Preparedness Notes for Saturday – November 17, 2018

On this day in 1777, the Articles of Confederation were submitted to the states for ratification. They differed from the Constitution in that they emphasized the primacy of the states. This brings to mind the dangers of convening a Constitutional Convention, because the last time this happened the Articles of Confederation were thrown out and totally replaced by the Constitution. Do you honestly believe that our politicians today could craft a document that so thoroughly protects the rights of the individual as they did then?

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  1. The politicians of their day weren’t at the convention, the statesmen and philosophers, except for Thomas Jefferson who was in France but was shipping everything on political philosophy he could find to Madison, were the ones that crafted it.

    Moreover, what came from the convention was worrysome enough so they immediately appended the bill of rights.

    The problem today is not the Constitution. What would the convention do, change places where it says “Congress shall make no law…” to “Congress shall make no law, and we really mean it this time!, …”.

    The Courts too – like “The Butterfly Effect” commerce clause where a farmer in his own kitchen grinding his own grain for his own bread is apparently affecting interstate commerce so Congress can pass laws.

    Nowhere in the Constitution are the bureaucracies like EPA, Dept. of Education, Energy, HHS, etc.

    We aren’t following the instructions, and wonder why the machine malfunctions.

    The failure is one of will. Libertarians write thousands of pages of “scholarly articles” to explain why the few pages of the Constitution are intrinsically unable to limit government, but it was more effective than all their articles combined.

    If there was a new convention, I would repeal the 16th, 17th, and 19th amendments going back to taxing the states by population, States could do what they want on senators and it might be appointment, not popular vote, as well as give the vote to whom they wanted on an equal basis, e.g. to net taxpayers. Then I would add a specific procedure for states to be able to nullify any federal law or supreme court decision, say 3/5 (30 states) simply declaring it null and void by resolutions in their legislatures as well as prohibiting “federally mandated laws” – like the 55MPH speed limit – you don’t pass the law, you don’t get Uncle’s sugar. I might try to clarify the Commerce clause to require a person or something of tangible value actually cross a state line, but the devil would be in the details

  2. It was a tough pill to swallow. After fighting for constitutional government for 40 years I came to realize that liberty was inevitably doomed with the creation of the Constitution and the federal government. No wonder founders such as Patrick Henry and Samuel Adams refused to support it. And Jefferson (if he was not exiled in France) would never have supported it with his despised judiciary and without term limits for all federal positions.

    Americans enjoyed their greatest liberty under the Articles of Confederation, Free and Independent States and common law. And the States defeated the mightiest military in the world. There was no need for a federal government except for the greedy financial class who needed a central authority to strike trade agreements with foreign governments. Sound familiar?

  3. The people that believe they can call a CC and dot a few I’s and cross a few T’s and fix things are seriously deluding themselves or try to play you and I for fools. First, amending a Constitution that is not being honored is akin to fixing a car you don’t intend to drive. Second, and most worrisome, is that once Pandora’s box is opened all manner manner of temptation will spill forth calling to those of weak or evil heart, look no further than the midterm elections to see the caliber of person that will attend the debauchery of a CC.

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