2000 State Legislature
April 6, 2000
2000 Legislature:
The Emerging Power of the Citizen
By Daniel B.
Newby
Last year,
most lawmakers and political observers characterized the
legislative session as orderly and civil. While relations
among legislators may have remained cordial enough this year,
legislators and other observers have characterized citizen
involvement as more intense and more disapproving.
In fact,
during the debate over various bills dealing with individual
liberties, many individual citizens, as well as small, unpaid
citizen lobbyist groups, were vilified as being too vocal, too
unrealistic, and too uncompromising. Representative Dave Jones
described the legislative atmosphere to the Salt Lake Tribune
in this way:
"We've gotten to the point where any kook with an
e-mail can stampede the herd."
Representative Susan Koehn, who recently announced her
retirement, stated in a Deseret News article:
"The e-mail
interactions have been more hostile this past session… It made
it easier for me to leave. It absolutely confirmed my decision
to step down."
Many other legislators reported receiving
unprecedented numbers of e-mails and phone calls, some firm
but cordial, and some hostile.
The point is
that this type of intensity represents a new level of public
input. Armed with the power to rapidly acquire information on
upcoming legislation via email and the Internet, some citizens
are becoming emboldened and are doing what they have been
encouraged to do for a long time: "Let your elected
representatives hear from you." Some communications may have
been less than cordial, but the increased citizen input
appeared to be responsible for the elimination of many threats
to individual liberty, and to some extent even slowed past
legislative trends of higher taxes, more regulation, and
larger government.
For instance,
it was reported that citizen pressure originating from e-mail
groups ended property forfeiture expansion bills such as HB
173, entitled, "Forfeiture Relating to Sexual Offenses Against
Children." This bill would have provided government with the
power to confiscate computers and computer systems for the
unintentional possession of contraband material on them by
their owners. After passing the house (69 to 1), and passing
the Senate's second reading (17 to 8), observers say that a
tremendous amount of citizen pressure turned the tables and
killed the bill (11 to 13) on the third and final reading.
According to
the Deseret News, some observers attributed "parental-rights
lobbying" to the sinking of SB 37, which would have created a
13-member "State Student Survey Committee," appointed by the
State Superintendent of Public Instruction. This new committee
would have wielded power over local school boards and could
have ordered surveys administered to children without signed
parental consent.
Citizen
pressure also slowed the tide of the self-defense restriction
bills. Completely stopped were bans on gun possession by
law-abiding citizens in various public and private places (HB
95, SB 87, SB 161, and SB 162) and revocation of this
important civil right based on a long list of misdemeanors (SB
79 and SB 153). Though several other bills dealing with
self-defense issues did pass, many more that appeared destined
to pass without significant opposition went down — one after
another. The Ogden Standard Examiner wrote:
"Gun rights
advocates have been vocal and numerous on Capitol Hill and
have vigorously opposed nearly every bill they believe would
erode Second Amendment rights…"
Two that did
manage to pass, despite intense citizen opposition, enacted ex
post facto restrictions on gun possession (HB 161 and SB 72).
On the other hand, there was also a bill (HB 199) prohibiting
certain frivolous lawsuits against gun manufacturers, which if
not checked could open a Pandora's box to frivolous lawsuits
over just about anything.
The efforts
of the public appeared to be partly responsible for stopping a
concerted effort to implement new government health mandates,
including mandatory contraception coverage (SB 9) and
mandatory catastrophic mental health coverage (HB 123). Also
defeated was a proposal to allow citizens to be forcibly
committed to mental institutions even if they posed no
immediate danger to anyone and had not committed crimes (SB
200).
While one may
disagree with the specific legislation supported or opposed,
this new, rising wave of citizen involvement has dramatically
changed the way many things are done in the Utah legislature
and perhaps in general. The evolving power of the
individual — the small citizen lobbyist — might bring with it some
hostility, insensitivity, or bruised feelings, but it has also
thrown an unmistakable wrench into the push for bigger, more
intrusive government.
Past trends
do not always indicate future results, but this session proves
that determined, even angry, citizens can have a dramatic and
powerful effect when they "just say no" to attacks on their
freedom. Perhaps the intensity of this session will be enough
to renew interest in reducing the size and power of government
and in protecting fundamental rights.
# # # # #
Daniel B. Newby wrote this article while
employed as Director of Operations & Development for the
Sutherland Institute, a Utah-based public policy research
institute.
Permission to reprint this article in
whole or in part is granted provided credit is given to the
author and to the Sutherland Institute.
Disclaimer: Newby left the Sutherland Institute
on January 28, 2003, and has conducted all his efforts since
that time as a private citizen. The Sutherland Institute
has officially and publicly disavowed and distanced itself
from Newby's political views, tone, and activities. As a
courtesy to the Sutherland Institute, we have posted
their e-mail on the
matter.
If you have comments or suggestions, please
email us at info@accountabilityutah.org.
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