William Stoecker / April 21, 2015

A Constitution for a New Republic

The John Birch Society and other patriot groups and individuals rightfully oppose any Constitutional Convention at this time; such a convention would likely be used by the elites to destroy the few tattered remnants of our former Constitution. But if, by some miracle, we survive the destructive efforts of our Mullah-in-Chief, perhaps a new Republic (or perhaps several) can arise from the ruins of the old one — for, yes, our late, great Republic has been virtually destroyed. At that time, perhaps a new and improved version of our old Constitution might become a practical reality. And I have a few suggestions regarding the necessary improvements.

Our former Constitution was a relatively brief document, contrasting favorably with many current laws which are often hundreds of pages long. But this simplicity made it easier for unscrupulous individuals to misconstrue it by design, increasing the power of the federal government and crushing the rights of the citizens. Of course, no document, no matter how well written, can guarantee the preservation of freedom, which requires a morally just, informed, and energetic body of citizens, ever-vigilant and ready to repel all assaults on liberty. But certain things need to be spelled out in detail to make the citizen’s task easier, and to more readily frustrate those who seek to undermine our freedom.

Another general issue is the degree of federal power versus state sovereignty. It is often forgotten today that the anti-Federalists had good reason to fear the document produced in 1787, while the equally honorable Federalists stated valid reasons for their “more perfect union.” And bear in mind that there is no sharp line between a confederacy and a federation.

So I would suggest that our future Constitution spell out clearly that the states have a right to secede and the federal government has no right to go to war against them for doing so. It should also state that federal law cannot usurp state law, and that no treaty can take precedence over our Constitution. We may retain judicial review of state and federal laws, but this review should be very limited in its extent. Only a state’s own Supreme Court or the US Supreme Court should be able to declare a state law unconstitutional, and only the US Supreme Court should be able to invalidate a federal law. They should be able to do so only if a super-majority of the justices agree, like, for example, eight out of nine. And state judges should be elected for fixed terms by popular vote, and federal judges at every level should be appointed by the Senate for fixed terms, not for life.

The Federal Reserve should be phased out and no central bank should be allowed. And here is a radical idea: the federal government should not be able to borrow — not ever, for any reason. Only the federal government should be able to create money, whether based on precious metals or by strictly limited and controlled fiat. No bank should be able to create fiat money or engage in fractional reserve banking.

It should be unconstitutional for the US to belong to any supra-national organization like the UN or NATO, or to support or contribute to such global finance centers as the IMF, the World Bank, or the Bank for International Settlements. The new Constitution should also forbid any form of foreign aid, including government-guaranteed loans. While we are at it, let’s also forbid federal aid to (or control of) any schools or universities other than the service academies, or government-guaranteed student loans, or any aid to or control of local or state police forces. And there should be no federal welfare of any kind — in the long run we should even phase out Social Security.

The Fourteenth Amendment has been deliberately misconstrued to allow “anchor babies” to become US citizens. The new Constitution should make it clear that citizenship is to be reserved for children born here of parents who are US citizens, or who are legally admitted and later become citizens.

The IRS and the income tax must be abolished (along with the EPA, BLM, DHS, Department of Education, the Department of Health and Human Services, and the Department of Energy).

The government must be forbidden from seizing private property for any reason other than the construction of roads, bridges, military bases, etc. Asset forfeiture, or theft by the police of the property of people who have not been convicted of any felony, must be forbidden.

The Second Amendment has to be spelled out in such detail that undermining it will be almost impossible. It must clearly state that the right to keep and bear arms (“bear” means to carry, in public) is an individual right, and the only restriction should apply to weapons of mass destruction: nuclear, chemical, and biological.

I would further suggest that only natural born US citizens be allowed to vote, and only after paying a poll tax and passing a test on US history and civics. The Seventeenth Amendment should be nullified, and federal Senators should be elected by state legislatures. We might consider abandoning the Virginia Plan of 1787, which was a compromise between more and less populous states, giving each of them two Senators and a number of Representatives proportional to their population. Even this diminishes state sovereignty, and I would suggest a unicameral Senate, with one Senator per state.

We used to have state militias, but early in the last century these were re-designated as the National Guard (the name says it all) and now the Guard is pretty much controlled by the federal government. We need to return to state militias, and spell out clearly that they cannot be called into federal service without a formal declaration of war and the approval of the governor of each state.

Oh, and one last thing. Except for judges and prosecutors, lawyers should not be allowed to hold public office.

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