How an Attorney General Enforces the Law

Harry Beck was a telephone linesman and a member of the Communication Workers of America Union. If he wanted to be a linesman he really had little choice about membership. If you want to be a linesman, you are compelled to pay union dues. Beck, however, was displeased that part of his dues were used for union political activities   -   contributions to candidates and lobbying for legislation.

With the support of the National Right to Work Foundation, Beck sued his union and the suit ultimately wound its way to the US Supreme Court. In 1988, that court ruled that Beck's First Amendment right to free association precluded the Communications Workers of America from, in effect, compelling Beck to support political activities. Workers who are compelled to pay union dues, the court said, are free to withhold that portion of the dues devoted to political activity.

Belatedly in 1992, George H. Bush issued executive order 12800. The order required federal contractors to post in a conspicuous place worker rights under the Beck decision. When Bill Clinton became president, he wasted little time. In February 1993, Clinton paid back union support and withdrew the executive order. The decision in Beck versus Communication Workers of America is the law of the land, but Clinton was in no frame of mind to enthusiastically pursue enforcement. Free association rights for union workers were not a priority for the Clinton administration.

The focus here is not on the wisdom or folly of the Beck decision. Rather, it is to place in context the derisive question conjured up by Democrats as to whether John Ashcroft will enforce the law as US attorney general. Of course, he will enforce the law, but the question is ill-posed and not particularly illuminating. Then again, the purpose of the question was not to shed light but rather to paint a picture of darkness.

Attorneys general, like all prosecutors save independent counsels, have finite time and funding. They must, therefore, set priorities in the application of those resources. This is a good thing. Who would enjoy a society overseen by prosecutors with unlimited resources rigorously enforcing laws without the necessity to exercise judgment.

Reasonable people can disagree as to the best apportionment of resources for pursuing violent or white-collar crime. However, the selection of these priorities is a reflection of the values and standards of an administration. How much effort is devoted to enforcement of environmental regulations, organized crime, or anti-trust laws is a measure of where an administration believes the nation's problems lie.

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