Wednesday, September 2, 2009

Troy King--Conservative?

Recently, some have inquired as to what these posts have to do with whether or not Troy King is a "conservative." They have also noted that whether I like Troy King is irrelevant--he is still a conservative. The one point upon which I agree is that whether I like Troy King is irrelevant to this blog. I don't know Troy King, so it's hard for me to know what I would think of him as an individual. That is not my purpose, nor is it my intent. My intent is to evaluate his professional service to the state of Alabama and consider that record. Today, I will spell out some specific traits which I think define an individual as a "conservative," why one should accept these characteristics as valid, and how Troy King has violated each of these pillars.

5 PILLARS OF CONSERVATISM:

(1) Belief in Fiscal Responsibility and Limitation (FA Hayek, Edmund Burke, John C. Calhoun, etc.)--You can find academic writing on limited spending from each of these classical conservative authors, and many more which I elected not to include in the interest of space. Early conservatives argued that a large government gives government officials a lot of money, and thus, a whole lot of power. By limiting spending, the government has far less money to funnel to their special interests. John C. Calhouh, one of the first 'Southern conservatives' wrote entire academic works focusing on the dangers of a system where funds were disbursed to reward political interests.

Troy King has violated this tenet repeatedly. First, as I have written during the past week, he has given capricious raises to members of his staff. He has promoted his staff based not on merit, but on political loyalty instead (again, look to Chris Bence, who is paid as a paralegal without doing paralegal work or having paralegal training). Second, AG King has awarded what are effectively no-bid contracts to private law firms to do work on behalf of the state of Alabama. This includes the firm of liberal trial lawyers led by Jere Beasley (ironically, who is heading Artur Davis' campaign). Once these firms get their share of the winnings, this will add into the millions. I'd say that's a fair bit of public power rewarded to a special interest, and not a conservative one.

(2) Acceptance of an objective morality which influences behavior (Edmund Burke (again), Richard Weaver, etc...)-- Conservatives traditionally accept an objective moral code which influences their public behavior. "Alabama" conservatives are, as some would say, generally "men and women of God," who believe in the tenets of the Christian faith and use that faith to guide the repsonsibility of their actions.

However, I would argue that a basic standard of both public and religious morality is abstinence from corrupt activities. Corruption was a major point which led to the foundation of the Protestant churches some centuries ago, and they now dot hundreds of communities across Alabama. Troy King has also repeatedly violated this tenet. He has accepted gifts from Alabama Power, a company he regulates, without reporting this information to the taxpayers. He asked for three seperate favors from a 2-year college chancellor he was also investigating, thus being forced to remove himself from the case. Finally, Troy King affirmed an archaic opinion that allowed county sheriffs to pocket additional money for feeding prisoners. The result was a scandal where sheriffs were pocketing hundreds of thousands of dollars for their personal use, which garnered national headlines. Perhaps it is just a coincidence that his political ally, the sheriff of Mobile County, was facing charges in a related matter at the same time, but I'm skeptical. I am not questioning Troy King's faith--that is a matter for him personally. However, I do question whether his activities reflect anything higher than sheer political maneuvering. I can find little evidence of that.

(3) Belief in a free, open, and fair market (FA Hayek, Milton Friedman, etc.)-- Economic conservatives have long believed in the market as the proper organ of economic growth, and it functions best when it is free and fair. The AG's office plays an essential role in this process by producing clarifying opinions for municipalities and organizations seeking to grow.

While I cannot confirm Troy King's opinions on a free and open market, he hasn't been the best at establishing a fair market. Back in 2005, Etowah County leaders were confused when the AG's office, over the course of several weeks, released contradictory opinions on water issues in the area without conducting any fact-finding in the case, simply issuing opinions on the facts provided without attempting to determine the veracity of any particular facts. These sorts of conflicts, and the inability for the AG's office to provide coherent counsel, is both a violation of a conservative principle and the fundamental functioning of the office.

(4) Belief in fairness related to gambling-- This issue is a uniquely Alabama issue, since gambling issues do not produce the conflict in many states which they produce in Alabama. Obviously, like most Alabama politicians, Troy King has claimed to be "anti-gaming" and simply following the law of the state, not being an "activist" like other politicians. However, let's evaluate that argument on two levels.

First, I would argue that Troy King is being an activist by NOT nipping gambling in the bud. King argues that he is bound by the law. However, Jeff Sessions and Bill Pryor ALSO believed in a strict interpretation of the law as AG, and they came out against the gaming interests. I remember when Bill Pryor was nominated as a federal judge--Chuck Schumer and other liberals were pressing him on being TOO originalist, not that he was an activist. Thus, I find it hard to believe that Troy King is somehow a truer conservative than two of our most conservative leaders. Additionally, this is reinforced by the fact that Alabama courts, dominated heavily by conservative Republicans, have traditionally refused, as the Birmingham News noted, to grant exceptions similar to those granted by the AG.

However, this is about more than whether Troy King is for or against gambling. This is also about his conduct. Whether an AG rules for or against gambling, his opinion should be completely objective. Troy King went to Ronnie Gilley's party in the wiregrass, he was a guest of honor, and he then turned around 6 weeks later and issued an opnion in Gilley's favor. By the letter of the law, this may not be illegal. However, it is certainly a very visible sign of impropriety.

(5) A belief in the validity of local authorities (James Madison, Thomas Jefferson, Richard Weaver, Robert Nisbet)-- The Founders of the American republic were firm believers in local control and authority. They believed that laws should differ, from state to state and municipality to municipality, to reflect the particular needs and interests of these areas. When it came to enforcement, it should be local, governed by the people of these particular areas. The Founders feared that consolidation of power would lead to some of the situations we have in Washington, where lawmakers regularly treat the public's tax dollars as their own personal option and impose particular social norms on parts of the country which object to these ideas.

At a smaller level, Troy King is violating this in Alabama. He is stripping local District Attorneys, who have been duly elected by the people of Alabama to represent their interests, of their power. He is also doing this for political purposes, not in the interests of justice. When we look back at the DAs who protested Troy King's seizure of a case from Shelby County DA Robby Owens in 2007. First, Shelby County has one of the most (if not the most) conservative voting record in Alabama, and they have regularly elected Owens to represent their interests. Second, all but one or two Alabama DAs joined in the protest. Although admittedly there may be some liberal DAs in Alabama, there are also a fair number of conservative DAs in Alabama, as well. Conservatives and liberals, alike, united around the DA of one of the most conservative counties in Alabama in this instance. It's hard to argue, at that point, that Troy King was somehow seizing a case from a "liberal activist" DA in the interests of justice. This was exactly what the papers called it--political retribution for one of his opponents within the Republican Party.

In light of these five tenets, it is clear that being a conservative is about more than the words one speaks. It is about the principles one holds, and the actions which stem from these principles. Troy King has a great history of speaking conservative words--many of his speeches, on their face, I agree with. I agree with fighting for victims and their families, promoting tradiational values, and promoting the rule of law. However, when I look at Troy King's actions, they do not reflect his principles. Instead, they reflect the traits of a skilled politician who will stop at nothing to ruin the lives of any who stand in his way and do anything to enhance his own personal standing.

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