The Income Tax Is Unconstitutional & Illegal

History:

The Sixteenth Amendment of the U.S. Constitution was written by Congress in 1909 and “ratified” 4 years later by 38 State legislatures, which consisted of 3/4 of all the States needed for ratification (or to confirm the Amendment as true law and apart of the U.S. Constitution as sanctioned). The 16th Amendment states:

"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."

The key words are: "whatever source derived, without apportionment"- and these are the linguistics people have been arguing over for the past 200 years, even before the Amendment was written.

Since the 16th Amendment clearly states this direct tax as constitutional law- we can assume that it is. Except it’s not as easy as that. The 16th Amendment can not only be considered unconstitutional because it is in direct violation of Article One Section 2: Clause 3 & Section 9 of the U.S. Constitution, but also because it was never legally ratified by 3/4 of the States to begin with…

Before I get to why the 16th Amendment was never ratified as claimed- I’ll start by re-familiarizing people with the original language in the Constitution:

"Article One
Section 2, Clause 3:
Apportionment Representatives and direct taxes shall be apportioned among the several states which may be included within this union, according to their respective numbers, which shall be determined by adding to the whole number of free persons, including those bound to service for a term of years, and excluding Indians not taxed, three fifths of all other Persons. The actual Enumeration shall be made within three years after the first meeting of the Congress of the United States, and within every subsequent term of ten years, in such manner as they shall by law direct..."

And then it is explained in recent terms by wikipedia.org:

"Under Section Two, the amount of direct taxes that may be collected from any state was tied directly to its share of representatives. On the basis of this requirement, the income tax was found unconstitutional in 1895, as it was not apportioned among the states. Writing for the Supreme Court, Chief Justice Melville Fuller dismissed precedent to the contrary as "a century of error". To permit the levying of an income tax, the Congress proposed and the states soon ratified the Sixteenth Amendment, which removed the requirement that income taxes be apportioned among the states."

And also, Section 9 states in Clause 4:

"No capitation, or other direct, tax shall be laid, unless in proportion to the census or enumeration herein before directed to be taken."

Therefore, according to the very earliest form of the Constitution in Article One Section 2 & 9- "direct tax" which is not "apportioned", should be illegal and if there is a direct tax, it MUST be apportioned. The Constitution was completed in 1787- and the 16th Amendment in 1909 (over a century later).

This is a section cited in wikipedia.org about the 16th Amendment's interpretation:

“The Supreme Court's interpretation of the Sixteenth Amendment has evolved and adapted considerably over time. Many disputes about the applicability of the amendment to specific types of income spring from reliance on the language of out-dated interpretations and overturned decisions."

Why It's Controversial

This is why the whole "income tax" issue is so controversial- but if we hold the original Sections of Article One of the Constitution in greater value over the 16th Amendment-which was unconstitutional in accordance to the original Constitution, then the income tax we pay today would be illegal. Yet, because our forefathers knew this situation would be a problem- they derived a system for the ability to add/alter Amendments (attachments or appendages) to the Constitution- and once ratified by 3/4 of the several States- became a part of the Constitution. The controversy isn’t whether or not the 16th Amendment contradicts Article One Section 2: Clause 3 & Section 9, but whether or not the 16th Amendment was ever legally ratified…

http://en.wikipedia.org/wiki/United_States_Constitution#Provisions_for_amendment

Authors of wikipedia.org wrote this about the Provisions for amendment:

"The authors of the Constitution were clearly aware that changes would be necessary from time to time if the Constitution was to endure and cope with the effects of the anticipated growth of the nation. However, they were also conscious that such change should not be easy, lest it permit ill-conceived and hastily passed amendments. Balancing this, they also wanted to ensure that an overly rigid requirement of unanimity would not block action desired by the vast majority of the population. Their solution was to devise a dual process by which the Constitution could be altered."

Congress made it so a 2/3 vote in both the House and the Senate can initiate an amendment- then in order for the amendment to be a part of the actual U.S. Constitution- 3/4 of the several States must ratify the amendment. Since the 16th Amendment was “ratified” in 1913- technically, income tax as we know it is legal? Not quite. What if I told you that the 16th Amendment was fraudulently “ratified”, and that the amendment was missing 13 State’s official and legal ratification of the amendment?

Thanks To One Man’s Research

Bill Benson took it upon himself in January of 1984 to investigate the 16th Amendment and the State Legislatures who “ratified” the amendment in 1913. He concluded after a year of hard rigorous research, that the 16th Amendment was in fact, not legally ratified by the required 3/4 of the 48 State Legislatures.

William J. Benson

http://www.thelawthatneverwas.com/new/theman.asp

In Bill Benson’s book “The Law That Never Was Vol. 1 & Vol. 2” he specifies the framework for what he calls “Defects in Ratification of the 16th Amendment”:

“The Sixteenth Amendment to the Constitution of the United States was never ratified by a majority of the sovereign States.

This is the Amendment that allegedly entitled the Federal Agent (government) in the federal territory of Washington, D.C. and their private collection company, the IRS, to collect "income tax" as falsely declared to be ratified in February 1913.

After an exhaustive year long search of legislative records in 48 sovereign states (Alaska & Hawaii were not admitted into the Union until after 1913). The only record of the 16th Amendment having been confirmed was a proclamation made by the Secretary of State Philander Knox on February 25, 1913, wherein he simply declared it to be "ineffect", but never stating it was lawfully ratified.”

Philander C. Knox

Clearly, the Secretary of State, Philander Knox, claimed the 16th Amendment to be “in effect” in 1913, because in fact, it wasn’t lawfully ratified by 3/4 of the States and he knew it.

The most critical alleged defects in the ratification process of the 16th Amendment that Bill Benson found in his research, were as follows:

1.Not ratified by state legislature, and so reported
2.Not ratified by state legislature, but reported as ratified
3.Missing or incomplete evidence of ratification, but reported as ratified
4.Failure of Governor or other official to sign, although required by State Constitution

http://www.thelawthatneverwas.com/new/ratification.asp
http://www.thelawthatneverwas.com/new/goldenkey.asp

These were only the top 4 most serious defects, out of 10 possible defects. The other six defects found were as such: different wording, different interpretation, misspellings, punctuation errors- which are more minor errors, but under Constitutional law, are considered invalid ratifications according to DOCUMENT 97-120, of the 97th Congress, 1st Session:

http://www.thelawthatneverwas.com/new/laws.asp

So, under this clear investigation and research into the history of the 16th Amendment- it is undisputed that the Sixteenth Amendment to the United States Constitution was fraudulently ratified by the Secretary of State and put into effect by the Internal Revenue Service in 1913.

The 16th Amendment is Unconstitutional and was never lawfully ratified by 3/4 of the State Legislatures, and therefore, the direct income tax that the government claims that we have to pay is illegal and Unconstitutional. There’s no ifs, ands, or buts- it’s not the law. You don’t have to file any income taxes.

How?

Bill Benson is living proof. He went to prison for not paying his income taxes, but when released, he still continued not to pay income taxes and when taken to court by the IRS, he used his books “The Law That Never Was Vol. 1 & Vol. 2” as his defense, and won. He continues not to file his income taxes to this day, and the IRS does not have him arrested…

More information about Bill Benson and his research on the 16th Amendment can be found on his website:

http://www.thelawthatneverwas.com/new/home.asp

""If you... examined [the Sixteenth Amendment] carefully, you would find that a sufficient amount of States never ratified that amendment."

U.S. District Court Judge- James C. Fox 2003"

http://www.zeitgeistmovie.com/

sources cited:

http://www.thelawthatneverwas.com/new/home.asp
http://en.wikipedia.org/w/index.php?title=Sixteenth_Amendment_to_the_United_States_Constitution&action=submit#The_Sixteenth_Amendment_Controversy
http://en.wikipedia.org/wiki/Article_One_(United_States_Constitution)

For a provocative documentary video with a section on the income tax, watch:

http://video.google.com/videoplay?docid=1616088001333580937&q=Freedom%20to%20Fascism