The executive Power shall be vested in a President of the United States of America.
“I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States.”
Each existing statute and new bill is constitutional only if it passes all of the following simple pass/fail tests:
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[1] No misleading parts.
[2] Only uses powers enumerated for the national government.
[3] No delegation of legislative power.
[4] No grabs of executive power.
[5] No grabs of judicial power.
[6] Not noncritical, complex, or long, and not helping make the total corpus of law incomprehensibly complex or long.
This article explains how to use executive instructions and recommendations to transform USA governments so they follow the Constitution, to voters’ immense relief and satisfaction.
The article consists of a prioritized, thorough set of action items, together with brief justifications. Embedded links offer further explanations.
Enforcement
- Order that all national-government people shall only enforce either constitutional rules and sanctions contained in statutes, or case opinions stemming from such constitutional rules and sanctions. No national-government person shall enforce any regulation, other rule, or other opinion.
(Presidents swear or affirm that they will protect the Constitution.)
Moneys
2. Order that the Fed people shall keep the money quantity constant.
(The unconstitutional Fed’s money-quantity inflation unduly deprives persons of life, liberty, and property by decreasing money’s value, causing boom-bust cycles, and precipitating and funding more-frequent and more-destructive USA involvement in wars.)
3. Order that all national-government people shall not collect or store information on people’s holdings, and shall not collect taxes, on alternate stores of value—especially, for example, gold, cryptocurrencies, and securities.
(People have the right to be secure against unreasonable searches, and no person shall be unduly deprived of property.)
4. Recommend formally repealing all statutes on the Fed, legal tender, and alternate stores of value.
Budgeting
5. Review and update the management staffing of the Office of Management and Budget. Organize operations. Move these people as needed to improve operations.
6. Order that these budgeting specialists shall take the overall total appropriation as the maximum allowed, and shall allocate budget line items based solely on overall priorities. As the basis for the priorities, they shall track the spending for each current operation, and they shall estimate the values of all the deprivations that result—for example, the values of any lives that are taken, any liberty that is taken, any property that’s taken outright or that’s consumed for compliance, etc.
(The Constitution’s only sanctions that civilly give force to its rules are its limiting of powers through the use of offsetting powers, which requires that powers must be separate. To keep the executive power separate, the executive power must include executive budget-allocating power and accountability. Legislators must not executively control appropriations by line item. Legislators, though, should legislatively limit the overall total appropriation—which they haven’t been doing, as shown by the national government’s historic peacetime borrowing, currently maxed out at 126% of GDP, and the national, state, and local governments’ historic peacetime total spending, currently maxed out at 43% of GDP.)
National Debt
7. Order that the treasury secretary shall make no more payments on national debt other than on the debt held by USA retirees on the date of the order. He shall fairly reimburse the people holding that debt, which will end any further tracking of who holds that debt.
(Debt to USA retirees is just compensation for past takings. The remaining national debt was incurred by Progressives in rebellion against the we the people and our Constitution, and “all such debts, obligations and claims shall be held illegal and void.”)
Transfers
8. Order that the treasury secretary shall make no further transfer payments to any organizations—to other nations, other government jurisdictions, non-government organizations of all kinds, etc.
(Making transfer payments would unduly deprive taxpayers of property.)
Foreign Relations
9. Order that all USA involvement in war without congress-passed rules-of-engagement cards and a congress-passed war declaration shall cease.
(Making rules for the government and regulation of the land and naval forces, and declaring war, are powers of congresses and are vested in congresses.)
10. Order that all procurement of current-generation production weapons shall cease.
(Congresses have power to provide and maintain long-lead military equipment like that in a navy. But allocating resources is executive power. Reducing economic growth would reduce the strength relative to potential enemies that is needed to win wars and ultimately to prevent wars. Also, producing large quantities of current-generation weapons provides less advantage than secretly and rapidly developing and producing very-small quantities of successive next generations of weapons.)
11. Order that all treaties shall not be followed.
(Current war treaties cede rules-of-engagement card passing, war declaration, and military command to treaty organizations, violating the Constitution. Current trade treaties unduly deprive persons of liberty. Presidents swear or affirm that they will protect the Constitution. To protect the Constitution, they must not honor such current treaties.)
12. Order that all foreign bases and embassies shall be closed.
(Siting bases and embassies is executive power to execute rules and sanctions that apply to all, which is vested in presidents. Foreign bases and embassies are vulnerable, potentially unduly depriving persons of life and also risking undeclared wars.)
13. Recommend that current congressmen pass rules-of-engagement cards. Sign any ROE cards that they pass only if the ROE cards protect our troops first. Recommend formally repealing war powers. Recommend formally drafting and voting down war declarations for any current wars. If any such war declarations pass, return them with objections.
14. Recommend formally repealing all treaties.
15. Recommend passing a bill unilaterally spelling out rules prohibiting each of China government people’s unconventional-warfare actions that are currently recognized. Give these rules force with one sanction: whenever any rule is being broken, all trade with China people, which would strengthen China government people, shall be prohibited. When the bill is passed, sign it and enforce it. Each time an additional action is recognized, recommend passing and signing an additional rule that prohibits the additional action. If it is clearly evident that all of China government people’s unconventional-warfare actions have stopped, then pause enforcing the sanction, while continuing to monitor for evidence of any violations.
(Freer nations’ governments should prevent or snap out of government coercions like the money-quantity inflation that caused the Great Depression and the unrelenting interventions kept it going, so they will leave their people freer to outproduce enemy nations’ people. This will limit and ultimately prevent enemy governments’ attacks, and wars.)
Naturalization
16. Order that no money or other products shall be provided to illegals. Order that identity fraud shall be investigated and prosecuted. Order that illegals shall be deported. Order that unconstitutional birthright citizenship shall not be granted.
(Not deporting illegals, and providing money or other products to illegals, would unduly deprive USA citizens of life and property. Children born within the USA whose parents are citizens or subjects of foreign states aren’t completely subject to the USA’s jurisdiction, so they aren’t citizens.)
17. Recommend repealing all immigration and entry quotas and replacing them with naturalization rules that new citizens shall demonstrate that they support the Constitution during a monitored trial period of 10 years, the admission rate shall produce a net inflow of 1% of the population per year, and the people admitted shall be those who have the highest projected incomes.
(Support of the Constitution, like government officials must swear or affirm, is a reasonable standard, but an oath can’t be proven truthful, so this support should be demonstrated over time. The admission rate should be chosen conservatively to preserve the USA people’s freedom. Income correlates with how much value people add; part of this value is received by people as income, and the rest spills over to other people, particularly customers.)
Legislation Specialists
18. Reassign all the people who had been working for congressmen. Hire managers. Organize operations. Lay off all these people who staffed congressmen’s offices or who estimated the costs of legislation. Move the remaining legislation specialists to locations separated from congressmen.
(All legislative powers delegated using the Constitution are vested in congressmen. No legislative powers are vested in staff; all staff are executive personnel. The executive power is vested in presidents. If congressmen must themselves draft and understand bills, then statutes will be clearer and will better support the Constitution.)
19. Order that these legislation specialists shall interpret the constitutionality of each existing statute. Constitutionality shall be indicated when a statute or bill passes each of the six simple pass/fail tests in the quote at the start of this article.
20. On each unconstitutional statute, order that these legislation specialists shall prepare full-repeal bills, and order that they shall prepare new bills that contain any of those statutes’ constituent rules and sanctions that are constitutional. Order that they shall arrange for each new bill to correspond to an individual clause in the Constitution, and that they shall arrange the bill’s rules and sanctions to start with those that have the highest priority and move to those that have the lowest priority.
21. Order that these legislation specialists shall interpret the constitutionality of each new bill that any congressmen prepare.
(Laws consist of rules and sanctions that apply to all, and not of rules controlling enforcement. Each constitutional statute can readily be traced back to the clause in which the requisite power is enumerated.)
22. Close each operation that’s authorized by an unconstitutional statute and that would not be authorized by the new constitutional bills.
(Presidents swear or affirm that they will protect the Constitution.)
23. Recommend formally passing the full-repeal bills. Consider recommending each new bill in total or in part.
(Past legislators and presidents surely enacted various constitutional rules and sanctions that the current president interprets are being not necessary and expedient.)
Justice Specialists
24. Reassign all the people who had been working for judges. Hire managers. Organize operations. Move these people to locations separated from judges.
(The judicial power delegated using the Constitution is vested in supreme courts and inferior courts. No judicial power is vested in staff; all staff are executive personnel, and the executive power is vested in presidents. If judges must themselves research cases and write opinions, then opinions will be clearer and will better support the Constitution.)
25. Order that these justice specialists shall interpret the constitutionality of each existing conviction. On each unconstitutional conviction, order that they shall prepare full pardons.
26. Order that they shall interpret the constitutionality of each new opinion that each judge drafts.
27. Pardon each person who was convicted unconstitutionally. Don’t enforce any opinion that’s unconstitutional.
(Although officials’ failures to follow the Constitution will require that people guilty of serious criminal actions must be released from prison, this will motivate future officials to follow the Constitution.)
Legislative Rules
28. Recommend repealing the existing legislative-house rules, which will eliminate the current anti-constitutional rules and committees. Recommend passing new legislative-house constitutions modeled on the Constitution. In them, replace states with working groups, at most one per Constitution clause. Add the six simple pass/fail tests in the quote at the start of this article. As with the Constitution, filibuster cloture would violate future senates’ constitution.
(Constitution-based rules and working groups will decentralize power and will greatly increase accountability. Limited working groups, at most one per clause, will incentivize group members to limit themselves and limit others. The tests of constitutionality in the quote will be a clear standard. The overall increased transparency will empower the people.)
Judicial Rules
29. Order that each candidate for judge shall be asked forthrightly, and each candidate shall answer forthrightly, to establish how prepared the candidate is to perceive facts, interpret law, and weigh equity on all foremost controversies and on any representative or instructive other controversies or cases.
(Nominating, advising, consenting, and judging should be informed, should be transparent, and should support the Constitution.)
30. Recommend passing new rules regulating courts, requiring: 1. Original work. 2. Separate opinions. 3. Basis for each opinion. 4. Draft opinions published before hearing the next case. 5. Outside reviews. 6. Revised opinions finalized before hearing additional case. 7. A single three-judge panel in each court. 8. No chief judge except on presidential impeachment trials. 9. Enjoining at most within jurisdictions.
(Separate opinions and specified bases increase accountability and increase the priority of getting constitutional fundamentals right. Published drafts and reviews before finalizing increase speed, quality control, and justice. Three-judge panels are robust to single failures, prevent deadlocks, and avoid normalizing failures, instead pushing congressmen to summarily impeach. Eliminating a chief judge except when constitutionally mandated decentralizes power and makes best use of individual judges’ expertise. Enjoining at most within jurisdictions quarantines errors and creates federalist competition.)
Voting
31. Recommend passing a new statute to regulate the time, place, and manner of holding elections and selecting electors: 1. Voting shall be in person on a single day, except by people who are traveling or disabled. 2. Each voter’s identity shall be proven. 3. Each ballot record shall include proof of the voter’s identity. 4. Each count record shall include the complete ballot record of each vote included in the count. 5. Each certifiable sum of count records shall only include count records that are complete. 6. Each jurisdiction whose count record is tainted shall be excluded from certifiable sums for the balance of that election.
(Keeping identity proof with ballots, and keeping ballots with counts, makes votes and counts traceable and independently verifiable. Excluding tainted records from certified sums ensures that certified sums are 100% accurate and makes accuracy pay off.)
Health Products
32. Recommend repealing all statutes that regulate or that interfere in any other way with customers’ control of healthcare producers’ product development, production, and sale—including interfering by funding research, deducting employer-provided health-payment plans, providing monetary or nonmonetary incentives, and restricting the prescribing or dispensing of medications. Recommend passing a new statute that bans other government jurisdictions’ people from regulating or interfering with customers’ control.
(No customers or producers shall be unduly deprived of life, liberty, or property. Health products affect life, and health-product customers and producers benefit from liberty. Control by customers brings to bear more and better information and leads producers to improve fastest and best.)
Entitlements
33. Recommend amending statutes to extend Social Security’s current age adjustments to all younger and older ages.
(This will stop effective takings in people’s later years of their liberty to continue working and earning well.)
34. Recommend repealing current statutes that require taxpayers to pay in for entitlements, and amending statutes to promise taxpayers the lifetime benefits that correspond to the lifetime payments they’ve made up the amendment date.
(This will stop further such takings of private property for public use, and will provide belated just compensation.)
35. Recommend passing a new statute to help fulfill these promises by formally authorizing the sale of government assets and providing model terms of sale.
(The national government has power over the government district and over military districts, but no other enumerated powers to hold real-estate assets. The recommended statute will provide belated just compensation for past takings—takings of property throughout people’s working lives, and effective takings in people’s later years of their liberty to continue working and earning well.)
Intellectual Property
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36. Recommend repealing existing statutes on patents and copyrights, to invalidate the constitutionally-indefensible current grants of monopolies. Recommend passing a new statute giving new rules for disclosures and durations: Grant patents only if the grantees provide open access to all business data on the monopoly-protected products, and only as long as the grantees maintain open access to all business data as business data continue to develop. Establish limited patent and copyright durations of 3 years.
(Full disclosures promote the progress of science. Limited times promote the progress of science and promote useful arts while also keeping customers and producers from being unduly deprived of liberty or property.)
District of Columbia
37. Order that the Virginia portion of the original territory of Columbia, encompassing Old Town Alexandria and Arlington County, shall be part of the District of Columbia.
(A Virginia government ceded and a congress accepted this portion, and this portion continues to be used for the Pentagon, Arlington National Cemetery, and other national-government purposes.)
38. Recommend formally repealing all current District of Columbia district, county, and city statutes. Recommend passing new statutes for the district, counties, and city. Review and sign or object to the new statutes. When enacted, enforce the new statutes.
(All legislative powers delegated through the Constitution are vested in congresses, and the executive power is vested in presidents.)
Revenues
39. Recommend fully repealing all statutes for generating revenues. Recommend passing a new statute taxing only labor income, at a single rate, with no deductibles or deductions, paid once a year, on the date when general elections are held.
(Of all possible ways of generating revenues, only such a tax—on labor income, at a single rate, with no deductions or deductions—takes away from each person the same proportion of liberty, so no person is unduly deprived of liberty.)
