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Proposed Concepts for the Constitution of the New Republic of Texas
The United States federal government has usurped its power under its Constitution. It has become oppressive and unresponsive to the people of America. Under both major political parties, it has lost control of its fiscal responsibilities which will irreparably harm us and our posterity. It is time that Texans free ourselves from such oppression and peacefully secede. But before doing so, we should have direction for a new Republic. This document is an outline for concepts to be incorporated in the new Constitution for the independent Republic of Texas. It’s purpose is to give Texans a hopeful vision for a new government. It is an attempt to reflect the compassionate conservative principles of the freedom-loving heritage and faith of a majority of Texans.
Reasons for Texas to Peacefully Secede:
(1) Freedom. We would control our own destiny.
(2) Financial. A free and independent Texas would experience an unprecedented economic boom. People would be moving here in droves. Whatever debt we have to assume of our share of the US government could be paid off.
Acknowledgment
The Republic of Texas acknowledges the grand experiment in self-government of the United States of America. The Constitution of the Republic of Texas seeks to end the usurpation of power and abuses of the rule of law that the US Constitution has suffered.
Continuity
The new Constitution for Texas should be consistent with, and incorporate essentially equivalent language of, these existing documents:
In addition, we acknowledge and incorporate the uniquely important aspects from America’s key documents:
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The preamble to the Declaration of Independence of the United States, especially the statement (combining the first and second paragraphs): “We hold these truths to be not only evident from the Laws of Nature and of nature’s God but also to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable rights [objective moral values], that among these are Life, Liberty, and the Pursuit of Happiness.”
Further, we propose these inclusions:
Citizenship
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Citizens of the State of Texas who have attained the age of 50 at the time of secession from the United States have the right retain their citizenship in the United States, either having dual citizenship or to retain only citizenship in the United States thus becoming a legal alien resident of Texas.
The Economy
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Texans believe in free enterprise solutions over statist—that is, socialist/Marxist—tyrannies; private solutions over public; freedom over authoritarian central planning. All of these government solutions—no matter how well-intentioned—have proven themselves to be ultimately oppressive to the citizens by reducing freedom and slowing economic growth and innovation. We reject utopian socialist (government run or mandated) solutions and Marxist (redistribution of wealth) ideologies as they are often inefficient and harm the intended beneficiaries in the long run. Rather, we embrace solutions which incorporate independence, self-reliance, and initiative as best promoting the greatest common good and the general welfare. History also proves that governments unchecked inevitably usurp power and place an economic burden on their people. Accordingly, the Republic of Texas may not levy taxes of any sort—either to individuals or to corporations—totaling more than 15% of the Republic’s GDP. Similarly, the Republic may not spend more than 15% of GDP (List of countries by tax revenue as percentage of GDP). This provision may not be amended except by a three-fourths vote of both the legislature and the people. If this provision is in conflict with other sections of the Constitution, this provision shall govern.
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The Legislature, in its wisdom—in order to effect a more efficient and equitable tax structure and to further property rights—is impowered at its election to abolish property taxes levied in Texas. In such case, the Republic shall provide revenues as reasonably necessary to county and local governments. Such revenue sharing shall be in proportion to the level of economic activity in each county. In such circumstance, the 15% taxation limit of GDP shall be increased to 20%.
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There shall be no corporate income tax as this discourages business formation, businesses moving to Texas, and is effectively double taxation on individuals.
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Texans support the belief that free market capitalism is the best method to enhance the economy. History confirms that overregulation and most incursions by government into economic matters—no matter how well-intentioned—do more harm than good in the long run. The role of government is to encourage rather than discourage free markets and enterprise. We reject the practice whereby government uses its power to subsidize one favored enterprise at the expense of another, or to penalize large companies simply because of their size. Accordingly, the Republic should not interfere in market systems except in (a) emergencies, (b) overwhelming moral implication, (c) and except in situations elsewhere expressly permitted by this Constitution. However, the Republic may aid free markets by providing information that may help consumers and businesses make choices without dictating what choices market participants may make. Enumerated exceptions:
a.) In order that our economy have a sound financial system, the legislature may set reasonable capital requirements for banks and initial equity requirements for home buyers that it deems consistent with market practices and a sound financial system.
b.) The legislature may pass legislation that protects the environment of Texas. That is, laws shall prohibit spillover costs created by one entity to the benefit of itself but to the environmental detriment of others. Such legislation must not put undue burden on any entity.
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While we embrace the concept that all people are created equal by God and are thus equal under the law, we reject the notion that society should work toward equality of economic outcomes. Thus we reject the notion that a primary function of government is to use its power to take from one class of people in order to redistribute wealth to another class. Justice is not served by using the power of the state to effect wealth redistribution—this being tantamount to theft. Further, history clearly shows that such Marxist ideology inevitably hinders incentives and employment and thus has a negative effect ultimately on the entire economy and on those who are the intended beneficiaries of such wealth redistribution. This Constitution specifically prohibits a graduated income tax in which higher levels of income are taxed at a higher percentage rate. If an income tax is instituted in Texas, all those who pay such tax shall be taxed at the same percentage rate.
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We reject false promises of utopianism which the statist uses to justify all trespasses on the individual’s private property, sovereignty, and liberty.
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Thrift is a trait deemed healthy for society. The Republic shall maintain and enhance the Rainy Day fund to be a source of money for emergencies. This fund may be used to help pay of debts payable to the U.S. government as a result of secession. Further, the Legislature shall encourage individuals to save for healthcare and retirement.
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The Republic should use as its currency the US dollar until such time as the legislature deems that a more sound currency should be adopted.
Education
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Texans believe in family, community, faith, and local control in preference to higher orders of civil government. Accordingly, all matters of public education shall be exclusively in the hands of local school districts and counties and the Republic shall not interfere in matters of curriculum. Parents shall have the right to send their children to any school of their choice, subject to space availability and admission requirements at the school. Alternative schools, private schools, and home schooling are encouraged.
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Only citizens are eligible to vote who either (1) own property in Texas, or (2) have a high school degree and have passed a semester of each of these topics: political science, American/Texas history, economics, and logic.
Church and State
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We reject government by theocracy but embrace, as did the founders of America, the concept of Natural Law, divined by God and discernable by reason and biblical revelation—unalienable rights that are not conferred on man by man, and therefore cannot be legitimately denied to man by man. This Constitution should contain a statement of our absolute reliance on God. And there should be strong statement of acknowledgement, encouragement, and appreciation of the role of the Judeo-Christian heritage in the hearts, minds, and actions of Texans—as well as in the laws and institutions of Texas (The Bible and Government). Paraphrasing the important US Northwest Ordinance (Article 3): “Religion and morality, being necessary for good government and the happiness of mankind, shall ever be encouraged.”
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We acknowledge the uniquely American “public policy trinity” expressed in the US Pledge of Allegiance: God, Liberty, Justice. This “trinity” is key to understanding the successful American experiment. It is a three-legged stool. If God is not there, ethics and rights are defined by whoever has the most power, thus can be taken away. And in order to have liberty, we must have justice to control man’s selfish propensities within a moral framework and the Rule of Law. And justice can only be defined by an understanding of evil, which is only meaningful within the context of objective moral values and our Christian heritage.
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Texas affirms a separation of authority between church and state. But we reject the notion that God is to be totally separated from government. Accordingly, we affirm the right of citizens to acknowledge God in public settings. The church is free to influence the state through moral suasion without fear that the state shall muzzle it. Thus faith is not a threat to society but rather vital to its survival. We remember such statements as the following from America’s first two presidents:
a.) President George Washington (Farewell Address): “Of all the dispositions and habits which lead to political prosperity, religion and morality are indespensable supports. In vain would that man claim the tribute of patriotism, who should labor to subvert these great pillars of human happiness, these firmest props of the duties of men and citizens. The mere politician, equally with the pious man, ought to respect and to cherish them. A volume could not trace all their connections with private and public felicity. Let us simply be asked where is the security for prosperity, for reputation, for life, if the sense of religious obligation desert the oaths, which are the instruments of investigation in the courts of justice? And let us with caution indulge the supposition, that morality can be ever maintained without religion. Whatever my be conceded to the influence of refined education on minds of peculiar structure, reason and experience both forbid us to expect that national morality can prevail in exclusion of religious principle.”
b.) President John Adams: “We have no government armed with power capable of contending with human passions unbridled by morality and religion. Avarice, ambition, revenge, or gallantry, would break the strongest cords of our Constitution as a whale goes through a net. Our Constitution was made only for a moral and religious people. It is wholly inadequate to the government of any other.”
Welfare
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Texas rejects the expansive welfare state as history shows conclusively that overreaching government welfare programs are wasteful and tend to perpetuate poverty. Instead, this constitution directs the legislative branch to encourage compassionate alternatives that are personal and voluntary on the part of the giver, and challenging, spiritual, and life-changing on the part of the recipient. Notwithstanding the foregoing, it is recognized that there are people who are incapable of being self-reliant—either temporarily or permanently—and the Republic of Texas is be committed to finding solutions to such as are in need.
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The Republic shall not assume unfunded liabilities, burdening future generations. Such unfunded liabilities include unfunded promises for retirement income benefits.
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In addition to the Health Savings Accounts, the Legislature is hereby directed to encourage comprehensive health care solutions that rely on the private sector and minimize the cost to the Republic. Such solutions should, where reasonable and practible, be owned by the citizens rather than their employer in order for solutions to be more responsive to each individual’s needs, thus being (a) portable, and (b) provide for incentives for the citizen to practice a healthy lifestyle. Healthcare should contain the “Four C’s”: Competition (citizens should be allowed to buy policies from insurance carriers outside of Texas), Cash (take the middle man out of the equation as much as possible), Catastrophic Insurance (high deductible insurance at low cost), Charity (encouragement of faith based groups to provide health insurance and care.) Nothing in this Constitution shall prohibit corporations from providing health care to its workers.
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The Legislature may establish a Texas Compassion Fund. This fund, if established at he pleasure of the Legislature, would provide money for those in need. All assets of the fund should come from voluntary private donations.
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We affirm the right of the Republic to provide nondiscriminatory aid to church groups for specifically limited matters of social welfare and compassion ministries. Nothing in the Constitution shall require such aid. Nothing in this Constitution shall limit a church’s ability to share its religious views with recipients of such aid.
Immigration
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The Constitution shall include language welcoming and encouraging immigrants, but controlling immigration. It shall direct the legislative and executive branches to
a.) establish and maintain a process by which people who are literate and of clean records, who desire temporary permits to access Texas to obtain employment or other valid purpose, may obtain them. The Republic may accept such applications from non-citizens who are residing within Texas even though here illegally, as well as those outside of Texas. However, if accepted for the permit, illegal aliens are subject to a tax penalty on earnings. This establishes a rational and compassionate process to assimilate people residing here illegally who are a beneficial part of Texas culture without amnesty.
b.) establish and maintain a process by which people holding legal permits may work toward citizenship
c.) limit immigration to a generous but specific annual limit consistent with what the Republic can absorb
d.) consider special rights to US citizens desiring to be citizens of Texas
e.) ensure that people residing and working in Texas are doing so legally
f.) secure our borders from illegal entry
Other considerations on immigration include: (1) Children of illegal aliens born in Texas are not automatically citizens. (2) Illegals aliens are not entitled to welfare services from tax dollars, such services being provided only by private organizations.
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The official language of Texas shall be English. The Republic shall, at its expense, at least periodically, provide evening English classes at locations around the Republic convenient to all citizens.
Judges
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The Legislature may override the decisions of the courts by a two-thirds majority vote.
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This Constitution should include revised methodologies to more easily impeach judges who are deemed to be legislating from the bench. All state-wide judges may be removed from office by a 60% vote of the people. All state-wide judges should therefor be on the ballot for potential removal every 4 years.
Military
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The Legislature shall provide for a military.
Postal Service
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The Legislature may contract with private firms or with the US Postal Service for mail delivery.
Original Intent
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This Constitution is to be interpreted as written and faithful to its original intent.
References:
James Henley Thornwell statement about the Confederate States:
How Capitalism Saved America by Thomas DiLorenzo
Liberty and Tyranny by Mark Levin
The Tragedy of American Compassion by Marvin Olasky
Texas: A Whole Other Country 