"Does Government Have Statute Authority To
Enforce
Law?"
from "In Defense of Rural
America"
By Ron Ewart,
President
National Association of Rural
Landowners
and nationally recognized author and
speaker on freedom and property rights issues.
©
Copyright Sunday, February 16, 2014 - All Rights
Reserved
As published on
Newswithviews, February 12, 2013
This article is also
available on our website at:
From our foray into the Land of Oz
and the false wizard known as the Internal Revenue Service (IRS), we have
learned a great deal about the complexity of the law and how it is supposed to
work. The ugly truth is, the law has become so cumbersome and complex that
it is bordering on collapsing under its own weight. Millions of local,
state and federal laws have been written and placed on the books and all that
law is so riddled with conflicts, contradictions, overlaps and unconstitutional
provisions that it is amazing that we haven't become a nation of the
lawless. What keeps it sort of working is the institutionalized
corruption of politicians, lawyers, judges and the courts. Each of
these players is a co-conspirator in that corruption but that fact is probably
the best kept secret of the last 10 or 20 centuries. This corruption
literally grows by the day.
The only thing that could possibly be
worse in the corruption of power are bankers, or should we use the pejorative
..... banksters? With lawyers controlling the law and the banksters
controlling the money, the average individual is caught in a tangled
web from which there is no escape, where they are wrapped in the silken thread
of corruption until it is time for them to be devoured. Sadly, the average
individual hasn't a clue that he or she even lives in this crazy,
insane spider web of institutionalized corruption, using the "tool" of law
to enslave. In fact, the average individual in any country and even in
America, is more like a leaf on a river, powerless and totally in control of the
current, the current being the government and the corrupt "system", a
"system" that contains politicians, judges, lawyers and bankers who have lost
their honor.
But getting back to the law, the net
effect of all these laws is that the people have no idea what the laws are
until they fall afoul of them. Then, when they are up to their necks in
government, law enforcement, lawyers, judges, clerks, juries and courts,
they are left with their eyes spinning in opposite directions, entirely at the
mercy of this corrupt judicial system where only the "co-conspirators"
think they know what is going on. Unfortunately, what is going on is a
type of controlled chaos because of too many laws.
Any "good" lawyer (if there are any) will tell you that the courts are, at
best, a crapshoot. It depends on so many variables that there is no way to
predict any potential outcome of any case and the outcome has very little to do
with the law, much less justice. If your case goes against you it could
very well be because the judge was having a bad day, or that your
attorney was inept and negligent, or how you looked and acted in court, or the
jury was biased against you. That folks, is why "justice is blind."
But before you go all goo-goo eyed on
how bad and corrupt things are, there are some positive sides to the law, that
is if government, the lawyers, judges and the courts care to abide by the
law. Can anyone say IRS? Every now and then when someone is
searching the law, they find a little tidbit that gives them a glimmer of
hope. It seems that the U. S. Supreme Court has made some
decisions that allow the average
citizen to challenge the government when they try to pull
the wool over your eyes and we can tell you with certainty that the government
works feverishly to pull the wool over your eyes every day, either by ignoring
the law, changing the law without authority, citing a law that cannot be
enforced, or just plain lying. Naw! The government wouldn't lie
..... would it? Yes it would and it does, with malice aforethought.
Government, politicians,
lawyers, judges and the courts are not your friend, they are your
sworn enemy and they will do everything in their power to hold you
down, especially if you "tick" them off. Oh, and if you think your
attorney is working for you, think again. You pay him, but his allegiance
is to the corrupt "system", the court and the BAR, but never you. The
attorney cares only a little about whether he wins your case or not, but he
really cares about you paying him his exorbitant hourly fee that ranges from
$250 to over $600 per hour. Do you know how fast a lawyer can eat up a
$1,000? In a blink of an eye. And lawyers have absolutely no
incentive to bring your case to a quick close or settle the case.
They will run a case into the ground, milk it for all it is
worth, until it finally runs out of steam on its own
accord. Whether you win or lose in court, the lawyer always
wins. This isn't opinion, this is fact.
To give you an example of how
it works, in a case where we were sued for $1,800,000 on absolutely frivolous
grounds, our lawyer sent us his first bill and the first line item contained the
following reason for a charge: "attempted to reach the client
by telephone, 0.2 tenths of an hour. That's twelve minutes
folks and the charge was $60.00. How many times did the lawyer attempt to
reach us by telephone in that 0.2 tenths of an hour? Your guess is as good
as ours. We were furious and so told the lawyer. What happened, our
bill went up. How dare we challenge the lawyer! Oh, we won all
right, but that frivolous case cost us $35,000 in legal fees and court costs to
win. You call that justice?
Well now you know where we
stand on politicians, lawyers, judges and the courts, so we will move on to
the real subject of this article, "Does Government Have Statute
Authority To Enforce
Law?"
In U. S. Supreme Court
decision "US v Mersky" it states that an "implementing statute" is
necessary for any law or regulation to have the force and effect of
law. To wit:
"Once promulgated, these regulations, called for by
the statute itself, have force of law, and violations thereof incur criminal
prosecution, just as if all the details had been incorporated into the
congressional language. The result is that neither the statute nor the
regulations are complete without the other, and only together do they have any
force. In effect, therefore, the construction of one necessarily involves
the construction of the other." UNITED STATES V. MERSKY, 361 U.S. 431,
438 (1960)
It turns out that the government
passes thousands of laws that are not backed up by a statute, local, state,
or federal and the Mersky Supreme Court case established
that a regulation or law must have a corresponding
statute. Which brings us to the Internal Revenue Code (IRC -
Title 26). There are many sections of the IRC that have no corresponding
statute and are thus unenforceable by law. Nevertheless, the law is
enforced brutally and with a vengeance. We have uploaded a form to our
website that shows which portions of Title 26 have a corresponding statute and
which don't. Go to our RESOURCES
page and look for "DO IRS REGULATIONS HAVE THE FORCE OF
LAW?"
In another decision, the U. S.
Supreme Court also did a favor for the average citizen. It admonished anyone having any relationship with government in
Federal Crop Ins. Corp v. Merrill, 332 U. S. 380, 384
(1947), as follows:
"Whatever the form in which the Government
functions, anyone entering into an arrangement with the Government takes the
risk of having accurately ascertained that he who purports to act for the
Government, stays within the bounds of his authority. The scope of this
authority may be explicitly defined by Congress or be limited by delegated
legislation, properly exercised through the rulemaking power. And this is
so even though, as here, the agent himself may have been unaware of the
limitations upon his authority."
We all have an intimate relationship with government
whether we like it or not. However, the above decision gives the
average citizen a tool to challenge the government to determine if the law
or regulation the government is citing in some notice, request, or demand of
you, that the law or regulation is actually backed up by a
statute. If it isn't, the law or regulation is unenforceable, unless of
course the government decides to ignore the law altogether.
It is
possible, as the High Court indicates, that neither the government
agent or the average citizen possesses the requisite knowledge to
define the bounds of the agent's authority to perform the duty or
duties for which he or she has been charged and the governing
law behind any given government request or demand.
Moreover, as the High Court admonishes in the above-cited Supreme Court Merrill
case, "the government agent may, or may not be, aware of the
limitations upon his or
her authority."
Government, at every
level, through government agents or employees, enforce regulations or law,
irrespective of a governing statute, or even if the law or regulation meets the
constitutional smell test and they do it because they can and because government
by definition is force and if you don't comply, they can hound you, harass
you, fine you, penalize you and yes, even throw you in
jail.
From our experiences and research and
using the above cited U. S. Supreme Court cases, we have developed a strongly
worded, sample letter/notice that any American can use, or modify to fit their
situation, to challenge the government's authority by requesting that the
government back up any of their actions by submitting to you, in writing, under
penalties of perjury, the governing statutes for each law or regulation they
cite in a request or demand. It can also be
used face-to-face when you find a government agent trespassing
on your property without your permission, which happens all the time.
During our 30-plus years of
experience in real estate development and working with landowners, we found that
many of the notices received by property owners either cited no law, regulation,
or ordinance, or the ones they cited weren't applicable to the alleged land use
infraction. All across the entire spectrum of government, we have found
that government employees are inept and they make mistakes all the time.
Our current experiences with the IRS prove this. We have received multiple
notices from multiple IRS offices saying opposite and contradictory
things. Our sample letter/notice will catch the government, including the
IRS, when they do make mistakes.
Have you received a written or verbal notice,
request, or demand from government, local,
state, or federal? Has a government agent been trespassing on your
property? If this has happened to you,
our Sample letter/notice could prove invaluable. To find
out more about this Sample letter/notice, click HERE.
We effectively used a similar letter/notice in our battle with the
IRS.
Either challenge government or be
satisfied with being its slave. Remember, law does not have to be
right or constitutional and in fact, according to Thomas Jefferson,
"law can be nothing more than a tyrant's
will."
This fact is illuminated by a recent
tyrant's statement saying that, "..... if the Congress won't act, I
will use my pen and my phone", in open opposition to Article I,
Section 1 of the U. S. Constitution. Any tyrant (president) displaying such a blatant abuse of power in
America should be impeached.
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