Limiting Power

Credit where credit is due: not only has the Trump administration rekindled civic engagement (scholars tell us that the number of people on the streets protesting exceeds the number who protested the Vietnam War), but his accidental ascension to the Presidency has highlighted the need to revisit constitutional provisions that no longer serve their intended purposes.

The problem, of course, is that We the People are too divided and too historically and civically illiterate to be trusted with the task of constitutional revision.

When–and if–the time ever comes that we are capable of making careful revisions to our foundational document, there are a number of issues to consider. The most obvious, of course, is the Electoral College, but there are also several aspects of federalism that should be reconsidered in light of contemporary technology and transportation. For example, there is no reason elections should continue to be administered by the states. A national, nonpartisan agency could maintain a national registration database, ensure standardized procedures and hours, and dramatically curtail partisan game-playing of the sort we’ve seen in Georgia and the incompetence Hoosiers experienced in Porter County, Indiana.

There is an even more significant assumption that we  need to re-think.

The American Constitution limits the power of the state. It was written at a time when governments were the entities wielding the most power, and focusing on the state made sense because constraining power was the whole point. The protection of personal autonomy–our individual right to direct our own lives, so long as we don’t harm the person or property of others and so long as we are willing to let others do the same–was the goal, and it required restraints on power.

I thought about that when I read this article from Common Dreams. Today, many governments are less powerful than multi-national corporations.

As corporations in the United States and around the world continue to reap record profits thanks to enormous tax cuts, widespread tax avoidance schemes, and business-friendly trade and investment policies, an analysis by Global Justice Now (GJN) published Wednesday found that the world’s most profitable companies are raking in revenue “far in excess of most governments,” giving them unprecedented power to influence policy in their favor and skirt accountability.

Measured by 2017 revenue, 69 of the top 100 economic entities in the world are corporations, GJN found in its report, which was released as part of an effort to pressure the U.K. government to advance a binding United Nations treaty that would hold transnational corporations to account for human rights violations.

“When it comes to the top 200 entities, the gap between corporations and governments gets even more pronounced: 157 are corporations,” GJN notes. “Walmart, Apple, and Shell all accrued more wealth than even fairly rich countries like Russia, Belgium, Sweden.”

As difficult as it can be to subject governments to the rule of law, constitutions and legal systems do provide mechanisms to hold them accountable.  By contrast, it is incredibly difficult for citizens to hold powerful corporations to account.  Increasingly, as the article notes, trade and investment deals allow corporations to demand that governments do their bidding rather than the other way around.

“From a coal mine in Bangladesh that threatens to destroy one of the world’s largest mangrove ecosystems to hundreds of people at risk of displacement from a mega-sugar plantation in Sri Lanka, corporations and big business are often implicated in human rights abuses across Asia” and the world, Friends of the Earth Asia Pacific noted in a blog post on Wednesday, describing the U.N. treaty as a potential “game-changer.”

“Companies are able to evade responsibility by operating between different national jurisdictions and taking advantage of corruption in local legal systems, not to mention the fact that many corporations are richer and more powerful than the states that seek to regulate them,” Friends of the Earth concluded. “We must right this wrong.”

The question, of course, is how?

It is becoming increasingly clear that massive reforms to global law and governance will be required if human liberty is to survive the changes that increasingly confront us. Given the numbers of people who have an overwhelming fear of change and who respond by embracing tribalism and autocracy, the odds of a successful “reboot” look pretty daunting.

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Putting Profits Before People

It is really, really difficult to mount effective opposition to even the stupidest, craziest policies of the Trump Administration, because there are so many of them. From the environment to the social safety net to the rule of law, the attacks just keep coming.

So if you haven’t heard about the variety of ways in which Betsy DeVos is protecting her for-profit pals while screwing over taxpayers, students and public schools, that’s unfortunate but entirely understandable.

Lest Betsy get buried in this administration’s growing mountain of excrement, let me share one  decision that highlights her priorities–priorities that perfectly align with those of her fellow Trumpian plutocrats.

Courtesy of the Brookings Institution, we learn

On a Friday in mid-August, Education Secretary Betsy DeVos quietly announced that she would abolish the Obama administration’s gainful employment (GE) regulation–a safeguard that protected students from for-profit career programs that left graduates with poor job prospects and unmanageable student debt.

Her decision means that hundreds of thousands of our nation’s students–chiefly minority students, single moms, veterans, dislocated workers, and working adults–will now be trapped in low-performing for-profit programs and burdened with unaffordable and often life-limiting debts. Her regulatory rollback marks a betrayal not only of our nation’s most vulnerable students, but an abandonment of traditional conservative principles about institutional accountability for taxpayer dollars.

You have to read this jaw-dropping description of how the Department of Education “oversees” for-profit institutions to see just how far this purportedly “conservative” administration has strayed from what used to be bedrock conservative dogma.

To see just how extreme Secretary DeVos’s departure is from conservative principles, we ask this litmus test question: What would it take for a career education program to lose its eligibility for federal student aid under Secretary DeVos’s plan? The answer: A for-profit institution cannot lose its financial lifeline, no matter how poorly it performs its statutory mission to train students for gainful employment in a recognized occupation. One hundred percent of students can drop out of their career program, or not a single graduate could land a job in their field of training, and still the federal government would be willing to keep the taxpayer money pipeline of federal student loans and Pell Grants flowing unabated to the school. It’s a federal free-money plan—“accountability” stripped of consequences.

When I characterize DeVos’ approach as a departure–a U turn!– from what used to be GOP orthodoxy, I’m not exaggerating. In my wildest imagination, I never thought I would point to Bill Bennett–a blowhard I detested–as an example of “doing it right.” (But then, I wouldn’t have believed that I would look back at George W. Bush with something close to fondness, either…)

Bennett, as most of you probably remember, headed up DOE under Saint Ronald Reagan.

When he realized that numerous for-profit colleges were performing abysmally, he proposed new regulations that forced more than 2,000 postsecondary institutions to immediately face a hearing to determine whether their default rate on federal student loans was over 20%. If it was, their participation in federal student aid programs was limited, suspended, or terminated. Bennett especially blasted shoddy trade school programs, calling their “pattern of abuses” “an outrage.”

Then there was Lamar Alexander, also a Republican. He spearheaded the 1992 amendments to the Higher Education Act (HEA), under which postsecondary institutions lost their eligibility for federal student aid if their student default rates exceeded 25 percent for three consecutive years. By 2000, more than a thousand postsecondary schools lost their eligibility–and more than 80% of them were for-profit.

When a political party reverses its longstanding position on an issue, the obvious question is why.

The first and most important cause of the Republican retreat from accountability is the growing power of the for-profit college lobby. By 2005, the eight largest for-profit college chains had a combined market value of $26 billion. For-profit colleges, which always had aggressive lobbying operations, started donating much more money to congressional representatives and switched more of their giving from Democrats to Republican lawmakers. When the Obama administration released its final GE rule, the for-profit lobby donated twice as much to Republican lawmakers ($1.17 million) as to Democratic lawmakers ($583,000).

You really need to read the entire report. And weep.

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When You Hire A Goof-Off

There are lots of metrics for determining whether a worker is performing adequately. HR experts all over the country can share them. If you have ever been responsible for managing personnel (I have–it was the very least favorite part of my job), you know how frustrating it can be when an employee is goofing off, failing to meet timelines or generally just not doing the job.

Voters “hired” Donald Trump to fill the position of Chief Executive. Forget the corruption, the ignorance and the evident mental illness–what would a basic job evaluation by a dispassionate, politically-neutral observer look like? A few “data points” are instructive.

CNBC looked at a very basic element of the job: assembling a team of middle-and-upper managers.

On his 500th day in office, President Donald Trump tweeted a list of accomplishments that he said “many believe” is longer than any other president.

One list that remains longer than most of his recent predecessors is the number of White House positions that remain unfilled.

After more than 16 months in office, the Trump administration has yet to fill hundreds of key jobs that require Senate confirmation. The delays are longer than for any of the last six administrations.

The most worrisome of those empty positions are at the United States State Department. More than 40 top jobs remain vacant, and dozens of ambassadors who’d been appointed by Obama and fired by Trump on Inauguration Day have yet to be replaced. Given the precipitous drop in the regard in which other countries hold the United States, and the international issues we face, it would be helpful to have people working on such matters.

Meanwhile, the departments of Defense, Homeland Security, Housing and Urban Development, Energy and Interior,  the Social Security Administration, the U.S. Postal Service and the CIA still have no Inspectors General. Given the almost-daily revelations of  corruption in the Trump Administration, I tend to think this lack of oversight is intentional.

Then there’s this recent report from Raw Story:

An investigation by Politico has found that President Donald Trump’s “executive time” — which is used by the White House as a euphemism for the time he spends watching cable news — absolutely dwarfs the time allotted to doing official work.

Specifically, Politico reports that last Tuesday, “the president was slated for more than nine hours of ‘Executive Time,’ a euphemism for the unstructured time Trump spends tweeting, phoning friends and watching television.” The publication then notes that “official meetings, policy briefings and public appearances — traditionally the daily work of being president — consumed just over three hours of his day.”

Now, this bit of information should probably be considered good news rather than dereliction of duty; God knows how much more harm he’d do if he actually worked at it. That said, it’s one more indication–as if we needed further evidence–that Trump has no  interest in actually governing.

It’s hard to disagree with Michael Cohen, who produces a newsletter called Born in the USA, when he sums up what Trump’s real interests are.

“The thing that Trump seems to enjoy most about being president is going to campaign rallies and looking out into a sea of adoring white faces, who applaud him, laugh at his jokes, and feed his limitless need for validation and approval. So making these people happy is really about making Trump happy.”

Making Trump happy is the last thing I want to do.

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Wise Words

Two different Facebook friends attended Donald Trump’s rally in Southport, Indiana, an Indianapolis bedroom community, in the week prior to the midterm election. Both were there simply to observe–one was with a group of protesters, but the other was on a sort of “reconnaissance mission.” Who, she wondered, were these Hoosiers who continued to support a man she considered morally repulsive?

Both of these observers were shaken by the experience. Trump’s “adoring crowds” evidently really do adore him. (Those “over the top” comparisons to Hitler may not be so over the top.) His crudeness and vulgarity, his contempt for expertise and elemental humanity, evidently validate them in some fashion that I can’t comprehend.

It may be because he gives them someone to blame for life’s disappointments and failures–someone black or brown or Jewish or Muslim.

We keep hearing that 90% of Republicans still strongly support Trump, and that’s terrifying. But what we don’t hear nearly as often is the corollary: that the number of people who continue to call themselves Republican has dramatically diminished. As the party has metamorphosed into a cult, a large number of good, sane Americans who were previously Republican  have run for the exits.

One of those was “Sully” Sullenberger–a lifelong Republican best known for safely landing a plane in an episode usually referred to as the “miracle on the Hudson.” Right before the election, he wrote an op-ed for the Washington Post, and it’s worth quoting.

He began by referencing that storied landing:

Nearly 10 years ago, I led 154 people to safety as the captain of US Airways Flight 1549, which suffered bird strikes, lost thrust in the engines and was forced to make an emergency landing on the Hudson River. Some called it “the Miracle on the Hudson.” But it was not a miracle. It was, in microcosm, an example of what is needed in emergencies — including the current national crisis — and what is possible when we serve a cause greater than ourselves.

Sullenberger recounted the important contributions of passengers and airline personnel to the effort to avert disaster, and emphasized the importance of good  judgment, experience, skill — and combined efforts of people working together. He then made a crucial point.

To navigate complex challenges, all leaders must take responsibility and have a moral compass grounded in competence, integrity and concern for the greater good.

Concern for the greater good is a concept entirely foreign to Donald Trump (who, incidentally, displays neither competence nor integrity). Sullenberger didn’t identify Trump by name, but it was impossible not to know who he was talking about when he wrote the following:

In every situation, but especially challenging ones, a leader sets the tone and must create an environment in which all can do their best. You get what you project. Whether it is calm and confidence — or fear, anger and hatred — people will respond in kind. Courage can be contagious.

Today, tragically, too many people in power are projecting the worst. Many are cowardly, complicit enablers, acting against the interests of the United States, our allies and democracy; encouraging extremists at home and emboldening our adversaries abroad; and threatening the livability of our planet. Many do not respect the offices they hold; they lack — or disregard — a basic knowledge of history, science and leadership; and they act impulsively, worsening a toxic political environment.

As a result, we are in a struggle for who and what we are as a people. We have lost what in the military we call unit cohesion. The fabric of our nation is under attack, while shame — a timeless beacon of right and wrong — seems dead.

Toward the end of his essay, Sullenberger (unlike the people at Trump rallies or the spineless enablers in Congress) firmly elevates the national interest over partisan loyalties.

For the first 85 percent of my adult life, I was a registered Republican. But I have always voted as an American. And this critical Election Day, I will do so by voting for leaders committed to rebuilding our common values and not pandering to our basest impulses.

We sometimes forget that there are thousands of former Republicans who–like Sullenberger–chose to leave the GOP when it became the party of Trump and the unhappy White Nationalists who drink his Kool-Aid.

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The Essence Of My Angst

A lot of Americans were breathing sighs of relief Wednesday. With Democrats in control of the House, there will be some accountability–at least some measure of those “checks and balances” not enough of us learned about in high school civics.

The problem is, while sanity won a skirmish, it didn’t win the war. Just two examples of what reasonable people are up against:

From The Hill, we learn that Republican state Rep. Matt Shea, who published a manifesto calling for “war” against enemies of Christianity, was reelected in Washington state.

Shea, a six-term legislator, won with 58.3 percent of the vote, defeating his Democratic challenger by a comfortable margin, according to local NBC affiliate KHQ 6.

In a manifesto he published and distributed, titled “Biblical Basis for War,” Shea calls for the end of same-sex marriage, abortion and the death of all non-Christian males in America if religious law is not followed.

Nice guy.

And then, of course, the news has been full of terrifying details about Jeff Sessions’ replacement at the Department of Justice. (If you thought it would be difficult to exceed the mismatch between Sessions and the word Justice, you were wrong…).  In 2014, when the new acting Attorney General was a candidate for the U.S. Senate, he said he would only support federal judges who “hold a biblical view of justice.” And not just any biblical view–an explicitly New Testament view.

As a lawyer, one might expect him to know that setting religious conditions for holding a public office would violate the Iowa and U.S. constitutions. He was effectively saying that if elected, he would see no place for a judge of Jewish, Hindu, Muslim, Buddhist, agnostic or other faith, or of no faith. Yet no one in the audience or on the podium seemed to have a problem with that, and his answer drew applause.

Whitaker is also on record as criticizing the Special Counsel inquiry as a “witch hunt.” (hmm..where have I heard that phrase before?)

These are just two example out of the many, many others we might point to, and they underscore the points made in Gin and Tacos, in a post that may be the most perceptive commentary on the election and the country that I’ve seen in a very long time.

The post was titled I Know Why You’re Sad. 

On paper, Tuesday was a good day for Democrats. They took the House for the first time in eight years. Several important Governorships (in advance of post-Census 2020 redistricting battles) were won. Notably vile Republicans like Kris Kobach, Scott Walker, and Dana Rohrabacher lost. The high-visibility Senate races Democrats lost (Missouri, Tennessee) were pipe dreams anyway. You already knew that Florida sucks, hard. So you’re not sad because “The Democrats did badly.”

You’re also not sad because Beto lost, or Andrew Gillum lost, or any other single candidate who got people excited this year fell short. They’re gonna be fine. They will be back. You haven’t seen the last of any of them. Winning a Senate race in Texas was never more than a long shot. Gillum had a realistic chance, but once again: It’s Florida.

So why are we sad? Because Ed (the author of Gin and Tacos doesn’t share his last name) is right. We are still sad.

No, you’re sad for the same reason you were so sad Wednesday morning after the 2016 Election. You’re sad because the results confirm that half of the electorate – a group that includes family, neighbors, friends, random fellow citizens – looked at the last two years and declared this is pretty much what they want. You’re sad because any Republican getting more than 1 vote in this election, let alone a majority of votes, forces us to recognize that a lot of this country is A-OK with undisguised white supremacy. You’re sad because once again you have been slapped across the face with the reality that a lot of Americans are, at their core, a lost cause. Willfully ignorant. Unpersuadable. Terrible people. Assholes, even.

There’s more, and every word is worth reading, but let me just share the conclusion.

These people are not one conversation, one fact-check, and one charismatic young Democratic candidate away from seeing the light. They’re reactionary, mean, ignorant, uninterested in becoming less ignorant, and vindictive. They hate you and they will vote for monsters to prove it.

Remember this feeling. Remember it every time someone tells you that the key to moving forward is to reach across the aisle, show the fine art of decorum in practice, and chat with right-wingers to find out what makes them tick. Remember the nagging sadness you feel looking at these almost entirely positive results; it will be your reminder that the only way to beat this thing is to outwork, outfight, and out-organize these people. They are not going to be won over and they will continue to prove that to you every chance they get.

We’re sad because he’s right.

There may be some “very fine people” among the Trump voters. But there aren’t very many. And we’re sad because we are beginning to recognize that there are some compromises that are impossible– and some aisles that simply can’t be crossed– without losing our souls.

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