| .NCSL
                           Debates 'Republic on Trial'and Public
                           Cynicism
by
                           Judah Ken FreedRepresentative
                           versus direct democracy discussed at
                           annual meeting for National Conference of
                           State Legislators..
 A
                           defense of representative democracy from
                           electoral corruption and the inroads of
                           direct democracy stirred lively debate at
                           a closing session of the National
                           Conference of State Legislators 2002
                           conference in Denver on July 26.
                            At the center of the
                           discussion was a new book from
                           Congressional Quarterly Press, Republic
                           on Trial: The Case for Representative
                           Democracy, by Alan Rosenthal, Burdett
                           Loomis, John Hibbing, and Karl
                           Kurtz. "The work originally
                           was a pamphlet written to educate new
                           state legislature interns," explained
                           panel moderator Gary Moncrief, a professor
                           of political science at Boise State
                           University in Idaho. "This was expanded
                           into a booklet for state legislators
                           themselves, and now it's become a
                           full-length book hot off the press for
                           state and Congressional
                           lawmakers." Why is the book
                           needed?  "Representative
                           democracy is under fire right now and it's
                           supporters are few," Moncrief said. "The
                           case against it is being heard everywhere
                           you turn in the media, so now the American
                           public has become very cynical about
                           government. Because the case for our
                           republic needs to be heard, this book
                           attempts to reverse that cynicism by
                           showing that democracy hangs on a
                           diversity of views being vigorously
                           represented."  "What resonated most
                           with me from the book," said Richard
                           Bagger, a New Jersey state senator, "was
                           the idea that most voters think their own
                           position is the only one that make sense
                           in any objective, scientific way. Voters
                           assume that any legislator who disagrees
                           with them must either be uninformed in the
                           grip of some nefarious special interest
                           that keeps them from the true answer." We
                           believe anyone who disagrees with us is
                           crazy. "I think the book is
                           too rosy when it talks about
                           representative democracy as a balance of
                           special interests," said panelist Alice
                           Madden, a Democrat elected in 2000 to
                           represent Colorado House District 14.
                           "Frankly, when I took office, I was amazed
                           at the overwhelming influence of special
                           interests in the legislature. I've seen
                           first-hand that when there is not a
                           balance of political power, when one party
                           has a landslide majority, it can cause
                           real damage." "She raises a point
                           I thought was missing from the book,"
                           injected Peter Harkness, editor and
                           publisher of Governing magazine,
                           affiliated with Congressional Quarterly
                           Press. "I wish the book had a serious
                           discussion about the influence of campaign
                           money, such as legislators accepting rides
                           on corporate jets to attend meetings. Even
                           where there clearly is no quid pro
                           quo, the public assumes these favors
                           are being traded for votes, and that
                           perception alone is devastating to public
                           trust." "The book does not
                           differentiate between the mindset for
                           Congress and state legislators," said
                           panelist Jeffrey Lane, vice president for
                           state and local government relations at
                           Proctor and Gamble, based in Cincinnati.
                           "State legislators tend to look at trade
                           issues differently than they do in
                           Washington, where the pressures of
                           national affairs tends to get things
                           screwed up. But other than that, I'd call
                           this book a 'must read' for legislators
                           and the public alike." "I think a better
                           title for the book would have been
                           'Republic At Risk,'" said David Skaggs,
                           former U.S. Representative from Colorado's
                           2nd Congressional District, now executive
                           director of the Center for Democracy and
                           Citizenship, also leading the Council for
                           Excellence in Government, based together
                           in Washington, DC. "The books is trying to
                           grab us by the scruff our collective necks
                           and remind us of what we set out do in
                           creating this democracy. If we do not have
                           the courage to stand up for our
                           principles, no one else will. "Nature abhors a
                           vacuum," Skaggs continued, "and something
                           will always fill the gap. If Congress or
                           state legislators give away power to the
                           executive branch, such as with a line item
                           veto, then legislators are saying, in
                           effect, that they cannot do their job
                           properly, so they might as well give up
                           and let themselves be ruled by a
                           king." "Any state
                           legislature is a difficult place to be
                           right now," said Art Hamilton, who spent
                           26 years in the Arizona legislature before
                           becoming senior government relations
                           representative for the Salt River Project
                           in Phoenix. "Legislators face a lack of
                           money, lack of resources, and lack of
                           public respect. This makes the job
                           unattractive, but on top of that, too many
                           people come into the state legislature
                           looking for the next step up the ladder,
                           rather than thinking it's a good place to
                           stay and work hard for the public
                           good." Hamilton
                           acknowledged the stress of having to
                           explain votes of conscience that go
                           against popular views, "but if your only
                           purpose in life as a legislator is to hold
                           up your finger to test the winds of public
                           opinion, you're missing the point. You
                           have to be willing to exercise your best
                           judgment and defend it on election
                           day." "In a time when the
                           public thinks that all politicians are
                           knaves or fools or criminals," said
                           Bagger, "we need to go out and
                           aggressively recruit the most talented and
                           creative people possible to run for
                           elected office. We've had no shortage of
                           candidates in New Jersey, but a lot of the
                           best people are discouraged from
                           running." "The challenge is
                           getting out the message about the value of
                           public service in the face of media
                           cynicism," said Harkness. "But the press
                           is having a hard time recruiting qualified
                           talent. Especially hard hit is the lower
                           paying print media, which has
                           traditionally set the agenda for the
                           higher paying electronic media, which
                           tends to operate on the principle in TV
                           news that if it bleeds it leads. Unlike
                           newspapers, how many TV stations have a
                           reporter permanently assigned to cover
                           local or state government?" "The media is
                           essential in making the experiment in
                           democracy succeed," said Skaggs, "but too
                           many reporters are doing the same thing as
                           legislators, thinking of their current job
                           as a stepping stone to something else
                           rather than doing the best job they can
                           right now." "The best way to get
                           the public to have confidence in state
                           legislatures and Congress is campaign
                           finance reform," said Madden. "Until we
                           have publicly funded election with free
                           media providing equal time for candidates,
                           the press and the public have a right to
                           be cynical about elections.  "I've talked to a
                           lot of good people,: Madden added, "who
                           said they would never run for Congress
                           because they don't want to spend half
                           their time fundraising when they should be
                           attending to their
                           constituents." "I think term limits
                           may be the worst things that's happened so
                           far to undermine representative
                           democracy," said Lane. "It takes years to
                           understand the legislative process from
                           the inside, and just when you finally have
                           the expertise to make a real difference,
                           you're out of office. That's why so much
                           of the legislative work now is being done
                           by staff instead of the elected
                           representatives, and that's why
                           legislators have to rely on partisan
                           lobbyists for information." "There's an
                           appropriate role for partisanship," said
                           Bagger, "We could not function in our
                           legislatures without the party system, but
                           it's hard to extend hands across the isle
                           after a mud fight." "Partisanship is one
                           of the reasons so many candidates are
                           running against the legislatures where
                           they intend to serve," said Hamilton.
                           "Given public attitudes, who's willing to
                           use their political capital to defend the
                           institution as a whole?" "Those in Congress
                           and state legislatures need to stop
                           thinking of themselves as partisans," said
                           Skaggs. "Instead, legislators need to
                           think of themselves as cooperative members
                           of problem-solving bodies working for the
                           common good. When the public sees that
                           happening, that's when cynicism will fade
                           and representative democracy will no
                           longer be on trial."    Revised
                           from first publication in The Colorado
                           Statesman
 August 2002
 (c) 2002-03 by Judah Ken Freed
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