The Law

The Law, The Money and = Your=20 Choice -- OR -- The Constitutionally Legal Internal = Revenue=20 System and how you volunteered=20

(Note from LB: This Treatise is written so to make it = understandable as=20 possible for the average person. Law is not an easy thing to read. = It is=20 something that anyone will have to read several times ... each = time we=20 read it something new jumps off the pages. I have noticed on your = website=20 you have the Bill of Rights. The original Bill of Rights has only = ten, and=20 this what we use to return back to the Republic. If people want to = save=20 their property it has to be defended in a state court where you = live. Yes,=20 the government will definitely try to get it in the federal court, = but you=20 have to get it removed from the federal court and back to the = state court,=20 but your status must be right. Enjoy.)

July 23, 2003

By Lee Brobst

RD1, Box 213F

Hesston, PA 16647

814-658-3117

eagleeye@pennswoods.net=20

Compiled, Arranged and Edited by A.F. Beddoe

Ever since the founding of America, as a constitutional = republic,=20 patriotic citizens of all walks of life have been increasingly = concerned=20 about the erosion of our constitutional guarantees and why this = erosion=20 has and still is happening. However, the continued pooling of = ignorance of=20 patriot commentators arguing over proper form, while overlooking = vital=20 constitutional substantive common law facts, has led to a thousand = and one=20 procedures and ways being promulgated through the internet and = seminars,=20 as solutions to the rampant and tyrannical legislative and = judicial=20 activism known as =93public policy.=94 Now, for the first time, = from Lee=20 Brobst=92s lifetime of experience and legal research, here = revealed, is the=20 actual substantive cause that moved the American citizen away from = literal=20 constitutional common law guarantees into the relative = constitutional=20 franchises and privileges established by Congress=92 =93spirit=94 = and =93true=20 meaning=94 interpretation of the constitution. This document = addresses what=20 the real substance of the law is and how its loss and conversion = into many=20 forms has effectively created an unincorporated interstate banking = association. This association, which the American people have = unknowingly=20 volunteered for, has changed the absolute substantive = constitutional=20 rights under the common law into relative privileges and forms. = These=20 privileges and forms, called civil rights and procedures of codes = and=20 statutes reflect only the legislatures=92 interpretation as to the = true=20 meaning and spirit of the constitution. Read, be aware and be = wise! =96=20 Editor A.F. Beddoe

The =93United States of America,=94 more typically referred to = as the=20 =93Union of states=94 began their existence under a charter known = as the=20 Articles of Confederation, which came before the Constitution.

The Articles of Confederation created states under the common = law, but=20 created an ineffective federal government. Under the Articles of=20 Confederation1 Congress could not punish any infraction of the law = of=20 nations.

The Law of Nations (also called International Law) is the law = that=20 determines the rights and regulates the commercial intercourse of=20 nations.

The Articles of Confederation did not address or incorporate = this =93law=20 of nations,=94 vital for merchants to settle contract disputes = outside the=20 Union of states.

Even though the Articles of Confederation were unsatisfactory = for=20 forming a strong and proper Union of states (United States of = America),=20 our founding fathers would never have been able to have a = constitution=20 without them.

Incorporating the law of nations was, therefore, a vital=20 stepping-stone2 to creating an effective Constitution.

When the master charter, =93The Constitution for the United = States,=94 was=20 drawn up, the Articles of Confederation were incorporated3 into = the=20 Constitution, by reference, under Article VI clause 1.

The =93Union of states=94 began their new and strong union = under the master=20 charter, known as our Constitution. The Constitution incorporates4 = the=20 states into this Union through the provision of its Article IV = Section 3=20 clause 1, and therefore, by reference, the Union of states is also = incorporated under the Articles of Confederation.

At the same time the Constitution announces, in Article IV = Section 3=20 clause 2, the powers of Congress over their other property = unincorporated5=20 (not incorporated) jurisdiction, it also announces the = jurisdiction of the=20 Union of states under Article IV Section 3 clause 1.

Thus, we have the first designation of two kinds of territorial = jurisdictions.

The first has to do with the incorporated Union of states, = addressed in=20 Article IV Section 3 clause 1, also known as =93the territory,=946 = that=20 functions within the strict letter of the Constitution.

The second jurisdiction, referred to as other property, in = Article IV=20 Section 3 clause 2 is known as =93a territory,=94 7 remains = unincorporated, or=20 not included, in the Union of states. Therefore, =93a territory=94 = or other=20 property is subject only to the =93spirit=94 of the first ten = amendments to=20 the Bill of Rights as interpreted by Congress as they administer = unto that=20 other property outside the strict letter of guarantees of the = Constitution=20 and Bill of Rights. The Constitutional guarantees are reserved for = the=20 Union of states and the people under the Bill of Rights. In other = words,=20 there are two jurisdictions available to exist in.

Living fully in one means that the people have full = responsibility for=20 their own actions protected by the Bill of Rights in its absolute = and=20 literal form. Here the federal government has no direct contact = with the=20 people whatsoever.

Living fully within the =93other=94 means that the people have = only the=20 rights dictated as Congress=92 wishes in overseeing their civil = rights,=20 which are only relative to or in the =93spirit=94 of the Bill of = Rights. Here=20 is where the federal government has full and direct contact with = the=20 people, as they see fit, for the benefit of public policy = regulations=20 (known as codes & statutes) of this jurisdiction.

From the founding of the United States of America, and before = the=20 passing of House Joint Resolution 1928 on June 5, 1933 eliminating = gold-backed money, the American money system had a =93Standard=94 = of value=20 based on the Coinage Act of 1792 authorized and incorporated under = the=20 common law principles of the Constitution. This is because the = basic=20 common law principle on which our Constitution was founded = demanded that=20 all debt must be paid as found in Article I Section 10. In fact, = Article I=20 Section 10 is the only place in the Constitution where demand for=20 =93Payment=94 is made. Therefore, before June 5, 1933 public = policy demanded=20 =93Payment of Debts=94 and all payments were based on the public = money=20 =93national Standard,=94 herein after called =93Standard.=94 This = means that=20 public policy then was also based on the =93Standard=94 -- that = =93Standard=94=20 contained the literal letter of the law of the Constitution. 9

You see, for something to be =93paid=94 means that a promise = has been=20 fulfilled -- a contract completed. Before modern supermarkets and=20 department stores, the primary way of obtaining a needed item or = material=20 was by barter. If one needed a sack of salt, they went to the = person who=20 had the salt and would trade something they possessed of equal = value for=20 the salt.

Because gold and silver have, from the beginning of time, been = very=20 highly prized as a medium of exchange, our founding fathers knew = it was=20 the only medium that could maintain and assure the =93Payment of = debts=94 in=20 all trade or commerce10 under the constitution. Thus, our = Constitution=20 states under Article I Section 10, =93No State shall =85 make any = Thing but=20 gold and silver Coin a Tender in Payment of Debts.=94 So, if one = was to use=20 gold or silver coin as a medium of exchange, then one could use = the gold=20 or silver coin to trade for the salt in the example above.

This barter / trade was based on a verbal meeting of the minds=20 (agreement) between the person that had the salt for barter (sale) = and the=20 person who had gold / silver, or some other item of value, to = trade or=20 exchange for salt. When the exchange of equal value for value took = place=20 the agreement (contract) was paid (fulfilled, complete). That is, = the=20 contract was made and paid (fulfilled) at the same moment between = two=20 parties. There was no debt after the barter (sale / contract) was=20 completed between two parties. There was nothing left owing by = either=20 party after the transaction. Substance had been bartered for equal = substance -- value for value. There was no third party = intervener11 as=20 there is today. This is because there was no way for the federal=20 government to have jurisdiction over a primary state citizen = unless that=20 citizen was to enter into a bilateral contract with the federal=20 government. And even then, there was literal 10th Amendment12 = protection=20 for the citizen in the bilateral contract, because public policy, = dictated=20 by the substance of the common law, was still demanding the = payment of=20 debt. Then, the governmental power could come under Article I in = rem and=20 not the public policy of diversity13 operating quasi in rem that = we see=20 today under HJR 192, 12 U.S.C. Section 95a, 15 U.S.C. Chapter 41 = Section=20 1602 and Article IV Section 3 clause 2.

At the founding of the Constitution, all disputes between = persons in=20 commerce usually had to do with unfulfilled or unpaid agreements = or=20 contracts, therefore the law of contracts in the Constitution was = founded=20 on the common law necessity of all contracts being fulfilled or = paid when=20 made. Without a medium of exchange containing a predictable and = measured=20 substance, no agreement or contract could be properly or = completely paid.=20 If unpaid, the law of contracts was unfulfilled, incomplete or = lacking,=20 because there was no contract without payment. The substance (gold = or=20 silver coin) of the common law, that dictated that all contracts = must be=20 paid in order to exist was not exchanged, therefore, a contract = did not=20 exist. Contracts are considered to exist only when they are = paid.14 It was=20 because of these vital principles that contracts can only be made = / paid=20 via a medium of exchange that contains the =93Standard=94 = substance (or law=20 substance), that our founding fathers wrote Article 1 Section 10 = to=20 guarantee a consistent, unchanging weight and fineness to our = =93gold and=20 silver coin=94 money as well as the law that follows it.

Have you ever heard the _expression, =93the law of the = land?=9415 This=20 _expression was first used in the Magna Charta and meant the = common law of=20 England, in opposition to the civil or Roman law. And according to = Black=92s=20 Law Dictionary, =93The meaning is that every citizen shall hold = his life,=20 liberty, property, and immunities under the protection of general = rules=20 which govern society.=94 In America the basis of all law that = governs our=20 society is our national Constitution with its common law = principles -- at=20 least that was what our founding fathers intended.

But what has changed since then? Well, the substance of =93the = law of the=20 land=94 has been removed. Yes, on June 5, 1933 congress enacted = House Joint=20 Resolution 192 that removed the hard mineral substance known as = gold, also=20 referred to as =93portable land,=94 from giving consistent, = predictable and=20 exact value to our money. Silver was demonetized as =93payment=94 = of debt in=20 1862 when Congress changed the silver standard from one dollar in = silver=20 to the silver dollar. Since then silver is considered a commodity = and was=20 finally withdrawn from circulation in 1964. Silver certificates = were=20 withdrawn in 1972.

The hard precious metal substances known as gold and silver, = used in=20 coins, comes from the earth. It is literally portable or movable = substance=20 from or of the land (law). Land and law go hand in hand, because = in times=20 past only those that owned the land had access to the portable law = substance (gold and silver) that was found in the land. Likewise, = those=20 that owned or controlled the land made, produced or brought forth = the law=20 =93Standard=94 of gold and silver.

Despite HJR 192, Congress cannot override the state governments = incorporated powers under Article I Section 10 of the = Constitution.=20 Despite current public policy, Congress cannot override an = American=92s=20 right to maintain a private policy under the common law principles = as they=20 are expressed in the first ten amendments to the Bill of Rights of = the=20 Constitution. However, because the gold is the =93Standard=94 = substance of the=20 law, and law follows the =93Standard=94 substance of money, when = Congress,=20 acting under public policy, suspended the =93Standard=94 gold = substance in=20 =93Payment=94 of debt, a shift away from the common law transpired = by what is=20 called =93operation of law.=9416 The shift occurred because = everyone was given=20 a quasi-corporate privilege under HJR 192 of NOT paying their = debts even=20 though it is demanded under the common law of each state in the = Union=20 according to Article I Section 10 of the Constitution.

A corporate privilege or franchise has two distinct aspects to = it.=20 First, there is perpetual succession (which can exist independent = and=20 beyond the demise of any current directors) and second, there is = limited=20 liability for the payment of debt. This means, that similar to=20 corporations, HJR 192 offered individual Americans an artificial=20 connection to and relationship with the federal government outside = the=20 literal common law of the constitution for the purpose of = =93social=20 security.=9417 However, unlike corporations, this artificial = connection and=20 relationship was not under any corporate charter, federal or = state, as=20 addressed specifically under Article I Section 8 clauses 1 & 3 = being=20 one of the government=92s general powers. Rather, this = relationship is=20 controlled under Article IV Section 3 clause 2, because there is = no=20 physical federal or state charter issued to regulate this = relationship.=20 This connection or confederacy developed under HJR 192 is an = affiliation=20 known better as an association. Associations,18 according to = Black=92s Law=20 Dictionary (revised 4th), are =93[a]n unincorporated society; a = body of=20 persons united and acting together without a charter, but upon the = methods=20 and forms used by incorporated bodies for the prosecution of some = common=20 enterprise. =85, but will not include the state.=94 And the = =93common=20 enterprise=94 of this unincorporated society, is to offer all = Americans a=20 so-called =93privilege,=94 in the form of what is better known as = a =93quasi=20 contract,=9419 to participate in commerce without =93Payment of = debts=94 for=20 =93social security=94 purposes. Moreover, this unincorporated = society is=20 outside the literal common law principle that demands the = =93Payment of=20 debts=94 as stated in Article I Section 10, but it is allowed, = upheld and=20 protected by Article I Section 10 that upholds =93Obligation of = Contracts,=94=20 Yes, the people=92s right to participate in this federated = unincorporated=20 society by operation of law is contractually protected by the=20 Constitution. That is to say, each person has the right to = domicile=20 themselves in a state of the Union under Article IV Section 3 = clause 1,=20 thus to contract under Article I Section 10 despite the fact that = you=20 cannot =93Pay=94 your debts. In other words, Congress cannot = compel you to=20 participate in a federal interstate unincorporated banking = association=20 under Article IV Section 3 clause 2 and HJR 192 for the NON = payment of=20 debts. The choice of law is up to each person still.

Corporations are artificial creations of the state or federal=20 government under physical charter (franchise) issued via state or = federal=20 civil law for commercial regulation under Article I Section 8 = clauses 1=20 & 3. They are not under the literal common law because of the = charter=20 (franchise). Any legal action against the corporation is legally = called an=20 =93in rem=94 action, because it is against the thing or property = (also called=20 res) of the corporation under charter. The courts have automatic = subject=20 matter jurisdiction, because the physical charter is the subject=20 matter.

On the other hand, under HJR 192,20 there is no physical = charter issued=20 by the government out of a state or federal secretaries=92 of = state office=20 that defines the federated association=92s duties, = responsibilities, its=20 officers, etc. This results in a federated association that is a = quasi21=20 in rem unincorporated debtor=92s society. The law treats this = association as=20 an outlaw entity, to the letter of the common law for the Payment = of Debt.=20 The courts then proceed, to uphold contract law under diversity, = to=20 establish the association=92s guide lines by invoking their equity = powers=20 based on the =93spirit=94 of the constitution. They will form a = charitable=20 trust to commercially regulate the association, because it is = presumed=20 that is what the group intended as there is no charter of = incorporation.=20 Under the letter of the constitutional law there is no commercial=20 regulation, but HJR 192 along with 15 USC brought in a third = party22 for=20 commercial regulation for the social security public policy. = Remember,=20 =93equity compels performance.=94 The law views unincorporated = associations as=20 a danger to the substance of the common law, because of their debt = /=20 credit system. This is because there is no counter balance to the = demands=20 the association puts on the substance of the earth, thus the = reason for=20 all the federal and state regulatory agencies.23

In other words, there is a presumption by implication in the = civil law=20 that a charter (a metaphysical / abstract / unreal type) exists, = because=20 persons are availing themselves (volunteering) of the privileges=20 pertaining to HJR 192. Therefore, these persons come under a = =91quasi in=20 rem=9224 jurisdiction of the civil law in order to regulate, = control=20 (including compel) those that are outside the literal common law=20 principles. Yes, as long as the individual remains silent, it is = presumed=20 that they have volunteered for the non-payment of debt privilege = under HJR=20 192, 12 U.S.C. Section 95a and 15 U.S.C. Chapter 41 Section = 1602(c)(d)(e).=20 As such they are considered as a debtor/creditor in a social = security=20 association (unchartered, unincorporated commune) whereby each = person=20 insures everybody else in the association by agreeing never to = demand=20 payment for debt. Under this volunteer arrangement, these persons = become=20 primarily a U.S. citizen, secondarily a state citizen, =93subject = to=94 clause=20 1 of the 14th Amendment,25 while the literal 10th Amendment rights = are=20 forfeited. Moreover, because this unincorporated social security = (debtor)=20 association has participants from each state, it forms an = unincorporated=20 federation (better known as federalism) of state associations = under=20 interstate commerce as addressed in Article IV Section 3 clause 2 = and=20 reinforced by Erie Railroad v. Tompkins, 304 U.S. 64. This is how = the=20 Federal Government (and state governments) under =93federalism=94 = can compel=20 you to perform to the civil (Roman) law known as statutes (state = or=20 federal).

Here is the answer to why the IRS continues to say that income = taxes=20 are voluntary and yet Americans don=92t know how they volunteered. = HJR 192=20 literally placed before the American citizen a choice of law = between=20 operating under the literal common law principles of the = constitution or=20 the private Roman civil law functioning under federal social = security=20 =93spirit and true meaning of the Constitution.=94 26 27 That is = to say, there=20 are two jurisdictions available for the American people to choose = from.=20 The first jurisdiction exists within the Union of states expressed = under=20 Article IV Section 3 clause 1 where the literal letter of the = Constitution=20 and its first 10 Amendments function to protect Americans from the = public=20 policy of federalism. The second jurisdiction is set up through = Americans=20 voluntarily accepting only the =93spirit=94 (which is referred to = as the =93true=20 meaning=94 as interpreted by Congress) of the Constitution via = social=20 security privileges and immunities under the implied or quasi = contract in=20 federalism for the non payment of debt administered by Congress as = public=20 policy of the other property jurisdiction of Article IV Section 3 = clause=20 2. Those who have volunteered for the privileges and immunities of = the=20 federal social debt security of the unincorporated interstate = banking=20 associations for the non payment of debt, have no access to = protection of=20 the strict letter of the Constitution under the first ten = amendments to=20 the Bill of Rights, especially the 10th Amendment. (See the = attached=20 diagram to assist your understanding.)

Before HJR 192 existed, the Federal Government could not have = any=20 implied contact with Americans. They could only have an actual = contact=20 through a two party (bilateral) contract. Americans were presumed = to be=20 under Article IV Section 3 clause 128 as primary state citizens. = After HJR=20 192, the voluntary unincorporated federal social debt security=20 association, known as federalism, was formed under Article IV = Section 3=20 clause 229 supported by 15 U.S.C. Chapter 41 Section 1602 = (c)(d)(e) and 12=20 U.S.C. Section 95a becoming the new =93public policy.=94 That is, = implied=20 contracts30 (see also quasi contract at footnote 19) under = federalism have=20 become business as usual -- i.e., public policy. By you = volunteering to go=20 along with HJR 192, there is a presumption you are primarily a = U.S.=20 citizen under Section 1 clause 1 & 2 of the 14th Amendment = with=20 =93privileges or immunities.=94 Going along with HJR 192 means, = you do not=20 have the literal letter of the Constitution with the Bill of = Rights=20 working in your behalf. Because you have volunteered into the = social debt=20 security unincorporated association of federalism, the courts,31 = under=20 conflict of law (diversity) principles, look at your =93life, = liberty, and=20 property=94 as relative, not actual. Your =93life, liberty, and = property=94 are=20 converted to =93privileges or immunities=94 and =93civil = rights.=94 As a debtor,=20 there is no absolute literal property ownership -- only a = privilege of=20 possession.32 Instead of the literal constitutional law protecting = you,=20 you are only afforded the =93spirit=94 of the constitution as = interpreted by=20 the courts (judicial activism) and statutes. In other words, the = court=20 places the statute in front of the constitution and interprets the = statute=20 and never interprets the Constitution.33 The statute was made by = congress=20 with the Constitution in mind, thus the statute is the =93spirit = and true=20 meaning=94 of the Constitution as interpreted by Congress as it = administers=20 its other property under Article IV Section 3 clause 2.

Yes, under HJR 192 the Americans have volunteered to give up = their=20 land, because they have forfeited the =93Substance=94 of the land = for the=20 convenience of a federal commercial social debt security system, = via the=20 jurisdiction of =93a territorial=94 (=93inchoate=94 or incomplete) = state (other=20 property) or governmental subdivision promoting an unincorporated=20 interstate banking association to defer payment of debt. This is = what the=20 milestone decision of Erie R.R. v. Tompkins, 304 U.S. 64 (1938)34 = is all=20 about. Erie states, the law that applies is the law of the state. = This=20 =93law of the state=94 means the law of =93a territorial=94 state = or governmental=20 subdivision operating under Article IV Section 3 clause 2. = Therefore, this=20 volunteer debt/credit system has made the literal constitutional = common=20 law of the state into a feudal common law (private Roman civil = law) under=20 federalism by operating under Article IV Section 3 clause 2.

Internal Revenue taxes of today are not unconstitutional or = illegal as=20 so many =93patriot=94 groups are declaring. They basically serve = as dues for=20 the privilege of participating in the federated unincorporated = interstate=20 banking association for the non-"Payment of debts.=94 To = understand this, it=20 is necessary to understand what the Supreme Court said regarding = the 16th=20 Amendment -- known as the Income Tax Amendment. By the way, this = has=20 nothing to do with whether it was properly ratified or not.

The key Supreme Court case that reveals this truth is known as = the=20 Brushaber v. Union Pacific Railroad, 240 U.S. 1, decided in 1916. = This was=20 decided three years after the 16th Amendment was allegedly passed = and two=20 years after the Federal Reserve Act was passed.

The Court in the Brushaber case noted:

[T]he whole purpose of the [16th] Amendment was to relieve all = income=20 taxes when imposed from apportionment from a consideration of the = source=20 whence the income was derived. Indeed, in the light of the history = which=20 we have given and of the decision in the [Pollock v. Farmer Loan = &=20 Trust, 156 U.S. 429 (1895)], and the ground upon which the ruling = in that=20 case was based, there is no escape from the conclusion that the = Amendment=20 was drawn for the purpose of doing away for the future with the = principle=20 upon which the Pollock Case was decided; that is, of determining = whether a=20 tax on income was direct not by a consideration of the burden = placed on=20 the taxed income upon which it directly operated, but by taking = into view=20 the burden which resulted on the property from which the income = was=20 derived, since in express terms the Amendment provides that income = taxes,=20 from whatever source the income may be derived, shall not be = subject to=20 the regulation of apportionment [Italic emphasis added].

The Pollock case that the Brushaber Court referred to, was = decided at=20 the time the United States still had the National =93Standard=94 = money in=20 =93Payment of Debts.=94 That =93Standard=94 money in =93Payment of = Debts=94 was the=20 very substance (gold & silver) of the Common Law that came = from the=20 land and was owned by the people. In other words, the federal = Government=20 was trying to put a direct tax, without required apportionment = among the=20 states, on income derived from the substance of the Common Law of = the=20 states, and the Supreme Court properly declared that = unconstitutional. The=20 Court was saying that the federal Government could not turn an = untaxable=20 constitutional right into a taxable privilege within the common = law. The=20 federal Government could not collect a direct tax on income unless = done=20 thru the states by apportionment, because income taxes were direct = taxes=20 and =93paid=94 in the =93Standard=94 substance of the land in hard = coin (gold=20 & silver) of the Common Law of the State to the U.S. Treasury. = The=20 federal Government cannot collect a direct tax from individual = sovereigns,=20 because there is no federal common law. The common law is at the = Union of=20 states level, because common law contract rights are all launched = or begin=20 at the state level. (See Wheaton v. Peters, 8 Pet (U.S.) 658 L.Ed. = 1055=20 (1834)).

It must be kept in mind, at the time Pollock was decided in = 1895 that=20 there was no commercial paper money under the Federal Reserve = System.=20 There was only our National =93Standard=94 money. Therefore, the = Pollock Court=20 correctly stated that taxes on real estate or rents or income of = real=20 estate were direct taxes. Also, that taxes on personal property or = income=20 derived from personal property were also direct taxes.

In 1916, the Brushaber Court determined that Brushaber=92s = income was=20 derived, not from the substance of the land of the Common Law, but = from=20 the profit and gain from stocks and bonds through the use of = commercial=20 paper issued by Union Pacific, a private corporation. That = commercial=20 paper, in the form of stocks and bonds, was NOT =93Standard=94 = Lawful money or=20 legal tender of the United States in =93payment=94 of a debt, but = only a=20 =93discharge=94 of an obligation via a privilege under the civil = law.=20 Therefore, the income from this commercial =93discharge=94 = privilege was=20 subject to an indirect or excise tax, which was proper under the=20 Constitution (the same with income from stocks and bonds = today).

The Pollock Court, as a test to determine whether a tax is = direct or=20 indirect, namely:

The question whether it is a direct or an indirect tax cannot = depend=20 upon those special events which may vary in particular cases, but = the best=20 general rule is to look to the time of payment; and if at the time = the=20 ultimate incidence is uncertain, then, as it appears to their = lordships,=20 it cannot, in this view, be called direct taxation within the = meaning of=20 the second section of the ninety-second clause of the act in = question.=20 Attorney General v. Reed, 10 App. Cas. 141, quoted in Pollock v. = Farmers=92=20 Loan & Trust Co., 157 U.S. 601, 632 (1895) as the test to be = applied=20 for determining whether a tax is direct or indirect. [Bold = emphasis=20 added]

For further understanding, we must consider once again HJR 192. = Since=20 the inception of HJR 192, it has been against public policy to = demand=20 =93Payment of Debts -- instead, as you now know, debts are only = being=20 =93discharged=9435 with the use of the commercial paper of the = Federal=20 Reserve, i.e., Federal Reserve Notes (FRNs), a.k.a. our paper = money. This=20 discharge process means in fact and in law, that at the time of = =93payment =85=20 the ultimate incidence is uncertain=94 and, therefore, all federal = taxes=20 being collected are indirect or excise taxes which are within the = =93spirit=20 and true meaning=94 of the Constitution as interpreted by Congress = for those=20 that have volunteered via diversity for the unincorporated = interstate=20 banking association operating under other property of Article IV = Section 3=20 clause 2. Moreover, whether you have volunteered unwittingly or by = conscious choice, there are steps you can begin to take for = remedy. See=20 page 21 paragraph 2.

In addition, since HJR 192 has made gold and silver into a = commodity=20 also, no matter how much you have of it or attempt to pay with it, = you=20 still cannot =93pay=94 an obligation with it, but can only = =93discharge=94 an=20 obligation with it just as the use of Federal Reserve Notes and = other=20 commercial paper can do.

In reality therefore, federal taxes are simply a gift tax36 = (excise) on=20 a privilege to pass on the gift of not paying, but rather in only=20 =93discharging=94 debt for the public policy of social security = via a=20 unincorporated interstate banking association.

Pursuant to its constitutional authority, Congress has defined = =93gross=20 income=94 as income =93from whatever source derived.=94 Including = =93[I]ncome from=20 discharge of indebtedness.=94 26 U.S.C. 61 (12). This Court has = recognized=20 that =93income=94 may be realized by a variety of indirect means. = In Old=20 Colony Trust Co. v. Commissioner, 279 U.S. 716, (1929), the Court = held=20 that payment of an employee=92s income taxes by an employer = constituted=20 income to the employee. Speaking for the Court, Chief Justice Taft = concluded that, =93[t]he payment of the tax by the employe[r] was = in=20 consideration of the services rendered by the employee and was a = gain=20 derived by the employee from his labor.=94 Id., at 729. The Court = made clear=20 that the substance, not the form, of the agreed transaction = controls. =93The=20 discharge by a third person of an obligation to him is equivalent = to=20 receipt by the person taxed.=94

When a gift is made, the gift tax liability falls on the donor = under 26=20 U.S.C. 2502(d). When a donor makes a gift to a donee, the donor = incurs a=20 "debt" to the United States for the amount of the gift tax. = =93Although=20 intent is relevant in determining whether a gift has been made, = subjective=20 intent has not characteristically been a factor in determining = whether an=20 individual has realized income.=94 Diedrich v. Commissioner, 457 = U.S. 191=20 [Bold italics emphasis added]

In other words, the above quote reveals that, because the = association=20 never demands payment, those participating never demand the law = (portable=20 land known as gold) and the land it comes from. The participants = simply=20 gift it on to the association and are taxed on the value that they = are=20 privileged to pass on through this discharge.

The above quote demonstrates the consequences of signing a W4. = When you=20 sign a W4 form or have an employer withhold any thing from your = wages, it=20 becomes taxable income to you. The moment you sign any W-4 forms = in the=20 past or present, or have any kind of withholding with your = employer, you=20 admit that the debt exists, then the IRS enters into the picture = as a=20 third party. The problem is, there is nothing that says you owe = the debt,=20 other than HJR 192, and it only states that it is against public = policy to=20 demand payment. Because of this situation, the government presumes = you=20 intended to give a gift, so the government sets up a charitable = trust.=20 When someone gives a gift, the charitable thing to do, is give a = gift in=20 return, thus the social security trust (unincorporated = association) is=20 born. Under federal law, when you make a gift, you have to fill = out the=20 forms (1040) and pay the taxes on that gift.37 Signing those = government=20 forms becomes a third party recognizance38 or Charitable = Subscription Debt=20 Acknowledgement, where there is no judgment or record (nul tiel = record39)=20 that the debt is owed. =93A charitable subscription or pledge is = binding=20 without proof that the promise of the subscription or pledge = induced=20 action or forbearance or was supported by consideration.=94 - = Salsbury v.=20 Northwestern Bell Telephone Co., 221 N.W.2d 609 (1978).

In other words, a pledge is compelled performance in = equity.

Because of HJR 192 discharging all debt, the minute you touch = an=20 evidence of debt you are considered as having created taxable = income. But,=20 it is only prima facie evidence of income. Article I Section 10, = Amendment=20 10 and Article IV Section 3 clause 1 are there for those who do = not want=20 or choose to be a part of the unincorporated interstate banking=20 association.

Again, whether the 16th Amendment was properly ratified is = irrelevant=20 and frivolous. In addition, whether amendments to the constitution = are=20 properly ratified, is a political question (See Coleman v. Miller, = 307=20 U.S. 433). The 16th Amendment cannot be properly ratified pursuant = to the=20 Constitution, because the amendment represents the civil law. And = since=20 the introduction of the Federal Reserve Act in 1914, the 16th = Amendment no=20 longer applies. Your compelled performance now comes through the = 14th=20 Amendment, and Article IV Section 3 clause 2.

Also, all arguments that statutory provisions are unenacted by=20 Congress, or unpromulgated in the Federal Register with no = published=20 implementing regulations or authority in the CFR are meaningless. = They are=20 meaningless since these provisions pertain to entities that have = federal=20 franchises issued under the authority of the Government under = Article I=20 and do not pertain to local law under the unincorporated = association=20 (called public policy) of Article IV Section 3 clause 2. Any cases = involving the unincorporated association (social security = federalism)=20 under Article IV Section 3 clause 2, the courts base their = decisions on=20 public policy. Public policy is not law per se, it is whatever the = social=20 security association (commune) under Article IV Section 3 clause 2 = wants.=20 The judge, in such a case, wears the hat of a private Roman = officer and=20 acts accordingly. In other words, the judge constructs a trust. = First and=20 foremost the social security trust must be dismantled before you = attack=20 any other segment of the tax structure. Unless this is done the = fight=20 becomes hopeless. The judge will take judicial notice of whatever = law=20 forum he desires in order to fit the situation (=93spirit and true = meaning=94)=20 at hand, because the Constitution, with its=92 separation of = powers, is not=20 literally applicable to either the government or a citizen = participating=20 in the unincorporated interstate banking association. The court is = merely=20 enforcing the citizens contract rights under Article I Section = 10.

So how did you volunteer or contract for the compelled = performance of=20 the unincorporated interstate banking association? 1) If you have = given a=20 gift to the public policy association such as a W-4 Withholding = form. 2)=20 If you deal in the debt/credit of the banks by sending personal = checks=20 interstate and/or using credit cards. In other words, if you avail = yourself of the benefits of the unincorporated interstate banking=20 association, you are guilty by association with this = association.

However, the good news is that your right to contract under = Article I=20 Section 10 is still very much alive. This means that you cannot be = compelled to volunteer or perform in equity in lieu of = =93Payment=94 at law if=20 you are NOT a member of the unincorporated interstate banking = association=20 that is deferring payment of debt. =93Payment=94 at law deals with = absolute=20 property rights, as does Section 1 clause 3 of the 14th Amendment. = If you=20 are a member (by volunteering knowingly or unknowingly) of the=20 unincorporated interstate banking association, you are subject to = Section=20 1 clauses 1 and 2 of the 14th Amendment, which treats = =93discharge=94 as=20 payment in equity, because there is no constitutional injunction = of=20 =93payment=94 at the federal level. There is only an injunction at = the state=20 level under Article I Section 10. Thus, even though the debt is=20 =93discharged,=94 clause 3 of Section 1 of the 14th Amendment, = along with the=20 9th and 10th Amendments, mandates that the states, referred to in = Article=20 IV Section 3 clause 1, treat real property as being owned = absolutely for=20 those who have NO 14th Amendment =93privileges or immunities=94 = resulting from=20 the unincorporated interstate banking association. That is to say, = anyone=20 who has not reached in to take advantage of the =93privileges or = immunities=94=20 of the unincorporated association, called federalism, has no = contact or=20 relationship with the state or federal government and, therefore, = all=20 property ownership is absolute.

In addition, when you are not involved with the =93privileges = or=20 immunities=94 (referred to in the 14th Amendment) of the = unincorporated=20 interstate banking association, the =93full faith and credit=94 = clause of=20 Article IV Section 1 is in your favor. This means, any court = decision of=20 any other state can be used as if it were a court decision of your = state=20 with the same full legal force and effect, because you not subject = to the=20 U.S. citizenship restrictions of the 14th Amendment, when you are = not=20 participating in the =93privileges or immunities.=94 If you are = not subject to=20 =93privileges or immunities=94 of the 14th Amendment, you have not = volunteered=20 for =93a territory=94 communal unincorporated interstate banking = association=20 of federalism (termed in most state statutes as =93this state=94), = thus there=20 is no residual of the debt left over, as noted in Stanek v. White, = 172=20 Minn. 390, 215 N.W. 784, to compel performance to that = association.

There is a distinction between a =93debt discharged=94 and a = =93debt=20 paid.=94

When discharged the debt still exists though divested of its = character=20 as a legal obligation during the operation of the discharge. = Something of=20 the original vitality of the debt continues to exist which may be=20 transferred, even though the transferee takes it subject to its = disability=20 incident to the discharge. The fact that it carries something that = may be=20 a consideration for a new promise to pay, so as to make an = otherwise=20 worthless promise a legal obligation, makes it the subject of = transfer by=20 assignment.

And how can this be? There is a very important principle, = alluded to=20 earlier, that was stated in Digest 44. 7. 21, which was relied = upon in=20 court, for instance, in the 1792 case of Armour v. Campbell, M. = 4476 and=20 it states: Where he made the contract. But it is deemed to be = contracted=20 not where it was entered into, but where payment is due [contract=20 performed].

So, if there was no payment, how can there be a contract to = compel one=20 to performance? There isn=92t one, because the contract is based = totally on=20 volunteering -- as in giving a gift. Remember, the basic premise = of the=20 Constitution is that all powers emanate from you the individual. = You=20 cannot be compelled to perform in equity unless you volunteer to = perform=20 in the equity of the =93spirit and true meaning=94 of the = Constitution under=20 the unincorporated association through the use of interstate = banking and=20 credit cards and submitting W-4 and 1040s.

When you volunteer to use the interstate banking association in = commerce, you agree to never demand payment. The fact that you = cannot pay=20 debt, does not compel you to be a slave to the interstate banking=20 association. You cannot be compelled to perform in equity in lieu = of=20 =93Payment=94 at law if you are NOT a member of an unincorporated = banking=20 association. If you do not pay debt, there is only a debt / = creditor=20 relationship and, therefore, no contract under Article IV Section = 3 clause=20 2. Also, where there is no payment of debt there is no common law = as=20 expressed under Article IV Section 3 clause 1 and Article 1 = Section 10,=20 there is only equity,40 and equity compels performance under = Article IV=20 Section 3 clause 2 while Article 1 Section 10 does not apply.

Remember, it is about contract and you do have free will to = contract.=20 So where do you want to function? Under the =93spirit=94 of the = constitution,=20 as determined by Congress=92 and the courts=92 interpretation, so = acting=20 because of diversity? Or do you want to be living as a true = sovereign=20 under the literal letter of the Constitution and the first ten = amendments=20 to the Bill of Rights?

As noted in Munn v. Illinois, 94 U.S. 113 the Court said: This = brings=20 us to inquire as to the principles upon which this power of = regulation=20 rests, in order that we may determine what is within and what = without its=20 operative effect. Looking, then, to the common law, from whence = came the=20 right which the Constitution protects, we find that when private = property=20 is =91affected with a public interest, it ceases to be juris = privati only=92.=20 =85 Property does become clothed with a public interest when used = in a=20 manner to make it of public consequence, and affect the community = at=20 large. When, therefore, one devotes his property to a use in which = the=20 public has an interest, he, in effect, grants to the public an = interest in=20 that use and must submit to be controlled by the public for the = common=20 good, to the extent of interest he has thus created. He may = withdraw his=20 grant by discontinuing the use; but, so long as he maintains the = use, he=20 must submit to the control.=94

By participating in the gifting of discharge of debt via the = interstate=20 banking association, you have devoted your property, under = contract, =93to a=20 use in which the public has an interest.=94 In other words, your = life,=20 liberty and property have =93become clothed with a public = interest,=94 because=20 of voluntary contract, therefore, you must =93submit to be = controlled by the=20 public for the common good.=94 That is to say, public policy and = judicial=20 discretion in the =93spirit=94 of the constitution only control -- = no=20 guarantees.

How does one become sovereign? Get rid of your credit cards. = Only use a=20 bank for depositing checks and keeping track of your money under a = non=20 interest-bearing account. Never send or allow your personal checks = to go=20 interstate. Use postal money orders or your banks corporate = certified=20 checks or corporate money orders for sending interstate payments. = Sever=20 the contract by commencing an action in the state court and = disclaim=20 clauses 1 & 2 of Section 1 to the 14th Amendment; 15 U.S.C; = Article IV=20 Section 3 clause 2. The state court is the only place you have the = common=20 law option of obtaining jurisdiction41 without the use of a = statute or=20 Roman civil law. You fight the IRS in state court using federal = law. You=20 should never be in federal court unless in the Supreme Court. If = defending=20 in a federal court action, you must challenge service of process = and=20 subject matter jurisdiction. And simply remember this, HJR 192 is = only=20 prima facie evidence of the law. To overcome it you invoke your = right to=20 contract under Article I Section=20 10.