Certified Mail # 7000 0520 0020 25990 6557
Date April 2, 2001
135 Hart Senate Office Building
Washington, DC 20510-1501
I have recently read an article on the Internet, posted at Taxgate.com, regarding the rights of U.S. Citizens not to be subject to the Social Security Act, and the taxes imposed in Subtitle C § 3102 of the IRC (as they are dependent upon the definitions in the Social Security Act). It is apparent from the letter of the law that it is the responsibility and authority of the Equal Employment Opportunity Commission and the Department of Justice Office of Special Counsel to defend these rights of U.S. Citizens who claim their right under the law.
It is apparent from the words of the U.S. Supreme Court in the case Railroad Retirement Board v. Alton Railroad Co., 295 U.S. 330, 55 S. Ct. 758 (1935), that the U.S. Congress lacked the power and authority to make laws compelling the provision of retirement income, health care, and many other things, under the limitations of their authority under the Constitution.
In light of that ruling, it is apparent that the U.S. Congress took heed of these words when it enacted the Social Security Act (SSA) and made the requirement for the assignment of numbers to persons, only compulsory for aliens at their lawful time of admission to the U.S. This is so stated in Title 42 § 405(c)(2)(B). It is also of further importance to recognize that the creation of SSA was pursuant to the International Labor Agreement (ILA), which was a treaty between many nations to provide for a standardization of treatment and care of the nationals of each nation working in the others. With this in mind, it is easy to see why it is that the Congress only made registration into SSA mandatory for aliens.
There is also the fact of the limitation of the authority of the Congress to reach the individuals within the 50 states living and working in their respective states and not involved in interstate commerce. Nevertheless, the Congress did not make the law compulsory for U.S. Citizens, as most have been led to believe.
Therefore, it is plainly apparent that U.S. Citizens have the right, as U.S. Citizens, to not be subject to the Social Security Act, are not subject to the taxes imposed by the Act and collected under 26 U.S.C. in Subtitle C, "Employment Taxes", as most never made applications as adults but were assigned numbers by their parents' actions without informed consent, and those who did so as adults were not informed of their rights before signing the SS-5 registration form.
It is a legal fact that all of these registrations used to capture U.S. Citizens into the Act are not acceptable and legal under State minor laws, and the doctrine of law which states that ignorance of one’s right does not prejudice the right.
In my review of another related article on the rights of U.S. Citizens, I learned that the Equal Employment Opportunity Commission (EEOC), the U.S. Department of Justice Office of Special Counsel for Immigration Review (OSC), and the Office of the Chief Administrative Hearing Officer (OCAHO) all have authority under laws enacted by the U.S. Congress to provide protection and procedures for the assertion of the rights of protected individuals under these laws they are to enforce. It is plainly stated in the law that U.S. Citizens are the first protected individuals. Yet, these agencies refuse to offer any assistance, or information as to why it is that they refuse, to aid these protected individuals in the assertion and reclaiming of their rights, to 100% of their pay, from employers who are interfering with this right by refusing to recognize the rights of the Citizen as seen by the U.S. Supreme Court and within the letter of the IRC and the Social Security Act, or refuse to hire a U.S. Citizen who claims to not have a Social Security Number.
I want to know what you are going to do to help those U.S. Citizens, who desire to be free, to be free?
I want to know why the OSC defers to OCAHO, who defers to the EEOC, who defers to the IRS, and why the SSA/HHS also defer to the IRS, when confronted by this subject?
When was the IRS given the authority for enforcing and determining the rights of U.S. Citizens outside of the internal revenue laws?
Why do all roads in the investigation of the law regarding this right lead to the Office of the Secretary of the Treasury?
I want to know why it is that these agencies (EEOC, OSC, and OCAHO) can get away with avoiding their primary function, the protection of the inherent rights of U.S. Citizens?
Is the rule of law as set forth in the wording of the Social Security Act of no legal effect, and thus your legislative power is irrelevant?
Is the legal doctrine of the protection of an obscured right no longer in existence in American Jurisprudence?
Are contracts with minors illegal except in the case of the Social Security Administration?
It is apparent that the Secretary of the Department of the Treasury is the one with the legal responsibility to answer the questions of :
Why it is that U.S. Citizens will not be released from the Social Security Act, when it was not created to be compulsory for them to register (that is why they must make the voluntary act of application)? and;
Why it is that U.S. Citizens must be presumed to be subject to the Act and thus taxed, despite the fact that the law only imposes the tax upon those who are subject to the Act ?
I want this investigated. I want what is rightfully mine. The author of these articles on Taxgate.com spent four years researching this and other issues, and found the SSA admitting again and again, that the registration of U.S. Citizens into Social Security is voluntary, but that the SSA could not provide any law to support its claims that those unregistered Citizens are still subject to the tax imposed in the Act.
Tell me this. If the tax is imposed in the Act, and U.S. Citizens are not required to be registered in and thus subject to the Act, then how does an unregistered Citizen become subject to the tax imposed in the Act, which they are not subject to?
There must be a law, enacted by the Congress, making all subject to the Act, but there is not, as U.S. Citizens are only subject through application and aliens are the only mandatory/compulsory subjects. The authors of the article say there is no law, as those employers who have acknowledged and documented the rights of Citizens who have asserted their rights, and stopped withholdings, have either never heard from the IRS, or survived the audits, with the IRS having no ability to take penalty action against them.
In fact, it appears that when the Citizen properly asserts all of his rights against each IR law, the IRS cannot say anything about them and their earnings. This silence appears to create more fear in the minds of employers who do not understand that the Congress makes the laws, and the rights of the People are maintained within the laws as enacted, not given by the laws. Therefore, many employers refuse to recognize the rights of U.S. Citizens, despite the fact that their rights are provided for in Title 26 U.S.C., Title 8, and the Civil Rights Act of 1964. Prove this wrong, and you will end a battle that has been silently raging for over 10 years. Find this law and you will stop the tide, which Taxgate is seeking to swell.
If you cannot find this law, then I want to know why the EEOC, and OSC will not help U.S. Citizens recover this right?
I am now asking you, what are you going to do to help U.S. Citizens recover this right which exists outside of your legislative authority, since the IRS, DOJ, Administrative Law Judges within the OCAHO, and the Judicial Branch refuse to discuss the letter of the laws as enacted by the Congress and as seen by the U.S. Supreme Court?
Were you aware of this illegal action going on?
What is your plan of action to solve this problem, and see that the perpetrators of the illegal registration and taxation of U.S. Citizens are prosecuted, for abuse of authority, the Public Trust, and duty under the law enacted by the Congress, and sentenced accordingly?
Congressman Leach, Senator Grassley, Pres. Bush if this is the rule of the law, why is the Secretary of the Treasury violating it every time we turn around?
What has happened to the rule of law as enacted by the Congress?
When did this government employee rise above the rule of the authority of the Congress?
By what authority does the Treasury Department ignore the laws enacted by the Congress, and thus render their authority and the rights of the People politically irrelevant?
If we cannot expect, and have secured for us, a life under a rule of law, what then should we expect, and how can we expect society to sustain itself?
The laws the Congress has written and enacted have been acceptable on this matter, but the actions of the Executive Branch have been supported by nothing short of evasive lies and innuendo to convince most Americans and the Congress that there is some legal authority for holding all U.S. Citizens subject to the Social Security Act.
Congressman/Senator, Americans, in droves, are learning the truth about the Social Security Act, and the history of their rights to all of their money, and that the Social Security Act never compelled their registration. We are learning that there is nothing constitutionally wrong with the laws you and your predecessors have been enacting, just that the Treasury Secretary has been given Carte Blanche by someone to ignore them at will. We the People of America are not going to be the ones giving silent consent anymore.
We now see how the Office of the Secretary of the Treasury has been usurping the rights of the People, and the rule of law by the Congress, by forcing uninformed registration at birth. Some will work to see this stopped and corrected. There is no sense fighting it, as Social Security is unsalvageable, unless you want to make the U.S. Government the majority stockholder of all American businesses. Therefore, this insanity and violation of the American principles and American principles of law must end soon, like right now.
We demand that now and today, the laws enacted by the Congress be followed, not just by the Citizens, but also by the Federal Government. Otherwise, what good is the Rule of law, and what good is your legislative power?
What actions are you going to take to stop this lawlessness at the Treasury Department?
I urge you to investigate this matter, and you will find that the Treasury Department has not been acting in accordance with the laws your political and controlling body has enacted. When you find this to be true, it is only just and right that those who have violated the rule of the Congress, when they work for the Congress in the Executive Branch, should be disenfranchised, banned from any welfare program supported by the Federal Government, banned from future government employment, and entitled to transport to the despotic country of choice upon release from prison. We have no place for such arrogant lawlessness in this Republic, and such people can not be trusted.
I hope that you will stand with me in insisting that the laws made by the authority of the Congress be followed, even by the Executive Branch.
Should you resist actively, or passively by not responding, our numbers will grow in any event. Remember, that as this becomes a larger political movement, the system you may be seeking to hold together from its present pace of disintegration, will only disintegrate faster.
We the People know that you should figure out a way to help us re-create and return to the RULE of LAW in America.
The choice is yours.
I expect a timely and on-point response from you regarding this matter. Should you seek answers from the IRS, do not forget to check their answers to you, as they have a habit of giving incomplete and off-point answers to Congressional Officials on a regular basis.
I await your response and a description and time line as to when you expect to:
Bring the Treasury Department into compliance with the Rule of Law as enacted by power and authority of the Congress of the United States of America;
Press for the prosecution of Executive Department Officials and Employees who have acted outside of the law;
Enact a law revoking the pensions of, disenfranchising, banning from federally supported welfare programs, banning from government employment, and an offer of free and safe passage to any despotic or Communist land; any Federal Government employee who willingly, or knowingly, or maliciously, or with willful ignorance, violates the Rule of Law in their official capacity.
The People of this country cannot endure these types of characters in their government, carrying out these kinds of illegal action any longer. Watergate shocked the People, Iran-gate confused and bewildered the People in disbelief, and Campaign-gate has lowered the People to apathy. Should this trend continue, it is a fact that anger, aggression and violence are the next Public sentiments that will drive the political arena, as the only other option is the end of politics, as we know it.
We the People, by our silence, have allowed the government to force us into this situation, and the only proper, humanitarian, and logical action is an all out effort to restore the Rule of Law by the Congress of the People to this land.
I expect a response from you within 30 days from your receipt of this letter.
/s/ Brian Crocker
No response from the White House. Non-responsive letters from the Congressmen. Surprise! Surprise!
KEEP YOUR POWDER DRY!