THE
DUTY OF A LEGISLATOR
by John
Martin
January 3, 2005
As the next regular session approaches this February, what
would cross most people's minds when asked about the duty of
their legislators (and likewise their Congressmen, Senators,
county commissioners, etc.)? Some might answer, "To pass
laws--to legislate" or a similar response. Another frequent
answer is to bring money--i.e. pork spending--or
"growth" to his district. Alas, too many people judge
their legislators by how much money they can dip out of the
public pie and spend on programs instead of standing up for
individual liberty and free enterprise.
So what, exactly, is the duty of a legislator? The first
thing, it is NOT to jump up and pass as many laws as he can. If
anything, it is to do just the opposite--to PREVENT the passage
of any law that is unconstitutional, oppressive, or unnecessary.
Today, that would be 99 percent of all the bills that come up to
the floor. Let me repeat that--99 percent.
What are these 99 percent? They include all bills that do any
of the following--increase taxes, impose new taxes, increase
revenues, impose or intensify regulations or mandates, violate
individual liberty or property rights, seize or condemn property,
annex property into cities without a vote of the people, invade
privacy, create or condone "crimes" that have no
victims, create or maintain programs that should be left to the
private sector, overspend (appropriate more money than was
collected last year), expand the size or power of government, or
violate the U.S. or Alabama Constitutions in any way--the
Constitutions' PRINCIPLES, even if there are loopholes or
inappropriate amendments that otherwise might make them
"legal."
Every legislator should understand that America was founded on
individual liberty, independence, and a very limited role for
government. This is the bedrock that made America the greatest
and most prosperous nation in the world. It is a sharp contrast
to socialist and communist nations that let government run
people's lives, stifle productive work ethics, and enslave
the people to eternal poverty.
This principle is also clearly illustrated in the most
important statement in the Alabama Constitution--Article 1,
section 35: "That the sole object and only legitimate end of
government is to protect the citizen in the enjoyment of life,
liberty, and property, and when the government assumes other
functions it is usurpation and oppression."
If any legislator does not understand what is a legitimate law
and what is not, he should resign right away. If he doesn't
have the guts to do that, he should at least have enough
principle to always vote "no" on bad bills. And if he
just doesn't understand what a bad bill is, he should vote
"no" on everything. If he did that, he would
automatically be right 99 percent of the time. No Alabama
legislator in recent history has even approached a figure that
high.
A frequent excuse from some legislators is: "If I voted
"no" on everything, I wouldn't get any legislation
passed." Sorry, but your job is not to just pass
legislation. Your job is to protect the liberty and the rights of
the people. Voting "no" on bad legislation always takes
priority over getting one's bill passed.
Another frequent excuse is not having enough time to read a
bill or not having a copy of the bill to read. Sure, things like
that happen, and they happen a lot. A bill recently came through
Congress that weighed 44 pounds. Who could read that? The answer
is simple--VOTE "NO."
Of course, a legislator has to pass budgets and other routine
business to run the state, but even here, he has a duty to vote
"no" on any that obligate debt or extra taxes. He
should do everything he can to keep the budgets limited so taxes
can be minimized.
The duty of a legislator is not to pass new laws. It is NOT to
"bring home the bacon"--create pork barrel projects in
his district. It is NOT to trade off the people's liberty for
safety. It IS to protect the people's rights, liberty, and
property. It is to be a guardian against the numerous
unconstitutional and unethical bills that are routinely brought
up every session. If he wishes to pass any new laws, he should
seek the repeal of oppressive government actions that are already
on the books. He should always seek to make government smaller,
less intrusive, and less expensive.
|