OpenGov - Open Government Brainstorm

Kill the Constitution! Yes! That's what I said. Kill the Constitution!

Somewhere along the line a new concept entered the realm of “constitutional law,” maybe better termed “unconstitutional law.” It is the concept of a “living Constitution,” a Constitution that can be reinterpreted at will to fit “the times.” But the Constitution was not written to govern times. Times change, but men do not and it was written to govern men, “bind them down with the chains of the Constitution.” The “living Constitution concept destroys those chains. It subjects us all to the momentary whims of those in power.

We hear much of “Government of Man by Law.” But that only applies when there is a bedrock law that the governed and the governing must obey. That law need not be immutable, but change must be a labor some process. Mere re-interpretation will not do. What a “living Constitution” gives us is Government of Men Above the Law--by Outlaws. As a wise person has observed, “The only good constitution is a dead constitution.”

This brings us to the point of this thread, collaboration between the federal, State, and local governments. “Collaboration” might be a fitting term. In the empire of Nazi Germany, those who aided the empire were called “collaborators.” I think it fitting to call those States and local governments that “collaborate” with the federal government just that—collaborators.

For nearly a century, maybe longer, the Washingtonian Empire has sought to reduce our State and local governments to conquered provinces. It is frighteningly close to accomplishing that goal. It is time for the federal government to obey the Tenth Amendment of a dead Constitution and get out of state affairs.

The following is an excerpt from the post Regionalism – Death of the American System in my lostliberty blog. The post includes maps illustrating some of the plans to assassinate the American System:

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"If the day should ever arrive, (which God forbid!), when the people of the different parts of our country shall allow their local affairs to be administered by prefects sent from Washington, and when the self-government of the states shall have been so far lost as that of the departments of France, or even so far as that of the counties of England--on that day the progressive political career of the American people will have come to an end, and the hopes that have been built upon it for the future happiness and prosperity of mankind will be wrecked forever." - John Fiske, historian, quoted in "Our Changing Constitution" by Charles W. Pierson, Doubleday, Page & Company, 1922.

Unfortunately, God did not forbid it, and the day of control of local affairs by Washington is here. It comes in the form of "regionalism" and the weapon for imposing it is federal "revenue-sharing".

Regionalism is the consolidation of local and state governments into large regional units and the centralization of power in bureaucratic authorities, boards, and commissions whose primary function will be to administer plans and programs dictated by Washington.

We've found traces of Regionalism as far back as the 1920's, in fact, the 1922 book mentioned above dealt with the federal incursions into state and local affairs and the Constitutional perversions used to justify it.

…. it is clear that the underlying motive of the present drive for regional government is the consolidation of state and local governments into regional units under total federal control. The people will be excluded from the political and governmental processes.

The stage was set in 1913 for this federal usurpation of those powers delegated by the Constitution to the states and to the people. The Federal Reserve Act, together with the 16th Amendment permitting the graduated income tax, assured the Federal Government economic dominance of the states, and the 17th Amendment, sold to the people as a great triumph of democracy, took away state control of the Senate, thereby eliminating one of the most important Constitutional checks for maintaining the balance of power between the States and the Federal Government.

The promoters of centralization wasted no time in taking advantage of their new powers. In the revised 1923 edition of his 1915 book, "The New American Government and Its Work", (Note the term "New"--implying the replacement of an "Old"!), James T. Young says, "Whenever it appears that the Constitution hinders a transfer of power from the States to Congress, those interested seek some expedient by which to evade this obstacle...". He then cites "judicial interpretation" and "commerce regulating power" as two methods and continues, "The third, and at present most promising way is the subsidy plan. Congress grants to the States a fund under its power to tax and to appropriate for the general welfare. This fund is given only on condition that the States appropriate a similar sum and that the total amount be used for a definite purpose fixed in the Federal Law. This purpose may be, and often is, entirely outside the regulating authority of Congress." That is the principle method used today to promote "Regionalism" (Federal takeover). It is commonly known as the "carrot and stick" method. The legal term is, "Bribery and Extortion".

This might be a good point to interrupt the history of regionalism and discuss what's wrong with it. The most important thing we can think of is that it effectively removes the people from the electoral process. It does this by concentrating power in units of government that are increasingly larger and more remote from the people and by establishing commissions and authorities composed of appointed officials who do not answer to the people.

As government moves to higher levels, towns to counties to "sub-state regions" to states to "federal regions" to the federal government itself, the per capita representation goes down and the people lose all control over elections. In a small town of thousands, a few knowledgeable citizens can inform enough others to oust corrupt officials. It's almost impossible in a county with hundreds of thousands, or a state with millions. When it comes to a national government of hundreds of millions, only those who finance the nation and the elections can influence the elected officials and unelected bureaucrats.

Resuming the background, it's fairly common knowledge, certainly among those who have fought the growth of government, that centralization received a major boost in the 1930's as a result of the depression (which we were told the Federal Reserve was created to prevent -- were we lied to?). Less known today is the plan announced in the New York Times Magazine on April 24, 1935, to divide the nation into nine "Departments". Under the plan, States' rights would have been abolished. The plan, so boldly announced, undoubtedly met very stiff opposition, so nothing came of it--at the time. In fact, in 1943, Governor Carr of Colorado said he had uncovered a government plan to set up "regional dictatorships". Carr said that regional authorities would be setup "ostensibly to regulate physical resources". Of course, government officials denied any knowledge of such a plan. However, in 1972, Richard Nixon, by Executive Order 11647, divided the country into ten "Federal Regions". In typical Orwellian “Double-Speak”, he called it "decentralization". In 1979, by E.O. 12149, Jimmy Carter established Federal Regional Councils for each of those districts. This has been the pattern--announce the plan, deny in the face of opposition, continue in darkness, then slip quietly into the light again. Under heat of opposition to the reemerged scheme, Ronald Reagan, so we understand, rescinded those E.O.'s, but we have to believe that, if true, the program just slid back into the cover of darkness again.

In the 1960's, prior to Nixon's E.O. 11647, the drive had picked up momentum again in the form of various "revenue- sharing" schemes. Federal officials pointed out that, now collecting over 70% of the nations tax revenues, Washington was in a better financial position to solve the problems of the states and our local governments. The Federal Deficit was apparently not noticed. That many of the problems were caused by prior Federal meddling in state and local affairs was ignored.

Possibly the most damning piece of evidence as to the intent of "Revenue-Sharing" is the audaciously honest book "Revenue-Sharing" by Congressman Henry Reuss. Reuss, a leading sponsor of the program, makes it clear in the book that "Revenue- Sharing" should be used as "an incentive" to states to "modernize" their local governments. To qualify for the federal handouts, states would have to submit a "good faith" plan showing how they intend to implement this "modernization" of local government. Among the things to be included are: consolidation of the "too many", "fragmented", "balkanized", "minuscule", "jungle of", "outmoded", "horse and buggy" local governments; establishment of regional planning mechanisms; state constitutional changes to permit "interstate compacts"; steps to reduce the number of elected officials and to replace them with appointed ones (because being "forced" to vote for too many officials confuses the voters); and finally, to make provisions for state income taxes--the more "progressive", the better. He also wants the larger governmental units created by the program to be able to setup more "services", borrow with less state restriction, and, of course, be able to levy more taxes in addition to the increased funds from federal and state programs. The "federal" money (the carrot) will come on the condition that the states and locals use it for ends consistent with a "national purpose". If not, the funds will be withheld (the stick).

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In conclusion, I recommend that we resurrect the Constitution to death. End the Federal Reserve and the Income Tax that gave the federal government economic dominance over the States to restore the fiscal solvency of the States. Put the election of the Senate back into the hands of the States that it may once again play its proper role as a check against federal usurpation. Kick the federal government out of the States and the “collaborators” out of the Union.

Rick

http://PhreedomPhan-lostliberty.blogspot.com