Friday, August 12, 2011

Voluminous Codes Eroding the Delicate Balance Between Liberty and Social Order

Liberty is defined as the freedom from arbitrary or despotic government or control. In other words, liberty does not imply the absence of rules and consequence of breaking those rules, only the absence of arbritrary and/or despotic rule. At the other end of the spectrum is social order, or the absence of anarchy, which one could say is of equal importance. The United States of America, it is said, is one of the first nations in history to create a form of government that, as much as possible, harmoniously balances liberty and social order.

As we emerge from the first decade of the twenty-first century, the rules preserving rights and liberties have increasingly been sacrificed in the name of "national security", primarily by lawmakers who have created an ambiguous, incoherent web of laws, leaving the average citizen in the dark.

Take the income tax, which can be traced back to 1862, when President Lincoln and Congress created the office of Commissioner of Internal Revenue and enacted an income tax to pay war expenses. It was passed as an emergency and temporary war-time tax, and in 1894, the Supreme Court declared it unconstitional. That is until the 16th amendment exempted income taxes from the constitutional requirements regarding direct taxes, after income taxes on rents, dividends, and interest were ruled to be direct taxes in Pollock v. Farmers' Loan & Trust Co. (1895). And in 1913 the very first IRS 1040 form was created, and since that point, the IRS code has morphed into an exceedingly convoluted, complex and oppressive creature.

One might ask, “Why can’t the tax laws be more simple?” Well, not only because  of government’s insatiable desire for revenue, but also because Congress uses the tax laws for reasons other than that for which they were intended. The same is true for our legal system, in general.  Our constitutional rights, if we really ever had them to begin with, have essentially been eviscerated by code. What can we do about it? On an individual basis, not much.

The real world determination of legal or "lawful" arguments lie with the immune judges, and prosecutors. Not only can they enforce the law, they can do so with impunity.

In 1976, the Supreme Court decided, in a case called Imbler v. Pachtman, that prosecutors have absolute immunity from civil rights lawsuits for their work in the courtroom. The court acknowledged that its ruling “does leave the genuinely wronged defendant without civil redress against a prosecutor whose malicious or dishonest action deprives him of liberty,” but said the alternative was worse: leaving prosecutors to fear a lawsuit, or even bankruptcy, every time they lose a trial..

Insofar as income tax, code section 6011 and code section 6012 require citizens to file.  Constitutional? No, but go ahead and try to fight it.

The IRS can bring any action in the courts of the United States. There is an entire section of the Internal Revenue code that creates jurisdiction for the IRS to bring a lawsuit. For example, a section 7403 action, which allows the IRS to file a lawsuit against any delinquent taxpayer in a situation where the IRS wants to seize the property of that taxpayer. Although, the IRS is not allowed to seize the home of a taxpayer through the administrative process, the IRS can seek an order from a judge who allows the IRS to seize the property

It will be of little avail to the people, that the laws are made by men of their own choice, if the laws be so voluminous that they cannot be read, or so incoherent that they cannot be understood; if they be repealed or revised before they are promulgated, or undergo such incessant changes that no man, who knows what the law is to-day, can guess what it will be to-morrow. Law is defined to be a rule of action; but how can that be a rule, which is little known, and less fixed? -- James Madison
A Monument of Deficient Wisdom:
The IRS is an agency of the government of the United States; however, it has no respect for the constitution. The courts of the US have enforced the Internal Revenue code to the detriment of the constitution There is nothing morally or constitutionally correct about our current tax law. But, can they as a practical real life matter, enforce it? Yes, they can.

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