Paper Four
Who will watch the watchers is an oft quoted phrase when creating regulatory bodies ranging from a local police force to the governing body of a country. This phrase is a paradox of an unending phrase of, in this example, who will watch the watchers who watch the watchers who watch the watchers... and so on. Regarding our government this paradox of the unending phrase is addressed through the institution of separate but equal powers with checks and balances upon each other.
For example, our Constitution Article 1.5.2 states that "Each House may determine the Rules of its Proceedings, punish its Members for disorderly Behavior, and, with the Concurrence of two thirds, expel a Member." Article 2.4.1 addresses executive removal and Article 3.1.1 allows Judges to continue to "... hold their offices during good Behavior." These are broad statements allowing broad interpretation which, over the centuries, has evolved into that each of the three branches has an office to oversee its own internal conduct.
Regarding the internal conduct of the Legislative Branch, there are sets of rules and procedures checking the behavior of the members. It has evolved that selection of the members of these internal governing bodies are laid out along party lines with the possibility that issues brought before them will be considered with the interest of the party over the interest of the State or negative consequence to an individual, showing again the asymmetry of party politics regarding duty to country over self. The point expressed that these ethics committees are made up equally from the two dominant parties does not equal symmetry because a vote of greater than half is required for conviction of an offense brought before the committee for evaluation and action.
Section 5 of this proposed amendment relies on the impartiality of these committees to address potential corruption and even asses when a specific action does not suggest corruption thus allowing citizens who previously served to advance in their personal life rather than be held back due to circumstances of their past service. This is just and satisfies a reasonable balance. Having such committees codified into the Constitution should be broad in their rules with only limited and specific instances regarding their powers actually spelled out in the Document. This leaves room for future debate and adjustment to fit changing times.
Who will watch the watchers? It shall be U.S. citizens elected by their constituency and selected for service by an impartial and, as best as possible, random process. This proposed amendment both addresses the impartial and random process for member selection and specific power of ethics committees "The Watchers" continued existence in the Supreme Law of our Land.
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