Ah..Those Laboratories of Democracy…

When I introduce students to America’s constitutional architecture, I sometimes begin by asking them to define federalism. Judging from the blank stares and efforts to avoid being called on, I think it’s fair to say that our federalist system is not widely understood.

That’s too bad, because one of the policy debates we should be having–but aren’t–is how such a system should operate in a time when transportation and communication technologies have changed the way we view state lines. What sorts of rules and policies need to be national in scope, and which are best left to state and local government?

However we answer that question, one important role that states will undoubtedly continue to play is in the development of new approaches to governing.

Justice Louis Brandeis famously referred to the states as “laboratories of democracy;” the idea was that state governments would try new ideas and programs, acting as “pilot projects,” that would allow the rest of the country to evaluate the merits of those approaches before adopting them.

Inevitably, some will be cautionary tales, and pre-eminent in that category is Kansas or, as Charles Pierce calls it,

the failed state of Kansas, now in the fifth year of the Brownbackian Dark Ages, as such things are reckoned. Somehow, the fact that Kansas’ status as a supply-side lab rat has dropped the state down a political garbage chute the likes of which hasn’t been seen since they shredded the Articles of Confederation is beginning to seep under the guardhouses of the gated communities. The head of a healthcare company is fleeing to the Missouri border and he’s not shy about telling the world why.

The blistering indictment of Brownback’s Kansas by that company’s CEO is illuminating; noting that Kansas has become a test center of “trickle down” economics, he pointed out that those policies have led to a “dramatic failure of government.”

Brownback implemented unprecedented tax cuts in 2012. The largest cuts were in the highest tax brackets, and Brownback promised that they would provide a “shot of adrenaline” for the Kansas economy. They actually had the opposite effect, with Kansas lagging neighboring states in job growth and missing revenue targets in 11 of the past 12 months. In the face of ever-deeper debt and another round of degraded bond ratings, Brownback has asked his citizens to pray and fast to solve the budget crisis.

That should turn things around. Not.

It is tempting to look at the hot mess that is Kansas and feel better about Indiana. And granted, our fiscal problems–while substantial– are less severe. But our Governor has  generated his own cautionary tales.

Take, for just one example, his attack on public education and his fervent support of school vouchers. Indiana now has the largest voucher program in the country–and some of the most consistently under-resourced public schools. The public justification for expanding the voucher program is that allowing parents to choose private schools will improve education, at least as measured by test scores. (Given the percentage of families using those vouchers at religious schools, however, it is likely that the Governor’s preference for church over state– his consistent effort to bolster religious institutions and practices– is implicated.)

So how has Indiana’s “laboratory experiment” been working out? Not so well.

Recent research on statewide voucher programs in Louisiana and Indiana has found that public school students that received vouchers to attend private schools subsequently scored lower on reading and math tests compared to similar students that remained in public schools. The magnitudes of the negative impacts were large. These studies used rigorous research designs that allow for strong causal conclusions. And they showed that the results were not explained by the particular tests that were used or the possibility that students receiving vouchers transferred out of above-average public schools.

Perhaps Governor Pence can call for a day of prayer and fasting to raise the test scores of those voucher students. In the meantime, other states can be grateful for a federalist system that lets them learn from–and avoid– others’ disasters.

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The Crux of the Problem: The Party’s Over

I’ve never been a particular fan of Thomas Friedman, the New York Times columnist. Not that I’ve necessarily disagreed with his opinion pieces, I’ve simply found them a bit too self-consciously measured (and occasionally pompous). Among Times columnists, I tend to prefer the wit of Gail Collins or the red meat of Paul Krugman. If I want thoughtful and measured, I choose David Brooks.

But this time, Friedman has hit a home run.

If a party could declare moral bankruptcy, today’s Republican Party would be in Chapter 11.

This party needs to just shut itself down and start over — now. Seriously, someone please start a New Republican Party!

America needs a healthy two-party system. America needs a healthy center-right party to ensure that the Democrats remain a healthy center-left party. America needs a center-right party ready to offer market-based solutions to issues like climate change. America needs a center-right party that will support common-sense gun laws. America needs a center-right party that will support common-sense fiscal policy. America needs a center-right party to support both free trade and aid to workers impacted by it. America needs a center-right party that appreciates how much more complicated foreign policy is today, when you have to manage weak and collapsing nations, not just muscle strong ones.

But this Republican Party is none of those things. Today’s G.O.P. is to governing what Trump University is to education — an ethically challenged enterprise that enriches and perpetuates itself by shedding all pretense of standing for real principles, or a truly relevant value proposition, and instead plays on the ignorance and fears of the public.

I completely agree that America needs a healthy two-party system.

I leave it to political scientists more informed than I am to debate the relative merits of a parliamentary system and our two-party system. Whatever the conclusion, however, we have what we have. Our two-party system is institutionalized, our civic culture is accustomed to and embedded within it.

Because that is so, the intellectual and moral maturity of the two parties is supremely important. The ability of those parties to conduct adult, responsible arguments about the issues of the day is what allows the American enterprise to advance, to adapt to changing realities and to avoid the excesses that have taken down other dominant regimes. When either party becomes corrupt, or childish, or co-opted by special interests, our system doesn’t work.

I’m not Pollyanna; even when the system is working, both parties provide citizens plenty to criticize. Disfunction is a matter of degrees.

I was an active Republican for 35 years. The party I worked for, the party I belonged to and supported, no longer exists. I left in 2000, and I’ve subsequently watched the deterioration of a once-responsible political party from the sidelines. I’ve watched as the Republican friends I worked with “back in the day” have become discouraged, and then appalled, as a party that had usually nominated thoughtful and substantive candidates devolved into a circus, a party in which Sarah Palin and Donald Trump and their like are embraced by an angry and bigoted base.

The GOP’s devolution may be good for Democrats’ immediate electoral prospects, but in the long run, it isn’t good for either the Democratic party or the country.

Friedman concludes that the existing GOP cannot be salvaged–that America needs a new center-Right party.

This is such a pivotal moment; the world we shaped after W.W. II is going wobbly. This is a time for America to be at its best, defending its best values, which are now under assault in so many places — pluralism, immigration, democracy, trade, the rule of law and the virtue of open societies. Trump will never be a credible messenger, or a messenger at all, for those values. A New Republican Party can be.

Friedman says: if you build it, they will come.

But who will build it, and who are the “they” who will come?

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Who’s Driving?

“Who’s driving?” is actually a very scary question.

The New Republic recently ran a first-person account of a Trump rally, written by a creative writing professor who attended out of curiosity. His report on the event–what he heard from attendees and from those hawking paraphernalia–was deeply disturbing, and gave rise to a “chicken and egg” question: Did The Donald create the angry, mean-spirited crowd at that rally? Or did their seething hostility to the various “others” who are his targets create an opening for Trump or someone like him?

This campaign, whose success has long been attributed to the forgotten working and middle classes, the so-called Silent Majority, has been, and always will be, an unholy alliance between the Hateful and the Privileged, the former always on a never-ending search for new venues for their poison and the latter enjoying, for the first time since Reagan’s ’80s, an opportunity to get out and step on some necks in public.

I considered the odd pairing and its implications as I left the lot and turned onto Coliseum Boulevard. Trump can be defeated, and most likely he will be, but elections cannot cure this disease. It’s always been here and perhaps it always will be. Trump’s narcissistic quest to “Make America Great Again” has only drawn the insects to the surface, and there’s plenty of room to wonder whether he’s driving the movement or if it’s driving him.

It is sobering and very depressing to realize that a substantial percentage of Americans reject what really does make America great: our willingness to treat our neighbors as valued fellow-citizens, whether or not they look, pray or love the same way we do. Diversity, inclusion, civic equality….those are the aspects of American culture that most of us (or so I hope) value and embrace.

Of course, America’s commitment to inclusion and equality has always been as fragile as it is laudable.

If you  click through and read Professor Sexton’s article–fittingly titled “American Horror Story”–you enter an America very different from the “can do” nation that has long taken pride in welcoming “your tired, your poor, your huddled masses yearning to breathe free.” The people cheering for Trump aren’t welcoming huddled masses, and they aren’t looking for solutions to America’s problems; they are looking for someone to blame for whatever has gone wrong in their lives.

Trump’s supporters are attracted to his nativism and bluster, his ability to reassure them that whatever “it” is, it isn’t their fault. His appeal lies in his ability to focus their discontents and direct their animosities outward: toward Mexicans or Muslims or women or immigrants. His supporters find his utter ignorance reassuring–there’s no need to know all that mumbo-jumbo about policy and the Constitution and how government works. Just know how to wheel and deal and screw the other guy.

If the nature of his appeal is obvious, the number of voters who will respond to that appeal is not. Less obvious still is an answer to the question posed by the shaken professor who attended the rally: is Trump a cause or an effect? Is he driving this current “know nothing” eruption, or has an increase in nativism and resentment created Trumpism?

And most worrisome of all: how widespread is the Trumpian conviction that making America “great” requires making Americans white and Christian?

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Polling and Gerrymandering

A couple of days ago, I ran across one of those proliferating “wow, look what Trump is doing to the GOP” polls. It showed Clinton crushing Trump, the Senate going Democratic, and in the House, “generic Democrats” beating “generic Republicans” by 11 points.

The problem is, those “generic” preferences are meaningless. In the last House elections, Democrats nationally received a million more votes than Republicans. Have you noticed who controls the U.S. House of Representatives–by a very healthy margin? Republicans.

There are two reasons national generic preferences are irrelevant. The most obvious is that in individual congressional districts, voters do not have a choice between Generic Candidate A and Generic Candidate B. They are faced with real people, some of whom are appealing and some of whom are appalling, and party doesn’t predict those characteristics.

There is also a reason that voters face lopsided choices, or in some cases, no choice at all, and that reason is gerrymandering–partisan redistricting intended to make districts “safe,” aka uncompetitive.

As I have argued previously, this lack of competitiveness breeds voter apathy and reduced political participation. Why get involved when the result is foreordained? Why donate to a sure loser? For that matter, unless you are trying to buy political influence for some reason, why donate to a sure winner? Why volunteer or vote, when those efforts are clearly irrelevant?

It isn’t only voters who lack incentives for participation: it’s very difficult to recruit credible candidates to run on the ticket of the “sure loser” party. The result is that in many of these races, voters are left with a choice between the incumbent and a marginal candidate recruited to fill the slot, a placeholder who offers no new ideas, no energy, and no genuine challenge. In other safe districts, there is no challenger at all; in either case, the primary is the real election. Such contests simply exacerbate cynicism and voter apathy.

Here in Indiana, a legislative study committee has been convened to consider the possibility of changing the way our legislators draw district boundaries. As one legislator noted during the last public meeting, the current system, which allows representatives to choose their voters rather than the other way around, is a clear conflict of interest. Several states have established nonpartisan redistricting commissions, and others are considering similar reforms.

Study committees tend to be places where legislation goes to die. In this case, citizen turnout at Study Committee meetings and pressure from large numbers of citizens–mostly mobilized by the League of Women Voters and Common Cause–has given us hope that we can actually get something done. The next meeting of the Interim Study Committee will be July 7th at 1:00 in the afternoon in the Indiana Statehouse. If there is once again a robust turnout from members of the public, that will send a very important message to legislators who want to hang on to a status quo that benefits them.

If you can attend, I hope you will.

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It Really is All or None….

At its most basic, government is a mechanism for living together. Politics, as the old saying goes, is war without the weapons–the process of mediating the demands of various interest groups and constituencies. Some governments are expressly established to privilege members of certain groups over others; America’s legal system, in contrast, is based upon a belief that people should be treated as individuals–that government should treat its citizens based upon their behavior, rather than their identity.

Being true to that ideal has always been a struggle; there have always been Americans who want to single out others as “less” not because those individuals have behaved badly, but simply by virtue of their race, religion, gender or sexual orientation. That–as Paul Ryan recently noted–is the textbook definition of bigotry.

In the Age of Trump, those voices of bigotry are in danger of being legitimized. They are certainly being amplified.

From Talking Points Memo, we learn that

The same Republicans who have argued that gay couples should not be allowed to marry, that LGBT Americans don’t need federal anti-discrimination protections and that trans people should not use the bathroom that matches their identity are now claiming that they — not Democrats — are the party on the LGBT community’s side.

Their reasoning? That somehow, in the wake of the Orlando shooting at a gay night club that left 49 people dead, there’s now a mutually exclusive choice between supporting Muslims and protecting gay people, and Democrats have chosen the former.

The unlovely premise of that rationale is that all Muslims are terrorists, as one Republican congressman has baldly stated.

It is hard to think of anything more un-American–or more dangerous– than treating any group of people as a monolithic whole. The truth of the matter is that–idealism and fundamental fairness aside–no one in any group is safe in a society that allows government to pick and choose which identities are to be privileged and which marginalized and demeaned.

The effort to set one marginalized group against another is particularly despicable, although politically understandable. (You guys go fight each other and don’t pay any attention to the fact that we “real Americans” are running the show.)

Fortunately, the LGBT community understands–and rejects–the tactic.  An essay titled “We Are Strong, but We Are Not Okay” posted in the wake of the Orlando massacre, included this paragraph:

We are not okay when you criminalize the Muslim community because of the actions of one evil man. We have been the Muslim community: hated, feared, misunderstood. Questioned, berated, threatened, afraid to show our faces. Why would we condone treating an entire community as poorly as ours has been treated in the past, and in many scenarios, still is? When you come for one minority, you come for us all.

Treating citizens as individuals, refusing to discriminate on the basis of group identity, is a central premise of this nation’s approach to government. An attack on that premise is an attack on America.

Unfortunately, that’s a lesson we keep having to learn.

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