Constant's pations

If it's more than 30 minutes old, it's not news. It's a blog.

Sunday, July 30, 2006

Bicameralism: Does the United States Need Tricameralism?


More thoughts on the House efforts. It's a problem when the House passes rules which celebrate duplicating the problems of the British Parliament: No debate.

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Thomas Paine provides insight into the problem of the British Parliament, which the United States sought to address with the current Constitution. By failing to debate an issue, the US essentially is duplicating one of the many fundamental problems behind the American Revolution: A rubber stamping legislature.

Paine writes [Emphasis added]:
Were a Bill to be brought into any of the American legislatures similar to that which was passed into an act by the English parliament, at the commencement of George the First, to extend the duration of the assemblies to a longer period than they now sit, the check is in the constitution, which in effect says, Thus far shalt thou go and no further.

But in order to remove the objection against a single house (that of acting with too quick an impulse), and at the same time to avoid the inconsistencies, in some cases absurdities, arising from two houses, the following method has been proposed as an improvement upon both.

First, To have but one representation.

Secondly, To divide that representation, by lot, into two or three parts.

Thirdly, That every proposed bill shall be first debated in those parts by succession, that they may become the hearers of each other, but without taking any vote. After which the whole representation to assemble for a general debate and determination by vote. Paine: The Rights of Man

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The Federalist Papers in 33, and 49-51 discussed the legislature, problems with committees and the benefits of the bicameral system. In 2006, the House action to expedite passage of bills, without sufficient debate, can be checked by the Senate.

The issue is whether the Senate will do the same: Similarly pass, as it did with the Patriot Act, something that is "needed," but neither proper nor necessary: Legislation without sufficient debate; Without debate and Congressional records, where will the legislative histories be for judicial review, other than the scant notes from the private rooms?

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Federalist 33, raising a curious point about the Congressional assent to Executive Tyranny: Are the Members of Congress not aware that by assenting to signing statements, the Congress is stripped of the means it has to assert power?

What are the means to execute a LEGISLATIVE power but LAWS? Fed 33

The issue is simply: What has it gotten into the minds of the Legislature to believe that non-assertion of legislative power is a good thing for Congress? Clearly, the Members of Congress are not simply delusional, but would rather continue their current position as an administrative district within the Executive Branch. On that count alone they show they are not statesmen, but poodles; unfit for leadership, perhaps fit to be thrown to the wolves at a dog show.

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The ideas of bicameralism is to slow the speedy rubber stamping legislature, and make it difficult to quickly assent to passion. yet, the American fools have used passion as the pretext to do just that: Assent to barbarism, incivility, abuse, and other high crimes.

Who is to judge of the necessity and propriety of the laws to be passed for executing the powers of the Union? Fed 33

This relates to the Article 1 Section 8: That the laws, necessary and proper be passed to carry out the powers. This is the core problem with the FISA-related "efforts to not enforce FISA" which Specter and his RNC goons like Hatch are drooling over: The FISA act exists; yet the RNC goons want to pretend it is imaginary; then point your eyes to something that might "induce the Americans to not be upset."

yet, this will simply embolden them to be more arrogant, as Americans only know to be. When dealing with Americans know that they are deceitful. Should you stand up to assert your rights, they use that as a pretext to abuse; but if you cooperate, they use your cooperation as an excuse to abuse your trust.

You see the common problem, to which the world knows: Regardless how you interact with Americans, they are abusive at their core.

Consider their arrogance when they ask for inputs, ideas, or suggestions. They are lying. They do not want to hear the truth: That they are incompetent; or that they lack ideas. Rather, they will use your good faith effort to provide web links to supporting material; make contributions to offer ideas and other views; and genuinely contribute as "evidence" that you are what they only know: Self-serving, disingenuous, and arrogant.

Americans wonder why they are held with contempt throughout the globe: It is because you are lazy, incompetent, and deceitful. Look at your ideas in the Constitution: IF only you were to put them into practice. But, as all Americans know well: What is on paper is, as Hitler says, "Just a piece of paper."

Hamas and Hezbollah are inspired, and inspire those who stand up to Americans not because of what they promise, but because of what they deliver: Hope, pride, and a sense that someone will assert power to rebuke that which is contemptuous: The abuse of power, to which the Americans pretend is a thing of the past from Hitler, but ever close to the bosom of Cheney and Addington.

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Federalist 49, 50, and 51 build on the ideas of Paine and the lessons of the abuses in Parliament and other countries.

In republican government, the legislative authority necessarily predominates. The remedy for this inconveniency is to divide the legislature into different branches; and to render them, by different modes of election and different principles of action, as little connected with each other as the nature of their common functions and their common dependence on the society will admitFed 51

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What's changed since the Founding Fathers' days is the flip from Legislative control to Executive. Back then, the legislative staff was much larger that the Executive.

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Notice this:
Every page of their proceedings witnesses the effect of all these circumstances on the temper of their deliberations. Fed 50

When Congress rubber stamps legislation, we have no proceedings, nor deliberations.

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It is improper when a Congress celebrates the killing of civilians, refuses to end needless bloodshed, and stands silently as women and children are slaughtered.

To call for peace, but then out of the other side of the mouth scream with delight while others to commit war crimes is more than disingenuous; it is evidence of uncivilized barbarity. It is not merely the society which produces such thinking which is depraved, but it is the system, which permits this barbarity, that must be called into question.

The world does not look at the United States and Americans as evil and worthy of destruction because of freedom and values; rather, it is the threat that Americans pose to the freedom and values of other people and sovereigns.

Americans rest on the glory of WWII, yet have yet to point to a noble cause since then other than a skirmish in Grenada and the time they bravely ran away from Lebanon. What inspires Americans? It is the arrogant idea that they can do anything, without regard to the means to do it, or the legacy which shows they are incompetent.

Americans refuse to listen. They know all. They are actually sewing the seeds of their destruction.

It is naive for Americans to believe nobody notices. The world can see: Your treachery, deception, abuse, malfeasance, incompetence, and unwillingness to take responsibility for what is wrong and could be corrected.

What Americans do to others, others feel emboldened to reciprocate.

You bring this on yourselves. It can last many years. You are outnumbered. You cannot be in all places at once, especially when you show you cannot be where you are most needed: At home.

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Americans take criticism as a sign that they are on the right path, inspiring their crusade along the wrong path.

This could be easily addressed if only the Congress were willing to face itself in the mirror, and discuss in public what it hopes to quickly pass without debate: Evidence that things are not quite right, but going terribly wrong.

There are solutions. A bad enemy will provide not substantive solutions, but let you enjoy the disaster you create.

Enjoy the midnight crickets.

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A tricameral system might be an alternative to the 4th Branch; the third division of Congress would have the exclusive power to conduct investigations, and would always be controlled by the minority party.

When the majority's platform is at risk, they might be willing to share the truth, rather than incite the public to make adverse inferences about what is hidden: War crimes. Unless you cooperate with the rule of law, you can be compelled to lose, not just at home, but in Beirut.

It is one thing to abuse power; quite another to demonstrate to the world that you are not all powerful, but overreact, yet still cannot achieve your goals. This merely inspires the world to mock you, and then return to strike another blow where you are most vulnerable.

You need only look in the mirror to find your problem. Your enemy will remind you of the truth on the battlefield, your preferred forum to resolve disputes.

When there is no debate, you communicate you prefer another forum: The Battlefield.

Are you sure you are competent with your choices?

Eternity has no deadline. Those betrayed have vivid memories and passion to prevail, conquer, and destroy through peaceful, lawful means. They have found a way to do what you wanted them to do: Stand up, assert their rights, and enjoy the fruits of freedom and democracy.

Your problem is that you have disagreed with their free choice, decimating the land you sewed democracy's seeds. In truth, this land was where the seeds of democracy were first sewn, and it was passion that inspired you to choose an alternative. Your problem is that you are not happy when others choose another way: Something other than America, and something without Americans.

You cannot compel free people to work with or cooperate with those who refuse to work for peaceful solutions, and refuse to cooperate.

You wished this.