The Next Constitution

John Derbyshire’s latest Taki column is on amendments he would like to make to the Constitution. It’s a take off on the book written by former Supreme Court Justice John Paul Stevens. Stevens would like to repeal the Second Amendment. John would like to add a bunch of things to address the abuses that bug him the most. I don’t think his list is intended to be taken seriously. It’s just a handy list of grievances to fill in a column. There’s no harm in it. The whole point of a site like Taki is to generate some conversation amongst those interested in topics banned by The Cult.

The “next constitution” is a topic I think about a lot. Not because I am plotting a revolution or expect one. We do seem to be heading for an end of cycle moment, but how that plays out is a mystery to me. Maybe we are headed to World War III. Who knows? Some say the world will end in fire, some say in ice.

I don’t know, but what comes next will be a response to what went wrong. That’s always the way it goes. The Constitution was a reflection of the Founders reading of recent history,  a few centuries or so, in Europe. Much of their concern was the abuses they knew first hand and that’s what they tried to address. Whoever is left after the great upheaval will do the same.

With that in mind, here’s my list:

1) Clean Up Past Mistakes: The first change is to eliminate the amendments 13 through 27, except 25, which seems sensible. The Civil War Amendments have resulted in so much abuse they are not repairable. The 16th Amendment is another area of abuse. The 17th has been a disaster, knocking the pins from under the balance of powers. The rest are just reflections of silly fads, for the most part. The basic Constitution is an excellent starting point for a Federal Republic, which has proven to be the form of government resulting in the most liberty and prosperity for the average citizen.

2) You Vote Where You Were Born: One of the great abuses in recent times has been people moving from one state that is dysfunctional to a well run state. Instead of learning from their new neighbors, the emigrants start voting for the same degenerates that destroyed their home state. This amendment is aimed at fixing that problem. If someone from Massachusetts moves to New Hampshire, they still vote in their home state. The children of that person, assuming they were born in the new state, will vote in the new state. This also solves the problem of foreigners moving here and then voting for authoritarians. I would also be amenable to a twenty year waiting period as well.

3) No Federal Debt: The systematic borrowing by the Federal government has led to a mountain of abuses. If taxes had to be raised to pay for government, we would have a lot less government. The laqst half century has seen the massive growth of the government at all levels fueled by debt. Government debt has also fueled the explosion of the financial sector and all of its abuses. Borrowing would only be permitted in times of war – declared wars against real countries. No more wars against concepts. The ban on debt would also extend to things like pensions. Any promise to pay beyond the term of the current Congress would be invalid.

4) All Income Taxed At 12%: The last century has seen Congress auctioning off tax breaks for campaign cash to the point where the tax code is unintelligible. Government needs to be financed and the only source of revenue will be a fixed levy on all income to individuals. No business taxes. No tariffs. Nothing but the 12% tax, which will apply to all income regardless of source. The tax is collected by the source, not the recipient. That way cheating is minimized. The benefit is it limits the size of the state to the size of the economy. More important, it removes a source of corruption that is at the heart of all forms of socialism.

5) Term Limits: All citizens will be limited to ten years of Federal checks. One of the great abuses today is this army of people living off the tax payer. The government needs employees, but it should not be a career. Putting a ten year cap clears out the vast army of loafers, but it also clears out the political class. They have to get jobs in the dreaded private sector. Most likely it shifts them to their state capitals, which is OK. I’d exempt the military and post office. In all likelihood th workaround would be a shift from a civilian workforce to contractors, but that’s OK. The point is to remove the government as an employer of first resort.

The language would be key, as the weasels that seek to live off the state are good at twisting the meaning of words. Inevitably, they would find new ways to abuse the system. No set of arrangements will outlast the endurance of the parasite class. Like the poor, they will always be with us. But, the Founders created a system that served us pretty well for 100 years. Lincoln drove a stake through it and subsequent generations finished it off, but it staggered on for another 75 years after Lincoln.

The Founders addressed what they knew. The French Revolution had yet to reveal the frightening new danger facing civilization. They can be excused for thinking the excesses of the French Revolution were temporary. The republic they created was designed to arrest the abuses of the past. They simply had no way of anticipating the tidal wave of sewage that was about to wash over Western Civilization. This virulent suicide cult we call Liberalism in America was unimaginable in the 18th century. The constitutions of the 21st century will have to deal with it.

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bob sykes
bob sykes

My preference would be to return to the Articles of Confederation. That would essentially eliminate the federal government, and most especially the Supreme Court, which is unredeemably evil. The President would preside over a unicameral legislature in which each state had one vote. The President would also have at his disposal a small navy/coast guard, custom houses and a small army. The state militias would be the bulk of the military forces. The whole military would of necessity be defensive. Such a structure would keep us out of foreign wars, which is manifestly desirable. No war since the Revolutionary War,… Read more »

Art Deco

Neither the 13th (abolition of slavery) nor the 15th Amendment (suffrage for freedmen) have proved problematic. It’s a few phrases in the 14th Amendment which are the problem, and mostly because of the intellectual and moral fraud abroad in the appellate judiciary and legal professoriate. It’s fashionable to attribute all sorts of trouble to the 17th Amendment, but that complaint is nonsense. The effect of that amendment in the contemporary context is to alter the balance of skill sets in Congress. Absent the amendment, you would get more people adept at building relationships in state legislatures and fewer at running… Read more »


“4) All Income Taxed At 12%”

Sales not income? The fed can’t tax income without the 16th.


Why exempt the incompetent corrupt morons in the military?