preserving the constitution and its protections for citizens. some current issues & solns

TOPICSA - OVERVIEW - - TOWARD BETTER GOVERNANCE

B - PRE-FOUNDER SOCIETAL GOVERNANCE

C - FOUNDER'S SOCIETAL GOVERNANCE

D - SOME CONTEMPORARY GOVERNANCE ISSUES

E - SOME SOLUTION STEPS FOR AMERICA

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Today, we are often "treated" to the harangues of those who decry our Constitution as "out of date" for modern times. But such harangues are ignorant of the full background of our Constitution. It's a very extensive background that goes back many millennia and is rooted not only in the creativity of the best political minds, but also of the most moral and spiritual minds - - hardly a recipe for early obsolescence and archaic relevance. So the 1st part of this article provides some summary insight and appreciation of the wisdom that preceded the Founders and then speaks to the Founders unique brilliance in understanding history and adopting a governance that history demonstrated to be hugely successful, while addressing the fatal flaws that had defeated other governance options. Moreover, the Constitution we have received from our forebears carries within it the ability to be modified by those being governed by it, so it is an ideal vehicle for a Free People who take responsibility for their own governance and Who understand why so many other global governments have decayed and/or drifted into tyranny.

Subsequently we shall review some major present day Governance flaws in light of our Constitution and propose some Solutions that accord well - - within the concept of LIMITED GOVERNMENT, BALANCE OF POWERS, "RULE OF LAW", and THE CITIZENS" VOICE - - all crucial to a FREE CITIZENRY. Keeping note of these fundamentals is akin to remembering to construct your home on a solid foundation - - not a muddy hill.

OVERVIEW - - TOWARD BETTER GOVERNANCE

OVERVIEW - - TOWARD BETTER GOVERNANCE

The Republic prescribed by the American Constitution is the longest lasting free government in history. America saved Europe from tyranny three times in the twentieth century, and today it is the only solid bastion of freedom against some current, dangerous totalitarian advocacies. What is not generally known nor appreciated, however, is that the American Constitution was deeply rooted in ethical and political principles whose source is none other than the Old & New Testaments with specific note taken of the Protestant social reformers.

The idea of covenant relationships between people and between God is as old as Genesis. This subject is given depth and perspective in Covenant and Polity in Biblical Israel, by Daniel Elazar (Transaction Publishers,1995). The book details events in the Old Testament that can be seen as theo-political rather than purely theological. As the roots of the Christian faith trace to Genesis 1:1, so do the roots of A CITIZEN-STATE “COVENANT”. "Politically, a covenant, although evolving from a theological basis, does not necessarily mean a religious pact. Rather, it involves the gathering of FREE-WILL CITIZENS WHO CONSENT WITH ONE ANOTHER through a morally binding pact to establish a new framework of governance. The pact can only be dissolved by mutual agreement of the parties."

PRE-FOUNDER SOCIETAL GOVERNANCE

To avoid future allegations of breach, the covenant/pact should be WRITTEN IN UNAMBIGUOUS LANGUAGE so that much later, if a conflict arises, a disinterested third party can discern the intent of the parties, and determine whether the parties are acting in conformity with their original intentions. The Founding Fathers viewed the U.S. Constitution as the WRITTEN declaration of their pact between the Government and the Citizens and colonies to: "form a more perfect Union"

The Bible teaches that such a covenant/pact is a tool for men to establish their relationships with one another AND with God. This concept is modeled on the Old Testament. When our political institutions follow the biblical pattern, they likewise function with a sense of society, binding together in a common Constitution and common laws.

In a sense here, we're talking about "THE RULE OF LAW". So what is a "RULE OF LAW" (R.O.L.) ? England's Magna Carta of 1215 is often cited as an early example.

"No freemen shall be taken or imprisoned or disseised or exiled or in any way destroyed, nor will we go upon him nor send upon him, except by the lawful judgment of his peers or by the law of the land."

—Article 39, Magna Carta (1215)

In 1215, King John of England signed The Magna Carta (or Great Charter), with a group of powerful noblemen who supported the King in exchange for estates of land.

The Nobles persuaded the King to sign the WRITTEN charter to recognize their rights to life, liberty, or property as free subjects of the King. In essence, the R.O.L. recognizes that a Citizen’s fate should NOT be in the hands of a single individual—then, the King. It demands that a judgment against a person be made in accordance with the Law. Thus the Magna Carta established the concept of a fair and impartial hearing as integral to a Citizen's legal rights.


Four centuries after the Magna Carta, John Locke (1632-1704), an English Philosopher, Physician, Historian and Political Scientist writing also about a R.O.L., asserted that in a "state of nature," (i.e., without any artificial institutions such as government) men would reasonably accept some government in order to avoid self-destruction. In other words, man’s tendency toward self-promotion and sin can be avoided if people trade some of their absolute individual power (i.e., DELEGATE TO GOVERNMENT) in exchange for the government's protection of society. Locke believed that this "reasonable" exchange was the design of God. Government, thus derived its authority from the CONSENT OF THE GOVERNED, and is thus empowered to execute judgment on behalf of the people.

NOTE: John Locke, author of the widely studied, "Two Treatises of Government", 1690, asserted that tyranny includes any violation of right and that Citizens must be constantly on guard against that. Accordingly, in governance, the PUBLIC GOOD must be repeatedly set against coercive force and private will. Locke's teachings were widely read by the Framers of the U.S. Constitution. He is credited with being the societal philosopher most widely quoted in the 1760's and 1770's.


In John Locke's exposition, law combined with the public good is repeatedly contrasted with coercive force and private will or appetite. Locke emphasizes that such tyranny includes any violation of Citizens' Rights. For Locke, tyranny and usurpation comprise all examples of the exercise of unlawful power, while, in contrast, the principles of legitimacy are grounded in PRESERVATION OF RIGHTS and CONSENT OF THE GOVERNED, and where each principle is connected to a fundamental law. Locke is insistent that a "Judge with executive power" (i.e., a Monarch or Czar) is not sufficient to establish legitimate government, because the source of the authority of that "Judge" is to be found only in the consent of men who are, by nature, free. Thus, Locke's constitutional theory embraces a MULTI-FACETED GOVERNMENT in which the Executive, Legislative and Judicial segments share power on an equal basis, but no single segment is authorized to change the Constitution (covenant/pact) from which Citizens and Government jointly derive their power and authority.Beyond constructing government, Locke addresses CITIZEN REJECTION OF GOVERNMENT, when it strays beyond its delegated authority from the Citizens. Locke asserts that the government is effectively dissolved, and society is destroyed, when the Executive fails to discharge its duties - - i.e., solely to execute the law. Moreover, the effective right of resistance cannot be guaranteed unless the People study, understand, monitor and take pre-emptive action to dissolve a wayward government. These Citizenship duties must be accepted, in return for the privileges and benefits of society that the individual enjoys, and are part of his payment to ensure his natural liberty.


The Founding fathers clearly recognized that justice and civil authority are legitimate extensions of Divine Law (Natural law) through a covenant relationship with God. John Sterling, in ref #1, recommends Dr. John Eidsmoe's excellent book Christianity and the Constitution as a well-documented source of the Biblical principles found in American government. He lists 15 Biblical principles that are either derived from, or at least compatible with, Christianity and the Bible. These are combined to some extent in the next figure.

Many societal studies point to the fundamental fact that people or groups invariably contain some elements intrinsically prone to do evil. Thus societal governance must contend with two aspects of the human interaction, namely, POWER (who gets what, when, and how) and JUSTICE (who should get what, when and how). From the Old Testament through the early writings of the Founders, it is clear that a primary function of civil government is the punishment of transgressors. Those writings gives us practical guidance on basic rules of: adjudication, judicial procedure, evidence, capital punishment, and guidelines for the establishment of an appellate system. In sturdy societies, civil authorities are committed to be in accord with the foundational elements of God's law after formal delegation of limited power by the People under that governance.


BIBLICAL PRINCIPLES FOUND TO UNDERGIRD FOUNDATIONAL AMERICAN GOVERNANCE A belief: in God and His providence; that God's truth is revealed in the Bible; that

human reason is a God-given power to be used to learn the truth; that man is neither perfect nor perfectible and that government institutions must take the sinful nature of man into account; that God has established certain physical laws as well as moral laws for the governance of mankind; that God has revealed his moral law through scriptures and that His truth is discoverable through human reason and human conscience.

A belief that human law must correspond to the Divine law. Human laws that contradict God's law are non-binding and are to be resisted.

A belief that the revealed law and the law of nature include unalienable human Rights which include life, liberty, and property.

A belief that the revealed law and the law of nature form the basis for the law of nations (international law) and this law of nations includes the Right of a nation to defend itself against aggressors

A belief that governments are formed by Covenant (or compact) of the people in order to safeguard human rights.

A belief that governments have only such powers as are delegated to them by the people in the said Covenants or compacts and that when governments attempt to usurp powers not so delegated, they become illegitimate and are to be resisted.

A belief that, human nature being what it is, Rulers tend to usurp more and more power if given the opportunity.

A belief that the best way to prevent governments from usurping power is to separate their powers and functions into Legislative, Executive, and Judicial branches.

A belief that, human nature being what it is, a free enterprise economy is the best way to give people an incentive to produce and develop National prosperity.


The prior few charts are a greatly simplified portrayal of the quite complex struggle of good men over the millennia to articulate the structure of a Just society. The chart at the right helps depict the various law groupings that have been advocated and implemented over the years.

The diagram shows some inter-relationships of the terminologies used, which comprise laws as found in:• Nature• the Scriptures of several major

Religions• Laws from Governing bodies• Laws in Civil codes• International Laws

A key assertion of the chart attributes all Law as ultimately emanating from God or the Creator, as some would say. While others may disagree, it seems difficult to refute that the 10 Commandments of Moses are a recipe for human life that has left an enduring mark in many of today's governmental structures, specifically including our own Constitution.

The term tripartite system is ascribed to French Enlightenment political philosopher Baron de Montesquieu. In The Spirit of the Laws (1748), Montesquieu described the separation of political power among a Legislature, an Executive, and a Judiciary. Montesquieu's approach was to present and defend a form of government which was not excessively centralized in all its powers to a single monarch. He based this model on the Constitution of the Roman Republic and the British constitutional system. Montesquieu asserted that the Romans had powers separated so that no one could usurp complete power.

The 18th-century statesmen who met in Philadelphia were adherents of Montesquieu's concept of the balance of power in politics. This principle was supported by colonial experience and strengthened by the writings of John Locke, with which most of the delegates were familiar. These influences led to the conviction that three equal and coordinate branches of government should be established. Legislative, Executive and Judicial powers were to be so harmoniously balanced that no one could ever usurp control. The delegates also agreed that the legislative branch, like the Colonial legislatures and the British Parliament, should consist of two Houses. Representatives of the small states -- New Jersey, for instance -- objected to changes that would reduce their influence in the National government by basing representation upon population rather than upon statehood, as was the case under the Articles of Confederation. In contrast, delegates of large states, like Virginia, argued for proportionate representation. This debate ground on until Roger Sherman came forward with arguments for representation in proportion to the population of the States in one house of Congress, the House of Representatives, and equal representation in the Senate. Fortunately the delegates were all serious and thoughtful people. The compromise was worked out and the issue was resolved.

FOUNDER'S SOCIETAL GOVERNANCE

In Philadelphia, there was no serious difference on such national economic questions as paper money, laws concerning contract obligations and others. But there was a need: for balancing sectional economic interests; for settling arguments as to the powers, term and selection of the Chief Executive; and for solving problems involving the tenure of Judges and the kind of Courts to be established.

Working hard and carefully, the Convention finally achieved a draft incorporating, in a brief document, the organization of the most complex government yet devised - - a government supreme, yet within a clearly defined and limited sphere. In conferring powers, the Convention gave the Federal government full power to: levy taxes; borrow money; establish uniform duties and excise taxes; coin money; fix weights and measures; grant patents and copyrights; set up post offices; and build post roads.

The National government also had the power to raise and maintain an army and navy, and to regulate interstate commerce. It was given the management of Indian affairs, foreign policy and war. It could pass laws for naturalizing foreigners and controlling public lands, and it could admit new states on a basis of absolute equality with the old. The power to pass all necessary and proper laws for executing these clearly defined powers rendered the Federal government able to meet the needs of later generations and of a greatly expanded body politic.


To protect the Constitution from hasty alteration, Article V stipulated that amendments to the Constitution (see figure) be proposed either by two-thirds of both houses of Congress or by two-thirds of the states, meeting in convention. The proposals were to be ratified by one of two methods: either by the legislatures of three-fourths of the states, or by convention in three-fourths of the states, with the Congress proposing the method to be used.


Finally, the Convention faced the most important problem of all: how should the powers given to the newgovernment be enforced? The decision was that the Convention adopted two brief but highly significant statements:

Congress shall have power...to make all laws which shall be necessary and proper for carrying intoexecution the...powers vested by this Constitution in the Government of the United States....(Article I, Section 7) This Constitution and the laws of the United States, which shall be made in Pursuance thereof; and all treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the contrary notwithstanding.(Article VI).

Thus the laws of the United States became enforceable in its own national courts, through its own Judges and Marshals, as well as in the State courts through the State judges and State law officers.


A.1 The American Constitution was not simply invented ad hoc in 1787. Rather, it drew upon the thought and experience of the best societal philosophers across a dozen previous centuries. It has deep roots of morality from multiple religious sources. So those who dismiss it as merely an inapplicable relic of the past are both quite wrong and foolish.

A.2 Moreover, the Founders themselves were skilled in both History and the Law and were exceedingly informed about past failures and successes in governance. Also, their experience with King George gave them much 1st hand knowledge of what freedom IS NOT. Thus our governance is replete with many cross checks to avoid the pitfalls of the arrogant and the evil.

A.3 Our Constitution is the oldest living document on the planet and its survival and current use is a major message in itself: Citizens must know and understand our Heritage. It has produced the most prosperous, enduring and free Nation in history. Many have sacrificed their lives for it. For modern Citizens to fail to do our part to pass it to our children is a huge failure of character and intellect. We must avoid that like the plague.

SOME KEY HISTORICAL POINTS ABOUT OUR CONSTITUTION


As discussed previously, the Constitution is a lynchpin in the retention of THE RULE OF LAW for American Governance. But in recent years, it would seem that at least 2 Branches of American Governance have never heard of Jefferson and Madison. Even when issues arise that raise questions of Constitutional violations, the Executive and Legislative branches focus on the problem at hand in political terms and the issue of Constitutional governance seems to become a matter of minor concern. Should the Citizens sit still for this kind of gross governance criminality? Only at the peril of our Freedom and the blasphemy of those who’ve given their lives to create and defend this Nation.

Some say: “it’s a small matter - - we must be focused on: the children; the downtrodden; healthcare; climate change; ..” and a thousand other red herrings. Of course we must be concerned about those! But that’s like driving your car in an unknown, remote area and eyeing every house address and street - - but NOT HAVING A MAP for guidance. The big picture, an overall plan and some basic knowledge are critical ingredients to getting where you want to go. To focus on details without philosophy and strategy, is a good recipe for becoming hopelessly lost and likely driving in circles until you run out of gas. Bad enough in a driving scenario - - FATAL IN SOCIETAL GOVERNANCE. Any worries today? Please see next several charts.

SOME CONTEMPORARY GOVERNANCE ISSUES

In June 2012, the US Supreme Court handed down a decision on the Individual Mandate of the Affordable Care Act. There were some good aspects about the decision: SCOTUS held that there are limits to how far the “Commerce Clause” (a reference to the notoriously elastic constitutional provision wherein Federal intrusion on private enterprise has led to many degradations of business effectiveness) can be stretched. Then, with what some say was tortured logic, the Court found the Individual mandate a “tax”. But it was not presented nor treated as a tax to Citizens, when Congress approved the original legislation. Shouldn’t that legally make it a “do over”? Apparently not. Moreover, labeling it a tax, doesn’t change its impact of forcing some Citizens to buy a product, different than their present choice, even though they might prefer not to. Moreover, in addition to the circumstance of the Executive and Judicial branches doing the Congressional job of budgeting and appropriating, there are significant indirect effects predicted (and already showing up) as significant funds flowing out of Citizens’ wallets.

SOME CONTEMPORARY GOVERNANCE ISSUES - EXAMPLE #1

Polls (see figure) show that Citizens strongly resent the current Healthcare package. It is resented because the legislation was far too immense for Citizens to understand it and is both (1) a takeover of a substantial portion of our economy which empowers the federal government to write tens of thousands of pages of regulations telling us how to live and how to die, and (2) a major wealth redistribution scheme - - yet not presented forthrightly as such.

When the government circumvents the Constitution and is allowed to get away with it - - doesn’t that mean that Citizens are encouraging future ravages of their rights? Certainly seems so. Running out of gas? Feels like the engine of our Freedom Bus is sputtering? Yes indeed! 2014


President Obama in a Sept 2014 address to the Nation, spoke of having confronted the Islamic State in the Levant (ISIL), a group spreading terror and death in Syria and Iraq. In taking the action, however, he asserted that Congressional approval —while desirable—is not required. But those who value our Constitution view that as a breaking of his Oath of Office to preserve, protect and defend that fundamental compact between Citizens and their Government. Yes, the Chief Executive has authority as Commander in Chief to implement war, AFTER authorization from Congress. But this authorization was not sought. The Administration claims that the authority flows from a decade-earlier, 2001 Authorization to Use Military Force (AUMF) passed by Congress in the days immediately following the 9/11/2001 attack on NYC.

THE WAY IT WAS: THE CONSTITUTIONAL WAY: APRIL 3, 1917:


Such a reasoning justification suffers greatly in comparison to the Constitutional directive that Congress alone has the power to declare war. Respect for the fundamental Constitutional principle of “balancing governmental powers” should leave no room for grasping at the straw of a 2001 authorization - - given under considerably different circumstances.

With the present Mid-East turmoil, it seems unconscionable that either Congress or The Executive (much less both) should play fast and loose with the Citizen's Constitutional Rights.

Moreover, our strategy and tactics seem ill-conceived and 2nd rate. We Citizens must act now and act strongly.


The Ebola virus disease issue came into strong public focus about 3 weeks ago with the first Ebola victim in America, Thomas Eric Duncan of Liberia, arriving in the U.S on September 19, 2014. It began in Guinea in December 2013 then spread to Liberia and Sierra Leone. A few, much smaller subsidiary outbreaks have occurred elsewhere, with outbreaks in Nigeria and Senegal that appear to have been successfully contained, although in Africa, there have been significant secondary infections of medical workers. Several individual cases have now recently been recorded in the United States and Spain. As a result, legitimate medical opinions have expressed considerable concern regarding the contagious and lethal aspects of the disease. But the background was initiated quite a time before that:

A BRIEF TIMELINE OF THE CURRENT EBOLA OUTBREAK• By the end of August 2014, the World Health Organization (WHO) reported that the loss of so many health workers was making it

difficult for them to provide sufficient numbers of foreign medical staff.

• By September 2014, Médecins Sans Frontières/Doctors Without Borders (MSF), the largest NGO working in the affected regions, had grown increasingly critical of the international response.

• Speaking on 3 September, the MSF International President spoke out concerning the lack of assistance from UN member countries saying, "6 months into the worst Ebola epidemic in history, the world is losing the battle to contain it."

• A UN spokesperson stated "they could stop the Ebola outbreak in West Africa in 6 to 9 months, but only if a 'massive' global response is implemented." The Director-General of the WHO, Margaret Chan, called the outbreak "the largest, most complex and most severe we've ever seen" and said that it "is racing ahead of control efforts". In a 26 September statement, the WHO said that "The Ebola epidemic ravaging parts of West Africa is the most severe acute public health emergency seen in modern times."


The 2nd case of Ebola in America, Anita Pham, a nurse who had treated T. Duncan at Texas Health Presbyterian Hospital on October 10, raised all kinds of red flags here, when a nurse was diagnosed with the disease. Many rightly became concerned: if a hospital can’t protect its own workers, how can our government assure us the disease won’t become a killer here as it did in Africa?

"Marine Corps Gen. John Kelly, commander of the US Southern Command, predicted on 8 October, that the Ebola virus will not be contained in West Africa, and if infected people flee those countries and spread the disease to Central and South America, it could cause 'mass migration into the United States' of those seeking treatment," and thus they could bring the disease with them.


Some observers, including the American President, in an August 1 press conference asserted a small risk to the United states. But, many Citizens and Medical specialists alike asked (1) why are we continuing to allow people from known Ebola-producing countries into ours? (2) can we effectively investigate those who do enter the Country, for signs of the disease? Moreover, some medical specialists suggest the idea that a patient has to be showing symptoms in order to infect people isn’t necessarily true. The doctor’s point was that you can be infected by a patient who is not showing symptoms, and thus may not know that he or she has Ebola. There are instances of that.

In a WHISTLEBLOWER DISCLOSURE (U.S. Border agent) document obtained by NATIONAL REVIEW ONLINE HTTP://WWW.NATIONALREVIEW.COM/ARTICLE/389232/BORDER-WHISTLEBLOWIN-WIND-RYAN-LOVELACE

, the agent alleges that the Federal government knowingly transported illegal immigrants to facilities that were unequipped to process them; disregarded repeated warnings from a Border Patrol agent about the public-health risks posed by the immigrants, many of whom were suffering from infectious diseases; rejected multiple offers of assistance from local officials; and suspended law-enforcement operations at part of America’s southern border while denying a Congressman’s repeated requests for information about the Government’s plan to process the immigrants and about the startling events unfolding in his district.


http://www.nationalreview.com/article/389232/border-whistleblowin-wind-ryan-lovelace

http://www.nationalreview.com/article/389232/border-whistleblowin-wind-ryan-lovelace

A recent poll from the Washington Post and ABC News (see below) shows 67% of people say they would support restricting entry to the United States from countries struggling with Ebola.” But there are also some critics of restricted entry who argue that such a course is not wise on 3 different grounds: (1) it is not fair to others in the affected African countries, who are not infected with Ebola, (2) it smacks of affecting a superiority attitude that “Americans are too good for such a disease”, and (3) a political interest in not employing border control measures, since they advocate open borders which helps them recruit future political supporters. Clearly a preponderance of Citizens feel that preventing the viral death of many Americans is a very worthy and moral goal. Moreover, these Citizens believe that Job #1 of the government is to protect the innocent lives of Americans and that this responsibility is a duty of all government workers and of the Media who must contribute by sharing the most objective news about the total story, including the views of many diverse interests.

Clearly a preponderance of Citizens feel that preventing the viral death of many Americans is a very worthy and moral goal. Moreover, these Citizens believe that Job #1 of the government is to protect the innocent lives of Americans and that this responsibility is a duty of all government workers and of the Media who must contribute by sharing the most objective news about the total story, including the views of many diverse interests.


But our U.S. government was very slow to act on many of the steps needed to maximally mitigate this crisis. Such steps included: (1) making the public AWARE at the earliest stage of the disease that the Nation’s top Leadership is aware of the potential threat and is asking for their caution (2) helping the affected Citizens COMBAT AND CONTAIN the disease (3) assuring that our own medical professionals had the best information on how to QUARANTINE AND TREAT any American patients suspected of possibly harboring or having the virus and (4) ALERTING the pharmaceutical and medical research teams to have adequate supplies of the best medications and to enhance those medications and apply them with the best current knowledge. Unfortunately the actions taken seem to show a lot of room for improvement. President Obama initially softened the message, asserting something like: “don’t worry, be happy” - - this is a problem to be dealt with over there, not here. And the head of the US Center for Disease Control first erred by leaving the impression that our first Ebola victim , a healthcare worker, was largely at fault. That explanation only angered many who believed the CDC was just shifting the blame. Moreover, at present time there were concerns expressed that the virus could be turned into a Terrorist weapon by those with whom we are presently engaged on a military front.


The CDC disease assessment was later “explained” that the Agency wasn’t sure how the individual got infected. Instead, the CDC would have to examine the protocols for patient care and update them if need be.

But Citizens have a right to demand better from their government. As noted earlier from Marine Corp General John Kelly, the potential for great tragedy, whether it befalls us or not, was present. Defending the Citizens is the No. 1 Constitutional duty that Americans delegate to their government under the Citizens’ covenant (our Constitution) with it. Both Congress and the Executive Branch (and the Military, if non-domestic elements are involved) have the sworn duty to be PREPARED for action and to be FORTHRIGHT with the Citizens from the EARLIEST moments of an official awareness of danger. This is so, even if the odds of the danger actually playing out are quite modest.

The next chart summarizes some of the Lessons to be learned from this section and the discussions of Government handing of: the Healthcare Mandates; handling of Global Terrorism; and the Ebola Virus episode. Not least of which, is that these 3 current issues, while related only in general terms seem to illustrate multiple government failures which remain ongoing - - as in recent news stories that ISIS may indeed be sitting on stocks of poison gas left over from the prior years of Iraq’s Saddam. In sum, there is much dirt and debris in our Governance closet, begging for a good broom to sweep it all clean.


L.1AffordableCare Act (ACA)

•SCOTUS ruled the ACA Individual Mandate a tax. But it didn't pass Congress as a tax. SCOTUS cannot CREATE LAW. So Citizens and Congress must insist: (1) the ACA be nullified, (2) A CA** must ensure that SCOTUS cannot create law again. •The ACA is a 3000 page heap with several 10,000's of pages more of Federal Agency Rules. No Citizen can possibly comprehend such governance. A CA** is required to limit, for all laws: (1) the # of words for any Legislation, (2) The # of bills in any Congressional Session; Furthermore, no Agency Rule is to be valid without a Congressional vote (as for any other Law).

L.2HandlingGlobalTerrorism

•The President has assumed power to initiate war without a Congressional declaration, claimimg authorization from a decade-earlier Congrssional action. This is a critical Citizen safeguard. A CA** is required that any Congressional Declaration of War is void after 2 years and requires a re-authorization continue. •The Constitutional " balance of powers" between the 3 Branches is a fundamental protection against tyranny. Article 1, section 8 gives Congress the power. If the Constitution is in anyway vague on this, then a CA** is required to change the provision to: "To declare war (and is the sole Government Branch to have this power),"

L.3Handling The Ebola Epidemic

•The Gov't. was unduly slow in recognizing the Ebola outbreak threat to American Citizens. Citizens needs seemed subordinated to other ongoing issues. A CA** is required to create an ongoing Citizens' Panel which will meet periodically with Citizens and have weekly Meetings with each Branch of Gov't to articulate and interface Citizen concerns of governance.•American border security is a critical safeguard for Americans' safety. The President has elected to not enforce selective laws in this matter. A CA** is required that failure of the President to enforce any duly authorized Congressional law shall be deemed an automatic impeachment vote by the People's House and sent directly for follow up consideration by the Senate. •The Citizens were ill served by the Gov't.'s: (1) lethargic response for preparation, and (2) informing the public fully and accurately about the health matter and plans to mitigate it. This matter would be referred to the Citizens' Panel noted above. A further CA** must specify that: (1) any non-accidental threat to Citizens' lives requires the Leaders of Congress, The President and the DOD Chairman of the Joint Chiefs thenceforth to meet weekly with the Citizens'Panel, in a televised broadcast to address the problem and ongoing progress in resolving it. Members of the Citizens'Panel would be in attendance and permitted questioning of any of the Presenters.

SOME LESSONS BASED ON OUR EXPERIENCE WITH (1) HEALTHCARE MANDATES, (2) GLOBAL TERRORISM AND (3) THE EBOLA VIRAL THREAT

Cht 9

**CA: Constitutional Amendment


The American Constitution provides a proven and moral basis for Government in a Free and Just society. It was created by our highly celebrated Founders, who in turn had read and adapted some of the best philosophical works on Governance from the preceding Millennia, including multiple religious teachings. But today, there are many signs that our hard won governance system is being ignored by those who think THEY KNOW BETTER than others who have lived, and written well about, their past experiences. In the preceding sections, some of the history and a few selected current governance issues were discussed. Some figures on the next chart show a yearly analysis of multiple Nations and assesses their governance on the basis of an Economic Freedom index. Unfortunately, this analysis confirms many of the Lessons documented earlier in this article: America is losing ground. UNITED STATES ECONOMIC FREEDOM RATINGS OVER 32 YEARS: The EFW index published in Economic Freedom of the World (CATO Institute) measures the degree to which the policies and institutions of countries are supportive of economic freedom. The cornerstones of economic freedom are personal choice, voluntary exchange, freedom to enter markets and compete, and security of the person and privately owned property. Forty-two data points are used to construct a summary index and to measure the degree of economic freedom in five broad areas:

1 Size of Government: Expenditures, Taxes, and Enterprises;2 Legal Structure and Security of Property Rights;3 Access to Sound Money;4 Freedom to Trade Internationally;5 Regulation of Credit, Labor, and Business.

After a quick look at our economic trends, we'll return to the remaining proposed Solution Steps.

SOME SOLUTION STEPS FOR AMERICA

In reviewing the Lessons summarized in this article in charts 18 and 31, and believing that the specific issues raised are only symptomatic of America's governance problems, the solutions proposed are intended to be somewhat more general than just a "band aid". Rather, the approach taken here is that our government has many broken processes, that have led to the 3 issues (of many, many) selected here. Thus the true solutions must be robust and have the endurance to fix the specific problem, prevent its reoccurrence and also prevent future problems that arise because of the same fundamental defects, including: ignoring the Constitution; failing to stand up for the Constitution when others violate it; and, assuming the Government always has the best interests of the Citizens at heart - - it does not.

Accordingly the solution steps below are framed as Constitutional Amendments, which are difficult to put in place - - but also are not subject to revocation and/or reinstatement every time a new Congress or President is elected.

Of course, Constitutional Amendments must then be well structured and have been vetted by significant and thoughtful discussion, much like the first 10 Amendments or "Bill of Rights". So, are the thoughts presented below a well-vetted summary, ready to be launched. Indeed NOT ! They are, I hope, a good start for more discussion and such discussion is happily invited from any interested Reader.

The list of some near dozen Amendments is contained in the next 7 charts.

CONCLUSIONS AND RECOMMENDED SOLUTION STEPS

It is, as has been the case in most successful societies, the Citizens themselves who must undertake the task of righting our ship of state, before the frailties of our governance grow to the point of sinking our ship.

We have written down some lessons as we go and a basis for correcting them via Constitutional Amendment. In the adjacent figure, is a correlation of the Lessons and the Amendments that shows the generic nature of the proposed Amendments, which as shown further in ref # (SPRING) includes more issues and further Amendments.

Fellow Citizens, the time for allying together and embarking on the effort to fix our governance is not for the next generation - - the time is NOW. Failure to do so can leave America to the sorrowful path of many other Nations, whose just government was left to wither and soon gave way to tyranny and mayhem. I know we are all Proud to Be An American. Now we must make America Proud of us.



Disregard Oath to Constitution - - All Officeholders

Mandated Civil Forfeiture

Right of Eminent domain

Opening up the Commerce Clause

Limit SCOTUS to Constitutionality Judgements

Reduced Regulatory Agency Scope

Gov't Debt & Budgeting

Enhanced Gov't Public TV Usage



IRS Meddling

Each Legislator Attest Constitutionality with Every Aye Vote

Disregard Oath to Constitution - - All Officeholders

Limit SCOTUS to Constitutionality Judgements

Entitlements Growth

Under-budgeting of Defense Prep


NSA Wiretap

IRA Meddling

Dis-regard Oath of Office - All Office-holders

Ultra-Complex Tax System

Entitlements Growth

Create Border Security

Lack of a Citizens' Panel

Enhanced Gov't Activites on Public TV

Under Use of Citizen Choice

Gov't Lobbyist Ultra-Easy Access


IRS Meddling


Lack of a Citizens' Panel

Ultra-Complex Tax System

Entitlements Growth

Immigration Reform

Reduced Regulatory Agency Scope

Under-budgeting of Defense Prep

Gov't Lobbyist Ultra-Easy Access

Under-use of Citizen's Choice




IRS Meddling

Dis-regard Oath of Office - All Office-holders



NSA Wiretap


IRS MeddlingDis-regard Oath of Office - All Office-holdersGov't Debt & BudgetingEntitlements Growth

Gov't lobbyist AdvantagesUnder-budgeting Defense PrepUnder-use of Citizen ChoicePromoting American Exceptionalism

Gov't Debt & BudgetingIRS MeddlingComplex tax SystemEntitlements Growth

Under-budgeting Defense PrepUnder-use of Citizen ChoiceCreate Border Security

REFERENCES

1 "Biblical Origins of American Political Philosophy", John A. Sterling, http://www.lawandliberty.org/history1.htm

2 "Locke's Theory of Resistance", Stuart Hopkins, http://www.philosophypathways.com/essays/hopkins4.html

3 "The Reformation Roots of the Social Contract", David W. Hall,http://www.acton.org/pub/religion-liberty/volume-7-number-4/reformation-roots-social-contract

4 "The Calvinist Connection", Dave Kopel, Liberty magazine, October 2008, pp. 27-31.

5 "Tocqueville and the Cultural Basis of American Democracy", Daniel Elazar, June 1999http://journals.cambridge.org/action/displayAbstract?fromPage=online&aid=8786779&fulltextType=DS&fileId=S1049096500049301

6 "Two Treatises of Government", John Lockehttp://www.sparknotes.com/philosophy/johnlocke/section2.rhtml

7 "Join the Fight to Repeal Obamacare", Ed Feulner, The Heritage Foundationhttps://www.askheritage.org/join-the-fight-to-repeal-obamacare/

. . . . Continued next page

I'm very happy to cite the following references which helped provide much of the historical information developed in this

article.

http://www.lawandliberty.org/history1.htm

http://www.philosophypathways.com/essays/hopkins4.html

http://www.acton.org/pub/religion-liberty/volume-7-number-4/reformation-roots-social-contract

http://www.acton.org/pub/religion-liberty/volume-7-number-4/reformation-roots-social-contract

http://journals.cambridge.org/action/displayAbstract?fromPage=online&aid=8786779&fulltextType=DS&fileId=S1049096500049301

http://journals.cambridge.org/action/displayAbstract?fromPage=online&aid=8786779&fulltextType=DS&fileId=S1049096500049301

http://www.sparknotes.com/philosophy/johnlocke/section2.rhtml

https://www.askheritage.org/join-the-fight-to-repeal-obamacare/

REFERENCES . . . continued

8 "On Ebola, Obama Gets an F", James J. Carafano, October 14, 2014 http://dailysignal.com/2014/10/14/ebola-obama-gets-f/

9 "Our Politics Has No Adults in Charge", Rush Limbaugh, October 14, 2014EBOLA EPISODE – LIMBAUGH

10 "Economic Freedom of the World", James Gwartney et al, CATO Institutehttp://www.cato.org/economic-freedom-world

http://dailysignal.com/2014/10/14/ebola-obama-gets-f/

http://www.cato.org/economic-freedom-world

THE ENDACTUALLY, IT’S NOT THE END - - YOUR VOICE IS IMPORTANT TO OUR NATION. CITIZEN INTEREST, DIALOG AND DATA ARE CRITICAL TO GOOD CIVIC OUTCOMES. AND THAT INCLUDES OUTCOMES WHICH SIMPLY ASSURE PROPER CONDITIONS FOR THE FREE MARKET TO WORK.

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