It’s time to repair democracy

Complaints against President Donald Trump include charges that he is departing from constitutional norms. His refusal or stalling tactics denying the Congress inspection of just about every record is a primary example. His hints that if the numbers are against him in 2020, it will be by fraud, suggests a worse anomaly in the offing. His frankly stated assumption that he can start a war against Iran or North Korea (or anyone else) without advance approval of the Congress is yet another. The constitutional requirement that he conduct foreign policy with the “advice and consent of the Senate” seems also to be a dead letter.

Denied access to information, how is the Congress to fulfill its responsibilities as one of the checks on the executive in the three-cornered system of “checks and balances?” If the constitutionally recognized press, now an “enemy of the people,” is likewise to be denied its role, both congressional and public oversight would be unacceptably limited.

Some of these issues are likely to be met in the context of the 2020 election or an impeachment proceeding if surprises continue at the present rate. But in the meantime, we should consider how some of the issues that have brought about this how-do-you-do are showing up in Alaska.

Why is it becoming possible, for example, for a chief executive to threaten to close down the educational system or the whole government if the Legislature does not bend to his will? How can our governor use state funds for political propaganda? Why, at both state and federal levels of government, does a person rise to the top who demonstrably lacks experience in the functions of government?

The most visible reasons, in each case, are the lack of any control on the rising influence of new and old classes of oligarchs in financing elections and the growth and power of high-tech, unregulated marketing of political ideas and candidates.

There are old problems lying around too, particularly unchecked gerrymandering — the control of election district boundaries, and bicameralism — government by a House of Commons and a House of Lords (which we call a Senate). The fact that Mr. Trump was gifted the presidency after losing the popular vote by more than two million votes, whether you like the Electoral College or not, is also a departure from democratic principles. Maybe it is time to consider repairing democracy.

Though rarely commented on, the Supreme Court in the “Citizens United” case, in its endorsement of essentially confidential oligarchic investment in all elections, dropped an apologetic line about “corporate democracy” as a controlling factor in election funding gone wild. Corporations, though now made to look like people, are created and controlled under state law. At a minimum, corporations, intended for business, can be required to state political contributions as part of their purpose and required to get shareholder approval for particular contributions. More sophisticated disclosure requirements are also possible. We just need legislative will.

Other improvements require constitutional amendment. Reapportionment could be run under the direction of a grand jury, for example, with freedom to hire experienced demographers for the technical aspects of the job.

A more radical constitutional change would be the embrace of unicameralism. If the great cities of America, not to mention Anchorage, (see also European parliamentary systems) can have a legislative function run by one chamber, as is already the case in Nebraska, why can’t we? Even without adding additional seats in the Legislature, by switching to 60 smaller districts, communities could know their delegates personally and the candidates could take a shot at office without a quarter-million dollars in their pocket. We would avoid the shambles of multiple special sessions, deadlocks and lack of knowing who is doing what under the disguises offered by bicameralism. The creation of a powerful U.S. Senate, with built-in conservative origins, was endorsed by the Founding Fathers out of fear of democracy. We are not that afraid of democracy here in Alaska — are we?

John Havelock is an Anchorage attorney and university scholar.

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