A Modest Proposal For Restoring The U.S. Constitution

THE FOLLOWING IS INTEND FOR THE PURPOSE OF ENCOURAGING PUBLIC DEBATE

This post assumes the reader has some familiarity with Natural Law — specifically as I have addressed the issue on this blog.  It also assumes the reader knows that I know the following are just suggestions offered for the sake of starting a conversation and do not represent an exhaustive attempt at describing specific language.  This post will be and on-going effort and, as such, will be continuously updated as the discussion and my thinking evolves.

This nation is not and was never meant to be a ‘democracy.’  Democracies are a form of tyranny, and this nation was designed to protect the individual against tyranny.  This is why our Founders designed our system of government in the form of a republic.  The facts are: voting is not a Natural Right, and democracy is not essential to the preservation of individual rights.  This can be accomplished without anyone ever voting for their representatives, as I intend to demonstrate shortly.  First, however, we need to remember two more essential points.  Those are that the Federal government is not a national government.  With a few exceptions mentioned in the Bill of Rights, the Federal government’s authority is restricted to governing the States and the States alone — not the People as a whole.  This makes the United States a Federation, not a nation.  Finally, the Founders considered the Declaration of Independence to be the foundation upon which the Constitution was built and never intended for the two to ever be severed.  Therefore, we start by restoring the Declaration to its proper place, and once again making it the ‘what‘ and the ‘why‘ of America, and the Constitution merely the ‘how.’

With all this being stipulated, I hereby propose that we Amend the Constitution along the following lines:

THE PRESIDENT

Proposal: We return to allowing the States to elect the President — per original intent.  Every Presidential election, each State government will vote for two names: one from within their State and one from outside their State.  These names will be sent to the Electoral College and tabulated. The Vice President will be the first runner up in the vote tally.

Rational: The Federal government is meant to govern the States, not the People.  Therefore, it is the States who should be electing the President and not the People.

SENATORS

Proposal: Take the election of Senators back away from the People and return it to the States — as per original intention.

Rational: Same as for the President: the Senate was always intended to represent States’ interests in the Congress and, therefore, should be elected/appointed by the States.

REPRESENTATIVES

Proposal: That the direct election of Representatives be ended and representatives be appointed by random drawing from among all those registered voters who are of sound mind and body.  This would be mandatory service, the refusal of which would result in the permanent loss of all future voting rights.

Rational: By drawing from the registered voters who are of sound mind and body, the People would truly be represented.  Furthermore, Party politics would essentially be ended.  And, on top of all this, the use of public education as a means of furthering political agenda would have to end — especially since it would now be imperative that the largest possible part of the population be as well educated as possible as a safe-guard against the possibility of anyone among the citizenry being appointed to participate ion the Federal government.

VOTING REFORM

Proposal: We should make voting a privilege connected to ownership of real estate upon which the voter pays taxes, or military service during a time of war.

Rational: The intention is to restrict the vote to those who will actually pay for the consequences of public policy.  By doing so in this way, we can deal with the problems of voter manipulation and intimidation, as well as the tendency to bribe voters — all of which serve to undermine the moral fiber of the individual citizen for the political gain of a Party or individual politician while — at the same time — allowing multiple avenues by which individual citizens who are so inclined to accept the responsibility may obtain the civil right of voting.

TERM LIMITS

Proposal: All public administrative service shall be limited to no more than 12 years total, whether in local, State or Federal government.  This restriction would extend to all administrative positions — including the Judiciary!  This restriction would not apply to military, law enforcement, emergency service, education, etc..

Rational: The intention here is to maintain a citizen government where no one person is allowed to serve so long as to become a threat to the Federations, States or local regions.  Furthermore, by including administrative services under representative positions, it insures against the formation of a de facto governing body inside the staff of the representative services.

CAMPAIGN FINANCING

Proposal: That donations should be unlimited, but can only be given to those candidates for whom the person giving the money can vote in the next election.

Rational: The purpose here is to eliminate meddling in elections where the meddler cannot vote.  Even if we are all American citizens, there is no difference — in principle — between being allowed to donate to an election in another State or district within our own State than there is in a foreign country donating to a U.S. candidate.  Furthermore, by restricting the civil right of voting to those people who can actually vote for the candidate, we eliminate PACs, corporate donations, lobbying, etc — all of which serve only to circumvent campaign finance laws and corrupt our system in general.

LEGISLATION

Proposal: All Bills must be written to address one single subject.  Furthermore, they must specifically sate which of the enumerated powers authorizes the law, as well as a rational arguing for how and why that enumerated power applies.

Rational: The purpose here is to restrict the Federal government by limiting its ability to enact laws to only those areas which the Constitution expressly authorizes the Federal government to act.  It also limits the Federal government’s ability to manipulate the passing of any law by bundling one or more laws into a single bill.  Furthermore,  the explanation as to which of the enumerated powers applies and why would provide the judiciary clear indication of intent in the case of Constitutional review.

Proposal: Every law must stipulate a termination date, upon which that law will become null-and-void.  Furthermore, no law may remain in force for more than 20 years.

Rational: This limits all laws to the generation that enacts them and prohibits the past from dictating to the present.

Proposal: Any vote to simply continue an existing law must be passed by a three-fourths majority of both Houses of Congress.

Rational: This is to insure against the practice of just voting to continue existing laws, thereby avoiding the spirit of the 20 year restriction on any given law.

MONETARY POLICIES

Proposal: The Federal Reserve will be immediately abolished and any attempt to return to it will be expressly prohibited by Amendment.

Rational: The Federal Reserve is unconstitutional in that this is a Federation and, therefore, does not need a central bank.  Neither is the establishment of a central bank within the authority of the Federal government.

Proposal: The nation will be returned to something akin to the gold standard, wherein the People’s money will have an intrinsic value that is not subject to manipulation by the banking system.

Rational: The purpose here is to prevent the People’s money from being artificially devalued, especially for purposes of control, manipulation or un-just gain by those who control the means of manipulating the monetary system.

TAXATION

Proposal: The Federal income tax will be immediately ended and permanently banned.  In its place, a per-capita tax will be levied against each State, and the States will be left to determine how each will raise the monies to pay their share of the Federal support.

Rational: The Federal government is a government of the States, and, therefore, has no authority nor should have authority to directly tax the citizens.  This is an encroachment upon the State’s authority.

Proposal: No tax shall be levied by the States or Federal government that benefits a person, company, class or other specific interest at the expense of another.

Rational: This is the same as the prohibition of forced or indentured servitude.  Any and all taxes that take from one citizen to give to another is essentially a violation of Amendments already in place.  This will just make this doubly clear.

NOTE: This would end Social Security and Welfare of all forms.

ESTATE AND INHERITANCE TAXES

Proposal: There will be no estate or inheritance tax.

Rational: Taxing either of these is double taxation, which is a direct assault on the fundamental principle of property rights.

ESTATE AND INHERITANCE LAWS

Proposal: All estates must be divided equally among all heirs in a person’s immediate family.

Rational: This is a return to original intent.  The purpose is to prevent the perpetuation of civil animosity through the distribution of a family’s estate.  It is also a Natural Rights means by which large estates are allowed to live or die according to the natural talents of all heirs within the family.  This serves as a safe-guard against the establishment of a ‘dynasty’ that can threaten the People or their governments.

LIVING TRUSTS

Proposal: There will be no such thing as a ‘living trust.’  All estates will be divided equally among immediate heirs.

Rational: Simple: the dead shall not dictate to the living — period!

CORPORATIONS

Proposal: The Corporate Structure will be permanently abolished and replaced by that of the Charter Company.  All Charter Companies must apply for the People’s permission.  They must be for a single purpose.  They cannot exist for more than 20 years and cannot — under any circumstances — be extended for longer than 20 years.  All share holders will collect cash payments based on the number of shares they hold.  Regardless of the number of shares they hold, all share holders will have 1 vote in corporate operations.  Any civil liabilities incurred by a corporation will be paid equally by all shareholders — personally; the cost is not to be spread according to the number of shares held.  Furthermore, the Charter structure cannot be used to shield any share holder or board members from criminal liability.  Any such person connected to the Charter who is found to have committed a crime in connection to the operation of the Charter is to be treated as a normal defendant regardless of their connection to the Charter.

Rational: As it stands today, the Corporate structure has been allowed to grow to the point where it represents a clear and present danger to the Federation as well as to the Natural Rights of every citizen.  These restrictions are intended to force a return to co-ops and to individual accountability of the ownership.  The primary goal is to provide equal representation for all share holders so that one person cannot act as a de facto dictator where the share holders serve no practical role other than to give money to and collect money from the Charter.  Furthermore, this suggestions is intended to end the practice of using the Charter (formerly Corporate) structure to escape personal responsibility by holding the Charter responsible for the actions of real people.

 

[NOTE: Most of this is all off the top of my head.  As of this point, I have not given this deep thought.  That said, all of what I have offered here is tied to the notion of Natural Rights and Natural Law — as I understand it (think John Lock with a bit more of the Apostle Paul in it)].

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