Category Archives: Public Policy and Governance

Why We Don’t Negotiate with Terrorists

The principle that government does not negotiate with terrorists is a longstanding American policy, endorsed (to date, at least) by foreign policy experts of both parties. The reasons are–or should be–obvious: when you reward an activity, you encourage it.

If kidnapping our diplomats or other citizens proves profitable, more kidnappings will occur.

Of course, if you are the spouse or loved one of the person being held hostage, you are likely to have a somewhat different perspective. Which brings me to the recent announcement–made with much fanfare–about Carrier Corporation’s decision to keep a thousand of its employees in Indiana, rather than moving their jobs to Mexico. Affected employees are undoubtedly (and understandably) euphoric.

Details thus far have been sketchy, but it appears that Indiana will provide financial “incentives” to keep the company here for the next few years. Since federal government contracts currently generate $6 billion dollars annually for Carrier’s parent company, United Technologies, it is likely that promises about that contracting relationship sweetened the deal.( A spokesperson for Trump hinted that the government might relax regulations United Technologies found “onerous.”)

As one economist tweeted, “Every savvy CEO will now threaten to ship jobs to Mexico, and demand a payment to stay. Great economic policy.”

Trump’s Carrier “accomplishment” is Exhibit A in what would likely be a long list of “teachable moments” if Trump were teachable. The lesson is: deals that make perfect sense in the private business sector can be invitations to disaster in the public sector.

I learned that lesson when I served as Indianapolis’ Corporation Counsel. Cities get sued with some regularity; a car goes in a ditch and the driver blames the design of the road; a building inspector tags a property and the owner disputes the violation; a homeowner objects to a sewer assessment, or a rezoning..the list is endless.

In the business world, it often makes fiscal sense to settle a suspicious “slip and fall” case, for example–especially when the amount at issue is much less than the cost of litigating the matter. If a City did that–if it “bought off” relatively small claims–it would be tantamount to hanging a sign out that said “Come sue us–we’re patsies.” Plaintiffs and their lawyers know that, unlike many private defendants, government entities have money; if all they had to do was file a lawsuit, if they didn’t have to risk going to trial, it would be open season.

So–unless the City was clearly in the wrong– we litigated them all, large or small.

Thanks to Americans’ ignorance of the significant differences between the public and private sectors, there’s a widespread and profoundly naive belief that anyone can “do” government, that public sector experience and/or specialized skills are unnecessary.

I wonder how many terrorists Trump and his cabinet of inexperienced newcomers will negotiate with–and what it will cost us taxpayers– before they figure it out…

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Botswana, Micronesia and Us

According to the Pew Research Center’s “Fact Tank,” no other democratic nation elects its President quite the way the U.S. does, and only a handful are even similar.

Besides the U.S, the only other democracies that indirectly elect a leader who combines the roles of head of state and head of government (as the U.S. president does) are Botswana, the Federated States of Micronesia, the Marshall Islands, Nauru, South Africa and Suriname. (The Swiss collective presidency also is elected indirectly, by that country’s parliament.)

At this writing, Hillary Clinton looks likely to win the popular vote by over two million; Donald Trump won the electoral votes of the so-called “swing states” by the thinnest of margins–  a collective hundred and seven thousand votes.

The dictionary definition of “democracy” is “rule by the majority.” Although it is certainly true that America’s system was not originally intended to operate by majority rule (it was instead conceived of as a representative democracy), and it (thankfully!) remains true that our Bill of Rights limits what government can do even with the support of popular majorities, we have changed our electoral system over the years, and we have done so in the name of increasing popular democracy.

In two of the last four national elections, the candidate clearly preferred by a majority of citizens has not become President.

We need to ask ourselves whether America truly wants to move in the direction of genuine democracy, or whether we want to continue a system that privileges the votes of more rural citizens over the votes of urban Americans– a system that decides who will win based  not upon the larger number of votes cast, but upon where a candidate’s voters happen to live.

I fully expect that the elevation of a mentally unstable and monumentally unfit man to the Presidency of the most powerful nation on earth will usher in an era of chaos and social upheaval. I have no idea what will emerge in the aftermath–assuming that there is an aftermath, and that a thin-skinned and vengeful ignoramus in possession of the nuclear codes doesn’t destroy the planet.

If and when we do emerge, we need to decide whether we are committed to democratic decision-making or not. If we are, we have a lot of housekeeping to do.

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And the Hits Keep Coming….

Well, so far we’ve seen no sign of Donald Trump becoming more “Presidential.” In between his appointments of truly horrifying men to his cabinet, he continues to tweet petulant rejoinders to criticism and to whine about “unfair” media coverage;  those childish behaviors have distracted attention from his equally disastrous policy agenda.

To the (very limited) extent that Trump advanced policy proposals during the campaign, those proposals centered upon privatizing government functions. When you drill down on his promise to address America’s decaying infrastructure, for example, what you find is a scheme to give huge tax write-offs to private contractors, who would be expected to finance and repair our bridges, roads and sewers; essentially, his plan sells infrastructure to private interests.

As Josh Marshall writes at Talking Points Memo, 

There will be a mix of tax giveaways and and corporate welfare to incentivize private sector infrastructure spending. And there is good reason to think that most of those giveaways will simply be pocketed for spending that was already happening. In other words, big giveaways, more budget busting without even getting the benefit of new stuff or spurring demand.

As depressing as that particular “bait and switch” proposal is–after all, America desperately needs a massive infrastructure investment–it pales beside Trump’s promise to spend twenty billion dollars on a school choice initiative.

Twenty billion dollars is a lot of money. Although Trump hasn’t been specific about the source of those dollars (surprise!), it appears he intends to take it from the $15.5 billion currently going to Title I grants for districts and the $12 billion currently going to state grants for special education.

Raiding those two pots of money would be devastating to districts serving poor children and those with special needs, and there are significant practical, political and legal impediments to such a program. Even if those impediments could be overcome, however, a massive new effort to privatize–or more accurately, abandon– the nation’s public schools is exactly the wrong thing to do.

I know I sound like a broken record, but voucher proponents fail to understand both the mission and importance of public education. They see schools as “vendors” providing a consumer product called marketable skills– as places to train the nation’s workforce.

Providing students with marketable skills is important, but it isn’t education. And it most definitely is not preparation for life in a diverse democratic culture. Public schools have a civic mission; as Benjamin Barber once put it, they are constitutive of a public.

Abandoning our public schools and privatizing other essential government functions is tempting to lazy legislators and administrators alike, because it’s easy. It doesn’t require actually knowing enough about the function or mission involved to accurately analyze the problems, marshal the necessary resources, or do the hard work of fixing what’s wrong.

Unfortunately, easy answers are almost never the right answers. It turns out that when  public officials contract out government functions, they are still responsible for the results, and they typically lack the resources and expertise needed to properly monitor the contractor. The ensuing mistakes are costly, both politically and financially.

It also turns out that privatized schools and ill-conceived public-private partnerships have just as many problems and failures as public schools and projects, if not more–and they have the added negative effect of hollowing out government’s ability to function in important dimensions of our communal life.

Having raised children doesn’t equip me to offer child development services. Having run a business doesn’t equip someone to manage–or even understand– government. Trump is proving that point.

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Research Confirms…Or Does It?

A major contributor to the success of Donald Trump in the 2016 election was the level of social distrust, fed by the fragmentation of media and decline of credible, reliable journalism. Citizens simply don’t know what information they can trust–which sources are reputable and which are peddling disinformation–so they choose the “facts” that are most congruent with their pre-existing beliefs.

The problem isn’t limited to media sources.

A recent article by Harvard’s Shorenstein Center points to a phenomenon that has been depressingly obvious to academics and others engaged in legitimate research.

Think tanks often provide valuable and impartial policy research. But entrenched conflicts of interest across the political spectrum, and pandering to donors, often raise questions about their independence and integrity. A few years ago, think tanks were seen as places for wonky scholars and former officials to bang out solutions to critical policy problems. But today, as the Boston Globe has written, many “are pursuing fiercely partisan agendas and are funded by undisclosed corporations, wealthy individuals, or both.

The article provides journalists with tips on how to ferret out conflicts of interest or other indicators of bias; its list of appropriate inquiries will be helpful not just to reporters, but to citizens who are increasingly unsure of who and what to believe:

  • Look at the think tank’s annual report. Who is on staff? On the board or advisory council? Search for these people. They have power over the think tank’s agenda; do they have conflicts of interest? Use OpenSecrets’ lobby search, a project of the nonpartisan Center for Responsive Politics, to see if any of these individuals are registered lobbyists and for whom.
  • To find out more about an executive listed on the board, read his or her firm’s public filings with the Securities and Exchange Commission. Our accounting tip sheet should help.
  • Does the organization focus on one issue alone? If so, look carefully at its funding.
  • Does the organization clearly identify its political leanings or its neutrality?
  • Does the annual report list donors and amounts? Are large donors anonymous? If the answer to the second question is yes, you should be concerned that big donors may be trying to hide their influence.
  • What is its budget? Has the budget changed radically in recent years?
  • Does it have a conflict of interest policy?
  • Look up the address. Is it a street address or a post office box? Google either: Is it shared with other organizations? Do they share a suite, a phone? What is their relationship?

I have frequently written about the “wild west” that is our current media landscape. This article reminds us that it isn’t only conspiracy websites, social media “memes,” or the growing difficult of distinguishing satire from reporting that should worry us.

We have gone way beyond the days of the National Enquirer (my favorite headline ever: “Sadaam and Osama’s Gay Wedding”). Today’s inability to know which information resources are trustworthy and which are not is poisoning not only our ability to conduct fact-based discussions, but our willingness to trust our social and governmental institutions.

Social capital–the connections we have with others–requires general social trust. The continuing erosion of that trust threatens those human connections, not to mention our ability to see ourselves as members of a democratic polity.

I simply don’t know how we fix this and still maintain fidelity to the First Amendment.

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If I Had a Magic Wand….

Yesterday, I wrote that America’s governing systems no longer work properly. I believe the original, basic premises of our approach to self-government remain sound, but our “delivery systems,” the mechanics of representative democracy, have become corrupted.

With effort, those can be changed. One of the great benefits of America’s constitutional system is its flexibility. Despite persistent cries of alarm from so-called “textual originalists,” our legal system has continued to work because it has been remarkably adaptable to “new facts on the ground.”

It is undeniable, however, that our 200+ year old ship of state has taken on some barnacles.

Compromises intended to keep slave states happy (the Electoral College, for example) are poorly adapted to modern notions of democratic fairness; early allocations of  federalist jurisdiction are increasingly ill-suited to a mobile, connected population. Etc.

Assuming (as I do) that Trump’s election presages a period of turmoil and civic unrest during which many laws and institutions will be challenged and found to be unworkable, or understood to be hopelessly outmoded, what changes should we try to effect once the fever breaks?

Here are a few I think have merit:

We should establish a national, nonpartisan commission to administer elections under uniform standards. Many countries have such agencies. It would maintain voter rolls (we have no idea what turnout actually is, because there is a lag time during which states don’t know when a voter moves, or dies, and there are great disparities between states in record-keeping, purges, etc.), establish uniform times for polls to be open, prevent voter suppression efforts, and generally insure a fair and equal election process.

We should get rid of the Electoral College,  gerrymandering and Citizens United.

At the local level, we should sharply limit the positions that are elected. There is no reason to elect coroners, recorders, auditors, township trustees and the like. Some of these positions may no longer be needed; those that are should be appointed by Mayors or County executives. Similarly, Governors should appoint Attorneys General and Superintendents of Public Instruction. Making a chief executive responsible for these administrative positions would improve accountability and decrease political infighting.

There are a number of steps we might take to increase vote turnout and make election results more closely reflect the popular will. We can make election day a holiday, and/or vastly increase voting by mail.  (America is highly unlikely to make voting mandatory, as it is in Australia, but we might consider a “none of the above” option.)

In addition to such mechanical “fixes,” we need a population that is at least minimally civically-literate. The emphasis upon STEM education is all well and good, but it should not be allowed to crowd out the humanities and especially civics education. “We the People” or an equivalent high-quality civics curriculum should be required for high school graduation.

And I want to put in a plug for a “New GI Bill”: Upon graduation from high school, students would enroll in a one-year program of civic service and civic education. Upon satisfactory completion of that year, the government would pay for two years of college or other post-secondary training. The program would be open to everyone, but marketed heavily to the poor and disadvantaged.

We have massive amounts of research confirming that most Americans—rich or poor—know embarrassingly little about the economic and governmental structures within which they live. This civics deficit is far more pronounced in poor communities, where civics instruction (as with other educational resources) is scarce. Because civic knowledge is a predictor of civic participation, one result is that poor folks don’t vote in percentages equal to those of middle-class and wealthy Americans.

When people don’t vote, their interests aren’t represented.

Giving students from disadvantaged backgrounds an opportunity for post-secondary education—and conditioning that opportunity on a year of civic learning and civic service—would do two extremely important things: it would give those students the civic skills they need in order to have a meaningful voice in the democratic process; and it would reduce the nation’s currently unconscionable level of student loan debt.

Those are my beginning agenda items. I’m confident that there are numerous other ideas for reconstituting and revitalizing America’s politics and our commitment to the goal of e pluribus unum.

We’re in the middle of a very painful lesson in what isn’t working; let’s start considering what would.

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