James Madison and the citizen's informed consent – Commentary by Steve Scroggins
James Madison's birthday is March 16. How appropriate that it falls on what has been
dubbed as "National Sunshine Week."
After all, it was Madison, the acknowledged 'Father of the Constitution,' who said,
"Knowledge will forever govern ignorance; and a people who mean to be their own governors must arm themselves with
the power which knowledge gives."
In other words, accepting the precept that 'governments derive their just powers from
the consent of the governed,' what Madison was saying was that citizens must be informed in order to deliver
informed consent. That is, they must have access to information (open government) AND avail themselves of it. Madison wrote on the subject extensively,
but many of other Founders held and expressed the common belief that a free society cannot exist without an informed citizenry.
And what if that citizenry is without the means to be informed? It doesn't matter
whether that lack of information is due to apathy, or government secrecy in the name of "national security" or
local/State government secrecy in the name of "higher employment" and "competitive advantage." Regardless of
the 'justification' for secrecy, the result is the same. Madison stated it quite succinctly...
"A popular government without popular information, or the means of acquiring it, is
but a prologue to a farce or a tragedy, or perhaps both."
Both 'farce' and 'tragedy' seem to apply to the current GOP-controlled Georgia
legislature with regard to secrecy.
Right out of the 2005 gate bills were filed that would enable local governments to
work in secret with 'corporate interests' to take land (via the government force of eminent domain) from private land owners and give it
to corporate interests that promise to generate more tax revenue. Eminent Domain is supposed to be used only to
secure "the public good" (e.g., public roads, buildings and rights-of-way) with "just compensation," NOT to take from one private owner
and give to another in the name of "revenue-base enhancement" or to "remove blight."
On the up side, media outlets began screaming foul early in 2005 and in this instance
they did their duty to sound the alarm and alert the public when governments threaten to withhold information or
enact laws to shield their activities from public scrutiny. In 2006, some strong bills emerged to address the eminent domain issue, only
to be watered down by Perdue and whatever shady interests he was representing. With Secret Chamber Man, you never know. After saying he wouldn't meddle in the legislature's business,
somebody 'persuaded' him to do some hands on legislating and lobbying. Perdue's Lying Habit grows more and more legendary.
Do a Google Search for "national sunshine week." Then compare the ideas presented
there with the prevalent theme of legislation advanced during the 2005 Georgia General Assembly and continuing through 2006. Have a look at the list
of pending legislation (some good, some bad) that impacts citizen access and open government. There's a whole lot of monkeying around going on!
The tragedy is that the 2005 legislative session squandered precious time in an effort to
pass legislation that everyone KNEW---they HAD to know---that the public did NOT want. The farce is that they had the
audacity to think they could get away with it or force it through despite the opposition. Several secrecy bills are
still pending; the 'powers that be' apparently think they can ramrod them through while others have their wet fingers
in the wind to gauge opposition and potential backlash. For 2006, they scrubbed any meaningful agenda to pass placebo and lip-service legislation
designed to shield them in an election year.
Yet, as Jeff Davis has pointed out, some of these people apparently think they are
"bulletproof" and
beyond the reach of the people's rule at the ballot box. It's all part of an emerging pattern.
Sure, this legislature has passed some measures that are popular-----as long as those items didn't clash too much
with the interests of those mysterious and unelected 'corporate interests' that seem to be calling the shots from the
backrooms.
But popular ideas like a Fair Flag vote [ HB-15 ] are completely ignored, or more accurately, buried deep in third tier
sub-committees as a sure death sentence. A recent Mason-Dixon poll
showed that 79% of Georgia voters want to have a Fair Vote (regardless of which flag they actually prefer). Yet, it
seems the 'backroom boys' carry more weight with this Governor and legislature than those 79% of Georgians. It's not
only a farce, it's an outrage. Think about it. Eight out of ten Georgians want the Fair Vote. But
the two who
don't are calling the shots.
It's not just the Georgia legislature. Florida is having its own struggle to maintain
Sunshine Laws in the face of pressures from 'corporate interests' and the desire of the States and their politicians
to attract and recuit the monied interests into their respective States. Bad ideas spread like dandelion seeds in the wind. Sure,
we all want more jobs and economic prosperity, but the politicians are spending OUR MONEY to buy headlines and votes for themselves and the
corporate interests are milking local governments (taxpayers!!) for every dime they can.
But again, it doesn't matter whether essential information---and therefore essential
power and essential liberty----is surrendered in the name of "security" or in the name of "economic development."
The result is the same.
As Mark Twain once said, "No man's life, liberty or property are safe while the
legislature is in session." True as that is, it's the local governments that are more likely to take away your property
or permit a zoning change that's detrimental to your quality of life and property values.
We have plenty of arrogance and defiance to deal with in our legislature. But most
folks think we have a handle on what they're up to. Generally speaking, that may be true, but there are a number of
instances where the planning and backroom deals went on without public scrutiny. Three which come immediately to mind
are one-term Governor Roy Barnes and his backroom deals to steal the Georgia flag and ram a new one through in a sneak attack. Another is Perdue's
backroom deals to sell a promised Fair Vote for a tobacco tax increase. And finally, the GOP-controlled House changed the rules in order to allow
legislation to be pushed through quicker, in a 'blitzkrieg' if you will, using what they call 'hawks' to stack committee votes in their favor.
We can't necessarily prevent a sneak attack, but when they act and their actions ARE in
the public eye, we can react at the ballot box. Just ask Roy Barnes. The current one-term Governor will learn the
same lesson in 2006. The best deterrent to such brazen thwarting of the people's will is swift and sure punishment.
The scary part of this severe secrecy front that's storming Georgia this session is
the thought of local governments working with corporate interests to take your property or mine. These "economic
development" meetings and local zoning meetings are what they want to shield from public view and convert to 'backroom'
meetings. If they get their way, we won't find out until it's too late to undo a "done deal" and our property can be
seized or rendered worthless by the stroke of a pen---without any input or recourse.
Fortunately, Senate Bill 5, the worst of the "land-grab" bills
was soundly defeated by overwhelming public reaction. But other less 'ambitious' legislation continues to march forward, with the same ill-intent. History
shows that liberty is lost most commonly by gradual erosion rather than frontal assault.
Based on his writings, we all know where James Madison stood with regard to open and
accountable government. ALL of the government's just powers derive from our informed consent. If we allow them to
withhold or conceal information----for ANY reason----we will rapidly accelerate down the proverbial slippery slope.
We know about these brazen power-grabs of 2005 and slimy sellouts of 2006. If we, the people, don't react with swift and
certain retribution at the ballot box, we will encourage MORE of the same. Will the efforts of James Madison and the
other Founders be in vain? Will American liberties be surrendered to the highest bidder without a struggle?
The brazen 'bulletproof' backroom boys apparently think so. The new sheriff in town thinks so. What do you think?
"[T]he necessity of any Government is a misfortune. This necessity however exists; and the problem to be solved is, not what form of Government is
perfect, but which of the forms is least imperfect." ----James Madison
We could make our Georgia government MUCH LESS imperfect if we PUNT PERDUE and remove his secrecy and sellout posse from
the General Assembly.
Related Links
Sonny's Non-Sunny Forecast: A severe Secrecy Front
2006 Legislative Watch on Sunshine laws - gfaf.org
A Georgia Citizen's Guide to Open Government - gfaf.org
Baker blows sunshine into Sonny's Shady Backroom - J.A. Davis
HB 218 on Public Records - economic Development - General Assembly
Legislative Alert - HB218 - secret meetings bill update
Georgia Sunshine Laws - Georgia Press Association
Republicans think they are bulletproof
The Papers of James Madison
National Sunshine Week promotes access to government workings
Sunshine Week good time to kill HB340 - Athens
They Should let the Sunshine In - Houston Home Journal
We must make sure the sun shines in on government actions - Gainesville
Sunshine Dims in Legislature - Savannah
Sonny Perdue is Secret Chamber Man - X-Files
Trust the Republicans on secret meetings---NOT!
Steve Scroggins lives in Macon and contributes most of GHC's parody
and political cartoons and graphics.