The Basic Constitutional Issues That Scholars Refuse To Discuss

The foremost issue is federalism, and the failure of the States to achieve federalism.  During the nation’s first hundred years, the States were represented in the U.S. Senate, but only the people were represented in the U.S. House of  Representatives. Apparently, the States could not figure out how to put their own reps into the U.S. House. If States could have figured out that problem, federalism would have been achieved.  The Constitution would have been a success. Well, almost a success, except for one other thing. The States run all elections through their county elections departments. But the responsibilities of county elections departments should come to an abrupt end just as soon as all local officials are elected. Unfortunately, States have not figured that one out either.

We have this thing called “representative government” where the whole election process is constitutionally supposed to change gears and enter into a completely separate system of elections.  They are Electoral College elections, over which the county elections departments should have no jurisdiction at all. The Electoral Colleges do their first jobs at their respective State Capitols, followed by their second job at their National Capitol. When both jobs are done, these colleges will have organized themselves into legitimate working bodies and conducted their own conventions that will have both nominated and elected all executive officers of the entire Federation of the Fifty States. Republicans, Democrats, et al leave their partisan labels outside the door, and follow the wishes of the local district which sent them.

The Founders wisely planned that only a body of elites would manage all the affairs of the Federation. States, from the beginning, have bungled and mangled this constitutional plan for creating a true Federation. They should have said to themselves in the beginning, “Now before we start implementing this Constitution, we must reorganize our people into the Congressional Districts required by the Constitution so that the one elected body of people’s reps are qualified to sit in any legislative body to which they are sent. Thereby, every State Legislature will move right on into the U.S. House of Representatives as well.” Those instructions are just as valid today as two and a quarter centuries ago.

We are one people, deserving one local rep to take care of all governing (for a 2-year term) above the county/city level. Of all the crying and fussing over civil rights, all of us without exception should have that civil right to a local rep of our own. This nation needs upwards of 10,000 of such reps. That is 10,000 Home Districts (Congressional Districts) in which all elections are local contests no more exciting than a shopping trip. The three senators and two house members each of have now, can go take a hike.  The Founders Congressional District is all we need.

Political Scientists, this writer has been evolving this idea for eighty-six years, or since I was age ten.   

Barnacles

The Founders system has collected many barnacles (distortions and lies).  Did they, or did they not create a tiered system of voting as they created two-year officials, four-year officials, and six-year officials, all according to the political sophistication of the voters involved?  They trusted the grassroots voter to choose a 2-year rep.  They trusted that rep to choose all the 4-year executives with whom he would be working.  They trusted only legislative bodies of reps to choose the 6-year Senators.  Or should that word “trust” be changed to “they constitutionally designated” that elections shall be done in this way?

What has happened to these concepts?  Amendment XVII, the direct election of Senators, comes to mind.  Partisans sneer at Electoral Colleges simply because the two are opposing systems.   States refuse to allow their counties and/or cities to have seats in their Senates. And the ultimate snub to the Founders is the garbage-laden five-representative system that States have imposed upon their citizens instead of the single districting system proposed by the Founders.

The Forward March of the Nationalists

The Constitution, Section 3. “The Senate of the United States shall be composed of two Senators from each State, chosen by the Legislatures thereof, for six years; ...”

A hundred-twenty-years later, the following time bomb was inserted by the nationalists, performing a coup of the entire federal government, and reducing State Governments to symbolic figure-heads of the union.

The Constitution, Amendment 17 (1913).  “The Senate of the United States shall be composed of two Senators from each State, chosen by the people thereof, for six years; ...”

The mere suggestion of such an amendment should have triggered outrage among all State Legislators, as well as other State Officials. It was a thumb-of-the-nose to the Founders and all their federalist ilk.  The nationalists had, overnight, built a wall around Washington, D.C. The nationalists had sent the States back home with their tails between their legs.  The U.S. Congress was now completely under the control of the nationalists.  The situation was a no-brainer that should have caused an immediate realignment of the two major political parties.

Twenty years later, President FDR consolidated disparate political factions into one partisan group which began looking to the national government to solve all their problems.  Since that time, the nation’s electorate has been waiting for the other shoe to drop. 

Their question: “What is the other major party going to do to counter the trend toward nationalism?”  “Who will come to the aid of those cherishing the right to vote with their feet?”  Who will carry the message that fifty states are better than a single government in D.C. for those pursuing “a life of freedom and opportunity.  Fifty laboratories of democracy competing with each other for the best talent to come live in their State, should be the ideal of a free people. Eighty years after FDR, the nation still waits for the formation of a political party that is dedicated to federalism and will go all out in the fight to limit nationalism to its proper role: the pursuit of a common foreign policy.

Boiled down to one issue, that new party should go all out for the adoption of one grid of local community districts for the entire federation.  That is the key that unlocks the secret to successful federalism. It qualifies a single set of legislators to rule the entire nation.  And it empowers the people to change them every two years if they wish.