Government and Legal Solutions: agency

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Aug 25, 2011

Steps to Control and Reduce Government Spending

Introduction

I have been studying government operations for 20 years. I have also researched over 8,000 agencies and almost as many government programs. The steps discussed below are based on that knowledge and experience.

If we want to control government spending, then we must do the following:

A. Prohibit corporate welfare

B. Sunset non-essential government programs

C. Cap government borrowing

D. Use trust funds, pay for use and other funding mechanisms

E. Enforce reasonable budgets

A. Prohibit corporate welfare

1. Enact a new law which prohibits giving money to corporations for the purposes of financial assistance due to bad business decisions. All corporate welfare and business bailouts will become prohibited.

2. Immediately call in all money lent out as large business loans or bailouts. Note that banks and other financial institutions demand immediate recall of the loans all the time; it is time our government does the same.

B. Sunset non-essential government programs

1. Make three compressive lists of program categories:

a. Essential program areas

b. Non-essential program areas

c. Constitutionally questionable program areas

Essential program areas will include services that are vital to the United States government and to the general welfare of the people. Essential services include national defense, airline inspections, and secret service.

Most other program areas will be considered non-essential programs. This includes most research programs and many social services. These may be very valuable, yet if money is tight these non-essential program areas may need to be trimmed.

In addition, some program areas are constitutionally questionable. These programs may be useful, but might not be authorized under the Constitution.

2. Determine and Approve the Lists

When determining essential programs from non-essential programs, ask a question every citizen must ask themselves: If I only have $100, and there is no magic money coming from the sky, what are the essential areas I need to spend that money on? And what areas can be crossed off the list if there is not enough money?

Who makes the judgment on categories? Private civic groups will propose the lists, discussing the three categories among themselves. Congress will approve two of the three lists: essential and non-essential program areas. When Congress approves those lists they have official meaning and applications as described below.

Members of Congress can propose program areas to add to the lists or move specific program areas among the lists. This can be done during any future legislative session.

3. Sunset all Non-essential program areas

All non-essential program areas will automatically sunset (automatically close) after 10 years.

We must enact a law with a list of non-essential program areas, and the decree that each of these program areas will be automatically closed after 10 years.

The only way for any of these programs to continue is for Congress to reauthorize the program. A Congressman must propose the continuation of the program, with persuasive arguments why the program should continue. If reauthorized then the program will continue another 10 years, at which point the program must be reauthorized yet again.

However, if Congress does not approve then the program will cease to exist. With the program gone, and perhaps the office gone that managed the program, we will have trimmed government spending.

It is very probable that many of these programs will not be reauthorized. Consider the logistics: First, consider the vast number of non-essential programs. It is impossible for more than a small percentage of these programs to be proposed for reauthorization in any one legislative session. Second, typically less than 10% of bills in any legislative session become enacted into law.

Furthermore, the proponents of the program must convince their peers why the program is good, how much it will cost, and why the government should pay for it. The opponents will have their chance to disagree and offer their arguments.

Due to the logistics of passing bills in Congress it is very probable that the program will not be reauthorized, at which point the program will cease to exist. Then multiply this scenario by hundreds of programs. These government programs and agencies will finally be eliminated.

4. Essential programs never sunset

The essential programs such as military branches and safety inspections will never sunset. Because these program areas are officially defined as “essential program areas” the programs continue to exist without any automatic closing.

Note that any of these programs can be eliminated with a vote from Congress. There is simply no automatic closing.

5. Eliminate constitutionally questionable programs

Some programs will be constitutionally questionable. They may be good for the public, but they are not authorized under the Constitution. Eliminating such programs will help keep government spending under control.

First, civic groups must create a list of constitutionally questionable programs. Note that there will be no official government list.

Second, during each legislative session a group of Congressmen should propose adding 10-15 of these program areas onto the official non-essential program list. If some constitutionally questionable programs are on the non-essential list, these programs will automatically expire in 10 years. There wont need to be any discussion of constitutionality - the program will automatically cease.

On the other hand, if these programs are proposed for reauthorization, then the opponents can discuss the constitutionality at that time. The opponents may persuade their peers, and the program will cease to exist.

Third, during each legislative session a group of Congressmen should propose the actual elimination of some constitutionally questionable programs. To be most effective, select no more than 25 programs. These programs should be the most clearly unconstitutional, and nothing as large as an entire department. Pick off the programs one by one, and let the agencies eventually wither away.

C. Cap government borrowing

1. About the debt

One of the biggest problems contributing to government spending is the debt. This is money the United States government has borrowed from private citizens and foreign nations.

The U.S. government should borrow no more than is absolutely necessary, and then pay off that debt as quickly as possible. Instead, the debt continues, and interest on the money borrowed has grown out of control. This must end.

2. Place a cap on interested paid on borrowed money

Congress must enact a law which states that interest paid on borrowed money will be capped at a certain amount. This will keep the debt at manageable limits.

Regardless of the amount of loan, or who the money is borrowed from, the United States government should never be required to pay interest that compounds forever. There must be a limit.

Cap the limit on interest at 3x the loan amount. For example, the interest on a loan of $1,000 will be capped at $3,000, with a total payment of $4,000. Similarly, the interest on a loan of $1 million will be capped at $3 million, with a total payment of $4 million.

A limit on interest of 3x the original amount is more than reasonable. The lender gets his money back, plus a large sum as profit.

If no lender agrees to these terms, then the government shouldn’t be borrowing any money. Remember, the U.S. government is never forced to borrow money. Also remember that the government can learn to live within its income.

3. Borrow only for emergencies and investments

A government should only borrow money for three reasons: a) national defense during a time of war, b) emergencies such as natural disasters and large populations dislocated, or c) investment in technology or infrastructure which will benefit the majority of the people. Those are the only reasons why a government should borrow money.

The government should consider its financial operations the same as any business. Businesses live within their income, if they didn’t the business would fail. The United States government can do the same. The government should live within its means most of the time.

On the other hand, many businesses require investments. These investments often come in the form of business loans. The borrowed money is used to grow the business, then the business makes a profit, and a portion of the profit is paid back to the lender. This is a system which works fairly well.

Similarly, sometimes government borrowing money can be good as an investment. For example, money can be used to develop new technologies or new modes of transportation. The people can make more money using these technologies and using these forms of transporting goods. That additional income can then be used to pay back the government loan.

Borrowing money is also appropriate for national defense and major emergencies. If major areas of the nation are destroyed then the nation as a whole will suffer and a balanced budget would be meaningless.

Therefore sometimes it is necessary for the government to borrow money, but this should be very limited. The U.S. government should live within its income most of the time.

D. Use alternate funding mechanisms

1. Use other financing methods when possible

The majority of government programs are funded from one path: individuals and businesses are taxed, the money goes into the general fund, and then the money is distributed by the Department of Treasury to specific agencies.

Because of this traditional path it can be difficult to control government spending: additional money for a program is often taken from the general pool of funds, rather than spent as originally allocated for each project.

Instead of the traditional path, we can create different paths for the flow of money. There are several advantages to using different paths for money flow, including: funds are less frequently comingled, and funds are more often spent as specifically allocated. It is also easier to provide financial oversight of these different paths.

There are several non-traditional paths for financing government agencies. Two of the most common alternate paths are: pay for use, and trust funds.

2. Pay for use financing

In the pay for use system of financing, the people pay directly for the services. The program is funded fully (or at least majority funded) by people who pay for the services. The money never reaches the general government fund; the program is financially self-sufficient. Furthermore, only those people who use the services actually pay for the services.

The US Post Office is a classic example. Individuals and businesses pay for shipping services, and these paying customers support the postal service. Toll roads are another example. The drivers who use the toll road are the ones who pay for the construction and maintenance of those roads.

The USDA grading service is another example: any farmer which wants his milk or beef graded must pay for the service. Thus, this USDA program is self-funded and self-sufficient.

Any program which can be funded fully or in part through a pay for use system will be independent of the general pool of taxpayer money. The pay for use system should be used whenever possible.

3. Trust fund financing and oversight

Trust funds, when properly secured, are excellent tools for financial management. Some government programs are already under trust funds. However, trust funds only work when the money is collected separately from other taxes. Also, trust funds must be strictly supervised and inspected to ensure no mismanagement of the funds.

In a typical trust fund (private or government trusts), money is set aside into a specific account. That money cannot be touched except for the specific purposes stipulated in the creation of the trust, and the money can be distributed only in the specific manner stipulated by the trust.

In addition, all legitimate trusts have oversight provisions. Someone outside the trust has authority to examine the trust operations and to discipline the manager as necessary if he misuses the funds. Such discipline can include large fines, jail time, and suspended licenses. With these provisions, the money in a trust fund will always be available for the stipulated purpose.

The government currently has some trust funds. The Federal Highway Administration has a trust fund, collected by fuel related taxes, and is used to maintain roads. The airport system has a trust fund: when you fly on an airplane you pay an airport fee which is then used to maintain the airports.

Social Security often comes to mind when people think of government trust funds. However, this is not really a trust fund. The money from employment related taxes are supposed to be set aside, as if it were a trust fund, and used only for retirement benefits. However, in reality these funds are comingled with the general fund. The government has used the money to pay for various unrelated programs, which is essentially improper management of the funds. This is a classic example of a bad trust. Instead, a proper trust fund must be created, which is kept totally distinct from the general fund, and managed by different directors. In addition, this fund must be strictly supervised by an independent entity to ensure no future mismanagement of the funds.

Despite the problems of the Social Security Administration, I believe that many programs can be funded using the trust fund system. Keeping accounts separate will minimize the possibility for comingling. By using a trust fund, the money is more likely to be used for the desired purpose. The money is also more likely to be available when needed.

E. Enforce reasonable budgets

1. Eliminate Baseline Budgeting

Since the 1970s the budget for the US Government has been set with baseline budgeting as a starting point. This is one of the main factors in creating out of control spending.

In baseline budgeting, the budget for each agency and program is the same as last year’s budget, plus a rate of growth. This rate of growth can be anywhere from 2% to 15%.

Note that this rate of growth is tacked on regardless of reality. This rate of growth will be tacked on regardless of how much the programs actually cost, the financial burden of the people, or the economic circumstances in the country. Even in the best of economic times, the rate of growth which is added to the agency budgets will usually exceed the rate of economic growth for businesses and individuals.

Also remember this is the starting point for budget discussions. The increase is automatic. The budget is presumed higher, and it falls upon the Congressmen to attack these increases, on every agency, every fiscal year. Furthermore, when there are cuts these cuts are only in the rate of growth; almost rarely are there actual budget cuts compared to previous years.

In order to keep spending under control we must eliminate baseline budgeting. Congress must pass a law which puts an end to baseline budgeting and which prohibits automatic increases in agency budgets. This law will keep government spending under control significantly.

The budget presented to Congress should start as the same budget as the previous fiscal year. Each agency which desires an increase in funds should send a detailed explanation as to why these funds are necessary. Any desired increases (including rate of growth and additional program expenses) will be considered at that time.

2. Budget should be based on income, not expenses

The budget for the government should be based on income rather than expenses. Currently the government decides what it wants to spend, then taxes the people accordingly. This process should be reversed: the government should figure how much income it will get, then allocate the expected income to desired programs.

With the current approach the government spends whatever it wants, and believes that someone will be there to pay for it. Life doesn’t work that way. I would like to have a home in Tuscany and a private chef, but I don’t have the income to do that. I have to be realistic - I must choose my expenses based on my income. The government must do the same.

How will this process work? First, the government should project the income for the following fiscal year. One way to do that is to look at the last 5 years, watch the trend, and estimate the income for the next year.

Second, the President (who is essentially the head manager for all agencies) must work with that income amount. All agencies and departments send the President their desired budget as usual. However, if the total desired budget exceeds the expected income, then the President must tell his departments to make cuts. The President must decide on a budget for each department, and then tell each department to make the necessary cuts in order to stay within that budget.

Third, when the proposed budget reaches Congress this budget should be within the projected income. If not, then Congress can make their own cuts as desired. Congress should never pass a budget which exceeds the projected income.

As a bonus: suppose that the actual income for the year turns out to be greater than the projected income? Then everyone can celebrate! The extra money can be used to pay down any debt, or be set aside for the future.

All of this can be made official by passing a series of laws. However, enforcement of these provisions will be difficult. At least with a law in place there is greater incentive for the President and Congress to follow it. The public can also pressure their representatives to adhere to these laws.

3. Send Financial Summaries to each home

I am a strong supporter of sending budget summaries to every home. At the simplest level, each home should be sent a brief financial summary of the U.S. government. This summary would include:

a. Actual income for the last 5 years

b. Expenses for each Department for the previous year

c. Expenses for Congress and Judicial Branch for the previous year

d. Debt status: amount of debt owed and to whom

e. Deficit or Surplus: Income minus Expenses = $_____

These summaries will be short pdf documents, 10 pages maximum, and can be sent as email attachments to anyone who requests the information.

This short summary will be easy to read, with the important information at a glance. With these summaries the people can get a basic understanding of the government’s financial situation. Then the people can then put pressure on representatives as needed.

Summary

If we want to control government spending then we must:

a. Prohibit corporate welfare

b. Sunset non-essential government programs

c. Cap government borrowing

d. Use trust funds and pay for use funding mechanisms,

and

e. Enforce reasonable budgets

Using these tools we can regain control of government spending. Using these tools we can reduce the government to a reasonable size again.

Mark Fennell

August 23, 2011

Jul 22, 2011

Public Private Partnerships: Good or Bad?

Introduction

There has been some confusion among the public regarding Public/Private Partnerships (PPP). I have read about these Public Private Partnerships many times as I have studied government agencies. I would like to clarify a few things.

Are Public/Private Partnerships good or bad? It depends on which came first. Is it a private entity being taken over by the government? Or is it a government operation being delegated to a private entity. It is the latter.

Most of the Public Private Partnerships exist to turn over the government's management of a task to a private entity, usually a private company. So in fact the project was a government operation to begin with, which is now delegated to a private company.

People are often complaining how private sector can do things more effectively than the government. This is indeed what the Public/Private Partnerships try to do: let the private sector do some of the jobs of the government. Therefore I say that Public/Private Partnerships are in fact a good thing.

PPPs in Transportation

The classic examples of Public/Private Partnerships are transportation projects, such as building roads or commuter rail. In a PPP the private company might do any one or more of the following functions: planning, financing, designing, construction, operation, and/or maintenance.

There are many, many variations of PPPs in transportation projects. For a good overview, with flow charts and examples, see the FHWA PPP webpage at:

http://www.fhwa.dot.gov/ipd/p3/defined/index.htm

About PPPs from the Federal Highway Administration

The following information on PPPs is from the Federal Highway Administration (FHWA). I have also included this information in my books on the FHWA.

1. About PPPs (FHWA description)

Public-private partnerships (PPP) refer to contractual agreements between a public agency and private sector entity that allow for greater private sector participation in the delivery of transportation projects.

There are many different Public-private partnerships (PPP) options, and the exact combination of services and responsibilities differs from one application to another. FHWA is working with our partners in the public and private sector to further investigate these promising partnerships.

In this website, the term “public-private-partnership” is used for any scenario under which the private sector assumes a greater role in the planning, financing, design, construction, operation, and maintenance of a transportation facility compared to traditional procurement methods.

As Federal and State highway funding becomes more constrained, and as the need for highly efficient surface transportation systems continue to grow, the role of the private sector will continue to reemerge. Transportation officials in the United States have been eager to find new ways to capture the efficiency and value for money that the private sector can provide.

This has led to new forms of partnership in which public owners have transferred responsibility for activities, for which it has traditionally been responsible, to the private sector. These activities range from the maintenance and operations of individual highways or large highway networks to managing the financing and procurement of large highway capital expansion programs.

Typical procurement packages include:

• Private sector operations and maintenance on a performance basis;

• Private sector program management for a fee and/or with program costs and schedule maintenance incentives;

• Design-build for fixed fee on fixed time frame;

• Project build-operate-transfer (BOT);

• Design-build finance-operate-transfer (DBFO); and

• Build-own-operate (BOO)

2. Key Benefits of PPPs (From FHWA description)

PPPs provide benefits by allocating the responsibilities to the party (either public or private) that is best positioned to control the activity that will produce the desired result. With PPPs, this is accomplished by specifying the roles, risks and rewards contractually, so as to provide incentives for maximum performance and the flexibility necessary to achieve the desired results.The primary benefits of using PPPs to deliver transportation projects include:

• Expedited completion compared to conventional project delivery methods;

• Project cost savings;

• Improved quality and system performance from the use of innovative materials and management techniques;

• Substitution of private resources and personnel for constrained public resources; and,

• Access to new sources of private capital.

Some of the primary reasons for public agencies to enter into public-private partnerships include:

• Accelerating the implementation of high priority projects by packaging and procuring services in new ways;

• Turning to the private sector to provide specialized management capacity for large and complex programs;

• Enabling the delivery of new technology developed by private entities;

• Drawing on private sector expertise in accessing and organizing the widest range of private sector financial resources;

• Encouraging private entrepreneurial development, ownership, and operation of highways and/or related assets; and

• Allowing for the reduction in the size of the public agency and the substitution of private sector resources and personnel.

For More Information

For more information read the following:

A. Citizen’s Guide to FHWA: Office of Highway Operations

B. Citizen’s Guide to FHWA (all of FHWA)

C. Official FHWA PPP website

Jul 19, 2011

Tips for Effective Civil Disobedience

Introduction

Sometimes it may be necessary to engage in civil disobedience in order to make changes. However, civil disobedience is more than making noise and getting arrested. Civil disobedience should be effective and get results. Civil disobedience should be part of a strategy to reach a desired goal.

The following article provides tips for effective civil disobedience. I have created this list based on my observations, personal experience, and study of history.

Using other Methods Prior to Civil Disobedience

I wish to emphasize up front that other means for change should always be attempted prior to civil disobedience. The first methods are related to communicating with your representative: calling your representatives, lobbying your representatives, speaking out at public hearings, and asking questions of representatives at town hall meetings. If necessary you can campaign to replace the representative with one who understands your issue.

The second set of methods prior to civil disobedience are related to making your issue heard, including: peaceful rallies in front of government buildings, media campaigns, and public education.

These methods should always be tried prior to civil disobedience. However, if these methods seem to fail for your particular issue, then civil disobedience may be necessary to get the point across.

Civil Disobedience Overview

The point of civil disobedience is to do something bold enough to convince the person with power to make the changes that you desire. Along the way, civil disobedience will educate the public on your issue, attract supporters to your cause, and give your opponent a negative reputation.

Always remember that civil disobedience is a means to a goal. Civil disobedience is not a license for unlimited behavior solely for attention or thrills. Be strategic, have a directed purpose, and you will get results.

The tips below are some of the most effective methods for using civil disobedience to create results. These tips are compiled from stories of civil disobedience throughout history - such as the Scopes Monkey Trial, protests of the 1960s, the Tea Party movement, and many other events.

List of Tips for Effective Civil Disobedience

1. Know the issue and be absolutely certain you are right

2. Be able to cite law and facts

3. Select the best office and location to target

4. Be able to offer a reasonable counter proposal

5. Do not make life more difficult for the general public

6. Be peaceful, non-violent, and non-destructive

7. If you break the law, accept the consequences peacefully

8. Get media coverage ready before you begin

9. Take your cause and civil disobedience to trial

10. If you plan on doing a lawsuit, have a lawyer ready

11. Do a class action lawsuit

Each of these tips will be expanded on briefly below

1. Know the issue and be absolutely certain you are right

Before diving into civil disobedience it is essential that you are certain that you are fighting for a worthy cause. Every issue has at least two sides, often more. The situation is often complex with many factors to consider. You must understand all aspects of the issue in great detail before you begin. You must be certain that your position is the correct one, and you must be able to support your position with facts.

2. Be able to cite law and facts

It is not enough to shout your opinion. Anyone can shout an opinion, but the people watching the debate don’t know which opinion is correct. Therefore you must be able to state facts. Depending on the issue you may need to cite laws, scientific analysis, or independent studies.

You must also be able to back up your facts with a reliable source. It is not enough to say “the law states” or “scientists say”. You need to cite the section of law, or cite the organization which performed the study. If you have copies of key documents to show the people then that is more effective.

The best technique is to create handouts. These will be a page or two of relevant laws or data, always with the source of that information under each section. The public watching the events can then take the information home, study the information, and check your facts. With that information they are more likely to support your cause.

3. Select the best office and location to target

Where should the act of civil disobedience take place? Select the location carefully. Make sure that the location is the office or business responsible for the problem. Then make sure that the director can actually do something about the situation. It does no good to protest at a location where the office is not responsible for the problem or where the director has no authority to make changes.

If the offense occurs at several locations then it is most effective to choose the location where the offense is most severe. At which location is freedom most restricted? Which location causes the greatest harm to the community? Select those locations first because the public will see most clearly that your complaint is reasonable.

4. Be able to offer a reasonable counter proposal

Anyone can complain about a problem. What is your solution? The representative or director made a decision based on the complexities of the situation. If you don’t like it then you need to offer up a realistic solution to this complex problem.

For example, the Massey Energy company has been polluting sections of West Virginia from coal mining operations. The company has been cited in 60,000 violations of environmental law and has caused several deaths. The people of the community have offered two reasonable counter-proposals. The first proposal is to fix the operating procedures so that the company is no longer in violation. In other words, the company can still produce coal, just in a manner which is in accordance with existing environmental law. The second proposal is for the company to build wind turbines on the hills instead of digging for coal. In other words, the company would continue to be an energy company and continue to make profit, just change the energy source from coal to wind. Both solutions are reasonable and meet the needs of all parties.

Be sure you have reasonable counter-proposals. Don’t just complain, offer a realistic solution.

5. Do not make life more difficult for the general public

One of the biggest mistakes protesters make is causing trouble for the general public. This turns public opinion against the protesters, and with the media attention you can be sure that the group will be despised for many years.

In Berkeley the protesters blocked many of the students who wanted to learn from going to class. In Ohio the protesters set fire to the ROTC building and cut the water lines used by the fire department. In the 1980s protesters commonly blocked traffic in major cities. Actions such as these are a nuisance to the general public, and the public is always displeased. Instead of getting positive attention for the cause, the protesters get negative attention on themselves. Decades later, many people who were blocked by the protesters still complain about the trouble those protesters caused. Don’t let that negative reputation happen to your group and your cause.

When planning an act of civil disobedience make sure that you are only affecting the office which is responsible for your issue. Do not prevent the public from doing their normal activities, particularly in the areas of earning a living, traveling, safety, and basic necessities.

6. Be peaceful, non-violent, and non-destructive

When actually engaged in the act of civil disobedience the most important tip to remember is to be peaceful.

Be peaceful, be non-violent, and do not be destructive. Yes, you can shout your opinion and you can express your emotions. However, try not to be hostile. Never get physical. Never cause damage to property.

The worst thing you can do is to become violent and destructive. That image will be shown on the television repeatedly. It will become your group’s image, and that image will cause you to lose public support. Furthermore, the representatives will not want to meet with you. In fact, they are more likely than ever to support the other side.

In contrast, by resisting violence, by always being peaceful, you show an inner strength. This is very powerful. The public will see you as honest and righteous. That is the image you want.

7. If you break the law, accept the consequences peacefully

Sometimes acts of civil disobedience can actually mean breaking the current law. Remember that you want attention on the issue, not on your arrest. If you break the law then you must accept the consequences. You must do so peacefully and agreeably.

Remember that the righteousness of your cause does not excuse you from the law. Furthermore, if you want to be seen as righteous, and your cause seen as an important cause, then you must accept the consequences for your actions.

When the police ask you to leave you can leave at that time. You will have gotten some media attention yet not be arrested and will not have a criminal record. However, if you remain and the police arrest you, then you must go peacefully. The public will not approve if you are violent in addition to breaking the law. Furthermore, you must accept the consequences: jail time, fines, or whatever punishments they impose. Accept the punishment gracefully.

Also understand that you will have a criminal record for the rest of your life, and you may be denied future opportunities. Be proud of what you have done, continue to explain your reasons to those who ask, and accept your limited opportunities in the future. Otherwise, don’t engage in civil disobedience.

Note that you may be breaking the law to highlight the law, in order to change the law. Until that law is changed you must accept the consequences of your behavior. Do so peacefully and gracefully.

8. Get media coverage ready before you begin

If a tree falls in a forest and nobody hears it, did it make a sound? And if a man engages in civil disobedience and nobody heard about it, then did it make any impact? This is why media attention is essential.

Acts of civil disobedience are useless without proper media attention. Therefore it is essential to get as much media coverage as possible before you begin. Start with hand held video cameras and You-Tube. These videos can be spread quickly and easily. Then call the local community newspapers, especially if your issue affects the community. Then start calling local television and radio stations. Over time your group will get greater media attention and your cause will become more well known.

9. Take your cause and civil disobedience to trial

Sometimes it is effective to take your cause and act of civil disobedience to trial. The media always loves a trial so you will be sure to get public attention. Your cause will be talked about in the media for weeks, perhaps months.

Your lawyer will articulate some of the same arguments you have been making, which further promotes your cause. The lawyer will talk about the issue during both the trial and in interviews. It is also possible that you may win your case. This means you will have made actual results.

However, trials are very expensive so get your financing before you begin. Also there is no guarantee you will win your trial, even if your position is right. Going to trial is always a major risk.

Several versions of lawsuits are possible. The most common lawsuits related to civil disobedience are:

The government prosecutes you for breaking a law which you believe should be changed or eliminated.
You sue a government agency for a regulation that prohibits freedom.
You sue a government agency for not enforcing laws and regulations which the agency is mandated by the legislature to enforce.
You sue a government agency for imposing excessive fines and punishments.
You sue a government agency for interpreting a regulation in such a way as to unfairly limit your freedom.
You sue a business for damage to the environment or health.

10. If you plan on doing a lawsuit, have a lawyer ready

If you are going to make a lawsuit part of your strategy then you should obtain a lawyer and develop the outline of a case before you do any act of civil disobedience.

One of the great myths of civil disobedience is that a single man acts on his own, then suddenly a fleet of lawyers appear to defend him. Not likely. What usually happens is that the legal team exists first, and they are ready to strike when the person commits his act. It is also common for the legal team to direct the actors in the civil disobedience, suggesting specific acts and procedures to take so that the team has the best possible case.

Therefore if you are planning on taking your civil disobedience to trial, first get a legal team, then create an outline of your case, before doing your act of civil disobedience.

11. Do a class action lawsuit or suit with multiple violations

Violating one person’s rights may be seen as an isolated incident. Violating the rights of two or three people may be seen as a temporary lapse in judgment. Violating the rights of 10 or more people - that establishes a pattern.

In order to win a case against a large entity such as a government agency or a major corporation, you need to have a class action lawsuit. The better class action lawsuits will have four things:

As many people as possible
From as many regions as possible
From as diverse socio-economic background as possible, and
With the clearest evidence possible.

The more you have of these criteria the stronger your case will be.

If you are planning on a class action lawsuit then you can create acts of civil disobedience which involve all these criteria.

Get numerous people willing to undertake this mission. Try to enlist people from different regions so the events are not just concentrated in one area. Choose locations and specific actions which will bring about the clearest evidence for the future case. Coordinate the timing of the events so they appear to be home grown and natural to the general public, yet all occur within a few weeks. Putting all this together will allow several acts of civil disobedience directed at the same purpose within a short time and with clear evidence. From these activities the legal team can create a class action lawsuit.

It is possible to create a class action lawsuit from previous violations, based on people who have been harmed in earlier years. However, it is more difficult to locate the individuals and to compile the events into a coherent case.

Remember that a class action lawsuit will be very expensive and time consuming. However, your cause will get major media attention, and you are more likely to make actual changes if the jury rules in your favor.

Conclusion

Civil disobedience is a means to a goal. Prior to engaging in civil disobedience you should always try to achieve the goal in other ways. However, if after exhausting all other options you believe that civil disobedience is absolutely necessary, then you must be smart. You must be strategic, not haphazard.

Personal note and disclaimer

Personally, I would never engage in civil disobedience. This is not my style and I have no desire to break any laws.

However, being politically active I have watched civil disobedience frequently and I have studied such events quite often. I have also talked with people who have engaged in civil disobedience. I have talked with people who were in the middle of the events.

This article is written for those political activists who have expressed concern that the government is no longer responsive to the people, and that acts of civil disobedience may be our only option. To them I say: If you are determined to do acts of civil disobedience then be as effective as possible. Do more than make noise: be strategic and create results.

Mark Fennell

July 2011

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