Penalize Politicians for a Change

"As scandals explode across Washington — from the IRS scandals, to the Benghazi scandal, to the HHS donations scandal, to Pigford and more — one thing that I've noticed is that the people involved don't seem to suffer much," writes Glenn Reynolds. "There are consequences, but not for them."

The problem, says Reynolds, is that politicians don't have skin in the game. They will take 'responsibility', but not 'blame'.

What's the difference? People who are to blame lose their jobs. People who are "responsible," do not. The blame, such as it is, winds up deflected on to The System, or something else suitably abstract.

But when you cut the linkage between outcomes and experience, you make learning much more difficult. When you were a toddler learning to walk, you fell down a lot. This was unpleasant: shocking, at least, and often painful. Thus, you learned to fall down a lot less often.

But imagine if falling down didn't hurt. You wouldn't have learned not to fall, or at least, you would have accumulated a lot more bruises along the way.

Given the low penalties for failure it faces, our political class is one for whom falling down is usually painless and even — given the surprisingly common tendency of people who have presided over debacles to be given promotions rather than the boot — actually pleasurable. The leaders move society's arms and legs, but we're the ones who collect the bruises.

Reynolds, a law professor, offers a few recommendations to remedy the situation:

I'd favor some changes that put accountability back in. First, I'd get rid of judicially created immunities. The Constitution itself creates only one kind of immunity, for members of Congress in speech and debate. (Perhaps unsurprisingly, courts have interpreted this grant of immunity, explicitly in the Constitution, more narrowly than the judicially created ones).

I'd also cut all payments to members of Congress whenever they haven't passed a budget. If they can't take care of that basic responsibility, why should they get paid? Likewise, I'd ban presidential travel when there's not a budget. He can do his job from the White House.

I'm willing to consider other changes: Term limits that kick in whenever there's a deficit for more than two years in a row. Limitations on civil-service protections to allow wronged citizens to get offending bureaucrats fired. Pay cuts for elected officials whenever inflation or unemployment are above a threshold.

But the real lesson is this: We entrust an inordinate amount of power to people who don't feel any pain when we fall down. The best solution of all is to take a lot of that power back. When the power is in your hands, it's in the hands of someone who feels it when you fall down. When it's in their hands, it's your pain, their gain. That's no way to run a country.