I read this morning that the House is going to vote on a balanced budget amendment. I like this idea, but I have my own thoughts on how this amendment and other amendments should be written. That being the case, I am going to use this post to list several Constitutional amendments I would like to make.
A Constitutional Amendment to require an annual balanced budget:
- No federal budget may become United States law if
- (a) the budget includes gross expenditures that exceed a spending limit established as the average of the prior 5 years federal revenues not adjusted for inflation, or
- (b) the budget appropriates surplus funds from existing programs in any manner that may circumvent the spending limit in 1 (a), or
- (c) the budget includes borrowing that would be used to increase spending beyond the spending limit in 1 (a) in any form except
- (i) to provide for emergency funding to defend the physical soil of the United States, or territories or embassies of the United States from actual attack or
- (ii) to provide for emergency funding to assist with search and rescue or medical operations during natural disasters such as hurricanes, floods, tornadoes or earthquakes if the magnitude of the disaster exceeds the capacity of the effected states provide such operations to their citizens.
- or
- (d) the budget includes funding for any act, law, program or agency that is not authorized by those enumerated powers listed in Article I, section 8 of the United States Constitution, or
- (e) the budget includes any article or clause that does not list the enumerated power of the United States Constitution that grants Congress the authority to fund it, or
- (f) the budget includes funding for any act, law, program or agency that is in violation of any Article or Amendment of the United States Constitution.
- If the federal budget is not passed by the Congress and signed by the President six (6) months before the beginning of the fiscal year for which the budget is assigned, then until it is passed by the Congress and signed by the President
- (a) no bill of any kind other than the federal budget may be considered by the Congress or become United States law.
Thoughts:
1 (a) will cause there to be a surplus most of the time - we might require this be used to pay down debts or when there is no debt, save for an emergency next egg. There is certainly room for creative ideas here.
1 (b) prevents the government from "borrowing" from Social Security.
1 (c) ii might encourage States to rely on the Federal Government and not build their own disaster relief funds. Perhaps this can be made a requirement of some kind.
2 might also specify some kind of penalty for the Congress or the President.
A Constitutional Amendment to clarify the Necessary and Proper Clause:
- Article One of the United States Constitution, section 8, clause 18 is amended to read:
"The Congress shall have authority to make all Laws which shall be necessary and proper for carrying into Execution only those Powers enumerated in Article I, section 8 of the United States Constitution.
The Congress may not cede this authority to any other branch of government or any unelected body, committee, agency, or individual.
The Congress may expand the Powers enumerated in Article I, section 8 of the United States Constitution only by amendment of the United States Constitution."
Thoughts:
This amendment prevents Congress from acting outside of the enumerated powers of Congress.
A Constitutional Amendment to define the term "General Welfare":
- "General Welfare" or "Welfare"
- (a) means
- (i) the maintenance and security of the physical, national borders and seas of the United States and
- (ii) the maintenance and security of the infrastructure of federally controlled transportation highways, public lands and parks;
- (b) and does not mean
- (i) any power, authority, or grant not specified by those enumerated powers listed in Article I, section 8 of the United States Constitution.
Thoughts:
This amendment prevents Congress from acting outside of the enumerated powers of Congress.
A Constitutional Amendment to prohibit Line Item Vetos, Signing Statements, and to Clarify Limits on Executive Orders:
- The President of the United States may not
- (a) use the so-called "line item veto" in order to veto sections of bills passed by the Congress and presented for his or her signature or
- (b) alter any bills passed by the Congress with signing statements or
- (c) issue any Executive Order that
- (i) does not enforce existing law authorized under Article I, Section 8 of the United States Constitution or
- (ii) is not enumerated in Article II, Section 2 of the United States Constitution.
- The President of the United States may
- (a) void or cancel any existing Executive Order for which the authority is not enumerated in Article II, Section 2 of the United States Constitution.
Thoughts:
This amendment prevents the President from usurping lawmaking power from the Congress via Executive Orders, and also grants the President has the authority to void any prior, unconstitutional Executive Orders.
A Constitutional Amendment to clarify the terms of and to amend the Commerce Clause:
- "Regulate Commerce" or "regulate Commerce"
- (a) means
- (i) to assist as is reasonable the smooth and continuous flow of goods and services;
- (b) and does not mean
- (i) to reduce, impede, obstruct, limit, prohibit or deny the continuous flow of goods and services or
- (ii) to mandate, require, or subsidize the continuous flow of goods and service;
- (c) and does not imply or grant the authority to impose any Federal laws of a Commercial nature upon Individual Citizens of the United States.
- "[Commerce] among the several States"
- (a) means
- (i) the transfer of goods or services that are produced in one state and consumed in a different State;
- (b) and does not mean
- (i) the transfer of goods or services produced in one State and consumed in the same State or
- (ii) any other activity of Commerce or of Business or of Individual Citizens of the United States that originates and stays within the border of a single state.
- Article I, Section 8, Clause 3 is amended to read:
"To regulate Commerce with foreign Nations, and among the several States, and with the Indian tribes; and to reduce, impede, obstruct, limit, prohibit or deny Commerce with a foreign Nation pursuant to a Declaration of War upon that Nation;"
- The following is inserted after Article I, Section 8, Clause 3:
"To regulate or to reduce, impede, obstruct, limit, prohibit or deny the sale or transfer of any weapons, weapons research, weapons technology, or any other specialized technology developed for use solely by the United States Armed Forces to any foreign Nation by the United States or any business or university located in the United States for any reason;"
Thoughts:
This amendment redefines the terms "regulate commerce," and "[commerce] among the several states," and amends the Commerce Clause to prevent the Federal Government from hindering trade. It furthermore specifically prohibits the Federal government from attempting to interfere with citizen commerce.
With these changes it will be clear that the Federal Government's only power is to help maintain or improve commerce, not to impede or prohibit it, however there are strict allowances for the prohibition of trade:
3 serves to ensure the Federal Government can prevent all trade with a foreign Nation during times of war.
4 gives the Federal Government the power to manage (regulate or prohibit) the sale of weapons or advanced weapons technology to any nation for any reason.
A Constitutional Amendment to strengthen the Second Amendment:
- The Second Amendment of the United States Constitution is amended to read
"A well armed citizenry being necessary to the security of a free
state, and the People so armed being their own final defense against tyranny, the Right of the People to own, keep, transport, carry, bear, train in the use of and transfer ownership of arms shall not be
infringed."
Thoughts:
This amendment strengthens the second amendment by replacing the term "regulated militia" with "armed citizenry," and clarifying the role and rights of the citizens.
A Constitutional Amendment to strengthen the Tenth Amendment:
- The Tenth Amendment of the United States Constitution is amended to read:
"The powers not enumerated in the Constitution are prohibited to the United States, and reserved firstly to the People, and secondly to the States;
The States and the People shall always have legal standing to challenge the constitutionality of Federal laws, rules and regulations."
Thoughts:
This amendment strengthens
the tenth amendment in two ways - first it specifically prohibits all powers not enumerated in the Constitution to the Federal government, then it ensures that States and Citizens will always have standing to challenge Federal laws they believe are unconstitutional.
A Constitutional Amendment to restore sovereignty to the States:
- The Seventeenth Amendment of the United States Constitution is repealed and
- Article I, section 3 of the United States Constitution is amended to read:
"The Senate of the
United States represents the member States, and shall protect the sovereignty of the member States against encroachment by the Federal government; it shall be composed of two Senators from each State, chosen by the legislature thereof, for six years; and each Senator shall
have one vote.
When vacancies
happen in the representation of any State in the Senate, the legislature of any State may empower the
executive thereof to make temporary appointments until the State legislature fills
the vacancies by appointment.
This amendment
shall not be so construed as to affect the election, appointment or term of any
Senator chosen before it becomes valid as part of the Constitution."
