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 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 off each other and the
States, 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.
- 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 Income Taxes and other
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 offices not 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 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
proposed bill. The original, intermediate, amended, and final form
of every bill shall be available on-line for at least 30 days before
any final vote. 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
- Amendment requiring that all Regulations promulgated
under a law be passed by Congress. Any regulations
must be authorized 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. [Verify. There have been arguments
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 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 e-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, or citizenship rights in any other country invalidates
US citizenship or immigrant status and returns that person to
non-resident alien status.
- 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 the 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, whether still related or
divorced, or their 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 that person shall be prohibited from
voting for the rest of their life.
- Repeal Article 26 to return voting age to 21. [Consider
allowing soldiers who are citizens to vote at any age].
- 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
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
- Related to repealing Amendment 17, allow the States to recall
and replace any of their Senators at any time, not just at election
- Consider abolishing any and all party organization within
Congress. Those bodies should act not as party partisans but as
individual, collegate representatives of the citizens that elected them.
Amendments from Mark Levin's book, "The Liberty
Amendments" (see book for details)
- 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.
30 Oct 2016 14:27:48 -0700