Author Archives: Sheila

If I Had a Magic Wand….

Yesterday, I wrote that America’s governing systems no longer work properly. I believe the original, basic premises of our approach to self-government remain sound, but our “delivery systems,” the mechanics of representative democracy, have become corrupted.

With effort, those can be changed. One of the great benefits of America’s constitutional system is its flexibility. Despite persistent cries of alarm from so-called “textual originalists,” our legal system has continued to work because it has been remarkably adaptable to “new facts on the ground.”

It is undeniable, however, that our 200+ year old ship of state has taken on some barnacles.

Compromises intended to keep slave states happy (the Electoral College, for example) are poorly adapted to modern notions of democratic fairness; early allocations of  federalist jurisdiction are increasingly ill-suited to a mobile, connected population. Etc.

Assuming (as I do) that Trump’s election presages a period of turmoil and civic unrest during which many laws and institutions will be challenged and found to be unworkable, or understood to be hopelessly outmoded, what changes should we try to effect once the fever breaks?

Here are a few I think have merit:

We should establish a national, nonpartisan commission to administer elections under uniform standards. Many countries have such agencies. It would maintain voter rolls (we have no idea what turnout actually is, because there is a lag time during which states don’t know when a voter moves, or dies, and there are great disparities between states in record-keeping, purges, etc.), establish uniform times for polls to be open, prevent voter suppression efforts, and generally insure a fair and equal election process.

We should get rid of the Electoral College,  gerrymandering and Citizens United.

At the local level, we should sharply limit the positions that are elected. There is no reason to elect coroners, recorders, auditors, township trustees and the like. Some of these positions may no longer be needed; those that are should be appointed by Mayors or County executives. Similarly, Governors should appoint Attorneys General and Superintendents of Public Instruction. Making a chief executive responsible for these administrative positions would improve accountability and decrease political infighting.

There are a number of steps we might take to increase vote turnout and make election results more closely reflect the popular will. We can make election day a holiday, and/or vastly increase voting by mail.  (America is highly unlikely to make voting mandatory, as it is in Australia, but we might consider a “none of the above” option.)

In addition to such mechanical “fixes,” we need a population that is at least minimally civically-literate. The emphasis upon STEM education is all well and good, but it should not be allowed to crowd out the humanities and especially civics education. “We the People” or an equivalent high-quality civics curriculum should be required for high school graduation.

And I want to put in a plug for a “New GI Bill”: Upon graduation from high school, students would enroll in a one-year program of civic service and civic education. Upon satisfactory completion of that year, the government would pay for two years of college or other post-secondary training. The program would be open to everyone, but marketed heavily to the poor and disadvantaged.

We have massive amounts of research confirming that most Americans—rich or poor—know embarrassingly little about the economic and governmental structures within which they live. This civics deficit is far more pronounced in poor communities, where civics instruction (as with other educational resources) is scarce. Because civic knowledge is a predictor of civic participation, one result is that poor folks don’t vote in percentages equal to those of middle-class and wealthy Americans.

When people don’t vote, their interests aren’t represented.

Giving students from disadvantaged backgrounds an opportunity for post-secondary education—and conditioning that opportunity on a year of civic learning and civic service—would do two extremely important things: it would give those students the civic skills they need in order to have a meaningful voice in the democratic process; and it would reduce the nation’s currently unconscionable level of student loan debt.

Those are my beginning agenda items. I’m confident that there are numerous other ideas for reconstituting and revitalizing America’s politics and our commitment to the goal of e pluribus unum.

We’re in the middle of a very painful lesson in what isn’t working; let’s start considering what would.

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Facing Up to Reality

When something absolutely unforeseen challenges your worldview, it is probably prudent to take a step back and re-examine your assumptions.

After the shock of a Presidential election that successfully appealed to festering bigotries and primal hatreds that I naively thought had declined, and after a period of disbelief (and nausea), I made myself take that “step back.” You may or may not agree with my conclusions, but I’d ask you to consider them.

America’s democratic institutions and processes haven’t worked properly for quite some time. All of us can tick off evidence: a Senate that simply refuses to hold hearings on a Presidential nominee for the Supreme Court; legislators’ willingness to petulantly shut down government when they don’t get their way; the widespread, obstinate denial of science and rejection of empirical evidence in favor of policies based upon ideology and/or religious dogma; and of course, the toxic partisanship and racial resentments reflected in the decision of Congressional Republicans to block anything and everything proposed by our first African-American President, irrespective of the merits of any particular proposal. I could go on.

Had Hillary Clinton been elected President, she would have faced the same ferocious, partisan hostility that Obama has had to deal with–but on steroids. Irrational hatred of the Clintons, especially Hillary, is baked into Republican DNA. Not only would she have faced constant, repetitive Congressional “investigations,” several House members were already drawing up Articles of Impeachment. (Why wait for her to actually do something impeachable?)

Meanwhile, lawmakers in both parties continue to block policies seen as threatening to the interests of the oligarchs that effectively control our national and state legislatures. It is irrelevant that large majorities of Americans favor background checks for people buying guns, higher taxes on the rich, a discontinuation of obscene subsidies to oil companies or numerous other measures. Especially at the federal level, the policy preferences that count are those of the big donors as conveyed by their lobbyists–many of whom used to be legislators in the incestuous political stew that is Washington, D.C.

This is not the way a working democracy operates.

Although the self-dealing and the nastiness has unquestionably gotten worse, most of this isn’t new. It has become more visible in the Internet Age, but the inability of our governing structure to deal with a technologically integrated, inexorably globalizing, demographically diversifying modern world has been apparent for decades.

American government does not work as it should, and it hasn’t for quite some time. It certainly hasn’t ameliorated or addressed–or even explained– the dramatic changes that have created economic and social distress among so many of our citizens.

Dissatisfied citizens look for someone to blame. To the extent they blame the status quo in Washington, that’s probably fair enough. Given human nature, however, a lot of our fellow-citizens blame immigrants, African-Americans, Muslims, Jews, “uppity” women…the “other”…for cultural changes that disadvantage them or make them uncomfortable, and for a government that doesn’t work for them.

Social scientists tell us that the two strongest predictors of support for Donald Trump were racial resentment and misogyny.

So now we have a President-elect whose profound ignorance and incompetence is likely to deliver the coup de grace to creaky government institutions and even more likely to exacerbate the social divisions and bigotries he cultivated during the campaign. Whether he serves out his term, or we end up with Mike Pence (a rigid theocrat who is equally incompetent, equally uninterested in the mechanics of governing), all signs suggest we are on the cusp of an era of massive social upheaval.

The question is: when the incommensurate passions triggered by impending conflicts subside, will we be able to construct a fairer, more streamlined and responsive, more (small-d) democratic governing structure, one that is more adapted to the realities of the modern world?

Can we salvage the best parts of our governing philosophy, and create institutional structures that work for all our citizens? Or will four years of authoritarianism and continued exploitation of racial, religious and ethnic divisions leave the oligarchs and white supremacists firmly in charge?

What would a better, more trustworthy American democracy look like?

I have some ideas I’ll share tomorrow. I invite yours.

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A Dilemma With No Easy Answer

As Talking Points Memo and the Daily Beast have both recently reported

The Trump campaign is apparently having lots of trouble finding first tier people to fill scores of national security jobs.

Here’s a new piece from The Daily Beast saying this continues ..

Team Trump is struggling to fill numerous key slots or even attract many candidates because hundreds have either sworn they’d never work in a Trump administration or have directly turned down requests to join, multiple current and former U.S. officials with direct knowledge of the transition efforts told The Daily Beast.

As the DB suggests, this isn’t terribly surprising since numerous Republican national security experts have already signed public letters saying they would never serve a President Trump.

As the article pointed out, however, someone will eventually fill those positions, and the reluctance of people who actually have the necessary skills to work for a Trump/Pence Administration means that the jobs will not be filled with competent public managers.

Since the TPM article, we have learned the identities of several people on Trump’s list of potential cabinet appointments, and he has announced that Rance Priebus and Steve Bannon will have important roles in his White House. The choice of Bannon was greeted with cheers by the KKK and the Nazis–and with shock from decent Republicans and Democrats alike.

So here’s the dilemma: if you are a responsible conservative Republican with skills relevant to and needed by the new administration, do you swallow hard and figure that you are really working for the American people, not the Orange Buffoon? Do you hope–against all evidence–that Trump will listen to your knowledgable advice, that you can prevent him from taking actions you know will be detrimental to the country and the world?

Eliot Cohen, a national security expert who served in George W. Bush’s State Department, initially counseled that approach. After conversations with Trump’s “team,” he has changed his mind.

The tenor of the Trump team, from everything I see, read and hear, is such that, for a garden-variety Republican policy specialist, service in the early phase of the administration would carry a high risk of compromising one’s integrity and reputation.

In a normal transition to a normal administration, there’s always disorder. There are the presidential friends and second cousins, the flacks and the hangers-on who flame out in the first year or two. There are the bad choices — the abusive bosses, the angry ideologues and the sheer dullards. You accept the good with the bad and know that there will be stupid stuff going on, particularly at the beginning. Things shake out. Even if you are just blocking errors, it is a contribution.

This time may be different. Trump was not a normal candidate, the transition is not a normal transition, and this will probably not be a normal administration. The president-elect is surrounding himself with mediocrities whose chief qualification seems to be unquestioning loyalty. He gets credit for becoming a statesman when he says something any newly elected president might say (“I very much look forward to dealing with the president in the future”) — and then reverts to tweeting against demonstrators and the New York Times. By all accounts, his ignorance, and that of his entourage, about the executive branch is fathomless. It’s not even clear that he accepts that he should live in the White House rather than in his gilt-smeared penthouse in New York.

After noting the implications of Bannon’s hiring, Cohen concludes that conservative politicians and policymakers “should not volunteer to serve in this administration, at least for now. They would probably have to make excuses for things that are inexcusable and defend people who are indefensible.”

In the past few days, several media outlets have reported that Trump’s team was astonished to learn that the White House staff leaves when a Presidential term is over, and that they would have to hire people to fill those positions. Other reports suggest a transition team with a striking resemblance to the Keystone Kops.

If the likely consequences of Trump’s monumental ignorance weren’t so dire, this exhibition of gross incompetence would actually be funny.

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How We Should Respond

News outlets are reporting that the incoming Trump Administration is seriously considering establishment of a “registry” for Muslims. Politico recently quoted Kansas Secretary of State Kris Kobach, who says the effort is being modeled after the highly controversial National Security Entry-Exit Registration System implemented after the Sept. 11 terror attacks.

When challenged about the constitutionality of such a measure, Trump supporters point to the “precedent” of World War II Japanese internment camps. Although that precedent has never been formally overruled, it is widely considered to have been a shameful departure from American principles, attributable to the stress of war.

Ordinarily, I would dismiss such stories, assuming that more responsible people would recognize the unAmerican nature and probable unconstitutionality of such a proposal; given the abysmal bona fides of those Trump has around him, however, I cannot simply assume that this effort will be still-born.

So here is what I propose:

If a Trump Administration attempts to require registration of Muslims, I intend to register, and I will encourage all of my friends and family to register as well.

One of the few positive stories that emerged during the Holocaust was the reported reaction of the Danes when, under Nazi occupation, Danish Jews were ordered to wear armbands with the infamous yellow Star of David. As the story goes, the Danish King and his subjects also donned the armbands, in a demonstration of the equality and solidarity of all Danish citizens.

Snopes tells us that the story is apocryphal, although the Danes did engage in heroic measures to save Danish Jews.

Although this legend may not be true in its specifics, it was certainly true enough in spirit. The rescue of several thousand Danish Jews was accomplished through the efforts of “thousands of policemen, government officials, physicians, and persons of all walks of life.” The efforts to save Danish Jews may not have had the flair of the “yellow star” legend, and they may not have required quite so many citizens to visibly oppose an occupying army, but those who were rescued undoubtedly preferred substance to style.

Sometimes, a morality tale can be more powerful than accurate history.

An actual effort to make Muslims register would be challenged immediately, and I have to believe it would be quickly enjoined, but the mere fact of the attempt would have a chilling effect on everyone’s religious liberties.

As a practical matter, if thousands of non-Muslim Americans publicize our intention to add our names to any registry–and if we announce that intention immediately in response to any trial balloon or actual proposal to create such a registry– we may be able to abort this insulting and demeaning and thoroughly unAmerican effort.

I hope these reports are wrong, but given the rhetoric of the campaign, Trump’s embrace of the “alt-right” (aka Nazis, White Supremacists and the KKK), and the nature of his inner circle, prudence suggests  that we prepare for the worst.

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“Repealing” Roe v. Wade

On 60 Minutes, Donald Trump evidently claimed that “repealing” Roe v. Wade would be a priority.

Among the many, many things our next President does not understand is how government actually works. He may be surprised to discover that Congress–even one dominated by GOP culture warriors–cannot “repeal” a Constitutional right.

That is not to say that Roe is safe, only that it will take several years and some fairly creative judicial legerdemain to completely reverse current case law.

Here is how it will play out.

Trump will have an immediate appointment to the Supreme Court, and may well have one or two others during a four-year term. He has pledged to appoint a social conservative, and that’s a pledge he’s likely to keep. Once a case implicating reproductive choice works its way up to the Supreme Court, that newly conservative Court will take the opportunity to further limit what previous Courts have confirmed: it is a woman’s constitutional right to control her own body. Perhaps the newly constituted Court will reverse Roe outright, perhaps not–but the effect will be the same.

Reversing Roe entirely would leave the legality of abortion up to the individual states. We would go back to the time–a time I vividly remember– when women who could afford to do so traveled to states where abortion was legal, and a significant number of the women who couldn’t afford to do that died in back-alley, illegal operations.

As my friends at Planned Parenthood like to point out, women didn’t begin getting abortions after Roe v. Wade. They just stopped dying from them. 

The only thing prochoice Americans can do to thwart this cynical and theocratic agenda is work tirelessly to prevent their state legislatures from passing new, restrictive measures that are intended to provide the Court with an opportunity to “revisit” the issue. (Here in Indiana, a State Representative has already announced his intention to submit a bill that would criminalize abortions and punish the women and doctors who participated in them. I’m sure theocrats in other states are equally eager to test the anticipated new boundaries.

Given the number of deep red states populated by religious fundamentalists, the odds of defeating all of these throwbacks aren’t good. So while Trump cannot “repeal” reproductive liberty, he can sure eliminate it.

I think the legal terminology is: we’re screwed.

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