Send In the Clowns….

Don’t bother. They’re here. In fact, they’re apparently everywhere.

Yesterday, a student sent me a link to a story about a Montana lawmaker who is proposing to give people convicted of a crime a choice between prison time and “infliction of pain.” According to the report, Republican Rep. Jerry O’Neil is drafting a bill that would allow those convicted of misdemeanors or felonies to negotiate corporal punishment rather than a more conventional sentence, because he thinks long prison sentences are inhumane, and thinks many offenders would prefer something like “20 lashes.”

This is the same lawmaker who made headlines earlier in the legislative session when he asked to get paid in gold and silver coins because he is skeptical about the future of the dollar.

Not to be outdone, however, our Hoosier legislators are weighing in with some pretty impressive entries in the OMG sweepstakes. Some pending bills are just terrible policy, of course. We’re used to those here in Indiana. Others are head-scratchers. For example, Senate Bill 0462 designates the fourth Saturday of July as the National Day of the Cowboy and Cowgirl in Indiana, and designates the third weekend of May as the First People’s Celebration Weekend in Indiana in observance of the Corn Planting Moon Ceremony.

The Corn Planting Moon Ceremony? SB 0462 is definitely a contender. But my current favorite is Senate Bill o230, which proposes to “nullify” federal laws our Indiana policymakers don’t like.

SB 0230 provides that “any federal act, order, law, rule, regulation, or statute found by the general assembly to be inconsistent with the power granted to the federal government in the Constitution of the United States is void in Indiana. Provides that a resident of Indiana has a cause of action to enjoin the enforcement or implementation or the attempted enforcement or implementation of a federal act, order, law, rule, regulation, or statute declared void by the general assembly. Provides that a plaintiff who prevails in such an action is entitled to reasonable attorney’s fees and costs. Provides that a person who knowingly or intentionally implements or enforces, or attempts to implement or enforce, a federal law that is declared void by the general assembly commits a Class D felony. Finds that the federal Patient Protection and Affordable Care Act and the federal Health Care and Education Reconciliation Act of 2010 are inconsistent with the power granted to the federal government in the Constitution of the United States.”

Presumably, the genius who sponsored this one missed that pesky little provision in the U.S. Constitution known as the Supremacy Clause. (Didn’t some of this guy’s forebears try that “states rights” gambit during the civil rights movement? Didn’t work then, either.)

It’s pretty clear what’s pissed off the sponsor of SB 0230, and pretty obvious what his bill–however embarrassing–is all about.   SB 0163, on the other hand, is mystifying.

The digest begins “Provides that an individual may not be registered as a lobbyist for more than ten years.” The bill also provides that “an individual may not be a candidate for election to the general assembly if, at the expiration of the term to which the individual would be elected, the individual would have served more than 16 years as a member of the general assembly” and “provides that an individual may not be employed by or provide personal services under contract to any Indiana government body for more than ten years during the individual’s lifetime.” It also prohibits anyone from receiving more than $1,000,000 in compensation from government during his lifetime.

I understand trying to term limit legislators (although it really isn’t a very good idea, no matter how tempting it may seem)–but lobbyists and government employees?

Maybe we could just give those guys a choice between term limits and 25 lashes?

Comments

Suddenly I Don’t Feel So Safe…..

Heartbreaking. Yesterday in Chicago, a fifteen-year-old was shot dead–evidently caught in the crossfire of a gang shoot-out. Just the week before, she’d been thrilled to participate with her school’s band in the Presidential inauguration. Like the children at Sandy Hook in Newtown, she was an innocent child who had her whole life ahead of her.

As we ate dinner last night, the television news reported on two other shootings. It also covered a portion of the Congressional hearing on the administration’s proposals for background checks and restrictions on the sales of large “magazines” that allow a shooter to rapidly fire multiple shots without reloading–including, poignantly, halting testimony from Gabby Gifford, the Congresswoman shot in the head in Phoenix while meeting with her constituents. The cost of her miraculous survival was on full display–this formerly vibrant woman is now partially blind, able to form words only with great effort, partially paralyzed.

A colleague shared with me an article from Slate, featuring a graphic and an interactive map of all the firearms deaths since Newtown. You can access it here. As of a couple of days ago, the toll stood at 1440. Just since Newtown.

Can we craft laws that will eradicate all this violence? No. Will background checks eliminate the ability of criminals to get their hands on weapons? No. In a country with a toxic gun culture and an estimated 300,000,000 guns, we aren’t going to be able to wave a policy wand and make it all go away. But surely, we can make it incrementally more difficult to kill and maim, to destroy lives and terrorize law-abiding citizens.

The survivalists (one of whom, the news just reported, has killed a school bus driver and abducted a young boy) and the paranoid see every modest measure to protect the public as part of a plot to disarm them. Newtown has had one salutary effect: it has pulled back the covers and given the American public a good look at that worldview, as expressed by Wayne LaPierre and his fellow crackpots at the NRA, and most of us–including responsible gun owners–have been understandably appalled. (Until now, like many other Americans, I had considered the NRA simply another lobbying group, rather than a cult. I was wrong.)

It shouldn’t take another Newtown, or the death of another promising 15-year-old, to shake well-intentioned lawmakers out of their complacency. As for those elected officials whose inaction has been purchased with NRA support, I don’t know about the rest of you, but I will no longer vote for a candidate who accepts campaign contributions from that organization.

Just because we can’t wave a magic wand and make everyone safe doesn’t mean we shouldn’t take reasonable measures to reduce the violence and mayhem. And “reasonable measures” do not include arming kindergarten teachers. It’s past time to stop the crazy.

Comments

When Does the University Stop Being Public?

The role and function of universities is increasingly a topic of discussion, and there is plenty to discuss. College costs have soared, student loan debt is at an all-time and dangerous high, and people are asking–reasonably–whether the product is worth the cost. The standards for making that determination are frequently misplaced; I’ve posted before my own frustration with those who see no difference between education and job training.

Meanwhile, state legislators routinely issue critiques and mandates. (This shouldn’t surprise those of us in higher education, since the General Assembly evidently considers itself a 150-person school board for K-12. This year it’s thou shalt teach cursive. A few years ago it was phonics.) Some of those legislative critiques are justified; most state universities could do with a leaner, meaner administrative structure. Many others betray an appalling lack of understanding of what a university is about.

One question that doesn’t seem to occur to these legislative overlords is: why should they have the ability to dictate university policies at all?

The assumed response to such a question is “because those institutions are supported by the state. It’s the Golden Rule: he who has the gold, rules.” But that assumption is getting thin indeed. State support is currently 11% of the budget at my university, and we are no anomaly. The vast majority of our funding comes from other sources: primarily tuition and fees, research grants, and fundraising.

This situation raises an interesting question: when do state universities cease being public? At what point does it make more sense for an institution of higher education to assess the considerable costs imposed by legislative mandates, compare those costs to the dwindling benefits of state financial support–and declare themselves private?

When children become self-supporting, they can declare themselves emancipated.

Comments

Signs of Improvement

The U.S. left Iraq (mostly) over a year ago. We seem to finally be departing Afghanistan. And yesterday brought welcome signs that yet another war is ending: the Culture War. (This must be Eric Miller’s worst nightmare…)

Nationally, there were reports in several news outlets to the effect that the Boy Scouts would abandon their ban on gay Scout leaders, and allow each troop to decide such policies for itself. Given the fact that the national organization felt strongly enough to take its case to the Supreme Court not all that long ago–where they made the argument that being straight was an essential and defining characteristic of “scout-ness”– this is quite the turn-around. The cynic in me notes that Scouting lost a lot of members in the wake of that case, and that it generated a new, competing organization, “Scouting for All.” Nevertheless, the Boy Scouts have stubbornly persisted in this position, reaffirming it as recently as a few months ago.

So–I’d say this is a big deal, as cultural markers go.

Here in Indiana, there are signs that our legislators–so hell-bent on protecting my heterosexual marriage from the certain doom that would befall it if same-sex couples weren’t conclusively banned from the institution–have seemingly misplaced their sense of urgency over the need to insert a ban into the State’s constitution.

Republican leaders who previously insisted that the prospect of same-sex marriage was an existential threat are reportedly assigning a lower priority to the matter this year. Senators who had previously highlighted their opposition to both same-sex marriage and civil unions–not to mention anything that looked remotely, sorta, kinda like marriage–are expressing doubts about the much-debated “second sentence” of the current language of the ban. And several Senators are actually advocating prudence, suggesting that it would be wiser to delay action and wait for the Supreme Court’s decision in cases it will decide this term.

Even in Indiana, the electoral calculus has changed. Homophobia and mean-spirited attacks on gay folks aren’t the surefire winners they used to be.

We Americans can be slow learners, but just maybe we’ve figured out that–both at home and abroad–some wars are misplaced, and others aren’t worth fighting.