Courts, Schools and Politics

 

schoolhouses

Last week, I attended a session of the Pennsylvania Supreme Court.  The case I heard asserted that the way in which the State funds public education violates Pennsylvania’s constitution.  Similar tests in other states challenging large disparities in the resources available to students depending on what school they attend have resulted in a wide variety of outcomes.

There are compelling philosophical and political arguments in favor of doing whatever it takes to ensure that all students, regardless of the zip code in which they live or their family circumstances, get a quality education.  We may differ about exactly what that phrase means and about the best way to achieve it, but it should be a goal that unites us.

The public rhetoric in this country is overwhelming pro-education.  Presidents like to be seen as education supporters.  So do governors.  So do candidates running for office.  What  makes the argument even more significant is the growing realization that we live in an interdependent world in which our competitors are global, not just local.  Additionally, schools need to prepare students for jobs that require a higher level of skill than they did in the past.

As good a game as we talk, however, our commitment to the “walk” has been disappointing.  Comparisons on internationals tests have shown that we’re not number one.  Employers in this country often complain about the lack of basic skills among job applicants.  And, most relevant to the court cases, there are significant gaps in educational achievement across the country.

Public education in the United States has for much of its history been seen as a local responsibility.  Deference to local control is an article of faith in most debates about schools.  And, for many years, local control brought with it the full burden of financing public schools, usually through local property taxes.  Over time, states have taken on an increased share of that burden, albeit with significant difference in both the amount and the method of distributing those funds.

Two states with which I am most familiar illustrate those differences.  In Maryland, a school funding formula was first established in the 1970s.  Originally known as the Lee-Mauer formula, it has regularly been updated to take account of the need for increased levels of state support and adjustments to the distribution mechanism.  The most recent review is now underway by a commission chaired by former University System of Maryland Chancellor Brit Kirwan.

Maryland’s approach takes into account the local wealth of jurisdictions in allocating funds as well as calculating what level of support is needed to achieve the desired educational outcomes.  While it’s not a perfect system, it’s hardly coincidence that Maryland consistently ranks near the top in national comparisons of state educational performance.

Pennsylvania is a different story.  There is no statutory requirement for school funding.  Instead, the annual budget depends on what the Governor and the State legislature can agree to appropriate.  Under the previous administration of Republican Tom Corbett, state support for public schools was drastically reduced.  Funds have too often been allocated on the basis of political decisions rather than educational ones.  Moreover, with far more school districts than in Maryland, the differences in spending when  local and state funds are combined are often stunning.

The essence of the case before the Pennsylvania Supreme Court is that the State is not fulfilling its own constitutional obligation to provide a “thorough and efficient” system of public education.  While factual support for that contention can be demonstrated by the budget disparities among school districts, the resources available depending on what school a student attends, and enormous variations in educational outcomes, the case I listened to addressed those issues only in passing.

That is because what the Supreme Court was really being asked to decide is whether the question of funding of public schools was one that could even be reviewed by the courts.  The plaintiffs in the case had the challenge of responding to the argument that the issue constitutes a “political question”, one that can be resolved only by the executive and legislative branches of government.

It was clear listening to the questions from the Court that a number of the justices were sympathetic to the “political question” argument.  Why get into a dispute for which there are no clear judicial guidelines for  resolution?  Why put the Court in the position of having to issue an order to a co-equal branch of state government that it wouldn’t be able to enforce?   Why run the risk, as has happened in other states, of taking on a dispute that would drag on for years with frequent appeals from each party?

The other side of that question just as clearly appealed to other of the justices.  Is lack of equal access to a quality education an injustice without a remedy?  Is the Court willing to accept the contention by a lawyer for the State that Pennsylvania satisfies its constitutional obligation merely by providing enough funding to open the school doors?  Is the Court bound by previous practices and interpretations of the Constitution’s education clause or does it have the ability to respond to changing circumstances?  The Connecticut Supreme Court came down decisively on this side of the argument in a ruling last week.

Any lawyer reading this blog will immediately be able to point out that the cases is more complicated than I have described.  Of course it is.  Those legal briefs go on for pages to say nothing of the footnotes.

However, any fair observer in court that day would have concluded that this is a dispute that has two sides.  One, which certainly may prevail, is that the court has no business getting involved.  Even if the Governor and Legislature are not doing a particularly good job of responding to the educational needs of students in Pennsylvania, there’s nothing a court can or should do about it.

Alternatively,  as the plaintiffs , representing students,  parents and school districts, argue, they should at least be given the opportunity to present their arguments in front of a court.  Given the fundamental importance of education in today’s world, is the right approach to duck the question by hiding behind procedural excuses?  We’ve seen more than enough of that behavior from our Congressional representatives in Washington.  Politics as usual isn’t serving us well.  The Pennsylvania Supreme Court doesn’t need to get caught in that quagmire.

 

21st Century Campaigns, 20th Century Media

trumplauer_590

Matt Lauer’s embarrassingly bad performance as moderator of last week’s so-called Commander-in-Chief forum highlighted a recurring problem in this year’s Presidential Election. It is true that Lauer is not really a journalist and can’t be taken as representative of all reporters.  Nonetheless, it is equally true that the media has often fallen short in its role of informing and enlightening the public about the two candidates seeking to become the next President.

This is in many ways a presidential election unlike any we have ever had before. One candidate is a pathological liar and the other is a woman.  Some members of the media have not adjusted well to these new challenges.  Too many reporters have been striving for an unwarranted mechanical balance in their coverage.  Others keep getting manipulated.  And some, consciously or unconsciously, betray a deeply ingrained sexism.

Donald Trump’s willingness to continuously repeat allegations shown over and over again to be false shouldn’t be that much of a challenge for reporters. But apparently it is.  Lauer blew an easy and predictable opportunity to call Trump on his assertion that he had never supported the invasion of Iraq in 2003.

Chris Wallace, who will moderate the Third Presidential Debate, has already announced that he doesn’t see his job as being a truth squad. Does that mean he views his role as just an empty conduit who brings no knowledge or expertise to the evening?  A robot could be programmed to ask questions and replace Wallace on the stage.

Trump’s unprecedented approach to campaigning helps explain why the press struggled early in the primary process, but they have had enough time to get their act together.   Too often, he has been allowed, without challenge, to lie, to throw out vague generalities without detail and to make slanderous assertions attributable to “someone.”   Some reporters act as if they are scared of Trump.

Another part of the problem is sexism.  Hillary Clinton has clearly been held to a different standard because she is a woman.  Frank Bruni of the New York Times wrote a blunt column describing the unevenness of the coverage, but he stands almost alone in pointing it out.  What she wears and what her voice sounds like may be relatively trivial examples, but they represent an underlying mind-set which helps illustrate the differences in her coverage from Trump’s.

There are too many examples.  Why is the press still repeating unfounded claims about Benghazi while Trump’s record of racial discrimination in housing that he owned gets little attention?  Why is the Clinton Foundation described in terms of unsubstantiated allegations about corruption while an apparent bribe to the Florida Secretary of State from Trump receives almost no coverage?  Following Clinton’s diagnosis of pneumonia over the weekend, will reporters demand access to Trump’s health records?

Too often  journalists fall prey to the siren call of false equivalency.  If Trump makes some outlandish claim, the press feels the need to point out that Clinton once said something similar.  The pseudo-professional standard of balance has distorted the goal of seeking the truth.

Trump has run a campaign almost totally devoid of substance or detail.  Clinton has released numerous position papers and demonstrates a mastery of public policy that is wonkish at times.  Yet, the press treats their command of the key challenges facing the country as if there is little difference between them.

Lauer, who apparently is not conversant in current affairs, spent an inordinate amount of time at the Forum on Clinton’s emails.  While I concur that her public discussion of the server decision and the handling of emails has often been convoluted and even deceptive, we now know an awful lot about it and can make our own judgments.  As both Bernie Sanders and the Washington Post have argued, the press has gone overboard on this issue.  Let’s give this story a decent burial and move on.

Why didn’t the media spend an equal amount of time and effort asking about Trump University? Has Trump been challenged about the reports of students racking up debt without gaining either knowledge or credit? There have been a couple of brief flurries of interest, but nothing resembling the attention paid to Clinton’s emails.

Significantly, we still don’t have Trump’s tax returns, detailed information about his foundation or his claimed charitable contributions. Perhaps most ominously, we have had no serious inquiry into his business dealings in Russia.  I for one am eagerly awaiting the drumbeat of incessant questions to him about these topics.

Trump, for too many members of the press, is treated as more celebrity and entertainer than possible president.  He is constantly given the benefit of the doubt as a political newcomer.  Trump’s stunning ignorance about the world is not highlighted.  His praise of Vladimir Putin offers a disturbing insight into his values which warrants close attention from the press.  So far, however, the press has treated it as more a curious oddity than as a revelation about his character or his patriotism.

Soon we will have the Presidential Debates to capture our attention.  While the moderators should have no trouble exceeding the “Lauer Standard”, they still will have a challenging job.  Trump, during the Republican debates, ignored time limits, felt totally unconstrained by any specific question, and engaged in ad hominem attacks on his opponents.  If the moderators allow him to continue that behavior in the debates, the losers will be the American people.  Moreover,a growing disgust with politics–a pox on all of their houses–benefits Trump if it reduces voter turnout.

Notwithstanding Wallace’s personal standards, the press must do more than be disengaged questioners or passive observers.  I realize that none of them want to be the main story, but look at how Lauer in fact became the headline by his inept performance.  Debates should not be cage wrestling matches or free-for-alls.  Those tell us nothing about how the candidates would handle the job of being president.  A moderator must moderate, keep control, enforce the rules and push candidates to respond to questions.

The press needs to do better than it has so far in the 2016 campaign.  I realize that being well-informed doesn’t necessarily lead to wise decisions, but being ill-informed almost guarantees bad outcomes.  In this time of venerating the Founders of our political system, it’s worth remembering that Thomas Jefferson’s vigorous defense of freedom of the press was based on his belief that it would lead to a well-informed public.  This year seems to be testing both sides of that proposition.

 

School Days

summer be summer

Last Wednesday, Governor Larry Hogan and Comptroller Peter Franchot traveled to Ocean City to hold a press conference.  Marching under Franchot’s banner of “Let Summer be Summer”, Hogan announced his intention to issue an Executive Order mandating that all 24 school districts in Maryland begin their academic year after Labor Day starting in 2017.

It is an objective that Franchot has been pursuing without success for several years.  Now it appears that he has an enthusiastic partner in Hogan.  Earlier last week the Comptroller, in touting the idea, observed that he had not found anyone who was opposed to the move.

That bit of spin was quickly undone by pushback from a number of quarters including: a Baltimore Sun Editorial, “Labor Day Madness”; a Washington Post Editorial, “Starting School after Labor Day will hurt Maryland Students”; and a Sun op/ed by Maryland Delegate Eric Luedtke, “Hogan and Franchot: Profiles in Pandering.”

There are, to be sure, supporters, including Ocean City merchants and some parents of school age kids who have publicly joined the effort.  You can also find lively discussions, both pro and con, about the proposal on Facebook, although those exchanges tend to sound like echo chambers.

It’s important to recognize that this initiative has nothing to do with improving the quality of education in Maryland.  Neither Hogan nor Franchot has demonstrated any particular commitment to public education.  Hogan keeps asserting that he has put record amounts of funding into the state budget for education but, of course, all of that was mandated by state law.  Every time he has had a choice to make, he has refused to add money to the education budget.

Franchot likes to describe himself in his current version as a fiscal conservative and a social progressive.  You could search far and wide for any social issue that has gotten a fraction of the attention from him that the school calendar has.

Increasing tourism in Ocean City is a defensible goal, but it is necessary to ask whether this initiative meets the standard of “first do no harm” to schools.   There’s no evidence that concern has even crossed either of their minds.

If school starts after Labor Day, when does it end?  Hogan’s answer, using the same Executive Order magic wand, is June 15.  That date smacks of a last second, not well-thought-out addition to the press event.  Since Labor Day doesn’t fall on the same date each year, the number of days between then and June 15 will change from year to year.  Similarly, June 15 will fall on a different day of the week each year.  That kind of micro-managing of local affairs is what Republicans profess to loathe.

Franchot for some time has argued that with better calendar management, there’s no reason that the school year can’t still end in mid-June as it does now.  At the same time, he has severely criticized the same education “bureaucrats” who would be responsible for that better management for their resistance to his proposal and for the way in which they manage the calendar today.

There are multiple factors that determine how long the school year runs.  First is the State requirement that students have 180 days of classroom instruction.  We should actually be talking about more instruction time, but the authors of this idea have shown no interest in that discussion.

Hogan reiterated the 180 day requirement in his Executive Order even as he used the occasion to repeat his rants against teachers’ unions.  Perhaps he is more intent on picking fights that he believes will benefit him politically than on the impact of his actions on classrooms.

Snow days are a second factor.  While not much of an issue on the Eastern Shore, there are years in which schools in the rest of the State use up all of their scheduled snow days and are forced to add extra days in June.  In Garrett County, which voted decisively for Hogan, it’s not unusual to have as many as 12 snow days in a school year.  Unless climate change reduces the likelihood of snow in Maryland, this problem is not going away and can’t be brushed aside by an Executive Order.

The school year also has what might technically be called discretionary breaks.  Many are of long-standing and have significant support.  Given that Hogan and Franchot feel comfortable deciding when the school year should start and end, it only seems reasonable to expect them to weigh in on whether to retain or modify those breaks.  Otherwise, they are merely making the easy, popular decision and leaving the school “bureaucrats” to take the blame for cutting other breaks in which families make plans to spend time together.

One is the mid-year or Christmas vacation period.  Should that be reduced in length?  Fewer days then would certainly make it easier to finish by mid-June.  The same can be said of Spring break, which includes Easter Monday in most school districts.

Franchot has cited Worcester County for starting after Labor Day and has suggested that, therefore, all jurisdictions should be able to do it.  Setting aside whether that County should be seen as the educational model for the State, the small wrinkle in that argument is that Worcester County does not provide days off for the Jewish holidays.  Guidance from the Comptroller on which religious holidays should be recognized by school systems would help enormously with the scheduling challenges.

School districts negotiate with teachers’ unions about professional days during the course of the year.  While the Governor would certainly love to target those days as unnecessary, that attitude shows how little regard he has for teachers.  In an era of rapid change in both content and rules regarding curriculum, on-going teacher education would seem essential, not at all a waste of time.

Oh, and then there’s the issue of athletic teams and bands that start practice prior to the first day of school.  Under the Executive Order, will they be allowed to continue doing that or will they be expected to spend those days in Ocean City?

Given the odd mix of micromanagement and lack of detail in Hogan and Franchot’s Labor Day pronouncement, it’s hard to see it as anything other than a political stunt.  Hogan’s belligerent tone at the press conference makes it clear that he wants a political fight over the issue.  In warning legislators that they challenge him at their electoral peril, he runs the risk, however, that voters won’t agree with him that this is the most important issue facing the State today.

Hogan seems totally focused on maneuvering to get himself reelected. His administration is much about gestures, little about substance and certainly not about public education.

Franchot, who should know better, seems content to fiddle on the margins of public policy rather than using his office and political skills to advocate for policies that help citizens.  Even if he believes that starting school after Labor Day is a positive step, he can’t possibly believe that there aren’t other pressing issues more worthy of his time and attention.

There is finally another matter to consider.  I’m not even referring to whether the Governor has the authority to change the school calendar by Executive Order.  That question will certainly be debated in the coming months.   Rather, you have to wonder why an elected official who constantly is advocating for less government and who professes a belief in local control is able to impose a “one-size-fits-all” solution on 24 local school systems.  That explanation should be worth hearing.

Revisiting Martin Niemollar

Niemollar

Martin Niemollar, a Protestant Pastor who spent years in a Nazi concentration camp, wrote a frequently cited warning after World War II about the dangers of staying silent in the face of evil:

First they came for the Socialists, and I did not speak out—
Because I was not a Socialist.

Then they came for the Trade Unionists, and I did not speak out—
Because I was not a Trade Unionist.

Then they came for the Jews, and I did not speak out—
Because I was not a Jew.

Then they came for me—and there was no one left to speak for me.

For those who assert that Donald Trump doesn’t really mean what he says or that he will act differently if he is elected president, my response is: Can we really take that chance? Presidential campaigns are almost always hard-fought contests that stretch the boundaries of truth, engage in hyperbole, attempt to divide the electorate between those for and those against a candidate and appeal to emotions.  But by any historical comparison, Trump’s approach in this election is far outside the boundaries of normal for any of those categories.

Trump has been called a lot of things during this election, including a narcissist, a racist and a neo-fascist. Of the first charge, there’s no question; he’s a textbook case. Whether or not he is a racist–and there’s lots of evidence to support the allegation–he certainly appeals to racism among his followers. It’s neither subtle nor hidden and the reactions are on full display at many of his rallies.

Fortunately for us, Trump has not yet had the opportunity to prove that he is a fascist. He has certainly expressed his admiration for figures like Mussolini as well as dictators like Vladimir Putin.  His campaign speeches show no understanding of or regard for the safeguards of our constitutional system.  His assertions about what he would do once in office sound very much like those dictators  he so admires.

How might Martin Niemollar update his warning in light of Trump’s demonizing of different groups?

First they came for the Muslims, and I did not speak out–Because I was not a Muslim

Then they came for the Mexicans, and I did not speak out–Because I was not a Mexican

Then they came for the Syrian refugees, and I did not speak out–Because I was not a Syrian refugee

Then they came for Hillary Clinton and her supporters with “2nd Amendment” remedies, and I hoped that we hadn’t waited too long

Of course, lots of people are speaking out about the dangers posed by Donald Trump and his campaign for the presidency.  As inflammatory, bigoted and divisive as his rhetoric continues to be, the most disturbing part of his campaign is his encouraging and enabling of the worst in human nature.    Some of his supporters appear only too willing to follow without question his lead.

Racist language has become more overt.  Anyone who does not support him is an enemy, not merely an opponent.  His pronouncement that a victory by Hillary Clinton could result only from a rigged election is an open call to his followers to challenge the legitimacy of her presidency.  The sub-text of encouraging violence is above not below the surface.

And still so-called Republican leaders refuse to disavow this man who would pull down the pillars of our democratic government.  Pragmatism is always a major component of politics, but sometimes it goes too far.  This is one of those occasions.

Criticizing a particularly outrageous statement by Trump but continuing to support his candidacy is a moral copout.  Trying to draw meaningless semantic distinctions between not endorsing him but still voting for him is an abdication of a higher responsibility to the truth.  Making excuses for his rhetoric, as Paul Ryan did in claiming Trump’s reference to “Second Amendment remedies” was a bad joke, means the Speaker of the House is an enabler, not a leader.

Dante said it best centuries ago: The hottest places in hell are reserved for those who in a period of moral crisis maintain their neutrality.  Ryan, Mitch McConnell, Reince Priebus and a dishonor role of others have seating guaranteed to them.

George W. Bush and Donald Trump: Eerie Parallels

bush

My summer reading list is largely the same as my fall list: primarily history, politics and biography. I recently finished Jean Edward Smith’s “Bush”, an examination of the 43rd president of the United States. Smith, a prize-winning biographer, has previously written presidential studies of Grant, FDR and Eisenhower.

“Bush” covers a lot of familiar ground but also provides some perspectives that may change some of your previously held views. The bottom line, documented through its 660 pages, is the book’s last sentence: “Whether George W. Bush was the worst president in American history will be long debated, but his decision to invade Iraq is easily the worse foreign policy decision ever made by an American president.”

Despite that conclusion, Smith gives Bush credit for his efforts to stem the scourge of AIDs in Africa, his counter-ideological response to the financial meltdown of the economy in 2008, and even his failed initiative at immigration reform. In foreign affairs, Smith paints a picture of Bush as the “decider,” just as Bush claimed. In this account, Dick Cheney is not pulling all the strings, Donald Rumsfeld raises significant questions and Bush frequently overrules all of his military commanders.

As I was reading “Bush” in the politically charged summer of 2016, I was struck by a number of his characteristics that resonate with the current Republican presidential nominee.  Bush came to the presidency with almost no experience or, indeed, understanding of foreign affairs.  His father arranged some high level briefings in the two years before the election, but it’s clear that Bush was not a quick study or a serious student.   We all saw lots of examples of his inexperience during his presidency, but we sometimes forget the broader lesson.  Experience does matter; the presidency is not a place for on-the-job training.

Donald Trump would have us believe that his stunning lack of understanding of the rest of the world is no obstacle; that reneging on an agreement with a contractor is preparation for international diplomacy; and that his own “big brain” will guide him successfully through any challenges that arise.  If anything, Trump would come to the presidency with even less foreign affairs experience than Bush, and Bush’s lack of preparedness was a disaster for this country.

A second strain of Smith’s assessment is Bush’s resistance to learning and to accepting facts.  He never tried to understand the history of the Middle East much less the sectarian divisions within that region.  His administration concocted a link between Saddam Hussein and Islamic terrorism that never existed and saw weapons of mass destruction where there were none.  All of these examples and others were a combination of willful ignorance and a predetermined desire to go to war with Iraq.

Does that sound chillingly like Donald Trump?  Fact checkers have concluded that three-fourths of his public pronouncements are wholly or partially false.  Moreover, as a political neophyte, Trump has shown no willingness to be briefed and to learn about issues that would confront him as president.  His comments on NATO, the Ukraine, Brexit and anything he discussed yesterday keep demonstrating a mental laziness that should terrify any serious voter.

According to Smith, Bush put primary trust in his own instincts, often to the exclusion of expert advisors and factual presentations.  In his case, those instincts were in part a reflection of his own deeply held religious beliefs.  Bush often counted on God to bring about the desired outcome even when all the evidence suggested he was on the wrong path.

Absent the religious connection, that’s a theme we see constantly repeated by Trump.  He doesn’t need experts because his instincts are so good.  He dismisses evidence because he “knows” better.  And his very small circle of advisors, mostly family, do not provide the kind of environment in which opposing opinions or serious questions are welcomed.

Much of the reaction to Donald Trump up to now has focused on his theatrics, his coarse and vulgar style and his breaking of all the traditional political norms.  There’s plenty there to make you do everything you can to prevent him from ever becoming president.  However, the comparison with the characteristics of a man many believe to have been the worst president this country has ever had provides an additional dimension to ponder.  Trump is so ill-prepared, by experience, temperament and knowledge, that his presidency might make Bush 43 look like an age of enlightenment.

Is It Time for Peter Franchot to Change his Party Membership?

Hogan Franchot

Maryland Comptroller Peter Franchot’s political odyssey has been well-documented. During his years as a Member of the House of Delegates from Montgomery County (1987-2007), he was one of the chamber’s most out-spoken progressives, widely regarded as a partisan Democrat.

Franchot’s transformation began 10 years ago when he ran for and won the statewide office of comptroller. In his new role as the State’s tax collector, he started to demonstrate a fiscal conservative streak that had never been evident before. Responding to the demands of the office, a statewide rather than district constituency and a political calculation about shifting attitudes of Marylanders, Franchot’s new orientation has served him well in two decisive reelections.

His new office has also given him a much larger audience and a new platform, the meetings of the Board of Public Works. Franchot, who has never been accused of being camera-shy, has initiated a series of public confrontations that have won him lots of headlines as well as the animosity of many Democrats. Questions have arisen about the appropriateness of some of the fights he has picked, such as his attempt to intervene in Towson University’s decision to reduce the number of intercollegiate athletic programs.

Many Democratic elected officials have seen his actions as both grandstanding and well outside the purview of his office. During Martin O’Malley’s eight years as governor, Franchot frequently criticized O’Malley’s decisions as well as those of the General Assembly leadership.

After the 2014 Election in which Republican Larry Hogan won an upset against the Democratic nominee, Anthony Brown, Franchot veered even farther to the right. In Governor Hogan, he found an ally on issues  before the Board of Public Works, particularly the state procurement process. And, as the Comptroller continued to use the forum to advance his own pet peeves, he got the support of Hogan.

Now in the dog days of summer, about the only thing going on is Franchot and Hogan trading compliments.  They’ve even gone shopping together to promote the State’s upcoming sales tax holiday. Soon, however, Franchot will resume his crusade to move the school start date to after Labor Day and Hogan will voice his support for the effort. This comes shortly after his spring campaign railing against the absence of air conditioners in some Baltimore County schools.

The latter effort is particularly curious given that Franchot and Hogan are proposing remedies that are less fiscally responsible than the Baltimore County phased plan. Their approach is also legally questionable as they are arguing to use capital budget funds for air conditioners that have less than a 15-year life expectancy.

Much of what I’ve described is just Peter Franchot being Peter Franchot. He gets antsy when he goes very long without being in the headlines. His emphasis on fiscal restraint is certainly appropriate to his office.

However, the air conditioner war comes across much more like a deliberate political fight that he has picked with Baltimore County Executive Kevin Kamenetz, who may be positioning himself to run for either governor or comptroller in 2018. Moreover, Franchot isn’t content just to have a disagreement about a public policy issue; he and his office question the motives and integrity of whoever is the opponent of the moment.

And, finally, there’s the continuing love fest with Larry Hogan. It’s clear that Franchot feels much more comfortable, politically and personally, with the governor than with any of his Democratic colleagues in the state. Few of them would even agree to my use of the word “colleague” at this point.

Is the Hogan-Franchot alliance a refreshing example of bipartisanship, as a Washington Post article just suggested? That’s a hard argument to sustain given that Hogan keeps demonstrating that he is a fiercely partisan Republican. He and Franchot certainly agree on some fiscal issues and the Governor supports the Comptroller’s public rants. But where are the examples of Franchot having gotten Hogan to support any Democratic or progressive issues?

I don’t really have any expectations that Franchot will become a Republican. He continues to cling to a self image of as a progressive, although he certainly doesn’t spend much time advocating for issues that fit that label. Franchot is supporting Hillary Clinton over Donald Trump in this year’s presidential election, although that’s hardly a profile in party loyalty or courage.

The rub will come in 2018. Is there anyone in the State of Maryland who believes Franchot will support the Democratic candidate for governor that year? And if he backs Hogan, as he certainly will, how do Maryland Democrats deal with him during the campaign?

As a result, Franchot will likely face a challenge in the Democratic primary. While he seems well positioned at this point, his success may ultimately depend on Hogan maintaining the level of popularity that he currently enjoys, which is far from a sure thing.

To answer my starting question, Franchot will continue to be a Democrat but in name only. While there should be room in a political party for a range of views and perspectives, it’s hard to see the issues on which Franchot is still a Democrat.

Larry Hogan’s Visit to Trump World

larry hogan

For much of this campaign year, Larry Hogan did his best to avoid answering whether he would support Donald Trump for president. He frequently expressed annoyance at reporters who asked what was surely an incredibly obvious question. Finally, in June, he grudgingly acknowledged that he would not be voting for either Trump or Hillary Clinton.

Hogan’s belated answer implied a false equivalency between the two candidates, a notion dispelled yet again this week when 50 former Republican national security officials warned that Trump would be the most reckless president ever elected. The suggestion that Hogan was focused entirely on state matters was also belied by his earlier support for New Jersey Governor Chris Christie.

Still, since his declaration of neutrality, Hogan has largely managed to keep his distance from Trump and the political fallout being created by his candidacy. For a multitude of reasons, Hogan has retained his high favorable rating in public opinion polls, has cultivated his image as a moderate, non-ideological Republican and has avoided major political errors.

With a relatively modest legislative agenda, Hogan has limited  his confrontations with the Democratic General Assembly. However, his main initiatives have been either defeated or substantially rewritten. His vetoes have been consistently overridden. Hogan’s greatest success has come in the area where Maryland governors have the greatest authority, the State budget.

Legislators leaders have used a variety of methods to try to negotiate with him on spending priorities. Efforts at direct negotiations have been generally ignored by the Governor. A second approach, employed in each of the first two year of his administration, has been to “wall off” funds in the budget, specifying that they can be used only for the purposes designated by the legislature’s two budget committees or not at all. Hogan keeps selecting Option B.

Last week, when he announced that he would not be spending $80 million earmarked by the General Assembly for education and “safe streets” projects, Hogan was roundly criticized by  legislator leaders as well as by education groups. Their response was totally to be expected and not particularly noteworthy.

Hogan’s reaction to the complaints, on the other hand, looked like it came straight out of Donald Trump’s playbook. His Facebook post accused them of being “union thugs”.

In the same week that he spoke at the Urban League conference in Baltimore, an event Donald Trump declined to attend, Hogan was definitely sending mixed messages about what kind of Republican he is: a conciliatory moderate or a confrontational partisan.

How do you explain the “union thug” comment in a way that makes any sense at all? The most benign explanation I could think of–and one that is totally implausible–is that Hogan thinks the word “thug” means critic or opponent. Once you reject that interpretation, the alternatives are all less appealing.

Hogan took grief from some conservative Maryland Republicans for not supporting Trump. Was the “thug” line a kind of dog whistle to let them know his heart is really with them? If you believe that much of political rhetoric is code and signaling, that explanation is possible although perhaps a bit too subtle.

In the same vein, you might argue that Hogan was merely trying to shore up his own political base by taking a cheap but popular shot at public unions, widely seen by the Right as the source of many evils. That interpretation suggests a political calculation looking toward the 2018 Election and has some logic to it.

Since we are most definitely in the area of speculation, let me offer yet a different assessment. This is far from the first time that Larry Hogan has taken what seem to be gratuitous shots at a political opponent for no really good reason. He could have turned down the Red Line in Baltimore without having called the planning process a “boondoggle.” He could have put his own stamp on the State school construction program without having personally attacked the outgoing director. He could have vetoed what he considered excessive spending without having picked out a pet project of Speaker Mike Busch, all the while knowing his veto was going to be overridden.

Hogan, a bit like the guy he won’t endorse, has a thin skin and a quick temper. He can be politically astute and calculating at one moment and petulant the next. Despite years in and around politics, albeit not elected office, he sometimes gives the impression that he feels entitled to unquestioned support without any opposition, to praise without questions, to applause without boos. Hogan may get all of that from Comptroller Peter Franchot, but he’s not likely to get it from anyone else.

An Election Year Homework Assignment

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In a normal year, a presidential election has some aspects of a national civics class. We get a refresher course on our constitutional system. Candidates vie for our support through campaigns that highlight their positions on key issues, their character, and their visions for the future. As the world’s oldest democracy, we witness the peaceful transfer of power — regardless of how intense or hard-fought the election has been.

But this is not a normal year. 2016 seems far more like a class in Abnormal Psychology. The nominee of the Republican Party is rarely assessed in terms of his positions on issues since he has none beyond the vaguest of generalities. His promises are about returning America to an imaginary past in which white males run everything, everyone speaks only English, all the jobs are high paying regardless of  level of education, and the oceans are a protection against all foreign influences. It’s a world that never was, never could be and looks less and less like present day reality.

Donald Trump has broken every mold for how to run for U.S. President. He has assembled a coalition of the insulted to oppose him. He prefers a Russian dictator to our NATO allies. Even members of his own party are likely to feel his ire if they aren’t “nice” enough to him.

Trump is so far off the norm that we are now getting a steady stream of articles concluding that he is a narcissist, that he has a fundamental personality defect, or that he is a compulsive liar. Those diagnoses aren’t merely name-calling;  authors with impressive credentials in their fields provide supporting evidence straight from the candidate’s mouth.

Really, Trump is not so much a denier of facts as incredibly unfamiliar with them. He follows the Republican Party line on climate change but goes his own ungrounded way on dealings with the rest of the world, assertions about how the economy works, and views on the constitution that wouldn’t pass muster in a basic elementary school class.

And, if you take him at his word, he is terrifying. A former head of the CIA who has carefully avoided politics throughout his professional career recently announced his support for Hillary Clinton because he thinks Trump’s view are so dangerous. Trump has openly mused about the use of nuclear weapons as an option that should be available to the president.

You hardly have to hear anymore than that to return to serious questions about his personality. A thin-skinned man who can’t get past any slight even when his reaction harms him politically, the notion of Trump controlling this country’s nuclear arsenal should be enough to make any thoughtful voter turn away from him.

With all his faults, and I have barely touched on the whole list, the one that I find most troubling is his encouraging and enabling  supporters to act on their worst impulses. What we have observed during his campaign are open appeals to racism promoting words and acts which had at least been submerged in recent years. We see the ugly rants of his supporters directed at his opponent that sound more like the politics of a petty dictatorship than of a great democracy. Trump and some of his proxies have begun to talk darkly of a rigged election and to suggest that they won’t accept the outcome peacefully.

I understand that many people in this country are angry or scared and that Trump speaks to them in a way that no other politician does. I also understand that those of us who oppose Trump are unlikely to be able to reason with his supporters. They don’t seem troubled by the fact that a huge proportion of his statements are often outright lies. They seem comfortable with the ugly atmosphere that he has created. They clearly take comfort in the fictional description of Hillary Clinton that he and Fox News have created over the years. They can conduct as many “investigations” of Benghazi or Vince Foster’s death as they want. And,although they still won’t find the results  they imagine, they will continue to proclaim their own “truth”.  These are the same people who continue to assert that Barack Obama is a Muslim who was born in Kenya.

I’m afraid that the Abnormal Psychology reference  I started with doesn’t apply just to Donald Trump. Those supporters who profess fealty to the U.S. Constitution but  seem no more familiar with it than he is share many other characteristics with Trump.

As I’ve argued before, the outcome of this elections is more likely to be determined by getting your supporters to the polls than by any efforts to persuade people to change their opinion. While I have moments of hopefulness as Trump continues to alienate people of common sense, I also know that the ability to rationalize his outrageous behavior will keep many people in his camp.

The only solution is for Americans of all political persuasions who believe Trump is a grave threat to our democratic system to vote for Hillary Clinton, to get as many of their friends to do the same, and to speak out against everything Trump stands for. That’s the only way we will return sanity to our political system.

After the Constitutional Convention, Ben Franklin was asked what kind of government the delegates had created.  His answer: “a Republic, if you can keep it.”  It’s our turn now to keep it.

The Philadelphia Story

If you’ve ever been in a city holding a national political convention, you know that there’s as much going on off the convention floor as on it.  Last week, the City of Philadelphia was transformed into a giant political laboratory.

The media covered the small part of that activity which occurred on the streets.  Supporters of Bernie Sanders were among those who engaged in demonstrations around City Hall as well as outside the Wells Fargo Center.  From the video on television, you might have thought that Philadelphia was engulfed in protests but those demonstrations represented a very minor part of what was going on during the convention.

Sanders supporters were also heard throughout the convention itself, although that was mostly through chants and efforts to drown out speakers with whom they disagreed.  Again, however, their numbers represented a small fraction of the attendees.  Sarah Silverman said the words that captured the general mood when she observed that the Bernie or Bust people were “being ridiculous.”

What will those protesters do in November?  Early indications are that a large portion of Sanders backers will come around to voting for Hillary Clinton.  You might have gotten a different impression from the media  hunt for people  willing to say they would vote for someone else.  I heard the same woman announce in two separate interviews that she would vote for Jill Stein.  A disclaimer about her not being a representative sample would have been in order.

For anyone with a longer political memory, the experience of “protest” votes leading to a Republican victory–think George Bush in 2000 as the result of the votes for Ralph Nader in Florida or Richard Nixon in 1968 in the aftermath of a deeply divided Democratic Party–underscores the  scary possibility that we could end up with Donald Trump as president.

Meanwhile, advocacy groups were holding events in every conceivable venue. They ranged from an outdoor rally at Logan Circle by organizations campaigning for commonsense gun regulations to receptions hosted by Planned Parenthood, Emily’s List and numerous environmental groups in museums and public sites throughout the city.  I cite these specific examples because most of them didn’t have a presence in Cleveland the week before.

A political convention is, in addition to its formal task of nominating a presidential candidate, a combination pep rally, networking event and fundraiser.  And if all  that didn’t keep you fully occupied, there were also plenty of celebrity sightings.  Unlike the Pope’s visit earlier in the year, with security so intense that many Philadelphians just left town, the Democratic Convention was more like a four-day festival for people of all ages, races and religions.

That reality on the ground in Philadelphia was a marked contrast to the Republican gathering in Cleveland.  The televised versions of the two conventions told the same story as the rhetoric of the speakers. One party was overwhelmingly white and resentful of anyone who isn’t. The other spoke constantly of inclusion and reflected that value in those who attended.

Beyond the headliners, the Democrats showcased lots of ordinary people who had overcome adversity, whether health, poverty or other challenges, to speak to the importance of both individual effort and community support. The speech with perhaps the greatest political impact–because it provoked another ugly response from Trump–was that of Khirzr Khan a Muslim American whose son, a captain in the U.S. Army, was killed in Afghanistan. Just when you thought the Republican candidate couldn’t get any worse, he showed that there are no limits to his inhumanity.

A number of prominent Republicans have criticized Trump’s remarks but have been unwilling to go farther.  Imagine if any of them–take Paul Ryan as an example–had the courage and integrity that Dr. Khan demonstrated in his remarks and in the days since then.  A generation of Republican leaders runs the risk of being forever stained by the failure to stand up to a narcissistic bully who has hijacked their party.

And then there was Hillary Clinton’s speech. She is not a great orator and expectations were relatively low. Her speechwriters, who I don’t think moonlight for Melania Trump, crafted remarks that fit her style and allowed her to make an effective case without trying to be something she isn’t. Clinton knows public policy, cares about the details, has a real understanding of the world in which we live with its many dangerous challenges, and doesn’t propose bumper sticker solutions.

In an election, this latter quality could be a disadvantage unless voters take the trouble to educate themselves and not be seduced by quick fixes. Donald Trump is the master of the sound bite, truly believes than any coverage is good coverage, and can’t be pinned down on any issue because he has no positions beyond the vaguest of generalities.

The Republican candidate keeps demonstrating how little he knows about the challenges he would face as president even as some of his supporters bend themselves into contortions to dismiss that problem. Rudy Giuliani, surely one of the most divisive figures on the political scene today, suggested that Trump might be able to learn on the job. Even if you accepted that rationale for supporting a totally unqualified candidate, you’d have to deal with the reality that Trump has shown no inclination to learn about issues while campaigning.

Not long after the Cleveland convention, Trump publicly urged Russia, which may have been responsible for hacking the DNC computers, to hack and turn over Hillary Clinton’s missing State Department emails. Can you imagine the Republican response if Barack Obama had said anything similar to that? They would have drafted Articles of Impeachment the next day.

It truly was much sunnier in Philadelphia. You’d be hard pressed to pick out the best speech because so many of them were really well-delivered, inspiring, and substantive.

President Obama, surely one of the most gifted orators of our time, may well have been surpassed by his wife. Michelle Obama’s speech epitomized better than any other the difference between the two parties in both tone and substance.

We now have fewer than 100 days until an election that poses a fundamental choice about the future of America.  It’s too early to pay much attention to public opinion polls. It’s too soon to make absolute assertions about what Bernie Sanders’ followers will do, but not too soon to be engaging them.

Besides waiting to see what the two campaigns will do, we also have to remember that events in the world, most of them outside our control, may influence the way in which voters  see the contest.

This election is going to be determined more by turnout than by persuasion. The biggest enemy facing Hillary Clinton is not Donald Trump but the risk of apathy among her supporters. The other side of the turnout question is whether significant numbers of Republicans will conclude that Donald Trump is so anathema to their beliefs that they will either not vote or even do what many would never have imagined and vote for Clinton.

Another major unknown is whether the media will be able to pin Trump down, point out his shortcomings and misrepresentations and push for answers on his taxes and his dealings with Russia.  He keeps complaining that the press is “mean” to him, but his campaign has received incredibly little close scrutiny up to now.

Finally, of course, the ultimate responsibility will reside, as it always does, with voters.  Will they be motivated by fear and anger or by optimism and hope?  Will they pay attention to what the candidates are saying rather than to how they as voters are feeling?   And, perhaps most importantly, will they give serious thought to what kind of country they want to live in, one that is welcoming and inclusive or one that abandons the principles and values on which this country was founded in favor of a false sense of security?

Finding Common Ground

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A highlight of a recent visit to Chicago was walking through Millennium Park, a magnificent 2004 expansion of public space near Lake Michigan. Built with both public dollars and significant corporate support, it has become a major gathering place for Chicago residents as well as a leading tourist destination. Millennium Park is also a real focus of civic pride for Chicagoans.

It’s a vivid demonstration of the value of public space in large cities and of the foresight that generations of leaders in Chicago showed in preserving the lakefront for parks and recreation. Other cities–and you know who you are–squandered the opportunity years ago to create similar kinds of public space along their rivers and harbors.

Public space brings people together, whether for concerts, wandering through gardens, peering at outdoor sculptures, or just providing a place to decompress from the trials of daily life. Perhaps most significantly, the fact that public space is available to everyone regardless of whatever category they are generally placed in underscores the importance of community.

I’m certainly not asserting that a public park is a substitute for dealing with the perplexing issues of urban education, crime and poverty. However, if we were able to see that we actually have a common stake in addressing those challenges in the same way as we appreciate the pleasures of shared public space, we might make some progress.

In fact, you might well trace the current rancor and division in our society and politics to the growing emphasis on self rather than on community. That’s always been a tension in this country, but the pendulum has lurched toward unrestrained individualism in recent years.

The unwillingness of some people to pay taxes to pay for support common services, infrastructure and basic needs has had dire consequences. Crumbling roads, bridges and utilities are taken as too expensive to repair or replace. We shortchange our public schools to the detriment of the whole society. Some elected officials are very ready to send Americans off to wars, but unwilling to pay for veterans services when they return. The less fortunate among us are told that it’s their fault that they weren’t born to a family of means.

Our politics, as shown in the ugly and often racist behavior in Cleveland at the Republican National Convention, has sunk to new lows. The rabid mob at the Convention didn’t see victory in the election as adequate; they shouted for Hillary Clinton to be locked up or even executed. That’s not how people in democratic societies act, but the party of Donald Trump shows no shame at its excesses and its abandonment of the values on which this country was founded.

The party’s nominee gave a speech on Thursday night that was intended to terrify every voter in the country in the hope that many of them would turn to him as the strongman who would make everything right.

In the midst of that spasm of emotion, some Republican leaders have not capitulated to the madness and have been willing to put country ahead of party. In future years, when a grandchild asks what you did during the Era of Trump, there will be a clear division between those who can hold their heads up high and those who will have no response other than shame.

Trump’s Convention highlighted the worst in America.  It was, for anyone who sees the value of community and sharing, a truly depressing week.  I’m counting on the Democrats at their Convention in Philadelphia to demonstrate a strikingly different tone and appeal.  Until then, I will take comfort in my memories of Millennium Park as a positive sign of what our better instincts can accomplish.