RETIRING THE MODERN AMERICAN PROFESSIONAL POLITICIAN

An Affirmative Action Plan to Open Equal Access to the United States Congress and a Return to the Citizen Legislator

03 October 2015

Congress currently has a 15.2% approval rating and an overwhelming 75.6% disapproval rating[1]. However, the incumbency rate for members of the U.S. House of Representatives is over 90% and for members of the U.S. Senate it is over 80%[2]. So, how can a group of such unpopular people continue to get re-elected?

There are a variety of reasons that are commonly debated: name recognition, insurmountable advantages when it comes to campaign cash and the gerrymandering of congressional districts. All of these arguments have merit and some have even been taken to the Supreme Court in an effort to challenge and overcome (i.e. Buckley v. Valeo). However, the problem is that each one of these are basic contributing factors and not the root cause.

The reason why the same politicians remain in office year after year is because members of the United States Congress have colluded to restrict access to the political process. This is hauntingly similar to many institutions restricting access to minorities prior to the Civil Rights Act of 1964. In light of the latter, the citizenry has debated programs like affirmative action as a remedy for unequal access.

Likewise, the non-incumbent has faced discrimination and a growing trend of restricted access to one of the fundamental rights of citizens of this country: the right to fair and equal elections. The time has come for all Americans to have equal access to seats in the U.S. House of Representatives and the U.S. Senate. We can no longer allow the political class to practice institutionalized prejudice against people who are not a member of their privileged club. We are the 99%.

How do we end anti-incumbent bigotry?

Step 1: Organize and Increase Awareness

We need to organize communities and increase awareness on anti-incumbent behavior being practiced in Washington, D.C. So, I would encourage you to share this with friends of any “political stripe”. People on both the left and right side of the aisle can all agree that discrimination is an unfair practice. Shouldn’t you have the same right and ability to have a congressional seat as an existing member of the U.S. Congress? Unfortunately, incumbent U.S. Senators and Congresspersons have access to political privilege that the average American does not.

Step 2: Implement a Progressive Power Tax

Progressive income taxes have been successful at helping to balance social scales. People with more should help people who are less fortunate. Why should Warren Buffet’s secretary pay higher taxes than a billionaire? Likewise, why should a U.S. Senator have access to more power than their executive assistant? Shouldn’t non-incumbents have the same rights?

It is time to implement a progressive power tax (PPT).

This idea is very similar to the progressive income tax that Barack Obama supports and helped him become elected President of the United States. When asked about his tax plan, then candidate Obama answered by saying, “I think when you spread the wealth around, it’s good for everybody.” I agree.

Now it’s time to spread the power around.

We can build on this platform successfully by understanding that political power generates great wealth. In fact, 2012 was the first year that the average net worth of a member of the United States Congress exceeded one million dollars[3]. However, the Federal Reserve Board found the average household net worth in the United States to be just $77,300 in that same year[4]. The income inequality between members of the United States Congress and American households is a stunning example of congressional discrimination and institutionalized elitism.

Additionally, we also know that prior to the Civil War, 40% or more of members of the House of Representatives did not seek re-election. It was common practice to represent your community for a short period of time and then go back to your vocation. However, the 20th and 21st century have seen modern-day politicians in the House of Representatives seek re-election almost 90% of the time[5]. There is little question that our modern Congress has not been progressive when it comes to diversity of thought. The same people with the same ideas keep going back to Washington, D.C.

The way to introduce diversity into Congress, and provide incumbents with a fair opportunity to access power, is by levying a PPT on members of the U.S. Senate and members of the U.S. House of Representatives. The PPT will address the main factors that have allowed for an unprecedented consolidation of power out of the hands of The People and into the chambers of the United States Capitol:

1. The two-party system monopoly;
2. The seniority system;
3. The overwhelming advantages of incumbency; and,
4. Insulation from constituents.

The PPT will levy a tax, a fee, or both, on these four (4) factors as it relates to a member’s tenure in Congress, along with imposing other fair practice regulatory oversights. Currently, members of the House of Representatives serve two (2) year terms while members of the Senate serve six (6) year terms. However, the overall PPT will be calculated based upon an annual schedule much like the income tax. As a note, many members of Congress have their time cut prematurely (i.e. because of criminal activity, health reasons, etc.); therefore, time will be prorated in the case of sudden departure. The PPT will be levied as follows:

Form Filing: Upon election, a member of Congress will complete I.R.S. Form 15001. The failure to file within five (5) business days of election will result in a $10,000 penalty. Taxes owed as they relate to Form 15001 will carry the same penalties and interest as outlined for the income tax. PPT will be calculated based upon all active, passive and portfolio income as defined in the Internal Revenue Code at the time of filing.

Section A – Political Party Fee: The Member must identify the political party they will be joining at the time they are sworn into office, if so chosen. Should a Member elect a party then they will have to pay an annual licensing fee of 15% of their income or $25,000, whichever is greater. If the Member does not elect to join a political party then they can claim a $25,000 tax credit. If a Member decides to switch parties during their tenure then they must complete and file I.R.S. Form 150001-S and pay a $10,000 party switching fee.

Section B - Seniority Brackets* (percentages of all forms of income to be levied):

0 to 2 Years: 2.5%
2 to 4 Years: 2.5%
4 to 6 years: 2.5%
6 to 8 Years: 50.8%
8 to 10 Years: 60.2%
10 to 12 Years: 65.4%
12 to 14 Years: 75.2%
14 to 16 Years: 80.5%
16 to 18 Years: 90.8%
18 Years or More: 95.9%

Section C - Incumbency Fees: All members of the U.S. House of Representatives must pay a $50,000 incumbency fee each election cycle and all U.S. Senators must pay a $150,000 incumbency fee each election cycle.

Section D – Misrepresentation Insurance: Members of the U.S. House of Representatives will be required to purchase misrepresentation insurance. Proof of insurance to be documented on I.R.S. Form 150001. The purpose of misrepresentation insurance is to underwrite expenses for a constituent audit. Terms of the constituent audit will be outlined after the PPT is passed and then presented to members of the U.S. House of Representatives for further guidance. Essentially, should a U.S. Congressperson be found to be in contempt of their constituents’ will then an audit can be filed by people in their respective district who voted in the last election. The Representative will be recalled from Washington, D.C. and directed back to their district until completion of said audit.

* All revenues generated from Seniority Brackets are to be placed into a trust fund that will be used to underwrite non-incumbent political campaigns.

In closing, the PPT is designed to redistribute the balance of power in the United States. The U.S. Capitol has become a loophole in a representative form of democracy that ultimately robs the citizenry of its ability to govern their own affairs. The only way to close this loophole is to introduce measures that dissuade crony legislatorism and re-introduce the citizen legislator. Community organizing, congressional lobbying and ballot initiatives in relative states are all a good start to enacting the PPT. However, we can consolidate our voice in the form of a singular petition in the hopes to make the U.S. Capitol the “People’s House” once again.

Please join us in signing this petition to advance the Citizen's Rights Act of 2016.

Thank you.

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[1] Real Clear Politics, “Congressional Approval Poll”, 7/9/15 – 9/15/15, <http://www.realclearpolitics.com/epolls/other/congressional_job_approval-903.html> (accessed September 28, 2015)
[2] OpenSecrets.org, “Re-election Rates Over the Years”, http://www.opensecrets.org/bigpicture/reelect.php (accessed September 28, 2015)
[3] Ballotpedia.org, “ “, http://ballotpedia.org/Net_worth_of_United_States_Senators_and_Representatives (accessed September 28, 2015)
[4] Federal Reserve Board, Survey of Consumer Finance, June 2012
[5] Matthew Eric Glassman and Amber Hope Wilhelm, Congressional Careers: Service Tenure and Patterns of Member Service, 1789-2015, January 3, 2015