Tag Archives: federal

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.

The Injustice of Rights

Feed the Pig… and his employees.

We are obsessed with “RIGHTS” in the United States.  This isn’t to deny God-given, or “natural” rights, like Life, Liberty, self-defense, or Independence… or the right to one’s beliefs – about anything.  But it should raise questions in wise people’s minds about so-called “rights” that amount to immorality and other licenses to destroy.  It should make a person, especially a citizen of the United States, demand that TRUTH be part of every law and, therefore, every right that is protected by the Constitution of the United States of America.  This, of course, must mean TRUTH that is empirical and based on a structure of reality that is, itself, based on evidence.  Rights should never be based on popularity or “fad.”

To maintain a culture and a country based on empirical truths requires that the basis of truth, itself, must be controlled by the citizenry, not the government, and this requires several components and LIMITS, which we call, responsibility.  The system relies upon clear-thinking by each citizen and the ability to obtain knowledge, not just opinion, from available heritage-media, as Prudence defines it.  Heritage media is written history of both success and failure, and a wide gamut of opinion and philosophy about historic TRUTH or that serves to illuminate the shadows of historic truth.  Honesty, therefore, is essential in that culture’s economics, law and governance, and in ALL contracts, public and private.

In the imperfect processes of human civilization, society and family, mechanisms must be provided and defended that allow for correction of dishonest trends and tendencies.  The failure of course-correction in society, governance and education must, itself, be corrected as frequently as necessary in order to return to a path built on TRUTH and HONESTY.  The human tendency to take advantage of power, whether political or economic, must be correctable and, as automatically as possible, removable, so that the vast majority of citizens retain its opportunities for advancement, comfort and safety.

That is, any legitimate form of government, must deal with citizens as individuals, and, where possible, partner with each to assure individual “success” as a free and honest individual.  Both government and citizens must be acting honestly for this effect to be in balance and to manifest.  Language, therefore, must be rigidly defined as to meaning and understanding, a function of honesty that educational methods and content must be based upon.

The greatest opportunity for tyranny exists in government, no matter how benignly formed and constituted.  Police power resides in government and its only limits are a judicial system and politics.  We like to think that written law protects us as individuals, but the judicial system must agree with those writings, which requires purity of honesty.  Citizens attempt, through politics, to limit judicial power to honest jurists, but the system is imperfect.  The means to correct the course of judicial dishonesty are few and awkward to employ and, in fact, arcane on purpose.  Under the Constitution we hope that imperfect, if not dishonest, politicians will magically elevate the most honest individuals to our “Supreme” court.  It is a hope that, historically, has proven only partially fulfilled, but to a somewhat better degree than all judicial positions as a whole.  Still, the placing of power in the hands of a small number of jurists to decide Constitutional matters for thousands of others and for millions of individual citizens, is imperfect, at best, and mechanisms for correcting course even there, should be in place.

The natural limitations of foresight, to which all the crafters of the Constitution were subject, prevented planning for today’s advanced communications and democratized pollution of thought, and of honesty.  Those who took the risks of responsibility to found this nation against nearly all odds, could not conceive of an America where unskilled, unmotivated and unproductive individuals could claim the “right” to be supported by not just “the government,” but by the dishonest power of government to borrow from generations into the future for the comfort of the relatively useless today.

Nor could they have imagined a political engine that runs not on the honesty that the competition built into a democratic republic ought to ensure, but on the ability to manipulate truth and re-election bribery schemes to limit the number of citizens that might ever hold elected power.  There are serious weaknesses in our Constitutional system – not because it can’t work, but because it relies too heavily upon honesty and integrity of those to whom we relinquish power.  In other words, it fails to protect the citizens from the worst tendencies of human nature.  We can correct for these weaknesses of our Constitutional republic.

Clearly there is too great a concentration of power, political and financial, in the administrative state.  This is pleasing to leftists/Communists.  Their basic approach to life is that “experts” should be making decisions for, well, everyone who is not an oligarch.  For the wealthy, decisions are made that favor and protect them, much as we have observed during the COVID years.  Unfortunately, the political “class” is also happy with most responsibility being held by the deep state.  It removes that responsibility – and accountability – from the political personas they need to gain re-election.  Relying on elected “representatives” to reform the decades-long shift to un-representative administration of power, is a fool’s errand.  Things are too comfortable for too many of our “public servants.”

We need a Constitutional amendment that sets term limits for virtually all federal employees – elected and appointed/hired.  The “people’s business” has been subverted by an essentially communist administrative behemoth that no longer answers to the will of voters.  The American system was created to place and keep power in the hearts, heads and hands of American citizens.  To that purpose it is a failure.  Much heat is generated trying to find people to blame for this epic slippage of mission. 

Naturally, everyone is practiced at denying his or her role in the change.  It’s societal, starting with a lack of education of the average voter.  Coincidentally, the education establishment is firmly controlled by leftists.  States have played a role in the shift, as they sought out innovative ways to shift financial and other responsibilities to the federal government.  Leftists have led the efforts to shift welfare and other financial loads onto Washington, but, to their shame, conservatives have found it handy to duck those responsibilities, as well.  Nor will any state deny largesse that others are receiving… it would be unfair to their citizens, and so it has proceeded: shifting freedom, power and financial responsibility to the federal government.  Over 150 years increasingly socialist forces have transformed the basic relationships of the federal government to its citizens.  As often as it has been interpreted to protect citizens’ rights, the Constitution is as likely to defend socialist shifts of rights and responsibilities to government.  It’s obscene.

The money controlled by bureaucrats, more than three quarters of whom are leftists, easily sways corporate policies, creating a nearly irresistible force of control over 330 million citizens.  It doesn’t seem to matter who they are convinced to elect.  The direction of government tends to continue toward the left, which is globalist, now.  The independence of individuals and even of the entire nation, is no longer a national goal, nor is it likely, although possible, that citizens can reverse the course away from liberty and free enterprise, and even Constitutionalism.  The only option to reverse the course of global Communism is to amend the Constitution by adding tools and limits that the administrative (and elective) states would never permit, if that amending were in their hands.  Our Founders anticipated this.

Article Five of our Constitution provides for adding Amendments via two different processes.  The only one that has been employed to date is what may be called the Congressional process.  A two-thirds vote in both the House and Senate can propose an Amendment that may – or may not – be approved by the legislatures or popular votes of three-fourths of the States.  This has been done, starting with the Bill of Rights, 27 times.  It is not a perfect process, having included some glaring errors like the eighteenth and twenty-fifth amendments.  The process is totally political and responds to democratic whims. [See: https://www.prudenceleadbetter.com/2021/06/27/boneheaded-25th/ ]

The alternate process is referred to as “Convention of the States” and requires that two-thirds of the States’ legislatures approve of an application to hold a convention for the purpose of proposing Amendments.  It states that “the Congress” … “shall call a Convention for proposing amendments…”  It is not clear that that “call” would require a two-thirds vote in both houses as the first process does.   But it definitely says, “…shall call…” and there is no stipulation that a “law” must be passed, so, it seems Prudent to say, a majority of the two houses should call the convention.  There are risks.

One is that the Left, Fascists and Communists, NEVER retreat from their mission: the destruction of individual sovereignty, liberty and responsibility.  We have seen that laws are meaningless in their view of history – RULES are the coin of their realm.  LAWS imply shared values of morality like, well, the Ten Commandments and their ilk.  Rules are made by rulers… and they will tell everyone what is right, wrong and moral when necessary.  Rules evolve, in their view, as do morals, including the number one, most-moral Rule of all: evolution must serve the State (which often means, One Party) and if it does then that is what is moral.

Great vitriol will spew forth if the magic number of 34 is reached.  Congress and the rest of the power establishment has no intention of relinquishing any of what they hold dear.  A Convention of the States could, if carefully managed, redress many imbalances in what should be a federal system of governance.  Most people don’t know what that term means.  The alternative is a “national” government – not what the Constitution created… and LIMITED.

One of the worst consequences of the national administrative, unelected “state,” is our astronomical debt.  Congresses since the Johnson Administration and the nationalization of welfare, have buried the American nation and people in, now, over 32 Trillions of dollars of debt.  Over this period of decline, every problem leftists could give a name to became a “crisis” or a “war” on this or that social ill.  Where is the honesty?  One wonders.

Arguments over “raising the debt ceiling” are annually fruitless.  Those who live their best lives amidst the swamp of Washington are always so deeply concerned about “defaulting on the debt,” something the United States of America, for Heaven’s sake, would never allow!  Oh, the horror!  Of course, there is interest to be paid for the privilege of never repaying the debt, itself, now in the range of $500 BILLION every year, which is a lot of Meals on Wheels.  It’s a lot of drug and other mental health treatment; it’s a lot of policing and incarceration of rabid criminals; it’s a lot of a lot of things.  Janet Yellen now wants to rate the INTEREST on the debt in terms of its fraction of Gross Domestic Product.  She had to go some to find a comparator that makes the interest bomb look small.  Where’s the honesty?

A Convention of the States could bring about amendments that would limit spending to actual revenues of the previous year.  What a concept.  Any revenue – and that means every penny – in excess of that figure would pay down the debt: another concept, hard for Washington to grasp.  How does YOUR Congressman or woman propose to pay down the debt?  Eliminate “wasteful” spending and “fraud?”  When the Defense Department fails to account for multiple billions of dollars, is that wasteful or fraudulent?  When Medicare is defrauded of billions every year, is that wasteful?  When States use Medicaid funds to pay other expenses, is that wasteful?  Or fraudulent?  If everyone from Congress on up is in on the game, it can’t be fraud, can it?

How about everything from health care to the National Institutes of Health, the CDC and Fauci’s NIAID be returned to the States, free from federal politics?  Do you think the pharmaceutical industry would have more or less influence over actual health… as opposed to lifetime drug consumption?  Maybe land-use policies could be returned to the States, as well.  Is federal binding-up of nearly 30% of the country, disallowing joint use for profit, national security and recreation… is that wasteful?  Maybe the “work” of the energy Department could return to the States.  Who would miss that agency except those who garner money in their pockets by dealing with a handful of bureaucrats instead of elected officials?

Maybe an amendment could remove politics from the FBI and restore it to investigating and fighting federal-law offenses while coordinating States’ cooperation for additional crime-fighting.  Policing should be a State matter, anyway.  It’s none of Congress’ business how States control crime and incarceration unless Constitutional rights are abused.

Fully HALF of Federal Agencies, Departments, offices could be eliminated, gone, kaput.  Few would miss them, again except for those who line their pockets by interacting with them.  If they are actually partnering in the success of American citizens, then keep them.  Otherwise, put every one on a separate line-item to be voted up or down every other year.  Perhaps the Congress could actually serve citizens instead of itself.  It might mean some hard work, though.

And let’s put limits on consecutive terms for every elected official who is paid more than an expense stipend, universally, but let States decide what they should be in their State.  These might include how many terms a previously elected office-holder must stay out of the process of running again.  But EVERY elected official should have to prosper in the private sector and live under the laws he or she helped pass.  Being in Congress or States’ legislatures or elected executive office is NOT a profession – it’s a sacrifice of service to neighbors, communities and country.  I guarantee we’d have different kinds of people in office – and different offices bound by different laws – which are the points.

ARTICLE v. AMENDMENT

If there were, finally, a convention of the States under article 5 of the Constitution, there are many concerns that people across the political spectrum would like to “fix,” and some of these are appropriately “Constitutional.”  Care must be taken to control the content of the hundreds of proposals that will likely inundate the convention.  Still, here are a few problem areas that are the result of either inadequate institutional structure for today’s technologies (communication, globalism, trade and warfare), or the result of the infusion into federal responsibility dozens if not hundreds of matters that are the appropriate business of sovereign states within a federal system.  Here is a list as seems Prudent:

Lifetime Sinecures – Senators and Representatives are in office too long.  The basic mechanism of election and re-election has become anachronistic in the age of, first, widespread and rapid communication, and, now, virtually instant and digitized communication and data analysis.  The control of data and virtual control of news/information, results in mostly “safe” seats, quantified as 94+% re-election rates.   If each were motivated by purity of public service and statesmanship, longevity in office might be laudable.  Unfortunately, we see over recent decades, that federal office-holders not only tend to ignore their constituents, preferring to deal with and respond to their confederates at the next Senate or House desk, but they become wealthy while in office, leading them to focus on pleasing those Congressional associates so that re-election is made more likely.  Once the first re-election is accomplished, relationships with lobbyists and interest-group advocates of all stripes become more and more crucial and consuming.

This means that change #1 should be Term Limits which, most Prudently, should be stated in terms of continuous service.  That is, being a past Senator or Representative should not preclude running for that office at some future date.  The issue is: How many terms must pass before an individual can run again?  Prudence suggests that one full Senate term and two House terms are appropriate periods.

Administrative Statism – For many reasons we are devolving into a national, rules-based control system, rather than a willing federation of semi-sovereign states, based on laws and shared cultural mores.  Since the Great Depression, the many Congresses and 13 more or less feckless Presidents have overseen massive growth in administrative departments and programs.  Erstwhile “representatives” have successfully divested themselves of most of their governing responsibilities, save two critical ones: Expanding the scope of issues that must be federalized, and Debt Creation.  This massive, unelected, regulatory bloat must be reversed, and the only way to do so is to regain control over federal budgeting.

Federal Budgeting – Of the three key covenants the federal government holds with the citizens of the several states and with the states, themselves, how tax monies are spent is the one that affects everyone, every day.  For the past 50 years, or so, there has not been a “budget,” in fact, for a budget would limit expenditures to match, virtually, the revenues raised.  Moreover, the revenues raised would, in an honest federal system, be expended only by vote of the two houses of Congress and agreement of the President.  We are told this is the case, still, but in truth, most of the budget is “entitlements,” and these are rarely, if ever, considered as manageable by Congress, and if some slight study of them is attempted, the result is generally to increase them by increasing the indebtedness of the United States.  That is, we have outlived our means for decades – a most mendacious process.

By itself, the failure of a string of Congresses to debate, analyze and produce an expenditure plan that is honest with the citizenry, and affordable through taxation, is proof of the utter failure of political leadership since the inception of the Great Society.  These failed potentates of promiscuous promises get re-elected at a 90+% rate, while their “work” product becomes smaller and smaller.  They receive automatic pay raises.

So, correcting the budget process will solve multiple losses of freedom.  There should be an amendment that requires that the “budget” of EVERY Department, Agency, Program and Title within them, shall be approved separately by the Congress through legislation.  In short order this will be seen as “impossible,” and the impossibility of financing more “line items” than can be understood or even counted, should become clear.  The redundancy and overlap of purposes for the thousands of expensive programs, must be cleared away and reduced to fewer than one hundred.  The federal government must get out of much of the peoples’ business that it is in.  Some of it is best managed by States with overarching direction by federal laws that ARE APPROVED by Congress, not by relatively hidden agencies and functionaries.  Americans deserve REPRESENTATION in all matters lawful and budgetary.  This brings us to another section of this amendment.

Legislation – There shall be no “omnibus” bills or laws.  That is, no bill shall be brought forth the content of which is not directly related to a single purpose clearly described in its title, nor should the text of any section be longer than 250 words, with budgetary supporting statements of account allowed, nor should any bill in its entirety contain more than 2,000 words.  Prudence would dictate that unrelated attachments to “must-pass” legislation should be banned.

Further, no new policies or expenditures may be included in any “budget” or taxation legislation without a separate bill that shall be studied and approved by committee and brought to a vote by the whole Congress.  Legislation for such “new” federal activities must contain provisions for financing said actions or policies WITHOUT causing any increase in the indebtedness of the United States.

Balanced Budget – Having established over many decades that Congress is incapable of limiting or cutting virtually ANY expenses other than by shifting expenses from the Defense Department toward domestic expenditures, elected Representatives and Senators shall establish a balanced budget.  However, a limit must be set as a percentage of, what?  Gross Domestic Product?  Some percentage of all taxable income?  Can any “federal” metrics be even trusted?  Some clear standard of measure must be set, else the habitual connivance of re-election interests will modify and obfuscate the intention of this amendment.  Further, no budget shall be passed that increases the indebtedness of the United States except in times of national emergency  or declared war.

Citizenship – No person shall be counted among the census, nor be part of any apportionment of Congressional representation except he or she be a naturally born or legally naturalized citizen of the United States.  No person may be considered a naturally born citizen unless one or both parents shall be a legal citizen at the time of birth.

Sanctuary – No state may interfere with legitimate and proper execution of federal laws, nor with the proper functions and procedures of federal law enforcement personnel.  No law passed by any state or subdivision thereof shall be deemed enforceable if it shall interfere with execution of federal laws or attempt any form of nullification of federal laws.  Federal law enforcement agencies may withhold financial support from those state or local law enforcement agencies that attempt to inhibit, delay or interfere with proper federal law enforcement procedures and personnel.  Interference with proper and appropriate federal law enforcement and personnel shall be adjudicated in federal courts.

Prudence tells us that once a Convention of the States has come to pass, the prospects of another are much greater.  The actions of the organizers and participants of the first such convocation will form crucial precedents that may, one hopes, set a pattern similar to the traditions of the supreme Court, the membership of which has been only discussed, never changed.  Consideration might be given to yet another amendment that limits the frequency  of Article V. conventions.

Land of the Free

 

The current turmoil in our “American Community” is constantly laid at the feet of Mr. Trump.  He, of course, can’t avoid making his own contribution to our dis-ease… it is how he got himself elected.  But, we appear to be living out the future long forecasted: that we will destroy ourselves from within, and not be conquered from without.  Trump is a symptom of the poor health of our self-government experiment, not the cause.

A list of “major” components of modern American life will, topic by topic, immediately bring to the reader’s mind his or her own ideas – opinions – and perhaps knowledge of what is out of balance, if not dangerously wrong in each arena.  See if you agree that the following are the “major” components:

1   K – 12 public education                    2   Higher education

3   Religious institutions                         4   Religious faith

5   Law enforcement                                 6   Courts and judges

7   Race relations                                         8   Legislatures & representation

9   Energy                                                         10 Bureaucracy

11 Politics and campaigns                     12 Banks and money

13 Families and children                        14 Small business

15 Big business                                            16 Globalization

17 Taxation and licensing                      18 Illegal entrants

19 Welfare                                                     20 Drug abuse

21 Health care                                             22 Health insurance

23 Transportation                                     24 Pollution and waste

25 Global climate                                      26 Internet

27 Television, communications        28 Morality

29 Constitution and law                       30 Sexuality

31 Nationalism and patriotism         32 Civil rights

33 Culture                                                    34 Language

35 Science and ethics                           36 Computers and Artificial                                                                                                   Intelligence

Prudence indicates that everything “major” in terms of the molding, functioning and survival of society can be found among and within these topics.  This is not to say that “animal rights” and pesticides are not important, as are diet, obesity and vegetarianism.  But with some thought every advocate of almost anything can find his or her prime concern under one of these umbrellas… I think.

The unfortunate reality is that we, all of us, almost automatically, today, turn to our federal government, that thousand-headed Hydra, to take dominion over all of these topics or problems.  Simultaneously we turn to lawyers and litigation to restore balance when we feel unfairly treated by… well, anything and anyone.  “Freedom and Responsibility” have been replaced by “Comfort and Litigation.”  Responsibility for one’s freedom is a lot of work.

What, now, shall we do?  Your mind has recalled something about almost all of the listed topics, mostly problems and how you’d “fix” them if you ran the zoo.  There aren’t enough electrons to paint an LED screen with the “solutions.”  We are in debt to our great-grandchildren, each of us having benefited in some degree from that theft, no matter how succinctly that theft may be apportioned to other groups.  We got here by being human and we can get out of the morass by human means, too.

It is a mistake to believe that some perfect candidate for whichever office, is going to correct ANY part of ANY of the topical problem areas following his or her election.  It happens occasionally, advertently and inadvertently, but we have humanly caused to develop several systems of elective and appointive governance that are most effective in enriching those so elected and appointed, and least effective at solving true problems or injustices.

The operating logic of the Constitution is that representatives of the people would be the least corruptible locus of federal power.  They would be just like the farmers and tradesmen they left behind: suspicious of executive authority (like that from which the “Revolutionary War” had lately freed them) and responsible not only for designing and compromising on the legislation they wanted to have signed by the President, but also for holding the Executive departments in check, with ultimate oversight of their actions.

However, to further check the possible coalitions of emotion or temporary economic conditions, the Founders also included the Senate which members were selected by the several states’ own legislatures to, ostensibly, represent the states’ interests as sovereign states that had relinquished a measured amount of that sovereignty to enable the common defense of them, all.  Legislation that got “through” the House of the people’s Representatives, must, Constitutionally, ALSO be passed by the Senate with its own interests addressed, specifically those of their respective states.  Legislation had to please a lot of people to finally get to the President’s desk.

Of course, Senators have their own ideas and it is and was from the beginning, rare that a bill originating in either chamber will survive negotiations in the other without important changes.  As a result, two committees are formed, in effect: one from the House and one from the Senate, who sit together as a “conference” committee.  Their task is to iron out the differences between the two versions of the legislation.  If they can, with lots of back and forth with their respective chambers’ leadership, then the compromise “bill” is re-voted by each chamber (dual passage not guaranteed) and, if passed by both, finally sent to the President.

The theory at work was that the “people” would hold a check on their representatives; the Senators would hold a check on the passions of the people’s representatives; the House, and the Senate, sometimes together, would hold a check on a President and his administration.  Should work, right?

One of the greatest concerns of the writers of the Constitution and of the Federalist Papers, was the possibility of “faction.”  Faction is best translated as “Party,” political party.  What part have we, each of us, played in the virtual destruction of our constitutional republic?  How much of our decision-making at election times derives from anger towards or fear of, candidates from the wrong “party.”  Why has this become the marker for political “involvement?”  What has hatred got to do with self-governance?  With America?

How did we become subjects of the government “we” formed?  How did “we” allow the Departments of War, State, Treasury and Navy, plus an Attorney General, become a consuming, barely recognizable monster of 200, 400, 500 or more Departments and Agencies, Offices and Committees who govern us through regulation, fine, penalty, taxation and threats?  How did the nation that took on the world’s greatest empire at the time, turn into a population that can’t be trusted by the government it formed to choose what it eats, drives, takes for vitamins or thinks about faith or life, itself?  We are not trusted, even, to think about freedom.