- Leverage the Internet to create a 9th Amendment Council so We the People can hold the governing accountable.
- Wisdom only comes from experience. Establish a Constitutional Convention every year ending in 9.
- Fund juries understanding their duty to hold laws accountable on a case by case basis. Create a means to integrate jury nullification into the common law.
We the People are the sovereigns. Federal and state governments are our servants, not our masters.
The Preamble to the Constitution, its most important paragraph, states clearly the mission of the Federal government,
"We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America."
The Preamble is so important it is restated in Amendments 9, 10, and 14.
- 9th Amendment: "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people."
Powers not enumerated as sacrificed in written constitutions are retained by us. Two aspects of our Liberty intertwine in a Darwinian crucible of creative destruction to create the "general welfare":
- Tolerance of Disruptive Minorities offering choices.
- There are few Disruptive Minorities as tiny and disruptive as inventors. An "obnoxious individual" creates a better choice that eclipses entire industries.
- Tolerance of people sorting choices via free markets and free speech, the Wisdom of the Many.
- Adam Smith's "invisible hand" is not invisible, just tiny. It is the vast accumulation of tiny acts of liberty by each of us as we choose between choices.
- The aggregated wisdom of all of us, with each of us acting in our own self-interest, is wiser than the wisest of us at choosing between choices.
- Tolerance of Disruptive Minorities offering choices.
- 10th Amendment: "The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people."
In the Preamble we assigned the Federal government unlimited taxing power for the limited sovereingty to "provide for the common defence" to "secure the Blessings of Liberty to ourselves and our Posterity."
We specifically enumerated a limit that the Federal government is allowed only to "promote the general welfare", not tax to provide. The Federal government can be a cheerleader, not a tax collector.
We defined two types of governments to monopolize two types of violence. The Federal government is empowered to tax for war, but forbidden to tax for welfare. State governments are empowered to tax for welfare, but forbidden to tax for war.
This Divided Sovereignty, between "We the People", the Federal, and state governments is explained specifically in Federalist 1-46 with additional remarks in the remainder.
- Federalist #28: “Power being almost always the rival of power, the general government will at all times stand ready to check the usurpations of the state governments, and these will have the same disposition towards the general government. The people, by throwing themselves into either scale, will infallibly make it preponderate. If their rights are invaded by either, they can make use of the other as the instrument of redress. How wise will it be in them by cherishing the union to preserve to themselves an advantage which can never be too highly prized!”
- Federalist #51:"Ambition must be made to counteract ambition. The interest of the man must be connected with the constitutional rights of the place. It may be a reflection on human nature, that such devices should be necessary to control the abuses of government. But what is government itself, but the greatest of all reflections on human nature? If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary. In framing a government which is to be administered by men over men, the great difficulty lies in this: you must first enable the government to control the governed; and in the next place oblige it to control itself."
- 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. The former will be exercised principally on external objects, as war, peace, negotiation, and foreign commerce; with which last the power of taxation will, for the most part, be connected. The powers reserved to the several States will extend to all the objects which, in the ordinary course of affairs, concern the lives, liberties, and properties of the people, and the internal order, improvement, and prosperity of the State."
- 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. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."
With the Preamble, We the People, gave legal force to our definition of liberty as stated in the Declaration of Independence:
"We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.--That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed,..."
The Federal government failed the Preamble's obligation to defend liberty in supporting the expansion of slavery with Missouri Compromise, Kansas Nebraska Act, Dred Scott Supreme Court decision. As a result, 600,000 American soldiers were killed enforcing that our definition of Liberty. The 14th Amendment restates the Preamble.
Federal violation of the Preamble in taxing for warfare and welfare has rebuilt three paths to war and created Climate Change:
Taxation without Representation. Debt is the tax on future labor. Debt beyond 19-years repayment is a tax on the future labor of children imposed without consent.
Illicit Energy. Illicit Energy is dependence on energy outside self-reliance. When we fail to exercise the self-discipline to be energy self-reliant liberty is sacrificed. Federal highways laws expanding foreign oil addiction are like Federal laws expanding the addiction to slave labor in the Kansas-Nebraska Act, Missouri Compromises, Fugitive Slave Law, and Dred Scott. Skirmish wars in Iraq and Afghanistan are similar to Bleeding Kansas, steps building the path to general war. Today, instead of the minority being sacrificed based on race, it is based on age, children.
Transferring wealth from the Many to the Few resulted in the French Revolution. This is explained in greater detail in the section of Defenseless Minority.