Policy Laundering
Encyclopedia
The term policy laundering is used to describe means to disguise the origin of political decisions, laws or international treaties. The term is based on the similar money laundering
.
Examples that could be considered as "policy laundering" are the WTO Treaties, WIPO, the Anti-Counterfeiting Trade Agreement (ACTA)
, or the failed Treaty establishing a Constitution for Europe
.
Yet another use of policy laundering is to implement legal policy which a subset of legislators desire but would normally not be able to obtain approval through regular means.
An example of policy laundering where law was enacted and enforced despite both state and federal courts declaring the law unconstitutional is the Missouri v. Holland
case. At that time, Congress attempted to protect migratory birds
by statutory law. However, both state and federal courts declared that law unconstitutional
. Not to be denied, authorized parties subsequently negotiated and ratified a treaty with Canada to achieve the same purpose. Once the treaty was in place, Congress then passed the Migratory Bird Treaty Act of 1918
to enforce the treaty. In Missouri v. Holland, the United States Supreme Court
upheld that the new law was constitutional in order to support the treaty.
It has been suggested that policy laundering has become common political practice in areas related to terrorism and the erosion of civil liberties. In the air-travel industry, an example of policy laundering might be the requirement for passengers to show photographic identification. This was presented as addressing security concerns, but from the airline's perspective the measure had the important effect of ending unauthorised resale by passengers of unused tickets .
Money laundering
Money laundering is the process of disguising illegal sources of money so that it looks like it came from legal sources. The methods by which money may be laundered are varied and can range in sophistication. Many regulatory and governmental authorities quote estimates each year for the amount...
.
Hiding responsibility for a policy or decision
One common method for policy laundering is the use of international treaties which are formulated in secrecy. Afterwards it is not possible to find out who opted for which part of the treaty. Each Person can claim that it was not them who demanded a certain paragraph but that they had to agree to the overall "compromise".Examples that could be considered as "policy laundering" are the WTO Treaties, WIPO, the Anti-Counterfeiting Trade Agreement (ACTA)
Anti-Counterfeiting Trade Agreement
The Anti-Counterfeiting Trade Agreement is a proposed plurilateral agreement for the purpose of establishing international standards on intellectual property rights enforcement...
, or the failed Treaty establishing a Constitution for Europe
Treaty establishing a Constitution for Europe
The Treaty establishing a Constitution for Europe , , was an unratified international treaty intended to create a consolidated constitution for the European Union...
.
Hiding the real objective of a policy
Another use of the phrase is to describe a policy which has a different underlying objective to that claimed. The usual reason for politicians following this approach is that hidden/real objective is unpopular with the public. The usual process is to conflate the issue being addressed with an unrelated matter of great public concern. The intervention pursued is presented as addressing an issue of great public concern rather than the underlying objective.Yet another use of policy laundering is to implement legal policy which a subset of legislators desire but would normally not be able to obtain approval through regular means.
An example of policy laundering where law was enacted and enforced despite both state and federal courts declaring the law unconstitutional is the Missouri v. Holland
Missouri v. Holland
Missouri v. Holland, 252 U.S. 416 , the United States Supreme Court held that protection of its quasi-sovereign right to regulate the taking of game is a sufficient jurisdictional basis, apart from any pecuniary interest, for a bill by a State to enjoin enforcement of federal regulations over the...
case. At that time, Congress attempted to protect migratory birds
Bird migration
Bird migration is the regular seasonal journey undertaken by many species of birds. Bird movements include those made in response to changes in food availability, habitat or weather. Sometimes, journeys are not termed "true migration" because they are irregular or in only one direction...
by statutory law. However, both state and federal courts declared that law unconstitutional
Constitutionality
Constitutionality is the condition of acting in accordance with an applicable constitution. Acts that are not in accordance with the rules laid down in the constitution are deemed to be ultra vires.-See also:*ultra vires*Company law*Constitutional law...
. Not to be denied, authorized parties subsequently negotiated and ratified a treaty with Canada to achieve the same purpose. Once the treaty was in place, Congress then passed the Migratory Bird Treaty Act of 1918
Migratory Bird Treaty Act of 1918
The Migratory Bird Treaty Act of 1918 , codified at , is a United States federal law, at first enacted in 1916 in order to implement the convention for the protection of migratory birds between the United States and Great Britain...
to enforce the treaty. In Missouri v. Holland, the United States Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
upheld that the new law was constitutional in order to support the treaty.
It has been suggested that policy laundering has become common political practice in areas related to terrorism and the erosion of civil liberties. In the air-travel industry, an example of policy laundering might be the requirement for passengers to show photographic identification. This was presented as addressing security concerns, but from the airline's perspective the measure had the important effect of ending unauthorised resale by passengers of unused tickets .