Taking Credit

What do scolds like yours truly mean when we bemoan low levels of civic literacy ? Rather obviously, it’s an accusation of  lack of knowledge of America’s legal/philosophical framework–the Constitution and Bill of Rights, an understanding of what is meant by the “rule of law.” But it’s also, increasingly, a reference to citizens’ lack of historical knowledge and worrisome ignorance of the realities of the governing and economic environment they inhabit.

Civic ignorance isn’t all the fault of individuals who simply don’t care or don’t pay attention. For many years, high schools have neglected civics instruction and whitewashed America’s history. And the fragmented nature of our information environment positively encourages misunderstanding –or often, offers politically-motivated mythology–about the performance of Presidential administrations.

We’ve just emerged from an election in which Trump benefited handsomely from that latter ignorance, as voters blamed Biden for an inflation that was worldwide, even though, under his administration, the U.S. brought it under control far more quickly than other nations managed to do.

Trump’s narrow win points to a major problem posed by Americans’ low levels of civic literacy–the erroneous assignment of credit and blame.

Simon Rosenberg recently considered that problem.

Joe Biden and Kamala Harris inherited one of the worst first days an American Presidential Administration in our history. Trump left us a dadly bungled pandemic response that caused hundreds of thousands of Americans to die unnecessarily, an economy in deep recession and a global economy teetering, a Capital City and our democracy that had just been attacked by Trump and his mobs. What Joe Biden and Kamala Harris walked into on January 20th was without doubt one of the worst first days an American Administration has ever faced.

Trump and Vance will inherit one of the best. The Biden-Harris job market has been the best since the 1960s. Wage growth, new business formation and the # of job openings per unemployed persons have been at historically elevated levels. Inflation has been beaten, gas prices are low, interest rates are coming down and our recovery from COVID has been the best of any advanced nation in the world. The dollar is strong. GDP growth has hovered around 3% for all four years of Biden’s Presidency and the stock market keeps booming. The uninsured rate is the lowest on record. Through historic levels of domestic production of renewables, oil and gas America is more energy independent today than we’ve been in decades. Crime, overdose rates, the flows to the border and the deficit have come way down. Biden’s big three investment bills are creating jobs and opportunities for American workers today and will keep doing so for decades if Trump doesn’t gut them. We’ve begun stripping away the requirement of a four year college degree for government employment and other jobs too. We’ve lowered the price of prescription drugs, capped insulin at $35 and this year all seniors will enjoy a $2,000 Rx price cap. The Iranian-Russian-Hezbollah-Hamas axis in the Middle East has been deeply degraded. The Western alliance has been rejuvenated…..

Rosenberg morosely itemizes what we know is coming: Trump will take credit for Biden’s accomplishments. If he doesn’t manage to tank the stock market, its health will be due to him.

The economy will be strong due to him. Crime will be down due to him. Seniors will have their prescriptions capped at $2,000 due to him. Bridges will be built due to him. Record domestic gas and oil production will happen due to him. Gas prices will be low due to him. Iran and Russia will be weakened in the Middle East due to him…….

Rosenberg writes that Americans need to engage in a “long and deep conversation” about why the story of the Biden-Harris administration failed to resonate with the public–why so many Americans simply failed to understand its really remarkable performance–and dramatically mis-remembered the chaos and ineptitude of the prior Trump administration. As Rosenberg writes,

There has been one big story in American politics since 1989 when the Berlin Wall fell – Democrats have made things better for the American people, Republicans have made them worse. We’ve repeatedly brought growth, lower deficits, rising wages, American progress. Republicans have brought 3 recessions in a row, higher deficits, American decline and now unfathomable MAGA ugliness and extremism.

Americans’ confusion of celebrity with actual accomplishment is responsible for some of the phenomena I lump under “civic illiteracy.” If Joe Biden had the glamour and oratorical skills of a Barack Obama, perhaps the successes of his administration would have been more widely understood.

Trump will take credit for Biden’s accomplishments. Those of us who know better need to be loud and persistent truth tellers.

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The Work Of Governing

An unfortunate side-effect of Americans’ fascination with celebrity is their accompanying confusion of fame with competence. That inability to understand the difference–especially when it comes to political campaigns– is largely a result of widespread ignorance of the day-to-day grunt-work of governing.

John Sweezy, the long-ago (now deceased) Republican chairman of my county party used to say that every citizen should be required to serve two years in government, and prohibited from staying for more than four years. While I disagreed with his four-year edict, I completely understood the benefit of a two-year stint that would introduce citizens to the distinctly unglamorous realities involved.

I served as Corporation Counsel in Indianapolis for a bit over two years, many–many–years ago, and it was an education. I was disabused of the then-widespread notion that civil servants were largely folks who couldn’t find private sector jobs–my co-workers were some of the brightest and most hard-working people I’ve ever known. Most of all, I came to understand the realities of government service, along with the difficulties of weighing competing public interests.

In one of her recent Letters from an American, Heather Cox Richardson illuminated those lessons by recalling the efforts that averted a threatened Y2K calamity.

When programmers began their work with the first wave of commercial computers in the 1960s, computer memory was expensive, so they used a two-digit format for dates, using just the years in the century, rather than using the four digits that would be necessary otherwise—78, for example, rather than 1978. This worked fine until the century changed.

As the turn of the twenty-first century approached, computer engineers realized that computers might interpret 00 as 1900 rather than 2000 or fail to recognize it at all, causing programs that, by then, handled routine maintenance, safety checks, transportation, finance, and so on, to fail. According to scholar Olivia Bosch, governments recognized that government services, as well as security and the law, could be disrupted by the glitch. They knew that the public must have confidence that world systems would survive, and the United States and the United Kingdom, where at the time computers were more widespread than they were elsewhere, emphasized transparency about how governments, companies, and programmers were handling the problem. They backed the World Bank and the United Nations in their work to help developing countries fix their own Y2K issues.

Those of us who were adults in the run-up to the turn of the century still remember the dire warnings. Planes would fall out of the sky, computers would fail to work, the funds in your bank account would be inaccessible…on and on. Preachers of some religions predicted the end times.

None of that happened, not because the threat was unfounded, but because public servants worked for many months to correct the problem. As Richardson wrote,

In fact, the fix turned out to be simple—programmers developed updated systems that recognized a four-digit date—but implementing it meant that hardware and software had to be adjusted to become Y2K compliant, and they had to be ready by midnight on December 31, 1999. Technology teams worked for years, racing to meet the deadline at a cost that researchers estimate to have been $300–$600 billion. The head of the Federal Aviation Administration at the time, Jane Garvey, told NPR in 1998 that the air traffic control system had twenty-three million lines of code that had to be fixed.

Richardson followed her description of the problem and its solution with what I will label “the moral of the story.”

Crises get a lot of attention, but the quiet work of fixing them gets less. And if that work ends the crisis that got all the attention, the success itself makes people think there was never a crisis to begin with. In the aftermath of the Y2K problem, people began to treat it as a joke, but as technology forecaster Paul Saffo emphasized, “The Y2K crisis didn’t happen precisely because people started preparing for it over a decade in advance. And the general public who was busy stocking up on supplies and stuff just didn’t have a sense that the programmers were on the job.”

I don’t know how to make the majority of American voters understand that when they cast a ballot, they need to vote for someone with the skills or background to understand the job–someone who is competent to fix the sorts of problems governments encounter. When they vote for an entertainer, or culture warrior, or “outsider” who proudly claims to know nothing about politics or government, they get what they vote for–and governing suffers.

After all, most of us wouldn’t choose a doctor who’d never been to medical school…

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An Object Lesson

The most frustrating thing about Indiana’s terrible legislature is the dismissal of empirical evidence by the super-majority of GOP ideologues impervious to any facts contrary to their closely-held beliefs.

When reality conflicts with the religious fundamentlism that permeates their worldviews, Indiana citizens suffer. We are already seeing the truly horrific consequences of Indiana’s abortion ban–women suffering and dying unnecessarily, and large parts of the state becoming ob/gyn deserts. We are also seeing it in the legislative (and gubernatorial) insistence on funding religious schools at the expense of the state’s public schools, despite the amply-documented negative effects on education. (People familiar with education policy have long been aware that vouchers were intended as an Establishment Clause “work around,” not as an educational tool.)

The Republican super-majority–and Governor-elect Braun–are intent upon extending Indiana’s dreadful school voucher program despite its costs, despite the failure of vouchers to do any of the things that were initially promised, and despite the fact that voters have rejected voucher programs in every state where a vote has been allowed.

Not only has the General Assembly continued to send tax dollars to private schools that are overwhelmingly religious, that money has continued to flow with minimal oversight. A recent investigation by Pro Publica has documented what happens when tax dollars support schools while imposing virtually no rules or offering any transparency.

The article began by chronicling  the closing of the “Title of Liberty” private school. The principal informed parents that

They could transfer their children to another private or charter school, or they could put them in a microschool that the principal said she’d soon be setting up in her living room. Or there was always homeschooling. Or even public school.

These families had, until this moment, embodied Arizona’s “school choice” ideal. Many of them had been disappointed by their local public schools, which some felt were indoctrinating kids in subjects like race and sex and, of course, were lacking in religious instruction. So they’d shopped for other educational options on the free market, eventually leading them to Title of Liberty.

Arizona offers Empowerment Scholarship Accounts — a type of school voucher spreading to more than a dozen other states. ESAs give parents an average of over $7,000 a year in taxpayer funds, per child, to spend on any private school, tutoring service or other educational expense of their choice. There is little oversight, and as the article notes, no transparency.

The state never informed parents who were new to Title of Liberty and were planning to spend their voucher money there that it had previously been a charter school called ARCHES Academy — which had had its charter revoked last school year due to severe financial issues. Nor that, as a charter, it had a record of dismal academic performance, with just 13% of its students proficient in English and 0% in math in 2023.

When it was a charter (which is a type of public school), these things could be known. There was some oversight. The Arizona State Board for Charter Schools had monitored the school’s finances and academics, unanimously coming to the conclusion that it should be shut down.

Arizona does no vetting of new voucher schools. Not even if the school or the online school “provider” has already failed, or was founded yesterday, or is operating out of a strip mall or a living room or a garage, or offers just a half hour of instruction per morning. (If you’re an individual tutor in Arizona, all you need in order to register to start accepting voucher cash is a high school diploma.)

You really should click through and read the whole, depressing article.

To the best of my knowledge, Indiana’s program doesn’t pay individual tutors, but there is a similar lack of accountability. (Charter schools–which, unlike voucher schools, are public schools–are supervised and must have institutional authorizers. It’s an important difference.)

Honest folks who numbered among the original proponents of Indiana’s voucher program have conceded the failure of the program to achieve its desired results.  Michael Hicks, for example, who had been an advocate of expansive “school choice,” recently wrote that “school choice effects are smaller than almost anyone hoped or expected. Today, it’s clear that the average student in private school underperforms their public school counterparts (charter schools tend to out-perform both).”

I don’t expect Indiana’s legislature to modify its support in response to the mountains of negative evidence, just as I don’t expect them to reconsider the state’s abortion ban just because women die. Over 90% of Indiana’s vouchers go to religious schools, and supporting those schools is their actual definition of “success.”

And we wonder why educated students flee the Hoosier state…..

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Reclaiming America

In the wake of the November election, I can’t count the number of friends and family members who have declared a moratorium on political news–who have taken a “time out” in order to protect their equilibrium/sanity and avoid descending into depression.

I will admit that I have dialed back my usual immersion in the news, for the same reason. It really has been an act of self-preservation to take a vacation from the evidence that so many  Americans have dismissed the ideals of our founding, and are willing to close their eyes to threats posed to the principles that truly did make America great.

But a vacation is not a departure, and it’s time to determine how each of us can contribute to a massive uprising of people who may have different political affiliations and/or policy goals, but who agree on the importance of protecting civil liberties and participatory democracy in the face of the grifters, autocrats and racists–elected and otherwise– who are preparing to assume control of the government.

If those of you reading this are like me, your inbox has been filling up with notices from political and nonprofit organizations, both local and national, outlining their preparations for sustained activism in the face of those threats. One example–Democracy 2025–lists 280+ member organizations, and over 800 Lawyers, advocates, and experts already engaged in the work.

Despite claims, no President or their allies can just snap their fingers to implement an anti-democratic vision. Our laws and Constitution provide real protections and tools through the courts and in our communities to stop abuses of power and harms to people. Still, these threats are real, so we’re prepared to confront them.

Learn more about the threats we’ve identified, and check back often as we release additional analysis, tracking, and tools to respond.

I’ve received dozens of other, similar announcements, although none with as extensive a list of participants.

Local organizations–including numerous bipartisan and nonpartisan ones– are also gearing up to defend fundamental constitutional values, recognizing that what we are facing is not a partisan political confrontation, but a civic, social and indisputably moral conflict. We can go back to arguing about politics and policy when we have restored the rule of law and respect for time-honored democratic norms.

As Mark Twain once wrote: Patriotism is supporting your country all the time, and your government when it deserves it.

A group of local organizations that define patriotism as Twain did is planning a rally at University Park, in downtown Indianapolis, on January 20th–the same day as the Inauguration and also, coincidentally, Martin Luther King, Jr. day. The rally is intended to reaffirm attendees’ commitment to King’s vision and opposition to the restoration of White Nationalism and patriarchy. There will be uplifting music, readings that remind us of America’s historical aspirations, and messages from clergy of different faith traditions. (Yours truly will also participate in the program.)

We will pledge allegiance to the America we love and believe in–a generous and welcoming country devoted to liberty, inclusion and equal civic participation.

The rally– titled Reclaim, Rebuild and Resist– will begin at 10:00 a.m and end at noon. It is intended to demonstrate a firm and unyielding commitment to the principles of liberty and equality enshrined in the U.S. Constitution and Bill of Rights, and espoused by Dr. King—to reaffirm our support for the original American motto: e pluribus unum (out of the many, one), and our concerns for the threats posed by members of the incoming state and federal administrations to the values of inclusion, equality and the rule of law.

We will pledge to reclaim the visions of Dr. King and other social justice warriors, to help in efforts to rebuild and reinforce America’s democratic institutions, and resist attacks on foundational American values from any and all sources.

If you live in central Indiana, I hope you will attend. And bring your friends and families.

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And So It Begins…..

As predicted, it’s beginning. “It” is the regulatory dismantling that became inevitable when our rogue Supreme Court overruled “Chevron deference” and held that judges, rather than subject-matter experts, should decide regulatory policies.

A court has now struck down Net Neutrality.

If you are unfamiliar with this policy, or unsure why it matters, Vox had a comprehensive explanation back in 2016, when the Trump administration attacked it. Basically, Net Neutrality prohibits Internet Service Providers (ISPs) from discriminating among users.

Trump’s prior assault on Internet equality was just one of his efforts to make America “great” for the powerful and wealthy. Now, Trump’s remade Court has super-charged the fight against the government’s ability to impose fair “rules of the road.”

As the New York Times reported,

A federal appeals court struck down the Federal Communications Commission’s landmark net neutrality rules on Thursday, ending a nearly two-decade effort to regulate broadband internet providers as utilities.

The U.S. Court of Appeals for the Sixth Circuit, in Cincinnati, said the F.C.C. lacked the authority to reinstate rules that prevented broadband providers from slowing or blocking access to internet content. In its opinion, a three-judge panel pointed to a Supreme Court decision in June, known as Loper Bright, that overturned a 1984 legal precedent that gave deference to government agencies on regulations….

The F.C.C. had voted in April to restore net neutrality regulations, which expand government oversight of broadband providers and aim to protect consumer access to the internet. The regulations were first put in place nearly a decade ago under the Obama administration and were aimed at preventing internet service providers like Verizon or Comcast from blocking or degrading the delivery of services from competitors like Netflix and YouTube. The rules were repealed under President-elect Donald J. Trump in his first administration.

I have previously explained why the Loper Bright decision was so wrongheaded–and another stunning departure from longstanding precedent.

Robert Hubbell has addressed the ruling with his usual common sense explanation.

One of the major controversies of the Court’s 2024 term was the termination of the Chevron doctrine that afforded deference to federal experts charged with rulemaking pursuant to congressional regulation. The reactionary majority on the Supreme Court concluded that federal judges—with crushing caseloads—are better equipped to make discretionary policy judgments about rules authorized by Congress to regulate industries as varied and complex as nuclear energy, general aviation, drug testing, coal mine safety, and deep-water oil drilling. See Loper Bright Enterprises v. Raimondo,

In short, the Roberts’ Court substituted itself for tens of thousands of subject-matter experts with hundreds of thousands of years of experience regulating complex industries.

The first significant casualty of the Court’s hubris in Loper Bright was the “net neutrality” doctrine. A three-judge panel of the Sixth Circuit overruled the FCC’s interpretation of whether broadband internet service is “an information service” or a “telecommunications service for purposes of the Telecommunications Act of 1996.” 

Hubbell goes on to quote Chris Geidner’s Substack.

In the relatively brief, 26-page decision, [Judge] Griffin declared that three judges sitting on an appeals court representing four states in the middle of the country were better suited to decide what a law in place since the mid-1990s means than the experts or political appointees at the FCC.

Instead of the executive branch issuing its interpretation, subject to electoral constraints and judicial review (and with the benefit of those subject experts on the agency’s staff), a man who has been a judge since the 1980s wrote the Sixth Circuit’s opinion deciding the matter on Thursday . . . .

Welcome to the brave new world of federal judges overruling experts charged with rulemaking by Congress.

As I have previously explained, Chevron deference was a well-considered judicial doctrine that had been applied for 40 years in over 18,000 decisions. It applied to the multiple situations in which Congress sends “ambiguous” directions to executive agencies staffed with people who are experts in the particular area. That ambiguity is intentional and necessary; Congress isn’t equipped to determine the proper levels of contaminants in water or to identify carcinogenic chemicals–and even if such specifics were part of the legislation, they would be incredibly difficult to monitor and/or update as technical knowledge advances.

Under Chevron, technocrats didn’t have the last word–if a plaintiff could show that a regulation was unreasonable, courts could and did overrule it. The rule simply recognized the complexity of the world we inhabit–and the importance of specialized expertise–an importance this arrogant Court dismisses.

As Tom Nichols has amply documented, in the age of MAGA, education, knowledge and expertise have become unacceptably “woke”–and certainly not entitled to respect.

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