Tax Abatements Are Killing School Budgets

The Daily Escape:

Egmont National Park, NZ – photo by vicarious_NZ

A new report shows that US public schools in 28 states lost at least $1.8 billion in tax revenues last year as a result of tax incentives granted to corporations. The study analyzed the financial reports of 5,600 of the nation’s 13,500 independent public school districts.

Good Jobs First examined the first full year of reporting under a new accounting standard for school districts, adopted by the Governmental Accounting Standards Board (GASB), the body that sets accounting rules for all states and most localities. The new rule, GASB Statement No. 77 on Tax Abatement Disclosures, requires most state and local governments to report annually on the amount of revenue they’ve lost to corporate tax abatements.

This is extremely important, since most local schools are very dependent on revenue from property taxes, but they rarely have influence over corporate tax abatements granted by their towns, and/or the cities or counties where they are located.

And local voters have had no way to see how much they are forced to pay in additional taxes that were lost to enrich the pockets of corporate employers.

Good Jobs found that the 10 most affected states could have hired more than 28,000 new teachers if they were able to use the lost revenues. Or, they could have avoided higher home property taxes, or provided their teachers with better resources, or higher pay.

States and cities have long used abatements and other tax incentives to lure companies, or to keep them from leaving, and/or to encourage them to expand locally. Often, those companies make their choice of location based on the quality of local schools and colleges.

These abatement deals are made by local politicians and are meant to boost local economic development. Their proponents say the lost tax revenue is worth it, because they grow the local economy. But it is difficult to know whether the benefits outweigh the burdens.

And until GASB 77, it has been impossible to see just how much a school system may have lost because of a company’s tax break. The new rule is especially helpful in understanding local schools finances, because it requires the reporting of revenue losses even if they are suffered passively by the school system as the result of decisions made by another body of government.

Of the five districts that lost the most, three are in Louisiana. Together, they lost more than $158 million, or $2,500 for each student enrolled. The School District of Philadelphia, which only last year regained local control from the state after climbing out of a deep fiscal crisis, lost the second most revenue at $62 million.

Overall, nearly 250 school districts lost at least $1 million each, and in four districts, tax abatements reduced classroom resources by more than $50 million.

But most school districts have not yet complied with Rule 77, which was implemented in 2015. Good Jobs First estimates that another $500 million of subsidies and abatements are currently unreported.

Most of us believe that our governments are supposed to govern in the interests of the “general welfare,” that when voters put people in positions of power, based on the legitimacy of our electoral process, is the limit of our responsibility as voters.

We accept that somebody has to say what the rules are, and then enforce them.

But in our neoliberal economic times, voters have to remember that our governments often act as wholly owned subsidiaries of the 1%. It takes suspension of belief to accept that our republic, ruled as it is by an oligarchy, is working for the general welfare of all of our citizens.

Why do we think that, our “governments”, all of which are subject to capture and ownership by the few, are going to somehow provide decency, comity, or fairness to all of us?

We need to abandon the article of faith that the free market, one without government oversight, promotes the best economic outcome for all of us.

Today’s inequality says the opposite.

We need a new vision of the role of government. But it isn’t really a “new” vision. It is simply a return to insisting on the “promotion of the General Welfare for all” as the paramount object of government.

Here’s another thought from Gordon Wood, in his book, Creation of the American Republic:

In a republic each individual gives up all private interest that is not consistent with the general good, the interest of the whole body. For the republican patriots of 1776 the commonweal was all encompassing—a transcendent object with a unique moral worth that made partial considerations fade into insignificance.

The last outcome that American revolutionaries wanted was to be ruled by oligarchs. But, here we are.

We need to reform our capitalism.

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We’re Too Short to be on This Ride

The Daily Escape:

Lion’s Head, Capetown South Africa, viewed from Tabletop Mountain – 2012 photo by Wrongo

A WaPo report said that Donald Trump discussed giving Janet Yellen another term as head of the Federal Reserve, but was concerned that she was too short. He thought that at 5 feet, 3 inches, she just wasn’t tall enough to get the job done.

Wrongo thinks Yellen’s performance was about the same as her predecessor, Ben Bernanke, and her successor, Jerome Powell. Shouldn’t the real question be: Do we know what’s wrong with our economy, and do we have people in place with enough strength and/or courage to fix it? They can also be short, as long as they have ability and vision.

And it isn’t only in the US: (brackets by Wrongo)

Income inequality has increased in nearly all regions of the world over the past four decades, according to the World Inequality Report 2018. Since 1980, the global top 1% of earners have…[garnered] twice as much of the global growth as have the poorest 50%.

More from the World Inequality Report: (emphasis by Wrongo)

Such acute economic imbalances can lead to political, economic, and social catastrophes if they are not properly monitored and addressed….Governments need to do more to keep society fair…Public services, taxation, social safety nets – all of these have a role to play.

We’re seeing a slow-rolling social catastrophe in the US. We’re seeing alienation across class, race, age and gender. We’re divided as never before, with the possible exception of the pre-Civil War period.

Aren’t we all too short to be on this ride?

Central banks play an integral part in the global economy, and their performance (including the Fed’s) during the 2008 Great Recession was for the most part, admirable.

But central banks can only use monetary policy to partially solve issues of economic inequality. The most robust solutions lie in fiscal policy. Fiscal policy is how Congress and other elected officials influence the economy using spending, taxation and regulation.

Take student loans. Many of our university students are simply being led to the debt gallows. Currently, 44.5 million student loan borrowers in the US owe a total of $1.5 trillion. Student loans are the fastest growing segment of US household debt, seeing almost 157% growth since the Great Recession.

From Bloomberg:

Student loans are being issued at unprecedented rates as more American students pursue higher education. But the cost of tuition at both private and public institutions is touching all-time highs, while interest rates on student loans are also rising. Students are spending more time working instead of studying. (Some 85% of current students now work paid jobs while enrolled.)

Student loan debt has the highest “over 90 days” delinquency rate of all household debt. More than 10% of student borrowers are at least 90 days delinquent. Mortgages and auto loans have a 1.1% and 4% 90-day delinquency rate, respectively,

And if the student loan can’t be repaid, it isn’t expunged by bankruptcy. In fact, students can’t outlive their debt. The feds can garnish social security payments to repay a student’s outstanding debt.

As young adults struggle to pay back their loans, they’re forced to make financial choices that create a drag on the economy. Student debt has delayed marriages. It has led to a decline in home ownership. Sixteen percent of young workers aged 25 to 35 lived with their parents in 2017, up 4% from 10 years earlier.

We are only beginning to understand the social costs of our politics. We are in the midst of a brewing social disaster. And these are self-inflicted wounds, fixable with different government policies. But, most of today’s politicians are too short to get on that ride.

So, how to solve the simultaneous equations of high poverty rates, income inequality and an impending social disaster?

It won’t be easy, and it starts with politicians admitting that our economy doesn’t work for everyone, and that it must be reformed. Then, we can move beyond the tired rallying cries of “more tax cuts” to a capitalism which incorporates a social consciousness that can get people on the track to better paying, and more secure jobs.

An April 2018 study of survey data from 16 European countries found that economic deprivation increased right-wing populist tendencies. Sam van Noort, a co-author of the report said:

Individuals who “feel economically less well-off” were more likely to be attracted by the far right…and radical right respondents are more likely to be male, subjectively poorer, less educated [and] younger.

This will also happen here, unless the voters have determination, and even the short politicians have courage.

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Saturday Soother – December 1, 2018

The Daily Escape:

Yukon Grizzly before hibernation – 2014 photo by Paul Nicklen

Quite the week. We had barely digested Thanksgiving dinner when we heard about Russia seizing three Ukrainian Navy vessels in the Azov Sea. We learned that Paul Manafort lied to Robert Mueller, and that his lawyer reported everything that occurred between Manafort and Mueller to the White House. Then, we heard that Trump’s former in-house lawyer, Michael Cohen has admitted to lying to Congress, and is now cooperating with Mueller. Who knows what it all means?

But, the big story this week was that we learned that life expectancy in the US fell to 78.6 years, a 0.3 year decline from our peak. From CNN:

Overdose deaths reached a new high in 2017, topping 70,000, while the suicide rate increased by 3.7%, the CDC’s National Center for Health Statistics reports.

We are witnessing social decay in America. This is consistent with what Angus Deaton and Ann Case called “deaths of despair” in 2017. The WSJ has a detailed breakdown, and also points out how other countries are continuing to show progress:

Data the Centers for Disease Control and Prevention released on Thursday show life expectancy fell by one-tenth of a percent, to 78.6 years, pushed down by the sharpest annual increase in suicides in nearly a decade and a continued rise in deaths from powerful opioid drugs like fentanyl. Influenza, pneumonia and diabetes also factored into last year’s increase.

From Yves Smith:

Americans take antidepressants at a higher rate than any country in the world. The average job tenure is a mere 4.4 years. In my youth, if you changed jobs in less than seven or eight years, you were seen as an opportunist or probably poor performer. The near impossibility of getting a new job if you are over 40 and the fact that outside hot fields, young people can also find it hard to get work commensurate with their education and experience, means that those who do have jobs can be and are exploited by their employers.

The 2017 data paint a dark picture of health and well-being in the US, reflecting the effects of addiction and despair, particularly among young and middle-aged adults. In addition, diseases are plaguing people with limited access to health care.

In the late part of the last century, and the early years of this century, there was a steady decline in heart-disease deaths. That offset a rising number of deaths from drugs and suicide. Now, we’re not seeing those heart-related declines, while drug and suicide deaths occur earlier in life, accounting for more years of life lost.

The worst aspect is that it never had to be this way. These drug and suicide deaths are “collateral damage” caused by the social and economic changes in America since the 1970s.

And we made most of those changes by choice.

Wrongo is reminded that last month, he learned that something similar had happened in Russia under Gorbachev. Under Perestroika, millions of Russians lost jobs. The government’s budget deficits grew. The death rate exceeded the birth rate. Nearly 700,000 children were abandoned by parents who couldn’t afford to take care of them. The average lifespan of men dropped to 59 years.

Are we in a slow motion disaster that could be similar to what Russia went through back in the 1990s?

We’ve become hardened. These American deaths are largely anonymous. When AIDS was ravishing the gay community in the 1980s, people were able to appreciate the huge number of deaths by seeing, or adding to, the AIDS Memorial Quilt, which eventually weighed more than 50 tons.

There is no equivalent recognition for these deaths of despair.

A traitorous American ruling class has sold out its middle and lower classes. If you doubt that, think about Wal-Mart. The Walton’s fortune was made by acting as an agent of Chinese manufacturers, in direct competition with US manufacturers. Doesn’t that seem like treason?

Relax, there’s nothing you can do about all of this today, the first day of December. Time to get what solace you can from a few minutes having a coffee, and a listen to a piece of soothing music.

Start by brewing a cup of Kona Mele Extra Fancy coffee from Hula Daddy Kona Coffee ($64.94/lb.). It has an aroma of dark chocolate, fruit and flowers. And shipping is free.

Now settle back and listen to a few minutes of George Winston’s “December”. Here are Part 1: Snow, Part 2: Midnight, and Part 3: Minstrels:

Those who read the Wrongologist in email can view the video here.

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Capitalism Must Be Reformed

The Daily Escape:

Mt. Fuji, Japan at sunset – November, 2018 photo by miles360x

From the Economist:

In 2016, a survey found that more than half of young Americans no longer support capitalism.

One reason that young people have lost faith in capitalism is the exceptional market concentration that has taken place in the US in the past few years. US firms have gotten bigger, often by acquiring their competition. This is true across many markets. Vox reports that: (parenthesis by Wrongo)

Four companies…control 97% of the dry cat food sector: NestlĂ©, J.M. Smucker, Supermarket Brand, and Mars. According to the report, NestlĂ© has a 57% (share of)…the industry, owning brands such as Purina, Fancy Feast, Felix, and Friskies. Altria, Reynolds American, and Imperial have a 92% market share of the cigarette and tobacco manufacturing industry. Anheuser-Busch InBev, MillerCoors, and Constellation have a 75% share of the beer industry. Hillenbrand and Matthews have a 76% share of the coffin and casket manufacturing industry.

On November 26th, the Open Markets Institute, an anti-monopoly think tank, released a data set showing the market share of the largest companies in each industry. Pulling the data together was a challenge, because the FTC halted the collection and publication of industry concentration data in 1981, during the time of Ronald Regan. Now, David Leonhardt of the NYT has turned it into a table:

As you can see, big companies are much more dominant than they were just 15 years ago. More from Leonhardt:

The new corporate behemoths have been very good for their executives and largest shareholders — and bad for almost everyone else. Sooner or later, the companies tend to raise prices. They hold down wages, because where else are workers going to go? They use their resources to sway government policy. Many of our economic ills — like income stagnation and a decline in entrepreneurship — stem partly from corporate gigantism.

Sarah Miller, deputy director of the Open Markets Institute, told Vox: (brackets by Wrongo)

… [When] you go to the store, you see all of these brands, but guess what? They’re all being operated by the same companies…She called the system a scam economy where competition is an illusion, and choice is an illusion.

The primary issue with corporate concentration is its potential to drive up prices. The fewer sellers, the fewer choices consumers have for goods and services, and thus, there is less pressure for the big competitors to hold prices down.

Even if many consumers don’t immediately realize they are victims of concentration, it’s visible when millions of homes only have one internet provider. Or, when four cellphone providers control 98% percent of the market (Verizon, AT&T, T-Mobile, and Sprint). And if the T-Mobile and Sprint merger plan goes through, there will be just three.

Ultimately, monopolies aren’t just an economic problem. They are also a political one. Democrats believe that anti-monopolism can be a political winner. It’s a way to address voters’ anxiety over high drug prices, digital privacy, and low wages.

We have been at this rodeo before. At the start of the 20th century, we broke up monopolies in railways and energy. In 1984, we broke up AT&T, only to see the “Baby Bells” recombine in the 1990s. We’ve simply stopped enforcing our anti-trust laws over the past 40 years.

Meanwhile, the public has been manipulated to believe that ever larger companies are in their best interests. We celebrate the “right” of large corporations to operate in unfettered ways.

But, Econ 101 shows that the trajectory of a monopoly starts with economies of scale, and ends with economies of exploitation. And remember that six corporations own 90% of the media. We won’t hear much about wrongdoing at Amazon from the Washington Post.

The required anti-trust laws are already on the books, but interpretation of them has changed over the years under Republican administrations. Eventually, we will have to break up existing giants, like we did before. One obvious candidate is Amazon, a company that will soon dominate the supply chain and all logistics in the US.

Facebook, which has gobbled up Instagram and WhatsApp, may be another candidate.

America is very late in addressing the negative outcomes of free markets, so there’s no time like the present to begin to Make America Love Small Business Again.

Voters need to push for anti-trust enforcement, which can only be done by the federal government. We have to insist that the protection of citizens is more important than protecting the 1%.

Let’s close with this quote from Louis Brandeis: “We may have democracy, or we may have wealth concentrated in the hands of a few, but we can’t have both.”

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It’s Hard to Swallow Today’s Breaking News

The Daily Escape:

Autumn, Lake Mrzia Vodica, Croatia – photo by lascic

Lots of breaking news today, including Ruth Ginsburg breaking three ribs. Wrongo broke two ribs this summer, so he has some idea of how a geriatric person recovers from this kind of injury. Let’s hope she is able to get back on the job soon.

Robert Mueller is said to be preparing his final report, now that Sessions is out. It seems that the GOP is going to go all in on a cover-up.

Today though, we’ll focus on yet another mass shooting, this time in SoCal. Twelve people have been killed in a bar near Pepperdine University. Apparently, the killer committed suicide. We know that he was a former Marine (2008-2013) who served in Afghanistan for eight months, from November 2010 to June 2011. He was a machine gunner while in the Marines.  He lived with his mother. He legally owned the murder weapon.

Expect to hear more thoughts and prayers, and for good guys to carry guns when they go in a bar.

Oh, wait! One of victims in the bar actually WAS carrying a gun. He was a sheriff responding to the shooting, and was one of the 12 people killed.

For some perspective on mass shootings, Paul Campos at the LGM blog has an interesting chart showing mass shootings in the US by decade:

1950s: 0

1960s: 1 (University of Texas tower shooting)

1970s: 0

1980s: 6

1990s: 6

2000s: 7

2010s: 16

Campos says that 22 of these 36 mass shootings have taken place since 2007. Campos doesn’t include the killer(s) if they were killed or committed suicide during the incident. His source uses eight dead as the definition of a mass shooting.

When you look at the timeline of mass shootings and see just how many of them (50%) have occurred in this decade (which still has two years to go), shouldn’t we be asking what’s changed? We have been living in an increasingly safe era since the peak in violent crime, with the outlier being mass shootings. The overall homicide rate reached its peak in 1992 at 9.8/100,000 and firearm homicides are now down to about 3.5/100,000 nationally.

For a nation of 300 million people, that’s a difference of about 10,000 fewer people dying in gun murders per year compared to where we would be if the rate had held constant.

Some will blame the internet, social media and our increasingly alienated modern society for angry white guys committing more mass murders. The truth is we have no idea why this abomination is happening more frequently. One place where better data would help is knowing what percentage of the population now has access to rapid fire assault weapons with large capacity clips.

We do know that gun ownership is more prevalent than it was in the 1950’s through the 1970’s. We know that there are many people out there with guns. Per capita, the number of guns in the hands of civilians has roughly doubled since 1968, from one gun per every two persons, to one gun per person. Yet, the firearm murder rate is lower.

We haven’t gotten anywhere with gun control since the Clinton presidency. There are few issues in America that we won’t tackle if they continually cause deaths. We don’t allow drinking and driving, and we require that people wear seatbelts. We are trying to blunt the anti-vaxx’ers by now requiring kids to show proof of vaccination before they can attend public school. We’re willing to send the people who screwed up Flint, Michigan’s water system to jail.

But nothing works to restrict the availability and lethality of guns.

The new governor of Colorado, Jared Polis, has a different framing for the gun debate. He talks about limiting “gun violence” not about “common sense gun control”, which is the standard liberal meme when it comes to limiting the Second Amendment.

Maybe a focus on gun violence as opposed to gun control is a better way to create voter support for new restrictions on guns, the kind of restrictions that would help lower the number and lethality, of mass shootings.

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The Democrats’ Closing Argument

The Daily Escape:

Autumn in full, near Hopkinton MA – 2018 photo by Karen Randall

We’ll know soon whether all the money and energy spent on the 2018 mid-terms have produced a good outcome for the Dems, or for the Republicans.

And what is the Democrats’ closing argument? The “closing argument” is a clichĂ© for the final messaging of every campaign. Many voters only tune in for the last few days before Election Day, and candidates make closing appeals to those newly opened ears.

The plan for the Democrats’ closing argument, as Carter Eskew says in the WaPo:

Run on issues such as health care, especially the Republican threat to not cover preexisting conditions, to win over independents, and then to rely on President Trump’s daily outrages to stoke Democratic turnout. I am sure that Democrats all across the country have millions of polling cross-tabs that show that the best way to build a winning coalition is not by attacking Trump, but by presenting solutions that help “everyday Americans.”

There is some logic to what Eskew is saying. Yesterday, we showed polling from the Kaiser Family Foundation about the top issues for Democrats, Republicans and Independents. Here it is again:

The top issues for Dems align with the top issues for Independents, but not with Republicans. A report by the Wesleyan Media Project, which tracks political advertising, supports both the Kaiser survey and Eskew’s viewpoint:

Trump came up in just 10% of ads from Sept. 18 to Oct. 15 — and only 5.5% of them were negative. That’s by far the lowest proportion of attack ads against a sitting president since the 2002 midterms, when George W. Bush’s soaring popularity after 9/11 made him off-limits for Democrats.

Dems have downplayed dislike of Trump in favor of a closing argument focused on health care, taxes and protecting entitlements. The Wesleyan article suggests why Democrats have chosen to focus on the issues voters care most about, rather than on Trump: Dems think that likely voters have heard enough about Trump, and have made up their minds about whether or not they buy him, or his closing argument.

Meanwhile, Brian Stelter wraps up Trump’s closing argument for the midterms:

— Fear the caravan
— Hate the media

Trump is saying that a vote for Republicans is a vote for Trump, while a vote for Democrats is a vote for higher taxes, open borders, recession, and socialism.

So the question is, do the Dems have a winning closing argument? More from Eskew:

Democrats need to urgently remind their base and independents of the deeper and more emotional stakes of this election. They need to show their base and potential converts that there is a way to convert anger, malaise and resignation about Trump into an affirmative and liberating action.

To win a majority in the House next Tuesday, and have any chance of winning the Senate, Democrats need to raise the stakes of this election higher than simply who better preserves protections for preexisting conditions.

The stakes are very high. If the Dems fail to take back the House, the GOP and Trump will be emboldened to attack Social Security, Medicare and Medicaid. The Democratic Party should act like those programs are already in play.

With the midterm elections only a few days away, those are the closing arguments from Democrats and Republicans.

Mazlow’s hierarchy of needs will probably decide the mid-terms. Fear for survival and hate of those threatening it are what Trump is using to motivate his base. If you are betting person, take hate. Hate doesn’t always win, but in today’s America, it usually covers the point spread.

If you doubt that, try naming a single compelling emotion that comes to mind when you say “Democratic strategy.” When the NYT is putting photos of the “migrant caravan” on the front page above the fold every day, you’ve got to wonder what the Democrats are thinking.

While Trump inflames the immigration issue, Dems are ducking it. They are refusing to clarify how the US should deal with the caravan when it arrives, except to say that kids shouldn’t be in cages, which is an easy answer.

Should we let the illegals in or not? A few Dems say abolish ICE, but that’s a losing argument. The Party leaders instead change the subject to health care.

Is refusing to be drawn into the caravan debate part of a winning closing argument?

We’ll see.

If it isn’t, Wrongo’s message to Democrats is: Reform the party, kick out the dinosaurs, build a platform that truly helps the people.

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Sending Troops to the Southern Border

The Daily Escape:

Fall at first light, Northern VT – 2018 photo by mattmacphersonphoto

The caravan, again. From the WaPo:

The Trump administration is expected to deploy additional US troops to assist in security operations at the southern border in response to a caravan of migrants traveling north on foot through Mexico, three US officials confirmed Thursday.

The Pentagon is sending 800 more troops, including some active-duty forces primarily from the Army. The new deployments would add to the estimated 2,100 National Guard troops already involved in border operations. Zandar says:

The party of separating refugee kids from their parents and keeping them in cages in detention camps seems to think that martial law on the southern border is going to be a political winner for them in a couple weeks.

But will really be a winner for the GOP? Although the GOP and Trump are continually trying to instill fear of undocumented immigrants, most of us haven’t been persuaded. In fact, according to a Chapman University Survey of American Fears, a larger share of the public is afraid of Trump (59%) than are afraid of illegal immigrants (41%):

Fear of illegal immigrants
59.3% are not afraid
19.3% are slightly afraid
12.2% are afraid
9.3% are very afraid

The Chapman study shows that the proportion of Americans expressing concern about immigrants is about one in 3. So, why are Republicans acting like we’re about to be invaded? Here’s one Congress critter who’s sounding the alarm:

Rep. Louie Gohmert (R-TX) suggested that President Donald Trump might have to declare martial law along the southern border of the United States to prevent a large group of Central American refugees and migrants from entering the country.

Gohmert was speaking on a Fox radio show. When asked what “martial law” would look like, the congressman responded that it would mean Federal troops at the border dealing with the mob invasion: (brackets by Wrongo)

This has got to be so massive, I mean, you might have to declare martial law along the border…And the Democrats have been too stupid to realize that [by] encouraging this caravan they may actually empower the president to do things they never wanted.

It got worse: (emphasis by Wrongo)

The military needs to have their weapons pointed towards Mexico and not toward the American people, but it may be that we have to have enough federal law enforcement, and maybe we have to have the National Guard if Jerry Brown is going to force the issue ― but I hope and pray he won’t be so stupid as to try to stop the US government from enforcing our border because then we’re talking treasonous-type acts.

Wow, we know that Gohmert isn’t the brightest bulb in the House, but, training guns on Jerry Brown? And what’s treasonous? It is perfectly legal for persons to request asylum at the border. That’s how it’s done.

Anyone else see a line between this, and bombs showing up at the homes and offices of some Democrats who criticize Donald Trump?

There may be decent reasons to add more military on the southern border, assuming that the volume of migrants asking for asylum is about to increase. The key is that there will be a surge of people seeking asylum if/when the caravan gets to the border, so additional resources will be useful.

The guardsmen already at the border are under orders from their respective state governors and remain under their governor’s control. Gen. Mattis issued a memo this year that prohibits them from interacting directly with “migrants or other persons detained,” and that directive is still in place, said a Pentagon spokesman.

Officials said Thursday that the additional forces will mostly include engineers to build new traffic barriers, aviation support, doctors and lawyers to provide legal representation.

That’s fine, but Trump, the GOP, and especially Rep. Gohmert, ought to read up on the 1878 Posse Comitatus Act which expressly prohibits the use of US military forces to perform the tasks of civilian law enforcement such as arrest, apprehension, interrogation, and detention inside the US, unless explicitly authorized by Congress.

Despite Trump’s tweets, there is no crisis at the border. And using the military as Gohmert suggests, violates the Act.

As the mid-term election fast approaches, we need to see that there are many in Congress who are willing to flaunt, or straight up violate laws in order to make a political point.

They have to be turned out of office next month.

This time, make the 2018 election have consequences for the other side.

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Saturday Soother – September 22, 2018

The Daily Escape:

Bridge of Sighs, Venice, Italy — photo by _enk

Another week in Trumplandia is in the books. And, for the second consecutive year, there was no “Trump’s Summer Reading List“. That idea seems so preposterous that his handlers don’t even try to fake it. He’s never wandered far from the limo or the hotel lobby. He’s simply not interested in our world.

With that as background, consider Trump’s meeting with Spanish Foreign Minister Josep Borrell in which Trump suggested building a wall across the 3,000 mile-long Sahara Desert to prevent African migrants from making their way into Europe:

You need to build a wall around the Sahara…When Borrell asked Trump if he understood just how big the Sahara is, Trump argued that “it can’t be bigger than our border with Mexico.” Borrell then informed Trump that the Sahara is far bigger than the U.S. border with Mexico.

And this was in The Guardian, not The Onion. Hold on to Trump’s fixation with walls for a bit, and read this tweet:

I want to know, where is the money for Border Security and the WALL in this ridiculous Spending Bill, and where will it come from after the Midterms? Dems are obstructing Law Enforcement and Border Security. REPUBLICANS MUST FINALLY GET TOUGH!

— Donald J. Trump (@realDonaldTrump) September 20, 2018

He tweeted this because the Senate approved their conference report with the House by a bipartisan 93-7 majority. It funds the departments of Defense, Labor, Health and Human Services, and Education for the next fiscal year.

The best part was that it included a continuing resolution to keep the rest of the government agencies funded until after the mid-term election, so no shut-down, unless Trump refuses to sign the bill.

And, Congress designed it to prevent a standoff about Donald Trump’s border wall. Apparently, the lack of wall funding was a surprise to Trump, so he asks via tweet, “where is the money for the WALL?”

Once the Kavanaugh/Dr. Ford’s: “is it attempted rape, or just teen-age hijinks?” debate stops sucking up all of the oxygen in DC, Democrats should start praising Congressional Republicans continuously for defying Trump about the wall.

Dems should loudly praise Republicans for sending Trump a bill he can’t veto. They should hammer that wedge hard.

And, if Trump does veto it, we’ll see an instant shipwreck for the Republicans.

But right now, you need to get away from it all for at least a few minutes. You need to let your brain calm down. Wrongo calls this the Saturday Soother. We start by brewing a hot steaming cup of coffee. Today, we return to coffee roaster Geoffrey Martinez of Compton, CA’s Patria Coffee. Wrongo purchased a 12 oz. bag of Patria’s Peru Amazonas WP Decaf, and it was liked by all. So why not brew up a Vente cup of that, and enjoy. (A blog reader asked Wrongo if he receives any payment for these weekly coffee recommendations. He does not.)

Settle back in a comfy chair and watch the fall season begin outside your windows. Here, on the fields of Wrong, the crab apple, birch, and tulip trees are losing their leaves. The deer visit the crab apples several times a day to eat the fruit that falls to the ground.

Now, wearing your Bluetooth headphones, listen to trumpeter Chris Botti and violinist Lucia Micarelli perform “Emmanuel” live in Boston as part of Botti’s 2009 PBS special. The music was written by Michel Colombier, and released in 1971. Emmanuel was written to honor the memory of Colombier’s son, who died when he was only 5 years old. This piece will help you forget about Trump, Kavanaugh, and the Russians for a while:

Those who read the Wrongologist in email can view the video here.

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Monday Wake-Up Call — Constitution Edition

The Daily Escape:

Spruce Knob, WV at sunrise – 2018 photo by zjustus88

Sept. 17 is Constitution Day, commemorating the signing of the US Constitution 231 years ago, the day that the Constitutional Convention adopted the Constitution as our supreme law.

We sometimes forget that the country was without a Constitution for 11 years after the Declaration of Independence, and for six years after the War of Independence ended. Somehow, we survived.

We also forget that there was plenty of conflict between the founding fathers at the Constitutional Convention. They had vigorous debates about the balance of power between the national and state governments. Two factions emerged: Federalists, who supported the Constitution and a strong central government, and anti-Federalists, who mainly supported strong state governments.

To placate the anti-Federalists and ensure ratification, the Federalists promised to pass a Bill of Rights to protect individual liberty and state sovereignty, which they finally did in 1791, four years after the Constitution was ratified.

Today there’s plenty of discussion about the Constitution, about what’s constitutional, and what’s not, about which of the Supreme Court justices are trampling on the Constitution and which are ripping it to shreds. It seems that there is nothing more important to the Republic than selecting the next Justice, in this case, Brett Kavanaugh.

Joseph Ellis in the WSJ Weekend edition, reminds us that:

Most members of America’s founding generation would have regarded this situation as strange. If you read the debates among the delegates at the Constitutional Convention of 1787, and then read their prescriptions for judicial power in Article III of the Constitution, it becomes clear that the last thing the 39 signers of the document wanted was for the Supreme Court to become supreme.

Ellis says that the founders thought that Congress should be “supreme”, and a majority thought that each branch of government should decide the scope of its own authority. He says that the founders’ had no interest in having the Supreme Court be the ultimate control point for the US government, since it’s our least representative body, and the one farthest removed from the ultimate authority (the People).

More from Ellis:

For most of American history, the Supreme Court only infrequently stepped forward to redefine the political landscape in decisive fashion. The two most conspicuous occasions both involved the great American tragedy of race.

For Ellis, the first of the two most significant cases was Dred Scott v. Sandford (1857), in which the Court tried to resolve the politically unsolvable problem of slavery. The majority argued that the framers of the Constitution clearly regarded slaves as property, and therefore the Missouri Compromise (1819) and the Compromise of 1850 were unconstitutional.

This meant that the federal government had no authority to limit the expansion of slavery in the western territories. Dred Scott deepened the sectional divide that led to the Civil War, and legal scholars and historians have long considered it one of the worst Supreme Court decisions in American history.

In 1954, the Supreme Court, in Brown v. Board of Education landed on the other side of the racial divide, striking down the legal doctrine of “separate but equal” that the justices had upheld as a justification for racial segregation in Plessy v. Ferguson (1896). The Brown decision signaled a crucial shift in the role of the Court, the first step on its way to becoming the dominant branch of the federal government in deciding the direction of domestic policy.

That led to 30 years of liberal decisions for the Court. The liberal agenda expanded the rights of criminal suspects, broadened the definition of free speech and, in Griswold v. Connecticut (1965), discovered a new right to privacy. Building on the right to privacy, the Court affirmed a woman’s right to abortion during the first trimester in Roe v. Wade (1973).

Ellis concludes:

…since Brown we have watched the Supreme Court bend the law in two different directions, landing on one side or the other of the political spectrum based on which political party could command a 5-4 majority. The only difference between the two sides is that liberals are transparent about their political agenda, while conservatives, using originalism to make problematic claims of detachment, are not.

Americans now know that the Supreme Court is biased, partisan, and often makes rulings based on ideology versus law. The word “unconstitutional” has become a catch-all term for whatever we don’t like about our government, or our society. This renders one of the most terrifying and powerful adjectives in American jurisprudence almost meaningless.

TIME TO WAKE UP AMERICA! We should spend Constitution Day trying to become better citizens. Maybe we start by learning our civic history.

The benefit should be clear: Knowledge lets us understand and appreciate nuance.

After all, America might not have many more birthdays left at the rate that we keep polarizing our ideas about the Constitution.

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Monday Wake Up Call – McCain Edition

The Daily Escape:

Sedona AZ, view from Airport Mesa. Sedona is one of the most beautiful places in America – via Silver Spur Tours

Sen. John McCain died in Sedona, AZ on Saturday. He is remembered as a prisoner of war who suffered greatly, and then went on to a long career as a politician. Most media and politicians are paying tribute to him as a hero and a “giant of the Senate”.

Wrongo is of two minds about McCain: First, he lived a full life, he served his country for decades. As a prisoner of war, he suffered as no human being should ever have to suffer. In the end, we need to see that he was flawed, and made some terrible decisions that hurt the country he loved.

Yet, he deserves our sympathy for his losing fight with brain cancer. His family deserves our sympathy in their time of loss and grief.

Wrongo doesn’t want to kick his corpse, but here are a few things to reflect upon in his political life. From The Guardian:

Wednesday marks the 10th anniversary of McCain unveiling Sarah Palin, a say-anything, gun-toting political neophyte, as his running mate in the 2008….It was an act of political desperation that left Washington aghast. It delivered a short-term boost in the polls. But it also opened the Pandora’s Box of populism.

The Guardian quotes David Brooks about the Palin nomination:

I don’t think he could have known it at the time, but he took a disease that was running through the Republican Party – anti-intellectualism, disrespect for facts – and he put it right at the center of the party…

The Guardian reminds us that, a month later, in September 2008, McCain held a four-point lead over Barack Obama, and had a pretty good shot at winning the White House, which slipped from his grasp.

Today, McCain is respected more by Democrats than by Republicans. A Fox News poll shows that McCain has a 60% favorable (29% unfavorable) rating among Dems, and a 41% favorable (48% unfavorable) rating among Republicans.

This is largely due to one moment from the campaign, now seen everywhere, where McCain is seen admonishing a supporter who refers to Obama as an “Arab”. McCain shakes his head, takes the microphone and says: (brackets by Wrongo)

No ma’am. He’s a decent family man, [a] citizen that I just happen to have disagreements with on fundamental issues and that’s what this campaign is all about.

The crowd applauded. Yet, later at the same rally, a supporter says he is “scared” by the prospect of an Obama presidency. Again, McCain replies with integrity:

He is a decent person and a person that you do not have to be scared as president of the United States.

But, on this occasion, the crowd boos and jeers in what we now hear at any Trump event.

And on election night, while conceding to Obama, McCain said that he had called Obama to offer congratulations, the crowd booed, and McCain begs: “Please.”

Moments later, when he referred to Obama leading the country for the next four years, there were more boos and another entreaty of “Please, please”. More from The Guardian: (emphasis by Wrongo)

From the vantage point of 2018, it looks and sounds like a member of the old guard fighting to hold back the populist tide – a tide that would eventually overwhelm both his party and nation.

That tide was amplified by the selection of Palin as nominee for vice-president. Although viewed from Trumplandia, her gaffes now seem quaint.

Subsequently, we saw the Republican’s anti-Obama obstructionism, the rise of the Tea Party to political power, and the emergence of a growing and toxic mix of cultural and economic resentment. What seemed to be angry but marginal voices at those McCain campaign events, now occupy center stage in the Republican Party. The Guardian concludes with:

And yet, future historians seeking to understand the man and his time will surely revisit that when McCain forced a smile and introduced ‘the next vice-president of the United States, Governor Sarah Palin of the great state of Alaska’.

They will consider what it foretold, and ponder why a man of decency and honor opened the door to demagoguery in America.

McCain didn’t “open the door to demagoguery”, but he held it open for Republicans at a critical point in our politics.

For all his lapses of judgement, Wrongo will miss McCain’s occasional appeals to American values, American principles, and duty to the public good. McCain could, and did, speak to this better vision, even if he didn’t always vote for it.

Let’s remember him as a veteran, and as a senator who saw his party fall into the abyss, knowing that, given his position in the Party, he was more than a little bit responsible.

So Wake up America! There’s no need to make saints of sinners. McCain wasn’t a saint.

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