Tag Archives: Democracy

Rule of Law? Respect for Democracy? Not in the Age of Trump…

Remember the quote–attributed to John Adams–to the effect that the then-new American Constitution had created “a government of laws, not men”?

One of the most important improvements in our human efforts to improve governance was development of the concept of rule of law–the radical notion that fair rules should be established and everyone–including government officials and others in positions of power– should be expected to follow those rules (including the rules on how rules should be changed).

Adherence to the rule of law, in spirit and fact, is absolutely essential to the legitimacy of a governing authority.

Which brings us to the truly outrageous behavior of Republican lawmakers in North Carolina. As the New York Times reported earlier this week,

Republicans in the North Carolina legislature on Wednesday took the highly unusual step of moving to strip power from the incoming Democratic governor after a bitter election that extended years of fierce ideological battles in the state.

After calling a surprise special session, Republican lawmakers who control the General Assembly introduced measures to end the governor’s control over election boards, to require State Senate approval of the new governor’s cabinet members and to strip his power to appoint University of North Carolina trustees.

Republicans also proposed to substantially cut the number of state employees who serve at the governor’s pleasure, giving Civil Service protections to hundreds of managers in state agencies who have executed the priorities of Gov. Pat McCrory, a Republican.

These extraordinary steps–taken in the wake of a democratic (note small “d”) election that produced a result displeasing to the state’s GOP–unquestionably violate democratic norms, and may well violate the North Carolina state constitution.

The election of a Democratic governor came despite sustained Republican efforts to suppress African-American votes–efforts so transparently and blatantly aimed at (disproportionately Democratic) black voters that a court described them as “surgical.” Several of those measures were struck down, but a number of others–moving polling places, shortening voting hours–had the intended effect.

Even in the face of massive vote suppression, the Democratic gubernatorial candidate somehow won.Hence the special session to strip the new Governor of authority–and the transformation of North Carolina government into an illegitimate putsch.

As the Times editorialized

This legislative power grab is the latest underhanded step by a state Republican Party desperate to stay in power in a state where demographic changes would normally benefit Democrats. Republicans in North Carolina, a presidential battleground state, have used aggressive redistricting and voting suppression measures that are among the most brazen in the nation to win elections. The courts have blocked some of these efforts, but Republicans have found workarounds, for instance, by limiting voting hours and sites.

Calling what is happening in North Carolina a “legislative power grab” is like calling cancer a “minor illness.” It is a shocking violation of democratic norms, and a frontal attack on the rule of law.

It is one more element in America’s current wholesale retreat from the principles that did make America great.

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Our Tribes, Ourselves

My friend and colleague Art Farnsley teaches in the Religious Studies Department at IUPUI; he also writes sporadic Op-Eds that have appeared in such publications as the Washington Post and Religion News Service.

His most recent one deserves to be widely read. It begins

Students in my college classes start out thinking religious identity and behavior are primarily about ideas. When I ask them about differences between Catholics and Methodists, they respond with differences in beliefs: the pope, contraception and transubstantiation.

These theological differences are real, of course, but I learned long ago that ideas do not create religious identity: They follow from it. My students imagine we pick from a large menu of ideological options and then make decisions about which membership best fits our own ideas.

It does not take long to convince them this “decision” model is badly incomplete. We never start from a neutral position. Our thinking is shaped by where we are born, who raised us and the tribes we call our own.

A number of social scientists are beginning to recognize that “who we are”–what “tribes” shape our identities–explains much more about all of  us, and about our human cognitive processes, than we have hitherto been willing to concede. Tribalism doesn’t just operate in the religious realm. As Farnsley notes,

It’s time to acknowledge that political identity and behavior operate more like religion than many of us care to admit.

This may sound obvious to some, but I learned it the hard way. I have spent too much of my adult life pretending the opposite, that politics is about ideas and we develop our positions through reason, logic and formal argumentation. It’s time I accept the truth: Who we are comes first in politics too.

I just finished reading a recent book by Christopher Achen and Larry Bartels, Democracy for Realists: Why Elections Do Not Produce Responsive Government, that reaches the same conclusion–in their case, via lengthy review of overwhelming amounts of scholarly research. They argue–with copious evidence– that political identity and behavior operate more like religion than many of us want to admit. They also demonstrate that voters adjust their policy views and even their understanding of what is and is not fact to match their tribal identities.

Achen and Bartels include political parties among the tribal loyalties that motivate us. Our choice of partisan affiliation originally depends significantly on affinity, on the belief that “people like me” share more characteristics with one or another political party, but then the partisan affiliation itself becomes an important part of “who we are.”

Assuming the accuracy of these descriptions of political identity–and assuming the country and world survive the Presidency of an unstable and wildly unfit buffoon–Americans will need to think long and hard about the implications of “democratic realism” for the design of our democratic institutions. As Achen and Bartels confirm, there is much of value in our Constitutional system; we need to protect what is valuable, but we cannot do that unless we jettison what they call the “folk theory” of how democratic institutions actually work.

As Art Farnsley notes,

Political operatives of both parties have known for decades that voting behavior is about emotion, intuition and tribal affiliation. It’s about whose status goes up or down. The operatives know who we are.

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Botswana, Micronesia and Us

According to the Pew Research Center’s “Fact Tank,” no other democratic nation elects its President quite the way the U.S. does, and only a handful are even similar.

Besides the U.S, the only other democracies that indirectly elect a leader who combines the roles of head of state and head of government (as the U.S. president does) are Botswana, the Federated States of Micronesia, the Marshall Islands, Nauru, South Africa and Suriname. (The Swiss collective presidency also is elected indirectly, by that country’s parliament.)

At this writing, Hillary Clinton looks likely to win the popular vote by over two million; Donald Trump won the electoral votes of the so-called “swing states” by the thinnest of margins–  a collective hundred and seven thousand votes.

The dictionary definition of “democracy” is “rule by the majority.” Although it is certainly true that America’s system was not originally intended to operate by majority rule (it was instead conceived of as a representative democracy), and it (thankfully!) remains true that our Bill of Rights limits what government can do even with the support of popular majorities, we have changed our electoral system over the years, and we have done so in the name of increasing popular democracy.

In two of the last four national elections, the candidate clearly preferred by a majority of citizens has not become President.

We need to ask ourselves whether America truly wants to move in the direction of genuine democracy, or whether we want to continue a system that privileges the votes of more rural citizens over the votes of urban Americans– a system that decides who will win based  not upon the larger number of votes cast, but upon where a candidate’s voters happen to live.

I fully expect that the elevation of a mentally unstable and monumentally unfit man to the Presidency of the most powerful nation on earth will usher in an era of chaos and social upheaval. I have no idea what will emerge in the aftermath–assuming that there is an aftermath, and that a thin-skinned and vengeful ignoramus in possession of the nuclear codes doesn’t destroy the planet.

If and when we do emerge, we need to decide whether we are committed to democratic decision-making or not. If we are, we have a lot of housekeeping to do.

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Facing Up to Reality

When something absolutely unforeseen challenges your worldview, it is probably prudent to take a step back and re-examine your assumptions.

After the shock of a Presidential election that successfully appealed to festering bigotries and primal hatreds that I naively thought had declined, and after a period of disbelief (and nausea), I made myself take that “step back.” You may or may not agree with my conclusions, but I’d ask you to consider them.

America’s democratic institutions and processes haven’t worked properly for quite some time. All of us can tick off evidence: a Senate that simply refuses to hold hearings on a Presidential nominee for the Supreme Court; legislators’ willingness to petulantly shut down government when they don’t get their way; the widespread, obstinate denial of science and rejection of empirical evidence in favor of policies based upon ideology and/or religious dogma; and of course, the toxic partisanship and racial resentments reflected in the decision of Congressional Republicans to block anything and everything proposed by our first African-American President, irrespective of the merits of any particular proposal. I could go on.

Had Hillary Clinton been elected President, she would have faced the same ferocious, partisan hostility that Obama has had to deal with–but on steroids. Irrational hatred of the Clintons, especially Hillary, is baked into Republican DNA. Not only would she have faced constant, repetitive Congressional “investigations,” several House members were already drawing up Articles of Impeachment. (Why wait for her to actually do something impeachable?)

Meanwhile, lawmakers in both parties continue to block policies seen as threatening to the interests of the oligarchs that effectively control our national and state legislatures. It is irrelevant that large majorities of Americans favor background checks for people buying guns, higher taxes on the rich, a discontinuation of obscene subsidies to oil companies or numerous other measures. Especially at the federal level, the policy preferences that count are those of the big donors as conveyed by their lobbyists–many of whom used to be legislators in the incestuous political stew that is Washington, D.C.

This is not the way a working democracy operates.

Although the self-dealing and the nastiness has unquestionably gotten worse, most of this isn’t new. It has become more visible in the Internet Age, but the inability of our governing structure to deal with a technologically integrated, inexorably globalizing, demographically diversifying modern world has been apparent for decades.

American government does not work as it should, and it hasn’t for quite some time. It certainly hasn’t ameliorated or addressed–or even explained– the dramatic changes that have created economic and social distress among so many of our citizens.

Dissatisfied citizens look for someone to blame. To the extent they blame the status quo in Washington, that’s probably fair enough. Given human nature, however, a lot of our fellow-citizens blame immigrants, African-Americans, Muslims, Jews, “uppity” women…the “other”…for cultural changes that disadvantage them or make them uncomfortable, and for a government that doesn’t work for them.

Social scientists tell us that the two strongest predictors of support for Donald Trump were racial resentment and misogyny.

So now we have a President-elect whose profound ignorance and incompetence is likely to deliver the coup de grace to creaky government institutions and even more likely to exacerbate the social divisions and bigotries he cultivated during the campaign. Whether he serves out his term, or we end up with Mike Pence (a rigid theocrat who is equally incompetent, equally uninterested in the mechanics of governing), all signs suggest we are on the cusp of an era of massive social upheaval.

The question is: when the incommensurate passions triggered by impending conflicts subside, will we be able to construct a fairer, more streamlined and responsive, more (small-d) democratic governing structure, one that is more adapted to the realities of the modern world?

Can we salvage the best parts of our governing philosophy, and create institutional structures that work for all our citizens? Or will four years of authoritarianism and continued exploitation of racial, religious and ethnic divisions leave the oligarchs and white supremacists firmly in charge?

What would a better, more trustworthy American democracy look like?

I have some ideas I’ll share tomorrow. I invite yours.

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Explaining Why “It Depends”

These days, commenting on public policy and the political environment is a mostly depressing slog through various bigotries, misunderstandings, inadequate communications—in a nutshell (and boy, sometimes it is a “nut” shell!), a hot mess.

When I look for an explanation, a common thread that might shed some light on the place we find ourselves, I keep coming back to the unsettled, fragmented and frequently unreliable sources from which Americans get our information, and the seeming loss of what we used to call the journalism of verification.

Obviously, the information landscape is not wholly responsible for all of our various crises of governance, but it sure is implicated in much of it.

The Brookings Institution recently issued a report on the importance of what it called “explanatory journalism.” After noting the wealth of information now available online, and the fact that the internet has enabled unprecedented access to millions of people who didn’t previously have such access.

The digital revolution has laid waste to the 20th century business models of news reporting and publication but even in these early days of the digital revolution, citizens seeking information about politicians, public policy, and government performance have resources never before imagined.

But that, of course, raises the pertinent question:

But how many such model citizens take advantage of these resources to exercise the popular sovereignty and democratic accountability at the core of our democracy? Most citizens are inadvertent consumers of news about politics and government, limited mostly to local television news dominated by crime, traffic and weather, with mere snippets of news related to public affairs, along with emails from family and friends forwarding materials that sound plausible but often are the opposite. Their lives are filled with responsibilities and interests that draw their attention away from election campaigns and policy battles. What little they know and learn about politics is often laden with misinformation and provides little basis for coming to public judgment beyond group identities, tribal loyalties and fleeting impressions of candidates and officeholders.

What citizens know ultimately depends upon the credibility of the information sources they access. If my students are any indication, most of us lack skill in evaluating such credibility–and the opinions of assorted “crazy uncles” and radio shock jocks suggest that  a substantial number of Americans are uninterested in information that contradicts their preferred world views.

The results aren’t pretty. These paragraphs from the report say it better than I could:

American democracy has come under severe strains in recent years. We’ve seen a precipitous decline of trust in its central political institutions, the radicalization of one of its two major political parties, a vehement oppositional politics in Congress that has turned divided party government into a graveyard for nominations, while turning legislative initiatives and congressional oversight into little more than a weapon of partisan warfare. All of this has been capped off with the emergence of a frontrunner for the Republican presidential nomination uniquely miscast for the office whose election would constitute a threat to American democracy and make a mockery of the U.S. leadership position in the world.

The roots of America’s dysfunctional politics are deep and complex. For our purposes here, it is sufficient to say that the media has done little to help the public understand what is amiss. An aggressively partisan talk radio, cable news, web and social media community has fueled a tribal politics that traffics in lies and conspiracies. The mainstream media has handcuffed itself out of fear of charges of partisan bias into antiseptic balanced treatment of both sides in spite of their obvious asymmetries. This pattern of false equivalence has served to reinforce a generalized, inchoate public distemper, one that is vulnerable to radical and anti-democratic appeals.

The question is: what can we do about it?

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