Another amendment authorizes the Congress to enact an income tax, but it does not authorize violation
of other provisions of the constitution in order to implement or enforce
it. If, as implemented or applied, it has a chilling affect on free speech, then it should be unconstitutional as applied.
As we all know, the Tax code authorizes anyone to itemize deductions; such as medical expenses and business related expenses such as meals and entertainment, conferences, travel, auto, home office and other expense. The taxpayer must be able to produce, records to justify the deductions, such as; what medical care was given and for what, where the taxpayer drove the company car and for what reason, who he or she had dinner or lunch with and what was said, etc. If anyone elects, for privacy reasons, not to itemize deductions, then they are forced to pay more tax. Thus, the income tax code essentially makes the private business and personal life subject to review by the IRS in order to comply with the tax.
As we all know, the Tax code authorizes anyone to itemize deductions; such as medical expenses and business related expenses such as meals and entertainment, conferences, travel, auto, home office and other expense. The taxpayer must be able to produce, records to justify the deductions, such as; what medical care was given and for what, where the taxpayer drove the company car and for what reason, who he or she had dinner or lunch with and what was said, etc. If anyone elects, for privacy reasons, not to itemize deductions, then they are forced to pay more tax. Thus, the income tax code essentially makes the private business and personal life subject to review by the IRS in order to comply with the tax.
The IRS does not need probable cause or a
warrant to conduct and audit. Supposedly
it conducts audits randomly or where it has some cause to believe there is a
violation; however no warrant is required. To justify
this intrusion and to calm fears that this information might be abused, the Internal Revenue Code makes it a felony for the IRS to share the information with anyone not authorized or
for any reason not related to collecting the tax (including the President, elected officials and other agencies). Recent events prove that the IRS has
been abusing its power by sharing data for political
purposes and targeting taxpayers based on political views.
The IRS held up applications of Tea Party political action groups for
non-profit status and demanded massive amounts of private data (like donor lists) for political reasons. The same status was freely granted to corollary liberal political action groups. This was done intentionally to affect the
money raising ability of these groups to ultimately aid the Democrats. Documents just released show the IRS
illegally revealed significant private data of conservative groups, including donor names, to the
Federal Election Commission. Tea Party
leaders have claimed they were subjected to investigations by a host of federal agonies when their applications for non profit status were filed, including the ATF, FBI, OSHA and others.
Bill O’Reilly was audited three times. The
IRS was unable to give any reason for the audits and found no violations. Glenn Beck has been audited as has Ben
Carson right after he criticized the President a speech at
the national prayer breakfast. No
violations were found. Is there any real doubt these were politically motivated? These actions may not have intimidated
O’Reilly, Beck or Carson, but many others have decided to not
get involved or donate money because of what happened to them.
The ordinary person does not have the clout or resources to withstand
even an audit, let alone defend themselves against a wrongful assessment or penalty. This has to have had a significant chilling
effect on the right to free speech in the very area, political speech, the
first amendment was intended to protect.
The NSA is conducting a massive data mining and surveillance operation
against virtually all Americans. All
Internet traffic and e-mails, it appears are now being collected and stored in government data
warehouses. Not only can the government now audit
whomever it wants, it also knows exactly who opposes government expansion of
power. Any one has to think
twice about publishing criticism of the government on the Internet. Perhaps the investigations only start when
you, in the opinion of the right people, think you are getting a little too
influential or powerful.
Tom Delay, former Speaker of the House during the Bush years was viscerally reviled by the Democrats. A Democrat district attorney in a heavily Democrat district in Texas initiated a criminal prosecution of Delay of an incredibly frivolous charge of improper diversion of contributions to the national Republic party for Texas state races. This prosecution dovetailed with a simultaneous campaign spearheaded by Nancy Pelosi and the Democrats in general that the Republican house was the most corrupt in history. The media fully supported the Democratic strategy and the Delay prosecution was a centerpiece of the propaganda. Delay was convicted by a liberal jury, resigned from the house in disgrace. The Dem's won the house and the senate in the next cycle leaving the democratic party totally in control of the government and Nancy Peliosi Speaker for two years. This led to a massive government expansion and Obama Care.
Recently, almost totally unnoticed by the press, the Texas Supreme Court reversed the conviction of Delay on the grounds there was never any evidence of a crime. In other words, this was a totally frivolous and politically motivated prosecution form the outset, just as Delay claimed. Unfortunately the permanent damage to the entire country had already been done. The Democrats controlled the house the senate and the presidency and the country is forever changed. Even more importantly, the precedent has been set. The Democratic party, which is the political extension of the government itself, can and does use its expanded governmental powers in whatever form, whether, IRS, political donation laws, FBI, OSHA or any other arm of the massive and ever expanding government to harass and ultimately destroy any who dare to suggest the government should be limited. Repression of criticism by misuse of governmental power is the essence of the totalitarian state which is now the norm in the US.
Tom Delay, former Speaker of the House during the Bush years was viscerally reviled by the Democrats. A Democrat district attorney in a heavily Democrat district in Texas initiated a criminal prosecution of Delay of an incredibly frivolous charge of improper diversion of contributions to the national Republic party for Texas state races. This prosecution dovetailed with a simultaneous campaign spearheaded by Nancy Pelosi and the Democrats in general that the Republican house was the most corrupt in history. The media fully supported the Democratic strategy and the Delay prosecution was a centerpiece of the propaganda. Delay was convicted by a liberal jury, resigned from the house in disgrace. The Dem's won the house and the senate in the next cycle leaving the democratic party totally in control of the government and Nancy Peliosi Speaker for two years. This led to a massive government expansion and Obama Care.
Recently, almost totally unnoticed by the press, the Texas Supreme Court reversed the conviction of Delay on the grounds there was never any evidence of a crime. In other words, this was a totally frivolous and politically motivated prosecution form the outset, just as Delay claimed. Unfortunately the permanent damage to the entire country had already been done. The Democrats controlled the house the senate and the presidency and the country is forever changed. Even more importantly, the precedent has been set. The Democratic party, which is the political extension of the government itself, can and does use its expanded governmental powers in whatever form, whether, IRS, political donation laws, FBI, OSHA or any other arm of the massive and ever expanding government to harass and ultimately destroy any who dare to suggest the government should be limited. Repression of criticism by misuse of governmental power is the essence of the totalitarian state which is now the norm in the US.

