The United States Government Is Illegitimate

By Robert G. Beard, Jr., C.P.A., C.G.M.A., J.D., LL.M.

This book is a draft of chapter one of Mr. Beard’s dissertation, The Impact of Constitutional Interpretation on Individual Freedom. He was kicked out of the J.S.D. program by a Dean, who graduated from Harvard Law, because this project was, to put it politely, “politically incorrect;” justification was that it would not contribute anything new or important to the existing scholarship. Once the Dean was no longer at the law school, Mr. Beard’s supervisor and co-faculty director of the program invited him back to finish this project.

The purpose of this dissertation is to explain how power-elites and branches of government have reinterpreted the U.S. Constitution to increase government power and authority at the expense of individual freedom. There are only two ways to interpret the U.S. Constitution: (1) Under the freedom doctrine; or, (2) as a master-slave relationship, which is what has been going on for the past 100 years.

• Language: English
• Publisher: Lulu Publishing Services
• Release date: Jun 7, 2017
• ISBN: 9781483469560

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The Source for Freedom and Self-Reliant Information

Thomas Jefferson defined rightful liberty as unobstructed action according to our will within limits drawn around us by the equal rights of others—I do not add ‘within the limits of the law,’ because law is often but the tyrant’s will, and always so when it violates the right of an individual.

THE UNITED STATES

GOVERNMENT IS

ILLEGITIMATE

Robert G. Beard, Jr., C.P.A., C.G.M.A., J.D., LL.M.

This was the original title proposed for my dissertation shortly after completing my Master of Laws Degree in December 2008. It was later changed to The Impact of Constitutional Interpretation on Individual Freedom because when pursuing doctoral research, one cannot have arrived at the conclusion during the proposal stage. The research has been done and the conclusion is: The United States government is illegitimate; it is operating outside the bounds of the Constitution.

Copyright © 2017 Robert G. Beard, Jr., C.P.A., C.G.M.A., J.D., LL.M..

All rights reserved. No part of this book may be reproduced, stored, or transmitted by any means—whether auditory, graphic, mechanical, or electronic—without written permission of the author, except in the case of brief excerpts used in critical articles and reviews. Unauthorized reproduction of any part of this work is illegal and is punishable by law.

Cover Art Credit: Jonathan James at jonathan-james.strikingly.com.

ISBN: 978-1-4834-6955-3 (sc)

ISBN: 978-1-4834-6957-7 (hc)

ISBN: 978-1-4834-6956-0 (e)

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Lulu Publishing Services rev. date: 5/12/2017

CONTENTS

Preamble

I. Introduction

A. Research Question and Focus of Dissertation

B. Background

C. Chapter Substance and Scope

1. Chapter II – History, Democracy and Natural Rights

2. Chapter III – Constitutional Interpretation

3. Chapter IV – The Natural Right to Self-Defense

4. Chapter V – Liberty, the Pursuit of Happiness, and Economic Freedom

5. Chapter VI – Constitutional Interpretation in a Free Society

6. Chapter VII – Summary, Recommendations and Conclusion

PREAMBLE

This book is the first unapproved draft of Chapter I – Introduction of my dissertation, The Impact of Constitutional Interpretation on Individual Freedom, for my Doctor of Science of Law (J.S.D.) from Thomas Jefferson School of Law. I began my research for this degree shortly after receiving my Master of Laws (LL.M.) degree in December 2008. My LL.M. thesis, The U.S. Individual Income Tax is Incompatible with a Free Society, was my motivation for taking on this project. My conclusion was that the U.S. Individual Income Tax is unconstitutional for several reasons; and, more importantly, because there is no reasonable argument to the contrary, the administration and collection of the income tax by the IRS represents a fraud perpetrated against the American people. Despite what the liberal elitists teaching constitutional law have stated, i.e., that the ratification of the Sixteenth Amendment in 1913—allowing Congress to tax all incomes from whatever source derived—put all constitutional issues or challenges to rest, is wrong.

The Sixteenth Amendment did not modify or change any other constitutional provisions and certainly did not supersede or replace the Fourth and Fifth Amendments to the Constitution. The income tax is unconstitutional because it violates our right to be left alone, our Fourth Amendment right to be secure in our papers and effects, our right to privacy; and, our Fifth Amendment right not to be compelled to be a witness against ourselves. When United States citizens and residents file income tax returns, signing them under penalties of perjury, and provide information to the Internal Revenue Service during an audit, they are unknowingly waiving their Fourth and Fifth Amendment rights. This is a fraud perpetrated against the American people and why I decided to write this dissertation

When I first started this project, my dissertation title was The United States Government is Illegitimate because it was operating outside the boundaries of the Constitution. Not being an academic, I was unaware that during the proposal phase of any doctoral research, one cannot arrive at the conclusion before pursuing the research. Since I had already done much of the research, I had no problem with the title but the new Dean, who was a Harvard Law graduate, certainly did. Also, I was unaware that my research project was never formally accepted, i.e., unbeknownst to me, I was never approved to go forward with my project.

After several years in the program and substantial research, my dissertation supervisor asked me to change the title and submit another formal proposal to be approved or disapproved by the newly appointed Dean, who graduated from Harvard Law. My initial title, An Inquiry into the Impact of Constitutional Interpretation on Individual Freedom, was inspired by the great Scottish philosopher Adam Smith’s, An Inquiry into the Nature and Causes of the Wealth of Nations, which I later shortened to The Impact of Constitutional Interpretation on Individual Freedom.

My 20-plus page proposal was rejected by the Dean because he did not like several of my citations from The Teaching Company, even though the material cited was a Ph.D. from Harvard with many distinguished awards and full professorships at major universities. In addition to my inadequate citations, he stated that my dissertation proposal would not contribute anything new or important to the existing scholarly research. Therefore, I was kicked out of the program.

After several years, the Dean was gone and my former supervisor asked me to come back and complete my project. Unfortunately, since he was now the co-faculty Director of the program, I needed to find a new Subject Matter Expert to serve as my J.S.D. Supervisor and Coordinator, along with three informal Advisors that are Ph.D.’s or current law school professors. The Supervisor/Coordinator may receive up to $500 per semester while the informal Advisors