Time for real change
by
Matt Giwer (c) 1995 <2/4>

      There appears to be a half-baked, ill considered bill headed for the desk of the President. That will be a bill against unfunded mandates being put on the states without a cost/benefit analysis. The problem is not that business is not included with the states. The problems is that it only takes a simple majority to over-ride this law.
      At present the federal government can pass a law requiring state and local governments to spend all the money necessary to do anything it wishes and demand damages in court for non-compliance. With this law in place a simple majority will not be able to do that unless the new law states that a cost/benefit analysis is not required and a simple majority passes it.
      In other words, there has been no change. This is the best response to the 10th Amendment resolution Gingrich can come up with that he can get passed in the House and the Senate is still problematic as is Clinton's signature. In other words, they think they have gotten their feet out of the fire.
      No way. If this is the best they can do, fine. The states can do better. They can join a new nation without a Constitutional Convention. There is no need for months or years of wrangling.
      I propose that the states simply join the Allied States of America. As its constitution I propose that the present United States Constitution be adopted in its entirety with two changes.
      The first change being that in the preamble "We, the people of the United States" the words "people" and "United" be stricken and replaced with the words "states" and "Allied" respectively.
      The second change is that the 16th Amendment, the income tax amendment, be stricken completely and the succeeding amendments be re-numbered.
      These two simple changes will make a very simple and straight forward and hard to object to change. It does not invoke the nameless terrors of a Constitutional Convention. It is a simple proposal that the states can consider individually without awaiting a law or an amendment to the present constitution from the present Congress.
      As for procedural matters for ratification of this constitution for this new country that would be left to the individual states. It would appear prudent to suggest that the states announce it will be on the agenda following the next election such that it can be platform issue for candidates to the state legislatures and governorships. That way there could be no objection that the people of the states were not given their chance to speak in the creation of the new country.
      There would be details that would need be worked out between the United and the Allied states such as a proportionate share of debts and obligations. Of course the new Allied states would have the option of selectively defaulting on them but that is a separate issue.
      The issue of United States Government property within the states of the Allied State would be a matter of ambassadorial negotiation. Although the obvious title to such properties and lands would revert to the states of the Allied States it is the shooting over such property that was the start of the Civil War. It is essential to resist the impulse to draw first blood. It is essential that there be no call to arms and no threats.
      As for new systems and new activities such as Immigration and Customs, fortunately such personnel are disbursed throughout the states and they can simply be offered their same job with the new government. US dollars can remain legal tender until a better system is devised to replace them. There is no real cause for any problem with the transition save if the United States is not willing to convey to the Allied States such items and federal pension and social security trust funds.
      The new Allied States could then adopt whatever laws from the United States it deems valuable with perhaps an interim stipulation that they are all in force for two years or so, giving enough time to adopt or reject the national laws.
      At the same time all of the laws which bind the states and the people that are not constitutional matters would be null and void as the constitution of the Allied States is clearly consented to by the states only and it can not extend to the states themselves or the people of the states. This difference cleanly cuts any power of the new allied government from ability to intrude into the rights of the states or the individual.
      The exclusion of the income tax amendment cleanly ends the most powerful social engineering tool available to such a government. Many states survive very well upon a set of taxes that are independent of individual income. That the states will have to work out a way to finance the Allied Government by some other means is certainly a task to which they are able. Certainly the greatly reduced size of that government will make such financing much easier.
      This is the cleanest way to hold the Republican Congress's feet to the fire. As they do not appear willing to deliver on state's rights then they are going to watch the peaceful dissolution of the United States. If the last election is any indication the people of the states will certainly vote for state legislators who will ratify this slightly modified constitution and form a new nation.
      If this does not work, nothing will short of revolution.