The Training Grounds of Democracy
This is the first of a multi-part series providing insight into government operations from a former staffer.
In 1932, Supreme Court Justice Louis Brandeis wrote a line in his dissenting opinion on the New State Ice decision that is frequently paraphrased as, the “states are a laboratory for democracy.”[1] This has become a way to think about federalism, but it applies to more than governing. It is also true about politics. States are also the training grounds of democracy, or, more precisely, state government is where most federal elected officials learn about how government operates. The current Congress has 264 former state or territorial legislators, 13 former governors, and 10 lieutenant governors.[2]
Many people complain about Congress. Indeed, depending on the poll, Congress’ national approval rating is around 20%, while its disapproval is around 60%.[3] We elect these people and have choices, so why are they so disliked? When I say the states are a training ground for democracy, I mean they are as much a training ground for voters as for elected officials. If we want a good Congress, voters need to train the members early. We the people need to pay more attention to our state officials, engage in the elections more, and hold them to a high standard. State elections and government tend to get much less attention than federal elections and government, but state governments, along with local governments, actually do more that impacts our daily lives than federal government. Police, trash collection, schools, much of the occupational regulations, the administering of various health programs, and so much more are all state and local functions. And, most of our future federal officials are currently state officials.
It is difficult, if not impossible, to know if a Senator or Representative is doing a good job. Most of us are not equipped to evaluate legislation and gauge how influential our officials are and if they are using their influence in a way we approve. Much of the work of legislating takes place out of view of the public and media. The backrooms are not smoke filled anymore, but they still exist. While we may not be able to tell how much our congressman influenced a $900-billion spending deal, we can tell if our state legislatures are making sure the state police are responding to crime or if the local schools are teaching. If not, we need to call them on it — regularly. If we train them, hold them accountable, force them to form good habits, and only promote those truly representing our interests, we may get a better Congress.
There are of course differences between the federal Congress and state legislatures. Most state legislatures are part-time (only three are full time), most state legislators represent far fewer people than a federal Congressman or Senator, and most states have a state constitutional requirement to pass a balanced budget. These are important differences that create an opportunity for constituents to engage with their elected officials more frequently. While new legislators are learning about lobbyists and the power structure of the chamber and how things get done or don’t get done (what has been called getting “house broken”), they also need to learn that constituents are engaged, watching, involved, and expect results.
I promised an insider’s view in these essays, so I will conclude this one with a true story. In 1997, I was the senior legislative staffer for a delegate in the Maryland State House of Delegates. They were on the floor getting ready to vote on a bill that was more controversial than expected. I was in the office taking calls and monitoring local talk radio and it was obvious the constituents were against the bill. My boss had been inclined to vote for it. I called him on the House Floor (no easy task in the era before cell phones) and told him what was going on. He told two other delegates, and all three voted against the bill. All three changed their original intention in response to their constituents. This is how to train elected officials when they are young and easy to scare. My boss went on to serve in the Bush Administration. Constituents need to engage their state officials, train them to listen to the voters, and teach them good behavior.
[1] See here for his full dissent and the actual quote in context: https://biotech.law.lsu.edu/cases/pp/new_state_ice.htm
[2] https://documents.ncsl.org/wwwncsl/State-Federal/Former-State-Legislators-118th-Congress-January2023.pdf
[3] https://projects.fivethirtyeight.com/polls/approval/congress/