From: Anonymous <anon@anon.efga.org>
Date: Mon, 3 Nov 1997 20:08:20 +0800
To: cypherpunks@cyberpass.net
Subject: Re: Forwarded mail...
Message-ID: <1d429080fd14348402d587992a55f441@anon.efga.org>
MIME-Version: 1.0
Content-Type: text/plain



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Jim Choate wrote:
>> Fortunately some of these "good" lawyers already exist at the Institute for 
>> Justice.  Basically, they are a libertarian version of the ACLU.  They've 
>> accomplished some good things and deserve the support (read $$$) of 
>> freedom-minded individuals everywhere.  (note: I'm not connected with them
>> in any way; just letting the cypherpunk community know about an organization
>> in sync with our views)
>> 
>>  "If you seek a courtroom champion for individual liberty, free market
>>   solutions, and limited government, look only as far as the Institute
>>   for Justice.  When politicians pass sweepingly intrusive laws and
>>   bureaucrats build their empires of paperwork and power, only the
>>   Institute for Justice brings them to account in court."
>>   -- http://www.InstituteforJustice.org/
>
>Thanks, I'll check them out as I am unaware of their position.

I should add that they haven't done anything in the field of cryptographic 
or technology issues, but have focused most of their efforts on protecting 
small entrepreneurs from overly zealous government agencies, particularly on 
the local level.  One item I found of particular interest was a report they 
published in July 1996 about the restrictive barriers New York City has 
erected to prevent entrepreneurship (i.e., expensive/restrictive licensing 
fees, tough penalties for doing business without the required permits, 
etc.).  An earlier post on this list referred to NYC as a cesspool of 
socialism.  There is truth to this statement.  Socialist politicians tend 
to punish those who help themselves, all for the public good of course.

[snip] 
>> Bill Benson has done some extensive research (his book is called The Law 
>> That Never Was) regarding the 16th Amendment (the so-called Income Tax 
>> Amendment) and how it was ratified.  According to the information he has 
>> uncovered through exhaustive research in D.C. and all of the state capitals 
>> of the then 48 states, the 16th Amendment was never ratified by 3/4ths of 
>> the states. (see http://www.trustclarks.com/theman.html for more info)
>> 
>> Friends of mine have spoken to Mr. Benson about this, and he says that the 
>> courts won't touch it with a ten foot pole.  He even sells a package (or at 
>> least he was selling it back in 1995) of legal information about the 
>> non-ratification of the 16th that can be used as a defense in an income tax 
>> case.  According to Mr. Benson (in 1995), each of the cases was dropped when 
>> the defense made it clear they were going to argue their defense based on 
>> this point.
>> 
>> I understand that folks in the "patriot" movement have tried to take this to 
>> the Supreme Court without success.  The Court refused to hear it.
>> 
>> Assuming Mr. Benson's research is accurate and legitimate, the 16th didn't 
>> even come close to being ratified and is truly a Law That Never Was.  Think 
>> about that next April 15th...the IRS's "lawful" authority is based upon a
>> legal fiction.  That's why it's called >voluntary< compliance.
>
>Actualy, his research is one of the reasons that I am so interested in an
>actual lawsuit.
>
>What if somebody were to go for several years with no contact at all with
>the IRS, and no intention of making contact. Then when approached that
>person makes enough noise to guarantee that they will be going to court.

Funny you should mention this.  A few folks have this very intention. :-)

>What would it then take to bush-whack the beggars? What is the absolute last
>point that your defence must be revealed prior to your presenting your case
>to the jury? 

I'm not following the wording of this last question.  Could you clarify?

>             The reason I use the first person is because to me it seems
>critical that no lawyer is actualy used in the defence. As I understand it,
>and I ain't no lawyer, there are some actions that a defendent may do if
>representing themselves that lawyers are prohibited from doing. Among them
>is stating the obvious fact, if the jurors don't believe the law is just
>they may refuse to find for that reason. If the Constitution and the actual
>record of votes in concert with the general feeling of excess regarding this
>matter doesn't prove the case, what will?

That's exactly the point.  And that, I believe, is why the Supreme Court --
or any court for that matter -- will not go near this issue.  It is the
pivotal point that would collapse the whole house of cards that is the
Income Tax.  The feds have a huge vested interest in keeping the system
going as long as they can (Y2K bugs and all) and this issue is a
veritable hornets' nest.

Nerthus

p.s.  For those of you keeping tabs on nyms, this is the last time I will
include my public key in the body of my email.

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