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Part 1 of 2


By: Devvy

December 17, 2003

When I ran for Congress in 1993-94, I was determined to tell the truth about social security to all citizens in my district regardless of how they voted. Immediately, my advisers told me that I was insane to invite a galactic "poop" storm by attacking the "sacred cow" of politics. My response was, bunk! The people of this nation deserve the truth and I was going to give it to them.

However, in order to keep the seniors from throwing their AARP cards at me during a debate or speech, I prefaced each presentation on the subject by telling the audience that, if elected, I would not be going to Washington, DC to introduce legislation that would put them on a steady diet of Purina dog chow.

My intent was to inform them as to how this Ponzi scheme is so mathematically flawed, it can't be saved and it certainly can't be "fixed." There is, however, a fair and equitable solution to this monstrous problem that has become nothing more than every politician's favorite campaign issue, election after election with never a solution in sight. It is truly reprehensible how politicians over the past six decades have used social security to scare "old people" for a vote.

Social security is a tax

Few people either remember this little fact or simply have no idea how the system even works, they have simply followed orders all their life and "contributed." Social security is a tax, a voluntary tax. No one is required under any law to obtain a social security number. If that were the case, the government would automatically issue everyone a number. Think about it.

Chapter 21 called the Federal Insurance Contributions Act, Section 3102: Deduction of Tax From Wages states:

(a) Requirement. The tax imposed by section 3101 shall be collected by the employer of the taxpayer, by deducting the amount of the tax from the wages as and when paid....

Notice that the word insurance does not appear in the body of the written text. We jump from the word "insurance" in the title to the word "tax" and the law itself. The word "tax" appears within the sentence structure of the body of the law and not "insurance." This has legal import. Section 7806 of the IR Code explains it quite plainly:

IR Code 7806. Construction of Title

(a) Cross References. The cross references in this title to other portions of the title, or other provisions of the law, where the word "see" is used, are made only for convenience and shall be given no legal effect.

(B) Arrangement and Classification. No inference, implication, or presumption of legislative construction shall be drawn or made by reason of the location or grouping of any particular section of provision or portion of this title, nor shall any table of contents, table of cross references, or similar outline, analysis, or descriptive matter relating to the contents of this title shall be given any legal effect.

Because the word "insurance" appears with the table of contents and the table of contents is "descriptive matter" used as an "outline," the word "insurance" has "no legal effect." In other words, no words in the table of contents have any force of law. The word which does have legal effect is "tax" because it is used within the body of the law itself; therefore, it has the full force of law. Legally, the word "insurance" does not apply, means nothing, to the chapter of the Code entitled "Federal Insurance Contributions Act."

No one is required to obtain an SSN

If you wish to ask someone from the government about this fact, let me demonstrate how you will be lied to by the same person. Look at this response from SSA in a letter to Mr. Scott McDonald dated March 18, 1998 from Charles Mullen, Associate Commissioner, Office of Public Inquiries, Social Security Administration:

"The Social Security Act does not require a person to have a Social Security Number (SSN) to live and work in the United States, nor does it require an SSN simply for the purpose of having one. However, if someone works without an SSN, we cannot properly credit the earnings for the work performed."

Now, it would appear from even a basic understanding of the English language that what Mr. Mullen said is this: No one is required to have an SSN to either live or work in the United States. If that person does not have this number but does work, no social security taxes would be taken out of their paycheck and there would be no credit ledger entry made in their name for taxes paid.

One would think this is quite plain and clear. However, let's look at another letter from the same Charles Mullen about one month earlier (February 24, 1998) addressed to me:

"People cannot voluntarily end their participation in the program [SS]. The payment of social security taxes is mandatory, regardless of the citizenship or place of residence of either the employer or the employee. Unless specifically exempted by law, everyone working in the United States is required to pay Social Security taxes."

Now, I ask you: If obtaining an SSN is voluntary, how is it that this tax then becomes mandatory? Since when is it legal to force any American to join a voluntary "insurance" plan that is in reality nothing but another tax - especially when an individual must apply for a number that puts them into this taxing system?

An even bigger question: Am I even eligible to obtain this number? This is a very important legal question that seldom is raised about Title 42, the so-called "The Federal Old-Age, Survivors and Disability Insurance Benefits Program." After a thorough review of Section 405, it would appear there are only certain classifications of individuals who are legally eligible to apply. To be specific, see:

42 U.S.C. Section 405(c)(2)(B):

"(B)(i) In carrying out the Commissioner's duties under subparagraph (A) and subparagraph (F), the Commissioner of Social Security shall take affirmative measures to assure that social security account numbers will, to the maximum extent practicable, be assigned to all members of appropriate groups or categories of individuals by assigning such numbers (or ascertaining that such numbers have already been assigned);

"(I) to aliens at the time of their lawful admission to the United States either for permanent residence or under other authority of law permitting them to engage in employment in the United States and to other aliens at such time as their status is so changed as to make it lawful for them to engage in such employment;

"(II) to any individual who is an applicant for or recipient of benefits under any program financed in whole or in part from Federal funds including any child on whose behalf such benefits are claimed by another person; and

"(III) to any other individual when it appears that he could have been but was not assigned an account number under the provisions of sub clauses (I) or (II) but only after such investigation as is necessary to establish to the satisfaction of the Commissioner of Social Security, the identity of such individual, the fact that an account number has not already been assigned to such individual, and the fact that such individual is a citizen or a noncitizen who is not, because of his alien status, prohibited from engaging in employment; and, in carrying out such duties, the Commissioner of Social Security is authorized to take affirmative measures to assure the issuance of social security numbers;

"(IV) to or on behalf of children who are below school age at the request of their parents or guardians; and

"(V) to children of school age at the time of their first enrollment in school." We find more government lie-speak and the obligation or duty to apply for and obtain a Social Security card or number at 20 C.F.R., section 422.103 (2002):

"(b) Applying for a number. (1) Form SS-5. An individual needing a social security number may apply for one by filing a signed Form SS-5, 'Application for a Social Security Card,' at any social security office and submitting the required evidence...

"(2) Birth Registration Document. The Social Security Administration (SSA) may enter into an agreement with officials of a establish, as part of the official birth registration process, a procedure to assist SSA in assigning social security numbers to newborn children. Where an agreement is in effect, a parent, as part of the official birth registration process, need not complete a Form SS-5 and may request that SSA assign a social security number to the newborn child.

Another (2): "(2) Request on birth registration document. Where a parent has requested a social security number for a newborn child as part of an official birth registration process described in paragraph (b)(2) of this section, the State vital statistics office will electronically transmit the request to SSA's central office....Using this information, SSA will assign a number to the child and send the social security number card to the child at the mother's address."

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Today, parents are being forced at hospitals all across this country to fill out documentation to obtain an SSN for their baby before they are "allowed" to take their newborn home. What an outrage!

Every American has the right to be fully informed of the law and the consequences of entering into any agreement that binds them to a government program. Forcing a newborn, incapable of understanding anything other than life giving functions such as food and a clean diaper, or a teenager to enter into a supposedly lifetime voluntary taxing program for which they have no understanding, is reprehensible and flies in the face of all the principles of freedom and free choice that this nation was founded upon. For part 2 click below.

Click here for part -----> 2,

� 2003 Devvy Kidd - All Rights Reserved

Devvy Kidd authored the booklets, Why A Bankrupt America and Blind Loyalty; 2,000,000 copies. Devvy appears on radio shows all over the country, ran for Congress and is a highly sought after public speaker. Devvy belongs to no organization.

She left the Republican Party in 1996 and has been an independent voter ever since. Devvy isn't left, right or in the middle; she is a constitutionalist who believes in the supreme law of the land, not some political party. Her web site ( contains a tremendous amount of information, solutions and a vast Reading Room.

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"Today, parents are being forced at hospitals all across this country to fill out documentation to obtain an SSN for their baby before they are "allowed" to take their newborn home. What an outrage!