News and Government

Posted on 2009-01-06 by David

I have been reading Breaking The News and consequently thinking about the role of the media in disseminating information and the effects of that process in the political arena. I don’t know that my thoughts are fully formed here, but I had to get something down.

The media has been called the Fourth Branch of Government because of how important an informed electorate is in a system of popular government. There is certainlya lot of truth to that idea. I looked for some other perspectives on this issue and found a 2006 article that was very much opposed to the differences between members of the media and elected members of the official branches of government. I also found a 2007 article suggesting that cash is the fourth branch of government and a 2008 article that claims that the military is the fourth branch. These claims got me thinking about what it meant to have a fourth branch, and why we are so fascinated with identifying it.

Personally I would argue that cash has no will of its own and thus cannot act as a governing force. (It is simply a resource to be used in influencing people.) On the other hand, the idea of the military as a fourth branch of government is plausible. The more I have thought about it, the more I believe that there is always a hidden branch of government (meaning a tool that influences the government and the culture of a nation without being an official governing force). That tool is either religion (cultural morality), media (information), or military (force). In fact, it may be that religion may be a replacement for government (tied to the hidden branches of media or military) when it is a governing force, but not a hidden branch.

There are definitely countries where the military is that fourth branch and I am convinced that military and media both play a role in virtually every society – the fourth branch in any country being whichever of the two holds the most dominant controling position. Thankfully the media is the more dominant cultural tool in our nation (presently). So while I believe that our fourth branch has been compromised, just as each of the other three branches have also been compromised, we are still free from the tyrany that coincides with the military as the fourth branch.

I believe that the problems in our media have the same roots as the problems in our government – we the people have distanced ourselves from the source of our information and become less critical and demanding.

I’d love to hear other thoughts on this issue, but for the time being I’ll go back to ruminating.

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Legislative Accountability

Posted on 2009-01-05 by David

John Florez has a good perspective on what constitutes True government accountability and the forces that work against citizens from receiving the benefits of that accountability. I thought his comparison of the legislature to a corporate board of directors was very apt. My thoughts were sparked by the following statement:

This year, with new legislative leadership, might be a good one to spend more time holding oversight hearings on how effective certain state departments are in solving the problems they were created to resolve — their legislative mandate. . .

For legislators to start asking the tough questions to hold state departments accountable puts their political seat at risk because they threaten and have to fend off special-interest groups that benefit from maintaining the agency status quo. Therefore, it’s critical that legislators, in very real ways, know the public will support them when they hold oversight hearings regarding agencies’ effectiveness and demonstrate what returns taxpayers are getting on their investment. For legislators, those are tough calls but vital in keeping our government working in the public’s interest.

Oversight hearings would provide the openness and accountability in our government that we all want.

Bureaucratic momentum is a powerful force and tends to discourage any real accountability. The first priority of any institution is survival, not the fulfilling of any legislative mandate. Because of that, government bureaucracies have become very adept at promoting their own survival and continuation. In fact, they have learned how to turn failure and ineffectiveness into a tool for budgetary and institutional growth. Bureaucrats have long practice at befriending legislators and promoting their perspectives so that those legislators will be disposed to grant them their budgetary and policy requests. The fact that government jobs are considered to be a very safe area of employment is a testament to how effective their survival tactics usually are.

Despite all these advantages for institutional continuance, I see a glimmer of hope. If legislators will actively seek to cultivate their relationships with the group of voters that they represent they can preempt the ability of any special interest groups to unseat them for asking tough questions when holding real oversight hearings.

Constituents can show that they will support their legislators by being vocal in requesting real accountability and in vocally supporting their legislators through the legislative process. If they do so the legislators should have confidence that they can ask tough questions and demand accountability without fear that doing so will cost them their seats.

As constituents it is to our advantage to focus our efforts on those who represent us. If we voted for our representatives we should have done so because we believe in what they are said they would do, and if we did not vote for them we should be letting them know what we want from our representative. Many politicians say that they intend to represent those who opposed them as well as those who voted for them, but if we do not communicate with our representatives, whether we voted for them or not, they are not able to accurately represent us.

I have found that my efforts are much more rewarded by contacting my representatives, whether I voted for them or not, than if I spend my time shouting into space about what the legislature as a whole should be doing.

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Federalist No. 46

Posted on 2009-01-02 by David

The subject and position of Federalist No. 46 is not substantially different from Federalist No. 45 and my reaction is largely the same as before. On the other hand, Madison makes an important point that expands the scope of my reaction.

Notwithstanding the different modes in which they are appointed, we must consider both of them as substantially dependent on the great body of the citizens of the United States. . . The federal and State governments are in fact but different agents and trustees of the people, constituted with different powers, and designed for different purposes.

My initial reaction was that, like the states, the people in general are no longer guarding their liberty so much as their financial security. Some further consideration convinced me that Madison was right and that my reaction was actually an indication of the fundamental problem.

The adversaries of the Constitution seem to have lost sight of the people altogether in their reasonings on this subject; and to have viewed {the federal and state governments}, not only as mutual rivals and enemies, but as uncontrolled by any common superior in their efforts to usurp the authorities of each other. These gentlemen must here be reminded of their error. They must be told that the ultimate authority, wherever the derivative may be found, resides in the people alone

Although it is easy to feel that the government has gone out of control we must remember that we still have relatively free, fair, and regular elections. The fundamental problem which allows the government to exced their constitutional bounds is not that there are no reins, but that we the people have let go of the reins (this is especially true in places like Utah where the participation in even the most basic civic functions like voting is abysmal). The result is that our runaway horse of government is sometimes staffed by officials elected to virtually hereditary positions and while we may yell about the dangers of the course being taken by our uncontrolled stagecoach, the actual solution is for us to undertake the challenging task of grasping the reins once more and asserting our control over the horse of government. Only after we have tried our hands at the reins can the horse truly be said to be a runaway – prior to a serious attempt at control it is our own failure and not the fault of the horse.

One final quote that I really appreciated:

Measures will too often be decided according to their probable effect, not on the national prosperity and happiness, but on the prejudices, interests, and pursuits of the governments and people of the individual States. What is the spirit that has in general characterized the proceedings of Congress? A perusal of their journals, as well as the candid acknowledgments of such as have had a seat in that assembly, will inform us, that the members have but too frequently displayed the character, rather of partisans of their respective States, than of impartial guardians of a common interest;

Interestingly, the final protection against a federal takeover of the lives of the citizens (as cited by Madison) is the right of the people to keep and bear arms. An alarmist would be quick to take every attempt to regulate the keeping of arms by private individuals as a fundamental threat to individual liberty – and their alarm would not be without legitimate foundation.

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Annapolis Convention

Posted on 2009-01-01 by David

It was not so long ago that I became aware of the Annapolis Convention of 1786. Though I had started reading the resulting report before I got my pocket Constitution I was very excited to see that it was included there. It was there that I finally sat down and read the report through. I found it interesting that the major theme of the convention proceedings was that a Constitutional Convention should be called precisely because the remedies necessary for the defects in the Articles of Confederation exceeded the scope of authority that had been granted to the delegations from the states that attended the Annapolis Convention (5 state delegations were at the convention, 4 more had been commissioned but were not at the convention, and the final 4 states had not commissioned delegations for such a convention). With that background it becomes very hard to consider the argument that the members of the Constitutional Convention exceeded the bounds of their authority. Having had this report published I would think that every state would have sent delegations to the Constitutional Convention with fairly open-ended authority.

Sometime after reading these proceedings I began to wonder what might come out of a similar convention today. Of course the delegations to the Annapolis Convention were charged with addressing a specific issue (the regulation of commerce) and found that no viable solution was forthcoming which would not affect many other issues as well. I do not imagine a convention charged wtih fixing an issue, only one charged with studying our government and comparing what our government is doing with what was written in the original Constitution, what is written in the succeeding ammendments, and poosibly providing their perspective on where our practices are improvements from what is written and where they should be brought into conformity with our established Constitution.

Because all three branches of government would be under review, the delegations should not include those who are currently holding political office at the federal level (I was at first inclined to think that such a review could be conducted by judges from around the nation). Instead, I think that such a convention should consist of people chosen  from the local people from each state – for the sake of variety and balance I would imagine an ideal convention to consist of three Republicans and three Democrats from each state (and probably D.C. as well). Some people might think a convention of 300 participants would be too large to be effective in such an undertaking, but considering that there are over 300 Million people in the country it seems reasonable to have that many representatives. (Besides, it’s still smaller than the House of Representatives.)

Those who argue that the large states are being underrepresented (as some undoubtedly will) should be reminded that the convention would have no power except to study, publish their findings, and possibly make recommendations. I believe that the voters of our nation would be very surprised by the findings of such a convention.

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Federalist No. 45

Posted on 2008-12-31 by David

I wish we had a constitutionally limited federal government such as the one that Madison is promoting/defending in Federalist No. 45.

the next question to be considered is, whether the whole mass of {the powers transferred to the federal government} will be dangerous to the portion of authority left in the several States.

Madison argues that there is little danger from the federal government to the authority of the states. Perhaps we can forgive him as his frame of reference was that:

history does not inform us that either {the Achaean league or the Lycian Confederacy} ever degenerated, or tended to degenerate, into one consolidated government. On the contrary, we know that the ruin of one of them proceeded from the incapacity of the federal authority to prevent the dissensions, and finally the disunion, of the subordinate authorities.

With the advantage of hindsight we can see where we diverged in practice from the foundations laid for oureffective but limited government.

The State governments may be regarded as constituent and essential parts of the federal government; whilst the latter is nowise essential to the operation or organization of the former. Without the intervention of the State legislatures, the President of the United States cannot be elected at all. They must in all cases have a great share in his appointment, and will, perhaps, in most cases, of themselves determine it. The Senate will be elected absolutely and exclusively by the State legislatures. Even the House of Representatives, though drawn immediately from the people, will be chosen very much under the influence of that class of men, whose influence over the people obtains for themselves an election into the State legislatures.

Today it would be much more accurate to say that state governments may be regarded as constituent, but in no way essential, parts of the federal government while the federal government is absolutely essential to the operation and organization of the state governments (financial dependence will do that to you every time). State governments now play a token role (if any role at all) in the election of the President, the senate is no longer elected in any way by the state legislature, and the fact that the members of the house of representatives is drawn from the ranks of those who would also be chosen into the state legislatures is no form of protection for our liberties.

The number of individuals employed under the Constitution of the United States will be much smaller than the number employed under the particular States. There will consequently be less of personal influence on the side of the former than of the latter. The members of the legislative, executive, and judiciary departments of thirteen and more States, the justices of peace, officers of militia, ministerial officers of justice, with all the county, corporation, and town officers, for three millions and more of people, intermixed, and having particular acquaintance with every class and circle of people, must exceed, beyond all proportion, both in number and influence, those of every description who will be employed in the administration of the federal system.

The number of people employed by the federal government and its many agencies is enormous and while it may not have been true in the 1880’s, today more people can name their representative and senators at the federal level than can do so for their state representatives (admittedly, many people can not name any of their representatives). This discrepancy illustrates that the influence of the federal officers exceeds the influence of the local officers even at the local level (despite the fact that the local officers have more direct impact on the lives of citizens).

The powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite. The former will be exercised principally on external objects, as war, peace, negotiation, and foreign commerce; with which last the power of taxation will, for the most part, be connected. The powers reserved to the several States will extend to all the objects which, in the ordinary course of affairs, concern the lives, liberties, and properties of the people, and the internal order, improvement, and prosperity of the State.

While the powers granted to the state governments are still indefinite today, the definer of those powers in practice has been the Federal government. And while the powers delegated tot he federal government are defined, the federal government has felt no obligation to limit their exercise of authority to those defined powers. Also, as the federal government has exercised increased authority, they have generally done so over "internal objects" which concern the lives, liberties etc. of the citizens in their ordinary course of affairs – directly infringing upon those areas of authority which were to be within the purview of the state government.

It should be noted that most of these changes in our society and political structure are a direct result of ill-advised changes in the Constitution. Those which are not a result of changes in the Constitution are a result of the Constitution being trampled and ignored.

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Federalist No. 44

Posted on 2008-12-30 by David

Although it is not the central point of Federalist No. 44, I found it very interesting to read the fervent distrust of paper money that the defenders of the Constitution had based on their experience – especially considering our present circumstances of economic uncertainty that are largely due to the instability of paper currency (which we manipulate, and experience steady inflation and erratic deflation).

I also found another example of an assumption of our founders which has since been rendered false – this one relates to the checks and balances to be found between state and federal authority.

as every such act of the {federal government} (to violate their Constitutional authority) will be an invasion of the rights of the {state governments}, these will be ever ready to mark the innovation, to sound the alarm to the people, and to exert their local influence in effecting a change of federal representatives. There being no such intermediate body between the State legislatures and the people interested in watching the conduct of the former, violations of the State constitutions are more likely to remain unnoticed and unredressed.

If our states today were truly guarding their constitutional autrity with the jealousy that the founders envisioned I doubt that we the federal behemoth that we are carrying around today which, due to its sheer size, has convinced a large portion of our society that it is capable of solving all our perceived woes. The unfortunate truth is that our states today hardly even whimper at any violation of Constitutional authority by the federal government. There are rare exceptions – such as the backlash against the Real ID Act – but those cases are often nothing more than a plea for full funding when they are asked to implement a federal program that exceeds the Constitutional authority of the government. The states no longer guard their authority – they simply guard their balance sheets.

At the same time, the statement that there are no intermediaries watching the state governments and calling the people to action reamins as true as it was presented in 1788. One might expect that job to be handled by an independent and free press, but the press has done no better at that task than the state governments have done on their level.

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The Revolution

Posted on 2008-12-29 by David

After the primary season and the surprises from the Ron Paul campaign I have wanted to read his book, The Revolution – A Manifesto, for quite some time. I had to wait or quite a while before it became available at my library (apparently I was not very early in placing my hold). I was interested to see what Ron Paul would write considering what he had said and what had been said about him.

I think the shortest accurate review of the book would read like this:

Forget everything you know, or think you know, about Ron Paul before you start reading this book. After you have read it decide what you really think about what he says here.

I honestly believe that the greatest disservice that most people could do to themselves when reading this book would be to color their reading with preconceived notions of how radical his ideas are. Personally I think it is always well worth my time to explore the ideas of a person who can alienate conservatives and liberals at the same time as he unites people from across the political spectrum.

After having read the book I would love to have someone, anyone, go through the book and refute the points that Rep. Paul makes with evidence and statistics rather than the simple and meaningless marginalizing treatment that he and his campaign receved throughout the primary process. I would love to see someone who could do that or the entire book, but I would be surprised if anyone could accomplish the feat for a single chapter of The Revolution.

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Christmas Present

Posted on 2008-12-26 by David

My wife surprised me for Christmas this year by giving me a pocket edition of the Constitution (which also contained the Articles of Confederation, the Annapolis Convention, the Massachusetts Bill of Rights, the Virginia Statute on Religious Liberty, and various other documents) – I was very excited. This morning I was at Lowe’s talking with an employee there who asked me what I got for Christmas. When I told her that I got a pocket edition of the Constitution she paused for a second before responding, "Is that what you wanted?"

Sometimes the only thing I would like more than that would be to have the ability to give a copy of the Constitution to every voter who has not already read it.

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Who Should Adopt?

Posted on 2008-12-24 by David

The debate over who should be allowed to adopt a child is a sensitive one. We have a system which tries to provide the best situation to children in need of good families, but there are more children than available families under the current definition. I think it is natural to be skeptical of the idea that we should let unwed partners adopt because that opens a door for some very unstable situations which are not beneficial to the children involved. The gay community (those that are interested in this particular issue) consider this to be discrimination because in this state all gay couples are unwed by definition. Of Rep. Rebecca Chavez-Houck’s "Forever Homes for Every Child" bill Senate President-elect Michael Waddoups accurately identifies the major objection/hurdle by saying:

That sounds like they’re trying to set up a family relationship that under [Utah’s same-sex marriage ban] isn’t allowed. … If we’re going to change the definition of a family, we should do it constitutionally — not through end runs.

Even if this is not intended as an end run around our Constitutional ban on gay marriage it will easily be perceived as such. The proposed bill gives adoption preference for married couples – which respects our value favoring a traditional family structure – but it opens the door for adoption by unwed couples with the consent of the biological parent(s) or if the child is in state custody. I believe that one minor modification the bill would support our value of granting primacy to the institution of family in this state. Simply put – I do not trust the state to make the decision to allow unwed couples to adopt children. If this proposal were changed to allow an unwed person or couple to adopt a child only "with the consent of the biological parent(s) and any legal guardian" I would fully support it.

The couple cited in the article is a biological mother (using a sperm donation) and her partner who are the only family their child has ever known. It makes perfect sense that the partner would be allowed to adopt and naturally the biological mother would grant the necessary consent. This change in the proposal would allow the biological parent(s) to specify one unmarried person or both members of an unwed couple as potential adoptive parents. It would allow the state or an established legal guardian to block such an adoption where the biological parent(s) choice of adoptive parents may be undesirable. Most importantly it would prevent the state from selecting unwed couples or individuals as adoptive parents for children who’s biological parent(s) objects or who do not have biological parents to speak in their defense or grant the necessary consent.

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Federalist Nos. 41 – 43

Posted on 2008-12-23 by David

These papers by Madison cover topics that had previously been addressed by Hamilton in Federalist Nos. 24 – 28, and 30 – 36 (covered here, here, and here).

Federalist No. 41 focuses primarily on the issue of standing armies, Federalist No. 42 concerns issues of foreign relations, law enforcement, and interstate commerce, and Federalist No. 43 addresses further specifics of law enforcement, interstate commerce and other miscellaneous powers specified in the Constitution.

I love this description of the Articles of Confederation from Federalist No. 42:

the articles of Confederation have inconsiderately endeavored to accomplish impossibilities; to reconcile a partial sovereignty in the Union, with complete sovereignty in the States; to subvert a mathematical axiom, by taking away a part, and letting the whole remain.

Federalist No. 43 contains a statement that describes a principle weakness of the United Nations:

Governments of dissimilar principles and forms have been found less adapted to a federal coalition of any sort, than those of a kindred nature.

I do not consider the words of Madison either inferior or superior to Hamilton on these subjects. I do believe that some people would be more swayed by one approach while other people would connect more with the approach of the other.

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