OPENING REMARKS by Bob Schulz
CITIZENS’ TRUTH-IN-TAXATION HEARING
Good morning ladies and gentlemen and welcome to the Citizens’ Truth-in-Taxation Hearing.
On behalf of myself and the We The People Foundation for Constitutional
Education, I extend a very
heartfelt welcome to all of you in our audience today, to the
thousands of people who are watching
theses proceedings via our live web cast and to the countless
thousands who will later be watching via
digital and taped recordings of the hearing.
We are happy to sponsor this most extraordinary educational event.
WELCOME ALL.
THE CONSTITUTION OF THE UNITED STATES OF AMERICA:
DO WE STILL RECOGNIZE IT AS THE BASIS OF OUR SYSTEM OF GOVERNMENT
IN
AMERICA, OR NOT?
DO WE STILL HAVE A CONSTITUTION THAT GUARANTEES OUR UNALIENABLE
RIGHTS AS THE SOVEREIGN CITIZENS OF A GREAT AND FREE NATION,
OR NOT?
DO WE HAVE A FEDERAL GOVERNMENT AND STATE GOVERNMENTS THAT HONOR
AND DEFEND THE FUNDAMENTAL PRINCIPLES OF EQUAL JUSTICE, DUE PROCESS
OF
LAW, THE RIGHT TO LIFE, LIBERTY AND PROPERTY --- THE PRINCIPLES
THAT
REPRESENT THE VERY FOUNDATION OF OUR CONSTITUTIONAL FORM OF
GOVERNMENT, OR NOT?
WE THE PEOPLE HAVE A RIGHT TO KNOW THE TRUTH. WE HAVE A RIGHT
TO KNOW
IF WE STILL HAVE A CONSTITUTION.
This is a copy of a message we published in the NY Times on Sunday, February 10th.
At the top of the ad we quote Alan Dershowitz, a prominent, nationally
recognized Professor of Law at
Harvard University, saying that:
We, the People of this country, have NO unalienable rights,
That all our rights are SUBJECT TO MODIFICATION,
That the Constitution of the United States of America is nothing more than a piece of paper and
That our government SHOULD NOT BE RESTRAINED
by the Constitution because our
government can do good things for people.
In effect, Mr. Dershowitz is saying that the system of governance
in America has been transformed from
a constitutional-republic to a democracy—that the government
can do whatever it wants to do for, or
TO, the people – that we are now governed by the rule of men
and their whim, rather than by a
Constitution.
It is Mr. Dershowitz’s opinion--an opinion shared by the leaders
of our major political parties, our
courts, and most of our nation’s print and broadcast media--that
those PERSONAL RIGHTS
ENUMERATED IN THE FIRST TEN AMENDMENTS TO OUR CONSTITUTION (OUR
BILL
OF RIGHTS), NO LONGER EXIST EXCEPT AT THE WHIM AND DISCRETION
OF
GOVERNMENT BUREAUCRATS AND CAREER POLITICIANS--THAT THERE IS
NO SUCH
THING AS THE RIGHT TO LIFE, LIBERTY AND PROPERTY EXCEPT BY GOVERNMENT
PERMISSION.
MR. DERSHOWITZ CONTENDS THAT ALL INDIVIDUAL RIGHTS DERIVE FROM
GOVERNMENT--THAT AS AMERICANS WE HAVE NO RIGHTFUL CLAIM TO OUR
OWN
LIVES AND TO OUR OWN PROPERTY. EVERYTHING THAT WE EARN FROM OUR
LABOR—EVERYTHING THAT WE OWN THROUGH OUR HARD WORK AND PERSONAL
SACRIFICE, WE OWE TO GOVERNMENT. CAN THIS BE TRUE? ARE WE NO
LONGER
ONE NATION UNDER GOD, WITH LIBERTY AND JUSTICE FOR ALL. DO WE
SERVE OUR
GOVERNMENT--OR DOES OUR GOVERNMENT SERVE US. THE AMERICAN PEOPLE
HAVE A RIGHT TO KNOW THE TRUTH.
Mr. Dershowitz made this assertion that our Constitution is merely
a piece of paper---that we Americans
have no God-given, unalienable rights---during a televised debate
with Alan Keyes at Franklin and
Marshall College, in September 2000.
This is a video tape of the debate as broadcast by C-Span.
Before the New York Times agreed to run our ad on February 10th,
their lawyers wanted proof that
Mr. Dershowitz actually said those things about our rights and
the constitution.
I had to agree to play the video tape, while holding a telephone
near the television, so the Times’ lawyer
could hear Mr. Dersowitz speaking those words. The times evidently
expected a significant public
reaction to our ad—and specifically to Mr. Dershowitz’s statements.
I too, expected a significant reaction to Mr. Dershowitz’s comments,
and to our message in the February
10th NY Times ad.
I expected outrage from those individuals and institutions well
known for their eloquent rhetoric in
defense of our Constitution and our unalienable rights as Americans
citizens. Such organizations as the
Cato Institute, The Heritage Foundation, The Future of Freedom
Foundation, The Libertarian Party, the
Reform Party, the Constitution Party—even Jesse Ventura.
I expected a resounding denunciation of Mr. Dershowitz’s statements
by the so-called champions of
liberty in our government--people like Ron Paul, Bob Barr, and
congressional members of the Liberty
Caucus. I expected to hear loud protests from the few patriotic
members of our print and broadcast
media like the Washington Times.
I was certain that religious leaders across the country would
passionately object to Mr. Dershowitz’s
claim that Americans have no unalienable or constitutionally
guaranteed right to religious expression
without government approval. I expected patriotic attorneys and
business people from every corner of
our great nation to stand in protest of Mr. Dershowitz’s contention
that our constitution is merely a piece
of paper.
I hoped, and believed that after reading the NY Times ad, American
men and women from every walk
of life would loudly reject Mr. Dershowitz’a claim that government
should be given absolute control and
supreme authority over our lives.
But I was wrong. We heard from no one.
No voice was raised in public in defense of our unalienable rights
or the original meaning of our
Constitution.
We heard nothing from our elected officials, from mainstream journalists,
from prominent constitutional
lawyers, from religious or academic leaders, or from Washington
think tanks.
So what are we, the People, to make of this?
Has the Constitution really become a dead letter?
Has our sacred Bill of Rights been destroyed by an arrogant, out-of-control
and unaccountable
government that has no respect for the precious liberties of
every American citizen. Do we the People no
longer have the right, or the power, to establish boundaries
around the authority of our federal
government?
We The People had better take notice.
When government takes one step outside the boundaries drawn around
its power, it takes possession of
a boundless field of authority, no longer capable of definition.
There is a word for rulers unrestrained by law or constitutions --for usurpers of the people’s sovereignty.
That word is “Tyrant.”
There is a word for a system of government in which the rulers have unlimited power.
That word is “Despotism.”
Government is the enemy of freedom. Unrestrained government is
not the benefactor of the people. As
Amercians, we democratically elect our political representatives.
But America is not a Democracy.
Democracy is mob-rule.
In a Democracy, 51% of the voting population can deny 49% of their
fellow citizens their unalienable
rights to life, liberty and property. I ask you to think about
it. Is that what our founders intended for us
when they wrote the Declaration of Independence, the Constitution
and Bill of Rights over 200 years
ago?
In a Constitutional Republic, such as we have in America, EVERY
one of our citizens---regardless of his
or her race, religion, political influence, social status, or
economic station in life---has unalienable,
constitutionally protected rights that cannot be lawfully abridged
by a power hungry government. And it is
those Americans who are most vulnerable to the abuses of democratic
mob-rule and government tyranny
who are most protected by our Constitutional Republican form
of government.
We would do well to remember those occasions in modern history
when democratically elected
governments have violated their citizen’s most basic rights to
life, liberty and property because a
MAJORITY of the population found it acceptable. In America, there
are only two things that stand
between the people and government tyranny---those are our Constitution
and our will as a free people to
protect and defend it.
IN AMERICA, THE RIGHT TO PETITION OUR GOVERNMENT FOR REDRESS OF
GRIEVANCES IS THE BASIS OF OUR LIBERTY. OUR FOUNDERS EXPLICITLY
RECOGNIZED THIS RIGHT IN THE FIRST AMENDMENT TO OUR CONSTITUTION—FOR
THEY UNDERSTOOD THAT WITHOUT IT, WE COULD NOT HAVE A SERVANT
GOVERNMENT WHOSE POWER IS DEFINED AND LIMITED BY THE CONSENT
OF THE
PEOPLE.
In America, the right to petition our government for a redress
of grievances is an unalienable right—it
derives from our faith in a supreme being—an ultimate moral authority
from whom we gain our
understanding of equality, justice and the rule of law. Implicit
in our first amendment constitutional right to
petition our government for a redress of grievances, is the government’s
absolute moral and legal
obligation to respond honestly and completely to the people’s
petition.
This is the essential cornerstone of Popular Sovereignty – A government
of the People, by the People,
FOR the People.
One of the earliest recorded guarantees of the people’s right
to petition the King for redress of
grievances is found in chapter 61 of the Magna Carta, written
of 1215. Over time, Parliament came to
claim the right to dictate the form of the King’s reply.
By 1669, Parliament resolved that every commoner in England possessed
“the inherent right to prepare
and present petitions” to it “in case of grievance,” and that
Parliament had “to receive the same” and to
judge whether they were “fit” to be received.
In 1689, Chapter 5 of the English Bill of Rights asserted the
right of the subjects to petition the King and
“all prosecutions for such petitioning to be illegal.” In other
words, human liberty had evolved to the point
where the government’s customary practice of using a person’s
Petition for Redress as grounds for more
persecution and abuse was firmly challenged on moral and legal
grounds—it was no longer generally
accepted that a persons rights and freedoms came from the king---but
ultimately derived from a much
higher authority
It came to pass that a free people understood that, in practical
effect, they had no rights—they were not
really free--unless their right to Petition the government and
government’s obligation to respond was
guaranteed in writing.
In 1776, as the concept of guaranteeing liberty through written
constitutions evolved, the right to petition
became the primary right of the People populating the states.
That guarantee was expressed up front in
the Constitutions of the Republics of New York State, Virginia,
and the other State Republics as they
came along.
In 1791, the right to petition became the primary right of the
People of the United States of America,
expressed in the First Amendment to the federal Constitution.
Some would now have us believe that our First Amendment right
of petition is nothing more than a
guarantee of free speech. That this vital constitutional protection—the
very basis of our liberty---is simply
a right to voice our grievances to the government. Some would
try to convince us that We The People
do not have the absolute right to an honest and complete response
to our petition---or the authority to
demand that our government correct the abuses and violations
of our liberties that resulted in our petition.
What nonsense! This is dangerous talk to a free people. We must
not listen to those who would
denigrate our constitution, and undermine the principles of liberty
and justice that gave birth to our nation.
At best they are imbeciles, and at worst they are tyrants -- or “sharing bedrooms” with tyrants.
We must steel ourselves to this nonsense. We must harden our hearts
to these false notions that
government is God. Government has but one legitimate purpose---to
serve and protect all of the people
equally. Government is not God. It is our servant. It is accountable
to We The People.
The RIGHT to Petition for Redress of Grievances is the final protection
– the final, check and balance in
our system of Constitutional government in which the government
derives its limited powers from the
consent of the sovereign people.
This is the right which publicly reveals and reiterates for all, who is Master and who is Servant
If our RIGHT to Petition has truly become void of substance, we can ask no more than to see the truth.
THIS HEARING IS ABOUT TRUTH. THIS HEARING IS ABOUT FACTS. WE ARE
HERE TO
PROTECT AND DEFEND THE TRUTHS THAT WE HOLD TO BE SELF-EVIDENT.
THIS
HEARING IS ABOUT THE FUTURE OF OUR NATION----ONE NATION, UNDER
GOD,
INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL.
This hearing is about the “LAW” and it is about what we have allowed
our “GOVERNMENT” to
become.
But even more importantly, this hearing is about US---“WE THE
PEOPLE”. Who we are and Who we
want to be. What kind of country do we want to leave to our children
and future generations of
Americans.
Over the next two days, you will hear the facts. You will see the law. You will be able to judge the truth.
You will see how our government has crafted and perpetuated the
largest illusion and fraud ever
witnessed on planet Earth. You will learn the truth about a powerful
central government that hates and
fears personal freedom and individual responsibility, and sees
popular sovereignty as a threat to its
complete authority and control over our lives. We will prove
conclusively that the United States federal
government---like a thief in the night---has subtly, over many
years, stripped the American people of our
liberty, our property, and in many cases, our very lives in order
to protect and perpetuate a fraudulent,
debt-based money system---and the life-blood of that system---the
horribly unjust and unconstitutional
personal income tax.
As you observe these truths being unveiled, consider how WE as a PEOPLE have let this happen.
Consider the role that each of us as citizens has played as unwitting
participants and silent conspirators as
our leaders have slowly, and unlawfully seized the rights of
the People.
Soon the truth will be known to all.
The day quickly approaches when we will be forced to act on these
truths. If we fail to act, we will lose
forever this chapter in human history when We The People reigned
sovereign, and our government was
bound by the chains of a written constitution.
INCOME TAX: THE MOST PERNICIOUS FORM OF TYRANNY
The most pernicious form of tyranny is that which disguises itself as a benefactor to its victims.
Most people believe that the income tax system is legal and that
the revenue from the tax is used in the
public interest.
However, there is a substantial, conclusive body of evidence that
proves that our income tax system
represents the most pernicious form of tyranny:
It is the greatest hoax ever perpetrated by government against the working men and women of America.
It is unconstitutional in its origin, and abusive in every aspect of its operation.
It uses intimidation, threat and coercion to deprive us of our lawfully acquired property.
It resorts to morally reprehensible conduct in a persistent effort
to divide the American people and
promote envy, greed and irresponsible behavior in our society.
The unlawful and unjust income tax system produces nothing but
sorrow, distress and calamity and
division in our society.
It has been imposed on an unsuspecting people through deceptive
and fraudulent means –outside of
constitutional restraints;
Our income tax holds people in servitude as the chattel of others.
It forces the people to labor to pay off
a never ending and always growing national debt to a cartel of
private banks.
The income tax is enforced as though payment was compulsory when, in fact, it is voluntary.
For decades, a growing number of attorneys, CPAs, retired judges,
former and present IRS officers,
educators, experienced researchers, former and present congressmen,
legislators, successful
businesspeople and scores of ordinary, nonaligned citizens have
been providing a substantial amount of
extremely credible evidence that since 1913 the Judiciary has
been cooperating with the Executive and
Legislative branches in a collective attempt to deny the People
their constitutionally protected rights and
to deprive the People of a significant percentage of the fruits
of their labor by unlawfully enforcing the
IRS Code -- a code that has no basis in law -- no legal authority.
The evidence supports the now WIDELY HELD belief that:
It was no coincidence that the Federal Reserve System----a PRIVATELY
OWNED banking cartel that
is not controlled, or even audited by our government----and the
income tax were both imposed on the
American people in 1913.
The Federal Reserve System and the Internal Revenue Service were
both created by the 16th
Amendment to the United States Constitution. We will prove at
this hearing that the 16th Amendment is
a fraud. That it was not lawfully ratified by ¾ of the
States in 1913. And that as creations of the 16th
Amendment, the Federal Reserve System and the IRS are not legitimate,
constitutional operations of our
government.
The Federal Reserve System and the income tax are inextricably
linked. The income tax was instituted to
provide lender security and guaranteed profits to this highly
secretive, privately owned and unaccountable
central banking system that has obtained absolute control over
our country and the federal government.
You will learn at this hearing that most of the revenue generated
from the income tax is not used to run
the government but is collected by the private Federal Reserve
System as interest on the national
debt---money that this corrupt money system creates out of thin
air, and then loans to the federal
government—in a fraudulent scheme that has kept the American
people is a state of perpetual debt to
these private bankers for three quarters of a century.
Since 1933, the privately owned Federal Reserve system has been
granted the unconstitutional power to
fabricate money out of thin air, charge interest to the government
for the use of the Fed’s fabricated
money and to receive taxes to pay that interest, paid with the
American people’s labor. Today, the
average American family pays more in taxes than it does for housing,
food and clothing combined.
Is there any question that indentured servitude is alive and well in America?
By the end of this hearing you will KNOW that American citizens
are compelled by the government to
perform labor in order to pay off the government’s debt to the
PRIVATE banking cartel---and that most
Americans are in a condition of continual, economic slavery to
the federal government and the privately
owned Federal Reserve System (in violation of our rights guaranteed
by the 13th Amendment).
The evidence will also show that our system of income tax collection
has led to widespread and
unjustifiable abuse of the People’s unalienable due process rights.
Among the significant wrongs
committed by our government to perpetuate this fraud include:
The unlawful indictment, prosecution and imprisonment of law-abiding
Citizens who dare question the
government’s legal authority to collect this tax.
The unlawful seizures of property, wages, bank accounts --- all
without court orders or proper warrants
to satisfy supposed tax debts that, in fact, have no basis in
law
The pervasive and systemic denial of due process rights and other
constitutional protections in the daily
administrative operations of the IRS
The collusion of the Courts in perpetuating the unlawful tax system
by their failure to directly rule on
proper legal challenges to our laws and the tacit approval of
legal abuse by DOJ and the IRS against the
People
A system of tax regulations and legal definitions so complex and
ambiguous that it conveniently defies
comprehension and successful legal challenges.
PETITION FOR REDRESS REGARDING THE INCOME TAX
People like Joseph R. Banister, William Benson, William Conklin,
Irwin Schiff, Nick Jesson, Joe Farah,
Larry Becraft, Jeff Dickstein and scores of other credentialed
professionals have for years, been
researching the issues and petitioning the government for a Redress
of Grievances regarding the
apparently fraudulent jurisdiction of the Internal Revenue Service
and the illegal operations of the nation’s
income tax system.
In response, the government has been using those petitions as
grounds for abuse, sanctions, persecution,
prosecution and incarceration.
IRS special agent Joe Banister completed his 95-page research
report in February of 1999, and
submitted it to his superiors in the San Jose office of the IRS
with a respectful request that it be passed
up the chain of command to the IRS Commissioner. Joe was merely
asking for a response to his
conclusions that there is no statute compelling citizens to file
and pay income or social security taxes and
that the 16th Amendment was not legally ratified.
Instead of responding to the evidence and conclusions, Mr. Banister's superiors forced Joe to resign.
Attorneys Becraft and Dickstein have been sanctioned by the courts
for raising questions about the
validity of the income tax system
Researchers Benson, Schiff and others have been incarcerated because
they asked the government to
show them the law that gives the government the constitutional
and statutory authority to impose an
income tax on the people.
Scores of well-intentioned citizens have researched the issues
and attempted to raise their questions
about the legal authority of the IRS. They have acted professionally
and respectfully. Nonetheless, they
too have been persecuted for not worshiping and paying homage
to the nation’s new ruler – its federal
monetary system.
A growing number of people have become familiar with the facts
contained in these research reports and
now believe that the IRS has no legal authority to force employers
to withhold the tax from the
paychecks of their employees and no legal authority to force
most citizens to file an income tax return or
to pay an income tax.
Yet, a growing number of people are losing their homes, going
to prison and otherwise being subjected
to financial penalties and emotional stress for either falling
behind on their payments or legitimately
deciding that they do not have to pay.
The Executive, Legislative and the Judicial branches of our government
continue to enforce the income
tax law which they KNOW, without doubt, is unconstitutional and
totally repugnant to our founding
principles.
Obviously, the current situation cannot be allowed to continue.
The People need to get to the truth of the
matter.
In 1999, the We The People Foundation for Constitutional Education
became aware of the issues being
raised about the income tax system, and the government’s reprehensible
behavior.
We sponsored a symposium at the National Press Club here in Washington
on July 1st and 2nd, 1999.
We selected the National Press Club for three reasons:
The symposium would be closer to the headquarters of the IRS and
other offices of the Executive, to the
Congress and to the Supreme Court, thereby facilitating and maximizing
the potential of their participation
in the symposium.
Washington is the media capital of the world and this issue needed
media attention. The implications of
the conclusions of the research by Messrs. Banister, Benson and
Conklin, et al., are profound and of
enormous national and international interest.
Dozens of national policy research "think tanks" are located in
the greater Washington area --
organizations that have a need to know about the potential of
a near-term demise of the federal income
and social security taxes. The facts, conclusions and methodology
of the research by Messrs. Banister,
Benson, Conklin, and others, would be of intense interest to
them.
The symposium would be closer to the House of Representatives
and the Senate, thereby making it
possible for members of Congress to hear the "accusers" and the
administration’s response to the
allegations, and to offer their comments, particularly with respect
to alternatives.
We respectfully requested the duly elected heads of the Executive
and Legislative branches to identify the
people with the best legal minds to argue against the conclusions
of the tax researchers and have those
people participate in the symposium.
More specifically, we requested that their representatives provide
certain definite evidence on the above
points, including: (1) documentation that the 16th Amendment
was properly and legally ratified; (2) a
copy of any law that compels citizens to file and pay federal
income and social security taxes; and (3) an
official, clear, and unambiguous explanation as to how one can
file a federal income tax return without
waiving one’s 5th Amendment rights.
The government did not acknowledge receipt of the invitations.
However, the symposium was covered
by C-SPAN.
Joseph R. Banister, William Benson, William Conklin and Larry
Becraft presented the results of their
research in support of three key conclusions they had reached:
1. The 16th Amendment has, in fact, not been approved by ¾ of the State Legislatures,
2. There is no federal statute that requires individual citizens
of the 50 states to file and pay a federal
income tax or a federal social security tax.
3. That by filing a federal income tax form 1040, American citizens
waive their 5th Amendment rights.
We are now in a Constitutional Crisis.
TODAY’S TRUTH-IN-TAXATION HEARING
The hearing today is but another step in the People’s determination
to get to the truth regarding the
fraudulent jurisdiction of the Federal Reserve System and the
Internal Revenue Service and the illegal
operations of the nation’s income tax system.
Our purpose today is to have expert witnesses answer, under oath,
various questions about the legal
authority of the IRS to force employers to withhold any income
tax from the paychecks of their
employees and the legal authority of the IRS to force most American
citizens to file a tax return and to
pay the income tax.
Our objective is to establish a factual record, to be used by
the People as justification for their future
actions to eliminate this unlawful system of taxation in our
country.
We had hoped to have hostile witness from the DOJ and the IRS.
However, they ARROGANTLY
REFUSED to appear before We The People to answer the questions.
So, instead we will have our witnesses answer the questions the
government witnesses chose not to
answer.
The witnesses are credible, educated experts who have first hand
knowledge of the abuses the American
people are suffering at the hand of our government. Our expert
witnesses are attorneys, CPAs,
professional tax researchers and ex-IRS agents.
The questions have all been prepared as statements of fact, to be admitted or denied, with evidence.
The main agenda for the inquiry is as follows:
(agenda overview)
We also would appreciate your continued attention to remaining
respectful of the proceedings and to the
schedule.
IN CLOSING,
The American People deserve – have a RIGHT – to a government that
operates within the bounds of the
law as defined by our Constitution.
The American People deserve – have a RIGHT – to a tax system that
does not violate the Peoples’
unalienable rights to life, liberty and property.
The American People deserve – have a RIGHT – to a tax system that is Constitutional.
The American People deserve – have a RIGHT – to be ANSWERED by our government:
Show us the law.
Show us your authority.
Show us where we are liable for this tax.
Answer our questions.
The government has been invited repeatedly to confront this research.
At each turn, they have run from the truth.
Today, the evidence is brought before the People for their judgment.
We hope you enjoy learning the REAL details of our tax laws and
how the “system” REALLY works
behind the “curtain”.
We hope you consider the broad implications for our Nation as each line of inquiry fully unfolds.
We trust you will find the evidence startling, compelling, disturbing and irrefutable.
We further hope you consider what these truths mean to each of
you as peaceful and law-abiding
Citizens.
We hope you spread news of this crisis across our Nation, share
this evidence with your friends and
countrymen and join us in our demand to restore the order of
Constitutional law to our nation.
At the end of our second day of testimony, I will outline additional
steps that this Foundation will now
undertake to secure our freedoms and our Republic once again.
We pray you search your hearts and your souls to find the strength,
courage and commitment to learn the
facts, judge the truth and join us in this righteous and necessary
cause.
Thank you.
Bob Schulz, Chairman
We The People Foundation for Constitutional Education, Inc.
Note: These comments were presented at the Opening of the Citizens'
Truth-In-Taxation Hearing.
Washington D.C., February 27-28, 2002
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