Common Sense Revisited
Thomas Paine II, September 2020
With help from John LeGates
INTRODUCTION
Paine's 1776 pamphlet came out at a time of political instability. It provided a clear articulation of the problems, the need for change and the direction to go. The republic that ensued replaced rule by a monarch with rule by the governed.
Balance of power was the key to preventing monarchy; or in modern terms despotism, tyranny, and dictatorship. Government power was distributed among three branches with none having the authority to overpower the others. Democratic power was protected by a balanced system of votes; adjusted with the passage of time.
Both of these protections may be at risk. Democratic protection has been eroding with growing inequality of wealth and with partisan maneuvering. In government, the executive branch is threatening to overpower the others. Public trust in government, which stood near 80% in 1960, has fallen to 17% now. That fact alone looks like a setup for instability.
This essay aims, like Paine's, to describe our current problems and propose initiatives to address them. It does not address how, by whom or even if these initiatives can be carried out.
COMMON SENSE.
THE IMMEDIATE THREAT
The immediate threat is the reelection of President Donald Trump. During and because of his tenure, power has become concentrated in his hands and counterbalances have been weakened. A second term might push these trends beyond a tipping point. It could be very difficult, if not impossible, to get back. This election isn't only about liberal vs. conservative. It could be about keeping our constitutional democracy or losing it. Whatever good President Trump might do in a second term does not justify the risk of this harm.
Each of these Trump-caused events has been a direct assault on the constitutional balance. The President has:
Ignored the law as handed down by the Supreme Court.
Meddled by intimidation in congressional traditions and mandates.
Put loyalists at the head of regulatory agencies that were created by Congress and designed to be independent of the executive branch that otherwise manages them.
Charged these chiefs with neutralizing or destroying these agencies, rather than operating them.
Made appointments that require congressional approval while Congress was on recess.
Avoided press and public awareness by making these appointments on Friday evenings.
Kept these appointees in place indefinitely as "interim".
Denounced freedoms guaranteed by the Constitution, such as freedom of speech, assembly and the press.
Skipped over personnel selection processes that were designed by congress to ensure competence or independence.
Attempted to hide this skipping.
Attacked and intimidated the checks on his own power.
These other events, while perhaps not directly unconstitutional, are also an assault on governmental balance and personal protection. President Trump has:
Weakened public confidence in federal agencies by denouncing them.
Attempted to warp the voting process in his favor in several ways at once.
Started laying the groundwork to discredit the election in case he loses.
Threatened or attacked private organizations that he didn't like.
Defunded congressionally-funded programs that he didn't like.
Promoted tax policies that increase the gap between the rich and everyone else.
Appointed ideological judges deemed unqualified by the American Bar Association.
Distorted or ignored the findings of mandated regulatory reviews.
Put nepotism and ideology above expertise and science.
Accepted help from foreign governments for personal benefit.
Advocated the jailing of political foes.
Campaigned as part of "official" duties in violation of the Hatch Act.
Used foreign aid, including military aid, to promote his campaign.
Some of these abuses have been practiced by earlier presidents. But the extent and pace in the Trump administration is unprecedented.
COMMON SENSE.
THE UNDERLYING THREATS
To be fair, President Trump is the immediate cause of these problems, but he is also the product of ones that were already there. He is pushing the tree in the direction that it was already leaning. The problems are these:
Voter suppression is a venerable and disgraceful tradition in America. It has slowly gotten better over the years. President Trump has taken several initiatives to make it worse.
Gerrymandering is also an old form of voter disenfranchisement. It is now recognized by both parties as a tool for winning elections and is pursued with clinical precision at the state level. The practice is widely reviled, but hard to control.
The influence of money on government is giving the rich much greater weight than the poor. For many years the growing economy benefitted the rich and the poor alike: the rising tide lifted all boats. But now the rich are getting richer while the poor and the middle are getting poorer. Political fundraisers trade insider access for big donations.
The influence of the executive branch has been growing for years - and what President wouldn't push for that? Presidents have always had authority to suspend rights in times of crisis. But the authorities have gotten broader and the definition of crisis keeps getting wider and softer.
COMMON SENSE.
WHAT TO DO FIRST
Address the immediate problem. If you're dead in the short run, the long run doesn't hold much promise.
Stop the efforts to disenfranchise voters and discredit the election.
Vote President Trump out of office.
Vote his elected enablers out as well. They threaten the balance of powers, regardless of who sits in the oval office.
AND THEN THE LONG TEDIOUS PART
If not reelected, Donald Trump has done us an enormous favor. He has shown us how easy it is to destroy the foundations of our government and society. And he has shown us where the weaknesses can be found.
The structure of our government has worked so well for so long that its durability has become an unstated assumption. Because unstated it can breed complacency. It's time to wake up and realize that we can lose it all. Thomas Jefferson floated the idea that the Constitution be rewritten every generation. Perhaps we need a "constitutional protection convention".
We need to rebalance the powers and put in protections to keep the balance safe.
This mandate should include:
Reexamining and properly restricting the powers of the presidency, and particularly those that can be used "temporarily" "in times of crisis.
Strengthening the mechanisms for removing a President for constitutional malfeasance.
Strengthening protections to prevent the President from ignoring the law or being immune from it.
Launching a federal/state initiative against gerrymandering.
Reconsidering the "Citizens United" Supreme Court decision, which allows corporations to contribute to or advocate for political candidates.
Strengthening voter franchisement and protection.
Restoring and protecting the independence of independent agencies.
Tuning up the appointments processes. Penalizing efforts to distort them.
Protecting programs from destruction-by-executive-department-budget-cutting.
Preventing the wealthy from using money to exercise unfair political power.
Protecting the needy, such as by guaranteeing health care, building fair infrastructure, or strengthening the safety net.
TO CONCLUDE
Our Declaration of Independence listed a bill of grievances against "the present King of Great Britain". The turmoil of 1775-1788 replaced that King and those complaints with a system of, by and for the people.
A number of those grievances, however, look like what we see happening today. In response to them, the late 18th century saw the beginning of our form of governance. Unless we act, the early 21st century could see its end. We should not stand idly by and let it happen.
Damage has already been done and we must undo it.
Going forward we should, as always, push for our favorite policies. But let's also be aware of the dangers of doing it outside the law and the boundaries of decency, mutual respect and common sense.
