Posted by
Maureen001 on Friday, January 29, 2010 2:22:47 PM
Any school kid can tell you that our system of government was designed with checks and balances in place, in order to keep its participants from straying too far from the straight and narrow path. And most folks can even tell you that the triumvirate of legislative, executive, and judiciary branches is the embodiment of checks and balances. It's in our elementary school textbooks. Everybody knows this.
On occasion we see division between those three branches, reflective of some aspect of "check" coming into play. The recent Supreme Court ruling in
United Citizens v. Federal Elections Commission is an example of this, where the judiciary issued a decision that most decidedly rubbed the Executive and members of the Legislature the wrong way. In the past, when we had a Party majority in opposition to the Party of the President, we often saw evidence of "checks" at work. It's probably a safe bet that we will see more of this "check" action come into play this election year, as some members of the President's majority Party place their bets either for or against his current popularity (or lack thereof) with the electorate in their bids to win election. But somehow, it has always been a bit of a struggle for me to find comfort in this one example taught to us early on, division of the three branches, as being the safety net we have against a too-powerful, oppressive government.
That's because it wasn't the only method of checks and balances designed into our system of government by our Founders. To understand the beauty of design, the genius that went into the creation of our government, we have to look at what was then, what is now, and how changes over time have robbed us of protection, resulting in the strained, partisan system of infighting we now call 'government'.
Consider this: Congresscritters are elected for a two year term, the President for four years, and Senators for six. These are not arbitrary numbers. They were selected to establish state control and influence and continuity in the function of the federal government while allowing for more frequent updating of local opinion at the same time. Remember that senators were not initially elected by popular vote, they were appointed by the governors of each state to
represent the interests of that state. Presidents were, and still are, elected by vote of the Electoral College, whose members
represent the interests of the people as reflected in the presidential election process. Only Congresscritters were, and still are, elected by a direct vote of the people to
represent them at the federal level. (Hence, our
representative form of government; we are
not a democracy, which is majority rule, which historically has facilitated the trampling of the rights of minorities.) The design was to make Congress (who holds the purse strings of the federal government, who can declare war, etc.) most representative of the wishes of the people, most answerable to the people, and most vulnerable to removal from office via the shortest term of office. The number of Congresscritters allowed per state is based on the size of population, as determined every ten years by the National Census. Senators, whose six year terms varied from the four year terms of governors, were there to advocate on behalf of their represented states, whose interests undoubtedly persisted beyond those of its elected governors. A certain amount of consistency and stability resulted from the longer senatorial terms.
The office of President, the Chief Executive Officer (CEO) of the federal government, has always contained the element of politics to it. The number of electors representing each state in the electoral college system is the combined total of the number of Senators and Congresscritters each state has. Electors are selected by the political parties of each state, usually immediately following their respective national conventions, when candidates for President and Vice President have been selected as well.
When folks vote in presidential elections, what we are really doing (and what we once understood we were doing) is voting for the electors, NOT for President and Vice President. Originally, there was no requirement that candidates for President and Vice President be of the same party. When electors met in their representative states to cast their votes following the popular vote, the candidate receiving the most votes became the choice for president, and first runner-up for Vice President. This didn't work very well; some candidates won as President in some states and as Vice President in others, without the necessary clear majority -- note the election of 1800 -- leading to ratification of the Twelfth Amendment in 1804 that changed the process to election of a Party "ticket" of President/Vice President. This change, although necessary, had the effect of strengthening the roles of political parties in the election process, something the Founders did
not want and would have found to be both corrupting and distasteful. There is nothing in the Constitution that dictates how each state will design its selection of electors, nor how those electors will cast their votes. Electors are independent and do not have to necessarily vote to reflect the popular vote in their states, although almost all have done so. Most states have a "winner take all" approach to assigning electoral votes, but a few now use a "district system" that assigns two electors at-large and the rest by congressional district. Votes are cast by the at-large electors on the basis of majority of the statewide popular vote and in each district on the basis of majority in that district. This has the effect of neutralizing the overwhelming effect in populous individual districts (such as where large cities are located). When the Founding Dads came up with the idea of the Electoral College, they designed a system that
- Reconciled differing states and federal interests
- Provided a degree of popular participation in the election process
- Allowed less populous states additional leverage in national decisions
- Made the presidency independent of Congress for election and re-election, except in the case of an unresolvable tie vote
- Insulated the selection process for the presidency from political manipulation, to some degree
It was the desire of the Founding Dads to create a process that would allow for the selection of the most qualified person for CEO of the country, rather than the most popular or the most politically-connected. The Founders distrusted politics, viewing it as the impediment of special interests on the operation of effective and even-handed government. They designed a system they hoped would minimize the effects of politics on the selection of the President, and for a time it seemed they had succeeded. This all changed with the re-election campaign of President Andrew Jackson in 1832.
At issue was the extension of the charter of the Second Bank of the United States, which served as the nation's central bank (much as the Federal Reserve system does today). There had been disastrous experiences for the country with the first Bank of the United States, and with its predecessor, the Bank of North America, making folks wary of another central bank; the bank was given a 20 year charter which would expire in 1836. Nicholas Biddle, President of the Second Bank of the United States, wanted an early extension of the charter while he had (he believed) the votes to do it. An obliging Congress passed the extension bill, and because it was an election year, it was expected the President not want to make waves. Instead, President Jackson vetoed the bill, making the bank the Number One campaign issue of the election. Biddle's influence in Congress and with the press was strong. In order to mount an effective challenge,
Andrew Jackson did something that had never been done before: he took his argument to the people. In campaign stops all over the country, Jackson warned voters of the danger to the economy the Bank posed (and Biddle obligingly confirmed as he punitively tightened the money supply, causing economic chaos on purpose, thinking it would scare people into opposing Jackson). Jackson won, the Second Bank of the United States went away at the end of its charter, and the perception of the role of the President was forever changed in the minds of the voters: it went from 'public servant' to 'national leader', and that politicized interpretation is what we've had ever since.
It's fairly easy to recognize what effect this change in perception of our nation's CEO has wrought. The President is called "the leader of the free world", the leader of his (and someday, her) political party, and is perceived as being synonymous with the country itself. The amount of power any given president holds is awesome. And the amount of control over the country in general the president holds has exploded in scope, far outside that specifically granted in the Constitution. Gone is the focus on state government and its more personal relationship with its constituents. Today we have a situation whereby a miffed California Senator Feinstein can respond to the plea of California Governor Schwarzenegger for the state's Senators to reject a plan for national health care because of its onerous cost to the state by essentially telling him to stay out of Washington and mind his own deficit.
We lose. We lose because we've made changes to what was a thoughtful, carefully designed plan, incremental changes made without regard to the safeguards that were eliminated, without understanding of the beauty of the design. Instead, we get all-politics, all the time. Presidential campaigns never come to an end. Political parties and incumbent candidates raise astronomical sums of money in their attempt to dominate the game, and voters agree to one abridgment of their rights after another in a futile attempt to find peace and security.
We are now the public servants.