It’s not cynical when looking at the incentives. Once a rule is in place for “safety” reasons the political cost to remove is really high (what if something bad happens?). Politicians won’t touch it. That’s why I think exceptional measures should expire automatically (on a date or when a hard condition is met)
>That’s why I think exceptional measures should expire automatically
I'd go even further than this, I'd argue that all laws that ordinary people are likely to come into contact with in the course of their everyday life should have an expiry date, forcing a debate every x decades as to whether or not they're still fit for purpose. The date could be variable based on the nature of the legislation, but this mechanism would be fantastic for forcibly clearing out a lot of society's "technical debt".
This mechanism in my opinion would have stopped the lingering damage from moronic wars on abstract concepts. There would have to be some exceptions of course, things like fundamental liberties and human rights for example can't ever be negotiable in a civilised society. There's also an awful lot of very sector-specific legislation which probably doesn't need to be directly re-written every couple of decades too, although society at large won't be coming into contact with it much either so it's not really in the scope of the goal which is to stop yesterday's issues leaving nasty remants for today's societies.
I think that would just cause issues like with the debt ceiling, but instead of a "government shutdown" we could have critical laws expiring and their renewal being held hostage.
This would fit quite nicely into another fairly radical idea which is to reform our countries as "zero party democracies". It strikes me that a lot of political ills come from within parties rather than governments due to the gulf between "party" and "country" and all the conflicting loyalty it causes. We could abolish parties altogether and instead elect all our representatives directly as independents, who would in turn appoint the executive branch from among themselves for a fixed period of time. We could even deprive the media of their ridiculous circus around general elections by abolishing them too and instead just having rotating by-elections in each seat which gives you the same amount of democracy but far less artificial conflict. Admittedly, this would work a lot better in parliamentary systems and would need to be adapted for presidential ones.
There's no "us versus them" in this scenario, just "us". This approach immediately takes the poison out of the barb and makes politics far less adversarial. Politicians would be forced to rely on the strength of their arguments and the quality of their local representation rather than the colour of their rosette to get re-elected, and it also makes corruption more difficult as it's far easier to bribe a few members of the party top brass than it is to bribe 50% + 1 of a parliament. Of course informal alliances will form between politicians but that's fine as long as it happens transparently and within the public institutions which are accountable to all, this is very different to a party which is only accountable to its members.
> We could abolish parties altogether and instead elect all our representatives directly as independents
No, we couldn't. I mean, we could eliminate formal parties, but making factionalism less transparent doesn't eliminate it, it just makes it harder for voters to know what they are getting.
There's plenty of research about both better proportionality of results and more supported parties improves most measures of health of democracies, including popular satisfaction with government.
> There's no "us versus them" in this scenario, just "us".
Just because the labels associated with “us” and “them” don't appear on formal organizations or besides names on the ballot doesn't mean they don't exist. (You can see that within parties now—the harsh divisions between the progressive and neoliberal wings of the Democratic Party don't need separate formal parties, or even entities of any kind, to exist; further, the well-defined factions that became the original US parties existed and were widely recognized before formal parties did. Parties are a product, not the source, of factionalism.)
We'd be bringing it into the public sphere where it can be regulated better at least, that's already an enormous improvement. I just think it's insanity to let essentially private and unaccountable organisations have this much power over ordinary people's lives. Laws should be made as part of an authentically democratic process that at least tries to involve the whole socio-economic makeup of the country, not as a result of private intrigues in the party's membership and leadership which represents a much smaller fraction of the population and obfuscates everything to the point that the vast majority of us won't hear about what actually happened until years after the fact when memoirs are published. Would there not be far more democracy if it were exercised directly rather than through the distorting lens of a party?
I'll be honest, I've followed politics in my country since the age I could vote and I'm struggling to think of anything positive other than perhaps improved decisiveness in a crisis that parties bring to the table that couldn't be achieved more transparently and efficiently in a non-partisan system. What they do bring to the table is an enormous attack surface for egotism, corruption, and intrigue.
> We'd be bringing it into the public sphere where it can be regulated better at least, that's already an enormous improvement
In the US, political parties are in the public sphere and extensively regulated, unlike private entities that are not political parties but engage in political campaigning independent of formal parties and individual candidates.
Abolishing formal parties in the US would increase, not limit, the role of unaccountable entities driving political factionalism.
I'm not American, but wasn't the US government itself a non-partisan entity prior to and in the period immediately after independence? Either way, I get that they're regulated in theory as part of the public sphere but that's not the point I'm getting at, the point I'm getting at that in practice these parties often behave as vehicles for private (and often fairly elitist) interests and as a result I think their useful functions should be carried out more directly by democratic parliaments where they can be scrutinised more transparently.
> but wasn't the US government itself a non-partisan entity prior to and in the period immediately after independence?
Yes, the intense factions that sprang up without parties immediately after adoption of the Constitution formed the nucleus around which the first parties formed. Parties are a symptom, not the source.
> the point I'm getting at that in practice these parties often behave as vehicles for private (and often fairly elitist) interests
Yes, elite factions do that whether they are formalized as parties or not.
Banning formalized parties has no effect on that.
> I think their useful functions should be carried out more directly by democratic parliaments
There is no possible configuration of laws which would produce that effect.
How would you prevent someone from creating a Democratic Non-party and Republican Non-party that endorse "non partisan" candidates? Would you ban the endorsements of candidates outright? That would seem to cause it's own issues.
You probably would have to ban entities like corporations, partnerships, and non-profits from endorsing a candidate. It would essentially extend and make permanent the concept of Purdah to those entities. Purdah is the state of affairs during the pre-election period in the UK where entities like local governments and the Civil Service can't say anything that might prejudice the outcome of an election, though I can't argue that it wouldn't be a very draconian policy and doing something completely different to the original intention of the concept.
I don't think having very strict rules about the relationships between corporations/non-profits and politicians is necessarily a bad thing in itself, in fact many would see it as a good thing that further protects democracy from manipulation by private interests. However, I do see the other side of the argument in that it would probably open its own can of worms especially in areas like freedom of speech. The whole idea does start to unravel if your conception of free speech applies to entities like corporations as well as individuals. Unsurprisingly I lean towards the idea that it doesn't, but I can also see some very valid arguments for the opposite as well.
It could well be a moot point however, I'm not sure how well these "not-parties" would do once society had got used to a few elections without parties and experienced the relief that would come from making politics much less adversarial (I suspect arguments between friends and family would be less common without the tribal labels backed by billions of dollars of "enrangement is engagement" for example). We can probably get some idea by looking at extant "not-party" political entities like charities, NGOs, and lobby groups to see how effectively they influence elections today.
> You probably would have to ban entities like corporations, partnerships, and non-profits from endorsing a candidate.
This makes it practically impossible in the US; so long as not coordinated with a formal party or candidate committee, it has been ruled a violation of the First Amendment to even limit expenditures on promotion of a candidate by private entities; to outright ban such actions would be a more flagrant violation.
> I don't think having very strict rules about the relationships between corporations/non-profits and politicians is necessarily a bad thing in itself, in fact many would see it as a good thing that further protects democracy from manipulation by private interests
You cannot “protect democracy from manipulation by private interests”; the concept is incoherent. Democracy is the aggregate of private interests determining the public interest.
> It could well be a moot point however, I'm not sure how well these "not-parties" would do once society had got used to a few elections without parties and experienced the relief that would come from making politics much less adversarial
We’ve had the absence of formal parties, politics was violently adversarial and formal parties emerged from the adversarial factions.
You cannot alter human nature by abolishing formal parties, which are, again, a symptom not the cause of political factionalism.
I agree fully re: expiration dates. IIRC the patriot act had an expiration date and it took nearly two decades for it to actually expire because it kept being reauthorized. It finally did expire last year and was not reauthorized and I suspect that is because we've actually already slipped far enough down the slope to no longer need that particular set of rules.
So I support the expiration date idea. I just wish there was a way to implement it such that it actually had the desired effect.
Right now most everyone has a sense of what it would be like to go back to normal pre-COVID life. I'm starting to lose a sense of what it would be like to go back to pre-War-On-Terror normalcy.