Power to the People: The Democracy Foundation's Plan to Create a Fourth Branch of Government
A nonprofit founded by presidential candidate Mike Gravel has been floating an ambitious proposal that would remake the framework of American democracy, allowing citizens to make laws through popular votes. Quixotic? Yes. Impractical? Maybe not.
For years now The Democracy Foundation, a Virginia-based nonprofit founded by former Alaska senator and current presidential hopeful Mike Gravel, has been pushing a plan that's both quixotic and rather sensible. Through its National Initiative for Democracy, the nonprofit aims to amend the Constitution in order to create a fourth branch of government, a "legislature of the people" empowered to make laws through nationwide popular voting.
"This is not a very radical thing at all," says the organization’s chairman, Tom Lombardi. "I see it as just a step forward. People have a right to step up to their rightful role as lawmakers alongside their representatives." In fact, citizens in 24 states are already allowed to pass initiatives and referendums by popular vote (in initiatives, citizens write laws and try to garner enough signatures to get those laws on statewide ballots; in referendums, legislatures draft the laws and put them on the ballots). The results, according to experts, have been sound. So why not take the idea national?
The plan has obvious advantages. National popular votes, for example, may be the only way to pass laws that are against lawmakers' interests, such as campaign finance reform, term limits, and caps on congressional pay. They would also reduce the disproportionate power of small geographical pockets. Under this system, senators from coal-producing states, to give one example, would have a much harder time holding up research on renewable sources of energy. A legislature of the people would also help to counter the influence of money in Washington—special interests and lobbyists can co-opt key members of Congress with campaign contributions and other perks, but would have a much harder time swaying the hearts and minds of millions of Americans.
Don Kemner, secretary of The Democracy Foundation, describes our current form of government as a "mendicant democracy." "In a political sense that means that all we can do is ask, beg, plead, petition, protest, or civically disobey our representative government for the things we want done," says Kemner. "They say 70 percent of the people would like to see the Iraq war come to an end. But the people have no way of implementing that in legislative action."
As appealing as this notion is, The Democracy Foundation's National Initiative is not without its pitfalls, to which the organization's staffers, extreme idealists all, have no shortage of counterarguments. Are the people really qualified to make laws? "We shouldn't underestimate the public's ability when it's in their self interest to educate themselves," says Lombardi. "People are brighter and more enthused than politicians and the media give them credit for." But if the people have legislative authority, what about the role of Congress? "The formal role of Congress stays exactly the same," he says. So, what if Congress dislikes a law passed by national initiative and passes its own law in direct contradiction? "Congress can go ahead and rewrite" the people's law, says Kemner. "They can write it off the books if they wish!" And what of the courts? "As the Congress can be challenged on constitutional grounds, likewise the people would be challenged when a law is enacted through the national initiative," says Kemner. "A national initiative in no way disposes of any procedures of the first, second, or third branches of government. It simply introduces a new one."
Those are logistical objections, but there are serious philosophical ones as well. For instance, how do you protect individual rights from the tyranny of the majority? Nearly a century ago voting rights for blacks were revoked in Oklahoma by a popular vote, points out John Matsusaka, the president of the Initiative and Referendum Institute at the University of Southern California. Still, he says, "you can find such examples, if not worse, that came out of legislatures." Jim Crow laws, for example, were largely perpetrated by legislatures.
Moreover, states where voters dictate economic policy via initiatives and referendums tend to be just as financially healthy as states without these processes. "There's a concern that voters will be myopic," says Matsusaka, "that they'll approve a whole bunch of spending programs and at the same time cut taxes, and therefore create deficits and cause all kinds of problems." But this isn't the case. "If you look at the data, initiative states have no higher debt levels on average, their bond ratings are no worse on average, they have no higher taxes or deficits." In the past fifty years or so, says Matsusaka, the most common upshot of citizens having the right to make policy is lower taxes and lower spending.
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Keeps special interest reigned in. Can be misused by populists but not many times. Allow voter-education. Your single best chance to put a friendly face on politics and curb imperial ambition. Maybe then the US stands a chance of exporting democracy.
Right on! Finally, something that makes sense! It's time to streamline our government -- take back our power and this is a good start. Next is getting rid of the electoral college, redistricting the senate so its representational of the population, instituting a "no confidence" vote, and reforming campaign laws.
A brilliant idea!
One issue I have--if you believe that our last 2 presidential elections were SEVERELY tampered with (read stolen), what's to guarantee that this cannot be tampered with?
How about presenting a report card of all the Congressmen/Senators voting record. How they voted for the issue, who they ate lunch with before they voted, and why they came to the decision in their own words? We look at the issues and see exactly how that person stood in terms of representing their constituents. Give the voters a true picture of what their representative is doing in Washington. Also, there should be a 5 day work week. I wish I could work 3 days then jet home on someone else's dime.
it will never work in america because of our race problem.white people will never see the blackman as equal
This sounds like a nationwide version of the ballot initiative system. Here in California this system has been totally hijacked by privately funded shadow organizations. It was most recently used to recall Democrat and democratically re-elected Governor Gray Davis and replace him with Arnold. BEWARE!
Before you jump on the bandwagon take a good long look at the problems here in the state of California. Legislating through the ballot box is considered by many to be the real crux of the budget problems in our state. What we get is not real reform but "sound bite" "public" initiatives bought, paid for and spun by special interests. Very little, if any, of this legislation is for the public benefit.
What you end up with is a government that is unable to do its constitutional duty. Hamstrung by its own citizens.
No; better to have a parliament, with proportional representation. Keep 2 senators for each state, but cut the House of Representatives loose from a specific geographical location. Instead, let the representatives reflect the policies of their respective political parties. Since representation in the House would be proportional, there would be the opportunity to form new political parties. Eventually, no one party would have a majority; thus, every government would have to be a coalition government. Separating representatives from districts would tend to eliminate pork & encourage more objectivity in government. Also, the President could be recalled by a vote of no confidence, which certainly would be useful in the current situation.
I lived in Switzerland in the late 1990s, and watched the true democratic process work amazingly well. The national referendums got much more attention and voter turnout than we do here in the States, because people know they are directly involved in the final decision. Gravel's National Initiative is a terrific and timely proposal.
Michael called the shot in his post (July 30, 2007 2:55:01 PM) ... this is a terrible idea.
It is silly to think the public can't be rushed into self-destruction. Just think back to the manipulation of the American people that preceded our invasion of Iraq. It is simply too easy to hoodwink the press and bamboozle the people.
We don't need to propose and pass our own laws. We need to select good people to represent us in our government. The political parties have a stranglehold on our political process. As long as that continues they will nominate and elect corrupt trash to our public offices. These are the people who are destroying our nation. We need look no further than that.
Fred
Michael, Fred;
I totally agree. The power and scope of the American media empires would no doubt use the powerful psychology now employed in advertising to influence citizens for special interest causes that are not in their interests. This aspect of American media and mass-communication is unlike anything in the world so comparisons to Switzerland are not entirely useful. I agree with the parliamentary solution but the main long term solution will be a very difficult de-coupling of money and power. I can't imagine how that would come about.
I somewhat like this idea, although I personally would be much more excited about a process that allows citizens to repeal bad laws through national initiatives than one that allows us to make new laws.
If you really want a fourth branch of government, how about a branch dedicated
solely to the investigation and independent prosecution of crimes committed by members of the other three branches. Sort of an elected national grand jury.
All would have to be elected to serve a 2 year terms by a majority vote of the electorate, 3 for each house district, with no more than 2 consecutive terms. Candidates must be nominated by State and Federal Judges in a particular district, with the requirement that at least 20 of the most upstanding citizens be nominated or that district would forefit its right to representation for that election cycle. The top 3 vote getters would be elected. Elected members would be subject to justice department prosecution as is every one else, but like legislators could not be arrested while "in session".
We need more independence for "crimes and misdemeanors" that the executive, legislative and judicial branches chose to ignore for political or financial reasons.
Recommendations for prosecution would then be given to the House of Representative for a vote, following a majority vote of an "executive board" of said prosecutors, consisting of 50 members (at least one form each state), elected by 2/3 ballot of all elected "prosecutors"). Parties involved or the target of a particular investigation, if involving a member of the House of Representatives, would ineligible to vote (from districts in which the "crime" occurred). A majority vote by the House would send the case to the judicial branch.
Generally, this would make corruption much harder as the prosecutors would be more independent, but not so entrenched a bureaucracy as to run too far amok. While an element would always remain, this fourth branch would have only extremely limited power (remove corrupt/criminal activity) and be checked by the supreme political power of the legislative branch and the current, significant prosecutorial power of the executive, as well as by the judiciary. Since they are simply a prosecutorial branch, executive privilege and other excuses for hiding crimes committed in office would not apply. Failure to turn over relevant evidence would lead to an automatic obstruction of justice charge.
As for the innate wisdom of "my fellow Americans" being able to solve the "great issues of our day", I say sorry. Any nation that elected George Bush, has an electorate that simply can't be trusted. There has to be some filtering, lest the Rupert Murdochs of the world own the entire process (as they do now?).
Good idea, but not good in practice. Good at the state level, but this current plan keeps the minorities with some power. Take abortion for example.
And you think that the Corporate Theocrats are going to let this happen without bloodshed? Not a chance.
The results have been "sound"? In California, voters have gutted the funding for public education, passed an obviously flawed "three strikes" law, prohibited basic instruction in non-English languages...and so on. This proposal invites demagoguery, as romantic as it sounds.
As a California resident, a national initiative system is looks like a disaster to me. The CA initiative spending has boxed in the legislature by creating an absurdly unfair property tax system that provides too little revenue since it subsidizes some the states wealthiest residents and then spends most of the money by a formula.
Special interests routinely qualify initiatives for the ballot. Any when a special interest in threatened by a ballot initiative they pour millions to defeat it.
I can't think of a worse system to make laws. It certainly does not lead to progressive laws.
This sounds good on its face. But what about things like gay marriage. If America (at least the America that votes) decided on this issue, they would outlaw it for good, just like African-American rights as pointed out in the article. And don't think voters wouldn't be fooled by special interests. The media would spin for one side (on behalf of the special interests) and sway the debate.
The system is California is utterly flawed the Nation Initiative does not include these flaws. Think of the media we could enact a law to reverse the dreadfull Telecom bill which brought us to where we are today. Please research this before casting doubt.
At last! A reasonable opportunity to restore the USA to A DEMOCRACY BY AND FOR THE PEOPLE. Mike Gravel has demonstrated that Alaska was indeed a great buy.
Pericles would be proud of this proposal. I wonder what he would have to say about W's administration. It's time to give the people more voice than the powerful corporations, their lobbists and the politicians dependent on their contributions. It's obvious neither Congress nor the executive branch have the political will to break their dependence on corporations.
I agree with the comments from the Californians. Up here in OR we have an initiative system which is a disaster. Special interest yahoos write incomprehensible, terrible laws and then out of state private funds are funneled in to a propaganda bonanza that sometimes manage to swindle the public in to voting radical ideas in to law. Sure -power to the people- I'm all for it, but initiatives are just not as pretty as they sound!
HORRENDOUS idea. In California we'd have absolutely dreadful laws and _constitutional amendments_ voted in by ballot initiative. The pattern is simple: someone wants to do something that the elected officials don't like, finds a Catchy Phrase for it, then spends a boatload of money on a campaign to convince everyone that the Catchy Phrase is a good solution. Vote for Catchy Phrase! Yes on Catchy Phrase! How can you possibly not support Catchy Phrase!?
And this is just California, a state of 35 million. Make it 300 million, and you are doomed not just to Catchy Phrase, but to Catchy Phrase - The Soundbite! Catchy Phrase - The Debate! Catchy Phrase - The Short-Lived Special-Purpose Political Party!
No, thank you.
The author lists as an objection, " Are the people really qualified to make laws?"
Perhaps a better and much more fair question would be, are congressional representatives qualified to vote?
As Samuel Clemens is said to have remarked, when asked if women should have the right to vote: "Why not, they sure all hell couldn't any worse than the men have done."
Just like us Americans... Ignore the fact that we could resolve much of our current crisis USING (instead of bitching about) the checks and balances already provided, in favor of a new, great-sounding idea that has been a muddled mess in every state that's tried it.
Our problems in America were caused by citizens not properly educated about civic responsibility, not properly motivated to exercise civic duties, not properly self-educated about candidates and issues, and not properly voting for either their own best interests or the common good. Now we want to give these same un-motivated, unaware voters an even more direct line to binding legislation?
I also disagree that Americans would educate themselves about ballot initiatives and make intelligent choices. My observations as a Massachusettsian indicate that people grab whichever side of an issue appeals most to their emotions and fears, and stick to those positions no matter what.
Our problems aren't going to be solved by a new gimmick. Pay attention to the testimony of CA, OR and MA citizens who have seen the tyranny of both the majority and the monied, via ballot initiatives and referendums.
Really want to change the country? Double the education budget, and create mandatory 'citizenship' testing programs. At age 18 (or recently emigrated at any age), having scored above failing in such a program, you get to vote.
A great idea! We've got to get power back to the people - maybe this is the best way to acomplish that goal.
Another nutty idea from Mikey G. I would expert nothing less. To use Switzerland, a tiny homogeneous country, as example of why the concept is so great is ridiculous. And then the author proves how out of touch he is when he says, "In contrast, the United States, a worldwide leader in democracy, has never held a nationwide vote on any law." Last time I checked the US is a federal republic not a democracy or did the author miss that day in high school civics?
California provides a good example of what initiatives cause: nearly every initiative that passes here is challenged in court by its opponents and the state spends millions of our tax dollars adjudicating the issue. There is no good evidence that citizens can write initiatives that will pass constitutional muster. Even constitutional law experts can't agree on what is constitutional.
I envision a morass of initiatives and counter-initiatives and endless court challenges.
I wish this would work because I'd like the opportunity to enact publicly funded elections, single payer national health care, sound environmental legislation, a fair tax code, the establishment of a "Peace" Department, as well as countless other initiatives.
One of our biggest problems today is that very few congressional seats are seriously contested because the state legislatures have engineered "safe districts" for themselves. I suspect we could affect real change if every state legislature turned over reapportionment to independent non-partisan commissions with a mandate to redraw congressional districts without regard for who currently represents an area.
Let's work on that!
This is a great idea. I live in Missouri, where this method is already allowed and sometimes used. For example, during the last election voters here approved a law to increase the state's minimum wage. (It's currently higher than the new federal minimum wage.) But the minimum wage law would never have been passed if we had to wait on the numbskulls the Missouri Legislature. In fact, the legislature and the state's Republican governor are hopping mad that this law passed. They're trying to undo and nullify the wishes of the state's voters by passing another bill to strike it from the books. Power to the people!
In CA, we have had the Initiative process for many years. It works in some way and in others it doesn't. The people pass laws that they want, and in most cases, what the people says, goes. In other cases, either the feds, the courts or the state lawmakers say we can't. One that comes to mind, is the Medical Marijuana act. The citizens voted it in, the state lawmakers and courts said it was a goo thing, and then the Feds said, you can't do that. Well, in this case we ignored them (the feds).
It's far past time for 'We the People' to stand on their hind legs. We must hang our heads in shame as comparted to the Revoluntionary War generation. We no longer have 'americans' (those who are only born here). 'americans' know nothing abt the founding of this country & frankly could care less. They, 'americans', being largely of the work-a-day mentality truly believe as they say, 'He's/She's the 'boss' & can do whatever they want'. It hasn't occured to them, 'americans' that the 'prezdent' is a nothin' more than a 'temp worker' & that they, 'americans' are the 'boss'. Fire is a far better word than impeachment in this case. Then the average 'american' would get it. & that's all folks from one of those who has a close view of the streets of 'america' & not by choose.
MOre than ever this non profit philosophy is forefront. Reason being is that the current administration has created such a distance between themselves and the people it impresses that our government is without remorse for the general population.
We the people have no representation ..
only a mirage...
The voter is at fault for not voting properly
What a field day for special interests, we have already seen, repeatedly, how easy it is to stampede Americans into almost anything. The Iraq war for example. Imagine what you could do with a Mob of frightened people regarding say Jews, or Liberals, or Trade Unionists, or Muslims. Hitler did it why can't we?
It would be enlightening to hear arguments from a congress that refuses to legislate the will of the people on why the people have no constitutional right to do it themselves.
I have floated a proposal for over a decade that would link all spending to dedicated revenue and have the voters approve all spending levels for all spending - arranged in budgetary categories by the legislature with no one category exceeding 20% of the budget. Of course that would necessarily disallow spending dedicated revenue from SS taxes to cover up the deficit - so all those in power would object.
With both of these measures in place it would make a balanced budget practically mandatory. It would also force someone to dedicate revenue to fund military spending and that would make it easier to cut that ridiculous budget to shreds - much like states have put the screws on public education by cutting property taxes dedicated to local schools. I have details on one of my sites and I can be reached at rimchamp77@juno.com if anyone is interested in details. The procedures are clearly spelled out.
from the National Initiative - Section 3.Procedures - paragraph P.Campaign Financing:
"Only United States citizens may contribute funds, services or property in support of or in opposition to an initiative. Contributions from corporations including, but not limited to, such incorporated entities as industry groups, labor unions, political parties, political action committees, organized religions and associations, are specifically prohibited."
In CA, the initiative process was used to replace re-elected Gov. Davis with Arnold. But when ex-Senator Debra Bowen put a bill on Arnold's desk that would have required full disclosure of sponsors for initiatives and referendums (I believe both in signature gathering and in advertising) he would not sign it. Many problems with the initiative process in CA would have been cured by Sen. Bowen's bill. The National Initiative is well thought out to avoid rushing into regrettable decisions. The most expert advice should be sought to review it and, if possible, improve it. Then it should be put to a national vote on paper, hand counted.
Gov. Hiram Johnson held a special election on Oct. 10, 1911 and CA became the 10th. state in which citizens can enact state laws by initiative. Our ability to remove the control of our government by corporate interests depends on the National Initiative for Democracy.
How many of our present candidates for President would commit to holding such an election? They should all be asked.
The problem of an initiative process is the lack of accountability. After the action who individually is accountable? The special interest with vast resources that now dominate the Congress with do the same in the initiative process. If this system had been in place at the start of the Civil War we would never have fought it. We would have also stayed on the side lines during WW2 and would have had to face a stronger Hitler alone. We would never be able to make unpopular but necessary decisions. This was discussed during the constitutional convention and the founding fathers knew better. This is a dangerous path that will lead us to domination by mad majorities.
It's too long overdue. Government of the people, BY the people....why has it taken so long for someone to see what's been missing?
Interesting idea, mob rule, I mean direct democracy. That could work, maybe even share the wealth, just like in China and Cuba. Where do I sign up?
I see more cons than pros. I would rather have the power to challenge and change laws, not create them. The right to charge Congress for crimes would be nice too.
Fred, Michael, Kevin and etal. Media rules; GW's favorite oft quoted comment: Perception is Everything. Many good ideas but when you are dealing with entrenched power, they are pie-in-the-sky.
My favorite political change which I realized I will never see enacted is that any party getting over 3% of the popular vote has to be represented in chambers. Would sure stop the good old boy system. Got the idea from reading a book on Sweden's government.
I see no possibility that any genuine change can be effected through current measures. Seriously, even a most enormous upheaval of public opinion can be outlasted and subverted at the last minute by insertions of changes seconds before the law is to be voted on. Isn't that the way the "law" is practiced now?
How about a radical idea for real democracy - admit not my idea but love it. Scrap the Senate (how can an institution that allows such long tenure be vibrant) and replace it with an institution that is elected/balloted every year as per the jury system. Members are drawn at random like juries and HAVE to serve in Washington for a year before making way for the next years batch. Just think new fresh ideas every year and no one in any special interests pocket. Now we will have real fresh debate and a grassroot peoples democracy.
This country would self destruct if this happened. People think this country is a Govt by the people for the people but what a crock! If popular vote ran the country, civil rights, immigration, taxes, voting, OEO, and all that would vanish! Welfare would bankrupt the country in a year.
The lobbyists would appoint the laws to be voted on by an uninformed public easly swayed by spin masters with hidden agendas to manipulate the popular vote and would disinfrachise rather than impower people who do vote.
I see no gain just another opportunity to further devide. We need not fix the system, but instead fix our values.
The idea sounds good but it should start from using the Initiative system to change political parties' representation and ability to be on the ballot in the states. This will allow fresh, people-oriented parties to be able to send representatives to Congress with the possibility of being more people-friendly. This will also break the two-party stranglehold and avoid a situation where 70% of the people want out of the war and cannot do anything about it. Let the promoters see this as the necessary first step.
The Idea is sound , the implementation presents problems, There is always the possibility of powerful organizations corrupting the system just as they have corrupted every other part of our government. However it is still worth a shot and could serve to force politicians to pay more attention to the people whom they represent. Certain safe guards and limits would be necessary to prevent abuse.
I like this idea. Everyone gets to vote electronically but it should be backed up with paper ballots.
A swell idea. I can see this working - so long as a President doesn't completely disregard any laws created in this system by virtue of either 1) signing statements or 2)being commander in chief (in the case of Americans creating a law to bring home or troops)
In other words, I have little faith our current system of government would enable this to work.
The public is easily duped by the media which is owned and operated by big business, whose only interest is themselves.
We middle class Americans are nearly powerless, politically, compared with corporate PAC‘s and wealthy political contributors. The ballot box has not worked and will not work for us. Democracy is no longer “one person, one vote”, but “one dollar, one vote”.
Some actions that thoughtful middle class Americans seem to favor:
1. Cut defense spending in half. Our expensive mega-weapons are far beyond what we will ever require for homeland defense. This does not mean we short change soldiers. Fear of the constant enemy is encouraged by our defense industry, Congress, and the White House. We have seen how little of the defense dollar goes to protecting and caring for our soldiers
2. Establish universal health care. Properly managed universal health care would cost far less than today‘s administratively over-burdened system and would allow American companies to better compete in world trade.
3. Require “fair” foreign competition. Import duties should be based on foreign wage scales, lack of pollution regulations, use of child and slave labor, lax industrial safety regulations, etc. American corporations thrive on foreign work rules that are blatantly illegal in the U.S. while American workers are laid off.
4. Make corporate and political malfeasance a capital crime. No terrorist, traitor, drug pusher, murderer, or thief causes more damage to the ideal of America than a crooked politician or corporate official. China just executed an “FDA” official for taking bribes. A few prosecutions and convictions might send a clear message that we are exhausted by thievery, greed, and lies.
5. Tax all income as income, regardless of its source, and on a progressive scale. The wealthy benefit the most from a stable, secure America, so they should pay the most to live here. You drive a $20,000 car, you do not pay the same insurance as for a $100,000 car. You have assets of millions, you pay insurance (taxes) accordingly. Reduce the federal tax code to one small volume.
6. Place a moratorium on ADC and other payments for children born to parents who are clearly unable to care for the children. The middle class pays for “care” of children whose parent(s) are incompetent. Such children are likely to be our future criminals and prisoners. Every dollar we pay is one less we spend on our own children. Eliminate welfare and other social services for non-citizens.
7. Legalize drugs and release non-violent drug offenders. The government maintains strict drug laws in order to create jobs in drug enforcement and prisons. Legalization would put drug lords and many other bottom feeders (some in government!) out of business. The wealthy buy and use drugs; the poor go to jail.
8. Clean up the environment. The wealthy can pay, at least in the short term, to avoid the effects of pollution. Pollution may profit the wealthy few who invest in polluting industries, but results in enormous long term expenditures and poor quality of life for the rest of us and our children.
9. Term limits in Congress. In addition, we are drowning in government, federal, state, and local. Mandate no more government employees and reduction through attrition.
10. Balance the budget.
If we could mimic PAC’s in their unity and in dollar clout, we might obtain favorable political attention. How?
We each send this list of concerns to our creditors: car loan, home mortgage, credit cards. We inform them (and mean it!) that we will make no payments until the above legislation is enacted. We place the money we withhold from creditors in a special account. We do not spend it! Our effort is not an excuse to avoid paying our debts. When the legislation is enacted, we pay our outstanding bills, but NOT penalties for late payment.
This is an opportunity to reclaim America. If you believe in the Constitution, the idea of America, justice, and freedom, this is your chance to make a difference.
For questions, info, addition to the mailing list, and to submit ideas, contact: reclaimusa@yahoo.com
