A Proposed Goal for the Tea Party Movement

Because of its genuinely spontaneous origins, the Tea Party movement (of which I count myself a proud member) can be legitimately criticized as inchoate and unfocused. Its adherents, while primarily of conservative or libertarian persuasion, agree on little else. They may be Republicans, Democrats, independents, or members of a third party. They may be members of any religion or of none. They come in all ages, sexes, occupations, colors, and national origins.

Despite their many differences, though, Tea Partiers pretty well agree on this much: they want the Federal government to be smaller and less intrusive than it has already become. Therefore, they are unalterably opposed to the unprecedented power grabs, massive tax increases, and inconceivably huge deficits which the Obama-Pelosi-Reid triumvirate, aided by the spineless "me, too, but less" Republicans, is attempting to impose upon us.

Randy Barnett, a highly respected professor of constitutional law at Georgetown University, has been thinking, lecturing, and writing about these very issues for many years. When the Tea Party movement arose, he was ready with a constructive suggestion. He spelled it out in an op-ed in the Thursday, April 23, 2009 Wall Street Journal, The Case for a Federalism Amendment, then explained it further in a video he made for PJTV, Randy Barnett & New Federalism: How Tea Partiers Can Make Washington Pay Attention. Here is the heart of Professor Barnett's idea:

What sort of language would restore a healthy balance between federal and state power while protecting the liberties of the people?

One simple proposal would be to repeal the 16th Amendment enacted in 1913 that authorized a federal income tax. This single change would strike at the heart of unlimited federal power and end the costly and intrusive tax code. Congress could then replace the income tax with a "uniform" national sales or "excise" tax (as stated in Article I, section 8) that would be paid by everyone residing in the country as they consumed, and would automatically render savings and capital appreciation free of tax. There is precedent for repealing an amendment. In 1933, the 21st Amendment repealed the 18th Amendment that had empowered Congress to prohibit the sale of alcohol.

Alternatively, to restore balance between federal and state power and better protect individual liberty, the repeal of the income tax amendment could be folded into a new "Federalism Amendment" like this:

Section 1: Congress shall have power to regulate or prohibit any activity between one state and another, or with foreign nations, provided that no regulation or prohibition shall infringe any enumerated or unenumerated right, privilege or immunity recognized by this Constitution.

Section 2: Nothing in this article, or the eighth section of article I, shall be construed to authorize Congress to regulate or prohibit any activity that takes place wholly within a single state, regardless of its effects outside the state or whether it employs instrumentalities therefrom; but Congress may define and punish offenses constituting acts of war or violent insurrection against the United States.

Section 3: The power of Congress to appropriate any funds shall be limited to carrying into execution the powers enumerated by this Constitution and vested in the government of the United States, or in any department or officer thereof; or to satisfy any current obligation of the United States to any person living at the time of the ratification of this article.

Section 4: The 16th article of amendment to the Constitution of the United States is hereby repealed, effective five years from the date of the ratification of this article.

Section 5: The judicial power of the United States to enforce this article includes but is not limited to the power to nullify any prohibition or unreasonable regulation of a rightful exercise of liberty. The words of this article, and any other provision of this Constitution, shall be interpreted according to their public meaning at the time of their enactment.

This is important. By all means read the whole thing, watch the video, be sure that you understand it – then, if you agree that this is a worthwhile suggestion, contact your state legislators and demand that they act upon it. You can also share Professor Barnett's idea with as many people as possible. If they don't understand it fully, try your best to explain it to them calmly and patiently.

If enough of us get behind this idea and demand that our politicians implement it, they won't be able to ignore us no matter how hard they try. It's quite possible that besides providing a vehicle for us to vent our frustrations, this Tea Party movement may yet catalyze a return to the form of government envisioned by our Founding Fathers. No wonder the Left is so rabidly opposed to us!