Our Country In Distress

Open News Letter to all Free Enterprise Society Services Members, current future and former, and all others who are interested in our Constitutional Republic:

Our Country In Distress

    The United States Senate Sessions are opened with a prayer.  I am not sure the current prayer is working, or being heard, so I suggest  the following Irish admonishment be added –

"May you have the hindsight to know where you've been,
The foresight to know where you are going,
And the insight to know when you have gone too far"

    We at Free Enterprise Society Services would like to take this opportunity to remind everyone that we still have a tough row to hoe ahead of us before we succeed in restoring our Constitutional Government.  The year 2013 is three fourths gone and we have witnessed some history making calamitous events. 

 For example, this year we watched as our Supreme Court rubber-stamped Obamacare with some of the most convoluted reasoning employed by the Court since the Roosevelt Administration, which coincidentally had an Associate Justice by the name of Owen Roberts sitting on the Court.  He was the deciding vote when it came to judicially rubber-stamping  Roosevelt’s socialistic schemes.  The Supreme Court now led by Chief Justice John G. Roberts, Jr. and supposedly the last bastion standing between the people and an executive and legislative branches gone wild, appears to have crumbled to the liberal socialists, at least for now.  Only the people can right the ship of state; because, as we have seen, the government simply will not stop this insanity.  Why should they, they are responsible for it.  And, things aren’t getting better.  As a side note, you may also wish to keep in mind that one hundred years ago, in 1913 both the income tax became the 16th Amendment and the Federal Reserve Bank came into being as enacted by law – and no one is celebrating, go figure.

    Today the liberal media, pundits, and politicians are  running amok, inventing stories and reporting outright lies in hopes to destroy the Second Amendment and a citizen’s right to keep and bear arms, despite the Supreme’s Court recent ruling that the right to keep and bear arms is an individual right, and not a right exclusive to a “well-regulated militia.”  At least not in our Constitutional republic.   Kudos to the Supreme Court on this one.  Thomas Jefferson would be proud as he proclaimed that “No freeman shall be debarred the use of arms.”  The time for a free man to Own, Keep, and Bear arms is always right and always at hand, whether it be in this century, or the next.

    The liberal media, pundits, and federal government are doing its hardest to destroy our national borders and allow anyone who wishes to come into this country illegally.  On top of that they want to make sure our immigration laws don’t interfere with the illegal immigrant scofflaws.  The liberal media, pundits and government would have us believe that it is not the fault of the illegal immigrants that they are in America illegally, but rather our fault for having laws regulating immigration and creating a legal ingress to America.  A Country’s borders and the ability to defend them are the only things which keep a country sovereign.  Without controlled borders people have no country with which they can identify.  If there is no country, there is no need for a Constitution.  And without a Constitution, there is no rule by law, there is only rule by men.  And that type of rule is known in the law of nature as survival of the strongest.  A natural tendency which good government and just laws are intended to eliminate in an intelligent society.  But alas, intelligence escapes the socialist liberals because their intent is to destroy the Constitution and the rights of the people, not uphold them as they swore to in their oath of office.

    There is so much going wrong with our country we can hardly keep track of  all the wrongs.  But the main transgression lies with our government and the elected representatives’ collective  refusal to be governed by the law of the land.  Rather, today, politicians and elected officials manipulate the law as opposed to being governed by the law.  And, while we may not understand all the reasons for the Country’s demise, instinctively, intuitively, and intellectually, the people know things are just not right, and they are not going to get better when the government is run by “gangs” instead of honest legislators and statesmen, kept in check by we, the people.  As an example let’s take a look at the federal income tax and Obamacare.  Who would have ever imagined that the IRS would have been responsible for running our  health care system?  Only in America.

The Big Lie and Obamacare

    It has been said that “People get the government they deserve.”  The quote has been attributed to Alexis de Tocqueville and Abraham Lincoln, but most likely the original quote comes from Joseph de Maistre who is noted for saying “Every country has the government it deserves.”  Regardless, of whom first coined the phrase it has more accurately developed into “We get the government we pay for.”  And do we pay, and pay and pay taxes even when there is no law which requires us to pay.  Case in point, the federal income tax.  Regardless of what the hoi polloi believe, or the lies the government, including the Courts, continue to perpetrate, the evidence and law are overwhelming – there is simply no law which makes citizens of the United States liable for the federal income tax.  It was Hitler who said “If you tell a big enough lie and tell it frequently enough, it will be believed.”   Hitler had nothing over on our government.  And if he did, our government soon picked up on his self-declared credo.  You may ask, "Okay, so what does the income tax have to do with Obamacare?"  Read on and learn the rest of the story.

    The new big lie is that Obamacare will give us health care at optimum levels never seen before.  Nothing could be further from the truth.  This Obamacare lie must be put to rest and for those who have yet to find a “good” reason to take up the fight against the illegal enforcement and collection of the income tax, the government has just given you one.  This “good” reason can be found in Obamacare.  I have been studying this law.  It is voluminous to say the least.  But, what is worse is the financial and personal impact this law will have on every individual in America.  Health care controlled by the federal  government!!  You cannot find this power delegated to the federal government in the Constitution.  And, if it isn’t a delegated power it cannot exist under the so-called “elastic” clause  or “necessary and proper” clause.  Think about the implications of this for a minute and remember George Washington’s admonishment – “Government is not reason; it is not eloquent; it is force. Like fire, it is a dangerous servant and a fearful master.”   Your government now intends on forcing health care decisions on you –   decisions made by the government, not by you and your physician!  This is clearly seen by examination of the Obamacare law.  With Obamacare in place we will truly be giving “the devil his due” unless we the people take steps to stop the government.            
                    
     By now, even the stoutest proponents of this misguided law realize the travesty of its passage.  Yet, many of them blissfully feign health insurance utopia, when they are actually in denial of there own creation.  There is, indeed, “no joy in Mudville.”  So what can the people do about Obamacare?  Plenty.  And it is easy.  Simply quit filing tax returns.  The only way the government could enforce this type of law is through the fearful power of taxation and the brutality of the tax man, and they know it.  Which is exactly what the government did.  They tied the enforcement of Obamacare (by requiring people to buy health insurance, even if they didn’t want or need it), to the income tax.  Simply, it works like this.

    If a person refuses to buy health insurance the person is penalized with a tax.  (You have to read the Supreme Court’s decision to see how this penalty is a tax, and; the tax, on the other hand, is really a penalty.  Chief Justice Robert’s opinion was quite self-serving.  It was masterful in Orwellian doublespeak.  And what is actually scary about it is he expects the people to buy his nonsense.  But then again, four other Supreme Court Justices did.   But all five of those Justices had an agenda to keep which had nothing to do with Constitutional Law.  But that is another story.)

    When you file your return there will be a place for you to show on the return that you have purchased health insurance.  Whether in the disguise of a tax deduction, tax credit, or a form requiring you to identify your health insurance carrier, you will have to provide information which shows you have purchased health insurance, or are otherwise exempt.  In any case, your income tax return will be the vehicle used to make sure you have fulfilled your duty to buy health insurance.  (And I bet you thought your tax returns were for tax purposes.)  If your return reflects you did not purchase health insurance, and you are not exempt from the requirement, a penalty/tax will be imposed on you.

    Here is the kicker.  The only way the government can collect the penalty tax, which is actually quite nominal when you consider the cost of health insurance, is to withhold part of your income tax refund, if you are due one.  The IRS cannot levy your property, wages, bank account or any asset to force payment of this penalty/tax.  The IRS cannot bring criminal charges against you for failing to pay the penalty/tax.  Simply, the only way the penalty/tax can be enforced is if one over pays the income tax through withholding and files a return for a refund.  

    Moreover, the only way the government can obtain the information that you do not have health insurance and impose the penalty/tax  is by your own confession on your tax return which you voluntarily file. THINK ABOUT THAT FOR A MINUTE!!!!   You have to inform the government to impose a penalty or tax on you for not purchasing health insurance which the law purportedly requires.  The only reason the Fifth Amendment doesn’t come into play is because you cannot be required to purchase health insurance, but you can be penalized or taxed if you don’t.  And this makes good logical sense to an intelligent person?  No it doesn’t.  But then there is no law which requires legislators to be logical or even nominally intelligent when making laws.  Remember Washington’s quote above?

    Regardless of what you hear from the “experts” and on television, there is no individual mandate to purchase health insurance, none, nada, not a one.  The Supreme Court struck that part of the Obamacare  law down as unconstitutional.  Thus, the only way the government can determine that you don’t buy health insurance is by your own admission  ON YOUR TAX RETURN.  Why would anyone do that, if they oppose Obamacare and refuse to participate?  There are so many legal and factual reasons why a citizen is not required to file an income tax return and pay federal income tax that it is mind-boggling.  And now there is another good reason why you shouldn’t.  

    Regardless of what you think about the income tax laws, and how they apply (or don’t) to you, Civil Disobedience is the cure for ridding us of the Obamacare disease.  Let’s take a look at Henry David Thoreau for a moment.  He reflected, wrote, and acted on Civil Disobedience.  After all, it is what keeps people free.  Penned by Wesley Mott is the following discourse, in quotes:

    “Henry D. Thoreau was arrested and imprisoned in Concord for one night in 1846 for nonpayment of his poll tax. This act of defiance was a protest against slavery and against the Mexican War, which Thoreau and other abolitionists regarded as a means to expand the slave territory. Individual resistance to the State has a long historical foreground, reaching back to Sophocles' play Antigone, through many episodes of religious dissent against authority, to Thoreau's friend Bronson Alcott's arrest in 1843 who also refused to pay his poll tax.”

    Thoreau was supposed to remain in jail until a fine was paid which he also declined to pay. Without his knowledge or consent, however, relatives settled the “debt” and a disgruntled Thoreau was released after only one night.  Ralph Waldo Emerson, who had befriended Thoreau,  purportedly visited Thoreau in jail and asked – “Henry, what are you doing in there?”  To which Thoreau curtly replied, “Waldo, the question is what are you doing out there?”

          “Thoreau's classic essay popularly known as "Civil Disobedience" was first published as "Resistance to Civil Government" in Aesthetic Papers (1849). Thoreau had no objection to government taxes for highways and schools, which make good neighbors. But government, he charged, is too often based on expediency, which can permit injustice in the name of public convenience. The individual, he insisted, is never obliged to surrender conscience to the majority or to the State.  If a law "is of such a nature that it requires you to be the agent of injustice to another," he declared, "then, I say, break the law." The essay makes it clear that this stance is not a matter of whim but a demanding moral principle.” (End Mott quotes)

    With this in mind it is obvious that the liberal socialistic government does not have the temerity or the willingness to admit it was wrong in enacting Obamacare.  After all, it goes against their socialistic grain and agenda.  The government doesn’t have the integrity to admit it was wrong so the only solution is to shove it down our throats whether we like it or not, as the then Speaker of the House Nancy Pelosi declared.  But we don’t have to like it, and there is something we can do about it.  Quit filing income tax returns, and quit overpaying income taxes through withholding so it cannot be used as a club against you.  We must revolt against this complete disregard and disdain our officials have for the American People and our Constitution.   If not we will be condemned to the unthinkable, but inescapable predetermined results.  As Jefferson said, “To compel a man to furnish funds for the propagation of ideas he disbelieves and abhors is sinful and tyrannical.”  

    Our Constitution and We the People have been continually offended by the acts of our government officials and it is time we stand up and let them know that we are “mad as hell and we aren’t going to take this anymore.”  Stand up and yell it out with all the force and conviction you can muster, just as Peter Finch proclaimed in the film “Network.”  And then, act on it.  Action against bad laws and bad lawmakers is the impetus behind the First Amendment and it is why we still have a semblance of freedom left in this country.  Action by “We the People,” against a spiteful, unjust government which has gone bad is why our Constitution survives.  And again we can turn to Jefferson with this thought – “Do you want to know who you are? Don't ask. Act! Action will delineate and define you.”

    It was also Thomas Jefferson who so correctly yet so ominously opined that the “The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants.”  Jefferson also reflected that “A wise and frugal Government, which shall restrain men from injuring one another, which shall leave them otherwise free to regulate their own pursuits of industry and improvement, and shall not take from the mouth of labor the bread it has earned. This is the sum of good government, and this is necessary to close the circle of our felicities.”  

    We may ask — No, we should ask, “Whatever has happened to good government in America?”   We need look no further then our own mirrors to find the answer.  Government officials have and will always attempt to circumvent and usurp their lawful authority.  That is an accepted fact our founding fathers recognized.  What is surprising is that the people will idly stand by while holding the power to stop the destruction of a good government by their elected officials.  Yet even as the people watch our corrupt officials in action they seem unwilling to take action themselves to stop this sorry state of affairs.  Who would have figured?

We at FESS hope this message finds you and yours well and that you enjoy life, prosper in your efforts, and reach your goals, whatever they may be.  Since we began with an old Irish saying, it is appropriate to leave you with one.  So remember . . . . . . . . . . .

"There are good ships,
and there are wood ships,
The ships that sail the sea.
But the best ships, are friendships,
And may they always be"


“Good Night and Good Luck!”    Shawn O’Connor

Free Enterprise Society Services
1175 Shaw Avenue #104
PMB 393
Clovis, California 93612-3932
Telephone Number (559) 298-0929
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 shawnoconnor.org                                                                                      (Google) Shawn O’Connor/Federal Farmer

News Flash

Uncertainties of the Income Tax
(Courts At War with Themselves)

by Larry Becraft, Attorney


For several years now, a variety of high public officials have openly declared that the federal income tax laws are incredibly complex and need to be either substantially revised or scrapped.   But after making such statements, these officials invariably fail to identify what  specific parts of  the tax laws suffer from this condition, choosing instead to conceal them. Are the objectionable parts of the federal tax code secretly and quietly discussed behind closed Congressional committee doors? If they are, why doesn't someone inform the American public of these deficiencies so that they may likewise participate in this debate? Is it possible that it is the major and not various minor features of the tax laws which are complex, even uncertain? Is it possible that these major features are so fundamentally flawed that they simply cannot be repaired? If so, what is the legal consequence of this complexity?

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