So, Scott disagreed with five of my proposals, really, (He didn’t agree with the abortion one, but didn’t really offer up a strong disagreement with it either, so I’ll leave that one alone) so here goes my defense:

1) Electoral College. Why get rid of it? Because I’m tired of elections being decided by white suburban voters in three counties each in FL, OH, and PA. At least let’s make elections decided by white suburban voters in all states. And I realize it isn’t quite that bad; but there exists a public perception, or at least a media perception, that things are that bad, and that perception is unhealthy, even if there were not a grain of truth to it. Besides, the original justification for the electoral college–that voters cannot be trusted and the real power should be placed in the state legislatures who take their cue from, but are not bound by, the voters–is no longer useful. Also, I used to think the same thing about rural voters, until I had three thoughts: 1) the Senate already makes rural farmers so much more politically powerful than they have any right to be, 2) rural votes get courted plenty in the primaries, and that isn’t likely to change, and 3) candidates never really spend that much time courting the rural vote in the general election, because farm votes aren’t really up for grabs in national elections.

2) Presidential Immigrants. I don’t have a good reason why it should be repealed, except perhaps that there is no good reason I can think why it shouldn’t be. I want my Constitution to be as small, meaning as few limitations on people’s rights and abilities, as possible. And for me, not allowing some people to vote because our founding fathers were worried about someone electing the King of England, is an unnecessary limit on certain people’s rights. Also, we have always had a xenophobic undercurrent in American politics, and anything that we can do to give a big “up-yours” to the anti-immigrant vibe is a good thing in my opinion. Besides, there may be many solid reasons not to allow Hiren to be president, but the fact he wasn’t born in Georgia isn’t one of them.

Oh, and to answer your question, I am pretty sure that the Constitutional line of succession is contingent upon each person in that line being eligible to fill the office. So, Kenry Hissinger would be skipped, if it went that far, and it would drop to the next eligible person.

3) Run-Offs. Strategic voting in a plurality-wins voting system dictates that you don’t vote for your favorite candidate, you vote for your favorite candidate who has some reasonable probability of winning. (Its actually a little more complicated than that, although read this book by one of my old UCSD profs if you want to get the full version.) Anyway, now let’s change our plurality system to a majority system, so you have to get 50% to win. If no one gets 50% in the first ballot, you eliminate all candidates except the top two (or alternatively all except those who get above some threshold, say 20%), and the top candidates then duke it out in another election, called a run-off election. Now, before the election, you read a poll that says that no candidate is likely to get the 50% in the first ballot. That frees you up to vote for whatever schmo you want, knowing that you will get your chance to cast your vote for the Republican or Democrat in round two. This allows third parties to gain some national recognition and build some momentum for their candidates. The Green party doesn’t have to convince people that “a vote for Nader is not a vote for Bush” because in the first round it isn’t; Bush and Gore will be in the run-off whether you vote Nader or not, so go ahead; you can strategic vote in the run-off. I think it also makes allows voters to send clearer signal to the parties. If I’m unhappy with the Democrats I can vote Green and embarrass them a little in the first round, but be safe in the knowledge that I don’t guarantee a Republican victory in the process.

4) Second Amendment. All I’m saying is that we should clarify it. No one who isn’t a judge or lawyer knows what it says or understands it, and I have my doubts about some of those. Look it up in an encyclopedia and it is summarized as ‘The Right to Bear Arms”, which is really misleading. You want it to say that people should be allowed to carry whatever weapons they want, public safety be darned? Then say so. You want an amendment to allow the Alabama national guard access to nuclear missile technology to protect themselves against federal encroachment? Then say so. Right now, though, most citizens think the second amendment says a lot more than it really does, and I don’t think the confusion is good for people’s rights or public safety.

5) Term Limits. I like democracy. But democracy only functions as long as there is some stick that the voters have that they can whack their leaders with. That stick is generally called “the next election”. Candidates don’t go too far off the deep-end because they have to run for election in a couple years. So, every time a politician announces he isn’t going to run, I brace myself, because suddenly I can no longer affect his behavior. This is especially true with someone like Bush, where no one from his cabinet is likely to run for President themselves anytime soon. So yeah, some people are going to overstay their welcome, but I would rather that happen than have to spend the next four years wondering if Bush is going to decide to nuke Iran or withdraw us from the UN, just because he can. Right now, the only thing keeping Bush in check is some loyalty to the Republican Party and hope that they win the next election to make his job easier for his last two years. And the only thing keeping him in check his last two years will be some vague desire to see the country succeed or to keep himself prospering in retirement. I want stronger incentives than that, which is why I want him to keep running.

Apr 252005
 

Stupid work getting in the stupid way… If it wasn’t so necessary for me to, you know, eat and have a roof over my head and clothes on my back and stuff, then I’d be tempted to just ditch the whole thing! But anyway…

Constitutional amendments! Right up my alley, supposedly! I think Mike’s two main groundrules are good ideas: Gotta be a supralegislative issue and gotta address an actual and present problem. At the moment, I only think that one of the seven Mike talks about is worth supporting. I’ve got an open mind, though, so convince me if I’m wrong.

The “No-Brainers”:

  • Electoral College. So why is this a no-brainer, again? Candidates don’t ignore major markets — that’s where the money is. So Kerry took some trips to Houston and Dubya took some trips to LA and NYC, because they could have some really nice fundraisers there. So candidate attention isn’t a good enough reason for me. I’m also a little worried about the total disenfranchisement of the rural voter this way — if I had more ambition, I’d try to find out exactly how urbanized our population is at the moment. I’m guessing that most of the nation’s population can be found in one metropolitan area or another.

    I’m not saying there aren’t good reasons for getting rid of the college, but it seems like a problem without any real harms to me at the moment. Yeah, it might be a flaw, but no harm, no foul, you know? Feel free to convince me otherwise.

  • Presidential immigrants. Again, no harm, no foul, right? This seems to pop up whenever there’s a foreign-born politician who captures the public fancy for a bit — in the 70s, it was Kissinger. A generation later, it’s The Governator. I don’t know that this is a problem either way — the Kissinger Cult of Personality was something of a media construct anyway, and if media reports are to be believed, Ahnuld’s not doing so hot a job out there on the Left Coast anyway. As always, this isn’t to say that it’s not a fundamentally unfair rule, whatever the intentions were back in the day, but it doesn’t seem like there’s enough of a need to change for us to, well, need to change.

    So here’s a question: if you’re foreign-born and serve highly in the administration (let’s call you Kenry Hissinger), are you automatically out of the line of succession? That is, if all the people above Ol’ Kenry are tragically wiped out, does Secretary Hissinger get skipped over just as if he was also kaput? I have no idea — would have made a good research paper for me at some point, though.

  • Representation with Taxation. This one I’m on board with — if you’re a resident of a US territory and you pay taxes, you get to vote in presidential elections. The good people of DC and Puerto Rico are getting the scroogie. (My all-time favorite license plate is the DC “Taxation Without Representation” license plate. Clinton put it on the White House limos. Dubya took it off.) I also think that territories deserve some kind of representation in the legislature — maybe one seat each in the house, and reapportion everything else to stay under the 535 minimum. The way I’d determine whether a territory got a representative is simple — if they have a federal court, then they get a seat in the House. That means that DC, Guam, Puerto Rico, and the Virgin Islands all get a seat.

“Good” ideas, but not gonna happen:

  • Run-offs for national elections. Lay some election theory down on me — why does this help third parties? Also, if you don’t buy the theory that the electoral college should be dumped, then this doesn’t make any sense. Maybe in the case of an electoral tie, which seems a lot more fair than kicking it over to the House of Representatives to me.
  • Repeal the Second Amendment. My twitchy trigger fingers covered this here. Even if I’m never gonna excercise them, I likes me my rights. Don’t take them away. And besides, if I didn’t have this [right to a] gun, the King of England could just walk in here any time he wants and start shoving you around. Do you want that? Huh? Do ya!?
  • Repeal Presidential Term Limits. Seriously, one of the only things keeping me as sane and optimistic as I am now (pleasant observation or shattering irony? You make the call!), is that I can’t hear the chant “Four More Years” in slightly less than four more years. Admittedly, there’s a good case to be made that Clinton would have won in 2000, but that’s neither here nor there.

    And what kind of nasty disincentives are we talking about here? Are they nastier than the short-term blinders put on by the constant drive for re-election? The same instincts that make me want to keep around Second Amendment rights that are pretty clearly a societal negative also make me wary about giving politicians an opportunity to develop a cult of personality that could keep them in office indefinitely. Not enough of a case for it, in my book.

Wacky, Zany Ideas:

  • Repeal Roe v. Wade. Hm. This has been covered in the comments plenty, I think, and I don’t have a lot to add. Judicially, Roe‘s here to stay — this is the only way to get rid of it. Cop out for me, sure, but abortion is one of those issues (health care and taxes are examples of two others), where I can see the merits of the arguments for both sides, and I truly don’t think there’s a workable answer in a society as diverse as ours. I just wish the Democrats had a better approach for dealing with the issue, but that’s not really germane to this particular discussion.
 

So, it occurs to me that there has been a lot of talk about the wisdom of filibustering certain nominees and little-to-no talk about who those nominees really are. So, I thought I would fill in the gap a little bit. Below I have listed some relevant information from the resumes of each of Bush’s twelve appellate court nominees since reelection. (The Democrats prevented ten nominees from being voted on during Bush’s first term, eight of whom were re-nominated, and there are four other controversial new ones.) After each nominee I have listed their ABA qualification rankings (WQ: Well Qualified, Q: Qualified, NQ: Not Qualified, if there are multiple rankings I list the majority and minority viewpoint, otherwise it is unanimous, and I have made note of when the candidate got fewer than 2/3 in the majority).

Twelve nominees pending (*previously filibustered)

* Janice Brown: Q/NQ (close)
CA Bar, 1977
CA Supreme Court Justice since 1996, Judge since 1994
Worked for two years as an adjunct law professor
No clerking experience

Reason for opposition:
She has spoken out against the expansion of federal government during the New Deal
History of narrow interpretations of discrimination laws

Thomas Griffith: Q/NQ (close)
NC Bar, 1985
DC Bar, 1991

No judicial, academic, or clerking experience.

Reason for opposition:
Has been practicing law in Utah for the last four years without passing the Utah Bar
Opposition to Title IX
Has been suspended from the DC bar twice for failure to pay dues.

* Brett Kavanaugh: WQ/Q
MD Bar, 1990
DC Bar, 1992
Four years judicial clerking experience, at appellate and Supreme Court levels
No judicial or academic experience.

Reason for opposition:
Inexperience
Much of his legal experience is very partisan (previous employers include Ken Starr and White House Council’s office under Bush, and he was hired by Republicans during the Florida recount)

Terrence Boyle: WQ
DC Bar, 1970
NC Bar, 1973
United States district court judge since 1984.
No academic or clerking experience

Reason for opposition:
Narrow interpretation of ADA and the right to privacy
He has a high reversal rate for a district judge

* William Haynes: WQ/Q
NC Bar, 1983
GA Bar, 1989 (inactive)
DC Bar, 1990
No judicial, academic, or clerking experience.

Reason for opposition:
Has worked for the Department of Defense for the last several years and has been one of those responsible for post-9/11 civilian detentions, for the controversial military tribunals, and for arguing for narrow interpretations of anti-torture laws and treaties.

* Priscilla Owens: WQ
TX Bar, 1978
Texas Supreme Court Justice, 1994-present
No academic or clerking experience

Reason for opposition;
Has consistently ruled for pro-life causes and groups to the point that it has raised fears about her willingness to uphold the law as it is written. At one point she was admonished by then-colleague Alberto Gonzales for voting her personal beliefs and not for the law as it was written.

*Richard Griffin: WQ/Q
MI Bar, 1977
FL Bar, 1978
Michigan Court of Appeals, 1988-present
No academic or clerking experience

Reason for opposition:
In response to Republican foot-dragging over Clinton nominees, both MI Senators failed to approve the nominations of McKeague, Neilsen, Saad and Griffin. Republicans then broke with Senate tradition by nominating and then approving all nominees in committee, despite opposition from the home state’s senators. Some minor civil rights concerns and concerns about a narrow interpretation of the ADA are also cited with respect to all four nominees.

* David McKeague: WQ
MI Bar, 1971
United States District Court, 1992-present
No academic or clerking experience

Reason for opposition:
In response to Republican foot-dragging over Clinton nominees, both MI Senators failed to approve the nominations of McKeague, Neilsen, Saad and Griffin. Republicans then broke with Senate tradition by nominating and then approving all nominees in committee, despite opposition from the home state’s senators. Some minor civil rights concerns and concerns about a narrow interpretation of the ADA are also cited with respect to all four nominees.

* Susan Neilson: WQ
MI Bar, 1980
Michigan Circuit Court, 1991-present
No academic or clerking experience

Reason for opposition:
In response to Republican foot-dragging over Clinton nominees, both MI Senators failed to approve the nominations of McKeague, Neilsen, Saad and Griffin. Republicans then broke with Senate tradition by nominating and then approving all nominees in committee, despite opposition from the home state’s senators. Some minor civil rights concerns and concerns about a narrow interpretation of the ADA are also cited with respect to all four nominees.

* Henry Saad: WQ/Q
MI Bar, 1974
Michigan Court of Appeals, 1994-present
Adjunct law professor, 1976-present

Reason for opposition:
In response to Republican foot-dragging over Clinton nominees, both MI Senators failed to approve the nominations of McKeague, Neilsen, Saad and Griffin. Republicans then broke with Senate tradition by nominating and then approving all nominees in committee, despite opposition from the home state’s senators. Some minor civil rights concerns and concerns about a narrow interpretation of the ADA are also cited with respect to all four nominees.

William Myers: Q/NQ
CO Bar, 1981
WY Bar, 1982
DC Bar, 1987
ID Bar, 1997

No judicial, clerking, or academic experience

Reason for opposition:
Has very close ties to the beef and mining industries, and has been extremely sympathetic towards them as a lawyer for the department of the interior
Was generally very unsympathetic towards Native American groups during the same time.

William Pryor: Q/NQ
AL Bar, 1988
1987-1988 Clerked at the appellate level
1989-1995 adjunct law professor at Samford University

Reason for opposition:
His beliefs and opinions that have argued for an expansion of states rights with respect to federal law in a wide variety of matters.

 

Alan Greenspan said today that the budget deficit threatens to stifle the economy if not addressed soon. You know, if I wrote the following story, it would be considered too hard to believe:

- President enters office in time of moderate surplus. Says we need to “give money back to the people”. Fed Chairman agrees. Taxes are cut.

- Surplus goes away more rapidly than expected. Economy slows down further than expected. President says we need tax cuts to “stimulate” the economy. Fed Chairman agrees. Taxes are cut further.

- Deficits are rising rapidly. President says that his economic stimulus package is working and we can just wait for it to kick in fully. Claims that deficit is the result of war and terrorism and his predecessor, not the tax cuts. Fed Chairman agrees. President is reelected.

- Deficits are starting to reach alarming proportions. President acknowledges problem, blames out of control spending. Proposes budget that would put a very modest dent in the deficit, and berates Congress for making that into a barely perceptible scratch. Fed Chairman says that we must take drastic action to cut deficit.

So, to summarize in mathematical terms, the President and the Fed Chairman started with 5, they subtracted 10, they subtracted 10 again, and now they are pulling their hair out because they ended up with -15. As if they didn’t see it coming?

Notice, no one ever mentions the possibility of raising taxes, because “that might hurt the economy”. Because man, those tax cuts sure did it a lot of good! And this deficit sure is nice for the long-term health of the economy, huh? But they were President Bush’s number one priority when we voted for him, and now that we got them we’re gonna have to live with them. And if that means the country goes to pot in the process, well, we’re gonna have to live with that too.

 

It has now been 13 years since the United States Constitution was last amended, and 34 years since Congress last passed a proposed amendment. Given that the Constitution is supposed to be a living document, that seems like way to long in my mind. So, let’s talk Constitutional changes, by asking if/how the Constitution should be amended. This is potentially a pretty large topic of conversation, so let me lay out some ground rules

First, if you want to know what kinds of amendments have been proposed in Congress over the last fifteen years, or really just want to laugh at some of the morons who have been elected in the last fifteen years, check out this website.

Second, lets propose some guidelines for what Constitutional Amendments should look like, and feel free to debate me on this list. Amendments should be things that legislatures cannot currently do. That means no making things amendments just to make it harder for your opposition to change them in the future. That’s just anti-democratic, even if it is a favorite tactic of anti-tax lobbies. Also, no making things amendments because you are afraid that the courts will rule something unconstitutional in the future. Similarly, no amendments for problems that have yet to arise. Give the current system a chance to work before you change it. Finally, no wholesale rejection of amendments because you don’t think that the Constitution ought to be amended on principal. The only writing I will take as sacrosanct is the Bible, and that especially applies to documents written in committee. If you think every proposal is dumb, then say so, but attack them on their own merits.

Third, since it worked for a previous conversation on rule changes, lets stick with Scott’s categorization about proposals:

A) No brainers

  • Drop the Electoral College. I’ve come around on this one lately, but it really does segment the electorate and allow for a much more divisive brand of politics. Besides, I want every candidate to have to go make speeches in both New York City and Houston every single year.
  • Allow immigrants to become president. I personally like the Twenty Year as Citizen rule that was in one of the proposals.
  • To ensure that citizens of U.S. Territories can vote in elections. I’m trying to look out for you, Puerto Rico.

B) Good ideas, but not gonna happen

  • Create run-offs for all national elections. Gotta get 50% to win. Help the third parties along too, which is why it won’t happen.
  • Repeal the Second Amendment. Its outdated, and pretty pointless in a world of cruise missiles and nuclear deterrence. And if you really think that citizens ought to have guns, then write an amendment that gives them access to guns and specify which guns and under which conditions.
  • Repeal Presidential term-limits. They create all sorts of nasty incentives, so get rid of them.

C) Wacky ideas not fully thought through.

  • To give states more lee-way in regulating abortion. Most of the proposed abortion amendments go too far, both at the state level and the national level. But, the question of when life begins, and therefore when states have the right to rule that the protection of the life of the child outweighs the rights of the mother to make decisions about her own medical care, should be left to the states, I think. Different states will make different decisions, and some of them will be wrong, but I am uncomfortable with our current abortion compromise and fear that it is unstable.
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