Wednesday, July 29, 2015

Americans Abandon Voting - Less than 50% even participate - What democracy?

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What the news media and political parties are not telling us about our $5 billion election next year?

Our media and politicians tend to portray the United States of America as the ultimate democracy in the world and have consistently presented us as the defenders of freedom and democracy.


Well I must be confused because nowhere is the word "democracy" mentioned in the Declaration of Independence or the U.S. Constitution. How could that be?  Come to think of it, no where are the words capitalism or political party mentioned either.


Our government is supposed to be a democracy!

What exactly is the definition of a democracy?


The Cambridge Dictionary - Definition of "democracy"

The belief in freedom and equality between people, or a system of government based on this belief, in which power is held by elected representatives or directly by the people themselves.

A country in which power is held by elected representatives.


The Cambridge Dictionary - Definition of "republic"

A country that is governed by elected representatives and an elected leader.

So in a pure democracy power is held by the people directly, while a republic elects representatives to look out for the public interest.  Well let us look at that in light of the current state of American participation in the election of our representatives and leader.


Pythagorean Analysis of Voter reality in America

Total USA Population Today          325,332,205
Total Population under 18                 78,000,000
Total Population 18 and over          247,322,000

Total Eligible Voters 18+                 247,322,000

Total Registered Voters                    142,200,000
Percent                                                            57%

Total Voter Turnout 2012                121,757,000
Percent of Registered Voters                        85.6%
Percent of Eligible Voters                             49.2%

Total Obama Votes 2012                    62,615,406
Percent of Registered Voters                        44%
Percent of Eligible Voters                             25.3%                                                                        

Total Romney Voters 2012                 59,100,000
Percent of Registered Voters                       41.5%
Percent of Eligible Voters                             23.9%                                    

Total Eligible Voters not Voting       125,565,000
Percent of Eligible Voters                             50.8%                                                


Total Leaning Independent                          43%
Total Leaning Democrat                               30%
Total Leaning Republican                            26%                           


Nothing can be more dramatic than the realization that not only do we not have a democracy we do not even have a functioning republic in this the citadel of world democracy.  For perhaps the first time in our history, more Americans refused to participate in the voting process by refusing to register to vote, a consequence of freedom or common sense I suspect.


Our political system has failed to support our constitutional requirements for a republic.  Yet I do not hear a single candidate for either party raise the issue of the disconnect between our political parties and our constitutional rights.

Wake up America!  Better yet, wake up news media and politicians who are ignorant of history and fail to understand the meaning of a republic.  As a last, gasp effort to steer them in the right direction, here is an explanation of the American system of government as envisioned by our founding fathers back before the concentration of power in our news media and political parties.


Is the United States a democracy?  Here is an explanation by ThisNation.com

The Pledge of Alliance includes the phrase: "and to the republic for which it stands." Is the United States of America a republic? I always thought it was a democracy? What's the difference between the two?

The United States is, indeed, a republic, not a democracy. Accurately defined, a democracy is a form of government in which the people decide policy matters directly--through town hall meetings or by voting on ballot initiatives and referendums. A republic, on the other hand, is a system in which the people choose representatives who, in turn, make policy decisions on their behalf. 

The Framers of the Constitution were altogether fearful of pure democracy. Everything they read and studied taught them that pure democracies "have ever been spectacles of turbulence and contention; have ever been found incompatible with personal security or the rights of property; and have in general been as short in their lives as they have been violent in their deaths" (Federalist No. 10).


By popular usage, however, the word "democracy" come to mean a form of government in which the government derives its power from the people and is accountable to them for the use of that power. In this sense the United States might accurately be called a democracy. However, there are examples of "pure democracy" at work in the United States today that would probably trouble the Framers of the Constitution if they were still alive to see them. Many states allow for policy questions to be decided directly by the people by voting on ballot initiatives or referendums.

(Initiatives originate with, or are initiated by, the people while referendums originate with, or are referred to the people by, a state's legislative body.) That the Constitution does not provide for national ballot initiatives or referendums is indicative of the Framers' opposition to such mechanisms. They were not confident that the people had the time, wisdom or level-headedness to make complex decisions, such as those that are often presented on ballots on election day.

Writing of the merits of a republican or representative form of government, James Madison observed that one of the most important differences between a democracy and a republic is "the delegation of the government [in a republic] to a small number of citizens elected by the rest."


The primary effect of such a scheme, Madison continued, was to:

. . . refine and enlarge the public views by passing them through the medium of a chosen body of citizens whose wisdom may best discern the true interest of their country and whose patriotism and love of justice will be least likely to sacrifice it to temporary or partial considerations. Under such a regulation it may well happen that the public voice, pronounced by the representatives of the people, will be more consonant to the public good than if pronounced by the people themselves, convened for the same purpose (Federalist No. 10).

Later, Madison elaborated on the importance of "refining and enlarging the public views" through a scheme of representation:

There are particular moments in public affairs when the people, stimulated by some irregular passion, or some illicit advantage, or misled by the artful misrepresentations of interested men, may call for measures which they themselves will afterwards be most ready to lament and condemn. In these critical moments, how salutary will be the interference of some temperate and respectable body of citizens, in order to check the misguided career and to suspend the blow meditated by the people against themselves, until reason, justice and truth can regain their authority over the public mind (Federalist No. 63).


In the strictest sense of the word, the system of government established by the Constitution was never intended to be a "democracy." This is evident not only in the wording of the Pledge of Alliance but in the Constitution itself which declares that "The United States shall guarantee to every State in this Union a Republican Form of Government" (Article IV, Section 4).  Moreover, the scheme of representation and the various mechanisms for selecting representatives established by the Constitution were clearly intended to produce a republic, not a democracy.


To the extent that the United States of America has moved away from its republican roots and become more "democratic," it has strayed from the intentions of the Constitution's authors. Whether or not the trend toward more direct democracy would be smiled upon by the Framers depends on the answer to another question. Are the American people today sufficiently better informed and otherwise equipped to be wise and prudent democratic citizens than were American citizens in the late 1700s? By all accounts, the answer to this second question is an emphatic "no."

Note Data Source for statistics: U.S. Bureau of the Census. "Projected Population by Single Year of Age (0-99, 100+), Sex, Race, and Hispanic Origin for the United States: July 1, 2014 to July 1, 2060." Released December 2014. Web-based data files available at:


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Tuesday, July 28, 2015

What Happened to Candidates for the People, not Political Hacks? The Second Congressional District of West Virginia - a hypothetical case study!

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As we prepare to enter the "silly season" of politics and brace ourselves for the onslaught of up to $5 billion in political spending, mostly political ads, did you ever wonder how people are selected to run for office.

There are a variety of ways one used to be a candidate for office, particularly federal office, but the collapse of federal campaign finance laws and the failure of any candidate for president to propose new laws will insure the path to election is lined with cash.


What a pity.  Once upon a time, the two political parties reached out to people who were not career politicians to bring new life to political office and new ideas for people to consider.


Once upon a time, when people were running for office, whether Democrats or Republicans, once elected they actually worked to serve all the people in their state or district.  In fact, they even worked with members of the opposite party to help all people.

Unfortunately, that practice seems dead.  It is the political parties and the professional politicians they support who have fostered the bitter partisanship, the character assassination, and the smear campaigns to keep people out of office.


The result, many good people, and many deserving people who really care about all people get denied the chance to hold public office.  When this happens, people get cheated out of the caring, compassionate, and understanding leaders we deserve and need.

Where are the people's politicians who put the needs of the people first and who never lose sight of the sacred trust between an elected official and all the people they serve?


Let me give you a hypothetical example so you can see what I mean.  Let us take the Second Congressional District of West Virginia.  The Second District is one of the strangest in the nation as it extends from the Washington suburbs in the Northeast part of the state all the way through Charleston almost to Kentucky.


During the most recent election in 2014, the party candidates for Congress included the former chairman of the West Virginia Democrat Party running against the former chairman of the Maryland Republican party.  Democrat Nick Casey and Republican Alex Mooney squared off.

 
As whacky as it sounds that is what happened.  Professional politicians from both political parties squared off to represent the Mountaineers.  Mooney, who did not even live in West Virginia when he started his campaign, was running for public office in his third different state: New Hampshire, Maryland, and West Virginia.[

Casey, the prohibitive favorite as former state Democrat party chairman, president of the ABA, prominent Catholic, Charleston resident, person with exceptional charitable credentials, and candidate with by far the highest public recognition, got just 60% of the vote in the primary and 43.9% in the general election.

Mooney pulled off a major upset.


As we approach the 2016 election cycle, what do you suppose is happening in the now GOP Second District.  Mooney is preparing for the re-election campaign although there is some speculation that if a Republican became president Mooney would be in line for a major position in the new administration.

On the Democrat side the Democratic Congressional Campaign Committee, DCCC, is encouraging Nick Casey to run again for the Second District WV Congressional seat.  The fact such action is being reported in the news media suggests the DCCC has decided to push Casey and discourage any other candidates from running, much like is being done with Hillary Clinton at the presidential level.


As for Casey vulnerability, I believe Casey could lose the race by even more votes than the last election.  Several issues could cause serious damage to his efforts. Casey is vulnerable for two reasons, his time as Democratic State party leader in West Virginia, and his statements in the last campaign.

While I have only completed a cursory review of the actual voting breakdown, certain things are quite clear.  First, in 2016, there will be massive GOP spending for president and the message will be targeted at two potential Achilles heels for Casey, Barack Obama and Hillary Clinton.


Like it or not Casey is linked to Obama, to DNC leader Debbie Wasserman Schultz, to former Speaker Nancy Pelosi, and to key elements of the Obama program.  As a result, the GOP will portray him as just another party hack doing the bidding of the professional politicians.

His super-delegate and party spokesperson role put him on record supporting what Obama, Pelosi, and Schultz told people to say.  The fact he had to say he was going to vote against Pelosi in the last campaign, if elected, showed his party vulnerability.


His strong support for Obama on Obamacare and energy policy both became campaign issues used against him, and will be larger issues in the next campaign because of the spending in the presidential election.

That same party loyalty over what is good for the people of West Virginia will include his relationship to Hillary who already has her highest negatives recorded and the campaign has barely begun.

Since Casey was on record saying he wanted the Clintons help in his campaign, and he supported her during her State department days, it links him to her and her standing in the polls.


However, from a hypothetical standpoint there may be a far better candidate than either Mooney or Casey.  One who will never get to serve the people of West Virginia because the professional politicians want to keep the seat in the control of professional politicians.
     
My hypothetical candidate is a real person, Clarence E. Martin, III of Martinsburg.  "CEM" Martin possesses about every quality known to elevate politicians to friends and advocates for all the people.

Since this is a key swing district in a key swing state, it would seem one grounded in serving people like Martin rather than parties, is an ideal candidate.  He is homegrown from West Virginia with three generations of prominent family in public service serving the citizens of West Virginia.


Why CEM Martin should be the Congressman, hypothetically speaking that is.

He is homegrown with a statewide network of friends and long go demonstrated a commitment to family, faith, and loyalty.  CEM Martin was a past president of the State Bar Association.  His grandfather was past president of the American Bar Association.  CEM would garner support from a variety of local networks like lawyers, the Chamber of Commerce, religious groups, non-profits, and the business community.

Throughout his career he demonstrated how to serve people and put their interests first.  With Congressional committee staff experience, international experience through think tanks, and his standing as one of the highest-ranking members of the Papal backed Knights of Malta in the USA, he is free of partisan political association.  When you add his family legacy and a charming wife and daughters, he could make a formidable candidate.


Most important is the legacy issue.  West Virginians seem to like authentic, homegrown candidates and if ever there was a race when it should have been evident, it was last year.

Clarence E. "CEM" Martin, III is a Shareholder at Martin & Seibert, L.C. and is the third generation of his family to be a member of the firm. His Grandfather, Clarence E. Martin, President of the American Bar Association in 1932-1933 founded the firm over 100 years ago, in 1908, in Martinsburg.

CEM's parents

CEM is a former Assistant Counsel to the Interstate and Foreign Commerce Committee of the U.S. House of Representatives (now Energy and Commerce) and Trial Attorney for the U.S. Department of Justice. He was a Member of the West Virginia House of Delegates from 1976 – 1982 and held various leadership positions.

In May of 2012, Martin was appointed by the Chief Justice of the Supreme Court of Appeals of West Virginia to chair a select committee to review and revise the Constitution, Bylaws, Rules, and Regulations of the West Virginia State Bar. Mr. Martin has taken leadership roles in a number of professional and business organizations in West Virginia and beyond. He recently served as Chair for the West Virginia State Chamber of Commerce.


He has also served his communities in the following practices:

President of the West Virginia Bar Association in 1991-92
Commissioner on the U.S. Commission on Agricultural Workers from 1988-92
National Board of the American Board of Trial Advocates from 1986-94
Fellow, West Virginia Bar Foundation
Fellow, Litigation Counsel of America
Fellow of the American Bar Foundation
Board of Directors of the Defense Trial
Board of Directors of the West Virginia Chamber of Commerce, serving as Chair 2007-2008
Board of Advisors for Shepherd University serving as its Chair from 1990-92 and 1995-97
Board of Advisors for the Catholic University of America, Columbus School of Law
Board of Directors of Catholic Charities of West Virginia
Board of Directors for Vision Shared
Board of Directors for the West Virginia Education Alliance
Board of Directors for the International Partnership for Human Development
Board of Directors for West Virginia Council for Community and Economic Development
Board of Directors for the Holy Family Hospital Foundation
Board of Directors for the Federal Association of the Order of Malta
Member of the West Virginia Law Institute
Member of the National Association of Railroad Trial Counsel
Who's Who in America
Who's Who in American Law
Honorary Doctorate degree by Shepherd University

Honors

He was named a Super Lawyer in West Virginia in 2008 through 2011,which recognizes the top five percent of lawyers in the state, and named a Fellow in the Litigation Counsel of America in 2007, which recognizes the top two percent of litigators in the U.S.  In 2011, he was named to Best Lawyers in America, which is a peer rated listing recognizing the top lawyers in the U.S.


Also in 2011 he was elected to the Claims and Litigation Management Alliance. The Alliance is a nonpartisan group made up of insurance companies, corporations, law firms, and service providers committed to furthering the highest standards of litigation management.  In 2012 he graduated from the Alliance's first certification program in litigation management held at the Columbia Law School and is a Certified Litigation Management Professional.


In 1992 he was appointed to serve on the West Virginia Council for Community and Economic Development, which developed and directed the State's economic development programs and he  elected its Secretary and served until 1995. CEM also chaired the West Virginia Economic Development Foundation and the West Virginia Economic Development Corporation, which are authorized by the Council as private funding corporations for the State's economic development programs.

He now serves on the board of Vision Shared which works with the State's development office on economic development. He served as President of the Discover the REAL West Virginia Foundation from its founding in 1993 through 2004, focusing on economic development and international trade issues with U.S. Senator John D. Rockefeller, IV.

He is also Chairman of the Berkeley County Roundhouse Authority, which is restoring a historic railroad property. In 2003, Mr. Martin was elected a Fellow in the West Virginia Bar Foundation.


CEM is a member of the Board of Directors for the Holy Family Hospital Foundation which supports the Holy Family Hospital. The Hospital is the only hospital that provides critical, neo-natal care in Bethlehem, in the Palestinian Territories. He is also president of the Washington-Baltimore Chapter of the Patrons of the Arts in the Vatican Museums.

In 2000, Mr. Martin was invested in the Order of Malta as a Knight of Magisterial Grace. In 2003, he was elected to the Federal Association's Board of Directors. In 2004 he was invested as a member of the Order of the Holy Sepulchre, and the Constantinian Order of St. George. In 2007 he was awarded the Cross of Merit by the Order for service to the Order and Church. In 2009 he was advanced in rank in the Order of Malta to the second class in Obedience.


In 2013 when he was named to the Order of St Gregory the Great by Pope Benedict XVI, an honor that was personally presented by the Pope.  It represents the highest award bestowed on a Catholic layperson.  More recently, he has had several private audiences with Pope Francis.

CEM is qualified to practice law before the following courts.  The U.S. Supreme Court, the West Virginia Supreme Court, the U.S. Circuit Court of Appeals of the Third and Fourth Circuits, the U.S. District Courts for the Eastern and Middle Districts of Pennsylvania, Northern and Southern Districts of West Virginia, District of Columbia and Eastern District of Virginia, The Court of Appeals for Maryland, and the Supreme Court of Pennsylvania.


Whew...


Can you imagine that hypothetical candidates like CEM Martin will never get a chance to represent the people of West Virginia when they are exactly what the people of West Virginia need and deserve.

[Note - In the interest of transparency I was a classmate with CEM at the University of Arizona and he has consistently told me he is not a candidate for Congress in West Virginia, though he should be.]

Obamaville July 28 - The Calm before the Storm - Dark Clouds on the Horizon

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Campaign 2016

The clock keeps ticking with about 16 months left before the general election in November 2016 and already the political silly season has started.


The Republican candidates for president see nothing but Red and the Democratic candidates see nothing but Blue and I do not mean in terms of states on the election board.


Why is it the GOP gang of 16, 17, 18, or whatever cannot just leave Obama out of the election?  No one can change history and Obama did break a huge barrier when elected as our first African American president.  If he did nothing else, it was a significant historic achievement.


Many Americans did not approve of his agenda, his foreign policy, his intellectual indifference and other things but Obama is not going to be president any more.  American decency suggests the herd of candidates should focus on explaining what they would do as president, instead of threatening to tear down everything President Obama accomplished.


If I remember correctly, Obama got elected twice to serve as Commander and Chief of all the people and we owe our president respect if nothing else.  The GOP candidates seem incapable of giving us their agenda for the future choosing instead to mount goofy and demeaning attacks on every last thing the president says or does.


Of course, the National Republican Party just magnified the political partisanship when they limited the GOP debates to the top ten candidates leaving at least half a dozen out in the cold.  They could have had two debates of nine each to showcase all the candidates but no, that makes too much sense.


The only result was all the candidates turning up the volume and competing for who can make the most outrageous and incendiary sound bytes to the media in an effort to boost them into the top ten for the debate.


The GOP has no stranglehold on stupidity, however, as Hillary has flip flopped so many times already her Democratic base has no idea what she advocates.  She pleads she is a pauper with $200 million in the bank as she raises $2 billion for the campaign.  Duh...


Her wobbly and Pollyanna-like explanations for violating federal law by keeping top-secret files on her home computer, then erasing all the records before anyone could check her drive, may be one of the biggest blunders in presidential campaign history.  This was her election to lose and she is doing a very good job at it.

  
Running our Government
Now that the Republicans have control of both Houses of Congress, nothing has changed, much like Obama's first two years when the Democrats controlled both Houses.  It is a miracle when any little thing good happens in our nation's capitol and that is a very sorry state of affairs.


Campaign Finance Reform

The failure by Obama, the Democrats, the Republicans, and the presidential candidates to address campaign finance reform is tantamount to criminal neglect and insures the one to three percent of the people with all the wealth in America will continue to control our politicians like puppets on a string.


Foreign Policy Follies

The Obama administration foreign policy of negotiation with our enemies has resulted in a policy of appeasement and undermined whatever international credibility we might have had in the world.  Instead of a Super power, we are a Super wimp, and it may take generations to get past the morass.


Dark Economic Skies

After seven years of empty promises from Obama and both parties, Social Security, Medicare, and Medicaid will still bankrupt our nation in time.  Our health care is the most expensive in the world and we still rank around nineteenth in terms of quality of service.


All the stock markets are the playground of the rich and pushed Joe six-pack out of the market with computers and crooks, crooks the Obama administration has failed to prosecute.  We still have a lot of corruption, discrimination, and even human trafficking, but we never miss a chance to blast other nations for their faults while ignoring our own.


International Terrorism

Terrorism thrives because of the foreign policy stupidity of both political parties.

Wish you voted different?
Economy

Our economy may very well be on life-support, as only the rich seem to have benefited from the economic recovery.  If the American public no longer has faith and trust in our many institutions it is for a very good reason, they do not deserve it.


Hope or a Dope

Still I have hope and remain optimistic that in the end the people will regain control of their government and force our politicians to fix the mess.


The Silent Majority

I never lose sight of the fact that when Obama won re-election in 2012 by the largest margin in his two campaigns, he still only won the overwhelming support of just twenty-six percent of the eligible voters in America.  An astonishing seventy-four percent of the eligible voters did not support him or his agenda.


One day all of our silent majority will finally register and vote and when they do all the money and professional politicians in the world will not be able to stop the tidal wave of reform the people will unleash on America.

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