Marco Island City Council Constitutional Survey- Jared Grifoni. Questionnaire: Please share your understanding of the US Constitution.

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1 Marco Island City Council Constitutional Survey- Jared Grifoni Questionnaire: Please share your understanding of the US Constitution. 1) Does the Federal or any subordinate government have the right" or the authority to take away your individual rights? YES or NO. Explain. Absolutely not. Our individual rights are INALIENABLE and this means, by definition, that our rights cannot be taken NOR given away. 2) Where do our individual rights come from? Our individual rights are inherent and inalienable and attach at the moment of creation irrelevant of any governmental organization or decree. This is undeniable whether or not you believe that these rights come from God or as natural to our own humanity. 3) What is the primary role of local government in the lives of free citizens? The primary role of government generally is to secure our individual rights, namely the rights to life, liberty, and the pursuit of happiness by protection against force, fraud, or aggression. It is clear today that government is simply doing too much and this micromanagement is causing unintended consequences that unduly impact the livelihood of the people. Local government must allow citizens to live their lives freely, both in the business realm and personal realm, so long as individuals are not causing harm and violating the rights of another and to ensure the protection of our Constitutional liberties. 4) What is the Constitutional responsibility of local MI City elected officials? The Constitutional responsibility of Marco Island City Councilors are not different from the Constitutional responsibility of any other elected official from the President of the United States on down. Elected officials all take an oath to support, protect and defend the Constitution of the United States and the State of Florida. Elected officials should not be in the business of micromanaging the affairs

2 of every citizen but instead to ensure that all citizens have an equal voice and opportunity to succeed without picking winners and losers. 5) What was the legal compact (contract) between the 13 Independent Nation States that created the Federal Government? The legal compact between the 13 free and independent states that created the Federal Government was the United States Constitution. 6) Does the Supremacy Clause in Article VI of the US Constitution give the Federal Government and the Supreme Court the ultimate power to determine the constitutionality of any law passed by Congress? No, this is a common misconception. The Supremacy Clause states that laws made in pursuance thereof (referring to the Constitution) are the supreme law of the land. Laws that are in conflict with the Constitution would be null, void, and of no effect. Thomas Jefferson wrote of the beautiful equilibrium on which our constitution is founded and we should remember such when discussing the proper roles of the federal and state governments as well as the inherent rights of the people per the Declaration of Independence and the 9 th and 10 th Amendments to the Constitution. 7) What are the basic differences between Keynesian economic theory and Austrian economic theory? What is your basic economic philosophy? The basic difference between Keynesian and Austrian theory is that Keynesians believe that government intervention into the market is essential. Austrians believe that spontaneous order amongst individuals (true free market) is the best environment for economic growth. Keynesians believe that spending (debt) is what drives economic growth while Austrians believe that savings and production are what drive growth. I consider myself part of the Austrian school because I believe that the freer the markets, the freer the people (and statistical indicators bear this out). When government intervenes in the marketplace through central planning it ultimately leads to larger distortions and misallocation of resources (boom/bust cycle, look at the housing crisis and bailouts of the Great Recession as an example) and that

3 debt and unsound monetary policy creates inflation that hurts the middle and lower economic classes as well as those on fixed incomes by devaluing the dollar. 8) Do the States have the authority to limit the federal government to its constitutional boundaries? Why or Why not? Yes, the states granted limited and defined powers to the federal government under the Constitution. The 10 th Amendment specifically reserves non-delegated powers to the States or to the People. 9) Would you support a congressional law that defines the General Welfare Clause based on the Original Intent of our Founders? YES or NO. I don t support unnecessary law making. I believe that the General Welfare Clause speaks for itself and that rather than making new laws we need to elect people who understand and support the original intent of the Founding Fathers. The intent of the General Welfare clause was not to grant additional and unnamed authority to the federal government but further the ends that were already enumerated in the Constitution. 10) Why does the Bill of Rights include the 9 th and 10 th Amendments? Explain each and why they are both part of the US Constitution. The entire Bill of Rights, including the 9 th and 10 th Amendments, were added to the Constitution as codicils to address concerns of the anti-federalists by specifically guaranteeing certain individual rights and applying additional clear limitations on governmental powers. The 9 th and 10 th Amendments were included to address concerns about listing rights (our rights are innumerable) and over state powers. The 9 th Amendment addresses the first concern by stating that the enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people. The 10 th Amendment clearly states that any powers that were not specifically delegated to the Federal government are retained by the states or the people.

4 11) Is the Oath of Office to the US Constitution you swear relevant your daily responsibilities as a MI City Councilor? Explain Yes, as a City Councilor one must always ensure that he is acting in good faith to uphold the Constitution. This comes into play all the time when considering new ordinances and when making decisions that might have a direct impact on the rights of the citizens of Marco Island. All actions taken by City Council should first meet the test, Is this Constitutional? and if it isn t, it should not be pursued. City Council, as the most closely elected body to the people, has a direct responsibility to stand up and represent the citizens of Marco Island and be willing to defend their rights and speak in their defense at all times. 12) What does shall not be infringed mean? It means that something (namely a person s rights) cannot be limited or restricted. 13) In your opinion, what are 2 current examples of the most egregious Federal overreach to Constitutional powers that affect MI City and County elected officials and what is your proposed remedy to each? I think that any federal overreach beyond what is constitutionally permissible is egregious. One of the more recent examples of this would be in education through the implementation of common core by utilizing the hook of federal dollars to compel desired state action. Secondly, I would say that the overall expansion in the size and scope of government at the federal level has led to a debt/money crisis. With approximately 20 trillion dollars in debt and estimates approaching 130 trillion in unfunded liabilities, continual printing of money, and loss of purchasing power, this has placed a tremendous burden on state and local officials, and most importantly upon the people themselves. A positive way to fight against federal overreach is by acting at the local level and by building support throughout the community through issue-based advocacy and education. Over the past two years I helped lead the effort to fight common core in Florida through local grassroots action by working with our local governmental bodies (Collier County School Board, City Council, County Commission) to draft and pass resolutions calling on the Governor and State Legislature to return greater control to our local bodies in this area under Home Rule powers.

5 With respect to the debt issue, I have been a leading fiscally conservative voice in the community against reckless spending and cronyism. I have fought against multi-million dollar bailouts and tax hikes and I have fought in favor of reducing spending and debt reduction. The example we help set here at home on City Council is extremely important. 14) Some believe the US Constitution is a living, breathing document. What is your view and why? I am an attorney. The Constitution is a legal document and words mean something. You cannot say that a contract signed between two individuals today is a living, breathing document and that the terms of the agreement are flexible and without meaning. The Founders intent and the plain words of the Constitution must be adhered to as closely as possible. Now, the Founders did provide us with a way to change the Constitution if we felt necessary. If someone wants to alter the meaning of the Constitution then it must be done through the Amendment process rather than by simply claiming the document means anything we want it to mean at any particular juncture in time (which essentially renders it meaningless). We must also understand that the rights in the Constitution are timeless. Consider that the First Amendment protects speech and in the Founders time it would be applied to handwritten or oral communication while today that right to free speech clearly applies to electronic/internet speech too this to me is not a living, breathing change but rather an eternal principle applied to modern times. 15) Do you support Article 1, section 8 of Florida s Constitution, including the exception that makes it unique to most of the 50 states? Explain. I believe that the Second Amendment to the US Constitution more strongly supports the natural right of citizens to provide for their defense. The Florida language is a bit weaker by granting authority to the state to regulate the manner of bearing arms. Therefore, I am a stronger supporter of the federal Constitutional language than the state language. 16) Describe what guides your moral compass.

6 The Golden Rule: Do unto others as you would have them do unto you. This principle aligns perfectly with my belief in liberty and that all individuals are created equal and have the right to pursue their own happiness without violating the rights of another. I have learned over time that it is not our business or of government's business to determine what another individual can do in his or her own personal life so long as the action is peaceful. I believe in live and let live and that force, fraud, or aggression should not be used to achieve social or political goals. When you act, do so peacefully. When you debate, do so constructively. When you disagree, do so respectfully. "God has formed us moral agents... that we may promote the happiness of those with whom He has placed us in society, by acting honestly towards all, benevolently to those who fall within our way, respecting sacredly their rights, bodily and mental, and cherishing especially their freedom of conscience, as we value our own." --Thomas Jefferson 17) Name three primary principles from the US Constitution that will guide you as our elected City Councilor? Explain. 1. Limited government government intervention should be minimal and focused on the protection of individual rights. All should be treated equally and fairly in the eyes of the law. 2. People s rights are innumerable People should be free to live their lives as they see fit so long as they do not cause harm by violating the rights of another. 3. Popular sovereignty Adherence to the principle that we are a government run by the people, not a people run by the government. 18) What is your understanding of State Sovereignty? State sovereignty means that a state (a government) maintains exclusive control over everything within its boundary. In our system, sovereign states have ceded certain enumerated powers to the federal sovereign but otherwise would maintain control in other non-delegated areas. This is a positive in that it acts to diffuse power from one central authority. Individual sovereignty, that is the concept of self-ownership, goes further. Our Declaration of Independence also speaks of

7 individual sovereignty when it states that governments derive their just powers from the consent of the governed. 19) In your opinion what is the most important clause in the Declaration of Independence, Constitution and Bill of Rights? This is a difficult question as it is hard to pick just one clause from each document. Without any given clause the entire meaning or purpose of the documents could drastically change. Declaration of Independence The Declaration is a beautiful document and I encourage everyone to keep a copy and read it often. It is hard to pick just one clause but in the interest of this survey, I would choose We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness Constitution Article V is important because it provides for a pressure release valve for the states and the people through their representatives by defining the process to amend the Constitution in the event it became necessary or desired. Bill of Rights I would have to choose the clause that ultimately became the 9 th Amendment. The 9 th Amendment recognizes that our rights are innumerable and that it is not for government to determine everything that we can or cannot do in our lives. Rights do not come from government. 20) Would you support the repeal of the 17 th Amendment? Why or Why not? Yes, I believe that a repeal of the 17 th Amendment would help return the original balance designed by the Founders to our federal system with a House of Representatives directly elected by the people and a Senate accountable to the state legislature of a respective individual state. 21) Have you read these primary source documents from our nation s founding? 1100 Charter of Liberties x, Magna Carta _x, The Petition of Right of 1628 x, The Grand Remonstrance x, Bill of Rights of 1689_x, US Declaration and Constitution x, The Original Federalists Papers x The Original Anti-Federalist Papers x Yes to all.

8 22) What is your philosophy regarding accepting Federal Grants? The short-term way to look at this issue is that Marco Island citizens pay a significant amount of money each year in taxes to the federal government. Federal grants may help alleviate that burden by bringing some of that money back home that otherwise would be spent elsewhere. All federal grants should be properly vetted for strings attached and the public should be a part of the process to determine if and when the City government should accept and utilize grant funds. Long-term we need to understand as a nation that with a national debt approaching 20 trillion dollars and well over 100 trillion in unfunded liabilities, it is imperative that we get a fiscal house in order and return to a Constitutionallysustainable government. Grants are not free money. These funds are typically redistributed wealth from taxpayers and/or newly printed money that increases our overall debt and reduces the value of our currency which negatively impacts the greatest those who are on reduced or fixed incomes. In an era of economic uncertainty our City government is called upon to demonstrate greater fiscal responsibility. 23) Do you agree to have your answers published for public review? Yes Your signature validated by a Notary Public attests to you personally answering these questions and that they accurately portray your personal views to the best of your ability. Date signed Seal and Signature of Notary