January 15, 2015

New Checks and Balances needed.

The US Constitution was one of the most revolutionary documents in history. Many of the ideas it enshrined may not have originated with the founders, but it was the first time they were put in place as a foundation for government. One of the most important and revolutionary ideas it put in place was the concept of checks and balances between the different branches of government. It has protected us and kept our country going, even in some of the most difficult of times. Until now. It isn't that the checks and balances are wrong, but that they have been replaced, undermined, overruled, and ignored.

The function of checks and balances serve several purposes. First and foremost, they are to keep each part of government from getting too powerful. This applies to the factions of government as well. It usually isn't a good thing to have too much power in too few hands. Checks and balances should keep power distributed. Government should be a slow process. It should be hard to create new laws, and easy to get rid of all but the most foundational of existing laws. This is the role of checks and balances. The problem is that now they seem to be broken.

Not only do they not seem to be working between the branches of the federal government, they also don't seem to be working between the federal government and the states, between states and communities, and between all the levels of government and the people. We need a renewal and fresh re-commitment to checks and balances. Not only that, we need some new checks and balances that correct the most abused places. Here are some ideas:

Federally, we need term limits all around, a line item veto, and a balanced budget amendment. And congress should get to pick undersecretaries in the departments (or something that gives them a better check on the bureaucracy). Both congress and the president need some checks on the courts, starting with term limits on all judges. The ability to overrule court declarations or to at least bring the affected laws back into the congress automatically. Also, the court should have to do their job and rule on the basic constitutionality of each law and section before it is implemented.

The states should have the ability to overrule the federal government if enough states pass the same resolutions. Also, state courts, if enough were in accordance, should be able to overrule the fed courts. State bureaucracies should have to administer any programs within the states.

Locally, the same kinds of checks that states should have on the federal government should exist between the local government and state government. Finally, all laws, policies, decisions, and so forth should be abolishable by petition of the populace, upon majority rule. The populace should be limited to eliminating existing laws, policies, and decisions, and not creating new ones.

All officers of government at any level should be subject to recall. Federal officers should be removable by those they represent. This should extend to senators in a special way, in that state government should be able to recall them, in addition to the citizenry of the state.

These ideas for new checks and balances are just off the top of my head, and perhaps the exact implementations are flawed and need to be adjusted or switched to something else, but the point is, we need to fix the checks and balances, in order to keep government of the people, for and by the people,

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