Category Archives: Blog Discussions

Constitution Day Open Thread: Top 3 Amendments You Would Make

Today marks the 223rd anniversary of the U.S. Constitution, allegedly the supreme law of the land. The framers of the Constitution recognized that over time changes would need to be made through an amendment process. In the intervening 223 years, this document has been amended only 27 times.

This brings me to the question I want to pose to readers: what top 3 amendments would you make if you could and why?

Here are my top 3 in no particular order:

1. Rebalancing the Scales of Justice Amendment: The 4th 6th Amendment’s guarantee for the accused to have a court appointed [see comments below] lawyer is a wonderful idea but incomplete. Sure, the accused can be represented by a public defender but does not have nearly the resources available as the prosecution. My proposed amendment would go further than the 4th 6th Amendment and state that the accused would be guaranteed the same resources in his or her defense as the prosecution. For every tax dollar spent to prosecute a dollar would be made available for the defense (whether or not the accused uses a court appointed attorney). This amendment would also guarantee compensation for the wrongfully accused, hold prosecutors criminally and civilly responsible for withholding exculpatory evidence from the jury, and clearly state that a compelling claim of “actual innocence” (due to newly discovered evidence or technological breakthroughs) would be reason enough for a new trial for the previously convicted.

2. Term Limits Amendment: A single 6 year term for president, 2 terms for senators (keep the current 6 year term), 6 terms for representatives (keep the current 2 year term). These terms would be limited for consecutive terms only; if a president wants to make another run, s/he could do so after sitting out a term while senators and representatives would have to sit out a full 12 years (and make them deal with the consequences of their laws as private citizens for awhile) or run for a different office.

3. Accident of Birth Amendment: This would revise Article II, Section 1 removing the requirement that the president must be a natural born citizen and changing the requirement to match that of a U.S. senator. While this requirement might have made sense 223 years ago when the nation was getting started, we are now to a point to where we can do away with it. I don’t like the idea of disqualifying an individual for something s/he had absolutely no control over. Also, this would force the birthers to think about something else other than Obama’s birth certificate : )

Now it’s your turn.

Quote of the Day – Taken from “Government Brutality and Society’s Shadow”

This is an excerpt from a post from the blog Classical Liberal that was written in response to the post Doug wrote yesterday regarding the University of Maryland student police beating caught on tape.

As long as men and women in uniform (State-issued costumes) carry out these violent acts, we think it’s okay, because they’re “protecting us.” But the State gives a false sense of legitimacy to acts that if carried out under other circumstances, would be serial criminal activity.

The government doesn’t do this to us, however, because the truth of the matter, is that it’s merely a reflection of our collective shadow … when otherwise good men and women become agents of savage brutality … turning us all into sociopaths.

This is the price of identifying ourselves with the State.

Read the whole thing. It’s a sad commentary on just how far we as a people have allowed the state to carry out unjustified acts of violence in our name.

The Lean Years?

It seems that a town in Northern California, Tracy, is having some budget problems. So what do they suggest? Charge for 911* calls! And it has aroused the ire of Thomas Friedman:

A small news item from Tracy, Calif., caught my eye last week. Local station CBS 13 reported: “Tracy residents will now have to pay every time they call 911 for a medical emergency. But there are a couple of options. Residents can pay a $48 voluntary fee for the year, which allows them to call 911 as many times as necessary. Or there’s the option of not signing up for the annual fee. Instead they will be charged $300 if they make a call for help.”

Welcome to the lean years.

Indeed, to lead now is to trim, to fire or to downsize services, programs or personnel. We’ve gone from the age of government handouts to the age of citizen givebacks, from the age of companions fly free to the age of paying for each bag.

Did I hear that right? Do we have a return to the Clintonian pronouncement that “The era of big government is over”, where Thomas Friedman has just suggested that we’ve seen the end of the “age of government handouts”? I suppose we’ll see a quick retraction from $3.8T federal budgets down to less exospheric levels.

Wait, let’s step back a bit. I’ve heard nobody else suggest that we’re going to see major cuts in budgets. So what exactly is the issue here? Why would a local government cut funding for something that is so highly visible, so near and dear to city residents’ hearts, and such a vital service? Particularly when I’m sure that the revenue raised by this move will not be exactly world-changing (I’m hearing numbers of between $400K and $800K, when the city is facing a $9M shortfall).

I was struck by something I’ve read over and over at Coyote’s place:

The second thing that governments do is cut their MOST important, MOST valuable operations. In Seattle, it was always fire and ambulance services that would be cut. Because the whole game was to find the cuts that would most upset the public to try to avoid the necessity of having to make cuts at all. Its an incredibly disingenuous process. Any staffer of a private company that made cost savings prioritization decisions like government officials would be fired in about 2 minutes.

It becomes immediately clear that the city of Tracy isn’t doing this to raise revenue — they’re doing this to piss off residents. An easier way to cut the budget would be to scour the books for non-essential services, or bloated departments, or redundancies and inefficiencies in their system. I would find it hard to believe that there’s no padding in the city government. I’ve worked in the corporate world, and I know that during times of heavy growth and good days for the balance sheet, departments sometimes grow fat and happy. But something happens differently in the corporate world when the balance sheets start bleeding red — the departments shrink.

Tracy does not want to cut their budget, and they don’t want to make hard choices. If they really wanted to raise $400-800K, I’ll bet they could find all sorts of hidden fees, taxes, regulatory compliance nightmares, etc to put together that money. But they want to bluff the residents into the false choice of paying more in taxes or seeing vital services taken away. They want local residents to make the tough choices — or maybe just scream to Sacramento or Washington for relief — so they can remain fat and happy.

Thomas Friedman suggests the lean years are upon us. Somehow I have a feeling that my tax bill and our federal debt won’t reflect this.

* Note — the charges don’t apply to every 911 call, they are targeted at calls where medical response is necessary but provided by city personnel rather than an EMT. This does not change the fundamental analysis of the situation, but I want to be clear lest someone suggest I’m not providing a clear picture.

Also Blogging: Bruce at QandO. He went a different route with his response, so I had no need to quote him, but his take is valuable as well, so I suggest you head over and give it a read. And of course there’s Russ Roberts at Cafe Hayek, who is much closer to my line of argument.

30,000th Comment

This evening, we had our 30,000th comment here on the Liberty Papers.

On behalf of all of us who post here, I’d like to thank you, our audience, for your feedback, arguments, discussions, and explanations.

You, our readers, are why we write.

Thanks for reading.

I am an anarcho-capitalist living just west of Boston Massachussetts. I am married, have two children, and am trying to start my own computer consulting company.
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