The Constitution was never meant to be interpreted as it is today. This fast and loose attitude that the collectivists which includes many of our judges have toward the Constitution is now endemic and accepted. This is why ultimately I think we have got to amend the Constitution either via the process that starts with the Congress as it has been done in the past or via a constitutional convention. We have only had one such convention in our history.
We not only have to undo the evil that has been done by this fast and loose attitude but we have to keep the collectivists from just biding their time and when conditions are right repeating the process of undermining the republic. Here are my favorite amendments:
1. A balanced budget Amendment with real teeth like the one from Representatives Jeb Hensarling of Texas , Mike Pence of Indiana and John Campbell of California.
2. Repeal of the 16th Amendment that also makes plain that only consumption taxes like the FairTax are henceforth permitted cutting off the massive money pipeline that politicians use to punish enemies, reward friends and of course reward themselves.
3. An original language or original intent amendment that makes clear that the bogus and sophistic "living document"/ "general welfare" concept is henceforth banished from American jurisprudence.
4. An amendment that either abolishes the Fed or at the very least backs the dollar with precious metals so that out of control money creation is stopped.
5. An amendment that explicitly makes the commerce clause (in Article I Section 8) more restrictive and in line with its original intent, i.e. limits its applicability to acts by the states that are in restraint of trade such as duties, tariffs, subsidies, etc.
6. Repeal of the 17th Amendment and a return to Senators being appointed by the state legislatures so that the original idea of preserving state sovereignty is protected.
Now before you decide this is a bogus idea because (A) it is too hard to amend the Constitution (It’s supposed to be BTW), (B) it is a lengthy process and we don’t have time or (C) the collectivists will get into the process and we will end up with a document that looks like the EU constitution (now called a treaty) let me remind you how much damage has already been and will be done by just ignoring the Constitution as collectivists are want to do.
I contend that just using this process of ignoring the real intent by using the “general welfare/living document” argument and the almost limitless interpretation of the commerce clause collectivists will render the Constitution totally irrelevant in a few more years. In fact if you notice they barely used any arguments at all either constitutional or otherwise to pass this health care monstrosity. They just did it because they are the “ruling” class and they know best. Somehow that has to be stopped or this constitutional democratic republic will cease to exist before this decade has ended.
Ask yourself these questions. If without explicit amendments to reestablish the Constitution as a document to enforce limited government, can limited government ever exist here again? If we don’t amend the Constitution along the lines I have suggested at this late date how are we going to stop the sort of attitude displayed here by these two Congressman Phil Hare and impeached federal judge Alcee Hastings?
It is totally out of control folks. We may be able to slow things down this November and even reverse a few things in November of 2012 but remember this. The collectivists won’t go away and they will resume their incessant effort to circumvent, undermine and render ineffective the Constitution in anyway they can.
The Washington D. C. culture of money and power will not disappear. At least some of the folks that are elected by conservative and libertarian mined folks will get co-opted by the Washington D. C. culture. The collectivists will continue to use the D. C. culture to subvert the idea of a limited constitutional democratic republic.
With properly worded amendments a lot of power will be drained from this culture and we would have a fighting chance to maintain the republic. IMHO if we don’t resolve to do this eventually the only way to get back to a limited constitutional democratic republic will be the way the Founders had to do it. Their war was nearly a decade. Ours could be ten times that long. Even the youngest of our relatives and friends may not live to see it. In fact it could well disappear for all time.