The Reign of Tyranny is about to come to an end

For way too long, the American people, we the people have been far too passive in reigning in the growth of huge centralized governments from the federal clear to the local level of government.  Governments have ceased to be responsible to the people they were originally meant to serve as public servants.  Hence, there should be no surprise that the people this nation have woken up to the reign of tyranny.

As Patrick Henry stated long ago, "give me liberty or give me death". 

My choice right  now, today is give me my liberty.  And in that regard the tyranny I am personally having to endure by the horrible Kansas Court of Tax Appeals died today.  I am going to be filing shortly both a petition for a writ of mandamus and quo warranto to have this court declared unconstitutional.  It is only when a despot creates their very own court, regardless of the judicial and legislative branch of the government can a despot reign.  So, the first step to killing the tyranny, is get the rid of the court owned and controlled by the despot.

I called Governor Parkinson yesterday. He refuses to communicate despite alleging to represent me and you.  This is the hallmark of a coward.  Mark Parkinson is a coward.  He does not deserve to be a despot or the Governor of Kansas.  Effectively, I have therefore constructively exhausted administrative measures with the Govnenor of Kansas.  This gives me standing here in Florida to sue the Governor of Kansas and his horrible fusion government in a federal court of law.

I have all the necessary factors required to challenge this unconstitutional court, the Kansas Court of Tax Appeals based  on Art. III of the United States Constitution.  By its order, this horrible court notes in does not have the ability or capacity to have a jury trial decide questions of fact. So on that issue alone, this court is unconstitutional.  On several founding principals we founded this nation and the state of Kansas.  The ursurpation of Kansans to have an involiate right to jury trial is merely another sign of tyranny.  And thank God almighty, the tyranny died today. 

Thanks for waking up America. We still have a long way to go.  But we have made the start.  We have risen from the dead and merely remembered we are in charge-not them.  These public servants, these corrupt political yahoos have once again by their ineptitude, awoke a sleeping giant, we the people of the United States in order to form a more perfect union . . . have a duty when any branch of the government fails to fix it.  And fix it, we will. So help us God. 

The tyranny buster, your  better candidate for United States Congress, signed and dated this the 10th day of March, 2010.

tdus

Update on Kansas's Horrible Fusion Government: Rotten at COTA

Well, it was showtime.  Oral argument with the horrible and abominable Kansas Court of Tax Appeals yesterday.  Now, a "fusion government" is one where there is a breech, or alternatively a bridge to nowhere crossing over the the bright line test of a common tradition of having separation of the normal and typical three branches of government. 

Remember, the wisdom of keeping them separate.  Well, in Kansas, forget those simple fundamental concepts.  And who do we thank for this abomination of governance?  Our old friend, Kate Sebelius.  As well as Senator Tim Owens.

Naturally, Chief Justice Larkin was overly impressed with my brief challenging this alleged court of law as being unconstitutional.  Which it is.  Thank Senator Tim Owens for his horrible ideas creating a bridge to nowhere that breeches the seperation of powers including a simple thing called checks and balances.  Singlehandly, Owens decides to introduce a horrible piece of legislation called Substitute for H.B. 2018.  This piece of crap created in Kansas (naturally), a fusion type of government. 

Now what makes this unconstitutional and a horrible idea, is that this is not a court of law under the judicial branch.  Oh no!  That would have been too simple.

Further, had this been under the judicial branch, like it should have been, the GOV of Kansas could not be like a tyrannical despot.  This alleged court of law naturally comes under the direction of the chief executive officer of Kansas--our Governor.  So, great thinking.  Now, the GOV of Kansas has their very own court of law.  Creating a crossover bridge of that bright line called the separation of the three branches of government. 

The only rational reason for this must be the GOV of KS at the time, Sebelius wanted to attain the status of queen of Kansas and be a despicable tyrant.  By creating and having her own court, she could on a whim, control real estate property tax receipts. How convenient for her and how horrible for we, the people of Kansas.

This was also a great deal for the Kansas legislators whom do not want do what is required and actually fund state expenditures.  The legislators of Kansas are more focused on getting re-elected than they are in funding the expenditures as required of them by the Kansas Constitution.  Cowards.   

So instead of fulfilling their constitutional duties, our state legislators are dumping their responsibity to all 105 county governments.  So the county governments are forced by abandonment to scheme.  And their strategy, jack up property taxes using a real estate comparables nonsense inflating all of our real estate property taxes, way beyond any rational or irrational belief. 

This allows the state of Kansas to get your and my money.  That way, Kansas legislators can proclaim at election time, "hey, don't blame us-the counties raised your taxes, we did not.  We here in the Kansas legislature are too smart to do that."  Which reminds me of something important.  The difference between a yahoo politician as compared to being a stateman like Mr. Scherer. 

Moreover, this kind of an abomination scheme of creating a fusion government is something only an evil democrat that hates our Kansas Constitution could scheme up. Clearly, Kate hates both the United States and Kansas Constitution.

Further, to make this case even more interesting, I demanded a jury trial on facts. Like that is going to happen.  Which is the way it should be, if you like our Kansas Constitution and our corresponding Bill of Rights.  Obviously, Sebelius does not.  Good thing she got her Oz out of Kansas. Nor does Justice Larkin like juries. The havoc Kate left behind is now a fading memory of Kansas history.  And all we have to do is fix it.  So I will. 

More than likely, the only place I am going to get a fair and impartial judge on this, will be a docketing with the United States Supreme Court.  And with no insult meant, they are finally judges not on the payroll of the state of Kansas. However, out of respect we just call them justices instead. The United States Supreme Court justices are not going to care one iota about Kansas's crazy creation of a fusion government to rob the citizens of the state.  Instead, the United States Supreme Court justices should find a court of law under the executive to be a horrible idea.  Why?  Because it is.   

So, sooner or later, hopefully we will  go there soon enough.  So we can see if the United States Supreme Court justices will give us Kansans some justice by demolishing this bridge to nowhere-a fusion form of goverance-a/k/a an abomination. In closing, doing more than giving you, the voter rhetoric.  Earning your vote, one by one.

So help me God. 

tdus

Wow, what a huge brief!

Bummer.  My experiment related to publishing a memorandum brief in real time is getting pretty lengthy.  Further, it is not keeping its formatting. So, I am going to have to do some deletion.  Stand by. 

Regardless, this COTA remains a horrible thing.  I guess I will go back to regular blogging.  However, the potential to publish a party's memorandum brief is very cool going forward.

tdus

Draft memorandum brief related to insane Kansas real estate tax appraisals (scam of JOCO KS)

Wednesday, Feb. 10. 2 days to go before the teleconference hearing with this unconstitutional Kansas Court of Tax Appeals.  NOTE: Due to length of this huge brief, I edited some of it on Feb. 12, 2010.  Why?  Because I can.  tdus.

Since this is an important case that impacts all homeowners of residential property in Kansas, I just figured I would publish it in real time so you, a citizen of Kansas can participate in this process also. This is a draft version being prepared for a jury trial case currently docketed for April 30, 2010. This brief must be done 30 days prior to that date.

 By effect and affect, this case more than likely, will finally be presented to the United States Supreme Court. This is the only place , where I can finally get impartial justices that are indifferent to the tax methods of the State of Kansas legislature; or alternatively, dumped on the 105 county governments, instruments of the state of Kansas.

Further, it is my hope this case will ultimately also help the citizens of around 47 other states that use this insane real estate comparables nonsense to take our money from us, devoid of fact or reality from us, we the people; without the guaranteed benefit of a jury trial.

Until such time as we restore the balance of power back to we, the people of Kansas, the state legislature of Kansas, through these various country governments will merely continue to raise our taxes until the state has all our money.

tdus

BEFORE THE COURT OF TAX APPEALS

STATE OF KANSAS

_____________________

IN THE MATTER OF THE                        DOCKET NO. 2009-8036-EQ
EQUALIZATION APPEAL OF
SCHERER, THOMAS E. FOR
THE YEAR 2009 IN
JOHNSON COUNTY, KANSAS

MEMORANDUM BRIEF OF THOMAS E. SCHERER

Per the STATUS CONFERENCE RESULTS & SCHEDULING ORDER at pg. 2, Item No. 4, (Nov. 13, 2009), Mr. Scherer hereby submits this prehearing brief.

Questions presented:

Question 1: Does the Kansas Constitution state clearly, the right to a jury trial is inviolate?
    Legal Analysis: Absolutely.
Question 2: Is this new court, the Kansas Court of Tax Appeals prepared to conduct a jury trial?
    Legal Analysis: Absolutely not.
Question 3: Is the Substitute for H.B. 2018 (2008) constitutional?
    Legal Analysis: Absolutely not.
Question 4: Can an attorney merely ignore the Kansas statutes and do whatever she wants pertaining to an entry of appearance despite the requirements of K.S.A. § 60-205?
    Legal Analysis: Absolutely not.
Question 5: Did the Johnson County Appraiser err, willfully, and intentionally, in determining the fair market value and residential property tax of Mr. Scherer's property?
    Legal Analysis: Absolutely.
Question 6: Does the various counties in the state of Kansas afford and tax residential property owners fairly and by applying equal protection of the law related to residential property taxes?
    Legal Analysis: Absolutely not.
Question 7: What are the odds of Mr. Scherer prevailing on Questions 1-6 above?
    Legal Analysis: 100% with a margin of error of zero.

Argument Introduction:

The Substitute for H.B. 2018 (2008) amending various Kansas statutes including the creation of this Kansas Court of Tax Appeals does not meet the constitutional requirements. Therefore, this Substitute is unconstitutional based on both the United States and Kansas Constitution and their respective Bill of Rights.

Furthermore, this Substitute for H.B. 2018 infringes on Mr. Scherer's guaranteed Constitutional rights broadly including Mr. Scherer's inviolate right to a jury trial on claims of equity as guaranteed by both the United States and Kansas Constitution.

Finally, the real estate tax appraisal by the Johnson County appraiser of Mr. Scherer's residential property is not even close to the fair market value as defined by Kansas statutes.

Conclusion of Argument: Mr. Scherer should be declared to be the prevailing party in this appeal including a correct assessment of his residential property based on Kansas's statutory requirements. Mr. Scherer's prayer for relief and remedy should be granted.

1. If this Substitute for H.B. 2018 is unconstitutional, then any subsequent order or decision by this court is moot and has no effect in law or fact……………………………………
2. The appraisal of Mr. Scherer residential property by the Johnson County Appraiser is in error and not reflective of the fair market value of Mr. Scherer's residential property………………………………………………………………………………
3. Mr. Scherer has met the requirements and demanded his constitutional right to a jury trial to determine questions of fact. That demand is not contested.

Table of Authorities

United States and Kansas Constitution and their respective Bill of Rights

United States Constitution, Art. I Section 2 "apportionment of taxes by the several states"………….
United States Constitution, Bill of Rights 5^th Amendment due process clause…………………………
United States Constitution, Bill of Rights, 7^th Amendment right to a jury trial in claims of equity……..
United States Constitution, Bill of Rights, 10^th Amendment, sovereignty of the several states……………
United States Constitution, Bill of Rights 14^th Amendment, equal protection of the law clause………..
Constitution of the State of Kansas, Art. 2-Legislative, Legislative Powers……………………………
Constitution of the State of Kansas, Art. 11, Finance and Taxation, 1. System of taxation, (4) Revenue for current expenses: "The legislature (not the county governments as instruments of the state) shall provide, at each regular session, for raising sufficient revenue, to defray the current expenses for the state for two years."

Kansas Bill of Rights, 1. Equal Rights are a good thing, except in Kansas not so much, per horrible Senator Tim Owens.

Kansas Bill of Rights, 5.
Right to a jury trial . . . "the right to a jury trial is inviolate"………………..
Kansas Bill of Rights, it is the function of the legislative body to ensure funding………………..

Kansas Statutes and Bills Relied Upon

Substitute for House Bill 2018 (2008), amending various Kansas statutes……………………….
K.S.A. § 60-205 Mandatory requirements for service of pleadings
K.S.A. § Fair Market value

 

Relevant Other Citations of Authority

Fisher, Glenn, "History of Property Taxes in the United States" , Glenn W. Fisher,Wichita State University (Professor Emeritus), @t http://eh.net/encyclopedia/article/fisher.property.tax.history.us (September 30, 2002). (accessed Feb. 3, 2010).

Fisher, Glenn, "The Worst Tax? A History of the Property Tax in America" Studies in Government and Public Policy by Glenn W. Fisher,Wichita State University (Professor Emeritus), Regents Professor of Urban Affairs, Emeritus, at Wichita State University (KS) (excerpt from
Taxes and Politics: A Study of Illinois Public Finance and the Kansas Property Tax: A Citizens Guide @ http://www.kansaspress.ku.edu/fiswor.html. er 30, 2002). (Last accessed Feb. 3, 2010).


Federer, William J., The Interesting History of Income Tax, Amerisearch Inc. (Publisher, Copyrighted 2004). (Permission to use his book as a reference was obtained by Mr. Federer Jan. 23, 2010 at Edison College, Ft. Myers, FL, Lee County Florida GOP convention).


Statement of Facts

1. 
   
   Stipulated facts agreed to by both parties:
   1. Mr. Scherer was the residential property owner of the real estate property located at 7916 West 60^th St., Merriam (Johnson County), Kansas.
   2. The legal description of that property is as follows:
   3. Mr. Scherer is a filed candidate for United States Congress, 3^rd Congressional District for the election of 2010 with the Federal Election Commission.
   4. Mr. Scherer is a 100% disabled veteran, both honorably discharged and service decorated; based on both the standards of the Veterans Administration and the Social Security Administration.
   5. 
      
      The Kansas Bill of Rights, 5 provides that the right to a jury trial clearly states on its face the following:
   "The right to a jury trial is inviolate."
   
   
   
   
   

   6. Johnson County, Kansas is one of 105 county governments in Kansas.
   7. The county government is merely an instrument of the state of Kansas.

   Facts asserted and to be decided by a jury demand (Exhibits in support of facts alleged are marked where relevant, in each fact asserted in bold letters:

1. Mr. Scherer's fair market value of his residential property was $82,984.

2. The Johnson County Appraiser's assessment stating the fair market value of that residential property was $97, 400 is wrong.

Summary of Argument

Argument Introduction (restated):
The Substitute for H.B. 2018 (2008) amending various Kansas statutes including the creation of this Kansas Court of Tax Appeals does not meet the constitutional requirements. Therefore, this Substitute is unconstitutional based on both the United States and Kansas Constitution and their respective Bill of Rights.

Furthermore, this Substitute for H.B. 2018 infringes on Mr. Scherer's guaranteed Constitutional rights broadly including Mr. Scherer's inviolate right to a jury trial on claims of equity as guaranteed by both the United States and Kansas Constitution.

Finally, the real estate tax appraisal by the Johnson County appraiser of Mr. Scherer's residential property is not even close to the fair market value as defined by Kansas statutes.

Conclusion of Argument: Mr. Scherer should be declared to be the prevailing party in this appeal including a correct assessment of his residential property based on Kansas's statutory requirements. Mr. Scherer's prayer for relief and remedy should be granted.

REQUESTED RELIEF AND REMEDY

1. Mr. Scherer requests this court to declare itself and the Substitute for H.B. 2018(2009) as unconstitutional.
2. Mr. Scherer requests this court to concur with Mr. Scherer's legal analysis as stated herein.
3. Mr. Scherer requests this court to award Mr. Scherer costs incurred in appealing this ridiculous tax appraisal of his real estate property and find that this comparables nonsense is absurd.
4. Mr. Scherer requests this court to grant this prayer for relief and remedy.
5. In the alternative, Mr. Scherer requests that if this new court does not concur with the analysis herein, and determines this case should be either remanded or sent to the court the United States Constitution states explicating as having original jurisdiction, then this court should do that and not require Mr. Scherer to do so.

_________________________
Thomas E. Scherer, Pro Se and as the Applicant
Candidate, United States Congress
3^rd Congressional District
8000 Via Sardinia Way, Unit 5202,
Estero, Florida, 33928