Government and Due Process

Senator Barbara Boxer (D, CA) and Senate Majority Leader Harry Reid (D, UT) want to bar American citizens from leaving the country solely on the basis of the say so one of the collections of President Obama’s decried “unelected officials”—this time the bureaucrats of the IRS.

Boxer’s Senate Bill 1813, “Moving Ahead for Progress in the 21st Century Act” (MAP-21), is “AN ACT To reauthorize Federal-aid highway and highway safety construction programs, and for other purposes.”  Reid tacked on to this his amendment, which reads in part (it’s in Section 40304 of this 1,700 page bill):

If the Secretary [of the Treasury] receives certification by the Commissioner of Internal Revenue that any individual has a seriously delinquent tax debt in an amount in excess of $50,000, the Secretary shall transmit such certification to the Secretary of State for action with respect to denial, revocation, or limitation of a passport….

Hmm….

The Editor of the Congressional Quarterly publication’s Senate Watch, Niels Lesniewski, insists that such a thing has legal precedent:

Existing law says that passports may not be reviewed for applicants owing child support in excess of $2,500.  So I think supporters would say: “You can’t get a passport if you don’t pay child support, but you can get a passport if you don’t pay taxes?”

But this is a red herring.  The deadbeat parent has been found in open court to be guilty of the arrearage.  An IRS filing of notice, which is all Reid’s amendment requires, is not even an accusation of tax evasion, as Constitutional Lawyer Angel Reyes points out, much less an actual conviction for tax evasion.  Reyes expanded on the point:

It takes away your right to enter or exit the country based upon a non-judicial IRS determination that you owe taxes.  It’s a scary thought that our congressional representatives want to give the IRS the power to detain US citizens over taxes, which could very well be in dispute.

Our Bill of Rights’ 3rd, 4th, 5th, 6th, and 7th Amendments each carry very a strongly implied right to due process, and the 14th Amendment makes that right explicit.  But, then, as the Progressive opinionist, Ezra Klein, has already pronounced, the Constitution isn’t binding on anyone.

This is a bad amendment, and one marvels at the cynicism of the Progressive Senators in attaching such a wholly irrelevant amendment to what is, at bottom, an attempt at a jobs bill.  If they really believed in the legitimacy of this concept, they’d put it into a separate bill of its own and bring it to the floor for open debate.

One marvels further, though, at the margin of passage: this bill passed out of the Senate on a 74-22 vote.  There are entirely too many RINOs in the Senate.

2 thoughts on “Government and Due Process

  1. The USA continues to take away the freedom of Americans. This bill has already passed the senate, it is very important that you contact your representatives to oppose senate bill 1813 and request that the amendment giving new power to the IRS to revoke and suspend passports removed. It is very easy to contact your representatives by email, here is the link. https://writerep.house.gov/writerep/welcome.shtml

    Below is my draft response to my representative, it may be helpful for other people that oppose this bill and also explains my views. You are welcome to use whatever you want when you contact your representatives.

    I oppose S.1813 – Transportation Research and Innovative Technology Act of 2012. I also oppose the attached Amendment giving power to the IRS to revoke and suspend passports.

    Specifically I oppose the bill because it creates additional spending and even more important I also oppose the attached amendment giving power to the IRS to revoke or suspend or renew passports. I oppose the IRS having the power to prevent or prohibit Americans from traveling. I oppose giving the IRS any additional powers. Please do what it takes to remove the amendment from Senate bill 1813 and all other bills it may get attached to in the future.

    First of all Americans have the right to dispute an IRS claim and the amount of the dispute is unimportant. Everyone knows the exorbitant penalties and high interest can hyper-inflate any claim to a much higher figure than what is mentioned in the amendment. The politicians in the senate are obviously trying to circumvent justice and give the IRS the power to strong arm the taxpayers and take away their right to dispute an IRS claim.

    The IRS is already the most feared and ruthless collection agency in the world, politicians should be limiting the IRS powers not giving them more power. The politicians have promised to reduce the powers of the IRS many times before but instead they attempt to give the IRS more power. The hypocritical politicians need to be stopped now. Please also introduce a bill to reduce the powers of the IRS.

    It is obvious once again the politicians that authored the amendment and attached the amendment to Bill 1813 and the senators that approved this bill 1813 are not thinking correctly. As a general rule the rich and the poor do not have tax disputes with the IRS of course their are a few exceptions but not many, it is the small business owners that have the majority of tax disputes with the IRS. In addition it is the small business owners that pay the majority of the taxes to the IRS. So the stupid or ignorant politicians that authored and attached and approved the amendment giving power to the IRS to revoke or suspend passports are targeting and attacking the small business owners which pay most of the taxes in the USA, that sounds kind of stupid to me. In addition the small business owners that do international business will be affected the most, unfortunately that is the fastest growing portion of American business. Small business owners that focus on international business are the companies that are hiring many people at this time. Once again targeting and attacking the fastest growing and most vulnerable part of American Business sounds stupid to me. The amendment could obviously have a negative impact on the hiring of Americans and jeopardize desperately needed jobs. Please do everything possible to prevent bill 1813 from becoming law and remove all Amendments giving additional power to the IRS.

    If this bill 1813 with the amendment giving the IRS power to revoke passports is ever passed, soon after some ignorant congressman will attempt to take away the drivers licenses of the American people for some frivolous reason. That will accomplish nothing and further anger and polarize the American people as well as erode American values and pride as well as restrict the freedom and liberty of Americans. I assume they may soon revoke all the driving licenses of Americans that cannot afford to pay their student loans or some other asinine reason. I am sure this will happen so please be prepared and vote no for any such action. These attacks on the freedom need to stop now.

    Restricting Americans freedom to travel in order to help reduce the deficit is unconscionable and stupid.These soviet style tactics of limiting peoples freedom are going to backfire. As was in the other repressive societies in the past the wealthy and middle class people that can afford to will just leave the USA permanently and start paying their taxes to another country that does not have soviet style repression. Many wealthy and middle class people are already leaving the USA. So the end result would be that less people would be paying taxes. You already know this is already happening. This Senate Bill 1813 needs to defeated and the amendment giving power to the IRS to revoke and suspend passports needs to removed permanently from all bills. Please make sure it happens.

    Everyone knows that the true cause of huge budget deficit and the astronomical debt is overspending and over borrowing. Always keep in mind that the politicians created the huge deficit and astronomical debt. The taxpayers with IRS disputes did not create this problem. If the debt was not so large and the taxes not so high and the IRS penalties not so unreasonable there would be far less tax disputes and no need to harass American taxpayers. The politicians created all this debt so it would better if you introduced a bill that gives the IRS the power to revoke the passports of the politicians that created this huge debt and deficit problem, please do that. This repressive amendment may be a feeble attempt to cut the deficit however it appears more like a distraction designed to distraction Americans from the real problem of overspending but it will obviously not work. It is not possible to reduce the huge astronomical debt by making the USA into a debtors prison. You could take away everyone’s passport and driving license and you still would not be able to fix the huge budget deficit and the astronomical debt of our country.

    The amendment that gives the IRS the power to revoke or suspend passports is extremely repressive as well offensive. It is something you expect from Russia or China, not the USA. Turning the USA into a debtors prison is something I thought could never happen in the USA. This country has gone down hill rapidly, the politicians are destroying America. The amendment attached to Senate bill 1813 giving the IRS power to revoke or suspend passports proves that the government really is turning into a repressive regime against American’s right to freedom, liberty and the pursuit of justice. Already the USA has the highest percentage of it’s citizens in prison, a higher percentage than any other country in the world including Iran, China, Cuba and Russia. Now the politicians want to make the entire country a debtors prison, it appears that the politicians in the Senate may be mentally ill or intentionally trying to create a repressive regime to totally control it’s citizens. I value freedom and liberty above everything else as did my forefathers that founded and fought to keep this country free. The inclusion of the Amendment of giving additional power to the IRS in any bill is one step closer for the USA to becoming a police state. Please do everything possible to prevent this bill 1813 from becoming law and remove the amendment giving the IRS any additional power (including the revocation or suspension or preventing the renewal of passports).

    Even though the huge debt and budget deficit is a catastrophic problem it appears that the Senate politicians would rather spend their valuable time harassing Americans instead of trying to find ways to cut the out of control spending. The only thing that will fix the huge deficit and the astronomical debt of our country is to cut spending so I am also instructing you to reduce spending now. I oppose any additional spending, I also oppose any additional debt. I want you to cut spending. Please concentrate on the problem of overspending and prevent socialist senate politicians from passing laws that give more power to the IRS to harass and imprison American citizens in their own country. The politicians caused the huge deficit now fix it by cutting spending and cutting borrowing.

    Please vote no for all such amendments and bills that polarize the people and/or attempt to create class warfare and/or harass American citizens and/or limit Americans freedom and/or take away the rights of Americans to dispute claims with the IRS or make it more difficult to dispute claims with the IRS.

    There is an ever growing erosion of American values and pride as well as an ever increasing embarrassment of being American. Politicians that create and pass laws that limit American freedom and erode American pride are making the USA the laughing stock of the world. America is supposed to be a role model for other countries when it comes to freedom. Instead now the amendment attached to bill 1813 giving power to the IRS to revoke or suspend passports prove that the USA is one of the most repressive governments in the world.

    When I see attachments to bills like the one giving the IRS power to suspend or revoke an Americans right to travel it makes me sick. It makes me feel embarrassed to be an American. Please try to stop the other politicians from destroying our country. Can you imagine what reaction our forefathers the founders of this country would have if something like this happened 200 years ago? It is obvious that would have never happened because they understood what freedom means and fought and died for the freedom of Americans. Now politicians are trying to take away the freedom of Americans. So why is it happening now? I think you already know, this country is going bankrupt and bad politicians would rather polarize and harass American citizens than cut spending. As always politicians put their own interest in continuing their career as a politician ahead of the needs of the American people. The overspending socialist politicians are addicted to spending other peoples money (the tax payers) and borrowing more every chance they get.It is easy for them to spend other peoples money, specifically my money (Americans are responsible for the debt of their country.). That is sad and it makes me sick when politicians spend my money foolishly. I would never authorize anyone to use my money to overspend and then over borrow. I am instructing you to cut spending now and stop harassing Americans. Please oppose Senate bill 1813 and remove the amendment giving the IRS power to revoke, suspend or refuse renewal of passports.

    It is hard to believe that in the USA travel is a privilege and not a right. The USA government continues to increase control over it’s citizens at an alarming rate. When the American government controls your ability to travel it is easy to see that the American government is out of control.and needs to reigned in by it’s citizens. Please initiate a bill that makes Americans ability to travel freely a right and not just a privilege so other politicians will never be able to do this repressive act in the future. I don’t want my government to be able to limit travel and control Americans like other repressive governments. I want Americans to be to be free and I want to be proud of my country.

    The politicians created all the problems in my country so please start fixing this country now by cutting spending, please stop spending my money without my permission, please stop borrowing without my permission. Most of all stop attempting to harass the American citizens and don’t forget the taxpayers that the Senate politicians are attempting to harass pay their salaries. Please initiate a bill to reduce all congressman’s salary by 50% until the astronomical government debt is zero.

    This bill is already causing stress and strife in this country. Politicians are trying to polarize the American people and imprison Americans that want to dispute IRS claims. It is a lame idea and it will not work. The whole idea of a debtors prison is archaic and repressive. It appears that the politicians that approved this bill in the senate are obviously trying to distract Americans and divert their attention from the real problem (overspending & over borrowing). You politicians need to remember that our forefathers that were rich and poor fought together to create a free country. The rich and the poor fought to keep an oppressive government from controlling their lives. It appears that once again it is time for the rich and poor to work together to change this repressive regime that you politicians call a government. It is time to vote against all the politicians that attempt to attempt to create a repressive regime that tries to control the freedom of it’s citizens.

    Once again, I oppose Bill 1813 and I oppose the attached Amendment giving the IRS additional powers to revoke, suspend or refuse to renew passports. I want you to remove the Amendment giving power to the IRS to revoke, suspend or refuse to renew passports from bill 1813 and any other bill that contains similar amendments. I oppose any bill that changes the freeways to toll roads.

    Sincerely,

  2. While I agree with the sentiment of blocking the IRS amendment, might I offer some words of advice? I’m going to, anyway.

    Four pages and 2300 words. Brevity is your friend when you’re trying to correspond with busy people. There’s a lot of repetition, also–there’s a pool of cutting for your brevity. Next, lose the name calling. How persuasive do you really think you’re being when you’re gratuitously insulting the person to whom you’re writing? Our Congressmen do, indeed, work for us, but they work for their other constituents, too, including those individuals who have opinions different from our own. Our representatives have the difficult task of balancing those competing demands, finding an overall view from their constituents–and some of them do a better or worse job, to be sure. That’s solvable at the next election. Finally, focus. You oppose the basic bill as well as the IRS amendment. Fair enough, but you only tossed off a general objection to spending in support of that opposition and spent the rest of your 2300 words on the amendment. Your opposition to S.1813 itself wants more support. But in the interests of brevity, maybe in a separate letter.

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