“The Voters Should Choose Their Representatives”: The Supreme Court’s Election Reform Ruling Is A ‘Big F-ing Deal’
This, in the words of Joe Biden, is a big fucking deal.
The Supreme Court’s vote on marriage equality and its refusal to gut health-care reform justly got the banner headlines over the last few days. But a less-publicized case on Arizona’s independent redistricting commission had those of us fighting for election reform holding our breath in the march toward the last day of decisions.
At stake was nothing less than the ability to fight back against the forces of polarization, paralysis, and hyper-partisanship in our politics. Out of 435 House seats, only 35 are considered competitive, and the rigged system of redistricting is to blame. It’s a process of collusion between the two parties that takes place every 10 years in state legislatures and draws the congressional district lines—a subversion of democracy where politicians pick their people rather than people picking their politicians.
The result is a screwed up incentive system where members of Congress are virtually guaranteed re-election as long as they don’t lose a low turnout partisan primary, which means they live in fear of offending the base rather than reaching across the aisle to solve problems.
Increasingly, the remedy for this corrupt status quo has been voters bypassing the state legislators with ballot referendums that create independent redistricting commissions. California has done it to great effect, dislodging 14 incumbents who decided to retire after the independent commission promised to make their re-elections less than rubber-stamped.
And that’s what Arizonans did in advance of the 2010 districting, which upset then-Governor Jan Brewer. First she tried to remove the independent commission’s chairwoman, Colleen Mathis, in a power grab that was overruled. Then Brewer decided to take the commission to court, arguing that the panel—composed of two Republicans, two Democrats, and one independent—tried to “elevate ‘competitiveness’ over other goals.” Seriously.
“This isn’t anything more than Republicans trying to hold on to a majority in a state where they constitute less than a third of the voters,” explained former Phoenix mayor Paul Johnson at the time. But still the baseless, desperate, cynical case wound its way to the Supreme Court.
If the court decided that the voters’ attempt to impose a nonpartisan redistricting commission over the self-dealing of the Arizona state legislators was unconstitutional, the best mechanism citizens have to restore fairness to congressional mechanisms would have been removed.
As Stanford law professor Nate Persily, the author of the new book Solutions to Political Polarization in America, explained: “Not only would many redistricting commissions, such as Arizona and California’s, have been thrown out, but any state regulation of congressional elections that was passed by initiative would have been legally vulnerable. This would have cast doubt, for instance, on California’s nonpartisan primary, Arizona’s voter ID law, and any number of other laws regulating voter registration, campaign financing, and ballot technology.”
It could have meant open season on election reforms of all kinds. But happily, by a narrow 5-4 vote, with Justice Anthony Kennedy serving in his role as the swing vote—possibly aided here by his roots in California, which has seen evidence of success in election reform—the Supreme Court decided to back the integrity of Arizona’s independent redistricting commission.
As Justice Ruth Bader Ginsburg wrote in her majority decision (PDF): “We see no constitutional barrier to a State’s empowerment of its people.” She continued by pointing out that “‘[P]artisan gerrymanders,’ this Court has recognized, ‘[are incompatible] with democratic principles’” and attested to the fact that reforms like independent redistricting commissions have resulted in “districts both more competitive and more likely to survive legal challenge.” Quoting founding fathers from Madison to Hamilton, the decision concluded that Arizona voters sought to restore “the core principle of republican government,” namely, “that the voters should choose their representatives, not the other way around.”
The decision is a big win for election reform and a defeat for those professional partisan forces that want to keep the rigged system of redistricting in place. Now the prospect for future nonpartisan election reforms remains open and inviting to more citizens who understand that when you change the rules, you change the game.
By: John Avlon, The Daily Beast, June 30, 2015
“The Language And Words”: Magna Carta Said No Man Is Above The Law, But What About Corporations?
Magna Carta reminds us that no man is above the law.
And it should be celebrated for that.
But it should not be imagined that Magna Carta established democracy, or anything akin to it.
The great British parliamentarian Tony Benn put it well several years ago when he noted, as this 800th anniversary of Magna Carta approached, that we still do not have democracy.
“Don’t look at historic documents but treat them as part of the language and words that help us understand what we have to do,” said Benn, who died in 2014 at age 88.
As queens and presidents celebrate today’s anniversary of Magna Carta, with all their pomp and circumstance, we the people should be focused on what we have to do.
If we respect the notion that the rule of law must apply to all—the most generous interpretation of the premises handed down across the centuries from those who on June 15, 1215, forced “the Great Charter of the Liberties” upon King John of England at Runnymede—then surely it must apply to corporations.
And, surely, the best celebration of those premises in the United States must be the extension of the movement to amend the US Constitution to declare that corporations are not people, money is not speech, and citizens and their elected representatives have the authority to organize elections—and systems of governance—where our votes matter more than their dollars.
Millions of Americans have already engaged with the movement to amend the Constitution to overturn not just the Supreme Court’s noxious 2010 decision in the case of Citizens United v. FEC but a host of other decisions that have permitted billionaires and corporate CEOs to define our politics and policies. Sixteen states have formally urged Congress to move an amendment, as have more than 600 communities. Democratic and Republican members of Congress are supportive. One presidential candidate, Vermont Senator Bernie Sanders, has penned an amendment proposal, while others, including Democratic frontrunner Hillary Clinton, say they are open to the prospect.
But this movement, like every movement to amend the Constitution in a way that upsets the status quo, still faces plenty of obstacles. Politicians and media outlets that benefit from a system defined by blank checks and millions of negative ads continue to resist the logic of this reform—and the prospect of robust democracy.
Polls show that the American people know that billionaires and corporations are too influential, and referendum results confirm that the people are ready to amend the constitution to reduce that influence. But to translate those sentiments into real change will require more campaigning by the groups that have moved this project forward, including Move to Amend, Free Speech for People, Common Cause, Public Citizen, People for the American Way and dozens of others.
It will also require citizens themselves to begin to confront elected officials with blunt questions that go to the heart of democracy—and to the heart of the question of whether the rule of law really does apply to all men, all women and all corporations.
Tony Benn, the great chronicler and champion of the long struggle for liberty in Britain and around the world, best outlined the challenge that must be made to those who control our politics and our economics—and who are so inclined to resist change.
Decades ago, Benn outlined “Five Questions for People of Power.”
They are:
“What power have you got?
“Where did you get it from?
“In whose interests do you use it?
“To whom are you accountable?
“How do we get rid of you?”
“Anyone who cannot answer the last of those questions,” said Benn, “does not live in a democratic system.”
For Americans, the answer to that last question is a movement to amend the Constitution so that we can begin to get rid of the overwhelming influence of billionaires and corporations over our politics, our governance, and our lives.
By: John Nichols, The Nation, June 15, 2015
“The Enemy Within”: The Koch Brothers, Where Money Equals Freedom And Government Equals Evil
I love a good fight between bad entities, which is why I’m enjoying the brawl that’s taking place between the Koch Brothers and the Republican Party. Too bad they can’t both lose.
The controversy over the effort by libertarian ideologues Charles and David Koch to, in essence, buy the Republican Party provides us an opportunity to once again point out the fundamental malevolence of libertarian ideology. Libertarianism is nothing more than a shameless effort to glorify selfishness, which is why the ideology has such a narrow appeal.
In the libertarian world, the only citizen who has any actual rights is the wealthiest citizen. That citizen can pollute for free, pay people slave wages, put unsafe products on the shelves, and ignore common-sense work safety standards. Local, state and federal governments would, in essence, stand down as the tycoon abuses the population for profit.
This is the sick, dark vision of people like Charles and David Koch–a vision in which money equals freedom and government equals evil. It’s a vision in which being poor and sick means being dead and buried. It’s a vision in which severe economic inequality is considered the natural and logical order, the way things ought to be. It’s an amoral, abhorrent vision.
It was the vision that guided David Koch’s 1980 vice-presidential bid, as Vermont Senator and Democratic Presidential candidate Bernie Sanders noted in April 2014:
In 1980, David Koch ran as the Libertarian Party’s vice-presidential candidate in 1980.
Let’s take a look at the 1980 Libertarian Party platform.
Here are just a few excerpts of the Libertarian Party platform that David Koch ran on in 1980:
“We urge the repeal of federal campaign finance laws, and the immediate abolition of the despotic Federal Election Commission.”
“We favor the abolition of Medicare and Medicaid programs.”
“We oppose any compulsory insurance or tax-supported plan to provide health services, including those which finance abortion services.”
“We also favor the deregulation of the medical insurance industry.”
“We favor the repeal of the fraudulent, virtually bankrupt, and increasingly oppressive Social Security system. Pending that repeal, participation in Social Security should be made voluntary.”
“We propose the abolition of the governmental Postal Service. The present system, in addition to being inefficient, encourages governmental surveillance of private correspondence. Pending abolition, we call for an end to the monopoly system and for allowing free competition in all aspects of postal service.”
“We oppose all personal and corporate income taxation, including capital gains taxes.”
“We support the eventual repeal of all taxation.”
“As an interim measure, all criminal and civil sanctions against tax evasion should be terminated immediately.”
“We support repeal of all laws which impede the ability of any person to find employment, such as minimum wage laws.”
“We advocate the complete separation of education and State. Government schools lead to the indoctrination of children and interfere with the free choice of individuals. Government ownership, operation, regulation, and subsidy of schools and colleges should be ended.”
“We condemn compulsory education laws … and we call for the immediate repeal of such laws.”
“We support the repeal of all taxes on the income or property of private schools, whether profit or non-profit.”
“We support the abolition of the Environmental Protection Agency.”
“We support abolition of the Department of Energy.”
“We call for the dissolution of all government agencies concerned with transportation, including the Department of Transportation.”
“We demand the return of America’s railroad system to private ownership. We call for the privatization of the public roads and national highway system.”
“We specifically oppose laws requiring an individual to buy or use so-called ‘self-protection’ equipment such as safety belts, air bags, or crash helmets.”
“We advocate the abolition of the Federal Aviation Administration.”
“We advocate the abolition of the Food and Drug Administration.”
“We support an end to all subsidies for child-bearing built into our present laws, including all welfare plans and the provision of tax-supported services for children.”
“We oppose all government welfare, relief projects, and ‘aid to the poor’ programs. All these government programs are privacy-invading, paternalistic, demeaning, and inefficient. The proper source of help for such persons is the voluntary efforts of private groups and individuals.”
“We call for the privatization of the inland waterways, and of the distribution system that brings water to industry, agriculture and households.”
“We call for the repeal of the Occupational Safety and Health Act.”
“We call for the abolition of the Consumer Product Safety Commission.”
“We support the repeal of all state usury laws.”
In other words, the agenda of the Koch brothers is not only to defund Obamacare. The agenda of the Koch brothers is to repeal every major piece of legislation that has been signed into law over the past 80 years that has protected the middle class, the elderly, the children, the sick, and the most vulnerable in this country.
Libertarian ideology is nothing less than an existential threat to America’s security, cohesion, safety and health. It seeks to undo the social bonds that tie us together. It wishes to turn rich against poor and powerful against weak. It recognizes no moral code except for that established by the self-serving billionaire.
All of us–progressives, centrists, moderates, even the handful of rational conservatives left–have a moral obligation to fight the cancer of libertarianism and keep it from growing within the body of our democracy; if we don’t fight it, our democracy will soon wind up in hospice care. We must condemn libertarianism as a radical ideology that’s every bit as pernicious as the radical ideologies of the past. We must educate our young people to understand that the end result of Ayn Rand is a social and economic wasteland. We must challenge libertarian ideologues and denounce them for their efforts to destroy the policies that have kept our nation strong since the New Deal. We must, in essence, declare war on libertarian ideology, for it is at war with America’s best values.
Since libertarianism is an assault on our country’s protections and principles, one cannot be both a libertarian and a patriot.
The Kochs have chosen sides.
Which side are you on?
By: D. R. Tucker, Political Animal Blog, The Washington Monthly, June 14, 2015
“A Political Party Of Their Own”: RNC Discovers A Problem With The Koch Brothers’ Operation
The more Charles and David Koch provided the resources for a massive political operation, the more it seemed as if the far-right billionaires were creating a political party of their own. The Kochs had an army of field organizers, blanketed the airwaves with political ads, and even had their own voter lists.
All of this, of course, raises important questions about the role of money in the political process, and just how much influence wealthy interests can wield in a democratic system. But as Yahoo News reports today, for the Republican National Committee, the Koch brothers’ power is raising very different kinds of questions.
The Yahoo News report notes, for example, that in the 2014 election cycle, the RNC and the Kochs’ operation struck a deal to share voter data, though the arrangement evaporated once the season came and went. Now, however, the two sides are sharply at odds, creating what one Republican operative described as “all-out war.”
Interviews with more than three dozen people, including top decision-makers in both camps, have revealed that the Kochs’ i360 platform for managing voter contacts – which is viewed by many as a superior, easier-to-use interface than what’s on offer from the RNC – is becoming increasingly popular among Republican campaigns.
The RNC is now openly arguing, however, that the Kochs’ political operation is trying to control the Republican Party’s master voter file, and to gain influence over – some even say control of – the GOP.
Katie Walsh, the RNC’s chief of staff, told Yahoo News, “I think it’s very dangerous and wrong to allow a group of very strong, well-financed individuals who have no accountability to anyone to have control over who gets access to the data when, why and how.”
I can appreciate why fights over data may seem like the ultimate in inside-baseball, but this is a fight worth paying close attention to.
Remember, for many modern campaigns, this data is the foundation for any successful endeavor. The more reliable and comprehensive the data, and the easier it is to use, the more effective the targeting, messaging, advertising, and grassroots organizing of any major campaign.
In this case, as one might expect, the Republican National Committee controls the Republican voter file, but the Kochs’ operation seems to have discovered that it really doesn’t need the Republican National Committee – the Kochs have their own platform to manage the data, and their own relationships with campaigns that want to make use of the data.
If that’s the case, some of you may be wondering why the Republican National Committee is needed at all – and you wouldn’t be the only one. From the Yahoo piece:
The core issue, from Priebus’ point of view, is one of loyalty and allegiance. The RNC is a permanent entity, committed to the Republican Party without question. The Koch network is too independent from the party to be trusted with possession of the GOP’s most valuable core assets. If the Kochs – whose political history is steeped more in libertarianism than it is in any loyalty to the Republican Party – decided next week to use their database to benefit only their massive multinational corporation, they could do so. […]
The Kochs’ political arm, Freedom Partners, which oversees i360, views the issue as one of capability. Koch aides – several of whom used to work at the RNC – want to win elections, and in their view the RNC has inherent challenges to helping the party win. Party committee fundraising is severely limited by federal election law, while building, maintaining and enriching a database is expensive.
The other angle to keep in mind is just how striking it is to see Republican officials discover their heretofore non-existent concerns about outside money and the political process. The RNC’s Katie Walsh didn’t even rely on anonymity – she straight up told Yahoo News, on the record, that she believes it’s “dangerous” to extend too much power to “well-financed individuals who have no accountability to anyone.”
Ya don’t say. We might want to think twice before turning over parts of the democratic process to unaccountable, wealthy players with their own agenda? I’ve heard similar concerns for many years, but I don’t recall them ever coming from RNC officials.
By: Steve Benen, The Maddow Blog, June 11, 2015
“An Insurgency By Any Other Name”: Republicans Only Believe In Democracy Insofar As It Achieves Their Desired Ends
In my very first post here at Political Animal, I described the possible threat from a Confederate insurgency. In his review of Charles Murray’s latest book, By the People: Rebuilding Liberty Without Permission, Ian Millhiser basically describes it as an insurgency by another name.
Before he gets to the book, Millhiser reminds us of a couple of things. First of all, he points to the fact that it was not that long ago that Majority Leader Mitch McConnell suggested that democracy wasn’t working.
At the height of 2011’s debt ceiling crisis, then-Senate Minority Leader Mitch McConnell (R-KY) offered a candid explanation of why his party was willing to threaten permanent harm to the U.S. economy unless Congress agreed to change our founding document. “The Constitution must be amended to keep the government in check,” McConnell alleged. “We’ve tried persuasion. We’ve tried negotiations. We’ve tried elections. Nothing has worked.”…
Few politicians are willing to admit what McConnell admitted when he confessed that elections have not “worked” to bring about the policy Republicans tried to impose on the nation in 2011. Elected officials, after all, only hold their jobs at the sufferance of the voters, and a politician who openly admits that they only believe in democracy insofar as it achieves their desired ends gives the middle finger to those voters and to the very process that allows those voters to have a say in how they are governed.
Secondly, he reminds us that, even though an entire industry has risen to debunk Murray, he is still revered by powerful Republicans.
Dr. Murray’s pre-Bell Curve work shaped the welfare reforms enacted in the 1990s. Former Republican vice presidential candidate Paul Ryan cited Murray in 2014 to claim that there is a culture of laziness “in our inner cities in particular.” Last April, when Jeb Bush was asked what he liked to read, he replied “I like Charles Murray books to be honest with you, which means I’m a total nerd I guess.”
So when Murray speaks, powerful and influential men (and his acolytes are, almost invariably, men) listen, including men who shape our nation’s fiscal policy and men who could be president someday.
Millhiser then does a thorough job of explaining what Murray proposes in this book. It’s important to note that it’s title “By the People” is the exact opposite of what he recommends. Basically what Murray wants to see is an ultra-rich benefactor who would be willing to pay for a legal defense fund that would subvert the work of the federal government.
To impose these limits on society, Murray claims that his Madison Fund can essentially harass the government into compliance. The federal government, Murray claims, cannot enforce the entirety of federal law “without voluntary public compliance.” Federal resources are limited, and only a small fraction of these limited resources have been directed towards enforcement. Thus, Murray argues, by simply refusing to comply with the law and contesting every enforcement action in court, regulated entities can effectively drain the government’s resources and prevent it from engaging in meaningful enforcement.
These are not merely the ravings of a lunatic right-winger. I was immediately reminded of the fact that Majority Leader Mitch McConnell has advised states to disregard the recent EPA rulings on coal plant emissions while various entities challenge them in court.
For a while now I have been suggesting that this form of Republicanism is best described as a beast in it’s final death throes. That beast is now a minority in this country and as it lashes out, one of the only remaining possibilities for survival is to subvert our democratic process.
I hope that by now you know that I am not one given to hyperbole and conspiracy theories. I don’t say all this to ramp up a fevered reaction. But it’s important to see what is happening here with clear eyes and name it for what it is…a call to insurgency.
By: Nancy LeTourneau, Political Animal Blog, The Washington Monthly, May 27, 2015
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