Monthly Archives: October 2017

Amateur Government

Voters seem to love it when candidates for public office proclaim “I’m not a politician.”

I always wonder if those voters take their car repairs to businesses proclaiming “We’re not mechanics!” or get their cavities filled by “dentists” who never went to dental school. Probably not; evidently, however, there is a widespread belief that anyone can “do” governing.

Hey, America! How’s that working out?

Michelle Goldberg, the new New York Times columnist, considers the consequences  of electing a profoundly and proudly incompetent President.

A little more than eight months ago, the United States inaugurated one of its worst people as president, a nasty showbiz huckster whose own staffers speak of him as if he were a malevolent toddler. Yet the country has held up pretty well, considering.

Yes, there were emboldened Nazis marching in the streets, and crucial intelligence on the Islamic State casually passed to the Russians. Striving young immigrants who’d been protected by the Deferred Action for Childhood Arrivals program have seen their lives upended and trans people have been barred from enlisting in the military. Yet most of the institutions of American governance continued to function.

Then came hurricane season, and the stunning devastation of Maria. After detailing multiple administration failures in the wake of that disaster, Goldberg makes the obvious point:

For months now, observers have been noting that all the crises in the Trump White House have been self-generated, but that eventually the president would be tested by external events. Now a test has come, and he has performed about as badly as his worst critics could have feared. Hurricane season isn’t even over, and more catastrophes are surely on the way.

Maria should be a lesson: We need a working executive branch.

Our need for competent governance–or at the very least, elected officials with some idea of what government is and how it is supposed to operate–was also highlighted in a recent post by Robert Reich, in which he asserts that America really doesn’t have a President. Sure, Trump has the title,

But he’s not actively governing the United States. That work is happening elsewhere – in Congress, the courts, the Fed, the career civil service, lobbyists, and in the states. Or it’s not happening at all.

It’s not just that Trump lost the epic battle to repeal and replace the Affordable Care Act. Trump never understood the Affordable Care Act to begin with, and played no part in developing Republican alternatives….

Meanwhile, Trump has run out of Obama executive orders he can declare void. Major regulations, such as the EPA’s Clean Power Plan, can’t just be repealed. They have to go through a legal process that could take years.

Trump doesn’t seem to be aware of this. He told a cheering crowd in Alabama recently that he had ended the Clean Power Plan by executive order. “Did you see what I did to that? Boom, gone.”…

Trump’s Cabinet secretaries don’t seem to have a clue. Education Secretary Betsy DeVos still wants to spend taxpayer money on for-profit schools and colleges that cheat their students. Won’t happen. The EPA’s Scott Pruitt is trying to strip the agency of scientists. Another brainless scheme.

Treasury Secretary Steve Mnuchin still has no idea how to deal with Congress. He tried to persuade Republican House members to support Trump’s budget deal with the Democrats by asking them to do it “for me.”…

By the start of September, more than a third of the leadership positions at the Federal Emergency Management Agency were still vacant. Not a good way to begin hurricane season. Puerto Rico, anyone?

As of mid-September, out of 599 key government positions that require Senate confirmation, Trump had made only 159 nominations, according to The Washington Post. Trump had yet to submit nominations for 320 positions.

Both Goldberg and Reich include much more detail on the cluster**** that is today’s Executive Branch.

It is really past time for Americans to grow up and accept that we live in a complex modern society that requires a functioning government, staffed with people who understand their jobs and have the specialized skills and technical knowledge that today’s public sector administration requires.

America isn’t amateur hour, and it definitely isn’t Reality TV.

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Indefensible

Although the United States and Europe have made impressive strides, both culturally and legally, in the battle against homophobia, that progress has by no means been global in scope.

Homosexuality is illegal in over 70 countries, and in 13 of them, the penalty is death.

Very few of the issues that come before the United Nations are straightforward, but on September 29th, members voted on a Resolution that should have been a “slam dunk” for the U.S. The motion called upon countries in which capital punishment remains legal  to take steps to ensure that the death penalty is not imposed “arbitrarily or in a discriminatory manner” or for forms of conduct such as apostasy, blasphemy, adultery and consensual homosexual relations.

As numerous outlets, including Newsweek, reported,

The United States was one of 13 nations, including some of the most repressive nations on Earth, to oppose a United Nations motion condemning the death penalty for those in same-sex relationships, blasphemers and adulterers.

Incredible as it seems, the United States voted in Geneva against that United Nations motion.  We were joined by Botswana, Burundi, Egypt, Ethiopia, Bangladesh, China, India, Iraq, Japan, Qatar, Saudi Arabia and United Arab Emirates in voting  no. That’s the company we are evidently now keeping.

The measure passed anyway, with 27 votes, but that doesn’t make our vote any more palatable, or any less of a betrayal.

Rights activists have condemned the Trump administration and its U.N. ambassador, Nikki Haley, for refusing to back the measure, with the Human Rights Campaign slamming the decision as “beyond disgraceful.”

“Ambassador Haley has failed the LGBTQ community by not standing up against the barbaric use of the death penalty to punish individuals in same-sex relationships,” said Ty Cobb, director of HRC Global in a statement.

Susan Rice, ambassador to the U.N. under Barack Obama, said “shame on US!” in reaction to the vote.

“I was proud to lead U.S. efforts at UN to protect LGBTQ people, back in the day when America stood for human rights for all,” she tweeted.

The State Department denied animus toward the LGBTQ community, and defended the vote on the grounds of “broader concerns”– i.e., the resolution’s condemnation of the death penalty. (It called for countries which have yet to abolish the death penalty to “consider” doing so.) In the past, the U.S. has abstained from voting on condemnations of capital punishment, and we could easily have joined the seven nations that abstained from this particular vote. But we didn’t.

Abstention is one thing. A “no” vote is another. The U.S. has never previously voted against such resolutions.

Despite State Department insistence that the vote did not signal a change in U.S. support for the rights of LGBTQ persons,

The U.N. vote comes a week after the Trump administration argued in court that federal anti-discrimination law does not protect gay people from being fired by their employers because of their sexuality.

Nineteen states in the U.S. and two-thirds of the countries in the world have abolished the death penalty. In retaining capital punishment, we join countries like Uganda, Afghanistan, Pakistan and other nations not exactly known for their enlightened view of human rights. We not only retain the death penalty, we use it. A lot. The U.S. executes more people than most other nations; according to Amnesty International,  of the 10 nations in the world that account for the highest number of executions, we rank seventh.

That enthusiasm for the death penalty, while incomprehensible to me, might have justified an abstention from the vote. It does not justify voting against the resolution. Claims that the vote isn’t a signal that the Trump administration is trying to roll back progress on gay rights ring hollow.

Not that an assault on yet another group despised by White Straight Conservative Christian Males should surprise us….

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Guns–A Meditation

Once again, Americans are talking about guns in the wake of an unspeakable tragedy. There is little I can add to the outpouring of conflicting opinions, but after digesting a fair number of them, and for what it may be worth, I will share my perspective.

Bear with me.

  • There are 300 million guns in this country. We aren’t going to get rid of them–couldn’t if we tried. Furthermore, the vast majority of gun owners are responsible people–hunters, sportsmen, people hoping to protect their homes. It’s true that a significant number of the 30,000 plus gun deaths in America each year involve those responsible owners: suicides, domestic abuse, children accidentally shooting themselves or others. These deaths are tragic, but I’d draw an analogy to highway deaths–we don’t ban or confiscate cars because they can be lethal.
  • If we continue with the car analogy, however, there are lessons to be learned. We don’t let just anyone drive; in order to get a license you must pass a test. Your license can be revoked if you repeatedly break the rules. Academics study traffic deaths and issue recommendations for making our roadways safer–and legislatures, by and large, take those recommendations seriously. With guns, Congress has prohibited government from funding research on gun violence, and state lawmakers are constantly attacking and rolling back even the most reasonable firearm regulations. Congress even refused to pass a measure that would have prohibited individuals on the no-fly list–people with demonstrable connections to ISIS–from owning guns.
  • The history and interpretation of the Second Amendment has been twisted beyond recognition. If self-proclaimed “originalists” are really interested in the original meaning of the Amendment (I have my doubts), they might find this explanation by former Supreme Court Justice John Paul Stevens edifying.
  • Stevens entire explanation should be read for a full understanding of the history of the Second Amendment and Supreme Court cases interpreting it, but a couple of paragraphs are illuminating.

For more than 200 years following the adoption of that amendment, federal judges uniformly understood that the right protected by that text was limited in two ways: First, it applied only to keeping and bearing arms for military purposes, and second, while it limited the power of the federal government, it did not impose any limit whatsoever on the power of states or local governments to regulate the ownership or use of firearms. Thus, in United States v. Miller, decided in 1939, the court unanimously held that Congress could prohibit the possession of a sawed-off shotgun because that sort of weapon had no reasonable relation to the preservation or efficiency of a “well regulated Militia.”…During the years when Warren Burger was chief justice, from 1969 to 1986, no judge or justice expressed any doubt about the limited coverage of the amendment, and I cannot recall any judge suggesting that the amendment might place any limit on state authority to do anything….

Thus, Congress’s failure to enact laws that would expand the use of background checks and limit the availability of automatic weapons cannot be justified by reference to the Second Amendment or to anything that the Supreme Court has said about that amendment. What the members of the five-justice majority said in those opinions is nevertheless profoundly important, because it curtails the government’s power to regulate the use of handguns that contribute to the roughly 88 firearm-related deaths that occur every day.

  • I am not and never have been a gun owner, so I will not attempt to respond to the gun lobby’s impassioned defense of an unrestricted and unregulated right to own any and all kinds of firearms. I will leave that defense to Trae Crowder, who is both more eloquent and more informed about “gun culture” than I am.
  • What I do know is that a mother should be able to take her daughter to a concert without worrying that one of them won’t live to make it home. I do know that a husband has a right to take his wife to a concert without having her die in his arms. I do know that constant, widespread anxiety about safety feeds social tensions and paranoia, and exacerbates the tribalism that is tearing this country apart.

Gun owners, please listen: Obama wasn’t going to “take” your guns. Hillary wasn’t, either. No one is suggesting the confiscation of 300 million firearms, or a law forbidding further gun sales. Funding research on gun violence, keeping guns out of the hands of people with a history of violence or mental illness, or people on the no-fly list, is not an infringement of anyone’s Second Amendment rights.

Requiring drivers’ licenses wasn’t a “slippery slope” toward the confiscation of cars, and restrictions on AK-47 ownership won’t lead to Armageddon.

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Purging the Voter Rolls

According to The Hill,

Indiana has purged nearly a half-million registered voters from its rolls since Election Day.

The purge is part of a massive effort to update the state’s voter rolls after years of improper maintenance and neglect, Indiana Secretary of State Connie Lawson said. Since the November elections, 481,235 registered voters have been taken off the list.

“When I became secretary of state, I discovered voter list maintenance was not being done statewide and many outdated voter registrations were still on the rolls,” Lawson said in a statement.

Lawson is undoubtedly correct that Indiana’s voter rolls were out of date, a situation not unique to Indiana. Giving states the responsibility of maintaining their own voter rolls is one of the many idiosyncrasies of America’s election “systems,” and it doesn’t work very well. (I put systems in quotes, because the way in which we conduct elections is anything but systematic. Or uniform.)

Other countries–not that we would ever admit that other nations may have things to teach us–have established national, nonpartisan agencies to administer elections. The virtues of such an approach are rather obvious, especially in a country where voters freely move from state to state. A national system makes record keeping uniform, ensures that polling places adhere to the same rules and stay open during the same hours (Indiana’s polls close at 6:00 pm, while citizens in most other states are still casting ballots at 8:00), and it minimizes the opportunity for local partisan mischief.

Perhaps political hostility to that last “virtue” is why we still have local control…

Secretary of State Lawson initiated her purge by sending postcards to every registered voter in Indiana. If postcards were returned as undeliverable, Lawson’s office would send a second, forwardable postcard.

People who failed to update their voter records after receiving the second card were marked as inactive on the state’s list of registered voters. And those who didn’t cast ballots in 2014, 2015 or 2016 were purged from the rolls after the November election.

That sounds simple enough, but of course, nothing in American democracy is simple. As Huffpost reported a month or so ago,

In April, Indiana Gov. Eric Holcomb (R) signed legislation authorizing election officials to remove voters from the rolls if they were found to be registered in more than one place. According to the legislation, one of the ways officials can identify people who are registered in more than one place is by using Interstate Crosscheck, a system developed by Kansas Secretary of State Kris Kobach (R) that 27 states use to compare voter information.

It isn’t illegal to be registered in more than one state. But if Crosscheck flags a voter as being registered in another state, the Indiana legislation authorizes local election officials to remove them from the rolls if they can verify that person is indeed registered in their jurisdiction.

A lawsuit filed Wednesday by Brennan Center for Justice on behalf of the Indiana chapters of the NAACP and League of Women Voters accuses that process of violating the 1993 National Voter Registration Act. The federal law requires election officials to provide notice to a voter they are at risk of being removed and then permits the officials to remove them from the voting rolls if they don’t respond over a period of time. In their complaint, lawyers called the Indiana law a “flagrant” violation of NVRA.

Research has shown that purging based on Crosscheck causes the cancellation of 200 legitimate registrations for every registration that could be used to cast a double vote. Researchers at MIT have found a 13.6 percent chance that any random voter could be matched to another voter with the same name and birth month and year.

Florida and Oregon have both discontinued use of the program, citing its unreliability. (Florida evidently did so after the program purged Governor Rick Scott. Schadenfreude, anyone?)

If you are an Indiana voter, and you want to be sure you are still eligible to vote, use this link.

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Media, Left and Right

Well, I see that the Republican Governors’ Association has decided to enter the “fake news” sweepstakes. According to reports,

The Republican Governors Association has quietly launched an online publication that looks like a media outlet and is branded as such on social media. The Free Telegraph blares headlines about the virtues of GOP governors, while framing Democrats negatively. It asks readers to sign up for breaking news alerts. It launched in the summer bearing no acknowledgement that it was a product of an official party committee whose sole purpose is to get more Republicans elected.

The website was registered July 7 through Domains By Proxy, a company that allows the originators of a website to shield their identities. […] As of early Monday afternoon, The Free Telegraph’s Twitter account and Facebook page still had no obvious identifiers tying the site to RGA. The site described itself on Twitter as “bringing you the political news that matters outside of Washington.” The Facebook account labeled The Free Telegraph a “Media/News Company.”

Evidently, after the Associated Press made inquiries, the site added a very small, grey box at the bottom of the page, disclosing its origins.

The “mastermind” behind this effort is Wisconsin Governor Scott Walker; he may have been inspired (if that’s the word) by Mike Pence’s ill-fated attempt to establish a state-owned Indiana “news bureau”(aka propaganda site).  Dubbed by critics “Pravda on the Prairie,” it was embarrassingly obvious and ignominiously withdrawn. Walker is evidently better at stealth.

The problem is, this sort of disinformation campaign works–especially with people who want to believe, who want both their own opinions and their own “facts.” As an article in the American Prospect put it,

As we learn more about how Russia used social media as part of its campaign to help elect Donald Trump, what stands out is how easy it was. Spend $100,000 on Facebook ads, create a bunch of Twitter bots, and before you know it you’ve whipped up a fog of disinformation that gives Trump just the boost he needs to get over the finish line. Even if it’s almost impossible to quantify how many votes it might have swayed, it was one of the many factors contributing to the atmosphere of chaos and confusion that helped Trump get elected.

As new as it might seem, this is just the latest manifestation of a broader problem that goes back a long way, one of the degradation of truth, a conservative electorate taught to disbelieve what’s real and accept whatever lunatic things their media figures tell them, and liberals who can’t figure out how to respond.

As the author points out, a liberal version of these mechanisms won’t work. The effect that right-wing media has on its audiences is of a “profoundly different character than what conservative media achieve.”

There’s a doctrinal basis to conservative media that makes it fundamentally different from liberal media, that makes Rush Limbaugh most definitely not the mirror image of a liberal radio host and Sean Hannity not the mirror image of Rachel Maddow. It’s not merely about the conservatives’ and liberals’ respective adherence to truth or penchant for ugly demonization of their opponents, though they differ in that too. It’s that an argument about the larger media world is the foundation of conservative media. Conservative hosts and writers tell their audiences over and over again that nothing they read in the mainstream media can be accepted, that it’s all twisted by a liberal agenda, and therefore they can only believe what conservatives tell them. It’s the driving backbeat to every episode, every story, and every rant.

Liberals complain about media coverage of one story or another all the time. What they don’t do is tell their audiences that any news source that is not explicitly and exclusively devoted to their ideological agenda cannot be trusted. But conservatives do.

The bottom line is that very few of the people who fall within the liberal camp are “good soldiers” in the same way that the Fox News audience is. Liberals still occupy a pretty big tent, and even when they agree on a broad premise–healthcare is a right, for example–they differ significantly on the policies to achieve their goals. As recent research has conclusively shown, conservative and liberal minds work differently.

Which leaves us at the mercy of propaganda. When some people are saying, in effect, “lie to me to reassure me that my tribe is right”–what do we do?

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