State hearings on legislative bills derive from town hall
meetings, which predate state and federal constitutions. The Puritans
established town meetings at the same time they established various New England
colonies.
The animating spirit that informs both the town meeting and
state hearings on legislative matters is much the same: Governors and
legislators in a Republic derive their authority to govern from the people.
There is no place in a Democracy or a Republic for authoritarian rule. Indeed, there
is no place for authoritarian rule in a state in which men are ruled by laws
rather than other men: Even under a monarchical form of government; such was
the guiding principle of the founders of the American Republic.
When John Otis, the Advocate General of the Massachusetts
colony, was visited by agents of the King who hoped to secure his aid in
permitting customs officials to search Boston businesses with a general
warrant, he resigned his post immediately and signed on as attorney for the putative
“colonial smugglers.”
The colonists in Boston took to smuggling after the crown
had abolished Land Banks in order, patriots like Samuel Adams correctly thought,
to cripple competitive colonial commerce. Land banks issued currency backed by
property holdings rather than gold or silver, and commercial credit under such
a system rested upon property as security for loans. When the crown closed the
Land Banks, creditors demanded payment in gold or silver and recalled their
loans. Samuel Adams, the father of the American Revolution and the fledgling
nation’s earliest and most persistent apostle of liberty, correctly viewed the
credit crunch inspired by the crown as a frontal attack on colonial commerce.
Britain wanted to destroy its commercial competitors, and it could do this only
by destroying the liberty of everyone in the colonies. The crown also wanted to
generate revenue to support a growing governmental bureaucracy in newly acquired
colonies such as India – and to this end piled new taxes on top of a crown
inspired credit crunch, both of which quickly led to massive foreclosures.
Under English law, Otis knew, search warrants had to specify
specific locations and contain sworn complaints that goods were being smuggled.
At an open hearing in a public court, he
argued that the illegal general warrants, or “writs of assistance” as they were
called, conferred upon agents of the King “a power that places the liberty of
every man in the hands of every petty officer. If this commission be legal, a
tyrant, in a legal matter, also may control, imprison or murder anyone within the
realm.” It was during this defense that Otis first used the expression
“taxation without representation.”
Such was the power of public hearings and open judicial
proceedings in colonial times that Otis’ four hour defense of the rights of colonists
under British law made him an instant celebrity. Sitting among the spectators
was a 23 year-old John Adams, who later wrote, “Every man of an immense crowded
audience appeared to me to go away, as I did, ready to take up arms against
writs of assistance.”
Eventually, Otis was brought into contact with John Adams’
second cousin, Samuel Adams, the maestro of the town meeting and a journalist
of rare honor. Together they breathed on the live embers of a revolution.
There are practical reasons to justify open public meetings.
No single legislator or body of legislators can be expected to know everything
concerning the real world consequences of legislative measures, and public
hearings considerably expand the field of knowledge upon which reasoned
legislation depends. A public hearing is exactly what the term implies: A body
of legislators has written a bill and it wishes to know before passing the
legislation the certain, practical consequences of the measure; so it holds a public
hearing to hear from those directly affected by the bill what the practical
consequences of the legislation is likely to be be. Having heard from the
people, legislators may then adjust their bills to accommodate information that
certainly would not be available to them in the absence of a hearing.
In Connecticut’s new, progressive, one party state, public
officials – from Governor Dannel Malloy to an arrogant Democratic Party
monopoly in the General Assembly – consider open hearings as inconvenient
impediments, much in the manner of the crown during New England’s colonial era.
But, sadly, here in the state that once offered to the world the first written
constitution, always considered a break on overweening political power, there
is no Otis or Samuel Adams among us to warn of the predictable and known
dangers inherent in authoritarian rule. The very purpose of public hearings –
to inform legislators and check political presumption – is shrouded in the mist
of revered memory.
Everywhere in Connecticut’s resurgent, progressive, activist
government one sees the deadening hand of authoritarian party rule crushing
public hearings, smuggling self-serving legislative “rats” into omnibus bills
that legislators have not been given time to digest or debate in open hearings,
imposing burdensome new taxes during the worst recession since the Great
Depression, driving job producing businesses from the state, using tax money to
support crony capitalists, shelving bills that have wide popular support,
shaping behind the veil the future of Connecticut with a dispatch that King
George III in all his glory and power could not help but admire.
And among us, not a single cry from the rooftops – and no
Otis or Adams in sight on the horizon.
Comments
The absence of public deliberation at the State and Federal levels in the creation of legislation is at this point quite frightening. It's as if we have the disadvantage of pure democracy ("mischiefs of faction") without the potential advantage (of procedures of deliberation). One party rule doesn't necessarily result in this sort of tyranny. But when the party is of the Left, when it sees itself as morally superior with its truth marching on, when it believes the ends justify the means that's what we get. In any case, we are increasingly not self-governing. We're replacing King George with a self-interested democratic/socialist bureaucratic machine to which our legislature is an appendage.
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Hence it is, that democracies have ever been found incompatible with personal security or the rights of property; and have, in general, been as short in their lives as they have been violent in their deaths.
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