Thursday, March 3, 2011

Politicians on the Lam

Wisconsin’s Democratic state senators are still missing in action. They fled the state a couple of weeks ago to deny a quorum, preventing the incoming Republican majority from passing legislation that would eliminate the right of state employees to bargain for fringe benefits. Since a large chunk of the union dues paid in the state flow directly into Democratic campaign coffers, The Democrats’ desperation to defend their power base, as well as the Republicans’ determination to reduce union power are both understandable.

When the Dems first bolted across the border to Illinois, I appreciated the free entertainment. I enjoy a good piece of political theater as much as the next man, and it was good of our fellow countrymen in the great white north to provide a terrific piece of grandstanding. It reminded me of professional wrestling. The same histrionics. The same larger than life conflicts. And ultimately, the same preordained conclusion. After all, the Republicans had the votes.

By going on the lam, the Democratic senators focused a lot of media attention on the issue. They also bought time to try and swing public support to their side. All well and good, and for the first few days, entertainment value aside, I thought the desertion a legitimate delaying tactic.

That changed when the Democrats realized they could stay away indefinitely, and began issuing demands for their return. They would return to the state capitol, but only if the offending legislation was removed from consideration. That is not only profoundly undemocratic, but it sets a dangerous precedent as well.

Representative democracy is primarily a matter of majority rule. If you get 50% plus one vote on an issue, the gavel comes down, and it is the law. 100% of the citizens must comply. There are two types of exceptions to the rule of the majority. First are rights that are built into the state or Federal constitution. These rights, such as freedom of speech and religion, are unalterable by a majority, no matter how large. A minority of one gets to practice his right of free speech, no matter how repellent that speech is, and 100% of the citizens must allow that. An independent judiciary acts as the safeguard of those rights.

You can also have preset procedural rules requiring a greater than 50% plus one majority for certain purposes. Three quarters of the states have to ratify an amendment to the US constitution. In the US Senate, 60% of the Senators must agree to stop debate before a measure can be voted on. California has a rule that two thirds of the legislature has to approve a tax increase before it can take effect. The key to these procedural safeguards against change are that they must be put in place before they take effect.

What the Wisconsin Democrats are doing is demanding a power be ceded to them, the power to block legislation they don’t like, even though they are in the minority. Regardless of your stand on their objections to the law in question, this tactic is a power grab, plain and simple. It goes beyond partisanship into a tribal level of identity politics.

It also provides a dangerous precedent. Until recently, Wisconsin was a majority Democrat state, with the Republicans in the minority. If, during the Republicans time of ascendency, this refusal to participate actually bears fruit for the Democrats, they will find the taste of that fruit bitter indeed, and sure to prove indigestible.

After all, what is sauce for the goose is sauce for the gander. Should the current Democratic tactics work, then the Republicans will surely adopt them when next the political pendulum swings to the other party.

We will have moved from principled disagreement and potential compromise to the political equivalent of hostage taking.

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