Saturday, September 29, 2012

Big Project Up For Adoption


The time has come for the election campaigns which are out in force, each trying to get its candidate elected, to talk to the people as honestly as can be done. That is, the people must be told that America will not solve its most pressing problems such as the economy, for example – or any of the other well entrenched problems – by continuing to play politics the way that the game has been played up to now. Something needs to change, something that would be as fundamental as the Constitution of the United States.

Yes, the Constitution is considered to be a hallowed document but it also sets the rules for how the political game is played. And yes, the Constitution is held in high esteem by the American people, which is perfectly understandable, but someone must now promise that if elected President or reelected to the post, he will start a big project to save the nation. This will be the start of an effort to have the Constitution modernized because to preserve a nation that has become sclerotic is more important than to preserve the aura of a Constitution which no longer serves the purpose it was framed to serve.

There is no denying that the American Constitution has served the country well for two centuries, and no denying that the politics which resulted from that document will for ever represent the best in political governance – as it has endlessly been debated and aptly demonstrated by the ideologues of the time, people who unfortunately now stand as advocates of a bygone era. Times have changed, and a new philosophy of governance must replace the old to allow the country to keep up with the times, and allow it to deal with new challenges that the original framers of the Constitution could not have foreseen at the time that they lived and the circumstances in which they found themselves long ago.

In brief, the time has come for America to say goodbye to the ideas of the individuals in its midst who refuse to let go of that which is broken, that which proves to be unworkable every day of the week that the government is supposed to be working and producing efficiently but remains gridlocked as if it were frozen in time. It is now imperative for America to walk through the gates of modernity, and prove that the exceptionalism it attributes to itself does not consist solely of attracting people from abroad who may come with new ideas, but that the American system of government is open to ideas which are generated locally in response to needs that are produced by local conditions.

What makes the American Constitution obsolete, and what renders it even more so as time passes is that it was formulated to serve a newly liberated republic whose people still dreaded the kind of rule they endured under the old colonial masters. Suffering from a bunker mentality and fearing the return of tyranny, the framers of the Constitution cobbled together a set of ideas that balanced the powers of the various branches of government so well; they weakened those branches enough to forbid the rise of a tyrant at the helm of the ship of state.

The result was that the approach did solve the problem it was meant to solve, and no tyrant rose to govern America. But unfortunately for future generations, the approach also paralyzed the government, a development that was not considered a threat to the nation at the time that the framers were alive because the world was then a different place from what it is today.

In fact, from the agrarian society it was then, America has evolved to become an industrial state, getting there in the same way that things have evolved in many other parts of the world. From being sparsely populated, America has become a much denser society with most of the population now living in big cities. Flanked by two oceans, the nation that lived at a safe distance from the rest world, is safe no more from the threats that may come from abroad in an age of supersonic travel, of instant communication and of means to access large gatherings of people.

This is a threat that would not have fazed a sleeping giant in the past but could now hurt a giant that may be wide awake but is not attentive enough to protect itself. Indeed, this is what happened on 9/11 in the year 2001, which is the reason why similar threats are now being dealt with diligently, and why they are guarded against with utmost attentiveness. But a giant can still be foolish enough to have its hands tied behind its back with a constitution that is obsolete and getting more so with each passing day. Sadly, this is where America stands at this juncture, where the ideologues of an earlier era wish to keep it.

In fact, the challenges which are facing America today, and will continue to face it in the future will not be of the sort that manifest themselves in the form of invading armies streaming from abroad to land on the beaches of the nation. And they will not be challenges that manifest themselves in the form of elected leaders harboring the secret ambition of someday setting up a dictatorial administration through which they plan to rule with the iron fist of a tyrant. No, these days are gone forever never to return, thus the Constitution that was meant to guard against them is obsolete and needs to be updated to be relevant in the face of the new challenges which are cropping up all over the places.

Let it be understood that the challenges will now come in the form of a foreign competition that is economic in nature more than anything else. To deal with them effectively will require a federal government that is not paralyzed but one that is able to formulate a quick response and keep up with the immediate demands of every fast moving challenge. More than that, the government that America needs at this time is one that is flexible and can modulate its responses nimbly. It will have the ability to shift its responses at a moment's notice to stay abreast of the changing circumstances if not be ahead of them.

To that end, the courageous candidate in the current presidential campaign should promise the electorate that if elected or reelected, he will propose and fight for a set of amendments to the Constitution that will maintain the system of checks and balances now in existence. But the amendments will also allow for the timely execution of the nation's affairs if and when the political process becomes so paralyzed as to bring the business of the nation to a standstill and keep it there, which – sad to say – is what takes place too often these days.

For example, if it happens that the Congress cannot pass an important piece of legislation for say, six months, the idea is to have an amendment in the Constitution that will give the power to act on this one matter to a troika made of the President and the leaders of the two Houses of Congress. Where two members of the troika agree on a course of action, it shall be so ordained, and will be executed as if Congress had made the decision.

However, to preserve and safeguard the principles of checks and balances, such decision will only unfreeze the current situation and help it move forward but will not become a law onto itself. It will not be allowed to apply somewhere else or serve as precedent to guide future actions or precipitate the enactment of new laws or cause the adoption of new regulations that can become permanent.

Of course, an amendment such as this will need to be debated in public where other ideas will most certainly be introduced. For example, there may be a call to give a role to the Chief Justice who would intervene or refuse to do so when the three members of the troika are of the same political Party, and there is widespread misgiving in the Congress or among the public that the decision of the troika could damage the nation. As to what role the Chief Justice will play is a matter that is open for debate.

Now that the threat posed by the near meltdown of the financial system of 2008-2009 seems to have passed with no more dangerous side effects looming on the horizon, the dysfunction of the system of governance stands as the next major trouble to threaten America and a number of other nations.

Given that this is a subject that will have to be dealt with sooner or later, it will be a good idea for the candidates to the American presidency to tackle it now and thus launch the public debate about it.