Public Policy and Governance – Page 236

Post-Final-Debate Reflections

Yesterday morning, as my husband and I were surveying the post-debate reactions, he made an offhand remark that struck me as really perceptive–even profound: “How is Trump refusing to honor the results of a democratic election any different from the Republicans in the Senate refusing to vet a Supreme Court nominee?”

He’s absolutely right. There is no difference, and all of the Republicans currently clutching their pearls over Trump’s forthright acknowledgment that he neither understands nor intends to follow the rules of constitutional government need to recognize that the orange monster they have nominated is simply an exaggerated and less self-aware version of what the GOP has become, with its accusations of “vote fraud” intended to suppress minority turnout, and its highly selective defenses of Constitutional principles. (Second Amendment good; Fourteenth not so much…)

In fact, a case could be made that Trump is less culpable than Mitch McConnell, since McConnell knows what the rules are, and deliberately chooses to ignore them when it suits his and his party’s purposes. Trump, on the other hand, is clearly ignorant of democratic norms and the most basic operations of government. (He continues to berate Hillary for not single-handedly effecting changes to U.S. law when she was in the Senate. I doubt whether he could even define federalism or checks and balances, let alone comprehend Senate procedures.)

We are at one of those periodic turning points in American political life; I don’t think it is an exaggeration to suggest that this election–coming on the heels of the slow-motion disintegration of a once-responsible political party– will serve as an indicator of the country’s future trajectory.

Either the electorate will administer a final coup de grace to the current iteration of the GOP, after which we will see a new or different political party emerge, as happened after the implosion of the Whigs, or the election will be close enough, and down-ticket Republicans successful enough, to maintain the toxic status quo. If the latter, we will occupy the America of Donald Trump and Mitch McConnell, where the rule of law is subservient to autocratic power, where (in Leona Helmsley’s famously dismissive phrase) taxes and laws are for “the little people,” and “We the People” becomes “me, myself and I.”

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When You’re Right, You’re Right

When folks on the Right are right, it’s worth noting–and applauding.

A few weeks ago, when some polls were showing a dead-heat Presidential contest, an article in the Weekly Standard titled “Donald Trump Cannot Save Our Republic” began

With the election now a virtual dead heat, conservative opponents to Donald Trump have never faced greater pressure to support him. Capitulation is needed, it is said, because the survival of the republic is at stake. If we allow Hillary Clinton to win the presidency, our constitutional system of government will be destroyed forevermore. Thus, we have no choice but to forbear.

This rhetoric is well-designed to prey upon the fears of conservatives who loathe Hillary Clinton, but it is not the language of American republicanism. Indeed, the fact that it has gained such traction on the right is a signal that many conservatives themselves have lost touch with the traditions of our constitutional system.

Put simply: This argument places the presidency at the center of American political life, which is a progressive innovation popularized by Woodrow Wilson and Theodore Roosevelt. The Framers rejected this implicitly, for most of their attention was spent perfecting the legislative branch, which was to be the primary repository of political power, as well as the tribune of the people.

The article argued that support for Trump would not only be implicit support for the (relatively) new centrality of the Presidency, it would allow conservatives and others to continue ignoring the real problem: Congress.

The ailment, simply put, is this: Congress is a basket case. It refuses to exercise many of its sovereign responsibilities under the Constitution. Many of the tasks it retains it executes badly. Worst of all, the legislature itself has ceded these authorities. They were not taken from it, but granted, happily, of its own volition. A return to true constitutional government does not require us to elect a kingly president who vaguely sympathizes with the platform of the Republican party, but insisting that the legislature reconstitute itself under the Framers’ original vision.

I do not necessarily agree with every point raised in the article, but its major thrust is clearly on target. I’ve written previously about the consequences of Americans’ evident–and troubling–belief that every four years we elect a monarch, who will either keep the promises made on the campaign trail, or earn public ire for failing to do so.

That drastically inaccurate view of the executive ignores Constitutional checks and balances, blames whoever holds the office of President for doing or not doing things over which he (or she) has influence but ultimately no control, and–worse– lets Congress off the hook. That view also explains why turnout falls off precipitously in off-year elections.

Voters who don’t recognize the importance of the legislative function fail to pay attention to the qualifications and temperament–let alone the work ethic–of those they send to Congress. The result is a legislature filled with partisan ideologues, empty suits (and too often, idiots) who are woefully unprepared to carry their share of the governing load.

As the article notes, “Reform of the legislature begins with electing to it a majority that is actually interested in reform.” To which I would add, “and actually interested in governing.”

The Presidency is important. In this election,which offers a choice between a well-qualified politician who operates–in P.J. O’Rourke’s memorable phrase–within normal paramagnets, and a dangerously autocratic ignoramus, it is supremely important. But we ignore our choices for the Senate and House at the nation’s peril.

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Gerrymandering Update

Monday afternoon was the last meeting of Indiana’s Interim Study Committee on Redistricting.

The good news: by a vote of 8 to 3, the committee recommended major reforms, including that district maps be drawn by an independent commission. (For details, you can visit the websites of either Common Cause of Indiana or that of the Indiana League of Women Voters.)

The cautionary news: the recommended legislation will have to pass both the Indiana House and the Indiana Senate, both with Republican super-majorities.

I will readily admit that when I was asked to serve as a lay member of that committee, I had no expectations that we would actually produce a recommendation for change, let alone that such a recommendation would be the product of a bipartisan vote. (I used to be an optimist, but reality has beaten me down…)

The committee was chaired by Representative Jerry Torr, a Republican who demonstrated admirable civility, fairness and open-mindedness, and who ultimately supported the recommendation for reform.

Open-mindedness was rather conspicuously lacking from the three “no” voters, Brant Hershman, Pat Miller and Beverly Gard. All three came into the process determined to deep-six any proposed reforms, and Miller and Hershman made no bones about it. Hershman had voted against even constituting the committee, and both he and Miller continued to insist that there was no problem with Indiana’s maps, despite hours of public testimony and substantial research evidence to the contrary.

The ultimate prospects for reform now rest with the citizens of Indiana, who will need to display to their elected Senators and Representatives the same support for change that they displayed during the public meetings of the Interim Study Committee. They packed the House Chambers, contacted committee members and made it clear that the status quo is unacceptable.

What is gratifying about the outpouring of public support for gerrymandering reform is that it is evidence that the public has caught on to the importance of systemic control mechanisms. Voters have finally recognized that going to the polls and casting a ballot is meaningless if the district in which they are voting has been rendered uncompetitive.

The recent book Ratfucked spelled out how the Republicans gerrymandered districts after the last census–and how the Democrats were asleep at the switch as that very sophisticated effort made the U.S. House unwinnable for Democrats for the foreseeable future. A recent report from Politico suggests the Democrats got the message:

As Democrats aim to capitalize on this year’s Republican turmoil and start building back their own decimated bench, former Attorney General Eric Holder will chair a new umbrella group focused on redistricting reform — with the aim of taking on the gerrymandering that’s left the party behind in statehouses and made winning a House majority far more difficult.

The new group, called the National Democratic Redistricting Committee, was developed in close consultation with the White House. President Barack Obama himself has now identified the group — which will coordinate campaign strategy, direct fundraising, organize ballot initiatives and put together legal challenges to state redistricting maps — as the main focus of his political activity once he leaves office.

It would be nice to have a democracy where voters choose their representatives, instead of the other way around.

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Pot and Consequences

This election is driving me to drink.

If I were younger, if I’d ever learned to smoke and inhale, and if marijuana were legal, it would probably drive me to pot. Fewer calories.

Speaking of legalization…..Advocates and opponents of marijuana decriminalization have generally based their arguments on theory and supposition; they’ve exchanged “I think this will happen” scenarios, since there were no jurisdictions from which actual data could be gathered.

That has now changed. And the Shorenstein Center’s Journalist Resources has helpfully compiled studies reporting actual–as opposed to theorized–results.The compilation is timely: this November, voters in at least nine states will decide whether to legalize marijuana for medical or recreational use.

Most states that have relaxed previous prohibitions have done so by making pot available for medicinal purposes. But the distinction between medical and recreation use is not as significant as we might imagine:

Most research on the link between marijuana and crime finds that medical marijuana laws (often abbreviated as MML) cause a general uptick in the use and availability of marijuana — beyond the patients who are prescribed the drug. “The legalization of marijuana for medicinal purposes approaches de facto legalization of marijuana for recreational purposes,” write D. Mark Anderson of Montana State University and Daniel I. Rees of the University of Colorado Denver in the Journal of Policy Analysis and Management. By examining pre- and post-legalization in these MML states, they can “make predictions about what will happen in” states that legalize marijuana for recreational use.

So what does happen when marijuana use is legalized? What about predictions that crime will rise?

In widely cited research, Robert G. Morris of the University of Texas and colleagues see crime fall in every state that has introduced MML. Using FBI data on seven types of crime across states with and without MML, they dismiss concerns about rising crime.

“MML is not predictive of higher crime rates and may be related to reductions in rates of homicide and assault,” Morris and colleagues write in the study, published in PLoS One in 2014. That may be because people seem to use alcohol less when they have access to pot: “Given the relationship between alcohol and violent crime, it may turn out that substituting marijuana for alcohol leads to minor reductions in violent crimes.”…

Economists Edward M. Shepard and Paul R. Blackley of Le Moyne College find that medical marijuana is associated with significant drops in violent crime. Looking at crime data from 11 states in the west, seven of which had medical marijuana laws before 2009, they see “no evidence of significant, negative spillover effects from MMLs on crime.” Instead, they suspect a fall in the involvement of criminal organizations after marijuana is legalized for medical use and conclude, “MMLs likely produce net benefits for society.”

Looking at crime data before and after the depenalization of marijuana in the United Kingdom in 2004, Nils Braakmann and Simon Jones of Newcastle University suggest most types of crime, risky behavior and violence fall. But they observe a 5 percent to 7 percent increase in property crimes among 15- to 17 year olds.

Opponents of decriminalization predicted increased traffic fatalities from impaired driving, but according to the research, during the first year following changes in the law, traffic fatalities decrease between 8 percent and 11 percent.

Other findings: there is a modest increase in pot use among young people, but not older cohorts. Suicide rates fall. Racial profiling declines. So do opioid overdoses.

Medical cannabis laws are associated with significantly lower state-level opioid overdose mortality rates.” Patients seem to be using these as substitutes, and marijuana is far less addictive and dangerous than drugs derived from the opium poppy.

And then there’s this: one study found that the U.S. could take in some $12 billion in new tax revenues by regulating recreational marijuana.

We sure could use the money.

Now if you’ll excuse me, I think I’ll pour myself a drink……

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Health and That Chinese “Hoax”

One of the unfortunate aspects of this bizarre Presidential campaign has been the lack of attention to the truly important issues America faces. Not that sexual assault, bigotry and massive ignorance are unimportant, but between disclosures about Trump’s “groping,” his “scorched earth” attacks on pretty much everyone, and his increasingly obvious mental health issues, the Orange One has sucked up all the oxygen in the room, with the result that issues of enormous consequence have received little attention, and even less thoughtful discussion.

Earlier this month, I posted about Trump’s selection of “environmental experts” for his transition team–a group of denialists about the reality of climate change.

We are already experiencing the severe weather that we’ve been warned will accompany our new climate reality; hurricanes that pick up power from warming oceans, flooding in some regions, droughts in others. But it isn’t only weather and agriculture that should concern us.

I often quote my cousin, an eminent cardiologist whose own blog is devoted to providing accurate medical information and debunking what he aptly calls “snake oil.” He recently reminded me that there is a health dimension to climate change that is too often overlooked:

At this time, most thoughtful people acknowledge the reality of humanly generated climate change on our environment, but they often fail to understand the real threat this poses to human health in general.

Now, the American College of Physicians (ACP), one of our most respected medical institutions, has issued a sobering position paper on climate change and it effects on human health, including higher rates of respiratory and heat-related illness, increased prevalence of vector-borne and waterborne diseases, food and water insecurity, and malnutrition. Persons who are elderly, sick, or poor are especially vulnerable to these potential consequences, according to this group. The ACP also states its belief that it’s incumbent on all those in the health industry to play an active role in protecting human health and averting dire environmental outcomes.

This ACP publication emphasizes that climate change presents a “catastrophic risk” to human health over the next hundred years that may wipe out all of the health advances made over the previous 100 years. The average temperature on Earth has increased by almost 1 degree since 1889, and greenhouse gas emissions have increased by almost 50% from 2005 to 2011. It is predicted that by the end of the century, the Earth’s temperature may increase by 5 to 9 degrees Fahrenheit. Ice in the Arctic and Antarctic seas has melted at unprecedented rates and the water levels worldwide have risen by almost 7 inches over the last 100 years. The World Health Organization has predicted that climate change will cause an additional 250,000 deaths per year from 2030 to 2050 due to malnutrition, increased malaria, increased respiratory illness, heat-related illness, food issues due to crop losses, and increases in waterborne infectious diseases and vector-borne illness:

Their current recommendations include the following:

The entire health care community throughout the world must engage in environmentally sustainable practices that reduce carbon emissions.
Support efforts to mitigate and adapt to the effects of climate change.
Educate the public, their colleagues, their community, and lawmakers about the health risks posed by climate change

As guardians of human health, we must assume a more active role in avoiding these disastrous consequences—if not for our own well-being, but for that for our children and all future generations! These efforts could well begin with how we all vote in the coming election!

My concern is not simply with the efforts of fossil fuel companies to stave off changes so that they can continue to profit, or with the fundamentalists (too many of whom are in Congress) who piously insist that God will take care of us.

My concern is that far too many of us arguably normal folks will react just like patients whose doctors tell them to quit smoking or start exercising– patients who know the doctor is right, but who lack the will to follow through.

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