IMPEACH MAD MAX! (Maxine Waters)

MAXINE WATERS - Impeach Mad Max

by Diane Rufino, June 24, 2018

Maxine Waters needs to be impeached and removed from Congress. Her actions are detestable and unconscionable, and her conduct is unethical and un-American and unbecoming a member of the US Congress. She clearly is suffering from mad cow disease and a horrible case of racism. She serves no useful purpose in Congress and is nothing more than a destabilizing and divisive figure in this country. On top of all that, she is dishonest and corrupt as all hell.

And impeachment is the proper form of Congressional discipline for Mad Max. For members of Congress, the grounds for impeachment are not set as high as for president. In the past, members of Congress have been brought up for impeachment on such grounds as corruption, supporting the Confederacy, “disorderly conduct,” bribery, criminality, “ethically repugnant behavior,” and even disloyalty to the US. Clearly, several of those apply to Waters.

The conduct of Maxine Waters, as well as the conduct of other Democrats (including Hollywood and the entertainment industry in general), and including the mainstream media (who they are in bed with), and the Obama administration FBI and DOJ, are telling. These are the desperate acts of a desperate party. We are witnessing the Democratic Party in its death throes.

One final thought:  Maxine Waters and Democrats are encouraging (and have been since the election of Donald Trump) harassment and even violence against Trump supporters, to “convince” them not to support and align themselves with the president. It’s sort of like what the KKK did to African-Americans and to other Republicans.

I see the Democratic Party hasn’t changed a bit.

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THE RIGHTFUL REMEDY TO CURB FEDERAL SPENDING: STATE ESCROW ACCOUNTS

Federal Spending - state grants

by Diane Rufino, Nov. 8, 2015

Federal spending is clearly out-of-control. Most everyone acknowledges it. But no one seems to want to focus on a real remedy. Rather, most spend their time blaming one political party or the other (while the truth is that they both are equally to blame) or sometimes calling for a balanced budget amendment. The latter is totally unnecessary if one is willing to simply acknowledge that the Constitution itself, by its very word and spirit, requires limited spending. Any amendment will merely ratify (memorialize) the People’s concession that the government has the exceedingly broad taxing and spending powers that it was able to get the Supreme Court to grant it. And once that amendment is added, our government will no longer be a limited one. The Constitution will be one that is incapable of reigning in the powers that be. And that is why those organizations supporting a Convention of States have conveniently used a “Balanced Budget Amendment” as the reason to call such a Convention.

Any real remedy to the out-of-control spending that plagues our nation and threatens to burden our children and grandchildren and weaken our national security must address the reason for that spending. The reason we have this problem is that the federal government has exceeded its authority when it comes to its taxing and spending powers and it has greatly over-exaggerated its purpose in people’s lives and its responsibility in the matters of this great land.

For example, there are the more than 1,100 “grants-in-aid” programs (“conditioned” federal grants, usually for a specific purpose) that spend one-sixth of the federal budget on matters that are the exclusive business of state and local governments.

According to an article by James L. Buckley in the Wall Street Journal:

“Those programs, which provide funding for Medicaid as well as everything from road and bridge construction to rural housing, job training and fighting childhood obesity—now touch virtually every activity in which state and local governments are engaged. Their direct cost has grown, according to the federal budget, to an estimated $640.8 billion in 2015 from $24.1 billion in 1970.

Their indirect costs, however, go far beyond those numbers both in terms of dollars wasted and the profound distortions they have brought about in how we govern ourselves. Because the grants come with detailed federal directives, they deprive state and local officials of the flexibility to meet their own responsibilities in the most effective ways, and undermine their citizens’ ability to ensure that their taxes will be used to meet their priorities rather than those of distant federal regulators. The irony is that the money the states and local governments receive from Washington is derived either from federal taxes paid by residents of the states or from the sale of bonds that their children will have to redeem.

Congress finds the authority to enact those programs in the Supreme Court’s interpretation of the Constitution’s general-welfare clause in Steward Machine Co. v. Davis (1937). More recently, in the court’s 2012 NFIB v. Sebelius decision upholding the Affordable Care Act’s individual mandate, Chief Justice John Roberts wrote that Congress may use federal funds to “induce the States to adopt policies that the Federal Government itself could not impose,” so long as participation by the states is voluntary. To put it another way, Congress is licensed to dabble in areas in which it is forbidden to act, which it does by bribing the states to adopt Congress’s approaches to problems that are the states’ exclusive responsibility.

It is impossible, in this article, to detail all the costs imposed by those programs, but here are some of the most egregious ones: They add layers of federal and state administrative expenses to the cost of the subsidized projects; distort state priorities by offering lucrative grants for purposes of often trivial importance; and undermine accountability because state officials bound by federal regulations can’t be held responsible for the costs and failures of the projects they administer.

Finally, and of prime importance, those programs have subverted the Constitution’s federalism, its division of federal and state responsibilities, that was intended to prevent a concentration of power in a central government that could threaten individual liberties.

The states are free to decline to participate in the programs, but that has proved very hard to do. Money from Washington is still regarded as “free,” and state officials are delighted to accept grants, strings and all, rather than raise the extra money that would be required to pay the full cost of the projects they freely undertake with federal subsidies. What makes declining grants particularly difficult is the fact that if a state does not participate in a program, its share of the money—derived in whole or part from its own taxpayers—will go elsewhere.”

[Reference: James L. Buckley, “How Congress Bribes States to Give Up Power,” Wall Street Journal, December 25, 2014. Referenced at: http://www.wsj.com/articles/james-l-buckley-how-congress-bribes-states-to-give-up-power-1419541292. Mr. Buckley is a retired federal appellate judge and a former U.S. senator]

I have proposed a remedy. I like to call it the “Rightful Remedy” for curbing federal spending. The remedy relies on the sovereignty of the states, on the federal nature of our government system, and on the Tenth Amendment.

In short, the remedy summons the states to step up to their unique and historical responsibility to act as the last safeguard of their citizen’s individual’s liberty. The remedy would have each state, through their Treasury Department, establish an “Escrow Account” or “Escrow Fund” into which it would deposit its citizens’ federal income tax withholdings or funds. To be clear, citizens of each state will direct their federal income tax withholdings to go to the state Escrow Account rather than to the IRS. Similarly, citizens who don’t receive a salary but have other assets that the government taxes will send their federal income tax check to the same state Escrow Account instead of to the IRS. The funds will remain in the Account while the State Treasurer (either as a solo effort or in collaboration with other state treasurers) evaluates the federal budget for constitutionality. The Treasurer will review each item of spending and evaluate it according to the original meaning and intent of the Constitution (as it was debated, understood, and adopted by the People of each state, acting in convention in the years 1787-1790 to establish the Union of states) to see if it consistent or inconsistent with Article I, Section 8. After reviewing each item, the NC Department of State Treasurer will determine the percentage of the federal budget that is constitutional (as opposed to that portion that is unconstitutional and should rightfully be reserved to the states). The State Treasurer will then re-calculate each individual’s federal income tax burden according to its determination of constitutionality.

The State Treasurer will then forward to the IRS that portion of each individual’s tax burden that corresponds to the constitutional purposes of the budget and the remainder will remain in the State Escrow Account. The state can then determine what it should do with the amount remaining in the Account. It may choose to keep it there (“just in case”). Preferably, it will return a good portion to the individual on account that he/she was overtaxed in the first place. It may also choose to keep a portion of the amount to fund state projects that normally would have required federal funding, including “conditioned” grants.

The State could also have its citizens direct their FICA withholdings to a state Escrow Account (a different one, perhaps – a state “Social Security Escrow Account”) rather than to the IRS in order to protect their interests when they enter their retirement years. The State Treasurer could research the best investment scheme to invest the funds for the citizen so that when he or she reaches the age of retirement, the retirement funds that he or she receives will be secure and plentiful.

This remedy, in general, achieves several goals:

• It reminds Congress that not all of its spending is constitutional.

• It divests Congress of the broad interpretation of its taxing (and spending) powers that the Supreme Court has generously provided over the many years.

• It puts an important check on the scope of the federal government by the sovereign that was always intended to provide that check – the states (under the Tenth Amendment and under Compact and Agency theories).

• It helps States break free of their dependency on the federal government and hence resume their sovereign responsibilities and sovereign status.

• It forces government to divest itself of the functions and agencies that it can no longer ‘pay for.’

• It forces government to “exist within its means” (just as ordinary people are required to do).

• It provides an element of transparency and accountability in government.

• It reduces the individual federal income tax burden and allows citizens to keep more of their own money, or at least to have it spent in their “own back yard” (in their own state, to accomplish goals that benefit them more directly).

• The reduced federal income tax burden allows the states to tax according to their own schemes in order to fund directly their own projects, as they themselves see fit for their people.

• The scheme introduces a degree of innovation and creativity on the part of the state (“50 independent laboratories of innovation”) which will serve to make our government system most efficient.

• If the federal government becomes too abusive and continues to usurp reserved state powers or if it threatens individual liberty, it is much easier to shut it down and effect the remedies provided to the People in the Declaration of Independence (“to alter or abolish” government) by withholding tax funds completely.

I have written my proposal in Resolution form, and in a particularly detailed form, in order to clearly state or establish the foundations for the proposal. I believe the foundations have been lost on Americans for many generations now and it is probably for that reason that we have are in the situation we now find ourselves.

If our country doesn’t get its finances in order, and if we, as a People, don’t get our government back to work for us instead of for itself and its longevity and get it back within reasonable boundaries in our lives, in our livelihoods, and on our property (all forms), then we will lose everything good about the experiment that was started by those who reached our shores to escape various types of persecution from their own governments and who instigated for independence.

Looking at history I am reminded of countries that take different views of the role of government. There are strikingly essential differences between the governments of different countries. Most striking are those between the western nations and communism. Communism exalts the state over the individual and the family while western societies value the rights of the individual. With our federal government attempting to take care (“control”) of the individual from cradle to grave, with its massive schemes to redistribute wealth and property, with its funding of Planned Parenthood (the unborn can be sacrificed for higher goals), and its latest schemes, Obamacare (forcing the young and healthy into the health insurance market to help pay the healthcare fees for those who can’t afford it) and Common Core (uniform “programmed” education), one has to wonder what our government exalts, or promotes – the state, and what is best “for the state,” or the individual.

RESOLUTION – THE USE OF STATE ESCROW ACCOUNTS to CURB FEDERAL SPENDING

Whereas, “The Creator has made the earth for the living, not for the dead. Rights and powers can only belong to persons, not to things.” (Thomas Jefferson). Rights and powers do not originate or belong to a government, unless that power is exercised for the People – on behalf of them – and NOT against them;

Whereas, the several States, by a compact under the style and title “Constitution for the United States,” and of amendments thereto, voluntarily constituted a general government for special common purposes;

Whereas, the several States are parties to the compact (Constitution), with the people of said States acting in their own conventions to consider, debate, deliberate, and ratify it;

Whereas, our government structure is predicated on separation of powers between the States, as sovereigns, and the federal government, which is sovereign with respect to only certain responsibilities (Article I, Section 8; express language, as re-affirmed in the state ratifying conventions and the Federalist Papers, the leading authority on the meaning and intent of the Constitution);

Whereas, this separation of powers, known as federalism, is a critical feature of our government system, intended to safeguard the “precious gem” of individual liberty by limiting government overreach;

Whereas, there is no provision in the Constitution nor any grant of delegated power by which the States can be said to have (willingly or intentionally) surrendered their sovereignty, for it is clear that no State would have ratified the document and the Union would not have been established;

Whereas, the States were too watchful to leave the opportunity open to chance and using an abundance of caution, insisted that a series of amendments be added, including the Tenth Amendment, as a condition of ratification and formation of the Union;

Whereas, the Preamble to the Bill of Rights expressed the unambiguous intention of those amendments, and reads: “The Conventions of a number of the States having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best insure the beneficent ends of its institution”;

Whereas, that relationship between the states and the federal government is defined by the Tenth Amendment, which reads: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people”;

Whereas, the critical relationship has been eroded through the many Supreme Court decisions which have transferred power from the States to the federal government in order to enlarge its sphere of influence;

Whereas, the relationship has been further eroded by the dependence that States have on the federal government for funding;

Whereas, the Supreme Court has upheld the notion that the government “has the power to fix the terms upon which its money allotments to states shall be disbursed” (South Dakota v. Dole, 1987) and therefore has upheld its conditioned funds to the states as permissible (as a matter of contract law);

Whereas, with the blessing of the Supreme Court, the government can achieve through conditioned spending that which it cannot achieve constitutionally, thereby allowing it to do an end-run on the Constitution and to avoid its limitations under the Tenth Amendment;

Whereas, while the decision in Dole has noted that the conditioned spending must be for the General Welfare, it incorrectly interpreted the Constitution’s “General Welfare” Clause (“to provide for the General Welfare”) as vesting the federal government with an independent grant of power rather than recognizing that the clause merely serves as a qualifier for the 17 enumerated objects of legislation that follow;

Whereas, the federal government is not the sovereign body vested with the responsibility to address all the nation’s concerns, including local issues, which is what the “General Welfare” clause could easy be used to do;

Whereas, the federal government has made itself the exclusive and final judge of the extent of the powers delegated to itself, and as such, its need for power and its discretion – and not the Constitution – have been guiding those decisions.

Whereas, the federal government has created for itself an absolute monopoly over the nature and scope of its powers and has consistently assumed powers it wasn’t meant to have – misappropriating them from the States and from the People;

Whereas, the federal government has used said monopoly to change the nature of the Constitution, to redefine its terms, and to re-establish boundaries of government on the individual without using the lawful route, Article V;

Whereas, the particular security of the people is in the possession of a written and stable Constitution. The branches of the federal government, acting in unison rather than apprehension, have made it a blank piece of paper by construction;

Whereas, the government, once populated by representatives who were primarily beholden to the interests of the people and the States, is now populated by representatives who are primarily beholden to the interests of the government;

Whereas, through the consolidation and concerted action of its branches and said monopoly, the federal government has transformed itself into a strongly centralized, bloated national government, vested with illegitimate powers and barely recognizable as the government intended by our creators and adopted by the States in the years of our founding. This bloated central government is coercive, wasteful, corrupt, and out of touch with the People. Less than one quarter of the people trust it, most are afraid of it, and those who are required to support it by paying federal income taxes believe they are paying too much and question the legitimacy of the purposes for which it taxes and spends. Most importantly, the government is one that poses serious threats to the exercise of the freedoms that Americans are deemed to be endowed with;

Whereas, the direct consequence of a government that has enlarged its powers and functions is that it requires a larger budget and therefore has to tax its citizens more;

Whereas, with respect to federal grants and other forms of funding, if the government’s budget includes funds to “bribe” the states and otherwise attempt to influence state policy or planning, then it clearly overtaxes its citizens. Bribing the states or otherwise paying for any of its internal functions or projects is not one of the objects for which Congress can tax and spend under the Constitution, even if said bribe is cloaked in contract terms. The states are so financially strapped that there is effectively no “choice” involved in accepting grants of funding from the federal government and essentially, the offer amounts to an act of coercion. The government is absolutely forbidden to coerce a state government or its agents;

Whereas, the power to prevent the further consolidation of powers in the central government and the right of judging on infractions of inherent powers is a fundamental attribute of sovereignty which cannot be denied to the States, and therefore they must be allowed to do so;

Therefore, in order to reverse the unintended concentration of power in the federal government and in order to divest it of powers it has misappropriated and assumed for the past 200 years, and perhaps even to provide an additional check on the federal government by the People themselves (for whom the government is to serve and be accountable, according to the Declaration of Independence, lest they find the need to “alter or abolish”), the State of North Carolina will adopt the following scheme:

• The citizens of the state of North Carolina will have federal income taxes withheld from their paychecks but instead of those withholdings going to the federal government, they will be ear-marked to a state “Escrow Account” or “Escrow Fund” established by the NC Department of the State Treasurer.

• Likewise, citizens of the state of North Carolina will have FICA taxes withheld from their paychecks and also ear-marked to the state “Escrow Account/ Fund.”

• Citizens of North Carolina who receive no salary (that is taxable) but who have other assets that the federal government is able to tax under the federal Income Tax laws will send their federal income tax burden to the State (NC Department of the State Treasurer) to be deposited in the “Escrow Account/ Fund” rather than send the check to the IRS.

• The NC Department of the State Treasurer will evaluate the federal budget for constitutionality. It will review each item of spending and evaluate it according to the original meaning and intent of the Constitution (as it was debated, understood, and adopted by the People of each state, acting in convention in the years 1787-1790 to establish the Union of states) to see if it consistent or inconsistent with Article I, Section 8.

• After reviewing each item, the NC Department of State Treasurer will determine the percentage of the federal budget that is constitutional (as opposed to that portion that is unconstitutional and should rightfully be reserved to the states).

• The State Treasurer will then re-calculate each individual’s federal income tax burden according to its determination of constitutionality.

• The State Treasurer will then forward to the IRS that portion of each individual’s tax burden that will fund constitutional (legitimate) objects of the government’s authority. The remainder will remain in the State Escrow Account/ Fund.

• Of the remaining funds, the State Treasurer will return a major portion of the individual’s federal income tax withholdings to him or her. It will have the option of keeping a portion of those withholdings to fund state projects that normally would have required federal funding, including “conditioned” grants.

• With respect to the FICA funds, the NC Department of State Treasurer will establish a separate state Escrow Account/ Fund (a state Social Security Escrow Account/ Fund) for which to deposit them. The NC State Treasurer will research the best investment scheme to invest the funds for the citizen so that when he or she reaches the age of retirement, the funds that he or she will receive to make up for the loss of wages will be secure and plentiful.

The state Escrow Account/ Fund scheme, in general, achieves several goals:

• It reminds Congress that not all of its spending is constitutional.

• It divests Congress of the broad interpretation of its taxing (and spending) powers that the Supreme Court has generously provided over the many years.

• It puts an important check on the scope of the federal government by the sovereign that was always intended to provide that check – the states (under the Tenth Amendment and under Compact and Agency theories).

• It forces government to divest itself of the functions and agencies that it can no longer ‘pay for.’

• It forces government to “exist within its means” (just as ordinary people are required to do).

• It provides an element of transparency and accountability in government.

• It reduces the individual federal income tax burden and allows citizens to keep more of their own money, or at least to have it spent in their “own back yard” (in their own state, to accomplish goals that benefit them more directly).

• The reduced federal income tax burden allows the states to tax according to their own schemes in order to fund directly their own projects, as they themselves see fit for their people.

• The scheme introduces a degree of innovation and creativity on the part of the state (“50 independent laboratories of innovation”) which will serve to make our government system most efficient.

• If the federal government becomes too abusive and continues to usurp reserved state powers or if it threatens individual liberty, it is much easier to shut it down and effect the remedies provided to the People in the Declaration of Independence (“to alter or abolish” government) by withholding tax funds completely.

Embracing Founding Principles to Solve the Social Security Problem

Social Security - BROKE    by Diane Rufino, August 20, 2015

Four years ago, in 2011, Social Security reached a critical tipping point. It paid out more in benefits than it took in through payroll (FICA) taxes. So, for four years, Social Security has been running a deficit.

In 1970, Social Security and Medicare made up 18.7% of the federal budget. In 2006, these two programs made up 33.3% of the federal budget. In 2010, the two programs made up 42.7% of federal budget spending. In that same year, defense spending comprised 19.7 % of the budget and welfare programs comprised 18%. Adding it all up, a full 60.7 % of the 2010 federal budget was designated to entitlement programs.

The recent economic downturn has led to a major decrease in payroll taxes and many people have opted to collect their benefits earlier. (People can retire at age 62, but payments are reduced until age 67). This has led to the Social Security system going into the red. At this point, Social Security is nothing more than a Ponzi scheme, robbing payrolls and future retirees to pay the benefits of current retirees. The enormity of the economic downturn has led to a giant decrease in revenues, and unless an immediate rebound occurs in the economy and revenues increase, benefits will have to be cut and the retirement age will be raised….. OR, Social Security will certainly go broke. Our very own president has even told us that economic recovery will take years. So, you do the math.

 

The point I’m try to make is that the federal government continues to force a failing system on citizens.  It continues to take payroll taxes out of everyone’s paycheck, including mine, every single pay period in order to cover Social Security benefits and Medicare. It also requires the employer to match those contributions at 6.8% (so if you are self-employed or are a small business owner, then the screwing is more intense). All the while, Social Security continues to run a deficit, continues to be in debt, and continues on the fast track to insolvency.

Social Security was signed into law by President Roosevelt in 1935, as the country was beginning to recover from the Great Depression and coming to the realization that there should be programs to provide for citizens when they can’t provide for themselves, such as the elderly, the disabled, those injured on the job, dependent mothers, etc.

Before the 1930s, support for the elderly was a matter of local, state and family rather than a Federal concern (except for veterans’ pensions). However, the widespread suffering caused by the Great Depression brought support for numerous proposals for a national old-age insurance system. On January 17, 1935, President Franklin D. Roosevelt sent a message to Congress asking for “social security” legislation. The same day, Senator Robert Wagner of New York and Representative David Lewis of Maryland introduced bills reflecting the administration’s views. The bills were met with strong opposition from those who considered the program a governmental invasion of the private sphere.  Eventually the bill passed both houses, and on August 15, 1935, President Roosevelt signed the Social Security Act into law.

The act created a uniquely American solution to the problem of old-age pensions. Unlike many European nations, U.S. social security “insurance” was supported from “contributions” in the form of taxes (payroll taxes; FICA) on individuals’ wages and employers’ payrolls rather than from government funds. The act also provided funds to assist children, the blind, and the unemployed; to institute vocational training programs; and provide family health programs. As a result, enactment of Social Security brought into existence complex administrative challenges. The Social Security Act authorized the Social Security Board to register citizens for benefits, to administer the contributions received by the Federal Government, and to send payments to recipients. Prior to Social Security, the elderly routinely faced the prospect of poverty upon retirement.

Since its inception, workers have come to view their “targeted” payroll deductions (their “contributions”) to the Social Security program’s trust fund [the OASDI fund – “Old-Age, Survivors, and Disability Insurance”] as establishing a unique connection between those tax payments and future benefits, and thereby a true entitlement. They believe that because they have paid (been forced to pay) into the system, Social Security is an “earned right” and therefore they are entitled to retirement benefits, even if the government has a more pressing need for the funds and even if it claims financial insolvency. They believe the government has certainly encouraged that belief by referring to Social Security taxes as “contributions.”  They have come to view the entitlement in terms of morality, ethics, and a contracts.  The government, on the other hand, has come to view the “contributions” as anything other than that.  Social Security is simply another form of taxation and revenue – plundering – for the government.

In the case Flemming v. Nestor (1960), the Supreme Court declined to honor Americans rightful expectations in the program, holding that there is no property or contractual right in the contributions taken from their paychecks specifically for their retirement.  Justice Harlan wrote: “To engraft upon the Social Security system a concept of ‘accrued property rights’ would deprive it [the government; Congress] of the flexibility and boldness in adjustment to ever changing conditions which it demands.” The Court went on to say, “It is apparent that the non-contractual interest of an employee covered by the [Social Security] Act cannot be soundly analogized to that of the holder of an annuity, whose right to benefits is bottomed on his contractual premium payments.”

Perhaps the Court’s decision should not have been surprising. In an earlier case, Helvering v. Davis (1937), the Court had ruled that Social Security was not a contributory insurance program, saying, “The proceeds of both the employee and employer taxes are to be paid into the Treasury like any other internal revenue generally, and are not earmarked in any way.”

As Michael Tanner put it: “Social Security is not an insurance program at all. It is simply a payroll tax on one side and a welfare program on the other. Your Social Security benefits are always subject to the whim of 535 politicians in Washington.”  Just as Congress has cut Social Security benefits in the past, it is more than likely to do so in the future. In fact, given Social Security’s financial crisis, the high unemployment rate, and the historic numbers of Americans claiming disability, benefit cuts are almost inevitable. As we all know, there are various proposals to cut benefits, from increasing the retirement age to means testing.  NJ Governor Chris Christie, realizing that workers have no right to the money religiously taken from their paychecks, has suggested that those who are well enough off in their elderly years should simply forfeit their benefits to others.

So, as a result of the Flemming case, workers have no legally binding contractual rights to their Social Security benefits.  Those benefits can be cut or even eliminated at any time.  You have worked hard all your life and have paid thousands of dollars in Social Security taxes.  Now it’s finally time to retire.  Your rightful expectation is that the government delivers on its promise.  But what can you honestly expect? The Supreme Court, as it has always – ALWAYS – does, has given the government (Congress, in this case) the flexibility it needs to use use and direct the funds as it sees fit.  Again, the individual is a mere pawn.  He is, above all else, a mere source of tax revenue.

One of the myths of our political system is that the Supreme Court has the last word on the scope and meaning of federal law.  Chief Justice John Marshall proclaimed that view in Marbury v. Madison (1803), despite commentary by our Founders to the contrary.  But there is one remedy that can correct “mistakes” by the Supreme Court and it lies with the Peoples’ House – the US Congress.  Under the original intent of our government, the branches were to be separate and were supposed to actively check each other in order that none of them should transgress the bounds of their authority.  The federal judiciary, as assured to the state ratifying conventions in the Federalist Papers, would be the weakest branch, only being able to offer an opinion to the other branches. “The Executive not only dispenses the honors, but holds the sword of the community. The legislature not only commands the purse, but prescribes the rules by which the duties and rights of every citizen are to be regulated. The judiciary, on the contrary, has no influence over either the sword or the purse; no direction either of the strength or of the wealth of the society; and can take no active resolution whatever. It may truly be said to have neither FORCE nor WILL, but merely judgment; and must ultimately depend upon the aid of the executive arm even for the efficacy of its judgments.”  (Federalist No. 78, written by Alexander Hamilton).  The Supreme Court could offer its opinion as to the constitutionality of a law passed by Congress, but Congress (having the same capacity to read the words of the Constitution and its history), could act in accordance with that opinion or disregard it.  Since Marbury, whenever the Supreme Court reaches an opinion, any legislation that is “repugnant” to the Constitution MUST fall.  It’s their way or the highway.  And so, time and time again, Congress has dealt with the dissatisfaction of having the Supreme Court frustrate its legislative schemes. Sometimes it is for the better but sometimes not.  One way Congress has dealt with that dissatisfaction  is by amending or re-enacting the legislation to clarify its original intent and overrule a contrary Court construction.

While it’s true that Congress cannot really “overrule” its decisions on what a law means, Congress certainly has the power to pass a new or revised law that “changes” or “reverses” the meaning or scope of the law as interpreted by the Court, and the legislative history of the new law usually states that it was intended to “overrule” a specific Court decision.  The People, through their elected officials, and not at the mercy of unelected men and women in black robes, have the power to make the laws and set policy that they want to govern their country and their society.

With that in mind, I have come up with a proposal which, while not solving the debt crises that Social Security is in, will honor the reasonable and legitimate expectations of hard-working individuals who pay into the system, have paid into the system, and may not be able to enjoy its benefits when they retire. My solution addresses the frustration of individuals who know that the government has essentially stripped them of any legal right to their “contributions,” despite what the statute suggests, in order to use the funding scheme as an additional means of taxation to fund welfare and other unconstitutional programs.

Here is a Resolution proposing my solution:

RESOLUTION TO ENACT LEGISLATION TO DEFINE SOCIAL SECURITY FUNDS AS AN INDIVIDUAL’s PROPERTY/CONTRACTUAL RIGHT

    Whereas, the actions of our Founding generation proved their greater desire for freedom than for the security provided by its political association with England;

And Whereas, for that reason, the original thirteen states, acting together, adopted the Lee Resolution (or Resolution for Independence) on July 2, 1776, formally dissolving the bonds of allegiance with said country;

And Whereas, two days later, on July 4, the Second Continental Congress adopted the Declaration of Independence, which was intended to proclaim “to a candid world” the reasons the American states sought to dissolve its political association with England

Whereas, the reason the American states felt compelled to seek their independence from the most powerful nation on earth at the time was because of the collective treatment – the “history of repeated injuries and usurpations” – they received at the hands of King George III and the English Parliament, “all having in direct object the establishment of an absolute Tyranny” over them;

Whereas, leaders from our founding generation petitioned and pleaded with the King and Parliament to respect the inherent rights of its “subjects” in America, as addressed and protected by the various English charters of liberty, including the Magna Carta, the Petition of Right of 1628, and the English Bill of Rights of 1689, only to be ridiculed, punished, and oppressed further;

Whereas, the Declaration of Independence proclaims the principles of liberty that the “united” States of America collectively stand for, including the following:

• Individuals are the inherent depositories of government power. Individuals “assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature’s God entitle them.” When government oversteps its delegated powers and becomes destructive of liberty (denies them their freedom), power returns to the People. [First paragraph]

• People have the inherent right to dissolve their government and to assume their full rights to govern themselves (or to compact and establish another government). [First paragraph]

• All men are created equal (stemming from their equality in a state of nature) and are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness… [Second paragraph]

• In order to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed… [Second paragraph]

• That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to affect their Safety and Happiness….. [Second paragraph]

• Governments are the product of social compact – among those agreeing to be governed (“deriving their just powers from the consent of the governed”) [Second paragraph]

Whereas, the author of the Declaration of Independence, Thomas Jefferson, as well as the other members of the committee selected to draft the document (John Adams of MA, Benjamin Franklin of PA, Roger Sherman of CT, and Robert Livingston of NY) made the conscious decision to ground American government theory on the philosophy and teachings of John Locke. To be sure, each statement written in the first and second paragraphs are taken from the writings of John Locke (see the Two Treatises of Government);

Whereas, by their votes, each of the individual states adopted the position espoused in the Declaration on the origins, purpose, and limitations of government, thereby grounding individual liberty on the natural law doctrine of Individual Sovereignty;

Whereas, John Locke wrote about the “inalienable rights” of “Life, Liberty, and Property and emphasized that the primary role of government is to secure the individual’s right of Property;

Whereas, Thomas Jefferson was not only as strong a proponent of the natural origin, and thus the inalienable character, of a personal right to property as John Locke, but believed the right to property should be enlarged to include the right to accumulate wealth (and hence changed the word “property” to “pursuit of happiness”). “I believe that a right to property is founded in our natural wants, in the means with which we are endowed to satisfy these wants, and the right to what we acquire by those means without violating the similar rights of other sensible beings.” http://www.indytruth.org/library/journals/libertarianstudies/18/18_1_2.pdf

Whereas, Thomas Jefferson understood “property” to include not only real property, but also intellectual property (the product of one’s mind), and the property that results from an individual’s use of his or her talents, energy, personality, etc etc. He believed a person has the right to the benefits (wealth, security, happiness) that result (“the Pursuit of Happiness”);

Whereas, the 16th Amendment established the federal income tax by which the government, according to a progressive system, can plunder the property of Americans for the purpose of funding the its programs and obligations;

Whereas, in 1935, President Franklin Delano Roosevelt signed the Social Security Act, as the country was finally beginning to recover from the Great Depression. Millions of people were still out of work, and there was alarming concern for the elderly and retired Americans who had lost everything. The Social Security program was intended to be – and is essentially still today – a social insurance program. It is a government-run program providing economic security to our elderly citizens. The 1935 Act, in great part, provided for “old age” or retirement benefits by having workers make contributions from their paychecks to a government-managed trust fund for the purpose of replacing lost earnings at retirement (in other words, to pay for their retirement and other benefits they might need in the further);

Whereas, the contribution by an American worker into the Social Security program’s trust fund through a dedicated payroll tax establishes a unique connection between those tax payments and future benefits;

Whereas, the design and intent of the Social Security program infers a reasonable and rightful expectation by that American worker to a “right” (an “earned right”) to the benefit at the age of retirement;

Whereas, the “earned right” to social security retirement benefits is a true entitlement in the moral and legal (contractual) sense;

Whereas, the government has encouraged that belief and expectation by referring to Social Security as a “contribution”;

Whereas, the forced contribution into the Social Security program denies individuals of using those funds – the funds they worked for and earned – to invest and save themselves, on their own terms, for their retirement;

Whereas, salary is a property right, derived from one’s employment contract which converts physical and mental skills that serve the employer into a monetary equivalent;

Whereas, salary can later be transformed into other types of property, including real and personal property, can be transformed into other types of investment, such as a college education, a business venture, or a retirement plan, and can be transformed or used for other objects all designed to enrich one’s life (“Pursuit of Happiness”);

Whereas, the social policy underlying employment is that every individual should be responsible for his or her life and his or her choices, particularly the costs involved. Everyone should be personally responsible to become educated or learn some sort of trade or skill. Everything costs money and if a person can’t pay for what he or she needs and the government is intent on providing services, that money necessarily come from the property rights of another;

Whereas, the Supreme Court, in the case Flemming v. Nestor [363 U.S. 603 (1960)], provided the federal government an additional avenue to plunder the finances of American citizens by denying them a rightful property interest in the amount deducted by the government for their retirement;

Whereas, in Flemming, the Court held that entitlement to Social Security benefits is not contractual right nor a property right. As Justice Harlan, who delivered the decision, wrote: “It is apparent that the non-contractual interest of an employee covered by the [Social Security] Act cannot be soundly analogized to that of the holder of an annuity, whose right to benefits is bottomed on his contractual premium payments.”

Whereas, indeed the Court in Flemming acknowledged the legislative intent when the law was passed. “The right to Social Security benefits is in one sense ‘earned,’ for the entire scheme rests on the legislative judgment that those who, in their productive years, were functioning members of the economy may justly call upon that economy, in their later years, for protection from ‘the rigors of the poor house as well as from the haunting fear that such a lot awaits them when journey’s end is near.” The decision then went on to state that “to engraft upon the Social Security system a concept of ‘accrued property rights’ would deprive it of the flexibility and boldness in adjustment to ever changing conditions which it demands.” The Court noted that as time has gone on and as the dynamics of the country has changed, the practicality of that “judgment” (the legislative judgment) has been questioned. As such the Court concluded that an individual who contributes to Social Security has no right (property or contractual) to his or her money or to benefit payments (as would be protected by the Due Process Clause of the 5th Amendment);

Whereas, despite the language used to sell the program to the American people, just like what happened with the Patient Protection and Affordable Care Act (PPACA, or “Obamacare”), the Supreme Court went on to characterize it in complete opposite terms;

Whereas, as a result of Flemming, Social Security is not an insurance program at all. It is simply a payroll tax on one side and a welfare program on the other. An individual’s Social Security benefits are always subject to the whim of 535 politicians in Washington;

Whereas, the American people believe that they have a rightful claim to the contributions they have made over the years into the Social Security trust fund, despite what the Supreme Court might say, and demand assurances that their money will be available to them when they retire;

Whereas, under the Separation of Powers doctrine, the wisdom of the scheme of retirement benefits set forth in the Social Security Act, as interpreted (ie, re-defined) by the Supreme Court in Fleming, must be addressed by Congress – the People’s House.

THEREFORE, the US Congress must – and should feel duty-bound – to supersede the Supreme Court’s characterization of Social Security (retirement) “contributions” and benefits in Flemming by defining said contributions legislatively as a “property” and a “contractual” right belonging to each American worker (that is, each employee who has a FICA payroll tax deducted from his or her paycheck). As such, each American worker cannot be deprived of his or her promised future benefit.

FURTHERMORE, characterization of Social Security retirement contributions and benefits in terms of a tangible property/contract right to the individual will force the federal government to control its spending. Of course, another option is to privatize Social Security. Under a privatized Social Security system, workers would have full property rights in their retirement accounts. They would own the money in them, the same way people own their IRAs or 401(k) plans. Congress would have no right to touch that money.

Diane - BLOG PIC (fall 2015) #2

References:

Michael D. Tanner, “Is There a Right to Social Security,” CATO Institute, November 25, 1998.  Referenced at:  http://www.cato.org/publications/commentary/is-there-right-social-security

Social Security Act (1935) –  http://www.ourdocuments.gov/doc.php?flash=true&doc=68