Changing Congress

To get into the subject of this, my first blog post – changing Congress -- let me run through a few assumptions without stopping here to explain them or defend them.  As expounded in Federalist Article #39, written by James Madison in 1788 as he argued for the adoption of the Constitution, the United States of America is a “government which derives all of its powers directly or indirectly from the great body of the people,” making it (by design) a democracy, and is “administered by persons holding their offices during pleasure, for a limited period, or during good behavior,” making it (by design) a democratic republic.  Members of Congress and the President are administrators elected by the people for a limited period.

But Madison also recognized in Federalist #10 that “men of factious tempers, of local prejudices, or of sinister designs, may, by intrigue, by corruption, or by other means, first obtain the suffrages, and then betray the interests, of the people.”  In 2007 Martin Gilens of Princeton concluded from an extensive study that “whether or not elected officials and other decision makers ‘care’ about middle-class Americans, influence over actual policy outcomes appears to be reserved overwhelmingly for those at the top of the income distribution.”  If government of, by and for the great body of the people is (by definition) a democracy, government of, by and for those at the top of the income distribution is a plutocracy.

The US today is a plutocratic republic.  Members of Congress are addicted to nonstop campaign fundraising, and almost all of the funds are raised from those at the top of the income distribution.  As Ken Silverstein pointed out several years ago in Harper’s, “the most lavish benefit of winning a congressional campaign is, ironically enough, the right to keep on campaigning – and therefore to keep raising and spending donor money.”  Although Congress is not the sole cause of our drift from democracy to plutocracy, I agree with Lawrence Lessig and Joe Trippi that we should strike at the root of the problem and fix Congress first.

Fixing Congress means electing members who have “an immediate dependence on, and an intimate sympathy with, the [great body of the] people” (Madison again) rather than just those at the top of the income distribution.  The hard way to get there is to persuade incumbent members of Congress to cure themselves of their addiction.  Lessig believes that we have to go for a Constitutional amendment, which has to be initiated by a two-thirds vote of both the House and the Senate or by the approval of two-thirds of the States for a Constitutional convention.  Approval of an amendment in either case requires the approval of three-fourths of the States.  Tough sledding, especially for a Constitutional convention, which has never been tried.

I like a third approach – putting up candidates who are committed never to accept donations over a certain amount, like 100 dollars per contributor per year.  This is the scheme proposed by the Fair Elections Now Act, a bill now before Congress to provide public financing for Congressional campaigns.  Getting Congress to pass the bill is also tough sledding, although (perhaps) not as tough as a Constitutional amendment.  A nice feature of FENA is forbidding candidates who sign on to it from using any money in the campaign – including personal or family wealth – that is not raised by personal contributions of 100 dollars or less or by matching contributions under the Act.

Imagining a Congress controlled by members beyond the reach of the plutocrats makes sugar plum fairies dance in my head.  But what really energizes them (the fairies) is another thought: what if the 99 percenters became regular voters?  What if they came to believe that the surest route to economic freedom is through exercising the political freedom that they already have to vote for candidates who don’t accept large donations?

As  I indicated in my (also first) tweet today, if only 99 percenters became regular voters in elections and primaries.  They could change Congress, 50 States & the World.