Requirement for Consent

word in the acronym “I.R.S.” means INTERNAL: It is INTERNAL to the government and a tax upon public officers 1 WITHIN the government and serving on federal territory or statutory “States” , and not upon either PRIVATE people or 2 those domiciled within constitutional states of the Union. We analyze this corruption and abuse of the tax system in: 3

Government Instituted Slavery Using Franchises , Form #05.030, Sections 21 and 24 http://sedm.org/Forms/FormIndex.htm

The founding fathers in writing the U.S. Constitution relied on a book entitled The Spirit of Laws , by Charles de 4 Montesquieu as the design for our republican form of government. In that book, Montesquieu describes how freedom is 5 ended within a republican government, which is when the judicial branch exercises any of the functions of the executive 6 branch. 7

“ When the legislative and executive powers are united in the same person, or in the same body of magistrates, there can be no liberty; because apprehensions may arise, lest the same monarch or senate

8

9

should enact tyrannical laws, to execute them in a tyrannical manner.

10

Again, there is no liberty, if the judiciary power be not separated from the legislative and executive. Were it joined with the legislative, the life and liberty of the subject would be exposed to arbitrary control; for the judge would be then the legislator. Were it joined to the executive power, the judge might behave with violence and

11

12

13

oppression [sound familiar?].

14

There would be an end of everything, were the same man or the same body, whether of the nobles or of the people, to exercise those three powers, that of enacting laws, that of executing the public resolutions, and of

15

16

trying the causes of individuals. ”

17

[. . .]

18

In what a situation must the poor subject be in those republics! The same body of magistrates are possessed, as executors of the laws, of the whole power they have given themselves in quality of legislators. They may plunder the state by their general determinations; and as they have likewise the judiciary power in their

19

20

21

hands, every private citizen may be ruined by their particular decisions. ” [The Spirit of Laws, Charles de Montesquieu, 1758, Book XI, Section 6; SOURCE: http://famguardian.org\Publications\SpiritOfLaws\sol_11.htm]

22

23

24

Franchise courts such as the U.S. Tax Court were identified by the U.S. Supreme Court in Freytag v. Commissioner, 501 25 U.S. 868 (1991) as exercising Executive Branch powers. Hence, such franchise courts are the most significant source of 26 destruction of freedom and liberty in this country, according to Montesquieu. Other similar courts include family court and 27 traffic court. We also wish to point out that the effect he criticizes also results when: 28 1. Any so-called “court” entertains “political questions”. Constitutional courts are not permitted to act in this capacity 29 and they cease to be “courts” in a constitutional sense when they do. The present U.S. Tax Court, for instance, was 30 previously called the “Board of Tax Appeals” so that people would not confuse it with a REAL court. They renamed it 31 to expand the FRAUD. 32 2. Litigants are not allowed to discuss the law in the courtroom or in front of the jury or are sanctioned for doing so. This 33 merely protects efforts by the corrupt judge to substitute HIS will for what the law actually says and turns the jury from 34 a judge of the law and the facts to a policy board full of people with a financial conflict of interest because they are 35 “taxpayers”. This sort of engineered abuse happens all the time both in U.S. Tax Court and Federal District and Circuit 36 courts on income tax matters. 37 3. Judges are permitted to add anything they want to the definition and are not required to identify the thing they want to 38 include within the statutory definition. This is equivalent to exercising the powers of the legislative branch. See: 39 Legal Deception, Propaganda, and Fraud , Form #05.014 http://sedm.org/Forms/FormIndex.htm 4. A franchise court is the only administrative remedy provided and PRIVATE people are punished financially or 40 inconvenienced for going to a constitutional court. 41 5. Judges in any court are allowed to wear two hats: a political hat when they hear franchises cases and a constitutional 42 hat for others. This is how the present de facto federal district and circuit courts operate. This creates a criminal 43 financial conflict of interest. 44 6. Franchise courts refuse to dismiss cases and stay enforcement against private citizens who are not legitimate public 45 officers within the SAME branch of government as THEY are. It is a violation of the separation of powers for one 46 branch of government to interfere with the personnel or functions of another. 47

Requirement for Consent

119 of 396

Copyright Sovereignty Education and Defense Ministry, http://sedm.org Form 05.003, Rev. 7-23-2013

EXHIBIT:________