V.P. Biden Could Lead Gridlock Reform

An Open Letter To Vice President Biden

Mr. Vice President, now is the time for you to 

exercise one of your important duties.

vice.president@whitehouse.gov

Dear Mr. Vice President,

The Brennan Center for Justice at the New York University School of Law, a nonpartisan law and policy institute that seeks to improve our systems of democracy and justice, has indicated that “Although often overlooked, one of the duties of the vice president is to act as president of the Senate, including issuing advisory opinions about internal Senate procedure.”¹

I am writing to you to remind that you are in a very unique position at a critical point in our nation’s history to issue an historic Advisory Opinion on internal Senate procedures that could be a highlight of your legacy and a manifesto to challenge and guide the future operations of the United States Senate.

First of all, as President of the U.S. Senate you are in the foremost position to issue such a manifesto. Secondly, your 36 year career as an active U.S. Senator, combined with nearly 8 years as Vice President and Senate President, has given you a perspective unmatched by any individual. Thirdly, your apparent retirement from elected office, gives you a credibility and neutrality which is necessary to speak on a controversial issue that demands bipartisanship, yet defies resolution because of its powerful political scope that benefits both major political parties. Finally, as the Obama Administration draws to a close and a new Presidency has yet to be decided, and a new Congressional session looms, the timing could not be better to set the stage for a new era Senatorial reform.

As you and all Washington, DC insiders know well, certain Senate procedures and rules are a major contributor to governmental gridlock and dysfunction. The excessive increase in the so-called “silent filibuster”; the arcane procedure known as a Senatorial “hold”; and the ability of Senate Leadership and Committee Chairs to ignore Constitutionally-mandated functions (advise and consent) because there are no specified procedural time limits (e.g. Supreme Court appointment), are a few examples of rules and procedures that demand changes.

Some will argue that such changes require a two-thirds vote of the Senate, but that argument has been dispelled by both Republicans and Democrats.

Again, citing the Brennan Center, “The Constitution nowhere requires a two-thirds vote for changing Senate rules and does not even mention filibusters. The Constitution states that ‘each house may determine the rules of its proceedings,’ and the document requires a two-thirds vote only for impeachments, expelling a member, ratifying treaties, overriding presidential vetoes, and proposing constitutional amendments. There is simply no reason to believe that the framers of the Constitution thought a two-thirds vote could be required for the Senate (or the House) to change its rules. The straightforward inference is that, as a constitutional matter, only a simple majority is required.”²

Without going into the details of these extreme extra-parliamentary practices that both parties have self-imposed on House & Senate procedures, it is these very practices that have led, in large part, to the current dysfunctional government and the increasing public unrest.

It is my opinion that if you dig deep into the search for solutions you can find it in the simple concept of "majority rule." For the last several decades inside political manipulation by both parties has undermined this basic concept, and as a result given rise to a devilish concept of "minority rule." This nightmarish concept defies compromise and feeds on government stagnation, obstruction and inaction on increasingly perplexing problems and issues that demand action -- that's why the public is mad – that’s why they have lost their trust and respect for government.

Not only do these practices grind decision making to a standstill, but they allow for increased leverage for lobbyists and moneyed influences. These practices are the "demons of democracy" and have led to the public’s perception that Congress is basically useless as a governing body – e.g. approval ratings less than 10%.

As Thomas Jefferson pointed out way back in 1809, "Where the law of the majority ceases to be acknowledged, there government ends, the law of the strongest takes its place, and life and property are his who can take them." He also said, "All... being equally free, no one has a right to say what shall be law for the others. Our way is to put these questions to the vote, and to consider that as law for which the majority votes."³

The “demons of democracy” have so distorted the democratic process envisioned by the Founders and the Constitution, as to make it unrecognizable. No elected President (Democrat, Republican or Independent) can achieve their stated or envisioned goals for the country because of these constraints. The result is that the majority public and winning candidate are denied any opportunity to see their vision actually implemented.

We must have trust in the majority rule system as it may not always deliver the results that we, as an individual, envision; however, if decisions are really bad, the majority corrects itself by changing direction. The founders and our Constitution were based on the concept of majority rule and we have now drifted away from that cornerstone.

Mr. Vice President, your leadership on this vital issue at this critical time can help turn the tide of what is becoming a dangerous decline in the public’s belief in our democratic form of government and our political leaders from both major parties.

I refer you to my blog – J.P. McJefferson: Exposing the Underpinnings of a Broken Government – for postings, commentary, tools, resources and court cases relating to broken government.

Please use your position, experience and authority to address these critical issues in an Advisory Opinion on internal Senate procedures.

¹ The Filibuster Myth, Frederick A. O. (“Fritz”) Schwarz, Jr., January 15, 2013. Brennan Center

²The Filibuster Myth, Frederick A. O. (“Fritz”) Schwarz, Jr., January 15, 2013. Brennan Center

³ Thomas Jefferson to Annapolis Citizens, 1809. ME 16:337 & Thomas Jefferson: Address to the Cherokee Nation, 1809. ME 16:456

Comment: "How American Politics Went Insane"

(comment in response to Jonathan Rauch's article published in The Atlantic, July/August, 2016 issue -- "How American Politics Went Insane")

This is an excellent article that focuses on many of the underlying reasons that have led to the sad state of our current dysfunctional government and the increasing public unrest. It is my opinion that if you dig deep into the search for solutions you can find it in the simple concept of "majority rule." For the last several decades inside political manipulation by both parties has undermined this basic concept, and as a result given rise to a devilish concept of "minority rule." This nightmarish concept defies compromise and feeds on government stagnation, obstruction and inaction on increasingly perplexing problems and issues that demand action -- that's why the public is mad.

 

The deep-rooted underpinnings of this increased dysfunction are Congressional rules and procedures all designed to frustrate the concept of majority rule -- abuses of the filibuster process in the Senate (silent filibuster & extensive use); senatorial holds; the “Hastert rule” in the House; riders & unrelated amendments, etc. Not only do they grind decision making to a standstill, but they allow for increased leverage for lobbyists and moneyed influences.

 

These are the "demons of democracy" that, as this article indicates have led to, "the general public’s reflexive, unreasoning hostility to politicians and the process of politics. Neurotic hatred of the political class. . ." As Thomas Jefferson pointed out way back in 1809, "Where the law of the majority ceases to be acknowledged, there government ends, the law of the strongest takes its place, and life and property are his who can take them."

 

But, solutions are at hand. I agree with the article which indicates, "Restoring the earmarks that help grease legislative success requires nothing more than a change in congressional rules. . ." This is true and every Washington politician and political insider knows it. Yet reforms to correct the process are few and far between because both parties use the "demons" to their advantage to manipulate political outcomes.

 

The public, the media, political reformers and the few remaining "statesmen" in Congress must focus their efforts like a laser beam on the "demons" and press for changes to restore majority rule. As I point out in one of my blog posts, you have to trust the majority rule system as it may not always deliver the results that you want -- if decisions are really bad, the majority corrects itself by changing direction -- if you can't live with majority rule then you should probably seek another alternative, somewhere else.

J.P. McJefferson, "Exposing the Underpinnings of a Broken Government."

Unrelated Amendments & Riders – Tricks of the Political Trade

(provided as a comment on H.R.2578 on the excellent website 4US.com)

H.R.2578 is a good example of legislative and political manipulation designed to confuse the public and hide important issue votes -- the practice of adding unrelated amendments, indirectly related and riders to bills under consideration. It is a ploy designed to deceive the public, sneak through legislation and make it difficult to hold legislators accountable. You can see here on the 4US.com website, the important significance of some of the amendments to this bill that were considered and voted on are not revealed and you cannot tell how your Members voted. Unrelated amendments are a significant contributor to Congressional gridlock and broken government and should be eliminated.

The primary purpose of this bill was to provide appropriations to the Department of Commerce, the Department of Justice (DOJ), science agencies, and several related agencies. Yet four, highly controversial amendments relating to gun regulations were offered and defeated in separate and very close votes.

See: Senate rejects all gun bills - Democrats and Republicans took turns defeating dueling proposals on background checks and efforts to prevent terrorists from buying firearms. June 20, 2016

See also: all details for H.R.2578 - Commerce, Justice, Science, and Related Agencies Appropriations Act, 2016, including amendments and links to roll call votes on the Congress.gov website.