Legislators talk big while hiding behind law
Proposal pinnacle of hypocrisy
How can we keep them honest if they keep us in the dark?
Legislators like to talk a big game about democracy, accountability and transparency. Right now, state Sen. Brendan Crighton and Rep. Lori Ehrlich are pushing a measure to support local journalism — saying it helps keep them accountable.
Whether government has any appropriate role in supporting journalism — rather than just cooperating with journalists and not obstructing them — is highly debatable. But the underlying principle here is fundamental to American democracy. We remain a free society only as long as the government remains accountable to the people.
Which makes it beyond ironic that the Massachusetts Legislature has passed laws of highly questionable constitutionality that shield lawmakers’ own activities and spending from public view. The Legislature’s self-exemption from public records laws thwarts our ability to meaningfully participate. The state’s public records law expressly states that it “shall not apply to the records of the general court.” It’s simply mind-boggling that such a contorted vision of accountability remains on the books. And that we allow it.
The commonwealth of Massachusetts is a “social compact” — as stated explicitly in the preamble to the Massachusetts Constitution. It places explicit limits on the powers of the Legislature. Article V of the Declaration of Rights states that the Legislature must not pass laws that are “repugnant or contrary to this Constitution.” Legislators, in their official capacity must “be at all times accountable to” the people.
Our constitution also declares that it is the right of the people to “instruct their legislators … .” This language has not yet been interpreted by courts in its decisions regarding public records laws. Common sense and fairness require that transparency is necessary for members of the public to be able to hold the Legislature “accountable” and to be able to “instruct” their legislators.
The irony that lawmakers should be talking about “local journalism” and “accountability” while shielding their own actions and public spending from view is beyond hypocritical. It is absurd. And, given the self-exemption’s conflict with the state constitution, it is an abomination.
We live in a wealthy and prosperous state. But we have also seen numerous cases of governmental abuse, incompetence and corruption.
The fix for all of the above is transparency. Our lawmakers need to begin to act like they believe the words coming out of their own mouths. Our constitution demands it. So should we.