July 29, 2002
Mr. Gerald Klaas
5109 Melvin Drive
Carmichael, CA 95608
Dear Mr. Klaas:
I am responding to your letter of June 24, 2002, challenging the constitutionality
of the 16th Amendment to the Constitution of the United States. You believe that
my earlier response to you did not answer, in a satisfactory manner, your petition
for redress of grievances guaranteed to you by the 1st Amendment.
As I read the 1st Amendment, it provides, among other things, that the "Congress
shall make no law respecting...the right of the people peaceably to assemble,
and to petition the Government for redress of grievances." The fact that I did not
give you the answer you want does not, in my opinion, impinge upon your 1st
Amendment right to petition the Government for redress of grievances.
You have asked me to prove to you that the 16th Amendment was properly
ratified in 1913. Under our form of government, with its separation of powers, it
is the responsibility of the judicial branch, not the executive branch, to determine
whether federal laws are constitutional. Please note Article III, Section 1 of the
Constitution, which provides that: "The judicial Power of the United States, shall be
vested in one Supreme Court, and in such inferior Courts as the Congress
may from time to time ordain and establish." Under Article III, Section 2 of the
Constitution: "The judicial Power shall extend to all Cases, in Law and Equity,
arising under this Constitution, the Laws of the United States, and Treaties..."
The Congress of the United States enacts the tax laws, the IRS administers
those laws, and the judicial branch of the government determines whether those
laws are constitutional. In Brushaber v. Union Pacific R.R., 240 U.S. 1 (1916),
the U.S. Supreme Court upheld the constitutionality of the income tax laws
enacted subsequent to ratification of the 16th Amendment. Since that time, the
courts have consistently upheld the constitutionality of the federal income tax.
Sincerely,
Floyd L. Williams
[signed Floyd L. Williams]
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