Congress has Failed America

Why Has Congress Failed Americans?

- Joel S. Hirschhorn

The Founders of our nation and the Framers of our Constitution surely did not foresee the day when, of the federal government’s three branches, the public would have the least confidence in Congress. In fact, the public has a little less confidence in Congress than it has in HMOs. At 14 percent, the fraction of Americans with a "great deal" or "quite a lot" of confidence in Congress is the lowest in Gallup's history of this measure -- and the lowest of any of the 16 institutions tested in this year's Confidence in Institutions survey. The Supreme Court received 34 percent confidence and the awful presidency of George W. Bush received 25 percent – nothing to be proud of.

The 2006 congressional elections show that switching power between the two major political parties is an act of utter futility. We have a bipartisan failure of Congress to fulfill its constitutional responsibilities and serve the public. In the end, Democrats may have a different style, but like Republicans are also corrupt, arrogant, and incompetent. Things have gotten so bad institutionally and culturally that we cannot vote our way out of a dysfunctional and destructive Congress as long as the two-party duopoly maintains its grip on our political system.

We no longer have a significant number of members of Congress that rise above partisan political priorities to put the good of the nation and the integrity of our Constitution first.

For our constitutional republic to really work Congress must have the courage and integrity to use its constitutional powers to safeguard Americans’ freedom, security, health, safety and welfare. Even the most distracted and cynical Americans now see Congress has done next to nothing to fulfill its constitutional responsibilities.

Worst of all, Congress has allowed the Bush presidency to accumulate far more power than our Constitution permits. Even after years of arrogant disrespect by Bush and Cheney for our Constitution and Congress itself, Congress is too cowardly to do what they are supposed to do to maintain the structure of our federal government. It has not used the constitutional remedy of impeachment – not to punish Bush – but to preserve the constitutional limits on the presidency.

Add to this: the failure to protect the rule of law; the failure to control spending and reduce our debt; the failure to control our borders and protect our national sovereignty; the failure to stop the insane Iraq war; the failure to stop the many forms of corruption of Congress itself; the failure to restore public confidence in our elections; the failure to stop the excesses of globalization that is destroying our middle class; the failure to address rising economic inequality; the failure to fix our broken health care system; and so much more.

All this has resulted from repugnant runaway politics. Getting elected, grabbing power and enjoying the benefits of office trump governing. Hundreds of members of Congress – in the House and Senate – are mental midgets, embarrassing blowhards, chronic liars, outright crooks, corporate lackeys, and elderly buffoons. They are plutocracy protectors more than democracy defenders. And too many that think they should be president.

So what can the 86 percent of Americans without confidence in Congress do?

Put aside partisan views and stop re-electing members of Congress. Only a handful of incumbents deserve to be re-elected. A very few that never supported the Iraq war, do not use pork spending to reward their supporters, and have worked to impeach Bush, for example.

Now is the time to elect independents and third party candidates to Congress. When one objectively sees the utterly low quality of both Democratic and Republican members of Congress it becomes clear that even a random selection of ordinary Americans would probably do better. But we have thousands of independents and third party members with considerable civic and elective office experience that deserve the opportunity to restore our representative democracy. How could we do any worse? Let’s throw the bums out and give real change a chance.

We also need much greater public awareness that Congress for a very long time has failed to obey the part of Article V of our Constitution that gives us the right to a convention to propose amendments to the Constitution. Such an Article V Convention was created by the Framers as an alternative to Congress proposing amendments. They created this convention option – a temporary fourth branch of government giving us some direct democracy – in case Americans some day lost confidence in the federal government. That day has arrived!

Even Congressman Ron Paul, self-proclaimed champion of the Constitution, has not supported an Article V Convention.

There are many constitutional amendments that deserve public discussion, especially ones to make our government work they way our Constitution intended it to work. We need to strengthen our Constitution to prevent power-hungry presidents, useless Congresses, and Supreme Courts that create new public policy.

Moreover, the one and only requirement to have an Article V Convention specified has already been satisfied, because way more than two-thirds of state legislatures have requested such a convention. Learn more about this congressional disobedience of the Constitution at www.foavc.org, the website of the new national, nonpartisan group Friends of the Article V Convention.

Why has Congress failed Americans? Because Americans have allowed it to fail them. Now is the time for Americans to assert their sovereign constitutional power and take back their country. That means YOU!

[Joel S. Hirschhorn was a senior staffer for the U.S. Congress for 12 years, is a co-founder of Friends of the Article V Convention, and the author of l Delusional Democracy – Fixing the Republic Without Overthrowing the Government.]

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The New China Syndrome

Why the Government Tests Few Chinese Imports

Joel S. Hirschhorn

Massive amounts of Chinese imports are threatening public health and safety. Many food and consumer products pose risks. Lead in children’s toys and jewelry. Toxins in foods for pets and humans, and in toothpaste. Unsafe automobile tires. Many prescription drugs made with few safeguards. The list is endless. The federal government is not safeguarding American citizens through thorough testing of imports. Why?

Simple: The Chinese have us by our budget-deficit balls. Our government depends on China for loaning us money and for not dumping the vast hoard of over one trillion dollars it has accumulated by financing our huge deficits and selling us virtually everything. Dumping dollars is called the Chinese economic nuclear option. They can wreck the American economy any time they want. America is being held hostage because of our government’s disastrous fiscal and trade policies. And, yes, all this middle-class-killing free trade globalization favors corporate interests.

It is hard to keep track of all the ways the American public is being sold out by the federal government as our Constitution and rule of law are shredded. Our jobs are sent overseas and shifted to lower paid illegal and special-visa-legal immigrants. There is no economic security. Banks and credit card companies rape us financially through criminal interest rates and fees. Mortgage companies took advantage of millions of home buyers that now face foreclosure and financial ruin. We pay outrageous amounts for gasoline and, in many parts of the country, for electricity and natural gas. And still 15 percent of the population lacks health insurance, and those with insurance face rising costs. And millions of Americans face hunger and homelessness. And by the way our education system sucks.

Yet the vast majority of Americans that are not in the Upper Class and living lavishly are not fuming, screaming and ready to revolt. They may feel cheated and screwed, but they have not yet concluded that they are politically oppressed – that their government is criminally selling them out, with no end in sight – that their democracy is delusional.

The following facts are typical of so many that should help Americans wake up and prepare for the Second American Revolution:

The top 300,000 income earners in America make more than the bottom 150 million combined.

Ninety percent of the Fortune 1,000 companies have set up deferred pay plans that let their top executives set aside, tax-free, retirement income far above 401(k) limits, and 69 percent have set up “supplemental executive retirement plans” that shield execs from company-wide pension cutbacks. That’s how these fat cats obtain tens or hundreds of millions of dollars. All this continues even though an amazing 77 percent of Americans say corporate executives “earn too much” and 61 percent believe wealthy Americans “should be taxed more.” according to a new Harris Poll.

Billionaire Warren Buffet paid just 17.7 percent of his $46 million in income last year, without trying to avoid taxes, compared to his secretary who paid 30 percent of her $60,000 salary.

The top two execs at America’s largest private equity partnership took home over $600 million last year — and paid taxes on that windfall at the capital gains bargain rate of just 15 percent. And Congress shows no desire to close that tax loophole.

Millions of non-wealthy Americans face home foreclosure and bankruptcy, but right now there are five residential properties in the United States listed at $100 million or more

Like some science fiction fantasy, millions of hard-working Americans are popping anti-depressants with abandon to dull the pain of obscene political and economic realities. American puppets, slaves, and victims obediently obey laws, pay taxes, borrow and consume, and endure stress, fatigue and sleeplessness. Meanwhile, the mainstream media feed them propaganda and entertainment. Worst of all, far too many believe they can elect Democratic or Republican politicians that will make things better. Though millions are suffering, bitching and moaning, they remain stuck in a political stupor. They are unready to rebel politically and take back their country from corrupt politicians and the moneyed interests that control them. They have not become political dissidents – the kind that throughout human history rise up and overturn dreadful ruling classes and governments.

Rather than contagious political activism we have compulsive consumerism. Americans keep borrowing and spending, providing about 75 percent of the economy that mostly benefits the Upper Class. That spending is their potential political power. Yet they do not understand that only by using their spending (and debt) as a political force will they get the government to serve and protect them. That means reducing spending to obtain specific political actions, like cutting spending by 10 percent until President Bush ends the Iraq War.

Cheap Chinese products help keep consumers pacified and distracted, even as Americans lose jobs as industry after industry collapses because of floods of Chinese imports. Our delusional democracy produces delusional prosperity. How much worse must life for ordinary Americans become before the masses rise up in rebellion? Apparently, a lot worse.

By then, China will probably become the world’s only superpower, built with the wealth extracted from the USA. The lesson of history is the rise and fall of great (arrogant, self-indulgent) nations. The USA is in free-fall. Soaring economic inequality is just one symptom.

Cheap Chinese products are a powerful and insidious destructive force. Free trade globalism more than violent terrorism or military attack is bringing America to its knees. But no presidential candidate is making this their main campaign theme. Shame on them. And shame on anyone voting for them. Perhaps if voter turnout dropped to, say, 20 percent, then we might stop playing our bipartisan delusional democracy game and take our country back.

[Joel S. Hirschhorn is a founder of Friends of the Article V Convention at www.foavc.org and author of Delusional Democracy at www.delusionaldemocracy.com.]

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"Rust Never Sleeps"

A Metallurgist’s Insights Into the Minneapolis Bridge Disaster

Joel S. Hirschhorn

The incredible collapse of the Minneapolis bridge will send a message to the nation that has been repeatedly sent for decades, but that our political system has refused to effectively respond to. America’s physical, engineered infrastructure has been in desperate need for massive spending to repair and replace, but the multi-trillion-dollar cost has been rejected by local, state and federal politicians.

First, understand that I have a professional background in this area. My career started as a metallurgist, than I obtained a Ph.D. in Materials Engineering and became a full professor of metallurgical engineering at the University of Wisconsin, Madison where I taught about mechanical metallurgy and failure analysis, and in my consulting practice regularly worked on explaining actual failures of products and systems.

Many academic and professional groups have for years produced countless reports on mounting unpaid public costs for updating our crucial physical infrastructure, including bridges, but going way beyond those to, for example, roads, water and sewer systems, tunnels and much more. Make no mistake: The deeply researched and totally supported case for a massive national infrastructure spending program could not have been clearer. But spending on infrastructure is not sexy and politicians at ALL levels of government have found countless excuses for not facing the totality of the problem. Instead, public spending is dribbled out, dealing with the most urgent problems or, worse yet, the ones that are the most visible to the public. But unaddressed are massive numbers of problems, such as the Minneapolis bridge and thousands more bridges, that our bureaucratic system has learned to game, postpone, rationalize and, therefore, put the public safety at considerable risk.

As a metallurgist I can pretty much assure you that if there is a technically honest and complete investigation, the ultimate explanation of the Minneapolis bridge failure will be related to fatigue cracking in the metal structure. Already, news reports have revealed some prior observation of a fatigue problem with the bridge and that the bridge had a relatively low rating of four out of a possible nine, showing that it was structurally deficient. The game played by virtually all government agencies is to find excuses for delaying the most costly repair or replacement of bridges and other parts of our physical infrastructure. As just another example, in most older urban areas there are constant repairs of busted underground water pipes. What is really needed, but avoided, is a total replacement of very old underground pipe systems – in many places 100 or more years old!

Government inspection programs have been terribly compromised over many years. The incredible political pressures to minimize spending on infrastructure have filtered down to the people, procedures and technologies used to examine bridges and other things. When it comes to bridges it is also important to admit that many aspects of our automobile addiction have raised risks, including enormously greater numbers of vehicles creating heavy traffic during much of the day in urban regions. Add to this the massive increase in vehicle weight resulting from the incredible increase in monster SUVs, as well as huge increases in large truck traffic.

The Minneapolis bridge collapse happened during evening rush hour because that was a period of maximum stress, and that would be the trigger for expanding existing fatigue cracks. Once fatigue cracks get to critical sizes they grow and propagate very rapidly, producing powerful loads and stresses on remaining steel components and creating what appears to be a virtually instantaneous bridge collapse.

The remaining public policy question is clear: Will the nation spend what is necessary? Seven other major bridge collapses in the last 40 years have not done the trick. Inadequate bridge inspection has been a frequent documented problem, as well as some design defects. Many people have already died from bridge failures. But still the nation’s elected officials have not bitten the bullet and agreed to spend trillions of dollars over several decades to bring America’s physical infrastructure up to the most modern standards.

Think about all this the next time you go over a bridge.

[The author can be reached through www.delusionaldemocracy.com.]

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