The Three Constitutional amendments that would restore liberty.

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Money rules the world, and he who rules the money, rules the world. Therefore the key to restoring Liberty is to control the greatest and the most devastating power of Government, -- the power of the purse.

This power is at least three-fold: The power to tax, The power to print (counterfeit) money, and the power to control or confiscate private property. These three amendments address each area insuring liberty.

The taxation system proposed is, in my opinion, superior to the original taxation clauses found in the Constitution. (Who said you cannot improve things?)

I consider "The Fundamental Law" amendment as the crowning jewel of the three.

Please read the explanations, showing the consequences of each amendment.

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To deal with "eminent domain" and cumbersome licensing laws check out this:
The Fundamental Law Constitutional Amendment

You know how there are thousands convoluted laws from Federal, State and local governments, licensing operation of private businesses so that in certain places you can not do a manicure or haircut for someone else without a license, or you cannot add another bathroom in your own house without begging city for permission etc? Worse even, you cannot practice medicine without a license, so that medical "professionals" can jack up the prices into stratosphere because they squeezed out real competition by the force of government.

Any way, the laws are so voluminous and so convoluted that it is a nightmare to open a business or to do almost anything with your own property.

Remember: Private Property IS Liberty, if you didn't know that already.

On this principle, I found a solution:



The Fundamental Law Constitutional Amendment

Since Private Property is the foundation of all Liberty, the Fundamental Law of the Country is that Private property shall not be violated. The owner of the property can do whatever he wants with his property as long as he is not violating the property of others.

All such violations and appropriate restorations are to be decided by the jury of peers.

All other laws whether Federal or State or local, pertaining to private property are hereby and henceforth abolished.

Congress shall make no law, except with regards to public property. And all such laws should apply to all citizens equally, honoring natural, unalienable rights of individuals, and the rights of the States.



What do you think guys? We've just replaced hundreds of thousands of Federal, State and local laws governing private property with One Law!

The only question that a jury will now have to answer is: Has private property been violated, and what the appropriate reparation should be?

I think I like that! I like that a lot!

Think about what it will do for instance to healthcare industry. You just abolished all licensing laws pertaining to private businesses. This will allow the operation of an unfettered, free market, with all those majestic free market forces brought to bear upon the health care profession. It will bring prices dramatically down, while improving quality and availability. (Think how many people in a free market will go to a doctor that does harm to his patients? Not many. Look at computer market how dramatically prices dropped and quality improved in that market, compared to health care. Why? Regulation is the difference. The less regulation and the more free market, the lower the prices and higher the quality.)

Again to accomplish anything good you have to operate from a fundamental principle of truth. My Fundamental Law amendment does exactly that. That principle is: Private Property.

(This amendment should probably be passed before the Taxation amendment.)

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Taxation Constitutional Amendment

Since the only legitimate authority that the government can have is delegated to it by the individuals governed, and no one can delegate an authority he does not have; and since no individual has moral right to force his neighbor to disclose his income, property, or sales information, he cannot delegate such authority to his government. Therefore income, property, and sales taxes are expressly forbidden.

Thus, to preserve liberty and prosperity of the people, The only sources of revenue allowed to government are these: public property user fees, and voluntary contributions.

If a poor person cannot afford to pay a user fee, he should convince a jury of his peers of that, and be relieved of the fee.

The government shall not raise a user fee above the point where more than 10% of the citizens under their jurisdiction are acquitted of it by the jury of their peers.


Explanation:

Since government gets all of its legitimate authority by delegation from the governed, the government has no authority to force anyone to do anything accept what you and I have moral right to force him to do. If you as individual have no moral right to force your neighbor to disclose his income, you cannot delegate this authority to your government to force him for you. The same goes for disclosures of sales, or property inspections. If you have no moral right to force your neighbor to disclose his sales information, or force him to reveal his property, the government has no right to force him either; because the only legitimate authority the government has is what you delegated to it, and you cannot delegate an authority you do not have!

According to this fundamental principle of liberty (and I call it the Benson Principle, please See http://www.ldsfreedomforum.com/viewt...p?f=19&t=12347), income, sales, and property taxes are immoral, for they require an authority the government cannot properly have, because you do not have that authority.

So the only legitimate avenues of revenue for the government that remain are public property user fees, and voluntary contributions.

The idea here is, if you use it, you pay for it.

How do you pay for police? Police can be paid from public property user fees. Plus, if you want 911 operator respond to your calls, you better pay the fee to run it, etc. [Ok. It's probably better to finance 911 operators from road and sewer user fees, or something like that. It can be decided by popular vote as long as everyone is treated equally].

What about courts? A court is a public property. If you use it, you pay for it. And offending party should carry most of the expense.

What about defense? Well, you have your citizen militias at State and local level. Federal defense can also be paid for by the States from public property user fees and from voluntary contributions. At the border, the cost of operating customs can be born by customs user fees, etc.

Privacy = Liberty.

Government hates people's privacy because it prevents them from destroying people's liberty.

1% income tax destroys 100% of your privacy, because to calculate that 1% you have to disclose to the government the ENTIRETY of your financial life; this is a complete annihilation of privacy! A sales tax gives the government the right to monitor all transactions between people. Property tax gives the government the right to inspect your property every year. And since you as individual have no moral right to force your neighbor to disclose any such information, neither has the government, for you cannot delegate an authority you do not have!

This amendment is way better than what the Founders offered. For they allowed for import and excise taxes, which means that the government can monitor EVERYTHING you do, everything you produce, everything you sell, everything you buy, to see if a certain excise tax condition was met. Besides, if they don't like a behavior or a product or a service they can just uniformly tax it with an excise tax and thus control the people. Since no private individual under jurisdiction of this government has the moral right to do any such thing, the government has no authority to do it either, because again, no one can delegate an authority they do not have.

My amendment fixes all these problems in the original Constitution.

It also has an iron clad check on the amount of the fees: if the politicians will raise a user fee too high, everyone will escape the fee through the "jury" clause of the amendment, and the government will get nothing, because the jury of peers will acquit everyone. Thus, under this amendment for a fee to be paid, the people in general have to believe it is not excessive. That's the beauty of the jury check on the government. Besides, if jury nullification is spelled out like that in black and white in the Constitution itself (in this amendment) it will be that much harder to hide this power from the people again, (which power they already have, but don't yet know it). It's all about persuasion. The more clear, explicit and persuasive the law is the more likely it will be understood and followed by the people in general, to preserve their liberty. (The need amply demonstrated by last 100 years).

So the people are in greater control here.

Thus this amendment is a triple protection for your liberty, and is based on Fundamental principles of liberty.

This brief amendment would replace the entire federal tax code. And you will have your freedom.

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Honest Money Constitutional Amendment

Fiat monetary system and paper money inflation being some of the greatest enemies of liberty and prosperity of the people, legal tender laws are strictly forbidden.

Since no individual can rightfully force his neighbor to transact or not to transact in certain medium of exchange, he cannot delegate such authority to his government.

Government shall make no law establishing an exclusive form of currency that the people are forced to use in private transactions, neither shall it prevent free competition in currencies among private citizens, nor charge capital gain and sales taxes on the medium of exchange. The right of the people to transact among themselves in any currency they choose shall not be abridged.

Explanation:

Money rules the world, and he who rules the money rules the world. No law gives government more power than legal tender law, for it creates a government forced monopoly on counterfeiting; allowing politicians and the bankers who bought them to confiscate people's property through the most insidious and deceitful tax of all -- counterfeiting and inflation.

This one amendment, if implemented, would effectively end war-state and welfare state, for it would make it impossible for the government to fund all these unconstitutional ventures through the evil and insidious robbery known as counterfeiting and inflation.

This amendment does not force anyone to do anything, but on the contrary, frees people up, to allow competition in currencies, so the good money can crowd out the bad. You do not need legal tender laws to force people to accept good and honest money, but only bad and dishonest ones. The dirty little secret is that you only need legal tender laws if you are going into government forced counterfeiting business. That is the only reason for such laws.

To criticism that it would produce chaos:
Any manner of chaos is better than the forced, orderly plunder and confiscation of people's property through paper money inflation, that is the only alternative to this amendment. Of course, if gold and silver were the only tender used by the government (as Constitution demands) this problem would be largely alleviated, but the problem I see is that the government could (unconstitutionally) make government issued paper receipts for gold or silver to be legal tender, and then inflate the receipts. (This has actually happened in the early 1900's.) If a private bank did this and there was a run on the bank it would go bankrupt, but in case of government they will put taxpayers on the hook for this. (Hence was Roosevelt's forced confiscation of people's gold in 1930's to remedy such a run on banks, so people could not demand their gold anymore.) So it's better explicitly put government out of legal tender business all together. The free market can decide perfectly well what the medium of exchange should be.

To criticism that these provisions are already implied in the existing Constitution, we say true, (the authority to establish a legal tender,--an exclusive monopoly on the means of exchange,--is not granted in the Constitution, therefore it is denied under the 10th Amendment), but it was already subverted and ignored by the Congress for over a century, so we are adding stronger language in the form of an explicit amendment, so that the Congress may not easily subvert and overturn it again. It's all about persuasion in the end: the more clear, persuasive and explicit the law is, the more likely the people will uphold and obey it to preserve their liberty (the need amply demonstrated by the last 100 years).

Plus, allowing free competition in currencies is the most harmonious and the least disruptive way to restore an honest and sound monetary system. Let free market decide, or in other words, let the people decide. And then the most efficient and most stable monetary system will naturally emerge, which historically always has been gold and silver. Freedom and prosperity will win out in the end.

If these six words, "legal tender laws are strictly forbidden" were part of the Constitution, we would've had a very different country now!

Remember: Government forced Paper = Tyranny; Gold = Liberty.

This is the key of power right here. Paper money fraud is what empowers the government to step out of its Constitutional bounds and become a tyrant through counterfeiting and theft; and Gold makes all this for the government impossible, and binds this fraud down, keeping people free and prosperous.

Again:
Paper = Tyranny; Gold = freedom!

The choice is yours!

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These three amendments will restore Freedom because they protect private property from being stolen by the government through excessive and intrusive taxation, through counterfeiting, and through onerous laws, licencing and regulations.

Because in the end the truth is:

Private Property IS Liberty.

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I like this one better.

The voluntary funding amendment.

The Federal Government shall operate on the funds which are voluntarily sent to them each year by the people wishing to send them funds.
No debt will be incurred by the Federal Gov't, for any purpose or reason.
Each year, they will operate on whatever voluntary funds are sent in, and will not do any deficit spending.
All funds sent in will be anonymous, so as to avoid bribery and "quid pro quo".
There will be no taxation.

The gov't spending amendment.
The Federal Government will spend ONLY on the basic requirements for administartion of the the Constitutionally-authorized LIMITED functions, and no other spending shall be incurred.
Any spending shall be strictly limited to the proceeds received from the voluntary funding amendment.

Is This Fair?

Well, tempting, but …

Enlighten me here. Is not police, courts and defense are service the government provides to it's citizens? (Actually the only service it ought to provide.)
If so, since we created and hired this government to do this legitimate service for us, should we not pay our employee, the government?
And if we should pay them, for the service, should not this burden be equally distributed among all citizens?

Hence I proposed flat, equal amount fee on all adults to accomplish it. Whether you are rich or poor you pay the same equal flat amount for the service you receive from the government. Seems fair to me. And you preserve your liberty and privacy in the process.

What do you think?

How about we also enact the

How about we also enact the following:

1. The Enumerated Powers Act

2. Read The Bills Act

...

I like that too! ...

I like that too! ...

I would prefer to put a leash on the fed gov

by use of the state rate tax plan proposed by the constitution party. In the plan the fed taxes each state according to the states population therefor the states will be much much more likely to stand up to Washington because people will hold their state representatives accountable for high taxes. Furthermore it makes it extremely difficult to have a welfare state because the states will not like it that they have to raise taxes on their people just so another state can get a bigger part of the pie. If you also repeal the 17th amendment you would have some real teeth with this one.

Privacy is the key here, not just the amount

I agree that it is better than what we have now, but still. If you have a "rate" a percent of your income or sales or property that you need to calculate in order to pay the tax to your State, by very nature of the tax, even if it is 1% rate, you just gave up 100% of your privacy, because in order to calculate this 1% you gave you State government the right to monitor everything you do, everything you earn, everything you sell, everything you own. Too much power for the State. But if there is no "rate", no percent to calculate, just a flat, equal amount fee for all, that preserves 100% of your privacy.

You see what I am saying?

Thanks for commenting.

The Bill of rights and most of the rest of the Constitution

are not obeyed now. What makes you think that instituting another would really stop those hell bent on power?

Here is an additional one that might give some bite to the remainder:

If a citizen kills a politician or bureaucrat who has voted for, signed or enforced any law that violates the Constitution, the killer cannot be charged with a crime, and if he is and a jury finds him innocent based on their reading of the Constitution, the lawyers who prosecute him shall be executed within 30 day of the verdict. A special judge randomly chosen from the population by lottery shall preside at such a trial instead of the a normal rubber stamp federal judge.

Do you realize that there is no punishment to anyone in government for violating the Constitution?

"The deepest sin against the human mind is to believe things without evidence." Thomas H. Huxley

We should always strive for

We should always strive for better laws. I believe that my taxation clauses are superior to the ones found in the original Constitution, for they protect freedom and privacy better.

You only have the rights that the majority of your fellow

citizens are willing to endorse. This is why most of the provisions of the Constitution fail to be enforced.

But if you have a right and a way to enforce it that does not require the majority of your fellow citizens to endorse (most people really today don't endorse most rights) then you can keep power seekers at bay.

Your suggested amendments could be subverted by those in power. Hell, the Constitution now requires that only gold and silver coins be legal tender, but when is the last time you bought something with gold or silver coins.

So your suggested amendments are no better than the faulty document that our Founding Fathers poorly drafted. Unless violence against those who subvert the letter and spirit of the Constitution can be protected, the Constitution itself cannot be protected. That leaves us only with the option of extra-Constitutional violence, revolution.

This thread is yet another that is within the control of those in power instead of giving people the ultimate control.

Your proposal is worthless because there is no consequence to those who can figure out how to subvert it. You would be a poor parent if there would be no consequences to the misbehavior of your children and your life would be miserable while they lived with you. So if there are no consequences to those who violate the Constitution, those violators soon learn that they have free reign and and easily run roughshod over the rest of us.

"The deepest sin against the human mind is to believe things without evidence." Thomas H. Huxley

There are consequences

If Constitution is violated there are things you can do:

1) You can rightly disobey unconstitutional law.
2) You can vote out the bastards that passed it.
3) You can impeech them or
4) You can try them for treason.

But you have to have clear and unmistakable law that have clear convincing power for this to work effectively. That's what I am trying to do in these amendments.
It's all about persuasion. The greater the persuasive power of a law the more likely it will be followed by the people in general.

Thanks for your comment.

Wow, harsh. I agree with

Wow, harsh.

I agree with you, Uri. It might be that an even more blatant Constitution would also fail, but all we know is that it was our vaguely written and all too interpretable Constitution that failed.

Ventura 2012

How about this one?

Amendment XXVIII

And we mean it!

Actually, I was thinking

Actually, I was thinking just to add the one four-word amendment only. There's really not all that much wrong with the constitution we have.

It can be made better.

I don't like the original taxation clauses (though they are infinitely better than what is being enforced now). Mine protect your privacy better. In addition If things are explicitly stated (rather than implied) they have greater convincing power and much harder to subvert, the need amply proven by the last 100 years.

Good Idea!

Combine it into one so it is easier to pass!

Thanks!

"public property user

"public property user fees"

I think that you would also have to ban eminent domain in this case, because the gov. would have a big incentive to abuse it if public property was a large source of income. Good post, though.

Ventura 2012

Check out this:

http://www.dailypaul.com/node/111940

This should protect private property.

Good point...

Good point...