February 12, 2014
"Rightful liberty is unobstructed action according to our will within limits drawn around us by the equal rights of others. I do not add 'within the limits of the law' because law is often but the tyrant's will, and always so when it violates the rights of the individual." Thomas Jefferson
From our foray into the Land of Oz and the false wizard known as the Internal Revenue Service (IRS), we have learned a great deal about the complexity of the law and how it is supposed to work. The ugly truth is, the law has become so cumbersome and complex that it is bordering on collapsing under its own weight. Millions of local, state and federal laws have been written and placed on the books and all that law is so riddled with conflicts, contradictions, overlaps and unconstitutional provisions that it is amazing that we haven't become a nation of the lawless. What keeps it sort of working is the institutionalized corruption of politicians, lawyers, judges and the courts. Each of these players is a co-conspirator in that corruption but that fact is probably the best kept secret of the last 10 or 20 centuries. This corruption literally grows by the day.
The only thing that could possibly be worse in the corruption of power are bankers, or should we use the pejorative ..... banksters? With lawyers controlling the law and the banksters controlling the money, the average individual is caught in a tangled web from which there is no escape, where they are wrapped in the silken thread of corruption until it is time for them to be devoured. Sadly, the average individual hasn't a clue that he or she even lives in this crazy, insane spider web of institutionalized corruption, using the "tool" of law to enslave. In fact, the average individual in any country and even in America, is more like a leaf on a river, powerless and totally in control of the current, the current being the government and the corrupt "system", a "system" that contains politicians, judges, lawyers and bankers who have lost their honor.
But getting back to the law, the net effect of all these laws is that the people have no idea what the laws are until they fall afoul of them. Then, when they are up to their necks in government, law enforcement, lawyers, judges, clerks, juries and courts, they are left with their eyes spinning in opposite directions, entirely at the mercy of this corrupt judicial system where only the "co-conspirators" think they know what is going on. Unfortunately, what is going on is a type of controlled chaos because of too many laws.
Any "good" lawyer (if there are any) will tell you that the courts are, at best, a crapshoot. It depends on so many variables that there is no way to predict any potential outcome of any case and the outcome has very little to do with the law, much less justice. If your case goes against you it could very well be because the judge was having a bad day, or that your attorney was inept and negligent, or how you looked and acted in court, or the jury was biased against you. That folks, is why "justice is blind."
But before you go all goo-goo eyed on how bad and corrupt things are, there are some positive sides to the law, that is if government, the lawyers, judges and the courts care to abide by the law. Can anyone say IRS? Every now and then when someone is searching the law, they find a little tidbit that gives them a glimmer of hope. It seems that the U. S. Supreme Court has made some decisions that allow the average citizen to challenge the government when they try to pull the wool over your eyes and we can tell you with certainty that the government works feverishly to pull the wool over your eyes every day, either by ignoring the law, changing the law without authority, citing a law that cannot be enforced, or just plain lying. Naw! The government wouldn't lie ..... would it? Yes it would and it does, with malice aforethought.
Government, politicians, lawyers, judges and the courts are not your friend, they are your sworn enemy and they will do everything in their power to hold you down, especially if you "tick" them off. Oh, and if you think your attorney is working for you, think again. You pay him, but his allegiance is to the corrupt "system", the court, the BAR but never you. The attorney cares only a little about whether he wins your case or not, but he really cares about you paying him his exorbitant hourly fee that ranges from $250 to over $600 per hour. Do you know how fast a lawyer can eat up a $1,000? In a blink of an eye. And lawyers have absolutely no incentive to bring your case to a quick close or settle the case. They will run a case into the ground, milk it for all it is worth, until it finally runs out of steam on its own accord. Whether you win or lose in court, the lawyer always wins.
To give you an example of how it works, in a case where we were sued for $1,800,000 on absolutely frivolous grounds, our lawyer sent us his first bill and the first line item contained the following reason for a charge: "attempted to reach the client by telephone, 0.2 tenths of an hour. That's twelve minutes folks and the charge was $60.00. How many times did the lawyer attempt to reach us by telephone in that 0.2 tenths of an hour? Your guess is as good as ours. We were furious and so told the lawyer. What happened, our bill went up. How dare we challenge the lawyer! Oh, we won all right, but that frivolous case cost us $35,000 in legal fees and court costs to win. You call that justice?
Well now you know where we stand on politicians, lawyers, judges and the courts, so we will move on to the real subject of this article, "Does Government Have Statute Authority To Enforce Law?
In U. S. Supreme Court decision "US v Mersky" it states that an "implementing statute" is necessary for any law or regulation to have the force and effect of law. To wit:
"Once promulgated, these regulations, called for by the statute itself, have force of law, and violations thereof incur criminal prosecution, just as if all the details had been incorporated into the congressional language. The result is that neither the statute nor the regulations are complete without the other, and only together do they have any force. In effect, therefore, the construction of one necessarily involves the construction of the other." UNITED STATES V. MERSKY, 361 U.S. 431, 438 (1960)
It turns out that the government passes thousands of laws that are not backed up by a statute, local, state, or federal and the Mersky Supreme Court case established that a regulation or law must have a corresponding statute. Which brings us to the Internal Revenue Code (IRC - Title 26). There are many sections of the IRC that have no corresponding statute and are thus unenforceable by law. Nevertheless, the law is enforced brutally and with a vengeance. We have uploaded a form to our website that shows which portions of Title 26 have a corresponding statute and which don't. Go to our RESOURCES page and look for "DO IRS REGULATIONS HAVE THE FORCE OF LAW?"
In another decision,
the U. S. Supreme Court also did a favor for the average citizen. It admonished
anyone having any relationship with government in Federal Crop Ins. Corp
v. Merrill, 332 U. S. 380, 384 (1947), as follows:
"Whatever the form in which the Government functions, anyone entering into an arrangement with the Government takes the risk of having accurately ascertained that he who purports to act for the Government, stays within the bounds of his authority. The scope of this authority may be explicitly defined by Congress or be limited by delegated legislation, properly exercised through the rulemaking power. And this is so even though, as here, the agent himself may have been unaware of the limitations upon his authority."
We all have an intimate relationship with government whether we like it or not. However, the above decision gives the average citizen a tool to challenge the government to determine if the law or regulation the government is citing in some notice, request, or demand of you, that the law or regulation is actually backed up by a statute. If it isn't, the law or regulation is unenforceable, unless of course the government decides to ignore the law altogether.
It is possible, as the High Court indicates, that neither the government agent or the average citizen possesses the requisite knowledge to define the bounds of the agent's authority to perform the duty or duties for which he or she has been charged and the governing law behind any given government request or demand. Moreover, as the High Court admonishes in the above-cited Supreme Court Merrill case, "the government agent may, or may not be, aware of the limitations upon his or her authority."
Government, at every level, through government agents or employees, enforce regulations or law, irrespective of a governing statute, or even if the law or regulation meets the constitutional smell test and they do it because they can and because government by definition is force and if you don't comply, they can hound you, harass you, fine you, penalize you and yes, even throw you in jail.
From our experiences and research and using the above cited U. S. Supreme Court cases, we have developed a strongly worded, sample letter/notice that any American can use, or modify to fit their situation, to challenge the government's authority by requesting that the government back up any of their actions by submitting to you, in writing, under penalties of perjury, the governing statutes for each law or regulation they cite in a request or demand. It can also be used face-to-face when you find a government agent trespassing on your property without your permission, which happens all the time.
During our 30-plus years of experience in real estate development and working with landowners, we found that many of the notices received by property owners either cited no law, regulation, or ordinance, or the ones they cited weren't applicable to the alleged land use infraction. All across the entire spectrum of government, we have found that government employees are inept and they make mistakes all the time. Our current experiences with the IRS prove this. We have received multiple notices from multiple IRS offices saying opposite and contradictory things. Our sample letter/notice will catch the government, including the IRS, when they do make mistakes.
Have you received a written or verbal notice, request, or demand from government, local, state, or federal? Has a government agent been trespassing on your property? If this has happened to you our Sample letter/notice could prove invaluable. To find out more about this Sample letter/notice, click HERE. We effectively used a similar letter/notice in our battle with the IRS.
Either challenge government or be satisfied with being its slave. Remember, law does not have to be right or constitutional and in fact, according to Thomas Jefferson, "law can be nothing more than a tyrant's will."
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This fact is illuminated by a recent tyrant's statement saying that, "..... if the Congress won't act, I will use my pen and my phone", in open opposition to Article I, Section 1 of the U. S. Constitution. Any tyrant (president) displaying such a blatant abuse of power in America should be impeached.
DISCLAIMER: Truth is an illusive goal when searching available information with the sole purpose to validate such information. Consequently, we make no warranties, express or implied, that the information presented in this article is accurate in all respects. Much of it was pulled from what we determined to be reliable sources. It is the sole responsibility of the reader to verify the information for his or her own particular situation. The material provided is for information purposes only and there is no attempt by the author to provide legal or accounting advice to anyone whatsoever. Under no circumstances are we advocating that any American break the law ..... whatever that is.
© 2014 Ron Ewart — All Rights Reserved
Ron Ewart, a nationally known author and speaker on freedom and property issues and author of his weekly column, "In Defense of Rural America", is the President of the National Association of Rural Landowners, (NARLO) a non-profit corporation headquartered in Washington State and dedicated to restoring, maintaining and defending property rights for urban and rural landowners. Mr. Ewart can be reached by e-mail.