Some Thoughts
War tax refusal and redirection is illegal, or is it?
In the US, we look to legislators, judges, and lawyers to tell us what is legal. According to them, it is illegal to refuse and redirect war taxes.
However, legal theory also recognizes hierarchy in law. There are higher laws and lesser laws. The U.S. Pledge of Allegiance asserts that we are "One Nation, under God…" We can infer from this that God’s law for those who pledge is higher than human law. One of God’s laws, universal to all religions, is "Thou shall not kill." Does this carry over to paying for killing?
War tax refusal and redirection is not only legal under international law, it is mandatory.
"Individuals have international duties which transcend the national obligations of obedience…Therefore, [individual citizens] have the duty to violate domestic laws to prevent crimes against peace and humanity from occurring," stated the Nuremberg War Crime Tribunal in 1950. The Nuremberg Principles, which grew out of the aftermath of WWII and were adopted unanimously by the UN Assembly in 1945, affirm that one’s conscience is higher than the law of the land.
War tax refusal and redirection is illegal under U.S. law, and we do it consciously as an act of civil disobedience to draw attention to the enormous military budget, itself a crime against humanity, which diverts funds and human resources from desperately needed social services, environmental restoration, energy research, and peacemaking efforts.
The dissident opinion today may become the majority opinion tomorrow. Remember abolishing slavery and gaining women’s right to vote. Both were accomplished after decades of speaking out, struggle, and civil disobedience. Mahatma Gandhi’s leadership and his perseverance in non-violent civil disobedience eventually brought India its independence. The sit-ins and bus rides in the South were not legal; they were committed as conscious acts of civil disobedience.
Non-violent civil disobedience forced laws to change for the better, and led to the civil rights bills of the 1960’s. We even have a national holiday to commemorate Dr. Martin Luther King, Jr., whose legacy is that of non-violent civil disobedience in the name of peace and equality. The list goes on. (See "The Role of Civil Disobedience in Democracy).
We follow in the footsteps of the many thousands before us who have chosen to follow their consciences despite the laws, to change the law, to make a stand for true justice and peace.
War tax refusal and redirection is a religious right guaranteed by the U.S. Constitution, so the IRS and Congress are in violation of the Constitution by not allowing peace taxpayer status.
The US Constitution explicitly states, "Congress shall make no law with respect to the establishment of religion or prohibit the free exercise thereof."
While Congress has recognized the right of conscience for young males in the military draft law by providing alternative service measures, Congress has not yet recognized the right of conscience for both sexes and all ages in tax law. There are no alternative service provisions for conscientious objectors in federal tax law.
We hold that Congress has violated its oath of office to uphold the Constitution by enacting and allowing tax laws which make no appropriate alternative service provisions for conscientious objectors. The IRS Code is used to implement Congress’ tax laws. When applied universally, including to conscientious objectors, it too violates the Constitution. (For more on this, see www.peacetax.org/legality.htm)
Specific concerns
Cost-benefit analysis
The role of civil disobedience in a democracy