10th Amendment, date 10.10.08
Citizens of Each State you should be proud of yourself.
Lindsey Springer here and I personally wish to thank and commend each of you for taking your 10th Amendment power back into your own control. As you can see by now the rest of the world has aligned with the Citizens of each State and it is the "United States" and not the 50 States United that is being isolated and brought back within the place our founding mothers and fathers intended. One thing the world and all of us can be thankful for is the United States is not the anti christ some had predicted. That is a relief!
I understand the appearance of the United States playing liberator, savior, and bank account guarantor, gave some appearance the United States was competing for the position, but its usurpation of its enumerated limitations demonstrated to some of us that its effort to cross the line of its limitation would only produce technical information that would send it running, not walking, back to within its protected sphere. This same information would allow some of us to gather that information and build awareness and obstacles to prevent its usurpations from even being considered in the future.
An overwhelming majority of places not controlled by individual State Constitutions has either aligned against the United States or is a check or two away from such alignment. There maybe many places on the Earth that have history going back thousands of years but the Constitution of the United States, enumerating the creation of a limited national Government is not something the Earth has much data to consider. We are in that data gathering moment.
What will show the world’s Citizens contemplating being ruled by law, and if it actually works, is what this data will show. It needs to show Citizens each being responsible for their own choices while the State each Citizen lives in both protects and controls the interaction of Citizens within its own border. The United States needs only to be seen by the rest of the Earth as a way the Citizens of each State speak through one voice when speaking to the rest of the Earth.
One thing is for certain and that is for the last 70 plus years data has been collected which shows overwhelmingly there is no room on Earth, let alone within the borders of any of the 50 States, for an evil empire called the United States. This one voice went from the perception of being a friend of the more weaker places on the Earth to speaking as the God of the Earth. Let me assure each of you the United States does not even rank on the Earth as a child to a God. It is not even a second, third, or fourth cousin. It is simply a Pirate who has been out at sea way too long. WE are the children of what ever God you serve.
The United States found that it could do whatever it wants within its limited enumerations. The Judges appointed for life said it was so. The Constitution at Article I, Section 8, Clause 17 clearly affirms the Judges position. When the United States obtained a taste of power’s blood, it simply without hesitation, decided to feed its thirst instead of check itself in at the blood sucker’s anonymous meetings seeking to get help for its addictions.
You may have heard statements like "the taxpayers will pay for this" or "you, the taxpayers are footing the bill." What this actually means is the person subject to the internal revenue tax is liable for the tab. Congress defines the term "taxpayer" at 26 U.S.C. § 7701(a)(14) as "any person subject to any internal revenue tax." What is an "internal revenue tax" you ask? Not defined anywhere in the tax codes of the United States or anyplace else.
The Supreme Court has referred to the "first 10 Amendments" as "areas of criminal procedure" and labeled them "specific guarantees of the various provisions of the Bill of Rights embodied in the first 10 Amendments to the Constitution for the more generalized language contained in the earlier cases construing the Fourteenth Amendment." Albright v. Oliver, 510 U.S. 266, 273 (1994)
"It was through these provisions of the Bill of Rights that their Framers sought to restrict the exercise of arbitrary authority by the Government in particular situations." Id. Where a particular Amendment "provides an explicit textual source of constitutional protection" against a particular sort of government behavior, "that Amendment, not the more generalized notion of `substantive due process,' must be the guide for analyzing these claims." Graham v. Connor, 490 U.S., at 395.
The founders of the English law have, with "excellent forecast, contrived that . . . the truth of every accusation, whether preferred in the shape of indictment, information, or appeal, should afterwards be confirmed by the unanimous suffrage of twelve of his equals and neighbours, indifferently chosen and superior to all suspicion." Duncan v. Louisiana, 391 U.S. 145, 151-152 (1968); quoting Blackstone at 349-350
"The Constitution itself, in Art. III, § 2, commanded: ‘The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed.’" Duncan at 152 "The constitutions adopted by the original States guaranteed jury trial. Also, the constitution of every State entering the Union thereafter in one form or another protected the right to jury trial in criminal cases." Duncan at 153 "The [jury trial] clause was clearly intended to protect the accused from oppression by the Government. . . ." Singer v. United States, 380 U.S. 24, 31 (1965).
"The first object of any tyrant [in Whitehall] would be to make Parliament utterly subservient to his will; and the next to overthrow or diminish trial by jury, for no tyrant could afford to leave a subject's freedom in the hands of twelve of his countrymen. So that trial by jury is more than an instrument of justice and more than one wheel of the constitution: it is the lamp that shows that freedom lives." P. Devlin, Trial by Jury 164 (1956). See Duncan at 155-156 (fn. 23)
"The first eight Amendments to the Constitution set forth self-executing prohibitions on governmental action," City of Boerne v. Flores, 521 U.S. 507, 527 (1997), and the first 10 Amendment are known as "the Bill of Rights" adopted in 1791, Portuondo v. Agard, 529 U.S. 61, 65 (2000)
"The United States is entirely a creature of the Constitution. Its power and authority have no other source. It can only act in accordance with all the limitations imposed by the constitution. (emphasis added; footnote omitted). Reid v. Covert, 354 U.S. 1, 5-6 (1957); See also United States v. Verdugo-Urquidez, 494 U.S. 259, 270 (1990); and see Weeks v. United States, 232 U.S. 383, 390, 34 S.Ct. 341, 343, 58 L.Ed. 652 (1914)( describing the Fourth Amendment "took its origin in the determination of the framers of the Amendments to the Federal Constitution to provide for that instrument a Bill of Rights, securing to the American people...)
These same "American People" are not to be secured by FDLIC insurance. They are not to be secured by "Social Security." These same people are not to be secured by the United States usurping its limited power in the name of a greater good. These Citizens of every State are to be secure by the Bill of Rights. The one at the center of the battle and to which we all must worship is the 10th Amendment. Without this Amendment the United States would be well on its way to becoming the great Satan. It is fitting that on this 10th month on this 10th day in a year of new beginnings that we all embrace the 10th Amendment and become submerged in all its glory.
The 10th Amendment says: "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." Listen Citizens of each of the 50 States, these words in the 10th Amendment is the God over the United States and the States. It is the life blood to the United States.
As the Supreme Court discussed at length in U.S. Term Limits, the Constitution "draws a basic distinction between the powers of the newly created Federal Government and the powers retained by the pre-existing sovereign States." 514 U.S., at 801. On the one hand, in the words of Chief Justice Marshall, "it was neither necessary nor proper to define the powers retained by the States. These powers proceed, not from the people of America, but from the people of the several States; and remain, after the adoption of the constitution, what they were before, except so far as they may be abridged by that instrument." Sturges v. Crowninshield, 4 Wheat. 122, 193 (1819). The text of the Tenth Amendment, the Supreme Court said, "delineates this principle." Cook v. Gralike, 531 U.S. 510, 519 (2001)
Sovereign States, now what on Earth would that be? It is a short story really in the scheme of things. You can go back as far as you would like but the 10th Amendment secures that "States" and their virtually unlimited powers are separate from the United States "delegated" "powers" given "to the United States." For example, this is why the IRS cannot define Marriage as a Union between a Man and another Man as they would do if they could. Marriage is a term left to the individual States to define. And what is even more securing is the phrase "or to the people." It is these "people" of the "several States" the Supreme Court was speaking about in Cook from an outside looking inward posture.
With the 10th Amendment in disgrace you can throw away the first 9 Amendments as they no longer would be "secure." Freedom of Religion, which includes the freedom to not be religious, would be out for good. Churches would be reduced to being registered with some Federal Agency in order to be allowed to preach whatever their message is while being held in virtual contempt if they crossed the policy of the United States. Petition the Government for a redress, gone (as some say has already left the building). Freedom of the State press would allow the press to say only what those regulating their speech allow them to say. Up until a few months ago the 2nd Amendment was left to being historically connected to Militias only. The District of Columbia is not a 10th Amendment State and has no Bill of Rights from the Constitution. This District is reduced to Article I, Section 8. Clause 17.
The Supreme Court in D.C. v. Heller (2008)(another new beginning case) decided to finally take a gun case, where the 2nd Amendment did not apply, and rule people in D.C. have a 2nd Amendment Right to possess a gun free of government regulation to defend their own home. This decision was more so Congress could protect itself than to ensure the 2nd Amendment. Could you imagine Judges deciding that decision only applies to D.C. and not any of the 50 States. On the course we were heading that was just around the corner.
"Article III provides for the establishment of a court system as one of the separate but coordinate branches of the National Government. It is the primary, indeed the sole business of these courts to try cases and controversies between individuals and between individuals and the Government. This includes trial of criminal cases. These courts are presided over by judges appointed for life, subject only to removal by impeachment. Their compensation cannot be diminished during their continuance in office. The provisions of Article III were designed to give judges maximum freedom from possible coercion or influence by the executive or legislative branches of the Government. But the Constitution and the Amendments in the Bill of Rights show that the Founders were not satisfied with leaving determination of guilt or innocence to judges, even though wholly independent. They further provided that no person should be held to answer in those courts for capital or other infamous crimes unless on the presentment or indictment of a grand jury drawn from the body of the people. Other safeguards designed to protect defendants against oppressive governmental practices were included. One of these was considered so important to liberty of the individual that it appears in two parts of the Constitution. Article III, § 2, commands that the "Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed." And the Sixth Amendment provides that "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed . . . ." This right of trial by jury ranks very high in our catalogue of constitutional safeguards." Toth v. Quarles, 350 U.S. 11, 15 (1955)
At some point you get to the right to have all facts tried by a jury gathered from your neighbors. This jury trial idea did not come from the 6th Amendment. It originated in Article III, Section 2, Clause 3. The 10th Amendment again says "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."
Under Article III, the right to a jury trial in the State where the alleged Federal crime was committed was a power reserved by the States and never surrendered to the United States. Before a State Citizen becomes alleged to have committed a crime against the laws of the United States, he is one of those "people" of a State the jury trial right was reserved to protect. It looks to the future for application.
Grand Jury is another huge piece of the security of a free people. The phrase Grand Jury only appears one time in the Constitution at Amendment Five or commonly known as the Fifth Amendment yet the United States created 28 U.S.C. § 1861-1878 basically a Federal Grand Jury. There is no such power delegated to the United States for this power and the Supreme Court has said it to the point there is no more debate on that subject.
"The constitutional right to be charged by a grand jury is a personal right of the defendant and does not go to the district court's subject matter jurisdiction because it may be waived." McCoy v. U.S., 266 F.3d 1245, 1249 (11th Cir. 2001) "[R]ooted in long centuries of Anglo-American history," Hannah v. Larche, 363 U.S. 420, 490 (1960) (Frankfurter, J., concurring in result), "the grand jury is mentioned in the Bill of Rights, but not in the body of the Constitution." U.S. v. Williams, 504 U.S. 36, 47 (1992)
The "Grand Jury" "has not been textually assigned, therefore, to any of the branches described in the first three Articles." Id. It "`is a constitutional fixture in its own right.'" United States v. Chanen, 549 F.2d 1306, 1312 (CA9 1977) (quoting Nixon v. Sirica, 159 U.S. App. D.C. 58, 70, n. 54, 487 F.2d 700, 712, n. 54 (1973)), cert. denied, 434 U.S. 825 (1977). In fact, the whole theory of its function is that it belongs to no branch of the institutional Government, serving as a kind of buffer or referee between the Government and the people. Williams, supra; See Stirone v. United States, 361 U.S. 212, 218 (1960); Hale v. Henkel, 201 U.S. 43, 61 (1906); G. Edwards, The Grand Jury 28-32 (1906).
If it has not been "textually assigned" to any branch of the "first three Articles" and Congress writes 28 U.S.C. § 1861-1878 under its Article I enumerations, then how would this Federal Grand Jury provision be constitutional? You got it. The 10th Amendment says its not delegated to the United States. The only power of any "body" called a Federal Grand Jury was "reserved" power by each State. The genius of this is easy to understand. Whether you are dealing with State or Federal Laws where you live you remain a Citizen of that State. You are in that State. Anyone that tells you Federal Laws do not apply inside one of the 50 States is against the 10th Amendment.
Don’t Federal Election Laws apply in each State? Doesn’t the election of a President take place during the elections held in each State? Are not Congressman a "representative" from a State? Isn’t fuel tax collected in the State the gas was purchased? I could go on and on and on about how Federal Laws, written by Congress within its "enumerated" limited powers, reach into each State for purpose and success. Remember, Congress writes laws under Article I. Judicial Power under Article III is entirely separate. Article II Executive Power is also separate. Co-equal is simply a political explanation describing hope.
Yet, because most are so busy keeping the American dream of preventing their house from being in foreclosure, they spent little or no time understanding what matters more than anything. I try to explain to both of my type 1 Diabetic Sons (DPT shots are the source and yes I learned as much about that as I have about the 10th Amendment) that in relation to a God, and God being the giver of life, externally injected insulin to them is worthy of being worshiped and respected. Without it they are three days or less away from meeting head on (applied directly to the forehead) life after death.
Although it is obvious you will continue to have a pulse, though you ignored your 10th Amendment duties, there comes a time when the progeny directs its energy at destroying its maker. In all the stories about Satan being cast out of heaven because of his contempt for the God of Jesus, so to was it not only possible, but for certain, the United States would attempt to reduce its only God (U.S. is to be religious neutral)(just listen to a House of Representatives prayer and you will see what I mean), the States and the Citizens therein, to historical story telling.
Today, although the 7th Amendment guarantees a trial by jury on any controversy amount greater than $ 20.00, there is no better indicator that things have gone out of control then when you look at the potential cost of a jury trial involving a $21.00 dispute.
The IRS has trillions of dollars in claims of taxes, interest and penalties owed (controversies no doubt), filed as judgments in County Recorder’s Offices nation wide, when no such jury trial has ever been conducted over that amount in controversy. You will not find any power given to the United States to take the jury trial right away textually. What you will find is a silent construction by the United States Judiciary that you waived it by not raising it. What a crock of (I will let you finish this sentence)! What happened to any expressed waiver of a right to a jury trial?
And none of these Judges are elected but rather appointed for life. Don’t let them say that appointment is better than what our founding mothers and fathers dealt with because the United States is taking their plays right out of the King’s play books. Any unchecked power allowed to remain unchecked will eventually attempt to go where no man, or women, has gone before. Such power will test the outer limits in effort to see what their limits really are. The 10th Amendment is the limit. And when the 10th Amendment light is turned on you will see many encroachments of the enumerated powers to the point it becomes obvious such usurpations are not by accident but by intentional design by those given employment swearing to uphold the Constitution while doing everything they can to reduce it to historical insignificance under such gainful employment.
The reason why the system is crashing is because the rest of the World does not pay income tax to the United States. How the rule of law gave us a term like "taxpayer" and defined such term as being subject to "any internal revenue tax" exceeds what Satan did to get thrown out of Heaven times billions and billions served. And to make matters worse the term "internal revenue tax" has not one single legal definition anywhere whatsoever. Being subject to something not defined certainly smacks of usurping the phrase "delegated to the United States" don’t ya think?
Then having 1/3 of the Country owing more in penalties and interest a day than the system allows them to take home in a day, takes what has crossed the line, and proves the United States is so far passed the line of the 10th Amendment they would need to travel for years to turn themselves in. Add to this the fact every State Constitution reserved the right to a Jury Trial for all State Citizens on any issue of fact greater than $ 20.00, involving the United States at the 7th Amendment (meaning of reserved under the 10th Amendment), as well as within the specific language of every Bill of Rights in every State Constitution (that was required to join the Union) and it is not difficult to see the reason most State Citizens security was in FDLIC or the Security and Exchange Commission and why that security is gone for ever.
I have witnessed 31 Criminal Trials at the Federal Level. Countless Tax Court and other cases both at the Federal and State levels in the last 18 years. Even the jury trials given in the Federal Court system are so controlled when it comes to taxes that the Government uses the Jury, all investors in Social Security, to convince them that this person did not pay his taxes and so you had to pay more and your future security was also threatened. We would never allow investors in Microsoft to sit on a Jury Panel deciding whether Microsoft did something in violation of someone’s rights yet we place "taxpayers" on a jury to determine the guilt or innocense of a person who, for one reason or another, is alleged to have not paid his taxes. The 10th Amendment stops all of this and it is more than sudden.
I understand this thread is long, but it is filled with information you would not get anywhere else. Most attorneys either do not care, do not know, or know and just care enough to remain silent about it. When you began to withdraw money from the banks and cash in the stocks you, for the first time in your life and probably at least two or three generations in your family history, did what previous generations decided to let the next generation deal with. You took collective power back under the 10th Amendment and you could not have done it with more precision and with such harmony than what you all did.
It is the income tax, which is a tax on remaining a kept citizen, that has caused so much trouble on the earth. It is what makes inflation out of control. It is what causes the United States to ignore the rights of others and usurp their own power. It is what puts one Citizen against 12. It is what clouds the title to the "unalienable" right to property. Income Tax has caused more abortion, divorce, disease, conflicts, division, and through the prospect of "exemption," has silenced good men and women standing in the pulpit trying to explain the root of all of one’s personal troubles and tragedies. And income tax is the reason the economy was destined to fail.
Any time Government is not restrained by only spending what they have to spend, especially when no real emergency exists, with out limitation, such Government will simply spend themselves out of existence.
Federal Reserve Notes have no redeemable intrinsic value and the only time value can be measured in them is when they are exchanged for something. This means they can only be taxed when they are exchanged in a transaction for something valued in them. Receiving them for services rendered, or as a wage, under the 10th Amendment reservations, does not place them with transactional value, for tax purposes, in a free world, because it is not until you spend them do they actually become of value and your labor has no intrinsic value because if it did everyone would be given the same amount for the same labor asserted.
For those of you getting this far I always have a special gift for you. If you will go read section 102 of the Internal Revenue Code, known as Title 26, you will see all gifts are not included within the calculation of gross income regarding the undefined "internal revenue taxes." This means any money given to anyone, including a church, is not in need of "exemption" because it is not considered a transaction to which any power to tax reaches. The 1st and 10th Amendment secured this along time ago. True, if the Pastor wishes to have the security of a pay check that would not be a gift. But if the Pastor chose to announce he was not taking a pay check and instead would accept a small percentage of the weekly offering then even his small percentage would be protected by section 102 as a gift. True, you would not be given a "tax deductible" receipt but why do you need that anyway?
Many of you have asked me how I am able to sustain myself for all these years placing me in a position to give this wisdom to you in threads like this. I only survive from the giving of others. It was the only way I could accomplish my goal of getting rid of the IRS for ever. I have endured much, and will continue to endure because the Constitution of every State, and the health of the Republic cannot every be allowed to die. Furthermore, getting someone in my unique position is probably more difficult than most are willing to suffer.
If you appreciate my threads then I invite you to become within a unique small group of people that have committed every month to support me and my mission. I will stay doing what I do as long as I can. It is greatly needed. In further answer to many of you, you can send me any gift to:
c/o 5147 S. Harvard, #116
Tulsa, State of Oklahoma 74135
and you can reference either Lindsey Springer or Bondage Breaker’s Ministries as the recipient. Nothing is either too small or not appreciated. In fact, I believe it is your level of giving that provides you with a unique receipt of a blessing otherwise unattainable. If you wish for something to be prayed for and you believe I play any role in bring that to pass you also may email me or write me your request and I assure you I will address such prayers. You can also gift to my paypal account "firstname.lastname@example.org" if this is what you are led to do. You will not see me say much in this area because I believe you must be led to give and that comes from the heart. A type of cheerful giver.
WE must also give thanks to the rest of the world for standing up to the United States and inspiring all State Citizens to do the same. They have truly paid us back for the time we helped them rid the Earth of someone history calls Hitler. At a time when Politicians continue to speak of Washington as full of corruption and fraud there should be no fear from uttering such fraud and corruption must cease and desist from the lips of any Citizen.
Take the words of the 10th Amendment and plaster it on your refrigerator, tee shirts, pins, cards, stationary, or whatever else you must do so that you never forget what it stands for because as of 10.10.2008, the 10th Amendment stood up for you and you stood up for the 10th Amendment!
Lindsey Springer 10.10.08
P.S. if any of you are worried about the U.S. buying National Banks you should not be. You are not obligated to do business with any specific banks and there will be many State chartered banks you have to choose from that will not be owned by the U.S. Once again, the 10th Amendment State Power saves the day.
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