Shutdown

So here we are. The federal government has been shut down.

The shutdown was not the result of a failure to reach a compromise between our two political parties. The shutdown was orchestrated entirely by the Tea Party, a minority wing of the Republican party. It was abetted by the remainder of the Republicans in Congress, who apparently do not have the fortitude to stand up to their extreme right flank.

Let’s be clear. A shutdown was the goal of the Tea Party from the very beginning. As I tweeted the other day:

“There is no debate over the shutdown. A majority of both houses would vote to end it today…if the House were allowed to vote on it……the ONLY issue is Tea-Party representatives wanting to use a shutdown as a means to extort a defunding of Obamacare.”

“When your opponents pass a bill and the bill withstands four years of repeated congressional and legal challenges…including the Supreme Court…what do you do? Admit that it’s time to move on? Not if you’re a Republican. Nope, you blackmail to shut down the government unless you get your way.”

Actually, it may be even worse than that. While Tea Partiers would have welcomed a Democratic concession to dismantle Obamacare, I believe most of them in Congress (although perhaps not their supporters at home) understood that this would never happen prior to a shutdown. Obama and the Democrats would never agree to such blatant extortion. So, instead, the Tea Party aimed to carry out a shutdown as the most likely way to achieve their goals. The potential destructive effects to the country would be acceptable collateral damage.

The idea that the Republicans and Democrats are playing some game of chicken, that both sides are equally to blame would be laughable if it were not repeated so often in the media. As @WillMcAvoyACN said on Twitter:

“Why is the debt ceiling a negotiating point? Why is paying our bills something Republicans think we should compromise for?”

I provided my own analogy to make the same point:

“If Democrats threatened to shut down the government unless all Republicans resigned from Congress…would the media criticize Republicans for an unwillingness to compromise? I mean…couldn’t Republicans at least consider a compromise where only half of them resign?”

Or, as Brian Tashman put it:

“…these notions of ‘compromise’ are based on the absurd premise that simply funding the government is itself a concession on the part of Republicans, and Democrats now should return the favor by agreeing to their objective of undermining the health care reform law.”

The totality of this is still hard for me to fathom. What is so terrible about offering the chance of health care to millions of uninsured Americans that makes it worth the risk of wrecking our economy, while breaking almost every accepted boundary of good governance, in an attempt to stop it? The word “crazy” keeps popping up.

The bigger question is: How did such a small minority wind up with the power to do this in the first place? How did our democracy get so derailed?

The answer can be found in a confluence of several shifts in our political landscape, shifts that have been building for decades:

• The increased willingness of some in Congress to use any routine function of government, from passing budgets to raising the debt ceiling to continuing funding, as a means to extort political gain. The result is a never-ending crisis, where the rest of what Congress should be doing is left to languish.

• The increased use of the veto in the Senate, especially by Republicans, to the point where majority rule no longer exists.

• The continuing polarization of political parties to the point where the most leftist Republicans are still to the right of the most right-leaning Democrats.

• The ability of corporations and rich individuals to spend unlimited amounts of money on elections, thanks to the Supreme Court.

• The increased gerrymandering of voting districts to an extreme that leaves most congressmen in “safe” districts where winning their primary guarantees their election to office.

• The rise of right-wing talk radio, Fox News and other extremist media (on both sides) that wall people off from ever hearing opinions that differ from their entrenched biases. Rather, it serves to confirm and inflame their biases.

• The increased acceptance of “truthiness” in news and in political ads, where fiction is claimed as fact and is left unchallenged.

• The increased cowardice of the general media, to the point where every political debate gets reported as “he said, she said” with equal blame assigned to both sides even when no such equality exists.

And more. The end result is a serious threat to the foundations of our democracy. I know this sounds alarmist. It seems every day someone claims that something is destroying our country. It makes such claims easy to dismiss as “the sky is falling” hyperbole. I can only hope this turns out to be true here. But I fear not.

Don’t believe me? I’ll conclude with excerpts from what several others (with more credentials and authority than myself) have written on this subject in the past few days:

The Shutdown and “He Said-She Said” Reporting by Joshua Holland

“This showdown is by far the most dangerous of a series of fiscal ‘crises’ that have been contrived during the Obama presidency.

Beltway reporters who see their professed neutrality as a higher ground bear an enormous amount of responsibility for encouraging this perversion of democratic governance. With a few notable exceptions, the media have framed what Jonathan Chait called ‘a kind of quasi-impeachment’ in typical he said-she said fashion, obscuring the fact that the basic norms that govern Congress have been thrown out the window by a small cabal of tea party-endorsed legislators from overwhelmingly Republican districts. The media treat unprecedented legislative extortion as typical partisan negotiations, and in doing so they normalize it.

But it’s not normal. Republicans are demanding that Democrats unwind their signature achievement – a piece of legislation that took 18 months to pass, survived a Supreme Court challenge and a presidential election – in exchange for a stopgap budget resolution. On Saturday, they tacked on a provision that would limit access to contraceptives.

The second reason the standard-issue Beltway framing is wrong is it doesn’t capture the nature of the so-called ‘negotiation.’ A negotiation is between two parties that want different things and come to some compromise. Nobody should want a shutdown or a default and passing budgets and paying the federal government’s debts aren’t Democratic priorities. Rather, what we are seeing now is a ‘negotiation’ in which Republicans are demanding a lot and offering absolutely nothing in return.”

Our Democracy Is at Stake by Thomas Friedman

This time is different. What is at stake in this government shutdown forced by a radical Tea Party minority is nothing less than the principle upon which our democracy is based: majority rule. President Obama must not give in to this hostage taking — not just because Obamacare is at stake, but because the future of how we govern ourselves is at stake.

What we’re seeing here is how three structural changes that have been building in American politics have now, together, reached a tipping point — creating a world in which a small minority in Congress can not only hold up their own party but the whole government. And this is the really scary part: The lawmakers doing this can do so with high confidence that they personally will not be politically punished, and may, in fact, be rewarded.

 The Reign of Morons Is Here by Charles Pierce

“There has never been in a single Congress — or, more precisely, in a single House of the Congress — a more lethal combination of political ambition, political stupidity, and political vainglory than exists in this one, which has arranged to shut down the federal government because it disapproves of a law passed by a previous Congress, signed by the president, and upheld by the Supreme Court, a law that does nothing more than extend the possibility of health insurance to the millions of Americans who do not presently have it, a law based on a proposal from a conservative think-tank and taken out on the test track in Massachusetts by a Republican governor who also happens to have been the party’s 2012 nominee for president of the United States. That is why the government of the United States is, in large measure, closed this morning.

We did this. We looked at our great legacy of self-government and we handed ourselves over to the reign of morons. This is what they came to Washington to do — to break the government of the United States.

What is there to be done? The first and most important thing is to recognize how we came to this pass. Both sides did not do this. Both sides are not to blame. There is no compromise to be had here that will leave the current structure of the government intact. There can be no reward for this behavior. I am less sanguine than are many people that this whole thing will redound to the credit of the Democratic party. For that to happen, the country would have to make a nuanced judgment over who is to blame that, I believe, will be discouraged by the courtier press of the Beltway and that, in any case, the country has not shown itself capable of making. For that to happen, the Democratic party would have to be demonstrably ruthless enough to risk its own political standing to make the point, which the Democratic party never has shown itself capable of doing. With the vandals tucked away in safe, gerrymandered districts, and their control over state governments probably unshaken by events in Washington, there will be no great wave election that sweeps them out of power. I do not see profound political consequences for enough of them to change the character of a Congress gone delusional. The only real consequences will be felt by the millions of people affected by what this Congress has forced upon the nation, which was the whole point all along.”

Moving the political spectrum

The most important lesson I’ve learned in politics is not a complicated or profound idea. It’s pretty simple actually. But it has helped immensely in my understanding of how things work politically speaking. It’s been especially useful when I have had to come to terms with why my (usually left-leaning) ideas, despite being so obviously wonderful (at least to me), too often do not succeed when put to a vote of the electorate.

The lesson is this:

Positions near the extreme ends of the political scale, right or left, almost never get adopted by the electorate as a whole. It doesn’t matter whether an idea is the most incredible one to come along since humans discovered fire. It’s doesn’t matter by what objective criteria one can prove that the idea is superior to any conceivable alternative. It’s not going to be implemented as long as the position remains seated at the far edge of the political spectrum. Why? Because, almost by definition, positions near the extremes have the support of only a small minority of voters.

In many cases, this restraint is a good thing. It acts as a protection against passage of laws that go off the rails by moving too far in one direction or alternating laws that wildly swing back and forth like an out-of-control pendulum.

But what about those times when an extreme idea is actually a great idea? Is there really no chance for such ideas to be implemented?

We needn’t be that pessimistic or cynical. There is a way for such ideas to succeed.

To obtain success, rather than push for your idea in the short run, you need to go for a long run shift of the political spectrum towards your desired direction — so that your “extreme” idea is no longer at the fringes.

Superficially, this approach may not sound all that different from what I just declared as impossible. However, the two approaches are very different. And this gets us to the core of the “lesson.”

Think of it this way: Suppose you could assign a number to all political ideas, using a scale of 1-100, with 1 being most left and 100 being most right. Let’s further assume that the range of ideas up for debate at any point in time represents only a portion of the total scale. After eliminating any “lunatic fringe” notions, let’s say the current spectrum spans from 35 to 65.

Now let’s say your extreme proposal ranks at 38 on the scale. For people in the middle or to the right of the middle (50 or above), your idea represents a shift of 12 points or more. This requires too big a leap for center and right people to make in one election cycle, no matter how compelling your idea or how persuasive your arguments. As you’ll need support from at least some of these people for your idea to win an election, you have no hope of getting your idea into law. At least not today.

So let’s try something else. Let’s work over the long term of several election cycles to move the whole political spectrum in your direction, step by tiny step. With a combination of skill, luck and shifting demographics, let’s say you manage to move the spectrum 10 points in a dozen years. In this hypothetical example, this would mean that the spectrum now spans 25 to 55. Suddenly, your “38” idea isn’t so extreme any more. In fact, it’s only only two points away from dead center. Put it up for a vote now, and you have a good shot at winning.

This is precisely what conservatives have been working to achieve ever since Barry Goldwater lost his bid for the presidency back in 1964. And it’s what’s they have largely succeeded in doing ever since Ronald Reagan was elected president. Most political analysts would agree that that today’s political spectrum is “center-right” and far more right-leaning than it was back in the 1960’s.

This is partially why “liberal” has become almost a derogatory word, with few if any Democrats wishing to describe themselves with the term. In contrast, as evidenced by the most recent presidential primaries, Republicans eagerly scramble to see who can grab the crown of being hailed as the most “conservative.” When it comes to legislation, Democrats remain largely on the defensive, trying to hang on to the status quo, while Republicans keep pushing for more and more conservative legislation — often with great success.

But this pendulum swing to the right may be coming to end. It’s still too early to say for certain, but signs are sure pointing in this direction.

This is a year when Colorado and Washington passed laws legalizing recreational user of marijuana. It’s a year when Maine and Maryland joined an increasing number of states that have legalized same-sex marriages.

Tammy Baldwin, an openly gay woman, defeated former Gov. Tommy Thompson to become the next Senator from Wisconsin. A clearly left-wing Elizabeth Warren defeated Scott Brown in Massachusetts. In other key Senate races, Claire McCaskill and Joe Donnelly defeated Todd Akin and Richard Mourdock respectively, defeats for those that believe in “legitimate rape” that is “God’s will.” More seriously, it was a defeat for those Republicans who mistakenly believed that women (or men for that matter) didn’t care about such issues.

This election almost certainly signaled the end of a strong push for more restrictive immigration laws, as even the most conservative of Republicans come to terms with how their anti-minority positions are hurting them at the polls.

And, of course, Obama won re-election in an electoral college landslide, taking seven of the eight swing states. And he did so on a platform that strongly asserted an intention to raise taxes.

Here in California, Democrats have a super-majority in both legislative houses for the first time in decades. And Proposition 30, a critical proposal to raise taxes, passed.

Perhaps most significantly, in regards to the point I’m making about shifting the spectrum, “Obamacare” will now be the law of the land. The dangers of a Supreme Court overturn or a Romney repeal are gone. Obamacare is still a far cry from the “universal health care” that those on the extreme left would prefer. But take heart lefties. The spectrum has shifted. Not too long ago, Obamacare was considered so extreme as to have no chance of becoming law. And yet here we are. I predict that, in another few years, Obamacare will be viewed as the “middle” position in the debate — making universal health care seem far less extreme than it is today. This doesn’t guarantee its passage — not by a long shot. But it moves universal health care from impossible to doable.

And that’s how formerly extreme ideas become law. You don’t get the country to support an extreme position. You get the position to no longer be considered extreme.

A few years ago, who would have thought that a gay couple could get legally married in this country, serve marijuana instead of wine at the reception, and not worry about getting arrested? Times change.

Heck, not too long ago, who would have thought an African-American could get elected President?

After the Supreme Court ruling on health care…

Here’s a collection of thoughts that have been running through my head these past couple of days, ever since the historic Supreme Court ruling that upheld the Affordable Healthcare Act.

Obamacare and baseball. The Republicans are like a baseball team that, having lost 3-0 in a nine-inning game, refuse to get off the field. Instead of shaking hands with their opponents and starting to prepare for the next game, the Republicans demand to play extra innings until they wind up with the lead and the win.

Baseball doesn’t work that way. And neither does America. In the battle over Obamacare (as even the Democrats now call it), the Republicans lost in the House, lost in the Senate, and lost in the Supreme Court. It’s time to move on. Perhaps, if Romney wins the presidency, there will be a chance for a rematch. But let’s cross that bridge if and when we come to it. In the meantime, there are more important things to worry about than games that have already been decided.

Justice Roberts and conscience. I never thought I’d be saying this today, but I have new-found respect for Chief Justice Roberts. No matter how he votes on cases in the future, and I am certain I will often disagree with his votes, I will feel much more confident that his decisions are based on conscience rather than partisanship. That’s all I can ask. My change of heart is not primarily derived from his critical vote, a vote that created the 5-4 majority in favor of upholding the Affordable Healthcare Act. That helped. But that’s not all. More significant were the words in his written opinion:

“It is not our job to protect the people from the consequences of their political choices…We (the Supreme Court) do not consider whether the act embodies sound policies. That judgment is entrusted to the nation’s elected leaders.”

In other words, a justice’s vote should not derive from whether they believe a law is good or agrees with their political viewpoint, only whether it is constitutional. I agree 100%. If only all the other eight justices followed that principle.

How can you tell what’s inside the head of a Justice? One way is to try out hypothetical tests. Here’s one: If Romney were president back in 2008 and he had passed a version of Romneycare with the support of a Republican Congress (basing his support on the law’s success in Massachusetts and the fact that it was originally a Republican idea), and the Democrats had challenged it, and the law arrived at the Supreme Court, do you think the justices would have voted the same way as they did this week? If you answer no for any justice, then that justice is voting out of partisanship not conscience or law.

And my number one candidate for an obviously partisan judge is Antonin Scalia. Check out these two recent articles: “Antonin Scalia, ranting old man” and “Time for Scalia to seek his true vocation – politician.” They say it better than I ever could.

The minority. It is still hard for me to see how the minority of the Court on this decision would have not only struck down the individual mandate provision, but the entire law. Even if you think the other parts would not be viable without the mandate, that’s for Congress to determine. As long as the provisions are constitutional, they should remain. And they were.

Speaking of minority opinions, I still have trouble wrapping myself around the notion that having half the Court disagree with a decision is irrelevant. A 5-4 decision means the same as a 9-0 decision. But that’s the way our country works. I accept it.

Popularity. People keep citing the low popularity of Obamacare among the American public. It’s true. It’s also true that people very much like many of the provisions of the law. If the Democrats can ever manage to aggressively explain and defend the law (something they have shown no inclination to do up till now), I believe many minds could be changed. Also, as more of the provisions go into effect, and people see it working well, minds will be changed.

I believe that, for many Republicans, the rush to overturn Obamacare stems not from their belief that it is a bad law but from fear that it will ultimately turn out to be a good law, one that wins popular support. This would mean a huge political loss for the right.

The extremes. I continue to be surprised by the level of vitriol in this country right now. It’s one thing to believe that Obamacare is bad law. That’s a legitimate debate. I happen to believe the law is a move in the right direction, even though it is far from perfect. But I understand others disagree. Heck, there are people on both the left and the right that believe it is a bad law, but for very different reasons. Regardless, the survival of this law does not mean the end of this country, or freedom, or the world. Some of the comments I see posted on the web are simply beyond belief. Here are two examples:

A reader commenting on the Supreme Court decision wrote: “The fire in the belly of the right had better be ignited immediately or the country will fall totally into Marxism and become a flaming dictatorship.”

Give me a break.

And a Michigan attorney who has held positions in the state Republican Party wrote: “If government can mandate that I pay for something I don’t want, then what is beyond its power? …Has the Republic all but ceased to exist? If so, then is armed rebellion today justified? God willing, this oppression will be lifted and America free again before the first shot is fired.”

O…M…G!

Krugman. As if often the case, I agree with Paul Krugman. I’ll let him have the last word on this week’s ruling:

“In short, unless you belong to that tiny class of wealthy Americans who are insulated and isolated from the realities of most people’s lives, the winners from that Supreme Court decision are your friends, your relatives, the people you work with — and, very likely, you. For almost all of us stand to benefit from making America a kinder and more decent society.”

Let the Conservatives Win

“…since 2010 we’ve been witnessing a quiet, slow-motion coup d’etat whose purpose is to repeal every bit of progressive legislation since the New Deal and entrench the privileged positions of the wealthy and powerful – who haven’t been as wealthy or as powerful since the Gilded Age of the late 19th century.” How? “The plan is to inundate America with a few big lies, told over and over: The debt is Obama’s fault, and it’s out of control; corporations and the very rich are the ‘job creators’ that must get tax cuts to generate more jobs; government spending is wasteful unless it’s on the military; regulations are strangling the private sector; unionized workers are being paid too much; and so on…” Robert Reich

C-3PO: “I see your point, sir. I suggest a new strategy, R2. Let the Wookee win.”

If you find yourself anywhere on the left side of the political spectrum, you’re probably dismayed by the continuing rightward tilt of this country. Surprisingly, according to surveys, the United States is the most politically conservative, strongly religious, gun-toting country in the Western world. And preventing further rightward erosion seems to be more and more of an uphill battle with each passing week. We have a Democratic President and the Democrats are in control of the Senate; yet it seems like the Republicans are running the country.

What is one to do in such circumstances? Fight harder? Perhaps. Or maybe…just maybe…we could try a new strategy. Let the conservatives win. Allow conservatives free rein to do what they want…without no restraints or opposition. If the left has been wrong all this time, the country will wind up a better place. If not, things may get so ugly that the middle of the country, the part that is not strongly committed to either side, will at last wake up and realize what is at stake.

Yes, it’s a risky strategy. And probably a misguided one. We had eight years of George W. Bush and there was no collective waking up. Thanks largely to Wall Street run amok, we had the financial meltdown of 2008; yet the drive for smaller government and less regulation has only gotten stronger. These are not promising precedents. And even if the the strategy ultimately succeeds, it may be too late to undo the damage.

Yes, it’s a risky strategy. But I’m getting desperate. I’m not sure what else there is left to try. Still, let’s be a bit cautious before actually going “all in.” Let’s begin with a “thought experiment.” Let’s imagine the conservatives have already won. What would our legal, social, and political landscape look like?

Sex

In this new national landscape, if a women is seeking an abortion, she can forget it. There will be absolutely no abortions, not even in the case of rape, incest or to protect her life.

And, in case you were hoping to avoid the need for abortions by allowing ready access to birth control, you can pretty much forget that as well. The sale of birth control pills will be strictly prohibited. In addition, there will be no way to get health insurance to pay for any sort of birth control.

If you’re gay, don’t expect to be getting married — ever. Marriage among same sex couples will be outlawed — thanks to a constitutional amendment.

Schools and Science

The teaching of evolution in biology classes in K-12 schools will be banned. Instead, in both public and private schools, students will be required to learn about intelligent design and creationism. This will be the case, despite repeated court rulings declaring that such practice amounts to the teaching of religion. The reach of creationism will spread beyond the schools; expect to see Museums of Natural History dioramas showing humans side-by-side with dinosaurs.

More generally, regarding education, parents will be given vouchers to spend on whatever school they wish, public or private. Tax support for public schools will be largely eliminated. The result will be that private schools flourish while public schools vanish from the landscape. With virtually no government oversight of the quality of private schools, don’t expect the average competence of our graduates to increase.

With public schools in decline, teachers unions will be greatly weakened. Whatever small amount of power they retain will be gutted by laws that ban any collective bargaining and eliminate any sort of job security.

At the university level, schools will have to demonstrate that their faculty do not have a “liberal bias.” If any such bias is detected, they will be required to hire conservative professors until a balance is achieved.

Human-caused global warming will be officially declared a myth. All efforts to create a greener environment will be scrapped. It will be the end of solar power initiatives and of the push for more fuel efficient cars.

As for obtaining oil, the mantra of the day will be “Drill, baby, drill.”

Unions

The situation with teachers unions is just the beginning. Eventually, all unions will be entirely dismantled. The only place left where people will be able to learn about unions will be in history books, assuming that the topic is not banned from them.

Immigration

With a nationwide expansion of Alabama’s “self-deportation” law, undocumented immigrants will be forced out of the country. For good measure, there will be no form of “amnesty” for any immigrants, no matter how long they have been in this country or what their standing in the community might be.

Racial profiling by police will be condoned. If anyone seems suspicious, even if it’s just due to their ethnic appearance, it will be okay to stop their cars and check them out.

Gun control

“Shoot first and ask questions later” will be the accepted norm for all citizens. From those on a neighborhood watch to those in a local pub, but there will be no limit to one’s “right to bear arms.” Gun control laws will be gutted to the point that assault rifles and grenade launchers will be available at Walmart. With a legal right to carry a concealed weapon anywhere, incidents of gun violence will go up — even beyond their already too-high levels. At the same time, due to laws protecting those who can make even a half-baked claim of self-defense, arrests and convictions will decline.

Health care

Regardless of what the Supreme Court may rule later this month, any remnant of “Obamacare” will be gone. We’ll return to the prior insurance-company-controlled system. As a result, health care costs will continue to spiral out-of-control. People will lose coverage when they get laid off from a job and will be unable to get coverage at all if they have a “pre-existing condition.” Somehow, this will be explained as fairer and more financially sane than any sort of universal health care.

Taxes and financial regulations

The wealth of richest 1% of the country will continue its upward spiral while the incomes and net worths of the rest of the country continues its decline. We will accelerate the deregulation of banks, corporations and any other institutions with sufficient money to successfully lobby Congress — allowing them to take completely unsound risks without almost no fear of any consequences if they lose.

Political contributions from corporations and their wealthy top executives will continue to buy election outcomes because, thanks to the Supreme Court’s Citizens United ruling and the resulting Super-PACs, these entities will be able to outspend the collective contributions of the entire rest of the country.

We will continue to cut taxes to the point that almost no local government services can be adequately supported. We will witness the decline of police departments, fire departments, social services, public transportation and other public institutions. At the national level, programs like Social Security will be privatized.

Government

The ability of the minority party to obstruct any legislation from passing will continue — at least when the Republicans are in the minority. The filibuster and similar measures will ensure that Congress remains dysfunctional.

The Supreme Court will continue its own deterioration from a neutral protector of Constitutional law into a partisan conservative institution.

Bottom Line

If you are cheering at the prospect of all of these developments, then you are hoping for a country very different from the one I would like to see. If, on the other hand, you are dismayed that this could be the future of the U.S., then you have a choice. Do nothing and let this thought experiment become reality — as it is already well on its way to doing. Or decide that “let the conservatives win” may not be the best strategy after all — and stand up and try to do something to prevent it.