April 16, 2002
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The


Report

A Weekly Internet Publication

-
April 15, 2002 -
The Constitutional Revival Movement's News Source



UPDATES:

-
Today is Patriot's Day
-
Constitutional Quiz Question of the Week

NEWS:

-
Filling the Government's Cup of Iniquity

INFORMATION:
-
Contracting in the Socialist Age
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UPDATES:
- Today is Patriot's Day!

Well actually today, April 15th, is the state recognized 'holi-day' of Patriot's Day in the Commontheft of Marxachusetts. The actual historical day marking Patriot's Day is April 19th. As for the rest of the nation, today is better known as the tax filling deadline for Taxpayers. But for *certain* Massachusetts citizens it is a bona fide holiday, and not the federal and state tax filing deadline for Massachusetts Taxpayers. That comes tomorrow.

I should point out here that the only citizens who actually benefit from the state sponsored largess of holiday pay is that of state workers. These workers include both the essential and the oxymoronic term of non-essential employees of state government. Also benefiting according to the IRS' media mouthpieces within our state are those lowly procrastinating Taxpayers in our Commonwealth. They've been given a grace period, a whole additional day if you will to get those tax returns and payments into the appropriate taxing agencies - on time. Yes, those lucky Massachusetts Taxpayers who still find themselves unable to break away from the payment of protection money that the Socialist regime requires of its subjects year-after-year get an extra day to agonize, pour-over, and calculate their enslavement payment or over-punishment refund for the previous tax year. For the rest of you lazy Taxpayers in the other 49 states of the Union get busy, because if you don't get your return into the post office tonight by midnight you're liable to turn into a pumpkin.

Perhaps it is unfair to the rest of Taxpaying America for this extra day of reprieve which Massachusetts Taxpayers enjoy. A Patriotic holiday indeed! One in which to manipulate his or her yearly net worth out of a pile of paper consisting of receipts, tattle-tale government forms and reports, and other sundry deductible items. All for the benefit of the King's treasury. Why it is only fair that Massachusetts Taxpayers get 24 more hours of torture, since after all this is the state where "the shot heard 'round the world" was fired. Now class, does anyone remember what the reasons were, and the corresponding events prior to that deadly day in Concord and Lexington on April 20th, 1775? Oh excuse me, I forgot, we don't teach this kind of history in government schools any longer. Moving on then to the more important class of civics. Today's lesson: How to properly fill-out a tax return. But I digress.

Ironic that the tax filing deadline for Taxpayers across the nation falls on our state recognized holiday - Patriot's Day. In my humble opinion Patriot's Day should be a National holiday, but alas we already have July 4th. Picture this scene in your mind and ask yourself where am I the following imagery. The day when our forefathers drew the proverbial line in the sand, and said in a sense... "NO MORE!" is the moment they laid down their ploughs and picked up their muskets. These then un-loyal subjects to the crown, who we now revere as Patriots were the ones firing the hot lead balls of freedom. The smoky cloud of expelled powder directed at the enemy of liberty - King George's army and the cowardly fellow countrymen who sought to pass up the opportunity for freedom, and in its stead a desire for a continued temporary safety by the willing payment of their tribute money to their tyrant. Ahem, sound familiar?

If you're still a Taxpayer, and you're reading this, I just want you to remember that history does repeat itself. For myself and others who have said "NO MORE" in the spirit of truth and justice, and who have laid down their tax returns and picked up their Constitutions I commend you, and wish you yet another beautiful Spring day to celebrate your freedom. We can all proudly say that April 15th is our liberation day, our Patriot's Day. You should be proud to be part of the solution, and not part of the problem that plagues America. Perhaps if you're still a Taxpayer, next year will be your Patriots Day as well. However if your decision is to remain a slave after discovering the truth behind the income tax, then I shall leave you with these parting words from the father of the American Revolution, who just happens to be from my home state as well.

"If ye love wealth better than liberty, the tranquility of servitude better than the animating contest of freedom, go home from us in peace. We ask not your counsels nor your arms. Crouch down and lick the hands which feed you. May your chains set lightly upon you, and may posterity forget that ye were our country men." - Samuel Adams.

Wishing you a peaceful Patriot's Day,
Bryan Rusch
Tax Freedom 101 Manager


- Constitutional Quiz Question of the Week

"In questions of power, then let no more be said of confidence in man, but bind him down from mischief by the chains of the
Constitution." - Thomas Jefferson

This week's question: How was the controversy between those who wanted and those who were against control of commerce by the central government compromised?

Last week's Constitutional Quiz Question of the Week with answer can be found here.



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NEWS:
- Filling the Government's Cup of Iniquity

The Save-A-Patriot Fellowship learned long ago that the government and associated agencies involved with tax collection could care less about the average citizen's discoveries about the income tax. The IRS in particular also cared much less for the work the Save-A-Patriot Fellowship was doing in helping citizens understand the written law with respect to their personal duties and responsibilities when it came to filing a return on income.

If you're a member of the Save-A-Patriot Fellowship simply refer to the numerous letters to the IRS commissioner within your member's handbook. The same letters that offered a hand of sincere friendship with the fellowship's formal request that the "agency" appoint a representative to overlook the work the fellowship was doing on behalf its members, and the education it was disseminating to the public-at-large. The purpose and intent of the requests was to show those in government that the fellowship's desire was to be in alignment with the written tax law, and not protest the raising of revenue, or make spurious claims like other organizations. Spurious claims such as the Internal Revenue Code and corresponding regulations are unconstitutional, and that the income tax is voluntary. If you are not a member of the fellowship you're welcome to review our audio file "The Save-A-Patriot Fellowship - Where Liberty Comes First" to get a full overview of what transpired after our numerous formal requests for real compliance were denied.

Further, after thousands of educated citizens across the nation who knew and were well versed in the tax law presented their pleadings to Congress, and the Judicial branch to uphold the tax law, and request that the IRS correctly enforce the tax law as written have those same pleadings ignored, deliberately dismissed, brushed off, passed along, or just plain laughed at by ALL branches of government over a period of years; it was then that the evidence was clear. The government was NEVER EVER going to admit to the wrongs committed, or attempt to do right in the future, and any further attempts to ask them to do so would obviously just be an exercise in futility. Believe us when we say... the governments cup of iniquity is full and overflowing!

Perhaps the latest organization to join the fray in the Constitutional Revival Movement with respect to the tax issue, The We The People Organization will take a hint after their noble and repeated attempts to get the government to sit up and take notice have been as successful as ours have been for the past 18 years. Not very successful, but then again the cup of iniquity that the government grasps does go dry periodically, and needs to be refreshed so that citizens can observe and be reminded of what kind of nation they've inherited from previous generations. A country of well feed slaves ruled by elite slave masters who now meet nearly every offense our forefathers put forth and as listed in the Declaration of Independence.

Giving credit where credit is due, if anything was accomplished from the latest news conference in Washington DC at the national press club, it was to show the citizenry once again that our representative republic is not functioning the way it should. The reason why our republic is not functioning the way it should? Because the citizenry is still largely ignorant, compliant, and lazy, and does not yet understand the severity of the time in which they live. Perhaps they will understand when they have to begin drinking from the cup of iniquity themselves.

To watch the latest plea for accountability from government by We The People Organization which was held on April 8th, click here. (requires Real Player audio plug-in)



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INFORMATION:
- Contracting in the Socialist Age

Article 1, Section 10, Clause 1: No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque or Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and Silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility. - U.S. Constitution

Will Work For…A Just Weight and A Just Measure.


There are a few options available to citizens when meting out the right to earn a living in North America. In most instances, a citizen may rely upon Article 1, Section 10 to conduct their business affairs. Simply said, an educated citizen understands the right to contract freely with others without government interference as expressed in the supreme law of the land.


No State shall…pass any…Law impairing the Obligation of Contracts…


Let us first consider some steps involved in establishing a working relationship between two "individuals". We will call it a Contract in the end. Later, we will revisit the law, and see what laws, if any, currently impair the Obligation of Contracts between Citizens of the 50 States.


Step 1 - The Terms:


Prior to a business relationship being established, individuals must know the terms, or arrangement in order for an exchange of money/time/labor/goods to take place. Let's assume money/time/labor/goods can be expressed as "X" in the next example of a simple contract.


Ex: Person A will compensate Person B "X" amount for "X" amount of Person B's money/time/labor/goods which is tendered to Person A. That is a simple business arrangement that every individual has experienced in his or her lifetime.

When parties agree to the terms of an exchange for "X", a transaction can then occur by executing the agreement or contract. When this happens it is assumed that both parties (individuals) value "X" equally, and hence a like-kind-exchange occurs. The formula being: A+X = B+X.


If you take this equation to its logical end you will also soon learn there is no gain realized. Proving once again it is a like-kind-exchange.


A+X = B+X
A+X - (B+X) = B+X - (B+X)
A+X - (B+X) = 0


However, parties can disagree to the terms, or arrangement for the exchange of money/time/labor/goods. This usually happens when individual(s) disagree to the values found in the above equation, making it "unbalanced". We can always add to the equation to bring it into balance. Let's negotiate.


Step 2 - Possible Negotiations:


We find that shrewd business people use the tools of negotiation in their favor every day. It is rare that in long term arrangements, like-kind-exchanges can be maintained. Since the advent of the "monetary monopoly" the constants of "X" in the equations can change at will. Knowing this consciously or subconsciously allows room for a see-saw game of renegotiations on both sides of the equation. However, we as educated citizens, know that our best leverage in the negotiation phase occurs with a knowledge of common law and employment Law.


The corporate world has a plethora of negotiating tools, the y/z's of the equation to attract the lower wage common worker; those participating as "covered" employees. Some of these negotiating tools or "benefits" include: health, dental, vision care, vacation time, sick time, federally mandated paternity/maternity leave, subsidized day care, etc. If you want these y/z's dangling at the end of the stick you usually must be a "covered" employee who has executed an employee withholding allowance certificate, i.e. the seemingly innocuous W4.


The funny thing about these enticements is that they almost always come at a price which cannot be negotiated. Here is the new formula of like-kind-exchange after a typical negotiation between a modern day corporate "employer" (A), and a "covered" employee who is (B).


A+[X+y+z]=B+X - [X+y+z * 31%]


So the benefits weren't really "free" after all.


Now here is the formula of like-kind-exchange between a modern day corporate "employer" (A), who hires the shrewd and educated citizen "non-covered" employee (B) who recognizes the benefits of contracted employment.


A+X+[X * 31%] = B+X


Please note: The percentage in the above formula is dependent upon (B's) negotiation skills.


Here is the formula for two citizens who understand the law and have agreed to do business together. Be either (A) or (B).


"A+X" = "B+X"

Well we are back where we started so lets finalize this thing.


Step 3 - The Contract:


A contract is a binding agreement between two or more persons or parties. Back when "you have my word" meant something, a handshake was all that was needed to establish a working arrangement. Men of honor call it a Covenant relationship. A complicated contract may require a written agreement signed by both parties in order that "renegotiations" don't appear as often.


In the realm of "employment" in the common law vernacular we find a 8 and ½ by 11 inch piece of paper interjected between an established working relationship shortly after work has commenced. It is known as a W4.

It is casually assumed by an "employer" that the hired has and uses a Social Security Number. It is also casually assumed by the employer that the "employee" or better said, the worker will sign a Withholding Allowance Certificate (W4), without question, and after negotiations have ended. Most people do sign the W4. However, some employers and private contractors stumble upon citizens who wish not to enter into any additional agreements.


If you aren't sure about your next business relationship, execute a simple contract and have the other party sign it. Now you will have a common law working relationship established. You may wish to stipulate how the law reads with respect to "covered employment" and state that this contract does not constitute any agreement to enter into covered employment for social security purposes. In most instances the issue of reporting and employee withholding agreements by the other party will be left out of the contract completely. Now start working. If the other party tries to renegotiate (i.e. requests a competed W4), pull out your contract and scan for the clause mentioning "covered" employment.


The educated citizen understands what the W4 represents and can steer clear of this "re-negotiation" tool used later by an employer, but only if he understands the law and is ready for the W4's later appearance.


We know the "non-covered" worker has no use for a W4 and can reject it on its face. Technically speaking the "employer" has no need of obtaining a completed W4, yet the "employer" you contract with may not understand this, especially if they have requested, received and routinely use an Employer Identification Number, a.k.a an EIN.


Many Citizens execute the W4 or pay self-employment taxes (the 31% in the earlier equations) out of ignorance. They do this because they believe it is required by law. An educated citizen knows it is a voluntary action on the part of the individual to negotiate employee withholding with an employer so as to build credits for Social Security purposes. If it were mandatory there would be no need to complete and then sign the W4. The withholding would start immediately without having to sign it away.


It Has to be Voluntary!

What does Article 1, Section 10, Clause 1 say? It says in short concerning contracts that "No State shall…pass any…Law impairing the Obligation of Contracts…"


In effect, States are barred from abridging or impairing the Obligation of Contracts. If a single State cannot impair the Obligation of Contracts how can the United States (i.e. federal government)? They were forbidden in the Constitution. (Read the fifth, tenth and fourteenth amendment). On top of this there is no federal property law, only State property law. The founders recognized the need to prevent the several States from imposing tariffs on each other. It was also a contributing factor in determining that the States have no imposition in the "Obligation of Contracts". The Congress of the United States would regulate commerce (commodities) among the Several States (see A1,S8,C3, U.S. Constitution). Contracts and the obligations of such would come into being after the regulations of commerce had been established.


Submitting a W4 does not establish a contract between the employer/employee and the State(s), rather it is only a private withholding agreement between two individual parties with the payment of the withholding relegated to voluntary compliance! To make it mandatory compulsory for a Citizen of the 50 States would be to violate the Constitution. Therefore executing a W4 for "employment" purposes is not required by law for the Citizen. A detailed examination of the Internal Revenue Code, Title 26 USC will also show no imposition on behalf of the citizen to pay "employment taxes".


How to Work in America


The real crunch for an educated citizen is working in what we refer to as the "Socialist Age". Much like the Dark Age it is riddled with myths, social diseases, and wizardry. The first breathing dragon we run across in our daily working lives is the government, particularly the Internal Revenue Service. If your castle does not yet have a moat, a draw bridge, and guards surrounding it and you live out your existence now as a common man, your options may be limited as to what you can do to structure a defense from the dragons and warlocks of our day.


There are some knights in shinning armor who can help those citizens who don't want 31% or more burned through their cloak. They will help you if you find the need to work with the warlocks of today.


Consider using an
employee contracting service that recognizes the law the next time you are in the market for work.

For more on this topic pick up the written report: How to $top Tax Withholding and Take Home 100% of Your Next Paycheck! Available for purchase in the Tax Freedom 101 store.

Wishing you a tax-free day,
The Tax Freedom 101 Staff

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