FIXING it

Yesterday’s post focused on legal reforms aimed at official corruption. Important as those are, they aren’t the only reforms we need to make.

We need to fix our elections.

Even those of us who follow politics closely and who are familiar with the country’s legal framework often miss the way in which demographic shifts have upended America’s electoral system and shifted power to an unrepresentative minority of voters– aided and abetted by America’s minority party.

Over the last few years, more people have come to recognize the inequities caused by gerrymandering and the Electoral College, but beyond that, our comfort with “the way it is” has blinded us to the equally troubling consequences of equal Senate representation, for example. Currently, over half the U.S. population lives in just nine states. The result is  that less than half of the population chooses 82 percent of the country’s Senators. And that means that the Republicans hold their current Senate majority despite the fact that the Democratic Senate minority represents more than half of the American people.

A recent article from Vox, which led off with that example of distorted representation,  offered eleven proposals to fix what has evolved into an unfair and unequal system. The article began with a recitation of several of the most egregious elements of our decidedly undemocratic reality.

Intentional efforts to make it harder to vote, such as voter ID laws, are increasingly common throughout the states — and the Supreme Court frequently approaches such voter suppression with indifference. Gerrymandering renders many legislative elections irrelevant — in 2018, Republicans won nearly two-thirds of the seats in the Wisconsin state assembly, even though Democratic candidates received 54 percent of the popular vote. Wealthy donors flood elections with money, as lawmakers spend thousands of hours on “call time,”dialing the rich to fund the next campaign.

And looming over all of this is the problem of race. In some states, Republican lawmakers write voter suppression laws that target voters of color with, in the word of one federal appeals court, “almost surgical precision,” knowing that a law that targets minority votes will primarily disenfranchise Democrats.

After the Democrats took the House in 2019, the first bill they passed was the “For the People Act.” If that act passed the Senate– which did not happen and will not happen so long as Mitch McConnell is in charge of that body–Vox says it would be the most significant voting rights legislation since the Voting Rights Act of 1965. (A companion bill, HR 4, would strengthen that original Voting Rights Act by restoring sections of the law that were eviscertated by the Supreme Court.)

That said, as the article correctly noted, even if those measures are enacted, they would still fall short of addressing the major and troubling challenges facing Americans’ electoral system. They wouldn’t address Senate malapportionment or the Electoral College –both systems that hand control of the government to an unrepresentative, predominantly rural minority of our citizens.

The eleven “fixes” identified by Vox include much-discussed measures like eliminating the filibuster and revitalizing the Voting Rights Act, but also less-often suggested changes like eliminating advance registration in favor of same-day voter registration. (A number of states are moving in that direction, which has the benefit of also eliminating flawed and partisan purges.)

Then there are the changes that would make it easier to vote: more early voting, no-excuse absentee voting and other measures that would actually facilitate the process of casting a ballot. What if we emulated Australia, for example?

In Australia, over 90 percent of eligible voters typically cast a ballot in federal elections. The nation achieves this feat by turning Election Day into a celebration, where voters gather at community barbecues to eat what are often referred to as “democracy sausages.” But Australia also uses a stick to encourage voting — nonvoters can be fined about $80 Australian dollars (about $60 in US currency) if they do not cast a ballot.

You really need to read the whole article, but even those who disagree with some of its specific recommendations will find it hard to argue with the proposition that it is past time for lawmakers and citizens alike to focus on the numerous, fundamentally unfair elements of the way we choose America’s leaders.

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Past Time For These–And Other–Reforms

Americans shouldn’t allow Trump’s COVID diagnosis to become the ultimate distraction from the  electoral choices that face us, or the structural challenges we will face even in the best of electoral circumstances.

The bottom line is that, even If America rids itself of Trump and his GOP enablers, citizens will still have a lot of work to do. We can no longer pretend that our electoral and legal systems are working as intended– for that matter, several are not working at all.

The Democrats, at least, have noticed.

On September 23d, the Washington Post ran an opinion piece authored by several Congressional Democrats, including Adam Schiff and Jerrold Nadler. Noting that Trump was the first President to ignore the reforms passed in the wake of Watergate, they wrote that

With a lawless president in office who acts as if rules are for suckers, political norms for losers and governing for chumps, it is clear we need a new series of reforms to protect our democracy.

On Wednesday, we are introducing such reforms, which we began drafting more than a year ago not only to address the president’s unique abuses, but also to go beyond them to restore accountability, root out corruption and ensure transparency in government for future White House occupants.

The reforms these lawmakers are proposing include amending the pardon power to make it clear that a President cannot pardon himself or his immediate family, adding teeth to the emoluments clause by adding explicit enforcement provisions and enhanced penalties, and increasing financial disclosure rules.

The bill also addresses the need to strengthen accountability and transparency. The op-ed notes that Trump has “obstructed congressional oversight, targeted whistleblowers who speak out against him and fired officials whose responsibility is to objectively investigate wrongdoing in the federal government,” and states the obvious: that  Congress needs access to documents and  the ability to compel testimony from witnesses in order to conduct that oversight. Their bill strengthens Congress’ right to enforce its subpoenas in court, and has other provisions aimed at improving congress’ ability to discharge its duties as  a co-equal branch of government.

The bill also contains measures that are a direct response to Trump’s contempt for the rule of law and for democratic norms:

We must also reclaim Congress’s power of the purse from an overzealous executive branch, increase transparency around government spending and ensure there are consequences to deter the misuse of taxpayer funds. Our bill will prevent the executive branch from using nonpublic documents or secret legal opinions to circumvent Congress and unilaterally enact its agenda behind closed doors. Our bill will impose limits on presidential declarations of emergencies and any powers triggered by such declarations, unless extended by a congressional vote, and require the president to provide all documents regarding presidential emergency actions to Congress.

These and the other reforms enumerated in the bill are welcome and probably overdue. The ability to pass the measure rather obviously depends upon turning the Senate blue on November 3rd.

But here’s my problem.

So long as most Americans don’t understand the rules we already have, or the reasons we have them–so long as they fail to recognize the profound effect legal structure exerts on the mechanics of government, we are ignoring one of the most dangerous threats to ethical and constitutional governance: widespread civic ignorance.

Far too many Americans vote for presidents and governors and mayors without understanding either the skills required for those jobs or–even more importantly–the constraints applicable to those positions. They evidently assume that they are electing temporary kings and queens–people who will take office, issue decrees, and change reality. (Trump’s base, for example, evidently thinks his constant stream of “Executive Orders” all have legal effect, although few do.) Worse, they fail to recognize the ways in which structures that were useful (or at least, less harmful) in the past have distorted the exercise of the franchise and given us a system in which rural minorities and thinly populated states dominate an overwhelmingly urban country.

When you don’t understand how a system works–or why it is no longer working properly–your ability to make informed choices at the ballot box is impaired.

The reforms listed in the linked op-ed are among the many changes we need to make. But a thoughtful discussion of those needed reforms requires a voting public that understands why America’s systems aren’t functioning properly–and what “properly” looks like.

Tomorrow, I will address additional needed reforms.

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And Now, COVID…

Reactions to yesterday’s announcement that the President and First Lady have both tested positive for COVID-19 have been mixed, to put it mildly. A significant number–noting that the President rarely utters anything related to the truth–suggested it was another attempt at disinformation and/or distraction.

For those who accepted the accuracy of the announcement, most of what I have seen–especially on Facebook–invoked the concept of karma. To say that reactions aren’t overwhelmingly sympathetic might just be the understatement of the century. This is, after all, a President who has shown absolutely no concern for other people, including his own supporters. He has ignored and ridiculed advice offered by medical experts, including those in his own administration, and he has touted unproven and frequently ridiculous “cures” (ingesting bleach, anyone?). All of that is on top of the fact that he is one of the least likable people on the planet.

But quite apart from whatever our personal reactions may be,  the diagnosis raises some thorny legal and political questions, and the answers to those questions are unclear.

With a month to go until the election, Trump will quarantine for two weeks. He probably will not be able to attend the second debate–no loss there, considering the spectacle he made in the first–a consequence that will require the debate commission to decide whether to simply cancel the remaining two, or allow Biden to appear solo (unlikely).

We can already predict that Trump will attribute an election loss to his inability to hold rallies and otherwise campaign for the requisite two weeks.

Those consequences are predictable in the event that he suffers a relatively mild case of the virus. Far less predictable is what happens if this morbidly obese 74-year-old with an unhealthy diet who is known to ingest quantities of “uppers” becomes critically ill or even dies–and if so, when.

Pence has evidently tested negative thus far (“Mother” probably wouldn’t let him get too close to Hope Hicks, who presumably was the source). How sick would Trump have to get before Pence assumed the duties of the Presidency? If Trump were to become critically ill after the election but prior to January 21st, that would be one thing (and arguably not a bad thing–as vacuous and smarmy as Pence is, he’s less flat-out nuts than Trump).

The most chaotic and unpredictable set of events would be triggered by Trump’s death from COVID prior to Election Day. Would Pence automatically become the Republican nominee? Would Republican defectors be more comfortable returning to the fold if that were the case?

In a Presidency characterized by daily distractions, is this the mother of all diversions? Or does the diagnosis bring voters’ attention back to the President’s horrendous incompetence in containing the pandemic, and his obvious lack of concern for the over 200,000 Americans who have already died?

If Trump proves to have only a mild case, does he then use his own good fortune to further minimize the danger and dismiss expert advice?

I am not a praying person, and if I were, I doubt I’d find enough grace in my heart to pray for a psychopath who has done so much harm–a man with absolutely no redeeming human virtues.

I would, however, pray that his spitting and yelling during the “debate” didn’t infect Joe Biden. In fact–just in case I’m wrong and there is a personal God–I may go ahead and offer up that particular prayer. Call it covering my bases.

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Biden: “The Guy Who Will End The Nightmare”

In the interests of full disclosure, I did not watch Tuesday’s debate between Biden and Trump–a decision grounded in my effort to protect what remains of my mental health. I simply cannot bear the sound of Trump’s voice.

I did, of course, read the reviews and descriptions of what sounded more like a food fight than anything else. If there was unanimity on anything, it was that the event was embarrassing and unedifying–at best–and a shit-show at worst.

Among the most thoughtful coverage I read was a “morning after” rumination by Josh Marshall, editor of Talking Points Memo. Marshall had previously described Biden’s campaign “theme” as one of relief and reassurance–he dubbed Biden “The guy who will end the nightmare,” and for those of us who have definitely experienced this presidency as a nightmare, and worried that we might not wake up, that’s a winner. But it was an observation–a comparison, really– in his “morning after” column that really resonated with me.

Beyond all the individual offenses, one of the underrated sub-themes of anti-Trumpism is exhaustion. One of the deepest traumas of living in the home of an abuser stems not from the outbursts of physical violence, verbal abuse or manipulation but the accumulated stress of ambient tension, uncertainty, the reflexive, unshakeable hyper-vigilance. It is exhausting in a profound way. Trump is exhausting – I suspect even for some who share his dark values. This was 90 minutes jam-packed with everything that makes Trump exhausting. Living with an abuser means being trapped in close quarters with the abuse, being unable to run. In a month voters get the chance to walk away.

This analogy hits home, because it is so perceptive, so “on the mark.”

Americans who follow government and politics have been exhausted by the daily offenses, the violence routinely being done to the Constitution, the rule of law, rational policymaking and elementary decency. We have lived with anxiety, fear and mounting anger for four long years. The assaults have been unremitting, and yes, we are tired. Spent. Exhausted. 

But we aren’t too exhausted to vote, and that’s why I’m cautiously optimistic that we are nearing the end of the nightmare.

Election Day may be messy, or in the best case scenario, repudiation of our abuser may be sufficiently overwhelming to nullify his efforts to disqualify the will of the voters. I can’t believe there are enough racists and know-nothings in America to keep him and his GOP enablers in office.

As Marshall noted about Trump’s display of ignorance and vitriol at the debate,

This is who Trump is. It is especially who he is under threat. His campaign is about nudging undecided voters into fears about general social disorder and frighteningly assertive black and brown people. He ended up embracing white nationalist militias and saying they were necessary to crush the left in the streets. He yelled what is supposed to be implicit.

The most important thing remains that Trump had to shift things in his favor and he failed. Since he’s already losing that’s a big loss. I suspect it was even worse for him. Maybe a turning point.

Joe Biden doesn’t excite voters the way Barack Obama did. He’s no orator, and he doesn’t pander to a rabid base, a la Trump. He is–as the leftist purists sneer–an old white guy. Part of “the system.”

He is also a thoroughly decent, competent and honorable public servant. He won’t abuse the office and he won’t abuse us.

He is a sane adult. That alone makes him immensely superior to Trump.

Once we’ve rested, once the nightmare is over, we can start the process of repairing the systems that enabled– facilitated !– the election of the most unfit person ever to hold the office. More on those systems and what it will take to fix them in coming days….

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In Case The Racism Wasn’t Clear Enough…

There’s something to be said for clarity.

As the United States barrels toward an election that will determine whether we remain wedded to a set of unrealized but morally-appropriate ideals about equality, the focus of that election has steadily narrowed. November will be about one thing: White Nationalism and the continued privileging and social dominance of white male “Christians.”

Short of producing yard signs with swastikas, the Trump campaign has done everything it can to convey that message–and in Tuesday’s first “debate,” Trump’s refusal to disavow white nationalism made it explicit. (“Debate” is in quotes, because Trump’s rants and bullying prevented anything that could be considered a genuine debate.)

The GOP has disdained issuing a platform, making it clear that obedience to the party’s “Dear Leader” was the only plank that mattered. Then the campaign echoed Trump’s rant against the accurate teaching of American history–especially about slavery– and his insistence that teachers should engage in patriotic indoctrination rather than education.

More recently still, just in case there was a Neo-Nazi somewhere in rural America who missed the message (is there a backwoods area where Fox can’t penetrate?), he ordered an immediate cessation of diversity training in federal agencies, and followed that with a similar edict covering federal contractors. As Talking Points Memo reports:

President Donald Trump increased the scope of his assault against the government’s anti-racism workplace trainings on white privilege on Tuesday night with an executive order banning government contractors from holding the trainings.

In the order, Trump claimed that trainings that discuss the disproportionate amount of power afforded to white men “perpetuates racial stereotypes and division and can use subtle coercive pressure to ensure conformity of viewpoint.”

“Such activities also promote division and inefficiency when carried out by Federal contractors,” the order said.

The contractors thus “will not be permitted to inculcate such views in their employees,” according to the order.

Trump touted the ban on Twitter on Tuesday.

These sessions–common in corporate and business environments–are intended to improve communication and understanding among employees who bring different cultures and life experiences to the workplace. (Well done, they improve both employee morale and productivity–outcomes of absolutely no interest to Trump, since they don’t line his pockets or advance his egocentric agenda.)

It is unlikely that this most recent “edict” is legally enforceable. Absent corruption (which in this administration cannot be taken for granted) government contracts are awarded to companies that respond to RFPs–Requests for Proposals. Those RFPs set out the qualifications required by the contracting agency, and it’s a fair bet that none of the RFPs to which current contractors responded contained a provision that the contractor could not offer diversity training to its employees.

But enforceability and legality are beside the point here.

In much the same way that Trump’s issuance of meaningless “Executive Orders” aren’t legally effective, the bans on diversity training are a type of “performance art.” The Executive Orders are intended to convince his largely civically ignorant base that he is keeping his various promises–to build a wall, protect pre-existing conditions, forbid Muslims from entering the country, etc. The ban on anti-racist training and the attack on teaching accurate history are intended to reassure his largely racist base that he is with them.

It’s a very dangerous game.

Law enforcement agencies–including the FBI– have warned that alt-right organizations are actively trying to foment a race war. 

A report by the Brookings Institution explains a right-wing effort called “accelerationism.”

Accelerationism is the idea that white supremacists should try to increase civil disorder — accelerate it — in order to foster polarization that will tear apart the current political order. The System (usually capitalized), they believe, has only a finite number of collaborators and lackeys to prop it up. Accelerationists hope to set off a series of chain reactions, with violence fomenting violence, and in the ensuing cycle more and more people join the fray. When confronted with extremes, so the theory goes, those in the middle will be forced off the fence and go to the side of the white supremacists.

Obviously, not every Trump voter is a conscious part of that White Supremacy movement–but every Trump vote will support it.

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