An Extreme Proposal for Extreme Times

Have you noticed that we are losing our constitutional republic? Those we have tasked to maintain our form of government are now working to undermine it. When the laws and Constitution are eventually rendered meaningless, it will be lost – forever.

As it stands now, we have prosecutors that won’t prosecute criminals if they’re part of a favored class. The FBI is happy to drag conservatives out of their homes, at gunpoint, in the middle of the night for the most trivial of reasons – like looking for a Presidential daughter’s lost diary. The ATF is visiting private homes, demanding to inspect firearms, with no warrant. Doctors at the NIH are getting big fat bribes royalty payments from pharmaceutical companies under the table. And the only agency empowered to fight the corruption – the Department of Justice – is the most corrupt of all.

The Convention of States Action organization is working towards an Article V convention to amend the Constitution. One of their goals is to rein in government overreach. But how? How can we straighten out renegade federal employees (including judges and politicians), when they hold all of the enforcement powers?

Do you remember in the movie Casino, when the manager (played by Robert DeNiro) discovered a quality problem with the restaurant’s muffins? Some had a lot of blueberries, and some had none. He ordered the chefs to count the number of blueberries in every muffin – a very time intensive solution for people who were already busy. It seemed like a silly order, but was actually quite brilliant. He was telling the chefs, “If you don’t police your own quality, you won’t like the way I do it.” Being forced to count the blueberries, in thousands of muffins, not only fixed the problem, but provided a little punitive response as well. In the real world, I’d bet the blueberry pancakes would end up looking amazingly uniform too.

Well, our public “servants” have had their chance to police their own quality and they’ve done little more than give us the finger. They have refused to police themselves, so it’s time for us to police them. Now it’s blueberry counting time. If they don’t like our punitive approach, that’s on them.

I know this proposal will be viewed as extreme. But with an out-of-control government, it’s time for extreme measures. We need an amendment or legislation giving every citizen standing to sue anyone on the federal payroll for legal or constitutional violations. Make our “servants” vulnerable to lawsuits if they do things like:

  • Violate our privacy and leak confidential personal information (addresses, tax returns, gun ownership, etc.)
  • Strongarm social media companies into censoring speech
  • Leak confidential government information (like investigative data, or court deliberations)
  • Falsify evidence to obtain warrants or initiate investigations
  • Target political adversaries with punitive audits
  • Issue executive or regulatory orders in knowing violation of court rulings

You know, the kind of stuff that has become common behavior by our paid public “servants.”

The legislation should grant standing to every citizen, not just those that suffer financial or physical loss, because when an agent of the government violates the law, it’s far more serious than when a private citizen commits an infraction. It is an attack on the rule of law by the custodians of the rule of law. When the system itself is attacked, every citizen who has vowed to live by that system is a victim.

The lawsuits should be tried in the plaintiff’s home jurisdiction, since that’s where they were victimized. If I live in Idaho, and a knucklehead in a big white building in Washington attacks freedom of speech, my injury occurred in Idaho – and that’s where the lawsuit should be settled. Federal employees need to understand that if they’re determined to violate our Constitution, they’ve chosen to do a high wire act over concrete. They don’t deserve, and they shouldn’t get a Washington, DC jury safety net.

Further, the liability should be personal not institutional. when the IRS was sued for violating the rights of conservative advocacy groups, it shouldn’t have been the taxpayers that paid the penalty. Lois Lerner should have had to pay the penalty out of her own government salary created savings account. Let’s see if government functionaries actually believe in their mission to remake America enough to risk personal bankruptcy. I’m guessing that most government parasites are only interested in pursuing ideological objectives as long as it isn’t their skin in the game.

Critics will complain, “But with such personal liability, won’t it be hard to get people to work for the government?” I’m waiting to hear the bad part. We might have to learn to live with smaller government – darn.

However, there is a way around that problem. Federal employees could start carrying liability insurance, just like doctors and motorists do. I was a scuba instructor for many years and I even had to carry liability insurance. My premiums ate up about a quarter of my annual earnings. Why shouldn’t federal employees be responsible for the quality of their work as well? The influence they wield over us is far more consequential than that of any doctor. A doctor’s judgement only affects a few patients. When a bureaucrat goes rogue, millions are affected. Is it unreasonable that they be accountable for their lapses of judgement or quality?

Of course, if their work tends to be on the criminal side (looking at you Fauci), or they work for an agency prone to abuses (like say the FBI) their premiums may be higher than that of other public “servants.” That will be up to the insurance underwriters to decide. I can live with that. It might even create internal pressure for rogue agencies to clean up their own act if the premiums are exorbitant.

Let federal employees put their personal assets at risk, or else pony up for insurance – as long as they’re insurable. If they’re not insurable – because of a history of bad behavior – that sounds like another win-win. As Doris Day would sing, “Que sera’, sera’. Whatever will be will be.” They can either start paying their losses out of pocket (like the rest of us) – chuckle, chuckle – or get out of public “service.” The problem solves itself.

I know everybody on the Federal gravy train is going to freak out over this, and insist that it’s unreasonable. They’ll complain that they’ll be inundated with lawsuits. Well yeah, that’s the consequence of the so called “service” that they’ve provided to their customers – us. They have wielded their power over us with great glee – even to the point of violating the founding principles of our republic. They have resisted any pressure to police their own quality. There’s a price to be paid for that. Now it’s time for extreme measures. They can accept personal accountability, or we can just fire everybody at the DOJ, FBI, ATF, IRS, DOT, CDC, NIH, DOE, HHS, etc., etc., etc., and rebuild them from the ground up – starting with an analysis of if we really need the whole alphabet soup.

One thing is certain, the current situation is unacceptable and unsustainable – unless we accept that we are now subjects of a bureaucratic tyranny. I’m hearing a lot of demands for government accountability. I’m not hearing any demands to cut the federal bureaucracy some slack. We still live in America, in spite of those on the federal payroll trying to make it something else.

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2 thoughts on “An Extreme Proposal for Extreme Times”

  1. I think we are past the point of having a Convention of States fix this country. The underlying principle in a Convention of States is to pass amendments to fix what is wrong with the federal government. The underlying problem with that concept is the feds don’t follow the existing Constitution, why will they follow an amended Constitution? I think one of our most brilliant Founders – Jefferson- laid out the only realistic fix to the problems we see in society today. Here is the exact quote from our original founding document:

    “Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security.”

    • I couldn’t agree more, but it allows one to ask a certain question: How does one replace what is broke? We have never been there, and our solution is not yet refined. A convention of states is just one remedy for times when we can take it, to correct what ails us. Right now, we have to get to the point of being able to make the time, which I think means that something external from our supposed constitutional process will have to happen before we can make any remedy that is lasting.
      My worry is that we will face a bloody civil(?) war, just to get back what we lost. People will have to be jailed, if not worse, and broken systems, or agencies will have to be abolished and something will have to replace some of those systems.
      Jefferson was right to use the words “Throw off such government”. It looks like that will have to happen, just to make the Constitution whole, again, and to put in safeguards to prevent this from happening again. Any way it happens, there will be a mess left behind.

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