Constitution for the Common Man

Background

Imagine dealing with a landlord who not only reinterprets the terms of a rental contract to his advantage, but doesn't even have a clear understanding of what the terms of the contract mean. Who would do business with such a shady character?

Perhaps the only ones to accept such a situation are those who:

• lack enough power to enforce the legitimate terms of the contract;
• have short memories; or
• are unable to understand the contract.

It is the author's contention that a similar situation exists for the people of the United States and their relationship with its Government.

Purpose

The goal of this article is describe WHY the Constitution was setup in the manner that it was and WHY it is important to restore the principles behind it, while simultaneously providing action steps that any of us can take to not only restore it, but to bring it all to proper balance of Federal Government vs. State Government vs. the People. Note: The author's personal goal in this article was to enhance his own understanding of how the Government works, therefore I would suggest not accepting what I say on face value. Do your own homework in the event that I am misinformed.

Version History and Background

This site presents information in a way that attempts to balance the length of this article against the needs of today's busy audience. Some readers prefer supporting detail and others would like the summary points without the detail. This site attempts to bring the best of both worlds to the reader. On the far right there are hyperlinks with the label, Expand. Click on the Expand link to expand the supporting detail or other supporting points. In general, a principle will be covered, and then supporting detail or examples made available through the Expand link.

We have tried as much as possible to gently integrate this technique into the writing, but in some cases it simply doesn't flow well, yet! Try it now.

This is an alpha version 0.5.5 (earlier versions are available at kspect.com), which means it is under-going rapid development. Some things may be out of place and grammar problems abound. There is substance though. Also, due to the urgency when considering the election of 2016, extras such as fancy graphics have not yet been developed. Send suggestions or otherwise derogatory comments to a d m i n a t k s p e c t dot c o m or Like on Facebook.

Lost Freedom?

Let's begin - have we really lost our freedoms? At this time, I can generally say or write whatever I want, so long as it is not slander or libel or inciting violence. I carry a firearm in my pocket as I write. I can fire up a blog such as this one in, in minutes, and say whatever I want to basically. I can go to whatever church I want to or not go. This latter freedom wasn't always so in some locales at the forming of our country. For example, some towns mandated attendance at a particular church.

Yet, today, there are numerous examples where freedom is gradually being stripped away, but it is perhaps not as overt as in previous years. Examples do abound:

• the NSA performs an illegal search of your private life with every metadata harvest they perform in violation of the 4th amendment.
• The EPA, BLM, and a whole host of alphabet agencies ignore the 10th Amendment and violate State jurisdiction. For example, In Texas, there is the TECQ - the EPA has duplicated what is Constitutionally the authority of the State of Texas
• One has to ask permission to carry a weapon in many states and aren't allowed to carry in public in many states
• the so-called war on drugs appears to disproportionately impact certain classes of society. [30]
• For more examples, see this article and this note on Facebook.

Further, while it is true that this article's existence testifies that there is still freedom left, there is also simply a great deal of room for improvement, even though It may be difficult for us to see anything better since we have no other frame of reference.

When was the last time any one of us had to stand in a breadline?

Consider that for people living under the former Soviet Union, a country that was mostly isolated, standing in bread lines was considered normal and acceptable.

Thus, while immersed in a given mindset, one may find it perfectly acceptable if there is no basis for comparison. Perhaps the same is true in our country?

Let's make it better, but before we can do that we must understand how and why it works the way it does - lest we make things worse! Also, it may be worth noting that the "cracks in the Constitution" could be argued to have helped expand rights in many cases.

Where are we?

To determine where to go, we must first determine where we have been and where we are at.

Constitutional Ignorance

First, let's test your knowledge of the Constitution:

• Name one of the enumerated powers delegated to the Congress in the Constitution
• Explain the concept of Federalism
• Explain broad vs. narrow interpretation of the general welfare clause
• Explain under what conditions can you legally shoot someone in the face if they break into your home
• Name one of your State's gun laws and how it applies to use of deadly force in your home
• Describe where is the power of Judicial review indicated in the Constitution
• How many countries are we bombing right now under a formal declaration of War by Congress?
• If you can answer the above, congratulations - you must be one of the lucky ones, but by and large a quick Internet search or even monitoring the opinions in the news, work place, and social media sites indicates a wide diversity in viewpoints with respect to applying the Constitution.

Constitutional Schools of Thought

While its reliability is often questioned, the Wikipedia indicates that there are even names assigned to the various Constitutional schools of thought. For example, some hold that the second amendment applies directly to the people of the states - that the states can pass no law which might infringe on the acquisition of weaponry by the people of the state. Others hold that the second amendment only applies to state militias. The state of Georgia didn't even bother to put a protection for bearing arms into their earlier constitution, because it was believed that the Bill of Rights in the United States Constitution was sufficient to cover the state of Georgia! [21, 25] Another philosophy is perhaps singularly captured in the expression: "The second amendment is my carry permit", which is routinely touted on social media by denizens of Facebook and some Congressmen alike. It seems that the view of the second amendment splintered after the civil war with a wide variety of view points that resulted. Let's take a step back from the Constitutional schools of thought and ask: Why Government?

Why Government?

Why does government exist in the first place? Let's look at the big picture. Does anyone have the right to tell you how to live your life? Do you have the right to tell anyone else how to live their life? The answer seems to be that your rights end right where someone else's rights begin. As long as you're not hurting anyone, then you shouldn't have anyone telling you what to do.

The Declaration of Independence covers this under the topic of natural laws and Nature's god, but this is often ignored by just about everyone.

The text states: "When in the course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the laws of nature and of nature's God entitle them" (emphasis mine). In other words, are rights can be seen in nature itself and are granted by no man!

The purpose of the government is to secure OUR natural rights, which sounds good, in principle, right?

Where your rights end and another's begin, in this grey area, is where the trouble begins. One man's definition of hurting may differ from another's.

For example, smokers may consider their smoke harmless, but perhaps a non smoker would disagree. Maybe this example of hurting is easily solved by simply not going into places where there are smokers. Yet, there are numerous other areas where the definition of hurting can vary among people. Thus a system of rules was developed to define what is meant by hurting others - with the result being that each of us gives up some of our natural rights, in exchange for ... protection from the lawless.

Milton Friedman offers this: “Government has three primary functions. It should provide for military defense of the nation. It should enforce contracts between individuals. It should protect citizens from crimes against themselves or their property. When government-- in pursuit of good intentions tries to rearrange the economy, legislate morality, or help special interests, the cost come in inefficiency, lack of motivation, and loss of freedom. Government should be a referee, not an active player.” [27]

In essence, he is saying that government provides a type of protection racket - you pay the money to it (taxes) and it will make sure everyone plays fair. Playing fair is often called the "rule of law" and is defined roughly as follows: no one is above the law's sanction, and no one is beneath its protection. Consider also that the reason laws are written is for those who have no law within themselves. Remember what happened to the buffalo when they weren't protected by law? See the Tragedy of the Commons for an example of what can happen in certain lawless situations. For additional thought and discussion behind the purpose and structure of governments, a mock up of the evolution of our government is discussed in another article The_Land_and_Labor.

Constitutional Basics

Checks and Balances

The simplest way to understand checks and balance is as follows: don't let a fox guard the henhouse.

Government could be compared to a dog that has been asked to guard the henhouse. A dog may be less apt to kill the chickens and will scare off the fox, the snake, and the skunk. Depending on its disposition, some level of trust may be placed in the dog - that it won't eat or attack the hens; however, complete trust would be foolish, at best. Imagine placing trust in all dogs to guard the henhouse because there was success with one or two that had a sweet disposition and didn't attack the chickens.

For those without a rural background, this may be easier to see in the mechanics of the financial controls of a small company than for an entire country.

Imagine if you worked for a company and had the job of paying people that the company owed money, such as vendors. Perhaps the company has a dry-cleaning bill to pay. The basic way of paying other companies is an invoice is issued which describes the service or services provided and the fee for those goods or services. The company receiving the invoice would verify that it had received the goods or services, and that it wasn't being overcharged. If the company didn't have some checks over your power to pay invoices, you could have a friend working at the dry-cleaning company create some fake invoices that were purposefully overcharged and with you approving payment. You two thieves would then split the money after leaving the company. To guard against this behavior, companies implement financial controls. In this area of accounts payable (paying vendors), they may split the duties of processing invoices and verifying the goods have been received from approving payments so that no one man has too much control and becomes capable of fraud. In a similar manner, the Constitution divided up the federal Government such that those who write the laws aren't the ones who would enforce them. These are called checks and balances, but in the financial world they are called controls.

The problem with people is that, power over people, in all its forms, coalesces and eventually attracts psychopaths or those who seek power over people for its own sake. Government is no exception. Government leadership is often composed of the types of people, those drawn to power, that it is trying to protect the people against! To mitigate this tendency in men and to ensure that no one man or group of men ever becomes too powerful, the government had its power split up with a number of checks and balances, most notably, those who execute the laws do not write the laws. Why?

Imagine if you had the job of both writing and enforcing the law. If you were a fox, you could write a law that said: "Everyone must pay me 10% of their money or go to jail". Perhaps you are the honest sort and would never do this, but perhaps not everyone is as honest as you. Further, there is a tendency of power to corrupt man over time. Men are by their very nature fallible and eventually turn from their first principles without realizing it, all the while holding a belief everything is still on track according to their original principles. In simple terms, this is called rationalization.

A simple example of this principle is seen in the organization that calls itself People for the Ethical Treatment of Animals (PETA). PETA's purpose is to raise awareness about treating animals with respect i.e., not kill them, but eventually that is precisely the types of activities its members were engaged in - rationalizing the the means justifying the end. It seems that since all men and, by proxy, all organizations, are fallible, it would be best to design a government which accounts for this reality.

Thus, a well designed system would make sure that the people have the power to put the government in its place by making participants in the government limited in what they can do.

Yet, the people themselves can sometimes turn into a lynch mob - so having order in the form of a government can perhaps mitigate this tendency in the people. Thus, the ideal government would somehow limit the lynch mob aspect of the people while limiting the ability of the government to harm the very people it is meant to protect. To achieve this aim, checks and balances were instituted in the government and as exemplified in this quote: "The Constitution does not protect the sovereignty of States for the benefit of the States or state governments as abstract political entities, or even for the benefit of the public officials governing the States. To the contrary, the Constitution divides authority between federal and state governments for the protection of individuals. State sovereignty is not just an end in itself: "Rather, federalism secures to citizens the liberties that derive from the diffusion of sovereign power." (See 1992 Supreme Court opinion on the framers’ reasoning behind the state consent requirement (New York v. U.S)) However, over time the balance between the people and the government has been upset. The founding fathers did much to delay this natural tendency for organizations of men to turn from their first principles; however, it didn't take long for the Constitution to become warped against its original design. The road to recovery begins by understanding how we deviated from where we started and actions that can be taken to maximize the freedoms for your grandchildren.

Students in American schools are generally taught the basics about the separation of powers and checks and balances between the three main branches of the federal government, but what is not covered are the many other checks and balances especially those over matters of taxation, the balance of power with the States, and ultimately the power retained in the people most notably via the 1st, 2nd, 6th, 9th, and 10th amendments. Perhaps the most important concept that is rarely understood is Federalism.

Federalism

Federalism is simple: the United State Constitution and its Bill of Rights was written to restrain the Federal Government, not the State governments, or the people. The only exception is where NOT restraining the states would undermine the purpose of the power delegated to the Federal government by the United States Constitution.

Let's say I asked you to deliver a package for me. I would have to give you the right to carry the package in order to deliver it. However, to ensure that you don't open the package, I might say that the only rights you have are those which I have delegated to you, namely - delivery, everything else such as opening the package or knowing its contents, is reserved for me. This is similar to how the Constitution for the United States was written.

To keep the federal government in check, there were very specific powers it was granted in the United State Constitution which was ratified by the states using delegates selected by the people. The powers where Congress was authorized to pass laws are called the enumerated powers.They included things like the postal service for delivering messages between states (to facilitate the legal system), declaring war, etc. The idea was that the Federal government would act on matters outside or in between states such as making treaties, delivering the mail, or going to war, but not IN the states.

Further, there were specific limitations placed on the general Government as it was called then, and what we call the federal government, through the Bill of Rights. The majority of states refused to ratify the federal constitution until the Bill of Rights was included. In essence, the Constitution is a list of specific things the government CAN do, with the Bill of Rights further limiting it and including a very specific requirement that everything not described in the Constitution belongs to the states or the people. The state governments are starting to remember this, but the people have long forgotten. This is why the states have their own constitutions which may seem to contradict the federal government, and why stating that the second amendment IS your weapons carry permit, while in the state of New Jersey, will be irrelevant from the perspective of the NJ state government, and may very well get you arrested or killed if you attempt to assert that the 2nd amendment is your carry permit while in New Jersey.

Consider, that were the federal government not limited, then several of the clauses could be used to mean ... just about anything and overtime, this is EXACTLY what has happened, which has resulted in an upset in the balance of power between the federal government, the states, and the people.

As support of the foregoing, review the following preamble to the Bill of Rights to the United States Constitution:

"Transcription of the 1789 Joint Resolution of Congress Proposing 12 Amendments to the U.S. Constitution

Congress of the United States begun and held at the City of New-York, on Wednesday the fourth of March, one thousand seven hundred and eighty nine.

THE Conventions of a number of the States, having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best ensure the beneficent ends of its institution.

RESOLVED by the Senate and House of Representatives of the United States of America, in Congress assembled, two thirds of both Houses concurring, that the following Articles be proposed to the Legislatures of the several States, as amendments to the Constitution of the United States, all, or any of which Articles, when ratified by three fourths of the said Legislatures, to be valid to all intents and purposes, as part of the said Constitution; viz.

ARTICLES in addition to, and Amendment of the Constitution of the United States of America, proposed by Congress, and ratified by the Legislatures of the several States, pursuant to the fifth Article of the original Constitution. " (emphasis mine).

• In a similar way, one of the principal architects of the Constitution, James Madison, wrote regarding this same topic.

• "The committee satisfy themselves here with briefly remarking that, in all the contemporary discussions and comments which the Constitution underwent, it was constantly justified and recommended on the ground that the powers not given to the government were withheld from it; and that, if any doubt could have existed on this subject, under the original text of the Constitution, it is removed, as far as words could remove it, by the 12th amendment [became the 10th amendment], now a part of the Constitution, which expressly declares, "that the powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people." (emphasis mine) 20

• In the first place it is to be remembered that the general government is not to be charged with the whole power of making and administering laws. Its jurisdiction is limited to certain enumerated objects, which concern all the members of the republic, but which are not to be attained by the separate provisions of any. The subordinate governments, which can extend their care to all those other subjects which can be separately provided for, will retain their due authority and activity. Were it proposed by the plan of the convention to abolish the governments of the particular States, its adversaries would have some ground for their objection; though it would not be difficult to show that if they were abolished the general government would be compelled, by the principle of self-preservation, to reinstate them in their proper jurisdiction." See Federalist paper #14

• Some say that he did begin to change his tune during the war of 1812, but regardless, that is how the Constitution was sold to the people, as one with limited enumerated powers.

• the Virginia ratification of the United States constitution also supported this view.

• "We the Delegates of the People of Virginia duly elected in pursuance of a recommendation from the General Assembly and now met in Convention having fully and freely investigated and discussed the proceedings of the Federal Convention and being prepared as well as the most mature deliberation hath enabled us to decide thereon Do in the name and in behalf of the People of Virginia declare and make known that the powers granted under the Constitution being derived from the People of the United States may be resumed by them whensoever the same shall be perverted to their injury or oppression and that every power not granted thereby remains with them and at their will… " (emphasis mine) [21]

• Patrick Henry expressed concern about general welfare clause being too open ended, and his concerns were ultimately proved correct. Edmond Randolph, first US attorney general, retorted against such concerns: the Constitution provided for a limited government of enumerated powers - no phrase such as that can result in additional powers. He indicated that the Federal government will have only those powers that are expressly delegated. AT least 6 ratifiers stated similarly. (todo: add citations).
• (todo: clarify) If the feds attempt to use any other power, then virginia would be exonerated - was the attorney general of kentucky
• (todo: clarify) sat on the 5 member party for ratifying

Brief history of nullification by the states:

• Speech by Governor of Connecticut in 1809, Johnathan Trumble - it devolves upon the states in the last resort, to be the sentinel for the liberties of the people
• 1790 - Patrick Henry (todo: add details)
• 1820s - Ohio (todo: add details)
• 1850s - Wisconsin Supreme Court, notwithstanding the fugitive, appeal to state sovereignty
• 1860s - SC complained that it was sick and tired of the north doing so much nullifying
• Hitler was dead set against States rights - see MeinKampf

• And Thomas Jefferson described a similar reasoning in the failed Kentucky resolution, which was a failed attempt to reel in the corruption of the Constitution.

"Resolved, that the several States composing the United States of America, are not united on the principles of unlimited submission to their General Government; but that by compact under the style and title of a Constitution for the United States and of amendments thereto, they constituted a General Government for special purposes, delegated to that Government certain definite powers, reserving each State to itself, the residuary mass of right to their own self Government; and that whensoever the General Government assumes undelegated powers, its acts are unauthoritative, void, and of no force; that to this compact each state acceded as a state, and is an integral party; that the Government created by this compact was not made the exclusive or final judge of the extent of the powers delegated to itself; since that would have made its discretion, and not the Constitution, the measure of its powers; but that, as in all other cases of compact among powers having no common judge, each party has an equal right to judge for itself, as well of infractions as of the mode and measure of redress" [24]

• The debates from 39th session of Congress debating the 14th amendment also confirms this view. Some specific quotations support that federal encroachment into state law, would be a "departure from every principle ever dreamed of by the men who framed our Constitution."

"mr. hale. What is the effect of the amendment which the committee on reconstruction propose for the sanction of this House and the States of the Union? I submit that it is in effect a provision under which all State legislation, in its codes of civil and criminal jurisprudence and procedure, affecting the individual citizen, may be overridden, may be repealed or abolished, and the law of Congress established instead. I maintain that in this respect it is an utter departure from every principle ever dreamed of by the men who framed our Constitution."

Continuing:

"... reforms of this character should come from the States, and not be forced upon them by the centralized power of the Federal Government." (emphasis added)

• The Delaware ratifying convention also confirms this view [todo: add reference]

There is an another benefit to Federalism. If we take the concept of free market competition and apply it to the States, we can see there might be a type of competition between the states for citizens (and money they bring) by virtue of the state that best represents a person's values through the state's legal system. States could pass or revoke laws designed to attract citizenry. Maybe some states, like New Jersey, would be more restrictive and attract folks that prefer that type of legal environment and other states such as Texas would attract people who prefer less regulation. Why would anyone want more regulation? Well, many companies prefer to use the States of New York and Delaware for homing due to the extensive commercial laws in those states! We can see how this currently works as people are moving to states with better economic conditions such as Texas. Oh, New York won't let me have a pistol? No problem - I'll move to Texas or Kansas. Texas won't let me marry my gay partner while I have a pistol on my hip? No, problem I'll move to New Hampshire where I can have a pistol and marry my gay partner. There is, of course, some inherent logistical challenges to this form of competition.

• For more detailed discussion of this topic, please refer to Get off my State or #getoffmystate #federalismisthesolution on social media.

Judicial Review

Another concept which seems to have resulted in a gradual etching away of the principles in the Constitution is Judicial Review. Judicial Review started when the federal government, via the judicial arm, began to grant itself power through a 'little' Supreme court case called Marbury vs. Madison. When I was taught about this in high school, it always seemed quite strange - one day the court decided that they had the power to decide things for the other two branches. "Isn't that sort of like letting the fox guard the hen house?", I said to myself. The result is the federal government basically gave itself the power to interpret the terms of its own 'contract' rather than defer to Article V. Let that sink in for a moment! Judicial Review may have some historical precedent for it that predates the Constitution and was discussed during various state ratification debates,

but a few quotes from the esteemed Thomas Jefferson might indicate why it wasn't included explicitly.

• "The Constitution . . . meant that its coordinate branches should be checks on each other. But the opinion which gives to the judges the right to decide what laws are constitutional and what not, not only for themselves in their own sphere of action but for the Legislature and Executive also in their spheres, would make the Judiciary a despotic branch." (emphasis mine)

• "In denying the right [the Supreme Court usurps] of exclusively explaining the Constitution, I go further than [others] do, if I understand rightly [this] quotation from the Federalist of an opinion that 'the judiciary is the last resort in relation to the other departments of the government, but not in relation to the rights of the parties to the compact under which the judiciary is derived.' If this opinion be sound, then indeed is our Constitution a complete felo de se [act of suicide]. For intending to establish three departments, coordinate and independent, that they might check and balance one another, it has given, according to this opinion, to one of them alone the right to prescribe rules for the government of the others, and to that one, too, which is unelected by and independent of the nation. For experience has already shown that the impeachment it has provided is not even a scare-crow . . . The Constitution on this hypothesis is a mere thing of wax in the hands of the judiciary, which they may twist and shape into any form they please" (emphasis mine)

• "To consider the judges as the ultimate arbiters of all constitutional questions [is] a very dangerous doctrine indeed, and one which would place us under the despotism of an oligarchy. Our judges are as honest as other men and not more so. They have with others the same passions for party, for power, and the privilege of their corps. Their maxim is boni judicis est ampliare jurisdictionem [good justice is broad jurisdiction], and their power the more dangerous as they are in office for life and not responsible, as the other functionaries are, to the elective control. The Constitution has erected no such single tribunal, knowing that to whatever hands confided, with the corruptions of time and party, its members would become despots. It has more wisely made all the departments co-equal and co-sovereign within themselves." (emphasis mine) [12]

Despite Thomas Jefferson's objections, Judicial Review proceeded, and as time has drawn on it has become quite clear -

that there are numerous examples where the federal government (through the courts) has made some 'adjustments' to the law.

• In United States v. Cruikshank (1875), the Court ruled that "[t]he right to bear arms is not granted by the Constitution; neither is it in any manner dependent upon that instrument for its existence. The Second Amendment means no more than that it shall not be infringed by Congress, and has no other effect than to restrict the powers of the National Government."
• In United States v. Miller (1939), the Court ruled that the amendment "[protects arms that had a] reasonable relationship to the preservation or efficiency of a well regulated militia".

In District of Columbia v. Heller (2008), the Court ruled that the Second Amendment "codified a pre-existing right" and that it "protects an individual right to possess a firearm unconnected with service in a militia, and to use that arm for traditionally lawful purposes, such as self-defense within the home" but also stated that "the right is not unlimited. It is not a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose".

• In McDonald v. Chicago (2010), the Court ruled that the Second Amendment limits state and local governments to the same extent that it limits the federal government.

And some of the justices have 'mysteriously' determined that the federal government can do WHATEVER it wants as it applies to the states: "Under the Articles of Confederation, the Federal Government had the power to issue commands to the States. See Arts. VIII, IX. Because that indirect exercise of federal power proved ineffective, the Framers of the Constitution empowered the Federal Government to exercise legislative authority directly over individuals within the States, even though that direct authority constituted a greater intrusion on State sovereignty. Nothing in that history suggests that the Federal Government may not also impose its will upon the several States as it did under the Articles. The Constitution enhanced, rather than diminished, the power of the Federal Government."

• Note: "the constitution enhanced . . . the power of the Federal Government." [29]

But, let's give the court system ... some ... credit. Every once in awhile, we find that there is a case where perhaps the court itself might undermine its own credibility if it DIDN'T find something unconstitutional. For example, in 1997, in United States v. Lopez, the supreme court determined that Congress had made a statute which exceeded the power granted it. The Chief Justice, Rehnquist wrote: "We start with first principles. The Constitution creates a Federal Government of enumerated powers.".

The Interstate Commerce Clause

todo

Incorporation via the 14th Amendment Due Process Clause

The 14th amendment was basically a tool to provide former slaves with civil rights. After the 14th amendment was passed, there were a number of concerns raised about it being used to circumvent the concept of Federalism. Well, that's what eventually happened. The addition of the 14th amendment allowed the federal courts to gradually force the states to recognize the rights listed in the federal Bill of Rights. There are also different schools of thought and debate over this amendment. From the wikipedia: "Incorporation started in 1897 with a takings case, continued with Gitlow v. New York (1925), which was a First Amendment case, and accelerated in the 1940s and 1950s. Justice Hugo Black famously favored the jot-for-jot incorporation of the entire Bill of Rights. Justice Felix Frankfurter, however—joined later by Justice John M. Harlan—felt that the federal courts should only apply those sections of the Bill of Rights that were "fundamental to a scheme of ordered liberty." It was the latter course that the Warren Court of the 1960s took, although, almost all of the Bill of Rights has now been incorporated jot-for-jot against the states. The latest Incorporation is the 2nd Amendment which made the individual and fundamental right to "...keep and bear arms," FULLY APPLICABLE to the States, see, McDonald vs. City of Chicago, 561 U.S. (2010). The role of the incorporation doctrine in applying the guarantees of the Bill of Rights to the states is just as notable as the use of due process to define new fundamental rights that are not explicitly guaranteed by the Constitution's text. In both cases, the question has been whether the right asserted is "fundamental", so that, just as not all proposed "new" constitutional rights are afforded judicial recognition, not all provisions of the Bill of Rights have been deemed sufficiently fundamental to warrant enforcement against the states." In 1947 in "Adamson v California (332 U.S. 46 [1947]) when the Supreme Court began to accept the argument that the 14th Amendment requires the states to follow the protections of the Bill of Rights" [17].

But, such gains are not without a cost -- the same mechanism (the 14th amendment) that is used incorporate (force) federal laws to apply to the states is being used to force one-size-fits-all decisions on the states. This results in fun things like 5-4 decisions affecting 300 million people with specific examples being forcing people to bake cakes that are contrary to their religious beliefs, serve people they don't want to serve, or marry people they don't want to marry. As an aside, don't get me wrong, I think such actions as refusing to bake a cake because someone is gay are cruel, but I also believe that people have a basic right of association, to refuse service for whatever reason they want. Basically, you don't have to bake a "gay cake" if you don't want to, any more than I should be forced to bake a "gay people suck cake" if I don't want to! If it is hard to understand this concept with the word gay, then consider: what about a jewish baker being forced to bake a cake for a neo-nazi? This is the cost of freedom. However, if the system is allowed to function as designed, that is, with competition among bakers, it allows for different shops to emerge that may cater to different belief systems or expressing a desire to be apart from different types of people.

The 14th amendment text is admittedly rather difficult to decipher without the benefit of the 39th session of Congress.

The text is as follows: "1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. 2. Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice-President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State.

3. No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.

4. The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void.

5. The Congress shall have power to enforce, by appropriate legislation, the provisions of this article."

• The 39th session of Congress debating the 14th amendment has some interesting discussion concerning the application of the rules for the federal government, and by proxy, the bill of rights into the states. A short excerpt follows.

"mr. hale. What is the effect of the amendment which the committee on reconstruction propose for the sanction of this House and the States of the Union? I submit that it is in effect a provision under which all State legislation, in its codes of civil and criminal jurisprudence and procedure, affecting the individual citizen, may be overridden, may be repealed or abolished, and the law of Congress established instead. I maintain that in this respect it is an utter departure from every principle ever dreamed of by the men who framed our Constitution."

Continuing:

"... reforms of this character should come from the States, and not be forced upon them by the centralized power of the Federal Government." (emphasis added)

• Ever watched a cop show where they read the rights. They typically say: "You have the right to remain silent. You have the right to an attorney ..." Where does speaking these rights, the so-called Miranda rights, originate? Was it the 5th amendment being applied to the states? Or, as determined in the federal supreme court case of Hurtado v. California, was it whether the 14th amendment: "Due Process Clause extended to the states the 5th Amendment's Indictment Clause requiring indictment by grand jury."?

Strict Construction to the General Welfare Clause

A particularly blatant reinterpretation of the Constitution is centered around the general welfare clause. Remember when it took a constitutional amendment to ban alcohol in the first part of the 1900s? Then later the Drug Enforcement act didn't require an amendment? Why? Read about the revolution of 1937 where the federal government granted itself even more power by interpreting (through the courts) the general welfare clause to mean just about anything! The governor of Texas recently commissioned a project to analyze where the Federal government has usurped power and came to the same conclusion, but also expanded the conclusion to include the interstate commerce clause and others as being used by the Federal government to usurp power.

The Supremacy Clause Applies to Specific Powers

The Supremacy Clause says that the Constitution and laws in pursuance thereof are Supreme. It does not say that the federal government, federal laws, or the Supreme Court is supreme. The supremacy clause, as commonly understood by united states citizens today, is often used as an excuse for the federal government to do WHATEVER it wants, but this is not so.

The United States Constitution authorizes the United States Congress to exercise only those powers enumerated in Article I, Section 8, of the Constitution, as well as certain other powers delegated to Congress by subsequent amendments to the constitution. Article VImakes supreme the Constitution and only laws in pursuance to the Constitution and requires the individuals at all levels and in all branches of government to support the Constitution.

The key is here: "only laws in pursuance". The Constitution until the late 1800s to mid 1900s was understood as delegating a limited set of powers to the Federal government. Imposing duties or tariffs was one of those powers. However, the state of South Carolina didn't like some of the duties and tariffs and attempted to thumb its nose at the Federal government. In response, president Andrew Jackson wrote regarding SC’s Nullification Act: “The ordinance is founded, not on the indefeasible right of resisting acts which are plainly unconstitutional, and too oppressive to be endured, but on the strange position that any one State may not only declare an act of Congress void, but prohibit its execution — that they may do this consistently with the Constitution — that the true construction of that instrument permits a State to retain its place in the Union, and yet be bound by no other of its laws than those it may choose to consider as constitutional.” See: proclamation-regarding-nullification

As Jackson indicated, "indefeasible right of resisting acts which are plainly unconstitutional, and too oppressive to be endured", unconstitutional federal laws/acts are null and void, and should be ignored or punished.

The text of the clause can be found at

under Article VI, Clause 2.

"This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing [sic] in the Constitution or Laws of any State to the Contrary notwithstanding."

James Madison covers several of the finer points about how the supremacy clause could have worked and the result in each case. Depending on the wording, he demonstrated that the Supremacy clause was needed, otherwise there was basically no point in having a Constitution in the first place. He goes on describe the problems inherent to listing out every single thing the Congress could act on and the problems inherent to each method, ultimately arriving at the way the supremacy clause is worded gives power to the federal government. There is also good discussion of this clause by James Madison under Federalist paper #44, but an excerpt has been included for convenience.

Under Federalist Paper #44, Madison begins by explaining some of the powers delegated to the federal government such as coinage, but then he dives into the matter of the wording of the supremacy clause. Basically he indicates that the way it is worded is the only way to word it for the Constitution to have any power at all. He states:

"There are four other possible methods which the Constitution might have taken on this subject. They might have copied the second article of the existing Confederation, which would have prohibited the exercise of any power not EXPRESSLY delegated; they might have attempted a positive enumeration of the powers comprehended under the general terms "necessary and proper"; they might have attempted a negative enumeration of them, by specifying the powers excepted from the general definition; they might have been altogether silent on the subject, leaving these necessary and proper powers to construction and inference. "

Continuing, Madison writes:

"Had the convention taken the first method of adopting the second article of Confederation, it is evident that the new Congress would be continually exposed, as their predecessors have been, to the alternative of construing the term "EXPRESSLY" with so much rigor, as to disarm the government of all real authority whatever, or with so much latitude as to destroy altogether the force of the restriction. It would be easy to show, if it were necessary, that no important power, delegated by the articles of Confederation, has been or can be executed by Congress, without recurring more or less to the doctrine of CONSTRUCTION or IMPLICATION. As the powers delegated under the new system are more extensive, the government which is to administer it would find itself still more distressed with the alternative of betraying the public interests by doing nothing, or of violating the Constitution by exercising powers indispensably necessary and proper, but, at the same time, not EXPRESSLY granted. Had the convention attempted a positive enumeration of the powers necessary and proper for carrying their other powers into effect, the attempt would have involved a complete digest of laws on every subject to which the Constitution relates; accommodated too, not only to the existing state of things, but to all the possible changes which futurity may produce; for in every new application of a general power, the PARTICULAR POWERS, which are the means of attaining the OBJECT of the general power, must always necessarily vary with that object, and be often properly varied whilst the object remains the same.

Had they attempted to enumerate the particular powers or means not necessary or proper for carrying the general powers into execution, the task would have been no less chimerical; and would have been liable to this further objection, that every defect in the enumeration would have been equivalent to a positive grant of authority. If, to avoid this consequence, they had attempted a partial enumeration of the exceptions, and described the residue by the general terms, NOT NECESSARY OR PROPER, it must have happened that the enumeration would comprehend a few of the excepted powers only; that these would be such as would be least likely to be assumed or tolerated, because the enumeration would of course select such as would be least necessary or proper; and that the unnecessary and improper powers included in the residuum, would be less forcibly excepted, than if no partial enumeration had been made. Had the Constitution been silent on this head, there can be no doubt that all the particular powers requisite as means of executing the general powers would have resulted to the government, by unavoidable implication."

Here again, he basically writes, what's the point of granting power and then rendering it ineffectual:

"No axiom is more clearly established in law, or in reason, than that wherever the end is required, the means are authorized; wherever a general power to do a thing is given, every particular power necessary for doing it is included."

The enumerated powers limit where Congress can pass laws, basically limiting it to matters in between states and outside the states. The last clause, "make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers", narrows the scope of what laws Congress can pass. The list of powers follows.

• The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defense and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;
• To borrow on the credit of the United States;
• To regulate Commerce with foreign Nations, and among the several States, and with the Native American Tribes;
• To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;
• To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;
• To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;
• To establish Post Offices and Post Roads;
• To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;
• To constitute Tribunals inferior to the supreme Court;
• To define and punish Piracies and Felonies committed on the high Seas, and Offenses against the Law of Nations;
• To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;
• To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;
• To provide and maintain a Navy;
• To make Rules for the Government and Regulation of the land and naval Forces;
• To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;
• To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;
• To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings; And
• To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.

The Income Tax

The funds the Federal government obtains from the income tax are used as a carrot stick to encourage compliance with the federal laws. While this is not necessarily a bad thing that there may be some standardization across the states, it is not without a cost - standardization and the carrot sticks removes incentives for state governments to compete for citizens - resulting in poor laws, lack of innovation, a one-size-fits-all approach that lacks sufficient flexibility to deal with individual conditions.

Tender

"The United States Constitution declares, in Article I, Section 10, "No State shall... make any Thing but gold and silver Coin a Tender in Payment of Debts". This means that no State can make something besides gold or silver a "tender in payment" (which means they cannot "make something else an offer as payment") for any debts, which would include debts owed by and to the State. However, EVERY State in the United States of America HAS made some other "Thing" an offer as payment - they have by law declared that they will accept, and pay out, Federal Reserve Notes for any debts owed by or to them. Therefore, every State is in violation of Article I, Section 10 of the U.S. Constitution. Thus the need for the "Constitutional Tender Act" -- a bill template that can be introduced in every State legislature in the nation, returning each of them to adherence to the United States Constitution's actual legal tender provisions. [34]

Naturalization vs. Immigration

• Naturalization was a federal function, immigration was state function. Listen here and jump to time index 28:40.
• Jim Babka of downsizedc.org had this to say about the "Doctrine of Enumerated Powers: Based on the Ninth and Tenth Amendments, as well as the Federalist Papers which pre-date those amendments, ONLY those powers which are explicitly listed in the Constitution belong to the federal government. Application: The Constitution gives Congress the power to set rules for naturalization (but not to limit it). Nowhere is Congress given the power to regulate human travel or the right to work (without warranted probable cause or individualized due process). And the laws they will create, to do these unconstitutional things, will be used to crush the liberty of the citizens already enrolled. Which is why the Congress wasn't given the power to regulate these natural, human behaviors in the first place."

Congressional Oligarchy and Resistance to Change

The problem is that senators and congressmen are locked into a system - they won’t easily give up power either. It could be compared to being in the stage right before a gun fight begins - if anyone flinches or moves a muscle, everyone dies in a gun fight. So Republicans have to keep fighting and Democrats keep fighting otherwise they will give up ground. Unfortunately, the result is that Congressmen who have been in office for some time tend to control the rest of Congress! It has been noted that there are about 30 representatives and Senators who control the whole thing.

The Legal System

todo: the legal blame game stifles innovation. Perhaps our modern legal system arose out of a long ago need to document agreements - making things clear for all parties to an agreement, but the result has been that over time our Government has gotten so complex, that even the Government doesn't understand how it works. One doesn't have to look very far for proof of this - over the past 200 years, the Supreme Court has made wildly different interpretations of Constitutional clauses. Basically the litigious environment in the United States, in general, creates hostile conditions for the emergence of natural leadership.

There are examples.

While the following incident is not directly related to the United States Constitution, it does drive home the point. During the flooding of Louisiana in 2016, some folks went to go help rescue perhaps hundreds of thousands from the floods. The state legislature decided it was a good idea to jump in and limit its own liability by requiring a waiver be signed by any potential good samaritans. Got that?

“At the end of the day, there are going to be two things that are going to be the hurdle when you approach it from the state’s standpoint,” Sen. Perry said. “Liability is going to be number one for them. They don’t want the liability of someone going out to rescue someone and then not being able to find them, and secondly, there’s a cost.” (see: http://www.wwltv.com/weather/flooding/lawmaker-licensing-for-cajun-navy-is-not-meant-to-limit-them-but-rather-empower/305888717)

Corruption in Voting / Political Parties

The recent corruption exposed by the Trump and Bernie Sanders campaigns including superdelegates and political parties hijacking legislation further distances the people from their government.

Some research and incidents have been noted as follows:

• [W]e should ever lose sight of the danger to our liberties if anything partial or extraneous should infect the purity of our free, fair, virtuous, and independent elections. If an election is to be determined by a majority of a single vote, and that can be procured by a party through artifice or corruption, the Government may be the choice of a party for its own ends, not of the nation for the national good." —John Adams (1797)

Corruption in the Press

Yellow Journalism

todo:

• See: Yellow Journalism
• Editing of sound clips

Internet Search Tampering by Google et al

Internet search rankings can impact election results by altering which candidate or message appears at the top of the search results.

Some research and incidents have been noted in this area.

• "Search rankings have this powerful effect on votes for the same reason that they have one on consumer behaviour: the higher the ranking, the more people believe and trust the content, mistakenly assuming that some impartial and omniscient genie has carefully evaluated each Web page and put the best ones first. (Not so.)

Epstein's team then tried the same technique on 2,000 actual voters in India's recent presidential election. That's right, we deliberately manipulated the voting preferences of more than 2,000 real voters in the largest democratic election in the history of the world," he writes, "easily pushing the preferences of undecided voters by more than 12% in any direction we chose - double that amount in some demographic groups." See: Tampering with Internet based Political searches

Constitutional Liberty - Restoration Challenges

So far this article has covered some of the major problems that have resulted in the gradual erosion of the Constitution, but there is also the problem of restoration. Sometimes the solution can be worse than the problem. We still have plenty of freedom - for example, this article! Further, the system is a huge machine and due to the entropy in the system, it is unlikely it will change for the better on a large scale. This leaves us with actions that we can do as individuals. To guide such a movement, any changes must be carefully weighed out and considered against the principle that they will likely result in their opposite unless the opposite effect is accounted for. In other words, actions taken need to be holistic - considering multiple viewpoints, perspectives, and strive to be the closest approximation of what can be realistically done. Try to think what could happen if everyone does an action taken.

Before proceeding further, we'll cover some of the challenges in implementing change.

Law Retention

Currently, there is a fairly standardized base of rules used for automobile traffic.

Red lights at an intersection indicate the traffic should STOP and green lights indicate that traffic should go. Let's say that for whatever reason, we wanted to change the colors - making Red, GO, and Green, STOP. It could be argued that such a change would cause a number of car accidents, so even if we wanted to change the color of the lights - it is probably unrealistic to try. In like manner, some of the more extreme measures such as an invocation of Article V to convene the state legislatures to redo the Constitution could result in more harm than good when we factor in the amount of confusion present in today's culture concerning the constitution. For a visual, see the below picture taken the morning after Sweden changed from driving on the left side to driving on the right (1967).

Scaling

With a government of our size, some things work better when scaled up - such as national defense, whereas others require more local control. With a nation that has so many diverse backgrounds as our, a one-size-fit-all approach results in failed legislation. National defense may work well on a larger scale, but this also introduces inefficiencies.

Change Control

Even if we were to correct the flaws in understanding and implementation of the Constitution, the usurpations of power, and so forth - this situation has been in 'production' for over 200 years and it is unlikely, perhaps dangerous to attempt to change such things without a real idea of what the outcome might be. It's the only government we have - imagine accidentally triggering a revolution and the resulting loss in life that might occur.

Power Vacuums

We toppled the Iraqi government, then pulled out and the resulting power vacuum is called ISIS?

Historical Performance

todo: Just because something was once done a certain way, doesn't mean it must continue to be done that way. this also doesn’t consider the reality of inheritances - over time money would tend to coalesce. Money buys power.

Tools for Reform

Our founding fathers built in numerous peaceful mechanisms to change the system, but it requires each of to do our part - to become educated on how the system works and perhaps what can be done is to challenge the system at its weak points as individual or as a group of citizens - very similar to how gay people challenge the system to effectively force people to bake cakes for them. Before engaging the system - a careful study of its operation is necessary. This could include understanding the process of obtaining basic legal recognition through documents such as a birth certificate, marriage license, and passport. There is also challenging the state in court via the common law system where the citizenry has an advantage. In some states, this seems to work OK, in others, it has landed many jail time and a slew of protesters who clog up the courts for mostly bogus reasons (IMO)!

The following areas will cover some of the tools available for an individual to challenge the system (via the courts, by writing articles such as this, by educating sons and daughters):

Be the Change

Very difficult to boil an ocean - be the change, Ghandi, etc. Jesus certainly left his mark, but his kingdom is not an earthly one! God knew what He was doing when designing this place, so relax - even though everything is messed up, all is well!

With movements, watch out for mixed results and outcomes e.g., the work of Sinclair did nothing for the worker, but did inspire legislation for improvements in meat packing plants. Before taking significant action, the most important thing is to recognize that you don't know what you don't know, and from there begin to expand your understanding of how the government, and by proxy, life itself works.

This World and the Natural Laws

• Recognize that this world is the way it is for a reason that could escape us, but that doesn't confine us to complacency while here! Learn about the Natural laws of creation - while there are laws whose effects we can all observe, such as gravity, consider that there are also laws which control the interactions of people in this world - that such laws are baked into how our minds work and, in a sense, control our ... luck.

Make it your Own

Prove me or yourself wrong and tell me what can be improved in this article.

Share with those that are Receptive

Share the knowledge with receptive others. Arguing with closed minds is a fool's game. Make your AIM to learn from others - to understand and empathize with their perspective, even if you disagree! Often there is a common thread that is hidden from both sides of a disagreement.

Human Nature

Absolute power absolutely corrupts

Economics

To understand government, one might also learn the basics of economics. Mike Rowe offered this: “... Start with “Economics in One Lesson.” Then try Keynes. Then Hayek. Then Marx. Then Hegel. Develop a worldview that you can articulate as well as defend. Test your theory with people who disagree with you. Debate. Argue. Adjust your philosophy as necessary (See A_Reason-ABLE_process. Then, when the next election comes around, cast a vote for the candidate whose worldview seems most in line with your own.”

Some links to useful primers on economics are available.

• Mises Institute
• Economics in One Lesson

Citizenship

todo: Understand the hows and whys of citizenship. http://fpc.state.gov/documents/organization/147254.pdf

• Obtain Common Law Driver's License just because *todo add link*
• Obtain Passport (see 1215.org) *todo add link*
• Send letter without a zip code (add link)

Petition the Government

• Sign the petition to reel in the federal government.
• Sign appropriate government petitions, see other petitions: Government Petitions
• Try out National Write your Congressman: http://www.nwyc.com

Jurisdiction

todo: Take note that Judicial Review seems to have found its way into the courts despite it not being explicitly mentioned. This tends to imply that there are some concepts which exist OUTSIDE of the Constitution that pertain to the court system. The Term, Jurisdiction, itself seems to have become lost.

Jury Nullification

Jury Nullification is a finding in favor of the defendant despite the facts or law of the case. Borrowing from the wikipedia, "This may happen in both civil and criminal trials. In a civil trial, a jury nullifies by finding a defendant not liable, even though members of the jury may believe the defendant is liable. In a criminal trial, a jury nullifies by acquitting a defendant, even though the members of the jury may believe that the defendant did the illegal act, but they do not believe he/she should be punished for it. This may occur when members of the jury disagree with the law the defendant has been charged with breaking, or believe that the law should not be applied in that particular case." Jury Nullification is one of the many tools available against usurpation of power; however, few are willing to use it,

though there are exceptions.

• IRS vs. Doreen Hendrickson
• - A Final Rampart Against Tyranny

Habeas Corpus

todo: Consider the materials at 1215.org, while perhaps counterbalancing with the materials at rationalwiki.

The Education System

todo:the role of home school

Liberty Education

With an open mind- grow your own understanding. Set out to prove concepts right or wrong and harmonize different perspectives. Learn for yourself and instruct your children.

Resources:

• Tuttle Twins
• Lessons for the Young Economist]
• How an Economy Grows and Why It Crashes
• Whatever Happened to Penny Candy? A Fast, Clear, and Fun Explanation of the Economics You Need For Success in Your Career, Business, and Investments
• Tom Woods' Recommendations]

The Press

• Monitor governmental announcements - see govdelivery.com, https://public.govdelivery.com/accounts/USDHSUSCERT/subscriber/network

Fact Checking

But who fact checks the fact checkers?

The Internet

• todo: *in progress discussion point * Requirement to install Kazikstani root certs
• todo: Personal responsibility in sharing things on Facebook

Federal Constitutional Related Changes

Prioritization

• There are a number of proposals to reel in Congress such as Term Limits. While such proposals sound good in principle, but it is unlikely that Congress will ever restrain its own power unless we boot out the incumbents, so treat what follows with a level of priority based on what can be realistically done. Keep pushing for the big items, but note there are many practical things that can be done today.

Court Activism

• Join DownsizeDC . org and support their Amicus Briefs, Read the Bills Act, and One Subject at a Time Act:
• https://downsizedc.org/blog/free-press-amicus-brief-in-citizens-united-case

Term Limits

todo: *in progress discussion point * Refer to Brett Rogers' plan step 2 under Action Steps Summary below.

Read the Bills Act

Join DownsizeDC . org and support the Read the Bills Act

One Subject at a Time Act

Join DownsizeDC . org and support the One Subject at a Time Act:

State Constitutional Related Changes

State Nullification and Push-back on Federal Encroachment

• Create a state legislative framework that allows for pushing back on federal encroachment. Listen here or read more here.

Secession

• Sidenote: the Ethiopian Constitution provides a clear path to secession as does the Texas Constitution under Article 1 Section 2.

• Marvin Tyson writes in response to a Houston Chronicle article about secession: "Since WWII 148 States around the world have seceded via a peaceful ballot referendum (150 voted, w/only Scotland and Quebec voting "NO").

The U.S. and UN supported and quickly recognized each and every one of these newly independent States and the vast majority of Americans cheered. Fast forward to today and some (not nearly a majority, thank God) of these same Americans are blinded with rage because their fellow Americans want to exercise this same right they recently cheered. That takes some twisted idea of "patriotism" or morality. Remember the Soviet Union? That monster that every American school student was told for decades was a place in which unwilling masses of people were held in bondage as virtual slaves? Well every one of those "slave States" freely voted in a popular referendum and chose independence and self-government. While we here in "the land of the free" are held up as un-American by the same people and politicians that were fairly dancing in the streets when Georgia, Lithuania et al. voted for local self determination, only because we simply want to have a voice in our children's pathway into the future. After all, that's all any of the Texas Independence groups are asking for, a chance for the people of Texas to make this choice at the ballot box. Isn't that what America once stood for, government by the citizens?"

Politics Related Actions

Networking

• Find out who is donating to who to who in your area and considering becoming friends:

http://www.campaignmoney.com http://votesmart.org/

State-level Political Education

• Find out about the politics in your state - here is a good resource: http://openstates.org/about/

Issue Stances

• Determine where your representatives actually stand on the issues before voting

See:

• On the Issues
• I side with

Metrics

• National Tax Payer's Union

Incumbent Removal

• Boot out incumbents, see here: http://www.3502018.com
• Learn about marketing, niches, and effective slogans.

Miscellaneous Steps

• Learn about the 10th amendment, see http://tracking.tenthamendmentcenter.com
• Don't let Congress delegate its law-making powers to the Executive Branch bureaucracy.
• The best way to prevent bad laws - Legislative Quality Control.
• Support a Line item Veto - (has a cost - Senator Rand Paul has used line items quite effectively to stop some legislative packages)
• With rare exception, take note that before your Congressman will listen to you, you must have money!

Personal Credits

• the Source of Inspiration, and the All-pervading-consciousness-that-is-in-each-of-us-and-that-we-all-are-a-part-of.
• My lovely wife, parents, and brother and sister.
• My friends: S. Jones, S. Warren, A. Cronshaw, G. Meilahn
• On Facebook: Keep Texas Free, Get off my State, Brett Rodgers, Dwayne Stovall, Marvin Tyson, Tom and Kathy Glass,

Bibliography

• [1] http://scholarship.law.georgetown.edu/cgi/viewcontent.cgi?article=1853&context=facpub
• [2] http://constitution.org/mil/cs_milit.htm
• [3] http://www.usconstitution.net/xconst_Am2.html
• [4] http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1147764
• [5] https://supreme.justia.com/cases/federal/us/521/898/case.html
• [6] http://www.sheriffbrigadesofpenn.com/2012/09/18/the-victory-for-state-sovereignty-2/
• [7] https://supreme.justia.com/cases/federal/us/521/898/case.html
• [9] http://constitutionalawareness.org/genwelf.html
• [10] http://news.slashdot.org/story/15/09/15/0328243/law-professor-genetic-engineering-is-probably-protected-by-the-first-amendment
• [11] http://www.constitution.org/powright.htm
• [12] Thomas Jefferson's Opinion of Marbury v. Madison, see excerpts from his letters on Street Law: http://www.streetlaw.org/en/Page/284/Thomas_Jeffersons_Reaction
• [13] Judicial review -was it established at the time of the constitution
• [14] On the Revolution of 1937: http://trace.tennessee.edu/cgi/viewcontent.cgi?article=1216&context=utk_chanhonoproj
• [15] https://en.wikipedia.org/wiki/Enumerated_powers
• [16] http://www.nytimes.com/1987/08/03/us/washinton-talk-letters-to-congress-amend-the-constitution-let-us-count-the-ways.html
• [17] http://www.usconstitution.net/consttop_bor.html
• [18] http://press-pubs.uchicago.edu/founders/print_documents/a6_2s19.html
• [19] http://www.encyclopedia.com/doc/1G2-3401804785.html
• [20] http://press-pubs.uchicago.edu/founders/documents/v1ch8s42.html
• [21] http://tenthamendmentcenter.com/2015/09/03/restoring-the-compact-theory-vital-to-restoring-the-constitution/
• [22] http://www.americanbar.org/content/dam/aba/publishing/preview/publiced_preview_briefs_pdfs_09_10_08_1521_PetitionerAmCuSenatorKayBaileyHutchison.authcheckdam.pdf
• [23] http://works.bepress.com/cgi/viewcontent.cgi?article=1028&context=robert_natelson
• [24] Kentucky Resolutions of 1798; see also "Reclaiming the American Revolution," Wm. J. Watkins, Jr.,Palgrave MacMillan, 2008, p.165.
• [25] http://www.examiner.com/article/a-history-of-georgia-s-constitutional-right-to-bear-arms
• [26] Keep Texas Free
• [27] http://www.goodreads.com/quotes/578626-government-has-three-primary-functions-it-should-provide-for-military
• [29] https://www.law.cornell.edu/supremecourt/text/505/144
• [31] http://ammo.com/articles/second-amendment-supreme-court-cases-guide
• [32] http://memory.loc.gov/cgi-bin/ampage?collId=llac&fileName=001/llac001.db&recNum=390
• [33] http://marcstevens.net/successes
• [34] http://www.constitutionaltender.com/
• [36] https://freedom.press/encryption-works