Constitutional rule of law is Intelligent Design.

Constitutional rule of law is not about procedures.  It’s Intelligent Design.

I wrote the following for the Indiana Policy Review.  It’s in their Summer Journal I’m posting it here partly because the gob-smacking ignorance on display for the upcoming Presidential election is so culturally, economically, physically and spiritually destructive that I fear we are doomed.  Here is my cry for help, and an offered solution.

Orwell was right.  “Every generation imagines itself to be more intelligent than the one that went before it, and wiser than the one that comes after it.”  So it’s natural that people today think our nation’s founders were not just slaveholders and sexists, but also idiots.

However, before we eliminate the Electoral College, grant illegal aliens the legal right to vote, lower the voting age again, try to push authoritarian socialism and global domination as good ideas, erase our history and censor any alternative views, let’s humbly consider that human societies have a 100 percent eventual failure rate.  And perhaps we should review what each of our increasingly intelligent and decreasingly wise generations have already dismissed from the founders’ intents before we flush the rest.

The whole point of the state and federal constitutions was to keep government local, and keep it on a leash.  Voters were supposed to have all the information necessary to make wise choices, and those choices were to be in plain sight and locally accountable.  No secrets, no off-menu selections. Our founders almost universally feared the mob-thinking of democratic processes, and the inevitable centralization and concentration of power that would ensue should citizens be denied information or choices by a ruling elite.

Voting was never about hiring politicians.  Rulers hire themselves if you let them.  Our elections were intended as a means of peaceful revolution, so that we didn’t have to have the other kind again.  A vote is a weapon of self-gundefense, not a poker chip in a game of odds

Similarly, the early militia system, as opposed to a permanent professional standing army, was not only seen as the most potent self-defense, but also a deterrent to foreign war, since every voter would have to personally participate in any violence our government desired.  Only congress was empowered to declare war, because we could vote away the House reps every two years.  Senators were supposed to be appointed by the state legislatures as safeguards on state authority, and states controlled the militia until and unless an actual declaration of war was enacted.

This is important.  The U.S. Constitution’s Article 2, § 2:1: “The President shall be Commander in Chief . . . of the Militia of the several States, when called into the actual Service of the United States.”  And the President and militias were called into that service by only a congressional declaration of war. Until and unless that happened, Article 5, § 12 of the Indiana Constitution applied: “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.”

The GOVERNOR of the state is the CIC until the militias are federalized by a declaration of war…and that hasn’t happened since WWII. This is what the constitutions, state and federal, still say.

So we were to have a republic comprised of sovereign states and empowered individuals, not an almighty central government restrained only by majority votes, because as John Adams pointed out, “. . . democracy never lasts long. It soon wastes, exhausts, and murders itself.”

The Texas constitution’s Article I, § I says it well. “Texas is a free and independent State, subject only to the Constitution of the United States, and the maintenance of our free institutions and the perpetuity of the Union depend upon the preservation of the right of local self-government, unimpaired to all the States.”

But we significantly lost that republic during and after the Civil War, when many state constitutions were amended or newly drafted to transform them into administrative sub- units of Washington, D.C., or even worse.

This is from the Nevada State Constitution: “But the Paramount Allegiance of every citizen is due to the Federal Government in the exercise of all its Constitutional powers as the same have been or may be defined by the Supreme Court [my emphasis] of the United States; and no power exists in the people of this or any other State of the Federal Union to dissolve their connection therewith or perform any act tending to impair, subvert, or resist the Supreme Authority of the government of the United States. . . . and whensoever any portion of the States, or people thereof attempt to secede from the Federal Union, or forcibly resist the Execution of its laws, the Federal Government may, by warrant of the Constitution, employ armed force in compelling obedience to its Authority.”

That’s not Patrick Henry talking there.

We formally lost the citizen militia in 1903 with the Dick Act, which permanently and unconstitutionally “federalized” and renamed the militia. We lost the whole point of bicameral congress in 1913 with the 17th Amendment, when state governments lost their representatives in the federal government. By the 1930s, leaders as diverse as FDR, Prescott Bush, and W. E. B. DuBois heaped praise on the fascist despots of Italy and Germany, and made authoritarian National Socialism, “progressive.”

In 1947, the National Security Act created the Central Intelligence Agency, terminated constitutional declarations of war, and overturned most of the founders’ strongest protections against corruption and eternal warfare.

Also around that time and through the 1970s the rapid expansion of Primary Elections started legitimizing “Major Political Parties” as only two private clubs — the Democratic and Republican Parties.  All independent and so-called “Third Party” candidates faced increasingly difficult ballot access and election-related rules that didn’t apply to members of the favored clubs.

It was intended, and still in the written design, that VOTERS elect the electors of the Electoral College! (see Amendment XIV:2, second sentence, which includes a harsh penalty for states denying our right to choose!) And until the 1936 presidential election, the name of each presidential elector candidate appeared on the Indiana ballot.  However, the Indiana Code now prohibits the names of the presidential elector candidates from even being listed, let alone being chosen by those who’ll have to live with the results of the electors’ decision.  Only political parties and candidate committees can choose Indiana’s eleven electors. 

And since each state’s number of electors is derived from census numbers, you can see why many want to not only let illegal aliens vote, but also count all non-citizens as citizens in the census for the purpose of both more power in the U.S. House of Representatives, and more electors; like the generally misunderstood “three-fifths” rule that gave southern states unfair representation in the early U.S.

Many defenders of the Electoral College believe that this is the key purpose of the college — to give each state fair standing in presidential elections.  

But the true purpose is much further from the current collective mindset than even that. 

While under the banner of today’s “democracy,” the majority of votes or the greatest biomass of voters is seen as the equivalent of wisdom, presidential electors were intended to reduce the influence and unwise decisions of the most ultimately powerful, but fickle and uninformed body politic — average voters.

Electors, particularly what we now call “faithless electors,” have the power to, in essence, veto voters. They can, if faced with a lying, immoral and corrupt candidate, choose somebody else to save us all from a tragic mistake made by voters.

By definition, of course (I’m not making this up to be mean), half of us are below-average intelligence, wisdom and knowledge, with many others comprising the majority probably misinformed, and unlikely to make the best choices for the most powerful single person in U.S. government.

Ouch. That sounds pretty insulting to modern ears, no doubt. But judging by our debts, endless wars, increasingly hostile internecine and tribal divisions, and obviously destructive corruption and espionage, maybe the founders weren’t the idiots.

I’m pleased that our young have mostly stopped eating Tide Pods. We can learn.

I suggest we learn what earlier generations considered intelligent, and wise, and put those lessons to work.

The constitutions, state and federal, as imperfect as they may be, are not about procedural minutiae, or partisan games. They are the practical design for individual freedom, security and prosperity, proven to be better than anything any nation had signed into law before or since.  Our current events prove that our founders, however flawed as people, were far more prescient, intelligent and wise, than wrong.

 

 

The Truth about $#!+holes, and the people thereof

We’ve got “immigration” all wrong

I’m not an “open borders” libertarian.  And borderless anarchy isn’t possible with humans (see I Samuel 8:6-20).  So at least for some degree of control over communicable disease (we’ve been lucky so far), human trafficking, etc., we need to have some border security.  If you allow that you’ve got a political government, and other states/nations have theirs as well, there have to be borders and jurisdictional limits to politicians’ rules.  And I’m more about actual law and order than 99.999873% of the planet. 

So don’t get me wrong.

But our current problems aren’t with illegal aliens, immigrants, or any of the laws and policies thereof.

  1. We are luring illegal aliens here with free stuff. Free healthcare. Free education. Special rights, privileges and immunities unavailable to even legal citizens.  There are lots of reasons why we’re doing it…but I propose we stop doing this.
  2. We’ve made “legal” labor so expensive, complicated, legalistic and impractical that “illegal” labor is a very attractive option, or sometimes the only workable option.  I propose we reverse this.
  3. We’ve been tormenting and destroying other nations with our “War On Drugs”, CIA crime rings and coups, oppressive policies/embargoes and direct attacks, such that We The People have, both directly and indirectly, made some $#!+holes that don’t need to be $#!+holes.  In other words, we’ve made other people’s countries practically uninhabitable, driving them here for survival.  I propose we stop doing all this.
  4. Our ever-changing, unpredictable and absurdly unfair immigration laws and policies force illegal aliens to lay low, force employers to keep secrets and break laws, and generally force the realities of illegal aliens under the rug.  I propose we make our immigration laws and policies fair, consistent, and focused on our domestic security, health and interests…and then just enforce them!
  5. Do you know how hard it is for potential immigrants to get visas?  Pretty much impossible.  So smugglers make a great business getting tens of thousands of dollars for every person they get to the border illegally.  But if it were easier/possible to get visas, then the sort of people we want here, the ones who’re desperately wanting to build a better life for themselves and their loved ones, could hop a plane for tens of thousands less, go through controlled checkpoints with drug sniffing dogs and people wearing blue gloves, and go legitI propose we make it much easier and cheaper to come here the right way.  That’d welcome the good folks and put the squeeze on only the bad ones.
  6. There actually is, since the 14th Amendment, a constitutional stipulation that anyone born in the USA is automatically a USA citizen.  “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.”  So, really, there’s a powerful incentive for pregnant women to dive over the national goal posts to deliver a baby in the citizen end-zone.  It’s not their fault if they succeed.  However…  Think about how the rules of monitoring “documented” citizens and trans-border “security” would be enforced.  Given the sort of nazi/commies we continuously re-elect, this could get really ugly.  “Your papers please” is already a problem.  Spying on us all is already a thing.
  7. Besides…if you know you live in a $#!+hole, can’t make it better, and want a better life for you and your loved ones, you’d be a fool not to find a way here, where you’ll find life better than you’ve ever known. Right?  Wouldn’t you do the same?

The first four bullets above exist only in breach of the federal constitution.  In other words, those problems would be solved if all we did was affirm and enforce the Constitution for The United States of America against our government. 

In other words, if we’d just quit making “legal” labor so costly, quit making illegal entry the only door, quit giving away freebies to illegal aliens, and stop messing up other countries, we’d not likely even talk about a wall. 

In fact if we were to just DO the constitutions, state and federal, as written and amended, we’d not likely be constantly fiddling with our immigration laws, and we might even legally, legitimately welcome people looking for a better life as our friends, coworkers and neighbors.

While The US of A is no longer the freest, wealthiest or healthiest nation on earth, we are among the most accommodating to foreigners.

Is that really a bad thing? We can discuss that.  LadySomethingOrOther

Of course, if you’re one of those “‘Merica – Love it or Leave it!” people, you’ve got a little ‘splaining to do…

Sure, there are the “Reconquistas,” the criminals, the terrorists. But their numbers are tiny compared to the home-grown murderers, rapists and thieves (even outside the DC beltway); and their numbers are tiny compared to the regular human beings trying to do better for themselves and their loved ones.  They didn’t love what became of their country, and they left it.

The discussion we’ve been having over illegal aliens in major media and political discussions is stupid. We play word games, divide ourselves against ourselves, and place blame and propose punishment for our screw-ups on people who’re doing the best they can to get by in a world gone mad.

Think of the people you know that annoy or plague you the most. Think of the worst people you can think of. Are they immigrants? Illegal aliens?

Probably not.  Illegal aliens actually comprise a much lower per-capita percentage of crimes and criminals than native-born citizens represent.  Most don’t want trouble.  Most just want a better life than they had, and they get it here. 

So, let’s try to think both in context of reality, but also think as if we’re all just humans trying to do our best. OK?

Liberty or Bust!

###

Rule of Law Reboot

What follows is a resolution that’d be a good first step to a better course for our nation.
If elected to congress, I’d introduce it immediately.
But don’t wait for me…please feel free to send this to your representatives in local, state or federal office.
PLEASE do this or something like it!
I’d of course prefer that this be passed as a Bill or Joint Resolution.  But even as a Concurrent or Simple Resolution, it’d open a discussion on what sort of nation we’re to be; a nation with governed government, or a great big crime syndicate:

Whereas the plain wording of the 10th Amendment to the Constitution for the United States of America is binding law;

Be it resolved that;

No federal law, agency, program or international treaty that depends upon authority not specifically granted by the Constitution for the United States of America shall be valid;

Any federal agency, law,  program or international treaty transcending authority specifically granted by the Constitution for the United States of America is null and void;

Unconstitutional laws, agencies, programs and treaties have created both problems and dependencies that will take time to rectify;

All unconstitutional federal powers, delegations, laws, programs, treaties and entities that cannot be immediately nullified must be phased out within no more than ten years.

 

cropped-youAn Indiana/local version of this could be (SOMEBODY PLEASE INTRODUCE THIS HERE IN INDIANA!):

Whereas the plain wording of the 10th Amendment to the Constitution for the United States of America, and Article I Section 25 of the Indiana Constitution is binding law;

Be it resolved that;

No federal or state law, agency, program or international treaty that depends upon authority not specifically granted by the Constitution for the United States of America  or the Constitution of the State of Indiana shall be valid;

Any federal or state agency, law,  program or international treaty transcending authority specifically granted by the Constitution for the United States of America is null and void;

Unconstitutional laws, agencies, programs and treaties have created both problems and dependencies that will take time to rectify;

All unconstitutional governing powers, delegations, laws, programs, treaties and entities that cannot be immediately nullified must be phased out within no more than ten years.

BattleofLongisland

Your vote’s not a poker chip; it’s weapon.

Updated Annotations to the US Constitution

Sorry it’s been so long since I’ve edited this…
https://wedeclare.files.wordpress.com/2016/03/annotated-usa-constitution.pdf 

Click to access annotated-usa-constitution.pdf

Do you really want to live like this?

According to our Declaration of Independence, governments derive “…their just powers from the consent of the governed.”  But as demonstrated in the Middle East today, all government powers, just or unjust, are by consent of the governed; and that consent can be withdrawn from even the most oppressive dictators.

…Or one despot can be replaced with a worse one.  It’s a public choice.

So the problem with despotism is never really the despot.  The problem is that for every despot there is a majority of citizens who empowered that despot.  Stalin, Hitler, Mao, Caligula and countless others didn’t kill hundreds of millions by themselves, you know.   Do not fool yourself; people like Kim Jong Il, Charles Taylor, Hirohito, Mugabe, Quadhafi, Nebuchadnezzar II, Nero or even Vlad the Impaler are everywhere and always among us.  They are nobody special by themselves.

Here in the USA, we can conveniently, painlessly choose how we are to live.  Deny it or not, we have exactly what the majority of us have freely chosen.  We may say we want change, but we vote for mostly elites and incumbents from only two private clubs (the D and R parties).  We may say we don’t like the corruption and money in politics, but less than 10% of us ever vote for anything else.  Many dictators of the past century, including Benito Mussolini, were elected by people just like us.

So consider what we’ve chosen.  We’ve not had even a year’s peace since the War to End All Wars.  The Home of The Brave has sacrificed freedom for empty promises of security.  The Land of The Free has the world’s highest percentage of citizens in prison.  We really do tax people out of their homes to pay for homelessness programs; and we tax, regulate and litigate away businesses to stimulate the economy.  We guard borders everywhere in the world except at home.  For the first time ever, we’re working longer hours, taking fewer vacations, spending less time with our kids, and living more poorly than the previous generation.  The rules we must live by are unknowable and ever-changing – law has now become little more than incantations, as high priests of law in grand courts decree, apparently on whim, how things are to be.

Are you happy with this?  Is this how you want to live?

Humans can learn.  When we want something, we know all about our choices of material, spice, color, flavor, engine size, craftsmanship, price or caliber.  We spend crazy amounts of time on sports, or on romance novels.  I know people who can tell you the vertical jump height of their favorite basketball stars, or can detail Oprah’s diet ups and downs.

But by what I’ve personally seen in tens of thousands of average voters, We The People apparently don’t care about the injustice and madness we’ve chosen to make of our lives.  We know less about those we’ve chosen to lord over us than we know about movie stars.  We certainly don’t know anything about our state and federal constitutions.

Despite what we may say, our VOTES say that we want unaccountable people of status and money to tell us what to do.  Our behavior in the voting booth is beckoning a dictator.  I believe we’re going to get one soon.

May I make a request?  I’d like for you to read your state and federal constitutions and see what we’ve thrown away…and could have back anytime we choose.  They are still law, though we act otherwise.  They would still work better than anything else ever tried, if we’d only try them. If you’ve taken the hour or so it takes to read the federal constitution, you already know that federal government should be invisible to almost all of us almost all the time.  The Indiana constitution is the contract most relevant to Hoosier life.  It’s a longer read, more messed-up over time, but still not terribly long or complicated.  Both comprise rules of life that are few enough to know, simple enough to understand, and important enough that everybody should obey them without exception, all the time. 

The freer life these contracts describe is simpler, safer, and in every way better than the politicized lives we’re living now.

You can read these constitutions (with my annotations)here: https://wedeclare.files.wordpress.com/2016/03/annotated-usa-constitution.pdf https://wedeclare.files.wordpress.com/2016/03/indiana-constitution-book.pdf

Please ask other people to read them too.  If you know somebody who wants to read them, and has no internet access, and you’re too cheap to print them out yourself, then contact me at thefreedomfarm@gmail.com, and I’ll get you copies. Yes; it’s that important to me.

I have to live here too…

 

Andy’s Annotated US Constitution

With all the disinformation and historical revisionism buzzing like flies on politics (even with the “Tea Party” as much as anywhere else), I just had to present what I believe to be the facts.

So here’s an annotated USA constitution again: https://wedeclare.files.wordpress.com/2016/03/annotated-usa-constitution.pdf

IPR SERIES | A Tea Party Primer for July 4

If you’re in Indiana, please ask your local paper to print this…

IPR SERIES | A Tea Party Primer for July 4

via IPR SERIES | A Tea Party Primer for July 4.

Of course, if you’re not in Indiana, you should tell your local paper to at least read it.  The Rule of Law is Law everywhere in the USA, and we seem to have forgotten this to our dismay.

And the Immigration column is appropriate all across the country; particularly in Arizona and Texas right now…

Summer 2010 Indiana Policy Review

Here’s the latest Indiana Policy Review summer 2010 journal – “A Tea Party Primer.”  Please pass it on to everybody you know.  Tell them to pass it on to everybody they know.

Etc.

It’s now or never, my friends…

Here’s one last column before I take down this site:

I have never believed in the Easter Bunny, Santa Claus, or that creepy Tooth Fairy thing. 

But that doesn’t mean that I haven’t nurtured other baseless, nutty beliefs until some painful paroxysm jolted me awake. 

Many years ago, under horrible personal circumstances, I endured the same spiritual upheaval you’re feeling right now.  Just as with you, my religion turned out to be a big lie.  My false god turned against me, just as it’s turning against you now.  So like you, I can no longer believe in the charity, peace and love of …politicians. 

While initially painful, there is relief in this truth that sets you free. 

But there’s another problem.  Nobody alive remembers how liberty works.  We cannot imagine how schools, roads jobs, healthcare, or food ever existed without a political genesis, subsequent bailouts, lawsuits and bipartisan bickering.  Only if you’re over 100 years old did you even exist when there was such a thing as a free market; with all the innovation, competition and rapid advancement that entails.

So as we endure the agony of Change that’s not working, we must thoughtfully prepare a better way forward.  I suggest we first retrieve what we’ve lost from the past.

All federal authority is still clearly written into the Constitution for the United States of America (Article I, Section 8; Article II, Sections 2-4; Article III), which you could read in just a few minutes.  All other powers are still very clearly denied by one short sentence (Amendment 10).  Similarly, all Indiana government powers are spelled out in the Indiana Constitution, while every other conceivable power is still denied by a single sentence (Article I, Section 25).

No state or federal constitution was ever amended, altered or suspended to authorize most of what governments now do to citizens.  Nullification of anything unconstitutional is already law at every level of government in the republic.  So we have the right, the power, and the duty, to tell politicians to back off; all the way back to the constitutions.

Here’s a summary of what that means:

  1. Citizens can do whatever they want to as long as they don’t harm anybody else, or take what’s not theirs.
  2. We’d have no more government than necessary to maintain #1
  3. We invite others around the world to emulate our success, but otherwise leave them the heck alone.
  4. Your major civic duty is to disobey, invalidate and otherwise eliminate all unconstitutional taxes, mandates, organizations and agents.  Yes, civil disobedience is a duty. 

So caveat emptor would replace the FDA, FTC, FDIC, FCC and a zillion other F’agencies.  Common sense, family ties, competition, voluntary associations, charity and free market options galore would replace union/corporate monstrosities, Medicare, Social Security, lobbyists, regulations, litigation and price controls.  And because of the preceding, you get to keep what you earn, buy what you like (smoke it if you’re fool enough – and as long as you don’t blow it in my face), and live however and with whomever you want…as long as you leave others, and their stuff, alone.

No federal tooth fairies, no President coming down the chimney with presents, no more bogus political promises; just a reality proven to work better than anything else ever tried.

That may not be a Square Deal or a New Deal.  But it’s a fair deal, which makes it the best deal in all of human history. 

Can you live with that? 

People used to call that “freedom.”

And they liked it.