reply to post 51
Check this out
http://freetexasconstitution.wordpress.com/
It outlines concepts that could be incorporated into the new Texas Constitution.
A person meets the requirements of residence if they were living in Texas at the time of secession or have met the requirements of naturalization.
A person meets the requirements of ownership if they own a residence of at least 1000 square feet with plumbing and electrical utilities constituting a kitchen and bathroom OR if a person owns at least one acre of land OR owns a business that pays taxes equal to or greater than 10% of the average tax bill for all businesses in the state.
A person meets the requirements of employment if they have received in payment for services rendered or goods received an amount greater than 10% of the average income for the previous year. A person does not meet the requirements of employment if their sole source of income is a salary issued by a government agency.
A person meets the standard of self sufficiency if they have not, for five years prior to the day the ballot has been cast, received payment from the government except as a refund for overpayment. This includes any government guaranteed loan.
A person meets the standard of tax payment if they have remitted to taxing authorities an amount equal to 10% of the average of all tax payments.
Fraudulently casting a ballot when these requirements have not been met constitutes an act of treason against the state. Attempting to aid another person circumvent these requirements through fraudulent means constitutes an act of treason.
Some things I think would need to be clearly & simply spelled out:
We should distrust the "Republic of Texas" as did the founders of any central government. A Republic of Texas would have the same pressures to extend its power and influence over the people as any other government in the history of the world. All should flow from the basic premise that God has given men certain unalienable rights. Man, inherent from his Creator, has certain unalienable rights and power including life, liberty and the peaceful pursuit of his own happiness. The Republic of Texas has no inherent rights or powers except those delegated it by the People of Texas. The Republic of Texas is LIMITED by those powers ENUMERATED in the Texas Constitution, DELEGATED to it by the people.
What will be the main decentralization units (maybe the Counties)? Then, the powers not delegated to the Republic of Texas by the Constitution, nor prohibited by it to [the Counties] are reserved to the [Counties], respectively, or to the people. (Revised 10th Amendment.)
Repetition is not a bad thing, but necessary, in law because courts tend to construe law for their own purposes. It should be therefore, be plainly expressed that the "Bill of Rights" is not an enumeration of rights to the [Counties] and people. Those powers which are NOT in the Bill of Rights remain reserved for the [Counties] respectively, or to the people, unless otherwise delegated to Texas by the Constitution or prohibited by it to the [Counties].
Another problem with having an extensive Bill of Rights is enforcement by the Government. This is how the Communist countries operate and is counterproductive. The purpose of a Bill of Rights should be to simply clarify certain details as a proscription against the Government of Texas, NOT as an excuse for Texas to enforce every perceived violation among the [Counties] or people. Each [County] should have its own rules of government as the people of the [Counties] choose. The only thing the Government of Texas should have to power to do is DEFEND its citizens from attack from a foreign nation or, mostly in the courts rather than legislatively, from interference of an individual’s life, liberty, or peaceful pursuits by another.
I would outlaw the income tax because it allows the government to use the tax for social engineering (even within the "progressive" prohibition) and way too much intrusiveness into people’s personal lives and also allows an oppressive enforcement regime (the U.S. IRS, for example) counter to a free society. A flat Retail Sales Tax would inherently be much less intrusive and simpler and have fewer drawbacks. One drawback to watch out for however would be government attempts to fix or otherwise monkey around with prices to try to maximize their revenues. Texas would need to be prohibited from ALL ECONOMIC ENGAGEMENT EXCEPT to settle SPECIFIC DISPUTES between [counties].