Defining Merit

I read David Brooks’ columns in the New York Times pretty regularly. As I have noted previously, sometimes I agree with him and sometimes I don’t.

By far my most typical response to Brooks, however, is “yes, but…” That was my reaction to observations he shared a couple of weeks ago, at the height of the college graduation season. Here’s how he began:

Once upon a time, white male Protestants ruled the roost. You got into a fancy school if your father had gone to the fancy school. You got a job at a white-shoe law firm or climbed the corporate ladder if you golfed at the right club.

Then we smashed all that. We replaced a system based on birth with a fairer system based on talent. We opened up the universities and the workplace to Jews, women and minorities. University attendance surged, creating the most educated generation in history. We created a new boomer ethos, which was egalitarian (bluejeans everywhere!), socially conscious (recycling!) and deeply committed to ending bigotry.

You’d think all this would have made the U.S. the best governed nation in history. Instead, inequality rose. Faith in institutions plummeted. Social trust declined. The federal government became dysfunctional and society bitterly divided.

No argument with the first paragraph. It describes the world I grew up in.  (I attended a women’s college where the “joke” was that the school had accidentally admitted an extra Jew over its “quota” of 50, and three trustees had committed suicide as a result.)

The second paragraph, however, describes an aspiration rather than a reality. Yes, many of the barriers were removed; elite schools no longer imposed quotas for Jews, Asians and others, and more people went to college. But bluejeans do not an “egalitarian ethic” make–and among graduates of less-elite institutions, both recycling and a “deep commitment to ending bigotry” can still be pretty hard to find.

The third paragraph displays an inverted version of one the oldest logical fallacies: after this, therefore because of this. Here, Brooks says we had an unfair system, we made it (somewhat) fairer, and the measures we employed didn’t solve our social ills. Ergo, meritocracy doesn’t work.

Brooks says that the problem is with the “ideology” of meritocracy, which he believes encourages “ruinous beliefs,” including an exaggerated regard for intelligence (“Many of the great failures of the last 50 years, from Vietnam to Watergate to the financial crisis, were caused by extremely intelligent people who didn’t care about the civic consequences of their actions”); a misplaced faith in autonomy (leading to a society “high in narcissism and low in social connection”); a misplaced notion of the self (“a conception of self that is about achievement, not character”); and a misplaced “idolization” of diversity (“Diversity for its own sake, without a common telos, is infinitely centrifugal, and leads to social fragmentation”).

The essential point is this: Those dimwitted, stuck up blue bloods in the old establishment had something we meritocrats lack — a civic consciousness, a sense that we live life embedded in community and nation, that we owe a debt to community and nation and that the essence of the admirable life is community before self.

Actually, I don’t remember those “stuck up blue bloods” having much civic consciousness, but perhaps I encountered the wrong ones…

Brooks’ “essential point,” like Aristotle’s golden mean, locates virtue in the midpoint between  extremes. To the extent that “midpoint” is another word for reasoned moderation, that insight has proved valid through most of human history.

But our problem isn’t meritocracy; it is how we define our terms.

Merit is not defined by intellect alone, although I would argue that a respect for intellectual achievement is meritorious. Diligence, honor, compassion and other markers of character are  essential to any definition of merit. Nor is intellect merely a matter of IQ–genuine intellectual achievement requires an open mind and intellectual curiosity, not just capacity.

Autonomy does not require disconnection from community or preoccupation with self. Properly understood, it simply requires each of us to engage in self-government, to create and be true to our own telos. The most autonomous people I know are deeply involved with their communities.

Similar critiques can be made of the other terminology Brooks employs.

The problem isn’t that we reward people on the basis of merit; the problem is we don’t agree on what constitutes either merit or an appropriate reward.

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Still Fighting The Last War

Indiana Republicans seem determined to keep fighting the culture wars–especially the ones they’ve already lost.

At the Republican state convention–held the same day that approximately 100,000 Hoosiers gathered in Indianapolis to celebrate Pride and watch a parade that has become larger than the parade mounted by the Indy 500– GOP delegates voted down a proposed change in the party’s platform. The change would have removed language describing marriage as only between a man and woman.

Take that, 21st Century!

As the Northwest Indiana Times reported,

EVANSVILLE — The Indiana Republican Party, by an overwhelming margin, reaffirmed Saturday its commitment to marriage “between a man and a woman” as the preferred structure for Hoosier families.

In so doing, the 1,494 GOP delegates attending the party’s biennial state convention turned aside a revised “strong families” platform plank, proposed by Gov. Eric Holcomb’s party leadership, that expressed support for all adults raising children, in favor of renewing explicit support for opposite-sex marriage that first was inserted in the platform in 2014 by marriage equality opponents.

According to several reports, most of the delegates in attendance applauded and cheered following the vote. The reaction was described as an endorsement of “Mike Pence-era” attitudes.

Daniel Elliot, the Morgan County GOP chairman and leader of the Republican Victory Committee that pushed the platform issue to the convention’s forefront, said preferring man-woman marriage “is an important part of who we are as Hoosier Republicans.”

Unfortunately for Indiana, he’s right. It is who they are.

Hoosier Republicans continue to deny the equality of their LGBTQ neighbors–and generally reject other efforts to move the party in the direction of inclusiveness for people who don’t look like the people they see in their churches on Sunday, or in their mirrors. The Indiana GOP is– as the Northwest Times article suggests– still the party of Mike Pence.

It isn’t just homophobia. Members of the Pence party are suspicious of calls for equal pay for us “uppity” women, let alone the scandalous notion that we should be allowed to control our own reproduction. Pence Party Hoosiers want to halt immigration (at least from south of the border), and they roundly reject the notion that we might have an obligation to resettle the women and children refugees who have fled from unimaginable horrors. They are equally uninterested in the possibility of raising the minimum wage in order to ameliorate the struggles of the working poor– the third of Hoosier families that fall within the ALICE demographic.

Mostly, however, it’s “non-Biblical” sex that offends them. (Or, as a friend of mine used to opine, they are enraged by the prospect that across town somewhere, someone is having a good time…)

It will be interesting to see how these Pence party attitudes–which may have carried the day in Evansville, but are by and large not shared even by urban Republicans– play out in November. Granted, this is Indiana–the “buckle on the Bible Belt”–but citizens of this red state have largely come to terms with the Supreme Court decision on same-sex marriage. Lots of Hoosiers have gay friends and relatives, significant numbers attend churches and synagogues that are affirming and welcoming, and they are ready to move on.

The “Pence party,” not so much.

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Conservative Values?

Mitch McConnell spoke last Friday to an annual evangelical-based conference for “voters of faith,” at which he was quoted as saying the following:

 In my view, the last 16 months have been the single best period for conservative values since I came to Washington.

Really?

Let’s leave aside the dubious “conservative values” of a thrice-married President who boasts of grabbing women’s genitals and who lies whenever his lips move. Instead, let’s look at the policies that have been put in place, either legislatively or through executive branch action, during the past sixteen months.

(I would have begun with McConnell’s own successful effort to trash the Constitution’s requirement that the Senate “advise and consent” to Presidential Supreme Court appointments, but that occurred outside the sixteen-month window.)

Back when I was a Republican, “conservative values” began with fiscal prudence and a discomfort with debt. Passage of a tax bill that adds trillions of dollars to the national debt in order to reward the wealthy doesn’t fall within the definition of fiscal prudence.

While the Grand Old Party has always included an undercurrent of bigotry (an undercurrent from which Democrats weren’t exempt), after William F. Buckley and other intellectuals made the case that the Birchers and anti-Semites and their ilk should be banished from influence, candidates who still wanted to appeal to that constituency did so through “dog whistles.” This Administration and a growing number of Republican candidates have abandoned that presumed “subtlety” for full-throated racism and misogyny. (Is David Duke’s support of Trump and Trumpism evidence of “conservative values”?)

I also remember respect for law and order being central to conservatism. Is Trump’s wholly unjustified attack on the FBI–not to mention the rule of law– part of that triumph of conservative values?

And how about family values? Granted, the phrase was usually a cover for some pretty discriminatory attitudes, but to the extent that the GOP and conservatives truly believe in the sanctity of marriage and the value of motherhood, how do those beliefs square with the practice of ripping children out of their mothers’ arms at the border? (As several people have pointed out, these families are making perfectly legal applications for refugee status; they aren’t sneaking across the border.)

Evangelical conservatives have always been leery of science, but secular conservatives and those who worship at less fundamentalist churches have valued education and scientific knowledge. The current Administration and GOP legislators reject evolution, dismiss climate science and refuse to take scientific advice on other topics.

Conservatives have previously been steadfast in their support of free markets. Trump has consistently attacked free trade, and has now imposed economically-damaging tariffs (on our friends!) that are likely to start a trade war. McConnell’s “conservatives” have remained mute.

And what about the time-honored conservative value of a strong national defense? Republican legislators have been complicit as Trump has damaged relations with our allies, trashed NATO,  cozied up to some of the world’s worst dictators, ignored warnings from America’s Intelligence agencies and appeared to be Vladimir Putin’s lap-dog.

Genuine conservatives value traditional standards of behavior and order. They believe in conserving the rules that have served us in the past. Liberals may disagree with conservatives about the proper role of government or the choice of rules to conserve, but those are principled differences of opinion between principled individuals whose values differ.

I don’t know what to call the “values” of the people running this country right now, assuming they have any, but whatever they are, they are neither conservative nor liberal. To coin a phrase, they’re deplorable.

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The Nationalization Of Politics

Over at FiveThirtyEight.com, Dan Hopkins makes one of those observations that seems so obvious once you’ve read it…

Hopkins addresses one of the troubling features of today’s political reality: the nationalization of our politics. As he notes, the actions of state and local elected officials have an important and immediate effect on our lives–why, then, do Americans seem  fixated on Washington, D.C. almost to the exclusion of local politics?

He attributes much of the change to the transformation of American media markets, and how that transformation has affected voters’ knowledge and participation levels.

According to Hopkins, Americans are increasingly turning away from media outlets that provide state and local coverage, substituting Fox News or MSNBC or other sources providing national coverage for their hometown newspapers and television news reports.

The effects are felt in turnout numbers:

It’s not exactly news that turnout for state and local races is lower than turnout for presidential races. But this pattern’s very familiarity may have obscured just how surprising it is. After all, states and localities take primary responsibility for schools, transportation and criminal justice, three policy areas that can have a major effect on people’s day-to-day lives. And if people were motivated to vote primarily by the idea that their vote might decide the outcome, they would be far more likely to cast a ballot in a small local elections, where their odds of being the decisive vote are much higher, than in a national one.

In a federalist system, it is always noteworthy when national politics draw a disproportionate level of attention — and all the more so when the gap between national politics and state and local politics has been growing sharply. That’s exactly what has been happening in the past few decades: Voter turnout for president has remained roughly constant while turnout for state and local races has fallen.

Hopkins is correct in noting that, since 1980, Americans have increasingly turned to national media to learn about politics.  Where I find his analysis wanting, however, is his attribution of that change to a perceived advantage that these national content providers have over what he calls “older, spatially bound media sources.”

I think Hopkins misses a far more compelling explanation: local news has become dramatically less newsworthy, when it has survived at all.

Television news has always been more superficial than newspaper reporting–it also has depended on local newspapers more than most viewers appreciate. And we’ve lost local newspaper journalism.

Not long before the Internet became ubiquitous, major chains like Gannett were busily buying up local newspapers. When Internet competition cut dramatically into the profits generated by those local papers (Craig’s List alone cost them billions annually in classified advertising revenue), those papers became far less profitable. Many were still saddled with the debt incurred when they purchased the local papers, many of which had been bought at a premium justified by pre-Internet profit margins.

Most papers responded as our local newspaper did– by drastically cutting editorial staff.  Today, our daily paper has little to no news content other than sports and entertainment. No one is regularly covering the statehouse or city hall. There are no beat reporters assigned to school board meetings, or city-county council meetings, and on the rare occasion when a reporter is sent to cover some government activity, he or she lacks the background knowledge needed to ask the pertinent questions, or to really understand what is going on.

State and local government has become less visible and accountable because we have no local journalists devoted to making making them visible or holding them accountable. (And speaking of accountability–a recent study conducted by a Notre Dame professor has confirmed a direct correlation between a rise in the cost of local government and the loss of local newspapers.)

We aren’t reading the local paper any more because there is very little actual news to read.

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A Blow To Judicial Independence

California held its primary election last week, and among the results was a successful recall of Judge Aaron Persky.

Persky was the judge who gave a six-month sentence to Brock Turner, a Stanford athlete convicted of sexually assaulting a woman who had passed out. The sentence was seen as a slap on the wrist, and in the #MeToo era, it aroused enormous anger.

I’m not arguing that the sentence was appropriate, or the anger unjustified. But recalling a judge whose decision in a case angers the general public is a serious and damaging assault on judicial independence. The Constitution gave us three branches of government–two of which are answerable to voters. Judges are supposed to be answerable to the Constitution and the rule of law.

As a public defender wrote in a column for Vox, 

This was the first successful recall in California in almost 90 years. Though the recall only involved one judge, its impact will be felt nationwide.

It sends a dangerous message to judges everywhere: If we don’t like one decision you make, you’re out. That represents a terrible threat to judicial independence and highlights the problems with electing judges — or subjecting appointed judges to reelection. They need the protection to think independently, even if they sometimes make decisions we don’t like.

I am not arguing that Turner’s sentence was the right one. Indeed, as a public defender, I am all too aware of the racial and class disparities in sentencing that redounded to Turner’s benefit. I have previously written about the ways privileged criminal defendants often are rewarded precisely because of their privileges. (One need look no further than Harvey Weinstein, who easily posted bail and did not spend a day in jail after his arrest.) But allowing an uninformed public to punish a judge for one unpopular decision jeopardizes the integrity of our entire system.

I was living in Indianapolis when a federal court judge ruled that the city’s public schools must be desegregated. It was not a popular decision, to put it mildly–in fact, it was so unpopular that the Judge required police protection for a prolonged period. If he could have been recalled, the schools might still be segregated.

One of the reasons I oppose judicial elections is that a judge who knows he must face voters is likely to weigh the merits of a case against the probable public reaction. If you are a judge with a mortgage and a couple of kids in college, how willing will you be to buck public opinion in a high-profile case?

Ironically, as the Vox article notes, the effects of this recall are more likely to be felt by the disadvantaged than by the privileged.

Given that the criminal justice system disproportionately targets and prosecutes the poor and people of color, the ones who suffer from judges feeling pressured to sentence harshly are not people with privilege like Turner, but those without privilege.

Judges have always had more incentives to punish harshly than leniently, and elections only increase these pressures. A Brennan Center for Justice study found that when judges are approaching reelection, they are more likely to impose harsher penalties. This is common sense, given that judges who have sentenced a defendant harshly rarely make the news….

When judges are looking over their shoulders, worried about losing their jobs if they enrage the public, the fairness of our system is compromised. Judicial independence is especially important because the public is often wrong, particularly on a local level.

Lawyers who actually practice in Judge Persky’s court–including the head prosecutor– report that he is a thoughtful, fair judge, and not known for leniency. In the Turner case, Persky had followed the probation department’s sentencing recommendation.

When we allow public outrage to  trump respect for judicial independence, we throw the baby out with the bathwater.

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