RESOLUTION FOR CONGRESS TO CONVENE A CONVENTION TO PROPOSE AMENDMENTS CONSTITUTING A BILL OF FEDERALISM AND REPARATION

This post is a response to an article posted on Forbes, entitled, "A Bill Of Federalism," by Randy E. Barnett, "A detailed proposal to redress the imbalance between state and federal power."

It was in John Wilson's Recommended reading, which he regularly sends to me. I'm glad John suggested it, because I think it's a great idea, although I have added a few needed changes. To view the proposed "BILL OF FEDERALISM" as written BEFORE my changes, go to the following link:

http://www.forbes.com/2009/05/20/bill-of-federalism-constitution-states-supreme-court-opinions-contributors-randy-barnett_2.html

My version of the bill is as follows:

Whereas the Declaration of Independence states "All men are created equal (a right granted by and under God) and Article One of the constitution states, “All legislative powers herein granted shall be vested in a Congress of the United States"; and

Whereas the United States has violated the rights of men and the congress conspired to define black slaves as fractions of a man, a fraction of one being less than one, and thus unequal, thereby exceeding the legislative powers granted by God and in the constitution, thereby usurping the powers that are “reserved to God," not the Congress or the leaders raised up by God to form a great nation, as the Declaration of Independence affirms the rights “retained by God," which King George disparaged, and

Whereas the Supreme Court of the United States ruled that the United States could not confiscate the lands and possessions of the Cherokee Indian natives without their consent and lawful compensation, and President Andrew Jackson violated the Constitution by defying the Supreme Court, to which the Cherokee had lawfully and constitutionally appealed, and forced the Cherokee nation to walk on foot from Georgia to Oklahoma, during which 25% of the innocent Cherokee died and were buried in shallow graves along the way because the president of these United States ignored or misinterpreted the meaning of “ALL men are created equal by God," and because the Congress by its failure to impeach him for crimes against humanity upholding this usurpation, became equally guilty;

To restore a proper balance between the powers of God, and the self-serving, cowardly, politically motivated and inept Congress of the United States, including those of the several states who violated the rights of Black men, women, and children, and Indian men, women, and children, and to prevent the denial or disparagement of the rights retained by the people, granted by God, not subject to racial or religious prejudice, bigotry and vile hypocrisy of the U.S. Congress and those of the several states whose geographic boundaries include the lands taken by violation of lawful treaties with the Indian nations, the legislature of the State of ________ hereby resolves:

First, that Congress shall call a convention, consisting of delegates from the several States selected by procedures established by their respective legislatures, for the purpose of proposing the following articles be added as separate amendments to the Constitution of the United States, each of which shall be valid to all intents and purposes as part of the Constitution when separately ratified by the legislatures of three-fourths of the several States; and

Second, that any previous memorial for a convention under Article V of the Constitution of the United States by this legislature is hereby repealed and without effect; and

Third, that copies of this memorial shall be sent to the secretary of state and presiding officers of both houses of the legislatures of each of the several states in the union, the clerk of the United States house of representatives, the secretary of the United States senate, and to each member of the ________ congressional delegation; and

Fourth, that this memorial for a convention is conditioned on the memorials of two-thirds of the legislatures of the several states proposing the exact same language contained in some or all of the following articles, and is to remain in effect unless repealed by resolution of this legislature prior to the memorials of two-thirds of the states being reported to Congress:

Article [of Amendment 1] -- [Restrictions on Tax Powers of Congress ]

Section 1. Congress shall make no law laying or collecting taxes upon incomes, gifts, or estates, or upon aggregate consumption or expenditures of any member of a former Indian Nation as all territory of these United States was seized by violation of lawful treaties with said Indian Nations, or taxes upon incomes, gifts, or estates, or upon aggregate consumption or expenditures of any former citizen of an African nation from whom citizens were unwillingly taken from their families and sold into slavery in any of the several states, or upon any of their descendants, pure or of mixed race, any one of whose progenitors was an Indian or a black; but Congress shall have power to levy a uniform tax on the sale of goods or services;

Section 2. Any imposition of or increase in a tax, duty, impost or excise shall require the approval of three-fifths of the House of Representatives and three-fifths of the Senate, and shall separately be presented to the president of the United States, but shall not apply to any descendant of Indian or black heritage or any descendants thereof.

Section 3. This article shall be effective five years from the date of its ratification, at which time the 16th Article of amendment is repealed, and at which time all taxes ever collected from any person of Indian or Black heritage shall be retroactively returned with interest, either to them or their descendants. If the person from whom the taxes were paid is not extant, all such sums, which must be fairly and honestly calculated or estimated, shall be paid into a national fund providing a free University-level education of any Indian or Black person's choosing, during which they shall be freed from labor and provided with tutors without cost to ensure their graduation from said institutions in the field of their choosing.

Article [of Amendment 2] -- [Limits of Commerce Power]

The power of Congress to make all laws which are necessary and proper to regulate commerce among the several states, or with foreign nations, shall not be construed to include the power to regulate, usurp, or steal without compensation any property activity that is or was formerly confined within a single Indian nation's boundaries or present state regardless of its effects outside the state or the opinions of the several religious sects who would interfere in the personal decisions of those within such boundaries, including their own state, whether it employs instrumentalities therefrom, or whether its regulation or prohibition is part of a comprehensive regulatory or religious scheme; but Congress shall have power to regulate harmful emissions between one state and another, and to define and provide for punishment of offenses constituting acts of war or violent insurrection against the United States, and to order payment of reparations in lieu of the return of all lands obtained by Indian nation treaty violations.

Article [of Amendment 3] -- [Unfunded Mandates and Conditions on Spending]

Congress shall not impose upon a State, or political subdivision thereof, any obligation or duty to make expenditures unless such expenditures shall be fully reimbursed by the United States; nor shall Congress place any condition on the expenditure or receipt of appropriated funds requiring a State, or political subdivision thereof, to enact a law or regulation restricting the liberties of its citizens.

Article [of Amendment 4] -- [No Abuse of the Treaty Power]

No treaty or other international agreement may enlarge the legislative power of Congress granted by this Constitution under God, nor govern except by legislation any activity that is confined within the United States. By definition of this amendment, reparations shall be paid to the descendants of those slaves whose labor was forced by an evil, nation-defiling mandate, attributed to God (!), when the slaves were not abducted from Egypt or Ethiopia, inhabited by the cursed descendants of Cush, but from the innocent descendants of un-cursed sons of Ham, living in West Africa, and whose slave labor was thus falsely justified and thus, falsely presumed justified by God, and was not fully reimbursed, so that slave holders could enjoy license and ease and benefit financially and sexually (without even the benefit of knee-pads!) from such unfunded mandates of slavery and crimes against humanity; May God then forgive this nation for the blood on its hands, including the transgressions of the slave holders President Lincoln allowed to continue as the same in those areas that supported his attempts to preserve the Union, the states who at any time supported slavery, the Congress which nodded at the evil definition of a man with black skin as only a fraction of a man and an Indian as having no rights at all but expulsion from his land, a subject of genocide if he resisted or attempted to continue possess that which was his according to treaty and inalienable rights to life, liberty, and pursuit of happiness granted by God, and not subject to change by King George, President Jackson, or any concurring or complicit Congress, and their nations as sources of plunder and unlawful expansion of these United States.

Article [of Amendment 5] -- [Freedom of Political Speech and Press]

The freedom of speech and press includes any contribution to political campaigns or to candidates for public office; and shall be construed to extend equally to any medium of communication however scarce.

Article [of Amendment 6] -- [Power of States to Check Federal Power]

Upon the identically worded resolutions of the legislatures of three quarters of the states, any law or regulation of the United States, identified with specificity, is thereby rescinded.

This shall, by example, include the return of all lands confiscated from the Klamath Indians of Oregon by the errant use of the power to declare it a national park, thereby confiscating the water rights of Oregon farmers and rendering their farms unproductive and of little value. Congress shall enact payment of damages to all such farmers and their families to reimburse them for the hardships and displacements they suffered as a result of such unlawful federal confiscation.

Article [of Amendment 7] -- [Term Limits for Congress]

Section 1. No person who has served as a Senator for more than nine years, or as a Representative for more than eleven years, shall be eligible for election or appointment to the Senate or the House of Representatives respectively, excluding any time served prior to the enactment of this Article.

Section 2. If during the terms defined in Section 1, any Senator is found guilty of corruption, all retirement and other benefits to which he may be normally entitled following his term(s) is herein rescinded. This shall also be applicable to any Senator or Representative of state legislatures ratifying this amendment.

Article [of Amendment 8] -- [Balanced Budget Line Item Veto]

Section 1. The budget of the United States shall be deemed unbalanced whenever the total amount of the public debt of the United States at the close of any fiscal year is greater than the total amount of such debt at the close of the preceding fiscal year.

Section 2. Whenever the budget of the United States is unbalanced, the President may, during the next annual session of Congress, separately approve, reduce or disapprove any monetary amounts in any legislation that appropriates or authorizes the appropriation of any money drawn from the Treasury, other than money for the operation of the Congress and judiciary of the United States, or necessary for payment of the reparations previously described. If such presidential power is hampered by the total of only those expenditures herein enumerated, the shortage shall be drawn entirely from the Defense budget to a maximum of 65%. The importance of campaign contributions from Defense interests shall not be taken into consideration.

Section 3. Any legislation that the President approves with changes pursuant to the second section of this Article shall become law as modified. The President shall return with objections those portions of the legislation containing reduced or disapproved monetary amounts to the House where such legislation originated, which may then, in the manner prescribed in the seventh section of the first Article of this Constitution, separately reconsider each reduced or disapproved monetary amount.

Section 4. The Congress shall have power to implement this Article by appropriate legislation; and this Article shall take effect on the first day of the next annual session of Congress following its ratification, and shall have equal effect upon the budget procedures of those states ratifying it.

Article [of Amendment 9] -- [The Rights Retained by the People]

Section 1. All persons are equally free and independent, and have certain natural, inherent and unalienable rights which they retain when forming any government, amongst which are the enjoying, defending and preserving of their life and liberty, acquiring, possessing and protecting real and personal property, making binding contracts of their choosing, and pursuing their happiness and safety. It is this fundamental assertion, which justifies the existence of these United States, which requires the reparations herein described, lest this nation be brought to an end by the wrath of the same God to which it appealed for existence and whose existence it attributes to that same God.

Section 2. The due process of law shall be construed to provide the opportunity to introduce evidence or otherwise show that a law, regulation or order is an infringement of such rights of any citizen or legal resident of the United States or individual impacted in any way by the actions thereof, and the party defending the challenged law, regulation, or order shall have the burden of establishing the basis in law and fact of its conformity with this Constitution.

Article [of Amendment 10] -- [Neither Foreign Law nor American Judges May Alter the Meaning of Constitution]

The words and phrases of this Constitution shall be interpreted according to their meaning at the time of their enactment, which meaning shall remain the same until changed pursuant to Article V; nor shall such meaning be altered by reference to the law of nations or the laws of other nations.

This concludes the modifications, but as Barrett thought it proper to return to the founding principles of this nation, I have modified it as Kicks Iron, the Sioux Indian Chief pictured as the logo of this site, might have, and as Kicks Iron, a CHEROKEE Indian and critical character in my novel, JIHAD, definitely would have. If you have read this post, you should also go to "my links" at the top of the side column which takes you to JIHAD, and read the portion free for reading there.

Please feel free to comment on this post.