Lessons In Democracy Learned By Juror Number 2

Like most Americans, I groaned when the mail included a summons to jury duty. Having been there before, I envisioned three days of wasted time in a bland room with lousy internet service. Instead, I served on a jury and came away with a renewed confidence in America’s tradition of self-governance.

My service as Juror Number 2 took place in Freehold, New Jersey near a Battle of Monmouth monument. At first, I inwardly chuckled when the judge cited the history of the place to convince us of the importance of the jury system. Being a history buff, I knew the battle wasn’t as consequential as she tried to make it sound. But, I appreciated the effort to explain that the right to trial by a jury of our peers was as important as our rights to freedom of speech and religion.

As the process unfolded, I began to recognize that jury trials are in many ways a healthier expression of American democracy than our system of politics and elections.

The process of jury selection, for example, emphasized the rights of the parties to receive a fair hearing. Many prospective jurors were dropped from the trial based upon answers to 22 questions about potential conflicts and other matters. Then, those still in the pool answered questions about personal interests and relationships. Both attorneys rejected some jurors based upon those answers. No explanation was required. They were just exercising rights designed to insure an impartial jury for their clients.

This was an important reminder that we all have certain rights that cannot be taken away by our government or anyone else. Too many Americans forget this and talk as if the majority can do whatever it wants. But that’s not the way it works in a free and self-governing society.

Perhaps the biggest surprise came when everybody in the courtroom rose when we entered or left the room. The judge explained that the honor was bestowed because we were the decision makers. In effect, it was a recognition of our sovereign status in that setting. Can you imagine how much different it would be if elected officials had to stand when their constituents entered the room? Can you think of any way in which national politicians seriously acknowledge that the
people are supposed to be the ultimate decision makers in America today?

Perhaps the most important lesson of all, however, came when we were summoned for the final time as a jury. Informing us that a settlement had been reached, the judge went out of her way to explain that our time and service had been essential to the outcome. She specifically said no settlement would have been possible if this had been an administrative trial.

That, it seems to me, is the proper model for political engagement in a self-governing society.

As a jury, we were the sovereign power in that courtroom. But, we had no power at all once the parties worked things out for themselves. Knowing we were there, and wondering what we might decide, certainly had an impact on the settlement discussions. But the decision was not ours to make.

A healthy political system would encourage everyone to find solutions by working together in community. When we do that, there’s no reason for the politicians to get involved.

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Thank You Jackie Robinson

Seventy years ago this Saturday, Jackie Robinson made history by breaking the Major League color barrier. MVP awards, All-Star selections, and championships recognized his skills as a player. His very presence dramatically changed the world of baseball. Within a few months, other teams began adding black ballplayers. Over the following 12 seasons, eight of the National League MVP awards were won by black men.

Facing enormous hostility from fans and other teams, Robinson and his wife consistently demonstrated the power of nonviolent resistance years before the world ever heard of Martin Luther King Jr.

Major League Baseball appropriately honored his larger legacy by retiring his number so that nobody else on any team will ever wear number 42 again. The sole exception is on April 15 each year, Jackie Robinson Day. On that day, every player, coach, and manager on every team wears number 42 in celebration of Robinsons’ life. No other player has ever received such an honor.

It’s important to recognize that the courage and class Robinson displayed in the face of hatred and vicious personal attacks changed far more than baseball. When he first took the field for the Brooklyn Dodgers in the spring of 1947, his presence sent shockwaves throughout all of society and forced others to adapt. It generated untold millions of conversations among baseball fans who carried those discussions into other areas of life.

PBS later noted that it “was a major blow to segregation everywhere.” It wasn’t until one year after Jackie Robinson joined the Dodgers that President Harry Truman integrated the U.S. military. As always, the culture leads and politicians lag behind.

Dealing with Robinson as a member of the Dodgers led to the integration of many hotels and restaurants where the team stayed. Other organizations changed as well. The Sporting News, a paper that opposed integration of baseball, ended up naming Robinson its Rookie of the Year in 1947.

One clear impact of the cultural shift Robinson represented involved Rosa Parks.

Four years earlier, in 1943, Parks had been ejected from a segregated bus in Montgomery because she refused to give up her seat to a white man. At the time, the event attracted little notice. But, nearly nine years after Robinson’s first Major League at-bat, things had changed. When the heroic Parks again refused to give up her seat, she sparked the Montgomery bus boycott. That event lead to the emergence of Martin Luther King Jr. as a leader who applied the lessons of nonviolent resistance on an even broader scale.

Acknowledging the debt his movement owed to the ballplayer, King called Robinson “a pilgrim that walked in the lonesome byways toward the high road of Freedom. He was a sit-inner before sit-ins, a freedom rider before freedom rides.” Robinson, of course, was not the sole reason for the cultural changes that took place. But it is almost impossible to overestimate the significance of his contributions.

Jackie Robinson’s story, like so many other American stories, highlights the reality that the culture leads and politicians lag behind. It took 17 years before Congress caught up to the Brooklyn Dodgers and passed major civil rights legislation. In fact, by the time Congress got around to acting, the Dodgers weren’t even in Brooklyn anymore.

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Free Local Communities to Set Their Own Minimum Wage

Last week, Iowa Governor Terry Branstad signed a bill preventing local governments from raising the minimum wage above the statewide level of $7.25 per hour. The bill was a response to four counties passing local laws boosting the minimum to $10.10 per hour or higher. Ballotpedia.org reports that similar battles between state and local authorities to set wage and employment guidelines have taken place around the country.

Rather than blocking local governments from setting their own minimum wage standards, state governments should encourage them to do so.

At the most basic level, that’s a recognition that no two communities are identical. Of the four Iowa counties that passed higher minimum wage laws, two are home to the state’s biggest cities– Des Moines and Cedar Rapids. It’s not unreasonable to think that the cost of living in any city is a bit higher than in other rural areas of the state. A third county setting higher minimums is also among the state’s largest and is home to the University of Iowa. That might suggest a higher cost of living and also a more liberal political culture.

But the real reason that local governments should be allowed to establish a higher minimum wage is that it shifts decision making power away from politicians and puts it in the hands of Iowa residents.

As I note in my forthcoming book, Politics Has Failed: America Will Not, Americans have more power when we act as consumers rather than voters. We have the ability to hold local government accountable because we can decide where to live.

Like a small business, local communities compete to attract residents and jobs. In effect, they are selling a mix of lifestyle benefits including housing, amenities, services, and more. The price consumers pay is determined by housing costs, taxes, regulations, and other factors.

Seen in this light, the wisdom of raising the minimum wage in a particular county will be determined by the decisions of residents and local businesses. Maybe the higher minimum will attract more people or maybe it will drive away businesses and jobs. It’s even possible that the higher minimum wage will have no discernable impact. After all, it’s just one small part of the overall lifestyle mix offered by local communities.

Letting local governments set their own rules empowers people to vote with their feet. It works because local officials are competing in a very active market. The average American moves about 12 times in their lifetime and nearly 13 million move to a new county every year.

And that brings us to the fourth county that passed a higher minimum wage, Wapello County. It’s home to Ottumwa, perhaps best known as the home town of Radar O’Reilly in the hit TV show MASH. On the surface, there’s no clear reason for Ottumwa to have a higher minimum wage than other less populated areas of the state. But maybe the good people of Ottumwa know something we don’t know. Or perhaps they just made a mistake. Either way, the choice should be theirs to make.

If it works, life in Ottumwa will get better. If not, either the new law will be repealed or people will move away. Most important of all, the decision will be in the hands of the people rather than the politicians.

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