Proposed Amendment: Presidential Question Time

There is an interesting idea at goldwaterinstitute.org to import the Prime Minister Question Time from Britain and adapt it to the federal and state governments. Apparently, a proposed state constitutional amendment is being considered in Arizona to do just that for the Arizona state government.

I like this idea for Congress and the president as well, as it would at least move the politicians past their part-line talking points and pithy sound bites. I applaud President Obama for the bipartisan health care summit he held late last month in an attempt to seek ideas from Republicans on health care reform. Many in the media thought it nothing more than a show on everyone's part, but I thought some very useful and insightful question and dialogue came out of it. If we had more of that sort of give-and-take, I would venture to guess that the walls of partisanship and group-think would start to weaken.

Here is a version of the proposed Arizona amendment adapted for the federal Constitution:

On request from the Congress, the president shall appear once every two weeks on the floor of Congress to receive and respond to questions from the members of Congress during periods of regular legislative session. The president shall alternate chambers, appearing on the Senate floor to receive questions from members of the Senate, then appearing two weeks later on the House of Representatives floor to receive questions from the members of the House of Representatives. Each appearance shall be for a minimum of thirty minutes and a maximum of one hour, and the majority and minority party of that chamber of the legislature each shall receive one-half of the question time.

Group-think coming to the Senate?

David Brooks has a helpful article in yesterday's New York Times that explains why getting rid of the filibuster is such a bad idea and why turning the Senate into a smaller version of the House of Representatives will not serve anyone well in the long run. The Democrats need to tred very carefully with the process of how they work to pass the health care reform legislation. The means are certainly not justified by the ends, and I promise the Republicans will be back in power one day. And they will take the novel approaches the Democrats develop and use today and perfect them into the new modus operandi.

In the United States, leaders in the House of Representatives have done an effective job in getting their members to think in group, not person-to-person, terms. Members usually vote as party blocs. Individuals have very little power. That’s why representatives are often subtle and smart as individuals, but crude and partisan as a collective. The social psychology of the House is a clan psychology, not an interpersonal psychology.

The Senate, on the other hand, has historically been home to more person-to-person thinking. This is because the Senate is smaller and because of Senate rules. Until recently, the Senate leaders couldn’t just ram things through on party-line votes. Because a simple majority did not rule, and because one senator had the ability to bring the whole body to a halt, senators had an incentive, every day, to develop alliances and relationships with people in the other party.

For decades, individual senators have resisted their leaders’ attempts to run the Senate like the House and destroy these relationships and these humane customs. A few years ago, when Republican leaders tried to pass judicial nominations on party-line votes, rank-and-file members like Barack Obama, Joe Biden and Hillary Clinton spoke out forcefully against rule by simple majority.

But power trumps principle. In nearly every arena of political life, group relationships have replaced person-to-person relationships. The tempo of the Senate is now set by partisan lunches every Tuesday, whereas the body almost never meets for conversation as a whole. The Senate is now in the process of using reconciliation — rule by simple majority — to try to pass health care.

Reconciliation has been used with increasing frequency. That was bad enough. But at least for the Bush tax cuts or the prescription drug bill, there was significant bipartisan support. Now we have pure reconciliation mixed with pure partisanship.

New paper by Jack Balkin: Commerce

Jack Balkin, host of the Balkinization blog, has a new paper that takes a look at the so-called "interaction theory" of the commerce clause. This is a deeper dive and analysis of a theory of interpretation I first ran across from Akhil Reed Amar.