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NCSL Debates 'Republic on Trial'and Public Cynicism

by Judah Ken Freed

Representative versus direct democracy discussed at annual meeting for National Conference of State Legislators.
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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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Last update: 30 JANUARY 2009

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