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1913:  Sixteenth Amendment Fraudulently Ratified
Larry Becraft

The federal government and its tax agencies, supported by our congressmen, would like for us to believe that the power of the government to tax was greatly changed by the ratification of the Sixteenth Amendment in February 1913. Having been denied the right to tax incomes by a Supreme Court decision in 1895, Uncle Sam claims that, once this Amendment was ratified, a constitutional deficiency was corrected by the Amendment and that after 1913, it had a legal right to claim a portion of income of every American in taxes.

Ever since the ratification of the Fourteenth and Fifteenth Amendments after the Civil War, arguments were made that these amendments were not legally ratified, but nobody ever did enough research to conclusively prove this contention in court. When the Sixteenth Amendment came along, popular support for the amendment and the very light taxes imposed as a consequence of the amendment were sufficient to prevent similar arguments that this amendment was not ratified. It was only when the income tax burden became almost unbearable and tax enforcement and collection turned ruthless that for the first time in American history someone decided to actually research and investigate the question of whether a federal amendment had legally and really been ratified.

In 1984, Bill Benson, a former investigator for the Illinois Department of Revenue, made the historical decision to research the question of whether the Sixteenth Amendment was legally ratified. Taking the government's list of States which purportedly adopted the amendment, Bill traveled to all 48 states in the Continental United States for the purpose of perusing Archives records to discover the story as to how each state acted upon the amendment.

In January and February 1984, Bill reviewed records in the New England states and discovered that, contrary to popular belief, these states had committed errors of such magnitude that they could not be counted as ratifying states. Buttressed by these amazing findings, he pushed onward through the remainder of the states, copying all official state documents that related to the ratification of the Amendment. By July 1984, Bill knew from the documents he possessed that the states had not legally ratified the amendment and that gross misconduct and fraud was involved.

In August 1984, Bill went to the National Archives in Washington, DC to find the federal government's records of how this amendment allegedly was ratified. Once discovered in a dusty bin in a hidden place in the National Archives, he opened a book made, probably in 1913, that contained all these documents. In a few minutes of reading, Bill learned that not only was there documented evidence disclosing fraudulent ratification, but there was conclusive proof that government officials knew of the fraud in 1913.

When Bill completed the research of the last state necessary in December 1984, he knew that the tax structure of the United States was built upon a fraud. He knew that the second state which supposedly ratified the amendment, Kentucky, truly voted against the amendment, 9 votes for the ratification and 22 against. He knew that California both changed the wording of the amendment (an unlawful act) and failed to vote on the amendment. He knew that the government was aware that 11 states had unlawfully changed the wording of the amendment. Under these circumstances, these facts made the Sixteenth Amendment a fraud. Thus, Bill was compelled to tell this story to the American people through the publication of two books, The Law That Never Was, Volumes I & II.

Volume 1 contains a very detailed state by state analysis, complete with page references to official documents of how this amendment failed to be ratified. Volume II contains lengthy chapters explaining the law regarding ratification of amendments, and the story of various cases heard in federal court where concerned Americans presented this issue. These two books have become so important that copies of them have been presented to every U.S. Congressman and federal judge.

While today courts here in America hold that this issue is one which cannot be resolved in court (they obviously do not want to see the facts), it must be remembered that other important issues in the past, such as the civil rights movement, took many years to be resolved. But, it is certain that if enough Americans become aware of the fact that the Sixteenth Amendment was fraudulently ratified, a change in the federal tax structure will surely result. **End of article.

Well, you can see what the 535 congress critters and every federal judge in America did with their copies of the truth: Nothing.

For those of you just becoming aware of the mountain of lies heaped on the American people, Bill Benson and his wife have been destroyed by the government. YOUR government came after this man with a vengeance because of what he could and has exposed. Larry is quite correct: the cowards in our federal judiciary will not touch this provable fraud because of the ramifications to the big bankers. Mr. & Mrs. Bill Benson have the courage and fortitude that few Americans today would be able to muster up themselves. It is truly one of the most despicable cases of government destroying the messenger to stop the message. Thankfully, they have failed.

How could something like this have happened? One really must read the Creature From Jekyll Island to understand how people like the Rockefellers and others of their ilk, were determined from the git-go to lie, cheat and steal on their journey towards a one-world moral and financial order where they would all share in the spoils. As Larry said, a long time ago, people like Galileo were called liars and persecuted. Today it is 110 million adults who are forced with the firepower of the U.S. government pointed right at their head, to volunteer to file 1040 "income tax" forms.

The Law That Never Was (both volumes) and the Creature From Jekyll Island are both listed in the Reference section 12  of this document.

And if that isn't enough to make you lose whatever faith you might have had in the integrity of the U.S. government, let me tell you about the other documents in my possession:

Straight from the archives in Baca County, Colorado and notarized, are the pages from the county's official records showing the original 13th Amendment to the U.S. Constitution, simply brushed aside after the Civil War and replaced with the current anti-slavery amendment.

Thousands of people have taken the time to get these certified documents and in fact, evidence apparently exists that they can be found in the archives of 25 other states. Do the congress critters know of this fraud? How can they not when thousands of people have sent them copies of these certified documents? How about state legislators? I know for a fact that hundreds of them have received these documents and the only response is the usual form letter. You see, they know that if they can smear their opponent effectively with the bushels of money they have as incumbents, they really don't give a fig. When will America figure this out?

On January 10, 2008, the Federal District Court in Chicago issued a permanent injunction against Bill Benson on the grounds that by offering information demonstrating that the 16th Amendment was not legally ratified, he was promoting an abusive tax shelter. The Court then refused to look at the government-certified documentary evidence, deciding instead that the facts necessary to prove his statements true were "irrelevant."

What has America come to when the government we created to protect our rights can accuse us of lying and then prohibit us from presenting a defense in a court of law?

The Premise

The federal government rests its authority to collect income tax on the 16th Amendment to the U.S. Constitution—the federal income tax amendment—which was allegedly ratified in 1913.

"The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration."

—The 16th Amendment to the Constitution of the United States of America

After an extensive year-long nationwide research project, William J. Benson discovered that the 16th Amendment was not ratified by the requisite three-fourths of the states and that nevertheless Secretary of State Philander Knox had fraudulently declared ratification.

It was a shocking revelation; it reached deep to the core of our American system of governance.

The Discovery

Article V of the U.S. Constitution defines the ratification process and requires three-fourths of the states to ratify any amendment proposed by Congress. There were fourty-eight states in the American Union in 1913, meaning that affirmative action of thirty-six was necessary for ratification. In February 1913, Secretary of State Philander Knox proclaimed that thirty-eight had ratified the Amendment.

In 1984 Bill Benson began a research project, never before performed, to investigate the process of ratification of the 16th Amendment. After traveling to the capitols of the New England states and reviewing the journals of the state legislative bodies, he saw that many states had not ratified. He continued his research at the National Archives in Washington, D.C.; it was here that Bill found his Golden Key.

This damning piece of evidence is a sixteen-page memorandum from the Solicitor of the Department of State, among whose duties is the provision of legal opinions for the Secretary of State. In this memorandum, the Solicitor lists the many errors he found in the ratification process.

These four states are among the thirty-eight from which Philander Knox claimed ratification:

  • California: The legislature never recorded any vote on any proposal to adopt the amendment proposed by Congress. 
  • Kentucky: The Senate voted on the resolution, but rejected it by a vote of nine in favor and twenty-two opposed.
  • Minnesota: The State sent nothing to the Secretary of State in Washington.
  • Oklahoma: The Senate amended the language of the 16th Amendment to have a precisely opposite meaning.

When his project was finished at the end of 1984, Bill had visited the capitol of every state from 1913 and knew that not a single one had actually and legally ratified the proposal to amend the U.S. Constitution. Thirty-three states engaged in the unauthorized activity of altering the language of an amendment proposed by Congress, a power that the states do not possess.

Since thirty-six states were needed for ratification, the failure of thirteen to ratify was fatal to the Amendment. This occurs within the major (first three) defects tabulated in Defects in Ratification of the 16th Amendment. Even if we were to ignore defects of spelling, capitalization and punctuation, we would still have only two states which successfully ratified.





Larry BeCraft from Huntsville, Alabama.
With over 20 years in the Freedom Movement, no other freedom attorney has litigated as many cases as Larry for the cause of Freedom. Larry has even taken issues that he knew the judges would sanction him for and did it any way. He believed that the judges needed to address the issue. Judges have sanctioned him for his assertive advocacy for his clients. Larry has extensive experience in the Federal Income Tax area in both Criminal and Civil (money related) areas. He leads the Wallace Institute and their fine Freedom Litigation work.

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