Negotiations

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 for at least consideration or evaluation. Within a negotiation difficult subject 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 throwing out half formed ideas and considering wildly extreme views as a group. Doing this can be damaging for an individual if filmed and rebroadcasted 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 of what needs to be done.

Privacy In Politics

The work of politics requires backrooms, closed doors, and confidential communications. This reality is often undervalued today. We live in an age where everything can potentially be captured on camera or shared across the country for anyone to view. In the United States we have passed laws opening up the legislative process, freeing up information and communications, and bringing transparency to the political process. Doing this however, has made the actual process of governing and reaching legislative decisions nearly impossible.

Jonathan Rauch writes about this reality in his book Political Realism and he argues that there are some things in government that have bad optics, but are necessary for a functioning political system. He writes, “In full public view, complicated deal-building is hard to do, indeed usually impossible; therefore machines tend to prefer privacy.” In order to build a coalition, leaders and individuals need to be able to bargain and compromise. A bill that may be incredibly beneficial for one group of people or for a certain state could be completely unfavorable for a different group of people or for individuals in a different jurisdiction than the target population. Anyone representing the group that does not get anything will be politically pressured to oppose the new legislation, even if it makes a huge difference for a politically sympathetic group someplace else. Deal-making, compromise, and making trades allows coalitions to be built in these situations, but this type of deal-making must be done in private. In the open, trading votes in such a way can be ruinous.

Politics requires a delicate balance between transparency and privacy. Too much privacy and we risk corruption, but too much transparency and we risk unending political fights with no path forward for even sensible legislation. In the United States Congress is one of the most open institutions. Congressional emails are saved, debates and meetings are televised, and reporters swarm the capital every day. As a result, our representatives must be open about their processes, goals, and deal-making activities. What we ultimately see, is a branch of government that cannot move forward with major pieces of legislation and has incredibly low favorability.

In contrast, out nation’s Supreme Court is relatively well liked. It is closed from the public and allowed, even expected to have, deliberations in back rooms and behind closed doors. Decisions must be made and when they are, they are usually well accepted. I don’t think congress should operate like the Supreme Court, but I think Rauch’s argument should be taken seriously. We should find ways to allow political decisions to be private and safe for legislators, so deals can be made that help our nation move forward, even if they are politically toxic for some members who must go along with the rest of congress.