Tag Archives: Trump

When What We Know Just Ain’t So

A recent research report from Journalists’ Resources examined whether regulations intended to protect the environment cost jobs. The belief that such regulatory activity has a negative effect on employment has been an article of faith among conservative Republicans, yet research on the issue fails to confirm that faith– there is little evidence that environmental regulations substantially impact overall employment figures.

I thought of that report, and a number of other areas where reality fails to confirm our firm expectations, when I read a post to an academic listserv in which I participate. The article of faith that Kim Lane Scheppele–an eminent comparative constitutionalist– called into question in that post is a critically important one: the belief that American democracy cannot be subverted.

Scheppele cited the work of a Columbia professor who had watched Turkey fall under the control of a populist autocrat who won democratic elections–and who sees dangerous parallels to Trump and the U.S.

Confidence in the exceptional resilience of American democracy is particularly misplaced in the face of today’s illiberal populist movements, whose leaders are constantly learning from each other. Trump has a wide variety of tried and tested techniques on which to draw; already, he has vowed to take pages out of Putin’s playbook.

Scheppele had just come back from Chile, where she had lectured on the advance of illiberal constitutionalism around the world.

People there asked me how Trump could have been elected in the US, and I showed them this data: Nearly one quarter of young Americans no longer believe in democracy and since 9/11, faith in the way America is governed has plunged to all-time lows (raised slightly in election years when Obama was elected, but then plunging back again).

These are danger signals that should have alerted us earlier to the possibilities of Trump. I might add that very similar danger signals appeared before the election of other populist autocrats of both left and right: Putin, Erdogan, Orbán, Kaczynski, Correa, Chavez.

There’s a clear pattern here. First people lose faith in the system. Then they vote to break it. And when the new leader decides to trash constitutional institutions, he is cheered on by those who want change at any price. When people wake up to the damage done, it is too late because their constitutional system has been captured.

Scheppele is particularly concerned because in our interconnected world, these autocrats learn from each other.

I am admittedly among the number of Americans who have always had a false sense of security: it can’t happen here. But as we have seen, that article of faith–that particular element of our belief in American exceptionalism– has proved to be fragile in other countries that had seemingly stable democratic institutions.

Just last weekend, the New York Times ran an article about the “alt-right” (our homegrown Nazis) and its ideal of leadership.

As the founder of the Traditionalist Worker Party, an American group that aims to preserve the privileged place of whiteness in Western civilization and fight “anti-Christian degeneracy,” Matthew Heimbach knows whom he envisions as the ideal ruler: the Russian president, Vladimir V. Putin.

“Russia is our biggest inspiration,” Mr. Heimbach said. “I see President Putin as the leader of the free world.”

Despite our belief that America is somehow different, we are not exempt from the white nationalist fervor that is sweeping large sections of the globe. If we want to emerge from this very dangerous period of time with something resembling an actual constitutional democracy and the rule of law, we will need a determined and informed resistance.

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Following the Money, Prison Edition

Recent research from In the Public Interest reports that “graduates” of private prisons have higher rates of recidivism than ex-offenders leaving public institutions.

The brief shows that people incarcerated in prisons operated by for-profit companies, like Corrections Corporation of America (CCA) and GEO Group, have higher rates of recidivism than people incarcerated in publicly managed prisons. Evidence also suggests that prison telephone and video call companies make business decisions that increase the likelihood that prisoners subjected to their services will return to prison or jail.

The research attributes the higher recidivism rates to several factors: Private prisons are, on average, more violent than public prisons; the emphasis upon filling empty beds in their often far-flung facilities results in incarceration of offenders in locations that are often far away from their homes, with a resulting loss of contact with families and home communities; prison telephone companies charge high calling rates and many ban prisoner cell phones, which further reduces contacts between prisoners and their homes. (Adding to the problem, private prisons often ban in-person visitation and then charge prisoners and their families prohibitive rates to make video calls.)

The report notes that private prison companies have long histories of neglecting prisoners’ basic needs, focusing instead on their company’s revenues and profits. For example,

To reduce normal business risks around fluctuating prison populations, private prison companies add occupancy guarantee clauses to many contracts, which compel states and local governments to pay the companies for unused beds if the population drops below a certain threshold, typically around 90 percent of a facility’s capacity.

During the past few years, there has been growing concern about the operation and consequences of placing offenders in private prisons. As the New Yorker has reported,

Going into Election Day, few industries seemed in worse shape than America’s private prisons. Prison populations, which had been rising for decades, were falling. In 2014, Corrections Corporation of America, the biggest private-prison company in the U.S., lost its contract to run Idaho’s largest prison, after lawsuits relating to understaffing and violence that had earned the place the nickname Gladiator School. There were press exposés of shocking conditions in the industry and signs of a policy shift toward it….In August, the Justice Department said that private federal prisons were less safe and less secure than government-run ones. The same month, the department announced that it would phase out the use of private prisons at the federal level. Although most of the private-prison industry operates on the state level (immigrant-detention centers are its other big business), the news sent C.C.A.’s stock down by thirty-five per cent.

In the wake of Donald Trump’s victory, that all changed. C.C.A.’s stock jumped forty-seven per cent. (It wasn’t just private prisons, either; Trump’s privatization promises caused sharp increases in the stock prices of for-profit schools .) As the New Yorker pointed out, the outlook for private prisons is particularly rosy, because so many of Trump’s policies will–if implemented– benefit them.

The Justice Department’s plan to phase out private prisons will likely be scrapped, and a growing bipartisan movement for prison and sentencing reform is about to run up against a President who campaigned as a defender of “law and order.” Above all, Trump’s hard-line position on immigration seems certain to fill detention centers, one of the biggest money spinners for private-prison operators.

As the article concludes,

It’s become common to speak of “the prison-industrial complex,” and the analogy to the military-industrial complex is a good one: in both cases, government spending helps fund very profitable businesses, which, in turn, lobby legislators and regulators to keep the funds flowing. Just as we spend billions on weapons systems that we may not need, so, too, we jail more people than we need for longer than necessary, because it keeps someone’s balance sheet healthy. In recent years, an unlikely coalition of conservatives and liberals had made some progress in weakening this system, going after policies like mandatory sentences. Trump’s election will make it much harder to sustain that progress. Private prisons, he said earlier this year, “work a lot better,” and he’ll doubtless look to expand their reach. And he has a simple and grim answer to how many people we should put in prisons and detention centers: More.

Welcome to policymaking in the Trump era, where evidence and experience are irrelevant, expertise and research are scorned as “elitist” and private profit is king.

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Why We Don’t Negotiate with Terrorists

The principle that government does not negotiate with terrorists is a longstanding American policy, endorsed (to date, at least) by foreign policy experts of both parties. The reasons are–or should be–obvious: when you reward an activity, you encourage it.

If kidnapping our diplomats or other citizens proves profitable, more kidnappings will occur.

Of course, if you are the spouse or loved one of the person being held hostage, you are likely to have a somewhat different perspective. Which brings me to the recent announcement–made with much fanfare–about Carrier Corporation’s decision to keep a thousand of its employees in Indiana, rather than moving their jobs to Mexico. Affected employees are undoubtedly (and understandably) euphoric.

Details thus far have been sketchy, but it appears that Indiana will provide financial “incentives” to keep the company here for the next few years. Since federal government contracts currently generate $6 billion dollars annually for Carrier’s parent company, United Technologies, it is likely that promises about that contracting relationship sweetened the deal.( A spokesperson for Trump hinted that the government might relax regulations United Technologies found “onerous.”)

As one economist tweeted, “Every savvy CEO will now threaten to ship jobs to Mexico, and demand a payment to stay. Great economic policy.”

Trump’s Carrier “accomplishment” is Exhibit A in what would likely be a long list of “teachable moments” if Trump were teachable. The lesson is: deals that make perfect sense in the private business sector can be invitations to disaster in the public sector.

I learned that lesson when I served as Indianapolis’ Corporation Counsel. Cities get sued with some regularity; a car goes in a ditch and the driver blames the design of the road; a building inspector tags a property and the owner disputes the violation; a homeowner objects to a sewer assessment, or a rezoning..the list is endless.

In the business world, it often makes fiscal sense to settle a suspicious “slip and fall” case, for example–especially when the amount at issue is much less than the cost of litigating the matter. If a City did that–if it “bought off” relatively small claims–it would be tantamount to hanging a sign out that said “Come sue us–we’re patsies.” Plaintiffs and their lawyers know that, unlike many private defendants, government entities have money; if all they had to do was file a lawsuit, if they didn’t have to risk going to trial, it would be open season.

So–unless the City was clearly in the wrong– we litigated them all, large or small.

Thanks to Americans’ ignorance of the significant differences between the public and private sectors, there’s a widespread and profoundly naive belief that anyone can “do” government, that public sector experience and/or specialized skills are unnecessary.

I wonder how many terrorists Trump and his cabinet of inexperienced newcomers will negotiate with–and what it will cost us taxpayers– before they figure it out…

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And the Hits Keep Coming….

Well, so far we’ve seen no sign of Donald Trump becoming more “Presidential.” In between his appointments of truly horrifying men to his cabinet, he continues to tweet petulant rejoinders to criticism and to whine about “unfair” media coverage;  those childish behaviors have distracted attention from his equally disastrous policy agenda.

To the (very limited) extent that Trump advanced policy proposals during the campaign, those proposals centered upon privatizing government functions. When you drill down on his promise to address America’s decaying infrastructure, for example, what you find is a scheme to give huge tax write-offs to private contractors, who would be expected to finance and repair our bridges, roads and sewers; essentially, his plan sells infrastructure to private interests.

As Josh Marshall writes at Talking Points Memo, 

There will be a mix of tax giveaways and and corporate welfare to incentivize private sector infrastructure spending. And there is good reason to think that most of those giveaways will simply be pocketed for spending that was already happening. In other words, big giveaways, more budget busting without even getting the benefit of new stuff or spurring demand.

As depressing as that particular “bait and switch” proposal is–after all, America desperately needs a massive infrastructure investment–it pales beside Trump’s promise to spend twenty billion dollars on a school choice initiative.

Twenty billion dollars is a lot of money. Although Trump hasn’t been specific about the source of those dollars (surprise!), it appears he intends to take it from the $15.5 billion currently going to Title I grants for districts and the $12 billion currently going to state grants for special education.

Raiding those two pots of money would be devastating to districts serving poor children and those with special needs, and there are significant practical, political and legal impediments to such a program. Even if those impediments could be overcome, however, a massive new effort to privatize–or more accurately, abandon– the nation’s public schools is exactly the wrong thing to do.

I know I sound like a broken record, but voucher proponents fail to understand both the mission and importance of public education. They see schools as “vendors” providing a consumer product called marketable skills– as places to train the nation’s workforce.

Providing students with marketable skills is important, but it isn’t education. And it most definitely is not preparation for life in a diverse democratic culture. Public schools have a civic mission; as Benjamin Barber once put it, they are constitutive of a public.

Abandoning our public schools and privatizing other essential government functions is tempting to lazy legislators and administrators alike, because it’s easy. It doesn’t require actually knowing enough about the function or mission involved to accurately analyze the problems, marshal the necessary resources, or do the hard work of fixing what’s wrong.

Unfortunately, easy answers are almost never the right answers. It turns out that when  public officials contract out government functions, they are still responsible for the results, and they typically lack the resources and expertise needed to properly monitor the contractor. The ensuing mistakes are costly, both politically and financially.

It also turns out that privatized schools and ill-conceived public-private partnerships have just as many problems and failures as public schools and projects, if not more–and they have the added negative effect of hollowing out government’s ability to function in important dimensions of our communal life.

Having raised children doesn’t equip me to offer child development services. Having run a business doesn’t equip someone to manage–or even understand– government. Trump is proving that point.

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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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