Tag Archives: environment

Let’s Talk About Federalism

Ah, federalism! In the abstract, “laboratories of democracy” and a component of those “checks and balances” the Founders established.

Two hundred plus years later, a mess.

Very few students came into my classes with an understanding of the term or the multiple and often confusing ways in which federalism operates in the 21st Century. (That confusion was clearly shared by the author of a recent Washington Post essay who didn’t seem to understand when state-level prosecutors like Bragg can charge violations of both state and federal laws in a single prosecution. In all fairness, however–as I so often told my students– it depends, and it’s complicated.)

Actually, in addition to gerrymandering, the Electoral College, the filibuster, and the number/ terms of Supreme Court Justices, it’s also past time to revisit and revise the divisions of authority between state and federal governments.

Our relatively strong federal government was founded in reaction to the serious and multiple problems the country experienced under the Articles of Confederation, which gave states far too much authority.  In recent years, however, we seem to have forgotten about the very negative consequences of government fragmentation that prompted the Founders to establish a strong central government.

Obviously, not all policies need to be nationally uniform–there are plenty of areas where local control is appropriate. However, questions about who is entitled to fundamental rights–and what those rights are–isn’t one of them, as the patchwork of approaches to reproductive freedom that’s emerging is likely to demonstrate. Forcefully.

The (belated) application of the Bill of Rights to state and local governments was meant to establish a floor–to ensure that a citizen moving from say, New York to Indiana, would not thereby experience a reduction of her fundamental rights as an American citizen. Justice Alito’s evisceration of the substantive due process clause is–among other incredibly negative things– a step back toward the fragmentation of the Articles of Confederation.

The need for substantial national uniformity isn’t confined to civil liberties. Over the 200+ years of American statehood, the need to rationalize and unify large areas of the law gave rise to the work of the Uniform Law Commission; that body developed the Uniform Commercial Code– a comprehensive set of laws governing all commercial transactions in the United States. It has national application, but it isn’t a federal law–it had to be adopted by each state’s legislature.

As the Commission’s website explains,

Uniformity of law is essential in this area for the interstate transaction of business. Because the UCC has been universally adopted, businesses can enter into contracts with confidence that the terms will be enforced in the same way by the courts of every American jurisdiction. The resulting certainty of business relationships allows businesses to grow and the American economy to thrive.

Commerce is hardly the only area where uniformity is desirable and/or necessary. Federal action in the face of a pandemic would certainly seem to qualify, and before the incompetence and massive ignorance of the Trump administration, the federal government largely directed public health responses to threatened outbreaks.  A lot of people died as a result of Trump’s decision to leave COVID response to the states.

I won’t even address the insanity of leaving gun laws to the states in a country as mobile as the U.S.

Then there’s the environment. ( Air and water don’t stay in Indiana.)

The Indiana Capital Chronicle recently reported on efforts by Indiana lawmakers to give the General Assembly power over decisions that are currently left to state agencies  staffed with experts who implement state and federal environmental laws— a move that  would put Hoosiers’ health and environment in jeopardy.

A sweeping, 54-page amendment was added last week to the administrative rulemaking bill, which additionally seeks to put lawmakers in charge of new pesticide regulations and prevent state environmental regulators from making stricter coal ash rules than federal ones.

Indiana’s legislators already believe they know more than doctors; now they think they’re experts in environmental science. Given their consistent subservience to the state’s utilities, passage of this bill would be a huge step backwards.

No serious student of governance believes that, in a country as large and diverse as the United States, all decisions should be made at the federal level. The question with which we should be grappling is “which responsibilities are properly federal and which matters are properly left to state or local governments?” .

What laws need to be uniform if we are to be the United States of America, rather than a haphazard collection of Red and Blue fiefdoms?

I’m willing to leave zoning decisions up to local municipalities, and a substantial portion of criminal justice measures up to the states. When it comes to guns, the environment or fundamental rights, not so much…

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Following The Money

It was never about improving education.

I’ve posted several times about the World’s Worst Legislature’s continuing assault on public education–an assault defended on grounds that research has soundly debunked. An article from yesterday’s Indiana Capital Chronicle pulled back the (already pretty sheer) curtain on those legislative justifications.

Indiana House Speaker Todd Huston maintained Thursday that virtual charter schools deserve equal funding as their brick-and-mortar counterparts and denied that a virtual education company he consults for would unfairly benefit from an increase in taxpayer dollars proposed in the state budget

The for-profit Stride, Inc. operates seven Indiana-based virtual public, charter and private schools, according to its website and as reported by the School Matters blog. 

Indiana virtual schools like Stride currently receive 85% of the per-pupil state funding that goes to “traditional” public schools. Funding would increase to 100% under the House Republican budget proposal that’s now under consideration in the Senate. 

That means virtual schools stand to get a significant funding boost. For instance, Union School Corporation’s enrollment is almost all virtual, and it will see a 30% increase in total base funding in the first year of the budget. By comparison the statewide average increase in base funding for all school would be 6%.

Based on its current student enrollment, Stride stands to win big, as well — to the tune of some $9 million.

Can we spell “conflict of interest”?

According to the report, Huston is one of at least 15 state lawmakers who provide “professional advice and guidance” to private businesses.

Huston started TMH Strategies Inc. last year, a little more than a month after his high-profile departure from a six-figure role at the College Board, according to his latest statement of economic interest.

He listed his consultancy’s current clients as Fishers-based tech company Spokenote, as well as Stride, Inc. — a for-profit education management organization that provides online curriculum to homeschooled kids and other schools. 

Lest we be tempted to give these lawmakers the benefit of the doubt–lest we be inclined to believe them when they claim to ignore the financial interests of their paying clients when legislating, we need only look at the involvement of a familiar name .

The President of Schools at Stride, Inc. is Tony Bennett — former Indiana Superintendent of Public Instruction before he was defeated in 2012 by Democrat Glenda Ritz.

Huston left Cisco Systems, Inc. in 2009 to serve as Bennett’s chief of staff at the state education department. But he returned to the company in 2010.

The Associated Press detailed Huston’s involvement in the 2012 sale of a $1.7 million Cisco videoconferencing system to the IDOE that officials later determined was a waste of taxpayer money.

Bennett also contributed $15,000 to Huston’s campaign account since 2020.

Many of you will remember Bennett. During his single term as Indiana’s Secretary of Education, he was touted as a “national leader in the Republican effort to overhaul public education.” After his defeat by Glenda Ritz, he was hired as Florida’s Education Commissioner by then-Governor Rick Scott, a post he was forced to resign when the AP reported that while serving in Indiana, he’d changed the state’s evaluation of a charter school founded by a prominent GOP donor.

As a former teacher–I started my professional life as a high school English teacher and later spent 21 years as a college professor–I have multiple reservations about virtual instruction, not to mention the state’s ability to confirm attendance figures reported by such schools. But even if those concerns can be addressed,  virtual schools don’t incur overhead for brick and mortar school buildings–they don’t pay for utilities, janitors and maintenance. They don’t provide school lunches or transportation. Why should they receive the same per-pupil dollars as schools that do incur those expenses? 

I guess the answer is: because they were savvy enough to hire the right “consultant.”

The assault on Indiana’s public schools has been unremitting and enormously damaging, but in Indiana, education isn’t the only policy area where deep pockets are more persuasive than logic, evidence or the public good. 

Again, the Capital Chronicle has the story.

Environmental activists decried the legislative process for two bills Thursday, saying they clearly benefited some of the state’s most powerful while harming the average Hoosier… 

On Wednesday, a House environmental committee opted to add controversial wetlands language to a Senate bill on sewage systems. Because the topic was unrelated and no notice was given, opponents had limited opportunity to give public testimony — a critical part of the legislative process. 

Meanwhile, the state’s biggest utility – and frequent campaign donor – Duke Energy already called upon a court to review a crucial ruling less than 24 hours after the House passed and Gov. Eric Holcomb signed a bill to recover “unexpected” additional costs from customers.

Gee–I wonder why Indiana ranks 43d among the states in education–and why we’re the most polluted…

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Some Encouraging News

Despite my constant negative rants, I have always considered myself an optimist.  That optimism, struggling though it is, leads me to believe that the current cycle of racist backlash and the frantic efforts to turn back the clock by Christian Nationalists is beginning to abate.

Granted, those efforts still pose a considerable threat, but there are signs that the war on modernity is slowly losing ground, and we need to acknowledge them.

What was once a political party with a reasonably cohesive agenda is coming apart. For example, the GOP climate change deniers trying to keep companies from investing or otherwise doing business with environmentally and socially “woke” enterprises are angering longtime Republicans whose businesses are responding to reality–not to mention the demands of  environmentally and socially responsible customers.

Other indicators:

Polls of the electorate show that a majority of young voters identify as Democrats, and that the crazed antics of Congressional Republicans have begun to turn off older voters.

Calls for higher taxes on the obscenely undertaxed wealthy are growing.

The ubiquity of cell-phone cameras has brought increasing urgency–and potency– to the longstanding calls to reform policing and address racism.

Foundations, not-for-profits and others have recognized the danger to democracy posed by local “news deserts” and have been sponsoring new efforts at local journalism intended to remedy the dangerous dearth of information that has resulted.

And in the wider society, we may be seeing less resentment of “elites”– defined as educated Americans. I was particularly relieved to come across this article in Axios about an increase in the number of students studying the humanities.

The pro-STEM movement has gutted high school and college humanities programs — but there’s some evidence of a post-pandemic revival afoot, Jennifer A. Kingson reports.

Why it matters: In academic circles, humanities’ decades-long decline is blamed for the proliferation of falsehoods on social media, crass political discourse, the rise in racism and the parlous state of democracy (not to mention our etiolated vocabularies).

Driving the news: When the University of California, Berkeley, reported an uptick in humanities majors this academic year, there was elation — and shock — at the prospect of a trend reversal.

The number of first-year Berkeley students declaring majors in the arts and humanities — which includes English, history, languages, philosophy and media studies — was up 121% over last year.

The number of high schoolers applying to Berkeley with the intention of studying humanities was up 43.2% from five years ago, and up 73% vs. 10 years ago.
Some other schools — such as Arizona State University and the University of Washington — have also seen a rise in students declaring humanities majors.
What they’re saying: “Students are turning to the arts and humanities as a way to make sense of our current moment,” Sara Guyer, dean of Berkeley’s division of arts and humanities and director of the World Humanities Report, told the university’s news service

Why do I believe that study of the humanities and liberal arts is so important?

“Paradigm” is one of our contemporary, and overused, buzzwords, but it is an appropriate word to use in connection with the importance of the liberal arts, because the liberal arts give us the paradigm we need if we are to function in an era of rapid change.

We inhabit a world that is increasingly global and–despised as some people find the term and the reality it describes–multicultural. A familiarity with human history, philosophy, literature, sociology and anthropology prepares us to encounter, appreciate and survive in that world.

The liberal arts teach us to be rational and analytic in an increasingly irrational age. They teach us to be respectful not just of results but of process–to understand that “how” and “why” are just as important as “what.”

Most important, from my perspective, the study of the liberal arts is based upon a profound respect for the importance of genuine human liberty. The life of the mind depends upon the freedom to consider any and all ideas, information, points of view. It cannot flower in a totalitarian environment. Technocrats can live with Big Brother, but poets and philosophers cannot.

It may be trite, but it is nevertheless true that learning how to communicate and learning how to learn are the essential survival skills. If all one learns is a trade–no matter how highly compensated the particular trade might be–he or she is lost when that trade is no longer in demand. But even if that never happens, lack of familiarity with the liberal arts makes it less likely that an individual’s non-work life will be full and rich.

There is a difference between learning a trade and acquiring an education. That difference is the liberal arts.

So–modest as they may be–harbingers of positive change….

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Some Positive Harbingers

These days, there is so much to complain about, to worry about–and thanks to the Internet, so many voices (including mine) pointing to our social deficits and failures. But there is also good news “out there,” and anyone who isn’t fixated on what’s going wrong can’t help but acknowledge positive harbingers as well as dire predictions.

I receive a number of publications that focus on science and the environment, for example, and reports of breakthroughs are a consistent–for that matter, a daily– feature. Let me just share a few examples of the sort of positive news that rarely makes the front pages of The New York Times or The Washington Post. These are from just one source: Euronews:

A Belgian NGO is using human hair clippings to absorb environmental pollutants.The hair is turned into matted squares, which can be used to absorb oil and other hydrocarbons. The mats can be placed in drains to soak up pollution in water before it reaches a river. They can also be used to deal with pollution problems due to flooding and to clean up oil spills.

In the EU, solar power soared by almost 50 per cent this year (2022).

The IEA reported that the world is set to add as much renewable power in the next five years as it did in the past 20.

London-based start-up Notpla believes it has an answer to our plastic waste problem: a plastic alternative made from seaweed and plants. It’s totally natural, completely biodegradable and can be used to make a range of packaging from bubbles to hold liquid to linings for food containers.

Here in the U.S., despite GOP resistance, President Biden signed the Inflation Reduction Act–a  historic bill that makes the single largest investment in climate and energy in America’s history.

There are many, many more stories of progress, including the important breakthrough on nuclear fusion, which may eventually provide humanity with unlimited–and non-globe-warming–power.

It isn’t just science, or medical science (where equally impressive progress continues to be made). Even in our fraught politics, there are bright spots. The election of Lula to replace climate denier Bolsonaro in Brazil may save the rest of the  critically-important Amazon rainforest from further destruction.

Fareed Zakaria argues that there are signs that the coming year will finally see a decline in the global populism that threatens democracies worldwide.

Zakaria begins by describing the current travails of the GOP, which are likely to prevent the party from doing anything substantive, including damage. He then writes:

The Republican Party’s troubles are severe. Newt Gingrich told Axios that the party is in its worst shape in almost six decades. But it is not alone. In many countries around the world, populists are flailing.

Look at Britain, where Brexit — perhaps the ultimate 21st-century populist cause — has caused havoc within the Conservative Party, which used to be described as the world’s oldest and most successful political party. Britain has had five prime ministers in the six years since 2016; the prior five prime ministers spanned more than 30 years. The self-defeating decision to exit its largest market, the European Union, continues to depress the country’s economic prospects, and it remains the weakest of the Group of Seven economies. In the Group of 20, only Russia is projected to do worse than Britain in the near future…

In the recent elections, Australia’s conservatives suffered their worst loss ever, and the even more extreme United Australia and One Nation Parties did poorly as well. The new Labor prime minister enjoys an extraordinarily high approval rating.

Even in Argentina– a hotbed of populism since Peron–the populist movement is at its lowest ebb.

Zakaria explains these setbacks for the movement by reminding readers that populism is essentially an opposition movement. Populist politicians denounce the “establishment” or the “elites,” encourage fear and promote conspiracy theories. Their  promises are emotional rather than practical–build a wall, ban immigration, stop trade.

But once in government, the shallowness of its policy proposals is exposed, and its leaders can’t blame others as easily. Meanwhile, if non-populist forces are sensible and actually get things done, they defang some of the populist right.

Look at the United States, where President Biden’s moderate style, serious demeanor and practical policymaking have given him large legislative accomplishments without triggering a massive electoral backlash. Now, he does benefit by being an old, White man. Had Barack Obama enacted the same policies, I have a feeling we would be hearing much more talk of Obama’s dangerous socialism and un-American policies, complete with racial innuendos.

As Zakaria notes, the world’s problems are complicated, and there will always be activists proposing solutions that are “simple, seductive and wrong.” But there are hopeful signs; 2023 could be the year the fever begins to break.

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Watch This!

A friend sent me a link to a short–only ten minute–TedTalk by Al Gore. (If only the Supreme Court hadn’t given us George W…)

This is so powerful, I’m using it for today’s post.Be sure to watch all the way to the end.

Watch this!

I’ll be back with one of my usual diatribes tomorrow. And don’t forget to register for Women4Change’s inaugural Civic Education Conference on October 6, 2022, in the Clowes Auditorium of the Indianapolis Public Library, 40 East St. Clair Street, Indianapolis, Indiana.

You can learn more about it and register here.

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