Dealing with the Embarrassment

I logged onto the Star’s front page this morning, only to discover that Matt Tully had already written my intended post.

It’s embarrassing. Even those of us who hate football have to be impressed with the skill and energy and sheer hard work that has gone into SuperBowl preparations. Even those of us who disagree with the city’s persistent prioritizing of sports arenas over, say, schools and parks, have to be impressed–and considerably mollified–by the use of this particular sporting event to trigger reinvestment in the near-Eastside neighborhood. And even Indy dwellers who are urbanists with a permanent sense of our inferiority to great cities like Chicago and New York have to take pride in the ability of Indianapolis to rally thousands of volunteers, master complex logistics, and throw one hell of a party. (I just passed the amazing ice sculpture of the New York skyline that appeared overnight next to the firehouse on Mass Avenue. Very cool–in both senses of the word!)

And then there’s our legislature.

Tully compares the General Assembly to that weird cousin everyone has, and asks visitors to simply discount them. And there is certainly more than a grain of truth in that observation. Just like the weird cousin who is so fixated on his collection of Star Wars figurines he can’t carry on an adult conversation, Indiana’s lawmakers are so firmly rooted in their alternate realities they can’t be bothered to do the state’s business. After all, if they paid attention to water pollution or public transportation, who would undermine science education or ensure the proper singing of the national anthem?

That said, the spectacle that is the Indiana General Assembly can’t all be attributed to its rampant assault on science and reason. The anti-Indianapolis resentment that has long characterized our state legislature has played a prominent role, and it has been aided and abetted by a Governor who knew exactly what he was doing.

A video of a speech Mitch Daniels gave barely a year ago has been all over Facebook and local blogs; it shows the Governor disclaiming any interest in proposing a “divisive” Right to Work law, which he accurately described as something that would set off a “civil war.” Leaving aside the merits–or lack thereof–of the law itself, why would the Governor reverse himself and promote a measure he clearly knew would enrage thousands of Hoosiers at the very time the state capitol would be hosting the SuperBowl?

Hosting an event of this magnitude is a once-in-a-generation opportunity to put our best foot forward, to use our brief visibility to impress potential visitors and employers. It’s bad enough that the usual buffoonery at the statehouse is an embarrassment, potentially undermining the efforts of countless volunteers. It’s inexcusable that the Governor and Speaker–who actually do have IQs–preferred an opportunity to weaken Indiana’s few remaining unions over a chance to support the efforts of citizens who have worked countless hours to host this event.

At the end of the day and despite our sorry excuse for state government, Indianapolis will still shine. Most visitors will accept Tully’s (apt) characterization of our horrendous legislature, if they think about it at all. But those of us who live in Central Indiana need to remember who embarrassed us in February–and we need to deal with them in November.

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I’m Trying Not to Cry…..

A student who is interning at the General Assembly sent me this description of legislation working its way through the process:

“Silencers when hunting. Repeals the law that prohibits the possession or use of a silencer while in the act of hunting. Provides that a person who takes or possesses a deer or wild turkey: (1) unlawfully; (2) by illegal methods; or (3) with illegal devices; while using or possessing a silencer commits a Class C misdemeanor. Makes hunting on private land without the permission of the owner a Class B misdemeanor if the person does so while using a silencer. Makes a technical correction.”
There was a news report yesterday about Indiana’s polluted drinking water, and lawmakers’ explanation that, due to it being a short session and all, there wouldn’t be time to address that issue.
After all, they had to spend a lot of time working on the really important stuff, like teaching creationism and cursive, praying in school and “Right to Work.” And silencers.
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Two Wrongs, Eroding Rights

January 21st was the 2-year anniversary of the Supreme Court’s decision in Citizens United. 

The anniversary was marked with a number of protests, and an even larger number of news articles and blog posts documenting the dramatic growth of political “Super Pacs” and other unaccountable third-party political actors in the wake of that decision.  We have seen an almost unimaginable amount of money being spent to influence–okay, buy–elections.

As a guest blogger for the American Constitution Society recently wrote,  “people are expressing outrage about the corrosive effect of big money in politics, particularly in the wake of the Supreme Court’s ruling in Citizens United v. FEC.

This outrage is well founded –  in a report Public Citizen published one year after the Court’s disastrous decision – we found that spending by outside groups jumped to nearly $300 million in the 2010 election cycle, from just $68.9 million in 2006.  The donors for nearly half of this independent money spent remain undisclosed. And, that’s just a taste of what’s to come.  The influx of independent expenditures in allowed by Citizens United will bump up election campaign spending to record levels in 2012; by some accounts to as much as $8 billion, dwarfing previous records.

We want to get big money out of politics, but do that, you have to engage the very system that is weakened and undermined by that money. The deck seems stacked.  How does an ordinary person find a way to make that change happen?”

The entire post is worth reading, and the author concludes–as have many others–that we need a constitutional amendment that would overturn the decision and confirm that corporations are not people.

I agree that such an amendment is warranted, if incredibly difficult to pass. But as a retired Judge told me several months ago when we were discussing the case, the real travesty was the earlier decision in Buckley v. Valeo, in which the Court equated money with speech. That was the decision that made Citizens United possible.

We all know that wealthier people have more clout in every society; they always have and probably always will. Wealth buys privileges–it allows people to get better educations, join organizations that are influential, have more leisure, hire lobbyists, and access a wide variety of other social “megaphones” that allow them to influence others. That’s just reality–an inescapable consequence of free speech in a market economy, and in my view, an acceptable if regrettable trade-off.

But Buckley and Citizens United  vastly increase the power of the rich at the expense of everyone else. Rather than helping to level the playing field by upholding laws that would have moderated political advantage, those decisions dramatically increased the disparity.

If money is speech, and corporations are people, the 1% will always own the political process.

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What is Ballard Smoking?

When the dust cleared after the November elections, Indianapolis was left with divided city government. The Mayor is Republican. The Council majority is Democrat. The challenge for the next four years will be to get along–to make decent policy despite partisan divisions.

An article in this morning’s Star suggests we’re not getting off to an auspicious start.

Indianapolis has been struggling for several months to enact a smoking ban that actually has some teeth. After a couple of false starts, the Council has  produced a (bipartisan!) draft, to be voted on tonight. But according to the Star, 

“The proposal’s effect on veterans halls and private clubs has become a focal point of debate and has raised the likelihood of a mayoral veto.

As written, the proposal would give those places an exemption from the smoking ban but only with a hard choice: Keep smoking, or allow children on the premises. But not both.

Mayor Greg Ballard said Friday through a spokesman that unless the council removes the restriction on children tonight, he will veto the measure. That statement was his most forceful yet since the council resumed the years-old smoking ban debate two months ago.”

When Ballard first ran for Mayor, he promised to support a smoking ban. When actually faced with an earlier iteration, he withdrew that support, and he’s been a roadblock ever since. The question is: why? The current compromise protects children from the documented health hazards of secondhand smoke, while still allowing adults in private clubs to smoke. That seems entirely reasonable. But my question goes well beyond the merits of this particular ordinance.

If he is to achieve any of his goals, Ballard will have to be strategic in his relationship with the City-County Council. He will have to choose his fights carefully. Is this really an issue on which he wants to spend his small store of political capital? Is the American Legion’s pique so important that he’s willing to start the new term with a fight that will further divide the branches of local government and further diminish the prospects for cooperation?

Wrong on policy, wrong on process, and politically short-sighted. Welcome to the start of a long four years.

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Settling Scores and Legislating Badly

To this day, despite my aging memory, I can still vividly recall my law school Income Tax class–and not just because it was taught by the legendary Larry Jegen. The class was my first introduction to the phenomenon of laws like the one Jegen called “the crazy cousin rule.” This otherwise inexplicable provision, written in the appropriately impenetrable language of the tax code, allowed a tax deduction for any support rendered to certain relatives in mental institutions. Presumably, the author of the measure had such a relative, and he was using his elective position to write tax laws that would benefit him personally, by allowing him to recoup some of the costs involved. Public policy had nothing to do with it.

Which brings me to Mike Delph and his attempt to abolish the use of Grand Juries in Indiana.

As faithful readers of this blog (there are some, right?) will recall, I blogged about this odd proposal a while back, expressing my puzzlement. A more savvy observer of the political scene posted a comment, suggesting a motive for this seemingly bizarre effort: Delph, he said, was a friend of Charlie White, the Indiana Secretary of State who had been indicted by a grand jury on charges of theft and vote fraud.

That seemed petty and irrational even for Mike Delph, but an article about Charlie White’s upcoming trial in this morning’s Indianapolis Star has leant support to that explanation. In the lengthy background piece, Delph is quoted at several points about his friendship with White, and his conviction (no pun intended) that the charges were politically motivated. According to Delph, he and Charlie often pray together in Charlie’s office.

Now it all makes sense. A grand jury indicted his friend. Abolish grand juries.

It needn’t stop there. If your friend is mistakenly arrested by the police, abolish the police; if a doctor’s treatment harms your friend, abolish the practice of medicine….

I don’t know the content of those devotions in Charlie’s office, but may I suggest adding a prayer for less grandiosity and more common sense?

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