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| quote: | Originally posted by shaolin_Z
Huh? How so? |
Because it represents a basic failure to understand what law really is.
| quote: | Why do you always assume that the courts are right and the tax protesters are wrong? Couldn't the courts be wrong about what the Constitution means?
Basically, the process of law is a process of consensus. We have a variety of procedures, some political, some judicial, and some bureaucratic, for determining what the law should be and how it should be applied. If we don't like the results, we have ways of changing the results, and when there are conflicts, we have ways of resolving conflicts. However, when the courts, the legislatures, and the voters all agree on what the law is, that is what the law is. The fact that some people believe that the law should be different means that they are free to argue their positions within the political system and attempt to change the results.
In the case of the income tax, there is no conflict. The judicial branch, executive branch, and legislative branches of our government, and a majority of the voters, all agree that (1) an income tax is constitutional, (2) it applies to wages, (3) every citizen and resident of every state is required to file a tax return and pay the tax. That is what the law is. There is no question about it.
When lawyers talk about what "the law" is, they are talking about how a judge will rule. Not how the judge should rule, or might rule, but will rule. Measured by that standard, this FAQ states what "the law" is, because a judge will rule against the tax protester arguments described above 100% of the time. Not 95% of the time, or even 99.999% of the time. 100.00%. |
http://evans-legal.com/dan/tpfaq.html
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