Diary

A few common sense amendments [or legislation]

Amendment ideas – all really great, I’m especially like what I came up with for, well, all of them

Amendment next: [Commerce clause clarified] Congress will pass no law requiring any citizen to purchase insurance or any other thing tangible or intangible.

Amendment next: [Term limits for senators and representatives] Members of the senate will be limited to not more than 2 terms. Members of the house of representatives will be limited to not more than 5 terms.

Amendment next: [Federal agencies have no legislative power] On a Federal/Nationwide level, all rules, laws, and/or regulations passed by any government agency that have not been specifically authorized by congressional legislation will be considered null and void unless and until such rules and/or regulations are re-authorized by congress and signed into law by the president or overridden by the current 2/3’s majority rule in both the Senate and the House of Representatives. All government agencies will be prohibited from enacting or even proposing rules and/or regulations.  This power will be fully and permanently restored to United States congress exclusively.

Amendment next [It’s a perfectly good idea for a bill, but an amendment is better]: [Limits on Presidential Executive orders] Any executive order that applies to anyone beyond the President and his/her cabinet will not become law until going through a vote by the Senate and the House of Representatives in which a majority of each concurs. The Senate and the House of Representatives must vote on any submitted executive orders within 10 calendar days. Any existing executive orders affecting anyone beyond the president and his/her cabinet will be declared null and void.

Amendment next: [Judicial authority limited and defined.  Good behavior clarified] The United States judicial branch will have their authority restricted to findings of fact, matters of law, and punishment for lawbreaking. No judge will have the authority to legislate from the bench and judicial powers must be restricted to interpretation of the law. The Supreme Court of the United States will have the power to rule a law to be violation of the constitution and declare it entirely outlawed, however no United States court [Federal, state, local, municipal, or any others within US jurisdiction] has authority to redefine a law or keep parts of a law in tact. If a rule, regulation, law, or anything else is against the the US Constitution than it will be deemed null and void by the finding of the Supreme Court of the United States. Judicial branch members must be well educated and be of high moral character. A judge who commits a high crime, is shown to be corrupt, who commits an act of moral turpitude, accepts a bribe, or who creates an injustice through an unjust ruling will be immediately disqualified from judicial and public office for the remainder of his or her life. A process must be established to have such a judge replaced with another qualified individual in a speedy manner.

Amendment next: [Balanced budget, responsible spending, congress accountable, punishment for the passing of an unconstitutional law, over taxation and baseline budgeting outlawed, wealth transfer outlawed, sale of existing excess Federal property to pay down the debt, Warchest fund established, IRS powers limited and defined] (has a nice ring to it, doesn’t it <G>)

Congress has a fiduciary responsibility to act in the best interest of the American citizenry when passing any bill, law, or resolution.

Fraud, waste, and abuse will apply to all levels of government.

The President, senators, representatives, their staffs, and all federal employees involved in such fraud, waste, or abuse will be held to account if funds are stolen, squandered, spent fraudulently, or otherwise abused subject to finding of fault and conviction in a court of law. Punishment for such fraud, waste, or abuse will be defined by the federal court that holds such a trial and will conform to existing statutes but in any case the punishment will not be for less than 1 year.

If an unconstitutional law is passed those responsible will be punished. This will be determined by a supreme court ruling declaring any law to be unconstitutional. Punishment for the passing of an unconstitutional law will be limited to expulsion from office of all senators and representatives who voted yea. They will be subject to nothing more than a lifetime ban from holding any office of public service or trust except in cases where criminal malfeasance [or worse] has been established. In which case they will be imprisoned to a term of not less than 1 year and not longer than their natural life depending upon existing sentencing guidelines and the severity of their crime(s).

The government is not entitled to ownership of anything beyond the existing public property it owns, however new property  may be purchased to fulfill the needful requirements of the constitution.  Such a purchase will be contingent upon the consent of the State, business, entity, or individual property owner in question as well as just compensation.  If consent is contested then side of the existing property owner(s) will be respected in all cases.

All money and property is defined as the property of its respective owners and the government is not entitled to any share of it except for income amounts legally taxed.

The Internal Revenue Service, hereafter referred to the IRS, will have its power limited to the following. Any existing tax law worded contrary to these defined powers will be declared null and void. The IRS is limited to collecting legally taxed income. Double taxation is prohibited so estate taxes, capital gains taxes, and any other taxes taken from income already taxed will be prohibited. If the IRS states that an audit is required, funds are to be sized, or that an individual owes more then they have paid they must build a case and show probable cause before an independent federal court of law before any levy or other collection can be attempted. Any existing IRS courts are to be abolished. Any existing IRS regulations not specifically enacted and voted for by the congress of the United States and signed for by the president or passed through a veto-proof majority are illegal and void and the tax code will be adjusted accordingly. For clarification congress will not create any other levy, fine, fee, tax, stipend, agency, or collection mechanism beyond the IRS in an attempt to get around these restrictions.

The US treasury will be defined as all money received and spent by all portions of the US government and is considered public property owned by the citizens of the United States. Specifically excluded from this ownership are The President, the senate, the house of representatives, and all other portions of the federal government.

The spending of the US treasury will be subject to continuous audit and civilian oversight which will be made available to the public with exceptions to spending that needs to be kept secret for national security reasons. That spending will be published in the form of a dollar amount only without specifics. All budgets will be balanced and spending will be based on receipts to the US government. The results of the audit will be published annually and made available to the public.

The practice of baseline budgeting will be outlawed. Baseline budgeting is defined as any budget or line item in which an automatic increase is built into the base of the spending.

Wealth transfers are to be permanently outlawed including, but not limited to, welfare, Medicare, Medicaid, food stamps, section 8 housing assistance, et al.  It is noted that a sudden halt to all benefits will cause upheaval so a one-time exception will be granted.  All current recipients are entitled to a one-time only payment of 3 years of benefits at once.  This lump sum payment can be put into an annuitized investment so regular benefits can continue to be drawn for 1-5 years or managed as recipients see fit.

All non-utilized and under-utilized Federal property will be sold to the public in an auction following passage of this amendment.  The auction will begin 90 days after the amendment has passed.  Bidding will be held open for 30 days and will be open to States, businesses, entities, and individuals.  Any amount bid must be held in an escrow accounts to ensure prompt payment.  Any non-winning bid will be promptly returned to it’s respective owner(s).  The bidding is only open to states, citizens, and business within the United States and her territories.  Any winning bids will be drawn from the escrow accounts and the full amount will immediately go towards paying down as much of the interest and principle of the Federal deficit as possible.  If the deficit is paid in full, any remaining funds will go into the Warchest fund.

Spending will never exceed income except in cases of war for the survival of the United States. Because the language war for survival of the United States is subject to abuse a war for survival of the United States will not be declared until after congress passes a majority resolution. It still will not pass until put to a vote by the people of the United States. This vote will be held within 30 days from the date of passage of such a resolution. It will not be valid unless voted upon and approved by 80% or more of electors in the same manner as presidential elections are decided. A declaration of war of survival must be renewed every 2 year election cycle by the same 80% majority of electors.

5% of all the receipts to the US Treasury will be invested and grown in safe, interest bearing accounts to be referred to as Warchest or another name as the Congress will dictate by law. Warchest is considered public property owned by the citizens of the United States. Specifically excluded from this ownership are The President, the Senate, the House of Representatives, and all other portions of the federal government. These funds will never diminish under any circumstances. In cases of any declared war by congress 80% of the interest earnings of these funds will be used towards the war effort. Funds in the Warchest will not be counted towards the payment of the US Treasury debt. The following language will not be construed to limit the powers of the Congress or the president to declare war, it simply limits the spending on such wars to fall within balanced budget guidelines.

The Federal Reserve will also be subject to continuous audit and civilian oversight. The results of the audit will be published annually and be made available to the public.

Over taxation is counter to the letter and the spirit of the constitution and will be outlawed. No Citizen, corporation, business, or other defined entity will be subject to a tax rate greater than 10% of earned income in any case.  Churches and charities will keep their existing tax exempt status and a mechanism will stay in place to allow new groups or churches to apply for tax exempt status.  Double taxation in any form will be outlawed.  This means that current estate taxes, capital gains taxes, or any other taxes which collect on income already taxed are outlawed.  Furthermore individuals will be allowed a poverty baseline exemption from taxation indexed to inflation so that no one will be taxed while earning their way to the poverty line.  Citizens or businesses who do not pay taxes will not be entitled to any refund whatsoever under any circumstances which will modify current tax law.

The debt of the US treasury will be paid in full no later than 30 years from the date of enactment of this amendment.  For clarification and to ensure the responsibilities of Congress are met, each year the deficit owed by the US Treasury will be 1/30 less than the full amount currently owed until the deficit is $0.00, however congress may quicken this pace with appropriate legislation. For clarification, congress will pass no law with spending defined outside the US treasury in an attempt to get around balancing the budget.

If the interest earned on the Warchest fund ever exceeds 125% of the annual federal budget, which is the stated goal, then all federal taxes will be outlawed. The fund will be renamed to the General Fund or another name as congress will by law determine.  If we ever build up enough wealth to make this possible then future federal budgets will be limited 80% of the interest earned on the General Fund account so that it will never be diminished and will always grow.