Governance works best when those who feel the impact of the decisions are those involved in making the decisions. That principle works as well in the private sector as the public sector.
The other sections of the New Rules web site focus largely on outcomes. This one focuses largely on process. What are the mechanisms that encourage the most democratic and socially responsible kinds of decisionmaking?
Embracing Subsidiarity - The burden of proof should be on a higher level of government to justify its intervention in local affairs.
Marrying Authority and Responsibility - Those who make the decisions should be those who will feel the consequences of those decisions.
Devolving Economic Power as Well as Political Authority - Concentrated economic power is the enemy of a well-functioning democracy. Develop rules at all levels that strengthen local enterprise.
Democratizing Productive Capacity - Encourage not only rooted economies but democratic technologies.Enable technologies that decentralize productive capacity to the city, neighborhood and even household level.
Enacting Minimum, Not Maximum Standards - The Bill of Rights was enacted to protect the minority from the tyranny of the majority. Civil liberties must be protected, even when that requires the intervention of higher levels of government. But these should exercise authority cautiously to allow for maximum individual freedom. They should establish not ceilings but floors, a minimum standard of adequacy that allows communities the autonomy to do even better.
Sports, unlike any other business, generates a sense of civic pride
and community identity. New Yorkers don't cluster around the television
to cheer on Wall Street investment bankers; Detroit citizens don't
congregate in bars to watch Ford or GM workers build cars. But rooting
for the Yankees and the Tigers and the Knicks and the Pistons is a
natural communal activity. This
web page identifies rules, and models, of organized and professional
sports that allow us not only to root for the home team to win, but to
root the home team in place.
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What level of government should exercise what kinds of authority?
That question has been vigorously debated throughout U.S. history.
Indeed, the U.S. Constitution itself represented a radical departure
from the nation's original governance structure under the Articles of
Confederation from 1776 to 1789. The Constitution established the
supremacy of the federal government vis-a-vis the states, and political
power has increasingly been centralized in Washington. The Civil War
cemented this supremacy. By the turn of the 20th century, the Courts
had interpreted the Constitution as giving states virtually unlimited
power vis-a-vis their cities and counties.
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The New England town meeting and school district meeting are the
only direct democracy institutions in the United States involving
lawmaking by assembled voters. Law making by assembled adult males
dates to the age of Pericles in Greece in the fifth century B.C. But
the only other currently assembled voters' lawmaking body is the
Landsgemeinde in a handful of Swiss cantons.
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On occasion, governments at the local, state and federal level make
purchasing policies that take factors besides price into consideration.
For instance, some state and local governments prefer to purchase
locally manufactured products, all other things being equal. Government
agencies frequently purchase recycled paper for their offices, or
environmentally friendly cleaners for their janitorial service, even
when the non-ecological option might be cheaper.
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In the United States, candidates for public office have always
needed money to run for public office. To get it they have often
depended on wealthy contributors expecting favors in return. In 1971,
the federal government passed the Federal Election Campaign Act (FECA),
in an attempt to combat this phenomenon. The FECA (which was amended
several times until 1979) put a cap on the amount a single donor could
contribute to a campaign for federal government, and required public
disclosure of these contributions.
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While some reformers believe that campaign finance reform will cure
many of the ills of our election process, others feel the key is
proportional representation, or other, related reforms. Some have begun to question the very equipment we use to vote.
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The Bill of Rights Defense Committee (BORDC) is leading the charge in
encouraging communities around the country to enact some form of a
Civil Liberties Safe Zone resolution. As of January 2003, at least 21 cities have
passed some form of the resolution and similar efforts were underway in
26 states. The resolutions generally disallow the use of community
resources to implement certain requirements of the 2002 USA Patriot
Act, The Homeland Security Act and other executive orders passed after
the terrorist attacks of 2001.
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As Greg LeRoy (
GoodJobsFirst)
points out, "As states grapple with their worst deficits in more than
half a century, policymakers seek better data to help with budgeting
decisions. But most states spend the bulk of their economic development
budgets almost invisibly, in uncollected taxes, a.k.a. 'tax
expenditures.'"
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While some reformers believe that campaign finance reform will cure
many of the ills of our election process, others feel the key is
proportional representation, or other, related reforms.
Proportional
representation means electing representatives to our legislatures in
proportion to their support in the population. Under our current system
of winner-take-all elections in single-member districts, the
representative for each district need have no more than 50 percent of
the support in that district. Under Proportional Representation, ten
one-seat districts might be combined into a single ten-seat district. A
party or candidate that receives at least 10 percent of the vote in
that district would win a seat.
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More than 100 large cities nationwide require their employees to
live within city boundaries. But some of these laws have recently come
under attack. Minnesota's state legislature has joined Michigan in
passing a bill that forbids cities from enacting residency
requirements. Residency opponents cite individual freedom of choice,
while supporters refer to residency laws' positive effects on
community. "The law worked," said Wes Skoglund, a Minnesota state
representative from Minneapolis, in reference to his city's residency
requirement enacted in 1994. "We started to see cops in church, in the
supermarkets, at neighborhood meetings."
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Initiatives and referendums are one of this country's forms of
direct democracy. There is no national initiative or referendum process
in the United States, but they are allowed at the state and local
levels. An initiative allows citizens to propose laws, by petition, to
be placed on the ballot. A referendum allows citizens to reject laws or
ordinances proposed by the state legislature or city council. The
initiative process is used much more frequently than the referendum
process and is considered by many the more important and powerful of
the two processes.
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Logging communities (or agricultural and mining communities in
general) gain little when their principal resource is exported
unprocessed. In the case of wood, every million board feet of timber
harvested in the United States in 1995 supported about 12 jobs in
forestry and wood products manufacturing. In some areas, more than
two-thirds of these jobs are in primary and secondary processing.
(Lumber and pulp, for example, result from primary processing;
secondary processing yields furniture, paper and other finished
products).
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Some communities have passed laws that prevent serial law-breaking corporations from doing busines within their community.
Barnstead, New Hampshire, became the first municipal government in the
United States to ban corporations from pumping out a drop of water for
sale elsewhere. And it became the third municipal government, after
Porter and Licking Townships in Pennsylvania, to decree that, within their jurisdictions, corporations may wield neither state nor federal constitutional powers.
Efforts to privatize government services in cities do not always save
the city money, and can put municipal workers out of a job, often to be
replaced with non-unionized workers or workers from out of town.
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