VIOLATION OF THE SEPARATION
OF POWERS CLAUSE
believe there is an even more obvious violation of the Constitution that is
occurring – or rather, being committed by the IRS and the Judiciary. The 16th Amendment states in part:
shall have power to lay and collect taxes on income….
the current tax system and IRS operation there is a clear violation of the
separation of powers clause of the Constitution. Specifically, the Constitution
establishes three separate branches of the government, the Congressional, the
Executive and the Judiciary. Each branch
is given specific powers and responsibilities within the Constitution, and NO branch may exercise the powers of the other two
branches. Briefly, Congress and the Executive cannot conduct trials – that
is reserved to the Judiciary, the Judiciary and the Executive cannot enact Law
– that is reserved to the Congress, and the Congress and the Judiciary cannot
try to run the government on a day to day basis – that is reserved to the
Executive. Now each branch also has
other specific powers given to it, but the above is a very brief outline of the
system of checks and balances created by the Founding Fathers to try and ensure
that our government would never become too heavy handed or oppressive by
exercising too much power against the citizens in an arbitrary or capricious
Now, the I.R.S. is part of the Treasury, which is a
Cabinet level position. And the
“Cabinet” is part of the Executive Branch of the government – all appointed by
the President. So, because the
I.R.S. is organized within the Treasury, it is formally a part of the Executive
Branch of the government, NOT the Congressional branch.
Now, while it may seem completely normal for the
Treasury (in the form of the I.R.S.) to collect tax (that must be deposited in
the Treasury) – the income tax is explicitly ordered to be handled
differently by the language of the authorizing (16th) Amendment, which says:
"CONGRESS shall have power to lay AND COLLECT…
must collect the income tax – not the executive branch of government !!!
Clearly, this Constitutional mandate is being
ignored – it is not being followed.
Congress lays the tax, BUT the Executive, NOT THE CONGRESS, is
collecting it – in clear violation of the specific language of the
Amendment. It is a clear and obvious
VIOLATION of the Separation of Powers clause for the IRS to try and enforce the
collection of the income tax.
The reason why this is so important is because by
allowing the Executive branch to do the dirty work (collection & enforcement),
CONGRESS escapes their ultimate responsibility for the horrors of what the
system has become. You see – we
could vote the entire Congress out of office in just two years if the American
People realized that it is Congress and Congress alone that is responsible for
the tyranny and criminality of the I.R.S.
By separating the two tasks (lay and collect) –
NO ONE BECOMES RESPONSIBLE for the intrusions, thefts and travesties being
committed by the I.R.S. Congress says –
we just pass the laws – we don’t enforce; and the Executive says – we don’t
make the law, we just enforce what we think it says. Each points the finger at the other (how convenient) and
ultimately no one in the government is held responsible or accountable for the
criminal trespasses committed against the citizens by the “system” in the name
Passage of the 16th Amendment (income
tax) was very controversial and accountability to the American People, for both
the level of taxation imposed, and the nature and tactics of the collection and
enforcement operations was considered.
Since Congress makes the law – they were tasked with the ENTIRE
OPERATION of the income tax system, laying and collection – NOT JUST
LAYING THE TAX. That way, it was
felt, that if things got out of hand, the People could vote the collective
Congress out of office in just two
years and elect new candidates that had promised to change the (what had become
over time) now oppressive tax collection operations.
being allowed to un-constitutionally separate themselves from the collection
operation, Congress has been illegally allowed to escape its ultimate
responsibility (and total accountability) for the crimes being committed
against the American People in the name of tax, in the form of the unlawful and
tyrannical acts of the I.R.S. Meanwhile, they (Congress) spend all their time
raising (taking) money from the corporations to get re-elected, too busy to
care or help the average Citizens they are supposed to represent, who are
caught in the bureaucratic, computerized, nightmarish misapplication of the law
that the IRS calls tax collection.
And, surprise, surprise, the Judiciary does
absolutely nothing to uphold the Constitutional requirement that
Congress, NOT THE EXECUTIVE branch of the government, conduct and manage these
tax collection activities –
- FOR SHAME, FOR SHAME !