The Root of the Problem

Paul Volcker is a longtime, widely respected public servant. Most of us know of him through his service as head of the Federal Reserve, but his interest in good government is wider than fiscal policy. That interest has led him to create a new organization–the Volcker Alliance. This new initiative has grown out of what is described as Volcker’s deep concern about public mistrust of government, partisan polarization, and the low level of status/prestige associated with career public service in the United States.

I share his concerns. And I hope that the Volcker Alliance will focus upon the roots of the problem.

Any reader of this blog can probably guess what my analysis of our current situation is.  I am absolutely convinced that public administration practice–the daily decisions of the elected and appointed people who run government at all levels– take place in a culture that has been shaped by  American constitutional, legal, and political values.  Public decisions and actions must be seen as consistent with those values in order for citizens to  trust them.

One of the reasons I am so concerned (okay, maybe obsessed) about civic literacy is that I firmly believe the electorate must be sufficiently knowledgable about our national principles/values to make accurate judgments about their elected officials’ compliance with them.

Our constitutional values create the framework for moral decision-making in the public sector. Public confidence that policymakers are guided by them is an essential element of perceived legitimacy–and the electorate’s belief in the legitimacy of governing institutions is a precondition to the ability of public managers to govern at all.

I teach at a school of public affairs, so I obviously believe in that it is important for our public administrators to have the requisite skills to implement chosen policies. But even the most able technocrat can’t function properly without legitimacy: public acceptance of his role and his right to exercise authority.

If I am correct about that (and there is a good deal of scholarship suggesting that I am) then the widespread belief that public officials are just beneficiaries of political gamesmanship–gerrymandering, vote suppression, etc.–is corrosive of the public’s confidence and undermines the public manager’s ability to do her job.

Let me suggest a somewhat weird analogy.

In Florence, Italy, in one of that city’s many museums, there is a famous marble statue of two men wrestling. One of them has his hands around the testicles of the other, and ever since we first saw  it, my husband has always referred to it as the  ”fight fair, dammit” statue.

A functioning democracy depends on the citizenry’s confidence that the “fight” was fair.  The idea is that we contend in the public arena for the support of the voters; we make our respective cases, our voices are heard and our arguments considered, and citizens choose whom they prefer in a fair election, after which, we come together and work with the people the voters freely chose.

If the election wasn’t fair–if boatloads of special-interest money drowned out the voices of certain candidates, if one party or the other abused the redistricting process, or gamed the system to dissuade some constituencies from voting–the winners cannot expect the losers to cheerfully abide by the results. People who use these tactics may win elections, but they lose legitimacy and the public trust.

If we want to restore public trust in our government, we need to fight fair, dammit.

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It’s Only a Theory! Or Texas Idiocy Strikes Again….

Well, I see that the crackpot members of the Texas Board of Education are at it again.

Gee, it seems like only yesterday that a previous panel removed Thomas Jefferson from several of the state history standards, and substituted Thomas Aquinas. (Because Aquinas was so integral to development of the Declaration of Independence and the Constitution…)

Of course the real target of these doofuses has been and continues to be science, especially evolution. In 2007, Rick Perry appointed a young earth creationist to chair the Texas Board, and in 2009, science standards were considerably weakened. Efforts to substitute fundamentalist biblical beliefs for science have continued, with some setbacks (in 2011, creationists tried to get religious “supplemental materials” offered in Texas science classes, but were unsuccessful.)

But of course, they’re back. This time, the Board has asked “experts” (i.e. creationists) to weigh in on the merits of high school biology textbooks. My favorite response:

“I understand the National Academy of Science’s strong support of the theory of evolution. At the same time, this is just a theory. As an educator, parent and grandparent, I feel very firmly that ‘creation science’ based upon biblical principles should be incorporated into every Biology book that is up for adoption.”

Ignore, for the moment, the fact that every court that has considered the issue has ruled that ‘creation science’ isn’t science; it’s religion, and religion cannot constitutionally be taught in public school science classes.

No, what drives me bonkers is the incredible ignorance shown by the repeated accusation that evolution is “just a theory.”

In normal conversation, we use the term theory to mean “an educated guess.” But in science, the word has a very different meaning; a scientific theory is anything but a guess. The scientific method involves summarizing a group of hypotheses that have been successfully and repeatedly tested. Once enough empirical evidence accumulates to support those hypotheses, a theory is developed that can explain that particular phenomenon. Scientific theories begin with and are based on careful examination of observed–and observable– facts.

Furthermore–unlike religious dogma–scientific theories are always open to revision based upon new observations or newly discovered facts. That process is called falsification.

Falsification is an essential characteristic of a scientific hypothesis or theory. Basically, a falsifiable assertion is one that can be empirically refuted or disproved. Falsifiability means that the hypothesis or theory is testable by empirical experiment. Merely because something is “falsifiable” does not mean it is false; rather it means that if it is false, then observation or experiment will at some point demonstrate its falsity.  Many things may be true, or generally accepted as true, without being falsifiable. Observing that a woman or a sunset is beautiful, asserting that you feel sad, declaring that you are in love and similar statements may be true or not, but they aren’t science, because they can be neither empirically proved nor disproved. Similarly, God may exist, but that existence is not falsifiable—God cannot be dragged into a laboratory and tested. One either believes in His (or Her) existence or not. That’s why religious belief is called faith.

If something isn’t falsifiable, it isn’t science.

Appointing people who don’t even know what science is to review science textbooks is a foolproof way to tell the rest of the world that yours is a state of fools–and a guarantee that your educational system will be hard pressed to maintain its current (abysmal) rank of 45th among the states.

Do you suppose Mexico would take these yahoos back?

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Longing for a Little Competence

Back in “the day,” Bill Hudnut used to make speeches about the importance of being a city that worked. The basic message was simple: we can’t do the big things if we can’t get the day-to-day mechanics right. The first order of business for any public manager is to ensure that public services are being delivered properly and the public’s business is being handled prudently.

If Bill was right–and I believe he was–then all I can say is “Houston, We Have a Problem.”

According to news reports, Mayor Ballard and 100 “city leaders” are leaving on a trade mission to Germany.  And the City is putting together another SuperBowl bid.  (Let’s just ignore that 6 million dollar cricket field…) Big things, check.

But how are we doing with the humdrum everyday stuff? How is that “city that works” thing going?

Is the public’s business being handled properly?  Paul Ogden has the truly jaw-dropping details of a lease between the City and a  campaign contributor for an uninhabitable  Regional Operations Center that wouldn’t pass the smell test of a first-year law student. I spent 17 years practicing real estate law, and I have never seen anything remotely that egregious.  Either the lease was the result of corruption, or it was negotiated by the most incompetent lawyer in central Indiana. Either way, it represented a colossal waste of ever-more-scarce tax dollars.

How about those public services? My commute from my home in downtown Indianapolis to IUPUI is about a mile and a half. Usually, it takes 5-8 minutes, depending upon the time of day. But for the past several weeks, it has taken nearly half an hour. Traffic has been bumper to bumper, thanks to poorly managed street repair projects and (evidently unregulated and unsupervised) private construction that has brought traffic on some of our busiest downtown streets to a virtual standstill. Some  congestion is obviously inescapable, but it is clear that much of it is a result of poor–or nonexistent–management. The resulting mess increases drive time, air pollution and frayed nerves.

The city isn’t the only inept manager of local construction projects, of course.  The state has closed I65 and the downtown split, in order to raise bridges that keep getting damaged because trucks keep hitting them. Barely ten years ago, the much-ballyhood “Hyperfix”  shut down those same portions of the interstates, so that multiple repairs could be made. For reasons that have never been explained, the Hyperfix project didn’t include work to raise the bridges–and this isn’t a new problem.

What’s the old saying? There’s never time to do it right, but always time to do it over?

Managing curb and sidewalk construction, ensuring that highways are safe, vetting contracts to ensure that taxpayers aren’t getting ripped off–these and many other municipal tasks aren’t glamorous. But they’re necessary and important. They are essential elements of a city that works.

You’ve gotta drive to the airport if you’re going to fly to exotic places on that junket. The fifteen people in Indy who play cricket need to drive to the game.

And eventually, if you keep flushing tax dollars down friends’ toilets, there won’t be any left.

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Creating a Public

One of the reasons many of us believe so passionately in public education is that it is–in the words of political scientist Benjamin Barber–“constitutive of a public.” In other words, in addition to teaching children English, math, science, history and other subjects, public schools are intended to create a generation of citizens. 

Of course, if the sole purpose of schooling is to arm children with the skills needed to obtain employment and be knowledgable consumers–as many people evidently think–there’s no reason education need be public.

We need to recognize the profound difference between these views of schooling  as we debate various reform measures. And let’s be honest: reform is badly needed. No honest person, looking at the sad state of schools in urban and rural areas alike, can defend the status quo. But all reforms–and all reformers–are not equal.

A great fear of those of us who see schools as more than job training venues is that rather than focusing our efforts on fixing our broken public systems, we will follow those who want to privatize and abandon them. It is important to note here that there is a huge difference between charter schools–which are public schools–and voucher programs that divert public resources to support private and religious schools. (It is probably also important to note that–at least thus far–neither category has been shown to be reliably better academically than our beleaguered public schools. If there’s a magic bullet, no one has yet found it. )

What is the civic function we expect public schools to play? What does it mean to “create citizens”? Civic knowledge is certainly an important element; so is civic participation.

A colleague brought an intriguing recent study to my attention that sheds some light on the latter criterion; it was done by the Paul B. Henry Institute for the Study of Christianity and Politics at Calvin College, a religiously-affiliated institution.

The researchers found that Protestant religious schools produced students who volunteered as young adults, that Catholic schools had a more modest effect on later volunteerism, and that home-schooled students and those who attended private, non-religious schools were the least likely to volunteer as adults. (Evidently, no Jewish or Muslim schools were included in the study.)

Of course, volunteerism, while highly desirable, is not equivalent to involved citizenship. One of the thorniest problems we currently face is that many  young people want to make a difference, but are repelled by activities they deem to be “political.” Rather than involve themselves in citizenship activities, they channel their contributions to their communities through nonprofits and other voluntary associations. And like philanthropy, a significant amount of such volunteer activity is religious: support for one’s church,  religious missions and the like.

The study didn’t report the nature of the volunteer activities they found. But while Protestant religious schools evidently inculcated a degree of what we might call public-spiritedness, it is telling that home-schooled and private schooled students were unlikely to participate in any volunteer activities, civic or religious, even after controlling for such things as educational attainment, parental income, religious identity and similar characteristics.

Assuming the study was sound, the results are evidence of something our common sense tells us: that the nature and focus of the school a student attends matter.

If some religious schools have figured out how to inculcate socially responsible behaviors, public schools should be able to figure out how to produce civically-responsible graduates. As we wage “reform wars” over Common Core and high-stakes testing and all the other “fixes” being proposed, we need to keep our eye on the goal: academically excellent public schools that educate engaged and knowledgable citizens.

Schools that create a public, in the best sense of that word.

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Madison, Bingham and the Crapshoot of History

There was a lecture at the McKinney School of Law yesterday about Jonathan Bingham, the most important constitutional figure you’ve probably never heard of. One of the professors has just written a biography of him–“American Founding Son: John Bingham and the Invention of the Fourteenth Amendment.”

I came across Bingham and the role he played in U.S. history a number of years ago, when I was researching a book of my own. He was a Republican Congressman from Ohio, a fervent believer in racial equality, who wrote the first and most famous passage of the 14th Amendment–the one forbidding states to deny “the privileges and immunities of citizenship” to their citizens, and requiring that they extend to those citizens the guarantees of due process and equal protection of the laws.

It was clear even from the brief research I did then that Bingham’s intent was to finish what Madison had tried but been unable to do–apply the entire Bill of Rights to state and local governments. (Originally, the Bill of Rights only restrained the federal government.) In the aftermath of the Civil War, he was able to get it done.

Or so he thought.

The Supreme Court declined to interpret the 14th Amendment as requiring complete and immediate”incorporation,” the weird term used by lawyers that means applying the Bill of Rights’ restrictions against government at all levels. The Court opted for “selective” incorporation–and only over a period of many years, as cases came before it, used the Amendment as a vehicle to ensure that  local government units respect the “fundamental liberties” protected by the Bill of Rights.

What too few Americans appreciate is the importance of the 14th Amendment to our current Constitutional system. Yale Constitutional scholar Akil Amar has called the post-civil rights period and the changes wrought by the 14th Amendment a second founding, and it does seem odd that even Americans who are quite familiar with the roles played by Jefferson, Madison, Franklin, Hamilton et al have never heard of Bingham, nor been taught about the profound effect of his Amendment.

Just goes to show, I guess. HIstory’s a crapshoot.

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