August 1, 2000
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The Tax Freedom 101 Report
*Updates* - *News* - *Information*
www.taxfreedom101.com
The Constitutional Revival Movement's News Source
- August 1, 2000 -
This weekly HTML formatted e-newsletter contains:
UPDATES:
* Comprehensive Annual Financial Report - CAFR
* Judicial Watch - Weekly on Liberty Works Radio Network


NEWS:
* The Government Pulls a Fast One - National ID Already Being Used - Your Plastic Please!

INFORMATION:
* The Child Support Act of 1998 - An Analysis of Section 666

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UPDATES:
* Comprehensive Annual Financial Report - CAFR
Last week we ran the story "Does the 5 Trillion Dollar Federal Debt Really Exist? - Explanation of the CAFR - Comprehensive Annual Financial Reports". Recently Walter J. Burien has appeared on a radio show with Candidate for Governor of the state of Oregon, Rich Smith. To listen to the archived broadcast click on the link below and move the play bar ahead 59 minutes into the show and that will be the start point of the CAFR topic. Please note: This audio format requires RealPlayer. If you do not have the RealPlayer device a version is available for free at www.real.com

To hear the show go to: http://playlist.broadcast.com/makeram.asp?id=549521

Other Resources for Consideration:

Government on-line CAFR's for review - http://www.financenet.gov/state/cafr.htm

* Judicial Watch - Weekly on Liberty Works Radio Network
Exploding onto radios across America every Saturday from 12 noon to 2pm EST. live from Washington, D.C., the Judicial Watch Report gives you the facts about the Clinton scandals and government corruption that the establishment media and government officials don't want you do know!!! If you wish you can listen to the most recent broadcast of Judicial Watch... Click here.


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NEWS:
* The Government Pulls a Fast One
- National ID Already Being Used - Your Plastic Please!
The Master only called out the dogs to track-down the slave when he moved beyond the geographical bounds imposed upon him. A slave for all practical purposes was allowed to move about the Master's homestead with no trouble or monitoring at all, that is until he "ran". Since fleeing of slaves was a potential problem Masters implemented marking or branding, this was the identifier to establish ownership by a master. If a slave decided to make-a-run-for-it, the branding or mark of the owner upon the skin of the slave not only allowed for easy identification and proof of ownership by the master, but would also alert all those who came in contact with the person that this was indeed a "marked man".

What Makes Up a National ID?


What components in your opinion would constitute a National ID? A picture? A name? A signature? An identifying number? An address? A Federal Seal? How many of these components would need to be present to comprise a National ID in your opinion? Two, three, all of them? Now open up your wallet or pocket book and pull out your driver's license. Looks like you got a National ID with all those components. You may not have a Federal Seal, but a State Seal is certainly good enough, if not better.

Lets Put This Into Perspective and Dispel Some Illusions

Today for the most part everyone is labeled a slave, or at least one on-the-run. That statement is bolstered by the mentality of many who say: "What do I care if the authorities want me to prove who I am, I'm not trying to hide anything, you must be doing something wrong if you can't accept being numbered, fingerprinted, or tagged." I'm sure that is what slaves thought just before getting the hot iron.

The Masters today are the States and the Slaves are its Subject Citizens. The ball and chain hung around the necks of the State's subjects is known as a driver's license, and the brand or mark currently being used by many Slave Masters is the social security number. More recently the categorized and digitally recorded traits or biometrics of specific slaves works better as a mark of identity, hence the reason why most DMV's are currently switching to such biometric identifiers. Now there is "talk" of removing SSN's from driver's licenses altogether to "protect privacy" and prevent fraud. Maybe it is just talk, but maybe it isn't. Either way it is a joke.

Theoretically there really is no need for the number on a driver's license now, only the image or specific biometrics which makes everyone unique and easily identifiable is required. Real personal biometric identification is all archived and easily accessible by computer and the number is but a mere luxury for confirming what is already known.

The Driver's License Provides for a Very Long Chain Not Constrained by Distance

Central databases are the key to the system of control and have been in existence for some time now - nearly twenty plus years when it comes to motor vehicle identification numbers, registrations, and drivers licenses. The advent of the technological revolution has allowed for real time confirmation of identity of individuals and property. So yes, you are just a slave on the Federal Plantation, and when the Lord needs to know where you come from, what your political affiliation is, how much you pay in taxes - or don't pay, your phone number and where you reside - it is as easy as a click of a mouse.

I Don't Know My Rights, Ergo I Don't Have Any

Subject slaves willingly hand over and accept the violation of their IV Amendment rights without question when they accept the terms a typical license to travel (e.g. drive) imposes. That may be due to the fact that they are ignorant about the natural right to travel. The battle being waged over the right to exist, live and work without being serially numbered by a numerical identifier such as social security number is certainly a valid fight, but it is not as significant as the right to travel freely (i.e without a license). If you are deprived of locomotion via the primary form of transportation, that being the automobile, you are in fact a prisoner within your own pedestrian domain, and perhaps even those boundaries may even change 50 years from now as things like the Digital Angel become widely accepted.

Enough Said


The clever people, "the Masters", saw the revolt coming years ago over the proliferation and misuse of SSN's and knew eventually the fraud surrounding Social Security would be unmasked. Still there needed to be a mechanism to maintain control over its subjects. The advent of the technological revolution has allowed for that very control. So lets say the social security numbers are removed from the databases. Does that make things all better? I think not.

We have proven sufficiently that the driver's license is in fact a National ID and can be used to "finger" you and your location whenever the "authorities" so wish. So don't get all hot-n-bothered when Congress trots out proposed legislation to implement a National ID. It already exists. The National ID game that Congress pulls out every once and awhile to be knocked down is just their way of measuring the slave's resolve and providing them the illusion that they are truly free. That is until the Slave catches on to the truth.

Maybe the slaves will catch on if the Department of Motor Vehicles in your state start using American Express' old motto: DON'T LEAVE HOME WITHOUT IT!



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INFORMATION:
* The Child Support Act of 1998 - An Analysis of Section 666
The following article was mailed to all members of the Save-A-Patriot Fellowship via the members assistance program back in December of 1999. Non-members do not have access to much of the information and cutting edge education provided by the fellowship. In the coming months we plan to reproduce other articles from the case work and paralegal departments of the Save-A-Patriot Fellowship and make them available through the Tax Freedom 101 Report.
THE LIBERTY TREE
Vol. 2 Number 12 - October 1999
The Child Support Act of 1998
An Analysis of Section 666
SAPF Casework and Paralegal Department
Vol. 2 Number 12 - December 1999

One problem many people face today is denial of certain rights and privileges because they refuse to provide a Social Security account number ("SS#") - they find the use of it repugnant in a free society, or they do not have an SS#, in the first place. Said rights and privileges may include operating a motor vehicle, obtaining a fishing license or marriage license, and in some cases even registering to vote. Yes, in many jurisdictions in America today, you will be denied the right to vote unless you are a registered socialist!

When Congress passed the Child Support Performance and Incentive Act of 1998, certain changes were made to Title 42 U.S.C. Ch. 7, Subch. IV, Pt. D, that included § 666, which states:


Procedures to ensure that all Federal and State agencies conducting activities under this part have access to any system used by the State to locate an individual for purposes relating to motor vehicles or law enforcement.
(13) Recording of social security numbers in certain family matters
Procedures requiring that the social security number of-
(A) any applicant for a professional license, commercial driver's license, occupational license, recreational license, or marriage license be recorded on the application;
(B) any individual who is subject to a divorce decree, support order, or paternity determination or acknowledgment be placed in the records relating to the matter; and
(C) any individual who has died be placed in the records relating to the death and be recorded on the death certificate.


Yes, you read right: that is section 666! This is a statute that essentially operates upon the premise that a citizen is guilty of being a dead-beat dad until he proves himself innocent. But more importantly, it is an important step in the creation of a national database with all kinds of information on everybody. (It's an historical fact that it was the information systems kept on citizens that made the Gestapo so notorious and dangerous during WWII.) § 666 caused many states to pass laws requiring the SS#, on the presumption that § 666 required such. But did § 666 really create any such requirement of the states? The answer to this is, NO! The Congressional Research Service admits this:

"The term 'State' in 26 US. Code 3121(e) specifically includes only the named US. Territories and possessions of the District o Columbia, Puerto Rico, the Virgin Islands, Guam and America Samoa.

This rationale of the Congressional Research Service is equally true in the case of the pertinent sections of Title 42 USC in which the Code imposes said "requirement" only upon the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, and American Samoa.1 Upon examining these sections of the USC, it is clear that none of the 50 states are included amongst the "states" upon which this requirement is imposed. Indeed, it couldn't, because the 10th Amendment to the United States Constitution prohibits such a requirement upon the sovereign state.2

Therefore, within 42 U.S.C. § 405(c)(2)(C)(i) the terms "State" and "United States" do not include any of the fifty states of the Union. And if it were the intent of Congress to include the states of the Union in the definitions, they would have done so;3 but they apparently chose not to.

We have seen several such state statutes, and have yet to come across one where its wording stated that a person must supply a SS# if they do not have one. As such, if an applicant does not have such a number, then one need only enter "none", for a person cannot be compelled to do the impossible - to supply a number that they do not have. If it was a legal requirement that a person not having such a number must obtain one before being granted a license, for instance, the statute would say so; but they never do. Furthermore, to construe a statute as creating an implicit requirement to obtain a Social Security account number would render the statute un-Constitutional.


Indeed, if any law did impose a requirement that the applicant supply a number he does not have it would be indirectly mandating a person apply for a SS#, and would therefore be void for vagueness
4 because in our Constitutional Republic, all laws must be explicit, not implicit; this must be so, in a Republic where ignorance of the law is no excuse for violating the law.

The courts have consistently held that a statute means only that which is stated and nothing more. This rule is called the "plain meaning rule" and has its origin in US. v. Missouri Pacific Railroad, 278 U.S. 269 (1929). There the Supreme Court stated,


"where the language of an enactment is clear and construction according to its terms does not lead to absurd or impracticable consequences, the words employed are to be taken as the final expression of the meaning intended...

The principle was more recently affirmed in Dickerson v. New Banner Institute, Inc., 460 U.S. 103, 103 S.Ct. 986, 74 L.Ed.2d 845 (1983), rehearing denied, 461 U.S. 911,103 S.Ct. 1887, 76 L.Ed.2d 815 (1983), where the Court stated,

"In determining the scope of a statute, one is to look first at its language. If the language is unambiguous,... it is to be regarded as conclusive unless there is a clearly expressed legislative intent to the contrary. " United States v. Varbel, 780 F2d 758 on P 761 (9th Cir) (1986)

At the risk of sounding like an incurable optimist, we prefer to believe our state legislatures don't intend to force applicants for licenses to obtain and use federal SS#'s involuntarily, or that Citizens must be federally enumerated. However, if this were the intent of a state legislature, then any such statute would be unconstitutional because the 10th Amendment requires separation of state and federal government.

In the case of occupational licenses, if one were to construe any said statute so strictly as to indirectly force a Citizen to obtain and use a SS# or otherwise become federally enumerated, this would constitute impairment of a contract, contrary to Article 1, Sec.10, Cl. 1 of the United States Constitution which expressly prohibits such things.

The fact is, any law mandating that state Citizens obtain and use a SS# to live and work in any state, or otherwise to be federally enumerated, would have to explicitly state this. However, any such "law" would have to take the form of a Constitutional amendment, because it would be necessary to abridge the 4th, 5th, 7th, 9th and other parts of the United States Constitution, particularly where the property rights of the citizens are concerned.


FOOTNOTES:

1 The legal terms "United States" and "State" and are defined in 42 U.S.C § 410: Definitions relating to employment For the purposes of this title(h) State. The term "State" includes the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, and American Samoa. (i) United States. The term "United States" when used in a geographical sense means the States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, and American Samoa. Notice that the definition of "State" lists only the District of Columbia, Commonwealth of Puerto Rico, the Virgin Islands, Guam and American Samoa

2
The only jurisdictions within the 50 states (except those ceded to the feds) that the Constitution grants to the federal government are postal roads and interstate commerce.

3
As seen throughout Title 42, Congress will specifically "include" the "50 states" when the intent of Congress is to "include" the 50 states of the Union. In fact, the term "United States" is defined within Title 42 numerous times to establish the jurisdiction of a particular statute. For instance: Title 42 US.C. §1301(a)(8)(C)Definitions. (C) The term "United States" means (but only for purposes of subparagraphs (A) and (B) of this paragraph) the fifty States and the District of Columbia. Title 42 U.S.C. §1382cDefinitions. (e) For purposes of this title, the term "United States ", when used in a geographical sense, means the 50 States and the District of Columbia. Title 42 U.S. C § 291b(l)(D)(c) (4) [cont.] The term "United States" means (but only for purposes of paragraphs (1) and (2)) the fifty States and the District of Columbia. Title 42 U.S.C. § 428(e) Suspension where individual is residing outside the United States.

4
Void for Vagueness. A law which is so obscure in its promulgation that a reasonable person could not determine from a reading what the law purports to command or prohibit is void as violative of due process. Black's Law Dictionary, 5th Edition.
Wishing you a tax-free day,
The
TAX FREEDOM 101 Staff

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