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HOW SOME STATES DID NOT LEGALLY
RATIFY THE 16TH AMENDMENT
Bill Benson's findings, published in "The Law That Never Was," make a convincing case that the 16th amendment was not legally ratified and that Secretary of State Philander Knox was not merely in error, but committed fraud when he declared it ratified in February 1913. What follows is a summary of some of the major findings for many of the states, showing that their ratifications were not legal and should not have been counted.
The 16th amendment had been sent out in 1909 to the state governors for ratification by the state legislatures after having been passed by Congress. There were 48 states at that time, and three-fourths, or 36, of them were required to give their approval in order for it to be ratified. The process took almost the whole term of the Taft administration, from 1909 to 1913.
Knox had received responses from 42 states when he declared the 16th amendment ratified on February 25, 1913, just a few days before leaving office to make way for the administration of Woodrow Wilson. Knox acknowledged that four of those states (Utah, Conn, R.I. and N.H.) had rejected it, and he counted 38 states as having approved it. We will now examine some of the key evidence Bill Benson found regarding the approval of the amendment in many of those states.
In Kentucky, the legislature acted on the amendment without even having received it from the governor (the governor of each state was to transmit the proposed amendment to the state legislature). The version of the amendment that the Kentucky legislature made up and acted upon omitted the words "on income" from the text, so they weren't even voting on an income tax! When they straightened that out (with the help of the governor), the Kentucky senate rejected the amendment. Yet Philander Knox counted Kentucky as approving it!
In Oklahoma, the legislature changed the wording of the amendment so that its meaning was virtually the opposite of what was intended by Congress, and this was the version they sent back to Knox. Yet Knox counted Oklahoma as approving it, despite a memo from his chief legal counsel, Reuben Clark, that states were not allowed to change it in any way.
Attorneys who have studied the subject have agreed that Kentucky and Oklahoma should not have been counted as approvals by Philander Knox, and, moreover, if any state could be shown to have violated its own state constitution or laws in its approval process, then that state's approval would have to be thrown out. That gets us past the "presumptive conclusion" argument, which says that the actions of an executive official cannot be judged by a court, and admits that Knox could be wrong.
If we subtract Kentucky and Oklahoma from the 38 approvals above, the count of valid approvals falls to 36, the exact number needed for ratification. If any more states can be shown to have had invalid approvals, the 16th amendment must be regarded as null and void.
The state constitution of Tennessee prohibited the state legislature from acting on any proposed amendment to the U.S. Constitution sent by Congress until after the next election of state legislators. The intent, of course, is to give the proposed amendment a chance to become an issue in the state legislative elections so that the people can have a voice in determining the outcome. It also provides a cooling off period to reduce the tendency to approve an idea just because it happens to be the moment's trend. You've probably already guessed that the Tennessee legislature did not hold off on voting for the amendment until after the next election, and you'd be right - they didn't; hence, they acted upon it illegally before they were authorized to do so. They also violated their own state constitution by failing to read the resolution on three different days as prescribed by Article II, Section 18. These state constitutional violations make their approval of the amendment null and void. Their approval is and was invalid, and it brings the number of approving states down to 35, one less than required for ratification.
Texas and Louisiana violated provisions in their state constitutions prohibiting the legislatures from empowering the federal government with any additional taxing authority. Now the number is down to 33.
Twelve other states, besides Tennessee, violated provisions in their constitutions requiring that a bill be read on three different days before voting on it. This is not a trivial requirement. It allows for a cooling off period; it enables members who may be absent one day to be present on another; it allows for a better familiarity with, and understanding of, the measure under consideration, since some members may not always read a bill or resolution before voting on it (believe it or not!). States violating this procedure were: Mississippi, Ohio, Arkansas, Minnesota, New Mexico, West Virginia, Indiana, Nevada, North Carolina, North Dakota, Colorado, and Illinois. Now the number is reduced to 21 states legally ratifying the amendment.
When Secretary Knox transmitted the proposed amendment to the states, official certified and sealed copies were sent. Likewise, when state results were returned to Knox, it was required that the documents, including the resolution that was actually approved, be properly certified, signed, and sealed by the appropriate official(s). This is no more than any ordinary citizen has to do in filing any legal document, so that it's authenticity is assured; otherwise it is not acceptable and is meaningless. How much more important it is to authenticate a constitutional amendment! Yet a number of states did not do this, returning uncertified, unsigned, and/or unsealed copies, and did not rectify their negligence even after being reminded and warned by Knox. The most egregious offenders were Ohio, California, Arkansas, Mississippi, and Minnesota - which did not send any copy at all, so Knox could not have known what they even voted on! Since four of these states were already disqualified above, California is now subtracted from the list of valid approvals, reducing it to 20.
These last five states, along with Kentucky and Oklahoma, have particularly strong implications with regard to the fraud charge against Knox, in that he cannot be excused for not knowing they shouldn't have been counted. Why was he in such a hurry? Why did he not demand that they send proper documentation? They never did.
Further review would make the list dwindle down much more, but with the number down to 20, sixteen fewer than required, this is a suitable place to rest, without getting into the matter of several states whose constitutions limited the taxing authority of their legislatures, which could not give to the federal govern authority they did not have.
The results from the six states Knox had not heard from at the time he made his proclamation do not affect the conclusion that the amendment was not legally ratified. Of those six: two (Virginia and Pennsylvania) he never did hear from, because they ignored the proposed amendment; Florida rejected it; two others (Vermont and Massachusetts) had rejected it much earlier by recorded votes, but, strangely, submitted to the Secretary within a few days of his ratification proclamation that they had passed it (without recorded votes); West Virginia had purportedly approved it at the end of January 1913, but its notification had not yet been received (remember that West Virginia had violated its own constitution, as noted above). To read more on the subject, CLICK HERE
President Barack Obama said in Turkey : "We do not consider ourselves a Christian nation or a Jewish nation or a Muslim nation. We consider ourselves a nation of citizens who are bound by ideals
and a set of values." Oh Really??!!
I found this very interesting.
Do you know the Preamble for your state? . .
Be sure to read the message at the bottom!
Alabama 1901, Preamble
We the people of the State of Alabama , invoking the favor and guidance of Almighty God, do ordain and establish the following Constitution...
Alaska 1956, Preamble We, the people of Alaska , grateful to God and to those who founded our nation and pioneered this great land.
Arizona 1911, Preamble We, the people of the State of Arizona , grateful to Almighty God for our liberties, do ordain this Constitution...
Arkansas 1874, Preamble We, the people of the State of Arkansas , grateful to Almighty God for the privilege of choosing our own form of government...
California 1879, Preamble We, the People of the State of California , grateful to Almighty God for our freedom...
Colorado 1876, Preamble We, the people of Colorado , with profound reverence for the Supreme Ruler of Universe...
Connecticut 1818, Preamble. The People of Connecticut, acknowledging with gratitude the good Providence of God in permitting them to enjoy.
Delaware 1897, Preamble Through Divine Goodness all men have, by nature, the rights of worshipping and serving their Creator according to the dictates of their consciences...
Florida 1885, Preamble We, the people of the State of Florida , grateful to Almighty God for our constitutional liberty, establish this Constitution...
Georgia 1777, Preamble We, the people of Georgia , relying upon protection and guidance of Almighty God, do ordain and establish this Constitution...
Hawaii 1959, Preamble We , the people of Hawaii , Grateful for Divine Guidance ... Establish this Constitution.
Idaho 1889, Preamble We, the people of the State of Idaho , grateful to Almighty God for our freedom, to secure its blessings.
Illinois 1870, Preamble We, the people of the State of Illinois, grateful to Almighty God for the civil , political and religious liberty which He hath so long permitted us to enjoy and looking to Him for a blessing on our endeavors.
Indiana 1851, Preamble We, the People of the State of Indiana , grateful to Almighty God for the free exercise of the right to choose our form of government.
Iowa 1857, Preamble We, the People of the St ate of Iowa , grateful to the Supreme Being for the blessings hitherto enjoyed, and feeling our dependence on Him for a continuation of these blessings, establish this Constitution.
Kansas 1859, Preamble We, the people of Kansas , grateful to Almighty God for our civil and religious privileges establish this Constitution.
Kentucky 1891, Preamble.. We, the people of the Commonwealth are grateful to Almighty God for the civil, political and religious liberties..
Louisiana 1921, Preamble We, the people of the State of Louisiana , grateful to Almighty God for the civil, political and religious liberties we enjoy.
Maine 1820, Preamble We the People of Maine acknowledging with grateful hearts the goodness of the Sovereign Ruler of the Universe in affording us an opportunity .. And imploring His aid and direction.
Maryland 1776, Preamble We, the people of the state of Maryland , grateful to Almighty God for our civil and religious liberty...
Massachusetts 1780, Preamble We...the people of Massachusetts, acknowledging with grateful hearts, the goodness of the Great Legislator of the Universe In the course of His Providence, an opportunity and devoutly imploring His direction
Michigan 1908, Preamble. We, the people of the State of Michigan , grateful to Almighty God for the blessings of freedom, establish this Constitution.
Minnesota, 1857, Preamble We, the people of the State of Minnesota, grateful to God for our civil and religious liberty, and desiring to perpetuate its blessings:
Mississippi 1890, Preamble We, the people of Mississippi in convention assembled, grateful to Almighty God, and invoking His blessing on our work.
Missouri 1845, Preamble We, the people of Missouri , with profound reverence for the Supreme Ruler of the Universe, and grateful for His goodness . Establish this Constitution...
Montana 1889, Preamble. We, the people of Montana , grateful to Almighty God for the blessings of liberty establish this Constitution ..
Nebraska 1875, Preamble We, the people, grateful to Almighty God for our freedom . Establish this Constitution.
Nevada 1864, Preamble We the people of the State of Nevada , grateful to Almighty God for our freedom, establish this Constitution...
New Hampshire 1792, Part I. Art. I. Sec. V Every individual has a natural and unalienable right to worship God according to the dictates of his own conscience.
New Jersey 1844, Preamble We, the people of the State of New Jersey, grateful to Almighty God for civil and religious liberty which He hath so long permitted us to enjoy, and looking to Him for a blessing on our endeavors.
New Mexico 1911, Preamble We, the People of New Mexico, grateful to Almighty God for the blessings of liberty..
New York 1846, Preamble We, the people of the State of New York, grateful to Almighty God for our freedom, in order to secure its blessings.
North Carolina 1868, Preamble We the people of the State of North Carolina, grateful to Almighty God, the Sovereign Ruler of Nations, for our civil, political, and religious liberties, and acknowledging our dependence upon Him for the continuance of those...
North Dakota 1889, Preamble We , the people of North Dakota, grateful to Almighty God for the blessings of civil and religious liberty, do ordain...
Ohio 1852, Preamble We the people of the state of Ohio, grateful to Almighty God for our freedom, to secure its blessings and to promote our common.
Oklahoma 1907, Preamble Invoking the guidance of Almighty God, in order to secure and perpetuate the blessings of liberty, establish this
Oregon 1857, Bill of Rights, Article I Section 2. All men shall be secure in the Natural right, to worship Almighty God according to the dictates of their consciences
Pennsylvania 1776, Preamble We, the people of Pennsylvania, grateful to Almighty God for the blessings of civil and religious liberty, and humbly invoking His guidance....
Rhode Island 1842, Preamble. We the People of the State of Rhode Island grateful to Almighty God for the civil and religious liberty which He hath so long permitted us to enjoy, and looking to Him for a blessing...
South Carolina, 1778, Preamble We, the people of he State of South Carolina grateful to God for our liberties, do ordain and establish this Constitution.
South Dakota 1889, Preamble We, the people of South Dakota, grateful to Almighty God for our civil and religious liberties ...
Tennessee 1796, Art. XI..III. That all men have a natural and indefeasible right to worship Almighty God according to the dictates of their conscience...
Texas 1845, Preamble We the People of the Republic of Texas, acknowledging, with gratitude, the grace and beneficence of God.
Utah 1896, Preamble Grateful to Almighty God for life and liberty, we establish this Constitution.
Vermont 1777, Preamble Whereas all government ought to enable the individuals who compose it to enjoy their natural rights, and other blessings which the Author of Existence has bestowed on man ..
Virginia 1776, Bill of Rights, XVI Religion, or the Duty which we owe our Creator can be directed only by Reason and that it is the mutual duty of all to practice Christian Forbearance, Love and Charity towards each other
Washington 1889, Preamble We the People of the State of Washington, grateful to the Supreme Ruler of the Universe for our liberties, do ordain this Constitution
West Virginia 1872, Preamble Since through Divine Providence we enjoy the blessings of civil, political and religious liberty, we, the people of West Virginia reaffirm our faith in and constant reliance upon God ...
Wisconsin 1848, Preamble We, the people of Wisconsin, grateful to Almighty God for our freedom, domestic tranquility...
Wyoming 1890, Preamble We, the people of the State of Wyoming, grateful to God for our civil, political, and religious liberties, establish this Constitution...
After reviewing acknowledgments of God from all 50 state constitutions, one is faced with the prospect that maybe, the ACLU and the out-of-control federal courts are wrong! If you found this to be 'Food for thought' send to as many as you think will be enlightened as I hope you were.
Hello Fellow Right Wing Extremists (AKA American Patriots), Click Here to read what the Department of Homeland Security has to say about You!!!
Now over 170 members and growing every day.
CALL TO "ARMS" Okay Just Lawns
Recently House Speaker Nancy Pelosi commented that the Tea Party movement was not "grass roots" and that it was in fact an "astro-turf" movement, funded by wealthy conservatives. Our Tea Party was funded by a bunch of lower to middle income families, no more than a couple of dozen with no more than 20 bucks being given at one time. We gathered more than 500 American Patriots together in a highly Democratic area. Since in the eyes of Ms. Pelosi, this is not a "grass roots" movement, perhaps we should remind her that it truly is. I am urging each and every one of you to ask your landscaper (because I know none of you wealthy evil conservatives mows your own grass) to take a hand-full of grass clippings, place them in an envelope and mail them to
Speaker of The House Nancy Pelosi
Office of the Speaker
H-232, US Capitol
Washington, DC 20515
(202) 225-0100
To help her to realize that this truly is a "GRASS ROOTS" movement.
Thanks,
Duke
We hear all kinds of words that describe government and politicians, their values and beliefs as well their political ideals. Here are som helpful definitions to help you wade through the mess.
Politcal Definitions: All definitions courtesy Merriam-Webster online dictionary
| Socialism Main Entry: so·cial·ism Pronunciation:\ˈsō-shə-ˌli-zəm\ Function: noun Date: 1837 1: any of various economic and political theories advocating collective or governmental ownership and administration of the means of production and distribution of goods |
Marxism 1: the political, economic, and social principles and policies advocated by Marx ; especially : a theory and practice of socialism including the labor theory of value, dialectical materialism, the class struggle, and dictatorship of the proletariat until the establishment of a classless society
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Communism 1: a: a theory advocating elimination of private property
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Capitalism 1: an economic system characterized by private or corporate ownership of capital goods, by investments that are determined by private decision, and by prices, production, and the distribution of goods that are determined mainly by competition in a free market
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Democracy 1 a: government by the people ; especially : rule of the majority b: a government in which the supreme power is vested in the people and exercised by them directly or indirectly through a system of representation usually involving periodically held free elections2: a political unit that has a democratic government3capitalized : the principles and policies of the Democratic party in the United States <from emancipation Republicanism to New Deal Democracy — C. M. Roberts>4: the common people especially when constituting the source of political authority5: the absence of hereditary or arbitrary class distinctions or privileges |
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Bill Of Rights The Conventions of a number of the States having, at the time of adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added, and as extending the ground of public confidence in the Government will best insure the beneficent ends of its institution; Resolved, by the Senate and House of Representatives of the United States of America, in Congress assembled, two-thirds of both Houses concurring, that the following articles be proposed to the Legislatures of the several States, as amendments to the Constitution of the United States; all or any of which articles, when ratified by three-fourths of the said Legislatures, to be valid to all intents and purposes as part of the said Constitution, namely: |
Ten Commandments Exodus 20:2(KJV) I am the LORD thy God, which have brought thee out of the land of Egypt, out of the house of bondage.
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Were our Founding Fathers Christians? Were they Agnostics? Were they Deists?