Good News On Guns?

There is so much about the world I inhabit that I don’t understand.

I’ve repeatedly posted about my inability to get my head around support for an ignorant, obviously deeply mentally-ill candidate for president, for example. I mean, what in the world do people see in a self-engrossed buffoon given to bizarre, nonsensical rants that makes them want to give him control of the nuclear codes?

There are other aspects of American life that I find equally incomprehensible, and one of them is Americans’ gun fetish, which has given us repeated, horrific mass and school shootings.

In some ways, the problem with gun ownership is the thornier of the two: we can get rid of Trump by electing his sane and intellectually superior opponent, but even if we changed gun laws tomorrow–outlawing, for example, the personal ownership of assault weapons–we would still be faced with the fact that millions of Americans already own millions of weapons.

Many of those weapons, to be sure, are in the hands of responsible people–sportsmen, adults aware of and compliant with safety measures–but research suggests that a vastly disproportionate number are in the possession of far-Right conspiracy theorists and looneys styling themselves as “militia” members.

We are never going to be able to get rid of those millions of weapons. Even those of us who marvel at the current, clearly ahistorical acceptance of a dramatically-enlarged application of the Second Amendment nevertheless recognize that the Amendment would not allow broad confiscation of guns.

It is a thorny problem, and as with so many difficult issues, progress will inevitably be incremental. That said, there are encouraging signs that at least some progress is being made. Back in April, Daily Kos reported on the woes of the NRA.

Early this year, Wayne LaPierre resigned ahead of a trial over his flagrant misuse of the organization’s funds to “treat himself to yacht trips, African safaris, and regular use of a private jet.’

In the wake of LaPierre’s resignation, the organization has reportedly descended into infighting. Finding a new leader has proven so difficult that not even Donald Trump Jr., who spent years talking himself up as the NRA’s next leader, is willing to take the job. Or at least, he says he wouldn’t, though no one has actually asked him to step in.

Leadership aside, the NRA now has only a fraction of the funds they had to sling around in past election seasons. They’ve declined from the $50 million they put into races in 2016 to only $11 million in their PAC and SuperPAC combined as of the last filing. Membership is also down by over a million, to around five million, which is half the goal LaPierre set for 2023 a decade ago.

And that’s not all that’s declined. So have gun sales. So what does that mean for the gun lobby?

The financial troubles (and thus the waning influence) of the NRA is very good news, because that organization was able to block reasonable firearms policies. As the article notes, other gun organizations aren’t able to exert the lobbying heft of the NRA.

With the NRA fading, there are other gun lobby groups working to gain more influence. However, none of them seem to have the level of influence, extensive finances, and highly effective lobbyists that the NRA had a few years ago. Those other organizations haven’t spent decades nurturing relationships with both politicians and deep-pocketed donors. The decline of the NRA seems like a genuine moment of weakness in the pro-gun lobby.

The article concludes with the hopeful proposition that–despite “stupid state laws”– “America may have passed ‘peak gun.” That’s probably too optimistic. On the other hand, it implicitly recognizes the importance of culture–and culture change– when dealing with issues that can seem intractable.

The reason the culture wars have flared so intensely these last few years is that frightened people have recognized the overwhelming threat to White Christian male dominance posed by the changes they are seeing in public opinion. America’s culture warriors are desperately trying to stop the growth of newly inclusive attitudes, evidenced by acceptance of women and gay folks and people of color, and the rejection of rules based solely upon the doctrines of favored religious denominations.

Those frightened “warriors” are the ones clinging to their “Second Amendment right” to own an AR-15. As their numbers diminish, so will the public safety danger posed by angry men (almost all mass killers are male) who want to stop the spinning of a world that is changing in ways that they believe disempower them.

It’s far from a perfect solution, but at least the culture change on guns seems to be heading in the right direction.

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Why And How Women MUST Vote In November

As some Indiana readers of this blog probably know, one of my volunteer activities is with a relatively new organization, Women 4 Change Indiana. The organization was founded in the wake of the 2016 election that put a mentally-ill, racist misogynist in the Oval Office. It works to improve Hoosier governance, opposing gerrymandering, engaging in a variety of civic education efforts, and–in the weeks and days leading up to elections–to get out the vote.

Recently, I was tasked with producing brief–but hopefully compelling–messages about the importance of women’s votes. Women 4 Change highlights those reasons on its website, and (in case you’ve missed them) I’ve compiled them below.

For women, especially, the upcoming election is about one over-riding issue: what is—and isn’t– government’s business? The Dobbs decision did more than allow legislatures to eliminate women’s reproductive rights; it challenged the longstanding constitutional doctrine that there are certain things individual citizens get to decide for ourselves. That doctrine—called “substantive due process” or “the right to privacy” prevents government from making decisions that should be left up to the individual: what you read, who you marry, whether, when and to whom you pray, what political opinions you hold. In answer to the question “who decides?” the current Supreme Court says “government.”

In the upcoming election, women especially need to vote for candidates who will support the return of America’s traditional, non-partisan judiciary. When ideological or corrupt judges are on the bench, women and minorities suffer, and the public loses respect for the legal system and the rule of law.

Since polling shows that large majorities of Americans—especially women– care about gun violence, women should take care to explore candidates’ positions on guns and gun ownership. What do the candidates say about the “right” to own and carry assault weapons? Do they support “red flag” laws that keep guns out of the hands of dangerous individuals and perpetrators of domestic violence? Do they oppose reasonable background checks?

Americans are already experiencing the effects of a warming planet. Women who worry about the livability of the world we’re leaving to our children and grandchildren need to vote for candidates who support government’s efforts to combat climate change, and need to oppose candidates who are trying to slow the transition from fossil fuels to clean energy.

In order to leave our children and grandchildren a better world, women need to withhold support for candidates giving aid and comfort to racism, anti-Semitism, misogyny, homophobia and all the other “isms”–the bigotries that divide Americans into armies of “us” and “them.” Real Americans understand that people should be evaluated on the basis of their behavior, not on the basis of their gender, religion, sexuality or skin color. (When I sent this particular part of the text to the organization, I suggested additional language to the effect that every group is a mixture of good people and assholes, but for some reason, they didn’t include that language…)

Mothers and fathers both have important stakes in the operation of their public school systems—especially in maintaining and protecting the professionalism of teachers and librarians. Women are disproportionately harmed when religious fundamentalists take control of school boards and libraries, because the books that are censored when that occurs are most often those that portray “non-traditional” families in a positive light, but everyone is harmed when teachers are told what they can and cannot teach, and the entire student body is prevented from accessing library books that may offend some citizens.

Quite obviously, these reasons to vote also apply to men–at least the ones who aren’t terrified of living in a world they have to share with females, gay folks and people of color…

Women4Change is non-partisan, so the organization confines its messaging to pleas to turn out– exhortations to vote for the candidates of one’s choice. This blog  most definitely does not operate under that constraint. Every one of the above reasons is a reason to vote Democratic. The Grand Old Party I once worked for has disappeared, and the cult that has replaced it is wrong on every single one of these issues–and plenty of other issues as well.

I’ve given up trying to understand the people who look at today’s Republican candidates– in thrall to a narcissistic ignoramus and his legions of bigots who want to return us to the 1950s — and say “Yep, those are my guys!” I only know that those of us who haven’t drunk the Kool Aid need to vote–and we need to drag our sane friends and relatives to the polls with us.

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Speaking Of Bad Choices

One of my sons lives in Amsterdam, so when I come across a headline featuring that city, I generally take more than a cursory interest in the report that follows–especially when that report confirms my own impressions.

And especially when the implications confirm my policy conclusions.

A recent article by Jennifer Rubin in The Washington Post hit both of those targets. Rubin began by recounting how, on a recent visit to Amsterdam, she’d walked back to her hotel late on a weeknight. It was a pleasant evening, and a relatively long walk, yet she never felt nervous or unsafe. She acknowledged that there are many New York neighborhoods in which she also feel safe, but unlike her Amsterdam experience, her feeling of security there was largely “because police are everywhere. Visible on the street, in cars, on horseback.”

The experience led her to consider the very different approaches to crime chosen by policymakers in the Netherlands and the U.S.–beginning with gun ownership.

In the Netherlands, there are roughly 2.6 guns for every 100 people; there are more than 120 guns per 100 people in the United States. In the Netherlands, it is very, very hard to get a gun; in the United States, it is ridiculously easy to get guns. In fact, according to a report by Mariel Alper and Lauren G. Beatty in the Bureau of Justice Statistics, roughly “21% of state and 20% of federal prisoners said they possessed a gun during their offense. … About 29% of state and 36% of federal prisoners serving time for a violent offense possessed a gun during the offense.

In the Netherlands there are about 27 gun homicides a year. Not 27 per 100,000. Total. In the United States, the Pew Research Center reports, 48,830 people died from gun-related injuries in 2021. (The U.S. population is about 20 times that of the Netherlands; U.S. gun homicides are more than 1,777 times the number in the Netherlands.)

The differences go well beyond gun policy; Rubin reports that the Dutch don’t incarcerate people for drug addiction, for example, a decision that has allowed them to lock up far fewer people. She cites a report from the Guardian,

“Since 2014, 23 prisons have been shut, turning into temporary asylum centres, housing and hotels. … The number of prison sentences imposed fell from 42,000 in 2008 to 31,000 in 2018 — along with a two-thirds drop in jail terms for young offenders. Registered crimes plummeted by 40% in the same period, to 785,000 in 2018.”

By contrast, a report from the Prison Policy Initiative found that in the United States, “Drug offenses still account for the incarceration of over 350,000 people, and drug convictions remain a defining feature of the federal prison system…. As a result, “Drug arrests continue to give residents of over-policed communities criminal records, hurting their employment prospects and increasing the likelihood of longer sentences for any future offenses.” In short, the United States has 163 times the number of incarcerated people as the Netherlands, more than eight times as many per 100,000 people.

And–just as with our other policy choices (health care comes immediately to mind) our choices have been and continue to be expensive. The United States spends some $300 billion annually on policing and incarceration. And as Rubin points out, that’s just the tip of the iceberg. Overpolicing and over-incarceration costs include lost earnings, adverse health effects, and damage to the families of the incarcerated. Those social costs are estimated to be three times the direct costs.

And none of those fiscal consequences include the ongoing, negative social effects of disproportionate policing of Black and White citizens…

The public safety choices we’ve made might be defensible, if the result was to make Americans safer than the Dutch. But–you knew this was coming, didn’t you?–that clearly isn’t the case. As Rubin says, “Our choices have not made us safer and have cost us dearly.”

In real terms, the U.S. criminal justice system and ubiquitous guns require an industry — ambulances, emergency room personnel, police, courts, judges, prisons, lawyers, private security and more — that the Dutch system does not. As I walked down the streets of Amsterdam, I imagined what we could have bought with the money we spend on the criminal justice system: universal college education, universal medical care, a strong social safety net.

Bottom line: American policy choices feed a “criminal justice industry”–without doing much to eliminate crime. As Rubin writes, different criminal justice policies “very likely could allow us to spend less money, lower incarceration rates, reduce the human and opportunity costs, and increase personal safety.” She says we have the system we do because we’ve “fetishized guns, criminalized addiction, neglected mental and emotional health, and resisted addressing social factors driving crime.”

We could make better choices–but that would require a clear-eyed look at the consequences of the choices we’ve made.

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A Primal Scream

Notice: I was interviewed for a podcast (“What the Gerrymander”) that will drop at midnight tonight. You can find it here, if interested: https://podcasts.apple.com/us/podcast/what-the-gerrymander/id1668429440

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Wanda Sykes has the ability to be both funny and a dead-on critic of social insanity. A recent quip making the rounds on social media will illustrate: “Until a drag queen walks into a school and beats eight kids to death with a copy of ‘To Kill a Mockingbird,’ I think you’re focusing on the wrong shit.”

The quote perfectly encapsulates what frustrates and angers the vast majority of Americans– people posturing as “pro life” and insisting that their censorship and homophobia are intended to “protect children,” while adamantly opposing rational gun regulation.

The priorities of the Right don’t just seem incompatible to most of us, they increasingly seem incomprehensible. But a book I recently read, suggested by a commenter to this blog, gave me a better understanding of the context of today’s culture wars and those who fight them. It was Stephen Prothero’s Why Liberals Win the Culture Wars (Even When They Lose Elections).

Prothero filled in some details of U.S. history that I’d previously missed. For example, I knew that Thomas Jefferson was criticized for his departures from orthodox Christianity, but I had not previously understood how incredibly widespread and vicious that criticism was. As a member of a marginalized minority, I was aware that American Catholics had also been subjected to significant discrimination–but I had no idea of the extent and duration of America’s anti-Catholicism. A colleague who studied Mormon history had clued me in about anti-Mormonism, but–again–I had been unaware of the extent of the cultural animus focused on Mormons.

These and other revelations really did provide a context–and predicted outcome– for our current cultural battles.

As Prothero points out, it is almost fore-ordained that the “liberal” side (the forces militating for inclusion and acceptance–i.e., the “woke” side) will win such conflicts. That’s because these “wars” only begin when the people waging them realize they are already close to losing–that the social environment is already significantly changed from the certainties with which they are comfortable, and within which they are privileged.

For some number of Americans, that loss is terrifying and unsupportable.

In analyzing partisan jockeying for the upcoming election, Jennifer Rubin identified  positions being taken by the GOP–on abortion, guns, and LGBTQ+– issues that clearly repel a majority of Americans, and explained that “Voters enthralled with turning politics into primal scream therapy don’t much care about a viable agenda or electability.”

Bingo!

Together, Rubin and Prothero explained what I previously found incomprehensible. For those of us who expect rational behavior by partisans engaged in an electoral contest, the recent trajectory of the Republican party has been mystifying. After all, it isn’t that Republican strategists don’t know that abortion bans, for instance, are costing them elections; as a recent Roll Call article reported.

The generic ballot has shifted toward Democrats, with Republicans losing ground among independents on the abortion issue, according to a new polling memo from a GOP firm that fell into Democratic hands.

“There has been a 6 point swing in the last year on the Generic Senate ballot from R+3 to D+3. This movement is [led] overwhelmingly by Independent and NEW voters that identify abortion as one of their top issues,” according to a “National Issue Study” by co/efficient, which was in the news recently as one of the pollsters for Kentucky Republican gubernatorial nominee Daniel Cameron.

The poll, conducted April 20-24, had similar findings on the House side. “There has been a 10 point swing in the last year on the Generic House Ballot from R+6 to D+4. This movement is [led] overwhelmingly by Independent and NEW voters that identify abortion as one of their top issues,” it said on slide seven. “Reproductive Freedom is the #1 issue among those that DID NOT vote in 2020.”

Other polling has confirmed the negative response of voters to efforts to demonize drag queens, attack trans youth, censor books and turn librarians into felons. These are not rational policy positions for a political party aiming to win elections. Given sufficiently large turnout by opposition voters, not even extreme gerrymandering and the Electoral College can save GOP control.

Prothero’s book, Sykes’ quip, and Rubin’s observation all point to the same conclusion. As Prothero put it, America’s intermittent culture wars only begin when the warriors realize they are on the cusp of losing.

What we are experiencing right now is their “primal scream.”

“Woke” folks will win the culture. The danger, however, is the considerable harm that will be done in the meantime in places like Indiana where Republicans pandering to the screamers remain in power.

Absent massive turnout by Democrats, independents and new voters, rational Americans can still lose the vote.

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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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