Tag Archives: Indiana

Abuses of Power

For the past couple of months, I have been watching the political shenanigans in Wisconsin, Indiana, Ohio, Michigan, Maine and elsewhere with increasing disbelief, trying to figure out what has prompted such disdain for civility, democratic process and  individual rights.

In the latest bizarre twist from Wisconsin, the Governor and GOP leadership simply ignored an order of the federal court. The court had issued a stay of the law repealing collective bargaining rights, pending an evidentiary hearing on whether it had been passed in a manner consistent with the state’s open door law. The legislature could have abided by the order, or it could have held another vote, after proper notice. Instead, those in charge decided to thumb their noses at a court order.

The belligerent and tone-deaf Governor of Maine unilaterally decided to erase a mural that he didn’t like. It was on the walls of the state’s Department of Labor, and portrayed the history of the labor movement.

In Michigan, the Governor has proposed–and the legislative majority has apparently approved–a bill that gives him unprecedented, nearly dictatorial powers of the sort not seen in the United States (probably because those powers appear to conflict with our constitutional system of checks and balances).

In Indiana, the Republicans who now control both houses have been indulging in some of the most vindictive lawmaking we’ve seen. (A former student of mine who has been lobbying this session recently characterized the chamber as “the Hatehouse.”)  They are busily passing measures to marginalize gays, harass immigrants, and make it difficult if not impossible for women to control their own reproduction. (During arguments over the imposition of a three-day waiting period before women can obtain an abortion, a woman legislator asked that an exception be added for cases of rape; the sponsor angrily responded that such an exception would be a ‘major loophole’ because women would all claim to have been raped! The proposed amendment was then voted down.)

I could go on and on, unfortunately. But the larger question is: what is going on? What explains this epidemic of bullying?

I don’t know if I can explain the “why” of all this, but I think I can characterize the “what.”

One of the goals of this nation’s founders was memorably related by John Adams, who explained that the Constitution was intended to establish a nation of “laws, not men.” We would have a country where the rule of law trumped the exercise of raw power. No one was to be above the law, and the purpose of the law was to limit the ability of those in power to abuse that power. What we are seeing is what happens when people elected to office behave like thugs, using their positions for personal and political aggrandizement rather than for the common good.

The people elected in 2010 talk a lot about the constitution, but their actions betray their absolute ignorance of its central purpose.

Comments

What If They Held an Election, and Reasonable People Came?

This has been a pretty contentious session of the Indiana legislature, and one of the most divisive proposals has been the renewed effort to include a ban on same-sex marriage in the Indiana Constitution.

The amendment is really just a gratuitous effort to marginalize gay citizens, since we don’t have same-sex marriages in Indiana. Proponents want a vote on the issue, not because it is appropriate in our system to vote on other citizens’ fundamental rights–it isn’t–but in order to make clear that the majority of citizens in Indiana don’t like gay people.

They may be too late.

Indiana Equality Action recently commissioned a poll of Indiana citizens on attitudes toward the proposed amendment. The results were shocking–in a good way. Forty-seven percent of Indiana residents oppose the amendment, while 43% favor it. Even more surprising, 65% of self-described Republicans and conservatives opposed it, and 41% of seniors. More predictably, 67% of young voters opposed it.

I want to be clear: opposition to the amendment should not be equated with support for same-sex marriage. (The numbers show progress, but not that much progress!) However, there are plenty of compelling reasons to oppose constitutionalizing discrimination, even when you don’t particularly like the folks who are being singled out, and obviously those reasons have convinced a lot of people that this amendment is a bad idea. The poll also confirmed that Indiana citizens have much higher priorities than bashing gay people: the economy and jobs, education, the state budget, health care, crime and drugs, and taxes all came in well ahead of gay marriage.

Particularly interesting is how quickly attitudes on this issue have changed, even in staid, conservative Indiana.  Clearly that’s one of the reasons the usual suspects have been so desperate to get this amendment on the ballot–every year it is delayed, its prospects for passage dim further.

If the proposal passes this year, as expected, and if a separately elected legislature passes the identical language, it will go before the Indiana electorate for a vote. That means that voters first chance to weigh in on the issue will be nearly four years from now.

I wouldn’t want to bet on the outcome.

Checks, Balances and Legislative Absences

Yesterday, my sister asked me when I was going to blog about the Democratic “departure” from Indiana’s legislative session. She was the fourth person to ask me that.

I haven’t addressed our legislative impasse, largely because I am conflicted about it.

The walkout as a tactic has much in common with the U.S. Senate filibuster; both are intended to provide a check on the power of majorities to ride roughshod over the interests of a legislative minority. Both are legitimate IF–and it’s a big if–they are properly and judiciously employed. In the case of the filibuster, I support the “old-time” version (the Jimmy Stewart version, if you will), where Senators actually stood up on the chamber’s floor and talked–and talked. Filibustered. I do not support the current version, where the minority party simply says “If you do that, we’ll filibuster,” and the majority caves if it can’t count on sixty votes to override.

This iteration, it seems to me, is worse than lazy–it gives positive encouragement to those whose sole purpose is to deny the majority an opportunity to accomplish anything.

In the state legislature, my calculus is much the same. If negotiation fails, if the majority is being dictatorial and unreasonable, if it is attempting to take actions that the minority is convinced would cause significant damage, the minority may legitimately withdraw in order to bring the chamber to a halt and focus public attention on the arguments involved. The use of such a “nuclear option” should be rare, however, and judiciously employed.

A couple of additional observations: these “rules” should apply no matter who is in the majority or minority. And as Doug Masson observed in his blog post yesterday, legislative absence does not necessarily equate to “not working.” Most of the work of legislative bodies occurs outside the chamber even when everyone is present, for one thing, and keeping bad laws from being enacted is also “doing legislative work.”

There are certainly arguments to be made about the propriety of any particular use of drastic tactics, but the tactics themselves serve a purpose when appropriately used. When I look at the current assault on working people, teachers and women, and the potential consequences of the measures the Democrats are trying to block, I think this is an appropriate response.

If the use of such tactics at the state level becomes a routine part of our toxic and gridlocked political environment, as the abuse and misuse of the filibuster has, I might change my mind.

Comments

Where are the Men in the White Coats When You Need Them?

News flash! The Congressional Subcommittee on Energy and Power has recently voted that human activity does not cause climate change. The GOP majority was evidently unmoved by the scientific consensus to the contrary, so they simply voted to overturn it.

Reminds me of Indiana’s action (in 1897) to repeal the value of pi.

"Section 1. Be it enacted by the General Assembly of the State of
     Indiana: It has been found that a circular area is to the square on
     a line equal to the quadrant of the circumference, as the area of an
     equilateral rectangle is to the square on one side. The diameter
     employed as the linear unit according to the present rule in
     computing the circle's area is entirely wrong, as it represents the
     circles area one and one-fifths times the area of a square whose
     perimeter is equal to the circumference of the circle. This is
     because one-fifth of the diameter fils to be represented four times
     in the circle's circumference. For example: if we multiply the
     perimeter of a square by one-fourth of any line one-fifth greater
     than one side, we can, in like manner make the square's area to
     appear one fifth greater than the fact, as is done by taking the
     diameter for the linear unit instead of the quadrant of the circle's
     circumference.

I don't know whether to laugh or cry......
Comments

$64,188,492

That’s the amount the Commonwealth Fund says Indiana could save annually in Medicaid payments if we had healthcare reform.

Commonwealth has just completed a national survey that ranks states on a variety of health dimensions. Those who live in Indiana and pay any attention to such things will not be surprised to find that we land in the bottom quartile of the states overall, and rate comparatively poorly in most of the categories for which there was a ranking.

As our state continues to struggle to provide essential services with declining revenues, Governor Daniels might consider the merits of healthcare reform rather than threatening once again to cut (cripple)education. (I’m sure his long affiliation with Eli Lilly has nothing to do with his disinclination to support measures that might affect its bottom line…)