The Federalism Amendment

The Stench of Liberal Lies 2009/04/25 12:38:51
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I like the way obama is changing the country even if he crashes the country I will follow!
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To: State Legislatures
We the people of the United States of America are shocked, outraged and appalled at the unprecedented and blatantly un-Constitutional expansion of government into every aspect of our lives. The federal government has systematically and illegally nationalized nearly all power away from the states and local governments, where the individual has maximum control over his own affairs and community.

It has brazenly violated the sovereignty of our states more times and in more ways than we can even begin to count at this point, and its corrupt, self-serving tyranny is now driving this country into the ground.

Congress has become completely unaccountable, openly serving its own interests, at the expense of ours. It has become adversarial to our rights and general welfare. It imposes crippling, unprecedented tax hikes, matched only by the most staggering deficit spending in our entire history. We are being irreversibly bankrupted and our children robbed of their futures.

This is unacceptable.

We hereby call upon you to petition Congress for a convention to propose a new Amendment to the Constitution--The Federalism Amendment, as outlined by Randy E. Barnett, in "The Case for a Federalism Amendment," on April 23, 2009 (http://online.wsj.com/article/SB124044199838345461.html):

Section 1: Congress shall have power to regulate or prohibit any activity between one state and another, or with foreign nations, provided that no regulation or prohibition shall infringe any enumerated or un-enumerated right, privilege or immunity recognized by this Constitution.

This "expands the power of Congress to include any interstate activity not contained in the original meaning of the Commerce Clause. Interstate pollution, for example, is not 'commerce . . . among the several states,' but is exactly the type of interstate problem that the Framers sought to specify in their list of delegated powers. This section also makes explicit that any restriction of an enumerated or un-enumerated liberty of the people must be justified."

Section 2: Nothing in this article, or the eighth section of article I, shall be construed to authorize Congress to regulate or prohibit any activity that takes place wholly within a single state, regardless of its effects outside the state or whether it employs instrumentalities therefrom; but Congress may define and punish offenses constituting acts of war or violent insurrection against the United States.

This "then allows state policy experimentation by prohibiting Congress from regulating any activity that takes place wholly within a state. States, of course, retain their police power to regulate or prohibit such activity subject to the constraints imposed on them, for example, by Article I or the 14th Amendment. And a state is free to enter into compacts with other states to coordinate regulation and enforcement, subject to approval by Congress as required by Article I."

Section 3: The power of Congress to appropriate any funds shall be limited to carrying into execution the powers enumerated by this Constitution and vested in the government of the United States, or in any department or officer thereof; or to satisfy any current obligation of the United States to any person living at the time of the ratification of this article.

This "adopts James Madison's reading of the taxing and borrowing powers of Article I to limit federal spending to that which is incident to an enumerated power. It explicitly allows Congress to honor its outstanding financial commitments to living persons, such its promise to make Social Security payments."

Section 4: The 16th article of amendment to the Constitution of the United States is hereby repealed, effective five years from the date of the ratification of this article.

"This single change would strike at the heart of unlimited federal power and end the costly and intrusive tax code. Congress could then replace the income tax with a 'uniform' national sales or 'excise' tax (as stated in Article I, section 8) that would be paid by everyone residing in the country as they consumed, and would automatically render savings and capital appreciation free of tax."

Section 5: The judicial power of the United States to enforce this article includes but is not limited to the power to nullify any prohibition or unreasonable regulation of a rightful exercise of liberty. The words of this article, and any other provision of this Constitution, shall be interpreted according to their public meaning at the time of their enactment.

This "authorizes judges to keep Congress within its limits by examining laws restricting the rightful exercise of liberty to ensure that they are a necessary and proper means to implement an enumerated power. This section also requires that the Constitution be interpreted according to its original meaning at the time of its enactment. But by expanding the powers of Congress to include regulating all interstate activity, the Amendment greatly relieves the political pressure on courts to adopt a strained reading of Congress's enumerated powers."


The Undersigned
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  • Quebius 2009/04/30 22:20:50
    Count Me In
    I don't think this petition or any other will help change the direction of the country. Obama does whatever he wants and congress has no choice but to play ball or face media and political scrutiny. I like the petition, I signed it, but I don't think it is going to change anything.
  • The Ste... Quebius 2009/04/30 23:21:22
    The Stench of Liberal Lies
    Thanks every little bit helps its when you don`t do anything and the sky is falling then.The Left is marching because they know that 2010 is going to be a bloodbath and they are trying to push as much trash before they lose senate seats! sky falling marching 2010 bloodbath push trash lose senate seats
  • Torchmanner ~PWCM~JLA 2009/04/27 00:39:23
    Count Me In
    Torchmanner ~PWCM~JLA
    Stop the left wing idiots now.
  • hook 2009/04/25 16:02:42 (edited)
    Count Me In
    anney thing to stop the marxist count me in. [1984]
  • Selfish 2009/04/25 15:15:38
    Count Me In
    Great proposal
  • David the Elder 2009/04/25 12:41:20
    David the Elder
  • The Ste... David t... 2009/04/25 12:44:05 (edited)
    The Stench of Liberal Lies
    Thats your Op while its still free to say it!
    This is the great Liberal mind set David the Elders only responce to Petition the goverment to make them Beholdend to the Voter is Dribble,Great Liberal Deep Thought went into this folks elders responce petition goverment beholdend voter dribblegreat liberal deep folks
  • David t... The Ste... 2009/04/25 12:44:53
    David the Elder
    more dribble

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