My daily Secrecy News bulletin notes:
Some of the Obama Administration's initial steps towards greater openness seem to reflect more enthusiasm than careful consideration.
For example, the new White House web site now states* that "We will publish all non-emergency legislation to the website for five days, and allow the public to review and comment before the President signs it."
This does not make a lot of sense, since the White House cannot amend legislation that has already been passed by Congress or take any other action in response to public "review and comment" except to veto the measure. Public comments on pending legislation need to be directed to members of Congress, whose specific function is to represent their constituents' interests and concerns.
Congress should have such a resource and/or members thereof. Some might. One should not have to search the Thomas website (and then email one's representative/senator), which is not always a breeze, to get this sort of information. But, what is does is provide a back door measure to providing such a service. In various cases, the summer rush job to amend presidential surveillance powers comes to mind, Congress does not provide enough time before a bill is composed and the vote for its members to honestly be able to say they looked over the provisions. As a liberal congressman told Michael Moore in his 9/11 documentary, this is common practice -- who reads all of this stuff? Told in a chuckling way as in "now boy, get real."
A damning admission. The five day comment period would provide a window for the public, including relevant experts and interest groups, to examine the pending bills. They need not just tell the President of any problems. They could very well petition Congress. Likewise, if the bill is particularly troublesome, the President has the power of the veto (or more likely, its threat) behind him while pointing out certain measures that needs to be changed. The time also gives the executive department itself some time to look at the bill. In either case, there very well might be some technical problem, or "mistake" somehow sneaked in.
The practice also provides the President assistance, in at least a symbolic but also likely in various cases in a concrete way, when deciding whether or not to veto. And, when the President vetoes, he has the ability to explain why. Public comment, especially in touchy situations, can be used as a resource here. Again, this is not just the people at large, but those specifically apt to providing opinion. It might also help with signing statements, as in the right sort, including ceremonial comments and statements of purpose. Finally, it might provide useful information on how the executive might execute the law.
True enough that the ultimate value might be symbolic, particularly of openness. This is no small matter in itself, as suggested in an interesting recent article on the nature of Obama's reading:
In college, as he was getting involved in protests against the apartheid government in South Africa, Barack Obama noticed, he has written, “that people had begun to listen to my opinions.” Words, the young Mr. Obama realized, had the power “to transform”: “with the right words everything could change -— South Africa, the lives of ghetto kids just a few miles away, my own tenuous place in the world.”
Much has been made of Mr. Obama’s eloquence — his ability to use words in his speeches to persuade and uplift and inspire.
Wanted to cite that article somewhere! Anyway, openness in government, referenced in his inaugural, is essential. How can the people rule if they do not know what their governmental representatives are doing? And, participation -- like voting -- occurs in small ways and in big. And, the latter feeds off the former. All the same, the idea is useful on its own. The very idea of having a few days of thought and comment is great.
The principle should be applied writ large; think of it as a sort of "blogger principle." So it seems suitable to end by citing a blog on the matter:
Information will not be withheld just because I say so. It will be withheld because a separate authority believes my request is well grounded in the Constitution. Let me say it as simply as I can, transparency and the rule of law will be the touchstones of this presidency.
-- President Obama
Let your actions give force to your words. Your time is now.
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* The relevant blog entry states:
Participation -- President Obama started his career as a community organizer on the South Side of Chicago, where he saw firsthand what people can do when they come together for a common cause. Citizen participation will be a priority for the Administration, and the Internet will play an important role in that. One significant addition to WhiteHouse.gov reflects a campaign promise from the President: we will publish all non-emergency legislation to the website for five days, and allow the public to review and comment before the President signs it.
Query: what is "emergency legislation?" The word has been in effect abused for years now, after all. I think we have a reason to demand more specificity these days.