It's the "and for other purposes" part of the title that has me worried - specifically Section 40304: "Revocation or denial of passport in case of certain unpaid taxes."
This section would give the IRS the power to keep a U.S. citizen from traveling -
- and it's another example of Executive Power run amok. It's another example of how the United States is turning into a police-state.
The right to travel freely is sacrosanct - it's not some privilege that the government bestows on us: It's one of our basic freedoms as citizens. In point of fact, the countries that have limited their citizens' ability to travel - the Soviet Union, the People's Republic of China, North Korea, Cuba - were all rightfully called "police-states": It's one of their defining characteristics - the fact that they were keeping their citizens hostage.
In the United States, there are several, clearly defined reasons why you would have your passport either denied or revoked - and all of them pass the smell test.
In the case of a passport being denied, according to the U.S. State Department, the reasons are:
Additionally, failure to pay a court-ordered child-support in excess of $5,000 can also be grounds for the State Department to refuse to issue a passport to a U.S. citizen."a federal warrant of arrest, a federal or state criminal court order, a condition of parole or probation forbidding departure from the United States (or the jurisdiction of the court), or a request for extradition [by a foreign country].
In the case of a passport being revoked, the law (22 CFR 51.72) says very clearly that:
Now, notice how both in the case of a denial or a revocation of a passport, the State Department is essentially carrying out the judgment of the courts.A passport may be revoked or restricted or limited where:
(a) The national would not be entitled to issuance of a new passport under ยง51.70 or ยง51.71 [the above conditions]; or
(b) The passport has been obtained illegally, by fraud, or has been fraudulently altered, or has been fraudulently misused, or has been issued in error; or
(c) The Department of State is notified that a certificate of naturalization issued to the applicant for or bearer of the passport has been canceled by a federal court.
[54 FR 8532, Mar. 1, 1989, as amended at 64 FR 19714, Apr. 22, 1999]
An arrest warrant can only be issued by a court. A parolee is, again, limited under the aegis of a judicial order. An extradition request will only be complied if a foreign court is making the request, not a foreign law enforcement agency. A court-ordered child support payment is, again, a judicial decision.
In all of these cases, the State Department is acting on the orders of a court. It is the Judiciary that decides to restrict the freedom of movement and travel of a U.S. citizen - as is their exclusive prerogative.
According to the Constitution, the Legislature does not have the right to judge the guilt or innocence of a person, be they a citizen or not. According to the Constitution, the Executive does not have the right to judge the guilt or innocence of a person, be they a citizen or not.
According to the Constitution's separation of powers, only the Judiciary has the right to determine guilt or innocence.
Thus, ultimately, only the Judiciary has the right to revoke or deny a citizen's ability to travel - and only for serious crimes.
But with this Bill 1813, it will now be the IRS - without any judicial oversight - which will determine if a citizen can travel or not. Not even the IRS as an institution - just some random IRS bureaucrat, with no oversight or restraint, will be able to decide to strip you of your right to travel freely.
As written, Bill 1813 states that the IRS must find that $50,000 or more is owed by the citizen - but this is a unilateral determination by the IRS, and it includes penalties and interest. So the alleged amount that you owe could be substantially less - but you are now no longer allowed to travel.
Notice I say "alleged": It is not that the IRS has to present proof of tax delinquency to anyone - they just have to say that you owe back taxes. No proof required, no judicial oversight or restraint.
In other words, the IRS's word is enough - and you do not have the possibility of appeal. Who would you appeal to - a judge? There's no judge in this case - because no judge supervises and monitors the IRS's decision.
That's why Madison invented the idea of checks-and-balances: To make sure that no one branch of the government acquired the power to deprive people of their life, liberty or property.
But here is Senate Bill 1813, doing precisely that.
Commentators on tax law are very surprised by this legislation. Over at the blog of R&G Brenner, a large and well-established New York tax preparation company, they wrote:
So even knowledgeable people are surprised by how extreme this legislation is -[I]f the bill is passed you could have your passport revoked merely because you owe say $60,000 and the IRS has filed a notice of lien. Bear in mind that the IRS files tax liens routinely when you owe taxes - it's just the IRS way of putting creditors on notice so the IRS will eventually get paid... In that sense, this you-can't-travel idea seems pretty extreme. [ellipsis in original]
- because it is extreme. But more importantly, it is yet another example of how the Executive Branch is hollowing out the Judiciary, and taking control of all facets of justice.
We already have an Executive that has taken it upon itself to determine the guilt or innocence of an American citizen overseas - and execute him by drone strike. We already have an Executive - in the person of Attorney General Eric Holder - who has made the incredible distinction between "judicial process" and "due process", claiming that the Executive can carry out due process without involving the Judiciary.
In other words, summary judgments. The Executive is becoming the judge, jury and executioner. Judgements by the Executive where there is no right to appeal. Judgments made not by a jury of your peers, but by a faceless bureaucrat.
This Senate bill 1813 will in all likelihood pass the House vote, and be signed into law by President Obama. Few people will notice it now, and when the history of this shameful period is written it will not be given much pride of place: Senate bill 1813 will simply be mentioned as one more law that was passed that turned the United States from a free Republic into a closed Police-State.
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. Obviously business owners that do international business need their passports to make money and pay taxes. 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. Next they will restrict travel between states for unpaid government backed mortgages or loans or other reasons. 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,