A Sit-Down Interview with Phil Hardberger

By Barry Beer

SIDEBAR

Phil Hardberger’s experience in both the judicial and executive branches of government gives him a unique perspective on our democracy. When San Antonio Lawyer decided to do an article profiling the life of Phil Hardberger, I thought it important to also include an opinion piece. In the present social and political environment, it would be a shame not to inquire about Phil Hardberger’s thoughts on the state of our democracy. Below are some of his thoughts on electoral integrity, unifying our country, and guns. The opinions below are in his own words.

Electoral Integrity

“The ballot box is the beating heart of democracy. If you kill the ballot box, you kill democracy. There is an attack on the ballot box today that manifests itself in several states, including Texas, where bills are being passed that suppress voting and diminish the importance of the ballot box.”

“Once you get the people to the ballot box, there is the question of the sanctity of their ballots. There is a process to question whether election results are accurate or not, and that can be tested through our election law. Once the challenge has gone through the usual cycle of the law, that should be the end of the story. Attempts to again and again and again attack the vote count are not patriotic. When multiple courts rule against you, you are no longer trying to benefit democracy: you’re trying to destroy it.”

“Worldwide, we see—often in small countries with no history of democratic procedures— voting problems. The loser always claims he was cheated. Then, depending on the mood of that country, the country goes into civil war, or the loser enforces the falsehood by imprisoning people who had the temerity to count the votes correctly. In the end, there’s confusion and frequently bloodshed.”

“We learn about sore losers from grade school on. The usual cry is they were cheated in one fashion or another. We have to build a defense against that kind of attitude by educating people about the importance of our system of government and our democracy so that the public recognizes the false cry of the defeated and disregards it. Some losers cannot admit that more people simply voted for their opponent than voted for them. There was no fraud, no theft. They just got beat.”

Unifying Our Country

“Classes in history, civics, and ethics should be taught every year, like math progression. It’s pretty hard to overdo it. History of actual events shows how we’ve achieved unity in our government. It was not always easy. But we did. Consensus created the Constitution and the legal system. We need to learn our history and do likewise.”

“Teach the facts. Work for your candidate. Abide by the vote.”

“Understanding our history is extremely important. It becomes a part of our personal and national personality.”

“Russia is a perfect example of a country that has never benefitted from the democratic experience. It adopted a Constitution that is generally similar to our own. But there is no history, education, or understanding of democracy. Until quite recently, Russia was run by oligarchs or landowners. The majority of people were serfs or professional soldiers like the Cossacks. Democracy was not part of their heritage. They traded the Tzars for the Communists, then traded the Communists for a military plutocracy. Russia never really educated its people about democracy and the Constitution and what it stands for. Russia shows what happens when you claim you have a democracy but you don’t really have a democracy. Russia rules by terror: imprisoning people, poisoning opponents, sending them to Siberia, and so forth. A large portion of the Russian people would like something better than what they have, but they’re afraid to move forward, and they also have very little education. Could that happen in the United States? Yes. It’s happening some now, because we’re not giving respect to the ballot box. That respect has kept us from fighting amongst ourselves after each election. Plus, there’s the judicial process to certify results when results are challenged.”

“Ukraine is a good example of a country that has achieved a significant amount of unity to be able to withstand an onslaught from another country four times bigger than they are. Ukraine holds its own because of its people’s common purpose: defending their country. They are willing to die for their country. Their unity is their strength, even against a stronger, larger enemy.”

“Civics classes examine how our government functions to codify and enforce laws when faced with challenges. Ethical and civility classes teach children basic morality and principles of right and wrong, along with compassion and empathy for those less fortunate.”

“Education is the beginning of restoring faith in the electoral process because it shows how we came to be and how it works. We were the first true republic of the world, and we’ve remained powerful because we trust each other and have common values.”

“Education and universal service would go a long way towards making a better America. There are universal moral precepts of right and wrong that children do not know because they’re not being taught. We have drifted away from what is right and what is wrong as the influence of organized religion has declined. But we have replaced those precepts of right and wrong with selfishness as a personal and national policy. That is certainly the wrong way to go. Ethical living provides a better life in that it gives us more understanding and empathy. ‘Do unto others as you would have them do unto you’ is a pretty good start. Ethics helps us be better citizens.”

“History also shows that civility is important. There were many disagreements over the forming of our country. But respect and civility got us over those.”

“Compassion for others is part of the American experience. Children need to learn that others’ opinions are important. Tearing America down does not make us stronger. It makes us weaker.”

Mandatory Service

“Service to our country should be mandatory. This service can be military or, alternatively, through service organizations—for example, the Peace Corps, Doctors Without Borders, Habitat for Humanity, and serving rural communities or inner cities.”

“Mandatory service gives you faith in your country and earns you a piece of the action. You’ve invested yourself in a better America through the use of your time. You become a participant and not simply a critical observer. You can help make the United States a more perfect union. Nothing forges people together more than working for a common purpose. These uniting elements create a civility and inclination to listen to other people’s ideas because we’re all on the same team. When you are mountain climbing, four or more of you will typically be roped together. You help each other, and you depend on each other. That’s what the United States should be. We’re in this together. We need to help each other. It is the intelligent thing to do. To the degree we are not what we should be—then make it better. You, as well as Thomas Jefferson or Benjamin Franklin, have a duty. Fulfill it!”

“With education, we realize how valuable it is to resolve our differences by the ballot box. You don’t have to have a revolution; you just have to wait another four years. As Governor Ann Richards said after being defeated by George W. Bush, “This is not the end of the world. It is only the end of the election.” That’s why we’ve only had one revolution: over slavery. How did we get to having a war based on something that nearly everyone agreed was wrong? Because we lost sight of what is right and what is wrong. And we wouldn’t listen to each other. Thus the war came.”

“We lost the reverence for our country. We had a great Civil War, as a result of which a million Americans died. That disrespect almost ended the United States and set us back 100 years. We haven’t yet fully recovered. This disrespect still exists today. We have to be careful. There is strength in unity—but the opposite is true also. Disunion is a disaster for each of us. We need to bring back our feeling of reverence for this country and our system of government. We need to respect each other. If we do not, the consequences are too horrible to contemplate.”

“Russia is a powerful country with a huge army—but I worry far more about disunion of our country than being overcome by Russia.”

“United we cannot be beaten, but a divided America is weak and can be defeated. We have a choice—nothing is foreordained. We will make our future. We raise our arms to fight each other, or we raise them to defeat any nation that wishes us ill. Our choice is our destiny.”

Guns

“Our elected officials, led by Governor Abbott, seem to be having great difficulties in knowing what to do, in curbing killings by guns. They are unable to find any solution. Perhaps, the following simple formula, will be of assistance:

More guns = more murders. More automatic weapons = more mass murders.

If they read this formula ten times a day, they may find an answer to their dilemma. One last thought on the efficacy of prayers without meaningful action:

‘My words fly up, my thoughts remain below. Words without thoughts never to Heaven go.’ Hamlet, Act III, Scene 3, Lines 97-98”

Conclusion

“I learned when I was a pilot in the Air Force that, sooner or later, you will get your airplane in a dangerous position, such as a spin or a stall. The one thing you must do is SOMETHING. If you do nothing, the end is certain. An effort must be made, and the effort itself usually will lead to success.”

Barry H. Beer is senior partner at Law Offices Beer & King, P.C., a primarily personal injury firm. He is a former long-time adjunct professor at St. Mary’s Law School.