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"Prescident" Obama: A reason to not pay income taxes
Joseph Siegel of the George Washington Law School ^ | 12/17/08 | Polarik

Posted on 12/17/2008 5:00:47 PM PST by Polarik

If Barack Hussein Obama is allowed to take the Oath of Office, he will have done so by skirting around the requirements of Section 1, Article II, of the US Constitution. If the POTUS can ignore Section 1, Article II, then every citizen who is required to pay income tax under Section 8, Article I, and the 16th Amendment, should follow the lead of the President and skirt around those problematic provisions, as well.

Obama's Presidency will not only be illegitimate ib Constitutional terms, but also illegitimate according to the Declaration of Independence, which proclaimed that "governments are instituted among men deriving their just powers from the consent of the governed." Those among us who still believe that Presidents should br held accountable to the Constitution will not give our consent to a government led by a person unjustly becoming our President.

Any tax plan proposed and/or approved by the President could be treated as "illegal taxation," as the President will not have the Constitutional authority to sign any tax bills (or any other for that matter).

Since Barack Obama truly believes that he does not have to prove his Constitutional qualifications, then neither should any citizen of the United States who believes in his heart that he or she does not have to pay income taxes. This same citizen cannot be charged for failing to file his income tax if he truly believes that he is not required to do so.

According to Cheek v. United States, 498 U.S. 192 (1991), the Supreme Court noted that the statute making it a crime to fail to pay federal income taxes provides that the crime is committed only by someone who “willfully” fails to pay. The Supreme Court held that someone who truly believes that the law does not require him to pay taxes has not committed the crime of willfully failing to pay, even though his belief is wrong.

Although the belief that you don’t have to pay taxes does not relieve you of your obligation to pay, it means that failure to pay will not be a crime. If you owe taxes, you owe them, regardless of any erroneous beliefs you may have.

Also, the Supreme Court placed some limits on the sources of permissible good faith beliefs that one doesn’t owe taxes. The Court held that it is not a defense to a charge of willfully failing to file that one believed the income tax laws were unconstitutional. So if the reason you think you don’t owe taxes is that you believe the tax laws are unconstitutional, that’s not a defense.

It might be interesting if there were several thousand tax protesters claiming this.


TOPICS: Government; History; Politics; Society
KEYWORDS: bho2008; birthcertificate; certifigate; constitution; obama; taxes; thisishumor
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1 posted on 12/17/2008 5:00:47 PM PST by Polarik
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To: Polarik; Taxman; Principled; EternalVigilance; phil_will1; kevkrom; Bigun; PeteB570; FBD; ...
Congress has provided since 1999 another and permanent method not to pay taxes. It called The Fair Tax Act(HR25/S1025. It will replace federal income taxes with a consumption/national sales tax and abolish the IRS. Fair Tax ping!


2 posted on 12/17/2008 5:06:05 PM PST by Man50D (Fair Tax, you earn it, you keep it!)
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To: Polarik

i’m sure the irs will agree.

/s


3 posted on 12/17/2008 5:09:59 PM PST by ken21 (people die and you never hear from them again.)
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To: ken21
i’m sure the irs will agree.

Ya know, I've often wondered, why, when we outnumber the IRS several thousand to one, we have to put up with the crap and abuse they often mete out.

4 posted on 12/17/2008 5:13:22 PM PST by IYAS9YAS (Hey Obama, why lawyer up when you can pony up? Show us your vault copy BC)
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To: Polarik

Oh yeah, that’ll work...


5 posted on 12/17/2008 5:18:56 PM PST by bigbob
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To: Polarik

Garbage. Tax protestors will all end up bearing a number.


6 posted on 12/17/2008 5:22:42 PM PST by Jim Robinson (We ARE the dissent, baby!)
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To: IYAS9YAS

because they have the local police, sheriff’s department, state police, FBI, US Marshals, IRS agents, and the courts to seize your property all while looking down the barrel of a gun.


7 posted on 12/17/2008 5:22:54 PM PST by Ouderkirk (Democrats: the party of Slavery, Segregation, Sodomy and Sedition)
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To: IYAS9YAS

true.

but, the vast majority of americans do not agree with you

or,

have families to support and are unwilling to take the risk.

when you convert the majority to your view and get them to take action, you will win.


8 posted on 12/17/2008 5:25:20 PM PST by ken21 (people die and you never hear from them again.)
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To: Polarik

Something really bad would have to happen to get a large group riled enough to risk losing their homes and assets..maybe even going to jail. Just a thought but
i think a more acceptable plan right now is for tax payers to live on 25% less. Watch your taxable spending. Work 4 days a week instead of 5. Starve the tax and spenders out.
if they raise a tax or add a fee match them with a cut back else where.


9 posted on 12/17/2008 5:30:58 PM PST by CindyDawg (Lord, please bless America)
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To: All

How about paying MOST of your taxes but being short on a little amount like say $5 dollars? That will drive the IRS crazy with paper work, keep you out of serious trouble and send a message.


10 posted on 12/17/2008 5:34:27 PM PST by Kid Shelleen (Barack the Messiah: Never in the field of US politics have so many waited so long for so little.)
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To: IYAS9YAS

Because the IRS has the guns and the will to use them on their fellow citizens.

You, and all the other Internet Rambo’s, do not.


11 posted on 12/17/2008 5:36:58 PM PST by Old Sarge (For the first time in my life, I am ashamed to be an American)
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To: ken21

http://hackerfactor.com/blog/index.php?serendipity[action]=search&serendipity[searchTerm]=polarik


12 posted on 12/17/2008 5:45:13 PM PST by njusa (lurkers do join, once in a while)
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To: njusa

image analysis makes more sense.


13 posted on 12/17/2008 5:50:10 PM PST by ken21 (people die and you never hear from them again.)
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To: Polarik

One major, major problem with illegal immigration is that they end up collecting welfare. Whose going to get stuck paying for Obama’s worldwide welfare system? Note that job openings for welfare positions require an applicant to speak Spanish.

http://www.rallycongress.com/constitutional-qualification/1244


14 posted on 12/17/2008 5:50:32 PM PST by real_patriotic_american
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To: Old Sarge

Because the IRS has the guns and the will to use them on their fellow citizens.

You, and all the other Internet Rambo’s, do not.

True words Old Sarge. But I know the word for it. Tyranny. The question is, how long will we all bear it?


15 posted on 12/17/2008 5:50:47 PM PST by KittenClaws
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To: Polarik

Your post is your version of what the source says.


16 posted on 12/17/2008 5:53:15 PM PST by kenavi ("Before you think what you want to think, be sure you know what you ought to know.")
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To: Polarik
...every citizen who is required to pay income tax under Section 8, Article I, and the 16th Amendment, should follow the lead of the President and skirt around those problematic provisions, as well.

I sold everything, cashed in everything and am now working under the table.

F the POS-elect and his band of theives.

17 posted on 12/17/2008 5:57:10 PM PST by realdifferent1 (We've tried the soap box, jury box and ballot box. Only one box left and it's time to use it.)
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To: sneakers

bump!


18 posted on 12/17/2008 6:00:51 PM PST by sneakers
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To: Polarik
Enjoy prison
19 posted on 12/17/2008 6:21:25 PM PST by MilspecRob (Most people don't act stupid, they really are.)
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To: KittenClaws

HOw long will we bear it?

Until the moment the bullet enters our skulls, right after we praise the name of The One (piss be upon him).


20 posted on 12/17/2008 6:37:12 PM PST by Old Sarge (For the first time in my life, I am ashamed to be an American)
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