Sunday, August 03, 2014

Comment on Instapundit: Blog Archive:
"KYLE SMITH: Why Obama Is Concocting An Impeachment Threat: Because He Has Nothing Else."

If we survive the next two years, that being a clause bigger than Santa, we need to think of how to make two moribund parts of the American Constitution work. These are the Electoral College and Impeachment. OK, with a nod to Monty Python, make that three parts and include the Senate. OK OK make that the Senate and the House.

Fixing the Senate is the easiest part, but without this nothing else works. Repeal the XVIIth Amendment. That would probably result quickly in a 60 seat GOP Senate. Over time it would probably raise the pressure to increase the number of states, separating Crook County from Illinois and probably fragmenting other states with decaying machine cities dominating rural and suburban zones of productivity. Ideally the size of the House would also increase to bring down the number of voters per district from 200,000 to a more democratic fraction or 20 or 10,000 voters per Representative.

The Electoral College could be saved not by abolishing it but by making it a standing body with a defined membership ready to act when needed. Make the top three officers, Executive Legislative and Judicial ex officio Electors, with others as allocated by apportionment elected for fixed overlapping terms as are the Senators. The Electoral College could be given additional duties settling political constitutional questions as a Court of Judicial Review. There would be no reason to have them physically assemble to perform that task, as there would be no reason to have an expanded House of Representatives with up to 5,000 members assemble in one place except for a purely ceremonial occasion.

Impeachment could also be improved by making it more routine. Simply insert into the Constitution that every state may propose articles of impeachment and forward them to the Speaker of the House who shall annually submit them and other articles that Representatives wish considered to the House for consideration. If a majority of the House should vote to proceed then charges will be forwarded to the Senate. By making the initial process almost routine, and by allowing outside agents to prepare articles, it becomes likely that some charges against some officers if not the President will be sent to the Senate. In an emergency nothing would stop the House from drawing up articles of impeachment at any time.