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    <title>Arguments</title>
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    <id>tag:www.democracyjournal.org,2011-01-25:/arguments//3</id>
    <updated>2013-05-17T15:28:10Z</updated>
    
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<entry>
    <title>The Strange Math of the Heritage Foundation&apos;s Immigration Report</title>
    <link rel="alternate" type="text/html" href="http://www.democracyjournal.org/arguments/2013/05/the-strange-math-of-the-heritage-foundations-immigration-report.php" />
    <id>tag:www.democracyjournal.org,2013:/arguments//3.1055</id>

    <published>2013-05-17T14:54:48Z</published>
    <updated>2013-05-17T15:28:10Z</updated>

    <summary>The report declares that, if immigration reform were to pass with a path to citizenship for the currently undocumented, &#8220;over a lifetime, the former unlawful immigrants together would receive $9.4 trillion in government benefits and services and pay $3.1 trillion in taxes,&#8221; sticking taxpayers with $6.3 trillion in supposed new costs. But the true cost is a fraction of what Heritage claims.</summary>
    <author>
        <name>Richard Alba</name>
        
    </author>
    
    <category term="immigration" label="immigration" scheme="http://www.sixapart.com/ns/types#tag" />
    
    <content type="html" xml:lang="en" xml:base="http://www.democracyjournal.org/arguments/">
        <![CDATA[<p><em>This article is cross-posted at the <a class="mainbodylink" href="http://www.scholarsstrategynetwork.org/">Scholars Strategy Network</a>, where it first appeared.</em></p>

<p><img alt="4508719966_e47330d81c_o.jpg" src="http://www.democracyjournal.org/arguments/4508719966_e47330d81c_o.jpg" width="240" height="180" class="mt-image-left" style="float: left; margin: 0 20px 20px 0;" />A recently issued Heritage Foundation report on the cost of legalizing currently undocumented immigrants in the United States has been widely discredited because one of its authors, Jason Richwine, has made outlandish racial assertions about the supposedly lower intelligence of Hispanic immigrants. Nevertheless, some commentators still believe the report&#8217;s fiscal projections. &#8220;You can&#8217;t wish away the facts about immigration amnesty,&#8221; <a class="mainbodylink" href="http://www.thedailybeast.com/articles/2013/05/13/you-still-can-t-wish-away-the-facts-on-immigration-amnesty.html">says</a> <em>Daily Beast</em> columnist David Frum, as he points to the Heritage claim that &#8220;the Senate immigration bill will cost taxpayers $6 trillion over the next 50 years.&#8221; However, a close look reveals that this cost projection rests on problematic calculations and morally repugnant assumptions. </p>]]>
        <![CDATA[<p><strong>Inflating the Costs of Legalization</strong><br></p>

<p>In its attention-grabbing executive summary, the Heritage report declares that, if immigration reform were to pass with a path to citizenship for the currently undocumented, &#8220;over a lifetime, the former unlawful immigrants together would receive $9.4 trillion in government benefits and services and pay $3.1 trillion in taxes,&#8221; sticking taxpayers with $6.3 trillion in supposed new costs. But this headline number does not account for the benefits undocumented immigrants would get anyway.</p> 

<p>&#149; The Heritage authors count the cost to taxpayers of educating the children of these immigrants, even though localities and states already pay those costs. Most of these children are U.S. citizens by birth, but even those who are undocumented are entitled by law to attend public schools. Giving their parents a path to citizenship will not add new educational costs.</p>

<p>&#149; Observing that, right now, most undocumented immigrants living in the United States are under age 50, the Heritage authors unrealistically assume that, without immigration reform, most of these people will return to their countries of origin before they reach the age of 55. But the current undocumented population has so few older men and women because most were legalized under reform legislation passed in the early 1990s. As younger undocumented people get older, it makes no sense to assume that they will leave their longtime homes in the United States. Yet this wildly unrealistic assumption allows the Heritage report to avoid counting the true lifetime costs of undocumented residents under current law. By ignoring those costs, the report attributes inflated &#8220;new&#8221; costs to legalization.</p>

<p><strong>Lowballing the Economic Benefits</strong><br></p>

<p>Undocumented immigrants struggle to live and work without full rights. If a path to legalization and citizenship is opened, many will escape the underground economy and be empowered to pursue new opportunities as employees and entrepreneurs. Very likely, the future economic prospects of most of the newly legalized would come to resemble those of current legal immigrants in the United States. They would pay additional taxes on higher earnings, generating trillions more in revenue for local, state, and federal governments. But for some reason, the Heritage authors maintain that taxes that newly legalized immigrants would pay would be much lower than those paid by today&#8217;s legal immigrants. They estimate $3.1 trillion in new taxes, rather than using a more realistic figure of just over $4 trillion. </p>

<p>This is ironic because the same Heritage authors take the cost of social benefits for legal immigrants as a benchmark for estimating the possible costs of future benefits for newly legalized immigrants. What is more, the Heritage authors pick a highly unusual year&#151;2010, in the midst of the recent sharp economic downturn&#151;to estimate both social-welfare costs for immigrants and the taxes they might pay. Social-welfare costs obviously go up, and taxes go down, in a depressed economy, especially for immigrants, who are often among the first to lose jobs in a downturn. Though the authors make ad hoc adjustments for the recession, their use of 2010 as a baseline for projecting the future undermines the credibility of the result.</p>

<p>In short, the Heritage authors have lowballed the new tax revenues newly legalized immigrants would pay&#151;and they have simultaneously pumped up the likely cost of public safety-net benefits legalized immigrants might eventually collect.</p>

<p><strong>A Morally Repugnant Projection</strong><br></p>

<p>Numerous studies show that many currently undocumented immigrants work on the books and therefore make regular payroll tax contributions to Social Security and Medicare. A large portion of the new &#8220;costs&#8221; the Heritage report attributes to legalization would occur because, once undocumented immigrants become legal residents or full citizens, they would eventually be able to collect the benefits to which their payroll contributions should entitle them. </p>

<p>The Heritage authors are correct to say that the U.S. Treasury would not have to pay these benefits to undocumented immigrants. But notice that their argument against legalization is based on the idea that it would be preferable for the Treasury to keep collecting payroll taxes without ever paying out any benefits. This may not be a realistic assumption about the future. In any event, it is a morally bankrupt idea that amounts to endorsing payroll tax theft.</p>

<p><strong>A Corrected Bottom Line</strong><br></p>

<p>Starting with the Heritage report&#8217;s claim of $6.3 trillion in supposed new costs from legalization, I made approximate corrections for the errors that can be readily quantified.</p>

<p>I subtract from the estimate of new costs the $1.62 trillion that would be incurred, regardless of legalization, to cover benefits for current undocumented residents. And on the assumption that, morally, it would be impossible to steal payroll contributions, I also subtract the $1.59 trillion cost of future retirement benefits for current undocumented workers. We should also reduce costs by an estimated $1.02 trillion in new tax revenues that newly legalized immigrants would contribute beyond what the report estimated. When all the adjustments are made, the new total estimated cost becomes $2.03 trillion&#151;far less than the original claim.</p>

<p>The cost of legalization would decline still further&#151;and maybe disappear&#151;were I able to correct for the use of the 2010 baseline to project future immigrant costs and tax contributions. For that correction, I cannot easily give a firm number. But, clearly, the true cost of legalizing America&#8217;s 11 million undocumented residents is a fraction of what Heritage claims.</p>

<p><em>Photo credit: <a class="mainbodylink" href="http://www.flickr.com/photos/jbrazito/4508719966/">Jbrazito</a></em></p>]]>
    </content>
</entry>

<entry>
    <title>A Business Like No Other</title>
    <link rel="alternate" type="text/html" href="http://www.democracyjournal.org/arguments/2013/03/a-business-like-no-other.php" />
    <id>tag:www.democracyjournal.org,2013:/arguments//3.1033</id>

    <published>2013-03-01T17:04:51Z</published>
    <updated>2013-03-04T14:03:45Z</updated>

    <summary>Congress should repeal a law and that prevents victims of gun violence from having their day in court. Today, gun companies are free to design and distribute unsafe weapons without concern for their destructive impact and without fear of being held accountable.</summary>
    <author>
        <name>Erwin Chemerinsky and Sam Kleiner</name>
        
    </author>
    
    <category term="guns" label="guns" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="legislation" label="legislation" scheme="http://www.sixapart.com/ns/types#tag" />
    
    <content type="html" xml:lang="en" xml:base="http://www.democracyjournal.org/arguments/">
        <![CDATA[<p>In 2005, Congress passed the Protection of Lawful Commerce in Arms Act, which prevents gun companies from being sued by the victims of gun violence. The National Rifle Association (NRA) got it right when they called it &#8220;the most significant piece of pro-gun legislation in twenty years.&#8221; No other industry enjoys such special treatment.</p>]]>
        <![CDATA[<p>The act dismissed all pending claims against gun manufacturers in both federal and state courts and preempted all future claims. The law could not state its purpose more clearly: &#8220;To prohibit causes of action against manufacturers, distributors, dealers, and importers of firearms or ammunition products, and their trade associations, for the harm caused solely by the criminal or unlawful misuse of firearm products or ammunition products by others when the product functioned as designed and intended.&#8221; There are narrow exceptions where liability is permitted, including actions against transferors of firearms who knew the firearm would be used in drug trafficking or a violent crime. Otherwise, gun companies are immune from liability.</p>

<p>Congress should repeal this law and allow victims of gun violence their day in court. Today, gun companies are free to design and distribute unsafe weapons without concern for their destructive impact and without fear of being held accountable.</p>

<p>Public safety requires robust product-liability laws. In 1972, 13-year-old Richard Grimshaw was riding in a Ford Pinto when the fuel tank exploded and burned him. After 70 surgeries, he sued Ford for the fuel tank&#8217;s flawed design, a defect the company was aware of. He was awarded $3 million in punitive damages. After the case, car companies were put on notice: Unsafe designs would hurt their bottom line.</p>

<p>Before the passage of the gun-industry protections, lawsuits like this one could hold gun companies responsible for product safety. In March 2000, Smith & Wesson, one of the nation&#8217;s largest gun manufacturers, voluntarily adopted a robust set of handgun safety controls as part of a settlement resolving a lawsuit brought by a coalition of mayors. Then, the NRA accused the company of being the first gun maker &#8220;to run up the white flag of surrender and duck behind the Clinton-Gore lines.&#8221; But since the 2005 immunity legislation, gun companies have no incentive to work with government to make their products safer. Today, Smith & Wesson has not only walked back on its pledge to the Clinton Administration but was actually inducted into the NRA&#8217;s &#8220;Golden Ring of Freedom&#8221; for donating over $1 million to the pro-gun lobby.</p>

<p>The 2005 act denies victims of gun violence the ability to sue companies for design defects, or even negligence, with regard to their products. Senator Larry Craig, the bill&#8217;s sponsor, promised that it &#8220;will not prevent a single victim from obtaining relief for wrongs done to them by anyone in the gun industry.&#8221; Except that&#8217;s exactly what the bill did. Veronique Pozner, whose six-year-old son was killed in the Newtown shootings, was frustrated to learn that the gun company was immune from a lawsuit despite its refusal to install a high-tech safety guard that would have prevented a non-owner from using their semi-automatic weapon. &#8220;If their wallets were threatened, they would have a greater interest in making firearms safer,&#8221; she noted.</p>

<p>As a mouthpiece for the gun industry, the NRA will fight tooth and nail to defend immunity for gun companies. Since 2005, the NRA has received between $20 and $50 million from gun companies. The NRA no longer represents the majority of gun owners; it&#8217;s tethered to supporting the financial interests of these large corporations.</p>

<p>Despite the uphill battle, some leaders are beginning to turn back the tide on the gun industry. Representative Adam Schiff has introduced the &#8220;Equal Access to Justice for Victims of Gun Violence Act,&#8221; which would repeal the 2005 law and allow gun violence victims to have their day in court. Sixteen members of Congress have joined with Schiff, but we&#8217;ll need far more in order to make this bill into a law.</p>

<p>As a first-year senator in 2005, Barack Obama couldn&#8217;t do anything more than vote against immunity for the gun industry. As President, he has the power to restore accountability for those who profit from violence on our nation&#8217;s streets. Our schools, places of worship, shopping malls, and homes will be safer in a society where gun companies are accountable for their products under the law.</p>
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</entry>

<entry>
    <title>City Services Are a Zero-Sum Game</title>
    <link rel="alternate" type="text/html" href="http://www.democracyjournal.org/arguments/2012/09/city-services-are-a-zero-sum-game.php" />
    <id>tag:www.democracyjournal.org,2012:/arguments//3.1004</id>

    <published>2012-09-12T16:52:02Z</published>
    <updated>2012-11-06T19:34:27Z</updated>

    <summary>The city of Chicago has no military to cut, no capital gains tax to increase. It&#8217;s mostly providing mundane but important government services&#8212;public safety, utilities, road maintenance&#8212;none of which are larded with fat to trim. That urban governments often have more progressive priorities makes finding targets for spending cuts or taxation much more difficult.</summary>
    <author>
        <name>Jack Meserve</name>
        
    </author>
    
    
    <content type="html" xml:lang="en" xml:base="http://www.democracyjournal.org/arguments/">
        <![CDATA[<p>Although the Chicago teachers strike appears to be mostly about issues other than salaries and benefits, the question of the appropriate pay for educators still courses through the debate. Some <a href="http://www.balloon-juice.com/2012/09/11/making-a-job-worse-is-a-brilliant-strategy-for-attracting-the-best-talent/">commentators</a> argue that teachers are already paid comparatively poorly, and that attempts to meet budget shortfalls through the reduction of expected raises and benefits reveal that elites and society at large place educators at the bottom of the professional totem pole. I&#8217;m not sure that they do. Looking at the taxes and expenditures of Chicago recently, it seems more likely that severely constrained city governments have to resort to layoffs and pay freezes because there is, unfortunately, nowhere else to go.</p>]]>
        <![CDATA[<p>The Chicago school system was faced with a budget deficit of around $700 million that, by law, has to be met. But they also are contractually obligated to pay the salaries and benefits of their employees. The overall situation in Chicago is similar, with a $635 million deficit and a 90 percent unionization rate of city employees. These deficits come from some stupid city decisions, but also rising health-care costs for personnel and the weakened economy hurting revenue streams&#8212;the same two factors hurting the country as a whole.</p>

<p>The gut reaction of most liberals, me included, is to argue that these deficits should be paid for with tax increases. But, unlike the federal government, the Chicago Public Schools have raised taxes recently. In the last two years the city school board not only voted to raise the property tax, they <a href="http://articles.chicagotribune.com/2012-06-28/news/ct-met-cps-board-meeting-20120628_1_property-tax-cps-officials-negotiations">voted</a> to raise it by the maximum amount allowed by state law. It raised only $41 million out of the $700 million needed. Property taxes <a href="http://www.cps.edu/About_CPS/Financial_information/Documents/FY12FinalBudgetBook.pdf">are</a> the largest source of revenue for schools, and the second and third largest&#8212;state and federal aid&#8212;are not controllable by city and school officials.</p>

<p>While the city government can draw on revenue sources the school board can&#8217;t (sales taxes, cigarette taxes, fees from local airports), there don&#8217;t seem to be veins of money city officials are leaving untapped. And raising regressive vice and consumption taxes isn&#8217;t ideal during a weak economy, even for a good cause. The pattern here is that there are hard spending and revenue constraints in cities that don&#8217;t exist at the federal level.</p>

<p>This doesn&#8217;t mean Rahm Emanuel is blameless, or that he doesn&#8217;t deserve criticism. Politics ain&#8217;t beanbag, and a politician who <a href="http://fdlaction.firedoglake.com/2010/01/26/rahm-emanuel-liberals-are-f-king-retarded/">calls</a> liberals &#8220;fucking retarded&#8221; and purposely cultivates an image of a profanity-spewing hardass doesn&#8217;t need&#8212;nor should expect&#8212;white knights coming to his rescue in contract negotiations. Also, there are many aspects of the strike that have nothing to do with salaries, like whether testing-based teacher evaluation is reliable or useful.</p>

<p>But it does mean that writers who think they&#8217;re taking a fine moral stand by arguing that teachers deserve higher pay, higher benefits, and nicer schools have an obligation to give readers some sense of <em>where</em> that money should come from. I&#8217;m not an expert, at all, on Chicago&#8217;s finances, but like most struggling cities, the bulk of their budget is spent paying employees who are doing good, socially beneficial work.</p>

<p>In many ways cities have more of the progressive ideal of government spending than the federal government. The city of Chicago has no military to cut, no capital gains tax to increase; it isn&#8217;t giving out massive farm subsidies that could be instead used to pay teachers or firefighters. It&#8217;s mostly providing mundane but important government services&#8212;public safety, utilities, road maintenance&#8212;none of which are larded with fat to trim. That urban governments often have more progressive priorities makes finding targets for spending cuts or taxation much more difficult.</p>

<p>For instance, the largest part of Chicago&#8217;s 2012 budget is personnel cost, even excluding employee benefits. If you look at only the operating budget, personnel and employee benefits combine to <a href="https://www.cityofchicago.org/content/dam/city/depts/obm/supp_info/2012%20Budget/2012BudgetOverviewRev11-8.pdf">84 percent</a> of the budget. So think of the other places money has to come from. Police and firefighters, yes, but also librarians, social workers, sanitation workers, road crews&#8212;do any of these professions deserve less money, either? Do they deserve fewer benefits? Clint Eastwood, in the movie <em>Unforgiven</em> (and not talking to a chair), told us the sad truth: &#8220;Deserve&#8217;s got nothing to do with it.&#8221;</p>]]>
    </content>
</entry>

<entry>
    <title>The Gun Deaths Not Talked About</title>
    <link rel="alternate" type="text/html" href="http://www.democracyjournal.org/arguments/2012/08/the-gun-deaths-not-talked-about.php" />
    <id>tag:www.democracyjournal.org,2012:/arguments//3.982</id>

    <published>2012-08-20T18:33:18Z</published>
    <updated>2012-09-06T21:28:14Z</updated>

    <summary>59 percent of all gun deaths are self-inflicted&#8212;18,735 people in 2009. That&#8217;s 51 people&#8212;over four Aurora shootings&#8212;per day. And yet suicide has never been what&#8217;s stoked discussion of gun control, and even in ongoing debates it&#8217;s rarely mentioned.</summary>
    <author>
        <name>Jack Meserve</name>
        
    </author>
    
    
    <content type="html" xml:lang="en" xml:base="http://www.democracyjournal.org/arguments/">
        <![CDATA[<p>In the past three weeks, there have been a number of high-profile shootings, including the murder of 12 people in Aurora, Colorado; six Sikh worshippers in Wisconsin; and a possible shooting spree prevented by a guard at the Washington, D.C. headquarters of the Family Research Council. In a routine that&#8217;s become empty, gun control once again became a news topic for a few days as a proposed way to &#8220;stop this from happening again,&#8221; as the tired phrase goes. Some correctly noted that far more people are killed in day-to-day gun murders than in aberrational shootings by psychopaths, so those gun deaths should be the real justification for gun control. But even these savvier commenters are wrong, in a way. The majority of gun deaths aren&#8217;t due to any type of homicide at all; they&#8217;re due to suicides.</p>]]>
        <![CDATA[<p>Yes, <a href="http://www.cdc.gov/nchs/data/nvsr/nvsr60/nvsr60_03.pdf">59 percent</a> of all gun deaths are self-inflicted&#8212;18,735 people in 2009. That&#8217;s 51 people&#8212;over four Aurora shootings&#8212;<em>per day</em>. And yet suicide has never been what&#8217;s stoked discussion of gun control, and even in ongoing debates it&#8217;s rarely mentioned.</p>
	<p>We talk about these deaths less for at least a few reasons. First, out of concern for families, most media outlets rightly report on suicides only if they happen in public or involve a public figure. Without a large event, the media is largely incapable of any sustained discussion on a topic. Because of this, common but individual suicides can never garner as much attention as rare mass shootings.</p>
	<p>Second, people have a predilection to narratives with villains versus heroes or victims. This is why murders and suicides possibly instigated by a second party draw vastly more press. Think of the attention given to the Tyler Clementi <a href="http://topics.nytimes.com/top/reference/timestopics/people/c/tyler_clementi/index.html">suicide</a>, for instance, or suicides encouraged by online bullies. Third, it&#8217;s impossible to quantify, but the historical taint of shame on those who commit and attempt suicide has probably had a lingering silencing effect. Because of these reasons and others, few ever use suicide prevention as a justification for gun control, even though it&#8217;s the tenth leading cause of death (homicide is 15th).</p>
	<p>The simplest explanation for why reducing the amount of guns could reduce the amount of suicides is that guns are one of the only methods to combine high lethality with easy access. A few statistics show why lethality matters in attempting to reduce deaths. Depending on the year and study, only 2 to 5 percent of suicide attempts use a gun. Attempts that use intentional drug overdose or self-mutilation account for around 85 to 90 percent. This small number of attempted suicides using guns may partly explain the lack of attention given to suicide prevention as a reason for gun control. But self-inflicted gunshots are much more deadly. The 2-to-5 percent of attempts by gun <a href="http://www.nimh.nih.gov/health/publications/suicide-in-the-us-statistics-and-prevention/index.shtml">make up</a> <em>over 50 percent</em> of all &#8220;completed&#8221; suicides.</p>
<p>What we need, then, is to shift people from lethal to non-lethal methods. On ease of access, guns, apart from being more lethal, also give less time for suicidal people to reverse the decision they&#8217;ve made. A Houston study found that for 24 percent of suicide survivors, less than five minutes elapsed between their decision and the attempt. Most other readily available methods for impulsively suicidal people have nowhere near the lethality of guns, hanging being one notable exception. And though correlation is not causation, an article in <em>The New England Journal of Medicine</em> <a href="http://www.nejm.org/doi/full/10.1056/NEJMp0805923">noted</a> that:</p>

<blockquote>There are at least a dozen U.S. case-control studies in the peer-reviewed literature, all of which have found that a gun in the home is associated with an increased risk of suicide. The increase in risk is large, typically 2 to 10 times that in homes without guns&#133;. Moreover, the increased risk of suicide is not explained by increased psychopathologic characteristics, suicidal ideation, or suicide attempts among members of gun-owning households.</blockquote>
	<br><p>A common objection is that deeply depressed people intent on finding a lethal way to kill themselves will do so, no matter the regulation. Research is mixed on this question, but a World Health Organization <a href="http://www.who.int/bulletin/volumes/86/9/07-043489/en/index.html">study</a> that surveys the literature accepts that using alternate methods probably does occur, especially with non-impulsive suicides. Because of this, the authors conclude that &#8220;preventive efforts are likely to have the greatest impact on the subgroup who carry out unplanned impulsive acts.&#8221; They find, however, that &#8220;perhaps 20 to 30 percent of all suicides in industrialized countries belong to this subgroup and might be preventable.&#8221; Further, many <a href="http://glendon.org/content/_common/attachments/barriers/suicide_prevention_through_means_restriction.pd">studies </a>of restrictions of drugs and poisons have found either no displacement of suicide attempts, or displacement to less lethal drugs like ibuprofen.
	<p>Suicide is a unique failure of modern society. The per capita suicide rate has <a href="www.who.int/mental_health/media/unitstates.pdf">held</a> steady since 1955, even as medical advances have reduced most other causes of death significantly. Whatever the methodological or philosophical objections to restricting guns to reduce suicides, surely it is at least worth a debate.</p>
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<entry>
    <title>The Cost of Civic Inequality</title>
    <link rel="alternate" type="text/html" href="http://www.democracyjournal.org/arguments/2012/07/the-cost-of-civic-inequality.php" />
    <id>tag:www.democracyjournal.org,2012:/arguments//3.979</id>

    <published>2012-07-02T21:40:37Z</published>
    <updated>2012-07-03T14:45:07Z</updated>

    <summary>Cheapening public spaces through advertisements and disinvestment ensures that those wealthy enough to opt out will. The result is that income inequality breeds civic inequality. A difference in paycheck becomes a difference in the area ones lives in, in the places one walks, and in the people one interacts with.</summary>
    <author>
        <name>Jack Meserve</name>
        
    </author>
    
    
    <content type="html" xml:lang="en" xml:base="http://www.democracyjournal.org/arguments/">
        <![CDATA[<p>A couple of weekends ago, a <a href="http://www.nytimes.com/imagepages/2012/06/25/us/Ads.html">photo</a> appeared in <em>The New York Times</em> that captured a story&#8217;s essence better than the article it was attached to. The picture showed a red fire hydrant, like you&#8217;d see in any city or town, with some changes: The cap of the hydrant was covered with an empty bucket of chicken, reading &#8220;New Fiery Grilled Wings.&#8221; On the hydrant column was Colonel Sanders, and below him a KFC logo. The town of Brazil, Indiana, allowed KFC to repair and emblazon its fire hydrants because it couldn&#8217;t afford to repair them itself. Around the same time in 2010, Indianapolis accepted fire extinguishers and smoke detectors from KFC to put in its public recreation centers and gyms. </p>]]>
        <![CDATA[<p>The <em>Times</em> story also included these examples: Baltimore, facing the closure of three firehouses, is considering selling ad space on fire engines; Cleveland has <a href=" http://www.nytimes.com/2012/06/25/us/cities-consider-selling-ads-as-economic-lifelines.html?pagewanted=all"> renamed</a> a bus line with money from a hospital (there&#8217;s the Red Line, Green Line, Blue Line, and&#133; HealthLine). Michael Sandel&#8217;s new book, <a href=" http://www.amazon.com/What-Money-Cant-Buy-Markets/dp/0374203032/ref=sr_1_1?ie=UTF8&qid=1341264951&sr=8-1&keywords=what+money+can%27t+buy "> <em>What Money Can&#8217;t Buy</em></a>, includes instances of prisons selling wall space to bail bondsmen. A <a href=" http://www.nytimes.com/2011/04/16/business/media/16buses.html"> story</a> from last year found various school districts selling space on children&#8217;s buses to pizza joints, among other businesses. </p>
<p>This all resembles nothing so much as the movie <em>Idiocracy</em>, a dystopian comedy where water fountains are replaced with pseudo-Gatorade stations and the president&#8217;s middle name is &#8220;Mountain Dew.&#8221; Certainly our own nonfictional society has become more used to the omnipresence of advertisements, but that doesn&#8217;t change what allowing fast-food chains to place logos on public smoke detectors is: an embarrassment. 
What&#8217;s the objective harm in selling and degrading public spaces? It&#8217;s not just a matter of aesthetics, as some might contend. Sandel makes what he calls the &#8220;corruption&#8221; argument&#8212;that plastering ads on a school bus, say, corrupts the nature of what that public good is supposed to be: a neutral way to transport children. Certainly we could plaster a community gym with as many ads as a Nike store, but it ruins more than the beauty of the walls: It alters the intended purpose of the institution as a place for recreation, not market transactions.</p>
<p>It goes beyond the corruption of the public. In his saner years, Mickey Kaus prescribed an unusual solution to rising income inequality in his book <a href="http://www.amazon.com/End-Equality-Mickey-Kaus/dp/0465098290"> <em>The End of Equality</em></a>. If, as Kaus believed, rising disparities in income were unavoidable in a post-industrial society, then government could ameliorate the effects by focusing on producing quality public spaces and services. Creating accessible, affordable areas that everyone uses makes the money one has matter less. As Kaus puts it: &#8220;Instead of trying to suppress inequality of money, [civic liberalism] would try to <em>restrict the sphere of life in which money matters</em>, and enlarge the sphere in which money <em>doesn&#8217;t</em> matter.&#8221; There&#8217;s no reason why rich and poor can&#8217;t visit the same clean parks, travel on the same convenient buses, and walk in the same safe downtowns.</p>
<p>Unfortunately, what we&#8217;ve learned in recent years is that the reverse is also true. If public places become low-quality, glorified ad-deliverers, then money matters <em>more</em>. Cheapening public spaces through ads or disinvestment ensures that those wealthy enough to opt out will. When the parks are crummy, the buses don&#8217;t run on time, and public schools can&#8217;t afford books, it&#8217;s only the rich that can pay for country clubs, Lexuses, and private schools&#8212;and they don&#8217;t need to resort to McDonald&#8217;s branding or KFC sponsorship. The result is that income inequality breeds civic inequality. A difference in paycheck becomes a difference in the area ones lives in, in the places one walks, and in the people one interacts with. Sandel and political philosopher Michael Walzer have made similar points for years. </p>
<p>It&#8217;s become vogue in recent years for pundits to argue that government&#8217;s goal should only be equality of opportunity, not equality of outcome. It&#8217;s been one of the only points that liberals and conservatives agree on. But in some places, we do want equality of outcome. The same fire trucks go to the houses of poor and rich; the same police cars; the same ambulances. True, an influential CEO&#8217;s pothole might get fixed first, but these are sectors where egalitarian outcomes are what people rightly expect and demand. And in the same way that the wealthy can counteract an incompetent police force by hiring security guards, they can counteract low-quality public goods by buying their own private versions.</p>
<p>Conservatives will bring up a few predictable points: Governments have too-generous pensions for public employees, too-generous welfare for the poor, too-generous entitlements for the middle class. Some of these critiques are probably true some of the time; certainly many city governments that have begun auctioning off public spaces are run by Democratic politicians, so blaming Republicans for all of this would be silly and wrong.</p>
<p>But we cannot trust conservatives to fix the problems in public institutions, because ultimately they do not believe in them. The more libertarian strain of conservative thought that has risen in the past 20 years sees public parks as land to be sold and public schools as inefficiencies to be privatized. You&#8217;d no sooner trust Rand Paul to fix a civic space than rely on Karl Marx to fix your private business.</p>
<p>So what&#8217;s to be done? It&#8217;s difficult to say. These municipalities aren&#8217;t sacrificing civic spaces because they&#8217;re anti-government ogres, but because of a combination of recession-crippled budgets and constant fear of increasing taxes. A race-to-the-bottom between states for the lowest rates even makes tax phobia somewhat understandable. In another way, a gutting of publicly provided goods is the logical conclusion of a starve-the-beast conservative philosophy: The sanctity of a park must seem an easy cut when faced with Medicaid benefit reductions or hefty tax increases. And sometimes letting a pizza joint sponsor a school bus might really be the best option. Politicians and progressives shouldn&#8217;t forget that incomes aren&#8217;t the only things that can be unequal, and selling ads in a prison or community center is often just as regressive as a tax.</p>
]]>
    </content>
</entry>

<entry>
    <title>A Fickle Nanny State</title>
    <link rel="alternate" type="text/html" href="http://www.democracyjournal.org/arguments/2012/06/a-fickle-nanny-state.php" />
    <id>tag:www.democracyjournal.org,2012:/arguments//3.977</id>

    <published>2012-06-11T21:43:41Z</published>
    <updated>2012-07-20T17:48:19Z</updated>

    <summary><![CDATA[Progressives have been guilty of letting our temperament rather than our reason guide policies toward vices; bans on activities like drug use are seen as na&iuml;ve or old-fashioned, but legal vices like cigarette smoking are public-health or collective-action problems to be solved through brute government action.]]></summary>
    <author>
        <name>Jack Meserve</name>
        
    </author>
    
    
    <content type="html" xml:lang="en" xml:base="http://www.democracyjournal.org/arguments/">
        <![CDATA[<p>During the controversy over the proposed ban of sugary drinks over 16 ounces in New York City, Jon Stewart pointed out that if Mayor Bloomberg&#8217;s soda ban and Governor Cuomo&#8217;s marijuana decriminalization both pass, a 17-ounce soda will draw a larger fine ($200) than a 25-gram bag of marijuana ($100). It was a funny bit, but it reveals a larger, unfortunate fact of recent liberalism: We&#8217;ve been incoherent and hypocritical in our policies toward vices.</p>]]>
        <![CDATA[<p>To illustrate, think of a few of the currently illegal vices: recreational drug use, gambling, prostitution. With some exceptions, the left has been in favor of legalization or decriminalization of these activities. Now think of legal vices: gluttony, cigarette smoking, alcohol use. On these habits, we&#8217;ve supported bans, onerous restrictions on place and time of consumption, and increasingly aggressive fines and taxes. There seems very little consistency between these positions, and few have even attempted justifying the differences. Progressives have been guilty of letting our temperament rather than our reason guide the policies; bans on activities like drug use are seen as na&iuml;ve or old-fashioned, but legal vices like cigarette smoking are public-health or collective-action problems to be solved through brute government action.</p>
<p>As a case in point, look at Andrew Cuomo, who gave mild approval to the NYC soda ban by <a href="http://politicker.com/2012/06/governor-cuomo-nyc-soda-ban-can-only-do-good/">saying</a> it &#8220;can only do good.&#8221; At the same time, he is pushing to allow up to seven casinos to operate in New York state, including Manhattan. (Mayor Bloomberg, for his part, believes New York City has enough demand for multiple casinos.) Now, gambling has all of the downsides that proponents of soda regulation have cited. It harms the user; it harms the community through family disruption and unpaid debts (one study found that casinos actually export 10 percent higher bankruptcy rates back to tourists&#8217; home states); and it has no upside in the form of a product or good, just as soda has no nutrition. But just as the first vice is being loosened, the second is being tightened.</p>
<p>Or take pot: At the same time as liberals push for decriminalization and legalization of marijuana and harder drugs, we have been supporting restrictions on cigarettes that have become onerous enough in NYC to approach a de facto ban, if not an explicit one. To borrow a term from physics, what could be the grand unified theory behind these positions? One would be public health: Cigarettes and obesity are more physically detrimental than marijuana and extra- or premarital sex. If government can ameliorate these negative results, why shouldn&#8217;t it? But this raises the obvious question of why ruining one&#8217;s health is worth responding to but ruining one&#8217;s finances at a casino isn&#8217;t. Further, though marijuana is not as harmful as cigarette smoke, it still has carcinogens, and is correlated with a variety of negative results including high-school dropout rates and likelihood of committing some forms of crime. Even if any negatives from pot are minor, it&#8217;s hard to believe that reforming its legal status would be high on the priority list of someone solely concerned with public health. Nonetheless, progressives have long defended vices like marijuana and sexual mores like prostitution with language strikingly similar to the way conservatives attacked Bloomberg&#8217;s soda ban: Government shouldn&#8217;t intrude into the private lives of individuals, especially activities having to do with their own bodies.</p>
<p>To be fair, not all of these hypocrisies are true of all Democrats: President Obama&#8217;s Justice Department executed a crackdown on Internet gambling so severe that industry members refer to it as &#8220;Black Friday.&#8221; There have been strong feminist arguments against prostitution. And certainly many of the positions I cite are held by progressive intellectuals and opinion-makers rather than rank-and-file politicians; liberalization of vices especially can still be a third rail in politics.</p>
<p>But my worry is that progressives, who correctly pride themselves on a tradition of pragmatism and sound public policy, are increasingly letting cultural and temperamental biases cloud their preferences when it comes to regulation of vices. I think most would agree that liberals find psychoactive drugs and various forms of recreational sex somehow &#8220;better&#8221; than smoking or unhealthy fast-food food consumption. Policy preferences have followed.</p>
<p>Even more worrying is the classist element that sometimes permeates these laws. Those with a yearly income lower than $24,000 have a smoking rate above 30 percent, while those who make more than $60,000 a year <a href="http://www.gallup.com/poll/105550/among-americans-smoking-decreases-income-increases.aspx">are</a> 16 percent or lower. Fast-food consumption rises as household income rises up to $60,000, but falls as income <a href="http://health.universityofcalifornia.edu/2011/10/27/fast-food-dining-income/">increases</a> past that. The very cheap alcohol-caffeine combination of Four Loko was banned out of existence, while someone able to pay more can walk into a bar and order a rum and coke or vodka and Red Bull. Proponents of these restrictions sometimes argue that obesity or alcoholism are greater problems among the poor, but that seems like weak tea as a justification for blatantly hypocritical policies.</p>
<p>But more important than income level is a kind of cultural elitism. Someone who buys a 20-ounce, 330-calorie Starbucks cinnamon dolce <a href="http://www.starbucks.com/menu/catalog/nutrition?drink=all#view_control=nutrition">latte</a> is viewed differently than someone buying a 20-ounce, <a href="http://www.livestrong.com/thedailyplate/nutrition-calories/food/mountain-dew/mountain-dew-20-oz/">290-calorie Mountain Dew</a> from McDonald&#8217;s. The latte would be allowed under Bloomberg&#8217;s ban, the Mountain Dew not. Similarly, marijuana smoking has a cultural cachet that cigarettes have lost. In fact teenagers now <a href="http://www.foxnews.com/health/2012/06/08/cdc-more-us-teens-smoke-marijuana-than-cigarettes/">smoke</a> pot more than they smoke cigarettes.</p>
<p>This isn&#8217;t to complain about class or culture; they&#8217;re inevitable, and inevitably intertwined. But we as progressives need to have better reasons for our inconsistencies than our own biases. They&#8217;re no way to make public policy that treats everyone equally&#8212;which is, after all, the goal of progressivism.</p>]]>
    </content>
</entry>

<entry>
    <title>Race, Revisionism, and National Review</title>
    <link rel="alternate" type="text/html" href="http://www.democracyjournal.org/arguments/2012/05/race-revisionism-in-national-review.php" />
    <id>tag:www.democracyjournal.org,2012:/arguments//3.950</id>

    <published>2012-05-24T13:46:31Z</published>
    <updated>2012-05-24T14:51:52Z</updated>

    <summary>If nothing else, Kevin Williamson&#8217;s article is instructive because it points up a
depressing fact about American political culture. We cheer on Republicans
or Democrats like we do sports teams, with little appreciation for the
underlying values they claim to represent. That&#8217;s hardly news, but
Williamson&#8217;s anachronistic ignorance takes it to an absurd extreme&#8212;presenting incoherent revisionism without actually understanding the
history he&#8217;s trying to rewrite.</summary>
    <author>
        <name>Clay Risen</name>
        <uri>http://www.democracyjournal.org</uri>
    </author>
    
    <category term="history" label="history" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="race" label="race" scheme="http://www.sixapart.com/ns/types#tag" />
    
    <content type="html" xml:lang="en" xml:base="http://www.democracyjournal.org/arguments/">
        <![CDATA[<p>Progressives should cheer Kevin Williamson&#8217;s current <a href="http://www.nationalreview.com/articles/300432/party-civil-rights-kevin-d-williamson#">cover story</a> in the<br />
<em>National Review</em>, in which he claims that Republicans, not Democrats, are<br />
the true historic bulwark of civil rights. Who'd have thought that a<br />
pro-civil rights piece would ever appear in the magazine of William F.<br />
Buckley, who once assailed the civil rights movement for being &#8220;far gone in<br />
a commitment to state socialism&#8221; and an enemy of &#8220;the American way of life and our civilization&#8221;?</p>]]>
        <![CDATA[<p>That&#8217;s a cheap shot, true&#8212;views evolve, and Williamson shouldn&#8217;t be held accountable for Buckley&#8217;s troglodytic racial views. But the distinction between the <em>National Review</em> then and the <em>National Review</em> today highlights
Williamson&#8217;s embarrassingly basic misunderstanding of American history.</p>

<p>Williamson writes that, according to the conventional wisdom, the
Republicans and Democrats &#8220;flipped&#8221; positions on race in the 1960s&#8212;that the Democrats, once a bunch of backwoods racists, became enlightened, while the Republicans, the party of Lincoln, became the party of George Lincoln
Rockwell (or thereabouts). This, he says, is a &#8220;myth,&#8221; since a majority of
Republican senators support the 1964 Civil Rights Act, while the Southern Democrats opposed it.</p>

<p>True, all true. But&#8212;and this is so basic that it&#8217;s embarrassing to say it&#8212;the political landscape has changed dramatically in 50 years. In
1963 both parties were ideologically diverse coalitions. The Democrats
included everyone from Adam Clayton Powell (black nationalist) to Richard
Daley (white urban ethnic) to James Eastland (Southern white supremacist),
while the GOP included Jacob Javits (Jewish urban liberal) to Bill
McCulloch (small-town Ohio conservative) to Barry Goldwater (Sunbelt
libertarian). Rather than falling along an ideological spectrum, the
parties were constellations &#8211; there were Southern racists who backed the
New Deal (Lister Hill) and Midwestern, small-government conservatives who
backed progressive civil rights legislation (Everett Dirksen). So, yes, in
the 1960s some Republicans supported civil rights. Some didn&#8217;t. Some
Democrats were ignorant racists. Others weren&#8217;t.</p>

<p>For a variety of reasons&#8212;including, but not only, racial politics&#8212;both
parties went through ideological realignments in the postwar decades, so that today we speak of Republicans as almost uniformly conservative and Democrats as almost uniformly liberal. The GOP of today is simply not the GOP of 1963. Williamson claims that you can draw a pro-civil rights line through a century of Republicans, from Lincoln to Susan B. Anthony to the likes of Jacob Javits. True. But you can&#8217;t draw a line from Javits to, say, Jim DeMint, so drastically has the party changed. Williamson is either willfully ignorant of that fact, or he has never cracked a political science textbook. Either way, somewhere in America a high school history teacher is crying behind his desk.</p>

<p>This isn&#8217;t the only con job that Williamson botches. He also argues that
the realignment of the South, from overwhelmingly Democratic to overwhelmingly Republican, had nothing to do with race. To prove it, he name checks a 2006 book by the political scientists Byron Shafer and Richard Johnston, which argues that rising incomes, not race, drove the South to the GOP. It&#8217;s not clear that Williamson actually read Shafer and Johnston&#8217;s book, which is much more nuanced than he presents it (he doesn&#8217;t quote from it, instead relying on a squib from a potted synopsis, written by yours truly). And it&#8217;s obvious he hasn&#8217;t read the towering stack of books by such luminaries as Earl and Merle Black that argue the opposite,
that race did in fact play a major part in the Southern realignment. In any case, no serious political scientist&#8212;not Shafer, not Johnston, certainly not the Black brothers&#8212;argues that race was irrelevant to the Southern realignment. Williamson is alone on this one.</p>

<p>Williamson also ignores, or isn&#8217;t aware of, the fascinating recent historical work that demonstrates how race and class in the postwar South were complementary, not mutually exclusive. As Princeton&#8217;s Kevin Kruse demonstrates in his seminal history of postwar Atlanta, <em>White Flight</em>, the rising income among whites allowed overt racism to morph into something more subtle, from dominance through social control to dominance through space&#8212;in other words, whites just moved to the suburbs, where high property values proved just as effective as Jim Crow in keeping blacks at arm&#8217;s length. The new breed of conservative Republican politicians, in turn, realized they could avoid the stain of overt racism by appealing to these middle&#8211;class, de facto segregationists: hence the rise of anti&#8210;bussing, anti&#8210;urban politics in the 1970s and 80s, campaigns in which the words &#8220;black&#8221; and &#8220;segregation&#8221; never needed to be mentioned. Any serious discussion of race and American party politics needs to at least engage with such work. Williamson doesn&#8217;t.</p>

<p>If nothing else, Williamson&#8217;s article is instructive because it points up a
depressing fact about American political culture. We cheer on Republicans
or Democrats like we do sports teams, with little appreciation for the
underlying values they claim to represent. That&#8217;s hardly news, but
Williamson&#8217;s anachronistic ignorance takes it to an absurd extreme&#8212;presenting incoherent revisionism without actually understanding the
history he&#8217;s trying to rewrite.</p>]]>
    </content>
</entry>

<entry>
    <title>How Reactive Incrementalism Leads to Extremism at the TSA</title>
    <link rel="alternate" type="text/html" href="http://www.democracyjournal.org/arguments/2012/05/how-reactive-incrementalism-leads-to-extremism-at-the-tsa.php" />
    <id>tag:www.democracyjournal.org,2012:/arguments//3.949</id>

    <published>2012-05-18T19:44:02Z</published>
    <updated>2012-05-18T20:37:25Z</updated>

    <summary>But if you&#8217;re one of that majority of citizens who supports or at least doesn&#8217;t mind the TSA, consider this thought experiment. Imagine you&#8217;re back on November 19, 2001, the day the TSA was created, before most of these forms of security were put into place. Would you have supported or accepted these indignities&#8212;all of which are now in place&#8212;if rather than over ten long years they were implemented in one stroke?</summary>
    <author>
        <name>Jack Meserve</name>
        
    </author>
    
    <category term="tsa" label="TSA" scheme="http://www.sixapart.com/ns/types#tag" />
    
    <content type="html" xml:lang="en" xml:base="http://www.democracyjournal.org/arguments/">
        <![CDATA[<p><img alt="4119819621_8d5246c47c_m.jpg" src="http://www.democracyjournal.org/arguments/4119819621_8d5246c47c_m.jpg" width="180" height="240" class="mt-image-right" style="float: right; margin: 0 0 20px 20px;" />It&#8217;s now been a year and a half since the Transportation Security Administration (TSA) widely implemented what the agency calls &#8220;Advanced Imaging technology,&#8221; also known as full-body X-rays or, more derogatorily, &#8220;porno-scanners.&#8221; Despite the outcry in November 2010 over the practice, most polling showed general public support for the scanners ranging from <a class="mainbodylink" href=http://www.foxnews.com/us/2010/12/17/fox-news-poll-airport-body-scanners-prefered-pat-downs/>60 percent</a> to <a class="mainbodylink" href=http://www.cbsnews.com/8301-503544_162-20022876-503544.html>80 percent</a>. We occasionally get sensational stories about the very young or the elderly receiving invasive searches, as we did recently when the TSA allegedly patted down a &#8220;high-security threat&#8221; four-year-old <a class="mainbodylink" href=http://overheadbin.msnbc.msn.com/_news/2012/04/24/11371144-tsa-pats-down-4-year-old-after-she-hugs-grandmother>after she ran back through security</a>. (Or <a class="mainbodylink" href=http://www.theatlantic.com/national/archive/2012/04/tsa-to-my-mother-in-law-theres-an-anomaly-in-the-crotch-area/256450/>Jeffrey Goldberg&#8217;s mother-in-law</a>.) But the scanners are largely forgotten, and by all accounts most people line up and go through them without much of a fuss.</p>]]>
        <![CDATA[<p>These scanners were implemented roughly a year after Umar Farouk Abdulmutallab unsuccessfully attempted to blow up an airplane flying from Amsterdam to Detroit. Undoubtedly for at least some Americans, the specter of that attack (and similar ones of their imagining) led to their support for the scanners. The response by the TSA and most supportive Americans seems understandable, even if one disagrees with it.</p>

<p>But if you&#8217;re one of that majority of citizens who supports or at least doesn&#8217;t mind the TSA, consider this thought experiment. Imagine you&#8217;re back on November 19, 2001, the day the TSA was created, before most of these forms of security were put into place. You have a friend in the Department of Homeland Security. She says the TSA is considering mandating the following on January 1: removal of belts and shoes; no liquids besides those carried in clear three-ounce containers; and a choice between an &#8220;enhanced patdown&#8221; or a full-body X-ray scan, including for children. Would you have supported or accepted these indignities&#8212;all of which are now in place&#8212;if rather than over ten long years they were implemented in one stroke?</p>

<p>Now, the TSA&#8217;s response would be that each of these measures was a response to a specific threat or attack. This is true, but it only shows how manacled we are to a reactive security system. Here&#8217;s a list of the dates of terrorist attacks or plots, and responses from the TSA&#8217;s own <a class="mainbodylink" href=http://www.tsa.gov/assets/pdf/TSA_evolution_timeline.pdf>timeline</a>. It includes only those measures I mentioned above, but similar events also provoked bans on lighters and inspections of remote control toys, among other steps.</p>

<blockquote><p><em>December 22, 2001</em>: Richard Reid attempts to ignite explosives hidden in his shoe.<br>
<em>December 23, 2001 response</em>: &#8220;The [FAA] issues a security directive ordering airlines to add random shoe inspections to the random baggage checks&#133;&#8221;</p>

<p><em>August 10, 2006</em>: British officials stop a plot to blow up an aircraft with liquid explosives.<br>
<em>August 10, 2006 response</em>: &#8220;All liquid, gels, and aerosols are banned from carry-ons. TSA institutes mandatory shoe screening to inspect for dangerous items.&#8221; (This is later amended to the three-ounce ban.)</p>

<p><em>December 25, 2009</em>: Umar Faruk Abdulmutallab, called the &#8220;Underwear Bomber&#8221; for where he hid the explosives, fails to blow up Northwest Flight 253.<br>
<em>November 2010 response</em>: &#8220;TSA deploys approximately 500 Advanced Imaging technology units to airports nationwide.&#8221; TSA Chief John Pistole states, &#8220;We cannot forget that less than one year ago a suicide bomber with explosives in his underwear tried to bring down a plane over Detroit.&#8221;</p>
</blockquote>
<p>The pattern here isn&#8217;t difficult to see (and I&#8217;m certainly not the first one to point it out) but it&#8217;s worth reiterating: An attack fails because of some combination of bad luck, ineptitude, and good police work; we ban a behavior related to that attack; another attack fails; we ban another behavior.</p>

<p>This is a slippery slope, and we&#8217;re most of the way down it. Less than a year ago, a security official actually <a class="mainbodylink" href=http://www.reuters.com/article/2011/07/06/us-usa-security-implants-idUSTRE7652QX20110706>told</a> Reuters: &#8220;[DHS] has identified a potential threat from terrorists who may be considering surgically implanting explosives or explosive components in humans to conduct terrorist attacks.&#8221;</p>

<p>Now, just as in the thought experiment, everyone (I hope) tells themselves that mandated cavity and strip searches to detect such explosives would be inappropriate and beyond the pale. But if we catch someone tomorrow at an airport named Umar or Mohammed with a bomb in one of his body cavities, what would be the TSA&#8217;s response? And are any of us so sure that, six months after the fact, we wouldn&#8217;t all be getting in line and wondering what all the fuss was about?</p>

<p>It&#8217;s hard to fathom that we&#8217;re still taking our shoes off&#8212;millions of Americans every week&#8212;because of a single shoe-bombing attempt over a decade ago.  While I&#8217;d prefer a simple reversion to pre-9/11 security, that&#8217;s probably not realistic in the short term. But at the least we could roll back some of these older measures. That the TSA is even <a class="mainbodylink" href=http://travel.usatoday.com/flights/post/2011/09/tsa-shoes/546081/1>considering</a> this step is a rare victory for common sense.</p>]]>
    </content>
</entry>

<entry>
    <title>&#8220;Religious Freedom&#8221; Concerns Are an Argument for Single-Payer</title>
    <link rel="alternate" type="text/html" href="http://www.democracyjournal.org/arguments/2012/03/religious-freedom-concerns-are-an-argument-for-single-payer.php" />
    <id>tag:www.democracyjournal.org,2012:/arguments//3.940</id>

    <published>2012-03-08T15:45:51Z</published>
    <updated>2012-03-08T17:13:07Z</updated>

    <summary>Because Medicaid, through federal and state tax dollars, covers prescription contraception in at least 40 states, most Catholics (and everyone else) already pay for other peoples&#8217; birth control, and will continue to do so regardless of whatever accommodation or legislation ends up passing.</summary>
    <author>
        <name>Jack Meserve</name>
        
    </author>
    
    <category term="contraception" label="Contraception" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="healthcare" label="health care" scheme="http://www.sixapart.com/ns/types#tag" />
    
    <content type="html" xml:lang="en" xml:base="http://www.democracyjournal.org/arguments/">
        <![CDATA[<p>Amidst the almost-endless discussion of religious freedom and contraception recently, one fact has been left out: that most Catholics (and everyone else) already pay for other peoples&#8217; birth control, and will continue to do so regardless of whatever accommodation or legislation ends up passing.<br />
</p>]]>
        <![CDATA[<p>Why? Because Medicaid, through federal and state tax dollars, covers prescription contraception in at least 40 states. According to a 2009 <a class="mainbodylink" href="www.kff.org/womenshealth/upload/8015.pdf">Kaiser/George Washington University study</a>, 40 states (possibly more, as seven did not respond to the survey) provide various forms of contraception to women. Despite conservatives&#8217; ferocious arguments that requiring one individual or group to pay for someone else&#8217;s contraceptives is a new and dangerous precedent, this has been the status quo for years, with virtually no objection.</p>

<p>The reason is that arguing against government funding of contraception would reveal the impaired logic behind conservatives&#8217; broader complaint that Obama wanted, in the melodramatic words of a Heritage Foundation blogger, <a class="mainbodylink" href="http://blog.heritage.org/2012/03/01/morning-bell-two-centuries-of-religious-freedom-rolled-back/">&#8220;Two Centuries of Religious Freedom Rolled Back.&#8221;</a> Because once you argue that taxpayers should not have to pay for things they morally object to, there would be nothing left to tax.</p>

<p>For instance: Many religions have strong pacifist traditions, including Jainism, the Quakers, and the Jehovah&#8217;s Witnesses. While we&#8217;ve granted members of religions like these conscientious objector status, no one has ever seriously advocated that they should be able to opt out of paying taxes that fund the military (and can you imagine a Republican doing so?). Scientologists don&#8217;t believe in psychiatry, and yet their tax dollars fund psychiatric research, and psychiatric care in hospitals and other places. Should they get an exemption as well? Jews who keep Kosher nonetheless have to pay taxes that will be used to subsidize animal products they believe violate their scripture. Is their religious freedom being violated too? This road leads quickly to absurdity.</p>

<p>Conservatives and Catholic organizations would likely have one response to this line of argument, and it brings me to the title of this post. They would argue that paying an insurance company that then distributes contraceptives is far more direct than paying tax dollars into one general pot that&#8217;s used for everything. It&#8217;s a fair point. But it&#8217;s a point that implies the <i>opposite</i> of what these same pundits argued during the health-care reform debate&#8212;it implies that health care, including contraception, should be a societal concern. We should all pay into it, and receive benefits dictated by consensus reflected through government, not by the unique moral and religious concerns of whoever happens to be our employer.</p>

<p>To put it a different way, a single-payer system would have much the same effect that the tradition of loading blank cartridges into random rifles in a firing squad had: diffusion of responsibility and plausible deniability. Each person could think that his or her money wasn&#8217;t being used in a way they didn&#8217;t approve of, whether it was birth control or anything else. Further, we could debate what should be covered as a society, rather than as balkanized interest groups.</p>

<p>Single-payer won&#8217;t be implemented in the near future, and conservatives will probably continue to demagogue this issue. But it&#8217;s worth remembering, whenever &#8220;religious freedom,&#8221; is invoked, that we all pay for things we don&#8217;t believe in; that&#8217;s living in a democracy.</p>]]>
    </content>
</entry>

<entry>
    <title>Strained Skepticism</title>
    <link rel="alternate" type="text/html" href="http://www.democracyjournal.org/arguments/2012/02/strained-skepticism-a-response-to-the-national-interest.php" />
    <id>tag:www.democracyjournal.org,2012:/arguments//3.921</id>

    <published>2012-02-12T21:49:45Z</published>
    <updated>2012-02-12T22:25:41Z</updated>

    <summary>A coalition of moderate Democrats and moderate Republicans provided a critical foundation for U.S. foreign policy throughout the long decades of the Cold War. That coalition is today under threat&#151;and more from the Republicans than from the Democrats.</summary>
    <author>
        <name>Charles Kupchan</name>
        <uri>http://www.democracyjournal.org</uri>
    </author>
    
    <category term="conservatism" label="conservatism" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="foreignpolicy" label="foreign policy" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="progressivism" label="Progressivism" scheme="http://www.sixapart.com/ns/types#tag" />
    
    <content type="html" xml:lang="en" xml:base="http://www.democracyjournal.org/arguments/">
        <![CDATA[<p>I mean no disrespect to the editors of <em>The National Interest</em> in suggesting that they certainly appear to struggle mightily to <a class="mainbodylink" href="http://nationalinterest.org/blog/the-buzz/progressive-grand-strategy-6490">muster a critique</a> of the progressive grand strategy that I <a class="mainbodylink" href="http://www.democracyjournal.org/23/grand-strategy-the-four-pillars-of-the-future.php">recently laid out</a> in <em>Democracy</em>. And I would venture a guess that they seem to struggle because they probably could not find a great deal to disagree with. Whether they would admit it or not, liberal realists on the center-left (myself included) and traditional realists on the center-right share a great deal of common ground when it comes to foreign policy. Indeed, a coalition of moderate Democrats and moderate Republicans provided a critical foundation for U.S. foreign policy throughout the long decades of the Cold War. That coalition is today under threat&#151;and more from the Republicans than from the Democrats. As the editors of the <em>TNI</em> seem to accept, Republicans have offered no foreign policy outside the extremes of Tea Party isolationism and neoconservatism. The ideological complexion of the Democratic Party has changed as well. But the Democrats are still home to at least a remnant of the centrist wing that favors a realist blend of power and partnership to advance the nation&#8217;s interests.</p>]]>
        <![CDATA[<p>One of the main complaints of the editors of <em>TNI</em> is that &#8220;Kupchan co-opts realism's central theme.&#8221; Guilty as charged. My view of the world is heavily colored by realism. But rather than protest that a progressive writes things with which they fundamentally agree, why don&#8217;t they state their concurrence&#151;or perhaps even trumpet it? At a time in American history when the nation is polarized to the point of paralysis, Democrats and Republicans should be zealously pocketing areas of common ground. That is especially true on foreign policy; centrists from both sides of the aisle need to lock arms to make sure that the national interest prevails against those who lead the nation toward unsustainable excess as well as those who counsel dangerous retreat.</p>]]>
    </content>
</entry>

<entry>
    <title>Lochner and Liberty: A Response to David Bernstein</title>
    <link rel="alternate" type="text/html" href="http://www.democracyjournal.org/arguments/2011/12/lochner-and-liberty-a-response-to-david-bernstein.php" />
    <id>tag:www.democracyjournal.org,2011:/arguments//3.915</id>

    <published>2011-12-20T15:15:33Z</published>
    <updated>2011-12-20T16:02:46Z</updated>

    <summary>If I may put it this way, from an internalist legal perspective, the traditional Lochner story was way too crude. From a perspective with stronger externalist notes, it captures important features of that time, which our time shares. Today as then, laissez-faire ideas in the larger intellectual and political culture contribute to the development of anti-regulatory lines of jurisprudence.</summary>
    <author>
        <name>Jedediah Purdy</name>
        <uri>http://www.democracyjournal.org</uri>
    </author>
    
    <category term="constitution" label="Constitution" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="supremecourt" label="Supreme Court" scheme="http://www.sixapart.com/ns/types#tag" />
    
    <content type="html" xml:lang="en" xml:base="http://www.democracyjournal.org/arguments/">
        <![CDATA[<p>I appreciate Professor David Bernstein&#8217;s thoughtful <a href="http://volokh.com/2011/12/14/jedediah-purdy-on-the-roberts-courts-revival-of-lochner-part-i/">response</a> to my <a href="http://www.democracyjournal.org/23/the-roberts-court-v-america.php">article</a>. I read his smart book, <em><a href="http://www.amazon.com/Rehabilitating-Lochner-Defending-Individual-Progressive/dp/0226043533/ref=sr_1_1?ie=UTF8&qid=1324394428&sr=8-1">Rehabilitating Lochner</a></em>, while working on the piece, and it was a valuable addition to my pantheon of revisionist <em>Lochner</em> scholarship. Like David (if I may), I&#8217;m interested in the jurisprudence of that era for its own sake, and I always enjoy teaching it against the still-current myth of <em>Lochner</em>: that Oliver Wendell Holmes was right in his famous dissenting claim that the decision rested &#8220;upon an economic theory&#8221; of laissez-faire. Reading, say, John Marshall Harlan&#8217;s dissent in <em>Lochner</em>, which proceeds to a different conclusion on the majority&#8217;s premises, students see that there was a real jurisprudence here, not just ideology. When I have them read cases like <em>Buchanan</em> v. <em>Warley</em> (1917), which struck down a residential-segregation statute on the grounds of the white seller&#8217;s economic liberty, they see that freedom-of-contract principles espoused by the <em>Lochner</em>-era Court protect a genuine freedom. I see a lot of David&#8217;s book as in the same spirit, and so I read it sympathetically and with pleasure.</p>]]>
        <![CDATA[<p>So, respectfully, I don&#8217;t think I buy into the various simplifying myths of <em>Lochner</em>, in person or in the piece. But David&#8217;s right, of course, that in deciding to anchor my criticism of some contemporary doctrines in the <em>Lochner</em> comparison, I&#8217;m reinforcing that view of <em>Lochner</em>, or at least trading on it. So, what&#8217;s up with that?</p>

<p>Basically, this: While I embrace the claim that <em>Lochner</em> jurisprudence, so-called, was not crude laissez-faire policy-making, I also believe that there was a mutually reinforcing relationship between the prominence of laissez-faire thinking and the shape the Court gave to substantive due process (and, in important respects, to the Commerce Clause). So while I think the traditional story did harm by taking a reductive view of legal reasoning, it was plausible in part because it responded to a real relation between law and the larger field of ideas. We see this in many places, from Justice William R. Day&#8217;s 1918 assertion in <em>Hammer</em> v. <em>Dagenhart</em> that the division between federal and state power was essential to preserving liberty of commerce&#8212;suggesting an overriding aim that infused constitutional design, quite apart from the specifics of Fourteenth Amendment &#8220;liberty of contract&#8221;&#8212;to the arguments of plaintiffs in anti-regulatory constitutional cases, which routinely construed Supreme Court precedents as establishing precisely the categorical laissez-faire rules that the Court never in fact embraced. One might explain virtually any passage on independent grounds, but in sum laissez-faire thinking infused strands of elite and popular thinking and lent plausibility to such claims, and to the Court&#8217;s doctrine as well.</p>

<p>The same basic claim holds for the recent cases that I discuss in my <a href="http://www.democracyjournal.org/23/the-roberts-court-v-america.php">essay</a> and our neoclassical update of laissez-faire thinking. If I may put it this way, from an internalist legal perspective, the traditional <em>Lochner</em> story was way too crude. From a perspective with stronger externalist notes, it captures important features of that time, which our time shares. Today as then, laissez-faire ideas in the larger intellectual and political culture contribute to the development of anti-regulatory lines of jurisprudence.</p>

<p>David says (to simplify) that the First Amendment cases are about mistrusting government, not idealizing markets. I think this is an important point: I mean to argue in the piece that these are two sides of the same coin, with one emphasized more in some cases, the other in others. David&#8217;s comments, and those of a few others, help me to see that I should spell this out more clearly.</p>

<p>David points to the scholarship observing that &#8220;more democratic&#8221; government (I use the quotes because I&#8217;m simplifying, not because it&#8217;s his phrase or his idea) often doesn&#8217;t, as I would like to put it, legislate to limit private economic power. I don&#8217;t mean anything in my argument to depend on whether &#8220;republican&#8221; democracy is in fact more redistributive than what we might call market democracy. I do mean to defend the legitimacy of such interventions in principle. Still, I do appreciate being brought back to the empirical case for mistrust of democracy and regulation as we know them. As an avowed <a href="http://www.huffingtonpost.com/jedediah-purdy/how-to-be-a-liberalconser_b_1146213.html">liberal-conservative-socialist-anarchist</a> (I suspect David and I share between 1 and 2.5 of 4 among those labels), I never object to this kind of cold water. Even so, I believe that political intervention into economic inequality is legitimate in principle and that the tendency to restrict it under the Constitution reflects the ascendancy of anti-government laissez-faire ideas, now as it did a century ago.
]]>
    </content>
</entry>

<entry>
    <title>Sturm und Drang on the Internet</title>
    <link rel="alternate" type="text/html" href="http://www.democracyjournal.org/arguments/2011/11/sturm-und-drang-on-the-internet.php" />
    <id>tag:www.democracyjournal.org,2011:/arguments//3.897</id>

    <published>2011-11-30T16:54:49Z</published>
    <updated>2011-11-30T17:37:23Z</updated>

    <summary>Polemical manifestos on behalf of sweeping notions as privacy and &#8220;publicness&#8221; do not help much. The hard work of fashioning an information environment that we are all prepared to live in will have to occur in the uncertain and ambiguous space between maximalist positions.</summary>
    <author>
        <name>James B. Rule</name>
        
    </author>
    
    <category term="privacy" label="Privacy" scheme="http://www.sixapart.com/ns/types#tag" />
    
    <content type="html" xml:lang="en" xml:base="http://www.democracyjournal.org/arguments/">
        <![CDATA[<p>A fascinating spat has blown up in recent weeks over the role of the Internet in public life. It begins with Evgeny Morozov&#8217;s October <a class=&#8220;mainbodylink&#8221; href=&#8220;http://www.tnr.com/article/books/magazine/96116/the-internet-intellectual &#8220;>review</a> in <em>The New Republic</em> of <em>Public Parts</em>, a new book by Jeff Jarvis, a TV personality, blogger, professor, and all-purpose prophet of the benefits of the Internet.</p><img alt="jeff jarvis.jpg" src="http://www.democracyjournal.org/arguments/jeff%20jarvis.jpg" width="160" height="240" class="mt-image-right" style="float: right; margin: 0 0 20px 20px;"/></p>
<p>Morozov is author of <em>The Net Delusion</em>, the widely reviewed and much-praised expos&#233 of the role of information technology in tracking and suppressing grassroots movements around the world. Published just before the so-called Arab Spring, Morozov&#8217;s closely documented work provides a counterpoint to the blandishments of social media as universal engines of democratic empowerment.</p>]]>
        <![CDATA[<p>Morozov&#8217;s review of <em>Public Parts</em> is long, detailed, and unremittingly hostile. He casts Jarvis as an archetypal &#8220;Internet intellectual&#8221;&#8212;a category of thinkers that &#8220;left unchallenged&#133;may succeed in convincing us that we do inhabit the digital wonderland of their imagination.&#8221; In their world, Morozov notes, the Internet affords a cornucopia-like flow of benefits for public life, including richer public debate, more efficient and responsive public and private institutions, and (of course) economic bounty. Morozov scores Jarvis&#8217;s paeans to &#8220;publicness&#8221; and his skepticism of privacy advocates. He takes Jarvis to task for shallowness, inconsistencies, and simplistic renditions of heavyweight thinkers from Arendt to Habermas. You begin to wonder: If the book is really this bad, why spend more than 6,000 words picking it apart?</p>
<p>Jarvis <a class &#8220;mainbodylink&#8221; href=&#8220;http://www.opendemocracy.net/jeff-jarvis/intellectuals-against-public-sphere-how-to-do-debate-better-than-evgeny-morozovs-tear-do&#8221;>fires back point-by-point</a> in similar detail and language no less extreme. Morozov&#8217;s review amounts to &#8220;character assassination,&#8221; he holds. Jarvis denies being categorically against privacy, but merely proclaims himself against &#8220;self-appointed watchdog groups, legislators, regulators, consultants, companies, and chief privacy officers&#133;&#8221; Far from trading in pronouncements that are pompous, ahistorical, and vacuous as Morozov charges, Jarvis protests, &#8220;I despise closed worlds&#8212;whether in the academe or media or government. I distrust priesthoods who would exclude others from entering their fields&#133;&#8221; And on and on, via print and electron, as others join the fray. With example piled against example and charge following counter-charge, you feel that this could go on forever&#8212;and given the articulate energies of the principals, you fear that it may.</p>
<p>What are we to make of all this? First, a reading of <em>Public Parts</em> confirms that the work is indeed target-rich. True, Jarvis&#8217;s book offers factoids that grab one&#8217;s attention&#8212;for example, his account of efforts in early-twentieth-century America to outlaw the activities of &#8220;fiendish kodakers,&#8221; i.e., reporters bent on photographing unwilling subjects with the cutting-edge information technology of the day. But overall, the attention span is short, and the analysis no more than retina-deep. The author&#8217;s self-advertisement is pervasive&#8212;perhaps in keeping with his proclaimed ethos of &#8220;publicness&#8221;&#8212;and his stance toward Internet magnates (above all Mark Zuckerberg) almost fawning. Most alarming is the &#8220;what, me worry?&#8221; attitude toward the social world emerging in concert with the Internet. &#8220;Ancient and authoritarian regimes told people what they must think and do,&#8221; Jarvis writes. &#8220;[M]odern societies enable and ennoble citizens to do what they want to do, alone and together. Publicness is a progression to greater freedom.&#8221; That will be news to the many who have taken beatings, literal and figurative, from misappropriation of their personal data by unfriendly parties ranging from identity thieves in consumer societies to the victims of political repression in Iran.</p>
<p>But even acknowledging the deficiencies of Jarvis&#8217;s book, one senses that Morozov&#8217;s relentless assault on its every detail is not the whole story of their disagreement. Like a couple who argue incessantly over every little thing, Morozov and Jarvis are actually warring about something deeper. At work here are deeply antipathetic mind-sets on the role of science and technology in human affairs that go back at least as far as the Enlightenment. At one end of the spectrum are thinkers who see in the elaboration of science&#8212;these days especially including information science&#8212;the hope of realizing all the best of human potentials. At the other are those who fear the mobilization of science and technology as central to real-life horrors ranging from mechanized death factories like Auschwitz; to unacknowledged, one-sided government and corporate surveillance over &#8220;private&#8221; life; to the devolution of public discourse into tweets and sound bites. Enlightenment visionaries like Saint Simon imagined that scientific thinking would ultimately transform matters of political conflict into scope for rationally guided administration.   By the late twentieth century, science and technology were getting much more skeptical treatment&#8212;as in Herbert Marcuse&#8217;s portrayal of them as instruments of pervasive repression. Exponents of these contending visions have about as much chance of playing nicely with each other as dogs and cats.</p>
<p>There is no sense in debating whether science and technology are ultimately life-giving forces for a better world or ultimately dangerous and destructive. Both these possibilities (and many intermediate ones) obviously play themselves out in specific settings, at specific moments. It simply doesn&#8217;t help to cast discussion in terms that sound very much like &#8220;Information technology&#8212; Whoopie!&#8221; versus &#8220;Information technology&#8212;Booo!&#8221;</p>
<p>But some debates on very big, and closely related, questions do have to be waged. These are debates on how to fashion principles of law and policy to shape the social role of science and technology&#8212;in this case, to channel the evolution of the Internet and other information technologies in directions compatible with key public values. For the most pressing of practical reasons, the public must decide what uses of information, and particularly personal information, will be encouraged, permitted, or proscribed.</p>
<p>For guidance in these matters, it will not do to invoke mantras like &#8220;Information wants to be free.&#8221; Neither &#8220;Information&#8221; nor &#8220;Technology&#8221; nor any other disembodied force offers directions for human affairs apart from the interests associated with them. The interests in play here are both disparate and contentious. We need to fashion basic grounds rules for what kinds of information are subject to what kinds of control and regulation under what sorts of circumstances. Such decision-making can only be political&#8212;in the best and broadest sense of emerging from collective soul-searching about what kind of (technologically abetted) world we want to live in. (See Rule&#8217;s &#8220;<a href="http://www.democracyjournal.org/22/the-whole-world-is-watching.php?page=all">The Whole World Is Watching,&#8221; Issue #22</a>.)</p>
<p>A perfect case in point is delineation between personal information held normally accessible as part of the public sphere versus that defined as private, a distinction often invoked in the Jarvis-Morozov dust-up. Nearly everyone must agree that such delineation is essential to any civic life worth living&#8212;and anyone who has tried to fashion a practical principle to enact it will agree that it is excruciatingly difficult to do so. People must be able to refuse others&#8217; prerogatives of recording, disseminating, and profiting from some forms of information about themselves. Yet a world where others could never compel any disclosure of personal data would be morally intolerable&#8212;as when my neighbor is reasonably suspected of carrying bubonic plague, or nuclear weapons&#8212;as well as totally unfeasible. Thus hardly anyone would challenge the prerogative of the state to station a police officer on a street corner to try to spot a wanted felon. But should the state be permitted to train face-recognition technologies on all passers-by at any (or every) street-corner&#8212;thus moving us a step toward tracking of all citizens, all of the time?</p>
<p>Clearly, answers to any such questions compel us to weigh deeply contested and ultimately unknowable dangers against equally hypothetical benefits. But as citizens of a world where information technology affords more and more such choices, we have no alternative but to take a stand&#8212;or have such choices made for us by highly interested institutional parties.</p>
<p>Polemical manifestos on behalf of such sweeping notions as privacy versus &#8220;publicness&#8221; do not help much here. Morozov and Jarvis have dug in on high ground in their dramatic and polemical face-off. But the hard work of fashioning an information environment that we are all prepared to live in will have to occur in the uncertain and ambiguous space between maximalist positions.</p>]]>
    </content>
</entry>

<entry>
    <title>Behind the Throne: Alinsky, Strauss, and the Paranoia of Influence</title>
    <link rel="alternate" type="text/html" href="http://www.democracyjournal.org/arguments/2011/11/behind-the-throne-alinsky-strauss-and-the-paranoia-of-influence.php" />
    <id>tag:www.democracyjournal.org,2011:/arguments//3.892</id>

    <published>2011-11-04T14:18:45Z</published>
    <updated>2011-11-09T15:37:51Z</updated>

    <summary>The similarities between the Saul Alinsky and Leo Strauss fixations can tell us a great deal about Americans&apos;; conflicted relationship with intellectuals in politics, our common suspicions of the presidency, and how (and how not) to be a constructive opposition party.</summary>
    <author>
        <name>Rob Goodman</name>
        
    </author>
    
    
    <content type="html" xml:lang="en" xml:base="http://www.democracyjournal.org/arguments/">
        <![CDATA[<p><img alt="Alinsky.jpg" src="http://www.democracyjournal.org/arguments/Alinsky.jpg" width="219" height="295" class="mt-image-left" style="float: left; margin: 0 20px 20px 0;" />A recent <a href="http://rightwingnews.com/bloggers-select/conservative-bloggers-select-the-25-worst-figures-in-american-history/">poll </a>asked conservative bloggers to name the most despicable men and women in American history. The top 25 villains included John Wilkes Booth, Benedict Arnold, Timothy McVeigh&#8212;and Saul Alinsky. A result like that might be dismissed as a fluke if it didn't accurately capture the state of conservative demonology. Once little-known outside the ranks of community organizers he inspired, Alinsky holds a special place in the mind of the right: the central, secret influence behind the Obama Administration.</p>]]>
        <![CDATA[<p>He is cited by name 226 times on <em>National Review</em>&#8217;s website alone. He&#8217;s made cameos in Mitt Romney&#8217;s <a href="http://www.nationalreview.com/campaign-spot/259560/mitts-joke-writers-earning-their-pay">stump speech</a>. He is the thread that ties together President Obama&#8217;s <a href="http://www.nationalreview.com/articles/228741/alinsky-does-afghanistan/andrew-c-mccarthy">Afghanistan policy</a>, <a href="http://bigjournalism.com/abreitbart/2010/04/02/barack-obamas-helter-skelter-insane-clown-posse-alinsky-planes-to-deconstruct-america/">health-care reform</a>, the media&#8217;s treatment of <a href="http://biggovernment.com/jjmnolte/2011/05/07/msm-uses-palins-own-children-as-political-weapons-against-her/">Sarah Palin</a>, the <a href="http://www.nationalreview.com/corner/168641/did-saul-alinsky-orchestrate-obama-convention/lisa-schiffren">stagecraft</a> of the 2008 Democratic convention, and much more. Wherever Obama is portrayed as conniving, transparently political, a radical in moderate&#8217;s clothing, mention of Saul Alinsky is rarely far behind.</p>

<p>It's tempting to laugh off the right&#8217;s Alinsky obsession, to place it next to Obama's mythical teleprompter dependency as a piece of infuriating, if ultimately meaningless, conspiracy theorizing. But that would be too smug.</p>

<p>Just as conservatives were contracting their Alinsky obsession, liberals were getting over a remarkably similar obsession with our own intellectual bogeyman: the philosopher Leo Strauss. During the Bush Administration, Strauss featured on the left as the founder of a <a href="http://books.google.co.nz/books?id=XTMNF_4dxU0C&pg=PA67&lpg=PA67&dq=leo+strauss+cultlike&source=bl&ots=NAA7cL1LzD&sig=ryW5_a-vt2MfMDHeeLTmuIZE5aY&hl=en&ei=Nb-gTrCsK5C0rAeOtLyLAw&sa=X&oi=book_result&ct=result&resnum=2&ved=0CCEQ6AEwAQ#v=onepage&q=leo%20strauss%20cultlike&f=false">&#8220;cultlike&#8221;</a> order of neoconservatives and ultimate source of the &#8220;noble lies&#8221; that launched the Iraq War. Last year, a Strauss-like <a href="http://www.tnr.com/blog/foreign-policy/77838/jonathan-franzen-the-iraq-war-and-leo-strauss">character</a> appeared as a hyperbolic advocate for the war in Jonathan Franzen's <em>Freedom</em>. The low point, however, was surely a 2004 <a href="http://www.nysun.com/arts/demonization-of-leo-strauss/32841/">play</a> by Tim Robbins, which depicted an onstage cabal of neocons chanting &#8220;Hail Leo Strauss&#8221; and introduced this gem of a fabricated Straussian <a href="http://www.artsjournal.com/aboutlastnight/2004/03/tt_tim_robbins_ghostwriter.html">quote</a>: &#8220;Moral virtue only exists in popular opinion where it serves the purpose of controlling the unintelligent majority.&#8221;</p>

<p>The similarities between the Alinsky and Strauss fixations can tell us a great deal about Americans' conflicted relationship with intellectuals in politics, our common suspicions of the presidency, and how (and how not) to be a constructive opposition party.</p>

<p> The fixations do start from a kernel of truth. Alinsky did preach an influential brand of activism founded on realpolitik, not appeals to idealism: As he was fond of <a href="http://www.tnr.com/article/the-agitator">reminding</a> his students, &#8220;You want to organize for power!&#8221; Obama practiced and taught Alinsky&#8217;s methods as an organizer in Chicago; Hillary Clinton made Alinsky the subject of her undergraduate thesis. On the other hand, a well-connected network of Straussians (<a href="http://www.newyorker.com/archive/2003/05/12/030512fa_fact?currentPage=all">including</a> William Kristol; Paul Wolfowitz, a former student; and Abram Shulsky, a Strauss scholar who led the Bush Pentagon&#8217;s Office of Special Plans), rose high in neoconservative circles. A number of liberal thinkers, such as <a href="http://www.nytimes.com/2004/11/28/books/review/28WOLFEL.html?pagewanted=print&position=">Alan Wolfe</a>, managed to intelligently explore Strauss&#8217;s influence without descending into hysteria.</p>

<p>In their partisan parodies, however, both thinkers are painted as masters of deception, authorities who bless lies of every kind. References to Alinsky or Strauss may add an empty show of intellectual sophistication to the usual talking points, but they can almost always be crossed out with no damage to the argument. In one typical case, an Obama <a href="http://www.nationalreview.com/articles/227500/alinsky-administration/jim-geraghty">critic</a> uses a mention of Alinsky to make the mundane sound sinister: &#8220;An Alinskyite&#8217;s core principle is to take any action that expands his power&#8221;&#8212;as if all politicians aren&#8217;t concerned with expanding political capital, and as if Alinsky himself were out for nothing more than personal power. On the other side, the last decade saw <a href="http://www.logosjournal.com/xenos.htm">claims</a> that Bush&#8217;s habitual use of terms like &#8220;regime&#8221; and &#8220;tyranny&#8221; were directly traceable to Strauss&#8217;s influence. But that&#8217;s hardly proof that Bush was invoking an entire philosophy every time he used those words.</p>

<p>As entertaining an exercise in self-righteousness as it can be, the search for hidden influences is a distraction from an opposition party&#8217;s strongest possible case. Liberal complaints about esoteric Straussians were themselves an esoteric exercise, and they did little if anything to strengthen the case against war. Inflating the power of sinister thinkers behind the throne is not just anti-intellectual. It turns the thinkers in question into flat caricatures and wipes away the complexity that makes any thinker worthy of the name&#8212;<a href="http://www.nationalreview.com/articles/243654/saul-alinsky-complicated-rebel-ronald-radosh?pg=2">ignoring</a>, for instance, that Alinsky was a strong critic of &#8220;big government&#8221; from the perspective of bottom-up organizing, or that Strauss was deeply <a href="http://www.the-american-interest.com/article.cfm?piece=166">skeptical</a> about America&#8217;s ability to promote democracy abroad. The image of two Jews exerting a shadowy power over the powerful also plays into some uncomfortable stereotypes.</p>

<p>So why does searching behind the throne <em>feel</em> so necessary to so many? I&#8217;d argue that it has to do with a sense that our leaders are unaccountable, that the decisions that matter are made somewhere out of sight, subject to pressures we can see only hazily. Sometimes this sense is unjustifiable (today it has a good deal to do with the conviction that President Obama is an alien Other), and sometimes it&#8217;s more grounded in reality&#8212;but as long as it persists, the party out of power is going to be tempted to fixate on similar villains.</p>

<p>The next time around, progressives ought to resist that temptation. There&#8217;s nothing wrong with seeking to understand the forces that shape a would-be president&#8217;s habits of thought. There's been valuable (and frightening) work done in this regard for Republican candidates from <a href="http://www.thedailybeast.com/articles/2011/08/14/dominionism-michele-bachmann-and-rick-perry-s-dangerous-religious-bond.html">Rick Perry</a> to <a href="http://www.newyorker.com/reporting/2011/08/15/110815fa_fact_lizza">Michele Bachmann</a>. But the search for influences goes too far when it makes every other decision or tic of speech the product of some invisible mastermind or other, and when the mere mention of that figure&#8217;s name is enough to generate hisses.</p>

<p>On a pragmatic level, giving in to the temptation would do little to strengthen progressives' cause, especially when we should be working to make the presidency more accountable in areas such as war-making powers and civil liberties, rather than responding to a sense of unaccountability by pointing to hidden influences with little effect. And on a principled level, progressives don&#8217;t need to parse the hidden motives or private philosophies of presidents and their circles; we ought to argue public policy on its merits, on its real effects on the Americans we want to speak for. That is, after all, our best case.</p>

<p>Photo Credit: <a href="http://www.flickr.com/photos/exposeobama/3104879196/sizes/o/in/photostream/">Floyd Brown</a></p>]]>
    </content>
</entry>

<entry>
    <title>Rigged: The Shame of State-Run Lotteries</title>
    <link rel="alternate" type="text/html" href="http://www.democracyjournal.org/arguments/2011/11/rigged-the-shame-of-state-run-lotteries.php" />
    <id>tag:www.democracyjournal.org,2011:/arguments//3.891</id>

    <published>2011-11-02T15:06:32Z</published>
    <updated>2011-11-02T17:13:56Z</updated>

    <summary>Because of the way lotteries work, the state depends not on the casual player, but on addicted gamblers. State-run lotteries are wrong because of two simple factors: who plays the lottery, and how they are encouraged to play.</summary>
    <author>
        <name>Jack Meserve</name>
        
    </author>
    
    <category term="gambling" label="Gambling" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="governance" label="governance" scheme="http://www.sixapart.com/ns/types#tag" />
    
    <content type="html" xml:lang="en" xml:base="http://www.democracyjournal.org/arguments/">
        <![CDATA[<p><a href="http://www.democracyjournal.org/arguments/Lotto%20Ticket.jpg"><img alt="Lotto Ticket.jpg" src="http://www.democracyjournal.org/arguments/assets_c/2011/11/Lotto Ticket-thumb-275x416-200.jpg" width="137.5" height="208" class="mt-image-right" style="float: right; margin: 0 0 20px 20px;" /></a>Here&#8217;s a riddle: At the grocery store, what product is sold by the government, used by half of all Americans, and yields more than $50 billion in revenue a year? It&#8217;s not milk, eggs, or bread. And stamps don&#8217;t make that much money, or the post office wouldn&#8217;t be in such trouble.</p>]]>
        <![CDATA[<p>No, it&#8217;s lottery tickets, and they&#8217;re arguably worse for you than the fattiest junk food in the store. But debates on state-run lotteries are rare, because craven state-level politicians of both parties depend on the revenue. And because of the way this industry works, what that really means is that the state depends not on the casual player, but on addicted gamblers. State-run lotteries&#8212;and scratch-off tickets and the like&#8212;are wrong because of two simple factors: who plays the lottery, and how they are encouraged to play.</p>

<p>Lotteries' revenue is consistent with the <a href="http://en.wikipedia.org/wiki/Pareto_principle">Pareto principle</a>, which in this context states that 80 percent of total profit often comes from roughly the top 20 percent of consumers. For most businesses, this is intuitive and unproblematic. A bookstore depends on avid readers, a stereo shop on audiophiles, and so on. But when it comes to vices&#8212;especially state-sponsored vices&#8212;we need to be more squeamish. </p>

<p>A widely-cited 1999<a href="http://govinfo.library.unt.edu/ngisc/reports/lotfinal.pdf"> Duke study</a> determined the demographics of this top 20 percent, and the results are disturbing. African Americans comprised 25.4 percent of the heaviest players, even though they make up only 12.2 percent of the country. High school dropouts were 20.3 percent, but 12.3 percent of the country. Those with household incomes under $10,000 are 5 percent of citizens, but 10 percent of the heaviest players. The practical impact? Lottery players who were high school dropouts spent $700 a year on the lottery on average. Those with yearly household incomes under $10,000 spent nearly $600. These are the players on which lotteries rely.</p>

<p>State governments encourage this level of gambling with marketing campaigns unlike that of any other government service. Residents of New York in the 1990s will still remember the slick, &#8220;Hey, You Never Know&#8221; ad campaigns. My own grocery store&#8217;s lottery kiosk is a shining blue, with the giant (and slightly desperate) marquee &#8220;Lots Of People Win.&#8221;  </p>

<p>Governors and legislatures defend these lotteries with disingenuousness at best and shameful self-interest at worst. Many lotteries &#8220;earmark&#8221; the funds toward popular programs&#8212;education the most prominent example. But while <a href=www-siepr.stanford.edu/papers/pdf/02-19.pdf">studies</a> have <a href="http://www.mitpressjournals.org/doi/abs/10.1162/edfp.2007.2.1.40">found</a> that earmarked funds do increase education funding, it&#8217;s virtually never at the amount advertised. Lawmakers anticipate the revenue increase and <a href="http://www.jstor.org/pss/40704169">divert</a> funds from the earmarked program to others. </p>

<p>An argument familiar to those in states that have recently legalized lotteries is that &#8220;the state next door is taking our money.&#8221; The reasoning goes that, if an adjacent state has a lottery, that state will &#8220;take&#8221; the home state&#8217;s revenue. This is persuasive at first blush, but it&#8217;s really a race-to-the-bottom technique masquerading as pragmatism. In reality, the amount of funds lost to people who live near the border and play in other states is small enough that it could be raised in countless ways.</p>

<p>Indeed, possibly the saddest aspect of most state lotteries is that the revenue really is not vital. It&#8217;s simply preferred because it&#8217;s yet another way (with fees, surcharges, and other gimmicks) of raising money without &#8220;raising taxes.&#8221; In fact, the National Conference of State Legislatures <a href="http://www.ncsl.org/default.aspx?tabid=12745">found</a> that lottery proceeds constituted only 0.95 percent of net state revenue in 2006&#8212;&#8220;less than the revenue from motor vehicle license taxes.&#8221; </p>

<p>Truthfully, for lawmakers whose goal is to extract as much money as possible, no alternative will be preferable to what&#8217;s in place. But alternatives do exist: return to an illegal lottery; legalize and tax lotteries; or split the difference by allowing lotteries that provide solely for charities or other efforts in the public good.</p>

<p>Criminalizing lotteries would return us to the status quo until the mid-1960s. In those days, people with gambling itches often played in underground &#8220;numbers games.&#8221; UCLA Professor Mark Kleiman has <a href="http://bloggingheads.tv/diavlogs/37193?in=09:44&out=10:37">argued</a> that these games caused much less harm than modern government lotteries do. Black markets can&#8217;t advertise on television or erect kiosks in grocery stores, and therefore would not take in anywhere near the sum state-run lotteries do. Many liberals, though, have become uncomfortable criminalizing activities whose only victim is one&#8217;s wallet (although this is the policy toward casinos in most states).</p>

<p>A second option, then, would be to legalize all lotteries and tax them as we do most other vices. Practically, this would probably have the least impact on consumers. Prices would probably drop, because the states&#8217; monopolies allow them to charge prices with massive profit margins, which a private market would undercut. States could then tax these private lotteries to make up the revenue. Allowing a citizen to purchase a vice disincentivized through taxation is far preferable to the government actually selling that product.</p>

<p>Finally, a third option would be to carve out exemptions for charities or non-profits. For instance, the Heart & Stroke Foundation of Ontario runs a $2 million lottery. An idea with a similar motivation has been <a href="http://www.freakonomics.com/2010/11/18/freakonomics-radio-could-a-lottery-be-the-answer-to-americas-poor-savings-rate/">advocated</a> by Stephen Dubner of <em>Freakonomics</em> fame: the &#8220;no-lose&#8221; lottery. Implemented in Michigan, the idea is that you deposit money in a participating bank or credit union, which then uses the combined interest to pay out lottery-like prizes, even though the player didn&#8217;t actually spend anything. Why hasn&#8217;t this been implemented more? It&#8217;s illegal in most states, because it would be competition.<br />
	<br />
Lotteries are bitter policy pills, because while it&#8217;s unlikely they&#8217;ll be repealed absent a major scandal, it&#8217;s not an exaggeration to say that no political ideology should support them. Conservatives and libertarians are against government programs, and especially against raising more revenue. It&#8217;s hard to imagine a principled conservative thinking a state monopoly whose sole purpose is to generate money is a good idea. Progressives, on the other hand, are adamant that protection of the poor and minorities is a responsibility of government, and that revenue should be raised by progressive means. But lotteries are terribly regressive, and actually rely on money from disadvantaged groups. Even though collecting revenue is important, we should remember that money is a means, common welfare the end&#8212;not the reverse.</p>

<p>Photo Credit: <a href="http://www.flickr.com/photos/dex1138/6182540087/sizes/m/in/photostream/">Dex1138</a></p>]]>
    </content>
</entry>

<entry>
    <title>Occupy Wall Street and America&apos;s Democratic Tradition</title>
    <link rel="alternate" type="text/html" href="http://www.democracyjournal.org/arguments/2011/10/occupy-wall-street-and-americas-democratic-tradition.php" />
    <id>tag:www.democracyjournal.org,2011:/arguments//3.890</id>

    <published>2011-10-27T16:59:38Z</published>
    <updated>2011-10-27T17:58:15Z</updated>

    <summary>For decades, we have focused on extending liberty in the realm of the marketplace, but this has come at the expense of democratic equality. There was a time when our government approached economic policies with a dual bottom line: Policies were meant to create not only competitiveness, but also social well-being.</summary>
    <author>
        <name>Amy Dean</name>
        
    </author>
    
    <category term="occupywallstreet" label="Occupy Wall Street" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="protests" label="Protests" scheme="http://www.sixapart.com/ns/types#tag" />
    
    <content type="html" xml:lang="en" xml:base="http://www.democracyjournal.org/arguments/">
        <![CDATA[<p><a href="http://www.democracyjournal.org/arguments/OWS%20Protest%203.jpg"><img alt="OWS Protest 3.jpg" src="http://www.democracyjournal.org/arguments/assets_c/2011/10/OWS Protest 3-thumb-375x222-197.jpg" width="350" height="205" class="mt-image-left" style="float: left; margin: 0 20px 20px 0;" /></a>I was recently talking with some friends who work at the Chicago Board of Trade. Hearing the opinions voiced by Occupy Wall Street protesters, the traders agreed that they&#8217;d seen disturbing changes within their industry. While they might have written off criticisms 15 years ago, they&#8217;ve since watched the financial sector become more and more based on speculative gambling&#8212;with people trying to make profits by moving money around rather than by supporting real economic activity. To a surprising degree, my friends were willing to consent that the system has grown bankrupt. Yet, while they share some of the activists&#8217; criticisms, they don&#8217;t like the street protests and are doubtful that the occupations will help our democracy.</p>]]>
        <![CDATA[<p>I have been sympathetic to their concerns, but I ultimately disagree with their assessment of the protests&#8217; importance. Occupy Wall Street is rooted in a deep tension in American life. In <em>Democracy in America</em>, Alexis de Tocqueville illuminated how the conflict between equality and liberty is at the center of the American political drama. That we are now having an open and spirited debate about the optimal balance between these two values is a crucial, and welcome, development.</p>

<p>For decades, we have focused on extending liberty in the realm of the marketplace, but this has come at the expense of democratic equality. There was a time when our government approached economic policies with a dual bottom line: Policies were meant to create not only competitiveness, but also social well-being. In recent decades, however, our policy-makers have shifted to pursuing competitiveness as an end in itself, without regard for social benefit. As a result, we now witness a failure to create broadly shared prosperity&#8212;a failure that takes the form of glaring inequalities of wealth.</p>

<p>But there&#8217;s been a failure in our politics as well. Our system has too often failed to include the voices of working- and middle-class Americans as part of the discussion, privileging the political speech of the wealthy. As Harold Meyerson <a href="http://www.washingtonpost.com/opinions/how-politicians-can-kick-the-wall-street-habit/2011/10/11/gIQAVbhddL_story.html">recently asked</a> in <em>The Washington Post</em>:</p>

<blockquote><p>After all, did the financial deregulation of the past two decades get enacted on its merits, or because of the campaign contributions and lobbying prowess of the financial sector? The 1999 repeal of the Glass-Steagall Act, which had kept federally insured commercial banks separate from investment and speculator banks, didn&#8217;t happen because speculative banking had suddenly become safe. It happened because Citibank and other institutions made mega-campaign contributions and lobbied ferociously for repeal. The Commodities Futures Modernization Act of 2000, which deregulated derivatives, was enacted because the leading banks believed they could make untold profits if it passed. And because they did indeed make untold profits&#8212;in the past decade, banks&#8217; gains reached 41 percent of all the corporate profits in America&#8212;they had even more money with which to influence our lawmakers. </p></blockquote>

<p>Americans are not only feeling a financial pinch; they&#8217;re feeling disenfranchised. We have experienced cuts to the welfare state for decades. But what we saw in Wisconsin and other state-level fights in early 2011 was that when Republican governors coupled further rollbacks in social services and decreases in education funding with attacks on some of the few remaining middle-class jobs in America, it created a level of insecurity that drove people&#8212;in numbers rarely seen&#8212;to voice their concerns outside of an electoral framework. These people used protests because the more traditional channels of democracy seemed blocked to all except those who could afford high-priced lobbyists. The same lack of democratic equality gave rise to Occupy Wall Street, and it will continue to motivate protests for as long as it persists.</p>

<p>Even within the business world, a variety of figures have recognized the imbalance. Henry Blodget, CEO and editor-in-chief of Business Insider, <a href="http://www.businessinsider.com/here-are-the-four-charts-that-explain-what-the-protesters-are-angry-about-2011-10#ixzz1bH65MCUu">argues</a>, &#8220;Importantly, the inequality that has developed in the economy over the past couple of decades is not just a moral issue. It's a practical one. It is, as sociologists might say, &#8220;de-stabilizing.&#8221; It leads directly to the sort of social unrest that we're seeing right now.&#8221; Meanwhile, Laurence D. Fink, Chief Executive of BlackRock, <a href="http://www.thestreet.com/story/11273789/1/occupy-wall-street-draws-star-supporters.html">states</a> of Occupy Wall Street, &#8220;These are not lazy people sitting around looking for something to do. We have people losing hope and they're going into the street, whether it's justified or not.&#8221; And for his part, Vikram Pandit, chief executive officer of Citigroup, <a href="http://www.businessweek.com/news/2011-10-12/pandit-says-he-d-be-happy-to-talk-with-wall-street-protesters.html">says</a>: &#8220;[These protests are] completely understandable. Trust has been broken between financial institutions and the citizens of the U.S., and that is Wall Street&#8217;s job, to reach out to Main Street and rebuild that trust.&#8221;</p>

<p>Historically, social movements have often been unpopular&#8212;and yet they&#8217;ve made important contributions to American politics. When viewed in hindsight, many protest movements once thought to be too unfocused, unkempt, or unruly ended up securing gains that are now taken for granted in our society.</p>

<p>While some observers may feel disappointed or confused by the message coming out of Occupy Wall Street, we should recognize that social change is a messy process. During the 1930s, those opposed to such measures as social security and labor rights frequently denounced those pushing for changes as dangerous Bolsheviks. Historian Kim Phillips-Fein notes that William Clinton Mullendore, president of the Southern California Edison Company and an influential conservative thinker, argued in 1931 against that era&#8217;s reformers, &#8220;[Those stirring up &#8216;trouble&#8217; are] apostles of hatred.&#8221;</p> 

<p>Yet in the end the social movement activism derided by establishment figures proved essential to creating the political climate necessary for change. Labor unionists and others speaking out made the reforms of the New Deal possible and paved the way for the growth of the American middle class in the post-World War II period. Few can argue today that this wasn&#8217;t a good thing for our country.</p> 

<p>What&#8217;s at stake now is the health of our democracy. When a disproportionate number of Americans feel disenfranchised, it weakens the social fabric of our country. We see this in the ever-more-acrimonious clashes displayed on cable news. Will Occupy Wall Street, like New Deal-era activism, be viewed in retrospect as effectively pushing our political debate in a healthier direction? This remains to be seen. But it is clear that a renewed drive to again create shared prosperity in our economy and democratic equality in our politics is long overdue.</p>

<p>Photo Credit: <a href="http://www.flickr.com/photos/shankbone/6157428193/sizes/m/in/photostream/">david_shankbone</a><br />
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