Ideas for a better America: Domestic Marshall Plan, more civics lessons, less social media

To achieve healing, many commentators state that certain people must admit they were lying about election fraud. However, those who knowingly lied will never admit it. Those who honestly believed false claims are not “liars.” To heal the political divide, the Constitution is key.

The former president’s many allegations of election fraud in his Jan. 6 speech were quite detailed, but our Constitution assigns the determination of the truth or falsity of these claims to the courts, not the president. Some 60-plus lawsuits had resolved the disputes against any significant election fraud or irregularity. Under our Constitution, this concluded the matter.

Over the course of my career as a now retired trial attorney, I lost my share of cases before judges and juries. When I lost, I normally believed the wrong decision had been made, but the decisions were respected, and it was appreciated that America provided a judicial system to resolve citizen disputes without resort to trial-by-combat in the streets.

After careful study of why other governments and societies had failed, the founders brilliantly designed the Constitution to allow us to live in reasonable harmony with one another. The Constitution created three branches of government: legislative, executive and judicial. The last was designed for impartial and binding resolutions of our disputes. James Madison described the consolidation of all legislative, executive and judicial power under a single person or group as the definition of tyranny. When the executive ignores the courts and overthrows the legislature, Madison’s definition is met.

The Constitution further diffused power by reserving to the states their right to create their own governments with their own Legislative, Executive and Judicial branches. Article II, Section 1 of the Constitution states, “Each state shall appoint, in such Manner as the Legislature thereof may direct, a number of Electors…” It was thus left to each state and that state’s court system to manage elections and determine election disputes. Only in limited instances will there be a role for the national government, such as if a state were so dysfunctional that its legislature sent two competing slates of electors to Congress. This did not happen here.

Millions of people and many leaders obviously do not understand our system, and some would even support a dictator, but these folks do not need to be “deprogrammed.” This is not China: we do not deprogram fellow Americans. The solution instead is to help everyone have a stake in what George Washington called “the experiment entrusted to the hands of the American people.”

How do we do that? First, it is evident that civics and history education have failed for a large segment of the population. Along with increasing civics and history curriculum in schools, unions, employers, community organizations and leaders should encourage adults to read and watch objective civics and history on television and online. The nation should also encourage more of this. When people understand why and how our democracy works and its functional need for compromise, left and right extremes can be reduced.

Second, America’s Marshall Plan rebuilt Europe after World War II. We need a Marshall Plan for the nation. Flint, Michigan, and communities in California’s San Joaquin Valley that have been without safe drinking water are the tip of the iceberg. A recent state report noted that in the 1970s over 30% of federal infrastructure funding was for water utilities, but only 5% was allocated in 2015. Aging roads, bridges and sewers also call for massive nationwide investment that puts people to work and will give us all pride in America.

Third, algorithms in social media that amplify and link like-user content should be outlawed. This so-called service of the tech companies is for tech’s benefit — the more activity and users on the network, the more money they make. In the past, we had mailed leaflets and bulletin board paper postings. With social media and the internet, the fringe now has a booming megaphone.

Last, the authorities should be given an appropriate domestic terrorism law and vigorously pursue domestic terrorists wherever they are.

People will not declare themselves liars, but we can achieve a common understanding of our Constitution and of its functional need for compromise.

This story was originally published March 13, 2021 at 6:00 AM.