constitutional amendment discussion

MPS777

Senior Member
Oct 20, 2017
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Hello, I’m new here and have joined because I have only relatively recently become particularly interested in politics. In the past, I mostly considered myself fairly centrist/apolitical, but I’ve felt compelled to really investigate the issues at hand because it seems the latest election and results that followed have plunged the USA into the most divisive and angry political discourse environment that I can ever remember.

I’d like to start a discussion about a constitutional amendment that might have the capacity to placate the various political camps and promote greater tranquility as the constitutional framers had defined as a goal. The amendment would come with two sections. The first section would explicitly constrain the spending powers of the federal government to the “enumerated” powers listed AFTER the first paragraph of Article 1 Section 8 as well as any spending powers granted by constitutional amendments. The second section of this amendment would instruct Congress that it has the duty and power to guarantee that all US citizens who live at or below the poverty line, have access to affordable healthcare amenities.

The way I see it, this amendment could seem very appealing to individuals across the political spectrum. For one, it could allow for the federal government to greatly downsize its involvement and interference with matters that states can manage themselves. The federal government could probably even, without much controversy, simplify the personal and business income tax code down to a much lower fair and flat rate. I would even advocate for a small national sales tax, to get everyone’s “skin in the game”, but that could be a discussion for another time.

This amendment could also allow for the elimination of the payroll taxes that fund Social Security and Medicare. This money would essentially be redirected back to the states, wherein the states could develop their own systems to addressing these concerns. To make this work, I think everyone who has now paid into the Social Security and Medicare systems, should in some way be refunded the amounts they have paid in.

Now at this time I feel like I should discuss my reasoning a bit. I happen to live in a majority Democrat area of the country, and have discussed this idea with a couple of my Democrat friends. At first they are aghast at the possibility of essentially repealing Social Security and Medicare as federal entitlements, but then I point out some of the glaring problems with these programs. For one, they are the single largest drivers of the national debt and deficit; and the way I see it, they are driving us into debt solely because they are implemented at the federal level. At the federal level, we as a nation have proven completely lacking the political will to either cut the spending associated with these programs, or raise the taxes sufficiently to keep them solvent. At the state level, I think there could probably be enough political unity to develop fiscally sound social programs. At least I believe my state could manage it better than the federal government. But it would require the state having access to all the funds that are currently siphoned off to the Feds. This includes eliminating the federal business tax deduction for health insurance. I do believe that by getting most of the social spending out of Washington DC, corporate tax rates could be reduced so far that loosing that deduction wouldn’t really be a big deal anymore. It would also remove a major distortion from the healthcare funding system. Most liberals I’ve talked to actually become fairly receptive to this idea, when I explain it in terms of them just being able to make policy decisions at a more local level.

Also concerning the second section of the amendment, I do think it’s necessary to set a baseline health safety net under which no American can fall through. It’s a matter of some people just not wanting to live in the same country as other people who would let their countrymen fall into an impoverished abyss with no aid at all. I think that this section of the amendment would allow the federal government even spend public funds for food, clothing, and shelter for any American at or below the poverty line; because if you literally are struggling that much, then food, clothing, and shelter ARE essentially healthcare. Above the level of poverty, I think states should take it upon themselves to help ease people out of poverty.

Returning to the topic of domestic tranquility, I believe this has great potential because “liberal” states that fund and manage their own social policy, really wouldn’t have much to fear from a “conservative” federal government; and vice versa. But that being said, I’d like to open the discussion up to liberals and conservatives alike on this forum. Is there anything about this idea that seems unacceptable or particularly worrisome? I’ve thought a bit about the ramifications of the “enumerated spending powers” section of this amendment, and have decided that the only other spending power that really might have to be amended into the constitution would be funding for NASA (and I think that could be authorized fairly uncontroversially).
 
Welcome to the board "MPS777"! What are your other tags?

Now as to your being a "fairly centrist/apolitical" person. With such definite far RW leanings like concrete "original intent" positions re: the Enumeration of Congressional powers you've tipped your hand putting your introductory claim in grave doubt. The purpose of the ENTIRE Constitution is not to placate the various factions of the electorate, but rather to protect each minority of one for every one of those individual minorities EQUALLY and to preserve those liberties FOR ALL! You are not covering up your true leanings very well at all!

Then you wander all over the place as if you're a living & breathing oxymoron! Your shotgun has too wide a pattern for any consideration of such an amendment!
 
The amendment would come with two sections. The first section would explicitly constrain the spending powers of the federal government to the “enumerated” powers listed AFTER the first paragraph of Article 1 Section 8 as well as any spending powers granted by constitutional amendments. The second section of this amendment would instruct Congress that it has the duty and power to guarantee that all US citizens who live at or below the poverty line, have access to affordable healthcare amenities.
So these two section would effectively have no effect on the health-care situation as it is now. The first part merely re-states what the Constitution already says. The second section elevates the provisions of of EMTALA (currently a federal law) to Constitutional Amendment status, but doesn't change it otherwise.

For one, it could allow for the federal government to greatly downsize its involvement and interference with matters that states can manage themselves.
This was one of the main goals of the people who originally wrote and ratified the Constitution. Bravo! Careful how you do it, though.

The federal government could probably even, without much controversy, simplify the personal and business income tax code down to a much lower fair and flat rate.
"Without much controversy"??? You are new here, aren't you? :biggrin:

This amendment could also allow for the elimination of the payroll taxes that fund Social Security and Medicare.
No amendment needed for that. They are already unconstitutional. Why do you think an amendment would change the Fed govt's actions, when they are already violating the Constitutional provisions they don't like?

This money would essentially be redirected back to the states, wherein the states could develop their own systems to addressing these concerns.
Good plan. And good luck implementing it. A flat tax would be much easier to get 3/4 of the states to agree with... and it won't be easy. But a walk in the park compared to this one.
 
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Welcome to the board "MPS777"! What are your other tags?

Now as to your being a "fairly centrist/apolitical" person. With such definite far RW leanings like concrete "original intent" positions re: the Enumeration of Congressional powers you've tipped your hand putting your introductory claim in grave doubt. The purpose of the ENTIRE Constitution is not to placate the various factions of the electorate, but rather to protect each minority of one for every one of those individual minorities EQUALLY and to preserve those liberties FOR ALL! You are not covering up your true leanings very well at all!

Then you wander all over the place as if you're a living & breathing oxymoron! Your shotgun has too wide a pattern for any consideration of such an amendment!

I'm not sure there was no "placation" involved in writing the constitution. The "3/5" clause seems to be a placation, in the sense that that it was a compromise between different factions of the country. Also there is more directives stated in the constitution then those that explicitly preserve liberties. For example when it says to "establish Post Offices and post Roads" that is more about general welfare. Indeed, one of the stated goals in the preamble is to "...insure domestic Tranquility, provide for the common defense, promote the general Welfare..."

And I'm not sure I really have "right wing" leanings, just because I believe in following the constitution strictly. I just believe that returing to a more limited federal government would go a long way to restoring greater domestic tranquility. The way I see it, the new deal essentially exploited a vulnerability in the constitution (I'm a computer science guy). By pushing social security through using the general welfare clause, they essentially broke down the entire wall between the role of the federal government and state governments. By creating an amendment that explicitly removes the ability of congress to fund whatever it wants by justificaiton of "general welfare", much spending would necessarily have to return to the states.

And I do suppose that I believe that health care, at a certain point, should be a right. However I don't think that everone should be paid for at all times by public funds. But if a person literally has no funds (i.e. is in poverty), then the only guarantee for them to receive that right, fundamentally is through backing of the government. Now this I don't think should be particularly controversial. We as a nation would only really be constitutionally codifying what we are already doing.

I am pairing the two sections of this amendment, becauas I think that it would be a way for the two "sides" of the political spectrum to agree to the amendment. One section without the other, I believe, would never be ratified.
 
>>>So these two section would effectively have no effect on the health-care situation as it is now.

Well it would have the effect of the federal government no longer paying for Medicare. From the estimates I've seen, people on average pull three times as much out of the medicare system as the pay in. Most of these people live above the poverty line, thus any taxing/spending for them would no longer be fall under the jurisdiction of the federal government. Ditto for Social Security. I believe the affect would be that the federal government would no longer be on the hook for Medicare, Medicaid expansion / Obamacare, or Social Security. That's a large reduction in federal taxing/spending.

>>>The first part merely re-states what the Constitution already says.

Yes but unfortunately not many people actually believe that anymore. I think I've only heard about two Republicans ever say the that the "general welfare clause" is being abused. I performed a cursory read of the "constitutional originalists'" dissent of "National Federation of Independent Business v. Sebelius" (the Obamacare supreme court case), and they seem to be only concerned with abuse of the commerce clause. However after reading excerpts from the Federalist Papers, I think its unavoidable to come to a conclusion other than that the original intent for the "general welfare" clause was that it be a catch-all for specific spending powers that follow. That's why public education was traditionally funded at the state level. But seeing as how even "constitutional originalists" can't seem to interpret the general welfare clause "correctly", I think it necessary to explicitly delegitimize it as a spending power in itself, thus settling the issue beyond a fickle judge's ability to mince words.

>>>"Without much controversy"??? You are new here, aren't you?

I know what you mean, but I think that if the federal government isn't taxing/spending nearly as much money, then the method by which it goes about its taxation should be less emotionally charged for people.
 
>>>And the lazy fat ass mooching losers who refuse to work a job? I'm supposed to pay their bills?

Under this plan, any US citizen at or under the poverty level would get health care coverage, just like they do now. But you’d potentially have the option of paying less for people you don’t think deserve it. Most Social Security disability type spending would be left as an option for the states. You could “vote with your feet” to live in a state that chooses not to be generous to people with disabilities. The federal government would no longer be paying for anyone’s phones, cushy apartments, college tuition, etc. Ultimately it would mean you’d get a huge federal tax cut because the feds wouldn’t be spending on anymore “general welfare” items, but instead, just on specifically defined powers.
 

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