The Separation of Powers: The Constitution’s Lodestar of Liberty

By Adam Carrington

Is the regime established in the Constitution today a help or a hindrance to defenders of individual liberty? The Constitution is seen by some as facilitating oppression by not adequately protecting us from those forces – those institutions within society that ignore us or seek to devalue us. Others see it not as facilitating oppression, but as too weak to stop oppression by the government it should control. In this essay, I hope to make a modest defense of the Constitution’s relationship with liberty and make the case that liberty is the Constitution’s purpose. To do so, I turn to parts of the Constitution less studied on this matter – specifically, the Constitution’s theory of separation of powers, a fuller picture of which will show in part liberty’s relationship with the Constitution....... Read more

My Take - Here's what this all comes down to.  We need to repeal the 16th Amendment (Income tax) and replace it with a national sales tax with no exemptions.  Everyone has to have skin in the game.  Repeal the 17th Amendment, which is how Senators are chosen.  Originally they were chosen by their states to - in effect - be ambassdors from to states to the central government in order to keep the national government from becomeing what it is now.  As for the 10th Amendment, - known as the starts rights amendment - it's meaningless as long as the 17th Amendment exists. 

Finally, pass a 28th Amendment to place term and age limits on the federal judiciary, which is largely filled with unqualified politcal hacks.   And I think it wise to add term limits for the House of Representatives also.  No person may serve more that eight years in the House, consecutive or otherwise.  As for the Senate.  That should remain the same six year terms for as long as the state wishes for them to serve, provided they can be recalled by their states any time their state so chooses, just as an ambassador can be recalled from his foreign assignment. 

If there's to be a restoration of the balance of power this is what must be done.