Technology versus Politics

Technology is marvelous. It tends to make things better, cheaper, more available. It tends to make people happy.

Politics, on the contrary, is the opposite of all the above.  The most exciting, promising technology turns divisive, corrupt, costly and deadly once politicians get their mitts on it.

We should never have let them monkey with our healthcare.  I’ve said so many times in the past (see links below), and I’ll keep saying so until we snap out of our stupor …or it comes crashing down around us (at which point I will say I Told You So).

So, let me offer just one, seemingly minor, even merely clerical reason, why your healthcare sucks.

It’s called ICD-10.

First of all, in my business of healthcare information/image technology, compliance with ICD-10 has been an enormous (i.e. expen$ive) undertaking. There are seven squillion, nine hundred and ninety three fillion codes (give or take) to correlate to software hooks and data. It has made the inherently complex business of making products for patient care even more complex.

The mass of codes and interrelations is certainly a hassle for the engineers making stuff to sell to doctors – presumably to make healthcare providers’ jobs easier (at increa$ed co$t, of cour$e).

But what does ICD-10 mean to doctors, patients and the tangle of insurance companies and taxpayers who ultimately pay for all this complexity?

Well, as of October 1, the wrong code can lead to not only a denied claim and/or months/years of costly hassle, but perhaps significant punishment (on basis of “Medicare Fraud” among other things too legally frightening to mention) for the doctor/institution as well.

Good, you say?

You want fewer mistakes in medicine.

Yes of course.  We all do.

Doctors must do better, certainly.  Prescription drugs, correctly taken, kill more people by far than do “illegal” drugs.  And hospital stays in general (with iatrogenic infections, drugs, mistakes, etc.) kill more Americans than everything but cancer and heart disease.

But what does “do better” mean?  And how do we help make that happen?

And how much arm-twisting, lawsuit-hurling, defrocking, fining and imprisoning force does it take to be helpful??

Let’s see how ICD-10 “helps.”

Let’s say a Farmer Andy comes to the Family Practice clinic with an infected wound that he’s not so sure he can explain. Stuff happens to farmers all the time, and he just can’t remember what this wound was from, initially. He’s always getting bangs and scrapes and cuts, after all.

(And let us be truthful. Andy is a terrible farmer. He’s mostly into quixotic politics)

So, what was the injury initiating this visit?

It’s legally critical we get this right!

Was it ICD-10 code W55.21, “Bitten by a cow,” or W61.33, “Pecked by a chicken?”

Was it when he became a V00.01 “Pedestrian on foot injured in a collision with roller skater?”
Come to think of it, he had been visiting his nephew in prison when that happened, which could add a Y92.147,“Courtyard of prison as the place of occurrence of the external cause.”

Does that qualify as a Z63.1, “Problems in relationship with in-laws?”

Anyway, the doctor knows it wasn’t Y92.253, “Hurt at the Opera,” since Farmer Andy hasn’t gone there since the last episode…(we mustn’t discuss it here.  That would be a violation of HIPAA rules which could lead to a revoked license and even prison).

Farmer Andy did mention (under his breath, seemingly ashamed) that it could have been an “Accident while knitting or crocheting,” which would be a Y93.D1.

The doctor hated to ask, but since he knew Andy and his family had been to Sea World, could Andy have been “Struck by Orca, initial encounter,” which would be a W56.22?

No, said Andy.  It certainly wouldn’t have been a Killer Whale, nor was it a strike.

There was perhaps that bite from a Sea Lion, Andy recalled.  Though it wasn’t the first time, or even the second time that had happened.

So that would be a W56.11XS “Sequela…Bitten by Sea Lion.”

Hmmm, the doctor thought. That would have a very specific look to it.  No; it must be something else.

The wound wouldn’t look like this if it were a V91.07 “Burn due to water-skis on fire,” certainly.  He’d seen plenty of those before.

And the doctor could tell just by looking at him that Farmer Andy hadn’t been “Sucked into jet engine,” or X52.

Or was he getting the codes wrong?


Wait…X52 is actually “Prolonged stay in weightless environment.”

Was it V95.40? No…that one is the rather vague, “Unspecified spacecraft accident injuring occupant.”

How about Y37.54?  (Doctor types in code and waits…it’s a big database)

When the doctor worked in the hospital, there was an entire department of people whose only job is to “do coding.”  Here in the clinic, they’ve got a part-time/outside IT department, and sometimes their network bogs down, and…
Oh, here it comes…

Oh heck no!  Y37.54 is “Military operation involving nuclear radiation effects of nuclear weapon.”  SMH, he thought.  He should’ve remembered this one from last week’s incident.

Ah, there it is…V97.33 is the sucked-into-jet-engine code.

Dang it, he has to remember that.  The CMS (Centers for Medicare & Medicaid Services) “ICD-10 Ombudsman” was fairly lenient last time.

He can’t afford to make that mistake again!

OK, I have a question for you.  Does the preceding strike you as the best way to improve healthcare delivery?


Now, codifying data is a great idea.  In the right hands and in the right way, when we’re ready (this is a key part), then having convenient, appropriate labels for all our data makes it easier to store, find, and use in a meaningful way.  And I’m even all in favor of people using ICD-10 exactly as it is…if they choose to.

Let me restate that.

If people trained in the care of patients, in their situation (hospital, clinic, private practice) find that using ICD-10 codes helps them treat patients, then great.  Excellent, even!

But that’s not how our $y$tem work$, is it?  It’s not up to the healthcare professional how things are billed and paid anymore.  It hasn’t been for many years now.  In the most practical $en$e, politicians are more involved in healthcare decisions than doctors are.  Doctors can bill for only what they can get paid for by people other than patients; and that is determined by politicians.  In this case, technology becomes more of a parasite than an aid.

As a true-free-market technology guy, that breaks my heart.

Just imagine you’re trying to sell something; a product you make, your old car, cookies at a bake sale…but bickering politicians, lawyers and lobbyists determined what you could charge for it.  Imagine they demand you buy some things, and don’t let you buy others…and that every political intervention not only directly affects your job…it substantially changes your job.

How would that work out in the real world?

And the way “meaningful use” and other “federal” requirements are being FORCED on healthcare providers is, at this state in our knowledge and technology, madness on top of even more madness (do I even need to mention Obamacare?).

To make matters worse, healthcare has been a union shop/monopoly for over a hundred years.  There can be no serious competition with what politicians and lobbyists call healthcare.

If the rest of our technology worked like this, we’d all be clacking away on Windows 3.1, at best.

There were smart people involved in the development of ICD codes.  Lots of them.  But their seemingly dedicated work was performed in disconnection from monetary, human and practical technology concerns.  It’s another good example, in fact, of such obsessive bureaucratic “paperwork” (albeit mostly without paper), that the recording and processing of all this data can and often does compromise patient care in ways analogous to the Observer Effect.

OK, so I have another question for you.

Should we let doctors, who go to school for many years and spend a lot of time in residency and continuous training, actually do the jobs they were trained to do, or should we continue to vote for ever-more intrusion into that profession by politicians, who don’t need any education or even interest in healthcare at all?

Well, please think on it.

It’s your money, your rights, your life and health at stake here, you know.…or-healthcare…choose-one/


Let’s chase the fox out of the henhouse

Please do me a favor and write letters to the editor, to your local radio and print broadcast, regarding a terrible, destructive, unconstitutional and criminal scam that’s been worsening for the past one hundred years.

The private clubs we call the Demoratic and Republican parties have, as you know, granted themselves special status, powers and advantages.  Taxpayers are forced to pay for political primaries that involve only Ds and Rs, and which give them a year’s head start in public attention, fundraising, and organization.  Only Ds and Rs can have Precinct Committeemen, people with many quasi-governmental powers, yet none of the restraints.  Only Ds and Rs can be on election-related committees – only they count the votes, make appointments and fill public office vacancies.  Only Ds and Rs can have electors, who really choose the President of the United States of America.

All that is immoral, unconstitutional, corrupt and destructive.

I’ve been advised that, while my case is rock solid on fact, merit and law, no court in Indiana, federal or state, would hear my case; at least not until there’s some public attention on this ongoing crime.  Without at least a little public attention, my suit would almost surely be immediately dismissed “with prejudice” as are so many other complaints against our rogue leaders.  So I take my case to you.

Please consider the gravity of my charges; and consider that you and your loved ones are also affected by our society’s worst, and potentially fatal problem.

If you’d like some supporting information to mull over, besides the links above, these might help:

I sincerely thank you in advance.

Liberty or Bust!

Andy Horning

Freedom, Indiana

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.


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.

Job Creationism debunked

All my bilious rumination against the media aside, I am pleased that the Indy Star printed what I’d submitted for their Voices pages:


Politicians tend to lie.  Citizens tend to believe.  The tragic, interminable history of what happens when governments go bad and citizens go silly is reason enough for a healthy condition of mistrust.  Governments are, at best, protection rackets.  They always extort some opportunity and wealth from citizens even when properly restrained to only protect our rights, property and life from others who’d take them away.  Government is a suppressive force, not a creative one.  So I’m sorry if this is news to you, but the political promise of “job creation,” is hogwash. 


A hundred years ago, there were no government “services” as we know them today, and government was leashed to solely a constitutionally limited, protective role.  Americans became the richest, freest and most secure people of all time because people naturally want to do well for themselves, and they were allowed to do just that. 


The genius of the founders was unequivocally proven.  Freedom works better than anything else ever tried.  That’s why it’s the law (see it in black and white at; it’s my Platform). 


But Americans fell for a “New Deal,” slowly devolving back to our brutish default of rulers versus ruled.  Government isn’t about protecting you anymore.  It’s about robbing Peter to pay Paul; with every election cycle merely an exercise to determine who’s Peter, and who gets to be Paul.  We’ve fallen so far toward this pre-Hammurabi authoritarianism that even the word “privatize” means the concentration of profits into the ruling class, while spreading their losses to you.  Now, if you make fat campaign donations and hire a lobbyist, you can live well on other people’s labor. 


This hurts Hoosiers more than most Americans.  Hoosiers once made 106% of the nation’s average salary, but we’ve lost twenty percent to that average in the past three decades.  Just in the last 4 years alone we’ve lost 72 electronics companies with over 11000 high-paying jobs; not to foreigners, but mostly to other rust-belt states.  These jobs have been only partly replaced by much lower-wage service industry jobs fueled by our political fixations on foreign corporations, sports and gambling.


So I’m running for the constitutional office of Indiana Governor because freedom is still the law.  I would govern government, not you.  I think it’s about time.


Prohibitions against firing bad workers increase resistance to hiring.  Such prohibitions are illegal, so I’d remove them and let the hiring begin.

Hiring illegal immigrants is attractive because doing so evades the mandatory costs of taxation, regulation, insurance, pensions and of course litigation.  I’d remove these illegal impediments to hiring Hoosiers, and bid illegal immigrants, ¡adios!

Because there are no impediments to buying foreign products made without our handicaps of taxation, regulation and litigation, we are competing against the world blindfolded with both hands tied behind our back.  I’d remove these illegal impediments too, and let prosperity happen.


I would massively cut taxation, regulation and litigation for everybody, not just for the elite.  Not only would businesses do better in Indiana, but so would the people that work for businesses.  Small businesses would no longer be at a disadvantage to the politically-connected corporate giants.  No more political class versus peons.  No more losing a home to property tax.  Everybody, including politicians, would be equal under the law.


Hoosiers would thrive because they could, and because they want to, and because nobody would stop them anymore.



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.





Approved in Convention at Indianapolis,

February 10, 1851

Adopted by the Electorate, effective November 1, 1851

As Amended through July 1, 1993




     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



   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



   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



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



“…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



    (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



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



  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,



  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


          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


          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,



  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



    (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



        (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



        (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



   (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



    (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



  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



    (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



   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



   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



   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



   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



   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



    (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,



  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


                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



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



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



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



  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



    (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



  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



  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



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).




   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



    (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.