Reining in the Power to Tax
THE SECOND AMERICAN REVOLUTION - ONE WAY OR THE OTHER [PART 2]
“An unlimited power to tax involves, necessarily, a power to destroy; because there is a limit beyond which no institution and no property can bear taxation.” Chief Justice John Marshall, writing in M’Culloch v. Maryland (1819).
The states, meeting in convention pursuant to Article V of the Constitution, should consider:
(1) PROPOSED AMENDMENTS. REFORM OF CONGRESS
Amendment XXVIII. Limiting the Power of Congress to Tax
Sec. 1. Congress’ authority to lay and collect taxes, duties, imposts and excises, granted by Article I of this Constitution, shall not exceed [x] percent of the dollar amount of annual Gross Domestic Product (GDP).
Author's comment: The x amount could be determined by having economists calculate what it would require to carry out the federal government’s enumerated and mandated duties. A target amount might be in the neighborhood of 12%-15% of GDP.
Medicare, Social Security, Medicaid and other welfare programs are not mandated by the Constitution. The states should determine what would be a reasonable—and sustainable—level of spending for all entitlements, giving priority always to the constitutional mandates such as providing for the common defense—including securing the borders. States may want to consider whether, over a period of 70 years or so, Welfare and Social Security would be phased out entirely. The author chooses a 70 year phase-out because that has been the approximate period of time that Scoial Security and Welfare have taken to creep in and [within the foreseeable future] overwhelm the federal budget.
Sec. 2. In the event of a state of war, declared by the Congress in accordance with the Constitution, or in the event of a national emergency not involving war, a majority of the legislatures of the several states shall have the authority to waive compliance with this amendment for the duration of the war or for a term of years in order to meet the emergency.
Comment: By having to go to the state legislatures for waiver, we send an undeniable message that the federal government is one of enumerated powers and the powers not enumerated in the Constitution belong to the states or to the people (See: Amend. X – Bill of Rights).
Sec. 3. Congress shall not circumvent the intent of this amendment by imposing mandates on the several states for which Congress does not provided sufficient revenue from the Federal Treasury to carry said mandates into effect
Amendment XXIX. Retiring the Public Debt
In order to retire the public debt of the United States, Congress shall enact a temporary surcharge of 1% of GDP, collectable pro rata from the different segments of the economy which make up the GDP, to be used solely for the purpose of accelerating the payment of the principal of the public debt until said debt is paid in full. Regular debt service, including payments to principle, shall continue to be made from the general budget until the public debt is retired.
Amendment XXX. Simplification of the Tax Code
Sec. 1. The tax code shall be used solely for raising revenue to pay for government services.
Sec. 2. The tax code shall not be used for “social engineering” to bring about social change or what Congress may see as a “desirable outcome,” however desirable such change or outcome may be.
Amendment XXXI. Term Limits on Legislators
Sec. 1. Legislators elected to serve under the provisions of Article I of this Constitution shall be limited to serving four terms in the House of Representatives or two terms in the Senate during their lifetime.
Sec. 2. Legislators who serve terms in both the House and the Senate shall be ineligible to serve more than ten years total service.
Amendment XXXII. Term Limits on Congressional Staff[i]
Sec. 1. Persons serving on the staff of a member of the House of Representatives or of a Senator may not serve more than ten years cumulative service in any combination of paid and volunteer service to a House and/or Senate member after that member is elected to office.
Sec. 2. Staff of members of the House of Representatives or the Senate who are prohibited by term limits from further service in that capacity may at their option, and provided vacancies exist, transfer to the Civil Service without loss of seniority or benefits. PROVIDED, HOWEVER, this amendment confers no special privilege other than the right to transfer. Members of the Civil Service who shall have transfered under this provision shall be subject to the same rules and discipline as any other civil service employee.
Sec. 3. Staff members may not circumvent the intention of this amendment by lobbying, advising or consulting with any member of the House of Representatives or Senator, whether as Civil Service employee or as a private individual, for a period of five years next after their legislative service ends.
Sec. 4. Nothing in this amendment shall be construed to prohibit a former staff member from running for public office, or serving as a member of the House of Representatives or as a Senator if elected or appointed to that office.
Amendment XXXIII. Financing Federal Election Campaigns
Sec. 1. Contributing money or service to political campaigns is a form of political speech and shall not be infringed.
Sec. 2. Each contribution having a value of one hundred dollars or more shall be listed and filed within 60 days of its receipt in the office of the Secretary of State and such filings shall be open to public inspection during all hours that the office is open to the general public.
Sec. 3. Within sixty days next preceding any primary or general election any reportable contribution shall be filed with the office of Secretary of State within seven calendar days of its receipt.
Amendment XXXIV. Balanced Budget Amendment
Comment: In order to address the complete problem and not just part, concurrently with the above- proposed amendment, the states should impose a Balanced Budget Amendment, perhaps modeled on the 102nd Cong. Senate Joint Resolution 18 sponsored by Sen. Paul Simon. See: http://www.cbo.gov/showdoc.cfm?index=4938&sequence=0 testimony of Robert Reischauer, Director, Congressional Budget Office.
Article I of the Constitution, setting forth Congress’ powers, contains inter alia,
"The Congress shall have the Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defense and general Welfare of the United States.”
The father of the Constitution, James Madison, said “I cannot undertake to lay my finger on that article of the Constitution which granted a right to Congress of expending, on objects of benevolence, the money of their constituents.”
While exceeding the grant of power in the Constitution to spend money "on objects of benevalence" on the one hand, there is one area where Congress has blatantly ignored one of the duties mandated by the Constitution. Historically, control of a country’s international borders has been the sine quo non of a sovereign nation. Therefore, an amendment should clarify and demand:
Amendment XXXV. Securing Our National Borders and Ports of Entry
Congress’ power to levy taxes to provide for the “common Defense” includes the duty to secure our national borders and ports of entry and to take whatever steps are necessary, including the use of the military, to prevent unlawful ingress or egress into or out of the country.
Amendment XXXVI. Advice and Consent of the Senate on Presidential Appointments
Sec. 1. Whenever the President of the United States shall appoint Ambassadors, other public Ministers and Consuls, Judges of the Supreme Court and of the inferior courts pursuant to his lawful authority under Article II, § 2, the names of said appointees shall be presented on the floor of the Senate not later than ninety days from the date the Senate is notified of their appointment.
Sec. 2. An appointee brought before the Senate shall be confirmed or rejected by a majority of Senators present. There shall be no minimum number of Senators who must be present provided a quorum was present when the Senate began conducting business on that day.
[To be continued. Tomorrow: "Taming the Supreme Court"]
[i] If Congresspersons are subject to term limits it is essential to also term limit their staff. Professional staff who are permitted to serve indefinitely would develop an “expertise” that may overwhelm freshman congressmen and senators and defeat the whole purpose of term limits: i.e., to get fresh perspective into the lawmaking process and to get lawmakers to go back home and live with the laws they created (and often exempt themselves from obeying).
“An unlimited power to tax involves, necessarily, a power to destroy; because there is a limit beyond which no institution and no property can bear taxation.” Chief Justice John Marshall, writing in M’Culloch v. Maryland (1819).
The states, meeting in convention pursuant to Article V of the Constitution, should consider:
(1) PROPOSED AMENDMENTS. REFORM OF CONGRESS
Amendment XXVIII. Limiting the Power of Congress to Tax
Sec. 1. Congress’ authority to lay and collect taxes, duties, imposts and excises, granted by Article I of this Constitution, shall not exceed [x] percent of the dollar amount of annual Gross Domestic Product (GDP).
Author's comment: The x amount could be determined by having economists calculate what it would require to carry out the federal government’s enumerated and mandated duties. A target amount might be in the neighborhood of 12%-15% of GDP.
Medicare, Social Security, Medicaid and other welfare programs are not mandated by the Constitution. The states should determine what would be a reasonable—and sustainable—level of spending for all entitlements, giving priority always to the constitutional mandates such as providing for the common defense—including securing the borders. States may want to consider whether, over a period of 70 years or so, Welfare and Social Security would be phased out entirely. The author chooses a 70 year phase-out because that has been the approximate period of time that Scoial Security and Welfare have taken to creep in and [within the foreseeable future] overwhelm the federal budget.
Sec. 2. In the event of a state of war, declared by the Congress in accordance with the Constitution, or in the event of a national emergency not involving war, a majority of the legislatures of the several states shall have the authority to waive compliance with this amendment for the duration of the war or for a term of years in order to meet the emergency.
Comment: By having to go to the state legislatures for waiver, we send an undeniable message that the federal government is one of enumerated powers and the powers not enumerated in the Constitution belong to the states or to the people (See: Amend. X – Bill of Rights).
Sec. 3. Congress shall not circumvent the intent of this amendment by imposing mandates on the several states for which Congress does not provided sufficient revenue from the Federal Treasury to carry said mandates into effect
Amendment XXIX. Retiring the Public Debt
In order to retire the public debt of the United States, Congress shall enact a temporary surcharge of 1% of GDP, collectable pro rata from the different segments of the economy which make up the GDP, to be used solely for the purpose of accelerating the payment of the principal of the public debt until said debt is paid in full. Regular debt service, including payments to principle, shall continue to be made from the general budget until the public debt is retired.
Amendment XXX. Simplification of the Tax Code
Sec. 1. The tax code shall be used solely for raising revenue to pay for government services.
Sec. 2. The tax code shall not be used for “social engineering” to bring about social change or what Congress may see as a “desirable outcome,” however desirable such change or outcome may be.
Amendment XXXI. Term Limits on Legislators
Sec. 1. Legislators elected to serve under the provisions of Article I of this Constitution shall be limited to serving four terms in the House of Representatives or two terms in the Senate during their lifetime.
Sec. 2. Legislators who serve terms in both the House and the Senate shall be ineligible to serve more than ten years total service.
Amendment XXXII. Term Limits on Congressional Staff[i]
Sec. 1. Persons serving on the staff of a member of the House of Representatives or of a Senator may not serve more than ten years cumulative service in any combination of paid and volunteer service to a House and/or Senate member after that member is elected to office.
Sec. 2. Staff of members of the House of Representatives or the Senate who are prohibited by term limits from further service in that capacity may at their option, and provided vacancies exist, transfer to the Civil Service without loss of seniority or benefits. PROVIDED, HOWEVER, this amendment confers no special privilege other than the right to transfer. Members of the Civil Service who shall have transfered under this provision shall be subject to the same rules and discipline as any other civil service employee.
Sec. 3. Staff members may not circumvent the intention of this amendment by lobbying, advising or consulting with any member of the House of Representatives or Senator, whether as Civil Service employee or as a private individual, for a period of five years next after their legislative service ends.
Sec. 4. Nothing in this amendment shall be construed to prohibit a former staff member from running for public office, or serving as a member of the House of Representatives or as a Senator if elected or appointed to that office.
Amendment XXXIII. Financing Federal Election Campaigns
Sec. 1. Contributing money or service to political campaigns is a form of political speech and shall not be infringed.
Sec. 2. Each contribution having a value of one hundred dollars or more shall be listed and filed within 60 days of its receipt in the office of the Secretary of State and such filings shall be open to public inspection during all hours that the office is open to the general public.
Sec. 3. Within sixty days next preceding any primary or general election any reportable contribution shall be filed with the office of Secretary of State within seven calendar days of its receipt.
Amendment XXXIV. Balanced Budget Amendment
Comment: In order to address the complete problem and not just part, concurrently with the above- proposed amendment, the states should impose a Balanced Budget Amendment, perhaps modeled on the 102nd Cong. Senate Joint Resolution 18 sponsored by Sen. Paul Simon. See: http://www.cbo.gov/showdoc.cfm?index=4938&sequence=0 testimony of Robert Reischauer, Director, Congressional Budget Office.
Article I of the Constitution, setting forth Congress’ powers, contains inter alia,
"The Congress shall have the Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defense and general Welfare of the United States.”
The father of the Constitution, James Madison, said “I cannot undertake to lay my finger on that article of the Constitution which granted a right to Congress of expending, on objects of benevolence, the money of their constituents.”
While exceeding the grant of power in the Constitution to spend money "on objects of benevalence" on the one hand, there is one area where Congress has blatantly ignored one of the duties mandated by the Constitution. Historically, control of a country’s international borders has been the sine quo non of a sovereign nation. Therefore, an amendment should clarify and demand:
Amendment XXXV. Securing Our National Borders and Ports of Entry
Congress’ power to levy taxes to provide for the “common Defense” includes the duty to secure our national borders and ports of entry and to take whatever steps are necessary, including the use of the military, to prevent unlawful ingress or egress into or out of the country.
Amendment XXXVI. Advice and Consent of the Senate on Presidential Appointments
Sec. 1. Whenever the President of the United States shall appoint Ambassadors, other public Ministers and Consuls, Judges of the Supreme Court and of the inferior courts pursuant to his lawful authority under Article II, § 2, the names of said appointees shall be presented on the floor of the Senate not later than ninety days from the date the Senate is notified of their appointment.
Sec. 2. An appointee brought before the Senate shall be confirmed or rejected by a majority of Senators present. There shall be no minimum number of Senators who must be present provided a quorum was present when the Senate began conducting business on that day.
[To be continued. Tomorrow: "Taming the Supreme Court"]
[i] If Congresspersons are subject to term limits it is essential to also term limit their staff. Professional staff who are permitted to serve indefinitely would develop an “expertise” that may overwhelm freshman congressmen and senators and defeat the whole purpose of term limits: i.e., to get fresh perspective into the lawmaking process and to get lawmakers to go back home and live with the laws they created (and often exempt themselves from obeying).
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