Thursday, February 24, 2011

The Un-Democratic Democrats

Wisconsin Democrats are acting in a most un-democratic manner. They are throwing up a barrage of rhetoric and threats to cover up their attempt to overthrow our system of government.

Consider the rhetoric - Americans are traditionally attuned to respond favorably to the use of the word "rights', so it is no surprise that the Unions massing their troops in Wisconsin, Ohio, Michigan and Illinois should be loudly decrying any attempt to take away their "right" of collective bargaining.

Interestingly, the things we traditionally associate with rights are those enumerated in the Declaration of Independence: the right to life, liberty, and the pursuit of happiness -and those listed in the Bill of Rights. However, increasingly the word right has been assigned to such notions as a right to a job, or a right to housing, or a right to health care, or a right to collectively bargain.

In the instance of collective bargaining as it applies to public employees unions, it has been historically  understood in the US that such unions were not allowed the power to hold the government hostage. The reason is fairly simple and was well-articulated by none other than FDR who said "All Government employees should realize that the process of collective bargaining, as usually understood, cannot be transplanted into the public service." This is more fully explained in the excellent article "FDR's Warning: Public Employee's Unions a no-no."

We must careful of the words we use when debating this subject. Public sector unions have no inalienable right to collective bargaining, In fact, allowing them that privilege is a danger to the Republic, as recent events have borne out. Also, since a civil and intelligent discussion must proceed through the use of accurate - not misleading - terminology, then it is dangerous to leave the erroneous rhetoric unchallenged. .

The Democrats and Unions cannot logically or morally claim that their cause is just. They are not disadvantaged workers, downtrodden by politicians or even the taxpayers; rather, they are the recipients of an ever-increasing cornucopia of benefits that has already outstripped the ability of governments at all levels to pay for them.

The public demonstrations are contrived to hold onto a political advantage that the Democratic Party has held for generations virtually unchallenged, but is now being exposed for the danger it presents to the very life of the country. So, in creating chaos and confusion, they are hoping to retain by force and obfuscation what they cannot win through democratic and open debate.

This point is strikingly clear in the case of the Wisconsin legislature in mid February 2011: The Democrat members of the Wisconsin Senate, now in the minority since the November elections of 2010 swept them out of the majority, have recognized that they don't have the votes to prevent the Republican reform-minded majority from unwinding the collective bargaining privilege that public unions have enjoyed for decades, which they have used to pillage and plunder the treasuries of local and State government with impunity. Faced with the prospect of imminent defeat, they walked out -en-masse - and are hiding out in another State, hoping that the Governor or the legislature will cave in and relent on the issue of collective bargaining. They are hoping to win through their absence what they cannot win through their presence.

It is interesting to hear the bleating of union operatives trying to portray themselves as reasonable and responsible - only desiring to "have a dialog" with the Republicans on the wage cuts and benefit costs - when the only position they took - up until the walkout - was a complete stone wall on any changes to the Union's privileges. Fortunately, the governor is hanging tough, as are the Republican legislators.

One thing, of many, is starkly obvious in this contest: it is plainly a partisan fight. It is clearly not about fairness or what is right for the citizens of the State, for if that were primarily the debate, one would see a smattering of support and differences of opinion regardless of Party. But no. The Democrats are starkly the Party of the extravagant Union position, and are willing to use extraordinary and most un-Democratic tactics to try to win. The Republicans are the adults, playing by the rules. The citizens of the state awarded them the majority to implement their policies, and the Democrats are plainly not going to allow the citizens' voices to be heard if they can help it. They want to win, even if they overturn the election. That is what this walkout is all about.

This idea of absenting oneself from an elected seat is dramatic, but to my mind, also fraught with danger. It must be taken as an axiom that when one is elected to "serve" as a legislator, the primary duty is to represent those who elected him, that is, they must "serve." And the only way they can do that is by being part of the body of legislators, taking their place and operating according to the State Constitution and legislative rules. Majorities have legitmate power that derives from the will of the people as expressed in their elected representatives. Majorities are formed through debate and compromise, so it is utterly destructive to our constituted form of government to attempt to redefine the rules by refusing to serve in the very seat that one was elected to occupy. In effect, it is equivalent to hiding the ball and bat if the game is not going the way you like. That ought to get you thrown out of the game.

That tactic is inherently unfair and undemocratic. The implicit agreement underlying our system of government is that we will settle our differences in the legislature, and whichever position wins the majority of the votes after debate, wins. We have forsworn violence and demonstrations threatening violence for reasoned debate.

The seated legislature is certainly not denying any Democrat a voice. On the contrary, the Democrats are refusing to be present and participate unless the Marjority concedes their their position before the Democrats agree to return. That is turning the whole system on its head.: the minority demands its way or will try to stop the majority from proceeding. Yet, that is obviously not how things are to work, and we should not stand for such tactics.

By their behavior, the Democrats clearly are not in favor of representative democracy when they don't think things are going their way. That was not the way the Republicans acted when Pelosi and Reid rammed their legislation through at the federal level. The Republicans stayed engaged and played by the rules even though they were bulldozed out of the way in the most crass manner, and were loudly critical. The Democrats acted like they did not care. They had "won" as Obama so infamously said in one bi-partisan meeting. Lacking the majority now, the Wisconsin Democrats have demonstrated that they have no stomach for democratic principles when they don't produce the results they want.

That is an utterly rebellious attitude toward the solemn responsibilities they have been elected to fulfill.

To remove oneself from the legislature by one's own choice is tantamount to a resignation, and perhaps that is exactly how the present Governor, Court or Legislature ought to regard their absence. The idea that a minority can check the majority by their absence is abhorrent to democratic institutions, and ought to be met with a firm response. They ought to be given a certain amount of time to present themselves for a quorum call, and if after a sufficient time has elapsed, they should be declared to have resigned from their seat - unseated by their own failure to take their seat - and the number of legislators needed to form a quorum reduced by the number of willfully absent members. An election can be called to fill the vacant seats.

That action by the present legislature can hardly be considered unfair. All that one needs to do to take his seat is to present him or her-self at a quorum call. Those who wilfully refuse ought to be dismissed.

I would argue that it is incumbent on the Governor and the legislature to vigorously address this situation and certainly not allow the renegade Democrats to win anything by this tactic. A failure on the part of the duly-constituted majority would be the destruction of the system itself. That must not be allowed to happen. Too much is at stake.

The nation and the world is watching what is happening in the Middle East with protests against un-democratic and unelected dictators, and likewise it is watching the attempt by the Unions and the Democrats to overturn the legitimate and democratic will of the people in Wisconsin and other States. It would be a tragedy to cheer on the oppressed peoples of the Mideast, while at the same time spurning our own functional electoral processe.

The Un-democratic Democrats must not be allowed to win this battle, or this war.