Subsidiarity and Katrina: Professor Bainbridge's Take

Amy Welborn posts Professor Bainbridge's analysis of Subsidiarity in the context of Katrina for Mirror of Justice.

The Professor observes the crucial role the CST principle plays in safeguarding communities from Leviathan. He also notes that subsidiarity does call for the intervention of higher order organizations, like the Federal government, when communities become overwhelmed. In fact, he illustrates four conditions in which leviathan better swim in and help:

At the same time, however, subsidiarity also teaches that higher authority properly intervenes when 4 conditions are met:

* The first, the ‘sufficiency criterion,’ states that smaller institutions or individuals alone will not be able to solve the problem. Help is required from a larger body.
* The second, the ‘benefit criterion,’ states that intervention by a higher authority should bring greater benefit than the smaller institutions alone could have achieved.
* The third, the ‘close to the citizen criterion,’ states that action should be taken in close cooperation with locally affected individuals.
* The fourth, the ‘autonomy criterion,’ dictates that the intervention of a higher power must secure greater freedom for individuals.

Disaster relief pretty clearly satisfies all 4 conditions for national governmental action in my view. Local communities have responsibilities, but quickly can be overwhelmed. The greater resources of the national government likely can do things the local and state authorities cannot. The national government can and should closely work with local, state, and private parties. What more basic freedom is there than the necessities of survival?

That's why arguments by some that blame the entire debacle of the Katrina relief operation in NO on the local and state authorities sounds hollow. Every level of government that intervened failed miserably. That includes the Federal government. That includes the president as well.

How many recaps to people require? Juxtapose Mayor Nagin's profound tirade on talk radio, demanding every greyhound bus go to New Orleans, with that wonderful photo of 200+ unused buses. Examine Governor Blanco's woefully inadequate management of the Louisiana National Guard and her refusal to allow Superdome survivors access to services from the Red Cross and the Salvation Army, among many of her screw-ups. Then, consider FEMA's keystone cop-ish management of contracted resources like ice and water, where deliver trucks travel to Dallas and Charleston, SC under FEMA executives' orders. Watch Secretary of State Chertoff deny that thousands suffer in the NO convention center, when Cable News networks have broadcasted their plight for days. Listen to every conceivable PR miscue FEMA director Brown, the ex-Arabian horse-breeder's association chief, commit at every turn. Finally, look at the leadership demonstrated by President Bush. He congratulates the man that He then orders off the rescue effort today! He allows Governor Blanco to play out her power struggle while people die, rather than politically manuever her out of play. His visit to the region makes him appear hopelessly out of touch. He has yet to address the nation and mobilize the support of the entire citizenship in addressing the needs of the Gulf States.

All of the leaders failed to apply Subsidiarity. There's enough blame to go around. Is there enough insight to prevent a future disaster relief operation from becoming a politicized public debacle? Will we fix the problem and not the blame? We had better; the problem actually begins with us. As Rick Moran of Right Wing Nuthouse eloquently states it:

This has been a clusterf**k from the get go on all levels and with a few unbelievably heroic exceptions – mostly the LA Fish and Wildlife employees who were out in boats rescuing people almost before the storm passed and our selfless military who performed with their usual spectacular competence and courage. I am convinced that any Commission or Congressional investigation – if even slightly impartial – will find enough stupidity, incompetence, panic, blame shifting, lying, and bureaucratic ass covering to sate the appetite for name calling and blame assigning of even the most partisan among us.

This was a failure of leadership and competence. But it was also a failure of will. And for that, you need look no farther than the mirror in your bathroom, dearest readers. We elected this crew. We elected the Congresses over the past 25 years – Democratic and Republican – that failed to do the things necessary to make New Orleans safer.

Elections have consequences. Consider that fact the next time you pull the curtain in the booth to cast your vote. If nothing else, the aftermath of this tragedy reminds us of that, then perhaps something worthwhile will have been learned.

We receive the leadership we ask for. Let's ask for better next time. Meanwhile, let's pray that these failed leaders truly learn from their horrendous performance. American lives depend on it.