Missing Constitutional Amendments

In order to establish a society of free, responsible, and self governing individuals following amendments are missing from the US Constitution:

1.       For as long as government runs a central bank the function of this central bank should only be concerned with internal and external monetary stability. Nominal interest rates cannot be set lower than the inflation rate plus some factor (e.g. long-term trend of real GDP growth). The central bank is strictly prohibited from direct or indirect financing of government.

2.       Supreme Court justices should be randomly drawn from a considerable pool of suitable candidates, which ought to include people without judiciary experience or law degrees. Term limits for Supreme Court justices are overdue.

3.       The size of federal government as measured by revenue or expenditures should be limited to a maximum of let’s say 20% of GDP except for extremely extraordinary events. For this purpose, federal government should be defined in a comprehensive way, e.g. including off budget items, Social Security, Medicare etc.

4.       Federal government debt should be limited to maximum of let’s say 30% of GDP except for extremely extraordinary events. For this purpose, federal government debt should be defined in a most comprehensive way, e.g. including promises to future retirees etc.

5.       Federal government needs to completely stay out of providing subsidies to businesses, education, health care, welfare, unemployment insurance, and retirement security except perhaps for the most needy individuals. Free individuals and free markets are capable of handling these areas without government meddling. Besides, if these areas need government intervention at all these areas are prerogatives of the individual states.

6.       Federal taxes should never be confiscatory and should only serve as a source of revenue and not to implement any social or economic policies. Ideally, taxes should be paid exclusively by voluntary choice of free individuals. Confiscatory taxes are defined as cumulative taxes exceeding let’s say 30% of a person’s income irrespective of the form of taxation (e.g. income or sales taxes). The tax code has to be kept very simple. A person’s wealth should be tax free. Businesses should not be taxed.

7.       It is overdue to reign in the many abuses of the Commerce Clause by the federal government and the US Supreme Court. It is quite clear that the original meaning of this clause was limited to commerce in the narrow sense of economic exchange like foreign trade or trade between states.

Chief Justice Roberts Ruined His Legacy Today

A 5-4 Decision With A Swing Vote
From The Chief Justice

The Statue of Liberty is weeping again as the US further marches on the road to serfdom.

What was Chief Roberts thinking? Was he trying to avoid the appearance of a so called activist court? Why was he agreeing to this stinking compromise?

Extremely Flawed Reasoning

I thought he was smarter! Chief Justice Roberts cannot distinguish a penalty from a tax? This is a bad joke at our expense. So if the president and the Congress in the future mandate anything that citizens or companies have to comply with, all they have to do is to attach a penalty tax? To argue that a mandate to buy health insurance falls under the taxing power of the U.S. Constitution is ludicrous.

Given the fact that this law is full of unconstitutional mandates, he had every reason to vote against it. There is the “guaranteed issue” mandate and the “community rating” mandate besides the individual mandate. The former two severely interfere with the freedom of contract as well. Not to mention that these two mandates have quasi the effect to nationalize private health insurance companies.

Infamous As Plessy Vs. Ferguson

Today's decision will go down in history as one of the worst decisions ever made by the US Supreme Court.

In case, the reader is unfamiliar with Plessy vs. Ferguson decision of 1896: It upheld racial segregation and coined the infamous phrase “separate but equal”.

Or is today’s decision worse than Wickard v. Filburn (a 1942 New Deal monstrosity that opened up the Commerce Clause for plenty of abuse)? This may well be the case.

Stare Decisis – A Bad Precedent Was Created

I remember well how eloquent Chief Justice Roberts answered questions during his confirmation hearings about stare decisis. Now he created a bad one. It took almost 60 years to overturn Plessy v. Ferguson. How long will it take the SCOTUS this time?

What Would A Reputable Judge Do?

Resign immediately! If he does not resign, one can only pray this was his only and worst slippage and from here on he will be a better Chief Justice.