Tag Archives: Democracy

We The People

Wednesday night I attended an “Empty Chair” Town Hall, and I was absolutely blown away–in a very good way–by the event.

I was one of three people who “kicked off” participant testimonies with brief descriptions of what we are currently facing. My assignment was to explain why DOGE and the majority of Trump’s Executive Orders are unconstitutional; the other two addressed assaults on Medicaid and Women’s rights.

Here’s what I said:

Under the Constitution, Congress has exclusive power to raise revenue and “pay the Debts and provide for the common Defense and general Welfare of the United States.”  The Appropriations Clause states that “No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law.” DOGE has never been authorized as a government unit of any kind, and it is exercising financial decision-making that the Constitution vests exclusively in Congress.

Accordingly, every decision DOGE has made and is making is illegal and unconstitutional until and unless ratified—or more properly, authorized in advance– by Congress.

Most of Trump’s increasingly incoherent, petty and autocratic Executive Orders are similarly unconstitutional. Most of them violate the Separation of Powers—a structural element fundamental to America’s constitutional system. The most blatant example was his effort to use an Executive Order to overturn birthright citizenship, which was established by the 14th Amendment. A president cannot amend the Constitution via Executive Order.

An Executive Order is defined as a written directive signed by the president, that orders agencies of the federal government to take specific actions in pursuance of the Executive’s duty to ensure that the laws of the nation “be faithfully executed.” To the extent that such orders apply to matters not properly within the Executive’s authority, they are legally unenforceable.

Trump’s disdain for the Constitutional limits on his authority have plunged the nation into a full-blown Constitutional crisis.

Following those first, very brief presentations, some sixty people (out of the nearly 600 in attendance) lined up to address that empty chair. They were a cross-section of ordinary Americans (not a “coastal elitist” to be seen)– working class folks, a mixture of young and old people, retired folks– and they were amazing.

Don’t take my word for it: here is a link to the recorded livestream.

The citizens who turned out on a week-night (and presumably those watching via the livestream) wanted Todd Young to know that they are angry at his lack of a backbone, and his failure to live up to the oath of office that he took both as a Marine and as a Senator. They wanted him to understand how this rogue administration’s attacks on government are harming Hoosiers–the shutdowns of mental health services, the refusals to pay funds legally due to local nonprofits, the disregard of Free Speech and due process guarantees, and especially the persistent, vicious assaults on America’s diversity.

The people addressing that empty chair were passionate, but more significantly, their charges of malfeasance were accurate. They’d done their homework. The people who attended that Town Hall were the epitome of the “informed electorate” that sustains democratic regimes. When I left, I felt more positive than I have since the election.

The Town Hall’s organization by the Central Indiana Indivisible Chapter was flawless–there were volunteers directing traffic (which significantly overflowed the church’s large parking lot); and others inside directing attendees, managing microphones and herding the people waiting to testify. The crowd was more than just energized–attendees applauded speakers, booed references to Trump and Musk, and clearly demonstrated their intent to protect the America they value–an America where every person is (at least theoretically) valued.

The minister who welcomed the crowd emphasized that message, insisting that “Everyone is welcome here,–we don’t care what color you are, we don’t care who you pray to or whether you pray, we don’t care who you love. You are valued and welcome here.” Several of those who spoke made a similar point: America is a land of immigrants, a “melting pot” (or “tossed salad”) of diverse folks–and that is our strength. That is what makes America great. That is the beauty of We the People, and we will fight to retain it.

If Senator Young is too weak and intimidated to join the fight for America, the people in that Town Hall will find someone who isn’t weak and intimidated to replace him.

If you weren’t there, I really, really hope you will watch the recording. We the People are beautiful.

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A Functional Media?

Research strongly suggests that Americans are split between an informed electorate and those delicately referred to as “low information voters” (also known as “MAGA”). As I’ve pointed out repeatedly on this blog, our current information environment reinforces misinformation and disinformation, catering to those who simply want their prejudices confirmed. The Internet has proved to be a warm and fuzzy place for those whose “research” is confined to searches for confirmation of their pre-existing biases.

That reality allows Trump to engage in fact-free bloviating–also known as lies–secure in the knowledge that a multitude of propaganda sites will obediently echo them, no matter how ridiculous or easily and repeatedly debunked.

A recent essay from the Bulwark posits that today’s media falls into roughly three categories:

There’s the state media—Fox, Newsmax, the Federalist, HughHewitt.com—which have become pure propaganda outlets.

There’s the “neutral” media—the New York Times, the Washington Post, ABC News, CBS News, CNN—which believe that politics should be covered as a sport with reports about who’s up and who’s down. Extraordinary efforts are made by these institutions to present both sides of every question, even if it means presenting the case for illiberalism or platforming people who the media orgs know are lying to their audience.

Finally, there’s pro-democracy media—outlets which understand that America is experiencing an ongoing authoritarian attempt and that they must stand on the side of small-l liberalism.

The author believes that maintaining these categories is unsustainable-that the three spheres will soon “collapse into just two: Media organizations that oppose authoritarianism and media organizations that accept it.” He quoted an editorial from a technical publication–Techdirt— which recently made a surprising announcement:

Over the last few weeks, I’ve had a few people reach out about our coverage these days . . . [and about] how much we were leaning into covering “politics.”

When the very institutions that made American innovation possible are being systematically dismantled, it’s not a “political” story anymore. It’s a story about whether the environment that enabled all the other stories we cover will continue to exist. . . .

We’re going to keep covering this story because, frankly, it’s the only story that matters right now, and one that not everyone manages to see clearly. The political press may not understand what’s happening (or may be too afraid to say it out loud), but those of us who’ve spent decades studying how technology and power interact? We see it and we can’t look away.

So, here’s the bottom line: when WaPo’s opinion pages are being gutted and tech CEOs are seeking pre-approval from authoritarians, the line between “tech coverage” and “saving democracy” has basically disappeared. It’s all the same thing.

Digital illiterate that I am, I had never heard of Techdirt. But the quoted language confirms something that most political scientists know instinctively: at base, everything is politics. The people who refuse to follow the news of what government is doing, who claim that they “aren’t political,” are kidding themselves.

When the federal government stops funding cancer research, when Social Security checks fail to appear in a timely manner, when government operatives are erasing efforts to counter discrimination (or, as they currently are, reinstating discriminatory messages and behaviors)–when federal officials are telling states to handle their own fires and floods, and threatening your employees with deportation, when insane policies are threatening to tank the economy and erode your retirement–it is no longer possible to tell yourself that “politics” is irrelevant to your life.

The article suggests that tech outlets are among the first to speak out because “they have specialized knowledge—and because they don’t have relationships with people in politics to tend to.”  They are able to see clearly what is happening and willing to speak out against it.

We have seen the exact same thing with some specialized legal publications. Lawfare and JustSecurity.org were once destination sites for law nerds. Today they have become two of the most essential media organizations in America.

Why? Because since these people specialize in the law they know exactly how serious Trump’s attack on the rule of law is—and how dangerous it is.

Like Techdirt and Wired, serious people in the legal space are being radicalized—democracy pilled?—because they understand that this isn’t a game and that the liberal press does not have an obligation to present illiberalism as a point of view worthy of consideration.

The people in pro-democracy media understand that liberalism has a moral obligation to take its own side.

“Fair and Balanced” was never accurate, because “balance” by its very nature/definition cannot be accurate. And stenography–he said/she said–isn’t journalism.

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Preparing To Resist

Important notice: Due to the cold, the rally on January 20th has been moved to Broadway United Methodist Church, 609 E 29th St, Indianapolis. Indoors.

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I have previously posted about the rally being held just two days from now, on January 20th–Inauguration Day–in  Indianapolis.

Reasonable readers might wonder what such a gathering is intended to do. After all, the threats posed by the incoming  administration will manifest in concrete, harmful actions. Should we not be saving our energies to oppose and try to derail those actions, and to help neighbors likely to bear the brunt of the coming assaults?

That question is reasonable, but it misses an important point. Those of us who are dreading what is likely to come, who fear for the country we thought we lived in, need to find and support each other. We also need to mutually reinforce our commitment to that country’s democratic and constitutional traditions, and to its first motto: e pluribus unum.

Think of the rally–and the other demonstrations being planned–as a coming together, a communal “kickoff” to the coming resistance.

As Hoosiers4Democracy recently put it, on the 20th, we will not only be commemorating the birthday of Dr. Martin Luther King Jr., we will be affirming that we

stand in resistance to the inauguration of a President who promises to unravel the constitution and ignores the rule of law. The rally is an act of love for our constitution and the foundational American values of liberty, equality and justice for all. We know these values are not applied equally, that many in our country are denied basic human and civil rights that others are afforded. We know that these values are under further assault by our incoming state and federal administrations. We stand in resistance to that assault.

In a paragraph explaining why the rally matters, H4D explained:

It is thought that Carrie Chapman Catt, a suffragist and founder of the League of Women Voters, said that ‘democracy is not a spectator sport’. Now is not the time to be a spectator to the spectacle that is happening in our state and our country. Despite our disillusionment, disappointment, despair and heartbreak, we must not allow ourselves to sit on the sidelines of politics. We need to stand up for our Constitution and our commitment to E Pluribus Unum—out of many, one. So join us as we:

Reclaim the vision of Dr. Martin Luther King Jr.
Rebuild a stronger more inclusive society and the democratic institutions that are being threatened
Resist the policies and actions that undermine our freedoms and civil rights.

The missive ended by asking readers to commit “to being an engaged and informed citizen, especially in this perilous moment.”

Put on your coats, boots, mittens, warm hats and join us in song, inspired readings, and a diverse lineup of speakers as we ‘let our hearts speak’ for what we love most about this country. Reclaim, Rebuild, and Resist Rally, January 20, 2025, 10:00am-Noon, University Park, 325 N. Meridian St., Indianapolis.

The rally has several organizational co-sponsors: ACLU Indiana, ReCenter Indiana, Common Cause Indiana, Women4Change Indiana, the Indiana chapter of the American Association of University Women, and the League of Women Voters of Indiana. It will feature musical interludes and brief talks by clergy and civic leaders (and one local blogger, namely me).

I hope that those of you who live in central Indiana can join us as we reinforce our solidarity and prepare for what comes next.

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Reclaiming America

In the wake of the November election, I can’t count the number of friends and family members who have declared a moratorium on political news–who have taken a “time out” in order to protect their equilibrium/sanity and avoid descending into depression.

I will admit that I have dialed back my usual immersion in the news, for the same reason. It really has been an act of self-preservation to take a vacation from the evidence that so many  Americans have dismissed the ideals of our founding, and are willing to close their eyes to threats posed to the principles that truly did make America great.

But a vacation is not a departure, and it’s time to determine how each of us can contribute to a massive uprising of people who may have different political affiliations and/or policy goals, but who agree on the importance of protecting civil liberties and participatory democracy in the face of the grifters, autocrats and racists–elected and otherwise– who are preparing to assume control of the government.

If those of you reading this are like me, your inbox has been filling up with notices from political and nonprofit organizations, both local and national, outlining their preparations for sustained activism in the face of those threats. One example–Democracy 2025–lists 280+ member organizations, and over 800 Lawyers, advocates, and experts already engaged in the work.

Despite claims, no President or their allies can just snap their fingers to implement an anti-democratic vision. Our laws and Constitution provide real protections and tools through the courts and in our communities to stop abuses of power and harms to people. Still, these threats are real, so we’re prepared to confront them.

Learn more about the threats we’ve identified, and check back often as we release additional analysis, tracking, and tools to respond.

I’ve received dozens of other, similar announcements, although none with as extensive a list of participants.

Local organizations–including numerous bipartisan and nonpartisan ones– are also gearing up to defend fundamental constitutional values, recognizing that what we are facing is not a partisan political confrontation, but a civic, social and indisputably moral conflict. We can go back to arguing about politics and policy when we have restored the rule of law and respect for time-honored democratic norms.

As Mark Twain once wrote: Patriotism is supporting your country all the time, and your government when it deserves it.

A group of local organizations that define patriotism as Twain did is planning a rally at University Park, in downtown Indianapolis, on January 20th–the same day as the Inauguration and also, coincidentally, Martin Luther King, Jr. day. The rally is intended to reaffirm attendees’ commitment to King’s vision and opposition to the restoration of White Nationalism and patriarchy. There will be uplifting music, readings that remind us of America’s historical aspirations, and messages from clergy of different faith traditions. (Yours truly will also participate in the program.)

We will pledge allegiance to the America we love and believe in–a generous and welcoming country devoted to liberty, inclusion and equal civic participation.

The rally– titled Reclaim, Rebuild and Resist– will begin at 10:00 a.m and end at noon. It is intended to demonstrate a firm and unyielding commitment to the principles of liberty and equality enshrined in the U.S. Constitution and Bill of Rights, and espoused by Dr. King—to reaffirm our support for the original American motto: e pluribus unum (out of the many, one), and our concerns for the threats posed by members of the incoming state and federal administrations to the values of inclusion, equality and the rule of law.

We will pledge to reclaim the visions of Dr. King and other social justice warriors, to help in efforts to rebuild and reinforce America’s democratic institutions, and resist attacks on foundational American values from any and all sources.

If you live in central Indiana, I hope you will attend. And bring your friends and families.

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Hopelessly Undemocratic Indiana

We can’t “save” a democracy we’ve already lost. (See yesterday’s post.) The real question is: can we regain it?

Indiana is a case in point. Extreme gerrymandering ensures a Republican legislative supermajority–not simply because lawmakers have distributed voters to ensure GOP dominance, but because that tactic is far and away the most effective form of voter suppression. There’s a reason Indiana’s turnout is one of the lowest in the country; voters deprived of competitive contests see no reason to cast a ballot. (What’s ironic is that several of these districts would actually be competitive if turnout increased…)

Indiana also lacks an initiative or referendum. Hoosiers thus have absolutely no recourse, no way to counter legislation that ignores the preferences of the majority. And our GOP overlords routinely ignore those preferences–polling regularly shows citizen sentiments at odds with the extremism of those we’ve “elected.”

A friend with Hoosiers 4 Democracy looked at Governor-elect Mike Braun’s recently published policy agenda, and shared examples demonstrating that deviance.

She noted that Braun promises to “faithfully execute SEA 1 (2022).” SEA 1 was the draconian abortion ban passed by our legislature immediately after the decision in Dobbs. Polls of Indiana voters consistently demonstrate that a large majority of Hoosiers support access to abortion through at least the first trimester, and narrower majorities support access beyond. Nevertheless, Braun’s policy agenda includes a promise to  “Ensure SEA 1 (2022) implementation is in accordance with statute in a way that provides transparency and certainty for the public and medical providers.”

How nice of him to advocate for “transparency” of a measure with which most Hoosiers strongly disagree–a measure that has already created “maternity deserts” as Ob-Gyn practitioners flee the state.

Then there’s Braun’s promise to “protect Hoosier girls from biological males who attempt to compete in girls’ sports.” That language joins a provision to “respect the rights of parents”–language we hear from the extreme Right-wing parents who’ve been trying to ban books and require school officials to “out” children. Here’s the language he uses to beat up on trans youth:

In 2022, the Indiana General Assembly passed HEA 1041 to protect the girls on the field of play. The State should continue to ensure that biological males will not compete against our girls on the court, in the pool, or invade the privacy of their locker rooms.

Require schools to respect and uphold the rights of parents as the decision-makers in their children’s lives, education, and upbringing. This includes directly notifying parents about any physical or mental health concerns that arise at school, such as requests to use a name or pronouns that are inconsistent with biological sex.

In 2023, the Indiana General Assembly passed HEA 1608 to protect this fundamental parental right.

In other parts of the document, Braun inadvertently highlights the logical outcome of Indiana’s regressive legislation. He notes that “Indiana continues to struggle in retaining college graduates as nearly 40% of graduates leave within one year of graduation, and more high school students are choosing to attend university elsewhere (8%).” He also notes that too few Indiana students pursue a college education. “Every year, approximately 75,000 Hoosiers graduate from high school. While half of these students enroll in college the other half pursue other opportunities…. ”

That’s even worse than it sounds. As the friend who sent me Braun’s agenda noted, of the 75,000 who graduate, 32,500 enroll in college. But enrollment isn’t the same thing as completion. Indiana’s college degree completion rate is 66%.  Approximately 21,000 students will graduate within 6 years, and of those, 40% leave the state. That means Indiana has approximately 12,500 new college graduates who join the state’s workforce each year (about 140 per county if they were equally spread out–which they aren’t. Most choose to live and work in cities–primarily Indianapolis–where employment opportunities and social amenities are more plentiful.)

The fact that Indiana has fewer educated citizens than other states is a major reason we have trouble luring employers, and the reason that–as Braun’s agenda also notes–“Indiana faces workforce shortages (e.g., additional 5000 nurses needed by 2031), skill mismatches, and struggles to retain college graduates.”

Bottom line: legislators and administrators who gain public office by choosing their voters can–and do–ignore the wishes of their constituents. Citizens stop participating in the political process, believing it’s a waste of time and effort. They tune out. As a result, the only people who cast ballots are the most committed partisans.

We end up “electing” statewide candidates who, like Braun, go along with the current GOP’s extreme, anti-American “agenda,” or the even more extreme (and embarrassing) Christian Nationalists like Beckwith and Banks, or corrupt posturers like Todd Rokita.

Indiana isn’t a democracy, and our overlords want to see to it that we don’t become one.

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