Restore the Constitution
[Under construction, not complete, not all
suggestions fully vetted]
The US Constitution resulted from a hundred and fifty years of
experience with self-government in the Colonies, a thousand years of struggle
for rights in England, and thousands of years of experience with
government around the world. It was designed by men experienced with
self-government, not by academics or aristocrats.
The purpose of uniting the States was to establish a common defense and
common world presence, not to replace the States or create a new
sovereign nation. Consequently, the
Constitution authorizes a small set of powers delegated to the Federal
government by the Sovereign States. To help control the human
inclination to power, this Federal government was divided into branches
that were intended to be jealous and hence to balance each other's
avarice. We have allowed these branches to buy each other and the
States off , and expand
the activities of the government well beyond the intended limits. We are dangerously close to a totalitarian
tyranny that may not be stoppable.
By shrinking the Federal government back to its Constitutional
limits, we free the States to arrange their affairs as best suits their
local interests, and not bow to the global power aspirations of the
Federal aristocracy. We must reaffirm the Constitution, and work
vigorously to return the usurped powers to the States. The effort
will seem massive because we have allowed this growing tyranny for a
hundred years or more, and the Federal government is now entwined into almost
every aspect of our society.
Measures Necessary (not necessarily in order of
- Repeal Amendment Seventeen to restore appointment of
Senators by the Sovereign States. This will reestablish
representation of the Sovereign States in the Federal government.
Elected Senators represent the same urban majority as the
Representatives, not the States, consequently the elected Senators do
not act as a balance of power. Allow the States to recall and
replace any of their Senators at any time, not just at election
- Return all Federal land to the States except
that authorized by Article I Section 8. All unauthorized Federal
land such as held by the BLM, Forest Service, Park Service, or the
like shall be returned to the States along with all staff and
equipment appurtenant thereto. The Federal taxes or fees related to such land shall be reduced by
the amount of those budgets so that the States may take up their
sovereign rights and duties over such land. This obviously means
disbanding the corresponding Federal departments and all laws and
regulations related to their former activities.
- Return all social welfare programs to the sovereign
States. Social Security, Medicare, disability and all other
such programs shall be returned to the States. All related Federal
taxes and fees will be discontinued and all amounts held in trust
returned to the States that paid them. The corresponding
Federal departments and all laws and regulations related to their
former activities are disbanded.
- Disband all departments, offices, or the like that are
not specifically authorized by the Constitution. This means
the Department of Education, the Department of Energy, the
Department of Health and Human Services, the Bureau of Alcohol and
Firearms, etc., and all Constitution allowed offices not specifically approved by Congress and
appointed by consent of the Senate should be disbanded. As this
process unfolds, we will be astounded just how many such departments
and offices exist. As these are disbanded, Federal taxes and fees will be
reduced by their budgets so as to allow the States to organize such
services as they deem appropriate, and of course all related laws
and regulations will become void.
Additional Measures (not necessarily in order of
- Amendment to require all proposed legislation to come to
its legislative body for discussion and vote. No committee
or Speaker or President of the Senate or President pro tempore or
other legislative functionary shall block or unnecessarily delay any
- Amendment to require all bills to be available on-line
for at least 30 days before any vote. This includes the
original, intermediate, amended, and final form of every bill. All
bills must be voted by the full body. No reconciliation committee
may pass a bill without full reconsideration and vote by the full
body and the 30 day pre-vote publication.
- Amendment requiring the President to follow the law as
specified by Congress. No executive orders, signing
letters, or other orders may alter or abolish provisions of any law
passed by Congress. The President may seek review by the Supreme
Court of the entire bill, or specific provisions. [No effect
- Amendment requiring that all Regulations promulgated
under a law be approved by Congress. All regulations
must be approved by a law passed by Congress, and be complete, final, published on-line for at least 30 days, and
then voted on by Congress. Regulations are not valid until so
approved. Any later changes must be similarly approved.
- Amend Article 2 Section 2 to require two-thirds vote of the
entire Senate to approve a treaty (not just "two thirds of the
Senators present"). [Verify my interpretation is
- Amend Article 6 to make clear that treaties may not alter any
part of the Constitution or its Amendments, and that any such part
of a treaty is null and void.
[Some have argued
that treaties can supersede Constitutional provisions.]
provision of a treaty may may exceed the explicit authority allowed
by the Constitution to the Federal government, and may not
add to or diminish such authority.
Also, a treaty may not change or supersede any law passed by
Congress or the States. If a treaty requires changes in US or State
law, such changes must be proposed and approved as for any law. Any
later modification or re-interpretation of a treaty requires full
re-approval by the Senate.
- Amend the Constitution to make clear that children born to
illegal immigrants are not "subject to the jurisdiction thereof [the
US]", and hence are not citizens. Further, require all immigrants to
foreswear allegiance to any other country, sovereign, or power as
have earlier immigrants. Possession by any person of a valid
passport or similar document, or voting privileges, citizenship
rights or titles in any other country invalidates US citizenship or immigrant
status and returns that person to non-resident alien status or
return to their country of origination.
- Clarify that "natural born citizen" means born to two US
Citizens with respect to the qualifications for the offices of
President and Vice-President. Apply the same requirement to all
Federal offices. Require that candidates prove that
they meet all requirements before being accepted as candidates.
- Amendment to repeal Article 16 (Income Tax).
When the Federal government is reduced to Constitutional limits,
taxation on the scale of the Income Tax will not be necessary. Taxes
apportioned to the States by population will be quite sufficient.
- Amendment so that a spouse, domestic partner, consort, or other
similar relationship of a President or Vice-President, whether still related or
divorced, or their children or grand-children, or their parents, may not run for, be
elected, or succeed as President or Vice-President. This is needed to prevent
hereditary power now that both men and women are eligible.
- Repeal Article 25 and return all residential and business areas
of Washington DC to the States that ceded that land. This
reestablishes their citizens voting rights without creating a
- Amendment to require proof of citizenship to register to vote,
and present major ID to vote. Invalid registration or voting, double voting, or the
like shall be a felony, and such a person shall be prohibited from
voting for the rest of their life. Mail-in voters must present ID in
person and submit a new signature before each National
- Repeal Article 26 to return voting age to 21.
allowing soldiers who are citizens to vote at any age].
[Perhaps even require proof that the young citizen is
- Abolish the Federal Reserve, and return full control of US money to
Congress, as provided in Article One, Section 8.
- All budgets, accounting, financial, inventory, property, and
legal records of the government of the United States will be
accessible on-line in real time, including both raw and summary
data. This includes all instantaneous transactions, not just budgets
or balance sheets. This open access will include all campaign funds
of all elected officials or candidates.
- Consider abolishing any and all party organization within
Congress. Those bodies should not act as party partisans but as
individual, colligate representatives of the citizens that elected them.
Amendments from Mark Levin's book, "The Liberty
Amendments" (see book for details)
recommended, just here for discussion.]
- Term limit of 12 years for Congress.
- Repeal Seventeenth Amendment, restoring state legislature
appointment of Senators.
- Term limit of 12 years for Supreme Court.
3/5s vote of Senate
and House overrides a Supreme Court opinion (no Presidential veto).
3/5s of State legislatures may override a Supreme Court opinion. (no
- Failure to pass a budget automatically reverts to 95% of the
prior year budget.
Expenses shall not exceed revenue.
shall not exceed 17.5% of the Gross domestic Product for previous
Congress hall not collect more than 15% of a person's
annual income (natural and legal persons).
The deadline for
filing tax returns shall be the day before the Federal elections.
No estate taxes.
No value-added tax, sales tax, or other tax in
kind or form.
- All federal departments and agencies shall expire unless
individually re-authorized each three years by a stand-alone
reauthorization bill. All Executive Branch regulations exceeding 100
million must be approved by a Congressional committee prior to
- Congress' power to regulate commerce is not a plenary power but
is limited to preventing States from impeding commerce and trade
among the several States.
- When a government entity regulates or takes property reducing
the market value, the owner shall be fully compensated.
- The State Legislatures may adopt Amendments to the Constitution
by 2/3 vote of the States.
- Require a minimum of 30 days from final publishing of a bill
until it is voted by Congress.
Over-ride by 2/3 vote of each
3/5 vote of the state legislatures overrides a federal
3/5 vote of the state legislatures overrides an
Executive Branch regulation.
No review or litigation or oversight
or interference allowed by the Federal government.
- Citizens shall produce photo ID demonstrating citizenship before
voting in any Federal election.
For mail ballot, ID must be
presented within 45 days of the election.
or voting are proscribed.
07 Aug 2020 18:33:39 -0700