So taxation, by impost and duty, by definition, fundamentally does not reach the labors of the American people conducted in the fifty states, where the labor does not involve any import or export, or other foreign activity. And Excise taxes are now accepted as being constitutionally defined by both law and precedent (over 600 times) as: “taxes laid upon the manufacture, sale or consumption of commodities within the country, upon licenses to pursue certain occupations, and upon corporate privileges … “.

But Title 15 U.S.C. Section 17, plainly and clearly states that: “The labor of a human being is not a commodity or article of commerce… “. Under the U.S. Constitution this law removes “the(domestic) labor of a human being (American citizens)” from subjectivity to any and all taxation by excise under Article I, Section 8.

This is of course why the United States’ IRS, DOJ, and the entire federal judiciary (at this point) PREVIOUSLY have had to claim in court for 50 years that – it is the 16th Amendment that authorizes the income tax, and not Article I, Section 8. Thus, under Article I of the Constitution, there is an admitted total lack of subjectivity of the citizens to any and all impost, duty or excise taxation on Labor, i.e.: the indirect taxation of the citizen’s labor, or a tax upon the exercise of his or her Right to Work resulting in the payment of “salary” or “wages“, does not apply to citizens, because it is not statutorily authorized, now made enforceable, as it is fundamentally outside of the legal reach, and scope of legal effect, of all of the granted Constitutional authorities to tax indirectly under authority of Article I, Section 8, clause 1 of the U.S. Constitution.

The reason why this is so important to understand, is because this basic information, concerning the proper, limited, application and enforcement of the constitutional, and constitutionally granted, powers to tax, is essential in properly and fully understanding the legal issue of the limited subject-matter jurisdiction of the federal courts that exists with respect to the taxation of the individual citizens. A proper and complete understanding of this legal issue, immediately leads to the realization that there is no constitutionally granted subject-matter jurisdiction that can be taken over a civil action to adjudicate and or enforce the claims that are alleged by the United States in any Complaint filed in a legal action that is filed in the federal courts to pursue the enforcement of the payment of a personal income tax against an individual American citizen as defendant. In the United States of America, under the Constitution of the United States of America, our federal courts are courts of only limited, specifically enumerated, constitutionally granted, powers, that only exist as written in the law. The courts cannot enforce ideas, or a philosophy, or custom or habit, or ritual, or beliefs, or even common sense.

The courts can only enforce the written law of the statutes of the Titles of United States Code. Nothing else. And of course, under the Constitution of the United States of America, a statute (law), can only be written by Congress where,

first: – the Constitution grants a specific power to be exercised by the Congress (as is done in Article I, Section 8); and second: the Constitution specifically grants the authority to the Congress to write law (as is done in Article I, Section 8, clause 18), with specific applicability to the enforcement of the power(s) granted, that was, or were, exercised in operational practice (enforcement) by the government (IRS).

So, the three required elements of our constitutional law in America, necessary to establish the subject-matter jurisdiction of the courtthat can be taken over any legal action, sufficient to allow that court to entertain and adjudicate the action in the court, are:

(1) a specific power must be granted by the Constitution or Amendment for Congress (the United States) to exercise;

(2) a specific grant of authority for Congress to write law must be made by the Constitution or Amendment, with respect to the administration and enforcement of the specific power granted in (#1) above 2; and,

(3) a specific statute must be legislatively enacted by an authorized Congress, with specific application to the enforcement of the specific power alleged granted and exercised in (#1) above, and made enforceable with authorized law under (#2) above.

These fundamental elements of constitutional law, controlling the ability of a federal court to lawfully take a granted subject-matter jurisdiction over a legal claim made by complainant (like the United States) in the federal district court, combined with the irrefutable lack of any enabling enforcement clause that exists in the 16th Amendment as adopted, make the United States’ claims in the courts that the 16th Amendment is the foundational authority for the enforcement of the income tax against the individual citizens, on the mere basis of being a “person” with alleged “gross income”, appear dubious at best, and a complete and total lie at worst, as this lack of granted constitutional authority to write law under the 16th Amendment also explains the alleged tax-protestors’ claims of the last 50 years, that – if the tax is under the 16th Amendment, then the tax must be voluntary, as no law is constitutionally authorized to be written by Congress, and therefore no law can exist, or does exist, under the 16th Amendment that effects the income of the citizens directly, without the underlying foundational use of the impost, duty and excise taxing authorities of Article I first being made applicable.

i.e. : a specific enabling enforcement clause of the Constitution, or one of its Amendments, must be shown to have been made applicable to the specific taxing power alleged constitutionally granted, and operationally practiced under (#1) above;

So the lower federal district and circuit courts have over time, seditiously reversed the Supreme Court’s original and true holding in 1916 – that the income tax is authorized and is constitutional under the granted and enforceable indirect Article I taxing authorities, as a measure of the amount of the indirect tax that is imposed on the income derived from the impost, duty or excise taxable activities or persons,

– who are made subject by the tax law to the payment of the uniform impost, duty or excise;

– which does not constitute an unconstitutionally unapportioned direct tax. The Supreme Court plainly held in 1916, in the Brushaber v. Union Pacific RR Co., 240 US 1 (1916) and Stanton v. Baltic Mining Co., 240 U.S. 103 (1916) cases, that the income tax is an indirect tax under Article I, and is not a direct tax under the 16th Amendment.

Again: “. . . The provisions of 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 .”