OPINION:
Though Christmas lists are usually made up of wishes, not moral judgments, the song “Santa Claus Is Coming to Town” tells us that Santa’s list will also note “who’s naughty or nice.”
In December 1775, America’s Founding Fathers were no doubt making their own lists. Collectively, their wish came to fruition on July 4, 1776, when the 13 Colonies declared their independence from Great Britain.
That was just the beginning of the American experiment. Given that just 2% of Americans now trust the federal government to do what’s right “just about always,” as a recent Pew Research report revealed, I wonder what the Founding Fathers would wish for if they could see how “naughty” our government is today. Here are some thoughts:
Clearly mark the exit door. The Constitution has minimum age requirements but no age limits, which has become a growing problem. President Biden’s obvious impairment was only one example. Many other self-proclaimed public servants also have remained in office well past their “best by” dates. The Founders might wish to prevent this with age and length-of-service limits.
Maintain the Senate stop sign. The Founders wanted the Senate to be a check on the passions of the people, not another democratically elected chamber. It was designed to slow things down. The 17th Amendment, which created the direct election of senators, runs contrary to the Founders’ design; they might wish to repeal it.
They also might wish to institutionalize the filibuster, elevating its status beyond that of a Senate rule. James Madison and the Constitution’s other drafters designed it to make it difficult to enact laws. They would probably look with pleasure at the innovation of the filibuster. George Washington is reputed to have explained the purpose of the Senate to Thomas Jefferson as akin to cooling down a hot drink: “We pour our legislation into the senatorial saucer to cool it,” he allegedly told Jefferson over breakfast one day.
Make our laws great again. The Founders were no fans of untethered majority rule. Today, they probably would worry more that political elites pursue policies clearly at odds with the will of the people. They would see incessant gerrymandering by both parties and the partisan manipulation of the rules about when, where and how people cast ballots as valid reasons for the collapse of people’s faith in government.
In Federalist 62, Madison wrote that the effect of frequently changing rules was calamitous, poisoning “the blessing of liberty itself.” Moreover, it gives “unreasonable advantage” to “the sagacious, the enterprising, and the moneyed few.” My guess is they would wish for constitutional barriers to such political gamesmanship.
In addition, they might wish to enforce, with penalties, the president’s constitutional duty (Article II, Section 3) to “take Care that the Laws be faithfully executed.” One doesn’t have to look hard to find examples, whether it is President Trump freezing resources allocated by Congress for Ukraine or Mr. Biden turning a blind eye to the flood of undocumented immigrants crossing the border.
Revive federalism. I suspect the Founders would also wish to restore the balance of power between the states and the federal government. This would require the Founders to more clearly define (and limit) the scope of the Constitution’s “interstate commerce” and “necessary and proper” clauses, both of which have been stretched beyond recognition.
Require lawmakers to do their jobs. Finally, I suspect the Founders would wish for a better fiscal process. In 1797, John Adams called the House of Representatives to account regarding government spending: “The consequences arising from the continual accumulation of public debts in other countries ought to admonish us to be careful to prevent their growth in our own.” Today, the Founders might wish to sanction Congress when it fails to pass a budget before the start of the new budget year. It’s their job, after all; if they’re not doing their job, dock their pay and make it hurt.
Our Founders would likely find today’s government similar in many respects to that of King George III: arrogant, overreaching, unresponsive and out of control. We should not only wish for better but also work for better.
• Frederic J. Fransen is president of Ameritas College in Huntington, West Virginia.
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