CONVENTION of STATES

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Today, authorized by Article V of the Constitution, a successful Convention of States is restricted by the political views of a 38 State majority (75%) regarding what new, proposed Amendments conceived during the Convention would pass the ratification muster of 38 States. This requirement prevents what many hysterical, highly liberal (even Socialist), polemical, university professors call a "runaway convention". In other words, only proposed Amendments that are agreed upon by a 38 State majority during the Convention would be submitted to States for ratification.

KNOW THIS: the federal government will not fix the power imbalance voluntarily ! The States must forcefully redirect and restrict and bind the federal government to the Constitution and its legally written boundaries.

It remains to be realized whether CONgress will finally eliminate all of the wasteful, fraudulent, duplicative spending from the Budget. For the inevitable Convention of States, authorized by Article V of the Constitution, I would propose the following multi-clause amendment, the 28th, with title: THE LIMITS AMENDMENT.

1. This amendment would LIMIT the Terms of Congress, the Supreme Court Justices, and the entire federal Judiciary to 12 years. Since the appointments of Judges will occur at different times, the end of terms will occur at different times. The longest sitting SCOTUS Justice exceeding 12 years will, with appropriate time, retire first, and when a new replacement is confirmed, the next longest sitting will retire until all Justices terms are less than 12 years.

   The Amendment would LIMIT the Terms of ALL federal employees to 20 years. Existing employees with more than 20 years must arrange for retirement and depart.

2. The 17th Amendment to the Constitution is hereby repealed. U.S. Senators will be selected by their State Legislature of residence. See "An Amendment to Restore the Senate" in Mark Levin's The Liberty Amendments. Mark Levin wrote about the 17th Amendment:

   AN AMENDMENT TO THE U.S. Constitution that was sold as a cleansing and tranformative expansion of popular democracy is actually an object lesson in the malignancy of the Progressive mind-set and its destructive impact on the way we practice self-government in a twenty-first century, post-constitutional nation.

   The 17th Amendment was ratified April 8, 1913 during the presidency of Woody Wilson, the most Progressive president during the Progressive Era (1895-1921). During this period the socialistically envious people of the USA ratified the 16th Amendment (income tax which is punishment for success), the Federal Reserve (the cause of the Depression, 1929-1941 and most financial recessions), and the Volstead Act (Prohibition, the mother of organized crime).

   These disastrous events have irreparably altered, even destroyed, the original intent of the Founders by enabling a few power-hungry, wealth-jealous losers to gain control of the electorate's thinking, scamming them into voting for freedom-ending Amendments. America's greatness has always been based on intelligence, know-how knowledge, creativity, integrity, and the creation of wealth through superior products and services. These Acts have set the foundation for today's run-away federal government. Later, FDR completed the transformation to a Soviet-style, centralized planning government.

3. Currently, Union membership is mandatory as a condition of government employment. Limits Amendment would make government Union membership a matter of choice, i.e., voluntary. Afterwards, if Unions force non-Union employees to do anything other than their job, then Unions would be outlawed because of insubordination. There is NO 1st Amendment violation since all have the freedom to assemble peaceably. Employees should have the right to NOT assemble if they so choose.
4. The Amendment would LIMIT the appeal process for termination of government employees, i.e., if the federal government terminates an employee and brings charges for criminal activity, there will be no civil appeals. For insubordination, there will be 1 appeal. Other numbers of appeal will be decided by the Convention for this amendment clause. All appeals will be heard by a completely independent tribunal consisting of very highly respected attorneys and counselors.

   Today, an employee can commit crimes, be terminated, and appeal the termination to three separate agencies within government, and overturn the termination with a federal court. Repair of this outrageous ability to circumvent accountability may require the repeal or amendment of several laws, notably the Civil Service Reform Act of 1978. See the Phoenix VA Story.

5. The Amendment would LIMIT government employee salaries to equivalence with salaries provided by the private sector for the same education, skill level, and experience. Government employment salaries should be no better than the private sector or markets in general.

   This "lavishness" has not produced better, more responsive government. The profuse extravagance has merely rewarded inefficienct, inefficacious, and unproductive employees who have drunk the cool-aid that causes wasteful, imprudent people. Those CEOs in the private sector lavished with the wealth of stock options have earned their positions, and if they fail, they will be removed. The story might be different if the federal government actually produced or created something of value. Only Defense, Judiciary, State, and Treasury are really necessary.

6. The Amendment would LIMIT the CONgress to passing laws that apply to ALL citizens. No more sub-standard statutes such as healthcare for private citizens and "cadillac" plans for government. The Feds have overreached by meddling in healthcare. Citizen indigents should be provided care by their State of residence. All others can choose to pay insurance premiums or not in a FREE MARKET unencumbered by federal statutes and regulations.

   CoS Can Get feds out of Healthcare! It's Commerce Clause Redefined! Unconstitutional! Free Markets & Price Transparency!

   This is just one example of why the feds are responsible for $20T in debt and annual deficits going back five decades. Government employees have not achieved or earned such plans. If an employee wishes to pay for a more comprehensive plan, then he/she can individually and privately pay the premium. Just being a government employee (today's nobility or almost royalty) does not automatically accrue a 100% coverage health plan especially since the American taxpayer, debt in treasuries, and Federal Reserve money-from-thin-air pays for it.

7. The Amendment would LIMIT government employee pensions requiring that for every employee dollar contributed, the federal government will contribute no more than 50 cents.
8. The Amendment would LIMIT tax increases to electronic approval by at least 2/3 of States. No more tax increases except for absolute necessities without States approval.

   [I prefer repeal of the 16th Amendment (income tax). Since the size of the federal government WILL BE significantly (25-50%) smaller, then a 10-20% sales tax that cannot be increased without a 2/3 of States margin would suffice. 'Temporary' (using the real meaning of the word because States will not forget) increases can occur for the duration of a 'DECLARED WAR' or 'Emergency' (to be defined in writing). Food and pharmaceuticals would not be taxed.]

9. The Amendment would prevent Debt Ceiling increases except in an "Emergency" to be defined and written explicity in the Amendment (war or economic emergency).
10. The LIMITS Amendment would require a BALANCED BUDGET except in times of dire "Emergency" to be defined in writing. The best and preferred way to correct the budget problem, to balance expenditures with revenues is to permanently lay off 50% of federal employees beginning with all employees labeled 'nonessential'.
11. The Amendment would LIMIT Bills that spend funds in excess of Budget to electronic approval by at least 2/3 of States. No more earmarks and 'crazy' grants. Any Budget 'over-spending' will be identifiable with the new financial accounting system (see below).
12. The Amendment would LIMIT Agencies, in general, by combining duplicative agencies into one organization or abolishment. The Amendment would require analyses of current agency functions. The goal is to shrink the bureaucracy by 25-50%. This action requires a plan to modernize ALL systems to the latest, stable information technology which will automatically reduce the need for employees who do work with obsolete tech such as 5.25" floppy disks on computers that are inefficient and not interoperable.

    The Heritage Foundation has compiled a Blueprint for "Draining the Swamp" which consists of 1) eliminating programs within departments and agencies, and 2) the full elimination of agencies. This is a very detailed work with rationale and detailed references. The goal is detailed examination, evaluation of efficacy and efficiency, and determination of value or lack thereof. But agencies have expanded on there own internally by creating new internal programs and hiring new employees. The question of whether a department or agency is necessary is at least two-fold. Looking back on the history of the dept. or agency to determine if the original objective(s) were/are achieved. Next, ongoing evaluation can be answered by devising metrics to objectively measure the efficacy of the given entity. Government RARELY asks the question of necessity and metrics can begin to answer the question. One of the metrics, in addition to measuring efficacy of mission, is whether the department or agency (if history and metrics even show necessity) is and has been within budget. Past budgets just automatically increased each dept. or agency's budget annually. Whether a dept./agency expansion is necessary or possible from a budgetary perspective can ONLY be accomplished with a universal, centralized, government-wide, comprehensive financial accounting system (see a description below).

13. The Amendment would reinstate the Gold Standard reflecting today's value and without the Bretton-Woods Agreement and the international exchange of USD for gold. The Federal Reserve's proclivity for financing the spendthrift feds will only be needed during a 'declared war' to create 'money-from-thin-air'.
14. The Amendment would LIMIT regulations proposed by Agencies to electronic approval by at least 2/3 of States. No more freedom restricting ridiculous regs.
15. The Amendment would LIMIT decisions by the Supreme Court (those decried by States as overreach) to electronic approval by the full legal community of at least 2/3 of States. Unconstitutional or unprecedented statutes will no longer be redefined and approved by the Supreme Court.
16. The Amendment would LIMIT CONgressional statutes using the Commerce Clause of the Constitution. Article I, Section 8, Clause 3— To regulate commerce with foreign nations, and among the several states, and with the Indian tribes.

    Former Commerce statutes will be repealed and associated regulations rescinded. Two of these Acts are: Interstate Commerce Act in 1887 (abolished in 1995 but multiple agencies were created before and after: FTC, FCC, SEC, NLRB, CAB, PRC, and more). The Sherman Antitrust Act in 1890, which claimed to protect the public from market failure. This, of course, provides much power to control a FREE MARKET! Many laws based on these two laws have passed since the late 1800s creating MANY agencies. Parts or all of these laws have enabled bureaucrats to destroy FREE MARKETS in the USA, gaining control by the federal government.

Financial Accounting System

17. The Amendment would REQUIRE that ALL agencies forfeit annual surpluses and be subject to annual audits preventing the August-September spending spree.

    This clause would also require government to rescind all regulations that prohibit or restrict the use of the Blockchain algorithm in financial systems. This clause would REQUIRE that all remaining departments and agencies (after consolidation)—to prevent waste, fraud and abuse,— to convert financial accounting systems to only ONE central system like the system preliminarily described here (click) (scroll down to item 12 of the Highlighted Insert). The Amendment would LIMIT Agency's budget allocation increases to a detailed cost justification showing the need for their employee head count or any increase.

18. The Amendment would REQUIRE that ALL States and Federal governmant design and implement systems that enable highly secure collaboration and final electronic approval (voting). The systems would consist of collaborative group email plus live group video/audio where necessary for meetings and for detailed work between the legal communities of the States and the remaining federal agencies, CONgress, and Courts without limitation. Such systems would enable all government, States or Federal, to work at home in offices dispersed throughout the country rather than living in DC 2-3 days a week. Why travel if most work can be done in a home office connected to associates via a totally secure environment. Collaborative environments can be local or countrywide. Discussions and meetings can occur in totally secure, group environments setup dynamically or statically.

    Electronic Approval Voting would occur on new federal Bills, new regulations, and/or Court decisions that "legislate from the bench" rather than research precedents, interpret the Constitution and Federalist Papers to determine the Constitutionality of a law. In the 21st Century (not the late 18th) with today's technology, the realization of a true connection between the federal government's creator, the States, and our President, Representatives, Senators, and Justices that are elected or appointed by the Citizens of States to represent the wishes of our federation and international trading partners. The goal is to assure a workable, efficient, effective, efficatious relationship—both collaboratively and financially.

    Today, the federal government foists new laws and regulations on WE the PEOPLE that force us to finance unnecessary projects, that force us to abide by ridiculous, nonsensical regulations that restrict our freedom to make individual decisions. Many of these laws and regulations don't account for the major differences between States and their citizens. What works in California may not work in Arizona, Texas, Alabama, or Pennsylvania. The LIMITS Amendment gives States the option to refuse the imposition of unworkable, burdensome laws, regulations, and court decisions.

FROM The Ultimate Doomsday Provision: “Designed For Those Exceptionally Rare Circumstances Where All Other Rights Have Failed”

The majority falls prey to the delusion—popular in some circles—that ordinary people are too careless and stupid to own guns, and we would be far better off leaving all weapons in the hands of professionals on the government payroll. But the simple truth—born of experience—is that tyranny thrives best where government need not fear the wrath of an armed people. Our own sorry history bears this out: Disarmament was the tool of choice for subjugating both slaves and free blacks in the South. In Florida, patrols searched blacks’ homes for weapons, confiscated those found and punished their owners without judicial process. See Robert J. Cottrol & Raymond T. Diamond, The Second Amendment: Toward an Afro-Americanist Reconsideration, 80 Geo. L.J. 309, 338 (1991). In the North, by contrast, blacks exercised their right to bear arms to defend against racial mob violence. Id. at 341- 42. As Chief Justice Taney well appreciated, the institution of slavery required a class of people who lacked the means to resist. See Dred Scott v. Sandford, 60 U.S. (19 How.) 393, 417 (1857) (finding black citizenship unthinkable because it would give blacks the right to “keep and carry arms wherever they went”). A revolt by Nat Turner and a few dozen other armed blacks could be put down without much difficulty; one by four million armed blacks would have meant big trouble.

 . . .

All too many of the other great tragedies of history – Stalin’s atrocities, the killing fields of Cambodia, the Holocaust, to name but a few – were perpetrated by armed troops against unarmed populations. Many could well have been avoided or mitigated, had the perpetrators known their intended victims were equipped with a rifle and twenty bullets apiece, as the Militia Act required here. If a few hundred Jewish fighters in the Warsaw Ghetto could hold off the Wehrmacht for almost a month with only a handful of weapons, six million Jews armed with rifles could not so easily have been herded into cattle cars.

My excellent colleagues have forgotten these bitter lessons of history.

The prospect of tyranny may not grab the headlines the way vivid stories of gun crime routinely do. But few saw the Third Reich coming until it was too late.

The Second Amendment is a doomsday provision, one designed for those exceptionally rare circumstances where all other rights have failed – where the government refuses to stand for reelection and silences those who protest; where courts have lost the courage to oppose, or can find no one to enforce their decrees.

However improbable these contingencies may seem today, facing them unprepared is a mistake a free people get to make only once.

Judge Alex Kozinski dissenting in Silveira v. Lockyer, 328 F.3d 567 (9th Circuit 2003) (full text)

Also, the above decision which concluded that individuals did NOT have the right to keep and bear arms was nullified by the Supreme Court in 2008.

The Solution for Major Grievances Caused by the Federal Government

The CONgress (by Article V of the Constitution) has proposed and States have ratified many new amendments to the Constitution, some that increase their power over us citizens. CONgress can propose amendments, and the alternative method to CONgressional proposals can come from States via Article V. When "We the People" — meaning a very large majority — are opposed to Acts of CONgress like the INCOME TAX or ENDLESS WARS or the FEDERAL RESERVE, Acts that restrict and regulate our LIBERTY, Acts that are a waste of money, Acts that have caused unrecoverable indebtedness, then through local representaatives of our States WE can propose Amendments to be ratified by States just like CONgress.

STATES and the PEOPLE of America are very angry at the federal goverment's violation of its constitutionally-defined boundaries. States created the federal government in 1787 with LIMITED powers defined in the Constitution. All powers not given by States to the feds remain with the States by Article X. The feds have through deceit, distortion, and falsification rearranged the entire contractual agreement between States and the federal government. The feds have become a very powerful, all consuming force in American government. The time has come for States to rein in the federal government, to take power back, to limit the federal government's power, and to add some detailed restriction to the definition of CONgress, the Executive, and the Judiciary.

In 1787 a central government was (is) necessary only to provide for the common defense and ensure equality under the law for all Citizens, to provide a final arbiter for the resolution of unsolvable problems among States and People. Most laws and regulations that the federal government has wreaked on the States and the People are unconstitutional. States are independent, sovereign countries who realized the need for a limited and defined central government to prevent wasteful duplication of effort. The federal government, in 2017, is OUT OF CONTROL, infringing and interfering with State sovereignty and their separate economies. A problem arose in 2012 with Arizona's attempt to secure their border with Mexico. An article is here. States can prevent infringements by the federal government with an Aricle V Convention of States to not only reverse past federal government "power grabs" but prevent future federal government violations of their Constitutionally-defined boundaries.

A new, well-organized group of volunteers in all 50 states have gathered to restore America to its roots by limiting all 3 branches of the federal government with a Convention of States (CoS) organization (alternate site, CoS Action). This is a Convention of States to AMEND the Constitution — NOT rewrite it! Recently, CoS held an Article V, Convention simulation with appointed volunteers from all 50 States. The simulated Convention demonstrated how a well-organized CoS can vote for proposed amendments to the Consitution that are popular enough to be ratified by the necessary 3/4ths of States (38). Obviously, only proposed Amendments that are likely to pass both Houses of the legislatures of thirty-eight (38) States, that is, the required 3/4ths of States to ratify an Amendment to the Constitution should be proposed. See the Final Report here. The purpose in a Convention of States, simulated or real, is to PROPOSE AMENDMENTS that give power back to the People. The proposed amendments must reflect the thinking, objectives — the goals of people of States — who want to restore our Constitutional Republic to one that represents the people.

A real CoS, requires that 2/3rds of States (34) send an "application" to CONgress requesting that CONgress schedule a CoS. State Legislatures are composed of an Assembly and Senate. Each "house" must pass a bill separately and send the resolution to their Governor. Then the State sends an "application" to the CONgress. When the federal CONgress receives applications from 34 States, the CONgress is required to set a date for the Convention of States. CONgress is NOT involved otherwise. The States have the Convention, propose amendments, and dispatch the precisely worded amendments to their respectives assemblies and senates for ratification. CONgress only schedules the Convention.

FROM The Crux

A new Congress has been seated, and it brings the prospect of perhaps, maybe, potentially, in a possible way doing something about the runaway federal deficits. And in other news, several New York area bridges are for sale, which you can acquire at a bargain price.

IMAGE FROM Citizens Against Government Waste

[Editor's Note: The 'Warfare/Welfare State' needs to sober up and get some financial planning/budgeting and establish spending priorities so the greatest country in the history of the world won't become a historical joke that the future looks back on and laughs. Cut Spending by 50%! Focus ONLY on necessary expenditures.]

Editor's Note: the following is from the Libertarian Party Platform

2.4 Government Finance and Spending

All persons are entitled to keep the fruits of their labor. We call for the repeal of the income tax, the abolishment of the Internal Revenue Service and all federal programs and services not required under the U.S. Constitution. We oppose any legal requirements forcing employers to serve as tax collectors. Government should not incur debt, which burdens future generations without their consent. We support the passage of a "Balanced Budget Amendment" to the U.S. Constitution, provided that the budget is balanced exclusively by cutting expenditures, and not by raising taxes."

[Editor's Note: If YOU think that WE need the federal government — as is, THINK AGAIN! I am absolutely sure that expenditure cuts — EVEN AGENCY ELIMINATIONS and REGULATION RESCINDMENT — can be found here! Of course, the feds have inflated the currency and choked-off nationwide production of goods and services (foundation of the dollar) with taxes and regulations such that the feds have parasitically destroyed the host (us) that feeds them.]