Advice To Conspiracy Buffs: Get The Facts Right

by Janice Moerschel

Those who fret about the coming of a ''New World Order'' (NWO) should read the article in the February 17 New American entitled ''Patriot Beware'' by Thomas R. Eddlem.

Subscribers to this conspiracy theory tend to share a number of radical beliefs: that the income tax is voluntary; that the money you earn is not taxable because it's not ''income;'' that the 16th amendment to the Constitution was not legally ratified; that ''sovereign citizens'' of the 50 states are not subject to the income tax; that Americans can be free through a ''common law court;'' that concentration camps and the means to herd Americans into them have been arranged; that a gold-fringed Maritime Admiralty Flag in a courtroom means constitutional rights have been suspended; and that the President has the power (under terms of Executive Order 11490) to declare a national emergency and put our nation under martial law and a military dictatorship.

These beliefs, Eddlem shows, are baseless myths.

The income tax is not voluntary - otherwise those who didn't file returns would not be prosecuted. Section 6012 of Title 26 of the U.S. Code states: ''Returns with respect to income taxes under subtitle A [governing tax computations] shall be made by the following: (1)(A) Every individual having for the taxable year gross income which equals or exceeds the exemption amount . . .'' Violation of Section 6012 (found under Section 7203 ) calls for a fine of up to $25,000 and a year in prison for anyone ''who willfully fails to pay such estimated tax or tax, make such return, keep such records, or supply such information.'' The current U.S. Code (Title 26, Section 61) states that ''all income from whatever source derived, including ... (1) Compensation for services'' is income subject to taxation.

Those who believe that they are sovereign state citizens and not subject to the income tax believe that Article I, Section 8, Clause 17 of the Constitution limits the power of Congress to the District of Columbia and to certain federal properties, but such is not the case. Clause 17 reads that Congress has the power to ''exercise exclusive legislation in all cases whatsoever, over such district (not exceeding ten miles square ) as may, by cessation of particular states, and the acceptance of Congress, become the seat of the Government of the United States, and to exercise like authority over all places purchased by consent of the legislature of the State in which the same shall be, for the erection of forts, magazines, arsenals, dock-yards, and other needful buildings.'' Eddlem notes that ''the exclusive jurisdiction within federal territories granted by Clause 17 is in addition to other enumerated federal powers within the states, not a limitation upon them. The federal government may levy any kind of tax it chooses (except a tax on exports), either direct or indirect, within the 50 states. The only limitation on the taxation power is that indirect taxes must be 'uniform' throughout the United States and direct taxes must be apportioned according to congressional representation.'' The 16th Amendment to the Constitution removed the apportionment requirement for the income tax.

Believers in common law courts think that the U.S. Constitution has been suspended. If this were true, our federal government could not be violating a Constitution that wasn't in effect to begin with. Those setting up ''common law courts'' also think that common law has been abolished in the United States. They therefore believe that anyone can set up his own common law court - without the consent of those who will be subject to its decisions. Self-appointed officials make their own rules and try elected officials and legitimate government entities in the belief that they, the ''common-law court,'' are the law.

The belief that anti-NWO dissidents will soon be locked up in concentration camps can be traced to the late William R . Pabst of Houston, who relied on an Army Field Manual reference to a ''Civil Affairs Operation'' in conquered territory. The manual describes procedures for ''Assumption of full or partial executive, legislative, and judicial authority over a country or area'' (referring to captured foreign territory). Mr. Pabst interpreted this as follows: ''Nowhere in the manual does it exclude this program from being put into effect right here in the United States . . . Now the Department of the Army still maintains that all this is not for the United States - yet this training continues here for us. The evidence is overwhelming; the plan exists for the imprisonment of millions of U.S. citizens.''

The belief that a gold-fringed flag in a courtroom puts you under military law and negates your Constitutional rights is also false. First, military law cannot negate one's rights and, secondly, Army regulations cannot supplant civilian law in a civilian courtroom. While gold-fringed flags are Army approved for ''indoor display and for use in [military] ceremonies and parades,'' this does not mean they can't be used elsewhere.

The claim that the President can declare a national emergency and put the United States under martial law and a military dictatorship is also bogus. Executive Order 11490 has never been implemented and was eventually repealed as a result of the National Emergencies Termination Act of 1976. Further, executive orders are supposed to be limited to administering the law as passed by Congress and to repel surprise invasions. Unfortunately, many modern Presidents have improperly used executive orders to create new government agencies (e.g., President Clinton issued an order to create the Commission on Critical Infrastructure Protection and orders to bail out the economies of foreign nations.)

The charge that the 16th amendment was never properly ratified is based on the fact that most of the states passed amendments which varied slightly from the original submitted by Congress. However, all the variations in the state-passed amendments were clearly attributable to grammatical oversights or improper transcription, and were not due to fraud. No substantive changes were made. Though there was some controversy over Kentucky's ratification, their legislature considered the amendment passed and the state has never contested being included among the states which ratified the amendment.

The problem with all of the above myths is that, besides misleading and scaring people, believers resign themselves to the prospect of an inevitable war with the federal government as it seeks to impose the dreaded NWO. They believe that only God can rescue them from the coming nightmare; that they have no influence over the course of events. They give up fighting for the changes we need now: the restoration of our limited, Constitutionally-bound government, repeal of the income tax, and repeal of unconstitutional laws.

Statists have used and will continue to use such people as an excuse to ''clamp down'' on a perceived right-wing threat and, effectively, further curtail our freedoms. This is not the answer. The answer is to restore freedom by becoming informed and getting involved in the political process.

I'm reminded of the lyrics from Don McLean's popular song Vincent: ''. . . how you tried to set them free - they did not listen - they did not know how - perhaps they'll listen now.'' Rather than withdrawing from public affairs and preparing themselves for political Armageddon, Americans who are serious about reining in the State must work constructively to forge a new destiny--to secure once again the ''blessings of liberty for ourselves and our posterity.''