Public Policy and Governance – Page 2

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 118^th 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 1^st and 7^th 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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Biden Administration Bragging Rights

A few days ago, I wrestled with the question that I still believe is THE question–how can anyone look at Donald J. Trump and see a person qualified to be President (or, frankly, dog-catcher)? Today, I want to focus on a different question: why has there been so little public appreciation of the incredible performance of a transformative and incredibly successful Biden Administration?

The most recent jobs report (a report Simon Rosenberg characterized as “Smoking Hot”) showed the addition of 254,000 jobs in September–far in excess of expectations. Not only that, but routine revisions from the previous two months added another 72,000 jobs. Both liberal and conservative economists agree that the American economy is currently the strongest advanced economy in the world.

That strong economic performance has allowed the administration to accomplish other important tasks.

Under Joe Biden and Kamala Harris we’ve had the longest period of low unemployment in a peacetime American economy since WWII and the best job market since the 1960s. The stock market is breaking records. GDP growth has been 3% over 3 years. We have the lowest uninsured rate in American history. The rate of formation of new businesses is at an all time high. Wage growth has been running ahead of inflation for some time now. The battle against inflation has been won. The deficit is lower. Crime is down. Drug overdoses are down. Obesity is down. The flows to the border today are lower than at the end of Trump’s Presidency. We passed the first bi-partisan gun safety bill in 30 years. Domestic oil, gas, renewable production are higher than they’ve ever been and we are more energy independent today than we’ve been in decades. The three big Biden-Harris investment bills will be creating jobs and opportunities for American workers for decades to come, while accelerating the energy transition needed to keep the planet from warming.

Read that paragraph again, and unless you have been lobotomized by Faux News and its clones, you can’t help but be impressed. Despite the constant, bizarre and increasingly frantic lies of Trump and his MAGA minions, crime is down. Inflation is way down. The deficit is lower. We are finally combatting climate change. And much more.

Unlike Trump, who is a publicity hound entirely focused on occupying center stage, and entirely uninterested in governing–or honest work of any kind– Biden approached the Presidency as a job. He was so focused on performance rather than publicity that in the third year of the administration, Politico ran an article titled “30 Things Joe Biden Did That You Might Have Missed.” Among them: expanded overtime pay guarantees; first over-the-counter birth control pills; making renewable power the nation’s #2 source of electricity; rules preventing discriminatory mortgage lending; crackdowns on junk fees and overdraft charges; and a wide variety of measures aimed at ensuring a level playing field for American business vis a vis China.

And that was before the administration engineered lower prices for several lifesaving medications–including insulin, which is capped at $35 for Medicare recipients.

American society is certainly not perfect, but these facts are so positive–especially given the chaos inherited from Trump and the pandemic–that Republicans have resorted to simply lying about them. Marco Rubio responded to the most recent jobs report by insisting that it must be “fake.” Trump and his allies lied about FEMA’s response to hurricane Helene, calling it inadequate, despite the fact it was characterized by Republican governors as excellent. And Trump has continued lying about endorsements.

Here’s the thing: As we enter the last few frenzied weeks of the Presidential campaign, it is easy to get caught up in the lies and the constant name-calling–to attend more to the horse-race and less to the candidates’ demonstrable policy and performance differences.

Most of the people who will go to the polls this year lived through a Trump administration characterized by constant turmoil and turnover, not to mention the sight of a U.S. President openly consorting with autocrats while demeaning and undermining America’s allies. For the past four years, those voters have thrived under the Biden-Harris administration. Citizens who care about policy, who base their votes on verifiable facts and experience and who care about the common good, will vote for Kamala Harris. Those who are motivated by bigotry and resentment–voters who reject reality and whose sole interest is culture war and animus–will vote for Trump and the profoundly regressive MAGA movement promised by Project 2025.

Harris is running on the premise that Americans won’t vote to go back. I hope she’s right.

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Braun And The American Idea

If you were hiring someone to manage a manufacturing business, would you hire someone who didn’t know anything about the product your factory produced? What about a nonprofit executive who disagreed with the organization’s mission?

The answers to those questions is pretty obvious, but for some reason, when it comes to government, we don’t require evidence that candidates for office understand what government is and– just as important– is not supposed to do.

As early voting gets underway in Indiana, Hoosier voters are going to the polls to choose between two statewide tickets. One of those is composed entirely of candidates who neither support nor understand America’s constitutional system. Beckwith, Banks and Rokita are out-and-proud Christian Nationalists waging war against the First Amendment’s Separation of Church and State. They simply reject the system put in place by the Founders. Braun–who seems motivated only by a desire to be important–rather clearly doesn’t understand the role of government or the structure of American federalism.

One of the TV ads being run by Jennifer McCormick–who does understand those things–shows an earlier interview with Braun in which he enthusiastically endorsed the Dobbs decision that allowed state-level governments to ban abortion. When asked if he would also support criminalizing the procedure, he said he would. Less well-known was his opinion, shared in another interview, that decisions about same-sex and inter-racial marriages should also be returned to the states.

Evidently, Braun has never encountered the Fourteenth Amendment, which–among other things– requires state and local governments to govern in a manner consistent with the Bill of Rights, and forbids them from denying to their citizens “the privileges and immunities” of American citizenship. For over fifty years, those privileges and immunities have been protected by a doctrine called substantive due process, often called the “right to privacy.” That doctrine confirmed the principle that “intimate” individual decisions—including one’s choice of sexual partners or the decision to use contraception (or more recently, the choice of one’s marriage partner) are none of government’s business.

Permit me to slip into “teacher mode.”

Constitutional scholars argue that the right to personal autonomy has always been inherent in the Bill of Rights, but it was explicitly recognized in 1965, in Griswold v. Connecticut. Connecticut’s legislature had passed a law prohibiting the use of birth control by married couples. The law prohibited doctors from prescribing contraceptives and pharmacists from filling those prescriptions.The Supreme Court struck down the law, holding that whether a couple used contraceptives was not a decision government is entitled to make.

The Court held that recognition of a right to personal autonomy—the right to self-government—is essential to the enforcement of other provisions of the Bill of Rights. Justices White and Harlan found explicit confirmation of it in the due process clause of the Fourteenth Amendment—which is where the terminology “substantive due process” comes from. Wherever it resided–in a “penumbra” or the 14th Amendment—the Justices agreed on both its presence and importance.

The doctrine of Substantive Due Process draws a line between decisions that government has the legitimate authority to make, and decisions which, in our system, must be left up to the individual. I used to tell my students that the Bill of Rights is essentially a list of things that government is forbidden to decide. What books you read, what opinions you form, what prayers you say (or don’t)—such matters are outside the legitimate role of government. The issue isn’t whether that book is dangerous or inappropriate, or that religion is false, or whether you should marry someone of the same sex, or whether you should procreate: the issue in America is who gets to make that decision.

Not the federal government. Not state governments. Individual citizens.

I will refrain from pointing out the impracticality of “states rights” on these intimate issues. (If you are in an inter-racial marriage and move to a state that forbids such unions, are you suddenly unmarried?) The more fundamental point is that allowing any unit of government to decide such matters violates the Bill of Rights and the libertarian philosophy that underlies our constitutional system.

Indiana’s MAGA GOP is offering voters an entire statewide slate of men who neither understand nor respect the Constitution–men who are applying for jobs without demonstrating any familiarity with the job descriptions.

Voters who feel comfortable allowing Indiana’s deplorable legislature to decide who they should be allowed to marry or whether they should be required to reproduce should vote for Braun and his merry band of theocrats. The rest of us will cast our votes for the Democrats.

Note: I voted early afternoon yesterday, on the first day of early voting. I stood in a fast-moving line for nearly an hour. If this year’s election will be decided–as I believe it will be–on turnout, it was a fantastic sign.

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We Need More Of This

Anyone remember Howard Dean and his fifty-state plan? Dean was a 2004 presidential candidate, and is remembered primarily for his insistence that Democrats should run candidates everywhere–that failing to mount campaigns even in heavily gerrymandered districts that were sure losers was a strategic error.

I agreed with Dean then, and I’m even more convinced of the wisdom of his advice now. As I’ve repeatedly noted, gerrymandering is a vote suppression tactic. Failure to even offer an alternative candidate is participation in that suppression.

For a long time, most voters remained unaware of the effects of gerrymandering (for that matter, most voters remain unaware of the extent to which America’s obsolete electoral systems subvert democracy). Raising that awareness is the first step toward countering and correcting those systems, so I was encouraged to read about a campaign in North Carolina recently profiled in the Washington Post.

The article was titled “She’s running with all she’s got for a seat she can’t win. That’s the point.”

Kate Barr is a blur of activity on the campaign trail this fall. She’s a fixture at local Democratic events, delivering fiery stump speeches. In her neighborhood here in the North Carolina Piedmont, many lawns display her Barbie-pink yard signs. She has branded T-shirts and sweatshirts and glittery stickers.

Wherever she appears, her opening salvo is always the same: “Hi. I’m Kate Barr. And I’m your losing candidate for state Senate District 37.”

Barr’s campaign is making a serious point: aggressive gerrymandering erases competitive elections and leaves voters without a real choice. North Carolina is a competitive state. It has a Democratic governor. But thanks to gerrymandering, it has a Republican super-majority in its legislature. (This will sound familiar to Indiana voters…) During the last round of redistricting, the legislature redrew Barr’s previous district, marrying the suburban area she lived in with a reliably rural, Red district. (Again, Indiana residents can relate…)

Davidson went from being part of a district centered in Mecklenburg County — where Donald Trump lost by 35 percentage points in 2020 — to being part of Iredell, which he won by about the same amount.

“Why am I losing?” Barr asked, warming up the crowd at a community center in her district ahead of a campaign appearance by Democratic gubernatorial candidate Josh Stein one recent day. “In a gerrymandered state like North Carolina, it means representatives are choosing their voters instead of voters choosing their representatives.”

The article concedes that Barr’s decision to build her entire campaign around certain defeat is “unconventional,” noting that–among other things–she sells a “LOSER” T-shirt on her campaign website. But it also notes that–shades of Howard Dean!– “the strategy of running Democrats in districts in which they are sure to be beaten has spread across the country after decades of ceding state legislative races to Republicans.”

Both parties draw district lines to their partisan advantage — a tactic known as gerrymandering. But about twice as many state legislatures overly favor Republicans compared with Democrats, according to a 2023 study by the Center for Politics at the University of Virginia.

Running “sure loser” candidates and giving the “sure loser” voters a reason to come to the polls has been shown to improve the performance of the top of the ticket. It makes the majority party spend time and money they wouldn’t otherwise have to spend. And if focuses on a result of gerrymandering that has been aptly called “a highway to extremism.” That’s because gerrymandering acts to magnify a state’s partisan advantage.

The effect has been on particularly vivid display in some red states in recent years as legislators who have little to fear from a general election pass laws that are to the right of what their voters might support, experts say. Reproductive rights restrictions, school book bans and voting limitations have gone largely unchecked at the ballot box. Meanwhile, policies with wide support, like certain anti-gun violence laws, have gone nowhere.

You can see that extremism in Barr’s sure-to-win opponent.

Barr’s opponent, incumbent state senator Vickie Sawyer, who ran unopposed in 2022, has supported policies such as North Carolina’s 12-week abortion ban — which was enacted after the legislature overrode the governor’s veto — and constraints on discussing sexual orientation in elementary schools. At a recent forum on aging, Sawyer brought up unprompted her support for a bill that would require sheriffs to detain undocumented immigrants who have been charged with a crime, even if they have made bail — “so they can’t kill our children,” she said.

Sawyer sounds a lot like the culture warriors in Indiana’s legislature.

The good news for Hoosiers is that statewide candidates can’t be gerrymandered. The current GOP statewide candidates are worse than Sawyer, but they can–and must– be defeated.

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Question And Answer

In a recent column for the Washington Post, Eugene Robinson asks THE question: how on earth is this election close?

The choice between Vice President Kamala Harris and former president Donald Trump should not be a tough call. Harris is a former prosecutor; Trump, a felon. Harris gives campaign speeches about her civic values; Trump rants endlessly about his personal grievances, interrupting himself with asides about sharks and Hannibal Lecter. Harris has outlined a detailed set of policy proposals for the economy; Trump nonsensically offers tariffs as a panacea, describing this fantasy in terms that make it clear he doesn’t understand how tariffs work.

Also, Harris never whipped thousands of supporters into a frenzy and sent them off to the Capitol, where they smashed their way into the citadel of our democracy, injuring scores of police officers and threatening to hang the vice president, in an attempt to overturn the result of a free and fair election. Trump did.

This is the conundrum that drives most rational people crazy. Even without January 6th, 32 felonies, multiple sexual assaults and the horrified testimonies of people who worked in Trump’s administration, who listens to the childish rants of a mentally-disturbed man with a third-grade vocabulary and thinks, “Yep, that’s the guy who should have charge of the nuclear codes.”? Who wants this ignorant name-calling bully to be a role model for America’s children?

How can this election possibly be close?

Robinson suggests some possibilities. First, Kamala Harris is a woman, and many Americans harbor a deep-seated misogyny. He notes that Trump desperately wants to have a fight over gender and race–and that Trump and Vance “are trying hard to win the votes of men who equate manhood with cartoonish machismo — men who somehow feel that their status and prospects are threatened because they are men.”

Another reason might be that the 71 million people who voted for Trump in 2020 are loathe to admit that they backed a loser, let alone an embarrassing buffoon utterly unfit for office. (Large numbers of these voters, after all, still believe the “Big Lie.”)

And Robinson notes that Trump does best among uneducated Whites–the demographic most responsive to his vicious demagoguery on immigration — “the lies he keeps telling about Haitian immigrants eating cats and dogs, for example.” He constantly tells working-class Whites that immigration is a threat to their jobs and communities. As Robinson says, those tribal appeals aren’t likely to win over many new voters, but will likely motivate turnout of his base.

Still, though, how does any of this overcome Trump’s manifest unfitness? How does any of it erase his pathetic performance in the debate? How does it nullify the fact that he awaits sentencing by a New York judge after 34 guilty verdicts in a criminal trial? If the answer is buried somewhere in some poll, I can’t find it.

I have wrestled with the question Robinson poses, and I consistently return to one answer: the “through” line in Robinson’s analysis is bigotry. Racism. A yearning for patriarchy. A simmering hatred of the Other.

Robinson identifies anti-woman, anti-immigrant strands of what we have come to identify as White Supremacy or White Christian Nationalism, but–at least in this essay– he fails to connect the dots, fails to call out the intense White grievance that lies at the heart of the MAGA movement.

When Trump won (barely–and only in the antiquated Electoral College), a number of pundits attributed economic motives to his voters. Research has soundly debunked that assumption; numerous studies confirm the association of “racial resentment” with support for Trump and MAGA. I have previously quoted my youngest son’s observation that there are two kinds of people who vote for Trump–and only two kinds–those who share his racism, and those for whom his racism isn’t disqualifying.

Beginning with that first campaign, Trump jettisoned “dog whistles” in favor of explicitly hateful, racist rhetoric. He asserted that there are “very fine people” who chant “Jews shall not replace us.” He tried to keep Muslims from coming into the country. He said Black immigrants came from “shithole” countries (unlike those nice White folks from Norway…) His supporters want to roll back gay rights, and they persistently wage war on trans children.

This election isn’t about the economy, or national security, or other policies. It’s about culture war.

His MAGA supporters agree with the only clear message Trump has delivered: making America great again requires taking America back to a time when White Christian heterosexual males were in charge, and the rest of us were second class citizens.

This election is close because too many voters share that worldview. The rest of us had better turn out.

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