A Crucial Element of Democracy

This is a blog by Robert Gutierrez ...
While often taken for granted, civics education plays a crucial role in a democracy like ours. This Blog is dedicated to enticing its readers into taking an active role in the formulation of the civics curriculum found in their local schools. In order to do this, the Blog is offering a newer way to look at civics education, a newer construct - liberated federalism or federation theory. Daniel Elazar defines federalism as "the mode of political organization that unites separate polities within an overarching political system by distributing power among general and constituent governments in a manner designed to protect the existence and authority of both." It depends on its citizens acting in certain ways which Elazar calls federalism's processes. Federation theory, as applied to civics curriculum, has a set of aims. They are:
*Teach a view of government as a supra federated institution of society in which collective interests of the commonwealth are protected and advanced.
*Teach the philosophical basis of government's role as guardian of the grand partnership of citizens at both levels of individuals and associations of political and social intercourse.
*Convey the need of government to engender levels of support promoting a general sense of obligation and duty toward agreed upon goals and processes aimed at advancing the common betterment.
*Establish and justify a political morality which includes a process to assess whether that morality meets the needs of changing times while holding true to federalist values.
*Emphasize the integrity of the individual both in terms of liberty and equity in which each citizen is a member of a compacted arrangement and whose role is legally, politically, and socially congruent with the spirit of the Bill of Rights.
*Find a balance between a respect for national expertise and an encouragement of local, unsophisticated participation in policy decision-making and implementation.
Your input, as to the content of this Blog, is encouraged through this Blog directly or the Blog's email address: gravitascivics@gmail.com .
NOTE: This blog has led to the publication of a book. The title of that book is TOWARD A FEDERATED NATION: IMPLEMENTING NATIONAL CIVICS STANDARDS and it is available through Amazon in both ebook and paperback versions.

Tuesday, February 18, 2020

ALL THAT’S CONFLICTED NEEDS TO GO


The nation’s polity has recently experienced sets of activities that one can see as basic stabs at the legitimacy of the system.  Probably the most noted is the impeachment and subsequent trial of the President.  The other is the interference of the Attorney General into Justice Department investigations of the President’s allies in the political thicket.  One of the related issues into these events is the issue of partiality vs. impartiality.
          This blog does not cite these developments to pass judgement on them, but to take the opportunity of their notoriety to point out a concern about which Lawrence Lessig writes.[1]  That is the issue of partiality in the political landscape even when the involved institution is structured to minimize partiality. 
For example, that would include the courts and regulatory agencies that keep tabs of business activities in which their acts affect those businesses’ bottom lines.  It also, in some cases, affects the political maneuvering of the political players at a given time.
          The term that identifies the issue is “conflict of interest.”  People in general and the law have favored provisions that attempt to eliminate or, at least, minimize conflicts of interest.  This is particularly the case when it comes to the behaviors of businesses, political entities, and others who have, to some meaningful level, an effect on the welfare of people. 
Lessig describes how a mere owning of a share of stock issued by a corporation can undermine any decision by a judge in court if that judgement favors that corporation.  Surely, such a minimal stake would not have an effect, but the mere appearance of any sort of influence emanating from a possible financial stake taints that judgement.  Therefore, such a judge is expected to recuse him/herself from any such case.
What is important, then, among the other related issues is the appearance or suspicion of any such tie-in that might be viewed as a potential conflict of interest.  Why?  Because in such matters one is worried over an institution that, in turn, depends on people accepting established processes on how political or legal matters are handled and settled. 
They need to maintain their pristine reputation – their “optics” – as much as possible to retain their legitimacy.  And in this train of “why’s” the next one asks:  why are institutions important?  Because, and this is being highlighted in the current political scene, one cannot have a law for every development that causes damage to those processes a polity needs. 
Needs for what?  For actual governmental actions to occur that support or to avoid those actions that undermine the appearance of prudence and/or justice.  To what extent is this the case?  Lessig writes,
The answer to these questions is that uncertainty has its own effect.  The law might say someone is innocent until proven guilty.  But law be damned, if you learn that a school bus driver has been charged with drunk driving, you’re going to think twice before you put your child on his bus.  Indeed, even if you think the charge is likely false, the mere chance that it is true may well be enough (and rationally so) for you to decide to drive your kid rather than risk his life on the bus.  The charge doesn’t make the driver “guilty” in your head; but it certainly will affect whether you think it makes sense to let him drive your kid.[2]
So, if one imposes such a standard on a bus driver, what should it be on elected politicians, appointed or elected judges, or those who occupy bureaucratic positions – some having judicial powers over what millions of citizens or hundreds of businesses can do legally? 
Yes, the bus driver example is easier to visualize and when one is considering the fate of one’s child, that elicits a more visceral reaction.  But when one considers the numbers governmental agents affect, then reputation – what looks “kosher” – is very important.
          And to that degree, one can reasonably question the propriety of a judgement that is based on the “beyond a reasonable doubt” standard.  Reasonableness, when so many are potentially harmed, points to a less demanding standard to impart a guilty verdict.  That is, that standard can justly depend on appearances.  As such, it falls on public servants to secure that people do not have any reason – reasonably established or not – to suspect wrongdoing on their parts. 
That is why it is reasonable to question an Attorney General taking personal control over investigations that might unearth evidence of illegal or imprudent decisions or actions on the part of a President’s administration.  The AG is part of that administration and, therefore, such direct interventions points to a conflict of interest.  Hence, the institution – the established way – has been for the AG to keep an arm’s length from such investigations; at least, until now.



[1] Lawrence Lessig, Republic Lost:  How Money Corrupts Congress – and a Plan to Stop It (New York, NY:  Twelve, 2011).

[2] Ibid., 30.

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