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What you read below is an historical fact. However, the Courts have ruled this issue to be IRRELEVANT even though it is one of the most egregious frauds ever perpetrated on the American people. If those reading and investigating the tax laws want to read and learn what the law states and how that law has been misinterpreted and misapplied with destructive consequences to Citizens, then click HERE for the most comprehensive analysis of the actual law. This SITE proves that most Citizens have NEVER been liable for federal income tax. If you want even more detail including how to stop paying federal income tax and 'socialist insecurity', then CLICK HERE and check the list of SITES YOU MUST SEE! If you want a video tape that explains the law and its historical evolution, click HERE. Every American is responsible for educating themselves. This country cannot remain free without an educated public. Government will continue to infringe on our rights as specified in the Constitution if Americans do not learn the law.
According to the investigations of Bill Benson, M.J. "Red" Beckman, et.al., the following defects were found in the ratification of the Income Tax Amendment (16th Amendment) by the 48 states (then existing), three-fourths or 36 of which were needed to ratify the amendment:
STATE |
Not ratified by state legislature and so reported 01 |
Not ratified by state legislature but reported as ratified 02 |
Missing or incomplete evidence of ratification but reported as ratified 03 |
Failure of Governor or other official to sign, although required by State Constitution 04 |
Other violation of State Constitution in ratification process 05 |
Other procedural irregularity making ratification doubtful 06 |
Approval with change in wording; accepted as ratification of original version 07 |
Approval with change in spelling; accepted as ratification of original version 08 |
Approval with change in capitalization; accepted as ratification of original version 09 |
Approval with change in punctuation; accepted as ratification of original version 10 |
Alabama | 1 | 1 | 1 | |||||||
Arizona | 1 | 1 | 1 | 1 | ||||||
Arkansas | 1 | 1 | 1 | 1 | 1 | |||||
California | 1 | 1 | 1 | 1 | 1 | |||||
Colorado | 1 | 1 | 1 | 1 | ||||||
Connecticut | 1 | |||||||||
Delaware | 1 | 1 | ||||||||
Florida | 1 | |||||||||
Georgia | 1 | 1 | 1 | 1 | 1 | |||||
Idaho | 1 | 1 | 1 | 1 | 1 | 1 | ||||
Illinois | 1 | 1 | 1 | |||||||
Indiana | 1 | 1 | 1 | |||||||
Iowa | 1 | 1 | 1 | |||||||
Kansas | 1 | 1 | ||||||||
Kentucky | 1 | 1 | 1 | 1 | 1 | 1 | 1 | |||
Louisiana | 1 | 1 | 1 | 1 | ||||||
Maine | 1 | 1 | ||||||||
Maryland | 1 | 1 | 1 | |||||||
Massachusetts | 1 | 1 | 1 | 1 | ||||||
Michigan | 1 | 1 | 1 | 1 | 1 | |||||
Minnesota | 1 | 1 | ||||||||
Mississippi | 1 | 1 | 1 | 1 | 1 | 1 | ||||
Missouri | 1 | 1 | 1 | 1 | 1 | |||||
Montana | 1 | 1 | 1 | 1 | ||||||
Nebraska | 1 | 1 | ||||||||
Nevada | 1 | 1 | 1 | |||||||
New Hampshire | 1 | |||||||||
New Jersey | 1 | 1 | 1 | |||||||
New Mexico | 1 | 1 | ||||||||
New York | 1 | 1 | 1 | |||||||
North Carolina | 1 | 1 | ||||||||
North Dakota | 1 | 1 | ||||||||
North Dakota | 1 | 1 | ||||||||
Ohio | 1 | 1 | ||||||||
Oklahoma | 1 | 1 | 1 | |||||||
Oregon | 1 | 1 | ||||||||
Pennsylvania | 1 | |||||||||
Rhode Island | 1 | |||||||||
South Carolina | 1 | 1 | 1 | 1 | ||||||
South Dakota | 1 | 1 | 1 | 1 | ||||||
Tennessee | 1 | 1 | 1 | 1 | 1 | |||||
Texas | 1 | 1 | 1 | 1 | 1 | 1 | ||||
Utah | 1 | |||||||||
Vermont | 1 | 1 | 1 | 1 | ||||||
Virginia | 1 | |||||||||
Washington | 1 | 1 | 1 | 1 | 1 | |||||
West Virginia | 1 | 1 | 1 | 1 | ||||||
Wisconsin | 1 | 1 | 1 | |||||||
Wyoming | 1 | 1 | 1 | 1 | 1 | 1 | ||||
Total | 7 | 3 | 9 | 6 | 25 | 29 | 22 | 1 | 31 | 27 |
Additional | 7 | 3 | 7 | 5 | 16 | 6 | 2 | 0 | 2 | 0 |
Accumulated | 7 | 10 | 17 | 22 | 38 | 44 | 46 | 46 | 48 | 48 |
In the above table, the line Additional are the number of states for which that defect is in addition to previously indicated defects, and Accumulated is a running total of states with defects, from Defect 01 through 10.
Since 36 states were required to ratify, the failure of 13 to ratify would be fatal to the amendment, and failure occurs within the first three defects, arguably the most serious. Even if we were to ignore defects of spelling, capitalization, and punctuation, we would still have only two states which successfully ratified.
Note that in the above we are counting Ohio as a state, even though it was not admitted into the Union until 1953 (retroactively, which is ex post facto, and unconstitutional). We are not counting the failure to designate the Income Tax Amendment as the "XVI" amendment, since there was arguably a 13th Amendment that was ratified but which is not published in official copies of the Constitution with Amendments, and the number is not necessarily part of the amendment (It wasn't part of the first 10.).
The authority usually cited for the criticality of ratification without errors of spelling, capitalization, or punctuation, is from DOCUMENT NO. 97-120, of the 97TH CONGRESS, 1st Session, entitled How Our Laws Are Made, written by Edward F. Willett, Jr. Esq., Law Revision Counsel of the United States House of Representatives, in which the comparable exactitude in which bills must be concurred under federal legislative rules is detailed:
It should be noted that in his report on ratifications of the Income Tax Amendment to then Secretary of State Philander Knox, the Solicitor of the Department of State recognized many of the defects of wording, spelling, capitalization, and punctuation, although he seemed ignorant of the constitutional and procedural defects at the state level. He also pointed out similar defects in the ratifications of the 14th and 15th Amendments. Therefore, Knox had plenty of clues to the problems in the ratifications, sufficient to justify that he inquire into the matter further and demand corrective action by the states. That he failed to do so means that we now have adopted and enforced legislation for more than 80 years that is plainly unconstitutional, requiring not only that it be repealed, but that all the funds collected be refunded.
The states could, of course, re-ratify the Income Tax Amendment, but they could not do so retroactively. That would allow re-enactment of the Internal Revenue Code, and re-issuance of all the supporting regulations, but none of them could apply to the period prior to proper ratification of the amendment and due notices of the regulations.
Readers are invited to independently confirm or refute these results and to similarly investigate the ratifications of other constitutional amendments, both at the federal and state levels, and to issue similar reports on what they find.
Reference:
Bill Benson and M.J. "Red" Beckman, The Law That Never Was: The fraud of the 16th Amendment and personal Income Tax, Constitutional Research Associates, Box 550, South Holland, IL 60473, 1985. Available from Common Sense Press, PO Box 1644, Billings, MT 59103, and from Unlimited Thought Bookstore, 5525 Blanco Rd #112, San Antonio, TX 78216, $30.00.
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