Tag Archives: Democracy

Really Telling It Like It Is

A recent op-ed in the New York Times considered the passions of the gun lobby.

The column was written by Will Wilkinson, Vice-President for Research at the Niskanen Center. I first encountered Wilkinson’s writing when I was doing research for my most recent book;  I’ve been consistently impressed with his thoughtfulness and the quality of his various analyses.

The column was headlined “Why an Assault Weapons Ban Hits Such a Nerve With Many Conservatives,” and the sub-head was “The premise of Trumpist populism is that the political preferences of a shrinking minority of citizens matter more than democracy.”

Wilkinson began by describing the blowback encountered by Beto O’Roark over O’Roark’s proposed assault weapon buy-back program. One Texas lawmaker issued a not-very-veiled threat to use his own weapon on O’Roark, and there was predictable hysteria from the usual suspects.

“So, this is — what you are calling for is civil war,” Tucker Carlson of Fox News said of Mr. O’Rourke’s comments. “What you are calling for is an incitement to violence.” On ABC’s “The View,” Meghan McCain maintained that “the AR-15 is by far the most popular gun in America, by far. I was just in the middle of nowhere Wyoming. If you’re talking about taking people’s guns from them, there’s going to be a lot of violence.” On Twitter, the conservative writer Erick Erickson said: “I know people who keep AR-15’s buried because they’re afraid one day the government might come for them. I know others who are stockpiling them. It is not a stretch to say there’d be violence if the gov’t tried to confiscate them.”

Wilkinson notes the obvious: no such program is likely to go into effect, absent an overwhelming electoral outpouring of majoritarian sentiment.

In that light, all of these ominous “there will be violence” warnings clearly imply that it simply doesn’t matter whether or not mandatory buyback legislation is enacted by duly elected representatives of the American people with an extraordinary popular mandate, because the wildly outvoted minority would nevertheless be right to regard the law as an intolerable injustice that warrants retaliatory violence. Just ask them.

Wilkinson then considers what this reaction signifies. As he points out, democracy is what we do to prevent political disagreement from turning into violent conflict. Trumpism, however, considers government legitimate only when it agrees with  white Christian conservatives.

Who, you may sensibly ask, granted Tucker Carlson’s target demographic veto power over the legislative will of the American people? Nobody. They got high on their own supply and anointed themselves the “real American” sovereigns of the realm. But their relative numbers are dwindling, and they live in fear of a future in which the law of the land reliably tracks the will of the people. Therein lies the appeal of a personal cache of AR-15s.

Weapons of mass death, and the submissive fear they engender, put teeth on that shrinking minority’s entitled claim to indefinite power. Without the threat of violence, what have they really got? Votes? Sooner or later, they won’t have enough, and they know it.

Nearly every Republican policy priority lacks majority support. New restrictions on abortion are unpopular. Slashing legal immigration levels is unpopular. The president’s single major legislative achievement, tax cuts for corporations and high earners, is unpopular.

Public support for enhanced background checks stands at an astonishing 90 percent, and 60 percent(and more) support a ban on assault weapon sales. Yet Republican legislatures block modest, popular gun control measures at every turn. The security of the minority’s self-ascribed right to make the rules has become their platform’s major plank, because unpopular rules don’t stand a chance without it.

As Wilkinson notes–and as rational people know–this isn’t about self-defense. Nobody needs a gun that can shoot 26 people in 32 seconds to ward off burglars.

The Second Amendment doesn’t grant the right to own one any more than it grants the right to own a surface-to-air missile.

I particularly loved these two paragraphs:

They’ll tell you their foreboding “predictions” of lethal resistance are really about preserving the means to protect the republic against an overweening, rights-stomping state. Don’t believe that, either. It’s really about the imagined peril of a multicultural majority running the show. Many countries that do more to protect their citizens against gun violence are more, not less, free than we are. According to the libertarian Cato Institute, 16 countries enjoy a higher level of overall freedom than the United States, and most of them ban or severely restrict ownership of assault weapons. The freedom to have your head blown off in an Applebee’s, to flee in terror from the bang of a backfiring engine, might not be freedom at all.

I’m not too proud to admit that in my misspent libertarian youth, I embraced the idea that a well-armed populace is a bulwark against tyranny. I imagined us a vast Switzerland, hived with rifles to defend our inviolable rights against … Michael Dukakis? What I slowly came to see is that freedom is inseparable from political disagreement and that holding to a trove of weapons as your last line of defense in a losing debate makes normal ideological opposition look like nascent tyranny and readies you to suppress it.

Clarity. Sanity. Why do I despair about the likelihood that Wilkinson, et al will prevail?

Meanwhile…

Local newspapers keep dying, and that is very, very bad for democracy.

Academic studies confirm some of our worst fears: for example, civic engagement declines when local newspapers disappear. Municipalities that have lost their newspapers pay higher interest rates when they issue bonds. (When no one is “watching the store,” purchasers of municipal bonds worry about the competence and honesty of the local government that is issuing them, and factor in that concern when setting interest rates.)

Recently, both the New York Times and the Guardian have reported on the demise of local papers. The Guardian reported on the loss of Youngstown, Ohio’s newspaper, The Vindicator.

It was in the late 1920s that the Ku Klux Klan regularly began gathering outside the home of William F Maag Jr in Youngstown. Maag owned the Vindicator newspaper, which unlike others in this once prosperous part of Ohio, had been willing to criticize the racist Klansmen.

Men on horseback, clad in white robes and hoods, would burn crosses and flaunt rifles and shotguns, in an attempt at intimidation. It didn’t work. The men of the Maag family would stand outside their home, themselves armed, refusing to be cowed, as the Vindicator continued to expose government officials who were part of the Klan.

That defiance set the tone for decades of investigative, combative reporting from the Vindicator. The daily newspaper relentlessly reported on the mafia, the government, big business and even its own advertisers.

But no more. Soon after celebrating 150 years since its first edition came news that was devastating to many in Youngstown and the wider Mahoning valley. The Vindicator was shutting down at the end of August. For good.

The closure leaves Youngstown as the largest city in the U.S. without a daily newspaper.

According to a study by the University of North Carolina, more than 2,000 US newspapers have closed since 2004, and at least 1,300 communities have completely lost news coverage in the past 15 years. The Pew Research Center reports that the number of working journalists in the U.S. declined 47% between 2008 and 2018.

The Times devoted a special Sunday section to the issue, centering its discussion on the “Dying Gasp of a Local Newspaper,” the weekly Warroad, Minnesota Pioneer.

This, then, was what the desert might look like: No hometown paper to print the obituaries from the Helgeson Funeral Home. No place to chronicle the exploits of the beloved high school hockey teams. No historical record for the little town museum, which had carefully kept the newspaper in boxes going back to 1897.

And what about the next government scandal, the next school funding crisis? Who would be there? Who would tell?

“Is there going to be somebody to hold their feet to the fire?” asked Tim Bjerk, 51, an in-house photographer at Marvin, the big window and door manufacturer that dominates the town.

The problem is wider than reports of newspaper closures suggest, because the death of journalism isn’t always heralded by a shuttered operation. In my city–Indianapolis–the surviving newspaper (we once had three!) was pretty mediocre even in its heyday. When Gannett purchased it, it went from mediocre to worthless. In an effort to wring every possible penny of profit out of the paper (for which Gannett had wildly overpaid), the company cut costs by firing most of the people who produced the content–the reporters. Coverage of city hall and the statehouse is now nearly non-existent–the paper is now a sorry compendium of nostalgic “looking back” features, coverage of new bars and restaurants and sports, with a very occasional investigative report. (When there is an investigative report, it is revisited ad nauseam for days on end.)

People who want to know what school boards are doing can go to Chalkbeat (if they know it exists); people who need to know what the legislature is doing (and who can afford it) can subscribe to one of the for-profit services issuing statehouse newsletters. The general public, however, is left uninformed–and unaware of what they are uninformed about.

A couple of years ago, the textbook I used in my Media and Public Policy class was titled Will the Last Reporter Please Turn Out the Lights?

Americans can still access information about Washington and the world. Information about their local and state governments is another matter entirely. The conduct of state and local government has an immediate and significant effect on citizens– think taxation, policing, education, infrastructure and its maintenance, and the myriad rules that constrain the conduct of our daily lives. Without easily available, objective reporting on the conduct of our elected and appointed officials, they are unaccountable.

At election time, voters are supposed to cast informed ballots. Without local journalism, how can we be informed?

 

They Aren’t Even Pretending Anymore

If there was ever any doubt about the Republican approach to the 2020 elections, people like Scott Walker are dispelling them. As Talking Points Memo reported a few weeks back,  Walker, who was formerly governor of Wisconsin, currently runs a group called the National Republican Redistricting Trust. That organization is allied with the (misnamed)  “Fair Lines America,” which is suing Michigan in an effort to overturn a recently passed anti-gerrymandering referendum.

In a preview of the coming war over redistricting reform, Republican politicians and operatives in Michigan filed a lawsuit Tuesday challenging the state’s new, voter-approved redistricting commission.

Behind the lawsuit is Fair Lines America Foundation, which, according to the Detroit News,is affiliated with the Scott Walker-led National Republican Redistricting Trust.

The Republicans allege that the independent commission violates the Constitution’s First Amendment and its Equal Protection Clause by imposing certain requirements on who can serve on the commission. Specifically, individuals cannot serve on the 13-member commission if they, in the past six years, were partisan candidates, elected officials, political appointees, lobbyists, campaign consultants or political party officials.

There is a Yiddish word that fits this lawsuit perfectly: chutzpah. (Google it.)

Conditions like the ones imposed for serving on the Michigan commission are common in states where independent redistricting commissions are in place. The new GOP lawsuit alleges, however, that these conditions–imposed to ensure a lack of partisan bias on the part of citizens drawing district lines–are unconstitutional.

“Plaintiffs have been excluded from eligibility based on their exercise of one or more of their constitutionally protected interests,i.e., freedom of speech (e.g., by the exclusion of candidates for partisan office), right of association (e.g., by the exclusion of members of a governing body of a political party), and/or the right to petition (e.g., by the exclusion of registered lobbyists),” the lawsuit alleged.

The article predicts that the Michigan lawsuit is only the first of several that will be filed in states that have addressed the anti-democratic effects of partisan redistricting (aka gerrymandering) by establishing nonpartisan commissions.

Before Mitch McConnell and Trump succeeded in adding numerous right-wing ideologues to the federal judiciary, I wouldn’t have worried about this lawsuit. I would expect its patently ridiculous argument to be given short shrift. But given the caliber of people elevated to the federal bench (several nominees even refused to affirm that Brown v. Board of Education is good law…), all bets are off.

With the Supreme Court ruling last month that federal judges cannot rein in partisan gerrymandering, voting rights advocates will be only expanding their efforts to implement redistrict reform via independent commissions.

Chief Justice John Roberts, writing for the conservative majority in the case, name-checked Michigan’s ballot initiative specifically to argue that there other avenues besides the federal judiciary to address the problem of extreme gerrymanders.

How his court will handle the coming wave of lawsuits challenging those commissions remains to be seen.

It has become glaringly obvious that the GOP cannot win a national election unless it can gerrymander districts and suppress minority votes. In their desperation to keep control of the mechanisms that ensure a non-democratic result favoring Republicans, party functionaries aren’t even giving lip service to majority rule. They aren’t even pretending to care about democracy and/or the integrity of the electoral process.

The midterm elections pointed to the only available remedy: turnout so massive that cheating can’t carry the day.

Republicans Ask: Should The Majority Rule?

Last month, in the wake of the Supreme Court’s refusal to protect its previously articulated principle of “one person, one vote” by limiting the degree to which Congressional districts can be dishonestly drawn, Talking Points Memo published an essay about the GOP’s embrace of an explicitly anti-democratic philosophy.

Josh Marshall identified the issue, and emphasized that it is separate from the Founders’ well-documented concern about the “passions of the majority.”

Much of American constitutionalism is bound up with protecting the rights of minorities against untrammeled majorities. Here though, I’m focused on something distinct and separate: the creation of anti-majoritarian ideologies, fully articulated arguments for why democratic majorities should not in fact, as a matter of principle, hold political power.

Marshall quotes Scott Walker, the former (sleazy) governor of Wisconsin, who now heads up a GOP committee defending gerrymandering (because of course he does); Walker claims that what Democrats call “fair” maps aren’t really fair because they advantage urban areas where more voters live. He argues that counting each vote equally gives urban areas “too large an influence.”

This is a bracingly candid statement of the position: We need to reevaluate how we define “fair”. Because if “fair” means whoever gets the most votes (i.e., proportional representation) then Republicans are at an inherent disadvantage “because of their national popular vote edge.” I don’t think my explication really goes beyond Walker’s statement really at all: what Democrats call “fair” is the candidate with the most votes winning.

As Marshall says,

Beyond the opportunism and the fact that city vs non-city has a deeply racial dimension, at a basic level Walker wants to see city and non-city as two contending entities which deserve to contend on equal terms. But of course these concepts, city and non-city or city and rural areas have no existence in American law. Nor does the idea even have a factual grounding. There are plenty of Republicans in cities and Democrats outside the cities. It is simply a broad brush way of capturing a political division in American society which Walker – and a growing number of Republicans – has formalized to explain why laws and districts should be changed to ensure that his preferred candidates win even when they get fewer votes.

Given the fact that twice in the last 16 years, the candidate who lost the popular vote–in the case of Trump, massively–became President, Americans have increasingly focused on the anti-democratic elements of our Constitutional system.

Thanks to the Electoral College, and population shifts over time, it currently takes four urban votes to equal three rural votes.

The composition of the Senate is equally undemocratic: every state has two Senators, irrespective of the state’s population. Today, a majority of Americans live in nine states that collectively have 18 votes in the Senate. The rest of the country–with a minority of the population– has 82.

These anti-democratic elements have been around a long time. What’s new, as Marshall points out, is that “the big state/small state divide has seldom lined up so clearly with the broader partisan division in the country.

All of this is part of the central dynamic of our time: Republicans increasingly turning against majority rule and a widely shared franchise because majorities, when not sliced up into gerrymandered districts or state borders, increasingly favor Democrats. That’s why we have voter ID laws. It’s why we have resistance to early voting, felon voting and basically everything else that doesn’t keep the voting electorate as small as old and as white as possible. Most of these strategies have focused on things like election security, or cost or convenience or whipped up fears about voter fraud. But that’s starting to change. The explicit embrace of special advantages for Republicans outside major urban concentrations, the explicit embrace of majority rule not being the essence of electoral fairness, is coming to the fore.

Defenders of anti-majoritarianism protest that we are not and never have been a democracy; we are a representative republic. That’s accurate as far as it goes. Certainly, as Marshall notes, the Founders had a well-grounded concern that minority rights would suffer if popular majorities were left unrestrained. Even if we must close our eyes to some of the less laudable concerns that prompted creation of the Electoral College and the composition of the Senate, the protection of minority opinion justifies a degree of anti-majoritarianism.

The question is: how much?

The tension between individual rights and majority passions–the need to find the proper balance between the two– has been a constant theme throughout American history.

Too much majoritarianism threatens individual rights. Too little–as when a minority is empowered to elect candidates rejected by the majority– threatens government legitimacy.

Persistent rule by the minority is an invitation to revolution.

 

 

 

The Court Betrayed Us: What Can We Do?

Talking Points Memo summed up the dilemma for American democracy in the face of the Supreme Court’s dishonest, cynically partisan decision.

The chief’s opinion in Rucho v. Common Cause doesn’t withstand even basic scrutiny. The court’s majority decided that partisan gerrymandering disputes are “non-justiciable” — that is, the courts can’t intervene in them — because, essentially, courts aren’t equipped to come up with a standard to determine when gerrymanders go too far. Never mind that the lack of what the court calls a “judicially manageable standard” appears to have literally never held the justices back before on any other issue. Never mind also that, as the Brennan Center’s Tom Wolf has pointed out, five different federal courts, relying on the work of respected political scientists, have had little trouble coming up with manageable standards to strike down partisan gerrymanders in Wisconsin, North Carolina, Ohio, Michigan, and Maryland. To Roberts, it’s all a bunch of “sociological gobbledygook.”

It’s hard not to see Rucho as a direct relative of past Roberts court rulings that likewise crippled our democracy, like the Shelby County decision gutting the Voting Rights Act, the Citizens United decision striking down campaign finance rules, the Crawford case upholding voter ID laws,  and the Husted opinion allowing purges of voter rolls.

So the Court isn’t going to protect “one person, one vote. The Court leaves in place a tactic that, according to the Cook report, has created today’s political reality: 19 out of 20 voters reside in a non-competitive Congressional District.

That’s where we are. The urgent question is: what do we do?

The easy answer–which is by no means easy to accomplish–is to elect Democrats. Everywhere. City, State and federal offices. That’s not because Democrats are angels, or unwilling to play the gerrymandering game–one of the cases before the Supreme Court was from Maryland, which had been redistricted by Democrats for Democrats. But for a number of reasons (including the fact that Republicans have been much better at partisan redistricting and by far the most numerous beneficiaries of it), Democrats have made fair redistricting an important policy commitment.

If Democrats take the Senate, the House bills Mitch McConnell refuses to hear will pass–Including the all-important H.R.1, the sweeping democracy reform bill that would expand voting access. fix our campaign finance system, and make redistricting fair and transparent. Without a Democratic Senate, however, H.R. 1 won’t pass.

What else can we do?

A local answer that is “doable” in some states is to mount a referendum. These have been very successful in states where such mechanisms are available. Indiana, unfortunately, is not one of those states.

Long-term, what we need in Indiana is an amendment to the state’s constitution. That document currently places responsibility for redistricting with the state legislature–a  provision that creates an obvious conflict of interest. It places decision-making in the hands of those whose interests will be affected, allowing lawmakers to choose their voters rather than the other way around.

The problem is, efforts to amend the Indiana Constitution–ideally, to provide that redistricting will henceforth be the responsibility of a nonpartisan or bipartisan commission–must originate with that same conflicted legislature.

I invite my more creative lawyer and political friends to weigh in, but after much “mulling over” (and not an inconsiderable amount of alcohol), here’s the best advice I can come up with for our not-as-Red-as-people-think Hoosier state:

We need a “movement.” (I’m aspiring to Hong Kong sized….)

Furious Hoosiers can build on the coalition already in place under the auspices of Common Cause and the League of Women Voters. We should make lots of noise;  we should endorse candidates for the General Assembly who commit to support a constitutional amendment addressing gerrymandering; and we should “call out” legislators who sabotage efforts at representative government.

I realize it won’t be easy. Common Cause has been fighting this battle for nearly 20 years, and Indiana is still the 5th most gerrymandered state in the nation. But over that time, many more people have come to understand the problem. What the forces of change have going for us now is anger–anger at the corruption of Trump and his Administration, anger at the Vichy Republicans who put party before country, and anger at a partisan Court that rewards Mitch McConnell’s willingness to cheat.

However energized the anti-gerrymandering movement, however, there is no escaping the conclusion that the first order of business is turnout in 2020.

Indiana was blue in 2008, partly because a lot of people who didn’t often vote, did. And as I have pointed out before, even Indiana’s extreme gerrymandering won’t protect the GOP super-majority if we have massive turnout. 

A tsunami of votes in 2020 can “jump start” a grass-roots effort to make “one person, one vote” a reality.

If that fails, so does democratic self-government.

Happy 4th of July.