Federalist No. 68

Due to the number of people in recent years who have called for the abolition of the electoral college I was very interested in what Hamilton would say on the subject in Federalist No. 68. Imagine my surprise then when that paper opened with this:

THE mode of appointment of the Chief Magistrate of the United States is almost the only part of the system, of any consequence, which has escaped without severe censure, or which has received the slightest mark of approbation from its opponents. The most plausible of these, who has appeared in print, has even deigned to admit that the election of the President is pretty well guarded.

Even the opponents of the Constitution in 1788 felt that the electoral college system was praiseworthy. Of course, the electoral college today does not operate as the founders envisioned it back then. They planned a system where the people would choose members of the college to represent them in selecting the best person to become our president (and vice-president). Today the average citizen does not know the name of a single member representing them in the electoral college – we vote for a President and electors who have pledged to vote for the people’s choice (usually on a winner-take-all basis within each state) are assigned to officially cast the votes in the electoral college. no longer do the members of the electoral college deliberate on which presidential candidate will be the best for the nation – they simply vote blindly for the choice of the people if the people choose the same person they have pledged to vote for. In other words, we have already gutted the electoral college system and turned that element of our republic into a democracy while maintaining the weighted balancing between states that the founders sought.

Here is a description of what we have gutted from the process:

The choice of SEVERAL, to form an intermediate body of electors, will be much less apt to convulse the community with any extraordinary or violent movements, than the choice of ONE who was himself to be the final object of the public wishes. And as the electors, chosen in each State, are to assemble and vote in the State in which they are chosen, this detached and divided situation will expose them much less to heats and ferments, which might be communicated from them to the people, than if they were all to be convened at one time, in one place.

Perhaps instead of calling for the abolition of the electoral college we should be calling for the reinstatement of the electoral college.

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Federalist No. 67

In Federalist No. 67 Hamilton is clearly upset at those who oppose the proposed Constitution because of their outrageous misrepresentation of the content of the Constitution in relation to the office of President. As I read the example of misrepresentation that he recounted I recognized the same spirit of selective fact presentation that is altogether too common among activists of all stripes in our nation today. In some ways we really have not changed that much in the last two centuries.

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Federal-Sighted

Most people have probably heard of the two basic classes of vision problems, far-sightedness and near-sightedness. For those who are not clear on the differences, far-sightedness is characterized by the eye being able to focus on objects at a distance while objects up close are blurry. Conversely, near-sightedness is characterized by the eye being able to focus on objects in close proximity while objects further away are unclear.

I have come to the conclusion that as a society we generally suffer from a political far-sightedness that I call federal-sightedness – that is, we focus on issues at a federal or national level while allowing local and state issues to become excessively fuzzy. Just as with personal vision problems that develop slowly and without our notice, our first reaction is to compensate in subtle ways. We step back from near issues and view them from a federal perspective. Rather than tackling problems close up we attempt to fix them from an arms-length away.

The problems associated with this perspective were illustrated to me from a recent comment stating that, “By definition you can’t have individual liberty while at the same enforcing your preferred level of societal morality.” This statement assumes a situation where there is a single layer to government and social order.

The comments were following a golf course analogy at the time  so lets follow through with that imagery to show what I mean. If the governing body of golf were the only source of rules the statement would be true. The reality of the situation is that the governing authority should be promoting individual liberty by only mandating a minimal set of rules defining what makes an acceptable golf course. This would include basic rules regarding how the game of golf is played. It would include rules such as mandating that an official golf course must have 18 holes, that each hole must have a par rating between 3 and 5, that the entire course must have a par total between 69 and 73, and the rules for determining the par rating for a hole. On the other hand, the governing body should avoid making rules such as requiring that the third hole on each course must be a par-5 hole.

While the governing body lays out the general rules of golf the owners and operators of each golf course can determine the design of their own course, their hours of operation, their standards for membership etc. We need not conclude that the governing body is shirking its responsibility to promote individual liberty simply because some golf courses (or even a majority) have closed membership policies.

The antidote for federal-sightedness is local activism. Local activism helps us to focus on those things which are within our locus of control thus making for a much more functional society. This was brought to my attention with the news today of a group that stopped waiting for federal funds before fixing a bridge that had been destroyed in a flood. Although they had as much claim on federal disaster relief funds as New Orleans after Katrina or Minneapolis after the collapse of the I-35 bridge they changed their focus from waiting for help to making a difference with what they had. The end result, their bridge is fixed sooner and without costing $4 million.

I have seen much evidence of federal-sightedness among those who are politically active online – in fact I have suffered from this malady myself. Thankfully I am coming to my senses and trying to be more involved in finding solutions that are closer to home. It is a move that was recently demonstrated by Rob Miller as he decided to shift his political activity from the state party level to the county party level. Obviously we need people involved at all levels but I am left wondering how many of our federal problems would evaporate or whither away to manageable levels if we were more busy as a society focusing on the issues directly around us and spending less time waiting for help from a larger society.

Our propensity for federal-sightedness has been assisted by newspapers focusing on larger and larger issues at the expense of focusing locally. The newspapers are suffering from that ill-considered shift and so is society. Hopefully if we shift our focus back closer to home we will experience a social renaissance in which our problems become manageable – just as I noted that newspapers with a local focus are surviving better than national papers.

There is an opposite to federal-sightedness which is local-sightedness. This condition ignores the larger society and holds dangers of its own. Thankfully it is a much more rare condition today than federal-sightedness.

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An Unlikely Headline

Public awaits First Dog news with bated breath declares the Houston Chronicle. I’m thinking that’s not accurate. At best its a gross exaggeration. The truth is that every day is a slow news day so there are reporters awaiting news of the First Dog with bated breath.

Maybe they should be reminded that if they are waiting for news like that with bated breath they no longer belong to the public.

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Federalist No. 66

Federalist No. 66 has me seeking opinions on a few questions. Specifically it got me asking which of the four elements of our federal government (the Executive, the Judicial, the Senate, and the House) is the most powerful? Which Should be the most powerful? The founders clearly had some idea about which they thought should be the most powerful:

that the most POPULAR branch of every government, partaking of the republican genius, by being generally the favorite of the people, will be as generally a full match, if not an overmatch, for every other member of the Government. (emphasis original)

Their expectation was for the House to exert the most influence, but to be sufficiently checked to prevent it from becoming a law unto itself.

The wording of the above quote also got me thinking about two other questions. In this day of low approval ratings (not as low now as they were six months ago), which of the four is the most popular? Is that most popular one the most powerful?

I suspect that the most popular of them is the Executive branch now – last year it might well have been the Judicial branch. I am fairly confident that one of those two branches is generally the most powerful, although I’m not sure that it is always the same one of those who that holds the upper hand.

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Federalist Nos. 64 – 65

In discussing the powers of the senate related to the making of treaties John Jay outlines a truth that undercuts one of the major arguments against term limits. In Federalist No. 64 he states:

providing for the frequent elections of senators in such a way as to obviate the inconvenience of periodically transferring those great affairs entirely to new men; for by leaving a considerable residue of the old ones in place, uniformity and order, as well as a constant succession of official information will be preserved.

The argument that term limits would place institutional knowledge quarely in the hands of lobbyists is a strong one until we consider that the very form of senate elections was to preserve institutional knowledge across elections. Even if we were to go to the extreme of enforcing a single term limit on every elected member of the federal government each state would always have at least one member of their congressional delegation that had at least two years worth of experience in Washington. Overall, each new election would leave at least 66 out of 536 elected officials returning to Washington to pass on their institutional experience. Considering how poorly 90 – 95% transfer of institutional experience has served this country recently I don’t see that we could be much worse off by having a 13% transfer of institutional experience.

I cannot imagine suggesting such an extreme term limit policy, and I don’t pretend that this answers all the critiques of the idea of term limits, but I will never give any weight to the argument that essential institutional experience would be left to unelected bureaucrats and lobbyists in the future.

In Federalist No. 65 Hamilton discusses the responsibility of the Senate to try cases of impeachment. Despite, or possibly because of, the cases and threats of impeachment within my own lifetime which have been driven more by political considerations than by rational thought my respect is fixed for the method of impeachment and trials of impeachment designed by our founders and unaltered over two centuries.

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A Currency All My Own

I really enjoyed Scott’s introduction to different currency types.  It’s a great introduction to the differences between fiat currency, commodity currency, and representative currency. Coincidentally we have implemented a new representative currency in our household in an effort to teach our children about money and work. Personally I think that the commodity backing our currency is the safest commodity around except for it’s non-transferable nature and often short shelf-life. Our currency is backed by goodwill – although there is an exchange rate from U.S. dollars.

As for real world crisis scenarios, my personal philosophy is to do my best to maximize my production ability, build up my stores, minimize my vulnerability, and do what I can to maximize social stability by building up a strong and prepared community around me.

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What Should We Do About It?

Recently someone shared The Obama Deception with me (and others) asking for feedback. Normally I would not take two hours to watch such a video because these efforts rarely shed any real light on their subjects. Mostly, they just generate heat through friction. I decided that in the interest of giving an honest response and out of respect for the person who shared it I would take the time. I’m glad that I did so that I could know what I was responding to, and so that I could share the best 8 seconds of the video which come from nearly the end of the two hours.

My reaction to the whole video is to admit that there is an element of truth in it – as there usually is to reports of conspiracy theories. Also common among such reports is the fact that the reality is generally less sinister than the report would have you believe. It’s always helpful to refer back to Hanlon’s Razor:

Never ascribe to malice, that which can be explained by incompetence. (or similar variations)

I don’t mean to suggest that everyone in our government is incompetent – only that the assumption of malice in everything they do does nothing to help us act appropriately as we learn of poor or misguided actions.

My thought as I viewed the video was to ask myself, "what actions would they have people take?" Similarly, my thought whenever I am acquiring new information is to ask myself "what should I do about it?" The reason that I liked those 8 seconds of video is that they addressed that question. (After two hours I was surprised that they did address my question.)

My experience in asking that question has been that no matter how varied the problems in government, the answer to that question is generally some variation on the same theme. Study the Constitution and promote a culture of individual liberty in our own actions and within our government. In order to do that we have to understand what a culture of individual liberty is. For one thing, it means that we have to let go of the assumption that the government can or should solve many of our social problems. The role of government is not to make sure that the playing field is level – it is to ensure that nobody cheats.

Government cannot ensure a level playing field because each individual is different and not equal. No matter how much I might try to imagine otherwise the fact is that I can’t compete with Alex Rodriguez in baseball, LeBron James in basketball, or Tiger Woods in golf. The government is only there to enforce the rules of fairness. No matter how sophisticated a handicapping system they devise I will never be able to beat Tiger at a fair golf game. The rules are not to make sure that I score somewhere close to my competitor, they are to make sure that Tiger does not choose to take a mulligan or sign an inaccurate scorecard and that I don’t do those things either. On the other hand, the rules do not prevent Tiger from spotting me a shot or two (per hole) in the interest of keeping the game interesting.

In case anyone is wondering, individual liberty does not mean that the course owners can’t enforce a dress code despite the fact that my breaking the dress code does not give me any advantage in the game. In other words, the argument that "I’m not hurting anyone but myself" is not sufficient reason to strike down a law (contrary to what many libertarians might argue). It is acceptable for us to codify into law the values that we want to promote within our society.

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Internal Dissent/Debate

I can’t decide whether it was beyond the scope of what Cameron wanted to write or whether he thinks that the discussion and dissent among the Democratic base really are less prevalent among Republicans. Regardless of which of those options is more accurate, as I read his post I was struck with how I see the exact same kinds of dissent among rank-and-file Republicans that he was describing among Democrats. I see it at the local and national levels and I have seen it in various forms for years.

While I don’t think that I could specify the line between healthy debate and destructive agitation I am confident that a lack of debate is anything but healthy in all or nearly all circumstances. I hope that over time the Republican party coalesces around those positions that I think are the most conducive to good government and good society, but I do not hope that the debate should ever die. I think that when people silence their honest differenced of opinion they open the door for destructive dictatorial types to have undue influence within the political process within the party and within the actual government.

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New Government Website

In keeping with his propensity to launch new .gov websites (e.g. change.gov, recovery.gov, sigtarp.gov) President Obama has launched a new website where he can share some ideas that he knows won’t pass any Congress (Democrat or Republican) no matter how sound those ideas might be. It’s called  AprilFools.gov. He includes ideas that are possible but not very likely, such as nominating cabinet picks without tax problems but the really depressing list is found among the ideas listed under “Impossible” –

  • The Senate refusing to confirm cabinet nominees because of tax (or similar) problems. (Note that those nominees who were not confirmed all withdrew before a vote was ever taken.)
  • Balancing the budget for one month.
  • Ending government waste.
  • Lowering real taxes on the middle class. (He’s proposed it, but he seems to know and accept that it won’t survive the Congerssional budgeting process.)
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