Resolution: Restore Liberty to Innovate Sustainable Infrastructure (pdf or docx)

Urging the United States Congress to oppose the Green New Deal’s consolidation of unconstitutional powers.


  1. WHEREAS, liberty is the source of the general welfare as individuals invent choices and people sort choices (Wisdom of the Many) via free markets and free speech; and,
  2. WHEREAS, the Articles of Confederation were ratified in war to create a general government capable of waging war to secure liberty as defined in the Declaration of Liberty; and,
  3. WHEREAS, the Articles of Confederation proved incompetent at waging war during the Revolution and incompetent at suppressing paths to war after the Revolution (Shay’s Rebellion, NY vs NH skirmishes over Vermont), the Constitution was ratified to create a general government with unlimited taxing powers on individual citizens for the limited sovereignty of waging war and suppressing behaviors that build paths to war; and,

Federalist #45: “The powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite. The former will be exercised principally on external objects, as war, peace, negotiation, and foreign commerce; with which last the power of taxation will, for the most part, be connected. The powers reserved to the several States will extend to all the objects which, in the ordinary course of affairs, concern the lives, liberties, and properties of the people, and the internal order, improvement, and prosperity of the State.”

  1. WHEREAS, to limit wars and Federal taxing in the name of war, the US Constitution divided sovereignty in an enumerated powers document where liberties and powers not enumerated as sacrificed to the Federal government are retained by the people and states; and,

Federalist #51 (Madison): “Ambition must be made to counteract ambition.”

Federalist #46 (Madison): The federal and State governments are in fact but different agents and trustees of the people, constituted with different powers, and designed for different purposes.

Federalist #28 (Hamilton): “Power being almost always the rival of power, the general government will at all times stand ready to check the usurpations of the state governments, and these will have the same disposition towards the general government. The people, by throwing themselves into either scale, will infallibly make it preponderate. If their rights are invaded by either, they can make use of the other as the instrument of redress. How wise will it be in them by cherishing the union to preserve to themselves an advantage which can never be too highly prized!”   [[The people have found it necessary to use these two types of governments to wage war on the other in the Revolutionary and Civil Wars.]]

  1. WHEREAS, the Federal mission statement, the Constitution’s Preamble, mandates the Federal government “provide” for the defense of liberty for ourselves and our Posterity (wage war and suppress paths to war); and,
  2. WHEREAS, the US Constitution’s Preamble limits the Federal government to only “promote the general welfare” with power over welfare being retained by the people (see #1 above) and the States (see #3 and #4 above); and,

Divided Sovereignty of the Preamble is restated in Amendments 9 and 10 of the Bill of Rights:

Amendment 9

“The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.”

Amendment 10

“The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.”

  1. WHEREAS, the US Constitution specifically forbids Federal taxing to build infrastructure beyond that required to defend free speech, and mandates that every state be treated equally in commerce and infrastructure; and,

Article 1, Section 8 on what Congress can tax to provide: “To establish Post Offices and post Roads.”

Link to background on the Constitution’s ratification and 21 Presidential veto messages defending the “post Roads” restriction. Since 1817 powerful Congressman tried to tax all Americans to fund pork projects in their districts.

Article 1, Section 9 on Congress’s obligation to not favor one state over another: “No Preference shall be given by any Regulation of Commerce or Revenue to the Ports of one State over those of another.”

  1. WHEREAS, Federal taxing the people to “provide” internal improvements is forbidden and gives economic advantage to citizens in some states at the expense of citizens in other states; and,
  2. WHEREAS, the Federal government may promote welfare programs, such as building highways beyond post Roads, but taxing to fund such programs is state sovereignty with the Federal programs obligated to the state funders for their efficacy (checks and balances of Divided Sovereignty); and,
  3. WHEREAS, the New Deal violated the Constitution by taxing and mandating Federal infrastructure monopolies that resulted in Climate Change, foreign oil addiction, oil-dollar funded terrorism, oil-wars since 1991; and,


        • The New Deal mandated the burning of coal to produce electricity in 1935, wiping out the many small renewable energy businesses that were making up to 80,000 windmills per year and caused approximately 600,000 windmills to be abandoned.
        • The Federal-Aid Highway Act of 1944 and 1956 removed efficiency as a market force, approximately 46% of freight railroads (400+ ton-miles per gallon) have been abandoned and replaced by a Federal highway monopoly operating at about 25-mile/gallon efficiency; and,
  1. WHEREAS, eight US Presidents called on the Federal bureaucracies to end foreign oil addiction because of threats to national security, oil-dollar funded terrorism, and foreign oil-wars, yet Federal bureaucracies increased that foreign oil addiction; and,


      • Increased foreign oil from 20% of needs in 1973 to 65% of needs in 2008.
      • CO2 emissions increased 3% in 2018.
      • 6.8 million barrels of foreign oil were imported the week of March 15, 2019.
      • Perpetual oil-wars since 1991.
      • Terror attacks such as 9/11.
      • Climate Change
  1. WHEREAS, Congressional Office of Technology Assessment Study PB-244854, published in 1974, specifically identified the Personal Rapid Transit (PRT) network in Morgantown, WV as a solution to traffic congestion and ending foreign oil addiction; and,
  2. WHEREAS, Morgantown’s PRT network has delivered 46 years of oil-free transportation, proving that eight Presidents’ calls to action could have been answered had Federal bureaucracies not blocked implementation of patents such as 6/810/817, 8/948/978, etc.; and,
  3. WHEREAS, Morgantown’s PRT network delivered approximately 150 million injury-free passenger-miles in the same period the Federal highway monopoly resulted in 1.8 million road-deaths; and,
  4. WHEREAS, the State of Georgia, exercising the divided sovereignty of the US Constitution, conducted a hearing and is restoring liberty to privately fund networks that build on the success of Morgantown’s PRT; and,
  5. WHEREAS, ending the Federal communications monopoly in 1982 restored liberty and free markets resulting in millions of jobs building the Internet to replace rotary telephones under Federal monopoly; and,
  6. WHEREAS, millions of jobs will be created as free markets digitize power and mobility networks once liberty is restored; and,
  7. WHEREAS, Thomas Edison noted what was practical with renewable energy in 1910, what will be accomplished once liberty is restored, and what has been blocked by New Deal infrastructure monopolies; and,

“Sunshine is spread out thin and so is electricity. Perhaps they are the same, Sunshine is a form of energy, and the winds and the tides are manifestations of energy.”

“Do we use them? Oh, no! We burn up wood and coal, as renters burn up the front fence for fuel. We live like squatters, not as if we owned the property.

“There must surely come a time when heat and power will be stored in unlimited quantities in every community, all gathered by natural forces. Electricity ought to be as cheap as oxygen….”

NOW, THEREFORE, BE IT RESOLVED that the United States Congress shall defend liberty to innovate sustainable infrastructures in free markets by enforcing the clear text and meaning of US Constitution and shall oppose the Green New Deal’s proposed mechanisms of Federal consolidation of unconstitutional powers. Sovereignty over “internal improvements”, to provide the general welfare, is retained by the people and states.