Category: US Constitutional Issues

Tuesday Wake Up Call – May 3, 2022

The Daily Escape:

Sunrise, Ocean City, NJ – April 2022 photo by Sri Reddy

Jennifer Rubin’s article in the WaPo says that the GOP is not a political party anymore. It’s become a movement dedicated to imposing White Christian nationalism:

“The media blandly describes the GOP’s obsessions as “culture wars,” but that suggests there is another side seeking to impose its views on others. In reality, only one side is repudiating pluralistic democracy — White, Christian…who are becoming a minority group and want to maintain their political power.”

These are the people driving the Republican bus. Any progress is soon followed by their claims of victimhood. From Rubin:

“No one should be surprised that the “big lie” has become gospel in White evangelical churches. The New York Times reports: “In the 17 months since the presidential election, pastors at these churches have preached about fraudulent votes and vague claims of election meddling.…For these church leaders, Mr. Trump’s narrative of the 2020 election has become a prominent strain in an apocalyptic vision of the left running amok.”

America was founded as a Christian nation, by (White) Christians; and its laws and institutions are based on “Biblical” (that is, Protestant) Christianity. As Georgetown’s Phillip Gorski says about Jan. 6:

“Christians waved Trump flags. The “Proud Boys” kneeled and prayed. One man, decked out as a cosplay crusader, clutched a large leather Bible to his chest with skeleton gloves. What looked like apples and oranges turned out to be a fruit cocktail: White Christian nationalism.”

Widening out to society at large, the Republican Christian Right is successfully walking a line between two seemingly contradictory notions: That our nation is the greatest nation on earth precisely because it is a Christian nation; and at the same time, that our nation is overrun with evil forces.

The precepts of Christianity were meant to make us more accepting and humane towards others. Today,  these people are about doing the opposite of that.

The BJC’s (Baptist Joint Committee for Religious Liberty) report on the Jan. 6 coup includes survey data from February 2021, showing that Christian nationalist ideology (specifically, belief that the founding documents of the US are divinely inspired, or that the federal government should declare the US a Christian nation) were strongly associated with the belief that Black Lives Matter and Antifa started the violence on Jan. 6:

Source: Public Discourse and Ethics Survey, Wave 7 (February 2021) Fielded by YouGov. Survey design by Joshua B. Grubbs and Samuel L. Perr

The graph shows that the more White Americans agree with Christian nationalism, the more likely they were to believe conspiracy theories about the involvement of Black Lives Matter or Antifa.

Since the founding of the country, we’ve gradually gained a panoply of rights; rights which could not be infringed by federal, state, and municipal governments. Now, the six Christian conservatives on the Supreme Court plan to gut many of those decisions.

The effort to blur the lines between church and state in America may be reaching its zenith. On April 25, the Supreme Court heard Kennedy v Bremerton School District, the first case involving prayer and public schools to reach the high court since 2000.

America’s Constitution promises the “free exercise” of religion; but it also prohibits the “establishment” of religion. Recently the Supreme Court has been strengthening the first guarantee: the right to live your faith free from government meddling, while chipping away at the wall separating church from state.

The issue in the Kennedy case was whether a public school district had the authority to prevent a high school football coach from continuing his practice of leading student-athletes in midfield prayer immediately after games.

Four justices had previously supported Kennedy when the case first came to the Supreme Court in 2019. At oral arguments this time, both Justice Coney Barrett and Chief Justice Roberts also sounded inclined to join the four in favoring free exercise over religion-state separation.

The decision in this case may change our long-held First Amendment rights into something less than they were designed to be.

Time to wake up America! The Culture Wars are the tip of the Constitutional threat iceberg. We’ve all shrugged and walked away from people who think the worst about non-White, non-straight Americans. We can’t do that anymore.

To help you wake up, listen to The Judds’ “Love Can Build a Bridge”. Naomi Judd died over the weekend. Here it’s sung by Naomi and Wynonna on April 11, 2022. This was Naomi’s last public performance:

Sample Lyric:

When we stand together, it’s our finest hour
We can do anything (anything)
Anything (anything)
Keep believin’ in the power

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DeSantis vs. Disney

The Daily Escape:

Sea glass, Provincetown, MA – April 2022 photo by Nancy Kaplan

Today we continue discussing the growing Republican culture wars, this time in Florida against Disney. NBC News reported:

“The Florida Senate passed a bill Wednesday that would dissolve the special taxing district that allows the Walt Disney Co. to self-govern in its theme park area.”

Walt Disney World has effectively operated as its own municipal government in central Florida since a 1967 state law established what’s called the Reedy Creek Improvement District, an area encompassing 25,000 acres near Orlando. The law grants Disney a wide range of authority, including the power to issue bonds and provide its own utilities and emergency services, such as fire protection.

That law is in large part what convinced Disney originally to come to Florida. It has since become the state’s largest private employer with 80,000 jobs.

On Wednesday, the Florida senate passed a bill that would dissolve all independent special districts established before 1968, including Reedy Creek. Lawmakers voted 23 to 16 in favor of the bill during a special session of the state Legislature.

This is part of Gov. Ron DeSantis’ (R) and the Republican-controlled  legislature‘s escalating culture war with Disney over the company’s opposition to recently passed legislation in Florida that Disney considers to be anti-gay. Disney’s leadership has criticized the legislation that prevents classroom discussion of gender identity and sexual orientation in kindergarten through the third grade.

Disney later said it would pause making campaign donations in Florida and also said it hoped that the law would either be repealed or struck down by the courts.

Wrongo is old enough to remember when the GOP believed that corporations had free speech and should be pretty much immune from regulation. But it now seems that corporations can be harassed or investigated unless they fall in line with the goals of the Republican culture war.

Targeting Disney only became a thing after the company spoke out about the “don’t say gay” law. Charles Cooke in the National Review notes that:

“Until about a month ago, Walt Disney World’s legal status was not even a blip on the GOP’s radar. No Republicans were calling for it to be revisited….”

Cooke says that Florida’s legislature has had five opportunities over the past 50 years to remove Disney’s sweetheart deal and didn’t. But context is everything. After the DeSantis effort to punish Disney, the legislature piled on, pretending that it’s doing so out of a concern for “good government”.

The fun part is that Disney’s status is not unique. Florida has 1,844 special districts, of which 1,288, like Walt Disney World, are “independent.” Charlie Sykes at the Bulwark offers up examples of a few more of these districts:

  • The Villages (where Governor DeSantis announced his review of Disney’s status)
  • Orlando International Airport
  • The Daytona International Speedway

Wrongo isn’t defending Disney’s right to special treatment, despite he and Ms. Right having a granddaughter who works for Disney in CA.

Wrongo would be fine if Florida took away all special breaks from these large corporations.

The Disney special district is really a form of corporate welfare. And no Republican with serious national ambitions wants to be against corporate welfare. So instead, DeSantis tries punishing Disney as part of his red-hot culture war. If this move was really about good public policy, then Republicans would have done it through their regular legislative process. But that clearly wasn’t their intent.

Overlooked in the anti-Disney hype, was that this bill was attached to other legislation approved by the Florida senate, a Congressional redistricting map that eliminates two predominantly Black Congressional districts and tilts the balance of the Florida delegation even more to the Republicans. Democrats were especially critical of an amendment added Tuesday that requires all lawsuits challenging the redistricting map to be filed in Leon Circuit Court. This is an attempt to sidestep the federal court in Tallahassee where in the past, most election law cases have been challenged and found to be unconstitutional.

The new map is expected to boost Republicans’ current 16-11 Congressional advantage to 20–8. Republicans would likely own roughly 71% of the state’s Congressional seats in a state where Trump won with 51.2% of the vote in 2020. Florida also gained a seat during the most recent census.

The Party claiming to be against “Big Government” is using the government to punish a private company for permissible business decisions. As Heather Cox Richardson says:

“The Walt Disney Company delivers to the state more than $409 million in sales taxes for tickets alone, employs more than 80,000 Florida residents, and supports more than 400,000 more jobs. Today, the Miami Herald reported that repealing the company’s governing authority would raise taxes on families in the area by $2,200 each.”

Anyone else getting really tired of Republicans telling us we can’t say certain words, we can’t read certain books, we can’t teach certain things, or that we can’t talk about certain history? And why are they taking away our freedom to vote?

What’s Conservative about any of that?

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Saturday Soother – April 16, 2022

The Daily Escape:

Water Lilies, Balboa Park, San Diego CA – April 2022 photo by Sharyl Edmiston Mitchell. Like Monet but in focus.

Three items for your review this Saturday. First, the watchdog group American Oversight published emails that revealed Ginni Thomas, wife of Supreme Court Justice Clarence Thomas, asked Republican Florida Gov. Ron DeSantis to join a weekly coalition meeting of conservatives with ties to a group she founded called Groundswell.

She suggested that DeSantis’ office would be familiar with her because her husband had been in contact with the governor “on various things as of late.” That was in February.

DeSantis has two policy items that are likely to go before the Court: Florida’s Congressional redistricting map (drawn under DeSantis’s supervision) and Florida’s ban on abortions after 15 weeks. Could these be among the “various things” that DeSantis and Clarence Thomas discussed?

We may never know because the Supreme Court has no enforceable code of ethics and no mechanism for reporting ex parte communications between justices and politicians or lobbyists. We’re headed backwards in America: Our sadness is that a minority, aided by the Supreme Court will now define what America really is.

Second, A 26-year-old black Grand Rapids, Michigan man was administered the death penalty by a cop for a minor traffic violation after he resisted arrest. Patrick Lyoya was a Congolese refugee who came to the US fleeing violence in the Democratic Republic of Congo in 2014. Wrongo will not present one or more of the gratuitous violence porn videos of the incident that are all over the internet.

Here’s a chart showing just how many more people are killed by cops in America vs. those killed in other wealthy countries:

Note that cops in other developed countries don’t kill very many people. For a cop to kill somebody in Western Europe or Japan, it is extraordinarily rare. In comparison, three people are killed by cops every day here in the land of the free.

On the other hand, there are 300 million guns out in the wild in the US. That’s surely making police more trigger-happy than cops in the rest of the civilized world. While that’s true, US police work isn’t nearly as dangerous as the police unions want you to believe, since death by Covid was the leading cause of police death for the second year in a row.

The typical take on this will be “You won’t die if you don’t run from the police.” That’s reasonable in the abstract, But should failure to comply with established Best Practices for America’s Docile Citizenry be a death sentence? That’s an authoritarian mindset.

There may be situations where it is legitimate to shoot a fleeing suspect to prevent the actual threat of death or severe bodily injury; but this was not one of those cases. Police now have the mentality that their primary goal is achieving compliance with their orders in every situation, and whatever they need to do to achieve that is ok. They’re wrong, it isn’t ok.

Third, old US Senators have got to retire. We currently have the oldest Senate in US history. From the WaPo:

“Twenty-three members of the Senate are in their 70s; only one is under 40. According to the Congressional Research Service, the average age of senators at the beginning of this year was 64.3 years — the oldest in history.”

And this part of the story is both sad and unnerving at the same time:

“Colleagues worry Dianne Feinstein is now mentally unfit to serve, citing recent interactions.”

The article quotes other Senators on her failing mental acuity. Feinstein’s term runs until January 2025.

With all that’s wrong, it’s time to leave the news of the week behind and focus on centering ourselves so we can try to handle next week’s horrors. It’s time for our Saturday Soother.

Spring has sprung on the fields of Wrong. The forsythia and daffodils are blooming. We’ve mulched all plants and trees; the lawns have been dethatched and seeded. It’s still too early to put out the garden furniture, but our plans to create a pollinator garden are proceeding.

To help you center yourself, start by brewing up a big mug of Dark Matter coffee ($17.00/12 oz.) made by San Diego’s own West Bean coffee roasters.

Now grab a comfy chair by a south-facing window and since this weekend is important to three of our great religions, settle back and listen to Mozart’s “Ave Verum Corpus”. Mozart composed this motet in D major in 1791 during the last year of his life to celebrate the feast of Corpus Christi.

Here it is performed by The Choir of King’s College, Cambridge directed by Daniel Hyde. It is from the BBC’s “Easter from King’s 2022” broadcast on BBC Two today:

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Sunday Cartoon Blogging – April 3, 2022

The latest monthly jobs report shows 431,000 jobs were added. The report marked the 11th straight month of job gains above 400,000, the longest such stretch of growth in records dating back to 1939. So far in 2022, the economy has created 1.69 million jobs. That’s in just three months. By any fair measure, it’s an extraordinary total.

We are still about 1.6 million jobs below the number of employees in the workforce in February 2020 just before the pandemic hit. At the current average rate for the past six months, it will take three more months to get back to that level.

Leisure and hospitality jobs, which were the hardest-hit during the pandemic, rose by 112,000, but are still 1.5 million below their pre-pandemic peak. They comprise most of the jobs that are still missing in the economy.

Wage growth, which averaged 5.9% in the 2nd half of 2021, was up again, now showing a 6.7% year over year gain. Aside from April 2020, this is the highest wage growth in 40 years. And aside from three months in 2019 and 2020, the unemployment rate was the lowest (or equal to the lowest) in over 50 years.

The blemish is inflation. Most likely, inflation-adjusted wages have risen by 1% or less in the last year. On to cartoons.

A brief history of recent misspeaks:

Biden tries a different way to get Putin:

Florida’s Governor DeSantis says the mouse is the real enemy of kids:

This Thomas’s dinner conversation is straight-up ok:

Fox hires Caitlyn Jenner, but there were unforeseen issues:

Free Brittney:

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Dog Whistles in the Senate

The Daily Escape:

Poppy bloom, Lancaster, CA – March 22, 2022 photo by Matthew Mactaggart

There are many urgent issues that the Supreme Court is considering, but whether a children’s book should address racism isn’t one of them. At the Senate Judiciary Committee hearings on the qualifications of Judge Ketanji Brown Jackson for the Supreme Court, the curriculum at a private children’s day school in Georgetown was among the questions Republican Senators felt she needed to address.

This is more than simply a performative effort by a few Republicans to dog whistle to their supporters. It’s part of a decades-long effort by conservatives to control public education.

Bob Oakes of Boston’s WBUR had a report about how local Massachusetts school boards, like school boards across the country, have been facing angry questions about everything from Covid restrictions to the way schools teach about racism:

“WBUR found dozens of districts have faced criticism over how teachers discuss race and diversity in the classroom, as well as sex education.”

Oakes reported on the school committee at Dudley-Charlton, two small towns that share a school district and a high school. For years, local school committee meetings had focused on routine items such as staffing and trips by the marching band. More from WBUR:

“….that all changed last July when dozens of parents and residents packed a committee meeting to protest the school’s efforts to combat racism, including the hiring of a new diversity consultant.”

That led some residents to push unsuccessfully a recall of five school committee members over issues including Covid mask requirements and the hiring of the diversity consultant.

Jill Lepore has an article in the New Yorker about the history of efforts to control public education stretching back to the 1880s. She notes that for more than a century, from the teaching of evolution to anti-racism, parents have clashed over who gets to tell our origin story. She points out that community control began in the 1880s with the move to mandatory public education:

“Some families objected, citing “parental rights,” a legal novelty, but courts broadly upheld compulsory-education laws, deeming free public schooling to be essential to democratic citizenship.“

By 1916, nearly every state had mandated school attendance.

We have generally accepted that local and state school boards set curricula with the intention of having our students absorb a consensus-approved range of subjects which collectively tell a story about how we want our children to develop into adults.

This means teaching math and science, history and civics, the novels of Steinbeck and Toni Morrison in English class, along with the foundational myths we feel are important to the American story. All of this – the curriculum and the teaching – cohere to mold young citizens.

As Lepore notes, some Americans keep their children out of public schools because they don’t believe in a community of interests. That isn’t what they say of course. They put their children in charter and private schools, because they prefer their “quality.” What they won’t admit is how their search for a “quality” education also implies a question: What kind of information and what kind of child will their private school keep away from their children?

From Lepore:

“A few parents around the country may not like their children learning that they belong to a much bigger family—whether it’s a human family or an American family—but the idea of public education is dedicated to the cultivation of that bigger sense of covenant, toleration, and obligation. In the end, no matter what advocates of parents’ rights say, and however much political power they might gain, public schools don’t have a choice; they’ve got to teach, as American history, the history not only of the enslaved Africans who arrived in Virginia in 1619 and the English families who sailed to Plymouth on the Mayflower in 1620, but also….everyone. That’s why parents don’t have a right to choose the version of American history they like best, a story of only their own family’s origins. Instead, the state has an obligation to welcome children into that entire history, their entire inheritance.”

Parents trying to bully school boards into changing the curricula to suit their worldview is inherently wrong. The argument that “parents have the right to control what is taught in public schools because they’re our kids” is un-American. The Supreme Court found that to be true in 1943 in West Virginia State Board of Education v. Barnette, when the Court struck down a statute that required schoolchildren to recite the Pledge of Allegiance, saying it was a violation of the First Amendment.

The purpose of public school is to teach kids what society needs them to know. It’s the parents’ job to teach them what they WANT them to know.

Listen up Republicans: the “customer” of the public school system is the entire community, not individual parents or specific political parties. Those parents aren’t harmed, and they haven’t lost any “freedom” when curricula are set by school boards.

They still have the right to send little Jason and Janey to the private school of their choice at their own expense.

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Monday Wake Up Call – Remembering MLK, Jr.

The Daily Escape:

After an ice storm, Taos NM – January 2022 photo by Bob Benson

“Freedom without consequences is a myth. Our actions always have consequences. The question is: who will bear them?” – Seth Godin

The year 1968 was pivotal. In addition to the assassination of Martin Luther King, Jr., it brought the Tet Offensive, student protests across the country, the assassination of Robert F. Kennedy, the student and police riots at the Chicago Democratic Convention, Black Power salutes at the Olympics, and the triumph of Richard Nixon’s Southern strategy.

MLK, along with others in our churches and a few courageous politicians, came together to support the Big Idea that Separate was not Equal. MLK gave a voice to that Big Idea. His presence, power and persuasiveness drove our political process to an outcome in the Civil Rights Act of 1964 that was completely unthinkable in 1954 when Brown vs. Board of Education was decided by the Supreme Court.

Wrongo participated in the Civil Rights movement from 1958 to 1962. He left active participation in the movement believing good ideas and a morally sound position would change our politics. He was wrong.

Legislation has recently passed in eight states that will restrict what students can be taught about our past. This is an effort to segregate certain subjects from our common history. These Republican states want to diminish or exclude the stories that speak to slavery, to Jim Crow, and to other moments in which America’s deepest shortcomings around the subject of race in America are told.

Wrongo wishes that this represented a minority of the Republican Party. But when Biden spoke in Atlanta, he said:

“I ask every elected official in America: How do you want to be remembered? Do you want to be on the side of Dr. King or George Wallace? Do you want to be on the side of John Lewis or Bull Connor? Do you want to be on the side of Abraham Lincoln or Jefferson Davis?”

Dr. King had said that stripping the right to vote from Black southerners laid the groundwork for laws that further disadvantaged poor people, even across racial lines. Then as now, Southern legislatures justified limiting the franchise to vote with specious claims about electoral shenanigans.

Biden’s words set Republican teeth on edge. Sen. Mitch McConnell (R-KY) said that Biden:

“…called millions of Americans his domestic enemies…and that if you disagree with him, you’re George Wallace….If you don’t pass the laws he wants, you’re Bull Connor, and if you oppose giving Democrats untrammeled, one-party control of the country, well you’re Jefferson Davis.”

Fox News contributor Ari Fleischer tweeted:

“Now he says disagreeing w/him on voting laws means you’re a segregationist, like George Wallace or Bull Connor. How low can he go?”

The linkage between trying not to teach America’s true history with the censorious outrage shown by Republicans over Biden’s comments is clear. Biden said America needed to be on the side of voting rights.

That was Dr. King’s great struggle, and his great success.

But Republicans want to whitewash that history. They also condemn Biden’s efforts to tie today back to our undemocratic past. As Jelani Cobb says this week in the New Yorker:

“This holiday honoring Martin Luther King, Jr., sees a nation embroiled in conflicts that would have looked numbingly familiar to him. As school curricula and online discourse threaten to narrow our understanding of both past and future, it’s more important than ever to take stock of our history and its consequences….

Time to wake up America! We are docile sheep heading back to the barn, the place where we will be shorn of our democracy, just as surely as wool is shorn from the sheep. The smoking guns are all around us, and yet, we seem hopelessly divided about what we should do to change course.

To help you wake up, let’s listen to Wrongo’s favorite MLK song, “Southern” by OMD from their 1986 album “The Pacific Age“. On April 3, 1968, in Memphis, King delivered his last speech, which we remember as his “I’ve been to the mountaintop” speech. He was assassinated the next day. OMD samples some of the content of that speech in “Southern”:

Although everyone knows the “I’ve been to the mountaintop” part of the speech, Wrongo thinks our focus should be on the following:

I want young men and young women, who are not alive today
But who will come into this world, with new privileges
And new opportunities
I want them to know and see that these new privileges and opportunities
Did not come without somebody suffering and sacrificing
For freedom is never given to anybody

Why focus on that part of the speech? One day down the road, and it will not be long, young people will have forgotten what MLK meant to America, or how whatever remains of their civil rights, came to be.

Or, how the 13th Amendment ending slavery came about, and why, 100 years later in 1965, the Voting Rights Act was passed, or how 48 years later, in June, 2013, the Roberts Court eviscerated it.

So, take the time to teach a child about why MLK is so important.

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Biden’s Speeches Are Better, but the Dem’s Messaging Isn’t

The Daily Escape:

Sea Smoke, Willard Beach, Portland, ME – January 2022 photo by Rick Berk Photography

Tom Friedman had a column in the NYT proposing that in 2024, Biden should drop Harris and run instead with Liz Cheney. When Wrongo read that, he poured a big glass of Bushmills 21 single malt.

The thrust of this, and other musings about 2024, is that Biden is a weak candidate who is further dragged down by Harris. That may be true. But assuming Biden is up against Trump again, who are the additional voters who will vote Democrat because of Cheney, and who otherwise would not do so?

We’ve learned in the past weeks that Biden can give good (and tough) speeches, as he did in calling out Trump in the Capitol Rotunda on the anniversary of Jan. 6. And in Atlanta on Tuesday for voting rights, where he said:

“I ask every elected official in America: How do you want to be remembered? Do you want to be on the side of Dr. King or George Wallace? Do you want to be on the side of John Lewis or Bull Connor? Do you want to be on the side of Abraham Lincoln or Jefferson Davis?”

Those words set a great example for how Democrats need to message in order to win.

It’s a good message, but what happens next on voting rights is crucial: Democrats can stick with Senate Majority Leader Schumer’s plan and lose on a vote to consider suspending the filibuster rules to pass voting rights. Everybody knows that Schumer’s plan will produce nothing meaningful. Can they instead find a compromise with Republicans (and Manchin and Sinema) to get some form of a voting bill passed?  Wrongo favors getting something done, even if the Party’s left wing isn’t happy with the outcome.

Biden and the Democrats also need to message better on several other dangerous political issues.

First, schools are going to be a big problem for Democrats in the mid-terms and beyond. Politico has an article: “How School Closures Made Me Question My Progressive Politics” where the author says her son’s school was closed when Trump was President. It’s open now under Biden, but she’s still mad at the Dems.

Chicago mayor Lori Lightfoot fought with the Chicago teacher’s union about keeping schools open. This exposed divisions between traditional Democratic constituencies, the union, and a majority-Black populace. Keeping schools open has become a nationalized issue. As the NYT noted, it’s a problem for Democrats everywhere:

“Because they have close ties to the unions, Democrats are concerned that additional closures like those in Chicago could lead to a possible replay of the party’s recent loss in Virginia’s governor race.”

The Democrats messaging on schools should echo what CDC Director Rochelle Walensky said: “Schools should be the first places to open and the last places to close.” Biden also needs to side with parents and students. If reopening schools is a top priority, testing needs to be available and free to schools. And he needs to call out the teachers unions: “No one should be keeping schoolhouse doors closed, especially not our friends in the unions.”

Second, crime is also going to be an issue in Biden’s re-election campaign as well as for the Democrats in the mid-terms. We all know that the call to “defund the police” was a political disaster. Democrats need to change the conversation, particularly since they didn’t deliver on a long-promised bipartisan police reform bill last fall.

Dems need to be completely clear that they oppose defunding the police. Biden can lead by saying: “Some folks think that we shouldn’t put criminals in jail or they downplay the dangers of violent crime. They are wrong. We have to protect our families and our neighborhoods.”

The messaging should include: “Continuing the fight for social justice shouldn’t come at the cost of public safety.” Dems could also point to the hypocrisy of Republicans who claim to “Back the Blue,” but then turned a blind eye to the attacks on Capitol police officers on January 6.

Third, immigration isn’t going away as an issue. The Dems should be saying that America benefits from the presence of immigrants. But border security is important, along with an enforceable system that decides fairly who can enter the country, and who should stay.

NYC’s new mayor Eric Adams has announced he supports the idea of letting non-citizens vote in local elections. This would add something like 800,000 voters to the rolls only for city-wide elections. Today, just 15 US cities allow noncitizens to vote in local elections. Eleven are in Maryland, two are in Vermont, plus NYC, and San Francisco.

This will be a huge 2022 talking point for Republicans. They will say it’s proof that Democrats want immigration solely to increase the number of Democratic voters. Biden and Dem mid-term candidates should be saying: “Only American citizens should be allowed to vote.”

It isn’t the media’s job to fight the Dems’ partisan battles, despite Dems wishing that were so. Democrats need to ramp up their messaging game. The Democratic Party doesn’t have a true coordinated effort to counter the right-wing disinformation ecosystem, and are suffering because of that.

As Ron Filipkowski says:

“If the Democratic party had relentless, full-time people working as a team to fight the right-wing disinformation war, it would be more effective than all the traditional media outlets combined.”

Democrats have to get better at politics if they expect to hold the House and Senate in 2022.

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Rehabilitating Our Democracy

The Daily Escape:

Christmas lights, New Milford Green, New Milford CT – December 2021 photo by Tom Allen. New Milford was founded in 1709.

James Fallows writes a column called “Breaking the News”. His most recent article looks at the growing mismatch between the formal structure of the US government (two Senators per state and the House ceiling of 435 members), and the astonishing population growth in the US since the Constitution was ratified in 1788.

Fallows says the main problem is that modern America is running on antique rules that are too hard to change and too easy to abuse. He sees a Constitutional shift from protecting minority rights, to enabling minority rule, which ultimately means a denial of democracy. A system that is not steered by its majority will not survive as a democracy.

Fallows outlines the changing nature of big vs. small in America. When the Constitution was being negotiated, two issues were big states vs. small states, and slaveholding states vs. non-slave states. At the time, the three most populous original states had around 10 times as many people as the three smallest. That was behind the agreement to the two-Senators-per-state deal. But today, the three most populous states—California, Texas, and Florida—have about 45 times the population of the three least populous, Wyoming, Vermont, and Alaska.

Second, the ceiling on the size of the House of Representatives must change. Fallows observes that when the country was founded, there were 65 members of the House. For the next century-plus, the size of the House increased after the Census, following changes in the US population. Just before World War I, the number was capped at its current level of 435. Today, the US population is about 90 times larger than it was in 1788, but the House is just 7 times as large.

Today there’s a bias against the needs of urban and suburban populations. There’s also a distinct small-state bias in the Electoral College. Each state’s representation in the Electoral College votes equals it’s number of Senate and House representatives. As House membership expanded through the 1800s from 65 to 435, House seats became relatively more important in Electoral College totals, and Senate seats relatively less so. From Fallows:

“To spell it out, in the first presidential election, Electoral Votes based on Senate seats made up nearly 30% of the Electoral College total. By 1912, the first election after House size was frozen, they made up only 18%.”

If the House were expanded, then the Electoral College outcome would more closely track the national popular vote.

Jill Lepore writing in the New Yorker, says that the US Constitution was the first national constitution that provided for its own revision. Article V is the amendment clause. The founders knew that the Constitution was imperfect; Article V left a Constitutional means for making it “more perfect.” Without an amendment provision, the only way to change the rules is to overthrow the government.

But it’s extremely difficult to amend our Constitution. Lepore says:

“The US Constitution has been rewritten three times: in 1791, with the ratification of the Bill of Rights, the first ten amendments; after the Civil War, with the ratification of the Reconstruction Amendments; and during the Progressive Era, with the ratification of the Sixteenth, Seventeenth, Eighteenth, and Nineteenth Amendments.”

She points out that by contrast:

“…American state constitutions have been amended over 7,500 times, amounting on average to 150 amendments per state.”

While state governments freely change, the US Constitution doesn’t. America’s older, but not necessarily wiser.

We could approve the National Popular Vote Interstate Compact. It would guarantee the presidency to the candidate who receives the most popular votes. The Electoral College has 535 votes, with 270 needed to win the presidency. In 2020, had 21,461 Biden voters actually switched to Trump, Trump would have won the Electoral College with 270 votes, despite Biden winning nationally by 7 million votes. Each of those 21,461 Biden votes (5,229 in Arizona, 5,890 in Georgia, and 10,342 in Wisconsin) were 329 times more important than the other 7 million votes.

The Compact would end the “winner-take-all” laws in the 48 of 50 states. If passed, the Compact would award their electoral votes in proportion to the votes the candidate receives. Article II gives the states exclusive control over the choice of method of awarding their electoral votes, so they can reform the system if they choose. The Compact would go into effect when enacted by states comprising at least 270 electoral votes.

Time to wake up America! Our current ineffective federal government must change. Otherwise, democracy is doomed.

To help you wake up, watch “Peace Train”, the 1971 anthem of hope and unity written by Yusuf/Cat Stevens, performed here by Playing for Change. This version features Keb’ Mo’ playing in CA, along with Yusuf playing in Istanbul, Rhiannon Giddens in Ireland, along with musicians from 12 countries:

This song is more relevant than ever.

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Sunday Cartoon Blogging – October 24, 2021

Last Friday, Wrongo and Ms. Right got their Covid booster shots. It’s a sample of one, but at our local drugstore here in a very conservative part of Connecticut, there was a line to get shots. Some were there for their first vaccinations, but most were waiting for a booster. There’s never a line around here for anything, except when the lobster food truck rolls into town.

But sadly, this isn’t the story for the rest of the country, particularly for cops and heath care workers. Some are saying that the vaccine mandates do little. But health workers who don’t really believe in science are leaving the job. And cops who don’t really care about public safety are leaving policing. Sounds like mandates are working just fine. On to cartoons.

Mandates are nothing new:

Most Republicans want boosters:

Texas got two new districts. Then the GOP redrew urban districts so that incumbent minority congresspeople are now running against each other:

One of our two political parties thinks that elections shouldn’t be the basis for choosing our representatives. That means democracy doesn’t matter to them anymore. They say it’s because there’s too much voter fraud, and no one can trust the result of any election now, anywhere.

So, the Dems think the next step is to change the Senate rules, modifying the filibuster. That would pave the way to pass the Protect the Vote Act. But there’s real danger that when the Republicans inevitably regain the majority, they will change that law to whatever the next Trump-like Republican leader wants voting rights to be. Could it be that Republicans are blocking the bill, not just to deny voting rights to minorities, but to lure the Democrats into changing the filibuster?

The economic ship sails on, and 40 years later, there’s zero thought to changing the message:

Biden compromises on the social spending bill. Still, it’s not certain to pass:

If only there was a solution to our supply chain problems:

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We’d Better Build Back

The Daily Escape:

Sunset, Herring Cove, Provincetown MA – October 18, 2021, photo by Karen Riddett

“Men must either govern or be governed.”   ̶  Elihu Root, 1912 Nobel Peace Prize Winner

Wrongo has never cared for Biden’s “Build Back Better” slogan. He prefers “We’d Better Build Back.” The focus should be on what could happen if we remain on the track favored by Sens. Manchin and McConnell, along with McConnell’s Republican colleagues.

We’d better build back from the wreckage of the Trump presidency. We’d better build back from the wreckage caused by Congressional inaction for the past 20+ years.

Wrongo is currently reading “Wildland, The Making of America’s Fury” by Evan Osnos, journalist at the New Yorker. Osnos says in the Prologue, (pg. 13) that September 11, 2001, and January 6, 2021, were two cataclysmic events in American history, and that the intervening 20 years was: (emphasis by Wrongo)

“…a period in which Americans lost their vision for the common good, the capacity to see the union as larger than the sum of its parts. A century and a half after the Civil War, America was again a cloven nation. It’s stability was foundering on fundamental tensions over the balance between individual freedom and the protection of others, over the reckoning with injustice, and over a basic test of any political society: Whose life matters?”

Umair Haque makes the importance of building back clear in a way that only someone living abroad can:

“America has the rich world’s lowest quality of life, by a long way — after all, Americans will die 5–10 years younger than Spaniards or Germans, but even that understates the issue. It is uniquely a dismal life: nowhere else do we see opioid epidemics, kids massacring one another at schools, having “active shooter drills…”

Haque points out that the fundamentals of a decent life: A living wage, universal access to healthcare, affordable education and housing, and a secure retirement are no longer within reach for the average American.

That’s why we’d better build back.

Step one is to deal with the threats to democracy. We will soon know if the Democrats can actually rouse themselves from their Republican-lite slumbers to pass the Freedom to Vote Act to help get this done.

Step two is to pass the Build Back Better Act, Biden’s social spending bill. It’s now clear that the bill will need to shrink in order to pass. And like the House and Senate, America doesn’t agree on which of its big-ticket items are most important, but shrinkage is on the agenda.

The bill has remained popular in the polls. One thing that’s clear from public surveys: People want to pay for the bill by taxing the rich.

A Vox and Data for Progress poll, conducted between October 8-12, found that 71% of voters support raising taxes on the wealthiest 2% of Americans to pay for the bill. Eighty-six percent of Democrats and 50% of Republicans back that idea. Other tax provisions that could be included in the bill, like tax increases on corporations and capital gains, were supported by more than 65%. Increasing corporate taxes is Wrongo’s preferred policy approach to raising revenues.

Vitally important to the job of building a better country is the proposed new spending on health care, long-term care, childcare, and clean-energy jobs. These ideas are supported by 63% of voters in the poll.

The wisdom of the framers has given us an unrepresentative Senate. That unrepresentative Senate has given us the filibuster, which can be changed, but apparently not by our current Democratic Senators.

And despite its popularity, Biden’s social spending bill won’t be passed in its present form until Joe Manchin and Krysten Sinema get what they want removed from it. A real question is whether we have moderate Democrats or just mediocre Democrats who are willing to kill democracy as we know it for some phony principle.

But you can bet it’s not just Manchin and Sinema. There are at least 8-10 other Democratic Senators with substantial bases of wealthy contributors who feel the same pressures and are perfectly happy to have the whole package scaled down, delayed, and possibly killed.

This brings us to step three. Elect better Senators, but how? We were taught in school that in a democratic republic, you get the politicians that the voters (or at least those people who are allowed to vote) want.

This means we need better voters.

How do we get them? It’s hard to know how to do that, except you know, PASS THE FREEDOM TO VOTE ACT!

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