Publius-Huldah's Blog

Understanding the Constitution

Exposing the real agenda behind the push for an Article V convention

This presentation was given on April 17, 2017 at the beautiful old Supreme Court Chamber at the Tennessee Capitol Building in Nashville.

Exhibit List

The proposed Constitution for the Newstates of America is HERE

The Chart which illustrates our Declaration, Constitution, federal structure, and enumerated powers is HERE.

The text of the “parental rights” amendment is HERE.

To see how six of Mark Levin’s “liberty amendments” do the opposite of what he claims, go HERE.

Federalist No. 16 is HERE.  See next to last paragraph.

To see – on one page – proof of the original intents of the “interstate commerce”, “general welfare”, and “necessary and proper” clauses, go HERE.

HERE is a synopsis of what happened at the Federal Convention of 1787 re the development of Article V with links to the pages in Madison’s Journal of the Federal Convention.

Our Framers NEVER said the purpose of amendments is to restrain the feds if they usurp powers. What they actually said is:

The “novelty & difficulty of the experiment requires periodical revision” (Gerry at the federal convention on June 5, 1787);

“The plan now to be formed will certainly be defective, as the Confederation [Articles of Confederation] has been found on trial to be. Amendments therefore will be necessary, and it will be better to provide for them, in an easy, regular and Constitutional way than to trust to chance and violence. It would be improper to require the consent of the Natl. Legislature, because they may abuse their power, and refuse their consent on that very account….”(Geo. Mason at the federal convention on June 11, 1787);

amendments remedy defects in the Constitution (Hamilton at the federal convention on Sep. 10, 1787);

useful amendments would address the “organization of the government, not … the mass of its powers” (Federalist No. 85, 13th para);

“amendment of errors” & “useful alterations” would be suggested by experience (Federalist No. 43 at 8.)

The Congressional Research Service Report dated April 11, 2014, is HERE. The Report exposes as false the assurances that the States would be in control of a convention. The Report says:

“First, Article V delegates important and exclusive authority over the amendment process to Congress…” (page 4)

“Second . . . Congress has traditionally laid claim to broad responsibilities in connection with a convention, including . . . (4) determining the number and selection process for its delegates; (5) setting internal convention procedures, including formulae for allocation of votes among the states; . . .” (page 4)

“. . . [In previous bills filed in Congress] [a]pportionment of convention delegates among the states was generally set at the formula provided for the electoral college, with each state assigned a number equal to its combined Senate and House delegations. Some bills included the District of Columbia, assigning it three delegates, but others did not include the federal district. . .” (page 37)

“… A related question concerns vote allocation in an Article V Convention. Would delegates vote per capita, or would each state cast a single vote, during the convention’s deliberations, and on the final question of proposing amendments?…” [then follows a discussion of different views on this undecided issue] (page 41)

“Article V itself is silent on membership in an Article V Convention, so it is arguable that Congress, in summoning a convention to consider amendments, might choose to include the District of Columbia and U.S. territories as either full members at a convention, or possibly as observers. As noted previously, some versions of the Article V Convention procedures bills introduced in the late 20th century did provide for delegates representing the District of Columbia, although not for U.S. territories . . .” (page 42)

Page 40 of the Report shows there doesn’t seem to be any:

“. . . constitutional prohibition against [U.S.] Senators and Representatives serving as delegates to an Article V Convention. . . “

So! As the Report states on page 27:

“In the final analysis, the question what sort of convention?” is not likely to be resolved unless or until the 34-state threshold has been crossed and a convention assembles.”

In other words, we’ll have to get a convention before we know how it is going to operate. But by then, it will be too late to stop it. And if the proceedings are secret, we won’t find out anything until they are finished.

The Chart which shows who (States, Congress, & Delegates) has the power to do what respecting an Art. V convention is HERE.

HERE is Rob Natelson’s speech of Sep. 16, 2010 announcing that he would no longer call it a “constitutional convention”, but would henceforth call it among other things, “a convention of states”. (page 2)

Update Sep 27, 2017:  Natelson’s speech has been removed from the above site.  But you can read Natelson’s speech HERE.

HERE are the Articles of Confederation, our first Constitution. Article XIII required approval of amendments by the Continental Congress and by every State.

HERE is Federalist No. 40 (James Madison) See especially the 15th para.

HERE is the Resolution of the Continental Congress dated Feb. 21, 1787, to call a convention to be held at Philadelphia,

“…for the sole and express purpose of revising the Articles of Confederation…”

HERE are the Credentials of the Delegates to the Federal Convention of 1787 and instructions from their States. These Instructions encompassed:

“alterations to the Federal Constitution which, when agreed to by Congress and the several States, would become effective”: Virginia, Pennsylvania, Delaware, Georgia, S. Carolina, Maryland, & New Hampshire.

“for the purpose of revising the Federal Constitution”: Virginia, Pennsylvania, North Carolina, Delaware, and Georgia;

“for the sole and express purpose of revising the Articles of Confederation”: New York, Massachusetts, and Connecticut.

“provisions to make the Constitution of the federal Government adequate”: New Jersey

Rhode Island boycotted the convention.

HERE is the proposed Constitution for the Newstates of America. Article XII, Sec. 1 (page 27) addresses ratification by a national referendum.

Read HERE about the proposed Constitution for the New Socialist Republic in North America. It was prepared by the Revolutionary Communist Party, USA. HERE is the text of their proposed Constitution.

Read HERE about The Constitution 2020 movement funded by George Soros and supported by Marxist law professors throughout the Country as well as Cass Sunstein and Eric Holder. They want a Progressive Constitution in place by the year 2020.

Read HERE about the Council on Foreign Relations’ (CFR) Task Force Report on the North American Union. Canada, the US, and Mexico are to merge and a Parliament will be set up over the 3 countries. The CFR site has a link to the Task Force Report. Read it!

News Flash:  The CFR has removed the Task Force Report from their website.  Now, one must purchase a copy.  It’s on Amazon.

It is not the “grass roots” which is pushing for an Article V convention. The big money is behind it. See THIS and THIS.

James Madison’s Journal of the Federal Convention of 1787 shows that on May 29, 1787, the delegates to that convention voted to make their proceedings secret.

Here is Federalist No. 49 where James Madison warned against having a convention to address breaches of the federal Constitution.

HERE is James Madison’s letter of Nov. 2, 1788 to Turberville warning of the terrible dangers of an Article V convention. Madison NEVER supported the convention method of amending our Constitution.

Here is Federalist No. 85 (last para) where Alexander Hamilton said he “dreads” the prospect of another convention because the enemies of the Constitution want to get rid of it.

  • [Note: Our Constitution was ratified by the 9th State on June 21, 1788. Federalist No. 85 was published during mid-August 1788. The anti-federalists wanted to get rid of our Constitution. They argued that our Constitution isn’t perfect – so we should have another convention so we can get a new Constitution. They also argued that Amendments to our Constitution are too hard to get it. Those were the arguments which Hamilton addressed in Federalist No. 85.]

Here is Justice Arthur Goldberg’s op ed in The Miami Herald of Sep. 14, 1986 where he warns us that “…any attempt at limiting the agenda would almost certainly be unenforceable.”

HERE is Chief Justice Warren Burger’s June 22, 1988 letter to Phyllis Schlafly:

“…there is no effective way to limit or muzzle the actions of a Constitutional Convention * * * After a Convention is convened, it will be too late to stop the Convention if we don’t like its agenda * * * A new Convention could plunge our Nation into constitutional confusion and confrontation at every turn…”

Justice Scalia said on April 17, 2014 at the 1:06 mark of this video

“I certainly would not want a Constitutional Convention. I mean whoa. Who knows what would come out of that?”

  • [The convention lobby quotes Law Professor Scalia from 1979, when he didn’t object to an Article V convention. By 2014, the wiser Justice Scalia had changed his mind & now “feared” a convention.]

HERE are additional letters and articles by eminent Jurists and scholars to the same effect.

HERE is where James Madison said our Constitution depends on the people having the “virtue and intelligence to select men of virtue and wisdom” to office. [see text at 223]

Since the States created the federal government, they are the final authority on whether their creature has violated the constitutional compact the States made with each other. Those are our Framers’ words you can find them HERE and HERE.

HERE is the Pew Report: At the “select a state” box, you can find out what percentage of your State’s revenue was from federal funds.

For a model Rescission Resolution, go HERE and then scroll down to “Take Action”.

Add to DeliciousAdd to DiggAdd to FaceBookAdd to Google BookmarkAdd to MySpaceAdd to NewsvineAdd to RedditAdd to StumbleUponAdd to TechnoratiAdd to Twitter

April 19, 2017 Posted by | Amendments to the Constitution, Article V, Article V Convention, constitutional convention, Convention of States project, Council on Foreign Relations, Declaration of Independence, Delegates to a convention can't be controlled, Faithful Delegate Laws, Federal Convention of 1787, George W. Bush, Mark Levin, North American Union, not on the list | , , , , , , , , , , | 28 Comments

An Article V convention is an imminent threat to our US Constitution

If you come to this event, you will see why Mark Meckler, Michael Farris, COS operatives, and the con-con lobby don’t want you to hear what I say.  I tell the TRUTH and prove it.

page1

Add to DeliciousAdd to DiggAdd to FaceBookAdd to Google BookmarkAdd to MySpaceAdd to NewsvineAdd to RedditAdd to StumbleUponAdd to TechnoratiAdd to Twitter

March 1, 2017 Posted by | Article V Convention | , , , | 6 Comments

Balanced Budget Amendment: The Solution? Or Deathblow?

By Publius Huldah

The Balanced Budget Amendment (BBA) Made Simple

Say you want your Butler to buy some groceries; so you give him your credit card. You can:

1.  Give him an ENUMERATED LIST of what you want him to buy: 1 chicken, 5# of apples, two heads of cabbage, a 2# sack of brown rice, and a dozen eggs. Whatever amount he spends for these enumerated items will be charged to you.

2.  Tell him he may spend on whatever he wants, and ask him to please don’t spend more than 18% of your weekly income. But whatever amount he decides to spend (on pork and other things) will be charged to you.

The first illustrates how our Constitution is written: The items on which Congress is authorized to spend money are listed – enumerated – in the Constitution. To see the list, go HERE.

The second illustrates how a balanced budget amendment (BBA) works: It creates a completely new constitutional authority to spend on whatever the federal government wants to spend money on. And there is no enforceable limit on the amount of spending.

Our Constitution Limits Spending to the Enumerated Powers

Our Constitution doesn’t permit the federal government to spend money on whatever they want. If Congress obeyed our Constitution, they would limit spending to the enumerated powers listed in the Constitution. Since the Constitution delegates to Congress only limited and narrowly defined authority to spend money, excessive federal spending is not the result of a defective Constitution, but of disregarding the existing constitutional limitations on federal spending.

Because we have long ignored these existing limitations, we now have a national debt of some $20 trillion plus a hundred or so trillion in unfunded liabilities. 1

Various factions are now telling conservatives that the only way to stop out of control federal spending is with a BBA.

Obviously, that is not true. The constitutional answer is to downsize the federal government to its enumerated powers. Eliminate federal departments (Education, Energy, Agriculture, Environmental Protection Agency, Housing and Urban Development, etc., etc., etc.), for which there is no constitutional authority. 2

Since our Constitution delegates only a handful of powers to the federal government, most of what they’ve spent money on since the early 1900s is unconstitutional as outside the scope of powers delegated.

Yet our Constitution is still legally in place; and can be dusted off, read, and enforced by a Repentant People. They can shrink the federal government to the size established by the Constitution which created it. 3

Using the Federal “Budget” to Snap the Trap on an Unsuspecting People

Our Constitution doesn’t provide for a budget.

Spending is limited by the enumerated powers. Pursuant to Art. I, §9, clause 7, the Treasury is to publish periodic Statements and Accounts of the Receipts and Expenditures. Since the list of objects on which Congress is authorized to spend money is so short, it would be a simple matter to monitor federal spending and receipts.

But since the unconstitutional Budget & Accounting Act of 1921, Presidents and Congress have been putting into the “budget” whatever they want to spend money on.

Do you see that if the federal government is given constitutional authority (via a BBA) to spend money on whatever they want, they are ipso facto granted constitutional authority to exert power over whatever they want?

Oh, Americans! False friends lead you astray and confuse the path you should take. Under the pretext of imposing “fiscal responsibility” with a BBA, they would legalize the totalitarian dictatorship which has been developing in this Country for 100 years.

Creating the all-powerful federal government by Amendment

 Amendments supersede all language to the contrary in the existing Constitution.  For example, the 13th Amendment superseded Article I, Section 2, clause 3 & Article IV, Section 2, clause 3 because they were inconsistent with the 13th Amendment.

So a BBA, which would authorize Congress to spend money on whatever they or the President decide to put into the budget, would supersede the list of enumerated powers in our Constitution.

All spending on environmental regulation, education, welfare, abortions, etc., etc., etc., is now unconstitutional as outside the scope of powers delegated.  But with a BBA, if these items are put into the budget, Congress would then have lawful authority to spend money on them.

So a BBA would transform the federal government created by our Constitution from one of enumerated powers only, to one of general and unlimited powers because it would authorize Congress to appropriate funds for – and hence have power over – whatever they or the President decide to put in the budget!

A BBA Wouldn’t Reduce Federal Spending

A BBA wouldn’t reduce federal spending because:

· all versions permit spending limits to be waived when Congress votes to waive them; and

· Congress can always “balance the budget” with tax increases. Compact for America’s “balanced budget amendment” delegates massive new taxing authority to Congress: it authorizes Congress to impose a national sales tax and a national value added tax (VAT) in addition to keeping the income tax.

Typical Misconceptions

Americans think, “I have to balance my budget; so the federal government should have to balance theirs.”

They overlook the profound distinctions between the economies of their own family unit and that of the national government of a Federation of States. Our federal Constitution sets up a system where Congress is to appropriate funds only to carry out the enumerated powers; and the bills are to be paid with receipts from excise taxes and import tariffs, with any shortfall being made up by a direct assessment on the States apportioned according to population (Art. I, §2, clause 3).

Americans also think that since States have balanced budget amendments, the federal government should have one. They overlook the profound distinction between the federal Constitution and State Constitutions: 4

· The federal government doesn’t need a budget because Congress’ spending is limited by the enumerated powers. Congress is to appropriate funds to carry out the handful of enumerated powers, and then it is to pay the bills with receipts from taxes.

· But State Constitutions created State governments of general and almost unlimited powers. Accordingly, State governments may lawfully spend money on just about anything. So State governments need budgets to limit their spending to receipts.

Conclusion

A BBA would have the opposite effect of what you have been told. Instead of limiting the federal government, it legalizes spending which is now unconstitutional as outside the scope of the enumerated powers; transforms the federal government into one which has power over whatever they decide to spend money on; and does nothing to reduce federal spending.

Endnotes:

1 State governments are voracious consumers of federal funds. THIS shows what percentage of your State’s revenue is from federal funds. Contrary to what RINO State Legislators say, they don’t want federal spending reduced: They want to keep those federal dollars flooding in.

2 George Washington’s Cabinet had 4 members: Secretary of War, Secretary of Treasury, Secretary of State, and Attorney General.

3 Our federal Constitution is short and easy to understand. The only way you can avoid being misled is to find out for yourself what it says. Be a Berean (Acts 17:10-12).

4 In Federalist No. 45 (3rd para from end), James Madison said:

“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.”

Revised July 19, 2017

Add to DeliciousAdd to DiggAdd to FaceBookAdd to Google BookmarkAdd to MySpaceAdd to NewsvineAdd to RedditAdd to StumbleUponAdd to TechnoratiAdd to Twitter

December 28, 2016 Posted by | Amendments to the Constitution, Balanced Budget Amendment, federal spending, Federalist Paper No. 45, James Madison | , , , , , , , , , , , , , , | 18 Comments

How a Balanced Budget Amendment Would Give the Federal Government Lawful Power Over Whatever They Want

By Publius Huldah

Does our existing Constitution permit the federal government to spend money on whatever they want?

No! It contains precise limits on federal spending.

Federal spending is limited by the enumerated powers delegated to the federal government. If you go through the Constitution and highlight all the powers delegated to Congress and the President, you will get a complete list of the objects on which Congress is permitted to spend money. Here’s the list:

♦ The Census (Art. I, §2, cl. 3)

♦ Publishing the Journals of the House and Senate (Art. I, §5, cl. 3)

♦ Salaries of Senators and Representatives (Art. I, § 6, cl. 1)

♦ Salaries of civil officers of the United States (Art. I, §6, cl. 2 & Art. II, §1, cl. 7)

♦ Pay the Debts (Art. I, §8, cl. 1 & Art. VI, cl.1)

♦ Pay tax collectors (Art. I, §8, cl.1)

♦ Regulate commerce with foreign Nations, among the several States, and with Indian Tribes (Art. I, §8, cl.3)

♦ Immigration office (Art. I, §8, cl.4)

♦ The mint (Art. I, §8, cl. 5)

♦ Attorney General to handle the small amount of authorized federal litigation involving the national government (e.g., Art. I, §8, cls. 6 & 10)

♦ Post offices & post roads (Art. I, §8, cl. 7)

♦ Patent & copyright office (Art. I, §8, cl. 8)

♦ Federal courts (Art. I, §8, cl. 9 & Art. III, §1)

♦ Military and Militia (Art. I, §8, cls. 11-16)

♦ Since Congress has general legislative authority over the federal enclaves listed in Art. I, §8, next to last clause, Congress has broad spending authority over the tiny geographical areas listed in this clause.

♦ The President’s entertainment expenses for foreign dignitaries (Art. II, §3); and

♦ Since Congress had general legislative authority over the Western Territory before it was broken up into States, Congress could appropriate funds for the US Marshals, federal judges, and the like for that Territory (Art. IV, §3, cl. 2).

That’s what Congress is authorized by our Constitution to spend money on. Did I leave anything out? Take a few minutes and, armed with a highlighter, read carefully through the Constitution and see for yourself.

Congress is to appropriate funds to carry out this handful of delegated powers; and it is to pay the bills with receipts from taxes. 1

Pursuant to Article I, §9, clause 7, the federal government is to periodically publish a Statement and Account of Receipts and Expenditures. Citizens could use this Statement and Account – which would be so short that everyone would have time to read it – to monitor the spending of their public servants.

So that’s how our existing Constitution limits federal spending:

♦ If it’s on the list of enumerated powers, Congress may lawfully spend money on it.

♦ But if it’s not on the list, Congress usurps powers not delegated when it appropriates money for it.

It was unconstitutional spending and unconstitutional promises (Social Security, Medicare, etc., etc., etc.) which got us a national debt of $19 trillion, plus a hundred trillion or so in unfunded liabilities.

Since the Constitution delegates to Congress only limited and narrowly defined authority to spend money; the Constitution doesn’t provide for a budget.

We never had a federal budget until Congress passed the Budget and Accounting Act of 1921. By this time, the Progressives controlled both political parties and the federal government.

The Progressives wanted a federal budget because they wanted to spend money on objects which were not on the list of delegated powers.

A balanced budget amendment (BBA) would substitute a budget for the enumerated powers, and thus would legalize the current practice where Congress spends money on whatever they or the President put in the budget.

The result of a BBA is to change the constitutional standard for spending from whether the object is on the list of enumerated powers to a limit on the total amount of spending.

♦And to add insult to injury, the limits on spending are fictitious because they can be waived whenever Congress 2 votes to waive them.

And because a BBA would permit Congress to lawfully spend money on whatever is put in the budget, the powers of the federal government would be lawfully increased to include whatever THEY decide to put in the budget.

So a BBA would fundamentally transform our Constitution from one of enumerated powers only to one of general and unlimited powers – because the federal government would then be authorized by the Constitution to exercise power over ANY object they decide to put into the budget!

You must read proposed amendments and understand how they change our Constitution before you support them.

All federal and State officials take an oath to support the federal Constitution (Art. VI, clause 3). When people in Congress appropriate funds for objects not listed in the Constitution; and when State officials accept federal funds for objects not listed, they violate their oath to support the Constitution. According to the PEW Report, federal funds provided an average of 30% of the States’ revenue for FY 2013. Look up your State HERE. Were those federal funds used to implement unconstitutional federal programs in your State?

Power over education, medical care, agriculture, state and local law enforcement, environment, etc., is not delegated to the federal government: those powers are reserved by the States or the People. Congress spends on objects for which it has no constitutional authority; and bribes States with federal funds to induce them to implement unconstitutional federal programs. It was the unconstitutional spending which gave us this crushing $19 Trillion debt.

How do we go about downsizing the federal government to its constitutional limits?

We stop the unconstitutional and frivolous spending one can read about all over the internet.

We begin the shutdown of unconstitutional federal departments and agencies by selecting for immediate closure those which serve no useful purpose or cause actual harm such as the Departments of Energy, Education, Homeland Security, and the Environmental Protection Agency. 3

Other unconstitutional federal departments and agencies must be dismantled and their functions returned to the States or The People.

An orderly phase-out is required of those unconstitutional federal programs in which Citizens were forced to participate – such as social security and Medicare – so that the rug is not pulled out from American Citizens who became dependent.

The federal government is obligated (Art. I, §8, cl. 11-16) to provide for service related injuries suffered by our Veterans.

The Constitution delegates to Congress the power to appropriate funds for “post Roads” (Art. I, §8, cl. 7). While there may be room for argument as to what is included within the term, “post Road”; clearly, some federal involvement in road building is authorized by our Constitution. State dependence on federal highway funds might be reduced by eliminating or reducing federal fuel taxes, and the substitution of fuel taxes collected by individual States. And there is nothing immoral about toll roads.

Since our Constitution was written to delegate to the federal government only the few and defined powers enumerated in the Constitution, we don’t have to change the Constitution to rein in federal spending. The Constitution isn’t the problem – ignoring it is the problem. Let us begin to enforce the Constitution we have.

Endnotes:

1 Our original Constitution authorized only excise taxes & tariffs on imports (Art. I, §8, clause 1), with any shortfall being made up by an apportioned assessment on the States based on population (Art. I, §2, clause 3).

2 Compact for America’s (CFA) version of a BBA permits spending limits to be waived whenever Congress and 26 States agree. CFA’s version also authorizes Congress to impose a national sales tax and a national value added tax in addition to keeping the income tax! See THIS Paper.

3 George Washington’s Cabinet had four members: Secretary of State, Secretary of War, Secretary of Treasury, and Attorney General.

Feb 2, 2016

Add to DeliciousAdd to DiggAdd to FaceBookAdd to Google BookmarkAdd to MySpaceAdd to NewsvineAdd to RedditAdd to StumbleUponAdd to TechnoratiAdd to Twitter

February 2, 2016 Posted by | Balanced Budget Amendment | , , , | 17 Comments

The Plot to Impose a National Sales Tax or Value Added Tax

By Publius Huldah

A devilish plot is afoot to impose new national taxes on the American People. It is a masterful piece of trickery because the authorization for the new national taxes is buried within Compact for America’s version of a balanced budget amendment to the US Constitution.

Furthermore, the balanced budget amendment does nothing to control federal spending; and transforms our Constitution from one of limited and defined powers to one of general and unlimited powers. 1

Yet this monstrosity is pending in Michigan as SB 306 2 and in North Carolina as HB 366. 3 Legislators in four States, Alaska, Georgia, Mississippi and North Dakota, have already passed it.

Let’s look at Sections 1-6 of Compact for America’s balanced budget amendment:

It does Nothing to Control Federal Spending

Section 1 allows Congress to spend as much as they take from us in taxes and add to the national debt. That’s a good idea?

Sections 2 and 3 permit Congress to raise the debt whenever 26 States agree.  States are addicted to federal funds. Will 25 States agree not to take more federal funds?

Section 4 is a joke:  Who believes Congress will impeach a President for refusing to “impound” an appropriation made by Congress? Congress won’t even impeach a President for Treason.

How Authorization for the New Taxes is Hidden

Section 5 says:

“No bill that provides for a new or increased general revenue tax shall become law unless approved by a two-thirds roll call vote of the whole number of each House of Congress….” [italics mine]

What is a “general revenue tax”? Section 6 defines it:

“…’general revenue tax’ means any income tax, sales tax, or value-added tax levied by the government of the United States…” [italics mine]

Now go back to Section 5 and substitute the definition of “general revenue tax” for that term:

“No bill that provides for a new or increased income tax, sales tax, or value-added tax levied by the government of the United States shall become law unless approved by a two-thirds roll call vote of the whole number of each House of Congress….”

There it is: All that’s needed is approval of two-thirds of the members of each House and a new national sales tax and/or value added tax is imposed on us. And they can increase it, along with increasing the income tax, whenever they get two-thirds of the members to vote for it.

Section 5 also permits Congress to make laws to impose a new “end user sales tax” 4 which would replace the income tax – this “end user sales tax” is passed by a simple majority of both houses.

So! Compact for America’s balanced budget amendment provides two options to Congress:

· Two-thirds of the members of both Houses can impose a new sales tax and/or value-added tax in addition to the income tax; or

· A simple majority of both Houses can impose “a new end user sales tax” which replaces the income tax.

Which option will Congress choose?

Our Constitution Doesn’t Now Authorize a National Sales Tax or Value-added Tax

Article I, §8, clause 1 says:

“The Congress shall have Power to lay and collect Taxes, Duties, Imposts and Excises…”

Principles of Compact for America say this clause already authorizes a national sales tax or value added tax. Board Vice-President Chip DeMoss said on Feb. 12, 2014:

“a national sales tax would be an “impost” (defined as a tax or similar compulsory payment) that is authorized under Article I, Section 8, Clause 1…” [see comments and scroll down after comment 19 till you see Chip DeMoss’ name].

We may not properly use DeMoss’ redefinition of “impost”!

We must use the definition of “impost” our Framers used: The Federalist Papers say an “impost” is a tax or duty on imports. Type imposts in the search box [at the link] and the Papers discussing imposts will come up. See for yourself that an “impost” is a tax or duty on imports.

Webster’s 1828 Dictionary defines “impost” as:

“…Any tax or tribute imposed by authority; particularly, a duty or tax laid by government on goods imported, and paid or secured by the importer at the time of importation. Imposts are also called customs.”

Do you see?

National sales taxes and value-added taxes are also not “excise” taxes. Excise taxes are a tax on a unit of goods – such as the infamous whiskey excise tax of 1791 which led to the Whiskey Rebellion. 5 It imposed a flat tax per gallon. The tax was payable for domestic whiskey at the distillery (§17 of the Act) and the casks were numbered and marked to show the tax had been paid (§19 of the Act).

“Taxes” at Art. I, §8, clause 1 refers to the apportioned direct tax provided for at Art. I, §2, clause 3 of our Constitution.

Our Framers were specific about the kinds of taxes Congress is permitted to impose. Congress does not have the power to impose any kind of tax it wants. Our Framers limited Congress’ taxing power to:

· the apportioned direct taxes at Art. I, §2, clause 3;

· the duties or imposts on imports at Art. I, §8, clause 1; and

· the excises at Art. I, §8, clause 1.

A sales tax is none of the above. A sales tax is a percentage of the retail price of goods. A value-added tax is a “turbo-charged national sales tax on goods and services that is applied at each stage of production, not merely on retail transactions” and raises a “gusher of revenue for spendthrift governments worldwide”.

We have never had a national sales tax or value added tax in this Country. Why? Because they are not authorized by the Constitution.

We were manipulated into supporting the 16th Amendment. We were told the income tax would “soak the rich” – and the envious drooled at the prospect.

And so again today, statists are seeking to trick us into supporting a national sales tax or a value added tax: first, by concealing it within the verbiage of the bill; 6 and then, once the trickery was exposed, by claiming the Constitution already authorizes these new types of taxes.

There is a Better Way: Downsize the Federal Government!

Our Constitution limits federal spending to the enumerated powers. The list of objects on which Congress may lawfully spend money is a short list. See the list HERE.

Most of what the federal government does today is unconstitutional as outside the scope of the powers delegated by the Constitution. Let’s cut federal spending by downsizing the federal government to its enumerated powers and constitutional limits.

Endnotes:

1 Congress’ spending is limited by the enumerated powers: If an object is on the list of enumerated powers (e.g., the patent & copyright office authorized by Art. I, §8, cl. 8), Congress may lawfully spend money on it. That’s how our Constitution already controls federal spending.

All versions of a balanced budget amendment change the constitutional standard for spending FROM whether an object is on the list of enumerated powers TO a limit on total spending where Congress may spend money on whatever they or the President put in the budget. This is what transforms our Constitution FROM one of enumerated powers only TO one of general and unlimited powers. And that is the true purpose of a balanced budget amendment. It has nothing to do with limiting federal spending – the pretended spending limits are fictitious since they may be waived whenever the feds [and 26 of the States] want to waive them.

2 Leon Drolet’s article of July 10, 2015, and Sam Easter’s article of July 8, 2015, about SB 306 pending in Michigan don’t mention the new national taxes.

3 Matthew Burns’ article about the hearing on HB 366 before N. Carolina’s House Judiciary Committee (which passed HB 366) doesn’t mention the new national taxes. Burns quotes the Bill’s sponsor, Rep. Chris Millis, as saying the problem is “Washington is unwilling or unable to limit itself.” So the solution is to massively increase Congress’ taxing powers?

4 “End user sales tax” is not defined in the balanced budget amendment.

5 Apparently, the practice of tarring & feathering “revenuers” began with the Whiskey Excise Tax.

6 The trickery was exposed over a year ago HERE. Since then, Compact for America has claimed the Constitution already authorizes the new taxes. Are we too gullible to be free? PH

August 26, 2015

Add to DeliciousAdd to DiggAdd to FaceBookAdd to Google BookmarkAdd to MySpaceAdd to NewsvineAdd to RedditAdd to StumbleUponAdd to TechnoratiAdd to Twitter

August 26, 2015 Posted by | Amendments to the Constitution, Balanced Budget Amendment, Chip DeMoss, Compact for America, enumerated powers | , , , , , , , , , , , , , , , , , | 31 Comments

BEWARE of the trickery behind a “balanced budget” amendment!

By Publius Huldah

Our federal Constitution is one of enumerated powers only. If you spend 20 minutes to read through the entire Constitution and highlight all the powers delegated to Congress and the President, you will get a complete list of the objects on which Congress is authorized to spend money. THAT is how our Framers controlled federal spending. If it’s on the list of delegated powers, Congress may lawfully spend money on it.  But if it’s not on the list, Congress may not lawfully spend money on it.

Few people know of the existence of this list of delegated powers – no one in Congress seems to be aware of it.  Most of what Congress spends money on is not on the list.

The solution is to downsize the federal government back to the powers on the list.

All versions of a balanced budget amendment (BBA) fundamentally change the constitutional design – they create a new standard for spending: They change the constitutional standard for spending FROM whether the object is on the list TO a limit on total spending – where Congress may lawfully spend money on whatever they want.

To add insult to injury, the limits on spending are fictitious because the limits can be waived whenever the government votes to waive them.

So a BBA does nothing to reduce federal spending.

Why the push for a BBA? Because a BBA transforms our federal government FROM one of limited and narrowly defined enumerated powers – the items on the list – TO one of general and unlimited powers. This is because a BBA permits Congress to spend money on WHATEVER they want.

God gave you a brain. You have a moral obligation to use it. Look behind the curtain those agitating for an Art. V convention have put up.

And learn what’s on the list.

Add to DeliciousAdd to DiggAdd to FaceBookAdd to Google BookmarkAdd to MySpaceAdd to NewsvineAdd to RedditAdd to StumbleUponAdd to TechnoratiAdd to Twitter

July 30, 2015 Posted by | Article V Convention, Balanced Budget Amendment, not on the list, on the list | , , , | 25 Comments

States Need Budgets – but Enumerated Powers Limit Federal Spending

By Publius Huldah

We will never solve our political and fiscal problems if we continue in our present state of ignorance of the fundamental distinction between the federal Constitution and the State Constitutions.

With our federal Constitution, we created a national government to which we delegated only a handful of enumerated powers. If you would trouble yourself to read the federal Constitution, this fact would jump out at you and hit you over the head. [THIS simple chart will get you started.]

The federal government doesn’t need a budget because Congress’ spending is limited by the enumerated powers. Congress is to appropriate funds to carry out the handful of delegated powers, and then it is to pay the bills with receipts from taxes. 1

And if you read your State Constitution, you will see that those who ratified it [foolishly] created a State government of general and unlimited powers subject only to the exceptions carved out by its Declaration of Rights. 2

Since State governments were created to possess general and unlimited powers, State governments may lawfully spend money on just about anything they want. 2 Accordingly, State governments need budgets to limit their spending to receipts.

But Federal Spending is limited by the Enumerated Powers

The federal Constitution lists the items Congress is permitted to spend money on. If you read through the federal Constitution and highlight the powers delegated to Congress and the President, you will have a complete list of the objects on which Congress is lawfully authorized to spend money. Here is the list:

· The Census (Art. I, §2, cl. 3)
· Publishing the Journals of the House and Senate (Art. I, §5, cl. 3)
· Salaries of Senators and Representatives (Art. I, § 6, cl. 1)
· Salaries of civil officers of the United States (Art. I, §6, cl. 2 & Art. II, §1, cl. 7)
· Pay the Debts (Art. I, §8, cl. 1 & Art. VI, cl.1)
· Pay tax collectors (Art. I, §8, cl.1)
· Regulate commerce with foreign Nations, among the several States, and with Indian Tribes (Art. I, §8, cl.3) 3
· Immigration office (Art. I, §8, cl.4)
· The mint (Art. I, §8, cl. 5)
· Attorney General to handle the small amount of authorized federal litigation involving the national government e.g.,  Art. I, §8, cls. 6 & 10)
· Post offices & post roads (Art. I, §8, cl. 7)
· Patent & copyright office (Art. I, §8, cl. 8)
· Federal courts (Art. I, §8, cl. 9 & Art. III, §1)
· Military and Citizens’ Militia (Art. I, §8, cls. 11-16)
· Since Congress has general legislative authority over the federal enclaves listed in Art. I, §8, next to last clause, Congress has broad spending authority over the tiny geographical areas listed in this clause.
· The President’s entertainment expenses for foreign dignitaries (Art. II, §3); and
· Since Congress had general legislative authority over the Western Territory before it was broken up into States, Congress could appropriate funds for the US Marshalls, federal judges, and the like for that Territory (Art. IV, §3, cl. 2).

So! That’s about all Congress is authorized by our original Constitution to spend money on. 4 Did I leave anything out? To find out, take 20 minutes and, armed with a highlighter, read carefully through the original Constitution and see for yourself.

Let’s look at some of the appropriations bills passed by the First Congress: 5

HERE is the Act for the establishment and support of Lighthouses, Beacons, Buoys, and Public Piers, of August 7, 1789 (expenditure authorized by Art. I, §8, next to last clause);

HERE is the Act providing for the Expenses which may attend Negotiations or Treaties with the Indian Tribes, and the appointment of Commissioners for managing the same, of August 20, 1789 (expenditure authorized by Art. I, §8, clause 3 & Art. II, §2, cl. 2);

HERE is the Act providing for the establishment of the Post Office, of September 22, 1789 (expenditure authorized by Art. I, §8, cl. 7); and

HERE is the Act providing for the compensation of federal judges and the Attorney General, of September 23, 1789 (expenditure authorized by Art. III, §1 for the federal judges; & for the AG, Art. I, §6, cl. 2 & Art. II, §2, cl. 2 & Art. I, §8, last clause)

Read these appropriations bills: They are single subject, short, easy to understand, and illustrate how appropriations bills ought to be written.

So, do you see? Congress is to make the appropriations for the objects of the enumerated powers delegated to the national government.

Pursuant to Art. I, §9, clause 7, Congress is to periodically publish a Statement and Account of Receipts and Expenditures.

We don’t need a federal budget because the Constitution delegates to Congress only limited and narrowly defined authority to spend money.

Accordingly, the federal Constitution doesn’t provide for a Budget. We never had a federal budget until Congress passed the unconstitutional Budget and Accounting Act of 1921.

We got the crushing federal debt because for 100 years, Congress has been IGNORING the existing constitutional limits on its spending. Most of Congress’ spending is unconstitutional as outside the scope of the delegated powers.

The Answer to our political and fiscal problems is already laid out in the federal Constitution: Downsize the federal government to its enumerated powers and return the usurped powers to the States or the People.

Why are Some Pushing for a Federal Balanced Budget Amendment (BBA)?

Many of those clamoring for a federal BBA don’t know about the fundamental distinction between the federal and State Constitutions. But they want to do something about the out of control federal spending; they are told a BBA is the answer; and so, without giving it much thought, they jump on the bandwagon.

But others have an evil agenda in pushing for a BBA – an agenda so evil that if they disclosed it, most Americans would reject it:

All versions of a BBA transform our federal Constitution from one which created a national government with only a few enumerated powers to a national government of general and unlimited powers. This is because BBAs substitute a “budget” for the enumerated powers; and accordingly, the national government would become lawfully authorized by the Constitution to spend money on whatever they put in the Budget!

That unlimited spending power on whatever they want is what would transform the national government into one of general and unlimited powers.

To add insult to injury, while all versions of a BBA pretend to limit spending; they actually permit increases in spending and increases in debt whenever the government body votes to do so. 6

Conclusion

 When the history of our time is written, do not let it be said that the American People were too ignorant and lazy to be free. Do not let tricksters take away our glorious Heritage. Wake up! Stop applications for a convention for a BBA from being passed in your State. If your State has already passed such an application, urge your State legislators to rescind it.

Endnotes:

1 The constitutional powers of the national government were supposed to be exercised with the proceeds of excise taxes & impost tariffs, with any shortfall being made up by an apportioned assessment on the States based on population.

2 The powers of State governments are also restricted by the federal Constitution: The list of prohibited powers at Art. I, §10, and by those few powers delegated exclusively to the national government.

3 HERE is the proof of the original intent of the interstate commerce clause.

4 The 13th, 14th, 15th, 16th, 18th, 19th, 24th, and 26th Amendments increased the powers and spending of the federal government by expanding federal powers over the States and The People. It was necessary to amend the Constitution to remedy the defect of slavery and to extend citizenship to freed slaves; but there was a better way than the 13th -15th Amendments.

5 HERE is a helpful site for locating early Acts of Congress. Once you have the title and date of an Act, you can find the official source at the Library of Congress: e.g., THIS provides what one needs to find the official edition HERE.

6 Compact for America’s pretended BBA is actually a tricky device for imposing a national sales tax or value added tax on the American People – on top of the income tax – and does nothing to limit federal spending. Yet deluded State Legislators are now proposing it in Michigan as SB 306. You can find a short and simple section by section analysis of Compact for America’s BBA HERE.

Add to DeliciousAdd to DiggAdd to FaceBookAdd to Google BookmarkAdd to MySpaceAdd to NewsvineAdd to RedditAdd to StumbleUponAdd to TechnoratiAdd to Twitter

June 24, 2015 Posted by | Balanced Budget Amendment, enumerated powers, Enumerated Powers of Congress | , , , , , | 32 Comments

Behind The Mask of Convention Supporters – “whacking away” at our Constitution

quote

Representative Sickles may have meant this as a warning of what would be the attitude of Delegates to a convention – as opposed to what he himself would  do as a Delegate to a convention.

But the point is: We don’t want anyone “whacking away” at our Constitution – and Delegates to an Art. V convention would have the power to do just that….

Add to DeliciousAdd to DiggAdd to FaceBookAdd to Google BookmarkAdd to MySpaceAdd to NewsvineAdd to RedditAdd to StumbleUponAdd to TechnoratiAdd to Twitter

February 6, 2015 Posted by | Amendments to the Constitution, Article V, Article V Convention, constitutional convention, Convention of States project, re-writing the Constitution | , , , , , , , | 34 Comments

Straight Talk About An Article V Convention

By Publius Huldah

This speech was presented to Campaign For Liberty – Memphis on March 24, 2014. It exposes some of the false claims made by those pushing for the so-called “convention of states”. 1

Below are hyperlinks to the exhibits referred to in the speech. Additional resources are also included.

The one page Chart which illustrates our Declaration, Constitution, and federal system is HERE.

The Congressional Research Service (CRS) Report 2 cited in the speech was dated March 7, 2014. CRS’s revised Report, dated April 11, 2014, is HERE.   The Report exposes as false the assurances that the States would be in control of a convention. The Report says:

“First, Article V delegates important and exclusive authority over the amendment process to Congress…” (page 4)

“Second . . . Congress has traditionally laid claim to broad responsibilities in connection with a convention, including . . . (4) determining the number and selection process for its delegates; (5) setting internal convention procedures, including formulae for allocation of votes among the states; . . .” (page 4) 3

“. . . [In previous bills filed in Congress] [a]pportionment of convention delegates among the states was generally set at the formula provided for the electoral college, with each state assigned a number equal to its combined Senate and House delegations. Some bills included the District of Columbia, assigning it three delegates, but others did not include the federal district. . .” (page 37; see also page 41)

“. . . A related question concerns vote allocation in an Article V Convention. Would delegates vote per capita, or would each state cast a single vote, during the convention’s deliberations, and on the final question of proposing amendments?. . .” [then follows a discussion of different views on this undecided issue] (page 41)

“Article V itself is silent on membership in an Article V Convention, so it is arguable that Congress, in summoning a convention to consider amendments, might choose to include the District of Columbia and U.S. territories as either full members at a convention, or possibly as observers. As noted previously, some versions of the Article V Convention procedures bills introduced in the late 20th century did provide for delegates representing the District of Columbia, although not for U.S. territories . . .” (page 42)

Page 40 of the Report shows there doesn’t seem to be any:

“. . . constitutional prohibition against [U.S.] Senators and Representatives serving as delegates to an Article V Convention. . . “

So! As the CRS Report states on page 27:

“In the final analysis, the question what sort of convention?” is not likely to be resolved unless or until the 34-state threshold has been crossed and a convention assembles.”

Do you see? But by then, it will be too late to stop it. HERE is former US Supreme Court Chief Justice Warren Burger’s letter confirming this. 4

The text of the “parental rights” amendment is HERE. For two papers showing how Michael Farris’ proposed amendment delegates power over children to the federal and State governments, go HERE  and, for the follow up paper, HERE.

To see how six of Mark Levin’s so-called “liberty amendments” do the opposite of what he claims, go HERE.

To see – on one page – proof of the original intents of the “interstate commerce”, “general welfare”, and “necessary and proper” clauses, go HERE.

The proponents of a convention portray the States as victims of federal tyranny. But the Truth is that the States voluntarily surrendered their retained powers, and the natural rights of The People, TO the federal government. And they did it for federal funds. Today, States get from 20% (Alaska) to 45.3% (Mississippi) of their State budgets from the federal government. State governments don’t want to rein in the feds! The people who run your State will do anything to keep their federal funds. HERE is the Pew Report.

Our Framers – those who actually signed the Constitution – NEVER said the purpose of amendments is to rein in the feds if they usurp powers. What they actually said is:

  • amendments remedy defects in the Constitution (Hamilton at the federal convention on Sep. 10, 1787);
  • useful amendments would address the “organization of the government, not … the mass of its powers” (Federalist No. 85, 13th para); and
  • “amendment of errors” & “useful alterations” would be suggested by experience (Federalist No. 43 at 8.)

HERE are the Articles of Confederation. Note that Art. XIII required approval of amendments by every State.

HERE is the Resolution, made by the Continental Congress on February 21, 1787 (p 71-74), to call a convention to be held at Philadelphia:

“…for the sole and express purpose of revising the Articles of Confederation”.

HERE is James Madison’s letter of Nov. 2, 1788 to Turberville. Copy it to word processing, make paragraph breaks, & highlight it. Madison NEVER supported the convention method of amending our Constitution.

HERE is Joe Wolverton’s article about the Socialists’ involvement in the push for a convention.

HERE is the Constitution for the Newstates of America. Article XII addresses ratification by a referendum called by the President. Read HERE about the proposed Constitution for the New Socialist Republic in North America. Read them and see what is being planned for you by people you think are on your side.

HERE is the screen shot of Jordan Sillars’ comment re re-writing the Constitution.

For Q’s & A’s on this issue, go HERE.

Endnotes:

1 There is no such thing as a “convention of states” to propose amendments. The term is a marketing gimmick used by proponents of an Article V convention to manipulate people into believing that the States would control an Article V convention – from start to finish.

Article V, US Constitution, provides two methods for proposing amendments to the Constitution:

1. Congress proposes amendments and submits them to the States for ratification [the method we used for our existing 27 Amendments]; or

2. Congress calls a convention for the purpose of proposing amendments [for good reason, we have never used this method].

2 Even though we have never had an Article V convention; Congress has examined procedures for “calling” a convention so as to be ready if the need arises. The CRS Report proves that Congress has historically viewed its powers respecting “calling” a convention as exclusive and extensive. I thank Robert Brown for bringing the CRS Report to my attention.

3 The position Congress has historically taken in this regard is totally consistent with Article I, Sec. 8, last clause, which delegates to Congress power to make all laws “necessary and proper” to carry out the power vested in Congress at Art. V to “call” the convention.

4 Folks! For the sake of your Posterity, you must understand this: After a convention is convened, the delegates can do whatever they want – including coming up with an entirely new Constitution with its own new method of ratification. Chief Justice Burger wrote in his June 22, 1988 letter to Mrs. Phyllis Schlafly:

“… there is no effective way to limit or muzzle the actions of a Constitutional Convention. The Convention could make its own rules and set its own agenda. Congress might try to limit the Convention to one amendment or to one issue, but there is no way to assure that the Convention would obey. After a Convention is convened, it will be too late to stop the Convention if we don’t like its agenda. The meeting in 1787 ignored the limit placed by the Confederation Congress “for the sole and express purpose. . .”

The federal convention of 1787, which was called by the Continental Congress “for the sole and express purpose of revising the Articles of Confederation”, should serve as a warning: The delegates to the 1787 convention ignored their instructions from the Continental Congress [and from their States]; ignored Art. XIII of the Articles of Confederation which required the States to obey Congress on matters covered by the Articles, and wrote an entirely NEW Constitution with a NEW method of ratification which required only 9 of the 13 States for ratification.

Credits:  Many thanks to Devvy Kidd, Blue Tail Gadfly, and M. Craig Elachie, from whom I lifted the very best lines in the speech. PH

Posted October 11, 2014.

Add to DeliciousAdd to DiggAdd to FaceBookAdd to Google BookmarkAdd to MySpaceAdd to NewsvineAdd to RedditAdd to StumbleUponAdd to TechnoratiAdd to Twitter

October 11, 2014 Posted by | Amendments to the Constitution, Article V, Article V Convention, constitutional convention, Convention of States project, Federal Convention of 1787, James Madison, Jordan Sillars, Liberty Amendments, Mark Levin, Michael Farris, Necessary and Proper clause, Phony right wing, re-writing the Constitution, Retained Powers, The Liberty Amendments | , , , , , , , , , , , , , , , , , , , | 15 Comments

Balanced Budget Amendments (BBA) Gut Our Constitution And Don’t Reduce Spending

By Publius Huldah

Q:  Doesn’t our Constitution already provide for controlling federal spending?
A:  Yes.  It lists the purposes for which Congress may spend money.  Spending is limited by the “enumerated powers” listed in the Constitution:

  • If it’s on the list of powers delegated to Congress or the President, Congress may lawfully appropriate funds for it.  Read the Constitution and highlight the delegated powers – then you will know what Congress may lawfully spend money on.
  • If it’s not listed, Congress may not lawfully spend money on it.

Q: What is the connection between the Oath of office (Art. VI, cl. 3) and federal spending?
A: All federal and State officials take an Oath to support the federal Constitution.  The Constitution lists what Congress may lawfully spend money on.  When people in Congress spend money on objects not listed in the Constitution; and when State officials accept federal funds for objects not listed (race to the top, common core, etc.) they violate their Oath to support the Constitution.

Q:  Are the federal departments of Education, Agriculture, Labor, Energy, Housing & Urban Development, Health & Human Services, DHS, etc., etc., constitutional?
A:  No!

  • Power over education, agriculture, labor relations, energy, etc., etc., was NOWHERE in the Constitution delegated to the federal government.  Those powers were reserved by the States or the People.
  • DHS – a national police force under the President’s control – is becoming our version of the East German STASI. Yet the States colluded with the feds in nationalizing law enforcement because they wanted the federal funds and military equipment.

Q:  How did we get a national debt of over $17 trillion, plus trillions more in unfunded liabilities?
A:  Congress spent on objects for which it has no constitutional authority, such as teaching Chinese prostitutes how to drink responsibly, bailouts of private businesses, welfare handouts, farming programs, education schemes, and grants paid to States to bribe them into implementing unconstitutional federal programs.  It was the unconstitutional spending which gave us this crushing debt.

Q: The 10th Amendment says all powers not delegated to the federal government by the Constitution are reserved to the States or to the People.  What happened to these reserved powers?
A: The States sold them to the federal government. The States have become administrative subdivisions of the federal government, and their aim is to siphon as much money as possible from the federal government.

Q: What should we do about the unconstitutional spending?
A:  We must eliminate pork.  We must systematically dismantle unconstitutional federal departments & agencies.  Except that the Department of Education should be shut down, and its bureaucrats sent home, by this Friday at 5:00 p.m.  All these functions must be restored to The States or The People.

Why BBAs Are Destructive

Q: Why won’t a BBA fix our debt problem?
A: They don’t address the cause of the problem: Congress spends where they have no constitutional authority to spend.  The BBAs don’t eliminate the unconstitutional spending; and they place no limits on the amount of the unconstitutional spending.

Q: Is a BBA harmful?
A:  Yes.  All versions of the BBA legalize spending which is now illegal and unconstitutional as outside the scope of powers delegated to Congress or the President.

Q: Would a BBA fundamentally transform our Constitution?
A:  Yes.  All versions of the BBA amend out the enumerated powers limitations on the federal government and transform the federal government into one of general & unlimited powers where the feds may spend money on whatever they want as long as they don’t exceed the spending limits “imposed” by the BBA.

Q: So a BBA changes the constitutional criterion for spending?
A:  Yes!  All versions of the BBA change the criterion from:

  • WHAT Congress spends money on (it must be an enumerated power), to
  • A LIMIT on total spending where Congress can spend money on whatever they want.

Q:  How are spending limits in the various versions of the BBA set?
A:

  • by the amount they take from us in taxes, or
  • by a certain percentage of the GDP, or
  • by the additional amounts they borrow to finance their spending.

Q: Can these limits on spending be raised?
A:  Yes!  In all versions of the BBA, Congress can vote to raise the spending limit (just as they vote every few months to raise the debt limit).  In the version of the BBA by Nick Dranias and Compact for America, Congress and at least 26 States can vote at any time to raise the spending limit.

Not only do the BBAs fail to address the cause of the problem (Congress spends on unconstitutional objects); none of them limit the amount of Congress’ spending because the spending limits can be raised whenever they want to raise them.

So!  Just as Congress votes every few months to raise the debt ceiling; they can vote whenever they want to raise the spending limit.

Q: What about Mark Levin’s amendment “to limit federal spending” (page 73 of his book)?
A:  Levin’s amendment makes lawful the spending which is now unconstitutional.  And his amendment does nothing to control spending:

  • Levin substitutes a “budget” [which permits spending on whatever people in the federal government want] 1 for the enumerated powers listed in the Constitution; and,
  • While it pretends to limit spending to income, it actually permits Congress to suspend the spending limit and to continue to raise the national debt limit.

So!  Like all other BBAs, Levin’s legalizes the present unconstitutional spending and does nothing to curb spending.  It legalizes the status quo.  And it guts our Constitution by erasing the enumerated powers limitations on spending.

Q: What about Randy Barnett’s version of a BBA?  [See Barnett’s 8th amendment here.]
A: Randy Barnett, law professor, redefines “unbalanced budget” to mean a budget where the national debt is greater than it was the previous year.  [Yes, you read that right.]

Barnett’s amendment doesn’t address the unconstitutional spending which caused the massive debt.

And it delegates sweeping new powers to the President to stop funding anything he doesn’t want funded.  E.g., it permits him to ban appropriations authorized by the Constitution, such as all funding for our military (which is authorized by Art. I, Sec. 8, clauses 11-14).

Q: What is the real purpose of all versions of the BBA?
A:  The sole purpose is to remove the enumerated powers limitations on the federal government and give it general & unlimited powers.

Folks! You must read the texts of the proposed BBAs and see what they actually say.  Do not stop with the name and just read in your own understanding of what it means to “balance a budget”.

For more information on various versions of the BBA see:

https://publiushuldah.wordpress.com/2014/02/10/balancing-the-budget-or-adding-a-national-sales-tax-to-the-income-tax/

https://publiushuldah.wordpress.com/2011/06/27/why-the-balanced-budget-amendment-is-a-hoax-and-a-deadly-trap/

https://publiushuldah.wordpress.com/2011/02/23/why-the-balanced-budget-amendment-is-the-worst-idea-ever/

Endnotes:

1 The federal government didn’t have a budget until the Budget Act of 1921, which purported to grant budget making power (taxes & appropriations) to the President.

The Budget Act is unconstitutional.  Article I, Sec. 8, cl. 1, delegates to Congress Power to lay and collect Taxes; and Art. I, Sec. 9, next to last clause, delegates to Congress Power to make appropriations:

“No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law; and a regular Statement and Account of the Receipts and Expenditures of all public Money shall be published from time to time.”

Before the Budget Act of 1921, Congress made appropriations for items listed in the Constitution as the need arose; determined the taxes, and kept records of both. PH

Add to DeliciousAdd to DiggAdd to FaceBookAdd to Google BookmarkAdd to MySpaceAdd to NewsvineAdd to RedditAdd to StumbleUponAdd to TechnoratiAdd to Twitter

February 19, 2014 Posted by | Balanced Budget Amendment | , , , | 6 Comments

%d bloggers like this: