Hollowing Out The Federal Government

A recent article by two notable scholars of government, Don Kettle and Paul Glastris, reminded me of my old preoccupation with what Americans erroneously call “privatization.” I began to research the issue after watching the very uneven results of then-Mayor Goldsmith’s love affair with the concept. (A search for the term “privatization” through the archives of this blog will return a number of detailed posts on the subject.)

My skepticism begins with the misuse of the term;  unlike actual privatization–which would involve selling off government operations and allowing them to sink or swim in the marketplace (a la Margaret Thatcher), Americans use the term to mean government “contracting out” for goods and services. There are obviously times and tasks where contracting makes sense. My concern is that government isn’t a very good judge of when and what those are. Contracts with units of government are qualitatively different from contracts between private actors, and those differences make it far more likely that the contracts ultimately negotiated will be unfavorable to taxpayers.

And of course there’s the predictable “crony capitalism,” contracts rewarding campaign donors with lucrative contracts at taxpayer expense.

A few years ago, I came across data suggesting that the federal government actually pays the salaries of some 17 million full-time contract workers who aren’t technically government employees.

A number of the problems created by extensive federal contracting are the subject of the linked essay, titled (tongue in cheek) “To AOC: Only you can fix the federal government.”

You and other progressive leaders have bold ideas for how government can help people and save the planet. The Green New Deal. Medicare for All. Free college. A massive investment in public housing. We aren’t in full agreement with that agenda, but that’s not our point. Our point is that to achieve your goals, you’re going to need a federal government as robust as your ideas. And right now, you don’t have it.

Instead, the government agencies you’ll need to carry out your policies are a disaster waiting to happen. Like the infrastructure you and others rightly say needs rebuilding, our federal bureaucracies are a patched-together mess that can barely handle the weight of the burdens already placed on them.

The essay pointed to specific examples, including the GOP’s assault on the Internal Revenue Service.

In 2004, George W. Bush’s administration turned the job of collecting the hundreds of billions of dollars that tax scofflaws owed Uncle Sam over to private collectors, with the idea that they could do a better job than federal workers. The private collectors brought in money—but just $86 million, and most of that was from easy-to-collect cases that began running out after just a few months. Then the IRS brought the work back in-house, and its agents collected almost two-thirds more money in just a few months, and it came from the harder cases the private companies had left behind. Relying on private tax collectors actually ended up costing the federal government money.

But the Republicans weren’t done. They slashed 20 percent of the IRS’s budget and 22 percent of its staff from 2010 to 2018. For people making more than $1 million, the number of tax audits dropped by 72 percent—and the money the IRS collects from audits fell by 40 percent.

Government operations stymied by a lack of skilled in-house personnel include–among other things– the government’s inept handling of refugees and the (mis)management of Medicare and Medicaid ($103.6 billion in improper payments in 2019 alone).

The list goes on. Click through and read the litany, if you want to set your hair on fire…

What the essay makes clear is something that far too few citizens recognize: it isn’t enough to have good policies. Passing a law to do X or Y is only the start; the unit of government charged with administering the law or program needs sufficient resources to do so. Those resources include adequate numbers of well-trained employees and skilled supervision– virtually impossible when contractors are providing the bulk of the services.

We’ve long relied on service contractors beyond the point of reason. We now have contractors who do more or less the same work as civil servants, sitting in the same offices, for years on end, typically at far higher cost, often using government email addresses so it’s impossible for anyone on the outside to know whether they’re dealing with a government official or a contractor. We have contractors who oversee contractors, contractors who write policy for government officials, and federal contract managers who are too few in number and too outgunned in skills to manage it all.

The hollowing out of government’s management capacity is the result of the GOP’s persistent attacks on the civil servants who work for it.

It has to change.

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What Voting Rights?

THANK YOU, THANK YOU to all of you commenters who made my day yesterday, and restored my faith in at least some of “we the people.” I especially needed to know the extent of your civic and political engagement, because the Supreme Court is busily erecting barriers to the most direct–and most consequential– form of engagement: voting.

In a stinging dissent to the Court’s majority opinion upholding Arizona’s assaults on the right to vote, Justice Elena Kagan began:

If a single statute represents the best of America, it is the Voting Rights Act. It marries two great ideals: democracy and racial equality. And it dedicates our country to carrying them out. Section 2, the provision at issue here, guarantees that members of every racial group will have equal voting opportunities. Citizens of every race will have the same shot to participate in the political process and to elect representatives of their choice. They will all own our democracy together—no one more and no one less than any other. If a single statute reminds us of the worst of America, it is the Voting Rights Act. Because it was—and remains—so necessary. Because a century after the Civil War was fought, at the time of the Act’s passage, the promise of political equality remained a distant dream for African American citizens. Because States and localities continually “contriv[ed] new rules,” mostly neutral on their face but discriminatory in operation, to keep minority voters from the polls. South Carolina v. Katzenbach, 383 U. S. 301, 335 (1966). Because “Congress had reason to suppose” that States would “try similar maneuvers in the future”— “pour[ing] old poison into new bottles” to suppress minority votes. Ibid.; Reno v. Bossier Parish School Bd., 528 U. S. 320, 366 (2000) (Souter, J., concurring in part and dissenting in part). Because Congress has been proved right.

Kagan continues for some forty pages, ending with paragraphs that–ironically–demonstrate that the current “conservative” Court is doing precisely what Republicans always insisted the Court could not and should not do: legislating from the bench, and disregarding the clear meaning of a legal text.

But then, at least, the majority should treat the Voting Rights Act as if it were ordinary legislation. The Court always says that it must interpret a statute according to its text—that it has no warrant to override congressional choices. But the majority today flouts those choices with abandon. The language of Section 2 is as broad as broad can be. It applies to any policy that “results in” disparate voting opportunities for minority citizens. It prohibits, without any need to show bad motive, even facially neutral laws that make voting harder for members of one race than of another, given their differing life circumstances. That is the expansive statute Congress wrote, and that our prior decisions have recognized. But the majority today lessens the law—cuts Section 2 down to its own preferred size. The majority creates a set of extra-textual exceptions and considerations to sap the Act’s strength, and to save laws like Arizona’s. No matter what Congress wanted, the majority has other ideas. This Court has no right to remake Section 2. Maybe some think that vote suppression is a relic of history—and so the need for a potent Section 2 has come and gone. Cf. Shelby County, 570 U. S., at 547 (“[T]hings have changed dramatically”). But Congress gets to make that call. Because it has not done so, this Court’s duty is to apply the law as it is written. The law that confronted one of this country’s most enduring wrongs; pledged to give every American, of every race, an equal chance to participate in our democracy; and now stands as the crucial tool to achieve that goal. That law, of all laws, deserves the sweep and power Congress gave it. That law, of all laws, should not be diminished by this Court.

Read both the decision, authored by Samuel Alito (one of the most undistinguished jurists to sit on the high court) and the entire dissent by Kagan (one of the most powerful intellects to grace that same bench). 

And weep.

Happy Fourth of July…

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Who Is A Real American?

Adam Serwer is a staff writer for the Atlantic, and the author of a forthcoming book titled “The Cruelty is the Point: the Past, Present and Future of Trump’s America.” He recently contributed an op-ed to the New York Times, in which he undertook to defend the thesis of that book

Donald Trump has claimed credit for any number of things he benefited from but did not create, and the Republican Party’s reigning ideology is one of them: a politics of cruelty and exclusion that strategically exploits vulnerable Americans by portraying them as an existential threat, against whom acts of barbarism and disenfranchisement become not only justified but worthy of celebration. This approach has a long history in American politics. The most consistent threat to our democracy has always been the drive of some leaders to restrict its blessings to a select few.

This is why Joe Biden beat Mr. Trump but has not vanquished Trumpism. Mr. Trump’s main innovation was showing Republicans how much they could get away with, from shattering migrant families and banning Muslim travelers to valorizing war crimes and denigrating African, Latino and Caribbean immigrants as being from “shithole countries.” Republicans have responded with zeal, even in the aftermath of his loss, with Republican-controlled legislatures targeting constituencies they identify either with Democrats or with the rapid cultural change that conservatives hope to arrest. The most significant for democracy, however, are the election laws designed to insulate Republican power from a diverse American majority that Republicans fear no longer supports them. The focus on Mr. Trump’s — admittedly shocking — idiosyncrasies has obscured the broader logic of this strategy.

Serwer locates the origins of that cruelty in the Democratic Party of the post-civil war, post-Reconstruction eras, and he concedes that contemporary Republicans are somewhat less violent and racist than were the Democrats of Reconstruction and the Gilded Age. But he points out that, as the parties exchanged positions, Republicans have adopted the Democrats’ prior political logic. They view victories of the rival party as illegitimate, the result of “fraud, coercion or the support of ignorant voters who are not truly American.”

That last belief–that people who vote for the “other party” (i.e. the Democratic Party) aren’t “real” Americans–shocked me, and I thought it must be an exaggerated claim. But Serwer documented it.

On Fox News, hosts warn that Democrats want to “replace the current electorate” with “more obedient voters from the third world.” In outlets like National Review, columnists justify disenfranchisement of liberal constituencies on the grounds that “it would be far better if the franchise were not exercised by ignorant, civics-illiterate people.” Trumpist redoubts like the Claremont Institute publish hysterical jeremiads warning that “most people living in the United States today — certainly more than half — are not Americans in any meaningful sense of the term.”

There’s a great deal to provoke thought in the essay, and I encourage you to click through and read it in its entirety, but this accusation seems to me to sum up the crux of the argument Americans are having right now.

We are debating just who is entitled to be called a “real” American.

In a very important essay in the Atlantic, George Packer recently identified the Americans who consider themselves “real Americans.”The narrative of “real America,” Packard said, “is white Christian nationalism.”

Packard is correct. Survey research suggests that slightly over thirty percent of Americans believe that, in order to be a “real” American, one must be a White Christian. Those of us who reject that belief define a “real American” as someone who embraces what I call the American Idea: the philosophy that animated the Declaration of Independence, the Constitution and Bill of Rights. Unlike the European countries that awarded citizenship on the basis of identity–ethnic, religious, etc.–  the Founders established a country in which one becomes a citizen–an American– via acceptance of those foundational values.

American citizenship depends upon behavior, not identity.

The arguments we are having today in our dramatically-polarized country really boil down to a conflict between those who see “real Americans” as members of a tribe that one must be born into, and those of us who believe that being a “real American” requires that we understand, accept and uphold the principles and aspirations embodied in those constituent documents.

G.K. Chesterton once argued that the American experiment aspired to create “a home out of vagabonds and a nation out of exiles” united by voluntary assent to commonly held political beliefs.

The real “Real Americans” agree with Chesterton.

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Describing Mike Pence

Every Monday, Gail Collins and Bret Stephens have a “conversation” on the op-ed page of the New York Times. As I have noted on several occasions, I am a huge fan of Gail Collins, who argues for the liberal side in those conversations, and although I disagree with Bret Stephens–representing the conservative side– on a number of issues (not all), he makes me nostalgic for the time when Republicans a/k/a conservatives could be engaged in actual discussions. Today,  they prefer to emulate monkeys throwing poo….

Unlike the inarticulate Trump Republicans hurling verbal poo, Stephens also has a real talent for witty invective, and that talent was on display in his conversation with Collins last Monday.

The column was titled “The Mike Pence Saga Tells Us More Than We Want to Know,” and after touching on a number of other issues, including New York’s mayoral primary and Trump’s Ohio rally, the conversation turned to Indiana’s ex-Governor and America’s ex-Vice-President, Mike Pence.

Here’s that portion of their back-and-forth:

Bret: You know, I probably spend more time thinking about Mike Pence than I ought to, given my high blood pressure. He reminds me of Mr. Collins, the unctuous clergyman in “Pride and Prejudice” who’s always bowing and scraping to the overbearing, tasteless, talentless Lady Catherine de Bourgh while he lords it over the Bennet family because he stands to inherit their estate. Alternatively, Pence could be a character out of Dickens, with some ridiculous name like Wackford Squeers or Mr. Pumblechook.

Gail: Wow, great analogies. Plus, it is indeed possible you spend more time thinking about Pence than you ought to.

Bret: Here’s a guy who makes his career on the Moral Majority wing of the Republican Party, until he hitches his wagon to the most immoral man ever to win a big-ticket presidential nomination. Phyllis Schlafly deciding to elope with Larry Flynt would have made more sense. Then Pence spends four years as the most servile, toadying, obsequious, fawning, head-nodding, yes-sirring, anything-you-say-boss vice president in history. He’ll do anything for Trump’s love — but not, as the singer Meat Loaf might have said, attempt to steal the presidential election in broad daylight.

For this, Trump rewards Pence by throwing him to a mob, which tried to hunt him down and hang him. But even now, Pence can’t get crosswise with his dark lord, so the idea of him ever taking the party in an anti-Trump direction seems like a fantasy.

Those of us who follow such things have watched as Pence tries to appeal both to Trumpers and to the majority of Americans who were appalled at efforts to withhold certification of the election results. He is continuing his adulation of his “dark lord” while insisting that his courageous fidelity to the Constitution kept him from refusing to perform his electoral duty. That balancing act is unlikely to mollify either the crazies who form the base of today’s GOP or anyone who spent four years observing Mike Pence. (It’s especially unlikely to endear him to Indiana voters, who found his preference for pontificating over governing during the prior four years very tiring).

Pence’s effort to cast himself as a defender of the Constitution is coming at the same time as Bill Barr’s equally tardy effort to distance himself from the Big Lie. (“It’s all bullshit.”)

Neither man is very persuasive, but the efforts are instructive. When two of his biggest sycophants attempt to distance themselves from the disaster that is Trump, it is a clear sign that his influence is waning–that those who were happy to carry his water when he was in office don’t expect him to regain power or influence–or be in any position to do them any good. (It’s too little, too late–Bill Barr is never going to regain the respect of the legal community, and Pence never had the respect of anyone other than a few naive fundamentalists.)

Wackford Squeers sounds about right…

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