Steve G.

Posts Tagged ‘party’

The American Vice Presidency… Graveyard of the Constitution

In Congress, Democracy, Democrats, History, Law, Libertarian, Politics, Republican, US Government on August 27, 2009 at 7:12 pm

America’s first Vice President, John Adams, described the office as “the most insignificant office that ever the Invention of Man contrived or his Imagination conceived”. When Daniel Webster was offered the nomination of Vice President, he said “I do not intend to be buried until I am dead”. Perhaps the most succinct assessment of the office was given by Texan John Nance Garner, a former and powerful Speaker of The House of Representatives and Vice President under FDR for two full terms, who claimed that the office wasn’t “worth a bucket of piss”.

In many ways, the office of Vice President of The United States can be seen as the most singular indication of the noble goals and yet practical failure of The United States Constitution, and its fate was sealed before the 19th Century even began. While there might have once been a chance for the Vice Presidency to have been an office of viable contribution to the functioning of The United States’ government, there are five key moments in early American history which, I believe, combined to relegate the office itself to impotence and insignificance only moderated by either the good will of any particular President or by the vacation of the office of President and subsequent elevation of a Vice President to that office. The first of these moments was the creation of the office itself (1787).  The idea was that it would be held by a major statesman, the candidate for President who came in second and who would, for the greater good of his nation, join the administration of the victor.  Yet within this idea was still recognition of the reality of opposition and the understanding that you would not want to give the primary challenger of the President any real power with which to work against the Chief Executive.  Thus was an office created in which the primary requirement was, apparently, to have a pulse. 

While, primarily because of their revolutionary credentials, Washington’s Vice President, John Adams succeeded him as President, and then Adams’ Vice President, Thomas Jefferson succeeded him, the office of Vice President has not been seen as a natural stepping stone to the Presidency.  After Jefferson, and after the adoption of the 12th Amendment to The Constitution (which provided for the direct election of the Vice President) the only Vice Presidents who have been elected to be President WITHOUT FIRST having already assumed the office through the death or resignation of the previous holder of that office have been Martin Van Buren (1836), Richard Nixon (1968), and George H. W. Bush (1988).  Furthermore, of those three men, Richard Nixon was not the current Vice President when he was elected, having lost to John Kennedy in 1960.  Thus, the two men after Jefferson who were elected to the office of President while holders of the office of Vice President served only two terms between them for a total of eight years, and the three men combined for 4 terms and less than 14 years out of the whole of the history of The United States.  By contrast, Thomas Jefferson, James Madison, James Monroe, John Quincy Adams and James Buchanan (the 3rd, 4th, 5th, 6th and 15th Presidents) all served as Secretary of State and served as President for eight terms and a total of 32 years, while several others served as Ambassadors or envoys to other sovereign nations.  So, we can see that diplomatic credentials have been seen as better qualifying a candidate to be President than serving as Vice President has been.

The second moment in history’s conspiracy to insure the insignificance of the office of Vice President was George Washington’s view that the office was a part of the Legislative branch of the government rather than part of the Executive branch (1789). As a result, Washington not only did not include Adams in his cabinet meetings or consult him very frequently on matters within the Executive Branch. He believed, in fact, that he was not ALLOWED to do so as part of The Constitution’s requirements for separation of powers. It is impossible to minimize the influence Washington had on establishing the precedents and operational functions of The United States government as established by The Constitution. If any man in history had it in his power to make from nothing a relevant constitutional office of the Vice Presidency, it was Washington; but he did not do so. As aware as the Revolutionary generation was that they were making history, they seemed to have had no awareness of the importance of the precedents which they were establishing every day as part of a continuity of history which would last for centuries.

In many ways, they were making it up as they went along and the openness of the Experiment they had initiated would have permitted them to follow almost any vision that they could have put into practice.

The third moment in this sorry tale was the decision of The Senate to forbid the Vice President from being part of the debates and deliberations of their body (1789). We can never know how much of this decision was inspired by the personal rancor and dislike felt by many members of The Senate for the person of John Adams and how much was an inevitable course which would have been followed no matter who had been The Senate’s first presiding officer.

In the end, it makes little difference. While Washington did not consider the Vice President a member of the Executive Branch, The Senate did not consider the officeholder a contributing part of their august body or, therefore, of the Legislative branch of government. While a man with more people skills and a more stable temperament might have been able to make the Senators accept the Vice President as a full member of The Senate, John Adams was not that man. As Adams wrote to his wife Abigail, “It is to be sure a punishment to hear other men talk five hours every day and not be at liberty to talk at all myself, especially as more than half I hear appears to me very young, inconsiderate and inexperienced.” If Washington had made the Vice President insignificant as a member of the Executive branch, The Senate itself made him insignificant as a member of the Legislative branch. All of this, of course, reaches new heights of irony in the person of our former Vice President, Dick Cheney, who has used this ‘confusion’ to declare himself the beneficiary of the rights and privileges of both branches while, at the same time, free of the obligations or restraints upon either branch. The burden of the fourth moment in our tragic history of the establishment of the role of the Vice Presidency falls squarely on the shoulders of the second holder of that office, Thomas Jefferson (1797).

Adams, for all of his faults of personality, truly cared for what was best for the nation he served. He did not plan to treat Jefferson, as Vice President, as he had been treated himself (or, as Tom Lehrer put so humorously in his satirical song about Hubert Humphrey and the treatment of Humphrey as Vice President by Lyndon Johnson as President, “I’ll do unto you as they did unto me.”).  As Joseph Ellis tells so well in his Pulitzer Prize winning book ‘Founding Brothers, Adams fully desired to work with Jefferson to create a bipartisan administration which utilized both of their talents and skills (Chapter Five: The Collaborators). 

He wanted Jefferson to be a functioning member of his cabinet and an active participant in foreign policy efforts. Jefferson, influenced greatly by the advice of James Madison, chose to be a party man and watch the Adams administration fail without him. Jefferson, at this time, chose the good of his party over the good of his nation. After Adams’ desire to give the office a ‘place at the table’, it wasn’t until Warren G. Harding took office in 1921 that a President again made the choice to include his Vice President in his cabinet meetings, and it wasn’t until Richard Nixon’s service under Dwight Eisenhower that a Vice President was given a substantial and public role by the President but, in all cases, up to and including the present, the role and power of a particular Vice President has been dependent upon their President to give it to them.

If the damage done to the office of Vice President was not already irreversible by the election of 1800, that election itself ensured that it was permanent, and the blame for it can be placed on the personage of Aaron Burr. If one wants to make the case that the Adams’ Vice Presidency was not a standard to judge by because of the newness of the office, or that the Jefferson Vice Presidency cannot be used because he was of an opposition political position to his President, then there is no excuse for the damage done to the office by Burr before he was even inaugurated, damage so great, in fact, that the first substantive change to The US Constitution was made to prevent the circumstances from ever again even being possible through the adoption of the 12th Amendment. For the election of 1800, the supporters of Jefferson and his Republican / Anti-Federalist movement conspired to maneuver the election so that their candidates would end up holding the offices of both the Presidency and the Vice Presidency. While they succeeded in the goal of having all of their electors vote for both Jefferson and Burr, they apparently never considered the ramifications of this actually happening. They believed that somehow, without any need to orchestrate it as well, some random elector would cast his vote for Jefferson but not cast their second vote for Burr. The conspiracy, however, was too well planned and the soldiers followed their marching orders without deviation…and Jefferson and Burr ended up exactly tied in the electoral vote totals.

At this point, a good party man would have fallen into line and worked to finish what had been started, but Burr was an opportunist whose personal desires completely overshadowed any belief he may have had in the greater good. When the election went to The House of Representatives, Burr fought to win the Presidency for himself. He almost managed to pull the feat off as it took 36 ballots in The House before Hamilton intervened and one member chose to abstain. Well, after that, what President would trust the man he was stuck with as Vice President? And so, Burr alienated himself from any role in Jefferson’s first administration and The Constitution was changed…and changed VERY quickly.

The new nation went through only four elections, three administrations and 12 years before the first substantial flaw in the design of the governmental structure of The United States had to be addressed. 46 men have been dumped into the graveyard of The Constitution, including 2 men who each served under two different Presidents (George Clinton under Jefferson and Madison, and John C. Calhoun under John Quincy Adams and Andrew Jackson). Except for the ones who eventually became President themselves or who have served in a person’s own lifetime, how many people can name even one of them? The Vice Presidency is a unique office with a unique role in government. If we want evidence of the lack of experience which burdened the men who created The Constitution, all we need do is look at the Office of The Vice President of The United States. However, if we do look at it, we will have done more than most people ever do.

P.S.– It might also be of interest, for anyone who wants to consideration how truly UNimportant the office of Vice President has been to our nation over the entire course of its history, for me to point out that, while we have never had any real period without a President since Washington first took the oath of office in 1889, between the years 1812 (when the office was vacated upon the death of Vice President George Clinton) and 1974 (when the office was vacated by the elevation of Vice President Gerald Ford to the Office of President) (a period of 162 years), there were 18 different times when we were without a Vice President totaling more than 426 months (35.5 years, an average of 23.666 months per vacancy). This includes two periods when the office was vacant for 47 months (out of a 48 month term of office), but does NOT include any periods when the holder of the office just left Washington and ignored his role in government (as, for example, Richard Mentor Johnson did during Van Buren’s administration).

As an indication of how little impact the absence of a Vice President has meant to the functions of our government, I would simply ask how many of you reading this have ever even wondered just how often the office has even been vacant because there WAS no holder of the office?

As a point of useless trivia from an infomaniac, did you know that the first Vice President to die in office (George Clinton) died about a year before the end of his second term (Clinton had served one term as President Jefferson’s second Vice President and his second term as Vice President was consecutive to his first when he was elected to be Vice President under Jefferson’s successor, President James Madison, for Madison’s first term.  For Madison’s second term of office, he ran and served with Vice President Elbridge Gerry, who THEN proceeded to die in office after about a year and a half into his term.  As a result, President James Madison served with a different Vice President for each of his two terms in office and neither of them lived to complete their own terms.

Rhys M. Blavier
Romayor, Texas 
 

Truth, Justice and Honor… but, above all Honor

© copyright 2008 by Rhys M. Blavier
________________________________________________________________________________  

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.

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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

_______________________________________________________________________________________________________________

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

_____________________________________________________________________________________________________________

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.