Tag Archives: Congress

ARTICLE V

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

AMERICA – Article I

Our Constitution has seven Articles, or “topic sections,” in a sense. The longest and most important, is the first. It describes the bi-cameral Congress. While both Senators and Representatives are members of Congress, we have customarily called Representatives, “Congressmen or Congresswomen;” Senators are Senators. However, members of both “Houses” are members of Congress. Congress OUGHT to be the most important of the three branches of government. It represents the people of the States (Representatives) and the States, themselves (Senators), at least that is the original design. That design has been weakened variously and repeatedly by those who don’t trust small-r “republicanism.” Those are they who proclaim that the United States is a “democracy,” which is intentionally NOT the basic covenant embodied in the Preamble or in the Constitution, itself.

Before we dig deeper into Article I, we must illuminate the problems inherent in “democracy.” Like many, you have probably been convinced to revere democracy when, in fact, it must be carefully constrained in order to serve the government proposed by the Constitution, a real vessel for reverence. Prudence would instruct that democracy is only a mechanism for selecting our representatives, the most crucial of the members of Congress.

Inevitably, the more power allowed to democracy, the more likely that the government will become authoritarian and no longer a partner with its citizens in their success. Democracy gains power from majority action, only. The majority rules in “a democracy.” There are no protections for minority interests. The intended partnership role of our government of the people, by the people and for the people, will quickly degrade to protection of the government and the governors, which we see now in 2023. What has this to do with democracy or the Senate?

The Senate was originally designed to represent the interests of the STATES, whose sovereignty in our FEDERATION, was paramount for many in the Convention and many in the country (and still should be). Every State had its interests and every Senator had reason to respect the will of his or her State’s legislature. In other words, Senators had to answer to a very small set of representatives of their State’s population. Those worthies ought to have had the needs of their States uppermost in their minds, and could not be ignored at the times of choosing their Senators. Senators were supposed to be responsible to their States’ interests.

The Seventeenth Amendment to the Constitution was ratified in 1913, a most dangerous period for our Republic and for republicanism. It changed the election of Senators to statewide popular voting – pure democracy with almost no accountability, in fact. Since then, the quality of Senators has declined significantly, on average. Democracy places more power in the hands of power and money “brokers,” as it were. Being accountable to everyone has meant being accountable to no one… no one, that is, except the leaders of the Senate and their control of their parties, and of sources of campaign funds.

Pure democracy also is subject to temporary, sometimes mob-like majority emotions. This was recognized in ancient Greece and is an even greater threat in the world of social media, 24–7 news media and widespread (planned) ignorance of reality and history. The mechanism of a Republic filters out those emotions. Citizens must choose the best among them to represent their interests TO the government; States would go through two stages of selection: first to their legislatures and Governors and then to their subsequent appointments of Senators. The Senate, with its longer terms, limited membership and fractional replacement, should be the more thoughtful and, dare we say, wise house of Congress. It’s design is intended to prevent emotional response and to be more accountable for its actions. Much of that “shock-absorber” function was thrown out with the switch to direct election in 1913. For shame.

Still, there are two houses of Congress and both must approve legislation, ostensibly a brake on foolish ideas. In the two-party fog of war, however, and the lack of limits on terms, it serves more effectively to stop good ideas. Abortion, for example can be hotly defended while balancing the budget is set aside. Worse, the Congress has, since the end of the Civil War, rushed to devolve its responsibilities and hand them to the (unelected and virtually un-fire-able) administrative state. About three-fourths of the federal “budget” is in the realm of entitlements or pensions, and “State-aid,” Federal dollars paid out to a thousand programs that States ostensibly control (or misapply). Those dollars twist the sovereignty of states and the thought processes of representatives and senators: No state should receive an unfair allotment of federal largesse. Federal dollars come as if by magic, with many of them being borrowed from the unbelievably distant future, sidestepping the responsibility of raising taxes to obtain them. Congress, both Houses, have “bought into” this sham. There is little statesmanship to point to among the whole number of them.

The most important power of the House of Representatives is to initiate any raising or, as virtually never happens, reducing of revenues. This includes raising taxes or changing tax rates. The Senate must concur, including amendments to bills, so they are nearly as involved in budgets as the House, including in terms of shucking responsibilities in favor of the administrative state.

Other powers of Congress include BORROWING against the full faith and credit of the United States; Coining money and regulating the value thereof; Set uniform rules of naturalization (for legal immigrants); to regulate commerce with other nations and among the several States; to promote the advancement of the sciences and protect invention and copyrights; to declare war including raising the Army and the Navy; to provide for calling forth the Militia to execute the laws of the United States, and to suppress Insurrections and repel invasions. Among other things.

The Congress is also charged with making laws necessary to effect Execution of the laws passed for operation of the Government and any agency or Department thereof. This last has proven to be the greatest threat to the “Blessings of Liberty” ordained in the Preamble. Hence the administrative and nearly perpetual state, busy passing regulations that are enforced as if at the status of enacted Law. For shame.

The discussion of Article I has, unfortunately, been mostly a rendition of what is failing in Congress and in the operations of Congress, and how far afield from the intentions of republican governance Congress has strayed. It is intensely advised, and Prudent, that Americans study Article I and reflect on history and the events of the past 30 years or so. Congress needs reconstruction as much as the South did in 1866, for it has engaged in insurrection against the Constitution, attempting to overthrow it by divesting Congress, itself, from its responsibilities. The United States is nearly $34 Trillion in debt.

[ See: https://www.prudenceleadbetter.com/2020/09/27/knife-edge-election/ ]

“Charlie” McCarthy

Mr. Kevin McCarthy, ostensible Speaker of the House of Representatives of the People of the United States of America, in Congress, assembled, sans acclaim, is either confused or a compromised fool.  In his one opportunity to negotiate anything with the ostensible President of those same United States, sans acclaim, McCarthy managed to scrape the crumbs from the dinner trencher of the Big Guy, nearly dislocating his RIGHT shoulder from patting his own back in triumph.

Not a word was said about the defense of America and her people, or about the open border that threatens us, all.  Across the table from a documented criminal-President, McCarthy’s deep, deep concerns floated to the surface… of the Swamp – they were mostly air, after all… air-time, most accurately.  His leadership was on brilliant display, however, as he led his party to, ummnnh… well, nowhere.

Where does the Constitution permit the FEDERAL government to impose costs – illegal costs – upon the States of the Union?  Where does the Congress get the right to finance – BORROW to finance – the failure to follow U. S. law?  How can the Congress be a party to FAVORING illegal aliens over U. S. citizens?  Who, after all and in fact, does every sworn Member of the Congress of the United States of America work for and get paid by?  By LAW?

The weakest President in Prudence’ lifetime has bested one of the weakest Speakers – excepting Paul Ryan, perhaps.  Any Patriot must wonder why he or she still supports the Republican Party?  Here is a President of very questionable electoral authority and ethics, whose only means of communication other than scripts on teleprompters, is to spin fables: outright falsehoods that spill from his untethered brain and mouth like han ds-full of nuts, too bulky to allow for chewing… or mulling slightly.  Yet, not a word about the defense of our borders, our cities, our states, our citizens… or our very economy.  Most tragically, there was nothing about reducing our debt.

One must wonder why McCarthy agreed to this charade.  Is it simply, corruptly, to retain powerful “issues” with which to campaign?  To retain power for these lowly appendages of the deep-state Swamp?  Couldn’t get rid of Majorkas?  Or Wray?  Or, Milley or Austin?

When people from “both” sides are touting Victory, you know the “compromise” is a stinking pile of crap.