Developing Strong Government Relations 122nd International Moose Convention Nashville Municipal Auditorium Nashville, Tennessee Tuesday, July 6, 2010 T. Michael Leuer General Counsel Good Morning. The issue that brings me to the podium this morning is how do we develop a strong government relations program. As usual, there are two answers, the simple answer and the more complex answer. The simple answer is passion and perseverance. Passion and perseverance. Let me share with you an example of the simple answer. There was a wise man who used to go to the ocean to do his writing. He had a habit of walking on the beach before he began his work. One day as he was walking along the shore, he looked a ways down the beach and saw a human figure moving like a dancer. He smiled to himself at the thought of someone who had danced to the day, and so he walked faster to catch up. As he got closer, he noticed that the figure was that of a young girl, and that she was not dancing at all. The young girl was reaching down to the sand, picking up small objects and throwing them into the ocean. He came closer still and called out, “Good Morning, may I ask what you are doing?” The young girl looked up and replied, “throwing starfish into the ocean.” “I must ask, why are you throwing starfish into the ocean?” asked the somewhat startled wise man. To this, the young girl replied, “the sun is up and the tide is going out, if I do not throw them back in, they will die.” Upon hearing this, the wise man commented “but young lady, do you not realize there are miles and miles of beach and there are starfish along every mile, you can’t possibly make a difference!” At this, the young girl bent down, picked up another starfish and threw it into the ocean. As it met the water she said, “I made a difference to that one.” Passion and Perseverance. I know I am “preaching to the choir” today, or as our Moose International Director of Security aptly referred to you as the “water carriers”. We need to recruit members to our Lodges’ Government Relations Committee who have a passion and will persevere working with government officials on the issues of importance to our fraternity. What a pleasure and treat to be spending the Fourth of July, Independence Day, in Nashville, Tennessee. I understand that Nashville’s fireworks display over the Cumberland River is one of the top ten Independence Day Celebrations in the country. Let me take an interesting detour on why we come to celebrate Independence Day. This detour will furnish some background and insight on the more complex answer of how we develop a strong government relations program. “Taxation without representation” was the battle cry of the thirteen little colonies in America that were forced to pay taxes to the King of England without representation in Parliament. The First Continental Congress met in 1774 to coordinate relations between England and the thirteen self‐governing colonies. The pleas of the First Continental Congress for some type of representation were ignored by England, and the British Army came to Boston as a show of force. In 1775, the colonies formed the Second Continental Congress, who then authorized a continental army. In 1776, the Second Continental Congress, who had been declared traitors by the English Parliament, formally declared their independence as one new nation, the United Stated of America, claiming their own sovereignty and rejecting any allegiances to the British monarchy. The legal separation of the American colonies from England occurred on July 2nd, when the Second Continental Congress voted in a closed session to approve a resolution of independence that had been proposed in June by Richard Henry Lee of Virginia. Also in June in Philadelphia, a committee was working with the express purpose of drafting a document that would explain their decision to sever ties with England. The Committee of Five, Thomas Jefferson, Benjamin Franklin, John Adams, Roger Sherman, and Robert Livingston, drafted the Declaration of Independence. The Second Continental Congress debated and revised the Declaration, and the final version was officially adopted on July 4, 1776. A day earlier, John Adams had written to his wife Abigail the following: “The second day of July, 1776 will be the most memorable epoch in the history of America. I am apt to believe that it will be celebrated by succeeding generations as the great anniversary festival. It ought to be commemorated as a day of deliverance, by solemn acts of devotion to God Almighty. It ought to solemnized with pomp and parade, with shows, games, sports, guns, balls, bonfires, and illuminations, from one end of this continent to the other, from this time forward forever more.” Adams prediction was off by two days. From the outset, Americans celebrated on July 4th, the date shown on the much‐publicized Declaration of Independence, rather than on July 2nd, the date the resolution of independence was approved in closed session of Congress. We have all learned in our classrooms, the grade schools, high schools and universities across this country, the lessons that courageous men and women taught England two hundred thirty five years ago at Lexington Green and beyond. They were determined to take a stand and fight against the proposition that the English government could tax the colonies with giving them representation in the Parliament. Soon thereafter, a Constitutional Convention was convened in Philadelphia to draft a constitution for the newly formed United States of America. The goal was to create a government with enough power to act on a national level, but without so much power that fundamental rights would be at risk. The Convention sought to accomplish this by separating the power of the government into three branches, and then included checks and balances on those powers to assure that no one branch gained supremacy. With the details and the language decided, the document needed to be ratified by nine of the thirteen colonies, now states. The process allowed for much debate in the states. During the debates, two factions emerged; the Federalists, who supported adoption of the Constitution, and the Anti‐Federalists who opposed adoption of the Constitution. The principal point of contention between the two factions was a perceived failure to list basic civil rights in the constitution. The solution was known as the Massachusetts Compromise, in which four states ratified the constitution, but at the same time sent recommendations for amendments. James Madison introduced twelve amendments to the first Congress. Ten of these amendments became what we now call the Bill of Rights. The citizens demanded a guarantee and listing of their basic freedoms. The First Amendment, perhaps the best known of these basic civil rights and freedoms, reads; “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.” This is one of the most important amendments, if not the most important, to our fraternity. It is the foundation on which we are built. In the words of the U.S. Supreme Court, “this Court has recognized that because the Bill of Rights and the First Amendment is designed to secure individual liberty, it must afford the formation and preservation of certain kinds of highly personal relationships, a substantial measure of sanctuary from unjustified interference by the State. These highly personal relationships are distinguished by such attributes as relative smallness, a high degree of selectivity to begin and maintain the affiliation, and seclusion from others in critical aspects of the relationship. As a general matter, only relationships with these sorts of qualities are likely to reflect the considerations that have led to an understanding of freedom of association as an intrinsic element of personal liberty. Conversely, an association lacking these qualities, such as a large business enterprise, seems remote from these concerns giving rise to this constitutional protection.” The courageous men and women of the Revolutionary War secured our freedom of association. The US Supreme Court has acknowledged and upheld this First Amendment right. How are we going to ensure this important right and the many other rights our fraternity now enjoys will survive our fraternity’s two hundredth birthday? Today, we can appreciate that we, the Loyal Order of Moose, are protected by and enjoy the freedoms granted by the First Amendment: we can assemble as a private association; we can choose the individuals with whom we want to include in our fraternity; we can share ideas and common beliefs; and we can govern ourselves without interference from the Federal, State and Provincial Governments. Tomorrow, we, the members and lodges of the Loyal Order of Moose, must go out and preserve and protect these freedoms. It is the Government Relations Committee that will be our eyes and ears, to see and hear, and understand and fight the inevitable assaults on our freedoms and rights. The purpose of the Government Relations Committee is to inform, educate and partner with government to influence the decisions that impact us. Playing a role in the decision making process of government is key to our fraternity’s ability to achieve its mission and to effect change. Section 35.5 of the General Laws states that at the first regular meeting after being installed, the Governor shall appoint a Chairman of the Government Relations Committee. The General Laws also requires that this committee is a functioning committee.