165. Mueller Report Raises Constitutional Questions.

25 Apr

The Mueller Report and all of the gov investigations have made apparent, weaknesses in our system of government. Our system is better than most, but still could be improved.

First, consider that the USA Congress has 535 members. The Supreme Court has nine members. Universities have several regents. Corporations have a board of directors. The Federal Reserve board has seven members.  Yet, the USA has ONE President with great power (to possibly cause harm). Why don’t we elect a small group to make presidential decisions. For example, five “directors” could make all major decisions and the group could choose one member as “chairman” or President for ceremonial or communication purposes.

There are many parts of our governmental structure that could use revision. The above is one issue. Here are some others. There are two Senators from each state, regardless of state population. This is unfair to the people of California and other large states. We elect a president using an old system, the “electoral college.” Each voter in the USA should have an equal say in a presidential election, regardless of state borders. We have Congressional “grid-lock” because there are two houses of congress instead of one. We don’t need two houses to be cautious, we can simply have one body and adjust the number required for passage of a bill.

I am not going to make a detailed proposal for gov restructure in this blog. And, I know that major change is extremely difficult and unlikely in the near future. One reason why change is difficult, is that current leaders were elected under this system and so they favor the system that got them elected. And yet, unlikely things can happen, especially if the voters protest enough. 12 years ago, I would have said that a black president was very unlikely.

More closely related to the report, is the relationship between the President and the Department of Justice.  The DOJ must be more independent. One answer might be to elect the attorney general instead of the President appointing him/her.  Maybe the same for the Fed Reserve board chairman.

Another thought would be to have an “Independent Group” (IGroup) that would appoint federal judges, Fed Reserve members, the A.G., and maybe other positions. A state “IGroup” could also do state redistricting (Michigan is working on creating this kind of independent group). Any position that must be independent of the President should by chosen by that group. This IGroup could be elected, or could consist of reps from Repub and Dem parties chosen by nominated by party leaders. More IGroup members could be appointed by Universities. The duration for participation in this group could be short, say, 1 to 2 years. Shorter durations tend to prevent corruption. After completing this blog I was pleased to see reports on the Michigan “Independent Citizens Redistricting Commission” mentioned above. Do a search on this commission to see how this type of independent group might be composed.

We could certainly improve some legal definitions and procedures for dealing with impeachment and other issues of the presidency. Some of the areas needing better definition are “emoluments,” divesting business interests, nepotism, presidential obstruction of justice, conspiracy/collusion, rules for pardons, and rules for security clearance. Perhaps a President should not be able to override the decisions of career employees. Special Congressional committees or “IGroups” could play a more active role in these controversial issues.

Maybe the first step would be the formation of a group (from Congress and/or Universities) to start formulating a new more appropriate 21st Century system of government. Our current US Constitution is a great work, but it originated 1787 and has had 27 subsequent amendments. The aberrations of the current administration suggest all of the considerations listed here.

 

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