Friday, April 29, 2016

Civics 101 Revisited

It has been over 50 years since I took a night class in civics. It was highly recommended for immigrants prior to naturalization. I have forgotten much over the years, but not the basics.

With the elections coming up this November, it might be useful to review the basics and avoid confusion. This election year is very different than all its prior years. It looks like the electorate has to choose between two very flawed candidates, both despised by the majority of Americans, one more so than the other.

Our Form of Government

Here is a trick question asked naturalization officers: What is our form of government. The right answers? The U.S. is not a democracy. The U.S. is a federal republic.

At that time, many aspiring American citizens did not understand the significance. They just wanted to give the right answer so that they might show to be worthy of becoming naturalized Americans.

The constitution identified three rights granted to us, not by the constitution, but by our Creator: life, liberty, and the pursuit of happiness

I found that it is this recognition that made this country exceptional.

I have learned since that behind these simple answers are profound implications:

·      Presidents are not elected directly. It is the Electoral College that elects the president. Archaic rules determine how many votes each state is allotted. It is possible that electors choose someone who did not receive the plurality of the national votes.

·      We do not allocate senators based on population. Each state gets two spots, regardless of their population size. People were given the right to elect their senators only about 150 years ago. Before that, senators were picked by the state’s legislature.

·      We do not elect judges. It is the executive branch that nominates them and the senate approves. The parties of the chief executive selects judges according to their political persuasion.  To a certain extent, the judiciary reflects the philosophy of the party that has nominated it.

·      The House of Representatives is the only branch of Congress elected democratically. Although there is a minimum threshold, the seats are allocated based on population. California being the largest state gets 53, and Alaska, Delaware, Montana, North Dakota, South Dakota, Vermont, and Wyoming being the smallest gets 1 each. There are 435 voting seats and 6 non-voting seats.

Reasoning Behind Framework

The Founding Fathers, when framing the constitution, feared the tyranny of the majority and wanted to prevent geographic enmities and conflict. They also feared bullying by the more populous states.

It is important to note that, way back, folks did not have access to information with which to make informed decisions. Also, many people at that time were illiterate.  This fear morphed over the years into voting laws that later were found to be discriminatory and unconstitutional.

The Founders also put in place stringent rules for amending the constitution. Two thirds of the Senate and of the House of Representatives, must pass a resolution. And two thirds of the states can call for a national convention. The executive has no official role.

Advocates for Change

Some would argue that we have come a long way since then.  Others believe that we should change the ground rules to reflect modern times. Many resist change to the founding principles. They believe that in their wisdom, the Founding Fathers constructed a perfect system.

Some point to the parliamentary system used in Western Europe as being more democratic. But is it really? People do not vote for their heads of state. The President  is by and large elected by parliament, with variations such as in France. Monarchs get their post through heredity. People do not elect their Heads of Government. The Prime Minister is approved by Parliament after being nominated by the head of state.

My Two Cents

Given the 2016 experience, there are changes that can be made to make the process more democratic by enacting changes within the reach of each political party:

1.    Make the delegate selection in our primary subject to popular vote.

2.    Eliminate caucuses and machinations that make the process obtuse and incoherent.

3.    Make sure that delegates vote for the person who received the most votes.

4.    Eliminate the super delegates. They are unelected.

5.  Experience has shown that money does not really buy election. Permit anyone to spend whatever money they want as long as they advocate policy, and not promote a particular candidate.

OK. What about your nickel?




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