Exactions Table of Authorities

The inevitable conclusion arrived at by the inescapable logic in this simple illustration is intolerable and sickening.
Civil Rights Act. Equal Rights. Good, right? Wrong. As we know, here's what you get along with your civil "equal" rights: Civil Rights Act of 1866 CRA 42 U.S. Code 21 1981, 1981A, 1983, & 1988 42 USC CHAPTER 21 CIVIL RIGHTS TITLE 42 THE PUBLIC HEALTH AND WELFARE CHAPTER 21 CIVIL RIGHTS Sec. 1981. Equal rights under the law. 1981a. Damages in cases of intentional discrimination in employment 1983. Civil action for deprivation of rights. 1988. Proceedings in vindication of civil rights. Sec. 1981. Equal rights under the law (a) Statement of equal rights All persons within the jurisdiction of the United States shall have the same right in every State and Territory to make and enforce contracts, to sue, be parties, give evidence, and to the full and equal benefit of all laws and proceedings for the security of persons and property as is enjoyed by white citizens, and shall be subject to like punishment, pains, penalties, taxes, licenses, and exactions of every kind, and to no other. Gee, thanks, but no thanks. You can go stick your civil equal right to being unlawfully subjected to taxes, licenses and exactions of every kind. Jeez, I know freedom isn't free but this is ridiculous. I read once that ALL taxes are EXACTIONS. Now, exactions, that's something we should learn more about. I wanted to know EXACT-ly what this "term of art" means as used in the Civil Rights Act. Wasn't hard to find and I see no need to go any further than this: EXACTION, torts. A willful wrong done by an officer, or by one who, under color of his office, takes more fee or pay for his services than what the law allows. Between extortion and exaction there is this difference; that in the former case the officer extorts more than his due, when
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something is due to him; in the latter, he exacts what is not his due, when there is nothing due to him. Wishard; Co. Litt. 368. From: A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Published 1856. So the civil rights act above tells you flat out that all persons, black and white, will be subjecting themselves, by 14th amendment US citizenship, to exactions, the next best thing to extortion! So, as the Act proclaims, those "rights" (subjections) are "granted" (imposed) when you are under the law. Then, the "exactor" exacts, or extracts, i.e., TAKES "what is not his due, when there is nothing due to him." Webster was familiar with the concept in 1828 and in 1913: EXAC'TION, n. The act of demanding with authority, and compelling to pay or yield; authoritative demand; a levying or drawing from by force; a driving to compliance; as the exaction of tribute or of obedience. 1. Extortion; a wresting from one unjustly; the taking advantage of one's necessities, to compel him to pay illegal or exorbitant tribute, fees or rewards. Take away your exactions from my people. Ezek.45. Daily new exactions are devised. Shak. Illegal exactions of sheriffs and officials. Bancroft. 2. That which is exacted; tribute, fees, rewards or contributions demanded or levied with severity or injustice. Daniel. Kings may be enriched by exactions, but their power is weakened by the consequent disaffection of their subjects. Thank you, Noah! So if it pisses off the subjects, what are Citizens supposed to think? I know there may not be a difference, so what should we sovereigns without subjects think; what should we men and women think?

Exaction. The excessive or unauthorized taking or collection of moneys as fees or dues by an

officer or by a person pretending to be an officer. An excessive demand. An amount demanded and taken without right. See Extortion. Ballentines Law Dictionary, 3rd edition. Modern definitions agree:

Encarta:
1. act of demanding and obtaining something: the act of forcing somebody to give something, especially payment 2. unfair demand: an unfair or excessive demand for something, especially money ( formal )

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3. payment obtained by force: a sum of money that has been forcibly demanded and obtained ( formal ) This is the very nature of the alleged income tax and property tax, among others, not to mention each and every fee and fine, and every other "payment" you make to the exactors; and, since, in fact and law, nothing is due, you are being subjected to an unlawful debt by a "counterfeited security" (they are uttering evidence of indebtedness unlawfully) and you pay or you go to jail or you die. They're crooks, self-admitted. It's racketeering at its boldest. No conspiracy necessary, just the implementation of these policies vi et armis, by force and arms. In fact, the definitions other than Bouvier's Law Dictionary make no mention of whether anything is actually "due" or not. Even if, arguendo, certain payments were due, the point is that the amount of the payments are unfair, excessive, and demanded and obtained by force -- unjustly! Tributes and obedience! Taking advantage of our necessities! This explains the price of gas and of food and of other "necessities." I would say that any imposition of the taxes, licenses and exactions of every kind (and they sure come up with some doozies) pursuant to the Civil Rights Act (all "Acts" move in commerce only) qualify, by definition, as criminal acts--torts. Of course, as we also know, silence equals consent, and consent comes in many other forms as well. I remember that Rousseau's theory of no government without consent also meant that if you don't consent you will be forced to consent to exist in society. That is no consent but coercion. Here's a commentary on Locke's ideas in contrast to Rousseau, and the excerpt from Rousseau's Social Contract.

Tacit Consent
The theory of an implicit social contract holds that by remaining in the territory controlled by some government, people give consent to be governed. This consent is what gives legitimacy to the government. Philosopher Roderick Long argues that this is a case of question begging, because the argument has to presuppose its conclusion: I think that the person who makes this argument is already assuming that the government has some legitimate jurisdiction over this territory. And then they say, well, now, anyone who is in the territory is therefore agreeing to the prevailing rules. But theyre assuming the very thing they're trying to prove namely that this jurisdiction over the territory is legitimate. If it's not, then the government is just one more group of people living in this broad general geographical territory. But I've got my property, and exactly what their arrangements are I don't know, but here I am in my property and they don't own it at least they haven't given me any argument that they do and so, the fact that I am living in "this country" means I am living in a certain geographical region that they have certain pretensions over but the question is whether those pretensions are legitimate. You cant assume it as a means to proving it.[9] An answer to this argument is that a society which has effective dominion over a territory, that is, a state, is the sovereign over that territory, and therefore the true, legal owner of all of it. This is actually the theory of law for real property in every country. What individuals can own is not the land itself, but an estate in the land, that is, a transferrable right to use and exclude others
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from use. The true owner is the sovereign, or supreme lawmaking authority, because it can make and enforce laws that restrict what one can do on one's estate. [Essentially, this seems to be equivalent to the difference between ownership and possession, or the difference between the right TO property and the right OF property.] 9. See Long, Roderick. Libertarian Anarchism: Responses to Ten Objections, Section (1). --From the Principles of John Locke =============

Rousseau - The Social Contract

If then the people promises simply to obey, by that very act it dissolves itself and loses what makes it a people; the moment a master exists, there is no longer a Sovereign, and from that moment the body politic has ceased to exist. This does not mean that the commands of the rulers cannot pass for general wills, so long as the Sovereign, being free to oppose them, offers no opposition. In such a case, universal silence is taken to imply the consent of the people. Rome, when it was most prosperous, suffered a revival of all the crimes of tyranny, and was brought to the verge of destruction, because it put the legislative authority and the sovereign power into the same hands. [This is exactly what has been done today folks. The legislature is the master, just ask them.] Nevertheless, the decemvirs themselves never claimed the right to pass any law merely on their own authority. "Nothing we propose to you," they said to the people, "can pass into law without your consent. Romans, be yourselves the authors of the laws which are to make you happy." There is but one law which, from its nature, needs unanimous consent. This is the social compact; for civil association is the most voluntary of all acts. Every man being born free and his own master, no one, under any pretext whatsoever, can make any man subject without his consent. To decide that the son of a slave is born a slave is to decide that he is not born a man. If then there are opponents when the social compact is made, their opposition does not invalidate the contract, but merely prevents them from being included in it. They are foreigners among citizens. When the State is instituted, residence constitutes consent; to dwell within its territory is to submit to the Sovereign. [34] The citizen gives his consent to all the laws, including those which are passed in spite of his opposition, and even those which punish him when he dares to break any of them. --Rousseau - The Social Contract =========
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Their code regarding counterfeited securities:

18 USC 513. Securities of the States and private entities

(a) Whoever makes, utters or possesses a counterfeited security of a State or a political subdivision thereof or of an organization, or whoever makes, utters or possesses a forged security of a State or political subdivision thereof or of an organization, with intent to deceive another person, organization, or government shall be fined under this title [1] or imprisoned for not more than ten years, or both. (c) For purposes of this section (1) the term counterfeited means a document that purports to be genuine but is not, because it has been falsely made or manufactured in its entirety; (2) the term forged means a document that purports to be genuine but is not because it has been falsely altered, completed, signed, or endorsed, or contains a false addition thereto or insertion therein, or is a combination of parts of two or more genuine documents; (3) the term security means (A) a note, stock certificate, treasury stock certificate, bond, treasury bond, debenture, certificate of deposit, interest coupon, bill, check, draft, warrant, debit instrument as defined in section 916(c) of the Electronic Fund Transfer Act, money order, travelers check, letter of credit, warehouse receipt, negotiable bill of lading, evidence of indebtedness, certificate of interest in or participation in any profitsharing agreement, collateral-trust certificate, pre-reorganization certificate of subscription, transferable share, investment contract, voting trust certificate, or certificate of interest in tangible or intangible property; (4) the term organization means a legal entity, other than a government, established or organized for any purpose, and includes a corporation, company, association, firm, partnership, joint stock company, foundation, institution, society, union, or any other association of persons which operates in or the activities of which affect interstate or foreign commerce ; ============ Attached Locke's beautiful Dissolution of Government for you reading pleasure. Alter or abolish Excerpts. No need to emphasize. It is ALL emphatic: Sec. 216. Thirdly, When, by the arbitrary power of the prince, the electors, or ways of election, are altered, without the consent, and contrary to the common interest of the people, there also the legislative is altered: for, if others than those whom the society hath authorized thereunto, do chuse, or in another way than what the society hath prescribed, those chosen are not the legislative appointed by the people.
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[This section illustrates the result of Rod's very well founded point about the deviation from the Jefferson Manual as well as the fact of our altered "ways of election," which is that, ipso facto, the LEGISLATIVE HAS BEEN ALTERED! The effect of this alteration is expounded in sections 212 and 277: Sec. 212. Besides this over-turning from without, governments are dissolved from within, First, When the legislative is altered. Civil society being a state of peace, amongst those who are of it, from whom the state of war is excluded by the umpirage, which they have provided in their legislative, for the ending all differences that may arise amongst any of them, it is in their legislative, that the members of a commonwealth are united, and combined together into one coherent living body. This is the soul that gives form, life, and unity, to the common-wealth: from hence the several members have their mutual influence, sympathy, and connexion: and therefore, when the legislative is broken, or dissolved, dissolution and death follows: for the essence and union of the society consisting in having one will, the legislative, when once established by the majority, has the declaring, and as it were keeping of that will. The constitution of the legislative is the first and fundamental act of society, whereby provision is made for the continuation of their union, under the direction of persons, and bonds of laws, made by persons authorized thereunto, by the consent and appointment of the people, without which no one man, or number of men, amongst them, can have authority of making laws that shall be binding to the rest. When any one, or more, shall take upon them to make laws, whom the people have not appointed so to do, they make laws without authority, which the people are not therefore bound to obey; by which means they come again to be out of subjection, and may constitute to themselves a new legislative, as they think best, being in full liberty to resist the force of those, who without authority would impose any thing upon them. Every one is at the disposure of his own will, when those who had, by the delegation of the society, the declaring of the public will, are excluded from it, and others usurp the place, who have no such authority or delegation. Sec. 227. In both the fore-mentioned cases, when either the legislative is changed, or the legislators act contrary to the end for which they were constituted; those who are guilty are guilty of rebellion: for if any one by force takes away the established legislative of any society, and the laws by them made, pursuant to their trust, he thereby takes away the umpirage, which every one had consented to, for a peaceable decision of all their controversies, and a bar to the state of war amongst them. They, who remove, or change the legislative, take away this decisive power, which no body can have, but by the appointment and consent of the people; and so destroying the authority which the people did, and no body else can set up, and introducing a power which the people hath not authorized, they actually introduce a state of war, which is that of force without authority: and thus, by removing the legislative established by the society, (in whose decisions the people acquiesced and united, as to that of their own will) they untie the knot, and expose the people a-new to the state of war, And if those, who by force take away the legislative, are rebels, the legislators themselves, as has been shewn, can be no less esteemed so; when they, who were set up for the protection, and preservation of the people, their liberties and properties, shall by force invade and endeavour to take them away; and so they putting themselves into a state of war with those who made them the protectors and guardians of their peace, are properly, and with the greatest aggravation, rebellantes, rebels.
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[YIKES!] [And, finally the section below relates directly to the legislative alteration and as a consequence thereof, a "dissolution of the government" that we have discovered that has been accomplished by delivering the people into the subjection of a foreign power!] Sec. 217. Fourthly, The delivery also of the people into the subjection of a foreign power, either by the prince, or by the legislative, is certainly a change of the legislative, and so a dissolution of the government: for the end why people entered into society being to be preserved one intire, free, independent society, to be governed by its own laws; this is lost, whenever they are given up into the power of another. [OUCH! So by giving up the legislative power to the United Nations, they themselves have dissolved the government from within! That also may explain why, as a consequence of their mere act of swearing an oath to a foreign power, they lose their citizenship!] =================

By Definition
Fees and fines are taxes. All taxes are exactions. Exactions are extortion. Extortion is a crime. "Over & over again courts have said there is nothing sinister in so arranging one's affairs to keep taxes as low as possible. Everybody does so, rich or poor, and all do right, for nobody owes more tax than the law demands; taxes are enforced exaction, not voluntary contributions." --Judge Learned Hand, Justice, Appellate Court of the United States. ================ Tax Verb intransitive. 2. To exact a tax from. Transitive: 1. to impose a tax on. 2. to demand a tax from. Similar words: exact. The American Heritage Dictionary of the English Language: Fourth Edition. 2000
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Taxes consist of direct tax or indirect tax, and may be paid in money or as corve labor. A tax may be defined as a "pecuniary burden laid upon individuals or property to support the government [ . . .] a payment exacted by legislative authority."[1] A tax "is not a voluntary payment or donation, but an enforced contribution, exacted pursuant to legislative authority" and is "any contribution imposed by government [ . . .] whether under the name of toll, tribute, tallage, gabel, impost, duty, custom, excise, subsidy, aid, supply, or other name."[2] 1. Black's Law Dictionary, p. 1307 (5th ed. 1979). 2. Id. ================

When are 'fees' not new taxes?

Whether the governor's plan for health coverage succeeds will depend on his salesmanship of the thorny issue. By Peter Nicholas and Evan Halper, Times Staff Writers January 9, 2007 As part of a plan that promises healthcare for all Californians the centerpiece of his policy agenda this year Schwarzenegger wants to raise $1 billion in revenues from businesses and more than $3.7 billion from hospitals and doctors. Whether he succeeds will depend on his salesmanship. He will have to persuade influential business interests that what he is pitching is not a tax increase as commonly understood, but one component of a larger solution to a healthcare crisis marked by rising costs and spiking premiums. It is not new taxes that he wants to impose, the governor says, but "fees." Jon Coupal, president of the Howard Jarvis Taxpayers Assn, said: "It would be extraordinarily difficult to argue this is anything other than a tax. It is a government exaction that is not voluntary. The consequences of not paying it are substantial penalties. How is that not a tax?" Los Angeles Times Article ========================= Syllabus SUPREME COURT OF THE UNITED STATES 297 U.S. 1
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United States v. Butler

CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE FIRST CIRCUIT No. 401 Argued: December 9, 10, 1935 --- Decided: January 6, 1936

2. A tax, in the general understanding and in the strict constitutional sense, is an exaction for the support of Government; 17. The plan of the Agricultural Adjustment Act is to increase the prices of certain farm products for the farmer by decreasing the quantities produced; the decrease is to be attained by making payments of money to farmers who, under agreements with the Secretary of Agriculture, reduce their acreage and crops, and the money for this purpose is exacted, as a tax, from those who first process the commodities. Held: (1) The Act invades the reserved powers of the States. P. 68. (2) Regulation and control of agricultural production are beyond the powers delegated to the Federal Government. P. 68. (3) The tax, the appropriation of the funds raised, and the direction for their disbursement, are but parts of the plan -- the means to an unconstitutional end. P. 68. (4) The power of taxation, which is expressly granted to Congress, may be adopted as a means to carry into operation another power also expressly granted, but not to effectuate an end which is not within the scope of the Constitution. P. 69. (5) The regulation of the farmer's activities under the statute, though in form subject to his own will, is, in fact, coercion through economic pressure; his right of choice is illusory. P. 70. (13) Congress, being without power to impose the contested exaction, could not lawfully ratify the acts of an executive officer in assessing it. P. 78. =========================== SUPREME COURT OF THE UNITED STATES Syllabus extract UNITED STATES v. REORGANIZED CF&I FABRICATORS OF UTAH, INC., et al.
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certiorari to the united states court of appeals for the tenth circuit No. 95-325. Argued March 25, 1996 -- Decided June 20, 1996 Held: 1. The "tax" under 4971(a) was not entitled to seventh priority as an "excise tax" under 507(a) (7)(E), but instead is, for bankruptcy purposes, a penalty to be dealt with as an ordinary, unsecured claim. Pp. 4-13. (b) That history reveals that characterizations in the Internal Revenue Code are not dispositive in the bankruptcy context. In every case in which the Court considered whether a particular exaction called a "tax" in the statute creating it was a tax for bankruptcy purposes, the Court looked behind the label and rested its answer directly on the operation of the provision. See, e.g., United States v. New York, 315 U.S. 510, 514-517. . . . The Government also seeks to rely on a statement from the legislative history that all taxes "generally considered or expressly treated as excises are covered by" 507(a)(7)(E), but 4971 does not call its exaction an excise tax, and the suggestion that taxes treated as excises are "excise tax[es]" begs the question whether the exaction is a tax to begin with. There is no basis, therefore, for avoiding the functional examination that the Court ordinarily employs. Pp. 6-10. (c) The Court's cases in this area look to whether the purpose of an exaction is support of the government or punishment for an unlawful act. If the concept of a penalty means anything, it means punishment for an unlawful act or omission, and that is what this exaction is. The 4971 exaction is imposed for violating a separate federal statute requiring the funding of pension plans, and thus has an obviously penal character. Pp. 11-12. =================== EXAC'TION, n. The act of demanding with authority, and compelling to pay or yield; authoritative demand; a levying or drawing from by force; a driving to compliance; as the exaction of tribute or of obedience. 1. Extortion; a wresting from one unjustly; the taking advantage of one's necessities, to compel him to pay illegal or exorbitant tribute, fees or rewards. Take away your exactions from my people. Ezek.45. 2. That which is exacted; tribute, fees, rewards or contributions demanded or levied with severity or injustice. Kings may be enriched by exactions, but their power is weakened by the consequent disaffection of their subjects. Websters First edition 1828 =================
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1. The act of demanding with authority, and compelling to pay or yield; compulsion to give or furnish; a levying by force; a driving to compliance; as, the exaction to tribute or of obedience; hence, extortion. Take away your exactions from my people. Ezek. xlv. 9. Daily new exactions are devised. Shak. Illegal exactions of sheriffs and officials. Bancroft. 2. That which is exacted; a severe tribute; a fee, reward, or contribution, demanded or levied with severity or injustice. Daniel. Websters 1913 ================

exaction
noun formal 1 the action of exacting something, especially a payment. 2 a sum of money exacted.

exact
verb 1 demand and obtain (something) from someone. Compact Oxford Dictionary ============== Exaction noun Definition: 1. act of demanding and obtaining something: the act of forcing somebody to give something, especially payment 2. unfair demand: an unfair or excessive demand for something, especially money ( formal ) 3. payment obtained by force: a sum of money that has been forcibly demanded and obtained ( formal ) . Encarta =================== Exaction

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1 a : the act or process of exacting b : EXTORTION 2 : something exacted; especially : a fee, reward, or contribution demanded or levied with severity or injustice Exacting Function: transitive verb Etymology: Middle English, to require as payment, from Latin exactus, past participle of exigere to drive out, demand, measure, from ex- + agere to drive -- more at AGENT 1 : to call for forcibly or urgently and obtain <from them has been exacted the ultimate sacrifice -- D. D. Eisenhower> 2 : to call for as necessary or desirable synonym see DEMAND Merriam Webster ===================== exaction The act of demanding or levying by force or authority: "exaction of tribute"; "exaction of various dues and fees." Ultra Lingua Online dictionary ==================== exacted, exacting 1. To demand (payment, etc) from them. Thesaurus: extort, force, compel, wrest, extract. Form: exact something from someone (usually) Form: exact something of someone 2. To insist on (a right, etc). Thesaurus: demand, insist upon, require. Derivative: exacting adj Making difficult or excessive demands. Thesaurus: strict, demanding, tyrannical, rigid, severe, harsh, unsparing, tough, painstaking, stringent, arduous, difficult, laborious, taxing, toilsome. Derivative: exaction The act of demanding payment, or the payment demanded.
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Illegal demands for money; extortion. AllWords.com ================== Taxation. Recovery of Illegal Exaction. Voluntary or Coercive Payments The Yale Law Journal, Vol. 38, No. 2 (Dec., 1928), pp. 266-267 doi:10.2307/789955 http://links.jstor.org/sici?sici=0044-0094(192812)38%3A2%3C266%3ATROIEV%3E2.0.CO %3B2-P =================== tax (n., vt., adj.): Taxes are what we pay for civilized society. 156 These gems of wisdom by Mr. Justice Holmes (and from a dissenting opinion, at that) have been carved in stone and placed above the main entrance to the Internal Revenue Service (IRS) Headquarters building, 1111 Constitution Avenue, Washington, D.C. 157 Few if any attorneys or judges know or care about the legal precedent established in Mr. Chief Justice Tafts majority opinion in the case (which lost much of its precedential value in 1946, when the Philippine Islands, of which Taft had previously served as Governor General, became independent of American sovereignty). 158 Though the inscription carved on the stone molding continues to impart dignity and direction to the IRSs ongoing efforts to battle the barbarians, it has utterly failed to make paying ones taxes a pleasurable experience. 159. 156. Compaa General de Tabacos de Filipinas v. Collector of Internal Revenue, 275 U.S. 87, 100 (1927) (Holmes, J., dissenting). 157. Id.; IRS v. Citizens: There is No Excuse for Reported Government Violence Against American Taxpayers, NEWSDAY (New York), May 4, 1998, at A30; Internal Revenue Service, Governmental Liaison Contacts (listing headquarters address for Internal Revenue Service), available at
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http://www.irs.gov/govt/liaisons/article/0,,id=133086,00.html (last visited Feb. 5, 2006). 158. Compaa General de Tabacos de Filipinas, 275 U.S. at 87; Joseph R. L. Sterne, Editorial, A Century-Old Lesson in Nation-Building, BALTIMORE SUN, Sept. 5, 2003, at 13A (discussing Tafts professional history and role in the Philippines). 159. Cf. Dru Sefton, Enthusiasts Dont Mind Having to Pay Taxes, NEW ORLEANS TIMES PICAYUNE, Mar. 24, 2002, available at http://www.responsiblewealth.org/press/rwnews/2002/tax_fairness_new_orleans.html (accessed February 5, 2006) (reporting on rare tax enthusiasts happy to pay taxes in exchange for government services). Devils Dictionary of Taxation, http://www.hbtlj.org/v06p1/v06p1Ryeskyar.pdf

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