• Home
  • FOR WHOM DID WE FORM A GOVERNMENT?

FOR WHOM DID WE FORM A GOVERNMENT?

William L. Kovacs

September 2019

FOR WHOM DID WE FORM A GOVERNMENT?

This question was first asked at the Constitutional Convention. While there is the occasional politician who asks it during a campaign, the question is mostly rhetorical.  Our politicians really do not want a response since it is clear that our government today is formed for politicians and political parties to control the resources of the nation. What’s worse, is that we are accepting of a government that now views itself as our principal; not our agent.

We have allowed our federal government to grow form one of limited powers to one of massive power that occupies almost every cavity of human existence. It is a government that cannot pass necessary appropriation bills, control its debt, or even determine when it is appropriate to declare war. We give our government $4 trillion a year to operate, but it is never enough. We now have $22 trillion of debt, which is about $64,000 of debt for every person in the nation, including infants born today. Each person’s share of the debt increases by $3,000 for every additional trillion dollars of debt. At what point will our debt put us into involuntary servitude to the federal government? Another rhetorical question since our government views taxes as an obligation of citizenship.

Since “We the People” bear the blame for allowing this reversal of roles to occur; it is our duty to fix the situation. We owe this to posterity. But how? Reading a newspaper, or listening to the media or politicians or surfing the web; there is only negative chatter, personal attacks, and many factual inaccuracies. There is rarely a discussion of how to address these issues and when?

In my opinion articles I promise never to complain about an issue without at least discussing ways to address it. In future articles I will talk about one issue at a time and offer solutions to address that issue. For this article however, let me offer a few general suggestions.

First, we don’t expect enough from our elected representatives. They may be politicians but we must mandate they be trustees. In James Madison’s “The Federalist 46” he argued that the federal and state governments are in fact trustees of the people; not some amorphous entity called a “government”. Since government only operates through people, it is our representatives that must be the trustees. Each trustee owes its duty of loyalty to the Constitution and to the branch of government in which they serve. Such loyalty cannot be divided, nor can the trustee put personal or political benefit before that of the beneficiary. By acting with loyalty to the institution in which they serve, each elected official will ensure there is a real separation of powers in our government. This protects us from tyranny, big government and preserves liberty.

Niagara Falls Action: Demand elected officials publicly pledge to serve as trustees of the Constitution, not handmaidens of a political party.  Breach of the pledge establishes a violation of their oath to support the Constitution.

Second, we must all remember that political parties are nothing more than associations of individuals organized to take control of government, our resources and liberty. Why should two associations of individuals, i.e. Republicans and Democrats, be able to manipulate the laws of the nation to allow them control of our government?

http://netgents.com/Wqir3A Action: Demand a public commitment from elected officials to speak out against political parties gaming the voting process and limiting who can represent citizens, by constantly filing lawsuits or initiating party-centric legislation to deny independent and smaller party candidates a place on the ballot.

Thirdly, Article I of our Constitution provides that “All legislative Powers herein granted shall be vested in a Congress…” Unfortunately, Congress over the last eighty-five years has delegated to the executive the power to fill in the blanks in the broad and vague laws it passed. This gives the executive the power to make, by regulation, many of the laws of the nation. Also, the lower courts, through the use of nationwide injunctions, make national policy through court order. Other than the Supreme Court, the lower courts are creatures of Congress. While Congress has not granted the lower courts specific power to issue nationwide injunctions, Congress has stood silently as the lower federal courts act as super-legislatures.

Piazza Armerina Action:  Congress must reclaim from the executive and the courts its full Article I power. It must clearly legislate the return of such powers. If the executive vetoes these enactments and Congress cannot override the veto, Congress has exclusive control over the appropriations process, which it must use to return the nation to one of separation of powers between the branches of government.

 Citizens have options for reclaiming our government from the politicians, we just need to start using them.

This article was originally published in the July 18,2019 edition of The Libertarian Republic.

  • Home
  • Reform the Kakistocracy: an essay

Reform the Kakistocracy: an essay

William L. Kovacs

July 2019

Kakistocracy, a term describing what our government has become: a government controlled by “leaders” who are the least able or least principled citizens.

Over the last five-plus decades the kakistocracy transformed our federal government from one of limited powers to one of immense power. Most troubling, the transformation occurred without any changes to the Constitution. This decades-long transformation dramatically limited the powers of Congress, produced an extraordinarily powerful executive, and allowed the courts to become super-legislatures. These changes directly impact how each branch of government is able to fulfill its most essential role as a check on the powers of the other branches.

How did this transformation occur? First and foremost, Congress, our primary law-maker delegated massive amounts of authority to the Executive, which very gladly accepted all the powers delegated. The Executive using the bureaucracy and regulatory authority, implemented the delegated authorities to accumulate immense power over most aspects of society.

The courts not satisfied deciding just real disputes between adversaries; accumulated more powers than given them by the Constitution or Congress through rulings that extended their authority from the parties before the court to broad-based policy decisions and nationwide injunctions. The National Environmental Policy Act, (“NEPA”) is an excellent illustration of how the courts create legal rights never authorized by Congress.  This six-page statute requiring federal agencies to consider the environmental implications of their decisions was judicially expanded to provide environmental groups the right to bring lawsuits against any agency to force proposed environmental impact statements to be more and more comprehensive, sometimes thousands of pages.  NEPA alone can stop any project in the nation.

Another example is the transformation of the Clean Air Act, a law designed to regulate specific, powerful pollutants harmful to human health, into a law that governs almost any industrial activity in the country.

The result of the transformation of our government is decades of policy failures, harmful wealth inequality, a health care system costing two times more than in other industrialized nations, more than a few undeclared wars and the imposition of such massive amounts of debt that citizens will eventually live in involuntary servitude to the federal government. The share of the debt owed by every citizen of this country is approximately $64,000, and for every trillion dollars of new debt accumulated by our government, each of us will owe another $3000.

Reforming the kakistocracy will not be an easy undertaking in a politically divided nation. Presently most members of the kakistocracy give their loyalty to the political party that put them in office. Unfortunately, by them giving more loyalty to a political party than to the Constitution and the branch of government in which these individuals serve, they have destroyed the ability of the respective branches to be both a constitutional check on each other and reasonable adversaries working to find solutions to the problems of the nation.

Our Constitution does not even mention political parties which are nothing more than associations of individuals, organized to take control of our government. However, our Constitution clearly states the responsibilities of the three branches of government and requires every officer of the United States to take an oath to the Constitution. Taking such oath means every official must act as a fiduciary to the Constitution and the branch of government in which they serve and not to the political party that supported them.

The most fundamental change now needed to control the kakistocracy is for members of Congress to abandon their abiding loyalty to the two major political parties and work as fiduciaries to the Constitution, and the institution of Congress, in addressing the issues facing the nation. This approach requires conforming the actions taken by Congress with the constitutional limits imposed on it. By acting as fiduciaries and not as political parties, Congress will function as an institution to do the peoples’ business rather than as a political club doing the bidding of the special interests.  This change opens up ways for Congress: to address the federal deficit; reduce the massive regulatory structure created to manage the administrative state; ensure there are no more wars unless declared by Congress and to devolve to the states many of the powers taken from them, by the federal government, over the last fifty years.

As citizens, we must always be mindful of two facts. First, we elect individuals to run our country, not political parties. Political parties are special interests, not fiduciaries. Why do we trust them to run our government? The alternative is for individuals to seek election on the promise to serve as fiduciaries and we could elect them.

Second, it is the natural tendency of government and those who benefit the most from it, to continuously grow it. The more government grows, the more resources are available to those in control for redistribution to the beneficiaries of their choice. The only way to control government is to streamline it, a process that will have many positive benefits. Less government means it will need less of our money to function. When the government has less money, lobbyists and politicians will have less interest in government since there will be less to take from it.

Citizens cannot expect the government to control itself. In a democracy, it is only citizens who can control their government by determining who runs it. The brilliant part of our Constitution is that it allows us to participate in a legal, political revolution on a regular basis.  This legal process, called voting, makes it possible for us to completely replace the “leadership” of our government in a four to six-year period.  Its time citizens elect citizens who commit to serving as fiduciaries to the Constitution and the institution in which they serve; not politicians whose loyalty is to a political party.

This article was originally published in Reality News, June 2019