IN BENSON CASE IGNORES SEVENTH CIRCUIT RULING
December 5, 2005
"To consider the judges as the ultimate arbiters of all constitutional questions [is] a very dangerous doctrine indeed, and one which would place us under the despotism of an oligarchy. Our judges are as honest as other men and not more so. They have with others the same passions for party, for power, and the privilege of their corps. Their maxim is boni judicis est ampliare jurisdictionem [good justice is broad jurisdiction], and their power the more dangerous as they are in office for life and not responsible, as the other functionaries are, to the elective control. The Constitution has erected no such single tribunal, knowing that to whatever hands confided, with the corruptions of time and party, its members would become despots. It has more wisely made all the departments co-equal and co-sovereign within themselves." --Thomas Jefferson to William C. Jarvis, 1820. ME 15:277
In my column this past September, I reported on the effort by the feds to silence Bill Benson and continue persecuting this man because he holds a truth so dangerous to the banking cartel, they will go to any length to shut him up. If you are unfamiliar with this case, please click here for background. Why do I refer to this IRS persecution as a threat to the banking cartel? In 1913, a thoroughly corrupted and largely ignorant Congress passed the unconstitutional Federal Reserve Act. Charles A Lindberg, Sr., (elected to Congress 1909-1916.) said at the time:
"This Act establishes the most gigantic trust on earth. When the President signs this Act the invisible government by the Money Powers, proven to exist by the Money Trust Investigations, will be legalized. The new law will create inflation whenever the trusts want inflation. From now on depressions will be scientifically created."
In order to have a feeding artery to supply these blood suckers, the Sixteenth Amendment to the U.S. Constitution was declared ratified even though it clearly was not. We know that not a penny of your money stolen under a law that doesn't exist funds a single function of the federal government - it all goes to pay down the congressionally created national debt, "transfer payments" to the communist UN and a million other unconstitutional expenditures to foreign countries. Although the courts have ruled that the Sixteenth Amendment did not bestow any new taxing powers, the IRS still uses the Sixteenth Amendment to justify stealing the fruits of your labors.
The non-ratified 16th Amendment says:
The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration."
Most Americans don't know that the income tax law of 1894 was declared unconstitutional on the grounds that it was a direct tax not apportioned according to state population. However, a very intelligent woman by the name of Vivien Kellems did and she fully understood the critical nexus between the requirement of apportionment:
"Since a capitation means a tax of the same amount for every person, this provision makes doubly sure that all federal taxes must be at the same uniform rate for everybody. This limitation that direct taxes be levied by the Federal Government must be in proportion to a census and apportioned among the States in accordance with numbers, is the only provision in the Constitution that is stated twice ... "No capitation, or other direct tax shall be laid, unless in proportion to the Census of Enumeration hereinbefore directed to be taken." And in those two sentences our forefathers bound fast the hands of Congress and secured the liberty and freedom of the American people. How? By making it utterly impossible to levy an income tax ...
"An income tax is certainly a direct tax, probably the most direct tax of all since it cannot be shifted but must be paid by the person receiving the income. By specifying that direct taxes must be levied in accordance with the number of people, not upon what they produced, as in the days of ancient Egypt, an income tax was simply out of the question. It cannot be levied upon a man, but must be levied upon what he receives ...
"The supreme achievement of the combined brains of all those men were written into those two sentences and the freedom and liberty of the American people were secured in them. For in those two sentences the right of the free man to own something was made inviolate. This was his distinguishing mark, the only criterion of freedom in all the world, the right of the common man to retain for himself the fruit of his labor.......
"But his power to levy direct taxes was limited by an ironbound restriction: that tax must be apportioned among the States in accordance with the population. Since all taxes were to be at a uniform rate, Congress simply could not penalize one section of the country, or one group of citizens for the unfair advantage of another ...
"This was the most brilliant plan ever conceived for guaranteeing the freedom of a nation. It protected every person in his right to private property, rich and poor alike, and under this protection we built the richest, most powerful nation on earth. We achieved and maintained for the majority of our people a standard of living undreamed of before, the hope and the envy of the whole world."
There are those in the tax movement who think the Sixteenth Amendment unimportant. For those who would like to read a brilliant compilation of research on this issue and taxation, I highly recommend: Constitutional Income: Do you have any? by Idaho State Representative Phil Hart.
Many Americans also are unaware that at the same time Bill Benson investigated the Sixteenth Amendment, he also did the Seventeenth Amendment and discovered it was also never ratified. Why would the Secretary of the State in 1913 declare this amendment ratified when it wasn't? The fraudulent Sixteenth Amendment was critical because the schemers behind the scenes knew they would get the unconstitutional Federal Reserve Act of 1913 passed later in the year and they needed this amendment to siphon off the wealth of the American people to put into the pockets of their banking mentors. Third, the Seventeenth Amendment was critical because it stripped away the rights of the sovereign republics - the individual states of the Union, further corrupting our legal form of government: a constitutional republic - NOT a democracy. You can order Bill Benson's Proof the Seventeenth Amendment was Never Ratified which contains copies of all the documents obtained from state archives by calling 1.708.596.3142 (Central Time Zone). The fraud involving the Seventeenth Amendment is even more egregious than the Sixteenth and only a show down by the states will get this fraud corrected.
This past July, Bill's legal team filed a brilliant brief (see here). In this filing, Bill's legal counsel Jeffrey Dickstein points out:
"As previously discussed, the United States can not prevail as a matter of law unless it can prove Benson "made or caused to be made false or fraudulent statements concerning the tax benefits to be derived from the entity, plan or arrangement" and that "he knew or had reason to know the statements were false or fraudulent." This requires the United States to prove the Sixteenth Amendment was properly ratified, because if it were not properly ratified, Benson's statements would not be false or fraudulent, they would be true, and the United States' action would fail."
I called this checkmate and it should have forced the federal boys and girls to realize their argument was not winnable. However, with the assistance of the judge, the morally bankrupt U.S. Attorneys are still trying to get the court to ignore the law and "kill Bill." In this latest brief you will read how the judge in this case simply decided to ignore the Seventh Circuit in favor of those whose paychecks drip with the blood of innocents. The latest filing, Benson's Memorandum of Law in Opposition to the United States Motion for Summary Judgment was filed on December 1, 2005 and can be read here. Dickstein has hit the nail right square on the head and once again reinforces how compromised federal judges are - especially involving income tax cases.
In this brief, Jeff brings up "....Section 205 of the Revised Statutes, and the so called "enrolled bill rule..." While all of this can be very confusing for the layman, it is easy to understand once you are provided with the definitions and importance of certain statutes and legal phrases. I personally became familiar with Section 205 of the Revised Statutes when The Wallace Institute filed a lawsuit over the fraudulent ratification of the Sixteenth Amendment in the State of Oklahoma. It is vital that Americans understand what Jeff is saying and I encourage everyone to begin learning about this by clicking here.
People ask me all the time why these judges continue to thumb their noses at the U.S. Constitution and why do these U.S. Attorneys who, by now know the truth, don't simply walk away and get a real job? Federal judges do it because they know they can and because they are arrogant. They know there is zero oversight regarding federal judges from the 100 cowards in the U.S. Senate. Contrary to what the media hacks and factually challenged politicians parrot, there is no guarantee of life time appointments for these federal judges. Dr. Edwin Vieira explains this quite succinctly in his book, How to Dethrone the Imperial Judiciary.
As for U.S. Attorneys, it's called moral cowardice. When it comes to jobs vs the Constitution, the Constitution loses every every time and that's how the evil doers have the American people by the throat: paychecks and few care where it comes from anymore such is the desperation. As one middle aged man shouted into the TV cameras during the last pretend election between the one party candidates, Bush and Kerry: "This election isn't about Viet Nam or abortion, it's about jobs."
The international banking cartel is the real power on this earth. They own and control governments, they buy and sell these whores who pass themselves off as politicians and they are not going to relinquish control via their central banks without a fight. The last big one was when the 1816 bank charter expired in 1836, President Andrew Jackson vetoed its renewal. He said the following:
"The bank is trying to kill me - but I will kill it. If the American people only understood the rank injustice of our money and banking system there would be a revolution before morning."
The American people supported Jackson:
"The greatest party battle centered around the Second Bank of the United States, a private corporation but virtually a Government-sponsored monopoly. When Jackson appeared hostile toward it, the Bank threw its power against him. Clay and Webster, who had acted as attorneys for the Bank, led the fight for its recharter in Congress. "The bank," Jackson told Martin Van Buren, "is trying to kill me, but I will kill it!" Jackson, in vetoing the recharter bill, charged the Bank with undue economic privilege. His views won approval from the American electorate; in 1832 he polled more than 56 percent of the popular vote and almost five times as many electoral votes as Clay."
No president or Congress - with the exception of a handful of Congressmen (Louis McFadden, Larry McDonald, Wright Patman and others) have dared defy the banking cartel since Andy Jackson. Make no mistake: this fight involving Bill Benson and the IRS is very important because the stakes are very, very high. While I have received a fair amount of negative e-mail regarding Bill's case and the odds, warriors do not lay down and simply give up because the fight is going to be bloody.
There's big trouble coming in this country and anyone who denies what's right in front of their face is either in a state of denial or is simply so afraid of the truth, they will retreat into their comfort zones of false security and hope for the best. As the entrenched corruption in the federal, state and local governments becomes known to more and more Americans, the angrier people are becoming. As more and more Americans become victims of the system, more become activists and are willing to stand up and fight. No one said this was going to be easy. The outcome is yet to be decided and the ultimate battle is yet to be fought.
� 2005 Devvy Kidd - All Rights Reserved
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Devvy Kidd authored the booklets, Why A Bankrupt America and Blind Loyalty, which sold close to 2,000,000 copies. Devvy appears on radio shows all over the country, ran for Congress and is a highly sought after public speaker. Your complimentary copy of the 32-page report may be obtained from El Dorado Gold. Devvy is a contributing writer for www.NewsWithViews.com.
Devvy's website: www.devvy.com
E-mail is: [email protected]
No president or Congress - with the exception of a handful of Congressmen (Louis McFadden, Larry McDonald, Wright Patman and others) have dared defy the banking cartel since Andy Jackson. Make no mistake: this fight involving Bill Benson and the IRS is very important because the stakes are very, very high.