Congressional Reform.
Although the common term used to describe our government is democracy and one will hear the occasional village explainer correct that to republic, the accurate description of our intended government is that of a mixed constitution. It mixes elements and roles found in monarchy (the Presidency), aristocracy (the Senate) and democracy (the House of Representatives). In this we can see a government modeled and proportioned after the human body: a head, a heart and a stomach.
Likewise we can cast this division as a reflection of what the ancient philosophers knew as the tripartite soul where we find the seat of reason, the seat of the spirit (the desire for victory) and naturally in the appetitive part of the soul, desire. While this tripartite soul is a beautiful fiction it should also be noted that good government is likewise a fiction -- not false or impossible, but an artifact of that mélange of human desire, human fear and human thought. At any rate, if a fiction, a very nice fiction to make government, another fiction, reflect us. One might say that the fiction of our self regard and the fiction of our government ought to by right be parallel if the government is to be approachably human rather than leviathan or behemoth. Human liberty is not much enjoyed under the weight of those other beasts. That our government should be parallel to our own self-conception underscores the claim that the mixed constitution is the best form of government, something rehearsed in antiquity with Xenophon’s love of Sparta, and Polybius’ regard for Rome.
Before leaving the Judicial branch entirely and concentrating for a few pages on the aristocratic and democratic branches of our government (the Senate and House) let us note that our three constitutional branches of government (Executive, Legislative and Judicial) do not quite match the divisions of the tripartite soul. This is an important point for understanding why our government has failed in the ways that it has failed -- why our body politic is a disordered body. If the executive is the head, and the legislative branch combines both the heart or spirited branch (i.e., the Senate, the branch which if it were levied correctly would stand as representatives of what is best) and the stomach (the House) -- what then is the court system? What part do they represent?
Many today would have them stand in for the heart and this slogan is bandied about at every Senate hearing regarding a newly nominated Justice. There have been philosophers who recommend that the judiciary stand in for the aristocratic faction of government, and it is something long noted in history as well. But to speak more truthfully, that the courts are the heart is pure tripe. In an honest world, the courts do not and should not represent any part at all -- rather their duty is to be impartial. That they cover their bodies with robes and in older days their heads as well symbolized this role, this attempt at bodilessness. Those who would advise them to act the heart, to take a part, are more likely motivated by their own stomach -- they have some interest they want furthered and made permanent, removed from political debate.
It is necessary to point this out since the reason the courts have so readily slipped into the aristocratic role in our government has to do with the failure of the Senate in holding up its proper aristocratic responsibilities. Does anyone look upon this disheartening list of names -- Senators Dodds, Specter, Jackass, and Creep -- and see a man worthy of respect much less one who encompasses the finer aspects of human nature, magnanimity, bravery, foresight, gentleness and wisdom? No, no, a thousand times, no! And just as nature abhors a vacuum so too does political nature abhor it. Where the Senate has failed the courts have dared to go and arrogate for themselves this role as that entity worthy of the highest respect and trust and veneration and gratitude.
In craving these things the court has enacted a signal betrayal. In seeking to make itself worthy of respect it has made itself worthless, an object of mistrust and loathing. It is the sick joke of our age that these men, these men who have never shown courage on the battle field in defense of their country, never kept a farm profitably under cultivation, who have never known enterprise, whose only ancient learning is in the withered stub ends of Latin used for empty show and intimidation -- that these men should mold society as its truest artists, should have seized the power to form us! To be our gentlest angles and sternest captains. But its aggrandizement has only made the life blood of society -- law -- vile, malleable, uncertain and suspect. And society has rotted in consequence. --Is there a word more beautiful than revolution? Not many.
Government has flourished in this stench but not liberty nor happiness either for that matter. Our court system, however, has not done this alone. The drama enacted has been performed so badly because it has performed by an understudy to the rightful player. How to get the Senate to assume it proper role again, to be the Senate and not the House, the spirit and not the stomach, will be our next concern.
Truth be told, it is not surprising that the Senate should be the real locus of our government’s failures. This speaks to the difficulty of sustaining an aristocratic branch of government in what is most usually called a democracy. Our country has made two efforts at the Senate and both have failed. The first original attempt solved the problem in by-passing popular elections and opting instead for Senators to be appointed by their state legislatures. Given the rise of the political machine and the end of the Era of Good Feelings, the Senate became a cabal of party men, loyal to their own interests and to the interests of those who appointed them rather than anything more noble. The second approach to the Senate, brought about by the trust-busting need to break the party fixation led to direct elections which in the course of time has reduced the stature of Senators’ altogether. For a branch consciously named after the august Roman Senate, with its Catones, Scipiones, and Mettelli, to be peopled with Senators Hairline and Laughingstock is indication enough of its failure and fundamental need for reform.
If appointments led to patronage and elections to mediocrity, a slight reform of standards might be called for. To maintain direct elections but screen candidates through a set of criteria associated with that worthiness required in the Senate. The Senate after all is not to represent us but to represent something about us. Their actual role in government is to provide the bulwark against foolishness, to advise the President and to dilate upon hasty measures from the House. Its present stock of flesh pressers may say something about somebody but with 300 million people it is to be hoped that we can find 100 individuals better suited to be the best.
In antiquity is was said that the aristocracy, the spirited component of society, stood for the spirit of victory. This is the basic pride in one’s surroundings and identity that most have so long as it hasn’t been bleached out unnaturally through a debased kind of education. In the truly spirited, this pride is present nearly to the degree of self-identity with one’s country. Less noted is the usual association of the aristocracy with agrarianism and given the manifold injustices brought about through this coupling it is paramount to carefully delineate what is the valid essence of this pairing -- namely, correlate to the aristocracy’s devotion to the defence of the realm, it should also be concerned with the propagation of the means of sustenance. If we can step back and noting at the same time the role of the aristocratic spirit in military defence, agriculture and intellectual culture we might define its essence as standing for the ennoblement of the nation’s survival. It is not concerned with basic survival but with greatness, not subsistence but plenty, not the rudiments of knowledge but also grace and refinement. This is what we are capable of producing. Even in a democracy.
The first standard is age: the Senate (from senex, “old man”), like the Gerousia (from the Greek geron, “old man”) of Sparta refers to the age of the member -- a Senate should be comprised of old men. Let 50 be the minimum age to be enrolled in the Senate.
The following list will be difficult to enforce except through the desire of the people to find a better class of Senator, but consider the following an ideal standard. Let every Senator have kept 500 acres of land profitably under cultivation for 10 years prior to becoming a Senator. There is no substitute for hard work and enterprise.
Let him have served in the armed forces in the rank of commander. Foot soldiers have our just regard and love but there is a virtue of risking one’s life for country and the virtue of knowing how to risk the lives of others for country. The latter virtue is seen as suspect in a democracy, nonetheless it is a critical virtue, the absence of which can doom a country in equal measure with the absence of fighting men. The Senate must become its proper role of advisor to the President and we must have militarily accomplished men to do this -- the failures and near catastrophe in Iraq are a testament to this need as nearly every Senator disgraced himself.
In fact, what if Colin Powell had taken his rightful place in the Senate after the first Iraq War instead of various roles on company boards or the joke position of Secretary of State? Perhaps what he claims to have known about the validity of the claims made in the ramp up to the Second Iraq war would have been aired instead of suppressed. Here let it be noted that Senators are marked by frankness, not craven kowtowing to power. This is a basic attribute that few in the Senate demonstrate with their mealy-mouthed equivocations and sound-bites. Perhaps Powell in his deepest soul is only capable of this kind of speech, but if his supporters are correct about him, if he is courageous in mind and word, he would have been a worthwhile Senator. At this late date of course, he is a failed public man.
Knowledge of government is a valuable asset -- let those who have run departments for the federal government and been governor of their home state be considered for the Senate.
Those who have had a successful academic career in scholarship, in the arts, in business are worthy candidates after their fiftieth birthday. The Senate should have its grace notes as well.
On the principle of you get what you pay for, let each Senator draw a salary of 10 million dollars a year. Let each citizen look carefully and with a green eye as to whether this or that jackass serving now in the Senate is worth such a sum, and if not, wouldn’t it be worth it if their Senator were of the sort to merit a senatorial salary?
Partly this money will be realized through the complete ban on senatorial input into the budget -- they may either approve of what the House allocates or vote it down. They may individually make no remark to a congressmen to increase spending in one area or other in exchange for support and may encourage no project. That is not the role of the Senate, that is the role of the House and since we are not cows neither we do require a government with multiple stomachs.*
Let no sitting Senator run for President. Their role in the Senate is to advise the President. The disgrace during the Iraq crisis where nearly each Senator was more concerned with his political future, with ensuring a debased and supine White House to run against, should never be repeated with troops at war or at any other time. It is a simple conflict of interest to be both an advisor and a rival to the President. A Senator must remove himself from the Senate two years prior to any presidential run in the interests of basic honesty.
Let each Senator have one secretary as the whole of his staff. A Senator should require no legislative aid. If he doesn’t know what he is doing, he doesn’t belong there. Legislative aids are there to help expand bills out of any human proportion such that 1000’s of pages in laws are passed and only dozens actual read beforehand by those with the power to legislate. It is for the Congressman to represent the people of the home district and respond to their immediate concerns not the Senator. The Senate is a deliberative body to guide the nation. The resources to extend their power in any other direction shall not be granted.
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* While observing the recent workings and spendings of Congress, a distraught citizen said with some heat, “they pick their asses, sniff each others’ fingers and call it legislating!” We could probably do without such dealing and still become a great country.