Public Policy and Governance – Page 36

Another Answer To “What’s WRONG With These People?”

A lot of them are ignorant.

At least, if a recent report from the (admittedly leftish) New Republic is at all accurate. That article looked at the GOP crazies’ enthusiasm for a government shutdown, and found that–in addition to their antipathy to government in general–several of them appear convinced that a government shutdown would prevent the prosecutions of Donald Trump from continuing.

If this is really one of the motives for our current dysfunction, it rests on a misconception.

A government shutdown would not end the four Trump prosecutions! Two of them, of course, are being undertaken at the state level, in New York and Georgia, so Congress has no power over those at all. And the two federal ones, both led by Jack Smith, one in Washington, D.C., and one in Florida, are protected from any shutdown. In the past, reports NBC News, federal criminal matters have been exempted from government shutdowns. A Justice Department memo from 2021—long before Trump was indicted anywhere, so presumably written not with him specifically in mind—states that in the event of a shutdown, “criminal litigation will continue without interruption as an activity essential to the safety of human life and the protection of property.”

It’s hard to believe that people elected to the Congress of the United States are so ignorant of the rules promulgated by that government, but there is massive evidence that several of them really are that clueless. Marjorie Taylor Green comes to mind…. and how many times have you watched a political advertisement in which a candidate promises to do something that is either patently illegal or–as a practical matter– impossible? I always wonder whether the candidate really believes s/he can accomplish whatever it is, or whether (more likely) s/he thinks voters are too ignorant to know better.

That said, according to the linked article, most elected officials do know better.

Very few of them believe this garbage. As Mitt Romney told McKay Coppins recently, GOP senators regularly criticized Trump behind his back and once “burst into laughter” after he left the room. The House is more extreme than the Senate, so maybe a dozen of them really believe Trump’s narrative. But most don’t. And yet they say it and say it and say it, with conviction.

The only thing that explains the culture warriors who aren’t acting out of ignorance or stupidity is venality. Only a dishonest calculus can account for their public pronouncements: If pandering to a crazed base–a cult–is what it will take to avoid a primary challenge from the even-loonier Right, then that pandering will take priority over both personal integrity and the clear interests of the American public. There’s no bottom to their cupidity and self-interest.

Representative Andy Clyde—the guy who called January 6 a “normal tourist visit”—is seeking to add amendments to the appropriations bill to remove all federal funding from all three prosecutors (Smith, Fani Willis, and Alvin Bragg). Matt Gaetz and Marjorie Taylor Greene want to defund Smith. And Jim Jordan (of course) wants legislation dictating that the department can’t spend money on “politically sensitive” investigations.

Can these people possibly get more corrupt? (Don’t answer that.) But this is what happens when reality is turned on its head. Trump has created a “reality” that is the direct opposite of real reality. In real reality, ample evidence exists to suggest that Trump committed serious crimes, and he tried, right in front of our eyes, to lead a violent coup against the United States. But in Trump reality, it’s all McCarthyism.

The past few weeks have demonstrated just how little today’s Republican Party cares about governance or the American people. The GOP House members have vacillated between paralysis in the face of events requiring crucial decision-making, and toyed with installing a legislative terrorist as Speaker.

The last paragraph summed up our situation:

And let’s remember the bigger picture with respect to democracy. When one of two political parties is led by people who either (a) genuinely believe a fascist interpretation of reality or (b) don’t, but pretend to out of fear of a strongman and his well-armed followers … well, if that party takes power, democracy is kaput. We’ll find out soon enough how much of the country cares.

We will indeed.

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Tom Nichols Says It Best

I try never to miss an article or book by Tom Nichols, who writes for the Atlantic. He has a way of distilling observations into pithy statements that resonate with me (Probably because I agree with them…) A recent essay was particularly “on point.”

Nichols was addressing the situation in Congress, a situation that–sorry for my language–can only be considered a complete and utter shit-show. He began by dismissing the punditry’s seeming belief that the chaos and egomania on display are a betrayal of the Republican voters who voted for these buffoons.

The ongoing drama over electing a speaker of the House is not about governance. It’s about giving Republican voters the drama-filled reality show they voted for and want to see—even at the expense of the country.

Evidence supporting this view is abundant here in Red Indiana, where voters have returned culture warriors like Jim Banks to the House. Banks has enthusiastically supported Jordan, and is one of the many un-productive, anti-“woke,” theocratic and anti-woman fringe characters so beloved by the GOP base. He’s not the only one, but he is one of the worst.

Nichols takes a hard look at the current hard-to-believe debacle that is the Republican caucus:

Like many Americans, I have been both fascinated and horrified by the inability of the Republican majority to elect a new speaker of the House. I admit to watching the votes like I’m rubbernecking at a car wreck, but perhaps that’s not a good analogy, because I at least feel pity for the victims of a traffic accident. What’s happening in the House is more like watching a group of obnoxious (and not very bright) hot-rodders playing chicken and smashing their cars into one another over and over.

As I watch all of this Republican infighting, I wonder, as I often do, about GOP voters. What is it that they think will happen if Jim Jordan becomes speaker? Jordan has been in Congress for 16 years, and he has almost nothing to show for it. He’s never originated any successful legislation, never whipped votes, never accomplished anything except for appearing on Fox and serving up rancid red meat to his Ohio constituents and MAGA allies.

And therefore, as speaker, he would … what? Order up more impeachments, perhaps of Biden-administration officials? Shut down the government? Pound the gavel and prattle on for hours in his never-take-a-breath style? (Jordan’s the kind of guy who probably would have interrupted the Sermon on the Mount.) Perhaps from a position of greater power, he could more effectively assist Donald Trump in undermining yet another election in 2024.

If the continuation of this governance nightmare seems incredible, Nichols points out that it is the consequence of the GOP’s devolution into a White Christian Nationalist cult focused exclusively upon performative signaling and utterly uninterested in governing.

The disorder in the GOP caucus is not some accident or glitch triggered by a handful of reprobates, but rather a direct result of choices by voters. The House is a mess because enough Republican voters want it to be a mess.

This accusation might seem unfair: Jordan is just one member from a super-red (and blatantly gerrymandered) district, and many of his Republican colleagues are furious about this humiliating bungle. But right-wing voters have shown no inclination to punish people such as Matt Gaetz and other political vandals; indeed, Gaetz and his like-minded colleagues are rapidly becoming folk heroes in the Republican Party.

Nichols admits that it isn’t much consolation to recognize that Republicans like Jordan and Banks are doing what their voters want them to do, which is presumably bring government to a halt. After all, their antics endanger us all.

But to treat the GOP as merely dysfunctional is worse than a distraction; it is a fundamental error that offers the false hope that a mature and governing majority is somehow within reach, if only Jordan or Gaetz would get out of the way….

The twists and turns of the Trump years, in which many elected Republicans became big spenders, critics of law enforcement, and apologists for the Kremlin, illustrated that MAGA voters have almost no interest in anything like conservatism, or even in coherent policy. Instead, they want to indulge resentments and grievances that have little to do with government and everything to do with boredom and dissatisfaction in their own lives. A few years ago, I wrote a book about how such voters project that anger and sourness onto everything around them. Their ennui spurs their desire to see chaos, so they argue that the existing order needs to be shaken up, or burned down, or defunded.

Republican voters want entertainment, not governance.

Send in the clowns? Don’t bother–they’re here.

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Another Terrifying Analysis

An article I read in the New Republic last July--July of 2022 (not this year, when evidence of Congressional inability to even pretend to govern is unavoidable)–was sufficiently upsetting that I kept it in my “think about this” file. It was titled “It’s Going to Take Several Miracles to Keep America from Turning Into Hungary,” and it began as follows:

When Nancy Pelosi told reporters back in May that “this country needs a strong Republican Party, not a cult,” she was expressing the desire among those on the center-left and moderates for the United States to return to a bygone age of political normalcy. They remember when the GOP still had a moderate wing and kept the “wacko birds” (as Senator John McCain called them) at arm’s length; when President Reagan cut deals with House Speaker Tip O’Neill, and when Republicans believed that it was more important for democracy in general to prevail than the Republican Party. It’s a noble idea, but I can’t help but be reminded of what famed pilot Chuck Yeager once told me when I asked him a “what if” question: “And if a frog had wings, he wouldn’t bump his ass when he hopped.”

The truth is that American democracy is essentially broken beyond fixing and is unable to withstand a right-wing populist movement determined to destroy it. The Eisenhower wing of the GOP was rooted out long ago. It will take multiple miracles to avoid getting one or more of the “bad” endings in this Choose Your Own Adventure of dystopias. The best realistic case resembles a Jim Crow America from the 1920s, complete with a Gilded Age, mass migration, violent militias running amok, and no-go zones for minorities. The possibilities only go downhill from there into secession, fascism, and civil war.

When I first read this very gloomy analysis, I discounted much of it. (Okay, maybe not a lot, but at least some…) In the wake of the current wild dysfunction in the U.S. House of Representatives –dismissal has become a great deal more difficult.

The article quite correctly points out that–over a period of some 40 years– the Democratic party shifted incrementally to the left, while the GOP took “a giant leap to the right.” The focus of the Republican base since the Carter administration has been to increase its appeal to white evangelicals, who have very little in common with the American public at large. It is a White Christian Nationalist constituency that holds “outlier positions and priorities on almost every issue.”

And thanks to gerrymandering, that constituency has elected a collection of theocrats and posturing buffoons totally uninterested in the actual process of governance. As the article noted,

Since (roughly) the second term of the Bush administration, there has been a tacit understanding between the GOP and its base that they cannot win hearts and minds: The demographics of the U.S. are inexorably shifting toward nonwhites and secularism. Despite the postmortem on the 2012 election that called for a bigger-tent party, the GOP has settled on a strategy that it must take the wheel away from voters and steer the country with or without the consent of the governed…

The increasingly right-wing Supreme Court has stepped aside and allowed the de-democratization of large swathes of the U.S., by negating the enforcement mechanisms of the Voting Rights Act in Shelby v. Holder and permitting hyperpartisan gerrymanders in Gill v. Whitford.

The January 6, 2021, insurrection was a direct attempt to invalidate a legitimate election result, yet Republicans largely went along with it: Roughly two-thirds of House Republicans voted to give the insurrectionists what they wanted mere hours after they stormed the Capitol.

The GOP isn’t even bothering to hide its ultimate goal: to turn the U.S. into an authoritarian White Christian theocracy. “The 2022 Conservative Political Action Conference was held in Hungary to celebrate and learn what can be gained by killing democracy as Viktor Orbán has.”

The article was written before the 2022 midterms, and did not foresee one “miracle,” the failure of that year’s widely anticipated Red wave. But its essential message remains: absent a massive defeat of the cult that has replaced what was once the Republican Party, the nation will continue on its path toward governmental impotence and chaos–a path that will inevitably invite a “strongman” ala Orban.

What we’ve seen over the past couple of weeks is just a taste of what we’ll see if American voters do not decisively eject the Republicans who are intent upon rejecting constitutional, adult governance in favor of White Christian Nationalism.

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A Legislative Terrorist

As you all know, I am on a cruise, writing these posts from a spot on the Pacific Ocean. I’m currently six hours earlier than those on Eastern time, and thanks to the time difference and intermittent problems with Internet access, my grasp of the news is hit-or-miss. I’ve been following the incredible chaos playing out on the floor of the House of Representatives with what can only be called a feeling of unreality.

Evidently, Jim Jordan just lost his second attempt to be elected Speaker.

Jordan is easily one of the most despicable individuals ever to hold political office–and certainly one of the least able, least ethical, least accomplished people ever to be nominated as a leader of the legislative body. If successful, he would be third in line for the Presidency–a thought that makes me want to hurl.

Representative Pete Aguilar, a Democrat from California, really summed up the insanity of nominating someone like Jordan for Speaker. Aguilar began his brief talk by nominating Democratic minority leader Hakeem Jeffries (who garnered more votes than Jordan), and blaming extremism and partisanship for the unprecedented chaos of the House. He urged Republicans to “embrace bipartisanship to do the work the American people had sent them to Washington, D.C., to conduct,” an exhortation he must have known would fall on deaf ears.

Aguilar went on to point out that Jordan is the “architect of a nationwide abortion ban, a vocal election denier, and an insurrection inciter.”

He has “spent his entire career trying to hold our country back, putting our national security in danger, attempting government shutdown after government shutdown, wasting taxpayer dollars on baseless investigations with dead ends, authoring the very bill that would ban abortion nationwide without exceptions, and inciting violence on this chamber. Even leaders of his own party have called him ‘a legislative terrorist.’

Aguilar pointed to Jordan’s opposition to disaster relief, veterans’ relief, support for Ukraine, and military aid to our allies, including Israel, and added: “This body is debating elevating a speaker nominee who has not passed a single bill in 16 years. These are not the actions of someone interested in governing or bettering the lives of everyday Americans.” Jordan as speaker would mean the Republican Party would “continue taking marching orders from a twice-impeached former president with more than 90 pending felony charges.”

Aguilar’s litany was entirely accurate. (It was also incomplete–he omitted the scandal of Jordan’s coaching days, when he closed his eyes to the sexual abuse of his young athletes.)

What boggles the mind is that 200 House Republicans would ever vote to put someone accurately labeled a “legislative terrorist”–someone described by John Bohner as a destroyer, not a builder– in charge of anything, especially an American lawmaking body.

Sinclair Lewis warned us: it can happen here.

Thomas Edsall recently devoted a column to the state of American democracy, and included a quote from Liliana Mason that goes a long way toward explaining the otherwise inexplicable:

The election of Trump is the culmination of a process by which the American electorate has become deeply socially divided along partisan lines. As the parties have grown racially, religiously, and socially distant from one another, a new kind of social discord has been growing. The increasing political divide has allowed political, public, electoral, and national norms to be broken with little to no consequence. The norms of racial, religious, and cultural respect have deteriorated. Partisan battles have helped organize Americans’ distrust for “the other” in politically powerful ways. In this political environment, a candidate who picks up the banner of “us versus them” and “winning versus losing” is almost guaranteed to tap into a current of resentment and anger across racial, religious, and cultural lines, which have recently divided neatly by party.

We have evidently devolved as a nation into very strong, opposing tribal identities –in one of which racism plays a prominent role–and we now elect “lawmakers” who privilege their tribe’s “winning” over anything remotely resembling the common good.

Edsall also quoted Levitsky and Ziblatt, authors of a recent book on the perilous state of American democracy:

By 2016, America was on the brink of a genuinely multiracial democracy — one that could serve as a model for diverse societies across the world. But just as this new democratic experiment was beginning to take root, America experienced an authoritarian backlash so fierce that it shook the foundations of the republic, leaving our allies across the world worried about whether the country had any democratic future at all.

The results of the current effort to install a Speaker will be a clue……

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It Isn’t Just Tax Rates…

If voters ever wrest America’s government away from the Keystone Kops who are currently hijacking it, we might see a return to thoughtful policy discussions.

By “thoughtful,” I mean good-faith debates over the best way to approach various governmental tasks, conducted by people who actually understand the role and operation of government–and want it to work.

In other words, people other than Matt Gaetz and Marjorie Taylor Green and their ilk.

As readers of this blog know, I spent 21 years teaching classes in Law and Public Policy. Those classes explored both government’s policy processes and the legal and constitutional framework that constrains those choices. Ever since 2016, and the election of a buffoon whose entire administration was blatantly and proudly ignorant of both, I’ve missed the exploration of genuine policy differences –and the approach taken by public servants like former Senator Richard Lugar, who often referred to policy differences as “something about which people of good will can disagree.”

I thought about the current absence of “good will” when I read this paper issued by the Brookings Institution.The paper addressed the thorny issue of taxes, and how the American tax system distinguishes between–and differentially taxes– sources of income.

As the paper begins,

In a famous conversation, the author F. Scott Fitzgerald is credited with saying that “the rich are very different than you and me,” to which Ernest Hemingway replied “Yes, they have more money.”

Our work highlights another key difference: the most affluent Americans not only have more income; they receive it—and pay taxes on it—in vastly different ways than the rest of us.

For policy makers concerned about long-term fiscal shortfalls and high levels of economic inequality, our work reinforces the notion that raising the tax burden on the wealthy requires a special focus on how those households gain wealth and skirt taxes. We highlight four ways to effectively raise taxes on the wealthiest Americans.

The research focuses on an issue that serious policymakers understand, but that all-too-often is missing from public conversations about taxes. Those conversations tend to feature politicians appealing to voters with unrealistic promises to reduce the “tax burden” or eliminate certain taxes. ( Worse, when most voters think about taxes, they focus primarily on tax rates–and a not-inconsiderable number of Americans fail to understand the way marginal rates work. They think the highest marginal rate is applied to the taxpayer’s entire reportable income.)

The Brookings report focuses upon a related element of the tax system: the different ways in which we tax income generated differently.

Most Americans receive almost all their income through wages and retirement income (pensions, 401(k)s, social security, and individual retirement accounts). The most recent available IRS data (2014) shows that wages and retirement income made up 94% of adjusted gross income (AGI) for households in the bottom 80% of the income distribution. Even for households in the 98th to 99th income percentile, wages and retirement income accounted for 71% of AGI.

At the very, very top, though, these sources are less important, accounting for just 15% and 7% of the income of the top 0.01% and the top 0.001% of households, respectively. These households receive most of their income from investments (interest, dividends, and especially realized capital gains) and businesses (including sole proprietorships, partnerships, and S corporations). These items constituted 82% of income for the top 0.01% and 88% for the top 0.001%, compared to just 7% for the bottom 80% of households.

These patterns are robust over time and data sources. And in practice, the tilt toward capital income at the top is even larger than these figures suggest because AGI does not include the massive unrealized capital gains and very sizable inheritances that accrue to many affluent households.

The researchers proceed to suggest changes to the tax code that would have the effect of reducing the disparities that have contributed to our current gilded age, and I encourage you to click through and see whether you agree or disagree with their particular policy recommendations.

My point in highlighting this study, however, isn’t to endorse–or rebut–particulars.

This research –and similar investigations of the economic realities of American governance–is a welcome reminder of the way lawmakers should conduct policy debates: examining the evidence (what are we doing now, and what are the outcomes of what we are doing?); highlighting problems that such examination discloses (here, the widening gap between the rich and the rest); and considering policies that might solve or ameliorate those problems.

Budgeting and taxation are complicated issues about which people of good will can differ. But instead of people of good will–and thanks primarily to gerrymandering,–we have elected profoundly ignorant (and arguably crazy) people who think they were sent to Washington to destroy the federal government.

I miss policy…

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