Diary

More common sense legistation/amendment proposals

Amendment next [Authority to elect senators returned to state legislatures] The 17th amendment is repealed.  The election of state Senators is returned to the authority of home state legislatures.

Amendment next [Repeal of the 16th amendment.  Limits to prevent the abuse of an excise or impost] – The 16th Amendment is permanently repealed.  Congressional taxation authority will once again be restricted as follows.  Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common defense and promote the general welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States.  In any event no such tax may ever exceed 12% in relation to the market value of the object on which the tax, excise, duty, or impost is imposed.  All taxes will be subject to the oversight of the judiciary branch.  A finding of abuse of this authority by a court of law will invalidate any such tax, excise, duty or impost permanently.  Such a ruling may impose damages to reimburse those affected by an unjust tax, excise, duty, or impost.  To be clear congress may never again tax income or force an individual to purchase insurance or any other thing tangible or intangible.

The fact that the next idea is a lengthy as it is and that coming up with it took so LONG is a testament to how convoluted and far reaching entitlements have become.  They are immoral.  Every child is being born a slave YET AGAIN!!

Amendment next [Entitlement reform with accountability] – Money is currently taken from one group of Americans and given to another.  This is theft, immoral and against the letter and spirit of the constitution.  Double taxation and death taxes are immediately and permanently outlawed. Bailouts are permanently outlawed.  Baseline budgeting is permanently outlawed.  Future liabilities will be clearly published and included in the budget.

SNAP and all other forms of Federal assistance with the exceptions of social security, Medicaid, and Medicare will be funded by a one time payment that may be used to purchase annuities or be given as a cash benefit to current recipients.  Every other entitlement program including, but not limited to, federal unemployment insurance, WIC, etc will also fall under the 3 years maximum.

Federal Medicaid payments will only continue for 10 more years.  Afterwards states, churches, and/or charity will take over the responsibility entirely.

Social Security will be phased out gradually over 20 years.  Current recipients will continue to receive their payments as normal for his/her lifetime.  Future recipients due to age into social security eligibility over the next 20 years have the option of regular payments or a one time lump sum equivalent to the purchase price of what a 20 year annuity that would pay the benefit currently costs. Future citizens excluded from Social Security may designate whatever percentage of their income they wish into a Individual Retirement Account (IRA), any other investment vehicle, or account type of their choice to defray retirement costs.

Medicare will be phased out gradually over 40 years.  In 20 year Medicare will no longer take any enrollments.  People scheduled to age into Medicare over the next 20 years will get to take Medicare or a regular cash payment to purchase private insurance or whatever they choose.  Current beneficiaries will be given a fully private option purchased w/ the cash cost of their benefit.  Those scheduled to become medicare eligible in less than 20 years may choose to take benefits as cash to be used towards private insurance or other use as they see fit.  Congress may quicken the pace of these steps with appropriate legislation but they may not exceed entitlement spending past these deadlines.  Future beneficiaries and Medicare excluded individuals may designate whatever percentage of their income they wish into a Health Reimbursement Account (HRA), Flexible Spending Account (FSA) or other similar vehicle to defray healthcare costs directly or via the purchase of private insurance.

Congress may quicken any of these timeframes with legislation but they may never shorten them or take back legislation that further quickens the pace of a permanent end to entitlements.

Congress may never again write a law whose purpose is to create an entitlement or in any way take money from one individual or group of Americans to give to another individual or group of Americans .  All future spending must strictly adhere to the enumerated powers of the constitution.  Any spending that exceeds such authority will be stopped by the DOJ, attorneys general, the courts, the president of the United States, and/or state legislatures.  Those found responsible for violating this principle will permanently expelled from any office or public trust and will be held criminally and/or fiscally liable as appropriate and thus punished by a court of law after trial by jury upon request.

Amendment next [Recall for elected and unelected federal government officials] All elected and unelected government officials will be subject to direct civilian or state recall.

Method 1 – Direct petition by state legislatures.  All members of the Federal government both elected and unelected are to be subject to recall. A recall will be initiated by a state legislature passing a majority resolution which will be sent to the governor of the state for approval.  The resolution must contain clear language stating why it’s in the best interest of the people of the United States for a particular government official to be expelled from office.  This can apply to the President, the Vice President, cabinet members, congressional members, a federal judge or any other federal bureaucrat with power or authority.  Upon occurrence of a 75% majority of state legislatures passing an affirmative resolution with stated cause to include language advising why it’s in our best interest to expel such a person, he or she will be expelled from office as soon as this threshold is met. Existing rules will be applied to determine the succession of a new temporary office holder.

If an elected official is recalled in such a fashion it will force a new primary election to be held within 30 days.  The election will be decided using existing rules and regulations to include the following expedited provisions.  Once the expedited primary is decided then the winners will enter into an expedited general election to be held 28 days after the primary is held.  The winner of such an election will take the oath of office once the election results are certified.  A person elected in such a manner will serve out the remainder of the defined office term.  If such a person is in an office that has term limits, such as the Presidency, the following rule will be applied to determine weather or not the term to be served will be counted for term limit purposes.  If the remainder of the existing term in office is less than 50% of a full term then it shall not be counted as a term for limiting purposes.  However if the remainder of the term is greater than 50% of a full term then it will be counted as a full term in office.

If an unelected official, such as a cabinet member, federal judge, head of a federal agency, or other federal bureaucrat is recalled in this manner, then another individual will be appointed using existing appointment rules.  Whomever is currently in charge of nominating such an individual will do so.  In any event a nominee or replacement shall be chosen within 14 days of a successful recall.  Once nominated, the normal consent and review process will take place. The final vote to confirm or deny will held in 28 days or less.  If the nomination requires a vote it will be 51% of the vote or greater to be confirmed.  If the nominee is denied the process will be repeated w/ the 14 + 28 day conformation time frame until a nominee is successfully confirmed.

Method 2 – Direct petition by the citizens of the several states.

Direct petition from a majority of a state’s citizens. A group of citizens within a member state may begin a petition to have any elected or unelected Federal official removed from office providing it is agreed upon that it is being done for the best interest of the United States and her people. In order for such a petition to be put up for a vote, the signatures of no less than 20% of a state’s adult population eligible to vote must be obtained on the petition. This will force a plebiscite to be held within 30 days. All adult citizens of the state who are eligible to vote will encouraged to participate in such a plebiscite. The plebiscite held must be approved by an 75% majority of the total vote in order to pass. If passed, this will constitute the same authority as if the resolution were passed through the state’s legislative body. This provision is created so that individual citizens have the ability to get around a non-responsive legislatures and hold any government official to account including but not limited to the President, the Vice President, cabinet members, congressional members, or any other Federal bureaucrat with power or authority.  This will constitute the same authority as if the resolution were passed by a state’s legislative body and approved by the Governor of the state in question.  The replacement of the official in question will follow the guidelines listed under Method 1.

This amendment will not be construed to effect existing constitutional authority for expulsion of members of congress or of the general impeachment authority of congress, it’s simply creates a method in addition to congress’s exclusive authority.