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Passing a law is not the same as solving a problem

3 minutes ago
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Live from Saipan By Zaldy Dandan
Live from Saipan By Zaldy Dandan

Saipan—It was reported last month that the Commonwealth of the Northern Mariana Islands Youth Congress would be left with two members because the other six were graduating from high school. Youth senators are elected by students at their respective schools.

 

According to the law that created the Youth Congress, its primary goal is to “provide a system which allows the youth to prepare to meet the challenges of the future and to make recommendations to the policy makers on youth programs.”


The Youth Congress, moreover, “shall serve as training for the Commonwealth's future leaders.”


The program doesn’t cost much—about $25,000 in fiscal 2026—and youth senators are generally among the islands’ brightest students with a keen sense of public service. Which is why I believe their talents and energy should not be focused entirely on the same legislative matters the CNMI legislature addresses. (Youth Congress bills, when passed, are forwarded to the governor and the presiding officers of the legislature for disposition.)

 

Introducing and passing laws is one thing. Funding and implementing them is another—and far more important. Youth leaders should know the difference. They don't have to be actual CNMI legislators to know what happens to measures enacted into law.


Take, for example, Public Law 6-37, the anti-littering statute passed in 1989 and “improved” in 2016 with the enactment of P.L. 19-53. Youth senators should find out if the law is being enforced. (Spoiler alert: Not really.) If not, why not? They can ask the heads of the eight—eight!—agencies tasked to go after litterers.


Youth senators may want to examine other laws that have languished unenforced or whose implementation has produced unexpected consequences. I can’t think of any other activity that could teach aspiring leaders as much about the lawmaking process and how futile it can be.


Many laws create programs that require funding. Youth senators should be aware of where that funding comes from. They must learn about the single most important piece of legislation the legislature passes each year: the government budget. How are the budget figures determined? Who makes those determinations? Where does the government get its revenue? What’s the link between the state of the local economy and the government’s budget?


Every government benefit has a cost. Money spent by the government has to come from somewhere, such as taxes, fees, borrowing, federal transfers or money that could have been spent elsewhere. There is no such thing as a free government program.


Youth leaders should be aware that incentives, not intentions, determine outcomes. Every policy should be judged by what it actually does, not by what it was meant to accomplish. Good intentions do not guarantee good results.


Youth senators should also realize that government doesn’t have any special knowledge. It is composed of the same fallible people as the rest of us. The difference is that they have the power to enforce compliance, a power that can, and usually does, get abused.


But no matter how powerful government may be, it cannot repeal scarcity. Legislatures can pass laws promising housing, healthcare, education, infrastructure or economic development, but legislation does not create unlimited resources, workers, capital or expertise.


Let’s say it again. Passing a law is not the same as solving a problem. A legislature can create a mandate with the stroke of a pen. It cannot guarantee compliance, funding, competent administration, or the intended outcome.

 

Enforcement has limits. Every law ultimately depends on people and institutions to enforce it. If enforcement is expensive, impractical or politically unpopular, a law can exist on paper while accomplishing little in practice.


Likewise, government rules often have unintended consequences. A policy intended to protect consumers might raise prices or create shortages. A licensing requirement intended to ensure quality might keep competitors out. A labor mandate intended to help workers might make employers hire fewer workers.


Sometimes the best policy is to do less.


Restraint is itself a policy choice. Humility is essential in policymaking.


Perhaps the most important lesson for young leaders is that government officials should be skeptical of their ability to engineer society. Good leaders recognize the limits of their knowledge and authority.


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The most important question a legislator can ask is not “What law can we pass?” but “What problem are we trying to solve; what will this policy cost; what incentives will it create; and what might go wrong?”

Come to think of it, CNMI legislators and other elected officials should be asked to join the youth senators in learning these lessons of governance.


There is a pressing need to demystify legislation and government—the real emperor with no clothes.


Zaldy Dandan is the editor of the CNMI’s oldest—and only remaining—newspaper, Marianas Variety. His fourth book, “If He Isn’t Insane Then He Should Be: Stories & Poems from Saipan,” is available on amazon.com/.




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