(Another reform is to expand the number of justices, but FDR tried this and it proved so politically unpopular that he had to abandon it.)
2. Prevent conflicts of interest. End the exemption of the president and vice president from conflicts of interest laws. Require all federally elected officials to put their investments into blind trusts. Prohibit all trading of specific shares of stock.
3. Stop a president from using the Justice Department. Prohibit a president from having any involvement in decisions about whom to prosecute. Require congressional review of any pardons or commutations.
4. End gerrymanders. Require states to create independent commissions to draw congressional district lines.
5. Revive voting rights. Reenact Section 2 of the Voting Rights Act (which barred voting practices or procedures that discriminate on the basis of race, color, or ethnicity) and Section 5 (which required jurisdictions with a history of racial discrimination in voting to obtain federal approval before changing any voting laws or procedures).
6. Protect press freedom and independence. Amend the Sherman and Clayton antitrust acts to bar large corporations, or any person already owning major media, from purchasing major media networks or platforms.
7. Protect the freedom of inquiry. Bar the executive branch from conditioning research or other educational grants to universities on any ideological litmus test. Researchers should be free to pursue truth.
8. Get big money out of politics. Establish public matching funds for small-dollar donations for all federal elected offices. Encourage states to grant corporate charters only on condition that corporations refrain from political activity (as Hawaii has done and Montana is considering, and hopefully California will do). Pursue a constitutional amendment to reverse Citizens United and establish Congress’s authority to limit big money in politics.
9. Tax large aggregations of personal wealth. Enact a wealth tax. Eliminate the “stepped-up basis at death” rule that allows large fortunes to be transferred from one generation to the next without paying taxes on capital gains.
10. Eliminate the Electoral College. Pursue a constitutional amendment to eliminate the Electoral College and base the selection of president and vice president on whichever ticket wins the overall popular vote. In the meantime, seek a compact among states (and the District of Columbia) to award all their electoral votes to whichever presidential ticket wins the overall popular vote.
Read as a statement of democratic alarm, Reich’s list is powerful. Read as a repair plan, it needs work. Some of these ideas are sound and overdue. Some are legally fragile. Some would require constitutional amendments. Some might solve one problem while creating another. That does not make Reich wrong to call for repair. It means the repair has to be built to survive.
That is why pragmatism matters. Pragmatism is not surrender. It is how reform escapes the faculty lounge, the rally speech, and the social-media post and becomes law. We do not need a fantasy wish list. We need a repair plan — one that can pass, survive, and still make sense when the other party takes power.
Start with the Supreme Court. Reich is right that lifetime appointments have become a problem.