Good
morning
We’ve seen
it a lot this past year- elements of the government made unable to act by the
strictures of the system. Most recently,
the Hobby Lobby decision in which the Supreme Court held that corporations need
only claim religious status to not only weasel out of compliance with the law
of the land, but also to block their female employees from obtaining reproductive
healthcare from any other source. Now we
see an Appeals court ruling that government subsidies to insurance companies’
customers/prisoners are unconstitutional if their state of residence has
decided to make it so.
On the
other side, we see a potentially game-changing climate plan from this
administration being delayed until 2018, millions of people being kept from
obtaining insurance privately or through Medicaid, and drastically different
levels of access to education and healthcare based merely on the whims of our
government’s constituent states.
The bottom
line is our congressional system was designed to thwart popular action and
maintain the dominance of the southern planter class. Its bicameral structure needlessly increases
the number of goals needed to advance a bill, and the senate systematically undervalues
the votes of urban citizens, sometimes by multiple orders of magnitude. Furthermore, our supreme court has a unique
status worldwide in that it is unelected, serves life terms, and has
effectively uncheckable power, as the amendment process is nigh impossible,
even with a competent and representative election system which we lack.
Judicial
Review has certainly proven useful over the years- can you imagine school
integration, legalization of consensual sodomy, Gay Marriage (for some), (temporary)
extension of the Bill of Rights to high school students, or a Woman’s Right to
Choose happening when they did, if even at all, if it hadn’t been for a court
of unanswerable power? Conversely, can
you imagine corporate personhood, the destruction of campaign finance, complete
fabrication of a universal right to play with weapons, or the present erosion of
union rights happening without it? I’ll
leave Bush v. Gore off the table for now.
The events of recent weeks have been sufficient to push “People’s
History of the Supreme Court” to the top of my list- it’s accomplished so much
good, due in large part to its invincibility before public opinion, and until
recently I was willing to call it a wash.
Now, with an irrevocably broken election system fueling those who choose
its members and no real means to control our legislators, let alone unelected
judges, it seems just one more barrier to democratic action- this can be a good
or a bad thing, but does anyone think it wouldn’t be easier to get a
functioning government under a parliamentary model, with a weaker court and
dependent executive?
The problem
with trusting to democratic processes to figure this out is that our system is
not democratic and systematically disenfranchises millions while deciding
elections based on a woefully corrupt, ridiculously expensive, and technically
obsolete system of campaigns and voting.
The artificial guarantee of rights to states at the expense of citizens
(witness the weighting of small states vs. big states, undercounting residents
of the big ones) is a further complication.
I recognize
the theoretical merit and historical use of judicial review, as well as the
present excitement possible by state-based reform, but here are some changes I
would like to see.
Parliamentary
government- ok off the table for now, but we can adopt many of its common advantages,
namely
Proportionate Representation in
legislatures
Unicameral legislatures
Ideologically responsible
parties
I actually
think the present level of state power is manageable if we had a unified
federal government. As we don’t, I’m
left pondering a more Unitarian model.
At the very least, legislation should permit fewer loopholes for
dissenting states to flout regulations.
Elections-
public finance, public finance, public finance
Party Based voting
More representatives, smaller
districts
Once private
money is out of the picture, the initiative, referendum, and recall become
viable tools once more, which may be all that’s needed to save the concept of
judicial review.
I know this
is short and a bit incoherent, so please post.
I want to discuss possible fixes, not just spitball my own ideas.
Solidarität, Genossinnen und Genossen.
Genosse Graham