Women Are Always The Ones Cleaning Up….

The revelations about Harvey Weinstein–not to mention Bill Cosby, Donald Trump and a growing cast of other characters–have seemingly opened floodgates of pent-up female anger. The #metoo hashtag on social media, and the daily reports of confessions and accusations have been accompanied by a veritable tsunami of rage and recrimination.

Sex sells newspapers (or as we say these days, motivates clicks). But the attention paid to the problem isn’t just a way to sell media;  the revelations are clearly newsworthy, and the anger is justifiable. Most women–especially those of us who entered the workforce as so-called “pioneers”– can relate. We all have our stories, and I’m not exempt. On the other hand, we’ll be making a big mistake if our focus on sexual predators and harassment stories distracts from the emergence of another important wave of bipartisan feminine activism.

I think it is fair to say that a huge number of American women saw the 2016 election results as an existential threat to women’s equality and the well-being of our children and grandchildren.

The Women’s March was the first signal that–like Howard Beale in “Network”–we were “mad as hell and not going to take it anymore.” It was just the beginning.

Last weekend, I moderated a couple of panels in a day-and-a-half training event called “Ready to Run.” It was geared to women interested in running for public office at any level, and sessions explored the basics of a political campaign: research, fundraising, messaging. A couple hundred women from all over Indiana filled the ballroom at Hine Hall on the IUPUI campus: they were Republicans and Democrats and Independents, white and black and brown, Muslim, Christian and Jewish. Most had never run for or held political office–or thought they ever would.

But they were thinking about it now. Seriously.

What struck me about the attendees and their interactions and questions was a repeated emphasis on what they wanted to accomplish: a government characterized by civility and integrity–two words I heard over and over.

There’s an old saying in political circles to the effect that men run for office because they want to be someone, and women run because they want to do something. That’s obviously an unfair generalization, but the women I met at Ready to Run (like those working through Women4Change, one of the day’s sponsors) clearly want to make government work again. They understand government’s importance; they also understand that making government work properly will require research and knowledge–a familiarity with the operations of the agency or branch they propose to join, certainly, but also an understanding of the “big picture.” They are willing to study, to do the work necessary to acquire what I’ve sometimes called “constitutional competence”–a genuine understanding of our American approach to self-government.

Right now in Indiana, women have announced their candidacies for several Congressional seats and a number of legislative ones. Others are considering running for local school boards and city councils. If even a third of the attendees at “Ready to Run” follow through and win offices, we will see some pretty profound changes in Indiana. Even those who lose, however, will elevate the conversation and hold incumbents accountable.

Right now, a lot of women have just had it–both with the sexual predators who make it hard to do our jobs, and with the preening and power-hungry politicians who are more invested in their own importance than in making government work for its citizens. And when women have had it, things change.

It’s like that refrigerator magnet says: When momma ain’t happy, ain’t nobody happy.

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When Evidence Isn’t Reliable

How do we know what we know? Who can we trust?

It’s bad enough that an American President constantly attacks reputable sources of information; when Trump asserts that reports unflattering to him are “fake news,” those assertions join–and bolster– widely-held doubts about the reliability of contemporary media. Those doubts are understandable; it is increasingly difficult to separate out the conspiracy-theory websites from legitimate digital newcomers, to recognize and discount sources trafficking in spin and outright propaganda, and even to distinguish between objective reporting and satire.

The unremitting assault on fact, on objective reality, makes the reliability of the information we get from government agencies more important than ever. When Scott Pruitt scrubs accurate science from the EPA website, he does more than degrade our efforts to protect the environment–he adds to the Alice-In-Wonderland nature of our shared reality.

Unfortunately, it isn’t just Scott Pruitt. The problem isn’t even limited to the Trump cabinet.

According to the Guardian (a very reputable source)

Over half of all police killings in 2015 were wrongly classified as not having been the result of interactions with officers, a new Harvard study based on Guardian data has found.

The finding is just the latest to show government databases seriously undercounting the number of people killed by police.

“Right now the data quality is bad and unacceptable,” said lead researcher Justin Feldman. “To effectively address the problem of law enforcement-related deaths, the public needs better data about who is being killed, where, and under what circumstances.”

This article underscores the importance of good journalism–the Harvard study used data compiled in the Guardian’s investigative reporting. It also illustrates the consequences of relying upon bad data.

Feldman used data from the Guardian’s 2015 investigation into police killings, The Counted, and compared it with data from the National Vital Statistics System (NVSS). That dataset, which is kept by the Centers for Disease Control and Prevention (CDC), was found to have misclassified 55.2% of all police killings, with the errors occurring disproportionately in low-income jurisdictions.

“As with any public health outcome or exposure, the only way to understand the magnitude of the problem, and whether it is getting better or worse, requires that data be uniformly, validly, and reliably obtained throughout the US,” said Nancy Krieger, professor of social epidemiology at Harvard’s Chan School of Public Health and senior author of the study. “Our results show our country is falling short of accurately monitoring deaths due to law enforcement and work is needed to remedy this problem.”

Interestingly, the researchers found that the accuracy of the data varied wildly by state, “with just 17.6% misclassification in Washington, but a startling 100% in Oklahoma.”

In 2015 the Guardian launched The Counted, an interactive, crowdsourced database attempting to track police killings throughout the US. The project was intended to help remedy the lack of reliable data on police killings, a lack that became especially visible after the 2014 unrest in Ferguson put policing in the national spotlight.

Other federal databases, including the Bureau of Justice Statistics’ (BJS) arrest-related death count and the FBI’s supplementary homicide reports were similarly criticised for severely undercounting police-related deaths. Both programs have been dramatically reworked since The Counted and similar media/open source databases forced officials such as the former FBI director James Comey to admit that newspapers had more accurate data than the government on police violence.

To state the obvious, policymakers cannot craft good laws or regulations in the absence of sound data. Citizens confronted with experiences at odds with government’s descriptions lose confidence in that government. Discrepancies between reality and government reporting feed conspiracy theories.

When we don’t know what we know, we cannot act.

Other than patronizing news sites we know to be trustworthy, there’s not much we can do about the proliferating media wannabes spouting fantasies and disinformation. But we should be able to insist that government agencies charged with compiling and disseminating factual data do so accurately. We aren’t likely to get that done in the Age of Trumpian Fantasy, but when the time comes to clean up the incredible chaos he is creating, a commitment to accurate data collection by government should be high on our cleanup list.

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Reality Bites….

It’s really a shame that American policymakers are so allergic to evidence, because we have recently had a couple of natural experiments testing the GOP’s most fervent economic ideologies, and we could learn a lot from both of them.

Most people who follow the news are aware of Sam Brownback’s effort to make Kansas a shining example of economic growth to be achieved by drastic reductions in state taxes. To say it didn’t go well would be an understatement. Eventually–after brutal cuts to public education, infrastructure and public services and no sign of the promised offsetting economic growth–more rational Republicans in the state legislature forced him to accept tax increases.

Fewer people are aware of an even more dramatic experiment in Colorado.

The story began with the 2008 recession; like many other municipalities, Colorado Springs was experiencing fiscal distress.

To fill a $28 million budget hole, Colorado Springs’ political leaders—who until that point might have been described by most voters as fiscal conservatives—proposed tripling property taxes. Nearly two-thirds of voters said no. In response, city officials (some would say almost petulantly) turned off one out of every three street lights. That’s when people started paying attention to a city that seemed to be conducting a real-time experiment in fiscal self-starvation. But that was just the prelude. The city wasn’t content simply to reject a tax increase. Voters wanted something genuinely different, so a little more than a year later, they elected a real estate entrepreneur as mayor who promised a radical break from politics as usual.

For a city, like the country at large, that was hurting economically, Steve Bach seemed like a man with an answer. What he promised sounded radically simple: Wasteful government is the root of the pain, and if you just run government like the best businesses, the pain will go away. Easy. Because he had never held office and because he actually had been a successful entrepreneur, people were inclined to believe he really could reinvent the way a city was governed.

Bach promised to transform city government, making it work for everyone without tax increases. (Sound familiar?) He promised to do away with the personal property tax for businesses and to reduce the time needed for developers to get permits. He promised that these and his other “businesslike” measures would promote job growth–he promised 6,000 new jobs a year. He sold himself as an outsider fighting the city’s “regulatory agency mind-set.”

“Sixty Minutes” and “This American Life” covered the election and the town’s new “business friendly” governance. We haven’t heard much from the media since then, and it turns out that a lot has changed. As Politico noted, “seven years after the experiment began, the verdict is in—and it’s not at all what its architects planned.”

It turned out that putting people who don’t understand government in charge of government isn’t a formula for success. The new mayor fired people who had institutional memory and governing expertise; deferred critical infrastructure maintenance, and quarreled with the City Council when its members had the nerve to act like a co-equal branch of government rather than as his subordinates. The promised job growth didn’t come. Chaos did.

The next election, Colorado Springs elected as mayor a man who  had spent his entire professional life in government.

It’s still a conservative town. Donald Trump beat Hillary Clinton by more than 22 points in Colorado Springs’ El Paso County. But even with that “small-government mind-set,”

[T]hree times in his first two years as mayor, Suthers has gone to voters either proposing a new tax or asking to keep extra tax revenue. By overwhelming margins, he has now persuaded the supposedly anti-tax zealots of Colorado Springs to commit $250 million to new roads, $2 million to new park trails and as much as $12 million for new stormwater projects.

What has all this “wasteful” government spending done to economic growth? Some 16,000 jobs have been created in the past 24 months, and unemployment is at 2.7%.

Amazing as it may seem, running a government requires different skills than running a business–and fiscal prudence is not a synonym for low or no taxes.

Who knew?

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Your Answers?

This is the time of year that professors both love and hate–the semester is coming to an end, and most of us are very ready for that, but it is also when lengthy research papers are due and final exams given.  Those papers and exams must be graded  (and unfortunately, those grades must often be defended to students convinced that their efforts entitled them to higher marks).

I give students in my law and policy classes a take-home final. That’s partly to make up for a pretty brutal midterm, and partly to see whether the materials and concepts we’ve covered have caused them to think critically about the enterprise of government and the elements of good policy. Has the class helped them fashion a coherent philosophy of governance? Has it given them an appreciation of the complexities involved and skills required?

Here are the questions I have given them this semester; they were to choose one and write an essay responding to that choice. How would you answer them? (I won’t grade readers’ answers…promise!)                                                       

  1. Earth has been destroyed in World War III. You and a few thousand others—representing a cross-section of Earth’s races, cultures and religions—are the only survivors. You have escaped to an earthlike planet, and are preparing to establish a new society. You want to avoid the errors of the Earth governments that preceded you. What institutional choices do you make and why? Your essay should include: The type/structure of government you would create; the powers it will have; the limits on its powers, and how those limits will be enforced; how government officials will be chosen and policies enacted; and the social and political values you intend to privilege.

2. The First Amendment protects religious liberty. Over the past few years, Americans have engaged in heated public debates about the nature and extent of that liberty. Some people argue that requiring employers to provide health insurance that includes contraception, or requiring businesses like florists or bakers to serve same-sex customers, is a violation of the religious liberty of those whose religions teach that contraception or homosexuality is a sin. Others disagree. What is the proper definition of “religious liberty”—that is, how far should the free exercise of religion extend in America’s diverse religious landscape? What religiously-motivated actions can government legitimately limit, and what are the justifications for those limits?

3. Donald Trump’s campaign slogan was “Make America Great Again.” Without addressing the personal characteristics of either candidate in the November election, and without opining whether America was or was not greater in the past, describe the characteristics, values or other attributes that you believe make a country “great.” In other words, what are the attributes of a great country? How does it behave toward its own citizens and toward other countries? What changes to current American policies or laws do you believe are needed to achieve greatness as you define it?

Go!!

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Persecuted? Puh-leese

Imagine you and three friends rent a house together. You all pay your shares of the rent, maintenance, utilities and food costs. One of your roommates is vegan, and insists that no food can be purchased or brought into the house that does not meet strict vegan requirements.

If you protest, saying that you are happy to keep your preferred foods separate, but that as an equal contributor to the household, you have a right to eat in accordance with your own dietary preferences, he whines that you are persecuting him.

Most of us would say that the roommate is being an unreasonable bully. Yet his argument is no different from that of the “Christians” who demand laws that privilege their beliefs while ignoring the rights of those whose beliefs differ.

Hemant Mehta over at The Friendly Atheist has a perfect example.

The Florida High School Athletic Association (FHSAA) has a simple rule when it comes to reciting Christian prayers over the loudspeakers before football games: Don’t do it. It’s a fair policy considering it echoes what the U.S. Supreme Court said more than 16 years ago.

Last year, two Christian schools made it to the championship game, which would be played in a government-owned arena, the Citrus Bowl. The coach of one of the teams asked to say a prayer over the arena’s loudspeaker. Because the Citrus Bowl is a public facility, the FHSAA refused, and a Christian “defense” group sued. As Mehta noted,

The state didn’t do anything wrong. They didn’t block kids from praying. They merely said a public loudspeaker in a public facility couldn’t be used to broadcast prayer during a state event. This isn’t hard to understand unless you work for a Christian legal group, and your paycheck requires you to scream “Persecution!!!” three times a day…

The Establishment Clause of the First Amendment prohibits government from endorsing or sponsoring religion. The Free Exercise Clause prohibits government from interfering with private religious expression. As Mehta quite accurately explained,

This game was overseen and managed by the state, even if Christian schools were involved, and that meant following state law. Both teams were obviously allowed to pray before the game, and after the game, and during halftime, and silently whenever the hell they want. They could pull a Tebow during the game if they wanted to. And because they were private schools, the coaches could legally join in.

The lawsuit argued that just giving the schools this expansive right to pray wasn’t enough:

By denying access to the loudspeaker,” the suit states, “the FHSAA denied the students, parents and fans in attendance the right to participate in the players’ prayer or to otherwise come together in prayer as one Christian community.”

Evidently, prayer only counts when it’s Christian, and done publicly and loudly.

A couple of quotes from representatives of Freedom From Religion are worth sharing:

Their right to their own religious prayer practice ends where the rights of non-adherents begin, especially as it involves students. To think that the government should be required to concede to this demand is arrogance of highest order. Would they sit still for Muslim or Hindu prayers over the loudspeakers should such a group field a championship football team? Would they want the government to effectively endorse those religions through such largess?

Cambridge Christian is within its rights to force prayers on students and parents over its own loudspeakers, but not at a state-sanctioned high school championship. We hope the court will see that this is not a matter of censorship, but the appropriate use of a public facility for a secular sporting event and not a religious revival.

The libertarian principle that underlies our Constitution gives each of us the right to “do our own thing,” so long as we do not thereby harm the person or property of others, and so long as we are willing to give an equal right to others.

Forbidding government from privileging certain religious beliefs over others is not censorship, and demanding respect for the “equal right” of all citizens (or roommates) is not “persecution.”

It’s time for religious bullies to get over themselves.

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