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Flaws in the US Constitution

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by Vijaya Chandrasoma

The Constitution of the United States of America came into force in 1789, and is regarded as the oldest written national constitution in unbroken existence. However, four years of the Trump administration, and Trump’s unprecedented behaviour after his defeat in November have served to expose some flaws in this revered document, which present a clear danger to American democracy. The areas in which these flaws exist are in Congress, the Electoral College and the Lame Duck period of the presidency.

 

The House of Representatives and Gerrymandering

The House of Representatives was established in 1789, with 65 members elected from the 11 states. The size of the House was capped in 1911 at its current number of 435 voting members. Representation of each state was determined by its population. Each state has at least one representative, irrespective of size, and the District of Columbia (Washington D.C.) has three, making a total of 438 members.

Every ten years, congressional districts of each state are redrawn according to the census, with the intent of providing equitable representation. The new districts are redrawn by state legislatures during the census, and approved by the governor. And if one party has control of the state legislature and the governor, district lines are redrawn to its own maximum political advantage. This meddling with the state’s district lines to give the ruling party an advantage in elections started in Massachusetts in 1812, when the governor, Elbridge Gerry, signed a bill that gave an electoral advantage to the Democratic-Republican Party over the competing Federalist Party. A member of the Federalist Party, in disgust, drew a simulated map of a district resembling the short arms and the long tail of a salamander. Thus the term “Gerrymandering” was born, and this unethical practice persists to the present day, with the resultant iniquity of representation, usually with respect to minorities, in state and general elections.

 

The Senate

Each state is represented by two Senators, who serve staggered periods of six years. There are currently 100 Senators from 50 states. The capital city, Washington D.C., has no representation in the Senate. The Vice President acts as the president of the Senate, and holds the casting vote in the event of a tie.

The discrimination of national representation in the composition of the Senate is obvious considering that each state is represented by two Senators, irrespective of population. As an example, the four most populous states of California (39.5 million), Texas (29 million) Florida (21.5 million), and New York (19.5 million), with a total population of nearly 110 million, a third of the total population, are represented in the Senate by eight Senators, an approximate representation rate of one Senator for 14 million people. While the four least populous states of North Dakota (762,000), Alaska (732,000), Vermont (624,000) and Wyoming (579,000), with a total population of 2.7 million are also represented by 8 Senators, a representation rate of one Senator for 335,000 people.

The ethnic diversity exhibited in the larger states, California, Texas, Florida and New York, compared to the almost entirely white populations of states like Wyoming and Vermont, means that minorities, especially more recent brown-skinned immigrants, are grossly underrepresented in the Senate.

The time for reapportionment and racial equity in the Senate is long overdue.

 

The Electoral College

As established in Article II Section 1 of the Constitution, each state has as many “Electors” in the Electoral College as it has Representatives in the House and the Senate, and three for the District of Columbia, the capital territory of the nation. Currently this number is 538 – 435 for the House, 100 for the Senate and three for Washington D.C. This represents the magic number of 270 – one more than half of 538 – Electors needed to win the presidency.

The Electoral College was established by the Framers because “they didn’t trust the people to make electoral decisions on their own. They wanted the president chosen by electors they thought of as ‘enlightened statesmen’”. They also aimed to give an unfair advantage to the slave-owning states, and so ensure that only a citizen of Virginia, the then largest state, could be elected president.

Times have changed, but the Electoral College process continues to give the advantage to a few swing states, and the kingmaking power to elect the president, totally ignoring the will of the people. Voters in states like California and New York, with their large populations of minorities, are, as in the Senate, underrepresented. The reality is that swing states of Florida, Georgia, Wisconsin and Michigan are traditionally more conservative, which presents the Republicans with an unfair edge in a general election. An edge that stood them in good stead in 2000 and 2016.

The Electoral College, rather than the popular vote, has been responsible for the election of the president twice in the 21st century. Al Gore won the election by 550,000 votes over Bush, and Hillary Clinton surpassed Trump by over 2.8 million votes. In any other country, or in the absence of the antiquated and undemocratic Electoral College, Al Gore and Hillary Clinton would have been elected to the presidency in 2000 and 2016, respectively. The United States would probably have enjoyed 28 years of uninterrupted progressive governments, sans senseless, illegal wars, treasonous cuddling up to adversaries and a serious fascist assault on its democratic ideals. An assault which has failed thus far, but continues to threaten and divide the nation.

 

The Lame Duck Presidency

When a new president has been elected, the outgoing president retains the full powers of the presidency for the 11 weeks between Election Day in November and Inauguration Day on January 20 of the following year. Such a Lame Duck president is traditionally expected to ensure the smooth transfer of power, and avoid making any major decisions which may adversely affect the functions of the new administration.

This period is in complete contrast to the period of transfer of power in other countries. In Britain, for example, if the Prime Minister is defeated on a Thursday, the newly elected Prime Minister is installed in No. 10 Downing Street by Friday night, leaving hardly any time to even change the bedsheets. The French are more liberal; they give the outgoing president ten days to get the hell out of the Elysee Palace. Other countries have more or less expeditious methods of eliminating the vanquished, up to and including incarceration or even assassination, but none has a transition period exceeding a few days.

Trump is already highlighting the dangers of a prolonged transition of power. He is using the powers of his presidency to leave the nation in complete chaos when Biden assumes power in January. The US is currently in the grip of an unprecedented economic crisis, and the national travails of a pandemic which has been criminally mismanaged since its inception and continues to claim 3000 lives every day. There is recent evidence that Russia has been hacking and spying on multiple government agencies, including the Departments of Homeland Security and Commerce, which have been hit by massive data breach in one of the worst cyber intrusions in history. Trump has said not one word about this Russian aggression. In fact, he has threatened to declassify vital security documents which will help the nation’s adversaries. President Putin could not have wished for a more willing accomplice in his stated ambition to marginalize the USA.

The five weeks of the Lame Duck presidency before Biden is inaugurated could well be the most dangerous period in American history. Trump will likely spend these last weeks in a flurry of temper tantrums, lashing out at his enemies in vengeance, self-dealing, tossing out pardons like confetti at a wedding, and trying to discredit his opponents and the system itself. Americans who want to see the rule of law restored and the Constitution strengthened must be prepared to fight for it, in the courts and in the streets if necessary. Trump and his followers will not “go gently into that good night”.

We have Trump to thank for exposing these dangerous flaws in the US Constitution. The Founding Fathers could be forgiven for these omissions as they would never have imagined, in their wildest dreams, that a clinical psychopath, lacking even a trace of humanity would be elected to the presidency.

The nation must learn from its mistakes, even acts of treason, of the past four years and amend the Constitution to invalidate these flaws. Amendments to make representation in the House and Senate more equitable; to abolish the antiquated and intrinsic racism of the Electoral College and ensure that future presidents are elected by the popular vote; and most importantly, to make certain that the transfer of power to the new president is achieved with minimum delay, so that an outgoing president will never again try to wreak vengeance on the country because of his rejection by the voters.

Trump is vowing to continue the fight to overturn the election, begging for contributions from Republicans to help him in his delusional quest. He has to date swindled his supporters to the tune of over $200 million. On false pretenses, as he has given his hand away by planning a Friends and Family program for presidential pardons. His appeals for funds from his supporters for legal costs to overturn the election are therefore only aimed at making money, as pardons are granted only at the end of a presidency.

The issue of presidential pardons has traditionally been a means to redeem cases of injustice, and done on the recommendations of the Office of the Pardon Attorney. This White House has been inundated by hundreds of pardon requests following the election loss. Trump has been abusing, and intends to abuse this privilege before he leaves the White House, to pardon members of his family, friends, even himself, who have been complicit in, or committed crimes during his corrupt presidency. It may be pertinent to remember that the Supreme Court ruled, in 1915, that the acceptance of any kind of pardon, including presidential, is in itself an admission of guilt.

On Monday, December 14, the Electoral College certified that President-elect Biden had won 306 votes and formally declared his presidency.

On Monday, December 14, the first vaccination to combat Covid-19 was injected on live TV into the arm of New York nurse, Sandra Lindsay, at the Long Island Jewish Medical Center. An amazing scientific achievement, providing a glimmer of hope even as the nation passes the grim milestone of 300,000 Covid-19 American fatalities.

Monday, December 14, 2020 will go down in history as a Day of Honour, Triumph and Hope, both for Democracy and for Science. And a Day of Relief, for finally, if only formally, vanquishing the four-year plague that has been Donald J. Trump, the multiple Loser of the 2020 presidential election.



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Features

Politics of Enforced Disappearances in Sri Lanka

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Image courtesy UNHRC

In 2016, I participated in research focused on gathering information about reconciliation mechanisms in post-war Sri Lanka. During one of the interviews, a Tamil mother, from the Eastern part of the country, broke into tears as she shared her story. Her son had disappeared, and, according to some of the neighbours, he was apparently abducted by a paramilitary group. Her story goes as follows: After hearing the news, she began searching for her son and went to the police station to file a case. However, police refused to file the case and directed her to a military camp. In the military camp, she was directed to an officer, who took her to a room with scattered flesh and blood stains. Then the officer, pointing to the room has told the lady that, ‘This is your son’.

In another instance, in the same year, while we were working in Kurunegala, an elderly mother, wearing a white saree, approached us and shared her story. She held a stained envelope, and when she carefully took out a piece of paper, related to her son, she broke into tears. She handled the paper with such tenderness, as though it were a part of her son himself. Her son was abducted by a para military group in 1989 and never returned.

These two stories have remained deeply etched in my mind for several years, leaving a lasting impact. Now, with the release of the Batalanda Commission Report, which sheds light on the atrocities committed during a dark chapter of Sri Lanka’s history, coupled with the release of the movie ‘Rani’, there is renewed attention on enforced disappearances. These disappearances, which were once shrouded in silence and denial, are now gaining significant traction among the public. Thus, it is timely to discuss the stories of enforced disappearances and the political dynamics surrounding them.

The Effect

Enforced disappearance is often employed as a strategy of terror, deliberately designed to instil fear and insecurity within a society. The tactic goes beyond the direct impact on the immediate family members of the disappeared individuals. The psychological and emotional toll on these families is profound, as they are left with uncertainty, grief, and often a sense of helplessness. However, the effects of enforced disappearance extend far beyond these immediate circles. It creates a pervasive atmosphere of fear that affects entire communities, undermining trust and cohesion. The mere threat of disappearance looms over the population, causing widespread anxiety and eroding the sense of safety that is essential for the social fabric to thrive. The fear it engenders forces people into silence, discourages activism, and ultimately weakens the collective spirit of resistance against injustice.

Absence of the body

For years, the families and loved ones of the disappeared hold on to a fragile hope, clinging to the belief that their loved ones may still be alive. The absence of a physical body leaves room for uncertainty and unresolved grief, creating a painful paradox where the possibility of closure remains out of reach. Without the tangible proof of death—such as a body to bury or mourn over—the search continues, driven by the hope that one day they will find answers. This absence extends beyond just the physical body; it symbolizes the void left in the lives of the families, as they are left in a perpetual state of waiting, unable to fully mourn or heal. The constant uncertainty fuels a never-ending cycle of searching, questioning, and longing.

Making a spectacle of unidentified bodies

In 1989, as a small child, I found myself surrounded by an atmosphere that was both suffocating and frightening, filled with sights and sounds that I couldn’t fully comprehend at the time, but that would forever leave a mark on my memory. I can still vividly recall the smell of burning rubber that hung thick in the air, mixing with the acrid scent of smoke that lingered long after the flames had died down. The piles of tyres, set ablaze, were a regular feature of the streets where I lived. Yet, it wasn’t just the sight of the burning tyres that etched itself into my consciousness. As the flames raged on, the shadows of bodies emerged—neither completely visible nor entirely hidden.

Though my parents tried their best to shield me from the horror outside our home, I would sneak a peek whenever I thought no one was watching, desperate to understand the meaning behind what was unfolding before me. It was as though I knew something important was happening—something I couldn’t yet comprehend but could feel in the very air I breathed. I understood that the flames, the smoke, and the bodies all signified something far greater than I could put into words.

The burning piles of tyres—and, of course, bodies—which people spoke of in hushed tones, served as a chilling spectacle, conveying the threatening message the government sent to the public, especially targeting the young rebels and anyone who dared to challenge the state

Unable to seek justice

The absence of the body makes justice seem like a distant, unreachable concept. In cases of disappearance, where no physical evidence of the victim’s fate exists, the path to justice is often blocked. Without the body, there is no concrete proof of the crime, no tangible evidence that can be presented in court, and no clear sign that a crime was even committed. This leaves families and loved ones of the disappeared in a state of uncertainty, with no clear answers about what happened to their dear ones. As a result, families are forced to live in a limbo, where their grief is ignored and their calls for justice are silenced.

Undemocratic actions under a Democratic Government

Governments are meant to serve and protect the people who elect them, not to subject them to violence, fear, or oppression. Irrespective of the situation, no government, under any circumstances, has the right to make its citizens disappear. A government is a democratically elected body that holds its power and authority through the consent of the governed, with the explicit responsibility to safeguard the rights, freedoms, and lives of its citizens. When a government starts to take actions that involve the arbitrary killing or disappearance of its own people, it betrays the very principles it was founded upon.

The act of making people disappear and killing represents a fundamental breach of human rights and the rule of law. These are not actions that belong to a legitimate government that is accountable to its people. Instead, they signal a state that has become corrupt and tyrannical, where those in power are no longer bound by any ethical or legal standards. When the government becomes the perpetrator of violence against its own citizens, it destroys the trust between the state and the people, undermining the core foundation of democracy.

In such a scenario, the authority of law collapses. Courts become powerless, and law enforcement agencies are either complicit in the wrongdoing or rendered ineffective. This breakdown in legal authority does not just mean a failure to protect the rights of individuals; it signals the descent of society into anarchy. When the government wields power in such a violent and oppressive way, it erodes the social contract. When this relationship is violated through actions like disappearances, those in power essentially declare that they are above the law, which leads to a breakdown of social order. It no longer becomes a state that works for its people but rather a regime that rules through fear, repression, and violence.

by Dr. Anushka Kahandagamage

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Features

Hazard warning lights at Lotus Tower

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Lotus Tower enveloped in mist

Much has been written about the use of Hazard Warning Lights at Lotus Tower (LT)

Now it looks as if the authorities have got the day and night in a ‘twist’.

During the day time LT is in darkness. What should be ‘on’ during the day are the High Intensity Strobe Lights. It is observed that the authorities switch them ‘on’ in the night instead!

According to the ICAO recommendations what should be ‘on’ in the night are the low intensity strobe lights. High intensity in the night as is now, can momentarily blind the pilots.

At this time of the year the island experiences afternoon thunder showers which make the LT and the natural horizon invisible. (See picture) in a phenomenon known as ‘white out’ caused by fog (low cloud), mist and rain. However, the LT is kept dark and not lit up and that could be dangerous to air traffic.

In short what is needed are white strobe lights 24/7 (day and night). High Intensity by day and Low Intensity at night. They are known as ‘attention getters’.

The red lights must be ‘on’ at sunset and ‘off’ by sunrise (as correctly carried out currently).

I am aware that the Organisation of Professional Associations (OPA) has written to the LT authorities at the request of the Association of Airline Pilots, Sri Lanka, about three months ago but strangely the OPA has not even received an acknowledgement!

GUWAN SEEYA

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Ninth Iftar celebration organised by Police Buddhist and Religious Affairs Association, Wellawatte

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Islam is a peaceful religion that guides people to fulfil the five pillars of Islam, namely, Kalima, Prayer, Sakkath, Fasting and Hajj and through them to attain the grace of God.

The fact that the Holy Quran, the sacred book of Muslims, was revealed on one of the odd nights of the month of Ramadan, makes people realize the special importance of the month of Ramadan.

Fasting, the Holy Quran states, “0 you who believe, fasting is prescribed for you as it was prescribed for those before you, that you may become pure.” (2.183)

Muslims observe the first fast in the early hours of the evening when the first crescent of the month of Ramadan is sighted. The special feature of Ramadan fasting is to wake up early in the morning, eat before the sunrise (Sahur) and then fast for 14 hours until the evening prayer (Mahrib), remember the Creator and worship Him five times a day, break the fast at the time of Iftar (Mahrib), eat food with dates and spend the 30 days of Ramadan.

Ramadan fasting increases fear and faith in Allah, and it is not equal for the wealthy to live luxuriously without realizing the poverty of the poor and the poor to die of poverty. Therefore, fasting has been emphasized as the fourth Pillar in Islam to make the rich aware of the nature of poverty and to make the rich aware of the nature of hunger and to give charity.

Ramadan fasting is a shield for Muslims. The main objectives of fasting are the virtues, characteristics, morality and spiritual attraction of a person.

When approaching fasting from a medical perspective, it is said that ‘a disease-free life is an inexhaustible wealth’, so the good deed of fasting provides great benefits to the body.

Generally, it is a universal law to give rest to all the machines that have power. That is, it allows the machines to continue to function well. Similarly, it is necessary to give rest to our bodies. The fasting of the month of Ramadan explains this very simply.

“Historically, fasting has been proven to be very safe for most people,” says Babar Basir, a cardiologist at Henry Ford Health in Detroit, USA. “Ramadan fasting is a form of intermittent fasting that can help you lose fat without losing muscle, improve insulin levels, burn fat, and increase human growth hormone,” he says.

All wealthy. Muslims are required to give 2’/2 percent of their annual income to the poor in charity. This is why Muslims give more charity in the form of money, food, and clothing during Ramadan.

Anas (Kali) reported that the Prophet (Sal) said, “The best charity is to feed a hungry person.” This shows how great an act it is to feed a hungry person.

Fasting during the holy month of Ramadan, one of the most sacred duties of Muslims, is Providing facilities for fasting and breaking it is also a pious act that brings benefits. In that way, the Sri Lanka Police, as a way of receiving the blessings of Allah, have organized the Police Iftar ceremony to break the fast for the fasting people.

The Police Iftar ceremony, which is organized annually by the Sri Lanka Police Buddhist and Religious Affairs Association for Muslim police officers serving in the Sri Lanka Police, will be held for the 9th time this year on the 24th at the invitation of the Acting Inspector General of Police Mr. Priyantha Weerasooriya and will be held at the Marine Grand Reception Hall in Wellawatte under the participation of the Hon. Minister of Public Security and Parliamentary Affairs Mr. K.M. Ananda Wijepala. Muslim members of Parliament, Foreign Ambassadors of Islamic countries, High-ranking Police officers and Muslim Police officers, as well as members of the public, are also expected to attend the Iftar ceremony.

a.f. fUARD
Chief Inspector of Police
International Affairs
Criminal Investigation Department

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