Four For the Fourth: Fixing the Flaws

Reminder: here are links to my other Four For the Fourth blog articles, one about a plea for silent firecrackers, one about women's rights to independence, and one about needing more metal music on the TV specials dammit!

This is, as mentioned earlier, one of the most dire 4th of Julys I've ever honored.

Because the state of our nation is at a crossroads between majority progressive reform and minority violent retrenchment. As David Atkins notes at the Washington Monthly:

The Roberts Court has imperiled America’s unity. The country’s center-left majority is disenfranchised and under assault from the likes of Samuel Alito. Something has to give.

The large, productive populations of blue states like California and New York—which famously give far more to the national treasury than they get back—chafe under a system that affords far more clout to the citizens of Idaho and Wyoming. The voting majority that won seven of the last eight presidential popular votes and that constitutes 70 percent of the GDP will throw off the yoke of a conservative minority. Most Americans below the age of 40 are progressive—well to the left of today’s median Democrat—and will not buckle under the imposition of a white Christian nationalist agenda by an aging conservative minority.

They know that the Supreme Court has lost its moral authority. Republicans have won the popular vote in a presidential election only once in 30 years, yet Republican presidents have nominated most of the Court’s justices. No Democratic president has chosen a chief justice since Harry Truman in 1946. The last Republican president entered office having lost by nearly 3 million votes even with the aid of a foreign dictatorship, whose help he begged for on the campaign trail. One of those justices was stolen outright by Mitch McConnell under pretenses of it being an election year, only to see the Senate confirm another justice while votes were being cast in the next cycle. The Senate that confirmed those justices is absurdly skewed in favor of small, white, rural conservative states, such that Senate Democrats represent 43 million more voters yet are locked in a 50-50 tie. And the Senate’s skew will only become more blatantly unjust and unsustainable...

The Framers created the Senate and the Electoral College to bring small states on board with the larger national project and to temper what they worried would be the passions of the electorate. They feared demagogues—yet ironically, their solution enabled the rise of one. Their concessions to slave states failed to prevent the Civil War. They got many things wrong and could not foresee or prevent the rise of political parties. Crucially, they also expected future generations to change the Constitution frequently, yet it has barely been amended in almost a century...

The reason I started this blog back in 2006 was to start arguing over the amendments our nation needed to repair a creaky and aging federal constitution: A model of governance that needed to update for a 21st Century that was more progressive than the Founders realized, and stuck to an electoral model that wasn't meant for so many states and a population more than 50 times the nation's original size.

I mean, I got into a tweet debate with Conor Friedersdorf this morning about the problems with the U.S. Senate representation:

Back then the population disparity (10 times) was not as immense as it is today (68 times) between the largest state (CA) and the smallest (WY). You can fit 25 states plus DC into CA and still have room for New Jersey. THAT'S how bad the Senatorial imbalance is now.

— Witty Librarian For Ukraine (@PaulWartenberg) July 4, 2022

This is just one of the many things that need to get fixed so that the tyranny of Minority Party Rule doesn't destroy this nation.

Just amending the representation in the Senate - to end the equal seating of two Senators per state regardless of population, which has unbalanced this Senate to where the political minority of small states can logjam the entire legislative process - would be a huge reform. Changing the rules so that the ten most populous states receive an extra third Senator while the ten smallest states shrink to just one Senator would be the most rational means of doing it (although the small states will begin screaming how their representation is being taken away. Too bad. You don't have enough people to justify having that much power!). Just by changing this, the responsibilities of the Senate - especially the consent and advise for judicial appointments - will reflect the interests of the majority of voters nationwide.

Most other reforms our Constitution should focus on would be fixing a Supreme Court that has become too partisan, and too much a source of political brinksmanship that has helped polarize our parties.

The simplest fix to correct the Court right now - the near-permanent Far Right stranglehold on six seats out of nine - would be to expand the court. And this wouldn't even need an Amendment because Congress already has the power to add or subtract from the bench. This has actually happened before in the 1860s when the nation was responding to the last time the political minority - Southern slaveholding conservatives - caused this level of damage. They shrank the number of Justices in 1866 to stop Andrew Johnson from replacing retiring jurists with pro-segregationist people, and then re-expanded the number to nine (where it's been since) to give U.S. Grant and the then-liberal Republicans the chance to ensure an anti-slavery pro-rights Court would work.

So adding four seats - while the Democrats control both the White House (Biden) and the Senate (tie-breaker vote) before the 2022 midterms shake things up - would be the simplest thing but also greatest political hazard for Democrats. They worry that a future Republican-held Congress and White House would escalate like an arms race: If Dems upped the seats to 13 for a 7-6 ideological advantage, the future GOP would respond by added 10 seats for a 16-to-7 sledgehammer. Even though there IS a legitimate reason to expand to 13 seats - there are 13 judicial districts (11 state regions and 2 special jurisdictions) that require oversight by a Supreme Court Justice - the Dems don't seem to want to go that route.

Even though the Republicans would jump at the chance to expand to 13 seats right now if they were in power, and bump it up to a 10-to-3 advantage they would never let go of.

There is another way to fix the Supreme Court but it might involve an amendment: Setting retirement age limits. Right now due to wording in Article III Section I, judicial appointments may be lifetime. Best way to make sure the SCOTUS seats change hands - by either a term limit (12 or 16 years) or mandatory retirement (65 years old) - and make it harder for either party to plan any long-term control of the judiciary.

Another Amendment this nation needs in this dark hour is something, anything, to stop the partisan gerrymandering that gives the state parties too much control over who can actually run for office and who can win. We've seen the evidence and reports about how gerrymandering districts to extremes reduces voter interest and turnout. We know how gerrymandering pulls away power from the urban populations and gives that power to sparse rural areas. We've watched the last 10 years how partisan gerrymandering gave us minority party rule at both the state and Congressional levels. 

Instead of fair districts, instead of ensuring each person's vote will count, gerrymandering diminishes that power and grants it to the special interests - mostly the greedy and the evangelical - who don't care about what happens to the citizenry. If we could get a Congress responsive enough to pass such reforms... but we can't, because there's enough figures in both parties who prefer the gerrymandered status quo. The irony: Gerrymandering makes sure we don't get enough reformers elected to end gerrymandering anyway.

Oh, and getting rid of the broken Electoral College - a system that violates the will of the majority of Americans, may well deny us rightfully-elected Presidents in the future - is a must.

The United States need so many other reforms to our electoral system and to the checks and balances that ought to exist between the federal branches and the states. To get there, we as voters are going to need a concerted effort - by enough Americans across enough states - to use whatever power we have left at the ballot box to pass these reforms and restore both our rights and our safety. 

That means voting FOR those who can reform our system - Democrats - and voting AGAINT those who will corrupt it further - Republicans - for their own greedy sadistic needs.

This won't be a good Independence Day until we're independent from the corrupt powers in high places.

Good luck. Keep fighting.