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Tuesday, October 16, 2007
Bill Steigerwald :: Townhall.com Columnist
Fixing Up the Constitution
by Bill Steigerwald
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Larry Sabato, director of the Center of Politics at the University of Virginia and a familiar cable TV pundit, has taken it upon himself to reform the U.S. Constitution -- to make it more in tune with a 21st-century political system. Among the eminently debatable ideas he puts forward in “A More Perfect Constitution: 23 Proposals to Revitalize Our Constitution and Make America a Fairer Country” are a single six-year term limit for presidents, two years of required national service for every citizen, and making it possible for foreign-born American citizens like Arnold Schwarzenegger to run for president. I talked to Professor Sabato by telephone on Thursday, Oct. 11, from his offices in Charlottesville, Va.

Q: What do you think is still sound about the Constitution?

A: There’s far more sound about it than needs repair. The superstructure is in good shape -- the separation of powers, the Bill of Rights and the essential underpinnings of American democracy are just as valid today as they were in 1787.

Q: What needs to be fixed and why?

A: I’ve got 23 separate proposals and they are pretty thorough and comprehensive, so I’m not going to summarize 23 ideas. But I’ll simply say we need some adjustments, some tweaking here and there in the powers of the branches, in the way that voters relate to the branches, and maybe particularly in adding a "politics article" to the Constitution.

The Founders were opposed to mass democracy and political parties. They later embraced both but it was too late for the Constitution. Look around the world: Most constitutions have a politics article helping to govern the politics of a country. It might help to do something about this insane primary system, for example, that we’re about to experience.

Q: In your recent L.A. Times commentary, the first change you talked about had to do with putting a brake on the president’s war-making powers. Can you elaborate?

A: Sure. The Founders would have been astounded that we have permitted the system to be hijacked by the executive. They wanted the president and Congress to share war-making powers. Look, this is in the nature of the executive. My proposal is a commentary on Harry Truman in Korea, Lyndon Johnson in Vietnam, Richard Nixon in Vietnam and George W. Bush in Iraq -- two Democrats, two Republicans. Excessive war-making authority is in the nature of the presidential beast.

So I suggest giving the president the leeway to go in and to have some months to try and make things work -- but then to force Congress to play a role every six months in giving a thumbs-up or thumbs-down on the foreign involvement. If the war does not have the support of the Congress and the American people, it’s probably not going to succeed in the long run anyway.

Q: Is it the Constitution’s fault that the executive has run amok on war-powers or is it the fault of a spineless Congress that is afraid to exert its own constitutional prerogatives?

A: I’m going to offer a third alternative: It’s simply that the Founders could not possibly have imagined a world in which the weapons and troops could be moved almost instantaneously. Our situation today could not be more different than in 1787, which is another justification for taking a look at the Constitution to see where we can build a better mousetrap.

Q: Some of your ideas could fall under the category of trying to “constitutionalize” the idea of fairness or more fairness. One of those ideas is to create a Senate with two more representatives added to the 10 most-populated states and one added to the next 15 largest. Why is this necessary?

A: I don’t want to make the Senate another House of Representatives. I do want to make the Senate a bit more representative of the larger population. In the beginning, the population differentials were not great from the largest to the smallest by comparison to today. California is 70 times the size of Wyoming, yet they both get two senators. When you add it all up, 17 percent of the people elect a majority of the United States Senate. That’s the tyranny of a small minority. That’s just as bad as the Founders’ concern about the tyranny of the majority overrunning minority rights. I’m opposed to both tyrannies.

Q: I thought the whole idea was to give every state in the Senate the same power as a way to counteract the House of Representatives and to balance or check the mob’s current passions?

A: The tyranny of the majority. Sure. That’s exactly right. But that’s why I think what I’ve proposed is a fair compromise. It’s the porridge being just right rather than being too hot or too cold. Giving a few additional senators to populate a state reduces the power of the smaller states but they still have greatly disproportionate power.

Q: Some of us -- I won’t name names -- love the idea of government gridlock and figure that the more gridlock, the better.

A: I wouldn’t disagree with that, in many cases. But you also want a system that can take action when action is needed. Sometimes our system is so gridlocked and so over-partisan and polarized that we can’t take action even when we need to.

Q: I was trying to think of something that the whole world can give thanks to because the Senate was so foot-dragging and road-blocking. Can you think of a good example of where the Senate prevented a bad idea from becoming law?

A: There are probably thousands (laughs). I don’t know that the whole world would be grateful, but you could think of various presidents’ desires for grand schemes abroad or at home that didn’t get through the Senate. I’m all for that. As I say, this is a matter of trying to do some tweaking, not fundamental changing, to get the porridge to be the right temperature -- not too hot, not too cold.

Q: We around here are fond of the Electoral College and … Continued...

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About The Author
Bill Steigerwald, born and raised in Pittsburgh, is a former L.A. Times copy editor and free-lancer who also worked as a docudrama researcher for CBS-TV in Hollywood before becoming a reporter for the Pittsburgh Post-Gazette and a columnist Pittsburgh Tribune-Review. Bill Steigerwald recently retired from daily newspaper journalism..
 
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Too irrational and volatile a time
There are quite a few things I would personally change if I had the option. First of all, I would rewrite the Second Amendment of the U.S. Constitution, making it very clear to ultra-liberal senators like Chuck Schumer of New York that the "right of the people to keep and bear Arms, shall not be infringed." Since Schumer and his liberal ilk don't understand what NOT means, he and his cronies are busy as bees, trying to keep 147,000 vets from having the right to possess firearms in America!"

Why am I bringing this issue up now? It's because our right to keep and bear arms would be the FIRST RIGHT to be eliminated if a Constitutional Convention was convened! Our so-called leaders know very well that the only thing keeping tyranny from being initiated in this country is its armed citizenry! The very fact they are trying to eliminate gun rights for so many of our vets should be a warning to us!

Secondly, I would call for strict terms limit. I like the idea of one 6-year term for President. Eight years in office wears out the president, and wears out the patience of the populous. As for Congressional term limits, I will limit Senators to two terms (12 years), and Representatives to 6 terms (12 years). Regarding Supreme Court Justices, I think 12 years is long enough for anyone to be influencing our lives to the degree they do!

But all this is fluff and fodder for fools, because we just don't dare convene a Constitutional Convention when our beleagered nation is so divided and fractured. We wouldn't get anything better than what presently we've got, and chances are we'd get something infinitely worse! And that is why I, too, only gave this article one check mark.


Amendments
I'd have the following new ones:

No person shall succeed himself to any elective office under the united States or any state, nor shall anyone serve more than 15 years in such offices or in any office of trust equivalent or superior to that of Major in the Armed Services.

Any person appointed to any office of trust under the united States or any state who shall give information to a citizen, which information shall prove to be in error, shall be personally responsible for any and all results of the citizen's acting on that information.

All laws enacted under this constitution shall be null and void on January first of the fifth year following their enactment.

Congress shall enact no budget that is not in balance, and the revenue of the united States shall not exceed 10% of the gross national product of the union.

Any legislator who shall vote for, and any executive who shall sign into law any bill deemed to be unconstitutional shall be stripped naked, beaten with leather whips 40 stripes and hanged by the neck until dead in the nearest state or federal capital building. The body shall rot in place for no less than one thousand days.

Schools are bureaucratic institutions.
Children do not belong in institutions.

Le
==
Please visit http://www.schoolandstate.org
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