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Posts Tagged ‘anti-corruption

Represent Us and ‘US democracy’ part 3

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So I previously looked at the model act, the American Ant-Corruption Act (AACA), which was first crafted by the chair of the Federal Election Commission, Trevor Potter, in 2011. How to get Congress to support an act which is contrary to the vested interests of its members? Silver, Lawrence and co argue that the best strategy is to bypass Congress and focus on state and city legislatures. By passing forms of anti-corruption laws state by state and city by city, a momentum for change will be caused, as has occurred in the past with other legislation. Apparently states have control over how any election, including federal elections, are run in each state, presumably including financial contributions to candidates. They cite a 2015 Bloomberg News study which shows that passing these kinds of local laws does lead to a victory in the federal sphere. This has apparently occurred with women’s suffrage, interracial marriage, and same-sex marriage. Once a certain number of states have come on board, federal passage becomes inevitable.

So that’s the argument. Now I want to look more closely at those examples. The Bloomberg News study ‘looked at six big issues—interracial marriage, prohibition, women’s suffrage, abortion, same-sex marriage, and recreational marijuana’. The legislation results are shown in the graph below.

The video looked at three of these.

In the case of women’s suffrage, Wyoming was the pioneer, granting full voting rights to women when it entered the union in 1890. The National Woman Suffrage Movement began to organise over the next couple of decades, and Wyoming’s neighbour, Colorado was the next to ‘fall’, followed by Utah and Idaho (also new states, presumably). After the Great War, the numbers increased rapidly, leading to the passage of the 19th amendment in 1920.

Interracial marriage had a longer and more troubled history due to the north-south civil war divide. Many states had no ban at all, but such marriages were generally frowned upon in the decades following Reconstruction (1865-77), especially in the south. California pioneered major change in 1948 when its Supreme Court, in a tight decision, ruled that its ban on interracial marriage was unconstitutional. Thirteen states followed in the next few years, and in 1967 the federal Supreme Court ruled against all state prohibitions.

The first change to US prohibition of same-sex marriage came in 2004 when the Massachusetts Supreme Court found the ban unconstitutional. Connecticut followed in 2008, and other progressive states followed. In 2013, ‘the U.S. Supreme Court ruled that the federal government must recognise same-sex marriages performed in states where it is legal’. This led to number of state courts lifting bans. The federal Supreme Court made its final ruling in favour of same-sex marriage in mid-2015.

So, the strategy of focusing on state legislature seems a sound one, in the long-term. The question is, how long might this take, and have there been any, or is there likely to be any, initial successes? The strategy is to create grassroots, cross-party campaigns, and the video claims, but without any links to evidence, or any detail, that it has chalked up 85 ‘wins’, with the hope that there will be many more in the future.

Columbia Law School’s Center for the Advancement of Public Integrity (CAPI) provides probably the most comprehensive overview of corruption issues and anti-corruption legislation on a state-by-state basis in the USA. A read-through of a couple of state analyses (Alabama and Florida) highlights, for me, the complexity of the problem. In spite of many reforms, statutes, codes of ethics and monitoring bodies, both these states are plagued with financial corruption problems. It would seem that, for federal success, a co-ordinated program of similar or near-identical anti-corruption and finance-limiting laws relating to elections and public office need to be enacted. Represent Us, with its American Anti-Corruption Act, appears to be aiming at just this. It would also make the federal Supreme Court’s job a lot easier if the appropriate laws are already written, requiring little adjustment to suit the federal level.

Finally, Represent Us has a comprehensive website advertising and providing details of its above-mentioned wins. Many of these seem to be at the city or council level, and I’m not familiar enough with the fine detail of US politics to measure their significance, but clearly it all adds up. This is undoubtedly a vital movement to get the USA out from under this overwhelming weight of money in politics. Another movement, I think, should be seeking to alleviate the poverty and disadvantage in large swathes of the country, to provide those currently suffering under this disadvantage a sense that their vote can make a difference, that they are welcomed contributors to an American community.

Written by stewart henderson

April 3, 2020 at 2:55 pm