There are versions of this amendment going around facebook. Here is how I would write it. I call it the Exemption Amendment.
Article 1:
No member of the executive, legislative or judicial branch of government shall be exempt from the laws, regulations and fiats they pass upon the American People. Nor shall any law be valid which gives members of the executive, legislative or judicial branches of government benefits which are not available to every civilian employee of the United State Government or the the citizens of the United States, except to protect the safety of those said leaders from assassination or any other crime of which is solely the risk of their office.
Article 2:
Whenever disagreements over the Federal Budget cause the government to shut down, members of congress will not be paid until the disagreement is resolved. Members of the US Armed Forces and other Federal Employees who will not be excused from duty during the shut down will be paid.
The purpose of this amendment is to formally recognize that the President, Members of Congress and members of the Judiciary from the Chief Justice of the Supreme Court down to every federal judge are not above the laws that they create. Nor does their election nor appointment, whichever the case may be, give them special privileges; except to recognize the risk they take by taking office and to protect them.
Friday, January 25, 2013
Tuesday, January 15, 2013
Gun Control, Can the President really use Executive Powers.
In a press conference on January 14, 2012, President Obama stated that he had the power to regulate firearms. The logic is found in the 2nd amendment.
The 2nd amendment does say, "a well regulated militia..." but it does not say who has the power to regulate the militia.
The president is the commander in chief, therefore, the President can regulate the militia. But there is a catch.
The 10th amendment says, "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." If the constitution does not give the Federal Government nor the President the power to regulate the militia, that power must belong to the states.
The 10th amendment is balanced by two other clauses in the constitution. First, Congress is given the power to regulate interstate commerce. And there is also the Necessary and Proper Clause in the constitution which gives the federal government the power to pass all laws that are Necessary and Proper.
This is probably something that will eventually be settled in the US Supreme Court. I am not an expert on Federalism, but unless someone is planning to build guns in one state and sell them in another, I don't believe that the Federal Government has a horse to race.
I understand the problem that some people have with this. As you travel from state to state, you are subject to different laws. But this was the way that our founders intended. They wanted stronger state government, and many powers delegated to the states. They wanted each individual state to maintain a level of sovereignty separate from the federal government. That is something that has gradually been lost.
Some states have very strict gun control laws, which in the wake of recent school shootings has been made even more strict. While it may help to curb gun violence, there is little evidence that it controls overall violence. Here in Utah, the majority of gun-related murders were committed in the context of domestic violence. It would not be reasonable to believe that stricter gun control laws would curb the violence. It might save lives, but in close and intimate settings such as at home, the guns that would still be legal would still be lethal.
We need an honest discussion about what is at the root of violence. The answer may be a combination of factors, such as less violence in movies, television and video games. It could be classes in high school about building healthy relationships. It could be removing some of the stigma from mental illness so that people are not afraid to get help before they become violent. It may take a combination of all of these factors to reduce the threat to innocent victims.
As far as violence against schools. They are soft targets. I am not for arming teachers, unless they have experience in prior work that required the use of a firearm. For example, some police officers retire from the force and become teachers. They would be the ideal teachers to arm. Same with former soldiers and marines. Most teachers, however, should remain unarmed and should not be given arms training.
Schools would be a good place for aging police officers and former soldiers and marines to find work after their service has come to an end. It is possible that these men and women could bond with the students and provide positive role models. They could also watch for warning signs and help intervene before students themselves become violent. Remember, many of the most notorious school shootings were perpetrated by students, and not by complete strangers.
School campuses should be closed during school hours. There should only be one way in and out during that time. The only ones that should be admitted are student, teachers, administrators, parents and guests that are invited to speak by a teacher or an administrator. Parking lots and driveways should be a good distance away from school buildings to keep students out of the range of car bombs. Security consultants should be hired in ways to make school grounds a safe place for students to spend the day.
But when all is said and done, on average, students are much more safe in school than they are in getting to and from school. Your child is much more likely to die in transit than at the school. And someone intent on going out in a blaze of glory at a school is likely to find a way to do it. I know that is not very comforting. The bottom line is take time to express your love to those you have while you have them. But still, on average, your kids are likely to outlive you.
The 2nd amendment does say, "a well regulated militia..." but it does not say who has the power to regulate the militia.
The president is the commander in chief, therefore, the President can regulate the militia. But there is a catch.
The 10th amendment says, "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." If the constitution does not give the Federal Government nor the President the power to regulate the militia, that power must belong to the states.
The 10th amendment is balanced by two other clauses in the constitution. First, Congress is given the power to regulate interstate commerce. And there is also the Necessary and Proper Clause in the constitution which gives the federal government the power to pass all laws that are Necessary and Proper.
This is probably something that will eventually be settled in the US Supreme Court. I am not an expert on Federalism, but unless someone is planning to build guns in one state and sell them in another, I don't believe that the Federal Government has a horse to race.
I understand the problem that some people have with this. As you travel from state to state, you are subject to different laws. But this was the way that our founders intended. They wanted stronger state government, and many powers delegated to the states. They wanted each individual state to maintain a level of sovereignty separate from the federal government. That is something that has gradually been lost.
Some states have very strict gun control laws, which in the wake of recent school shootings has been made even more strict. While it may help to curb gun violence, there is little evidence that it controls overall violence. Here in Utah, the majority of gun-related murders were committed in the context of domestic violence. It would not be reasonable to believe that stricter gun control laws would curb the violence. It might save lives, but in close and intimate settings such as at home, the guns that would still be legal would still be lethal.
We need an honest discussion about what is at the root of violence. The answer may be a combination of factors, such as less violence in movies, television and video games. It could be classes in high school about building healthy relationships. It could be removing some of the stigma from mental illness so that people are not afraid to get help before they become violent. It may take a combination of all of these factors to reduce the threat to innocent victims.
As far as violence against schools. They are soft targets. I am not for arming teachers, unless they have experience in prior work that required the use of a firearm. For example, some police officers retire from the force and become teachers. They would be the ideal teachers to arm. Same with former soldiers and marines. Most teachers, however, should remain unarmed and should not be given arms training.
Schools would be a good place for aging police officers and former soldiers and marines to find work after their service has come to an end. It is possible that these men and women could bond with the students and provide positive role models. They could also watch for warning signs and help intervene before students themselves become violent. Remember, many of the most notorious school shootings were perpetrated by students, and not by complete strangers.
School campuses should be closed during school hours. There should only be one way in and out during that time. The only ones that should be admitted are student, teachers, administrators, parents and guests that are invited to speak by a teacher or an administrator. Parking lots and driveways should be a good distance away from school buildings to keep students out of the range of car bombs. Security consultants should be hired in ways to make school grounds a safe place for students to spend the day.
But when all is said and done, on average, students are much more safe in school than they are in getting to and from school. Your child is much more likely to die in transit than at the school. And someone intent on going out in a blaze of glory at a school is likely to find a way to do it. I know that is not very comforting. The bottom line is take time to express your love to those you have while you have them. But still, on average, your kids are likely to outlive you.
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