| More Than Housekeeping |
9 June 2003
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Amending the Constitution to Deal with Terror Threat
In the debates over the appropriate response to the threats America faces in the 21st century, the debate on how to amend the constitution to deal with a possible decimation of the Congress is one of the more high minded and significant discussions underway. A bipartisan panel, the Continuity of Government Commission, is currently studying various solutions to the problem, and numerous suggestions have been made. While none is perfect, some are more worthy than others.
One of the ideas is to have each member of Congress appoint beforehand his or her successor in the event of a sudden passing into the great division lobby in the sky. This is prudent only to the extent that the representative is prudent. Some sort of check is needed, lest the country find itself awash in unqualified widows and widowers as members of the legislature -- being governed by the Nancy Reagan and Denis Thatchers of the world is an appalling prospect.
A step down the ladder of wisdom, though, is allowing governors of the states in question to appoint successor legislators, with or without the proviso that the party affiliation is the same. The idea of a governor appointing a single legislator is not worrisome, but the idea of a Governor Davis or Governor Pataki appointing a couple dozen is. The concentration of power is excessive.
Less wise, in that it is far more political, is to let the state legislatures choose. The right to select senators was taken from these talking shops about 100 years ago, and judging by the results, it was a step in the right direction.
Of course, the idea of letting the people decide things in a direct, post-attack election, strikes the correct populist chord. Unfortunately, with several elected officials dead, this solution will result in the election of extremist demagogues. While extremism in the defense of liberty is no vice, letting damned fool hotheads run roughshod over civil liberties in the name of preserving freedom is.
In the end, whatever amendment is passed will be an improvement over having no mechanism at all. Under the current arrangement, a quorum is a majority of living members, meaning in the event that only five are alive, three can get together and pass legislation, impeach the president, and declare war. That cannot continue.