First, did we get here because there is a flaw in the
concept? Or, stated otherwise, is the
concept that the people control the government and not the other way, which historically
has always been the template for the relationship between the people and
government, so flawed as to be unsustainable?
We are not going to try to answer that question and here is
why – unless and until America is ready to impose strict and substantial
specific restrictions on its government personnel we will never know. The basic cause of the destruction of the
government being accountable to the people is that
government personnel – be they elected representatives (congress and a
president) or hired (bureaucrats and judges) have always pursued more power and once they
get it they have the control over the citizenry – by force of might or law or
the public treasury.
So, is there another way that we the people can get some of
the “by, for and of the people” at least shifted somewhat our way? Yes, there is. And it only requires two fairly common (meaning
already universally accepted) changes:
1.
All
litigation is conducted under the requirement of “loser pays.” Loser pays means that any court based legal
action is subject to this rule – if the plaintiff who brings the action –
individual, community, corporation or government loses the legal action they
are accountable for all the costs – both their own and the defendant who chose
to defend against the action. Similarly,
if the defendant who chooses to fight the action loses, they pay all the
costs. This is the universal law in all
the free, developed world with one notable exception – the US of A. TheFundamentals expands the concept to also
apply to government because we now live in a bureaucratic state wherein
government is the main perpetrator of or principal accessory to unnecessary, unwarranted, and in many
cases outright fraudulent legal actions against the people. How can we be sure that “loser pays” is a
needed corrective step for America?
Well, here are a few tells:
a.
One, it is already the law of the land across
the free world – the developed world – the world in which we claim some degree
of leadership and origination.
b.
It will be vigorously opposed by lawyers – with
trial attorneys leading the squealing.
De facto proof of its appropriateness and need.
c.
It will also be vigorously opposed by all
government bureaucrats, government employee (bureaucrats) unions and democrats. Double/Triple de facto proof of its
appropriateness and need.
d.
Can we be sure it will work? Of course not, but so far it is working
everywhere it exists.
2.
What is the other need? This one is also simple and it too is in
place in all developed countries and, surprise, it has been the law of the land
in many of our own states and lesser government entities. What is it?
Term limits. Vigorous and, most
important, short time periods for any person seeking compensation and power in
government and bureaucracies. History
has proven over and over again that such power, once attained, grows and is used
to control the people by a combination of force of might, law and the treasury. (Example: Illinois (and Chicago) have no term limits - we rest our case!)
Summary
– The fundamental: any community or
society which does not apply explicit and absolute accountability on its legal
system – criminal and civil is doomed. The
system is just too vulnerable to corruption.
The same goes for those communities that have not learned the lesson of
the societal ills that always accompany permanent politicians and bureaucrats –
be they kings, presidents or prime ministers; lords, congressmen or agency
heads (or mayors).
1 comment:
The concept of "loser pays" is a lofty, noble goal. However, be advised that in the 2015 Congress, 40% of its' members are of the legal profession. That's right: 40% Thus, the likelihood of "loser pays" becoming the law of the land is so remote as to be Martian rocks on Earth.
The 2nd concept, Term Limits, seems so basically sensible that we cannot help but wonder why the Founders didn't include it in the original framework. Of course, when we read history we come to realize that they never imagined career politicians, family dynasty's(Bush, Clinton, Roosevelt,, Kennedy, et al) would ensue. Their thought was that citizens would interrupt their chosen pursuit of happiness, devote a small part of their productive years in government service and gracefully retire back to their chosen career. Lack of foresight? Perhaps.
But the biggest fear of term limits would be the entrenchment of the bureaucracy, already bloated beyond the ability to sustain itself, corrupt and wasteful. Once bureaucrats figure out quickly that there will be a new set of inexperienced eyes every so often to watch them, they will rapidly take advantage of the naivete and plunder the treasury without fear of reprisal.
Try this idea on for size; Mandatory lengthy prison sentences without parole for any government worker at state level or higher and IMMEDIATE forfeiture of all pension rights involving betrayal of the public trust. Double the prison time for elected officials convicted.
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