When fairness produces paralysis.

AuthorMackey, Scott

Resolved: The American people hold their elected officials and the institutions in which they serve in very low regard. Unresolved: What to do about it.

There is no shortage of theories about why legislative bodies are held in such low esteem by the public and about how to improve the image of the legislature. Here is a short list of the new conventional wisdom:

* Education. Citizens have little faith in government because they do not know enough about it. If only we had more and better civics education, and people learned more about our government institutions, then their faith would be restored.

* The media. With its negative sensational approach, the press seldom reports on the success stories in American government. If only the media would change its focus, Americans would begin to trust government. Education comes into play here, too. We need to educate the media about legislative institutions and their accomplishments.

* Ethics. Loose ethics have undermined voters' faith in government officials, some of whom have been tainted in sting operations and other probes. Legislatures need to clean up the campaign finance system, tighten lobbying laws and create new ways to prevent unethical behavior.

* Reinventing government. David Osborne and Ted Gaebler argue that government structures are inefficient, and that governors and legislatures are handcuffing innovation and excellence in public employees. If we only free the bureaucrats - essentially put their brains to work for government - we can unleash their creative potential.

Yet states that have tried these approaches have failed to yield many tangible results. Recent polls show that the number of citizens who view government unfavorably is growing, not shrinking. Why?

New York lawyer Philip K. Howard has written a book that may provide some answers. The Death of Common Sense: How Law is Suffocating America offers a new take on the low public opinion of lawmakers. Among his key arguments: The modern approach to making and (especially) enforcing laws is so out of touch with reality that average citizens have simply given up on government.

Howard's book is littered with examples of ridiculous regulatory excesses and nonsensical laws, and rules that pay homage to procedure rather than results. According to Howard, government has become an obstacle to be avoided rather than a positive force for change. Bureaucrats are judged by whether and how they follow the rules, not whether the programs...

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