Triage and Repeal
The real contract with Americans is simple to honor: triage all existing statutes, vote to summarily repeal the vast majority that are unconstitutional, and keep voting to summarily repeal until you gain enough votes and you do repeal all these statutes.
April 8, 2022
Senator Rick Scott (R-FL, 75% Liberty Score under Pres. Trump , 87% now ) recently urged Republicans to commit that if they win congressional majorities they will carry out “An 11 Point Plan to Rescue America .”
Sen. Scott’s plan addresses school choice, race data, police funding, border security, government size, term limits, election processes, families, biological sex, religious freedom, and national interests. These 11 points are fleshed out as 128 policy ideas.
Proliferating policies and diluted commitments, though, would be the same-old problematic process. The real solution is to simply honor the real contract with Americans: the Constitution.
Triage All Statutes
Although presidents shall from time to time recommend to congress’s consideration such measures as they shall judge necessary and expedient , all legislative powers granted in the Constitution are vested in congresses .
Organizationally, routine responsibility for various existing statutes is taken by various congressional committees’ and subcommittees’ majorities , . Also there’s the safeguard  that overall responsibility remains with each house’s majority, which can bypass the committees and subcommittees by directly bringing up bills for votes .
Procedurally, in senates the filibuster and cloture rules are unconstitutional. These rules make each majority senator’s vote count less than each minority senator’s vote. These rules also deprive vice presidents of their power to vote when the vote is equally divided, a constitutional power that mere Senate rules can’t overrule .
Oaths of office require each legislator to support the Constitution .
Together, these things mean that each congressional house’s simple majority has the power, organization, and duty to methodically examine every statute for constitutionality, and to vote to summarily repeal every statute that the members individually interpret to be unconstitutional .
Legislators can screen existing statutes for constitutionality using the following simple criteria :
The few statutes that fail this screen but are constitutional are easy to recognize. A congress’s exceptions and regulations on national courts, for example, read like grabs of judicial power, but congresses are explicitly delegated the power to make these rules ; this offsets the judicial power.
Statutes that are constitutional consist entirely of rules and associated sanctions, with all tradeoffs already made . After statutes that are constitutional are enacted into law, all that’s left to do is enforce the law and judge cases.
When statutes are limited in this way, powers are separated simply and fully .
Statutes that are constitutional don’t authorize any administrative-bureaucracy rulemaking or adjudication. Both are unconstitutional because both are tyrannical .
Triage and full repeal aren’t hard; living under tyranny is hard. And this tyranny can only be formally repealed by legislators.
If supporting the Constitution will mean that a committee or subcommittee must dissolve, then plainly the committee or subcommittee should never have formed and should have been dissolved long ago. To be the first members who finally did the right thing would be an honor .
In committees and subcommittees and in the full houses, the first members who are willing to triage the existing statutes won’t be in the overall majority. At first they won’t even be in the majority of the majority.
But no matter. Each member’s contract with us isn’t a contract for him to control his colleagues’ actions, it’s a contract for him to control his own actions.
The honor required of each member is to vote to triage, to make sure that at least one member sponsors each required full-repeal bill, to vote for full repeals, and to solidly keep voting for full repeals.
Each member’s job is to support the Constitution. Each voter’s job is to support him, to bring in reinforcements, and to keep this battle up forever in favor of freedom.
Clear a Path to Freedom
“Great Inflations” ,  accelerate when more and more people start expecting governments to print increasingly-more money with no end in sight. People stop holding money in reserve, and instead buy other things as fast as they can . Investors become uncertain they can earn future returns, and they stop investing.
Investors’ uncertainty froze into place the Great Depression. Investors became pervasively uncertain about how much of their property they would be able to keep secure from governments. Investors considered their prospects for future returns too risky to justify making current investments, and they stopped investing.
We have regime uncertainty now.
Today’s regime uncertainty becomes inescapable when a senator who has a Liberty Score of 75% to 87%—making him currently our 7th-most pro-liberty senator —proposes proliferating policies and diluted commitments.
If instead our best politicians would get behind triaging all existing statutes and would stand firm in voting to summarily repeal every statute that they themselves interpret as being unconstitutional, then this would be the turning point towards regime certainty: certainty of secure life, liberty, and property.
Humans have great ability to envision the future . We don’t need to reach the end of a journey to visualize the whole path unfolding before us.
James Anthony is the author of The Constitution Needs a Good Party and rConstitution Papers, has written in The Federalist, American Thinker, Foundation for Economic Education, and American Greatness, and publishes rConstitution.us. Mr. Anthony is an experienced chemical engineer with a master’s in mechanical engineering.