Respond, Repair, Reform

Part I of Several

Let me begin by stating the self-evident: The role of government is to govern. It has the power of decision that allows hundreds of millions of people to live together in an orderly fashion and as peacefully and harmoniously as possible. To exercise that power, it is given the authority to enact and execute laws, and to pursue policies which, as the Constitution states, “establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty”. In light of this statement, it is reasonable to conclude that our national government is, and has been for some time, ineffective at its basic function. Political sclerosis has deprived it of the flexibility and responsiveness essential to a modern technological society. The mishandling of the current pandemic is proof positive of this failure. Despite the need for change and improvement, efforts at reform are frustrated by both those who thrive under the status quo, and by the stultifying nature of the government itself.

“Politics is the art of the possible, the attainable- the art of the next best” - Otto von Bismarck

Beginning on January 20, 2021, the Biden Administration will come face-to-face with the immediate crises of the pandemic which is killing Americans and straining the nation’s healthcare system to the breaking point, as well as an economy on the brink of a recession. Covid-19 will force the shuttering of many businesses and unemployment will increase. This is in addition to taking on an incoming Administration’s standard workload of staffing Federal agencies and submitting, in short order, a proposed budget to Congress. Given the strong possibility the Republicans will retain their Senate majority, the Biden Administration will be dealing with a recalcitrant Senate bent on obstructing its legislative program. The consequence will be a truncated policy agenda and reliance on the powers of the Presidency rather than statutory action. Think of it as a response phase, with little space for substantive reform.

Should the Democrats draw the inside straight and gain the majority by winning the two Senate seats in Georgia’s January run-off, they would be in position to attempt to implement a program of reform, repairing the harm done to the norms and institutions of governance under President Trump and beginning the task of regaining public trust. With a 51-50 majority, the Senate could, as an example, eliminate the filibuster, easing the way for a more robust legislative agenda.

Of course, true structural reform would be a heavy lift even if we enjoyed political comity, and even if the acceptance of the compromises necessary for political action was not disdained by the two major parties. If we believe that government derives its power- and the authority to use that power- “from the consent of the governed”, garnering public support as a way to influence lawmakers becomes imperative. With the forces of resistance being well-situated in the media and in networks of political donors and special interests, it would be ostrich-like folly to believe that government reform is a short-term project. A reasonable guess is that, even considering the changing demographics of the country, it would take twelve years- three Presidential cycles- to implement an agenda of reform. There will be times when progress means accepting “the next best”. And the hill to climb will be many degrees steeper if a Constitutional Amendment is required to make a change.

Given these stipulations, what follows in this space over the next months will be a theoretical discussion, a “what if” survey to list and categorize some of the issues, examine their causes, and, wherever possible, consider solutions. Some of these issues deal directly with the design of the government. This structure is not immutable. The Constitution is not a detailed plan for the Federal government, but a rather sparse framework. In their foresight, the Framers knew there would come times to make changes and so allowed for Amendment of the original document (Article V). It has, in fact been amended twenty-seven times. The reality is that the Federal government has been almost wholly fleshed out either by laws enacted by Congress, or by practices and precedents accepted as norms. (e.g. There is no legal requirement for the losing candidate to concede an election.)

Is Reform Necessary?

The core principle of democracy is majority rule: In order to reach decisions by voting, fifty percent plus one of the voters settle the issue. The corollary is, while the majority exercises power, the rights of the minority are protected. Avoiding tyranny of the majority is why our rights are enshrined in the Constitution.

It can be argued our political system has devolved into a tyranny of the minority, (I discussed this in a previous post.) There are counter-majoritarian structural issues: Senators, for example, represents arbitrary units of geography rather than people. The role of money in political campaigns and in lobbying efforts permits a wealthy minority to exert control over government, adding a facade of legitimacy to what may be best-termed a crypto-plutocracy. Without the consent of a majority of the people, democratic government forfeits its legitimacy.

Aside from the exigent problems awaiting the new administration, there are a multitude of other issues which demand consideration. On the domestic front alone, a partial list in no particular order includes:

• Voting Rights

• Systemic Racism

• Healthcare

• Income Inequality

• Climate Emergency

• Renewable Energy

• Infrastructure

• Campaign Finance Reform

• Judiciary Reform

• Student Debt

• Public Education

• Immigration

• Veterans Care

• Police Reform

• Social Media Regulation

(This list does not touch on the foreign policy tests that await not only the Biden Administration, but America over the coming decades as the the issues of geo-politics change. )

The true challenge for our Republic is, “Are we able to renew our politics at the same time we manage the current crises (the “walk-and-chew-gum” question)?” Can we make the reforms necessary to preserve a democratic society? Can an nation founded on ideas find its way?

Note to readers: I will be commenting on the issues I raised here in the future. Aside from your comments- which are welcome- if you would like to submit a piece of your own for the 168 newsletter, please email me at nicrosato2@gmail.com.

For those of you reading this as an email newsletter, you can view all my newsletter posts at www.1hundredsixty8.substack.com. My past blog posts are viewable at 1hundredsixty8.com.