Public Policy and Governance – Page 307

The Silver Effect

Remember facts? Those verifiable observations about that thing we call reality?

Pinch me, because I think they may be coming back. The signs are there, although subject to alternative interpretations (making predictions is not unlike reading entrails).

First, there was Nate Silver. Silver’s dogged focus on data drove a lot of discussion during the election. That focus wasn’t new–he’d also predicted the 2010 Republican blowout–but his insistence upon empirical investigation hadn’t previously gotten noticed by people outside the world of political junkies. When the spin-meisters pooh-poohed his “novel methodology” (aka beginning with facts), they succeeded in illuminating their methodology, the technical name for which is “making stuff up.” In the wake of the election, there has been a subtle but discernible shift in the media toward actual fact-checking.

Exhibit two: Costco. No kidding. I got my most recent Costco member’s magazine, and was leafing through it, when I came to an article titled “Won’t Get Fooled Again.” It was a story about fact-checking on the Internet. The gist was that more and more fact-checking sites are popping up to join Politifact, Snopes and Factcheck.com. This phenomenon tells me a couple of things: there’s a market for fact-checking the “information” that’s so readily available but so often misleading; and recognition of the need for verification is widespread enough to merit notice from a mass retailer like Costco.

Exhibit three: in an inventive vein, I got an email the other day advertising something called LazyTruth [link]. It’s a plug-in for Chrome that automatically scans email for information that FactCheck.org and Politifact have deemed false. If something doesn’t check out, it’ll provide a few words of correction and a link to where you can find out more. You can then easily pass that verified information on to the crazy uncle or friend who forwarded the email to you in the first place. Down the road, the developer plans to add more kinds of rumors to LazyTruth’s filter — urban myths, hoaxes, false security threats, etc. — but for now the tool is limited to political tall tales.

As anyone who reads this blog knows, I’ve been very concerned about the loss of journalism–real journalism that deals with verifiable facts about actual events that matter in a democratic system, that gives us the information we need to keep our government and other institutions accountable. These signs that we may be groping our way toward new ways of obtaining the facts we need are incredibly encouraging. The return of respect for actual facts rather than desirable fabrications is more than welcome.

I think I’ll call it “the Silver Effect.”

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A Lesson from David Frum

Since he left the Bush Administration, David Frum has consistently offered good sense to a political party increasingly disinclined to listen. Yesterday, I happened upon a column he wrote in the run-up to Tuesday’s election that should be heeded by every American–Republican, Democrat, Libertarian, Green…whatever. All of us who have navigated the partisan mine-field in order to cast a vote should embrace his message.

When the polls close in most other democracies, the results are known almost instantly. Ballots are usually counted accurately and rapidly, and nobody disputes the result. Complaints of voter fraud are rare; complaints of voter suppression are rarer still.

The kind of battle we are seeing in Florida — where Democrats and Republicans will go to court over whether early voting should span 14 days or eight — simply does not happen in Germany, Canada, Britain or France. The ballot uncertainty that convulsed the nation after Florida’s vote in 2000 could not happen in Mexico or Brazil.

Frum explains that in most other democratic countries, elections are run by independent, nonpartisan agencies. As a consequence,

Politicians of one party do not set voting schedules to favor their side and harm the other. Politicians do not move around voting places to gain advantages for themselves or to disadvantage their opponents. In fact, in almost no other country do politicians have any say in the administration of elections at all.

In those countries, ballots and voting machines are standardized nationally. Everyone votes the same way, meaning–among other things–that you don’t need to figure out a new system when you move to another state or even to an adjoining county.

The United States is an exceptional nation, but it is not always exceptional for good. The American voting system too is an exception: It is the most error-prone, the most susceptible to fraud, the most vulnerable to unfairness and one of the least technologically sophisticated on earth. After the 2000 fiasco, Americans resolved to do better. Isn’t it past time to make good on that resolution?

I couldn’t agree more.

Frum doesn’t mention it, but such an independent, nonpartisan agency should also be vested with redistricting, under strict rules about respecting geographic and community boundaries and drawing compact districts with equivalent numbers of voters.

There’s a substantial body of evidence to the effect that people are more willing to abide by the results of an election–or any contest–if they believe the fight was fair. Conspiracy theories take root when systems are or appear to be rigged. We know that partisans will engage in “dirty tricks” when operating in systems that offer the opportunity; when the playing field is not seen as level, even rational citizens become paranoid about campaigns and cynical about government.

In sports, we don’t allow the players to be their own referees and umpires; the integrity of the game requires impartial supervision.

Aren’t elections at least as important?

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The Great Disconnect

As another election season comes to a (merciful) close, one lesson is abundantly clear: there is a huge disconnect between the skill sets public offices require and the sales pitches candidates are making.

In a very real sense, campaigns are job applications and the candidates are the applicants. We voters are the folks doing the hiring. In order to make informed “hires,” we need to know two things: what competencies the job requires, and which of the “applicants” is best equipped with the requisite skills and personality, in addition to our preferred policy positions.

Is this an election for Mayor, Governor or President? We need someone who understands the relevant administrative structure, who is able to assess and recruit knowledgeable technocrats and aides, who has a good grasp of economic and budgetary issues, tax policies, intergovernmental relations and the mechanics of service delivery. It is highly desirable that the applicant be aware of the competing needs and desires of the diverse constituencies to be served and have an ability to communicate with representatives of those constituencies.

Is this an election to fill a legislative seat? In addition to the skills listed above, a policy background is highly desirable—as is a demonstrated ability to work in a collegial and bipartisan way with other legislators and members of the Executive Branch.

If democratic processes are to produce satisfactory results, voters need information that allows them to match the qualifications of the candidates to the requirements of the position. Unfortunately, it is impossible to sit through the avalanche of misleading 30-second spots, scurrilous Internet postings or negative direct-mail pieces that flood our in-boxes and snail-mail boxes and not conclude that the task is impossible, and that the American electoral process is badly broken.

There is no dearth of theories about what ails us: too much money, too much rigid ideology, too much partisanship, too many lobbyists, too many pundits and too few real reporters….the list is extensive, and all of the items on that list undoubtedly contribute to the sorry state of today’s politics. But these things would matter less if the electorate were better informed. (You knew I’d harp on that, didn’t you?)

But really. Look at the spots these candidates are running.

For example, Mourdock is still airing that spot blasting Donnelly for voting to raise the debt ceiling. This political attack depends for its effectiveness on public ignorance of the difference between a vote to raise the debt ceiling and a vote to add to the national debt. Large bipartisan majorities have raised the ceiling without controversy for many years, because members of both parties have understood that difference.

As I have previously noted, the national debt is a real problem. Reasonable people can disagree about the mix of “revenue enhancements” (aka taxes) and spending cuts needed to address that problem, how much stimulus is needed to get the economy moving again, and what programs might be cut without harming our still-tenuous recovery from the Great Recession. But only someone with absolutely no understanding of the economic system advocates a reckless act that would make it impossible for the U.S. Government to pay its bills—and only an uninformed voter would respond positively to such advocacy.

More typical political attacks are variations on the theme that “Congressman (or legislator) X has been in Washington (or the Statehouse) for Y years, but we still have problem Z.” No one who understands checks and balances and the limits on what any individual member of a legislative body can accomplish is going to take such a charge seriously. The fact that political candidates believe this to be an effective argument tells us a lot about that candidate’s respect for the intelligence of the average voter.

There is another possibility, of course. It may be that these appeals are not simply cynical ploys based upon perceived public ignorance. It may be that the people who are running for office are the ones who are ignorant. They may actually believe their own arguments. In several races around the country, candidates are promising to enact policies that are clearly unconstitutional. Others are promising to achieve economic results that are mathematically impossible. Knowledgeable folks tend to discount these statements as political games candidates play, but in at least some cases, it’s clear the candidates themselves really don’t know any better.

That’s scary.

It would be nice if we could simply shrug off the more embarrassing examples of electoral dysfunction, but the quality of our political candidates ultimately affects both the voting public and the public administrators trying to serve that public.

Electing people to set policy in areas they don’t understand is a major barrier to public problem solving. If members of the House Science and Technology Committee reject evidence of global climate change (last year, one member reassured a panel of climate scientists that we don’t need to worry because after the flood, “God promised in Genesis that He would not destroy Earth again, and I believe God”), where will we find the human and fiscal resources necessary to combat global warming or reduce carbon emissions? If members of the Texas Board of Education reject evolution and choose creationist textbooks that are then adopted for use throughout the country, how do conscientious science teachers do their jobs? For that matter, where will we find the next generation of competent biologists and doctors?

There are a number of things we can do as individuals and working with others to help clean up the disaster that is our current election system. We can visit fact-checking sites to vet campaign pronouncements. We can work to reform the redistricting process. We can support measures making it easier to register and vote. We can sign on to one of the various efforts to reverse Citizens United – the case that opened the money spigot that became the gusher of SuperPac spending. Those of us who are educators can work to raise the levels of civic literacy in this country.

Meanwhile, we all need to withhold our votes from those who run campaigns based on appeals to public passions and popular ignorance.

We need to close the great disconnect.

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Those Big, Bad, Trial Lawyers

Richard Mourdock and Mike Pence have been having some problems the past couple of days trying to downplay their enthusiastic participation in the GOP’s War on Women–explaining that they really, truly love female incubators…er, women. (We just need to remember why their God put us on this earth…)

So it may be timely to remind ourselves that the War on Women (and its attendant dishonesty) isn’t limited to matters of reproduction.

For example, I see where the Romney/Ryan ticket is explaining its lack of support for the Lilly Ledbetter Act by claiming the legislation isn’t really about equal pay for equal work. No sireee. It’s just an effort to enrich those awful, terrible, liberal trial lawyers.

A couple of days ago, on ABC, Sen. Marco Rubio (R-Fla.), a leading Romney surrogate, argued, “[J]ust because they call a piece of legislation an equal pay bill doesn’t make it so. In fact, much of this legislation is, in many respects, nothing but an effort to help trial lawyers collect their fees and file lawsuits, which may not contribute at all whatsoever to increasing pay equity in the workplace.”

Paul Ryan, Romney’s running mate, said something very similar last week, criticizing the proposal as being little more than “opening up the lawsuits and statute of limitations.”

Romney allies have justified their opposition to the Lilly Ledbetter Act on these grounds for months. Pete Hoekstra, who is running for U.S. Senate in Michigan, called the Lilly Ledbetter Fair Pay law “a nuisance.” Another Romney surrogate said the law is little more than “a handout to trial lawyers.” Wisconsin Gov. Scott Walker (R) agrees–of course, he approved and signed legislation repealing Wisconsin’s equal pay law, so that shouldn’t come as a surprise.

There’s just one little problem with this effort to pretend that their problem isn’t with women getting treated equally. As it happens, trial lawyers–no matter how clever–cannot collect a fee unless and until they win the case.

Let me put this in language even non-lawyers will understand. Trial lawyers generally take cases on contingency. That means that unless they win the case, neither they nor the client will see a penny. Contingent fee arrangements, whatever their defects, give people access to the justice system who could not otherwise afford a lawyer. Contingent fee arrangements also provide a powerful incentive to lawyers to take only “meritorious” cases–no lawyer in his right mind wants to spend months or years on a case that’s a likely loser and won’t pay a dime. (Even when the lawyer thinks a case is very solid, there is always a substantial risk of losing. As I used to tell my clients, going to trial is always a crap shoot, no matter how strong a case you think you have.)

So–if we follow the argument being made by the Romney camp, they oppose the Lilly Ledbetter Act because lawyers who win cases–by proving that their clients were denied equal pay for equal work–will make money.

But they aren’t against equal pay for women. No siree. If you want to give all your employees who are doing the same work the same pay, why that’s fine. But if you don’t, you shouldn’t have to worry that the big bad trial lawyer will come after you.

They aren’t against equal pay for us girls. They’re just against providing a remedy to those of us who get shafted.

Just like they aren’t for rape. They’re just against allowing a woman who gets pregnant as a result do anything about it.

They may not be humane (or even human), but you have to give them credit: in this, at least, they’re consistent!

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It All Depends on What Your Definition of “Job” is….

I’m getting tired of politicians piously declaiming that “government can’t create jobs.” (That statement is generally followed by that candidate’s jobs plan. Irony, anyone?)

The truth is that even if you reject the notion that public policy can create an atmosphere that facilitates job creation, government is a huge employer. Almost one of every five American workers is employed in the public sector – working in our schools, colleges, universities, police and fire departments, and providing many other vital public services. One of the biggest drags on employment since the start of the Great Recession–one of the reasons that job creation has not been more robust–is that state and local governments have laid off so many of those public sector workers. Such job growth as has occurred has been almost entirely in the private sector .

Those public sector jobs (we used to call them “public service” jobs) have become a handy target for ideologues who rant about bloated government and overpaid public sector workers, but the inconvenient truth is that modern society requires educators and police officers and people who work at the BMV. When their ranks get too thin, we complain about government inefficiency, or insufficient public safety, or classrooms that are too large.

A modern, complex society requires an agency that monitors the environment, that oversees food and drug quality (more meningitis, anyone?) and performs numerous other tasks that individuals in urban environments cannot do individually. Unfortunately, we still need soldiers. All these people may be bloated bureaucrats in the public imagination, but when that schoolteacher or firefighter is furloughed, we are suddenly faced with reality.

Of course, even the politicians who are fond of declaiming that government can’t create jobs betray their hypocrisy by accusing “big government” of killing jobs with taxes and regulation. Their claim–implicit and explicit–is that lower taxes and less regulation will foster job growth. But when tax cuts imperil our ability to provide essential services, jobs go elsewhere. When we go too far with deregulation, we get more instances like the recent deaths from meningitis.

I know it isn’t as satisfying as making sweeping proclamations about the evils of government and the glories of the private sector, but we need to admit that modern life is complicated. We need the right levels of taxes, the proper regulation. Those things need to be carefully calibrated to achieve our goals, not subjected to simple-minded “either-or” formulations.

And we need to laugh out loud the next time a political figure says that government doesn’t create jobs.

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