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The United States is experiencing a surge in third, fourth, and
fifth party activity. In addition, many electorial changes, some old
ideas and some new, are being promoted. Mostly these changes are
designed to give more power to committed voters who remain apart from
the traditional "big tent" parties, the Republicans and Democrats. These
reforms include multi-party candidacies by one candidate, cross party
endorsements, multi-candidate districts, cumulative voting, easier
ballot access for new parties, elimination of the electorial college,
etc.
Logically these changes should lead to a decreased involvement of
lawyers in the Executive and Legislative branches of government. In "big
tent" party politics the ability to dissemble convincingly is a great
asset. "Big tent" parties attract a wide array of people with oftentimes
conflicting ideas about key issues, so candidates who can "finesse" key
issues, have a distinct advantage. Is it any wonder that lawyers
oftentimes win key endorsements, get support from a wide, disparate
array of contributors, and thus win primaries particularly for the most
visible offices? For example, in Missouri, in the 1992 Governor's race both
of the major political parties nominated lawyers; then in 1994 again in
Missouri, both parties nominated two different lawyers to run for the U S
Senate. Nationally, in 1996, the Presidential race being served up by the
major
parties will be an unusual four lawyer face off with Bill and Hillary
Clinton opposing Bob and Liddy Dole.
With the advent of more focused political activity, the
ideologically committed candidate, who speaks from the heart and gives
no thought to dissimulation, should have an advantage. Such candidates,
at least in primaries, will be appealing to smaller, more committed
groups of voters who
presumably will appreciate the candor. Of course, the test will be the
actual election of these more committed people to office.
History, however, does not support the view that non-lawyers are
advantaged by the proliferation of parties. The last time America saw
such a proliferation of parties was in the 1850's. This lead to the
election of Abe Lincoln with 38% of the popular vote in 1860. Lincoln, a
lawyer,
lead the abolitionist Republican Party to victory and then lead the
county into a brutal, bloody war. He was a man in intellectual flux; he
was a lawyer who could dissemble with unequalled eloquent. His address
following the carnage at Gettysburg stands as one of the most
quoted works of the English language. In this address, in the middle of a
war to conquer
secessionist states, he managed to completely avoid the word "state" or its
plural "states". Lincoln wanted freedom for slaves,
but lacked vision; he was unable to learn from the experience of
Britian and France. These countries, in the
1830's and 1840's, ended slavery with little bloodshed, some
compensation
to slaveholders, accompanied by training and apprenticeship programs for
the freed slaves. Lincoln spoke eloquently of freedom but imposed major
restrictions on the civil rights of Americans. He
had an understanding of the benefits of keeping the Union. However, he
did not
appreciate the subtle brilliance of the Founding Fathers who had checked
Washington DC's power by creating
strong states, possessed by virtue of the Tenth
Amendment of "all powers not delegated to"
the federal government. Lincoln totally ignored the
explicitly stated "right to secede" which several states had written into
their ratification resolutions back in the 1780's when they accepted the
U S Constitution.
In theory, current political trends should reduce the influence of
lawyers in elected positions, but if history is any guide, the reverse
could be true. America may soon be trading the current crop of spendthrift
pettifoggers for a new crop of focused,
dissimulators prepared to lead this country to ... who knows where. Is
there another FDR, or Lincoln around the corner?
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