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Michael J. Badnarik ( ; August 1, 1954 – August 11, 2022) was an American software engineer, political figure, and radio talk show host. He was the
Libertarian Party Active parties by country Defunct parties by country Organizations associated with Libertarian parties See also * Liberal parties by country * List of libertarian organizations * Lists of political parties * Outline of libertarianism ...
nominee for President of the United States in the
2004 elections 4 (four) is a number, numeral and digit. It is the natural number following 3 and preceding 5. It is the smallest semiprime and composite number, and is considered unlucky in many East Asian cultures. In mathematics Four is the smallest c ...
, and placed fourth in the race, behind independent candidate
Ralph Nader Ralph Nader (; born February 27, 1934) is an American political activist, author, lecturer, and attorney noted for his involvement in consumer protection, environmentalism, and government reform causes. The son of Lebanese immigrants to the Un ...
and the two major party candidates,
George W. Bush George Walker Bush (born July 6, 1946) is an American politician who served as the 43rd president of the United States from 2001 to 2009. A member of the Republican Party, Bush family, and son of the 41st president George H. W. Bush, he ...
and
John Kerry John Forbes Kerry (born December 11, 1943) is an American attorney, politician and diplomat who currently serves as the first United States special presidential envoy for climate. A member of the Forbes family and the Democratic Party (Unite ...
. Two years later Badnarik ran as a
Libertarian Party Active parties by country Defunct parties by country Organizations associated with Libertarian parties See also * Liberal parties by country * List of libertarian organizations * Lists of political parties * Outline of libertarianism ...
candidate in the 2006 congressional elections for Texas's 10th congressional district seat near
Austin Austin is the capital city of the U.S. state of Texas, as well as the seat and largest city of Travis County, with portions extending into Hays and Williamson counties. Incorporated on December 27, 1839, it is the 11th-most-populous city ...
. In a three candidate field, Badnarik came in third, receiving 7,603 votes for 4.3% of the vote.


Political career

Badnarik's political philosophy emphasizes individual liberty, personal responsibility, and strict adherence to an
originalist In the context of United States law, originalism is a theory of constitutional interpretation that asserts that all statements in the Constitution must be interpreted based on the original understanding "at the time it was adopted". This conce ...
interpretation of the
U.S. Constitution The Constitution of the United States is the supreme law of the United States of America. It superseded the Articles of Confederation, the nation's first constitution, in 1789. Originally comprising seven articles, it delineates the natio ...
. All of his positions arise from this foundation. In economics, Badnarik believes in
laissez-faire ''Laissez-faire'' ( ; from french: laissez faire , ) is an economic system in which transactions between private groups of people are free from any form of economic interventionism (such as subsidies) deriving from special interest groups. ...
capitalism Capitalism is an economic system based on the private ownership of the means of production and their operation for Profit (economics), profit. Central characteristics of capitalism include capital accumulation, competitive markets, pric ...
, a system in which the only function of the government is the protection of individual rights from the initiation of force and fraud. He, therefore, opposes institutions such as welfare and business regulation. Badnarik first ran for public office in 2000 as a Libertarian, earning 15,221 votes (17%) in a race for the
Texas legislature The Texas Legislature is the state legislature of the US state of Texas. It is a bicameral body composed of a 31-member Senate and a 150-member House of Representatives. The state legislature meets at the Capitol in Austin. It is a powerful ...
district 47. In 2002 he ran for the district 48 seat receiving 1,084 votes, or 2%. Badnarik was a member of the libertarian
Free State Project The Free State Project (FSP) is an American political migration movement founded in 2001 to recruit at least 20,000 libertarians to move to a single low-population state (New Hampshire was selected in 2003) in order to make the state a stronghold ...
.


2004 U.S. presidential campaign

In February 2003, Badnarik announced his candidacy for the Libertarian Party's presidential nomination and spent the following 18 months traveling the country, teaching a course on the United States Constitution to dozens of libertarian groups. He has written a book, ''Good To Be King: The Foundation of our Constitutional Freedom'' () on the subject of
constitutional law Constitutional law is a body of law which defines the role, powers, and structure of different entities within a State (polity), state, namely, the executive (government), executive, the parliament or legislature, and the judiciary; as well as th ...
; the book was first self-published by Badnarik, but was released in hardcover in October 2004. Badnarik was viewed as unlikely to win the Libertarian presidential nomination, facing challenges from talk-show host Gary Nolan and
Hollywood Hollywood usually refers to: * Hollywood, Los Angeles, a neighborhood in California * Hollywood, a metonym for the cinema of the United States Hollywood may also refer to: Places United States * Hollywood District (disambiguation) * Hollywood, ...
producer
Aaron Russo Aaron Russo (February 14, 1943 – August 24, 2007) was an American entertainment businessman, film producer and director, and political activist. He was best known for producing movies including ''Trading Places'', '' Wise Guys'', and '' The Ro ...
. At the 2004 Libertarian National Convention, Badnarik gained substantial support following the candidates' debate (broadcast live on
C-SPAN Cable-Satellite Public Affairs Network (C-SPAN ) is an American cable and satellite television network that was created in 1979 by the cable television industry as a nonprofit public service. It televises many proceedings of the United States ...
). In the closest presidential nomination race in the Libertarian Party's 32-year history, all three candidates polled within 12 votes of each other on the first ballot (Russo 258, Badnarik 256, Nolan 246). When the second ballot placed the candidates in the same order, Gary Nolan was eliminated and threw his support to Badnarik; Badnarik won the nomination on the third ballot 417 to 348, with
None of the Above "None of the above" (NOTA), or none for short, also known as "against all" or a "scratch" vote, is a ballot option in some jurisdictions or organizations, designed to allow the voter to indicate disapproval of the candidates in a voting system. ...
receiving six votes.
Richard Campagna Richard V. Campagna of Iowa City, Iowa was the vice-presidential running mate of Michael Badnarik of the Libertarian Party in the 2004 U.S. presidential election. Early life, education, and career Campagna was born in New York City, and grew ...
of
Iowa City, Iowa Iowa City, offically the City of Iowa City is a city in Johnson County, Iowa, United States. It is the home of the University of Iowa and county seat of Johnson County, at the center of the Iowa City Metropolitan Statistical Area. At the time ...
, was elected separately by convention delegates as his vice-presidential nominee. Not all libertarians were happy with Badnarik's nomination. Some felt Badnarik would be unable to draw media attention that many had felt Russo would have. Libertarian blogger Julian Sanchez called Badnarik "embarrassing." Badnarik's capture of the nomination was widely regarded as a surprise by many within the party; both Nolan and Russo had outpaced him in both fundraising and poll results prior to the convention. Badnarik commented following his success at the national convention, "If I can win the nomination, there's no reason I can't win this election." Badnarik and
Green Party A green party is a formally organized political party based on the principles of green politics, such as social justice, environmentalism and nonviolence. Greens believe that these issues are inherently related to one another as a foundation ...
candidate David Cobb were arrested in
St. Louis, Missouri St. Louis () is the second-largest city in Missouri, United States. It sits near the confluence of the Mississippi River, Mississippi and the Missouri Rivers. In 2020, the city proper had a population of 301,578, while the Greater St. Louis, ...
, on October 8, 2004, for an act of
civil disobedience Civil disobedience is the active, professed refusal of a citizen to obey certain laws, demands, orders or commands of a government (or any other authority). By some definitions, civil disobedience has to be nonviolent to be called "civil". Hen ...
. Badnarik and Cobb were protesting their exclusion from the presidential debates of the 2004 presidential election campaign. They were arrested after crossing a police barricade in an attempt to serve an
Order to Show Cause An order to show cause is a type of court order that requires one or more of the parties to a case to justify, explain, or prove something to the court. Courts commonly use orders to show cause when the judge needs more information before deciding ...
to the
Commission on Presidential Debates The Commission on Presidential Debates (CPD) is a nonprofit corporation established in 1987 under the joint sponsorship of the Democratic and Republican political parties in the United States. The CPD sponsors and produces debates for U.S. pres ...
. Badnarik was not the only member of his family running in the 2004 cycle. His mother, Elaine Badnarik, was nominated by the Libertarian Party for
lieutenant governor of Indiana The lieutenant governor of Indiana is a constitutional office in the US state of Indiana. Republican Suzanne Crouch, who assumed office January 9, 2017, is the incumbent. The office holder's constitutional roles are to serve as the president of t ...
in the
2004 Indiana gubernatorial election The 2004 Indiana gubernatorial election took place on November 2, 2004, to elect the Governor of Indiana. Incumbent Democratic Governor Joe Kernan was defeated by Republican Mitch Daniels. Daniels' victory was the first time the Republican Par ...
. By the end of the election cycle, Badnarik's presidential campaign had raised just over one million dollars (US), obtained ballot access in 48 states plus the
District of Columbia ) , image_skyline = , image_caption = Clockwise from top left: the Washington Monument and Lincoln Memorial on the National Mall, United States Capitol, Logan Circle, Jefferson Memorial, White House, Adams Morgan, ...
(the Libertarian Party failed to obtain ballot access in Oklahoma and New Hampshire, although Badnarik was a qualified write-in candidate in New Hampshire), and placed nationwide political advertisements on
CNN CNN (Cable News Network) is a multinational cable news channel headquartered in Atlanta, Georgia, U.S. Founded in 1980 by American media proprietor Ted Turner and Reese Schonfeld as a 24-hour cable news channel, and presently owned by the M ...
and
Fox News The Fox News Channel, abbreviated FNC, commonly known as Fox News, and stylized in all caps, is an American multinational conservative cable news television channel based in New York City. It is owned by Fox News Media, which itself is owne ...
, in addition to local advertising buys in the important swing states of Wisconsin, New Mexico, Nevada, and Arizona. No national polls including Badnarik had put him above 1.5%, though one poll put him at 5% in New Mexico and another at three percent in Nevada. A
Rasmussen poll Rasmussen Reports is an American polling company founded in 2003. The company engages in political commentary and the collection, publication, and distribution of public opinion polling information. Rasmussen Reports conducts nightly tracking, ...
on October 26, 2004, put Badnarik at 3% in Arizona. Badnarik received 397,265 votes nationwide in the November 2, 2004, election, taking 0.3 percent of the
popular vote Popularity or social status is the quality of being well liked, admired or well known to a particular group. Popular may also refer to: In sociology * Popular culture * Popular fiction * Popular music * Popular science * Populace, the total ...
and placing fourth, 68,385 votes behind
Ralph Nader Ralph Nader (; born February 27, 1934) is an American political activist, author, lecturer, and attorney noted for his involvement in consumer protection, environmentalism, and government reform causes. The son of Lebanese immigrants to the Un ...
but 12,834 votes better than the party's 2000 election results. Badnarik spent most of early 2005 touring the nation and giving speeches. He also taught a class on the
U.S. Constitution The Constitution of the United States is the supreme law of the United States of America. It superseded the Articles of Confederation, the nation's first constitution, in 1789. Originally comprising seven articles, it delineates the natio ...
, using his experiences on the campaign trail to develop his lesson plan.


2006 U.S. congressional campaign

In August 2005, Badnarik announced that he would run for the
U.S. House of Representatives The United States House of Representatives, often referred to as the House of Representatives, the U.S. House, or simply the House, is the lower chamber of the United States Congress, with the Senate being the upper chamber. Together they ...
in the 2006 election. He ran for the 10th Congressional District of Texas, which is currently represented by
Republican Republican can refer to: Political ideology * An advocate of a republic, a type of government that is not a monarchy or dictatorship, and is usually associated with the rule of law. ** Republicanism, the ideology in support of republics or agains ...
Michael McCaul Michael Thomas McCaul Sr. (born January 14, 1962) is an American attorney and politician serving as the U.S. representative for since 2005. A member of the Republican Party, he chaired the House Committee on Homeland Security during the 113th ...
. He raised nearly $450,000 for his campaign and received the
Libertarian Party of Texas The Libertarian Party of Texas is the state affiliate of the Libertarian Party in Texas, US. In 1971, Texas was one of the 13 original founding state parties at the first LP convention in Denver, Colorado. Over the next five years, county affili ...
nomination for its 10th district Congressional candidate. He received 7,603 votes, or four percent, in the November election, losing to Republican incumbent Michael T. McCaul, who received 55 percent of the vote, and
Democrat Democrat, Democrats, or Democratic may refer to: Politics *A proponent of democracy, or democratic government; a form of government involving rule by the people. *A member of a Democratic Party: **Democratic Party (United States) (D) **Democratic ...
Ted Ankrum, who got 40 percent. A December 2006 letter from his campaign manager, Alan Hacker, states that Badnarik has "retired from political candidacy" and is now working as an account representative for a political and novelty bumper sticker mail-order business.


Post-campaign events

Badnarik delivered a keynote speech at the 2007
New Hampshire Liberty Forum The New Hampshire Liberty Forum is an annual convention-style conference hosted by the Free State Project. It has attracted attendees such as U.S. Presidential candidates, a sitting U.S. Senator, a sitting U.S. Representative, state legislators, ...
, where he announced his endorsement for
Ron Paul Ronald Ernest Paul (born August 20, 1935) is an American author, activist, physician and retired politician who served as the U.S. representative for Texas's 22nd congressional district from 1976 to 1977 and again from 1979 to 1985, as well ...
, U.S. Congressman from Texas 14th district, in the 2008 presidential election. In April 2007, he began hosting a talk radio program, ''Lighting the Fires of Liberty'', on the We the People radio network. His final program aired on October 3, 2008. In October 2008, he began hosting a talk radio program, by the same title, on the Genesis Communications Network. His final program aired on March 20, 2009. In November 2009, Badnarik was elected as one of three delegates from the State of Texas to attend the 2009 Continental Congress sponsored by the We The People Foundation, and subsequently elected parliamentary president of that body. Badnarik suffered a heart attack on the morning of December 21, 2009, while in
Viroqua, Wisconsin Viroqua is the county seat of Vernon County, Wisconsin, United States. The population was 4,504 at the 2020 census. The city is in the town of Viroqua. Etymology The town was originally named “Farwell” after Leonard J. Farwell, second Go ...
attending a hearing regarding a
raw milk Raw milk or unpasteurized milk is milk that has not been pasteurized, a process of heating liquid foods to kill pathogens for safe consumption and extending the shelf life. Proponents of raw milk have asserted numerous supposed benefits to consu ...
case. After the hearing he boarded a car to go to lunch with friends, then slumped over. His friends attempted
CPR Cardiopulmonary resuscitation (CPR) is an emergency procedure consisting of chest compressions often combined with artificial ventilation in an effort to manually preserve intact brain function until further measures are taken to restore sponta ...
and contacted the paramedics. They attempted CPR to revive him three times with no success. Upon the fourth attempt his heart was revived yet with erratic behavior. He was taken by helicopter to Gundersen Lutheran Hospital CCU in
La Crosse, Wisconsin La Crosse is a city in the U.S. state of Wisconsin and the county seat of La Crosse County. Positioned alongside the Mississippi River, La Crosse is the largest city on Wisconsin's western border. La Crosse's population as of the 2020 census w ...
. Sunday afternoon, January 10, 2010, Badnarik posted a message to his friends and supporters stating that he was improving rapidly and would soon be released from the hospital.


Issue positions

* Abortion: Badnarik personally opposes abortion, but believes that decisions regarding abortion rights should be made at the state and not the federal level. He recognizes that there is significant controversy surrounding when life begins, and argues that therefore the state should not legislate against abortion, since a fetus is arguably not a human life in and of its own. * Broadcast regulation: Badnarik opposes government regulation of "offensive" content. "I find it very offensive when the government tells me what I can and cannot watch. ..Individual people should decide what is or is not obscene and they will make that decision by watching or not watching reality TV." *
Campaign finance reform Campaign finance reform may refer to: * Reform of campaign finance Campaign finance, also known as election finance or political donations, refers to the funds raised to promote candidates, political parties, or policy initiatives and referen ...
: Badnarik supports eliminating public matching funds and contribution limits for political campaigns. * Civil rights: Badnarik supports all of the
Bill of Rights A bill of rights, sometimes called a declaration of rights or a charter of rights, is a list of the most important rights to the citizens of a country. The purpose is to protect those rights against infringement from public officials and pri ...
unequivocally, a position which he claims contrasts with most political candidates. Badnarik says government does not grant rights but rather acknowledges them, that they exist independently of government as part of who and what we are, and that, as
Thomas Jefferson Thomas Jefferson (April 13, 1743 – July 4, 1826) was an American statesman, diplomat, lawyer, architect, philosopher, and Founding Fathers of the United States, Founding Father who served as the third president of the United States from 18 ...
noted in the
United States Declaration of Independence The United States Declaration of Independence, formally The unanimous Declaration of the thirteen States of America, is the pronouncement and founding document adopted by the Second Continental Congress meeting at Pennsylvania State House ...
, the only legitimate function of government is to secure them. * Economic policy: Badnarik would eliminate the federal income tax and drastically reduce government spending. He advocates the elimination of the
Federal Reserve The Federal Reserve System (often shortened to the Federal Reserve, or simply the Fed) is the central banking system of the United States of America. It was created on December 23, 1913, with the enactment of the Federal Reserve Act, after a ...
and the restoration of a commodity-based currency. * Education: Badnarik supports the elimination of the federal
Department of Education An education ministry is a national or subnational government agency politically responsible for education. Various other names are commonly used to identify such agencies, such as Ministry of Education, Department of Education, and Ministry of Pub ...
, claiming that it is both unconstitutional and ineffective. Badnarik has called for the
privatization Privatization (also privatisation in British English) can mean several different things, most commonly referring to moving something from the public sector into the private sector. It is also sometimes used as a synonym for deregulation when ...
of education, which he believes would result in both more effective and affordable alternatives due to
free market In economics, a free market is an economic system in which the prices of goods and services are determined by supply and demand expressed by sellers and buyers. Such markets, as modeled, operate without the intervention of government or any o ...
competition. * Energy: Badnarik opposes government regulation of the energy industry, instead arguing that the free market is more effective in controlling prices and maintaining stability. *
Free trade Free trade is a trade policy that does not restrict imports or exports. It can also be understood as the free market idea applied to international trade. In government, free trade is predominantly advocated by political parties that hold econo ...
: Badnarik would withdraw the U.S. from the
North American Free Trade Agreement The North American Free Trade Agreement (NAFTA ; es, Tratado de Libre Comercio de América del Norte, TLCAN; french: Accord de libre-échange nord-américain, ALÉNA) was an agreement signed by Canada, Mexico, and the United States that crea ...
(NAFTA) and
General Agreement on Tariffs and Trade The General Agreement on Tariffs and Trade (GATT) is a legal agreement between many countries, whose overall purpose was to promote international trade by reducing or eliminating trade barriers such as tariffs or quotas. According to its pre ...
(GATT). "NAFTA and GATT have about as much to do with free trade as the Patriot Act has to do with liberty," he has said. "We need to get the government out of regulating trade, so that American workers can do what they do best and that is to create wealth." *
Gay marriage Same-sex marriage, also known as gay marriage, is the marriage of two people of the same sex or gender. marriage between same-sex couples is legally performed and recognized in 33 countries, with the most recent being Mexico, constituting ...
and
Civil Unions A civil union (also known as a civil partnership) is a legally recognized arrangement similar to marriage, created primarily as a means to provide recognition in law for same-sex couples. Civil unions grant some or all of the rights of marriage ...
: Badnarik believes that marriage, as a contract between two individuals, should not be a government concern and supports the right of individuals to associate in whatever ways they see fit. *
Gun control Gun control, or firearms regulation, is the set of laws or policies that regulate the manufacture, sale, transfer, possession, modification, or use of firearms by civilians. Most countries have a restrictive firearm guiding policy, with on ...
: Badnarik opposes restrictions on gun ownership as restrictions on an individual's right to self-defense. Badnarik is an enthusiastic gun owner, and strongly supports the
Right to keep and bear arms The right to keep and bear arms (often referred to as the right to bear arms) is a right for people to possess weapons (arms) for the preservation of life, liberty, and property. The purpose of gun rights is for self-defense, including securi ...
. * Health care: Badnarik opposes government involvement in health care and
drug A drug is any chemical substance that causes a change in an organism's physiology or psychology when consumed. Drugs are typically distinguished from food and substances that provide nutritional support. Consumption of drugs can be via insuffla ...
regulation, as he contends that the current drug approval process raises costs for consumers. * Illegal drugs: Badnarik supports the
decriminalization Decriminalization or decriminalisation is the reclassification in law relating to certain acts or aspects of such to the effect that they are no longer considered a crime, including the removal of criminal penalties in relation to them. This reform ...
of
marijuana Cannabis, also known as marijuana among other names, is a psychoactive drug from the cannabis plant. Native to Central or South Asia, the cannabis plant has been used as a drug for both recreational and entheogenic purposes and in various tra ...
and other illegal drugs. See also:
Drug legalization Drug liberalization is a drug policy process of decriminalizing or legalizing the use or sale of prohibited drugs. Variations of drug liberalization include: drug legalization, drug re-legalization and drug decriminalization. Proponents of drug ...
. * Immigration: Badnarik believes that, "Peaceful immigrants should be allowed to enter the US at conveniently located Customs and Immigration stations, subject only to brief vetting to ensure that they are not terrorists or criminals, and reasonable consideration of the nation's ability to assimilate them." *
International relations International relations (IR), sometimes referred to as international studies and international affairs, is the scientific study of interactions between sovereign states. In a broader sense, it concerns all activities between states—such as ...
: Badnarik supports the reduction and eventual elimination of government-funded
foreign aid In international relations, aid (also known as international aid, overseas aid, foreign aid, economic aid or foreign assistance) is – from the perspective of governments – a voluntary transfer of resources from one country to another. Ai ...
programs. His platform also calls for withdrawal from the United Nations and the eviction of the UN from the United States. *
Iraq War {{Infobox military conflict , conflict = Iraq War {{Nobold, {{lang, ar, حرب العراق (Arabic) {{Nobold, {{lang, ku, شەڕی عێراق (Kurdish languages, Kurdish) , partof = the Iraq conflict (2003–present), I ...
and
military intervention Interventionism refers to a political practice of intervention, particularly to the practice of governments to interfere in political affairs of other countries, staging military or trade interventions. Economic interventionism refers to a diffe ...
: Badnarik supports a rapid withdrawal of U.S. forces from Iraq, while providing for repair to Iraqi infrastructure damaged by U.S. action. He also supports ending foreign intervention. *
Military draft Conscription (also called the draft in the United States) is the state-mandated enlistment of people in a national service, mainly a military service. Conscription dates back to antiquity and it continues in some countries to the present day und ...
: Badnarik opposes any reinstatement of a military draft. * 9/11 Truth: Badnarik has signed the 9/11 Truth Statement calling for new investigations of the
9/11 terrorist attacks The September 11 attacks, commonly known as 9/11, were four coordinated suicide terrorist attacks carried out by al-Qaeda against the United States on Tuesday, September 11, 2001. That morning, nineteen terrorists hijacked four commercial ...
, including the failure of US intelligence to act on warnings of upcoming attacks, the breakdown of military air defense, and the nature of the investigations. The Statement has also been signed by the other 2004 Presidential candidates
Ralph Nader Ralph Nader (; born February 27, 1934) is an American political activist, author, lecturer, and attorney noted for his involvement in consumer protection, environmentalism, and government reform causes. The son of Lebanese immigrants to the Un ...
and David Cobb. Badnarik has also mentioned that he would fight
Al-Qaeda Al-Qaeda (; , ) is an Islamic extremism, Islamic extremist organization composed of Salafist jihadists. Its members are mostly composed of Arab, Arabs, but also include other peoples. Al-Qaeda has mounted attacks on civilian and military ta ...
if he was elected president.


Arguments for limited government

Badnarik believes that the federal government has exceeded its Constitutional bounds and should be scaled back in favor of a ''
laissez-faire ''Laissez-faire'' ( ; from french: laissez faire , ) is an economic system in which transactions between private groups of people are free from any form of economic interventionism (such as subsidies) deriving from special interest groups. ...
'' society. His political views are influenced by the writings of both
Ayn Rand Alice O'Connor (born Alisa Zinovyevna Rosenbaum;, . Most sources transliterate her given name as either ''Alisa'' or ''Alissa''. , 1905 – March 6, 1982), better known by her pen name Ayn Rand (), was a Russian-born American writer and p ...
and L. Neil Smith.


Views on taxes

Badnarik believes that the U.S. Constitution does not provide for a federal income tax and has posed the tax protester argument that the
Sixteenth Amendment to the United States Constitution The Sixteenth Amendment (Amendment XVI) to the United States Constitution allows Congress to levy an income tax without apportioning it among the states on the basis of population. It was passed by Congress in 1909 in response to the 1895 Sup ...
was never legally ratified. Badnarik has also posed the
tax protester A tax protester is someone who refuses to pay a tax claiming that the tax laws are unconstitutional or otherwise invalid. Tax protesters are different from tax resisters, who refuse to pay taxes as a protest against a government or its policies ...
argument that the
Internal Revenue Code The Internal Revenue Code (IRC), formally the Internal Revenue Code of 1986, is the domestic portion of federal statutory tax law in the United States, published in various volumes of the United States Statutes at Large, and separately as Title 26 ...
of 1986, as "non-positive law," applies to only certain groups, and argues that the only types of income susceptible to taxation are "the domestic income of ''foreigners'', certain ''foreign'' income of Americans, income of certain possessions corporations, and income of international and foreign sales corporations" He has also cited the
Supreme Court A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
decision ''
Brushaber v. Union Pacific Railroad ''Brushaber v. Union Pacific Railroad Co.'', 240 U.S. 1 (1916), was a landmark United States Supreme Court case in which the Court upheld the validity of a tax statute called the Revenue Act of 1913, also known as the Tariff Act, Ch. 16, 38 Sta ...
'', in which the Court indicated that the Sixteenth Amendment of the U.S. Constitution did not give Congress any power that it did not have already. He also argues that the Sixteenth Amendment was not properly ratified, citing the two-volume work ''
The Law that Never Was ''The Law That Never Was: The Fraud of the 16th Amendment and Personal Income Tax'' is a 1985 book by William J. Benson and Martin J. "Red" Beckman which claims that the Sixteenth Amendment to the United States Constitution, commonly known as ...
'', co-authored by William J. Benson. One of his key statements on income tax is that the United States grew to be the most powerful nation in the Universe without requiring such a tax, and that it began to falter when the government began to intervene in the economy and individuals' lives. In the past, he has stated that refusing to file a tax return is justifiable until the
Internal Revenue Service The Internal Revenue Service (IRS) is the revenue service for the United States federal government, which is responsible for collecting U.S. federal taxes and administering the Internal Revenue Code, the main body of the federal statutory ta ...
(IRS) provides a legal reason for doing so (see Federal statutes imposing obligations to pay income taxes and file returns). However, in his book ''Good to Be King'' he writes, "I do not know if Americans are liable to pay income taxes." In an August 2004 interview with the journal ''Liberty'', Badnarik stated that he had not filed tax returns for approximately the previous three years as he was unemployed. However, he said he had contacted the IRS to find out his tax liability and to settle up on any taxes he owed. This was an effort to make his then-campaign to be the President of the United States go more smoothly.


Positions on personal identification

When Badnarik moved to Texas, he did not obtain a driver's license, due to that state's requirement that an applicant provide a Social Security Number and fingerprint. Identification is supplied by carrying a
United States passport United States passports are passports issued to citizens and nationals of the United States of America. They are issued exclusively by the U.S. Department of State. Besides passports (in booklet form), limited-use passport cards are issued by ...
.


2004 Ohio recount

After the 2004 presidential election, Badnarik, working with
Green Party A green party is a formally organized political party based on the principles of green politics, such as social justice, environmentalism and nonviolence. Greens believe that these issues are inherently related to one another as a foundation ...
candidate David Cobb, sought a recount of the Ohio vote. This caused controversy within the Libertarian Party, as presidential second place candidate
John Kerry John Forbes Kerry (born December 11, 1943) is an American attorney, politician and diplomat who currently serves as the first United States special presidential envoy for climate. A member of the Forbes family and the Democratic Party (Unite ...
had not contested the vote in Ohio, and a recount would cost the state an estimated $1.5 million of tax-payer money. Some party members were concerned that a recount would damage the public perception of the Libertarian party. Badnarik said that he decided to push for a recount after receiving "about two dozen passionate requests to do so from Libertarians in various states."


''Good to Be King''

In his book ''Good to Be King'' Badnarik suggests that it is unnecessary to have a driver's license to drive, that the IRS has no Constitutional authority to collect taxes, and that common law marriages are valid in all 50 states.


Death

Badnarik died from heart failure at his home in
San Antonio ("Cradle of Freedom") , image_map = , mapsize = 220px , map_caption = Interactive map of San Antonio , subdivision_type = Country , subdivision_name = United States , subdivision_type1= U.S. state, State , subdivision_name1 = Texas , s ...
, Texas, on August 11, 2022, aged 68. He was cremated through the
Neptune Society The Neptune Society, Inc. is a US provider of cremation services. Its was founded in Plantation, Florida. History The Neptune Society was established in 1973 and was incorporated in 1985. In 1999, the Neptune Society announced its completion ...
.


See also

* List of candidates in the 2004 United States presidential election *
Free State Project The Free State Project (FSP) is an American political migration movement founded in 2001 to recruit at least 20,000 libertarians to move to a single low-population state (New Hampshire was selected in 2003) in order to make the state a stronghold ...


References


General references

*


External links


Liberal Institute interview with Michael Badnarik
from April 2005 *
Website for Michael Badnarik's class on the Constitution

An eight-hour recording of Badnarik's Constitution class
{{DEFAULTSORT:Badnarik, Michael 1954 births 2022 deaths 21st-century American male writers 21st-century American non-fiction writers 21st-century American politicians American anti–Iraq War activists American drug policy reform activists American gun rights activists American male non-fiction writers American political writers American software engineers American talk radio hosts Candidates in the 2004 United States presidential election Candidates in the 2006 United States elections Deaths from congestive heart failure Libertarian Party (United States) presidential nominees Non-interventionism People from Hammond, Indiana Texas Libertarians Writers from Texas