Steve G.

Posts Tagged ‘federal’

Constitutional Oaths and A Plea to President Obama

In Barack Obama, Corruption, Democracy, Democrats, History, Law, Libertarian, Libertarian Politics, Politics, Protest, Republican, US Government on January 30, 2010 at 1:25 am

I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States.

This simple thirty-five word Oath of Office is specified by The Constitution of The United States as the one, single oath which much be taken by every person who will serve this nation as our President. After this oath is taken every four years, however, no one seems to ever pay much attention to it, but it is important enough that it is the ONLY oath spelled out word for word in The Constitution. There are also only two specific obligations it places on a President; to “faithfully execute the Office of President of the United States” and to “preserve, protect and defend the Constitution of the United States” to the best of their ability.

While no other oath is specified in The Constitution, it DOES state in Article VI, clause 3 that:

The Senators and Representatives before mentioned, and the members of the several state legislatures, and all executive and judicial officers, both of the United States and of the several states, shall be bound by oath or affirmation, to support this Constitution; but no religious test shall ever be required as a qualification to any office or public trust under the United States.

For other federal officials, including members of Congress, it specifies that they “shall be bound by Oath or Affirmation to support this constitution.” By federal statute, the oath which must be taken by all members of The House of Representatives and The Senate, as well as by The Vice President, members of the Cabinet, and all other civil and military officers and federal employees other than the President is:

I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God.”

The taking of oaths by all other federal officials in addition to the President dates back to the fourteen word oath created by the first Congress in 1789 (“I do solemnly swear (or affirm) that I will support The Constitution of the United States.”), but the current wording is based more on the oaths written during The War Between the States which were intended to allow treason charges to be leveled against those who supported the south or didn’t support the Union.

The first Congress also specified in The Judiciary Act of 1789 the oath which would be required of all federal judges in the United States:

I do solemnly swear (or affirm), that I will administer justice without respect to persons, and do equal right to the poor and to the rich, and that I will faithfully and impartially discharge and perform all the duties incumbent on me, according to the best of my abilities and understanding, agreeably to the Constitution, and laws of the United States. So help me God.”

In fact, federal judges are currently required to take not just one, but TWO different oaths:

I, _____ _____, do solemnly swear (or affirm) that I will administer justice without respect to persons, and do equal right to the poor and to the rich, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as _____ under the Constitution and laws of the United States. So help me God.”

And:

I, _____ _____, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God.”

Federal statute specifically states that this second oath “does not affect other oaths required by law.”

Within the military forces of The United States, the oaths required of both officers and enlisted men are statutory and are prescribed in Section 3331, Title 5 of the United States Code. The oath which officers are required to take is:

I, _____ _____, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God.”

While enlisted men are required to take this oath:

I, _____ _____, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; and that I will obey the orders of the President of the United States and the orders of the officers appointed over me, according to regulations and the Uniform Code of Military Justice. So help me God.”

An important distinction between the oaths required of officers when compared with that required of the enlisted ranks is that the oath taken by officers does not include ANY provision to obey orders. While enlisted personnel are bound by the Uniform Code of Military Justice to obey LAWFUL orders, officers in the service of the United States are bound by their oath to disobey ANY order that violates The Constitution of the United States.

As far as I can tell, these are all of the oaths required by our federal government for any person who is in any way obligated to serve The United States of America (I am obviously not aware of any secret oaths which might exist within the shadowy corridors of secrecy which our country tries to keep hidden from its citizens). I am also not including the oaths taken by the National Guard or officials of the various states, counties and communities as doing so could fill a small book, needless to say, all of those oaths must meet the same Constitutional requirements as these federal oaths do.

At this point you are probably wondering why I have spent almost a thousand words just to tell you want the different United States federal oaths are. It is very simple. OATHS MATTER! Whether we pay attention to them or not, our Constitution requires them and many people take them, which means MANY people are BOUND by them. Now, as you read through them, you might have noticed that there is only one thing which they ALL have in common (aside from all being very short). I’ll give you a minute to look back through them in case you haven’t noticed it yet.

Every single oath proscribed by or contained within The United States’ Constitution and/or federal statue, EVERY one, obligates the taker to preserve, protect, defend, uphold, support and/or administer justice agreeably to The Constitution of The United States, not the nation, not the people, not the business interests, not any person, concept, idea or entity other than THE CONSTITUTION itself. Furthermore, where any of the oaths mention enemies, it specifies enemies foreign AND domestic, ALL enemies of The Constitution, not enemies of the nation or the people but of THE CONSTITUTION. Thus, by my personal interpretation (and, I assume, that of everyone who demands a strict, literal interpretation of The Constitution), while the economy, national security, foreign, etc. are important concerns of our federal government, as provided for WITHIN The Constitution, the SINGLE most important duty of the President and every member of our federal government is to ensure the health of and obedience TO that constitution. ALL other considerations come after that one and NO duty or obligation is higher than it.

Every time I hear our President say that he “wants to look forward”, I want to cry. We cannot look forward or move forward by ignoring the past. What he is trying to do is build a wonderful new house upon a foundation that is very badly damaged. In such a case, it doesn’t matter how well you construct the house, it will not last because it must have a solid foundation. In fact, the bigger the house, the more important the integrity of the foundation is. Oaths matter, but so do the principles demonstrated by those who take those oaths. No matter what words we might choose, words are not actions and principles are demonstrated by our actions. A principle is only a principle if it is something you do even when it is difficult, inconvenient or could cause you, yourself, damage. If principles only required us to do things when they are easy or convenient, when there is no real cost associated with following them, then EVERYONE would be principled. Principles DO matter and what is shown to us by a person’s very real actions is what tells us what their principles truly are, not the words they tell us.

Therefore, I call upon Barack Obama, the 43rd President of the United States to uphold his constitutional oath of office and preserve, protect and defend The Constitution. I call upon him to repair the damage done to our constitutional government by past administrations and officials, elected and appointed. I call upon him to define what his powers are as President under The Constitution and to specifically repudiate those which are not consistent with the provisions of The Constitution, including the power to single handedly declare that he will not obey and uphold laws or treaties enacted by Congress simply because he doesn’t like them or to claim dictatorial powers to dispense with constitutional provisions (like habeas corpus, cruel and unusual punishment, right to speedy trials, legal advice and hearing all evidence presented against the accused.) upon his own whim. I call upon him to publicly repudiate the entire concept of The Unitary Executive and acknowledge the Constitutional invalidity of all exercises of such by ALL Presidents going back to the administration of Harry Truman. I call upon him to investigate and prosecute all officials and officers of The United States, in every branch and department of The United States who have ever done harm or damage to The Constitution, including by refusal to abide by legal and treaty obligations, up to and including war crimes committed within The United States and/or in the name of The United States by anyone in or working on behalf of The United States, up to and including former Presidents and Vice Presidents of The United States.

 To Mr. Barack Obama, 43rd President of the United States, I would like to personally say this:

Mr. Obama, I know that you were elected to be President of The United States for many reasons… our economy is bad and people thought you could fix it; our national reputation is tarnished and people thought you could improve it; we needed hope for the future rather than fear of it and people thought you could give that to us; and for so many other reasons both important and trivial. However, there were many people in this country, including me, who voted for you because our Constitution and our constitutional government have been horribly damaged over the course of the last eight years, if not over the last quarter of a century, and we believed that you could and would work quickly and aggressively to fix it, as well as to prosecute and punish those guilty of violating their own oaths to it and of doing harm to it.

No damage has EVER been done to our Constitution by any EXTERNAL enemies of our nation. Those who attacked us on Sept. 11, 2001 might have hurt our nation and killed our citizens, but they did not hurt our Constitution. The same is true of Timothy McVeigh and the bombing of the Alfred P. Murrah Federal Building on April 19, 1995. He attacked the people of the United States but he did not threaten or harm our Constitution. No external enemies of our nation ever did any damage to our Constitution in the 50s, 60s or 70s. All of that damage was done by domestic enemies who were attacking The Constitution from within… McCarthy, The House Un-American Activities Committee, J. Edgar Hoover, the Nixon Administration and many others. No damage was ever done to our Constitution by the Soviet Union or ‘international communism’ but rather by those Americans who thought that the Soviet Union was so dangerous that they had the right to violate our own laws as well as our Constitution. But in fear of communism, many threats to our Constitution result from the actions of our own Congress and administrations from Truman to Reagan. No foreign enemy has EVER harmed or even threatened our Constitution over the entire course of our history as a nation, but many domestic enemy have, and they have done so while wrapped tightly in the flag of and holding the symbols of The United States, going back to at least 1798 with The Alien and Seditions Acts. America may have been threatened many times in its history by enemies foreign and domestic, but no threats to our Constitution have ever come from external forces attacking us, they have ALWAYS come from our own internal rot.

I know it will be difficult to do. I know that it will cause political problems and turmoil. I know that it could precipitate a political civil war within this country. I know it would detract from other areas which you need to address, such as our economy. None of that matters however. The oath you took obligates you to do this. It isn’t a choice, it is a duty, and no one gets to pick which duties they will fulfill based on which ones are more difficult or unpleasant than others. Remember though, you are the person who is charged by the Constitution to execute the provisions of and laws according to it. In the end, your most important legacy will not be our economy, our wars, or our energy policies, or our healthcare system; those things are all transitory. In the end, your most important and lasting legacy will be what you demonstrate to the American people about what our Constitution and our constitutional government really mean. There is no one else, Mr. President, except you upon whose shoulders this duty falls. Please, do not let our nation, no, not our nation, please, Mr. President, do not let our CONSTITUTION down. I don’t think we can survive if you do.” 

Rhys M. Blavier

Romayor, Texas 

Truth, Justice and Honor… but, above all, Honor

© Copyright 2009 by Rhys M. Blavier

“Mommy, why is Daddy so angry… and insane?” (The Internal Breakdown of the Republican Party in 2009)

In Congress, Corruption, Democracy, Democrats, George Bush, History, Libertarian, Libertarian Politics, Politics, Republican, US Government on October 27, 2009 at 7:20 pm

There are many archetypes for the father figure. The most disturbing one is probably the domineering task master whose “love” comes at a cost that can never be paid. That cost is absolute deference, obedience, compliance and respect and, to him, deference, obedience and compliance are the proof of proper respect. He finds humor in ‘jokes’ which categorize and belittle others because they support his own view of his natural superiority over “lesser” (i.e. – different) people. This archetype believes that his children also begin their life owing him a debt that can never be paid back, life itself. As such, his children are his property, chattel that he has paid for. He sees himself as all-knowing, all-powerful and always right. He is focused on rules and control. He will not tolerate backtalk or even being questioned. He not only wants to instill fear in his children, he wants them to fear that, even if they somehow do something that he sees as wrong without his knowing about it, they will still face retribution and punishment for eternity from a vengeful God; the same God who gives the father-figure his authority by giving him children. This father-figure believes that his right to have power over others is given to him directly by God; that his power and authority cannot be questioned or limited by anyone, and that few in the world are his equals. His God has also given him the ultimate power, the power to banish to the wilderness those who violate his given order. What he gives, he can (and will) take.

This archetype is what the Republican Party has become.

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Like most political observers, I have watched with fascination the Republican Party’s rapid descent into madness throughout the course of the year. In fact, that breakdown has been so spectacular that even people who DON’T widely follow politics or news are aware of it, whether they recognize it or not. While I have heard much discussion of what they are doing, I have not, however, heard anyone pinpoint a single core cause of that breakdown. We have plenty of “what” being talked about but little to none of “why”. As I have spoken of before, people are focused on the “symptoms” of a disease without identifying the “disease” itself. Two recent incidences with my own brother gave me a clue about what that “disease” actually is. The core of the Republican Party is simply an authoritarian “father” who is mad that their “dependents” (the American People) aren’t respecting or listening to them anymore. They are angry because they have no control over their “children” and authoritarians THRIVE on being in control.

The Authoritarian Personality was a 1950 book written by UC-Berkeley psychologists Theodor W. Adorno, Else Frenkel-Brunswick, Daniel Levinson,, and Nevitt Sanford. In their book, they first described the “authoritarian personality” theory of personality. Their research lead them to the conclusion that this personality is developed by psychodynamic, childhood experiences which make them predisposed to follow the dictates of a strong leader and traditional, conventional values. They identified nine traits, which they hypothesized were clustered together as a result of those experiences, which identified this personality type:

     • Anti-intraception;
     • Authoritarian Aggression;
     • Authoritarian Submission;
     • Conventionalism;
     • Destructiveness and Cynicism;
     • Exaggerated Concerns over Sexuality;
     • Power and “Toughness”;
     • Projectivity; and
     • Stereotyping and Superstition.

In 1981, Canadian psychologist, Bob Altemeyer, gave us a refinement of the authoritarian personality theory, which he introduced as the concept of “right-wing authoritarianism”. Altemeyer found that only three of those nine traits correlated together:

     • Authoritarian Aggression (a general aggressiveness directed against “deviants”, outgroups, and other people that are perceived to be targets according to established authorities.)

     • Authoritarian Submission (a high degree of submissiveness to the authorities who are perceived to be established and legitimate in the society in which one lives.); and
     • Conventionalism (a high degree of adherence to the traditions and social norms that are perceived to be endorsed by society and its established authorities, and a belief that others in one’s society should also be required to adhere to these norms.)

The “right-wing” in right-wing authoritarianism does not necessarily refer to someone’s politics, but rather to their psychological preferences and personality. It means that the person tends to follow the established conventions and authorities in society. In theory, the authoritarian personality could have either conservative or liberal political views.

In his 1996 paper, The Authoritarian Specter, Altemeyer reported that his research indicated that right-wing authoritarians tend to exhibit cognitive errors and symptoms of faulty reasoning. Specifically, they are more likely to make incorrect inferences from evidence and to hold contradictory ideas that are the result of compartmentalized thinking. They are also more likely to uncritically accept insufficient evidence that supports their beliefs, and they are less likely to acknowledge their own limitations. The RWA-scale reliably correlates with political party affiliation, reactions to Watergate, pro-capitalist beliefs, religious orthodoxy, and acceptance of covert governmental activities such as illegal wiretaps. Altemeyer found that those who scored highly on the RWA-scale are likely to exhibit several common traits. These personalities tend to:

     • Be Highly Nationalistic;
     • Have Conservative Economic Philosophies;
     • Not value Social Equality;
     • Oppose Abortion;
     • Oppose Gun Control; and
     • Support Capital Punishment.

In role-playing situations, Altemeyer found that authoritarians tend to seek dominance over others by being competitive and destructive instead of cooperative. In his study, sixty-eight authoritarians played a three-hour simulation of the Earth’s future entitled the “Global Change Game”. While a comparison game played by individuals with low RWA scores resulted in world peace and widespread international cooperation, the simulation by authoritarians became highly militarized and eventually entered the stage of nuclear war. By the end of the high RWA game, the entire population of the earth was declared dead.

Research by D. J. Narby, B. L. Cutler & G. Moran (1993) found that authoritarians are generally more favorable to punishment and control than personal freedom and diversity. For example, they are more willing to support the suspension or abolishment of constitutional guarantees of liberty such as the Bill of Rights… at least where those guarantees protect others who they, themselves, have judged to be inferior. They are also more likely to advocate strict, punitive sentences for criminals. Researches by J. Duckitt & B. Farre (1994) and by M.B. Goodman & B. Moradi (2008) found that people with high RWA scores report that they obtain personal satisfaction from punishing those who they perceive as criminals, and that they tend to be ethnocentric and prejudiced against racial and ethnic minorities, and homosexuals.

The modern Republican Party has been dominated by individuals who are not just authoritarian personalities; they are right-wing authoritarian personalities. Since the period following the War Between the States, they have moved steadily away from being a populist party to being a party focused on being able to exert their will on others, even while in the minority. Money, power and political manipulations made them a corrupt party of “elites” who viewed themselves as being superior to those they “governed”. They used demogoguery as a strategy to gain political power by appealing to the public’s prejudices, emotions, fears, and expectations. They mastered the use of impassioned rhetoric, propaganda and abductive reasoning, often through the use of nationalistic, populist, moralist and / or religious themes.

The current schizophrenic behavior of the Republican Party began, in my opinion, with the almost worshipful attitude of the conservative and Christian far-right to their mythology of Ronald Reagan. They see him as their Moses, who was leading them to their conservative “Promised Land”. In 1994, this Promised Land seemed to be within sight with their takeover of both Houses of Congress. Suddenly, the Republican Party was filled with average, everyday people who not only viewed themselves as being elite, but also as being responsible for “fixing” what they saw as the broken soul of America. The big problem is that, by definition, average, everyday people cannot BE elite. This was the political equivalent of the common people of France deposing their nobility and establishing their “committees of the people” to rule instead. As happened in France, once they were in power, they also eventually turned on those among themselves who they did not see as supporting the orthodoxy or dogma of their revolution. Their equivalence was creating the label “Republican In Name Only”, or RINO. With that label they would work to purge their own ranks of those who were not “pure enough” in their belief in the “correct” orthodoxy, essentually removing the very real existence and accomplishments of the historical moderate and liberal wings of their party from their mythology.

Regardless of what the Republicans “promised” in their infamous Contract With America, once they gained the power and positions they believed were ordained for them, they moved to solidify their control over our government by making the Party (rather than the individual elected members) the dominant feature of American Government. They changed rules for determining committee chairs from being based on seniority to being based on how well members followed the dictates of the party. They collectivised their party to minimize the power of individual members and maximize the power of the party itself. Again, the similarities (in action, if not degree) to the French Revolution and the Reign of Terror are remarkable. At this point, they became “Daddy”, saying to America “Do what I tell you to do or I will punish you.”

Following in the footsteps of their mythology’s greatest human hero, Ronald Reagan (under whose administration, for example, federal funds and tax dollars were withheld from states which would not comply with federal demands for conformance on issues like drinking, drugs, speed limits, etc. – essentially blackmailing the states), the Republican controlled Congress with a view to its own dominance, power, and control over the “misguided” states and the people who did not want to do what “Daddy” told or expected them to do. They also envisioned an America under their rule in perpetuity (Karl Roves infamous “permanent majority”). Regardless of their often espoused support of states’ rights (an idea which is not found in The Constitution, contrary to the beliefs of many), they only want the states to be independent of their federal government when the states are ruling as the Party wants them to. In all other cases, they believe that their obligation as the “rulers” of our federal government is to impose THEIR will upon the states when the states aren’t “competent enough” to agree with them.

Even with the 1995 Republican majorities in both Houses of Congress, their first since 1955, they were still “impeded” in their movement towards creating the America they envisioned by having a moderate Democrat, Bill Clinton, as President. Thus, much of their effort was to limit, if not remove altogether, political resistance against their power, including their impeachment of Clinton. In 2000, however, all of their wet dreams o be on the verge of coming true with elevation of George W. Bush to the Presidency. Not only did they get a majority in the House, once seated, on January 20, 2001, Dick Cheney, as President of the Senate, turned an evenly split Senate into one with a majority controlled by the Republican members. During this period, there was, of course, no talk or consideration of working with the members from the Democratic Party and their ideal of bipartisanship was the Democratic members doing what their Republican masters wanted them to do. This, of course, went so well that Republican Senator Jeffords (Vermont), holding the Senate seat that had been continuously held by Republicans for the longest period in American history (144 years), quit the party and became an Independent who caucused with the Democrats. This was the first time we, as a nation, got to see how the modern Republican Party would react to being challenged in its holding political dominance and absolute power. How many of us remember THAT little brouhaha?

Starting in 2003, the Republican Party did have complete control of the Presidency and both Houses of Congress… and they had their eye on having the opportunity to also stack the Supreme Court with those who shared their vision of America. I won’t rehash what those of us who opposed Bush and the far-right conservatives believe about how he governed and what was done to damage The Constitution under their period of dominance. Suffice it to say that we welcomed the slight shift in power which gave the Democrats narrow control of both Houses of Congress a mere four years later. It was at this time that “Daddy” really started to go seriously insane. What happened in 2008, of course, drove “Daddy” completely over the edge of reason.

What I see now in the Republican Party is the equivalent of Cole Oyl, Olive Oyl’s father in the Popeye cartoons and movie, running around telling everyone “You owe me an apology!” The Republican Party has become politically impotent and its impotence has caused rage among the far-right wing of the Party. They are trying to find something, ANYTHING to latch onto to demonstrate to others that they aren’t impotent. Their quest, however, keeps getting more and more trivial, pedantic and ridiculous with each passing week. They are so blinded by their impotent rage that they are once again attacking those among their own ranks who question the power that they believe is their divine right by not ascribing to the “proper” orthodoxy, dogma and “tenets of faith” as the “true believers”. Like any angry, old authoritarian confronted with their impotence, they are searching for a political orgasm.

Yes, that is what I believe it comes down to… they can’t get themselves off politically. That is, in my opinion, the only explanation for their increasingly erratic and dangerous actions… impotent rage. They have a collective need to not only feel that they are vibrant and virile but also that they can reproduce. I believe that all sociological creations of Man (governments, clubs, businesses, etc.) can be viewed and understood by seeing them as living organisms. They all have the same needs and desires of a living organism and, as a living organism, the far-right Republicans see themselves being replaced by other organisms that do not come from their own seed; they suddenly see themselves as mortal and approaching an ignoble end. Unfortunately, there is no little blue pill that they can take to compensate for their electile dysfunction.

Like a once vibrant and dominant man reduced to wearing diapers and drooling; like an alpha-male pack animal who has lost his teeth, those members of the Republican party who are making ever greater fools of themselves are filled with rage against those who robbed them of what they see as their rightful place in American life. In their rage to reclaim their “rightful” place in society they will use any and every means at their disposal to destroy what they can’t have for themselves. If they can’t be in control of our country then they will reduce it to ashes so that there won’t be a country for anyone else to be in control off. It is an attitude that the world has seen before. That is the final lesson that “Daddy” has to teach his errant and ungrateful children… that it is easier to destroy a nation than it is to build one.

Vive’ la Revolution.

Rhys M. Blavier
Romayor, Texas

“Truth, Justice and Honor… but, above all, Honor”

© Copyright 2009 by Rhys M. Blavier
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Thank you for reading this article. Please read my other articles and let me know what you think. I am writing them not to preach or to hear myself think but to try to create dialogs, debates and discussions on the nature of our government and how we can build upon and improve it based on what we have seen and learned over the course of the 225 years of The American Experiment.

This is a link to Bob Altemeyer’s book ‘The Authoritarians’ which you can read on-line:
http://home.cc.umanitoba.ca/~altemey/

How I Think The Constitution Can Be Fixed (Part III [c]: Article I – The Legislative Branch)

In Congress, Democracy, Democrats, History, Law, Libertarian, Libertarian Politics, Politics, Republican, US Government on June 15, 2009 at 12:53 pm

Section 6, paragraph one deals with Congressional compensation for their services.  Many years ago, Congress enacted standing legislation to provide them with regular pay raises UNLESS Congress, at the time of EACH particular raise, actively raises the issue and votes against it.  This is one of the examples I was referring to when I talked about how Congress makes what will be their path of least resistance be what benefits them, rather than the people.  Thus, if Congress does NOTHING, is silent and doesn’t even raise the issue, they get their raise each year.  In ADDITION, they get unbelievable pensions based on how long they served as well as life time healthcare.

To me, this is another simple issue to deal with.  Tie the salaries of ALL federally elected officials to the median incomes of the American people, not counting bonuses or other backdoor ways of hitching things a little higher for them. Based on the real and reported income of all citizens who file income tax reports, divided by ALL citizens, let’s say that (as a starting point for discussion), members of the House would receive an annual salary based on what 60% of the median incomes of all Americans equals to, with Officers of The House getting 62.5%.  Members of The Senate would get a salary based on 65% of the median income, with Senate officers getting 67.5%.  Members of the Supreme Court would get 70% of the median, with The Chief Justice and The Vice President getting 72.5%.  Finally, the highest salary allowed would go to The President, with the salary of that office being based on the 75% of the median incomes of all Americans.

Now, I want everyone to notice something.  I did NOT say that these salaries should be based on mean, or AVERAGE incomes (the total of all incomes divided by the total number of people), I said that they would b based on the MEAN incomes.  The mean is a statistical average based on the individual numbers which are ranked from highest to lowest.  Thus, Bill Gates is only one statistical number, while a disabled elderly person who has an annual income of $5,000 is another individual number equal to Bill Gates.  A median average would give a much more accurate picture of how much average Americans earn and tie the salaries of Constitutional and elected Federal officials to that average.

So, what would THIS accomplish?  Several things; for one, it would make elected Federal officials more caring about how much money the American people have because their own welfare would be improved by having more people earning (and reporting) higher incomes.  In fact, the more income earned by those at the bottom quarter, half and three-quarter marks of the social ladder, the higher the income they would make themselves.  For another, it would increase their focus on eliminating loopholes which allow people to underreport their own incomes. The fiscal conservatives tend to support theories which state that there is a finite amount of REAL income (as opposed to, say, capital income) which is available.  Thus, to raise the income levels of those at the lower ends of the social ladder would mean that the additional monies would have to come at the expense of the earnings of those at the top of the social ladder.  For yet another thing, the more money earned by AND KEPT by corporations and businesses is money that is NOT increasing the income levels of the bottom three-quarters of the income bracket.  This would make Congress more likely to support higher individual wages and eliminate more corporate loopholes.  Again, the more money earned by the most people would benefit them personally… and if the incomes of average Americans goes down, so does theirs.  We would all swim or sink together.  Their pay rates would be worked out and modified every two calendar years to coincide with election cycles.

As for pensions and permanent healthcare, I do not believe that people should make holding elective or political offices their primary livelihoods.  I am against, as I have said before, a professional political class.  I believe in the founders’ idea of people who would make sacrifices in their own lives of short periods of time to serve their nation with their public service and would then go back to their public lives.  Thus, ANY elected official, or any official who is subject to Senate approval would not earn ANY pension or retirement benefits for their time in service.  Regarding members of The Supreme Court, I will deal with them in the part(s) of this article which deal with Article III of The Constitution.

Section 6, paragraph two is the one that says that no Senator or Representative can hold another civil office in The United States during their tenure in their respective House, and that no officer or official of The United States can serve as a Senator or Representative while they hold their other office or position.  This, among other things, is what prevents us from having a Parliamentary system of government and ensures that the membership of each branch of government will be totally and completely distinct and separate from the others.  It also says that:

No Senator or Representative shall… be appointed to any civil office under the authority of The United States which shall have been CREATED, or the Emoluments whereof shall have been Increased during such time [as they served as a Senator or Representative]…”

THIS portion of The Constitution does need to be addressed to clarify, one way or the other, what authority the Executive branch does or doesn’t  have to appoint sitting or recently sitting members of Congress to other civil positions … especially with automatic pay raises being provided for all such civil offices.  Either our Constitution very specifically prohibits this and it is accepted by all members of our government or we change it.  I personally would rather leave it as it is and expect our government to abide by such limitations.

Well, I think this is a good place to end this part of this article.  When we come back, I will address the rest of Article III, including legislation to raise revenue, the budget, and the enumerated powers and authorities of Congress.

(This article will be continued in Part III [d], which will continue discussing Article I of The Constitution.)

Rhys M. Blavier

Romayor, Texas

Truth, Justice and Honor… but, above all, Honor

© Copyright 2009 by Rhys M.  Blavier

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Thank you for reading this article.  Please read my other articles and let me know what you think.  I am writing them not to preach or to hear myself think but to try to create dialogs, debates and discussions on the nature of our government and how we can build upon and improve it based on what we have seen and learned over the course of the 225 years of The American Experiment.

How I Think The Constitution Can Be Fixed (Part III [b]: Article I – The Legislative Branch)

In Congress, Democracy, Democrats, History, Law, Libertarian, Libertarian Politics, Politics, Republican, US Government on June 11, 2009 at 1:52 am

From Article I, Section 3, paragraphs six and seven, the portions of the provisions for either House regarding impeachment require no changes other than possibly the provision that the threat of and right to impeach is a constitutional DUTY of Congress and it cannot surrender its willingness to implement that duty when it is called for.  To do so is malfeasance in the performance of their constitutional duties and should subject any members of Congress who are willing to agree to surrender their willingness to fulfill ANY of their obligations and duties under The Constitution.

Section 4 of Article I deals with the times and places of elections of Representatives and Senators, and with the requirement for Congress to meet at least once every year.

I think that the provisions for periods of adjournments and recesses by Congress are not appropriate to our modern day government.  For those who argue that they do not want Congress in session any longer than it has to be, while I don’t entirely disagree with them, I think the larger and more important issue is how just adjournments and recesses empower the Executive branch as the expense of the Legislative branch.  While I will deal more with such things as ‘recess appointments’ in the part(s) of this article which deal Article II of The Constitution (The Executive Branch), I am against ANYTHING which serves to make the Legislative branch less than equal to the Executive branch, much less subservient to it.  Thus, I think that Congress should never be considered in recess and only be adjourned by standing legislation which provides for pre-defined periods of adjournment, focused around legal federal holidays (not religious holidays) and, say, a single one week-long adjournment each  quarter of the year… each one, preferably centered around an appropriate federal holiday each quarter.  At ALL other times it would be required to be in session (and remember, I would not allow for any member of Congress to hold office for more than a single term, so there would be no NEED for Congress to be in adjournment during election cycles).

Section 5 deals with various procedural matters (such as judging their own elections, the power to compel attendance by absent members, and the prohibition against adjourning for more than three days while in session).  Paragraph two deals with allowing each House to punish and/or expel its own members.  It also states that each House shall determine its own rules for proceedings.  Paragraph three covers the requirements of each House to keep a journal of its proceedings ad periodically publish those journals, as well as the requirement of each House to record the ‘Yeas and Nays’ (i.e. – the votes) of each House and to publish those totals for either House upon the request of one-fifth of the membership of that House.

While The Constitution should not get into the minutia of establishing all of the rules for either House, there are some which I think it would be appropriate to enact, enshrine and enforce within The Constitution.  Among these are:

1.)   No office created by either House of Congress can be specific to any particular political party.  While any party can choose to elect its own leadership by whatever methods it wants, it does not mean that those elected to such offices are deserving of extra pay by the nation or extra privileges and powers within Congress for holding an office restricted to the members of that Party.

2.)  All officers elected by either House should be selected by secret nomination and secret ballot.  I would also recommend the use of Approval Voting for the actual elections.  Again, this would be to try to help break the stranglehold on power which any party holds simply by having more members that any other party.  This provision would probably result in most offices being held by less extremist party loyalists.  If our nation can succeed in establishing a viable third-party, it will throw the current methods of selecting Congressional offices in the toilet anyway.  Let’s do what we can to speed that process up a bit.

3.)   All ballots casts by members of either House should be cast in secret and the individual results of any vote kept but only revealed (published) 25 years later for historical purposes.  Now, I know that this one is going to be met with shock by most people.  After all, how else are we supposed to keep tabs of what these people actually do?  Well, stop and think about this one for awhile.  Let me explain my reasoning for this idea.  Why do WE cast OUR ballots in secret?  So that no one WILL know exactly how we voted which, among other things, limits to ability of anyone else to threaten or intimidate us.  Open balloting in Congress does not help ‘we the people’, it helps the parties, lobbyists and special interest groups keep members of Congress in line with what benefits THEM the most, not what benefits us the most.  Open balloting in Congress allows the political parties, the lobbyists, the special interests groups, the media and, yes, even the people to threaten and intimidate individual Congress who might otherwise have the will to vote their according to their conscious as they believe is right rather than how others want to compel them to vote.   This is also one of the major ways that the two parties effectively prevent other viable parties from having a voice in our system of government (the other major way that they accomplish this is by the maintenance of our current Majoritarian / Plurality election system). (Please see my earlier article on ‘The Laboratory of Democracy — Alternative Voting Methods (Approval Voting) [Re-edit]’ for a more detailed explanation of this idea.)  It is also what allows small groups of extremists to move the politics in Congress in extremist directions and which makes moderate or centrist positions untenable to maintain.

With a provision that, in an investigation, a select independent committee can review specific votes and make them public IF they show evidence or a pattern of corruption, malfeasance or negligence, but also with a protection provision that baseless accusation for no purpose other than to discover what a personal voting record is will be a felony, this provision could provide safety and protection for those legislators who do want to go along with their party’s line on any particular issue.  So, how is a member of Congress judged if their individual votes are not known?  They would be judged in two ways. First, they would be judged by what they say on the record and, second, they would be judged by what their House accomplishes or FAILS to accomplish.  Under this method, ALL members of a House are collectively responsible for what that House does or doesn’t do… they rise or fall together.   This means that their motivation which change to being how can they work together to make them all look good.  Just think about it for awhile, ok?

4.)  Right now, most legislation includes meaningless introductions which tell us how wonderful it is and how it will single-handedly make the world a better place to live (and they are capped off with some kind of sensationalist title which will make those who vote against it sound like they are bad Americans for voting against it… especially those who don’t actually read the proposed legislation that they are voting on.  I believe that ALL legislation proposed and voted on in either House of Congress should include measurable and quantifiable goals, and specific objectives to indicate what will be considered a successful result of the legislation.  Goals and objectives, strategies and tactics.  I also believe all legislative objectives should include a time frame by which the legislation must accomplish its goals or it will automatically cease to have legal standing.  This is not a meaningless point.  The example I like to use has to do with Civil Rights legislation.  Under the legislation as written, neither side of the debate has an actual motivation to see the objectives of the legislation accomplished.  Each side uses it as a weapon with which to attack the other, and leaders on both sides have built their power bases upon the on-going conflict it engenders.  There is more political power to be gained by keeping the conflict going than there is in accomplishing its purposes.  Now, imagine if that legislation had included measurable, definable and quantifiable goals AND it had an objective of accomplishing those goals in, say, 25 years.  One way or the other the legislation would end; the only question would be “when” it would end.  Those who are fighting for the achievement of those civil rights would have been motivated to make sure that the goals were achieved before the end of the 25-year deadline so as to get them in place, and the side which was not in favor of the penalties and restrictions imposed by the legislation would be motivated to accomplish those goals as quickly as possible so that the legislation would go away as quickly as possible.  In either case, if the goals were either not achieved or led to the consideration of additional goals, new legislation could be crafted and proposed at that time which would better meet the needs of that time and that generation.  The purpose of this proposal is to give ALL sides reasons to work together to accomplish things rather than give them reasons to fight against each other endlessly.

To justify why this should be import, keep in mind all of the calls by the people and politicians for, and interpretations by the courts based on what the ‘intention of the founders’ was.  Intention is difficult to know, and impossible to speculate on to determine law when those intentions are never officially, and reliably set forth and documented.  The fact that the founders destroyed all OFFICIAL minutes and notes from The Constitutional Convention can only leave us with one of two ways to make such judgments; either the founders did not WANT us to base our interpretations and decisions based on what THEY intended (which means that we do, in fact, have a LIVING Constitution), OR, they did not understand how important it would be to us to be able to discern their intentions when we try to interpret what they intended.  We need to not only insure that the present generation fully understands what we are trying to do and what we want to accomplish, we need future generations to understand why we felt each specific law was necessary… our intentions, in other words.  Goals and objectives would make legislation easier to interpret and less likely to be twisted and MISinterpreted by other.  It would also allow those who read a law thoroughly to see if the actual content and execution of the law is true to its goals and objectives.

5.)  That idea leads us to Thomas Jefferson’s theories of generational laws.  He said “[B]etween society and society, or generation and generation, there is no municipal obligation, no umpire but the law of nature. . . . [B]y the law of nature, one generation is [therefore] to another as one independent nation to another.”  He also said “Every constitution, then, and every law, naturally expires at the end of 19 years. If it be enforced longer, it is an act of force, and not of right.” (http://www.conlaw.org/Intergenerational-II-2-9.htm) I believe in the idea of generational laws (with all laws having a natural expiration deadline of either 25 or 50 years (generations being longer now that they were when Jefferson wrote that, and some laws being more important than others), depending on the law, with 25 being the norm and 50 being the exception, for several reasons.  First, laws seem to work conversely to the adage that it is easier to destroy than it is to build.  With law, it is easier to pass one than it is to get rid of one.  When politicians or officials come along later and try to have a law removed from the books, the tendency is to wonder what ulterior motives they ‘really have (no matter how bad or irrelevant the law might be) and political inertia tends to win.

As a result, our legal systems end up cluttered with an unbelievable number of laws which are either (a) no longer of any value, (b) no longer in sync with the progress of our culture or, (c) just plain stupid.  A generational law standard would mean, first of all, that no one would have to actively campaign or fight to have laws actively removed piecemeal.  By doing nothing the laws will just go away.  If they still have value or there is still a need for them, they can be re-written and passed again. Secondly, the future will not be bound by considerations or standards of the past which no longer apply to them.  Thirdly, politicians are, by nature, egomaniacs who want to be immortal, and the way a politician becomes immortal is by sticking us with their own ideas of how we should live (i.e. – with laws).  When all of the basic laws are already in place, they have to go farther and farther to find their own immortality.  I would rather have them continually working on and improving basic legislation than to have them spending their time finding cruel and unusual ways to torment, punish and control ‘we the people’.

6.)  I think that all of us, all of us who are not in Congress, at least, would agree that the Legislative Amendment process is out of control and all too easily abused by politicians who cannot get their own moronic ideas passed into law on their own merits; or who want to ‘game the system’ by attaching bad legislation to other legislation that, itself, cannot be voted down.  Riders and amendments are a bane to good legislation which can be (a) understood, (b) respected, and (c) followed by everyone.  This would be simple to deal with.  Any amendment or rider which has nothing to do with the primary legislation AND / OR which does not have the support of the primary author of the legislation (not sponsors or co-sponsors, the primary author) can only be attached to the proposed legislation by a super-majority vote of two-thirds of the House in which it has been proposed in.  Any rider or amendment which does relate to the primary legislation AND has the support of the primary author can be attached if it gets a majority vote in the House in which it has been proposed.  Note: these votes would NOT be to approve the amendments or riders, only to allow them to be attached to the primary legislation before IT was voted on.  For those who want the President to have a line item veto authority, all that would have to be done here would be to say that he has the power and authority to approve or veto the results of such votes before they can be attached to the primary legislation (as provided for in Article I, Section 7, paragraph four of The Constitution).

7.)   Congress has made themselves exempt from abiding by the laws that they force on the rest of us.  This is one of the (many) reasons why it is so easy for Congress to hypocritically impose legislation on ‘we the people’ that is harsh or intolerable… because THEY don’t have to also live with the consequences of their decisions.  This blanket exemption needs to be removed and, any individual exemptions that they want to pass for themselves should be stated publicly, be required to undergo a full and open debate, require a two-thirds super-majority of BOTH Houses AND be subject to Presidential  vetoes for which it would take a three-fourths super majority of both Houses to override.

8.)  As in all things, politicians will take the paths of least resistance.  If their path of least resistance in legislation is to maintain the status quo by not voting for something, they will do that.  Conversely, if they have to actively vote for the status quo to maintain it, they will let it change.  As an example of what I mean by this, consider automatic Congressional pay raises.  Those raises will automatically take place unless Congress actively votes to stop them.  Thus, the path of least resistance is to maintain the status quo by doing nothing and, as a result, allow the raises to happen.  If the legislative process required on-going legislation to require active votes to keep it going, and the path of least resistance is to not vote for something (like the pay raises), they will not vote for them and they won’t happen.  The direction of how Congress votes for on-going legislation needs to be changed so that the path of least resistance is what benefits ‘we the people’ and not what benefits Congress or the government.

(This article will be continued in Part III [c], which will continue discussing Article I of The Constitution.)

Rhys M. Blavier

Romayor, Texas

Truth, Justice and Honor… but, above all, Honor

© Copyright 2009 by Rhys M.  Blavier

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Thank you for reading this article.  Please read my other articles and let me know what you think.  I am writing them not to preach or to hear myself think but to try to create dialogs, debates and discussions on the nature of our government and how we can build upon and improve it based on what we have seen and learned over the course of the 225 years of The American Experiment.