Constitutional Amendments

I haven't posted in a long time, but I hope this one is worth the wait.

In the past 222 years there have been thousands of proposed amendments to the U.S. Constitution, but thankfully only 27 have passed Congress and been ratified by the states. Six others have passed Congress but failed to be ratified by the states, with four of those still pending due to no deadline existing. I say "thankfully only 27" because the Constitution should not be changed lightly, only changing to address significant needs.

Still, there are valid reasons to amend the foundational document of our republic, and I will list here a few that I would propose. These are my own ideas and not part of any national campaign, but I would love for a national campaign to form around any of these.

In no particular order:

1. Limit taxing and spending authority to only what is needed within enumerated powers.

"The United States shall not raise revenues nor incur debt for any purpose except as needed to exercise the powers explicitly delegated to the United States by the Constitution."

I have proposed this one in an earlier blog entry to address the games Congress has played for years in using money to bribe states to pass laws desired by the federal government.

2. Limit tax rates.

"The income tax rate levied by the federal government shall not exceed 10% of a citizen's or business's income, nor shall the combination of sales tax and tariffs levied by the federal government exceed 10% of the value of a product or service. Property shall only be taxable upon sale when new or not at all, and a subsequent gain in value of an asset shall not be taxed."

Clearly the government has an insatiable appetite for raising taxes, and there should be limits that ensure people can keep most of what they earn both out of fairness and because otherwise the economy can not grow. This amendment would complement the 9-9-9 plan proposed by presidential candidate Herman Cain, allaying fears that adding a federal sales tax would open Pandora's Box.

3. Eliminate the federal income tax.

"The 16th Amendment is hereby repealed."

Income tax is not necessary for a properly limited federal government, and sales taxes (exempting food staples and used goods) is a more fair way to raise revenues, because it is largely voluntary. If this can be done then the previously mentioned amendment to limit rates would probably need to allow for a higher federal sales tax limit, as follows:

"The combination of sales tax and tariffs levied by the federal government shall not exceed 30% of the value of a product or service. Property shall only be taxable upon sale when new or not at all, and a subsequent gain in value of an asset shall not be taxed. Income in any form shall not be taxed."

Without an income tax, a higher consumption tax is necessary, but it should still be limited. Also, even with a repeal of the 16th Amendment, it is good to explicitly prohibit income-related taxes, especially when allowing for a higher sales tax.

4. Limit citizenship by birth to children of legal residents of the United States.

"Persons born in the United States to a mother who is not a citizen or legal resident of the United States shall not be citizens of the United States under Section 1 of the 14th Amendment."

The 14th Amendment says in Section 1, "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside...", which has acted as a magnet for illegal immigrants to come to the U.S., largely from Mexico, to have children on U.S. soil, so they can be citizens with all the benefits, including welfare, free education, etc., and making it more difficult to deport the parents besides. This was not the intent of the 14th amendment, which was to ensure citizenship of all the former slaves that had been born in the U.S. or their descendants.

5. The Senate must vote on every appointment requiring confirmation under the Constitution.

"The Senate shall be compelled to exercise its authority of Advice and Consent of appointments under Article II Section 2 by voting on every appointment within 30 days, except if the Senate is scheduled for Recess, in which case the appointment must come to a vote within 30 days of convening.  If debate has not ended on the 30th day, debate shall end automatically and a vote taken.  Failure to vote within the prescribed timeframe shall be considered Consent."

Article II Section 2 states, "The President ... shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law...". In the past generation, especially, the Senate has refused to vote on many appointments, either by the majority party refusing to call a vote or by the minority party blocking a vote with a filibuster. This amendment seeks to remove the logjam by ensuring all appointments get an up or down vote witbin a reasonable timeframe.

6. Limit recess appointments to recess vacancies, restoring original intent and eliminating abuse.

"The President may only fill up Vacancies during the Recess of the Senate under Article II Section 2 if the Vacancy began during or less than 30 days prior to the Recess in which the appointment is made. Vacancies that occur at other times must be filled while the Senate is in session."

Article II, Section 2 states, "...The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session." The recess appointment authority has been abused by presidents of both parties to push through appointments that couldn't get through the confirmation process. This amendment aims to address this abuse by clarifying the language to ensure that recess apointments are made only for emergency situations where there is no opportunity to make an appointment while the Senate is in session.