Abstract:
This very short case, less than a page, is the story of a young Massachusetts state senator who is faced with a dilemma about how to vote on then-Governor Frank Sargent's veto of a bill restoring capital punishment. Senator McGrail is against capital punishment, but after casting his vote that way on the bill and voting once to sustain the veto, he was inundated with criticism from his constituents. He now has to face another vote on the veto. He decides to take an unscientific poll. Nearly 70 percent of respondents favor restoration of capital punishment. The question, of course, is what should he do?
Learning Objective:
The case most explicitly raises the delegate versus trustee approaches to legislative representation. But included here are also issues about how legislatures work and the range of considerations which could be taken into account in making this decision. The case has been used to focus on the following questions: Why run for office? What are the differences between elected and appointed office? What are the ethical responsibilities of legislators?
