AR-15s and the Second Amendment

March 16, 2018 Frank Kuchar

There is a clamor among some today that the so-called “assault rifle” known as the AR-15 should be outlawed from private ownership as it is a “military-style” weapon and is not protected under the second amendment. Is this argument constitutional?

To begin with, the AR-15 is a single-shot rifle and is not a “military-style” weapon simply because cosmetically it resembles our military’s M-16 or fully automatic AK-47. But, that’s not the issue, constitutionally speaking.

To answer this question requires an understanding as to why the second amendment was added. Today’s anti-AR-15 gun-grabbers have absolutely no knowledge of the history of the second amendment or of the reason for which it was added.

Although having the right to be armed for self-protection was a consideration by the founders, a greater reason was for the protection of liberty from the rise of tyranny within the central government. Consider the words of two of our greatest founding fathers – James Madison and Thomas Jefferson.

Madison, the author of the Bill of Rights, wrote that “[Tyranny cannot be safe] without a standing army,…and a disarmed populace.” Jefferson concurred in a letter to Madison: “The strongest reason for people to retain the right to keep and bear arms is, as a last resort, to protect themselves against tyranny in government.”

The reason then, for the second amendment, is primarily to serve as a deterrent against the rise of tyranny within the federal government. Clearly, an AR-15 is not on the same level as an M-16 as a deterrent, but it is a sure better one than a bolt-action hunting rifle. As for the retort that such a position as this would allow for citizens to own bazookas, 50 caliber machine guns, flame throwers, etc., it is simply a reductio ad absurdum in an attempt to avoid giving a sound argument against the reason intended by our founders, namely, that we, as free citizens, have sufficient means to deter our government from usurping our liberties.

“Those that fail to learn the lessons of history are doomed to repeat it” – so goes the old adage. Read the history of just the past century – Nazi Germany, Communist Russia under Lenin and Stalin, China under Mao zedung, the Khmer Rouge of Cambodia’s “killing fields”, and many other murderous tyrannies, and you will find they all had one thing in common: they disarmed the populace as quickly and completely as possible.

After the tragic shooting at the Sandy Hook Elementary School, leftist Governor Cuomo of New York proclaimed “No one hunts with an assault rifle; no one needs ten bullets to kill a deer.” He’s right – no one does; but we do if we wish to deter anyone or group bent on using force to take away our unalienable rights and their attending liberties.

As Ayn Rand opined, “A government is the most dangerous threat to man’s rights: it holds a legal monopoly on the use of physical force against legally disarmed victims.” This is right on the mark as such was precisely the thinking of the founders behind the amendment.

-March 16, 2018

A Tale of Two Constitutions

October 14, 2017 Frank Kuchar

(I realize I’ve missed a couple of weeks with these essays and I apologize; I’ve been distracted by pressing family matters. For those who have had to deal with the transitioning of care for a loved one with dementia, you can understand how consuming that can be, and I appreciate the reception you continue to give to my writings. Now for this week’s thoughts)

When I go into classrooms of junior high or elementary schools during “Constitution Week” and talk to the students about our Constitution, I explain to them that a constitution is simply the “rules of the game of government”, just like the rules of any board game they might play. A constitution dictates to all those involved in the governing of their fellow citizens how they are to govern and the limits to their powers.

That having been said, as I pointed out in my last essay (“Constitutional Relevancy?”), a constitution is only as relevant and worthwhile as those in power follow and adhere to it. It is safe to say that every government of man has “a constitution”, be it written or merely understood. Every government is understood by the citizens as to how it will operate, be it an absolute monarchy, a repressive dictatorship (whether of one or several), or a republic.

In light of that, I will present for you the elements of another nation’s constitution to illustrate my point.

ARTICLE 10. “The right of citizens to personal ownership of their incomes from work and of their savings, of their dwelling houses and subsidiary household economy, their household furniture and utensils and articles of personal use and convenience, as well as the right of inheritance of personal property of citizens, is protected by law.”

ARTICLE 118. “Citizens of { } have the right to work, that is, are guaranteed the right to employment and payment for their work in accordance with its quantity and quality.”

ARTICLE 119. “Citizens of { } have the right to rest and leisure.”

ARTICLE 120. “Citizens of { } have the right to maintenance in old age and also in case of sickness or loss of capacity to work.”

ARTICLE 121. “Citizens of { } have the right to education.”

ARTICLE 122. “Women in { } are accorded equal rights with men in all spheres of economic, state, cultural, social and political life.”

ARTICLE 123. “Equality of rights of citizens of { }, irrespective of their nationality or race, in all spheres of economic, state, cultural, social and political life, is an indefeasible law.”

ARTICLE 124. “In order to ensure to citizens freedom of conscience, the church in { } is separated from the state, and the school from the church. Freedom of religious worship and freedom of anti-religious propaganda is recognized for all citizens.”

ARTICLE 125. “In conformity with the interests of the working people, and in order to strengthen the socialist system, the citizens of { } are guaranteed by law:

freedom of speech;
freedom of the press;
freedom of assembly, including the holding of mass meetings;
freedom of street processions and demonstrations.”

Some of these “rights” listed sound very familiar to those of us to know and revere our Constitution, while some seem a little more like those espoused by the likes of the Socialist Senator Bernie Sanders. It should not be surprising that those that sound like Senator Sanders’ political platform are articles of the 1936 Constitution of the Soviet Union (I purposefully deleted “the USSR” in these quotes where you see the brackets) since Senator Sanders chose to honeymoon with his bride in the USSR back in 1988!

Based on history we can see just how well this constitution worked out. Stalin’s constitution (as it was also known) is regarded by many as nothing but a propagation constitution, for most of its articles expound how power was to be concentrated solely in the hands of the communist party. Despite the platitudes of guarantees to the basic freedoms we take for granted, they were never recognized by Stalin and his successors.

Those on the left today would very much like to rewrite our constitution to more closely follow those of the Stalinist Constitution rather than the tried and true guarantee of individual freedom in our 230-year-old US Constitution. Clearly, as I’ve argued before, a constitution is nothing but a piece of paper inscribed with ink. Unless a country has leaders of integrity who are faithful to their oath to uphold the tenets of their constitution in guaranteeing the freedom and liberties of the people, that constitution is just a piece of paper – nothing more, nothing less.

In subsequent essays I plan to take a look at what makes our Constitution so special and why it was written the way it was compared to other constitutions such as the one I’ve contrasted in this essay.

-October 14, 2017

Constitutional Relevancy?

September 23, 2017 Frank Kuchar

This past Sunday, September 17, was the 230^th anniversary of the conclusion of the Philadelphia convention of 1787. Upon the conclusion of the convention, as he was leaving “Independence Hall”, the aged Benjamin Franklin was asked, “Well Doctor Franklin, what have you got for us?”, to which he replied, “A republic madam, if you can keep it.” Actually, what he and the other delegates to the convention had given to their fellow Americans and us, their descendants, was a constitutional republic.

Yet, this week, we must ask, “After 230 years, are we still a constitutional republic? Is the Constitution still relevant in our day and time?” To these two questions I would answer with a resounding “No”! Consider the following (with apologies to Jeff Foxworthy):

If the party in power can use secret courts to get an order to wiretap and spy on their opponents with no repercussions, you might not live in a constitutional republic.

If government agencies can plant applications on the computers of reporters who are reporting on governmental malfeasance and tap their phone conversations (e.g., James Rosen and Sharyl Attkinsson), thus violating both the first and fourth amendments, you might not live in a constitutional republic.

If the government records the conversations and all electronic communications of every citizen in massive meta-data fusion centers, again violating the fourth amendment, you might not live in a constitutional republic.

If elected officials constantly create unconstitutional agencies and empower them to act as legislator, executor and judge over your property, business and personal affairs, you might not live in a constitutional republic.

If elected officials listen more to those who fill their campaign coffers instead of their constituents, you might not live in a constitutional republic.

If certain officials in high positions of power use their position to influence policies and negotiations with foreign powers to grossly enhance their financial well-being at the expense of the liberties and security of the rest of the country (e.g., Hilary Clinton), with no fear of prosecution, you might not live in a constitutional republic.

If elected officials and even members of the Supreme Court have no inkling as to the tenets of the Constitution, even mocking it (e.g., Nancy Pelosi’s response regarding the unconstitutionality of “Obamacare”), you might not live in a constitutional Republic.

If the government routinely eschews the limitations imposed upon its authority by Article I, Section 8 of the Constitution, you might not live in a constitutional republic.

I could go on and on with these, but I think it’s a sufficient number that you get the picture. Our elected (and unelected) government officials pay lip service to the Constitution they take an oath to uphold and defend, but they seldom live up to that oath. So, is our Constitution relevant today as to the operation of our national government? I think, sadly, the answer is rather obvious.

-September 22, 2017

The First Amendment and Social Media

September 17, 2017 Frank Kuchar

Lately there has been much criticism levied at social media sites such as Facebook, Twitter, etc., and companies who have censored certain postings or statements made by individuals (or employees in the case of employers). I have heard many conservatives claim that these sites and employers are violating the first amendment’s guarantee of freedom of speech and think that the government should step in and do something about it because those being censored are political conservatives. Such criticisms and allegations regarding violations of the first amendment are completely off base.

Do I like that conservatives are censored in this manner? Absolutely not. Do I think such censorship is a violation of the first amendment? Again, absolutely not. The first amendment states “Congress shall make no law…abridging the freedom of speech, or of the press.” This guarantee is unambiguous – it is a prohibition against Congress from censoring speech and the press, not private companies such as social media sites and employers.

Conservatives who make this charge need to pause and reflect upon what they are asserting. They are in effect appealing to the government to force a private company and/or employer to allow individuals who use the companies’ services or who are employed by them to permit their preferred form of expression. Constitutionalists should understand that the government has no authority under the Constitution to do any such thing.

It is hypocritical for conservatives to make this complaint and appeal to the government while at the same time arguing that the government has no authority to tell bakeries they must provide a cake for a gay wedding or that the government has the authority to tell a company or individual what they can or cannot do with their private property, and so forth. You cannot argue on the one hand for the government to interfere with a private entity’s business operations when it goes against your preferences while at the same time telling it that it has no authority when it interferes in matters that go against your principles. That old adage of “What’s sauce for the goose is sauce for the gander” comes to mind, does it not?

Again, please do not think I applaud the censorship of these firms; I do not. I find them to be hypocritical as well and cowardly as they cannot handle honest dialogue and debate. However, as one who believes in trying to consistently adhere to our constitutional principles of limited government and individual right to self-determination, appealing to the government in this case is a slippery slope we as conservatives and constitutionalists do not want to go down. The solution is to turn to other venues of service, if possible, and if not, to not use them. Difficult to do and most likely not a successful alternative, but if you cherish the thought of limited government as well as non-governmental interference in your private affairs, this is the position you must regrettably take.

-September 15, 2017

US Representative’s Job Description

August 11, 2017 Frank Kuchar

Being a manager in Human Resources over the years, I’ve had many occasions to create job descriptions. I was prompted to think about this the other day when I heard Representative Maxine Waters proclaim that her only reason in running for re-election in 2018 was to continue to pursue the impeachment of President Trump. So, with my professional background, allow me, Representative Waters, to tell you what you and your colleagues’ job description is per the Constitution.

Most would probably say that the job of our representatives in Congress is to pass laws. After all, the Constitution plainly states that they comprise half of the national legislature, and legislating involves writing laws. True, that is the meaning of the term “legislate”, and that is the part of the government to which the Constitution assigns them; but I’d rather they spend time unwriting laws, abolishing regulations and de-authorizing the myriad of departments and agencies they’ve created over the years that have no foundation within the Constitution! The preacher in the Biblical book of Ecclesiastes concluded by stating a truth “amened” by every student, namely that “Of making many books there is no end, and much study wearies the body.” If he were to write that today in view of our Congress he could well have said “Of making laws there is no end, and much regulation wearies the citizenry.”

Though some laws are necessary to the preservation of a civil society and the liberties of its citizens, I would submit that such is not the primary duty in a congressional representative’s job description. Instead I would point to the last phrase in the first amendment to the Constitution: “…to petition the Government for a redress of grievances.”

Why would the founders have felt the need to add this to the Constitution? We need look no further than to our Declaration of Independence, for that is exactly the purpose for which it was written and submitted to the British Crown, but to no avail. The founders had languished under the tyranny of a ruler who brushed aside their petitions for redress, so they wanted to make certain that in the new government they were crafting there would be a mechanism to preserve that ability and right of the people. So just what is that conduit that is available to us whenever we feel the government has overstepped its authority and is threatening our liberties to seek redress if it is not through our representatives? Is that not the very meaning of the term “represent”? Just who are they representing? Us, their constituents. To whom are they representing us? Is it not the national government?

No, no Maxine, your purpose in running for the office of Representative is not to “Impeach 45” (unless he has committed offenses that threaten our liberties, which he has not), but to be the mouthpiece for your fellow citizens when they feel they have been harmed by the government. Lord knows you have a mouth – you just need to use it for the purpose for which your office intends.

-August 11, 2017

Revisiting the Third Amendment

July 20, 2017 Frank Kuchar

“No soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.”

Today, most individuals would consider this a “dead’ amendment, worthless, and in need of expunging from its place within the Bill of Rights. Many probably (out of ignorance of the time in which it was written) find it rather amusing that such a “trifling” matter was inserted into the Constitution. Let us then re-examine this amendment and see just how relevant it still is today.

Granted, we have no fear of soldiers being quartered in our houses, especially against our will, but that was not the case in colonial America. British rulers could and did order Americans (British subjects at the time) to house the King’s soldiers and provide them with meals, even if it meant they were turned out of their beds and went without food! Note that this was not an occupying foreign power forcing this upon the populace (such as the Germans forcing similar lodgings upon say French citizens in WWII), but rather a people’s own government perpetrating this action. So colossal was this imposition that the framers were determined to make certain that their new government would have severe limitations placed upon it in this regard.

Fine, you may say, but what does this have to do with us today? To begin with, the actual prohibition, whether we feel it so remote as to be impossible, is still in place. Yet if you “pull back the curtain” and look at the underlying principle, you can see just how important it is. In a number of essays, I have referred back to the principle of individual liberty, as enunciated by the 16^th century political philosopher John Locke, that it is founded upon the security of individual property rights. Locke states that whatever we gain by the work of our hands belongs to no one else but us, and no one – including government – has the right to remove it from our hands without our consent. By forcing Americans to house these soldiers the British government was in effect plundering the private property of its own subjects – something Locke stated it had no moral authority to do.

Fast forward to today and consider my comments in the closing paragraph of my essay from last week (Income Taxes and Bridal Dresses). The EPA tells us what we can/cannot do with our property. Fail to pay your property taxes and see just how long you remain in your house before the government seizes it and evicts you. Fail to pay your income taxes – or at least what the IRS claims you owe – and you may be raided and your assets seized and sold out from under you at pennies on the dollar. Try to open up a business without first gaining a business permit from the government, or practice a profession you spent years acquiring the necessary knowledge needed, such as in medicine. All of these things our founders would be aghast at were they to come back to view their creation today.

Many know about the fourth amendment’s protection of our personal matters, but it is the third amendment which sets up this more expansive amendment following it, which constraints are also routinely shredded by our government.

Today, those less knowledgeable about the differences between rights and privileges go about chanting they have a “right” to this that or the other and yet miss the boat on the principle of what should be the shield for preserving our natural, inalienable rights. It is past time we revisit and elevate the third amendment to its rightful place of respect among the other nine amendments in our Bill of Rights and insist that Washington respect the limits it and the others place upon their power.

-July 21, 2017

Income Taxes and Bridal Dresses

July 14, 2017 Frank Kuchar

It has just now come to light that a few months ago, in Garland, Texas, 20 armed IRS agents swooped down upon a mom-and-pop bridal store owned by two elderly immigrants from Thailand and seized their entire inventory and equipment for alleged unpaid back income taxes. The designer dresses, valued at around $615,000 were sold for pennies on the dollar along with other assets such as sewing machines, a flat screen television, game console as well as the hat of Vietnam Veteran customer who had left it there to have some patches sewn on. The total net take for the IRS: around $17,000! As a result, this elderly couple is left destitute and out of business after 34 years of operation.

The authority upon which the IRS relied in this robbery is 26 CFR (Code of Federal Regulations) 301.6335-1, “Sale of Seized Property.” Note that this is not a law passed by the national legislature (Congress), but rather is part of the 80,000+ pages of “laws” promulgated by an unelected bureaucracy (IRS) which has both written “laws” (i.e., regulations) – a legislative act, interpreted how to apply these “laws” – a judicial act, and enforced these “laws” – an executive act. Clearly no separation of powers as designed by our founders in the Constitution.

Citizens of the United States are guaranteed the right to protection against such acts by our government: “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized” (4^th Amendment, US Constitution).

According to news reports, the IRS did obtain court authorization upon their presentation of an affidavit, but the broader question is “Was this ‘reasonable’?” If you read the complete set of guidelines of the CFR I referenced above, it appears the IRS violated its own protocols. Not only this, but in seizing some of the non-clothing items they seized items outside the court’s authorization, especially the hat that belonged to someone not involved in the tax dispute. If you or I do that, it’s called “theft of personal property” and we go to jail!

What is more outrageous is the speed with which this was carried out. According to the CFR there is supposed to be at least a ten-day period between serving notice of the pending sale and the commencement of the sale; but if the IRS believes that the items to be seized are “in jeopardy” of losing their value, the items can be sold immediately without any further due process. Designer bridal dresses “in jeopardy” of losing their value?? Seriously – weddings are going to cease and the dresses be of no worth unless disposed of immediately?

Clearly this action by the IRS costs us taxpayers much more than what they recovered by the sale of these assets. Furthermore, the tax returns for the years in question indicate that the couple had a carryover of a net operating loss, and thus no taxes would have been owed. Also, a memo written by an IRS supervisor obtained via the Freedom of Information Act issued a directive to agents to “shut down this failing business.” If freedom is to be preserved, this insidious income tax and the agency it gave birth to must go.

We are no longer free my fellow Americans. Unelected bureaucrats in these unconstitutional agencies (admittedly the IRS was created to enforce the 13^th amendment) tell us what we can do with our property (EPA), what products we can produce (Dept. of Commerce), how much people must be paid by employers (DOL), how we are to obtain health care and related insurances (HHS), and how much disposable money from our earnings we’re allowed to keep (IRS). The government, via these bureaucracies, control our property, our businesses, our health and our incomes, and our representatives in Congress do nothing to stop them. You tell me – if the government controls these critical aspects of our lives (and there’s more), then how is it we can consider ourselves to be “free”?

-July 14, 2017

Three “Fixes” to Restoring Freedom and Federalism – Part 3

April 8, 2017 Frank Kuchar

We’re all familiar with the adage that “The road to hell is paved with good intentions.” This adage is one that applies to the third “fix” I wish to address, namely the 14^th amendment. The 13^th, 14^th, and 15^th amendments compose the trio of “reconstruction amendments” that were necessary to ensure that the newly freed slaves in the South were acknowledged to be citizens and entitled to the full rights of white citizens (although there had been a huge number of non-black slaves in the South as well, and these amendments would also have applied to them).

The need for the amendments arose when President Andrew Johnson vetoed as being an unconstitutional overreach of federal power, the Civil Rights Act of 1866 that acknowledged these rights as being afforded to the slaves. The former slaves were not being accorded their due rights as citizens and it was determined that it was best to amend the Constitution as that would nullify the president’s veto argument and could not be overturned by a future Congress as easily as a piece of legislation could be. This logic is sound.

However, as well intentioned as this action was, because it was not more clearly defined, the courts over the years have been able to expand upon it and make applications that have led to a major issue with our illegal immigration problem. It was never intended by the authors to grant citizenship to anyone simply because they were born on US soil – that language was inserted to make it clear that the former slaves who had been born on US soil were now to be considered as citizens; futuristic application to those who had not been slaves was never intended. Such is an application of constitutional originalism.

Congress attempted to exercise its power vested in Section 5 of the amendment when Harry Reid of Nevada introduced the Immigration Stabilization Act of 1993 in an effort to correct the misinterpretation of Section 1 of this amendment:

“TITLE X—CITIZENSHIP 4 SEC. 1001. BASIS OF CITIZENSHIP CLARIFIED: “The Congress has determined and hereby declares that any person born after the date of enactment of this title to a mother who is neither a citizen of the United States nor admitted to the United States as a lawful permanent resident, and which person is a national or citizen of another country of which either of his or her natural parents is a national or citizen, or is entitled upon application to become a national or citizen of such country, shall be considered as born subject to the jurisdiction of that foreign country and not subject to the jurisdiction of the United States within the meaning of section 1 of such Article and shall therefore not be a citizen of the United States or of any State solely by reason of physical presence within the United States at the moment of birth.”

A second issue with this amendment is the abuse that has been made over the decades of the so-called “Due Process” clause. It was unfortunate that this was inserted as the Constitution in the 5^th amendment already guaranteed this right. Because it was joined in this 14^th amendment with the use of the word “person” in conjunction with this clause, it has been interpreted by the courts to mean that all those on US soil are entitled to the rights of citizens in this regard. Again, that is taking this amendment out of its historical context, and as we see has contributed to several of our ills today related to immigration and the attending failure to assimilate into our culture.

So was this amendment necessary? Yes, unfortunately it was. Yet the amendment clearly illustrates the law of unintended consequences and needs to be rectified, not by statute or court rulings as these can be overturned by future legislation and court rulings, but amended to clarify the meanings that it was originally intended to set in place.

-April 7, 2017

Three “Fixes” to Restoring Freedom and Federalism – Part 2

March 31, 2017March 31, 2017 Frank Kuchar

“Daddy/Mommy – Why do we have a Senate in the Congress?” If/when your child asks you this question, you will know that you have a very perceptive and intuitive child on your hands, for this is a question that gets to the heart of how we have lost an important bulwark against the intrusion of our national government into our lives.

In The Federalist Number 28, Alexander Hamilton asserted that the States were to be guardians against the national government encroaching upon the rights of the individual citizens:

“It may be safely be received as an axiom in our political system that the State governments will, in all possible contingencies, afford complete security against invasions of the public liberty by the national authority. Projects of usurpation cannot be masked under pretenses so likely to escape the penetration of select bodies of men, as of the people at large. The legislatures will have better means of information. They can discover the danger at a distance; and possessing all the organs of civil power, and the confidence of the people, they can at once adopt a regular plan of opposition, in which they can combine all the resources of the community. They can readily communicate with each other in the different States, and unite their common forces for the protection of their common liberty” (emphasis mine).

Yet how were the states to accomplish this? Originally, according Article I, Section 3, Clause 1 of the Constitution, the state legislatures were to choose the two individuals who were to represent the interests of the states in the national legislature. This concept was a fusion of the concepts of federalism and republicanism. Just as the House was to be composed of individuals chosen by the people to represent their interests as individual citizens, the Senators were to be representatives of the states to safe guard the sovereignty and retained powers of the states.

However, the same progressives (Democrats led by Woodrow Wilson and Northeastern Republicans led by Teddy Roosevelt) who brought us the income tax via the 16^th amendment (see part 1 of this series – Three Fixes to Restoring Freedom and Federalism – Part 1 ) also brought us the 17^th amendment which changed the selection of Senators from the state legislatures to the direct election by the people as we see today. In doing this, it destroyed the power of the states over the Senators and left them free to the influence of others outside of their respective states.

This also dealt a severe blow to state legislatures in that many people are not as knowledgeable of or interested in their state representatives and senators. If these were the men and women who selected the national Senators, then there would be a greater interest in and attention paid to those we elect to our state legislatures.

Consider how different the outcome would have been when the Socialist Democrats under the direction of President Obama and Nancy Pelosi foisted the so-called Affordable Care Act (aka “Obamacare”) upon us. Over 30 of the states sued to thwart this monstrosity of a law and lost. If the Senators had been answerable to the State governments, then those states could have put pressure on those they had appointed to the Senate to vote against the bill and the ACA would never have seen the light of day.

A repeal of the 17^th amendment would return us to this bicameral form of legislation in which the interests of individuals and states would both be represented in a balanced form. As it is now, we have two “houses of representatives”, which makes the Senate duplicative and thereby unnecessary. It is true that there could be corruption within the state legislators in appointing senators as there was prior to the passage of the 17^th amendment, but now we know the dangers of the direct election of senators and will hopefully be more vigilant in who we elect to our state legislatures.

Next week, how an unnecessary amendment and its misapplication has wrought havoc on our immigration problem and devalued American citizenship.

-March 31, 2017

Three “Fixes” to Restoring Freedom and Federalism – Part 1

March 27, 2017 Frank Kuchar

In my last two essays (Badges? We Don’t Need No Stinkin’ Badges!” and The Real Problem with President Trump’s Tax Return) I touched on the subject of how the general government in Washington, DC is encroaching upon our freedom and chipping away at our liberties. The underlying problem that is precipitating this encroachment is a government that has expanded outside it’s intended, constitutionally-limited role. Because of this there has arisen a movement to amend our Constitution via a co-called “Convention of States.”

Such a convention has been grossly misrepresented by those who are promoting it, but to address those misrepresentations would take numerous, lengthy essays and it is not the point of this series of essays. What I wish to point out in this essay and the two to follow are three amendment changes that should be made a priority that would help to restore our freedom that is being destroyed and returning us to a true federal, republican form of government.

The first of these would be a repeal of the 16^th amendment. This amendment was pushed through by the progressives in both political parties (Woodrow Wilson and the Democrats along with Teddy Roosevelt and the northeastern Republicans) in the turn of the last century. As I’ve pointed out previously, this amendment granted the power to the government to tax every form of our earnings at any level they deem appropriate (during the 1950s’ the marginal tax rate exceeded 90%!). Such is a direct assault upon the concept of individual liberty as personal property rights, which includes our incomes, is the foundation of that liberty. If those wishing to amend our Constitution were serious about it, this would be their number one concern.

Not only does this amendment give the government plenary power over our earnings, our tax forms that are required for reporting our income to the taxing authorities capture even more information about us that the government has no business having any knowledge of. We are required to tell them how many dependents we have, what type, if any, retirement plans we have and if we received any benefits from them, how much we spent on health costs (which gives a window into our health status), what type of business we own (if we are self-employed), how much we donate to charities, what our occupation is, and on and on and on. I challenge anyone to give me the article, section and clause in our Constitution that grants the government the right to have any of this information, for such authority is non-existent.

Yes, our Constitution is not perfect – Ben Franklin said as much on the last day of the 1787 convention in Philadelphia when the newly minted Constitution was signed by the delegates. However, the Constitution has since been “toyed” with by individuals who did not rise to the level of foresight and wisdom of those who first framed it, and the 16^th amendment is a prime example that needs to be repealed.

Next week – the 17^th amendment.

-March 24, 2017