Time to Fight Fire With Fire

November 19, 2019

We’re in the middle of a campaign about whether Democrats should nominate a centrist and reject people like Elizabeth Warren and Bernie Sanders, who understand who and what is hurting most people in America – citizens, middle class and struggling, guests, refugees, union members, farmers, and consumers – most of us. Elizabeth and Bernie are the reasonable ones while most others avert their eyes or hold their noses. Three cheers for reasonable, straight talking, clear-eyed candidates.

What should Congress do? Compromise isn’t possible. Republicans can’t even accept surrender if Democrats’ names are on it. Negotiation isn’t possible no matter how much Republicans blame their own intransigence on the Democrats.

Congressional Democrats need to take a page out of the Republican playbook to copy Gingrich, fight fire with fire and refuse to pass essential legislation, including the budget, unless it has everything Democrats stand for and need for the welfare of all of us. I’d insist on language that eliminates any and all judicial seats from the moment the holder dies or leaves – no more appointments for Trump no matter when the election, no more judges who refuse to deal with the unconscionable ways that corporations eviscerate the lives of honest, hard-working people. Unconscionable, by the way, is a legal term that judges refuse to use when ordinary people are being shafted.

What will it do in the presidential campaign? Energize the party. It’s time Democrats stopped gagging themselves to stay closer to the middle, allowing the so-called “middle of the road” to drift further to the wrong, further away from what reasonable, real people need.

We need to stand up for each other, for our friends and our neighbors, for people who care for America, who actually believe in the Declaration of Independence and in the ideology of America, not the weakened and destroyed America that Republicans at the racist, billionaire and Tea Party tables happily let crumble. It’s time to show we really care about the harm that Trump and his lackeys are doing and stop it. No compromise with hatred, racism and the corruption of a selfish official with an ego so weak that he can’t stand truth and resorts to calling everyone else fakers, from scientists to journalists.

Tax cuts for the wealthy are obscene – their tax rates are already a fraction of what they were in America’s most productive times. So-called entrepreneurs don’t stand on each other’s shoulders – they stand on the shoulders of a government that created or financed the most important advances of modern life, from medical discoveries to the internet and the GPS system before making it available to private firms. No, we cannot have a decent or fair country if wealthy egotists can’t stand the idea of paying for decent public education. Yes, we can provide health care for everyone like most of the free world. Yes, we can rebuild our country’s infrastructure before it crumbles and takes America down. No need to worry about the billionaires and their crocodile tears about misnamed “entrepreneurs” who don’t need the rest of us to take care of them and don’t use their tax breaks to create jobs.

It’s time to stand on principle. And let’s be clear – principle is attractive and inspiring. We can help everyone from farmers and miners to doctors, teachers, nurses, truckdrivers and food service workers. It’s time for all of us to stand up for each other and show the selfish rich and their enablers what decency and principle really look like, while we show them the door out of Washington and the state capitals and send them to places where they can live the lives of refugees.


Democratic Presidential Candidates, Voters and Media

September 17, 2019

Commentators are scoring Democratic candidates by how “moderate” or “far left” they are. That’s nonsense. Let me count the ways.

Perhaps most important is that most voters don’t have a worked out platform. They are actually trying to judge sincerity. Some of us may prefer to choose policies. But most voters feel much more comfortable judging sincerity. So while commentators think Warren is too far to the left, the voters like her. What they are seeing is that she cares about them. That’s important. They want the winner to work for them and they figure that if the candidate cares, they’ll choose the right policies. That after all is the elected leaders’ job. Voters never aligned with Reagan’s policies but they liked and trusted him. That’s one of the reasons Republican appeals to what Reagan did seem hollow. They aren’t Reagan.

There’s another equally important reason. Presidential candidates’ policy preferences tell us what they will try to do, not what will happen. That’s partly out of any official’s control. Legislators, administrators, judges and changing circumstances have a large hand in that. Obama wanted a public option. I still do. But he couldn’t get it. What mattered is that he wanted medical coverage for all of us and he did his best. I appreciate that. And it is a big contrast with the absence of any Republican plan.

So it’s sensible for us as voters to ask whether this candidate will move the political system in a good direction, pulling and pushing despite opposition to get the best possible result. So a candidate like Warren is to the left of the Congress and thank heavens!

What I think the details really can show is whether the candidates are able to think things through. I do understand why she wants Medicare for all even though, if I were in her shoes, I wouldn’t push for it. Medicare for all guarantees a good plan for all of us because equality means that if it’s going to be good for us, it has to be good for them, too. And of course a single payer system is cheaper to administer. So I admire her dedication to getting good care for us all even if I can see disadvantages. But no candidate will get everything they want. So we’ll get a compromise between “moderate” ideas and caring motives. A president isn’t a monarch, and shouldn’t be.

One more reason: moderate and left are sloppy terms. If I like one leftish idea that doesn’t make me a leftist. If sometimes I support competition like Republicans do, that doesn’t make me conservative. Voters might disagree about one thing or another but like and trust a candidate. Or they might mislabel a candidate’s whole platform based on one idea and jump away. The media are being sloppy. There are ideas to the left of current American politics that Americans like and some they don’t. They do like medical care. They do want government to make sure that we all have access to important and essential services, whether or not the proposals started out on the left. Sloppy characterizations don’t help. Clarity and precision are much more useful.

 


If you don’t show, you don’t count

October 16, 2018

If you don’t show, you don’t count.

That’s true in many ways. If you don’t show up in the WAMC fund drive, you don’t count in its survival or in the quality of programming it can carry. And you leave the station’s underwriters less confident of what their efforts can do. Showing up matters.

If you aren’t planning to show up to vote, don’t fool yourself that it won’t matter. Or you might think that you’re sending a message. But the message received isn’t necessarily the same message you think you’re sending. The way politicians count no-shows is that you and those like don’t count. If you’re not likely to show up at the polls, politicians are not likely to spend much time worrying about your problems and how to convince you they are the good guys. They won’t spend much effort trying to help people like you and they won’t waste campaign time trying to explain to you and people like you why their policies matter or the other guys’ policies don’t.

And if the pollsters don’t think you’re going to show up at the polls, that changes what they tell us is likely to happen, and it deepens the discouragement of people like you. Politics won’t help you because not enough people like you show the pollsters and the politicians that you demand to be counted.

In other words, not showing up at the polls has consequences way beyond the election. It generates a vicious cycle. Who is going to care about your generation or your part of the country or your place in the economy if you don’t vote? Voting is the coin of the realm. It’s the currency from which politicians determine what to worry about. It’s what we have to pay to get attention. The other stuff, money, only matters if it can get votes. If your vote isn’t in play, you, your friends, family and others like you are not counted. That’s part of why voting is a civic duty. It’s not just something we do for ourselves, like buying a pair of socks. It’s something we do to set the scales of politics.

Even commentators like myself pay attention. Who’s out there that can get our message? Who’s out there that may run with our message? Who’s out there that needs to be or can be reached and persuaded?

Of course, understanding the issues matters. Many of us are convinced, for example, that Trump is playing for suckers lots of the people who are supporting him for economic reasons. We’re convinced that he’s covering his failures with pittances and throwing the benefits to others. But my point goes way beyond that because even if you make a mistake, the very fact that you got to the polls changes everything. Don’t stay home.

And when you get to the polls, don’t shrug off things that can go wrong at the polls – broken machines, difficulty getting the machines to reflect your choices, long lines to vote at too few voting machines, long distances to get to the polling places you are assigned. Make an objection. Go to a judge. Go to the reporters. Or get to one of the lawyers fighting to make our system cleaner and more democratic. You make a difference by being counted.

— This commentary was scheduled for broadcast on WAMC Northeast Report, October 16, 2018.

 

 


Anthony Kennedy And The Future Of The SCOTUS

July 4, 2018

Welcome to Iran. Iran has a Guardian Council of men in long robes. We have a Guardian Court of nine judges in black robes. Both decide who rules. The Guardian Council of Iran decides who is allowed to run. The Guardian Court decides which party wins by blessing the vote rigging that favors Republicans – by blessing gerrymandering after the Republicans rewrote voting districts to favor themselves; by blessing registration requirements that Republicans erected to block anyone likely to vote Democratic from getting or staying registered and from voting; and by removing the protections of the Voting Rights Act against discriminatory devices in the former Confederate states and wherever discrimination had been the rule.

The Guardian Court competes with Iran’s Guardian Council for political control by limiting what labor unions can spend[1] and by overruling limits on political spending by corporations.[2] It tilts the whole electoral environment toward the rich and powerful and against workers and consumers.

The U.S. Guardian Court is nearly as effective as the Iran Guardian Council, even without Russian help. And the retirement of Justice Anthony Kennedy will make it worse. He was the only conservative who understood that vote rigging is inconsistent with a democratic constitution and sometimes acted on that understanding. With a less principled replacement, the current court will present an even bigger barrier to protecting American democracy.

This isn’t about law and all about partisanship. It’s not, in Roberts famous example, like an umpire calling balls and strikes. It’s an umpire in one ball club’s pay, corrupt even as courts across the globe are gaining the confidence to insist on clean elections. To put it another way, the U.S. court system is being corrupted by the rewards of capitalism.

Still more is at stake. Roe v. Wade,[3] protecting a right to abortion, is at stake in the changes in the membership of the Court along with a panoply of labor, consumer, environmental and civil rights protections.

Discouraged? This is the worst time to be discouraged. We can take the country back. But first we must win two elections, the 2018 legislative election and the 2020 presidential election.

Winning the 2018 legislative elections on both the state and national levels can reduce the damage. Fairer state legislatures can insist on fairer elections. Congress has the power to regulate national elections to block states from using unfair rules. And it can block Trump’s plan to abuse the census to further turn the Republican minority of voters into national dominance.

Along the way, winning in 2018 can prevent any more bad nominations to our court system. It can block the Administration’s abuse of everyone from workers to women to immigrants.

Winning in 2020 will make all that easier and it will make it possible to get the Court back. Yes I said we can get the Court back; we can end the rule by the US Guardian Council that masquerades as a Court.

The Constitution does not specify the number of justices on the Supreme Court. That is set by law.[4] The number of justices has been set as low as five and as high as ten.[5] Although a controversial proposition, it has been argued that the number can be changed by the simple process of nomination and confirmation.[6] Either way, it is not set in stone.

President Franklin Delano Roosevelt proposed to increase the number when the Court was blocking his efforts to deal with the Depression. In the event, the Court backed down without any change in the number. But the point is that it can be done and should be.

This is a time to get fired up by the efforts of the capitalists, corporations and wrong-wing religious groups to use the courts to take our country away from us. We can take it back. We must and will take it back.

— This commentary was broadcast on WAMC Northeast Report, July 3, 2018.

[1] Janus v. AFSCME, Council 31, 2018 U.S. LEXIS 4028 (2018).

[2] Citizens United v. FEC, 558 U.S. 310 (2010).

[3] Roe v. Wade, 410 U.S. 113 (1973).

[4] 28 USC § 1.

[5] Act of Feb. 13, 1801, § 3, 2 Stat. 89; Act of March 3, 1863, ch. 100, 12 Stat. 794.

[6] Peter Nicolas, “Nine, Of Course”: A Dialogue On Congressional Power To Set By Statute The Number Of Justices On The Supreme Court, 2 NYU J.L. & Liberty 86 (2006).


What Happened at the Supreme Court Gerrymandering Argument

October 13, 2017

Based on the U.S. Supreme Court argument in the Wisconsin Gerrymandering case, I am optimistic that we may get some very much needed reform. To see why, click here for my commentary on TheHill.com.


Organize to Vote

May 2, 2017

All of those who took part in recent demonstrations – the women’s marches, Black Lives Matter and others aimed at protecting civil liberties, immigrants, the vulnerable and the less advantaged – we are not a minority.

But demonstrations aren’t enough. This country is ruled by ballots. Protests matter when ballots threaten. Nonvoters are routinely discounted. So the next step is to organize to vote.

That’s where demonstrations become a major opportunity. Those who marched can be helped to register or they can help others register and vote.

Marchers need to be asked: whether they are registered to vote; whether they are registered at their current address; whether they are registered to vote in the primaries; whether they have been getting to the polls and voting; and whether they know others, in this or any other state, who need help or encouragement to register and vote. Would you get registration forms for others?

Demonstrations can lead to votes in other ways.

Demonstrate at the Board of Elections to make a difference by showing we want to vote, we’re signing up to vote, we’re ready to vote. Let’s show up where it matters.

Demonstrate outside the 100 foot or other state defined zone where electioneering is prohibited, showing and sharing the fact and the joy that we voted, and you voted, and we performed our civic duty for each other and we did it together and we’re celebrating – those are demonstrations that can make a difference.

What’s crucial about the demonstrations we all took part in doesn’t end with the message. That’s the beginning; that’s what got us fired up and brought us together; that’s what made clear our commitment and our shared sense that acting as a people is empowering. But what matters is converting that commitment – the joy, the fire in our hearts and the messages we marched for – into votes.

Democracy depends on what happens at the voting machines. It’s run by votes and the threat of votes. Even campaign contributions are ultimately about votes. Voices are most powerful when they lead to votes. If we vote, we count. If we stay home in disdain because we’re not satisfied, we’re politically irrelevant. Vote. Count. Take back our democracy – for us, for all of us, for the people. Don’t let the moneychangers and the slick talkers take the forms of democracy for their own benefit. We vote; we count; and we celebrate.

Why look at that now? Because the organization that makes voting happen, the organization that makes the voices of the people matter at the polls and on the ballots, all that organization starts way in advance. Because every state has its deadlines. And back before the deadlines, organization is not instantaneous. Let’s create our political snowball. Let’s terrify the politicians with our strength so that they’ll actually have to behave democratically, according to the rules, principles and methods of democratic government.

Wouldn’t that be refreshing!

— This commentary was broadcast on WAMC Northeast Report, May 2, 2017.


Is Democracy in America Coming Apart?

December 6, 2016

I wrote Unfit for Democracy to warn that American democracy could collapse in coming decades. But the problems are coming home to roost sooner than I expected.

How the economy treats people matters. That was the starting point for my work and, since World War II, for political scientists studying the survival or breakdown of democracy. But the American economy has been leaving lots of people behind. In my book I argued that the Supreme Court was diluting the value of ordinary Americans’ economic rights in favor of the wealthiest people and corporations. I feared the danger to democracy as people became more and more desperate.

I also worried the Court wasn’t enforcing the Bill of Rights for ordinary people and feared would-be dictators could take advantage of it. And I worried because the Court permitted politicians to fix the voting mechanisms to make fair elections almost impossible.  Changes made after the 2010 census allowed Republican-dominated legislatures to lock Democrats out of Congress and the majority of state legislatures for the foreseeable future. That Court-sanctioned gerrymandering now blocks fair representation in Congress and in many states. Trump kept claiming that the system was fixed, implying that it was fixed against him, but the Court allowed the Republican Party to block access to the polls in many states.[1] The election was partly fixed, in favor of the Republicans and Mr. Trump.

I also worried that legal changes underlying changes in the media and the primary systems were contributing to the polarization of America. As Jim Hightower once titled a book,  There’s Nothing in the Middle of the Road but Yellow Stripes and Dead Armadillos. I thought that was dangerous.[2]

Now we are finding out that only a quarter of Americans still believe that it is important to live in a democracy. And we’ve elected a president who befriends autocrats – autocrats who destroyed democratic governments, censored the press, put opponents in prison, and took over.

Once that happens, the people who wanted to break the system down have no voice in what the new system does. Autocrats around the globe become kleptocrats – they steal from everyone for themselves and their friends. In commentary earlier this year I described that as the Sheriff of Nottingham syndrome – the sheriff from the Robin Hood legend who took from the poor to fill the pockets of King John. Corruption in democracies doesn’t hold a candle to what autocrats do to their people financially, how opportunities suddenly depend on the dictators’ favor, how freedom disappears, real freedom, the freedom to walk around out of prison and take care of one’s family. Those folks who were so ready to break the system are likely to be among the first broken by it.

The Court won’t protect us. Those with power have no motive to protect us, but only to keep their own advantages. The rich will have more, not less control. Just look around at how Trump is deepening the threats:

  • His worldwide set of conflicts of interest become opportunities for Trump enterprises in the pattern of third-world kleptocracies;
  • He proposes to cut benefits for ordinary Americans, leaving more for himself and friends;
  • He selects America’s wealthiest to run our economy;
  • He rants about asserting “Second Amendment rights” at the polls as if menacing people at polling places advances democracy;
  • He rants about throwing people in jail – starting with his political opponent – though that threatens democratic competition;
  • He seems to think that winning means he can do whatever he wants.
  • And he and the Republicans seem to believe recounts are legitimate only for themselves – not to protect and enforce the voters’ choices.

If American democracy collapses, it will be the biggest victory for the world’s worst people. As Trump pounds on the pillars of democracy, we will have to do all we can to preserve the American democratic way of life.

[1] Unfit for Democracy, at 195-204.

[2] Id.  at 153-67; Law and the Polarization of American Politics, 25 GEORGIA STATE L. REV. 339 (2008).

— This commentary was broadcast on WAMC Northeast Report, December 5, 2016.

 


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