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Are you a US citizen?

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  • Mel Furtado
    Are you a US citizen? Are you, therefore, subject to the jurisdiction of... the federal mafia... etc...? Not according to Am Jur, American Jurisprudence, at
    Message 1 of 20 , Oct 27, 2005
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      Are you a US citizen?
      Are you, therefore, subject to the jurisdiction of... the federal mafia... etc...?
       
      Not according to Am Jur,  American Jurisprudence, at least not unless you were born on federal property!
       
      3C Am Jur 2d Section 2689:  Who is born in the United States and subject to United States jurisdiction
      A person is born subject to the jurisdiction of the United States, for purposes of acquiring citizenship at birth, if his or her birth occurs in territory over which the United States is sovereign,..."
       
       
       
      It can't be any more factual, any more foundationally and historically, soundly defined... 
       
      There was no US citizenship before the 14th amendment.  Yet today, too busy believing there are benefits to see the actual cost, the people generally believe themselves to be such (a US citizen).  And until there is a distinction between a "US citizen subject to the jurisdiction...", and a US citizen who IS NOT,  I believe that the government considers ANYONE who swears to being a US citizen has forfeited their sovereignty, as the United States is the sovereign over ALL of its citizens. 
       
      Comments?
      Mel
    • Kelly Roe
      This is absolutely correct. The IRS for example belives they are not required to prove jurisdiction and we are all citizens of the United States per the 14th
      Message 2 of 20 , Oct 27, 2005
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        This is absolutely correct. The IRS for example belives they are not required to prove jurisdiction and we are all citizens of the United States per the 14th Amendment (straight out of the horses ass - I mean mouth). They also believe that "common sense" dictates that the words "United States" in common usage refers to the 50 states, it obviously stands true that every legal usage of the term "United States" clearly means every scrap of land from sea to shining sea. They also appear to believe per the 14th that we owe our alligance and forfeited our sovereignty at birth. Obviously this was not the case prior to the 14th, but they believe that the 14th made us all in effect slaves from birth who have no right to question their "created" government. However, now they believe they created us.

        I am certain the founding fathers are spinning in their graves.

        ----- Original Message -----
        From: Mel Furtado
        To: legality-of-income-tax-unmoderated@yahoogroups.com ; tips_and_tricks@yahoogroups.com
        Sent: Thursday, October 27, 2005 10:22 AM
        Subject: [tips_and_tricks] Are you a US citizen?


        Are you a US citizen?
        Are you, therefore, subject to the jurisdiction of... the federal mafia... etc...?

        Not according to Am Jur, American Jurisprudence, at least not unless you were born on federal property!

        3C Am Jur 2d Section 2689: Who is born in the United States and subject to United States jurisdiction
        A person is born subject to the jurisdiction of the United States, for purposes of acquiring citizenship at birth, if his or her birth occurs in territory over which the United States is sovereign,..."
      • Attorney Douglas Palaschak
        It is spelled out in the 14th amendment: Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens
        Message 3 of 20 , Oct 28, 2005
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          It is spelled out in the 14th amendment:
          Section 1. All persons born or naturalized in the United States,
          and subject to the jurisdiction thereof, are citizens of the United
          States and of the state wherein they reside.

          --- In tips_and_tricks@yahoogroups.com, "Kelly Roe" <kellyroe@h...> wrote:
        • Jah Red
          that is if you except that the 14th amendment was properly ratified, which it wasn t.. the Supreme court has never ruled as to the validity of the ratification
          Message 4 of 20 , Oct 28, 2005
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            that is if you except that the 14th amendment was properly ratified,
            which it wasn't..

            the Supreme court has never ruled as to the validity of the
            ratification of the 14th...

            i suggest you read:
            Congressional Record.
            Senate, 84th Con. 1st Session., Vol. 101, pp. 7119 to 7124;
            Senate, 86th Con., 2nd Session., Vol. 106, pp. 4036 to 4038;
            Senate, 89th Con., 1st Session., Vol. III, pp. 10669 to 10671.


            this may point out the unconstitutionality of the 14th Amendment

            http://www.barefootsworld.net/14uncon.html


            --- In tips_and_tricks@yahoogroups.com, "Attorney Douglas Palaschak"
            <lawyerdude1989@y...> wrote:
            >
            > It is spelled out in the 14th amendment:
            > Section 1. All persons born or naturalized in the United States,
            > and subject to the jurisdiction thereof, are citizens of the United
            > States and of the state wherein they reside.
            >
            > --- In tips_and_tricks@yahoogroups.com, "Kelly Roe" <kellyroe@h...>
            wrote:
            >
          • Michae Lee
            Of course, the devil is ALWAYS in the details. As most are aware the Supremes have concluded that there are at least 3 definitions for the TERM United States.
            Message 5 of 20 , Oct 28, 2005
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              Of course, the devil is ALWAYS in the details. As most
              are aware the Supremes have concluded that there are
              at least 3 definitions for the TERM United States.
              Depends on which one you're talking about I guess,
              right?


              --- Attorney Douglas Palaschak
              <lawyerdude1989@...> wrote:

              > It is spelled out in the 14th amendment:
              > Section 1. All persons born or naturalized in the
              > United States,
              > and subject to the jurisdiction thereof, are
              > citizens of the United
              > States and of the state wherein they reside.
              >
              > --- In tips_and_tricks@yahoogroups.com, "Kelly Roe"
              > <kellyroe@h...> wrote:
              >
              >
              >
              >
              >
              >
              >





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            • Kelly Roe
              Yes, and if you believe that citizens applies to everyone than we were made slaves with the passage of the 14th and have no right to complain about our
              Message 6 of 20 , Oct 28, 2005
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                Yes, and if you believe that citizens applies to everyone than we were made
                slaves with the passage of the 14th and have no right to complain about our
                government one bit. They are our masters.


                ----- Original Message -----
                From: "Attorney Douglas Palaschak" <lawyerdude1989@...>
                To: <tips_and_tricks@yahoogroups.com>
                Sent: Friday, October 28, 2005 3:17 PM
                Subject: [tips_and_tricks] Kelly and Mel. If you were born here then you are
                a citizen.


                > It is spelled out in the 14th amendment:
                > Section 1. All persons born or naturalized in the United States,
                > and subject to the jurisdiction thereof, are citizens of the United
                > States and of the state wherein they reside.
                >
                > --- In tips_and_tricks@yahoogroups.com, "Kelly Roe" <kellyroe@h...> wrote:
                >
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                > Yahoo! Groups Links
                >
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              • JOHN INGRESS
                Re: Are you a US citizen? Are you, therefore, subject to the jurisdiction of... the federal mafia... etc...? Mel, your analysis is the same I ve been
                Message 7 of 20 , Oct 28, 2005
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                  Re: "Are you a US citizen?
                  Are you, therefore, subject to the jurisdiction of...
                  the federal mafia... etc...?"
                  Mel, your analysis is the same I've been learning
                  recently, but if I may add, it seems that the 14th
                  amenndment also set the gov't up as a corporation, and
                  our SSN makes us their property, and our W-4
                  identifies us as "businesses" liable for the income
                  tax. I'm being garnished (I work for a $B corp as a
                  machine operator at mediocre pay but decent benefits)
                  and don't have a skill that readily allows me to
                  obtain work for cash. So to assert my status as a
                  sovereign American National by dissolving my ties to
                  Soc Sec, anulling my W-4 and drivers license, at this
                  point would risk all, it seems to me. So my question
                  is, does Title 28 USC, Sec 3004 require a court order
                  prior to levy/garnishment? The question of whether a
                  court order is required has been raised here twice
                  recently, with no definitive answer. I'd suggest that
                  since the judges probably take their oath of office
                  with their fingers crossed, the answer is no.
                • jm367
                  United States in the 14th amendment has been construed. It means the Union States. Not D.C. Not federal territory or possession. So 14th amendment means
                  Message 8 of 20 , Oct 29, 2005
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                    United States in the 14th amendment has been construed.  It means the Union States.  Not D.C.  Not federal territory or possession.  So 14th amendment means born or naturalized in one of the Union States.

                    Where are U.S. citizens born or naturalized ? 


                    Michae Lee wrote:

                    Of course, the devil is ALWAYS in the details. As most
                    are aware the Supremes have concluded that there are
                    at least 3 definitions for the TERM United States.
                    Depends on which one you're talking about I guess,
                    right?


                    --- Attorney Douglas Palaschak
                    <lawyerdude1989@...> wrote:

                    > It is spelled out in the 14th amendment:
                    >  Section 1. All persons born or naturalized in the
                    > United States,
                    > and subject to the jurisdiction thereof, are
                    > citizens of the United
                    > States and of the state wherein they reside.
                    >
                    > --- In tips_and_tricks@yahoogroups.com, "Kelly Roe"
                    > <kellyroe@h...> wrote:
                    >
                    >
                    >
                    >
                    >
                    >
                    >



                         
                               
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                  • Marshall Magill
                    I was not born in DC so there fore I am not..... and subject to the jurisdiction thereof ... From: Attorney Douglas Palaschak To:
                    Message 9 of 20 , Oct 29, 2005
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                      I was not born in DC so there fore I am not.....
                       
                       
                      and subject to the jurisdiction thereof
                      ----- Original Message -----
                      Sent: Friday, October 28, 2005 5:17 PM
                      Subject: [tips_and_tricks] Kelly and Mel. If you were born here then you are a citizen.

                      It is spelled out in the 14th amendment:
                      Section 1. All persons born or naturalized in the United States,
                      and subject to the jurisdiction thereof, are citizens of the United
                      States and of the state wherein they reside.

                      --- In tips_and_tricks@yahoogroups.com, "Kelly Roe" <kellyroe@h...> wrote:






                    • Nick
                      Douglas, That all depends upon TERM of how the United States is defined in the particular act in which you are using it doesn t it? In Aliens and Nationality,
                      Message 10 of 20 , Oct 29, 2005
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                        Douglas,

                        That all depends upon TERM of how the United States is defined in the
                        particular act in which you are using it doesn't it?

                        In Aliens and Nationality, the TERM United States is clearly that of
                        the Continental United States plus Alaska, Hawaii and possessions of
                        the US.

                        In title 26, The TERM is clearly different. It Includes the District of
                        Columbia making the title clearly Territorial in nature. And please
                        don't hit me with the tired..."Now you are saying that the US has no
                        right taxing us in the 50 states?" Go back and read Article 1 Section 8.

                        So, Is one a United States Citizen is not because one is born here, but
                        is a matter of law depending on definition when being used in an act.

                        Question: Are you really an Attorney, or are you an Attorney because
                        you did not know this?


                        --- In tips_and_tricks@yahoogroups.com, "Attorney Douglas Palaschak"
                        <lawyerdude1989@y...> wrote:
                        >
                        > It is spelled out in the 14th amendment:
                        > Section 1. All persons born or naturalized in the United States,
                        > and subject to the jurisdiction thereof, are citizens of the United
                        > States and of the state wherein they reside.
                        >
                        > --- In tips_and_tricks@yahoogroups.com, "Kelly Roe" <kellyroe@h...>
                        wrote:
                        >
                      • Attorney Douglas Palaschak
                        Marshall Magill, the U.S. is MORE than the District of Columbia. The District of Columbia is a result of the exercise of an option in the Constitution. You
                        Message 11 of 20 , Nov 3, 2005
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                          Marshall Magill, the U.S. is MORE than the District of Columbia.
                          The District of Columbia is a result of the exercise of an option in
                          the Constitution.
                          You were born in one of the 50 states; you are a citizen of the United
                          States.

                          --- In tips_and_tricks@yahoogroups.com, "Marshall Magill" <wmmw@k...>
                          wrote: I was not born in DC so there fore I am not..... and subject to
                          the jurisdiction thereof
                        • Attorney Douglas Palaschak
                          The secret to understanding title 26 is to understand the word includes which is defined in title 26. When title 26 says that the term U.S. includes
                          Message 12 of 20 , Nov 3, 2005
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                            The secret to understanding title 26 is to understand the word
                            "includes" which is defined in title 26. When title 26 says that the
                            term "U.S." includes Puerto Rico, it means that the U.S. included
                            Puerto Rico along with the 50 state that everybody knows constitute
                            the U.S.

                            --- In tips_and_tricks@yahoogroups.com, "Nick" <nickster97@y...> wrote:
                            > In title 26, The TERM is clearly different. It Includes the District
                            of Columbia making the title clearly Territorial in nature.
                          • Michae Lee
                            Since United States is defined in various titles as including the 50 states and including the District of Columbia, why can t thay just say it in title 26 if
                            Message 13 of 20 , Nov 4, 2005
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                              Since United States is defined in various titles as
                              including the 50 states and including the District of
                              Columbia, why can't thay just say it in title 26 if it
                              includes both? The fact is, the attorneys who craft
                              legislation know how to define terms to avoid
                              un-constitutionality. This is why in the Title 26
                              definition the 50 states are not mentioned. And, as
                              you say, "everybody knows" they have enough money to
                              pay for the ink to print the "50 states." Surely the
                              devil is in the details.

                              --- Attorney Douglas Palaschak
                              <lawyerdude1989@...> wrote:

                              > The secret to understanding title 26 is to
                              > understand the word
                              > "includes" which is defined in title 26. When title
                              > 26 says that the
                              > term "U.S." includes Puerto Rico, it means that the
                              > U.S. included
                              > Puerto Rico along with the 50 state that everybody
                              > knows constitute
                              > the U.S.
                              >
                              > --- In tips_and_tricks@yahoogroups.com, "Nick"
                              > <nickster97@y...> wrote:
                              > > In title 26, The TERM is clearly different. It
                              > Includes the District
                              > of Columbia making the title clearly Territorial in
                              > nature.
                              >
                              >
                              >
                              >
                              >
                              >
                              >


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                            • Mike Gorman
                              Sorry to disappoint you, but the use of the word includes is a word with distinct legal meaning and not that of the common meaning, remember Clinton ...that
                              Message 14 of 20 , Nov 4, 2005
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                                Sorry to disappoint you, but the use of the word "includes" is a word
                                with distinct legal meaning and not that of the common meaning, remember
                                Clinton "...that depends on the definition of "is". "Includes" as used
                                in the Internal Revenue Code is a word of limitation. Refer to the
                                definition of "includes" in title 26.

                                -----Original Message-----
                                From: tips_and_tricks@yahoogroups.com
                                [mailto:tips_and_tricks@yahoogroups.com] On Behalf Of Attorney Douglas
                                Palaschak
                                Sent: Thursday, November 03, 2005 10:03 PM
                                To: tips_and_tricks@yahoogroups.com
                                Subject: [tips_and_tricks] No Nick, Title 26 defines U.S. as including
                                all 50 states.

                                The secret to understanding title 26 is to understand the word
                                "includes" which is defined in title 26. When title 26 says that the
                                term "U.S." includes Puerto Rico, it means that the U.S. included
                                Puerto Rico along with the 50 state that everybody knows constitute
                                the U.S.

                                --- In tips_and_tricks@yahoogroups.com, "Nick" <nickster97@y...> wrote:
                                > In title 26, The TERM is clearly different. It Includes the District
                                of Columbia making the title clearly Territorial in nature.










                                Yahoo! Groups Links
                              • Marshall Magill
                                My first response was my gut reaction and may not have made it past the moderator. it was says you However I still feel it is a valid response and here is
                                Message 15 of 20 , Nov 4, 2005
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                                  My first response was my gut reaction and may not have made it past the moderator. it was "says you" However I still feel it is a valid response and here is why. Sir, I challenge your presumption that I am a citzen of anything. I never contracted with any form of government other than the Republican form which has definately been changed and changed without my consent. Therefore, they, the government of the U. S. disolved itself and we have returned to a state of nature where the law of necessity  is the only law that exists and I remain a sovereign of ONE a flesh and blood living soul on the soil and NO one can tell ME what I am or am not and that certainly includes the likes of your ilk! Do you understand what I mean by that? if not, it has to do with titles of which one is attached to your name.
                                  ----- Original Message -----
                                  Sent: Thursday, November 03, 2005 11:57 PM
                                  Subject: [tips_and_tricks] Marshall Magill, the U.S. is MORE than the District of Columbia.

                                  Marshall Magill, the U.S. is MORE than the District of Columbia.
                                  The District of Columbia is a result of the exercise of an option in
                                  the Constitution.
                                  You were born in one of the 50 states; you are a citizen of the United
                                  States.

                                  --- In tips_and_tricks@yahoogroups.com, "Marshall Magill" <wmmw@k...>
                                  wrote: I was not born in DC so there fore I am not..... and subject to
                                  the jurisdiction thereof






                                • Steve
                                  Mike is exactly right! You don t need to even be an attorney to know this.
                                  Message 16 of 20 , Nov 5, 2005
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                                    Mike is exactly right! You don't need to even be an attorney to know this.

                                    Mike Gorman wrote:

                                    >Sorry to disappoint you, but the use of the word "includes" is a word
                                    >with distinct legal meaning and not that of the common meaning, remember
                                    >
                                    >
                                  • Gary Cummings
                                    It would appear that you are wrong. The definition I have found is as follows: TITLE 26 Subtitle F CHAPTER 79 § 7701 § 7701. Definitions (c) Includes
                                    Message 17 of 20 , Nov 5, 2005
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                                      It would appear that you are wrong. The definition I have found is as follows:

                                      TITLE 26 > Subtitle F > CHAPTER 79 > § 7701
                                      § 7701. Definitions
                                      (c) Includes and including
                                      The terms “includes” and “including” when used in a definition contained in this title shall not be deemed to exclude other things otherwise within the meaning of the term defined.


                                      Mike Gorman <mgorman@...> wrote:
                                      Sorry to disappoint you, but the use of the word "includes" is a word
                                      with distinct legal meaning and not that of the common meaning, remember
                                      Clinton "...that depends on the definition of "is". "Includes" as used
                                      in the Internal Revenue Code is a word of limitation. Refer to the
                                      definition of "includes" in title 26.
                                    • Gary Cummings
                                      It would appear that you are wrong. The definition I have found is as follows: TITLE 26 Subtitle F CHAPTER 79 § 7701 § 7701. Definitions (c) Includes
                                      Message 18 of 20 , Nov 5, 2005
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                                        It would appear that you are wrong. The definition I have found is as follows:
                                         
                                        TITLE 26 > Subtitle F > CHAPTER 79 > § 7701
                                        § 7701. Definitions
                                        (c) Includes and including
                                        The terms “includes” and “including” when used in a definition contained in this title shall not be deemed to exclude other things otherwise within the meaning of the term defined.

                                        Mike Gorman <mgorman@...> wrote:
                                        Sorry to disappoint you, but the use of the word "includes" is a word
                                        with distinct legal meaning and not that of the common meaning, remember
                                        Clinton "...that depends on the definition of "is". "Includes" as used
                                        in the Internal Revenue Code is a word of limitation. Refer to the
                                        definition of "includes" in title 26.  


                                        Yahoo! FareChase - Search multiple travel sites in one click.

                                      • Michae Lee
                                        WITHIN THE MEANING OF THE TERM DEFINED means of the same type or kind. In other words, in this instance, Federal territories such as the District of
                                        Message 19 of 20 , Nov 5, 2005
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                                          "WITHIN THE MEANING OF THE TERM DEFINED" means of the
                                          same type or kind. In other words, in this instance,
                                          Federal territories such as the District of Columbia.

                                          --- Gary Cummings <chanse117@...> wrote:

                                          > It would appear that you are wrong. The definition I
                                          > have found is as follows:
                                          >
                                          > TITLE 26 > Subtitle F > CHAPTER 79 > § 7701
                                          > § 7701. Definitions
                                          > (c) Includes and including
                                          > The terms “includes” and “including” when used in a
                                          > definition contained in this title shall not be
                                          > deemed to exclude other things otherwise within the
                                          > meaning of the term defined.
                                        • Legalbear
                                          The meaning of the term “includes” as used in Title 26 was raised on my Tips and Tricks group. One poster found the definition in the code itself: TITLE 26
                                          Message 20 of 20 , Nov 5, 2005
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                                            The meaning of the term “includes” as used in Title 26 was raised on my Tips and Tricks group. One poster found the definition in the code itself:

                                             

                                            TITLE 26 > Subtitle F > CHAPTER 79 > § 7701

                                            § 7701. Definitions

                                            (c) Includes and including

                                            The terms "includes" and "including" when used in a definition contained in this title shall not be deemed to exclude other things otherwise within the meaning of the term defined.

                                             

                                            When I saw this string come up I remembered a phrase “ejusdem generis” and I did a search in the U.S. Supreme Court data base and I came up with the attached case Helvering v. Stockholms Enskilda Bank, 55 S. Ct. 50, 293 U.S. 84 (U.S. 1934). In the case the bank had won up through the Circuit Court succeeding in getting each respective court to hold that they did not owe the tax based on the principle of “ejusdem generis.” That principle is explained and discussed in the case itself. What I found more interesting were some of the quotes leading up to the reversal of the lower courts:

                                             

                                            “[21] Atlantic Cleaners & Dyers v. United States , supra, was a suit brought to enjoin appellants from continuing an alleged conspiracy in restraint of trade and commerce in cleaning, dyeing, and otherwise renovating clothes contrary to § 3 of the Sherman Anti-trust Act. The defense was that appellants were engaged solely in the performance of labor and service in cleaning, dyeing and renovating wearing apparel, etc., and that this did not constitute "trade" within the meaning of the act. The argument was that since the words "trade or commerce" in § 1 of the act, which dealt with interstate commerce, must be construed not to include a business such as that carried on by appellant, the identical words used in § 3 dealing with restraint of trade or commerce within the District of Columbia should be given the same interpretation. Considering the subject matter of the act, and the scope of the legislative power exercised in the one case as compared with that exercised in the other, we held otherwise. In arriving at the conclusion that the word "trade" as used in § 3 was to be given a broader interpretation than the same word as used in § 1, we considered the history leading up to and accompanying the passage of the Sherman Act, the mischief to be remedied, and other circumstances, and held that Congress intended to exercise all the power it possessed; and since the scope of its power in dealing with the District was more extensive than when dealing with interstate commerce, we gave to the word "trade" its full meaning under § 3, unaffected by the narrower meaning which it might have under § 1. The considerations invoked in that case are equally applicable here.” (emphasis mine)

                                             

                                            Today, there is again, a similar application of this case to taxing statutes; those being subtitle A of Title 26. Again, with respect to Title 26, Congress has two powers; one power over the District of Columbia which is “more extensive” and a more limited power when dealing with the residents of the “several states.” To me, this means that the principles of statutory construction must be harnessed to these same principles; i.e., the Internal Revenue Code must be interpreted in light of the restrictions of the Federal Constitution.

                                             

                                            “To ascertain the meaning of the words of a statute, they may be submitted to the test of all appropriate canons of statutory construction, of which the rule of ejusdem generis is only one.”

                                             

                                            Surely, one of the principles of statutory construction is that a statute may not be construed in a manner that is contrary to the Supreme Law of the Land; i.e., the Constitution.

                                             

                                            “[23] The general object of this act is to put money into the federal treasury; and there is manifest in the reach of its many provisions an intention on the part of Congress to bring about a generous attainment of that object by imposing a tax upon pretty much every sort of income subject to the federal power.

                                             

                                            I included this quote to demonstrate the Supreme Court’s acknowledgement that there are incomes that are not subject to the federal power! There are specific clauses of the Constitution that deal with how Congress may reach the Citizens and residents of the several states; a direct tax is not one of them.

                                             

                                            “[31] In the foregoing discussion, we have not been unmindful of the rule, frequently stated by this court, that taxing acts "are not to be extended by implication beyond the clear import of the language used," and that doubts are to be resolved against the government and in favor of the taxpayer.”

                                             

                                            Man does this have an effect on the interpretation of “includes!” I wonder when the last time was that a court quoted this in a decision.

                                             

                                            The intention of the lawmaker controls in the construction of taxing acts as it does in the construction of other statutes, and that intention is to be ascertained, not by taking the word or clause in question from its setting and viewing it apart, but by considering it in connection with the context, the general purposes of the statute in which it is found, the occasion and circumstances of its use, and other appropriate tests for the ascertainment of the legislative will.” (emphasis mine)

                                             

                                            Since when did the legislatures set out to pass statutes contrary to the Constitution? When using principles of statutory construction, courts start out with the presumption that the statute is Constitutional. They give the legislatures the benefit of the doubt; they treat them as though they gave due consideration to the provisions of the Constitution before writing and passing legislation. A court would never hold that the legislatures passed legislation with the intent to violate the Constitution.

                                             

                                            “[32] "The rule of strict construction is not violated by permitting the words of a statute to have their full meaning, or the more extended of two meanings. The words are not to be bent one way or the other, but to be taken in the sense which will best manifest the legislative intent. United States v. Hartwell, 6 Wall. 385, 396; United States v. Corbett, 215 U.S. 233, 242." Sacramento Nav. Co. v. Salz, 273 U.S. 326, 329. The rule of strict construction applies to penal laws, but such laws are not to be construed so strictly as to defeat the obvious intention of the legislature; or so applied as to narrow the words of the statute to the exclusion of cases which those words, in the sense that the legislature has obviously used them, would comprehend.” (emphasis added)

                                             

                                            Now, to understand the full import of the above quote, insert the word Constitution into the above quote where the words “legislative” and “legislature” appear and you have a quote that reads thus:

                                             

                                            “[32] "The rule of strict construction is not violated by permitting the words of a statute to have their full meaning, or the more extended of two meanings. The words are not to be bent one way or the other, but to be taken in the sense which will best manifest the Constitutional intent. United States v. Hartwell, 6 Wall. 385, 396; United States v. Corbett, 215 U.S. 233, 242." Sacramento Nav. Co. v. Salz, 273 U.S. 326, 329. The rule of strict construction applies to penal laws, but such laws are not to be construed so strictly as to defeat the obvious intention of the Constitution; or so applied as to narrow the words of the statute to the exclusion of cases which those words, in the sense that the Constitution has obviously used them, would comprehend.”

                                             

                                            What this is is an argument for dealing with the expansive interpretation that courts have given the term “includes.” In past decisions they have tried to say that includes adds on to what was said in general previously; includes means everything plus these other things too.

                                             

                                            Those of you who have studied the Constitutional provisions respecting direct and indirect taxes and taxes on privilege may have some specifics to add to this. If you do add to this post, please send your additions directly to me at legalbearatlegalbears.com. Bear    

                                             

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