Less Gov't = More Liberty!

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Legal Reform

 

Unfortunately, legal reform is difficult and NOT a common political topic. I’m NOT sure why.

But, legislation is the core of congressional leadership. Let me be clear, leadership is quite different than politics. As the author of statutes, Congress is the “expert” on all things legal.

The ideas expressed below are conversation starters. My intent is offer real legal reform that enhances individual Life, Liberty, and Property. We The People advance. Gov’t and special interests lose... yugely!

Disclaimer:

Ideas below are NOT campaign rhetoric (yet).
The topics below are conversation starting points.
I am looking for citizen engagement to improve upon these ideas.

 

Follow Our Constitution

First, and foremost, laws must agree with constitutional provisions and intent. Federal laws are to defend individual Life, Liberty, and protect legally-obtained Property. The law must NOT do anything beyond zealously defending these
Natural Rights.

Per Article II Section 1, the President swears to “preserve, protect, and defend the Constitution of the United States”. Congressional “leaders” are under a similar obligation.

Legislative Power, NOT Judicial Power

If Congress makes laws and the Judicial branch (merely) interprets the laws, why does the Supreme Court of the United States (SCOTUS) have the last say? Our broken politics take issues to the highest court in the land…

It seems that the Congress would simply amend or draft new legislation…

Since Justice John Roberts became Chief Justice, there have been several decisions that challenged Congress to re-legislate. That means, poorly-written legislation must be judged according to the way it is written – textually.

The future confirmation of Justice Kavanaugh is a move toward Textualism – a welcome change.

End Democratic Socialism

We must arrest and undo institutionalized Socialism.

Frederic Bastiat witnessed Socialists use democratic means to institutionalize The State. His witness, The Law (1850), defines the method of this transition as Legal Plunder (right). This term is illuminating and powerful. It identifies dangerous political undercurrents in the United States that have been at work since the 1830s. Sadly, our transition through Socialism to Communism is well underway.

So, what Socialism has taken root in the United States?

  •   A progressive income tax
  •   A national “bank”, the mysterious Federal Reserve (it is NOT a gov’t agency… it has NO reserves)
  •   Federal departments of Transportation, Education, Agriculture, and the FCC
  •   Retirement payments managed by gov’t
  •   Gov’t provided healthcare – for the elderly and indigent… so far…

IMHO, “leaders” in the United States have implemented more than two-thirds of the demands of the Communist Manifesto (1848). There is still time to stall and undo this advance.

None of these large, federal bureaucraZies are identified in The Constitution of the United States. They are all Legal Plunder. They all prop up an oligarchy. We The People (taxpayers) foot the bill and receive none of the benefits... without our consent.

… some are more equal than others. – George Orwell

End Corporate Personhood

Limited Liability = Limited Responsibility. This equation does NOT work for most everybody. This is a specific case of a Protected Class (two topic below).

Why did group of people (a faction) need additional legal protection?  Their superior number should have given them some legal clout. Their responsibility to others is diminished simply because there is more of them? Actions have consequences… even for corporations.

Irresponsible pollution and other decisions that adversely affect workers and residents surrounding a commercial facility should produce a legal remedy, NOT a limited liability. Are corporatists and financiers less responsible than you and me, less than working people? They shouldn’t be. Yet, via limited liability, they can shirk their responsibility. They can reap the rewards of corporate action/muscle with a much reduced risk. With corporate personhood, We The People are NOT a protected class.

End Sovereign Immunity

Law exists because actions have consequences. Irresponsible adults must pay the consequences for their irresponsibility. Appointed/elected officials are assumed to act responsibly. Their irresponsible action MUST have consequences, beyond being dismissed.

The basic defense of individual Life, Liberty, and Property are still in effect for appointed “leaders”. Public policy and local gov’t action that have a negative impact on citizens and residents deserve a proper remedy. In the long haul, city councils will be more responsive to its citizens if members are held accountable for their decisions/votes.

Evictions and other hardships caused by (unconstitutional) Eminent Domain MUST have consequences for elected officials who take these coercive measures. Citizens cannot take this type of action; neither should those appointed as “leaders”.

End Protected Classes

The introduction of Protected Classes is blatantly unfair and creates inequitable decisions. We need to remove this (unstable) precept from our legislation.

Each protected class makes “others” the unprotected classes. Picking a winner makes everybody else losers.

Laws, to be effective, must apply to all. They must also be clearly understood. Subtlety and nuance make bad laws worse.

For example, current laws to favor LGBTQ (or any other “protected” group) must NOT elevate some at the expense of all. Properly done, those in the LGBTQ community should be included with the population. Look at the wording of Amendment XIV. It did NOT directly address slaves/former slaves. It said ALL are entitled to privileges and immunities of citizens.

Gov’t is NOT the giver of special privileges. Gov't is established to defend Life, Liberty, and Property for everybody, equally.

Lady Justice is blind; all are seen equally in the “eyes” of the Law (right).

Reduce The Cost of “Justice”

There is rampant use of well-funded legal teams to stall, thwart, pervert, and prevent proper remedies. Often, a truly injured party cannot withstand legal proceeding against a corporate defendant. It should be obvious the truly injured parties are denied a proper justice.

There must be new legal thinking to elevate the standing of an injured party. Real injury demands a remedy.

End Federal Direct Taxes – Repeal Amendment XVI

Taxation is Theft!”, is commonly heard within the Libertarian Party. A govt’s right to take earned wages is stealing, a theft. Gov’t does not contract with citizens. It does NOT exchange a specific/contracted service for a fee. It merely takes. We, as citizens, can speak against gov’t action, but, it would still extort taxes from us.

In a model of ever-expanding, Socialist gov’t, it must be fed. Gov’t action requires funding. A gov’t hell-bent on influencing every facet of life will be quite expensive; increasingly more payroll taxes taken without consent.

The majority of action should be done by sovereign citizens and the individual states (NOT the federal gov't). The federal gov’t to do comparatively little… and “require” less funding.

I do favor repeal of Amendment XVI. This will enlist the sovereign states to become tax collectors for the federal gov’t. Each state to contribute per apportionment – Texas to contribute approx. 8.28%, 36 parts of 435. This has obvious advantages for the states and makes the federal gov’t dependent upon input and cooperation from the states.

Repeal Amendment XVII

The poplar election of US Senators emasculated the individual states. State leaders lost influence upon the federal confederation.

The People won?  NO. Special interests won. The state legislatures and The People lost big.

Returning the selection of US Senators to the state legislature would restore each state’s influcence upon the federal confederation.
It may also engage citizens in state-level governance and elections.

Consider rogue federal edicts. If states do NOT agree, they can flex their muscle through their apportionment. The individual states should have direct influence on federal "action". States reigning in the out-of-control federal gov’t is a yuge good for citizens.

 

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Life, Liberty, Property!

Web Author - Mike Kolls