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Thursday, January 9, 2014

The Umpire

Who acts as “Umpire” in the great American experiment in democracy?  How is the umpire protected from big money interests to complete our nation's great unfinished business --- achieving meaningful equality of opportunity?

Thomas Jefferson felt that the happiest society was one where inequalities of condition were not great.  As president, he considered what was needed for the happiness and prosperity of the people.  Jefferson talked about “a wise and frugal government, which shall restrain men from injuring one another.”  Further, that government should leave the people “otherwise free to regulate their own pursuits of industry and improvement, and shall not take from the mouth of labor the bread it has earned.”  Are these the government and conditions we are experiencing today?

Jefferson believed that the status of aristocracy, based as it was not on merit but inherited privilege, made it doubtful that this class would exercise its public obligation for human progress on its existing foundation.  Consequently, his ideas sought to restore “the natural order of freedom to give talent and virtue, which were scattered through all ranks of society, a chance to rise.”  He described his purposes in terms of “natural philosophy.”  Throughout his life, Jefferson never ceased to believe that men (white men, that is) by right were free in their minds and persons and that human society should guide its steps by the light of reason.

Today’s news media heaps praise upon America as a land of opportunity.  This praise is earned on merit.  The constitution requires all citizens to be considered equal under the law, that they should be afforded "equal protection of the laws."  But did the founding fathers designate anyone in particular to discharge the responsibility for fair dealing on a level playing field?  In other words, can we identify the Umpire?

Jefferson, for one, argued that it was the legislature, working in unison with the executive, which was best suited to play the unassuming, under-appreciated role of umpire.  On the important condition that proper policy was in place by the combined efforts of this pair, working together, then thereafter,

The path we have to pursue is so quiet that we have nothing scarcely to propose to our Legislature.  A noiseless course, not meddling with the affairs of others, unattractive of notice, is a mark that society is going on in happiness.  If we can prevent the government from wasting the labors of the people, under the pretense of taking care of them, they must become happy.


To this noiseless course approach,

It must be added, however, that unless the President’s mind in a view of everything which is urged for and against (a particular bill) is tolerably clear that it is unauthorized by the Constitution; if the pro and the con hang so even as to balance his judgment, a just respect for the wisdom of the legislature would naturally decide the balance in favor of their opinion.  It is chiefly for cases where they are clearly misled by error, ambition or interest, that the Constitution has placed a check on the negative (i.e.: veto) of the President.


So, it is the legislative branch which serves the role of umpire, calling balls and strikes, fair or foul, letting the citizens “play” and using its authority to maintain a level playing field.  But the ordinary citizen must be mindful that the “science of human nature” will be silently at work in the democratic process.  This involves an expectation of reasonable men acting reasonably in their own best interest.  That is to say, lawmakers face natural corruption by self-interest.

Notorious among the primary, big money, self-interest components of American democracy are the financial interests of capitalism, the resulting onset of political parties, large corporations, labor unions, lobby groups, political action committees, etc.  Importantly, each has evolved only after the constitution was enacted in 1789.  Together they tend to undermine the transparency necessary to understand how and why laws are made --- or not made.

The ordinary citizen may draw certain conclusions when wealth and income disparity are presently at an all time high, and those conclusions are not all positive.  For one, the situation is morally indefensible.  And for another, the legislative branch is inadequately protected from big money interests.  This confounds the quest to complete the great unfinished business of the nation --- achieving meaningful equality of opportunity.

How can the rules of the game be revisited to assist lawmakers with their inherently difficult role of impartial umpire in a level playing field society?  The good news is that sound, practical measures appear to be readily available.  Does the ordinary citizen possess the courage to meet the challenge of our time?


-Michael D’Angelo

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