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Liberal Democracy

Liberal Democracy
The Free State

Wednesday, November 16, 2011

Federalist Society: A Federal Sunset Law: How to maintain Limited Government



Our Founding Fathers deliberately designed a Governmental System and Federal Government to make it difficult for them to pass laws. And make the Federal Government more powerful and intrusive. With things like the the three Co Equal Branches, Executive, that carries out laws and can propose them. Congress that writes laws and oversees the other two branches including themselves. The Judicial Branch that obviously decides cases in the Criminal and Civil Justice System. And sometimes passes on cases as well as ruling on the Constitutionality of laws that the Executive and Legislative passes. And of course forcing the Executive and Legislative Branches to work together to pass new laws. This is what Checks and Balances are about to make it difficult to pass laws and even harder to pass laws. Because even if one party controls both the White House and Congress. If the Opposition Party has enough Senate Seats, they can block legislation that the Senate Majority Party is trying to pass. And even if one party controls both the Administration and Congress, to amend our Constitution. That takes a Two Thirds Majority in both Chambers of Congress. As well as 67 States to pass and Amend the Constitution. To me as a Liberal Democrat and a big believer in Limited Government, these tools are necessary to prevent government from becoming too big and powerful. And preserving Individual Liberty and Constitutional Rights from eroding, by people who believe America is too free. And Liberal Democracy doesn't work and we need Big Brother protecting us from ourselves.

The reason why the Federalist Society and other Classical Conservative groups are in favor of creating what's called Sunset Provisions. To laws that are passed by the Federal Government. Meaning that after a law is passed, it would have to renewed every 5-10 years or so. To give the Administration and Congress a chance to revisit laws that they passed. Which to me makes sense and would give the Administration and Congress a chance to take another look at their laws and policy's. Across the board and to see what's working, what's not working, what needs to work better and what should be eliminated. Instead of keeping in laws and policy's that don't work very well or no longer work. Just because the President and Congress passed that law a long time ago. The Elementary and Secondary Education Act is an example of a law with a Sunset Provision. To reexamine the Federal Government's role in education and see if they are helping or hurting Public Education in America. And what if anything they can do better, the Welfare to Work Law of 1996 is another example of this. The Bush Tax Cuts that were passed in 2001 and 2003 are other laws with Sunset Provisions. Instead of just keeping laws in place because they were passed a long time ago.

I would go even farther then Sunset Provisions and call for an Executive Review of all Federal Laws, Policy's and Programs. And exactly see what's working and what's not working. What can work better, what needs to work better and what needs to be scaled back and even eliminated. And call for a new Federal Constitutional Convention to come together to see what the Federal Government does well. What they don't do very well and what they can and should do better. And just limit the Federal Government to do what it does well that the Private Sector shouldn't be doing.