The Voice Of The People

We Americans talk a lot about democracy. Those conversations multiplied during this year’s election cycle, when it became obvious that democracy was under attack by a MAGA base that preferred Trump’s promised autocracy. That said, those conversations rarely focus on the Founders’ approach to democratic governance, and the constitutional mechanisms they employed as a result of their concerns.

It is a truism that the Founders weren’t fans of what they called “the passions of the majority.” In addition to limiting the right to vote to those they trusted with that power–White guys with property–they crafted a system that limited the operation of democratic decision-making; the Bill of Rights was a list of things that government was forbidden to do even when a majority of voters wanted government to do them. The limitations were founded on that libertarian premise I frequently cite, a belief that government action is legitimate when necessary to prevent citizen A from harming the person or property of citizen B, but not when government is trying to restrict an individual”s personal liberties, the choices that–in Jefferson’s famous words–neither pick a neighbor’s pocket nor break his leg.

The Founders’ decision to restrict the areas that were remitted to democratic decision-making is why many people who don’t really understand that basic framework often claim that America wasn’t intended to be a democracy, but a republic. To be accurate, our system is a democratic republic, in which we elect representatives who are supposed to respond to the democratic will of the people when legislating in the large number of policy areas where majority rule is appropriate.

Those of us who have been sounding the alarm over America’s retreat from democracy have pointed to the growing lack of proper representation–and the numerous systemic flaws that have separated government’s performance from the expressed will of its citizens. Thanks to pervasive gerrymandering, the Electoral College, the filibuster, and the composition of the U.S. Senate, among other undemocratic systemic mechanisms, elected officials have increasingly felt free to ignore even clear expressions of popular sentiment.

That retreat from representative democracy isn’t simply a federal phenomenon; it occurs with regularity at the state level. Two recent examples may illustrate the point.

Example one: In the wake of the Dobbs decision, several state legislatures imposed draconian bans on a woman’s right to obtain an abortion. Polling clearly showed that–in most of those states–large majorities of voters opposed those bans, and subsequently, in states where the electorate had the opportunity to oppose the bans through referenda (a democratic mechanism not available in my state), they overturned them.

Example two: Right-wing ideologues have waged consistent war against public schools. In a number of states, legislatures  send tax dollars to private schools–predominantly religious schools–through voucher programs. I have posted numerous times about the negative effects of those programs: their failure to improve educational outcomes, their disproportionate use by upper-middle-class families, and the degree to which they deprive public schools of critically-needed resources.

When citizens of a state are able to vote on those programs, they lose.

In ballot initiatives, voters delivered a stunning rebuke to school vouchers, which siphon scarce and critical funding from public schools—which serve 90 percent of students—and redirect it to private institutions with no accountability.

Although the outcome of the 2024 election may test the resolve of the most committed and determined public education advocate, educators and their allies can find strength and inspiration in what happened in Nebraska, Colorado, and Kentucky. In those states, support for public schools was put on the ballot and won a resounding victory.

As the NEA President noted,

“Voters rejected diverting public school funding to unaccountable and discriminatory private schools, just like they have done every time vouchers have been on the ballot. The public knows vouchers harm students and does not want them in any form.”

Thanks to the distortions in our electoral systems, voters in the United States have been steadily losing the right to democratically direct their governments. The 2024 election was different only because the further threat to democratic decision-making was so transparent. The truth is that, thanks to the operation of the cited anti-democratic mechanisms (aided and abetted by low levels of civic literacy and engagement and funded by the plutocrats), the voice of the people has become more and more irrelevant.

The cranks and ideologues have used those poorly-understood mechanisms to attain and retain public office, and they  no longer feel constrained by the demonstrable wishes of even large majorities.

If and when the resistance manages to overcome MAGA, that will only be a beginning. We haven’t had majority rule–aka democracy– for quite some time.

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How We Got Here

There are many reasons for the dramatic divide between Americans who voted to put a mentally-ill convicted felon back in the White House, and the rest of us. All of those reasons, however, connect to deep wells of resentment and grievance, a need to blame something–some other–for life’s disappointments.

There is a disinclination to see that divide for what it is, and to blame populist disaffections on the more privileged among us. For example, we are routinely treated to disputations on the supposed “elitism” of educated folks. Despite the fulminations of self-important pundits, however, “elitism”–while it certainly exists– is different from expertise, and much of what is decried as snobbish elitism really reflects hostility to people with knowledge and education.

A few years ago, I read Tom Nichols book, The Death of Expertise. It was a penetrating examination of the way knowledge and expertise have been attacked as “elitist,” a description of how and why people without the specialized knowledge and/or analytical skills increasingly required by modern societies have come to resent those who possess such expertise.

The educational advancements that have enabled social and economic progress, Nichols tells us, have fueled a backlash– “a surge in narcissistic and misguided intellectual egalitarianism that has crippled informed debates on any number of issues…. All voices, even the most ridiculous, demand to be taken with equal seriousness, and any claim to the contrary is dismissed as undemocratic elitism.”  

We can see evidence of Nichols’ observation all around us. It reminds me of Isaac Asimov’s often-quoted observation:

 “There is a cult of ignorance in the United States, and there has always been. The strain of anti-intellectualism has been a constant thread winding its way through our political and cultural life, nurtured by the false notion that democracy means that ‘my ignorance is just as good as your knowledge.”

Nichols says that this backlash has been facilitated by a number of things: the openness of the internet, the emergence of a customer satisfaction model in higher education, and especially by the transformation of the news industry into a 24-hour entertainment machine.

Paradoxically, the increasingly democratic dissemination of information, rather than producing an educated public, has instead created an army of ill-informed and angry citizens who denounce intellectual achievement. When ordinary citizens believe that no one knows more than anyone else, democratic institutions themselves are in danger of falling either to populism or to technocracy or, in the worst case, a combination of both. 

To call Nichols’ 2017 book prescient is to belabor the obvious.

This resentment of expertise has been vastly amplified by an information environment that indulges confirmation bias. There’s Fox “News,” of course, and the Internet offers a wide array of “news” sites that allow users to choose the “facts” that they prefer. Want to believe that an election was stolen? That Justice Department’s prosecutions are political vendettas? That vaccines are poisoning us, and Jews are encouraging immigration in order to “replace” White Christians? That those “libruls” are looking down their noses at “real Americans”? 

As I used to tell my Media and Policy students, if you are convinced that the aliens landed in Roswell, I can find you Internet sites with pictures of the aliens.

The “Wild West” that is our media environment is a primary reason Americans inhabit different realities. Among other things, the Internet breeds false confidence among those who have “done their research” online, and feeds their disdain for those with actual, hard-won expertise. 

And I don’t know what can be done about it. 

America’s devotion to Free Speech rests on the belief that in a marketplace of ideas, truth will emerge. But the effectiveness of such a marketplace depends upon an exchange of facts and beliefs by a largely informed and rational public. When facts can be manufactured, when participants in that marketplace have no respect for the opinions of those with relevant education or expertise–when they reject any suggestion that person A’s education or training has provided her with more and better information than person B, who lacks such training –and that to suggest otherwise is “elitism”– society fails to function, let alone advance.

The problem is, there’s no easy “fix” that I can see. (It’s certainly not to give government control of information.) Long term, the answer is education, teaching children how to differentiate between credible sources and propaganda, between what constitutes reliable evidence and what doesn’t. Such instruction is increasingly unlikely, since the nation’s children are increasingly being diverted into private religious schools via vouchers, and legislators are demanding that universities devolve into job training institutions.

So here we are….

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Policies Matter

One of the most unfortunate aspects of our current politics is the way tribalism has obscured policy differences. As we head into the 2024 election, few–if any–voters will base their votes on the candidates’ different policy positions. That’s not a criticism of America’s voters. At the top of the ticket, our choice is between a senile megalomaniac whose sole “policy” (if it can be dignified by the term) is hatred of “the Other” and an opponent whose sanity and competence outweighs other considerations.

This won’t be a Presidential election where thoughtful policy differences drive votes, and that’s frustrating for those of us who are policy nerds.

The situation is somewhat different at the state level, however. America’s states have settled into Red/Blue tribal divisions that may or may not hold. For those of us who follow policy preferences and their outcomes, those Red and Blue states provide a rather striking natural experiment, and Blue state policies have emerged as clearly superior.

For example, The American Prospect recently ran an article comparing Oklahoma–a very Red state–with Blue Connecticut.

In Oklahoma, nearly a quarter of children live in food-insecure households, one of the highest rates in the country. The Annie E. Casey Foundation’s KIDS COUNT, its annual compilation of child well-being data, ranked Oklahoma 46th in the nation overall—as well as 49th in education and 45th in health.

Yet Oklahoma’s Republican Gov. Kevin Stitt rejected the roughly $48 million of funding for the 2024 Summer EBT program and announced in August the state would also not participate in the program next summer. Oklahoma was one of 13 Republican-led states that declined this year’s summer grocery benefit. “Oklahomans don’t look to the government for answers, we look to our communities,” a spokesperson for the governor said in a statement regarding the decision to decline the funding, which they referred to as a “handout.”

Halfway across the country, KIDS COUNT ranked Connecticut 8th overall, 3rd in education, and 11th in health. But the state, which also participated in Summer EBT this year, faces a hunger problem as well—more than 15 percent of children live in food-insecure households. In fact, Connecticut was one of the first states in the country to pilot its own program in 2011.

The article noted numerous other differences attributable to policy choices. Life expectancy in the two states had been roughly equal in 1959; today, folks in Connecticut live 4 years longer on average than those in Oklahoma. Oklahoma–with Wild West gun laws similar to those in Indiana– had the 13th-worst rate of gun violence in the U.S., while Connecticut had the 45th-worst rate.

Research shows that, as political parties nationalized, state governments followed the governing party’s ideology. Differences in outcomes followed.

State government, after all, plunges into the day-to-day minutiae of our lives through decisions about health, education, social services, criminal justice, and more. For example, families in some states get money to keep their kids fed during the summer; in other states, they don’t. 

The lengthy article illustrates the multiple ways in which these ideologically-driven policy differences affect both individual citizens and economic performance in the state. It’s well worth a read. 

Another article–this one from the American Prospectfocuses on educational vouchers, a policy choice I frequently discuss. The article warns that Red state expansion of universal school vouchers is likely to have profound impact on the lives of young people.

As states race to pay for families to send their kids to private schools, blowing up state budgets in the process, the schools attended by the vast majority of kids will be left with far fewer resources, blunting their prospects. By design, funds are being shifted away from students in poor and rural areas and into the pockets of affluent parents, entrenching inequality in the process.

Among the other detriments of these programs is an almost-total lack of oversight. In Arizona, for example, parents are allowed to direct education funds, not just to the school of their choice, but to anything they might call “education.”

As Arizona’s superintendent of public instruction Tom Horne, a loud proponent of vouchers, admitted in an interview, the state’s emphatically hands-off approach means that there’s nothing to prevent parents from using public dollars to teach their kids that the Earth is flat. Indeed, state law prohibits any kind of public oversight over the burgeoning nonpublic sector of private schools, homeschooling, and microschools, which are for-profit ventures in which small groups of students learn online while being monitored by a guide.

If, as economists insist, economic development depends upon the existence of a well-educated workforce, vouchers don’t just shortchange the children in sub-par private schools. They eventually impoverish the state.

Policies matter.

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Let’s Talk About Choice

A reader of this blog recently asked me why Americans seem so confused about whether individual “choice” is an essential element of freedom. Why, for example, do many Americans see reproductive choice as a critical human right, but oppose school choice, or the individual’s choice to own lethal weapons? Why did people during a pandemic oppose rules requiring them to wear masks, claiming their right to choose? Can we make sense of these differences?

I think we can.

I have frequently alluded to the libertarian principle that underlies America’s constitutional system. Those who crafted America’s constituent documents were significantly influenced by the philosophy of the Enlightenment, and its then-new approach to the proper role of the state. They endorsed the principle that Individuals should be free to pursue their own ends–their own life goals–so long as they did not thereby harm the person or property of another, and so long as they were willing to accord an equal liberty to their fellow citizens.

The principle seems straightforward, but it requires a measure of consensus about the nature of harm to others.

To use a relatively recent example, lots of folks were enraged when local governments imposed smoking bans in public places. They insisted that the choice to smoke or not was an individual one. The bans, however, resulted from medical research documenting the harms done by passive smoke. The ordinances were based upon lawmakers’ agreement that individuals should retain the choice to smoke in their homes or cars or similar venues, but not where they would be polluting the air of non-consenting others.

Essentially, the libertarian premise asks: What is the nature of the “harm to others” that justifies government intervention? When may government disallow a seemingly personal choice? How certain does the harm have to be? Does harm to others include harms to non-persons (fetuses)?

Most sentient Americans understood that a rule requiring people to wear masks in public places during a pandemic was essential to preventing harm to unconsenting others, just as the ordinances against smoking in a local bar protected non-smokers from the hazards of passive smoke, and laws against speeding protect against potentially deadly accidents.

When we get to issues like gun ownership and educational vouchers, there is considerably less agreement–although survey research suggests that most Americans favor considerable tightening of the laws governing who can own weapons, given the daily evidence that lax regulation is responsible for considerable and often deadly harm to others.

What about allowing “parental choice” in the use of tax dollars to send one’s children to private and religious schools? Or, for that matter, “parental choice” to control what books the local library can include on its shelves?

The evidence strongly suggests that “educational choice” is harming both civic cohesion and the public school systems that serve some 90% of the nation’s children. (Given the large percentage of voucher users who choose religious schools, there is also a strong argument to be made that these programs violate the First Amendment’s Separation of Church and State.) There is also a significant difference between exercising choice with one’s own resources–which parents can absolutely do–and requiring taxpayers to fund those choices.

With respect to libraries, parents can certainly choose to prevent their own children from accessing books of which they disapprove, but efforts to keep libraries from offering those books to others is a clear violation of the portion of the libertarian principle that requires willingness to accord equal liberty to others.

Whether to impose on an individual’s right to choose a course of action will often depend upon a weighing of harms. With respect to a woman’s right to choose an abortion, even people who claim that a fertilized egg is a person should understand that an abortion ban demonstrably harms already-living women–physically, emotionally and economically. (It has become abundantly clear that very few of the “pro life” activists really believe that a fertilized egg is equivalent to a born child; they are far more likely to favor a return to a patriarchal time and a reversal of women’s rights. But even giving them the benefit of the doubt, a weighing of the harms clearly favors women’s autonomy.)

Bottom line: a free society will accord individuals the maximum degree of individual choice consistent with the prevention of harm to others. There will always be good-faith debates about the nature and extent of the harms justifying government prohibitions, but those debates should start with a decent respect for–and understanding of– the philosophical bases of our constitutional system and the relevant credible evidence.

A good society chooses wisely.

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Public School Successes

I frequently post critiques of privatization–with special emphasis on school privatization, aka educational vouchers. Some twenty or so years ago, privatization enthusiasts had a standard answer for every perceived government malfunction: let the private sector do it! This approach had multiple, significant drawbacks, and as those drawbacks became too obvious and costly to ignore, the early enthusiasm faded–except in education, where the “market can solve all problems” ideologues were joined by rightwing activists pursuing a vendetta against teachers’ unions, and by religious folks who chafed at separation of church and state and wanted a First Amendment “work-around.”

“How do you improve the performance of the nation’s public schools?” was–and remains– a fair question. Urban school districts, in particular, face multiple challenges, and when the question of how to meet those challenges became an everyday topic following publication of A Nation at Risk, political figures offered two wildly competing suggestions: “the market can solve everything” ideologues insisted that competition from private schools would incentivize public school improvement; supporters of public education lobbied for additional resources, to be deployed in line with reforms suggested by new academic research.

As we know, vouchers won the political debate. It was a disarmingly simple fix, championed by people who not-so-coincidentally stood to gain from it. Unfortunately, however, despite the promises, vouchers have failed to improve test scores or educational outcomes. (They have been a financial boon for well-to-do families, however, a fact that will make it much more difficult to end these boondoggles.)

Surprisingly, the news is much better from those much-maligned public school systems. Take, for example, Chicago’s public schools, once one of the worst performing systems in the country. As the American Prospect recently reported, “a system that used to be ridiculed has become a model for schools in other cities.”

In 1987, a visit from Bill Bennett–then Secretary of Education–prompted labeling Chicago’s schools the worst in the country. Half of the district’s high schools ranked in the bottom 1 percent nationwide, nearly half of the students dropped out before graduating, and some schools were physical danger zones. Since then, however, Chicago’s public schools have become markedly better.

Black and Latino third graders from low-income families have been, at least according to 2017 data, outperforming their counterparts elsewhere in the state. Graduation rates rose to 84 percent in 2023, within hailing distance of the national average. In 2022, three-fifths of high school graduates enrolled in college immediately upon graduating high school, an increase from previous years, countering the national trend of declining college attendance during COVID; more of them are earning degrees than in the past. This track record is among the best urban school systems in the nation.

A new book, “How a City Learned to Improve its Schools” explains that structural changes, and the policies and practices that they generated, have emerged from a continuous improvement, ‘tortoise beats hare’ approach. As the book readily admits, Chicago’s improvement hasn’t been a straightforward march-to-success narrative. Struggles and setbacks have included teacher strikes, fights over school closures, administrative churn, and high-profile CEO misconduct.

But through it all, the system has continued to improve.

Graduation rates and other measures of accomplishment have continued their steady rise. Nor has the system lost its penchant for evidence-driven changes. The most significant example is the ongoing expansion of early education, with its demonstrated promise of shifting the arc of children’s lives, auguring well for their success. A commitment to experimentation has prompted the system to partner with the University of Chicago Education Lab in testing promising innovations, such as intensive math tutoring for ninth and tenth graders who were mired amid long division and fractions; and a summer internship program that has given students the soft skills they would need in the world of work.

Chicago isn’t alone. Another book, “Disrupting Disruption: The Steady Work of Transforming Schools” highlights three other successful systems: Union City, New Jersey; Roanoke, Virginia; and Union, Oklahoma–systems with a majority of students who are low-income and disproportionately racial and ethnic minorities. In each of these districts, the graduation rate has steadily increased and the opportunity gap has essentially become a thing of the past.

What lesson should we take from all this?

The American journalist H. L. Mencken said it best: “Every complex problem has a solution which is simple, direct, plausible — and wrong.” Fixing thorny problems is almost always an incremental task requiring consistent, evidence-based analysis and constant adjustment. Americans have an unfortunate penchant for simple, “plausible” remedies that don’t require hard work.

Far too often, as with our current costly, divisive and failed voucher programs, those “simple” ideologically-motivated solutions don’t improve anything–they just add new problems to the old ones.

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