Does the IRS Need Oversight?

[Obamanation]

...or do we need a tax code that would allow us to junk the entire IRS?

 

[TemplarKormac]

Please forgive the straightforwardness of the following comment:

What was your first clue, Captain Obvious?!

 

[The2ndAmendment]

The solution to the IRS can be found in Section III of this pending bill:

Title of Bill:
Federal and State Tyranny Prevention Act

Be It Enacted By The Suffolk County Legislature:

Preamble:​

We, the people of Suffolk County, do solemnly declare that the Creator, not Government, has bestowed each individual with certain unalienable rights, and that each individual is sovereign, free to communicate, interact and contract with other sovereigns, and by nature are free to defend themselves from all threats to their life, liberty and property.

The people of Suffolk County also reject the principle of unlimited submission to their federal government; but that, by a compact under the style and title of the Constitution for the United States, and of amendments thereto, they ratified a federal government for special purposes — delegated to that government certain definite powers, reserving, each State and County to itself, the residuary mass of right to their own self-government; and that whensoever the federal government assumes undelegated powers, its acts are unauthoritative, void, and of no force: and that the government created by this compact was not made the exclusive or final judge of the extent of the powers delegated to itself; since that would have made its discretion, and not the Constitution, the measure of its powers; but that, as in all other cases of compact among powers having no common judge, each party has an equal right to judge for itself, as well of infractions as of the mode and measure of redress.

However, New York State has failed in her responsibility to shield and protect her citizens from the usurpations of the federal government, and has, itself, assumed powers that are prohibited to New York State through the New York State Constitution and has both endorsed and enforced the tyrannical actions of the Federal Government. Therefore the Suffolk County Legislature must erect a bulwark shielding her citizens against the tyranny of the wicked and malicious federal and state governments.

Section I:
a. In respect to the arbitrary and monstrous nature of the Patriot Act (and other similar laws), both the United States and New York State are denied the ability to spy on any citizen of Suffolk County, unless they obtain a Warrant, supported by Oath or affirmation, particularly describing the things to be searched or seized. This Warrant must be presented to the Sheriff of Suffolk County, so that he or she has knowledge of the existence and nature of the Warrant, and may challenge the constitutional validity of the Warrant in the appropriate Suffolk County Court.

b. Any evidence obtained by the United States or New York State that circumvents the above processes, shall be inadmissible in court, and Suffolk County will shield its citizens from being arrested or detained or summoned before a state or federal tribunal, on evidence that is obtained contrary to this SECTION.

d. A federal or state Warrant that is challenged in a Suffolk County Court (by the sheriff) is rendered inoperative and is considered suspended, unless the appropriate Suffolk County Court approves the Warrant.

e. Local police and authorities reserve the right to exempt themselves from executing a federal or state search, regardless of the validity of the Warrant.

Section II:
a. In respect to the heinous implications of the National Defense Authorization Act (and other similar laws), the United States is denied the ability to kidnap any person within the boundaries of Suffolk County. The United States must obtain written permission from the Sheriff of Suffolk County before detaining or arresting an individual within Suffolk County, for any crime or violation of law thereof.

b. The failure of federal or state authorities to obtain written permission from the Sheriff of Suffolk County may be met with lethal force from either the local police or the person to be detained or arrested.

Section III:
a. Suffolk County recognizes the Sixteenth Amendment to the Constitution of the United States as a legitimate article of the Constitution; however, the Constitution does not authorize the use of paper fiat currency, therefore Suffolk County will cease to enforce the Sixteenth Amendment to the Constitution of the United States, unless the federal taxes are being collected in Lawful gold or silver Coin, as prescribed by Article I, Section 10, of the United States Constitution.

b. Suffolk County will also shield any of its inhabitants from detention or arrest or being forced to appear before a federal or state tribunal for failing to pay federal or state taxes in any Thing other than gold or silver Coin.

c. All federal taxes will be collected by Suffolk County and held in a Federal Escrow Tax Account, as the Constitution of United States does not grant the Federal Government the power to collect Federal Taxes or delegate that power to any other agency. As such, the IRS is prohibited from operating within Suffolk County immediately following the enactment of this bill.

b. All states taxes will be collected by Suffolk County and held in a State Escrow Tax Account.

Section IV:
a. Suffolk County does not recognize that the United States is being Invaded, or is experiencing Rebellion; therefore in accordance to Article I, Section 9, Clause 2 of the United States Constitution, the Writ of Habeas Corpus shall not be suspended for any person within the boundaries of Suffolk County.

Section V:
The Fifth Amendment of the Constitution of the United State shall be fully enforced as follows:

· No person within the boundaries of Suffolk County shall be held to answer for a capital, or otherwise infamous crime, unless upon a presentment of a Grand Jury.
· No person shall be charged for the same crimes in either federal or state Courts; Suffolk County shall have sole jurisdiction over crimes that overlap with federal and state jurisdiction.
· No person may be compelled to testify against themselves, whether inside or outside of Court, for any reason.
· No person shall be deprived of life, liberty or property without due process of law.
· Private property shall not be taken for public use without just compensation in gold or silver Coin.
· The enumeration of certain Fifth Amendment rights and procedures in this SECTION shall not be construed to deny or disparage other Fifth Amendment rights retained by the people.

Section VI:
The Sixth Amendment of the Constitution shall be fully enforced as follows:

· The Jury shall be fully informed of their right to judge both the law and the facts.
· If the accused challenges the jurisdiction of the Court, the Court has the burden to prove its jurisdiction.
· The accused must be explicitly informed of the law of which they have violated, and how they have violated that particular law, before being asked to enter a plea.
· The accused has the right to confront all Witnesses against him or her.
· There must be at least one Witness, which may include the aggrieved person or party, in order for the court (federal, state or county) to have criminal jurisdiction.
· The accused may present any evidence on their behalf, and argue the constitutionality and fairness of the law itself.
· In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, and may therefore have cameras or any other external recording device present during their hearing or trial, and may broadcast or stream (live uploading) to any television, radio or internet website, or any other form of existing and future media.
· The enumeration of certain Sixth Amendment rights and procedures in this SECTION shall not be construed to deny or disparage other Sixth Amendment rights retained by the people.

Section VII:
The Seventh Amendment of the Constitution of the United States shall be fully enforced as follows:

· The Twenty Dollar Clause shall be strictly applied, regardless of inflation.
· The Jury shall be fully informed of their right to judge both the law and the facts.
· No fact determined by a Jury in Suits at common law shall be re-examined, regardless of subsequent and existing Case law which says otherwise, other than according to the rules of the common law.

Section VIII:
The Eighth Amendment of the Constitution of the United States shall be fully enforced as follows:

· Bail cannot exceed more than the average monthly income of the defendant.
· In cases where flight risk or public danger are a concern (preventive dentition), the accused shall be held by the local Suffolk County authorities, regardless of the jurisdiction of the crime.
· Any citizen, resident or other inhabitant of Suffolk County, who experiences cruel or unusual punishment from federal or state authorities, shall be immediately transferred to Suffolk County authorities to serve the rest of their sentence, if not acquitted during a local re-trial.
· Failure of the federal or state governments to transfer any tortured or severely mistreated prisoner will result in Suffolk County withholding federal taxes or state taxes.


Section IX:
Resolved, that the people of Suffolk County accept that each individual is endowed by the Creator with equal and unalienable rights, and that government is not God; therefore government does not create nor grant rights, but instead is solely designed to protect those rights.

The Ninth Amendment of the Constitution of the United States shall be fully enforced as follows:

· Any operation of law by the Federal or State government, that operates outside the boundaries of their enumerated powers, shall be null and void, absent of authority and force.
· The Necessary and Proper Clause is only to grant the General (Federal) Government subsidiary abilities in order to carry out their enumerated powers. For instance, if the Federal Government needs to build a Fort, it has the ability to purchase the required materials to build that fort.


Section X:
The Tenth Amendment of the Constitution of the United States shall be fully enforced as follows:

· All powers not delegated to the Federal government in the Constitution of the United States, nor to the government of New York State in the New York State Constitution, are reserved to Suffolk County, or to the town governments.
· Any attempt to enforce unconstitutional law shall be met with equal force.

Section XI:
The First Amendment of the Constitution of the United States shall be fully enforced as follows:

· Any law by Congress which imposes a religious ideology or prohibits the practice of a religion, or persecutes a certain religion, shall be null and void, absent of authority and force.
· All licenses and requirements to operate radio, television or any and all other forms of mass media communication, including any future attempt to license and control newspapers or other physically printed articles, shall be null and void, absent of authority and force.
· Any attempt to define seditious or libelous information, shall by null and void, absent of authority and force.
· Any attempt to arrest or detain or torture or otherwise harm an individual for speaking their mind and thoughts, shall be met with equal force by Suffolk County.
· Any attempt to sabotage, electronically alter (hack) or destroy information held by individuals or companies or corporations in Suffolk County, will result in Suffolk County withholding federal or state taxes.
· The right of people to peacefully assemble, at any public location, or private location (upon Consent of the Owner), shall not be abridged in any way, nor shall any permit or license be required. Any attempt to disrupt peaceful assembly may be met with lethal force by either individual citizens or local authorities.
· The right to petition the Federal and States Governments a redress of grievances, shall not be punishable by any means, and any punishment shall be met with either lethal force (if within Suffolk County) or will result in Suffolk County withholding federal or state taxes.
· Suffolk County has exclusive jurisdiction over all the definitions and prosecutions and punishments of internet crimes.

Section XII:

The Third Amendment to the Constitution of the United States was written to deter the establishment of a police state through the use of standing armies. Today, the federal government can impose a police state without the use of standing armies, the federal government need only to fly surveillance drones, armed or unarmed, over our skies.

We, the people of Suffolk County, recognize the quartering of drones over our skies, without our Consent, as a violation of the Third Amendment to the Constitution of the United States, and shall not Consent to their presence hovering above households, threatening the security of our persons and homes, a clear violation of the Fourth Amendment.

The Third Amendment of the Constitution of the United States shall be fully enforced as follows:

· The United States is denied from flying drones over Suffolk County.
· Any drones flying over Suffolk County may be dismantled, disabled or destroyed by local authorities or regular citizens.
· Any attempt to fly manned aircraft over our skies shall result in the withholding of federal or state taxes.
· Any attempt to quarter Soldiers among the inhabitants of Suffolk County, shall be met with lethal force.
· Any attempt to station naval ships to blockade or otherwise obstruct our ports, shall result in immediate secession from the Union and New York State.

Section XIII:
There is only one logical interpretation of the Second Amendment, and that is that it shall not be infringed. Any other practice is a paradox, for it contradicts the very purpose of the Second Amendment in its entirety; it is the ultimate form of popular recourse against tyranny, and thus no potential tyrants may restrict it. The Second Amendment is the Supreme Sovereign; to surrender the Second Amendment, is to surrender the sovereignty of self-government, therefore:

The Second Amendment of the Constitution of the United States shall be fully enforced as follows:

· Suffolk County recognizes that no criminal will abide any firearm regulation.
· All federal, state and local laws governing the possession and usage of any and all firearms, are hereby null and void, without authority or force.

Any attempt by the United States or the State of New York to impose tyrannical measures to control the supply, distribution, possession or usage of any and all firearms in Suffolk County, shall result in immediate secession from the Union and New York State.

Section XIV:
"We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.--That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, --That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness."

Resolved, that among these unalienable rights, is the right to contract, therefore no person shall be forced into contract with any other person or entity, therefore the Health Insurance Mandate, and all other similar mandates are null and void, without authority or force. Any attempt to enforce such laws repugnant to the natural rights of man shall result in immediate secession from the Union and New York State.


Section XV:
· This bill shall be enacted 91 days after its passage.

 

[Lakhota]

From the beginning of the IRS “scandal”, it seemed obvious to me that with conservative nonprofit groups outspending liberals by 34-1, their activities would be more prone to scrutiny. Add into that mix the fact that after Citizens United, these dark money groups sprang up in order to avoid disclosure of donors, the fact that many of these “tea party” groups were actually violating the rules of nonprofits by engaging in political activities, and this scandal looked more like preemptive pushback than a “targeting” scandal.

It seems some election lawyers agree. Over the holiday weekend, when almost no one was reading politics, the New York Times published an article based on their review of IRS agency planning documents. It turns out that “The I.R.S. is already separately reviewing roughly 300 tax-exempt groups that may have engaged in improper campaign activity in past years.”

Thus, “Some election lawyers said they believed a wave of lawsuits against the I.R.S. and intensifying Congressional criticism of its handling of applications were intended in part to derail those audits, giving political nonprofit organizations a freer hand during the 2014 campaign.”

The Times examined more than a dozen of the organizations seeking nonprofit status, and they appear to have earned this scrutiny the hard way, “… a close examination of these groups and others reveals an array of election activities that tax experts and former I.R.S. officials said would provide a legitimate basis for flagging them for closer review.”

More: Republicans Are Using the IRS Scandal to Hide Their Koch Fueled Shady Activities

Groups Targeted by I.R.S. Tested Rules on Politics - The New York Times

 

[Clementine]

They are supposed to have oversight, but when corruption is rampant top to bottom, this is what we get.

Everyone in the administration had the same sorry excuse, which was that they knew nothing. They admitted that government is too big and there is no way for anyone to know what's going on. That may be true, but a lot of people know damn well what happened with the IRS and it's not some lowly employees. Obama thought throwing the IRS chief under the bus would end this.

So, no one knows nothing about an extremely well planned and executed plan to target Obama's enemies despite it taking a lot of people at all levels to pull it off. And even though the top officials in the IRS were aware of it, they decided to wait till after the election to let the cat out of the bag. Despite having over 100 meetings with Obama, the IRS chief was too busy talking about sports, the weather and egg hunt and just forgot to mention any of this.

Obama claims he had to watch the news and find out just like the rest of us. Yea, right. If that is true, then what the hell does he know about what goes on? Where is he putting his focus? It's not on jobs, the economy or helping the little people. Is he so absorbed with social issues, like abortion, and ensuring election wins with amnesty that he doesn't have time to do things that help all Americans? He's done more for the damn Muslim Brotherhood in their quest to takeover countries than he's done for the average American.

Most people I talk to are fed up with this kind of crap and the excuses are an insult to peoples' intelligence. Some people think it's funny, but they don't have any intelligence to insult.

It seems like too many people are willing to tolerate politicians lying. They've done it for so long, it's expected and no one calls them on it. Well, that needs to change. It's not supposed to be "us" and "them." It's supposed to be "we the people" and elected officials should be honored to serve their country. It shouldn't be a lifelong career. The longer they are there, the more corrupt they become. We need to reduce the perks. We need to insist that they follow all laws passed, like no insider trading. Serving your country isn't supposed to be a get rich quick scheme. They don't need high wages. We should house them the same way we do military members. Have apartments that are guarded at all times, but no big fancy houses and servants. They could all stay in the same apartment buildings and be quite safe. If it's good enough for our troops who risk their lives, it's more than good enough for congressmen who don't bother to read the damn bills before they vote- if they show up to vote.

We need to put our employees in their place. They are not rulers or royalty and we shouldn't treat them as such. They should serve us honorably. If they don't, they get a one-way ticket back to where they came from. No pension.

The latest scandals are a reminder that government cannot be trusted because there are too many people in government who are there for their own personal gain. If Americans were smart, they'd toss out all incumbents in the next few elections and start sending a message that we the people are still in charge and the government is our servant, not the other way around.

 

[Lakhota]

Nixon sent the IRS after his enemies. It's even on tape.

 

[Papageorgio]

Nixon sent the IRS after his enemies. It's even on tape.

Right, so the IRS, needs oversight.

 

[Lakhota]

Nixon sent the IRS after his enemies. It's even on tape.

Right, so the IRS, needs oversight.

Why, did Obama send the IRS after his enemies? Is it on tape?

 

[ScienceRocks]

I hate the IRS.

 

[Grandma]

So most of you have no idea how the tax department actually works or how tax codes actually work, and 2ndA, a county can't override the Constitution.

Generally speaking, the federal tax rules for most of us regular working-class schlubs need a bit of tweaking, but they aren't too bad. They do need a LOT of clarification, however. I don't know very many people that can fill out their own 1040-A without a domestic dispute, a nervous breakdown, or an alcoholic binge.

The instructions need to be far more clear and detailed. So what if they have to spend a few extra hundred thou on printing extra pages? It's cheaper than auditing confused taxpayers, or sending their forms back so the taxpayers will correct mistakes they would not have made if the instructions were more clearly written. People with bachelor's degrees get stuck on some parts of the form, how is someone with a high school diploma supposed to muddle through?

Taxes need to be more fair. That means that people who can hide their money should not be given any advantages over people that can't afford offshore accounts. (And taxes need to remain on a sliding scale. If the lower income groups pay more then they have less disposable income. The 1%ers don't spend much of their disposable income in the US. The economy would tank.)

There should be a base tax for all businesses making X amount, no matter how many attorneys they have, no multibillion-dollar operation should pay zero taxes or, worse still, get a refund. All businesses operating or headquartered in the US should pay federal taxes.

Charitable exemptions should be given to those that are EXCLUSIVELY charitable/community-oriented. Overhead expenses can only be deducted up to a specified dollar amount. (It's not very charitable for a "poor" minister to be cruising around in a BMW.)

Any subsidies a business or individual gets are taxable unless hardship can be proven (like a drought killing all the cows.) Victims of natural disasters get a specified tax break, with forms to fill out.

As it's physically impossible to locate all of the many necessary tax offices in DC, regional oversight and departmental oversight need to be better implemented. Hiring more people would cost a lot of money and send Congress and voters into a tizzy. The solution - move the existing overseers around. Don't let them get comfortable working in Cincinnati, or Dallas, or wherever, relocate them every couple of years. Relocate the auditors too, say every 5-7 years for them.

 

[Sallow]

...or do we need a tax code that would allow us to junk the entire IRS?

The IRS needs to be properly funded.

Right now there are literally billions in un-paid taxes and not enough people to collect.

 

[Obamanation]

Amazing.... The IRS targets people based on political ideology and morons on the left think the answer is better funding...

We have to stop these progressive fools before they totally destroy our Country!

 

[Grandma]

Amazing.... The IRS targets people based on political ideology and morons on the left think the answer is better funding...

We have to stop these progressive fools before they totally destroy our Country!

Read his post before you knee-jerk. Pay close attention to the recouping billions part.

 

[Papageorgio]

Nixon sent the IRS after his enemies. It's even on tape.

Right, so the IRS, needs oversight.

Why, did Obama send the IRS after his enemies? Is it on tape?

I didn't know that he did. Do you have proof? Do you need a tape? Is there other proof out there?

As far as the IRS, we do need some rules of oversight in place so we don't have what happened on 2011-2012, to ever be repeated. It is time to stop the games.

 

[Obamanation]

Amazing.... The IRS targets people based on political ideology and morons on the left think the answer is better funding...

We have to stop these progressive fools before they totally destroy our Country!

Read his post before you knee-jerk. Pay close attention to the recouping billions part.

Oh, I read his post fine... his answer is to GROW the government --- insanity!

 

[Stephanie]

From the beginning of the IRS “scandal”, it seemed obvious to me that with conservative nonprofit groups outspending liberals by 34-1, their activities would be more prone to scrutiny. Add into that mix the fact that after Citizens United, these dark money groups sprang up in order to avoid disclosure of donors, the fact that many of these “tea party” groups were actually violating the rules of nonprofits by engaging in political activities, and this scandal looked more like preemptive pushback than a “targeting” scandal.

It seems some election lawyers agree. Over the holiday weekend, when almost no one was reading politics, the New York Times published an article based on their review of IRS agency planning documents. It turns out that “The I.R.S. is already separately reviewing roughly 300 tax-exempt groups that may have engaged in improper campaign activity in past years.”

Thus, “Some election lawyers said they believed a wave of lawsuits against the I.R.S. and intensifying Congressional criticism of its handling of applications were intended in part to derail those audits, giving political nonprofit organizations a freer hand during the 2014 campaign.”

The Times examined more than a dozen of the organizations seeking nonprofit status, and they appear to have earned this scrutiny the hard way, “… a close examination of these groups and others reveals an array of election activities that tax experts and former I.R.S. officials said would provide a legitimate basis for flagging them for closer review.”

More: Republicans Are Using the IRS Scandal to Hide Their Koch Fueled Shady Activities

Groups Targeted by I.R.S. Tested Rules on Politics - The New York Times

wtf does this have to do with asking if the Irs need oversight?

Republicans Are Using the IRS Scandal to Hide Their Koch Fueled Shady Activities

maybe the Democrats are using it to cover their Soros fueled shady activities...???? you agree right

 

[Stephanie]

yeah they need more FUNDING...so they can they garnish your paychecks or confiscate everything a citizen of this country has if you don't pay them...

and of course now they are going to be in charge of your wonderful ObamaCare....

 

[ba1614]

It needs to be gotten rid of, nothing but a bunch of leeches living on either the productivity, or misery, of everyone else.

Fair/flat tax is the way to go and this unnecessary bloated bureaucracy wouldn't be needed.

 

[The2ndAmendment]

Nixon sent the IRS after his enemies. It's even on tape.

So we're not blaming Bush anymore, we're blaming Nixon?

 

[The2ndAmendment]

So most of you have no idea how the tax department actually works or how tax codes actually work, and 2ndA, a county can't override the Constitution.

It's called nullification. The Ninth and Tenth Amendments reserve all powers not expressly delegated to the federal government to the States or the people (local governments). It's being used by several counties across the nation to nullify federal maraijuana laws and federal gun laws and federal marriage laws. The Federal government is INFERIOR to the locla and state governments except where the powers are expressly provided, in which case those powers are the SUPREME law of the land.

Here is the New York State Ratification of the US Constitution by the COUNTIES of New York (important parts in bold, and County Nullification is in RED):

WE the Delegates of the People of the State of New York, duly elected and Met in Convention, having maturely considered the Constitution for the United States of America, agreed to on the seventeenth day of September, in the year One thousand Seven hundred and Eighty seven, by the Convention then assembled at Philadelphia in the Common-wealth of Pennsylvania (a Copy whereof precedes these presents) and having also seriously and deliberately considered the present situation of the United States, Do declare and make known.

That all Power is originally vested in and consequently derived from the People, and that Government is instituted by them for their common Interest Protection and Security.

That the enjoyment of Life, Liberty and the pursuit of Happiness are essential rights which every Government ought to respect and preserve.

That the Powers of Government may be reassumed by the People, whensoever it shall become necessary to their Happiness; that every Power, Jurisdiction and right, which is not by the said Constitution clearly delegated to the Congress of the United States, or the departments of the Government thereof, remains to the People of the several States, or to their respective State Governments to whom they may have granted the same; And that those Clauses in the said Constitution, which declare, that Congress shall not have or exercise certain Powers, do not imply that Congress is entitled to any Powers not given by the said Constitution; but such Clauses are to be construed either as exceptions to certain specified Powers, or as inserted merely for greater Caution.

That the People have an equal, natural and unalienable right, freely and peaceably to Exercise their Religion according to the dictates of Conscience, and that no Religious Sect or Society ought to be favoured or established by Law in preference of others.

That the People have a right to keep and bear Arms; that a well regulated Militia, including the body of the People capable of bearing Arms, is the proper, natural and safe defence of a free State;

That the Militia should not be subject to Martial Law except in time of War, Rebellion or Insurrection.

That standing Armies in time of Peace are dangerous to Liberty, and ought not to be kept up, except in Cases of necessity; and that at all times, the Military should be under strict Subordination to the civil Power.

That in time of Peace no Soldier ought to be quartered in any House without the consent of the Owner, and in time of War only by the Civil Magistrate in such manner as the Laws may direct.

That no Person ought to be taken imprisoned or disseised of his freehold, or be exiled or deprived of his Privileges, Franchises, Life, Liberty or Property but by due process of Law.

That no Person ought to be put twice in Jeopardy of Life or Limb for one and the same Offence, nor, unless in case of impeachment, be punished more than once for the same Offence.

That every Person restrained of his Liberty is entitled to an enquiry into the lawfulness of such restraint, and to a removal thereof if unlawful, and that such enquiry and removal ought not to be denied or delayed, except when on account of Public Danger the Congress shall suspend the privilege of the Writ of Habeas Corpus.

That excessive Bail ought not to be required; nor excessive Fines imposed; nor Cruel or unusual Punishments inflicted.

That (except in the Government of the Land and Naval Forces, and of the Militia when in actual Service, and in cases of Impeachment) a Presentment or Indictment by a Grand Jury ought to be observed as a necessary preliminary to the trial of all Crimes cognizable by the Judiciary of the United States, and such Trial should be speedy, public, and by an impartial Jury of the County where the Crime was committed; and that no person can be found Guilty without the unanimous consent of such Jury. But in cases of Crimes not committed within any County of any of the United States, and in Cases of Crimes committed within any County in which a general Insurrection may prevail, or which may be in the possession of a foreign Enemy, the enquiry and trial may be in such County as the Congress shall by Law direct; which County in the two Cases last mentioned should be as near as conveniently may be to that County in which the Crime may have been committed. And that in all Criminal Prosecutions, the Accused ought to be informed of the cause and nature of his Accusation, to be confronted with his accusers and the Witnesses against him, to have the means of producing his Witnesses, and the assistance of Council for his defense, and should not be compelled to give Evidence against himself.

That the trial by Jury in the extent that it obtains by the Common Law of England is one of the greatest securities to the rights of a free People, and ought to remain inviolate.

That every Freeman has a right to be secure from all unreasonable searches and seizures of his person his papers or his property, and therefore, that all Warrants to search suspected places or seize any Freeman his papers or property, without information upon Oath or Affirmation of sufficient cause, are grievous and oppressive; and that all general Warrants (or such in which the place or person suspected are not particularly designated) are dangerous and ought not to be granted.

That the People have a right peaceably to assemble together to consult for their common good, or to instruct their Representatives; and that every person has a right to Petition or apply to the Legislature for redress of Grievances.-That the Freedom of the Press ought not to be violated or restrained.

That there should be once in four years an Election of the President and Vice President, so that no Officer who may be appointed by the Congress to act as President in case of the removal, death, resignation or inability of the President and Vice President can in any case continue to act beyond the termination of the period for which the last President and Vice President were elected.

That nothing contained in the said Constitution is to be construed to prevent the Legislature of any State from passing Laws at its discretion from time to time to divide such State into convenient Districts, and to apportion its Representatives to and amongst such Districts.

That the Prohibition contained in the said Constitution against en post facto Laws, extends only to Laws concerning Crimes.

That all Appeals in Causes determineable according to the course of the common Law, ought to be by Writ of Error and not otherwise.

That the Judicial Power of the United States in cases in which a State may be a party, does not extend to criminal Prosecutions, or to authorize any Suit by any Person against a State.

That the Judicial Power of the United States as to Controversies between Citizens of the same State claiming Lands under Grants of different States is not to be construed to extend to any other Controversies between them except those which relate to such Lands, so claimed under Grants of different States.

That the Jurisdiction of the Supreme Court of the United States, or of any other Court to be instituted by the Congress, is not in any case to be encreased enlarged or extended by any Fiction Collusion or mere suggestion; And That no Treaty is to be construed so to operate as to alter the Constitution of any State.

Under these impressions and declaring that the rights aforesaid cannot be abridged or violated, and that the Explanations aforesaid are consistent with the said Constitution, And in confidence that the Amendments which shall have been proposed to the said Constitution will receive an early and mature Consideration: We the said Delegates, in the Name and in the behalf of the People of the State of New York Do by these presents Assent to and Ratify the said Constitution. In full Confidence nevertheless that until a Convention shall be called and convened for proposing Amendments to the said Constitution, the Militia of this State will not be continued in Service out of this State for a longer term than six weeks without the Consent of the Legislature thereof;-that the Congress will not make or alter any Regulation in this State respecting the times places and manner of holding Elections for Senators or Representatives unless the Legislature of this State shall neglect or refuse to make Laws or regulations for the purpose, or from any circumstance be incapable of making the same, and that in those cases such power will only be exercised until the Legislature of this State shall make provision in the Premises;-that no Excise will be imposed on any Article of the Growth production or Manufacture of the United States, or any of them within this State, Ardent Spirits excepted; And that the Congress will not lay direct Taxes within this State, but when the Monies arising from the Impost and Excise shall be insufficient for the public Exigencies, nor then, until Congress shall first have made a Requisition upon this State to assess levy and pay the Amount of such Requisition made agreably to the Census fixed in the said Constitution in such way and manner as the Legislature of this State shall judge best, but that in such case, if the State shall neglect or refuse to pay its proportion pursuant to such Requisition, then the Congress may assess and levy this States proportion together with Interest at the Rate of six per Centum per Annum from the time at which the same was required to be paid.

Done in Convention at Poughkeepsie in the County of Dutchess in the State of New York the twenty sixth day of July in the year of our I'ord One thousand Seven hundred and Eighty eight.

By Order of the Convention.

GEO: CLINTON President

Attested

JOHN McKESSON

ABM B. BANCKER Secretaries-

AND the Convention do in the Name and Behalf of the People of the State of New York enjoin it upon their Representatives in the Congress, to Exert all their Influence, and use all reasonable means to Obtain a Ratification of the following Amendments to the said Constitution in the manner prescribed therein; and in all Laws to be passed by the Congress in the meantime to conform to the spirit of the said Amendments as far as the Constitution will admit.

That there shall be one Representative for every thirty thousand Inhabitants, according to the enumeration or Census mentioned in the Constitution, until the whole number of Representatives amounts to two hundred; after which that number shall be continued or encreased but not diminished, as Congress shall direct, and according to such ratio as the Congress shall fix, in conformity to the rule prescribed for the Apportionment of Representatives and direct Taxes.

That the Congress do not impose any Excise on any Article (except Ardent Spirits) of the Growth Production or Manufacture of the United States, or any of them.

That Congress do not lay direct Taxes but when the Monies arising from the Impost and Excise shall be insufficient for the Public Exigencies. nor then until Congress shall first have made a Requisition upon the States to assess levy and pay their respective proportions of such Requisition, agreably to the Census fixed in the said Constitution, in such way and manner as the Legislatures of the respective States shall judge best; and in such Case, if any State shall neglect or refuse to pay its proportion pursuant to such Requisition, then Congress may assess and levy such States proportion, together with Interest at the rate of six per C`entum per Annum, from the time of Payment prescribed in such Requisition.

That the Congress shall not make or alter any Regulation in any State respecting the times places and manner of holding Elections for Senators or Representatives, unless the Legislature of such State shall neglect or refuse to make Laws or Regulations for the purpose, or from any circumstance be incapable of making the same; and then only until the Legislature of such State shall make provision in the premises; provided that Congress may prescribe the time for the Election of Representatives.

That no Persons except natural born Citizens, or such as were Citizens on or before the fourth day of July one thousand seven hundred and seventy six, or such as held Commissions under the United States during the War, and have at any time since the fourth day of July one thousand seven hundred and seventy six become Citizens of one or other of the United States, and who shall be Freeholders, shall be eligible to the Places of President, Vice President, or Members of either House of the Congress of the United States.

That the Congress do not grant Monopolies or erect any Company with exclusive Advantages of Commerce.

That no standing Army or regular Troops shall be raised or kept up in time of peace, without the consent of two-thirds of the Senators and Representatives present, in each House.

That no Money be borrowed on the Credit of the United States without the Assent of two-thirds of the Senators and Representatives present in each House.

That the Congress shall not declare War Without the concurrence of two-thirds of the Senators and Representatives present in each House.

That the Privilege of the Habeas Corpus shall not by any Law be suspended for a longer term than six Months, or until twenty days after the Meeting of the Congress next following the passing of the Act for such suspension.

That the Right of the Congress to exercise exclusive Legislation over such District, not exceeding ten Miles square, as may by cession of a particular State, and the acceptance of Congress, become the Seat of the Government of the United States, shall not be so exercised, as to exempt the Inhabitants of such District from paying the like Taxes Imposts Duties and Excises, as shall be imposed on the other Inhabitants of the State in which such District may be; and that no person shall be privileged within the said District from Arrest for Crimes committed, or Debts contracted out of the said District.

That the Right of exclusive Legislation with respect to such places as may be purchased for the Erection of Forts, Magazines, Arsenals, Dockyards and other needful Buildings, shall not authorize the Congress to make any Law to prevent the Laws of the States respectively in which they may be, from extending to such places in ail civil and Criminal Matters except as to such Persons as shall be in the Service of the United States; nor to them witl respect to Crimes committed without such Places.

That the Compensation for the Senators and Representatives be ascertained by standing Laws; and that no alteration of the existing rate of Compensation shall operate for the Benefit of the Representatives, until after a subsequent Election shall have been had.

That the Journals of the Congress shall be published at least once a year, with the exception of such parts relating to Treaties or Military operations, as in the Judgment of either House shall require Secrecy; and that both Houses of Congress shall always keep their Doors open during their Sessions, unless the Business may in their Opinion requires Secrecy. That the yeas & nays shall be entered on the Journals whenever two Members in either House may require it.

That no Capitation Tax shall ever be laid by the Congress.

That no Person be eligible as a Senator for more than six years in any term of twelve years; and that the Legislatures of the respective States may recal their Senators or either of them, and elect others in their stead, to serve the remainder of the time for which the Senators so recalled were appointed.

That no Senator or Representative shall during the time for which he was elected be appointed to any Office under the Authority of the United States.

That the Authority given to the Executives of the States to fill the vacancies of Senators be abolished, and that such vacancies be filled by the respective Legislatures.

That the Power of Congress to pass uniform Laws concerning Bankruptcy shall only extend to Merchants and other Traders; and that the States respectively may pass Laws for the relief of other Insolvent Debtors.

That no Person shall be eligible to the Office of President of the United States a third time.

That the Executive shall not grant Pardons for Treason, unless with the Consent of the Congress; but may at his discretion grant Reprieves to persons convicted of Treason, until their Cases, can be laid before the Congress.

That the President or person exercising his Powers for the time being, shall not command an Army in the Field in person, without the previous desire of the Congress.

That all Letters Patent, Commissions, Pardons, Writs and Process of the United States, shall run in the Name of the People of the United States, and be tested in the Name of the President of the United States, or the person exercising his powers for the time being, or the first Judge of the Court out of which the same shall issue, as the case may be.

That the Congress shall not constitute ordain or establish any Tribunals or Inferior Courts, with any other than Appellate Jurisdiction, except such as may be necessary for the Tryal of Causes of Admiralty and Maritime Jurisdiction, and for the Trial of Piracies and Felonies committed on the High Seas; and in all other Cases to which the Judicial Power of the United States extends, and in which the Supreme Court of the United States has not original Jurisdiction, the Causes shall be heard tried, and determined in some one of the State Courts, with the right of Appeal to the Supreme Court of the United States, or other proper Tribunal to be established for that purpose by the Congress, with such exceptions, and under such regulations as the Congress shall make.

That the Court for the Trial of Impeachments shall consist of the Senate, the Judges of the Supreme Court of the United States, and the first or Senior Judge for the time being, of the highest Court of general and ordinary common Law Jurisdiction in each State;-that the Congress shall by standing Laws designate the Courts in the respective States answering this Description, and in States having no Courts exactly answering this Description, shall designate some other Court, preferring such if any there be, whose Judge or Judges may hold their places during good Behaviour-

Provided that no more than one Judge, other than Judges of the Supreme Court of the United States, shall come from one State- That the Congress be authorized to pass Laws for compensating the said Judges for such Services and for compelling their Attendance- and that a Majority at least of the said Judges shall be requisite to constitute the said Court-that no person impeached shall sit as a Member thereof. That each Member shall previous to the entering upon any Trial take an Oath or Affirmation, honestly and impartially to hear and determine the Cause-and that a Majority of the Members present shall be necessary to a Conviction.

That persons aggrieved by any Judgment, Sentence or Decree of the Supreme Court of the United States, in any Cause in which that Court has original Jurisdiction, with such exceptions and under such Regulations as the Congress shall make concerning the same, shall upon application, have a Commission to be issued by the President of the United States, to such Men learned in the Law as he shall nominate, and by and with the Advice and consent of the Senate appoint, not less than seven, authorizing such Commissioners, or any seven or more of them, to correct the Errors in such Judgment or to review such Sentence and Decree, as the case may be, and to do Justice to the parties in the Premises.

That no Judge of the Supreme Court of the United States shall hold any other Office under the United States, or any of them.

That the Judicial Power of the United States shall extend to no Controversies respecting Land, unless it relate to Claims of Territory or Jurisdiction between States, or to Claims of Land between Individuals, or between States and Individuals under the Grants of different States.

That the Militia of any State shall not be compelled to serve without the limits of the State for a longer term than six weeks, without the Consent of the Legislature thereof.

That the words without the Consent of the Congress in the seventh Clause of the ninth Section of the first Article of the Constitution, be expunged.

That the Senators and Representatives and all Executive and Judicial Officers of the United States shall be bound by Oath or Affirmation not to infringe or violate the Constitutions or Rights of the respective States.

That the Legislatures of the respective States may make Provision by Law, that the Electors of the Election Districts to be by them appointed shall chuse a Citizen of the United States who shall have been an Inhabitant of such District for the Term of one year immediately proceeding the time of his Election, for one of the Representatives of such State.

Done in Convention at Poughkeepsie in the County of Dutchess in the State of New York the twenty sixth day of July in the year of our Lord One thousand seven hundred and Eighty eight.

By Order of the Convention.

Attested- GEO: CLINTON President

JOHN McKESSONN