The Supreme Court and the battle for the U.S. Senate

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by Wendy Schiller       

“I hope they are fair.” (President Barack Obama March 16, 2016)

With the death of Supreme Court Justice Antonin Scalia, Election 2016 just got much more complicated. The GOP majority leadership in the Senate has threatened not to hold any hearings or votes on Merrick Garland, the Chief Judge of the D.C. Circuit Court of Appeals, who was nominated to fill that vacancy by President Obama on March 16, 2016. They argue that it is too close to a presidential election, and a new president, to consider the nomination and that it should wait until after the new president is elected. Playing politics with Supreme Court nominees is not necessarily new for the U.S. Senate – Democrats and Republicans alike have done so in the past. However, it is nearly unprecedented to consider leaving a seat vacant on the Supreme Court for what will likely be more than a year. And the electoral landscape for the GOP in the U.S. Senate is extremely challenging because the GOP is defending 24 currently held Senate seats, while the Democrats are only defending 10 currently held Senate seats. That means many more Republican Senators will be forced to explain why they refuse to grant even a hearing to the President’s Supreme Court nominee in a year when voters already believe that the Congress – indeed the federal government more generally – is broken.

Amidst that electoral landscape, the chess match between Senate Republicans and the Democratic President gets more complicated because the chair of the Senate Judiciary Committee is Charles Grassley, who is a Republican from Iowa up for reelection in 2016. Until recently it was unclear that a strong challenger would emerge to take on Grassley, who was first elected to the Senate in 1980. But just last week, Patty Judge, who has served as lieutenant governor of Iowa and its state agriculture secretary, announced that she will seek the Democratic nomination to run against Grassley. There are already three other candidates who have announced their intention to run against Grassley, but Patty Judge is widely thought to be the strongest candidate in terms of statewide appeal. Additionally, Hillary Clinton won the Iowa caucuses and is expected to be competitive in that state if she is the Democratic presidential nominee; it is possible that Grassley could face mobilized opposition from women in his home state on at least two fronts.

Merrick Garland served as a private practice attorney, a federal prosecutor who was part of the investigation into the Oklahoma City bombing, and was nominated by President Clinton to the D.C. Circuit of Appeals in 1997 and confirmed in a majority GOP controlled Senate. In fact, he was confirmed by a supermajority of Democratic and Republicans in the Senate, including seven Republicans who are still in the Senate today: Dan Coats (Ind.), Thad Cochran (Miss.), Susan Collins (Maine), Orrin Hatch (Utah), James M. Inhofe (Okla.), John McCain (Ariz.), and Pat Roberts (Kan.). However, Senator Grassley voted against him which means he is on record as opposing him well before this Supreme Court nomination emerged. Grassley maintains, along with the Republican leadership in the Senate, that their refusal to even consider Obama’s nominee has nothing to do with the person but rather the process.

Still, the ripple effect of the pressures on Charles Grassley to hold hearings on Merrick Garland is significant. For now, other GOP senators who are considered vulnerable in 2016, including Kelly Ayotte (NH), Ron Johnson (WI), Richard Burr (NC), Patrick Toomey (PA), and John McCain (AZ), are holding firm against considering any Obama Supreme Court nominee. But some of these senators are potentially facing very strong challengers: current Governor Maggie Hassan in NH, former U.S. Senator Russ Feingold in WI (whom Johnson defeated in 2010), former female State House Representative Deborah Ross in NC; former Congressman Joe Sestak in PA (whom Toomey defeated in 2010), and in Arizona, McCain is facing a potential challenge from Ann Kirkpatrick, a sitting Democratic Congresswoman. These challengers will make the Supreme Court nomination, and the process itself, a campaign issue against these incumbent Republican Senators. The more the landscape looks inviting to mount serious challenges to GOP senators, the greater the Democratic Party’s mobilization effort will be in terms of fundraising and campaign messaging. If Grassley is forced to consider holding hearings in the Senate Judiciary Committee to preserve or strengthen his own reelection chances, the other members of his party running for reelection in 2016 might begin to feel similar pressures. The takeaway for Election 2016 is that the Supreme Court nomination battle may not just be a fight about controlling the direction of the Court, but also about partisan control of the U.S. Senate itself.

electing the senate schiller jacketWendy J. Schiller is associate professor of political science and public policy at Brown University. Her most recent book is Electing the Senate: Indirect Democracy before the Seventeenth Amendment.

A Single Issue Candidate?

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by Jason Stanley

On February 11th, in the democratic debate between Hillary Clinton and Bernie Sanders in Milwaukee, Clinton introduced a new criticism of Sanders that has since become one of her campaign’s central themes. Sanders is a single issue candidate, focusing on the problems caused by Wall Street, big financial interests, insurance companies and other wealthy and powerful business interests to the exclusion of other, equally important and structurally central issues.

There are, refreshingly, legitimate philosophical disagreements at issue in the democratic primary. However, I will present strong reasons to reject Clinton’s position. The Sanders’s campaign addresses significant issues that speak to a large, diverse, and important number of social and political ills, made worse by the lack of significant campaign finance reform. Most importantly, Clinton’s campaign strategy and arguments for it give us reason to suspect that they are problematically influenced in a way that strengthens, rather than minimizes, Sanders’s concerns.

Bernie Sanders could not be more explicit about his central political concern. It is wealth and income inequality. On his website, it is the first issue listed. It is described as “the great moral issue of our time…the great economic issue of our time, and…the great political issue of our time.” His view about how to tackle the problem is also clear. We must “take on the enormous economic and political power of the billionaire class.” This is a stark contrast with Hillary Clinton. In a recent article, Thomas Frank writes, “income inequality has little role in the grand sweep of her political career.”

Clinton introduced the charge that Sanders is a “single issue candidate” in Milwaukee:

Yes, does Wall Street and big financial interests, along with drug companies, insurance companies, big oil, all of it, have too much influence? You’re right. But if we were to stop that tomorrow, we would still have the indifference, the negligence that we saw in Flint. We would still have racism holding people back. We would still have sexism preventing women from getting equal pay. We would still have LGBT people who get married on Saturday and get fired on Monday. And we would still have governors like Scott Walker and others trying to rip out the heart of the middle class by making it impossible to organize and stand up for better wages and working conditions.

Clinton here blames the crisis in Flint on “negligence”, which is a failure of individual responsibility (presumably, the governor’s). The “racism holding people back” has nothing to do with “Wall Street and big financial interests, along with drug companies, insurance companies.” These are notions of racism, sexism, and homophobia detached from oppressive economic structures.

One model of racism, sexism, and homophobia treats them as problematic attitudes that individuals have. Clinton attributes Governor Scott Walker’s assault on the labor movement to his lack of empathy, also a problematic individual attitude. I begin by responding to Clinton’s arguments, using this individualist interpretation of Clinton’s examples.

Clinton is fair to describe Sanders’s mission in terms of a battle against the excessive influence of “Wall Street and big financial interests, along with drug companies, insurance companies, big oil”. Clinton clearly thinks this is not serious enough to be the basis of a presidential campaign. Her campaign strategy is to minimize the problems these institutions pose to our social and political system.

Many of us agree that racism, sexism, homophobia, Flint, and Scott Walker are serious problems. Clinton presents them as clearly outside the scope of Sanders’s single issue, the “excessive influence” of the billionaire class and the institutions they control. Instead, she attributes these problems to individual failings. Let’s take the problem of racism as a test case of this view. Is the problem of racism mainly or centrally a problem of individual racist attitudes? Or is racism substantially interrelated with the practices and institutions Sanders targets?

In “The Case for Reparations”, Ta-Nehisi Coates builds a case for reparations for Black Americans. One of his central examples of a historical racist harm reparations should address is the 20-1 wealth gap between white and Black Americans. Is the wealth gap mainly a problem of individual attitudes?

Coates argues that a central mechanism in the maintenance of the wealth gap is homeownership. At the heart of his analysis are the structural practices of mortgage lending at the intersection of government housing policy, banks, and other lending institutions. His argument for reparations culminates in an account of the predatory lending practices of financial institutions during the recent subprime mortgage crisis, which as have been well-documented, reinforced and increased the racial wealth gap. In short, he argues that in explaining a chief racial harm, the 20-1 wealth gap, one must appeal to the structural practices of the apparatus of mortgage lending, practices at the heart of the financial industry.

The practices of finance are mainly guided by the view that pure profit seeking is in the public good. The poor have no choice but to accept high interest rates. So when such practices are applied to a group that has been historically disenfranchised, their effect is to support and maintain that disenfranchisement. These are essential mechanisms in the support and maintenance of the racial wealth gap. After a certain point, the mechanism can even be self-sustaining. After all, even if everyone working in those institutions suddenly adopted antiracist views, practices that already target poor populations would not substantially change.

I have represented Clinton’s argument with the use of individualist notions of racism and sexism. But the argument cannot be saved by appeal instead to structural ones. There is no notion of structural racism that is entirely devoid of economic oppression of the sort Coates discusses (mutatis mutandis for the structural effects on race of the health industry and the energy industry). Similar points can be made about structural sexism.

Clinton has spoken movingly and incisively about structural sexism. But in this campaign, Clinton has repeatedly represented calls for significant structural reform as juvenile or pointless. This suggests an ideology that minimizes the effects of structural oppression. Clinton tends to propose policies that support the ideal of enhanced individual opportunity. The rhetoric of individual opportunity suggests a picture of social and political reality as consisting simply of array of individual citizens. It supports general enhancement of opportunities as a natural policy goal. But this is dangerous political illusion.

Suppose one group fails to benefit from a policy intended to benefit all. A picture of political reality that omits structural barriers to a group will leave its members as the only visible source of fault for policy failures. When a policy fails because of the structural barriers the group faces, its failure will instead be attributed to character flaws of members of that group. A correct picture of social and political reality must include not just individuals but also the significant structural barriers between them.

Sanders’s agenda in running for President is to reform institutions and practices responsible for the maintenance of structural barriers between groups, with the structural barriers erected by wealth and income inequality as his focus. He emphasizes “the billionaire class”, by which he means those who control and direct streams of capital, out of suspicion that their practices bear outsized responsibility for maintaining unjust social and economic distinctions. The individuals and institutions provide mechanisms through which historical structural injustices become self-reinforcing. I have used Coates’s explanation of how mortgage and lending practices are mechanisms in the maintenance of the racial wealth gap to illustrate Sanders’s point. In our society, much structural injustice runs through the mechanisms that control flows of money. They are far from the only mechanisms supporting the diversity of kinds of structural injustice, but given our economic system, they are the ones that have the widest application.

Why did Hillary Clinton choose the general campaign of minimizing concern for the causes of wealth inequality? Why not instead coopt the Sanders agenda, combining it with her indisputable policy expertise, experience, and brilliance? This would show respect for Sanders’s concerns, while making a powerful case that she is the best candidate to address them. It’s implausible to attribute this campaign strategy to a decision about electoral strategy; indeed her campaign strategy has widely been taken as the cause of Sanders’s shocking upset in Michigan. As a short-term plan, her campaign strategy was unwise. This has not been addressed in recent discussions. It requires explanation.

Two examples Clinton prominently used of real problems that would not be addressed by Sanders’s concerns and reforms are crucial to discuss in explaining her choice of campaign strategy. These are the examples of Scott Walker’s policies, and the disaster in Flint, Michigan. Her choice of these two examples is concerning. On closer inspection, it supports Sanders’s views about the moral and political threat posed by “the billionaire class”.

Is the cause of Scott Walker’s anti-labor policies lack of empathy? Or is it rather that he is, in the words of a prominent national politician, just getting “his marching orders from the Koch brothers”? The Koch brothers are the nation’s premier financial supporters of politicians whose policies reinforce structural barriers due to wealth inequality. Their relationship to Scott Walker is one of the most salient examples of the “enormous economic and political power of the billionaire class”. And Hillary Clinton is undeniably aware of the duplicity involved in using this example; after all she is the “prominent national politician” quoted at the start of this paragraph.

Far more worrying, however, is Clinton’s use of the water disaster in Flint, Michigan as a problem that would be left completely unaddressed by Sanders’s “single issue” reformist agenda. Clinton attributes the cause of the crisis to a failure of individual responsibility. This is an egregious misrepresentation. There are two central causes of what occurred in Flint. One cause is Michigan’s Emergency Manager laws, which were used to replace democratically elected mayors with “emergency managers” who were then in complete control of financial decisions. Racism played a significant role here, as claims of emergency seemed to suspiciously correlate with majority Black cities. These “emergency managers” then made undemocratic decisions, which seemed to serve the “billionaire class” at the center of Sanders’s concerns, rather than the citizenry.

The second central cause of the disaster in Flint is the swap contract the banks engineered with Detroit Water and Sewerage Department (DWSD). DWSD had to pay $537 million simply for a swap contract termination fee. DWSD was forced to raise its fees drastically. Since Detroit sits on the world’s largest body of fresh water, it is quite obviously not because of a resource poor situation. It is because of a swap contract that was, to say the least, ethically deeply troubling.

The first nationally reported effect of these deeply problematic financial industry contracts was the widespread water terminations in Detroit. It was predictable then that there would be additional victims of the combination of undemocratically appointed “emergency managers” with financial industry practices of offering absurd swap contracts to “protect” municipalities and public utilities from drastically rising interest rates that never arrived. The general consensus is that the EM’s decision to switch Flint’s water source away from DWSD was to avoid high rates for water paid by customers of DWSD. If so, the cause of the Flint emergency is the disastrous swap contract that the banks negotiated with DWSD, i.e. a direct result of bank practices that Sanders’s campaign targets.

In recent weeks, newly uncovered emails have suggested an alternative motivation for the switch from DWSD to the Flint River. According to the Detroit Metro Times, the emails suggest the motivation for the switch was instead [Governor Rick] “Snyder’s desire to privatize and break up DWSD or maybe Snyder’s goal of opening up fracking opportunities around the new KWA pipeline.” After all, removing Flint, an important source of revenue for DWSD, obviously adds to the financial woes caused by its deal with the banks, and strengthens the claim to sell it into private hands.

This too squarely places the blame on the agendas of the “billionaire class”. DWSD is a public utility with access to the world’s greatest supply of fresh water, the Great Lakes. There are many wealthy and powerful interests who would wish to own such a unique resource and use it for profit, and its debt is used in the argument to privatize it. The entire story about Flint is one about the “billionaire class” jockeying for money and power; the only question is which exact interests are the cause. None of it involves “negligence”. Quite the contrary, it involves careful strategic planning.

Why has Clinton’s campaign strategy taken the form of minimizing the problem of wealth inequality? To deepen the mystery, why use examples that underscore the importance of the issues at the heart of Sanders’s campaign, in an effort to minimize them? What follows, of necessity, involves speculation about motivations.

The water crisis in Flint has attracted international attention. A shady financial industry deal with a public water utility is generally agreed be its cause (a point oddly absent from the national press narrative). The situation raises serious concerns for the financial industry. Flint is an obvious example to use to build public pressure for a general reformist agenda that would address the problem of shady municipal loans. Perhaps the whole practice of such contracts with public utilities and municipalities might be drastically reformed, well beyond what already has occurred in Dodd-Frank.

The second concern is that Flint could be employed to extract a record settlement as well as lawsuits against the banks (conservative estimates of costs of repairing the water system start at 1.5 billion). JP Morgan Chase offered a swap contract to the public water and sewer utility in Jefferson County, Alabama, which almost led to the country’s largest municipal bankruptcy. The SEC leveled a 722 million dollar fine against JP Morgan Chase for overcharging on swaps. The state of Michigan is Jefferson County writ large.

As Wallace Turbeville documents in an important 2013 piece in Demos, the “risky financial deals” Wall Street sold to Detroit in 2005 and 2006 play a large role in its financial problems. DWSD’s rate hike due to a problematic swap contract led to the water crisis in Detroit last year. The water crisis in Flint is also directly connected to the debts DWSD incurred from this Wall Street contract (even the argument for privatizing DWSD is based on its thus incurred debt). At some point, even the national media might recognize that there is a stream of problems in Michigan connected to water. It is but a short step to trace them to the public utility supplying it, and to recognize that its problems are due to an ethically dubious swap contract arranged by Wall Street. A good deal of the work of Snyder’s “emergency managers” has been to obscure and prevent such an outcome, by directing the blame elsewhere (e.g. pensions), and keep revenue streams flowing to the banks. But if the national media were somehow (miraculously) to draw the connections, there could be strong public pressure for settlements and lawsuits of historic proportions.

The above facts raise the possibility that Clinton disconnected the crisis in Flint from its actual causes in a highly prominent television moment as part of an agenda to protect the interests of Wall Street.

Hillary Clinton has received 2.9 million dollars in speaking fees from speeches to financial institutions between 2013 and 2015. She has many other connections, and is the recipient of much campaign support from them. These facts lead her to be less critical about these institutions and their practices, to minimize their harms, including the influence of their lobbying on politicians. And isn’t that exactly the problem Sanders’s reformist agenda seeks to address?

“The billionaire class” directs vast flows of cash at our politicians. We have seen strong evidence that is has influenced Clinton’s recent rhetorical strategy, whose purpose after all is to minimize concerns about the influence of “the billionaire class”. The very campaign strategy she has taken is in fact its own best self-refutation.

Stanley jacketJason Stanley is the Jacob Urowsky Professor of Philosophy at Yale University. Most recently, he is the author of How Propaganda Works. Read more on his website, here.

Simon Reich: Does it matter who wins the election when it comes to the Middle East?

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Elections, the perennial wisdom tells us, are generally not decided by foreign policy issues.

But who’s to say that 2016 will not buck the trend, as it has in so many other ways?

We are potentially only one Paris-style terrorist attack or a brazenly aggressive act by Russian President Putin from changing the mood and focus of the American electorate.

Indeed, Republican voters already consider terrorism their primary concern. And the never-ending, slow drip release of Hillary Clinton’s Benghazi emails is certain to return the spotlight to foreign policy.

So let’s take a look at how the candidates stack up in the most contentious region in the world: the Middle East.

Whom to compare – and why

Let’s look at the three major Republicans left in the race.

Donald Trump has actually said very little about foreign policy, especially about the Middle East.

In fact there are essentially few discernible differences between Trump’s position on the region and those of his main rivals, Ted Cruz and Marco Rubio.

While Trump says little, Cruz’s position is one-dimensional. He would rely on brute force. Cruz has said he wants to “carpet bomb” the Islamic militants and find out whether “sand can glow in the dark.” But there isn’t much beyond that. Still, it is more than Trump has offered which is to “behead” the Islamic State, or ISIS, and steal their oil.

Rubio’s position is the most fleshed-out, probably because he has the most foreign policy expertise and has spent time working on the Senate’s Foreign Relations Committee. Not surprisingly, therefore, he also offers the most comprehensive plan for dealing with ISIS, the central focus of his plans for the Middle East if elected.

Hillary Clinton, of course, has by far the most foreign policy experience of any candidate left in this year’s field – and arguably among the most of any in history.

First Lady, Secretary of State, the Clinton Foundation: she has a unique resume.

Two different world views

So how do Clinton and the Republicans compare when it comes to American policy the Middle East?

President Obama has often, I believe unfairly, been accused of having no grand strategy at all, let alone one for the region.

The consensus among American policymakers is that there are are four enduring interests for the U.S. in the Middle East: oil, regime change, terrorism and the protection of its allies (always Israel and, more variably, Saudi Arabia).

Then there are also always a series of proximate issues that dominate the press – like Iran’s nuclear program or ISIS’ conquests.

The differences between these candidates are which they prioritize, and how they approach them.

Clinton’s liberal internationalism

Clinton’s approach to strategy in most of these areas relies on what policymakers and academics generally label a liberal internationalist approach, one that employs what they call “smart power.”

This approach relies on a combination of tools – diplomatic, economic, military, political, technological and cultural – in the pursuit of foreign policy.

Secretary of State Clinton speaks on Middle East policy in 2010 Jose Luis Magaua/Reuters

Secretary of State Clinton speaks on Middle East policy in 2010
Jose Luis Magaua/Reuters

Clinton has explicitly written and talked about smart power. She used this approach in Libya in 2011 when the goal was regime change
and would employ the same cocktail: for example, to defeat terrorist groups like ISIS. But while she favors a no-fly zone to protect civilians in Syria, she eschews the idea of American forces entering a Middle Eastern ground war at this point.

So, right or wrong, she appears to have learned some lessons from the Iraq debacle and the shorter Libyan intervention.

All presidential candidates talk about the essential role the U.S. plays as a “leader.” But, when they use that word, they don’t always mean the same thing.

Generally, Clinton favors the kind of influential multilateral approach to leadership adopted by the Obama administration in the negotiations with Iran over its nuclear program. There it saw itself as a “first among equals”: that is, a member of a group who is officially on the same level as the other members but who has more responsibility or power.

In practice, that means that the U.S. sets the agenda and largely defines the approach to problem, even as it seeks and acts on the basis of consensus.

It also means that its policymakers anticipate the need to compromise. John Kerry epitomized that approach in the exhaustive negotiations with the Iranians.

The Republican primacist view of the world

The Republicans all rely on a very different set of principles in defining their general strategy.

It is one that policy wonks and academics label “primacist.” A primacist approach relies much more on military power than Clinton’s more balanced elixir when it comes to foreign policy.

Cruz, for example, simply wants to destroy what he calls “radical Islam” from the air through carpet-bombing.

Rubio’s view is more developed. His view of leadership entails a rhetorical reference to multilateral coalitions. But still, like Cruz or Trump, he has a far greater willingness to act unilaterally without regard to the concerns of organizations such as the United Nations.

Senator Rubio at the Senate Foreign Relations Committee (with Senator John McCain in the background). Larry Downing/Reuters

Senator Rubio at the Senate Foreign Relations Committee (with Senator John McCain in the background).
Larry Downing/Reuters

So it isn’t surprising that Rubio’s stump speech includes lots of references to rebuilding and modernizing the military in the face of what he characterizes as “devastating” recent defense cuts. Indeed, Trump has said it would be his first order of business if elected president.

Of course, America’s military power is unprecedented. And the danger of a primacist approach is that policy makers see the use of force as a first option rather than a last one in resolving every problem. Indeed, it recalls the adage that “when you have a hammer, everything looks like a nail.”

Obama tried to construct a national security strategy that conserves American power. Clinton advocates much the same. But the Republicans’ philosophy is based on the belief that the aggressive use of American power will only make it more powerful.

So it isn’t surprising that Rubio’s plan to defeat ISIS includes a ground war. Or that all the Republicans are staunch advocates of intervention against countries like Iran and say they would tear up the agreement with the Iranians (and indeed roll back any agreement with Cuba if elected.)

Unlike Clinton, Rubio, for example, would aggressively support regime changes in both countries. The Republicans reject what Obama characterizes as “strategic patience” an approach that emphasizes the importance of awaiting changes to slowly unfold in both countries.

Similarities – yes, there are some

Nevertheless, there are some areas where Clinton and the Republicans would likely enforce similar policies.

These are areas where every president, including Obama, have been remarkably consistent. The U.S. Navy, for example, protects freedom of navigation in the Straits of Hormuz off Iran’s coast. Their goal is to ensure that world markets are not roiled by a sudden shortage of Middle Eastern oil caused by sabotage of tankers passing through this narrow waterway.

And they’d all maintain a close alliance relationship with Israel, although – based on their rhetoric – the Republicans would be exceptionally uncritical.

Clinton, for her part, has consistently supported Israel and has links to America’s Jewish community that can be traced back decades. But her support of the Iran deal has cast a doubt in the minds of some of Israel’s supporters as to her fidelity when it matters the most.

So what should we conclude?

At the end of the day, the policy differences between Clinton and the leading Republicans are occasionally stark. At other times, however, they are unclear.

If we are to believe what they say (which is always an issue in any election season), then the chances of America entering a new ground war in the Middle East will significantly increase under a Republican president. Their style would be more forceful as they rely more on American military power as an instrument of change.

Clinton’s style and tone would differ. Looking at the success of the Iran agreement, she might be tempted to rely more on multilateral diplomacy as a first option and force as a last – even if it means negotiating with people she doesn’t like.

Then again, despite her impressive resume, Clinton might feel that she has to demonstrate some resolve, as America’s first female president, to address any lingering doubts. And in the Middle East there is no way of knowing where that will lead.

One thing is certain: whoever becomes president, there is no way that America will relinquish its continued obsession with the region.The Conversation

Simon Reichgood-bye hegemony reich jacket, Professor in The Division of Global Affairs and The Department of Political Science, Rutgers University NewarkHis most recent book is Good-Bye Hegemony! Power and Influence in the Global System.

This article was originally published on The Conversation. Read the original article.

Paula S. Fass: Young Americans need required national service

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Hillary Clinton has advertised her concerns for children and has a long track record of supporting policies on their behalf, and almost all Democratic candidates as well as President Obama have urged that college be made more affordable. But no candidate has addressed a critical question: What do young Americans between 18 and 21 need? Indeed, the absence of the problems of youth from the campaign is notable. But youth’s increasing frustration with business as usual has emerged in this long campaign season in a variety of ways, not least in their unhappiness with establishment candidates. Candidates who are even semi-conscious of the problems faced by America’s youth have all put their emphasis on more schooling (President Obama), free tuition at public colleges (Bernie Sanders) or more generous Pell Grants (Hillary Clinton). I want to propose that this presidential election cycle is missing the point and seriously out of touch with the problems of youth.

Schooling is not the solution and while the current proposals may create slightly more opportunity, it is still the same game – a schooling game that is in many ways the basis of the problem. Most young people today see schooling as rigged; something to be manipulated by them or against them; something that often leads nowhere. Schooling goes on forever and makes them dependent on their parents for a long time. It does not necessarily lead to jobs they value.

Young people – let’s call them young adults—are eager for meaning, for something to help define them as mature. They are eager for work. Yes, work. Only in the last one hundred years have we assumed that work is bad for young people. And certainly for seven or eight year olds or even fourteen year olds, to work in factories or sweat shops is very bad. But work that brings a sense of personal reward, camaraderie, and a means to cut through what many young people see as the boredom of school-based abstraction, is just what most American young people need.

Of course, it has to be the right kind of work that will result in more equality, not less, the kind that gives its participants a sense of genuine achievement. So I am proposing that our presidential candidates consider two years of required national service for all young Americans between 18 and 21 years of age. Some of these youth will elect to go into the armed forces, some could help to preserve and enrich the natural environment (as they did during the New Deal); others could serve as tutors in schools and community centers. Some might even feel that their time and energy might best be served by building houses for the poor or good water pipes in communities whose infrastructure is crumbling (think Flint). Others could help old people learn how to use the web. We know that we as a society need these services. I would argue that young Americans would be given a sense of maturity and competence by providing them. Instead of sending high school students out to do community service to pad their resumes, or juvenile prisoners out to clean the highways, let’s give young people a sense of common purpose.

This service should, of course, be paid. Young people like to earn money and this would provide them with a means to gain a certain measure of independence from their parents. They could then use the money to pay for tuition, invest in a business, save for a down payment on a house or apartment – all things that will give them independence. But the monetary benefit is only one of its many results. Young people would meet others from very different class, racial and ethnic backgrounds. National service would help to level the field (away from advantages provided by parents) and make the young much more aware of what they share with those who are not privileged. This was one of the objectives behind the development of common schools. Today’s young inherit too much from their parents – both advantages and disadvantages. National service would serve as a leveler of parental advantages and a liberator from dependence on parents.

There is another type of equality that national service would provide too often overlooked: It would allow non-academically inclined students to shine in ways that today’s emphasis on schooled skills has completely obscured. Many young people have real talents though they are not good at sitting still. No amount of Ritalin can deal with the differences of temperament and inclination that are common to youth. Active work in which building a house is seen as quite as valuable as tutoring math or writing would allow for talents of all kinds to be acknowledged as a social good, and rewarded at a point in life when this can be an extraordinary boost to personal growth.

I know that many people will contend that there are all kinds of obstacles to this plan, but I think it is so important to address the many serious problems of today’s young people – some of them the result of the way we have organized schooling—that these can be overcome with enough imagination and skill. National service will benefit young people, our society, and our future.

FassPaula S. Fass is professor of the Graduate School and the Margaret Byrne Professor of History Emerita at the University of California, Berkeley. The author of Kidnapped and Children of a New World, she recently edited The Routledge History of Childhood in the Western World. Her most recent book is The End of American Childhood: A History of Parenting from Life on the Frontier to the Managed Child. Fass lives in Berkeley, California.

Jonathan Zimmerman: Hillary Clinton and the Perils of Authenticity

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Bernie Sanders thumped Hillary Clinton in the New Hampshire Democratic primary, winning almost 60 percent of the vote. But among voters who said that the candidate quality mattering most to them was “honest and trustworthy,” Sanders took an astounding 91 percent of the vote.

What’s up with that? Clinton critics will point to her long record of secrecy and dissembling, from Whitewater right up to the recent email-server scandal. But I’d like to suggest a different explanation: Clinton’s own generation made personal honesty and authenticity into a sine qua non for politics itself. And now it’s coming around to haunt Clinton, especially among voters in the generations after hers.

To get a sense of this, have a look at the 1969 commencement address by Wellesley College’s first-ever elected class speaker: Hillary Diane Rodham, later to become Hillary Rodham Clinton. Rodham had been preceded at the podium by Massachusetts Senator Edward Brooke, who denounced “coercive protest” on college campuses. He also chided student demonstrators as a “curious hodgepodge” of radical elements, “irrelevant . . . to the realities of American society in our time.”

Nonsense, Rodham replied. Campus protest actually contained a strong “conservative strain,” which called the country back to its “old virtues”—especially, the student said, the ideal of “human liberation.” By protesting America’s deviations from that goal, both at home and abroad, student protesters had revived—not rejected—the nation’s founding principles. And they had even set an example for the rest of the globe, which was likewise struggling to implement the universal ideals at the heart of the American dream. “It’s such a great adventure,” she said. “If the experiment in human living doesn’t work in this country, in this age, it’s not going to work anywhere.”

At first, Rodham’s speech seems to highlight the differences between her generation of campus activists and our own. Rodham doesn’t flinch from criticizing America (or from calling out a patronizing U.S. Senator!), but her remarks communicate a sense of national possibility—even, of national greatness—that’s often missing from today’s college conversations. What drew people to Rodham then—and, I think, now—is her unwavering optimism, her cheerful insistence that Americans could build a better country and a better world.

But there’s also a part of her speech that’s concerned with individual identity and especially “authentic reality,” as she called it, not just political power and social justice. To Rodham, it isn’t enough to bring down the poverty rate or to help more minorities go to colleges like Wellesley, two goals she mentioned in her speech. Americans needed to develop a whole new way of being, she said, rooted not in greed and accumulation but in honesty, trust, and respect. “Our prevailing, acquisitive, and competitive corporate life, including tragically the university, is not the way of life for us,” Rodham explained. “We’re searching for more immediate, ecstatic, and penetrating modes of living.”

That raised the stakes considerably, because you needed to be good rather than simply act good. And, ironically, it has also become a stake in the heart of Hillary Rodham Clinton. Polls show that even people who share her politics often don’t believe in her. They think she’s a poser, a fake, a phony. She isn’t what she seems..

With Sanders, of course, it’s the opposite. Whether they agree with him or not, almost everyone thinks Sanders is real. Bernie is gruff, Bernie is rumpled, Bernie is plain-spoken. You might not like what he says, but you don’t doubt that he means it.

Sanders was a product of the student Left, too, but he came of age a few years before Hillary Rodham did. And timing is everything in these things. In the early 1960s, when Sanders was staging sit-ins against segregation, there was less overall concern with questions of individual authenticity. The most urgent task was to fight social injustice, not to find new forms of interpersonal communication and connection.

But the late 1960s had a different spirit. If you look again at her speech, you’ll see that Hillary Rodham was in some ways more radical than Bernie Sanders was. She urges us to fight injustice, too, but she doesn’t stop there. She imagines a society with more honest and meaningful human relationships, not just with a more equitable distribution of resources.

But it’s hard to create a stable or meaningful politics on those terms. How do you know what’s really going on inside of someone else? The quest for authenticity in some ways harkens all the way back to the Puritans, who said that political leadership should be reserved for people who had cleansed their souls. And their own society became unglued (see: Salem Witch Trials) when nobody could figure out—for sure—who was truly holy, and who wasn’t.

You can hear a similarly Puritan tone in some of the recent campus protests, which likewise insisted that our universities purge themselves of sin—mainly, the sin of racism. In “listening sessions” and other events, stone-faced administrators proclaimed their commitment to “diversity,” “inclusion,” and so on. But many protesters demurred. Their leaders were empty suits, students said, mouthing platitudes and homilies to placate the crowd. They weren’t real.

Hillary-haters who read her Wellesley speech will probably focus on her comments about acquisitiveness and corporate greed, and then say something snarky about her Wall Street speaker fees. But I think they’re missing the main point here. The reason we’re arguing about who Hillary Rodham Clinton “really” is has nothing to do with her politics, as we used to understand that term. It’s because her own generation made authenticity the measure of all things. And we still haven’t figured out a way to measure it.

zimmerman jacketJonathan Zimmerman teaches education and history at New York University. He is the author of “Too Hot to Handle: A Global History of Sex Education,” which was published in 2015 by Princeton University Press.

Zoltan L. Hajnal: Trump’s strategy is nothing new for the GOP

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Donald Trump disparages Muslims. He attacks Mexican immigrants. He insults women. And what happens? Voters flock to him.

Trump’s rapid rise to the top of the Republican polls and his enduring role as the Party’s front runner have sparked all kinds of diverse reactions. The Republican establishment is running scared. The Democratic Party is acting appalled. And the media appears to be enthralled. But the most common reaction of all is surprise. Almost everyone wonders how this could be happening? How can a campaign premised on prejudice and denigration be so successful? How can it endure?

Even though everyone seems surprised, nobody should be. Trump’s strategy is tried and true. It has been developed over decades by the Republican Party and it has worked in many earlier periods in American history.

Well before Donald Trump arrived on the Presidential scene, my colleague, Marisa Abrajano, and I wrote a book documenting the widely successful Republican tactic of scapegoating immigrants. By blaming immigrants for much of what ails America and by promising to stem the tide of immigration, Republican elites were able to garner more and more of the white vote. In 1990, white voters were (almost) evenly divided between Democratic and Republican congressional candidates and there was almost no correlation between attitudes on immigration and white partisanship. Today, after years of Republican campaigning against immigrants, whites who express fears about immigrants are 60 percent more likely vote Republican than whites who view immigrants positively and whites overall are flocking to the Republican Party. In 2014, 62 percent of white voters favored Republican candidates in Congressional contests.

Well before my co-author and I were born, the Republican Party had firmly decided on its infamous Southern Strategy. Personified by George Wallace’s segregationist rhetoric, the strategy was to dismiss black demands for ever greater government handouts and to highlight all of the failings of the black community and in so doing attract racist white Southerners who had faithfully supported the Democratic Party. Through Goldwater, Nixon, Reagan and onto George H. W. Bush, the campaign tactics were sometimes subtle and sometimes not so subtle. But almost always there was a hint of race in the air and at least an implicit denigration of African Americans. For white Southerners it was all too attractive. White Southerners went from overwhelmingly siding with the Democratic Party in 1960 to overwhelmingly voting for Republican candidates in 1990.

The end result of these decades-long Republican Party campaigns is widespread Republican Party success today. Republicans currently control the Senate. They are in the majority in the House. They occupy the Governor’s mansion in some 31 States and they are the majority party in 32 States. By attacking America’s immigrants and disparaging its racial minorities, the Republican Party may have lost a number of racial and ethnic minority votes but it has very much won the wider electoral war.

As the 2016 election looms in the future, many continue to express wonder at Trump’s success and to marvel that he has stayed at the front for so long. And they are all but certain that he can’t succeed. A campaign premised on America’s baser instincts can’t ultimately succeed in 2014.

Or can it? There is still a lot that can and almost assuredly will happen during the campaign. Trump may falter. He may not win the Presidency or even the Republican nomination. But history tells us that we should not be surprised if something entirely different and entirely implausible happens – Trump actually wins. Trump is not new. His campaign is not new. If he does not falter, if he goes on to win the nomination and the election in November, we should not be surprised. We should fight against these baser instincts and these abhorrent tactics. But we should never be surprised when they succeed.
White Backlash

Zoltan L. Hajnal is a professor of political science at the University of California San Diego and is co-author of White Backlash: Immigration, Race, and American Politics (2015). He is a member of the Scholars Strategy Network.

Leah Wright Rigueur: Rand Paul’s failed appeal to black voters

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Racial Blunders and Disappointment Surround
Rand Paul

By Leah Wright Rigueur

Rand Paul was supposed to be different.

But now, with news of Paul suspending his struggling campaign in the face of disappointing Iowa caucus results, an uncomfortable question looms large: what happened?

There are many well-documented reasons for Paul’s political disappointments – namely Republican voters’ rejection of the Kentucky senator’s brand of libertarianism. But aside from his tea-party-ish approach to politics, Paul’s appeal was also supposed to be rooted in his two-year effort to broaden the Republican tent.

The “unconventional” Republican candidate, pundits and scholars alike touted Paul as the politician that would finally bring black voters into the GOP fold. African Americans, Paul often argued, were an integral part of his strategy to reach the White House. Since 2013, he has publicly courted black voters, using his policy positions on mass incarceration, criminal justice reform and the militarization of the police as entryways into broader conversations with black communities. He’s been outspoken about the Republican Party’s need to court racial minorities, criticizing the GOP’s repeated failure to speak and listen to black voters.

But “Big Tent” rhetoric is nothing new; calculated GOP strategists have been endorsing minority outreach since 1936, when Republicans first lost the black vote. Embracing this trend in 2013, the Republican National Committee’s autopsy report observed that the party had to perform better among racial minorities, or it risk losing future presidential elections. When pressed, most of the Republican presidential candidates will admit as much, even when their policies and talking points undermine their claims. As ridiculous as it may sound, Donald Trump’s campaign, for example, has declared that he intends to win “100% of the black vote.”

These are relatively superficial endeavors, however. In contrast, Paul has emerged as different for two reasons: first, his willingness to play the long game – he’s been actively pursuing the black vote for over two years. Second, he’s gone beyond shallow rhetoric by sponsoring actual policies like the REDEEM Act, which he co-introduced with New Jersey Senator Cory Booker. Paul’s work in this regard has drawn praise from a diverse cross-section of black communities, from grassroots activists to political elites. The NAACP, which once challenged Paul to a debate over his controversial comments over the 1964 Civil Rights Act, applauded Paul’s outreach efforts and met with him in Ferguson, Missouri in late 2014. Less than two months ago, Paul grabbed headlines for an on-the-ground meeting with black clergy, chief among them Rev. Jamal Bryant of Empowerment Temple AME in Baltimore. Paul, Bryant has repeatedly declared, is a politician that “gets it” (the other candidate to earn high praise from Bryant? Bernie Sanders).

And to some extent, black voters seem to be far more receptive to Paul than they once were. Take for instance, a spring 2014 poll from Kentucky: 29 percent of black respondents indicated that they would support Paul over Hillary Clinton if he were the Republican presidential nominee. But local politics – especially in one’s home state – is a far cry from the national stage where polls tell a very different story. One national survey from spring 2014 found that only 17 percent of black respondents viewed Paul favorably, while 44 percent held unfavorable views. More than a third had never heard of him. Another poll, this one from 2015, seemed to suggest that Paul would gain a mere 3 percent of the black vote if pitted against Hillary Clinton. Polls are notoriously fickle and there may be many reasons for this perplexing information. For one, few pollsters actually asked black voters about Paul; another explanation may be that black voters – like the rest of the country – simply couldn’t imagine Paul as president.

But I’m more convinced that Paul’s inability to translate outreach into tangible black support has to do with his actual programs and policies, beyond criminal justice reform. Among black voters who know of Paul, there’s an obvious wariness. Most of the black people who praise Paul’s outreach are also quick to list the areas where they disagree with him: abortion, gun control, vaccines, minimum wage, voter ID, taxes, healthcare, discrimination law, and much, much more. According to PEW, 78 percent of African Americans believe the federal government should play an active role in reducing poverty – a position directly at odds with Paul’s limited government approach. In this respect, Paul is not unlike his father, Ron Paul; in 1978, a black Republican consulting firm shied away from helping the elder Paul, privately railing that his “positions on the welfare system, minimum wage, and health care were too far to the right to offer the type of sensitivity Black voters were looking for.”

And though Paul has clearly distanced himself from his father’s abhorrent racial history, the younger politician continues to have his share of public racial gaffes; the Baltimore comment in April, the Cliven Bundy meeting in June, and the “All Lives Matter” moment in August are just a few of the recent incidents that come to mind. These are not insignificant incidents; for many African Americans, moments such as these make Paul’s previous outreach efforts appear insincere. Racial blunders add a layer of mistrust and confirm pre-existing skepticism. Whenever Paul stumbled, it was easy for critics to suggest that his behavior was part of a long pattern of anti-black hostility. Or in other words, to accuse Paul of being just another “typical Republican.”

Therein lies the central dilemma: in order to win over black voters, Paul would have had to fully transcend black suspicion and cynicism about the modern Republican Party. That’s a herculean task, not only because of the party and Paul’s history, but also because of the GOP’s present-day antagonisms on matters of race. But this is a marathon, not a sprint, and Paul still has time – and opportunity – to rehabilitate his image and strengthen his relationship with black voters. He is, after all, an active candidate in the Kentucky senatorial race, where black voters will surely play an important role.

The Loneliness of the Black RepublicanLeah Wright Rigueur is assistant professor of public policy at the Harvard Kennedy School of Government. She is the author of The Loneliness of the Black Republican: Pragmatic Politics and the Pursuit of Power.

Daniel Schlozman: Why Bernie Sanders is getting movements’ cold shoulder

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The New Establishment versus the New Movements

by Daniel Schlozman

The candidate who wants to ignite a movement is getting movements’ cold shoulder. From unions like AFSCME and the SEIU to the Sierra Club, Planned Parenthood, NARAL, and the Human Rights Campaign, powerful organizations born from social-movement activity have put their chips on Hillary Clinton – and not her insurgent rival, Bernie Sanders. Piqued, Sanders responded that “Some of these groups are, in fact, part of the establishment.” As campaign spats go, this was a revealing one. The yawning generation gap between Bernie Sanders and Hillary Clinton is also the latest iteration in an old battle between mature and insurgent social movements over how to play politics.

The Clinton endorsers were insurgents once, but now form the core of a new Democratic partisan establishment. It is an establishment far different from the now-vanished Eastern Establishment, the terrain of the Rockefellers and the Trilateral Commission. It admits to the club groups born of radical insurgency – and deeply besieged outside the Democratic camp. In red states, neither abortion providers not public-sector unions would call themselves a part of the establishment. But in its orientation to politics, it is an establishment, nonetheless. The Sanders campaign, by contrast, draws strength from new movements unconvinced that traditional half-a-loaf compromise will yield the society they want to see. Politicians, in this view, respond when organizable alternatives shift – and when agitation outside the electoral arena forces their hand.

Whatever their causes and constituencies, the Clinton endorsers have made the same bargain in their path to politics: they trim their sails, shed their radical fringes, shift tactics away from the streets, turn leadership over to professional advocates, protect their gains, and focus on winnable victories in concert with allied political parties. In 2016, that means, as the political director of the League of Conservation Voters tweeted, “Most important: win WH,” and it means winning with the candidate with the most conventional shot at victory. The possibility of unified Republican control frightens the entire new party establishment. And unless the Democrats somehow capture 29 seats, the House will remain in Republican hands, rendering any Democratic president’s legislative priorities dead on arrival. Those conditions, for the new establishment, call for a player of political brinksmanship.

Long-running alliance between political parties and social movements rests on a trade. Movements control resources that parties covet – votes, along with money, time, and networks that can be converted into votes – and hand them in over in exchange for policy concessions. This is a decidedly Clintonesque theory of change, emphasizing brokerage among elites and careful calibration of positions rather than mass pressure from below. As Sanders partisans have noted caustically, these endorsements have all followed decisions by boards of directors (many of them, to be fair, themselves elected), rather than direct votes from the rank-and-file.

On domestic policy, Hillary Clinton has repeatedly met her group allies’ price. She has not simply moved left with the tenor of the times; she has responded to organized pressure. And so she has pledged executive action on immigration beyond the scope of anything Barack Obama has countenanced; robustly defended abortion rights and advocated repeal of the Hyde Amendment, which since 1976 has banned federal Medicaid funding for abortions; and, in what may be a move of convenience for labor support, reversed her earlier support for the Trans-Pacific Partnership.

Bernie Sanders, for his part, thinks like the groups in the new partisan establishment thought in their own organizational salad days. Change comes from below, and politicians move only when pressure from the streets. His political revolution means to build that pressure. He aims to fill what Walter Dean Burnham once called “the large hole in voter participation… where a socialist party ‘ought’ to have developed.” Eventually, political institutions will respond. It is an incredibly tall order. But so were the dreams, from the eight-hour day to gay marriage, of so many in the new partisan establishment when first they approached politics.

Sanders’s hope comes from the two great social movements of the Obama-era left. Occupy vanished once police cleared its tents, but the movement brought onto the agenda Sanders’s core issue: corrosive economic and political inequality, and especially the outsized rewards and influence accruing to what Occupy termed the One Percent and Sanders calls the “proliferation of millionaires and billionaires.” Sanders had raised these issues for decades; when a movement brought them to the public eye, it created space for his candidacy.

Black Lives Matter arose in anger against the carceral state that Bill Clinton and other Democrats helped to build. Bernie Sanders has an uphill climb with African-American voters. He has spent decades running for office in a rural, white state – and it shows. His worldview centers around class more than race. But if he is to win the Democratic nomination, he has to gain substantial support from black voters, and the movement energy from Black Lives Matter, far more than the traditional networks centered around churches and elected officials, will help Sanders to do it. No wonder that his stump speech now incorporates the names of the victims of police violence.

More than they care to admit, the two strategies need one another. New movements need friends in high places; the new establishment needs to shed its torpor. In time, the young people leading today’s movements may themselves come think like the new Democratic establishment. Then new social movements will challenge them, in turn. This winter, however, those syntheses prove elusive as each theory of change each has an unusually sharp proponent, in Hillary Clinton and Bernie Sanders.

When Movements Anchor PartiesDaniel Schlozman is assistant professor of political science at Johns Hopkins University and author of When Movements Anchor Parties.

Jason Brennan: Our relationship to democracy is nonconsensual

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Democracy Doesn’t Rest on the Consent of the Governed

By Jason Brennan

There’s a popular idea—an idea you might get from middle school civics classes—that democracy is based on the consent of the governed. Now, democracy is more responsive to what people want than other forms of government, and it gives the governed a large say in what happens. However, it’s a mistake to say that the relationship individual citizens have to their government in a democracy is consensual. Let’s think about why.

Recently, I purchased a Marshall JVM amplifier from a dealer. It was an archetypical consensual transaction. It had each of the following features:

A.       I performed an act that signified my consent. In this case, I ordered the amplifier. The outcome—that I lost money but gained a JVM—would not have occurred but for my performing the act that signified consent.

B.       I was not forced to perform that act—I had a reasonable way to avoid doing it.

C.       Had I explicitly said, “I refuse to buy a Marshall JVM at that price!” the exchange never would have taken place.

D.       The dealer was not entitled to take my money unless it sent me the amplifier—it had to hold up its end of the bargain.

Now, imagine that any one of these conditions didn’t happen. Suppose, instead of A, that the dealer just extracted money from my bank account and sent me the amp, even though I’d never placed an order. In that case, that would be strange kind of theft. The dealer would have taken my money without my consent. Suppose, instead of B, the dealer (or someone else) had said, “Buy this amp or I’ll murder you.” In that case, we still wouldn’t call it consensual—it would be a weird form of theft. Suppose, instead of C, I tell the dealer, “I absolutely refuse to buy a JVM!,” but the dealer just sent it to me anyways. In that case, it would have been like it had given me a gift without my consent. If they then sent me a bill, I wouldn’t have any duty to pay it, since I’d told them I didn’t want to buy the amp. Suppose, instead of D, the dealer takes my money but never sends the amp. In that case, it would be fraud. In each of these cases, the transaction would not be consensual.

In general, our relationship as individuals to our government doesn’t look much like a consensual relationship.

If you don’t vote or participate, your government will just impose rules, regulations, restrictions, benefits, and taxes upon you. Except in exceptional circumstances, the same outcome will occur regardless of how you vote or what policies you support. So, for instance, I voted for a particular candidate in 2012. But had I abstained or voted for a different candidate, the same candidate would have won anyways. This is not like a consensual transaction, in which I order a JVM and the dealer sends me the amp I ordered. Rather, this is more a like a nonconsensual transaction in which the dealer decides to make me buy an amp no matter whether I place an order or not, and no matter what I order.

If you actively dissent, the government makes you obey its rules anyways. For instance, you can’t get out of marijuana criminalization laws by saying, “Just to be clear, I don’t consent to those laws, or to your rule”. This is unlike my relationship with my music gear dealer, where “no” means “no”. For government, your “no” means “yes”.

You have no reasonable way of opting out of government rule. Governments control all the habitable land, and most of us don’t have the resources or even the legal permission to move elsewhere. Governments won’t even let you move to Antarctica if you want to. At most, a privileged few of us can choose which government we live under, but the vast majority of us are stuck with whatever government we’re born with. This is unlike buying an amp from Sweetwater.com, which, by the way, I highly recommend as a dealer.

Finally, governments require you to obey their rules, pay taxes, and the like, even when they don’t do their part. The U.S. Supreme Court has repeatedly ruled that the government has no duty to protect individual citizens. Suppose you call the police to alert them that an intruder is in your house, but the police never bother dispatch someone to help you, and as a result the intruder shoots you. The government still requires you to pay taxes for the protection services it chose not to deploy on your behalf.

So, in summary, it looks like in general our relationship to our governments lacks any of the features that signify a consensual transaction.

None of this is to say that governments are unjust or illegitimate, or that we ought to be anarchists. There are other reasons to have governments. Nor is it to say that democracies are not in some way special. Democracies in fact do a much better job than alternative forms of government of responding to their concerns and interests of most of their members. But it’s a stretch to say that democracy rests on the consent of the governed, or, more precisely, it’s a stretch to say that you consent to democratic rule.

Check out Jason Brennan’s recent post on Why Smart Politicians Say Dumb Things.

Jason Brennan is Flanagan Family Associate Professor of Strategy, Economics, Ethics, and Public Policy at the McDonough School of Business at Georgetown University. He is the author of Markets without Limits, with Peter Jaworski (2015), Why Not Capitalism? (2014), Compulsory Voting, with Lisa Hill (2014), Libertarianism (2012), The Ethics of Voting (2011), and A Brief History of Liberty, with David Schmidtz (2010). He is currently writing Against Democracy, under contract with Princeton University Press, and Global Justice as Global Freedom, with Bas von der Vossen.

Ellen Wu on Nikki Haley and the role of the model minority

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Nikki Haley and the American Dream

by Ellen D. Wu

Poised and polished, South Carolina Governor Nikki Haley at once personified and celebrated the American Dream as she rebutted President Obama’s final State of the Union address Tuesday. In a soft, genteel drawl, she invited her fellow Republicans to “return” the United States to “the foundation that has made America that last, best hope on earth.”

Her own biography supplied the evidence. The self-proclaimed “proud daughter of Indian immigrants,” she recounted that her parents reminded her daily “how blessed we were to live in this country.” Together, they surmounted the challenges of their modest means and their conspicuous difference in the rural South. Most importantly, like “millions” of other newcomers past and present, “we had the opportunity to do anything, to be anything, as long as we were willing to work for it.”

Just hours before the televised message, Democratic National Committee chair Debbie Wasserman Schultz charged that GOP had picked the governor because of the party’s “diversity problem.” While Republican leaders denied it, Haley’s appearance clearly fell in line with a distinct historical pattern.

For some six decades, a host of stakeholders have cast prominent Asian Americans as “model minorities” to resolve profound contradictions of race, religion, and identity in national life. Model minorities—non-whites who have “made it”—seemingly prove that the American Dream is alive and well and available to all, regardless of color or class.

Why Asian Americans? In the 1940s and 50s, wartime pressures on the United States to act fittingly as the “leader of the free world” necessitated a social repositioning of Asian immigrant populations. Previously, they had been racial pariahs: barred by law from entering the country, naturalized citizenship, and a slew of other freedoms that white people took for granted. But treating them (and other minorities) so poorly, liberals argued, imperiled US relations with their homelands. Strategically, federal authorities regarded Asia as an especially vital region—a matter of winning or losing epic global battles against fascism and Communism.

So foreign policy opened the door to the very possibility of Asian assimilation into the American mainstream. What had been unfathomable before World War II was now thinkable. Just ten years after Congress repealed the immigration and citizenship exclusion laws targeting Indian nationals (Luce-Celler Act, 1946), Democrat Dalip Singh Saund won an unlikely contest in California’s 29th Congressional District, the Republican stronghold Imperial Valley. With it, he became the first Sikh, South Asian transplant, and Asian American to join the United States Congress. In 1957, the House Foreign Affairs Committee sent him on a one-man junket to Asia to show himself as a “living example of American democracy in practice,” as he put it. Saturday Evening Post cheered the “extraordinary expedition” as “a solid contribution to improved relations between East and West.”

The admission of the Hawai‘i to the union in 1959 presented another timely occasion to tout Asian Americans as model minorities. Republican Hiram Fong—dubbed the “Hawaiian Horatio Alger”—took one of the 50th state’s first two seats in the US Senate. The son of immigrant Chinese sugarcane laborers, Fong embodied the rags-to-riches meritocracy ideal, having fought for the Air Force, worked his way through Harvard Law School, and amassed a considerable fortune through multiple business ventures. On the eve of his swearing in, Pageant magazine eulogized that this “American success story” was “clear proof that racism has no permanent place in America.”

Democrat Daniel Inouye likewise exemplified the promise of American society for immigrants and minorities. Inouye also hailed from humble beginnings to embark on a prodigious climb from Honolulu’s slums to Washington DC. As a decorated member of World War II’s legendary Japanese American 442nd Regimental Combat Team, he lost his right arm in action—a sacrifice unfailingly mentioned by reporters. After the war, Inouye attended college and law school on the GI Bill and served in the territorial legislature before capturing Hawai‘i’s sole birth in the US House of Representatives in 1959. Three years later, when Inouye defeated the scion of one of the islands’ most elite white families to land in the US Senate, Life named him one most influential young members of the nation’s “Take-Over Generation.”

As three of the most visible Asian Americans of their day, Saund, Fong, and Inouye cemented the fledgling stereotype in popular culture that “Orientals” were quiet, upstanding, don’t-rock-the-boat types. Moreover, their trajectories enthralled contemporaries because they reinforced beliefs in America’s protagonist-of-the-world, melting pot greatness.

Their narratives did other political work as well. In the case of Hawai‘i, the rise to power of Chinese and Japanese Americans (rather than Native Hawaiians) glossed over an inconvenient truth: the United States’ violent, illegal overthrow of a once-independent kingdom and its continued colonial domination and exploitation.

Against the backdrop of the intensifying black freedom movement, the success stories of Fong and Inouye had an additional, critical utility. Both politicians lived political moderation in ways that appealed variously to conservatives and liberals fearing radical change. Fong expressed support for racial equality, but also hesitated to “rush into a flood of legislation to reform a mode of living that has been going on for years in the South.”

His colleague, by comparison, actively championed the cause, voting for the historic Civil Rights Act (1964) and Voting Rights Act (1965). In his keynote address to the 1968 Democratic National Convention—the first-ever person of color in this role—Inouye described the Vietnam War as an “immoral” conflict and affirmed the right of citizens to protest. He acknowledged the “systemic racism deprivation” suffered by African Americans—a situation, he emphasized, immeasurably more dire than that faced by Asians in the United States.

Yet Inouye also was every bit the respectable, patriotic statesman—a marked contrast to contemporary direct action activists. At the same time, he called for “law and order” to be “respected and maintained.” His careful balancing act caught the attention of Lyndon B. Johnson, who urged Democratic party presidential nominee Hubert Humphrey to tap the Senator as his running mate for the 1968 election: “He answers Vietnam with that empty sleeve. He answers your problems with Nixon with that empty sleeve. He has that brown face. He answers everything in civil rights, and he draws a contrast without ever opening his mouth.”

The parallels between Haley and her predecessors are striking: immigrant roots, high-profile speech, possible Vice-Presidential contender.

Most crucially, Haley also navigates an especially fraught moment in the history of race in the United States. On the one hand, progressive voices tirelessly insist that Black Lives Matter, steering our collective attention to police brutality, mass incarceration, and a host of related issues that reproduce the egregious inequalities and injustices borne by African Americans and other minorities. On the other hand, right-wing extremists from ordinary folks to the GOP presidential frontrunners spew xenophobic, anti-Muslim, racist vitrol with little recourse—with some, frighteningly, translating their words into violence.

Too, like her forerunners, Nikki Haley adroitly assumes the role of model minority—characterized in her case by Christian assimilation, relative moderation (in the GOP context), and USA #1-brand of boosterism. Embracing her historically-prescribed role, she plays by the rules of establishment politics.

But in the end, we might ask, what are the real benefits of doing so? After all, model minority status doesn’t shield her entirely from anti-immigrant sentiment and Islamophobia (“Trump should deport Nikki Haley,” tweeted Ann Coulter in response to the governor’s remarks). What might be next—for her and all South Asians, Arab, Muslims, and Sikhs in our communities?

Model minorities can’t resolve the contradictions of party politics, much less the vexing conundrums of race, religion, and national identity. Only meaningful, material investments in the common good—prioritizing the most vulnerable among us—can do that. Once we collectively recognize this, we can then move forward to transforming the American Dream from an illusive mirage to a substantive reality for all.

Wu jacketEllen D. Wu is assistant professor of history at Indiana University, Bloomington, and author of The Color of Success.

 

 

 

How Texas law will shape the women’s vote

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The Explosive Potential of the Whole
Woman’s Health Case

by Nancy Woloch

On March 2 the Supreme Court will hear arguments about a 2013 Texas law that affects access to abortion. The law at issue in Whole Woman’s Health v. Cole requires doctors who perform abortions to have admitting privileges at a nearby hospital (no more than thirty miles from the clinic). It also requires abortion clinics to have facilities equivalent to those at an outpatient surgical center, that is, more equipment than Texas law demands in doctors’ offices where more hazardous procedures such as colonoscopies or liposuctions are performed. The rise of the Whole Woman case just as an election looms may provoke voters in ways unsought by sponsors of the Texas law.

Several Texas clinics challenged the law, but a federal appeals court, the Fifth Circuit, upheld the new requirements. The Supreme Court now faces several questions: Does the law protect women’s health, as Texas claims? Does the law impose an “undue burden” on women who seek abortions? The “undue burden” consideration arose in Planned Parenthood v. Casey (1992), which confirms the right to abortion set forth in Roe v. Wade (1973). A law can be an undue burden, states the Casey decision, if it has “the purpose or effect of placing a substantial obstacle in the path of a woman seeking an abortion.” It is likely that the Supreme Court, when it reviews the Texas case, will further explicate “undue burden,” “substantial obstacle,” and, especially, “purpose or effect.”

Texas claims that it has “wide discretion” to pass medical regulations, that it enacted the 2013 law to protect the health of those who seek abortions, that the law ensures qualified doctors, and that it cuts delay if a patient needs a hospital. The clinics contend that the state requirements were not designed to promote women’s health, that the law is a tactic to close clinics, and that it imperils women’s health by “reducing access to safe and legal abortion.” Since 2013, critics of the law charge, the 42 clinics that once provided access to abortion in Texas now number nineteen and would dwindle to ten if the law survives review. Amicus briefs that support the clinics have started to accumulate, including a brief by historians who work with legal issues. Laws that claim to protect women’s health can restrict women’s choice, the historians state, and thus “warrant careful scrutiny by this Court.” The Court will consider whether the Fifth Circuit decision reflects precedents in abortion law, as supporters of the Texas law claim, or whether the Fifth Circuit acted in error when it enabled Texas to enforce the new law, as its detractors argue.

The Whole Woman’s Health case, to be decided in June 2016, has explosive potential. The Supreme Court has not issued a major decision on abortion since Gonzales v. Carhart (2007), which upheld a federal law barring what is called “partial birth” abortion. The Whole Woman’s Health decision will affect the options of women in Texas, especially in rural Texas, who may find the right to an abortion out of reach. The decision will also affect women in Mississippi, where a kindred case, one that involves hospital admission requirements for doctors, has arisen and where only a single clinic that provides abortion remains. The Supreme Court has not yet decided whether to consider the Mississippi case, Currier v. Jackson Women’s Health Organization. The decision in Whole Woman’s Health, finally, will reach women in other states that have enacted abortion regulations similar to those in Texas, such as Wisconsin, Louisiana, and Alabama, and in states that intend to do so.

The Whole Woman’s Health decision will have further ramifications in an election year. Whichever way the Court may go—and there has no been signal as to what might happen—the conflict over the Texas law is likely to sway the women’s vote. The reappearance of a major abortion case will remind undecided women voters that state legislators, who are likely to be men (in Texas the lawmakers of 2013 were 80 percent male), can voice opinions that have an impact on women’s health – or even act to impede women’s rights under the pretext of protecting women’s health. Similarly, the Texas case will remind women voters of what a yet more conservative Supreme Court, with new members chosen by a future president, might decide. Overall, the case will prompt women voters to think about the fragility of women’s rights. Whatever happens in the Supreme Court, the timing of the Whole Woman’s Health decision may well advantage Democrats.

Woloch jacketNancy Woloch teaches history at Barnard College, Columbia University. Her books include A Class by Herself, Women and the American Experience and Muller v. Oregon: A Brief History with Documents.

What should the presidential candidates be reading? WSJ: Robert Gordon’s book

Election_Blog_Series_Banner2[1]gordon jacketAccording to this piece in the Wall Street Journal, “Every presidential candidate should be asked what policies he or she would offer to increase the pace of U.S. productivity growth and to narrow the widening gap between winners and losers in the economy. Bob Gordon’s list is a good place to start.”

What does Gordon say about growth? For starters, he challenges the view that economic growth can or will continue unabated. So how would today’s presidential candidates meet this challenge? Read the Wall Street Journal article here:

In his new book, “The Rise and Fall of American Growth: The U.S. Standard of Living Since the Civil War,” Northwestern University economist Bob Gordon argues that the century between 1870 and 1970 was exceptionally good for U.S. households (particularly 1920 to 1950) but that the years since 1970 have been disappointing and the future looks disappointing too.

His postscript includes a few thoughts that deserve immediate attention in today’s economic policy debates: Whatever the causes of the distressing slowdown in the growth of productivity (the amount of stuff produced for each hour of work) and the increase in inequality, what policies might both increase productivity and decrease inequality?

Many years ago, economist Art Okun argued that we had to choose between policies that increased efficiency and those that increased equity. Perhaps. But  if there are policies that could achieve both, it’s time to try them.

Mr. Gordon lists several at the end of his book, some conventional and others less so.

To read what these policies are, continue reading the Wall Street Journal article here.

Robert J. Gordon is the Stanley G. Harris Professor in the Social Sciences at Northwestern University. His books include Productivity Growth, Inflation, and Unemployment and Macroeconomics. Gordon was included in the 2013 Bloomberg list of the nation’s most influential thinkers.