It is a fact that there are only three Federal crimes provided for in the Constitution: treason, piracy and counterfeit. The Interstate Commerce Act has been used to expand the authority of the Federal government over inter-state activities, But Title 26 charges do not relate to interstate activities.
The Federal crimes provided for by Title 18 (POSITIVE LAW) include:
UNITED STATES CODE
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
THIS TITLE WAS ENACTED BY ACT JUNE 25, 1948 (into positive law -ed. note), CH. 645, SEC. 1, 62 STAT. 683
PART I - CRIMES
Chapt. 1. General provisions Chapt. 2. Aircraft and motor vehicles Chapt. 3. Animals, birds, fish, and plants Chapt. 5. Arson Chapt. 7. Assault Chapt. 9. Bankruptcy Chapt. 10 Biological Weapons (FOOTNOTE 1)
Chapt. 11. Bribery, graft, and conflicts of interest Chapt. 11A. Child support Chapt. 12. Civil disorders Chapt. 13. Civil rights Chapt. 15. Claims and services in matters affecting government Chapt. 17. Coins and currency Chapt. 17A. Common carrier operation under the influence of alcohol or drugs Chapt. 18. Congressional, Cabinet, and Supreme Court assassination, kidnapping, and assault Chapt. 19. Conspiracy Chapt. 21. Contempts Chapt. 23. Contracts Chapt. 25. Counterfeiting and forgery Chapt. 27. Customs Chapt. 29. Elections and political activities Chapt. 31. Embezzlement and theft Chapt. 33. Emblems, insignia, and names (FOOTNOTE 2)
Chapt. 35. Escape and rescue Chapt. 37. Espionage and censorship Chapt. 39. Explosives and combustibles (FOOTNOTE 3)
Chapt. 40. Importation, manufacture, distribution and storage of explosive materials Chapt. 41. Extortion and threats Chapt. 42. Extortionate credit transactions Chapt. 43. False personation Chapt. 44. Firearms Chapt. 45. Foreign relations Chapt. 46. Forfeiture Chapt. 47. Fraud and false statements Chapt. 49. Fugitives from justice Chapt. 50. Gambling Chapt. 50A. Genocide Chapt. 51. Homicide Chapt. 53. Indians Chapt. 55. Kidnapping Chapt. 57. Labor Chapt. 59. Liquor traffic Chapt. 61. Lotteries Chapt. 63. Mail fraud Chapt. 65. Malicious mischief Chapt. 67. Military and Navy (Chapt. 68. Repealed.) Chapt. 69. Nationality and citizenship Chapt. 71. Obscenity Chapt. 73. Obstruction of justice Chapt. 75. Passports and visas Chapt. 77. Peonage and slavery Chapt. 79. Perjury Chapt. 81. Piracy and privateering Chapt. 83. Postal service Chapt. 84. Presidential and Presidential staff assassination, kidnapping, and assault Chapt. 85. Prison-made goods Chapt. 87. Prisons Chapt. 89. Professions and occupations Chapt. 91. Public lands Chapt. 93. Public officers and employees Chapt. 95. Racketeering Chapt. 96. Racketeer influenced and corrupt organizations Chapt. 97. Railroads (Chapt. 99. Repealed.) Chapt. 101. Records and reports Chapt. 102. Riots Chapt. 103. Robbery and burglary Chapt. 105. Sabotage Chapt. 107. Seamen and stowaways Chapt. 109. Searches and seizures Chapt. 109A. Sexual abuse Chapt. 110. Sexual exploitation and other abuse of children Chapt. 111. Shipping Chapt. 113. Stolen property Chapt. 113A. Terrorism Chapt. 114. Trafficking in Contraband Cigarettes (FOOTNOTE 4)
Chapt. 115. Treason, sedition, and subversive activities Chapt. 117. Transportation for illegal sexual activity and related crimes Chapt. 119. Wire and electronic communications interception and interception of oral communications (FOOTNOTE 5)
Chapt. 121. Stored wire and electronic communications and transactional records access
PART II - CRIMINAL PROCEDURE
Chapt. 201. General provisions Chapt. 203. Arrest and commitment Chapt. 204. Rewards for information concerning terrorists acts (FOOTNOTE 1)
Chapt. 205. Searches and seizures Chapt. 206. Pen Registers and Trap and Trace Devices (FOOTNOTE 2)
Chapt. 207. Release and detention pending judicial proceedings Chapt. 208. Speedy trial Chapt. 209. Extradition Chapt. 211. Jurisdiction and venue Chapt. 213. Limitations Chapt. 215. Grand jury Chapt. 216. Special grand jury Chapt. 217. Indictment and information Chapt. 219. Trial by United States magistrates Chapt. 221. Arraignment, pleas and trial Chapt. 223. Witnesses and evidence Chapt. 224. Protection of witnesses Chapt. 225. Verdict Chapt. 227. Sentences Chapt. 229. Post-Sentence Administration (FOOTNOTE 3)
Chapt. 231. Repealed Chapt. 232. Miscellaneous Sentencing Provisions (FOOTNOTE 2) Chapt. 232A. Special forfeiture of collateral profits of crime Chapt. 233. Contempts Chapt. 235. Appeal (Chapt. 237. Repealed.)
PART III - PRISONS AND PRISONERS
Chapt. 301. General provisions Chapt. 303. Bureau of Prisons Chapt. 305. Commitment and transfer Chapt. 306. Transfer to or from foreign countries Chapt. 307. Employment Chapt. 309. Repealed Chapt. 311. Repealed Chapt. 313. Offenders with mental disease or defect Chapt. 314. Repealed Chapt. 315. Discharge and release payments Chapt. 317. Institutions for women Chapt. 319. National Institute of Corrections
PART IV - CORRECTION OF YOUTHFUL OFFENDERS
Chapt. 401. General provisions Chapt. 402. Repealed Chapt. 403. Juvenile delinquency
PART V - IMMUNITY OF WITNESSES
§ 6001. Definitions. § 6002. Immunity generally. § 6003. Court and grand jury proceedings. § 6004. Certain administrative proceedings. § 6005. Congressional proceedings.
Now you show me tax crimes provided in Title 18 - FEDERAL CRIMES.
These rules govern the procedure in all criminal proceedings in the courts of the United States as defined in Rule 54(c);...
The term "Courts of the United States" is not specifically defined so Rule 1 puts us on notice that the scope of the criminal proceedings cognizable in the Courts of the United States is found in the definitions in Rule 54(c). Ommitting irrelevant definitions, Rule 54(c) states:
Rule 54(c) Application of terms. As used in these rules the following terms have the designated meanings.
"Act of Congress" includes any act of Congress locally applicable to and in force in the District of Columbia, in Puerto Rico, in a territory or in an insular possession.
"Federal Magistrate" means a United States magistrate as defined in 28 USC Sec. 631-639. a judge of the United States or another judge or judicial officer specifically empowered by statute in force in any territory or possession, the Commonwealth of Puerto Rico, or the District of Columbia, to perform a function to which a particular rule relates.
"Judge of the United States" includes a judge of a district court, court of appeals,or the Supreme Court.
"Law" includes statutes and judicial decisions.
"State" includes District of Columbia, Puerto Rico, territory and insular possessions. =====================
Were you in any of these places ?
By use of the word "includes" in the definition of "State" those areas NOT listed are EXCLUDED. This means that not one of the fifty States is included in this definiton of the term "State". With this we are told that criminal proceedings in the courts of the United States are limited to the District of Columbia, Puerto Rico, and a territory or in an insular possession; which is backed by the definition of "Act of Congress" and confirms the knowledge of the U.S. courts that Congress is limited to making laws applicable to its own employees and the District of Columbia, Puerto Rico, territories and insular possessions of the United States government.
I know that this is not what attorneys are taught to argue, but this is what they should be arguing in defense of their clients' best interests, rather than allow the government its presumption of authority.
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