Wednesday, January 11th, 2012 at 7:20pm

Avoid a crash. Drive the CARR – Constitutional Amendment Repeal and Repair

Posted by admin
“If ever a time should come, when vain and aspiring men shall possess the highest seats in Government, our country will stand in need of its experienced patriots to prevent its ruin.” 

– Samuel Adams, 1776 
“Confidence is everywhere the father of Despotism.” “In matters of Power let no more be heard of confidence in man, but bind him down from mischief by the chains of the Constitution” 
Our particular security is in possession of a written Constitution.  Let us not make it a blank paper by Construction [interpretation].” – Thomas Jefferson  1798
Vain and power hungry men and women run the country and have turned the Constitution into a blank piece of paper, upon which they have written a foreign, corrupt system of government.  It is time for the Patriots, those who respect the ideas and foundation of this country, to prevent its ruin via the Constitutional Amendment process.   
Why we need limits on Government
Power needs limits or it can be dangerous.
Electric power is limited by transformers or the voltage would fry your appliances… and you.
Police power is limited so they do not brutalize or kill you.
The military adheres to a strict code of honor and does not operate domestically to prevent a military takeover, brutality or other abuses.
Government which is force must also be limited and its members held to a code of honor.
The more power, the more limits and boundaries that are needed.
A 9 volt battery can’t kill you.  The only limit is to keep it away from your tongue or it will give you a nasty jolt.
However a car battery, which can be an instrument of torture and even stop a heart, must be treated more carefully.
Police batons can be twirled around and do not need to be holstered.  A wrist strap  is sufficient.
Guns which are more powerful, must be holstered and certainly not twirled around.
Technology has empowered government and Political Parties to the point where even the Founders’ limits are not enough.
Therefore it is necessary to amend the Constitution with limits the founders could not know were needed.
Since the original system instituted by the people has been corrupted, it is also necessary to undue the damage by repealing certain Amendments and repairing others.
Government is necessary for protecting people and their property and accomplishing that which the people as individuals, communities or States can not accomplish alone.  Whether it is evil or good depends on the virtue of the people and whether delegated power and force is used carefully and sparingly.
To do so, Government needs to be restricted to making general laws that are universal and uniform in their application and operation, so that all are equal under the law.  Favoritism, under the law, is not justice.
Government has no right to interfere with the pursuits of individuals by granting privileges to any particular industry, group or class. It breaks the free market and reduces all individuals to dependency on the whims and legislative tinkering of the politicians.

Agenda and essential amendments for Congressional Debate or State Amendment Convention

In the USA, Government gets its power from the people.  The Constitution enumerates which powers the people delegate to the government.  The Constitution forbids government to abridge, limit or deny the natural rights of the people and lays out how powers are to be balanced between our three branches of government, President (Executive) , Lawmakers (Congress/Legislature) and the Courts (Judicial).    These powers are necessarily limited or there would be no need to write a Constitution in the first place.  The Constitution is not to be interpreted so broadly that it might as well be a blank piece of paper on which Congress and the Courts can write whatever they want.

Let’s first answer some excuses, propagandized to justify removing limits from government, by an ever less restrictive, more liberal “progressive” “Living” changing constitution:

Society has evolved and the constitution needs to evolve. On the contrary society has devolved to the oldest most primitive system in the world, corrupt centralized power and control, where the individual is sacrificed for the ostensible good of the group. 

The Founders’ Government did not need the Constitution – Today’s government does.  It was written for later generations in case corruption set in.  Which it has.
You can’t possibly accept a frozen document. Times change. The principles in our Constitution just like other principles such as not to murder or steal remain constant and true and are the firm stable foundation which allows society to grow.  Without the ancient, firm, stable bedrock foundation of granite, the skyscraper would collapse.  So too modern society without the bedrock ancient principles of civilization, collapses. Secondly the document is not frozen. There is a Constitutional amendment process. 
” It is often asserted that the world has made a great deal of progress since 1776, that we have had new thoughts and new experiences which have given us a great advance over the people of that day, and that we may therefore very well discard their conclusions for something more modern.  But that reasoning can not be applied to this great charter.  
If all men are created equal, that is final. If they are endowed with inalienable rights, that is final.  If governments derive their just powers from the consent of the governed, that is final.  No advance, no progress can be made beyond these propositions.  If anyone wishes to deny their truth or their soundness, the only direction in which he can proceed historically is not forward, but backward toward the time when there was no equality, no rights of the individual, no rule of the people.  Those who wish to proceed in that direction can not lay claim to progress.  They are reactionary.  Their ideas are not more modern, but more ancient, than those of the Revolutionary fathers….”  – President Calvin Coolidge July 5, 1926
The Constitution is too limiting. Yes it is!  And it is exactly what our constitution is supposed to do – enumerate the limited number of tasks the government is delegated power to accomplish.  Leaving aside issues of freedom and violation of rights, even practically speaking, government, like any other large organization, fails if they have too much to accomplish.    The first 10 amendments (The misnamed Bill of Rights – more accurately the Bill Of Constraints) were added to explicitly constrain government from abridging, infringing or denying certain of the individuals Natural endowed rights and duties and prevent the government from usurping the powers of the States.
Amendments take 2/3 of the states and that is too slow or impossible. It is slow for a reason.  Short circuiting an electrical device could kill you. Short circuiting the purposely slow Amendment process can kill the economy and society.
If the Government doesn’t run social and charity programs the (selfish) people won’t do it 
Even the selfish like to have their names on plaques, get honors from the community, be viewed with respect and recognized at charity dinners.  There are other motivations for charity than just helping others.  Then there are people who give charity now for religious or selfless or other reasons who will give even more when the government stops taking so much from them. For instance Catholic Charities is still the 2nd largest provider of Social Services.  Replace the stolen money with freely contributed money.
The people did do it before the government stole the people’s wealth and through regulations made it economically or legally impractical to do charity (such as Doctors who used to give free medical care).  They’ll do it again when the government gets out of the way and they will do it better.
It is like the Father who thinks everyone is selfish because no one but him took out the trash in the morning.  The reason is that he was up earlier than anyone else and never left the trash for anyone else to take out.  Once he got out of the way, the other were able to do it themselves.  The only role for government in charity, if any, would be to make charities aware of pressing unmet needs.
In any case we are talking about the Federal Government not the States. If the States want to continue Socialist policies that is up to them. At least then the States would compete and citizens could change states. Eventually people will see that only the local community and individuals have enough information to do it right.
Tinkering with regulation and the tax code merely alleviates symptoms temporarily and does not cure the disease. The only way to fix America at the root is to repeal the amendments which broke the Constitution and add amendments to repair the usurpation of power that has already occurred.
The first step, once the public is educated, to implementing theses amendments is to write to Congress and/or your State Legislature and send a copy of this post to them.  Congress can call for specific amendments to be ratified.  If Congress doesn’t call for the amendments to be voted upon then the States can petition Congress to call a convention for Amendments to be proposed.
Politicians in Congress want to keep their power and won’t call for these amendments.  If the States call a Constitutional Convention The entire Constitution could be thrown out or a new one created!
  1. In the language of the Article V Amendment process (see below), there is no reference to calling a “Constitutional” Convention. Merely a convention – a large formal assembly.  “The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress. 
  • That is not the same as the Original Constitutional Convention where a Constitution was created.  In a State called convention the US Constitution can not be thrown out and we can not create a new Constitution. The language of the process specifically says these amendments are “part of this constitution”.
  • The official government literature, of the Federal Register incorrectly calls the State Convention a “Constitutional” Convention.   Using this misleading language casts inappropriate fear and prevent States from regaining their Constitutional power through a Amendment Convention.  Language is changed to confuse the people and keep power over them.  Once you throw off the misleading language we can deal with reality instead of overblown fears planted by the Politicians. 
  1. Whether these specific amendments are proposed or whether all sorts of other Amendments are proposed depends entirely on a wise choice of delegates and whether the people and the delegates are educated by the information contained in the Society Project and this agenda.  
  2. It is doubtful that an Article V convention would exceed its scope, in light of the United States’ experience with state constitutional conventions; over 600 state constitutional conventions have been held to amend state constitutions, with little evidence that any of them have exceeded their scope.” –  Shearer, Augustus. A List of Official Publications of American State Constitutional Conventions, 1776-1916 (1917). 
  3. Even if all sorts of extra amendments are proposed they still have to be ratified by 3/4 of the States.  The States wish to regain their proper power and restore their balance of Federal power and will be motivated to pass CARR amendments.
  4. We may have some Socialist, Communist and even Islamic Sharia Amendment proposals for debate. This is the Method the framers wanted. Let the Country decide.  With the caveat that first the country must be educated in the Constitutional And Foundational American Principles.
  5. We will be prepared to make a good case.   We will first educate the Populace and assemble all the Amendments, make them comprehensive, craft them well and only then call for a Convention.
  6. There is nothing more for the Country to lose, that we have not already lost.  The government system is already corrupt, with no hope of repair within the current system such as by changing Politicians or laws.  A majority of 5 of 9 individuals on the Supreme Court, due to the power of Constitutional Interpretation that the Court has usurped, in point of fact, already maintain a perpetual Constitutional Convention without the benefit of debate or ratification.
It is time to erect a “wall of separation” between State and Economics.
The ideal political-economic system is laissez-faire capitalism. It is a system where men deal with one another, not as victims and executioners, nor as masters and slaves, but as traders, by free, voluntary exchange to mutual benefit. It is a system where no man may obtain any values from others by resorting to physical force, and no man may initiate the use of physical force against others. The government acts only as a policeman that protects man’s rights; it uses physical force only in retaliation and only against those who initiate its use, such as criminals or foreign invaders. In a system of full capitalism, there should be (but, historically, has not yet been) a complete separation of state and economics, in the same way and for the same reasons as the separation of state and church. – Ayn Rand – 1962 response at book signing of Atlas Shrugged.
The following is a * DRAFT * of the CARR Amendments.
1. Restore representation to the People 
  1. The right of the people to individual and community representation in government shall not be denied by aggregation/concentration of power and/or money and/or influence and/or representation into Political Parties, factions or any political grouping other than one which is temporary and of limited scope to redress a specific issue, which when addressed, such grouping will disband.  (or Jonathan’s idea) Term limits. For Senators one four year term.  For the House – 2 terms of 2 years. President already limited to two 4 year terms.  With a maximum of 14 years total for each candidate. 
  2. There shall be no advertising in any media for campaigns for Political office.
  3. All elections for public office shall be based solely on the measure of the candidate and positions on issues.  All influence of superior monetary resources, advertising or propaganda is prohibited.
  4. The public shall be informed of a candidate’s positions through at least 3, publicly accessible debates with media coverage, with mandatory participation of all candidates for a particular office.
  5. The Candidates will be under oath to tell the truth, the whole truth and nothing but the truth however disclosure is not mandatory and a candidate may decline to comment.  Private or personal matters not having direct consequence to candidate qualification shall not be discussed.   Penalties for Candidates lying or deception will be disqualification from holding office for one year. 
  6. Candidates may maintain publicly accessible information sites and initiate or participate in town hall or other informational forums.
  7. No campaigning, patronage, fund raising, gerrymandering, seniority schemes, initiatives, photo opportunities, or media exposure or re-election effort of any kind, by, or for, a candidate shall take place while they hold public office, other than participation in the mandatory debates.  They are elected to do the job and not to get re-elected.

2. Standards for Congressional Laws

  1. A “Law” shall be defined as a rule of conduct, action, acting or not acting; a decree, edict, statute or custom, publicly established as a rule of justice.
  2. Congress shall make only such laws as are cost-effective and absolutely necessary and specifically proper for an enumerated power in Article I Section 8, or amendment to same.
  3. Congress shall publicly set and document, specific Constitutional Authority, objectives, goals and outcomes for all laws and periodically review and evaluate the results of all laws.  If the results are not in line with the objectives, goals and outcomes,  unseen negative consequences have emerged or the results, effects, imminent ramifications, consequences, systems or processes of the Law are no longer practical and cost effective, then the law must be corrected or eliminated as soon as possible.  
  4. Congress shall establish easy and effective communication and response, awards, honors and small monetary incentives which encourage whistle-blowing – defined as revealing and reporting problems, inefficiencies, waste, abuse and criminal activity – and utmost anonymity, privacy and secrecy that protects identity and national or trade secrets.  
  5. Congress shall establish penalties, with response and investigation time no more than 10 business days, for interference, suppression or retaliation against whistle-blowers.  
  6. Congress shall not pass, or allow to stand, any Law whose: – a. Language is not clear and understandable to the average English Speaking Citizen. – b. Length exceeds three, letter sized, pages of double spaced text. – c. Effects, ramifications, consequences, and processes – Cause, Contribute to or maintain a monopoly, are not neutral and unbiased to the free-market and  have not, at all stages – from drafting through implementation of the law and its systems – been subjected to a test of reasonableness and cost effectiveness and thoroughly, considered, debated and documented by Congress. – d. Systems necessary to carry out the Law, or Laws, were not submitted for Design, Quality assessment, testing and Verification to expert, reliable, accountable and independent Systems, Business, Financial, Economic, Scientific, Engineering, Medical or other type of professionals, as applicable, in line with their respective industry best practices and Standards. – e. In the event of a state of emergency, requiring immediate legislation, the above requirements may be suspended with the stipulation that the above requirements must be met within a period, not to exceed, one year after passage of the law.
  7. All Laws, applicable to citizens, shall apply equally to all citizens of the United States, its territories and protectorates, with no exemption. [Congress shall not exempt themselves from laws they pass]

Sowell on accountability

[Especially in this age of advancing and complex technology,] before passing any laws, Congress shall gain a thorough understanding of any physical, computer, communications, biological or other technology, its’ processes, especially software, techniques, safety, efficacy and any other information related to the law(s) under consideration.  Congress shall not pass any laws without thorough debate. [prevent a recurrence of the NSA debacle–politics.html]

  1. Henceforth, Legislators shall be held, individually and collectively, reasonably accountable and responsible for consequences of the laws they make.  Punishment shall be, at least, removal and banning from public office  (who defines, prosecutes and enforces this? Independent body? What are the penalties?)

3. Elections

  1. There shall be no campaigns, campaigning, advertising, articles, presentations or discussions in the media, nor money spent for any elected office other than three publicly funded debates of the candidates and a web page or its equivalent.  (or Jonathan’s idea) Alternatively restrict contributions to human Beings (corporations are not human, neither are PACS ) with a maximum contribution of 500 dollars (as valued in the year of this amendment’s ratification), per person adjusted for inflation or deflation of the purchasing power of the dollar (or whatever the currency is called in the future) 
  2. The right of the people to have their vote counted shall not be denied in Elections having more than two candidates for an office.  Elections shall have a ranking system indicating the voter’s first, second and so forth, choice.
  3. All votes from the loser in the first vote counting,  shall be re-allocated to the next candidate, according to the voter’s next run-off choice and the process repeated until there are only two candidates left.  In the final contest, the candidate with the majority of votes wins.

4. Restore State Representation in the Senate and remove Federal restrictions 

  1. The requirement of the advice and consent of a Senate composed of two Senators from each state chosen by the Legislatures thereof, per article II Section 2  of the United States Constitution, as the definition of “The Senate” was construed at the time of the ratification of the Constitution, was not invalidated by the 17th Amendment and shall not be denied by any election of Senators other than by the members of the State legislature.   Neither shall Article 1 section 4 as to manner of holding elections being prescribed by the Legislature or Congress be construed to mean that anyone but the State legislatures shall choose Senators, for if it were interpreted as such, then it would also mean that election of representatives by the people could be altered.   The 17th amendment is hereby repealed in its entirety.  
  2. Within a month of the ratification of this amendment, the state legislatures shall take a new vote for Senator of their respective State.  Once the Senators have been duly elected and seated, the validity of all Treaties, and appointments made since the passage of the 17th Amendment  shall be decided upon by concurrence of 2/3 of the Senators present. 
  3. Candidates for Senator shall not be eligible for election until they reach the age of 40 years and shall have served 2 terms, or 5 years, in their State or local government and were not convicted of, or are under current indictment for, any criminal act or ethical scandal.
  4. Senators shall not be allowed to serve if the Criteria for their being chosen, was proven in a court of law, to be weighted, biased or influenced by the candidate’s social status, wealth,  political power and/or if favors or emoluments of any kind, from any source, were exchanged or promised.
  5. A Senator may be removed from office by a two-thirds vote of their State legislature, and shall step down upon election of a replacement by their State Legislature.
  6. Should a permanent vacancy in a Senate Seat occur for any other reason, such as but not limited to, incapacity, death, resignation, impeachment, conviction of Senatorial ethics violation or criminal conviction the State Legislature shall appoint a replacement.
  7. In the event that the State Legislature does not appoint a representative to the Senate within ninety days of Election Day, removal date or the date of permanent vacancy, the governor of the State shall appoint an individual who fits the criteria of article III above, to fill the Senate seat for that term.
  8. Ratification of this amendment also ratifies the Amendment to Restore Representation to the people (Eliminate Political Parties) and vice versa.
  9. The Fourteenth Amendment does not apply to the States any of the provisions of the first eight amendments. (Supreme Court Justice Felix Frankfuter – 1959 case of Bartkus v. Illinois )

5. Property and taxes

  1. The right of ownership and stewardship of property and the right to privacy of information shall not be infringed by any taxation, or mandatory disclosure, of income, property or estate by Congress or any State, Territory or Protectorate of the United States.  The 16th amendment is hereby repealed in its entirety.
  2. No taxes, imposts, duties or excise – or exemption from same – shall be laid upon or collected directly from people, unless they are equal in rate on every person.   An equal rate excise tax on retail sales, over poverty level spending, shall be the [sole?] means of funding for the United States, the several States, protectorates and territories of the United States. [still collects more in total from the rich by virtue of more or larger purchases].   An equal amount rebate, or pre-bate, of excise tax, on retail sales, up to poverty level spending, shall be distributed to all citizens.
  3. All funding of government shall flow from the bottom up. The States shall collect the revenue, and distribute it according to the location of the revenue contributor [zip code]. The state’s communities (boroughs, Counties, parishes, towns, cities and the like) shall fund the State. The States shall fund the Federal Government, apportioned among the several states according to their respective representation.
  4. Top-Down mandates shall be funded by the level at which the mandate is created.
  5. The right to property shall not be denied by re-distribution of tax revenue, or other public funds, unless an equal amount is distributed to all citizens. [rebates or pre-bates of equal taxes for instance]
  6. The right to property and stewardship of property shall not be infringed by National or State government collection or allocation of funds which tax the many to benefit the few, such as but not limited to, any form of Largesse, Charity, Social Services, Foreign or Domestic aid, Insurance, Pensions… other than from strictly voluntary contribution with no coercion of any kind or funds used for solicitation of contributions. [the people and local communities can do this better]
  7. The right of the people to a free and unencumbered market may not be denied or abridged by wage, price or interest rate controls.
  8. The right to Liberty, the right of property Ownership and the right and responsibility of Stewardship of property shall not be infringed by direct or indirect control of persons or business or any aspect of the economy or market through unequal exemptions, loopholes, subsidies, favors, kickbacks, quotas or special treatment of any kind.
  9. The right to Liberty, Ownership and stewardship of Property, the pursuit of happiness, and a free and unencumbered market many not be denied by the United States or any State, Territory or Protectorate of the United States through statute, regulation, law, legislation, quota, proclamation, standards or actions – which create or foster dependency, sloth, crime, economic Monopoly, interference with the Free market, foreign and domestic, (such as, but not limited to, all forms of subsidies, import/export or any other financing, home or any other loans, insurance, guarantees, pricing, quota, interest or wage control), or adjudication according to foreign law and non-conformance with Foundational American Values.
  10. [Consumer protection]  The right to property shall not be abridged by willful deception in advertising, practices, sales or any aspect of bringing a good or service to the consumer.

6. Compensation

  1. Congressional/Senate/Presidential Compensation is to come from personal funds and/or voluntary contribution from individual citizens, who are eligible to vote and live in a Representative’s  district, a Senator’s State and in any of the Several States for the President and Vice President.  There shall be no contributions from foreign sources.
  2. [To prevent bribery and lobbying for favors] Total compensation and emoluments are not to exceed the mean income of their respective contribution area.   Staff compensation shall not exceed the reasonably equivalent private sector compensation.
  3. [To attract a virtuous citizen and prevent corruption,]  Other than a reasonable stipend for lodging, food, travel and administrative expenses, no Representatives of the People at the Federal Level shall receive public or private remuneration, pensions, in kind payment, positions of work, stock, favors, campaign contributions or special exemptions of any kind nor profit from inside information or legislation that favors their private interests.

7. Judicial Interpretation

  1. The Constitution shall not be usurped, changed or subverted by Judicial Interpretation, nor legal precedent. Constitutional Interpretations in individual cases shall not serve as general precedent.
  2. The Constitution shall remain the supreme Legal precedent over any court’s legal precedent or decisions.  On every question of construction and interpretation of the Constitution, conform to the most probable original intent in which it was adopted/passed.  If needed recollect the spirit that was manifested in its original debates.  Meaning may not be squeezed out of the text or invented against it.   Should there not be unanimous agreement, on Constitutional interpretation, by the justices of the Supreme Court, resolution must be through the Amendment and Ratification Process by the States as final arbiters.
  3. Justices shall retire from office, should they become incapacitated by mental or physical infirmity, reasonably anticipated to last for more than one year.

8. Civil Union

  1. The right of the people to Civil Union – defined as a domestic union of two individual human beings, not already in another union and not directly related – [prevents polygamy, incest, bestiality and possible tax evasion] shall not be abridged or denied by the United States or any State on account of race, color, gender/sex, age over 18 or State legal age of adulthood, Nationality, Religion, disability or sexual orientation.
  2. The term “Civil Union” shall henceforth be used instead of the term “Marriage” in all civil documents.  Henceforth, the term “marriage” shall be reserved solely for Religious Unions, which may be performed only by the Clergy.
  3. “Domestic Partner” shall be equivalent to “Spouse” for all civil legal purposes.
  4. Civil Unions shall be reciprocally recognized by the United States and the Several States, Territories and Protectorates of the United States, carry the same civil benefits, legal stature and responsibilities as those formerly assigned to the term “marriage” as used in civil documents.

9. Interstate Commerce and Marketplace

  1. The right of every State in this Union to a well regulated (practiced, smooth and error free in function) Interstate Commerce and the right of individuals or Businesses to a free and level marketplace shall not be denied by taxes, imposts, duties or excise – or exemption from same – laid upon or collected from any specific entity, that is part of a group of entities, unless equal in rate on all entities in the group.  [for instance a specific good or service or sector or industry or union or special interest etc..  An Excise/Transaction tax on retail sale is permitted if equal on all sales with no exemptions.]
  2. The government shall smooth out, facilitate and remove impediments to Interstate and International commerce and the free market and shall not, directly or indirectly, influence, disturb, interfere or deny Interstate and International commerce and the free market with, but not limited to, laws, subsidies, loans, sanctions, protective tariffs, risk management or exemptions.

10. Original meaning

  1. All words, grammar and sentence construction, in the Constitution and Amendments to same, shall be interpreted according to the applicable dictionary meaning at the time of their addition to the Constitution.
  2. To prevent misinterpretation and re-definition, critical words shall henceforth be defined in the Constitution.

•  Regulate – to direct or adjust, by rule or method, in order to make smooth, practiced and error free in function.

• Justice –

• Law  –  a rule of conduct, action, acting or not acting, a decree, edict, statute or custom, publicly established as a rule of justice.

• Natural Law – a law which is exactly fitted to suit with the rational and social nature of man; so that human kind cannot maintain an honest and peaceful fellowship without it.

10. Powers

  1. The role of the government of the United States was, is and shall be only to facilitate and not over-administrate.
  2. Oversight of the United States government is a managerial duty which was, is and shall reside solely with the Executive branch.   Based on Executive oversight recommendations, corrections in law shall be determined by Congress and adjudication of abuses shall be determined by the Judicial branch.
  3. Congress shall not further delegate nor cede the powers delegated to them by the people, in the Constitution, to anyone or anything – such as, but not limited to, other branches of the United States government, the United Nations or other International body, any person or group, bureaucracy, organization, government or entity, domestic or foreign.
  4. Congress shall make no law, nor shall the Executive issue any directive or order, for anything that can be accomplished by the People, their communities or the States, rather than the United States.  No level of government shall make any Law, directive, order regulation or system unless the government sub-divisions below that level, and/or the people, are insufficient to accomplish same.
  5. Government and representation only works in the small; all cities shall be divided into smaller townships with their own local government and police.  States, upon their request of Congress or popular referendum, shall be split into smaller states.
  6. Congress is granted only the powers explicitly enumerated in Article I section 8.    Congress shall LIMIT passage of  laws to only those which are absolutely “Necessary and Proper”, reasonable and cost effective, to fulfill those enumerated Powers and the tasks thereof.   The power to lay and collect taxes is solely for the enumerated powers and solely from the States.  All clauses such as “general welfare” or “necessary and proper” shall not be broadened to allocate any further powers to Congress, or to diminish the powers, granted in Article I section 8 .  The format of the enumeration is ‘a power’ for ‘a purpose’.   The power to tax for the purpose of the General Welfare shall not be construed as the power of making law in the name of the General Welfare.  The limitation, on the power of making laws, to only those that are absolutely “necessary and proper for carrying into Execution the foregoing powers” shall not be construed to be an expansion of powers to do anything, beyond the enumerated powers.  (see appendix A)   
  7. No agencies, departments, sections, or body of any sort may be created or maintained and no allocation/transfer of funds or legislation, laws, regulations, statues or any controls and enforcement shall be adopted unless for a duty/power explicitly enumerated (Listed) in Article I Section 8 or amendment to same.  The specific Constitutional authorization of power must be attached and publicly available for review for all of the above. 
  8. Should the assistance of the United States be deemed useful for a power or task not enumerated in Article I section 8, all funding shall come solely from voluntary contribution not influenced by penalties or coercion of any kind. (for example but not limited to unemployment and all forms of “safety net”, pensions, social services, charity, disaster aid, health care or any form of insurance or risk management, United Nations, International Monetary fund, Olympics etc.).
  9. No branch of government may cede sovereignty or military advantage, make a treaty with or participate in any foreign entity such as, but not limited to, organization, union, league, business, corporation, confederacy, bank, group or any form of global government unless the foreign entity, treaty or participation be bound by the Constitution of the United States.
  10. All laws, treaties and participation which violate the above are hereby declared null and void and unenforceable.

11. Explicitly grant worthwhile powers

Congress shall have the power to pass Laws which reasonably protect the people of the United States, the Several States, US territories and protectorates from

  • willful fraud and deception.
  • viral or bacterial epidemic
  • abridgment/denial of Natural rights and responsibilities.
  • a reasonable level and amount of environmental pollutants, which are scientifically proven, beyond a reasonable doubt, to be harmful to human life, if a human being is exposed to them for a realistic, and reasonable, amount of time, at or below the levels present or, beyond a reasonable doubt, imminent within 5 years.
  • dependency on government (promote the dependent into the mainstream of Social responsibility and opportunity)
  • breaking the intelligence of the free market

12. No government influence on media

  1. The freedom of the press/media [paper, electronic or any future kind of media] and its ability and obligation to tell the truth shall not be abridged or denied by direct or indirect government (domestic or foreign) participation in funding, advertising, ownership or influence of any media or media provider.

13. Constitutionality and Interpretation of Federal Law

  1. Whereas only Congress has the power to make law for the United States, so too shall the Interpretation of law be decided solely by Congress and no other branches of the United States Government.
  2. Whereas the Constitution and later Amendments are ratified by 3/4 of the several States, the Constitutionality of United States law shall be determined either by a 3/4 vote in the Senate, where representatives are elected by the legislatures of the several states, or by formal objection to Congress by 3/4 of the legislatures of the Several States. Additionally, with the same procedure, any law may be questioned and annulled.

14. Tort and Patent Litigation reform

  1.  No punitive damages shall be assessed or imposed, including as part of a compensation calculation, in any Torts.  [as the cost is always passed to the people (who should not be punished) and reflected in the prices of goods, services and insurance]. 
  2. In all cases including governmental, the losing party,  who brought a tort, lawsuit or other adjudicated legal matter before the court, shall also pay the legal fees of the other party, subject to accepted legal standards of reasonableness and the Lawyer and firm or agency shall be cited.   Three citations within a three year period shall put the licenses of the participating Lawyers on probation for a period of three years.  Another citation during that three year period shall result in the loss of all licenses for a period of three years.       
  3. There shall be no Patent aggregation nor accumulating or purchasing of Patents for the purpose of suing or stopping the use of said patents.  
  4. Patent lawsuits shall not be allowed unless the violation has brought a reasonable amount of damages to the business.  
  5. Patent rights may not be used to retard other inventions, in which the original patent is one of many in the other invention and not the key one. 
  6. Patents must be reasonably licensed and not used to exclude inventions from the market. 

Compensation, Jail

  1. After due process and conviction, the perpetrator(s) of a crime, or those financially responsible for the perpetrator(s) such as, but not limited to, their guardians, family, insurance, business, assets or trust and excluding public funds, shall pay just compensation for damages directly to the victim(s) and a reasonable compensation to the respective agencies for the people’s costs in apprehension, trial and incarceration – as determined ASAP by a panel of experienced Judges, 
  2. Should there not be sufficient funds from the above sources to compensate the above recipients, the prosecuting authority (e.g. Local, State or Federal) shall pay the difference to the recipients from public funds and recoup the amount from the perpetrator(s) work in or out of incarceration and if necessary private or public indentured servitude (see Amendment XIII) and those financially responsible until such time as the full amount is paid back.
  3. In lieu of incarceration, perpetrator(s), who have caused no damage may be punished by public shaming and/or with Lashes, not to exceed 39 or as limited by medical authority.  
  4. Murderers shall be put to death.  Until such time as legal appeals are exhausted the murderer will do compensatory work as above.  If the perpetrator(s) die(s), before compensation is paid, their debt shall fall on the perpetrator(s) assets and those financially responsible for the perpetrator(s).

17. Civic Duty and Good Behavior

  1. Eligibility to vote is optional and not conferred automatically.   Only citizens are eligible to vote.  To be eligible to vote, Citizens must have a working knowledge and understanding of the Declaration of Independence, the Constitution of the United States as written,  the writings and history of the Founders, the 10 Principles of Civilization of Moses, Foundational American Values, American history , The original US Constitutional Republican system of government,  the various other world systems of government and the differences in outcomes between government systems.     If a citizen or their property is receiving or benefiting from any level of government subsidy, grant or any form of charity, they are not eligible to vote in that level of government due to a conflict of interest.      
  2. All Citizens who are eligible to vote, must vote.  Not voting in three consecutive local, state or Federal elections shall be punishable by three years non-eligibility to vote.  
  3. Congress shall make all laws necessary to reliably verify voters, keep their individual votes secret but re-countable, make voting as easy as possible through modern technological or other means and use data only in the aggregate and not  use or disclose any individual information for any purpose other than in an emergency situation of medical epidemic or foreign attack. 
  4. Political ethics are just as important as Medical ethics.   All branches of Government and associated personnel shall tell the truth, the whole truth and nothing but the truth, without deceptive language or deceptive alteration of meaning, except in matters of explicitly noted National Security Secrets upon which they shall remain silent or noncommittal.

 Chain of Responsibility

  1. The civic and moral responsibility/duty of the people to care for children, the elderly, the infirm, the unemployed and the disabled shall not be abridged by the United States, the Several states, nor Territory or Protectorate of the United States.  The responsibility of care falls as follows:  parents for children and adult children for parents.  If insufficient, then immediate family, next of kin, local community, Religious/ fraternal/ethnic or other affiliation, Charitable organization and only, if all other sources prove insufficient, the larger community.    

18. Education

Foundational American Values (FAV) shall be taught to everyone living in the United States, its Territories and Indian Reservations. No aspect of education other than the requirement and testing for FAV and Civics is to be funded, controlled or influenced by the United States. FAV shall be graded on participation and absorption not merely achievement on tests.  Civic and moral projects, to teach responsibility and practice FAV, shall be required and graded on achievement of positive results in line with FAV.   All Government and Legal, systems, regulations, edicts, pronouncements, interpretations and law which affect the people of the United States or the Several States must conform to FAV.

20. Stable Currency and ending inflation

Within the United States, its territories and protectorates:

  1. The sole lawful money shall be coinage of precious metal – gold or silver or platinum – at the set weight of xx oz/grams of gold and xx oz/grams of silver and xx oz/gram of Platinum to the dollar. [to be determined and fixed by Congress]
  2. Promissory United States Treasury Certificates, in any media protected from counterfeiting, redeemable in precious metal coin deposited in the US Treasury, maintained at 100% reserve, shall be issued by the United States Treasury and circulated as tender for all debts public and private. There shall be no other legal tender.
  3. There shall be no Fractional Banking.  Banks must maintain 100% reserve.
  4. The Federal Reserve may act only as a clearance bank with no other authority.
  5. Interest rates shall be set by free market supply and demand.
  6. All currency shall transition from Federal Reserve Notes to United States Treasury Certificates redeemable in gold and silver coin held in the United States Treasury.
  7. All Loans and credit shall contain an adjustment factor for inflation and deflation [according to index and calculation determined by Congress].
  8. All US Treasury Certificates in any media and coinage shall be reserved and retained.
  9. All foreign transactions, shall use only Federal Reserve Notes, [whose value and interest rates can be manipulated by the government to counter manipulation by Foreign entities of their currency].
  10. Excess Deflation shall be addressed periodically by many to one exchange for New Treasury Certificates.


2. Quasi Religions

Congress shall make no law, or body of laws, respecting the establishment of quasi-religions in any form of: Human Supremacy such as Atheism; Group Supremacy such as Collectivism, Socialism, Communism, Fascism, Nazism, or Political Islam; Earth or Animal Supremacy such as Environmentalism.

1.  The Constitution is the Supreme Law of and throughout the United States (inclusive of USA, United States of America, the Several states, Indian Territories, DC etc.).  Common law must conform to the Constitution.   If it is not written into the Constitution or added through amendment it is not legal.

2.  The Federal government’s total yearly tax and borrowing shall never exceed 30% (?) of GDP as calculated by (the following…) and the maximum total tax rate shall not exceed 20%, except temporarily in times of National Emergency not to exceed five consecutive years.

3. The right of the people to stewardship of property shall be preserved by reasonable and efficient allocation and usage of tax funds delegated to the government (Treasury) by the people or the States.

4. All individual information is private and other than for secure identification may be used only in the aggregate stripped of identifying data.

5. There shall be no form of taxation that requires revealing income or financial transactions, other than trades or purchases.

Government shall not enact or allow to stand any laws, legislation, court rulings, statues, directives, taxation, duties, excises or mandates that would violate any of the the above amendments.

Appendix A

The Supreme Court committed a grievous error in interpretation of “General Welfare” and “necessary and proper” clauses.  Thomas Jefferson was very clear that only the power to lay and collect taxes was given to the government.  That power’s purpose was to provide for the payment of debts and the general welfare of the Union.  It did not grant the government the power to lay taxes, for any purpose they pleased, or grant the power, to do anything they pleased, in the name of “general welfare”!

“1…  to lay taxes to provide for the general welfare of the United States, that is to say, “to lay taxes for the purpose of providing for the general welfare.” For the laying of taxes is the power, and the general welfare the purpose for which the power is to be exercised.  They are not to lay taxes ad libitum for any purpose they please; but only to pay the debts or provide for the welfare of the Union.  In like manner, they are not to do anything they please to provide for the general welfare, but only to lay taxes for that purpose. To consider the latter phrase, not as describing the purpose of the first, but as giving a distinct and independent power to do any act they please, which might be for the good of the Union, would render all the preceding and subsequent enumerations of power completely useless.

It would reduce the whole instrument to a single phrase, that of instituting a Congress with power to do whatever would be for the good of the United States; and, as they would be the sole judges of the good or evil, it would be also a power to do whatever evil they please.  It is an established rule of construction where a phrase will bear either of two meanings, to give it that which will allow some meaning to the other parts of the instrument, and not that which would render all the others useless. Certainly no such universal power was meant to be given them. It was intended to lace them up straitly within the enumerated powers, and those without which, as means, these powers could not be carried into effect.

2. The second general phrase is, “to make all laws necessary and proper for carrying into execution the enumerated powers.” … the Constitution allows only the means which are “necessary,” not those which are merely “convenient” for effecting the enumerated powers. If such a latitude of construction be allowed to this phrase as to give any non-enumerated power, it will go to everyone, for there is not one which ingenuity may not torture into a convenience in some instance or other, to some one of so long a list of enumerated powers. It would swallow up all the delegated powers, and reduce the whole to one power, as before observed. Therefore it was that the Constitution restrained them to the necessary means, that is to say, to those means without which the grant of power would be nugatory –Thomas Jefferson on the Constitutionality of a National Bank -1791

James Madison raised prescient objections to the General Welfare clause.

“If Congress can apply money indefinitely to the general welfare, and are the sole and supreme judges of the general welfare, they may take the care of religion into their own hands; they may establish teachers in every state, county, and parish, and pay them out of the public treasury; they may take into their own hands the education of children, establishing in like manner schools throughout the union, they may assume the provision for the poor; they may undertake the regulation of all roads other than post roads; in short, every thing from the highest object of state legislation, down to the most minute object of police, would be thrown under the power of Congress; for every object I have mentioned would admit the application of money, and might be called, if Congress pleased, provisions for the general welfare.”

And he was right, every one of the dire consequences has occurred.  As Madison concludes: “… In short, sir … I venture to declare it as my opinion, that were the power of Congress to be established in the latitude contended for, it would subvert the very nature of the limited government established by the people of America…


2 Responses to “Avoid a crash. Drive the CARR – Constitutional Amendment Repeal and Repair”

  1. Hello;
    The complexity of this "amendment' will never be considered. Your re-iteration of what is already clearly written in the Constitution is not necessary, and as to the President being raised with Foundational American Values. Who is going to be the judge of that? And are we selecting our Presidents from birth now instead of voting for them at the ballot box. The Constitution already covers our President, Senators and Congressman in telling the truth. It is called good behavior, it is in every article concerning these groups, and it is an impeachable offense, however, without having men of character being elected to begin with we will never have that. That is why it is up to the people to become educated and vote their principles rather than for party.
    Further, in another part of your incredibly long and extensive soap boxing you claim there needs to be term limits. Term limits are a way for assuring that the People of the United States can be lazy and not do their duty by keeping up with what is going on in their own government and their elected officials. A true term limit is what we have, vote them out if they do wrong. That sends a stronger message then a "Term Limit". Ask Senator Lugar.
    I have not yet found anything in your diatribe concerning the Electoral College. I would like to know your thoughts on that.

  2. admin says:

    You are correct that "it is up to the people to become educated and vote their principles". However, the people have been educated with Socialist rather than Foundational American principles. Use this site to educate those people. "The complexity of this "amendment' will never be considered" Yes, there is a lot of material in the CARR post. This is the kitchen sink from which we will refine the essential amendments. I will enumerate the amendments to make this clearer. "Your re-iteration of what is already clearly written in the Constitution is not necessary" I wish that were so. It is not clear to the Supreme Court. "Good Behavior" has also been subjected to interpretation. Term limits are set forth as a temporary measure. And, the result you mention is already happening without them. The States elect the President through the Electoral College. If the people become the direct electors we would no longer have a Republican government as guaranteed to the States in Article IV section 4 of the Constitution. Democracy, where the majority rules, always results in the majority raiding the wealth of the minority and the eventual ruin of the country.