Government vs. You

Ordinarily, I’m very fussy about ensuring that only my own words come from me.  But my friends/ allies at DownsizeDC.org came up with such a neat, concise summary on how, in the words of Harry Browne, that “Government doesn’t work” (and why we need to put a leash on it), that I’m stealing sharing another’s work here:

Subject: Government vs. You

In 1871 the city of Chicago burned to the ground. There was no FEMA or large federal funding to rebuild it. Instead, the people of Chicago rebuilt their own city and in short order it soared to new heights.

In 1906, after a major earthquake, the city of San Francisco also burned down. There was no FEMA or large federal funding to rebuild it. Instead, the people of San Francisco did it themselves and the city was soon restored.

In 2005 a large part of the city of New Orleans was destroyed when a levy, designed, built, and maintained by government, proved inadequate to protect against a hurricane that was far from the worst that could have struck the city. Private citizens and businesses such as Wal-Mart rushed to the city’s aid, but were largely blocked by federal officials. FEMA and large federal funding were there to rebuild the city, but today much of New Orleans still lies in ruins.

We see the evidence all around us, where government seeks to help, harm often follows. Education, food, energy, and medical care are all areas where the government alleges it helps you, but all are areas where prices are rising faster than in other sectors.

Government doesn’t work, because government has no incentive to succeed. Instead, government prospers by failing — constantly gaining new power and resources because of the crises it creates.  

You can read the rest here.

 

 

 

 

“Special Interest Groups,” eh?

Politicians love to throw problems upon that catchy phrase, “Special Interest Groups.”  Entrenched politicians love to point fingers of blame at the “money in politics,” and the lobbyists who …apparently …pray upon our loving, selfless and servant-natured (but somehow helpless) politicians.  It’s those lobbyists and “profit-motivated corporations” that cause all our problems, they say.

Oh come on now.  Why do we fall for this?  The most nefarious and mighty ”profit-motivated” businessman (is this worse than power-mad politician?) is, without a politician, powerless against you.  Only a politician can wield force in the form of coercion, prohibitions, regulations, codes, fines, fees, licenses, prison, oppression, genocide and war.  No “special interest” has any affective power …unless, of course, it has purchased itself a politician.

Free markets are, by definition, free and completely voluntary.  There can be no coercion or force, or it’s not a free market (take that, NAFTA).  Politicians, however, ARE force.  They do nothing without at least the threat of violence.

That’s why they also bad-mouth “unregulated free markets” and invent more ways to sell advantages.

The problem isn’t “special interest groups” at all.  It’s the politicians they buy!  It’s not that money buys influence.  It’s that politicians sell it! 

Who can be an “influence peddler” except the owners and wielders of influence?

Don’t be fooled again.  Behind every serious social problem we face today, you’ll see the sneaky but unmistakable face of a politician.  The solution to every one of these problems is to remove the politician.

 

Truth in advertising?

OK, I’ve admitted it before, and I’ll ‘fess up again.  Almost all of the pictures of me out there are pretty old.  I don’t look like so much my old campaign photos anymore.  So, while this has nothing to do with constitutional Rule of Law, and in response for requests for a more recent photo, here’s what I think is a good photo of me:

 

Horning for Governor FAQ:

1.  Education: The constitution mandates Common Schools, or identical, inexpensive, focused and high-quality community schools funded by only the state.  These are not some freakish and inequitable monstrosity of local, state and federal funding.  These schools are about education, which involves books; not cafeterias, buses, and expensive sports facilities.  Fitness for all kids has suffered since we now have fewer sports teams since school “consolidation,” which means fewer opportunities and outlets for most kids.  This is all terribly wrong.  Our primary schools should provide what has degraded into college-level education.  They should not be farm-teams for the pro’s, or social indoctrination centers for politicians and their campaign contributors.  It’s time to treat this seriously.  The solution?  Govern our government.

 

2.  Taxes:  I’ve been a consistent leader in tax issues, movements and protests since 1998.  I’ve always opposed property tax, and I lead the property tax protests that started in the spring and summer of 2007.  But taxation is a symptom, not a disease in itself.  Taxation is, of course, the forcibly-extracted wage of politics.  We will have it as long as we have politicians.  I wrote a paper on this subject (starting on page 17) which you can access here with a free signup.  But if we put a leash on those bad boys, our tax bite will be much, much less serious and more sustainable.  Govern government and taxes will be few, simple and small.

 

3. Gas prices: Oy vey have we been lied to about this one!  Oil company profits are a little shy of 10%, which is pretty high for them, but only about half the average profits of businesses like tobacco, publishing, software and shipping.  Taxes, however, comprise about 30% of the price of each gallon.  You tell me who’s making scandalous profit.  Next consider the regulations and 30-year moratoria imposed upon USA oil production and refinement.  I’m surprised gas isn’t more expensive.  But then look at the value of the central bank’s so-called “dollar” (which was once, before 1913, defined as a specific assay of gold/silver) – in inflation-adjusted price, gas is about the same as it was about 60 years ago!  So, our so-called “Federal Reserve” scammers and their pet politicians are robbing you; not the oil companies.  The solution?  Govern our government.  Leash our politicians to law.

 

4. Crime: I wrote a paper on this subject which you can access here with a free signup.  While I wrote it in relation to Indianapolis crime, it applies everywhere.  The bottom-line best solution to crime?  Go after the real criminals: Govern our government.

 

5. Citizen rights:  No compromises.  Should I become Governor, you will have all your state (and with enough support, federal also) rights again; no mere illusion of conditional privileges.  Rights cannot be regulated.  Either you have them or you don’t.  I am all about enforcing the restrictions on politicians that ensure your rights.

 

6. Gerrymandering: Back in the 1990’s I proposed that all districts have at least one right angle enclosing at least 40% of the district’s area.  There.  Problem solved.  But since this is a legislative issue, I’ll only suggest it again.

 

7. Death Penalty: As far as the death penalty goes, I am very, very conflicted.  I believe a just and legally-governed state has the right to kill people who are beyond rehabilitation, and who we cannot otherwise tolerate in society.  But our state isn’t just or legal at all.  I’m not so sure it ever could be (unless I win, of course J).  And since death penalties cost taxpayers more money than do truly life-term sentences, I’m generally opposed.

 

8. “Why are you running, Andy?”:  I’m running for the constitutional office of Indiana Governor because nobody else is.  I want to govern government, not you.  I aim to take the choker-collar of law off of you and put it onto politicians.  We need public servants, not tyrants.

What about the GOP? What about Odds? Don’t you want to WIN?

Through the upcoming campaign I’ll frequently be asked such questions.  My inclination will be to throw rotten eggs at whoever asks.  But since I do not wish to carry rotten eggs wherever I go, and since I really do understand how we have collectively fallen into a game-show/Las Vegas political stupor and helplessness, I must swallow my disgust, and answer:

 

1. Loyalty to entrenched, powerful political parties is not admirable.  It is destructive.  Be loyal to principles instead; particularly the ones proven to work (Rule of Law, Free Market economics, property ownership).
2. Elections are about voters’ choices, not about the candidates or their parties.  Let’s talk about what the choices are, not just about the candidates’ strategies, money pots and yard signs.
3. We’re facing dark, dangerous times.  Let’s be serious in the voting booth, OK?

 

And then let’s focus on just the GOP for a moment.  The party never was what most people think it was.  It is, of course, the original “tree hugging liberal” party. 

The National Park system was started by Teddy Roosevelt, and the EPA was created by Nixon.  TR also gave us anti-corporate “trust busting” and income tax while setting us up for the Federal Reserve Bank, while Nixon gave us wage/price controls.  Much of the New Deal was actually started by Hoover, who FDR called a socialist; and Eisenhower spent more money after WWII than during its peak.  And let’s not even talk about George Bush.

The GOP never was as conservative as the “solid south” or “men in sheets” Democratic Party.  “Real Republicans” like Robert Taft, Barry Goldwater and of course Ron Paul have always been marginalized by the “Mainstream Republicans” like Gerald Ford and George Bush Sr.  

 

In Indiana we have a smart, relatively conservative and well-intended Republican Governor who has given us more taxation and spending (expanding entitlements to even new healthcare and college subsidies) than did any preceding Democrats.  And I think he’s one of the best Republican politicians!

 

Ambassador, candidate and pundit Alan Keyes recently said that the “Republican Party has come to a dark and confused place.”  So he quit the GOP and joined the Constitution Party (which is not on the ballot in Indiana).  Former Georgia congressman Bob Barr left the Republican Party for the Libertarian Party (which does have ballot access all across the country).  Many celebrities, even major media journalists, have left their former fancy party allegiances behind for a new dedication to principle…and what actually works.

 

This is good news.  And not a minute too soon. 

The bad news is that, I fear, most Republicans, even as disgusted as they are with their own party, will nevertheless remain loyal to it and thus do harm to us all.

 

Oh, don’t blather on about fixing what’s broken in that party.  I tried the “change from within” thing, and found it to be a baseless, mad illusion.  No change ever happens from within.  Especially from within such a corrupt deceit as the GOP.

 

Don’t misunderstand.  I know and love many Republicans.  I greatly admire what Ron Paul is attempting to do within the GOP.  I sent him money (I almost never do that) and I will of course vote for him in the primary. 

 

That is, after all, the only primary election vote that could accomplish anything useful. 

 

Dr. Paul’s delegates and supporters can at least attempt to reshape the GOP into something better.  I do support that cause.  But I do not fool myself about the likelihood of success.

 

People may think I’m a dreamer to run as a Libertarian.  But who’s really the dreamer? 

 

I know that all change comes from the Davids who fight Goliath (see my article here; requires a free signup); not from some change of heart in Goliath himself.  And history demonstrates well that those who vote for the entrenched powers hurt themselves.  …Fatally.

 

My dear Republican/Democrat friends, you have been betrayed over and over again.  At what point will you quit dreaming and do what needs to be done?

 

I no longer need to explain why I’m running outside the corrupt, entrenched powers.  The real question is: how can you excuse voting for those corrupt, entrenched powers again?  The question isn’t, “Horning, what are you doing?”  The question is, just what are you doing to set things right?

 

There is reason to hope.  I’ve seen it in the Paul campaign, and I’ve seen it in the faces of those disgusted and enraged into action.  I’ve seen it in last summer’s tax protests, and, ironically, I see it in the trouble that’s about to be heaped upon taxpayers this coming summer.

 

My fellow Hoosiers, Americans and human beings, we have been bestowed with many wonderful advantages.  Chief among these in this nation must be the laws that protect us from our politicians.  It’s time we dust them off and insist, without equivocation, that it’s time they are obeyed, as written.

 

Don’t apply party labels to this.  Don’t attach any flag motifs.  Don’t make this an abstraction. 

Make it a demand and make it now.

Horning for Governor platform…the Whole Thing.

This is my longest one yet, I know. 

What follows is the complete Indiana Constitution.  It is almost certainly not what you think it is; either in what it says, or what it’s for.  But this constitution, along with the federal constitution to which the Governor also swears an oath of support, constitutes the entire platform for the Horning for Governor campaign.

This constitution is intended to govern politicians, not you.  It’s intended to make you free, not to make your servants your masters.  But over the past hundred years our politicians have strayed so far from their legal boundaries that you’d recognize very little of our governance in this contract.

I intend that everything I say in this campaign is explanation and illustration regarding what life is supposed to be like under the Rule of Law as authorized by this contract. 

I hope my comments are relatively few and brief, since what life is supposed to be like is entirely up to you; not up to lawbreaking lawmakers.

All my comments are in red.  Anything in black is the constitution itself.

In reading the following, keep in mind that our ancestors knew that politics is inherently violent.  Nothing related to “government” happens without at least the threat of violence.  The IRS doesn’t pass the hat and say “please;” and you could get killed if you resist an arrest for a seatbelt violation.  Don’t forget this.  It is the reason we have constitutions …and make politicians swear to obey them.

 

 

                    CONSTITUTION OF THE STATE OF INDIANA

  

Approved in Convention at Indianapolis,

February 10, 1851

Adopted by the Electorate, effective November 1, 1851

As Amended through July 1, 1993

  

PREAMBLE

 

     TO THE END, that justice be established, public order maintained,

     and liberty perpetuated; WE, the People of the State of Indiana,

     grateful to ALMIGHTY GOD for the free exercise of the right to

     choose our own form of government, do ordain this Constitution.

 

“…the right to choose our own form of government…”  The purpose of constitutions is to both establish, and limit, the legitimate use of violence.  Don’t ever let our servants become our masters!

    

ARTICLE 1. Bill of Rights

 

  Section 1. Inherent and inalienable rights

 

   Section 1. WE DECLARE, That all people are created equal; that they

   are endowed by their CREATOR with certain inalienable rights; that

   among these are life, liberty, and the pursuit of happiness; that all

   power is inherent in the People; and that all free governments are,

   and of right ought to be, founded on their authority, and instituted

   for their peace, safety, and well-being. For the advancement of these

   ends, the People have, at all times, an indefeasible right to alter

   and reform their government.

  

    (History: As Amended November 6, 1984).

 

Why must we have such an “indefeasible right to alter and reform” our government if our government is to govern us, and if our leaders are to lead us?  Because governments always (always, as in without exception) become oppressive and counterproductive to the pursuit of life, liberty and anything else you might value.  Remember; I’m not the one sounding like a broken record here; this admonition is written into our constitutions over and over again!

   

  Section 2. Natural right to worship

 

   Section 2. All people shall be secured in the natural right to worship

   ALMIGHTY GOD, according to the dictates of their own consciences.

  

    (History: As Amended November 6, 1984).

 

Let us be clear and truthful.  The freedom guaranteed in writing here is “to worship ALMIGHTY GOD”; well-understood at the time this was written to be the Judeo-Christian God of Abraham.  We have no specified right to worship the sun, a flag, money, basketball, Horus, or politicians.  We have no such enumerated constitutional rights. 

Read the following rights and you’ll see that have no enumerated rights to pledge allegiance to a flag, to wash our cars or to play baseball.  These are rights nonetheless under our constitutions because, as you’ll see, government has no power over us not specifically granted by written constitutions. 

I’ll repeat because this is important.  We do have the right to worship statues and such because these rights are not specifically denied.  We, the people, own all rights and powers not taken away from us in writing.  You’ll see this written more clearly later.

This is a critical point.  It is the whole purpose of constitutions to establish the written, guaranteed, absolute limits of political power, not to describe the limits of your rights.

   

  Section 3. Freedom of religious opinions and rights of conscience

 

   Section 3. No law shall, in any case whatever, control the free

   exercise and enjoyment of religious opinions, or interfere with the

   rights of conscience.

  

  Section 4. Freedom of religion

 

   Section 4. No preference shall be given, by law, to any creed,

   religious society, or mode of worship; and no person shall be

   compelled to attend, erect, or support, any place of worship, or to

   maintain any ministry, against his consent.

  

    (History: As Amended November 6, 1984).

   

  Section 5. Religious test for office

 

   Section 5. No religious test shall be required, as a qualification for

   any office of trust or profit.

  

  Section 6. Public money for benefit of religious or theological institutions

 

   Section 6. No money shall be drawn from the treasury, for the benefit

   of any religious or theological institution.

  

  Section 7. Witness competent regardless of religious opinions

  

   Section 7. No person shall be rendered incompetent as a witness, in

   consequence of his opinions on matters of religion.

  

  Section 8. Oath or affirmation, administration

 

   Section 8. The mode of administering an oath or affirmation, shall be

   such as may be most consistent with, and binding upon, the conscience

   of the person, to whom such oath or affirmation may be administered.

  

  Section 9. Right to free thought, speech, writing and printing; abuse of

  right

 

   Section 9. No law shall be passed, restraining the free interchange of

   thought and opinion, or restricting the right to speak, write, or

   print, freely, on any subject whatever: but for the abuse of that

   right, every person shall be responsible.

  

“No law shall be passed, restraining the free interchange of thought and opinion…”  Note that there are no provisos or amendments related to speech in airports, “free speech zones,” or any allowable limitations on our right to speak, write or print freely.  All limitations on our freedom to thus communicate are illegal usurpations of our rights.

 

  Section 10. Truth in prosecutions for libel

 

   Section 10. In all prosecutions for libel, the truth of the matters

   alleged to be libelous, may be given in justification.

  

  Section 11. Unreasonable search or seizure; warrant

 

   Section 11. The right of the people to be secure in their persons,

   houses, papers, and effects, against unreasonable search or seizure,

   shall not be violated; and no warrant shall issue, but upon probable

   cause, supported by oath or affirmation, and particularly describing

   the place to be searched, and the person or thing to be seized.

  

“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable search or seizure, shall not be violated.”  Is there anything unclear about this?  Ponder to what degree this is flouted daily.  A wide variety of officials from IRS, BATF, child and fire protection “services” believe they can kick in your door and/or snoop on you without warrant or probable cause.  These government agents are, according to this written law, criminals.

 

  Section 12. Courts open; remedy by due course of law; administration of

  justice

 

   Section 12. All courts shall be open; and every person, for injury

   done to him in his person, property, or reputation, shall have remedy

   by due course of law. Justice shall be administered freely, and

   without purchase; completely, and without denial; speedily, and

   without delay.

  

    (History: As Amended November 6, 1984).

 

A growing number of bureaucracies have their own legislative, executive and judicial powers like the IRS, DCS and, of course “Homeland Security.”  These bureaucracies illegally trample this section every minute of every day.

Also note that “Justice shall be administered freely, and without purchase.”  The words and meaning are clear.  Justice isn’t to be an arms race of money and influence.  Justice is to be at least as free as the tuition-free Common Schools in Article 8, which doesn’t guarantee a free education (hence the extra cost to parents for books); it mandates only that tuition is paid out of the public purse.  But justice is to be free!  It is criminal how we’ve perverted this.

   

  Section 13. Rights of accused in criminal prosecutions

 

   Section 13. In all criminal prosecutions, the accused shall have the

   right to a public trial, by an impartial jury, in the county in which

   the offense shall have been committed; to be heard by himself and

   counsel; to demand the nature and cause of the accusation against him,

   and to have a copy thereof; to meet the witnesses face to face, and to

   have compulsory process for obtaining witnesses in his favor.

  

See the comment above and ditto the bureaucratic bashing of our rights.  You have the guaranteed right to free (without purchase…free) access to a jury trial, as well as due process.  You can never be legally forced or coerced (threatened) into a bench trial.  Judges who deny this right are therefore criminals.

 

  Section 14. Double jeopardy and self-incrimination

 

   Section 14. No person shall be put in jeopardy twice for the same

   offense. No person, in any criminal prosecution, shall be compelled to

   testify against himself.

 

  Section 15. Persons arrested or confined, treatment

 

   Section 15. No person arrested, or confined in jail, shall be treated

   with unnecessary rigor.

  

  Section 16. Excessive bail or fines and cruel or unusual punishment

 

   Section 16. Excessive bail shall not be required. Excessive fines

   shall not be imposed. Cruel and unusual punishments shall not be

   inflicted. All penalties shall be proportioned to the nature of the

   offense.

  

You know that there are many drug offenses that carry longer sentences than for murder, right?  There is a huge and increasing number of behaviors that can land you in jail. “The Land of the Free” has the world’s highest percentage of citizens in prison.  After losing years of their life in prison, these people will never again have equal access to employment or public service.  That is excessive, cruel, almost always disproportional to the offense, and therefore criminal. 

 

  Section 17. Right to bail and unbailable offenses

 

   Section 17. Offenses, other than murder or treason, shall be bailable

   by sufficient sureties. Murder or treason shall not be bailable, when

   the proof is evident, or the presumption strong.

  

Side question: What is more dangerously treasonous than politicians abusing their deadly power in violation of all legal restraints?

 

  Section 18. Penal code founded on reformation

 

   Section 18. The penal code shall be founded on the principles of

   reformation, and not of vindictive justice.

  

So we’re not supposed to “send a message” with unusually cruel punishments.  If the aim is reformation, then nearly all of our drug-related punishments are not just counterproductive; they’re also illegal.  And how do you reform a “tax cheat” with a felony conviction that permanently impairs his/her ability to earn income?

 

  Section 19. Right of jury to determine law and facts in criminal cases

 

   Section 19. In all criminal cases whatever, the jury shall have the

   right to determine the law and the facts.

  

This section gives citizens the power to judge laws.  Judges, you’ll note, are never granted that power over the constitution.  Don’t let anyone tell you, as a juror, what you can and can’t do.  You, as a juror, have more power over the case at hand, the law, and the facts, than does anyone else in the courtroom.

 

  Section 20. Trial by jury in civil cases

 

   Section 20. In all civil cases, the right of trial by jury shall

   remain inviolate.

  

  Section 21. Right to compensation for services and property

 

   Section 21. No person’s particular services shall be demanded, without

   just compensation. No person’s property shall be taken by law, without

   just compensation; nor, except in case of the State, without such

   compensation first assessed and tendered.

  

    (History: As Amended November 6, 1984).

   

There’s a good argument that income tax violates this section (and also the prohibition against forced testimony against yourself).  But the “just compensation” clause here is, without any doubt, important when considering eminent domain and tax seizure practices.

 

  Section 22. Privileges of debtor; imprisonment for.

 

   Section 22. The privilege of the debtor to enjoy the necessary

   comforts of life, shall be recognized by wholesome laws, exempting a

   reasonable amount of property from seizure or sale, for the payment of

   any debt or liability hereafter contracted: and there shall be no

   imprisonment for debt, except in case of fraud.

  

Lots of people do prison time for tax debt though no constitution allows this.  An uncountable number of residences are taken for taxes, though no constitution allows this.  And beside the aforementioned principle of many citizen rights and few government powers, this section of the Indiana Constitution specifically prohibits such abuse of citizens and their property. 

How can there be “just compensation” (Section 21) for taking a home; particularly when the taking itself is illegal?  How do we justify taking taxes for the Colts/Pacers/foreign corporations/endless whatevers when people lose their homes and life-time (in prison) to taxation?  What a crime!

 

  Section 23. Equal privileges

 

   Section 23. The General Assembly shall not grant to any citizen, or

   class of citizens, privileges or immunities, which, upon the same

   terms, shall not equally belong to all citizens.

  

…So how come so many people and corporations get special privileges and immunities?  We use tax policy, in ugly particular, to give special people special deals all the time.  We use subsidies and handouts to discriminate between those we favor, and those we do not favor.  This is all illegal!

 

  Section 24. Ex post facto laws and impairing contracts

 

   Section 24. No ex post facto law, or law impairing the obligation of

   contracts, shall ever be passed.

  

  Section 25. Effect of laws

  

   Section 25. No law shall be passed, the taking effect of which shall

   be made to depend upon any authority, except as provided in this

   Constitution.

  

“…except as provided in this Constitution.”  This one is absolutely critical.  Compare this to the federal Tenth Amendment: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”  In essence, both laws affirm, once again, that constitutions allow only the powers specifically granted in writing, and deny all others.  There is, in other words, no authority outside of what has been authorized by the constitutions, as written. 

Constitutions are the written warrants of violent power.  If they are to have any effect at all in securing our lives, liberties and property, they are to be obeyed, as written.  That is the law.  It is law that protects us from tyranny.  Breaking that law is a very serious crime.

 

  Section 26. Suspension of operation of law

 

   Section 26. The operation of the laws shall never be suspended, except

   by the authority of the General Assembly.

  

This further clarifies the above, again, that the constitution is the law, and remains in effect, whole, unless entirely suspended.  Either we have Rule of Law, or we have Rule of Tyrants, in other words.  The General Assembly wrote in its authority to become tyrannical, but it must be done legally!  In still other words, either you’ve got all your legally guaranteed rights, or you’ve got none of them.  Ask yourself this: Do we have any rights now? 

Respond with your vote.

 

  Section 27. Suspension of habeas corpus; exception

 

   Section 27. The privilege of the writ of habeas corpus shall not be

   suspended, except in case of rebellion or invasion; and then, only if

   the public safety demand it.

  

  Section 28. Treason against state; definition

 

   Section 28. Treason against the State shall consist only in levying

   war against it, and in giving aid and comfort to its enemies.

  

What is “the State?”  Surely it’s not politicians and their bureaucracies!  The State is the citizens and their collective, common, shared principles, rules and practices.  See the Preamble.  And anyone who violently, illegally and systematically kills, imprisons, steals and oppresses the state is a traitor or enemy by some other name.

Yes, those are harsh words.  But aren’t they true?

 

  Section 29. Treason against state; proof

 

   Section 29. No person shall be convicted of treason, except on the

   testimony of two witnesses to the same overt act, or upon his

   confession in open court.

  

  Section 30. Conviction; effect

 

   Section 30. No conviction shall work corruption of blood or forfeiture

   of estate.

  

  Section 31. Right to assemble, to instruct and to petition

 

   Section 31. No law shall restrain any of the inhabitants of the State

   from assembling together in a peaceable manner, to consult for their

   common good; nor from instructing their representatives; nor from

   applying to the General Assembly for redress of grievances.

  

  Section 32. Bearing arms

 

   Section 32. The people shall have a right to bear arms, for the

   defense of themselves and the State.

  

“The people shall have a right to bear arms…”  This is unequivocal.  No limitations are stated anywhere in this constitution; therefore none are allowed.

 

  Section 33. Military subordinate to civil power

 

   Section 33. The military shall be kept in strict subordination to the

   civil power.

  

  Section 34. Quartering of soldiers

 

   Section 34. No soldier shall, in time of peace, be quartered in any

   house, without the consent of the owner; nor, in time of war, but in a

   manner to be prescribed by law.

  

  Section 35. Titles of nobility and hereditary distinctions

 

   Section 35. The General Assembly shall not grant any title of

   nobility, nor confer hereditary distinctions.

  

One may reasonably ask what’s up with “the honorable” and “esquire.”  These titles aren’t hereditary or formally conferred, so we’re OK on this.  But if anybody tries to make you use such a title (this happened to me once), you are legally right to refuse.

 

  Section 36. Freedom of emigration

 

   Section 36. Emigration from the State shall not be prohibited.

  

  Section 37. Slavery and involuntary servitude

 

   Section 37. There shall be neither slavery, nor involuntary servitude,

   within the State, otherwise than for the punishment of crimes, whereof

   the party shall have been duly convicted.

  

    (History: As Amended November 6, 1984).

 

This use of “involuntary servitude” preceded the existence of income tax and even child support rules, so therefore means exactly and literally what it says.  There was a time when our founders considered income tax/ garnishment as, in fact, involuntary servitude.  After all, one literally submits one’s labor to the state through direct income taxation.  Do we need to amend this section?  Be careful.  As ever-more taxation is forcibly extracted from us (some estimates put the total cost of politics to be over 60% of our GDP), our place in the spectrum between serfdom (where serfs paid one day in seven to their masters) and slavery (total submission) is heading the wrong way fast.

 

ARTICLE 2. Suffrage and Election

 

  Section 1. Free and equal elections

 

   Section 1. All elections shall be free and equal.

  

  Section 2. Voting qualifications

 

   Section 2. Every citizen of the United States, of the age of eighteen

   (1 years or more, who has been a resident of a precinct thirty (30)

   days immediately preceding such election, shall be entitled to vote in

   that precinct.

  

    (History: As Amended March 14, 1881; September 6, 1921;

   

   November 2, 1976; November 6, 1984).

  

  Section 3. Members of armed forces; residence

 

   Section 3. No member of the armed forces of the United States, or of

   their allies, shall be deemed to have acquired a residence in the

   State, in consequence of having been stationed within the same; nor

   shall any such person have the right to vote.

  

    (History: As Amended November 6. 1981).

   

  Section 4. Residence; absence from state

 

   Section 4. No person shall be deemed to have lost his residence in the

   State, by reason of his absence, either on business of this State or

   of the United States.

  

  Section 5. Repealed

 

   (Repealed March 14, 1881).

  

  Section 6. Disqualification for bribery

 

   Section 6. Every person shall be disqualified from holding office,

   during the term for which he may have been elected, who shall have

   given or offered a bribe, threat, or reward, to procure his election.

  

Oh my.  Special favors are the fuel of the major parties.  It’d be hard work to chase down and prosecute all of these criminals.  But it would be wholesome fun.

 

  Section 7. Repealed

 

   (Repealed November 6, 1984).

  

  Section 8. Conviction of infamous crime

 

   Section 8. The General Assembly shall have power to deprive of the

   right of suffrage, and to render ineligible, any person convicted of

   an infamous crime.

  

  Section 9. Holder of lucrative office; eligibility

 

   Section 9. No person holding a lucrative office or appointment under

   the United States or under this State is eligible to a seat in the

   General Assembly; and no person may hold more than one lucrative

   office at the same time, except as expressly permitted in this

   Constitution. Offices in the militia to which there is attached no

   annual salary shall not be deemed lucrative.

  

    (History: As Amended November 6, 1984).

 

In other words, you can’t be a member of the General Assembly if you’ve got a side job anywhere in government.  However, lots of public school teachers, police and paid fire department employees (government employees) hold office and thus have inherent conflicts of interest related to their power and position.  And while Indiana does not mandate an integrated bar (requiring that lawyers be members of a Bar Association), lawyers are agents of government with special privileges and immunities (see Article 7, Section 4). 

I’ve said that lawyers are to law what firemen are to fire, and I believe that’s typically true.  But it is even more true that lawyer-lawmakers are inherently the “fox guarding the henhouse” when it comes to conflicts of interest and dual office within government. 

Voters don’t seem to care; but legally, this is a problem.

   

  Section 10. Collectors and holders of public money; eligibility

 

   Section 10. No person who may hereafter be a collector or holder of

   public moneys, shall be eligible to any office of trust or profit,

   until he shall have accounted for, and paid over, according to law,

   all sums for which he may be liable.

  

In other words, you can’t benefit from political largesse and hold office.  As with Section 9, this section is very problematic.  Since government has grown into such a tentacled behemoth, we have lots of officeholders who collect and hold tax money in the form of corporate subsidies/tax privileges/immunities.  This creates inherent conflicts of interest, obviously.  I wish voters stopped this, but it is also unconstitutional, and Indiana Governors swear an oath to act accordingly. 

 

  Section 11. Pro tempore appointment; term of office

 

   Section 11. In all cases in which it is provided that an office shall

   not be filled by the same person more than a certain number of years

   continuously, an appointment pro tempore shall not be reckoned a part

   of that term.

  

  Section 12. Freedom from arrest of electors; exceptions

 

   Section 12. In all cases, except treason, felony, and breach of the

   peace, electors shall be free from arrest, in going to elections,

   during their attendance there, and in returning from the same.

  

  Section 13. Election methods

 

   Section 13. All elections by the People shall be by ballot; and all

   elections by the General Assembly, or by either branch thereof, shall

   be _viva voce_.

  

  Section 14. Time of elections; judges of courts; registration of voters

 

   Section 14. All general elections shall be held on the first Tuesday

   after the first Monday in November, but township elections may be held

   at such time as may be provided by law: _Provided_, That the General

   Assembly may provide by law for the election of all judges of courts

   of general and appellate jurisdiction, by an election to be held for

   such officers only, at which time no other officer shall be voted for;

   and shall also provide for the registration of all persons entitled to

   vote.

  

    (History: As Amended March 14, 1881).

 

ARTICLE 3. Distribution of Powers

 

  Section 1. Three separate departments

 

   Section 1. The powers of the Government are divided into three

   separate departments; the Legislative, the Executive including the

   Administrative, and the Judicial: and no person, charged with official

   duties under one of these departments, shall exercise any of the

   functions of another, except as in this Constitution expressly

   provided.

                                      

Each of the three (only three; no bureaucratic branch) branches therefore has legally limited, unique powers and is divided against the others such that no branch gains too much power.  We’ve certainly messed up this one.  Our judges and Governors make law, our legislators and judges take executive power, and our Governors don’t execute the constitutions at all.  And bureaucracies transcend all branches.  As Governor I’d fix this on Day One. 

 

ARTICLE 4. Legislative

 

  Section 1. General assembly; composition; style of law

 

   Section 1. The Legislative authority of the State shall be vested in a

   General Assembly, which shall consist of a Senate and a House of

   Representatives. The style of every law shall be: “Be it enacted by

   the General Assembly of the State of Indiana”; and no law shall be

   enacted, except by bill.

  

  Section 2. Senate and house of representatives; membership

 

   Section 2. The Senate shall not exceed fifty, nor the House of

   Representatives one hundred members; and they shall be chosen by the

   electors of the respective districts into which the State may, from

   time to time, be divided.

  

    (History: As Amended November 6, 1984).

   

  Section 3. Senators and representatives; tenure

 

   Section 3. Senators shall be elected for the term of four years, and

   Representatives for the term of two years, from the day next after

   their general election. One half of the Senators, as nearly as

   possible, shall be elected biennially.

  

    (History: As Amended November 6, 1984).

   

  Section 4. Vacancies in general assembly

 

   Section 4. The General Assembly may provide by law for the filling of

   such vacancies as may occur in the General Assembly.

  

    (History: As Amended March 14, 1881; November 6, 1984).

   

Side note: The wording of the preceding is important in that it delegates authority to deal with a problem in a “don’t bother amending the constitution for such trifles” way.  This is important because where such authority isn’t delegated, it doesn’t exist!

 

 Section 5. Legislative apportionment

 

   Section 5. The General Assembly elected during the year in which a

   federal decennial census is taken shall fix by law the number of

   Senators and Representatives and apportion them among districts

   according to the number of inhabitants in each district, as revealed

   by that federal decennial census. The territory in each district shall

   be contiguous.

  

    (History: As Amended March 14, 1881; November 6. 1984).

 

While I hate gerrymandering, the constitution’s use of the word “contiguous” does leave a lot of dangerous, corrupting authority to politicians.  As Governor, I would often speak against the destructive process of gerrymandering districts, but I would have no real authority to stop it.

   

  Section 6. Repealed

 

   (Repealed November 6, 1984).

  

  Section 7. Senators and representatives; qualifications

 

   Section 7. No person shall be a Senator or a Representative, who, at

   the time of his election, is not a citizen of the United States; nor

   any one who has not been for two years next preceding his election, an

   inhabitant of this State, and, for one year next preceding his

   election, an inhabitant of the district whence he may be chosen.

   Senators shall be at least twenty-five, and Representatives at least

   twenty-one years of age.

  

    (History: As Amended November 6, 1984).

   

  Section 8. Legislative immunity; exceptions

 

   Section 8. Senators and Representatives, in all cases except treason,

   felony, and breach of the peace, shall be privileged from arrest,

   during the session of the General Assembly, and in going to and

   returning from the same; and shall not be subject to any civil

   process, during the session of the General Assembly, nor during the

   fifteen days next before the commencement thereof. For any speech or

   debate in either House, a member shall not be questioned in any other

   place.

  

  Section 9. Sessions of general assembly

 

   Section 9. The sessions of the General Assembly shall be held at the

   capitol of the State, commencing on the Tuesday next after the second

   Monday in January of each year in which the General Assembly meets

   unless a different day or place shall have been appointed by law. But

   if, in the opinion of the Governor, the public welfare shall require

   it, he may, at any time by proclamation, call a special session. The

   length and frequency of the sessions of the General Assembly shall be

   fixed by law.

  

    (History: As Amended November 3, 1970. The schedule adopted with the 1970

    amendment to Article 4, Section 9 was stricken out by the November 6, 1984,

    amendment).

   

  Section 10. Selection of officers; rules of proceedings; adjournment

 

   Section 10. Each House, when assembled, shall choose its own officers,

   the President of the Senate excepted; judge the elections,

   qualifications, and returns of its own members; determine its rules of

   proceeding, and sit upon its own adjournment. But neither House shall,

   without the consent of the other, adjourn for more than three days,

   nor to any place other than that in which it may be sitting.

  

  Section 11. Quorum

 

   Section 11. Two-thirds of each House shall constitute a quorum to do

   business; but a smaller number may meet, adjourn from day to day, and

   compel the attendance of absent members. A quorum being in attendance,

   if either House fail to effect an organization within the first five

   days thereafter, the members of the House so failing, shall be

   entitled to no compensation, from the end of the said five days until

   an organization shall have been effected.

  

  Section 12. Journal; entry of yeas and nays

 

   Section 12. Each House shall keep a journal of its proceedings, and

   publish the same. The yeas and nays, on any question, shall, at the

   request of any two members, be entered, together with the names of the

   members demanding the same, on the journal; Provided, that on a motion

   to adjourn, it shall require one-tenth of the members present to order

   the yeas and nays.

  

  Section 13. Open sessions and committee meetings

 

   Section 13. The doors of each House, and of Committees of the Whole,

   shall be kept open, except in such cases, as, in the opinion of either

   House, may require secrecy.