Tag Archives: democracy

Themes of 2013: Minority Rule

It’s hard to remember now how 2013 began: with the Republicans (having believed their own skewed-polls rhetoric) in shock at having lost the 2012 presidential election by five million votes, and having lost even the aggregate House of Representative tally by 1.3 million (even if gerrymandering gave them a majority of seats). But … but … but … the deficit … unemployment … Benghazi … Obama is the worst president ever … real Americans are conservatives …

How could it have happened?

Demographics. The closer they looked at the exit polls, the worse it got. Sure, Obama got 93% of the black vote; everybody expected that. But also 71% of Latinos and 72% of Asians. (Asians? Aren’t they supposed to be the model minority? Don’t they have more makers than takers? How could they side with the Kenyan usurper?) 60% of 20-somethings and 55% of 30-somethings. 70% of folks who list their religion as “none”.

All those groups are growing. The groups that kept the election from being a complete blow-out are the ones that seem to be shuffling off center stage: Over-65s went for Romney 56%-44%. White men voted Republican 62%-35%. (In Teddy Roosevelt’s day, white men were the electorate. How can you get 62% of white men and lose?)

So 2012 wasn’t just a loss for Republicans, it was a loss that augured bigger losses in the future. All the predictions Jonathan Chait had made the previous February in “2012 or Never” seemed to be coming true, and it was looking like Never. As the balls fell and the corks popped to welcome 2013, Republicans were asking: What do we have to do to become the majority again?

Change? Some answers seemed obvious. (The best collection of these answers was put together by College Republicans.) Stop talking about Hispanic immigration as if it were the barbarian invasion of Rome. Tone down the anti-gay rhetoric (not because the gay vote is so pivotal, but because homophobic hate-mongering turns off young straights). Stop pandering to the radical fringe on abortion and other social issues. Come up with competing conservative answers to questions that loom ever larger to middle-class Americans: Where are the jobs going to come from? How are the kids going to pay for college? What will happen to me and my family if I get sick?

The new year brought an obvious issue to focus on first: gun violence. (The first Sift of 2013 started: “This week everybody was talking about guns again.”) Sandy Hook was still fresh when the new Congress was sworn in, and (unlike the response to previous mass shootings), the furor didn’t seem to be dying down.

By wide margins, the public supported universal background checks for gun buyers, re-instituting the assault-weapon ban that President Bush let lapse, and banning the high-capacity magazines that had played such a key role in the Tucson shooting. For a time, some kind of bipartisan gun bill looked to be a no-brainer.
Then we saw the pattern that would repeat itself again and again all year: Some well-funded extremist group (in this case the NRA) rallied the conservative base with scare tactics (Obama was planning to confiscate guns by executive order!), threatened primary challenges against wavering Republicans, and whipped the Republican leadership into line.

In the end, a Republican-led filibuster blocked even a weak-tea gun bill that 54 senators supported.

Something similar happened to immigration reform: In this case a bipartisan bill made it through the Senate only to be refused a vote by the Republican House leadership, which offered no alternative.

Take that, Hispanics! Screw you and your fastest-growing-voter-bloc BS. Think we care? Think again!

Ditto for women, who are already a voting majority. Again and again, Republicans pandered to the an extreme anti-abortion or anti-birth-control minority with the most outrageous proposals and rhetoric. The most extreme recent example is Michigan’s “rape insurance” law, which won’t allow insurance companies to cover abortion (even in cases of rape) in any general-purpose health plan. Unless you planned on being raped and paid in advance for a special abortion rider on your healthcare policy, you’re out of luck.

Did anybody notice a post-2012 let-up in Republican anti-gay rhetoric or an olive branch to people who don’t go to church? Or a Republican jobs plan? Or any healthcare plan beyond “repeal ObamaCare”? Nope.

In the fall, poll after poll showed large majorities against a government shutdown or a threat to the debt ceiling. Did that matter? No.

This isn’t how we’re used to seeing political parties behave. So what’s going on here? How do Republicans plan to persuade a majority of Americans to support them?

It’s simple: They don’t.

Minority rule. That is the single biggest development of 2013: Republicans have given up on the idea of persuading a majority to agree with them. Instead, conservatives plan to rule from the minority.

In the old days that might have meant a military coup or something, but modern minority-rule techniques are much more imaginative. The strategy is simple: take advantage of all the hurdles that exist between the will of the majority and the enforcement of a law. If you can knock that majority down just a little at each stage, what looked like a tidal wave can become just a little ripple.

Defense in depth. Consider all of the structural things Republicans have been pushing. Stop looking at them one-by-one and think about them as a system.

  • Voter suppression. You don’t have to ban people from voting, just make it difficult. Limit the days and hours and number of voting machines so that you create long lines. Find excuses to remove legitimate voters from the roles. Require IDs they don’t have, and don’t accept the IDs they do have. Change the rules late in the game. Plenty of determined people will manage to vote anyway, but all you’re trying to do is knock the numbers down.
  • Unlimited money. You don’t have to buy elections outright, you just want to control them a little. With unlimited money, you can keep incumbents in line by threatening a primary challenge based on fringe issues. You can eliminate the need for volunteers by hiring professionals. You can keep candidates in the race longer or knock them out earlier. You can create issues out of nothing, de-legitimize real issues, or just confuse the voters. You can make the campaign obnoxious and ugly, so that voters don’t want to participate.
  • Gerrymandering. If you concentrate the other party’s voters in a few districts, you can give your party an advantage in a majority of districts, even if you have fewer voters. The paradigm here is Pennsylvania, where a slim Democratic voting majority led to a 13-5 Republican advantage in members of Congress. The Senate itself is a form of gerrymandering: It took 7.7 million Democratic votes to elect Dianne Feinstein to the Senate, but only 102 thousand votes put Republican Lisa Murkowski in. Their Senate votes count the same. (The conservative pipe dream of repealing the 17th Amendment would make this situation worse.)
  • Shadow government. You may think your state laws come from the legislators you elected. Wrong! If your legislature has a Republican majority, chances are your state laws are being written by the American Legislative Executive Council (ALEC), a national pseudo-legislature whose controlling members are corporations rather than people.
  • Emergency managers. Here’s a neat trick: Cut state aid to cities and their school districts, then when they get into financial trouble replace their elected governments with “emergency managers“, i.e., dictators appointed by the governor, who can void union contracts and refuse to fund pensions already earned. More than half of the black citizens of Michigan have lost their right to local government. If the voters don’t like it and vote for repeal, pass the law again and make it referendum-proof. Think that can’t happen in your state or your town? Why not?
  • The Hastert Rule. Immigration reform is one of a number of ideas that are believed to be supported by a majority of House members, but never come up for a vote. Shutting down the government, on the other hand, had only minority support, but it happened. How does that work? The House operates by the majority-of-the-majority principle, a.k.a. the Hastert Rule. Speaker Boehner won’t bring bills up for a vote unless a majority of the House Republican caucus supports them. So instead of needing 218 votes (a majority) to block something, you can do it with only 117 (a majority of the 233-member Republican majority). The logic of primary challenges is similar: It doesn’t matter what the majority of voters in a Republican congressman’s district think, if a majority-of-the-majority (i.e., a majority of voters in his Republican primary) want to throw him out.
  • The filibuster. In the Senate, 41 votes can block legislation. Until recently, 41 votes could also block presidential appointments, which Republicans were using to prevent President Obama from altering the current conservative bias in the judiciary. So the senators representing the 21 smallest states — total population 35.4 million, or about 11% of the country — can block any law.
  • Hostage-taking. Sure a minority can block things, but how can they pass laws of their own? Simple: take hostages. That’s what the 2013 government shutdown and debt-ceiling crisis was about. An extremist minority could block the government from taking necessary actions, and what it wanted in return for not burning down the house was to repeal ObamaCare. Ordinarily that would take a majority, but not if you have a gun to the economy’s head.
  • Nullification. A similar tactic was implicit in a new use of the filibuster to nullify existing laws. Refuse to approve anybody to certain enforcement positions. So, you would need a majority to scrap all the nation’s labor laws, but they can’t be enforced if the National Labor Relations Board doesn’t have a quorum, and you can block appointments via the filibuster. Voila! No labor laws! (Nullification is what caused Democrats to eliminate the filibuster on presidential appointments.)
  • Judicial activism. Even if a law makes it past all those hurdles, it just takes five Supreme Court justices to declare it unconstitutional. The integrity of the system depends on judges not abusing their power, but sometimes they do. During the Warren Court of the 1960s, judicial activism was a liberal thing. That’s ancient history now, as we saw most clearly in the ObamaCare decision. At the time the Affordable Care Act was passed, there was no legal precedent to justify invalidating it, and few legal analysts were concerned about the possibility. (Salon’s Andrew Koppelman: “The constitutional limits that the bill supposedly disregarded could not have been anticipated because they did not exist while the bill was being written.”) But in a matter of months, a new interpretation of the Commerce Clause was invented and gained the support of the Court’s five conservative justices. (Justice Roberts narrowly saved the law by re-interpreting the individual mandate as a tax rather than a penalty, but the new narrowing of the Commerce Clause stands and could skewer any number of government programs in the future.) Conservative judicial activism has been key in the whole minority-rule enterprise, by unleashing the unlimited money and opening the door to voter suppression, which red states have been happy to walk through.

Across the board, Republicans are defending and in some cases sharpening the tools of minority rule. So if they annoy a majority of Americans with their extremist agenda, who cares? Democrats would need a really large majority, say 5-7%, just to overcome gerrymandering and get even in the House, not to mention getting 60 votes in the Senate. And even then, unlimited money can usually buy a handful of Democrats with a local special interest, and the Supreme Court can invent new kinds of “religious freedom” or “corporate rights” to keep any real change from happening.

The long term threat. In the long run, a dedicated majority can get its way. If Democrats can win the state legislatures in 2020, they can de-gerrymander both the congressional districts and the legislative districts within the states. If Democrats can hold the presidency long enough, they can end conservative judicial activism. Then, if that same dedicated majority will keep those Democrats honest, there’s a chance America can start controlling money in politics and make progress towards real democracy that serves the public interest.

But that’s the question: Will a majority stay dedicated, through years of watching politics amount to nothing? Those young people who believed Candidate Obama when he said, “Yes we can” — what will become of them? What if they conclude “No we can’t” and just stop bothering?

That’s the ultimate goal of minority rule: a discouraged majority that stops looking to political action as a way to solve its problems.

The Filibuster and the War on Women

The abuse of the filibuster is a hard issue to get people excited about. It’s one of those technical political things that takes too long to explain and is hard to connect to problems voters care about.

This week, making those connections was a little easier. If you care about a woman’s right to decide whether she gets pregnant or has a baby, the connection to the filibuster was all too clear. Here are three of this week’s big stories:

  • Senator John Cornyn threatened to filibuster anyone President Obama nominates to the D. C. federal appeals court. He’s not making objections to the specific judges Obama has picked, he’s arguing that Obama shouldn’t be allowed to make any picks at all. The court’s current 4-4 conservative/liberal balance should be locked in, no matter how many elections Democrats win.
  • That same court issued a temporary injunction to suspend ObamaCare’s contraception mandate for certain firms, in anticipation of a permanent ruling that employers’ religious freedom gives them power over employees’ health decisions. The judge who wrote the majority opinion is a radical conservative that Democrats tried to block when President Bush nominated her, but they had to back down when Republicans threatened the “nuclear option” to eliminate the filibuster permanently.
  • Another judge from that same batch of Bush appointees lifted a lower-court injunction against a Texas anti-abortion law that (among other restrictions) instantly closes about 1/3 of Texas abortion clinics, leaving large areas of the state without abortion services, again in anticipation of the law’s ultimate approval.

Let’s take those one at a time.

Filibuster abuse and the D. C. court. Wikipedia describes the federal appeals court for the District of Columbia circuit like this:

While it has the smallest geographic jurisdiction of any of the United States courts of appeals, the D.C. Circuit, with eleven active judgeships, is arguably the most important inferior appellate court. The court is given the responsibility of directly reviewing the decisions and rulemaking of many federal independent agencies of the United States government based in the national capital, often without prior hearing by a district court. Aside from the agencies whose statutes explicitly direct review by the D.C. Circuit, the court typically hears cases from other agencies under the more general jurisdiction granted to the Courts of Appeals under the Administrative Procedure Act. Given the broad areas over which federal agencies have power, this often gives the judges of the D.C. Circuit a central role in affecting national U.S. policy and law.

A judgeship on the D.C. Circuit is often thought of as a stepping-stone for appointment to the Supreme Court.

The court has 11 active judgeSHIPs, but only 8 active judges. (It had only 7 — and a 4-3 conservative majority — until Obama finally got his first pick approved in May. It also has six semi-retired senior judges. If you count them, the court has a 9-5 conservative majority.) That’s because there are three vacancies. The Constitution (Article II, Section 2) specifies how those vacancies should be filled:

The President … shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for

The filibuster is a historical accident. The Founders didn’t envision it, and although an 1806 rule change made filibusters possible, the first one didn’t happen until 1837. They were rare until the 1970s, and truly skyrocketed when the Republicans became the Senate minority after the 2006 election.

Filibusters of presidential nominations were rare until the Clinton administration, and then Democrats retaliated during the Bush years. But even then, the justification for a filibuster was always some alleged problem with the individual nominee. (Bush nominee Janice Rogers Brown, for example, was filibustered for a history of inflammatory decisions, having once written of Social Security: “Today’s senior citizens blithely cannibalize their grandchildren because they have the right to get as much ‘free’ stuff as the political system will permit them to extract.”)

What’s new in the Obama years is the use of the filibuster to nullify a federal office by refusing to approve anyone to head it, regardless of character or qualifications. Until Senate Democrats threatened to invoke the so-called nuclear option in July, Republicans were on track to invalidate the entire National Labor Relations Board, essentially nullifying all laws protecting workers’ rights to organize unions and bargain collectively in good faith.

Cornyn proposes an extension of this unprecedented tactic: using the filibuster to nullify the three vacancies on the D. C. court, ostensibly because the court’s case load doesn’t require 11 judges. (He wasn’t bothered by an even lower case load when Bush appointed Rogers.)

If over-staffing of the D.C. court is indeed a problem (and not just a pretext to stave off a liberal majority), the Constitution provides a way to solve it in Article I, Section 8:

The Congress shall have Power … To constitute Tribunals inferior to the supreme Court

In other words, Congress could pass a law shrinking the D. C. court, if that were really a problem. But legislation requires a majority vote in both houses and the signature of the President, which Cornyn can’t get because his party can’t win national elections.

This is what the filibuster has become: not just a way to block new laws or objectionable appointments, but a way for a minority to repeal legislation already passed or to achieve its goals without passing laws at all.

Who needs to win elections?

The contraception mandate. Thursday, the previously mentioned Janice Rogers Brown (of Social-Security-is-cannibalism fame) was the deciding vote in a 2-1 decision by the D. C. appeals court to grant an injunction blocking enforcement of ObamaCare’s contraception mandate on a business owned by two Catholic brothers. The ruling isn’t a final decision in the case, but it reads like one, because one key consideration in granting such an injunction is a belief that the injunction-seeking side is likely to prevail.

Fortunately, Rogers stopped short of declaring that corporations are protected by the First Amendment’s free-exercise-of-religion clause, which would have produced true chaos. But the 400-employee company is owned by two brothers who claim to operate according to Catholic principles (i.e., having pro-life bumper stickers on their trucks), so the brothers’ religious freedom is violated by the requirement that they provide contraception coverage to their female employees.

I’ve stated my position on this issue at length before: I believe these claims of “religious freedom” are actually passive aggression, stretching claims of one’s own moral purity to ridiculous lengths in order to control the behavior of others. I was pleased to see many of my own favorite arguments show up in the dissenting opinion of  Senior Judge Harry Edwards (the only Democratic appointee among the senior judges) (I’m not claiming Edwards reads the Sift or that the arguments are original to me):

It has been well understood since the founding of our nation that legislative restrictions may trump religious exercise. Braunfeld v. Brown, 366 U.S. 599, 603 (1961). Were it otherwise, “professed doctrines of religious belief [would be] superior to the law of the land, and in effect permit every citizen to become a law unto himself.”

and illustrates the point with an example Sift readers will recognize:

A Christian Scientist, whose religion has historically opposed conventional medical treatment, might claim that his corporation is entitled to a religious exemption from covering all medical care except healers who treat medical ailments with prayer.

Edwards sees the conflict between the owners’ religious beliefs and the mandate, but does not find that it meets the legal standard of a “substantial burden”, using another analogy I’ve used here.

The Supreme Court has never applied the Free Exercise Clause to find a substantial burden on a plaintiff’s religious exercise where the plaintiff is not himself required to take or forgo action that violates his religious beliefs, but is merely required to take action that might enable other people to do things that are at odds with the plaintiff’s religious beliefs.

… The Gilardis do not contend that their religious exercise is violated when Freshway pays wages that employees might use to purchase contraception, and the Mandate does not require the Gilardis to facilitate the use of contraception any more directly than they already do by authorizing Freshway to pay wages.

Edwards quotes a 1982 Supreme Court decision:

Congress and the courts have been sensitive to the needs flowing from the Free Exercise Clause, but every person cannot be shielded from all the burdens incident to exercising every aspect of the right to practice religious beliefs. When followers of a particular sect enter into commercial activity as a matter of choice, the limits they accept on their own conduct as a matter of conscience and faith are not to be superimposed on the statutory schemes which are binding on others in that activity.

If not for the filibuster, that might be the majority opinion.

Texas abortion law. One of the other Bush judicial appointees who made it through the Senate under threat of the nuclear option was Priscilla Owen, whose appointment the Houston Chronicle opposed with these words:

The problem is not that Owen is “too conservative,” as some of her critics complain, but that she too often contorts rulings to conform to her particular conservative outlook. It’s saying something that Owen is a regular dissenter on a Texas Supreme Court made up mostly of other conservative Republicans.

No less a conservative than Alberto Gonzales once characterized Owen’s opinion in a Texas abortion case as “an unconscionable act of judicial activism”. In other words, even among conservative judges, she stood out as particularly radical.

The stipulation in the recent Texas abortion law (the one Wendy Davis delayed for a session with her famous state-legislature filibuster) that doctors who perform abortions have admitting privileges in local hospitals is one of a number of regulations designed to close clinics, and is largely devoid of any legitimate purpose. The lower-court judge found that the law was “without a rational basis and places a substantial obstacle in the path of a woman seeking an abortion.” Similar laws in Wisconsin and other states have been blocked by federal judges.

But thanks to Judge Owen, this one is allowed to take effect. Abortion clinics are already closing, and it is estimated the 1/3 of all abortion clinics in Texas — already not that common — will be unable to meet the requirement.

End the filibuster. Right now, conservatives are benefitting from the fact that Senate Republicans have been more willing to play hardball than Democrats. Democrats under Bush attempted to block only the most outrageous nominees, and for the most part they failed. Those judges are on the bench now, fighting the war on women.

That’s just one front of the struggle, the one whose dots were most easily connected this week. Ultra-conservative judges have brought us Citizens United, came close to constructing an entirely novel interpretation of the Commerce Clause specifically to torpedo ObamaCare, and across-the-board have extended the rights of corporations and the rich over workers, consumers, and the general public.

President Bush did not try to be “reasonable” in his appointments or seek uncontroversial nominees. He nominated the most activist conservative judges he could find, and Senate Republicans refused to let the Democrats filibuster even the worst of them.

Now that the tables have turned, the filibuster has been expanded into a general tool of minority rule. It’s time to end it, once and for all.

Seven Key Points About the Shutdown

1. This is not a pox-on-both-your-houses situation. The Republicans planned this shutdown and carried it out.

Last Monday, on the eve of the shutdown, Rachel Maddow showed the tapes of one Republican candidate after another making campaign speeches about shutting down the government and being cheered for it. That never happens on the Democratic side. No Democratic candidate for Congress tells his crowds he’s going to shut down the government and expects to get a cheer. Rachel summarized:

What is happening tonight is happening tonight because this is what Republicans want to do. This is what they promised to do. … Elect Republicans and they will burn the place down and they will laugh while they do it and have a great time.

The Daily Beast’s David Freedlander talked to a number of Republican donors from the banking industry, who said Rep. Walden (chair of the National Republican Congressional Campaign Committee, which wants their money) told them “We have to do this because of the Tea Party.” (An NRCC spokesman denies Walden said that.)

Jonathan Chait traces the Republicans’ post-2012-defeat strategy to a meeting in January.

If you want to grasp why Republicans are careening toward a potential federal government shutdown, and possibly toward provoking a sovereign debt crisis after that, you need to understand that this is the inevitable product of a conscious party strategy. Just as Republicans responded to their 2008 defeat by moving farther right, they responded to the 2012 defeat by moving right yet again. Since they had begun from a position of total opposition to the entire Obama agenda, the newer rightward lurch took the form of trying to wrest concessions from Obama by provoking a series of crises.

The first element of the strategy is a kind of legislative strike. Initially, House Republicans decided to boycott all direct negotiations with President Obama, and then subsequently extended that boycott to negotiations with the Democratic Senate. (Senate Democrats have spent months pleading with House Republicans to negotiate with them, to no avail.) This kind of refusal to even enter negotiations is highly unusual. The way to make sense of it is that Republicans have planned since January to force Obama to accede to large chunks of the Republican agenda, without Republicans having to offer any policy concessions of their own.

2. This “budget” showdown has nothing to do with the budget. Both sides agree on the spending number that should be in the continuing resolution.

That’s because Democrats agreed to the Republicans’ number. In other words, the only genuine concession in this process has come from the Democrats. John Boehner could have taken that concession, passed a continuing resolution to avoid the shutdown, and then called a press conference to declare victory. Instead he shut down the government.

3. The threat not to raise the debt ceiling is unprecedented, except for when these same Republicans made the same threat in 2011.

Posturing about the debt ceiling is perennial: “Look how profligate the party in power is. They’ve run up so much debt we have to raise the ceiling.” But making a credible threat not to raise the debt ceiling unless your legislative demands are met? No. That is an absolutely new tactic in American politics.

Slate’s David Weigel goes through all the alleged examples of the Democrats threatening the debt ceiling. In 1981, Tip O’Neil tried to get President Reagan to promise that Republicans wouldn’t use a debt-ceiling vote against incumbent Democrats in the next election cycle (i.e., no policy demands), but passed it in plenty of time. In 1984, a Democratic committee chair blocked a debt ceiling bill for one day, seeking defense spending cuts. He was roundly criticized for “brinksmanship” and backed down.

That’s it. Dozens of other times Democratic majorities in Congress have passed debt-ceiling increases proposed by Republican presidents without making an issue of it.

If Democrats accepted the tactic Republicans are using, the September, 2007 debt-ceiling increase would have been an opportunity for Nancy Pelosi to demand deficit-reducing changes like a repeal of the Bush tax cuts or an end to Iraq War. But that didn’t happen, because Democrats don’t operate by extortion.

4. Republicans have redefined he words negotiate and compromise.

ThinkProgress’ Judd Legum summed up the Republican “negotiation”:

Can I burn down your house?
No
Just the 2nd floor?
No
Garage?
No
Let’s talk about what I can burn down.
No
YOU AREN’T COMPROMISING!

In a real compromise, both sides give something and both sides get something. So far, the Democrats have been offered nothing.

In the 2011 crisis, President Obama repeatedly tried to negotiate a “grand bargain” with Speaker Boehner that would knock trillions off the long-term deficit. That failed, and the “supercommitte” negotiations that were supposed to replace the sequester failed, on the same point: Republicans insisted there could be no tax increases in the deficit reduction plan. Zero. During one Republican presidential debate, the candidates were asked whether they would accept a 10-to-1 ratio of spending cuts to tax increases. All said no.

Since April, Harry Reid has been trying to form a conference committee so that the House and Senate can work out a budget compromise. The Republicans have refused to appoint their conferees, preferring to wait until they had the “leverage” of a government shutdown and debt default. The point here is exactly what Chait said above: to extort concessions out of the Democrats without offering any concessions of their own. “OK then, half the ransom” is not a concession, no matter what Ted Cruz says.

5. The principle at stake is majority rule.

I talked about this in detail last week. Speaker Boehner wants to tell the story that the shutdown represents a disagreement between two branches of government that have conflicting popular mandates: The public elected President Obama, but it also elected a Republican House of Representatives.

That’s not what this is about at all. If it were, Boehner could bring the Senate’s clean continuing resolution to the House floor for a vote and defeat it. He can’t do that, because given the chance the people’s representatives would pass it. In blocking that resolution, Boehner does not represent the majority of the House, he only represents “the majority of the majority”, i.e. a minority.

The entire give-us-what-we-want-or-we’ll-burn-the-house-down strategy is against all American ideals of democracy. The constitutional way to pass a law (or repeal a law you don’t like) is to do what the Democrats did to pass ObamaCare in the first place: Win not just a majority in the House, but also a substantial majority in the Senate (to overcome a filibuster, which the Founders never envisioned), and win the White House (to avoid a veto). The Republicans can’t do that, because they are a minority. (Even their House candidates collectively got a million fewer votes than the Democrats in 2012.)

6. Don’t believe the leak that John Boehner won’t allow a debt-ceiling default.

Thursday the NYT quoted multiple anonymous Republican congressmen saying that Boehner had told them he wouldn’t allow a default. But Matt Yglesias points out that Boehner has been saying such things all along, while also saying the opposite.

Boehner’s position, dating back to 2011, has been twofold. On the one hand he says that failing to raise the debt ceiling would be catastrophic and that he favors avoiding catastrophe. On the other hand he says that he requires unrelated public policy concessions in order to agree to a measure that he himself says he supports.

It is, in other words, the classic suicide hostage strategy: Do what I want or I’ll detonate the bomb strapped to my chest. This has always been Boehner’s position.

For example, on Friday Boehner said:

I don’t believe that we should default on our debt. It’s not good for our country. But after 55 years of spending more than what you bring in, something ought to be addressed. I think the American people expect if we’re going to raise the amount of money we can borrow, we ought to do something about our spending problem and the lack of economic growth in our country.

In other words, he wants concessions. And notice: Boehner doesn’t suggest doing something about the deficit, which has a revenue side. He only wants to discuss “our spending problem”. So he’s seeking spending cuts with no tax increases, the same no-compromise position that doomed the budget negotiations in 2011.

And then Sunday he reiterated:

STEPHANOPOULOS: So under no circumstances will you pass a clean debt limit?

BOEHNER: We’re not going down that path.

Stephanopoulos’ question: “So you sit down with the president. What would you offer him in that conversation?” got no answer. And when pushed on the tax issue Boehner said: “Very simple. We’re not raising taxes.”

He described Harry Reid’s proposal to negotiate about the budget after the shutdown and debt ceiling had been dealt with as

My way or the highway. That’s what he’s saying. Complete surrender and then we’ll talk to you.

So he wants concessions and won’t give anything in return. Without his extortion demand, he has nothing to talk about, so giving it up is “complete surrender”.

7. The clearest head in the room belongs to Elizabeth Warren.

The boogeyman government is like the Boogyman under the bed. It’s not real. It doesn’t exist. What is real, what does exist are all those specific important things that we as Americans have chosen to do together through our government. In our democracy, government is not some make-believe thing that has an independent will of its own. In our democracy, government is just how we describe the things that We the People have already decided to do together.

Apocalyptic Optimism

It’s the end of the world as we know it*, but Gar Alperovitz and David Graeber feel fine.


Lately Robert Jensen has been importing religious terms into journalism. Borrowing from the seminal theologian Walter Brueggermann, Jensen defines three stances from which a journalist can report:

  • royal, relaying the vision of the Powers That Be
  • prophetic, calling the Powers That Be to repent and reform, as the prophets confronted the kings in the Old Testament
  • apocalyptic, announcing that the status quo is beyond reform and calling on the people to think in dramatically new ways

It’s easy for a royalist to be optimistic, because the system is basically sound and a few policy tweaks — a tax cut, a jobs bill, a new general with an improved strategy — will fix whatever temporary problems we might be having. A prophet may rail against current trends, but prophetic warnings rest on the optimistic subtext that we still have time to change our ways. If we just end the war or restore the Constitution or throw the crooks out, we’ll be back on track.

“I was planning to rebuild anyway.”

But the rarest kind of optimism is apocalyptic. The apocalyptic reporter sees that the cavalry won’t arrive in time or isn’t coming at all or will just make the destruction more complete. To be an apocalyptic optimist, you need to see the new seeds already sprouting in the shadow of the doomed sequoia.

In his new book What Then Must We Do?, Gar Alperovitz recognizes all the signs that the American-system-as-we-know-it can’t survive.

  • Even after crashing the world economy in 2008, the big banks are still too powerful to regulate, and the private-profit/public-risk dynamic still dominates. So given time, they’ll crash the economy again.
  • Greenhouse gases keep accumulating in the atmosphere, but even now that we’re seeing the results in droughts, heat waves, and violent storms, we still can’t raise the will to do anything about it.
  • Inequality keeps growing, regardless of which party holds power. For decades, all the apparent growth in the economy has been captured by the rich. The  average person’s standard of living is not improving at all, even as valuable intangibles (like job security) are being lost.
  • Our health-care system gets ever more expensive, and yet we get worse results than the other wealthy countries.
  • The unlimited corporate money pouring into political campaigns has captured both parties. The Democrats may be slightly less receptive to the corporate agenda, but they can’t stand against it either.

And while he by no means rejects traditional political organizing and movement-building, Alperovitz doesn’t think politics will solve the problem. Historically, progressive change in America happened in two big bursts — the New Deal and the Great Society — and both depended on external circumstances that aren’t likely to recur. The New Deal needed not just the desperation of the Depression, but a conservative president (Hoover) to blame for it. If things had shaken out differently, all that despair could have energized the Right, as in Germany. (Imagine the nativist backlash if the immigrant-backed Catholic liberal Al Smith had won in 1928 and been in the White House when the bottom fell out in 1929.) The Great Society couldn’t have happened without the confidence and generosity that resulted from two decades of widely-shared growth; and that couldn’t have happened if World War II hadn’t wrecked all our industrial competitors.

So yes, political reform movements can make a difference, but only in the presence of circumstances we can’t count on. And that’s pretty much what we’ve been seeing: We had three consecutive wave elections: Democratic in 2006 and 2008, and Republican  in 2010. But how much actual change did they bring?

And if we somehow managed the political will to, say, break up the too-big-to-fail banks, wouldn’t they just merge back together as soon as our attention shifted? Isn’t that what the old AT&T phone monopoly did?

Looking at things that way should make a person pessimistic, right? Not exactly. Alperovitz’s introductory chapter ends like this:

as a historian and political economist, it is obvious to me that difficult historical times do not always or even commonly persist forever. In my judgment “we shall overcome” is not simply a slogan but in fact the likely, though not inevitable, outcome of the long struggle ahead.

It is possible, quite simply, that we may lay the groundwork for a truly American form of community-sustaining and wealth-democratizing transformative change—and thereby also the reconstitution of genuine democracy, step by step, from the ground up.

The key phrase here is “long struggle”. We can’t just be socially conscious and politically active for a few months, elect President Wonderful, and then go back to sleep. We tried that; it didn’t work.

Alperovitz’s long struggle isn’t purely political. It’s more than just a series of marches and demonstrations that you attend before returning to your old life. The struggle he envisions involves creating institutions that democratize wealth: co-ops, credit unions, employee-owned businesses, and so on. Alperovitz envisions replacing the flighty government/capitalist partnerships of today with more stable alliances joining local governments with fixed local institutions (like hospitals and universities) and the worker-and-consumer-owned businesses that could service and supply them.

The seeds of that revolution are all around us. (I suggested painless ways you can start participating two weeks ago.) And Alperovitz believes they may sprout first and best in the places where the old system has failed most completely — rust belt wastelands like Detroit or Cleveland. (He cites Cleveland’s Evergreen Cooperatives, which are modeled on the successful Mondragon Cooperatives of the Basque region of Spain.) His logic is perverse but compelling: As long as capitalists can threaten to move the factory to China, they have the community over a barrel. But after the factory is gone, why listen to capitalists any more?

Alperovitz foresees a snowballing process as each new democratizing institution changes the consciousness of the people who participate and enlarges the constituency for democratically managed solutions. Before long, the resources that communities waste enticing corporations to locate there will instead become available to invest in the community solving its own problems.

David Graeber’s new book The Democracy Project, presents a somewhat different brand of apocalyptic optimism. (His last book, which I also reviewed, was a marvelous work of economic anthropology called Debt: the first 5,000 years.)

Graeber is one of the architects of Occupy Wall Street, and is at least partly responsible for coining the term “the 99%”. That makes him a leading voice in what The New Yorker has dubbed “the anarchist revival“, and puts him in something of a delicate situation: In order to promote anarchism, he has to shut down the media’s attempt to anoint him as the movement’s leader. Graeber is a “horizontal” activist who believes in groups finding consensus, not a “vertical” activist who wants to tell folks what to do. If you think people should either lead, follow, or get out of the way, Graeber is not for you.

The essence of Graeber’s worldview is a question: How would groups co-operate if they knew from the beginning that they couldn’t force dissenters to go along with what the group decides? That makes him more radical than a Libertarian, because Libertarians believe in a police-enforced property system.

Like Alperovitz, Graeber sees the approaching end of the current system, which he believes is based ever-more-nakedly on extracting value by force, under the pretense of increasingly empty rituals like elections and loans and trade agreements. Today’s young people, for example, face a choice between accepting unstable careers at minimum wage or borrowing heavily to get an education, then working as unpaid interns before beginning to earn money to pay off their debts. How different is that from feudalism or slavery?

But he also is optimistic that new ways are sprouting in the shadow of the old. The establishment view of Occupy is that it failed because it didn’t produce a set of demands that could become the platform of a political party. But to Graeber that outcome would have been failure. (In Jensen/Brueggermann terms, it would recast OWS as prophetic rather than apocalyptic.) To make that case, The Democracy Project not only retells the history of Occupy from the inside, it retells the history of American democracy and of revolutionary movements in general.

And the punch line is: The really successful revolutions don’t seize power, they change our common sense about what power is and what it can do. The French and Russian revolutions failed to the extent that they became new governments; Robespierre and Stalin represent the defeat of the revolutionary ideals, not their victory. But both revolutions succeeded as “planetwide transformations of political common sense”. The French Revolution ended monarchy as a viable option for forming new governments, and the Russian Revolution drew a line in the sand that capitalists didn’t dare cross. The New Deal and the social democracy of postwar Europe never would have happened happen without the Russian Revolution.

Similarly, Graeber points to another so-called “failure” — the antiwar movement of the Johnson/Nixon years. Arguably, it didn’t shorten the Vietnam War. But American governments have avoided high-casualty wars for the four decades since. (Put together, the Iraq and Afghan Wars have produced about 1/10th the number of combat deaths as each of the Vietnam and Korean Wars.) That attempt to avoid casualties led to increased “collateral damage” as we bombed from a distance rather than aimed down a barrel. That stiffened local resistance and

pretty much guarantee[d] that the United States couldn’t achieve its military objectives. And remarkably, the war planners seemed to be aware of this. It didn’t matter. They considered it far more important to prevent effective opposition at home than to actually win the war. It’s as if American forces in Iraq were ultimately defeated by the ghost of Abbie Hoffman.

So as Occupy morphs into the future, its goal should not be to launch a new party or seize control of an old one. It should be trying to change political common sense. Graeber closes his book by suggesting places where a change in common sense could make a significant difference. Most have to do with the nature of work, the virtue of working long hours, the value of helping people rather than producing more stuff, and bureaucracy as a problem in both the public and private sectors — a problem that could be avoided if groups organized in ways that didn’t require forcing dissenters to co-operate.

Graeber does not minimize or wish away the signs of global catastrophe, but Occupy has made him hopeful because

the age of revolutions is by no means over. The human imagination stubbornly refuses to die. And the moment any significant number of people simultaneously shake off the shackles that have been placed on that collective imagination, even our most deeply inculcated assumptions about what is and is not politically possible have been known to crumble overnight.


* I’ve never thought about R.E.M. and the Tarot in the same sitting before, so I never noticed: Isn’t that the Fool’s dog in the End of the World video?

“This War Must End”

The issues on which President Obama has most disappointed liberals (and strayed farthest from his 2008 campaign rhetoric) have centered on the War on Terror. Yes, he got our combat troops out of Iraq (slowly) and is winding down the Afghan War (finally). He did renounce torture as an interrogation technique. But rather than reverse Bush administration’s expansion of presidential power and paint it as a one-time over-reaction to an emergency (like the Japanese internment camps of World War II), Obama has largely ratified Bush’s power-grab, and in some cases even grabbed more. As many of us feared at the time, it is hard for a president to cut back his own power, even if that’s what his principles say he should do.

Thursday, in a major speech at the National Defense University at Fort McNair, President Obama sounded a lot more like Candidate Obama in two ways: He took civil liberties issues more seriously than he has in some while, and he talked to us as if we were adults who can think about complex issues. In that second sense, it was his best speech since his campaign speech about race.

To put a few of my own words in Obama’s mouth: War is bad for democracy. A government at war needs to keep secrets, and it needs to favor security over freedom. The bigger the war, the worse for democracy.

Modeling the threat as a “Global War on Terror” amalgamates every little extremist group and home-grown terrorist into one giant enemy that justifies fighting one giant war. Maybe there was some justification for that framing immediately after 9-11, when Al Qaeda had a unified leadership that seemed to be able to direct multiple efforts all over the world. But:

Today, the core of al Qaeda in Afghanistan and Pakistan is on the path to defeat.  Their remaining operatives spend more time thinking about their own safety than plotting against us.  They did not direct the attacks in Benghazi or Boston.  They’ve not carried out a successful attack on our homeland since 9/11.

Instead, what we’ve seen is the emergence of various al Qaeda affiliates.  From Yemen to Iraq, from Somalia to North Africa, the threat today is more diffuse … Unrest in the Arab world has also allowed extremists to gain a foothold in countries like Libya and Syria.  But here, too, there are differences from 9/11.  In some cases, we continue to confront state-sponsored networks like Hezbollah that engage in acts of terror to achieve political goals.  Other of these groups are simply collections of local militias or extremists interested in seizing territory.  And while we are vigilant for signs that these groups may pose a transnational threat, most are focused on operating in the countries and regions where they are based.  And that means we’ll face more localized threats like what we saw in Benghazi, or the BP oil facility in Algeria

What we face now, in other words, are a lot of little threats, not one big threat like Bin Laden’s Al Qaeda of 2001.

the scale of this threat closely resembles the types of attacks we faced before 9/11. [my italics] … if dealt with smartly and proportionally, these threats need not rise to the level that we saw on the eve of 9/11. … Beyond Afghanistan, we must define our effort not as a boundless “global war on terror,” but rather as a series of persistent, targeted efforts to dismantle specific networks of violent extremists that threaten America.

And he recognizes that he can’t promise a perfect defense against those threats.

Neither I, nor any President, can promise the total defeat of terror.  We will never erase the evil that lies in the hearts of some human beings, nor stamp out every danger to our open society.  But what we can do — what we must do — is dismantle networks that pose a direct danger to us, and make it less likely for new groups to gain a foothold, all the while maintaining the freedoms and ideals that we defend.

I read this as a rebuke of President Bush’s sweeping statement three days after 9-11: “our responsibility to history is already clear: to answer these attacks and rid the world of evil.”

If that’s our goal, then we are never done and we have never gone far enough. But if we have a more manageable goal (say, to reduce the risk of terrorism to below the level of many other risks we live with), then democracy might have a chance to survive.

The rest of the speech is more specific and tactical.

Drones. Obama defends drone strikes as “effective” (“measured against the history of putting American troops in distant lands among hostile populations”) and “legal” (i.e., in accordance with the Authorization for the Use of Military Force passed by Congress after 9-11), but admits the discussion can’t end there.

America’s legitimate claim of self-defense cannot be the end of the discussion.  To say a military tactic is legal, or even effective, is not to say it is wise or moral in every instance. For the same human progress that gives us the technology to strike half a world away also demands the discipline to constrain that power — or risk abusing it.

Obama claims that “clear guidelines, oversight and accountability that is now codified in Presidential Policy Guidance that I signed yesterday” embodies that needed discipline.  (I haven’t studied those guidelines — which he partially outlines — but I doubt I’m going to buy their sufficiency, given how easily Obama or some future president could change them or just ignore them. He later mentions options for moving some oversight outside the executive branch, but doesn’t commit himself.)

He specifically defends the targeting of Anwar al-Awlaki, an American citizen:

when a U.S. citizen goes abroad to wage war against America and is actively plotting to kill U.S. citizens, and when neither the United States, nor our partners are in a position to capture him before he carries out a plot, his citizenship should no more serve as a shield than a sniper shooting down on an innocent crowd should be protected from a SWAT team.

“Force alone cannot make us safe.” Obama says we need to increase foreign aid, and that we should support transitions to democracy in places like Egypt, Tunisia, and Libya “because the peaceful realization of individual aspirations will serve as a rebuke to violent extremists.”

In this country, we should “work with the Muslim-American community” to “prevent violent extremism inspired by violent jihadists”. Speaking in my own words: The guy who is a committed member of a American Muslim community mosque is not going to blow himself up, any more than a Baptist deacon is going to blow up an abortion clinic. In any religion, the people to worry about are the alienated loners who want to go from loser to hero in one big step.

Civil liberties. Even after the Boston bombings, Obama says, “we do not deport someone or throw somebody in prison in the absence of evidence.” He also says we need “careful constraints on the tools the government uses to protect sensitive information, such as the state secrets doctrine.”

His defense of press freedom, calling for a shield law for journalists and saying “Journalists should not be at legal risk for doing their jobs” in some ways misses the point. The targets of the AP investigations are leakers, not journalists. But a journalist’s ability to investigate the government is compromised if sources suspect their communications are going to be intercepted.

Repeal the AUMF. The  AUMF was a very sweeping grant of power that Congress gave President Bush after 9-11. It didn’t have a time limit, but maybe its mission has been accomplished.

I look forward to engaging Congress and the American people in efforts to refine, and ultimately repeal, the AUMF’s mandate.  And I will not sign laws designed to expand this mandate further.  Our systematic effort to dismantle terrorist organizations must continue.  But this war, like all wars, must end.  That’s what history advises.  That’s what our democracy demands.

Close Guantanamo. Finally, he discusses closing Guantanamo, which was one of the first things he pledged to do after taking office. In asking Congress to cooperate with him this time, he invokes the judgment of history.

Imagine a future — 10 years from now or 20 years from now — when the United States of America is still holding people who have been charged with no crime on a piece of land that is not part of our country.  Look at the current situation, where we are force-feeding detainees who are being held on a hunger strike.  … Is this who we are?  Is that something our Founders foresaw?  Is that the America we want to leave our children?  Our sense of justice is stronger than that.

And that  may be the best reason to hope that President Obama is serious this time, and that he might really start to disassemble the wartime presidency that Bush built. As he gets closer to leaving office, the temptation to shore up presidential power should wane, and the judgment of history may start to weigh on his mind.

Who do representatives represent?

Earlier this month, a study by political science graduate students at Berkeley and the University of Michigan uncovered a fascinating fact: By a considerable margin, candidates for state legislatures think the voters of their districts are more conservative than they actually are.

Maybe it’s not surprising that conservative candidates would overestimate the conservatism of their districts; we all want to believe that our ideas are popular, and it’s human nature to hang around with people who agree with you. But strikingly, even liberal candidates overestimate the popularity of conservative views.

The results are summed up in these two graphs:

They’re a little hard to read, but gist is that if you ask politicians how much support universal health care or same-sex marriage has in their district, and then compare that result to polls of actual voters, conservative politicians underestimate the public’s support for these liberal proposals by about 20 points — approximately, the authors note, the difference between California and Alabama. And liberal politicians underestimate by a smaller, but still significant, margin.

Most politicians appear to believe they are representing constituents who are considerably different than their actual constituents.

This happens despite the fact that polling has become ubiquitous and relatively cheap compared to other campaign expenses.

in an era when correctly ascertaining district opinion would represent little burden for most politicians, American politicians appear to operate under massive misperceptions about their constituents’ demands that they make little effort to correct.

The authors also tested a fairly extreme conservative proposal: “Abolish all federal welfare programs.” Nationally, only about 13% agree with this statement. But conservative politicians, on average, think almost 40% of Americans agree, while liberal politicians imagine that 25% do.

Maybe this generalized myopia explains why universal background checks on gun buyers are hard to pass, even though polls consistently show 70-90% of the public supports them. A background-check proposal may not pass in Minnesota, despite a local poll showing 72% public support. (79% favor the idea in Washington state and 90% in Ohio.) A Republican Minnesota legislator simply knows that such a result can’t be true.

“There is a lot of opposition,” said Cornish. “I think the survey is bogus. If you have legislators who believe that 70 or 80 percent were in favor of this, you would think they would vote for it.”

You would, wouldn’t you?

Similarly, polls consistently show large majorities in favor of reducing the deficit by closing tax loopholes that favor the rich or cutting defense rather than Social Security or Medicare, but Congress seems to be leaning the other way.

The authors didn’t investigate the cause of this pro-conservative perception bias, attributing it mostly to political mythology like Richard Nixon’s “silent majority”. But Salon’s David Sirota wonders if politicians are in fact answering a different question: Maybe they’re not estimating public opinion in their districts as a whole, but support among the people they actually represent — the wealthy. Being wealthy themselves, most politicians enter politics “unfamiliar with their constituencies”. Then things get worse.

Ensconced in a bubble of conservative-minded corporate lobbyists and mega-donors, they come to wrongly assume that what passes for a mainstream position in that bubble somehow represents a consensus position in the larger world.

The electoral process, of course, is supposed to be the panacea – it is supposed to pop that bubble and force a connection between the representative and the represented. However, because getting elected to office is now less about town meetings than about buying expensive television ads, even the campaign process fails to familiarize politicians with rank-and-file voters.

This would match the results in a seminal paper by Princeton political scientist Larry Bartels

In almost every instance, senators appear to be considerably more responsive to the opinions of affluent constituents than to the opinions of middle-class constituents, while the opinions of constituents in the bottom third of the income distribution have no apparent statistical effect on their senators’ roll call votes. Disparities in representation are especially pronounced for Republican senators, who were more than twice as responsive as Democratic senators to the ideological views of affluent constituents.

Maybe that’s why liberal politicians’ assessment of their constituents’ views are somewhat more accurate, if also skewed: Liberal politicians aren’t any more perceptive than conservative ones, they’re just slightly less responsive to the wealthy.

When Centralized Institutions Fail, Is Anarchy an Answer?


Last week I raised the topic of institutional failure: Why is institutional trust and trustworthiness failing more-or-less across the board? Corporations, political parties, the various layers and branches of government, churches, academia, the banking system, the media — none provides a solid base to stand on while we reform the others.

Two leaps. Then I made a leap you might not agree with: Even though each institution has its own failure story, I decided to look for some common cause, which I called a UFT (Unified Fuck-up Theory). I chose a tongue-in-cheek label because I realize I’m getting uncomfortably close to conspiracy-theory territory. (In Valis, Philip Dick wrote, “It certainly constitutes bad news if the people who agree with you are buggier than batshit.”) But the alternative is big-coincidence territory, and I’m not comfortable there either.

I followed that leap with another, which I’ve since come to call the Agatha Christie Hypothesis: If the clues don’t add up, it means that the culprit never made it onto your suspect list. So the common cause is likely to be something we instinctively don’t question.

Chris Hayes went down that path in Twilight of the Elites and pointed his finger at meritocracy. The certainly satisfies the ACH: Literally nobody had been saying “Our problem is that talented, hard-working people get ahead.”

As I laid out in more detail last week, Hayes argues that meritocracy justifies a level of inequality that has created a new ruling class, i.e., the elite have enough power to game the system that there is no longer anything like the level playing field meritocratic theory assumes. As a result, our institutions are run by an entrenched, hyper-competitive, self-serving elite that feels entitled to whatever it can grab. We have re-created the noblesse without the oblige.

In The Leaderless Revolution, former British diplomat Carne Ross adds another unexpected culprit to the suspect list: representative democracy.

Sheep and Shepherds. The basic idea of representative democracy is that a world of sheep and shepherds is fine, as long as sheep get to elect their shepherds. Presumably, the sheep will choose good shepherds, who will stay good because the sheep could replace them.

Ross criticizes this model from both sides: First, the options offered to the people are too limited and too easily manipulated by those with money and power. My favorite expression of this situation comes from the Cake song “Comfort Eagle

Some people drink Pepsi, some people drink Coke.
The wacky morning DJ says democracy’s a joke. 

More prosaically, Benjamin Barber wrote:

We are seduced into thinking that the right to choose from a menu is the essence of liberty, [but] the powerful are those who set the agenda, not those who choose from the alternatives it offers.

In November, for example, the American people will elect either Romney or Obama. How many important issues does that choice take off the table?

Second, the job of “good shepherd” is impossible in such a complex, diverse, inter-connected world. Even with the best intentions, no one can “represent” a nation like the United States or the United Kingdom. The very attempt (as Ross knows from personal experience) leads you to adopt grossly oversimplified worldviews that create more problems than they solve.

Representing the UK at the UN. The stories from Ross’ diplomatic career are worthwhile whether you end up agreeing with his conclusions or not.

The British Foreign Office is an elite Chris Hayes would recognize. A hyper-competitive process selects Ross and a few others out of thousands of applicants.

We were a chosen elite, given to expect that in due course we would become ambassadors and undersecretaries, the most senior exponents of our country’s wishes. I was elated to join this exclusive club and happy to undergo the many compromises membership in this group entailed.

Then the recruits are indoctrinated into the groupthink of the Foreign Office, which affirms the diplomats’ superiority: Only they know the classified information. Only they have unfettered access to the real experts — each other.

Eventually, Ross becomes head of the Middle East section of the British mission to the UN, where he and his American allies design and maintain the trade sanctions against Saddam Hussein’s Iraq — sanctions that were not only based on false assumptions about Iraq’s WMDs, but whose burden fell mainly on the Iraqi poor. Ross now accepts demographers’ calculations that the sanctions caused an “excess mortality rate” of half a million Iraqi children.

In other words, half a million children died. Though Saddam Hussein doubtless had a hand too, I cannot avoid my own responsibility. This was my work; this was what I did.

In what way, Ross now wonders, did he “represent” the people of the United Kingdom? Given the information and responsibility he had, how many of Ross’ sheep would have let hundreds of thousands of Iraqi children die in exchange for a small theoretical increase in their own safety? Might they instead have shown some compassion and courage? And if ordinary citizens of both countries had met in the same room, might they have come up with completely different options?

Rather than a series of gates through which information and power flow, representative democracy has become a series of walls: The people are cut off from their diplomats, and the diplomats in turn are cut off from the foreign peoples their actions affect.

Similar stories could be told in every country, about every aspect of government policy.

Renouncing the pact. So Ross is attacking government from a different side than conservative libertarians do. Libertarian rhetoric focuses on the tyranny of governments interfering with sovereign individuals, and minimizes any collective or social responsibility. “Society” is just a myth that justifies the few ruling the many.

Ross is saying almost the exact opposite: Not only do we have collective responsibilities to do things like take care of the planet, help each other, establish justice, and live together in peace, but those responsibilities are too important to hand off to leaders. He wants us to renounce what he calls “the pact”:

We vote, they act; we get on with our lives, they protect. … For most of us, politics is a spectator sport.

He cites the 2008 Obama campaign. Obama called for and got unprecedented participation from individual citizens. But

The political end of his campaign was not change itself, but for him to be elected to deliver change — a subtle but crucial distinction, and the disjunction at the heart of representative democracy.

Grey anarchy. Ross uses the word anarchy in a positive sense, but he means something subtle by it. Usually we talk about anarchy in a black-or-white way. We have a government or we don’t; anarchy is achieved by overthrowing government and not replacing it.

Ross’ anarchy has more grey in it. Government isn’t evil, just hopelessly inadequate. We need to figure out how to work around government — rather than through it — in order to fulfill our social responsibilities.

If government cannot provide for the stability, safety and just arbitration of our common affairs, who can? The answer is both radical and discomforting. For there is only one alternative if government cannot successfully provide: We must do so ourselves. Self-organized government is one term; another, rather more loaded term, is anarchism.

His model is more the everybody-pitch-in model of Wikipedia than the every-man-for-himself model of conservative libertarianism. Rather than electing the next savior, activists should focus on creating new arenas of interaction and trust where creative self-organization becomes possible.

The goal is to make the leaders become the followers: Rather than change society through politics, directly create social change that the politicians will have to react to.

Methods, not programs. Predictably, Ross’ prescriptions are on the vague side, and are more about methods than programs. (If he said, “Pass my program” he’d be back in the representative democracy model, offering himself as a leader.) He ends with nine principles for action, but unfortunately they take more space to unpack than I have. So I’ll have to do my own summary.

The ideal anarchic action, from Ross’ point of view, is something that will start a wave: It tackles the problem in some small but direct way, other people will see it, and they will be inspired to imitate. It is nonviolent and builds new trustworthy relationships. It will achieve something even if it doesn’t totally catch on. It focuses on those who are suffering most, and asks what they want rather than imposing a solution on them.

Gandhi’s salt march, Rosa Parks not giving up her seat — these are both cited as good examples.

Or maybe we could look at Ross’ current project, which he describes in this interview on the Colbert Report: He’s working an Occupy Wall Street bank.

What Happened in Wisconsin?

Short version: The long anticipated recall of Governor Scott Walker fizzled. Walker won the rematch against Milwaukee Mayor Tom Barrett by almost exactly the same margin (53%-46%) as their 2010 race.

Longer version: Split decision. The Democrats appear to have won one of the four state senate recall elections. The Republican hasn’t conceded and a recount seems likely, but if the 779-vote margin holds up, Democrats will control the Wisconsin senate.

So the upshot is that the union-busting Walker has already done will stand for another two years, as will his education cuts and the voter suppression law (if it ultimately survives its court challenge). But Walker won’t get any new shenanigans through the legislature until at least 2013, if then. That’s a big improvement on the way things were when the demonstrations started in February, 2011. Then Walker had solid majorities in both houses and could do pretty much whatever he wanted.

What it means. Everybody has been working hard to spin the result. Republicans want it to be a vindication of Walker’s policies and a sign that Romney can win Wisconsin in the fall. Democrats want to read it either as a rejection of the recall process itself, with little meaning for President Obama or even for Walker’s re-election in 2014, or as a sign of the Citizens United apocalypse, in which massive contributions from the very wealthy can buy a result.

Exit polls. The big reason to doubt Obama is in trouble in Wisconsin is Tuesday’s exit poll: Obama over Romney 51%-44%.

Republicans spin this by claiming the poll had a Democratic bias:

Considering the exit polls the media relied on showed a razor-thin difference between Walker and his Democratic opponent, Milwaukee Mayor Tom Barrett, the logic behind some huge lead for Obama, produced by the same exit polls, melts away. Walker defeated Barrett by a 7-point margin.

Apply that same analysis to Obama’s 7-point lead in the same exit polls and the race in Wisconsin is actually closer to being dead even.

This point is bogus. The early exit poll, reflecting only people who voted in the morning, showed a neck-and-neck race between Walker and Barrett. But Obama’s 7-point lead comes from the final exit poll, which shows Walker winning by about the right margin. (Atlantic’s Molly Ball describes how exit polls work.)

Doubting the process. Walker got 53% of the vote. But according to the exit poll, 70% of the voters were dubious about whether a recall was appropriate at all. Of the 10% who said a recall was “never” appropriate, 94% voted for Walker. 60% believe in recalls “only for official misconduct”; Walker got 68% of their votes.

I think the wording of the choices skewed this result a little. The only other option — that a recall is appropriate “for any reason” — is too loose.  The actual justification for the recall — that compared to Walker’s radical policies, his vaguely conservative 2010 campaign amounted to fraud — might have gotten more than 27% agreement.

Still, it does seem that many voters set Walker a lower bar than he’d face in a regular election. For them, the question wasn’t whether Walker or Barrett would be a better governor, but whether Walker had done anything so egregious that the 2010 election should be overturned.

A good comparison here was the Clinton impeachment. Many people who disliked Clinton’s policies and thought his sexual escapades were shameful nonetheless believed that impeachment was unwarranted.

Not like Ohio. Another instructive comparison is Ohio, where Governor Kasich’s similarly vague cut-spending/create-jobs 2010 campaign led to a similarly radical ALEC agenda after the election. As in Wisconsin, Kasich’s attack on workers’ rights led to a popular backlash.

But Ohio’s constitution allows the voters to go after laws directly. So last November Ohio repealed Kasich’s anti-union S.B. 5 in a referendum by a 61%-39% margin.

In Wisconsin, the voters’ only recourse was to recall the people it had just elected, and the recall couldn’t begin until the officials had served a year in office. As a result, Tuesday’s recall was the culmination of more than a year of political turmoil: Democratic senators escaping to Illinois to deny Walker a quorum, the April 2011 Supreme Court election, and the state senate recall elections of last summer.

So it’s not surprising that some fed-up voters would be angry the recall itself. As one questioner at Netroots Nation’s Wisconsin post-mortem panel commented Friday: “If Wisconsin had had the same mechanism as Ohio, if we’d been able to go directly after the law, we would have gotten the same result.” (I watched the session’s livestream and haven’t re-watched the tape, so my quotations are only approximate. The fuzzily-sourced quotes below are due to my sketchy notes.)

Madison was the first Occupation

The message disconnect. The massive demonstrations in Madison in 2011 were the prototype for Occupy Wall Street. The Wisconsin protests had the same grass-roots, horizontally organized structure and the same independence from parties and candidates. As Harry Waisbren put it at Netroots Nation:

This movement is not about electing Democrats, it’s about ending the corporate subversion of our democracy.

But that led to a problem: The Occupy-style grass-roots movement was great at collecting one million signatures for the recall-Walker petition. But as soon as that petition was filed, the focus of the process necessarily shifted to electing Democrats — precisely what the movement is not about. Election campaigns continue to be top-down political-consultant-driven operations.

Things got worse after the primary, which was won by the centrist Barrett rather than the activists’ favorite candidate, Kathleen Falk. So rather than a referendum to restore workers’ rights, public education, and environmental protections, the campaign became a generic do-over of the 2010 Walker/Barrett race. As one Netroots Nation panelist put it:

Barrett never really focused on the messages that were coming up from the grass roots.

Now, maybe Barrett looked at his polling and decided those issues were losers. Who knows? But as a result, the logic of the recall slipped away. “The narrative was lost,” Waisbren commented. That led directly to the sense of the recall’s illegitimacy that was expressed in the exit poll.

Walker’s money advantage. This was the most expensive campaign in Wisconsin history, and Walker had an overwhelming money advantage. Mother Jones provides this chart:

In addition to these millions, millions more were spent by outside groups like the Koch brothers’ Americans for Prosperity on “issue ads” that couldn’t directly say “Vote for Walker”, but left little doubt who you should support. All told, the Center for Public Integrity estimates that $63.5 million was spent. Walker’s ads started appearing back in November. As one Netroots Nation panelist said:

No one who lives in Wisconsin could doubt that Walker owned the airwaves.

What money can do. A lot of people are skeptical that it’s possible to buy an election. History is full of well-financed candidates who went nowhere, like Rudy Giuliani in 2008 or Phil Gramm in 1996. As Giulani now says:

Campaign spending doesn’t mean anything because you can spend it incorrectly.

Similarly, Rudy could say that being seven feet tall doesn’t mean anything in basketball, because you might be clumsy. But what if you’re not? What can you do with a cash advantage like Walker’s if you spend it correctly?

Obviously, nobody’s going to vote for Walker just because they’ve heard “Vote for Walker” 100 times and “Vote for Barrett” only 10-15 times. Where Walker-level money comes into play isn’t just in repetition, it’s in re-defining reality.

The jobs issue was a key example. The slogan of Walker’s controversial 2011 budget was “Wisconsin is Open for Business“. His agenda’s whole point was that industry would create jobs if the state cut corporate taxes, broke unions, and stopped protecting workers and the environment.

It hasn’t worked. The Wisconsin Budget Project looked at statistics from the Federal Reserve and concluded:

If we use December 2010 as our baseline for analysis, the newly released data indicate that only one other state (Alaska) has experienced slower growth than Wisconsin.

And Bloomberg News — hardly a left-wing outfit — reported:

Wisconsin was ranked last among states and the District of Columbia in economic health in 2011, the first year of Walker’s tenure, according to the Bloomberg Economic Evaluation of States.

Walker didn’t like those numbers, so he made up his own. The Bureau of Labor Statistics said Wisconsin had lost 33,900 jobs. But Walker’s re-analysis said that Wisconsin had gained 23,321 jobs. And then he blanketed the airwaves with this ad:

As Netroots Nation panelist Emily Mills pointed out, any state could adjust its numbers in the same way:

Whatever metric you use on jobs, if you apply the same metric to every state, Wisconsin is still dead last.

But nobody had millions of dollars to spread that message across the state, so Walker’s message stood.

That’s Wisconsin’s lesson for the post-Citizens-United era: The best use of money in politics is to define reality. Don’t just tell citizens to vote for you, create a virtual world in which voting for you makes sense.

What it means for November. Mitt Romney has a lot of disadvantages: He’s not very likeable. He’s a bad campaigner who has a habit of saying things like “I like to be able to fire people” and “I’m not concerned about the very poor.” He’s a wooden debater who has yet to appear outside the conservative bubble. He has taken a lot of radical right-wing positions that he’ll have a hard time running away from. And he’s the poster boy for income inequality and financiers run amok.

But you have to give Romney this: He knows how to raise vast amounts of money and bury his opponents with it. And he has no scruples about redefining reality.

Limitless amounts of money are going to be spent in the fall. And while Obama is no slouch as a fund-raiser, he’s going to be outspent by a wide margin, especially if you count the corporate-funded outside groups like the Chamber of Commerce and Karl Rove’s Crossroads, whose ads I’ve already seen repeatedly during the NBA playoffs.

The bulk of that money isn’t going to be spent saying “Vote for Romney”. It’s going to be used to redefine reality. Millions already believe (falsely) that Obama raised their taxes, that he cut defense, that he isn’t really an American citizen, that he’s secretly Muslim, that the stimulus didn’t create jobs, and on and on and on. By November, millions more will believe other false things that make it logical to support Romney over Obama.

In Wisconsin, Obama currently benefits a little from Walker’s redefinition of reality: If the Wisconsin economy is getting better, maybe Obama isn’t so bad.

But now that Walker is safe until 2014, the up-is-down campaign will reverse itself. Wisconsinites can expect to start hearing that they’re in a depression, that things were never this bad under President Bush, and so on. It will make a difference.

A 7% difference? Too soon to tell.

Seven Issues the Election Should Be About

You may not have noticed, but the general election campaign started this week. I say that for two reasons:

  • Mitt Romney’s victory in Wisconsin pretty well seals his nomination. Republicans understand now: No white knight is coming to save them. It’s Romney or four more years of Obama.
  • President Obama’s speech Tuesday was essentially a keynote address for the fall campaign.

We can already see what that campaign will be like. Romney won the GOP nomination by raising massive amounts of money and carpet-bombing any prospective rival with negative ads. President Obama is projected to raise just under a billion dollars. In either case, you really can’t spend that kind of money on warm, fuzzy stuff. Constant advertising annoys people, so the best you can hope for is to transfer their annoyance to your opponent.

Given how politics has been going, we can anticipate that major issues will be dodged, misrepresented, and even lied about. The media, which ought to be ferreting out the information voters need to make a wise choice, will instead focus on whatever gaffes or stinging comebacks they can find or manufacture, no matter how irrelevant or trivial.

That’s a shame, because there really is an important debate to be had. I don’t claim to know what Mitt Romney believes in his heart – recently his campaign has suggested that we don’t know his “real views” yet – but I know what his party and the conservative movement stands for. Similarly, I’m never sure exactly how much liberalism President Obama is going to defend, but I have a good idea what liberalism means.

It’s a significant contrast. A honest debate between those two worldviews, resulting in a clear choice by a well-informed electorate, would be a tremendous plus for this country.

OK, it won’t happen. But we shouldn’t just shrug and let the candidates off the hook. Even as we see the waters start to circle around the sewer drain, let’s review what this campaign should be about.

1. Inequality. We’ve been in a vicious cycle for 30 years now: The rich get richer; they use that money to buy more political power; and then they use that political power to lower their taxes, weaken the the regulations they have to follow, and otherwise game the system in their favor – plus make it easier to buy political power.

The Republican Party has been the main (but not the only) vehicle for the rich, so it will be interesting to see whether President Obama succeeds in raising this issue, or if conservatives manage to label it all as envy and class warfare. I thought Obama laid it out pretty well Tuesday:

In this country, broad-based prosperity has never trickled down from the success of a wealthy few. It has always come from the success of a strong and growing middle class. … And yet, for much of the last century, we have been having the same argument with folks who keep peddling some version of trickle-down economics. They keep telling us that if we’d convert more of our investments in education and research and health care into tax cuts — especially for the wealthy — our economy will grow stronger. … Now, the problem for advocates of this theory is that we’ve tried their approach — on a massive scale. The results of their experiment are there for all to see.

2. The National Security State. At a time when government is supposed to be tightening its belt, we continue to spend more on defense than all our potential enemies put together. Is that really necessary? How much money could we save with a less aggressive foreign policy that didn’t inject us into every conflict?

Would the world really be a worse place? We’ll never know how the Arab Spring would have handled Saddam if we hadn’t spent all that blood and treasure in Iraq.

And then there’s the internal effect on our liberty and democracy. Government surveillance gets ever more intrusive, and more and more of the government’s actions are secret. How necessary is that?

The opposing case is that the world is a dangerous place, and would be even more dangerous if the US didn’t police it. Maybe Norway can keep its freedom defended with (and from) a relatively small security force, but the US doesn’t have that option.

It’s President Obama’s fault that we won’t have this discussion. (Ron Paul was the only Republican candidate who wanted to talk about it.) He has largely continued the Bush national security policies rather than challenge them.

3. Climate change. There are lots of legitimate liberal/conservative issues to hash out concerning how to deal with climate change: Should we lower CO2 by market mechanisms (cap and trade), by a carbon tax, or by direct government regulation? Should we bargain hard to get other countries to do their part, or should we take the lead? What CO2 level should we be shooting for and how fast should we try to get there? How do we balance the expense of current CO2 reduction versus investments in future research? Can geo-engineering play a role?

We aren’t having those debates because the fossil fuel corporations have spent enormous amounts of money to make the existence of climate change the issue, when in fact the science is well established. The Republican Party has been acting as a wholely-owned subsidiary of the fossil fuel companies, and some Democrats have also been either bought or intimidated by energy-industry cash.

4. The Deficit. Elsewhere I’ve presented the idea that the deficit is not the doomsday device many would have you believe. But it is a symptom of a broken political process. Congress’ main job is to figure out what we as a people want to buy and how we’re going to pay for it. If it can’t do that, what can it do?

A big chunk of the problem is the misinformed electorate. Survey after survey shows that we grossly overestimate how much money is spent on welfare, foreign aid, and whatever National-Endowment-for-the-Arts-type program we find most offensive. We also grossly underestimate how many government services we use personally, and we’re misinformed about how our taxes compare to Americans of recent decades. (Hint: Our taxes are far lower, especially for corporations and the wealthy.)

About half the country thinks we can eliminate the deficit with spending cuts that don’t touch “programs that benefit people like you”. That wishful thinking allows candidates to get away with proposing big-but-vague spending cuts that exempt defense, Social Security, and Medicare — just about everything we spend big on.

5. Immigration. Both liberals and conservatives are conflicted about immigration. There is no ideologically pure answer to our immigration problem, which is why the conversation never goes anywhere.

The centuries-old dream of American employers is to have a workforce that can’t vote. So their ideal is to have temporary foreign-worker programs: We bring people in for ten years or so, get them to work hard for very little money, and then send them home.

But working-class whites see immigrants-taking-American-jobs as one of the social changes they want the Republican Party to protect them from. Hence the rhetoric about rounding up the millions of undocumented Hispanic workers and sending them home.

The last thing the Republican Party wants is millions of poor, non-white new citizens — who would probably vote for Democrats. Democrats would like that, but the unions that support Democrats probably wouldn’t, for the same reason as conservative working-class whites.

Everybody agrees that we shouldn’t have millions of undocumented people wandering around. It’s a security risk, makes our worker-protection rules unenforcible, and generally undermines the rule of law. But since neither side has a solution it wants to take to the voters, both will posture about the issue rather than try to make progress.

6. Health care. Our health care system is a mess. We spend way more per person than any other country, and we get worse results. This is a great country for someone as rich as Dick Cheney to get a heart transplant, but it’s a terrible country for a poor pregnant woman to get pre-natal care. When you average it out, our life expectancy sucks and we lead the industrialized world in unnecessary deaths.

ObamaCare (like the RomneyCare it’s based on) is an imperfect first step at reform. I think it gives away far too much to health insurance companies and drug companies, but that’s politics. If Congress repeals it or the Supreme Court throws it out, we’re essentially nowhere, because the “replace” part of the Republican “repeal and replace” slogan is just a word; there is no actual plan that addresses any of the substantive issues.

And liberals shouldn’t let Obama say “Done now.” ObamaCare has a lot of holes that need filling.

7. The future of democracy. This issue runs through a lot of the others. Ideally, individual voters would educate themselves about the issues that concern them and elect candidates to represent their views. If they really felt strongly, they’d donate $20 or $50 to a campaign.

We’re far, far away from that ideal, and moving farther all the time. The Supreme Court has ruled that money equals speech, and that more speech is better than less. So elections are dominated by massive spending that produces better propaganda — not better educated voters.

In addition, while voters may wake up in time for an election, the big-money interests never sleep. Defeat some special-interest measure like SOPA, and within a few months it will be back in a different form. The big banks can hire entire staffs of lobbyists to write loopholes into new regulations. Voters don’t have the time to ferret that stuff out, and if they did, they couldn’t organize themselves fast enough to do anything about it.

We aren’t having this discussion because no candidate who took it seriously could raise enough money. Worse, neither party even has an ideal vision of how to handle it. The closest thing to a practical reform vision I’ve seen so far is Lawrence Lessig’s.

Resist. Chances are, this election will be decided by something stupid: a blip in the unemployment numbers, a new Romney gaffe on the Etch-a-Sketch scale, or Obama’s inability to prove that he is not a shape-shifter from the Gamma Quadrant. Heck, we’ve had elections decided on the Pledge of Allegiance.

But we don’t have to give in to that. Collectively, social networking ought to give us Arab-Spring-level power, if we exercise it.  We can refuse to respond to nonsense. We can keep coming back to the real issues. It may not work in this cycle. But eventually, we might be able to drag the candidates back to what’s important.

Jim Crow Returns

A fascinating new analysis technique has added weight to the claim that voter-ID laws are functioning as “Jim Crow 2.0“.

In state after state, the Republican governors elected in 2010 have been pushing voter-ID laws that follow the ALEC template. The Brennan Center for Justice has been on this issue for a long time, pointing out how these laws erect unfair barriers to voting by the young, the old, minorities, and many women (particularly those recently married or divorced, who might not have ID in their current names) — all constituencies that tend to vote Democratic.

Ostensibly, these laws are intended to prevent the voter fraud that allegedly alters elections through the high-risk/low-reward process pictured below:

Lately, judges and the Justice Department have been agreeing with the Brennan Center that disenfranchising marginal voters is not just an unfortunate side-effect, but is the true intention behind these laws.

Prior to the Voting Rights Act of 1965, blacks had been virtually disenfranchised in many southern states. The Act dismantled the Jim Crow laws that enforced that disenfranchisement, and gave the Justice Department veto-power over any new laws in Jim Crow states that would affect the voting rights of minorities (rather than letting the laws take effect and requiring disenfranchised voters to sue). The Justice Department has used that power to invalidate voter-ID laws in South Carolina and Texas.

The Texas law is particularly egregious. ColorLines reports:

Texas has no driver’s license offices in almost a third of the state’s counties. Meanwhile, close to 15 percent of Hispanic Texans living in counties without driver’s license offices don’t have ID. A little less than a quarter of driver’s license offices have extended hours, which would make it tough for many working voters to find a place and time to acquire the IDs.

Now Texas has struck back: Its lawsuit claims the Voting Rights Act is unconstitutional, because southern states aren’t being treated the same as northern states. The Supreme Court is probably going to have to decide this.

When they do, I hope they take a hard look at the work of LeoT on Daily Kos. LeoT examines the historical frequency-of-use of terms like election fraud, vote fraud, and voter fraud. (Don’t you just love the Google tools that make this possible?)

All the terms have similar usage patterns except voter fraud. The term was virtually unknown until around 1960, then mysteriously in 1965 its usage began a steady increase, uncorrelated with the other election-fraud terms, until now it gets more usage that vote fraud.

LeoT interprets:

“voter fraud” … increased in usage 15,000% (150x) between 1965 and 2008, while “election fraud” increased 250% (2.5x) in the same period. Apparently, “voter fraud” didn’t matter until you weren’t allowed to disenfranchise minority voters.

Conclusion: The voter fraud issue has been manufactured to justify Jim Crow 2.0.