Congressional Dysfunction
By Paul Adams
()
About this ebook
An analysis of why the 21st Century Congress represents the worst nightmares of the Founding Fathers. Examines the Ensign & Weiner scandals, excessive Congressional pay and benefits and fundamental legislative incompetence. Explains how ‘safe’ districts produce weaker candidates, marginalizes moderates and creates the nest of partisan vipers that infect Capitol Hill.
Paul Adams
Paul Adams, PhD, is a Research Officer in EPSRC’s SUPERGEN Bioenergy Hub and the Department of Mechanical Engineering at University of Bath, where he also teaches on the Energy & Environment and Integrated Environmental Management courses. He is currently working on several environmental and economic assessment and modelling research projects within the Sustainable Energy Research Team (SERT). Specifically, he is leading two work packages within the SUPERGEN Bioenergy Research hub, a research collaboration between several industrial and academic partners, assessing different bioenergy systems using life cycle assessment, and through the development of environmental/economic models.
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Congressional Dysfunction - Paul Adams
Congressional Dysfunction
By
Paul F. Adams
There is no little blue pill to treat Congressional Dysfunction
only the ballot box.
Congressional Dysfunction
By Paul F. Adams
Published by Paul F. Adams
Smashwords Edition
Copyright 2011 Paul F. Adams
Dedication
per la mia principessa
Acknowledgements
Melinda
For putting up with me all these years and helping me with this and all other ventures
Diane
For carefully reviewing the manuscript.
Any errors found are mine alone
Table of Contents
Chapter 1: Are We the People Properly Represented in Congress?
Congress Has No Self-Discipline.
Congress Has Grown Apart from We the People.
Congress is Legislatively Incompetent.
The Historical Perspective.
Chapter 2 - The Ensign & Weiner Scandals Are Indicative of Congress’ Lack of Self-Discipline.
The Scandalous Senator - John Ensign (R-NV)
General Background Information – John Ensign (R-NV)
The Misconduct
Findings of the Special Counsel
Questions Raised By The Special Counsel Report
The Reprehensible Representative – Anthony Weiner (D-NY)
General Background Information – Anthony Weiner (D-NY)
Weinergate
The Lying Offensive 27 May – 6 June 2011
Twisting in the Wind 7 – 20 June
Weiner as Sexual Predator and Flasher
Chapter 3 - Integrity – What Happened to the Concept of Sacred Honor?
Senate Ethics Rules & Code of Conduct.
House Ethics Rules & Code of Conduct.
Lame Defenses That Have Been Advanced.
The He did not break any laws
defense
The Vitter
Defense
How About A Congressional Honor Code.
Chapter 4 - Congress Considers Itself Superior To We the People.
Congress Condones Sexual Harassment In Its Halls.
Congressional Pay Is Excessive.
Congressional Health Benefits are Excessive.
The Congressional Retirement Plan is Excessive.
Congress Benefits Squander Public Funds.
Taxpayer Subsidized Travel with Spouse and Staff.
Honorarium
Chapter 5 - A Context For Evaluating 21st Century Legislative Incompetence.
The Law No One Read - Healthcare Reform in 2010.
Who’s on First – Stumbling Around The Budget Crisis of 2011.
Chapter 6 - A Perspective on What Congress Was Intended to Be.
Parliament and the American Revolution.
Understanding the Articles of Confederation.
The Constitutional Convention & Ratification Debate.
Chapter 7 - The 21st Century Congress Is the Founding Fathers’ Worst Nightmare.
Good Intentions Gone Awry.
The Realization of the Arguments Against The Proposed Congress.
Chapter 8 - Constituent Bill of Rights.
Chapter 9 - The Responsibilities of We the People.
About the Author
Endnotes
Chapter 1: Are We the People Properly Represented in Congress?
Is the Congress of 2011 what the Founding Fathers planned for it to be, or has it become the embodiment of their worst nightmares? During their serious and public debate on the nature of the proposed legislative branch, the Founding Fathers probably never expected that the Congress they were creating would degenerate into a legislatively incompetent, over-compensated millionaires club whose members would accept sexual predators in their midst and condone lying to We the People. Not anticipating modern political parties, the Founding Fathers would not be pleased to know that elections would be rigged to create safe districts to create a balance of power between those parties in a way that effectively disenfranchises voters. The Founding Fathers would be disheartened to know that the bond they intended between We the People and Congress has almost been obliterated; they knew that such a bond was critical if We the People were to have any confidence in our representatives. Faced with a Congress more interested in reelection than solving problems, the United States has achieved their worst nightmares.
Polls register a near universal dissatisfaction with Congress, a contempt that collectively Congress has worked hard to deserve. Congressional approval reached a record low in December 2010 when 83% of We the People disapproved of the way Congress was doing its job. Congressional dissatisfaction was bipartisan; only 16% of Democrats, 13% of Independents and 7% of Republicans approved of the job being done by Congress.¹
As of mid-July 2011, Congressional approval hovered at 18% with dissatisfaction remaining bipartisan; only 24% of Democrats, 18% of Independents and 14% of Republicans approve of their Congress. The high point of Congressional approval was 84% in October 2001, in a rally associated with the aftermath of the 9/11 attacks; it has been downhill ever since.²
"That Government is no more than a choice among evils, is acknowledged by the most intelligent among mankind, and has been a standing maxim for ages." Patrick Henry
While today we take our Constitution for granted, in its day it was considered by some to be radical and unnecessary. Pro-Constitution – Federalists, led by James Madison, John Jay and Alexander Hamilton, argued for the Constitution. Those opposed to the document, called Anti-Federalists, included Patrick Henry, Samuel Adams, George Mason, Robert Yates, Thomas Paine, Samuel Bryan and Richard Henry Lee. Anti-Federalists warned that the new government was unnecessary and would be problematic.
Anti-Federalists warned there was no way to hold Congress accountable, it would become an enclave for the rich, wasteful in spending money, oppressive in taxation and ultimately be detached from We the People. Federalists argued that the Constitutions included sufficient provisions to maintain the critical bond between the Congress and the People.
The Congress of 21st Century America confirms the worst fears of the Anti-Federalists; the safeguards intended in the Constitution have broken down over time and are not functioning as planned. The Federalists intended to create a legislative body responsive to - and representative of - We the People; a Congress that would engage in vigorous, public debate to resolve national issues. That ideal body has evolved into an elite ‘Club Congress’, filled with millionaires, that has proven itself incapable of exercising any self-discipline, placed itself in a superior position to We the People and demonstrated such a fundamental legislative incompetence that they have brought the nation to the brink of financial disaster.
For too long, the actual focus of Congress has been on their reelection and their retention of power, not solving national issues. The connection between We the People and Congress, considered so vital at the time of the Constitutional debate, has withered and is dying. The reality is that the connection between fellow members of Congress is stronger than their connection to their constituents.
Congress Has No Self-Discipline.
When did We the People start tolerating conduct from Members of Congress that we would not tolerate from our own children? Scandals are never ending and Congress repeatedly proves it is incapable of exercising any form of self-discipline. This is true even when faced with clear evidence of conduct that, if it occurred outside the halls of Congress, would cause a member to feign outrage and call for hearings. While there are, unfortunately, a vast number of scandals to discuss, consider just two recent resignations to see how the worst fears of the Anti-Federalists have come to pass.
Senator John Ensign (R-NV) resigned his seat effective 3 May 2011; Representative Anthony Weiner (D-NY) resigned his seat in the House of Representatives effective 20 June 2011. A West Coast, family values
, Pentecostal Christian, Republican senator and an East Coast, progressive
, Jewish, Democrat representative; while these two had little in common on political issues, the misconduct that led to their resignations has more in common than meets the eye.
Both Ensign and Weiner were sexual predators roaming the halls of Congress. Ensign preyed on his campaign staff, pressuring an employee into a sexual affair that destroyed a family. Ensign’s target was both the wife of Ensign’s best friend and the best friend of Ensign’s wife. In covering up the affair, Ensign misused his Senate staff, violated campaign finance laws by making improper payments and ignored lobbying laws because they were in the way of his cover-up. At least one other Senator knew of Ensign’s affair, his lies and manipulations and chose to help Ensign cover up this affair. That Senator also knew that Ensign’s misconduct would bring dire consequences to someone not a member of Congress.
Weiner engaged in inappropriate sexual Internet messaging with women and then, when caught, engaged in a weeklong campaign of blatant lies to protect himself and his position of power. Weiner used his Congressional office as a background for cheesy pictures and as a prop in his campaign of lies; he duped his loyal office staff to support his lies and attempt to defend the indefensible. Once Weiner admitted that he had been lying for a week, the initial reaction of Congressional ‘leaders’ was to make a lame call for an ethics investigation in the hopes that this would go away.
Different coasts, different political viewpoints, nearly identical conduct; Ensign and Weiner both engaged in significant personal sexual misconduct, followed up with lies as part of arrogant attempts to cling to power that derive from a perverted sense of entitlement to power and position. The conduct of Ensign and Weiner is despicable; what is worse is that other members of Congress either directly or indirectly supported both.
Ensign, Weiner and their lame, partisan defenders assert that neither did anything illegal. Ensign and Weiner both know this assertion is not true; their partisan defenders prefer to defend a fellow member of Club Congress than take a firm stand in support of an institutional standard of integrity.
We the People rightfully expect our Congress to have standards and for misconduct by members to have consequences. What is the standard of conduct for Members of Congress – that any action not a clear violation of law is perfectly acceptable? While We the People expect a certain level of partisanship, we also expect - and are entitled to – integrity, basic honesty and some sense of decency from our representatives.
When a man who is honestly mistaken hears the truth, he will either quit being mistaken or cease to be honest.
Abraham Lincoln.
Patrick Henry warned that the Constitution assumed that legislators would be good and moral people, warning that the document did not provide for any accountability if that underlying assumption proved wrong. Henry thought it was foolish to think that legislators would pass any laws that would actually discipline themselves for wrongdoing. He was right, the