This day in history - July 11, 1804: Former Secretary of the Treasury Alexander Hamilton is mortally wounded in a duel

By Richard K. Barry

The duel in question was between Hamilton and Vice President Aaron Burr. It took place on July 11, 1804, and Hamilton, having been shot in the lower abdomen above the right hip, died the next day.

The cause of the duel was, of course, some sort of affront to Burr's honor, which required that he receive what I think they called in the day "satisfaction." All in all, it ended badly for Hamilton.

I thought the item interesting this week in particular because Hamilton was the first United States Secretary of the Treasury.

I note that he was involved in 1790 in writing something called the First Report on the Public Credit, which analyzed the financial standing of the United States of America and made recommendations for the retirement of the national debt.

Hmmm. What advice would Hamilton offer our national leaders today on the debt ceiling as one who worked so hard to ensure that the debt and honor of his fledging country would be secured following the American Revolution and the debt incurred to conduct it?

I'll bet Glenn Beck could tell me.

(Cross-posted to Lippmann's Ghost.)

Passion play

By Capt. Fogg

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof...

___________

If you managed to get through grade school, you've read this many times, but it never seems to influence the way Americans act or feel: a syndrome that seems more influenced by mob psychology and sectarian chauvinism than anything else. Of course, it's long been this way and we've long been a xenophobic and gullible nation, but with the advent of round-the-clock swineherds like Fox News, the grunting and squealing of feral-hog America is drowning out the voice of our founding fathers and of decent men and women everywhere. 

[E]ven if the Mufti of Constantinople were to send a missionary to preach Mohammedanism to us, he would find a pulpit at his service. (Ben Franklin) 

The same folks who want to persecute Muslims for their religion and prohibit the free exercise thereof will assert, without twitching their nostrils at the smell of hypocrisy, that this is a Christian nation and that Christian laws, whatever they might be, supersede our national laws about abortion, birth control, spending government funds on Christian activities, and browbeating children into theological submission. It's not okay that a Muslim man doesn't want to drink alcohol or a Jew doesn't want to eat pork, but it's fine that a Christian pharmacist refuses to dispense condoms. Damn the Constitution, we're a Christian nation. The laws of other religions need not apply, and, in fact, although there is no chance whatever that the United States will adopt the Qur'an as a replacement for the Constitution and its body of laws, it's not enough for the grunting pigs of God who would like to make the free exercise of Islam illegal. 

He was despised and rejected of men, a man of sorrows and acquainted with grief. (Isaiah 53:3) 

The latest crusade seems to be about portraying every comment by every Muslim as an example of Sharia, from a cabby in Detroit asking that he not be forced to transport alcohol to someone praying in Arabic in front of the White House. According to one witness, he was asking for a blessing on those "Christians" who seemed oblivious to the staggering irony of a mob mocking and cursing a bearded man, bent in prayer, forgiving them for persecuting him. None of this has anything to do with any effort to replace our laws and courts with Islamic laws or Islamic judges, nor can it since no effort exists. As to the rules of private observance, let's let only Christians do that! The only credible attempt of theocratic pretenders to the throne is of course by self-styled Christians, as the porcine squeals of the glossolalians Palin and Huckabee would prove. 

As the Government of the United States of America is not, in any sense, founded on the Christian religion; as it has in itself no character of enmity against the laws, religion, or tranquillity, of Musselmen... (George Washington) 

Perhaps it's fortunate that such people are stupid enough to hoist themselves with their own petty petards. You'll recall, and perhaps with a smile, Oklahoma's attempt to thwart the non-existent Islamic takeover by attempting a tin-foil-hat law banning all religious commands -- which in effect banned the Jewish commandments they had been trying to insert into American life, but we can't afford to depend on their congenital stupidity when so much is at stake. And yes, it takes a stupid man to think that somehow Americans would decide to write Sharia or Islamic tribal practices into American law in open defiance of the Constitution or that the tiny percentage of Muslim Americans would somehow magically or accidentally do it by themselves.

The courts have decisively ruled that the establishment and free exercise clauses forbid the federal and state governments to prefer one religion to another, or religion to irreligion or atheism. The Torah, the Bible, the Qur'an, the Gita, the works of Nietzsche: state or federal government may not adopt any of them as preferable, much less mandatory. But we're a little people, a silly people -- greedy, barbarous, and cruel people, if I might borrow from T.E. Lawrence -- and a cowardly, ignorant, and hateful people as well. "Conservative" legislators continue and will persist in thriving on our traditional sins by inventing threats that must be countered by measures to accelerate our inexorable descent into loserhood. They'll continue to demonize the way their predecessors demonized German, Irish, Italian, Mexican, African, Catholic, Jewish, Chinese, and Indian immigrants, and history will continue to prove them wrong.

(Cross-posted from Human Voices.)

How about a real government for the people?

By Distributorcap

We thought it was bad when Bush was in charge, but just look at the simpletons running the House of Representatives now. It's Titticut Follies meets Duck Soup.

Boehner, Cantor, McConnell, and the entire new crop of teabagging dingbats like Rand Paul and the freshmen reps give new meaning to the Peter Principle. Face it, we have a completely broken government put in power by a completely broken electoral system.

It is really time Americans took a hard look at our system and organization of government (which we won't) and change the things that are driving us into the cesspool (which of course we won't). For over 200 years we have basically followed the principles and doctrines of the founding fathers -- Madison, Jefferson, Adams, and all the other 18th-century scholars. Stability in the process of law has been our strength. It might now also be one of our greatness weaknesses. Plus, it is the 21st century, and most Americans are barely treated as 3/5 of a person.

The Amendments

So grounded are we in NOT changing, there have only been 27 amendments to the U.S. Constitution in over 200 years. Of the 27, some are not really laws to govern by but rather corrections to flaws and issues stemming from the original document.

The 18th and 21st amendments deal with prohibition (which in reality had nothing to do with government) and negate each other. The 23rd (electoral representation for D.C.) and the 19th (giving women the right to vote) are corrections to obvious flaws. One can argue the 20th (which deals with term-end dates), the 24th (poll taxes), and the 25th (presidential succession) are really just clarifications of early laws. And finally the last amendment, the 27th (congressional compensation), has nothing to do with the rule of law. That leaves 19 amendments that have dealt with shifting times and a more complex country. One could even argue that the 13th amendment, which abolished slavery, is not an amendment to govern but a correction to a horrible mistake. Many racists Republicans are gunning to get rid of the 14th.

And guess what, with so few changes to an ideology established in a period that bears little relationship to an era of instant information in a shrinking world, our government continues to detract from its original aspiration and devolve into an incredibly dysfunctional body. Sure, a large chunk of people (like the right wing and others) will say our Constitution is the single greatest document laying down the basis for the single greatest political system ever (it is not; it allowed George Bush to be elected). So how dare we tinker with it. Well, arrogance knows no bounds from people unwilling or unable to adjust to the world as it is. That attitude and a quarter gets you more worthless American currency and more Congressmen like Jim DeMint and Louis Gohmert.

Here is my two cents: The Constitution (and the political process) ain't working. It needs an extreme makeover. Think Joan Rivers. There are those who do not want change: those in power (who are more and more looking like a bunch of less and less intelligent media whores) and the (allegedly non-ideological) media, both of whom have very little incentive to alter the structure that put/keeps them in power in the first place. Almost anyone in government today (from all political bents) would poo-poo any suggestion of major constitutional rewrites. But to survive as a viable and thriving society in a world of diminishing resources, floundering leadership, and increased divisiveness, we must consider moderation to the very fundamentals that brought us to the place we are at. Change or die. Survival of the fittest.

Here are some of my thoughts – food for discussion. They are not wrong or right, just some ideas on improving a broken (yes, broken, dilapidated, and now dangerous) system.

Elections

First I will say that I wish we had the parliamentary form of government like Canada, Britain, or Australia, where the party in power chooses the leader of government and can also fall from power before the end of the term. There are tons of pluses and minuses to this form of government. But for now I will work within the basic confines of the current government structure.

All elections should be held on Sunday (don't give me the lame excuses of Church or religion or the day of rest -- almost every other nation in the world votes on a weekend, and most churches today are political hotbeds anyway), so yhat people could vote and not worry about the kids at school or getting time off from work. Or if that doesn't suit you, have a two-day election Saturday and Sunday. EVERY polling place in the nation has the same equipment, all with paper trails. If you want early mail-in voting, fine. For the presidential elections, all polls close at the same time, 12 midnight ET, 9 pm PT, 6 pm in Alaska and Hawaii -- one day every four years is not too much to ask of a late-night election. This Tuesday nonsense is, well, nonsense and utterly ridiculous.

The campaigns go on way too long – they really become more of a turnoff and often evolve into a mudslinging anger-fest right out of As The World Turns. The 2012 campaign has been in full force for nearly a year (just watch any cable show and the handicapping is in full bloom). Stopping candidates from early or long campaigning is impossible and fraught with free speech implications, but you can limit advertising and debates to a narrow period of time. (I realize there are major freedom of speech issues with this as well, but what is more important, an honest debate or permanent campaigns to ensure pundits have a job?) The primary process sucks. It is long, expensive, and cumbersome. It should be divided into four regional super-primaries instead of a six-month drawn-out media party. The primaries should be about the candidates and issues, not about what the media wants in terms of covering the candidates and the issues (there is a big difference). Plus, it is expensive. We complain about all the money in politics, and all the donations. When you have a six-month primary system done on such a local-local level, it is bound to get very pricey.

(This issue of money and elections is a whole post unto itself.)

Presidential Election

The Electoral College needs major reformation or to be junked completely. My belief is to ditch the bitch -- get rid of it. It is an anachronism, developed (in my opinion) for arrogant and snobby reasons. The presidency is the only political office in the country that is elected by the entire country, and the current bizarre system allocates votes based on a lopsided and unfair weighting system. This is an electoral system that puts the states (or federalism) above the people (or populism). Votes in Alaska count much more than votes in California. It is a ridiculous and dispiriting procedure. And it is expensive. It is not one man, one vote, and it seems to me to be more Soviet-style than democratic.

We should have a national election where the winner is determined by a plurality of the popular vote, period. Sure, the "get to know the candidate" in more remote places will go away, but to my mind that is a small tradeoff for having every person count the same. Besides, with social media and invasive cable, every candidate is everywhere, everyday. Hand-to-hand campaigning would still be necessary, as would local stops. Right now a Republican would barely venture into New England or New York, a Democrat avoids the places like Kansas or Idaho -- that all would change. The Republicans in Massachusetts would have to be courted, just as the Democrats in Utah would have to be. Diehards would hate this, but too bad -- who cares what the diehard traditionalists think? The upside of this change far outweighs the downside, since the current system is ALL downside.

There is really no valid reason to keep the Electoral College other than tradition and the excuse that James Madison knew more than we did. Sure people will say it protects states' rights, minorities, and the two-party system. Protecting the two-party system is the last thing we should want. But is the presidency about the federal system or about representing the people of the nation?

Three times -- in 1876, 1888, and 2000 -- the candidate with the most popular votes lost to someone with more electoral votes. That is clearly not the will of the people but rather the will of the states. Why should someone in Wyoming have more say that someone in Oregon? The Declaration of Independence should be re-written to start "we the states" rather than "we the people" if that is what we really want from the presidency.

More importantly, we all know first-hand what happens when someone ignores the will of the people -- you get the idiocy of the self-anointed and power-hungry King George (yes we could have dumped him in '04, but if logic prevailed he should not have even been there for dumping). Plus, a little-revealed fact, the current Electoral College setup basically allows the electors to vote for whomever they want to. They do not have to vote for the candidate chosen by their state. While 24 states have laws to punish this, only ONE (Michigan) has the power to actually cancel that "faithless" vote. So in some surreal setting, a candidate could win the popular vote and the electoral vote and still not be elected president. Unlikely, but theoretically possible. This is not democracy, it is lunacy. To me, almost anything is better than the current Electoral College.

I go back and forth as to what would be best with regard to term limits for the president. As currently -- two four-year terms? One six-year term? No limit? I am not sure, but I lean towards one six-year term.

And oh, the Supreme Court cannot stop recounts, and if a justice fails to disclose his wife's income he is automatically impeached.

Congress

The District of Columbia either becomes or is treated just like a state for national political purposes. Zero discussion on this. The fact D.C. residents have no Congressional representation is ludicrous. They're held hostage by the Republicans since over 80 percent of all voters in D.C. are Democrats.

The House of Representatives continues to be population-based. I don't know what the magical number of reps should be, but for argument's sake I would up the number to 565, which is taking the U.S. population of 309,000,000 in 2010 and dividing it by the population of the smallest state (Wyoming at 545,000). Of course, you wouldn't want to change the number of reps every year or even every ten. Just keep it at the base of 565. Frankly, the larger number, the more unmanageable an already unmanageable body would become. Under this algorithm, New York would have 34 reps, while Colorado would have nine.

There should be no gerrymandering of districts -- districts should ONLY be reassigned if the state gains/loses a House seat every ten years after the Census. Districts should be redrawn by bipartisan committee, with strict guidelines, not by state legislatures (no weird shapes to get in certain groups, minorities, or parties in certain districts). You cannot keep all politics out of districting, but it can and should be limited.

Reps should be required to be present for a certain number or percentage of votes or else are admonished, fined, or kicked out. Terms should be increased to three years (these two-year terms practically require reps to start campaigning the day the are elected). One-third (188) could be elected every year, keeping a rotation.

The Senate should be adjusted for some population-based figures. Having two senators from Alaska and two from California is plain stupid and unfair. I propose the top 17 states get three senators, the next 17 get two senators, and the bottom 17 (remember D.C. is added) get one senator. 102 senators, voted by their full state. In addition, three senators are elected by the entire country, essentially stateless senators, for a total of 105. The party with the most senators is in charge. Six-year terms remain, with 1/3 up for election every two years. Same deal on the minimum number of votes as for the House. NO FILIBUSTERS unless the senator actually does his best James Stewart.

If you think that basing both Houses on some sort of population count will really tilt the Congress towards the big states too much, then let's go with the Senate remaining with two senators from each state (102 including D.C.), plus three at-large senators elected either regionally or nationally. These senators would not answer to any one state. Total: 105 senators. There is nothing magic about 100 senators other than the round sounding of the total. Before 1959, there were 96 Senators.

Both bodies should be required to remain in session a minimum of 230 days/year. NO DISCUSSION. This is not a country club. That still leaves six weeks vacation for all Congressmen and plenty of time for Boehner to play golf.

Supreme Court

For this body I have absolutely no issues with term limits -- there should be. These are not elected officials answering to the people, they are appointed, and appointed with politics squarely in mind.

Nine justices, 18-year term limit. Every two years one justice steps down as his/her term expires. This way every president would get to nominate at least two justices (resignation and death would cause an immediate refill of the seat, regardless of the term order, and the appointee would fill the remaining term). The president continues to nominate and the Senate continues approval. This way you would not be stuck with a Scalia or Thomas for a lifetime. The politics of the Supreme Court could change every two years depending on the rotation and the president. In today's court you can predict the vote on every case almost to a tee. There should be strict ethics and guidelines for justices with respect to politics and even the appearance of impropriety. No lunches with the Koch boys.

Chime in. Am I that out to lunch?

Craziest Republican of the Day: Lee Bright

By Michael J.W. Stickings

South Carolina's Republican secessionist flag

Republicans really seem to miss the Confederacy. And they certainly seem to hate America. For yet another example of secessionist, anti-Washington thinking, let's head down to South Carolina, one of the craziest states in the union:

Continuing a pattern of attempts to assert South Carolina's independence from the federal government, State Sen. Lee Bright, R-Roebuck, has introduced legislation that backs the creation of a new state currency that could protect the financial stability of the Palmetto State in the event of a breakdown of the Federal Reserve System.

*****

"If there is an attempt to monetize the Fed we ought to at least have a study on record that could protect South Carolinians," Bright said in an interview Friday.

"If folks lose faith in the dollar, we need to have some kind of backup."

The legislation cites the rights reserved to states in the Constitution and Supreme Court rulings in making the case that South Carolina is within its rights to create its own currency.

Um... really? I'm hardly an expert on constitutional law, but Article I, Section 10 states no state shall "coin Money" or "emit Bills of Credit," which is to say, no state may have its own currency. Yes, a state may allow "gold and silver Coin" to be "a Tender in Payment of Debts," but as Madison explained in Federalist 44, "it may be observed that the same reasons which shew the necessity of denying to the States the power of regulating coin, prove with equal force that they ought not to be at liberty to substitute a paper medium in the place of coin. Had every State a right to regulate the value of its coin, there might be as many different currencies as States; and thus the intercourse among them would be impeded." That's pretty clear, it seems to me.

Now, Bright wants South Carolina's currency to be "gold or silver, or both," according to the legislation. His target is the federal reserve system, which is to say, the federal government (which is explicitly authorized by the Constitution (Article I, Section 8) to "coin Money" and "regulate the Value thereof," and one suspects that the Founding Fathers would not be amused.

But we're not there yet. "Bright's joint resolution calls for the creation of an eight-member joint subcommittee to study the proposal and submit a report to the General Assembly by Nov. 1."

As Phil Bailey, the director of the state Senate Democratic Caucus, quipped, "[i]t's a waste of time; it's a waste of resources. I mean who's paying for this study? Will they be paid in actual dollars or gold doubloons?"

Good question.

Bill Maher to the Teabaggers: "The Founding Fathers would have hated your guts."

By Michael J.W. Stickings

I'm generally not much of a Bill Maher fan, even if I agree with more often than not, but I think he's quite right about this. The Founding Fathers would have hated the Teabaggers, and vice versa.

Mustang Bobby posted the clip at his place yesterday. Here it is for your edifying amusement -- the part about the Teabaggers starts at 2:51, but it's all pretty good: