Nevada's In A Doom Loop
The Perplexity of A Broken Cycle
I’ve been thinking about the vicious cycle that is Nevada’s system of law, passing laws, governance, and politics. The “chicken or the egg” thought crosses my mind on the regular…and I don’t know where our jumping off point is vs where we’re landing…but I sort it all out in the following article. Bear with me, hear me out, and let’s chat about it after.
Segments of the Cycle
Voting:
As many as 70% of Nevada voters vote straight ticket Republican or Democrat, and in doing so sometimes elect bad politicians. Even worse, they sometimes reelect career politicians even when they’ve done a terrible job. Many voters have been conditioned to be pawns in a system built to control them and sadly lack the courage to change it. Unwillingness to research and be voter-aware are at an all time high when voting itself is the easiest and most accessible it’s ever been.
Legislature:
Many of Nevada’s elected legislators don’t have the courage to get important items done in the Legislature, instead choosing to placate to their corporate donors and satisfy special interest groups.
Separation of Powers violations run rampant and closed-door meetings of committees in the dead of night happen with no repercussions. There’s more of an emphasis, and often incentive, to create bill drafts that add policy instead of removing antiquated and ineffective ones.
Do you think the Nevada legislature will ever move to reduce the power of government, even when it’s in the best interest of millions of people? Ask Senators Pickard, Settelmeyer, and Hansen how that worked out in the 2021 session. Spoiler alert…not a hearing or discussion, not even a sniff.
Executive Orders:
Our Governors rule by Executive Order to get their way, which completely subjugates the checks and balances of our system. This approach is the closest form of tyranny we have dressed up as “progress”. Our last Governor used Executive Power to destroy millions of businesses and keep kids locked out of schools and not a damned thing has been done about it (besides not being re-elected of course…so I suppose there’s that).
Our current legislature COULD pass a bill to limit these powers but attempts to do so in 2021 never even made it through committee (see section above). Meaning, they don’t give two shits about reducing the power of the government.
“Concentrated political power is the most dangerous thing on earth.”
-Rudolph Rummel
The Courts:
So, real change and progress gets left to the courts and lawyers. Problem is our courts are already overworked and understaffed and there’s not a lot of attorneys willing to fight the good fight. Worst of all, there’s an unfettered laziness to actually follow and interpret our state’s constitution as written.
District Court judges are often bought and sold and have agendas, as much as they try to hide it. Remember, they are elected too. Many cases require case law or other precedents and can often favor the government over the wronged. Qualified immunity would like a word please.
What Are We Left With?
So where are we left to get change, justice, or progress in our political system? How do we break the cycle and end this negative doom loop? If the voter is unwilling to change, the legislator unwilling to do their job, the executive branch unwilling to give up power, and the courts unwilling to protect the people from intrusive and abusive government…the cycle will never be broken.
It is up to us to change. To elect better representatives. To work towards campaign finance reform. To adhere to separation of powers. To hold each other accountable and be more engaged & knowledgeable voters. We’re all in this together and the only way out, is as one.
Where Are We Going?
What’s The Big Deal With Executive Orders
Our current Governor Lombardo days ago signed Executive Orders, which by the way are nothing more than a dog and pony show, that “puts a freeze on new state regulations” in Nevada until May 1st. As a libertarian I LOVE hearing the term “no new regulations”, but this isn’t what you think it is. Let’s break this down:
It was done through executive order which is tyrannical
No new major regulations would have been created prior to the 2023 Legislative session anyway
Guess what’s NOT subject to this executive order?
Regulations that affect public health;
Regulations that affect public safety and security;
Regulations that are necessary in the pursuit of federal funds and certifications.
Regulations that affect the application of powers, functions and duties essential to the operation of the executive branch agency, department, board or commission at issue;
Regulations that affect pending judicial deadlines; and
Regulations necessary to comply with federal law.
So like, 80% of all the MOST egregious “regulations” currently in our state won’t fall under this Executive Order.
Flippity Floppity
Governor Lombardo once said, regarding our previous Governor, “Steve Sisolak is addicted to executive orders both to protect his power and score political points. I simply do not believe executive orders are meant to be permanent or should be used as a campaign tactic.” And yet here we are merely weeks into his governance and he’s slewing out Executive Orders. Shocker, I know…
For all of you who might say, “but Brandon, if our Legislature won’t get it done, we NEED Executive Orders”. I’d say it really depends on what it is…but the answer is NEVER tyranny. It amazes me how many conservatives and progressives are totally cool with their brand of authoritarianism…as long as it pushes their agenda.
Let’s Get Positive About Reciprocity
Lombardo’s other Executive Order, 2023-004 actually does have some teeth.
This EO will effectively open up reciprocity of occupational licensing as early as this summer, making it easier for highly qualified and licensed professionals to move to Nevada for available positions. We are in a MAJOR nursing shortage in our state, and this might actually help that.
I’m not saying it’s the right way to do it. I think our legislature can get it done in this 2023 session should they have the courage…but that’s yet to be determined.
FWIW, I have been vocal about the need for Nevada to join the Nurse Licensure Compact:
Aaaaand the Loop Continues
Speaking of our Legislature. Remember how I said most of our progress and change happens through courts? Well, our Supreme Court, after recently handing down what might be the most important ruling in Nevada’s history (that no one knows about…yet), will finally weigh in on a case this year regarding separation of powers.
I’ve already written about this, how important it is, and what it means. However, recent questions have been raised about alternate examples of blatant disregard for this doctrine. Former Republican Senator James Settelmeyer was appointment as director of the Department of Conservation and National Resources and former Democratic Assemblywoman Teresa Benitez-Thompson was appointed as chief of staff for the attorney general.
Quoting the Nevada Independent here, “The Nevada state Constitution prohibits state lawmakers from taking certain civil jobs — including jobs created while they remain in office and those that were subject to a pay raise approved by lawmakers. That prohibition lasts up to one year after they leave office.”
So, in essence, at some point in 2023 we could POSSIBLY see the Nevada Supreme Court finally settle this argument, doing the legislature’s job for them, uprooting more than 1/6 of our state officials, dramatically changing who sits in our government agencies, and all in the name of (much needed) accountability and transparency.
Or they won’t, because government isn’t accountable or transparent at all. Just as District Court Judge Peterson blubbered recently in her dismissal that sent the case up to the high court, many people discussing this matter say [insert alternate interpretation of said constitution because of my agenda here].
Only time will tell what will be decided. Make no mistake though, regardless of any decision, Nevada voters will continue voting for candidates who create conflicts of interest, lie to them, take millions in contributions from shady orgs, and disregard our constitution. Yay for loops!
Good stuff. Politics in Nevada makes Chicago politicians blush.