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rojo's avatar

Have you ever heard of "The Law That Never Was", a claim that the 16th Amendment was not legally ratified, and what are your thoughts on it?

Asked by rojo (24179points) June 20th, 2014

According to research done by a former criminal investigator, William Benson, the 16th Amendment to the Constitution was not legally approved. His research showed errors, duplicity and probably outright fraud in the ratification process for the amendment. Attempts to prove it in court have been thwarted. Most judges just seem to cover their ears, close their eyes and go “lalalalalalala” or rely on prior courts that have done the same thing when it is brought up. In general, the courts seem to state that his information is unproven at best and bogus at worst but no one seems inclined to actually investigate.

One district court “noted that the errors found by Benson had already been investigated by Secretary of State Knox at the time of ratification of the Sixteenth Amendment, and had been determined to be insignificant.”, relying on the word of the person who in all probability perpetrated the fraud to verify its validity.

Now, I realize that Article 1, Section 8 of the Constitution allows the federal government to collect taxes and that even the elimination of the 16th Amendment would not change that BUT if we are, as some claim, “A Nation of Laws” should we not demand that every “I” be dotted and “T“crossed, particularly in such a document as the Constitution?

Why has Mr. Bensons claim (he has a book and a multitude of certified, notarized documents) not be investigated by an independent panel?

Who would have the authority to do so? Congress? The Judiciary? The Executive? Jeremy Scahill and Glen Greenwald?

Why haven’t our strict Constitutionalist, States-rights congressmen like Ted Cruz and Paul Ryan formed a committee to investigate?
Wiki article on subject
interview with Benson

And there are many more on line.

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15 Answers

Dan_Lyons's avatar

Not only was it not ratified, but had it been ratified, it actually created no new law(s) but was an idiotic attempt to explain old existing rules.

jaytkay's avatar

Courts have thwarted its proof just like they have thwarted OJ Simpson from finding the true killers.

And it hasn’t been sufficiently investigated just like “the moon is made of green cheese” claims have not been sufficiently investigated.

Jaxk's avatar

Sounds like he did his investigation and came up short. Just like so many before him. The government is not going to investigate itself on an issue it doesn’t want investigated. If you want to see this pursued, you must not pay your taxes and then fight it in court. Maybe get some advice from Wesley Snipes.

rojo's avatar

Not interested in that @Jaxk Just thought it was an interesting article. This is the brief submitted in 2005 which outlines his contentions. It is pretty specific and would seem to be be easy to verify. If a court had the desire that is.

Dutchess_III's avatar

And here is one on the 14th Amendment that Raggy provided in another thread. I guess this judge wants to bring slavery back

Jaxk's avatar

The courts have heard his arguments and dismissed them. In fact sentenced Bensen to 4 years in prison for not paying his taxes. The court not only found his argument lacking: they declared it a fraud.

On December 17, 2007, the United States District Court for the Northern District of Illinois ruled that Benson’s non-ratification argument constituted a “fraud perpetrated by Benson” that had “caused needless confusion and a waste of the customers’ and the IRS’ time and resources.”[

Crackpot comes to mind.

rojo's avatar

I can see why the court would say that @Jaxk but as I noted earlier another district court, while not disavowing that what he said was true, claim that Knox had investigated it and found that there was not a problem which in my opinion is asking the Fox to verify that the hen house is safe.
I still contend that, if we are following the letter of the law and what he said is true, then he is correct in what he states in his brief and the judges finding was incorrect; more a case of playing cover your governments ass then a fair and just legal opinion. And again, where are our strict constitutionalists in this matter?

rojo's avatar

I have yet to find anything that says that he is wrong. The only thing I have been able to find is that while he may be right it doesn’t matter to the courts because a precedent has been set.

Dutchess_III's avatar

But would we even want to get rid of income taxes, even if we could?

rojo's avatar

I am NOT saying we should get rid of it. I am saying that if we insist we are a nation of laws we should follow our own laws and get it right even if that means going back and re ratifying the 16th amendment

Dan_Lyons's avatar

If you read Section 8 article 1 of the Constitution you will see that the founding fathers set up two ways to tax the citizens of the US.
A.) Direct Tax
B.) Indirect Tax

They must be collected accordingly or they are unconstitutional.

Income Taxes are an Indirect Tax in the way of an Excise Tax. But they are collected as though they are a Direct Tax.

Strauss's avatar

^^The 16th Amendment (“The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration.”) does not empower the Congress to levy (or lay) taxes, only changes the way they may be levied.

Dan_Lyons's avatar

And yet @Yetanotheruser since the 16th Amendment was never ratified, there have been no real changes to way they may be levied.

Strauss's avatar

Benson’s argument that the 16th Amendment was not ratified is specious. It was developed a) as a way for him to justify his own tax evasion and b) As a way to fund his own tax evasion conviction.

Dan_Lyons's avatar

You know @Yetanotheruser It seems I recently read somewhere that during the Christmas break of 1913, 3 or 4 senators convened and voted in the 16th Amendment claiming there may have been only 3 or 4 politicians present but that was enough and the vote was unanimous.

Are you beginning to see a pattern?

As for Bill Benson, perhaps you should tell the whole truth,

On January 10, 2008, the Federal District Court in Chicago issued a permanent injunction against Bill Benson on the grounds that by offering information demonstrating that the 16th Amendment was not legally ratified, he was promoting an abusive tax shelter. The Court then refused to look at the government-certified documentary evidence, deciding instead that the facts necessary to prove his statements true were irrelevant.””

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