The Supreme Court is bound by the Constitution. In Article I, Section 8, the Constitution grants jurisdiction to the federal government to regulate three areas of commerce: “To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes” - in other words, foreign commerce, interstate commerce, and Indian commerce.
The 16th Amendment, the income tax, has been the subject of many Supreme Court decisions. The IRS always cites to the Brushaber v. Union Pacific R.R. Co., 240 U.S. 1 (1916), to inform the public that the income tax was held to be constitutional by the Supreme Court. What the IRS doesn’t inform the public about Mr. Frank Brushaber, the central character in the Supreme Court case, is that he was a withholding agent for several foreign investors in the Union Pacific Railroad, acting as their fiduciary.
The Supreme Court, obviously being aware of all of the pertinent details, ruled in the Brushaber case that the federal government always had the power to tax income as an excise tax and, therefore, the 16th Amendment is constitutional.
The Supreme Court then ruled in the very next case it decided, Stanton v. Baltic Mining, 240 US 103 (1916), the following: “… that by the previous ruling it was settled that the provisions of the Sixteenth Amendment conferred no new power of taxation, but simply prohibited the previous complete and plenary power of income taxation possessed by Congress from the beginning from being taken out of the category of indirect taxation to which it inherently belonged and being placed in the category of direct taxation subject to apportionment by a consideration of the sources from which the income was derived…”. The ”previous ruling” cited in the Stanton decision was referring to the Brushaber decision.
A few years later the Supreme Court again ruled upon the 16th Amendment’s effect on the federal government’s power of taxation. In Peck & Co. v. Lowe, 247 US 165 (1918), the Supreme Court stated, in part: “The Sixteenth Amendment … does not extend the taxing power to new or excepted subjects …”.
The Supreme Court decisions above all inform everyone that no new power of taxation was granted to the federal government by the 16th Amendment. These decisions all inform everyone that the federal government always had the power to tax income from the beginning. Since no new power of taxation was granted to the federal government by the 16th Amendment and the federal government was held to always have had the power to tax income, then the revenue that’s being derived by the federal government from an income tax must come from one of the regulated commerce jurisdictions granted to the federal government by the Constitution – therefore, this revenue must come from foreign commerce, interstate commerce, or Indian commerce. After all, generating income is a commercial activity.
The Supreme Court ruled exactly that in Eisner v. Macomber, 252 U.S. 189 (1920), where the Court stated the following: “The 16th Amendment must be construed in connection with the taxing clauses of the original Constitution and the effect attributed to them before the Amendment was adopted.”.
By realizing that Mr. Frank Brushaber was a fiduciary for foreign investors in the Union Pacific Railroad, it becomes obvious that the revenue being derived by the federal government from the income tax must come from foreign commerce.
After the Brushaber and Stanton Supreme Court decisions were rendered, the Treasury Department issued its own decision, Treasury Decision 2313 (TD 2313). TD 2313 was issued to “collectors of internal revenue” and it stated that the Internal Revenue Form 1040 is to be used only by the fiduciary of a nonresident alien who has received interest from bonds and dividends on the stock of domestic (US) corporations on behalf of that nonresident alien. This Treasury Decision, which was based upon the Supreme Court decisions, confirms the foreign commerce nature of the income tax.
The statutes that make up the Internal Revenue Code must, therefore, be read in mind with the above Supreme Court decisions as well as the following Supreme Court decision:
“It is elementary law that every statute is to be read in the light of the Constitution. However broad and general its language, it cannot be interpreted as extending beyond those matters which it was within the constitutional power of the legislature to reach.” – McCullough v. Com of Virginia, 172 U.S. 102 (1898).
The Social Security scam was created to enslave free, sovereign Americans. An American applying for a Social Security number has become a federal employee by joining a partnership (the Social Security number is the partnership number) that is attributing an undistributed dividend to that American as a partner in that partnership, said dividend being the link to foreign commerce that subjects that American to Treasury Decision 2313 and the requirement to file an Internal Revenue Form 1040. The undistributed dividend, known as a patronage dividend within the Internal Revenue Code, is offset by the American’s foreign tax credit, FICA.
The Internal Revenue Form 1040 has a large section titled “Tax and Credits”. Within that area are various credits that can be claimed by attaching the corresponding form, for instance: Form 2441 for credit for child and dependent care expenses, Schedule R for credit for the elderly or the disabled, Form 8863 for education credits, Form 5695 for residential energy credits, Form 8880 for retirement savings contributions, etc. However, the foreign tax credit line states “Attach Form 1116 if required”. It only states “if required” because the Form 1040 automatically is claiming a foreign tax credit, FICA. FICA is a possession tax as stated at 26 USC Section 7655, and the possessions are treated as foreign countries (26 USC Section 865 and Section 872 for example). This makes FICA a foreign tax and it is the credit that is used to offset the earnings represented by the undistributed patronage dividend.
Social Security is the biggest fraud ever instituted – making a free, sovereign American nothing more than a subservient slave for the federal government. The federal government (actually its owners, the international counterfeiters who have bankrupted the federal government) has had to contrive this incredible fraud in order to get around the bedrock of America – the Declaration of Independence which states that “all men are created equal”. Since all men (and women) are created equal, no one American or group of Americans may initiate fraud or force against another American or group of Americans, including the government, which is simply made up of other Americans. No one may convey a power to any government agent that that person does not have. In other words, Americans can not vote to give a power to the government that Americans do not have to begin with. The government and its owners, the international counterfeiters (the Federal Reserve) know that the government has no power over free, sovereign Americans. The prohibition, the depression, and wars have all been masterfully engineered in order to get Americans to give up their sovereignty by enrolling in Social Security.