Defining Moderation

New York Times columnist David Brooks is given to periodic meditations triggered by the political environment; recently, he mused at some length over “what moderates believe.” 

I’m not ready to endorse Brooks’ entire definition, which is a bit too formulaic and pietistic for my tastes, but I do think that one sentence describes the fundamental difference between “wingers” and moderates:

Moderation is not an ideology; it’s a way of coping with the complexity of the world.

I would probably phrase this differently, but I agree that moderation is an approach, an attitude, an openness to complexity rather than a set of rigid beliefs. A moderate is someone who recognizes the increasing ambiguities of modern life, someone who can make peace with a world where there is less black and white and more shades of gray without feeling disoriented or panicky.

Moderates use terms like “it depends” and “it’s more complicated than that.”

Moderates reject justifications for the use of violence in service of ideology; they recognize that whether it is the Nazis or the Antifa who oppose them, a resort to the use of force places zealots outside the norms of acceptable political discourse, undermining both the rule of law and fundamental American principles.

The True Believers of both the Right and Left are the enemies of functioning government. These are the judgmental, “my way or the highway” purists who prefer losing to taking half a loaf, who don’t understand that sustainable progress is almost always incremental, who have learned nothing from the history of revolutions.

The GOP has pretty much rid itself of its moderates–it has actually made “moderate” a dirty word– and the party’s current inability to govern despite controlling both houses of Congress and the Presidency is a direct result of its radicalization. Once-thoughtful elected officials now pander to the party’s rabid base in order to avoid being primaried–and it’s hard not to wonder if and when they’ll regret trading their souls and the tattered remnants of their integrity for another term in office.

For their part, the Democratic Party’s purists are responsible for that party’s recurring “circular firing squads.” Here in Indiana, several have announced that they won’t support incumbent Democratic Senator Joe Donnelly because he is “insufficiently progressive.” Their defection is likely to give Indiana a Republican zealot in his place–hardly an improvement, but evidently satisfying to those for whom ideological purity is more important than retaking the Senate. For the record, I am considerably more progressive than Donnelly, but he will vote against the upcoming attempts to eviscerate the social safety net in order to give huge tax cuts to the 1%, and every Republican running to replace him will enthusiastically vote for those measures. Should the Democrats retake the Senate (something they probably cannot do if Donnelly loses), Donnelly will also be a vote to replace Mitch McConnell–that alone is reason enough to support him.

Politics has been called “the art of the possible.” Moderates acknowledge that reality, and are willing to take something less than perfection if that “something less” is an improvement over the alternative.

Come to think of it, perhaps “moderate” simply means “adult.”

Comments

Lessons From Houston

I wonder if we will learn anything from the pictures of devastation coming from Houston.

Leave aside the contentious arguments over climate change, and the degree to which it contributed to the severity of the storm. There were other omens even denialists should have been able to appreciate. Last year, for example, a ProPublica/Texas Tribune investigation found that officials charged with addressing Houston’s obvious susceptibility to flooding had discounted scientists’ warnings as “anti-development.”

That reaction was so typically Houstonian.

For years, Houston has reveled in its “freedom” from “onerous, unnecessary regulations.” The city has no zoning, and its building codes are lax. As Newsweek has reported, Houston is “drowning in its freedom.”

The feeling there was that persons who own real estate should be free to develop it as they wish…In less-free cities, the jackbooted thugs in the zoning department impose limits on the amount of impervious cover in a development.

Houston’s allergy to “jackbooted thugs” like city planners and its preference for “freedom” over strict building codes is a longstanding feature of its politics. Whether that city’s powers-that-be will moderate their distaste for regulations that would mitigate future disasters remains to be seen.

Meanwhile, the federal government–under our “pro-business” President– is moving away from prudence and toward Houston’s free-wheeling approach.

As Vox explains,

Since 2015, infrastructure projects paid for by federal dollars have had to plan ahead for floods and water damage. But when Houston and surrounding towns start to rebuild after floodwaters recede from Tropical Storm Harvey, they won’t be required to plan ahead for the next big storm.

That’s because on August 15, President Trump rolled back the Federal Flood Risk Mitigation Standard, an Obama-era regulation. The 2015 directive, which never fully went into effect, required public infrastructure projects that received taxpayer dollars to do more planning for floods, including elevating their structures to avoid future water damage and alleviate the burden on taxpayers.

Trump characterized his move as repealing an onerous government regulation and streamlining the infrastructure approval process. But he was criticized by both environmental groups and conservatives, who said it made sense to try to protect federal investments.

Between 2005 and 2014, the federal government spent an estimated $277 billion dollars responding to natural disasters like Harvey.

Obama’s flood risk mitigation regulation was intended to reduce those sorts of expenditures by prescribing certain standards for newly constructed infrastructure. Adhering to those standards might cost more money upfront, but requiring such flood mitigation measures would save taxpayers far more in the long run. According to experts, flood mitigation has a 4-1 payback.

No federal projects were ever built with the new standards, because it took years to go through the required public comment process before the rules were finalized. As federal agencies like FEMA and the US Department of Housing and Urban Development were waiting for final approval, Trump nixed the standards. And without that final approval, the agencies won’t be able to act on any of Obama’s recommendations.

“Had those regulations been finalized for FEMA and HUD in particular, they would have ensured that all the post-Harvey rebuilding complied with those standards, helping ensure that we built back in a way that was safer,” said Rob Moore, senior policy analyst at the National Resources Defense Council.

When the floodwaters recede and Houston looks toward repairing and rebuilding its damaged infrastructure, there very may well be state and local officials advocating for more mitigation projects. But there will be no incentive from the Trump administration to do so.

In fairness, Trump didn’t invent this “penny wise, pound foolish” mindset. It is part and parcel of the anti-government rhetoric that is carefully nurtured by politicians who would never conduct their personal affairs in a similarly imprudent manner.

It will be interesting to see what lessons–if any– the anti-regulation, anti-government, anti-science zealots take from the disaster that is Houston.

Comments

Roy Moore–Again

What was that line from Jaws 2? He’s baaack…And this time, he’s being supported by ex-White House eminence grise Steve Bannon.

Roy Moore is very likely to be the next Senator from Alabama. He’s currently in a special election run-off to replace former Senator and current Attorney General Jeff Sessions. Sessions, as most people who follow politics know, has a well-documented history of racial insensitivity (at least); Moore, on the other hand, is a flat-out crazy theocrat.

Back in 2016, I wrote about Moore, who was then on the Alabama Supreme Court, after he ordered Alabama officials to ignore the U.S. Supreme Court’s decision on same-sex marriage.

For those of you who’ve been vacationing on the moon, Moore—who has long been a religious zealot with delusions of grandeur—is the Chief Justice of the Alabama Supreme Court, a position he regained after being removed for defying federal law and several court orders by erecting a five-ton replica of the Ten Commandments at the door to the Alabama courthouse. Most recently, Judge Moore issued an administrative order declaring that “Alabama probate judges have a ministerial duty not to issue any marriage licenses” to same-sex couples. The Supreme Court’s June Obergefell decision legalizing same-sex marriage involved a case from a different federal circuit, so it does not apply in Alabama, Moore argues. Legal experts say that is a patently wrong interpretation of American law.

Patently wrong indeed! Law students who took such a position would never pass a bar exam.

Read my lips, “Judge.” If you don’t like gay people, fine. Don’t invite them over for dinner. If you disapprove of same-sex marriage, don’t have one. If your version of God hates homosexuals, feel free to pray for their descent into the fiery pits (or whatever hell you people believe in).

But no matter how fervent your belief, no matter how wedded you are to your animus, you don’t get to overrule the Supreme Court. If you are incapable of following and applying the law, you need to be impeached or otherwise removed from a position that allows you to affect other people.

As the quoted language notes, the flap over same-sex marriage (and ethical Judicial behavior) wasn’t the first time Moore had insisted that his version of Christianity should take precedence over the Constitution and the rule of law.

Back in 2001,  Moore, at the time the elected Chief Justice of the Alabama Supreme Court (a powerful argument against judicial elections), placed a 5,280-pound granite monument in the rotunda of Alabama’s Judicial Building in Montgomery. He had ordered the monument without the knowledge of the other justices on the court.

The monument depicted the Bible, open to two pages on which the stonemason had carved the King James version of the Ten Commandments. A private evangelical group, Coral Ridge Ministries, paid for it.

A Montgomery attorney sued to have the monument removed, and–predictably–Moore lost both at trial and on appeal. He was subsequently removed from the Court, but ran for his old seat in a subsequent election, and won. His refusal to follow the Supreme Court’s ruling in the same-sex marriage case was pretty convincing evidence that he hadn’t moderated his views, or his willingness to ignore laws inconsistent with his version of Biblical Truth.

Now he wants to represent Alabama in the United States Senate, and he is currently leading in the polls–despite (among other things) recently publicly reaffirming his “personal belief” that President Obama wasn’t born in the United States.

Just what America needs: another demented zealot determined to make America Godly (i.e., white, straight and Christian) Again.

Comments

It Really Isn’t About the Quality of Education

No one who watched Mike Pence dramatically expand Indiana’s voucher program at the expense of the state’s public schools, and certainly no one who has followed the appointment and appalling performance of Secretary of Education Betsy DeVos, could come away thinking “Boy, those people really care about education!”

Despite their rhetoric, Pence, DeVos and a number of other proponents of “educational choice” have a decidedly religious agenda. DeVos has been quoted as saying that vouchers will usher in “God’s kingdom.” Pence’s voucher program hasn’t improved educational outcomes, but it has financially benefitted the religious schools that participate.

And the religious schools that do participate in Indiana’s voucher program have seen to it that some children don’t even have that much-touted “choice.” As Chalkbeat recently reported,

When it comes to school choice, options are more limited for Indiana’s LGBT students.

Lighthouse Christian Academy in Bloomington recently made headlines for promising students an excellent, “biblically integrated” education — unless they identify as lesbian, gay, bisexual or transgender. The school also received more than $650,000 in public funds last year through the state’s voucher program.

In Indiana, over 34,299 students used vouchers to attend a private school last fall, making it the largest such program in the country. It’s also a program that U.S. Education Secretary Betsy DeVos has applauded — which means Indiana offers a helpful glimpse at how a DeVos-led national expansion of vouchers might shape up.

Our investigation found that roughly one in 10 of Indiana’s voucher schools publicly shares a policy suggesting or declaring that LGBT students are not welcome. Together, the 27 schools received over $16 million in public funds for participating last year.

Many private, religious schools are also accredited by a group that provides advice about how to turn away LGBT students. Given that nearly 20 percent of schools do not publicize their admissions policies, the true number of schools with anti-LGBT policies is unclear.

Of the 27 schools with explicitly anti-LGBT policies, 14 were accredited by the Association of Christian Schools International, a pro school-choice group that provides its members with a handbook titled “Steps Your School Can Take When Dealing With Homosexual Issues.”

The Chalkbeat article quotes religious school officials who stress the importance of respecting the religious views of schools operated by different denominations. I have no quarrel with respecting their right to teach their beliefs; I do have a quarrel with their right to have those beliefs subsidized with my tax dollars.

In Zelman v. Simmons-Harris, the Supreme Court ruled that vouchers to religious schools did not violate the religion clauses of the First Amendment, because the vouchers (theoretically) went to the parents, who were free to use them at either religious or secular schools. The problem with this approach is the same as the problem facing gay children in Indiana: the “choice” is illusory, because virtually all of the participating schools are religious.

Charter schools–which are still public schools– manage to operate while being subject to the same constitutional and civil rights constraints that apply to traditional public schools. There’s no reason that private schools–religious or not– that benefit from voucher dollars shouldn’t be required to do likewise.

Of course, at some point, Hoosiers are going to have to face up to the fact that although vouchers do not improve student’s test scores, they certainly do improve the bottom lines of participating religious schools.

Despite being marketed as a way to give parents a “choice” to enroll their children in “better” schools, Indiana’s vouchers are simply a financial windfall for religious schools at the expense of our public schools. And if a few LGBTQ kids face discrimination, well that’s just too bad.

It certainly doesn’t bother DeVos and Pence.
Comments

Pardon Me?

There are multiple reasons to be horrified by Trump’s pre-emptive pardon of the despicable Joe Arpaio.

There’s his usual display of legal and constitutional ignorance: By disdaining the process for determining the propriety of issuing a Presidential pardon and by displaying, once again, contempt for the Separation of Powers that is a foundation of our legal system, Trump has again illustrated that he is the perfect Dunning-Krueger model–an ignoramus who  doesn’t know what he doesn’t know.

Traditionally, Presidential pardons are issued after a person has served some part of his sentence and shown remorse, or alternatively, to correct a miscarriage of justice. There’s a thorough vetting process by the justice department to assess these factors. Trump, of course, ignored these criteria.

If that were the extent of the damage, this typically Trumpian fit of pique would simply be another entry in the extensive list of “reasons we shouldn’t elect people who don’t know what government is or does.” But it’s actually the least significant of the issues involved.

To understand those issues, you need to know some things about Arpaio. From the Guardian, we learn

Arpaio, the self-styled “toughest sheriff” in America, systematically abused his powers during his two decades in office before being voted out last November. Most notoriously, Arpaio commanded his police to detain people solely on the suspicion that they were illegal immigrants, even in cases where the “suspects” had violated no state law. This amounted to a blanket invitation to terrorize the domestic population through egregious practices of racial-profiling.

In 2011, a federal district court judge, a Republican appointee, ordered Arpaio to stop a practice that constituted a flagrant violation of constitutional rights. Rather than submit to the federal court order, Arpaio acted in open defiance, placing himself above the federal judiciary and the rule of law. Last month, he was properly convicted of criminal contempt for his defiance. He faced a maximum of six months in jail, but all that is now moot thanks to the president’s pardon.

From the Boston Globe, we learn this behavior was nothing new.

In 1997, a few years after Arpaio assumed office, the US Department of Justice sued him after an investigation found rampant mistreatment of inmates in his jails and a pattern of excessive force by the sheriff’s staff. Officers hog-tied inmates and used stun guns on them while they were handcuffed or in restraining chairs. The lawsuit was dismissed in a settlement, but Arpaio’s methods of abuse didn’t change at all.

As a result, many prisoners died at an alarming rate without explanation. According to the Phoenix New Times, taxpayers in Maricopa have paid more than $140 million to litigate and settle countless claims of brutality while Arpaio was sheriff.

By the mid-2000s, Arpaio had found another target to terrorize and criminalize: unauthorized immigrants (much like Trump did during the presidential campaign.) Arpaio became obsessed with enforcing federal immigration law, conducting workplace raids and immigration patrols where his staff stopped people who looked Hispanic and arrested those who were illegally in the country.

This history is well known, both to the populations Arpaio targeted and to the White Supremacists, neo-Nazis and Klan members who supported his behaviors. Trump’s pardon sent a clear message to both groups– especially to the bigots in his base who might have worried about Trump’s continued commitment to their “cause” in the wake of Bannon’s departure from the White House.

This pardon goes well beyond the “dog whistles” and “winks” employed by many Republicans to let bigots know they remain welcome in the Grand Old Party. It is a flat-out endorsement of racism, and I’m sure it comforted Trump’s White Nationalist supporters.

The spectacle of a United States President openly siding with enemies of everything America purports to stand for is nauseating, but even that is not the worst implication of this pardon.

Allow me to explain.

The Bill of Rights protects individual rights against government infringement. When a government agent–that is, someone acting on behalf of the government–violates the constitutional rights of an individual, both that agent and the government are answerable for that infringement. Our legal system punishes people who misuse the power of the state.

This pardon voids that guarantee of accountability. It guts the rule of law that anchors our constitutional system. It is telling government officials who abuse their authority that this President has their back, that they won’t be held to account for their misconduct–so long as their misconduct is consistent with the President’s own “priorities” and interests.

That’s how a constitutional democracy becomes an autocracy.

If this isn’t a constitutional crisis, I don’t know what is.

Comments