Morality and the Law

2005-07-06T20:01:00.000-07:00

MORALITY AND THE LAW
By Stephen Ellis

HOW MORAL ARE OUR LAWMAKERS

Ever wonder why it is that newly elected people rarely do what they promise to do? Whether you’re a Democrat, a Republican or an Independent, it really makes very little difference. Almost all candidates for initial public office seek to gain office because they really believe they can do some good for their constituents.

The elected candidate goes to Washington or Sacramento or Austin or Albany with a determination that their tenure of office will be different…that he or she will do something really good and constructive.

But let’s strip away the glitter for a moment and look at what really happens:

Let’s suppose that we elect a new Assemblyman to our California State Legislature and he has an important "agenda". He used to be a teacher for the L.A. Unified School District and he noted the shabby conditions of schools in his district. He mustered strong public support during his campaign by pledging to get our schools modernized, retrofitted and earthquake-proofed…to repair leaky conditions in their roofs, unsanitary conditions in their bathrooms, their chemistry labs…etc...and maybe even get the teachers to teach something other than how to survive a day with a bunch of screaming kids.

Our man (or woman) gets elected and arrives in Sacramento. He’s lucky enough to hire a good "bill-writer".

Finding a good "bill-writer" is like trying to find a Jewish neighborhood that doesn’t have a Chinese restaurant or a Pizzeria. They exist…but there aren’t too many of them.

A good "bill-writer" is someone who knows and understands the workings of the State Assembly and/or Senate and knows how to draft a "Bill" (proposed legislation) so that it will be considered seriously by the legislature.

Our "bill-writer" (hired at taxpayers’ expense), drafts the bill to improve the schools and our new Assemblyman tries to bring it to the Assembly floor so that it can be voted into law.

Lotsa luck!

In order to present his new Bill, our assemblyman has to bring it onto the legislative floor. He’s proven that he’s a good talker by getting elected, but that isn’t going to make any difference if no one in the Legislature will listen to him. He can’t just stand up and start talking…there are rules to be followed. He’s got to be recognized by the Assembly Speaker of the House…and that’s just not like rolling off a log. The Speaker is going to recognize and listen to those people who (a) are owed a favor by the Speaker, (b) who are responsible for the filling the Speaker’s re-election war-chest or (c) who maybe provide the Speaker with soft company on lonely nights. The Speaker is not going to recognize Freshman Assemblymen, especially those who belong to a different political party…and more especially someone who defeated a good friend of the Speaker in the election.

Ah, politics!

So, in order to get recognized and get his Bill introduced, our Assemblyman may have to find a "friend" in the Legislature: Another Assemblyman who is liked by the Speaker of the House. Finding such a friend is not necessarily easy. But it can be done. Usually through another member of the same political party.

But, guess what? Five will get you a hundred that "friend" is someone with his or her own "agenda". Let’s say the "friend" is from an agricultural community and wants to increase the irrigation water supply there.

So a deal is made: Our Assemblyman agrees to vote for his new "Friend’s" Bill and, in exchange, the new "Friend" will introduce our Assemblyman’s Bill on the House Floor.
This is a little like one hand washing the other, but in reality it’s more like "taking a shower with a friend".

So now, let’s assume, our new Assemblyman has managed to get his Bill introduced. Then what happens? The Bill is sent off to several different committees for study. If our new Assemblyman is a Democrat and one of the committees it gets sent to is dominated by Republicans, the Bill may never get reviewed by the committee…unless, of course, our new Assemblyman agrees to vote for some of that committee chairman’s favorite Bills. Even so, our Assemblyman’s Bill may be tied-up in committee for a long time.

Stinky politics!

Of course, even when the Bill gets a recommended approval from all the committees that review it, it must still go through the all-powerful "Ways and Means Committee" who has to determine how much enacting the Bill will cost and, most important, from whence will cometh the necessary funds.

In all probability the State’s school budget is committed for the next eight years, so even if the Bill survived the committees and went to the Floor of the House for a vote, it could not be put into the budget for the next eight years.

Assuming that everything goes well and Murphy’s Laws take a holiday, when the Legislature gets notice that our Assemblyman’s Bill may be presented for a full vote of the House, the Amendments start coming in: Dozens of other Assemblymen will want their Bills for smaller projects attached to your Bill so they can by-pass committees and get it voted upon by the House. To do that, they must have the permission of the Bill’s author, our Assemblyman.
Why would he allow a bunch of other Bills to be attached to his Bill that may convolute the Bill and even contain aspects that are contra to our Assemblyman’s original Bill? Because our Assemblyman wants his Bill passed.

"You want my vote on your Bill? Then attach my Amendment to your Bill"!

Now a lot of time has passed and our Assemblyman is now facing re-election. Our Assemblyman has to think in terms of getting re-elected so he can pursue his Bill (and other Bills he now favors). Our Assemblyman is now working full-time in Sacramento, and hasn’t got the time to go out and campaign door-to-door as he did originally. So now he has to rely on the media (TV, radio, billboards, etc.)…and that costs a lot of money!

Enter the Lobbyists.

Lobbyists are people who are paid by certain companies or groups of companies to represent their interests in Sacramento, Washington, etc. They are registered with the government so that you know who they represent. The people represented by Lobbyists may be large campaign donors….but the name of the game is "politics". They will financially support your campaign for re-election, but they want your votes on their pet projects.

I think you get the idea.

So why do people seek to get re-elected? Well, there are some who actually thrive on the routine in a State's Capital and get some nice, beneficial bills passed. Then, too, there are some rather incredible "perks" that come with the job.

While in Sacramento, our Assemblyman has learned something else: He is now a powerful person and people treat him like a powerful person. Everyone wants something from him, and is willing to pay for that something. Perhaps donations to his re-election war-chest; perhaps an expense-paid trip for him and his family to Hawaii to study the possibility of expanding tourism to California, etc.

There are numerous other "perks" that come with being elected to a public office including travel, an unbelievably good retirement package, etc.

Oye vay, politics!

So we get back to the morality of our elected officials:

Almost all start-out as morally pure and motivated. But having to live the game of "politics" does change a lot of people. That’s why term-limits were enacted. There’s a lot of good and bad to term-limits, but let’s save that for another day.

Stephen Ellis is presently a California Probate Referee for the Superior Court of California. The opinions expressed by Mr. Ellis are his alone and do not necessarily reflect the views of the court or any of its officers.

How Moral Are Our Lawmakers

Morality and the Law