Category Archives: Public Policy and Governance

The Next Generation

Amidst the gloom and doom that is today’s political environment, there are rays of hope.

I often tell people that I would turn the country over to my students in a heartbeat. They are inclusive, community-oriented and passionate about fairness and civic equality. (Granted, they have enrolled in a School of Public and Environmental Affairs, so they are arguably a self-selected group.)

In my graduate law and policy class, I give a take-home final. (This is an effort to make up for a difficult in-class midterm, a demanding group project and a 20-page research paper.) The final consists of three questions; students are to choose one of the three and write an essay addressing it.

Unlike that midterm, there are no right or wrong answers. I’m looking for thoughtful responses–answers that tell me that they have considered the strengths and weaknesses of American governance and have formed defensible policy positions.

Two of the questions on this year’s final elicited particularly interesting responses. Here’s one of them:

It is 2020, and you have been elected President of the United States. You are following an administration that has made significant—even monumental—changes to American public policies. Which of those changes would you accept and follow? Which would you change? (I am not looking for exhaustive lists; choose one or two areas to discuss and justify your decision to accept or reject the current administration’s approach.) For each policy you would retain or reverse, explain why it is or is not supportive of the common good and/or consistent with America’s Constitutional values.

The students who chose this question were uniformly critical of the current administration, and very specific in their critiques. They all faulted Trump on environmental policy. Several pointed out that the “Muslim ban” violated the First Amendment. Economic policy and the tax “reform” bill came in for considerable scorn, as did efforts to destroy the Affordable Care Act and failures to enact meaningful gun control or improve immigration policy.

I was particularly struck by essays from students addressing this question:

Earth has been destroyed in World War III. You and a few thousand others—representing a cross-section of Earth’s races, cultures and religions—are the only survivors. You have escaped to an earthlike planet and are preparing to establish a new society. You want to avoid the errors of the Earth governments that preceded you. What institutional choices do you make and why? Your essay should address:The type/structure of government you would create; the powers it will have; the limits on its powers, and how those limits will be enforced; how government officials will be chosen and policies enacted;the social and political values you intend to privilege, and the reasons for your choices.

When I’ve included a similar question in the past, most students have dutifully constructed a government patterned after that of the U.S. This year, there were more creative efforts, some borrowing from European and Canadian models, others proposing “from scratch” governance concepts. Three or four proposed to outlaw political parties, and all of them suggested mechanisms intended to prevent gridlock. A couple included stringent qualifications for holding public office.

All the responses included universal healthcare and other elements of a robust social safety net–including, in one case, a Universal Basic Income. All of them included mechanisms meant to eliminate or vastly reduce the role of money in politics. All of them provided for a rigorous civic education. All of them emphasized and protected the right to vote  (some made Election Day  a holiday, some allowed vote-by-mail and a couple made voting mandatory. One made vote suppression a felony.) All had laws protecting civil liberties and the environment.

All of them described legal systems protective of civic equality, and most suggested policies promoting respect for diversity.

The proposals weren’t uniformly practical, and there wasn’t a lot of space for details in any event, but virtually all of them showed that the writers had genuinely grappled with the question and considered the essential elements of a just society.

Needless to say, all of them came across as more thoughtful and informed than Donald Trump and his swamp.

If this country manages to survive the current administration, we’ll be in good hands.

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Pay For Play

Note: For anyone who is interested, I’ll be conducting a blogging workshop next Thursday at the Indiana Writers’ Center. Here’s the information.

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I’m hesitant to attribute it to candor–it’s more likely a belief that they are untouchable–but members of the Trump Administration have evidently given up trying to hide their unethical behaviors. A recent example: Mick Mulvaney, the current director of OMB (whose second job is overseeing/dismantling Elizabeth Warren’s Consumer Financial Protection Bureau) publicly admitted that the only people he willingly met with as a member of Congress were constituents and donors.

“We had a hierarchy in my office in Congress,” Mulvaney said, according to a New York Times report this week. At the top of the hierarchy were his constituents, he explained, adding, “If you’re a lobbyist who never gave us money, I didn’t talk to you. If you’re a lobbyist who gave us money, I might talk to you.

According to the Daily Beast, Mulvaney no longer has constituents, so now he’s just taking meetings with lobbyists and companies who financed his past political campaigns.

Pay-for-play Mulvaney is right at home in today’s shameless GOP.

Wisconsin Republican Senator Ron Johnson is a millionaire. He recently told a group of high school students that healthcare and food are a privilege, not a right according to MSNBC, and quoted Rand Paul to the effect that if health care were a right, then doctors and other health providers would be “forced” to provide people with that right. (Sort of like slavery…)

And if you’ve wondered why so many Congressional Republicans have been downplaying Russia’s obvious influence on Trump, there’s this:

A close look at public campaign finance reports reveals a network of Russian oligarchs increasingly contributing to top Republican leadership in recent years, according to the Dallas News. And thanks to the Supreme Court’s ruling on Citizens United in 2010, the donations are perfectly legal.

I’m sure you’ll be shocked to know that McConnell is identified as one of those benefitting from Russian largesse.

Needless to say, these paragons of public service don’t take kindly to admonitions about their obligations to the “least of us.” Despite their near-constant insistence that they are pious Christians, and despite their efforts to impose their particular brand of Christianity on the rest of us, they sure get prickly when a genuine Christian engages in even the mildest biblical truth-telling.

Case in point: Ostentatiously Catholic Paul Ryan abruptly dismissed the Catholic House Chaplain–a job that James Madison didn’t think should exist–after the chaplain offered a prayer that offended Ryan during the tax “reform” debate.

The sudden resignation of the chaplain, the Rev. Patrick J. Conroy, shocked members of both parties. He had served in the role since he was nominated in 2011 by Speaker John A. Boehner, a fellow Catholic. In an interview, Father Conroy was categorical: His departure was not voluntary.

“I was asked to resign, that is clear,” Father Conroy said. As for why, he added, “that is unclear.”…Father Conroy said he received the news from Mr. Ryan’s chief of staff. “The speaker would like your resignation,” Father Conroy recalled being told. He complied.

Father Conroy’s prayer had included a line asking that legislators be mindful of the ways their actions might affect the poor–a despicable display of compassion that evidently incurred the wrath of Ayn Rand’s most devoted disciple.

Commenters to this blog frequently remind others to “follow the money.” It’s good advice when the question at hand requires determining why such-and-such happened, or why so-and-so is taking a particular position.

Today’s GOP makes it unnecessary to follow the money. It isn’t just Trump. These plutocrats and would-be plutocrats are utterly transparent about the role money plays in their deliberations, their policies and their behaviors.

It’s what they really worship.

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The Trust Problem

Listening to the news this weekend, it occurred to me that my standard lecture on Marbury v. Madison highlights why Trump is unlikely to get a deal with North Korea. (Bear with me here.)

As most readers of this blog know, Marbury  established that the Supreme Court is the final arbiter of constitutionality. The case arose because President Adams–in the last hours of his term–nominated a number of people for judgeships (packing the courts ahead of Jefferson’s assumption of office). In those days, these “commissions” had to be delivered to the appointee to take effect, and due to the timing, Marbury didn’t receive his. Jefferson refused to honor his predecessor’s appointment by having his Secretary of State, James Madison, deliver the commission.

Justice Marshall, who authored the opinion, was between the proverbial rock and hard place. If Jefferson didn’t have to honor the commitments of his predecessor, the new government would be weakened; if he ordered Jefferson to deliver the commission, and Jefferson refused (which was likely), the Court’s authority would be permanently compromised.

I’ve always thought Marshall’s solution was on par with that of Solomon and the baby. He ruled that a commission properly made must be delivered–but he also found the law under which the appointment had been made constitutionally defective, and the commission null and void. Jefferson (I’m sure grudgingly) acquiesced to the decision–including the proposition that the Court was the final voice on constitutionality– since he got the practical result he’d wanted.

When we discuss this case in class, I usually pose a scenario: I have a student assume he owns a car-towing business. He just got a contract with the city, and in order to service it, hired two new people and bought a new truck. Business is great. Then a new Mayor is elected, and refuses to honor the contract.

I ask the student “Would you ever do business with the city again?” The answer is always no. (Sometimes, “hell no!”)

Which brings me to Trump and Korea. And Iran. And the Paris Accords.

At the same time Trump is bragging about his deal-making prowess and suggesting that only he can get a binding agreement with North Korea, he is hell-bent on rejecting the United States’ “binding” commitments to Iran. He has previously refused to honor his predecessor’s decision to join the Paris Accords. (For purposes of this discussion, I will omit mention of the numerous “deals” he reneged on as a private citizen, and the myriad times he stiffed people to whom he owed money. I will also forego discussion of the times the U.S. has bailed on its promises in the past.)

If I were Kim Jong Un, I wouldn’t trust the word of a President who is currently demonstrating that the nation’s word is worthless.

Kim’s hair may be as silly as Trump’s, but I get the impression that he is a whole lot smarter than the un-self-aware ignoramus who currently shames all sentient citizens. Trump is likely to get rolled–and unlikely to realize it.

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This Isn’t Making Us Safe

The Senate has now confirmed Mike Pompeo as Secretary of State, despite deeply disturbing reports of his longstanding Islamophobia. Nothing like having a man with a well-deserved reputation for decidedly undiplomatic bigotry as the country’s chief diplomat. I’m sure his disdain for the world’s largest religion will serve him especially well in negotiations in the Middle East…

At least Pompeo understands–or seems to understand–that religious hatred is not generally considered a positive qualification for the job at hand, and he has downplayed it.

Not so John Bolton. Trump’s choice of a National Security Advisor is an even more obvious mental case than the current occupant of the Oval Office. His disdain for the United Nations, his preference for war over diplomacy (and the short fuse that impels him to favor military action at the drop of anyone’s hat) are well known. Less well known is his fixation with–and hatred of– Islam.

Dispatches from the Culture Wars has the story:

NBC News has an article about the Gatestone Institute, headed until he took the job as National Security Adviser by John Bolton for the last four years. Gatestone is one of the lesser-known but best-funded of a web of Islamophobic groups that push white supremacist rhetoric about how Muslims are going to destroy white European hegemony through immigration.

The Gatestone Institute is a New York-based “advocacy group.” It issues warnings about the looming “jihadist takeover” of Europe, which will lead to a “Great White Death.” The post quotes NBC News:

The group has published numerous stories and headlines on its website with similar themes. “Germany Confiscating Homes to Use for Migrants,” warned one from May 2017, about a single apartment rental property in Hamburg that had gone into temporary trusteeship. Another from February 2015 claimed the immigrants, for instance Somalis, in Sweden were turning that country into the “Rape Capital of the West.”…

Some of the group’s work was widely distributed, including a claim about Muslim-controlled “no-go zones” in France that Texas Sen. Ted Cruz cited in an op-ed article during the 2016 Republican presidential primary campaign.

Gatestone’s president, Sears Roebuck heiress Nina Rosenwald, said in an email that Bolton was not involved in any of the articles and that Gatestone has no knowledge of Russian trolls having promoted its work.

Rosenwald emailed numerous links to support Gatestone’s claims, including a number in French and German. One entry flagged as documenting “warring Muslim gangs” in Marseille, France, when translated into English, says only that the city had deployed specialized police officers to a high-crime area, with no mention of warring Muslims.

Speaking of disinformation and dishonesty, Bolton wrote the foreword to a book by Pam Geller, who co-chairs an equally disreputable White Supremacist group with Robert Spencer, Stop the Islamization of America. Geller has been described by the Southern Poverty Law Center as “one of the most flamboyant anti-Muslim activists in the United States.” She routinely bashes Islam and Muslims on her blog (titled “Atlas Shrugs”), and is a regular contributor to Breitbart.

Bolton and Pompeo: Trump’s “best people”–working hard to make the world safe for White Christians.

Forgive me if I don’t feel very secure.

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The Flim-Flam Party

David Leonhardt had an interesting column on fiscal responsibility recently in the  New York Times.

“Fiscal responsibility” is one of those terms the applicability of which depends upon its definition. (I define “fiscally responsible’ as paying as you go, so putting a new government program or a war on the national credit card in order to keep current tax rates low wouldn’t qualify.) Conventional wisdom is that Republican administrations have been more fiscally-responsible than Democratic ones. Leonhardt questions–and debunks–that belief.

By now, nobody should be surprised when the Republican Party violates its claims of fiscal rectitude. Increasing the deficit — through big tax cuts, mostly for the rich — has been the defining feature of the party’s economic policy for decades. When Paul Ryan and other Republicans call themselves fiscal conservatives, they’re basically doing a version of the old Marx Brothers bit: “Who ya gonna believe, me or your own eyes?”

Ever so slowly, conventional wisdom has started to recognize this reality. After Ryan’s retirement announcement last week, only a few headlines called him a deficit hawk. People are catching on to the con.

But there is still a major way that the conventional wisdom is wrong: It doesn’t give the Democratic Party enough credit for its actual fiscal conservatism.

Aided by charts illustrating his thesis, Leonhardt points out that, at least for the last several decades, Democratic administrations have reduced the deficit, while Republican administrations have grown them. Democrats have done that by raising taxes, by cutting military spending and by reducing corporate welfare.

Some of them have even tried to hold down the cost of cherished social programs. Obamacare, for example, included enough cost controls and tax increases that it’s cut the deficit on net….Get this: Since 1977, the three presidential administrations that have overseen the deficit increases are the three Republican ones. President Trump’s tax cut is virtually assured to make him the fourth of four. And the three administrations that have overseen deficit reductions are the three Democratic ones, including a small decline under Barack Obama. If you want to know whether a post-1976 president increased or reduced the deficit, the only thing you need to know is his party.

So why is it that the “conventional wisdom” does not reflect this reality? Leonhardt faults  journalists’ devotion to the idea of “balance,” and their ingrained belief in (false) equivalence. There is a hard-to-dislodge conviction that–whatever the misbehavior–both parties must be equally guilty.

I’ve spent 25 years as a journalist and have repeatedly seen the discomfort that journalists feel about proclaiming one political party to be more successful than the other on virtually any substantive issue. We journalists are much more comfortable holding up the imperfections of each and casting ourselves as the sophisticated skeptic.

As he concludes,

The caveat, of course, is that presidents must work with Congress. Some of the most important deficit-reduction packages have been bipartisan. The elder George Bush, in particular, deserves credit for his courage to raise taxes. Some of the biggest deficit-ballooning laws, like George W. Bush’s Medicare expansion, have also been bipartisan. In fact, the Democrats’ biggest recent deficit sins have come when they are in the minority, and have enough power only to make an already expensive Republican bill more so. The budget Trump signed last month is the latest example.

So it would certainly be false to claim that Democrats are perfect fiscal stewards and that Republicans are all profligates. Yet it’s just as false to claim that the parties aren’t fundamentally different. One party has now spent almost 40 years cutting taxes and expanding government programs without paying for them. The other party has raised taxes and usually been careful to pay for its new programs.

It’s a fascinating story — all the more so because it does not fit preconceptions. I understand why the story makes many people uncomfortable. It makes me a little uncomfortable. But it’s the truth.

Truth, of course, hasn’t been faring so well in our post-fact, “fake news” world….

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