Tuesday, March 26, 2013

[Cons] Article 1, Section 4 - Foxes and the HenHouse

"The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Place of Chusing Senators."

So our holy holy holy constitution is supposed to be so awesome because it allows for a system of checks and balances, right?  So...how example is CONGRESS setting the law for elections and states for itself a check? I mean, think on this....if Congress passed a law that said, "and behold every election shall be held for one second in my house" how would that fly? Now, a law that did this is in theory reviewable by the courts and the executive, but the constitution doesn't actually give law interpretation to the court, just the implication, and if you had 2/3rds of the Reagan Reality in charge and they wanted to ensure that Democrats could never get control of the legislature again, why wouldn't they do this?

Also, the argument that someone would not do this is ludicrous.  Look at Reagan Party members who are seeking to rig the presidential election by splitting states with gerrymandered districts? As if people in Red States were more entitlted to federal voting power than the majority.

And if we must choose a minority to rule us, why would we want it to be red states?  People in red states think NOTHING is an acceptable medical alternative to help the poor.  I'm sorry 'emergency rooms'....because that's a great health care system.  This is the kind of country these people want.

Replacements:

1) Let the Executive Decide: The President sets the election by fiat. 

Strengths: Like any system, it works great.  So did the trains under Mousilini.

Weaknesses: The President gains tremendous power over the legislative branch.  He can make it effectively non existent, and even in other cases, he can leave a legislature he likes in power for nigh forever or tilt it in favor of his party.

2) Let the Judicial Decide: The judiciary either appoints someone, or simply makes rulings.

Strengths: In a flexible system the judiciary could be anything but by and large in a non dictatorship or Reagan Reality society, the judiciary tends to be the most fair of the three branches.  Fair means elections get set up to work for the people, rather than private interests.

Weaknesses: Less than letting the legislature or executive decide this.  However, in an electronic democracy, this would simply be another opportunity for corruption.  So in an old school Constitutional Republic, the judiciary is the best overseer for this, but it would be a nightmare for more advanced societies.

3) Independent - A totally independent branch of government does just elections with appointments done much like the federal reserve.

Strengths: Stability in the system.  It will be VERY stable.  While it works it will work VERY well with all of the strengths of both the Judicial and Executive options. 
Weaknesses: However, when it turns rancid it will be VERY rancid...a Bush or Palin style appointee in this system could reak much havok.

4) Verdict - I think the Judicial branch is the best place to put this most important of constitutional safegaurds.  Then in order of preference it is Independent, Executive and finally legislative. The only thing that would be better than all of this would be a legislative with a 10 year timelock to change things.

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