Sent: Sunday, December 05, 2004 6:42 PM

 

Attachment:.....

 

Karl G. GRANSE, a Minnesota citizen, in propria persona, proceeding in summo jure, Plaintiff,

 

v.

 

UNITED STATES of America, the Internal Revenue Service, Internal Revenue

Purpose of this Post and 4 attachments - Part 2 will posted behind this - the Chevron Case on intent.

        I now have in my possession copies from the DOJ on the IRS case in the 9th, Chief Federal Judge of Alaska James Singleton, and Kerry Hennings of the DMV in Anchorage, that we do not need regulations for these agencies to proceed, but they operate only by statute.  This is abrogation of the direct mandates of Congress and the Legislature of Alaska and adjudged decisions of the Supreme Court of the United States.

 

        THIS IS CORE PROBLEM WITH ALL AGENCIES IN THAT THEY ARE THE OPINION THAT THEY CAN OPERATE BY STATUTE ONLY WITH NO REGULATIONS AS A GOVERNMENT UNTO THEMSELVES!!!!!

 

        THIS IS THE JUGULAR OF THE AGENCY IN THAT THEY CAN NOT PROCEED WITHOUT A SUBSTANTIVE REGULATIONS UNDER THE LEGISLATIVE GRANT BY CONGRESS OR THE LEGISLATURE TO CREATE AN OBLIGATION OR DUTY UPON THE PEOPLE OF THIS CONSTITUTIONAL REPUBLIC.

               

        Since the Civil War by the treasonous actions of Lincoln and the Congress of that era and the overthrowing of the Constitutional Republic by the Congress by and through the Reconstruction Acts after the Civil War by refusing to surrender the War Powers that they perceived that they exercised, the door was opened to proceed to reconstruct a government like the Roman Empire in its latter stages using the Roman Civil Law.  President Johnson surrendered his War Powers, but Congress refused, and set up provisional Military Governments in the South and the "laws of Congress" became the supreme law of the Land and everyone purportedly owed allegiance to Congress in total defiance of the supremacy in Article VI were the Constitution and the "Laws of the United States" are the supreme Law of the Land.  See the Constitution of Virginia on my home page on the first page of the Bill of Rights and War Powers book also on my home page by Whiting.  The qualified Elector of the several States was overthrow after the civil war by the Reconstruction acts where the military government rose above the civilian government and the beginning of the registered voter was implemented.  See my home page on the Attorney General Opinion of the United States and it is also attached.

 

        After the demise of the State's Rights by and through the 1913 era of abrogating the State's representation in the Congress by Senators elected by the legislature by amendment, the Federal Reserve Act to begin the abolishing of the gold and silver attached to money, all that was needed was an emergency.  So here comes the 1929 stock market crash and another treasonous President to implement the New Deal, i.e. Franklin D. Roosevelt.

 

        This is the official beginning of the new official Administrative State with the Federal Register (rule by legal notice) and the expansion of Agencies ad nauseam.

        These Agencies promulgate regulations authorized by law (Congress or the Legislature called substantive rules (regulations) that that have the force and effect of law.  To be authorized by law requires both the statute and regulation.  Substantive regulations must have a comment period to comply with the Administrative Procedures Act of Congress in 5 U.S.C. § 551 et seq.

        There are three types of regulations, to wit:

1.      Substantive rules (regulations) that have the "force and effect of law."

2.      Procedural rules (interpretative regulations", which is only the agency's interpretation of the statute.  They are not mandatory for the Agency to move against you in almost every case without exception.

3.      Administrative rules (Administrative regulations) are for the internal operations of the Agency and are not required either to move against you in almost ever case without exception.

 

        One of the myths in the patriot community is that "implementing regulations" are required to have the force and effect of law and this is a substantive regulation.  Implementing regulations is a generic term that can describe any of the three types of regulations, so do not use this term!  You can validate this by searching on the terms "implementing regulations" or just read the cases under Harpole's Trial on my home page on Singleton denies Becraft's Rule 29 Motion and by the case in this post.

 

Core Problem of all Agencies

        These agencies believe that they do no need any type of regulation, let alone the substantive regulation!.

        The Supreme Court of the United States have very clearly stated that where the intent of Congress is explicit, the courts and agency must give effect to the mandate from Congress.  This is found in Chevron v. Natural Resources Defense Council, 467 U.S. 837, 842, 843 (1984) back up by 8 or so Supreme Court Cases - Attached.

        The Congress to the Court is found in 5 U.S.C. § 706!!!!!!

 

Situation 1.

        I have attached the two pages from the Appellee Brief for the USA acting for the IRS agents in the 9th.  The statement that is the core problem of the IRS today, that needs to be understood is the ONLY WAY TO ATTACH TO THE AGENCY is via substantive regulations, that is mandatory upon the Agency.  And if there is no regulation, a person can not be adversely affected!!!!!!  See 5 U.S.C. § 552 and Chrysler v. Brown, 441 U.S. 281.

        During 13 months of ligating against a very large Alaskan company, a very large National Bank and the IRS agents, they have never used the term "substantive rule" or "substantive regulation" EXCEPT ONCE ON THIS PAGE and they do a bait and switch to implementing regulations.

        The cases that the IRS uses are for "interpretative regulations" and I have attached only one case, being Granse quoting Engle.

 

Situation 2

        Judge Singleton made the statement is his ORDER on the Harpole case represented by Becraft that, to wit:

        The source of the cite is three deep in case law, and it concerns only interpretative regulations.  See Home page under Harpole trial on Singleton's ORDER for all of the cases and explanation.

 

Situation 3

Lde Crane got a DWI from the Wasilla Police that state in their policy manual that they are professionals at making citizen's arrest, which happens to be the truth.

        Crane sent a letter to the DMV to ask for the Administrative hearing under the APA in AS 44.62. et seq. and demanded a hearing.  They responded that there would be a telephone hearing and we responded back that we wanted an in person hearing, depositions, etc under the APA.

        Kerry Hennings' response letter attached is unbelievable as are the two letters by Singleton and Nolet of the DOJ.  She states that "Regulations are not required when statutes exist."  Is this an unbelivable statement by the head of DMV licensing in Anchorage.

        Under the APA 44.62.360 and AS 44.62.370, the accuser must have a statute and regulation as must the respondent.

        Then in the Regulation book on the internet used by the Dept of Law in Drafting regulations, it has the Alaska Statute AS 44.62.640 that defines requlation and states quite clearly that it is required in dealing with the public.  See http://www.law.state.ak.us/doclibrary/drafting_manual.html

        Pay particular attention to pages 1-5.

        AS 44.62.030 clearly states that the delegation of authority must e consistent with the statute.

        Alaska is fortunate in that the Alaska Statutes and Alaska Administrative Code (AAC) is on the Internet.

        Go to http://www.legis.state.ak.us/folhome.htm and you have the AS and AAC

s.

        Select the "The Current Alaska Statutes", then query, then type in 44.62.030 and you will get two hits and then his the two page book icon on the left.  The hit will be between red arrows.  Select the "next hit" icon to get to  44.62.030.  The source of the statute is not shown unfortunately.

 

        Go back out and select the Alaska Administrative Code type in say 44.62.640 that has the definition of "regulation."  You will get several hits.

        Alaska used this format for statutes XX.XX.XXX - so you can search for a particular regulation authorized by a particular statue such as 28.15 - leaving off the "." and last three numbers of the statute such as "015"

        Always go for the intent and definitions that have regulations and then proceed for your research

        You must identify the particular Agency and the code sections where this thing lives to see what it can and can not do!

       

Later, as I have a person that has been promised for over a week to finish the 9th circuit reply waiting in the wings - possible outside my door with rope and instructions for someone's hanging.

 United States Code Annotated Currentness
    Title 5.  Government Organization and Employees
     Part I. The Agencies Generally
     Chapter 5. Administrative Procedure
     Subchapter II. Administrative Procedure

ALASKA STATUTES
    Title 44. State Government.
    Chapter 62. Administrative Procedure Act.
    Article 1. Application and Effect.
    Sec. 44.62.030  Consistency between regulation and statute.

Request For Info Regarding Administrative Hearing

USA_(IRS)_9th_Brief_Redact
       

 ß  552. Public information;  agency rules, opinions, orders, records, and proceedings

Ralph