A Religious Madison’s Libertarian Revolution – Our Form of Government and Founding Documents

A few Questions and Possible Answers 4 of 4

Guest Commentary by Larry Tidrick

June 10 2011

Question #1:   When and how did we get away from the Constitution?

The destruction of our Constitution actually began before the New Deal Legislation.  This destruction began with the “so called” Progressive Era (late 1800s),  and the belief that “government could do good”.  The enactment of the Income Tax (16th Amendment), and the direct election of the Senate (17th Amendment), also , speeded up the destruction, by providing the Government with more revenues, and diminishing the concept of States Rights and Separation of Powers.  These Amendments were followed some years later by the Great Depression, President Hoover’s attempts to end the Depression, and FDR and  the New Deal, all leading up the Helvering Case.

In the Helvering  v Davis Case (1937), the Supreme Court ruled that the Welfare Clause meant Congress can legislate for the General Welfare of the People – never mind the stated, enumerated, limited, powers in Article 1, Section 8.  With the Helvering Case  ”the flood gates (to the unlimited exercise of power by the Government) were opened”.  (Pilon, Cato, Bibliography).  Following thereafter in other Court Cases came the broadening of the Commerce Clause, the Administrative State, and the refusal of the Courts to find and uphold all Unenumerated Rights.

Question #2:  How does going back to the Original Constitution solve these problems?

It should be apparent from the above discussion that Constitutional Government would be without any of our present moral, legal, political, and fiscal problems – once the mistakes of the past were replaced or declared unconstitutional.

First, we need to read the Constitution, learn it, follow it, and demand your public officials govern according to the Original Constitution.

Eventually, a wholesale insistence by the People that we move back to the Original Constitution would cause Congress and the Executive to enact only constitutional legislation, and replace unconstitutional legislation, and give the Supreme Court “the freedom” to declare cases such as Helvering v Davis unconstitutional.

A recent example of what would not work:  a Balanced Budget Amendment.  This is not a good idea because a balanced budget would only provide that any spending would be balanced by similar revenues.  This would not assure only constitutional spending.

Without going back to the  concept of the Federal Government held by a majority of the People before the Great Depression – the concept of running the Government according to our Constitution – we can’t hope to return to the concept of morality set forth in our Original Constitution, assure limited government, and maximum liberty and individual responsibility.

To point out the undertaking we have before us, let me mention two Presidents.  The most recent excellent President was Grover Cleveland (1985  – 1989 and 1893 – 1897).  The last very good President was Harding (1921 – 1923) (Eland, Book, Bibliography).  Harding spent $3.289 Billion, and had a Surplus of $736 Million; in 2010, the Federal Government spent $3.552 Trillion and had a Deficit of $1.171 Trillion.  Our Federal Government today is more than 10 1/2 times the size of our Federal Government in 1922, and performing many unconstitutional functions.

Clearly, individual morality and responsibility and fiscally limited government was far less expensive than this massive Federal Government we have today.

Question #3:   So, who in this field of candidates for President in 2012 follow the Constitution?

Ron Paul and Gary Johnson. Both do so 100%.  The rest of the candidates are politicians.

I truly wish we were choosing only from Candidates and a President who would govern constitutionally.

Actually, The First Lady has a good idea:  people should take care of their health and eating habits:  the problem is her solution:  more federal regulation and fewer rights.  Yes, you do have the right to take good care of yourself.

Question #4.  What would life be like,  in Washington, DC  and for the rest of us if We the People had the Federal Government governing according to our Original Constitution?

Dull  and boring for those in office and working in Washington, DC.  (O’Rourke, Book, Bibliography)  Congress and the Executive would only debate and sign legislation involving eighteen (18) enumerated powers, and those powers are limited.  It’s likely that no one would want to be in office more than a few terms.  Politicians would be in office for “civic duty” – not for power, money, or a future, lucrative position.  Probably there would be few lobbyists in Washington, as the Federal Government would cease to be the place where any group, Labor or Business, could hope to receive a handout.

For all of us, Government would be extremely inexpensive (that’s the “cost” of ” limited government”.)    Income taxes  could be reduced considerably, or, replaced by a consumption tax, to encourage savings and investment.  For the Republic, this, new, truly limited government would bring rich rewards to the private sector, (remember, the essence of rights is first, Property and Contract Rights).

In the private sphere, the market place would actually be deciding “the winners and the losers”, because, limited government means less government in everything, and the markets policing themselves to stay profitable.  Limited Government also means if the business takes a risk and goes bankrupt there’s no government bailing it out.  Since only oil, natural gas, and coal are proven fuels economically, (Taylor & Van Doren, Cato, Bibliography), there wouldn’t be a nuclear, wind, or bio fuel industry.  Despite the “downsizing’ of the federal government and no handouts,  unemployment should actually be reduced, as there would be many people available for productive, innovative new products.  GDP should increase.  There should be new manufacturing as well.  We would be challenging China in economic growth as a “newly developing” Industrial Nation – not as an old Industrial Power becoming a Welfare State, as we are today.  Hopefully, we would move back to sound money – a Gold Standard – again.  Taxes should be dramatically lower, challenging the entire World to compete with America.

The Declaration of Independence and Original Constitution are “still there”.

All we have to do is read, understand, teach, and promote these Founding Documents to each other and our leaders.

Good luck to all of us in our journey.

Guest commentary by Larry Tidrick CPA, MBA

What do you think about Larry’s commentary?  Share your comments below and let him know if you agree with him.

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Copyright (c) 2011 by Larry Tidrick - Posted on June 10, 2011 on the Cook County Tea Party blog, “Guest Commentary – Part 4 of 4 – A Religious Madison’s Libertarian Revolution – Our Form of Government and Founding Documents“

A Religious Madison’s Libertarian Revolution – Our Form of Government and Founding Documents

Our Original Constitution Part 3 of 4

Guest Commentary by Larry Tidrick

June 10 2011

3 A.  Art. 1, Sect. 8 – United States Constitution

Specifies the 18 enumerated powers of  the Legislature. Three (3) of these enumerated powers are the Welfare Clause, the Commerce Clause, and the Necessary and Proper Clause.

1.  The Welfare Clause  - specifies that the government serves all of the People, not a single faction or region of the Country.  This does not mean the Government can do anything it wants “for the People” to “take care of their General Welfare”.

2.  The Commerce Clause – specifies that the federal government shall legislate commerce between the several states. This does not mean the Government can regulate anything and everything, either within a state and among the states, but only that it can regulate trade among the states.

3.  The Necessary and Proper Clause – specifies that only laws which are necessary and proper to carry out the enumerated powers herein shall be become law.  This does not mean that the Government can legislate whatever it wants that it thinks is “Necessary and Proper” to take care of the General Welfare or any other enumerated power.

Some of the other enumerated powers  - but not all – specified in Article 1, Section 8 include the power to lay and collect taxes  (there was no income tax prior to the 16th Amendment, ratified in 1913), the power to impose Duties,  Imposts, and Excises; the power to pay Debts, the power to provide for the common defense, the power to borrow money, and the power to coin money.  Also included as an enumerated powers is the authorization for a patent office, the building of postal roads, the formation of armed services, and the right to declare war.

Discussion of Point #3 A.:

Again to emphasize, particularly the meaning of the Welfare Clause:  We the People created the Federal Government to protect us and our rights, so we could go about our business of living without having to have a gun in one hand all of the time to protect our property.  We have given the Government the power to “hold a shot gun”, figuratively and literally,  and  to keep people and trouble away from us.  We have not constitutionally given the Government the power to give us “things” .  The Redistribution of Income is illegal and unconstitutional, as our property is one of our most sacred rights, and can’t be taken from us by the Government and given to another constitutionally.  For the Government to take from Person A and give to Person B, would be no different morally than for Person B to take Person  A’s property “in broad daylight”.  It doesn’t matter if Person B is worth $110 Billion and Person A is worth $1 – or vice versa.  Property Rights are one of the major reasons people from all over the World wish to come to America.  They are looking to our Constitution to continue to protect their property, Contract, and other Rights.

If Person B wants to give all of his $110 Billion to Person A he can do that anytime he wishes.  But, he’s under no obligation to do so.  If Person B wants to give his $1 to Person B and say “I am going to live in a gutter” or – ‘I am going to make my own $110 Billion” – he can do so.  But no one can steal from another or have the government steal for you, constitutionally, in the name of “fairness”.

The Constitution, is not a means of passing out charity to any person or group, whether their cause be good or bad, whether their needs be large or small.

Obviously, the Original Constitution promotes equal, rather than progressive taxation, as well, for the same moral reasons as above:  the Government can’t take from one to give to another, but can tax for general and constitutional purposes, so when the Government does tax for general purposes it must take proportionately equally from each individual.

3 B.  9th Amendment

All of the rights enumerated (1st – 10th Amendments – the Bill of Rights) are retained by the People, plus any rights not enumerated (called Unenumerated Rights).    Yes, you have the right to do about anything you could do before our Constitution – within limitations – just as long as you do not violate the rights of another.

Discussion of Point #3 B.:

If the 9th Amendment sounds radical to you, think about the true meaning of Liberty.  The Founders believed in individual liberty and limited government.    We fought a Revolution to protect our Individual Rights.  We still have all of our rights and that does include the right to be anything we wish to be, provided we don’t harm others.  But, remember:  with rights come responsibility.  If we only have the Right to make our way as best we can, and the Government doesn’t have the right to give us free medical care, how many Big Macs, exactly, do you want to eat?  Also, how much marijuana do want to smoke, and heroin do you want to inject?  My point is:  “you’re paying the bill – responsible – in all aspects” for your actions, financially and in regards to your reputation.  Obviously, under those terms of the Constitution you might not exercise every right that you could constitutionally exercise.  Having a right doesn’t mean you exercise the right (Pilon, Cato, Bibliography).

As you can see, with the Declaration of Independence, and with Article 1, Section 8, and the 9th Amendment of the Original Constitution, we definitely created a Constitution which was “a sea of liberty with islands of democracy”.  (Pilon, Cato, Bibliography), but, according to our Constitution, it is up to us – not the Government – as to how we manage our liberties, and the consequences to ourselves.   If we were governing according to the Original Constitution, one would surely say:  manage wisely.

3 C.  10th Amendment

Specifies that those powers not granted to the Federal Government are retained by either the States or the People.

Discussion of Point #3 C:

Since we only gave the Federal Government a few powers, any other powers reside with the People or with the individual States.  This is the concept of Dual Sovereignty.  The citizens of some states have given their government more powers than have other states.  As Governor Mitt Romney has said over and over, the State of Massachusetts, for example, has been given the power to create RomneyCare by the people of Massachusetts.  However, under the Original Constitution (as opposed to today’s Living Constitution), there is no possibility that ObamaCare would be constitutional:  there isn’t an enumerated power in Article 1, Section 8 giving the Federal Government the power to establish any entitlement or healthcare programs.  All of these entitlements were begun during the New Deal or later, unconstitutionally, and continued and added on to by later Congresses and Administrations of both Major Parties.

3 D.  14th Amendment

Specifies that the rights specified in this Constitution as retained by the People in regards to the Federal Government are also retained by the People in regards to their relationships with individual States.

Discussion of Point #3 D:

Just as we retained out rights and still set up a Federal Government, we retain all of those same rights in our actions as a citizen of a particular state.

3 E.  Foreign Affairs and the Constitution:

Since the Government was formed to protect our rights, this could include the obligation to protect our rights beyond our National Borders – if our rights (security) are in jeopardy. That is, National Security could be construed to be a natural extension of the Government’s obligation to provide security and protect our Individual Rights at home.    (Barnett, Supreme Court Review, Bibliography)

3 F.  (Article 5) Amendment Process

Either 2/3 of both Houses or 2/3 of all of the States may propose amendments to the Constitution.  These Amendments are ratified upon passage by 3/4 of all of the States Legislatures or Conventions.

Discussion of Point #3 F:

We may make constitutional changes to the Constitution but any changes will require super majorities of Congress and the States.  Changes will not be made in haste.  However, make only those additions which do not change our Constitution’s moral fabric.  (Pilon, Cato, Bibliography).

This entire Article 5 Process was circumvented by the New Deal in the 1930s.  Those in the New Deal “didn’t want to wait” for the Amendment Process to approve their plans for the Country – or they feared their new plans would never be approved through the process outlined in Article 5 – so. with a willing public, a willing Congress, and a willing Judicial Branch they began  the near complete destruction of our Constitution with the enactment of New Deal Legislation.

To conclude this discussion:  the Founders put in all sorts of checks and balances and processes within our Constitution to avoid the destruction of our Constitution, but, if the public is as willing today as it has been since the New Deal to destroy any semblance of our Constitution, “Democracy” will reign, and our Country will be bankrupt, morally, legally, politically, and fiscally.

Note also:  each time the Federal Government – or any government, for that matter – has more power, you, in turn, have fewer rights.

This guest commentary was written by Larry Tidrick

What do you think about Larry’s commentary?  Share your comments below and let him know if you agree with him.

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Copyright (c) 2011 by Larry Tidrick - Posted on June 10, 2011 on the Cook County Tea Party blog, “Guest Commentary – Part 3 of 4 – A Religious Madison’s Libertarian Revolution – Our Form of Government and Founding Documents“

A Religious Madison’s Libertarian Revolution – Our Form of Government and Founding Documents

Our Declaration of Independence Part 2 of 4

Guest Commentary by Larry Tidrick

June 10 2011

We are all created equal.  Our rights come from the Creator (or Nature), and we have formed a government solely to protect our rights.  Among those rights are the right to life (property), liberty, and the pursuit of happiness.  All of our rights are unalienable rights.

(United States Constitution – 2nd paragraph, first 6 lines).

Discussion of Point #2:

Our rights come straight from the Creator (or Nature), not from the Federal Government.  We give the Federal Government, in our Constitution, just enough power to protect those rights.  We retained the rest of our rights. The Government absolutely, positively, cannot constitutionally give us a right; not an Entitlement, not a farm subsidy, not welfare, not an education, not a student loan, or anything else.  These are not rights, they are commodities, bought with someone else’s taxes or with debt.  The rights which come from the Creator are called “Negative Rights” and require the Government and everyone else to simply “get out of our way” so we can exercise these rights.  They are not commodities, rather, they are the rights to do for ourselves – to be free and capable men and women.

This guest commentary was written by Larry Tidrick

What do you think about Larry’s commentary?  Share your comments below and let him know if you agree with him.

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Copyright (c) 2011 by Larry Tidrick - Posted on June 10, 2011 on the Cook County Tea Party blog, “Guest Commentary – Part 2 of 4 – A Religious Madison’s Libertarian Revolution – Our Form of Government and Founding Documents”