Category Archives: Politics 2024

ARTICLE V

There is a genius element to Article V. It’s short, providing for the Amendment process, including the option of what amounts to a non-government, people-driven process. It is time for people to get to work employing this Constitutional stroke of genius.

There are two paths to amendment. The first 18 words describe how two-thirds of BOTH houses of congress can propose amendments to the Constitution. The next 21 words stipulate that upon application of two-thirds of the LEGISLATURES of the States, “The Congress” SHALL CALL a Convention for the purpose of proposing amendments. In either case, the proposed amendments shall be ratified when three-fourths of the legislatures of the States ratify it/them, or when conventions in three-fourths of the states ratify it/them. It does say that The Congress may state which Mode of Ratification shall be used in either case. Americans are not taught much about the Articles of the Constitution, although a lot of time is spent on the Bill of Rights and other hot-button amendments. We should consider carefully what the founders did in Article V.

Article V is the ONLY provision that allows for “re-balancing” our government in the likely event that powers carefully delineated and divided among what seemed to be natural interests in a Republic, became concentrated or ignored as government types trended toward authoritarianism. Wisely, the authors of the Constitution did not trust government. They did their best to send it forth as a government deriving its just powers from the governed. Human nature – and communism, the antithesis of human nature – has come dangerously close to overthrowing the structure of and our existence as, a nation… except that we have a “frame-straightening” tool in Article V. It is referred to as the “Convention of the States.”

Most, if not all of the changes that need to be made to the structure and function of government, have to do with archaic rules and procedures that have become arbitrary and authoritarian in an age of instant and readily manipulable media. In addition, most, if not all, have served to increase the powers of government types, their agencies and departments, while restricting and limiting the freedoms and sovereignty of citizens. The results include near destruction of our fiscal standing and ability to respond to national threats, and to nearly discard the concept of a Constitutional Republic and the majestic nature of American citizenship. Article V provides a way for CITIZENS to petition their State’s legislatures to approve participation in calling for a “Convention of the States” that is not controlled by Congress or any other component of the Federal government. The importance of this CIVIL RIGHT cannot be overstated. 34 states must approve the calling of such a Convention.

There are no limitations on what may be considered for amendment or guidelines as to what must be considered. After 50 to 60 years of diminishing education about the Constitution or about the exceptional nature of U. S. citizenship and our responsibilities as citizens, coupled with severe slippage in moral instruction, religious input or classical philosophy, our existence as an independent nation-state is facing its greatest threat. One element of that threat is how to control the quality and philosophy of delegates from the States to the Convention of the States. Without question, leftists will fight to dominate every delegation, seeing the potential power of amendment as a short-cut to destruction of the American idea and ideals. Those who are in favor of utilizing this unique Article V tool for “fixing” government, must be strongly organized to guide the makeup of delegations that will adhere to the greatest extent possible, to the ideas that underlay the original drafting of the Constitution, itself. What are some corrupting practices that it would be Prudent to correct?

1) Term Limits. Dozens of House and Senate candidates – and Presidential candidates – claim to support “term limits” for elected federal office-holders, but each knows that there is virtually no path for achieving that change if the Congress is to be depended upon to propose that amendment to Article I, Sections 2 and 3. Immediately we hear that… “there already are term limits: they’re called ‘elections.’” While strictly true, it didn’t prevent the worthies in the House and Senate from proposing the Twenty-second Amendment to impose term limits on the office of President. Franklin Roosevelt showed that elections couldn’t be relied upon in the modern era to limit the accumulation of power by elected office-holders. The very same is true for Representatives and Senators.

It doesn’t seem Prudent to create a class of people who CAN’T run for Congress, so a term-limiting that is based on consecutive terms and a stipulated number of terms out of office may be fairer and more practical.

2) Budgeting. Every line item in the ridiculously monstrous Federal Budget deserves SOME oversight and literal forensic analysis. In other words, the actual nature of the work being funded should be analyzed as to effectiveness of achieving the purpose(s) for which the office, title, agency or department was created and originally funded. With somewhere between 1,000 and 2,000 such “executive” line items, it is practically impossible to oversee them all. A Republic – a Constitutional Republic – cannot survive or even function according to its covenant with its citizens, when THREE-FOURTHS of its spending is untouchable by the People’s and the States’ representatives. Even more threatening is the flood of regulations that emanates from the “Administrative State” with the force of law, penalty and punishment with virtually no accountability to the People’s and States’ representatives. Standards should be stipulated for retention of ANY federal program.

3) Budgeting. Except in times of declared War, the Federal Government should be limited to collection and expenditure of a maximum percentage of 18% of the Gross Domestic Product of the U. S. economy. Further, the Federal budget should be balanced at that level of expenditure.

4) Taxation. Taxes must be neither punitive nor manipulative, and… everyone should pay his or her fair share. This includes people on public relief as well as billionaires. Rather than the huge jumps in rates that our current “progressive” tax tables use, there should be 28 steps: 1 basic and universal rate and 27 marginal rates up to a total of 28% with very few fixed rates for special types of investment. All 28 rates should adjust every two years in order to balance the federal budget, which should also shift to bi-annual budgeting, set for two-year periods.

5) Entitlements. There is no free lunch. There are a hundred “entitlements” baked into federal expenditures. Disingenuously, Social Security is lumped together with various forms of “welfare” when it is, in fact, a set of contracts with mandated investors. With its codified duplicity, the federal government, spurred on by our Citizen and State representatives in the Congress, has stolen the money in the Social Security Trust Fund, and they’ve done so for about 8 decades. As a band-aid of “exchange” for spending that money on all sorts of unrelated expenses, the Treasury deposits United States interest-bearing bonds in the so-called “trust fund.” Sadly, the ability to continue paying out to legitimate S.S. recipients is dependent upon federal taxation AND borrowing from the future. This makes Social Security, one of the largest taxes on American workers, also one of the largest contributors to U. S. insolvency and a target for leftists whenever challenged about “overspending.”

Today, Social Security is grouped along with other “entitlements,” which makes it subject to the calculations of Congress when it ought to be sacrosanct as a regulated “pay-in, pay-out” system of investment for retirement. Workers and, ostensibly, their employers, are forced to “contribute” up to 15% of payroll to Social Security. The government spends the cash – many hundreds of billions – on numerous critical needs, not least of which are the needs of individuals who never paid into the system. Not only do government bonds generate insufficient returns to cover lawful payouts to those who paid in, but requirements for how long one must pay in and what their payouts will be at certain ages of retirement, are changed for political purposes, not for financial ones. For the past 50 years it has been obvious to the clear-thinking that Social Security was at risk of going bust. Some financial changes have been made, including changes to approved retirement ages, but political calculations have never changed. The attacks on Republicans, who are usually the ones who want to make changes aimed at continued solvency of the Fund, never change. There is a political fear of being accused of “taking away your Social Security” that causes even the smartest politicians to campaign on a promises to “always protect your Social Security.”

What should be included among amendments that can reign in authoritative government, is the essential “privatization of Social Security. That is, that the mandate to fund retirements should be a requirement the dollars of which are owned and carefully managed (by regulated financial advisors) by individuals in funds that will grow at more the twice the rate of the Social Security Fund typically has, and will be part of a family’s estate upon the death of the employee/investor. This will place government into partnership with its citizens in the ultimate success and independence of each one and each family. This will change the current relationship which effectively dictates how independent – or DEPENDENT – every worker and family can be. Individual retirement should not be subject to the historic financial idiocy of the Congress.

6) Federal employment and related costs. Working for the federal government in its hundreds and hundreds of offices, agencies and departments, has become a better career than is common – or average – in the private economy. Federal employees are far less likely to be fired for poor or mal-performance, enjoy more time off and better health coverage and pensions than most workers. Little by little, the role of servant and served have reversed: American workers are basically working and going in to astronomical debt for the benefit of public employees, most of whom are also unionized. Those same are able to use forms of police powers to regulate and restrict the citizens they “serve.”

The relationship of federal employees and their employment security and rates of pay and benefits should be limited to a fair ratio to that of typical employees in the private sector. There should also be upper limits to maximum pay for federal employees and executives. Federal employment needn’t be unpleasant or inadequately compensated, but not so richly, either, that it exceeds the economic safety and comfort of other workers. Further, the ability of supervisors and managers to fire poor employees should be no more difficult than is found in private industry.

It isn’t Prudent to limit the ideas brought forth in the “Convention of the States” to those of any one patriot. The Convention itself, however, is our last best hope to save the future of the United States of America.

AMERICA – Article II

The second-most important “branch” of our Republic’s government is the Executive. To most people, this means the President, or “The White House.” It is much, much larger than that – grievously so. There is no accurate count of the number of Departments, Agencies, Offices and Titles that are funded, almost without question or oversight, in the sloppy budgeting process that Congress standardly fails to control. The total is well over a thousand; how close to two thousand, no one can tell. If Congress were forced to oversee every line-item in the budget, we’d probably see a quick reduction, consolidation or elimination of hundreds of these tax-consuming, practically parasitic entities. But Article II is about the powers of the Executive, how he (or she) is elected, and to what actions the President and his/her appointees are sworn.

Mostly, voters and other citizens (we hope, citizens) are concerned about and are told about how well the President is fulfilling his promises in office. The President is NOT the most powerful person in his “administration.” Who is, varies.

Among the “big” Departments – “Cabinet-level Departments” – are Defense, Treasury, Justice, Interior, Agriculture, Housing and Urban Development, Health and Human Services, Commerce, Education, Energy, Homeland Security, Labor, State, Transportation and Veterans Affairs. Originally, there were just 4 men who comprised Washington’s “cabinet,” a relatively informal group of advisors: Secretary of State, Thomas Jefferson, Secretary of Treasury, Alexander Hamilton, Secretary of War, Henry Knox and Attorney General, Edmund Randolph. Each was a “founder” of the new nation and involved in the creation of the Constitution. Each had his views of how the government should be administered and what the Federal Government’s interactions with “the people” and with the States, should be. We are still deciding.

Washington’s status was such that no one was prepared to attack him directly, but political parties soon developed as politically powerful leaders like Hamilton and Jefferson, Madison, Adams and Monroe, among others, and Jackson, later, sought followers to their views. These were the “factions” that were feared by Madison and others writing in the “Federalist Papers.” Washington sought statesmanship from his advisors… like his own. But it became rarer and rarer as party factionalism took hold. The framers of the Constitution expected loyalty to States to be the competing interests that would, in effect, strengthen the new Union of States. Party factionalism, as we can see today, has nearly obliterated those sovereign concerns, as Federal power has become the big prize… and source of wealth both licit and illicit.

The election of a President is done by the Electoral College, one of the earliest topics in Article II, to which 376 words are devoted. The framers, fairly fresh from the Revolutionary War, were very concerned about the creation of an executive officer, having lately fought against executive excess. They did not want the selection process to be “democracy” without severe restrictions that protected the rights of States. The model Republic they hoped to create would have “checks” and “balances” on executive power and even on legislative power. As much as was workable – if not practical – they wanted a chance for statesmanship and reflection to filter out “faction” and emotion in the selection of a President. Their wisdom resulted in the Electoral College. Today we can see the Constitutional mechanisms that are most worth defending by the nature of the heated emotions that wish to sidestep them, altogether. Every Presidential “election” is blanketed with statistics about the “popular vote,” especially when the Electoral winner received fewer votes in gross total than the person who did not win in the Electoral college. That he or she did or didn’t is immaterial; but the “popular vote” is announced by all media as if it mattered.

The Constitution does not provide for National elections; we have State elections, now 50 of them, by law on the same day. Every 4 years, citizens of the 50 states elect slates of Electors who will later vote in the “Electoral College” for the President / Vice-President “ticket” to which they are committed, having gained a majority or a plurality of the popular vote in their respective States. Every State’s election stands on its own, irrespective of the size of the majority or plurality of the popular vote in other states. We employ democratic process to elect people whose Constitutional function strengthens the REPUBLIC. The REPUBLIC is strengthened by the federation of its sovereign States; the rights and sovereignty of those States must be protected and defended by the powers ceded to the federal government. It was the citizens of States – States that pre-existed the federal government and the federation, itself – who ratified the Constitution and the Bill of Rights: the first ten amendments without which ratification would have been impossible.

The two keys to our Republic’s success and endurance include an EXECUTIVE who is checked by the power of the people – expressed in Congress – and, as John Adams incisively stated (one might say, predicted), “Our Constitution was made only for a moral and religious people. It is wholly inadequate to the government of any other.” We have embarked on a course of denying government responsibility for promoting morality. Indeed, we are rushing to make legal immoral actions in order for governments at every level to share in their illicit proceeds. What a foul recalculation of the meaning of liberty.

Presidents after Washington have pressed for greater freedom of action without the slow action of Congress, almost continuously. Abraham Lincoln was the first to suspend basic rights due to the emergencies of the Civil War. The relationship of the federal government to individual citizens changed dramatically in the years following, and even before the end of Civil War. The Emancipation Proclamation applied Executive power to the problems of black individuals in multiple states. Following the war a federal agency, the “Pension Office” under the authority of the “Commissioner of Pensions” organized to evaluate claims due to both physical and mental injuries incurred during the Civil War. Today there are, as noted above, well over 1,000 federal agencies and departments. Ostensibly, the President directs their work and function but, in fact, most of the Executive “branch” runs on its own, including lobbying Congress for never-ending funding and support.

The President is charged with being the “Commander in Chief” of the Army and Navy (and added military branches, now) AND OF THE “Militias” of the several states when called into service of the United States. Who those “Militias” are is not well-defined, although referenced in the Constitution and in the Second Amendment. Pre-existing the Army, the “National Guard” grew from colonial militias who defended against “Indian” attack, especially as the “frontier” encroached on Native lands, and later against the French and their native allies.

The “Army” was created from the Militias and State “Guards” during the Revolutionary War. Had it not been for General George Washington’s personal leadership, the Revolution would have failed as soldiers completed their periods of voluntary service, but who stayed to complete Washington’s mission of independence. It is difficult to grasp the privation and sacrifice required to pursue the war with Britain; few in today’s America are capable of what Revolutionary soldiers endured.

The Minutemen of Massachusetts grew, purposefully, out of the regiments of Militia. They were trained by veterans of the Indian and French-Indian wars and were the defenders against the British at Lexington and Concord, as the British sought to disarm the colonists. More regiments from Massachusetts served in the “Continental Army” than from any other colony/State, and formed the basis of the United States Army. The President is charged, ultimately, with command – and DEPLOYMENT – of all of the military forces, including calling up Reserve troops and the National Guard(s) of the several States, WITHOUT a declaration of a state of War, which only the Congress can effect. The “War Powers Act” in 1973, changed the basic relationship dictated by the Constitution.

In response to President Nixon’s secret bombing campaign in Cambodia during the Vietnam War, Congress attempted to reign in the creeping expansion of Presidential powers as Commander in Chief. Still, it recognized the perceived need for swift response to armed actions almost anywhere in the world where the PRESIDENT can articulate (within 48 hours of taking military action for up to 60 days without further Congressional approval) a “national interest” of the United States. This is a codification of the U. S.’s perceived role as “the world’s policeman,” and a dangerous relinquishing of Congressional, and, therefore, States’ authority over the commitment of their citizens to actions of deadly threat. All in all it is a stark example of how the Executive has become the super-representative of “the American people,” basically in opposition to Congress’ Constitutional power of representing the will of the citizens of the several States.

Since the end of World War II, and most particularly following the assassination of President Kennedy, the “federal” government has rushed to become a “National” government, directly undercutting the design of the Constitution for a Republic of united, somewhat sovereign States. Every heated declaration of “threat to our democracy” or “protecting our democracy” is premised on the desire for pure “majority rule” in the wielding of “national” power, no matter how temporarily a majority might be created for any cause or idea, rather than a republic-like careful deliberation and application of wisdom before action is taken or changes to governance made.

Constant reference to the Constitution and its amendments, is necessary to measure how far we have drifted from, and how much further some wish for us to drift from, the ideals and responsibilities of the American experiment and the “limited” Executive thereof.