Public Policy and Governance – Page 231

Rule of Law? Respect for Democracy? Not in the Age of Trump…

Remember the quote–attributed to John Adams–to the effect that the then-new American Constitution had created “a government of laws, not men”?

One of the most important improvements in our human efforts to improve governance was development of the concept of rule of law–the radical notion that fair rules should be established and everyone–including government officials and others in positions of power– should be expected to follow those rules (including the rules on how rules should be changed).

Adherence to the rule of law, in spirit and fact, is absolutely essential to the legitimacy of a governing authority.

Which brings us to the truly outrageous behavior of Republican lawmakers in North Carolina. As the New York Times reported earlier this week,

Republicans in the North Carolina legislature on Wednesday took the highly unusual step of moving to strip power from the incoming Democratic governor after a bitter election that extended years of fierce ideological battles in the state.

After calling a surprise special session, Republican lawmakers who control the General Assembly introduced measures to end the governor’s control over election boards, to require State Senate approval of the new governor’s cabinet members and to strip his power to appoint University of North Carolina trustees.

Republicans also proposed to substantially cut the number of state employees who serve at the governor’s pleasure, giving Civil Service protections to hundreds of managers in state agencies who have executed the priorities of Gov. Pat McCrory, a Republican.

These extraordinary steps–taken in the wake of a democratic (note small “d”) election that produced a result displeasing to the state’s GOP–unquestionably violate democratic norms, and may well violate the North Carolina state constitution.

The election of a Democratic governor came despite sustained Republican efforts to suppress African-American votes–efforts so transparently and blatantly aimed at (disproportionately Democratic) black voters that a court described them as “surgical.” Several of those measures were struck down, but a number of others–moving polling places, shortening voting hours–had the intended effect.

Even in the face of massive vote suppression, the Democratic gubernatorial candidate somehow won.Hence the special session to strip the new Governor of authority–and the transformation of North Carolina government into an illegitimate putsch.

As the Times editorialized

This legislative power grab is the latest underhanded step by a state Republican Party desperate to stay in power in a state where demographic changes would normally benefit Democrats. Republicans in North Carolina, a presidential battleground state, have used aggressive redistricting and voting suppression measures that are among the most brazen in the nation to win elections. The courts have blocked some of these efforts, but Republicans have found workarounds, for instance, by limiting voting hours and sites.

Calling what is happening in North Carolina a “legislative power grab” is like calling cancer a “minor illness.” It is a shocking violation of democratic norms, and a frontal attack on the rule of law.

It is one more element in America’s current wholesale retreat from the principles that did make America great.

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Beyond the Factory Floor

The other day, I looked into a mirror and suddenly realized that my mother was looking back.

It sneaks up on you.

Most of us don’t notice the day-to-day changes in ourselves, or our environments, unless something triggers that recognition. That is especially true of the inexorable increase in automation–and it matters, because it is automation, far more than trade, that has eliminated so many American jobs. And that automation isn’t limited to spiffy robots on a factory floor; it is all around us.

When I first started to drive, gas station attendants pumped my gas and cleaned my windshield. These days, I pump my own gas, and the windshield gets cleaned when I go through the automated carwash. When I first practiced law, one legal secretary worked for two lawyers at most; partners in the larger firms usually had their own secretary (and still dictated directly to her as she sat, steno pad in hand). Today, even in the “silk stocking” firms, lawyers type their own letters, emails and documents on their computers. Wealthier families often had maids and cooks; ever-improving home appliances have reduced the jobs available for such domestic help.

Old movies will sometimes feature the banks of telephone operators who used to direct calls, handle switching equipment and place “person to person” long-distance calls. My IPhone doesn’t require those switchboard operators. Speaking of telephones, those ubiquitous “telephone trees” are a decidedly mixed blessing, but most businesses use them rather than the human employees who used to answer the phones.

Remember the rows of bank tellers with eyeshades, who kept account ledgers by hand? Computers have replaced them.

I don’t know how much snail-mail has been replaced by email, but my guess is that we aren’t running short of postal workers.

As we anticipate an era of self-driving cars, we might consider the trade-off to come: greater safety and cost-effectiveness for individuals against eventual loss of employment for literally millions of truck, delivery van, taxi and Uber drivers.

Technological innovations make our lives more satisfying, our work more productive and our daily tasks more efficient–but they also take their toll on the workforce, and not just numerically. It’s true that many of these modern conveniences create new jobs, but rarely in the numbers they replace, and usually requiring a different and more demanding set of skills.

We are going to need some creative policies to deal with the accelerating and inevitable changes in the job market. Retraining–while undoubtedly a critical component–will not address the plight of the high-school dropout who lacks the capacity to learn more demanding skills, or the older displaced worker who cannot cope with radical change.

I don’t know what the answer is, but I do know we will continue to see machines displace human employees, and I’m pretty sure that bribing Carrier to delay moving 700 or so workers to Mexico is neither an answer nor a policy.

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The Social Safety Net and the Ideologues

I know I tend to harp on the difference between thoughtful policymaking and ideology. Good policymaking depends significantly upon expertise and research, learning from experience (otherwise known as trial and error) and careful empirical observation; ideology dismisses poor results and unfortunate side-effects as irrelevancies or attributes them to insufficiently thorough implementation.

Congressional Republicans, led by Paul Ryan, and with the likely concurrence of the Senate GOP and Mitch McConnell, are determined to make drastic changes to American social policy. To the extent they are not prompted by corruption (that is, acting on behalf of and at the behest of their donor base), their desired changes to Social Security, Medicare and Obamacare are entirely ideological. They don’t want to improve these programs; they want to dismantle them.

It has long been an article of Rightwing faith that welfare programs—indeed, social insurance of any sort—creates unhealthy dependency. (Somehow, that belief does not extend to corporate welfare. But that is a post for another time.)

The evidence, not unsurprisingly, suggests otherwise.

There is substantial research suggesting that countries with more robust social safety networks experience fewer socially undesirable behaviors: less crime, less divorce, less child abuse…the list goes on. Rates of murder, robbery, burglary, rape, and other serious crimes are generally much higher in the U.S. than in industrialized nations offering universal health care and other social supports. Homicide rates in the U.S. have consistently ranged between three and twenty times those of other industrialized countries.

It is particularly notable that Canada’s murder rate is far below that of the U.S. (running around a fourth of our levels). For homicides committed by youth, the U.S. rate has been as much as ten times the Canadian levels. Yet Canadians watch American television, log onto American websites, read American publications, share our culture. There is also widespread gun ownership in Canada.

What most differentiates us is the fact that Canadians have guaranteed health care and less social insecurity.

The U.S. is more economically stratified than any other advanced country. Its levels of income inequality and relative poverty are triple those of other wealthy nations. Scholars tell us that developed countries having relatively low levels of income inequality have low crime rates; in countries where one segment of the population has great wealth while another segment is in extreme poverty, crime rates are high.

As a 2015 article in The Week noted, the differences in approach to social welfare are ideologically based.

Conservatives often want to tie safety net programs to having a job, so that people aren’t tempted by handouts to hold off working. There are work requirements for food stamps. More heavy requirements were added to traditional welfare in the late 1990s. And now Republicans are suggesting requirements for Medicaid as well. This makes little sense. The much more generous European systems have higher labor force participation, and the U.S. economy has done progressively worse over the last three decades at actually creating enough jobs for everyone to have.

Add it all up, and it’s not surprising that most other advanced Western countries have much lower poverty rates than America.

Recent research has tied declining rates of marriage to poverty, and has confirmed that “failing schools” are typically those trying to educate children from impoverished homes—that growing up in poverty creates identifiable physical and emotional impediments to learning.

There is an overwhelming amount of evidence that a strong social safety net reduces crime and other social dysfunctions that cost Americans significant tax dollars—and that the availability of such social supports does not discourage workforce participation.

Evidence, however, is no match for rigid ideology. Americans should expect a full-court effort to gut Social Security and Medicare by zealots impervious to evidence.

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Our Tribes, Ourselves

My friend and colleague Art Farnsley teaches in the Religious Studies Department at IUPUI; he also writes sporadic Op-Eds that have appeared in such publications as the Washington Post and Religion News Service.

His most recent one deserves to be widely read. It begins

Students in my college classes start out thinking religious identity and behavior are primarily about ideas. When I ask them about differences between Catholics and Methodists, they respond with differences in beliefs: the pope, contraception and transubstantiation.

These theological differences are real, of course, but I learned long ago that ideas do not create religious identity: They follow from it. My students imagine we pick from a large menu of ideological options and then make decisions about which membership best fits our own ideas.

It does not take long to convince them this “decision” model is badly incomplete. We never start from a neutral position. Our thinking is shaped by where we are born, who raised us and the tribes we call our own.

A number of social scientists are beginning to recognize that “who we are”–what “tribes” shape our identities–explains much more about all of us, and about our human cognitive processes, than we have hitherto been willing to concede. Tribalism doesn’t just operate in the religious realm. As Farnsley notes,

It’s time to acknowledge that political identity and behavior operate more like religion than many of us care to admit.

This may sound obvious to some, but I learned it the hard way. I have spent too much of my adult life pretending the opposite, that politics is about ideas and we develop our positions through reason, logic and formal argumentation. It’s time I accept the truth: Who we are comes first in politics too.

I just finished reading a recent book by Christopher Achen and Larry Bartels, Democracy for Realists: Why Elections Do Not Produce Responsive Government, that reaches the same conclusion–in their case, via lengthy review of overwhelming amounts of scholarly research. They argue–with copious evidence– that political identity and behavior operate more like religion than many of us want to admit. They also demonstrate that voters adjust their policy views and even their understanding of what is and is not fact to match their tribal identities.

Achen and Bartels include political parties among the tribal loyalties that motivate us. Our choice of partisan affiliation originally depends significantly on affinity, on the belief that “people like me” share more characteristics with one or another political party, but then the partisan affiliation itself becomes an important part of “who we are.”

Assuming the accuracy of these descriptions of political identity–and assuming the country and world survive the Presidency of an unstable and wildly unfit buffoon–Americans will need to think long and hard about the implications of “democratic realism” for the design of our democratic institutions. As Achen and Bartels confirm, there is much of value in our Constitutional system; we need to protect what is valuable, but we cannot do that unless we jettison what they call the “folk theory” of how democratic institutions actually work.

As Art Farnsley notes,

Political operatives of both parties have known for decades that voting behavior is about emotion, intuition and tribal affiliation. It’s about whose status goes up or down. The operatives know who we are.

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When Evidence Doesn’t Matter

A friend who lives in Wisconsin recently shared an article from the Madison newspaper, detailing the declining rank of the University of Wisconsin in the wake of Scott Walker’s savage cuts to that institution.

Now-retired UW-Madison Chancellor John Wiley would often say that it took well over 100 years for the people of Wisconsin to build a world-class university, but it won’t take but a few years to tear it all down.

We saw the first signs of how true Wiley’s observation is when late last week the National Science Foundation reported that the UW-Madison has fallen from the ranks of the top five research universities in the country, a position it had maintained for the past 40 years.

The news underscored how the university is being impacted by the draconian policies of the current crop of Republicans who are running state government. .The governor and several key legislators have consistently insisted that UW faculty are overpaid and coddled. Walker chided that budget cuts could be weathered if only professors taught one more course. Other legislators would go so far as threatening more budget cuts when they would hear of a class they didn’t like.

Not surprisingly, a number of professors have left for greener pastures, and have taken their research grants with them, exacerbating the University’s fiscal woes.

As the article points out, Walker’s dogged insistence that cutting taxes and spending are the cure for anything that ails state government isn’t just affecting the university.

Wisconsin’s once-proud K-12 public education system is being forced to go begging to property taxpayers with referendums just to keep school districts’ heads above water. The condition of our lakes and streams and even our groundwater has been deteriorating each year and the DNR, charged with protecting it all, is being starved to death under a secretary who won’t fight for it. Our job creation is far below the national average and Wisconsin workers, many no longer protected by unions, earn less.

Wisconsin’s experience isn’t unique. Kansas’ economy continues to decline under the similar ideology and even more draconian policies of Sam Brownback. Betsy DeVos, Trump’s nominee for Secretary of Education, has presided over the abysmal performance of Detroit’s schools, thanks to a radical privatization philosophy she and Trump want to employ nationally. Paul Ryan and other House Republicans have their guns trained on Medicare, ignoring the fact that the program is both popular and cost-effective.

In each of these cases–and many others I could cite–elected officials are pursuing their ideological commitments with a decidedly religious fervor. Reality be damned.

When evidence doesn’t matter and experience doesn’t inform, Dark Ages aren’t far off.

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