The Nail in the EPA’s Coffin

November 27, 2015 Frank Kuchar

Today, the EPA is invading the states and infringing upon the liberties of individual citizens by destroying their private property rights. Our founders would be aghast at such actions by an arm of what is supposed to be our “federal” government.

The Constitution and the federal government were established not by “We the People” of one unified body, but rather by “We the People” of the several states, and as such the “federal” government is to be subject to the sovereignty of the people of those several states (space does not permit an exegesis of the 9th and 10th amendments to show that the usage of the terms “states” and “people” refer to one and the same group, just in different capacities).

The people of the several states agreed between themselves to grant certain and limited powers to the federal government, as was affirmed by James Madison in Federalist #45:

“The powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite.”

Clearly, the people of the several states acting in their sovereign capacity never conferred upon the “federal” government the authority to regulate their private property, especially as exemplified in the tyranny of the EPA. However, the nail in the EPA’s coffin can be found in statements contained within the state constitutions of these original thirteen states. They clearly demonstrate the intent of their citizens as to the exclusivity of their rights when it comes to matters within their respective states. Herewith are just a few examples:

New Hampshire: “The people of this state have the sole and exclusive right of governing themselves as a free, sovereign, and independent state; and do, and forever hereafter shall, exercise and enjoy every power, jurisdiction, and right, pertaining thereto, which is not, or may not hereafter be, by them expressly delegated to the United States of America in congress assembled.”

Massachusetts: “The people of this commonwealth have the sole and exclusive right of governing themselves, as a free, sovereign, and independent state; and do, and forever hereafter shall, exercise and enjoy every power, jurisdiction, and right, which is not, or may not hereafter, be by them expressly delegated to the United States of America in Congress assembled.”

Maryland: “That the People of this State have the sole and exclusive right of regulating the internal government and police thereof, as a free, sovereign and independent State.”

North Carolina: “The people of this State have the inherent, sole, and exclusive right of regulating the internal government and police thereof,”

One has to ask the “federal” government and its agencies such as the EPA, what parts of ” The people of this state have the sole and exclusive right of governing themselves as a free, sovereign, and independent state,” or ” The people of this State have the inherent, sole, and exclusive right of regulating the internal government and police thereof” do they not understand?

Article IV, Section 4 of the US Constitution guarantees to each state a republican form of government. It is clear from the examples of the state constitutions quoted above as well as Madison’s assertion in the Federalist Papers that the actions of the EPA violate this guarantee and these state constitutions. It destroys the representative form of the states’ governments and seeks to nullify these affirmations contained within their respective constitutions. It is therefore past time that governors and state legislators stand up and reassert their state and federally guaranteed constitutional powers and put the nail in the EPA’s (and its sibling agencies such as the Bureau of Land Management and Department of Agriculture) coffin once and for all.

-November 27, 2015

Right Cross to EPA’s Chin

November 6, 2015 Frank Kuchar

You may have heard that the Sixth Circuit Court of Appeals recently issued a stay on the implementation of the EPA’s new regulations that, if permitted, would give this fascist agency control over virtually every spot of water in the United States – private ponds, wells, low spots on property that turn into wet areas after a heavy rain, etc. There are some encouraging outcomes from this battle, but some disappointing ones as well.

First, the good thing is common sense finally prevailed and the overreach of this bureaucracy was held at bay (for the moment). The appeals court upheld a previous injunction issued by North Dakota Federal District Judge Ralph Erickson. In his ruling Judge Erickson stated that if the EPA was allowed to have its way, “the states will lose their sovereignty over intrastate waters” and that “Immediately upon the rule taking effect, the rule will irreparably diminish the states’ power over their waters.” This power grab by the Obama Administration, he declared, was “exceptionally expansive.”

Second, there are currently ten lawsuits being waged by twenty-nine different states against the EPA over these new rules. We are beginning to see the states finally rise up and fulfill the role the founders envisioned, namely that the states would be the front line defense against federal government intrusion upon the freedom, liberties and property of their citizens. Alexander Hamilton said as much in Federalist 28:

“It may 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.”

Third, the judiciary finally acted in its role as a check on the powers of the executive branch.

However, there are some failures indicated in this ruling as well.

First, even though the appeals panel did rule correctly, it was a two-one split decision. It should have been a three-zero ruling. So instead, we have one judge who clearly does not understand or care that the EPA is a rogue agency whose regulations and very existence are outside the boundary of the limited, enumerated powers of the government as spelled out in the Constitution.

Second, this was not a reversal of the regulations, but merely a temporary “stay” on their taking effect when they should have been completely stricken down.

Finally, the suits brought by the states are dealing with the symptoms of the problem rather than attacking it at its root, namely the existence and authority of the EPA. That is the crux of the problem and where Congress needs to step in and defund then repeal that part of the Clean Air Act that gave the stamp of approval on Richard NIxon’s executive order that created this Gestapo agency.

-November 6, 2015

Setting Our Fiscal House in Order

October 23, 2015 Frank Kuchar

Our debt is soaring, our unfunded liabilities are beyond comprehension, deficit spending continues unabated, and Congress refuses to make the tough decisions to solve any of these problems. Instead, they persist in perpetuating them via one “continuing resolution” after another instead of a responsible, balanced budget. However, as I pointed out seven weeks ago, just balancing the budget is not going to solve our problem – it will help and is a good first step, but there is no single, one-step solution, as I’ve spelled out over the past six weeks. So here is a recap of the several pieces I’ve put forth that must be employed simultaneously to bring us back from the brink of fiscal and economic collapse.

Freeze our spending at current levels. Prioritize items and increase spending in areas desperately needed and constitutionally required while cutting back on those not constitutionally permitted. This would include immediate elimination of all government subsidies to businesses and organizations not constitutionally eligible for government funds.

Eliminate all duplicative programs/agencies. Begin a five-year step down elimination of the funding to all unconstitutional agencies/bureaus at which time they will be eliminated completely. Return control of non-nationally related duties to the states as was intended by our founders.

Repeal the Administrative Procedure Act of 1946 and force Congress to assume all legislative responsibilities and the courts as the sole avenue for adjudication of disputes.

Return to the welfare reforms put in place in the 1990s’ (and expand those reforms). By removing government’s heavy hand from our economy as stipulated in points two and three, we will experience economic growth that will provide employment opportunities to those currently on welfare – give people a hand up via a free economy, not a hand out from government dependency.

Place a freeze on legal immigration and clamp down hard on illegal immigration, including the deportation of all those who are here illegally. Those here via both means constitute competition in the job market for Americans and place a huge drain on our overly generous welfare system (see point number four).

Repeal the 16th amendment that authorized the income tax, thereby eliminating all income-related and payroll-related taxes and convert to a consumption-based system of revenue as outlined in H.R. 25, “The Fair Tax Act.”

As I’ve tried to outline, albeit briefly, each of these areas must be done in concert with each other. Some may be accelerated and fast-tracked so that they are accomplished sooner than others, but they all should and must be completed within a five-year time period for one simple reason – we’re out of time and the edge of the fiscal cliff is upon us.

-October 23, 2015

What to Do – Part VI

October 16, 2015October 16, 2015 Frank Kuchar

During this election cycle we are hearing candidates spout different plans for reforming our tax code/system. Since revenue is the other side of the coin (spending being the other) that most directly impacts our deficit and increasing debt, it is an major piece of the puzzle that requires addressing. The issue raised by leftists is we need more “revenue” (i.e., taxes), but history has shown that rarely, if ever, does an increase in “revenue” result in a decrease in deficit spending, but rather spurs on even more spending on more unconstitutional programs and agencies.

Could the country use more revenue? Yes, if that additional amount is used solely to pay down our debt. To this end I would submit that once our tax system is replaced, not “reformed”, that excess revenues be required by law be applied to debt reduction. So what tax system would be best?

This cannot be fully answered in a short essay, as I’ve written in years past many pages on analyzing the various options being bandied about. I would submit that the best choice is to replace all income-related taxes with a consumption tax. There has been a bill in the House of Representatives (and a companion one in the Senate) since the early 1990s’ that leadership will not allow to come to the floor for a debate and vote that would do away with these taxes, the IRS, and call for a repeal of the 16th amendment. This bill is most commonly known as “The Fair Tax Act”.

I cannot get into the details of how this system would work, but I will list the main points:

Studies have shown that it would be cost neutral in terms of product and service prices once the transition to it has been fully accomplished as everything we purchase has built into them a 23% cost directly tied to income-related taxes. When those taxes are eliminated, market forces will cause the prices for everything to fall by at least that amount.
It gives everyone an immediate 7.65% pay increase as Social Security and Medicare taxes are no longer deducted from workers’ pay checks (a special benefit to lower wage earners).
It will actually increase revenue in that those who currently pay no taxes on income due to the so-called “underground economy” and illegal activities would now pay taxes when they make purchases.
The wealthy will pay more in taxes as they buy more high-priced items, and we all know that the higher the cost, the greater the sales tax.
We each will control the amount of tax we pay by managing our purchases instead of the government extracting what it determines we should pay and when it must be paid from our earnings.

In 1997 a Congressional Joint Committee on Taxation issued a report compiled by a number of leading economists who had conducted a modeling analysis of our current income tax system with some modifications that were being proposed at the time along with models of changing the system completely to a consumption tax. On page 19 of their report it states

“From the medium to long-run perspective, the consumption tax produced a stronger positive growth effect than the unified income tax….” Then on page 34 it goes on to state that “…tax restructuring in the form of a consumption tax will ultimately produce higher economic growth….”

The benefits that aided in producing these results were spelled out to be the following:

“…reducing the cost of capital through less taxation of capital provides an incentive for additional investment; reducing the marginal tax rate on labor provides an incentive for increased labor effort; increasing the returns to labor through capital deepening can provide an incentive for more labor; and,…reducing distortions in investment decisions by eliminating differential taxation of different types of capital promotes a more efficient allocation of resources.”

In short, moving to the Fair Tax, according to this report, would be the stabilizing boost our economy so desperately needs:

“The broad consensus of all the modeling approaches, that moving from the present-law income tax base to a uniform consumption tax base will result in a long-run increase in GDP, capital investment, and labor effort,”

In closing, I will answer the matter I mentioned in Part V of this series, namely what to do with the employees of the IRS when that agency is reduced. In order to increase enforcement of our immigration laws and auditing of businesses to ensure their compliance in not hiring illegal aliens, many of these individuals could be moved over to the Immigration and Naturalization agency, thus solving a manpower requirement there without having to increase the number of government employees.

-October 16, 2015

What to Do – Part V

October 9, 2015 Frank Kuchar

A debate can easily be had over what is the greatest threat to the US today. Credible arguments can be made for international threats from ISIS, Russia, China and Korea. However dangerous as those threats are thanks to the deliberate evisceration of our military and global strategy by this president, the more immediate threat comes from within, again thanks to Obama and his minions in Congress as this threat is not only a danger to us in the form of terrorism, but even more so in financial terms. So, as we are looking at solutions to corralling the government’s runaway spending we must while implementing the previous four parts I’ve suggested turn our attention to the threat of immigration, both legal and illegal.

It cannot be denied that illegal immigration places a heavy burden upon our financial stability as these individuals cost schools, cities, counties, and states, in additional to the federal government, much more than they can ever hope to contribute. In addition they take jobs that could/should go to Americans (despite the false argument that they only do jobs that Americans won’t do), thus compounding more financial worries upon those unemployed and straining government budgets at every level.

Legal immigration also poses a problem in that those we allow in many times are either highly educated and thus complete for jobs against native Americans with similar education and training (think H1B visas) or they are from the lower economic rungs and offer little to our economy.

So, in approaching the issue of immigration both legal and illegal must be addressed. Several argue that we should put a moratorium on all legal immigration, and that would be a needed first step in that arena. We should not be letting immigrants into the country unless we at first are certain they are needed. 2015 America is not the same as 1900 America (or earlier).

As for illegal immigrants, there are several things that must be done, all of which have been put forth by various other individuals (for the best information on the threat of illegal immigration I highly recommend the documentary series produced by Dennis Michael Lynch: They Come to America – I, II, III).

First, the economic magnet that draws them here must be dismantled. As Milton Friedman stated, you cannot have a welfare state and open borders as those pouring across into the country for all the “free stuff” will overwhelm and sink the system. This means no more public education, no in-state tuition at universities and colleges, no free medical care at hospital emergency rooms, no food stamps, no housing assistance, etc. It also means heavy penalties for businesses and individuals who hire illegals. The enforcement of our immigration laws will not require an expansion of our government, and I’ll outline how in the next installment of this series.

Finally, those caught here must be deported back to their country of origin and the cost of such action be imposed via a corresponding reduction of foreign aid to the governments of those countries or the imposition of a tariff fee on imports from them (limited strictly to the cost of deportation). This is the only way to incentivize those governments to focus on improving their own lot instead of sending their problems of impoverishment to our shores.

As you can see, the solution to our looming fiscal crisis is not just limited to “reduce spending” or elimination of duplication in the government or even unconstitutional spending. All of these suggestions I have put forth are part of a fabric that most be woven and implemented together if any are to succeed. The next piece of the puzzle is the other side of the fiscal coin, namely, revenue and how it is collected.

-October 9, 2015

What to Do – Part IV

October 9, 2015 Frank Kuchar

Well, the fiscal year ended Wednesday and again our elected officials, both in the administration and in Congress failed to fulfill their fiscal duty to create and pass a budget for this new fiscal year we have just entered. Instead they passed yet another “continuing resolution” to spend, spend, and spend with no regard to the constitutionality of what our money is being spent on or the increase in the debt burden they have placed upon us and future generations.

While Congress should be putting the brakes on spending, prioritizing and eliminating unconstitutional bureaucracies, subsidies and duplicative programs, repealing unlawfully created regulations, the issues of welfare reform and immigration must also be addressed as they are huge contributors to our budget and deficit.

The great Nobel prize winning economist, Milton Friedman, correctly pointed out that you cannot have a welfare state and open borders as those in the lower levels of other countries will pour into the country seeking the freebies offered by that welfare system. This is precisely what we see happening today and why these two issues are so closely intertwined and must be addressed together (along with the other previously discussed steps).

We had taken great steps towards welfare reform and a reduction in the welfare rolls in the 1990s’ but subsequent administrations and congresses have undone those reforms and instead broadened and multiplied the programs offered. We must return to the mindset we had in place twenty years ago, build upon it, and further work to reduce those programs and costs. If government will quit interfering in the economy so that it can grow and expand, then such programs will become less essential. As I said with the bureaucracies in a previous essay, they obviously cannot be eliminated immediately, but they too need to be prioritized, duplications eliminated, and a step-down plan put in place that will wean us from them.

Tied to that, as mentioned, is the need to secure our borders, which topic I will address in the next installment. In closing this essay, I leave you with these words of wisdom from MIlton Friedman’s classic work, Free to Choose, which contains an excellent section on the Welfare State:

“The waste is distressing, but it is the least of the evils of the paternalistic programs that have grown to such massive size. Their major evil is their effect on the fabric of our society. They weaken the family; reduce the incentive to work, save, and innovate; reduce the accumulation of capital; and limit our freedom. These are the fundamental standards by which they should be judged.”

– October 2, 2015

What to Do – Part III

September 25, 2015 Frank Kuchar

What to Do? – Part III

Since FDR’s New Deal, the general government in Washington has grown into an insufferable Medusa. To “slay” this “Medusa” (and no, I’m not suggesting destroying our government) so that it becomes the small, constitutionally limited government it was created to be will require more than just stopping spending (What to Do – Part I) and eliminating unconstitutional and overlapping agencies that have been created over the past 70 years (What to Do – Part II) .

To rein in these agencies we must get to the source of the power these agencies have over our lives, namely the repeal of the Administrative Procedure Act of 1946. You may not have heard of this legislation, but it was what gave life to the regulatory, enforcement and adjudication powers of these myriad agencies that we seek to eliminate. The Act provides the procedural guidelines that all agencies are expected to follow in two major areas – rulemaking (which is nothing more than legislating) and adjudication (which is simply rendering judicial decisions regarding the rules they have promulgated). The Act requires that public notice be given for public comment and input before implementing any proposed new regulation, and Congress, by the passage of a joint resolution, has the authority to disapprove any such proposed rule within 60 days of its finalization.

There are several problems with this Act which should make any constitutionally-minded member of Congress eager to support its repeal. First and foremost, it is the very embodiment of James Madison’s definition of tyranny:

“The accumulation of all powers, legislative, executive, and judiciary, in the same hands, whether of one, a few, or many, and whether hereditary, self-appointed, or elective, may justly be pronounced the very definition of tyranny…the preservation of liberty requires that the three great departments of power should be separate and distinct” (The Federalist Papers, No. 47).

As pointed out above, in passing the APA Congress granted all three of these powers into the hands of these agencies.

Second, as these regulations are given the standing of law, enforced as law, and we are judged against them as though they are law, the Act violates the Constitution and thereby should have been stricken down before the ink of President Truman’s signature on it had dried. Article I Section 1 of the Constitution begins by stating that “All legislative Powers herein granted shall be vested in a Congress of the United States”. Article II Section 1 begins “The executive Power shall be vested in a President of the United States of America.” Article III Section 1 similarly leads off by stating “The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish.” The language in these three sections are very clear – in no wise are these powers to be shared between the three branches or some other entity, period! For these agencies to hold all three powers indisputably places them in violation of the Constitution.

Third, as far as public notice and Congressional review goes, consider these facts. In 2014 alone the Obama Administration issued 75,000 pages of new regulations. In the first three days of 2014, the Feds released 141 new regulations, and since Obama became president there have been 21,000 new regulations issued as of December 2014. What citizen, much less representative or senator, can possibly have time to review such a mountain of rules?

So here is the next step in the process of reducing spending and cutting our government back to its constitutional limits: repeal of the APA, return the responsibility of legislative action to the Congress, and either pass real legislation revoking the unconstitutionally created regulations these agencies have created over the years or simply proclaim them to no longer be in force as they were not law to begin with. That will be a huge task to accomplish, but again, freedom and the restoration of our liberties is worth the effort.

What to Do? – Part II

September 18, 2015 Frank Kuchar

In last week’s essay I set forth the first step in reining in our government’s appetite for spending, namely to simply stop the spending. By freezing the amount of spending the steps necessary to solve the root problem, i.e. unconstitutional financing, could then be implemented. Politicians never “cut” spending – they merely cut the amount of increase in their spending, and by reducing the increase they tell us that total spending has been reduced when in fact it has continued to go up.

Once the freeze is in place the matter of prioritizing and examining what the government is constitutionally authorized to collect taxes for and spend those funds on can begin. There is an unbelievable number of agencies/departments all with their sub-departments that are not within the purview of government, and these must be eliminated. The question is, how best to go about this process?

As much as I would like to say “just eliminate them completely, immediately”, I am realistic enough to recognize that such a step is not only economically unwise, but politically impossible. So once these agencies/departments have been identified (e.g., the departments of agriculture, energy, education, commerce) they should then be prioritized on the basis of which ones are having the most negative impact on the economy (e.g. the EPA) and which can be most quickly eliminated with the least negative impact on the economy. We must realize that in downsizing the government by eliminating these agencies there will have to be an adjustment period for those who have been addicted to their funds.

When these are prioritized, a determination would be made on just how much each one could be reduced. I would propose that each one be reduced by twenty percent every year so that by the end of a five year adjustment period, they will be completely gone; this way the states and others will have had time to adjust to the changes. These reductions would be announced the year before they are to begin so that states, cities, counties, et al would be given sufficient notice and could begin making preparations for the changes.

As these reductions are taking place, then other steps would need to be implemented simultaneously to ease the transition and boost the economy. I’ll address some of those next week. I acknowledge that what I’ve set forth this week (albeit very briefly) will be neither easy nor painless. However, if we are serious about securing our future from economic ruin and political collapse in which our freedom and liberties will be lost, then these first two steps (and the ones to follow) must be taken.

-September 18, 2015

New Definition for the EPA

August 26, 2015August 26, 2015 Frank Kuchar

We all know that the EPA stands for the “Environmental Protection Agency”, but given recent actions by that agency I would suggest it stands for “Economic Prevention Agency” as it is the becoming more and more the biggest obstacle to economic recovery and growth.

Just this week there was the agency’s dumping millions of gallons of toxic waste into the Colorado river causing huge risks to the health and well being of both animals and humans all along the river’s pathway. That aside, in line with the subject matter of this essay, it will also cause a loss of economic activity by those who depend upon that waterway, not to mention the cost that we the taxpayers will have to fork over to clean up their mess. Usually government agencies are protected from lawsuits for matters like this unless negligence can be proven (unlike companies such as Exxon Mobil or BP). Perhaps this instance will prove differently, and if so, we the taxpayers will again be the ones paying the costs. What’s appalling about this is this agency wants to tell us what we can do with the water on our private property so as to protect “mother earth”, but then they do this to a large swath of the western part of the United States!

However, the greater damage being done to the economy are their proposed regulations on power plants. These regulations will result in the shuttering of many existing coal-fired plants, which in turn will cause “brown-outs” and “blackouts” in many areas. Again, the economic impact will be severe as productivity will be slowed and costs of virtually everything accelerated, all in the name of the phony and unproven claims of “climate change”.

The truth is this approach by this agency is merely the most efficient vehicle for the Fascists in government to assume more and more control over our lives. A nation’s economy has been most often the back door through which tyranny has been installed within a country (e.g., Russia in 1917, Nazi Germany in the 1930s, etc). Ayn Rand observed that a people cannot be politically free unless they are first economically free. Thus the converse of that principle is what history has shown, namely, when a people lose their economic freedom, their political freedom goes with it.

There is no constitutional authority for this out-of-control bureaucracy; such matters as this agency is supposed to oversee the founders argued were to be left to the control of the states. Unless this agency is reined in and destroyed, it will destroy our freedom, our quality of life, and all that makes America the envy of the world in terms of its standard of living.