Reply – Re: $13 Trillon Challenge
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Re: $13 Trillon Challenge
— by Torm Howse Torm Howse
The original challenge was expressed (via recent OCA email update) as:

"Your decisions that affect your lifespan, your health, or your financial security all are within Congresses authority to regulate. Congress can prohibit, require, punish and demand anything that affects your health, your finances or your lifespan. I challenge anyone to identify anything that is not within Congressional authority to regulate using this method of justification."

So, if that is the method of justification for this challenge, let us first recognize that, indeed, Congress' power invidiously infiltrates virtually every aspect of our lives these days, which (constitutionally) is far, far beyond the true authority granted (by us!), and would certainly cause every Founding Framer to roll several times over in their graves.

However, just for the grins of challenge, and maybe to make them also directly useful as examples to be leveraged right back into the current OCA lawsuit, relevant answers would be and are (drum roll.........):

1.  Your personal religious beliefs/Faith (not public acts/expressions, 'cuz that mixes into legal aspects of the First Amendment, etc., sometimes, but just your own personal, private beliefs, in your own home, etc.).

2.  Whether or not you procreate children, and, if so, how many children you procreate.

3.  Your personal preferences of music listened to, television and movies watched, books read, etc. (again, like #1 above, only your own personal, private, in-home, etc.).

4.  Your political party preferences and beliefs, etc....

5.  (so far still..) Your domestic traveling preferences/choices.

Sure, there's plenty of others.  But, let's also consider the opposite situation -- something that should be obvious to most every American citizen -- that the Congress does NOT and never did have ANY power, whatsoever, to regulate in any fashion, but yet it has done just exactly that, and in ever-increasing, ever invasive methods, over the past four decades and still counting, still increasing, out of control:

God-given, natural, inherent, blood relationships amongst the immediate members (fathers, mothers, children) of every single family unit in America!

Yes, even though the federal courts are always the first ones to state and rule that permanent decision-making aspects by government about any domestic relations matters belong exclusively to the States (federal courts will hear direct due process challenges to the actual procedures and similar matters of state domestic relations cases, but NEVER the actual merits of whether divorce, custody, guardianship, etc., was properly decided, themselves).

Yep! Every single day, federal courts are routinely dismissing challenges to wayward state domestic relations matters gone awry, often using -- get this -- their "domestic relations exception" (one of their "abstention" doctrines to avoid hearing anything from state courts that they don't wish to hear..), because the federal courts are uniform in quickly stating that the Federal Government has no moment to be involved with "state law matters", yet the Federal Government clearly has been DEEP into EVERY aspect of virtually every kind of "exclusively state law" domestic relations matters for DECADES now...  managing and micromanaging literally every step and procedure, via yet more carrot-and-stick policies, of every sort of "state law" cases over divorce and separation, child custody/support/visitation, adoption and foster care, child protective services, paternity, guardianship, etc., etc., and etc. ad nauseum...

With ever-expanding control, regulation, taxation, administration, etc., over virtually every conceivable angle of The American Family's interpersonal relationships -- beginning in the mid-1970s with the introduction of vast (and still rapidly growing) bureaucracies federalized to administer all of these various types of "exclusive state law matters", along with more and more taxation, regulation, policy and procedure to sink it in even deeper.

Now, the Federal Government literally controls every procedural step and result of all these federalized "state law" matters, and has vast money-skimming administrations over each and every one of them, actually destroying The American Family unit base (along with marriage, etc.) at a very alarming rate.

Yet, the federal courts 'recognize' that the Federal Government has no business or authority to monkey around with such (formerly-exclusive) "state law matters" in the first place.

In fact, the federalization of "child support" is a PERFECT example of what the federalization of Health Care will do.  Just before that first (and still biggest) federalization of "state" Family Law happened, by creating the OCSE (federal Office of Child Support Enforcement), the Fed had to "justify" the need for same, so the Fed spent some money and time crunching numbers of then-current "paid-in-full" child support obligors versus the ones not paid in full.  They found and published, as their "need" and "justification", that the long-term trend in America's child support payments had always been right around 79-80% paid in full.  So, they used that as "need" to federalize what had ALWAYS been an exclusive matter reserved solely unto state law, because the media and governmental hype was - naturally (and not offensively) - to increase that percentage of child support collected...  A noble idea, itself, just like noble ideas are often used to begin federal programs.

BUT, just like this Health Care "reform" legislation, the Federal Government typically makes much worse anything that it sticks its fingers into.  Soo, what happened after 35 years and some $3.2-3.6 TRILLION spent on all this new federalized program of enforcement bureaucracies (in actual dollars thru the years, and which would be worth some $12-15 Trillion in today's dollars if adjusted for inflation)???  Our great and wise Federal Government has dramatically increased the total national collection percentage of all child support a whopping 1-2 percent...  from 79-80% as the everlasting average rate in the 1960s and 1970s, clear up to a sizzling total percentage of about 81-82% today.

That's right.  For just this ONE federalization aspect of the American Family, the Fed has taxed and spent America to the tune of TRILLIONS of dollars, to fund vast, vast, vast bureaucracies and programs, in order to carrot-and-stick divorce and child support collection as a universally guaranteed result (ever heard of a filed divorce being dismissed, i.e., without the parties actually resulting in divorce?...), and in order to collect ONLY billions of dollars that might not have been collected before -- in order words, at a financial investment LOSS rate, every single day, in the range of HUNDREDS-TO-ONE...

And, actually, it's even worse, because 99% of all that extra measley billions does NOT go BACK to the taxpayers, but is simply forwarded on to the custodial parents, of course.  So, the reality is that federalization of child support (just ONE federalization program over the American Family, and there are several...) has cost America many trillions of dollars, in order to collect only billions extra than what would have NATURALLY happened, and, indeed, what HAD been naturally happening already - as far back as The Fed's crunched numbers also proved back then - in order to financially destroy taxpayers at the truer rate of a LOSS of THOUSANDS-TO-ONE, every day, everywhere, all the time...  let alone the catastrophic devastation to marriage and family in America...

Did I win the challenge yet?  Huh-huh?