Calvert Hall College High School

Baltimore, Maryland

Teacher: George Kropp
 

 

Sunset Legislation: Friend or Foe?

By: Ryan Cordell

11th Grade

 

Today’s world, and current American society is one of constant change in education, warfare, technology, ethics, morals, values, and many other areas.  Some of the slower processes have a hard time of keeping up with this ever changing world, especially legislation and governmental agencies. One hot topic in current legislations is the issue of sunset legislation. Sunset legislation is a type of restrictor clause that allows a law, agency, act, or any other governmental vessel to be terminated on a certain date after it has been passed or formed.  Ideally, this would allow one of these slower processes to be able to stay up to date and therefore more easily applied to modern life.  There is also an issue of renewal of these laws or acts. As one can see this is a very complex problem that does not seem to be easily solved.

 

Jefferson was the first person to come up with the concept of sunset legislation. Ideally, the man saw a vision of a society in which generations would not be [burdened with] baggage from previous generations such as a large amount of debt, defunct agencies and outdated law. This would also prevent the current generation from [transferring their] baggage to the generation after them.  As one generation would die, they would…take everything with them to their graves [even] their ethics values and morals. In essence it creates a phoenix type of society. A phoenix is a mythological bird who would catch on fire, then regenerate itself anew from its own ashes.  The old generation would be a dead phoenix, and once their time was over they would become dust. From that dust, a new generation would arise with completely new ideals, ethics, morals, and problems that it could solve without [the] burden from those before them. Unfortunately, the world is not ideal and perfect. It is a flawed creation that can pose many problems to the ideal.

 

There are many positive examples [of how] this type of legislation…has effectively been used. In many countries including the United States and Australia, sunset clauses…are used in the fight against terrorism.  [This] allows these countries to adapt to the changing tactics of terrorists. Without [Sunset] clauses. … These laws would have to be repealed then a new law would have to be drawn up [or the old one] revised…. Sunset [clauses] allow…legislation to be easily reviewed and revised every so often….

 

There are also many ways in which this type of legislative restrictor has been misused and abused.  One of the most notable cases was in the term of John Adams as president. He enacted Alien and Sedition Acts which basically granted him the right to kick anyone he wanted out of the country. Obviously this violated some of the basic rights outlined in the constitution. In order to protect his party though, he placed a sunset clause on the acts so that when his term was over the acts would be terminated, and his opposition could not use it against him or his political party.

 

Another example of a failure of Sunset legislation is the Assault Weapons Ban. The Assault Weapons Ban was meant to prevent the general public from purchasing semi-automatic assault weapons. This seems like a good law to have and a Sunset provision was placed on it so that it could be revised if necessary. The only problem was that when the time for renewal came around, there were different issues that had arisen which set this ban on the back burner. Therefore it was not renewed, and the people in charge received a lot of criticism.

 

It is my personal opinion that sunset clauses should be used, but in a more refined way. … This type of legislation is at the heart of the American government’s system of checks and balances. …As the world changes, legislation needs to adapt with it….

 

Answers To Required Reading Questions

 

Q1- What was the average life span in Jefferson’s age according to his letter?

 

The average life span was 55 years according to Jefferson.

 

Q2- Do some research and find out the size of the national debt you are about to inherit as taxpayers.  Don’t forget the benefits promised in your name to the older generations under the guise of Social Security and Medicare.

 

8,871,438,158,917 dollars and an enormous 85 cents is the national debt.

 

Q3-What do you think of Jefferson’s assertion that “…no generation can contract debts greater than may be paid during the course of it's own existence.”

 

This statement is basically the philosophy of stewardship applied to debt. I believe that the generations now should make the debt manageable for those after them without forfeiting any things that would leave the United States vulnerable in any facet of the nation.

 

Is it feasible to undue the social contracts in your children or grandchildren’s life times? Would you want to even if you could? Why or why not.

 

This question does not even seem relevant because with the state that social security is in now, there might not even be a choice on whether the citizens can maintain it. There are too many withdrawals for what is being deposited and is bound to fail without some changes.
 

Q4- Do you agree, as Jefferson maintained, that “[debt] between society and society, or generation and generation, there is no municipal obligation, no umpire but the law of nature. We seem not to have perceived that, by the law of nature, one generation is to another as one independent nation to another.”

 

I disagree with this because when one generation dies off, there is always some influence on the generation that succeeds it.  The next generation rebels, takes the same stance, or slightly varies it. Also, whole generations do not die at once. At any one time there can be multiple generations in power in different parts of governments. There is no possible way for there to be a clean and unbiased break between generations.


Q5- In view of Jefferson’s words that follow, why do you think a sunset provision on generational debt wasn’t included in the U.S. Constitution?
 

“But with respect to future debts, would it not be wise and just for that nation to declare, in the constitution they are forming, that neither the legislature, nor the nation itself, can validly contract more debt than they may pay within their own age, or within the term of 19. years? And that all future contracts will be deemed void as to what shall remain unpaid at the end of 19. years from their date? This would put the lenders, and the borrowers also, on their guard.”

 

I believe that sunset provisions on generational debts were not included in the Constitution because the founding fathers were visionaries that could foresee what types of instances might occur and what type of predicaments this could place the nation in. There was no guarantee that the nation would need to go into debt at some time that would take forever to pay off, so since this document was meant to be all encompassing they decided to play it safe.

 

Q6- What do you say to Jefferson’s assertion that “a law of limited duration is much more manageable than one which needs a repeal.” ?

 

I agree with that statement because this allows the law to be custom molded for each generation and the changes in society that come with new technological advancements and new ideals. 

 

Q7- “We have already given in example one effectual check to the Dog of war by transferring the power of letting him loose from the Executive to the Legislative body, from those who are to spend to those who are to pay.”

 

This means that power should be placed in the people’s hands more than the president’s because in the end they are the ones who have more riding on this in the form of their money.

 

Q8- In light of the excerpt from his letter above, what do you think Thomas Jefferson would make of our nation’s recent history of fighting undeclared wars?

 

Jefferson would not like it, because the president is in a way finding a loophole in order to expand his powers which leaves the say of the people out of the decision.

 

Q9- Name ten of the twenty-six states that have enacted sunset legislation.

 Alaska, Arkansas, California, Delaware, Hawaii, Indiana, Kentucky, Maryland, Ohio, Texas

 

Q10- What state abolished all state government? What do you think the voters got for their trouble?

 

West Virginia abolished all state government, but was eventually vetoed by their governor.  The voters received horrible representation.

 

Q11- What good do attempts at enacting Sunset legislation achieve even when the laws are not enacted?

 

Persistence is the key. When these types of legislation are not enacted, it allows these things to be refined and brought back again which will eventually lead to stronger government. It also can make lawmakers think about what type of consequences a law may have in the future and cause them to prepare accordingly.

 

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