Today, the Virginia House of Delegates passed a bill to push back against federal indefinite detention powers. The vote was 96-4.
In 2013, Virginia was the first state to pass legislation in response to the indefinite detention powers purportedly authorized in the National Defense Authorization Act (NDAA) of 2012, still active today. That law was a first step, limited in scope, forbidding state agencies, in some situations, from cooperating with some federal attempts to exercise the indefinite detention provisions written into sections 1021 and 1022 of the National Defense Authorization Act.
For 2015, House Bill 2144 (HB2144), sponsored by Del. Benjamin L. Cline (R-Rockbridge), takes things two steps beyond simply refusing to cooperate with federal agents in the event of indefinite detention in Virginia. It sets the stage to create the type of leverage and attention D.C. would not want public if it refuses to cooperate with the state of Virginia.
David Nguyen Activist Post The new ObamaCare1099 rule for reporting of all cash, credit and check business transactions of $600 or more is scheduled to begin January of 2012. This is really an extension of the 2008 Housing and Recovery Act IRS rules that start this January when merchant banks and PayPal will report business sales directly to the IRS (the reporting threshold is $20,000 and 200 transactions a year). These new IRS rules will affect every American: • Income tax collection could rise as much as $345 billion a year • Small businesses will be crushed and unemployment will rise • A cashless economy is further set in motion • IRS snooping and audits will increase • Gold can be tracked • Identity theft is a risk • Government surveillance will increase THE TAX GAP ObamaCare requires that businesses and self-employed individuals submit1099 formsto the IRS for all business purchases of $600 or more. The stated purpose for this is to close the 'tax gap' which is the difference between the amount of what is "owed" and what is paid, due to lack of reporting and under-reporting, and is estimated at $300 billion dollars a year. Last week, the Senate failed torepealthe ObamaCare 1099 rule because they could not agree on how to make up the "lost" revenue that would be generated from strict reporting, which they estimated to be $19 billion over 10 years, which is a GROSS underestimate.
A document from the Senate Committee on Finance in 2009 states that the intention is to close the tax gap (estimated at $345 billion here). If the IRS is 100% successful, they will collect $345 billion a year in extra tax money.
The key issues are under-reporting and non-reporting, so the government's remedy is to require voluminous detailed record keeping and reporting by businesses and private contractors. They want to monitor how much each business brings in and how much they spend, almost down to the penny (or $600 anyway).
According to the Senate document, the IRS targets businesses with assets under $10 million for the 1099-MISC forms, as they found that only 8% of them file the forms. The IRS expects the so-called "voluntary" income reporting rate to jump from the current 46% to 95%. This means that the IRS aims to collect $345 billion a year by requiring mountains of detailed paperwork from businesses and independent freelancers. Individual filers are also targeted by the IRS. Traditionally, the IRS 1099-MISC form has been used primarily to report independent contractor income (a service), but it now includes the sales of goods totaling $600 or more in course of business.
The purchaser or buyer is responsible for issuing 1099 forms for all business transactions. However, this rule applies only to business exchanges, so individuals will be spared from collecting 1099 forms from grocery stores, for example, if the purchases are for personal use and outside of business.
The new measure is reported to have been waiting in the wings for the right opportunity and now that it is law, and with so much money on the line, it will be almost impossible to repeal. Even if it was repealed, the Housing Recovery Act, a companion to ObamaCare tax laws, goes into effect January 2011.
THE HOUSING AND ECONOMIC RECOVERY ACT OF 2008 (HR 3221)
Originally, the 2008 Housing Act required merchant banks and third party processors to report volume business sales of $600 or more to the IRS, but PayPal pressured Congress into raising the reporting threshold to 200 credit transactions and payments over $20,000 a year. Any business that uses a merchant bank account or third party network like PayPal with 200 credit transactions and sales of $20,000 or more needs to keep meticulous records because their financial data will be sent directly to the IRS. This begins January 2011.
This new provision will allow the IRS to supervise credit and debit payment streams that were formerly difficult to track. In the past, the IRS needed a subpoena from a judge to get information from merchant accounts. Now the IRS can spy on merchant accounts and audit without notice. Further, the IRS can guesstimate cash sales based on credit sales and compare those to similar businesses. If the IRS deems the cash sales as being too low, it could trigger an IRS inquiry or audit.
Because merchant banks and third party processors will send data directly to the IRS, they will have access to information not only on the sellers, but also the BUYERS! The volume aggregate sales will be sent directly to the IRS, but records of individual sales will be stored as back up data so the IRS may have access to individual buyer information.
Taxation is a function of government, but now banks and third party processors are part of the equation. Identity theft is a risk for self employed individuals and small businesses that use their Social Security numbers as Tax ID numbers with the new bank tracking system.
OBAMACARE AND THE DEATH OF CASH
Close to 60% of Americans oppose ObamaCare and the new 1099 reporting is a way to offset the cost. While the IRS contends that this is not a new tax, it can be argued that it is new because of the 1099 reporting now includes of sales of goods. Even if some States, businesses and individuals reject ObamaCare and want to opt-out, the taxpayer is still stuck paying the bill.
The IRS is the enforcer of ObamaCare. The IRS has the power steal money from bank accounts, garnish wages, put people in jail and some IRS agents carry guns.
ObamaCare reinstates the original $600 credit sales reporting rules of the 2008 Housing Bill and massively expands it by mandating that EVERY business transaction of $600 or more, whether it is cash, check, credit, or any other thing used for payment, to be reported to the IRS with 1099 forms.
For example, if a freelancer buys more than $600 dollars worth of office supplies over the course of a year from Staples, the individual will be required to 1099 Staples and to collect their Tax ID Number.
Additionally, small businesses and self-employed individuals will receive a 1099 form from each business that they sold over $600 worth of goods or services and will have to supply their Tax ID or Social Security Number to the purchaser.
Doug Shulman, IRS Commissioner, said that credit card and debit card purchases will be exempt from reporting with the 1099 forms because payment processors will already be reporting the transactions to the IRS. Under the guise of eliminating the burden of paperwork for small businesses and independents, this is really a step toward a cashless economy because people will want to avoid the extra paperwork and will embrace electronic transactions.
PayPal stands to benefit tremendously from a cashless economy and increased use.
Imagine a cashless economy where the banks are in charge of access to your money. Recently, the National Australia Bank's had a computer glitch that left millions of people unable to get their own money. Do the bankers really need any more power?
Cost of ruining small business.........$600
Cost of government stupidity.........Trillions
Dreams of the American people waking up and taking action..............Priceless
For everything else, there's MasterCard
GOLD AND SILVER
Gold and other precious metals will also be subject to the new rules, enabling the IRS to track gold ownership. Currently, gold is easy to transfer without tax because its value is intrinsic, or contained within the item itself.
According to the ObamaCare mandate, when precious metal dealers buy jewelry, coins or bullion from businesses or individuals they will be required to submit a 1099 form with Tax ID numbers or Social Security numbers from the sellers, which includes private individuals.
IRS EXPANSION
The government has expanded the power of the IRS in order to collect revenue that could be as high as $345 billion in taxes a year. The IRS is expected to add 16,500 new auditors, examiners and support staff. In 2009, the IRS employed over 93,000 people which includes 50,000 employees that work in the IRS examination, collection and investigation fields. The IRS spent only 50 cents for every $100 it collected.
In 2009, about 150 million income tax returns were filed and over 70 million people, or 42%, owed no income tax due to tax credits, deductions and exemptions, which are forms of welfare.
It is estimated that up to 30 million people do not file income tax returns at all. About 10 million of these people have paper trails following them because they receive W-2 or 1099 forms. The other 20 million deal in cash, have no records for wages or pensions or are affluent non-filers. However, failure to file a tax return can be like playing Russian roulette; while the current IRS audit rate is only about 1%, that number will increase with the addition of the 16,500 new agents.
WHO PAYS TAXES?
According to "The Great American Tax Dodge", the IRS is far more apt to go after middle-income non-filers and does not fully investigate affluent non-filers. The IRS uses the lame excuse that the rich may under-state the taxes owed and that the IRS would prefer nothing over under-stated taxes. It is more likely that the IRS avoids investigating the rich because they have resources to oppose the IRS. The IRS is more apt to harass middle income earners who pay fines easily without a fight.
In 2009, small businesses employed half (60 million) of private sector non-agricultural workers; 15.5 million of those were self employed individuals. The IRS collected $1.36 TRILLION from individuals and $395 billion from corporations in 2007.
Most large American corporations like GE, Exxon, Google, MicroSoft and Berkshire Hathaway that have international operations pay very little or no taxes at all. This is accomplished by routing money through foreign countries with different tax laws and other loopholes.
While this may anger people, it is important to remember that corporations pass taxation costs on to the consumer, so the people buying the products bankroll corporate taxes.
CONCLUSIONS:
The left/right paradigm is an illusion: Bush's Housing Bill of 2008 and ObamaCare are companions. It is worth noting that both parties work together to accomplish the same agenda. In this case, it is total financial control, pressuring the middle class for hundreds of billions of dollars more in taxes and moving toward an electronic-based economy that shuns cash. This is a very important point because people must give up this illusion in order to elect Constitutional leaders.
Many struggling small businesses will be crushed underneath the pressure of painstaking record-keeping, productivity loss and increased taxes. Failure of small businesses will create more unemployment. More unemployment will result in more welfare and reliance on the government. The government will then want more tax money.
The best way to cut the Gordian Knot is a clean sweep of these complicated and unfair laws.
SOLUTIONS:
Right now, individuals have the choice to protect their assets and privacy by turning away from credit and debit cards and trading in cash, precious metals and barter. This would also bolster local economies.
The simplest way to get rid of ObamaCare is to forgo the lengthy repeal and litigation processes. The States can nullify this new law even before it goes into effect. If enough States nullify ObamaCare, it becomes invalid.
The 10th Amendment Center has written nullification legislation to get rid of ObamaCare.
The Corporate Excise Tax of 1909 is a separate animal from the 16th Amendment income tax established in 1913. The cleanest way to eliminate IRS tyranny is for the States to nullify the 16th Amendment because it opposes the Constitution- it is a direct tax that fails uniform application.
The most accessible power lies with the States, so it is crucial to support Constitutional leaders who will apply the Tenth Amendment.
In a discussion about Texas governor Rick Perry, CNN’s Rick Sanchez told Wayne Slater of the Dallas Morning News that “people of color” consider the Constitution — in particular the Tenth amendment — racist. Sanchez made his comment at 1:45 in the following video.
In essence, Sanchez said that if you believe that powers not granted to the federal government nor prohibited to the states by the Constitution are reserved to the states, you’re a racist. Sanchez’s remark is an obtuse reference to nullification, John C. Calhoun, and slavery.
In the 1840s and 1850s, the federal government tried to impose the Fugitive Slave Acts of 1793 and 1850 and school segregation through Brown v. Board of Education on the Southern states. It was argued that these measures were unconstitutional and that the states had the inherent power to prevent the federal government from enforcing them within their borders.
In response to the Alien and Sedition Acts in 1798, Thomas Jefferson and James Madison wrote the Kentucky and Virginia Resolutions, which provide a classic statement in support of states’ rights. Jefferson and Madison declared the Union is a voluntary association of states, and if the federal government violates that voluntary association with unconstitutional laws the states have the right to nullify those laws. The states, they wrote, “are not united on the principle of unlimited submission to their general government” and “each party has an equal right to judge for itself, as well of infractions as of the mode and measure of redress.”
Nine states have passed resolutions reaffirming the principles of sovereignty under theConstitution and the 10th Amendment over the last year. The political opportunist Rick Perryexploited this trend last April at an anti-tax rally in Austin when he said Texans might get so fed up with the federal government they would want to leave the union. Democrats and other advocates of federal power over the states had a field day with Perry’s secession comment. “Talk of secession is an attack on our country. It can be nothing else. It is the ultimate anti-American statement,” declared Rep. Jim Dunnam of Waco.
CNN and the corporate media have since used Perry’s comment as a lightning rod to portray constitutionalists as racist troglodytes. It is no mistake during the above clip CNN decided to show the consummate politician and opportunist Rick Perry parading around on horse back dressed in cowboy regalia. It underscores the stereotype of the white Southern massa lording over cotton field slaves. It reaffirms the racist narrative and attempts to drive people away from the sovereignty movement.
States’ rights as a not so subtle codeword for racism is now a corporate media talking point. In February, the teleprompter reader Chris Matthews at MSNBC compared Texan political candidate Debra Medina to John Calhoun after she defended the principles of interposition and nullification in response to the encroachments of the federal government.
None of this is accidental. It is imperative that the establishment attack the Constitution and the Bill of Rights if they are going to realize the globalist plan to merge our once proud constitutional republic into a world government. In addition to portraying the Constitution as a racist manifesto, they are attempting to criminalize the Tea Party and take down its political candidates.
There are a few core beliefs that guide me in everything I do as the founder of the Tenth Amendment Center
1. Rights are not “granted” to us by the government – they are ours by our very nature, by our birthright.
2. ALL just political authority is derived from the people – and government exists solely with our consent!
3. We the people of the several states created the federal government – not the other way around!
4. The Tenth Amendment defines the total scope of federal power as being that which has been delegated by the people to the federal government in the Constitution – and nothing more.
5. The People of each State have the sole and exclusive right and power to govern themselves in all areas not delegated to their government.
6. A Government without limits IS A TYRANNY!
7. When Congress enacts laws and regulations that are not made in Pursuance of the powers enumerated in the Constitution, the People are not bound to obey them.
These seven items – are what establish the proper role of government under the constitution. But sadly, an honest reading of the constitution as the founders and ratifiers gave it to us makes clear that MOST of what D.C does today is NOT authorized by the constitution.
Question – What do we do about it?
Do we lobby congress and ask federal politicians to limit federal power? Do we go to federal courts and ask federal judges to limit federal power? Do we vote the bums out in the hopes that the new bums will limit their own power?
Thomas Jefferson and James Madison both warned us that if the federal government ever became the sole and exclusive arbiter of the extent of its own powers – that power would endlessly grow…regardless of elections, separation of powers, courts, or other vaunted parts of our system…..
They were right. For a hundred years, we the people have been suing, and marching, and lobbying, and voting the bums out – but yet…year in and year out, government continues to grow and your liberty continues to diminish – and it doesn’t matter who is the president, or what political party controls congress – the growth of power in the federal government never stops.
The problem we face today is about power – and until we address the absolute fact that the federal government has too much power, things will never change.
Question – What do we do about it?
Answer – Jefferson, Madison and others advised us on what we should do when 2 or more branches conspired against the constitution and your liberty….and it’s best described with a few quotes from Jefferson:
“the several States composing the United States of America, are not united on the principle of unlimited submission to their General Government”
But wait – that’s not all. He went on to say that all undelegated powers exercised by the federal government are “unathoritative, void and of no force.” And, that a “nullification of the act is the rightful remedy.”
NEW MOVEMENT
In 2007, Maine…one state rep introduced a non-binding resolution opposing the REAL ID Act
In 2008, two state legislators in Oklahoma introduced a simple non-binding resolution reaffirming the Constitution as defined by the 10th amendment,
In 2009, one state rep in Montana introduced a Firearms Freedom Act, to nullify some federal gun laws and regulations
In 2009, one state rep in AZ introduced a Health Care Freedom Act, effectively banning a national health care plan in the state.
• Already nearly a dozen states have passed 10th amendment resolutions
• 25 states have stopped the real id act dead in its tracks in most of the country.
• 8 states have passed binding laws nullifying some federal gun laws and regulations in their state – including Wyoming, which included a penalty of a fine and imprisonment for fed agents violating the state law
• And 5 states have already passed laws to nullify federal health care mandates – with more on the way.
The reality is this – when enough people say no to the federal government, and enough states pass laws saying no to the federal government – they will not be able to enforce their unconstitutional mandates on us.
ROSCOE FILBURN
During the Great Depression, while millions of people were out of work or starving, the FDR administration required American farmers to restrict production of wheat in order to raise prices.
As a farmer, Roscoe Filburn was told he could plant a little over 10 acres of wheat, which he did grow and sell on the market. He also decided that it was in his best interest – possibly because he had less revenue due to the production limitations – to plant another 10 or so acres. But, the “excess” wheat grown was used at home to feed his livestock, among other things. He never sold it, so he saw this as being outside the scope of Congressional power to regulate “interstate commerce.”
What did the federal government do? The expected – they ordered Roscoe to destroy his crops and pay a fine. Think about that for a moment and you’ll really understand the evil of having too much power in too few hands. At a time when large numbers of people were starving, these thugs in government forced people to reduce production for the sake of raising prices. From this, it seems clear to me that corporate bailouts have been going on a long, long time in America.
Roscoe sued, and the case went all the way to the Supreme Court. In Wickard v Filburn, the Court ruled against him and the result was that the Federal Government assumed a power that was new in the history of this country. It now had the power to control the growing and consuming of something that never left one’s back yard.
LOST LIBERTY
John Adams, In 1775 he wrote, “liberty once lost, is lost forever.” He went on to explain that when the People allow government to gain power and restrict liberty, it will never voluntarily give that power back. Liberty given up to government power will never be returned to the people without a long and difficult struggle.
If we fast forward to present times, we can see this principle at work.
ANGEL RAICH
In the 1990s, the People of California voted to legalize consumption of marijuana for medicinal purposes. Angel Raich, who has a huge cancerous tumor in her brain was told by her doctor and California law that using marijuana to relieve some of the pain associated with her cancer was acceptable.
The Feds don’t take too kindly to states passing laws in direct contravention to theirs. Marijuana, for example, is illegal on a federal level in all circumstances, and federal agencies have consistently said they don’t recognize state laws. You can probably guess what happened, right?
Federal agents destroyed Angel’s homegrown marijuana plants without much resistance. Like Roscoe before her, Angel sued. The suit went all the way to the Supreme Court, and in Gonzales v Raich, Angel lost. The 2005 ruling made clear that the federal government did not recognize state laws authorizing the use of marijuana – in any situation.
In his dissent, Justice Clarence Thomas gave a stark warning:
“If the Federal Government can regulate growing a half-dozen cannabis plants for personal consumption…then Congress’ Article I powers…have no meaningful limits. Whether Congress aims at the possession of drugs, guns, or any number of other items, it may continue to appropria[te] state police powers under the guise of regulating commerce.”
WHAT THE…?
You might be asking, “What’s the point of this?” Well it’s pretty simple. The constitution is not about political parties. It’s not about political ideologies. It’s about liberty. It’s about limiting the federal government to certain enumerated powers so the most difficult and most divisive issues can be dealt with where they belong – close to home.
Even though she lost the case, Angel indicated she’d continue to use marijuana. At the time of the ruling, there were 10 states that had such laws. Not one of them has been repealed. Since then, another 4 states have passed similar laws, and many others are considering them, including South Dakota, Kansas, and New Hampshire.
This is the lesson, the blueprint – the Supreme Court may have an opinion on Obamacare, but let them come and enforce it! They may have an opinion on the EPA and Cap and Trade, but we don’t have to go along with it. And if Texas does what she should be doing – which is following the Constitution every issue, every time, no exceptions, no excuses – she would say no to every federal gun law, she would say no to all the EPA, she would say no to all the Obamacare mandates, and maybe even the marijuana laws too.
The reality is this – we don’t need approval from the federal government to stand up for our rights. We need to stand up for them whether they want us to or not!
LIBERTY
Over the past 2 years, I’ve been interviewed by mainstream media sources literally dozens of times. And whether it’s Fox News, or CNN, or the New York Times, the reporters invariably ask the same question, “What political party do you support?” Each time, I give them the same answer, “The Tenth Amendment Center is a non-partisan think tank that supports the principles of strictly limited constitutional government.”
They always have virtually the same follow up question too – “what about you? As the founder of the Center, what’s your political background, what political party do you support?”
“None,” I tell them. I don’t know if they believe me, but it’s true.
I’m no conservative, and I’m no liberal. I’m not a Democrat or a Republican. And I’m not a green or a libertarian, or a socialist or an anarchist. I’m not even an independent.
All I am is me, and all I want is to live free. Thank you for joining me…
