Reisman's Comments Against Proposed IRS "Guidance for Tax-Exempt Social Welfare Organizations on Candidate-Related Political Activities"

On February 26 and 27, I posted the following comments on the website www.regulations.gov. They concerned the proposed regulation IR-2013-92, which is described as “Guidance for Tax-Exempt Social Welfare Organizations on Candidate-Related Political Activities.”

Any and all government “guidance” with respect to political activities are ipso facto violations of the freedoms of speech and press, which freedoms are explicitly protected by the US Constitution. It is immoral, unconstitutional, and outrageous for the government to attempt to “guide” [i.e., control] any of its citizens’ political activities. Therefore, the IRS’s proposed rule for “Tax Exempt Social Welfare Organizations on Candidate-Related Political Activities” known as “Regulation IR-2013-92″ should be withdrawn at once.

The very existence of the IRS is incompatible with the foundations of the United States as originally conceived, which is why its existence was unconstitutional prior to the enactment of the 16th Amendment. That amendment and the consequent creation of the IRS has changed the character of our country from one inhabited by free and self-confident citizens who could look to their government for protection against thieves and bandits into one made up of frightened cowards, who must live in fear of their government that more and more resembles a gang of bandits.

This proposed rule seeks to reduce the influence of money on the outcome of elections for public office, even though the money is used merely for the purpose of spreading ideas and arguments concerning political candidates and their qualifications for office based on the soundness, or lack of soundness, of their ideas and programs. The only possible way for the IRS, or any government agency or organ, to accomplish the objective of this rule is by means of threatening the imposition of fines for its violation, the payment of which fines is compelled by the threat of imprisonment.

Thus to reduce the influence of money on the outcome of elections, the IRS is proposing to replace it with the influence of THE THREAT OF GOVERNMENT FORCE. Threatening such force is a blatant violation of the freedoms of speech and press, and of free elections as well. Such a rule belongs in China, Russia, or Venezuela, whose citizens are accustomed to tyranny.  It certainly does not belong in the United States of America. It should be withdrawn at once and those responsible for its suggestion should be fired.