Urgent - Beware of scam e-mails in support of the 28th Amendment

Over the past two weeks I've received 7 seperate e-mails requesting I sign a petition in support of the 28th Amendment. Reading how the Amendment was phrased and what it would accomplish was very enticing.

However, a little research opened my eyes to what may be one of the bigger scams being run on the Internet today.

This is a very dangerous hoax. There is in fact an effort to add a 28th Amendment but it is not what is included in the emails I've received. In fact, the wording you've highlighted IS NOT INCLUDED IN THE PROPOSED Amendment!

If you go to the following web sites you will see that the proposed amendment contains 2 Articles and 11 Sections, 10 are specific changes or clarifications to our existing constitution, see: http://www.realdemocracy.com/28web.htm for the petition and http://www.realdemocracy.com/art28.txt for a clearer text of the proposed amendment.
After reading the actual proposed 28th Amendment in its entirety I find I can't possibly support it for the following reasons:
Article 1 reclassifies our form of government as a "direct representative democracy". However it then proceeds to define that all power be vested in the people. To me this is an oxymoron in that you can't have both a representative government and one with all power vested in the people as by vesting all power back with the people makes the government a Democracy, NOT a Representative Government. This would infer that polls or some other form of input be made avail to the elected representatives and they would be obligated to vote in accordance with the poll or election outcome. This is not necessarily a good idea if we get to the point where the people can directly vote on the benefits received by the government. There could be no end to the amount of largess demanded of the government when more unemployed or low income voters outnumber those who actually pay the bills. The concept is is not just a complete 180 degree shift from our current form of government, it is very dangerous.
Article 2 Restates that elected officials be nonpartisan (already stated in Article 1). This eliminates all political parties, in my mind this is NOT a good thing. This article also establishes the term of office for all representatives to be 1 year based on a vote at the end of each year. If the incumbent does not obtain at least a 51% approval rating a new election will be scheduled to elect a replacement. This is simply not a workable solution to the problems we are experiencing (at least not in my mind). The elimination of political parties potentially creates chaos in the Congress as there will be no clear means of identifying collaborative associations, leadership or even the ability to identify who speaks for which position. Further, making elected officials subject to individual election results on each piece of legislation eliminates the ability of the minority to be represented. (I fear we are quickly becoming a nation of haves and have-nots with the poor being able to dictate what those who earn a living and pay for the governments function must provide. This will be particularly true if illegal immigrants are not specifically prohibited from voting via some form of positive identification or other means of identifying their legal status other than a drivers license which can be obtained without proof of citizenship.) The real problem is corruption, not political parties.
Article 2, Section 3 - Simply reiterates in specific terms what Articles 1 & 2 infer - that representatives in both houses must vote based on majority vote of the citizens who choose to participate in any legislation or policy vote. NOT GOOD! There are the occasional times when politicians must vote for what is truly in the best interest of the country as opposed to popular vote. Clearly we have a problem with politicians voting as party bosses dictate but eliminating the ability of a representative to vote independently of the polls creates more problems than it cures.
Article 2, Section 4 - Calls for all judges, at every level, to be elected. This is not good. It turns all judges into politicians and makes them start thinking of their retention based on satisfying the electorate rather than the law and our constitution This article also calls for all cabinet, department and agency heads to be elected and retained subject to annual confirmation... the LAST thing we need is to turn every government leadership position into a political base where all decisions are based on being retained in office rather than what is in the best interest of the Nation. More politicians is NOT what we need. Further, this would eliminate the President's ability of forming a Cabinet of like minded individuals.
Article 2, Section 5 Eliminates the electoral collage. (Sooner or later there had to be something good here.) This one is good, in fact it's a great idea who's time has come. I personally like the idea of eliminating the Electoral collage with the President and Vice President being elected based on popular vote. This would break the strangle hold the bigger states retain in the electoral process.
Article 2, Section 6 - Repeals the 16th Amendment (Income Tax Authorization) but DOES NOT provide for an alternative form of government income. An alternative needs to be added -- such as the FairTax. The fact is the Constitution does authorize the House to establish tax rates and practices. Unfortunately this little clause in the Constitution has become the basis for most of the graft and corruption abounding in Washington now. Anyone and any organization can obtain a change in the tax code for a donation to Representatives' and Senators' Campaign Funds. Thus we have a tax code of more than 650,000 pages with more changes and additions being added nearly every day congress is in session. There are only two ways of taking this power away from the congress, either through a flat tax or the FairTax. And only the FairTax eliminates the need for payroll withholding allowing us to keep every penny we earn. Only the FairTax would eliminate the IRS as there would be No Annual Tax Returns and thus nothing to audit for individuals or businesses. Only the FairTax will dramatically increase jobs, making the USA more competitive in the global market. Only the FairTax will return manufacturing jobs, the highest paying sector, to the US as to complete products currently manufactured off-shore would have to be manufactured within the US. And only the FairTax provides a more than adequate tax base for the government to function while increasing personal earnings. For more information go to: http://www.fairtax.org/site/PageServer
Article 2, Section 7 - Restates the ability to have the Constitution Amended. However it goes further by creating the ability to recall the President and Judges. There is no method nor criteria provided thus this could become very chaotic. Can you imagine that George W. Bush would not have been recalled by the liberals when he was doing what was needed to protect the US? This is not a good idea unless specifics are provided and limitations put in place. A sitting President or Judge could find themselves in an on-going election mode simply to stay in office and this would tie the hands of judges and politicians where they couldn't focus on what is important and in the best interest of the country if they have to be on-guard not to offend opponents who are well financed and well connected. Further, as already stated, judges must rule based on the constitution, not what is politically popular at any given time. Additionally, there is no need to restate our ability to amend the constitution as it already exists and has been in place since the initial draft of the Constitution.
Article 2, Section 8 - Calls for interactive electronic devices be provided to every household to help improve our education capability. This will not only be horribly expensive but there is no evidence that by itself would help improve our education system. Frankly, everything these electronic devices could provide can also be provided over the Internet. What we need is a better curriculum based on fundamental skill and knowledge delivery without left wing bias If we are serious about improving our education system we should eliminate the Department of Education and prohibit Education Unions. We should require certification exams of all teachers in the courses they teach (such as lawyers, doctors, nurses and other professionals must take) along with a Continuing Education requirement and annual professional evaluations based on results/outcomes for every teacher in their area of specialization along with the ability to fire those who are unable to teach at an acceptable level. Text books must be scrutinized to assure accuracy and lack of bias (left or right) and students must be held accountable for learning the required material prior to being promoted to the next grade. Further, we should allow for advancement by subject rather than by "year". Thus a student could advance in those courses they have a demonstrated proficiency in but be required to repeat those that they can not demonstrate proficiency in. The other change I'd recommend is the creation of extensive hands-on learning materials and aids as >85% of people learn best by doing, not listening or seeing. Finally, I'd recommend a renewed emphasis on craft training for those students who do not desire further education in collage. Our country lacks skilled craftsmen and our education system continues to be biased against anyone interested in a carrier working in a craft rather than administration, law or other collage required profession. The truth is, most skilled craftsmen make a very good living and support their families as well if not better than many, if not most, collage graduates.
Article 2, Section 9 - simply continues Section 8 by calling for the funding of interactive electronic devices to come from existing public education funds. Sounds nice but the truth is that's simply a different way for saying they will be paid for by tax dollars. In a word, NO!
Article 2, Section 10 - Is somewhat confusing. It places the responsibility of establishing education standards with the Federal Communication Commission. Why? What possible advantage would this provide? The reality is, the responsibility for education lies and the State and Local level, not with the Federal Government. Beginning with the first year the Federal Government became actively involved in education via the Department of Education, results and student success has deteriorated almost on an annual basis.
Article 2, Section 11 - Simply states that this amendment supersedes previous amendments and specifies that no amendment may be added to the constitution that could or would diminish the citizen's or states' rights. Frankly, I have no idea what this is supposed to mean. Article 10 (though little known nor recoconized by members of the House and Senate) already guarantees States Rights. Disallowing amendments, for any reason, is a direct violation of the constitution and the heart of our system. If Amendments couldn't be added we'd still be living under prohibition!
Most importantly, Note: None of these Sections address the wording provided in the e-mail regarding: "Congress shall make no law that applies to the citizens of the United States that does not apply equally to the Senators or Representatives, and Congress shall make no law that applies to the Senators or Representatives that does not apply equally to the citizens of the United States ." This wording IS NOT In the proposed 28th Amendment!

Bottom line the proposed 28th Amendment is not something I could ever support in its current format. I'm afraid that the e-mail being forwarded is misleading and totally bogus. By attempting to get people to sign a petition for something that its not is truly a dangerous practice.

I realize these are my own personal beliefs and clearly do not represent those of the authors of the Amendment nor those who support it. But an opposing view isn't necessarily bad.

Best regards,
Cork
De Oppresso Liber
"In God we trust"
Lord: please keep your arm around my shoulders and your hand across my mouth. Amen
Q. Why is it that children are not allowed to read the Bible in school but can read it in prison?

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