The Devil’s In The Details

We used to call this federalism.

I really do respect the research done by the Brookings Institution. Overall, I find their methodologies appropriate and their conclusions sound. But every once in a while, I see an “essay” that makes me wonder what the authors have been smoking. The linked article on “constitutional localism” falls into that category.

Specifically, we call for a new civic ethos or governing framework which we call Constitutional Localism, that will shift the greatest number of public decisions possible to the community level—albeit within a clear constitutional framework to protect the individual freedoms and rights won over the past 250 years.

We see the pursuit by Americans of varied lifestyles and cultural preferences as a healthy sign of American freedom and choice, not a destructive force. We need to rebuild public confidence in American democracy, not by insisting on a singular national answer to each problem, but by celebrating the ability of America’s varied communities to find solutions that work best for them. As we see it, the challenge confronting the nation is to find a way to permit this range of opinion and action to flourish while restoring a shared faith in the common democratic values and processes that define American self-government.

Where to start?

First of all–and most obvious–the framework they suggest is the legal framework we have–a significant, albeit diminishing, degree of state autonomy, constrained by the requirement that local laws not violate the Bill of Rights.

The fact that “localism” often doesn’t look very local is a function of 21st Century reality: the inter-related needs of national (and increasingly global) commerce; the ease with which citizens and criminals can cross state lines, the national nature of many threats we face–from medical epidemics to terrorist attacks to acid rain. Etc.

The challenge is to determine what sorts of rules are properly the purview of local lawmakers, and which need to be national in scope. Americans have engaged in arguments about this since the Articles of Confederation. In my state, Indiana, municipalities face the same issue–a longstanding debate about the state legislature’s refusal to allow meaningful home rule by cities and towns.

People of good will can–and will–argue about what political scientists call “devolution,” and what partisans dub “state’s rights.” Which rules should be left to the locals, and which must be made nationally or even globally? To what extent should citizens think of themselves as part of the broad American fabric, and to what extent members of various sub-constituencies? How much consistency is needed to create unum from our pluribus, and how much is too much?

There is a modern twist to this age-old debate, and it is disquieting.

I have blogged previously about The Big Sort and the growing urban/rural divide. Americans appear to be “sorting” ourselves into like-minded communities, geographical “bubbles” where we can live with people who think and act like us. It is part of the polarization that has kept government from working toward that elusive something called “the common good.” Do we really want to encourage cities to create various iterations of “people’s republics” while more rural areas establish enclaves ruled by “Christian Talibans”?

At what point does autonomy become separatism? Inquiring minds want to know…

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Random Thoughts About The Ryan Announcement

I was on the treadmill (ugh!) watching the news, when it was announced that Paul Ryan would not seek re-election.

Virtually all the talking heads, including former Indiana Senator Evan Bayh, prefaced their reactions by noting that Ryan was a “policy wonk” who understood the economy.

Bullfeathers.

As Paul Krugman (whose Nobel Prize was in economics) has repeatedly pointed out, Ryan is an ideologue. A genuine policy wonk would adjust his economic prescriptions in the face of evidence they didn’t work; Ryan’s tax “reform” was a bigger version of the policies that have proved so disastrous in Kansas and Oklahoma. Rather than learn from those lessons, he doubled down. (It reminded me of the old communist sympathizers who explained that a communist system really would work–that Stalin just hadn’t done it right.)

It’s possible, of course, that Ryan isn’t a “true believer”–that his his tax “reform” was a return on his donors’ investment, and he’s not sticking around to suffer what he realizes will be the political consequences.

A couple of commentators reported that–despite all indications that his spine had simply been removed–behind the scenes, Ryan was critical of Trump and had been a restraining influence on our dangerous President. Color me skeptical; however, the remainder of Ryan’s term will offer an ideal test of that thesis. Since Ryan won’t be running again, he’s free to add his voice to those of the other GOP Trump critics (none of whom are running again).

If I were a betting woman, I wouldn’t risk my money on the likelihood of a Ryan eruption of moral outrage or defense of the rule of law.

In all fairness, Ryan didn’t want the job as Speaker, and for good reason. Thanks to the very successful national Republican gerrymander in 2011, the party won seats well in excess of its votes, but a significant number of those elected from districts that had been designed to be deep red were extremists determined to hew to a Tea Party/White Nationalist vision of America (and not so incidentally, intent upon forestalling primary challenges by candidates even farther to the right.) Estimates are that there are some 80+ members of the GOP’s “lunatic caucus” –and they feel no need to listen to the party’s leadership, which they scorn as the “establishment.” Herding cats would be simple by comparison.

Those of us who detest Trump and the feckless Republicans in Congress who have utterly failed to constrain him are tempted to cheer Ryan’s announcement. And I am certainly encouraged by its implications; without Ryan (not to mention the other 26+/- Republicans heading for the door) , it will be even more difficult for the GOP to hang on to its majority.

But there are six months between now and November, and Trump is increasingly unhinged. As Mueller’s investigation gets closer, as the legal and ethical lapses of his cabinet and cronies become public, and international events he clearly doesn’t understand pressure him to make decisions he is ill-equipped to make, he increasingly resembles a cornered animal.

A rational man would reach out to knowledgable people for advice, but Trump is not a rational man. He’s threatening to bomb Syria, to nullify the Iran accord, to start a trade war with China, and God knows what he’ll say or do when he meets with Kim Jong Un in North Korea.

As the rats desert his sinking ship, he’ll be perfectly willing to take us all down with him.

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Sanctuary

You may have read about Jeff Sessions’ recent lawsuit against California. Sessions is pursuing the Trump Administration’s vendetta against immigrants (ostensibly against undocumented immigrants, but with rhetoric that signals distaste for anyone–legal or not–who is less pale than a Norwegian), and he’s determined to overcome any obstacles to that task.

Vox explains the lawsuit. 

The Department of Justice has just filed a lawsuitagainst the state over three laws it passed in 2017 that limit government officials’ and employers’ ability to help federal immigration agents, and that give California the power to review conditions in facilities where immigrants are being detained by the feds. Sessions, in a Wednesday speech to the California Peace Officers’ Association, a law enforcement union, is giving the message in person.

It’s a huge escalation of the Trump administration’s fight against “sanctuary cities” that limit local-federal cooperation on immigration enforcement. After a year of slow-moving or unsuccessful attempts to block “sanctuary” jurisdictions from getting federal grants, Sessions is moving to stop them from passing laws that limit cooperation to begin with. And he’s starting with a shot across the bow: targeting the bluest state in the union, whose 2017 bills represented a model for progressives to use federalism against the Trump administration’s immigration agenda.

Sessions’ is determined to pursue his punitive federal policy without having to deal with impediments to enforcement enacted by progressive cities and states. According to Vox, we should view this lawsuit as the next phase “in a battle the Trump administration and California are equally enthusiastic about having: an ongoing culture war between progressive politicians who feel a duty to make their immigrant residents feel as safe as possible, and an administration (and its backers) whose stated policy is that no unauthorized immigrant should feel safe.”

Vox is right to label this a culture war. I used to reserve that term for fights over the so-called “social issues”–abortion, same-sex marriage, prayer in schools, religious icons on public land and the like. That was before I realized that environmentalism had also become a culture war issue, and that the division wasn’t simply between religious and secular Americans, but also between adherents of very different religious worldviews.

We Americans are currently very polarized, to put it mildly. The expanded “culture war” of which immigration is a part is an outgrowth of our increasing tribalism, our stubborn  residence within bubbles populated primarily by our “own kind,” both intellectually and geographically.

The big question is whether this is an era of transition–a time of paradigm shift brought on by rapid changes in technology and especially communications–or whether it is something more lasting. The activism of the younger generation that we have seen in the wake of the Parkland shooting is a hopeful sign that it may be the former–that the fear and insecurity that have prompted recent, distressing eruptions of bigotry and racial resentment will pass as my generation dies off.

The challenge will be to keep the Donald Trumps and Jeff Sessions of the world from inflicting irreparable damage in the meantime.

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The Parable Of The Plumber

 Parables are short stories intended to illustrate general principles or moral truths. Although the term is generally used in a biblical context, it occurred to me that a recent, extremely annoying, definitely not apocryphal experience I had with a plumber might be a parable for our time.

I won’t use the name of the company, not because it deserves such consideration, but because the problem it represents is anything but unique.

We had used this plumbing company without incident previously, and its name was well-known, so when our 16-year old toilet needed a new flush valve,  my husband called them.   The young woman who answered the phone was intent upon enrolling us in a yearly “maintenance contract,” and kept him on the phone for a considerable time selling him on its benefits. She finally scheduled the repair during a 4 hour window on the following day. He rescheduled some errands  (I was at work) and waited, but the plumber never showed.

When he called to inquire what had happened, he got another young woman on the phone, who checked to see what had happened. It appeared that person he’d spoken with previously had been so focused on trying to sell him the yearly contract that she’d neglected to schedule the plumber. Young woman number two apologized, during what also became an unnecessarily lengthy conversation.

In order to expedite the repair, my husband gave her the make of the toilet (Kohler–a pretty standard brand) and the part number of the flush valve we needed. She had clearly never heard of Kohler–she asked whether that was a brand and could he spell it, which was disconcerting coming from someone who worked at a plumbing company. She did repeat the part number twice, to be sure she’d heard accurately.

This time, the plumber did show up (the following day), but without the part. According to him, she hadn’t passed on the information. He said he’d have to locate the part and come back, but that we really should consider buying a new toilet.

This was a Friday. The plumber left (without selling us a new toilet) saying he would secure the proper part and be back Monday. He did return on Monday, as promised, but with the wrong part. He left again, promising to find the right one and to call when he did.

At that point, I called our daughter who had mentioned that she had a plumber she liked. When I called that company, the phone was answered by a knowledgable person who immediately dispatched a plumber, and texted me to let me know he was on the way. (They even included a photo of the man they sent, so I’d know it was him.) That plumber was at my home within an hour of my call, and proceeded to install the new flush valve–properly and without trying to sell us a new toilet.

Guess which company I will use in the future?

Why do I say this mundane story is a parable?

The first company markets itself constantly. It runs lots of television spots and internet ads, and periodically mass mails “special offers.” It’s pretty obvious that the owners place more importance on image than on competence.

We live in an age that promotes celebrity over substance. We prefer pundits who tell us what we want to hear to “elitists” who actually know what they are talking about–politicians who give us slick sales patters over less-assured candidates who recognize the complexities of issues. But name-recognition and celebrity will only take you so far. At some point, you have to be able to do the job.

The Trump Administration has a lot in common with that first plumbing company we called.

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Did Fake News Give Us Trump?

Can you stand one more discussion of “fake news”?

The Washington Post has reported on a study that strongly suggests Trump owes his 2016 upset win to the same “fake news” he regularly excoriates.

The study from researchers at Ohio State Universityfinds that fake news probably played a significant role in depressing Hillary Clinton’s support on Election Day. The study, which has not been peer-reviewed but which may be the first look at how fake news affected voter choices, suggests that about 4 percent of President Barack Obama’s 2012 supporters were dissuaded from voting for Clinton in 2016 by belief in fake news stories.

Here are the false stories, along with the percentages of Obama supporters who believed they were at least “probably” true (in parenthesis):

  1. Clinton was in “very poor health due to a serious illness” (12 percent)
  2. Pope Francis endorsed Trump (8 percent)
  3. Clinton approved weapons sales to Islamic jihadists, “including ISIS” (20 percent)

The researchers determined that twenty-five percent of those who had voted in 2012 for Obama believed at least one of the three stories. Of that group–that is, of the voters who believed at least one of the fake news stories– 45 percent voted for Clinton. Of the Obama voters who did not believe any of the fake news stories, 89 percent voted for Clinton.

This alone does not prove that fake news made a difference, of course. A recent Princeton-led studyof fake news consumption during the 2016 campaign found that false articles made up 2.6 percent of all hard-news articles late in the 2016 campaign, with the stories most often reaching intense partisans who probably were not persuadable. And it wouldn’t be surprising if Obama voters who weren’t reliable Democratic supporters were more apt to believe fake news stories that affirmed their decision not to vote for Clinton.

So the researchers sought to control for other factors such as gender, race, age, education, political leaning and even personal feelings about Clinton and Trump using multiple regression analysis, a method to measure the relative impact of multiple independent variables. According to the researchers, all of these factors combined to explain 38 percent of the defection of Obama voters from Clinton, but belief in fake news explained an additional 11 percent.

Other researchers ran a variety of other simulations using the data from the Ohio State study, and the consensus was that fake news cost Clinton about 2.2 or 2.3 points apiece in Michigan, Pennsylvania and Wisconsin. Clinton lost Michigan by 0.2 points, Pennsylvania by 0.72 and Wisconsin 0.76 points.

Disinformation, propaganda, “fake news”–whatever we want to call it– is a significant and growing problem, and that problem isn’t limited to political campaigns. Recognition of the proliferation of unreliable information has undercut public trust in government and in other important institutions. As Anne Applebaum recently wrote, also in the Washington Post, it isn’t just Russian bots we need to worry about.

Fox News and the Trump-friendly media operate in exactly the same way. As I’ve written in the past, Donald Trump openly used Russian slogans and narratives during his 2016 election campaign.

At the moment, though, he doesn’t need to borrow from them anymore. A recent New York Times analysis of how the president came to be obsessed with the “caravan of illegal aliens” listed the ways the original story came to be enhanced and misreported, deliberately, by what we would in another country call pro-regime media. As retold on “Fox & Friends,” or hyped by Frontpage Mag, “Beltway pundit,” and thousands of bots and trolls (both voluntary and professional), the story lost some critical details: that many of the group were refugees from Honduras’s drug wars, or that many planned to stay in Mexico, or that others hope to cross the U.S. border legally to apply for asylum. By the time the tale of the caravan reached the president’s Twitter feed — which has featured faked or mislabeled video in the past, as well — it was an “invasion” requiring the presence of the National Guard.

We can’t do much about the expression of opinion, but gatekeepers can verify or debunk factual assertions. The problem is, except in what we now call “legacy media” we no longer have gatekeepers. And thanks to the ubiquity of social media, disinformation spreads.

As someone once said “A lie can travel around the world three times while truth is still putting on its pants.”

That’s a big problem, and we need to solve it.

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