Skip to content
Search

Latest Stories

Follow Us:
Top Stories

When accountability goes, so does legitimacy

When accountability goes, so does legitimacy
Getty Images

Kevin Frazier is an Assistant Professor at the Crump College of Law at St. Thomas University. He previously clerked for the Montana Supreme Court.

“I’m just the middle guy.” It seems like a harmless and justifiable excuse. But when entire companies, governments, and communities become dominated by “middle guys” working for “the boss,” the little guys lose out. This may not seem like a problem to those who can afford to get around middle guys. These are the folks who seemingly float above the barriers that slow everyone else down. They’re the handful of individuals who can, for example, charter private jets and avoid the airline ticket counter--a dominion controlled exclusively by middle guys whose hands are always tied.


It turns out there’s rarely a middle guy who can’t be circumvented with some time and money. For everyone else, there’s a looming accountability crisis brought on by promises being made by individuals and institutions with no intention of ever keeping them--and instead putting the blame on an unaccountable middle guy.

Accountability does not exist if those who hold power don’t face consequences for taking inadequate, illegal, or immoral actions. In the Age of the Middle Guy, Average Joes and Janes cannot afford to go after “the boss,” who are protected by complex contracts, well-paid lawyers, and deep pockets. In short, in too many situations it now takes time and money to get back your time and money.

Case in point, my friends hired a moving company to deliver their goods to a home in a new state. Well, that’s what they thought. In actuality, they hired a “broker,” who hired a “mover,” who hired contractors to move their stuff. When their goods arrived damaged and two-weeks late, they tried to get a refund from the contractors - who pointed them to the movers, who pointed them to the brokers, who never answered their calls. My friends wanted to hire an attorney to go after anyone and everyone but lacked the time and money to get back their time and money.

Initially, I questioned why my friends didn’t read enough Google Reviews to hire a better company. Then, I realized…Wow! I have sipped way too much Kool-Aid. I rushed to question the consumer--the Joes and Janes with no power--rather than an industry and culture that has robbed little guys of any means to impose consequences on those who should be held accountable.

Those in power go out of their way to diminish the likelihood and magnitude of those consequences. In other words, they try to reduce the odds of getting caught and, if they somehow are caught, they try to limit the severity of the punishment.

Over time, the powerful have created more and more creative ways to evade detection and escape punishment. They’ll use distance (see King George counting on an ocean to avoid facing the colonists); time (see dictators throughout history delaying elections); middle guys (see moving companies hiring contractors); and, bureaucracy (see some governments)—all in an effort to reduce the odds of little guys coordinating to actively hold them to account.

Regrettably, the powerful usually succeed. Little guys don’t have the time and resources to sail across the sea or, in modern times, wait on hold. What’s more, even when the powerful get caught in the act, they manage to avoid facing severe consequences — their contracts are too strong, their lawyers are on speed dial, and their political ties are too deep.

When accountability goes, so does legitimacy. When little guy after little guy has a story about being taken advantage of and nothing to show for their suffering, entire institutions can start to crumple. The stories of corruption spread and the willingness of Joes and Janes everywhere to trust those institutions dissipates.

That lack of trust is spreading today and has become one of the most important issues of our time. One way to restore that trust is to look for ways--through regulations, rules, and norms--to cut out the middle guy and make sure that the powerful can be directly, swiftly, and appropriately held to account.


Read More

Making parties great again, early election results, and timely links

Donkey and elephant

Making parties great again, early election results, and timely links

#1. Deep Dive: Is it Realistic to Make Parties Great Again?

There’s intriguing new energy for advancing party-based forms of proportional representation (PR) in the United States, along with substantial legal efforts to win fusion voting where candidates earn the right to be nominated by more than one party. The underlying theory of the case for this new energy is that American political parties should be both strengthened and allowed to multiply. But is that what either the voters or elected leaders want? Here’s a longer “Deep Think” than usual to explore that question.

First, here’s new evidence of this energy and the intellectual case around stronger parties behind it:

Keep ReadingShow less
A person at a voting booth.

Independent voters now make up the largest voting bloc in the U.S., yet many are excluded from primaries and debates. Why reforming primary elections requires empowering independents.

Getty Images, LPETTET

Empowering Independent Voters Can Fix Primary Elections

Not long ago, almost no one talked about the rules and culture of primary elections. Today, there is a growing recognition that the way we run primary elections isn’t working. They’re too partisan. Too low turnout. Too dominated by ideological activists. My organization, Open Primaries, has spent years pushing this conversation into the mainstream.

But we won’t fix primaries purely by tweaking rules. Their dysfunction is a symptom of a larger problem: the systemic exclusion of independent voters from our political life. To truly reform them, we have to start with an honest discussion about why so many Americans are leaving the parties- and what it would take to empower them as full participants in our democracy.

Keep ReadingShow less
Liberty and Justice for Some

Stephanie Toliver examines book bans, transgender rights in Kansas, the impacts of ICE detentions, and the history of conditional equality in America’s schools, libraries, and churches.

Getty Images, Catherine McQueen

Liberty and Justice for Some

Late February brought two stories that most Americans filed under separate categories. In Kansas, the state government invalidated the driver's licenses and birth certificates of transgender residents, erasing legal identities with the stroke of a pen. In New York, a Columbia University neuroscience student named Ellie Aghayeva was taken from her campus apartment by federal agents who misrepresented themselves to get through the door and held by ICE until the city's mayor personally petitioned for her release. Different people, different states, different mechanisms. The same message: for some of us, the promises of this nation were always conditional.

And yet, many Americans hold onto the lie of equality because acknowledging the truth would mean that the foundational promise we have repeated since childhood — liberty and justice for all — was never meant for all of us. It is far easier to accept comfortable fictions than to reckon with a truth that destabilizes everything you thought you knew. That meritocracy is real. That all are equal. That the documents we carry and the institutions we enter will protect us the same way they protect everyone else. But for many of us, there was never a fiction to hold onto. We were born into the conditions the lie was designed to obscure.

Keep ReadingShow less
Michael B. Jordan standing next to Delroy Lindo

Michael B. Jordan and Delroy Lindo at the 41st Annual Santa Barbara International Film Festival.

Getty Images, Phillip Faraone

Not OK: Curb Slurs and Hate Speech To Avoid The Monstrous

John Davidson shouted out the n-word while Michael B Jordan and Delroy Lindo presented a prize recently at the British Academy Film Awards.

Was it hate speech or a mistake made due to a disability?

Keep ReadingShow less