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We The People Foundation For
Constitutional Education, Inc.
2458 Ridge Road, Queensbury, NY 12804
May 10, 2004
Hon. John W. Snow
Treasury Secretary
Main Treasury
1500 Pennsylvania Ave. NW
Washington, D.C. 20220
Hon. John Ashcroft
Attorney General of the United States
U.S. Department of Justice-Main
950 Pennsylvania Ave. NW
Washington, DC 20530
Re: Petitions for Redress of Grievances
Dear Secretary Snow and Attorney
General Ashcroft:
This letter and its two attachments
present the substance of the most damning documentary
evidence to date that the government is acting ultra vires (i.e.,
without bona fide authority), in forcing
ordinary Americans to file and pay an un-apportioned, direct tax on their
salaries, wages and compensation,
and in forcing American companies to withhold and turn over to the IRS a
percentage of the earnings
of those American citizens.
At the end of each of the two Attachments are a few questions to be answered
by your agencies
at a recorded, public forum on July 19, 2004.
Foremost, these questions are aimed at settling the grievances
of the People regarding the Executive branch’s operation and enforcement of
the “income” tax system.
In light of this compelling
evidence, until the Executive answers these questions and the questions
in our Petition for Redress regarding the Iraq Resolution, I am now obliged
to demand that you immediately
stop all administrative, civil and criminal prosecutions against all
ordinary American citizens at home or
abroad, earning salaries, wages and compensation for their labor, who have
stopped filing a Form 1040
tax return, and against American business entities who do not withhold and
turnover to the IRS a
percentage of those citizen’s earnings.
Attachment #1 to this letter
provides additional evidence in support of the People’s proposition that
the Executive has been deliberately and fraudulently taxing the People
in a way that violates the fundamental
law and Supreme Court rulings – that is, the Executive clearly lacks the
fundamental authority to tax the
salaries, wages and compensation of the working men and women of this
country and the Executive
lacks the authority to force the entities that utilize the labor of ordinary
American citizens to withhold
and turn over to the IRS any part of the earnings of those workers.
Attachment #2 to this letter
provides exhaustively detailed documentary evidence that the Executive
and Legislative branches have not only allowed the IRS to act without the
required fundamental authority,
they have allowed the IRS to operate in secret, in violation of the law,
including open defiance of the
Administrative Procedures Act, which requires the Treasury Department to
publish in the Federal Register
the current organizational structure of the IRS and all delegation orders
that authorize the Commissioner
of Internal Revenue to administer and enforce the federal income tax laws
against ordinary Americans.
The Congress and the offices of the
President, the Treasury Secretary, the Attorney General and
the IRS Commissioner have thus far refused to honor and respect the People
and the Petition Clause of the Constitution. You have failed to respond to
our Petition for Redress of Grievances, in which I and
thousands of other People have respectfully asked for answers to a series of
troubling and legitimate
questions:
– questions that go to the
constitutionality and legality of the current application and enforcement
of the income tax system,
– questions that are the result of
intelligent, rational and professional reviews of the plain language,
and intent of the framers of the Tax Clauses of the Constitution and the
internal revenue laws,
– questions that are the result of
our review of related Supreme Court rulings,
– questions that are the result of a
detailed and painstaking review of the unflattering history
of the Executive’s administrative and regulatory behavior, and
– questions that go to the failure of
the judiciary to uphold traditional judicial doctrines
in cases involving the application of the internal revenue laws.
The People have an individual,
unalienable Right to freedom from a government that violates
the taxing clauses of the Constitution by attempting to tax the salaries,
wages and compensation of
ordinary citizens, working men and women, with an un-apportioned direct tax
(as the government has
been doing). The People have an individual, unalienable Right to Petition
the government for a Redress
of this Grievance (as the People have been doing). The People have an
individual, unalienable Right to
enforce their Rights by retaining their money until their grievances are
redressed, thus peaceably
securing relief. This is what People are now doing, as part of the
Petition process.
Instead of honoring and respecting
the Rights of the People under the Petition Clause, officials
of the Executive are now publicly asserting that they will respond to our
Petition for Redress only by
retaliating with enforcement actions. And, indeed, they are.
Our repeated Petitions are being
answered only by repeated Injury, by a government that has
a monopoly on the exercise of the use of force. The IRS and DOJ have
retaliated against the
People by launching scores of administrative, civil and criminal actions,
using our Petitions as
grounds for more persecutions and abuse.
Our Injury now includes an
unprecedented level of cooperation between the Executive and Judiciary
to deny the People their Constitutional Right to due process and to
assistance of counsel. With the
Constitution and the Law as their defense, the People are routinely being
denied the Right to defend
themselves.
Judges are not allowing the People to offer evidence in support of their
legal theories. The law is the
People’s defense, but judges are not allowing the People to mention the law
in courtroom. The People
are not allowed to refer to the evidence -- the provisions of the
Constitution, the statutes and the Supreme
Court rulings --that the People are relying on in determining that the
internal revenue laws did
not apply to them.
This is a recipe for Constitutional disaster, especially when coupled with
the People’s unfamiliarity
with the Judiciary’s procedures and the People’s inability to hire competent
counsel, especially officers
of the court who are willing to take the time to fully understand the
complexities of the “income” tax laws
and are willing to defend those beliefs before hostile judges.
The Constitution cannot defend
itself against the government’s infringements of its prohibitions,
restrictions and guarantees. This is the burden of the People.
At the end of both Attachment #1
and Attachment #2 are questions we hereby demand
be answered on July 19, 2004, in a recorded, public forum at the National
Press Club in
Washington DC, beginning at 9 AM.
The symposium and this invitation
represent the appropriate next step in the People’s on-going
Petitions for Redress of Grievances – a Petition process that has yet to
be respected by the government
and which portends unintended consequences of momentous proportions.
This demand for an end to all
prosecutions and other enforcement actions is based not only upon
the compelling arguments and supporting evidence contained in this letter
and its attachments, but also
on the evidence previously included with the Petitions for Redress.
I respectfully request, by copy of
this letter to Commissioner Everson, that his copy, with
attachments, be added to my individual master file at the IRS.
An early response to this letter
would be appreciated.
Sincerely,
__________________
Robert L. Schulz
Chairman
Encl.
Cc:
Hon. George W. Bush
WITH ATTACHMENTS
President of
the United States
The White
House
1600
Pennsylvania Avenue, NW
Washington,
D.C. 20500
Hon.
John Kerry
WITH ATTACHMENTS
United States Senator
304 RUSSELL
SENATE OFF BLDG
WASHINGTON DC
20510
Mr. Mark Everson, Commissioner
WITH ATTACHMENTS
Internal
Revenue Service
1111
Constitution Ave. NW
Washington,
DC 20224
Footnotes:
Click Here to read Schulz's
letter to President Bush
Click Here to access the
Attachment #1 (Overview & research) and
Attachment #2 (Overview & research with
full on-line evidence)
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