Postmortems are important to improve the chances that any mistakes made aren’t repeated, but they can become vehicles for a** covering and blame shifting that accomplish nothing beyond ego preservation. Far better to recognize the opportunities that exist when an established system is challenged to its core. Much like the Puerto Rican power grid after the hurricanes, the Democratic party is a shambles at the top and, as a result, is in a great position to challenge much of the wisdom that has been conventional for far too long. That challenge can and should lead to reforms in government that will help prevent another autocratic attempt to take over the reins of power. These actions to move in that direction can immediately become a matter of party platform policy and, on the return of the Democratic party to a position of guidance, generate legislative implementation.
1) Expand the House of Representatives. If you still subscribe to the WaPo, read Danielle Allen’s excellent series on government reform. The short version is to establish a ratio of 1 Congressperson per 250,000 people or greater fraction. This would increase the House to 1320 based on the last census and lighten the load of each legislator so that they could, in theory, devote time to constituents instead of constant fundraising. While it would increase the cost of government, that could easily be covered by removing the income cap on Social Security tax while maintaining the current benefit structure. This can be done with legislation and does not require amending the Constitution.
2) End recess appointments to positions requiring Senate approval. This was important when barges and buggies were the primary means of travel but is hard to justify when airplanes and interstates have reduced most intercity travel to day trips. Reducing the time that positions can be filled by “Temporary” appointments will provide motivation for the Senate to act on nominations, especially if there is a clause providing automatic confirmation absent action by that overly deliberative body of bloviators. This would require an amendment to the Constitution so will take some time.
3) Expand the Supreme Court to 13 and establish an 18-year term for Justices. Expanding the Court will enable each Justice to be assigned to one Circuit Court of Appeals in an advisory and mentoring capacity and establish term limits will ensure that there is regular input of new ideas into the interpretation and adjudication of the law. Expansion can be legislated; term limits would require an amendment.
4) Mandate Ranked Choice Voting in all Federal elections. More complicated to explain than to implement, RCV has had the demonstrable impact of moderating the policy positions of candidates where it has been put into practice and will also help break the monopoly control of the legacy parties on candidacies and the electoral system as a whole.
5) Pass the Lewis Voting Rights Act or an identical analogue. Although the slavery era has passed, there are still too many ways to prevent or inhibit citizens from exercising the right to vote. This should be a legislative ‘gimme’ and has been delayed far too long.
6) Clarify the Constitution to establish that no one, regardless of position in the government, is immune from following the law and being held accountable for violations. If a Presidential action is, in fact, illegal, it is probably also a bad idea and shouldn’t be taken. This is apparently obvious to everyone other than 6 members of the Supreme Court and the felon who is protected by their embarrassingly stupid decision and shouldn’t have to be codified, but that’s where we are. One suspects that the 6 know this too, and part of the embarrassment they should feel is due to their sycophantic willingness to forswear their oaths of office in service to a political mistake.
There’s a lot to be done, including winning back the Senate in 2026 (the House is still too close to call), but having a firm positive platform that includes both political reforms like these and an aggressive courting of the working middle class through economic policy and real tax reform is a foundational necessity.
Some great ideas there, Dave! But implementing them, not so easy...
I don't know much about Ranked Choice Voting. I'll have to study up on it. If it gets us closer to fair, equitable representation that blunts the impact of the electoral college and gerrymandering, it may be a good answer.
Dave,
Excellent recommendations. All six are common sense.
I would add that we should enshrine reproductive freedom and ban enormous campaign contributions. In other words, make Roe v Wade solid law and obliterate Citizens United.
And, introduce automatic voter registration to all citizens who turn 18.
Oh, and perhaps a law that states political collaboration with foreign actors is defined as treason.