What regulatory law is that? The Public Law (that which has been enacted into law by Congress) as regards the income tax and witholding thereof has been held to be quite constitutional and to be enforcable upon the individual citizen:
That issue exactly is what is disputed, and is what the defendant wanted to tell the jury..
That is the point of this thread.
No one disputes that these 'laws' exist.
I would hope not for they are to be found in the public record in US Statutes and organized in the published volumes US Code Title 23. Though the evidence of this thread shows there are many who would pretend to doubt the existence of such laws:
spacewarp: "because they couldn't find a criminal code he was in violation of, so they just charged him with failure to comply."
gargantua: "Does this alleged but unsubstantiated law even exist? "
sopwith: "Does this alleged but unsubstantiated law even exist?" Okay, you say (pretend to know...?) that it does exist. Chapter and verse of the Code, please."
Their constitutionality is disputed. Only by those in denial, certainly not by the Supreme Court.
Many, if not most responsible people admit that the income tax 'codes' are insane.
Those who defend them are the ones in denial.
Many, if not most responsible people admit that the income tax 'codes' are insane.
As a matter of personal opinion, yes.
As a matter of law, they exist, they are within the authority of Congress to enact, and they have been repeatedly upheld and found to be constitutional by the Supreme Court. From the first statute regarding income taxes the Courts have made it clear what must be done to remove these "insane" statutes.
Springer v. United States(1880), 102 U.S. 586
"The central and controlling question in this case is whether the tax which was levied on the income, gains, and profits of the plaintiff in error, as set forth in the record, and by pretended virtue of the acts of Congress and parts of acts therein mentioned, is a direct tax." "Our conclusions are, that direct taxes, within the meaning of the Constitution, are only capitation taxes, as expressed in that instrument, and taxes on real estate; and that the tax of which the plaintiff in error complains is within the category of an excise or duty." "[W]henever the government has imposed a tax which it recognized as a direct tax, it has never been applied to any objects but real estate and slaves." "If the laws here in question involved any wrong or unnecessary harshness, it was for Congress, or the people who make congresses, to see that the evil was corrected.
The remedy does not lie with the judicial branch of the government."MCCRAY v. U S, 195 U.S. 27 (1904)
- "'But if what Congress does is within the limits of its power, and is simply unwise or injurious, the remedy is that suggested by Chief Justice Marshall in Gibbons v. Ogden [9 Wheat. 1, 6 L. ed. 23], when [195 U.S. 27, 56] he said: 'The wisdom and the discretion of Congress, their identity with the people, and the influence which their constituents possess at elections, are, in this, as in many other instances, as that, for example, of declaring war, the sole restraints on which they have relied, to secure them from its abuse. They are the restraints on which the people must often rely solely, in all representative governments."
- "Let us concede that if a case was presented where the abuse of the taxing power was so extreme as to be beyond the principles which we have previously stated, and where it was plain to the judicial mind that the power had been called into play, not for revenue, but solely for the purpose of destroying rights which could not be rightfully destroyed consistently with the principles of freedom and justice upon which the Constitution rests, that it would be the duty of the courts to say that such an arbitrary act was not merely an abuse of a delegated power, but was the exercise of an authority not conferred. "
So get after your Congress critter's already, there is where both the problem and the solution lay. Not bust one's brains out against the brick wall of the Courts.
Those who defend them are the ones in denial.
Who is defending the income/payroll taxes? The law is what it is, change should be made, but the courts are not the answer to that. Legislation and Constitutional amendment are.
John Linder (R Georgia) offers a comprehensive bill to kill all income and payroll taxes outright, and provide a IRS free replacement:
H.R.25
SPONSOR: Rep Linder, John (introduced 01/7/2003)
A bill to promote freedom, fairness, and economic opportunity by repealing the income tax and other taxes, abolishing the Internal Revenue Service, and enacting a national retail sales tax to be administered primarily by the States.
Refer: http://www.fairtax.org & http://www.salestax.org
I suggest you start putting your efforts into changing the law instead of railing against it to no end.