here is some interesting thinking from the bitcointalk forum:
Re: Why Bitcoin is doomed to fail, and there's nothing you can do about it.
Today at 06:12:19 PM
If you are interested about how to bypass government, consider this. The constitution, Article 1, Section 10, Clause 1 has a statement in it that says: "No State shall ... make any ... Law impairing the Obligation of Contracts ..." The Federal Government has been adjudicated to be a state. See: Enright v. U.S., D.C.N.Y., 437 F.Supp. 580, 581.
Here's what to get pushed through the courts. Form contracts for any business that you do with other people. Let the contracts invoke the above Article 1 wording along with wording stating that it is the intent of the contract and the parties to the contract that no state laws apply except upon an explicit allowance by the parties to the contract that they are accepting certain stated laws. Throw in the wording that the Federal Government is a state. Say, also, that not answering a challenge by some some state authority in no way waives any part of the contract.
Apply the above with enumerations of specific laws that you do not want to apply to the contract or the parties thereof - IRS taxation, and business licensing, for example.
Doing this will make your Bitcoin transacting to match your terms and not government terms.
Smiley