They Aren’t Even Pretending Anymore

If there was ever any doubt about the Republican approach to the 2020 elections, people like Scott Walker are dispelling them. As Talking Points Memo reported a few weeks back,  Walker, who was formerly governor of Wisconsin, currently runs a group called the National Republican Redistricting Trust. That organization is allied with the (misnamed)  “Fair Lines America,” which is suing Michigan in an effort to overturn a recently passed anti-gerrymandering referendum.

In a preview of the coming war over redistricting reform, Republican politicians and operatives in Michigan filed a lawsuit Tuesday challenging the state’s new, voter-approved redistricting commission.

Behind the lawsuit is Fair Lines America Foundation, which, according to the Detroit News,is affiliated with the Scott Walker-led National Republican Redistricting Trust.

The Republicans allege that the independent commission violates the Constitution’s First Amendment and its Equal Protection Clause by imposing certain requirements on who can serve on the commission. Specifically, individuals cannot serve on the 13-member commission if they, in the past six years, were partisan candidates, elected officials, political appointees, lobbyists, campaign consultants or political party officials.

There is a Yiddish word that fits this lawsuit perfectly: chutzpah. (Google it.)

Conditions like the ones imposed for serving on the Michigan commission are common in states where independent redistricting commissions are in place. The new GOP lawsuit alleges, however, that these conditions–imposed to ensure a lack of partisan bias on the part of citizens drawing district lines–are unconstitutional.

“Plaintiffs have been excluded from eligibility based on their exercise of one or more of their constitutionally protected interests,i.e., freedom of speech (e.g., by the exclusion of candidates for partisan office), right of association (e.g., by the exclusion of members of a governing body of a political party), and/or the right to petition (e.g., by the exclusion of registered lobbyists),” the lawsuit alleged.

The article predicts that the Michigan lawsuit is only the first of several that will be filed in states that have addressed the anti-democratic effects of partisan redistricting (aka gerrymandering) by establishing nonpartisan commissions.

Before Mitch McConnell and Trump succeeded in adding numerous right-wing ideologues to the federal judiciary, I wouldn’t have worried about this lawsuit. I would expect its patently ridiculous argument to be given short shrift. But given the caliber of people elevated to the federal bench (several nominees even refused to affirm that Brown v. Board of Education is good law…), all bets are off.

With the Supreme Court ruling last month that federal judges cannot rein in partisan gerrymandering, voting rights advocates will be only expanding their efforts to implement redistrict reform via independent commissions.

Chief Justice John Roberts, writing for the conservative majority in the case, name-checked Michigan’s ballot initiative specifically to argue that there other avenues besides the federal judiciary to address the problem of extreme gerrymanders.

How his court will handle the coming wave of lawsuits challenging those commissions remains to be seen.

It has become glaringly obvious that the GOP cannot win a national election unless it can gerrymander districts and suppress minority votes. In their desperation to keep control of the mechanisms that ensure a non-democratic result favoring Republicans, party functionaries aren’t even giving lip service to majority rule. They aren’t even pretending to care about democracy and/or the integrity of the electoral process.

The midterm elections pointed to the only available remedy: turnout so massive that cheating can’t carry the day.

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Trump’s Influence

Mass shootings and hate crimes have both increased since Donald Trump was elected. It is not a coincidence.

According to the Center for the Study of Hate and Extremism at California State University, San Bernardino, the United States is continuing to experience a steady rise in hate crimes in the run-up to the 2020 presidential election.

The report compiles data collected at the city level for hate crimes as well as extremist activity, providing what Levin described as a “proxy” for information around the country.

Levin found that American cities are experiencing decade-high rates in hate crimes, after an eight percent increase in 2018 compared to the previous year.

The rise is occurring amid a broader decrease in crime and homicide rates, with white nationalists and far-right extremists continuing to be the “most ascendant” group behind violent extremism, the report found. The “overwhelming majority” of extremist domestic homicides in 2018 were committed “by white nationalist/far right sole assailants who attacked around the mid-term elections,” per the report.

“The overwhelming majority of declining extremist domestic homicides in 2018 were by white nationalist/far right sole assailants who attacked around the mid-term elections,” the report reads.

The data on hate crimes comes from 30 U.S. cities, assembled to provide a top-down view of the situation. Fourteen out of the 30 experienced decade-high rates of hate crime occurrences last year.

It no longer surprises us to learn, in the wake of a mass shooting, that the perpetrator was a member of one of America’s proliferating rightwing groups. In a post following the killings at the Gilroy Garlic Festival, Ed Brayton commented on the predictability of the discovery.

Here’s a shocker. The guy who shot up the Gilroy Garlic Festival (which I’ve attended before and it’s amazing) turns out to be a white supremacistwho posted anti-immigrant rhetoric on his social media and told everyone to read a book from the late 1800s that advocated violence based on eugenics and is a popular book among other white supremacists.

The shooter had posted diatribes asserting that only “strength and violence” determine morality, and referencing a book –“Right is Might”–that Brayton notes is “filled with misogynistic and anti-Semitic rhetoric, and is a staple among neo-Nazis and white supremacists on extremist sites.”

This is not the least bit surprising. In 2018, 50 people were killed by domestic terrorists and the ADL reports that those acts of terrorism were “overwhelmingly linked to right-wing extremists” and that “White supremacists were responsible for the great majority of the killings, which is typically the case.” In fact, all but one of those acts in 2018 was committed by a right-wing extremist and that one terrorist used to be a white supremacist and converted to Islamic extremism shortly before he went off.

Bloggers and political pundits have linked this increase in white supremacist mayhem to Trump and his rhetoric. Scholarship confirms the accusation. Recently, The Brookings Institution published an analysis well worth reading in its entirety. Noting that many observers have questioned the connection, they consulted the data.

It would be naïve to think that data will change many individuals’ minds on this topic, but nonetheless, there is substantial evidence that Trump has encouraged racism and benefitted politically from it….

There is a clear correlation between Trump campaign events and incidents of prejudiced violence. FBI data show that since Trump’s election there has been an anomalous spike in hate crimes concentrated in counties where Trump won by larger margins. It was the second-largest uptick in hate crimes in the 25 years for which data are available, second only to the spike after September 11, 2001….

The association between Trump and hate crimes is not limited to the election itself. Another study, based on data collected by the Anti-Defamation League, shows that counties that hosted a Trump campaign rally in 2016 saw hate crime rates more than double compared to similar counties that did not host a rally.

Bottom line: 2020 will be a referendum on hate.

At this point, the Democrats could nominate a potted plant and it will have my vote.

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Civility And The First Amendment

How many times have we heard someone defend a racist, belittling or otherwise nasty tweet or Facebook post by claiming that critics were attacking his or her  “First Amendment rights”?

The First Amendment may protect that person’s right to spew vitriol against government censorship, but it also protects the speaker’s critics–including, for that matter, decisions to fire the speaker from a private-sector position. Beyond that widespread misunderstanding of just what it is that Freedom of Speech protects, however, is a lack of appreciation of the important role of civility in America’s marketplace of ideas.

I recently participated in a “civility training” for Women4Change Indiana, and dug out a brief introduction to the topic that I had delivered a couple of years ago. Given how very un-civil American discourse has become, I thought it might be timely to share.

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Twenty-five years ago, when I was Executive Director of Indiana’s ACLU,  I mounted a campaign to promote civility and a more civil discourse. Several members let me know that they were upset, because they were convinced that an emphasis on civility somehow undermined, or was evidence of less than robust support for, Free Speech.

That misunderstanding is evidently shared by the Neo-Nazis who marched in Charlottesville, the creators of racist, homophobic and anti-Semitic websites, and participants in proliferating Facebook confrontations and Twitter wars. They defend vitriol as “Free Speech;” and disparage and dismiss civility as “political correctness.”

They couldn’t be more wrong.

This nation’s Founders understood that all ideas, no matter how noxious, should be available for discussion.They didn’t protect speech because they underestimated the danger bad ideas could pose; they knew how powerful –and dangerous–words and ideas could be. They protected free expression because they understood that giving government the authority to decide which ideas are acceptable—to decide what sort of speech should be permitted– was far more dangerous.

But that’s where civility comes in. If free speech is to achieve its purpose—if it is meant to facilitate a process in which citizens consider and vet all ideas, consider all perspectives—we need to listen to each other. Insults, labeling, dismissing, racial “dog whistles”—all those hallmarks of incivility—make it impossible to have the kinds of genuine conversations and productive disagreements that the First Amendment is intended to foster.

Screaming invective across political or religious divides actually undermines the purpose of the First Amendment’s Free Speech provisions. Is such speech protected? Absolutely. Is it useful? Absolutely not.

There are multiple reasons for the recent rise in incivility, but the anonymity and distance afforded by the internet and social media is clearly an important contributor. As many of you know, I have a daily blog, and I’ve found it necessary to impose standards of conduct for commenters. Civil disagreements are encouraged; ad hominem attacks, personal nastiness and unrepentant bigotry are not welcome and will not be tolerated– not just because they are unpleasant and hurtful, but because people engaging in those behaviors derail the substantive and instructive disagreements that people with different perspectives need to explore if we are going to live and work together.

Responding to a Facebook argument or Twitter blast with an insult may make you feel better, but it doesn’t advance the conversation, and it certainly doesn’t count as participation in the marketplace of ideas.

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It’s The Culture….

The other day, I was at the IKEA loading dock. I’d bought two porch chairs, and was wrestling their fairly large and heavy boxes into my car. A gentleman, probably in his late 50s, was walking by, and stopped to help me. I didn’t know him, he didn’t know me: he saw a woman struggling with something heavy and stopped to lend a hand.

I thanked him profusely, but on the way home, all I could think of was how utterly impossible it is to picture Donald Trump ever noticing that someone was struggling and offering help. (Yes, I know I’m obsessed with our insane and dangerous President…)

If there’s a moral to this non-story, it is that nice people make life better for everyone–that thinking of ourselves as part of a community of inter-dependent members who help each other out– rather than as isolated and besieged individuals– creates a supportive culture that really does “lift all boats.”

And that–strangely enough–brings me to public policy. (Pretty much everything these days brings me to public policy….)

As I was doing research for my most recent book, I looked especially at the way social safety nets around the world are constructed, and then at proposed reforms of the U.S. “system.” (I put system in quotes, because it’s a stretch to call America’s inadequate, costly patchwork of social programs a system.) I concluded that there are two major problems with our begrudging approach to a social safety net.

First, and most obviously, America’s welfare programs are inadequate, purposely demeaning and poorly functioning. There are major gaps in coverage, ridiculous bureaucratic requirements–the critiques are plentiful and easily available.

The second problem is far less obvious. Most of the programs in America’s social welfare system are designed in a way that divides, rather than unites, Americans.

Think about the difference between public attitudes toward Social Security and Medicare, on the one hand, and TANF and similar programs on the other. Social Security and Medicare are universal programs–everyone who lives long enough will benefit from them. Then think of the resentment frequently voiced about more targeted welfare programs: the government is taxing me to support “those people.”

When a tax-supported program or service benefits everyone, it tends to bring people together rather than dividing them.( I’ve never heard anyone protest that they don’t want the streets fixed or the garbage collected because “those people will benefit from a service paid for by my tax dollars.”)

One of the most compelling arguments for a Universal Basic Income (UBI) is that it would be universal.  There are many other virtues to a UBI, as Samuel Hammond of the libertarian Niskanen Center has noted: the structure avoids creating poverty traps; it would raise worker bargaining power without wage or price controls; it would decouple benefits from a particular employer or local jurisdiction; and It would simplify and streamlines a complex web of bureaucracy, eliminating rent seeking and other sources of inefficiency. But it is because a UBI is universal that it is so appealing at a time when Americans are so divided.

Programs that treat all similarly-situated members of a community or polity the same tend over time to support a more cohesive culture; they avoid contributing to racial and socio-economic resentments.

UBIs and/or similarly universal programs won’t turn self-centered and emotionally crippled individuals like Trump into nice people who stop to offer help to strangers. But such policies would go a long way to easing–rather than exacerbating– unnecessary and unhelpful social tensions and divisions.

Americans have always had trouble balancing between too much “I” and too much “we.” Social supports that are universal enable a mean between those extremes: providing individuals with membership in a common polity–the “we”–and liberating them to follow their own life goals–the “I.”

A girl can dream…

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How Children Become American

A couple of weeks ago, I came across a column in the Washington Post addressing the critical role of the nation’s schools in integrating the children of immigrants into American culture.

Public schools are an essential tool for creating citizens–whether those citizens are “home grown” or new arrivals–and I certainly agreed with the points being made.

The idea of citizenship — of members of the republic being responsible for the quality of their own government — made America unique at its founding. Until James Madison made “We, the People” the foundation of the Constitution, other modern nations were full of subjects, rather than citizens. For citizens to choose their new leaders successfully, they needed to become informed electors. Safeguarding America’s fragile experiment required voters, almost exclusively propertied white men, to attend political discussions and read the newspaper.

As the country grew beyond the revolutionary period and the rights of citizenship began to include non-property-owning white men, the country increasingly embraced the idea that all white Americans needed to be well educated to ensure effective self-government. In the decades that followed, the country’s public education system was predicated on producing such citizens. “The children of a republic [must] be fitted for a society as well as for themselves,”said Horace Mann, the founder of the common school movement, in 1842. “As each citizen is to participate in the power over governing others, it is an essential preliminary that he should be imbued with a feeling for the wants, and a sense of rights, of those whom he is to govern.” Only schools could effectively achieve that goal.

As the column notes, when millions of Irish, Italian and Eastern European immigrants arrived in the United States, concerns about “culture change” prompted public school systems to emphasizing teaching about the Constitution, American history, and the obligations of citizens in a democracy.

Students also gained exposure to an increasing number of ways to engage politically. In textbook after textbook, discussion after discussion, students learned to write their representatives, volunteer for causes they cared about, and write pieces for their newspapers about issues that mattered to them. In at least one major American city, Boston, most students took at least five classes on how to be the type of citizen who bettered democracy.

How times have changed!

As the article concedes, today we no longer have a shared notion of what constitutes good citizenship. And we certainly don’t teach our children.

Students in many states take no civics classes. Worse, as American schools have abandoned civics, American  lawmakers have largely abandoned any commitment to public education– funding vouchers and other privatization efforts.

And it matters.

Americans increasingly access different news sites and blogs, read different books (when they read at all), patronize different entertainment options, profess different religions–the life experiences we share have diminished pretty dramatically. Public schools are one of the last remaining “street corners,” where children from different backgrounds learn together. (Given residential segregation, even public school classrooms are less inclusive of difference than is optimal, but public schools beat most other venues.)

State voucher programs disproportionately send children to religious schools, where attendees share a particular religious background. There are no requirements that such schools teach civics, and no way to know whether or how they teach what it means to be an American.

If the knowledge displayed by my undergraduate students is representative, they don’t teach anything about the Constitution and embarrassingly little about the country’s history, good or bad.

The cited article argues that the schools can and should produce informed American citizens. Obviously, I agree–this is a drum I’ve been beating for a very long time.

But first, we need to reaffirm our commitment to public education. Among other things, that means funding public schools and their teachers adequately. It means terminating the voucher programs that siphon money from those public schools, and doing much more to regulate and monitor charter schools (which are public schools.)

As Benjamin Barber has written, America’s public schools are constitutive of the public.

They are essential.

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