Gearing Up for the Legislative Session

During the past several legislative session, some friends from the local Tea Party and I have done some citizen lobbying at the local state representatives’ and senator’s offices. In Texas the legislature meets January to June every odd year, so there’s a session coming up. I’m in the process of gathering the ideas we’d like them to be thinking about. And since some of the bill numbers will start being assigned in about a month, I’m drafting a heads-up letter, to let them know what issues we hope they’ll support. This is only a draft so far; I’ll be asking for feedback from the Tea Party, to see if I’m missing anything crucial, or to see if the issues I include resonate with others. Anyway, here’s the communication:

_______________________________________________________________

Dear Legislator,

It’s time to start thinking about the upcoming Texas legislative session, and I know you’re already working on legislation.

During the past several sessions, those of us in the Cypress Texas Tea Party have been following bills, and letting you know what our interests are. I expect we’ll be visiting your local office during the session, as in the past, and talk with your staff. But this year we thought we would start early and let you know the issues important to us—even before there are bill numbers to attach to them.

Right now, this is my assessment and opinion, as the legislative liaison for our Tea Party. Some of our members may differ or have additional/other priorities, which we’ll share with you in our later visits.

Principles of Cypress Texas Tea Party

·         We support the US Constitution and conservative principles in the Texas Constitution.

·         We support low taxes and limited government spending and oppose ever having a state income tax.

·         We support handling each issue at the most local authority possible—with individual and family decisions as the default authority.

·         We support asserting 10^th Amendment states’ rights against usurpation by federal government.

o   We particularly oppose allowing national health care to be imposed on the people of Texas.

·         We support parental rights in the education and upbringing of their children, including local control over spending and curriculum in public schools.

·         We do not as a group endorse candidates, but we provide a platform for sharing information so our members can make informed decisions; individual members may endorse, work for, or become candidates.

These have been our principles since we began in 2010. Issues and policies may change, but we expect to continue to encourage you to work toward freedom, prosperity, and civilization here in Texas.

I’ll present the specific issues we’re interested in under several categories.

State and Citizen Rights Preservation.

Our individual and state rights have been infringed upon by an intrusion and controlling federal government, in direct contrast to guarantees in the US Constitution. There should be several levels of effort toward returning to freedom. First is asserting the 9^th and 10^th Amendments. If a law or regulation oversteps the bounds of the enumerated powers of the federal government, it is up to the states to stand up against the unjust law. Texas is one of the few states large enough and powerful enough to take such a stand.

Among issues that fall into this category are:

·         The Affordable Care Act

·         Refusal to protect the border/Refusal to enforce immigration laws

·         Enforced acceptance of Middle Eastern refugees without adequate vetting

·         Anything related to education coming from the federal government

An additional effort toward freedom is a Convention of the States. We appreciate that Governor Abbott is leading in this multi-state effort with The Texas Plan. As Governor Abbott explains, “The Texas Plan is not so much a vision to alter the Constitution as it is a call to restore the rule of our current one.”

Within the plan, the Governor says, “The Constitution itself is not broken. What is broken is our nation’s willingness to obey the Constitution.” So the purpose of a Convention of the States is to adjust course back to the Constitution. We encourage you to help this idea make it through the legislature this session, so that Texas will be ready to lead other states in this effort.

The most drastic approach to federal tyranny is what we might call Texit—a withdrawal from the United States because the contract of the Constitution has been broken. As in a marriage, the United States are intended to be indivisible, but also as with a marriage there are terms to the covenant that must be kept.

When this issue came up in our senatorial district platform committee, I recommended that we modify the language with an if/then-type statement:

Texas Independence Again! – Should the federal government fail to abide by the 10th Amendment and the rest of the United States Constitution, Texas should hold a referendum asking the people of Texas to decide on whether or not the State of Texas should reassert its status as an independent nation.

It is the first time this proposal has appeared in the state GOP platform. And at the time we worked on it in the senatorial district, our Senator Ted Cruz was still a strong contender to be our presidential candidate. But the modified language did not remain in the state platform. While the presidential outcome is still unknown, it is highly likely that the Constitution will be ignored, the Supreme Court will fail to uphold the Constitution, and infringements against our freedoms will intensify during the next administration. It may be time to take this idea seriously, and allow the people of Texas to make such a crucial decision.

Immigration and Homeland Security

We appreciate legal immigration. Nevertheless, we still care about border security and illegal immigration, and we’re against sanctuary cities. As mentioned above, we’re concerned about being forced to accept refugees who haven’t been vetted—and we do not trust the federal government to do adequate vetting. We appreciate Governor Abbott’s strong stance on this issue.

One infrastructure concern we’d like you to address is hardening the electric grid. Texas has its own independent grid, so, regardless of the federal government’s lack of action on this vulnerability, Texas can protect its own grid. Costs are relatively low for reaching the minimum levels needed to protect the grid from an electromagnetic pulse (EMT) from either a solar flare or an atmospheric nuclear bomb detonation. Failure to prepare could lead to dire results. I wrote about this here:  http://sphericalmodel.blogspot.com/2016/05/hardening-grid.html. If you need more information to take on this issue with knowledge, there’s a short book by Frank Gaffney, published by the Center for Security Policy, called Guilty Knowledge: What the US Government Knows about the Vulnerability of the Electric Grid, But Refuses to Fix. For updates and more information, try their website SecureTheGrid.com.

Marriage and Religion Protection

In this category, the federal government and the Supreme Court have far overstepped their powers by redefining what a marriage is—and enforcing that new definition on all the states. They have further attempted to infringe on our religious freedoms, and even to make that claim that asserting religious freedom rights as guaranteed in the First Amendment is simply a cover for bigotry. That false narrative must be resisted!

We have previously passed a Pastor Protection Act. We need similar protection for individual citizens and private organizations, so that Texans will not be coerced by a tyrannical government to act against their religious beliefs. We also need to reassert the state of Texas’s right to define marriage without federal interference.

An additional concern this legislative session will be protection against the administration’s attempts to force all public buildings and schools to allow biological males to use women’s restrooms and locker rooms. This misguided attempt to accommodate the extremely small demographic of transgenders creates an opportunity for sexual predators, and disallows women and girls from expressing their discomfort without accusations of bigotry. Texas needs to stand strong against this federal overreach.

Education/Parental Rights

We’re in favor, once again, of the Texas Parental Rights Restoration Act. This is to protect fit parents from the risk of losing custody of their children. This often occurs when extended family, such as grandparents, sue for court-imposed visitation or custody, often because they disagree with the grandchildren being homeschooled or being raised in a religion the grandparents disapprove of. Again, these are fit parents, losing custody of their children, or being drained of their income—at times in excess of $1 million—to defend themselves in one case after another. Every time such a case has reached the Texas Supreme Court, the parents have won. But lower courts have continued to allow this injustice to continue.

It is a basic principle that parents have the right and responsibility to see to the care, education, and upbringing of their own children. Only when parents are unfit should this right be questioned.

We will also support, once again, UIL participation by homeschoolers and other private schoolers, referred to as the Tim Tebow Bill the past couple of sessions. UIL was originated in 1913, when most students in Texas were homeschooled or privately schooled. Six decades later the rules changed to deprive non-public school students from participating. We believe participation for all students should be restored.

There’s a new issue this year that we hope you will support: Educational Savings Accounts. This is a way of incorporating competition and free-market principles in education. Without spending additional money per student, more options open up, and competition may bring on more options and lower costs. Power is placed in the hands of the parents, to design the education that works best for their child, and money stays with the child, so unspent funds can be used the next year or eventually for college. This is already being done in Arizona and other states with surprising success. The Heritage Society and The Friedman Foundation for Educational Choice have been studying this issue and recommending how best to implement this for the most students in Texas. I wrote about this issue here: http://sphericalmodel.blogspot.com/2016/05/a-parents-job.html 

Life

The Courts have interfered, yet again, with Texas’s efforts to protect life of both mothers and the unborn, by preventing Texas from requiring clinics from meeting basic surgical center standards. That is unfortunate. But the part of HB2 that prohibited abortion after 20 weeks, when unborn babies are known to experience pain, was upheld.

We believe it would be beneficial to also prohibit abortions that dismember the fetus. Such abortions not only cause additional pain to the fetus, they also cause greater risk, from puncture, or from failure to fully extract all part of the fetus, leading to infection. Such laws have been enacted and upheld elsewhere, and are a logical next step for Texas.

Free and Fair Elections

The Courts have interfered with Texas’s Voter ID Law. It may be possible to retry this effort by addressing whatever failure the Courts claim the law had. We must be able to prevent voter fraud, and some form of photo ID is still a logical and fair step toward that end.

We are against efforts to implement online voting, or any other type of voting that may encourage voter fraud. We are in favor of better safeguards for elderly who vote by mail, to prevent operatives from voting for people who have no say in their vote, or who are coerced or unduly influenced.

We discourage efforts toward a return to paper ballots, which are much more easily compromised by fraud. We encourage requirements to purge voter rolls of those who have moved or died, or who are fraudulently registered.

We encourage efforts to improve security of the ballot, and training of poll workers and poll watchers, so that Texas may be exemplary in voter integrity.

Thank you so much for all the work you do. We look forward to meeting with you during the upcoming legislative session.

Sincerely,

The Texas Plan

The US Constitution has been amended 27 times. Each of these times, the method has been that Congress passes the amendment, and then three-fourths of the states must ratify the amendment. This is a slow and arduous process. On purpose.

There is another method available, according to the Constitution. Here’s the entirety of Article V of the Constitution, with the relevant option highlighted:

Article V

The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a convention for proposing Amendments, which, in either case, shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress; Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate.

This method, called an Article V Convention, or sometimes a “Convention of States” to propose amendments, is not the same as a “Constitutional Convention.” The latter would be open to rewriting any and all of the Constitution. The Article V Convention would be a call for amending the Constitution in some specific way. It could handle more than one amendment, but only those that the states have called for and have authorized their representatives to discuss. It would be equivalent to Congress presenting a bill to amend the Constitution in one particular way at a time—and if the bill passed, then sending it to the states for the ratification process. Each amendment would require 34 of the 50 states to ratify it before it would take effect.

Texas Governor Greg Abbott
Uncommon Knowledge interview at
Texas Public Policy Foundation

Governor Greg Abbott, of Texas, recently did an Uncommon Knowledge interview, talking about his version, which he calls the Texas Plan. He answers questions about the need for it, the scope, and other concerns.

One concern has been that a convention could get out of hand. But Governor Abbot says that is easily handled by having the states agree beforehand on both the limitation of subject matter and the limitation of time for the ratification process. The states give no authority to deal with issues not previously authorized. And they would agree to a time limit, something like ten years, for the states to handle the ratification.

Governor Abbott explains, “The Texas Plan is not so much a vision to alter the Constitution as it is a call to restore the rule of our current one.” Near the end of the interview, he is quoted from the Texas Plan, saying, “The Constitution itself is not broken. What is broken is our nation’s willingness to obey the Constitution.” So the purpose of all this is to adjust course back to the Constitution.

Governor Abbott’s plan offers these specific possible amendments:

1.       Prohibit Congress from regulating activity that occurs wholly within one State.

2.       Require Congress to balance its budget.

3.       Prohibit administrative agencies—and the unelected bureaucrats that staff them—from creating federal law.

4.       Prohibit administrative agencies—and the unelected bureaucrats that staff them—from preempting state law.

5.       Allow a two-thirds majority of the States to override a U.S. Supreme Court decision.

6.       Require a seven-justice super-majority vote for U.S. Supreme Court decisions that invalidate a democratically enacted law.

7.       Restore the balance of power between the federal and state governments by limiting the former to the powers expressly delegated to it in the Constitution.

8.       Give state officials the power to sue in federal court when federal officials overstep their bounds.

9.       Allow a two-thirds majority of the States to override a federal law or regulation.

In the interview, likely amendments are summarized into three categories: Balanced Budget, Term Limits, and Limiting the Commerce Clause.

Another way to look at the list is addressing the deviations from the Constitution by all three branches of government: legislative, executive, and judicial.

Dealing with the legislative problems (and the Commerce clause), Governor Abbott says this:

What percentage of laws you live under from the federal government are actually even voted on by Congress? The answer is about 6%. About 94% of all the laws, rules, and regulations governing your lives are never even voted on by the people you elect to represent you in Washington, DC. That goes back, and violates a rule that even predates the United States of America Congress. If you go back to John Locke, and maybe even before Locke, it talks about the compact between the people and those they elect to represent them. And the people you elect to represent you are accountable to you. You should be able to hire and fire them based upon what they do.

That’s not how our government works. The laws that we live under are passed by unaccountable, unelected bureaucrats who run the EPA, the IRS—all these alphabet soup federal government agencies. I think that’s wrong, and what I propose is that no agency rule has any binding effect unless and until it is voted on by the United States Congress.

The legislative branch has ceded its lawmaking authority to the executive branch. Governor Abbott says, about these executive branch bureaucracies,

They make the law; they adjudicate the law; and they enforce the law. That was defined by Madison as tyranny itself. Our federal government has transformed into the very definition of tyranny by Madison, by having all three branches of government consigned into one, and that one branch is unelectable and unaccountable.

The solution, he says, it to have every agency regulation null and void until it is passed by legislative vote.

Because Governor Abbott was a state supreme court justice, followed by more than a decade as Texas Attorney General, suing the federal government and standing up to the bullying, he is especially effective talking about the overreach of the US Supreme Court. Here’s part of the interview:

Peter Robinson: The Texas Plan and the Supreme Court. I’m going to quote you from that 92-page document…. “The Supreme Court was for the most part able to control its ambitions for the first 170 years of our nation’s history. But in modern America, the policy preferences of five robed unelected septuagenarians will trump even the most politically popular legislation on any topic—from voting rights to abortion to religion to speech to criminal procedure to guns to healthcare to the environment.” I read that, and I thought, that’s the angriest sentence in this document. It’s the Supreme Court that really gets you, doesn’t it?

Governor Abbott: If you think that’s angry, you need to read this book. [holds up Broken but Unbowed, a book he has just written] I’ve got a lot more in there, where I fully expose the Supreme Court for what it has become….

Let me ask a question:… How many votes does it take to amend the Constitution? The audience knows the answer here. Most people think, well, it’s two thirds of the House and then three-fourths of the states. The fact is, the Constitution is amended every single year by five votes, of five liberal judges, sitting on the United States Supreme Court. If Madison and Hamilton saw that happening, they would never have created the system that we have now.

If we can’t trust our representatives in Washington to do straighten out the mess, then this is a remedy worth trying. Governor Abbott noted that, while it hasn’t been used before to amend the Constitution, it has been tried—at least twice. Once, a century ago, related to the 17^th Amendment, which came within one state of calling for the convention when the House decided to put forth the amendment themselves, rather than be forced. And a similar situation happened during the Reagan administration.

As Governor Abbott says near the conclusion:

It’s never too late. It’s never too large. Never too impossible. That was the attitude that Hamilton and Madison and Franklin and George Washington had. This is America. This isn’t some other country. This is a country where we can do anything—once we realize the necessity of doing it.

He tells the story of one person, who was responsible for getting the 27^th Amendment passed. And, when asked about his own handicap, he used the story as a parallel. Who would have thought that someone could go from a hospital bed, following a freak accident that left him paralyzed, to eventually becoming governor of the twelfth largest economy in the world. He was broken, but unbowed.

In the last Texas legislative session, a bill to propose a convention of the states to amend the US Constitution made it out of the House but not the Senate. This year, since it is a priority of the governor, it is likely to pass. Many states have already passed similar bills, and other states are somewhere in the process.

I’ve been slowly learning about this issue. I recommend the Uncommon Knowledge interview [below] as a primer. And read The Texas Plan. Governor Abbott’s new book Broken but Unbowed: The Fight to Fix a Broken America is likely to be another great resource. And for the past several years, people have been turning to Mark Levin’s book The Liberty Amendments: Restoring the American Republic.

I suggest getting up to speed quickly, and then doing some citizen lobbying to get your state on board for an Article V convention of the states to amend the Constitution—while there’s still an American Constitution to restore.