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How to “Fix” America?

HOW DO WE FIX AMERICA?

Written by Dr. Jack Wheeler

Thursday, 29 August 2013

I must admit that I was prepared to be skeptical when I started reading Mark Levin’s The Liberty Amendments: Restoring the American Republic. Our country’s problem is not the Constitution, it’s a government that disobeys it, that uses every method of fascist trickery to distort and get around it.

The solution, I thought, is to somehow force the federalies to stop being outlaws – for that’s what we have now, an illegitimate outlaw government – and start obeying the Constitution we already have, instead of changing it.

America was blessed at its inception with a founding legal structure that has never been surpassed in history up to the present day for enabling the flourishing of its citizenry while preventing tyranny. Its distortion and corruption by all four branches of the federal government – executive, legislative, judicial, and bureaucratic – is what needs to be fixed, not the structure itself.

Now, after I read the book, I must admit that Levin is a persuasive guy. Not convincing, but certainly persuasive. Let’s talk about where he hits the target, where he misses, and to what extent – if any – does he explain how we fix America.

First, a summary of his argument. His solution is to use Article V of the Constitution, which provides for an alternative to Congress for initiating the amendment process. In addition to Congress passing by a two-thirds majority a proposed Amendment, two-thirds of the state legislatures (34 out of 50 currently) may convene a Constitutional Convention to do so. Whatever Amendments such a convention may agree to propose, they must be subsequently ratified by three-fourths of all state legislatures (38 out of 50) to become part of the Constitution.

Levin wants to use this alternative because Congress has no say in it. The States may convene a Convention, whatever Amendments it passes are ratified by 38 or more States is the law of the land, no matter what Congress or the President or federalie bureaucrats or anyone else in Washington says or does. The entire enterprise is an exercise in taking power away from Washington and returning it to the States.

He then proposes 11 Amendments for such a Convention to consider. They are:

1. Term limits of 12 years for anyone in Congress (House & Senate separately or combined).

2. Repeal of the 17th Amendment, restoring election of Senators to their state legislatures.

3. Term limits of 12 years for Supreme Court Justices; three-fifths vote of the House (261 out of 435) and the Senate (60 out of 100) OR three-fifths vote of the state legislatures (30 out of 50) may override and invalidate a Supreme Court decision; such an override by either Congress or the States is neither subject to a Presidential veto, nor of litigation/review in any Federal or State court.

4. Congress must adopt a fiscal year budget by a given date or such budget suffers a 5% across-the-board cut of the prior year’s expenditures; outlays of the federal government may not exceed its receipts for any fiscal year; outlays may not exceed 17.5% of the previous year’s GDP; three-fifths vote of both the House & Senate is required to raise any federal debt limit.

5. Personal and corporate income taxes are limited to 15% from whatever source; there shall be no death taxes; there shall be no VAT or national sales tax.

6. All departments and agencies of the federal government are sunsetted every three years, requiring majority votes in both the House & Senate in stand-alone reauthorization bills to continue to exist.

7. The Commerce Clause is restricted to preventing states from impeding business and trade between them; it does not apply to activity within a state whether or not such intra-state activity affects interstate commerce.

8. Any state or federal government seizure of private property for public use by either actual seizure or through regulation, if it results in a market value reduction or interference with the use of the property or financial loss to the owner exceeding $10,000, must be fully compensated.

9. State legislatures may directly amend the Constitution by two-thirds agreement (34 out of 50) on the proposed Amendment.

10. State legislatures, by three-fifths agreement (30 out of 50), may override and invalidate any federal statute, or any federal regulation exceeding an economic burden of $100 million, passed within the previous 24 months.

11. Citizens in every state, territory, and the District of Columbia must produce valid photographic ID demonstrating their citizenship, issued by their state government, as a prerequisite for registering to vote and for voting in any primary or general election for President/Vice President, and members of Congress (House, and Senate prior to repeal of the 17th); early voting in such elections shall not be more than 30 days prior; registering and voting by mail also subject to same ID requirements; electronic voting systems are proscribed for national elections unless approved as reliable and secure by the state legislature.

We can parse these individually. Richard Rahn justifiably criticized #4 on spending. I think #5 on taxing is the worst of the lot – Levin doesn’t even discuss the possibility of repealing the 16th Amendment, much less advocate it. We certainly don’t need an Amendment to have Voter ID – we just need Holder Justice to stop hysterically preventing states from implementing it.

Others we can all agree would be terrific fixes for what ails our land – term limits for Congresscritters and Supreme Court Justices, automatic death of any federal agency unless revived by a stand alone vote of both houses, repeal of the 17th, State/Congressional override of SCOTUS decisions, State overrides of federalie laws and regs.

Yet #7 on the Commerce Clause could be the most far-reaching. As discussed in The Most Important Word in the Constitution (Sept 2011), since the entire edifice of the modern liberal administrative state is built on the willfully perverse misinterpretation of the word “regulate.” Note, as the article does, that the Washington Post admits that this misinterpretation is “the constitutional backbone of the modern regulatory state.”

Let’s, however, go beyond Levin’s 11 proposals to ask, what is his purpose in proposing them? What does he intend for his book to achieve?

Surely he is aware of the high probability that any Constitutional Convention would be hijacked by the libs, that the odds of any of his 11 actually becoming constitutional reality are very small. So his goals must be other than their passage.

I think one of them must be to use amendment proposals as a rhetorical or psychological device to focus people’s attention on the crisis and danger our country faces, and in a positive way. It’s to get people to think about solutions to the problem, rather than bitch and moan and freakout in fear about it.

Given that his book is #1 on Amazon – all books, not just any category like political or non-fiction – Levin may be accomplishing his purpose.

There is another goal, but it is not emphasized. Levin makes an extremely interesting and important point in regard to the often-expressed fear of a “runaway” State-convened Constitutional Convention. It is that we have already had a Runaway Constitutional Convention. As a matter of fact, we’ve had two of them, and we have them right now.

In their decisions that grossly misinterpret constitutional law or make up constitutional rights out of thin air, the Federal Judiciary has been conducting a continuous and illegitimate Constitutional Convention since at least 1937 and FDR’s New Deal, rewriting the Constitution at its arbitrary whim.

The same applies to the Federal Bureaucracy, imposing tens of thousands of unconstitutional rules upon our lives without the slightest legitimate constitutional authority, and unconstitutionally imposing prison for their violation (the Constitution permits the Federal Government to make a very small number of activities a federal crime, such as treason and counterfeiting).

As an eye-opener, as a means to get millions of Americans to understand the depth of lawlessness of our lawmakers, and to think of solutions to it, the book succeeds. But its mechanical approach – fix up the Constitution somehow and America is fixed – abysmally fails.

America today is infected with a sickness – a sickness of national character, of national soul – and there is no silver bullet cure. There is no magic wand – even eleven constitutional ones. That we as a nation permit mothers to murder their children by the millions, or permit the endless intrusion of federal fascist bureaucrats and armed agents into almost every aspect of our lives, are two of the most glaring symptoms of such sickness of soul.

And note the contradiction between these two, obvious to everyone except libtards: Roe v. Wade was based on a supposed constitutional “right to privacy” – but somehow, such a right only applies to abortion, giving the federalies the right to invade our privacy everywhere else.

Another symptom of soul-sickness is our Dependency and Helplessness Epidemic infecting a near-majority of Americans.

How do we get them to want the American Dream again and convince them they can achieve it? How do we get them to accept personal responsibility for their lives and understand that the only way to achieve the American Dream is through such acceptance? How we get people to kick the Drug of the Dole, convince them they can survive and thrive without government dependency?

These are fundamental questions requiring fundamental answers. It is not the answers themselves that may count the most, however, but where the answers come from. From you, me, and us individually. It is taking a stand. At some point, each of us will have to take a stand and start disobeying the federalies. Each of us will have to select where and how and on what issue to stand and disobey.

The only way, it turns out, to fix America, is through disobedience. Individual disobedience that eventually becomes mass disobedience – and you can’t get the latter until you get the former first.

My own prayer is that one of these disobedient individuals will be the governor of a state. My own conviction is that a necessary, if not sufficient, condition to regaining constitutional government is for one or more state governors to create a constitutional crisis by refusing to obey a federal edict via the 10th Amendment and the clear unconstitutionality of the edict via the lack of enumerated empowerment.

He (or she or they, the more the better) must be prepared to call out their State Defense Forces if they have one, or their SWAT-militarized police forces (almost every community above 25K in population has one now) to stand up to federalie threats and intimidation.

The edict chosen to disobey must be chosen very carefully, there must be substantial popular hatred or dislike of it, plans for coping with the consequences of disobeying must be thought out very strategically. The edict should be over a small yet offensive issue. But it’s got to be done.

Will it? The odds are increasing. Revolution is still in our bones, our heritage as Americans. It does not, and I hope it won’t be one of violence. No, America’s fix is a Revolution of Disobedience.

Peaceful, civil disobedience. Freedom From Fascism: it’s the new civil rights movement, It’s time for it to begin. And once it does, and once it succeeds, then Mark Levin can get at least some of his Liberty Amendments.

About Tom White

Tom is a US Navy Veteran, owns an Insurance Agency and is currently an IT Manager for a Virginia Distributor. He has been published in American Thinker, currently writes for the Richmond Examiner as well as Virginia Right! Blog.Tom lives in Hanover County, Va and is involved in politics at every level and is a Recovering Republican who has finally had enough of the War on Conservatives in progress with the Leadership of the GOP on a National Level.

3 Responses to “How to “Fix” America?”

  1. elena says:

    If the Constitution has been ignore for 100 years, and voting for “conservatives” these last 50 years hasn’t helped why would anyone think that they would follow these amendments? What do we fall back on if they just ignore the new and improved amendments? Take them to court? Elect them out? Recall them?

    The answer is what CO just accomplished: recall and what’s spreading like wildfire across the states: Peoples Common Law Grand Jury, re-instituted county by county http://www.nationallibertyalliance.org

  2. Gene says:

    To the author;

    Why do you think that you know better than the founding fathers? “Illegitimate outlaw government”, says who? You?

    You talk about fixing this Country? Well, according to our Constitution it’s not broken. Don’t like what you see? Aren’t you really just another talking head looking to make a buck, by telling people what they want to hear, rather than the truth?

    Our Constitution guarantees that our government will be a reflection of the majority of its people. Why do you simply refuse to admit that? Because you cannot get what you want? The majority are in charge now, as required by the Constitution. The misfits that you voted for, and help elect, were unable to meet the requirements of the majority. So, they were replaced, or soon will be.

    Now, since your misfits have been ejected, you attack something else, to fix what you perceive as a solution to your perceived problem?

    People keep reading flawed books searching for answers to their own personal perception of what needs to be done to make American function as they think it should, rather than as our Constitution prescribes. To stop people like them is why we have a Constitution in the first place, and why it is difficult to amend.

    The truth is finally out. This post proves what I have been saying. The Republicans, Tea Party, and all other manner of faux Conservative misfits who say they love our Constitution, actually want to destroy it. We do not need to change our Constitution, as it is not the problem. We the people, can look in a mirror if we want to see the problem in America. That is where change is required for the continuation of existence.

    People always blame someone else for their problems. Hence, we blame government when we are the problem.

    We have become a lawless society, and we demand a lawless Government. Very simple. Did a book forecast lawlessness thousands of years ago?

    My friend, there is only one Book of truth, and it has all the answers. I suggest you study that Book to see what is wrong with not only America, but the entire world. Would you like the name of that book? I think you already know it.

    Is the real problem that you can’t flip a buck for yourself from reading that book? Is the truth the very last thing you really want?

  3. margaret says:

    An excellent source on the Constitution is the Publius Huldah blog. She uses the Constitution, the Federalist Papers because they were the argument used to convince the states to ratify the Constitution and a few other founding documents. Her critique of Levin’s book is here

    http://publiushuldah.wordpress.com/tag/article-v-convention/

    Sorry folks, it looks like a copy and paste job.

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    Tom White Says:

    Nothing is more conservative than a republican wanting to get their majority back. And nothing is more liberal than a republican WITH a majority.

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