By Edward Zelinsky
By selecting Representative Paul Ryan as the Republican vice presidential nominee, Romney confirmed the decline of the traditional role of vice presidential candidates as providers of geographic balance. Ryan’s selection reinforces the shift to a more policy-oriented definition of the vice presidency. This shift reflects the nationalization of our culture and politics and the increased importance of the general election debate between vice presidential candidates.
Traditionally, a vice presidential candidate usually came from a large swing state in a section of the country removed from the presidential candidate’s home state. The classic (and most successful) instance of this once conventional pattern was John Kennedy’s selection in 1960 of Lyndon Johnson as Kennedy’s running mate. Johnson was picked to deliver the electoral votes of Texas and other southern states to a ticket headed by a candidate from Massachusetts. It worked.
A generation later, another Democratic presidential nominee from Massachusetts, Michael Dukakis, emulated Kennedy by selecting as his vice presidential nominee Texas Senator Lloyd Bentsen. This time it didn’t work, but the Dukakis-Bentsen ticket fell well within the tradition of geographic balancing.
The new, policy-oriented pattern commenced in the next election in 1992 when Bill Clinton of Arkansas named as his running mate the senator from next door, Tennessee’s Al Gore. In terms of geographic balance, a Clinton-Gore ticket made no sense — two southerners from neighboring states.
Clinton saw the role of the vice president differently. Gore possessed Washington experience and connections Clinton lacked. Gore thus provided, not geographic balance, but national experience and expertise. This departure from traditional geographic ticket balancing worked for the Democrats both in 1992 and in 1996.
When it was Gore’s turn to choose a running mate in 2000, Gore too departed from tradition, turning to Connecticut’s junior senator, Joe Lieberman. True, Lieberman came from a northern state, Connecticut. But the Nutmeg State, then with eight electoral votes, was not a great electoral prize nor was it in serious doubt for the Democratic ticket. Gore turned to Lieberman because the ethically-challenged image of the Clinton Administration was a problem for Gore. Lieberman’s reputation for ethical probity provided useful ballast to the Democratic ticket.
But it was the Bush-Cheney ticket in 2000 which truly broke the geographic balancing mold. Bush did not pick Cheney for the vice presidency to secure Wyoming’s three electoral votes. Rather, the Texas Governor selected Cheney to bring to the ticket Cheney’s perceived gravitas including his experience as Wyoming’s congressman, Secretary of Defense, and White House Chief of Staff.
By 2008, it was no longer innovative when Barack Obama selected Joseph Biden of Delaware as his vice presidential running mate. Biden was not placed on the ticket to secure Delaware’s three electoral votes or otherwise secure geographic balance. Like Gore and Cheney, Biden was perceived as a Washington insider and policy expert. Biden’s experience augmented a ticked headed by a presidential candidate whose tenure in the nation’s capital consisted of a single, not-yet-completed term in the US Senate.
Ryan fits comfortably within the newer, policy-oriented vision of the vice presidency. It doesn’t hurt that Ryan comes from Wisconsin, a state the Republicans are eager to put into play. But unlike some of the other individuals Romney considered for the vice presidential nomination (such as Senator Portman of Ohio or Senator Rubio of Florida), Ryan doesn’t come from a major swing state. Indeed, Ryan himself has never run for statewide office in Wisconsin.
Ryan was picked because he is a young, articulate conservative policy wonk. Romney chose Ryan because of Ryan’s ideas, not Ryan’s home state.
What has caused this evolution of the vice presidency? A key factor is the nationalization of our culture and our politics. Kennedy and Johnson (as well as Dukakis and Bentsen) were individuals deeply rooted in their respective home states. We have become a more mobile nation. Barack Obama (born and raised in Hawaii, educated in California, New York, and Massachusetts) was a senator from Illinois. But his biography is itself a story of geographic balance.
The same is true of Mitt Romney, born and raised in Michigan, educated in California, Utah, and Massachusetts. Romney’s business career occurred in Massachusetts as did his one term as the Bay State’s governor. But no one even expects Romney to carry Massachusetts in November.
Just as the life stories of the presidential candidates are no longer centered in their “home” states, the electorate reflects America’s mobility as a nation. Consequently, geographic ties mean less today than they did in the past; roughly 40% of Americans today live in a different state than the state in which they were born.
Moreover, modern communications instantly nationalize our political figures. Paul Ryan will soon be as well-known in Texas as he is in Wisconsin. In this world of mobility and instant national communications, geographic ticket-balancing is less compelling than it was in the past.
A second factor buttressing the evolution of the vice presidency is the emergence of the vice presidential debates. When Kennedy and Nixon conducted the first presidential debates in 1960, there was no vice presidential debate between Johnson and the Republican nominee, Henry Cabot Lodge.
Today, the vice presidential debate is an important event on the campaign calendar. In picking a running mate, a presidential candidate must consider this event. My son Aaron and his colleagues at the Presidential Debate Blog correctly observe that Senator Bentsen uttered the most famous line in presidential debating: “Senator, you are no Jack Kennedy.” However, debate skills don’t always correspond with geographic balance. Ryan was in large measure selected because of his ability to go toe-to-toe, rhetorically and intellectually, with Vice President Biden.
We will, no doubt, some day again see a presidential candidate select his or her vice presidential running mate from a large swing state in a section of the country far from the presidential candidate’s home state. But that geographic balancing mold is now longer dominant.
Edward A. Zelinsky is the Morris and Annie Trachman Professor of Law at the Benjamin N. Cardozo School of Law of Yeshiva University. He is the author of The Origins of the Ownership Society: How The Defined Contribution Paradigm Changed America. His column ‘EZ Thoughts’ appears on the OUPblog monthly.
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Image credit: Seal of the Vice President of the United States. Source: Wikimedia Commons.
Let’s first consider the historical setting, as any writer who wishes to make a decisive introduction to retrospective comparison should consider. In 1773 the English Parliament passed a tea act, taxing colonial merchants; and in doing so outraged the Colonists and united them in opposition. When the first small cargoes of tea consigned to Boston, New York, Philadelphia, and Charleston were not allowed to be unloaded, it was a shock to England. The tax was to be enforced and paid by midnight of December 16th. The reaction was swift and nonviolent. The English put up no resistance and the ships were not damaged.
The Colonists, disguised as Indians, boarded the tea ships in Boston the night of December 16, 1773 and dumped the cargoes into the water. The captain’s log book, dated Thursday, December 16, 1773 stated:
Between six and seven o’clock this evening, came down to the wharf a body of about one thousand people, among them were a number dressed and whooping like Indians. They came on board the ship, and after warning myself and the customs-house officers to get out of the way, they undid the hatches and went down the hood, where was eighty whole, and thirty-four half chests of tea, which they hoisted upon deck, and cut the chests to pieces, hove the tea overboard, where it was damaged and lost.
The event was publicized as “the destruction of the tea” but was not recorded as the “Boston Tea Party” until the mid-30s, around 1834/5, when the new moniker was born, for opposing oppressive government control.
The tea party of 1773 united all of the Colonists under a moniker surviving today. Whether protesting as tea party members, as patriots, as occupiers, the opposition and clamor to correct abuses is louder than ever. It gives us our Republic and a Republican form of government.
The Republic is a renovation of the natural order of things, a system of principles as universal as truth and the existence of man, and combed moral with political happiness and national prosperity. It is the natural order to preserve liberty, property, and security as guaranteed rights of man. It extends the sovereignty of such rights into the political associations which comprise the nation and demands that such associations, whether individual, or as a body of men are only entitled to that authority which is expressly derived from the people.
What is called the Republic is not any particular form of government like democratic, aristocratic, or monarchy. It is wholly characteristic of the matter or object for which government ought to be instituted, and to which it is to be employed— A REPUBLIC, the public affairs, or the public good; or, literally translated, the public thing.
It is a word of a good original, referring to what ought to be the character and business of government; and in this sense it is naturally opposed to the word monarchy which encompasses arbitrary power vested in an individual person, the exercise of which is the person, and not the republic.
The REPUBLIC, public thing has as its origin the Greek “Democracy”; however, there are many strong limitations in the Democratic form of government. It ultimately leads to the failure of a true Democracy in guaranteeing the innate rights of man.The true distinction between a Republic and a Democracy is that in the Democracy the people meet and exercise the government in person. In a Republic, they assemble and administer it by their representatives.
Democracy will, by necessity, be confined to a small spot. A Republic may be extended over a large region. Mitt Romney’s negative ad attacks on the Obama presidency and healthcare reform are an example of this kind of modern comparison.
Democracy works well as a form of government where limited in scope of size and population it can conduct the REPUBLIC or the public business of a nation until, however, it becomes too extensive and populous. Democracy cannot work effectively as the separate parts soon become oppressive once becoming powerful.
Space and size quickly destroy the effectiveness of Democracy. Ancient Greece discovered this quickly as power shifted from Athens, and the demand for centralized power in the government arose out of strength, not voice. Under a Republic, the public voice, as pronounced by the representatives of the people, is more consonant to the public good than if pronounced by the people themselves.
Our Tea Party fought not so much for sovereignty, but for the public voice to be heard by abusive powers. Their voice, being unheard, soon results in a voice demanding to be heard. They wanted representation then, most of all. And when denied, the very voice which believed in natural law, gave birth to a new nation and a new form of government: the Republican Form.
This startled the world juxtaposing a new voice within a Democracy. A people’s voice creating a Republican form of government: a government established and conducted for the interest of the public, as well individually as collectively. It did not connect with any particular form which the world understands.
It defies being subservient to another power and declares itself sovereign by divine right and by voice. And that voice declares itself by representation.Adding representation upon Democracy creates a system of government which embraces and brings together all the various interests and every extent of territory and population known.
The Republican form of government immediately concentrates the knowledge necessary to the interests of the parts and of the whole. The whole is now the nation, the parts are states, the people are also parts of the whole, yet their collective voices, by representation, become the whole.For once, government can be seen as the child of the voice of the people who created it. Every man is a proprietor in government, and has the duty to consider it a necessary part of his business to understand. The Republic concerns his interest, because it affects his property, his life, and his pursuit of happiness.And these interests have costs which derive themselves from all men being created equal.You can examine the cost and compare it with the individual or collective advantages. And your voice, alone must represent your examination before all others.
With the advent of a Constitution enumerating what you grant, you do not have to adopt the slavish custom of following what in other governments are called leaders.
As Benjamin Franklin quickly noted when asked what kind of government is formed, he answered prophetically: “A Republic, if you can keep it.”
It is not easy to preserve and keep a Republic once it begins to fall away. The heart of the republic is the voice of the people and the voice of the people is expressed through its mandated representation.
How often have you heard representatives say, I voted for the “good of the country”, or for the “good of the party”, when the voice going unheard is the voice of representation which says… vote for the good of the republic within the district you represent?
Representation must represent only those constituents who exercised the sovereign right to put them in power and position to represent.
Your Congress represents elected officials representative of a part of a whole. They are not the whole, nor can they represent the nation without consent from the majority of the other parts which form that whole. The whole is the nation; however, the voice of the nation is the people collectively expressing themselves through individual representatives.
A nation is not the body, the figure of which is to be represented by the human body; but is like a body contained within a circle, having a common center, in which every radius meets; and that center is formed by representation. The representatives, too, represent themselves only as a part of their very constituency and are one voice within their collective membership when in Congress Assembled. There can be no vote taken by them for the “good of the country”.
As representatives sitting in the federal government, the “good of the country” only occurs concomitantly with the consent of the rest of the nation.What is government but more than the management of the affairs of a Nation? It is not, and from its nature cannot be, the property of any particular man or family, but of the whole community, at whose expense it is supported; and through by force and contrivance it has been usurped into an inheritance, the usurpation cannot alter the right of thing.
Sovereignty, as a matter of right, appertains to the Nation only, and not any individual; and a Nation has at all times an inherent indefeasible right to abolish any form of government it finds inconvenient, and to establish such as accords with its interest, disposition and happiness. Every citizen is a member of the collective sovereignty; and as such, can acknowledge no personal subjection – his obedience can be only to the Common Laws.
As members of the national government, the good of the country is only that under powers given by citizens, and granted to the national government, such as the management of foreign affairs wherein the states waive all rights to make a treaty, enter into an alliance, receive a foreign ambassador, or deal in any way with a foreign government.
The balance of power, conversely, and ultimately, flows from the bottom up rather than from the internationally recognized top down. Such principles of Declaration are the truths to restore our Republic. They are reserved in the declarations made by the Tea Party forefathers. What have we learned?
That man has rights, — life, liberty, pursuit of happiness. This is the legacy left us. The ideal of individual liberty, that an individual has certain fundamental and inalienable rights which municipal, state or federal government can never override without permission.Governments exist for the benefit of the governed to secure and protect those rights of man. Government is FOR the people.
And that these governments “derive their just powers from the consent of the governed.” Government is OF the people and BY their consent. Whenever any government usurps power and becomes destructive of the rights of man, then it is the right of the people to overthrow that government, and when necessary to do so, it is also the right and duty of the people to establish a new government on whatever principles and in whatever form will insure to them life, liberty and the pursuit of happiness.
That under law and government, and in the protection of the rights of the people “all men are created equal” and must be allowed the fullest and freest exercise and development of their natural powers.
And that these governments“derive their just powers from the consent of the governed.”Government is OF the people and BY their consent.
Whenever any government usurps power and becomes destructive of the rights of man, then it is the right of the people to overthrow that government, and when necessary to do so, it is also the right and duty of the people to establish a new government on whatever principles and in whatever form will insure to them life, liberty and the pursuit of happiness.
That under law and government, and in the protection of the rights of the people “all men are created equal” and must be allowed the fullest and freest exercise and development of their natural powers.
And to do so, our forefathers decreed: “there shall be freedom of speech, freedom of the press, freedom of peaceable assembly, freedom of petition. The homes of the people shall be secure against search, seizure, or intrusion, except by legal process. No person shall be twice put in jeopardy of life or limb for the same offense, nor shall any person be deprived of life, liberty, or property without due process of law.”
Continuing, “no bill of attainder or ex post facto law shall be passed. The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it, but any one accused of crime shall enjoy the right to a speedy and public trial by an impartial jury of the State and district wherein the crime may have been committed. He shall not be arrested except by legal process; he shall be informed of the exact nature of the accusation; he shall be confronted by the witnesses against him, and shall not be compelled to testify against himself.”
Some of those who represent us now in Congress Assembled are ineligible to represent us and have lost their citizenship.
Do you know the ORIGINAL THIRTEENTH AMENDMENT was passed in support of Article I, Section 9, of the United States Constitution?
“No Title of Nobility shall be granted by the United States: And no Person holding any Office of Profit or Trust under them, shall, without the consent of Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State.”
Said original Amendment is a matter of record notwithstanding it being continuously omitted in reproduction as it clearly provides the penalty for enforcement of Article 1, Section 9.
The ORIGINAL THIRTEENTH AMENDMENT
Passed by Congress February 1, l865“If any citizen of the United States shall accept, claim, receive, or retain any title of nobility or honor, or shall, without the consent of Congress, accept and retain any present, pension, office, or emolument of any kind whatsoever, from any Emperor, King, Prince, or Foreign Power, such person shall cease to be a citizen of the United States, and shall be incapable of holding any office of trust or profit under them, or either of them.”Is it any wonder, then, that the following two questions might just be answered with an emphatic: NO!
Can any attorney taking oath to any Bar association which pledges itself to the Crown of England still be a citizen?
Can any Congressman, in the House or Senate, accepting financial support from corporations or lobbyists outside their constituency and venue still be a citizen?
Thus, it is time again to restore America to its rightful place in history as that nation which first introduced the Rights of Man as being the grantor of power and privileges to uphold and defend its rights.
To do this, the Republic needs the voice of the people once more. We need to speak again as in 1773 where the real intent of the Boston Tea Party was not to just dump tea in protest of taxation. It was to demand representation and voice. Again, today, We the people, need to speak.It is our duty. Our rugged Constitution clearly gives us the Right to speak within our Bill of Rights with no less than six specifically identified amendments.
THE CONSTITUTIONAL VOICES
The only lawful constituent voices are those who can delegate representation in municipal, State or Congressional districts, and are limited to:
CITIZENS, who have been identified and are registered with district rights to vote for representation at municipal, State, or federal levels.
CORPORATIONS (like Mitt Romney‘s Bain Capital) which have only recently been identified by the U.S. Supreme Court as being persons.
Under Article XIV, Section 1, and having corporate headquarters in a specific Congressional district, they may lobby (one vote) only in their district for representation at municipal, State, or federal levels.We need now reformation of the process of creating and submitting bills for consideration and ratification. The following procedures are suggestive ballot measures to be sent via e-mail, blog, or what have you, to your representative or as a ballot measure for submission to voters on the next ballot to bring back the voice of America for the benefit of its people.
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Representative and former Vice Presidential candidate Paul Ryan has inked a book deal with Grand Central Publishing’s Twelve imprint.
