The Observer Reporter opinion page
has recently plunged into the national debate over whether President Obama is
the victim or the aggressor when it comes to obstructionism. Among Tea Party cries for the need to: “take
back our country”, is a similar hotly contested topic: whether the President has abused his
constitutional powers on the one hand or has been hamstrung by Congress on the
other.
Now we have added more fuel for the fire,
following the Supreme Court decisions upholding the Affordable Care Act and
striking down State objections to gay marriage. Our highest court is under
attack for ignoring its constitutional role.
Conservatives are lamenting that the court has tossed aside its duties
as umpire and picked up a bat to hit home runs for leftist causes.
All of my
instincts want me to jump into this ideological free-for-all and send out my
own salvo of rhetoric. Instead, I will
take a deep breath, stand back, keep my emotions in check and take a more leveled
approach. I will start from the premise that a shallow debate
that fist pounds the constitution and screams for justice every time a decision
goes against a particular ideology or interest group, is not helpful. After
all, democracy based on pluralism is not a zero sum game. Politics by definition is the art of
compromise. The Constitution is similar
to the world’s holy books in that its words and the founders’ intent can be
interpreted to fit any number of positions.
Secondly, my
approach will assume that indeed something is rotten in the state of
Denmark and that American democracy requires the attention of those with
“eyes wide open”, conservatives and liberals alike. My analysis will not be original. Francis Fukuyama, the Stanford Professor and
leading political scientist on political order and political decay has already
done the heavy lifting. His recent two
book opus on this subject will be a lode star on the subject for decades to come. Of special interest for this discussion is
his essay adapted from book two: America
in Decay, The Sources of Political Dysfunction (foreignaffairs.com August 18,
2014.)
While Mr. Fukuyama is a conservative
by nature, I find little to argue with, when he summarizes the chronic institutional
problems facing American democracy, including the following:
·
Political
decay can afflict any type of political system, authoritarian or democratic.
·
A
combination of intellectual rigidity and the power of entrenched political
actors is now preventing our political institutions from being reformed.
·
Economic
winners seek to convert their wealth into unequal political influence.
·
While
interest groups have lost their ability to corrupt legislators through bribery,
they continue to exercise influence way out of proportion to their place in
society.
·
Congress has fallen to such low levels of
popularity because tea party republicans and liberal democrats alike believe
interest groups are exercising undue political influence.
·
American
democracy does not permit the elected executive branch to hash out conflicts in
regulatory or social policy, the norm in parliamentary style western
governments.
·
The
Federal Court system, rather than a check and balance within government has
evolved into a system that expands the regulatory and social landscape
·
In the United States, these regulatory and
social battles are fought through formal litigation, with enormous costs, inefficiencies
and confusion.
·
The
U.S. constitution protects individual liberties through a complex system of
checks and balances that were deliberately designed by the founders to
constrain the power of the state.
·
Unfortunately,
because of redundancy between Federal branches of government and between State
and Federal agencies, there is lack of accountability and different parts of
government are easily able to block one another.
·
American
democracy is stuck in a “vetocracy” where collective action is almost
impossible and nothing gets done.
·
The
decay of American politics will continue until some external shock comes along
to catalyze a true reform coalition and galvanize it into action.
While the above does not totally
capture the Fukuyama thesis, it captures the essence. There will be those who disagree with some of
his conclusions. The debate he inspires
is impossible to ignore.
The problems facing our American
constitutional republic are deep and complicated. Chastising individual actors,
including the President, for their actions or failure to act will not address
the issues and in fact will reinforce the problem. The partisan cry to “take back our country”,
when the other party is in the White House, must be replaced with a bi-partisan
resolve to repair our democratic political system for the generations to come.
As clearly chronicled by Mr. Fukuyama in his
two books, many robust societies have not survived political dysfunction. He has thrown down the gauntlet and it is up
to the clear minded and the wise, with no axe to grind, to find a solution.
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