Penny Wise…

Investigators looking into those raging, destructive fires in California a couple of months ago have determined that the fires were caused by power lines that came into contact with each other during high winds.

According to Engineering News Record (I know–you have a copy on your coffee table, don’t you?),

The resulting arc ignited dry brush on Dec. 4, 2017 , starting the blaze in Ventura and Santa Barbara counties that resulted in two deaths and blackened more than 440 square miles (1,139 square kilometers), according to the investigation headed by the Ventura County Fire Department .

The arc “deposited hot, burning or molten material onto the ground, in a receptive fuel bed, causing the fire,” said a statement accompanying the investigative report.

Investigators said the Thomas fire first began as two separate blazes started about 15 minutes apart that joined together. They determined Southern California Edison was responsible for both ignitions…

The fire destroyed more than 1,000 structures before it was contained 40 days after it began near the city of Santa Paula . A firefighter and a civilian were killed.

If the damage from the fire itself wasn’t destructive enough,

A month after the blaze started, a downpour on the burn scar unleashed a massive debris flow that killed 21 people and destroyed or damaged hundreds of homes in the seaside community of Montecito . Two people have not been found.

Here’s my complaint. (Okay, my diatribe.)  The ravages of the fire–the destruction of homes, the deaths, the dislocations– could have been avoided had the power lines been buried. And it isn’t just California, and it isn’t just the enormous amount of damage done every year by downed or otherwise unsafe power lines–there’s also an aesthetic issue, at least in cities, where poles and lines clutter the sky.

The immediate response to this complaint is always the same: burying power lines is too expensive. That response is typical of America’s approach to infrastructure generally, which can be perfectly summed up by the old adage “penny wise and pound foolish.”

Over the long term, buried power lines will require less maintenance and will cause far less damage. (Southern California Edison is now in bankruptcy, thanks to the fires.)

It’s the same story with other infrastructure. Streets that are properly paved and repaired last longer and require less annual attention. (Indianapolis’ third-world streets are the result of many years of “fixing” recurring potholes with haphazard and ungainly patches and the application of paper-thin asphalt coatings to untouched, steadily deteriorating street beds.)

There’s an old saying that “long term” to a politician means “until the next election.” The political system’s incentives are all perverse: spend as little as you can (pretend it’s the result of “efficiency”); whatever you do, don’t raise taxes; do the repairs that you absolutely must as cheaply as you possibly can, and let the next guy worry about it.

The problem is, when we don’t do it right–we have to do it over. And over.

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“Elite” Colleges And Rich Delusions

When the news broke about rich parents buying their children’s admittance to “elite” colleges–falsifying credentials, paying smart kids to take the SATs, and bribing admissions personnel–it reminded me of my mother’s most abiding regret.

My mother was extremely bright, and made excellent grades in high school. She desperately wanted to go to college–but her parents were poor, and could only manage tuition at a local college if she lived at home. Room and board elsewhere were out of reach. My mother wanted a traditional campus social experience (as she said later, she was young and misguided), so she just didn’t go to college. She read voraciously and educated herself, but the local college was very good and she would have benefitted from going.

The lesson–which I never forgot–is that If a good education is really what you want, it is widely available.

There are an estimated 5,300 colleges in the U.S. They vary widely in the breadth and quality of their offerings, but you can get a very good education–I will go so far as to say an excellent education–in the top 500 or so. (Probably more.)

Of course, you need to want an education–not merely a social life, an impressive credential, connections to wealthy classmates, or bragging rights for making it into the most selective institutions.

I’m not knocking the benefits of going to a school with the offspring of the rich and famous; I still remember being a first-year associate in a law firm with a number of Harvard and Yale graduates. If a client needed local counsel in another state, the lawyer involved would frequently pull out his alumni register and hire a classmate practicing in that state. I’m sure that those school ties are equally valuable in a number of other professions.

As the news media has delved into the scandal, what they have discovered is something that most of us who are in academia have always known: the “elite” schools are certainly very good, but they are also selective about their selectivity, routinely favoring the offspring of alumni, especially generous alumni. (Jared Kushner’s father endowed a building at Harvard, and presto! despite mediocre grades, Jared was admitted) They also have special “quotas” for certain kinds of athletes.

You can find plenty of intellectual deadwood in those “groves of academe.”

The parents involved in this particular scandal apparently fall into the “bragging rights” category, but whatever their motivations, ensuring that their children received a superior education was pretty clearly not among them.

What this sordid episode revealed was the utter superficiality of so much of American culture, where appearances are more important than substance, where a college education is seen as a credential rather than an opportunity to explore the store of knowledge that humans have amassed, or an effort to confront the existential questions that loom so large when we are young.

Approaching a college education as if it is a more “elite” form of job training is why many middle-tier struggling institutions are jettisoning courses in the humanities in favor of technical skills and STEM, and why parents try to talk their children out of majoring in “impractical” subjects like philosophy or anthropology or English literature.

People who view all of life as a game of one-upmanship want their children to attend “prestige” universities, whether or not those institutions are the best fit for that child.

People who view life as an adventure to be illuminated by knowledge, who view learning as a life-long task and college as a place where you learn how to engage in that task, are satisfied if their children attend any of the many, many institutions able to nourish their intellectual curiosity and introduce them to the great minds and achievements of human civilization.

If I was still helping my children search for those places, however, I think I’d look askance at the schools that (legally or illegally) traded admissions for money…

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Liberty Or Favoritism?

As we wait for the U.S. Supreme Court to decide another religious liberty case–this time, concerning the constitutional propriety of a 40-foot cross in Maryland–it might be helpful to revisit the origins of the competing definitions of “liberty” that are at the heart of so many of these cases.

We are told that the colonists who originally settled in what is now the United States came to the new world for religious liberty. And that’s right; they did. But their view of religious liberty was that it was “freedom to do the right thing.” And that involved establishing colonies where the government would make sure that everyone did “the right thing.”

Around 150 years later, George Washington became the first President of a country founded upon a very different understanding of liberty. Liberty was conceived of as freedom to do your own thing, so long as you did not thereby harm the person or property of someone else, and so long as you were willing to accord an equal right to others.

What had changed the definition of liberty? The scientific and intellectual movement we call the Enlightenment, which had occurred in the interim between the original Puritans and the Revolutionary War.

The U.S. Constitution may have been based upon the definition that emerged from the Enlightenment, but America still is home to lots of Puritans. And their “sincere belief” is that liberty means the government should be able to impose–or at least, privilege– their religion.

An editorial in The New York Times explains the case currently pending before the Court:

This week’s hearing, in American Legion v. American Humanist Association, involved a 40-foot cross in Bladensburg, Md., that was erected 93 years ago to honor fallen World War I soldiers. The question before the court: Is Maryland in violation of the First Amendment because the memorial is on public property and maintained with public funds?

There would be no constitutional violation if the cross were on private property. The issue is government endorsement of religion, which is prohibited by the Establishment Clause of the First Amendment.

The editorial notes that there is considerable confusion about the application of the Establishment Clause to public monuments.

Lower court judges are confused about how to apply the Supreme Court’s dictates in this area of the law, so more clarity from the high court — if not a definitive, bright-line rule — is in order.

Alas, such clarity doesn’t seem to be on the horizon. After Wednesday’s hearing, the court seems poised to allow the cross — which otherwise bears no religious inscriptions — to stay. But the justices don’t appear to be any closer to consensus on this issue than they’ve ever been.

“I mean, it is the foremost symbol of Christianity, isn’t it?” Justice Elena Kagan asked at Wednesday’s session. “It invokes the central theological claim of Christianity, that Jesus Christ, the son of God, died on the cross for humanity’s sins and that he rose from the dead. This is why Christians use crosses as a way to memorialize the dead.”

Justice Stephen Breyer, who in the past has wrestledwith the Constitution’s religion clauses, pondered whether “history counts” when assessing a monument’s legality. Maybe older displays, erected when the nation wasn’t nearly as religiously diverse, should be allowed, he suggested. “We’re a different country,” Justice Breyer said. “We are a different country now, and there are 50 more different religions.”

Not surprisingly, the Trump Administration–which wasn’t a party to the case and need not have offered an opinion–weighed in on the side of those who want the cross to remain.

The editorial concluded:

With its recent rulings, the Supreme Court has only muddied the separation between church and state by taking seriously religious objections to contraception, civil rights laws and the allocation of public funds. It is hard to fathom the justices being nearly as accommodating with a publicly funded monument to atheism or a Wiccan pentagram. And last month, the court couldn’t even agree that a Muslim death-row prisoner from Alabama deserved the same rights as Christians in his final moments.

However the justices resolve this the dispute, they would be wise to not sow more confusion in this area of the law and feed the perception that only certain religions and practices get a fair shake in public life.

When those “certain religions” are privileged, equality before the law takes a hit.

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What Is Civic Literacy?

Those of us who have spent years warning about the consequences of Americans’ low levels of civic literacy can take some comfort in the fact that Trump’s election not only proved our point, but seems to have generated an awakening among people who were previously unimpressed with the importance of the issue.

Here in Indiana, former Governor Mitch Daniels, who is now the President of Purdue University, has called for a campus-wide, mandatory civics test.

The faculty has been debating the proper approach to testing students’ civic literacy; in the meantime, they have

promised to let the president ask for a straight up-or-down vote on his baseline assumption that students should at least be able to pass the same test given to newly naturalized citizens.

Ah yes–the naturalization test.

As concerns about levels of civic ignorance have grown, a number of states have passed laws mandating the use of the naturalization test in order to graduate from high school. It’s so typical of American lawmakers, who tend to favor what I call “bumper-sticker” solutions. Civics instruction inadequate? Well, here’s a test. Give that. Problem solved.

Unfortunately, the questions on the naturalization test tend to be “civic trivia.” How many stripes on the flag? Name one branch of government? What are the first three words of the Constitution? How many U.S. Senators are there?

Now, knowing the answers to the questions on the civics test is fine. But it certainly doesn’t mean that the responder understands the way American government works. Knowing the length of a Senator’s term (another question on the test) tells you nothing about the operation of the federal government, or federalism’s division of jurisdiction–the relationships among local, state and federal levels of government.

It’s certainly nice if the test-taker can name ONE right protected by the First Amendment (another question), but that ability doesn’t translate into understanding the interaction of the religion clauses, or the purpose of free speech or a free press. Knowing that the first ten amendments are called the Bill of Rights doesn’t translate into understanding the “negative liberty” premise of the Bill of Rights– the reason that the provisions of the Bill of Rights only restrict government. (I wish I had a dollar for every student who has come into my classroom utterly unaware of that essential fact.)

What’s the difference between civil rights and civil liberties?

What is probable cause and why does it matter?

What do we mean by due process of law? The equal protection of the law?

If we really care about an informed electorate, a citizenry capable of debating the application of the actual constitution rather than a fanciful Fox-ified document, a citizenry with at least a superficial understanding of America’s history,  that isn’t going to be accomplished by a requirement that students correctly answer six questions from the citizenship test.

If I had a magic wand, I’d make every high school in the country require We the People–a curriculum that actually produces civically-literate citizens.

But that’s a solution that wouldn’t fit on a bumper-sticker.

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The Unremitting Attacks On Public Education

The attacks on public education by “privatization” ideologues have ramped up under Betsy DeVos, who–as Mother Jones has reported–wants to use America’s schools to build “God’s Kingdom” and who has spent a lifetime working to end public education as we know it. She has ramped up those efforts since becoming Education Secretary, and she has help from other billionaire privatizers.

Last September, The Guardian reported on an Arizona effort spearheaded by DeVos and the Koch brothers.

Arizona has become the hotbed for an experiment rightwing activists hope will redefine America’s schools – an experiment that has pitched the conservative billionaires the Koch brothers and Donald Trump’s controversial education secretary, Betsy DeVos, against teachers’ unions, teachers and parents. Neither side is giving up without a fight.

Groups funded by the Koch brothers and cheered on by DeVos succeeded in getting Arizona lawmakers to enact what the Guardian describes as “the nation’s broadest school vouchers law.” (If it is broader than Indiana’s program, that’s saying something.) The state-funded vouchers were designed to give parents more school choice and–like Indiana’s–could be used to enroll children in private or religious schools.

For opponents, however, the system wasn’t about “choice”–it was about further weakening Arizona’s public school system.

Six women with children in the public schools had lobbied unsuccessfully against the measure, and they decided to fight back. Arizona law allows referenda (Indiana’s does not), and the women decided–long odds or no– they would gather the 75,321 signatures they needed to get a referendum on the ballot to overturn the law. They formed a group, called it Save Our Schools, and set out to collect the needed signatures.

The six women inspired a statewide movement and got hundreds of volunteers to brave Arizona’s torrid summer heat to collect signatures – in parks and parking lots, at baseball games and shopping malls. Their message was that billionaire outsiders were endangering public education by getting Arizona’s legislature – in part through campaign contributions – to create an expensive voucher program.

One reason for their success in generating a movement was the fact that Arizona’s public schools are so obviously underfunded. Some classes have 40 students; schools have to ask private citizens to donate money for supplies and books.

One study foundthat Arizona, at $7,613, is the third-lowest state in public school spending per student, while another study foundthat from 2008 to 2015, school funding per pupil had plunged by 24% in Arizona, after adjusting for inflation – the second-biggest drop in the nation.

Save our Schools submitted 111,540 signatures to the secretary of state in August 2017, but the Koch brothers’ political arm, Americans for Prosperity, sued to block the referendum. A judge dismissed the lawsuit and approved the referendum for 6 November – it’s called Proposition 305. The vote will be closely watched by people on both sides of the debate as the Kochs and DeVos hope to spread the voucher scheme and opponents look to Arizona for clues on how to stop them.

Save our Schools won. 

A grassroots group of parents successfully overturned the massive school voucher expansion supported by the state’s Republican establishment, as the “no” vote on Proposition 305 won by a wide margin, the Associated Press has projected.

The “no” vote victory on Prop. 305 has major implications for the school-choice movement in Arizona and nationally, as the state has long been ground zero for the conservative issue and Republican leaders have crowned the Empowerment Scholarship Account expansion as a national template.

This is the way democratic systems are supposed to work when legislatures pass measures that conflict with the desires of the voters.

If we have public schools that are not performing satisfactorily, we need to fix them–not abandon them. And we absolutely should not be sending tax dollars to religious schools–a practice that only deepens America’s already troubling tribalization.

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