Mark Twain once characterized Congress as the only “distinctly native American criminal class“.  While an exercise in hyperbole, it’s undeniable Congress has repeatedly displayed incredible arrogance for those people it purports to represent; quietly bestowing exorbitant perks and other benefits on its members and conscientiously exempting itself and its members from many socially progressive, not to mention costly and burdensome, laws it has mandated for the American public.

While the true measure of such skullduggery will probably never see the light of day … it’s well to remember until just a few years ago, members of Congress were not required to contribute to the Social Security program.  They had their own, private retirement system.  But, since its beneficiaries are the same crowd who presided over the growth of our $4 trillion deficit, you don’t suppose as their “shared sacrifice” they’ll reduce those lucrative Congressional pension benefits.  Naw!

Over the past several decades, Congress enacted the Fair Housing Act, Minimum Wage Act, National Labor Relations Act, Fair Labor Standards Act, Occupational Safety and Health (OSHA) Act, Equal Pay Act, Age Discrimination in Employment Act, Freedom of Information Act, Privacy Act, Civil Rights Act and other landmark legislation protecting the rights of senior citizens, women, various minorities and guarantees for an open government.  While most of us is required to comply fully with these voluminous regulations, where violations usually carry stiff civil or criminal penalties, our lawmakers expressly exempted themselves from the many provisions of these far-reaching mandates.

Our representatives also found it in the public’s {their} interest to excuse themselves from jury duty due to their business in Washington.  Meanwhile, the average American honors his/her solemn obligation to participate in the jury system, a cornerstone of any free society’s protections of individual liberties.

As recently as earlier this month, provisions of the Family and Medical Leave Bill were compromised.  While Congress did not exempt itself from its provisions … unlike you and me, its members cannot be hauled into court and prosecuted for violations of the Act.

When confronted, the congressional party-line has been twofold.  First they cite the separation-of-powers, a fear obligating them to obey the laws they pass would subordinate the Legislative to the Executive and Judiciary branches … a weak argument, at best.  Then they’ll trot out numerous House and Senate policies purporting to provide “guidelines” similar to the laws from which they have exempted themselves,  They don’t tell you their provisions tend to be watered down, lack real teeth and are absent a full appeal process.

The message rings loud and clear, not only does Congress make the laws … it routinely sets itself above the laws it passes!  The pervasiveness of this attitude was summed up by former Senator Warren Rudman, when he acknowledged, “… we {members of Congress} are not exactly like everybody else.” 

However, there is hope for ending this arrogance.  The Congressional Accountability Act, if enacted, will require Congress and its members to abide by all the laws it passes for the public at large.

To their credit, all of New Hampshire’s congressional delegation (Senators Bob Smith and Judd Gregg and Representatives Dick Swett and Bill Zeliff) have all indicated their support for this long overdue action.  In fact, each has pledged to voluntarily abide by the intent of the proposed legislation and see their congressional offices do likewise. 

Public cynicism of our political system, in general, and Congress, in particular, will never diminish until our elected representatives accept accountability for their actions and live by the same laws they require of the rest of the country.