Bad Year for Liberty

Posted on 2009-08-04 by David
1913
photo credit: Leo Reynolds

I consider 1913 to be a very bad year for liberty because in that year the 16th and 17th amendments were both passed. Each of these amendments is a lever that loosened the moorings that had limited the power of the federal government for 126 years to that point. It’s true that before either of those amendments were passed the actions they authorized were already in use but by codifying the legality of an unlimited income tax and the direct election of senators removing even the appearance of states as sovereign political entities it became nearly impossible to lend any credence to the notion of limited national government held in check by the interests of state and local governments as well as the prevailing interests of the body of voters.

There are many conservative pundits calling for a scaling back of government. From what I have observed most of them seem to want to go back 30 or 50 years. Some may even be bold enough to suggest going back 80 years before the New Deal and the great depression. Very few understand that to truly have a limited government again we must go back at least 96 years to rest the two levers that were thrown in 1913.

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Constitutional Amendment 17

Posted on 2009-08-03 by David

Following close on the heels of the sixteenth amendment (both in terms of time and impact) comes what may well be the second most fundamental alteration to the public perception and operation of our government through the Seventeenth Amendment.

The Senate of the United States shall be composed of two senators from each State, elected by the people thereof, for six years; and each Senator shall have one vote. The electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State legislature.

When vacancies happen in the representation of any State in the Senate, the executive authority of such State shall issue writs of election to fill such vacancies: Provided, That the legislature of any State may empower the executive thereof to make temporary appointments until the people fill the vacancies by election as the legislature may direct.

This amendment shall not be so construed as to affect the election or term of any Senator chosen before it becomes valid as part of the Constitution.

This amendment might look fairly innocuous on the surface but it fosters a fundamental shift in the way that the people perceive the structure and function of the representation within the federal government.

I have written about this amendment before and I understand from the comments that some real problems had developed with the original setup of having state legislatures choose the senators. We cannot underestimate however the fundamental shift encoded in this amendment. In my state government I need to pay attention to one senator and one representative in the state government representing me. Before this amendment those two individuals were held responsible for how the state was represented in the United States Senate and then I would pay attention to my representative in the House of Representatives (replacing them if I felt poorly represented). Now the common perception (and the true fact sadly) is that the senators from each state are to represent the people of the state (so I have three people to keep my eye on in the federal level legislative branch besides the two I track in the state legislature) rather than representing the interests of the state as a sovereign political entity and being held accountable by the government of the state directly.

It is no wonder, with this amendment, that people today do not recognize that our structure of government was intended to be a representative republic – with the interests of the people balanced against the interests of each of the states – rather than a democracy.

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Constitutional Amendment 16

Posted on 2009-07-31 by David

The longer I live and the more I study, the more convinced I become that the sixteenth amendment is the greatest assault on liberty in our Constitution.

The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration.

The amendment was passed as a benign revision to the Constitution, amending Article I Section 9 which had specifically prohibited Congress from laying any direct tax. Without this amendment the government could never have sufficient funds to substantially exceed their constitutional authority.

This amendment was passed in order to make it possible to levy income taxes – the most sinister aspect of income taxes being that government now holds first claim on the income of its citizens. If I don’t wish to support what the government is doing my only legal way to not support it is to have no income (or at least, less income than they are interested in taxing). While it will never happen in my lifetime (and probably will never happen period) the fact that the government has first claim on my income means that Congress could claim everything I produce and take it as income tax. So much for the right to property because my property (and yours) is now a gift or loan from the government.

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Government Can’t Do Charity

Posted on 2009-07-30 by David
by HowardLake

by HowardLake

Those pushing the need for health care reform spend a lot of time talking about the uninsured and the many unfortunate people who cannot or will not afford to pay for health care. (Mostly they talk about the “cannot pay” people except when they are proposing to have individual mandates, then they start talking about “freeloaders” who don’t get insurance even though they can afford it.) These people claim that health care is a right and (although they don’t use the word) they are proposing that the government can and should provide charity care for those in the “cannot pay” camp. The only problem is that government has been trying to do that for a long time through medicaid and medicare. The fact is that government cannot provide charity care – government can only take from those it chooses to burden and give to those it chooses to help. This warps the system even when it is meant to level the playing field.

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All Things to All People

Posted on 2009-07-29 by David

In a classic case of Federal-sightedness, President Obama is stepping in to mediate an altercation between a black professor and a white police officer. Normally I would be disappointed that the President had nothing better to do but lately I have had more of a mindset where this makes me happy – in fact, I almost wish that we would have more incidents like this to keep Obama too busy to keep prodding Congress to rush through an ill-conceived health care boondoggle (or “blob of legislative goo” if you prefer).

For the sake of variety we might throw in cases of black police officers having altercations with white professors, or inserting other “oppressed” minority groups into the formula so that the President can meet with people from a wide variety of backgrounds – especially those who don’t live in Washington D.C.

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The Pledge of Allegiance

Posted on 2009-07-28 by David

The Pledge of Allegiance may well be the most widely memorized bit of prose in the United States. In fact it is so widely known that I wonder how many people have ever stopped to consider where it came from or what it means (few I suspect). It was first written in 1892 but it’s final form did not come until 1954. Those who object to the reference to God are following in the footsteps of the daughter of the man who wrote the original version.

I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all.

I think it is instructive that we do not pledge allegiance to the United States or its government, but to the flag and the government ideal that it represents. We are pledging allegiance to the republic that the founders established in order to protect the freedoms of all the citizens of the nation. A nation which is meant to be under God and indivisible and which should be devoted without exception to protecting liberty and promoting justice for all.

That is the kind of nation that I can cheerfully and wholeheartedly support. We must ask ourselves how close that image aligns with the realities of our nation today. Those who truly pledge their allegiance to the flag and the national ideal of good government that it represents are pledging themselves to pursue those policies in government and society which will bring us closer to the ideal represented by the flag, the one where there are 50 sovereign states which, together with the sovereign citizens of the nation, work together to promote liberty and justice for all.

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Facts From Honduras

Posted on 2009-07-27 by David

One month after Manuel Zalaya was sent into exile we are hearing very little news on the situation. The crisis in Honduras is still not resolved however and now Roberto Micheletti, the interim President, is expressing his views in the Wall Streett Journal. The views that he shares sound like he is very much on the same page as Cardinal Oscar Rodriguez Maradiaga, whose position I covered a couple of weeks ago.

I’m not sure if the story withered from lack of interest or if the facts being cited by the current leadership of Honduras make it hard to continue pushing the version of events that the media seemed to prefer.

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Honest Democrats in Congress

Posted on 2009-07-24 by David
by Lori Spindler

by Lori Spindler

If we are ever to achieve any health care reform that will actually have a positive impact on our society it will require that we have honest Democrats in Congress. Not just any honest Democrats, but enough of them and in the right places that they can use their honesty to guide the debate. The way that you will be able to recognize a Democrat with the honesty to help the process is that he will reject the assertion of President Obama that Republicans only want to maintain the status quo.

An honest Democrat would have to recognize and admit that Republicans have been publicly acknowledging for years that we need health care reform. An honest Democrat would work from a position that understands that believing that the proposals they currently don’t have time to read are actually worse than the status quo (as Republicans generally do) is not the same as believing that the status quo is acceptable (as Republicans generally don’t). Using the scare tactic that doing nothing will make the cost of health care double within ten years without acknowledging that a poor solution could be crafted in a way that makes the cost triple within nine years is not honest. Such honest Democrats would be willing and able to actually have a dialog with Republicans and see if they have anything of value to offer on this issue.

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Constitutional Amendment 15

Posted on 2009-07-23 by David

The 15th Amendment appears to be the first attempt to curb the efforts of those who were trying to deny blacks the right to vote as explicitly established in the 14th amendment.

The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude.

As history has shown, those people who still held their prejudices found more creative ways to deny that right. This is just further proof that there is no way to legislate what people will or should think – regardless of how well the social engineers concoct their plans.

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The Cost Issue is MIA

Posted on 2009-07-22 by David
by aflcio2008

by aflcio2008

Matthew Piccolo has a good summary of some of the major issues that are attached to the current health care proposal. That seemed like a good complementary article to what I wanted to point out about the Health Care Reform Freight Train™ speeding through the halls of Congress – there is a major issue that has failed to be attached to the current discussion – cost reduction.

Back in ancient history (2007 through mid 2008), while the presidential election was in full swing but before the economy and the urgent need to bail out anyone with pockets deep enough to hold quantities of money starting with “$” and ending in “Billion”, health care was seen as the most important domestic issue on the campaign trail – does anyone remember that time? If you do you should remember that one of the few points of consensus on the issue between all parties was that health care was too expensive and that any attempt at a solution would have to include measures to cut the overall amount that we spend on health care. Here is a clip from Obama’s campaign website on the issue of healthcare:

we want to make health insurance work for people and businesses, not just insurance and drug companies.

  • Reform the health care system:
    We will take steps to reform our system by expanding coverage, improving quality, lowering costs, honoring patient choice and holding insurance companies accountable.
  • Improve preventative care:
    In order to keep our people healthy and provide more efficient treatment we need to promote smart preventative care, like cancer screenings and better nutrition, and make critical investments in electronic health records, technology that can reduce errors while ensuring privacy and saving lives.

(emphasis added)

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