Showing posts with label Constitution. Show all posts
Showing posts with label Constitution. Show all posts

Sunday, July 18, 2010

2010 Federalist. No. 14, Taxes

2010 Federalist. No. 14, Taxes


Following World War II and the Korean War, the United States had raised tax rates to an all time high. When John Kennedy entered office in 1961, the top tax rate was 91%. The lowest tax rate was 20%; the government only allowed the lowest earning Citizens to keep 80% of the money that they earned and only 9% for the highest wage earners. The federal government took the rest. How did this happen?

Article. 1. Section. 8. of the Constitution states:

The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;
In other words, Congress has the right to tax us, but it must be uniform throughout the United States. Everybody pays the same.

Article. 1. Section. 9. states:

No Capitation, or other direct, Tax shall be laid, unless in Proportion to the Census or enumeration herein before directed to be taken.
In other words, all taxes were to be in proportion with the Census. Everybody was to be treated equally. Notice that all taxes were to be equal on all people. Everybody paid an equal share. Obviously that does not work. Some always have more making it equally true that some always have less.

FEDERALIST No. 10, James Madison wrote

The apportionment of taxes on the various descriptions of property is an act which seems to require the most exact impartiality; yet there is, perhaps, no legislative act in which greater opportunity and temptation are given to a predominant party to trample on the rules of justice. Every shilling with which they overburden the inferior number, is a shilling saved to their own pockets.
Clearly he says that it is tantamount to tax all with exact impartiality, everybody the same, but that we must use extreme caution, because taxation is always the favorite tool for ruling parties to punish their adversaries. Taking extra money from the weaker groups, allows the in-power party to pay less of their own money in taxes. Madison recognized the mantra of Progressivism early on. Whenever possible, I will do good with your money, but not mine. He is warning us to look after our checkbooks to protect ourselves from the ruling class. (See 2010 Federalist No. 3)

At this point, everybody paid the same share. Everybody held an equal stake in the operation of the federal government. Everybody was vested equally. This was changed by the 16th Amendment.

Amendment. XVI.

Passed by Congress July 2, 1909. Ratified February 3, 1913.

Note: Article I, section 9, of the Constitution was modified by amendment 16.

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.
After February 3, 1913, Congress had the power to tax incomes without relation to the Census and without regard to any apportionment between States. Forget that equal investiture! Now Congress has the ability to discriminate between classes to tax some people and not others. Granted that if they taxed all income the same, that might be fair, but they do not do that. James Madison’s fears in Federalist No. 10 just came true. People who worked hard were punished. People who did not work were rewarded. The goal was to tax the rich. Wealth redistribution had begun.

Following in John Kennedy’s footsteps, Ronald Reagan managed to bring large reductions in the tax rates. This also leveled the playing field somewhat. More money was left with the earners who spent it more freely. More money was circulated, and incomes for everybody rose. But while Reagan’s tax cuts were in effect, the Congress continued to raise spending. The government had more income but much more outgo. Deficits grew. Soon the Congress was raising the tax rates again. Both George H. Bush and Bill Clinton agreed to historic increases in tax rates. George W. Bush managed to pass cuts, but they were temporary, and Obama and the current Congress intend to let them expire. Rates are going up, way up.

The problem with tax increases, is that the American public cannot keep paying higher taxes. There is a limit. That leaves cutting spending. Cutting spending is the better choice since it would also drive job creation. While doing this, we need to achieve some fairness in taxation while not punishing the earners at the expense of jobs. The income tax plan is unfair. The top 1% of earners pay 39% of all taxes, the top 25% pay 86%, the top 50% pay 97%.

One solution would be a national sales tax in place of an income tax, revenues would be distributed throughout our economy based on what people choose to spend. Those spending more would pay more, but everybody pays the same rate. Now everybody is invested again, just like the Constitution envisioned originally.

This has several other benefits.

1. Nearly every state has a sales tax. They all have a collection system set up to collect it.

2. The Internal Revenue Service would not be needed other than those few personnel who would monitor the states collections.

3. The tax rules and regulations would be outdated and useless. The agency itself would be redundant.

4. Revenues would come in a steady stream each month as they are collected rather than once a year on April 15th.

5. Savings and preparations for retirement would not be taxed.

6. Each individual would be able to choose his tax rate by what assets he purchases.

Let the States collect the sales tax for the country. Eliminate the entire tax bureaucracy, make collections easier, fairer, quick and continuous. Imagine the savings this would bring immediately.
Citizen 2010

2010 Federalist. No. 13, States’ Rights

2010 Federalist. No. 13, States’ Rights


Article. 1., Section. 3. of the Constitution establishes how the Senate is to be established and chosen. There are several things very important here.

1. Each State gets 2, and they were to be chosen by the legislature of each state, not directly elected by the people.
2. They are elected for 6 years. One-third of the Senate is elected each 2 years causing the terms of all the Senate to be overlapping. If vacancies happen, the governor of the state shall appoint an interim Senator until the legislature convenes and can elect a replacement.
3. The Vice-President of the United States is the President of the Senate, but he cannot vote unless there is a deadlock because of a tie vote.
4. No politcal party was mentioned. No retirement benefits were mentioned.
Secton. 7. establises that all bills raising Revenue shall originate in the House.

Section. 8. lists the things that Congress has the power to do.

Section. 9. lists all the things Congress cannot do.

Section. 10. lists all the things States cannot do.

The first 10 Amendments are called the Bill of Rights. They list the rights, those things handed down from God, not created by government or handed down from government, directly to the people and the states. These rights are not to be violated by the federal government. All ten were considered and ratified together as a single document. They form the basic set of personal rights that are not to be denied citizens under any circumstances.

Amendment IX

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
In other words, those rights listed here may not be the only rights and just because they are not listed here, does not mean they are not present or can be usurped by the federal government.

Amendment X

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
In other words, if the power to do something was not spelled out in the Constitution as belonging to the United States, and not prohibited by the Constitution to the individual States, they are reserved for the States or to the people. The United States has only those powers specifically granted by the Constitution, no others. In all other circumstances, the States or the People are supreme. This is the paragraph that establishes States’ Rights. Notice that the default is to the States, not to the federal government.

The Constitution establishes Congress first, before the Executive or Judicial branch. It does this because it intends for Congress to be the most important of all three branches and for a very good reason. Congress is responsible directly to the people and the states. And the authority of the people and the States are to be protected. Remember the Preamble and We the People.

Why are States’ rights important? Why do they need to be protected? In Federalist. No. 45, James Madison wrote:

The powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite. The former will be exercised principally on external objects, as war, peace, negotiation, and foreign commerce; with which last the power of taxation will, for the most part, be connected. The powers reserved to the several States will extend to all the objects which, in the ordinary course of affairs, concern the lives, liberties, and properties of the people, and the internal order, improvement, and prosperity of the State.
But since that writing, things have changed. Notice that the Senate was to be elected by the State Legislatures, not directly by the people. The 17th Amendment changed that.

17th Amendment

Passed by Congress May 13, 1912. Ratified April 8, 1913.

Note: Article I, section 3, of the Constitution was modified by the 17th amendment.

The Senate of the United States shall be composed of two Senators from each State, elected by the people thereof, for six years; and each Senator shall have one vote. The electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State legislatures.

When vacancies happen in the representation of any State in the Senate, the executive authority of such State shall issue writs of election to fill such vacancies: Provided, That the legislature of any State may empower the executive thereof to make temporary appointments until the people fill the vacancies by election as the legislature may direct.

This amendment shall not be so construed as to affect the election or term of any Senator chosen before it becomes valid as part of the Constitution.
Some reasons why it passed were listed as an attempt to get the government closer to the people, some consecutive state legislatures sent different Senators to Congress and the local elections were questionable due to bribery and corruption. It created some immediate problems. The candidates now had hundreds of thousands or millions of constituents, campaign finances became an issue and larger staffs were needed both at home and in Washington.

Today, States’ Rights and the loss of status of States to the federal government is a common discussion point because it is a huge problem. The federal govenrment has found a new way to make themselves heroes while leaving all the onorous tasks of collecting taxes and enforcing unpopular laws to the States. This is called Unfunded Mandates. They Mandate that States and other local govenments like school districts and Cities do something, but they leave it to the States to set up the bureaucracies, implement the laws, and pay for the whole mess. They do this under the commerce clause in Article. 1. Section. 8. of the Constitution. See the partial list below as of 2004 totaling nearly $30 billion dollars. It is much worse today. From the Free Library:

THE 8 WORST OFFENDERS

Minimum

FY 2004 Gap (in millions)

Individuals with Disabilities $10,087

Education Act (IDEA)

No Child Left Behind (NCLB) 9,600

State Drug Costs for 6,000

Dual-Eligibles

Help America Vote Act (HAVA) 2,400

Environment 1,000

State Criminal Alien 350

Assistance Program (SCAAP)

Food Stamps 197

Transportation Sanctions 19


Total $29,303
Source: www.ncsl.org/programs/press/2004/pr040310.htm

THE COST TO THE STATES OF SELECTED * UNFUNDED FEDERAL MANDATES

State Total State Gap (FY 2004 in millions)

Alabama $359

Alaska 69

Arizona 332

Arkansas 219

California 3,160

Colorado 302

Connecticut 309

Delaware 72

D.C. 62

Florida 1,425

Georgia 650

Hawaii 82

Idaho 91

Illinois 1,040

Indiana 480

Iowa 212

Kansas 211

Kentucky 395

Louisiana 421

Maine 125

Maryland 396

Massachusetts 666

Michigan 812

Minnesota 403

Mississippi 282

Missouri 522

Montana 75

Nebraska 141

Nevada 123

New Hampshire 98

New Jersey 743

New Mexico 167

New York 2,191

North Carolina 687

North Dakota 60

Ohio 927

Oklahoma 267

Oregon 273

Pennsylvania 992

Rhode Island 107

South Carolina 344

South Dakota 67

Tennessee 433

Texas 1,830

Utah 152

Vermont 72

Virginia 526

Washington 456

West Virginia 158

Wisconsin 424

Wyoming 57
Total $24,400

* Does not include mandates in environmental programs, SCAAP and some programs authorized in the NCLB Act.

Source: Federal Funds Information for States and the National Conference of State Legislatures, Washington, D.C., March 2004.

Additionally, today, California, Michigan, Ohio and New York are on the verge of bankruptcy, because they have not been frugal or even half smart about how they spend their tax money. When this happens, it will be left to the other States to bail them out. How is this fair or reasonable to those who have not been so lavish with other people’s money? How does this happen? Who in the federal government protects the States? What happened to States’ Rights? Allowing the Senate to be elected directly by the people killed States’ rights. As James Madison stated in Federalist 39,

The Senate, on the other hand, will derive its powers from the States, as political and coequal societies; and these will be represented on the principle of equality in the Senate, as they now are in the existing Congress. So far the government is FEDERAL, not NATIONAL.
Then along came the 17th Amendment, and ever since, States’ Rights have been on the decline. Why is simple. There is no body in the Congress today to protect the states from the federal government. By removing the senators from the oversight by the legislatures, the guardians of States’ Rights were sent home – for good. Who in his right mind, having a large treasure, would summarily dismiss his guards leaving the treasure to be pilfered? The American people did on April 8, 1913. It is easy to understand why the problems listed above seemed insurmountable in 1912. But it is just as easy today to see why they are now easy to control. Open and instant communication is the norm today. If the 17th Amendment were repealed, we would automatically have a complete House of Congress, the Senate, as champions of States’ Rights. There would be no unfunded mandates. We would also fix the other changes mentioned in the excerpt above. Senators would no longer have to cater to hundreds of thousands or millions of individuals with all the emcumbent needs and potential corruption for campaign funds and costs of staffs. Lobbyists for the Senate would be in the various state legislatures, not in Washington, D.C. Senators would be calling home to get direction on votes, not relying on documents prepared by lawyers, lobbyists and staff.

The Senate was to protect the States from the federal government. But we changed that, and today the states have no protective body. The 17th Amendment should be overturned and the election of Senators should be returned to the respective legislatures.

Citizen 2010

2010 Federalist. No. 12, Professional Office Holders

2010 Federalist. No. 12, Professional Office Holders


Article. 1. of the Constitution establishes the three branches of government. Section. 1. establishes Congress. It is first because it is most important among the 3. It is divided into 2 parts, the Senate and the House of Representatives. They are to be equal in the enactment of laws, but different in other aspects.

Section. 2. establishes how the House of Representatives is to be established and chosen. There are several things very important here.

1. The entire body is to be chosen every two years. They are to be elected from the states in which they reside by the citizens within their respective districts. Terms are relatively short. But that also means that they must remain responsible to the people that they represent lest they be replaced. This is the original form of term limits.
2. The House of Representatives was designed to be the largest of all the branches of government. This is because they directly represent each division or district within their state. They were apportioned based on the population of the country and their state. They are the one group of government who are directly responsible to the people they represent. When vacancies occurr, new elections are to be held so that the Representative remains loyal to his constituency.
3. No politcal party was mentioned. No retirement benefits were mentioned.
Section. 3. establishes how the Senate is to be established and chosen. There are several things very important here.

1. Each State gets 2, and they were to be chosen by the legislature of each state, not directly elected by the people.
2. They are elected for 6 years. One-third of the Senate is elected each 2 years causing the terms of all the Senate to be overlapping. If vacancies happen, the governor of the state shall appoint an interim Senator until the legislature convenes and can elect a replacement.
3. The Vice-President of the United States is the President of the Senate, but he cannot vote unless there is a deadlock because of a tie vote.
4. No politcal party was mentioned. No retirement benefits were mentioned.
Section. 4. establishes that the elections are to take place in the states, and that Congress is to meet at least once a year. Notice that it does not say continuously, but at least once a year. Congress was not meant to be a full time job.

Section. 5. states that each House is to judge their own elections, set their own rules, judge members’ qualifications and keep journals. It also says they have to meet at the same time so that business will be done expeditiously.

The Constitution establishes Congress first, before the Executive or Judicial branch. It does this because it intends for Congress to be the most important of all three branches and for a very good reason. Congress is responsible directly to the people and the states. And the authority of the people and of the States are to be protected. Remember the Preamble and “We the People”.

Notice that the Senate was to be elected by the State Legislatures, not directly by the people. The 17th Amendment changed that.

17th Amendment

Passed by Congress May 13, 1912. Ratified April 8, 1913.

Note: Article I, section 3, of the Constitution was modified by the 17th amendment.

The Senate of the United States shall be composed of two Senators from each State, elected by the people thereof, for six years; and each Senator shall have one vote. The electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State legislatures.

When vacancies happen in the representation of any State in the Senate, the executive authority of such State shall issue writs of election to fill such vacancies: Provided, That the legislature of any State may empower the executive thereof to make temporary appointments until the people fill the vacancies by election as the legislature may direct.

This amendment shall not be so construed as to affect the election or term of any Senator chosen before it becomes valid as part of the Constitution.

The two main political parties, the republicans and democrats dominate our election process. The Constitution did not arrange that. Money did. Money also made our Congressional offices desireable to “professional” Congressmen and Senators. That is not what the founders had in mind. FEDERALIST No. 53. states

No man can be a competent legislator who does not add to an upright intention and a sound judgment a certain degree of knowledge of the subjects on which he is to legislate. A part of this knowledge may be acquired by means of information which lie within the compass of men in private as well as public stations. Another part can only be attained, or at least thoroughly attained, by actual experience in the station which requires the use of it. The period of service, ought, therefore, in all such cases, to bear some proportion to the extent of practical knowledge requisite to the due performance of the service. The period of legislative service established in most of the States for the more numerous branch is, as we have seen, one year. The question then may be put into this simple form: does the period of two years bear no greater proportion to the knowledge requisite for federal legislation than one year does to the knowledge requisite for State legislation? The very statement of the question, in this form, suggests the answer that ought to be given to it.
I would suggest that Publius is more correct than most members of Congress would like to admit. If one has become a professional Congressman, how does he become knowledgable of the subjects on which he is to legislate? The argument against this two year term was for a shorter term to further restrict professional office holders and to allow more citizens to participate.

Another problem is that once the Congressman becomes a professional office holder, he prioritizes incorrectly. First is keeping his job, second is garnering power within Congress, third is what he can do to look good for reelection or what is best to make him look good and stately to his constituents. All three of these items are about government and power, and they lead to the government becoming more powerful. The more powerful they become, the more things they have to oversee leading to them becoming more ingrained in our every day lives. Somewhere along the way, they forget that their first priority is to protect us from the government. In the bigger scheme of things, the government does not help people. It harms them. It takes their hard earned money. It continually increases the number of government jobs through ever growing bureaucracies, jobs that do not create wealth, but rather destruct it. Ronald Reagan once said that the worst thing you could hear was someone knocking on your door and announcing that they are from the government and there to help you. Government is basically bad, taking our treasures and diminishing our personal wealth. Some of it is necessary, but it must be held to the bare minimum. That is why our founders made it so hard to get a law passed, and it is why they set up the House of Representatives to be directly elected by the people with a two year term so that they had to seek office regularly answering to the people in their districts.

The first job of the House of Representatives is to protect the people from the federal government, not the other way around. That means shrinking government, cutting government jobs, reducing bureaucracies and getting the goernment out of our every day lives. This is contrary to what a professional office holder wants to do. It runs contrary to his quest for power within his chosen profession. We elect them. But we cannot oversee them except to express our unhappiness with their actions, and we cannot bring them home until election time. Once they become professional office holders, their loyalty lies with the office or government, not the populace that they represent. Lately there has been much talk about term limits and how to better control the professional office holders. How do we get back to a citizen Congress?

The issue has become much more serious now that Congress has become a home for professional office holders. Originally, Congressmen received $6.00 per day. Today they get $174,000 per year. The Speaker receives $223,500 and the Majority and Minority Leaders receive $193,400. They set their own salaries. There are expenses that are covered as well as all of their health care. They get Social Security benefits, and they can pay into the Federal Employees Retirement System. That will allow them to receive up to 80% of their 3 highest years of salary after 20 years of service. This counts military service, too, before they ever held an office in the government.

Congressmen are allowed over $2,000,000 annually for staff and office expenses. Additionally, they receive expenses for domestic travel, stationary, newsletters, overseas telephones, foreign travel, postage, etc. Their outside employment is limited to 15% of their salary, but they cannot receive compensation for employment in real estate, insurance sales, the practice of law, medical practice, or service as an officer or board member.

One path toward correcting this flaw would be to stop the retirement benefits, cut the expenses and limit their pay. We need a path that returns the Congress to a part time job. By reducing their influence on our lives and returning to part time, the amount of money will shrink as will the amount of money flowing through the political parties. This will lead to less influence by the parties. A good plan, one that would ensure term limits would be to:

1. Reduce Congressional pay to a per diem of something like $1,500 or even $3,000 per day for each day that they are present while the Congress is in session. This includes all expenses; no other amount is to be paid. Reduce their office space. They will not need as many people in Washington once they are part timers.

2. Allow Congressmen to continue in their respective careers while serving in Congress. When Congress is not in session, they are free to engage in whatever business they wish for whatever amount of earnings to which they are entitled. One would assume that the highest proficiency of any individual is in his chosen and professional career. (See FEDERALIST No. 53 above) That should properly be the drive that causes him to aspire to a Congressional position in the first place. That is where his requisite knowledge for doing his job originates. He should be allowed to pursue that and hone it for whatever benefit it will provide him and the United States of America as a Congressman.

3. Allow no retirement benefits from the federal government. This will encourage all Congressmen to return to private enterprises rather than government service. Even if the Congressman has a strong desire to serve, his tenure will not be permanent.



Citizen 2010

2010 Federalist. No. 11, The Constitution of the United States of America

2010 Federalist. No. 11, The Constitution of the United States of America


The preamble to the Constitution states: “We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.” That is all. There is no more.

There is no law here. It merely points out what is being done and by this that it will be the authority on what can be done in the future to establish laws and effect all things within the Union. In other words, the Constitution is the final word on how “We the People of the United States” will rule ourselves and the affairs of our country. This is important because “We the People” are making these decisions, not George the King, Pope Pius VI, or Alexander the Great. Not the House of Representatives, the Senate, the Supreme Court nor the President, but We the People. The Constitution was written by us and for us, not any one person, not any office, not any political party and not any interest group.

To inforce this idea, the preamble actually points out that in addition to setting up the normal things that a government would do, “form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare”, we also secured “the Blessings of Liberty to ourselves and our Posterity.” This says that liberty for us and our children is as important as any other part of this document. It is to be secured and protected from all who would take it away from us, foreign or domestic.

Some have hailed this as the greatest document ever written. It has been hailed as a marvel of clairty and brevity. Hand written, it was only 4 pages long. All the amendments make up about another 4 pages. As great at it is, maybe even owing to its greatness, the Constitution has been under attack almost since it was written. Attacks on the Constitution are attacks on us, the people it represents and protects. Many times we have been lulled into thinking that laws, orders and amendments are only opportunities to better refine how the Constitution works or should work. But it is tantamount on us to understand what it says and what it does not say. The following several essays will point out some attacks that need to be repelled.

Citizen 2010