Planning
For Post-Trump Reforms
Executive
Summary
This
paper examines what
might be done to reestablish and solidify American liberal democracy
and our system of checks and balances if Trump is defeated in
November.
The
tools for reform are:
- Constitutional amendment
- New Legislation
- Presidential executive action
- New interpretation or resuscitation of existing congressional power
- Reassertion of norms or declaration of new norms
- Efforts to affect public opinion
Problem
#1 – Attacks on oversight
Possible
Solutions – Strengthen laws for disclosure of materials and witness
testimony, with specific instances and time limits, expedited review
by SCOTUS in executive disputes, Congress declare intention to use
Sergeant at Arms and imprisonment for witnesses who do not obey
subpoena.
Problem
#2 – Attacks on fair electoral processes
Possible
solutions – New legislation detailing forbidden foreign
interference acts with stronger penalties, rewards for
whistle-blowers, penalties up to decertification of election. Federal
standardization by constitutional amendment of state laws on
gerrymandering, voter role purging, voting methods. Reinstate
pre-clearance in Voting Rights Act, reform Federal Elections
Commission. Increase sanctions for election violations by officials.
Problem
#3 – Abusive extension of presidential powers
Possible
solutions – Many measures are suggested, including constitutional
amendment requiring Speaker of House co-signature for pardons;
requiring IG firings be for cause; time limits for “active”
status; legislation to protect judges from intimidation; specific
legislation forbidding nepotism; putting teeth into the Hatch Act;
and a constitutional amendment prescribing penalties for crimes
against humanity and genocide. Invention is also called for to
produce presidential sanctions north of censure but south of
impeachment. This problem is so important that major efforts in
public education and a high-level commission should be considered.
Problem
#4 – Department of Justice has come under complete control of
President
Possible
solutions – DOJ's norm for independence and protection of the
constitution should be regularized by law, perhaps constitutional
amendment, making it quasi-independent. The 1973 decision that a
President cannot be indicted should be reversed. A special
commission would probably be warranted.
Problem
#5 – Corruption and conflicts of interest are rife
Possible
solutions – Very specific new laws are required, compelling
submission of tax returns and financial statements, spelling out the
details of forbidden emoluments, and ethics offices need to be
strengthened and reorganized to represent both legislative and
executive branches with much stronger investigative abilities.
Problem
#6 – Extensive inattention and incompetence in directing basic
governmental functions
Possible
solutions – Transparency is the key. Reports need to be full from
departments to congress, and response of congress needs to be public
as well. Science based agencies might have senior semi-independent
science boards to enforce that science not be compromised.
Problem
#7 – A coarse, mendacious, thuggish, racist, cynical and
dictatorial demeanor and tone
Possible
solutions – Make the Trump experience an educational opportunity to
highlight the difference of democracy and autocracy, and the
characteristics of a demagogue, while continuing to explore publicly
the basis for the obvious resentments harbored by Trump supporters.
Problem
#8 – Population of the United States widely ignorant of
governmental processes and concepts
Possible
solutions – Epic educational efforts required, with mandatory
civics classes for three years in middle and high school, funded by
federal government.
The
Realities of Reform
The
closest precedent for the Trump administration is probably Watergate.
The strength of the Watergate reforms was their thoughtful changes
of procedures and laws that have been lasting, and the fact that the
perpetrators, except for President Nixon, received penalties of
justice that included prison sentences. By contrast, Iran-Contra
perpetrators received pardons that short-circuited the course of
justice, and those transgressions have receded into memory with few
consequences. Pursuing reforms with vigor, and allowing justice to
take its course unimpeded, is certainly indicated, and would be more
important than the risk associated with a precedent for persecuting
the party out of power. We would be lucky if the post-Trump reforms
were as significant as the Watergate reforms.
The
longer article is here.
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