Showing posts with label Constitutional law. Show all posts
Showing posts with label Constitutional law. Show all posts

Sunday, July 2, 2017

What Makes America Different?

Authored by Bill Bonner via InternationalMan.com,



“Elizabeth,” I asked this morning as my wife climbed out of the pool. “How would you describe that sea turtle we saw on the beach?”


Pausing for a moment, she replied, “Rotating its slow and majestic flippers, it ground its way slowly and inexorably toward China…”


The sea turtle was headed east. Whether China was its destination or not, I don’t know. I only know that it was about to leave the Latin America isthmus, from the west coast of Nicaragua, and put out to sea when a muscular, brown young man picked it up and carried it back up on the beach. He and his friends had dug a big hole in the sand where the turtle was placed.


At night, we often see the dim light of flashlights along the beach. “It’s the locals looking for turtle eggs,” Manuel explained. “It’s illegal to take them, but…” Manuel shrugged his shoulders.


Sea turtles are protected by international convention. But here in the wilds of Nicaragua, they still end up in the soup from time to time.


Not the Same America


This is America, too… but it is not the same America. It is the New World… but not as new as the world north of the Rio Grande. Here, the Old World has not yet been snuffed out. It survives in a semitropical paradise.


But the object of our attention today is neither the Old World nor the new one – but the ever-changing, never fully explored idea of America.


“Proud to be an American,” says one bumper sticker. “One nation – indivisible,” says another. America was, of course, founded on the opposite principle… the idea that people were free to separate themselves from a parent government whenever they felt they had come of age. But no fraud, no matter how stupendous, is so obvious as to be detected by the average American. That is America’s great strength… or its most serious weakness.


After September 11, so many people bought flags that the shops ran short. Old Glory festooned nearly every porch and bridge. Patriotism swelled in every heart.


Europeans, coming back to the Old Country, reported that they had never seen anything like it. A Frenchman takes his country for granted. He is born into it, just as he is born into his religion. He may be proud of La Belle France the way he is proud of his cheese. But he is not fool enough to claim credit for either one. He just feels lucky to have them for his own.


What Makes America Different?


America, by contrast, is a nation of people who chose to become Americans. Even the oldest family tree in the New World has immigrants at its roots. And where did its government, its courts, its businesses, and its saloons come from?


They were all invented by us. Having chosen the country… and made it what it is… Americans feel more responsibility for what it has become than the citizens of most other nations. And they take more pride in it, too.


But what is it? What has it become? What makes America different from any other nation? Why should we care more about it than about, say, Lithuania or Chad?


Pressed for an answer, most Americans would reply, “Because America is a free country.” What else can be said of the place? Its land mass is as varied as the earth itself. Inhabiting the sands of Tucson as well as the steppes of Alaska, Americans could as well be called a desert race as an arctic one.


Its religions are equally diverse – from moss-backed Episcopalians of the Virginia tidewater to the Holy Rollers of East Texas to the Muslims of East Harlem.


Nor does blood itself give the country any mark of distinction. The individual American has more in common genetically with the people his people come from than with his fellow Americans. In a DNA test, your correspondent is more likely to be mistaken for an IRA hitman than a Baltimore drug dealer.


America never was a nation in the usual sense of the word. Though there are plenty of exceptions – especially among the made-up nations of former European colonies – nations are usually composed of groups of people who share common blood, culture, and language.


Americans mostly speak English. But they might just as well speak Spanish. And at the debut of the republic, the Founding Fathers narrowly avoided declaring German the official language… at least that is the legend.


A Frenchman has to speak French. A German has to speak the language of the Vaterland. But an American could speak anything. And often does.


Be What You Want to Be


Nor is there even a common history. The average immigrant didn’t arrive until the early 20th century. By then, America’s history was already three centuries old. The average citizen missed the whole thing.


Neither blood, history, religion, language – what else is left? Only an idea: that you could come to America and be whatever you wanted to be. You might have been a bogtrotter in Ireland or a baron in Silesia; in America, you were free to become whatever you could make of yourself.


“Give me liberty or give me death,” said Patrick Henry, raising the rhetorical stakes and praying no one would call him on it. Yet the average man at the time lived in near-perfect freedom.


There were few books and few laws on them. And fewer people to enforce them. Henry, if he wanted to do so, could have merely crossed the Blue Ridge west of Charlottesville and never seen another government agent again.


Taxation With Representation


Thomas Jefferson complained, in the Declaration of Independence, that Britain had “erected a multitude of New Offices, and set hither swarms of Officers to harass our people, and eat out their substance.”


Yet the swarms of officers sent by King George III would have barely filled a midsize regional office of the IRS or city zoning department today.


Likewise, the Founding Fathers kvetched about taxation without representation. But history has shown that representation only makes taxation worse. Kings, emperors, and tyrants must keep tax rates low… Otherwise, the people rise in rebellion.


It is Democrats that really eat out the substance of the people: The illusion of self-government lets them get away with it. Tax rates were only an average of 3% under the tyranny of King George III. One of the blessings of democracy is average tax rates that are 10 times as high.


“Americans today,” wrote Rose Wilder Lane in 1936, after the Lincoln administration had annihilated the principle of self-government… but before the Roosevelt team had finished its work, “are the most reckless and lawless of peoples… We are also the most imaginative, the most temperamental, the most infinitely varied.”


But by the end of the 20th century, Americans were required to wear seat belts and ate low-fat yogurt without a gun to their heads. The recklessness seems to have been bred out of them. And the variety, too. North, south, east, and west, people all wear the same clothes and cherish the same decrepit ideas as if they were religious relics.


And why not? It’s a free country.

Thursday, February 23, 2017

How Tennessee Could Be About To Start A Constitutional Crisis

The State Senate of Tennessee has laid the legislative groundwork for something that hasn"t been done in the United States of America since the Constitutional Convention of 1787 in Philadelphia.  With a vote of 27-3, the Tennessee Senate has voted to call a "convention of the states" in order to draft and pass an amendment to the Constitution that would require balanced budgets to be passed every year. 


For those who are little fuzzy on their high school U.S. history knowledge, the Tennessean explains that the U.S. Constitution can be amended in two ways.  The first would require a two-thirds majority vote in both chambers of Congress, an unlikely outcome in today"s hyper-partisan political arena.  The second, on the other hand, requires that two-thirds of the states (34 in total) pass a resolution calling for a Constitutional Convention





There are two ways to propose amendments to the Constitution. The first and more traditional method is through a two-thirds majority vote in both the House of Representatives and the Senate. Then the amendment is sent to the state legislatures, where it needs ratification by three-fourths or 38 states in order to become law. Nearly all 27 amendments have followed this path.



But the Constitution also provides a second, more populist path to amending the document. If two-thirds or 34 states pass a resolution calling for a Constitutional Convention, delegates from all 50 states will meet to draft an amendment. This is what the Tennessee lawmakers are calling for in their resolution.



Of course, calls for a convention to pass a balanced budget amendment started in the 1970s and have failed each time.  That said, with Republicans now controlling 32 state legislatures, this latest effort initiated by Tennessee seems to have the best chance of succeeding so far. 


And while there have been close calls for Constitutional Conventions before, each time Congress has acted preemptively to stave off the need for a convention. In 1911, for example, 28 states of the required 32 passed a resolution calling for direct election of Senators before Congress intervened and drafted the Seventeenth Amendment instead.


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But, as the Tennessean notes, the problem with amending the Constitution through a convention is that once the convention is convened anything can happen.  For example, the last time the states gathered for a convention in 1787 they ended up tossing out the Articles of Confederation and forming an entirely new government based on the current Constitution.





The last time the states gathered to amend a governing document on the scale the resolution calls for, the delegates threw out America’s first basis of government and replaced it with the Constitutional system used today.



“They were supposed to meet to make amendments to the Articles of Confederation but ended up with a whole new form of government," said Nathan Griffith, an associate professor of political science at Belmont University. "Not just a new constitution, but a whole new form of government."



If enough states pass a similar resolution, then a planning convention could meet as early as this upcoming July, and by November the first Article V Convention in history could be called by Congress.


Meanwhile, as we noted earlier today, President Trump offered his own warning on America"s national debt this morning saying that "[spending] was out of control," as officials gathered to discuss the budget, adding that there is "enormous work to do on the national debt."





There is a "moral duty" to taxpayers, President Trump says at White House budget lunch, "we must do a lot more with less."



"Our budget is absolutely out of control" he added, and in the future "will reflect our priorities."



The hiring freeze for non-essential workers will remain.



"We have enormous work to do on the national debt"



There will be "no more wasted money, we will spend in a careful way."





Of course, we"re not really sure what all the fuss is about...only $10 trillion has been added to the national debt over the past 8 years, which, when you think about it, is a very manageable $31,000 per man, woman and child.


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And balancing the budget 5 years out of 50 is pretty good, right?


Budget Deficit