PROPOSITIONS FOR A LIBERTARIAN CONSTITUTION - Part B
by Kirk Brothers
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INTRODUCTION - WHAT WAS LEFT OUT, AND WHY Many students of our Constitution, having read the previous propositions, may well ask, "Is that all? Is he crazy?" I must decline to offer an opinion on the second question, but my reply but to the first is, "Yes, and for good reasons." Here they are. As Chief Justice Holmes wrote in ABRAMS V UNITED STATES, 250 U.S. 616, 630 (1919), "...the theory of our Constitution.... is an experiment, as all life is an experiment." Let's look at our 1787 Constitution in perspective from the historical viewpoint, by recalling all we've all read about life in the time and place that document was written. It will at once be obvious that it was "an experiment" by mortal men with human failings--including greed--and not carved in stone by the finger of Yahweh. It is a highly imperfect document from the viewpoint of the 20th century, and was showing its cracks even long before the Civil War. It's an eighteenth century relic, and life in the eighteenth century was a far cry from our lives in the same physical space as our patriot forebears. Those were, literally, horse-and-buggy days, and the people of those times thought in horse-and-buggy terms. Transportation was by land or sea--and either choice was time-consuming and fatiguing. State-of-the-art land transport depended upon the latest design in wooden wheels for a stage- coach--highways were two dirt ruts in the grass--and it was a long and bumpy ride from New York to Philadelphia. Sea travel might have been picturesque, quaint, charming, relaxing (for passengers) etc., but one had only an estimated DAY, not time, of departure/arrival, since ships were dependent upon wind in their sails and favorable tides. News from New York was at least a week old by the time ships brought it to Savannah, and still older by the time it traveled overland to Atlanta. Newspapers (often weekly), were common enough, but the telephone and telegraph were both to come a century later--along with the steamship and locomotive--and, as we all know, radio/television and (for all practical purposes) the automobile were the products of our own twentieth century. In contrast to those historic times, present-day Americans may watch a World Series baseball game from across the country, and hear the electronically-transmitted crack of the bat as it makes the winning home run before the actual sound can reach a spectator in the back row of the bleachers. We may pick up the phone and speak to someone halfway around the world almost as easily as dialing 911 for emergency police service. Times have changed, and our Constitution must keep pace with the times. If it does not, what good is it? At any rate, the Constitution accepted the facts of a primitive, isolated life by first creating a separate Federal legislature--in residence in the nation's capital, and therefore remote from oversight by the citizens who elected them. The Federal bureaucracy in turn was obliged to accommodate itself to the Constitutions of the several states. The U.S. Constitution, as one consequence, provided for the Congress to establish a postal system and post roads, to regulate all commerce between states and with the Indian tribes, and so on. These provisions were in fact dictated by the loose social structure and lack of modern technology in the new nation. The present propositions for a Libertarian Constitution assume that what is good from the old system will be preserved, simply as a convenience as well as a Common Law necessity--the rule of stare decisis has established many beneficial practices and processes in government, and there is no need to throw out the clean baby with the dirty bath water. Another point for consideration in terms of omitting certain traditional provisions from the new document is one rather minor matter. Because the former British Colonies had been forced by their King to provide room and board for British soldiers on duty in the now-independent states, the Third Amendment provided that soldiers would not be quartered in citizens' homes. To the 1787 framers the issue was timely and real--Americans did not want their new government to compel them to house American soldiers, either. But nowadays, of course, no army would dream of housing its troops in civilian homes--armies have numerous bases with full facilities for barracks, mess halls, and so on. So the Third Amendment guarantee has been eliminated from my list of specific rights, simply because it is an anachronism--a dead letter. Our Constitution should not be concerned with dead letters, but be a constantly-living and vital source for the protection of every LIVING American rather than a monument to the failings of the dead. As we review the Propositions in sequence for purposes of commentary and argument in defense thereof, I'll be as brief as possible, but as long as I feel might be necessary. Again I ask my readers to bear with me until the entire thesis has been presented. PROPOSITION ONE - STATEMENT OF ORIGINAL INTENT One of the knotty problems facing the Supreme Court when it makes one of its sporadic attempts to apply the Constitution in test cases is that of forming an opinion on the original intent of the framers. It is obvious to any critical reader that the 1787 Constitution can be interpreted to mean different things by different shysters. Reading minds in retrospect is a tricky, if not shady, business--although it msy be sound jurisprudence, to a point, to argue that the true meaning of the Constitution is dependent upon the intent of the men who wrote it--but didn't bother to clarify their intent in crucial passages. Why is this important? Well, by comparison, let's look at the Declaration of Independence. That document is practically NOTHING BUT a statement of intent, and it clearly reads that every person has an unalienable right to life, liberty and THE PURSUIT OF HAPPINESS. The "pursuit of happiness" has often been argued by pro se litigants to support a claim that sex laws, for example, are unconstitutional because they violate a citizens' right to the pursuit of happiness in whatever manner he chooses. But the legalistic answer is that "the pursuit of happiness" does not appear in the Constitution, and so is irrelevant. Yet in other cases Judges bend over backwards to try to find intent in less venerable sources than the 1776 Declaration of Independence. Why? Because it serves the purpose of government to maintain its power over citizens' private lives. Senator Barry Goldwater often said that government should get out of our lives, out of our bedrooms, and off our backs. The Senator was a true Libertarian masquerading as a Republican. But in the present document under consideration, the brief Preamble of the 1787 Constitution is replaced by a lengthy and specific statement of original intent--to make it abundantly clear to all Courts for all time to come EXACTLY what the framers of this Constitution had in mind when they wrote the rest of the text. I submit that the rest of the Statement of Original Intent is self-evident, and argue that it is necessary as a permanent and unforgettable lesson in history. It is a record in what would be our most important legal document, constantly reviewed by every Judge, lawyer, and common citizen whenever one needs to refer to the new Constitution. In effect, it says loudly and clearly, "Never again". Government is to be kept under severe rein, or the bureaucrats will pay for their treachery. I refer readers to THE REVOLUTIONARY RIGHT, especially the chapters, ABUSE OF DISCRETION--INVISIBLE TREASON, and THE TIME BOMB IN OUR CONSTITUTION, for supportive argument on these vital points. As to the seven-year plebiscites, I have previously written that citizenship must be a lifelong, ongoing process for each and every civic-minded American. Each and every voter must have the opportunity at frequent intervals to re-affirm the Constitution, or amend it as necessary to correct problems which might arise in the passing of time. Should the Supreme Court issue a ruling that outrages Americans like the Dred Scott Decision, the people must exercise their sovereign power to put the Supreme Court back in its proper place. The fact that many voters die during any seven years, and new voters come of age during that period, compels us to have a Constitution which is dictated by the living, and not by the dead. PROPOSITION TWO - LANGUAGE CONVENTIONS It is believed that this section is self-explanatory. PROPOSITION THREE - EXECUTIVE AND JUDICIAL IMMUNITY This is perhaps redundant, but is included so that no one will ever forget that the politicians are to be servants to all the people equally, and not the Master. PROPOSITION FOUR - THE SOCIAL AND CONSTITUTIONAL CONTRACTS This section is intended as another statement of intent, and a living history lesson to every person who reads the document. It is a reminder of basic principles--those fundalmentals which Lincoln said "may and must be inflexible". PROPOSITION FIVE - POWERS DELEGATED TO GOVERNMENT BY THE PEOPLE This section is intended to state briefly the rightful jobs of government which comply with Goldwater's injunction that government must stay out of our pocketbooks, out of our bedrooms, and off our backs. Within the narrow and precise areas which are designated as of governmental (police) interest, the power of the government will be essentially unchanged from its present level. Perhaps the most important provision in the package is one which is merely referred to as a "new monetary system", and it is felt worth repeating here the most important points of a specific proposal which was argued in THE REVOLUTIONARY RIGHT. That is, to establish a new system of money in which one cent of new coins will be deemed equal in value to ONE MINUTE OF TIME spent at minimum labor. This is a plan which has been offered by several writers who were naturally branded as idiots for suggesting such a thing! But think about these facts, please. There can never be more or less than sixty minutes in one hour. Impossible. Therefore, since money must be based upon SOMETHING, an absolutely fixed standard is essential to prevent both inflation and deflation. An hour is always sixty minutes-- therefore the minimum wage (which might be legislated) would be sixty cents per hour. Now, the present minimum wage is well over five dollars an hour, and it seems likely that by the time the nation finally collapses of dry rot, inflation will have pushed the minimum wage up to six dollars an hour. Therefore, the Legislative Branch might enact a law that all debts, public and private, would be redeemable with the new money at the rate of one-tenth the old money. All bank accounts, etc., would be reduced to one-tenth of their present levels, but all prices would also be adjusted. So in the first phase of the changeover, everyone would stay relatively just where he is now, in terms of economic resources. The conversion of ten to one would be accomplished simply by moving the decimal point one place to the left. But the following phases are where the benefits would be seen to outweigh the initial inconvenience and complaining about government "meddling". First and foremost, politicians could not tinker with the money supply as is common now, because there would be much less money in circulation (one tenth as much). People who borrow money would know they must pay back exactly the same value as they borrowed (plus low interest). People who lend money would not lose by inflation, but borrowers could not lose by deflation. But the biggest attraction of the idea is that time is a universal element--the same in all countries--so that labor in one country must cost essentially the same as in any other. Thus a nation's wealth would be measured in terms of its actual pro- ductivity of goods and services, and not in the "competitive" value of its currency on financial exchanges. The power of wealthy nations to manipulate poor nations would vanish, and the tendency of American companies to move to countries where labor is cheap would protect American jobs at home. I ask readers to review my earlier writing on this subject and give it considerable thought, because I believe it to be the one and only solution to the problem of political meddling in economic matters which are of no concern to a police force. PROPOSITION SIX - SANCTIONS UPON GOVERNMENT I submit that the topics of religious neutrality, balanced budget and taxing powers, social welfare, education and health care, sexual privacy, the common law bill of rights and specific rights are so mandatory as to justify yet another civil war if bigots try to sabotage any of these provisions. I submit that the principles are so important in their intent and content that the language is justified. At the same time, programs which have been of indisputable benefit to all Americans may naturally be extended under police powers to punish negligence--by employers, e.g., who choose to maximize profits by eliminating expensive safeguards. I submit that the added sections defining cruel and unusual punishment are necessary so that the people may express their wishes on obviously controversial subjects. For example, I believe that one of the major problems in education is a lack of proper discipline. Permissiveness has turned out a generation or two of intellectual mediocrities (see the first chapter of this Primer--THE POLITICAL CORRUPTION OF AMERICAN EDUCATION). I also firmly believe that violent criminals deserve to be flogged--as they are in Singapore and other oriental prisons--and as used to be the custom in the United States, with Delaware's whipping post being the last to be abandoned under pressure from bleeding-heart "liberals". PROPOSITION SIX - DIVISION OF GOVERNMENTAL POWERS The 1787 Constitution separated government into three functional units called the executive branch, the judicial branch and the legislative branch, ostensibly so that power would be divided, and each branch of government would act as a watchdog over the other two branches. Unfortunately, the watchdogs became lapdogs, thanks to the corruption of party politics, and all three branches have been sleeping in the same adulterous bed for over a century. The intent of this section is to violently separate the branches, and restore the balance between Federal rights and states' rights, by the simple procedure of taking legislative power out of Federal control, except for the confirmatory/comproming power of the Senate. By having all legislation initiated at the state level, where voters have closer contact with their elected officials and representatives, and by COMPULSORY ELIMINATION of control by political parties, ninety percent of the opportunity for dirty politics as usual should be eliminated. Test your knowledge of trivia with the following historical question. Who was the first President to call for both a balanced budget, and the end of political parties? Answer: George Washington. In his Farewell Address, our first Commander in Chief told Congress not only that future generations should not be made to pay the debts of their ancestors, but said that political parties should never control government, because parties are SPECIAL INTEREST groups, and do NOT represent the interests of ALL the people. Government, said Washington, should be NON-PARTISAN. THE REVOLUTIONARY RIGHT, and this Primer, merely re-argue Washington's thoughts in language more easily readable in our time. If there be any doubt that political parties are the greatest enemy of equality under law, let us recall the ancient Roman maxim, "Divide and conquer". This was a favorite of Niccolo Macchiavelli's, whose classic textbook in tyranny, THE PRINCE, has been elsewhere quoted. "Divide and conquer" expresses the essence of political parties very well. By dividing the people into two or more opposing groups, public unity is destroyed, and the people are vulnerable to every propaganda trick in the book. When the people must make a choice between the devil they know and the devil they don't know, it hardly matters which devil wins. That's the present situation in American politics today, and politicians like it that way. A people divided are easy prey. PROPOSITION SEVEN - ELECTION PROCEDURES Much of our present Constitution is devoted to trying to regulate that which defies regulation--politics. Where there is a will to deceive, deception will occur, and politicians are past masters of deception. Therefore the relegation of political parties to educational and advocacy roles--and stripping them of their power to nominate candidates for any office--would do much to restore the integrity of individuals who sincerely wish to be of public service. With all candidates running as independents, or "at large" rather than representing any particular district or group, the opportunity for corruption would be minimized. Politicians in the new system would be compelled to state their philosophies in straightforward terms, and let voters make a truly informed decision based upon factors of real importance. Promises of pie in the sky and government handouts would be a thing of the dark and dismal past. Two points of this proposition bears commentary, I believe. First, by requiring that all candidates be in the "genius" category of intelligence, it would make relatively little differ- ence who was elected in any contest. When two persons of very high caliber compete for one job, the public will win, no matter which one loses. And if uninformed voters have only men of integrity to choose between because con-men of low intelligence are not on the slate, it matters little who they choose. It should be obvious that the legislative branch is the key to political power, and if lawmakers are chosen at the state level and legislation begins at that level, the power to corrupt Federal legislation for selfish gain is mimimal, because that power is divided equally among all fifty states. Political action committees will wither away, because no special interest group can afford to lobby fifty state legislatures. I submit that electing Presidents and Governors at specific time intervals is meaningless. Who is most interested in getting a new President even if the old one is a superb public servant? Only the political party out of power. I submit that it is time for parties to move to the back of the bus where they belong, and get out of the driver's seat. If a Chief Executive Officer, either a Governor or President of the United States, is doing a good job, he or she will retain the confidence of the Senate, and the jobs of government will get done. Having the several states control the pursestrings of the Federal government will guarantee that the Federal government will operate with efficiency and economy for a change. Getting the power structure now in Washington broken up into 50 pieces in 50 state capitals will ensure that the power is effectively neutralized--for the benefit of the people whom it will then serve. PART 3 - THE TRANSITION FROM OLD TO NEW Prophesy is always a dangerous game to play, and writers who have gone out on a limb with what seemed to them an absolutely certain prediction of future events have frequently been left with "egg on their faces". Thomas Paine, for example, in THE RIGHTS OF MAN, confidently predicted the end of the British monarchy within a couple of decades following the French Revolution. Yet the decadent House of Windsor continues to hold sway in England--as scandal-ridden as it may be--simply because the majority of the English people are sentimentally attached to an utterly pointless and useless anachronism. I have repeatedly offered a forecast that the United States is headed for bloody civil war as an inevitable result of the political corruption which present-day Americans do nothing to resist--simply because most Americans are willfully blind to the handwriting on the wall. In this final section I should like to examine that grim possibility in a little more detail than offered in previous writings--now that vague ideas have begun to crystallize in my thinking on the subject. THE CIVIL WAR - FIRST PHASE In AMERICA'S HEALING CRISIS--KILL OR CURE?, I predicted that either the country would collapse economically first and then politically--or politically first and then economically. In that chapter of THE REVOLUTIONARY RIGHT I offered some common tips for surviving the horrendous social dislocation that must occur under either of these undesirable alternatives. Americans will be divided into those who are fit to survive, and those who are not fit--who will not survive. But whichever scenario proves to be correct, it cannot be denied that civil disorder on a vast scale will be as common in the United States as it was in many similar crisis in history, Armed citizens--either organized in militias or in more loosely- organized resistance groups in rural communes--will create their own laws with no regard for any type of Constitutional basis. It will be simply the power of conquest: might makes right, or at least what passes for right. With the nation in turmoil due to lack of leadership from our discredited politicians, there can be only one result. SECOND PHASE - MARTIAL LAW The Joint Chiefs of Staff, who collectively control a large and well-trained body of armed forces who are conditioned to unquestioning obedience, will restore order by force. While our patriot militias might put up a dedicated fight, the rifles and crude bombs of fuel oil and fertilizer will be no match for a much larger force, with much more advanced weapons--not the least of which would be aircraft. Martial law would at first have the support of the people, for the simple reason that law and order is a basic need of any human society. But martial law would of necessity be short-lived for two important and inter-related reasons. Here they are. First, it has been our national tradition for centuries to have civilian government over the military. That is not so in countries in South America, for example, where military juntas have effectively entrenched themselves for decades. The military mind of many Latin Americans is as despotic as one could find in history--the nations as a rule are poor and underdeveloped by comparison to the United States--the people uneducated, and thus conditioned to accept dictatorship as a way of life. It is inconceivable that American military men would be predisposed to establish a permanent military rule--because in part of the rivalry between the various armed forces. A military takeover would be fraught with internal jockeying for power and inter-service competition--thus destroying the unity or purpose necessary for a dictatorial regime to survive. But the second reason is the decisive one, I believe. The United State is too big and too populous a nation to be governable by a dictatorship for any significant length of time. The reason, in one word, is logistics. Here's what I mean. Consider for a moment the City of New York. It is made up of five boroughs and has a total population of well over seven million. Millions of persons who live outside of New York work in the city, giving rise to one logistical problem of public transportation. That's a minor problem. While there might be a few farms on Staten Island or in the outskirts of Queens or Brooklyn, there is for all practical pur- pose no agriculture to feed those millions of people every day. There are no oil wells to provide gasoline and other petroleum products, and waste disposal is a major problem. Now, how could any government agency--especially a military junta--presume to organize and control and regulate all the processes necessary to bring in the food and other goods needed for the city to survive? The fact that New York City thrives is due to literally tens of millions of day-to-day transactions--contracts between free- enterprise citizens working together in a complex pattern of business deals for the sake of making a profit. New York--and every other major city--depends for its daily supply of food and other necessities upon SOCIETY, NOT GOVERNMENT! There is NO WAY that government could handle the job! Read that again, please! If that delicate SOCIAL system collapsed in time of major crisis, how could the military cope with the enormous task of supplying the needs of New York City? And, of course, New York is merely one example, with which I am most failiar. There are many other major cities, just as complicated in the countless ways in which "normal" business transactions are vital to the daily life of their citizens, that would simply overwhelm any attampt at dictatorial control by even the Joint Chiefs of Staff. And so, once law and order was, to a degree, restored by a military takeover, the military would quickly discover they were riding a tiger which they dare not dismount. What could the military do? Very simple. Proclaim the imminent end of martial law, and set the date for a plebiscite to choose a new Constitution and civilian government. After all, our military men are all loyal Americans, and I seriously doubt that anyone in the Pentagon has lunatic dreams of turning the United States into another Argentina. Which declaration of a plebisicite to choose a new govern- ment would bring us back to just about where we came in at the beginning of this chapter. SUMMARY This is my final article to be offered to Internet readers, and while it is one of the longest, it is also (to me) one of the least satisfying--perhaps my readers feel the same "unfinished" sense that vaguely troubles me. When I began my one-man crusade against political corruption of our government, I naively assumed that a mere three articles would do the trick--I had a dream of awakening the media and the public to the outrages in our bureaucracy, sparking a new grass- roots political movement, and helping bring about Constitutional reforms in my own lifetime. The three articles I wrote were collectively entitled THE REVOLUTIONARY RIGHT and it was my hope that a book publisher would offer me a contract to write a lengthy work on my subject matter. Then I woke up and smelled the coffee. I belatedly realized that peaceful redress of grievances is no longer possible, because there is no branch of government which is not filthy with political corruption. The news media are dominated by mediocrities who do not question the "official" version of the "truth", and who cling to the "authorities" who tout "conventional wisdom" at the expense of liberty. They are, in a word, brainwashed, and they continue the brainwashing processes like an infected whore spreading AIDS. And so I turned to Internet as the alternative publishing method, in the hope of finding archivists who would keep these writings alive from year to year--and encourage their study by true patriots from day to day--beginning with two more "final" chapters on the new American Crisis. Those were WHY AND HOW AMERICA MUST COLLAPSE, and AMERICA'S HEALING CRISIS--KILL OR CURE? Because my expressed economic opinions seemed unrealistic to one economics professor who assured me that a Picasso painting has REAL VALUE of millions of dollars (ivory-tower theory), I felt compelled to straighten out idiots' thinking with my next chapter, on WHY THE HAVES ARE RICH AND THE HAVE-NOTS ARE POOR. And finally, I thought, let's expose the crap in the big anti-drug hysteria-cum-propaganda. So I wrote OUR LUNATIC WAR ON DRUGS. I got a reaction. I was disusered by my ISP on a charge of "spamming". I had posted my article to "too many" newsgroups, and the subject matter was "inappropriate". I was distracted for a while by lack of emotional calm--and ultimately wrote two minor short articles: COVERT CENSORSHIP IN AMERICA, and CENSORSHIP ON INTERNET. Along the way I felt it meaningful to offer some positive goals for Libertarians other than making a buck in a free market, by suggesting Libertarians must take a stand on some basic moral and social issues like environmental protection. Two more minor articles resulted, namely, THE TWO FACES OF LIBERTARIANISM, and THE LEGAL INSANITY OF LEGAL INSANITY. I make no brief for any of these minor pieces, but would like to add now that too many businessmen go into the free market like predators looking for prey, and not as equals in a good-faith contract. Too many such sharks who preach caveat emptor call themselves Libertarians. I have always believed that those who are gifted with intelligence should make every reasonable effort to help those not gifted. And finally I decided to hang up my modem and board up my Windows 3.1 for good, with a final summation of where I stand. This Libertarian Primer is the result. It recapitulates much of what was said or implied in earlier writings, and tries to tie down all the loose ends. The unsatisfying element in this chapter is that most of it was intended as a rough draft--any proposed Constitution will be argued for hours by men of all political persuasions, so I felt any attempt at "polishing" the text of the propositions would be wasted effort. I settled for offering an outline--a rough draft --which I hope is read with an open mind and an historical frame of reference. One final note of importance which is implied in what I have writte, but might bear specific statement here. That is, when the crisis comes, it will be followed by a long period of low birth rates, and a trend toward declining population (I hope). If this occurs, it is inevitable that "recession" will be an economic consequence, because demand will decrease for what is already available in oversupply--such as old homes, old cars, and so on. Entire sections of major cities may well become like "ghost towns", to be hopefully razed and converted into gardens. But while economic survival will be easy in terms of material goods, monetary values will be drastically reduced. That's something to think about when planning ahead (if you can) for your retirement. I want to thank my previous archivists who gave up web space in order to make my writings available to Internet readers. Ours is a fragile medium, and it is only by the thankless gift of time by archivists that my words could be read anywhere by anyone. * * * * * * * * * * * * * * * * * * * * ABOUT THE AUTHOR * * * * * * * * * * * * * * * * * * * * Kirk Brothers is my pen name. I was given the name (which I have always despised) of Wilburt J. Richter, and I was born on Black Thursday, October 24, 1929, in Augusta, Georgia--at 12:30 PM, just about when Wall Street was crumbling. I was born both gifted and gay--have been a non-conformist all my life and a rebel since college days (the late 40's). I have never been able to relate to mental mediocrities for long, and I am afraid it shows. I chose to use a pen name because initially I planned on the first three chapters of THE REVOLUTIONARY RIGHT as being my total output. And two of those three chapters are concerned with my Social Security test case, RICHTER V UNITED STATES. I felt that, as Richter, I could not argue my own case with perceived impartiality, so I assumed a pen name. "Kirk Brothers" would certainly not be instantly believed if he argued for his alter ego--but he would not be instantly scorned and ignored, either. "Brothers", perceived as a separate individual, would at least get a fair reading (maybe--considering the subject matter). I was at various times in my checkered career a college professor, TV news writer/editor, actor/singer, and finally a health consultant practicing Homeopathic medicine in New York City. I have written a few short stories and a couple of "junk" novelettes--none published. I am retired and currently live in Florida.