Public Policy and Governance – Page 136

ALEC Again

The American Legislative Exchange Committee, familiarly known as ALEC, has come in for substantial criticism as its formerly-secretive operations have become more public. Most of those criticisms have focused upon its success in working with Republican legislators to create state-level policies that benefit businesses and corporations–often at the expense of working Americans and the poor.

Formed in 1973, ALEC was virtually invisible until 2011, when media reports on its activities and priorities–reducing regulation and individual and corporate taxation, combating illegal immigration, loosening environmental regulations, tightening voter identification rules, weakening labor unions, and opposing gun control–brought it unwanted attention, and prompted the departure of several corporate members.

The Guardian has recently reported another priority–an accusation that ALEC fosters White Supremacy.

AlEC, the rightwing network that brings conservative lawmakers together with corporate lobbyists to create model legislation that is cloned across the US, has been accused of spreading racist and white supremacist policies targeted at minority communities.

A report published on Tuesday by the Center for Constitutional Rights (CCR) and other advocacy groups charges Alec with propagating white supremacy.

In one of the sharpest criticisms yet levelled at the controversial “bill mill”, the authors warn that “conservative and corporate interests have captured our political process to harness profit, further entrench white supremacy in the law, and target the safety, human rights and self-governance of marginalised communities”

The report came as ALEC was preparing for its four-day Policy Summit in Scottsdale, Arizona. The agenda for that meeting included sessions on several of ALEC’s “core principles” including “election integrity” (more properly called vote suppression), privatization of education and support for homeschooling, and protection for pharmaceutical companies (because Big Pharma needs so much protection….)

The event’s dinner was jointly hosted with the Alliance Defending Freedom, which the Guardian identified as “an anti-LGBT coalition devoted to re-criminalizing homosexuality in the US in the name of Christianity.”

ALEC was also responsible for the passage of 2010 Arizona law SB1070, which initiated what was then the most extreme crackdown on undocumented migrants in the entire country. The measure was patterned after a “model bill” drafted at the ALEC conference the previous year.

The CCR report characterized ALEC as a “shadow state apparatus” in which “private industry seizes control of the authority of the state, writing legislation and public policy for the general public behind the closed doors of a CEO suite,” and it identified four policy interventions that work to advance White Supremacy: “Stand Your Ground” laws (studies show that states having such laws are much more likely than states without them to rule homicides justifiable in cases of white-on-black killings); voter ID laws (overwhelmingly shown to disproportionately disenfranchise minority and poor voters); “critical infrastructure” bills (these bills criminalize efforts to protest contested infrastructure construction like the Dakota Access pipeline); and efforts to ban criticisms of Israel on college campuses.

These positions would be cause for concern coming from any organization, but they are truly dangerous coming from ALEC, because its partnership with state-level Republicans has been both secretive and wildly successful.

Bill Meierling, ALEC’s head of External Relations, boasts that

“Alec is routinely targeted because its member legislators are nearly 300% as effective as any other group of elected officials. In fact, this year, USA Today reported that of 10,000 bills analyzed in state legislatures from 2010-2018, 2,900 were based on Alec model policy and more than 600 became law.”

That’s a statistic that makes the hair on my neck stand up.

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Mourning The Loss Of Republicans Like Bill Ruckelshaus

Back when I was a Republican, the party included statesmen like Bill Hudnut, Dick Lugar and Bill Ruckelshaus, all of whom I was privileged to know. With the death of Ruckelshaus last week, all are now gone, along with the intelligent, ethical service they exemplified.

A couple of days ago, a friend sent me a column from Counterpunch, in which a reporter who had interviewed Ruckelshaus in 2006 reprinted the questions and answers from that interview.

“Ruck” is best known for his principled refusal as a Deputy A.G. to follow Nixon’s orders and dismiss the then-Special Prosecutor (in what has come to be known as the “Saturday Night Massacre”), but he was also the first administrator of Nixon’s EPA. (Yes, the EPA was established by a Republican President…How times have changed…)

For that reason, this particular interview focused upon environmental issues. From his answers, it was obvious that Ruckelshaus was scientifically knowledgable and passionate about the environment. He also displayed enormous insight into the policy process.

The first question asked by the reporter was “What is the greatest obstacle to implementing effective environmental policies?’

Ruckelshaus: Public distrust of the federal government. Unless the people can place some minimal degree of trust in their governmental institutions, free societies don’t work very well. To me, this is the central ugly fact confronting the government of the United States. The more mistrust by the public, the less effective government becomes at delivering what people want and need.

This is an important insight. The lack of public trust in governance is a significant reason for America’s current polarization. I’ve done some research on the trust issue–in 2009, I wrote a book, Distrust, American Style, in which I described some of the negative social consequences attributable to a pervasive lack of trust in government and other social institutions. (I also noted that “Fish rot from the head”…)

Particularly refreshing was Ruckelshaus’ answer to the question “What specifically do you think the U.S. should be doing in the area of environmental protection that it isn’t doing?”

I think we should adopt a Policy #1 that global warming is a real problem, and we are a major contributor to carbon in the atmosphere and we need to take serious steps to reduce it.

We should have some kind of Manhattan-style Project to find out how to a generate energy using less carbon and every form of energy should be open, including nuclear. Nuclear power is not economical right now and it also scares people to death, even though we have generated 20 percent of our electrical energy in this country using nuclear power for a long time and are likely to be generating something like that over the next 15 to 20 years when these plants are scheduled to phase out. But other alternative forms of energy, including really getting serious about conservation, can all be done within economic good sense.

Several other answers were notable both for their directness and Ruckelshaus’ obvious depth of knowledge. He described “politics” as the predictable reaction to regulations that threatened to diminish an existing benefit valued by a lawmaker’s “constituency.” (Constituency, in this case, is “special interest” i.e., clean air versus oil subsidies…)

In his last response, Ruckelshaus returned to the issue of trust. Asked whether he would consider a hypothetical offer to return to the top position at the EPA, he said probably not–that

in order to get constructive change in either our environmental laws or the way they’re administered, you have to have a fairly high degree of public trust. But if the public didn’t believe you and thought your decisions were favoring some constituency that the president had, it’s very hard to make any progress.

That, of course, is a perfectly accurate description of where we find ourselves today.

No one in his right mind believes that Trump gives a rat’s hindquarters about the environment–or, for that matter, that he knows anything at all about science or climate change or the government’s responsibility to safeguard the air and water. The EPA is currently being run by a former coal lobbyist, and there is plenty of reason to believe that, in this administration, rules are only being made–or more accurately, relaxed and repealed–to “favor some constituency.”

The contrast between Republicans like Ruckelshaus and today’s Trump sycophants is sobering. If you care about America, it’s heartbreaking.

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Charities Take A Hit

Yesterday was “giving Tuesday,” and inboxes everywhere were inundated with solicitations, prompting me to consider America’ charitable landscape.

I had recently come across a July, 2019 article published by Marketwatch (not exactly a Marxist publication), reporting the effects of the Republican tax bill on charitable giving. The lede tells the story:

New data on Americans’ tax returns adds to the growing body of evidence that charities are taking a hit as a result of Trump’s overhaul of the tax system.

Taxpayers have itemized $54 billion less in charitable contributions so far this tax season compared to the previous year, according to new IRS stats.

The tax act–signed by Trump in December of 2017– doubled the standard deduction. (As most readers of this blog are aware, the standard deduction is the amount taxpayers can subtract from taxable income to reduce their tax bill, without having to itemize.) Taxpayers can still choose to itemize, but there’s less incentive to do that. Nonprofit scholars predicted at the time that a higher standard deduction would lead to fewer taxpayers itemizing, and that, in turn, would lead to fewer people making charitable donations in order to get a deduction.

Of course, the lack of reported donations doesn’t necessarily mean a lack of actual donations; it is highly likely that people accustomed to giving smaller amounts, or contributing to favorite causes, have continued doing so despite the lack of a tax incentive.

Studies do suggest, however, that charitable giving has taken a not-insubstantial hit. (1.7% doesn’t sound like much, but when the numbers are this big, it represents a significant chunk of change.)

Charities took in an estimated $427.71 billion overall in 2018. When adjusted for inflation, the figure represented a 1.7% decline in overall giving, according to Giving USA, an annual report on philanthropy released last month. The Giving USA estimates are made before final tax data is available, and its estimates are revised and updated as final tax return information about itemized deductions made by individuals, corporations, and estates becomes available.

The data on which the article is based is only for a part of the first year following the passage of the new tax law, and the long-term effects remain to be seen. But the dollar amount of private-sector support for charities is only one element of a charitable landscape that gets far less attention than the dollars involved.

For example, stories about charitable donations rarely point out that, in the United States, we depend upon nonprofit and charitable organizations to address what economists call “government failure.” (We learn about “market failure” in Econ 101. Less attention is paid to the concept of “government failure.”) In other words, Americans expect charity to respond to a number of social needs which in other countries are met by government programs.

A lot of what U.S. tax law considers “needs” sufficient to justify a tax exempt status are appropriately left to the private sector, but to the extent such needs are real and pressing and widely seen as collective responsibilities, a reduction in charitable giving can cause significant hardship.

Muddying the waters even further is the lack of a bright line between genuinely charitable organizations and profit-making ventures sufficiently “on the line” that they are able to obtain a 501 c 3. Is the hospital that pays its chief executive 400,000+ a year simply distributing what would otherwise be profit as salaries? Are donations to the school’s Little League team truly charitable contributions? What about the gift shop or car wash run by the church?

How elastic is our definition of “charity”?

One of these days (clearly not in my lifetime), American lawmakers are going to have to clarify some things: what are the social welfare services that government must provide? What privately-sponsored endeavors are truly charitable, and deserving of tax-exempt status, and which don’t justify the incentive?

Answering those questions is obviously less critical than ridding ourselves of the loopholes/subsidies that allow businesses like Amazon to avoid paying any tax at all on huge profits–but that doesn’t mean they are unimportant.

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Pardons And Predatory Loans–A Day In Trumpland

Like a broken record, I keep coming back to one question: what can his supporters be thinking?

In just one November week, the President of the United States pardoned three war criminals and endorsed a measure facilitating predatory payday loans. A report in Talking Points Memo has details of both.

President Trump’s pardons: “Sheriff Joe” Arpaio. Michael Behenna. And this week, three convicted or accused murderers: Army 1st Lt. Clint Lorance and Maj. Mathew Golsteyn, both of whom Trump pardoned, and Navy SEAL Eddie Gallagher, who Trump granted clemency.

Gallagher, the best-known of the trio, was acquitted of charges that he murdered an teenage Islamic State captive. But he was convicted of posing with the boy’s body. And his own SEALs testified against him, including SEAL Dylan Dille, who testified that he witnessed Gallagher shoot innocent people with a sniper rifle. Another SEAL under Gallagher’s charge testified, “I shot more warning shots to save civilians from Eddie than I ever did at ISIS.”

“I stuck up for three great warriors against the deep state,” Trump said Tuesday. In this case, that apparently means the Defense secretary, the (fired) Navy secretary and military prosecutors.

If Secretary of the Navy Richard Spencer, who was forced out over his strong denunciation of the pardons, is a member of the “deep state,” then we need more deep state operatives.

In his letter to Defense Secretary Mark Esper, Spencer criticized Trump for interfering on Gallagher’s behalf.

“…I no longer share the same understanding as the Commander in Chief who appointed me, in regards to the key principle of good order and discipline,” he wrote. “I cannot in good conscience obey an order that I believe violates the sacred oath I took in the presence of my family, my flag and my faith to support and defend the Constitution of the United States.”

Among the multitude of concepts that elude our Moron In Chief is the fact that his pardons endanger American troops. If we do not obey the rules of “good order and discipline,” our antagonists will feel no compunction to treat American prisoners humanely. You can visit Lawfare for a perceptive discussion of the other damage these pardons do.

Allowing lenders to profit from imposing outrageous interest rates on those least able to pay them may not be as monumentally evil as encouraging war crimes, but it is appalling nonetheless.

Want to make payday loans in states where it’s outlawed? Rent a bank! Laws governing interest rates on predatory loans vary widely from state to state. Predatory lenders hate that. They want to be able to charge 120% APR in Colorado just like they do in, say, Wisconsin. How do they do that now? They use the bank in Wisconsin to process a high-interest loan that, in all other respects, was effectively carried out through a storefront in Denver. Yes, this really happened, and yes, the Trump administration has taken the banks’ side in the ongoing legal battle.

A 2015 court decision has hampered this effort somewhat for predatory lenders, but the FDIC and the Comptroller of the Currency want to change that, announcing a proposal that would actively promote the practice.

FDIC Chair Jelena McWilliams “is doing the bidding of loan sharks who have a decades-long history of trying to get around state consumer protection rules,” Americans for Financial Reform spokesperson Carter Dougherty observed. “And now a federal regulator is helping them do it.”

These two actions weren’t the only measures the administration took that week to unravel safeguards and undermine the rule of law, but even if they were–even if they stood alone–how do Trump’s supporters defend them? What sort of people continue to wear their MAGA hats, and proclaim that Trump was “chosen by God” and “a better President than Lincoln?”

The only answer I can come up with is: people who believe in a God who wants White Christian men to dominate others, and people who still resent Lincoln for freeing the slaves. (They were, after all, black people.)

I always knew there were some people who held these views. What is heartbreaking is that there are so many of them.

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An Epistemic Crisis

Epistemology is the study of knowledge, justification, and the rationality of belief. Epistemic may not be a word we commonly use, but I think it was entirely appropriate in this Vox headline: “With Impeachment, America’s Epistemic Crisis has Arrived.”

The Vox article focuses on what it calls a “stress test,” and considers whether the right can shield itself from “plain facts in plain sight.”

Unlike Mueller’s report, the story behind the impeachment case is relatively simple: Congress approved military aid for Ukraine, but Trump withheld it as part of a sustained campaign to pressure Ukraine into launching an investigation of his political rival Joe Biden’s family. There’s a record of him doing it. There are multiple credible witnesses to the phone call and larger campaign. Several Trump allies and administration officials have admitted to it on camera. Trump himself admitted to it on the White House lawn.

It’s just very, very obvious that he did it. It’s very obvious he and his associates don’t think there’s anything wrong with it. And it’s very obvious there is something wrong with it. Holding US foreign policy hostage to personal political favors is straightforward abuse of power, precisely the sort of thing the Founders had in mind when they wrote impeachment into the Constitution.

It’s a clearly impeachable pattern of action, documented and attested to by multiple witnesses, confessed to multiple times, in violation of longstanding political precedent and a moral consensus that was, until 2016, universal. Compared to Mueller, that is a much more difficult test of the right’s ability to obscure, distract, and polarize.

The article asks the question that all sane, “reality-based” Americans have been asking ourselves: Can the right-wing propaganda machine successfully keep the right-wing base believing an alternate reality–at least long enough to get through the next election?

Earlier in 2017, I told the story of Donald Trump and the rise of tribal epistemology. Epistemology is the branch of philosophy that has to do with knowing and coming to know things — what counts as true, what counts as evidence, how we accumulate knowledge, and the like. It’s where you find schools of thought like skepticism (we can’t truly know anything) and realism (the universe contains observer-independent facts we can come to know).

Tribal epistemology, as I see it, is when tribalism comes to systematically subordinate epistemological principles.

When tribal interests overwhelm standards of evidence and internal coherence, what is seen as “good for our tribe” becomes the primary determinant of what is true. Who is “part of our tribe” becomes the test of who to trust.

A decades-long effort on the right has resulted in a parallel set of institutions meant to encourage tribal epistemology. They mimic the form of mainstream media, think tanks, and the academy, but without the restraint of transpartisan principles. They are designed to advance the interests of the right, to tell stories and produce facts that support the tribe. That is the ultimate goal; the rhetoric and formalisms of critical thinking are retrofit around it.

It began with talk radio and Fox, but grew into an entire ecosystem that is constantly working to shape the worldview of its white suburban/rural audiences, who are being primed for what the author calls “a forever war with The Libs, who are always just on the verge of destroying America.”

The article is lengthy and well worth reading in its entirety, but the following paragraphs graphically describe what that “epistemic crisis” will look like over the next year:

This is the story of American politics: a narrowly divided nation, with raw numbers on the side of the rising demographics in the left coalition but intensity and outsized political power on the side of the right coalition. Put in more practical terms, the right still has the votes and the cohesion to prevent a Senate impeachment conviction.

On the downslope of a fading, unpopular coalition is not a great place for Republicans to be. It doesn’t augur well for their post-2020 health as a party. But it is enough to get them through the next election, which is about as far ahead as they look these days.

All they need to do is to keep that close partisan split frozen in place. Above all, they need to ensure that nothing breaks through to the masses in the mushy middle, who are mostly disengaged from politics. They need to make sure no clear consensus forms, nothing that might find its way into pop culture, the way the entire nation eventually focused its attention on Nixon’s impeachment.

It’s a kind of magic trick they’re going to try to pull off in full view.

If it succeeds, reality and America both lose.

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