Recently, in my court battle with the State of Florida, the lawyer for the State argued that, although I am the sole owner of and stockholder in my company, that I was not “personally injured” when the State of Florida forcibly removed money from my company bank account. He argued that “only the company was injured and that I suffered no injury”, and the judge agreed.
Sorry, but the money they took was headed straight for my pocket so I’m pretty sure, in some circles, that would be considered a mugging. That battle is continuing and I am going to have to reconfigure some paperwork so a jury can decide that, but it made me think something this judge and lawyer may regret later.
The preamble of The Constitution Of The United States starts out “We the People of the United States, in Order to form a more perfect Union……..” So, who exactly is a “member” of the Union and who is not? Does the administration of this “Union” have any power or authority over an individual or group that is not a “member” of this Union?
The answer to the second question should be easy, NO.
Here is an example: My brother is an electrician and a member of the electricians union. They can make him, under their agreement to be a member of the union, to pay dues (taxes) to support the union and to participate in the union’s retirement plan. They could also declare that immediate family members of the members of the union “shall be entitled to all Privileges and Immunities” that the members of the union receive, but it still would not have the authority to require those immediate family members to also pay dues and participate in the retirement plan, as they are not the actual members of the union.
The first question is the real big one; who exactly is a “member” of the Union and who is not?
Once you read and understand the document, or as I like to call it “The Contract”, that formed the Union, “The Constitution Of The United States” the simple answer is The States and only The States are the members of the Union. This is important because if this is the case, The Union and the Administration of The Union, can NOT impose anything on an individual that is not a member of The Union. Only the States, under the authority of their State Constitution, can impose anything upon an individual citizen of their State. One point to note is the pure abstract and limited authorities and boundaries of The Union, is the FACT that we are the only country on the planet that does not have boundaries that are legally defined. The States are the ones with legally defined boundaries and the borders of the country are defined by the joining of the boundaries of the States when they become members of The Union. The fact is that the borders of our country have changed several times by the act of States joining and seceding from The Union.
Here is how I came to this conclusion:
- Article. VII. “done in Convention by the Unanimous Consent of the States” This is the enacting clause of The Constitution. It was done with the “Consent of the States” not the consent of “The People”.
- The signers who did so were sent by the legislatures of the States with the authority to act on behalf of The States, not The People.
- Article I Section 2. “Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers”. The direct taxation addressed is to the several States, not “The People” because it’s the States that are the members of the Union, not The People.
So I know what you are saying “What about the 16th Amendment smart guy?” Well let’s look at what the 16th Amendment ACTUALLY says: “The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration.” Does anyone see the words “direct taxes” in the 16 Amendment? Nope!
The 16th Amendment only gives Congress the power to lay and collect taxes on incomes from “Members of the Union”. It never gave Congress the authority to bypass the States and Directly tax “Citizens of the Member States” as the Citizens of the Member States are not themselves “Members of the Union”. We the People have been duped by a word game.
If Congress could actually tax people that are not actually members of the Union because this Amendment declares “from whatever source derived” then they could lay and collect taxes on people from Canada, Mexico and every place on the planet, so I demand these people start paying “THEIR FAIR SHARE!”
Now let’s continue with more supporting evidence that “The States” are the members of the Union and not “The People”:
- Article. IV. Section. 2. “The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.” First note that if “The People” were the members of the Union, this section would have no reason to be written. Second “The People” are referred to as “The Citizens of each State” further indication that The People or The Citizens are not actually members of The Union.
- Article I Section 8 declares that Congress shall have the power To “exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, Dock-Yards, and other needful Buildings”. Please note the “not exceeding ten Miles square” The Congress has no power or authority to “exercise exclusive Legislation” Outside of this ten square mile area. It only has the power and authority to exercise legislation on the Members of the Union, and only with the consent of the representatives of those members.
The last thing we are going to consider is how we elect a President.
As you know, we use a system known as the “Electoral College”. We don’t actually cast votes directly for the President. Instead we are casting votes for our “Preference” in candidates for President and those votes actually elect delegates to represent The State and its those delegates that actually cast the votes as “representatives of the State.” In addition, each State, through the legislature of that State, makes it’s own rules as to how the delegates are awarded. Some are “winner take all” and some are divided based on the percentage of votes cast for each candidate. In the end, the delegates, who are technically not bound to vote a certain way, cast the vote on behalf of the legislature of the State, not on behalf of the Citizens.
Some believe it was done this way to make it easier to count the votes for President in the days before modern electronics, but that is a false conclusion. It’s because we are a “Representative Republic”, not a Democracy and because The People are not the members of the Union, only the States. This process is a way to let their preference be known to the legislature, but the legislature is still not technically bound because The Citizens of the State are not members of the Union. This is also why changing the voting to count the popular vote of the citizens would be unconstitutional, as only members of the Union have standing in the process.
The final conclusion is this:
The People are not members of the Union, so the Administration of the Union cannot impose anything on The People. In addition, the Union was formed by The States and the Administration of the Union was created specifically to perform tasks outlined in Article I Section 8 of the Constitution of the United States.
Anything outside of these delegated powers is wholly unauthorized, but unfortunately exists because the States have taken their eye off the ball and allowed these actions to happen, partially from ignorance, but mostly from being co-conspirators with the administration of the Union, letting the Administration of the Union be the muscle to pilfer the coffers of The People and then accepting bribes and payoffs from the Administration of The Union to the legislature of the State to allow the pilfering to happen.