McGlawn’s Mantra

 

By Chuck McGlawn 2018

 

In the US today we have approximately 160,000,000 adults, divided between men and women, divided again among 50 States, divided again between employment in the public or the private sectors, divided again between hundreds or thousands of professions, careers and duties. These millions separate themselves again by personal interest, hobbies, and different activities physical and mental. Additional diversity manifests itself by political division (Rep. Dem. Lib. Grn. ETC.) Additional diversity arises from attitudes toward each issue, (Conservative, Liberal or Libertarian). All of these differences are inputs to some degree in creating diversity.

 

The diversity that I have so inadequately tried to describe above does not even scratch the surface of the diversity that exists within the borders of the US. We are a collection of people that are so individualistic that no two have the exact same total agenda. Talk about people as snowflakes, with no two alike. Is it any wonder that with all that individuality and diversity with its accompanying multiple cross purposes that is built into our system that grass roots efforts to change or divert the bulldozer of government expansion has failed. We need a way to coral all of this individual diversity regardless of their far-flung self-interest, to somehow move in the same direction.

 

There are two ways to accomplish this seeming impossible end. The first being, to educate enough American voters so, that will then take an active role in legislative selection, so as to vote out the tax and spend law makers, in favor of economically conservative lawmakers. We have been engaged in that effort for the last sixty years, to no avail. The second way is; if, and it is a gigantic if: We have been suggesting this as your mantra since 2005.

 

 “Reduced the size of the DC Government to its constitutionally limited size, this would create a vacuum in the taxing and regulating departments. (The Constitution did not delegate to the DC Government a lot of taxing and regulating powers.) If this were to happen the 50 State Governments would quickly fill these vacuums, separately. With the 50 separate States, tinkering with taxation and regulation powers some State would stumble onto a formula of governance that would produce a bump upward in prosperity. Other States would see and begin to imitate the prosperous State, modifying their taxing and regulating slightly to better accommodate their unique location and their unique population which produces even better results, and so forth, and so forth, and so forth”   [You have my permission to use the mantra early and often you may even have it printed on your business card.]

 

Frankly, I am not sure the second step can ever be accomplished. But, let me quickly say, it is the shorter of the only two routs toward prosperity. Gentle reader the first process was started in the 1950s. Let me ask, how that has that approach worked out for us? The answer is that, while we have been working tirelessly to reduce the size of government for sixty years, there is no indication that we have slowed the process one iota. From Liberal Presidents like Johnson, Carter, Clinton and Obama through Moderate Presidents like Eisenhower, Ford and the two Bushes, to Conservative Presidents like Reagan. The growth in the size and intrusiveness of government has remained unchecked.

 

Over the past 60 years we have vacillated between tax and spend Democrats. who never saw a social program they didn’t like, and the borrow and spend Republicans. who never saw a war making program that they didn’t like. During those Sixty years we have not produced a single Administration that successfully reduced the size and reach of government. Toward being able to accomplish the second method, remember we have a roadmap, to a small DC Government, we have a blueprint for small DC Government; we have clearly defined guidelines for a small DC Government. The roadmap, blueprint and guidelines for a small DC Government have been right before our eyes for almost 242 years. I refer to the Declaration of Independence. Within the Declaration of Independence, in the second paragraph we have a clear description of man’s proper relationship to his DC Government. If enough voters accepted this paragraph, that is just one sentence, as the “Mission Statement” for our DC Government, we could easily use that blueprint to create a DC Government of a size that would fit into the Constitution.

 

In just a few words, one can show clearly, the definition of our DC Government. Using the highly respected and much supported Declaration of Independence, to achieve this clarity. Direct your attention to just the first sentence of the second paragraph of the Declaration of Independence. A carefully thoughtful reading of that simple sentence can provide the understanding necessary to fashion a small DC Government.

 

The Declaration of Independence says, We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights that among these are Life, Liberty, and the pursuit of Happiness…

 

What powerfully insightful words; that the truths therein are “self-evident” and confirmed by observation. Then it goes on to reveal, that man’s rights, (Life, Liberty, and the Pursuit of Happiness) are “unalienable”, which means they cannot be taken away. It includes the dictum that these rights are granted by the Creator or nature, called natural law.

 

Looking closer, you have three and only three RIGHTS. Simply by being born you have the right to LIFE. Moreover, you have the RIGHT to do with that LIFE anything you want to do. That is LIBERTY. You have the RIGHT to plan and conduct that LIFE in a way that you think will maximize your happiness. These are all yours ostensibly without any interference from the DC Government, so long as what you do does not interfere with another’s RIGHT to do what he/she wants to do with their LIFE. I make a distinction between DC Government and State Government because we have a blueprint for a DC Government, but not a blueprint for State Governments. State governments will be molded and modified not by a blueprint of central planning, but by the “Invisible Hand” of the Free Market competition between the States for populations, (Read populations as their tax base;No one wants to lose their tax base.)

 

Next, the framers make a vitally important assertion. “That to secure these rights”, (notice here, that these are rights that we had even before we had governments to "secure" them.) “Governments are instituted among Men”. Please note exactly what is taking place here, the people within each of the thirteen former British Colonies converted automatically into separate sovereign States are going to engaged in a compact with our (soon to be formed) DC Government to “secure” (that is to protect) our rights. It is also important to note that delegates from the thirteen separate States fashioned a Constitution that limits the DC Government, and therefore the States precede the DC Government. This means that the DC Government is the agent of and servant to the States and the people within those States and not the reverse. A reminder is necessary here. We are talking about our DC Government, State Governments are not held to this high standard. Remember that States had established governments before these criteria were laid. Some States had State religions, other States allowed slavery. It was clear that the DC Government was not brought into existence to “fix” the State Governments. It was representatives from the sovereign States that convened the Constitutional Convention. Their goal was to knit the thirteen sovereign States into a Federation.

 

The separate sovereign States were jealous of their powers, and the powers they delegated were few and well defined, reserved powers of the States and the people within those States were many and undefined. (See The Fedeeralist Papers #45.)

 

Now the framers are going to designate from where our DC Government gets its powers, and at the same time put an important limitation on that DC Governmental power. The Declaration of Independence says, “Governments are instituted among Men, deriving their just powers from the consent of the governed.” There you have it. If our DC Government gets its powers from the governed, it would naturally follow that man cannot create a DC Government and give to that DC Government powers that individual man himself does not have. Let me say that again. If government gets its powers from the governed, then the DC Government being created cannot have powers that individual man does not have.

 

A question or two are in order here; does man have the right to defend his own life and property? YES is the answer. Therefore, man can institute a DC Government and share with that government the power to protect life and property, and tax himself to finance that shared function. In fact, the ability to share these powers is the justification for a military and a judicial system.

 

Now, do you as an individual person, have the right to take money from others and give that money to someone else that you think needs it more? The answer is NO. Therefore, it would follow that if man does not have that right to do it as an individual, then he cannot create a DC Government, and to give to that DC Government powers individual man does not possess. This means our DC Government can have no justified power to extract taxes from you to educate children. Our DC Government cannot be empowered to educate children, no matter how badly the population may think children need educating. Educating children can be the job of the States if they choose to take on the job. It means that our DC Government can have no power to extract taxes from you to fund social welfare, no matter how needy the population may think some people are. It also can have no power for health care providing, business promoting, Park building. The DC Government should not be involved in educational standards setting, régime changing, weather reporting, democracy spreading. The DC Government should not be spending tax monies on aid to other Nations, database keeping, farmer saving, speed limit setting or toilet designing. No matter how large a budget surplus our government may have it should never spend taxes on E-Mail reading, phone tapping, corporate bailouts, or the dozens of other things that the DC Government is either financing or regulating.

 

Let me mention just one natural result of this change. If the Declaration of Independence is adopted as the “Mission Statement” for our DC Government, and if all of those broad powers, and many many more too numerous to mention, were to be removed from our DC Government, would there be a need for an IRS? The answer is a resounding NO.

 

By creating a DC Government that is limited to the powers that individuals had before he had a DC Government, would in effect divide all of that power that is exercised by our DC Government among the 50 State Governments and the people within those 50 States, as it was originally intended. The DC Government would still have the power to maintain a DEFENSIVE military. You may be asking why I emphasized defensive? It is because DEFENSIVE is the only power YOU have that you have to share with the DC Government. The DC Government would still have the power of the Judicial Branch to settle disputes between States.

 

This would in effect impose the “the invisible hand of the Free Market System” onto the 50 separate States and turn our States into Wal-Marts and K-Marts competing with each other for populations. Would we have to pass laws to stop those “Horrible” lobbyists? No with no power to peddle at the DC Government level the lobbyist would just go away like the buggy whip disappeared in the 20th century. Then Corporations that had been paying to lobby huge amounts of money to garner a corporate advantage would be forced to maintain a market advantage through product or service improvements. Without lobbyist on the payroll corporations would dirvert that money to--- actual product improvements, or increase dividend payouts to stockholders or paying higher wages to their employees, or perhaps a little of all three.

 

Trickle-Down Efficacy

With the DC Government’s power in check we turn to the States. Today there are approximately 5 million State Government employees. Let me ask, what is the main concern for most of those 5 million? The answer is to have a job next year, that gentle reader is a formula for inefficiency. There is no real thought of those State employees toward delivering “Betterment” to the citizens of their respective States. However, if States had to compete with 49 other States for populations it would convert most of those well trained and well educated State employees into more conscientious employees, always seeking lower operating cost, always striving to become more efficient, always thinking of ways to deliver “betterment” to the populations of their State so as to maintain their tax base, and therefore their jobs.. This would convert our State lawmakers into writing and passing or repealing laws that would benefit the populations of their State. In addition, the questions about term limits would become moot. Because if some lawmaker maintained his/hers pattern of voting, he would be looking for a job after the next election. It would turn our State legislature into a meritocracy. The more efficient State Governments, would begin to pressure County Governments, who would in turn pressure City Governments

 

Another unintended consequence that would begin to surface would be the knowledge that the voter within a State County, or City could affect their governments through the voting. Our lawmakers would be beholden to voters and not Corporate or special interest. This would make interest in governmental matters higher among an individual’s priorities; likely way ahead of knowing the scores of the last sporting event, or who the starting pitcher or quarterback will be in the next big game.

REAL IMMIGRATION REFORM. Solving The Problems.

 

by Chuck McGlawn 08/05/2018 Edited 06/24/2019 Edited 09/02/2020

Immigration Reform in “Congress Speak” means; Minor changes in the immigration laws that do one of three things. First, it changes nothing. Second, it helps the majority party. Third, it hurts the minority party.  

Immigration Reform

This is not comprehensive immigration reform. With some additional fine-tuning all real fears of guest workers' entry into the US could be addressed. 

Almost no one is in favor of open the borders. But a willingness to let in as many Guest Workers as would like to come into California should be considered. And other states could follow suit. With no Constitutional powers over immigration States could determine their own immigration policies. (See 10^th Amendment above, and  Madison’s Federalist 45, “The powers reserved to the several States will extend to all the objects which, in the ordinary course of affairs, concern the lives, liberties, and properties of the people, and the internal order, improvement, and prosperity of the State.”  .) 

This could mean that immigrants instead of paying a “coyote” three to five thousand dollars and risking their lives in the process, could pay, say two thousand dollars that goes into a “Make Citizens Whole Fund” and be welcomed into California’s Guest Worker Program with legal status for as long as they obeyed the laws. 

The Guest Worker status would be good only in California. Or in any other state that adopts a “Compatible Guest Worker Program”. Guest workers would be taxed only by the State in which they work at a rate that would keep the “Make Citizens Whole Fund” at a safe level. If the fund began to dip, the “Tax Rate” could be raised to keep the fund at a safe level. If the FUND began to grow beyond needs the tax rate could be reduced. 

After the cost of photographing fingerprinting, retina scanning, and DNA testing (Estimated $300.00) the 2.6 million illegals in California (best estimate) would create around 4.5 Billion Dollars for the “Make Citizens Whole Fund”. This fund would pay for health care services for the guest’s workers when needed. (Immigrants would not qualify for any kind of publically funded medical services except at volunteer funded clinics.) If a guest worker was caught trying to use fake papers to get the emergency medical attention he would be cited and fined and a $2,000.00 debt to the “Make Citizens Whole Fund” would be levied. 

He would be treated, but the treatment would be paid out of the “Make Citizens Whole Fund” He would be issued a Guest Worker Identification, and begin paying a tax into the “Make Citizens Whole Fund” Additionally, a part of his salary would be garnished to repay the $2,000.00 fine/debt. [Note if five States had Identical Guest Worker criterion The Guest Worker could move around those five States legally. As the size of the group increased (More States joining the group) the amount taxed could be reduced.] If a guest-worker became unemployed he would receive full pay for days worked and ½ pay for days not worked on his regular payday. Repeated applications for unemployment payments may raise the question of suitability as a Guest Worker. 

If a Guest Workers broke a law in California up to and including some types of minor felonies, they would be treated just like citizens of California. If they ignored their court date and were caught on another charge severe penalties could be levied including deportation. If Guest Workers were incarcerated for a crime, he or she would be required, while in prison to do productive work to pay for their incarceration to pay for their room and board. If they refused this arrangement, they would be deported, or do HARD TIME (Some kind of low level physically demanding work and minimum living conditions and food choices paid from the “Make Citizens Whole Fund”.) If they are repeat offenders (Something like three strikes and you are OUT) the offender’s Work Visa would be revoked and he would be returned to his country of origin, paid for by the “Make Citizens Whole Fund”. He may be allowed to reenter, but an additional $2,000.00 entry fee would be due.

However, some kinds of violent crimes would call for immediate deportation with a no reentry addendum. If after deportation, for whatever reason, any immigrant did reenter California (Or compatible State) and was caught, they would do HARD-TIME. (See above) Not only time for the crime of reentering a compatible State but also additional time for the crime that they committed that caused the deportation.

If they were caught outside a compatible State they would be subject to the laws of the State in which they were caught. 

Immigrants would be able to acquire a “Compatible State” Guest Worker Drivers License so they could drive their own or company vehicles, or a simple “Compatible State” Guest Worker Identification Card. They would be required to buy Auto Insurance if and when they purchased their own vehicle. (Valid in a compatible State only.)

If any of the 2.6 million illegals (best estimate) that reside in California do not apply for Guest Worker status, they would indeed then be illegal immigrants. If caught they would be cited and fined subject to photographing fingerprinting, retina scanning, and DNA testing and given Guest Worker status, and the two thousand dollar entry fee would be deducted from their pay. If they were caught using fake Guest Worker documents they would be deported, or choose HARD TIME incarceration. (See above) 

This plan is just basic it could be fine-tuned to provide much information about the real (not the imagined) value of each Guest Worker, and the Guest Worker program as a whole. 

Citizen fears that this program would eliminate:

1.     We would have eyes-on every person applying for a Guest Worker Visa. What terrorist would subject themselves to the photographing fingerprinting, retina scanning, and DNA testing?

2.     The terrorist would be forced to enter California or any Compatible State through the treacherous desert. Border Patrol agents would know that almost anyone entering the country in any other way than the government entry points is likely entering for the wrong reasons.

3.     Costly Border Patrol agents would be replaced by technology, drones that detect body heat could track the progress of the illegal trespasser and agents could be waiting at the projected destination with hand-cuffs ready for incarceration.

4.     Guest Workers could come and go at will to visit wife and children, eliminating the urge to have their family enter illegally.

5.     Guest Workers would make more money as they could apply for jobs that utilized their most valuable skills. As opposed to finding any kind of work that they could be hired to do.

6.     This more stable income would foster renting an apartment, or a studio, or even a room, as opposed to five guys renting a garage.

7.     An open society where people can work and earn and build a future will have something invested in that future and will by attrition become more responsible Guest Workers.

8.     Immigrants steal our jobs and reduce our wages. First of all neither is true, unless you happen to be a high school dropout. They make up only 7% of the US workforce. All other segments of the workforce get a bump up in employment and wages. That includes HS Grads, workers with some college or College Degree, or advanced Degrees.

9.     This Guest Worker Program would shorten the line for those who want to immigrate permanently and become Citizens.