The Next American Revolution
The Legitimate Source of Power 2
The Expansion of Federal Power 2
A Brief Lesson From History 3
Taking Back the Power 4
Taking Back the Purse Strings 5
A Note Regarding Timing 7
This booklet went out on 31 October 1994 to the Governors of
the 50 states and subsequently to the Governors elect. It promises
the Governors until 1 December 1994 to lay their plans and chart
their courses of action; it also promises that, as of that date,
this booklet shal have the broadest publication possible. At any
time after that (i.e. 8:59 p.m. PST, 9:50 p.m. MST, 10:59 p.m. CST
and 11:59 p.m. EST 30 November 1994) please copy and distribute
this booklet freely to friends, relatives, associates, and
especially the "people's media" (e.g. radio talk shows and computer
Committee for the Tenth Amendment
17220 Newhope Avenue, Suite 201
Fountain Valley, California 92708
In The Rights of Man, Thomas Paine observed,
All power exercised over a nation, must have some
beginning. It must be either delegated or assumed. There are
no other sources. All delegated power is trust, and all
assumed power is usurpation. Time does not alter the nature
and quality of either.
Numerous states in this union have passed resolutions calling
for the federal government to cease and desist in its issuing of
mandates beyond the scope of its constitutionally delegated powers.
This booklet calls upon the Governor of each state to lead in
taking power back from the federal government by living up to
his/her oath of office: to preserve, protect and defend the
Constitution of the United States, and the Constitution of his/her
We offer this booklet not for the sake of confrontation, but
as a plea for leadership and cooperation in restoring this country
to the people. This booklet comes not from a spirit of meanness,
but of love for our fellow citizens and hope that we can once again
secure the full blessings of liberty for our nation.
It only takes one brave Governor to win the next American
revolution, and take this country back for the people.
THE LEGITIMATE SOURCE OF POWER
"Governments are instituted among Men, deriving their just
powers from the consent of the governed," according to the
Declaration of Independence.
"We the People of the United States," established our federal
government, and granted it certain powers through our Constitution.
The fact that we granted our federal government certain rights in
no way gives it the power or authority to take away any other
rights, as stated in the Ninth Amendment.
Our Tenth Amendment establishes that the powers not
specifically granted to the federal government by the people,
through the Constitution, remain with the people. Further, the
powers not prohibited to the states (through Article I, Section 10)
remain with the states, not the federal government.
Those who contend that the states lost all of their rights to
the federal government with the Fourteenth Amendment would do well
to consider the case of New York V. United States [112 S. Ct. 2408
(1992)], with the majority opinion written by Justice Sandra Day
O'Connor. The Court ruled that Congress may not simply commandeer
the legislative and regulatory processes of the states.
If indeed the states lost any rights through the Fourteenth
Amendment, they could lose them only to the people (per the Tenth
Amendment), not to the federal government.
One brave Governor can restore the rights to the states and
THE EXPANSION OF FEDERAL POWER
Our federal government has, through a long train of abuses and
usurpations, continually expanded its power in states of the union
over the last century.
Congress has dictated speed limits and other traffic laws to
the states; set standards for cleaning the air which surpass even
California's -- the most stringent in the nation; passed laws
requiring that sewage treatment plants sending water into the ocean
must even remove beneficial organic matter which the local ecology
has thrived on for years; and in other ways too numerous to mention
taken it upon themselves to manage the lives and affairs of the
citizenry. The federal government has attempted to establish
standards for our schools, and their curricula. The Food and Drug
Administration has taken it upon itself to tell citizens what they
can and cannot do with their own bodies. Where in the Constitution
did we give them these rights?
To those who would cite the interstate commerce provisions of
the Constitution, we would respond with,
The grant of power to Congress over the subject of interstate
commerce was to enable it to regulate such commerce, and not
to give it authority to control the states in their exercise
of the police power over local trade and manufacture. Hammer
v. Dagenhart Et. Al., 247 U.S. 251 (1918).
The mere declaration by the legislature that a particular kind
of property or business is affected with a public interest is
not conclusive upon the question of the validity of the
regulation. The matter is one which is always open to
judicial inquiry. Tyson v. Banton, 273 U.S. 418 (1926).
Others would say that Congress has to provide for the general
welfare, and we would respond,
It does not help to declare that local conditions throughout
the nation have created a situation of national concern; for
this is but to say that whenever there is a widespread
similarity of local conditions, Congress may ignore
constitutional limits on its own powers and usurp those
reserved to the states. If, in lieu of compulsory regulation
of subjects within the states' reserved jurisdiction, which is
prohibited, the Congress could invoke the taxing and spending
power as a means to accomplish the same end, clause 1 of
Section 8 of Article I would become the instrument for total
subversion of the governmental powers reserved to the
individual states. United States v. Butler, 297 U.S. 53
Unfortunately, this has come to pass, in spite of the fact
that the Court further held,
The Congress cannot invade state jurisdiction to compel
individual action; no more can it purchase such action. U.S.
v. Butler, supra.
Lately the federal government has become more bold in its
presumptions of power within the states. Witness the acts of the
Drug Enforcement Administration, the Bureau of Alcohol, Tobacco and
Firearms, and other federal police agencies.
One brave Governor can end these abuses.
A BRIEF LESSON FROM HISTORY
The founding fathers of this nation, having just won
independence from a tyrannical king, had a serious mistrust of
government. They wrote the Constitution to "secure the blessings of
liberty to ourselves and our posterity."
Alexander Hamilton wrote in Federalist Paper 33 regarding the
source of power,
If the federal government should overpass the just bounds of
its authority and make a tyrannical use of its powers, the
people, whose creature it is, must appeal to the standard they
have formed, and take such measures to redress the injury done
to the Constitution as the exigency may suggest and prudence
However, the framers of the constitution also realized that
the people might occasionally need help in asserting their rights;
as James Madison said in Federalist Paper 51,
In a single republic, all the power surrendered by the people
is submitted to the administration of a single government; and
the usurpations are guarded against by a division of the
government into distinct and separate departments. In the
compound republic of America, the power surrendered by the
people is first divided between two distinct governments, and
then the portion allotted to each subdivided among distinct
and separate departments. Hence a double security arises to
the rights of the people. The different governments will
control each other, at the same time that each will be
controlled by itself.
We hereby call upon the governments of the states to control
the federal government which has overpassed the just bounds of its
authority. One brave Governor can answer our call.
TAKING BACK THE POWER
To once again quote Alexander Hamilton, from Federalist Paper
Willful abuses of a public authority, to the oppression of the
subject, and every species of official extortion, are offenses
against the government, for which the persons who commit them
may be indicted and punished according to the circumstances of
One brave Governor can end the federal government's usurpation
of police powers by:
1) Restoring the National Guard as the State Militia, and not
allowing the federal government to call out the Guard to fight
on foreign soil without a declaration of war by Congress.
2) Informing all agents of the federal government acting in a
police capacity that, the people not having enumerated in the
constitution police power within the states as given to the
federal government, they have no such authority or
jurisdiction within the state.
3) Demanding that any federal police officers immediately
surrender any weapons used in such activity, or face
prosecution for impersonating a peace officer.
4) Prosecuting, for treason, any federal officer or agent who
uses force to resist.
5) Having the legislature review all laws passed under mandate
from the federal government, and repeal or revise them to fit
the actual wishes of the people of the state, without having
to worry about blackmail.
TAKING BACK THE PURSE STRINGS
If indeed the federal government has ruled by blackmail by
threatening to withhold funds, where did it get these funds?
A large percentage of the funds come from taxes levied on the
personal earnings of the citizens. Where in the Constitution did we
give them this right? Most would answer, "The sixteenth amendment
gives the federal government the right to tax income." But does it
give the federal government the right to tax the personal earnings
of citizens? The Supreme Court has said,
The power of taxation, which is expressly granted, may, of
course, be adopted as a means to carry into operation another
power also granted. But resort to the taxing power to
effectuate an end which is not legitimate, not within the
scope of the Constitution, is obviously inadmissible.
"Congress is not empowered to tax for those purposes
which are within the exclusive province of the States."
Gibbons v. Ogden, 9 Wheat. 1, 199;
U.S. v. Butler, supra.
This obviously calls into question the Constitutionality of
any federal tax paid into the general treasury at this time.
However, even if the federal government did not use tax funds "for
those purposes which are within the exclusive province of the
States", does the federal government have the right to tax the
personal earnings of citizens? The courts have ruled,
"The revenue tax laws are a code or system in regulation
of tax assessments and collection. They relate to taxpayers,
and not to nontaxpayers. The latter are without their scope.
No procedure is prescribed for nontaxpayers, and no attempt is
made to annul any of their rights and remedies in due course
of law. With them Congress does not assume to deal, and they
are neither of the subject nor of the object of the revenue
laws." Long v. Rasmussen, 281 F.236 (1922);
Economy Plumbing and Heating v. U.S., 470 F. 2d 585 (1972).
Does the federal government have the right to tax the personal
earnings of citizens? Are they "taxpayers" subject to the revenue
codes? One school of thought holds that the jurisdiction of the
United States is only in Washington, D.C, federal enclaves within
the states, and the territories and insular possessions of the
United States, and that all income tax laws have, by statute,
applied only within this jurisdiction.
(See specifically 26 USC 3121 (e) (1) "State. The term "State"
includes the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, Guam and American Samoa." And 26 USC
7701 (a) (9) "United States. The term "United States" when
used in a geographic sense includes only the States and the
District of Columbia." Interestingly, Alaska and Hawaii lost
their status as "States" when they entered the union.)
This would preclude the collection of income tax within the states
of the union.
However, the question remains, does the federal government
have the right to tax the personal earnings of its citizens?
The enumeration in the Constitution of certain rights shall
not be construed to deny or disparage others retained by the
people. -- Constitution of the United States, Amendment IX.
All people are by nature free and independent and have
inalienable rights. Among these are enjoying and defending
life and liberty, acquiring, possessing, and protecting
property, and pursuing and obtaining safety, happiness, and
privacy. -- Constitution of the State of California, Article
I, Section 1 (emphasis added).
The Supreme Court said,
...taxation on income was in its nature an excise entitled to
be enforced as such... Brushaber v. Union Pacific R.R. Co.,
240 U.S. 1 (1916).
An excise taxes a privilege, not a right. Income taxes tax the
franchise of acting in a corporate or quasi-corporate manner, and
therefore do not apply to citizens acting in their individual
capacity. Each citizen has the right to earn income.
The Supreme Court went on to say,
The Sixteenth Amendment conferred no new power of taxation but
simply prohibited the previous complete and plenary power of
income taxation possessed by Congress from the beginning from
being taken out of the category of indirect taxation to which
it inherently belonged... Stanton v. Baltic Mining Co., 240
U.S. 103 (1916).
The power to tax is the power to destroy. Power to destroy the
right to earn an income had not been conferred upon the Congress
prior to the Sixteenth Amendment, and was not conferred upon the
Congress by the Sixteenth Amendment. Knowing this, a careful
reading of Title 26 will show that citizens do not qualify as
taxpayers. The Internal Revenue Service has collected taxes from
citizens only by fraud and extortion. Every state in the union has
laws against such acts.
One brave Governor can end the federal government's rule by
blackmail by simply standing up and speaking the truth; tell the
people of the state that the Internal Revenue Service has operated
by fraud and extortion long enough; then:
1) Pledge the full power and resources of the State Attorney
General's office to fight for and defend any citizen against
2) Advise anyone withholding taxes that the withholding
regulations of Title 26 apply only to nonresident aliens
(foreign nationals), and do not apply to citizens of the
states or the United States of America.
3) Instruct anyone withholding taxes from a citizen to both
cease and desist the withholding immediately, and refund any
such monies withheld but not yet paid to the IRS, or face
prosecution for fraud.
4) Advise the IRS agents that any further action to collect
taxes from any citizen in the state will make them liable for
prosecution for fraud and/or extortion.
These actions will keep the funds in the state, assure the
state a healthier economy, and free the state from rule by
A NOTE REGARDING TIMING
The intrusions of the federal government into the lives of the
citizenry have become so onerous that once one brave Governor, or
a group of brave Governors, leads the way, the other states will
follow -- with or without their Governors.
The Governors have one month from their receipt of this
booklet to lay their plans and chart their courses of action. After
one month, on 1 December 1994, this booklet shall have the broadest
publication possible. In short, the time has come for the Governors
GET OUT OF THE WAY.
An announcement during the first two weeks of December would
provide the state's economy with a significant holiday season
boost, ensure the citizens a happier and freer new year, and have
maximum impact upon the personal withholding paid to, and returns
filed with, the IRS.
Thomas Jefferson said we need a revolution every twenty years.
The time for this revolution has come. We do not call for shots to
be fired, or blood in the streets, only that the people and their
governments (state and federal) obey the laws and abide by the
Constitution. We pray that this will be a peaceful and bloodless
revolution, once again proving the greatness of this country and
the genius of its Constitution.
All we need is one brave Governor.
P.S. Each man must for himself alone decide what is right and what
is wrong, which course is patriotic and which isn't. You
cannot shirk this and be a man. -- Mark Twain