September 7, 2018

"A REPUBLIC, IF YOU CAN KEEP IT":

In Defense of NYT's Anonymous: Government "Stewardship" as a Guard Against Threats to Democratic Order (Daniel J. Rosenthal, September 7, 2018, Just Security)

[t]here is a giant exception to the general rule of rote compliance by the federal bureaucracy to the policy choices of the political leadership. That exception grows out of these agents' responsibility as stewards of their offices. The concept of stewardship by civil servants has traditionally referred to an officeholder's responsibility to take action that advances the public rather than personal interests.

But good stewards not only faithfully do what they are told, they also protect the institutions themselves. They are bestowed with a power and duty to "take care" of something; in other words, to prevent it from breaking down or failing entirely. Under that conception of stewardship, in the most extreme cases, these individuals can and must also refuse to advance attempts to sabotage the very ability of our system to function. Civil servants should think of their responsibility of stewardship as akin to guardians of our system.  They should give the political leadership the space to make policy choices - even drastic ones with which many in the bureaucracy may fundamentally disagree. That's the natural and proper outcome of elections.  But these guardians of our system should remain vigilant against efforts to change the very foundations of our democracy - changes, particularly when made outside of public view, that undermine the ability of the democratic process to function. In the face of such moments, it is their task to hold their ground, throw roadblocks, or take any other lawful action to interfere with the implementation of such anti-democratic changes.

Posted by at September 7, 2018 7:06 PM

  

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