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InfoTelesys Lawsuit: I. CLAIMS UPON WHICH RELIEF CAN BE GRANTED / CONSTITUTIONAL RIGHTS VIOLATED

Forty Eighth,  Forty-ninth, Fiftieth and Fifty-second Claim For Relief - Treason, Fraud, Extortion And Racketeering - Tax

PLAINTIFFS:

Clive Boustred

DEFENDANTS: 

FRED KEELEY/Fred Kelley/County of Santa Cruz Treasurer – Tax Collector

ALLAN GREENSPAN/Allan Greenspan and the Federal Reserve Bank and the Board of Governors of the Federal Reserve System

SHAREHOLDERS OF THE FEDERAL RESERVE BANK/ Shareholders of the Federal Reserve Bank

Federal Reserve Bank of San Francisco

Government of the County of Santa Cruz

Government of the State of California

Government of the United States of America

Jon Doe’s, 1 to n.

VIOLATION OF CIVIL RIGHTS & ULTIMATE FACTS

On multiple dates, in the above named Judicial District, the crimes of TREASON, FRAUD, EXTORTION and RACKETEERING, in violation of the Constitution of The United States of America Article 1 Section 2, and of the 9th, 10th Amendment, was committed by DEFENDANT/S listed above, who did willfully and unlawfully commit TREASON, FRAUD, EXTORTION and RACKETEERING against PLAINTIFF by unlawfully taxing in violation of the Constitution of the United States of America.  By committing said acts and by Failure of Consideration, DEFENDANTS committed TREASON and violated PLAINTIFFS Civil Rights.

Fred Keeley/County of Santa Cruz Treasurer – Tax Collector went as far as to charge PLAINTIFFS tax on Federally Managed Waterways for a vessel that never existed that could not have been on any land.

U.S. Constitution Article I, Section 2 does not preclude taxation it dictates that tax be uniform for everyone, except Indians, and apportioned equally across all the States:

"..Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons. The actual Enumeration shall be made within three Years after the first Meeting of the Congress of the United States, and within every subsequent Term of ten Years, in such Manner as they shall by Law direct."

Santa Cruz County Tax Collector, the State of California and the IRS violated PLAINTIFFS Constitutionally protected right in Article 1, Section 2 of the U.S. Constitution by taxing PLAINTIFFS in violation of said Constitutional law.

The Federal Government had been given only 18 to 20 powers under the Constitution it is a "Limited Government".  The 9th and 10th Amendments specifically retain to people of the States Sovereign status and their rights therein and specifically preclude the Federal Government from delegating any authority that is not specifically delegated to the Federal Government by the Constitution.  The Constitution provides no specified authority to the Federal Government to unevenly tax.

DEFENDANTS have unlawfully levied taxes based on their claim that the 16th Amendment to the Constitution was ratified and is lawful when the 16th Amendment was neither ratified nor could it be lawful without repealing Article 1 Section 2 of the U.S. Constitution.  DEFENDANTS committed TREASON and exceeded their authority, collecting taxes that they were not lawfully entitled to collect and violating one of the core and key constructs to the Constitution of the United States of America.

DAMAGES

As a proximate consequence of the willful and malicious actions of DEFENDANTS, PLAINTIFF’S have sustained extraordinary damage in a sum to be determined per proof, including all the taxes DEFENDANTS and their co-conspirators have extracted from PLAINTIFFS.

AUTHORITIES

AUTHORITIES in section “K. COMMON AUTHORITIES” are incorporated herein by reference in addition to the following AUTHORITIES:

Constitution of the United States of America, Article 1, Section 2: "..Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons. The actual Enumeration shall be made within three Years after the first Meeting of the Congress of the United States, and within every subsequent Term of ten Years, in such Manner as they shall by Law direct."

Constitution of the United States of America, Amendment 9: “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.”

U.S. Constitution 10th Amendment: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”

"All laws which are repugnant to the Constitution are null and void."   --Malbury v. Madison, 5 U.S. (2 Cranch) 137 (1803)

Title 18 U.S.C. § 2. Principals. (a) Whoever commits an offense against the United States or aids, abets, counsels, commands, induces or procures its commission, is punishable as a principal. (b) Whoever willfully causes an act to be done which if directly performed by him or another would be an offense against the United States, is punishable as a principal.

After an exhaustive year long search of legislative records in 48 sovereign States conducted by Bill Benson, (Alaska & Hawaii were not admitted into the Union until after 1913). the only record of the 16th Amendment ever having been confirmed was a fraudulent proclamation made by the Secretary of State Philander Knox on February 25, 1913, wherein he simply declared it to be "in effect", but never stated that it was lawfully ratified. Bill Benson's has an excellent website, support him: The Law That Never Was http://www.thelawthatneverwas.com/ included herein by reference in addition to said proofs on said website and book.

According to Article 1, Section 9 of the Constitution, it has always been unconstitutional for the U.S. Federal Government to directly tax "We the People" in their property, wages, salaries, or earnings. U.S. Supreme Court Judges repeatedly rejected any claims that the 16th Amendment changed the constitutional limits on direct taxes:  Brushaber v. Union Pacific R.R. Co., 240 U.S. 1, The Supreme Court ruled that the 16th "created no new power of taxation" and that it "did not change the constitutional limitations which forbid any direct taxation of individuals".  This and other similar cases have never been overturned.

An argument often made by judges attempting to ignore the fact of the failure to ratify the 16th, is that precedence under Common Law now exists because the IRS has been mugging the public for so long and this somehow legalizes the IRS and the local County Tax collector.  However, the U.S. Constitution is higher law than the precedence of Common Law, which in itself represents the will of the people and not the will of the government.  Article I, Section 2 of the Constitution dictates that the IRS and the local County Tax collector are collecting tax unlawfully.

 

Record of Failed Ratification of 16th Amendment As Recorded By Secretary Of State, Officer of the Solicitor, dated February 25, 1913 Exhibits CD EXHIBITS 3\NO-16TH\1913_02_25 office of solicitor pages 001.jpg to 021.jpg – Philander C. Knox’s Fraudulent claim is included in said evidence directory under the filed Fraud-Philander-C-Knox-Fraud-1.jpg, Philander-C-Knox-Fraud-2.jpg and Philander-C-Knox-Fraud-3.jpg:

The following Chart illustrates the blatant and absolute failure to ratify the 16th Amendment pursuant to said Office of the Solicitor’s report and State records.

KEY TO FAILURE TO RATIFY CHART:

01- Not ratified by state legislature, and so reported

02- Not ratified by state legislature, but reported as ratified

03- Missing or incomplete evidence of ratification, but reported as ratified

04- Failure of Governor or other official to sign, although required by State Constitution

05- Other violation of State Constitution in ratification process

06- Other procedural irregularity making ratification doubtful

07- Approval, but with change in wording, accepted as ratification of original version

08- Approval, but with change in spelling, accepted as ratification of original version

09- Approval, but with change in capitalization, accepted as ratification of original version

10- Approval, but with change in punctuation, accepted as ratification of original version

State

01

02

03

04

05

06

07

08

09

10

Alabama

 

 

 

 

 

 

1

 

1

1

Arizona

 

 

 

 

1

1

1

 

 

1

Arkansas

 

 

 

 

1

1

1

 

1

1

California

 

 

 

 

1

1

1

 

1

1

Colorado

 

 

 

 

1

1

1

 

 

1

Connecticut

1

 

 

 

 

 

 

 

 

 

Delaware

 

 

1

 

 

 

 

 

 

 

Florida

1

 

 

 

 

 

 

 

 

 

Georgia

 

 

 

 

1

1

1


 

1

1

Idaho

 

 

 

1

1

1

1

 

1

1

Illinois

 

 

 

 

1

 

1

 

1

 

Indiana

 

 

 

 

 

1

1

 

1

 

Iowa

 

 

 

1

 

1

 

 

1

 

Kansas

 

 

 

 

1

 

 

 

1

 

Kentucky

 

1


 

1

1

1

1

 

1

1

Louisiana

 

 

 

 

1

1

1

 

 

1

Maine

 

 

 

 

 

 

 

 

1

1

Maryland

 

 

 

 

1

1

 

 

 

1

Massachusetts

 

 

 

 

1

1

 

 

1

1

Michigan

 

 

1

 

1

 

1

 

1

1

Minnesota

 

 

 

1

 

1

 

 

 

 

Mississippi

 

 

 

 

1

1

1

1

1

1

Missouri

 

 

 

1

1

1

1

 

1

 

Montana

 

 

 

 

1

1

 

 

1

1

Nebraska

 

 

 

 

 

1

 

 

1

 

Nevada

 

 

1

 

 

 

 

 

1

1

New Hampshire

 

 

1

 

 

 

 

 

 

 

New Jersey

 

 

 

 

1

1

 

 

1

 

New Mexico

 

 

 

 

1

1

 

 

 

 

New York

 

 

 

 

 

1

 

 

1

1

North Carolina

 

 

 

 

 

 

 

 

1

1

North Dakota

 

 

 

 

1

 

1

 

 

 

Ohio

 

 

 

 

 

1

 

 

1

 

Oklahoma

 

 

 

 

 

1

1

 

1

 

Oregon

1

 

 

 

 

 

 

 

1

 

Pennsylvania

1

 

 

 

 

 

 

 

 

 

Rhode Island

1

 

 

 

 

 

 

 

 

 

South Carolina

 

 

 

 

 

1

1

 

1

1

South Dakota

 

 

1

 

 

1

1

 

1

1

Tennessee

 

1

1

 

1

1

1

 

 

 

Texas

 

 

1

 

1

1

1

 

1

1

Utah

1

 

 

 

 

 

 

 

 

 

Vermont

 

 

1

 

1

1

 

 

1

1

Virginia

1

 

 

 

 

 

 

 

 

 

Washington

 

 

 

1

1

 

1

 

1

1

West Virginia

 

 

 

 

1

1

 

 

 

1

Wisconsin

 

 

 

 

 

 

1

 

1

1

Wyoming

 

1

1

 

1

1

 

 

1

1

Total

7

3

9

6

25

29

22

1

31

27

Additional

7

3

7

5

16

6

2

0

2

0

Ratification Failures Accumulated

7

10

17

22

38

44

46

46

48

48

 KEY

01

02

03

04

05

06

07

08

09

10

 

In the above table, the line "Additional" are the number of States for which that defect is in addition to previously indicated defects, and "Ratification Failures Accumulated" is a running total of States with defects, from Defect 01 through 10.

Since 36 states were required to ratify, the failure of 13 to ratify would be fatal to the amendment, and this occurs within the first three defects, arguably the most serious. Even if we were to ignore defects of spelling, capitalization, and punctuation, we would still have only two states which successfully ratified.

Note that in the above we are counting Ohio as a State, even though it was not admitted into the Union until 1953 (retroactively, which is expost facto, and unconstitutional). We are not counting the failure to designate the Income Tax Amendment as the "XVII" amendment, since there was arguably a 13th Amendment that was ratified but which is not published in official copies of the Constitution with Amendments, and the number is not necessarily part of the amendment (It wasn't part of the first 10.).

The authority usually cited for the criticality of ratification without errors of spelling, capitalization, or punctuation, is from DOCUMENT NO. 97-120, of the 97TH CONGRESS, 1st Session, entitled How Our Laws Are Made, written by Edward F. Willett, Jr. Esq., Law Revision Counsel of the United States House of Representatives, in which the comparable exactitude in which bills must be concurred under federal legislative rules is detailed:

Each amendment must be inserted in precisely the proper place in the bill, with the spelling and punctuation exactly the same as it was adopted by the House. Obviously, it is extremely important that the Senate receive a copy of the bill in the precise form in which it passed the House. The preparation of such a copy is the function of the enrolling clerk. (at 34) (emphasis added)

When the bill has been agreed to in identical form by both bodies - either without amendment by the Senate, or by House concurrence in the Senate amendments, or by agreement in both bodies to the conference report - a copy of the bill is enrolled for presentation to the President.

The preparation of the enrolled bill is a painstaking and important task since it must reflect precisely the effect of all amendments, either by deletion, substitution, or addition, agreed to by both bodies. The enrolling clerk ... must prepare meticulously the final form of the bill, as it was agreed to by both Houses, for presentation to the President.... each (amendment) must be set out in the enrollment exactly as agreed to, and all punctuation must be in accord with the action taken. (at 45) (emphasis added)

In his report on the failure of ratifications of the Income Tax Amendment to then Secretary of State Philander Knox, the Solicitor of the Department of State recognized and acknowledged the defects of ratification. Knox failed to demand mandatory corrective action by the States.

Knox had plenty of clues to the problems in the ratifications, sufficient to justify that he inquire into the matter further and demand corrective action by the States. Because he failed to do so means that we now have adopted and enforced legislation for more than 80 years that is plainly unconstitutional, requiring not only that it be repealed, but that all the funds collected be refunded.

The 16th is not ratified, has not been ratified and is not law.

 

See AUTHORITIES in the Thirty Sixth Claim For Relief “Fraud Banking” incorporated herein by reference.  It is important to recognize that Philander Knox was a co-conspirator with the owners of the Federal Reserve Bank.  Following the privately held Federal Reserve Bank causing the Great Depression, in 1933, astonishingly President Franklyn Delaware Roosevelt literally stole gold from citizens, ordering them to hand their gold to the privately held Federal Reserve Bank in exchange for pieces of paper. The stolen gold was held in Fort “Knox”. See Executive Order 6102.  The stolen gold to this day remains unaudited by any independent auditors, for all we know the bankers and their co-conspirators in government could have and are likely to have stolen the gold.

Congress tried to enact an income tax in 1894, however, the Supreme Court ruled it unconstitutional.  After the 1913 attempt with the ungratified 16th Amendment, the Supreme Court again ruled "The 16th Amendment conferred no new power of taxation"

President Ronald Reagan's Blue Ribbon Panel Grace Commission setup to investigate income tax reported: "100% of what is collected is absorbed solely on the interest of the federal debt. All individual income tax revenues are gone before one nickel paid on the services tax payers collect on the government."  Herein lies the conspiracy with the Federal Reserve Bank who levies the interest charges on money they create out of nothing.   The Federal Reserve Bank is part and parcel to the Treason and Fraud.

"I believe that in both spirit and substance our tax system has become un-American.  Death and taxes may be inevitable.  But unjust taxes are not." President Ronald Reagan.

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