31 Jul

Constitutional Lawsuit

Allegory of Justice by Luca Giordano

A constitutional lawsuit is required to keep IRS employees from violating Brian and Kathleen Kenners’ 5th amendment right to due process.

At one time, it was political doctrine that a monarch was not subject to earthly authority, deriving his right to rule directly from God (a divine right of kings). This doctrine held that the king could not be subject to the will of the people. For Americans, the United States Constitution ended that unjust thinking and exists to prevent its return.  Established to guarantee the rights of the individual, the Constitution did not protect the government or the public writ large.  Yet, as if in the time of kings, federal employees believe (see allegations set forth in the constitutional lawsuit below), that so long as they act to benefit the government, the rule of law does not confine them. The statutes and common law challenged in the constitutional lawsuit, containing immunity loopholes for isolated intentional unlawful acts by federal employees, are complicit in that thinking.  Together, they have enabled a return to the divine right of kings.

We did not expect federal employees to act to our benefit.  Instead, we accept federal employees have acted, and must always act, to the benefit of the federal government, their employer.  Moreover, we accept that federal employees employer ostensibly represents the many (the public).  Nevertheless, federal employees go too far and intentionally violate the law using “the many” as justification.  This, if there is to be any limit to federal power, federal employees cannot do. The rule of law, deriving its legitimacy from the Constitution, must not be ignored when the benefit to government is weighed against the constitutional rights of individuals.  We demanded that a fair and impartial justice system balance our individual rights with the rights (and not the needs) of the many. By contrast, immunity for intentional violations of the law grants Defendant’s agents the power to personally decide justice’s balance. Injustice against us has been the result.

Federal employees have engaged in a “pattern of racketeering” (RICO) to confiscate our property during an “offer in compromise” negotiation with the IRS.  Federal employees do not possess personal immunity for a pattern of racketeering.  Nevertheless, the resulting KENNER RICO lawsuit consequently exposed a more substantial veiled benefit presently enjoyed by the federal government: federal employees’ freedom from personal consequence for isolated intentional violations of the law,s so long as they are committed for the benefit of the government.  To see this benefit, one must take together the dual facts that federal employees (1) have de-facto civil immunity from isolated intentional violations of the law, and (2), they see as “reasonable” violations the law when it is in the best interest of the government. The clauses and provisions establishing such immunity have always been explicit, but, heretofore, federal employee’s motivations have not.

We pursue the constitutional lawsuit to end this abuse of power by federal employees.

Complaint Filed

Appeal pending as of May 23, 2013.