The Tenth Amendment restricts the US government from EVERYTHING other than a few delegated powers. The Federal government has greatly overstepped its authority. After the 17th Amendment, the states did not have an important check on the federal government. Since then, the federal government started expanding rapidly beyond its enumerated powers. These proposed US Constitutional Amendments are specifically to give the states powers and tools to restrain federal control.
The following are not in perfect legal language and much debate needs to take place on these issues. I am putting this out in the arena of ideas to start the conversation. These are to give you the general idea, and the perfect language will develop over time. An Article Five convention of the states is likely the best option. I am in favor of an informal convention that will work out language of amendments and have at least 30 states pass formal calls for a convention with one exact language amendment.
Randy Barnett is great on these issues and I would rely on his advice and counsel. He is a leader on the Right/Liberty side regarding the constitution. While I have different ideas and plans than Professor Barnett, I fully endorse his Bill of Federalism, although I add some additional ideas on how to give states tools to fight federal overreach.
1st: At any time, if 50% of the seated governors ask for a federal law or executive order to be repealed, then that federal law or order shall be repealed.
Note: this could also be state legislators, with or without being signed by the Governor. There are many option that allow the states to push back on federal control.
2nd: Supreme Court Justices will serve one nine-year term. The terms will stagger. The first year of a presidential term, all the members of all the state’s Supreme Court justices will appoint one U.S. Supreme Court Justice. The President will appoint one justice in his second year of his term. The Governors will appoint one justice the third year of the presidential term. The state legislators will appoint one justice in the fourth year of the presidential term. All groups will appoint through a multiple-round voting system.
Note: A similar system for lower federal courts would apply as well. All appointments are still subject to Senate confirmation.
3rd: The federal government’s domestic taxing authority would be limited to taxing the states a percentage of their GDP. The Congress defines GDP. Congress retains their taxing authority to conduct foreign policy against declared enemies.
Note: This will put the taxing power back into the states, allowing for many different taxing approaches. Next note: Declared enemies is an effort to state that tariffs are always bad economics and only justified as a weapon against an enemy.
4th: Congress’s power to regulate commerce is limited to laws restricting the states from enforcing state laws that dissuade commerce across state lines. This restriction is overruled by 70% of the states passing with super majorities within their states requesting a federal law.
Note: This would repeal all federal laws and regulations that are outside of this very narrow definition. States will have to step up their laws to fill in the gaps. The 70% threshold ensures that only when completely necessary will the federal government need to step in.
5th: Congress will be limited to collecting 6% percent of GDP. The federal government is banned from holding debt. All current (at the time of this amendment’s passage) debt will be divided among the states respective to their portion of GDP as defined by congress. 70% of the states must agree to any federal spending above the 6%, which would be paid for by the states.
Note: This will allow the states to curb federal power overreach, however will in a time of a major war give a way to achieve needed funds.
6th: The right of parents to direct their children’s education shall not be infringed. Any government program on education shall exclude those not in the system from the education tax.
Note: This has language that makes it necessary to have an easily exemptible segregated education tax. Note: The Public School System is already unconstitutional. Next note: Not part of the 10th, however this is my amendment page.
I, Bill Haley fully endorse the parental rights Amendments.
7th: Federal funds may not be distributed to the states, only evenly (by percentage of GDP) collected from them. This excludes issues of military or foreign policy.
Note: This will stop the federal government from collecting money only to fund the states with their requirements (strings) attached.
8th: Treaties need to be approved by the states in similar manner as Constitutional Amendments.
Note: This is an additional step. Next note: extra language is needed in this amendment to ‘curb’ or put checks and balances to Legislation that is ‘treaty-lite’ or executive action that ‘acts like’ a treaty.
9th: If the majority of all the state’s highest court justices declare a subject matter to not arise under the U.S. Constitution nor otherwise a federal question, the U.S. Supreme Court and all federal inferior court’s ruling on that matter will be moot and void. The same majority has the power to enforce the Tenth Amendment by declaring a federal government law, program, spending, and executive action among other actions to be beyond the powers authorized by the Constitution.
Note on the 9th: Every branch of government needs checks and balances. Every state will have nine state justices (every state is a little different but all states will get nine as defined by state legislation). There will not need to be a case arising; governors or state legislators could summit proposals to their justices. Once twenty percent of state justices have proposals of the exact wording, all the justices will have six months to make their declaration. Example: Marriage law is outside the powers authorized in the U.S. Constitution. Example 2: Retirement planning is outside the powers authorized in the Constitution.
10th: Any government subject to this constitution shall not infringe private currency. Note: multiple private currency’s would work best within the structure listed here, however difficult to put in to amendment form. Once Competitive Regulatory Agencies (CRA’s) are established, a simple set of words in the amendment, requiring private regulation could be possible. Next note: not part of the 10th, however this is my amendment page.
I am open to working with state legislators around this country to come to an agreement on how to fight back government control. The federal government is exerting control in many ways and there will need to be many avenues to combat federal control.