A Plan to Renew the Promise of American Life
Summary of All Recommendations
Plank 1. Ensure ballot integrity.
1.1. To safeguard the sanctity of the ballot in federal elections: 1) permit only citizens of the United States to vote, 2) require states and localities to keep voter lists cleaned up on a continuous basis, 3) require a valid form of identification for in-person voting, 4) require that absentee and online ballots be notarized or verified in some reasonable way, and 5) encourage states to join an interstate compact for sharing voter-registration information on a real-time basis.
1.2. To maximize voters’ confidence in election results: 1) eschew voting-by-mail schemes, 2) make same-day registration at least as secure as pre-election registration, 3) make online voting at least as secure as online banking, and 4) permit voters to photograph their completed ballots for future reference.
1.3. To ensure a reasonable simultaneity of voting, restrict early-voting periods to no more than seven calendar days immediately prior to election day. To reduce gaming and coercion, do not allow votes to be changed, once validly cast.
1.4. To encourage higher voter turnout, publish the fact of whether a person has voted in a given election, after the polls have closed, without revealing how he or she voted.
1.5. To strengthen voter satisfaction with election results, and to obviate the need for recounts and runoffs, adopt instant-runoff voting, also known as full preferential voting.
1.6. To recover the benefits for voters of political parties: 1) greatly increase ballot access for third and minor parties, 2) allow only party members (as defined by the party, not the government) to vote on internal party matters, including nominations, 3) encourage parties to employ Utah-style neighborhood caucuses instead of primaries, and 4) abolish open (“cross-over”) and non-partisan (“jungle”) primaries. In doing these things, always strictly enforce the civil rights of all citizens.
1.7. To ensure that voters choose their representatives and not the reverse, take reasonable steps to minimize the evils of gerrymandering, such as the use of independent nonpartisan commissions guided by sensible rules. Do not let judges draw district lines.
1.8. To keep Representatives and Senators dependent on their constituents, eschew proportional representation schemes. Stick with geographic districts.
1.9. To encourage wiser deliberation in lawmaking, and a salutary stability in the law, eschew such Progressive-era “direct democracy” reforms as “initiative, referendum, and recall.” Instead, leave legislative questions to the people’s elected representatives.
1.10. To prevent a few populous states from dominating presidential elections, preserve the Electoral College and eschew the National Popular Vote Compact and similar schemes that would subvert the Founders’ wise and highly successful system.
1.11. To bring the House of Representatives closer to the people, expand the House slowly over time. Specifically, after the next census expand the House to 500 members. Thereafter, whenever a new state joins the Union, expand the House by at least ten seats, distributing the new seats by population as is done after each census.
1.12. To make Senators and Representatives more productive, 1) compensate them on a per diem rather than a salaried basis, paying them only for days actually worked, and 2) permit them to vote remotely, at reduced pay, from a district office or their state’s capitol building.
1.13. To get “money out of politics,” repeal existing federal campaign-finance laws and leave it to states to regulate campaigns, as the Founders intended, while restoring limits on federal power and dramatically shrinking the size and scope of government—the only sure ways to diminish political corruption.
Plank 2. Restore consent-based citizenship.
2.1. On a prospective basis, restore the Founders’ principle of consent-based, rather than birthplace, citizenship. Do this by executive action or statute, or, as a last resort, by constitutional amendment. Specifically: 1) cease granting automatic U.S. citizenship to the child of a sojourner or unauthorized entrant, regardless of where the child is born, and 2) going forward, grant U.S. citizenship automatically only to the following: i) the natural child of a U.S. citizen, even if born abroad, and ii) the natural child, born on U.S. soil, of a non-citizen who is either (a) a permanent resident alien or (b) serving on active duty in the U.S. armed forces.
2.2. End dual citizenship, which should be anathema in a republic. Automatically withdraw U.S. citizenship from any person found to hold foreign citizenship, if the person, after a reasonable grace period, has not voluntarily renounced that citizenship. But do not penalize anyone who voluntarily renounces his U.S. citizenship.
2.3. Reform U.S. immigration laws to secure the borders, protect national security and the public health, and improve the quality of authorized immigration. Specifically: 1) maximize legal immigration by high-skilled workers likely to assimilate, 2) minimize immigration by persons unlikely to assimilate, 3) halt immigration by any class of persons whose presence in large numbers would disturb the nation’s political or economic tranquillity, and 4) stop impressing employers into the service of our immigration agencies.
Plank 3. End judicial usurpation.
3.1. Appoint to the bench only principled originalists with an ample paper trail. No stealth candidates.
3.2. Alter, by legislation or attrition, the number of seats on each federal court, including the Supreme Court, to give principled originalists a majority.
3.3. Diminish the reach of rogue appellate courts by increasing the number of federal circuits.
3.4. Alter the jurisdiction and powers of the federal judiciary to rein in rogue judges, for example, by stripping lower courts of jurisdiction in sensitive areas and eliminating “national” injunctions.
3.5. Limit the damage caused by erroneous judicial rulings, and give courts more opportunities to reverse them, by aggressively employing narrow interpretation and “distinguishing.”
3.6. If the foregoing reforms prove insufficient to end judicial usurpation, restructure the Supreme Court to permanently alter the justices’ incentives. Specifically, amend the U.S. Constitution to provide that henceforth justices of the Supreme Court will be appointed by the states, with each state filling one seat and no justice serving more than, say, twelve years. Have the governor nominate and the state senate confirm or reject, as happens at the federal level now.
Plank 4. Abolish income taxation.
4.1. Tax consumption, not production—goods, not people.
4.2. Abolish all forms of federal income taxation, including personal and corporate income taxes, payroll taxes, wage taxes, gift and estate taxes, and taxes on interest, dividends, and capital gains. Do this by statute rather than waiting for a constitutional amendment.
4.3. When repealing the personal income tax, be sure to repeal payroll taxes at the same time, so as not to leave a taproot for the former to reappear. But repealing payroll taxes alone is acceptable, as a first step to complete income-tax abolition.
4.4. Once income taxation has been ended, close the barn door on possible future backsliding by amending the Constitution to specifically and permanently remove Congress’s power to lay and collect taxes on incomes, from whatever source derived.
Plank 5. Rely on duties and excises.
5.1. In lieu of income taxation, fund the federal government exclusively with duties and excises, with a little help from user fees and land sales. Prefer this approach over such attractive but flawed proposals as a VAT, a Flat Tax, or the FairTax.
Plank 6. Restore sound money.
6.1. To secure the blessings of sustained and robust health in the economy, and fiscal common sense in government, restore constitutional money and popular control of the money supply through a system of free banking, free minting, and free choice of currency.
6.2. Scrupulously adhere to the Constitution’s five monetary rules: 1) The basic unit is the dollar, a silver coin containing 371.25 grains of pure silver. 2) Only gold or silver coins, or currency backed by the same, are legal tender. 3) No state may issue coins or currency. 4) No one may counterfeit U.S-government-issued coins or currency. 5) Fiat money is forbidden.
6.3. Abolish all taxes and penalties on gold and silver coins and currency, regardless of issuer or denomination.
6.4. Resume the issuance of constitutional money, that is, United States gold and silver coins, as set forth in the Coinage Act of 1792, and currency notes backed by the same, taking care to set the exchange rate between constitutional and fiat money at a stable, nondeflationary price. Over a period of years, gently remove all fiat money from circulation, replacing it with constitutional money.
6.5. Revise the federal legal-tender statute (31 U.S.C. 5103) to declare that gold and silver coins and currency, regardless of issuer or denomination, are sufficient for the payment of all private debts, and that United States gold and silver coins and currency are sufficient for the payment of all public charges, taxes, and dues. “Currency” here means banknotes that are fully backed by, and readily redeemable in, specie.
6.6. Revise the federal gold-clause statute (31 U.S.C. 5118) to restore the enforceability of valid private contracts that require payment in gold or silver coins or currency.
6.7. Permit the public to freely exchange bullion for specie at the Mint on demand. And likewise, specie for specie-backed notes, and vice versa, at the Treasury.
6.8. Allow any bank, not just a privileged central bank, to issue specie-backed notes that may lawfully circulate as currency.
6.9. Regulate banks lightly and promote free competition between banks. Make market entry easy. While allowing fractional reserve banking, take care never to provide taxpayer bailouts or guarantees for banks that overextend themselves. Keep the bankruptcy laws just, as between creditors and debtors. Eliminate federal deposit insurance.
6.10. To keep both gold and silver in continuous circulation, amend the Coinage Act from time to time to alter the precious-metal content of United States gold coins.
6.11. To keep the coinage honest, mark all United States gold and silver coins to show the coin’s actual precious-metal content, both in terms of weight in troy ounces and purity in parts per thousand.
6.12. Overturn, by statutory and judicial means, the mischievous doctrines of the Legal Tender and Gold Clause Cases, which erroneously attribute to the U.S. Government “plenary” economic powers alleged to be “inherent” in national sovereignty, but which are in fact antithetical to the constitutional text and to the spirit of free republican government.
Plank 7. Limit debt.
7.1. Establish, by constitutional amendment, an enforceable cap on total federal debt. The amendment should do all of the following: 1) permit no federal spending beyond current receipts, except for amounts borrowed in strict conformity with the amendment, 2) provide that authorization for any borrowing above the debt cap requires the approval of a majority of the state legislatures, 3) enforce the cap with presidential sequesters and impoundments, and 4) punish any breach of the cap with strong, credible penalties for the federal officials responsible for the breach. Good models to draw on in drafting such an amendment include the Do Your Job Amendment and the Compact for America Balanced Budget Amendment.
7.2. If necessary, in order to get around a runaway Congress, originate the debt limitation amendment via the states rather than Congress, that is, by way of an Article V convention. In order to put to rest all concerns about a runaway convention, coordinate the amendment drive by means of a legally binding interstate compact that includes the actual text of the proposed amendment and the rules for a brief plebiscitary convention, whose sole purpose is to vote up or down on that amendment without change.
Plank 8. Freeze peacetime spending.
8.1. Generate routine, modest surpluses by means of an enforceable spending freeze. Devote surpluses first to debt reduction, then to tax relief.
8.2. Establish, by statute, a cap on total federal peacetime outlays, defined initially as a share of GDP and then, after the restoration of sound money, as a specific number of dollars.
8.3. Enforce the statutory outlay cap by means of automatic sequesters and mandatory presidential impoundments of unspent funds.
8.4. Prevent net spending increases by offsetting spending increases (and tax cuts) with spending cuts of equal or greater value.
8.5. Prevent net tax hikes by offsetting tax hikes with tax cuts of equal or greater value. Never “pay for” tax cuts with tax hikes.
8.6. To make federal spending more manageable, convert the form of spending, wherever possible, from permanent to annual (that is, from “mandatory” to “discretionary” appropriations).
8.7. To reduce unproductive friction in the appropriation process, send the president five or six dozen appropriation bills each year instead of the traditional dozen or so.
Plank 9. Devolve unconstitutional spending.
9.1. Review all 2,200 federal departments, agencies, programs, and activities, to determine whether each is constitutionally authorized and best carried out by the federal government, as opposed to the states or private actors.
9.2. Eliminate or devolve every federal department, agency, program, function, and activity that is not constitutional, necessary, affordable, and moral.
9.3. Follow a basic strategy of block-and-devolve: If it cannot be justified, eliminate it. If it cannot be eliminated, devolve it. If it cannot be devolved, block-grant it. If it cannot be block-granted, reform it to make it block-grantable, and then block-grant it. And then, as soon as possible, devolve it.
9.4. Eliminate or devolve to the states all special preferences, welfare, and grants-in-aid, and all income-support programs not associated with federal employment.
9.5. In the special case of joint state-federal programs like Medicaid, where block-granting them may be impeded by state reluctance, then, as a first step, convert such programs into all-federal programs (i.e., relieve states of the financial burden of financing them), in order to get them under control, and then later reform them, to make them block-grantable or devolvable.
9.6. As a first step to facilitate the necessary reform of Social Security and Medicare, and thus to facilitate their eventual, smooth transfer to the states, eliminate the federal payroll tax and fund these programs entirely from general revenues.
9.7. As a matter of principle, make participation in all federal welfare, health insurance, and income-support programs optional for individuals. For example, eliminate the individual mandate penalties in Obamacare and Medicare. In the same spirit, soften the late-enrollment penalties in Medicare Parts B and D. And do not impose such mandates or penalties under other guises.
Plank 10. Shrink the cabinet.
10.1. Reduce the number of cabinet departments from fifteen to no more than, say, eight.
10.2. Reorganize the executive branch to place all federal agencies, boards, commissions, and government-sponsored enterprises under a cabinet secretary who reports directly to the president.
Plank 11. Make independent agencies accountable.
11.1. Amend the organic statutes of all executive-branch agencies, including so-called independent agencies, to bring their missions and powers into strict conformity with the Constitution.
11.2. Make the politically appointed leaders of every executive-branch agency, including the chairmen and members of all boards and commissions, ultimately answerable to the president and removable by him at any time without cause.
11.3. Amend the Constitution to provide that a majority of the states may repeal any federal law or regulation.
Plank 12. Sell unneeded federal land.
12.1. Sell all unneeded federal land immediately to the states or the private sector, but take special care to protect national parks and other precious federal lands from human damage and commercial development. Specifically: 1) Lease lands designated as precious to the states under tight federal restrictions and supervision, for a period not to exceed 99 years. 2) During this transitional lease period, propose and submit to the states a constitutional amendment granting Congress a specific power to create and maintain national parks, national forests, recreation areas, wildlife refuges, grasslands, etc., regardless of state boundaries. 3) Include in the amendment a hard cap on the total size of the federal land portfolio (say, a limit of no more than 10 percent of the surface area of the United States and no more than 10 percent of any one state without the consent of that state). 4) At the end of the lease period, if the amendment has not been ratified, presume that the American people trust the states to manage these treasures and sell the aforementioned lands to the states in fee simple.
Plank 13. Grant territories statehood or independence.
13.1. Bring our practice in line with our founding principles by ending the era of U.S. colonialism, in an orderly way, by a date certain.
13.2. Announce a sunset date for the current political status of all U.S. territories. Before that deadline, grant statehood to any willing territory, if it voluntary opts for statehood, according to the normal constitutional process. After the deadline, declare any remaining permanently inhabited U.S. territory to be independent of the United States of America and invite it to enter into a compact of free association with us. Currently, there are five permanently inhabited U.S. territories: 1) the Commonwealth of Puerto Rico, 2) the Virgin Islands of the United States, 3) Guam, 4) American Samoa, and 5) the Commonwealth of the Northern Mariana Islands. In making the offer of statehood, remind the territories that any territory that opts for statehood may merge or subdivide with other states or territories as it may prefer, with the consent of Congress and of the other states or territories concerned. Soon after the sunset date, fold any remaining territory or waters not granted statehood or independence into the nearest U.S. state.
13.3. Grant statehood to the District of Columbia by way of a constitutional amendment, leaving a small area for the permanent seat of government, inside the boundaries of which no person shall be permitted permanent residency status. If necessary, in order to preserve the partisan balance in the Senate, wait to formally admit the new state until there is another state seeking admission.
13.4. Reduce the U.S. global footprint. Specifically: 1) renounce unnecessary U.S. land claims, 2) work to resolve outstanding foreign land claims peacefully, and 3) shrink the number of overseas U.S. military bases and garrisons to a minimum.
Plank 14. Update our public symbols.
14.1. To increase voter turnout, hold federal elections on the second Monday in May instead of the first week of November and make Election Day a federal holiday.
14.2. As a result of the foregoing change, convene Congress on June 1st instead of January 3rd (which will eliminate congressional lame-duck sessions) and inaugurate the president on July 1st instead of January 20th (which will shorten presidential transitions).
14.3. To simplify federal budgeting, begin the federal fiscal year on January 1st instead of October 1st.
14.4. Update the ten federal holidays, and the images on United States coins and currency, to celebrate American principles and achievements.
Revised: June 4, 2016.
Published: June 21, 2013.
Author: Dean Clancy.