Categories
General

Legislator as Communicator


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The job of being a legislator demands that anyone who hopes to fill the role be a capable communicator. I’m not talking about the ability to speak in sound-bitese (although there is a place for that). I am talking about the ability to send and receive messages to voters and to other public officials they are called to work with (both outside and within the legislative body they are or hope to be members of).

Sending messages requires the ability both to craft a message and to deliver it in a way that it will be understood. That’s easy to say, but doing it is tricky as the message must be understood across a variety of media. The message must be understandable when it is delivered in written articles, interviews, town halls, sound bites, and in the various abbreviated forms that dominate the realms of advertising. Publishing is very easy in this age (just ask me, I’ve been publishing thoughts for years on many subjects), but some people realize that and seem to forget that actual communication is much more complicated.

Receiving messages  requires the ability to listen, read, or observe without filtering the input to remove any data that contradicts expectations. It also requires a willingness to be open to input from all sides and to make people aware of that willingness. That openness and ability to productively engage with detractors as well as supporters is crucial for a legislator to be effective and to have the necessary information to represent their constituents.

The skills of communication are one of the qualifications of a legislator that are crucial as part of the campaign and the actual job. In fact, the skills of communication should be vastly more important in re-election campaigns than fund raising (this is less true when first campaigning for an office). The only ability that should be as necessary as communicating in a re-election is the ability to work tirelessly.

Categories
culture

Liberty is . . .


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If I am pursuing liberty it seems reasonable to try defining what “liberty” is. Let me start off by saying that I chose the name very carefully and in the years since then I have confirmed many times that I chose correctly – liberty is what I am pursuing, and nothing short of liberty will satisfy me.

The primary (top) dictionary definition of liberty is:

a. The condition of being free from restriction or control.

b. The right and power to act, believe, or express oneself in a manner of one’s own choosing.

c. The condition of being physically and legally free from confinement, servitude, or forced labor.

I would like to add my own working definition of what liberty is. Let me preface that list of what liberty is with a couple of statements of what liberty is not:

Now for what liberty is:

  • Liberty is hard work
  • Liberty is personal responsibility
  • Liberty is the freedom to make choices
  • Liberty is attainable only on an individual level
  • Liberty is compatible with all universal laws (laws of physics, laws of human nature, laws of economics, etc.)
  • Liberty is the highest goal a person could achieve

Finally I would like to state that there is no such thing as purely political liberty except in the sense that it is possible to live in a society that promotes/provides political liberty while personally making choices that curtail ones own personal liberty. This means that in order to achieve political liberty we must be willing and able to attain personal liberty in other areas of life through our use of personal choice and accountability – anything less than that is simply freedom.

Categories
General

Legislator as Campaign Strategist


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I had thought to cover the ideal candidacy of a good legislator in a single post but it has become obvious to me that there is just too much to cover in one sitting. On top of that, the campaign is arguably the aspect of being a good legislator where candidates – whether they end up winning or losing – stray from what a good legislator should do.

From a campaign strategy perspective the most important thing that a good legislator should do is understand the system that they are to be working in. I saw what I thought was a good example of this in the Jason Chaffetz campaign for Utah’s 3rd District congressional seat in 2008. For the sake of clarity I would like to say that I was not part of the campaign nor do I live in the 3rd district  – I am simply an outside observer who happens to share the same party affiliation.

My observations were of a campaign where they understood the Utah Republican Party rules to receive the nomination and they focused their efforts on getting that nomination. As far as I could see goals of fund-raising were completely secondary to goals or raising support among those who would actually be casting the votes for the Republican nominee in the district – first the state delegates, and then the members of the Republican party when he fell just shy of averting the need for a primary race against Rep. Cannon. Again from my outsider perspective it appears that all other goals were designed and pursued only as a means of reaching and persuading those who would actually be casting the votes. Contrary to what seems to be the conventional wisdom, there is more to it than raising large amounts of money and buying up as much advertising as possible – as proven by the fact that Chaffetz was significantly outspent by Cannon.

The reason that a legislator needs to be a good strategist with a solid understanding of the system is not simply so that they can get elected, but also because those skills are important in working within the legislative body to which they are seeking membership. Again from my outsiders perspective Rep. Chaffetz appears to demonstrate this by the fact that he has been able to garner more attention and influence than I would have expected to see in a freshman congressman in the minority party of the House.

Categories
General

A Legislator as a Person


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When I assert that anyone who would be a good legislator must have some basic life qualifications I base that assertion on the example outlined in the Constitution where requirements are set for members of the House to be at least 25 years old and members of the Senate to be at least 30 years old. Basic age requirements such as these may be among the few life requirements that are truly objective and quantifiable but I believe they are indicative of a larger  (although still limited) set of subjective requirements that must be met by a good legislator. The age requirements set forth are appropriately different for different offices. The purpose of the age requirements is the same – it is intended to promote a level of maturity and life experience commensurate with the duties of the office.

Another subjective requirement of a good legislator include the ability to connect with the people that they would be representing so that they can understand their constituents and relate to them. Obviously they cannot expect to experience everything of concern to their constituents, but the ability to listen and empathize with those they represent. Due to variety among the constituents empathy will not always mean agreement but so long as the legislator feels that they are above the constituents rather than among them they will be unable to accurately and dependably represent their perspective within the legislative body.

The last subjective requirement that I would include is a degree of stability in the life of the legislator. While anyone can have their life disrupted unexpectedly it is unwise to choose a legislator whose life is currently riddled with disruptions. In a stable society the effects of legislation are often long lasting and thus should be protected as much as possible from avarice and caprice. Witness the situation in Massachusetts where the democratic legislature made a law when they had a republican governor that the governor could not name a replacement in the event of vacancy in the seat of their senators. Now a few short years later they have a democratic governor and an actual vacancy – so they change the law rather than wait to fill the seat after a special election as they had prescribed before. It is important that legislators have lives that are stable to give them the best chance at creating laws which will also be stable. A legislator who has a life currently marked by stability will be more likely to plan for the future for himself and for those that he represents.

Categories
General

An Ideal Legislator


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I seem to have caught the interest of some people when I offered to describe the job of a being a legislator. I said that it would take multiple posts (and it will), but I thought I should start out by explaining the scope of what I would be describing.

My view is that being a legislator involves being a person and thus the job of a legislator demands some qualifications within the life of the person filling the role. I believe there is a lot of room for variation, but there are some things that really are necessary in the life of someone who would be a good legislator. (If I still have any atheists among my readers let me just offer that having any religious belief or affiliation is not among the qualifications.)

Being a legislator also involves being a candidate in the vast majority of cases (there are obviously exceptions where someone is appointed to fill a vacancy in a legislative body) thus there are ways that an ideal legislator would approach the campaign process differently than a less-than-ideal legislator. Watching campaigns today is a good way to observe how far our current political environment is from the ideal. (I know that when I talk about this there will be people who argue that what I say is impractical – in fact I would not be surprised if some of what I say gets labeled “political suicide.”)

Finally, being a legislator obviously involves participating in the process of crafting legislation. This is the most important aspect of what makes an ideal legislator and in some ways the least well understood. I would argue that a legislator who truly does their job in this area should not have to actively campaign for re-election other than to defend themselves against any unfair attacks from challengers. (I do make some exception in this for those who have not served a full term because of being appointed, and possibly also for first term representatives because they have served less than two years before voters are asked to vote again on filling their seat.)

Categories
General

No Individual Mandate. Period.


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photo credit: wstera2

When I responded to Obama’s Health Care Speech I said the following about the potential inclusion of an individual mandate in whatever health care overhaul bill is eventually debated in Congress:

In a nod to the necessity of compromise and political expediency (I do have a pragmatic bone in my body – somewhere) I will keep it out of the non-starter category and say that if it is extremely limited, as liability-only car insurance is, I could accept an individual mandate.

Scott challenged me on that position and I defended it as politically expedient. Now that I have had more time to think about it I believe that I can conclusively demonstrate why the president wanted to rush the health care legislation through before the August recess. His reason was that he understood that the longer people have to process the issue the more people will realize how little government can legitimately do to address this issue and how dangerous it is to allow Congress to employ tools that are not legitimately theirs in order to “fix the system.”

Categories
National State

What is the Job of a Representative?


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One of my favorite questions to ask candidates in the past has been “in your own words, what is the job description for the office you are seeking?” That continues to be one of my candidate questions because observing the representatives I have had (as well as members of Congress in general) convinces me that most of them do not understand what their job is. I have described many of them as representing the party or the government to their constituents rather than the other way around.

How would I answer that question? First let me say that my answer is generalized to apply to either Representatives or Senators. For one thing I would say that once elected they will be required to take an oath to support and defend the Constitution. As keeping their oath is a mark of the integrity that is central to any position of trust, I would say that keeping their oath of office should be first and foremost in any description of the job of their office. I would also say that the exact opposite of what so many seem to do (representing party and government to constituents) is another primary task of the office that they are seeking. In other words they should be representing the interests of their constituents (that’s different than representing the interests of their campaign donors) to the legislative body they are elected to be a part of. I do admit however that representing the government and the wider perspective on the issues of the day to their constituents does have a place in their role. One of the advantages of a representative form of government is that those chosen to represent each group of people have the opportunity to help the people they represent to gain a greater understanding of issues than their local perspective would otherwise afford them.

A more complete  description of what a legislator should do would take much more than one post. I hope to expound upon what a legislator is and should be in a series of posts in order to demonstrate how our current system has gone astray from the system that was designed and bequeathed to us by the founders of our nation.

Categories
General

Securing Liberty


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Statue of Liberty
photo credit: Brian Wilson Photography

I got a complaint on facebook over a statement I made that later amendments take legal precedence over earlier ones where both conflictingly address the same point of law. Here was the complaint:

I have a problem with the rationalization . . . that a later amendment takes precedence over an earlier one- That takes away all security in the freedoms that our constitution grants.

I don’t know how it is possible to fight common sense. If the city code states that housing density may not exceed 2 houses per acre and then a later city council passes an ordinance stating that housing density may not exceed 5 houses per acre it would be absurd to try stopping a developer who wanted to build a subdivision filled with 1/4 acre lots (at least it would be absurd to do so using the original density code to back up your complaint). The same principle holds true at every level of legal authority – including at the Constitutional level. The guarantees of freedoms in the Constitution are only binding from one time to the next if they are not challenged at that level of law. If the people of succeeding generations challenge and remove the liberties currently in the Constitution through new amendments there is no way today to prevent them from doing so.

Categories
culture National

Government Can’t Do Charity


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by HowardLake
by HowardLake

Those pushing the need for health care reform spend a lot of time talking about the uninsured and the many unfortunate people who cannot or will not afford to pay for health care. (Mostly they talk about the “cannot pay” people except when they are proposing to have individual mandates, then they start talking about “freeloaders” who don’t get insurance even though they can afford it.) These people claim that health care is a right and (although they don’t use the word) they are proposing that the government can and should provide charity care for those in the “cannot pay” camp. The only problem is that government has been trying to do that for a long time through medicaid and medicare. The fact is that government cannot provide charity care – government can only take from those it chooses to burden and give to those it chooses to help. This warps the system even when it is meant to level the playing field.

Categories
culture

Lincoln’s Second Inaugural Address


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I was tempted not to include Lincoln’s Second Inaugural Address among my review of founding documents, but I have become very interested in the parallels between the struggles over slavery and some of the struggles of our day. One question I asked as I read it again was, “have we learned anything in the last 150 years about how to deal with a peculiar and powerful interest within the nation?”[quote] I could not say whether or not we have learned that lesson, but I am confident that we will have occasion(s) in the future to find out whether we have learned that lesson.

I was reminded as I read it that having conflicting opinions and resolving on a uniform course of action while we hold differing perspectives on an issue is a universal and eternal aspect of having an existence endowed with individual liberty – we must learn that lesson individually and as a nation so that we can always say as Lincoln did (whatever the issue we face):

With malice toward none, with charity for all, with firmness in the right as God gives us to see the right, let us strive on to finish the work we are in, to bind up the nation’s wounds, to care for him who shall have borne the battle and for his widow and his orphan, to do all which may achieve and cherish a just and lasting peace among ourselves and with all nations. (emphasis added)