Q: CAN I QUIT SOCIAL SECURITY AND GET ALL MY MONEY BACK?
June 28, 1999
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A.L.E.R.T. No. 1999-06-28 -- "Quitting Social Security"
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All Rights Reserved · Common Law Copyright by: INFORM AMERICA!
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TODAY'S A.L.E.R.T. (America, Law, Education, Rights, Taxation): focuses on what
may be the single most commonly asked question by visitors to our web site.
Namely, ...

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Q: CAN I QUIT SOCIAL SECURITY AND GET ALL MY MONEY BACK?
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A: The question, while appearing superficially reasonable, is grossly naive,
belying as it does a fundamental misunderstanding of the situation.

The answer is: Yes (sort of), and, No.

There is no legal provision within the Social Security Act to "quit", however
the very term "quit" is a misnomer. Participation in Social Security is strictly
voluntary (elective, consensual), hence, in order to "quit", de facto, one
simply stops participating.

An individual can elect to participate one quarter (of a year) but not the next,
then participate again the following quarter but not the next, and so forth.

The Social Security Administration says: "The Social Security Act does not
require an individual [citizen] to have a Social Security Number (SSN) to live
and work within the United States, nor does it require a SSN simply for the
purpose of having one."

Title 42 of the United States Code (42 USC) is titled "Health, Education And
Welfare" and contains the statutes pertaining to the Social Security Act.

42 USC section 405(c)(2)(B)(i), paragraph (I) states that a SSN is assigned to a
nonresident alien upon lawful admission into the united States.

Paragraph (II) states that a SSN is also assigned to any applicant for federal
benefits. That's you.

No tax is refundable. If it were, it would be a donation and not a tax. Social
Security is not a donation, tithing or other contribution. It is a tax. For
this reason you cannot "get all your social security money back".

Those wishing to longer participate would be wise to remember the adage that, at
any moment, life always consists of two phases: 1) up until now, and; 2) from
now on.

All tax monies paid into social security are gone forever, never to be seen
again. In the future, one may decide to make arrangements to take care of his
own retirement as I and thousands of others are doing.

Payments made this week to current social security benefits recipients
("retirees") are made from taxes collected from last week's participants. In
other words, those exiting at the "top" of the pyramid are being funded in
present time by those entering at the "bottom" - the very essence of a classic
ponzi scheme.

Earlier this year (1999), the Social Security Administration had a link on their
web site stating: "Why Social Security Is Not A Ponzi Scheme".
Apparently the waves of chuckling e-mails from visitors to that link caused
government officials to hastily remove the link as it has since vanished, no
doubt never to return.

When first enacted in 1935, approximately 50 workers paid in to Social Security
for each worker retiring. Today, the ratio is 3.2:1 and 2 are flipping
hamburgers at minimum wage.

The Social Security Act, which is part of Title 42 of the United States Code,
was enacted as a U.S. government sponsored, voluntary pension program for the
benefit of individuals who wish to participate in the program. The Act is
administered by the Social Security Administration which handles the
administration and payment of benefits under the provisions of the law.

Congress made its first attempt at socialist (Marxist) wealth redistribution
when it passed legislation in 1934 to provide for the retirement of railroad
workers. Since the workers traveled across state lines on the railroads,
Congress argued that the Act came under the interstate commerce clause.

Seeing through this transparent ruse, the supreme Court shot the Act down as
unconstitutional in its decision in Railroad Retirement Board v. Alton Railroad
Company decided May 6, 1935, stating:

"The catalog of means and actions which might be imposed upon an employer in any
business, tending to the comfort and satisfaction of his employees, seems
endless. Provisions for free medical attendance and nursing, for clothing, for
food, for housing, for the education of children, and a hundred other matters
might with equal propriety be proposed as tending to relieve the employee of
mental strain and worry. Can it fairly be said that the power of Congress to
regulate interstate commerce extends to the prescription of any or all of these
things? Is it not apparent that they are really and essentially related solely
to the social welfare of the worker, and therefore remote from any regulation of
commerce as such? We think the answer is plain. These matters obviously lie
outside the orbit of Congressional power”.

Translation: the high court informed Congress that it has no constitutional
authority whatsoever to legislate for "the social welfare of the worker." None.

To sidestep this constitutional speed bump on the road to eventual one world
government, President Franklin D. Roosevelt, a man whose name (in the opinion of
many including this writer) will one day live in infamy as one of the most
dangerous traitors our country has even known, had the Social Security Act
passed as a treaty.

Contrary to popular misunderstanding, treaties do not apply to the citizen when
residing within his own country, but when residing as an alien in the country
with which the treaty is enacted. Otherwise, any foreign legislature, say that
of France, could pass a law to dictate the legal requirements of a citizen
sitting at his kitchen table in, say, Kansas. Obviously, such a contention is
ludicrous on its face.

Many are unaware that our government mails thousands of social security checks
each month to foreigners all over the world, each of whom worked as a resident
in the U.S. long enough to become vested for retirement benefits.

Forty (40) quarters of voluntary participation are usually required before
application for benefits can be made, however benefits are never paid
automatically. Supplication must first be made. That is, in order to be "on the
dole" as my grandfather called it, you must first ask permission to receive your
benefits.

The Social Security Administration mails out approximately 47,000,000
retirement, disability, unemployment and Medicare checks each month (give or
take a few million) from its offices along Security Boulevard in Baltimore,
Maryland. Acres of SSA buildings, block after block, stretch back from the road
as far as the eye can see, lights blazing in the windows on all floors all night
long.

It is truly the largest wealth redistribution factory in the history of the
human race. Millions who would otherwise have conducted their affairs so as to
be independent by old age or living with their children as God intended now
depend for their very subsistence upon this monthly outpouring of congressional
largesse, the result of which is an outpouring of votes for those politicians
who promise to keep the spigot wide open.

If the Year 2000 ("Y2K") Millenium Bug succeeds in corrupting the computer
processes upon which the torrential outflow of these checks depend (thereby
interrupting mass dependence upon "entitled" benevolence), many fear the nation
will riot.

The tax upon which "old age benefits" are based is collected by the Internal
Revenue Service under the provisions of Title 26 of the United States Code,
otherwise known as the Internal Revenue Code.

Monies collected by the IRS are not forwarded directly to the Social Security
Administration to fund its administrative and disbursement activities as most
believe, but rather end up in the general fund along with all other taxes
collected.

All taxes of whatever type ever collected to this date by the IRS (which is
charged with the duty of collecting all internal revenue) - including social
security taxes - have already long since been spent by Congress to (among other
purposes too numerous to mention):

* Prop up the buying power of the paper Federal Reserve Note (which some
erroneously refer to as a "dollar");

* Fund studies of the sex life of the tse tse fly;

* Bail out the failed Savings & Loans;

* Build palatial offices for federal judges, and;

* Rescue the economies of a host of other countries including Mexico, Russia,
Malaysia, Brazil (not to mention dozens of others), none of which loans will
ever be repaid.

Since the days of the Eisenhower administration, Congress has spent far more
money than it takes in, hence the currently $17 trillion deficit.

The public is led to believe that social security taxes are held in a "Social
Security Trust Fund". There is in reality no such fund, existing on paper as an
accounting gimmick only.

Each year, Congress dips into the so-called "trust fund" to "balance" the
government's books, leaving behind nothing but non-negotiable government bonds,
or "I.O.U.'s", promising to pay money to itself.

Nowhere in the Constitution can you find the authority for the government to be
in the insurance business, wherefore the very title "Social Security Trust Fund"
when viewed in its proper light can be seen for what it really is: blatantly
disingenuous propaganda.

As I write on page 101 of my book "Losing Your Illusions" (available at
http://www.libertymall.com): "On December 13, 1993, investment banker and
chairman of the one-world prompting Council on Foreign Relations, Peter G.
Peterson, stated at an Entitlements Conference held at Bryn Mawr College: 'The
federal government has borrowed over $7 trillion from the social security trust
fund.'"

That was in 1993. It's now 1999.

Also on page 101 of "Losing Your Illusion", I go on to state in excerpted part:
"In an article in the October 9th, 1995 issue of Forbes Magazine titled The
Legal Ponzi Scheme, Karl Borden, professor of financial economics at the
University of Nebraska, wrote: 'Social Security is the classic playout of a
Ponzi pyramid scheme. It's a sucker bet for most of the population. There are
only a few things you can do at this stage. One is to look for new suckers.'
Economist William Shipman, who co-chaired a study project on the privatization
of Social Security stated: 'Social Security has been a horrifically bad
investment for Americans.' Dorcas Hardy, the Social Security Commissioner under
President Regan who wrote a book called "Social Insecurity", denouncing this
scam, was quoted in the December 1995 Reader's Digest as saying: 'There is no
prospect that today's younger workers will receive all the Social Security and
Medicare benefits currently promised them.'" [end quoting]

Ultimately, the money to repay all of these non-negotiable bonds can be raised
only by a politically sensitive combination of A) reducing social security,
Medicare and all other welfare entitlement benefits through so-called "means
testing"; B) through a dramatic raise in the employment tax rate, or; C) both.
"C" is the correct answer.

Most Americans will never see a dime of their social security tax contributions
when it's their turn to collect. Write your Representative in Congress and ask
for a free copy of "The Financial Outlook for Social Security and Medicare",
published by the Congressional Research Service as report number 92-608, dated
July 31, 1992. It uses the word "insolvency" at least ten times.

Social security is not a contract as some have theorized, but a political
promise to be kept at the whim of the legislature. Monies disbursed by the
Social Security Administration must be appropriated by Congress each year as
needed. Since no contractual obligation exists for the payment of any benefits,
the benefits could be terminated at any time if Congress did not appropriate the
funds.

Stated more bluntly, Congress could renege on its promise simply by passing a
majority vote to cancel all benefits. This vote could be held at 10:00AM
tomorrow morning.

Due to the aggressive lobbying efforts of the American Association of Retired

Persons (AARP) whose members can be relied upon to defend the "the dole" with
their last ounce of strength, Congress has kept the benefits spigot wide open so
far, while quietly instructing the print media to begin reconditioning the
public mind set to no longer depend upon Uncle Sam.

A fact unknown to most Americans is that no individual "account" actually exists
with the Social Security Administration (SSA). All such "accounts" are in
reality mere bookkeeping entries of accrued benefits due to be paid out under a
given Social Security Number (SSN).

Interestingly, the name associated with the individual to whom a SSN has been
assigned is moot and of no importance. A legal name change would have no bearing
on the benefits accrued as a result of contributions made under a given SSN.

The "number" itself is everything, as was intended from the outset. The emerging
socialist world order cannot come to full fruition without the citizens of the
various nations being enumerated by their respective governments.

Government surveillance and control of its populace would otherwise be
impossible when so many units share the exact same name (Bob Smith, Juan Perez,
Pierre Dupres, etc.) Who can tell them apart? Once numbered, however, all
confusion ends and tracking becomes a matter of mere administrative procedure.

Seen in its proper light, social security is a sovereignty transfer system under
which rights to property are waived and converted into an expectation of
benefits - i.e., government largesse - to be doled out at the pleasure of the
legislature.

A citizen has no standing in court to sue the government for his "retirement
check" since a beneficiary has no legal standing against his benefactor.

Remember, as we always say: "If you want to BE free, you have to LIVE free!".

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A Message From Gordon To Friends Of INFORM AMERICA! -
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Each week, our office receives a torrent of questions from fellow Americans
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While no one, including us, has all the answers, our particular area of
expertise lies in our understanding of the limited application of those taxing
clauses in the Constitution which pertain to lawful taxation, and the statutes
and regulations written pursuant thereto. For without a proper understanding of
the constitutional protections afforded private property, or as Jefferson
referred to it, "the Pursuit of Happiness", it is impossible to begin to
understand Liberty itself.

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"The war against illegal plunder has been fought since the beginning of the
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