In his book Political Realism Jonathan Rauch describes the importance of negotiations in politics. The act of negotiating is the act of coalition building, finding support for an idea, position, or program among legislators with varied interests. Negotiation needs to be creative, with all options on the board. Within a negotiation, difficult subjects and ideas are discussed to try to understand the benefits, the costs, the target populations, and issues of equality or inequality. The process is messy and like human speech, often disorganized and free flowing.
In the United States Federal Government, negotiations within the legislature are supposed to take place out in the open. Committee meetings and hearings are supposed to be public. Negotiations and advisory sessions are televised and open to journalists and interested citizens via the internet. The goal behind an open government is simple, let the people see and know what our leaders are up to. We want to be able to view the negotiations so that we can ensure big businesses are not running the show and to make sure our elected officials are not trading money and votes for projects and bills that we don’t like. Most of all, we want to make sure our legislators are acting ethically and not in their own self-interest.
This system sounds nice when we wear our moral philosopher hat, but when we put on our real world pragmatist hat we can see that our open government requirements are in a way breaking the legislative process. If we force negotiations to be public and always visible, then legislators are constrained in what can be said and considered in a negotiation. I mentioned earlier that negotiations are messy and creative, and this process involves talking through half formed ideas and as a group considering extreme ideas that an individual may not want to raise on their own. Doing this can be damaging for an individual if filmed and rebroadcast out of context, but in the moment it can help build creativity and allow decision-makers to better understand the full range of possible impacts.
Rauch writes the following regarding our constraints of negotiations, “If negotiations among leaders are a key to effective governance, particularly in polarized times, then we need a less moralistic, more realistic sense of the conditions under which negotiations effectively take place.” Sometimes the nation needs to move forward with legislation that is incredibly unpopular within a few legislative districts. Bills can be toxic for a given senator or member of congress, and if they cannot negotiate in the dark, then on legislation they know must move forward despite its unpopularity back home, the legislator must take a stand against the bill. In this way, a small minority becomes more powerful, and important legislation is stalled. Sunshine is great in theory, but in actual governance, sunshine can become sand in the gears.