Category Archives: Public Policy and Governance

When History is Written…

When the history of the 21st Century is written (assuming there are people alive to research and write it) America’s current decline will be attributed largely to one man–and that man isn’t Donald Trump.

Of course Trump is dangerous. A number of his choices–both personnel and what passes for policy in his childlike worldview–are potentially catastrophic. But he is too delusional and ignorant to qualify as evil.

No, the most evil man in American government, in my humble opinion, is Mitch McConnell.

Trump is simply the result of McConnell’s consistent elevation of partisanship and power over principle. As James Fallows has pointed out, it was McConnell who took the filibuster from a seldom-used mechanism meant to ensure that minority opinions would be heard to a routine method of subverting majority rule. It was McConnell who famously promised to obstruct anything and everything Obama might do, irrespective of whether what was being obstructed was good policy, good for the country, or even if it had originated with his own party.

It was McConnell who, in the  summer of 2016,” put the kibosh on FBI going public with a warning of the Russian interference in the election, which they were already investigating.

And needless to say, it was McConnell who ignored 200+ years of precedent, and simply refused to allow the Senate to do its constitutional duty of advising and consenting to a sitting president’s nominee for the Supreme Court–doing incalculable damage to the rule of law and ultimately, to respect for close decisions that will be handed down by a court that includes a Justice conspicuously occupying a “stolen” seat.

In 2006, as McConnell was about to emerge as the Republican leader in the Senate, Zachary Roth and Cliff Schecter wrote an article for the Washington Monthly titled “Meet the New Boss.”  Here are some excerpts:

McConnell is a staunch conservative and a master of procedure, but no piece of landmark legislation bears his name. Almost the only issue on which he has a national profile is campaign-finance reform, and on that, he’s known as the man who fought it at every turn…

The Senate’s shift toward increased party discipline has been accompanied by a growing willingness to use the legislative process to benefit the Republican Party’s financial backers…

[McConnell is] a master of Senate rules and procedures, and he harbors no presidential aspirations that might distract him from his job. But unlike earlier leaders, he doesn’t keep score by legislative accomplishments. For the first time in recent memory, the Senate will be run by a leader with both the ability and the desire to use the institution entirely for partisan advantage…

I’m hardly the only observer who attributes much of  America’s current dysfunction to McConnell. Dana Milbank calls him “The Man Who Broke America.” Milbank starts with one of the many, many examples of McConnell’s hypocrisy and dishonesty:

“No majority leader wants written on his tombstone that he presided over the end of the Senate,” the minority leader said.

He continued: “Breaking the rules to change the rules is un-American. I just hope the majority leader thinks about his legacy, the future of his party, and, most importantly, the future of our country before he acts.”

Are these the words of Minority Leader Chuck Schumer (D-N.Y.) as the Republican majority changed Senate rules this week to do away with filibusters of Supreme Court nominations?

Actually, they were uttered in 2013, by then-Minority Leader Mitch McConnell (R-Ky.), when Democrats pushed through a similar filibuster change for lesser nominations.

Milbank doesn’t mince words:

No man has done more in recent years to undermine the functioning of U.S. government. His has been the epitome of unprincipled leadership, the triumph of tactics in service of short-term power.

Milbank further documents McConnell’s willingness to subvert longstanding Senate culture in service of rabid partisanship, pointing out that by 2013 his unprecedented, frequent use of the filibuster had blocked 79 of Obama’s nominees; that compared with 68 presidential appointments blocked during “the entire previous history of the Republic.”

The primacy of the rule of law was the most basic premise of the American constitution; as John Adams famously proclaimed, the Founders gave us a government of laws, not men. The constitutional architecture, with its three branches of government and a federalist structure leaving significant authority to the states, was an effort to constrain the abuse of power.

Trump doesn’t understand any of that, and he clearly has no idea how to use the rules themselves to evade those constraints. He doesn’t even know what the rules are.

McConnell, unfortunately, does.

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Encouraging Signs

Doctors and psychologists are reporting spikes in depression and other psychosomatic responses among the general citizenry in response to the daily reports of dysfunction, corruption and regression in Washington.

Those responses are understandable. But as I keep reminding myself, the news isn’t all bad. We are seeing a genuine resurgence of civic engagement at a level I have never previously seen, and there are growing indications that announcements of the death of journalism may also have been premature.

Despite concerns that “outrage fatigue” would cause activism to dwindle, groups opposed to Trumpism have continued to proliferate–even in red states like Indiana.

For example, Women4Change Indiana was formed immediately after the election. It has four task forces, focused upon guaranteeing the dignity and safety of all women, especially in regard to sexual assault, reproductive health, and LGBTQ rights; mentoring and empowering women to achieve greater political leadership; fighting racism and promoting civility in political discourse; fighting against gerrymandering and voter suppression and improving civics education.

Formed just five months ago, it currently has 14,000 members across the state. In Indiana.

In even more good news from Indiana; “old school” Republicans (not old chronologically, just advocates for what used to be Republican values) have formed a group called “Enterprise Republicans,” which they describe as “diverse and inclusive” and devoted to protecting the human rights of all Hoosiers. I’m told they plan to primary selected Republican culture warriors, a welcome tactic in Indiana, where gerrymandering has created so many safe Republican seats that there has been no politically realistic way to effectively counter the most rabid rightwing zealots.

Then there’s journalism. According to the Washington Post,

The philanthropy established by eBay founder Pierre Omidyar will contribute $100 million to support investigative journalism, fight misinformation and counteract hate speech around the world…

“We think it’s really important to act now to keep dangerous trends from becoming the norm,” Stephen King, who heads the Omidyar Network’s civic engagement initiative, told The Washington Post in the philanthropic group’s first public comments on the three-year funding commitment….

The newly announced funding is intended to address “a worrying resurgence of authoritarian politics that is undermining progress toward a more open and inclusive society,” said Omidyar Network managing partner Matt Bannick.

The network is also concerned about the declining trust in democratic institutions around the world, including the news media, he said.

“Increasingly, facts are being devalued, misinformation spread, accountability ignored and channels that give citizens a voice withdrawn,” he said. “These trends cannot become the norm.”

The story–which is very encouraging–ended with a recitation of other philanthropic efforts to bolster legitimate journalism and combat “alternative facts.”

On Monday, a group including Facebook and Craig Newmark, the founder of Craigslist, announced the News Integrity Initiative, a $14 million effort to advance news literacy and increase trust in journalism. It will be based at City University of New York’s Graduate School of Journalism in Manhattan.

And last month, the Democracy Fund and First Look Media, both founded by Omidyar, announced that they would award $12 million to news organizations including the Center for Investigative Reporting, the Center for Public Integrity and ProPublica.

We can only hope that these efforts reach the Indianapolis Star at some point….

There are also encouraging signs that local governments are stepping up to address pressing issues. Cities across the globe have increased their efforts to protect the environment and advance social justice.  Cityscope reports that in Toronto, for example, the city is using its contracting clout to encourage the employment of disadvantaged populations, and cities in the U.S. are looking to follow suit. Cities are protecting immigrants, addressing police misconduct (even as Jeff Sessions’ Justice Department retreats from Obama-era oversight agreements), and investigating  other ways to compensate for the damage being done in Washington.

The Sixty-Four Thousand Dollar Question, of course, is whether these efforts, and the many other promising movements and activism tools that are emerging, will be able to turn a very threatening tide of authoritarian incompetence.

As David Brooks wrote this week, in a scathing (and laugh-out-loud funny) column,

The human imagination is not capacious enough to comprehend all the many ways the Trumpians can find to screw this thing up.

It’s We the People versus the Trumpians, and I wouldn’t count us out.

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Another Step Backward for Indiana

Well, they did it. The House passed Senate Bill 309–an assault on clean energy, specifically solar energy. It will next go to the Governor, who is unlikely to veto it.

Here is how I have previously described this bill.

If Senate Bill 309 passes, you will no longer be able to use the electricity from your rooftop solar panels and sell any excess back to the utility. Instead, you would be forced to sell all the electricity you generate to the utility at a much lower price than the utility charges you, and then buy back what you need at their substantially higher “retail” price. (The utilities will have to pay you at something called the “avoided cost” rate–which is somewhere between 2.5 and 4.5 cents per kilowatt hour.–You’ll have to buy it back at retail rates between 11 and 16 cents per kilowatt hour.)

Nice work if you can get it!

If SB 309 passes, it will price rooftop solar and small-scale wind generation out of the market.

During just the last five years, over a million Americans have installed solar, and the costs of both solar and wind generated energy have dropped dramatically. That’s good for the environment, and good for consumers’ pocketbooks, but it has cut into the profit margins of the big electrical utilities.

Fortunately for them, those big monopolies have good friends like Senator Hershman in the Indiana General Assembly.

I am hardly the only critic of this gift to Indiana’s utility companies.

The Republic, the Columbus, Indiana newspaper, was equally unimpressed with the legislation.

Indiana Senate Bill 309, introduced by Sen. Brandt Herschman, proposes to fundamentally change Indiana’s solar energy policy. The proposed modifications to the state’s net energy metering program are based on a lack of evidence and faulty logic, and would severely undermine the future of solar power in the state. Indiana legislators should oppose this bill.

The Republic article pointed out the importance of the net metering policy for Indiana, “since the state lacks other common policy measures to encourage solar energy development.” I’m shocked to discover that Indiana is not on the cutting age of energy innovation….

Opponents of the bill argued that lowering the amount of the credit will all but eliminate the incentive to invest in solar energy in the future. (I can attest to that; my husband and I were thinking of installing rooftop solar, and had been pricing our options. When this bill passed, we changed our minds.)

Representative Carey Hamilton–one of the most environmentally knowledgable members of the Indiana legislature–argued that the task of determining rates should be left to the IURC, rather than the legislature. During the committee hearing, when Hershman admitted that he had “come up with” the rate in the bill himself, she said

“A random decision by one of our colleagues for a rate is not how we should be making important decisions.” …

Rep. Matt Pierce, D-Bloomington, who opposed the bill, pointed out that it creates uncertainty for small businesses and Hoosiers investing in the solar industry.

“We had six hours of testimony, and the only people who were in favor of it were the utilities,” Pierce said. “All of the other four and a half, five hours of testimony were people saying, ‘Why are you doing this to me?’”

Why are Indiana’s legislators doing this?

Because they can.

Safe seats, courtesy of the gerrymandering that Senator Hershman denies we have (despite being one of its top beneficiaries), allow our legislators to ignore their constituents’ opinions and interests, confident that they will face no repercussions at the polls.

Hoosiers live in a state where the legislators choose their voters, rather than the other way around. It is a system that positively guarantees bad public policies.

UPDATE: It appears that there is one more Senate vote required–the Senate must approve the bill with the changes made by the House. As I understand it, that vote takes place today. Call your State Senator and ask him/her to vote NO.

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America the Divided

A new Brookings Institution report shows that a substantial majority of Americans live in counties that did not vote for Donald Trump.

The contentious political back and forth seen daily in the media, cable TV, and polls should come as no surprise in a nation where Donald Trump won the Electoral College but lost the popular vote by 2.9 million votes. Newly released Census population estimates for 2016 provide further evidence of just why the nation’s politics are split demographically. These data show that 31 million fewer Americans live in counties that voted for Trump than in those carried by Hillary Clinton…

While it is true that Clinton took less than one sixth of the nation’s 3,100+ counties, she won most of the largest ones, including 111 of the 137 counties with over 500,000 people. Trump won the Electoral College by successfully navigating rural-urban balances in key swing states, taking small areas by large vote margins.

The report–replete with multi-colored graphs– is well worth studying. It also describes the demographics of those Trump and Clinton counties, noting that when they are classified by income,  the least well-off households are over represented in Trump counties and the most well-off households are underrepresented.

Generally, Trump counties are least likely to be home to those with “urban” attributes. Only about one in five foreign-born residents live in these counties, compared with a much larger share of the United States’ native-born population (49 percent) that calls these places home. Fewer single than married persons are Trump county residents. Especially sharp divides are seen by race and ethnicity. Less than one fifth of all Asians and less than one third of all Hispanics and blacks live in counties carried by Trump.

I have written previously about the increasing urban/rural divide, and the Brookings research adds considerable data confirming that divide.

Still more confirmation is contained in an article from the Atlantic, titled “Red State, Blue City.”

The article begins by underscoring the decidedly progressive politics of cities, and the growing numbers of people choosing to live in them, but it also makes an often-overlooked point:

If liberal advocates are clinging to the hope that federalism will allow them to create progressive havens, they’re overlooking a big problem: Power may be decentralized in the American system, but it devolves to the state, not the city.

City folks in Indiana are painfully aware of that reality; Indianapolis is the economic generator in a state that barely  pretends to allow municipalities any self-determination. There’s no meaningful “home rule” in Indiana. The article also points out that most state-level policymaking is conservative:

That’s partly because Republicans enjoy unprecedented control in state capitals—they hold 33 governorships and majorities in 32 state legislatures. The trend also reflects a broader shift: Americans are in the midst of what’s been called “the Big Sort,” as they flock together with people who share similar socioeconomic profiles and politics. In general, that means rural areas are becoming more conservative, and cities more liberal. Even the reddest states contain liberal cities: Half of the U.S. metro areas with the biggest recent population gains are in the South, and they are Democratic. Texas alone is home to four such cities; Clinton carried each of them. Increasingly, the most important political and cultural divisions are not between red and blue states but between red states and the blue cities within.

There is no love lost between these progressive cities and the rural areas surrounding them.

In most states, agriculture is no longer king. Rural areas are struggling, while densely packed areas with highly educated workforces and socially liberal lifestyles flourish. In turn, rural voters harbor growing resentment toward those in cities, from Austin to Atlanta, from Birmingham to Chicago….

By and large, though, cities hold the weaker hand. It makes sense that these areas, finding themselves economically vital, increasingly progressive, and politically disempowered, would want to use local ordinances as a bulwark against conservative state and federal policies. But this gambit is likely to backfire. Insofar as states have sometimes granted cities leeway to enact policy in the past, that forbearance has been the result of political norms, not legal structures. Once those norms crumble, and state legislatures decide to assert their authority, cities will have very little recourse.

An important lesson of last year’s presidential election is that American political norms are much weaker than they had appeared, allowing a scandal-plagued, unpopular candidate to triumph—in part because voters outside of cities objected to the pace of cultural change. Another lesson is that the United States is coming to resemble two separate countries, one rural and one urban.

Only one of them, at present, appears entitled to self-determination.

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Time to Fight Back With Everything We Have…

Much of the damage being done by the Trump Administration can be contained (thanks to the Administration’s rather awe-inspiring incompetence), or eventually repaired (when the GOP’s radical fever breaks). People will have been unnecessarily hurt in the meantime, true, but most of the harms can (and probably will) be addressed when (we can hope) cooler heads prevail.

There are only two exceptions to that comforting thought: war and environmental degradation.

If Trump becomes desperate to divert attention from his governing failures and falling poll numbers, the chances of his starting a war are not negligible. And his assault on the already inadequate measures meant to protect the planet from further environmental degradation–if at all effective–will delay efforts to mitigate climate change and result in a loss of time that we don’t have.

We have to hope that the Generals Trump so disdains can prevent him from starting a war; but Trump has already begun his environmental assault with a vengeance. As Politico reports,

In just 40 days, Trump has made it easier for coal miners to dump their waste into West Virginia streams, ordered the repeal of Clean Water Act protections for vast stretches of wetlands, proposed massive job cuts at the Environmental Protection Agency and prepared to begin revoking the Obama administration’s most ambitious climate change regulations.

Trump is also expected to overturn Barack Obama’s moratorium on new federal coal leases, and is considering automakers’ pleas for relief from a scheduled tightening of vehicle fuel-efficiency standards. Obama’s pledge to send billions of dollars to United Nations climate programs is also likely on the chopping block. And Trump hasn’t ruled out withdrawing the United States from the 200-nation Paris climate agreement, a step that could undercut the international effort to confront global warming.

The Politico article details a number of other actions Trump plans to take–including actions to roll back regulations that protect the nation’s air and water quality. He has already signed off on congressional repeals of some Obama-era regulations, including  Interior Department regulations that protect rivers and streams from coal mining pollution.

And this week, he ordered EPA to begin rewriting the Obama administration’s sweeping “Waters of the U.S.” rule, a move that green groups say could leave 60 percent of U.S. stream miles and 20 million acres of wetlands unprotected from development or pollution.

What makes this assault so senseless is that even people who stubbornly refuse to believe that climate change is real should want clean water and breathable air.

The only saving grace of this wholesale assault on science and common sense is that most of these orders won’t take instant effect. As the Politico article notes, it could take years for the EPA to undo the regulations, and the administration will face fierce legal challenges from environmental groups.

In the meantime…

It’s time for every lawyer who can spell “environment” to challenge the Administration’s actions. Executive Orders cannot unilaterally overrule laws that have been duly enacted. I don’t know enough about the processes of regulatory adoption to know whether such orders can revoke them without invoking substantive procedures, but it seems unlikely that rules adopted after lengthy hearings and expert testimony can be undone with the stroke of a denialist’s pen.

Of course, the President and the head of the EPA can simply decline to enforce existing laws and regulations, but that would seem to put businesses subject to the regulations in a very uncomfortable spot; they have a legal obligation to comply with existing rules, and there are probably non-EPA organizations and individuals who would have standing to sue enterprises that made a calculated decision to violate existing law.

In addition to “lawyering up,” every one of us who cares about the environment–or just wants clean air and water and a government that respects science and the rule of law–should contribute as generously as possible to environmental organizations (preferably those having a legal team).

And last but most certainly not least, every one of us has to begin now to organize for the 2018 elections. Find people to run against Trump-supporting incumbents–either rational Republicans to primary them from the left, Democrats to oppose them in the general election, or both. Register any unregistered person we can find, and make sure that person has identification sufficient to satisfy the relevant Voter ID laws. Get anyone who didn’t vote last November to the polls.

We need to change this feckless Congress as soon as humanly possible, because some kinds of damage can’t be fixed.

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