These United States Of..... WARPH??

Started by Warph, December 06, 2009, 12:27:37 PM

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Warph

"If ever a time should come, when vain and aspiring men shall possess the highest seats in Government, our country will stand in need of its experienced patriots to prevent its ruin."

Samuel Adams, 1776



The issues in America are systemic and the reality is they can only be solved by Americans coming together and solving them in a systematic manner, not by bickering amongst themselves but by extending hands to one another in friendship and a trust built on the fact that while they may not agree politically on every issue, they do agree on the fact this nation is more than any one individual or individuals.   It is all too obvious that the "power" of the vote is not working.   With no term limits, the culture of corruption and abuse has changed OUR Federal Government into a National Government Oligarchy, a government which power is in the hands of a few, no longer representing "We The People" as a whole, rather representing self and special interests in the name of Political Correctness, Social Engineering, and Centralized Power!  They have taken complete control of our states, using OUR money and Constitutional loopholes to justify "their way or the highway."



***Article V of the Constitution of the United States:

The Congress, whenever two-thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two-thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as part of this Constitution, when ratified by the Legislatures of three-fourths of the several States, or by Conventions in three-fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress; Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the First Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate.



The Article requires that the legislatures of two-thirds of the states apply for an Article V Convention. According to Hamilton, Madison and other Founders, along with several US Supreme Court decisions, Congress is then obliged to call a Convention for Proposing Amendments. The states would send delegates to the convention who would in turn propose amendments directly, bypassing Congress.

One thing is perfectly clear: Article V gives the States Assembled in Convention the same proposal rights as Congress -- no more, no less. And no matter whether an amendment originates with Congress or a Convention for Proposing Amendments, it must be ratified by three-fourths of the states before it can become part of the Constitution.

Fearing a tyrannical Congress would block the amendment process, the Framers formulated Article V, wording it so as to fence off the Constitution from hostile or careless hands. They were careful to enumerate Three Forbidden Subjects.

1. Altering the arrangement known as slavery until 1808, a ban that has been lifted both by time and war.

2. Altering the arrangement of equal representation in the Senate.

3. Writing a new constitution.

The Framers took great pains to avoid using the term "constitutional convention". Instead, the Founding Document refers to a "Convention for proposing Amendments...as part of this Constitution". An Article V Convention is strictly limited to proposing amendments to the Constitution of 1787, and it is forbidden to consider, compose, or even discuss a new constitution. No matter what amendments may be proposed, the Constitution must remain intact, else the actions of the convention become unconstitutional. Unless Article V is amended first to allow it, a Convention for Proposing Amendments can never become a true constitutional convention, i.e., it can never write a new constitution. And neither can Congress



How It Would Work:

Delegates would be elected by the people, not appointed by a governor or state legislature. The sovereignty possessed by an Article V Convention is identical and equal to Congress' as far as the mandatory process is concerned. As citizens are elected to Congress, Delegates would be apportioned to the states on the basis of population according to the Supreme Court's "one man/one vote" decision. One possible formula would elect a delegate from each congressional district and two from each state, thus reflecting the makeup of the Electoral College.  

An Article V Convention is the property of the states, and the language used by the states to request Congress to call a convention defines the purview of that convention. In its petitioning language, the states may ask for a convention to address one subject, a plethora of subjects, or even ask for a general convention to address any subject, i.e. a revision of the Constitution.

Upon convening, a Convention for Proposing Amendments would elect its own officers and establish its own rules of order. Because an Article V Convention, during the brief period of its existence, possesses the same sovereignty as the other three branches of government, Congress would not have the right to regulate it or restrict its purview. There is nothing threatening here, because according to Article V, Congress possesses identical powers.

Amendment proposals would go through deliberation and vigorous debate as would any amendment proposed in Congress. The convention would determine the bar for approving an amendment proposal to pass it on to the states for ratification. This could be a simple majority, a two-thirds majority, or anything that the convention chose.

Once all amendment proposals had been passed to the states for ratification or rejected, the convention would adjourn permanently, and the delegates would become ordinary citizens again.

Congress would then submit the proposed amendments to the Several States by deciding whether the states should use the Legislative Method or Ratifying Convention Method of ratification.

If Congress chooses the Ratifying Convention Method, each state would hold an election for delegates to its state ratifying convention, which would be apportioned according to population.

Each state legislature (or state ratifying convention, if Congress so chose) would vote up or down on each proposed amendment. If three-fourths of the states ratified an amendment proposal, it would become part of the Constitution.





Proposed amendments and repeals needed to restore the United States of America:


1. Congress can no longer farm out their Constitutional duties. i.e. to coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures; to establish Post Offices and Post Roads., abolishing the Federal Reserve and operating the Post Office without debt.

2. Congress will no longer collect any funding, (taxes, fees, tariffs nor levies) from any American, individual nor company directly.  They shall do a Federal budget then submit it to the Supreme Court for Constitutionality then, if deemed Constitutional, shall be available for public review at least seven days prior to a vote with at least 2/3's vote from both houses.  If signed by the President, all rules and regulations to enforce that law shall get the same review before becoming law.  Then an invoice shall be sent to each state for payment based on that State's population. Each State shall have no more than 30 days to remit payment.  The federal debt shall be added to the bill to the States at a rate of 5% per year plus interest until paid.  The Federal Government shall borrow nothing, excluding periods when our nation is imminently at risk of war with another country or a recognized military unit.

3. Repeal the 16th Amendment: The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration.

4. Forbid income based taxation by any government or government agency ...Federal, State or Local. Income includes, but not limited to inheritance, winnings and gifts of any kind.

5. Establish term limits for both Federal houses, the Senate and House.

6. The Federal Government shall promote the general Welfare ...defining promote as: To urge the adoption of; advocate. The Federal Government shall not control, manage, regulate or pay for any welfare or social programs.  A process of getting out of any such programs shall be established and implemented on a first priority bases, differing them to the States.  This includes, but not limited to Social Security, Medicare, Medicaid, education, housing, welfare, health, environment,
energy, labor, and transportation, with an exception for Interstate Highways as a National Defense matter.

7. No government or government agency ...Federal, State or Local shall impede a completely free press at all times, including the Internet.  With the exception of establishing a .xxx Internet domain (e.g., www.notforkids.xxx) and imposing steep fines and significant jail time for all sites that provide access to pornographic or extreme violence material outside of this domain . The terms
pornographic and extreme violence has to be defined.

8. Federal Government initiatives, like national parks, highways, licensing of the airwaves, etc. shall be the states responsibility.  With an exception for Interstate Highways as a National Defense matter.

9. The Federal Government shall not financially assistance any private company or organization.

10. Establish a presidential line item veto.

11. States' rights over Federal rights at least 90% of the time.

12. Establish Congressional pay, indexing the salary, and replacing the Congressional pension with a standard 401k retirement plan.

13. Guiding principles shall always override technicalities and special interests/extremist groups.

14. Re-establish and re-clarify equal rights for all over special rights for a few (e.g. prisoners, seniors, students, gays, and minorities)

15. All Federal Government programs shall have a clearly established objective and an end date of no more than ten years from the date of creation.

16. All legislation shall be limited to one subject.

17. Establish a maximum limit amount of foreign aid provided to any one country, in any year, and only allow any one country to receive funds for a maximum of two years in any five year period, excepting those nations in a declared war with a foreign enemy or a genocidal situation.

18. Limit foreign aid to ten or less countries in any year.

19. Federal budget shall not include any item whose benefit is primarily for a single state (e.g., a bridge in Alaska, or a levee in Louisiana).

20. English shall be our national language.  English shall be the exclusive language used in all public institutions and on all public
material.

21. All public institutions and on all public material shall not refer to the word marriage.  Civil Union shall be used instead.  Marriage is a religious event and shall be separated from state.

22. Preservation of human life and personal property shall take precedence over the welfare of any plant or animal regardless of its status as protected or endangered.

23. Establish when the moment of life begins, then re-affirm that the un-natural ending of life is murder.

24. Clarify the right of all American citizens to bear arms once and for all.  Every American citizen has the right to carry a concealed weapon, excluding those who have been convicted of a felony or deemed to be incompetent by a non-government recognized professional.

25. Final legislation shall be reviewed by the Supreme Court for Constitutionality then, if deemed Constitutional, shall be available for public review at least seven days prior to a vote.  If signed by the President, all rules and regulations to enforce that law shall get the same review before becoming law.

26. Making financial promises and/or guarantees while campaigning for any elected office shall be strictly forbidden.

27. Specifically affirm that we are a nation under God, that all men are endowed by their Creator (God of choice or lack their of) with certain unalienable Rights, that We the People of the United States have been blessed by our Creator, (God of choice or lack their of) the right of Liberty for ourselves and our Posterity, that our creator (God of choice or lack their of) is welcome in all that we do, but no person can be forced to participate into worship or any religion at any time or in any way.

Religious or spiritual activities on local, state, and federal property (such as schools, libraries, and municipal buildings), shall be at the discretion of the members of each site.

28. The legalization and regulation marijuana shall be the same as alcohol.

29. The National Guard of each State shall be completely controlled by the States they are in, except in time of a declared war and may be used to control our borders and prevent illegal immigration and as the States Militia as called for in the Constitution.

30. Deployment of United States troops shall be limited to 10,000, including support personnel, for a maximum of three years, in any country which we are not at war with and have not been for any of the last ten years.

31. Total military spending shall be no more than 3% of GDP, excluding periods when our nation is imminently at risk of war with another country or a recognized military unit.

32. Total foreign aid contributions shall be no more than the average contributions of the leading countries in the world in absolute dollars.

33. All people who commit a crime against a U.S. citizen who are not U.S. citizens shall be processed in military tribunals, not the U.S. legal/justice system.

34. A "Law of Common Sense" shall require judges to hold individuals accountable for their actions, particularly when the predominant majority of society would have known better.

35. The worst 5% of judges each year, determined by the number of decisions overturned by a higher court, shall be removed.

36. Only the Constitution and the laws of the United States shall be considered when deciding cases or writing opinions, judges shall not apply the "standards" of international behavior.

37. Lawyers shall not knowingly misrepresent the truth to defend their client.

38. Establish a maximum timeline for all criminal cases, ensuring that court proceedings begin within three months and end within one year, that appeals extend no more than two years through the highest court possible, and that both the defense and prosecution must adhere to the timeline with penalty of contempt of court charges and license revocation if they do not – including death penalty cases.  

39. People who entering the United States illegally shall not receive any government benefits, federal, state or local, directly or indirectly.  Any and all such agencies shall enforce all laws of the land.

40. Establish a Guest Worker Program that allows non-U.S. citizens to work in the United States for no more than five years.

41. Require those who have entered our country illegally to leave the country, when caught by any law enforcement agency.

42. The number of immigrants who can become citizens in any single year shall be no more than one percent of the population of the United States.

43. Citizenship to a child born in this country, whose mother is not a U.S. citizen, not married to a U.S. citizen, or not in the country legally shall not be granted.

44. Those in the United States illegally shall not have any of the rights granted to U.S. citizens, other than the right to humane treatment.

45. Employers shall be fined at least 3% of their gross receipts if they hire illegal immigrants not registered as "Guest Workers" on their first offense.  Fine percentage shall double for each offense thereafter.

46. An Instant Runoff Vote for all Federal elections (e.g. President, Senate, and House of Representative) shall be done whenever a runoff vote is needed.


Merry Christmas, Patriots!   ;)  ;)  ;)
"Every once in a while I just have a compelling need to shoot my mouth off." 
--Warph

"If you don't have a sense of humor, you probably don't have any sense at all."
-- Warph

"A gun is like a parachute.  If you need one, and don't have one, you'll probably never need one again."

redcliffsw


Warph, your proposed amendments and repeals make a lot of sense.
The country ought to be working and moving forward on your proposals
instead of embracing issues like health care and global warming.
Thank you.

mtcookson

Those sound great to me... lets get this going! ;D

Varmit

13 and 21 are at odds with each other.

23 leaves way to much open for interpretation, life begins at conception, period.  Also, anyone that has a terminal illness or is in great cronic pain should have the liberty to end their life, if they so choose.

I think 24 should go further than just "concealed weapons".  I feel that it should include a prohibition against setting firearm laws based on weapon types.

25- I don't trust the supreme court on Constitutional matters.  They have been too wishy-washy on the issue in the past.  I think that maybe setting up a Non-governmental body or Constitutional board would a better way to go.

27 - I think that the issue of religious displays or activities on state or gov't property should be left up to the Citizens of that area and decided on with a vote, not just left up to the individuals in charge of that area.

29 - again leaves to much open.  I think that the wording should be a little more direct, for example, "At no time will the National Guard or State Militias fall under Federal Government control."

30 - Given the state of world affairs lately this clause is flawed although well-meaning.  Take Afghanistan, we are not at war with the country but we certainly need more than 10,000 to combat the Taliban and Al-Qudea holdouts.

31 - Military spending should not be limited.  Whatever is nessecary to keep us as the leading country in terms of military might.  When you enter into a war you need to have the best equipment, troops, whatever.  At that point it is to late to start developing these things, you need to have them at the ready.

43 - Leaves the mother soley responsible.  I don't agree with that.  I that that if either of the parents are U.S. citizens then citizenship should be bestowed upon the child.

It is high time we eased the drought suffered by the Tree of Liberty. Let us not stand and suffer the bonds of tyranny, nor ignorance, laziness, cowardice. It is better that we die in our cause then to say that we took counsel among these.

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