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Constitution Support Policies for State and Local Governments

State and local government officers must minimize the likelihood that any person is deprived of life, liberty, or property by abortion, crime, COVID harms, schools, occupational rules, healthcare rules, and elections.

James Anthony
April 2, 2021

The Constitution and all constitutional laws and treaties of the USA are the supreme law.

Most fundamentally, the Fifth Amendment requires that without due process of law, no person shall be deprived of life, liberty, or property.

The oaths or affirmations of civilian government officers require that each officer supports the Constitution [1], which requires that each officer independently evaluates constitutionality of each action he might take and only takes actions that he himself considers constitutional.

Together, these rules demand that state and local government officers immediately limit both our state plus local governments that are projected to spend 18% of GDP, and our national government that’s projected to spend, on net, another 17% of GDP [2].

Abortion ends lives [3]. State and local executives must disburse no funds for abortion and should prosecute any persons who conspire to commit abortions. State and local legislators and executives must eliminate funding for abortion and must enact statues making it explicit that abortion is murder.

Criminal law and enforcement are exercises of most of the power that people have to limit criminals from depriving persons of life, liberty, or property. State and local legislators and executives must limit statutes to rules plus sanctions [4]. State and local executives must enforce statutes as-enacted, with neither abusive prosecution nor abusive discretion. State and local judges must opine solely on the cases before them. State and local legislators must impeach promptly and summarily to remove any privilege to further use any power that more likely than not has been abused even one time [5].

COVID edicts stop us from making choices for ourselves, and this costs lives [6]. State and local executives must void all emergency orders and guidance. State and local legislators and executives must repeal all statutes that delegate power for rulemaking for emergencies.

Also, state and local legislators and executives must enact rules and sanctions against any persons who limit others’ choices regarding face coverings, distancing, testing, and medicines. State and local executives must enforce these rules and sanctions, and state and local judges must judge cases under these rules and sanctions [7].

Government schools grab away from parents the liberty to control the schools that their children attend [8] using taxes that are taken from parents throughout the parent’s lives. State and local executives must send parents the funds these executives currently send to schools. State and local legislators and executives must repeal all statutes that interfere with parents’ financial and nonfinancial control over schools.

State-government occupational rules grab away from customers and producers the liberty to buy others’ work, and grab away from workers the liberty to sell their own work [9]. State and local executives must void their occupational rules, and state and local legislators and executives must repeal their occupational rules.

State-government healthcare rules also grab away liberty and take away property [10], and also must be voided and repealed.

Election process violations allow people to abuse law to deprive persons of liberty and property [11]. State legislators must set the manner of calling legislatures into session regarding election processes. State legislators must direct the manner of appointment of presidential electors. State legislators must prescribe the times, places, and manner of holding elections for representatives and senators.

In meeting constitutional requirements for elections, state legislators must emulate the best practices already proven in elections in other states, and must also adapt best practices already proven for safeguarding valuables in other contexts [12]. Elections must not be licenses to steal.

Life, liberty, and property are secure only when people use their constitutional powers against people who violate rights [13]. Failing to face down tyranny is never acceptable.

Every state and local officer who fails to act promptly deserves no respect, only contempt. Every state and local officer who does act promptly deserves promotion.

Right now, the choices are up to these officers. Soon, the choices will be up to voters.


  1. USA Constitution, art. VI, cl. 3.
  2. Chantrill, Christopher, “Total Budgeted 2021 Government Spending.” USgovernmentspending.com, www.usgovernmentspending.com/total_spending_2021USpn. Accessed 12 Feb. 2021.
  3. Condic, Maureen L. “Preimplantation Stages of Human Development: The Biological and Moral Status of Early Embryos.” Is this Cell a Human Being? Edited by Antoine Suarez and Joachim Huarte, Springer, 2011, pp. 25-43.
  4. Anthony, James. rConstitution Papers: Offsetting Powers Secure Our Rights. Neuwoehner Press, 2020, p. 4.1.
  5. Anthony, James. rConstitution Papers: Offsetting Powers Secure Our Rights. Neuwoehner Press, 2020, pp. 16.1-24.
  6. Atlas, Scott W., et al. “The COVID-19 Shutdown Will Cost Americans Millions of Years of Life.” The Hill, 25 May 2020, thehill.com/opinion/healthcare/499394-the-covid-19-shutdown-will-cost-americans-millions-of-years-of-life. Accessed 1 Apr. 2021.
  7. Anthony, James. “COVID Tyranny Should Be Overpowered Using Laws.” rConstitution.us, 15 Jan. 2021, rconstitution.us/covid-tyranny-should-be-overpowered-using-laws/. Accessed 1 Apr. 2021.
  8. von Mises, Ludwig. Bureaucracy. Yale University Press, 1941, pp. 20-1.
  9. Friday, Lee. “The Problem with Government Licensing Schemes.” Mises Wire, 20 June 2018, mises.org/wire/problem-government-licensing-schemes. Accessed 1 Apr. 2021.
  10. Horowitz, Daniel. “20 Ideas to Crush Obamacare and Cure America’s Health Care Crisis.” Blaze Media, 8 Mar. 2017, www.theblaze.com/conservative-review/20-ideas-to-crush-obamacare-and-cure-americas-health-care-crisis. Accessed 1 Apr. 2021.
  11. Anthony, James. “Zero Tolerance for Election-Manner Violations.” rConstitution.us, 11 Dec. 2020, rconstitution.us/zero-tolerance-for-election-manner-violations/. Accessed 1 Apr. 2021.
  12. Horowitz, Daniel. “9 Laws Republicans Must Pass to Stop Voter Fraud.” Blaze Media, 12 Nov. 2020, www.theblaze.com/op-ed/ready-horowitz-9-laws-republicans-must-pass-to-stop-voter-fraud. Accessed 1 Apr. 2021.
  13. Anthony, James. rConstitution Papers: Offsetting Powers Secure Our Rights. Neuwoehner Press, 2020.

James Anthony is the author of The Constitution Needs a Good Party and rConstitution Papers, and has written in The Federalist, American Thinker, and Foundation for Economic Education. Mr. Anthony is a chemical engineer with a master’s in mechanical engineering.


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