Words Fail–Edition Number Zillion…

Every day, it seems, Americans are waking up to new expressions of punitive hatefulness erupting in state legislative chambers, mostly but certainly not exclusively in the South.

From The New Civil Rights Movement, we learn that

Led by Republican Speaker Tim Moore (photo), Republican House lawmakers in North Carolina have just passed a sweepingly broad anti-gay bill in a special session called just for this one bill. The bill will void all local nondiscrimination ordinances. It will also mandate that all public accommodations ordinances, all minimum wage ordinances, and all employment discrimination ordinances come only from the General Assembly – state lawmakers – effectively banning any localities from protecting citizens in any of these areas.

The bill, HB 2, passed by a huge margin, 83-24, after less than three hours of debate and just 30 minutes of public comment.

HB 2 now heads to the Senate, who will take it up immediately.

It is expected to pass and Governor Pat McCrory, who called for the bill, is fully expected to sign it.

So–as long as we are striking back at LGBT citizens who have had the nerve to demand equal treatment before the law and the right to use a gender-identity-appropriate bathroom–let’s also pile on and punish the working poor, minorities, women….It is really hard to fathom what could impel an elected official to vote for a measure this hateful.

It’s worth noting that this North Carolina eruption is yet another illustration of the growing divide between urban and rural Americans; this special legislative session is a response to the passage of a nondiscrimination measure in Charlotte. In North Carolina–like other states, including Indiana–rural areas wield disproportionate influence in the statehouse.

It may also be that these lawmakers feel free to act on their bigotries because they are confident they will not have to defend their votes in a democratic election. After all, it can’t be coincidental that North Carolina is the most gerrymandered state in the country, and is currently embroiled in litigation over that fact, and over the state’s other assaults on voting rights.

I refuse to believe that this measure is an accurate reflection of North Carolina voter sentiment. This despicable behavior is what you get when the legislators choose their voters, rather than the other way around.

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An Intriguing “What If?”

A recent op-ed in the New York Times posed an intriguing possibility–Republican voters who are frantically looking for an alternative to The Donald might opt for Gary Johnson, a former Republican Governor of New Mexico. (At least he has more government experience than Trump.)

Johnson was the Libertarian Party’s candidate for President last time, and  is likely to be their candidate again in 2016.  Supporting him would solve the biggest problem facing those who are advocating a third-party or independent presidential campaign.

The biggest hurdle anti-Trump Republicans must overcome, aside from finding a candidate willing to go into the wilderness for them, is getting on the ballot. The presidential election system is a patchwork of state deadlines and ballot requirements. Ralph Nader, who critics say helped usher George W. Bush into the White House by running as a Green Party candidate in 2000, is extremely familiar with the ballot requirements, having been booted off the Pennsylvania ballot in 2004. While Mr. Nader is happy to rail against the “two-party tyranny” of the American electoral system, he thinks starting a third-party run at this point in the election season a near-impossible goal.

“It’s almost too late, unless you’re a multibillionaire,” Mr. Nader said. “Other than just a tailored two- or three-state approach, I don’t see it happening.”

There was a time, twenty or twenty-five years ago, when the Republican Party was beginning its change from a big-tent major party into the extremist, litmus-test amalgam of resentment and reaction that it has become, that the Libertarians had an opening–an opportunity to step in and gather up those members of the GOP who were increasingly uncomfortable with the party but not inclined to join the Democrats.

Here in Indiana, I knew several former Republicans who were trying to make the Libertarian Party the logical alternative–to appeal to Republicans whose “small government” rhetoric was genuine– not of the “keep government out of my boardroom but not out of my bedroom” variety–and whose anti-welfare beliefs encompassed crony capitalists as well as impoverished single mothers.

It didn’t work then, because the base of the Libertarian Party was in-your-face pro-gun and anti-drug-war. (Today, ironically, most Americans probably agree about the drug war.) Any softening of those positions would have led to a wholesale abandonment by the party’s base–but a failure to move even a bit toward more “mainstream” positions frightened off the disaffected GOP prospects.

This is probably not the Libertarian moment, either. We are seeing too many examples of what happens when government is neutered, or wholly-owned by private interests. (The water in Flint, the crumbling infrastructure in Indiana, etc. etc.) If the pendulum is swinging, it’s probably swinging in the other direction.

But the great virtue of libertarianism as a philosophy is that it forces us to ask an all-important question: what should government do? What is the role of the state?

Just as there are things that–I would argue–government must do, there are things that government should not do, decisions that government should not make. Think how refreshing it would be to have those discussions, those debates–free of the propaganda, self-dealing and hypocrisy that characterize (and attempt to mask) today’s efforts to gain power and advantage.

It’s an intriguing thought.

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Why Prisons Should Never Be Privatized

There are some things that government–not the private sector–simply must do.

As I have written many times before, whether it makes sense to “contract out” the provision of government services is not an either-or question. The decision will depend upon a number of considerations: is this a core government responsibility? is it important to maintain institutional competence? does the government agency have the ability to adequately monitor contractors?

And especially–what are the negative consequences we might anticipate from a decision to grant governmental authority to private, for-profit enterprises?

The Justice Policy Institute has just released a report confirming a major concern voiced by critics of private prisons: the likelihood that those who profit from incarceration will lobby for harsher criminal justice penalties and seek to derail needed justice system reforms.

According to the report,  private prison companies actively engage in lobbying intended to protect and grow their profits, by working for harsh policies and longer sentences.

The authors report that while the total number of people in prison increased less than 16 percent, the number of people held in private federal and state facilities increased by 120 and 33 percent, respectively. As ThinkProgress reports,

Government spending on corrections has soared since 1997 by 72 percent, up to $74 billion in 2007. And the private prison industry has raked in tremendous profits. Last year the two largest private prison companies — Corrections Corporation of America (CCA) and GEO Group — made over $2.9 billion in revenue.

JPI claims the private industry hasn’t merely responded to the nation’s incarceration woes, it has actively sought to create the market conditions (ie. more prisoners) necessary to expand its business.

According to JPI, the private prison industry uses three strategies to influence public policy: lobbying, direct campaign contributions, and networking. The three main companies have contributed $835,514 to federal candidates and over $6 million to state politicians. They have also spent hundreds of thousands of dollars on direct lobbying efforts. CCA has spent over $900,000 on federal lobbying and GEO spent anywhere from $120,000 to $199,992 in Florida alone during a short three-month span this year. Meanwhile, “the relationship between government officials and private prison companies has been part of the fabric of the industry from the start,” notes the report. The cofounder of CCA himself used to be the chairman of the Tennessee Republican Party.

One of the primary reasons governments exist is to provide for the public safety. Decisions about the most effective ways to accomplish that should be made on the basis of evidence, by disinterested policymakers carefully considering what the research tells us about the efficacy of various approaches.

The private prison industry is spending millions of dollars opposing efforts to reform the nation’s drug laws–reforms based upon years of research demonstrating that the Drug War has been a costly failure, and that imprisoning thousands of low-level offenders has been counter-productive.

Americans spend millions of dollars on the criminal justice system. Those dollars are supposed to make us safer–not make private interests richer.

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“Strict Constructionists” and the Supreme Court Vacancy

I’ve posted previously about the absolutely stunning refusal of the Senate GOP leadership to do its job and hold hearings on President Obama’s nominee for the vacant Supreme Court seat.

I know I’m being repetitive, but I can’t stop thinking about the degree to which that intransigence symbolizes an ominous breakdown of governance in this country.

It isn’t that we haven’t gone through dangerous times before. We had a civil war, and the 60s certainly weren’t all Woodstock. The Gilded Age, the Depression–we can all come up with examples from history. (Or maybe not, since so few people seem to have studied history–but the examples are there.) What I don’t remember is a similar degree of hypocrisy and flat-out lying by people in public office who are so transparently following their own immediate self-interest to the detriment of their constitutional duty and the common good.

These are the people who constantly tell us how devoted they are to the Constitution–at the same time they are refusing to follow its prescriptions. These are the people who piously invoke tradition, then lie about the history of Supreme Court appointments during election years. (Not to mention plucking and parroting a single sentence from a speech by then-Senator Biden–a speech that in its totality said something very different than their chosen sound-bite would suggest.)

These are the people who accuse the President of being “divisive” when he discharges his clear duty under the Constitution–at the same time that they are politicizing the Court by refusing to discharge theirs.

Do they think no one notices? Worse, is it possible that they’re right, and most people don’t?

In a scathing column in the Huffington Post, constitutional scholar Geoffrey Stone was blunt:

It is time for the Senate Republicans to back off and to act like responsible grownups who recognize that they have a solemn obligation to act according to the rule of law. If they don’t like that, then perhaps they should just resign their positions and let the nation get on with its business. If they move forward with their cynical and hypocritical plan, they will be guilty of a coup d’état of epic proportions.

How did we get to this point? How did these people get elected? What toxic mix of civic ignorance and apathy, political money, gerrymandering and raw racism has brought us to a place where a fascist buffoon is likely to be the Presidential candidate of a major party, and the legislative leadership of that party insists on elevating its partisan interests above the both the law and the national good?

How did a once-great party become so small, and how did the rest of us allow it to happen? And what does this unprecedented obstruction mean for the future of the American experiment?

I don’t know about the rest of you, but those are the questions that are keeping me up at night.

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Pence’s ‘Rap Sheet’

Yesterday’s quiz was evidently a big hit, so I thought I’d try another one. For this one, however, Hoosiers will have a big advantage.

The fact that I am no fan of Indiana Governor Mike Pence will hardly come as a surprise to readers of this blog. (I have this old-fashioned notion that people running for political office should have an interest in governing and an acquaintance with the Constitution….).

If my Facebook feed is any indication, I have a lot of company. The other day, I came across several posts identifying the various reasons Pence does not deserve re-election, and I thought it might be interesting to compile them into what I will call the Governor’s “rap sheet.”

Here, in no particular order, are the grievances I noted:

  •  In 2012, Glenda Ritz was elected Superintendent of Public Instruction with more votes than Pence received. Subsequently, the Governor has done everything in his power to obstruct Ritz, to eviscerate her authority, and (not so incidentally), to make war on public education in Indiana, by–among other things–diverting desperately needed resources to the most extensive voucher program in the country.
  • When citizens posted objections to the Governor’s priorities to his Facebook site, the negative comments mysteriously disappeared.
  •  RFRA (need I elaborate?) This bit of homophobia has cost the Indiana economy millions and has made “Hoosier Hospitality” a punch line.
  • Pence and his legislative super-majority have waged a sustained attack on women’s right to choose, and on Planned Parenthood. Tax dollars have been diverted to “pro-life” organizations, and Indiana recently passed the most draconian and offensive anti-abortion bill in the country.
  • There was the ill-fated effort to create Indiana’s very own Pravda
  • The Pence administration has been an enthusiastic supporter of  “privatized prisons.”
  • The Governor ignored the drug and HIV/AIDS epidemic in Scott County until it was a full-blown crisis, and even then was unwilling to respond with a comprehensive approach.
  • He refused to apply for a federal grant that would have supported pre-school expansion for low-income children.
  • He refused to expand Medicaid under the terms of the Affordable Care Act, despite the fact that the federal government would have paid the entire cost for 3 years and 90% thereafter; his substitute program–which became effective after a significant  delay–provides more limited healthcare to fewer Hoosiers than would otherwise have been the case.
  • He has directed Indiana’s Attorney General to spend time and money on a number of lost-cause cases: anti-LGBT efforts, resistance to environmental regulations; to rejecting refugees.

So here’s the quiz question: What have I missed?

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