On This Day in History: September 27, 

2019May God Bless and Save the United States of America – Our Constitutional Republic !

Federalist Papers 2020 #2 On Article I — Legislative Powers

It is the year of our Lord Twenty Twenty and of the United States of America the Two Hundred Forty-four. The majority of our citizenry lives in some degree of affluency when compared to the rest of the world, yet at this time, We the People have seemingly lost our way. Where are the fervor and zeal of our Founding Fathers and those of our patriotic ancestors who established our Constitutional Republic as a bastion of Liberty? There must be some cause, some good reason, why our Founding Fathers and our patriotic ancestors were so eager for Liberty then, and now We the People are eager for the servitude (slavery) of Socialism. Therefore, I have determined to lay aside my Quill Pen and take Keyboard in hand to once again write in defense of our divinely inspired Constitution.

Our Founding Fathers were true Statesmen, whose only desire was for the good of our fledgling nation and the Liberty and Freedom of We the People. It is true they had loyalty to their several States, but they had no “Party” loyalties because political parties only emerged during the administration of President George Washington. He is the only President in our history not to belong to or have allegiance to a political party.

In Federalist Paper 2020 #1, the six purposes We the People had for establishing our Constitutional Republic were covered as stated in the Preamble. The means for accomplishing these purposes were then set forth in the seven Articles of our Constitution. The first three of the Articles established a republican government with three co-equal branches — The Legislature, the Executive and the Judiciary. These Articles also set forth the limits of these co-equal branches of government. The remaining four Articles cover matters concerning the several States, methods of amending the Constitution, the supremacy of the Constitution, and the ratification procedures for the Constitution.

We the People need to reflect upon the genius, the miracle, of our Congress as set forth in Article I. Legislative Powers.

Section 1 of this Article states: All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.

Our Founding Fathers most contentious sticking point of the Virginia Plan offered by James Madison was over representation in the legislature. The small states held that representation by population would leave them without an effective voice in the government. The large states held they should have greater voice because of their population. This issue was finally decided through the Connecticut or Great Compromise which gave us our Bicameral Legislature. A bicameral Congress with two legislative chambers – a House of Representatives (the People’s House) and a Senate (the State’s House). The lower chamber, the House, was designed to proportionally represent We the People based upon population and is elected every two years. The upper chamber, the Senate, was designed to equally represent the individual States, large or small, with only two Senators, each with one vote. The Senators are divided into three classes and serve for six years. One-third of the Senators being elected very two years.

In order for any Bill to become law, both We the People’s house and the States’ house, the Senate, would have to pass the Bill with a majority vote before it could be sent to the President for his signature or veto. The President must give reason for the veto when returning it to Congress. Should the President refuse or neglect to act on a Bill, it automatically becomes law in ten days, excluding Sundays, while Congress remains in session. If the President vetoed the Bill, it could still become law by a re-vote in the Congress. To override the veto would require a two-thirds majority vote in both chambers of the Congress.

This system of checks and balances between these three groups, the House, the Senate and the President, has proven most advantageous for We the People throughout the Two Hundred Thirty-three years of the existence of our Constitution. The genius of this organization is that it prevents the centralization of power by would be oligarches. An oligarch is a very rich leader with a great deal of political influence. In We the People’s present circumstances, these would be Nancy Pelosi, Chuck Schumer, et al who desire to change our Constitutional Republic into a Welfare Socialist State. This would be a government where they would have power and control and make We the People slaves on a federal government plantation. Their vision would reverse the roles as set up by our Founding Fathers making We the People the “servants” and our representatives the “rulers.” Their vision would forever destroy the Founding Fathers’ vision of a Union of independent States where the federal government had limited power in a Constitutional Republic. Limited powers that were defined in the Preamble to our Constitution and our Bill of Rights, the first ten amendments to our Constitution.

But then it happened! We the People got careless and we were not as vigilant over our elected representatives as is our responsibility. In 1913 during the administration of Woodrow Wilson, our 28th President (D 1913-1921), two major “Seeds of Destruction” to our Constitutional Republic were sown as Amendments XVI and XVII were ratified on February 3 and April 8 respectively.

The first, Amendment XVI. Direct Income Tax reads: “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.”

This amendment is one of the fundamental foundation blocks of Marxist Socialism. In 1848, Karl Marx and Friedrich Engels listed the steps necessary to convert a democracy into a socialist state as follows:

  1. Abolition of real estate property rights and application of all rents to public purposes.
  2. A heavy progressive or graduated income tax.
  3. Abolition to all rights of inheritance.
  4. Confiscation of the property of all emigrants and rebels.
  5. Centralization of credit in the hands of the state, by means of a national bank monopoly using state capital.
  6. State control of the means of communication and transportation.
  7. State owned factories and instruments of production; and, the development of a common plan to bring into cultivation waste lands and to improve the soil generally.
  8. Equal liability of all to labor. Establishment of industrial armies, especially for agriculture.
  9. Combine agriculture with manufacturing industries. Redistribute the population more equally across the country blurring the distinction between town and country.
  10. Free education for all children in public schools.

Before the ratification of the Sixteenth Amendment, Congress, according to Article I Sections 2 and 9, could only raise monies by “taxing” the several states according to apportionment. This provided a check against federal spending and the growth of the national debt by the several States. With the ratification of the Sixteenth Amendment, the Federal Government was able to begin its policy of redistribution of wealth. The ability of the Federal Government to directly tax its citizens has allowed them to “plunder the property” of We the People without restraint. The direct income tax has allowed for ever increasing deficit spending and the spiraling out of control National Debt which now has reached to 26.5 Trillion Dollars.

When the federal income tax was being debated on the floor of We the People’s House in 1913, Republican Congressman Sereno E. Payne of New York stated: “As to the general policy of an income tax, I am utterly opposed to it. I believe with Gladstone that it tends to make a nation of liars. I believe it is the most easily concealed of any tax that can be laid, the most difficult of enforcement, and the hardest to collect; that it is, in a word, a tax upon the income of honest men and an exemption, to a greater or lesser extent, of the income of rascals.”

Initially the income tax, as introduced in the Congress, was to be a flat tax of 3% on all income above $5000. It has however since 1913 become a heavy progressive and graduated income tax. It has, from time to time, gone to more than 50% for some individuals and as high as 92% for corporations. Without the Sixteenth Amendment, it is probable that our 32nd President Franklin D. Roosevelt’s (D, 1933-1945) socialistic New Deal would not have passed the watchful eye of the State Legislatures. With this direct income tax, We the People have gone from taxation with representation to taxation without hesitation!

The second, Amendment XVII. Direct Election of Senators reads: “The Senate of the United States shall be composed of two Senators from each State, elected by the people thereof, for six years; and each Senator shall have one vote. The electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State legislature. …” (Emphasis added.)

Popular election of Senators has destroyed the vertical separation of powers (national, state, local, We the People) the Founding Fathers placed in the Constitution granting to the several States their equal voice in the Federal Government. Since the Senators are no longer elected (hired) by the several states’ legislatures to represent their state, they, the Senators, are no longer beholden to their State’s Legislature and the Governor. They, like the members of the House, are now beholden to We the People, who elected them and the private and special interests that fund their campaigns. Prior to the popular election, senatorial candidates were relieved of the burden of running for public office. This allowed for more deliberate persons to serve who wouldn’t otherwise be drawn to public office given the demand of campaigning.

The Senators, as envisioned by the Founding Fathers, were to represent their State on more national concerns, as opposed to the regional interest of concerns within different parts of their individual states. The Senate should be the brake against the more trend-susceptible House which represent local districts within the states.

One of the pretexts for passing the Seventeenth Amendment was its motivation to prevent big corporations from essentially bribing legislators and buying politicians. While there may be some merit to that initiative on principled grounds let us ask ourselves whether that has really kept corporate and wealthy actors from leveraging their influence at any and all levels of political decision making.

The results of this amendment have been twofold. First, it has destroyed the vertical separation of powers as envisioned by our Founding Fathers. We the People now have two “people’s houses” in the Congress rather than the people’s house, the House of Representatives, and the states’ house, the Senate as originally set up by the Founding Fathers. Second, it has inflicted upon the several States a myriad of “unfunded federal mandates” because many of We the People want pricy social-justice programs that cannot be funded completely through the direct Income Tax. Consequently, We the People get taxed for these expensive social-justice programs twice, first by the federal government and then through their unfunded mandates by our several States. These unfunded mandates lack transparency on the part of the federal government. This is because they only report the federal government portion of the cost of the total program which may only be one-third of the actual cost. The several state governments then have to raise taxes to pay for the deficit, the remaining two-thirds, passed on to them as an unfunded mandate. A mandate that is mandatory if they want their portion of the program’s federal funds!

Twice before 1913 the notion of the Senators being popularly elected was suggested. The first was in 1828 as a Constitutional Amendment. The second was during the administration of President Andrew Johnson (D, 1865-1869) who recommended it. Both these efforts failed because We the People were still familiar with the thinking and intent of the Founding Fathers.

After the Civil War and during Reconstruction, the nation began its drift toward a stronger federal government with the states losing sovereignty over a number of issues. By 1912 as many as 29 States had some form of election to let legislators know their preferences for United States Senators. Amendment XVII was the natural outcome from these straw polls being taken in the States

These two amendments opened the door that has allowed our nation to move inexorably from a Constitutional Republic inspired by God through the Founding Fathers to a Democracy with all of its excesses leading toward Socialism. The effect of this federalism was to break two strong links in the “chains of the Constitution” which had bound the Federal Government and preserved the independence of We the People and the power of the States as guaranteed by the Tenth Amendment. To completely restore our nation to the Constitutional Republic established by our Founding Fathers, We the People need to repeal both of these Amendments!

May God Bless and Save the United States of America —
Our Constitutional Republic !

Publius