Quick hits (part II)

1) EJ Dionne with the (I think) reasonable, middle-course on the impeachment issue:

This means the House Judiciary, Intelligence, and Oversight and Reform committees should and will begin inquiries immediately. Judiciary Committee Chairman Jerrold Nadler (D-N.Y.) took the first step on Friday by subpoenaing the full, unredacted Mueller report, which the administration immediately resisted. Mueller himself has rightly been asked to appear before both Judiciary and Intelligence.

Nothing is gained by labeling these initial hearings and document requests part of an “impeachment” process. But impeachment should remain on the table. Because Trump and Barr will resist all accountability, preserving the right to take formal steps toward impeachment will strengthen the Democrats’ legal arguments that they have a right to information that Trump would prefer to deep-six.

For now, it’s useful for Democrats such as Sen. Elizabeth Warren (Mass.) to underscore the outrageousness of the abuses Mueller found by calling for impeachment while Democrats in charge of the inquiries such as Nadler and Rep. Adam B. Schiff (Calif.), chair of the House Intelligence Committee, say, as both did on Sunday, they’ll reserve judgment while they sift through the facts…

Of course, Trump is not the only issue in politics. Democratic presidential candidates are already out there focusing on health care, climate, economic justice and political reform. The House can continue other work while the investigators do their jobs.

In an ideal world, the corruption and deceitfulness Mueller catalogued would already have Trump flying off to one of his golf resorts for good. But we do not live in such a world. Defending democratic values and republican government requires fearlessness. It also takes patience.

2) Pretty interesting research from our NCSU MPA director who’s office is across the hall from me:

The debate over tax incentives usually centers on whether they lead to job creation and other economic benefits. But governments must also pay attention to their own bottom lines. This begs the question: How do all the financial incentives that states offer actually influence fiscal health?

New research seeks to answer that question. Using data from the W.E. Upjohn Institute for Employment Research, researchers at North Carolina State University tallied all incentives offered by 32 states from 1990 to 2015, effectively covering 90 percent of incentives nationally. What they found doesn’t portray incentives in a positive light. Most of the programs they looked at — investment tax credits, property tax abatements, and tax credits for research and development — were linked with worse overall fiscal health for the jurisdiction that enacted them.

“It’s not that incentives are bad or that we shouldn’t use incentives,” says Bruce McDonald, an NC State associate professor who led the research team. “But if a state or local government is going to provide an incentive, there needs to be some kind of clarity on what the realistic expectations are for what they might get back.”

3) San Francisco has been trying to use school choice to desegregate its schools.  It’s not working.

4) Seth Masket has been interviewing Democratic activists in early-primary states.  They are no fans of Joe Biden.

5) Elizabeth Drew on “The Danger in Not Impeaching Trump”

The principal challenge facing the Democrats is that they’ll have to answer to history. The founders put the impeachment clause in the Constitution to allow Congress to hold accountable, between elections, a president who’s abusing power. They specified that “high crimes and misdemeanors” are not necessarily crimes on the books but arise from the singular power of the presidency.

It’s of course politically easier to go after a president for having committed a crime — for example, perjury, for which President Bill Clinton was ostensibly impeached. But that was because the House Republicans didn’t want to say out loud what they were actually going after him for: extramarital sex with an intern in the study next door to the Oval Office.

Many people are getting their history and their definition of impeachment wrong by asserting that what forced Nixon to resign was the revelation in August 1974, very late in the process, of a recording of his trying to obstruct justice. This leads them to the erroneous conclusion that it’s essential to find a “smoking gun” to impeach a president.

In fact, even before that tape was released, the House Judiciary Committee had already approved three articles of impeachment against Nixon. It was widely understood that opinion had moved so strongly against him that the House would approve those articles and the Senate would vote to convict Nixon on those grounds. The tape simply hastened the finale.

By far the most important article of impeachment approved by the House committee on a bipartisan basis was Article II, which called for the punishment of Nixon for abusing presidential power by using the executive agencies (such as the Internal Revenue Service) to punish his enemies and for failing to uphold the oath of office to “take care that the laws be faithfully executed.” It also said, significantly, that a president could be held accountable for a pattern of abusive or even illegal behavior by his aides.

Madison and Hamilton didn’t say anything about holding off on impeachment because it would be politically risky. It’s hard to imagine they’d put political convenience on the same footing as the security of the Constitution. And the Democrats who prefer to substitute the 2020 election for an impeachment fight don’t appear to have considered the implications if Mr. Trump were to win: Would that not condone his constitutional abuses and encourage his authoritarian instincts? [emphases mine]

6) And Danielle Allen writes, “What Alexander Hamilton would say about the Mueller report”

To quote the Mueller report: “The President has no more right than other citizens to impede official proceedings by corruptly influencing witness testimony.” In addition, the president bears a second burden of personal responsibility — not merely to execute the powers of his office (for instance, hiring and firing) but also to execute those powers “faithfully.”

That question of faithfulness is what Hamilton had in mind when he referred to the “delicate and important circumstance of personal responsibility.” The constitutional apparatus gave to Congress the power and responsibility of addressing that delicate matter. The most important question now before us is whether Congress will use its power — and indeed, rebuild it after a period of decline — to reinforce two core principles of the Constitution: that the president is not above the law and that he or she should be held to a standard of faithfulness.

Hamilton was one of the leading architects of an energetic presidency and was also the person who was therefore most obliged to explain to the public how the country could be assured that such energy would not be misused. A key difference between the British crown and the new American president, he twice insisted in the Federalist Papers, was that the “person of the king of Great Britain is sacred and inviolable; there is no constitutional tribunal to which he is amenable.” In contrast, the president was “at all times liable to impeachment, trial, dismission from office, incapacity to serve in any other, and to forfeiture of life and estate by subsequent prosecution in the common course of law.” The result of this was that, “In the only instances in which the abuse of the executive authority was materially to be feared, the Chief Magistrate of the United States would, by that plan, be subjected to the control of a branch of the legislative body. What more could be desired by an enlightened and reasonable people?”

Above all, what was materially to be feared was that the president would exercise the powers of his office not faithfully but corruptly. He would use lawful powers — again, say, hiring and firing — not for public good, but personal gain.

7) Law professor argues that Mueller did “prove” a Trump conspiracy in Russia.  And, basically, if you use the civil standard of “preponderance of the evidence” rather than the criminal “beyond a reasonable doubt” that’s a pretty fair claim.  And there’s a good argument to be made that impeachment should use that lower standard.

8) It’s really just disgusting how Republicans are trying to do everything they possibly can to maintain unfair electoral advantages:

LAST NOVEMBER, Missouri was one of a handful of states in which voters decided to limit politicians’ power over redistricting, the decennial process in which political boundaries are drawn, because allowing politicians to choose their own voters has become an increasingly corrupt exercise. Now, Missouri Republicans, who have a lock on the state’s legislature and stand to lose some control under the new system, are trying to roll back the reform, insisting that voters were tricked into approving it.

Their cynical maneuver represents another new low in the steady Republican undermining of democracy through false claims of voter fraud, restrictions on voting and other tactics. The Supreme Court, deliberating on whether politicians can be trusted not to deprive voters of their rights through extreme gerrymandering, should take note.

Missouri voters approved a plan that would rely on a professional state demographer to draw lines that would not be warped in favor of one party or another. It was not perfect, but it was better than what Republicans wanted: a system in which the parties have more control — and in which partisan fairness is not a focus. More to the point: Once Missourians embraced a different approach, the debate should have been over. Nevertheless, with supermajorities in both chambers of the statehouse, the GOP can ram the plan through…

Over the years, both parties have angled for advantage in the political line-drawing process and in other areas of election administration. But Republicans have taken the practice to extremes. They heavily gerrymandered political maps in North Carolina and Wisconsin, discouraged voting among Democratic-leaning groups through a war on phantom voter fraud, limited weekend voting and closed voting places in areas where many Democrats live. Where their deck-stacking was not enough to keep them in power, they have undermined the Democrats who beat them, removing power from incoming Democratic governors and state attorneys general.

Meanwhile, as Missouri lawmakers debate their rollback, Texas Republicans are moving to treat mistakes on voter-registration forms as felony offenses that could bring jail time and to discourage people from casting provisional ballots, NPR reported. Tennessee Republicans want to heavily fine groups that turn in improperly filled-in voter-registration forms. Arizona Republicans would cut voters from the mail-in ballot rolls if they do not vote in two successive elections. All of these will help dampen the vote in a country that already suffers from low participation.

9) Catherine Rampell, “Warren’s free-college-and-debt-forgiveness plan may be liberal, but it isn’t progressive.”  There was a pretty good on-line twitter debate on this as it does take its funding from the wealthiest Americans, but there’s also a good case to be made that too much benefit goes to already advantaged middle/upper-middle class.  But, then again, investing in human capital through college degrees.  Honestly, not quite sure what the approach should be here.

10) Conservative writer argues that air pollution regulations show the folly and pointlessness of regulation.  Drum shows that he’s wrong. Yay, regulation.

11) Krugman on “survival of the wrongest”

Evidence has a well-known liberal bias. And that, presumably, is why conservatives prefer “experts” who not only consistently get things wrong, but refuse to admit or learn from their mistakes.

There has been a lot of commentary about Stephen Moore, the man Donald Trump wants to put on the Fed’s Board of Governors. It turns out that he has a lot of personal baggage: He was held in contempt of court for failing to pay alimony and child support, and his past writings show an extraordinary degree of misogyny. He misstates facts so much that one newspaper editor vowed never to publish him again, and he has been caught outright lying about his past support for a gold standard. Oh, and he has described the cities of the U.S. heartland as “armpits of America.”…

Second, the people who got it wrong were if anything rewarded for their errors. Moore was wrong about everything during the financial crisis; he remained a fixture on the right-wing conference circuit, and in 2014 the Heritage Foundation appointed him as its chief economist. Kudlow, who dismissed those warning about the housing bubble as “bubbleheads,” and warned about looming inflation in the depths of recession, also remained a right-wing favorite – and is now the Trump administration’s chief economist.

So the attempt to install Moore at the Fed is right in character. And let’s be clear: The issue is not simply one of having made some bad forecasts. Everyone does that now and then. It’s about being consistently wrong about everything, and refusing to learn from error.

12) I really have to question the wisdom of experts who tell us that babies are literally not supposed to sleep well.  When we let our babies sleep on their stomachs, believe me, it was not about sleeping through the night, it was about getting any decent periods of sleep at all.  The idea that a infant sleeping not on its back will sleep way too long and therefore not get proper nutrition, I suspect, lacks any empirical evidence.

A paradox of the Rock ’n Play, and of infant “sleep aides” and “sleep guides” in general, is that, to some extent, these products are intended to solve a problem that should not be solved. No infant should sleep all night long, on an incline of any degree, because she needs to eat every few hours; what’s more, a baby who sleeps poorly when flat on her back—which is to say, many or most babies—is also a baby who is at lower risk for Sudden Infant Death Syndrome, or sids. (sids deaths fell precipitously after 1992, when the A.A.P. issued its flat-on-your-back sleep guidelines.) “Babies are not supposed to sleep through the night,” Rachel Moon, the chair of the A.A.P. Task Force on sids, told me. “Putting a baby on her stomach, and all these things to make babies ‘sleep better,’ quote-unquote, are dangerous because they make babies sleep more deeply, and, with sids, when they sleep more deeply, they can’t wake up.” Moon added that infant sleep is regarded as much more of a crisis in the U.S. than in any other country, owing to a lack of both paid parental leave and extended-family support networks. “When they have to get up in the morning and function for work, of course mothers and fathers get desperate for sleep,” she said.

 

 

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