A sexual assault allegation finally ended Graham Platner’s scandal-plagued U.S. Senate campaign. The case highlights whether personal conduct or character is relevant for our elected officials.
Character issues have impacted politicians of both parties. President Trump’s Access Hollywood remarks nearly derailed his 2016 campaign. Bill Clinton was impeached over his personal conduct in the Oval Office.
I am interested in misbehavior not rising to the criminal level (ignoring crimes invented to disqualify someone from office). We punish convicted criminals both to protect society and as restitution to the victim. No one should evade prison to serve in public office.
We might think that character matters, but the question is trickier than it appears. If representative democracy works well, representatives will always vote as their constituents (including voters and donors) demand, rendering the identity of the vote caster irrelevant.
If character does not matter for this reason, then background may not matter either. I think having more representatives with business backgrounds would yield better tax and regulatory policies. But the constituents will command that the representative vote pro- or anti-business.
If constituents control every vote, then party affiliation may not matter. This means that Democrats’ efforts to unseat incumbent Maine Republican Susan Collins are irrelevant, as the senator would vote the constituents’ wishes regardless of party.
We consequently need a vision of representation empowering representatives. One possibility is if representatives can do anything they please. This depressing vision appears inconsistent with representatives’ worries about job security.
Most likely representatives have limited discretion. Voters and donors can discipline a representative but only on a few issues. Although different constituents will care intensely about different issues, representatives have discretion on issues few care about.
This is how character or background can matter. But will office holders vote differently because of their private conduct?
Certainly not always. But America is a liberal nation, in the classical liberal tradition. Moral equality is the key element of this liberalism. Individuals have fundamental rights government cannot violate and leaders are not better than citizens. Only the consent of the governed legitimates rule.
Good (classical) liberals do not use others as means to their ends. If a person who abuses others in their private life is more likely to do this with the powers of government, personal conduct matters for official conduct.
Government holds awesome power over us. Anyone facing the full force of government for allegedly violating a law is in dire straits. Whatever the accusation, our lives and freedom would be in grave danger due to the government’s resources.
Our constitution wisely constrains our government to protect our rights. Constraints are important, but so are the attitudes of government officials. We want officials who respect our rights.
TV’s “Law and Order” provided an example of this respect (and many objectionable acts). The original district attorney, Adam Schiff played by Steven Hill, repeatedly admonished his ADA’s to the effect that “they didn’t enact the Bill of Rights to make your job easier.” Government officials must respect our rights even when doing so negatively impacts them, say by helping a challenger’s campaign.
Society remains liberal in large part because we respect even those who disagree with us. America’s commitment to liberalism seems more tenuous today than in decades. Liberal government requires that citizens trust that their fellow citizens are also libera. Conservatives calling on Republicans to nuke the Senate filibuster because the Democrats will do so when they get the chance have lost this trust.
Fortunately, America has survived illiberal episodes during our 250 years. Perhaps the most remarkable was the contest between John Adams and Thomas Jefferson culminating in the election of 1800. Our nation’s founders, who just years before fought together for independence, passed the authoritarian Alien and Sedition Acts during this conflict.
Character matters for a liberal or free nation. We all need to exhibit good character, but we particularly high character need government officials who embody liberal respect and tolerance for all citizens.
Daniel Sutter is the Charles G. Koch Professor of Economics at Troy University. The opinions expressed in this column are the author’s and do not necessarily reflect the views of Troy University.
