Horning Economic Plan

While they’ve not granted me nearly as much coverage as they’ve bequeathed to entrenched-party candidates, my hat is nonetheless off to WTHR-13 in Indianapolis who, at least this once, covered one of my press conferences.  Here’s a story the other media missed (Thank you, Kevin Rader), and here’s a copy of the press conference handout that WTHR actually linked to their website:

Politicians have been protecting themselves, their cronies and their money for so long that their whole robbing-Peter-to-pay-Paul scheme is on the verge of collapse – and they’re taking us all with them.  This is not good.  But we still have time to prevent the worst.

In the 2000 gubernatorial race I said we should cut government spending by 7% per year, push back against Washington, DC’s profligacy, and restore the legitimacy and practicality of constitutional governance in order to prepare for the financial crisis now upon us.

Now we must act more quickly and aggressively.  It is perhaps too late to avoid pain, but we still have great opportunities.

Indeed, we can become the Switzerland of the USA if we only insist upon the constitutions to which every politician has already sworn an oath of obedience:

 

  1. Cut property tax by at least 50%.  This would be done mostly by removing public school costs from personal property tax, as Article 8, Section 2 already requires. 
  2. Forbid the foreclosures and usurious tax lien sales on residences driven by property tax (see Article I, Section 22 of the Indiana Constitution).   
  3. Unconstitutional spending must stop immediately!  There will be no more corporate subsidies, as such are forbidden by Article 11, Section 12.  Article 10, Section 5 forbids most bond issues.  And Article 13, Section 1 forbids much of the state’s debts.  And instead of embracing the costly mandates and taxes from the thieves in DC, we must insist upon the federalism mandated by both state and federal constitutions.
  4. Invoke the Sound Money policy described in Article 11, Section 3 of the Indiana Constitution.  We now have the technology to quickly acquire gold and silver as backing for this marketable trade currency (see http://www.goldmoneybill.org/), and to verify a sound yet profitable fractional reserve for safe lending practices.
  5. We must reactivate the voluntary service organizations that were once the heart, soul and helping hands of this nation.  I would do my level best to encourage voluntary organizations (churches, Lion’s Clubs, women’s service groups) to roll up their sleeves, put out a call for new members and get busy.  Government will no longer compete with these groups, and will instead get out of the way.
  6. Rule of Law.  It should now be evident that politicians must be kept to their oaths and kept on a leash.  We need politicians to concentrate on their real, valid, necessary jobs to keep peace and security.  I would focus government on the protection of our property, rights and lives as though government has no other job.

 

Our current crop of politicians has chosen to inflate the “bubble” even more, rather than to fix the problems now.  They’ve chosen to more deeply mortgage our future when we can no longer afford that.  At best, their promises have failed.  More likely, they’ve lied to us.  It’s up to voters to fix this by firing the liars, cheats and thieves, and by choosing a better, legal, proven course for this nation.

 

Andy Horning

Freedom, Indiana

Do it for the children…

The Indy Star made some seemingly minor edits to my gubernatorial candidate submission, but I thought I’d better post the original here just in case you wanted to see what I’d actually sent them (or in case you don’t get the Star):

 

Nobody wants to shortchange kids.  So it’s natural and common to deny the extent and nature of the problems with our schools.  But our schools are literally a criminal shame.

I don’t have space to detail the problems with unconstitutional regulations and bureaucracies that sap teachers’ authority and initiative.  I wish I could shed light on corruption like the Tremco/AEPA/Wilson Education Center no-bid jobs; or discuss the injustice of low teacher pay against six-figure salaries for school administrators, sports coaches and of course union officials.  You can see the problems if you dare to look.  What’s important is that we can fix the problems if only we’ll change the way we think, and vote, about schools.

A good start would be to examine what was originally designed, acknowledge what devolved, and then plan a fix.

Article 8 of the Indiana Constitution is the law respecting our tax-supported education system.  The key words are “…and provide, by law, for a general and uniform system of Common Schools, wherein tuition shall be without charge, and equally open to all.”

When our constitution was written, “Common School” meant the uniform and simple system of primary (not secondary) education promoted by Horace Mann as the “ladder of opportunity.”  As opposed to the free church-run schools of the day, Common Schools were intended to give poor children a non-Christian education.  They were to be state-funded with no disparity between rich and poor regions.  And these uniform schools were meant to be rigidly focused on scholastic achievement, so that a Common School graduate would be ready to work in the real world with useful skills in mathematics, science, communication and technology.  Colleges and universities were only for those who needed specialized, advanced training for academia, medicine or engineering.  After all, real life (and drop-outs like Bill Gates, Steve Jobs, Michael Dell, Thomas Edison…) won’t wait through two decades in a classroom. 

Article 8, Sections 2 through 7 lay out specific funding by an “inviolate” and “perpetual” Common School trust fund.   Of course that fund was violated and is now gone.  But the fund is still law, to be maintained through many specified sources including “taxes on the property of corporations.”  What is excluded, and therefore not authorized, is personal property tax.  So legally, half of your property tax bill is unconstitutional. 

This is the law.  If we don’t like it, then let’s talk about how we’d amend it. 

But I believe the law is vastly better than what we’ve fallen into with our political chicanery.  So here’s what I propose we do:

We’d de-consolidate toward a greater number of smaller schools where buses become obsolete in all but rural areas, so that parents and teachers can more easily collaborate; and kids would no longer be such tiny fish in such large oceans.  Teachers would have authority to teach, to expect a high standard of performance, and to expel.  No more “dumbing-down” or lowering standards to fit a curve.  Teachers would be rewarded for performance, not just for paying union dues. We would spin off sporting facilities into community centers and gyms so that kids don’t have to be genetically gifted to play. 

…We all know kids who need more opportunities to exercise. 

And while there is no excuse for compromising necessities like music and art instruction, microscopes, and a clean, healthy environment; homeschool successes have demonstrated that education doesn’t have to be vast and expensive.  And it wouldn’t be, if school money went solely to teachers, smaller-scale buildings, and education supplies.

Besides being an improvement on what we do now, this is the law.

 

Distorted news is bad news, but better than no news!

I know that major media are financially squeezed and short-staffed.  I know that most of those remaining are the left-of-Lenin J-school acolytes.  But there is no excuse for twisted, biased and just-flat-wrong reporting.

I wrote this in response to one newspaper’s faulty reporting.  Please write and send off your own.  We need to get the media on our side.  Currently, they’re on the other side, you know…

 

There was no “property tax protest” on July 4.

It’s true enough that some people (not enough) are still mad about unconstitutional property taxes.  This may have motivated about five of the fifty who showed up on the Governor’s Mansion lawn in the pouring rain.  But tax policy was never billed as any part of the purpose of this year’s Independence Day protest.  In fact, in all five press releases, two radio spots and dozens of emails and internet postings related to this event, I specifically insisted that we were protesting our politicians’ defiance of state and federal constitutions, and not just a specific tax policy.  Politicians’ illegal abuse of power is what created our curent problems with debt, spending, education, prices, jobs and, OK, property taxes.  Politicians are breaking crucial, protective laws, in other words, and we were protesting lawless lawmakers, or what I call anarchy.

The disease is ungoverned government.  That’s what we were protesting.  It’s wrong to report just one symptom like property tax when that wasn’t the core issue last year either.  Last summer’s popular “Tea Party” protests that followed were solely about property tax.  And yes, I first advocated constitutionally eliminating property tax back in 1998 and haven’t changed my tune on that subject.  But I never had anything to do with a “property tax protest.” 

We have much more serious threats to our life, liberty and property.

While the rest of us are tightening our belts and surrendering our rights to keep them fed and happy, our politicians are engorging themselves on money and power with no end but total collapse in sight.  It is of course your choice what you want to say about what really happened on July 4.  It’s your paper.  But I hope you offer me the opportunity to set things right.

Constitutions are the laws that protect us from politicians.  Politicians, by their nature, break those laws when we let them.  It’s time we say “whoa” and end the anarchy.

Our protest was really just one, simple, basic plea: It’s time for politicians to honor their oaths of office and obey written laws, as written.  If you’d like to read those laws, they’re all posted at my campaign website, www.horningforgovernor.com 

 

Well, it certainly did rain…

The weather was about as bad as it could be on Independence Day.  Unseasonably cool, with the low, misty clouds and kind of rain that you suspect will last forever…I’m surprised we had as many hardy souls turn up as did on Friday morning. 

To all those who showed up (maybe as many as 50 by some media reports), I can’t thank you enough.  I know that I didn’t thank you enough on Friday.

Thank you.  Thank you from the soggy depths of my heart.

Please know that we accomplished a good part of the mission.  We got some media coverage!

Some of it was accurate; some of it was lies from the tongue of Satan.  But it really is like they say; any media is good media. 

At least people can see that there are options, and that there are people speaking on their behalf.  Even people watching the most biased reports can see that there are those among us who are not satisfied with the status quo.  And that’s a good thing.

…And we’re just getting started.

Well, anyway, thank you.  I thank those that showed up, and I thank those who read these words.

Liberty or Bust!

Betcha Didn’t Know…

Did you know…

  • That most government spending is illegal?
  • That tax-funded schools are supposed to be identical/equal all across the state? 
  • That it’s illegal to take personal property tax for schools?
  • That justice is supposed to be tax-paid without any additional purchase?
  • That constitutional rights cannot be regulated?
  • That all Indiana politicians swear oaths to both Indiana and USA constitutions?
  • That politicians have only the powers specifically written into constitutions?
  • That only citizens can interpret constitutions, and only jurors can interpret laws?
  • That politicians must obey constitutions…as written?

Well, politicians certainly don’t want you to know these facts, but they’re all clearly written into the laws that protect you from politicians – the state and federal constitutions.

Why belabor the minor nuisances of corporate/political corruption, entrenched political powers, wild spending, shortsighted tax policy or even the “wasted vote” deceit that you’ll no doubt hear over and over again in this campaign?  These are all symptoms; not the disease itself. 

The disease is ungoverned government.  It’s the only anarchy that has ever existed – power without restraint.  And the solution is simple.  You must govern your government.

Fortunately, that’s simple.  You can simply vote for those who swear to honor their oaths of office “to support the Constitution of this State, and of the United States.” 

Unfortunately, all your neighbors don’t know what you now know, and it costs money to get their attention.  Even more unfortunately, the enemies of the simple, uniform justice written into our laws pay lots of money to get special deals.  They pay even more to deceive us.  Too few are willing to pay for a Fair Deal.

Please read through these Indiana Constitution excerpts, and consider what you can do to take back what’s yours by law.

Make checks payable to: Horning for Governor, 7851 Pleasant Hill Road, Freedom, IN 47431.

 

 

… Where’s the Relief?

Who: Friends of Liberty and Justice for All 

What: July 4 Celebration, as properly done

When: Friday, 4 July, 2008 from 10-11am

Where: In front of the Indiana Governor’s Mansion at 4750 N. Meridian, Indianapolis

Contact: Andy Horning; andrewhorning@hotmail.com

 

 July 4 Done Proper

 

Eleven score and twelve years ago our fathers brought forth on this continent a new nation, conceived in liberty, and dedicated to the proposition that politicians must be kept on a constitutional leash.

Yet now we’re engaged in that ancient battle of politicians against their own citizens.  It’s been exactly a year since our property tax protest made national news.  Now sales taxes are up, property taxes are up, spending is up, debts are out of control…what have we accomplished with the protests last year?  What did our founders accomplish with their blood, sweat and tears?  Certainly, King George never taxed Americans a fraction of today’s load.

It is time to turn up the wick and make this July 4 something even more memorable than the last.

We are not interested in just tax policy any more – even eliminating property tax isn’t enough.  We are not going to merely remove a few entrenched politicians. 

No, we intend nothing less than to govern our government by proven, written standards.  It is time to demand that all of our politicians obey the laws that protect us from them.  It is time for the full restoration of the contracts and freedoms that made this nation great.

We will demand that our politicians obey constitutions as written.  No “interpretations,” no ifs, ands or buts.

In other words, we resolve that our heroic, patriotic dead shall not have died in vain, that this nation under God shall have a new birth of freedom, and that government of the people, by the people, for the people shall not perish from the earth.

###

Horning for Governor Platform Highlights

I’ve been told that my platform (the Indiana Constitution) is too long to read.

I withheld my anger very nicely.  Nobody got hurt.

But my friends, there is no shortcut.  And the Indiana Constitution, flawed as it is, is a whole lot shorter than any bill written in the last hundred years.  You can’t buy any prescription medicine without seeing a lot more legalistic mumbo jumbo than is contained in the laws that, by the way, protect you.

Sigh.

What follows are excerpts from the Indiana Constitution in red, with my comments in black.  This constitution, along with the federal constitution to which the Governor also swears an oath of support, is the law that literally authorizes every aspect and level of government.  No law can contravene it, and no politician can legally disobey it.  It can be amended, but it is to be obeyed as written.  No “interpretations” from the bench.  No debating the meaning of the word “is.”  No ifs, ands or buts. 

Read it yourself.  The whole constitution is at www.horningforgovernor.com.  Read it in context.  You judge.

The Indiana Constitution constitutes the entire platform for the Horning for Governor campaign.  It is what, sadly, makes my campaign unique.  It shouldn’t be so unique, but I am the only candidate standing for the law.  Others advocate continued lawbreaking by politicians.  It’s that simple, really.

You see, politicians have no interest in constitutions if you don’t.  All constitutions are intended to govern politicians, not you.  Just as you’d never expect a bad dog to beg for a leash, you’ll never get politicians to willingly accept limits to their power over you.  It’s up to you to restrain their power with this law.

There is no shortcut.  No other “solutions” will work.  We must govern our government.  We must make politicians obey written laws, as written. 

Over the past hundred years our politicians have strayed so far from their legal boundaries that our servants have become our masters, and the history of that is well known, and very bad.

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.

One more note:  Lots of people agree with my thoughts on the constitution.  Yet I’ve been asked, “but how can we comply with the constitutions after drifting so far away from them?”

I know this is a paradigm shift, but the answer is staring you in the face.  If our politicians decide to go to war, then we go to war in a sudden, outrageously expensive fit of violence.  It doesn’t matter how much it hurts.  So why is it so hard to imagine suddenly doing what is proven to work – proven to promote peace, justice, prosperity and civility? 

We can enforce the constitution.  It can happen in one Election Day.  The first step is to want to.  

Should God choose to put me in the Governor’s office, I would put legislators on notice as soon as possible after I take the oath “to support the Constitution of this State, and of the United States.”  I will enforce the constitutions as written.  No more, no less.  No fudging or cheating.  No more of that.

 

ARTICLE 1. Bill of Rights

Section 2. All people shall be secured in the natural right to worship ALMIGHTY GOD, according to the dictates of their own consciences.

(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 constitutions (state and federal) 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.

   

ARTICLE 1. 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.

  

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.

 

ARTICLE 1. 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.

  

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.

 

ARTICLE 1. 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.

(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.

   

ARTICLE 1. 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.

 

ARTICLE 1. 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.

(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.

 

ARTICLE 1. 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!

 

ARTICLE 1. 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!

 

ARTICLE 1. 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, so let’s deconstruct the wording a bit for clarity. 

No law shall be passed…except” means that there cannot, legally, be any law written excepting the proviso of this law, “authority…as provided in this Constitution.” This is an unusual linguistic construction, so I’ll rephrase this in what I think is an accurate summary: For any law to be itself legal, its powers over us must be restrained to only the authority granted by this constitution.  Another way to say it could be, No law can be written that depends upon authority not specifically granted by this constitution.  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.

 

ARTICLE 1. 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. 

 

ARTICLE 1. 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.

 

ARTICLE 1. 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.

(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. 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.

 

ARTICLE 2. 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.

(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.

   

ARTICLE 2. 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. 

 

ARTICLE 3. 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. Section 19. An act, except an act for the codification, revision or rearrangement of laws, shall be confined to one subject and matters properly connected therewith.

(As Amended November 8, 1960 November 5. 1974).

 

An act… shall be confined to one subject  Do you suppose any legislator, or any Governor, has read this preceding law?  Have you read a bill lately?  Almost all bills become trundling dreadnaughts laden with unrelated pork, power and privilege such that you can hardly tell what the original law was supposed to do.  I would never sign such criminal nonsense into law, nor would I allow enforcement of such lawless law.

   

ARTICLE 4. Section 20. Every act and joint resolution shall be plainly worded, avoiding, as far as practicable, the use of technical terms.

 

Ditto much of my preceding comment.  Plainly worded” means understandable without lawyers, decoder rings or judges. 

  

ARTICLE 5. Section 12. The Governor shall be commander-in-chief of the armed forces, and may call out such forces, to execute the laws, or to suppress insurrection, or to repel invasion.

(As Amended November 6, 1984).

   

This is clearly not as we’ve been taught since the “federal” government stole so much power from states.  The Governor has real power!  We must keep it on a leash.

 

ARTICLE 5.  Section 16. The Governor shall take care that the laws are faithfully executed.

(As Amended November 6, 1984).

 

This is what I am all about.  I will do Section 16 vigorously, and to the letter, in frustration of the wicked.

   

ARTICLE 8. Section 1. Knowledge and learning, general diffused throughout a community, being essential to the preservation of a free government; it should be the duty of the General Assembly to encourage, by all suitable means, moral, intellectual scientific, and agricultural improvement; and provide, by law, for a general and uniform system of Common Schools, wherein tuition shall without charge, and equally open to all.

  

When this constitution was written, Common Schools were well understood to be the uniform (identical; same quality everywhere) and simple system of education promoted by Horace Mann as the “ladder of opportunity” putting poor kids on the same level as rich kids.  Ergo the state, non-local funding of such schools (see below).  Only by making identical schools funded equally across rich and poor areas would this make any sense at all given the generally bad nature of political education.  Now, as you know, we have a local/state hybrid that’s anything but equal and/or uniform.  Rich kids obviously get better schools; only now it’s with poor folks’ tax dollars; and all schools are now run by politicians and unions, making them an international embarrassment. 

And perversely, we make parents pay for books, yet we make taxpayers pay for exotic sporting facilities, cafeterias and other non-educational claptrap that’d make Horace Mann spin in his grave.

This is all so terribly criminal, with such grave, lasting consequences, that I’d make righting this wrong a very top priority.

 

ARTICLE 8.  Section 2. The Common School fund shall consist of the Congressional Township fund, and the lands belonging thereto;

The Surplus Revenue fund;

…The Bank Tax fund, and the fund arising from the one hundred and fourteenth section of the charter of the State Bank of Indiana;

…Taxes on the property of corporations, that may be assessed by the General Assembly for common school purposes.

               

No personal property tax allowed.

I’ll repeat. 

No personal property taxation is authorized for these Common Schools.  There goes half of your property tax bill.  But this also refers to a State Bank of Indiana, an artifact of Andrew Jackson’s defeat of the central, national bank.  We really should discuss central banking sometime…but not just yet.

 

ARTICLE 8.  Section 3. The principal of the Common School fund shall remain a perpetual fund, which may be increased, but shall never be diminished; and the income thereof shall be inviolably appropriated to the support of Common Schools, and to no other purpose whatever.

  

There was to be an inviolable trust (Section 7) to pay for all this, and we don’t have one. 

 

ARTICLE 10. Section 1. (a) The General Assembly shall provide, by law, for a uniform and equal rate of property assessment and taxation and shall prescribe regulations to secure a just valuation for taxation of all property, both real and personal. The General Assembly may exempt from property taxation any property in any of the following classes:

 

This article is awful and should be scrapped.  It’s almost unenforceable (uniform and equal rate of property assessment can only be zero), and the “just valuation” clause renders the tax impossible because of the state’s illegal spending.  As Governor I could enforce only a property tax rate of zero.  Only that would fit the letter of this law.

   

ARTICLE 10.  Section 5. No law shall authorize any debt to be contracted, on behalf of the State, except in the following cases: to meet casual deficits in the revenue; to pay the interest on the State Debt; to repel invasion, suppress insurrection, or, if hostilities be threatened, provide for the public defense.

  

Deficits in revenue are not the same as deficits in desired spending!  And bureaucracies do not transcend this law!  Most of our government debt is therefore illegal, no matter how it is described.  See Article 13.

 

ARTICLE 11.  Section 3. If the General Assembly shall enact a general banking law, such law shall provide for the registry and countersigning, by an officer of State, of all paper credit designed to be circulated as money; and ample collateral security, readily convertible into specie, for the redemption of the same in gold or silver, shall be required; which collateral security shall be under the control of the proper officer or officers of State.

 

It would require legislation, of course, but I’d love to see a debt-free currency issued in competition/replacement of Federal Reserve Notes.  I can only suggest, however, as the Governor has no power to create such an alternative currency. 

However, I could insist upon citizens’ right to barter using whatever unit of barter it chooses (such as the “Liberty Dollar” which was illegally banned and stolen in Indiana by our “federal” government agents).

  

ARTICLE 11.  Section 12. The State shall not be a stockholder in any bank; nor shall the credit of the State ever be given, or loaned, in aid of any person, association or corporation; nor shall the State become a stockholder in any corporation or association.

(As amended November 6, 1984).

 

“…Nor shall the credit of the State ever be given, or loaned, in aid of any person, association or corporation…”  Read that a few times until it sinks in that all the credit, perks, loans, subsidies and tax breaks given to foreign corporations, sports teams, mall builders, politicians and the like…are illegal!

   

ARTICLE 11.  Section 13. Corporations, other than banking, shall not be created by special act, but may be formed under general laws.

  

Most people don’t know that corporations are government (not business) entities created to oppose the inherent accountability of a free market. I make this point because when you hear the phrase “unregulated free market” you’re hearing ignorant blather.  Regulations (including licensing) are almost always created to favor the politically connected, not the meek, poor and underserved.  It is political regulations, not the lack thereof, that cause havoc and crime.   

 

ARTICLE 13. Section 1. No political or municipal corporation in this State shall ever become indebted, in any manner or for any purpose, to an amount, in the aggregate, exceeding two per centum on the value of the taxable property within such corporation, to be ascertained by the last assessment for State and county taxes, previous to the incurring of such indebtedness; and all bonds or obligations, in excess of such amount, given by such corporations, shall be void: Provided, That in time of war, foreign invasion, or other great public calamity, on petition of a majority of the property owners in number and value, within the limits of such corporation, the public authorities in their discretion, may incur obligation necessary for the public protection and defense to such amount as may be requested in such petition.

(As Amended March 14, 1881).

 

This would be a joke if it weren’t so sad.  The phrase, “to an amount, in the aggregate,” apparently has no meaning to the increasing number of bureaucracies, each of whom believe they’re entitled to encumber taxpayers with their own 2% debt load.  Well, such obligations are void, and I would be quick to act on this.  Day one.

   

ARTICLE 15. Section 4. Every person elected or appointed to any office under this Constitution, shall, before entering on the duties thereof, take an oath or affirmation, to support the Constitution of this State, and of the United States, and also an oath of office.

  

“…take an oath or affirmation, to support the Constitution of this State, and of the United States…”  I’d be the first Governor to honor this oath in a very, very long time.  Please look again at the preceding.  The oath is to both state and federal constitutions.  This is no typo.  It is serious and very important.  To the state’s chief Executive, the phrase “to support” does not mean wave pom-poms and throw confetti.  It means to defend, enforce, to execute as law.

 

There’s nothing in the constitution to grant the state any authority over businesses (in licensure, rules, etc.) or individuals (our consumer choices, property, behaviors) that amount to so much cost, hassle and lost liberties as we now endure.  You may have been surprised by the detail in matters of school funding or banking policy…but there is no mention at all of DCS or roadblocks or wiretapping.  There is a reason for that.  Such powers are prohibited by law. 

Whatever is not specifically granted is completely denied.

So, when your money is taken for spending never allowed by the preceding constitution, it’s theft.  Your rights are taken without any legal basis at all.  Most of what government does to us is illegal.  That is crime committed against you, the State of Indiana, the nation of the United States of America, and against the ideology and wisdom of our wisest predecessors.

All of that would stop should you choose to enforce the constitutions and Rule of Law for which so many Americans fought and died. 

If you choose to vote for any other candidate, you will not get the benefits of law and order under this constitution.  That is fact.  If you vote for me, you would at least have a chance to live under the constitutions, with the peace, prosperity and liberty proven to follow. 

It is your choice.  Choose wisely.

 

 

 

 

4 July Done Proper

Do you want to celebrate 4 July in a way that’d do our founders proud? 

It’s been a year since our national-news-making tax protest on the Governor’s lawn, and we’re worse off than ever.  Our politicians have strayed even further from the laws that protect us from them (the constitutions). 

So this time, we’re not going to be distracted by the tax policy sub-issue.  We’ll no longer nibble at the branches of the problem of lawbreaking lawmakers.  We’re not going to fuss over symptoms – we aim to cure the disease of ungoverned government.

We will demand Rule of Law under Constitutions.  We will demand that our politicians obey the constitutions, as written.  No “interpretations,” no ifs, ands or buts.

Same place as last year …the Governor’s Mansion on North Meridian in Indianapolis from around 10 to 11am.

Contact me at andrewhorning@hotmail.com if you’re interested in making history.  Again. 

Horning for Governor platform…the Whole Thing.


What follows is the complete Indiana Constitution.  It is almost certainly not what you’ve been taught 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, so let’s deconstruct the wording a bit for clarity. 


No law shall be passedexcept” means that there cannot, legally, be any law written excepting the proviso of this law, “authorityas provided in this Constitution.” This is an unusual linguistic construction, so I’ll rephrase this in what I think is an accurate summary: For any law to be itself legal, its powers over us must be restrained to only the authority granted by this constitution.  Another way to say it could be, No law can be written that depends upon authority not specifically granted by this constitution.  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 correct to refuse such obeisance.


 


  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


   (18) 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.


  


  Section 14. Discipline of members


 


   Section 14. Either House may punish its members for disorderly


   behavior, and may, with the concurrence of two-thirds, expel a member;


   but not a second time for the same cause.


  


  Section 15. Contempt by non-members; punishment


 


   Section 15. Either House, during its session, may punish, by


   imprisonment, any person not a member, who shall have been guilty of


   disrespect to the House, by disorderly or contemptuous behavior, in


   its presence; but such imprisonment shall not, at any one time, exceed


   twenty-four hours.


  


  Section 16. Legislative powers


 


   Section 16. Each House shall have all powers, necessary for a branch


   of the Legislative department of a free and independent State.


  


That clause, “free and independent State” is not just a throwaway.  It is critical to the understanding of the power of the state within a federal form of government.  States are, after all, the owners of the United States and its federal form of government.  Read Jefferson’s and Madison’s Kentucky and Virginia Resolutions for a real eye-opening paradigm shift.  The way USA government was supposed to work is not be what you’ve been taught in the government’s schools.


 


  Section 17. Bills; raising revenue


 


   Section 17. Bills may originate in either House, but may be amended or


   rejected in the other; except that bills for raising revenue shall


   originate in the House of Representatives.


  


  Section 18. Reading and passage of bills


 


   Section 18. Every bill shall be read, by title, on three several days,


   in each House; unless, in case of emergency, two-thirds of the House


   where such bill may be pending shall, by a vote of yeas and nays, deem


   it expedient to dispense with this rule; but the reading of a bill, by


   title, on its final passage, shall, in no case, be dispensed with; and


   the vote on the passage of every bill or joint resolution shall be


   taken by yeas and nays.


  


    (History: As Amended November 6, 1984).


   


  Section 19. One subject acts; exceptions


 


   Section 19. An act, except an act for the codification, revision or


   rearrangement of laws, shall be confined to one subject and matters


   properly connected therewith.


  


    (History: As Amended November 8, 1960 November 5. 1974).


 


An act… shall be confined to one subject…”  Do you suppose any legislator, or any Governor, has read this preceding law?  Have you read a bill lately?  Almost all bills become trundling dreadnaughts laden with unrelated pork, power and privilege such that you can hardly tell what the original law was supposed to do.  I would never sign such criminal nonsense into law, nor would I allow enforcement of such lawless law.


   


  Section 20. Acts and resolutions; plain language


 


   Section 20. Every act and joint resolution shall be plainly worded,


   avoiding, as far as practicable, the use of technical terms.


 


Ditto much of my preceding comment.  Plainly worded” means understandable without lawyers, decoder rings or judges. 


  


  Section 21. Repealed


 


   (Repealed November 8, 1960).


  


  Section 22. Local and special laws; restrictions


 


   Section 22. The General Assembly shall not pass local or special laws:


  


          Providing for the punishment of crimes and misdemeanors;


          Regulating the practice in courts of justice;


          Providing for changing the venue in civil and criminal cases;


          Granting divorces;


          Changing the names of persons;


          Providing for laying out, opening, and working on, highways,


          and for the election or appointment of supervisors;


          Vacating roads, town plats, streets, alleys, and public


          squares;


          Summoning and empaneling grand and petit juries, and providing


          for their compensation;


          Regulating county and township business;


          Regulating the election of county and township officers and


          their compensation;


          Providing for the assessment and collection of taxes for State,


          county, township, or road purposes;


          Providing for the support of common schools, or the


          preservation of school funds;


          Relating to fees or salaries, except that the laws may be so


          made as to grade the compensation of officers in proportion to


          the population and the necessary services required;


          Relating to interest on money;


          Providing for opening and conducting elections of State,


          county, or township officers, and designating the places of


          voting;


          Providing for the sale of real estate belonging to minors or


          other persons laboring under legal disabilities, by executors,


          administrators, guardians, or trustees.


         


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


   


  Section 23. General and uniform laws


 


   Section 23. In all the cases enumerated in the preceding section, and


   in all other cases where a general law can be made applicable, all


   laws shall be general, and of uniform operation throughout the State.


  


The General Assembly sometimes violates the preceding, but they usually do not need to since they’ve created so many bureaucracies that do all the dirty deeds.


 


  Section 24. Right to sue the state


 


   Section 24. Provision may be made, by general law, for bringing suit


   against the State; but no special law authorizing such suit to be


   brought, or making compensation to any person claiming damages against


   the State, shall ever be passed.


  


    (History: As Amended November 6, 1984).


   


  Section 25. Passage of bills and resolutions; signing


 


   Section 25. A majority of all the members elected to each House, shall


   be necessary to pass every bill or joint resolution; and all bills and


   joint resolutions so passed, shall be signed by the Presiding Officers


   of the respective Houses.


  


  Section 26. Protest by members; entry of dissent on journal


 


   Section 26. Any member of either House shall have the right to


   protest, and to have his protest, with his reasons for dissent,


   entered on the journal.


  


  Section 27. Public laws


 


   Section 27. Every statute shall be a public law, unless otherwise


   declared in the statute itself.


  


  Section 28. Effective date of acts


 


   Section 28. No act shall take effect, until the same shall have been


   published and circulated in the several counties of the State, by


   authority, except in case of emergency, which emergency shall be


   declared in the preamble, or in the body, of the law.


  


  Section 29. Compensation of members; conditions


 


   Section 29. The members of the General Assembly shall receive for


   their services a compensation to be fixed by law; but no increase of


   compensation shall take effect during the session at which such


   increase may be made.


  


    (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 30. Holding of public office; eligibility


 


   Section 30. No Senator or Representative shall, during the term for


   which he may have been elected, be eligible to any office, the


   election to which is vested in the General Assembly; nor shall he be


   appointed to any civil office of profit, which shall have been


   created, or the emoluments of which shall have been increased, during


   such term; but this latter provision shall not be construed to apply


   to any office elective by the People.


 


ARTICLE 5. Executive


 


  Section 1. Governor; term of office


 


   Section 1. The executive power of the State shall be vested in a


   Governor. He shall hold his office during four years, and shall not be


   eligible more than eight years in any period of twelve years.


  


    (History: As Amended November 7, 1972).


   


  Section 2. Lieutenant governor; term of office


 


   Section 2. There shall be a Lieutenant Governor. who shall hold his


   office during four years.


  


  Section 3. Election of governor and lieutenant governor


 


   Section 3. The Governor and Lieutenant Governor shall be elected at


   the times and places of choosing members of the General Assembly.


  


  Section 4. Method of voting


 


   Section 4. Each candidate for Lieutenant Governor shall run jointly in


   the general election with a candidate for Governor, and his name shall


   appear jointly on the ballot with the candidate for Governor. Each


   vote cast for a candidate for Governor shall be considered cast for


   the candidate for Lieutenant Governor as well. The candidate for


   Lieutenant Governor whose name appears on the ballot jointly with that


   of the successful candidate for Governor shall be elected Lieutenant


   Governor.


  


    (History: As Amended November 5, 1974).


   


  Section 5. Tie vote


 


   Section 5. In the event of a tie vote, the Governor and Lieutenant


   Governor shall be elected from the candidates having received the tie


   vote by the affirmative vote in joint session of a majority of the


   combined membership of both Houses as the first order of business


   after their organization.


  


    (History: As Amended November 5, 1974).


   


  Section 6. Contested elections of governor and lieutenant governor


 


   Section 6. Contested elections for Governor or Lieutenant Governor,


   shall be determined by the General Assembly, in such manner as may be


   prescribed by law.


  


  Section 7. Qualifications of governor and lieutenant governor


 


   Section 7. No person shall be eligible to the office of Governor or


   Lieutenant Governor, who shall not have been five years a citizen of


   the United States, and also a resident of the State of Indiana during


   the five years next preceding his election; nor shall any person be


   eligible to either of the said offices, who shall not have attained


   the age of thirty years.


  


  Section 8. Ineligible persons


 


   Section 8. No member of Congress, or person holding any office under


   the United States or under this State, shall fill the office of


   Governor or Lieutenant Governor.


  


  Section 9. Term of office; commencement


 


   Section 9. The official term of the Governor and Lieutenant Governor


   shall commence on the second Monday of January, in the year one


   thousand eight hundred and fifty-three; and on the same day every


   fourth year thereafter.


  


  Section 10. Vacancies and disabilities; succession


 


   Section 10. (a) In case the Governor-elect fails to assume office, or


   in case of the death or resignation of the Governor or his removal


   from office, the Lieutenant Governor shall become Governor and hold


   office for the unexpired term of the person whom he succeeds. In case


   the Governor is unable to discharge the powers and duties of his


   office, the Lieutenant Governor shall discharge the powers and duties


   of the office as Acting Governor.


  


   (b) Whenever there is a vacancy in the office of Lieutenant Governor,


   the Governor shall nominate a Lieutenant Governor who shall take


   office upon confirmation by a majority vote in each house of the


   general assembly and hold office for the unexpired term of the person


   whom he succeeds. If the general assembly is not in session, the


   Governor shall call it into special session to receive and act upon


   the Governor’s nomination. In the event of the inability of the


   Lieutenant Governor to discharge the powers and duties of his office,


   the General Assembly may provide by law for the manner in which a


   person shall be selected to act in his place and declare which powers


   and duties of the office such person shall discharge.


  


   (c) Whenever the Governor transmits to the President pro tempore of


   the Senate and the Speaker of the House of Representatives his written


   declaration that he is unable to discharge the powers and duties of


   his office, and until he transmits to them a written declaration to


   the contrary, such powers and duties shall be discharged by the


   Lieutenant Governor as Acting Governor. Thereafter, when the Governor


   transmits to the President pro tempore of the Senate and the Speaker


   of the House of Representatives his written declaration that no


   inability exists, he shall resume the powers and duties of his office.


  


   (d) Whenever the President pro tempore of the Senate and the Speaker


   of the House of Representatives file with the Supreme Court a written


   statement suggesting that the Governor is unable to discharge the


   powers and duties of his office, the Supreme Court shall meet within


   forty-eight hours to decide the question and such decision shall be


   final. Thereafter, whenever the Governor files with the Supreme Court


   his written declaration that no inability exists, the Supreme Court


   shall meet within forty-eight hours to decide whether such be the case


   and such decision shall be final. Upon a decision that no inability


   exists, the Governor shall resume the powers and duties of his office.


  


   (e) Whenever there is a vacancy in both the office of Governor and


   Lieutenant Governor, the general assembly shall convene in joint


   session forty-eight hours after such occurrence and elect a Governor


   from and of the same political party as the immediately past Governor


   by a majority vote of each house.


  


    (History: As Amended November 7, 1978).


   


  Section 11. President of the senate


 


   Section 11. Whenever the Lieutenant Governor shall act as Governor, or


   shall be unable to attend as President of the Senate, the Senate shall


   elect one of its own members as President for the occasion.


  


  Section 12. Commander-in-chief


 


   Section 12. The Governor shall be commander-in-chief of the armed


   forces, and may call out such forces, to execute the laws, or to


   suppress insurrection, or to repel invasion.


  


    (History: As Amended November 6, 1984).


   


Which “armed forces”?  This is clearly not as we’ve been taught since the “federal” government stole so much power from states.  The Governor has real power!


 


  Section 13. Messages by governor to general assembly


 


   Section 13. The Governor shall, from time to time, give to the General


   Assembly information touching the condition of the State, and


   recommend such measures as he shall judge to be expedient.


  


    (History: As Amended November 6, 1984).


 


As Governor, I would employ this section so much as to tempt the General Assembly to repeal it.


   


  Section 14. Presentment of bills for signature; veto power


 


   Section 14. (a) Every bill which shall have passed the General


   Assembly shall be presented to the Governor. The Governor shall have


   seven days after the day of presentment to act upon such bill as


   follows:


  


        (1) He may sign it, in which event it shall become a law.


               


        (2) He may veto it:


                (A) In the event of a veto while the General Assembly is


                in session, he shall return such bill, with his


                objections, within seven days of presentment, to the


                House in which it originated. If the Governor does not


                return the bill within seven days of presentment, the


                bill becomes a law notwithstanding the veto.


                (B) If the Governor returns the bill under clause (A),


                the House in which the bill originated shall enter the


                Governor’s objections at large upon its journals and


                proceed to reconsider and vote upon whether to approve


                the bill. The bill must be reconsidered and voted upon


                within the time set out in clause (C). If, after such


                reconsideration and vote, a majority of all the members


                elected to that House shall approve the bill, it shall be


                sent, with the Governor’s objections, to the other House,


                by which it shall likewise be reconsidered and voted


                upon, and, if approved by a majority of all the members


                elected to that House, it shall be a law.


                (C) If the Governor returns the bill under clause (A),


                the General Assembly shall reconsider and vote upon the


                approval of the bill before the final adjournment of the


                next regular session of the General Assembly that follows


                the regular or special session in which the bill was


                originally passed. If the House in which the bill


                originated does not approve the bill under clause (B),


                the other House is not required to reconsider and vote


                upon the approval of the bill. If, after voting, either


                House fails to approve the bill within this time, the


                veto is sustained.


                (D) In the event of a veto after final adjournment of a


                session of the General Assembly, such bill shall be


                returned by the Governor to the House in which it


                originated on the first day that the General Assembly is


                in session after such adjournment, which House shall


                proceed in the same manner as with a bill vetoed before


                adjournment. The bill must be reconsidered and voted upon


                within the time set out in clause (C). If such bill is


                not so returned, it shall be a law notwithstanding such


                veto.


                


        (3) He may refuse to sign or veto such bill in which event it


                shall become a law without his signature on the eighth


                day after presentment to the Governor.


               


   (b) Every bill presented to the Governor which is signed by him or on


   which he fails to act within said seven days after presentment shall


   be filed with the Secretary of State within ten days of presentment.


   The failure to so file shall not prevent such a bill from becoming a


   law.


  


   (c) In the event a bill is passed over the Governor’s veto, such bill


   shall be filed with the Secretary of State without further presentment


   to the Governor, provided that, in the event of such passage over the


   Governor’s veto in the next succeeding General Assembly, the passage


   shall be deemed to have been the action of the General Assembly which


   initially passed such bill.


  


    (History: As Amended November 7, 1972 Nov. 6, 1990).


   


  Section 15. Administrative officers and departments


 


   Section 15. The Governor shall transact all necessary business with


   the officers of government, and may require information in writing


   from the officers of the administrative department, upon any subject


   relating to the duties of their respective offices.


  


  Section 16. Laws faithfully executed


 


   Section 16. The Governor shall take care that the laws are faithfully


   executed.


  


    (History: As Amended November 6, 1984).


 


This is what I am all about.  I will do Section 16 vigorously, and to the letter, in frustration of the wicked.


   


  Section 17. Pardons and reprieves; exception


 


   Section 17. The Governor may grant reprieves, commutations, and


   pardons, after conviction, for all offenses except treason and cases


   of impeachment, subject to such regulations as may be provided by law.


   Upon conviction for treason, the Governor may suspend the execution of


   the sentence, until the case has been reported to the General


   Assembly, at its next meeting, when the General Assembly shall either


   grant a pardon, commute the sentence, direct the execution of the


   sentence, or grant a further reprieve. The Governor may remit fines


   and forfeitures, under such regulations as may be provided by law; and


   shall report to the General Assembly, at its next meeting, each case


   of reprieve, commutation, or pardon granted, and also the names of all


   persons in whose favor remission of fines and forfeitures were made,


   and the several amounts remitted; provided, however, the General


   Assembly may, by law, constitute a council composed of officers of


   State, without whose advice and consent the Governor may not grant


   pardons, in any case, except those left to his sole power by law.


  


    (History: As Amended November 6, 1984).


 


If I were Governor, lots of Hoosiers would get their houses back.  People imprisoned illegally would be freed.  Money would be returned.  Rights would, of course, be restored.  Justice would be done.


   


  Section 18. Vacancies; filling during recess


 


   Section 18. When, during a recess of the General Assembly, a vacancy


   shall happen in any office, the appointment to which is vested in the


   General Assembly; or when, at any time, a vacancy shall have occurred


   in any other State office, or in the office of Judge of any Court; the


   Governor shall fill such vacancy, by appointment, which shall expire,


   when a successor shall have been elected and qualified.


  


  Section 19. Repealed


 


   (Repealed November 6, 1984).


  


  Section 20. Meeting place of general assembly


 


   Section 20. Should the seat of government become dangerous from


   disease or a common enemy, the Governor may convene the General


   Assembly at any other place.


  


    (History: As Amended November 6, 1984).


   


  Section 21. Functions and duties of lieutenant governor


 


   Section 21. The Lieutenant Governor shall, by virtue of his office, be


   President of the Senate; have a right, when in committee of the whole,


   to join in debate, and to vote on all subjects; and, whenever the


   Senate shall be equally divided, he shall give the casting vote.


  


  Section 22. Compensation of governor


 


   Section 22. The Governor shall, at stated times, receive for his


   services a compensation, which shall neither be increased nor


   diminished, during the term for which he shall have been elected.


  


  Section 23. Compensation of lieutenant governor


 


   Section 23. The Lieutenant Governor, while he shall act as President


   of the Senate, shall receive, for his services, the same compensation


   as the Speaker of the House of Representatives; and any person, acting


   as Governor, shall receive the compensation attached to the office of


   Governor.


  


  Section 24. Dual holding of office


 


   Section 24. Neither the Governor nor Lieutenant Governor shall be


   eligible to any other office, during the term for which he shall have


   been elected.


 


ARTICLE 6. Administrative


 


  Section 1. State officers; secretary, auditor and treasurer: election


 


   Section 1. There shall be elected, by the voters of the state, a


   Secretary, an Auditor and a Treasurer of State, who shall, severally,


   hold their offices for four years. They shall perform such duties as


   may be enjoined by law; and no person shall be eligible to either of


   said offices, more than eight years in any period of twelve years.


  


    (History: As Amended November 3, 1970).


   


  Section 2. County officers; clerk of circuit court, auditor, recorder,


  treasurer, sheriff, coroner and surveyor; election


 


   Section 2. There shall be elected, in each county by the voters


   thereof, at the time of holding general elections, a Clerk of the


   Circuit Court, Auditor, Recorder, Treasurer, Sheriff, Coroner, and


   Surveyor, who shall, severally, hold their offices for four years; and


   no person shall be eligible to the office of Clerk, Auditor, Recorder,


   Treasurer, Sheriff, or Coroner more than eight years in any period of


   twelve years.


  


    (History: As Amended November 4, 1952; November 6, 1984).


   


  Section 3. Election or appointment of other county and township officers


 


   Section 3. Such other county and township officers as may be


   necessary, shall be elected, or appointed, in such manner as may be


   prescribed by law.


  


  Section 4. County officers; qualifications


 


   Section 4. No person shall be elected, or appointed, as a county


   officer, who is not an elector of the county and who has not been an


   inhabitant of the county one year next preceding his election or


   appointment.


  


    (History: As Amended November 6, 1984).


   


  Section 5. State officers; residence


 


   Section 5. The Governor, and the Secretary, Auditor, and Treasurer of


   State, shall, severally, reside and keep the public records, books,


   and papers, in any manner relating to their respective offices, at the


   seat of government.


  


Some complain that Governor Daniels lives outside the “seat of government” in Hamilton County.  Curiously, the people who complain about this trifle don’t seem to care as much about the rest of the constitution. 


 


  Section 6. Local officers; residence


 


   Section 6. All county, township, and town officers, shall reside


   within their respective counties, townships, and towns; and shall keep


   their respective – offices at such places therein, and perform such


   duties, as may be directed by law.


  


  Section 7. State officers; removal methods; impeachment


 


   Section 7. All State officers shall, for crime, incapacity, or


   negligence, be liable to be removed from office, either by impeachment


   by the House of Representatives, to be tried by the Senate, or by a


   joint resolution of the General Assembly; two-thirds of the members


   elected to each branch voting, in either case, therefore.


  


  Section 8. State, county, township and town officers; impeachment and removal


 


   Section 8. All State, county, township, and town officers, may be


   impeached, or removed from office, in such manner as may be prescribed


   by law.


  


  Section 9. County, township and town offices; vacancies


 


   Section 9. Vacancies in county, township, and town offices, shall be


   filled in such manner as may be prescribed by law.


  


  Section 10. Powers of county boards


 


   Section 10. The General Assembly may confer upon the boards doing


   county business in the several counties, powers of a local,


   administrative character.


  


Note that this is administrative power only, and not legislative, judicial and executive authority!


 


  Section 11. Repealed


 


   (Repealed November 6, 1984).


                                      


ARTICLE 7. Judicial.


 


  Section 1. Judicial power


 


   Section 1. Judicial Power. The judicial power of the State shall be


   vested in one Supreme Court, one Court of Appeals, Circuit Courts, and


   such other courts as the General Assembly may establish.


  


    (History: As Amended March 14, 1881; November 3, 1970).


   


  Section 2. Supreme Court


 


   Section 2. Supreme Court. The Supreme Court shall consist of the Chief


   Justice of the State and not less than four nor more than eight


   associate justices; a majority of whom shall form a quorum. The court


   may appoint such personnel as may be necessary.


  


    (History: As Amended November 3, 1970).


   


  Section 3. Chief Justice


 


   Section 3. Chief Justice. The Chief Justice of the State shall be


   selected by the judicial nominating commission from the members of the


   Supreme Court and he shall retain that office for a period of five


   years, subject to reappointment in the same manner, except that a


   member of the Court may resign the office of Chief Justice without


   resigning from the Court. During a vacancy in the office of Chief


   Justice caused by absence, illness, incapacity or resignation all


   powers and duties of that office shall devolve upon the member of the


   Supreme Court who is senior in length of service and if equal in


   length of service the determination shall be by lot until such time as


   the cause of the vacancy is terminated or the vacancy is filled.


  


   The Chief Justice of the State shall appoint such persons as the


   General Assembly by law may provide for the administration of his


   office. The Chief Justice shall have prepared and submit to the


   General Assembly regular reports on the condition of the courts and


   such other reports as may be requested.


  


    (History: As Amended November 3, 1970).


   


  Section 4. Jurisdiction of Supreme Court


 


   Section 4. The Supreme Court shall have no original jurisdiction


   except in admission to the practice of law; discipline or disbarment


   of those admitted; the unauthorized practice of law; discipline,


   removal, and retirement of justices and judges; supervision of the


   exercise of jurisdiction by the other courts of the State; and


   issuance of writs necessary or appropriate in aid of its jurisdiction.


   The Supreme Court shall exercise appellate jurisdiction under such


   terms and conditions as specified by rules except that appeals from a


   judgment imposing a sentence of death life imprisonment or


   imprisonment for a term greater than fifty years shall be taken


   directly to the Supreme Court. The Supreme Court shall have, in all


   appeals of criminal cases, the power to review all questions of law


   and to review and revise the sentence imposed.


  


    (History: As Amended November 3, 1970; November 8, 1988).


   


  Section 5. Court of Appeals


 


   Section 5. Court of Appeals. The Court of Appeals shall consist of as


   many geographic districts and sit at such locations as the General


   Assembly shall determine to be necessary. Each geographic district of


   the Court shall consist of three judges. The judges of each geographic


   district shall appoint such personnel as the General Assembly may


   provide by law.


  


    (History: As Amended November 3, 1970).


   


  Section 6. Jurisdiction of Court of Appeals


 


   Section 6. Jurisdiction of Court of Appeals. The Court shall have no


   original jurisdiction, except that it may be authorized by rules of


   the Supreme Court to review directly decisions of administrative


   agencies. In all other cases, it shall exercise appellate jurisdiction


   under such terms and conditions as the Supreme Court shall specify by


   rules which shall, however, provide in all cases an absolute right to


   one appeal and to the extent provided by rule, review and revision of


   sentences for defendants in all criminal cases.


  


    (History: As Amended November 3, 1970).


   


  Section 7. Judicial circuits


 


   Section 7. Judicial Circuits. The State shall, from time to time, be


   divided into judicial circuits; and a Judge for each circuit shall be


   elected by the voters thereof. He shall reside within the circuit and


   shall have been duly admitted to practice law by the Supreme Court of


   Indiana; he shall hold his office for the term of six years, if he so


   long behaves well.


  


    (History: As Amended November 3, 1970).


   


  Section 8. Circuit courts


 


   Section 8. Circuit Courts. The Circuit Courts shall have such civil


   and criminal jurisdiction as may be prescribed by law.


  


    (History: As Amended November 3, 1970).


   


  Section 9. Judicial nominating commission


 


   Section 9. Judicial Nominating Commission. There shall be one judicial


   nominating commission for the Supreme Court and Court of Appeals. This


   commission shall, in addition, be the commission on judicial


   qualifications for the Supreme Court and Court of Appeals.


  


   The judicial nominating commission shall consist of seven members, a


   majority of whom shall form a quorum, one of whom shall be the Chief


   Justice of the State or a Justice of the Supreme Court whom he may


   designate, who shall act as chairman. Those admitted to the practice


   of law shall elect three of their number to serve as members of said


   commission. All elections shall be in such manner as the General


   Assembly may provide. The Governor shall appoint to the commission


   three citizens, not admitted to the practice of law. The terms of


   office and compensation for members of a judicial nominating


   commission shall be fixed by the General Assembly. No member of a


   judicial nominating commission other than the Chief Justice or his


   designee shall hold any other salaried public office. No member shall


   hold an office in a political party or organization. No member of the


   judicial nominating commission shall be eligible for appointment to a


   judicial office so long as he is a member of the commission and for a


   period of three years thereafter.


  


    (History: As Amended November 8, 1960; November 3, 1970).


   


  Section 10. Selection of justices of the Supreme Court and judges of the


  Court of Appeals


 


   Section 10. Selection of Justices of the Supreme Court and Judges of


   the Court of Appeals. A vacancy in a judicial office in the Supreme


   Court or Court of Appeals shall be filled by the Governor, without


   regard to political affiliation, from a list of three nominees


   presented to him by the judicial nominating commission. If the


   Governor shall fail to make an appointment from the list within sixty


   days from the day it is presented to him, the appointment shall be


   made by the Chief Justice or the acting Chief Justice from the same


   list.


  


   To be eligible for nomination as a justice of the Supreme Court or


   Judge of the Court of Appeals, a person must be domiciled within the


   geographic district, a citizen of the United States, admitted to the


   practice of law in the courts of the State for a period of not less


   than ten (10) years or must have served as a judge of a circuit,


   superior or criminal court of the State of Indiana for a period of not


   less than five (5) years.


  


    (History: As Amended November 3, 1970).


   


  Section 11. Tenure of justices of Supreme Court and judges of the Court of


  Appeals


 


   Section 11. Tenure of Justices of Supreme Court and Judges of the


   Court of Appeals. A justice of the Supreme Court or Judge of the Court


   of Appeals shall serve until the next general election following the


   expiration of two years from the date of appointment, and subject to


   approval or rejection by the electorate, shall continue to serve for


   terms of ten years, so long as he retains his office. In the case of a


   justice of the Supreme Court, the electorate of the entire state shall


   vote on the question of approval or rejection. In the case of judges


   of the Court of Appeals the electorate of the geographic district in


   which he serves shall vote on the question of approval or rejection.


  


   Every such justice and judge shall retire at the age specified by


   statute in effect at the commencement of his current term.


  


   Every such justice or judge is disqualified from acting as a judicial


   officer, without loss of salary, while there is pending (1) an


   indictment or information charging him in any court in the United


   States with a crime punishable as a felony under the laws of Indiana


   or the United States, or (2) a recommendation to the Supreme Court by


   the commission on judicial qualifications for his removal or


   retirement.


  


   On recommendation of the commission on judicial qualifications or on


   its own motion, the Supreme Court may suspend such justice or judge


   from office without salary when in any court in the United States he


   pleads guilty or no contest or is found guilty of a crime punishable


   as a felony under the laws of Indiana or the United States, or of any


   other crime that involves moral turpitude under that law. If his


   conviction is reversed, suspension terminates and he shall be paid his


   salary for the period of suspension. If he is suspended and his


   conviction becomes final the Supreme Court shall remove him from


   office.


  


   On recommendation of the commission on judicial qualifications the


   Supreme Court may (1) retire such justice or judge for disability that


   seriously interferes with the performance of his duties and is or is


   likely to become permanent, and (2) censure or remove such justice or


   judge, for action occurring not more than six years prior to the


   commencement of his current term, when such action constitutes willful


   misconduct in office, willful and persistent failure to perform his


   duties, habitual intemperance, or conduct prejudicial to the


   administration of justice that brings the judicial office into


   disrepute.


  


   A justice or judge so retired by the Supreme Court shall be considered


   to have retired voluntarily. A justice or judge so removed by the


   Supreme Court is ineligible for judicial office and pending further


   order of the Court he is suspended from practicing law in this State.


  


   Upon receipt by the Supreme Court of any such recommendation, the


   Court shall hold a hearing, at which such justice or judge is entitled


   to be present, and make such determinations as shall be required. No


   justice shall participate in the determination of such hearing when it


   concerns himself.


  


   The Supreme Court shall make rules implementing this section and


   provide for convening of hearings. Hearings and proceedings shall be


   public upon request of the justice or judge whom it concerns.


  


   No such justice or judge shall, during his term of office, engage in


   the practice of law, run for elective office other than a judicial


   office, directly or indirectly make any contribution to, or hold any


   office in, a political party or organization or take part in any


   political campaign.


  


    (History: As Amended November 4, 1952 November 3, 1970).


   


  Section 12. Substitution of judges


 


   Section 12. Substitution of Judges. The General Assembly may provide,


   by law, that the Judge of one circuit may hold the Courts of another


   circuit, in cases of necessity or convenience; and in case of


   temporary inability of any Judge, from sickness or other cause, to


   hold the Courts in his circuit, provision may be made, by law, for


   holding such courts.


  


    (History: As Amended November 3, 1970).


   


  Section 13. Removal of circuit court judges and Prosecuting attorneys


 


   Section 13. Removal of Circuit Court Judges and Prosecuting Attorneys.


   Any Judge of the Circuit Court or Prosecuting Attorney, who shall have


   been convicted of corruption or other high crime, may, on information


   in the name of the State, be removed from office by the Supreme Court,


   or in such other manner as may be prescribed by law.


  


    (History: As Amended November 3, 1970).


   


  Section 14. Repealed


 


   (Repealed November 6, 1984).


  


  Section 15. No limitation on term office


 


   Section 15. No Limitation on Term of Office. The provisions of Article


   15, Section 2, prohibiting terms of office longer than four years,


   shall not apply to justices and judges.


  


    (History: As Amended November 3, 1970).


   


  Section 16. Prosecuting attorneys


 


   Section 16. Prosecuting Attorneys. There shall be elected in each


   judicial circuit by the voters thereof a prosecuting attorney, who


   shall have been admitted to the practice of law in this State before


   his election, who shall hold his office for four years, and whose term


   of office shall begin on the first day of January next succeeding his


   election. The election of prosecuting attorneys under this section


   shall be held at the time of holding the general election in the year


   1974 and each four years thereafter.


  


    (History: As Amended November 3, 1970).


   


  Section 17. Grand jury


 


   Section 17. Grand Jury. The General Assembly may modify, or abolish,


   the grand jury system.


  


    (History: As Amended November 3, 1970


   


  Section 18. Criminal prosecutions


 


   Section 18. Criminal Prosecutions. All criminal prosecutions shall be


   carried on in the name, and by the authority of the state; and the


   style of all process shall be: “The State of Indiana.”


  


    (History: As Amended November 3, 1970


   


  Section 19. Pay


 


   Section 19. Pay. The Justices of Supreme Court and Judges of the Court


   of Appeals and the Circuit Courts shall at stated times receive


   compensation which shall not be diminished during their continuance in


   office.


  


    (History: As Amended November 3, 1971,


   


  Section 20. Repealed


 


   (Repealed November 6, 1984. The schedule adopted with the November 3,


   1970, amendment to Article 7 was stricken out by the November 1984,


   amendment).


  


  Section 21. Repealed


 


   (Repealed November 8, 1932).


                                      


ARTICLE 8. Education


 


  Section 1. Common schools system


 


   Section 1. Knowledge and learning, general diffused throughout a


   community, being essential to the preservation of a free government;


   it should be the duty of the General Assembly to encourage, by all


   suitable means, moral, intellectual scientific, and agricultural


   improvement; and provide, by law, for a general and uniform system of


   Common Schools, wherein tuition shall without charge, and equally open


   to all.


  


When this constitution was written, Common Schools were well understood to be the uniform (identical; same quality everywhere) and simple system of education promoted by Horace Mann as the “ladder of opportunity” putting poor kids on the same level as rich kids.  Ergo the state, non-local funding of such schools (see below).  Only by making identical schools funded equally across rich and poor areas would this make any sense at all given the generally bad nature of political education.  Now, as you know, we have a local/state hybrid that’s anything but equal and/or uniform.  Rich kids obviously get better schools; only now it’s with poor folks’ tax dollars; and all schools are now run by politicians and unions, making them an international embarrassment. 


And perversely, we make parents pay for books, yet we make taxpayers pay for exotic sporting facilities, cafeterias and other non-educational claptrap that’d make Horace Mann spin in his grave.


This is all so terribly criminal, with such grave, lasting consequences, that I’d make righting this wrong a very top priority.


 


  Section 2. Common school fund


 


   Section 2. The Common School fund shall consist of the Congressional


   Township fund, and the lands belonging thereto;


  


                The Surplus Revenue fund;


                The Saline fund and the lands belonging thereto;


                The Bank Tax fund, and the fund arising from the one


                hundred and fourteenth section of the charter of the


                State Bank of Indiana;


                The fund to be derived from the sale of County


                Seminaries, and the moneys and property heretofore held


                for such Seminaries; from the fines assessed for breaches


                of the penal laws of the State; and from all forfeitures


                which may accrue;


                All lands and other estate which shall escheat to the


                State, for want of heirs or kindred entitled to the


                inheritance;


                All lands that have been, or may hereafter be, granted to


                the State, where no special purpose is expressed in the


                grant, and the proceeds of the sales thereof; including


                the proceeds of the sales of the Swamp Lands, granted to


                the State of Indiana by the act of Congress of the twenty


                eighth of September, eighteen hundred and fifty, after


                deducting the expense of selecting and draining the same;


               


                Taxes on the property of corporations, that may be


                assessed by the General Assembly for common school


                purposes.


               


No personal property tax allowed.


I’ll repeat. 


No personal property taxation is authorized for these Common Schools.  You didn’t read it in the preceding, because it’s not there. 


There goes half of your property tax bill.


 


  Section 3. Principal and income of fund


 


   Section 3. The principal of the Common School fund shall remain a


   perpetual fund, which may be increased, but shall never be diminished;


   and the income thereof shall be inviolably appropriated to the support


   of Common Schools, and to no other purpose whatever.


  


There was to be an inviolable trust (Section 7) to pay for all this, and we don’t have one. 


 


  Section 4. Investment and distribution of fund interest


 


   Section 4. The General Assembly shall invest, in some safe and


   profitable manner, all such portions of the Common School fund, as


   have not heretofore been entrusted to the several counties and shall


   make provision, by law, for the distribution, among the several


   counties, of the interest thereof.


  


  Section 5. Reinvestment of unused interest


 


   Section 5. If any county shall fail to demand its proportion of such


   interest, for Common School purposes, the same shall be reinvested,


   for the benefit of such county.


  


  Section 6. Preservation of fund by counties; liability


 


   Section 6. The several counties shall be held liable for the


   preservation of so much of the said fund as may be entrusted to them,


   and for the payment of the annual interest thereon.


  


  Section 7. State trust funds inviolate


 


   Section 7. All trust funds, held by the State, shall remain inviolate,


   and be faithfully and exclusively applied to the purposes for which


   the trust was created.


  


  Section 8. State superintendent of public instruction


 


   Section 8. There shall be a State Superintendent of Public


   Instruction, whose method of selection, tenure, duties and


   compensation shall be prescribed by law.


  


    (History: As Amended November 7, 1972. The schedule adopted under the 1972


    amendment to Article 8, Section 8. was stricken out by the November 6,


    1984, amendment).


   


ARTICLE 9. State Institutions


 


  Section 1. Institutions for the deaf, mute, blind, and the insane


 


   Section 1. It shall be the duty of the General Assembly to provide, by


   law, for the support of institutions for the education of the deaf,


   the mute, and the blind; and, for the treatment of the insane.


  


    (History: As amended November 6, 1981).


   


  Section 2. Institutions for juvenile offenders


 


   Section 2. The General Assembly shall provide institutions for the


   correction and reformation of juvenile offenders.


  


    (History: As Amended November 6, 1984).


   


  Section 3. County asylum farms


 


   Section 3. The counties may provide farms, as an asylum for those


   persons who, by reason of age, infirmity, or other misfortune, have


   claims upon the sympathies and aid of society.


  


    (History: As Amended November 6, 1984).


 


This was not intended as work camps for those who’d lost their homes to taxation and eminent domain!  The history of “county homes” is not very good, as the temptation to seek free labor via courtroom conscription is very great indeed.  I need to look into this more since I confess I know little about the current state of affairs. 


         


ARTICLE 10. Finance


 


  Section 1. Property assessment and taxation


 


   Section 1. (a) The General Assembly shall provide, by law, for a


   uniform and equal rate of property assessment and taxation and shall


   prescribe regulations to secure a just valuation for taxation of all


   property, both real and personal. The General Assembly may exempt from


   property taxation any property in any of the following classes:


  


          (1) Property being used for municipal, educational, literary,


          scientific, religious or charitable purposes;


          (2) Tangible personal property other than property being held


          for sale in the ordinary course of a trade or business,


          property being held, used or consumed in connection with the


          production of income, or property being held as an investment;


          (3) Intangible personal property.


         


   (b) The General Assembly may exempt any motor vehicles, mobile homes,


   airplanes, boats, trailers or similar property, provided that an


   excise tax in lieu of the property tax is substituted therefore.


  


    (History: As Amended November 8, 1966).


 


This article is awful and should be scrapped.  It’s almost unenforceable (uniform and equal rate of property assessment can only be zero), and the “just valuation” clause renders the tax impossible because of the state’s illegal spending.  As Governor I could enforce only a property tax rate of zero.  Only that would fit the letter of this law.


   


  Section 2. Public debt; payment


 


   Section 2. All the revenues derived from the sale of any of the public


   works belonging to the State, and from the net annual income thereof,


   and any surplus that may, at any time, remain in the Treasury, derived


   from taxation for general State purposes, after the payment of the


   ordinary expenses of the government, and of the interest on bonds of


   the State, other than Bank bonds; shall be annually applied, under the


   direction of the General Assembly, to the payment of the principal of


   the Public Debt.


  


  Section 3. Appropriations made by law


 


   Section 3. No money shall be drawn from the Treasury, but in pursuance


   of appropriations made by law.


  


A good number of appropriations are made by bureaucracies, in violation of this law. 


 


  Section 4. Receipts and expenditures; publication


 


   Section 4. An accurate statement of the receipts and expenditures of


   the public money, shall be published with the laws of each regular


   session of the General Assembly.


  


  Section 5. State debt; requirements


 


   Section 5. No law shall authorize any debt to be contracted, on behalf


   of the State, except in the following cases: to meet casual deficits


   in the revenue; to pay the interest on the State Debt; to repel


   invasion, suppress insurrection, or, if hostilities be threatened,


   provide for the public defense.


  


Deficits in revenue are not the same as deficits in desired spending!  And bureaucracies do not transcend this law!  Most of our government debt is therefore illegal, no matter how it is described.  See Article 13.


 


  Section 6. Corporation stock and subscription by counties; state assumption


  of county debts


 


   Section 6. No county shall subscribe for stock in any incorporated


   company, unless the same be paid for at the time of such subscription;


   nor shall any county loan its credit to any incorporated company, nor


   borrow money for the purpose of taking stock in any such company; nor


   shall the General Assembly ever, on behalf of the State, assume the


   debts of any county, city, town, or township; nor of any corporation


   whatever.


  


Remember this when you read Article 11, Section 12.  And consider that even the state’s well-intended bailouts of local school and governing units are specifically illegal.


 


  Section 7. Wabash and Erie Canal


 


   Section 7. No law or resolution shall ever be passed by the General


   Assembly of the State of Indiana, that shall recognize any liability


   of this State to pay or redeem any certificate of stock issued in


   pursuance of an act entitled “An Act to provide for the funded debt of


   the State of Indiana, and for the completion of the Wabash and Erie


   Canal to Evansville,” passed January 19th, 1846; and an act


   supplemental to said act, passed January 29th, 1847, which, by the


   provisions of the said acts, or either of them, shall be payable


   exclusively from the proceeds of the canal lands, and the tolls and


   revenues of the canal, in said acts mentioned, and no such


   certificates or stocks shall ever be paid by this State.


  


    (History: Added February 18, 1873).


 


The state went broke investing in the public transportation system.  It used this calamity as an excuse to scrap a good constitution, write a weaker, more ambiguous one, and deny its own accountability for the mess.  Scandalous, terrible behavior.  I don’t know why we trust politicians with our money…


   


  Section 8. Income tax; levy and collection authorized


 


   Section 8. The general assembly may levy and collect a tax upon


   income, from whatever source derived, at such rates, in such manner,


   and with such exemptions as may be prescribed by law.


  


    (History: Added November 8, 1932).


   


ARTICLE 11. Corporations


 


  Section 1. Banks, banking companies and moneyed institutions; incorporation


 


   Section 1. The General Assembly shall not have power to establish, or


   incorporate, any bank or banking company, or moneyed institution, for


   the purpose of issuing bills of credit, or bills payable to order or


   bearer, except under the conditions prescribed in this Constitution.


  


  Section 2. General banking laws; exception


 


   Section 2. No banks shall be established otherwise than under a


   general banking law, except as provided in the fourth section of this


   article.


 


The many preceding proscriptions against central banking make sense.  I often pray that citizens will have a collective epiphany about the disastrous, unconstitutional/illegal “Federal” Reserve Bank.


  


  Section 3. Registry by state of notes


 


   Section 3. If the General Assembly shall enact a general banking law,


   such law shall provide for the registry and countersigning, by an


   officer of State, of all paper credit designed to be circulated as


   money; and ample collateral security, readily convertible into specie,


   for the redemption of the same in gold or silver, shall be required;


   which collateral security shall be under the control of the proper


   officer or officers of State.


 


It would require legislation, of course, but I’d love to see a debt-free currency issued in competition/replacement of Federal Reserve Notes.  I can only suggest, however, as the Governor has no power to create such an alternative currency. 


However, I could insist upon citizens’ right to barter using whatever unit of barter it chooses (such as the “Liberty Dollar” which was illegally banned and stolen in Indiana by our “federal” government agents).


  


  Section 4. Banks and branches of banks; charter


 


   Section 4. The General Assembly may also charter a bank with branches,


   without collateral security as required in the preceding section.


  


  Section 5. Bank branches mutually liable


 


   Section 5. If the General Assembly shall establish a bank with


   branches, the branches shall be mutually responsible for each other’s


   liabilities upon all paper credit issued as money.


  


  Section 6. Repealed


 


   (Repealed November 5, 1940).


  


  Section 7. Redemption of bills and notes


 


   Section 7. All bills or notes issued as money shall be, at all times,


   redeemable in gold or silver; and no law shall be passed, sanctioning,


   directly or indirectly, the suspension, by any bank or banking company


   of specie payments.


  


  Section 8. Holders of bank notes; preference


 


   Section 8. Holders of bank notes shall be entitled, in case of


   insolvency, to preference of payment over all other creditors.


  


  Section 9. Interest rate


 


   Section 9. No bank shall receive, directly or indirectly, a greater


   rate of interest than shall be allowed, by law, to individuals loaning


   money.


  


  Section 10. Repealed


 


   (Repealed November 5, 1940).


  


  Section 11. Trust funds; investment in banks with branches


 


   Section 11. The General Assembly is not prohibited from investing the


   Trust Funds in a bank with branches; but in case of such investment,


   the safety of the same shall be guarantied by unquestionable security.


  


  Section 12. State as stockholder in banks; prohibition


 


   Section 12. The State shall not be a stockholder in any bank; nor


   shall the credit of the State ever be given, or loaned, in aid of any


   person, association or corporation; nor shall the State become a


   stockholder in any corporation or association.


  


    (History: As amended November 6, 1984).


 


“…Nor shall the credit of the State ever be given, or loaned, in aid of any person, association or corporation…”  Read that a few times until it sinks in that all the credit, perks, loans, subsidies and tax breaks given to foreign corporations, sports teams, mall builders, politicians and the like…are illegal!


   


  Section 13. Corporations other than banking; creation


 


   Section 13. Corporations, other than banking, shall not be created by


   special act, but may be formed under general laws.


  


Most people don’t know that corporations are government (not business) entities created to oppose the inherent accountability of a free market. I make this point because when you hear the phrase “unregulated free market” you’re hearing ignorant blather.  Regulations (including licensing) are almost always created to favor the politically connected, not the meek, poor and underserved.  It is political regulations, not the lack thereof, that cause havoc and crime.   


 


  Section 14. Liability of stockholders


 


   Section 14. Dues from corporations shall be secured by such individual


   liability of the stockholders, or other means, as may be prescribed by


   law.


  


    (History: As Amended November 5, 1940).


  


ARTICLE 12. Militia


 


  Section 1. Membership


 


   Section 1. A militia shall be provided and shall consist of all


   persons over the age of seventeen (17) years, except those persons who


   may be exempted by the laws of the United States or of this state. The


   militia may be divided into active and inactive classes and consist of


   such military organizations as may be provided by law.


  


    (History: As Amended November 3, 1936; November 5, 1974).


 


This says “militia,” and not “standing army” in the parlance of our predecessors (who wrote our constitutions, both state and federal).  This is a key difference, but I won’t take space here to explain why.  You should look this up and see why our founders were so opposed to what we have become. 


   


  Section 2. Commander-in-chief


 


   Section 2. The Governor is Commander-in-Chief of the militia and other


   military forces of this state.


  


    (History: As Amended November 5, 1974).


 


“…and other military forces of this state.  This is the heart of political executive authority, but it’s also the heart of federalism and the loss of proper order between state and truly federal power.


   


  Section 3. Adjutant general


 


   Section 3. There shall be an Adjutant General, who shall be appointed


   by the Governor.


  


    (History: As Amended November 5, 1974).


   


  Section 4. Conscientious objectors


 


   Section 4. No person, conscientiously opposed to bearing arms, shall


   be compelled to do so in the militia.


  


    (History: As Amended November 5, 1974).


   


  Section 5. Repealed


 


   (Repealed November 5, 1974).


  


  Section 6. Repealed


 


   (Repealed November 5, 1974).


         


ARTICLE 13. Indebtedness


 


  Section 1. Limitation on debt; excess; exceptions


 


   Section 1. No political or municipal corporation in this State shall


   ever become indebted, in any manner or for any purpose, to an amount,


   in the aggregate, exceeding two per centum on the value of the taxable


   property within such corporation, to be ascertained by the last


   assessment for State and county taxes, previous to the incurring of


   such indebtedness; and all bonds or obligations, in excess of such


   amount, given by such corporations, shall be void: Provided, That in


   time of war, foreign invasion, or other great public calamity, on


   petition of a majority of the property owners in number and value,


   within the limits of such corporation, the public authorities in their


   discretion, may incur obligation necessary for the public protection


   and defense to such amount as may be requested in such petition.


  


    (History: As Amended March 14, 1881).


 


This would be a joke if it weren’t so sad.  The phrase, “to an amount, in the aggregate,” apparently has no meaning to the increasing number of bureaucracies, each of whom believe they’re entitled to encumber taxpayers with their own 2% debt load.  Well, such obligations are void, and I would be quick to act on this.  Day one.


   


ARTICLE 14. Boundaries


 


  Section 1. Boundaries of state established


 


   Section 1. In order that the boundaries of the State may be known and


   established, it is hereby ordained and declared, that the State of


   Indiana is bounded, on the East, by the meridian line, which forms the


   western boundary of the State of Ohio; on the South, by the Ohio


   river, from the mouth of the Great Miami river to the mouth of the


   Wabash river; on the West, by a line drawn along the middle of the


   Wabash river, from its mouth to a point where a due north line, drawn


   from the town of Vincennes, would last touch the north-western shore


   of said Wabash river; and, thence, by a due north line, until the same


   shall intersect an east and west line, drawn through a point ten miles


   north of the southern extreme of Lake Michigan; on the North, by said


   east and west line, until the same shall intersect the first mentioned


   meridian line, which forms the western boundary of the State of Ohio.


  


  Section 2. Jurisdiction and sovereignty


 


   Section 2. The State of Indiana shall possess jurisdiction and


   sovereignty co-extensive with the boundaries declared in the preceding


   section; and shall have concurrent jurisdiction, in civil and criminal


   cases, with the State of Kentucky on the Ohio river, and with the


   State of Illinois on the Wabash river. so far as said rivers form the


   common boundary between this State and said States respectively.


  


ARTICLE 15. Miscellaneous


 


  Section 1. Nonconstitutional officers; appointment


 


   Section 1. All officers, whose appointment is not otherwise provided


   for in this Constitution, shall be chosen in such manner as now is, or


   hereafter may be, prescribed by law.


  


Nonconstitutional officers may be chosen, but their powers still must fall within the limitations herein granted.


 


  Section 2. Term of office


 


   Section 2. When the duration of any office is not provided for by this


   Constitution, it may be declared by law; and, if not so declared, such


   office shall be held during the pleasure of the authority making the


   appointment. But the General Assembly shall not create any office, the


   tenure of which shall be longer than four years.


  


  Section 3. Holding over of office pending successor Section 3.


 


   Whenever it is provided in this Constitution, or in any law which may


   be hereafter passed, that any officer, other than a member of the


   General Assembly, shall hold his office for any given term, the same


   shall be construed to mean, that such officer shall hold his office


   for such term, and until his successor shall have been elected and


   qualified.


  


  Section 4. Oath or affirmation of office


 


   Section 4. Every person elected or appointed to any office under this


   Constitution, shall, before entering on the duties thereof, take an


   oath or affirmation, to support the Constitution of this State, and of


   the United States, and also an oath of office.


  


“…take an oath or affirmation, to support the Constitution of this State, and of


the United States…”  I’d be the first Governor to honor this oath in a very, very long time.  Please look again at the preceding.  The oath is to both state and federal constitutions.  This is no typo.  It is serious and very important.  To the state’s chief Executive, the phrase “to support” does not mean wave pom-poms and throw confetti.  It means to defend, enforce, to execute as law.


 


  Section 5. Seal of state


 


   Section 5. There shall be a Seal of State, kept by the Governor for


   official purposes, which shall be called the Seal of the State of


   Indiana.


  


  Section 6. Commission issued by state


 


   Section 6. All commissions shall issue in the name of the State, shall


   be signed by the Governor, sealed with the State Seal, and attested by


   the Secretary of State.


  


  Section 7. Areas of counties


 


   Section 7. No county shall be reduced to an area less than four


   hundred square miles; nor shall any county, under that area, be


   further reduced.


  


  Section 8. Repealed


 


   (Repealed November 8, 1988.)


  


  Section 9. State grounds in Indianapolis


 


   Section 9. The following grounds owned by the State in Indianapolis,


   namely: the State House Square, the Governor’s Circle, and so much of


   out-lot numbered one hundred and forty-seven, as lies north of the arm


   of the Central Canal, shall not be sold or leased.


  


  Section 10. Tippecanoe Battle Ground


 


   Section 10. It shall be the duty of the General Assembly, to provide


   for the permanent enclosure and preservation of the Tippecanoe Battle


   Ground.


  


ARTICLE 16. Amendments


 


  Section 1. Constitutional amendments; procedure


 


   Section 1. Any amendment or amendments to this Constitution, may be


   proposed in either branch of the General Assembly; and, if the same


   shall be agreed to by a majority of the members elected to each of the


   two houses, such proposed amendment or amendments shall, with the yeas


   and nays thereon, be entered on their journals, and referred to the


   General Assembly to be chosen at the next general election; and if, in


   the General Assembly so next chosen, such proposed amendment or


   amendments shall be agreed to by a majority of all the members elected


   to each House, then it shall be the duty of the General Assembly to


   submit such amendment or amendments to the electors of the State; and


   if a majority of said electors shall ratify the same, such amendment


   or amendments shall become a part of this Constitution.


 


Should God choose to put me in the Governor’s office, I would put legislators on notice as soon as possible after I take the oath “to support the Constitution of this State, and of the United States”…as written.  I will enforce the constitutions as written.  Indiana legislators can amend the Indiana Constitution, but it will be enforced as written.  No more, no less.  No fudging or cheating.  No more of that.


  


  Section 2. Multiple amendments; separate vote


 


   Section 2. If two or more amendments shall be submitted at the same


   time, they shall be submitted in such manner that the electors shall


   vote for or against each of such amendments separately.


  


    (History: As Amended November 8, 1966).


   


SCHEDULE


 


   Whenever a portion of the citizens of the counties of Perry and


   Spencer, shall deem it expedient to form, of the contiguous territory


   of said counties, a new County, it shall be the duty of those


   interested in the organization of such new county, to lay off the


   same, by proper metes and bounds, of equal portions as nearly as


   practicable, not to exceed one-third of the territory of each of said


   counties. The proposal to create such new county shall be submitted to


   the voters of said counties, at a general election, in such manner as


   shall be prescribed by law. And if a majority of all the votes given


   at said election, shall be in favor of the organization of said new


   county, it shall be the duty of the General Assembly to organize the


   same, out of the territory thus designated.


  


   The General Assembly may alter or amend the charter of Clarksville,


   and make such regulations as may be necessary for carrying into effect


   the objects contemplated in granting the same; and the funds belonging


   to said town shall be applied. according to the intention of the


   grantor.


  


    (History: As Amended November 6, 1984).


 


I’m guessing that if you’ve read this far, you never found anything granting the state any authority over drivers, over businesses (in licensure, rules, etc.) or individuals (our consumer choices, property, behaviors) that amount to so much cost, hassle and lost liberties as we now endure.  You may have been surprised by the detail in matters of school funding or banking policy…but there is no mention at all of DCS or roadblocks or wiretapping.  There is a reason for that.  Such powers are prohibited.  Whatever is not specifically granted is completely denied.


So, your money is taken for spending never allowed by the preceding constitution.  Your rights are taken without any legal basis at all.  Most of what government does to us is illegal.  That is crime committed against you, the State of Indiana, the nation of the United States of America, and against the ideology and wisdom of our wisest predecessors.


All of that would stop should you choose to enforce the constitutions and Rule of Law for which so many Americans fought and died. 


If you choose to vote for any other candidate, you will not get the benefits of law and order under this constitution.  That is fact.  If you vote for me, you would at least have a chance to live under the constitutions, with the peace, prosperity and liberty proven to follow. 


It is your choice.  Choose wisely.


 


 

Give me reason to hope…please!

I first started proposing property tax repeal and serious government reform about twelve years ago, and never stopped.  For several months before last summer’s July 4 property tax protest I held press conferences (like this one for an Indiana Fair Tax) proposing a workable replacement for property tax.  So I suppose I should be happy that so many folks started demanding changes…and got some.  But I’m not happy about what we got.  I’m not happy at all.

I don’t expect more from career politicians, mind you.  They do what comes natural to them.  In fact I suspect that Governor Daniels really meant well.  But he’s a career politician trained in law; he’s unable to do what’s right.  After all, lawyers are to law what fireman are to fire. 

Several other politicians involved in this proposal also meant well, I am certain.  But they will never, ever accept the just limitations of power imposed by our constitution.  If citizens don’t hold them to constitutions, if we do not snap that leash onto them, they’ll not do what’s right, legal, and proven to work.

It’s frustrating that we keep voting for these political creatures and their certain result.  It’s disheartening that we keep tolerating what they do to us.  Over and over and over again.  I’m getting really, really depressed.

The “tax reform” just passed is taking us further and faster into the wrong direction.  By proposing we amend the constitution that politicians flout, they insult and harm us greatly…and few of us even know it.  And if the Kernan-Shepard Commission gets its way (I actually heard a news pundit say it’s the only way to make the tax reform work), we’ll funnel still more power into fewer hands on the theory that such “streamlining” will save money in government the way “consolidation” saved money in schools.

You know how this will turn out, right?  You know the history of massive power in few human hands, right?

My appeals for restoration of the Indiana Constitution have been printed and broadcast in several ways and places; in newspapers across the state, in the Indiana Policy Review Journal, and on this blog.  Lots of people have heard/read these, and no one has presented any serious argument against them.

Why is it so hard for us to ask for what we really need?  Why do we keep nibbling at the fast-growing branches of our problem when we’re running out of time to strike the root? 

Do we really think that failure is not an option?  Do we really think we can keep heading in this direction forever? 

If somebody sees a silver lining, a ray of hope, a life raft or even a distant speck of light in any of this, please let me know at once.  I’d really like to hope that we’re not swirling toward the drainpipes…

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