13
   

Being wrong for the right reasons...

 
 
engineer
 
  2  
Reply Mon 11 May, 2009 03:08 pm
@Setanta,
Setanta wrote:

Theodore Roosevelt, Jr. was appointed one of the four police commissioners of New York in the 1880s. ... Taverns put out a few sandwiches, called it a meal, and poured the beers as fast as they could, claiming they were only serving a beverage with a meal. Roosevelt made the cops go in and shut these people down, and the city howled. ...

This is not the same comparison. He was appointed as a law enforcement officer. There is no vote here. His job is to enforce the law, which he did. Perhaps the others were not and that might be a topic for discussion, but this is not the same as a politician ceeding his vote to popular opinion.

Setanta wrote:

I don't think this is one of those situations. I don't think failure to recognize same sex marriages will work any hardship on the citizens of the District of Columbia. And i think Mr. Berry was obliged to respect their wishes. His "leadership" on such an issue would only alienate those who elected him.

This particular quote really bothers me. The majority rarely feel any pain in denying minorities their civil rights. In fact, it is usually the opposite with the majority enjoying more benefits as minorities are excluded. If working hardship is the definition of how to grant civil rights, we might as well give them up now.
Walter Hinteler
 
  1  
Reply Mon 11 May, 2009 03:29 pm
@boomerang,
boomerang wrote:

Even though I disagree with Mr. Barry's vote, I respect his reasons for making it.

What do you think?


Here, in Germany, members of our parliament are "representatives of the whole people, not bound by orders or instructions, and responsible only to their conscience". ("Basic Law" [constitution] of Germany, article 38.)

Though this might not happen -nowadays- generally, but I like it.
I like it more than acting in parliament just to get elected again.
0 Replies
 
Setanta
 
  1  
Reply Mon 11 May, 2009 05:41 pm
@engineer,
My point in bringing up Roosevelt was simply to point out that one effect of bad laws may well be their repeal. I then immediately pointed out that i don't consider this to be one of those cases. I was not comparing Roosevelt to Barry, now matter how attractive to the argument you hope to make such a conclusion may be. To that extent, your response is a straw man.

I am surprised that you are worried about denying civil rights to homosexuals in the matter of marriage law, and become concerned about my remarks with regard to the District of Columbia. Were you as concerned about this issue in 1996? That was when the Democratic President and a Republican Congress passed the Defense of Marriage Act. The explicit purpose of this act was to assure that no state or other governmental entity would be bound to recognize a same sex marriage as a result of the "full faith and credit" provision of Article IV, Section One of the constitution. So, in fact, the citizens of the District of Columbia, if this city council vote accurately reflects the will of the electorate, are denying to homosexuals no right which they had previously enjoyed.

The Defense of Marriage Act reads, in part:

No State, territory, or possession of the United States, or Indian tribe, shall be required to give effect to any public act, record, or judicial proceeding of any other State, territory, possession, or tribe respecting a relationship between persons of the same sex that is treated as a marriage under the laws of such other State, territory, possession, or tribe, or a right or claim arising from such relationship.

Therefore, your impassioned and noble remarks (please note the saracasm, if it does not immediately leap out at you) about whether or not majorities feel any pain in denying minorities their civil rights is so much horseshit. Had you informed yourself, you'd have known that under Federal law, homosexuals have no right to insist that their marriage be recognized out of the jurisdiction in which it was formalized. Therefore, this act of council in the District of Columbia denies no one their civil rights because no such civil right exists. Take it up with one of the eleven Federal Appellate District Courts, and push it to the Supreme Court if you are so sure that a majority is denying a minority their civil rights. But don't come over all holier than thou with me on a topic about which it appears to me that you are woefully ignorant.

*******************************************

Once again, Boom, i agree with you that Barry should vote as his constituents wish him to vote. I consider this a prime example of being wrong for the right reasons. Barry is only wrong by a tenuous description of what is right.
edgarblythe
 
  1  
Reply Mon 11 May, 2009 05:47 pm
You have to be cognizant of your constituents' needs and wishes. You also have to be a person of character, so that you can vote, at times, contrary to what they want. That said, I would have to be in Berry's shoes to make the decision he made (or not). I won't second guess at this distance, going on the information I have.
0 Replies
 
Debra Law
 
  1  
Reply Tue 12 May, 2009 01:27 am
@boomerang,
boomerang wrote:
I do think the people I vote for have a duty to represent me.


You may cast a vote for a particular candidate, but once a candidate is elected to public office, he/she has a duty to represent everyone--including those who are classified as minorities (e.g., gay people). I find it disheartening that a class of people who were historically oppressed are now among the most vocal present-day oppressors of homosexuals.

0 Replies
 
OmSigDAVID
 
  1  
Reply Tue 12 May, 2009 03:27 am
@boomerang,
boomerang wrote:

In The Phantom Tollbooth, Norton Juster wrote:

Quote:
For you often learn more by being wrong for the right reasons than you do by being right for the wrong reasons.


I've used that as my signature line on A2K for quite some time now and today I came across something that seemed to really exemplify it. Leonard Pitts writing on Marion Barry said:

Quote:
The former mayor and current city councilman of Washington, D.C. is a longtime supporter of gay rights. So observers were stunned last week when a bill committing the city to recognize same-sex marriages performed elsewhere passed the council on a vote of 12-1.

The ''one'' was Barry.

Wait, it gets worse. Barry said his position hasn't changed but warned that the council needs to move slowly on this issue. ''All hell is going to break loose,'' Barry said. ''We may have a civil war. The black community is just adamant against this.'' Indeed, after the vote, a group of black ministers reportedly ''stormed'' the hallway outside the council chambers, vowing political reprisals.

The Washington Post quotes Barry as saying he voted as he did because ''I am representing my constituents.'' He reminded reporters that ``98 percent of my constituents are black, and we don't have but a handful of openly gay residents.''

That's a lot of words to say what he could have said in three: I punked out.

There's something to be said for representing one's constituents. But there is more to be said for leading them. Barry's failure to understand the difference is galling in light of the fact that he was once a leader in the civil-rights movement.

Read all about it: http://www.miamiherald.com/living/columnists/leonard-pitts/story/1039247.html


I was reminded of when then governer of Oregon, John Kitzhaber, signed our Physician Assisted Suicide bill into law even though he, as an emergency room physician, opposed the law.

I respected his decision to sign, the people who voted him into office wanted the law passed, it shouldn't matter what he wanted.

I think the role of an elected official is to represent his constituents.

Even though I disagree with Mr. Barry's vote, I respect his reasons for making it.

What do you think?

Your position is MY position, Boomer.





David
0 Replies
 
engineer
 
  3  
Reply Tue 12 May, 2009 06:33 am
@Setanta,
Setanta wrote:

My point in bringing up Roosevelt was simply to point out that one effect of bad laws may well be their repeal. I then immediately pointed out that i don't consider this to be one of those cases. I was not comparing Roosevelt to Barry, now matter how attractive to the argument you hope to make such a conclusion may be. To that extent, your response is a straw man.

Ok, then we agree that Roosevelt is not really germane to the argument at hand.
Setanta wrote:

I am surprised that you are worried about denying civil rights to homosexuals in the matter of marriage law, and become concerned about my remarks with regard to the District of Columbia. Were you as concerned about this issue in 1996? That was when the Democratic President and a Republican Congress passed the Defense of Marriage Act.

Yes, I was equally concerned then.
Setanta wrote:

Therefore, your impassioned and noble remarks (please note the saracasm, if it does not immediately leap out at you) about whether or not majorities feel any pain in denying minorities their civil rights is so much horseshit. Had you informed yourself, you'd have known that under Federal law, homosexuals have no right to insist that their marriage be recognized out of the jurisdiction in which it was formalized. Therefore, this act of council in the District of Columbia denies no one their civil rights because no such civil right exists. Take it up with one of the eleven Federal Appellate District Courts, and push it to the Supreme Court if you are so sure that a majority is denying a minority their civil rights. But don't come over all holier than thou with me on a topic about which it appears to me that you are woefully ignorant.

I don't see how the fact of a Federal Law denying rights makes my argument that majorities do not feel pain in denying minorities' rights "horseshit". You seem to be saying this is not a rights issue because the federal government says so. I disagree. The federal government has passed shaky laws many times; that doesn't make them right. I would love to see a Supreme Court decision on the matter. Not that the court has a perfect record, but that is our system and I'm generally happy with it.

So far, I see two arguments proposed here. The original is that a politician is correct in voting against his conscience when that vote is in line with the majority of his constituents. I disagree. I believe in a representative form of government, it is the duty of the elected official to research issues and then to vote from a position of greater information than the population at whole. I also think it is the duty of that elected official to explain his position and to be held responsible for it by the voters.

The second argument (yours) is that bad laws will result in bad outcomes, resulting in pain felt by the voting public and therefore will be changed. If this is not your argument, please correct me. If that is your argument, then I completely disagree in the area of civil rights. In general, the majority gains by depriving the minority of rights since it maintains priviledge for itself. If your argument is that the recognition of marriage is not a civil right for whatever reason, I disagree with that. Whatever my level of ignorance on the pertinent legislation, it really doesn't change my belief on that particular issue.
DrewDad
 
  2  
Reply Tue 12 May, 2009 08:19 am
@engineer,
engineer wrote:
So far, I see two arguments proposed here. The original is that a politician is correct in voting against his conscience when that vote is in line with the majority of his constituents. I disagree. I believe in a representative form of government, it is the duty of the elected official to research issues and then to vote from a position of greater information than the population at whole. I also think it is the duty of that elected official to explain his position and to be held responsible for it by the voters.

Yup. Otherwise, let's just replace representative democracy with pure democracy.
0 Replies
 
Setanta
 
  1  
Reply Tue 12 May, 2009 08:53 am
@engineer,
"We" agree to no such thing. The Roosevelt example is germane in describing situations in which the enforcement of a law might lead to its repeal. I then noted that i don't believe that this is such a case.

It may come as a surprise or a shock to you, but i am not obliged to consult you on what may or may not be germane to a topic when i make observations.

Your argument is horseshit because the Federal Law ensures that no one has the right to impose the provision of "full faith and credit" on any jurisdiction which does not recognize the right of same sex marriage. Therefore, no rights are being denied because no such right exists. If you had read the opening material, you'd know that Barry voted for a measure which states that the District of Columbia will not recognize a same sex marriage from another jurisdiction. This is completely legal under the provisions of the Defense of Marriage Act. Therefore, your claim that someone's rights are being denied is so much horseshit, because no such right exists.

I disagree with the claim about an elected representative being elected to provide a form of leadership from alleged superior knowledge (i find it hilarious that you imply that there is any superior knowledge in the issue of the recognition of a same sex marriage from another jurisdiction) or a superior moral view. At the level of city councilman, certainly the electorate chooses a representative to make their views known in council, and i see no reason why people in a municipality would elect someone to vote differently than the views of the electorate who selected them.

It is not my argument that if laws cause people pain they will be changed. It was an observation on the side that such outcomes might result, and, once again, tediously, allow me to point out that i don't think that will result in this case.

Finally, as for DD's comment about "pure democracy," at the level of municipality and county, that is exactly what i see Americans as having. Municipalities and counties seek to pass bond referenda to finance projects. School districts seek to pass increased levies on the property tax to finance new schools, renovations, upkeep and material costs. When i vote, i vote on a host of issue which are decided directly the the electorate, and not through any notional leadership of the County Commissioners or the Mayor and Council. The constitution guarantees a republican form of government for all the states--a republican form of government means only that we have a society governed by laws, rather than by fiat by individuals. The notion that people will directly determine matters through the ballot, or will expect their elected representatives to vote as the public chooses is not at all inimical to the idea of republican government.

I remain convinced that only at the highest levels of government, and only in certain, uncommon circumstances should the elected representatives of the people attempt to lead them in directions which they were not previously disposed to go. Otherwise, i see it as the duty of the elected representative to effectively represent his constituency by voting as the majority which him or her to vote.

That one's personal, moral view is offended in all of this is not evidence that the principle is flawed.
engineer
 
  1  
Reply Tue 12 May, 2009 09:45 am
@Setanta,
Setanta wrote:

Your argument is horseshit because the Federal Law ensures that no one has the right to impose the provision of "full faith and credit" on any jurisdiction which does not recognize the right of same sex marriage. Therefore, no rights are being denied because no such right exists. If you had read the opening material, you'd know that Barry voted for a measure which states that the District of Columbia will not recognize a same sex marriage from another jurisdiction. This is completely legal under the provisions of the Defense of Marriage Act. Therefore, your claim that someone's rights are being denied is so much horseshit, because no such right exists.

I did read the opening material and saw that Barry voted against a measure saying the DC will recognize same sex marriages from other jurisdictions, a position that is contray to his stated position. You're saying there is no such "right" because federal law frees jurisdictions from having to recognize marriages done in other jurisdictions. I believe there is a basic human "right" to equal treatment under the law and that if the government is in the business of recognizing marriages, then they should recognize marriages. This same argument was being played out in the South forty years ago with bi-racial marriages. I don't think the DOMA overrides what I see as a fundamental right.

Setanta wrote:

I disagree with the claim about an elected representative being elected to provide a form of leadership from alleged superior knowledge (i find it hilarious that you imply that there is any superior knowledge in the issue of the recognition of a same sex marriage from another jurisdiction) or a superior moral view. At the level of city councilman, certainly the electorate chooses a representative to make their views known in council, and i see no reason why people in a municipality would elect someone to vote differently than the views of the electorate who selected them.

I don't find it unreasonable that an elected official would be more aware of the legal or constitutional issues than the electorate as a whole. He certainly has more access to experts and lawyers to help him understand the issues at hand, even at a local level. People elect someone who will represent them in a general way. There are single issue voters who vote just on one issue, but for the majority, they are representing someone who generally represents their views, not their views on every issue.

Setanta wrote:

It is not my argument that if laws cause people pain they will be changed. It was an observation on the side that such outcomes might result, and, once again, tediously, allow me to point out that i don't think that will result in this case.

Good, let's drop that argument. It's a side line anyway.

Setanta wrote:

Finally, as for DD's comment about "pure democracy," at the level of municipality and county, that is exactly what i see Americans as having. Municipalities and counties seek to pass bond referenda to finance projects. School districts seek to pass increased levies on the property tax to finance new schools, renovations, upkeep and material costs. When i vote, i vote on a host of issue which are decided directly the the electorate, and not through any notional leadership of the County Commissioners or the Mayor and Council. The constitution guarantees a republican form of government for all the states--a republican form of government means only that we have a society governed by laws, rather than by fiat by individuals. The notion that people will directly determine matters through the ballot, or will expect their elected representatives to vote as the public chooses is not at all inimical to the idea of republican government.

While the populus votes directly on some issues like those you highlight, there are many others where the local government takes action on behalf of the electorate. Just to run with your example, while school districts may have to go the to ballot to get approval for levying taxes, they make their own calls on where to build, what to build, how to redistrict, when to renovate, who to contract with, etc. All these decisions have large impacts and those officials take action in your name, without a ballot vote. The population may not like the redistricting plan, but the school board has a lot more information about complying with state and federal laws, legal mandates, etc. That's why we elect them and they make the call instead of putting the school redistricting plan to a general vote.

Setanta wrote:

I remain convinced that only at the highest levels of government, and only in certain, uncommon circumstances should the elected representatives of the people attempt to lead them in directions which they were not previously disposed to go. Otherwise, i see it as the duty of the elected representative to effectively represent his constituency by voting as the majority which him or her to vote.

OK. I disagree. Not that I expect elected officials to routinely be defying their constituents, but I think it is not uncommon for constituents to be lacking in information on issues large and small.
Setanta
 
  1  
Reply Tue 12 May, 2009 09:57 am
@engineer,
Regardless of how you see that law, it is the law, and one which Mr. Barry is not competent, as a city councilman, to change.

I have no reason to believe that you know that voters elect someone who they expect will mostly represent their views, but not their views on everything. People are notoriously unreasonable in their expectations of those to whom they give their agency, whether it is a school teacher, a lawyer or an elected representative. I see no reason to accept you dictating to me what it is that voters want when they elect someone.

If an elected representative feels that he or she has more or better information than the electorate, then he or she may attempt to inform the electorate. When the vote comes up, it is their duty, nevertheless, to vote as their constituents wish them to vote, because that is why they are elected.

I will drop or not drop a topic as i choose. I think the Roosevelt example is germane, and it could become decisive in the black community of the District of Columbia if they become more familiar with homosexuality and more comfortable with homosexuals. It might not apply right now, but it could well apply in the future. After all, the blue law Roosevelt enforced was passed decades before he decided to make an issue of it.

As for your other objections, i will first note that i was responding to DD, and not to you. My experience of DD is that he is more than competent to defend his own point of view, to expand upon it, or to object to my observations. Your objections are bootless as far as i'm concerned, because the public elects the school board members, the county commissioners and the city councillors. These officials are also subject to laws intended to prevent the abuses of privilege. I see no plausible reason from what you have written to assume that elected representatives are given carte blanche by the electorate, or that they are elected in the expectation that they will provide "leadership" even if contrary to the express wishes of the electorate.

I've already addressed the issue of the relative state of the public education of the electorate.
DrewDad
 
  2  
Reply Tue 12 May, 2009 10:06 am
@Setanta,
Setanta wrote:
Otherwise, i see it as the duty of the elected representative to effectively represent his constituency by voting as the majority which him or her to vote.

Each person votes for the person they believe will represent their interests most effectively. But no one elected official represents the ideal candidate. Officials have to guess as to what the electorate wants, unless they poll every single issue. And do they poll only those voters that voted for them? Or do they poll the entire electorate? That's Boomerang's whole point. How do they decide how to vote?
DrewDad
 
  1  
Reply Tue 12 May, 2009 10:10 am
@Setanta,
Setanta wrote:
Regardless of how you see that law, it is the law, and one which Mr. Barry is not competent, as a city councilman, to change.

And laws change. A discussion of what is right, is different from a discussion of what is the law, and both are related to how should he vote.
ehBeth
 
  1  
Reply Tue 12 May, 2009 10:27 am
@engineer,
engineer wrote:

boomerang wrote:

So you think Kitzhaber would have been right to ignore the majority of Oregon voters and veto the law based on this own moral principals?

I think it is his duty as an elected official to research the issue and then vote accordingly. Moreover, I think it is his duty to say "I voted this way and this is why." Claiming to set aside what he thinks of as the correct position due to peer pressure is a double fail for me.


word
0 Replies
 
engineer
 
  2  
Reply Tue 12 May, 2009 11:32 am
@Setanta,
Setanta wrote:

Regardless of how you see that law, it is the law, and one which Mr. Barry is not competent, as a city councilman, to change.

Mr. Barry is responsible for making local law. That is the only responsibility demand of him (or would demand of him if I lived in DC).

Setanta wrote:

I have no reason to believe that you know that voters elect someone who they expect will mostly represent their views, but not their views on everything. People are notoriously unreasonable in their expectations of those to whom they give their agency, whether it is a school teacher, a lawyer or an elected representative. I see no reason to accept you dictating to me what it is that voters want when they elect someone.

Set, I am not dicating anything to you. I am stating my opinion on an opinion board. Sorry if you perceive otherwise.

Setanta wrote:

If an elected representative feels that he or she has more or better information than the electorate, then he or she may attempt to inform the electorate. When the vote comes up, it is their duty, nevertheless, to vote as their constituents wish them to vote, because that is why they are elected.

OK, I understand your position. I disagree, but I understand.

Setanta wrote:

I will drop or not drop a topic as i choose. I think the Roosevelt example is germane, and it could become decisive in the black community of the District of Columbia if they become more familiar with homosexuality and more comfortable with homosexuals. It might not apply right now, but it could well apply in the future. After all, the blue law Roosevelt enforced was passed decades before he decided to make an issue of it.

I agree with you that it doesn't apply right now. I feel that in civil rights issues, enforcement of unjust laws (in general) tends to reinforce unjust behavior. It becomes a case of "it's always been that way" and "that's just the way we do things here."

Setanta wrote:

As for your other objections, i will first note that i was responding to DD, and not to you. My experience of DD is that he is more than competent to defend his own point of view, to expand upon it, or to object to my observations.

Yes, DD is the man. Always enjoy his posts. But I was not aware that you two had a closed thread. DD, if I have prevented your normally elegant arguments from taking bloom, I apologize.

Setanta wrote:

Your objections are bootless as far as i'm concerned, because the public elects the school board members, the county commissioners and the city councillors. These officials are also subject to laws intended to prevent the abuses of privilege. I see no plausible reason from what you have written to assume that elected representatives are given carte blanche by the electorate, or that they are elected in the expectation that they will provide "leadership" even if contrary to the express wishes of the electorate.

I'd argue that they do have carte blanche within the power of their offices (as defined by the appropriate laws intended to prevent the abuses of privilege) until the next election or the next law suit. The local school board has the power to bus my children across town if they so choose and they can put that plan in place even if every voter in town doesn't like it. Of course they will be out of office unless they can convince the electorate they are correct, but until the next election, they have the power and my only recourse would be to pull my children from the school system.
boomerang
 
  1  
Reply Tue 12 May, 2009 12:39 pm
What if it had gone the other way, engineer?

What if the constituents had wanted out of state gay marriage recognized and his research led him to believe this was a bad idea.

Would he have been right to vote against it because that's what his conscious told him was the right thing to do?

Would you still defend his right to vote his own mind?
Setanta
 
  1  
Reply Tue 12 May, 2009 12:46 pm
@boomerang,
There's the crux of the biscuit. It seems to me that Engineer's outrage is based upon his moral certitude that same sex marriage should be a civil right, whether or not it actually is. As i have pointed out, even if it is morally indefensible, Mr. Barry is not competent to rectify the situation--he can't change Federal law.
Setanta
 
  1  
Reply Tue 12 May, 2009 12:50 pm
@DrewDad,
Well i suggest to you that they should vote as the majority of their constituents want them to vote. Do note, though, that i have already pointed out that, in my opinion, voters are not reasonable about these matters, and expect their elected representatives to represent their views, even if it were unreasonable to expect the elected representative to know what those views are. As to what elected representatives may or may not know about what the electorate wants, i suggest to you both that competent politicians (as Mr. Barry undoubtedly is, given his career) know these things because of an ability to judge the mood of the electorate, and that they spend almost all of their time not devoted to their lawful pursuits attempting to learn what the electorate want. Not that they necessarily will do that, but they will certainly intend to be seen subscribe to those views.
Setanta
 
  1  
Reply Tue 12 May, 2009 12:52 pm
@DrewDad,
No ****, Sherlock. What lead you to this incredible insight? The point of Boom's title is that Barry voted as he thought he should to represent his constituency, rather than based on what he thinks is right.
0 Replies
 
engineer
 
  1  
Reply Tue 12 May, 2009 12:53 pm
@boomerang,
boomerang wrote:

What if it had gone the other way, engineer?

What if the constituents had wanted out of state gay marriage recognized and his research led him to believe this was a bad idea.

Then it is his duty to vote against the bill and state the reasons. I'm ok with assisted suicide, but the Oregon governor you mentioned failed when he supported the bill. (I think I've already posted this position.)

boomerang wrote:

Would he have been right to vote against it because that's what his conscious told him was the right thing to do?

Would you still defend his right to vote his own mind?

If Mr. Barry had said "I've reviewed this and for the following reasons, I vote against this bill..." I'd be perfectly ok with his vote although I'd think it was the wrong call. Were I a DC resident, he might not get my vote next time (although he might depending on his other positions). The fail here is voting against his opinion of what is correct and using the excuse that the public wanted it.
0 Replies
 
 

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