Wednesday, January 26, 2011

The State of Our Union

Last night, President Obama did his Constitutional duties from "time to time" of giving Congress, "Information on the State of the Union, and recommend to their consideration such measures as he shall judge necessary and expedient." The scenario is as such: usually Democrats and Republicans are seated on opposites sides of the house, one party will clap and the other will sit when they agree with the President, and the dichotomies between the two parties are so blatantly obvious that it appears a miracle that any legislation is ever passed. However, yesterday was different. The parties mingled in what was referred to as "date night" for Congress (Dems. and Rep. sitting next to each other as opposed to across the aisle). Democrats and Republicans talked and there was an eagerness in the air to hear what the President had to say.
President Obama was staunch, but imperative in tone and broke his speech into four topical areas about how to improve our nation: 1) Encouraging American innovation, 2) Education, 3) Idea of Rebuilding America, and 4) Eliminating the National Deficit.
Obama declared that the creativity and imagination of the American people needed to be sparked and that government needed to invest in a new age of research and development within the fields of biomedicine, clean energy technology, and information technology. He declared that this is "our generation's Sputnik moment." A moment where advancements in research and development need to reach a new level not seen since the Space Race. He also said that he would like to "eliminate billions of tax dollars to oil companies and invest in tomorrow's energy."
The president also discussed new educational reforms in order to help prepare kids for a future in the technological age. He outlined programs like Race to the Top which allow states to come up with innovative plans to reform education. He also outlined his hope to replace No Child Left Behind using the Race to the Top approach making a more flexible law. Finally, he proposed making permanent a tuition tax credit up to $10,000 for four years of college.
His third point focused on the rebuilding of America. He hopes to put Americans on rebuilding jobs and knock down barriers for businesses by lowering the corporate tax rate without raising the national deficit. He promised that he has a committee reviewing government regulations for business and removing unnecessary laws to save businesses money. He also hopes to work across the aisle to help improve the Health Care Reform Bill, a major topic of debate in the House and Congress.
Finally, Obama's last topic was trying to lift the burden of the national deficit. His means of attaining this goal was to propose a freeze on annual domestic spending for the next five years. This includes freezing government workers salaries, cutting community action programs and cutting portions of defense spending (which amounts to .20 of the federal dollar).
All of this sounds great and hopes are high that the President will accomplish all of this, but how? And what does it mean? First of all, President Obama's State of the Union Address was a very political speech. He appeared to be moderate on many of the major divisive issues that are problems within Congress. He made his appeal to Congress and to the people of the United States by Kernell's theory of "Going Public." President Obama and many of the Presidents before him have televised and broadcasted their addresses so that the American public will place pressure on their legislators to push policy through. The question still remains: How will President Obama achieve his objectives? His enumerated powers in the Constitution are very limited, therefore the majority of his objectives will be achieved through informal power. As President, Obama assumes the role of chief lobbyist and party leader. He has the power to persuade Congress, and especially those in his own party, to do things merely because he is president. This idea is in direct relation to Neustadt and his theory of Presidential power through persuasion. A second informal power of use is the President's control of the "bully pulpit." President Obama is in the highest commanding position in the country which serves as a platform to spread his ideas and policy. The President can also use the media as an instrument to help influence the public to pressure their legislators, directly coinciding with Kernell's theory.
Final thoughts: Although the President's role is vital to the American public, what concerns me the most is the lack of bipartisanship between members of Congress. Both Democrats and Republicans have not been willing to compromise and negotiate to help pass legislation. The Senate itself has turned into a tug of war to display who has the most power and the most control. Only time will tell if President Obama's words will make a difference and help bring the parties closer together, or if party politics will rule as usual.




Wednesday, January 19, 2011

Constitution, Schmonsitution

http://www.americanprogress.org/cartoons/2008/11/112008.html

The Constitution of the Unites States is arguably the most important document in the history of our nation, yet the fact remains: Its contents have not been altered in approximately 224 years. How can a document conceived that long ago stand the test of time and still dictate a successful government that can face and succeed against the numerous challenges that exit in society today? The Framers created the Constitution as a living document that could be altered at any point. Therefore, when looking at Article II and the Executive Branch of our government, there exists many issues that I believe should be altered or elaborated upon.

In Article I, Section I, the regulation of terms is outlined in clause 1. While I don't particularly agree with a four year term, it does serve as an ample time to demonstrate progress in achieving the goals which the executive promises the citizens during their campaign trail. I personally believe that terms should be longer so that the president has not only ample time to demonstrate progress, but achieve some of the major goals that they have set forth.
Clauses 2 and 3 contain, arguably, the most controversial topic in the Constitution itself: the election of an executive through appointed electors, more commonly referred to as the Electoral College. Personally, I believe that the electoral college defies the ideals of democracy. It takes the ability to select a President out of the hands of the citizens and into the hands of Electors who can chose to either vote with the citizens or against them, for their best interest. The Framers created this provision to help protect the citizens from those uneducated voters, establishing a middle-man between the citizens and the appointed executive. While it is important to have a "safety net," it is also important for the people to have a direct say in who is their President. A solution could be to have elections in which the percentage of the votes that a candidate receives is the percentage of electoral votes they receive: proportionality rule. However if the electors feel that a differing percentage should be given to a candidate, the state House of Representatives should approve this change.
The final problem I have in Section 1 is the age and requirements for being a President. Why must a presidential candidate live in the United States for fourteen years and be 35 years old and a naturalized born citizen? Is it not possible for a younger candidate or an immigrant to govern the country as well as some of our leaders? I believe that other individuals would bring a fresh perspective of how the presidency and the United States is viewed from outside the country. While I believe that it is important to be a US citizen, I don't think being born in another country makes someone less qualified. As far as living in the United States for 14 years, it really seems like they just came up with that number with no justification.
Section II outlines the duties and responsibilities of the President. Clause 1 states that the President is commander in chief of the Army and the Navy. If this is the case what experience does the President have in controlling these bodies if they have not served time in the military. I believe that a presidential candidate should have served at least 2 years within the military in order to be qualified. This provides an individual enough time to understand how the instrument of government works without becoming corrupted by the institution. It's impossible to understand the functions of the Army and Navy without serving.
In the same clause, the President has the ability to obtain the opinion of the head of major executive departments. I believe that in moments of national crisis, or in the process of making an important decision this must be not an option but a necessity. John F. Kennedy, during the Cuban Missile Crisis, created ExCom to gain the opinions and thoughts of those who he believed would come up with the best solution to the problem at hand. Finally, I would eliminate the ability of the President to grant pardons and reprieves. I do not believe that the president should have the power to determine who should be essentially forgiven for their wrongdoings. I could very easily see it being used as harborer of corruption and controversy as demonstrated in the pardon of Richard Nixon by Gerald Ford. The power should be vested, at the least, in the Senate and should have to be approved by a 2/3 majority.
Section 3 outlines the responsibilities of the President as it pertains to the interaction between the executive and legislative branches of government. I believe that the President should have the power to create legislation to submit to Congress. The system of checks and balances makes it difficult for a President to push through any legislation. While this would create a blending of the executive and legislative branches, the legislation will have the final say in whether the bill will pass and the President would not be able to pass any legislation. This would provide the power to Congress while still giving the executive an opportunity to push forth their agenda as they see fit.
Lastly, Section 4 dictates the provisions under which the President shall be impeached. Now, bribery and treason I feel are impeachable offenses but the final part, "high crimes and misdemeanors" is incredibly vague and can be interpreted in a multitude of ways. I believe limiting impeachment to bribery, treason, and any form of fraud, embezzlement, or other felony crimes would help eliminate any interpretation issues.
When the Framers were writing the Constitution, they understood throughly that there was no way they could foresee every possible circumstance that would arise. The Constitution, as it stands, has stood the test of time and will continue to create the ultimate law of the land. Let it be known, however, that it could be improved upon. And now for your Constitutional viewing pleasure:



http://www.thedailyshow.com/watch/thu-january-6-2011/republicans-2--the-new-batch