"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
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 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 granite as a foundation the skyscraper would collapse. So too modern society without the ancient principles.
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. The first 10 amendments (The misnamed Bill of Rights) 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 as the 16th and 17th have already done.
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.
If anything it is an Amendment Convention and I will refer to it as such from here on in. Once you throw off the misleading language you realize that the fears are overblown.
Language is changed to confuse the people and keep the Socialists in power.
Even the official government literature of the Federal Register incorrectly calls the Convention a "Constitutional" Convention. Using this misleading language casts inappropriate fear and prevent States from regaining their Constitutional power through an Amendment Convention.
Whether these specific amendments are proposed or whether all sorts of Amendments are proposed depends entirely on a wise choice of delegates and whether the people and the delegates are educated by this Society Project.
Even if all sorts of Socialist 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 only.
“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. “
The following is a * DRAFT * of the CARR Amendments.
1) The 16th and 17th amendments are hereby repealed in their entirety. Among other reasons, they:
- Created a Socialist Democracy form of government in violation of Article IV, section 4 which guarantees “to every State in this Union a Republican Form of Government”.
- Annulled the powers of the Several States and the representation of the Several States in the Senate which must balance the power of the United States and the representation of the people in the House and which allowed for review of the Constitutionality of legislation by representatives of the Several States in the Senate before passage.
- Allowed taxation to infringe the right to property and stewardship of property.
2) The right of the people to individual and community representation in government shall not be denied by aggregation of power and/or representation into parties or factions. No party or faction may participate in the Political process. No person who is a member of any political party or faction, may hold government office.
3) The freedom of the press/media [paper, electronic or any future kind of media] shall not be abridged by direct or indirect government, party or faction participation in funding, ownership or influence of any media or media provider.
4) The right to property shall not be abridged by any taxation of income, property or estate. No imposts, duties or excise – or exemption from same - shall be laid upon or collected from people, unless they are equal in rate on every person. [an equal rate excise on sales collects more in total from the rich by virtue of more or larger purchases]
(rates must be made equal or they would interfere with interstate commerce)
No imposts, duties or excise – or exemption from same - shall be 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. ]
[Excise/Transaction tax on retail sale is permitted if equal with no exemptions]
5) The right to property shall not be denied by re-distribution of funds unless an equal amount is distributed to all persons. [rebates or pre-bates of equal taxes for instance]
6) The right to Liberty and Property and 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.
7) The United States shall not fund the several states nor create or maintain unfunded mandates. All taxes, excises, imposts and duties shall be collected by the several States and apportioned to the Federal government by representation percentage.
The right to Liberty, Property (the pursuit of happiness) and a free market many not be denied by statute, regulation, law, legislation, quota, proclamation, standards or actions which create or foster dependency, sloth, crime, 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 or non-conformance with Foundational American Values, or by fiat money.
9) No agencies, departments, sections, or body may be created or maintained and No allocation or 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 to all of the above.
The government is delegated only necessary and proper powers from the People and the several states solely to accomplish explicitly enumerated duties/tasks and no other. All clauses such as "general welfare" and "necessary and proper" applies only to the enumerated tasks and shall not be broadened to allocate any further powers to the United States not granted explicitly in Article I section 8. (see appendix A)
10) Whereas the Constitution and later Amendments are ratified by 3/4 of the several States, the Constitutionality of any law shall not be decided by the Supreme Court of the United States but rather shall be questioned and the law annulled by either a 3/4 vote in a Senate elected by the legislatures of the several states or by formal objection by 3/4 of the legislatures of the Several States.
11) The right to property and stewardship of property may not be infringed by National or State government collection or allocation of funds for 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]
12) Just compensatory damages are due from the perpetrator of a crime directly to the victim of the crime after due process and trial by jury of peers. In addition, reasonable direct compensation to the respective agencies for the people's costs in apprehension, trial and incarceration.
The right to property shall not be denied by imposition of any damages except compensatory [the value of an eye in compensation for an eye, the value of a leg in compensation for a leg] as the cost is always passed to the people and reflected in prices for goods and services.
13) The right to free exercise of Religion may not be denied on public property or by allocation of public monies.
14) Good Behavior - 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.
15) Foundational American Values (FAV) are key to maintaining society and must be taught to everyone living in the United States, its Territories and Reservations. No other education is to be funded, controlled or influenced by the United States.
FAV are the standards of right and wrong in the United States and territories. All Government and Legal, systems, regulations, edicts, pronouncements, regulations, interpretations and law which affect the people of the United States or the Several States must conform to FAV.
16) No branch of government may cede any sovereignty or military advantage to or 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 and is in line with FAV. All treaties and participation which violate the above are hereby declared null and void and unenforceable.
Clarification
As to Interstate Commerce, the word Regulate is to be interpreted only as "practiced, smooth and error free in function" as in "a well regulated Militia". The government is only authorized to smooth out, facilitate and remove impediments to Interstate and International commerce and the free market and never to influence, disturb, interfere or deny Interstate and International commerce and the free market with, but not limited to: laws, subsidies, loans, protective tariffs or exemptions.
As to the right of the people to keep and bear arms: all citizens of the United States (and all its names and aliases) or the several States may own, keep, use and carry (including concealed), arms for their protection after reasonable training in their safe use. Congress may issue reasonable safety guidelines.
All responsibility for damages or criminal acts is to be borne by the user of the arms after due process of law. The owner of the arms may also be held liable unless the arms/weapons were stolen and reported in a reasonable manner and time.
Congressional/Senate/Presidential Compensation is to come from personal funds and/or voluntary contribution.
To prevent bribery and lobbying for favors, total compensation and emoluments are not to exceed the mean national income.
Any funds over the limit will be returned to the contributor. Staff compensation shall not exceed the reasonably equivalent private sector compensation.
(Religion is regulation and scrupulous attention to rituals. Rituals are a set of actions that are performed regularly. Religion is motivated by faith but is about action. At a certain point a body of State/Government regulations can become a State quasi-Religion)
Congress shall make no laws respecting the establishment of quasi-religions such as Atheism or any form of Human Supremacy; Collectivism, Socialism, Communism, Fascism or any form of Group Supremacy; Environmentalism or any form of Earth or animal Supremacy.
Original Intent
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.
The Constitution is the supreme Legal precedent over any court's legal precedent or decisions. The Constitution shall not be changed or subverted by legislation nor by court rulings or legal precedent.
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 interpretation, resolution must be through the Amendment process as final arbiter not by the Courts.
The Federal government's power and control may never exceed 18%?
Whereas Money must be a commodity with a stable intrinsic value that is exchangeable for all other goods and services, the sole lawful money of the United States, it's territories, protectorates and the Several States shall be coinage of gold or silver at the set weight of .??? oz of gold and ? oz of silver to the dollar.
Promissory [Paper/Electronic] United States Treasury certificates redeemable in gold coin deposited in the US Treasury and maintained at 100% reserve shall also be issued and circulated as tender for all debts public and private.
There shall be no other legal tender.
Should gold reserves be scarce, an equivalent value of platinum may be substituted.
There shall be no Fractional Banking. Banks must maintain 100% reserve.
All currency must transition from Federal Reserve Notes to United States Treasury Notes redeemable in gold and silver coin held in the United States Treasury.
The right of the people to stewardship of property shall be preserved by wise and frugal allocation and efficient usage of funds delegated to the government (Treasury) by the people or the States.
Unless enumerated in Article I section 8 of the Constitution (e. g. postal roads, military, smoothing of interstate commerce and naturalization ) all other programs engendered, run or assisted by the government are to be discouraged but if allowed, be funded solely by voluntary contribution of the citizens. (for example but not limited to unemployment and all forms of "safety net", pensions, social services, charity, military/foreign/disaster aid, health care or any form of insurance, United Nations, International Monetary fund, Olympics etc.).
(Congress is to transition out of all laws legislation, statues and directives which violate the above.)
Government shall not enact or allow to stand any laws, legislation, court rulings, statues, directives, taxation, duties, excises or mandates that would violate the above.
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 for the 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…"
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[...] THE ONLY WAY TO CORRECT THIS ATROCITY IS TO REPAIR THE CONSTITUTION AND RETURN THE BALANCE OF POWER. If not then all the blood spilled in the Revolutionary and Civil war will have been for naught. [...]
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.
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.