- 1 Reforms
- 1.1 Judicial Reform
- 1.2 Land Reform
- 1.3 Budget Reform
- 1.4 Tax Reform
- 1.5 Education Reform
- 1.6 Electoral Reform
- 1.7 Trade Reform
- 1.8 Immigration Reform
- 1.9 White House Reform
- 1.10 Business Reform
- 2 Prospective Legislation
- 3 Sources
The following reforms are introduced, many for the first time, in 'Defending Conservatism.' The following is generally intended as a simple summation of my proposed solutions, for detail on why they are appropriate and necessary, see the book.
The entire judiciary, with the exception of the Supreme Court, is based around a series of judiciary acts passed by Congress. The U.S. Constitution, as seen from Article III, merely necessitates the institution of a Supreme Court. How many justices are on the Supreme Court is not stated by the Constitution, and the Supreme Court is given only limited power to hear cases constitutionally. Congress passed numerous judiciary acts throughout history changing the structure and scope of the courts, including the number of Supreme Court Justices.
Modern Judiciary Act
A modern judiciary act is sorely needed, as the judiciary has begun the decline to tyranny which Thomas Jefferson predicted when he warned "That to suffer the civil magistrate to intrude his powers into the field of opinion and to restrain the profession or propagation of principles on supposition of their ill tendency is a dangerous fallacy which at once destroys all religious liberty because he being of course judge of that tendency will make his opinions the rule of judgment and approve or condemn the sentiments of others only as they shall square with or differ from his own." A modern judiciary act should be created to implement broad reforms to the judicial system in the same way that numerous judiciary acts have done so in the past.
This would be entirely consistent with Article III of the U.S. Constitution which delegates to Congress structuring of the court system, and with Article VI which mandates that judges uphold laws passed by Congress. The President himself is likewise responsible for upholding the laws passed by Congress, and appointing judges he knew would obstruct Congressional laws would violate his own oath of office (Article II, Sec. 3).
Article III clearly states, from the beginning, that the judicial power is subject to Congressional determination, and further states that Congress has the right to specify what the punishments for specific crimes should be, as well as where trial jurisdiction should lie. Not only does Congress have complete authority to institute lower courts at will, but even the Supreme Court can be regulated, since Congress can determine where Supreme Court trials are held and what the punishment for crimes such as treason should be.
|“|| "The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish."
"This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding."
"...but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed."
"The Congress shall have Power to declare the Punishment of Treason..."
Judicial Term Limits, Narrowed Jurisdiction, Prohibiting Plea Bargaining, Etc.
The single most important reform needed from a modern judiciary act is restriction of court jurisdiction, mandating that the courts be accountable to laws passed by Congress (as the Constitution says they should be in Art. VI). Without that reform, the Supreme Court and lower courts will continue to declare laws passed by Congress (e.g. the Defense of Marriage Act) are unconstitutional, that Presidential Cabinet appointments (e.g. Matthew Whitaker) are unconstitutional, and that executive orders are unconstitutional (e.g. the travel ban).
Such a judiciary act should implement term limits on federal judges and Supreme Court Justices, requiring them to be reappointed by the President every 8 years in order to retain their positions. It should also specifically enumerate what fundamental Creator-given rights exist (to life, religious freedom, bear arms, trial by jury, a speedy public trial in criminal cases, a fair trial, and fair imprisonment), restore an emphasis on jury decisions instead of those by judges per the 6th Amendment, remove immunity for public officials to the extent allowed under Article 1, Sec. 6 of the U.S. Constitution, and eliminate plea bargaining. Judges who have voted for gay marriage and against voter-approved ballot referendums (per Obergefell v. Hodges) should be impeached and removed whenever possible at both the federal and state levels, given their opposition to the principle of democracy fundamental to the U.S. Constitution.
My proposed legislation includes many more reforms, including removal of appellate courts so that jury decisions become absolute, freeing of those who don't get speedy trials within 72 hours, removal of onerous fees with courts fully funded by the U.S. Treasury or state funds (e.g. filing fees, fees for jail/prison stays/probation or parole supervision/electronic monitoring devices/arrest warrants, healthcare/medication/court administration/prosecution/court-ordered drug and alcohol abuse treatment), limited jurisdiction of the courts, a prohibition on plea bargaining, and the removal of qualified immunity.
- See also District of Columbia
The District of Columbia should be federalized and taken back under federal control as was historically the case prior to the 1973 District of Columbia Home Rule Act. Given the widespread corruption which has been transpiring in D.C., the mayor and heads of transit, police, shelters, etc. should be federally appointed, either by the President or by Congress. Since elections were instituted in D.C., the Democrats have taken control of the District and are misusing federal funds while creating record levels of homelessness. Shelters intended for the homeless are being used instead to house Democrat protesters even as the rest of the District's poor are abused in an attempt to force them out of the region.
Mandated Sale of Land
Furthermore, the rich are hoarding land across the country so that 90% of Americans live on just 18% of the land, in violation of the 1890 Sherman Antitrust Act. This is due in part to onerous zoning laws and HOAs/POAs which prevent all but the wealthy from purchasing land, even as counties require new construction be done by a few private contractors who give kickbacks to the counties. To resolve the problem, I recommend that landowners with more than 100 acres should be required to sell any of their undeveloped land to anyone who does not own land for $1,000 an acre, and all landowners with more than 1,000 acres should be required to sell undeveloped land to those who do not have land for $500 an acre; ‘undeveloped’ being defined as land which lacks building improvements.
HOAs and POAs should be banned from creating requirements that keep out prospective new residents, and Congress should take control of the situation by standardizing zoning laws (including building requirements) nationwide.
States which have mismanaged federal rest areas along highways by preventing overnight rest there, should have said rest areas federalized, taken under federal jurisdiction, to prevent further mismanagement.
- For prospective legislation, see U.S. Budget Proposal
Reforming the budget requires addressing entitlements, as Social Security, Medicare, and Medicaid alone combine for over 50% of the U.S. Budget. There are two potentially good alternatives for reforming the current system while reducing costs and expanding coverage.
My newest recommendation for reforming healthcare is simpler and based more upon the free market. I recommend simplifying Health Savings Accounts (originally a Republican idea) and using them in conjunction with Direct Primary Care or Fee-for-Service arrangements. In essence, the Federal Reserve should simply provide HSAs to everyone based on a flat formula which determines accrued benefits based on age lived, so that banks are removed as the middleman from the process (which only drives up costs). Furthermore, the funds should be available for use not only in conventional hospitals but for Direct Primary Care or Fee-For-Service arrangements.
With Direct Primary Care, clinics are paid a flat monthly cost to provide all healthcare needed for a patient in a given month, thus motivating doctors to keep their patients healthy while minimizing their expenses and improving their healthcare experience, typically reducing health costs by 75% or more. Not only is cost reduced but wait times are substantially shortened. With Fee-For-Service, clinics are charged based upon the service needed and, because the expensive insurance industry is removed as a middleman, considerable cost savings can be realized. Needless to say, HSAs hold potential to provide a free market solution in reducing health costs if used with alternatives that avoid the insurance industry such as those mentioned.
My original 2009 bill proposed a block grant system to replace the current Medicare/Medicaid/Obamacare system in which government would fund hospitals to provide universal healthcare directly rather than through the expensive and unnecessary middleman, the insurance industry, to reduce costs substantially. Furthermore, voting by patients in hospital lobby voting machines or online about their healthcare experiences would allow better rated hospitals to receive more funds and stay in the system, so that hospitals will compete to provide better quality, lower-costing healthcare. In addressing tort reform, I have proposed sharing of liability by hospitals in medical lawsuits based on the number of hours worked by doctors the week of malpractice incidents, as well as requiring the losing party in medical lawsuits to pay up to $1,000 of the other side's legal fees as a deterrent against frivolous lawsuits.
However, I now prefer the HSA concept because it is simpler, less bureaucratic, and requires less oversight mechanisms and cost.
The U.S. should have never gotten into the retirement business with Social Security to begin with by intruding unnecessarily into the industry, creating a massive government monopoly that has bankrupted the U.S. in the process. Because Americans are living almost 20 years longer than when Social Security was passed in 1965, the cost of Social Security, like Medicare, is skyrocketing, as the U.S. government pays for decades more benefits than the program was designed to sustain.
With that being said, millions of Americans have spent their lifetimes paying into the program and are nonetheless owed the benefits they paid for. Privatization should be the ultimate goal-once the U.S. has funds to privatize, of course. While increasing the age to receive benefits may ultimately prove inevitable, given how much funds (funds the U.S. with its exploding debt crisis does not have) would be required, all possibilities to privatize should first be exhausted.
Border Security Via Returning Troops
Military should be returned from overseas to guard the borders, so that money paid them will be spent here in the U.S. instead of overseas, while also reducing direct war costs (which comprise the bulk of military spending).
Homosexuals should be kept out of the armed forces and taxpayers should not have to fund their sex change operations so they can avoid combat roles, as has been occurring.
The current welfare system should be reformed. Billions of dollars are wasted under the existing SSI program, as millions of able-bodied adults dishonestly lie about being mentally or even physically disabled, putting on acting performances to pretend they are schizophrenic e.g., so they can use the SSI checks to enable their recklessly irresponsible drug and alcohol habits (which the most rudimentary of examinations will show is the major source of spending for SSI money). SSI should be ended, and replaced with alternative programs that genuinely help poor people become self-sufficient. The $59 billion spent on SSI in 2017 could be used to create jobs through public works programs or paying returning veterans to guard the borders.
One possible alternative to SSI would be public works programs such as those used by Franklin D. Roosevelt, in which millions were employed to perform conservation, dig ditches, clean up and repair public buildings and bridges, teach seminars, etc. Group showers should be outlawed in prisons, homeless shelters, and schools to prevent sexual immorality, while allowance should be made for housing of couples in such institutions to stop the government's attack on the nuclear family. Given how automation is resulting in fewer workers worldwide, the job market is becoming more dependent on government itself to create jobs for the poor.
The individual income tax should be simplified, following a study to determine what 10-15 questions best determine overall wealth, with all other questions then eliminated. The corporate income tax should be simplified so that all tax breaks are eliminated aside from a tax break to companies who hire more U.S. workers in relation to company earnings. This would combat the effects of automation and encourage employers to hire maximally. All taxes on interstate commerce should be prohibited except those necessary to support the state inspection process per Article 1, Sec. 9. All previous workers in the IRS from the Obama era should be fired, given the IRS' widespread corruption during that time period, and the IRS should be required to issue explanations from now on for why tax returns or tax-exempt status is delayed. The Sixth Amendment to the Constitution requires a speedy public trial for the accused, yet the IRS can audit taxpayers without any trial process.
Voucher funding on a per-student basis should be allocated fairly from a national fund, so that students from richer neighborhoods do not benefit more than those from poor neighborhoods. Furthermore, taxation of interstate students should be prohibited, as the widespread current practice of taxing out-of-state students three times the tuition of in-state students directly violates Article 4, Sec. 2 of the U.S. Constitution. Accreditation standards for schools and universities should be relaxed and based objectively on standardized test results to ensure religious institutions are no longer discriminated against, as has been occurring.
The entire U.S. election system should be remodeled to replace primary elections with an "Open Primary" election where all candidates run against one another, with the two top vote-getters running against one another in a final, general election. Party leaders, such as those in the GOP and DNC, should be elected by voters for those parties every four years. Presidents, Senators, and Representatives should all be subject to 16-year term limits. The voting age should be reduced to 16 for members of the military and property owners. Those who engage in voter fraud (e.g. Hudson Hallum) should permanently lose their right to vote. Roe v. Wade and other contentious issues should be put to the ballot so that voters can decide via nationwide ballot referendums.
Trade embargoes should be used against low-minimum wage countries (those with minimum wages below $4.00/hour in international dollars) with whom the U.S. has over $1 billion in annual imports, to stop countries like China from parasiting off the U.S. to empower communist, fascist dictatorships. The nature of a global free market results in the U.S.' higher minimum wage working against it, as global megacorps send jobs overseas to low minimum wage countries where labor is cheaper. The largest expense for such companies is typically payroll, so the easiest way to increase profits, meet stockholder expectations, and free up money for CEO salaries is to reduce worker pay. On the other hand, a company which refuses to outsource runs the risk that their competitors will do so, so that they will be at a competitive disadvantage. The global free market results in a race to the bottom, driving down worker wages worldwide and rewarding immoral Communist countries such as China which use low minimum wages to attract foreign investment capital. The U.S. is running a $300 billion annual trade deficit with China every year, and the goods made in China are made by workers paid 1/10th that of their U.S. counterparts. Unrestricted free trade harms the U.S., harms workers worldwide resulting in lower wages everywhere, harms democracy, and results in a global income disparity as the rich get ever richer and the poor get poorer.
- See also Immigration
A wall along the southern border is imperative as a defense against the drug smuggling, weapons trafficking, sex trafficking, and terrorist infiltration that's been occurring. However, it should be accompanied by sensible reforms in our immigration process, as well as eVerify to prevent voter fraud. Specifically, the U.S. should issue an apology for the Mexican Repatriation, and the illegal deportation of up to 2 million U.S. citizens of Hispanic heritage during the Great Depression, provide citizenship to those who have served in the U.S. military, and provide citizenship to those with substantial U.S. Native American ancestry (1/16th or more blood quantum). Stricter language requirements should be implemented, however 'merit-based' immigration should be avoided; the poor should have an equal right to come to the United States per the inscription on the Statue of Liberty: 'Give me your tired, your poor, your huddled masses yearning to be free...'
White House Reform
- See also Mueller Investigation
The Executive Branch should be restructured as was done during Jimmy Carter's presidency, and the unconstitutional position of special prosecutor eliminated, since its legislative authority expired when the 1978 Ethics in Government Act was not renewed in 1999. The Obama administration's pardons should be revoked, along with Donald Trump's pardon of Joe Arpaio (a corrupt official who had innocent people framed with bomb parts).
CEO pay at publicly traded companies should be capped in relation to company earnings, given how CEO pay has skyrocketed far above historical norms of 20:1 to 50:1, to today's level of around 300:1. At privately traded companies the CEO has built their business using their own money, incurring the start-up costs and risks; they should be able to pay themselves what they want with their own money. However, a publicly traded Fortune 500 company can hire on a CEO who then appoints a Board of Directors who will pay him whatever he wants with stockholder funds, drives the company into bankruptcy, hikes his own pay, and gives himself a 'golden parachute' of expensive retirement benefits just to leave the company (which has been happening consistently).
So what would this look like specifically? On average, CEOs should be paid perhaps 50 times the pay of the average worker (a historically sensible level) with companies at higher-earning companies paying their CEOs more (perhaps 120:1), and those at lower-earning companies paying their CEOs less (perhaps 10:1). How to set the gradations to appropriately reward better-performing CEOs for their company performance is debatable, a range of 10:1 to 150:1 based on company earnings could also work, so long as the average ends up no more than 50:1. As of 2017, the National Average Wage Index is $50,321.89. Thus, the average compensation for a publicly traded company's CEO in 2017 at historical levels should have been 50 times this, or $2.516 million. Instead, they received on average $18.9 million.
For example, a CEO at a publicly traded company whose company earnings are above $100 billion annually would be paid perhaps 120 times the pay of an average worker ($6.04 million), a CEO whose company earnings are average would be paid 50:1, and a CEO whose company earnings are very low would be paid 10:1 ($0.50 million). There would then be intermediate tiers between these extremes. The goal is to stop CEOs who under-perform from paying themselves far more than historical norms by reducing worker pay, so that workers get a reasonable share of company earnings.
I have already introduced a number of my proposed solutions in legislative formats:
Legislation with multiple reforms to the judiciary including institution of 8-year term limits for federal judges including Supreme Court Justices unless federally reappointed, removing appellate courts and making jury decisions absolute, freeing those imprisoned who don't get speedy trials within 72 hours, removal of onerous fees with courts fully funded by the U.S. Treasury or state funds (e.g. filing fees, fees for jail/prison stays/probation or parole supervision/electronic monitoring devices/arrest warrants, healthcare/medication/court administration/prosecution/court-ordered drug and alcohol abuse treatment), limited jurisdiction of the courts, prohibition of plea bargaining, and the removal of qualified immunity.
A budget proposal designed to create tens of millions of jobs while reducing the long-term annual budget by hundreds of billions of dollars annually. Specifically would stop trade with low minimum wage countries like China and Mexico, restructure/simplify the tax code to reward companies that hire more U.S. workers in relation to company earnings, cut military procurement spending by having troops guard borders instead of being overseas, etc.
- NOTE-The following is now obsolete, given that I am instead recommending the use of Health Savings Accounts (see Simplified HSAs)
A minimalistic universal health care system covering basic care while leaving the private sector intact to cover more advanced niche care. Reduces costs by replacing the current Medicare/Medicaid/Obamacare system using a grant system to make hospitals provide health care directly rather than through the insurance industry while implementing voting machines in hospital lobbies so patients can vote on their experience with higher rated hospitals receiving more funding and staying in the system, thus imitating the free market. Antitrust legislation such as the 1890 Sherman Antitrust Act should be enforced against immoral business such as Walmart. The current antitrust exemption to banks allowed as the result of a conflict between the Sherman Antitrust Act and the Securities and Exchange Act of 1934 should be removed. The government small business loan program should be improved through a randomized lottery pool.
- "Congress and the Courts: Landmark Legislation." Federal Judicial Center.
- Pianin, Eric & Boak, Josh (2013, October 7). "New Evidence that Disability Fraud Costs Billions." Fiscal Times.
- Mishel, Lawrence & Scheider, Jessica (2017, July 20). "CEO Pay Remains High Relative to the Pay of Typical Workers and High-Wage Earners." Economic Policy Institute.
- Collins, Chuck; Shih, Kevin; Pizzigati, Sam; Anderson, Sarah (2010). "Executive Excess 2010: CEO Pay and the Great Recession." Institute for Policy Studies.
Collins, Chuck; Pizzigati, Sam; Anderson, Sarah; Klinger, Scott (2011). "Executive Excess 2011: The Massive CEO Rewards for Tax Dodging." Institute for Policy Studies.
Collins, Chuck; Cavanaugh, John; Pizzigati, Sam; Anderson, Sarah (2009). "Executive Excess 2009: America's Bailout Barons." Institute for Policy Studies.
Anderson, Sarah; Cavanaugh, John; Pizzigati, Sam (2008). "Executive Excess 2008: How Average Taxpayers Subsidize Runaway Pay." Institute for Policy Studies.
- "National Average Wage Index." Social Security Administration."
- Mishel, L. & Schieder, J. (2018, August 16). "CEO Compensation Surged in 2017." Economic Policy Institute.