What Is Government’s Role?

Americans love to defend liberty–and oppose government actions that they believe intrude on that liberty. (Granted, all too often they are perfectly willing to have government limit other people’s liberties, especially when those other people don’t espouse the same religious beliefs they hold, but that’s a subject for another day…)

We’re just emerging from one of those periodic, heated debates, triggered by “patriots” offended by government’s effort to prevent the spread of a deadly disease. Again, I’m not spending many pixels on the anti-mask, anti-vaccination folks, because (with very few exceptions) they are so clearly wrong–not just on the science, but on the role of government–not to mention remiss in discharging their most basic obligations to other humans. People who don’t believe public health is a public good that governments are bound to protect are beyond the reach of logic and reason.

In many other areas, we get into various shades of gray. There are plenty of issues that raise legitimate questions about the proper role of the state. I’ll admit to qualms, for example, about things like seat belt laws and similar”nanny state” measures, meant to protect individuals from their own heedless or self-destructive behaviors.

I was recently prompted to think about the proper and improper use of government authority when I read a recent “Eye on the Pie” column written by my friend Morton Marcus. Marcus, for those of you unfamiliar with him, is an economist and former director of the Indiana Business Research Center at Indiana University. In this particular column, he defended governmental “intrusion” on the most hallowed of rights: property rights. He argued (I think persuasively) that your house may be private property, but it also has characteristics of a public good.

My house can be seen by anyone driving down my street. Unless I go to great trouble, I can not stop you from seeing my house. I can’t charge you for looking at my house.

But what you see of my house influences your opinion of my block and the price you’d pay to live near me.

Broken windows, leaky roofs, sagging gutters, piles of trash, and abandoned furniture are not inviting signs of habitation. Such a house may be a fire hazard and a danger to its neighbors.

At the same time, if my house has rats or unhealthy conditions, it may pose a health hazard not only to my family, but to yours as well. My children play with your children. I meet you in the grocery. We family may be carriers of disease, my house a public health menace.

Governments have limits on private behavior when public health and safety are at risk. Yet, we’ve seen great resistance to action that infringes on presumed private rights.

We don’t enforce building codes. We allow structural deterioration and abandonment. We don’t insist houses have adequate insulation from the cold of winter and the heat of summer to protect residents from chronic illness..

Our collective neglect is excused because we believe we’re protecting the poor and/or elderly who cannot afford repairs or adequate weatherization.

Yet our housing stock is one of the most vital aspects for the economic development we seek. Our state provides funding to restore abandoned, old movie theaters, but does little to resurrect declining houses.

Our reluctance to infringe on the “rights” of a property owner conflicts with the community’s need to preserve its critical assets.

Morton argues that there are many negative consequences of not treating housing stock as a public good: decay of our central cities, abandonment of our smaller towns,  encouragement of urban sprawl and environmental degradation.  He blames the  “infatuation with the myth of unlimited private property rights.”

Of course, as any lawyer will confirm, there are few if any rights that are “unlimited,” and property rights are no exception.  Laws against nuisance, and minimum upkeep regulations–neither very well enforced, unfortunately–are meant to protect the considerable investments people make in their homes.

Morton’s column raises some thorny issues: does government have an obligation to ensure that people’s homes are humanly habitable? How far does that obligation extend before it becomes an unconstitutional invasion of property rights? What about the rights of homeowners whose properties are adjacent to homes that have been allowed to deteriorate?

If we are talking about property values, it is interesting to note that, in historic areas that are subject to more stringent government regulation, values are not only stable, but tend to be higher.

I’m not entirely sure where I come down on what are often very technical/legal questions of property regulation, but I am sure that these are precisely the sorts of questions our elected officials ought to be debating–rather than worrying about my uterus, Jewish space lasers, or being “replaced.”

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How Deep It Goes

I left the Republican Party in 2000, but for several years after my departure I held to the belief that the changes I’d seen–the growing radicalization and disregard for evidence that concerned me–remained an essentially fringe phenomenon. Yes, the fringe was growing; yes, it was exerting a troubling amount of control over the reasonable folks who still were in the majority, but it wasn’t (I fondly believed) a wholesale abandonment of sanity and reason in service of bigotry.

I was wrong.

There are undoubtedly people who remain part of the GOP from inertia, or denial, but it is no longer possible to view the Republican Party as anything but a threat to American liberty and equality. In the wake of the horrific massacre in Buffalo, Dana Milbank described the GOP’s transformation from a traditional political party to a White Nationalist cult. He cited statistics for the proposition that the problem–the moral rot– goes “well beyond the rhetoric of a few Republican officials and opinion leaders. Elected Republicans haven’t merely inspired far-right extremists. They have become far-right extremists.”

The study, released on Friday by the Institute for Research and Education on Human Rights, a decades-old group that tracks right-wing extremism, found that more than 1 in 5 Republican state legislators in the United States were affiliated with far-right groups. The IREHR (which conducted a similar study with the NAACP in 2010 on racism within the tea party) cross-referenced the personal, campaign and official Facebook profiles of all 7,383 state legislators in the United States during the 2021-22 legislative period with thousands of far-right Facebook groups. The researchers found that 875 legislators — all but three of them Republicans — were members of one or more of 789 far-right Facebook groups. That works out to 22 percent of all Republican state legislators.

I haven’t had time to access the study to ascertain how many of those state-level legislators are members of Indiana’s Statehouse, but I’m sure the number is significant.

The numbers reported are hair-raising enough, but the study excluded from its definition of far-right groups what it called “historically mainstream conservative groups” such as the National Rifle Association and even pro-Trump and MAGA groups. It included  contemporary iterations of the tea party and selected antiabortion and Second Amendment groups, white nationalists, neo-Confederates and sovereign citizen organizations that claim to be exempt from U.S. law.

In other words, the study looked only at the most radical of the reactionary groups.

Arguably, then, the study understates the true overlap between state-level Republican legislators and the far right. (Also, for obvious reasons, researchers couldn’t count legislators who belong to the several extremist groups that keep their memberships secret.)

Some of these far-right figures already have high profiles. ProPublica last fall identified 48 Republican state and local government officials — including 10 sitting state lawmakers — on the membership roster of the Oath Keepers, a militant extremist group. One Arizona state senator, Wendy Rogers, gained national attention for a speech to a white-nationalist conference in February during which she called for violence. Her remarks to the gathering (which Reps. Marjorie Taylor Greene (R-Ga.) and Paul Gosar (R-Ariz.) also addressed) earned her a rebuke by her fellow GOP state senators but proved to be a fundraising bonanza.

Proponents of “replacement theory” have been growing in number since Fox News’s Tucker Carlson has been championing the claim.

Though based in actual demographic trends — Americans of color will gradually become a majority in coming decades — “Great Replacement” holds that Democrats and the left are conspiring by nefarious means to supplant White people.

This idea, expressed by the alleged Buffalo killer (11 of the gunman’s 13 victims were Black), has found support from Stefanik (N.Y.), the No. 3 House Republican. She accused Democrats of “a PERMANENT ELECTION INSURRECTION” in the form of an immigration amnesty plan that would “overthrow our current electorate.”

Variations of this have been heard from Republicans such as: Rep. Scott Perry (Pa.), chairman of the House Freedom Caucus (“we’re replacing … native-born Americans to permanently transform the political landscape”); Sen. Ron Johnson of Wisconsin (Democrats “want to remake the demographics of America to ensure … that they stay in power forever”); Rep. Gaetz of Florida (Carlson “is CORRECT about Replacement Theory”); Vance, the party’s Senate nominee for Ohio (“Biden’s open border is killing Ohioans, with … more Democrat voters pouring into this country”); and Gingrich, former Republican House speaker (“the anti-American left would love to drown traditional, classic Americans … to get rid of the rest of us”).

It’s one thing to name (and–one hopes–shame) the highly visible Republicans promoting this racist bilge, but they aren’t the real problem. The real, very scary problem is that these  people are garnering votes and winning elections.

The real problem is the rank-and-file Republicans who support them.

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If Demography Is Destiny…

Ultimately, of course, demography is destiny, but if significant changes in the makeup of the population fail in the short term to change the status quo, those changes do tell us a lot about our current civic unrest, including acts of domestic terrorism.

The Brookings Institution has issued an analysis of the most recent census and it points to the demographic realities that have triggered the racist backlash we are experiencing.

The big picture shows healthy growth in our larger cities–what the report calls “major metro areas”–despite the fact that the nation as a whole experienced historically low growth over the past decade. (The decline in the nation’s overall growth rate is attributed to reduced immigration, a decline in fertility and an increased death rate due to an aging population.)

The disproportionate growth of urban America was characterized by increased racial and ethnic diversity, especially among youth populations–a data point that undoubtedly feeds the grievances of MAGA Republicans. Much of that metropolitan growth occurred in the South.

Reflecting changes from earlier decades, six of the fastest-growing metro areas in 2010-2020 were located in the traditional Sun Belt magnet states of Texas (Austin, Houston, Dallas, and San Antonio) and Florida (Orlando and Jacksonville), along with three southeastern metro areas (Raleigh, N.C., Charlotte, N.C., and Nashville, Tenn.) as well as Seattle.

Brookings notes that every metro area with greater than 10% growth is located in either the South or West except three: Columbus, Indianapolis, and Minneapolis-Saint Paul. I was pleasantly surprised to find Indianapolis in that category. (The rapidly changing populations of Florida and Texas may help to explain the increasingly frantic efforts of Abbott and DeSantis to energize their GOP bases before the demographic shift overtakes them…)

The most politically potent information was the data on increased diversity.

The 2010-2020 decade continued the nation’s “diversity explosion” that was already evident in the 2010s. This was especially the case among the nation’s major metro areas. While people of color (those identifying as Latino or Hispanic, Black, Asian American, Native Hawaiian or other Pacific Islander, Native American/Alaska Native, or as two or more races) together comprise more than two-fifths (42%) of the total U.S. population, they now comprise over half (50.3%) of the combined populations of major metro areas.

The impact of this minority concentration is most apparent in 20 of the 56 major metro areas, where people of color now comprise more than half of the 2020 population. This was the case for only 14 major metro areas in 2010 and just nine in 1990. The newcomers to this category are metro area Dallas, Orlando, Fla., Atlanta, Sacramento, Calif., New Orleans, and Austin, Texas. As shown in Map 2, most of these are located in California and Texas, where the greatest minority populations tend to be Latino or Hispanic. Metro area Chicago is close to being next in tipping to minority-white status.

Rising diversity is not specific only to these minority-white metro areas. Each of the nation’s 56 major metro areas registered a decline in its white population share since 2010 and, in 41, the decline was 5 percentage points or more. Metro area Seattle led all others, with a decline from 68% white in 2010 to 58% in 2020. Las Vegas experienced the largest 20-year change, from 60% white in 2000 to 39% in 2020.

Brookings also looked at the data on neighborhood segregation, finding limited improvement nationally. Milwaukee, interestingly, remains the most highly segregated city in the U.S.

Another very troubling finding was an absolute decline in the youth population.

The 2020 census data allows for an assessment of the size and recent changes in the nation’s under-age-18 population (referred to here as the “youth” population).

An especially noteworthy finding is the overall decline in this population by over 1 million during the 2010- 2020 decade. In a country that is rapidly aging, such an absolute decline in the youth population represents a demographic challenge for the future.

As White American fertility has declined, the percentage of the youth cohort that is White has also declined.

 The 2020 census shows that more than half of the youth population in 37 major metro areas are people of color, up from 24 in 2010 and 16 in 2000. The rise of youths of color is a key element of the changing demographics of America’s under-age-18 population. These groups have not only stemmed a sharp decline in the youth population but, as they age, will be driving most of the growth in the nation’s labor force.

There’s lots more data and many charts at the link, but the overall picture is clear: America is becoming more urban; it is also aging and rapidly diversifying.  Many older White Americans perceive these demographic shifts as an assault–not just on their status as the “real Americans,” but on their very concept of what America is.

They’re terrified and they’re angry. And they’ll vote for candidates who promise to prevent the inevitable.

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Free Speech For Those Who Can Afford It

When John Roberts was elevated to the Supreme Court, my concerns weren’t focused on his likely conservative/ideological rigidity. (That was —and remains–my concern with subsequent Justices.) My “reading” of Justice Roberts was that he would instinctively side with power and authority–that he was likely to be pro-government and pro-business elite in situations calling for more searching inquiry into the equities involved.

I am not happy to report that my concerns were well-founded.

Roberts is solicitous when it comes to the rights of American elites. The defense of corporate “free speech” rights in Citizens United required an airy disregard of the foreseeable consequences of that decision for the electoral system. The opinion simply ignored the issue of disproportion, disingenuously equating the free speech rights of everyday citizens with the free speech rights of those who have massive resources at their disposal.

The problem began when the Court equated money with speech, and in Citizens United and several subsequent cases, it has steadily chipped away at McCain-Feingold restrictions meant to level the political playing field.

A few days ago, Len Farber reminded us of the quote from Anatole France that is perfectly applicable here: “The law, in its majestic equality, forbids the rich as well as the poor to sleep under bridges, to beg in the streets, and to steal bread.”

The most recent example of this sanctimonious and dishonest approach to the constitutional right of free speech came in a case brought by the odious Ted Cruz.

The case challenged a law limiting the amount of campaign funds that can be used to repay personal campaign loans to $250,000.  In a decision further weakening campaign finance regulations, the court held that a federal cap on candidates’ use of political contributions after an election to recoup personal loans made to their campaign was unconstitutional.

Roberts wrote the majority opinion, protecting the “free speech” rights of candidates with the resources to lend their campaigns enormous sums. Justice Elena Kagan cut through Roberts’ “free speech” pose to zero in on the real issue.

In her dissenting opinion, Kagan criticized the majority for ruling against a law that she said was meant to combat “a special danger of corruption” aimed at “political contributions that will line a candidate’s own pockets.”

In striking down the law today,” she wrote, “the Court greenlights all the sordid bargains Congress thought right to stop. . . . In allowing those payments to go forward unrestrained, today’s decision can only bring this country’s political system into further disrepute.”

Indeed, she explained, “Repaying a candidate’s loan after he has won election cannot serve the usual purposes of a contribution: The money comes too late to aid in any of his campaign activities. All the money does is enrich the candidate personally at a time when he can return the favor — by a vote, a contract, an appointment. It takes no political genius to see the heightened risk of corruption — the danger of ‘I’ll make you richer and you’ll make me richer’ arrangements between donors and officeholders.”

Even if we give Roberts the benefit of the doubt–if we assume that, from his lofty perch, he really doesn’t understand how the political “real world” works–it’s difficult to understand this decision. (Former Congressman Lee Hamilton used to say that the Supreme Court would benefit greatly from fewer Ivy League graduates and more Justices who had run for county sheriff–people who understood the gritty realities of political life.)

Cruz argued that “by substantially increasing the risk that any candidate loan will never be fully repaid,” the law forces a candidate to think twice before making those loans in the first place. The underlying assumption of his argument, of course, is that “serious”candidates for office are wealthy enough to self-finance their campaigns. This decision allows those wealthy candidates to do so without risking an actual loss of some portion of their funds, because they can now recoup the entire amount from post-election campaign fundraising.

As the Deputy Solicitor argued, the law “targets a practice that has significant corruptive potential.”

“A post-election contributor generally knows which candidate has won the election, and post-election contributions do not further the usual purposes of donating to electoral campaigns,” he said.

Campaign finance watchdogs supported the cap, arguing it is necessary to block undue influence by special interests, particularly because the fundraising would occur once the candidate has become a sitting member of Congress.

As one election law expert commented, “the Court has shown itself not to care very much about the danger of corruption, seeing protecting the First Amendment rights of big donors as more important.”

As an Atlantic  newsletter concluded: campaign-finance regulation in the U.S. has all but vanished.

This decision is more evidence–as if we needed it– of a Court that has lost its way.

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Keeping Americans “Mad As Hell” 24/7

I don’t regularly read Mother Jones, so I had missed a profoundly important analysis by Kevin Drum that ran in that publication last October. I’m indebted to Gerald Stinson for sharing it.

Drum asks: why are Americans so angry? He notes that the anger is almost entirely political (most of us aren’t mad at our families, friends, plumbers)…

Research suggests that our “national temper tantrum” began in 2000, and Drum methodically investigates–and discards– the usual explanations for that vitriol. He demonstrates that Americans are no more addicted to conspiracy theories than we ever were, for example. (Hofstadter wrote about American paranoia back in 1964, after all.)

He also discounts the role of social media, while acknowledging that–like all new forms of communication–it has had a political effect. When we examine how social media affects what we learn about politics, he writes:

This obviously depends on how much political news we get from social media in the first place, which turns out to be surprisingly little—at least when it comes to actual articles or broadcast segments, not hot takes from your Uncle Bob.

And then there’s that pesky timeline: social media can’t explain something that started 20 years ago.

Drum also makes short shrift of the argument that we’re all mad because everything has gotten worse. It hasn’t, and he shares data showing that Americans’ opinions on virtually every aspect of our communal lives has remained constant–albeit with two very troubling exceptions. One is the rise of White grievance:

White respondents believe that anti-white bias has been steadily increasing. And the American National Election Studies, among other polls, have showed this belief in so-called reverse racism is overwhelmingly driven by white Republicans. This trend starts before 2000, but it’s growing and is an obvious candidate to explain rising white anger—as long as there’s something around to keep it front and center in the minds of white people.

The other is a precipitous collapse of trust in government.

If the “usual suspects” don’t explain our current fears, hatreds and political divisions, what does? Drum’s conclusion: Fox News.

When it debuted in 1996, Fox News was an afterthought in Republican politics. But after switching to a more hardline conservatism in the late ’90s it quickly attracted viewership from more than a third of all Republicans by the early 2000s. And as anyone who’s watched Fox knows, its fundamental message is rage at what liberals are doing to our country. Over the years the specific message has changed with the times—from terrorism to open borders to Benghazi to Christian cake bakers to critical race theory—but it’s always about what liberal politicians are doing to cripple America, usually with a large dose of thinly veiled racism to give it emotional heft.

As Drum notes, rage toward Democrats means more votes for Republicans. Creating that rage is what Fox does.

As far back as 2007 researchers learned that the mere presence of Fox News on a cable system increased Republican vote share by nearly 1 percent. A more recent study estimates that a minuscule 150 seconds per week of watching Fox News can increase the Republican vote share. In a study of real-life impact, researchers found that this means the mere existence of Fox News on a cable system induced somewhere between 3 and 8 percent of non-Republicans to vote for the Republican Party in the 2000 presidential election. A more recent study estimates that Fox News produced a Republican increase of 3.59 points in the 2004 share of the two-party presidential vote and 6.34 points in 2008. That’s impact.

As we saw earlier, the past couple of decades have seen a steady increase in the belief among white people—particularly Republicans—that anti-white bias is a serious problem. Fox News has stoked this fear almost since the beginning, culminating this year in Tucker’s full-throated embrace of the white supremacist “replacement theory” and the seemingly 24/7 campaign against critical race theory and its alleged impact on white schoolkids. This is certainly not all that Fox News does, but it’s a big part of its pitch, and it fits hand in glove with Trump’s appeal to white racism…

Thanks to Fox News, conservative trust in government is so low that Republican partisans can easily believe Democrats have cheated on a mass scale, and white evangelicals in particular are willing to fight with the spirit of someone literally facing Armageddon.

You really need to read the whole, lengthy analysis.

Drum concludes “It is Fox News that has torched the American political system over the past two decades, and it is Fox News that we have to continue to fight.”

But he doesn’t tell us how.

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