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2019 Wis. L. Rev. Forward 101 (2019)

handle is hein.journals/wlron2019 and id is 1 raw text is: CLOSER TO THE PEOPLE IS BETTER: A RESPONSE TO PROFESSOR MIRIAM SEIFTER'S ARTICLE FURTHER FROM THE PEOPLE DANIEL R. SUHR* INTRODUCTION University of Wisconsin Law Professor Miriam Seifter believes state agencies are, on the whole, less transparent than their federal counterparts, less closely followed by watchdog groups, and less tracked by the shrinking state-level media.' This adds up to her conclusion that [s]tate bureaucracy does not operate in a fishbowl,2 which combined with its tremendous and growing power makes it a largely unguarded giant.3 I believe there are serious counterexamples to her claims. In fact, my experience after six years working in senior roles in a governor's office convinces me that state-level administrations, though not perfect, vindicate the framers' vision that the states do a lion's share of governance affecting people's day-to-day lives. In her article, Seifter sets out what she considers the administrative ideal: [A] working state-level system of civil society oversight has three main components: (1) state agencies that are visible and accessible; (2) a civil society with the capacity to monitor state agencies; and (3) a media 'megaphone' for amplifying findings.' She also includes one comparison of oversight within government, as between Congress and state legislatures. My review of each of these four components shows a public accountability for state administration that is more robust, thorough, and meaningful than Seifter's article posits. Throughout these sections, I will draw on examples from Wisconsin, our shared home state. I do not argue that Wisconsin is perfect, or even that it is representative of most states in these matters. Rather, it will serve usefully to illustrate the weaknesses in her empirical claims. Consequently, these illustrations undermine Seifter's * B.A., J.D., LL.M., M.P.A. This article does not claim to represent the views of any of Suhr's current or former employers. 1. Miriam Seifter, Further from the People? The Puzzle of State Administration, 93 N.Y.U. L. REv. 107, 110 (2018). 2. Id. 3. Id. at 128. 4. Id. at 109. 5. Id. at 128. 6. See id. at 144-45.