As my long-term readers might remember, I was working on a series on the Death of the Republic. I’ve let that lapse, though I will likely return to it in the future. It’s hard to write at times about the rotten, stinking corpse of the Republic, seeing how far we have fallen. Even so, I keep wondering if it can be restored.
Firstly, we must address what it means to ‘restore’ the Republic and how a restored Republic would function. What I mean by this is a government that properly reflects the Founders’ vision of self-government where local and state governments are paramount and the national government limits itself to matters of foreign policy, foreign trade, fielding a military, immigration and customs. In other words, the things specifically delegated to the national government by the Constitution.
The Constitution created significant checks and balances, not just in the tripartite national government, but between the national and state government and between the state and the people as well. Foolish progressive experiments have pushed us away from a Republic and destroyed true checks and balances. Abuses by state and national prosecutors, aided and abetted by state and national judges, have destroyed the checks and balances of the jury system. Fixing some of these is simply a matter of will, fixing others requires restoring the Constitutional balances by repealing the failed progressive amendments, namely the 16th and 17th as well as rejecting a significant amount of case law that redefines the meaning of sections of the Constitution to be completely changed from the spirit and intent. This article will address the constitutional changes. Future articles will delve into other areas.
Although not at the top of the news—or the bottom, in most cases—the biggest Federal power grab from the states is through Unfunded Mandates. Unfunded Mandates are policies, procedures and regulations imposed on the states by the national government without funding being provided. Think “No Child Left Behind” and Medicaid. They force states to collect taxes to implement nationally imposed programs, allowing Washington politicians to take credit for programs while not having to fund them. In the system envisioned by the Founders, no such programs would ever have passed the Congress. None.
Why am I so sure of this? Because no Senator would ever have been reappointed by a state legislature if they agreed to an unfunded mandate. Progressives knew this, and knew they needed to destroy the power of states to resist the federal government. They accomplished this goal by passing the 17th Amendment. In one simple act, the power of the states was destroyed. Since the legislature no longer controlled the appointment of senators, senators were free to ignore the best interest of their state, free to ignore the wishes of the state legislature and were now subject to pressure from interests outside the state. Because of this, the US Senate has gone from being a place of serious debate and a protection for the states to a populist body that seeks to increase federal power. Exactly the opposite of what the Framers intended.
You see, the House of Representatives was meant to be the raucous, wild, uncontrollably populist branch, elected every 2 years, en masse, to blow with popular opinion. The Senate, elected by the legislature in rotating groups of 1/3 every 2 years, was meant to be stable, unaffected by populist whim and provide a firewall against both federal encroachment and populist sentiment. The progressives willingly and intentionally destroyed it to move their agenda forward, caring not a bit for the checks and balances that blocked their attempts to remake the US into a centralized democracy.
Of course, empowering the government by disenfranchising the states was only half the battle. Somehow thees grandiose ideas had to be funded. The other shoe had already dropped—the 16th Amendment had granted the national government the right to tax individual citizens of the states. This provided a way for Washington to directly and powerfully control, direct and manage the lives of individual citizens—a notion that was foreign to the Framers. The Anti-Federalists predicted this development, but lost the argument. Even the Bill of Rights failed to prevent this kind of encroachment.
A further development, also pushed by the progressives, was to force the states to implement ‘democratic’ reforms (despite the Constitution requiring the federal government to guarantee ‘republican’ forms of state government) in the states. With the slogan “One person, one vote” they used the courts to force states to elect state Senators by population, rather than by county. This destroyed the balance of power in states between cities, suburbs, towns, villages and rural areas. In Illinois, Chicago controls the entire state and despite the “One person, one vote” slogan used to create this situation, effectively disenfranchises anyone outside of the 6 county area (Cook, Du Page, Lake, Kane, Kendall, Will). Illinois is a disaster economically, politically and financially. 4 of the last 9 governors went to federal prison. The state is effectively bankrupt. There are no effective checks on the state government—not even federal prosecutors. California is similarly situated (though minus the imprisoned governors). Taxes are raised, even more money is spent and the states spiral into bankruptcy (though no provision of the US Bankruptcy code allows a state to actually go bankrupt).
Fixing this is fairly simple in theory, very difficult in practice. Repealing the 17th Amendment (and tweaking the original rules slightly) would be difficult at best. The rallying cry of “they want to take your vote away” would be hard to overcome, even though it is likely in the best interest of the majority of voters in each state to give up their vote for Senator. They would regain a measure of control of their lives and have an easier time effecting change since they would only need to replace their state legislature, something they are in complete control of (unlike the US Senate or House where they have little chance of effecting true change). The minor tweaks are that the State House of Representatives has 10 days to elect a new Senator after a vacancy, and up to 10 days before a term expires to elect a successor. If a vacancy is not filled in those periods, the governor appoints a Senator (and no consent is necessary from the legislature) to serve until the State House of Representatives acts. Upon their act, their elected Senator immediately takes office. This ensures timely action by the legislature to protect their prerogative. It ensures that the state will be represented by giving the governor the power to make an interim appointment until the legislature acts if they have not done so within the time-frame specified.
An outright repeal of the 16th Amendment would create an immediate, massive shortfall in federal funds. As such, it is pragmatically, economically and financially impractical. Too much of the current financial system relies on US government instruments, US government spending and too many people rely on transfer payments. Utter chaos would result. Some might argue that this is preferable, equivalent to ripping off a sticking plaster. I don’t agree—that “cure” would very likely result in dictatorship, war, famine and mass death.
Perhaps the best approach is to apply a gross receipts tax on all businesses with exceptions nor deductions and eliminate the personal income tax completely. A tax of 13% would raise in the neighborhood of $4 trillion (about what the US Budget was for 2012), assuming that US Gross Receipts are about $30 trillion (estimated by the US Census Bureau). Since we want to cut the federal government, set the rate at 7%. The government has to cover anything it wants to spend from this tax plus excise taxes and duties. That still leaves the Federal Government with $2 trillion to spend.
This about this-no personal income tax. No social security tax. No Medicare tax. Corporate taxes would be a simple one-page document stating income. The amount of time and money saved would be immense. The IRS would become a tiny shell simply processing monthly receipts and reports from business. I acknowledge that these taxes very probably would be passed on to consumers, but I think the end result would be a major benefit to the economy.
Finally, to prevent a repeat of courts interfering with republican forms of government, an amendment guaranteeing the states the right to draw districts for Senators based on, for example, counties. A statement that no state could be deprived of this right without the consent of its legislature would be needed as well (similar to the statement the no state can be deprived of equal representation in the US Senate without its consent).
These measures, repeal and/or modification of the 16th and 17th Amendments, as well as a return to prior methods of electing State Senators would go a long way to restoring the balance of power between the States and the national government.
In Part 2, I’ll discuss restoring the balance of power between the people and the government. In Part 3, we’ll cover restoring the meaning of the “interstate commerce clause”. Part 4 will tie it all together.