1925 Supreme Court Changes to the United States Constitution

In 1913 changes to the United States Constitution were made by the enactment of the 16^th and 17^th amendments.  The 1925 Supreme Court in the Butler Case decision used the newly enacted amendments to justify changes to the United States Constitution. 

The Founding Fathers constitution had checks and balances placed within the governing document that established to limit the power and authority of the Federal government over the lives of the people.  The Founders were fearful that an all powerful Federal government would not be responsive to the people’s rights. 

Historically prior to the U. S. Constitution governmental bodies were not responsive to the rights and freedom of its citizenry.  It was not until the enactment of the U. S. Constitution in 1789 that the rights and freedom of people were to be protected.  The Founding Fathers were aware of the adage that power corrupts and that absolute power corrupts absolutely. The checks and balances were established in the original Founding Fathers Constitution so that the Federal governments appetite for power could be controlled.

Enactment of the 16^th and 17^th amendments to the constitution negated the checks and balances that were in the original constitution.  The 16^th amendment allowed the Federal government to directly tax each State’s citizens.  The 17^th amendment removed the United States Senators as “sentinels” to protect the rights of their state.  The Senators no longer had to report back to their State do determine what actions needed to be taken in Washington D. C.

U. S. Constitution Turned Upside Down

These amendment modifications allowed the Supreme Court to drastically make changes to the United States Constitution in their Butler Case decision that reversed the documents purpose.  This one decision has turned the constitution upside down.  Whereas the constitution was originally written to protect the rights and freedom of the people, the newly revised constitution, after the Supreme Court decision gave the Federal government unlimited control and authority.

The Founding Fathers constitution limited the powers of the Federal government.  The new constitutional Supreme Court interpretation has reversed the the authority positions of power from the people to the Federal government.  The Federal government is now free unbridled and unrestrained to do whatever.  The people now have limited power to control their Federal government. 

Out-of-Control Federal Government

The States which had originally given the Federal government its powers and authority now found themselves subrogated under the control of an all-powerful Federal government.  In less than a hundred years from this historic 1925 Supreme Court decision the freedom of the people has been greatly curtailed accompanied by a Federal government that has established an unprecedented debt obligation on the people.   The government’s appetite for power must be controlled or America will collapse.

The system without the checks and balances does not provide sufficient motivations for members of congress to curtail the runaway actions of the Federal government.  It is irrelevant which political party the congressional members represent as the system established by the current constitution does not provide motivation to protect the rights and freedom of the people.  The current governmental system rewards congressional members who recklessly  increase benefits for their individual electorate in order to get re-elected. 

The U. S. Senators no longer protect the rights of their State.  The people’s rights and freedom are not being protected by any of the governmental branches.  Governmental control must be returned back to the people.

Repeal the 17^th Amendment

Repealing the 17^th amendment to the constitution will reinstate the authority of the States allowing the State governments to VETO inappropriate Federal actions.  Without restoring VETO authority to the State governments the states will not have the power to stop the unbridled Federal abuses. 

Failure to control the Federal government will lead to national insolvency.  This insolvency will have unparalleled consequences affecting life, freedom and the ability of the people to pursue happiness.  It is imperative that the Federal government be bridled by the people. 

Healing America

Just as changes to the United States Constitution had unknown consequences the process of healing America must be accomplished with great care and deliberation.  The checks and balances established in the original Founding Fathers Constitution must be restored so that the ills facing America can be tackled without creating other problems. 

Inappropriate or untimely modifications to the constitution may produce consequences that produce results that further the loss of rights and freedom of the people.  It is so important to re-establish the United States Senators as “sentinels” for the States and the people prior to addressing other actions to correct problems. 

By restoring the checks and balances of the original Founding Fathers constitution America can begin the healing process.  America can return to its position of greatness.  A free American people allowed to be productive will lead the rest of the world back into freedom and prosperity.

Founding Fathers view on Religious Freedom

Of primary importance to the Founding Fathers was their belief that all religions should be protected by law whether Christian or non-Christian.  This is the first time that this premise of religious equality had been protected by law, a legal charter or constitution.  The Founding Fathers felt that religious freedom was paramount to the functioning of a moral free society.

Early Americans entwined views of liberty along with religious beliefs that one could not separate from the other.  Religion was essential part of everyday life in the newly formed United States.  Though the Founding Fathers felt it was important to separate church and state it was essential that religious morals prevailed in all government dealings. 

George Washington believed that religion and morality were the pillars of society and provided the greatest possibility for human happiness.  The Founders believed, because of man’s disposition and habits, that religion and morality were essential elements of political prosperity. 

Universal Fundamentals

As important as religion was to the early Americans it was important that no religion infringe on an individual’s beliefs or tenets.  Standards were established based on fundamental religious beliefs and these standards were taught in the schools. 

The Founding Fathers were adamant that there be a separation of church and state, but not religion and state.  Youth as well as government leaders should live by a moral code.

Schools taught recognition of a Creator who had revealed a moral code for happiness which helped men understand right from wrong.  Schools also taught that we would be held accountable for the way we treated one another and that in the next life we would be judged according to the decisions we made. 

School instruction was limited to the universal fundamentals so as to not have an outside political body instruct religious tenets.  The schools were to teach the youth the basic beliefs which united everyone. 

Religious Test for Government Service

The Founding Fathers felt that anyone holding a government position should possess the highest qualities of moral character.  However, the Founders as avid students of history knew the problems created by requiring religious tests for members of government. 

It was felt that religious tests for government service would give the Federal government too much control over who could or could not serve in government.  It was essential that members of all religions be eligible to hold a public office in the government. 

All Freedom Central to Religious Freedom

The Founding Fathers believed that religious freedom was essential if men were to enjoy any other freedom. This is because our rights come from God. These rights are referred to as unalienable rights in the Declaration of Independence, the right to life, the right to liberty, and the right to pursue a course in life that will bring happiness. If these rights are violated the offender will come under the judgment of God.

The right to religious freedom is also an unalienable right. In fact, the Supreme Court has stated numerous times that freedom of religion is the most precious unalienable rights next to life itself.  Religious faith and living by moral values is the best way to protect our freedom and security.

Checks and Balances

Our Founding Fathers were fearful of their Federal government becoming abusive to the people.  The accompanying fear of an abusive system of government is a run-a-way government that is not being prudent in how the people’s money is spent.  Due to these fears the Founding Fathers sought ways the central government’s powers could be controlled.  A system of Checks and Balances was established to bridle the activities of the Federal government.

States Separate Federal Government from the People

The Founding Fathers felt that the State leaders were best prepared to protect the people’s rights from a run-a-way government so a political wall was established between the people and the Federal government.  Article 1, Section 8 of the Constitution defines what the Federal government was allowed to do. 

James Madison the acknowledged Father of the Constitution stated that the powers granted to the Federal government are few and defined.  A short list of twenty powers were assigned to the Federal government; limiting its powers and responsibilities.  These powers were given by the State governments to the Federal government. 

In Article 1, Section 8 the Federal government was given the twenty powers that the States felt were best suitable for a Federal government to be allowed to do.  The Federal government was restricted to these twenty powers.  Any increase in the powers assigned the Federal government would have to be modified by the people.

Bill of Rights

Even with the Checks and Balances that were placed into the Constitution to protect the rights of the people some of the Founding Fathers were still hesitant to sign-onto the Constitution.  To get the acceptance of these Founding Fathers the “Bill of Rights” was added to the Constitution. 

The Bill of Rights goes into greater clarity defining the powers the Federal government is NOT allowed to do.  It was felt by many of the Founding Fathers that the central government would attempt to over step their specified list of powers if the Bill of Rights were not added to the constitutional document. 

Balance of Power

The checks and balances ensure a balance of power.  The structure of the Federal government creates a balance of power.  The checks established in the constitution were created by the Founders to keep the Federal government under control.

The House of Representatives has the assigned responsibility to protect the rights of the people.  House Representatives are elected by the people to represent their needs for a period of two years.  The representatives were to be subject to the people thereby protecting the people’s rights.

The U. S. Senators were to be appointed by their respective State legislature.  The Senators were assigned the responsibility to represent the rights and needs of their State.  These Senators were to report back to their State’s legislature actions that were being taken at the federal level of government.  The State legislature would then decide what actions the U. S. Senators would take for the benefit of their state.

The President of the United States was to be the administrator of the House of Representatives as well as the Senate protecting the rights and freedom of the people along with the States.  In this way there is a balance of powers created designed to protect the unalienable rights of the people.

Checks

The key to the established checks within the constitution is the VETO authority of each of the branches of government.  The House of Representatives has the ability to VETO actions taken by the SENATE as well as actions taken by the PRESIDENT of the United States.  In turn, the Senate has VETO power over the House of Representatives as well as the President.  The President in turn has VETO authority over the actions taken by the House and Senate.

It is these VETO powers giving authority to each of the branches of the Federal government that create the “checks” of powers and abuse.  Use of the VETO authority creates the balance of power as it guarantees that NO laws can be passed unless the people’s rights and the state’s rights are fully protected. 

Main Duties of the House of Representatives

The House members have the power to VETO legislation that does not benefit their electorate the people.  The House of Representatives has the power to tax the States.  No where within the original constitution was the Federal government given the right to tax the people directly.  Revenue required by the Federal government was to be levied onto the States.  The House has the power to SPEND; the power to BORROW.  The House of Representatives are responsible for the GENERAL welfare of the people.  The House is responsible to handle affairs that deal with multiple States.  Decisions of the House of Representatives can commit the States funds as well as actions.

Responsibilities of the Senate

The Senators were to be the “sentinels” for the States to protect their State’s rights.  Senators were to be appointed by their state legislature for a period of six years.  The Senate was designed to be a stable element cooling the actions of the House and President of the United States.  The Senate terms were established to be for a six year period along with being staggered so as to avoid emotional political turmoil.  The Senators were to be the stabilizing influence at the Federal government level. 

The Supreme Court

The Supreme Court was established to ensure that the constitutional provisions were adhered to by all parties.  The Supreme Court was to be the “watchdogs” of the constitution to further protect the unalienable rights and freedom of the people. 

The Supreme Court was given the power and authority to overrule the actions of the President and the bi-camel congress if actions taken were found to be contrary to the limitations and powers established in the constitution.  In this way excesses of government could be controlled.

RECAP

This system of checks and balances worked well for over 130 years.  The people’s rights as well as the State’s rights were protected.  In 1913 the established checks and balances were drastically altered creating many of the problems we as a nation are undergoing today.  The enactment of the 16^th and 17^th amendments have virtually destroyed the established checks and balances found in the Founding Fathers Constitution.

The Founding Fathers Constitution

The Founding Fathers of the United States were directed as well as inspired by God in the creation and writing of the United States Constitution.  Over the 220 plus years that the constitution has existed the constitution has undergone many changes.  To distinguish the original constitution from the constitution that the United States is governed by today we will call the original document the Founding Fathers Constitution.

The U. S. Founding Fathers were provided with a unique perspective that few people in history have experienced firsthand that is living under both extremes of government rule.  The authority of a tyrannical government as well as living under an ineffectual government charter with insufficient powers to govern. 

Initially life under the King George III of England was acceptable.  In fact, most of the people enjoyed life under the authority of the King of England.  As time passed grievances arose that the King was unable or unwilling to address.  The King’s unwillingness to correct the problems encountered by the colonists mounted till corrections had to be made.  The King refusing to address the problems worsened the situation for the colonists by adding additional laws, tariffs and taxes onto the backs of the colonists. 

A once loved King George III became a tyrannical leader.  The U. S. Founding Fathers attempted to redress the situation through every legal avenue they had available.  This eventually led to a hardening of positions on both sides which in turn led to the Revolutionary War.

Life under an Ineffective Government Charter

The colonies after cutting ties with England established a charter the Articles of Confederation to administer the duties, obligations of the thirteen colonies as well as conducting the war.  The Articles of Confederation were found to be ineffective not providing sufficient authority to the central government. 

The Articles of Confederation were dependent upon the colonies relinquishing authority over their territory.  The colonists as well as their colonial governments were unwilling to give the central government sufficient authority to effectively govern the thirteen colonies.   In spite of these deficiencies the Colonists were able to win the Revolutionary War.   George Washington credited the colonies performance in the war to acts of Providence.

The colonists lived several years under the limited authority of the central government governing using the Articles of Confederation charter.  This allowed the colonists to understand the disadvantages of life under a government that did not possess sufficient authority to effectively rule.  Living under these two extremes the Founding Fathers knew the disadvantages of both governmental entities.  The Founding Fathers historical experience allowed them to create a comprehensive document designed to protect the rights of the people.

The Founding Father’s Constitution

Life under the rule of the King taught the colonists to fear absolute control.  Whereas life under the charter of the Articles of Confederation taught the Founders that a central government must have certain powers and authority to be able to govern properly.  Faced with these two opposing positions the U. S. Founding Fathers undertook the creation of the United States Constitution.

Checks and Balances

The Founders were fearful that a central government over time would increase its authority and control over the people established sets of checks and balances to limit the ability of the central government to morph into a tyrannical government without the approval of the States and the people.  To protect the rights and freedom of the people checks and balances were established.

Thomas Jefferson believed that the government at the State level, being closer to the people, would provide the people with greater representation.  By balancing the authority of the national government with the combined powers of the States the powers of the national government are limited.  In this manner the powers of the Federal government are balanced between the States and the Federal or central government. 

Though the power of the Federal government was now balanced the Founding Fathers were still fearful that the central government could still develop into a tyrannical government body.   Further checks were established to limit and restrict the ability of the central government from acquiring additional authority and power over the people. 

Among the checks three entities of the national government established branches with specific duties and responsibilities.  Each branch had VETO authority over the other branches.  The bi-camel congress was given separate distinct responsibilities.  A bi-camel congress was established to represent their segment of the controlling government bodies.  The Senate was to defend the State’s rights whereas the House of Representatives were to represent the people.  It is this VETO authority that provides the checks to an out-of-control Federal government.

States Rights

The Federal government’s authority and powers are derived directly from the States.  The States were placed between the Federal government and the people.  In this way the States are a “Wall of Political Protection” protecting the rights and freedom of the people.  To accomplish this control authority the States were provided with Senators that would be under direct control of their State legislature. 

The U. S. Senators were to report directly to their State legislature to determine the response the Senators should or should not take at the Federal level of government.  The U. S. Senators were appointed by their States legislature.  The Senators were subject to the dictates of their particular State’s legislature.  In this way the States could protect the States authority as well as protect the freedom of its citizenry from infringing power of the Federal government. 

The House of Representatives was established to represent and protect the people of their state.  The House Representatives were elected by their state’s registered voters.  The House Representatives served subject to the dictates of the people.

Founding Fathers

The Founding Fathers established the separation of powers along with the redundancy of checks and balances so that the unalienable rights and freedom of the people could be adequately protected.  The Founders were so fearful of the possibility that the central government would morph over time to become tyrannical that the Bill of Rights was added to the Founding Fathers constitution. 

The Bill of Rights established the specific restrictions dictating the limits that were to be placed on the Federal government.  It was only with the addition of the Bill of Rights to the constitution that all the Founders got on board willing to accept the Founding Fathers constitution as the official governing document.  The Founders constitution was completed in 1787 and enacted in into the law of the land in 1789.

The Law by Frederic Bastiat

The Law was first published in French in 1848.  The book was written in response to a socialist movement that was occurring at the time of publication in France.  Though the book was written 170 plus years ago, the book is as relevant today as it was when the book was first published. 

Frederic Bastiat in a short 70 pages provides a fully comprehensive argument for protecting freedom, liberty as well as the law from social engineers.  Bastiat utilizes “The Law” to support his argument of individual right to legal defense. 

Though the book can easily be read in an hour to fully comprehend the books premise along with the principles contained therein requires time to ponder the concepts and ideas presented.  This book “The Law” is packed with eye-opening information making the book invaluable to understanding man’s rights. 

Frederic Bastiat

Frederic Bastiat was a French author, economist and law maker.  As an author Bastiat had written several books on economics.  Many of these books are still prized for their contribution to free market economics.  His pamphlet “The Law” is highly prized today for its comprehensive treatise on the purpose of law to protect man’s unalienable rights. 

Bastiat was ill when he wrote “The Law”.  He died a year after its publication.  Bastiat was a French patriot concerned that the valued things of the society he cherished and loved were being allowed to disintegrate

Bastiat uses “The Law” to argue that law is force utilizing government authority.  He calls legal plunder specialty groups desiring advantages over groups currently not in power.  Bastiat felt that society would be better off with fewer leaders along with our fellow beings seeking control over their own actions.  The Law describes how as citizens of a free society freedom can be preserved avoiding excessive government creating legal injustice.

Recap

This book is a must read for anyone desiring to understand freedom, liberty along with the proper role of government required to protect man’s unalienable rights.  Reading “The Law” will alter your present assumptions about the purpose of government as well as our individual obligation to society. 

The Thomas Jefferson Center highly recommends reading Frederic Bastiat’s treatise “The Law”.  Reading this book will increase your overall understanding of life, liberty, freedom along with the role of government.  This is an important book that every student should be introduced. 

The book is available online as an ebook as well as in a paper back version.  

Free Market Economics

Long before Karl Marx the American Pilgrims experimented with socialistic practices in the hopes of creating a fair just society.  The pilgrim settlers had contracted with their merchant-sponsors in London for their passage and supplies to the new world.   The pilgrim’s had established the socialistic program that was initially followed only to be replaced by a free market economics system after the first year.

For the Full Story

Experiment with Socialism

The contract they obligated themselves to in London required products of their labors to be shared equally among everyone in the community.  Their first year in the New World was difficult nearly half of the pilgrims died of sickness, exposure to the elements or starvation. 

The following spring the native Indians taught the pilgrims how to farm, fish and hunt.  With this newfound knowledge the lives of the pilgrims improved however they were still unable to prosper at their new venture of life in America. 

The pilgrim’s contract with their merchant sponsor called for everything to be held by the entire community.  The community proceeds were to be distributed equally among the community members.  No one in the community owned anything.  The initial pilgrim settlement was established as a commune. 

The pilgrims understanding their survival needs for the second winter in this new wilderness devoted only the labors that were required of them.  Their newly acquired knowledge and skills helped them to survive but not prosper.   The community members were not willing to labor for another man’s benefit.

The pilgrims led by William Bradford decided to scrap the social experiment established in their original contract with a system that rewarded individual industriousness and creativity.  The surviving pilgrims were allowed to own property along with enjoying the benefits of their labors.  The pilgrim colony then began to flourish.  The community was able to repay their sponsors in London.  The pilgrims had discovered that free market economics which rewards personal efforts works benefiting everyone in the community. 

Free Market Economics Results in Wealth for the Poor Upward Mobility

For free market economics to function property ownership must be recognized.  Allowing people to benefit from their own labor creates incentives producing overall economic development.  Over the last 100 years free market economics has been instrumental in reducing poverty along with increasing life expectancy than man had experienced in the previous 5,000 years.  Though these benefits have been real we have not had a totally free market economics system to fully function as government has been allowed to encroach on man’s unalienable rights and freedom.

The United States Constitution was established to protect the rights and freedom of its citizens.  Protection of the unalienable rights and freedom has allowed the free market economics system to not only benefit the citizens of the United States but the population of the entire world.  It was the guarantee of freedom provided by the Founding Fathers Constitution that has unleashed this creativity and development world-wide.   Men will put forth labor when they know that labor expended will go for their benefit.

Centralized Planning

Under a centralized economic system such as socialism there is a person or committee that must decide the number of items that are produced for the societies benefit.  How is that decision made?  From where is the data procured that goes into making the decision as to the number of units that is necessary to fulfill the requirements of the overall group? 

There is no source where this information can be found as society is in a continual change.  Therefore the decisions made at the central planning level are always incorrect.  There are either too many products produced or there are too few. 

If you were a government employee with the job of deciding how many products were to be produced which option would you choose; producing too many or too few.  Under socialism or a centralized planning model there are always too few products produced for the masses as it is safer to have a demand for more than to have produced too much.

Allowing People to Decide or Decentralized Planning

Under free market economics system the people are free to make the decision as to the numbers of a product that are necessary from one day to the next.  If the supply of a product is insufficient the price of that product increases.  An increase in price invites more people to produce. 

When the supply of a product is greater than the demand for that product the price of the product decreases.  The consuming public makes the decision on a day to day basis as to the number of units that are necessary to fulfill the demands. 

The price system under free market economics determines the overall numbers of products that are available for the consumer.  The people decide what products will or will not be produced and in what quantities the products will be produced. 

Free market economics is the door to creating wealth for the poor.  The price system of a free market allows consumers to determine the use of resources.  The “price system” determines what people can afford, what sells, what gets manufactured.

Our Founding Fathers Constitution

In 1789 a constitution was enacted that guaranteed the rights and freedom of the people would be protected from government tyranny.  This act along with the freedoms to try, to fail, to succeed, including the freedom to possess the benefits of one’s own labor opened up the flood gates for development in the United States and the world.  The enactment of the U. S. Constitution was the first time in the history of man that all the principles of freedom were made available at one time.