By Doug Knowles ~ February 28th 2019
Why did our forefathers, give us a republic?
It was not easy for them to agree on the best form of government for the newly liberated nation. They did much research, analysis, and debate to come to the final definition of our Constitutional Republic.
A large portion of the consideration was to the understanding of the failures of other efforts both currently and in history, and how those failures would be prevented.
The types of governments they had to consider at that time, were vulnerable to and ended in rebellion and chaos. They looked at the failures of the ability of the ruled to rule themselves. Their ultimate goal became the concept of Governoring by those that are being Governed.
Chaos, being the absolute enemy of any government, how could they keep chaos in check. Balance the powers of the governing and the governed.
From this, the concept of a Constitutional Republic was born. A form of government for the people and by the people. Throughout history, the attempts at pure democracy also ultimately failed in chaos — the inability to control the leadership by the governed.
The separation of powers with checks and balances allowing for organized intervention when the balance of power or control becomes detrimental to the republic was what would be attempted.
The branches of Government were organized to define not only responsibility but also accountability.
The legislature would be the body by which laws and fine tuning of the government would take place as well as the control of the spending.
To control chaos, they created a House of Representatives and a Senate. Each state would have two senators elected by the people. Each state would have an equal number of representatives to the population divided into equal districts of the population.
This was done to balance the legislative branch of government, between the two types of representation — equality of the states and the separate equality of the population as a whole. Last but not least, the decisions approved by both bodies have the President as a check and balance to veto.
The executive branch was created to operate the functions of governing based on the rules put in place by the legislature. It includes a President and Vice President elected by the states through a process called the electoral college. The today electoral college consists of 538 electors each having a vote. An absolute majority of 270 electoral votes is required to determine the President and Vice President, team.
Electors are chosen by a method provided in each state’s constitution, and a number of electors equal to the representatives and senators combined representing the state in the legislature.
A national election for the President and Vice President team is held in each state. However, the members representing the state may be chosen by other methods. It is presumed, that the votes of the electoral college members will represent the results of the state’s election but is not required; it is based upon each state’s constitution.
A third, branch of the government, the Judicial, was created to be an arbiter between not only the Executive and Legislative branches, but between the government and the people as well as between the people.
Power and Control
In our Constitutional Republic, anything not covered in the constitution is left to the states. However, the states must yield to the constitution of the republic in the constitution of the state.
As the States, Counties and Cities were formed; they were encouraged to follow a similar approach for the same reasons that a republic was chosen.
The Model from the republic was separately elected branches and something similar to a legislature or commission or council. Most states have an Executive Branch; A Governor and a successor, a Judicial Branch; an Attorney General and a Legislature; Assembly and Senate.
At the county levels things change, the legislature is replaced by a council or commission, but in most cases, the judicial, and law enforcement are still elected by the people making them a separate branch elected by the people.
The county, being the closest government to the people, has the ultimate jurisdiction and constitutional protection for the people.
The sheriff has the authority to stand between the people and any of the governments any issue of natural rights protected or not by the constitution of the republic.
Why and How are we the people losing the Power and Control
The only way we as individuals lose Power and Control is either delegating it or allowing to be taken. The constitution protects your ability to vote in or out the folks that you are delegating the power and control to.
Simple process until we allow it to be changed.
So far we have described what is referred to as the Layer Cake Republic. Each layer of government has controls that define them, and each layer has power and controls that are defined by the layers above or below.
Then comes what we call the Marble Cake Republic. This concept describes what we are seeing happen in the structure of government today.
Examples that turn the Layer Cake Republics to Marble Cake Republics
Starting in the legislatures, we find that they are delegating the power and controls we have given them to executive branch bureaucracies. When this happens, we as voters lose our power and control as our elected officials have delegated those powers to non-elected bureaucrats.
Anytime one of our Powers and Controls gets delegated to a non-elected official we lose our power and control of our vote.
Now comes the regional Boards and Commissions. An example would be a regional water board. The member cities agree to create a board/commission for the purpose of making decisions and rules about water issues. This transfers the power and control of an agency. They appoint representatives to the board from each member city/county.
There go the powers and control of electing those that represent your interests on those matters.
Bad court decisions applied globally are another culprit.
A court decision, Reynolds v. Sims, 377 U.S. 533 (1964), forced western states like here in Nevada to change how senators are elected and allocated to the counties. The legislature in Nevada was originally set up like the federal government, with a senator allocated for each county and the assembly members elected by district based on population. Now the senators are determined by districts created based on population.
This change had the effect of giving a majority of senators and assemblymen to the largest populated county in the state. My county here in NYE shares both an assemblyman and senator with five other counties districts. The Rural counties are no longer represented fairly.