Living Through Tyranny and The Reformer's Burden

As we watch our nation's influence in the world ebb, our citizens' dependency on government programs escalate, and our economic engine become mired in crony capitalism, it would not be out of the question for us to hear calls for reform.  In fact, it seems the voices calling for a 'reset' in Washington have only grown louder over the past decade as these unmistakable markers of decline become more obvious and prevalent by the month.  Yet, despite the rhetoric and the fervor, we have not seen a man rise to wield the power necessary to implement the much desired reforms.  

To shed light on this conspicuous absence, it may be helpful to look to a historical example. For that, let us turn to Edward Gibbon's account of ancient Rome. On March 17, 180A.D. Marcus Aurelius, the great benevolent philosopher emperor died.  In his stead, he conveyed the throne to his son Commodus who came to power at a time when Rome had vanquished all its foreign enemies and enjoyed peace and prosperity throughout the empire.

Bust of Commodus, son of Marcus Aurelius

Neverthless, Commodus was not fortunate enough to inherit his fathers virtues.  He established a harem of 300 concubines in his palace.  He taxed the people to support a large palace staff and regular entertainments.  His paranoia and jealousy lead to the senseless slaughter of hundreds of senators and thousands of their kin.  His ministers enriched themselves by selling justice to the highest bidder.  In short, his reign brought sorrow to the people and disgrace to the throne.

After Commodus executed several iterations of his ministers to appease the riotous rebellion of the public, his lastly appointed ministers realized that their lives would soon to be next.  So, in an act of palace intrigue, Commodus was poisoned by one of his servants and subsequently strangled to death.  This act of self preservation ended the miserable tyranny of his 15-year reign.

Without an heir apparent, who would replace Commodus?  The Praetorian Guard which quartered in the city would have to support or even make the the choice of Emperor.  Emperors for generations had secured the loyalty of the military by making lavish donations to the troops.  Such donations and urban living had slowly softened the military's preparation and discipline.  Nevertheless, their support was absolutely necessary if an Emperor was to rule with authority.

"The vigor of the soldiers instead of being confirmed by the severe discipline of camps, melted away in the luxury of cities.  The excessive increase of their pay and donatives exhausted the state to enrich the military order, whose modesty in peace, and service in war, is best secured by an honorable poverty."

Fortunately, a man of virtue was sought to fill the vacancy on the throne.  Pertinax, a noble Senator and a man respected for his temperance and wisdom, was solicited to ascend to that great station.  He hesitated at first, believing the news of Commodus death to be a ploy to accuse him of treason.  But, when his death was confirmed, he agreed to assume the royal garments and the Senate celebrated and the Preatorian's ratified the ascension.  

Bust of Pertinax

Thus, with an intelligent and principled man acting as sovereign of the civilized world, he began to reverse the corruption that had infused itself into the body of government and that had been a burden to so much of the Empire during the reign of Commodus.  His first acts were to reduce the palace expenses by half.  The ostentatious living of his predecessor was undone for a simple and austere approach.  He auctioned off the imperial chariots, silks, and attendant luxuries. Pertinax is described as saying to the Senate:

"That he was better satisfied to administer a poor republic with innocence, than to acquire riches by the ways of tyranny and dishonor."  

Further, he forced the resignation of Commodus' imperial ministers and confiscated a portion of their wealth which they had accumulated through graft.  He reduced the taxes on the people and he engaged in economic development by deferring taxes on those willing to cultivate agriculture on vacant land.  These reforms were immediate and effective.  The people began to increase in industry and prosperity.

Yet, there was one more reform which Pertinax pursued, and that was to invigorate the military spirit and discipline of the Praetorian Guard.  He reduced their pay, and increased their military rigor.  Unfortunately, these changes agitated the sentiments of the soldiers who had become accustomed to luxury.  One day, 300 soldiers rallied in nearby barracks and marched toward the Imperial Palace.  With the conspiracy of old domestic servants and the palace guards, the gates were thrown open to them.  Gibbon gives us an account of the encounter:

"On the news of their approach, Pertinax, disdaining either flight or concealment, advanced to meet his assassins; and recalled to their minds his own innocence, and the sanctity of their recent oath. For a few moments they stood in silent suspense, ashamed of their atrocious design, and awed by the venerable aspect and majestic firmness of their sovereign, till at length, the despair of pardon reviving their fury, a barbarian of the country of Tongress leveled the first blow against Pertinax, who was instantly dispatched with a multitude of wounds. His head, separated from his body, and placed on a lance, was carried in triumph to the Praetorian camp, in the sight of a mournful and indignant people."

Thus, just 86 days into his reign, Pertinax's life came to an abrupt end. Gibbon gives us some insight into the discontent his reforms conjured in the body of government:

"A hasty zeal to reform the corrupted state, accompanied with less prudence than might have been expected from the years and experience of Pertinax, proved fatal to himself and to his country. His honest indiscretion united against him the servile crowd, who found their private benefit in the public disorders, and who preferred the favor of a tyrant to the inexorable equality of the laws."

So, we see the challenge that any reformer faces when a class of people are enriched by the 'disorders' of the public.  The root of the problem lies in man's honest desire to promote his own self interest.  And thus, when man is placed in a station that his self-interest is gratified by the abuse or subversion of the self-interest of the public, a dangerous and difficult situation arises.  Such circumstances are difficult to correct:

"But if we attentively reflect  how much swifter is the progress of corruption than its cure, and if we remember that the years abandoned to public disorders exceeded the months allotted to the martial reign of Aurilian, we must confess that a few short intervals of peace were insufficient for the arduous work of reformation."  

Any government that has deviated from its founding principles requires an infusion of vigor and discipline to be restored to former greatness.  These reforms must be applied methodically, consistently, and for an extended period of time if they are to be successful.  Importantly, in a democratic society, the people must also sustain their support of such efforts.

The danger that America finds itself in today is that, like the Praetorian Guard who ratified the selected Emperor, the electorate is increasingly benefited by 'donatives' (e.g. transfer payments) from the government they elect.  As that number grows, and as each voter casts their ballot with honest self-interest in mind, at some point the political choice will be dictated by which candidate promises the largest 'donatives' or the least interference with them.

As if a perverse caricature of this phenomena, when we follow the story after Pertinax's death, we discover that the Praetorian Guard brazenly seized the Imperial Throne and auctioned it off to the highest bidder.

This is a poignant and important lesson for us to learn.  So, as the clouds grow and the lights threaten to dim on the era of American Greatness, may we rediscover our former selves and find the vigor, the courage, and the tenacity to endure the reforms that are so desperately needed in our day.

WSU Tracy Hall Science Building Groundbreaking

For the past several years, Weber State University has been petitioning the State for funds to build a new science building.  I had an opportunity to tour the facility back and I felt the urgency that they did in the matter.  The current science building I feel was used as the inspiration for the popular video game Half Life.

Screenshot from Half Life

Old WSU Science Building Classroom

The current building is in a very sad state of repair.  Its windowless corridors are also depressing.  You can read more about that here. 

Fortunately, this past Legislative Session, the new Tracy Hall was funded and we had an opportunity to participate in the ground breaking. 

Rendering of New WSU Science Building Under Construction

Governor Herbert and Weber State University President Charles Wight celebrate Tracy Hall Groundbreaking

WSU President Charles Wight has to be one of the most interesting persons in his line of work.  Here he is demonstrating the high explosive reaction of hydrogen and oxygen to the audience of dignitaries:

WSU's science and engineering programs are growing.  We look forward to the benefits our community will receive from educating even more students in important sciences.

The Poverty Cycle: Facts from Utah's 84401 Zip Code

Recently, the Legislature received a report regarding intergenerational poverty in Utah.  The report had a statewide scope but also drilled down into specific neighborhoods.  The majority of my Legislative district resides on the 84401 Zip Code.  This code includes downtown Ogden and also the affluent rural/suburban community of West Haven.

Here are some interesting facts regarding poverty in our 84401 zip code:

1. 3,309 individuals (all ages) are the second or more consecutive generation in their family to receive state welfare benefits (intergenerational poverty).
2. 9% of the TOTAL population of 84401 are people in intergenerational poverty.  
3. 15% of all children in 84401 are living in intergenerational poverty.  
4. 26% of all households in 84401 are single mothers with children. 
5. 10% of Middle School students are chronically absent
6. 15% of Elementary School students are chronically absent
7. 31% of High School Students drop out
8. 68.5% of children living in intergenerational poverty receive food stamps.
9. There were 38.6 teen births for every 1000 teen girls age 15-17

These are just a few of the disturbing facts in this year's report.  

The legislature is working to make existing programs more efficient by reducing duplication in services and expanding communication between departments servicing the disadvantage in our communities.  It is our hope that applying a laser focus to these children in intergenerational poverty will help break the poverty cycle and, in addition to blessing the lives of those who work their way up the economic ladder, end the requisite dependence on taxpayer funded state resources. 

Citizen Policing: Ogden PD's Cyberwatch Program

Ogden Police Department's Real-Time Crime Center

A couple weeks ago, the Ogden Police Department contacted me to let me know about a new program they were moving forward.  Today I had an opportunity to speak at an OPD press conference detailing the specifics.  Dubbed the Cyberwatch Program, it is a means of conveying information to community minded individuals who want to be involved in reducing crime in their neighborhoods.

One of the challenges of policing is trying to provide enough resources in enough places to be effective.  Obviously, too much police presence can rub public sentiments the wrong way by conveying a sense of heavy handedness.  So, there has to be a balance between presence and patrols in the community and the community policing itself.

The Cyberwatch Program tries to strike that balance.  As a beta tester for the program, I have been receiving daily emails that show what kind of criminal activity has been occurring in my neighborhood over a two week period.  Here is a copy of the email I received today:

Cyberwatch Email

As you can see, within a 1 blog radius of my home, there is a bit of mischief going on.  My neighborhood is relatively quiet.  However, while I am sleeping, it appears some of the neighbors are making trouble for themselves and others.  This isn't really a surprise.  But it is sobering to read a report which puts all this activity in context.  Fortunately, our neighborhood has improved tremendously from years ago when it was a war zone.

With this information available to those who opt-in to the program, they can have timely information about trouble in their area.  This should offer neighbors an opportunity to communicate with landlords and other stakeholders in the community to work toward solving the problems.  These reports should help us as a neighborhood unite to observe and repel the disturbing forces in our community.  Ultimately, this should help promote behavior modification in those individuals who are inclined to attract the police to themselves.  I look forward to the collaboration this will foster.

The program has been very effective and successful in Memphis, TN and I thank John Harvey for bringing it forward for an inaugural run here in Ogden.  If you are interested in participating in the Cyberwatch program in Ogden City, you can sign up here to begin receiving reports for your neighborhood.  Let's all make Ogden an even better place to live, work, and play!

The American Bailout Culture

I have been busy toiling away with my work in the real estate business since the legislature ended in March.  Coming home and getting to work is always a healthy reminder why our state has a citizen legislature. It brings value and perspective to state government.  Rather than being cloistered away in a marble palace somewhere, the Utah Legislature comes home to  live with the laws it passes.

Unfortunately, Utah does not have much influence over the bailout culture that is seeping into the public psyche.  A recent example brings this trend to life.  In a real estate transaction where I represented the sellers, a buyer had submitted an offer that was acceptable to my clients.  We pressed forward with contract. However, two weeks before the transaction was to close, we received a letter indicating the buyer could no longer obtain a loan.

So what happened?  In this case, the buyer was a college graduate.  They had student loans they were paying on.  Some time during our contract (we were working on a 90 day time frame), the buyer received a letter from an entity claiming she did not need to pay her student loans.  She called the entity and they indeed confirmed that was the case.  She stopped making her student loan payments and her credit scores plummeted.  She instantly became disqualified to purchase the property, or any property for that matter, until her credit scores could improve over the next year or two.  Obviously, that was disappointing to everyone involved.

So, who was this entity that informed the buyer she could stop paying on her loan obligation?  It turns out that it was a third-party negotiator who specializes in resolving distressed student loans for borrowers who can't afford to make their payments.  Yet, this borrow could afford to make her payments and was doing so.  Somehow the buyer became convinced that she could simply stop making payments without consequence.

This brings us to the bailout culture problem.  Since 2008, our economy has been on a trajectory that is completely dependent on central bank and government intervention.  We saw the bank bailout in 2008 called TARP; we have seen homeowners bailed out with HARP and HAMP; borrowers everywhere have been bailed out with ZIRP.  There are many more.  The alphabet soup of programs aimed at deferring the consequences of our actions cannot go on without affecting the expectations and attitudes of consumers.

Hence, we observe our unsuspecting buyer lured into the belief that yet another program exists to defer the consequence of taking out student loans.  Can she be blamed?  Perhaps, but American culture is culpable as well.  As long as these programs continue to erode away at the firm connection between cause and effect that exists in the minds of our people, we can expect more of the same.  The implications of weakening prudence, propriety, and prosperity should not be overlooked.  

  

Mr. Peterson's 2014 Voting Record

Yes folks, it's that time again where accountability and transparency converge to produce my voting record from this past session for your perusal.   May you enjoy.  And to my political opposition this election year who may be grasping for any information they can get their hands on, you are welcome too.

Mr. Peterson's 2014 Voting Record

VETO OVERRIDE: Putting Teeth In Toothless Legislative Subpoenas

Governor Herbert recently vetoed HB414 which would have strengthened Legislative Subpoenas.  This strengthening effort occured in light of the Legislature's frustrating experience dealing with former Attorney General John Swallow's legal council and their disregard for such subpoenas.  That disregard delayed the investigation and cost the taxpayers hundreds of thousands of dollars.

Here is the Governors released statement regarding his veto:

The governor does not question the Legislature’s authority to seek information through subpoenas and to conduct investigations. The governor recognizes the bill was passed in response to the investigation of former Attorney General John Swallow, and was a result of the frustration the Legislature experienced in conducting that investigation.  While sympathetic to that frustration, the governor believes history has repeatedly shown that government response to scandals is all too often excessive and overreaching.

“Regardless of the motives for passing HB 414, I cannot sign a bill that demands information of anyone, at any time, on any subject, for any purpose, and denies our citizens their fundamental constitutional rights of defense and due process,” said Gov. Herbert.

In response to this, the bill sponsor, Representative Jim Dunnigan, has released this statement:

After reading through the governor’s veto letter, and talking to legislative legal counsel, here a few thoughts fromRep. Jim Dunnigan about House Bill 414.

1. The veto letter claims that HB414 “demands information from anyone, at any time, on any subject, for any purpose.” This is not an accurate characterization of what the bill does. Under current law, the Legislature’s subpoena power is already broad in order to allow the Legislature to gather the information needed to enact good law. HB414 only deals with the process for enforcing a legislative subpoena. It does not expand the Legislature’s subpoena power.

2. The veto letter claims that HB414 “criminalizes any attempt by an individual to seek relief from anyone other than the legislative body itself. . . ” That is incorrect. The bill simply states that if someone tries to challenge a legislative subpoena in a forum other than the legislative forum provided in HB414, the person is not excused from the obligation to comply with the subpoena and is subject to criminal penalties for failure to comply with the subpoena. HB414 does not criminalize anything other than failure to comply with a legislative subpoena.

3. The governor’s veto letter expresses concerns that the “final version of HB 414 did not have a committee hearing in either the House or the Senate . . . “ While this is technically correct, the reason for this is that changes were made to the bill, after committee hearings, in response to concerns raised by interested parties, including the governor’s office. The process used in the passage of HB414 is common and resulted in changes being made to address concerns raised during the time that the bill was being considered.

4. The veto letter claims that HB414 “denies our citizens their fundamental constitutional rights of defense and due process” and “violates the open courts provision of the Utah Constitution by denying citizens the ability to seek redress in the courts.” We respectfully disagree. Due process essentially requires that a person be given notice (of government action and hearings relating to that action) and an opportunity to have the person’s position heard. The open courts provision of the Utah Constitution has been interpreted to prohibit the government from taking away the right of a person to pursue certain matters in court. This provision is not violated if an adequate alternative method for hearing a grievance is provided. HB414 provides an alternative method by allowing a subpoena to be challenged before a bi-partisan legislative review committee. This helps protect against a subpoena being issued for political reasons. Under HB414, the due process rights of a person who challenges a subpoena are preserved because the person has an absolute right to have their objections heard before a bi-partisan committee.Though, under HB414, a person who challenges a legislative subpoena does not have the right to appeal the decision of a legislative review committee to a court, a legislative subpoena can only be enforced in court. HB414 provides two avenues to enforce a subpoena. One is criminal in nature and one is civil.A person is guilty of a crime under HB414 only if the person refuses to comply with a legislative subpoena after the person has an opportunity to exercise the person’s due process rights before a legislative review committee. In that event, the matter would still need to be brought before a criminal court where the defendant would be able to raise any claim that the subpoena violated the defendant’s constitutional or legal rights.In order to enforce a legislative subpoena civilly, the Legislature would be required to file an action in court and the person who is subject to the subpoena could then challenge the subpoena as part of that court action.Thus, under HB414, it is impossible for a legislative subpoena to be enforced without the involvement of a court.

Rep. Dunnigan is the sponsor of House Bill 414, and was the chairman of the House special investigative committee that delved into allegations against now-former attorney general John Swallow.

Representative Dunnigan is one of the most thorough and rigorous policy makers I know.  His arguments are sound; and thus, I support an Override Session to make our Legislative Subpoenas effective and meaningful tools for investigating corruption within our government.