The Devaluation of Citizenship

June 23, 2016 Frank Kuchar

Today there is much talk about countries devaluing their currencies in an attempt to make their exports cheaper and thereby boost their economies. Here in our country we have another serious devaluation going on, that of citizenship.

Citizenship does not entail “rights” properly understood. Rights are those things which every individual possesses by virtue of being a part of the human race as they come, as Jefferson stated, from our Creator and are therefore inalienable. Government, therefore, can neither grant nor take away rights (although tyrannical governments can and do restrict them).

Citizenship is an honor that governments bestow upon those individuals who meet the requirements that the civil society has set forth. Civil societies, according to John Locke, are formed when individuals band together and agree to defer some of their natural rights to the group (i.e., government) so that they may exist in an orderly and peaceful fashion.

Becoming a citizen, then, carries with it certain privileges and responsibilities. Some responsibilities, for example, fall upon both citizen and non-citizen alike. For example, paying taxes to the government is a responsibility of both classes of individuals within a society as both groups benefit from the actions of government (protection from invasion, personal injury, etc). However, privileges are those things reserved for citizens alone.

As we approach the upcoming pivotal election this fall it is important to bear in mind that one such privilege is that of voting. Contrary to what many may believe, there is no such thing as “the right to vote” because voting is an act granted by government, not by our Creator. Therefore, voting is a privilege that comes with the honor of citizenship and if one has not met the stipulations for earning citizenship they have no claim on being allowed to vote.

In a free society, voting is the means by which those who have banded together to form that civil society determine how they, as a society, wish to be governed. Those who are not yet citizens have no allegiance to the group and are, in effect, loyal only to themselves. Consequently they should have no say in how those who do should be governed or to what they should be obligated. Such is the reason why it is critical that the integrity of the vote be upheld and that proof of citizenship be mandated for those who go to the polls to cast their ballots.

However, those on the left have completely misunderstood this basic concept of the nature of citizenship and are pushing for open elections – i.e., granting all inhabitants within the boundaries of our land this privilege. California has recently passed legislation that will permit illegals (non-citizens) access to the voting booth. Such action devalues citizenship, for if this privilege is not restrictive, then of what use is citizenship? If citizenship is not something to be valued and held to be a distinctive identifier of those within a country, then how can a civil society be maintained? The answer is there is no value and civil society will eventually splinter into sundry parts, each vying for their own special benefits rather than the good of all society. In such a circumstance America (or any country) will cease to be a country.

Finally, voting is one of the privileges of citizenship that also falls into the realm of responsibility. If citizens fail to live up to this responsibility, then eventually the time will come when this failure will result in a government that deems such privileges are no longer to be granted, and all of society falls under the dark cloud of tyranny where our Creator-granted rights are restricted.

– June 24, 2016

Study Guide/Handbook on the US Constitution

June 18, 2016 Frank Kuchar

At the bottom of this newsletter you will see the cover to a new book, “The Handbook for We The People: A Primer on Strict Construction of the Constitution”. Originally, the book was written with the intent to serve as a study guide to the fundamentals of our Constitution and the principles of the government it created for high school students, but it is an excellent tool for anyone who would like to have an understanding of the original intent of the authors of the Constitution.

The author, a good friend of mine, used several sources in putting this guide together. The principles covered were based upon the writings of a retired attorney who is a devoted student and lecturer on the Constitution who writes under the pseudonym “Publius Huldah” (whom some of you may be acquainted with) along with writings of the founders including the Federalist Papers and Webster’s 1828 Dictionary which gives the meanings of the words as understood at the time of the writing of the Constitution.

The book is an easy read and contains seven chapters. The first chapter covers the basics of the principles behind the Constitution such as a brief description of Federalism, republican government, etc. The next three chapters cover in brief the enumerated powers of each of the three branches of government and touches on topics that are much in the news today such as the major clauses of governmental power (Welfare, Commerce, Necessary and Proper) and how they were intended to be understood by the founders.

Chapter six builds upon the principle of federalism and republicanism and delves into the topic of nullification – a tool, as explained in the chapter, the founders put in place for the states to use in keeping the federal government within its constitutional boundaries. Chapter seven focuses on the issue hotly debated today in regards to the relationship between religion and the state. The final chapter covers the concept of making amendments to the Constitution, including a brief look at the idea of what some are calling an “Article V Convention of the States”.

At the end of each chapter there is a list of questions and assignments to encourage the reader to delve deeper into the subject matter presented in the chapter. In the appendix is a list of references such as the text of the Constitution, the Declaration of Independence and a glossary of terms that are critical to understanding the original intent of our founders.

The prophet Hosea of ancient Israel, speaking for the Lord, declared “My people are destroyed for a lack of knowledge.” It is the intent of this book to help our youth, citizens, and yes, even government officials at all levels, gain a basic knowledge so as to keep our republic from being destroyed. I highly recommend the book and would encourage anyone interested to look into it and use it for your children, grandchildren as well as any teachers and government officials you can convince to read it.

As a disclaimer, I did help in the early proofing of the book and making suggestions regarding the chapter questions; yet I have no financial interest at stake in the proceeds of the sales. My only concern is to get an excellent primer into the hands of those who wish to gain a firm grasp of the original intent of our Constitution.

Handbook for We the People

-June 17, 2016

Land of the Free and Home of the Brave?

June 2, 2016 Frank Kuchar

In all the times you’ve sung/heard that last phrase in the first stanza of our national anthem, have you ever given much thought as to why those two concepts are joined together? Reflecting back upon this past Monday when we remembered those who gave “the last full measure” to procure and secure our freedom, the inextricable connection between them becomes very clear.

We were established to be a land of free citizens through the bravery of a few who sought to make their home in a land of freedom. When those 56 men in Philadelphia pledged their lives, fortunes and sacred honor by signing our Declaration of Independence, they were bravely signing their death warrants in the eyes of the British Crown. It was their burning passion for liberty over their fear of death, as expressed by Patrick Henry, that gave them the courage to sign that document and bequeath to us the freedom we now see slipping from our grasp.

How is it that we sing this phrase and yet no longer act like we mean it or believe it? Are we a “land of the free”? Hardly; not like we were in times past nor as we were meant to be. Are we the “home of the brave”? For some we are, but not as many as there should be. We have those among us who are yet brave in the defense of freedom – every man and woman who put on the uniform of our military or local police and emergency service provider can be numbered among those who are “the brave.”

But what about the rest of us? Why are we allowing those we elect to represent us to create laws that chip away at our freedom without any accountability or repercussion? Why do we tolerate nameless, faceless, unelected and unaccountable bureaucrats to trample our constitutionally-guaranteed liberties with their unconstitutional acts and regulations? Why do we cower in fear before them when it is they who should cower before us? Is it because we have become too soft – too afraid to stand up and be counted because we fear becoming like a few brave fellow citizens who have and now languish in jail?

We celebrate two holidays – Memorial Day, in which we somberly reflect upon those brave souls who sacrificed their lives for us, and another, Veterans’ Day, for those who have and currently serve in defense of that freedom. These men and women bravely left their homes to ensure that our land remains free, and some have returned, not to the embrace of their loved ones, but rather in a flag-draped casket.

So the questions for us are: “How brave are you? How brave am I?” “How deeply do you want to be free? How deeply do I?”

-June 3, 2016

What “-ism” Are We?

May 28, 2016 Frank Kuchar

Our founders championed the political structure of “republicanism”, i.e. a system of government based upon democratically elected representatives who would govern in behalf of those who elected them and to whom they would be accountable for the manner of their governance. Since then we have seen the rise of socialism and its variants of communism and fascism throughout the world and more alarmingly, our transitioning from the republicanism upon which we were founded to fascism.

This week Michelle Obama demonstrated another “-ism” towards which our country has been lurching for decades – “nannyism”. One of the actions advocated by the first lady’s “Let’s Move” campaign was an overhaul of the nutrition labels on food packaging. These updates that she will be announcing were recently finalized by the Food and Drug Administration (another agency without authority granted to the federal government among the enumerated powers in Article I Section 8 of the Constitution). It is not the government’s role to tell companies what and how they must label their products – that is the role of consumers in the marketplace who can bring pressure on companies to do so or, if necessary, by the states.

Furthermore, as is usual with governmental regulations, it will only place more burdens on businesses, the cost of which will ultimately be borne by us, the consumers as all such costs are. According to industry estimates, it will cost companies at least $640 million to make the updates, with a net social cost of at least $1.4 billion.

The question to be asked is “Will this be an improvement or just more government heavy-handedness?” A number of scientists are going on record that these new guidelines are not based upon sound science. A dozen scientists have signed a joint letter stating that the new requirements are misleading. Among those signing this letter are Roger Clemens, a member of the 2010 Dietary Guidelines Advisory Committee, and Eric Decker, head of the Department of Food Science at the University of Massachusetts. They further state that these regulations are based upon the 2015 Dietary Guidelines, which were formulated by a committee that did not include even one expert on sugars; yet the first lady boasts that the most important change in these regulations is information about sugar content!

So as with most other similar government regulations, they are outside the scope of the role and authority of government as well as being inaccurate, misleading and costly. But then again, we are too stupid to know better than to consume an entire bag of Oreos, so we need the government to tell us.

-May 27, 2016

Government Intervention into Labor Relations

May 21, 2016 Frank Kuchar

The Department of Labor has announced new regulations redefining the classification of workers who will be entitled by law to overtime compensation and the salary levels below which workers must be reclassified. As with all such interventions by government, there are issues to be taken with this one on many levels.

First is the existence of a Department of Labor which is tasked with regulating labor relations within our economy. Nowhere in the enumerated powers of the US Constitution is the government granted the power to create such laws and regulations. We claim to have a “free marketplace”, but it is only lip service; in fact it is, by the definition of Fascism economics, a Fascist marketplace. As Ayn Rand put it, “…a system in which the government does not nationalize the means of production, but assumes total control over the economy is fascism.” This is the very description of the direction our government has been heading for decades, and is only picking up steam with such encroachments into business practices such as this.

Second, as with most, if not all, governmental encroachments into labor matters, the opposite end of what is desired is what is achieved. For example, consider Milton Friedman’s excoriating of the idea of a minimum wage (which is making the headlines nowadays): “Minimum wage laws are about as clear a case as one can find of a measure of the effects of which are precisely the opposite of those intended by the men of good will who support it. Many proponents of minimum wage laws…hope, by outlawing wage rates below some specified level, to reduce poverty. In fact, insofar as minimum wage laws have any effect at all, their effect is clearly to increase poverty…The effect of the minimum wage is therefore to make unemployment higher than it otherwise would be.”

The consequences of this latest regulation will be no different from what Friedman stated about the effect of the minimum wage. Are there occupations where individuals are being taken advantage of by companies that this regulation is intended to help? Most definitely. However the solution is not the heavy hand of government interference, but rather the power of the marketplace. When enough people refuse to perform certain kinds of jobs for the wages offered, companies will be forced to raise the salaries and/or benefit packages to attract the quality of employees they seek. As one who has earned professional certifications in the field of compensation I can attest that market forces are extremely forceful in determining compensation levels.

In Jesus’ parable of the workers in the vineyard, those who worked all day were paid the same wages as those who only worked a small portion of the day. When they complained because they had worked longer than the others, the owner said “Didn’t you agree to work for a denarius? Take your pay and go.” If we accept a position in exchange for a certain amount of compensation, then that is our decision; it is we who made the agreement and if we don’t like it, then either don’t accept the offer or stay in that position while seeking better employment. I have done this more than once in my career. It is not the function of government to improve our situation in life; it can only make life more difficult when it goes beyond the purpose for which it was created.

-May 20, 2016

The Two Ends of Tyranny’s Spectrum

May 13, 2016 Frank Kuchar

When we think of tyranny it is usually pictured in the form of a despot such as the emperors of ancient Rome or our modern-day want-to-be emperors such as Hitler, Stalin, Kim Jung-un, etc. When we look at our current system of government we could also add unelected bureaucrats who populate such agencies as the EPA, BLM, IRS, et al.

As you examine these various avenues through which tyranny can and has manifested itself, there is a continuum on which all of these forms fall. At the each end of it are two extremes that are manifesting themselves in America today.

On one end you have “democracy” – the rule of the majority. Our founding fathers rejected pure democracy on several grounds. Madison set forth the case in The Federalist No. 10 that democracy ultimately devolves into “spectacles of turbulence and contention; have ever been found incompatible with personal security or the rights of property;” In such a society those in the minority are unprotected from the abuse and oppression by the majority. Today, as more and more individuals become dependent upon government for their sustenance, and more immigrants, both legal and especially illegal, are allowed into America and have no intention of assimilating the principles of “Americanism”, they will use government to oppress those who strive to adhere to those principles of individualism and limited government. Such a danger was expressed again by Madison in a letter to Thomas Jefferson on October 17, 1788:

“Wherever the real power in a Government lies, there is the danger of oppression. In our Governments the real power lies in the majority of the Community, and the invasion of private rights is cheifly to be apprehended, not from acts of Government contrary to the sense of its constituents, but from acts in which the Government is the mere instrument of the major number of the constituents.”

On the opposite end is the tyranny of the minority. This is becoming more prevalent today. The Occupy Wall Street hooligans chanted “This is what democracy looks like”, but such could not have been further from the truth. They were what anarchy looks like; they were an expression of attempted tyranny by a minority. Most recently we see those who can’t figure out what gender they are demanding access to restrooms and locker rooms corresponding to the gender they think they are because to not do so makes them feel uncomfortable. They are a tiny minority in our society yet governments, companies and schools are caving in to this minority even though it makes those in the majority feel uncomfortable. Such capitulations as these (and others in the news) are the submission of the majority to the tyranny of the minority.

Regardless of whether we are speaking of the tyranny of one individual, a particular political party or group of government officials, a majority or a minority within a society, it is still tyranny, and in none of these cases can the inalienable right of individual liberty be realized.

-May 13, 2016

The Political “Football” of Social Security

April 30, 2016 Frank Kuchar

There are many things that I’ve come to find hard to believe, but I was squarely confronted with another one this past week when my wife and I attended a two evening seminar on filing for Social Security and Medicare benefits. I’m not supposed to be old enough to be concerned with this issue yet there I sat! However, I did learn just how convoluted this entire setup is and how it is not hard to believe how these programs will destroy our country if they are not addressed and dealt with. Discounting the fact for the moment that such systems are not within the purview of government and outside the its Constitutional authority, we are in too deep to terminate them cold turkey; but we as a country must understand the truth behind them and wean ourselves off of them over the next few generations.

There are several myths about social security that have become ingrained in our social conscious. First is the idea that it was designed to be a pension plan for retirement; that was the bogus lie used to “sell” the concept to the populace in 1937. Yet when the Supreme Court stuck the law down as unconstitutional, FDR’s attorneys argued that it was really just a general tax and so it was allowed to stand.

A second myth is that the monies contributed are “held” in a trust fund for us. There is no social security trust fund as the monies withheld from our paychecks and matched by our employers has gone into the general treasury and been spent.

A result of this first myth is the common attitude among retirees and those like myself who are closing in on that mile marker that those monies are “my money – I’m entitled to it because I paid into this plan.” Again, that is based upon the belief that Social Security was intended to be a pension plan, which behind the scenes it was not. Want proof? When the law went into effect, the average lifespan for the most Americans was 64 years of age; the retirement age to collect Social Security benefits – 65 years of age! The government was betting that for the most part, it would collect more in taxes than it would have to pay out because most would die before collecting their benefits! Such is the cynical tyranny of socialist governments.

According to the Center on Budget and Policy Priorities, in 2015 Social Security benefits amounted to 24% of the federal budget. Medicare, Medicaid and other similar insurance programs added another 25%. A grab bag of other safety net programs took up yet another 10%. The problem – these percentages are only growing exponentially at a rapidly increasing rate. Witness how the projected date by government economists as to when these systems will be “broke” is a target constantly being updated to a date closer and closer to our immediate future.

I hope that my health will permit me to work for many more years so that I will be able to forego my benefits and do a small part of saving the financial future of my children and grandchildren, but who knows what the future may hold? This one thing I do know will hold – these programs are not sustainable and our politicians must put our future ahead of their political futures by addressing this looming time bomb. John Taylor said it well in regards to pension and welfare programs which had already started in the early 1800s’:

“That the error of trusting republican governments with this tyrannical power [i.e., creating pension and welfare programs], has probably caused their premature deaths, because they are most likely to push it to excess” (Construction Construed and Constitutions Vindicated, p. 341, published 1820).

-April 29, 2016

Property Taxes R & R

April 22, 2016 Frank Kuchar

Perhaps your state legislators are considering proposals for property tax reform like ours in Texas. The question to put to them is not “What reforms are you proposing for property tax assessments” but rather “Why do we even have a property tax in the first place?”

In his Second Treatise of Government published in 1689, the English political philosopher John Locke set forth the principle that personal property is the basis of personal liberty:

“…every man has a property in his own person; this nobody has any right to but himself. The labour of his body and the work of his hands we may say are properly his…this labour being the unquestionable property of the labourer, no man but he can have a right to…”

Some 130 years later, John Taylor, a close compatriot of Thomas Jefferson, went even further in his work Construction Construed and Constitutions Vindicated, published in 1820, that not only is individual private property sacrosanct, but we do not have the right to hand control of it over to any other group or government:

“Societies are not instituted for the purpose of enabling governments to destroy natural rights; and as no man possesses a natural, or necessary, or convenient power over the natural rights of another, a majority of men cannot have a right to surrender to a government an absolute power over these natural rights…Neither nature, nor necessity, nor convenience, has invested the people, or their representatives, with an absolute power over private property, or over conscience;”

An income tax is, like the property tax, based upon the foregoing quotes, an assault upon individual property rights. Thus, if a state has an income tax, it too should be eliminated. But, if the income tax and property tax are eliminated, with what do you replace it? The answer: a consumption tax (or sales tax at the retail level only). This is not what some propose, a Value Added Tax, as that is an insidious, hidden tax (not to mention an oxymoron – what tax ever added “value” to anything?). Briefly, several advantages will come from this:

If you tax everyone and every organization, the tax base will be greatly expanded and thereby require a smaller tax rate than would otherwise be required.
For the same reason, if everything is taxed, not only will the rate be lower, but politicians will not be able to monkey with the tax code via legislation so as to curry favor with special interests or voting blocks of constituents.
Businesses will have lower costs and therefore their prices should come down. If they don’t lower their prices due to the decrease in expenses, then eventually free market competition from businesses that do will force each to become more price competitive.
Non-citizens who pass through or come for tourism and make purchases, will be contributing to the tax revenue, thus again, expanding the tax base.
Cities/states would no longer be able to use tax abatements to lure businesses to their locality which always makes the shortfall that results fall upon small businesses and homeowners.

There are any number of ways in which this revenue could then be distributed to the cities, counties and school districts, and that would be something for the legislators to determine would be the best approach for their particular state.

We do not need property tax reform; we need property tax R & R – Repeal and Replace. Without a property tax one thing is certain – when you become a homeowner it is you who are the owner. The state will never be able to seize your property because of a failure or inability to pay your property taxes.

-April 22, 2016

Declaration of Independence – Ignored Warnings

April 15, 2016 Frank Kuchar

All patriots are acquainted with the opening phrase of the second paragraph of our Declaration of Independence. Yet I fear that too many have never taken the time to read and/or study the entire Declaration and the complaints lodged within it against the tyranny of King George III.

One thing I am certain of – those in our government most certainly are not familiar with it, for if they were, they would heed the warnings within it and change the way in which they are exercising similar tyranny over us today.

Consider these four complaints stated by Jefferson – complaints you will readily see should serve as a warning to those in our government today.

“He has erected a multitude of New Offices, and sent hither swarms of Officers to harass our people, and eat out their substance.”

Does this not reflect the myriad of government agencies that have proliferated over the decades that are suffocating our freedom and liberties with endless regulations and oppressions? Think IRS, BLM and the EPA just to list a few.

“He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation:”

Madison and others of our founders argued strenuously that the federal government’s powers were to be “few and defined”, whereas those left to the states would be “numerous and indefinite” (Federalist 45). Yet we see Congress, the executive branch with all its agencies, and the federal courts constantly and repeatedly overstepping their constitutional authority and subjecting the citizens of the several states to purported “laws” that are contrary to the constitutions adopted by the citizens of their respective states.

“For imposing Taxes on us without our Consent:”

You can scarcely find a more obtrusive and anti-freedom tax system than what we currently suffer under. Yet when we petition our representatives for relief, they talk much but deliver only more oppression – or if nothing else, stand idly by while the IRS runs roughshod over us.

“We have warned them [those in the English government] from time to time of attempts by their legislature to extend an unwarrantable jurisdiction over us.”

This statement, near the end of the Declaration, sums up the warning we are giving those in our government. There is a tsunami of anger and frustration rising up all across the land and for the same reasons as in the days of our forefathers. We all know how that matter was resolved:

“That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed. – That whenever any Form of Government becomes destructive of these ends, it is the right of the People to alter or to abolish it, and to institute New Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.”

Yes, those who govern us would do well to revisit our Declaration of Independence and give heed to the message and warnings it contains.

-April 15, 2016

What Happens If You Don’t…

April 8, 2016 Frank Kuchar

Pay your property taxes? Pay your income taxes? Comply with any EPA regulations regarding the use of your property? Comply with a multitude of local zoning ordinances or permits in regards to your property? We all know the answer to these questions as we’ve either experienced the consequences or know someone who has – the government, be it local, state and/or federal, swoops in and takes your property from you, fines you and perhaps even takes away your freedom by imprisoning you.

Does this sound like a government described by Patrick Henry during the Virginia ratification convention in 1788: “for liberty ought to be the direct end of your Government”? My question hardly needs a response.

John Taylor, one of the most eloquent and ardent defenders among our founders of individual liberty and limited government, had this to say on the matter of property and individual rights:

“The restrictions as to taxing property, imposed upon both the federal and state governments, also recognize only a limited power over it in either; and as to the application of taxes, it is,…expressly limited to the execution of the powers delegated, for which purpose and no other the power of taxation was bestowed. Among the powers delegated, there is none to grant pensions, or to dispose of the public money according to the dictates of caprice, or benevolence,…

Societies are not instituted for the purpose of enabling governments to destroy natural rights; and as no man possesses a natural, or necessary, or convenient power over the natural rights of another, a majority of men cannot have a right to surrender to a government an absolute power over these natural rights…the freedom of conscience and of labour are essentially natural rights…Neither nature, nor necessity, nor convenience, has invested the people, or their representatives, with an absolute power over private property, or over conscience;…” (Construction Construed, and Constitutions Vindicated, 1820, p. 276)

Let those words of wisdom from almost 200 years ago sink in. Have we not done what Taylor said we have no right to do, namely surrendered our natural rights to a capricious government? It is unfortunate that we cannot require all of these young people thronging to Bernie Sanders rallies to read Taylor’s writings before being allowed to vote. Matter of fact, maybe it would help if all Americans were to read the wisdom of our founders before they cast their votes; maybe then we could elect men and women who would see to it that our government met Patrick Henry’s stated purpose of government.

-April 8, 2016