7th Circuit Federal Court of
Appeals to Hear Landmark Sixteenth Amendment (Income Tax)
Court to determine whether proof of
non-ratification of the Sixteen Amendment Irrelevant.
Chicago, Oct. 27. The 7th Circuit Court of Appeals
has scheduled oral argument in the government’s case against William J.
Benson, author of The Law That Never Was–The Fraud of the 16th Amendment and
Personal Income Tax, for Oct. 28th at 10:00 a.m. in the Main Courtroom, Room
2721 of the United States Courthouse, 219 South Dearborn Street, Chicago,
Illinois. Issues to be decided include whether the Sixteenth Amendment, which
allows for the personal income tax, was actually ratified and whether evidence
of such non-ratification is admissible in a court of law.
William J. Benson was charged with falsely telling
the American People the Sixteenth Amendment was not ratified and therefore the
income tax is unconstitutional. The evidence of the truth of his statement was
struck from the record as "irrelevant and immaterial." The appeal before the
7th Circuit raises the question of whether American Citizens will continue to
be allowed to prove their innocence in the courts of this country.
In 1895 the United States Supreme Court declared
the federal income tax unconstitutional as an unapportioned direct tax.
Congress proposed the Sixteenth Amendment to allow the government to impose
and collect taxes on income. The proposed amendment was sent to the States for
ratification. Then Secretary of State, Philander Knox, received certificates
of ratification from the States which showed differences between the language
proposed by Congress and what was ratified by the States. Certified documents
on file in the United States National Archives establish that Knox, knowing
that States cannot change the language of a proposed Constitutional amendment,
relied upon a presumption that no State had done so, and declared the
Sixteenth Amendment as having been properly ratified.
Benson, who once worked for the Illinois
Department of Revenue, visited the National Archives in Washington, D.C., as
well as the capitols of all forty-eight states. Benson obtained certified
copies of the House and Senate Journals pertaining to the ratification of the
Sixteenth Amendment. These documents show that several states did,
intentionally, modify the language proposed by Congress, proving the
presumption relied upon by Secretary of State Knox was false. Benson published
his findings in a two volume set of books, and sold his books and supporting
documents on his website: http://thelawthatneverwas.com.
In 2004, the government sued Benson to enjoin him
from falsely telling the American people that the Sixteenth Amendment was not
ratified. In response, Benson’s attorney, Jeffrey A. Dickstein of Milwaukee,
Wisconsin, offered the certified documents into evidence. On motion of the
government’s attorney, the evidence was struck from the record as irrelevant
and immaterial, and the District Court issued the injunction. The complete set
of pleadings filed in the District Court are available at http://jeffdickstein.com/pleadings.aspx.
The appeal before the 7th Circuit raises four
fundamental questions of national significance: whether an American, charged
with making a false statement, is entitled to present evidence that his
statement is true; whether the injunction violates the First Amendment right
to freedom of speech; whether Secretary of State Knox committed fraud in
proclaiming the Sixteenth Amendment ratified; and whether the federal income
tax is unconstitutional.