Elements of a Microtution* - Key

Candidates must think, and think clearly, about the content that surrounds the framework of their Microtution. The action items, or “body of action,” included in a Microtution must meet the following guidelines...Full Text

 The power to execute all contracted action must be available through the powers of the office sought; and through the individual powers the private citizen brings to the office sought through the election process.  The combinations of these two powers are the boundaries from which all Microtution “action items” can be generated.

 If the “body of action” includes in the Microtution adheres to the above guidelines, the candidate will not be putting his or her political career at risk. If candidates are wise in their selection of action items, they will never face the sanction of stepping aside in the next election cycle for failure to perform.

 On the other hand, the action items included in a microtution may or may not help one get elected to office. As with any election to public office, the candidate must know which issues will move voters to provide a plurality on Election Day.

 This framework applies to each and every elected office, more than 511,000 according to the U.S. Census Bureau, at all levels of American government. This can impact our entire political system and deliver positive change.

The fundamental elements of a microtution are similar to the basic elements of a valid contract between two or more parties. Ideally, the language is direct, clear and leaves no room for ambiguity. This can be accomplished: Read the U.S. Constitution. These are the required elements of a microtution:

1.      Identification of the parties – candidate’s name and office sought.

2.      Preamble outlining the Constitutional right of the parties to execute the social contract referred to as a Microtution.

3.      Body of the Microtution – a list of action items the candidate will accomplish if elected to office. The only limitations on action items are that they must be able to be accomplished through the powers of the elective office sought and through the power of the individual citizen seeking election brings to the office.

4.      A prohibition against any and all alterations to the microtution. The only exception to this prohibition is a section enabling the addition of action item(s) to the body of the Microtution no later than 30 days prior to the election.

5.      Sanction for nonperformance – failure to perform all action items listed in the Microtution will result in the candidate not seeking re-election to the same or other elected office in the next election cycle. This must be included or the document is not a Microtution.*

6.      Dispute resolution; Arbitration – if the candidate is elected to office and a dispute arises over the candidate’s fulfillment of all obligations as stated in the action items listed in the body of the Microtution, the dispute is to be resolved through arbitration. Notice of any such dispute must be given no later than 120 days prior to the deadline for filing candidacy papers for re-election to the elective office covered by the Microtution.*

7.      Notice – provision outlining guidelines for notice of dispute.

8.      Date and signature of candidate and witness or witnesses.

*The only exceptions to the above are items 5 and 6 for incumbent governors or presidents.

For item 5, Sanctions: Term-limited politicians at all levels, including state governors may utilize a “will not seek election to any other “higher” elective office in the next election cycle” clause. Although weaker from a sanction perspective when compared to an opponent’s clause of not seeking re-election for governor or other elective office, term limited candidates do have this option because they often seek election to higher state or federal office.

For an incumbent President considering executing a Microtution, the sanction “I will not seek election to this or any other elective office in the next election cycle” is no sanction at all. There are alternative sanctions an incumbent President can utilize to counterbalance the “I will not seek re-election” clause in the Microtution of his or her challenger. The most effective sanction for an incumbent President executing a Microtution would be a sanction that grants his presidential retirement income for life to a charity of his choice. This will let Americans know that a candidate is serious about fulfilling the action items in their Microtution.

For item 6, rather than seeking dispute resolution through arbitration, state governors or presidents may want to utilize state courts. It may be that state governors have the option of either arbitration or state courts. Presidents, on the other hand, along with any constituent bringing an action for breach, must look to a state court first, and then it may be that a state court looks to the federal courts for dispute resolution. We experienced this state court to federal court, back to state court in the 2000 presidential election.  Any change of dispute resolution from arbitration to a state or federal court system requires inclusion of guidelines for a claimant filing a dispute for nonperformance of the action items contained in the Microtution.