07 July 2010
 
The New Federalist


(The Federalist, now known as The Federalist Papers. Photo wikicommons)
 
There is a high-pressure cell sitting on us as heavy as a Dutchman’s keister, and it is as reluctant to leave as a drunk at the bar. It will be 104 degrees again today, so it is only natural that we seek diversion. I have something significant to bring to your attention today, and over the next three, so bear with me.
 
The diversion concerns the Spanish Armada, which has reached the World Cup semi-finals for the first time. Standing in their way of the final are those diverse and high-scoring Deutschers.
 
The last encounter between these two nations was in the Euro 2008 final. Spain won 1-0 thanks to a Fernando Torres strike. It goes at 1830 Greenwich Mean Time, and I will do my best to join them, business be damned, and I will be pulling for the boys from the land where most of my ancestors came from.
 
I play up the Irish side of the family because they were colorful rascals, and am proud of the long slim connection to the Scotsman who served in the 3rd Pennsylvania Regiment of Foot in the Revolution. But Mom was quite emphatic in reminding me as I went out the door for Berlin that I owe most of my genes to the magnificent Prachts of Breslau in the former Silesia and stolid Voights of Pomerania from her line, and the Socotras of East Prussia in my fathers.
 
But the Socotras are now as American as apple pie, which is another import from Europe.
 
Why I am caught up in the World Cup is quite beyond me. There are much more important things that should be occupying my attention. My pal Publius is concerned. I opened up the shortened holiday week by bitching about taxes.
 
That is the nature of things, and people have been complaining about them since the beginning of time. They are one of the contributing factors to why my German ancestors came to these shores. The dramatic increase coming in January will have consequences for all us, at least for those who pay taxes. It is worth consideration of the nature of how this massive government, big as that Dutchman’s ass, is challenging the Constitution.
 
I swore to defend that document against all enemies, foreign and domestic, and consequently I take the matter seriously, though not to the degree that a comrade of mine does. What he is doing is breathtaking.
 
He has actually drafted an extension of the Federalist Papers, the 85 essays on the proposed Constitution of the United States penned by Alexander Hamilton, John Jay and James Madison in the run-up to the Constitutional Convention of 1787. They wrote in secrecy, under the nom de guerre “Publius,” which is appropriate for my pal as well.
 
The essays were a sales job to convince the wary states that a stronger central government were a good idea. Number 10 discusses the means of preventing rule by majority faction and advocates an extended republic, and is generally regarded as the most significant. Federalist No. 14, in which Madison takes the measure of the United States, declares it appropriate for an extended republic, and concludes with a memorable defense of the constitutional and political creativity of the Federal Convention. In Federalist No. 39, Madison presents the clearest exposition of what has come to be called "Federalism."
 
In Federalist No. 51, Madison distills the arguments for checks and balances. I invite you to check them out. But my pal Publius is going a little further. He is of the opinion that the time has come for a New Federalist approach to the big Dutchman of government, and I think he is quite correct. The relationship between citizen and Washington has changed significantly of late, and it is worth an honest discussion.
 
I urge you to read what he has to say and comment. The following is an abstract of what Publius would like to do, and is in accordance with the principles of the Framers. We will go into further detail on each of his proposals in the next three days.
 
In the meantime, it is about time we talked about what is happening all around us. It may not be too late to do something about the shape of things to come. At least Publius is doing something about it.


THE FEDERALIST

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NUMBERS LXXXVI, LXXXVII and LXXXVIII
 
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CHESPEAKE, VA July 4th, 2010

 

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The author does not believe himself as talented or blessed with intellect as the authors of the first 85 Federalist Papers.  But the time has come to renew the discussion about the powers and extent of our government.  And it is our government, not the government of the people who live within 50 miles of the Capital building.  
 
The bureaucracy, the organs of government, continues to expand, both in reach and in shear size.  It would be one thing if this expansion followed from a serious and sustained public discussion as to the positive and negative impacts of an increasingly large, increasingly powerful and increasingly pervasive government, and a general acceptance that the benefits to be accrued from an increase in size clearly outweighed the costs and the risks.  But there has been little real debate.  In fact, much of this expansion has been without regard and without serious debate as to the effect their actions will have on the people’s liberties or to our posterity.  It would seem that it is now time to, at the very minimum, ask whether it is best to definitively restrict the bureaucracy so that the people may remain both safe and secure and also free.  It is to this end that the following is offered in an effort to stimulate this discussion and help to promote the changes necessary to keep our nation strong and free and our Constitution vital.
 
You will find discussions on three separate proposed amendments, one to limit federal spending, one to limit the creation of federal, that is bureaucratic, regulations, and one to limit taxation.  These are serious subjects that require serious debate. The answers are not easy or simple and require that we all commit some of our time to studying how best to address these issues and preserve our nation.  The following is offered to help fuel this debate.
 

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The three proposed Amendments are:
 
Amendment 28 – Limits to Federal Spending

  1. The Government of the United States shall have a budget no greater than 12.5 percent of the previous year’s gross individual income.
  2. The Government of the United States shall not spend – inclusive of all federal outlays – more than it collects.
  3. In the event of a national emergency, as declared by the President and agreed to by a super majority (2/3rds) of both houses of Congress, this spending limit may be exceeded.  The emergency must be reconfirmed every 12 months by the President and by a vote of 2/3rds of both houses of Congress.
  4. Following any declared emergency the Government must return spending to no greater than 12.5% within two years and eliminate any incurred debt with five years.
  5. This spending limit will be met within 3 years of the approval of this amendment.

 
Amendment 29 – Limits to Federal Regulation

  1. The Government of the United States shall pass no law or departmental regulation without establishing the cost to personal liberty, private property and to commerce of such action, and publishing these findings prior to final enactment of the legislation or regulation.
  2. The appropriate House and Senate Committee will conduct a yearly review of each regulation passed by agencies within their purview.  Regulations which have been challenged by the citizenry will be suspended until an impact statement has been provided by the appropriate agency and approved by the proper House and Senate committee.
  3. Any regulation that is not reviewed by the appropriate committee in both the House and Senate within a year of being placed in force will be suspended and cannot be reissued until considered by the appropriate committee.
  4. This amendment will be in force immediately upon approval.

Amendment 30 – Limits to the Income Tax, Amendment 16 is amended as follows:

1)    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.
2)    The federal income tax shall be a no more than 12.5% of total unadjusted income.
3)    No exemptions, allowances or other exclusions are to be provided to any one citizen unless they be provided to all.
 
Copyright Publius 2010

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