Thursday, December 12, 2024

The Price of Liberty is Eternal Vigilance #8: How much government power is too much?

Governments have to have SOME power, but not too MUCH power. A government with too little power cannot govern at all and so we don’t get the benefits a government is supposed to provide. A government with too much power can become tyrannical and infringe on the freedom of the people beyond what is proper and necessary to protect citizens and maintain an orderly society.

One of the endless struggles in the modern history of representative governments is to find the right balance between too little power and too much, between a government that is helpless and a government that is dangerous.

One of the attendees at the US Constitutional Convention in 1787 said the delegates gave the president strong powers, and sometimes not-well-defined powers, because they trusted George Washington, and they knew he was likely going to be the first president of the new country.

In a similar way, I think Americans should look around now, at the current crop of political leaders, and realize that it would be better for us to REDUCE presidential powers.

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It is hard for me to understand why, but there was actually just a bill in the House to INCREASE the president’s power!

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HR 9495 would allow a president to take away a non-profit organization’s tax-exempt status if that organization “supports” terrorism. The problem with the bill is that it doesn’t require the government to tell an affected organization why the decision is being made or what the evidence is that supports the decision.

How could an organization defend itself against an accusation without knowing exactly what the accusation is?

Today this bill was blocked in the House. 204 Republicans voted for this bill and 1 voted against. 52 Democrats voted for this bill and 144 voted against.

Notice that 256 people voted for this bill and only 145 voted against, so, why was it blocked? Due to the rules of the House this particular bill needed a 2/3 vote of 270 to pass and it did not reach 270…. But it came close!

More than 130 tax-exempt organizations, including the ACLU opposed this bill and I think they were right. We shouldn’t want the government to be able to penalize people, or groups of people, or organizations, based on shady and secret accusations and without due process of law.

Sadly, a majority of House members DO want the government to have this power, so I’m afraid we might see some form of this bill revived.

One of the things that should make us suspicious of this bill is that it would give the government power to penalize organizations that are "supporting terrorism," but we should wonder: if the government believes a group is supporting terrorism, why aren’t they bringing criminal charges against it? It almost looks like the government wants power to harass organizations even if they don’t have evidence the organizations committed any crimes at all….

That kind of power would certainly make a great tool for a tyrant.

I believe we are in a time when presidential powers should be reduced and, yes, I did write about this years ago, when a Democrat was moving into the White House.

I am certainly happy this effort to increase presidential power has failed, at least for now. If we want to defend liberty, we should not give the government MORE powers, especially not UNECCESSARY powers, and most especially not SECRET unnecessary powers.

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Copyright © 2024 by Joseph Wayne Gadway

Sunday, December 8, 2024

The Price of Liberty is Eternal Vigilance #7: Terminating the Constitution. Piece by Piece.

Trump is not even in office yet and he is already busily trying to terminate rules in the Constitution.

We sure were warned! Trump’s own Vice President four years ago said Trump tried to put himself above the Constitution. Trump’s own Chief of Staff and his Joint Chiefs of Staff Chairman BOTH told us he was a fascist. In 2022 Trump himself said the rules of the Constitution should have been terminated to keep him in power after he lost the 2020 election.

Now Trump is at it again.

One of the rules in the Constitution is this one, from the 14th Amendment: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.”

Trump doesn’t like this rule that anyone born in the United States is a citizen. He says he is going to end this Constitutional right with an executive order.

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Can presidents just eliminate Constitutional rights with executive orders? Can presidents just decide who is a citizen and who isn’t, regardless of what the Constitution says? I don’t think so! But Trump says he will do it anyway.

And that’s just the beginning.

Here is another rule in the Constitution: “He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law….” Article 2, Section 2, Clause 2

This important clause puts a limit on presidential power by requiring him to get the “Advice and Consent” of the Senate for the appointment of high government officials.

There is an exception to this rule as follows: “The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.” Article 2, Section 2, Clause 3

By reading the two clauses above we can see that the normal procedure is for the president to make appointments with the advice and consent of the Senate. If a vacancy occurs when the Senate is in recess the president can make temporary appointments without advice and consent.

Trump has now demanded that the Senate treat ALL of his appointments as recess appointments. This would simply terminate the Constitutional rule requiring the advice and consent of the Senate for presidential appointments and vastly increase the power of presidents to rule like autocrats.

So, Trump wanted to terminate the Constitutional rules that prevented him from staying in office after losing an election. Now he wants to terminate the Constitutional rule that everyone born in the United States is a citizen. Now he also wants to terminate the Constitutional rule that requires presidents to get the advice and consent of the Senate for high level appointments….

I wonder which Constitutional rules he will want to terminate next. Something in the Bill of Rights, maybe?

Let’s keep our eyes open!

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Copyright © 2024 by Joseph Wayne Gadway