RANCHO SANTA FE, Ca., November 14, 2014 – One would hope that operating in an efficient and effective manner would be among the main objectives of our Government. However, those two concepts appear to be foreign to our feckless leaders. Apparently, the rule of “supply and demand” doesn’t apply when a group of individuals has nearly unilateral authority to regulate the supply of programs and services (certainly within the public sector and, to a degree, within the private sector), control the demand (legislatively), and dictate price (via taxation). To overcome this anomaly, we need to frame an operations policy for the United States.
This is yet one more policy we do not have in place. It is critically important because it establishes a performance expectation to which every other policy must conform.
In addition, it goes well beyond the operating efficiency and effectiveness of our Government. It is the policy under which we must define the standards for the Government’s administrative obligations as they pertain to immigration, human rights, regulatory issues, etc.
As with other policies that have been previously addressed in The FREEDOM Process™ series, our Nation’s operations policy must comply with the mandates of the Constitution and be clearly articulated, viably executed, and consistently applied. It must reflect the values of our Republic and pay deferential respect to the People.
The Operations Policy statement of The FREEDOM PROCESS™
“The United States Government shall use its best efforts to administer the duties and authority delegated to it under the Constitution in a fiscally and socially responsible manner that provides for the most efficient and effective execution of its related obligations. It shall refrain from intruding upon the rights reserved to the People and States under the Ninth and Tenth Amendments as such not only wastes our Nation’s assets but also represents ultra vires action. Each separate but equal branch of the Federal Government shall operate within the parameters of its designated powers with no orchestrated attempt to expand such powers or to emasculate or usurp the powers of any other branch.”
As we have with respect to the previous policies we have addressed in this series, we can gain an understanding of how this operations policy statement might be applied in practice if we parse its components. Note that since we are nearing the end of the policies associated with the FREEDOM acronym, we should expect to see a reinforcement of other related provisions that have already been discussed.
“The United States Government shall use its best efforts to administer the duties and authority delegated to it under the Constitution in a fiscally and socially responsible manner that provides for the most efficient and effective execution of its related obligations.”
The first sentence of our operations policy statement establishes a number of significant metrics against which our Government’s performance can be measured. The first metric tests the quality of effort exhibited against the highest standard that can be achieved. Why would we accept anything less?
Those who would prefer not to be held to such a high criterion should not pursue public office or the Federal bench. Those positions bear a fiduciary responsibility to the People and no lesser benchmark is acceptable. As this column has suggested in the past, a Code of Ethics would be appropriate; one that demands the resignation of those who clearly violate the public trust or place themselves or their Party above “We the People.”
As an aside: It is interesting to observe how many of those who believe that Citizens United is a “bad” decision (which it is) also believe that the Government is sovereign in our form of government (which it is not). The opening phrase of the Constitution, along with the guidance of the Declaration of Independence, should be all the evidence we need to remind us that the People, rather than the Government, are sovereign in our Republic.
Continuing the analogy to Citizens United: Like corporations and other associations, governments are little more than fictitious legal entities that exist only for organizational convenience. The Government itself is not a living being. It only exists through its surrogates (i.e., the elected or appointed officials and staff that are collectively referred to as “the Government”) and for the purpose of surviving them. Therefore, the Government’s “duties and authority” are inherently limited to what “We the People” permit it to have.
Similarly, the first sentence of our operations policy statement reminds us that the Federal Government shall only “administer the duties and authority delegated to it under the Constitution;” nothing more… nothing less. A fundamental source of inefficiency (and its related cost) is spawned by the Federal Government’s ongoing expansion of its influence and de facto control. If it is made to conform to the boundaries established by the Constitution, there is little need to argue over its size. The only thing that gives such arguments substance is the ongoing power grab that the Parties exercise to maintain dominion over the People through the auspices of Government.
Correspondingly, the Government shall administer its duties and authority “in a fiscally and socially responsible manner that provides for the most efficient and effective execution of its related obligations.”
As Part 1 of our economic policy suggested, fiscal responsibility does not preclude debt. However, the purpose for which such debt is required as well as its repayment plan are critical determinants as to whether such debt should be incurred. The Government does not have carte blanche access to taxpayer dollars under Article I, Section 8 of the Constitution, and it must stop behaving as if it does.
Likewise, unnecessary and inappropriate expenditures should be avoided along with redundant departments, agencies, and regulatory edicts (see GAO recommendations, etc. in Part 2 of our economic policy). Limiting regulatory intervention to those areas that actually comply with the Constitution and reducing regulatory complexity will significantly decrease superfluous compliance costs and return capital to the private sector for considerably more productive use. Applying constraints to the Government’s time to respond to mandatory filings will also yield meaningful savings. Presently, many investment and social decisions lay dormant pending Government response.
The controversial issue of immigration provides one glaring example. There would be far less debate over the issue if our Nation’s immigration system were to enter the 21st century. Rather than optimizing the process to reduce the time and expense associated with many of its gating factors, we have chosen to continue to use archaic processes and administer them in a haphazard manner.
What if we were to utilize readily available technology to screen applicants on a timely basis?
There would still be probationary steps associated with immigration, but the system would not be exploited to raise revenue for the Government and create otherwise unwarranted public sector jobs. If the process were operated in an effective and efficient manner, no rational argument could be made for circumventing the legal method of entry. Appropriate protection and enforcement could be put in place to preclude any other form of entry, and the only remaining issue would be reaching a consensus on how to deal with the results of our failure to intelligently administer our immigration policy in the past.
Speaking of introducing the Government to the 21st century, the horrific waste of time and money spent traveling about the country and abroad to ostensibly participate in meetings that could otherwise be conducted via state-of-the-art web and telecommunication technologies must be eradicated. A good starting point for the related social issue of Climate Change is to cut the Government’s carbon footprint. This isn’t to suggest that necessary travel be curtailed; it merely suggests that traditional political fundraising, campaigning, and other inappropriate junkets be prohibited from becoming a cost borne by taxpayers.
Similarly, the Government must identify and implement opportunities to automate its antiquated processes and to share databases that can optimize the processing of applications, improve security, etc. There is no excuse to continue to tolerate witheringly slow practices that are currently in place.
Our Government has elevated “intruding upon the rights reserved to the People and States under the Ninth and Tenth Amendments” to an art form.As stated, this “not only wastes our Nation’s assets but also represents ultra vires action.”
It is important to note that there isn’t an Amendment between the Ninth and the Tenth that presumes to grant individual or State rights to corporations, unions, or other legal entities. Therefore, to maintain the integrity of the Republic, a new Amendment may be in order to clarify that issue for those who seem to be “supremely” confused.
Correspondingly, “Each separate but equal branch of the Federal Government shall operate within the parameters of its designated powers with no orchestrated attempt to expand such powers or to emasculate or usurp the powers of any other branch.”
Operationally, these last two elements remind the Federal Government (as a whole) and the Legislative, Executive, and Judicial Branches of Government (individually) that their powers are limited and relatively well-defined. Their efficiency and effectiveness are enhanced by maintaining focus. Accordingly, cost and complexity become far more manageable.
There is even a possibility that our Government can find the time to accomplish work that is uniquely within the Federal domain. For example:
It is not impossible or even difficult to build a more effective and efficient Government. We just need to have the will to do it.
Perhaps as a sign of encouragement, the House recently passed a bill, backed by the White House, to eliminate or modify 53 unnecessary agency reports by a vote of 382-0. While many more useless reports exist along with hundreds if not thousands of worthless regulations, at least this is a start. As a result, the Government will recapture taxpayer money that would otherwise be wasted. Let’s hope that it uses the money to pay down the debt or to address legitimately underfunded programs rather than just find new ways to waste it.
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T.J. O’Hara is an internationally recognized author, speaker, and strategic consultant in the private and public sectors. In 2012, he emerged as the leading independent candidate for the Office of President of the United States and the first nominee of the Whig Party in over 150 years.
This article first appeared in T.J. O’Hara’s recurring column, A Civil Assessment, in the Communities Digital News (CDN).
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The FREEDOM Process™ is the trademark of T.J. O’Hara. The Freedom Process™ and its acronym components are made available for public use subject only to proper attribution. All rights are otherwise reserved.