Kern: A Constitutional manifesto to save America

Stop asking my opinion - we need to go back to the Constitution and hold politicians accountable.


Indianapolis, January 10, 2015 –  If you’re active on the internet, you probably receive all sorts of unsolicited questionnaires. Most of the questions, though, are poorly-written, leading, or of the “Have you stopped berating your wife?” variety, where no answer can possibly work.

So, to all the surveyors out there, you need not send me any more questions. Here are my answers:

I want this country to go back to the Constitution. This means the dismantling of the unconstitutional bureaucracy, ending regulatory legislation, requiring courts to use the base law, in its original meaning when rendering decisions, using precedent only as a tie-breaker instead of proceeding from the most-radical deviation as the baseline, the reinstalling all legislative authority in the legislative branch (and if it’s too much work for them, reducing their reach until they can keep track of the laws they write), and requiring all laws to apply equally to all people, including those who write, administer, and enforce the laws.

In order to achieve sustainable government, this basic principle must be incorporated into every legislative action, and become the bedrock for future law and regulation:

All federal laws, programs, regulations, mandates, taxes; and all federal administrative duties, investigations, penalties, and limitations, shall apply equally and at all times to all citizens, private, governmental, and corporate.

(And holding a federal office will no longer be taxpayer-funded protection from the nefarious or negligent acts of the ruling class or its minions.)

Because some programs are already in place, and millions of people depend on them for their very existence, some accommodation for the payment of these unavoidable debts must be made. Here is the solution:

All federal debts will be paid for, first, by extracting necessary monies from Congressional, Judicial, and Executive Branch pensions, and then extended to include the pensions of all federal government employees. All other forms of debt amelioration, including taxation, appropriation of private and corporate assets, and any other means, shall be authorized only after these pensions are exhausted.
(Perhaps the parasitic class will think twice before so willingly signing up to do the devil’s work, for example, at the IRS.)

Once these basics are in place, further refinements could include such basics as single-issue Bills, a requirement for a balanced budget except in times of legally (Congressionally) declared war, and the abolition of the IRS and every bit of its structure, replacing it with a consumption tax on all new items sold, at a rate which can fluctuate according to Congress’s spending needs.

With such a system, no intrusion, no spying, no audits, no blackmail and no extortion will be available to the federal government through weaponization of the tax system, and government spending will be immediately reflected in the tax rate.

A specie-backed currency will be the currency of the land; there will be no need for the Federal Reserve. Banks, insurance companies, auto companies, unions, and every other individual or business entity will be self-financed, through internal cash generation or investment it attracts; the federal government will not be involved in private-sector finance. There will be no criminal institutions and no poorly-managed firms judged to be “too big to fail.” Failure will be met with its consequences, not with taxpayer bailouts. A necessary corollary to this will be that the public will inform itself, through due diligence and the market, and thus become interested and informed.

Fraud will be prosecuted in all instances, including frauds perpetrated by government employees (in and outside the course of their jobs), who will pay for their own defense individually and privately, in all criminal and civil suits.

All inheritance, gift, and estate taxes will be abolished. This will obviate the need for incorporation of family property and businesses and protect one’s life work from government theft, and make investment attractive.

As in most state governments, all bills must be of a single subject. If the Congress finds that this would create too much of a burden, they need only reduce the number of things they try to control.

All bureaucracies will be prohibited from writing regulations that have the force of law. A law is a law, and it’s written by the legislature; or it’s something else, and it has no force of law. Bureaucracies may analyze and advise and suggest legislation, but only the legislature’s work, passed and then signed by the President, have the force of law.

And laws will be enforced. There is no such thing as “Executive discretion,” whereby the President claims authority to enforce or ignore laws at his will. Under that dangerous principle, all the ruling class needs do is pass laws against every activity; then the President could pick and choose whom to prosecute. That’s a dictatorship. And it’s close enough to today’s circumstance to be alarming.

These ideas, of course, are just a crude beginning at a restoration of basic freedoms and they don’t proscribe the government from doing its legitimate duty, but they give the populace a fighting chance at understanding and affording its government.

Oh, and if, after implementation of these ideas, additional problems remain – call me.

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  • John

    Tremendous, tremendous article. This is essentially what Ron Paul has stood for most of his career in politics and hoped to accomplish had he been elected President. This is the reason I voted for him in the last two elections. He ran knowing he couldn’t win and I voted knowing the same. The only other option was to write myself in. With Obongo, “Insane” McCain and Romney as the predetermined choices, what it amount to was there was no choice at all if you have any principles and try to follow them scrupulously.

    • richard

      I like the requirement that all laws apply to everyone equally. Bastiat’s ideas are alive and well. Good job Mr. Kern.