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Title: LWAN: US Navy defeated in Federal Court on SSN Requirement
Source:
LWAN
URL Source: http://www.cjmciver.org/cgi-bin/lwanread.cgi?2006-04-05
Published: Apr 4, 2006
Author: Neil McIver
Post Date: 2006-04-05 14:19:31 by Neil McIver
Keywords: SSN
Views: 92
Comments: 10
I've previously written of David Carmichael's legal efforts fighting the Navy over an illegal discharge 3 years shy of 20 years of service. David became convinced that continued use of an SSN violated Biblical prohibitions against identifying with a universal identifier, and he requested the Navy use a substitute identifying number as a religious accommodation. The Navy refused to even process his request. As a result, David was forced out of the Navy losing not only his paycheck but a full retirement pension he would have received had he completed his 20 year tour. David first filed civil suit pro se (by himself, without a lawyer) against the Navy in federal court. The judge clearly disdained Carmichael and his case and was about to summarily dismiss the case when David found well-known Constitutional attorney Herb Titus who took David’s case. None-the-less, David’s case was flippantly dismissed. Titus appealed Carmichael's case, and Carmichael won his first ruling that reversed the lower court decision and ordered the trial judge to hear the case. See Carmichael v. United States, 298 F.3d 1367 (Aug 2002). Important Declarations were made in the ruling that Executive Order 9397 did not “mandate” federal agencies to use the SSN as the sole record keeping number. The trial judge reopened and heard the case. David reported that the judge, remarkably, gave the Navy strong hints that they should settle the case out of court. The Navy refused to entertain Carmichael’s settlement proposals and eventually ended up with a strong judgment against them for both back-pay and retirement. 66 Fed. Cl. 155 (2005). Unfortunately, David can't cash the check because he cannot find a bank to open a bank account for him without an SSN. He did however get a bank president to admit that they could fulfill their “Customer Identification Procedures” without David having a national identification card (Driver’s license) except for the new U.S. Treasury regulation that prohibits all banking services to those who will not identify themselves with an SSN. Undaunted and uncompromising David is now preparing legal action against a bank as yet unnamed. David is a man of substantial christian faith and he gives full credit to God for successfully bringing him through these trials. David has authored a book which I've read and recommend, called "Faith-The Final Frontier." This is David's story, or part of it as it's not over yet. It is not about his fight with the Navy, as there is only passing mention of his discharge. It's a book about how he has trusted God in a variety of serious circumstances, being led to do things "crazy" to any average person, as well as the follow-up miracles that landed him on his feet. Many of such miracles are finance related, as they took place after his forced discharge from the Navy when money was very scarce but with him still having a family to raise. Yet in spite of the miracles, David does not relate a life of easy trust in God. Far from cavalier, his story is one relating his own shortcomings and failures to do the right thing. Often his dedicated wife enters the scene who arguably has the more difficult task of trusting David, the imperfect man, when David tells her what crazy thing God told him to do, whereas David gets to trust a perfect God. It's the story of a "free-lance human being," David's moniker in describing a life generally free of obligations to earthly institutions (one this reviewer can relate to, actually). David relates his financial struggles within his book and though he's not related his present financial standing to me, anyone willing to support David out of respect for his efforts may consider buying his book. I was not asked to do this promotion am in no way being compensated for it. Please see http://www.faithfrontier.com for book information. David is also the principal behind the American Christian Liberty Society (http://www.christianliberty.org) which is an organization formed for fighting the widespread use/requirement of the Social Security Number. ACLS is currently supporting a case that is before the Idaho Supreme Court, Larry Lewis v. Idaho Dept. of Trans. David anticipates that the Idaho case will be a ‘first win’ of a number of wins that will reverse previous court rulings against those who cannot identify themselves with a SSN by reason of their religious convictions. If David is asked, he would much rather people send money to support ACLS because he more than likely will send a book to you without cost if you ask him for one. Right now, most of the money given to support the work of ACLS has come out of David’s and Herb’s personal sacrifice. Funds are needed to provide for travel and other expenses for Herb Titus and a Idaho lawyer who is sponsoring Herb in the Idaho Court. Oral argument will be in Boise, Idaho, on May 9, 2006. (ACLS funds are completely separate from David's book finances). Neil McIver
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#1. To: Neil McIver (#0)
Interesting. Wells fargo and other traitorous banks will allow illegal aliens without SS cards to open accounts. WF was one of the 1st. I remember because I almost blew an artery when I heard it on the news. It's all about control, tracking and the Internal Robbery Gestapo. "If not now, when?" --Patrick Henry
Unfortunately, David can't cash the check because he cannot find a bank to open a bank account for him without an SSN.
#2. To: Neil McIver, David Alan Carmichael (#0)
I purchased David's book today. I admire his tenacity.
A nation blind to their disgrace...
#3. To: Neil McIver (#0)
Mark Of The Beast Is Your Social Security Card The Mark Of The Beast? http://www.wealth 4freedom.com/Mark_of_the_beast/toc.htm The TRUTH About SOCIAL SECURITY http://www.usa-the- republic.com/revenue/true_history/Chap7.html THE SOCIAL SECURITY NUMBER http://www.apfn.org/apfn/ssn.htm Queen Elizabeth Controls and Has Amended Social Security David became convinced that continued use of an SSN violated Biblical prohibitions against identifying with a universal identifier, and he requested the Navy use a substitute identifying number as a religious accommodation.
#4. To: christine, Neil McIver, Diana (#2)
I think I'll order one today. I like his faith and his sense of HOPE. I was reading Chapter 17 of Mark of the Beast, above, and Employ vs. Enslave [ http://www.hisholychurch.net/study/gods/eve.htm ], and many other articles on this subject, while I believe the authors have a lot of important things to say, I was ready to jump [or take up arms to clean House], afterward! The scriptures are to be taken as an example, it is true, but I kept thinking, those words of doom were meant mostly for the OT people who not only rejected His word, but fancied that they were actually doing His will in their evil ways, and took pleasure in it. Those same people have followed and hounded us for years, and through much cunning, brought us into bondage in thought, word, and deed, it is true. Yet, I feel He looks differently on us who know we are not saved by the law, and by ourselves, but by our faith in Jesus Christ. This is not to say we should not strive to be perfect like Him, but we know that when we fail, we have an advocate in Jesus. I like how Carmichael put it: "...I did not understand as a new believer that it is not the balance of my sin versus my abstinence of it that qualifies me. It is only on the basis of the relationship that He established with me. Let’s admit it, “If we say that we have no sin, we deceive ourselves and the truth is not in us.” “But if we confess our sin, He is faithful and just to forgive our sin, and cleanse us from all unrighteousness.” Sin does not suspend our license to walk with Christ: It certainly brings injury when we stumble; it embarrasses those around us who see our stumbling; we have pain and grief until we recover from the injury of our error; somebody who watches us fall may be rightfully hesitant to pass us the baton to join them in the race they are running; but we do not lose our status. What is critical for us do, is to readily admit our sin, confess it and allow God to cleanse us from it. Then, just as we received Him, walk in Him. Our God wants us to be over-comers. He wants to show His glory through us, His apparently imperfect but favored children...." http://faithfrontier.com/faithsam p.html The root of persecution of God's people for the last 2,000 years is those who rejected God, and whom He rejected: Isaiah 65:15, no matter what mask(s) they have put on, in order to deceive. I have no doubt that America is the promised land for Christians [Ezekiel 34/John 10], that we have been in bondage for nearly 400 years, and that God will have the last say in this matter: Rev. 3:9. Our persecutors can be a part of the blessing when they repent and accept Jesus [Matthew 23; Luke 15.].
I purchased David's book today. I admire his tenacity.
#5. To: AllTheKings'HorsesWontDoIt (#4)
The mind once expanded by a new idea never returns to its' original size
#6. To: Itisa1mosttoolate (#4)
[my computer is getting hung up] Yes, that is one of the things that kept me up last night spitting and fuming: "....PART III NEW FEDERAL FUNDING CONTINGENT REQUIREMENTS 1. What new requirements were imposed by the recently enacted federal laws? Answer: Several. [see below] Although, the U.S. Supreme Court ruled in "Printz" that the federal government may not "compel" states to enforce federal regulatory programs, Congress has nevertheless recently engaged in a practice of "strong-arming" the states by threatening to withhold federal funding if the they do not conform to federal funding guidelines. Examples of the federal strong-arm tactics are widespread. Public Law 104-193 ("The Contract With America, Welfare Reform Act"): Title 42 U.S. Code, section 666 entitled " Child Support and Establishment of Paternity" is a prime example of federal "enticement" legislation. This section of federal law was amended by Public Law 104-193, "The Welfare Reform Act of 1996," and further amended by the "Balanced Budget Act of 1997," (H.R.2015) so as to now read as follows: "42 U.S. Code Section 666. "(a) In order to satisfy section 654(20)(A) [the funding contingentrequirements] of this title, each State must have in effect laws requiring the use of the following procedures...: "(13) Procedures requiring that the social security number of- "(A) any applicant for a professional license, driver's license, occupational license, or marriage license be recorded on the application..." The above section appears to impose a requirement upon the states to obtain SSNs from applicants for, among other things, driver's licenses. But, remember that this is a "funding contingent" requirement. And remember also that the Privacy Act regulates the uses that may be made of SSNs by local and state agencies. Another clause within 42 U.S. Code section 666(a) (as most recently amended by the Balanced Budget Act of 1997) requires that states must have in place: "(16) Procedures under which the State has (and uses in appropriate cases) authority to withhold or suspend, or to restrict the use of driver's licenses, professional and occupational licenses, and recreational licenses of individuals owing overdue support or failing... to comply with subpoenas or warrants relating to paternity or child support proceedings." In order to locate individuals and suspend their licenses, states will typically "key" on social security numbers (since Child Support Enforcement agencies use SSNs in the administration of their payment program). Section 666 also requires that states must have provisions in place which allow the state's Child Support Enforcement Agency to attach an individual's financial holdings. This also is accomplished using an individual's social security number. Even private utilities such as, electric, cable television, and phone service providers must make customer records and information available to each state's Child Support Enforcement agency. This information will be accessed using a customer's SSN if they have one on file. Public Law 104-193 also established the "New Hires Directory" – yet another imposition upon the states as a condition to receiving federal funding. Under the New Hires program states must establish and maintain a database directory known as the "State Directory of New Hires." Each state must enact laws requiring every employer to report each newly hired employee - along with their social security number - to the state's New Hires Directory. Public Law 104-208 (Immigration Reform Act): Another law passed in 1996, Public Law 104-208, imposes an unprecedented "threat" to the states regarding driver's licenses. Section 656 provides that after October 1, 2000, federal agencies may not accept for any identification- related purpose a driver's license issued by a state unless the license contains a social security account number that can be read visually or by electronic means. The only exception for this requirement is if the State does not require the license or document to contain a social security account number but requires that: "every applicant for a driver's license, or identification document, must submit their social security account number; and an agency of the state verifies the number withthe Social Security Administration." Due to strong public objections, as part of the 1999 budget legislation Congress placed a one-year moratorium on implementation of this provision. Public Law 104-208 included several new enactments intended to crackdown on illegal immigration and unlawful employment of illegal immigrants. PL104- 208 established what's known as the "Employment Eligibility Confirmation System". And, the law provided for the establishment of the "Machine Readable Document" pilot program as part of the Employment Eligibility Confirmation System. The Machine Readable Document pilot program requires that the documents used to confirmemployment eligibility must be machine-readable and must contain the individual's social security number. Only a few States are presently participating in this pilot program. Conclusion Regarding New Federal Funding Requirements for SSNs: State requirements for SSNs - based on funding contingent federal enactments - are very new. States may take the position that they are not bound by the Privacy Act prohibitions regarding the use of social security numbers because, they will argue: "federal law requires" or "authorizes" them to obtain social security numbers. However, none of the above cited sections of recently enacted federal law constitute "authority" for the states to demand social security numbers. Court challenges will likely be necessary in order to settle the matter regarding these relatively new types of federally implemented "coercion" laws. PART IV ADDENDUM - WHO NEEDS A SOCIAL SECURITY NUMBER Assignment of Social Security Numbers: The section of federal law that addresses issuance and assignment of social security numbers is found at Title 42 U.S. Code, Section 405(c)(B)(i), (Pub. Law 92-603, 86 Stat. 1329, Section 137 of the Social Security Amendments of 1972). Here, it states that the Commissioner of Social Security is to take affirmative measures to assure that social security account numbers will, "to the maximum extent practicable," be assigned to all members of the appropriate groups or categories ofindividuals who m ay be assigned numbers. The law provides that the "appropriate" classes of individual to whom the Commissioner may assign social security numbers are: aliens; individuals who want to receive federal benefits; (including children who fall into either of those two classes); and the children of members of either of those two classes. Code of Federal Regulations 301.6109-1 "(d) Obtaining a taxpayer identifying number- "(1) Social security number."Any individual required to furnish a social security number pursuant to paragraph (b) of this section shall apply for one, if he has not done so previously, on Form SS-5... Individuals who are ineligible for or do not wish to participate in the benefits of the social security program shall nevertheless obtain a social security number if they are required to furnish such a number pursuant to paragraph (b) of this section. "(2) Employer identification number- [snip] "(3) IRS individual taxpayer identification number- "(i) Definition. "The term IRS individual taxpayer identification number means a taxpayer identifying number issued to an alien individual by the Internal Revenue Service, upon application, for use in connection with filing requirements under this title. The term IRS individual taxpayer identification number does not refer to a social security number..." "(iii)An applicant for an IRS individual taxpayer identification number must submit such documentary evidence as the Internal Revenue Service may prescribe in order to establish alien status and identity." Note that individual "Taxpayer Identification Numbers, TINs" may only be issued to "alien individuals" who may not be issued a social security number as you will see below. The application for a "TIN," the W-7, plainly states on the face and in the instructions that only "aliens" may apply for a TIN. If you apply for a social security number for yourself or for your child, you must either file under the "alien" status, or otherwise it is assumed that you are, or expect to be, a recipient of some federal benefit. In fact, if a person not qualified to receive a social security number and nevertheless applies for one, they may in violation of Title 42 U.S. Code Section 408 for falsely claiming eligibility, or Title 18 U.S. Code, section 1028 for misuse of government documents. Federal Requirements for Social Security Numbers:Applicants for public benefits must have and use a social security number in order to receive the benefit. Title 42 U.S. Code, Section 405(c)(F) states: "(F) The Commissioner of Social Security shall require, as a condition for receipt of benefits under this subchapter, that an individual furnish satisfactory proof of a social security account number assigned to such individual by the Commissioner of Social Security or, in the case of an individual to whom no such number has been assigned, that such individual make proper application for assignment of such a number." Courts have ruled that in order to receive government benefits from any federally funded benefit program - even if the funds are State administered - a person must use a social security number when applying. In the case of "PEISTER v. STATE of Colorado, DEPARTMENT OF SOCIAL SERVICES," Peister objected, based on freedom of religion grounds, to using a social security number in order to get Colorado's Old Age Pension benefits. The court ruled that a person must use their social security number in order to receive benefits under the State's Old Age Pension Benefits Program. Treaties and Social Security A reference to social security is included in the United Nation's "UNIVERSAL DECLARATION OF HUMAN RIGHTS" treaty. Article 22 of the treaty declares that: "Everyone, as a member of society, has the right to social security and is entitled to realization, through national effort and international co-operation and in accordance with the organization and resources of each State, of the economic, social and cultural rights indispensable for his dignity and the free development of his personality." Another treaty, the UN's "INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS," Article 24 states: "2. Every child shall be registered immediately after birth and shall have a name." Social Security is Global As a consequence of various international treaties, every industrialized nation has instituted a national "social security" program. Under the GATT agreements, every signatory country is required to "register" (number) all child at birth. Presently, over 170 countries currently have a social security system in place. The list includes every major country in the world. In terms of population, the world's 10 largest countries which have a social security system are: 1. China 1,210,000,000 2. India 968,000,000 3. United States 268,000,000 4. Indonesia 210,000,000 5. Brazil 165,000,000 6. Russia 148,000,000 7. Pakistan 132,000,000 8. Japan 126,000,000 9. Bangladesh 125,000,000 10. Nigeria 107,000,000 Followed by the next 15 largest countries: Germany, Mexico, Italy, France, Philippines, Turkey, Thailand, Egypt, Spain, South Korea, Poland, Iran, Burma, El Salvador, and Ethiopia, each with a population of between 30 and 80 million people....." THE SOCIAL SECURITY NUMBER http://www.apfn.org/apfn/ssn.htm So why is it Mexicans, whose native country is a signatory to the global social insecurity system, do not have to use social security numbers to open bank accounts in the country they have invaded - the US? Wouldn't the "Child Welfare" Gestapo like to attach their bank accounts to fund any bastard children Americans are picking up the tab for through increased medical premiums and costs, schools, food stamps, etc? Or because the illegals are in effect the goobermints fifth column, do Americans foot the bill for them all under the heading "Quartering Troops". I am getting tired of working around this stationary blob on my screen. And SATAN stood up against Israel and provoked David to number Israel. I Chron. 21:1 [See Israel of God at http://antichristconspiracy.com]. "Mr. Rothschild's Energy Discovery: What Mr Rothschild had discovered was the BASIC PRINCIPLE OF POWER, INFLUENCE, AND CONTROL OVER PEOPLE as applied to economics. That principle is 'WHEN YOU ASSUME THE APPEARANCE OF POWER, PEOPLE SOON GIVE IT TO YOU." - SILENT WEAPONS FOR QUIET WARS. We ought to give it them all right, right over their pointy heads, and they can stick their numbers where the sun don't shine. WE are not cattle, in spite of what their Satanic Talmud teaches!!! Involving us in three world wars in the last hundred years alone. We don't owe those scum buckets s&&t - THEY OWE US!!!!
#5 SSN and 666
#7. To: AllTheKings'HorsesWontDoIt (#6)
awesome post! btw, what's the "blob on your screen" you're working around?
A nation blind to their disgrace...
#8. To: All (#3)
Queen Elizabeth Controls and Has Amended Social Security JEWISH INROADS INTO BRITISH ROYALTY UP TO THE YEAR 1937. It has long been one of the Jewish methods in the attainment of world domination to penetrate into ... http://www.biblebelievers.org .au/jewish.htm - 28k - **** US ELITE ARE SLAVES OF THE ROYAL SCHEME ... It is an old custom of the American Pilgrims to extend this honor to every newly-appointed British Ambassador, ... http://www.cephas- library.com/nwo/nwo_us_elite_are_slaves_of_the_royal_scheme.html Read closely re George Washington. Ezekiel 17:1-10; Matthew 15:13. This treachery goes back to our founding, right through to the present. The Virginia colony was afflicted by the Plymouth colony from the beginning. When the Plymouth colony ceded its charter back to the crown because the Virginia Colony was trying to rout them up as was their right under THEIR charter, the Plymouth Colony gave themselves away by referring to the Virginia Colony as "THOSE CROSSES", a despicable term the Jews use towards Christians. The Thirteenth Tribe, Identified them with the hosts of Gog and Magog. 22, German word Ketzer is our word for Khazar ... Is The Jews' "Chosen People" Masquerade Finally Over? ...
#9. To: christine (#7)
Well, what do you call that rectangular box that comes up when you right-click in order to copy and paste? The empty box is still there. One frustration after another.
what's the "blob on your screen" you're working around?
#10. To: All (#8)
More on the cursed "kings and rulers of the earth" - Psalm 2. http://www.familyfo rest.com/Kerry_Bush_Ancestors.html http://www.familyfore st.com/Kerry_Bush_Cousins.html http://asis.com/~stag/uspres.html [Notice how they and the Rothschilds are related to Nero, the ORIGINAL "antiChrist" http://www.preteristarchive.com/PartialPreterism/gentry- ken_pp_02.html (The Beast of Revelation Identified)] David Carmichael has the right idea: Micah 4:13.
Queen Elizabeth Controls and Has Amended Social Security
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