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culture National

Our Broken Debate


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The big question in the debate over torture right now is “who knew what and when did they know it?” That question is being used by Republicans right now to implicate Speaker Nancy Pelosi as having done nothing with what she knew and thus being complicit in any torture committed under the previous administration. The question and implications are very important questions that are worthy of debate in this country. The reason that I consider the debate to be broken is that the debate is avoiding the real substantive issue and just taking political potshots at the opposing party.

The fact is that speaker Pelosi is not in any way the only hypocrite in this debate – she is not the only one who knew and did nothing until it was politically advantageous. Democratic officeholders have been muttering under their breath (or less) about what the Bush administration was doing until Obama was elected and released the torture memos. In response the CIA is trying to defend themselves from these vocal attacks by revealing that Pelosi knew about this activity years ago.

If the Democrats were more interested in standing against torture in principle than they were in scoring political points and retaining personal power they would have been much more vocal about this issue. Speaker Pelosi would have been saying things like, “based on briefings I have had I am completely uncomfortable with what the administration is doing and willing to do to detainees through the CIA.” (Note that while that statement would open the door for discussion nothing in there would raise any national security concerns.) She would not have been alone either – other Democrats who had been briefed would also have stood up and echoed that sentiment if they had any backbone and cared about the issue. Senator Diane Feinstein would have been one of those who had also been briefed. I don’t know who else had been briefed, but all of them are guilty of doing nothing if they were uncomfortable with what they heard.

On the other hand, if the Republicans were interested in anything other than scoring points against their political opponents they would be naming the Republicans who had been briefed who were equally complicit with Speaker Pelosi. Republican officeholders have proven that they are perfectly content to have spineless and complicit representatives in office so long as they support the party line. They show that as a body they have no problem with institutionalized secrecy rather than open representation for their constituents and the other voters of the United States.

The voters need to demand that their representatives, whether of their own party or another party, quit playing politics in Washington and stick to the very serious business of leading our nation on to increased greatness – we should again be a shining city on a hill that the world can look to as an example of goodness. That can only happen if we quite trying to score political points and start having real debates about what is right and what constitutes greatness.

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National

Federalist No. 57


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Federalist No. 57 contains a statement describing the proper goals of any constitution boiled down to two simple points:

The aim of every political constitution is, or ought to be, first to obtain for rulers men who possess most wisdom to discern, and most virtue to pursue, the common good of the society; and in the next place, to take the most effectual precautions for keeping them virtuous whilst they continue to hold their public trust.

In defending the provisions in the proposed Constitution the following defense was sound in theory but two centuries of growing experience has led to a Congress that is masterful at the art of public obfuscation:

the House of Representatives is so constituted as to support in the members an habitual recollection of their dependence on the people. Before the sentiments impressed on their minds by the mode of their elevation can be effaced by the exercise of power, they will be compelled to anticipate the moment when their power is to cease, when their exercise of it is to be reviewed,

The members of the House are always aware of their impending re-election bids so they carefully craft the perception of what they are doing by hiding legislation and casting votes in a way that makes them look good back home even when they are working for the opposite results on some issues when the cameras are not around.

Next I find our present society perfectly captured:

what is to restrain the House of Representatives . . .  above all, the vigilant and manly spirit which actuates the people of America, a spirit which nourishes freedom, and in return is nourished by it. If this spirit shall ever be so far debased as to tolerate a law not obligatory on the legislature, as well as on the people, the people will be prepared to tolerate any thing but liberty.

(emphasis added)

The numbers in the latter part of this paper regarding the number of people electing a member of congress are almost comical today. In 1788 we might have trusted that two members of congress would feel connected and answerable to 60 Thousand constituents but there is little doubt today that one member of congress may easily feel little connection with 600 Thousand constituents (a small district).

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National

Federalist Nos. 55 – 56


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Federalist No. 55 and Federalist No. 56 explore a subject which has grown increasingly interesting and important to me the more I have studied – that is a consideration of the proper size of the House of Representatives. Here I find, unsurprisingly, that a few assumptions were made which have proven to be critically incorrect.

It will not be thought an extravagant conjecture that the first census will, at the rate of one for every thirty thousand, raise the number of representatives to at least one hundred. . . At the expiration of twenty-five years, according to the computed rate of increase, the number of representatives will amount to two hundred, and of fifty years, to four hundred. This is a number which, I presume, will put an end to all fears arising from the smallness of the body.

I found it ironic that the projections ended at 400 representatives because we now have 435 voting representatives and we can see that with our current population (exceeding 300 Million) that number is decidedly insufficient – not simply because 435 is not enough, but because 435 is not enough for the expanded (and expanding) role that government has come to take in our nation. The problems that have arisen through a House that is too small to be properly representative could have been prevented by including not only a minimum number which a representative could represent (thirty thousand) but also a maximum number they could represent. The range could even be fairly large (say a maximum of  one quarter million active voters per representative – which is over eight times the minimum) to produce a body which could never become fully detached from the people they are meant to represent.

The first wrong assumption was that the ratio would bear some resemblance to the minimum of thirty thousand that had been specified. The second was that we could never have cause for concern with a representative body exceeding four hundred members.

Another wrong assumption is shown in this statement from Federalist No. 56:

It is a sound and important principle that the representative ought to be acquainted with the interests and circumstances of his constituents. But this principle can extend no further than to those circumstances and interests to which the authority and care of the representative relate.

The assumption was that the interests and authority of the representative body in question would remain limited according to the Constitution. Not only does this show a poor assumption but it exposes another avenue for alleviating the problems of our too-small representative body. A reduction in the scope of authority for Congress would also serve to make it possible for a body of 435 to be more faithfully representative of the populous.

A fourth false assumption was:

I am unable to conceive that the people of America, in their present temper, or under any circumstances which can speedily happen, will choose, and every second year repeat the choice of, sixty-five or a hundred men who would be disposed to form and pursue a scheme of tyranny or treachery.

Indeed we live in a time when the people of America choose and repeat the choice of over 400 representatives who consistently pursue some treacherous policies. Whatever changes we do see in the faces of the House it should be noted that attrition takes many more from their seats than being unseated by the vote of the people.

In fairness, our founders were aware of their limitations:

What change of circumstances, time, and a fuller population of our country may produce, requires a prophetic spirit to declare, which makes no part of my pretensions.

They also thought they had addressed the pitfalls before them by allowing for an increase in the number of representatives:

The foresight of the convention has accordingly taken care that the progress of population may be accompanied with a proper increase of the representative branch of the government.

What they missed was that we need to require increases at some point. Whatever their failings of foresight, their conclusion remains true:

a representative for every THIRTY THOUSAND INHABITANTS will render the {inhabitants} both a safe and competent guardian of the interests which will be confided to it.

Today we are in great need to pursue some combination of increasing the size of our representative body or decreasing the scope of authority for that body. There are indications that increasing the size may naturally result in pressures to decrease the authority that rests in the federal government – I would hope that to be the case.

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National

D.C. Voting – House vs Senate


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Apparently the Senate cloture vote is more newsworthy than the House rules vote on a bill. We have heard on many bills that the cloture vote is the bottleneck or the hurdle that can trip up a bill. In the House the rules vote is the procedural hurdle that must precede the actual vote and can be used to kill or hamper a bill. This is taking place right now with the D.C. Voting Rights Act. I am not particularly a fan of using technicalities, but considering my position on this bill I’m happy to see any delay.

I figure that each passing day makes the bill less enticing for Utah as we draw ever closer to getting our extra seat anyway. In fact, if this bill had still not passed by 2013 and Hatch were still in office I would love to see him reverse position on the bill once Utah were no longer next in line to get the "balancing" extra seat. (I would doubly expect this if the state next in line for a seat leaned Democratic.)

Having studied the issues surrounding this bill there is no doubt that the residents of D.C. have a complaint worth addressing – the only problem is that it must be addressed within the constraints of the law. The only issues that are truly clear cut here are the tax related arguments. The proper resolution for those arguments is not a simple bill but a constitutional amendment to the effect that "The House of Representatives shall be composed of members chosen every second year by the people of the several states and all territories subject to the same federal taxes as the several states."

I don’t claim that the threshold for an amendment is an easy one to climb, but I think that a majority of fair minded people could be brought to support such an amendment along with the requisite supermajorities of both houses of Congress. Problem solved, constitutional objections averted.

Categories
culture life National

Established Patterns


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After a week on vacation it is nice to have a bit of a fresh perspective on life. We are entering a month where we have to close on our old house in Lehi and our new house in Bountiful so there will be plenty to do. Having taken some time off I am ready to dive deeper into my job and be more productive now that I have basically adjusted to the routine of going to work every day and the new dynamics of working for a large organization (Intermountain has 30,000 employees where the largest company I had worked for before had a little over 300).

My time off also re-focused my efforts here as I consider what I am trying to accomplish. (No, this whole site is not simply a personal brain-dump where I can ramble on about anything that I happen to think.) I am going to pick up with the federalist papers and other founding documents that have disappeared from my postings in the last couple of months and I am also going to be more consistent about sharing the vision and efforts of the Downsize D.C. organization.

The more I have read about Downsize D.C. the more I believe that it fits with my vision of what needs to be done to brighten the future prospects of our nation. Downsize D.C. is dedicated to shrinking the federal government – which I think is necessary – but even for those people who disagree with many of their campaigns (and they campaign for legislation – not for legislators) I would submit that their method of providing information and tools to encourage and support individuals in taking action and being involved and informed is precisely the course to creating a healthier political process and a more empowered electorate.

Maybe I am biased, but I honestly believe that an informed, involved, and empowered electorate will naturally lead us back to a system of limited government rather than the system of unlimited governing bureaucracies that we have created over the last century.