Showing posts with label General Welfare Clause. Show all posts
Showing posts with label General Welfare Clause. Show all posts

Sunday, January 3, 2021

What is the Congress Allowed to Do, and What is it Not Allowed to Do (Without an Amendment)?

 




Click on, and open in new tab or window, or download,
to view in full detail



Note:

The infographic above is intended to be only a
basic overview of what libertarian, conservative,
"constitutionalist", and/or "original intent"
interpretations of the Constitution
seem to allow the Congress to do.

It does not include all policy topics.

Policy topics not listed in the above image include
(for example) bankruptcy, antitrust and monopolies,
the census, the military draft, consumer labeling, 
child protection, monitoring elections, and setting wages and
overseeing union negotiations and collecting labor statistics.

The topics above are listed in order according to
how easily it would be to justify federal legislation
on the manner - according to the Constitution and
what has traditionally been allowed for most of the
country's history - from the easiest (bankruptcy). to
the most difficult (the activities of the Department of Labor).



Click on the following link to see the previous article on this topic:



Created and published on January 3rd, 2021

Edited on January 4th, 2021



Friday, December 11, 2015

Why I Didn't Vote in the 2012 Scott Walker Recall Election


Originally Written on May 4th and 24th, 2012
Edited and Expanded on December 11th, 2015


            The following was written in response to a question about whether I would have a reaction to the Milwaukee Journal-Sentinel’s endorsement of Scott Walker in the 2012 Wisconsin gubernatorial recall election, in which Walker faced a rematch of the 2010 election. Walker became the Governor of Wisconsin that year, defeating Democratic challenger Tom Barrett, the mayor of Milwaukee.

            For the majority of the period during which Scott Walker said that he had no plans to turn Wisconsin into a Right-to-Work state, I took the opposite position, but not just out of disagreement with Walker. This put my overall labor policy to the fiscal right of Walker’s.
But later, after discovering, and coming to agree with, Friedrich Hayek’s position on the issue, I changed my position on Right-to-Work laws, because I felt that they impose conditions upon what kinds of contracts people and businesses are allowed to make, and inhibit the obligation of contracts. I felt that to impose these kinds of restrictions upon the people, businesses, and unions of an entire state, is too egregious an incursion into popular liberties.
However, in May 2012, Walker came out in support of Right-to-Work laws, so my reversal on the issue took place at about the same time as Walker’s reversal. My position opposing Right-to-Work makes my overall political positions slightly more palatable to the left.

As a social liberal and an opponent of corporate welfare and personal political corruption, I understand the unpopularity of defending or making excuses for Scott Walker on small government and fiscally conservative grounds.
In general, I see the need for fiscal austerity, and for cuts in the size and scope of government, as well as cuts in government payroll, public services, and taxes. While some solutions to fiscal irresponsibility such as cutting taxes or refraining from implementing federal block-grants of funds to the states, can be seen as putting the cart before the horse, I see this need because I feel that cuts in government services can lead to growth in the size, number, and variety of non-governmental organizations which provide similar services, and can help to avoid the risk of bureaucratic overhead which so often accompanies over-centralized and over-bureaucratized management.
 I feel that Wisconsin’s budget crisis is more the fault of the federal government – in particular, the Federal Reserve - than it is the fault of Governor Walker. I am more likely to support austerity when the people decide it’s the appropriate time, not when governors have allowed the federal government to bankrupt state and local governments. It is regrettable that it has taken a divisive governor to advocate for the financial mindset from which the state could have begun to benefit several years ago.
Moreover, it is a pity that Scott Walker has become one of the most prominent poster-boys of austerity in America, when those in Congress and at the Federal Reserve are much more responsible for the mess we are in, than Scott Walker or Chris Christie, being that those in the federal government have spearheaded the bankruptcy of state and local governments, for the benefit of a select group of European bankers and few others.

Walker bore the brunt of criticism that his union-rights-assaulting Budget Repair Bill can only justify itself upon the notion that it would have been inappropriate to accept federal funding for high-speed rail in Wisconsin and its neighboring states.
Indeed, it was Arthur Louis Kohl-Riggs, the young man from Madison who ran against Scott Walker for the Republican nomination in the 2012 recall effort, who said something to the effect of “any reasonable governor would have accepted that federal high-speed rail money” (it was these funds which are said to have created the hole in the state’s budget).
I disagree, and I commend Walker for rejecting it, because I believe that high-speed transportation infrastructure that almost exclusively benefits Midwesterners, does not promote the general welfare of all Americans. I feel that unanimous “general welfare” should be the necessary condition for federal spending.
If Wisconsinites should not be expected to help pay for a bridge in Alaska, why should Alaskans be expected to help pay for high-speed transit infrastructure in Wisconsin? They shouldn’t. Federal funding for transportation infrastructure is fertile ground for mismanagement, over-bureaucratization, personal political corruption, market distortions, and civic discrimination in favor of regional special interests. For Wisconsin or any other state to use federal funds for such regional projects would only serve to excuse pork projects in other parts of the country; to do so would further threaten federal budget stability.
Being that the State of Wisconsin’s involvement in the financial crisis was brought about through over-dependency of the various regional banks on the Federal Reserve, continued dependence on federal funding is no way out of this mess.

Additionally, I believe that the private sector would do a more efficient and responsible job of constructing transportation infrastructure than the government would, and that, if handled by the private sector, there would be less of a chance that those funds would have been diverted to other spending projects, and of ending up in the pockets of politicians and lobbyists. Some might respond to this by saying that the money would end up in the hands of C.E.O.s and the like, and we all know how much Walker likes giving tax breaks to businesses and the wealthy.
Walker and I do not share the same economic nor political philosophy. Although Walker took some steps protecting Wisconsinites from the aforementioned dangers, he failed to take additional steps promoting the political and fiscal independence and sovereignty of the people, the communities, and the state. Walker is a corporatist technocrat who, to some extent, supports states’ rights. I, on the other hand, favor the rights of local communities, and individual liberties.
In contrast to Walker’s strategy of giving tax breaks to the wealthy, I have favored taxing the creation of income disparity. But I also support introducing reforms to foster competition in governance, in order to allow people to choose fair and neutral parties to arbitrate the disputes which they cannot resolve by themselves. This would curb the power of state governments to intervene in such disputes uninvited, and it would allow people to create contracts between themselves, rather than being burdened by legislation which limits their rights to do so.

In my opinion, Walker is not polarizing because he is farther to the right than many Wisconsinites are used to, or would care to tolerate; he is polarizing because - as with any politician, especially a governor or a president – it’s Walker’s way or the highway. But that is the same way things will be if Tom Barrett wins the governor’s seat.
Nobody will be satisfied – and my interpretation of the General Welfare Clause will never be fulfilled – as long as people are not free to vote “none of the above” in every election, with “none” being taken as the final result of that election, without a special election having to take place later. Nobody will be satisfied as long as people cannot choose to be governed by any agency other than the federal government, and the state and local governments, which function as little more than federal subsidiaries.
Nobody will be satisfied as long as governments are not permitted to compete across state borders, which – given that all government-administered distribution of goods and services is inherently commercial in nature – flies in the face of a rational revisitation of the strict-constructionist interpretation of the Interstate Commerce Clause.
Additionally, the only politician who will not be a polarizing influence, is a candidate who lets people refrain from associating politically with people whose ideologies are nearly, or completely, irreconcilable with their own.

In these disastrous economic times, during which - the data I have encountered would seem to indicate – the federal government is approximately four decades’ worth of annual revenue in debt, it comes as no surprise that we are experiencing a very divisive atmosphere in regards to the intersection of finance and civics.
            But the staunch big-government supporters and the staunch small-government supporters have forgotten that it is their mutual opposition to the center’s corruption and its belligerence on foreign policy which typically unites them, when indeed they are united, however temporarily and tentatively. One can only wonder how the various extremist civic-financial factions would work out their differences once the expensive specter of the military-industrial complex were removed from the equation.

Polarizing, extremist politicians are in-style this political season. While figures like Scott Walker, Paul Ryan, and John Boehner are polarizing, they are not extremists. Many Americans have come to see the benefits of the unity of extremists of both sides, particularly in regards to foreign policy, civil liberties, and campaign reform (I’m speaking of the “libertarian-progressive alliance” between the likes of Ron Paul and Ralph Nader). It is these so-called extremists who escape the false dichotomy of bipartisanship, and which venture into the yet-untreaded realm of non-partisanship and “trans-partisanship”. The most prominent so-called extremists – people like Ron Paul and Gary Johnson – are somehow not polarizing; Paul, who has said that there is too much partisanship in Washington, D.C., has been described as “trans-partisan”.
I feel that all this demonstrates that what we need is not “compromise, not capitulation” (as Democratic congressman Mark Pocan put it), but “consensus, not compromise”. This premise, and the premise of “principles over pragmatism”, would help satisfy the constitutional requirement that federal spending and legislation benefit the general welfare, ensuring that people need not compromise-away their principles and property to get the government services they need.

Fiscal sanity – although not the Scott Walker style soft money and tax breaks for businesses and the wealthy – helps the pocketbooks of all Americans. A humble foreign policy with a strong national defense – not George W. Bush style interventionist military belligerence – makes all Americans safer.
It benefits all Americans to demonstrate that laissez-faire capitalism is not irreconcilable with the destruction of artificial hierarchies, and that it is irreconcilable with evils like coercive expropriation (i.e., legitimized theft by government), and an expensive warfare state which is financed and perpetuated through its own power to compel persons to come to it exclusively for protection and justice.
The dual-federalist solution - and the validity of the idea behind Reagan’s “vote with your feet” catch-all solution - notwithstanding, the minuscule degrees of sovereignty possessed by the state and local governments are no viable competition against this Leviathan monopoly government, as they have largely surrendered their authorities and responsibilities in exchange for monetary favors (such as would have been the case with Wisconsin and the federal high-speed rail money), becoming all but vertically-integrated subsidiaries of the oligopolistic corporate United States federal Government.
The only way to undermine this artificial near-oligopoly government is to fulfill the meaning of our nation’s creed; that “all men are created equal, and endowed… with certain inalienable rights”; that the only legitimate government gets its authority through consensual delegation by the governed, who originally possess those authorities. Additionally, that all government spending should serve the welfare of all partners and parties to political associations, unless such parties agree that democratic reform is worth its risks, and agree to bind themselves to its decision-making processes, but revocably, and of their own volition.

While I am a market-anarchist, I am also a republican, but only in that republicanism is a means to an end. I respect so-called extremists from both ends of the economic spectrum, because they have goals, and are true to their ideologies. The only things that the often polarizing, non- “extremist”, “pragmatic” Democrats and Republicans, have to offer us, are an all-or-nothing, “my way or the highway” mindset, and a political culture in which about 49% of the people are dissatisfied and envious of those whom are better represented.
            In 1980, Scott Walker benefactor David Koch (of the infamous Koch brothers) was the Libertarian Party’s candidate for vice president. Then, libertarians knew he wasn’t one of them – denouncing the growing influence of the “Kochtopus” on the party and its platform - and they know today that he isn’t one of them.
            Those on the extreme left – for the sake of a chance at a humble foreign policy – owe it to libertarians to permit an attempt to prove that libertarianism is not about corruption, nor corporate tyranny, nor slavery, but about discovering to what extent any existing corporate tyranny is the fault of the government; of centralized state power.
The results of a political quiz I recently took, shows that libertarianism is nowhere near as “all-or-nothing” as the framed, false dichotomy of the “left-vs.-right”, Democrat vs. Republican debate; the quiz described me as, first, a Libertarian Party sympathizer, a Green Party sympathizer second, a Republican third, and a Democrat fourth.
            As German military officer turned nonuagenarian acid freak Ernst Junger, once said (to paraphrase), there is no left-vs.-right; there is only centralization of power vs. diffusion of power. And who would know better than a German military officer turned acid freak?

            In conclusion, I am not going to vote in the recall election. I will vote in a Wisconsin gubernatorial election, when, and only when, a candidate makes credible promises to start issuing passports on behalf of the state (treating the state as a country foreign to the federal government); to advocate for the construction of consular offices with the purposes of establishing diplomacy with the foreign, alien federal government; to re-assert the state’s status as free, independent, and sovereign (a status which has been referenced in official federal government documents spanning from 1778 to 2009); and to push for full-reserve banking at the federal level, or, failing that, to push for permits for the states and private persons to introduce competition into the market for currency.
            Until that day comes, I urge my fellow Wisconsinites to vote “none of the above” if that is an option. I also urge them, when making excuses for their representatives at any and all levels of government, to remember that we are only presumed to have consented to delegate powers to them, and that we only become citizens of the many legal jurisdictions by accident of birth or our parents’ travel.

            Additionally, I will decline to support Tom Barrett because of his association with Rahm Emanuel, his pro- big business attitudes, his support for gun control, and the prospect that his support of Big Labor will only serve to augment the power of government to set conditions for union strikes, and serve as an impediment to the creation of new unions.

Thursday, May 8, 2014

Taxpayer-Funded Benefits for Undocumented Immigrants

The following was written in April 2014, as part of a response to the Campaign for Liberty's 2012 survey questionnaire for candidates running for federal office.



17. Will you vote to oppose all taxpayer-funded benefits for illegal immigrants?

     Yes, I will vote to oppose all taxpayer-funded federal benefits for undocumented immigrants.
     Although race discrimination in employment practices and the eVerify program are, undeniably, obstacles to undocumented immigrants obtaining the means of survival and a decent standard of living, there are additional obstacles; namely, the increasing monopolization of the public sector over the distribution of welfare services.
     Government departments and bureaus which prohibit the private sector and the non-profit voluntary sector from competing to provide welfare services deny people who entered this country through illegal methods the ability to obtain their needs through earning money and paying for those goods and services with cash or credit, and through receiving voluntary mutual aid given interpersonally and via charitable organizations.
     Such individuals have already been denied the legal right to work, and so – with no remaining legal alternatives - they often find themselves in need of goods and services which the government has limited the ability of non-governmental actors to provide. They cannot attempt to make use of many of such services, because they would risk revealing their immigration status to the government in order to do so, thereby risking deportation.
     When undocumented immigrants cannot either work to obtain, or receive for free, services which are typically provided by governmentgovernment overreach is to blame. If ever a government requires its citizens to present sufficient documentation of their identity whenever they needed food or water, then we would be asking whether undocumented immigrants even have the right to eat and drink - hence survive – and survival will be considered a right granted by government, to an even greater degree than it is already. But when welfare provision is not exclusively done by government, it cannot be cut by legislators who cut services in order to satisfy taxpayers.
     If the public sector continues to monopolize the provision of welfare, then when State-run markets collapse - and/or when governments become unable to sufficiently provide welfare - people's basic needs will not be met. That is, unless a thriving underground market featuring gift-giving, bartering, sharing, and trade between voluntarily cooperating individuals is permitted to function; absent price controls, purchase mandates, citizenship requirements, and barriers to participation and competition in markets.
     The federal government should neither require states to provide taxpayer-funded benefits to undocumented immigrants, nor prohibit them from doing so. I will urge states to allow such individuals to freely access and/or purchase any and all ordinary consumer goods and services – whether health services, education, or items which require minimum age for purchase – without presenting documentation or registering with a government administration.
     Additionally, I will vote to repeal the D.R.E.A.M. (Development, Relief, and Education for Alien Minors) Act because of the manner in which it was implemented; President Obama implemented it via an executive order after the bill had been rejected by Congress. But I also support repealing the Act because of the choices it offered undocumented immigrants as a condition of staying; to study in college or serve in the military. Most of such individuals come to the United States to work, not to study or to fight the federal government's enemies; without the option of apprenticeship in one's field as an alternative, such legislation amounts to little more than a threat to temporarily derail the kind of life desired by the immigrant.
     I will urge states to implement generous guest worker programs for undocumented immigrants, allow people to work while on welfare and transition from one to the other with a smooth transition by enacting negative income taxes, pass state-level D.R.E.A.M.-Act-type legislation that includes apprenticeship as a condition for citizenship, and consider having separate licenses for driving and car insurance versus for travel and security purposes.




For more entries on borders, immigration, and territorial integrity, please visit:
http://www.aquarianagrarian.blogspot.com/2014/04/social-policies-for-2012-us-house.html

For more entries on social services, public planning, and welfare, please visit:
http://www.aquarianagrarian.blogspot.com/2014/05/the-general-welfare-clause.html

For more entries on taxation, please visit:

The Tenth Amendment

The following was written in April 2014, as part of a response to the Campaign for Liberty's 2012 survey questionnaire for candidates running for federal office.



6. Do you support and will you vote to protect states asserting their rights under the Tenth Amendment?

     Yes, I support and will vote to protect states asserting their rights under the Tenth Amendment.
     The federal government has broken its constitutional agreement with the states to exercise the Enumerated Powers. Overly broad and sweeping interpretations and applications of the Necessary and Proper Clause, the General Welfare Clause, and the Interstate Commerce Clause have all contributed to the justification of federal intervention in economic and civic life in the states.
     So too have executive orders which authorized – under the otherwise constitutional presidential power to re-organize the cabinet - the “reorganization” of entire industries, and sectors of industrial relations and of the economy, under the federal government's jurisdiction (as represented in the cabinet and in cabinet-level agencies), without the approval of Congress.
     Furthermore, the federal government has broken its agreement to only exercise exclusive jurisdiction over the District of Columbia and the nation's overseas territories, and over the lands and policy matters explicitly granted to it by the states in Article I, Section 8. The federal government's ownership of vast land areas within the states impedes the ability of each state to tax the unimproved value of land as fully as it finds necessary in order to afford to be in a financial relationship with the federal government.
     I fully support the rights of states to nullify and interpose unconstitutional federal laws; to enjoin federal authorities against enforcing such laws; and to exercise Article 5 powers. I believe that more Americans would support the rights of states if they knew that during the Civil War, the State of Wisconsin nullified federal legislation to return freed slaves to their former masters.




For more entries on states' rights, the Tenth Amendment, and other states' issues, please visit:

The General Welfare Clause

The following was written in November 2013 as a response to the questionnaire for federal candidates seeking an endorsement from the Liberty Caucus of the Republican Conference (i.e., the Republican Party).

Here is the link to the original questionnaire:

http://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&ved=0CC4QFjAA&url=http%3A%2F%2Fwi.rlc.org%2Fwp-content%2Fuploads%2F2010%2F05%2FFederal-Candidate-Questionnaire.doc&ei=u3B8UqXbBqPiiwL2ioCoDg&usg=AFQjCNHAzM58Dr-APGVchRKzOkVV0TKRyw&sig2=qStOgZ0RAgXVAbnHi2kFtw

This is my answer to Question #12.



12. C
   (Congress's power to provide for the general welfare means that the federal government should exercise power over issues that affect the entire U.S. population; not that business interests, social welfare, nor any light and transient cause that might help some indeterminate number or group of people, should justify federal spending)
   Congress's power to provide for general welfare means that (C) the federal government should exercise power over issues that jeopardize the safety of the entire U.S. population.
   There is no explicit power of Congress to “provide for the common good”, and the power to provide for the “general welfare” is often misinterpreted. “General welfare” does not mean vague welfare; that is, it does not mean (D) any government that can help citizens.
    It does also not mean (A) protecting, bailing out, and giving favors to businesses and industries or (B) providing all citizens with a minimum income. The “general welfare” means “the good of all (or nearly all) people in the country”.
    This interpretation of the General Welfare Clause is essential to preventing runaway federal spending on national projects that benefit only one area of the nation, or customers and owners of - and investors in – certain businesses.

    A bridge that would only be used by a handful of people a day in Alaska, and a public transit system in Madison, Wisconsin that would be used by a hundred thousand people a dayet cetera, do not benefit all or nearly all American citizens. How those projects are funded should reflect that fact, as well as the principles of local and decentralized government upon which our structure of government was based.





For more entries on theory of government, please visit:

How to Fold Two Square Pieces of Card Stock into a Box

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