23 November 2012

Lets have that conversation about liberty....

The Founding Fathers created a good document in the Constitution, including the Bill of Rights.  I do not believe the Constitution is perfect.  Some of the things I would change.

To Safeguard Liberty

1. Slavery.  It is morally repugnant, and it was a compromise at the time to keep the Confederation of States together.  The ideas of debt (indentured servitude), bankruptcy, and slavery are important.  All people are free.

2. The Judiciary.  Explicitly give the courts the power to determine whether laws are Constitutional or not. 

3. Get rid of the "a well regulated Militia" language of the second Amendment.  Simply put, "The right of the people to keep and bear arms shall not be infringed."

4. Outline the distribution of representatives based on the population of the least populous state.  The current language of "apportioned" allowed our current system to be "capped" and the districting games ensued.

5.  "No crime shall be considered a felony without a human victim personified."  If you can't put a face and name to the victim, the crime cannot be a felony.   No regulatory felons for not being able to follow some esoteric rule that you didn't know about.

6.  The President shall be the Commander in Chief of the Militia only upon declaration of war by Congress specifically authorizing the use of the militia for a period of not more than 2 years.

7.  States are required to maintain a number of 800 person Infantry Battalions equal to the number of Representatives in either active or reserve readiness, and the necessary logistical support units required for complete mobilization.

8.  The Federal Government shall maintain a land based Militia Force only for foreign duty at Embassies, ports or bases as required by Congressional consent. 

To fight "Bureaucratic Creep"

1.  Outine a standard for laws.  "All laws must clearly the intent of the law, and address guidance to jurors."  Jurors have the ability to decide on whether the law in question is applicable to the situation at hand based on the stated intent of the law.

2.  Specifically say that "Congress does not have the power to delegate any responsibilities, and no amendment to this rule shall be instituted by less than a unanimous vote with all Representatives, and Senators present, and each State Governor shall have the power to veto any amendment to this doctrine prior to becoming law." 

3.  Any law or regulation not renewed by a 2/3ds majority of each House at the beginning of each session of Congress shall be struck from the public record and no longer be enforceable.

4.  There shall be no Cabinet level offices added to the Cabinet of the President without an amendment to this document by Congress.  Approved Cabinet level offices are Defense to ensure adequate military capabilities are available to deter aggression, State, to manage embassies and assist US citizens with international interests, Interior to advise the President and Congress on domestic resources and development, Treasury to serve the Republic as manager of finances as appropriated by Congress.

To fight the dangers of a economic idiocy.

1.  All States will be responsible for the minting and management of Copper, Silver, Gold, and Platinum coins in accordance with Treasury standards.  Weights will be 1, 5, 10, 25, 50, and 100 gram units.

2.  The Government of the United States may not enter into debt to foreign interests.  The Several States may purchase debt from the Treasury for a period of no more than 2 years.

3.  The Government will not provide payment or compensation to any individual for anything other than service rendered.

4.  Define "General Welfare" as "the necessary infrastructure between the several States as necessary for conducting commerce."

To fight the dangers of business as usual rule, term limits.

1. The limit of terms for a Reprsentative shall be 4, or 8 years, whichever is less.

2.  The limit of terms for a Senator shall be 2, or 12 years, whichever is less.

3.  The limit of terms for a President shall be 1, or 4 years, whichever is less.


Comments are open.

23 comments:

Anonymous said...

ALL laws or regulations must be read Aloud on the floor prior to votes

Any representative that is to vote must be present for the entire reading.

Bills will only pass if having a majority of total seats (not just those present to vote)

Don said...

I've been playing at writing a new federal constitution. You have some very good points.

Don't forget the commerce clause. It was never intended to be a catch-all excuse for every law or program some polytickian thinks is a good idea.

Anonymous said...

Add an amendment that specifically calls out the right of privacy in all things. Making it a crime to collect and save data on any person for any reason it that person is not accused of a crime.

Mt Top Patriot said...

Have to figure out a system where gerrymander and vote fraud can be dealt with effectively. In terms of importance, I believe that ranks right up there with ditching the fiat graft/extortion system of money and debt. They both have become insidious vehicles of corruption and power, detrimental to the very fabric of our lives.

Jimmy the Saint said...

Any new law must be shorter than the Constitution. No more 2,000+ page monsters with god-knows-what hidden in there.

If the government can't say what it wants done or not done in fewer words than its own bylaws, they need to start over and try again.

Mt Top Patriot said...

What Constitution?

With the coming of the 2012 National Defense Authorization Act, most of the Constitution and Bill of Rights get flushed down the toilet.

Talking about safeguarding Liberty.
Guess who gets to enforce it? The .mil.

So these traitors in congress, through procedural sleight of hand will pass it without having to vote on it so no one will know who is responsible, the president gets to dodge his responsibility of his oath of office about tending to the security of the people, by having a proxy kangaroo congress do the dirty work incognito, while having dodged declaration of Marshal Law.

The National Defense Authorization Act (NDAA) of 2012 contains a provision that allows for the indefinite detention of U.S. citizens without charge or trial.

Section 1021 of the 2012 NDAA states that anyone suspected of being involved in terrorism or “belligerent acts” against the U.S. can be detained by the military under the so-called Authorization for Use of Military Force, including American citizens...

...that anyone suspected of being involved in terrorism or “belligerent acts” against the U.S. can be detained by the military under the so-called Authorization for Use of Military Force, including American citizens.

That appears to be annulment of Posse Comitatus, along with dissolution of the 6th Amendment without a ratification by the states and Congress through a Constitutional Amendment convention. A broad brush vague "law" that smells like Marshal Law without the declaration of it that is only the purview of the president.

So whats next. Mmmmm....The 2nd Amendment?

Talk about police state. Just talking of armed redress, or any redress that the label subversive or belligerent can be attached to it by an unaccountable member of the Nomenklaturer class is grounds for disappearing under a broad brush round em up edict. So the 1st Amendment gets flanked also.

Hey! Didn't the Nazi's, Stalin, Mao implement laws similar to NDAA?

Those who wrote and voted for this law committed treason if I ever seen it.

Those who implement it are no less guilty.

And all of them involved took an oath.

Anonymous said...

Mr. Speaker, the following amendments are offerred:

Regarding Section I ("Liberty"), item 8:

We already have a Marine Corps to handle security at foreign embassies and ports. The (envisioned small) standing regular forces or the Army and Air Force should prove sufficient for providing their own foreign base security.

"Any attack on the premises or personnel of said foreign bases shall constitute an Act of War requiring no further congressional approval for up to but not longer than 30 days after the first such act."

Regarding Section II ("Bureaucratic Creep"), item 3:
Such votes to be individual in nature, thus eliminating "Omnibus Sausage Acts of 2012, et al." One law, one vote. No amendments may be made in committee or other than on the floor, and shall be debated at the same time as the law under consideration.
In addition, any law voted down by either Senate or House may not be re-introduced nor placed as an amendment to any further acts of the Congress until the next session after the next election.
Regarding item 4:
An Attorney General would appear to be a necessary cabinet post as well.

Regarding Section III ("Economic idiocy"), proposed item 5:
"The Congress shall pass in its entirety, in alternate years, a budget, with all actual expenditures for the subsequent 2 years balanced to all expected revenues, with all expenditures and programs included, by not later than 10 days prior to the beginning of the next fiscal year, and deliver said budget to the President for his approval or veto.
For each day past that date a budget shall be late, the salaries of the Congress shall be withheld equal to one week's pay. If the budget shall not be passed by the beginning of the fiscal year, all goverment functions other than those deemed vital to the security of the nation as determined by a 2/3rds vote of both houses shall be suspended until a budget be signed into effect. This act only amendable at the Constitutional level.
Proposed item 6:
No lands not occupied by the military forces in daily use, or not occupied buildings used as federal property for the daily conduct of regular business of the federal goverment, shall henceforth be deemed "federal land", excepting only National Parks. All other currently held lands and contiguous offshore area to a distance of 3 miles shall revert back to the states in whose boundaries wherein they lie, for use and disposition of said states and their people, howsoever they shall see fit. No more than 10% of any state shall ever consist of federal land of all types, as verified by actual survey.

Regarding Section IV ("Business as usual"), items 1 & 2:
3 House terms and 1 Senate term is enough.
Proposed Item 4: No pensions or benefits shall accrue for any term or number of terms of congressional service, nor shall any monies be paid after leaving actual service. No benefits or perquisites shall be appended to any member of congress which are not similarly accorded to the lowest grade of enlisted military service and/or the lowest grade of government employee, by and through the same entities. The total value of such benefits shall not exceed 1/4 of the annual salary of any member.
The budget for staff salaries for each member shall be exactly equal to that member's annual salary, divided howsoever such member shall see fit among whatever number of staff members shall be hired by each.

With unanimous consent to revise and extend my remarks,
-Aesop

Anonymous said...

you may lobby your congressman but there is not to be an exchange of money.

All laws should have a sunset provision whereby they go away unless reconsidered and voted upon. Will

Mt Top Patriot said...

The survival of the underpinnings of the rule of law, natural rights, and Liberty, are dependent on the people whom these ideas are to protect and enjoy in the first place.

Sooner or later it looks like a pretty good chance those who constitute the mob, who have voted themselves the prosperity of others out of envy instigated through Karl Marx's psychopathic idea of class warfare are bound to discover, they have been hoodwinked six ways to Sunday by corruptocrats and crony capitalists of the ruling class. This Oligarchy has played the masses like a veritable Pied Piper of class warfare entitlement and free shit.
Of course, the truth is no one twisted anyone's arm to be a mooch, corruptocrat, or thief.
And that's the thing.

Until this paradigm shift happens, if it does, in numbers that make an impact, what are the chances anything involving Liberty and Freedoms under the rule of law will improve?

How long the elites can hold back the economic red tide is dependent on how long they can bread and circus the mob. Mobs have an ugly tendency to turn on their benefactors soon as the gravy train ends. These are folks who have nothing to sustain them in the advent of decline of their lifestyle, nor the skills and knowledge to go into survival mode past rioting and pillaging.
The money is running out. When it does, it is a high probability the police state that replaces the free stuff. The elites wouldn't have it any other way. Give up power and wealth? They are just going to dig in harder. The law is on their side.
The leviathan only exists because people either get something from it they want more than Liberty, or they are afraid of it. It is the legitimacy of the state that has to be nullified. That takes people.
This shift, will it be slow or fast?
What opportunities will arise where the idea of Liberty can once again be sown and nurtured?

People of the useful mob got a big learning curve in front of them. Those that survive, will they be tribes? Bandits? Serfs who rat on everyone? Will some swell the ranks of the Apparatchiks and police state mechanisms? How many will have it finally dawn on them what Liberty is? And have the intestinal fortitude to do something about it?

It takes a people of virtue to uphold those ideals and concepts of our governing documents. They simply got to want to embrace those ideals, without that, as we see today, they are just ideas on old parchment.

Those who do, going to have to decide what they got to do. Because it won't be long now before the hard choices are coming.

Anonymous said...

William Lind of "American Conservative" magazine has hypothesized along the same lines for the military Post Empire. That is if we have a unified country after post empire.

RRS

Anonymous said...

Add:

"No Jews may hold public office nor contribute monies to electoral candidates."

An idea whose time has come.

Dave

Anonymous said...

Two things come to mind. While some dislike the militia clause of the 2nd it does prove that what is protected are arms of military utility. The second doesn't protect sporting guns and having the right to keep and bear a high end Perazzi isn't something I care about. Posessing a serious fighting rifle (or RPG) is far more important to me than an ill defined right to posess some undefined class of arms. The secong point that comes from a quick scan is that Dave is an idiot. I guess in Dave's world that while all animals are free some are freerer.

Jake 98c11b

AM said...

Dave,

That "idea whose time has come" has already come and gone in Shariah law. Why don't you try living in a Muslim country to see how well off they are by marginalizing the Jews (and Christians).

Oh, and go fuck yourself.

Anonymous said...

Back before the day of political correctness, they used a steel ring to measure crainial capacity by whether one's head would pass through it, in order to differentiate between high functioning idiots and actual utter cretins.
I always wondered why they stopped, and at last I have the answer.

Dave, go back to the doctor's office and have them pull your head back through the ring.
They can use the same Vaseline you were fapping with when you typed that post.

BTW, you know Goldman Sachs makes $1 for every hit on this site, and they donate half to the Jewish Defense League, right?

-Aesop

odinslounge said...

I need to put my own list down on paper one day, I like this one and some of the suggestions but one thing I might add, leaf blowers are illegal.

Old Top said...

One grumble . . . it's fashionable nowadays to badmouth slavery, BUT you have to take things in context.

When slavery existed here, it was an accepted condition all over the world, and was legal in this country.

It existed in the North as well as the South, and virtually no one had any qualms about it, so long as the slaves were not mistreated.

It's kind of hypocritical of the English to bitch about slavery when they held most of Africa, India and big chunks of Asia in servitude.

It's kind of hypocritical of Yankees to bitch about slavery when most of those New England, New York, and Philadelphia fortunes were made in the trade.

It's kind of hypocritical of blacks to bitch about slavery, for without that institution they would still be scratching in African dirt, trying to make a living instead of buying gold rims for the ride.

What is, is, what was was . . .

Slavery still exists all over the world and some of our 'Best Allies' are prominent in the trade and practice. Do we want to bitch about a long dead time here, or do we want to DO something about the here and now.

Just sayin'

Chuck said...

No list would be complete without the following:

Repeal the 16th and 17th Amendments and abolish the Federal Reserve.

Anonymous said...

Strictly based on history, the most mischief-inducing amendment has proven to be the XIXth, far and away.

Since we're tilting at windmills and all.


-Aesop

Chuck said...

"Strictly based on history, the most mischief-inducing amendment has proven to be the XIXth, far and away."

Hard to argue against that.

Wraith said...

Neither the President, nor any member of Congress, nor any Justice of the Supreme Court, shall ever be exempt in any way from any law that is passed.

Supreme Court Justices may be removed from office, if it shall be deemed necessary by the People, by a 2/3 vote of a national public referendum.

There shall be no government protection of any politician once they leave office(be careful who you piss off today, for there may be consequences tomorrow).

Freddy said...

How do you square your support of term limits with your support of Liberty. Ultimately, the malfeasance of long-time politicians goes back to the free choices of their constituency.

I dislike FDR and his legacy as much as anyone, but I am opposed to term limits for any elective office. It is antithetical to Liberty.

AM said...

Freddy,

Interesting question. By removing the ability of an elected official to bribe the public with "free shit" from the public coffers I believe that Liberty is best served.

Power corrupts, it is in the best interest of Liberty to share the power, and therefore the corruption, by rotating those who have been in power (and corrupted) out of power.

I'm not interested in an ideologically pure government, heavens knows that we've had enough idiots try to create one of those. I'm interested in an effective government that is not a threat to individual liberty.

The Old Man said...

As outlined, priceless. Heads exploding everywhere as the PTB read the revised Constitution.
One, BTW, I'd have no problem swearing an oath to. But as you know, the bowl of responsibility has been spilled.