democracy

The Facebook Founder’s Sinister and Unethical Hundred Million Dollar Gift

/ Jack Marshall / 3 Comments

When is a hundred million dollar gift to help schools unethical?

It is unethical when it represents the power of money taking control of government. It is unethical when it induces politicians to breach their duty to obey the law. It is unethical when it demonstrates that the principles of democracy and law can be bought, sold, and distorted for a price.

In a shocking development last week that received very little thoughtful or critical coverage from the news media, Facebook mogul and co-founder Mark Zuckerberg gave the Newark schools $100 million in return for dictating how the schools are run. Zuckerberg, backed by Oprah Winfrey, another billionaire, who put the school governance sale on her TV show,  wants Newark Mayor Cory Booker to run them.  New Jersey Governor Chris Christie, who also appeared on the strange Oprah segment, has agreed in principle to make Booker the overseer of his city’s infamously bad school system. As for the fact that a New Jersey statute doesn’t allow the governor to put the mayor of a city in charge of its schools once the state has taken over control of them, well, money, not the law, rules in New Jersey, and that appears to be just dandy according to the state’s governor, Zuckerberg, Oprah, Republicans, Newark parents, news editors and citizens.

Meanwhile, that whirring sound you hear is Thomas Jefferson spinning in his grave. Continue reading →

Ethics Tip To Arizona Voters: Never Trust A Party That Cheats

/ Jack Marshall / 3 Comments

A Republican operative in Arizona has recruited three homeless men to run for office on the Green Party ballot, in the expectation that they will siphon off Democratic votes.  A New York Times report depicts the operative, Steve May, as openly admitting his tactic, and not regretting it in the least. Democrats, says the Times, are furious. But everyone else should be too. Here is just some of what is wrong with May’s conduct: Continue reading →

Unethical Quote of the Week: Columnist Eugene Robinson

/ Jack Marshall / 3 Comments

“According to polls, Americans are in a mood to hold their breath until they turn blue. Voters appear to be so fed up with the Democrats that they’re ready to toss them out in favor of the Republicans — for whom, according to those same polls, the nation has even greater contempt. This isn’t an ‘electoral wave,’ it’s a temper tantrum.”

—Op-Ed writer Eugene Robinson in the Sept. 3 Washington Post

The surest proof that a citizen or commentator is partisan beyond the point of fairness, objectivity, or even common sense is the abandonment of the ethical principle of accountability. Voters with this malady re-elect demonstrably corrupt politicians, cheats and liars, using the argument that they are still the “best candidates.” While this is fortunate for elected officials, past and present, like Tom DeLay, Bill Clinton, Charlie Rangel, Maxine Waters, Eddie Johnson, Ted Stevens, and many, many others, it guarantees bad government and a rotting political culture, perpetrated by increasingly arrogant, unresponsive, incompetent and dishonest public servants. Continue reading →

The Bell Salary Scandal and the Victims’ Breach of Duty

/ Jack Marshall / Leave a comment

In most respects, this months horror story about the incredibly corrupt officials of Bell, California doesn’t require any ethics commentary. The verdict is obvious. Robert Rizzo, Bell’s city manager, was collecting an $800,000 a year salary to run a dirt-poor town of  40,000 residents. Part-time city council members took home almost $100,000 annually, mostly by paying themselves to serve on municipal boards and commissions. Rizzo stood to collect a $600,000-a-year pension, and police chief Randy Adams, who was paid more than most big city police chiefs, had arranged for a $411,300-a-year pension. The city officials of Bell were predators, using their positions to steal money from the cities citizens. To pay for all the rich salaries and pensions, Bell’s crooked officials passed unconscionable property taxes, levied on a city population that averaged income less than $25,000 per capita . Even Charlie Rangel wouldn’t argue that this is politics as usual.

Nevertheless, this is a republic, and citizens, even citizens of small towns, have an obligation to pay attention to what their elected officials are doing. Continue reading →

Primary Ethics: Good and Bad Results for Civic Diligence

/ Jack Marshall / 5 Comments

The tendency of American voters to hand over the reins of power to the sons, daughters, and wives of popular or successful leaders simply because they shared a last name, a bed or some DNA has always been an embarrassment, proof of the most unfortunate aspects of democracy when it is driven by civic laziness rather than diligence. Beneficiaries of this generations-long deficit in seriousness and responsibility include presidents (Adams, Bush); U.S. Senators (Kennedy, Gore, Clinton, Bayh,**), representatives (Kennedy, Bono, Jackson…), and governors (Bush, Bush…). Some have performed well, some not so well, but all of them were initially elected because voters knew their names, and illogically ascribed to them whatever it was that they admired about their family members, regardless of experience, qualifications, or evidence of governing skill.

In Tuesday’s primaries, voters rectified one especially egregious example of this phenomenon, and committed a new one. Continue reading →

Perry v. Schwarzenegger: Choosing Ethics Over Morality

/ Jack Marshall / 3 Comments

Predictably, Judge Walker’s decision in Perry v. Schwarzenegger striking down California’s voter approved Proposition 8 has infuriated foes of gay marriage, who have condemned his opinion as judicial activism, a rejection of democratic process, and an agenda-driven farce. Walker himself is being attacked for having a conflict of interest, because he is widely believed to be gay himself. (The belief that a gay judge cannot rule objectively on the issue of gay marriage while a straight judge can is itself an expression of bias.) This is not surprising. What is surprising, at least to me, is that the only substantial argument critics of the opinion can articulate is based on the exact proposition Walker rejected in his opinion: that laws should be able to prohibit conduct based on morality and tradition alone, without quantifiable and verifiable reasons relating to the best interests of society. By insisting that a California law that would withhold a fundamental right—marriage—from a class of Americans must justify itself with reason rather than tradition, Judge Walker ruled that it is ethics, not morality, that should govern American law and justice. Continue reading →

Ethics Quote of the Month: Judge Vaughn Walker

/ Jack Marshall / 1 Comment

His opinion declaring the voter-approved ban on same-sex marriages in California unconstitutional is here.

The opinion really begins on page 110. Opponents of the opinion are calling it “judicial activism,” “overturning the will of the people,” and “ruling by fiat.” Don’t buy it. The judge logically, fairly and appropriately explains why withholding the basic right of marriage from same-sex couples is a violation of essential values and American principles of ethics and law. Forget about the pundits and the spin: read what Judge Walker wrote.

Ethics Tip For Police Being Videoed: Smile!

/ Jack Marshall / 5 Comments

Every now and then one learns about a practice that seems so obviously wrong that it is difficult to believe it could really occur in America. The police’s broad power to confiscate property used in the commission of a crime stunned me when I first read about it in law school. Municipal government use of the power of eminent domain to take private property and turn it over to corporate interests for profit-making development, as in the Kelo case, was another example. During the health care reform debate, I learned that our elected representatives not only didn’t bother to read major legislation, they thought there was nothing wrong with not reading it. I’m still scratching my head over that one.

The increasingly common phenomenon of police arresting citizens for recording arrests and other police activity on video is the most recent example of conduct that is so wrong it is hard to believe it happens—but it does. Continue reading →

Gallup Poll: Trust in Freefall

/ Jack Marshall / 3 Comments

The Gallup poll has released its survey of the public’s trust in various institutions, and also shows whether the public’s trust has increased and decreased over the past year. No surprises: virtually every institution has lost public trust, with only the medical system and big business (which hit a historic low in 2009) improving more than a percentage point.

The bottom of the barrel? Why Congress, naturally. You had to ask?

And the biggest drop in trust since last year, by far, goes to the institution of the Presidency, down 15%. No other institution declined half as much.

For a system of government uniquely dependent on mutual trust, this poll is more than bad news. It is a warning. Continue reading →

The Ethics of Non-Voting Candidates

/ Jack Marshall / Leave a comment

Meg Whitman, the former eBay  C.E.O. making a run at the California State House from the Republican side, didn’t bother to register to vote until 2002.  Nassau County’s candidate for attorney general, Kathleen Rice, registered 18 years before Whitman sis, but still didn’t bother to go to a polling place or cast a ballot until the same year, 2002. She calls this repeated lapse, which ended when she was 37 years old, a “youthful mistake.”

No, it was a series of the same “mistake” repeated over and over again from youth, though young adulthood, into early middle age. Continue reading →