An Idea Whose Time Has Definitely NOT Come

Periodically, I come across reports updating progress toward a so-called “Article V” Constitutional Conventions. The last time I looked, twenty-eight states had called for one; only thirty-four are needed.

I’ve shared my concerns about that movement previously–in mid-2014, in a column for the Indianapolis Business Journal, and again, on this blog,  in 2017. The major forces behind this effort to convene what proponents call an “Article V” convention are ALEC and the Koch brothers, which tells you pretty much everything you need to know about the motives of the proponents..

My original arguments against calling such a convention were rooted in history, which tells us that major changes in government rarely reflect the relatively benign and/or limited expectations of people who agitate for that change.

In this case, state lawmakers who favor a new constitutional convention argue that it would allow delegates to devise a framework for reigning in overspending, overtaxing and over-regulating by the federal government and would move the U.S. toward a less centralized federal government. Many of them insist that an Article V convention could be limited to consideration of those goals.

Warren Burger, former Chief Justice of the United States, begged to differ, writing

[T]here is no way to effectively limit or muzzle the actions of a Constitutional Convention.  The Convention could make its own rules and set its own agenda.  Congress might try to limit the Convention to one amendment or one issue, but there is no way to assure that the Convention would obey.  After a Convention is convened, it will be too late to stop the Convention if we don’t like its agenda.

But even if a convention could be limited, the enumerated goals are Pandora-box wide.

For example, Wall Street bankers argue that financial laws are “overregulation;” if polls are to be believed, most taxpayers view the same rules as barely adequate.

My definition of “overspending” would include the massive subsidies enjoyed by fossil fuel companies and the obscene amounts we spend on the military; yours might be Medicare or farm subsidies. 

“Less centralization” could justify virtually any limitation of federal government authority, from FDA regulation of food and drug quality to laws against discrimination.

I could go on. And on. But the risk isn’t simply that a Convention could rather easily be hijacked by people who disagree with the conveners about the nature and extent of needed changes, or even the  predictable influence of well-heeled special interests. The real danger is in calling together a representative group of Americans and asking them to amend a document that few of them understand.

Even bright graduate students came into my classes with little or no knowledge of American history or government. Most had never heard of the Enlightenment or John Locke or Adam Smith. A truly depressing percentage of my undergraduate students were unable to explain what a government is, and had no idea how ours operates. Separation of powers? Checks and balances? The counter-majoritarian purpose of the Bill of Rights? Blank stares.

The danger inherent in calling deeply polarized and depressingly under-educated politicians together to “improve” the Constitution should be obvious. Do we really want people like Marjorie Taylor Greene or Paul Gosar—or their Red-state-level clones–deciding how the American Constitution should be changed?

In the years since I first became aware of this effort, I have seen no reason to revisit my original concerns about such a convention. As Common Cause has warned,

With no rules and complete uncertainty about the constitutional process, an Article V convention would cause political and economic chaos. There is no language in the U.S. Constitution to limit a convention to one issue, no guidelines for rules to govern a convention, no rules on who picks the delegates and how they are selected, no guarantee that the American people would be equally represented, and no limits on corporate special interest influence.

I can only imagine what sorts of regulatory changes the Koch brothers hope to make, or what the armies of anti-journalism “Trumpers” would do to the freedoms of speech and press. Proponents of Pence-style “religious freedom” (a/k/a the privileging of fundamentalist Christianity) would see this as a God-given (!) chance to dismantle the Wall of Separation between Church and State.

We should also remind those who see such a convention as their chance to get rid of all those pesky constitutional provisions that keep them from installing a government more to their liking, that they are also at risk. A convention might also end up with participants reflecting  the majority of Americans who think it’s time to get rid of the Second Amendment and the Electoral College, and a great idea to outlaw gerrymandering…

In other words, such a convention would be a monumental crap-shoot.

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They’re Inextricably Connected…

Back in August, I came across a poignant, first-person essay in CounterPunch, a site I rarely access. (A reader may have sent it to me.) The essay was from a longtime journalist and professor of journalism at Indiana University, Bloomington who was mourning the demise of Bloomington’s long-time newspaper.

The author, Steven Higgs, wrote that the fall of the Herald-Times newspaper after  61 years had been 30-plus years in the making.

It’s a local story that mirrors the decline of daily newspapers nationwide and, along with it, American democracy. As I’ve long lectured to journalism students and anyone who would listen, it’s no coincidence that our democracy and journalism paralleled each other’s descent into the void, into these desperate times.

You simply can’t have the former without the latter.

Period.

When he began his career, his “beat” was county government. That included coverage of meeting of the County Commissioners, County Council, Plan Commission and Board of Zoning Appeals. He writes that he attended “every meeting from gavel to gavel and writing comprehensive meeting covers on each,” and that the newspaper had reporters who did the same for city government, schools and the state legislature.

Citizens of Bloomington and the surrounding areas were fully informed about what their government entities were proposing and doing. As a result, among other things, aroused citizens

* Killed outright a preposterous, experimental PCB incinerator that was supported by Westinghouse Electric Corp., our Mayor and City Council, the Indiana Department of Environmental Management and U.S. EPA;

* Transformed a Hoosier National Forest Land Management Plan that would have clearcut 81% of the forest and constructed 100 miles of ORV trails into the most ecologically sensitive forest plan in the nation; and

* Scuttled a plan by greedy local doctors to turn our hospital for profit.

In other words, the paper had been fulfilling the mission of journalism–giving citizens actionable information about their communities, information that allowed them to participate in democratic decision-making.

Then, as he recounts, the mission changed. Journalism was reconceived as purely a consumer product. He quoted the publisher of the Orange County Register saying “the paper no longer called its audience readers. They referred to them as customers.”

Then, of course, came the Internet.  And Craig’s List, the site that decimated the classified ad business nationwide.

It’s not that their concerns weren’t legitimate. But their initial responses were galling. For example, the H-T hired a consultant from the University of Missouri to deprogram the newsroom through a program called New Directions for News.

First, she sat a room full of professional journalists cross-legged on the floor, gave us pads and markers, and told us, “Forget everything you know about journalism.” Then she had us write down answers to questions like: “Ten things teenage girls would like to see on the front page of the newspaper.” “Ten things senior citizens would like to see on the front page.” Ad infinitum.

The decline was inevitable:

At its peak, the H-T had 38 newsroom full-time equivalents (FTEs). In 2019, when the paper sold to GateHouse Media, that number had dropped to 29.

In less than a year, GateHouse merged with Gannett. Three years later, FTEs dropped to about a third of its peak – to about a dozen.

Gatehouse and Gannett were–and are–what I would call “scavengers.” They have stripped newsrooms of knowledgable journalists, sold off real estate and other assets, and displayed zero interest in informing the sort of public debate that nourishes democratic governance. (If you don’t believe me, take a look at the Gannett-owned Indianapolis Star, which–absent some scandal or announcement– no longer covers local government, opting instead to focus on sports and entertainment.)

At the once-excellent Herald-Times, the story was the same.

On Aug. 12, three weeks after putting the building up for sale, Gannett laid off two more H-T reporters – one of my best and favorite former students among them – as part of the corporation’s latest cutbacksnationwide.

The Monday before the layoffs, Gannett CEO Michael Reed purchased $1.22 million of company stock for himself, according to an Aug. 13 article in the New Jersey Globe.

In today’s America, it is still possible to get national news, and from a wide variety of perspectives. But in community after community, local newspapers have either shut down entirely (over 2000 of them in the past several years) or become “ghost” papers like the Indianapolis Star- –papers with newsroom staffing so dramatically pared back that the remaining journalists cannot adequately cover their communities.

As a result, local residents no longer share a common understanding of what is happening in their communities, and no longer have the kind of verified, in-depth information that makes democratic decision-making possible.

Unfortunately, as Higgs said, you can’t have democracy without real journalism.

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Florida Man

Wikipedia defines “Florida Man” as an “Internet meme first popularized in 2013, referring to an alleged prevalence of male persons performing irrational or absurd actions in the US state of Florida.”

Governor Ron DeSantis is the embodiment of a Florida Man.

I have previously cited my cousin Mort– a nationally respected cardiologist who has written about the various kinds of “snake oil” routinely touted by  crazy folks or those out to make a buck– in prior posts. (If you are interested in his book on the subject, you can find it here.) He and his wife recently moved to Florida, and he has periodically shared his frustration with the DeSantis administration in op-eds published in the local newspaper.

Mort is especially appalled by DeSantis’ recent all-out attack on vaccines–an attack that depends for its effectiveness on ignorance of–and a broad repudiation of– medical science. As his recent op-ed began,

Florida Gov. Ron DeSantis has recently embraced COVID-19 vaccine skepticism, and has formed a state-wide group to investigate vaccine “wrongdoing” But in so doing, he is testing the limits of how far political interests can usurp the role of science.

After reviewing for readers the rigorous testing process that all medications , including vaccines, must go through before they are made available to the public, Mort shared the results of multiple peer-reviewed studies of the COVID vaccines. These studies–which involved thousands of individuals–confirmed the efficacy of the vaccines in preventing serious illness and death.

DeSantis–playing to the anti-science, anti-intellectual MAGA base– insists that these results ignore dangerous side-effects.

One of the research studies Mort cited provides a fascinating insight into the incidence of side-effects. It found that. “general adverse systemic reactions were experienced by 35% of placebo recipients after the first dose and 32% after the second. Those receiving the active vaccine experienced initially such symptoms in 46%.”

Placebos, of course, are harmless substances with no therapeutic effect–make-believe medications used by researchers as a control when testing new drugs. And yet, 32% of those receiving what were essentially sugar pills reported adverse side-effects.

What have these studies found to be the actual incidence and severity of side-effects?

Serious allergic reactions to both Pfizer and Moderna vaccines reportedly average between 2 and 10 per million doses. If this happens, healthcare providers can effectively and immediately treat these reactions. More common reports of inflammation of the heart muscle (myocarditis) or its coverings (pericarditis) are also rare and usually not severe. Reports of deaths after COVID-19 vaccination are also rare. The FDA requires healthcare providers to report any deaths after COVID-19 vaccination even if it’s unclear whether the vaccine was the cause. More than 657 million doses of COVID-19 vaccines were administered in the United States from December 14, 2020, through December 7, 2022. During this time, 17,868 preliminary reports of deaths (0.0027%) among people who had previously received COVID-19 vaccine, a percentage not significantly higher that those receiving placebos.

DeSantis’ call for a grand jury investigation of wrongdoing connected to the vaccines has been roundly debunked. As FactCheck reported,

While announcing a request for a grand jury probe into “crimes and wrongdoing” related to the COVID-19 vaccines, Florida Gov. Ron DeSantis and his panel of contrarian experts repeatedly suggested the shots were too risky. But such claims are unsupported and based on flawed analyses.

The vast majority of scientists, public health officials and other experts have endorsed the vaccines because the original randomized controlled trials and subsequent safety and effectiveness studies have shown the shots provide good protection against severe disease and death, with few safety concerns.

Leading this effort to misrepresent and politicize public health is Joseph Ladapo, DeSantis’ chosen surgeon general, who has promoted disproved treatments such as hydroxychloroquine and ivermectin, and questioned the safety of masking and vaccines. Ladapo has also recommended against vaccinating babies and children below the age of 5 and against vaccinating healthy children between the ages of 5 and 17. As FactCheck has reported, this advice is also at odds with that of the American Academy of Pediatrics, the CDC and numerous medical experts.

This deliberate effort to dissuade Florida residents from getting vaccinated is appalling. To the extent those residents believe DeSantis–and a majority of them did recently vote for him–the state will see many unnecessary deaths. I recently shared statistics showing that Republican deaths from COVID have greatly exceeded Democratic deaths, mainly as a result of lower vaccination levels among Republicans.

Worse still, Florida has a large elderly population, and the elderly are much more likely to die from COVID than younger, healthier individuals.

In his zeal to appeal to the GOP’S lowest common denominator, DeSantis is obviously willing to cause a few hundred extra deaths. He is thus the personification of a “male person performing irrational or absurd actions in the state of Florida.”

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What Did You Learn In School Today?

As Hoosiers anticipate the upcoming session of the General Assembly–an anticipation tinged with trepidation for many of us– we would do well to focus on the harms our Lords and Masters at the Statehouse intend to visit on public education this year.

This will be a budget year, and education is a huge part of that budget. I should note that, despite the pious concerns about taxes and spending voiced by Republican legislators each year, Indiana lawmakers have thrown millions of dollars into efforts to privatize education via the country’s largest voucher program, sending those dollars primarily to religious schools while routinely shortchanging the needs of our public schools.

According to the Indiana Capital Chronicle, the state is currently short 2300 teachers, a shortage undoubtedly exacerbated by inadequate pay levels and the legislature’s obvious disdain for the profession, demonstrated by its persistent efforts to dictate what can and cannot be taught in the classroom. In the upcoming session, a don’t say gay bill will be introduced, along with one purporting to keep Critical Race Theory out of the classroom. (The fact that actual CRT has never been in the classroom is irrelevant to the culture warriors, most of whom couldn’t tell you what it is if their lives depended on it.)

Classroom teachers and school board members I’ve talked to are exhausted by the constant assaults by Rightwing parents–the uninformed demands that they teach (or omit) certain materials,  efforts to ban books or remove them from school libraries, and hysterical accusations about education perceived to be “woke.” These high-decibel accusations are front-page news, despite the fact that–according to research–the great majority of Americans who actually have children in the public schools are satisfied with the education those children are receiving.

The harassment of teachers and school board members has little to do with what actually goes on in the nation’s classrooms; instead, it is one of the more visible battlefronts in the GOP’s culture war.

The linked study, done by Pew prior to the midterm elections, underscores the fundamentally partisan nature of the assault.

As the midterm election approaches, issues related to K-12 schools have become deeply polarized. Republican and Democratic parents of K-12 students have widely different views on what their children should learn at school about gender identity, slavery and other topics, according to a new Pew Research Center survey.

They also offer different assessments of the influence parents, local school boards and other key players have on what public K-12 schools in their area are teaching. Republican parents with children in K-12 schools are about twice as likely as Democratic parents to say parents don’t have enough influence (44% vs. 23%, including those who lean to each party). And Republicans are more likely than Democrats to say school boards have too much influence (30% vs. 17%). These parents also differ over the amount of input they personally have when it comes to what their own children are learning in school.

At the same time, Republican and Democratic parents – including those with children in public schools – are equally likely to say they are extremely or very satisfied with the quality of the education their children are receiving (58% each) and that the teachers and administrators at their children’s schools have values that are similar to their own (54% each).

The large differences between what Republican and Democratic parents believe their children should learn are illuminating.

When it comes to what their children are learning in school, U.S. parents of K-12 students are divided over what they think their children should learn about gender identity: 31% say they would prefer that their children learn that whether someone is a boy or a girl is determined by the sex they were assigned at birth, and the same share say they’d rather their children learn that someone can be a boy or a girl even if that’s different from their sex at birth. A 37% plurality say their children shouldn’t learn about this in school.

There is also no consensus when it comes to what parents want their children to learn about slavery: 49% say they would prefer that their children learn that the legacy of slavery still affects the position of Black people in American society today, while a smaller but sizable share (42%) would prefer that their children learn that slavery is part of American history but doesn’t affect the position of Black people in American society today.

The self-appointed education experts in Indiana’s General Assembly should take note of another Pew finding: more parents say that state and federal governments have too much influence on what goes on in the classroom–and complain that teachers and principals don’t have enough.

Perhaps if legislators respected teachers–and compensated them accordingly–we wouldn’t be frantically searching for 2300 more of them.

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Indiana Legislators Don’t Care What You Want…Or Don’t

The Indiana Capital Chronicle is one of a handful of new media sites trying to fill the dangerous void in news about local and state government. (As I frequently complain on this site, so-called “legacy media” like the Indianapolis Star have emptied their newsrooms of reporters as they’ve focused on cutting costs at the expense of real journalism. The result has been a news desert when it comes to informing citizens about their state and local governments.)

A recent column in The Capital Chronicle focused on what is perhaps the most annoying characteristic of Indiana’s General Assembly–its pursuit of legislation untethered to the needs or desires of Hoosier constituents.

As the columnist began;

My Christmas wish is pretty simple: I would like lawmakers to listen to what Hoosiers want. ALL Hoosiers, not just the loudest slice of their Republican constituents.

Poll after poll and survey after survey shows what Indiana residents are worried about, and what they aren’t.

Bellwether Research’s latest poll in early December surveyed 1,100 Hoosiers representing both the demographic and geographic layout of Indiana. It asked about their top priorities.

Wishes one and two were lowering health care costs and affordable housing, at 31% and 21% respectively….Next up was increasing K-12 education funding at 17%. Nothing after is in double digits

As Hoosier lawmakers prepare for the upcoming session, however, they are signaling their preoccupation with culture-war issues. Some are focusing on restricting dissemination of abortion pills through the mail; according to the polling, exactly 3% of Hoosiers care about restricting access to mailed abortion pills. (Quite the contrary: according to the article, the GOP’s own internal polling reveals that a solid majority supports abortion rights, and a survey by Ball State found that 56% of Hoosiers believe abortion should be legal in all or most cases.)

That poll also found that 56% of Hoosiers believe marijuana should be legal for personal use and 29% for medicinal purposes. Only 15% say it should not be legal…

Surveys also find only 6% of Hoosiers making oversight of K-12 curriculum a top concern, but the “usual suspects” in the Indiana Statehouse are busy preparing bills to combat “critical race theory,” which is not only not being taught, but is a rather rarified field of research into American legal systems pursued by a subset of law professors. Use of the terminology is not only inaccurate, it is intentionally misleading–a none-too-subtle “dog whistle” to White supremicists who want teachers to ignore certain aspects of the national story.

And of course, it wouldn’t be Indiana if our legislature failed to pick on LGBTQ Hoosiers. House Education Chairman Robert Behning has promised introduction of a “don’t say gay” bill–demonstrating that Indiana lawmakers aren’t intimidated by that pesky court ruling that found Florida’s “Don’t say gay” bill unconstitutional.

Most lawmakers send out constituent surveys on hot topics that they know will be coming up. They are clearly less scientific than the polls I have mentioned but even when legislators directly hear from their most engaged constituents they ignore the results.

Remember gun licensing from earlier this year? Not a single survey — that journalists could find — supported abandoning the carry permit. In fact they almost all said to keep the system as-is. But legislators tossed the licensing out with the bathwater — against advice of the Indiana State Police superintendent and the majority of law enforcement groups.

Growing up I was always told, “be careful what you ask for.” It seems lately the phrase for Hoosiers should shift to, “be careful what you DON’T ask for,” because you are increasingly more likely to get it.

The disconnect between what Hoosiers want and what we get from our lawmakers is a direct result of gerrymandering that produces safe seats and allow lawmakers to ignore the policy preferences of a majority of Indiana citizens.

Gerrymandering, after all, is the very best voter suppression tactic. Why bother to vote when the result has been foreordained–or, to use Trump language, when the election has been rigged? Gerrymandering amplifies the power of the fringes–the ideologues and culture warriors who vote in primaries–and effectively disenfranchises the rest of us.

Reporting on the antics at the Statehouse is one of the very few checks on lawmakers bent on pursing their own cultural fixations, and central Indiana has been ill-served by the Star’s devolution into sports and what has been called the “beer beat”–reports on new watering holes. That makes the arrival of the Indiana Capital Chronicle very welcome. The Chronicle describes itself as an “independent, nonprofit news organization dedicated to giving Hoosiers a comprehensive look inside state government, policy and elections.”

It’s probably wishful thinking, but perhaps a “comprehensive look” at what Harrison Ullmann dubbed the World’s Worst Legislature will trigger efforts at reform….

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