FROM THE EDITORS
In his famous Gettysburg Address, delivered in 1863 during the American Civil War, President
Abraham Lincoln spoke of the importance of "government of the people, by the people, for the
people." Lincoln, like the Founding Fathers who wrote the U.S. Constitution, believed that in
order for the people to rule, government must be accountable -- not just through elections, but
through a myriad of safeguards, some of which were built into the Constitution, many of which
slowly evolved as Americans gained a greater appreciation of what their commitment to
democracy involved.
In this electronic journal, we explore the ramifications of government accountability in a modern democracy. A central theme of the journal is that a written constitution assuring accountability is an insufficient guarantee -- that promoting government accountability also requires a rededication of purpose by each generation as it responds to changing circumstances. American government, for example, is much more democratic, much more accountable than it was when the Republic was formed more than 200 years ago. How did this happen? What changes were made, and why? These are the essential questions explored in the following pages.
In our lead article, Robert S. Barker, professor of law at Duquesne University School of Law, looks at the bedrock components of accountability in the U.S. system. He discusses the separation of powers among the judiciary, legislature and executive; judicial review; and the Bill of Rights, particularly the First Amendment guaranteeing freedom of expression. Despite the good work of the Founding Fathers, Barker concludes that ensuring accountability in government, like guaranteeing liberty, "requires eternal vigilance."
Holding government accountable, however, is difficult without essential information, without the ability to assess official conduct. That is a key reason why government actions, in so far as is possible, should be transparent. The importance of transparency and open government is explored in an article by Robert Vaughn, professor of law at Washington College of Law, American University. He discusses the nation's freedom of information laws, which were passed relatively recently in the nation's history, "sunshine" laws requiring open government, "whistleblower" protection acts and the role of privacy protection and ethics guarantees.
No matter how principled a particular administration, or how persistent individual citizens may be in scrutinizing their government, external watchdogs have become an essential tool in overseeing government actions. Robert Schmuhl, professor of American studies and director, John W. Gallivan Program in Journalism, Ethics and Democracy, University of Notre Dame, discusses the role of various nongovernmental organizations (NGOs) in providing this important oversight role. He emphasizes the press -- a diverse press -- but also discusses the role of public advocacy groups such as Common Cause.
"Whistleblowers," those daring individuals who are willing to risk reputation and livelihood to expose government malfeasance, have long been a feature of the American landscape. Unfortunately, some really did pay a high price for their commitment to integrity in government -- a key reason why the Whistleblower Protection Act of 1989 was passed. Thomas Devine, legal director for the Government Accountability Project (GAP), a nonprofit, nonpartisan interest group that protects the rights of employees who have "blown the whistle" on illicit government actions, discusses the legislation in an interview with Contributing Editor David Pitts. Devine leaves no doubt of his belief that whistleblower protection legislation would be beneficial to all democracies, not just the United States.
No government, no matter how democratic or efficient, can long be effective if it is corrupt -- if institutions or individuals lack integrity and are motivated by self-interest and private gain rather than the public good. Jane S. Ley, deputy director for government relations and special projects at the U.S. Office of Government Ethics, explores the vital issue of ethics in government. She discusses the legal framework that has evolved over the years to foster ethical conduct -- dealing with such issues as codes of conduct, conflict of interest and financial disclosure. She concludes that the system in place, as elaborate as it now is, "will need to continue to adapt to new challenges."
One of the legacies of the Progressive Movement, a period of great social change at the beginning of the last century dedicated to making the United States more democratic, was the adoption of ballot measures by an increasing number of states. This was an experiment in direct democracy or direct accountability -- enabling citizens not only to directly elect their officials, but to directly decide issues. Currently, 26 of the 50 states permit ballot measures. Contributing Editor David Pitts profiles one case in particular -- a recent ballot measure in Lee County, Florida. He explains how ballot measures work in practice and discusses the pros and cons of ballot measures, particularly from a constitutional point of view.
The journal concludes with a variety of reference resources -- books, articles and Internet sites -- affording additional insights on the vital issue of accountability in government.