Increasingly, the most trenchant commentary on what passes for a political landscape these days comes from avowed comedians–especially satirists like Jon Stewart and Stephen Colbert. (Satire is really hard these days, what with walking self-satirists like Sarah Palin, Louie Gohmert, et. al. I find myself looking at headlines and saying “Surely that’s from the Onion…)
When the Federalist Society is issuing dire predictions about a policy choice, I perk up. (If the Federalist Society is against something, it’s safe to assume I’ll probably approve of it.) And sure enough, it seems that amid the various disasters of the recently-concluded midterm elections, California voters did something sensible: they overwhelmingly passed Proposition 47.
Prop 47, officially named The Safe Neighborhoods and Schools Act of 2014, changes sentencing for certain low-level, nonviolent crimes including simple drug possession and petty theft. It also permits people who are currently incarcerated for such offenses to apply for resentencing.
Unsurprisingly, private prison operators, their political cronies, and the more punitive elements of the law enforcement establishment are predicting the End of Western Civilization as We Know It.
Financial savings are projected to be in the hundreds of millions—and those savings (largely but not entirely from reduced prison populations–hence the hysteria from the private prison folks) would be diverted into mental health and drug treatment programs, K–12 schools, and to compensate crime victims.
Americans may be beginning to come to their senses, at least where crime and punishment are concerned.
Ed Brayton notes that a broad coalition of liberal, conservative and libertarian political leaders has concluded that the tough-on-crime policies of recent decades are both costly and counterproductive.
In that view, widespread drug arrests and severe mandatory sentences are doing more to damage poor communities, especially African-American ones, than to prevent crime, and building ever more prisons that mostly turn out repeat offenders is a bad investment…
According to the LA Times, the greatest effect of Proposition 47 will be in drug possession cases. California now becomes the first state in the nation to downgrade those cases from felonies to misdemeanors.
Little by little, albeit at a painfully slow pace, Americans are addressing the nation’s real addiction– to its failed and disastrous Drug War. Measures to decriminalize marijuana in several states, and now California’s tacit recognition of prohibition’s folly, signal a tardy recognition of the damage done by a counterproductive “war” that has ruined far more lives than marijuana ever could.
A little bit of sanity for a crazy time. I’ll take it.
When Bill Clinton ran for President, James Carville famously posted a large sign in the campaign’s “war room.” The sign read: “It’s the economy, stupid!” Carville wanted to remind his candidate and those working for him to keep their focus where he felt it belonged– on the economy.
Fast forward to the escalating debates over American inequality, the diminishing numbers of people who can be categorized as middle class, and the widening gap between wealthy Americans and everyone else. As Ryan Cooper noted in a recent article in The Week, progressives arguing for measures to reduce that gap have forgotten Carville’s lesson, and in the process have neglected the most potent argument for those measures.
That argument is the economy.
As Cooper notes,
“A growing body of evidence suggests that inequality isn’t just an issue of fairness, but is actually hampering general prosperity. And that, in turn, ought to have enormous knock-on political effects.
Modern economic systems depend upon consumption. Many of us are less than enthusiastic about that undeniable fact, and there is certainly much to criticize in consumer culture. But in the system we inhabit, consumer demand is a critical element of economic health. When millions of people are making poverty wages, demand suffers.
When the great majority of people have very little disposable income, there is no mass market. No matter how entrepreneurial a given individual may be, s/he is unlikely to start a business—or get financing to start a business—if the success of that business will be dependent upon mass sales.
It’s not just new business starts, either; when consumers aren’t spending, existing businesses aren’t likely to invest and grow, and they are equally unlikely to be “job creators” hiring more workers.
When debates about growing inequality are framed as issues of fairness (compelling as some of us may find such arguments), we fail to deploy the most effective weapon at our disposal—the fact that the current policies intended to privilege supposed “makers” aren’t just harming those who are scorned as “takers.” They are actually harming us all, “makers” included, by depressing demand and retarding economic growth.
When I was in law school, by far the most valuable lesson I learned was “he who frames the issue wins the debate.”
Take the current debate over raising the minimum wage.
When we argue for raising the minimum wage only on fairness grounds, the typical response is that higher wages will depress job creation. Even though available evidence convincingly rebuts this, it is a widely accepted meme because it seems so self-evident; indeed, it would be true if all else were equal. (In real economic life, it turns out that all else isn’t equal–who knew?) If, however, we frame the argument for a higher minimum wage as an argument for a more robust economy benefitting everyone—an argument that has the added merit of being demonstrably true—we win.
As James Carville reminded us: It’s the economy, stupid!
File this one under there’s a right way and a wrong way to get to a desirable result.
A federal district court in Oregon has declared Secular Humanism a religion, paving the way for the non-theistic community to obtain the same legal rights as groups such as Christianity.
ThinkProgress quoted Harvard’s Humanist Chaplain on the decision. “I really don’t care if Humanism is called a religion or not, but if you’re going to give special rights to religions, then you have to give them to Humanism as well, and I think that’s what this case was about.”
I agree that Humanism deserves equal status with religion under the law. But the First Amendment requires neutrality; it doesn’t simply require equal treatment of religions, it forbids government from privileging religion over non-religion.
Here’s the danger I see in achieving parity by labeling humanism as just another religion: for years, religious literalists have pushed for “equal treatment” in science classes, arguing that secular humanism is a religion, that it is being privileged, that fundamentalist Christianity should be entitled to “equal time,” and so creationism should be taught in science classes. Up until this point, federal courts have refused to take that bait, properly noting that secularism is the absence of religion, and that it would be improper to teach religion in public school science classes.
Science is not a matter of faith, or belief. It is a method, an approach to determining the nature of empirical reality. Science cannot explain everything–it is limited to areas that can be falsified–and there are multiple aspects of human existence where faith or ideology has a role to play. But drawing that line between matters of fact and opinion is only muddled by confusing a non-theist philosophy with religion. (I know there are non-theistic religions, but in those cases–Buddhism, etc.–their adherents claim the label.)
Courts struggled with the definition of religion in cases involving conscientious objectors, but finally recognized that sincere pacifism should entitle someone to claim that status whether or not that pacifism stems from a “recognized” (established?) religion or not. Similarly, the Oregon court could have–should have–found Humanists entitled to equal treatment for purposes of the prison program at issue under well-settled Establishment law principles.
I hope I’m wrong, but this “win” has the potential to be a real loss. How you get to a result is every bit as important as the result itself. Sometimes more so.
There are lots of suggestions for changing the way we Americans conduct elections.
We debate nonpartisan commissions to replace partisan redistricting (gerrymandering), making election day a holiday, changing to a vote-by-mail system (Oregon votes by mail and the turnout in Oregon last Tuesday was over 69%), eliminating the Electoral College, and efforts to get big money out of politics, starting with a Constitutional amendment reversing Citizens United. All of these, and many other suggested changes, have their merits.
In a New York Times op-ed written before the midterms, a Duke University professor and one of his students make the case for eliminating the midterms entirely, and extending Congressional terms to four years from the current two. They begin by pointing out that barely 40 percent of the electorate will bother to vote, “even though candidates, advocacy groups and shadowy “super PACs” will have spent more than $1 billion to air more than two million ads to influence the election.”
There are few offices, at any level of government, with two-year terms. Here in Durham, we elect members of the school board and the county sheriff to terms that are double that length. Moreover, Twitter, ubiquitous video cameras, 24-hour cable news and a host of other technologies provide a level of hyper-accountability the framers could not possibly have imagined. In the modern age, we do not need an election every two years to communicate voters’ desires to their elected officials.
Agreed. The op-ed authors make several other arguments, all persuasive, and the piece is worth reading in its entirety. But the bottom line is that the people who win these off-year elections will immediately begin fundraising for the next election cycle. No time to breathe, let alone time to consider issues of actual governance. Just dialing for dollars, and not-so-incidentally trying not to do anything that will piss off big money donors.
Many of the reforms being debated should be implemented. This is one of them.
