Category Archives: Constitution

The Politics Of Lying

When I was teaching, Free Speech discussions would frequently evoke a question from students appalled by the massive amounts of disinformation enabled by the Internet and social media: “Can’t we at least outlaw lying?” I would have to explain that courts would have great difficulty determining the difference between what is a lie and what is a mistake, etc. The practical problems of such an effort would be insurmountable.

More to the point, the First Amendment rests on reliance upon the “marketplace of ideas.” Bad ideas and lies are to be countered by better ideas and facts. It is a theory that depends upon the participation of We the People.

It isn’t working very well right now, and I see no simple solutions. Neither does Bill Adair, who founded Politifact. In a recent essay for the Atlantic, he explored the failure of that fact-checking site to combat the firehose of propaganda and lies that  distort our political lives.

For American politicians, this is a golden age of lying. Social media allows them to spread mendacity with speed and efficiency, while supporters amplify any falsehood that serves their cause. When I launched PolitiFact in 2007, I thought we were going to raise the cost of lying. I didn’t expect to change people’s votes just by calling out candidates, but I was hopeful that our journalism would at least nudge them to be more truthful.

I was wrong. More than 15 years of fact-checking has done little or nothing to stem the flow of lies. I underestimated the strength of the partisan media on both sides, particularly conservative outlets, which relentlessly smeared our work. (A typical insult: “The fact-checkers are basically just a P.R. arm of the Democrats at this point.”) PolitiFact and other media organizations published thousands of checks, but as time went on, Republican representatives and voters alike ignored our journalism more and more, or dismissed it. Democrats sometimes did too, of course, but they were more often mindful of our work and occasionally issued corrections when they were caught in a falsehood.

After exploring some theories about why politicians lie–the calculus that they apparently apply to determine the ratio of risk to reward– Adair notes that today’s extreme political polarization encourages them to do little else.

Now that many politicians speak primarily to their supporters, lying has become both less dangerous and more rewarding. “They gain political favor or, ultimately, they gain election,” said Mike McCurry, who served as White House press secretary under President Bill Clinton. As former Democratic Senator Bob Kerrey told me, “It’s human nature to want to get a standing ovation.” Lies also provide easy ammunition for attacking opponents—no opposition research required. They “take points off the board for other candidates,” said Damon Circosta, a Democrat who recently served as the chair of North Carolina’s Board of Elections.

Adair notes that partisan media, especially on the right, fosters lying by degrading our shared sense of what’s real. These outlets expect politicians to repeat favored falsehoods as the price of admission. If you’re not willing to participate in the twisting of facts, you simply won’t get to speak to the echo chamber.

Tim Miller, a former Republican operative who left the party in 2020, pointed out that gerrymandering, particularly in red states, has made it so “most of the voters in your district are getting their information from Fox, conservative talk radio … and so you just have this whole bubble of protection around your lies in a way that wouldn’t have been true before, 15 years ago.”

Adair uses Mike Pence as an example of the way today’s political incentives change people. They had been neighbors when Pence was in Congress, and Adair saw him then as “a typical politician who would occasionally shade the truth.” When he was Indiana governor, Adair watched his lies grow. “By the time he became Donald Trump’s vice president, he was almost unrecognizable to me.”

The question, of course, is “what can we do?” Here are Adair’s closing paragraphs:

If politicians lie because they believe they’ll score more points than they’ll lose, we have to change the calculus. Tech and media companies need to create incentives for truth-telling and deterrents for lying. Platforms of all kinds could charge higher ad rates to candidates who have the worst records among fact-checkers. Television networks could take away candidates’ talking time during debates if they’re caught lying.

But these reforms will demand more than just benign corporate intervention. They’ll need broad, sustained public support. Voters may not be willing to place truthfulness over partisan preference in every case. But more will have to start caring about lies, even when their candidate is the culprit.

Amen.

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The Scorecard

There’s a standard sentence in investment prospectuses: past performance is no guarantee of future returns.

That is obviously a fair point when you are considering the purchase of stock; it’s far less persuasive when you are casting a vote. In fact, when one candidate is an incumbent, checking past performance is usually an excellent guide to the positions that candidate will take in the future.

Recently, an article in The Indiana Citizen highlighted a Common Cause scorecard on an element of past performance of Indiana’s Congressional delegation–their votes to protect the country’s democratic institutions.

The fifth biennial scorecard compiled by Common Cause rated seven of Indiana’s nine U.S. representatives and two U.S. senators as doing little to preserve democracy during the 118th Congress.

Common Cause, a nonpartisan watchdog, focused on 10 democracy-related bills in the U.S. Senate and 13 in the U.S. House, covering such topics as voting rights, election security, ballot access and ethics reform for the U.S. Supreme Court when rating the federal lawmakers in its 2024 Democracy Scorecard. Then the organization examined the record of every congressional member to determine whether he or she took a “pro-democracy” stance on these issues.

Reps. Frank Mrvan and Andre Carson, Democrats representing  the 1st and 7th congressional districts, respectively, were the only members in Indiana’s congressional delegation who achieved near-perfect scores. Carson took a pro-democracy position on 12 of the 13 bills while Mrvan took a pro-democracy position on 11 of the 13 bills, according to the Common Cause scorecard.

Unsurprisingly, three Hoosier Republicans –- Sens. Mike Braun and Todd Young and Fifth District Rep. Victoria Spartz– rated a zero. Braun is currently running for Governor, and Spartz–despite indicating earlier that she didn’t intend to run again– is once again a candidate for the 5th district seat.

The other six members of Indiana’s congressional delegation – all of whom are also Republicans – received low scores, although not zeros. Reps. Rudy Yakym, of Indiana’s 2nd Congressional District, Jim Banks, of the 3rd District, James Baird, of the 4th District, Greg Pence, of the 6th District and Erin Houchin, of the 9th District took pro-democracy stances on just one of the 13 bills. Retiring Rep. Larry Bucshson, of the 8th Congressional District, earned a score of 2 out of 13.

The article quoted Aaron Dusso, chair of the Department of Political Science at IU-Indianapolis, and his reference to the 2018 book, “How Democracies Die.” That book was published in 2018 by Harvard University political scientists Steven Levitsky and Daniel Ziblatt, and it was widely reviewed and discussed. It focused on measures of democratic health, and especially on four major threats to democracy– rejection of democratic rules; denial of political opponents’ legitimacy; tolerance of political violence; and willingness to curtail freedoms, particularly of the press. Since 2016, MAGA Republicans have increased their support for all four, ramping up efforts at vote suppression and gerrymandering, supporting Trump’s “big lie while making phony claims about non-citizens voting and his threats to jail political opponents, telling pollsters that violence “may be necessary” and unremittingly attacking the mainstream media.

Elected GOP officials aren’t doing the people’s work, either.

The scorecard is rating the members of the 118th Congress, which Common Cause called “one of the most dysfunctional in American history.” Through Aug. 15, 2024, just 78 standalone bills – or 0.5% of all the bills introduced in the 118th Congress – have become law, according to Common Cause. This compares to the 116th and 117th Congresses, in which 2% of the bills introduced became law and the 114th and the 115th Congresses in which 3% of the bills passed to the president’s desk.

In fact, Common Cause asserted that in its first year, the 118th Congress turned in the least-productive first year performance of any Congress in nearly a century.

Dusso pointed out that politicians typically act and vote in ways they think their constituents want. When lawmakers continue getting elected, they are justified in thinking that they are fulfilling voters’ wishes.

“It’s probably our fault that this is what’s happening,” Dusso said. “We’re willing to tolerate these types of things and we continue to elect individuals and we continue to elect a Congress that isn’t able to pass bills in any real serious way. And, that doesn’t seem to be changing anytime soon.”

I know Aaron Dusso to be a brilliant scholar, but I’m hopeful that his last sentence is wrong–that this will be the year when We the People begin a long-overdue change, the year we eject incumbents who have failed to respect either the Constitution or the democratic process.

Mike Braun and Jim Banks are clearly unworthy of the promotions they seek, and the others who have failed to protect American democracy should not be returned to Congress to do more damage.

We can do better.

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When The Speaker Of The House Talks To God…

On October 9th, I will join the Reverend Beau Underwood on a panel moderated by retired lawyer Don Knebel, to discuss why Christian Nationalism is a threat to democracy. (You can access information about that zoom event here.) Regular readers of this blog already know my concerns about the rise of Christian Nationalism–concerns shared by numerous members of the Christian clergy, who point out that the movement is many things, but “Christian” isn’t one of them.

The problem with much of the discussion of this troubling movement is that it tends to be future oriented–to stress the likely results if adherents gain political power. But as a recent article by Dana Milbank in the Washington Post makes clear, Christian Nationalists already occupy powerful positions in Congress, and are largely responsible for the current inability of that body to function properly.

Six weeks after his improbable rise from obscurity to speaker of the House in late 2023, Louisiana’s Mike Johnson decided to break bread with a group of Christian nationalists. He gave the keynote address (at the Museum of the Bible) to the National Association of Christian Lawmakers, a group whose founder, “proud” Christian nationalist Jason Rapert, has said: “I reject that being a Christian Nationalist is somehow unseemly or wrong.”

Rapert’s organization promoted the pine-tree “Appeal to Heaven” flag, which was among the banners flown at the “Stop the Steal” rally on Jan. 6, 2021 — and which, by total and remarkable coincidence, was proudly displayed outside Johnson’s congressional office.

The article noted that remarks by the event’s speakers and award recipients included: a man who proposed that gay people should be forced to wear labels across their foreheads, a woman who blamed gay people for Noah’s flood and other natural disasters, and forthright adherents of “dominionist” theology, which holds that the United States should be governed under biblical law by Christians.

“I’ll tell you a secret, since media is not here,” Johnson teased the group, unaware that his hosts were streaming video of the event. Johnson informed his audience that God “had been speaking to me” about becoming speaker, communicating “very specifically,” in fact, waking him at night and giving him “plans and procedures.”

God, you see, is taking Johnson across our “Red Sea moment” to the promised land. Unfortunately, as the article noted,

In 11 months as speaker, Johnson has led the House Republicans not to the promised land but into deeper water, where they have been thrashing, splashing and dog paddling without end. Johnson inherited a dysfunctional House GOP majority from Speaker Kevin McCarthy — the first in history to be ousted midterm — and managed to make it even worse by catering to the whims of former president Donald Trump even more than his predecessor had.

Milbank proceeded to remind readers just how dysfunctional this Congress has been, noting that It is “on course to be the do-nothingest since 1859-1861 — when the Union was dissolving.” It’s one thing to be a “do-nothing” legislative body, but as Milbank notes, Johnson’s House “isn’t merely unproductive; it is positively lunatic.”

Republicans have filled their committee hearings and their bills with white nationalist attacks on racial diversity and immigrants, attempts to ban abortion and to expand access to the sort of guns used in mass shootings, incessant harassment of LGBTQ Americans, and even routine potshots at the U.S. military. They insulted each other’s private parts, accused each other of sexual and financial crimes, and scuffled with each other in the Capitol basement. They screamed “Bullshit!” at President Joe Biden during the State of the Union address. They stood up for the Confederacy and used their official powers to spread conspiracy theories about the “Deep State.” Some even lent credence to the idea that there has been a century-old Deep State coverup of space aliens, with possible involvement by Mussolini and the Vatican. 

What about the bills this sorry assemblage has passed? Well, they did manage to enact the Refrigerator Freedom Act, the Gas Stove Protection and Freedom Act and the Stop Unaffordable Dishwasher Standards (SUDS) Act.  Milbank notes that on at least seven occasions, House Republicans even voted down their own leadership’s routine attempts to begin floor debates.

These people are not serious policymakers. They are performative wannabe’s–think Marjorie Taylor Greene or Jim Jordan or Jim Banks and several others–all of whom profess to be Christian Nationalists, and all of whom are playing to a MAGA base that is disproportionately Christian Nationalist, uninterested in policy, and dismissive of constitutional principles.

Christian Nationalism isn’t just a threat to our future. It is a threat to America in the here and now.

In November, we need to purge it from our governing institutions.

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A Rerun

I particularly enjoy visiting the “your memories” function on Facebook (mostly for the pictures of grandchildren when they were younger and me when my hair was still black…). The other day, however, those memories included several comments referencing a post from 2017. I reread it, and concluded that it continues to be relevant–especially as we approach a pivotal election. So today, I’m taking the day off and reposting “Tribalism Versus Americanism.”

Think of it as a very late summer re-run.

____________

We Americans are a cantankerous and argumentative lot. We hold vastly different political philosophies and policy preferences, and we increasingly inhabit alternate realities. Partisans routinely attack elected officials—especially Presidents—who don’t share their preferences or otherwise meet their expectations.

Politics as usual. Unpleasant and often unfair, but—hysteria and hyperbole notwithstanding– usually not a threat to the future of the republic. Usually.

We are beginning to understand that Donald Trump does pose such a threat.

In the wake of Trump’s moral equivocations following Charlottesville, critics on both the left and right characterized his refusal to distinguish between the “fine people” among the Nazis and KKK and the “fine people” among the protestors as an assault on core American values. His subsequent, stunning decision to pardon rogue sheriff Joe Arpaio has been described, accurately, as an assault on the rule of law.

It’s worth considering what, exactly, is at stake.

Whatever our beliefs about “American exceptionalism,” the founding of this country was genuinely exceptional—defined as dramatically different from what had gone before—in one incredibly important respect: for the first time, citizenship was made dependent upon behavior rather than identity. In the Old World, countries had been created by conquest, or as expressions of ethnic or religious solidarity. As a result, the rights of individuals were dependent upon their identities, the status of their particular “tribes” in the relevant order. (Jews, for example, rarely enjoyed the same rights as Christians, even in countries that refrained from oppressing them.)

Your rights vis a vis your government depended upon who you were—your religion, your social class, your status as conqueror or conquered.

The new United States took a different approach to citizenship. Whatever the social realities, whatever the disabilities imposed by the laws of the various states, anyone (okay, any white male) born or naturalized here was equally a citizen. We look back now at the exclusion of blacks and women and our treatment of Native Americans as shameful departures from that approach, and they were, but we sometimes fail to appreciate how novel the approach itself was at that time in history.

All of our core American values—individual rights, civic equality, due process of law—flow from the principle that government must not facilitate tribalism, must not treat people differently based upon their ethnicity or religion or other marker of identity. Eventually (and for many people, reluctantly) we extended that principle to gender, skin color and sexual orientation.

Racism is a rejection of that civic equality. Signaling that government officials will not be punished for flagrantly violating that foundational principle so long as the disobedience advances the interests of the President, fatally undermines it.

Admittedly, America’s history is filled with disgraceful episodes in which we have failed to live up to the principles we profess. In many parts of the country, communities still grapple with bitter divisions based upon tribal affiliations—race, religion and increasingly, partisanship.

When our leaders have understood the foundations of American citizenship, when they have reminded us that what makes us Americans is allegiance to core American values—not the color of our skin, not the prayers we say, not who we love—we emerge stronger from these periods of unrest. When they speak to the “better angels of our nature,” most of those “better angels” respond.

When our leaders are morally bankrupt, all bets are off. We’re not all Americans any more, we’re just a collection of warring tribes, some favored by those in power, some not.

As the old saying goes: elections have consequences.

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The Theocracy At The Center of Project 2025

A writer for The Guardian recently read the entire 900+/- pages of Project 2025, rather than relying on what she called “snippets.” What she found was even more appalling than the various excerpts most of us have seen.

Basically, the Project lays out a road to theocracy.

The document repeatedly characterizes America as a country poisoned by “wokeness.” And it proposes, as an antidote to “wokeness,” remaking the government in accord with a fundamentalist version of Christianity.

Across multiple agencies, it would make access to abortion infinitely more difficult. It would change the name of the federal health and human services department to the “Department of Life”. It would criminalize pornography. There would be mass deportations and curtailments of legal immigration programs, including Daca. It would dismantle the Department of Education.

Throughout the manifesto, authors also recommend ways to increase funding for religious organizations by giving them more access to government programs – largely through increased use of school vouchers that could go to religious schools or by modifying programs like Small Business Administration loans to make religious groups eligible for funding.

In some parts, the project takes a more explicit Christian worldview. In the chapter about the Department of Labor, the manifesto suggests a communal day of rest for society because “God ordained the Sabbath as a day of rest”. One way to enforce this idea would be for Congress to require paid time-and-a-half for anyone who works on Sundays, which the project calls the default day of Sabbath “except for employers with a sincere religious observance of a Sabbath at a different time”.

In nearly all chapters, there is a mention of driving out any forces that seek to increase diversity in the federal government. And whenever LGBTQ+ rights are mentioned, it is to say there should be fewer of them.

Heritage might just as well have named Project 2025 “Project Christian Nationalism.” The document doesn’t stop with the enumeration of goals, either–it outlines the practical steps that would enable a Trump Administration to reach those goals.

Achieving the goal of “Christianizing” America would be the task of loyalists who would replace civil servants–as has been reported, Project 2025 advocates reclassifying thousands of federal jobs as “political” rather than non-partisan, in order to replace the civil servants who are currently doing those jobs with Trump loyalists.

The effort would also require taking control of the census.

The census helps decide how federal resources should be allocated to communities, but, for our purposes here, it’s most relevant that census data is used to decide how to divvy up seats in the US House and make electoral maps during decennial redistricting done by states. The census can alter the balance of power in statehouses and in Congress.

Given its influence, the project suggests an incoming conservative president needs to install more political appointees to the census bureau and ensure ideologically aligned career employees are “immediately put in place to execute a conservative agenda”. The next census isn’t until 2030, but plans for it are already under way.

That conservative agenda includes adding a citizenship question, something Trump tried to do for the 2020 census but was blocked by the US supreme court. The project says “any successful conservative Administration must include a citizenship question in the census.”

The project also suggests reviewing and possibly curtailing plans to broaden the race and ethnicity categories because “there are concerns among conservatives that the data under Biden Administration proposals could be skewed to bolster progressive political agendas.”

There is much more, of course, but the quoted material is enough to raise the hair on the back of my neck, and probably the necks of most rational Americans.

Those of us tempted to dismiss Project 2025 as a theocratic fever dream unlikely to be realized even in a Trump administration need to understand that the people committed to imposing their beliefs on the rest of us are nothing if not patient. They worked for fifty years to overturn Roe v. Wade. If Trump wins, their wait will be shorter–as the article notes, to the (very limited) extent that Trump has enumerated any policies (or would recognize one if he encountered it), they’ve aligned with those in Project 2025. Even if he loses narrowly, they will be encouraged to dig in.

Even a massive loss–a Blue Wave–will only slow them down. They will bide their time and continue trying to “return” the country to a place that existed only in their twisted imaginations. Americans who want to protect our constitutional system will need to stay perpetually alert.

As the saying goes, eternal vigilance is the price of liberty.

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