Category Archives: Public Policy and Governance

Some Very Good Ideas

One of the (depressingly few) public servants I really admire is Adam Schiff, who comported himself with dignity during Trump’s four years of monkey-poo-throwing antics. Schiff is highly intelligent and measured–attributes too few Congresspersons these days seem to share.

For example, rather than focusing solely on accountability for Trump, Schiff is trying to change the flaws in the system that enabled Trump’s authoritarianism and grifting.

According to columnist Jennifer Rubin, Schiff is proposing a bill to address the longtime accretion of executive power at the expense of Congress.

“While Donald Trump is no longer president, the fault lines he exposed in the foundation of our democracy remain — ready for a future unethical president to exploit,” Schiff said in a statement. “These weaknesses continue to erode the American people’s trust in our democratic institutions and the norms that are essential to a functioning democracy.”

The bill is chock-full of very good ideas. For one thing, it addresses the absolute nature of the Presidential pardon power, requiring the Justice Department to “provide materials to Congress concerning any self-serving presidential pardon or commutation in cases involving the President or his/her relatives, contempt of Congress, or obstruction of Congress.” it also makes it clear that pardons are “things of value” for purposes of federal bribery statutes. And it explicitly prohibits self-pardons by the President.

The bill goes well beyond the pardon power, however. It would suspend the statute of limitations for crimes committed by a president in office. In a move I find particularly important,  it clarifies the reach of the Emoluments Clause would specifically allow Congress to enforce its provisions.

The bill also seeks to end the sort of stalling we saw in the last administration that paralyzed congressional investigations, codifying “a cause of action for Congress to enforce its subpoenas, including those issued to government officials.” The bill also “expedites the judicial process for congressional subpoena enforcement actions; empowers courts to levy fines on government officials who willfully fail to comply with congressional subpoenas; and specifies the manner in which subpoena recipients must comply.

In response to such unilateral action as a president withholding previously appropriated aid (in Trump’s case, to extort Ukraine to produce dirt on his political opponent), the bill strengthens the Impoundment Control Act and beefs up disclosure requirements. Efforts to politicize the Justice Department would be limited by a requirement to keep a log of contacts with the White House and a reporting obligation for the inspector general.

Rubin points out that the bill has provisions that address nearly every Trump offense:  it requires both the president and vice president to disclose the last ten years of their tax returns, and  requires presidential campaigns to disclose foreign contacts. Other provisions protect inspectors general and whistleblowers, and increase penalties for Hatch Act violations.

I can only hope this bill passes. The odds of such passage would seem to be much greater with a Democrat in the White House–the spineless Congressional Republicans who enabled Trump would be likely to balk if a Republican was President, but will arguably be happy to vote for constraints that–at least initially–will apply to a member of the other party.

What is particularly positive about Schiff’s proposal isn’t just the obvious merit of the various provisions. It’s the recognition that the danger posed by Trump’s Presidency weren’t all attributable to his personal inadequacies and corruption. The lack of  sufficiently specific legal constraints made it much simpler for him to act in ways that enriched him and his family. Trump, fortunately, was incompetent. If a smoother, smarter version were to come along, that person could do inestimable harm.

Schiff understands the importance of legal clarity and enforceability. In a very real sense, his bill proposes to amend  James Carville’s famous admonition to read: “it’s the system, stupid!”

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McConnell And Civic Ignorance

I know you are all tired of reading my periodic rants about Americans’ lack of civic/constitutional knowledge. But we are witnessing a perfect example of the damage caused by widespread civic ignorance, and not just on the part of citizens, but on a substantial part of the media.

Mitch McConnell–aka the most evil man in America–is refusing to allow Republican Senators to vote to raise the debt ceiling, or even for cloture–for ending his filibuster of the measure. If the ceiling isn’t raised, the United States will default on its obligations and plunge the world into a financial crisis. (I’m not the only person saying that–Janet Yellen, among others, has been making that point.)

Now, there are two things most Americans don’t understand about the current impasse over raising the debt ceiling.  First of all, a vote to raise the ceiling is not an authorization to spend money. It is an authorization to pay for spending that has already been authorized–permission to borrow the money needed to pay for things that the Congress has previously voted to do. (It’s actually a weird sort of holdover vote that could well be dispensed with, but that’s a different conversation.) So pious pronouncements about fiscal responsibility as an excuse for failing to raise the ceiling are the stuff excreted by bulls.

Second, even fewer people understand how the arcane rules of the Senate have enabled McConnell to play an anti-democratic and truly despicable  game of chicken.

You may have seen articles about the current fight in which the pundit or reporter has said that the Democrats could raise the ceiling without the GOP. That’s technically true-but so long as McConnell prolongs the filibuster, such passage would be at the cost of not passing the infrastructure bill. That’s because the only way Democrats could raise the ceiling without Republicans ending their filibuster is through reconciliation, which cannot be filibustered. But the Democrats get only one chance to pass a bill through reconciliation this year, so using that one chance to save the country from default would force them to dump the immensely popular infrastructure bill, which–thanks to McConnell and the filibuster– can also only be passed through reconciliation.

And that is McConnell’s game of chicken.

He’s counting on the Democrats to jettison their most important piece of legislation (which he continues to filibuster) in order to avert a national disaster. He is counting on the ignorance of the public–and a sizable portion of the media–to obscure the naked evil of this tactic. If–as he clearly hopes–the Democrats once again act like the adult in the room, and save us from a fiscal calamity, very few Americans will understand why the promised infrastructure bill didn’t pass; they will join the chorus of uninformed observers blaming the internal divisions of the Democrats for their inability to get the job done.

Others–including most recently President Biden– have pointed out that McConnell’s Republicans raised the debt ceiling three times under Trump –and not so incidentally added $7.8 trillion to the national debt. Anyone who thinks this current intransigence is about fiscal responsibility is smoking something really strong.

It is past time to call the bluff, eliminate the filibuster and get rid of a debt ceiling vote that only authorizes paying Uncle Sam’s bills. But those things aren’t likely to happen this month–so unless there is some Republican Senator willing to put country before party (unlikely), we are once again on the brink of being a failed state.

There is a reason Mitch McConnell is a hated man.

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Urban Symbolism

There are a number of elements that tend to reinforce America’s increasing urban/rural divide–the sorts of differences that emerge among people who live in areas that are more or less densely populated. But we shouldn’t overlook the influence of symbolism–longtime images of dubious accuracy that have cemented our mental images of the country’s cities and countrysides.

Probably the strongest image that comes to mind when we hear the word “countryside” is bucolic–something between “Green Acres” and “Little House on the Prairie.” Mention “small town America” and we think “Mayberry.” Urban imagery is very different and much darker–as Paul Krugman pointed out in a column back in July, we tend to call up the various hellholes portrayed on television and in works of fiction.

But why do so many Americans still believe that our major cities are hellholes of crime and depravity? Why do so many politicians still believe that they can run on the supposed contrast between urban evil and small-town virtue when many social indicators look worse in the heartland than in the big coastal metropolitan areas?

To be sure, there was a national surge in homicides — although not in overall crime — during the pandemic, for reasons that remain unclear. But New York is still safer than it was a decade ago, vastly safer than it was 30 years ago, and, for what it’s worth, considerably safer than, say, Columbus, Ohio.

These stereotypes persist, despite the fact that, if anything, the roles have been reversed. While cities continue to have the challenges that occur when large numbers of people live together, emerging data locates more serious problems in the much-storied “heartland,” where–as Krugman noted– large numbers of men in their prime working years don’t have jobs and where “deaths of despair” have been steadily increasing.

If the waning accuracy of our urban/rural mythology was simply a product of imagery lagging reality, that would be one thing. But as Krugman and others have pointed out, the Republican insistence on the accuracy of that imagery is having destructive, even deadly effects on policy.

Some reporting suggests that one of the reasons the Trump administration downplayed the Covid-19 pandemic in its early stages was the belief that it was solely a large-city, blue-state problem; there were definitely many assertions that the risk was severe only in places with dense populations. And there were many pronouncements — some of them with an unmistakable tone of glee — to the effect that the pandemic would kill big cities and the states that contain them.

Of course, the harm done goes well beyond Trump’s fatally-flawed pandemic response. Support for the GOP is disproportionately rural, and the party responds to that reality by insisting to its rapidly radicalizing base that the inhabitants of rural America (overwhelmingly White and Christian) are the “real” Americans–and that their tax dollars are being siphoned off to support urban neer-do-wells.

Besides helping to cripple our pandemic response, the myth of rural virtue and urban vice means that many Republican voters seem unaware that they are among the major beneficiaries of the “big government” their party says it wants to eliminate. That is, they still imagine that the government spends money on urban welfare recipients, not on people like them.

For example, do red-state voters know that federal spending in their states — much of it taking the form of benefits from Social Security and Medicare — greatly exceeds the taxes they pay to Washington? In Kentucky, the most extreme example, the annual inflow of federal money per capita is $14,000 greater than the outflow.

Meanwhile, those of us who live in those urban hellholes of Republican imagination enjoy the benefits that only density can provide–not just the inviting coffee shops, restaurants and bars, multiple entertainment and education options, bike paths, parks and museums that are the stuff of tourism advertisements, but the salutary lessons to be learned through interaction with people who are, to varying degrees, unlike ourselves.

There are plenty of downsides to both urban and rural life, and good policy should address them. We need to figure out how to provide healthcare and stimulate economic development in rural areas. We need to improve police training and provide more affordable housing in our cities. Etcetera. But–as with so many of the truly serious challenges we face–we can’t solve problems we adamantly refuse to see.

Substituting mental images for complicated realities obscures our vision of both urban and rural America.

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Voter Turnout

A good friend and former colleague of mine moved back to Canada a few years ago, to accept a prestigious position. (I say “back” because he was originally from Canada. He’d married a U.S.Citizen, obtained joint citizenship, and for many years was a highly respected bioethicist at U.S. institutions of higher education.) We continue to correspond, and in the wake of Canada’s recent election, he sent me a column from a Canadian newspaper, bemoaning that election’s low turnout.

He also sent the results of a Google search for turnout percentages in both the U.S. and Canada. (You know what’s coming, don’t you??) Here’s a portion of his message:

I did find it charming that the article bemoaning low Canadian turnout (which this year was a historical low at ~58%) is still significantly higher than in the US. 
 
Apart from the Trump v Hilary election in 2016 when it was 50%, the last time US voter turnout was above 50% was in 1912 if I am reading the charts correctly. 
 
Worth pondering, eh?

The newspaper article quoted Canadian political observers on the possible reasons for what the Canadians considered “depressed” turnout. The pandemic was one possibility, and attitudes about the need for this particular election were also mentioned. But the observation that really struck me was this one:

“We’ve historically had really high trust in our democratic institutions, in our election process … and I think that the challenges that they faced in this election are going to take some time to rebuild confidence in our elections.”

That prompted me to consider just where we are in today’s U.S. If turnout depends upon trust in the integrity of the electoral system, what can we expect in the wake of the GOP’s Trumpian assault on that integrity?

If a decision to vote requires trust– trust that one’s vote will count, trust that the election is being honestly run, trust that there is a meaningful difference between the candidates for office, trust that the people who’ve earned your vote will do their best to follow through on their promised agendas–what happens when a significant portion of the GOP believes, in the face of all evidence to the contrary, that voter fraud is rampant and the 2020 election was rigged?

It isn’t just trust in the administration of elections–trust in government has been steadily ebbing in the US. The evidence goes well beyond our pathetic voter turnout figures. If that meant that we could count on a direct correspondence between low turnout and the distrust that has led to virulently anti-government sentiment, we might expect a lot of Republicans to stay home in 2022 and 2024 (and from my perspective, that would be a very good thing).

But of course, it’s never that simple.

One of the regular readers of this blog sent me a You Tube interview between a scholar with the Humphrey School of the University of Minnesota and  Stan Greenberg, the former Yale professor who’s been a Democratic pollster pretty much forever. Greenberg explained Trump’s 2016 win by pointing out that his racist appeal had generated turnout from people who’d never before voted—and according to his research, those previous non-voters remain engaged.

Evidently, they do have trust–trust that the current iteration of the GOP will protect White Christian dominance.

One of the oldest and truest rules of politics is that turnout is everything. It doesn’t matter how many Americans agree with party A or party B–as the saying goes, the only poll that matters is the one on Election Day.

The only way to ensure robust turnout of voters for what is currently the only sane party is for the Democrats to pass their agenda–especially the expansive infrastructure bill and the voting rights bill–and demonstrate that government can work, that Democrats can be trusted, that the right to participate in democratic deliberation via the ballot box can be protected.

To be clear, I’m not saying the Democrats are right about everything, only that they are currently the only sane option. We are truly at an inflection point, and constitutional government is in the cross-hairs.

Meanwhile, the Earth keeps warming, the GOP is now entirely the party of the batshit crazies, and I am very afraid that the Democrats will be unable to control their circular firing squad.

The world my grandchildren will inherit looks very scary….

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Preparing For Climate Change

A week or so ago, I suggested that it was time–past time, actually–to rethink federalism. Not to dispense with it, but to reconsider which governance tasks should be left to state and local governments and which must be tackled at the federal (or even global) level.

The problem with nationalizing too many issues is that sending authority to Washington effectively demoralizes local activists working on those issues. If the only people who have authority to do X or Y are far removed, the result is likely to be those feelings of powerlessness I’ve been writing about.

The problems with keeping too much local control over issues more properly addressed at the federal level include lack of impact and incentives for all sorts of mischief–see vote suppression..

There are also an increasing number of issues where we need all hands on deck. When it comes to overwhelming problems like climate change, even enlightened national/global efforts will require equally enlightened local measures. And individuals really can affect local decision-making.

A recent report from Inverse highlighted the resilience efforts of five cities, providing an “instruction manual” of sorts–a delineation of local measures that can make a positive difference. As the article noted, despite the grim evidence of impending climate catastrophe,

 there are a few cities whose leaders have taken proactive measures to adapt their cities and protect their residents from the climate crisis. These cities serve as models for how we can modify and strengthen our built environments, reduce human suffering, and protect urban centers from the effects of a warming planet.

Fukuoka, Japan has been adding green spaces, including parks, community gardens and green roofs. It decides where to site those spaces based on surveys of windflow through the city and other measurements to determine the most effective places to plant trees and maintain parks. These green spaces reduce extreme heat and help absorb water runoff during periods of intense rainfall.

Rotterdam, in the Netherlands, is growing plants along railways to absorb flooding and reduce heat, and developing ‘water squares’ that can absorb rainfall and ease the stress on sewage systems.

Ahmedabad, India (a city of 7.2 million that I’d never heard of) was included for its “cool roofs” initiative.

This entails using eco-friendly building materials — such as coconut husk and paper waste — and cheap lime-white paint to deflect sunlight away from buildings. This keeps residents cool. According to Madan, cool roofs reduce indoor temperatures lower by 3.6 – 9° F.

Copenhagen, Denmark has pledged to become the first city to go fully carbon neutral by 2025. It has made substantial progress toward that goal: 49 percent of all trips in the city are by bike, and 98 percent of the city’s heating comes from waste heat from electricity production. Seawater cooling measures have removed an estimated 80,000 tons of carbon dioxide from the city’s atmosphere.

Here in the United States, Chicago, believe it or not, was one of the five cities cited in the report. Chicago made the list because is was an early adopter of green stormwater infrastructure, and a developer of urban vertical farms.

In 2014, under then-Mayor Rahm Emanuel, the city developed a $50-million, five-year green stormwater infrastructure plan with the aim of reducing basement flooding and water pollution and improving environmental quality and climate resilience.

Some of the key features of Chicago’s plan included capturing, storing, and filtering water through green techniques rather than channeling it into storm drains; investing in permeable, or more water-absorbent, pavement to reduce flooding; compiling rainfall frequency data to better predict flooding; and offering resources on green design to maintain water runoff and reduce flooding through rain gardens and natural landscaping.

The city also plays host to one of the world’s largest urban vertical farms, which grows vegetables in a 90,000-square-foot facility. Chicago made this urban vertical farm possible by changing its zoning laws.

The linked article not only highlights these cities, but includes suggestions for how other urban centers might emulate them.

We are finally, if belatedly, recognizing the threat posed by climate change, and large numbers of citizens–especially but not exclusively young ones–are coming together to combat it. Working at the local level on measures targeted to the specific threats faced by those localities can not only help ameliorate the effects of an over-heating world, it can give citizens an opportunity to work together to effect important changes.

Ultimately, the ability to actually do something–something that clearly matters– to work with our neighbors to ameliorate a threat we all face (and that, increasingly, we all recognize) can help us overcome the extreme polarization that has paralyzed our government.

After all, there’s nothing like a common enemy to bring people together.

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