A Widespread Misunderstanding

A recent comment posted to this blog demonstrates a widespread–and pernicious–misunderstanding of the role of the U.S. Constitution. The commenter demanded to know where there was any reference to healthcare in the constitution.

The answer, of course, is that no such reference exists–just as there’s no reference to, say, smoking. Or marriage. Or the right to drive a car. Or the internet.

The constitution does not grant us rights. It limits the government’s right to infringe on those rights. The founders believed that we have certain “inalienable” rights by virtue of being human (hence “human rights”). Some believed those rights were “endowed by the Creator.” But Creator or no, those human rights preceded governments and their laws; the Bill of Rights was intended to constrain government from ignoring or invading them.

The bottom line is that government can pass laws and create programs that the legislature believes will advance the general welfare, so long as those laws and programs do not run afoul of the limits imposed by the document itself, or by the Bill of Rights. We are all free to disagree about the wisdom of government’s policy choices; we are equally free to debate whether, in close cases, government has crossed the lines established by the constitution.

But when we look to the language of our constituent documents for permission–when we view government as the source of our rights–we betray a fundamental misconception of the role of government and law in these United States.

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Who Do You Trust?

In its business section this morning, the New York Times had a lengthy story about Angie’s List, the Indianapolis-based company that offers members access to reviews of service providers of various kinds. The reviews are provided by the members, and the article noted that–unlike sites like Yelp!–those reviews are not anonymous. While Angie’s list doesn’t publish the names of the reviewers, it does insist that evaluations come from identifiable individuals.

As the company’s public offering explained, they require this because it’s hard to trust anonymous statements and “facts” culled from the internet. The insistence that reviews come from verifiable sources is one way to increase the trustworthiness of the information being provided.

Lack of trust may be the signal characteristic of our times.

Angie’s List isn’t the only organization trying to deal with the wild west that is our current information landscape–far from it.  I would argue that much of what ails America these days is either enabled by or a direct result of mis-information, dis-information and  information uncertainty.

We are all being constantly bombarded with “news” that we aren’t quite sure we can trust.

The days when Mr. and Mrs. America tuned in to Walter Cronkite–and relied on the accuracy of his reporting–are long gone. Newspapers–with a few exceptions–fill the few pages they still publish with restaurant reviews and diet tips rather than fact-checked reporting. Cable “news” is anything but; it’s spin and talking points, and most Americans recognize that. It is increasingly difficult to determine the credibility of information we find online. No matter how goofy the perspectives or bizarre the conspiracy theories, you are likely to find confirmation of them in some fevered corner of the internet. (Just ask Rep. Bob Morris, who found “evidence” confirming his suspicions about those sneaky, abortion-loving, lesbian Girl Scouts.)

The problem is, when we no longer have authoritative sources and institutions we trust, societies don’t work very well. We lose an essential element of what social scientists call “social capital.” (Warning: shameless plug approaching.) I wrote about the causes and troubling consequences of diminished social and institutional trust a couple of years ago, in my book Distrust, American Style.

It isn’t just the folks who find internet confirmation that aliens landed in Roswell and the government covered it up. We’ve always had conspiracy theorists who are, shall we say, lightly tethered to reality. Today’s information landscape promises consequences far more pernicious than enabling the Holocaust deniers or encouraging the religious zealots convinced that the Rapture is imminent.

When ordinary Americans can’t be sure who is telling the truth, it’s easier to retreat into “us versus them” views of the world; easier to believe that a President who doesn’t look like you is really a secret Kenyan Muslim; easier to believe that an effort to provide healthcare is really an attack on religious liberty.

There is broad recognition that we have a problem.

The question is: how do we fix it?

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Because Fair Isn’t Necessarily Balanced…

National Public Radio has just adopted new ethics guidelines. We can only hope they signal the beginning of a wide trend in the media.

The new code stresses the importance of accuracy over false balance; it appears–finally–to abandon the “he said, she said” approach (what I have elsewhere called “stenography masquerading as reporting”) that all too often distorts truth in favor of a phony “fairness.”

At all times, we report for our readers and listeners, not our sources. So our primary consideration when presenting the news is that we are fair to the truth. If our sources try to mislead us or put a false spin on the information they give us, we tell our audience. If the balance of evidence in a matter of controversy weighs heavily on one side, we acknowledge it in our reports. We strive to give our audience confidence that all sides have been considered and represented fairly.

One of my gripes over the past several years has been the abandonment of precisely this tenet of good journalism. A good example has been environmental reporting–how many times have media sources reported on climate change, for example, by giving equal time and weight to  the settled science and the deniers, without ever noting that the deniers constitute less than 1% of all climate scientists, and are generally regarded as a kooky fringe? That’s “balance,” but it certainly isn’t “fair to the truth.”

A few years ago, this sort of false equivalency was illustrated by one of my all-time favorite Daily Show skits. The “senior journalism reporter” was explaining the Swift Boat Veterans for Truth attacks on John Kerry to Jon Stewart. “The Swift Boat Veterans say this happened; the Kerry Campaign says it didn’t. Back to you, Jon!” When Stewart then asked “But aren’t you going to tell us who is telling the truth?”  the response was dead-on. “Absolutely not, Jon. This is journalism.”

Far too often, reporters pursue artificial balance at the expense of truth. If a Democratic campaign plays a dirty trick, reporters rush to remind their audience of a similar transgression by Republicans, and vice-versa. This search for equivalency may be well-intentioned, but it misrepresents reality and misleads those of us who depend upon the media for accurate information.

NPR’s recognition of this pernicious practice, and it’s new Code of Ethics, are a welcome sign that at least some journalists might be returning to Job One: telling us the unembellished truth.

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A Blunt Instrument

Today, the Senate is poised to vote on a proposal by Missouri Senator Roy Blunt that could potentially eviscerate health insurance guarantees for millions of Americans under the guise of protecting religious liberty.

The Blunt Amendment is indeed a blunt instrument, part of a deeply cynical and wholly phony debate over whether requiring employers to offer a basic package of benefits in their healthcare policies violates the “conscience” of those who may disagree with some of those health services (e.g., contraception) on the basis of religion or morality.

This started, of course, with resistance by some employers to contraception coverage.

Under the original rule that would have required Catholic hospitals and universities to pay for contraceptive coverage, there was a barely plausible religious liberty argument. Once the regulation was changed, so that insurance companies were to offer the coverage directly to employees without charge, even that argument evaporated. (Think about it: how does the fact that your employee can get a medical product that your religious beliefs prohibit you from using violate your First Amendment rights? You aren’t being forced to use it, and now, not even forced to pay for it.)

This is a violation only if your “religious liberty” includes the right to tell other people how to live.

For most of the talking heads and lawmakers making all the noise, this wasn’t even really about contraception. The real motive for this entire manufactured controversy is the Republicans’ persistent effort to kill the Affordable Care Act.  The Blunt Amendment would give every employer the right to opt out of coverage for health care procedures and products that offend his conscience. (How we would know that a particular coverage really bothered his conscience rather than his pocketbook is an open question.)

Don’t believe working women should have babies? Don’t cover maternity benefits.

Don’t believe in immunizations? Don’t cover the costs of vaccinations.

Don’t believe in artificial “assistance” for sex? Don’t cover viagra.

Okay, you get the idea. Passage of this proposal would make health coverage unworkable–which is, of course, the point. It has nothing to do with religious liberty, as I’ve previously explained, and most Senators clearly understand that.

One of the saddest footnotes to this dishonest nonsense is watching Dick Lugar, of all people, jump on this bandwagon, in yet another pathetic effort to pander to the Tea Party zealots trying to oust him.

The day before yesterday, Senator Olympia Snowe of Maine announced she wouldn’t run for another term. There were evidently limits to what she was willing to do to placate the irrational know-nothings who have assumed control of the GOP.  Lugar would have done better to emulate her, and depart with dignity.

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Tilting at the Enlightenment

Some people go through life like Don Quixote, tilting at windmills.

Then there’s Rick Santorum. He wants to repeal the Enlightenment.

I’ve been mulling over Santorum’s recent attack on higher education, part and parcel of his rejection of so many aspects of modernity: evolution, reproductive autonomy for women, separation of church and state, equality for gays and lesbians…There really isn’t much about  the 21st Century (or the 19th or 20th, for that matter) that he seems willing to accept.

I think Santorum’s hostility toward education is very real, despite his own MBA and Law Degrees, and it is at the very heart of his worldview (I hesitate to call it a “philosophy,” a word he would obviously consider “snobby.”) Many people have suggested that his own degrees are evidence that he doesn’t really believe his charges that colleges and universities “indoctrinate” young people, make them lose their religion and become more like the hated Barack Obama–i.e., intellectual. I don’t agree; Santorum’s degrees are professional ones–high order job training. (I”m not throwing rocks; I have a law degree too.)

What Santorum loathes and fears is education. Real education doesn’t “indoctrinate,” of course–it does something more pernicious. It questions.

Education is the arch-enemy of certitude.

If I do my job properly, my students will leave my classes a bit more confused, a bit less sure they have “the answers” and a lot more aware of the magnitude of the questions. They will encounter the diversity with which we mortals approach the uncertainties and complexities of the world we inhabit. They will have a greater appreciation of what they don’t know. If I do my job well, they will also have some “critical” tools with which to assess the credibility of the information with which they are increasingly bombarded.

That is the education Santorum detests, because he is cut wholly from Puritan cloth.

The Puritans came to America for religious liberty–defined as the right to practice the True Religion, and the even more important right to impose that Truth on their neighbors. They approached education much like TV’s Jeopardy–you started with the correct answer, which the Bible provided, and then you went looking for the explanations that would justify that answer. Usually, in the early colonies, those explanations came from the preachers and biblical scholars who’d preceded you.

The philosophical and scientific movement that came to be called the Enlightenment changed the nature of knowledge. You no longer began with the answer; instead, you examined the world around you, based some initial conclusions on careful empirical observations, and then tested those conclusions, which were always considered conditional and subject to change if new information emerged. The Enlightenment gave us the scientific method–as well as a more scientific approach to questions like “how should governments be constructed.”

The U.S. Constitution was a creation of the Enlightenment. So was ambiguity. If all truth is provisional, if all conclusions are subject to revision based upon new information, how can anyone really, really be sure of anything?

Education–real education, as opposed to job training–prepares students to live with that ambiguity.

Puritans find it intolerable.

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