Building Better Calls For Bold Change

“How Far Should Biden Go?”  a recent piece in The Atlantic asked. The answer, in my opinion, is as far as he and his administration can over the next several years, keeping in mind all that’s on their plate. Atlantic staff writer James Fallow rightly underscored the need for prioritization and triage in planning, quoting the head of Jimmy Carter’s transition team James Watson: “You have to separate what must be done, soon, from all the other things you might want to do later in the administration.”

I’d like to see a number of issues tackled once the Biden administration has dealt with Fallow’s suggested priorities including “reversing the corrosion of the executive branch,” and instituting investigations into the horribly mismanaged Covid crisis, along with border policies that resulted in children being ripped from their parents, and the “negligent destruction of the norms of government, especially “the electoral process.”

It’s the norms of government that concern me most because many of those norms have resided in trusted tradition rather than codified law. That needs to end. Laws must be written that ensure we never reach another breaking point in our democracy.

The electoral process tops the list. As activist Joan Mandle says in a blog, “The lifeblood of our democracy is under threat from big private money in politics. Cynicism about politics and government is rampant.” The Citizen’s United decision by the Supreme Court allowing corporations to spend unlimited amounts of money on campaigns added to that cynicism along with a 2014 a Court decision that raised the limit of individual contributions to parties and candidates to a staggering $3 million, suggesting that “the Supreme Court has declared war on campaign finance reform”.

Pro-democracy movements have struggled to change the way election campaigns are financed in the U.S. for years. One model they look to is the UK’s financing of campaigns. http://www.loc.gov/law/help/campaign-finance/uk.php Since 1883 UK legislation has existed that prevents excessive spending by electoral candidates. Their system regulates campaign financing by focusing on limiting political parties’ expenditures and transparent reporting of donations received and election expenditures.

The Electoral College is another piece of the electoral process that needs revisiting. In short, it needs to be abolished. Designed to keep both small and large states happy in determining who became president, it also reflected racist and misogynist ideologies. Most importantly, it is arguably anti-democratic. We’ve lost two presidents who won the popular vote, Al Gore and Hillary Clinton, making a mockery of the “one man [sic], one vote” theory. Perhaps more alarming is the fact that Donald Trump lost the popular vote by nearly three million votes, yet he won the Electoral College by 74 votes and became president. According to the Brookings Institute, a majority of Americans have long opposed the College. This may be in part because income inequality and geographical disparities across states could mean the College over-represents the views of a small number of people because of its structure, as Brookings Vice President Darrell West points out.

Several other reforms are called for, including term limits for both Congress and the Supreme Court. Proponents of Congressional term limits argue that restricting the time a representative or senator may serve would prevent politicians from amassing too much power, thus become out of touch with their  constituents. Never was this more apparent than in the 116th Congress. (Opponents argue that elections are the way to limit terms but without campaign finance reform that is questionable.)

Advocates for term limits on the Supreme Court argue that the Court has become highly politicized along party lines, making a 5-4 or 6-3 Court dangerously partisan. A multitude of social justice and human rights decisions made by ideologues with lifetime appointments can spell disaster for key issues such as healthcare, reproductive rights, voting and civil rights, and more. Some analysts suggest well-defined 18-year terms as a way of restoring limits to what they call “the least accountable branch of government.” In September 2020 Rep. Ro Khanna (D-CA) introduced a bill establishing staggered 18-year terms for SCOTUS justices.

Presidential pardon power must also be checked. While that power can offer mercy, it has been abused, never more so than by Donald Trump. As Princeton professor Keith Whittington notes, “Future abuses could be remedied through a constitutional amendment that makes explicit a president cannot pardon himself, takes pardons of immediate family members off the table, requires that pardons be issues only after conviction, or that pardons cannot be issued during the lame-duck period after presidential election and before president-elect has been inaugurated.”

Finally, a series of codified laws, which have existed since 2000 B.C.E., the most famous example being the Code of Hammurabi written in 1700 B.C.E., which codified the belief in “an eye for an eye” https://study.com/academy/lesson/codified-law-definition-lesson.html, must replace our trust in tradition if democracy is to prevail and remain sustainable. As the last four years have demonstrated, bipartisan legislation is clearly required and urgently needed.

It’s a tall order, I know, but as James Fallows noted, there is a “never-ending mission of forming a more perfect union.” The time to begin that daunting mission is now.

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Elayne Clift writes about politics, women, and social justice from Saxtons River, Vt.

 

Beginning the New Year, Eyes Wide Open

“People are slow to recognize events taking place around them. They have other priorities, events happen invisibly, changes are incremental, people keep recalibrating.”

That quote, from an article in the November issue of Smithsonian Magazine, appears in the introduction to a story of a young Jewish girl’s diary written during WWII and only recently discovered.  Her name was Renia Spiegel and she was murdered by Nazis when she was 18.

The quote jumped out at me because as 2018 was coming to a close I found myself increasingly concerned about the precipice we seem to be facing as American democracy steals ever closer to dangerous and perhaps irrevocable decline. The rapidity with which we are descending into unprecedented political depravity was alarming in itself, but so too was the fact that so many people didn’t appear to understand what was happening, or didn’t seem to care.

One can perhaps understand the lack of gravity among people too young to remember the terror of 1930s Europe or our own crisis of the 1960s and the Nixonian blight, but how, I wondered, could the worries of the present, and the warnings from those who witnessed WWII through the lens of global aggression, hatred, prejudice, and violence not be taken more seriously?

We are not, of course, the only country flirting with or openly embracing fascism. Almost all of Europe is now threatened with reprisal of a time, and a scourge, we thought impossible to repeat when the war ended. Many other regions of the world from South America to the Philippines are also facing threats, or the reality, of dictatorship. It’s a situation we all need to be aware of and to resist mightily. After all, to where does one flee when the majority of nations have succumbed?

But our country has other trouble signs that don’t exist elsewhere and they need attention and action too.

We are virtually the only “developed” nation in the world that has chosen to ignore the visible, verifiable science of climate change.

We are a country unable to enact gun laws that could keep our children from being murdered.

We are a country in which white men, like outrageous sex offender Jeffrey Epstein, or crime partner Michael Cohen, can negotiate their way out of appropriate jail time despite serious crimes they’ve committed, while black men caught with a bit of marijuana in their possession a decade or two ago languish in jail, and women like Cyntoia Brown, a victim of sex abuse and trafficking who killed her 43-year old abuser when she was 16, gets a life sentence with a 50-year wait for possibility of parole. 

We are a country that lets people die for lack of access to massively expensive healthcare, a country that stands by as our sacred lands and national parks are drilled, fracked, and mined, our water is polluted, and our kids can’t get a decent meal in school, which for many is their only solid meal a day.

We are a country in which decent people seeking safety and the dignity of work are torn from their children and an agency like ICE can detain and deport them at will while holding their kids hostage in cages and desert jails.

We are a country (although not the only one) where hate crimes and violent rhetoric and behavior have escalated dramatically in the last year, and where anyone perceived as Other is fair game for such crime and violence.

And we are a country where legislators try their damnedest to forbid women control over their bodies and agency over their lives.

It’s enough to take anyone’s breathe away and it makes it really hard to “go high,” as Michele Obama would say, because there seems to be no end to how low people who have no business in government are willing to go.

For two years I clung to the idea that surely, this event or that would be the one to end the dysfunction, cruelty, corruption, lying and various abuses we were experiencing and witnessing. I’ve tried to offer optimism and hope to people as their (and my own) angst has grown. And as 2018 faded, there were signs that we might see an end to the travesties engulfing us. The courts were holding, journalists were doing extraordinary investigative research while media was finding its voice when feet needed to be held to fire, and Robert Mueller was closing in. And that big blue, female wave in Congress and down-ballot was, I believe, a foreshadowing of the change that is possible, and I think inevitable – so long as we maintain vigilant and vocal.

All of that is encouraging. But there is still a tsunami coming toward us and the clock is ticking. The moment when it will be too late to hide or run get to higher ground is nearly upon us. So, while we cling to hope and optimism, we must never allow ourselves to let other priorities prevail or to miss noticing, or rejecting, incremental or invisible changes lurking below the radar. Perhaps most important of all, we must never, ever recalibrate our way into complacency, and thus ultimate collusion.

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Elayne Clift writes about women, politics, and social issues from Saxtons River, Vt.

www.elayne-clift.com