Category Archives: Public Policy and Governance

If We Were Starting Over….

Every couple of years, I include a favorite question on the take-home final I give my graduate students. It’s probably time to retire it, but before I do, I’m curious to see how my blog community might answer it.

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 create a government for the society you hope to establish. You want to establish a new system that will be stable and enduring, but also flexible enough to meet unforeseen challenges. You also want to avoid the errors of the Earth governments that preceded you. Your answer should include the choices you make and the reasons for those choices, including: The type/structure of government you would create; the powers it will have; the limits on those powers, and methods for ensuring that those limits are respected; how government officials and policies will be chosen; and the fundamental social and political values you intend to inculcate and protect.

Most students respond by creating a system similar to the American model, with “tweaks”–usually things like universal health care or a constitutional amendment to the effect that money doesn’t equal speech. But on occasion, I’ll get a truly creative response–sometimes radically libertarian, sometimes communitarian/socialist.

The little community that has emerged in the comment section to this blog is demonstrably thoughtful and knowledgable. I’d be very interested in your responses to this “thought experiment.”

If humanity was starting over, and you were the one who got to make the decisions, what decisions would you make? What would a just and effective government look like in your brave new world?

Go!

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Privatization, Truth-Telling and Easy Answers

As I previously noted, I’ve been bemused by the level of interest in prison privatization displayed by my students this semester. The subject of contracting out in general, however, is a staple of my Law and Policy course.

Use of the term “privatization” is a misnomer; the impression is that a service or task is no longer being provided by government. That is rarely if ever the case, at least in the U.S. The term typically refers to a decision by a government agency to contract with a nongovernmental business or organization to provide a government benefit. Government continues to use tax dollars to pay for that service or benefit, and remains responsible for its proper delivery.

Sometimes, contracting out makes a lot of sense. Sometimes it doesn’t. So our class discussions are not “should we or shouldn’t we;” instead, we consider when and how. 

Unfortunately, in far too many venues, what should be a thoughtful consideration of relevant factors has become yet another ideological litmus test, with predictable consequences. An example:

When he was governor of Florida, Jeb Bush privatized veterans’ health benefits. It didn’t go well. As CNN reported

Bush’s experience outsourcing veterans’ nursing homes in Florida was a case study in privatization’s pitfalls. By the time it was over, Florida officials determined the state could provide higher-quality care at a better price for taxpayers.

Despite what should have been a sobering experience (click through for the details), Bush’s campaign continues to insist on the virtues of privatization, and claim it is “the remedy” for the problems experienced by the Veterans Administration.

I’ve picked on Bush, but there are hundreds of other examples, because we voters reward politicians who have bumper-sticker remedies for what ails us–politicians selling simple answers to complicated problems. (Are teenagers dropping out or getting pregnant? Put prayer back in schools! Is the economy underperforming? Cut taxes!) (Actually, “cut taxes” seems to be the one-size-fits-all solution for far too many politicians. Measles epidemic? Potholes? Crime wave? Whatever the problem, the reflexive answer is “Cut taxes!”)

The problem is, simple answers sell. We voters are far too ready to buy snake-oil, and far too reluctant to accept the reality that sometimes–not always, but often–the real answers begin with a recognition that “it’s complicated” and “it depends.”

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Real World Choices

In 1980, I was the Republican candidate running for Congress against Andy Jacobs, Jr..

Andy was an enormously likable and popular guy, who consistently won in a Republican district.  I never failed to make the point that the most important vote he cast was for Speaker of the House. If voters preferred that the GOP (which then included lots of fiscally-conservative, socially moderate, sane folks) control Congress, they needed to cast their votes accordingly.

It wasn’t a very persuasive argument. People like to believe that individual lawmakers (and Presidents, for that matter) can make more of a difference than they really can. And in all fairness, in 1980 there were a lot of officeholders in both parties who worked across the aisle.

That was then. Paul Krugman recently summarized where we are now.

There has never been a time in American history when the alleged personal traits of candidates mattered less. As we head into 2016, each party is quite unified on major policy issues — and these unified positions are very far from each other. The huge, substantive gulf between the parties will be reflected in the policy positions of whomever they nominate, and will almost surely be reflected in the actual policies adopted by whoever wins.

Krugman goes on to list the vastly different political priorities of today’s Republicans and Democrats, and to offer some reasons for what he calls the greatest partisan polarization since the Civil War.

My own shorthand–my own “litmus test” is simple: I’ve given up voting for the “best candidate,” or even for the “lesser of two evils.”  I vote for the candidate whose party is currently pandering to the least dangerous special interests.

We know who calls the shots in the party of Mike Pence, Mike Huckabee, Ted Cruz, Sheldon Adelson and the Koch brothers. Even if a slightly less rabid nominee emerges, he (it is very unlikely to be a she) will owe his soul to the theocrats and plutocrats of the very far right.

That’s damaging enough in Indiana, as we’ve seen. But it’s truly unthinkable at the national level; among other things, the next President is likely to fill several Supreme Court vacancies.

You don’t have to be thrilled with the Democrats, or a fan of Hillary Clinton (to be candid, I’m neither), to understand your real-world options.

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Shenanigans and the Proposed Justice Center

The Ballard Administration’s proposal to build a new Justice Center complex across the river from downtown just hasn’t smelled right for a whole host of reasons.

No one seriously doubts the need for such a facility, but critics have raised a host of legitimate concerns about this particular proposal. The excessive secrecy with which bids were solicited and evaluated raised red flags. The decision to use private financing via a lease/purchase when a public bond issue would be significantly cheaper makes no sense. The Council’s fiscal analyst has challenged the accuracy of claims that cost savings would cover lease payments without a need to raise taxes.

It isn’t just fiscal concerns, important as those are. Prior administrations have spent millions of dollars and much political capital building a robust downtown; what will happen to that downtown market if lawyers and other justice system enterprises (from bondsmen to court reporters) no longer work, shop and eat in the center city?

Architects and city planners have panned the design, and criminal justice reform groups have warned that going ahead as currently planned will foreclose needed changes to a dysfunctional system.

The Administration has ignored the critics, shrugged off the concerns and intensified pressure on the Council for a quick approval. That insistence on the need for haste has been unseemly, considering the huge amounts of money involved and the important issues raised, and Councilors on both sides of the aisle have expressed a desire to engage in a far more thorough and public review.

Unseemly, however, wasn’t the word that came to mind when I read the following in the Indiana Lawyer. 

Indianapolis City-County Council Chief Financial Officer Bart Brown said councilors have told him they’ve been offered up to $50 million in projects spread among five districts if they vote to approve the proposed $1.6 billion criminal justice complex.

The Administration has dismissed these allegations as “rumor,” and I certainly have no independent evidence one way or the other. It seems highly  unlikely, however, that five City-County Council members would invent such a story out of whole cloth.

As I wrote last month,

a deal this complex and expensive, intended to span this long a time-frame, needs to be done right. That means it needs to be thoroughly vetted by all stakeholders. I get suspicious when we’re given a short window within which to commit vast amounts of public money, and when the purported need for speed is based upon dark warnings that we need to move quickly in order to “lock in” benefits we aren’t even sure are there. 

I get a lot more suspicious when those lobbying for speed are offering a quid pro quo.

I suspect that someone stands to make a lot of money, and I’m pretty sure it isn’t us taxpayers.

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And We Wonder Why People Don’t Vote…

Can you spell Glenda Ritz?

Per the Indianapolis Star,

A bill that would result in the ousting of Glenda Ritz as the chair of the Indiana State Board of Education passed the House on Tuesday, moving a step closer to becoming a law….

The bill, which the House passed by a 56-41 vote, marks the latest blow to Ritz’s authority over education in Indiana.

Here’s the thing: I don’t know whether Ritz is competent or a complete doofus–and it doesn’t matter.  Indiana voters elected her. By a substantial margin. She got significantly more votes than Governor Pence (who, I note in passing, has shown himself to be a complete doofus without engendering legislation stripping him of his position).

Ritz’s election annoyed the arrogant Super Majority in our embarrassing, hyper-partisan and tone-deaf legislature. So they decided to reverse the election results and neuter her–and to symbolically spit on everyone who had voted for her. Because they could.

Let’s see: so far this session, the Governor and legislature have undermined thirty years of civic effort to sell Indiana as a welcoming place to live, turned down federal money that would have benefitted poor preschool children, created a “news bureau” that became a national laughingstock before being ignominiously abandoned, voted against use of the Common Construction wage (ignoring warnings by construction company owners and workers alike that the move will cost Indiana jobs), sent a “FU” message to the EPA….the list goes on.

We can only hope the General Assembly goes home before it can help the Governor do more damage.

Meanwhile, Hoosiers who support teachers, contractors, the environment, civil rights for LGBT folks, a free press and/or that pesky thing called democracy need to figure out how to make our votes count–and stick–in future elections.

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