Monday, February 28, 2011

How about a real government for the people?


We thought it was bad when Bush was in charge, but just look at the simpletons running the House of Representatives now. It's Titticut Follies meets Duck Soup.

Boehner, Cantor, McConnell, and the entire new crop of teabagging dingbats like Rand Paul and the freshmen reps give new meaning to the Peter Principle. Face it, we have a completely broken government put in power by a completely broken electoral system.

It is really time Americans took a hard look at our system and organization of government (which we won't) and change the things that are driving us into the cesspool (which of course we won't). For over 200 years we have basically followed the principles and doctrines of the founding fathers -- Madison, Jefferson, Adams, and all the other 18th-century scholars. Stability in the process of law has been our strength. It might now also be one of our greatness weaknesses. Plus, it is the 21st century, and most Americans are barely treated as 3/5 of a person.

The Amendments

So grounded are we in NOT changing, there have only been 27 amendments to the U.S. Constitution in over 200 years. Of the 27, some are not really laws to govern by but rather corrections to flaws and issues stemming from the original document.

The 18th and 21st amendments deal with prohibition (which in reality had nothing to do with government) and negate each other. The 23rd (electoral representation for D.C.) and the 19th (giving women the right to vote) are corrections to obvious flaws. One can argue the 20th (which deals with term-end dates), the 24th (poll taxes), and the 25th (presidential succession) are really just clarifications of early laws. And finally the last amendment, the 27th (congressional compensation), has nothing to do with the rule of law. That leaves 19 amendments that have dealt with shifting times and a more complex country. One could even argue that the 13th amendment, which abolished slavery, is not an amendment to govern but a correction to a horrible mistake. Many racists Republicans are gunning to get rid of the 14th.

And guess what, with so few changes to an ideology established in a period that bears little relationship to an era of instant information in a shrinking world, our government continues to detract from its original aspiration and devolve into an incredibly dysfunctional body. Sure, a large chunk of people (like the right wing and others) will say our Constitution is the single greatest document laying down the basis for the single greatest political system ever (it is not; it allowed George Bush to be elected). So how dare we tinker with it. Well, arrogance knows no bounds from people unwilling or unable to adjust to the world as it is. That attitude and a quarter gets you more worthless American currency and more Congressmen like Jim DeMint and Louis Gohmert.

Here is my two cents: The Constitution (and the political process) ain't working. It needs an extreme makeover. Think Joan Rivers. There are those who do not want change: those in power (who are more and more looking like a bunch of less and less intelligent media whores) and the (allegedly non-ideological) media, both of whom have very little incentive to alter the structure that put/keeps them in power in the first place. Almost anyone in government today (from all political bents) would poo-poo any suggestion of major constitutional rewrites. But to survive as a viable and thriving society in a world of diminishing resources, floundering leadership, and increased divisiveness, we must consider moderation to the very fundamentals that brought us to the place we are at. Change or die. Survival of the fittest.

Here are some of my thoughts – food for discussion. They are not wrong or right, just some ideas on improving a broken (yes, broken, dilapidated, and now dangerous) system.

Elections

First I will say that I wish we had the parliamentary form of government like Canada, Britain, or Australia, where the party in power chooses the leader of government and can also fall from power before the end of the term. There are tons of pluses and minuses to this form of government. But for now I will work within the basic confines of the current government structure.

All elections should be held on Sunday (don't give me the lame excuses of Church or religion or the day of rest -- almost every other nation in the world votes on a weekend, and most churches today are political hotbeds anyway), so yhat people could vote and not worry about the kids at school or getting time off from work. Or if that doesn't suit you, have a two-day election Saturday and Sunday. EVERY polling place in the nation has the same equipment, all with paper trails. If you want early mail-in voting, fine. For the presidential elections, all polls close at the same time, 12 midnight ET, 9 pm PT, 6 pm in Alaska and Hawaii -- one day every four years is not too much to ask of a late-night election. This Tuesday nonsense is, well, nonsense and utterly ridiculous.

The campaigns go on way too long – they really become more of a turnoff and often evolve into a mudslinging anger-fest right out of As The World Turns. The 2012 campaign has been in full force for nearly a year (just watch any cable show and the handicapping is in full bloom). Stopping candidates from early or long campaigning is impossible and fraught with free speech implications, but you can limit advertising and debates to a narrow period of time. (I realize there are major freedom of speech issues with this as well, but what is more important, an honest debate or permanent campaigns to ensure pundits have a job?) The primary process sucks. It is long, expensive, and cumbersome. It should be divided into four regional super-primaries instead of a six-month drawn-out media party. The primaries should be about the candidates and issues, not about what the media wants in terms of covering the candidates and the issues (there is a big difference). Plus, it is expensive. We complain about all the money in politics, and all the donations. When you have a six-month primary system done on such a local-local level, it is bound to get very pricey.

(This issue of money and elections is a whole post unto itself.)

Presidential Election

The Electoral College needs major reformation or to be junked completely. My belief is to ditch the bitch -- get rid of it. It is an anachronism, developed (in my opinion) for arrogant and snobby reasons. The presidency is the only political office in the country that is elected by the entire country, and the current bizarre system allocates votes based on a lopsided and unfair weighting system. This is an electoral system that puts the states (or federalism) above the people (or populism). Votes in Alaska count much more than votes in California. It is a ridiculous and dispiriting procedure. And it is expensive. It is not one man, one vote, and it seems to me to be more Soviet-style than democratic.

We should have a national election where the winner is determined by a plurality of the popular vote, period. Sure, the "get to know the candidate" in more remote places will go away, but to my mind that is a small tradeoff for having every person count the same. Besides, with social media and invasive cable, every candidate is everywhere, everyday. Hand-to-hand campaigning would still be necessary, as would local stops. Right now a Republican would barely venture into New England or New York, a Democrat avoids the places like Kansas or Idaho -- that all would change. The Republicans in Massachusetts would have to be courted, just as the Democrats in Utah would have to be. Diehards would hate this, but too bad -- who cares what the diehard traditionalists think? The upside of this change far outweighs the downside, since the current system is ALL downside.

There is really no valid reason to keep the Electoral College other than tradition and the excuse that James Madison knew more than we did. Sure people will say it protects states' rights, minorities, and the two-party system. Protecting the two-party system is the last thing we should want. But is the presidency about the federal system or about representing the people of the nation?

Three times -- in 1876, 1888, and 2000 -- the candidate with the most popular votes lost to someone with more electoral votes. That is clearly not the will of the people but rather the will of the states. Why should someone in Wyoming have more say that someone in Oregon? The Declaration of Independence should be re-written to start "we the states" rather than "we the people" if that is what we really want from the presidency.

More importantly, we all know first-hand what happens when someone ignores the will of the people -- you get the idiocy of the self-anointed and power-hungry King George (yes we could have dumped him in '04, but if logic prevailed he should not have even been there for dumping). Plus, a little-revealed fact, the current Electoral College setup basically allows the electors to vote for whomever they want to. They do not have to vote for the candidate chosen by their state. While 24 states have laws to punish this, only ONE (Michigan) has the power to actually cancel that "faithless" vote. So in some surreal setting, a candidate could win the popular vote and the electoral vote and still not be elected president. Unlikely, but theoretically possible. This is not democracy, it is lunacy. To me, almost anything is better than the current Electoral College.

I go back and forth as to what would be best with regard to term limits for the president. As currently -- two four-year terms? One six-year term? No limit? I am not sure, but I lean towards one six-year term.

And oh, the Supreme Court cannot stop recounts, and if a justice fails to disclose his wife's income he is automatically impeached.

Congress

The District of Columbia either becomes or is treated just like a state for national political purposes. Zero discussion on this. The fact D.C. residents have no Congressional representation is ludicrous. They're held hostage by the Republicans since over 80 percent of all voters in D.C. are Democrats.

The House of Representatives continues to be population-based. I don't know what the magical number of reps should be, but for argument's sake I would up the number to 565, which is taking the U.S. population of 309,000,000 in 2010 and dividing it by the population of the smallest state (Wyoming at 545,000). Of course, you wouldn't want to change the number of reps every year or even every ten. Just keep it at the base of 565. Frankly, the larger number, the more unmanageable an already unmanageable body would become. Under this algorithm, New York would have 34 reps, while Colorado would have nine.

There should be no gerrymandering of districts -- districts should ONLY be reassigned if the state gains/loses a House seat every ten years after the Census. Districts should be redrawn by bipartisan committee, with strict guidelines, not by state legislatures (no weird shapes to get in certain groups, minorities, or parties in certain districts). You cannot keep all politics out of districting, but it can and should be limited.

Reps should be required to be present for a certain number or percentage of votes or else are admonished, fined, or kicked out. Terms should be increased to three years (these two-year terms practically require reps to start campaigning the day the are elected). One-third (188) could be elected every year, keeping a rotation.

The Senate should be adjusted for some population-based figures. Having two senators from Alaska and two from California is plain stupid and unfair. I propose the top 17 states get three senators, the next 17 get two senators, and the bottom 17 (remember D.C. is added) get one senator. 102 senators, voted by their full state. In addition, three senators are elected by the entire country, essentially stateless senators, for a total of 105. The party with the most senators is in charge. Six-year terms remain, with 1/3 up for election every two years. Same deal on the minimum number of votes as for the House. NO FILIBUSTERS unless the senator actually does his best James Stewart.

If you think that basing both Houses on some sort of population count will really tilt the Congress towards the big states too much, then let's go with the Senate remaining with two senators from each state (102 including D.C.), plus three at-large senators elected either regionally or nationally. These senators would not answer to any one state. Total: 105 senators. There is nothing magic about 100 senators other than the round sounding of the total. Before 1959, there were 96 Senators.

Both bodies should be required to remain in session a minimum of 230 days/year. NO DISCUSSION. This is not a country club. That still leaves six weeks vacation for all Congressmen and plenty of time for Boehner to play golf.

Supreme Court

For this body I have absolutely no issues with term limits -- there should be. These are not elected officials answering to the people, they are appointed, and appointed with politics squarely in mind.

Nine justices, 18-year term limit. Every two years one justice steps down as his/her term expires. This way every president would get to nominate at least two justices (resignation and death would cause an immediate refill of the seat, regardless of the term order, and the appointee would fill the remaining term). The president continues to nominate and the Senate continues approval. This way you would not be stuck with a Scalia or Thomas for a lifetime. The politics of the Supreme Court could change every two years depending on the rotation and the president. In today's court you can predict the vote on every case almost to a tee. There should be strict ethics and guidelines for justices with respect to politics and even the appearance of impropriety. No lunches with the Koch boys.

Chime in. Am I that out to lunch?

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15 Comments:

  • You make some great points, Dcap, though what you propose is far too democratic for America (and for the conservatives who oppose change -- and that includes, I suspect, the majority of Americans, who are generally resistant to change.

    There's no way the U.S. will adopt a parliamentary system (and, trust me, there are problems with that, too), but doing away with the Electoral College system would be great start, as would basing the House more on population. I doubt doing away with state equality in the Senate will happen. It's just too fundamental. But it does make sense for terms to be lengthened for Reps.

    This is all quite revolutionary, of course. I happen to think that a lot could be improved if only the overriding influence of money were taken out of the system.

    By Blogger Michael J.W. Stickings, at 8:39 PM  

  • oh yes --- PUBLICLY funded elections - each viable candidate is handed $x to spent as they wish

    iknow this is a pipe dream - americans hate change as much as they love to be arrogant. they would rather have dysfunctional govt than better lives.

    besides the real presidents - the Koch brothers dont have enough money and would never let this happen

    By Blogger Distributorcap, at 5:21 AM  

  • Great job with your post (and comments). Wishful thinking perhaps but very well thought out.
    I'd like to see this happen.

    By Blogger azphil K7TTi, at 9:22 AM  

  • How about the repeal of free trade?

    How do you feel about that? Hundreds of millions of jobs vanish and you leave that out of your rambling rant about how a perfect world would be?

    By Anonymous Anonymous, at 9:48 AM  

  • The National Popular Vote bill would guarantee the Presidency to the candidate who receives the most popular votes in all 50 states (and DC).

    Every vote, everywhere would be politically relevant and equal in presidential elections. Elections wouldn't be about winning states. Every vote, everywhere would be counted for and directly assist the candidate for whom it was cast. Candidates would need to care about voters across the nation, not just undecided voters in a handful of swing states.

    In the 2012 election, pundits and campaign operatives already agree that only 14 states and their voters will matter under the current winner-take-all laws (i.e., awarding all of a state’s electoral votes to the candidate who receives the most popular votes in each state) used by 48 of the 50 states. Candidates will not care about 72% of the voters- voters-in 19 of the 22 lowest population and medium-small states, and big states like CA, GA, NY, and TX. 2012 campaigning would be even more obscenely exclusive than 2008 and 2004. Candidates have no reason to poll, visit, advertise, organize, campaign, or care about the voter concerns in the dozens of states where they are safely ahead or hopelessly behind. Policies important to the citizens of ‘flyover’ states are not as highly prioritized as policies important to ‘battleground’ states when it comes to governing.

    The bill would take effect only when enacted, in identical form, by states possessing a majority of the electoral votes--enough electoral votes to elect a President (270 of 538). When the bill comes into effect, all the electoral votes from those states would be awarded to the presidential candidate who receives the most popular votes in all 50 states (and DC).

    The bill uses the power given to each state by the Founding Fathers in the Constitution to change how they award their electoral votes for president. It does not abolish the Electoral College, which would need a constitutional amendment, and could be stopped by states with as little as 3% of the U.S. population. Historically, virtually all of the major changes in the method of electing the President, including ending the requirement that only men who owned substantial property could vote and 48 current state-by-state winner-take-all laws, have come about by state legislative action.

    In Gallup polls since 1944, only about 20% of the public has supported the current system of awarding all of a state's electoral votes to the presidential candidate who receives the most votes in each separate state (with about 70% opposed and about 10% undecided). Support for a national popular vote is strong in virtually every state, partisan, and demographic group surveyed in recent polls in closely divided battleground states: CO-- 68%, FL – 78%, IA --75%, MI-- 73%, MO-- 70%, NH-- 69%, NV-- 72%, NM-- 76%, NC-- 74%, OH-- 70%, PA -- 78%, VA -- 74%, and WI -- 71%; in smaller states (3 to 5 electoral votes): AK – 70%, DC – 76%, DE --75%, ID – 77%, ME -- 77%, MT – 72%, NE -- 74%, NH --69%, NV -- 72%, NM -- 76%, OK – 81%, RI -- 74%, SD – 71%, UT – 70%, VT -- 75%, WV – 81%, and WY – 69%; in Southern and border states: AR --80%, KY -- 80%, MS --77%, MO -- 70%, NC -- 74%, OK – 81%, SC – 71%, VA -- 74%, and WV – ‘81%; and in other states polled: CA -- 70%, CT -- 74% , MA -- 73%, MN – 75%, NY -- 79%, OR – 76%, and WA -- 77%.

    The bill has passed 31 state legislative chambers, in 21 small, medium-small, medium, and large states, including one house in AR, CT, DE, DC, ME, MI, NV, NM, NY, NC, and OR, and both houses in CA, CO, HI, IL, NJ, MD, MA ,RI, VT, and WA . The bill has been enacted by DC, HI, IL, NJ, MD, MA, and WA. These 7 states possess 74 electoral votes — 27% of the 270 necessary to bring the law into effect.

    http://www.NationalPopularVote.com

    By Anonymous Anonymous, at 12:16 PM  

  • I would argue that only 3 races in 200+ years is not a sign that the EC is a problem. That being said, I say dump the whole thing.

    By Anonymous Anonymous, at 9:47 AM  

  • If we dismiss these ideas as wishful thinking, we will reduce to zero the liklihood that any of them will ever be implemented.

    Electoral reform by itself may not be sufficient to make the U.S. a real functioning democracy, but it's a good start.

    Term limits for the Supremes seems very doable.

    Redistricting is a great idea, but a bipartisan approach sounds to me like more of the same. Is it still permissable to say "nonpartisan?" As in, redistricting to be conducted by people who will never hold elective office? (Now there's some wishful thinking!)

    By Anonymous Anonymous, at 9:52 AM  

  • It is about freedom of press...

    FYI: The enemy of the people own the press.

    When you have an entertainment driven press. That is profit based you assume they are going to what? Hold people accountable? They will not spend the money or resources to investigate the government or other corporations and you seem to think that fixing "the system" without breaking the media monopolies is going to do what?

    Jobs........ Hundreds of millions of jobs VANISH and the press is silent on trade agreements?
    Yes really...

    So that is what it is... You want change say we force the "NEWS" to be a service. That is all a simple bill at the state county or city level that if they want to broadcast here they need to be a service.

    By Anonymous Anonymous, at 9:55 AM  

  • Some further reforms.

    Abolish the senate and go to a unicameral federal legislature. Alternatively, make representation of the states in the senate proportional to population (like the house).

    (Either of these will require a preliminary amendment of Article V expunging the last clause of the last sentence.)

    Explicitly eliminate the filibuster (assuming you kept the senate).

    Don’t limit the Supremes officially to 9 judges since you (subject to cooperation from the congress) may need to pack the court.

    Allow the congress to fire individual Supremes at will, as many at a time as they wish.

    Subject all elected federal officials to popular recall.

    Require a popular referendum on a declaration of war.

    Abolish districts and elect the congress at large with proportional representation. Alternatively, if districts are kept for the house and specific state representation for the senate then allow instant runoff voting.

    What do you think?

    Should we advocate a series of amendments?

    A new convention?

    Or should we just insist on the ruling class doing what it did to effect the transition from the Articles of Confederation to the current Constitution?

    That is, proceed lawlessly and against the current constitution to impose their will.

    By Anonymous Anonymous, at 10:41 AM  

  • Only allow campaign contributions from people who can actually vote for the candidate (registered constituents) plus a contribution from the party limited to 10% of what is contributed by the constituents.

    By Anonymous Anonymous, at 11:51 AM  

  • As my response takes up a bit of space, I posted it on my blog.

    http://phoenixjustice.blogspot.com/2011/03/responding-to-challenge.html

    By Blogger Phoenix Justice, at 12:38 PM  

  • Thank you for taking the time to write this but one question; where do we start? With so many organizations working towards different goals it would be good to be able to go to one organization to support these ideas and work towards seeing them through. I don't even know who or what does this. I'm tired of only being able to donate money or make a comment. I truly want action and soon.

    By Anonymous chowder66, at 1:32 PM  

  • All very good ideas posted here. I would caution against trying to enact a new constitution, as I have seen drafts of proposed new ones, and they all nearly eliminate many of our most cherished rights. The most important thing we could do to start with is eliminating the corporate and special interest money from our political system. That's where the corruption starts, and then continues in the re-election process. We must do away with the citizens united ruling somehow, and then work for more reforms.

    By Anonymous Angry Texan, at 1:54 PM  

  • i wrote a response but it was eaten

    basically - change or die - the weight of the current mess is not sustainable - the corruption of the right will drag us down way before the debt does

    thanks to all of you

    By Blogger Distributorcap, at 2:10 PM  

  • As far as I know the US is the only country (aside from dictatorships) where the head of state is also the head of government. In effect, his power is unlimted, and he can do whatever he watms. Thus Guantanamo and warrentless wiretaps.

    How about a popular election but adopting the French system of a run-off if no one gets 50% plus one in the initial election.

    Lincoln was elected with about one-third of the popular vote. Had there been a run-off,he would have lost, and there would have been no civil war,with 600,000 casualties. (Read the number again--we are so used to wars such as Vietnam where there are virtually no Ameriucan casualties. That was about 1/10 of the population at the time.)

    To me, all the other many idiotic flaws you mention in the constitution are less major compared to allowing the most powerful ruler in the world to be elected by a tiny fraction of the ruld.

    By Anonymous Jan Rogozinski, at 3:02 PM  

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