Topic category: Government/Politics
Fixing the Federal Mess
Part 3 of 4: Constitutional Amendments to Restore and Safeguard our Constitutional Republic
In Part 1, Understanding the Mess and Why it Must be Fixed, the mess our federal government is in was described and its roots attributed to unconstitutional governance over much of the past 90 years. Part 2, Eliminate or Devolve Unconstitutional Programs/Departments/Agencies described the harsh steps needed to restore our constitutional republic and move the federal government away from its 90-year long unconstitutional path. This part describes amendments designed to safeguard and assure the long-term survival of our constitutional republic by preventing the abuses of the past 90 years from ever occurring again.
Needed amendments are of four types:
For each type, a list of proposed amendments follows together with ad brief description of advantages/purpose. The wording of the amendments is left for a future commentary.
I. Congressional Reform:
The 17th Amendment which called for popular election of Senators destroyed checks and balances built into Congress between the House (designed to represent the interests of the People) and the Senate (designed to represent the interests of the States). By having State legislatures appoint Senators, our Constitution brilliantly created a check and balance to assure State governments had representation in the Federal Congress to check unconstitutional extension of federal power. The original selection of Senators acted not only as a check and balance with the People's House of Representatives, but also served as a powerful restraint on over-zealous and unconstitutional Federal legislating. A key cornerstone of the early progressive movement was to eliminate this restraint by removing participation of State governments in Federal matters. The 17th Amendment has had disastrous consequences with rampant unconstitutional legislating being the norm for much of the 20th century following its ratification in 1913. Repeal would restore checks and balances within Congress and give States their proper representation in Washington. It is imperative the Senators who pledge to support repeal of the 17th Amendment be elected to office in 2012.
This amendment would eliminate re-election to office in each branch of Congress. Members of the House and Senate would be prohibited from seeking another term in the legislative body to which they were elected. This amendment would not prevent any person holding office when this Article becomes operative from serving the remainder of the term to which they were elected or appointed, nor would it prohibit one holding elective office in one body of Congress from seeking office in the other body. Members of the House serving their first term of office at the time of ratification would be permitted to seek one more term. The advantage of a single term is the elimination of re-election politics, reduction of the power of lobbies, increased participation by citizens, and lower costs for election to Congress.
The term of office for members of the House of Representatives would be changed from two to four years. One-half of each State's Representatives would be chosen every second year, staggering representation similar to how the Senate terms are staggered. State legislatures would determine which Congressional districts would fall into each election cycle. This change is in response to the single term limitation for elective office in Congress and offers House members a full four years of service in the House.
II. Constitutionality:
Amend Article 1, Section 8 as follows:
Article 1, Section 7 of the Constitution would be amended to require:
All Presidential Executive Orders are abolished as having no authorization under any provision of Article II (President) of our Constitution; and all existing programs, agencies, and regulations arising from any Presidential Executive Order are abolished upon ratification of this Amendment. After ratification of this amendment, any attempt by a President to issue an Executive Order shall be sufficient to warrant impeachment and removal from office.
III. Budget & Tax Rates/Taxes:
Prior to each fiscal year, the President must transmit to Congress a balanced budget that limits outlays to 18 percent of GDP. Congress must pass a balanced budget except:
Amendment to implement the Fair Tax proposal (repeals 16th Amendment establishing the income tax)
The Fair Tax is a national sales-tax based proposal that would "abolish all federal personal and corporate income taxes, gift, estate, capital gains, alternative minimum, Social Security, Medicare, and self-employment taxes and replace them with one simple, visible, federal retail sales tax administered primarily by existing state sales tax authorities". The costly, inefficient federal income tax system would be scrapped in favor of this simplified national sales tax. Additional information about the Fair Tax is contained in a Research Study performed by The Beacon Hill Institute at Suffolk University.
IV. Defense of Liberty:
Amend our Constitution to guarantee that every person shall be free from a requirement to join a professional, trade, or union organization requiring the mandatory payment of dues or dues-equivalent in lieu of dues to any entity, whether governmental or private, as a condition of employment.
Amend our Constitution to prohibit federal tax revenues from being dispersed to any private organization. Currently, tax revenue is being given to controversial private organizations (e.g., Planned Parenthood), which forces citizens to support organizations having goals and activities with which they strongly object. This is a fundamental violation of the right of the People to determine which private organizations they support. This practice is clearly unconstitutional as there is no current authority in our Constitution that allows the federal government to make such contributions or grants.
The above amendment proposals, if enacted, would immediately strengthen our national economic position, bolster the value of our currency, and put our nation firmly back on track as a constitutional republic. At the same time, they would make it unlikely that any future attempts by the regressive "progressive" movement to usurp constitutional authority through unconstitutional governance could succeed.
This series is summarized in Part 4, Where do We Go from Here?, the final installment of this four-part series.
Bob Webster
WEBCommentary (Editor, Publisher)
Biography - Bob Webster
Author of "Looking Out the Window", an evidence-based examination of the "climate change" issue, Bob Webster, is a 12th-generation descendent of both the Darte family (Connecticut, 1630s) and the Webster family (Massachusetts, 1630s). He is a descendant of Daniel Webster's father, Revolutionary War patriot Ebenezer Webster, who served with General Washington. Bob has always had a strong interest in early American history, our Constitution, U.S. politics, and law. Politically he is a constitutional republican with objectivist and libertarian roots. He has faith in the ultimate triumph of truth and reason over deception and emotion. He is a strong believer in our Constitution as written and views the abandonment of constitutional restraint by the regressive Progressive movement as a great danger to our Republic. His favorite novel is Atlas Shrugged by Ayn Rand and believes it should be required reading for all high school students so they can appreciate the cost of tolerating the growth of unconstitutional crushingly powerful central government. He strongly believes, as our Constitution enshrines, that the interests of the individual should be held superior to the interests of the state.
A lifelong interest in meteorology and climatology spurred his strong interest in science. Bob earned his degree in Mathematics at Virginia Tech, graduating in 1964.