Representation in State Legislatures by Malcolm Edwin Jewell

Author:Malcolm Edwin Jewell [Jewell, Malcolm Edwin]
Language: eng
Format: epub
Tags: Legislative Branch, Democracy, Public Affairs & Administration, Political Ideologies, Political Science, American Government, State
ISBN: 9780813147765
Google: UKEeBgAAQBAJ
Goodreads: 24505664
Publisher: University Press of Kentucky
Published: 2014-07-11T13:19:45+00:00

Legislator as Trustee. The trustee has been defined as one who follows his own judgment, based on his own knowledge and principles. In what sense, or under what conditions is the legislator who follows his own judgment representing the constituents? Are there conditions under which the case can be made that a legislator who follows his own judgment is not representing constituents? Using Pitkin’s definition of representation, we would have to say that a legislator who follows his own judgment is representing constituents if he acts in their interests and either follows their wishes or explains why he has not done so. This line of reasoning would suggest that the legislator who follows his own judgment without regard to, or obviously contrary to, the interests of his constituents cannot be regarded as effectively representing them. We should keep in mind our conclusions about the focus of representation: a legislator may define his constituency more narrowly or more broadly than the geographical district.

Within this framework, under what conditions does a trustee represent constituents? The most important condition must be that the legislator is familiar with and sensitive to the needs and interests of the district. This means that the legislator must know the district well, understand its problems, and keep in touch with what is happening. The role of the trustee does not suggest an ivory tower theoretician or a legislator who never visits the district. Understanding the district and its problems requires information, not merely intuition. When the legislator makes a legislative judgment that takes into account the needs and interests of the district, whether or not the judgment is correct, this decision fits the definition of representation. Many legislators who say that they rely on their own judgment emphasize that they make continuing efforts to stay in touch with the district; most legislators believe they understand the needs and problems of their districts and can judge the attitudes of constituents on basic issues. Many legislators, including trustees, believe their views are typical of those that dominate the constituency. In fact some of the legislators who are most vocal in asserting that they rely on their own judgment are equally insistent that a majority of constituents share their basic political values. The impression one gets from talking to those legislators who might be classified as trustees is that most of them meet these conditions of representation; they make judgments informed by a high level of familiarity with the district and its needs and with the interests and viewpoints of their constituents.

A second condition for trustee representation pertains to those issues that have no effect on the district at all. Many issues, some important and a great many parochial or trivial, have no effect on the district or its significant constituent groups. On these the legislator may follow his judgment or rely on the advice of lobbyists, executive agencies, or other legislators. His responsibility to the constituency is a simple one: to consider whether the issue might have some effect on the district—a task that is usually routine and automatic.

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