Posts Tagged ‘Universal Health Care

30
Mar
10

The Story of the Buck Act

If you have ever wondered why the federal government can do whatever it wants (whether it be taxes or forcing you to have health care, or filling out paperwork to have a baby), here is why. Original here.

In order  for you  to understand  the full import of what is happening, I must explain certain laws to you.

When passing  new statutes,  the Federal  government  always does everything according to the principles of law.  In order for the Federal  Government to  tax a  Citizen of  one of the several states, they  had to create some sort of contractual nexus.  This contractual nexus is the “Social Security Number”.

In 1935,  the federal government instituted Social Security. The  Social  Security  Board  then  created  10  Social  Security “Districts”.   The combination of these “Districts” resulted in a “Federal area”  which covered all the several states like a clear plastic overlay.

In 1939,  the  federal  government  instituted  the  “Public Salary Tax Act of  1939”.   This Act  is a  municipal law of the District of  Columbia for taxing all federal and state government employees and those who live and work in any “Federal area”.

Now, the government knows it cannot tax those state Citizens who live and work outside the territorial jurisdiction of Article 1, Section  8, Clause 17 (1:8:17) or Article 4, Section 3, Clause 2 (4:3:2) in the U.S. Constitution.  So, in 1940, Congress passed the “Buck  Act”, 4 U.S.C.S. Sections 105-113.  In Section 110(e), this Act  authorized any  department of the federal government to create a  “Federal area” for imposition of the “Public Salary Tax Act of  1939”.   This tax is imposed at 4 U.S.C.S. Sec. 111.  The rest of  the taxing  law is  found in  the Internal Revenue Code. The Social  Security Board  had already  created a “Federal area” overlay:

4 U.S.C.S. Sec. 110(d). The term “State” includes any Territory or possession of the United States.

4 U.S.C.S. Sec. 110(e). The term “Federal area” means any lands or premises held or acquired by or for the use of the United States or any department, establishment, or agency of the United States; and any Federal area, or any part thereof, which is located within the exterior boundaries of any State, shall be deemed to be a Federal area located within such State.

There is  no reasonable  doubt that  the federal  “State” is imposing an excise tax under the provisions of 4 U.S.C.S. Section 105, which states in pertinent part:

Sec. 105.  State, and  so forth,  taxation affecting Federal areas;  sales or use tax(a) No  person shall  be relieved from liability for payment of, collection  of, or  accounting for  any sales or use tax levied by  any State,  or by  any  duly  constituted  taxing authority therein,  having jurisdiction to levy such tax, on the ground  that the sale or use, with respect to which such tax is levied, occurred in whole or in part within a Federal area;   and such  State or  taxing authority shall have full jurisdiction and  power to  levy and collect any such tax in any Federal  area within  such State  to the same extent and with the  same effect  as though such area was not a Federal area.

Irrespective of what the tax is called, if its purpose is to produce revenue, it is an income tax or a receipts tax under the Buck Act [4 U.S.C.A. Secs. 105-110].

Humble Oil & Refining Co. v. Calvert, 464 SW 2d. 170 (1971), affd (Tex) 478 SW 2d. 926, cert. den. 409 U.S. 967, 34 L.Ed. 2d. 234, 93 S.Ct. 293.

Thus, the obvious question arises: What is a “Federal area”? A  “Federal   area”  is   any  area  designated  by  any  agency, department, or  establishment of  the  federal  government.  This includes the  Social Security  areas  designated  by  the  Social Security Administration, any public housing area that has federal funding, a  home that  has a  federal bank  loan, a road that has federal  funding,   and  almost   everything  that   the  federal government touches  through any  type of  aid.    Springfield  v. Kenny, 104  N.E. 2d 65 (1951 App.).  This “Federal area” attaches to anyone  who has  a Social  Security  Number  or  any  personal contact with  the federal  or state  governments.   Through  this mechanism, the  federal government usurped the Sovereignty of the People, as  well as  the Sovereignty  of the  several states,  by creating “Federal  areas” within  the boundaries  of  the  states under the  authority of Article 4, Section 3, Clause 2 (4:3:2) in the federal Constitution, which states:

2.   The Congress  shall have  Power to  dispose of and make all needful  Rules and  Regulations respecting the Territory or other  Property  belonging  to  the  United  States,  and nothing in  this Constitution  shall be  so construed  as to prejudice any  claims  of  the  United  States,  or  of  any particular State.

Therefore, all  U.S. citizens [i.e. citizens of the District of Columbia]  residing in  one of  the states  of the  Union, are classified as property, as franchisees of the federal government, and as  an “individual entity”.  See Wheeling Steel Corp. v. Fox, 298 U.S. 193, 80 L.Ed. 1143, 56 S.Ct. 773.  Under the “Buck Act”, 4 U.S.C.S.  Secs. 105-113,  the federal  government has created a “Federal area”  within the  boundaries of all the several states. This area is similar to any territory that the federal government acquires through  purchase, conquest  or treaty, thereby imposing federal territorial  law upon  all people in this “Federal area”. Federal territorial  law is  evidenced by  the Executive Branch’s yellow-fringed U.S.  flag flying  in  schools,  offices  and  all courtrooms.

You must  live on  land in one of the states in the Union of several states, not in any “Federal State” or “Federal area”, nor can you  be involved  in any activity that would make you subject to “federal  laws”. You  cannot  have  a  valid  Social  Security Number, a “resident” driver’s license, a motor vehicle registered in your  name, a  “federal”  bank  account,  a  Federal  Register Account  Number   relating  to  Individual  persons  [SSN],  (see Executive Order  Number 9397,  November 1943), or any other known “contract implied  in fact”  that  would  place  you  within  any “Federal area”  and thus  within the  territorial jurisdiction of the municipal  laws of  Congress.  Remember, all acts of Congress are territorial  in nature  and only apply within the territorial jurisdiction of  Congress.   (See American  Banana Co.  v. United Fruit Co.,  213 U.S.  347, 356-357  (1909);   U.S. v. Spelar, 338 U.S. 217,  222, 94 L.Ed. 3, 70 S.Ct. 10 (1949);  New York Central R.R. Co.  v. Chisholm, 268 U.S. 29, 31-32, 69 L.Ed. 828, 45 S.Ct. 402 (1925).)

There has  been created  a fictional Federal “State within a state”.   See Howard v. Sinking Fund of Louisville, 344 U.S. 624, 73 S.Ct.  465, 476,  97 L.Ed. 617 (1953);  Schwartz v. O’Hara TP. School Dist., 100 A. 2d. 621, 625, 375 Pa. 440.  (Compare also 31 C.F.R. Parts 51.2 and 52.2, which also identify a fictional State within a state.)  This fictional “State” is identified by the use of  two-letter   abbreviations  like  “CA”,  “AZ”  and  “TX”,  as distinguished from  the authorized  abbreviations like  “Calif.”, “Ariz.” and  “Tex.”, etc.   This  fictional State  also uses  ZIP codes which  are  within  the  municipal,  exclusive  legislative jurisdiction of Congress.

This entire  scheme was accomplished by passage of the “Buck Act”, 4  U.S.C.S. Secs.  105-113, to implement the application of the “Public Salary Tax Act of 1939” to workers within the private sector.   This subjects  all private  sector workers  who have  a Social Security number to all state and federal laws “within this State”,  a  “fictional  Federal  area”  overlaying  the  land  in California and  in all other states in the Union.  In California, this is established by California Form 590, Revenue and Taxation. All you have to do is to state that you live in California.  This establishes that you do not live in a “Federal area” and that you are exempt  from the  Public Salary Tax Act of 1939 and also from the California Income Tax for residents who live “in this State”.

The following  definition is  used  throughout  the  several states in  the application  of their municipal laws which require some sort of contract for proper application.  This definition is also included  in all  the codes  of California, Nevada, Arizona, Utah and New York:

“In this  State” or “in the State” means within the exterior limits of  the State … and includes all territories within such limits owned or ceded to the United States of America.

This definition concurs with the “Buck Act” supra which states:

110(d) The term “State” includes any Territory or possession of the United States.

110(e) The  term “Federal  area” means any lands or premises held or  acquired by  or for the use of the United States or any department,  establishment,  or  agency  of  the  United States;  and any Federal area, or any part thereof, which is located within  the exterior  boundaries of any State, shall be deemed to be a Federal area located within such State.

So, do  some research.   I  have given  you all  the  proper directions in  which to  look for  the jurisdictional  nexus that places you within the purview of the federal government.

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20
Mar
10

Healthcare: It’s Not Cool So I Won’t Pay

We have a problem with Jonesing here in America. We see what we have and then compare it to our neighbors, friends and family. It is a popularity contest to see who can obtain the most gadgets and the most gadgets the quickest. We spend hundreds and thousands of dollars a year on… junk.

Think about it… how much is your cell phone plan? Mine is about $75/month, which comes out to $900/year. If it was an iPhone it would be  $99 for the phone (8GB, bottom of the barrel) and for the minimum plan (450 minutes + iPhone service + no text messages) $63 a month. Almost everyone has a flat screen TV which is probably $800 or more. Many people have laptops. Smoke and spend $900/year (1 pack a day). Drink every weekend ($1000/year). And if you ever go to the mall or the electronics store people are clearly buying crap they really don’t need. And the list goes on and on.

So why is it so hard to pay for something as sacred as your health? Why is it that we want free health care but we don’t mind buying big screen TVs, new cars, iPods, laptops, netflix, cable, tivo, satellite, and new clothes? Was America not taught that there are “needs” and “wants” in the world and that needs come first?

Also, what about preventative maintinence of the body? We change the oil on our car to keep the engine happy. We vacuum the carpet to maintain the quality of the carpet. We clean the inside of our computers (well some of us) so that the dust buildup allows parts to cool down. We change the batteries in the smoke detector so we can be alerted that something is on fire. We wash our hands to prevent germ buildup. We trim the grass in the front yard to maintain our property values.

But when it comes to our HEALTH… hell no, we can’t do personal maintinence on that.

Now, I am not advocating that the government should come in and tell us how to do preventative maintinence on our bodies to keep us healthy. What I am saying is that it is our personal responsibility to maintain our bodies… just as it is our personal responsibility to maintain our cars, homes, electronics, and safety equipment. It is not my neighbors responsibility to maintain my body nor is it their responsibility to pay for it.

So what I am hearing is this.

  1. My body and my health is not important enough for me to invest my money into.
  2. My body and my health is not important enough for me to invest my time into.
  3. My body and my health need to to be supervised and cared for by someone else.
  4. I do not want to hear how much health care costs so hide it from me – make my employer see the bill, or my neighbor (see #1).
  5. My government knows more about what is good for my body than I do.

Maybe I am wrong. It isn’t cool to show off how healthy you are… or that you are covered by your plan… or that you made some lifestyle changes to live healthier. No, it is cooler to show things that are materialistic that you can show to the neighbors, friends, or family. It simply is not cool to say “I look out for myself” but it is cool when you whip out your iPad at the bar to check the score of the game.

In other words, if it does not score me cool points then I don’t want to pay for it. I want it, but I don’t want to pay for it. I am too busy buying other things to score me cool points.

12
Sep
09

How the Public Option Healthcare Becomes Universal Healthcare

This is the new drum for the Public Option.

Am I missing something here? Option A, Option B, Option C, and then the Public Option. Well, sounds like capitalism, right? I now have 4 options to chose from!

But who is paying for the Public Option so we can choose that? The Taxpayer. So that means that if you are paying for Option B, then you are actually paying for Option B AND the Public Option. Why are you paying for Option B if you are being forced to pay for the Public Option through taxes?

Any sane person will realize that financially speaking it is stupid to pay for Option X when you will always be paying for the Public Option. Right? So slowly, Option X will disappear and we will be left with only the Public Option.

Presto! We have our Universal Health Care. And the best part is with this plan… the government didn’t force Universal Health Care, you chose it by giving up your Option X health care… because the Public Option was better, right? Right. It is always better to get your opposition to slide over to your side by their own choice (even if it is a pseudo-choice) because they then cannot say that you forced them.

Seriously this is genius and if you listen to videos like this, then you will be duped.

Someone please correct me if I am wrong.

08
Sep
09

Reagan on Socialized Medicine

22
Aug
09

America’s Socialized Health Care

Health-care systems in most developed nations are in financial trouble. Health benefits are being cut back because of exploding costs. Degenerative illnesses such as diabetes and cancer are at epidemic levels in spite of new drugs and treatments. While doctors, politicians, and insurers blame each other, they rarely mention the real problem.

Skyrocketing costs are due to the structure of health care in all these nations. All are mainly socialized, including America’s. This means they operate as top-down bureaucracies, out of touch with people’s real needs. Almost no market forces are allowed to operate for rational decision-making and cost control. Continue reading ‘America’s Socialized Health Care’

19
Aug
09

Flag Yourself for Suspicious Activity

Flag yourself.

I did.

Show that you do not agree with what is going on.

06
Aug
09

Healthcare Plan Based on Economic Fantasy

As the healthcare debate rages on, there is one reality that even the proponents of this hostile takeover of healthcare by government cannot ignore — and that is money. The government simply does not have the money for a new, expansive, public healthcare plan. The country is in a deep recession that will deepen even further with the coming collapse of the commercial real estate market. The last thing we need is for government to increase and expand taxes to pay for another damaging, wasteful program. Foreigners are becoming less enthusiastic about buying our debt, and creating another open-ended welfare program when we cannot pay for what is already in place, will not help. Champions of socialized medicine want to tax the rich, tax businesses that already cannot afford to provide health plans to employees, and tax people who don’t want to participate in the government’s scheme by buying an approved healthcare plan. Presumably, all these taxes are to induce compliance. This is not freedom, nor will it improve healthcare.

There are limits to how much government can tax before it kills the host. Even worse, when government attempts to subsidize prices, it has the net effect of inflating them instead. The economic reality is that you cannot distort natural market pressures without unintended consequences. Market forces would drive prices down. Government meddling negates these pressures, adds regulatory compliance costs and layers of bureaucracy, and in the end, drives prices up.

The non-partisan CBO estimates that the healthcare plan will cost almost a trillion dollars over the next ten years. But government crystal balls always massively underestimate costs. It is not hard to imagine the final cost being two or three times the estimates, even though the estimates are bad enough.

It is still surreal that in a free country we are talking only about HOW government should fix healthcare, rather than WHY government should fix healthcare. This should be between doctors and patients. But this has been the discussion since the 60’s and the inception of Medicare and Medicaid, when government first began intervening to keep costs down and make sure everyone had access. The result of Medicaid/Medicare price controls and regulatory burden has been to drive more doctors out of the system — making it more difficult for the poor and the elderly to receive quality care! Seemingly, there are no failed government programs, only underfunded ones. If we refuse to acknowledge common sense economics, the prescription will always be the same: more government.

Make no mistake, government control and micromanagement of healthcare will hurt, not help healthcare in this country. However, if for a moment, we allowed the assumption that it really would accomplish all they claim, paying for it would still plunge the country into poverty. This solves nothing. The government, like any household struggling with bills to pay, should prioritize its budget. If the administration is serious about supporting healthcare without contributing to our skyrocketing deficits, they should fulfill promises to reduce our overseas commitments and use some of those savings to take care of Americans at home instead of killing foreigners abroad.

The leadership in Washington persists in a fantasy world of unlimited money to spend on unlimited programs and wars to garner unlimited control. But there is a fast-approaching limit to our ability to borrow, steal, and print. Acknowledging this reality is not mean-spirited or cruel. On the contrary, it could be the only thing that saves us from complete and total economic meltdown.

(link)




Quotes:

"We are apt to shut our eyes against a painful truth... For my part, I am willing to know the whole truth; to know the worst; and to provide for it." - Patrick Henry

"Politicians and diapers both need to be changed, and for the same reason." - Anonymous

"Right is right, even if everyone is against it, and wrong is wrong, even if everyone is for it." - William Penn

"Naturally the common people don't want war; neither in Russia, nor in England, nor in America, nor in Germany. That is understood. But after all, it is the leaders of the country who determine policy, and it is always a simple matter to drag the people along, whether it is a democracy, or a fascist dictatorship, or a parliament, or a communist dictatorship. Voice or no voice, the people can always be brought to the bidding of the leaders. That is easy. All you have to do is to tell them they are being attacked, and denounce the pacifists for lack of patriotism and exposing the country to danger. It works the same in any country" - Hermann Goering

"I know that nothing good lives in me, that is, in my sinful nature. For I have the desire to do what is good, but I cannot carry it out. For what I do is not the good I want to do; no, the evil I do not want to do this I keep on doing." - Romans 7:18-19

"Twenty years from now you will be more disappointed by the things you didn't do than by the ones you did do. So throw off the bowlines. Sail away from the safe harbor. Catch the trade winds in your sails. Explore. Dream. Discover." - Mark Twain

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