Posted on 04/15/2010 6:13:28 AM PDT by K-oneTexas
Good post, thanks!
Repeal the Commerce Clause and our problem is solved.
It’s a damn shame that the constitutional amendment that supposedly gives soverienity to the States wasn’t written with more clarity and specificity. Seems almost like it was written with intentional ambiguity so that the Federal government could interpret it as they choose. Either that or they just couldn’t foresee a time when dishonesy and deceipt in government (and society) would become a national virtue.
Here Here!
What good is personal freedom without economic freedom? The republic is dead. You heard it here first.
All things not delegated to the federal government, are reserved to the commerce clause period.....welcome to tyranny.
I am heartened by the fact that more states are considering resolutions and laws protecting their citizens from the federal “health care” law than are required to call a Constitutional Convention.
Personally, since any proposed changes to the Constitution that would come out of any Convention would still have to be ratified by a super-majority of the States, I think the risks posed by a Convention are now outweighed by the risks of the massive spending and massive debt imposed on us by Washington.
We must put Leviathan back in his cage while we still can.
Agree.
We need Reps in Congress that will craft specific amendments to get to the States for a vote.
I am (currently) against a Constitutional Convention being called as (for me) it will lead to a Liberal takeover and quicker destruction of the country.
save
Obama may succeed in not only destroying the US economy, but also the union. Our Republic will never be the same.
Nullification will not work, for the sole reason that the system has become unbalanced.
1) The power of the federal government should be balanced with that of the States and the people. But since the 17th Amendment, the Direct Election of Senators, the States were stripped of their means of balancing the federal government. In the same year (1913), the 16th Amendment, The Income Tax, provided a means for the federal government to *directly* control the people, not through the intermediary of the States.
2) In addition to this, the federal government is imbalanced within itself, a problem going back to the beginning of the country. The president is effectively “above the law”, and with the use of “Czars”, memorandums, and “presidential signing statements”, has co-opted power from the other two branches.
The judiciary is likewise caught up in an antiquated structure, and needs to be updated, as well as have its power over the States restrained. Federal judges should not be allowed to intervene in State matters, nor should they be able to force States to appropriate monies.
3) And large parts of the bureaucracy, especially the 16 intelligence agencies, and 40+ federal police agencies, have become semi-autonomous, and no longer responsive to the elected government.
I would agree.
Repeal the 13th and 17th Amendments. Tax Reform and Spending reform are mandatory.
Steps needed at the Cabinet level, giving them a specific purpose and a clear mission:
1) Abolish the FED. Totally and completely.
2) Abolish the Department of Education. Belongs with the States, and the Dept of Ed truthfully educates no one.
3) Smaller Dept of the Interior - by release all federal lands back to the States with the exception of National Parks.
4) Dept of Health should have Medicare, Medicaid (if we actually can keep them and sustain them) and the Surgeon General, public health & medical research (CDC and such) at the federal level.
5) Put ALL welfare programs under Dept of Welfare to downgrade duplication and multiple funds being disbursed to numerous agencies.
6) Create a Sunset Commission to backstop Congress and review ALL laws and force repeal of outmoded, outdated and duplicative statutes.
7) Close Import/Export Bank, Overseas private Investment Corp to name a few independent agencies (including funding).
8) Shut down US participation in the UN, World Court, WTO and other international treaty organizations (including funding).
We should end up with (roughly): Departments of State, Defense, Homeland Security, Commerce & Labor (incl Natl Labor relations Board), Natural Resources, Justice, VA, Treasury and Interior.
If we need to oversee the financial markets that may best be done with a small commission and it could take ALL financial matters. Including those of the Securities & Exchange Commission, Commodities Futures Trading Commission and the like.
Just an idea or two to start. No additional commissions or agencies are needed. Already too much duplication of effort and excessive spending.
States have the ultimate power as per art V of Constitution.
All they have to do is stop braying individually and get together.
Zer0 and his robots will try to keep that from happening at all costs to preerve their own power.
If the court will not enforce the clear words of the Constitution, why do you think they would enforce an amendment?
The courts have ruled that the federal government can regulate any commerce that might affect interstate commerce. This has come to mean *all* commerce. If the writers of the constitution had meant for the federal government to have the power to regulate all commerce, they would not have limited to *interstate* commerce.
(I know it was a typo, but we should not abolish the 13th Amendment, the Abolition of Slavery.) Also, there currently is no enumerated federal authority for any kind of welfare.
Other issues for consideration, likely in a constitutional convention, as there are too many for individual consideration:
Flat Income Tax Amendment;
Balanced Budget Amendment;
Presidential Line Item Veto Amendment;
National Census Enumeration Only Amendment;
Personal Information and Records Limitation Amendment;
Corporate Civil Rights Distinct From The Civil Rights Of Living Persons Amendment;
Oligopoly Antitrust Amendment;
Presidential War Powers and Posse Comitatus Amendments;
Limitations on Presidential Authority To Declare Martial Law Amendment;
Presidential Authority Only Through Cabinet Officers, Appointment and Impeachment of Cabinet Officers Amendment; Term Limits for Recess Appointments;
Congressional Approval of Bureaucratic Regulatory Authority Amendment;
Creation of a State Appointed Constitutional Review Court Amendment (50 State Judges To Sit As a Federal Nullification Court);
Reorganization of Federal Judiciary Amendment;
Amendment for the Reduction of the Size and Authority of the Federal Government and Enabling Acts;
Writ of Mandamus Amendment;
Congressional and Judicial Term Limits Amendment;
Restoration of State Lands from Federal Land Takings and Limitations of Eminent Domain Amendment;
Delineation of a National Tribal Congress for Indigenous Peoples Amendment (renegotiation of treaties and integration of tribal and commercial law).
Limitations of Federal Intelligence and Police Authority, Surveillance and Records Retention Amendment;
Renunciation of the National Debt Amendment;
Abolition of the FED Amendment;
Prohibition of Federal Largess to Individuals Amendment;
Restrictions on Earmarks, Single Subject Congressional Act Amendment;
Abolition of Government Employee Unions Amendment;
Your right about the typo - it should read the repeal the 16th Amendment (Income Tax) and the 17th Amendment (Direct Election of Senators).
I am not in favor of a Constitutional Convention as it opens the door to too much tinkering. Carefully worded amendments are the key to be passed by the individual States.
Carefully worded Amendments could include:
Balanced Budget, Presidential Line Item Veto, Abolish the FED, abolish McCain-Feingold, Term Limits (8 years on politicians - 30 years on judges) ... to start. We must find a way to fund elections without federal/political party involvement.
A Flat Tax is out of the question. The current Income Tax started in 1913 as a flat tax and look where we are today. Totally wrong as we can not trust Congress to morph any ‘new flat tax’ into a lobbyist & special interest haven.
I think along with a separation of church and state (as originally intended) there should be a separation of unions and the state.
Tax Reform and Spending Reform would go hand-in-hand to eliminate pork. If the FairTax were adopted special interest would have no clout. Taking the total tax revenue and first funding Social Security and Medicare the balance would have to be spent on essential functions of government.
Sun-setting and reorganizing the Cabinet and executive Branch cutting the duplication and waste would be the place to start. Duplicate statutes, programs and agencies.
A constitutional convention does not lend itself to radical change. In that it must be called by 2/3rds (34) of the States, and any changes must be ratified by 3/4ths (38) of the States, it is extremely hard to find *any* issue worthy of calling it forth.
Importantly, a constitutional convention will not happen for “popular” reasons, but because the States believe their prerogatives and power must be maintained. This is a very different perspective than for an individual Amendment pushed through congress.
Comparatively speaking, there were several “spurts” of Amendments, first the post Civil War group of three, followed by the “progressive” Amendments: 16th, 17th, 18th (Prohibition), and 19th (Women’s Suffrage). Finally the “sort of Civil Rights” group, 23rd to 26th.
These were the “radical Amendments”, focused issues. But the potential Amendments that a constitutional convention might consider fit into two broad categories:
1) Strengthening State power to be more in balance with federal power.
2) Reducing federal power that was never authorized the federal government. This is to restore the federal government to a constitutional framework, as a truly “federal” government, not a centralized government.
In both cases, the concept of a constitutional convention is to restore the real argument: that of federalism vs. anti-federalism.
Federalism supports the idea of federal superiority over the States, but that such superiority is needed to maintain union and function.
Anti-federalism supports the idea of federal inferiority to the States, the government just being the glue that keeps things together, and that State prerogatives only support the government as States choose to do.
Neither of these considered an overpowering central government that tries to strip all the power from the States. So this is why a constitutional convention is held, to cut down and reshape the federal government into what the States want, not what the federal government wants.
My belief is that it can be accomplished without a Constitutional Convention. And is should be accomplished without a Constitutional Convention.
I believe it can be done with one or possibly two ‘laser-honed’ amendments keyed on specific issues and the repeal of two to four now in effect. These would re-establish Federalism in its proper role and authority.
A Convention is unnecessary and ill-advised when so many Libs (Dem & Rino) exist that would populate such a Convention. As well as foolish since the majority of American has already voted us an unaccountable and out-of-control President.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.