Repeal! Ratify Legislative-House Constitutions. Pass Limited Bills.

A fresh start under good house rules would reboot the American Revolution.

Right now, the unconstitutional deep state’s slavemasters are the legislators. Legislators pervasively use unenumerated powers or grab executive power.

Grabbing executive power, legislators organize departments, create agencies, charter organizations (creating government-controlled offsite operations), control key hiring, control laying off and firing, delegate rulemaking powers, allocate line-item budgets, conduct supervisory oversight, and more.

To bring this to an end, we must put an end to legislators’ tyrannical current actions and statutes.

Repeal!

Legislators’ actions must be kept within good boundaries.

This will remove legislators’ current incentives to make bad choices. Also, this will stop legislators from helping others make bad choices. When one person or group’s actions are limited by good boundaries, this frees the persons or groups who are outside those boundaries to make their own choices.

The overall good boundaries that are needed are simple. Legislators must pass bills for laws, executives must enforce laws, and judges must opine on cases.

The good boundaries that are needed on legislators passing bills are simple. Constitutional laws must consist of constitutional rules and sanctions.

Current unconstitutional statutes instead are largely used to grab unenumerated powers, legislatively grab executive power, and delegate legislative power. Legislators’ actions are today’s tyranny.

Legislators should start ending their tyranny, by repealing all existing statutes all at once, right away.

Immediate, complete repeal would be exactly what’s needed in nearly all cases. In the remaining cases, immediate, complete repeal would transform the incentives on legislators and executives. Legislators and executives would immediately be strongly incentivized to start taking the next steps needed to make things right and keep things right.

  • Most current statutes are fully unconstitutional and unwarranted.

    Repeal would eliminate statutory support for executing these statutes.

  • On elderly healthcare spending and retirement income, current statutes are unconstitutional, but also have been used to unconstitutionally deprive people of property.

    In such cases when private property has been taken for public use, it is constitutionally required that the deprived people must be paid just compensation. Payments should continue until these grandfathered obligations are discharged.

    The current executive has the duty to interpret the constitutionality of the repeals and to take the actions that he interprets properly are constitutional. Immediately, the executive should stop taking the applicable paycheck deductions and the applicable portions of estimated tax payments. He should start selling off assets. He should keep paying off the obligations due to past takings.

    As soon as possible, legislators should pass new constitutional, minimal rules formally establishing what compensation payments should be made to grandfather-out these unconstitutionally-created obligations.

  • A few current statutes include rules and sanctions that are constitutional.

    Immediately, the current executive should interpret the constitutionality of these repeals and keep executing only those few rules and sanctions that are constitutional.

    As soon as possible while taking all due care, legislators should replace these repealed rules and sanctions by passing constitutional, wise, minimal rules and sanctions.

Ratify Legislative-House Constitutions

The Constitution provides the best-available foundation. Still, its developers left serious unsolved problems:

  1. Alexander Hamilton’s (or James Madison’s) alleged legislative line-item “power over the purse” would grab executive power. But the more fundamental requirement is that powers must be separated per the reserved powers of the people and the states and the article I, II, and III USA legislative, executive, and judicial vesting clauses. Powers must be separated so that then, the various powers can and will offset the other powers. This is the bedrock structure and process by which the Constitution makes governments self-limiting, securing freedom. To get the fundamentals right on budgets, legislators must only set the total budget and leave it to executives to allocate line-item budgets.
  2. At least one major party must be internally limited, so that this party selects candidates who will use their constitutional powers against others in governments. Activists and media must develop at least one party that has a party constitution.
  3. Legislative houses must also be internally limited by having constitutions. This legislative solution is outlined in Table 1 and Table 2.

The previous section called for clearing away the current statutes. The present section calls for clearing away the current committee structures. These actions, taken together, would eliminate the current unconstitutional statutes and anti-constitutional rules and committees.

This would eliminate the current leaders’ and committee members’ excessive power. Instead, ultimate power would be responsibly retained by each individual legislator and used by each individual legislator.

Current legislative committees’ scopes are anti-constitutionally open-ended. These would be replaced by working-group scopes that would be limited:

  • The legislative houses’ constitutions would each have a rule that each working group’s scope would be limited to that of at most one individual clause in the Constitution.

    Apart from that limitation, the structure of the various groups would be determined by each individual legislator’s initiative. Legislators could form, move to, or dissolve groups at will, subject to a second rule that each legislator would be required to belong to one and only one group at a time.

    Legislators would remain free to draft, sponsor, or cosponsor bills on other clauses in the Constitution. But now, each legislator finally would also have specific, narrow accountability to lead in supporting the constitutional clause of the group he chooses to belong to.

    One possible configuration of such working groups is illustrated by Table 2.

  • Each group would be held to its limits by other groups, whose members would each guard their own turf.

    Each group, then, would be a separated power, and would to some extent offset the other powers. This structure and process would create, on a functional, small scale, another variation of the bedrock separating and offsetting that’s the Constitution’s fundamental process.

The above changes to current statutes and current house rules are essentials.

Currently, legislators gain power by defying the Constitution. Under Constitution-promoting legislative rules, legislative would have to instead gain power by supporting the Constitution—in their roles, in their processes, and in their legislative products.

Pass Limited Bills

Bills must be limited to being constitutional.

The six-part test of constitutionality included in Table 1 should be applied rigorously to every still-used statute and to every new bill.

People must not be unduly deprived of liberty or property:

Bills should further be limited to what’s wise. Legislators shouldn’t apply government force wherever voluntary cooperation can readily develop:

  • As mentioned above, in the section on Repeal!, legislators should grandfather-out the unconstitutional takings and support for elder healthcare and retirement income.
  • Legislators should allow private defenses of all kinds. The right to keep and bear arms shall not be infringed. Civil, criminal, and military defenses have already in past times been partly or fully private. At times when military-capable technologies have been most needed, they have long been developed fastest and best with substantial private-sector leadership or inputs.
  • Legislators not only shouldn’t use government force unconstitutionally to “harmonize” healthcare or any other products, legislators also shouldn’t use government force unwisely to coin (or to print) money, to control weights and measures, to limit counterfeiting (since state governments already limit fraud), or to deliver mail.
  • Legislators should consider turning to private roads, using proven toll technology as a starting point.
  • Legislators should balance grants of monopoly to inventors and authors against these people’s use of the people’s legacy knowledge and of the people’s money for enforcement. Legislators should limit these grants to 3, 5, or 10 years while requiring continuous disclosure of all data on all covered products, or legislators should abolish these grants.
  • Legislators should require that other jurisdictions’ governments provide the guaranteed republican form of government. Each jurisdiction should have a constitution that controls structures, processes, and rights protections in the same ways the Constitution does, including by enumerating genuinely limited powers and by not creating unrepublican administrative states.

Legislators should not only make future statutes considerably cleaner, legislators should also make future statutes work to enforce the Constitution considerably better. When they set this as their mission, they will compete to find ways to innovate to limit governments and secure freedom.

Legislators should start by seizing the many opportunities detailed in Table 2.

Legislators are the people who are delegated the most power to set things right, and who have the duty to do that. But legislators pervasively have not done their jobs, and have done others’ jobs. Currently, legislators act as if regulators, executives, and judges are in charge. Legislators act as if they themselves are on the outside, commenting. Legislators constantly executively allocate line-item budgets, executively supervise, and executively order actions.

Now, legislators have this overall roadmap of how they can best fully support the Constitution.

The best time for legislators to start doing their real jobs is as soon as possible. It’s high time that we demand that legislators fully empty their current inboxes, and fully incentivize themselves to compete to limit governments.

Freedom is itself fundamentally just. Freedom also lets people fully use their knowledge and creativity to increase prosperity.

People are being blocked by tyrants. The biggest tyrants are legislators.

Repeal!

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Free the People publishes opinion-based articles from contributing writers. The opinions and ideas expressed do not always reflect the opinions and ideas that Free the People endorses. We believe in free speech, and in providing a platform for open dialogue. Feel free to leave a comment.

James Anthony is an experienced chemical engineer who applies process design, dynamics, and control to government processes. He is the author of The Constitution Needs a Good Party and rConstitution Papers, the publisher of rConstitution.us, and an author at Blaze Media, Western Journal, Daily Caller, The Federalist, American Thinker, Lew Rockwell, American Greatness, Mises Institute, Foundation for Economic Education, and Free the People. For more information, see his media and about pages, overview, and fresh takes on the Constitution.

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