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“More Law – Less Justice”
"The
stranger that is within thee shall get up above thee very high, and thou
shalt
come down very low. He shall lend to thee, and thou shalt not lend to
him;
he shall be the head, and thou shalt be the tail."
[The Bible]
"I
am afraid the ordinary citizen will not like to be told that the banks
can, and do, create and destroy money. The amount of finance in
existence varies only with the action of the banks in increasing or
decreasing deposits and bank purchases.
We
know how this is effected. Every loan, overdraft or bank purchase
creates a deposit, and every repayment of a loan, overdraft or bank sale
destroys a deposit.
And
they who control the credit of the nation direct the policy of
governments, and hold in the hollow of their hands the destiny of the
people." [The
Rt. Hon. Reginald McKenna former British Chancellor of the Exchequer -
Chairman of the Midland Bank]
INTRODUCTION
Well,
we are about to shortly delve into social security about as deep as one
can go, and what you find stirred up at the bottom may surprise, and
even startle you, however, it is all information taken directly from the
listed Acts, Codes and Statutes.
Due
diligence by the reader is, as always, strongly recommended. Only
specialized professional legal advice can provide a complete and
exhaustive study on the subjects contained herein, and the reader is
advised to seek such professional advice for a definitive explanation on
all of the issues raised.
WHO
As
you will find, this is not quite the insurance program that it has been
made out to be. So who is responsible for this? Who should be held
accountable? Should anyone be held accountable?
We
all should be held accountable, as we all are accountable, as we get
what we deserve. There’s a saying, “if your not part of the
solution, you’re definitely part of the problem”, and it applies
here as with all things.
We
get what we deserve, what we are willing to accept. This is but the law
of Karma, of cause and effect on the metaphysical level. When we are
collectively more worthy, we will deserve more, and we will get more.
And this is speaking of direct responsibility as in day to day events
and occurrences, as it effects the quality of our life.
But
be it noted, there is also an even higher standard that all must answer
to – the final weighing in the balance, the reckoning. And I reckon
that the elite banksters are not going to fare to well, when all has
been said and done, and is then accounted for. Destiny is its
child, justice and righteousness its offspring.
THE PLAN
On
July 22,
1944, the would-be-rulers of the world all had a little get together at
Bretton Woods, New Hampshire, for the
United Nations-sponsored Monetary and Financial Conference, also known
as the Bretton Woods Conference.
The
purpose of the Conference was to establish an international
system of
rules to better manage the commercial and financial transactions of the
major industrial nations of the world, with the intent of rebuilding the
system of world capitalism that had been weakened following the
aftermath of World War II. The main architects of the plan were the
Assistant Secretary of the United States Treasury, Harry Dexter White,
and economist John Maynard Keynes.
An
interesting side note: Dexter was accused of being a spy Guilty
as Charged by Arnold Beichman,
and Keynes was a member of the Fabian Society. ALOR
- The Fabian Socialist Contribution
, [click on links to view] so it is quite reasonable to conclude that
they both harbored some ideological undertones that were not too far
removed from socialism, if not knee deep in it.
THE STRUCTURE
Since
you can’t have a system of rules and management without having an
organization to implement them, it was deemed necessary to create a
couple of international organizations to put the plan in place: hence,
the International
Monetary Fund
and the International
Bank for
Reconstruction and Development were established. The bank later came to
be called The World
Bank.
Recall
that the Federal Reserve Bank had recently been established as the
central bank of The United States. The Federal Reserve Bank was the
corporation that financed the corporation of The United States, per the
12 districts of jurisdiction it had created.
Also,
note that the Federal Reserve was one of the major financiers of the
war, and that the United Nations was established after the war, with the
purpose of creating an international
system of regulation to bring about “the least diversion for
armaments of the world's human and economic resources", as
stated in the U.N. Charter.
THE AGREEMENT
The
Bretton Woods Agreements Act,
was codified at United States Code - Title 22 at 286, which reads:
286
Acceptance of membership by the United States in International
Monetary Fund
"The
President is hereby authorized to accept membership for the United
States in the International Monetary Fund (hereinafter referred to as
the "Fund"), and in the International Bank for Reconstruction
and Development (hereinafter referred to as the "Bank"),
provided for by the Articles of Agreement of the Fund and the Articles
of Agreement of the Bank as set forth in the Final Act of the United
Nations Monetary and Financial Conference dated July 22, 1944, and
deposited in the archives of the Department of State. (July 31, 1945, ch
339, § 2, 59 Stat. 512.) Short titles: … May be cited as the 'Bretton
Woods Agreements Act'”.
OTHER
PROVISIONS:
“Par
value modification. For the Congressional direction that the Secretary
of the Treasury maintain the value in terms of gold of the
Inter-American Development Bank's holdings of United States dollars
following the establishment of a par value of the dollar at $38 for a
fine troy ounce of gold pursuant to the Par Value Modification Act and
for the authorization of the appropriations necessary to provide such
maintenance of value, see 31 USC § 449a.”
BY WHAT AUTHORITY?
Notice
the first sentence of the above quote which reads, “The
President is hereby authorized to accept membership for the
United States in the International Monetary Fund”, authorized by who?
The Bretton Woods Agreement? The Bretton Woods Conference? The Delegates
of the Meeting? Or did Congress authorize it? Why doesn’t it clearly
state who is doing the authorization – isn’t it a fairly critical
and important issue?
Well,
to be honest, it really doesn’t matter who approved it, or if anyone
ever did, as whomever may have approved it was not
authorized to authorize any
such agreement.
Even
if Congress had authorized it, they have no such authority according to
the Constitution. An agreement between two nations is what is known as a
Treaty. To agree to join and become a member of an international
organization of foreign nations, is obviously an international
agreement, which requires a Treaty.
The
Constitution is very specific on Treaties. It states that for a Treaty
to take effect, that first the President must sign the treaty; and
second, the Senate then ratifies his signature with a two-thirds
majority vote. The records do not show that this was the
procedure originally used to make this agreement.
Also,
The Constitution plainly states:
"The
enumeration in the Constitution of certain rights, shall not be
construed to deny or disparage others retained by the people."
[Ninth 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." [Tenth Amendment]
According
to the above referenced quote from the United States Code, it appears
that the United Nations gave authorization for the agreement, as 286
reads, “provided for by the Articles of Agreement of the Fund and the
Articles of Agreement of the Bank as set forth in the Final Act of the
United Nations Monetary and Financial Conference dated July 22, 1944.”
Can
the United Nations give the United States authorization to join and
international organization, and to make international agreements? Well,
not according to our Constitution.
It
almost sounds as if “they” have, or think they have, some kind of
sway or power over us..? This is obviously not conclusive proof, but it
does appear to warrant further investigation and some fully disclosed
discussion and answers.
Now,
be it duly noted that a treaty was made and signed between the United
States and the United Nations - on December 20, 1945, five months
after the above took place. Kind of like a game of rules and
treaties ipso facto. I may be wrong, but I don’t think that’s how it
is supposed to work.
TIMELINE
-
1607
– Colonists that first settled America were subjects
to the King of England
-
1643
- Articles of Confederation
are ratified by the First Continental
Congress
-
1774
- Declaration of Resolves
declared by the First
Continental Congress
-
1776
- The Declaration of Independence
was declared by the Second Continental Congress.
-
1777
– The Second Continental
Congress ratified The Articles of
Confederation
-
1788
- The Constitution of The United States was ratified by the Second
Congress of The United States.
-
1861
- the South seceded from the Union and The
Civil War began
-
1861
- President Lincoln declares martial
law under the Lieber
Code
-
1871
- The District of Columbia, the seat of our government is incorporated
-
1900
- The Coinage Act of 1900 puts in place the Gold
Standard
-
1913
- The creation of a central bank occurs – The
Federal Reserve – a
private corporation.
-
1933
- President Roosevelt proclaims a national
emergency
-
1933
- President Roosevelt confiscates
all
public holdings of gold
-
1944
- The Bretton
Woods Agreement
implementing an international
monetary system occurs
-
1945
- The International
Monetary Fund
established per Bretton Woods
-
1945
- The World
Bank established per
Bretton Woods
-
1946
- The
United Nations
established, its
predecessor since 1942 was the League
of Nations under
President Woodrow Wilson, with Colonel
Mandall House consulting
and advising the President on both international and domestic policy
-
1971
- President Nixon closes
the gold
window – ending the
Bretton Woods System
-
1986
–The United States goes from the world’s largest creditor
nation to the world’s largest debtor
nation
-
2004
- The Net International Investment Position of the U.S. is –2.4
trillion dollars
THE TREND
Are
there any definable trends in the above timeline?
One
obvious trend is that at the beginning of the timeline, the people of
America were subjects of the King of England. As the timeline
progresses, the people broke away from England and declared to be a free
and independent people. A new Nation was formed.
In
the middle of the timeline, a slow but continual change of the exact
“structure” of the government occurs, including a Civil War,
incorporation, and the implementation of Executive Orders declaring
martial law. The Constitution takes a backseat.
In
the latter part of the middle of the timeline another national emergency
is declared, and the private holdings or property, i.e. gold currency of
the people, is confiscated. A number of socialistic programs are
implemented, some declared unconstitutional by the Supreme Court.
Suddenly
there appears a trend involving the word international
and world
in several far reaching plans, policies, and organizations – both on a
governmental level, and a monetary level. The Constitution does not
authorize any such authority except by treaties between nations
according to due process of The Supreme Law of The Land.
Throughout
the timeline there is a trend whereby the previous monetary system in
place is replaced by a new monetary system, which is supposed
to cure the ills of the previous
monetary system.
Yet, there is also present the trend whereby the financial condition of
the nation keeps growing worse and worse.
Included
in this worsening financial trend is: an increasing national debt level,
which moves the nation from the largest creditor nation in the world, to
the largest debtor nation in the world; loss of purchasing power of the
Federal Reserve Note or dollar bill by 95%; and the savings rate falls
to historical low levels. Not exactly a stellar performance.
The
toll these trends add up to, or perhaps the proper word to use should be
– subtracts to, is an overall net
investment
position of the United States of a negative,
as in minus –2.4 trillion dollars
as of the
year 2003. This equates to approximately ¼ of the nation’s gross domestic
product value, which begs the question: who
is buying America?
The
Bottom Line

The
above chart speaks volumes as far as trends are concerned. They say on
wall street that the trend is your friend. So exactly who
does the above chart help out, in a friendly sort of way? Cui Bono?
Note: now in 2005 it is close to –3
trillion dollars.
Perhaps
the trend of internationalism
or globalism
is not the precipitating factor behind the negative trend of The United
States Investment Position, then again, perhaps it is...?
Perhaps
socialism
is the ideology behind internationalism
and globalism,
then again it’s all probably just mere coincidence, as is all of
history. Perhaps greed is the motivation behind all of the “isms”,
the greed for money, power, and wealth. The reader is left to decide for
themselves.
SOCIAL SECURITY REVISITED
Now
that the background history of social security has been presented, as
well as the resulting aftermath of the New Deal Administration, and the
various social programs it gave birth to, we can henceforth surgically
dissect social security with a much broader understanding at our
disposal, knowing from whence its ideology has come, and where its
implementation has taken us.
Perhaps
the future does come from out of the present, and the present from out
of the past. Perhaps to know one, may be, to know all. Perhaps not. But
let’s jump in and find out.
Also,
please note in what follows – the courts have repeatedly held that a statute
means only that which is stated in the statute and nothing more.
One
cannot second guess, or add or delete from what is specifically said,
word for word. Nothing more, and nothing less is allowed.
Also,
only a professional legal and or tax expert can provide a complete and
exhaustive study and opinion on these topics. What follows is for
intellectual consideration and discussion only. As always, due diligence
is a necessity.
THE ACTS AND THE STATUTES
The
Social Security System was created by the 1935
Social Security Act,
which is part of Title 42 of the
United States Code, Chapter
7. Social Security.
The
Security Act is administered by the Social Security Administration. The
latest amended version [2005] can be viewed at: Social
Security Act, Title 1 (click on links to view).
The
taxes paid to supposedly fund the system, are collected by the Internal Revenue
Service under the provisions of Title
26 : Section
1 of
the United States Code, known as the Internal
Revenue Code [click on link to view].
The
taxes that the Internal Revenue Services collect are not
sent to the Social Security Administration, they are sent to
the Government Accountability Office
[GAO], along
with other taxes that are collected, all of which gets deposited into
what is called, and which is – the government’s general account.
The
taxes paid and collected are supposedly held in a "trust fund”.
While it may be correct that a "trust fund" exists, that does
not mean that it contains the actual money that was taxed and collected.
As
has previously been shown, only special
issue government bonds are in the trust fund, bonds that are non-marketable.
As Our Commander In Chief, President Bush explained:
PRESIDENT DISCUSSES STRENGTHENING SOCIAL SECURITY IN COLORADO
Wings Over The Rockies Air and Space Museum
Denver, Colorado
“Now,
you probably think—some
of you may think there's what they call a Social Security trust: the
government collects the money for you, we hold it for you, and when you
retire, we pay it to you.
“But
that's not how it works.”
You
pay your payroll tax; we pay for the people who have retired, and if
there's any money left over, we spend it on government."
“That's
how it works.”
“And
what's left is an empty IOU, a piece of paper.”
“Because
it's a pay-as-you-go system, when more retirees start retiring—who are
living longer, getting paid more—more money starts going out than
coming in.” [end of quote].
To
view the entire Presidential report click on [http://www.whitehouse.gov/news/releases/2005/03/20050321-13.html]
AUTHORIZATION
The
United States Constitution does not authorize the federal government to be in the insurance
business, and this is what the Social Security System claims to be.
This is similar to the fact that Congress is not authorized to loan
money, only to borrow money.
Social
Security is not a contract as some
believe. It is simply a promise that
Congress has made out of political expediency, and Congress at anytime
could change their present position and renege
on the entire system.
All
money distributed by the Social Security System has to first
be appropriated by Congress, each year as needed. Since no
contractual obligation exists for the payment of any benefits, the
benefits could be terminated at any time, especially if
Congress doesn’t appropriate the needed funds.
IRS COLLECTS TAXES
All
direct taxes, including the personal and corporate income taxes,
self-employment taxes, as well as the so-called Social Security tax, are
imposed and collected under TITLE
26 - INTERNAL REVENUE CODE [click
on link to view].
The
Social Security tax is imposed by the code sections in chapter 21,
subtitle C of the Internal Revenue Code titled: Subtitle
C. Employment Taxes (click on link to view).
Sections
3101(a) and 3111(a) are statutes for the FICA tax - section 3101(a)
applies to employees and 3111(a)
to employers.
TITLE
26,
Subtitle
C, CHAPTER
21, Subchapter
A,
Sec. 3101 [click
on link to view]
Sec.
3101 Rate of Tax
STATUTE
”(a)
Old-Age, survivors, and disability insurance.
In addition to other taxes, there is hereby imposed on the income
of every individual a tax equal to the following percentages
of the wages (as defined In section
3121(a) received by him with respect to employment (as defined in
section 3121(b).”
[end quote]
TITLE
26,
Subtitle
C, CHAPTER
21, Subchapter
B,
Sec. 3111
Sec.
3111. Rate of Tax
STATUTE
“(a)
Old-age, survivors, and disability insurance.
In addition to other taxes,
there Is hereby imposed on every employer an excise tax, with respect to
having individuals in his employ, equal to the following percentages
of the wages (as defined In
section 3121(a) paid by him with respect to employment (as defined In
section 3121(b)” [end quote].
Now, most consider FICA to be a wage tax. However, a close reading of
section 3101(a) clearly states that the tax is an
income tax,
as the statute reads, “there is hereby imposed on the income
of every individual a tax equal to the following percentages
of the wages”.
[end of quote].
So
apparently, FICA
is an income
tax equal to a certain percentages
of wages.
TITLE
26, Subtitle
C, CHAPTER
21, Subchapter
C, Sec. 3121 (click
on link to view)
Sec.
3121. Definitions
STATUTE
”(a)
Wages. For purposes of this chapter, the term "wages" means
all remuneration for employment, including the cash value of all
remuneration (including benefits) paid in any medium other than cash;
except that such term shall not include – . . . .” [end quote]
Therefore,
wages are defined as remuneration for employment.
Sec.
3121 (b). Employment
STATUTE
”For purposes of this chapter, the term "employment" means
any service, of whatever nature, performed (A) by an employee for the
person employing him, irrespective of the citizenship or residence of
either,
(I) within the United States, or
(II) on or in connection with an American vessel or American aircraft
under a contract of service which is entered into within The United
States or during the performance of which and while the employee is
employed on the vessel or aircraft it touches at a port in The United
States....” [end quote]
Thus
employment means a service performed by one who is an employee
within the United States ...
DEFINITION OF UNITED STATES
As
with the issuance of all critical statutes, the important definitions of
the terms used in the statutes is always provided with the statute. The
United States, being a most important term in use within these records,
obviously receives a listing of specific definitions regarding its use
in this chapter: as defined in section 3121(e)(2):
Section
3121 (e) (1) & (2)
STATUTE
e)
State, United States, and citizen
For purposes of this chapter -
(1)
State
The term ''State'' includes the District of Columbia, the Commonwealth
of Puerto Rico, the Virgin Islands, Guam, and American Samoa.
(2)
United States
The term ''United States'' when used in a geographical sense includes
the Commonwealth of Puerto Rico, the
Virgin Islands, Guam, and American Samoa. An individual who is a citizen
of the Commonwealth of Puerto Rico (but
not otherwise a citizen of the United States) shall be considered, for
purposes of this section, as a citizen of the United States.
What
does the above say? – the definition of the
term "United States" is
the Commonwealth of Puerto Rico, the
Virgin Islands, Guam and American Samoa. Does that mean these
are the only areas in which the tax imposed by the cited chapter
applies?
Whenever
words are used as legal terms, precise definitions of those terms are
always included in the law. These definitions explain the exact meanings
of the terms used.
It is
also a general rule of law that nothing can be added to the definition
of a term – it means only that which is stated, nothing more, nothing
less.
But
why would the term "United States"
be limited to refer to the four island possessions of Puerto Rico, the Virgin Islands, Guam
and American Samoa? That appears to be a bit odd?
As
previously stated, only a professional legal tax expert can provide a
definitive explanation and or answer, but the wording is as it is. And
it is most curious, to say the least.
Now,
let’s compare the above statute with another statute which also
involves taxes and the term United States.
TITLE
26,
Subtitle
D, CHAPTER
38, Subchapter
A, Sec. 4612
Code
Section 4612
is a code concerning a tax on crude oil.
STATUTE
a)
Definitions
For purposes
of this subchapter -
(1)
Crude oil
The term ''crude oil''
includes crude oil condensates and natural gasoline.
(2)
Domestic crude oil
The term ''domestic crude
oil'' means any crude oil produced from a well located in the United
States.
(3)
Petroleum product
The term ''petroleum
product'' includes crude oil.
(4)
United States
(A)
In general
The term ''United States'' means the 50 States, the District of
Columbia, the Commonwealth of Puerto Rico, any possession of the United
States, the Commonwealth of the
Northern Mariana Islands, and the Trust Territory of the Pacific
Islands.
Obviously
the most highly trained and skilled legal tax experts wrote these
statutes, which collectively compose a body of some of the most complex
writings known to mankind.
It
would thus seem to follow that if in one statute they specify one thing,
and in another statute they specify something else, they do so because
they know there is an important difference and distinction to be made
known or expressed; and they express it accordingly, by specific
definitions.
This
seems to indicate that when the term United States means the fifty
states of the union, [as existed at the time of the writing of the
statute], it specifically refers and says: the 50 States, as it most
clearly and distinctly does in the above statute TITLE
26, Subtitle
D, CHAPTER
38, Subchapter
A, Sec. 4612 concerning
taxes on crude oil.
Conversely,
it is also clear that the term United States, as used to describe the
areas where the Social Security tax applies, does not mention or use the
term “the fifty states” in the definition under that section, it
only mentions the four island possessions under the term's definition.
Therefore,
according to the wording of the statute itself, it appears
that the FICA tax does not apply within the
fifty states of the Union. But perhaps we are missing
something that only a legal tax expert can clear up.
However,
the wording is as it is, and probably is susceptible to different
interpretations by different “experts”, as even in a court of law,
both sides are represented by “experts”, that have diametrically
opposing views and opinions. And even the Supreme Court Justices differ
in their opinions, as noted by the dissenting views.
SO,
WHAT’S THE POINT?
There
are lots of points that have been made thus far; the final conclusion to
come in part ten will go over all of the major conclusions and findings
in a final reiteration. The main point that this present article is
attempting to illustrate is that social security is a tax, a form of
income tax based on the amount of wages one earns.
And
furthermore, the wording of some of the language of the statutes does
not seem to indicate what many would or have led us to believe. But as
has been repeatedly said, only a legal tax expert can give a definitive
explanation and answer to these issues.
Without
doubt, however, social security was one of, it not the cornerstone of,
Roosevelt’s New Deal Program, and as we have seen, many of the New
Deal programs were very socialistic in ideology, structure,
implementation, and final result(s).
Such
is a far cry from a the original constitutional republic form of limited
government established by the founding fathers, where the
emphasis was on individual freedoms as
opposed to far-reaching governmental powers.
Social
security is stated to be an insurance
program, its original name was
“Old-age, survivors, and disability insurance”.
However, the Constitution does not grant Congress the power to be in the
insurance business.
The
Constitution does not grant Congress the power to hand over the
control of the nation’s money supply to a private corporation such as
The Federal Reserve (1913). And most definitely the Constitution does not
delegate Congress the power to confiscate all the people’s gold
(1933), which at the time was the monetary system of the country.
Many
of these seemingly unconstitutional acts, or offshoots of prior such
acts, uncannily cluster around the year 1933, during Roosevelt’s term
as President. Even the charts show abnormal patterns starting during
this year (1933). The only year that rivals 1933 for such an infamous
proliferation of history making events is 1913.
The
evidence so far revealed, indicates that the collective result of the
policies of the New Deal, Social Security being its cornerstone, has
been a weakening of the financial strength of our country.
This
is most evident by the rising debt levels, falling savings levels, etc.,
but the most telling statistic is the cumulative negative
–3 trillion dollar international investment position
of the United States. This
speaks volumes of the bottom line, as it is the bottom line.
As
the timeline shows, our present negative international investment
position is the culmination of a series of events that were part and
parcel of an overall trend of more and more power being usurped by big
government, while less and less power was left to the people.
Our
negative international investment position is the report card on how the
government performed with the increase of power – the honor roll was
obviously not made. A more resounding proclamation as to why more power
should be returned to the people would be hard to come by.
All
during this trend there was the formation of several international
organizations that our Constitution does
not grant
any direct authority to, to
“seemingly” wield the influence they do over the United States.
These
international organizations then use the power and prestige accorded by
their relationship with the United States, to direct the rest of the
world to follow their recommended course of action, most often in the
financial and economic arena, although the “big stick” is always
present if needed, and looms large in the background.
It
is almost as if there were some unseen power that is slowly moving all
nations towards some sort of one world government or order, especially
in regards to monetary policy.
The
advent of the euro is a most interesting development, especially on the
ideological level as to the motivation for its creation. The intent
would seem most obvious – just follow the money and or the stream
being created for the money to flow through and to.
As
was stated way back near the beginning of this series, after we had
started to look closer and closer at social security and its genesis –
it is apparent there is much more to social security than first
meets the eye.
There
is much more to The New Deal then first meets the eye. There is much
more to all of history then first meets the eye, especially history
according to the text books written by the trust foundations of the
wealthy elite.
Hopefully
some of that which is hidden from view has been made known. In part ten
we will attempt to “put it altogether”.
“And
by the signs which it is allowed to work in the presence of the beast,
it those who dwell on earth, bidding
them make an image for the beast which
was wounded by
the sword and yet lived; so that no
one can buy or sell unless he has the mark,
that is, the name of the beast
or the number of its name.”
“And
I saw, issuing from the mouth of the dragon and from the mouth of
the beast and from the mouth of the false prophet, three
foul spirits like frogs; for
they are demonic spirits, performing
signs, who go abroad to the kings
of the whole world,
to assemble them for battle on the great day of God the Almighty.”
Part
Ten to be forthcoming – the final conclusion.

© 2005 Douglas V. Gnazzo
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