Apr
9
State of Connecticut Governor signs what is being described as the toughest gun laws in the U.S.
Filed Under Adoption, Articles of Confederation, CONSTITUTION, Declaration of Independence, FREEDOM, IMPEACHMENT, LEARNING THE LAW, Northwest Ordinance, ORGANIC LAWS, Second Amendment | Leave a Comment
How are such laws possible when there is this Second Amendment to the Constitution of the United States: “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”
The State of Connecticut is not a ‘free State” and the Constitution which was ratified by the States has not been adopted by the officers thought to be of the three branches of government. The State of Connecticut is one of the thirteen States expressly identified as “the several States which may be included within this Union” in Article I, Section 2, Clause 3. That Union is the Union of States of the United States, which will include the States of the Northwest Territory, Ohio, Indiana, Illinois, Michigan, Wisconsin, and part of Minnesota. These States are comprised of a government devised by the Confederacy for the purposes of the Confederacy and the territory in those States is to be purchased pursuant to Article I, Section 8, Clause 17, or is already owned by or otherwise subject to the exclusive legislative power of the United States of America.
The above two paragraphs are part of a Post I submitted to all my Advanced, Basic and prospective Students in order to obtain their comments. The responses I received were predictable—the Advanced Students understand the subject best and the Basic Students not as well. All the responses I got indicate there can be no doubt that the Organic Laws of the United States of America are the basis of all written laws in the United States of America.
The Advanced Students are experienced and motivated to learn a rather simple though relatively unknown truth—free people are not subject to written laws. Free people are those folks with the unalienable rights mentioned in the Declaration of Independence of July 4, 1776 and unalienable rights are unalienable because they are self-evident they need no proof. Unwritten laws need no proof.
Written laws are the laws of governments which my Students are learning to decipher. We have broken the United States Code as written law limited to the territory owned by or subject to the exclusive legislative power of the United States of America. Once a Student successfully completes my, “Basic Course in Law and Government,” upon that Student’s assent he or she becomes an Advanced Student. If you would like to get started on a lifetime of legal learning, contact me at edrivera@edrivera.com
Dr. Eduardo M. Rivera
Mar
8
Why is there no hope for justice in American courts? All so-called judicial courts are in fact legislative courts set up to validate and perpetuate government legislation and to facilitate the collection of taxes.
Filed Under Article II Section 1 Clause 8, Articles of Confederation, CONSTITUTION, Declaration of Independence, IMPEACHMENT, LEARNING THE LAW, Northwest Ordinance, Oath of Office, PRESIDENTS, Territorial Jurisdiction | Leave a Comment
There are three oaths in the Constitution of September 17, 1787: 1. Senators take an oath before they try a legislative impeachment and because impeachment is a legislative process the exact wording of the oath is left to Congress. 2. The person taking the Office of President of the United States must, before taking that Office, take by oath or affirmation the oath to that Office expressly required by the Constitution of September 17, 1787. Because the Constitution of September 17, 1787, also, imposes no qualifications for the Office of President of the United States, George Washington was able to be both the Article II President of the United States of America and President of the United States simply by orally taking the following oath: “I, George Washington, do solemnly swear that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States.” “So help me God.” 3. Article VI, Clause 3 of the Constitution of September 17, 1787 imposed this oath on everybody else in government with the exception of the President of the United States:
The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.
What was the Article VI, Clause 3 oath? A simple signed “I swear (or affirm) to support this Constitution” on a copy or last page of “this Constitution” would have sufficed. No such written oath or affirmation exists. George Washington’s signature appears on the original Constitution of September 17, 1787, however, as he signed the document before this Constitution was ratified according to Article VII, his signature does not constitute an oath or affirmation “to support this Constitution.”
George Washington and the so-called Founding Fathers fooled the American people. The signatures on the Constitution of September 17, 1787 including George Washington’s didn’t mean anything other than it was their submission. The oral oath Washington took was only good enough to require Bills passed by Congress to be presented to him for his approval or his objections. The office of President of the United States of America was vested with the executive power not the President of the United States.
One of the Bills Washington signed proves the present federal court system has no real judicial powers. Section 8 of the Judiciary Act of 1789 requires federal Justices and judges to take an oath or affirmation which does not comply with the requirements of Article VI Clause 3:
SEC. 8. And be it further enacted, That the justices of the Supreme Court, and the district judges, before they proceed to execute the duties of their respective offices, shall take the following oath or affirmation, to wit: “I, A. B., do solemnly swear or affirm, that I will administer justice without respect to persons, and do equal right to the poor and to the rich, and that I will faithfully and impartially discharge and perform all the duties incumbent on me as, according to the best of my abilities and understanding, agreeably to the constitution, and laws of the United States. So help me God.”
The Judiciary Act of 1789 was enacted on September 24, 1789. The first act of the First Congress was dated June 1, 1789 and its purpose was to create a new legislative oath of office pattered after the oral oath George Washington took to become President of the United States. The new legislative oath would replace the Article VI, Clause 3 oath or affirmation “to support this Constitution,” when the Constitution of September 17, 1787 failed to be adopted because no President or member of Congress would be bound by an Article VI, Clause 3 oath.
The Constitution of September 17, 1787 should be and is the textbook example of federal legal legerdemain in my law course, the “Basic Course in Law and Government.” The Constitution of September 17, 1787 refers to itself as “this Constitution” about a dozen times and only once in the oath of office of the President of the United States is there a reference to “the Constitution of the United States.” It is clear that the constitutional creation of an oral oath for a President of the United States was really to hide the inauguration of the new Union of dependent federal States, which was begun with the Northwest Ordinance of July 13, 1787.
The legislative creation of an oath of office for “the justices of the Supreme Court and the district judges,” which ended with “So help me God” was the clearest statement possible that the “United States” would be an entity consisting of the territory owned by or subject to the exclusive legislative power of the United States of America.
The United States Supreme Court and the lower federal courts no longer provide copies of the oaths of Office of Justices and judges after it was discovered that these oaths showed these offices to be territorial. The oaths of office of State, county and local will show that they too are federal territorial “judges.” You can and should demand copies of the oaths of “judges” who might someday try to assert judicial authority over you.
There is no education greater than the one you will get by enrolling in my “Basic Course in Law and Government.” Government and government schools will only teach what government wants you to know. For a limited time, you can learn before you enroll. For a non-refundable $50, you can get all the materials my first Students had to pay $500 to get. Contact me at edrivera@edrivera.com for all the details and copies of the Organic Laws of the United States of America, the foundation for all written law in America.
Dr. Eduardo M. Rivera
Feb
27
THE EASY IMPEACHMENT: THE IMPEACHMENT OF THE PRESIDENT OF THE UNITED STATES BARACK HUSSEIN OBAMA
Filed Under Articles of Confederation, CONSTITUTION, Declaration of Independence, IMPEACHMENT, Northwest Ordinance, ORGANIC LAWS, PRESIDENTS | 1 Comment
Only my Students know how easy it would be to impeach Barack Hussein Obama, if the impeachment is limited to the office of President of the United States. The only condition imposed by the Constitution of the United States on such an impeachment is found in Article I Section 3 Clause 6: “The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the concurrence of two thirds of the Members present.”
Why are there no other constitutional conditions placed on the impeachment of the President of the United States? The office of President of the United States is the highest employee in the federal government, who like the chief executive officer of a corporation, must be fired according to certain written rules. The President of the United States of America, the head of State of the United States of America, according to the Constitution of the United States, may only be impeached pursuant to Article II Section 4: “The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other High Crimes and Misdemeanors.” Not only does the Constitution provide for the easy impeachment of the President of the United States it is proof the two offices were intended to be separate.
My new Students, who successfully complete my “Basic Course in Law and Government” and who want to see an immediate improvement to all governments in the United States of America, may obtain my letter to members of Congress which explains the benefits of an impeachment of the President of the United States.
Becoming an immediately successful Student of the Law has never been easier or more affordable. You can sample the $500 “Basic Course in Law and Government” for a non-refundable $50. Do you have what it takes to successfully learn the law?
If you have read this far, you have the reading ability necessary to understand the documents which are the foundation for the written law in the United States of America. You can have the four Organic Laws of the United States of America for the asking. The Declaration of Independence of July 4, 1776, the Articles of Confederation of November 15, 1777, the Northwest Ordinance of July 13, 1787 and the Constitution of September 17, 1787, in a computer searchable format, are yours, when you contact me at edrivera@edrivera.com
Dr. Eduardo M. Rivera
Jan
23
WHAT IS THE CONSTITUTIONAL LAW OF TAKING AN OATH OR AFFIRMATION AND BEING BOUND BY OATH OR AFFIRMATION?
Filed Under Article II Section 1 Clause 8, Electoral College, IMPEACHMENT, Oath of Office, ORGANIC LAWS, Presidential Elector, PRESIDENTS | Leave a Comment
When one has a question about the Constitution of September 17, 1787, ask George—George Washington. The hero of the American Revolution was President of the May 25, 1787 Constitutional Convention and the first President of the United States of America to be elected by Article II Section 1 Clause 2 Presidential Electors. George Washington was the first President of the United States of America to take the Article II Section 1 Clause 8 oral oath for the Office of President of the United States.
“George, why would you take the oral oath for the Office of President of the United States, on April 30, 1789, when you had been elected to another Office, President of the United States of America on April 6, 1789?” Washington never admitted or explained what he did or why he did it.
Let’s compare:
Constitution of September 17, 1787
Article II Section 1 Clause 8
Before he enter on the Execution of his Office, he shall take the following Oath or Affirmation:—“I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States.”
With:
Constitution of September 17, 1787
Article VI Clause 3
The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.
The person who takes the Article II Section 1 Clause 8 oath of the President of the United States takes a job when he takes this oath. Note that the duties of the President of the United States are set out in Article I Section 7 and they are to sign bills he approves and to make his objections to those bills he disapproves. He also approves or disapproves Orders, Resolutions and votes, but that is the gist of the job and a job it is. If he doesn’t do a good job Congress can fire him by an Article I impeachment and the only condition of that impeachment is that another constitutional employee preside, the Chief Justice.
There are two oaths in the Constitution of September 17, 1787, because the President of the United States is an employee and persons in Article VI Clause 3 are not employees, at least not in the Constitution of September 17, 1787. They do become employees when they take and subscribe an oath enacted by Congress and signed by the President of the United States, but that is another story.
The Senators and Representatives, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, are the Officers to be bound by Oath or Affirmation to support this Constitution, if they subscribe their names to it, so they subscribe their names to George Washington’s Constitution of the United States.
George Washington was one of the deputies to the Constitutional Convention who subscribed his name in accordance with Clause 2 of Article VII: “done in Convention by the Unanimous Consent of the States present the Seventeenth Day of September in the Year of our Lord one thousand seven hundred and Eighty seven and of the Independence of the United States of America the Twelfth In witness whereof We have hereunto subscribed our Names,” so he and the entire Constitutional Convention knew the significance of a subscribed signature to bind an oath or affirmation.
This is not a contrived or convoluted interpretation of the Constitution of September 17, 1787; to get the rest of the story, contact me at edrivera@edrivera.com I will e-mail you the four Organic Laws, which include the Constitution of September 17, 1787. For a limited time, you can sample my $500 “Basic Course in Law and Government” for $50.
Dr. Eduardo M. Rivera
Jan
16
USING THE CONSTITUTION OF SEPTEMBER 17, 1787 AND CONSTITUTIONAL LAW TO LEARN LEGAL THINKING
Filed Under Article III, CONSTITUTION, IMPEACHMENT, LEARNING THE LAW, Supreme Court | Leave a Comment
If you believe Chief Justice Charles Evans Hughes, you will never understand the Constitution of September 17, 1787. The Chief Justice said, “We are under a Constitution, but the Constitution is what the judges say it is, and the judiciary is the safeguard of our liberty and of our property under the Constitution.”
The Chief Justice is not a judge he is not even a judicial officer. Judges and judicial power are located in Article III of the Constitution of September 17, 1787. The Chief Justice is found in Article I which imposes his only duty—to preside at the impeachment of the President of the United States for which no grounds need be stated. Article II Section 4 requires more to impeach an elected President: “The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other High Crimes and Misdemeanors.”
Recognition of the differences between an Article I President of the United States and an Article II President of the United States of America with the executive power is an important attribute of the constitutional law thinker. The common constitutional scholar gets his ideas from the judiciary who combine the President of the United States of America and President of the United States into one Twelfth Amendment President. The judiciary and every dictator, since George Washington successfully combined the head of state with the head of the government, have done more to retard creative thinking than all television programs.
The Constitution of September 17, 1787 is a Noah’s Ark of government creatures in twos and threes. Sorting out the Citizens of the United States, the Presidents, the Chief Justice and the judges will sharpen the mind, so it can think about law and government without confusion.
Reading United States Supreme Court opinions won’t teach you how to think like a legal genius, but my Basic Course in Law and Government will. You can test your legal mind for as little as $50 by taking the same Course others paid $500 to complete. To get a free set of the Organic Laws of the United States of America and free information on my course, contact me at: edrivera@edrivera.com
Dr. Eduardo M. Rivera
Jul
22
USING THE ORGANIC LAWS INCLUDING THE CONSTITUTION OF SEPTEMBER 17, 1787 TO BEAT A TRAFFIC TICKET
Filed Under Adoption, Article III, Articles of Confederation, CONGRESS, CONSTITUTION, Electoral College, IMPEACHMENT, LEARNING THE LAW, Northwest Ordinance, Oath of Office, ORGANIC LAWS, Presidential Elector, PRESIDENTS, Territorial Jurisdiction | Leave a Comment
Traffic court is part of a much larger for profit dispute resolution organization called the “United States judicial system” headed by a person called the Chief Justice of the United States. John Roberts is the Chief Justice of the United States Supreme Court, which is the highest court of appeal in the United States.
The “United States” and the “United States of America” are to be distinguished, as they are in the third Organic Law, the Northwest Ordinance of July 13, 1787: “It is hereby ordained and declared by the authority aforesaid, That the following articles shall be considered as articles of compact between the original States and the people and States in the said territory and forever remain unalterable, unless by common consent, to wit:“ The Northwest Ordinance of July 13, 1787 is a compact between the United States of America and “the people and States in the said territory,” which will become the “We the People of the United States” in the Preamble to “this Constitution for the United States of America.”
“This Constitution for the United States of America” refers to the written document which became binding on all the States of the Confederacy, the United States of America, as of May 29, 1790. However, none of the “Senators and Representatives” of Congress, “Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States” were ever bound by the Article VI “Oath or Affirmation, to support this Constitution.” Because the Senators and Representatives elected after New Hampshire became the ninth State to ratify “this Constitution” were not bound “to support this Constitution,” the Articles of Confederation of November 15, 1777 became the only Organic Law by which they could function as a government body.
The name of that government body is found in the enactment clause which first appeared in statute I, Chapter 1, on June 1, 1789 in “An Act to regulate the Time and Manner of administering certain Oaths.” Section 101 of Title 1 United States Code, “The enacting clause of all Acts of Congress shall be in the following form: ‘Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,’” proves the ratification of the Constitution of September 17, 1787 by nine of the States of the first Union together with the failure of the newly elected officers to adopt that Constitution vested “All legislative Powers herein granted” in a “Senate and House of Representatives of the United States of America in Congress assembled. The failure of the elected officers to take and be bound by the Article VI oath “to support this Constitution” required the new oath enacted by the new Senate and House of Representatives of the United States of America in Congress assembled.
What do these facts about the Constitution of September 17, 1787 and the Northwest Ordinance of July 13, 1787 have to do with you beating a traffic ticket? They prove the “United States” is a place or a collection of federal enclaves administered by a President of the United States. Before the Twelfth Amendment to the Constitution of September 17, 1787, there was no provision for the selection of the President of the United States, so George Washington by virtue of his election to the office of President of the United States of America on April 6, 1789 appointed himself to that office on April 30, 1789. Combining the two offices of President of the United States of America and President of the United States in one person made it appear as if the United States and the United States of America were one and the same. The Northwest Ordinance of July 13, 1787 was an interim compact with the United States of the Northwest Territory, Ohio, Indiana, Illinois, Michigan, Wisconsin, and part of Minnesota and the United States of America under the Articles of Confederation of November 15, 1777. The stated purpose of the Constitution of September 17, 1787 was to revise the Articles of Confederation to permit the formation of another Union, a Union of States without sovereignty, freedom and independence, unfortunately, this new Union immediately began to subsume the first Union as soon as George Washington took the oral oath of office of President of the United States.
How does the Chief Justice of the United States help you beat your traffic ticket? Combining the two offices: President of the United States of America and President of the United States creates a kind of dictatorship over the federal States, the United States. To conceal this dictatorship, the new Congress and the President of the United States create by legislation a Supreme Court that mimics the “one supreme court” of Article III. The Supreme Court of the United States is without judicial power because it is constituted of existing non-judicial offices using legislative power. The Chief Justice is a demonstrably a non-judicial officer by virtue of the Constitution’s imposition of the legislative duty of presiding at the impeachment of the President of the United States.
Traffic laws, courts and judges are all produced by State legislation which directly relies on the sharing of legislative power conferred on the new Senate and House of Representatives of the United States of America in Congress assembled. Traffic laws apply in the United States and the jurisdiction of courts and traffic judges is limited to the federal territory within the county where the alleged violation occurred. The secret connection between the Constitution of the United States and State constitution must be discovered before you can successfully beat your traffic ticket. Enrolling in my Basic Course in Law and Government can help. To learn how you can enroll for $50 contact me at edrivera@edrivera.com
Dr. Eduardo M. Rivera
Jan
6
IMPEACH BARACK HUSSEIN OBAMA FOR MAKING RECESS APPOINTMENTS?
Filed Under Adoption, CONSTITUTION, IMPEACHMENT, LEARNING THE LAW, Oath of Office, OBAMA, PRESIDENTS | Leave a Comment
There are actually two forms of impeachment. The first is found in Article I Section 2 Clause 5: “The House of Representatives shall chuse their speaker and other Officers; and shall have the sole Power of Impeachment.” The unrestricted Power of Impeachment placed in the House of Representatives means any federal government Officer or employee including the President of the United States, may be removed for any reason or no reason at all. The condition that the Chief Justice presides at any impeachment trial of the President of the United States is not a restriction of the power of impeachment. The restrictions on the second form of impeachment found in Article II Section 4 are limited to the identified Officers of the United States of America.
The House of Representatives may impeach the President of the United States of America, his Vice President and all civil Officers of the United States of America, however, it may only impeach the President of the United States of America, his Vice President and all civil Officers of the United States of America “for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.”
The Constitution of the United States is like no other written document, so it should not be read like a newspaper or magazine. The Constitutional Convention that met first on May 25, 1787 and continued to meet in secret buried secrets in that document which can only be uncovered and understood with the help of an expert. My Basic Course in Law and Government provides the expert help you will need to understand the Constitution. For information on the Course, contact me at edrivera@edrivera.com
Dr. Eduardo M. Rivera
Nov
3
THE CONGRESS OF THE UNITED STATES CREATES A LEGISLATIVE SUPREME COURT FOR A GOVERNMENT OF MEN NOT LAWS
Filed Under Adoption, CONSTITUTION, IMPEACHMENT, Oath of Office | Leave a Comment
All the courts in America are headed by a man called the Chief Justice whose only constitutional duty is to preside at the impeachment of the President of the United States. Impeachment is expressly defined, as a non-judicial proceeding, in Article I Section 3 Clause 7: “Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to law.”
The condition that the Chief Justice “shall preside” only at the non-judicial impeachment of the President of the United States makes the Chief Justice a non-judicial officer in the Constitution of September 17, 1787. This Constitution itself would be transformed into the Constitution of the United States, a kind of Constitution George Washington could swear to “preserve, protect and defend,” as President of the United States. The oral oath George Washington took on April 30, 1789 had little or nothing to do with the duties imposed upon the President of the United States in Article I Section 7. This is the oath George Washington took at noon on April 30, 1789: “I, George Washington, do solemnly swear that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States.” “So help me God.” Washington could now sign Bills which he approved and make objections to those which he did not approve.
The day before George Washington and the First Congress enacted the Judiciary Act of 1789, which established the federal court system, the President of the United States and Congress of the United States created the highest Officers of the so-called federal judiciary. The Chief Justice of the Supreme Court of the United States, who sits atop the federal and State courts, is entirely the creation of the Congress of the United States, hence, the conclusion that the government which emerges from the ratification of the Constitution of September 17, 1787, by nine States, is a government of men and not a government of laws.
Dr. Eduardo M. Rivera
Oct
7
DO YOU KNOW MORE LAW THAN THE CANDIDATES FOR THE OFFICES OF PRESIDENT OF THE UNITED STATES AND PRESIDENT OF THE UNITED STATES OF AMERICA?
Filed Under Adoption, Articles of Confederation, COMMON LAW, CONGRESS, CONSTITUTION, Electoral College, Fourteenth Amendment, FREEDOM, IMPEACHMENT, LEARNING THE LAW, Presidential Elector, PRESIDENTS | Leave a Comment
If you are a regular reader, you know the basis of all written law in America is the Organic Laws of the United States of America. The current Republican candidates and the incumbent Democrat Barack Hussein Obama know there’s a Declaration of Independence of July 4, 1776 and the Republicans are equally convinced there’s a Constitution that’s not being followed. No one in government is aware of the two Organic Laws between the Declaration of Independence and the Constitution of September 17, 1787.
Do any of the candidates for President know the Office of President of the United States of America is filled immediately when the Electoral certificates are counted? Has any Republican candidate figured out that Barack Hussein Obama was already President of the United States of America when he took the oral oath of Office of President of the United States?
A republic is a form of government where the head of State is not a monarch. The American presidency combines the office of head of State, the President of the United States of America with the office of head of the government, the President of the United States, to form a kind of government that is neither republic nor democracy.
Shouldn’t the incumbent President know more about the law and government than you? What are you going to do about the dumbed down Presidents?
Dr. Eduardo M. Rivera
May
6
WHAT IS THE SOURCE OF THE POWER TO TAX REAL PROPERTY IN THE UNITED STATES?
Filed Under Articles of Confederation, CONSTITUTION, FREEDOM, IMPEACHMENT, LEARNING THE LAW, Northwest Ordinance, Property Taxes | Leave a Comment
The power to tax property in America is traditionally thought of as a local legislative power, for good reason, because a tax on property evokes the memory of tyrannical English taxation which was a major cause of the War of Independence. The truth is the direct tax on property can only be justified as a right to tribute and fealty due nobility.
The Northwest Ordinance of July 13, 1787 and Constitution of September 17, 1787 were creations of the Continental Congress, the United States in Congress assembled under the Articles of Confederation of November 15, 1777 for the purpose of validating a counterfeit government power that would be a substitute for the power the British monarch wielded in tax collection. The new American democracy created a king for a term of years who ruled to benefit Congress and the States and who was subject to impeachment if he failed to serve those two masters.
The States were rewarded with the power to legislate in all matters not within the enumerated powers and the power to impose local property taxes through cities and counties. The reference to “Taxes” in Article I Section 8 Clause 1 of the Constitution of September 17, 1787 is to direct taxes on people, but not property within the United States. According to Wikipedia, the federal income tax is a direct tax permitted by the 16th Amendment. Wikipedia is, of course, wrong in its determination that the federal income tax is an un-apportioned direct tax. The subject of the sentence that is the 16th Amendment is the “power to lay and collect taxes on incomes,” which refers to the proprietary power to tax all income producing activities on the territory belonging to the United States of America.
The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all duties, Imposts and Excises shall be uniform throughout the United States.” Article I Section 8 Clause 1
The Constitution of September 17, 1787 makes no reference to a direct tax on real property within the United States, because the real property in the United States is owned by the United States of America and any personal property brought in is negligible.
The States, counties and municipalities are unable to cite authority for property taxation for one simple reason—there is none. It seems incredible, but the only legal basis for the property tax in America ended when King George III lost the American Revolution. To get the complete story of direct taxation in America, contact me for enrollment information at edrivera@edrivera.com
Dr. Eduardo M. Rivera