Public Policy and Governance – Page 171

Telling It Like It Is: Election Version

In a riff on the title of the book What’s the Matter with Kansas, Ron Klain’s recent column for the Washington Post was “What’s the Matter with Florida?”

The column could have more accurately headed “What’s Wrong With America’s Electoral ‘System’?” Note the quotation marks around the word system; they’re there because (much like the situation with health care), we don’t have anything that remotely deserves the word “system.”

As the New York Times reported just last Sunday in an article about voting glitches,

Though it wasn’t a 2000 redux, the 2018 midterms exposed persistent problems and the haphazard way the voting process was administered across the country. In Arkansas, three-member boards handle elections at the county level, while in Connecticut all 169 towns and cities use their own registrars.

The inherently political nature of running elections can call into question some officials’ decision-making.

Klain served as general counsel for Al Gore in that 2000 recount effort in Florida; he says he’s often asked why these problems keep happening in Florida.

Part of what we are seeing now in Florida, as we did in 2000, is the product of factors specific to the state: persistently weak election administration in key counties, perennially close and hard-fought elections, and a colorful group of political players that seems ripped from the pages of a Carl Hiaasen novel. But the most important thing to know about what’s happening in Florida is that it has little to do specifically with Florida at all.

Take a step back and look at the big issues playing out in Florida, and what you’ll see, instead of Florida’s foibles, are three critical challenges to American democracy as a whole.

It’s hard to argue with the negative effects of the three challenges Klain identified in his column: we allow “interested” officials to supervise elections; we entrust the electoral process to amateurs and incompetents; and state election systems are poorly run and underfunded.

The recent midterms especially highlighted the first of these. As Klain notes,

Florida’s chief law enforcement officer, Gov. Rick Scott, who is also the Republican nominee in the Senate recount, is in a position to allege crimes by election officials, attempt to seize voting machines and dispatch state troopers to try to intervene in the post-election dispute. But a similar spectacle has been unfolding for months next door in Georgia.

As chief of election administration in Georgia, Secretary of State Brian Kemp— who is also the Republican nominee for governor, in a vote also being contested — stalled more than 50,000 new voter registrations, supported closing more than 200 polling places in predominantly minority areas and purged 1 in 10 Georgia voters from the rolls. In Kansas, Secretary of State Kris Kobach — again, also the Republican nominee for governor — employed many of the same tactics as Kemp, and fell just short of being elected.

These are egregious conflicts of interest, but such conflicts are only slightly less concerning when partisan officials not running for office oversee elections. Those officials have, as the saying goes, “a dog in the fight,” and significant incentives to game the process to favor their political party.

The clusterf**k in Florida also illustrates Klain’s other points: the machine recount in Palm Beach County was hampered because old machines overheated from processing so many ballots; and 30,000 ballots in Broward County recorded votes for state agriculture commissioner but not the U.S. Senate. That weird result turned out to be the result of a poorly designed ballot. More incompetence in the state of the hanging chad….

Klain’s most important point, in my view, is the following:

But again, that’s not just in Florida. While some election misadministration (such as inadequate numbers of voting machines in targeted areas) appears to be a deliberate effort to suppress the vote in minority communities, much Election Day mayhem is caused by systems that are poorly run and underfunded.

No matter how much we hail democracy on the Fourth of July, come November, elections are just another government service: In communities where thin budgets and lax leadership produce scant bus service, slow ambulance response times and unkempt parks, we should not be surprised to find confusing ballots, bad instructions at the polls and slow vote tabulation.

For the past 40 years, Americans have been beating up on the very idea of government. We have voted for people whose proudest “qualification” is that they know nothing about public service, and for people who insist that taxation is “theft” rather than the dues we pay for civilization. We lionize the small percentage of our population who have the means to retreat into gated enclaves and provide for their own comfort and safety.

We the People no longer support government’s most basic obligation: to provide an adequate physical and social infrastructure administered by competent public servants.

It shows. And not just during elections.

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The Wall And The Wave

No, not that wall. The wall that Republican partisan redistricting built to keep Democratic voters out.

A report from Politico in the wake of the midterm elections put it succinctly:the GOP had used partisan redistricting to build a “wall” around Congress; Trump tore it down.

For years, some Democrats said gerrymandering was an insurmountable roadblock to the House majority that couldn’t be cleared until after the 2020 census.

Then along came President Donald Trump.

House Democrats steamrolled Republicans in an array of districts last week, from those drawn by independent commissions or courts, to seats crafted specifically by Republicans with the intention of keeping them in the GOP column.

The overriding factor: a Republican president who political mapmakers could not have foreseen at the beginning of the decade. Trump altered the two parties’ coalitions in ways that specifically undermined conventional wisdom about the House map, bringing more rural voters into the GOP tent while driving away college-educated voters.

I’ve posted numerous times about the ways in which gerrymandering undercuts democratic decision-making, and discourages voter turnout. I’ve also referenced several books and articles detailing 2011’s “RedMap”–the GOP’s most thorough, successful national effort at locking in a Republican House majority. (The book Ratfucked said it all…)

The were two important structural lessons from this year’s midterms.

First, the results confirmed a truism among political operatives and observers: In order to surmount the gerrymandered wall, Democrats would need at least a 7 point vote advantage. Nationally, they got that, and a bit more.

Second–gerrymandering really does matter more than the geography of “sorting” would suggest. In Bill Bishop’s book The Big Sort, he pointed out that Americans currently migrate to locations where they feel philosophically and politically comfortable. We can see the results in the rise of the Urban Archipelago–those blue dots representing cities with populations over 500,000.

One argument against nonpartisan redistricting rests on the theory that–since we have “sorted” ourselves into red and blue enclaves– gerrymandering really doesn’t make much difference. The Politico article undercuts that argument, bigly.

Despite Democrats’ massive House gains — the party’s biggest since 1974, after Richard Nixon’s resignation — redistricting clearly held them back in some places. Democrats netted at least 21 districts drawn by independent commissions or courts — getting a major boost from courts in Florida, Pennsylvania and Virginia that altered GOP-drawn maps in the past two years — along with 10 districts drawn by Republicans and the two in Illinois that were drawn by Democrats.

As the article makes clear, Democrats did appreciably better in non-gerrymandered districts.

The blue wave was high enough to overcome a large number of gerrymandered walls, thanks to revulsion against and very welcome rejection of Donald Trump. But in districts drawn fairly–without partisan bias–they did even better.

Gerrymandering, vote suppression (Georgia, anyone?) and the other tactics being used by the GOP to game the system need to be eliminated. A few states–Missouri and Michigan among them–voted this month for fair elections; the rest of us need to do the same.

We shouldn’t need a “wave” to install a government that reflects the values of the majority of America.

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Learning From My Students

We’ve reached my favorite point in the semester–the point where I stop lecturing/haranguing and listen while student teams present their research. They teach me.

Each team of students is given fifty minutes within which to present the major arguments involved in an issue currently facing policymakers, and to do so in a manner that is fair to all perspectives. Teams are allowed to approach their presentations in any fashion they choose, and they’re graded on clarity of communication, breadth of resources used, logic and organization. (Creativity is a plus.)

At the beginning of the semester, I assign teams (I use an “algorithm” called the alphabet) and give each team a general policy area (the economy, the environment, education, social policy, etc.) from which they then choose a specific issue to address.

In the past, teams have done skits (complete with costumes!), debates, power-point presentations, multi-media presentations, even movies. The only hard-and-fast requirement is that all perspectives/sides of the debate be presented as fairly as possible. That said, students are permitted to “weigh in” on one side or the other after they’ve explored the arguments.

Last Monday, one of the teams presenting compared Obama’s Clean Power Plan (CCP) to Trump’s Affordable Clean Energy Act(ACE).

They began by discussing the Clean Air Act of 1970 and the underlying legal context (the role of government, the contending interests of state and federal governments, and the ongoing argument about the extent to which market forces should control policy).

They then launched into a comparative analysis of the two measures, focused on environmental impact, energy needs, the impact on jobs (no, Trump isn’t bringing those mining jobs back), and public health.

Let me share just a few of their (copious) findings:

The U.S. is the second-largest emitter of greenhouse gas on the globe. CPP was designed to reduce such emissions; ACE “makes no such commitment.”
By 2030, CPP would have reduced carbon emissions by 19%. ACE will cut them between 0.7% and 1.5%
Coal production will be higher under ACE, but will still decline.(That pesky market!)
There is only one “clean coal” plant in the entire country, and the cost of factories able to produce “clean coal” is in the billions, so no others are likely to be built.
One-third of the nation’s electricity is still generated from coal, and the percentage is declining.
That decline is a market phenomenon, not a result of regulation, although regulation has disadvantaged some types of coal over others.
Renewable energy technology is increasingly making alternative sources more cost-effective.

Perhaps the most interesting part of the analysis–at least to me– was the impact of the two plans on public health; the EPA’s mission, after all, focuses on giving citizens clean air to breathe and clean water to drink. The differences were striking.

The CPP passed by the EPA under Obama estimated the social damage done by carbon emissions at $50/ton. The ACE estimated the damage at somewhere between $1 and $7 per ton. Among the reasons for what the students labeled a “drastic” difference was that Trump’s EPA discounted the impact of climate change, and the Obama administration included the identified human health impacts of both climate change and the decline in ambient air quality.

There was much more.

Each semester, I am amazed and impressed at the amount of data these student teams collect, synthesize and analyze–and more significantly, the policy conclusions they draw from that data.

The real reward of teaching is what I learn.

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Terrorism’s Tools

The hits keep coming.

Pipe bombs mailed, churches and synagogues targeted, young people once again mowed down by armed, unstable individuals…Last Sunday, the New York Times devoted several pages in its Sunday magazine to the phenomenon of homegrown, white rightwing terrorism (and the government’s failure to track it), and Time Magazine headlined a story “Why Terror is Rising in America.”

Both reports emphasize the relatively small number of perpetrators of these horrific assaults. For example, despite the Tree of Life massacre and the spike in anti-Jewish incidents, survey results suggest that anti-Semitism in the U.S. is at an all-time low.

Anti-Semitism has never been eradicated, and probably never could be. It dwells in the crevices and fissures. Largely extinguished in the uppermost reaches of society, it flourishes most among cranks and broken souls on the margins–those for whom the post-industrial world provides few satisfying occupational or real world communal niches. Jew hatred is a minority phenomenon, to be sure. In an age when AR-15s are easy to come by, even the smallest minority is profoundly dangerous.

Anti-Semitic incidents have increased dramatically, up 57 percent in just the last year according to the Anti-Defamation League, and, in fact, hate crimes are up across the board. Statistics show the number of people killed by far-right extremists since Sept. 11 are roughly equal to the number killed in the U.S. by jihadist terrorists–a fact that has received little public attention and gone unremarked upon by F.B.I. Director Christopher Wray in his annual testimony before Congress. Hate crimes against Muslims also rose almost 20 percent in 2016 over 2015.

When the Constitution was being crafted, James Madison and other Founders worried about “the tyranny of the majority.” Madison assumed that minorities–by which he meant people who held dissenting and/or anti-social beliefs–would be unlikely to find each other; they would easily be outnumbered (and silenced) by majorities of citizens who disagreed with them.

Madison couldn’t have envisioned the Internet, where all manner of advocates, kooks and haters can join each other in creating communities of the like-minded, and reinforce each others’ extremist beliefs.

As we’ve seen all too often, these online communities have become gigantic amplifiers, emboldening their participants and strengthening them in their most vile convictions. Just as the Internet turbocharged the jihadi universe and created a global support community for ISIS, it has networked and inspired the far-right.

Another thing Madison could never have predicted, of course, was the election of a President as dangerously anti-democratic, racist and dysfunctional as Donald Trump.

The second development that has lit up this increasingly linked and animated extremist world is the advent of Donald Trump. The statistics demonstrate clearly that the biggest bump in hate crimes in recent history coincides with the period since his presidential campaign began. This is not just a matter of correlation but causation. Trump’s incendiary rhetoric, from his accusation that Mexicans coming to the U.S. were rapists to his claims that the caravan of impoverished Central American migrants coming north included Middle Easterners–aka “terrorists”–has given license to those who peddle hatred to emerge from the shadows. Much as ISIS has done with its far-flung recruits, Trump’s conspiracy theories have weaponized mental disability.

A friend of mine, the chief executive of his firm, recently shared a rule he imposed at meetings: complaints and criticisms would be welcomed, but only when accompanied by proposed solutions.

Complaining about something without proposing a solution is just whining–and whining doesn’t get us anywhere.

This particular complaint is the growth of domestic terrorism. One part of the solution is obvious; we must replace Donald Trump with someone who understands the role and responsibility of the Presidency.

Madison’s question of faction–and the ease with which unstable individuals can now connect–is harder. But as the Times article suggested, a far more robust government response would be a good start.

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“Trumped Up” Social Welfare Crises

There are two utterly incompatible approaches to the maintenance of social safety nets–and beliefs about the obligation of a society to its most vulnerable members.

On one side are those who recognize the obligation, who see the payment of taxes to support social programs and government services as the “dues” we owe to the “club” we call America. On the other side are those who reject that obligation, who insist that individual citizens (including, presumably, children, the elderly and the disabled) must be personally responsible for their own needs, and to the extent they are unable to do so, that private charity should fill the gap (despite copious evidence that charity is grossly insufficient to the task).

Those in the first category have legitimate differences about how we discharge our obligations to each other, about the efficiency of programs put in place, about the evidence we can reasonably require in order to separate out the truly needy from the merely greedy. But they understand that no society that ignores its neediest citizens can be “great” or even good–let alone stable.

Those in the second category tend to be financially comfortable (or better). Their incentive to ignore reality and the plight of others is rooted in their desire to keep more of what they have and their insistence that they have “earned” their good fortune and other folks could too if they really wanted to.

They are the ones who have controlled Congress. And as Robert Reich has written,

Republicans would love to get rid of Social Security and Medicare. But they can’t, because Social Security and Medicare are among the most popular of all federal programs. Besides, most Americans have been paying into them their whole working lives, and depend on them.

Since any overt attack on these programs would be politically suicidal, the Republicans have decided to do nothing–aggressively– to refrain from the “fixes” and accommodations to economic changes that all such programs require from time to time.

The trustees for Medicare and Social Security – of which I used to be one – say Medicare will run out of money by 2026, three years sooner than last projected, and Social Security will run out in 2034.

But this doesn’t have to be the case.

Here are three easy fixes to Social Security and Medicare that Republicans don’t want you to know about.

First: Raise the cap on income subject to Social Security payroll taxes.

This year, that cap is $128,400, meaning that every dollar earned above $128,400 isn’t subject to Social Security taxes.

As Reich points out, the CEO of a big company making $15 million dollars a year pays Social Security taxes on just $128,400 of that, while the nurse practitioner taking home $100,000 pays Social Security taxes on every dollar of his or her income.

Reich’s second “fix” addresses a situation that most of us find outrageous:

To help rein in Medicare costs, allow the government to use its huge bargaining power to negotiate lower drug prices.

Every other country negotiates these prices; that we do not is an unconscionable gift to big Pharma, which already benefits from the immense amounts through which taxpayers subsidize research. (Pharma already spends more on advertising, marketing, and lobbying than it does on research, so protests that lower profit margins would curtail research are disingenuous at best.)

Reich’s third “fix” is the least intuitive–and the most intriguing.

Third: To deal with a basic reason why Social Security and Medicare are running out of money, allow more young immigrants into the U.S.

The basic reason why Social Security and Medicare are running out of money is the American population continues to age and live longer – leaving a relatively smaller working population to pay into Social Security and Medicare.

What to do? Allow in more young immigrants. Immigrants and their children are the fastest growing segment of the working population, already contributing billions in payroll taxes every year. Instead of shutting immigrants out, allowing more immigrants into the country will help secure the future of Social Security and Medicare.

I have previously reported on the multiple benefits conferred by immigration; this is another.

If you belonged to a club in which some members refused to pay the dues that maintained the facility and its amenities, you’d terminate their membership. We can’t terminate the citizenship of people who are unwilling to pay their fair share, but we can save Social Security and Medicare. As Reich says,

Raise the cap, negotiate drug prices, and allow in more immigrants. Do these three things and you won’t have to worry about Social Security and Medicare not being there when you need it.

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