In this post I wanted to touch on something that I have dwelled on over the last three years or so. And that is the issue of career legislatures and judges. First off, I want to make my position clear that I do support term limits for everyone in federal elected and appointed offices. I realize that would require amendments to the Constitution. However, term limits is not where I want to go with this and is an issue I will tackle at a later date. For now, I want to focus on what drives some politicians to put their own personal well-being in the political arena over those whom elected them (and in one case, nominated by an elected official).
First up, the late Senator Ted Kennedy.
Back in May of 2008, Kennedy was diagnosed with terminal brain cancer. In November of that same year, the election of Barack Obama as the nation’s 44th President and the convening of the 111th Congress, Democrats where clearly in control of policy making and execution in Washington. Even more so after the seating of Roland Burris and the declaration of Al Franken as the winner of the Minnesota Senate race. Democrats held a super majority without the threat of a filibuster from Republicans. In fact, the House of Representatives composed of 255 Democrats versus 178 Republicans, and in the Senate, Democrats held 60 seats versus only 40 for the Republicans.
Here is where it all went wrong, thanks to Ted Kennedy and poor Democratic leadership.
With Obama taking office with nearly a 70% approval rating and Democrats ready to provide unobstructed “hope and change” (due to the absence of checks and balances), Democratic leaders and the president should have been immediately pressing Kennedy to resign from the Senate and let an interim appointed Senator and special election take place to fill the seat. Before the Tea Party kick off and massive spending in Washington, I would predict that Massachusetts would have easily replaced Kennedy with another Democrat. Instead, Kennedy acted as an absentee Senator with a selfish desire to make healthcare his legacy. Little did Democrats know that the issue would drag on for months and slowly chisel away at Obama’s popularity and that of Congressional Democrats. As a result, Massachusetts elected Scott Brown and the “Kennedy Seat” transferred to a Republican for the first time in 47 years. Now the tables have turned and that one election in the Bay State has enabled the minority Republicans to stifle any and all legislation with the invocation of a filibuster. Reality Check: Democrats 59, Republicans 41.
Lesson to be learned …
The political arena can change at any moment so act and act quickly when making changes to your lineup. Parties must recognize opportunities to better position themselves and advance their agenda even if it means calling for the retirement of long standing members. In this case, the selfishness and ego of Ted Kennedy cost his party the chance to pass healthcare as they envisioned. A retired Ted Kennedy would more than likely have been “consulted” on legislation from leaders and overall been credited with the bill passage. But, a narrow minded desire to participate in the process with a vote has undermined its realization. For an analogy, consider a sports team. It is almost certainly better calling up a reserve when a star gets injured. An injured player can tend to disrupt the flow in a team and make mistakes that can adversely affect the desired outcome. A star knows when to step aside and let someone else fill their shoes. A star that shows loyalty to the team will always get the credit due and a ring at the end of a championship victory even if he can’t play.
Next up, Supreme Court Justice Ruth Bader Ginsburg.
Justice Ginsburg was nominated by President Clinton and confirmed by the Senate in August of 1993. In 1999, she was diagnosed and treated for colon cancer. Then in early 2009, she was diagnosed and treated for pancreatic cancer. Not much information has been reported about her current medical condition but back in September, she was hospitalized for lightheadedness following treatment for iron deficiency. It has not been speculated whether that condition was a result of her cancer treatment or complications from it. To note, the Constitution does not impose term limits on Supreme Court Justices. It is a life long presidential appointment. With that known, the position can be subject to personal abuse from one’s own ego.
Here is the problem, much like Ted Kennedy.
Upon Justice Ginsburg’s recent diagnosis with pancreatic cancer, she should have notified President Obama of her resignation from the court. Again, like Kennedy, the administration could have found a suitable candidate and gone through an easy confirmation process. You don’t believe me? Then I would direct you to the confirmation of Sonia Sotomayor which took place this past August. Justice Sotomayor was confirmed by the Senate with a 68-31 vote count, meaning nine Republicans broke rank and produced a relatively bipartisan result for a liberal leaning judge whom was the center of controversy consisting of questionable racial comments. Ted Kennedy did not vote due to his illness leaving Massachusetts not properly represented although his vote would have been in favor. Now, with Scott Brown elected Senator and Republicans able to filibuster, a retirement of Justice Ginsburg (or any other liberal Justice, for that matter) will surely set up a painstaking process to get any Obama nomination confirmed going forward. Unless the Democrats can produce a centrist/moderate candidate and directly point towards public approval in support of the candidate, more so than was the case for Sotomayor, Republicans will not pass confirmation. God forbid Justice Ginsburg relapses again and ultimately dies while still on the bench, Supreme Court business would be at a standstill or move forward with increased conservative leaning rulings (the court is usually in favor 5-4 on big issues towards the conservative side). This would further disrupt the social agendas moving forward that will more than likely see court reviews such as gay marriage, a revisit of Roe v. Wade, and immigration policy. Let me be clear, I am looking at this from a Democrat’s perspective and it isn’t looking too good.
Lesson to be learned …
Reread the same lesson above regarding Senator Kennedy. Those officials in such positions should be expected to do what is in the best interest of the American people and step aside if personal issues and health complications are potentially affecting the business of the United States. After all, in the armed forces, another field directly serving the country and it’s citizens, you would more than likely face a medical discharge or early retirement as an officer due to such circumstances. Why would we not expect the same from lawmakers and judges?
Finally, Election 2008 analyzed and in perspective.
Consider this question: Could you interview for an obviously better job during the day while not only your current employer is aware of it, but still pays and continues to employ you? I would be willing to bet that 99.9% of you would say “no” citing violations to one’s own moral and ethical standards. So, why do we allow this behavior of elected officials campaigning for higher office?
Through roughly May of 2008, about six months from Election Day 2008, Hillary Clinton, Barack Obama, and John McCain’s Senate voting records where abysmal. In the second session of the 110th Congress, Clinton missed 27% of senate votes, while Obama was absent for 37% and McCain was MIA 56% of the time! What does that mean? Well, how about states represented by only one Senator when the Constitution clearly calls for two. How about getting paid to perform a job which you where elected to do and you never stated presidential ambitions on the campaign trail. How about leaving important legislation for large staffs in DC to muddle over and alerting you to votes in which you can’t miss, but letting the less important ones skate by.
Lesson to be learned …
Voters should demand stricter legislation to curb clear abuse from politicians while they fulfill their own egos, strive towards personal greed, and the lust for power. Unless the campaign is for your own reelection to your current position, you should be expected to vacate your current post if you desire to run for another office. No longer should elected officials have the luxury of falling back on their current jobs in the failure of obtaining another one. It is an injustice to the citizens that voted for you expecting you to represent them on their behalf. This can not be better highlighted than back in Election 2000. Senator Lieberman accepted Al Gore’s choice as running mate. During that time, Lieberman was up for reelection in Connecticut. He focused less on his Senate reelection efforts in Connecticut letting it basically solely ride on popularity and spent a great majority of his time on the national scene. Even though Lieberman was on the campaign trail for three months, he still blatantly neglected his duties to Connecticut and had the audacity to presume a “given” reelection to the Senate. In more recent times, Governor Sarah Palin of Alaska was vetted by the McCain campaign and called to action by the Arizona Senator to run as his VP candidate. The difference here was Governor Palin was on the road for two months and not running for reelection in Alaska at the same time nor approached the McCain campaign about the opportunity on her own behalf. Not disagreeing as much with this particular case, the Governor did the right thing and announced her resignation a few months back to pursue other interest within the Republican Party and her own personal endeavors. I will, however, disagree with the fact that she should have postponed those activities and carried out her term citing loyalty to the voters that graciously put her into office. It is obvious the Governor felt she could disembark due to the fact that Alaska would be left to a Republican Lt. Governor. In any event, it was a much more noble approach than most politicians have shown over the last few generations and looks like they will be showing us going forward. At least on the Republican side, the next election may contain a majority of candidates no longer holding public office such as Mike Huckabee, Mitt Romney, Newt Gingrich, and Sarah Palin.
Ed
Go the distance… TERM LIMITS!!! (for everything)
Agreed. But in the meantime … Common Sense from elected officals including the ability to decide when to step aside. I doubt term limits will ever be a reality. Unless the House and Senate eventually fill up with a new “type” of politican, it will always be business as usual for the elite. Thanks for reading!