Watch Your Language

I think it was Tallyrand who said “speech was given to man to conceal his thoughts.” Political spinmeisters, advertising executives and faux scholars are proving him prescient; they have perfected the use of language to label and deceive, rather than communicate.

The following paragraph is typical (no link, as I have forgotten where I got it):

The Sanders-led progressive movement has successfully tugged the party to the left, bringing ideas that seemed fringe in 2016 to the center of the mainstream Democratic agenda. Many of the party’s presidential hopefuls now embrace some of the biggest planks of the Sanders platform, from Medicare for All to legalizing marijuana to rejecting corporate donations.

A genuine Leftist–vanishingly rare in the U.S.–would laugh at the suggestion that universal health care (once proposed by Richard Nixon), sane drug policies based upon sound medical research, and campaign finance reform (championed by John McCain) are somehow “far Left.” But that’s the state of political discourse in America these days, where ideology and animus trump both evidence and the careful use of language.

Peter the Citizen, an expert on social welfare programs to whom I’ve previously cited, recently sent me a good example of the way it works. (Peter is hardly a bleeding heart liberal–he worked in the Reagan White House. He just believes that research projects should be designed to find answers to questions, not manipulated in order to confirm pre-existing biases.) The issue was whether recipients of certain social programs should be required to work in order to qualify for benefits.

He wrote:”I believe work requirements can be a useful policy tool, but they must be reasonable, realistic, and based on sound evidence.  Too much of the debate today ignores these factors and is based on misreading the credible evidence that exists (i.e., the random assignment experiments of welfare-to-work programs) or, even worse, relies on studies with fundamentally flawed methods.

“How effective are work requirements?,” a paper by Angela Rachidi and Robert Doar of the American Enterprise Institute, came in for special scorn. The authors purport to find evidence that “largely supports” extending work requirements to non-cash programs like SNAP  and Medicaid, and they argue that critics of work requirements have “misread” and “misrepresented” this research.

As Peter notes,

It turns out that it is Angela and Robert who have misread the evidence.  They mischaracterize the arguments of “critics” of work requirements, misinterpret the results of random assignment experiments, and then over-generalize from a limited number of demonstration projects to make claims about work requirement proposals that would operate on a much larger scale, for different programs and populations, and with different levels of funding.

Peter’s paper critiquing this “research,” can be found here.

Peter also referenced an article titled “They’re the think tank pushing for welfare work requirements. Republicans say they’re experts. Economists call it ‘junk science,’” by Caitlin Dewey of The Washington Post. In the article, Dewey described the newfound influence of a think-tank named Foundation for Government Accountability (FGA) (given the name–the label– I assume its an offshoot of that well-known organization “Grandmas and Kittens for Good Government.”)

But hey–they are saying what Paul Ryan and the Koch Brothers want to hear, so they must be legit, right?

House Republicans – including [Speaker] Ryan, who was introduced to the group in 2016 through Kansas Gov. Sam Brownback – have repeatedly proffered the FGA’s analysis as proof that most Americans support strict work rules in welfare programs and that such rules boost income and employment.

While the FGA’s “studies” have support among some politicians, their work is not seen as credible by serious observers.  To understand why, it is informative to compare their methodological approach for making claims about the impacts of work requirements (and other welfare reform policies) with generally accepted criteria for assessing the soundness of an evaluation.

In 1997, Peter co-authored a monograph with Doug Besharov and Peter Rossi – Evaluating Welfare Reform: A Guide for Scholars and Practitioners – which described and explained those “generally accepted criteria.”  Peter applied the criteria the to the FGA’s “research,”  and developed the following “report card”: “How Do the Foundation for Government Accountability’s Evaluations of Welfare Reform Measure Up? A Report Card (Hint: The FGA Fails)”: https://mlwiseman.com/wp-content/uploads/2016/05/Evaluating-Welfare-Reform.pdf

In 1984, Orwell introduced the concept of “Newspeak,” language imposed by the governing Party. The purpose of Newspeak was to provide a medium of expression for the world-view and mental habits “proper to the devotees of Ingsoc, (the Party ruling Oceana)”– and simultaneously to make all other modes of thought impossible.

The “alternative facts,” of Trumpworld, politicians’ increasing use of language to obfuscate and label rather than inform, and the bastardized “research” of zealots and ideologues are creating an environment in which their version of Newspeak displaces actual conversation and distorts reality.

We. need to watch our language.

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The Real Constitutional Crisis

As anyone who reads my blogs and columns–or who has ever been a student in one of my classes–can attest, I have respect bordering on reverence for the American Constitution. But it is becoming painfully clear that some of the governing mechanisms required by that founding document no longer serve us. The Constitution was crafted, after all, to address the concerns of a very different age.

The dysfunctions of the system have been accelerating for some time, culminating in today’s parody of responsible government.

A recent article in Commentary Magazine focused on the undeniable fact that Congress is broken;

It is hard to avoid attributing every dysfunction of the moment to Donald Trump’s peculiar mix of reckless talk and often feckless action. But judged on a scale of institutional breakdown, the presidency—even this presidency—is not our biggest problem….

The budget process has never been so hobbled. Not only did we come close to an unprecedented government shutdown during single-party control of Congress and the presidency, but this year has also marked the first time in the four-plus decades since the modern budget process was created that neither chamber has even considered a budget resolution.

And the trouble didn’t start in just the past few years. Presidential hyperactivity in recent decades has masked a rising tide of dysfunction—giving us policy action to observe and debate while obscuring the disorder that was overtaking our core constitutional infrastructure. It kept us from facing what should be an unavoidable fact: Congress is broken.

As the author points out, whatever measure you apply–legislation passed, public approval, member satisfaction, even just committee work or each house’s ability to live by its own rules–will lead you to the same conclusion. And while there are many reasons for the institution’s abject failure to perform, the Constitutional language is among them.

The Constitution gives the Congress powers but not responsibilities. The president is required to execute the laws and tasked with responding to changing world events on the country’s behalf. The courts have to consider cases and controversies put before them and apply the laws accordingly. But while the general scope and reach of the Congress’s authorities are laid out in Article I, the institution is not really told what it must do within that scope. That’s because the assumption was that Congress would naturally seek to control things and run as far and as hard in pursuit of power as the Constitution allowed, so that only boundaries were needed.

As everyone who has studied the Constitutional Convention knows, the Framers worried most about the legislature (the “most dangerous branch”), and the prospect that it would run rampant.

Today’s Congress simply defies that expectation. It suffers from a malady the framers never quite imagined when they thought about politics: a shortage of ambition. Members are certainly eager to retain their offices, but they seem oddly indifferent to using those offices.

The article goes on, and I encourage you to click through and read it, but even though I think much of the analysis is accurate, I also think it is incomplete. The fecklessness of our current political class is also fostered by other structural defects required or permitted by the Constitution: the Electoral College and the primary authority of state governments for elections and redistricting, to name just two.

The problem is, if Americans were to engage in a redesign of the Constitution–if efforts to hold another Constitutional Convention (an effort currently underway) were to succeed–it is almost certain that the damage done would vastly outweigh any improvements. The people most eager to rewrite our national charter are precisely the people who shouldn’t be allowed near it. It isn’t just the theocrats and the “states rights” bigots, worrisome as they are, but well-meaning folks who have very limited understandings of economic and social realities–the “balanced budget” advocates and libertarian opponents of regulation and social welfare programs, among others.

Legal structures are inevitably reflective of deep-seated cultural assumptions, and cultural changes come slowly. Until such time as an effort to modernize the Constitution can be undertaken in a less politically toxic, uninformed and polarized environment–undertaken by civically-literate, knowledgable and public-spirited “renovators”–the best we can do is “eject and elect.”

We need to eject from Congress the sorry excuses who are currently failing to act responsibly, and we need to elect people who are willing and able to discharge their responsibilities.

We need to vote as if our futures depend upon it. Because they do.

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The Politics Of Resentment

It doesn’t take a genius–or even a person of above-average observational skill–to understand what motivates Donald Trump’s policy preferences. If Barack Obama was for it, he’s against it. His seething resentment of his predecessor is as painfully obvious as his disinterest in (and ignorance of) public policy, or his blatant cronyism.

Did Obama want to protect the environment? Well, then screw the environment.

This week, the Trump administration issued a Notice of Proposed Rulemaking (NPRM) which, if finalized, would cast aside the commitment made by President Bush and President Obama to increase fuel economy and reduce pollution. In doing so, the administration is on a path that could needlessly upend a settled regulatory framework that has brought together disparate interests, delivered predictability to automakers, improved cars, and reduced pollution. As such, the proposed new rules run counter to what Ford, General Motors, and others across the industry have consistently advocated. In fact, industry and the state of California appear largely aligned on how to proceed in resetting fuel-efficiency standards, and the only missing player is the Trump administration, despite the president’s prior direction to his team to negotiate.

Scholars with The Brookings Institution have called for a “dialogue” on the proposed rule making. They emphasize three “key points”: the proposed changes break with the bipartisan history of the program; the proposal will hurt the auto industry; and the administration has relied upon a range of very questionable assumptions that defy common sense (um..what else is new?), in order to justify its proposal.

They also point out that none of the stakeholders involved support the administration’s initiative.

The U.S. auto industry represents 3.5 percent of U.S. GDP and is responsible for 7 million direct and indirect American jobs. Freezing the standards will undermine investments by auto manufacturers and their suppliers, harming the competitiveness of the industry going forward. Research shows that when standards are set at aggressive but attainable levels, they immediately spur technological innovation, catalyze competitiveness, and support jobs. For example, a report published last year by Indiana University looking at the impact of fuel-efficiency standards estimated that investment in innovation could increase jobs by between 200,000 and 375,000 in the year 2025, and add between $138 billion to $240 billion in GDP between 2017 and 2025.

The Brookings scholars also point out that challenging California’s authority under the Clean Air Act would needlessly destabilize the consistency created by a streamlined national program.

Of course, none of this matters to an incompetent and needy President who is not only ignorant of policy (and science, and economics, and….) but who is motivated primarily by resentment of Obama, who once embarrassed him at a Correspondent’s dinner to devastating  effect.

What is undoubtedly even more galling to a man who wears his bigotry like a badge is that Obama has the effrontery to be an immensely popular black man whose personal, intellectual and cultural superiority to Donald Trump is glaringly obvious. The one and only consistent thread in Trump’s “policy agenda” is destruction of the hated black guy’s legacy.

If that destruction requires despoiling the planet, well, so be it.

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Did Your Health Insurance Premium Go Up? Thank Donald Trump

There’s a reason the Republicans are frantically trying to load the federal bench–including the Supreme Court– with ideological conservatives: given Congress’ refusal to discharge its constitutional duty to oversee the executive branch, the courts are the only recourse for Americans opposed to the criminal enterprise that is the Trump Administration.

There are currently hundreds of challenges to that administration making their way through the courts, and a number of them are critically important. One of those involves the “take care” portion of the chief executive’s job description–the duty to “faithfully execute” the laws of the land.

People who depend on the Affordable Care Act–and all citizens who believe that Presidents have such a duty –should be rooting for the success of a lawsuit recently filed by four cities. 

Vox introduced its report on that lawsuit thusly:

Abbe Gluck argued, in October 2017, that President Trump’s “sabotage” of the Affordable Care Act violated his duty under the Constitution to ensure laws passed by Congress are executed. This week four cities — Baltimore, Chicago, Columbus, and Cincinnati —filed a suit making that very claim.

Here’s the essence of the argument:

Modern American history has never seen as full-scale an effort to sabotage a valid law as we have with President Trump and the Affordable Care Act — a law whose legality has been upheld twice by the US Supreme Court.

The president has a legal obligation, under Article II of the US Constitution, to “take Care that the laws be faithfully executed.” That means he must make sure that our laws are implemented in good faith and that he uses his executive discretion reasonably toward that end.

His agencies likewise have a legal obligation, under the Administrative Procedure Act — the statute that sets the rules for our entire federal regulatory apparatus — not to use their power to engage in arbitrary action.

The intentional, multi-pronged sabotage of the ACA that we have seen during Trump’s presidency — reaching new heights since attempts by Congress to repeal the law failed — violates both Trump’s constitutional obligations and quite possibly the obligations of his Department of Health and Human Services.

Like the pending lawsuits alleging violations of the Emoluments Clause, the take care clause has rarely–if ever–been the basis of a lawsuit.  At least in modern times, it certainly hasn’t been the basis of a case against a president, and that is entirely understandable: most legal scholars agree that presidents need a fair amount of discretion in enforcing the laws. Demonstrating that the person in the Oval Office is purposely undermining a law rather than exercising discretion is extremely difficult. Usually.

But this, of course, is Donald Trump–idiot extraordinaire. Far from masking his motives (making proof difficult),  he has trumpeted and tweeted them.

The ACA requires the federal government to support the open enrollment period — in which individuals must sign up for insurance or lose their chance to do so. The ACA requires the federal government to, among other things, maintain a website and work with local “navigators” and other groups to educate consumers and encourage them to sign up for insurance.

Trump instead set out to make open enrollment a failure.

He cut the enrollment period in half, from three months to six weeks. He shut down the federal enrollment website for nearly 12 hours every Sunday during the period — a crucial window when working Americans might enroll. He has canceled already- scheduled events in which federal officials had planned to visit states and help with enrollment. He cut advertising for enrollment by 90 percent, from $100 million to $10 million, even though his administration charged insurers on the exchanges user fees to generate money for that same advertising. (Those fees far exceeded $10 million.)

One day before the new budget year began on September 1, he announced a 40 percent cut to those navigator programs — after promising them $60 million in grants in May, and afterhis administration had said it would support navigators in order to partly offset the obstacles erected by the curtailed enrollment period.

Why would President Trump want to stifle open enrollment? Because that would seriously weaken the ACA’s insurance markets, which require a mix of healthy and sick customers to be stable. In line with that ambition, he also signed an executive order last week that directs his agencies to consider policies that would allow the sale of new group and short-term plans lacking many ACA protections. These alternative plans are likely to pull even more healthy individuals out of the insurance markets.

The same day, Trump announced his plan to cut off important cost-sharing payments that the ACA promises to insurers to compensate them for reducing what individuals have to pay in premiums…  creating extreme instability in the insurance industry… And Trump made clear that his goal in cutting off the funds was to harm he law. He tweeted the same day the policy was announced: “ObamaCare is causing such grief and tragedy for so many. It is being dismantled …”

Knowledgable observers calculate that premiums would have declined this year, rather than increasing, if not for Trump’s sabotage. That’s bad enough, but if a President can get away with eviscerating rather than enforcing valid laws with which he personally disagrees, the rule of law becomes meaningless.

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Sinclair Media Encounters A Roadblock

In late July, the Washington Post ran a story that was tantalizing by virtue of what it omitted.

The paper reported that the FCC had raised substantial questions about Sinclair Broadcasting’s proposed merger with Tribune Media. In prior years, “substantial questions” by the FCC have been enough to derail proposals, and I was particularly surprised because up to this point, Ajit Pai, Trump’s appointee to head the FCC, has conducted himself precisely as one would expect a Trump appointee to behave, which is to say he has been a total tool of big telecom. For example, Pai engineered the repeal of Net Neutrality–despite the fact that his predecessor had strongly supported the policy (as do huge majorities of Americans) and despite the huge number of public comments protesting the move–an “accomplishment” that undoubtedly pleased Verizon, where he had been an executive before moving to the FCC.

Trump, of course, took to Twitter to express his disagreement, tweeting in his usual peevish and childish prose:

Trump said Tuesday that it was “So sad and unfair” that the FCC, an independent agency, did not approve the merger, a $3.9 billion transaction that would create a conservative television giant that originally hoped to reach roughly 70 percent of U.S. households.

In his tweet, the president stressed how the deal would provide a “conservative voice for and of the People,” though politics are not supposed to factor into merger considerations.

“Liberal Fake News NBC and Comcast gets approved, much bigger, but not Sinclair. Disgraceful!” the president tweeted.

Sinclair–dubbed the worst media company you never heard of by John Oliver--is a lesser known clone of Fox News; if it were allowed to become the country’s largest broadcaster, that would vastly increase the influence of its reactionary programming by adding millions of homes to its nationwide network. (Its original proposal had the company reaching 233 stations in 108 markets.)

So far, Pai has been a reliable Trump lackey, consistently siding with big business over the consumers whose interests his agency is charged with protecting.

Pai moved to allow more consolidation among TV stations last year by restoring an FCC accounting method known as the UHF discount. Under the discount, broadcast companies can own more stations before bumping up against a national audience cap limiting their reach to 39 percent of U.S. households. On Wednesday, a federal appeals court dismissed an effort by consumer advocacy groups challenging Pai’s decision.

That court ruling is a victory for Sinclair, even as its deal undergoes legal review. The company’s merger proposal depends on the UHF discount to stay compliant with the FCC’s national audience cap; after factoring in the discount, Sinclair has said, the combined company will reach 38.9 percent of U.S. households.

Some of Pai’s critics, including Democrats in Congress, have highlighted these and other policy moves in questioning the chairman’s relationship with the conservative broadcasting giant.

Sinclair has close ties to the Trump administration. During the campaign, according to Politico, the company made a deal with Trump in which it promised positive media coverage for preferred access. (Reputable journalists they are not.) Boris Epshteyn, who worked for Trump in the White House, is a company executive.

The FCC’s sudden concern about the merger raises two questions, one of which is: why? Has Pai suddenly discovered that the purpose of the FCC is not the empowerment of Big Telecom? Is he less of a pawn than he has heretofore seemed? Is there some history between him and Sinclair that might emerge to suggest a quid pro quo that would smear his reputation if he simply rubber-stamped the proposed merger?

Inquiring minds want to know!

When the “substantial concerns” were first announced, several media outlets asked: will the clear disapproval of the twit in chief cause Pai to back off? That question is now moot; yesterday, Tribune Media called off the merger and announced a lawsuit against Sinclair.

A good result, but a very, very curious chain of events….

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