THE AMERICAN MATRIX - What Has Congress Done?

The American Matrix - What Has Congress Done? - by Paul Revere

The question shouldn't be what CAN Congress do? It ought to be, WHAT HAS CONGRESS DONE? If they haven't exercised the powers enumerated in the Constitution what difference does it make if they COULD do something?

I will be compiling a list of the things Congress HAS done without speculating WHAT they COULD do, legitimately. Credit is given where there is information from outside sources, authors, researchers, etc..., I have no wish to steal anyone's research or ideas. I will attempt to put together a reasonably concise listing of the "exact" things that have been done according to the Constitution. - I report, you decide. Sorry FoxNews.

FIRST: The Supreme Court has stated, "It is a well established principle of law that all federal legislation applies only within the territorial jurisdiction of the United States unless a contrary intent appears." Foley Brothers, Inc. v. Filardo, 336 U.S. 281 (1948)

The Deapartment of Justice United States Attorney USAM

Title 6 | Tax Resource Manual

6-1.000 on Policy

6-1.100 Department of Justice Policy and Responsibilities

The Assistant Attorney General in charge of the Tax Division, subject to the general supervision of the Attorney General and under the direction of the Deputy Attorney General, is responsible for conducting, handling, or supervising all matters arising under the internal revenue laws. 28 C.F.R. § 0.70.

6-5.130 Order for Entry to Effect Levy

The IRS must obtain a warrant before entering constitutionally protected premises to seize property for the payment of taxes. Cases involving orders of this type will be referred directly to the United States Attorneys. District Counsel has been instructed to prepare the pleadings -- standard forms consisting of an application, affidavit and proposed order -- and to present the pleadings to the USAOs for review and submission to the 22 et seq. If the case requires any substantial deviation from these forms, please consult immediately with the Chief of the appropriate Civil Trial Section.

Upon receipt of the material from District Counsel, the United States Attorney should expeditiously review the material to determine whether the legal standard to effect a Writ of Entry has been met. While the circumstances need not be exigent, a determination should be made that the taxpayer is, indeed, recalcitrant, and that the revenue officer has been unable to gain voluntary admittance to the property for purpose of seizure. The Assistant United States Attorney to whom the case is assigned for processing should discuss the matter with the revenue officer to assure that the affidavit is complete and accurate and to ascertain whether there are any unusual features of the case which may lead to denial of the writ. In some cases, for example, the taxpayer has entered into arrangements with the IRS for payment of the outstanding taxes and was not in default. For obvious reasons, orders should not be sought under such circumstances.

In order to effectively support the collection efforts of the IRS, it is important that the proposed pleadings be reviewed and submitted to the court in an expeditious manner.

Rule 54 tells us who or where the jurisdiction of the United States District Court lies.

(a) Courts.

These rules apply to all criminal proceedings in the United States District Courts; in the District (FOOTNOTE 1 ) of Guam; in the District Court for the Northern Mariana Islands, except as otherwise provided in articles IV and V of the covenant provided by the Act of March 24, 1976 (90 Stat. 263); in the District Court of the Virgin Islands; and (except as otherwise provided in the Canal Zone) (FOOTNOTE 2 ) in the United States District Court for the District of the Canal Zone; in the United States Courts of Appeals; and in the Supreme Court of the United States; except that the prosecution of offenses in the District Court of the Virgin Islands shall be by indictment or information as otherwise provided by law.

"Magistrate judge" includes a United States magistrate judge as defined in 28 U.S.C. Sec. 631-639, a judge of the United States , another judge or judicial officer specifically empowered by statute in force in any territory or possession, the Commonwealth of Puerto Rico, or the District of Columbia, to perform a function to which a particular rule relates, and a state or local judicial officer, authorized by 18 U.S.C. Sec. 3041 to perform the functions prescribed in Rules 3, 4, and 5.