President Obama's State of the Union description of the Cantor/McConnell Republican Faction of NO as "playing short term politics" and failing to display “leadership” was an understatement. The Faction of NO poses a profound threat to the United States. They, like their nineteenth century confederate counterparts, have seceded from constitutional government and declared a civil war. On Main Street that war is waged with racist hate speech spectacles. In the media it advances from the mouths of Limbaugh and Beck.
In the Senate of the United States the Faction of NO’s civil war is waged with Rule 22 that establishes the parliamentary procedure for stopping debate on bills including those to change Rule 22 itself. If sixteen Senators sign a motion to bring to a close the debate upon any measure, motion, or other matter pending before the Senate, the Presiding Officer, without debate, submits to the Senate for a yea-and-nay vote the question: “Is it the sense of the Senate that the debate shall be brought to a close?” If that question is decided in the affirmative by three-fifths of the Senators present or in the case of a motion to change Rule 22 by an affirmative vote of two-thirds of those present, then debate limitations are imposed. If not, the bill or motion can be filibustered to death.
In the Senate the Faction of NO has obstructed the appointment of Obama nominees. As of November 2009, 53 of Obama nominees are still waiting for a full Senate vote, and another 175 are pending in committee. Since 1949, “cloture votes” under Rule 22 have focused on only 24 nominees. In the first nine months of the Obama administration, however, there have been 5! In the Democrat-controlled 110th Congress, Republicans have filibustered more legislation and have required more “cloture votes” to break them than in any other Congress in history. (Rebecca Lehman 11/05/2009 http://www.ourfuture.org) No matter what party is in the majority, under Rule 22, the Senate’s functioning is subject to the risk of minority tyranny, because a super majority of 60 votes is required to perform its constitutional role.
So how can the country deal with the civil war by the Faction of NO in the United States Senate?
For starters we can resurrect the wisdom of Founding Father and Fourth President of the United States James Madison. Following the constitutional convention in Philadelphia, Madison, Jay and Hamilton published the Federalist Papers to promote ratification of the new Constitution. In Federalist Papers, No 10, Madison wrote, “By a faction I understand a number of citizens, whether amounting to a majority or minority of the whole who are united and actuated by some common impulse of passion, or of interest, adverse to the rights of other citizens or to the permanent and aggregate interests of the community.” The causes of faction are ‘sown’ in the nature of man. They divide mankind in parties, “inflame them with mutual animosity, and (render) them much more disposed to vex and oppress each other than to cooperate for their common good.” Madison argued, “the most common and durable source of factions is the unequal distribution of property. Those who hold and those who are without property have ever formed distinct interests in society. Those who are creditors, and those who are debtors, fall under a like discrimination. A landed interest, a manufacturing interest, a mercantile interest, a moneyed interest, with many lesser interests grow up of necessity in civilized nations, and divide them into different classes, actuated by different sentiments and views. The regulation of these various and interfering interests forms the principle task of modern legislation and involves the spirit of party and faction in the necessary and ordinary operations of government.” Madison concluded, “…the causes of faction cannot be removed and the relief is only to be sought in the means of controlling its effects.”
Now, more than two hundred years after Madison’s wrote those words we are faced with tyrannous minority waging civil war in the Senate of the United States. Madison tells us what to do by what he proposed and argued at the constitutional convention. There, his “Virginia Plan” was presented to the convention that contained the basic design of the future U.S. Government. It provided for a bicameral legislature, with both houses based on proportional representation…. (Chernow, Ron Alexander Hamilton, Penguin ,2004, page 230)
By switching the words “minority” and “majority” in Madison’s argument to the convention justifying proportional representation he speaks directly to us today. According to his biographer Ralph Ketchem, “Next, Madison presented to the convention for the first time the argument that since honesty, respect for character, and conscience had proven insufficient guards against faction and oppression of the majority, only the inclusion within a government of a multitude of interests, sentiments, and sections, each with the power to resist others, would prevent minority tyranny. History proved conclusively that “where a minority are united by a common sentiment, and have an opportunity, the rights of the majority party becomes insecure.” The only remedy, he concluded, “is to enlarge the sphere, and thereby divide the community into so great a number of interests and parties … that in case they should have such a (common) interest, they may not be apt to unite in the pursuit of it. It was incumbent on us then to try this remedy, and with that view to frame a republican system on such a scale and in such a form as will control all the evils which have been experienced.”
When the convention split on the question of proportional representation in the Senate, Delegate Roger Sherman proposed the “Great Compromise”: let representation in the lower house be according to the respective numbers of free inhabitants, and in the upper house let the states be equal. (Ketcham, Ralph James Madison, University of Virginia Press, 1991, page 203).
As result of the “Great Compromise,” Article 1, Section 3, Clause 1 of the Constitution provided that the legislatures of each state shall choose two Senators and with one vote each. By June 5, 1914 the Seventeenth Amendment to the Constitution changed Article 1, Section 3, to read: “The Senate of the United States shall be composed of two Senators from each State, elected by the people thereof, for six years; and each Senator shall have one vote…”
Today we can undo “the Great Compromise” and implement proportional representation in the Senate with a 28th Amendment to the Constitution that would provide: “The Senate of the United States shall be composed one Senator for each Federal Senatorial District containing 3.5 million persons of voting age in each State determined by the census and shall be elected by the people of each Senatorial District, for six years; and each Senator shall have one vote.
I offer the number 3.5 million only for illustration purposes and to suggest that the proposed federal senatorial districts in each state should be substantially larger than congressional districts. A 28th Amendment would enlarge the membership of Senate to more accurately reflect the diverse factional and regional interests of the nation and would likely neutralize the power of the Faction of NO or any other minority that seeks to tyrannize the majority in the Senate of the United States.
What places this film out of its ethnic and cultural context is the tragic structure of its plot. One thinks of Sophocles's Antigone while watching this film. Like King Creon, the father in When We Leave makes the ironic and tragic choice to comply with the male centric code of his community and banishes his daughter. He marshals his sons to support that choice and the dynamic of the tragedy unfolds from there. I do not want to give away the surprise ending but I will say it truly is a remarkable tragedy.
Posted by W B Daniels | January 27, 2011 9:48 AM
As if the Holocaust is not grotesque enough, the Nazi deception displayed in this film raises it one more notch in unspeakable horror.
Posted by W B Daniels | August 10, 2010 9:11 PM
It is particularly fitting that the WIP should review Half the Sky. Kristof and WuDunn argue the abuse of women is an opportunity for a global human rights movement to emancipate women. In my view the WIP been the most articulate voice in that movement since the website’s inception.
Posted by W B Daniels | January 6, 2010 3:21 PM
Corporate journalism is dying because of bloated overhead and big sponsor dependency. Why can't independent on line journalism sustain journalists and continue to speak truth to power? It offers huge social return for a small capital investment. It provides advertisers seeking the independent news consuming market with global circulation for a fraction of the sponsorship dollars they pay corporate journalism. I think these are reasons to be optimistic about the future of fourth branch.
Posted by W B Daniels | January 31, 2009 7:16 AM
After reading this article I went back and reviewed the comments and blogs the WIP allowed me to post this year looking for a sense of closure about what it has meant to me.
The WIP broke me out of my American provincialism –an odd and erroneous Ptolemaic perspective that the center of the universe is the USA. It exploded that perspective by bringing global journalism into my daily awareness.
On the 7th of this month the WIP also brought me into an international dialogue that compelled me to spontaneously formulate my contributions with a sense of excitement and awe that such a conversation was taking place. The WIP proved that conversational opportunities like that one have huge potentials for deconstructing the mutual demonization that keeps wars, terrorism, and clashes of civilization alive.
Thank you for all that.
Posted by W B Daniels | December 28, 2008 2:55 PM
The WIP hosts an online chat with Americans for UNFPA
I have no doubt that President Obama is inclined to make the foreign aid decision to fund effective health care for women, including the delivery of birth control and antiretroviral drugs for HIV infected women. Nor do I doubt the multiple beneficial consequences that would follow for each target country by the United States implementing that decision.
I am in doubt about:
1. What political, religious and cultural obstacles in the United States and in the target countries stand in the way of his implementing that decision? and
2. What citizen activism is required to deal with these obstacles?
Please address my doubts. I look forward to great dialogue.
Posted by W B Daniels | December 7, 2008 9:37 AM
Rather than try to summarize or comment, in the words of the cliche about the the worth of a picture, this is a perfect featured article. Thanks
Posted by W B Daniels | November 5, 2008 11:06 AM
In the debate, John McCain, except for military expenditures, proposed a freeze on government spending. Obama's response was the suggestion that such a freeze was like surgery with a blunt instrument.
The McCain freeze proposal was much more than that. It exposed McCain as a mindless Reagan ideologue committed to starving the government beast. A policy of starvation is the conservative alternative to a sane fiscal policy. Like Bush, McCain appears blind to the principle enunciated by Adam Smith in Wealth of Nations:
In the context of the huge existing deficit and U.S. obligations to foreign creditors created by Bush's willful refusal to tax and the anticipated funding a gargantuan Wall Street bailout, McCain's slash-spending-cut-taxes policies are the products of a mind that is oblivious to the growing insolvency of the United States.
During the debate Mc Cain displayed similarly disturbed simplicity by arguing that the Bush' "surge" tactic of increasing the number of American troops in Iraqi alone caused a decisive change the course of war to the exclusion of all others causes. Despite his Annapolis schooling, McCain appears not to know or to have deliberately forgotten George Washington's teaching about causation in war after his successful leadership of the American insurgency against a British occupation during the Revolutionary War. In a recent biography of Washington entitled His Excellency, Joseph J. Ellis reports on Washington's explanation of the American triumph over the British:
In arguing the decisive effect of the surge, in his attack on Obama who opposed it, McCain reveals that he doesn't get the concept of concatenation of causes in war or how the course of the Iraq war has been shaped by of complex and multiple causes.
So the first debate reveals clear cognitive differences between the presidential candidates. McCain's perspective is narrow-focused, simple minded, and disturbingly ideological. Obama's outlook is rational, realistic, and broadly contextual. These differences in perspective point to crucial differences in the quality of their presidential judgment and leadership.
Posted by W B Daniels | September 27, 2008 12:14 PM
The restriction on speech you describe is another example of how freedom of expression guaranteed by the First Amendment has been turned on its head: You can't freely express you views if your views might challenge the views of some one else.
Those who would prevent public and academic forums from being "marketplaces of ideas" are also those who insist that free market capitalism should be free of government regulation.
Thanks for your blog.
Posted by W B Daniels | September 27, 2008 8:57 AM
Thanks for your comment.
Considering your observations and recent CNN news reports it occurs to me that McCain has launched a pre-emptive strike against the press to prevent the exposure of Palin's fundamentalist mentality in unscripted and unrehearsed press conferences and interviews.
The strike began with McCain's cancellation of his appearance on Larry King Live after Campbell Brown asked some probing questions about Palin's record. The press, it seems, has to be punished. The continuing denial of access to Palin was then justified by McCain's accusation that journalistic inquiry into her daughter's unwed pregnancy that McCain disclosed to the world was an abuse by the national press corps.
These access-denying pretexts might be dismissed as silly until you consider that they suggest that cynical concealment and lack of transparency are likely to be prominent characteristics of a McCain presidency just as they have been of the Bush presidency.
I hope the national press corps will not sheepishly accept their "punishment" and McCain's denial of access but will bust McCain as the "straight talk" hypocrite.
Posted by W B Daniels | September 7, 2008 6:16 AM