Sunday, March 3, 2019

Chapter Thirteen -- The Proposals to Amend the Constitution

Chapter Thirteen

November 15, 2017

It is a common experience that a problem difficult at night is
resolved in the morning after the
Committee of Sleep has worked on it.

John Steinbeck

The Committees formed by suggestion of and mediated by Sensus worked with startling efficiency. Thirty days after being delegated the task; the Committees had come up with a number of proposed amendments to the Constitution. Upon re-convening, Blair formally presented the proposed amendments for discussion to the delegates. While the debates that ensued, both by the delegates and in public were fierce, they were all for the most part respectful. The scope of those debates is beyond the scope of this monograph, and in all events is well documented elsewhere. However, it is appropriate here to list those amendments that were ultimately approved by a majority of the Delegates at the ConProAm.
  • “The Seventeenth Amendment is repealed returning the election of U.S. Senators to state legislatures as envisioned by Article I, §3, Clauses 1 and 2 of the Constitution as originally written.”
Committee Comment: Realizing the corrosive effect of popularly elected Senator reliant upon special interest money and influence and recognizing the wisdom of the Framers of the Constitution in securing a voice for the States in the federal government, the 100 year experiment in popularly elected Senators is deemed a failure and due to be repealed.
  • Article I, Clause 3: Apportionment of Representatives and taxes is amended to read: “Representatives shall be apportioned among the several States which may be included within this Union, by aggregating the U.S. Postal Service standard ZIP Codes sequentially starting with the lowest Zip code assigned to create Representative Districts of no less than 30,000 U.S. Citizens nor more than 40,000 U.S. Citizens. The ‘several States’ shall include the U.S. territories of, American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, and the U.S. Virgin Islands along with the District of Columbia.”
Committee Comment: Designed to eliminate the grotesque Congressional districts established to protect special interests, this rational, objective system for established Representative Districts will insure a wide diversity of Representatives responsive to their constituents. Where presently each Representative represents 700,000 people, this system will insure that each Representative is responsible to no more than 40,000 people. Two further points. This amendment would mean that the House of Representatives would be made up of some 7,500 Representatives. Second, given the experience of utilizing Sensus, logistical concerns about moving legislation forward in such a large deliberative body are not well founded. Finally, the delegates recognizes and resolved the incongruity of being a U.S. Citizen in a U.S. Territory without a vote in Congress by admitting the U.S. territories of, American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, and the U.S. Virgin Islands along with the District of Columbia into U.S. Statehood.
  • “Commencing five years after becoming an amendment, English shall be the official language of the United States and all public or commercial speech shall be solely in the English language.”
Committee Comment: The Committee found the sentiment of Theodore Roosevelt, the 26th President, in this regard fully contains the reason for this proposed amendment: “In the first place, we should insist that if the immigrant who comes here in good faith becomes an American and assimilates himself to us, he shall be treated on an exact equality with everyone else, for it is an outrage to discriminate against any such man because of creed, or birthplace, or origin. But this is predicated upon the person’s becoming in every facet an American, and nothing but an American … There can be no divided allegiance here. Any man who says he is an American, but something else also, isn’t an American at all. We have room for but one flag, the American flag … We have room for but one language here, and that is the English language … and we have room for but one sole loyalty and that is a loyalty to the American people.”
  • “The 16th Amendment is hereby repealed Congress is specifically prohibited from imposing an income tax”
Committee Comment: The present income tax code is riddled with special interest provisions that favor rich donors to political campaigns, distort business decisions and consumer choices, and handicap economic growth and job creation. An income tax is the most degrading and totalitarian of all possible taxes. Its implementation wrongly suggests that the government owns the lives and labor of the citizens it is supposed to represent. Tellingly, “a heavy progressive or graduated income tax” is Plank #2 of the Communist Manifesto, which was written by Karl Marx and Friedrich Engels and first published in 1848. To provide funding for the federal government, the Committee supports excise taxes, non-protectionist tariffs, massive cuts in spending and sales taxes.
  • The First Amendment is amended to read as follows: “Congress shall make no law respecting an establishment of a Judeo-Christian congruent religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
Committee Comment: This Country being founded upon the tenets of Judaism and Christianity, the protections afforded its Citizens for the establishment and free exercise of their religion extends only to religions that can claim a congruence derived from the Judeo-Christian religion traditions. The express purpose of this amendment is to prevent seditious creeds from seeking shelter in the First Amendment’s protections.
  • The first phrase of the Article V of the Constitution is amended as follows: “The President, whenever two thirds of the legislatures of two thirds of the several states, shall call a convention for proposing amendments . . .
Committee Comment: This amendment is designed to remove from Congress any role in amending the Constitution and placing the ministerial task of convening a Convention to Propose Amendments upon the President.
  • The Second Amendment is amended to read as follows: “The right of the a Citizen without a felony conviction to responsibly keep and bear Arms necessary for their protection shall not be infringed except temporarily for thirty days by a court of competent jurisdiction with just cause or upon a verdict by a jury stripping a person of such right upon terms the jury deems just.”
Committee Comment: The purpose of amending the Second Amendment is to ensure that Courts and Legislatures do not infringe upon this fundamental right of self-protection in the 21st Century which is besotted of firearms, legal and not legal.
  • An Amendment to the Constitution shall read: “The rights protected by this Constitution are the rights of natural persons. The words people, person, or citizen as used in this Constitution do not include corporations, limited liability companies or other corporate entities established by the laws of any State, the United States, or any foreign state, and such corporate entities are subject to such regulation as the people, through their elected State and Federal representatives, deem reasonable and are otherwise consistent with the powers of Congress and the States under this Constitution.”
Committee Comment: This proposed amendment seeks to return to the People, and strip from non-human entities, the rights guaranteed by the Constitution. The design of this proposed amendment is to eliminate powers that corporate entities presently enjoy and abuse.
  • An Amendment to the Constitution shall read: “No person shall be denied standing to privately prosecute a public right for at least declaratory or injunctive relief, even if he or she has not incurred, or does not expect, personal injury resulting from the failure to grant such relief.”
Committee Comment: A judicial-created barrier to access to Court known as “standing” is eliminated by this Amendment thus allowing grievances to be aired by any Citizen in a judicial forum.
  • An Amendment to the Constitution shall read: “Every federal judicial officer will sit for a retention election every four years. Those judicial officers deemed unfit for retention by both a majority of the votes casts will be removed from office and disqualified from future service as a judicial officer.”
Committee Comment: As Senator Ted Cruz has noted: “The Framers underestimated the judicial officers’ craving for legislative power, and they overestimated the Congress’s backbone to curb it. It was clear even before the end of the founding era that the threat of impeachment was, in Thomas Jefferson’s words, ‘not even a scarecrow’ to the judicial officers. Today, the remedy of impeachment — the only one provided under our Constitution to cure judicial tyranny — is still no remedy at all.” Accordingly, a direct check on judicial officers is necessary.

Thus it was that these ten proposed amendments were taken up for debate, deliberation and voting by the Committee of the Whole of the Convention to Propose Amendments.


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