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The Importance of using Proper Context and Intent

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  • vivus_spartacus
    The Intent of the lawmaker is the paramount principle by which Judges are obligated to rule on the validity of laws. If the words of any statute or law are
    Message 1 of 1 , Jul 21, 2008
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      The Intent of the lawmaker is the paramount principle by which
      Judges are obligated to rule on the validity of laws.

      If the words of any statute or law are vague, confusing, or
      difficult to understand, Judges are obligated to check the debates
      of the members of Congress to find out what the intent was,
      pertaining to the law under consideration.

      (Perhaps this would explain the current rash of bills being passed
      in Congress without ANY debate?)

      So let's review some of the Congressional Record on 16th Amendment:

      "… it is now proposed to make up the deficit by the imposition of a
      general income tax, in the form and substance of almost exactly the
      same character as…was held by the Supreme Court to be a direct tax,
      and therefore not within the power of the Federal Government to
      impose unless apportioned among the several states according to
      population…The decision… left power to levy an excise tax, which
      accomplished he same purpose as a corporate income tax and is free
      from certain objections to the proposed income tax."
      President William Taft, in his message to Congress on June 16, 1909;
      Congressional Record pg. 3344

      (O.K. simple. Excise taxes are "indirect" taxes since they can be
      passed on to another, or otherwise be simply avoided by not
      partaking therein. e.g. One can easily avoid the federal excise tax
      on beer or alcohol by not buying such. So logically same applies
      with certain "income" activities such as "investing" in Securities
      which are regulated by the federal gov`t / S.E.C.)

      Congress had some enlightening comments pertaining to Intent:

      "… the Finance Committee… considered not only the question of tazing
      corporations,… but also the income tax…We felt…it would be
      indelicate, at least, for Congress of the United States to pass
      another measure and ask the Supreme Court to pass upon it, when they
      had already passed upon the propostition." Senator Frank Flint;
      Calif., Congressional Record pg. 3936

      "It is…a tax upon the right to do business of any kind as a
      corporation. And I should like to ask the Senator from California
      whether I have expressed the real construction and interpretation of
      the amendment as he views it." Senator Albert Cummins; Iowa,
      Congressional Record pg. 3976, June 30, 1909

      To which Senator Flint from Calif., Answers:

      "I may state…that it is an excise tax upon the privilege of doing
      business." Citation as above

      President Taft and Senator Flint above were referring to Pollock v.
      Farmers Loan & Trust

      In case Anyone erroneously considers that the "Income" Tax is
      a "Direct" Tax applied under the further erroneous presumption of
      Art. IV Sec. 3 Clause 2, is still lingering around take Note:

      Senator Norris Brown of Nebraska introduced Senate Joint Resolution
      No. 39, June 17, 1909 which stated that Congress was to have "the
      power to lay direct taxes on incomes without apportionment."

      Eleven days later Senate Joint Resolution No. 40 came out of the
      Finance Committee as an Excise Tax and the word "direct" had been

      Ordinary Citizens/Workers do Not have any granted privileges upon
      which an excise tax can be legitimately levied. Ergo, most citizens
      are exempt from the "income" tax and are simply being duped and/or

      Leviticus 19:36; Deuteronomy 25:15-16
      I John 4:6

      Or Accept what is otherwise Deserved!

      Wisdom is the principal thing; Therefore get wisdom. And in all your
      getting, Get understanding. Proverbs 4:7

      "vivus spartacus"
      All Rights Reserved
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