Working Paper
This essay tries to demonstrate how America’s governance system, long regarded as an example for democracies to follow around the world, radically changed in nature through the introduction of legislation that allowed the abolishment through Citizens United vs FEC Supreme Court ruling of 2010 that abolished limits on donations from individuals, corporations, and labor unions to Political Action Committees (PACs).
It then argues how this democratic loophole, in conjunction with a second one that allows unlimited terms for elected officials, has turned the elected body of officials into a gerontocracy that has become entrenched in its own survival, and unresponsive to the people these officials are meant to represent.
Furthermore, and even more fatal, is that the combined effects of these two loopholes has blocked the Amendment System that the framers of the Constitution designed, being aware that the Constitution they had framed was imperfect and needed to be regularly reviewed and updated in order to build the “ever perfect Union” these founders envisioned. One immediate conclusion is that the current US electoral process is no longer the means for “We, the People” to sanction politicians that do not contribute to build this Union, do not seek to establish Justice, nor insure domestic Tranquility, nor promote the general Welfare or secure the blessings of Liberty.
It shows how any governance system, no matter how good in appearance or public opinion, is unavoidably imperfect, remains work in progress, and how it can become corrupted by apparently simple rule changes whose far flung effect are hard to fathom the day they are approved.
Finally, it is intended as a reminder of the vital necessity of any governance system to be regularly reviewed for the extent it continues to foster the goals it was established to serve and promote.
Faculty
Emeritus Professor of Technology and Operations Management
