The United States Congress by T.S.Khanna, June 28, 2012

The United States Congress

By T.S. Khanna, June 27, 2012.

Congress is the centre piece of American democracy.  It is supposed to represent the voice and collective will of the nation.  However, the constitutional process to identify and arrive at the national voice and the collective will of the nation is being notably violated in the congressional operations.  The quality of its performance has deteriorated below the public acceptance level with an approval rating of 10 to 12%.

Legitimacy of a democratic government is based on the trust of the people in government.  Congress members are the trustees whose power is directly related to their public acceptance or approval.  For government stability, Congress, as an institution, and members as individuals, must be trust worthy and respect worthy in public perception.

However, somehow, respect and trust of congress is being gradually eroded in the public mind.

An in-depth study of Congress and its operations was made by Thomas E. Mann & Norman J. Ornstein and documented in a book, “The Broken Branch”, published by the Oxford University Press, 2006, New York.  This book is a vivid description of the national policy making institution malfunctioning at a tremendous public cost.

One would hope that once the problem and its solution are identified, the institutional pride of the congress members be enough motivation to examine themselves and incorporate the necessary improvements.  However, since the book publication in 2006, no visible or noticeable improvements in congressional operations have been brought about.  It is a clear proof that self-monitoring or self-policing against self-interest is not permitted by human nature, much as it may be expected of human beings.

Some observations and recommendations are recorded, hereunder, as mind teaser for political thinkers.

Observations:

1.      The American System was designed with more faith in human being and less knowledge of human nature.  In the system design, institutional self-policing was assumed and obstacles generated by divisive party stances were discounted.

 The basic problem with the System is that public power is too divided and diluted to enable any organization to take decisions on national issues, with a loyal collective support of public.  The system does not have any elected non-partisan Supreme Body which may be responsible for overseeing the entire system with powers to correct malfunctioning wherever it occurs.  For this reason, “The Broken Branch” contents have been ignored.  For the same reason, the contents of this article are not likely to break the ice, either.

2.      Procedural rules and regulations, designed for fair operations and just results are invariably ignored.  The majority party with its Speaker of the House, invents rules and procedures favoring its own agenda at the cost of alienating minority party.  When the minority party gains majority, it repeats the same unfairness.

This has caused (a) short circuiting of ethics, (b) polarization of the parties, (c) lack of accountability leading to individual and collective irresponsibility, (d) low parochial level debates on party lines resulting in gridlocks and deadlocks, (e) dried up social lubrication among congress members of opposite parties, not permitting free and open discussions to resolve conflicting issues, and, (f) continued erosion of public trust and respect for the Congress and its membes.

3.      For the sake of party loyalty, most congress members have lost the intended constitutional independence and judgment on controversial matters.  The President’s party members act as his foot soldiers in his defense, while the opposite party members are constantly on the offensive.  Thus, the constitutional intent of checks and balances of the President and oversight of the Executive is trumped.

4.      For every significant bill, party loyalty is coerced and the members’ independent judgment is sacrificed.  Even on the most significant national issues like budget deficit, party loyalty has higher precedence than national interest.  Both parties are not supportive of the Simpson-Bowel Commission recommendations.

5.      Congress members, on a 2-year term, are constantly concerned to retain their seats in the subsequent elections.  To retain their seats party loyalty and party popularity is far more important than performance of their duties with intended constitutional independence.  Some members get elected repeatedly to the detriment of overall congress performance.

6.      Continued negative effect of representative democracy continues to create more and more divisive polity.  Now the ideological roots of each party have extended into polity, making a large number of voters as fanatic party loyalists.  Here, again, the intent of constitutional independence of voters is assaulted.  The voters have a direct bearing on the type and quality of congress members they elect.  (The issue of improving the quality of voters is discussed elsewhere).

7.      Under successive waves of incumbent friendly redistricting has strengthened some incumbents by increasingly segregating the voters ideologically and geographically.  The present system of representative democracy places no responsibility on the congress members for protecting and promoting national interests.

8.      Under the present set up, as it has developed over the last few decades, a significant number of party loyalists, including voters and elected members, no longer believe that the national cause is more important than the party interests.  In fact, they have started believing that party interest is the national cause.

9.      Increasing polarization of the parties, partisan driven media, congressional districts of ideologically segregated voters, influential power of special interest lobbies, permanent campaigning of the parties against each other, and fanaticization of voters have conspired to degenerate the political dynamics of congress.  Moderate center area has been vacated by both the party members.  Even the thought of independent rational judgment is driven out of the mind of congress members.

10.    Extreme end of each party is getting more extreme with greater influence over the party.  The extreme partisan is being shaped and solidified with the election of more non-compromising candidates.  Congress members are ignoring their institutional and national responsibilities.  Congressional operations are becoming increasingly dysfunctional.  Under the present system, there is no organization with powers to oversee and correct malfunctioning in congress.

11.    In the absence of a counterforce of non-partisan collective or direct democracy, the prevailing divisive forces of representative democracy are tearing the nation apart.  Public is gradually losing trust in and respect for congress reflected in low approval rating.

12.    There is one area all congress members agree on, i.e., shortening of work week and giving themselves liberal raises even in the tough economic times and high level budget deficit. 

According to “The Broken Branch”, Congress has transformed a typical 40-hour Monday thru Friday work week into an 18-hour work week; Tuesday (late PM) to Thursday (early PM).  Congress members do not even read the bills.  They vote on party lines or by the dictates of lobbyists..  Members of both parties have plenty of time for partying and luxury vacations financed by special interest lobbies.

The situation is pathetic; even more so because no one has the power to correct it.  There are lessons to be learned from the prevailing American democracy for refining the democratic systems (discussed elsewhere).

Recommendations:

1.      Abolish the Senate. It has far outlived its purpose.  It is a duplication of representation.  At a great public expense, it only creates delays and deadlocks in the decision making process without ever adding to the quality of Congress decisions.

2.      Create a non-partisan 15-member Supreme Council elected by the American citizens at large on a 6-year term.  One third members may be elected every two years, like the current practice for electing senators.

The Supreme Council may have all the powers and responsibilities of the Senate and the President.  The non-partisan President and Vice President of the Council (elected by the council members on a two-year term) may replace the current partisan President and the Vice President.  For national unity, head of the State should essentially be a non-partisan person.  The present system is flawed, dividing the nation deeper at every presidential election.

In addition, the Supreme Council may have (a) the powers to resolve or supersede the deadlocks in the House of Representative (henceforth may be called congress), and, (b) powers to oversee the Executive and the Congress and correct in early stage any malfunctioning wherever it occurs.

3.       A Supreme Court Justice, on a two-year rotation term, may replace the majority party Speaker to chair the congress proceedings and other operations. Further, the non-voting Justice may establish procedural rules and regulations (with the approval of the Supreme Court) and enforce them in a fair, non-partisan manner.  In addition, the Justice may serve as the chief administrator of the Congressional Budget and Administration Office.  The Justice may report to and serve at the pleasure of the Supreme Council.

4.      Establish an organization “Research & Development on Political Affairs” constantly studying the national and international political pulse and directly reporting to the Supreme Council. The advisory services of this organization may be expanded or curtailed as the Supreme Council may wish.

5.      Change the 2-year term for Congress members to a 6-year term (only one term in a lifetime of a person). One third of the members may be elected every two years, like the current practice for the senators’ election.

6.      The most effective way to improve the quality of an organization is to improve the quality of its members, closely monitor their performance, and use reward-punishment techniques.

To improve the quality of congress members, the following requisites may be adopted to qualify a person for candidacy:

(a)     Education;

·        Fluency in reading and writing of English language,

·        Knowledge of the US and the world history, geography, and current political affairs,

·        Knowledge of the prevailing religions and cultures in the USA,

·        Completion certificate for a prescribed course work on National, State, Local governments, and Special Districts,

·        Completion certificate of  a prescribed course work on accounting, budgeting, deficit financing ---its limits, its advantages and disadvantages vis-à-vis principles of economics,

(b)    Public Service;

·        Completion certificate for one year of voluntary service (without compensation) in a prescribed organization,

·        Creditable service in elected positions at local and state levels.

(c)     Other Requirements;

·        US citizen by birth,

·        Minimum age 35 years & maximum age 70 years on the day of election,

·        Citizen in good standing free of any felony conviction,

·        Clean credit report with a high credit rating, free of any bankruptcy,

·        Must have lived in the district for at least one before the election date,

·        Must have paid federal and state income taxes for at least five years,

·        Any other requisites recommended by the non-partisan Election Commission and approved by the proposed Supreme Council.

            

            To monitor the performance of congress members, consideration may be given to

·        Attendance record,

·        Voting record contributory to budget deficit,

·        Performance rating by the district voters every two years, if this rating falls below 50% , the serving member may be replaced by the next candidate with highest votes in the same election,

·        Rating by the members of the opposite party, if the rating drops below 50%, the serving member may be replaced by next candidate with highest voting in the same election,

·        Voting record to promote, ignore, or oppose the national interests,

·        Institutional public approval rating of Congress.  If this rating falls below 50%, the one third senior most serving members may be replaced by the candidates in their respective districts, next in line with highest votes in the same election.

      

         Compensation of Congress Members;

·        Salary of a congress member may not exceed the average income of  his/her district voters,

·        Perks of a member may not exceed 50% of his/her salary,

·        The salary may be adjusted according to a formula based on the member’s performance ratings,

·        Pension may not exceed 50% of the average salary during the period served.  The time period for pension may not exceed 50% of the length of service to a maximum of three years.

      Compensation for the proposed Supreme Council members may be fixed on a similar        basis.   Congress members may no longer have the powers to vote-fix their own salaries, perks or the work week hours.