How Dark Money, Gerrymandering And Democratic Complacency Altered Wisconsin Politics

.. Six years before Trump’s win, the state’s voters elected conservative populist Scott Walker governor. With the help of a Republican-controlled legislature, Walker waged an unprecedented assault on public employee unions in the state and later signed a right to work bill, which undermined private-sector unions.

.. he would go along to these small towns and speak to people about this danger of corporate influence on their lives.

DAVIES: And how far into the 20th century did this sort of progressive trend hold in Wisconsin? And I note that Senator Joe McCarthy – probably the most notorious anti-communist of the century – came from that state.

..  he undertook a pretty radical approach to dealing with public employee unions. What did he propose to do?

KAUFMAN: Well, he proposed to all but strip them of collective bargaining rights, which is their ability to speak as a collective voice around wages, benefits and other workplace concerns, workplace safety, basically, reducing their ability to act as a collective voice. He exempted the police and fire department unions. Some would say that cynically because some of these unions supported him.

..  Tim Cullen, a moderate Democratic state senator – he said, the one thing that was non-negotiable was the automatic dues checkoff.

..  He stoked resentment against the public workers. It was clear in his inaugural address in 2011. He said the public employees can no longer be the haves, and the taxpayers can no longer be the have nots. Privately, he even went further.

There’s a famous recording of him speaking to a billionaire donor where she says when will we become a completely red state? When will we become a right-to-work state? She conflated the two. And he answered, you know, have you seen what we’re going to do with the public employees? And then he went on. He said, you know, because you use divide and conquer. What he meant by that was he was going to first attack the public employees. And then several years later, he instituted a right-to-work law against the private sector employees. Now you have a state that went from 14 percent union density when he was elected to 8 percent.

.. in 2016, the presidential election arrives in Wisconsin, as it does in the rest of the country. The Democratic primary – Bernie Sanders beats Hillary Clinton by 13 points. Why did Hillary Clinton have trouble connecting to Democratic voters in Wisconsin?

.. she has never been a close ally of labor. Wisconsin progressives were deeply wounded by the attacks on labor. She was a former corporate board member of Walmart, a notoriously anti-union company. And she also supported for many, many years free trade agreements, like NAFTA and the China’s membership into the World Trade Organization, that have really impacted the industrial Midwest in such a profound way. People are aware that you can drive by a factory, and they’ll say, oh, this factory moved to Mexico and then went on to Vietnam. They are very keenly aware. Other factors played a role – automation and so on – but these agreements really impacted particularly the industrial Midwest – Michigan, Wisconsin, Ohio.

DAVIES: And particularly unionized workers, I think.

..  I think people forget that Donald Trump’s message during the campaign – he also twinned his message of resentment – racial resentment – with a defense of the welfare state. You can look at his speeches. He staged five huge rallies in Wisconsin. He almost always mentioned, we’ve got to protect Social Security and Medicare, and he railed against these free trade agreements. So there was a different kind of Republican message that resonated with a certain sector of the population enough to put him over the top, coupled with Hillary Clinton’s noncampaigning and non-effort in these places, and it really impacted the race.

.. There was frankly a weak Democratic opposition to his message, and there was a stoking of resentment in a time of economic insecurity. That is very powerful. And they weren’t – people weren’t being offered an alternative – a very compelling one anyway.

..  Another example is gerrymandering. In 2012 election, Wisconsin Democrats won an aggregate of almost 200,000 more votes than the Republicans, and yet they lost seats. That…

DAVIES: You’re talking about in the state legislature.

KAUFMAN: In the state legislature in the assembly, and that leads to demoralizing (laughter) of your party. I mean, it’s hard to get candidates to run when they know they’re going to be defeated if the district is just so heavily drawn to favor the Republicans where – and the Democratic seats are – you know, they’ll routinely win more than 70 percent of the vote. So they pack them in. And that case was, you know, brought to the U.S. Supreme Court. It’s the first partisan gerrymandering case to go to the Supreme Court in more than three decades because the federal court agreed with the plaintiffs – the Democrats – that their rights had been denied because it was so extreme.

America Has Gone Off the Rails. Steven Brill Sees Ways to Get It Back on Track.

According to Gallup, in the first week of January 2004 more than half of surveyed Americans were satisfied with the direction of the country. Within a few weeks, however, that number had fallen below 50 percent. It has never recovered. Since the 2008 financial crisis, it has not cracked 40 percent.

.. Brill describes a slow-motion process of perverse meritocracy in which, as one law professor tells him, “the elites have become so skilled and so hardworking that they are able to protect each other better than ever before.” Or, as Brill labels it, “Moat Nation.”

.. Brill focuses on the legal shifts and stalemates that ushered in the country’s current predicament

.. The rise of executive compensation practices linked to stock prices encouraged executives to prioritize short-term profits over long-term investments. A series of Supreme Court cases, ending with Citizens United, enabled corporate speech to play a powerful role in national politics. The growth of super PACs and lobbyists in Washington guarantees that any piece of appropriate regulation will be watered down — first in Congress and then in the implementation stage.

.. The federal government’s approach to fraudulent financial firms has shifted from the criminal prosecution of executives to the levying of fines.

..  the number of times the phrase “unintended consequences” appears in the book. Many of the legal and regulatory changes that Brill excoriates have counterintuitive beginnings. Who helped spearhead the growth of the commercial speech movement? The consumer advocate Ralph Nader, who sued the Commonwealth of Virginia to allow pharmacies to advertise drug prices. “Talk about boomerangs,”

.. the very first political action committee was created in 1943 by a labor union.

.. efforts to bring more minority members to Congress as “another reform effort that boomeranged,” because minority Democrats allied with Republicans to rewrite congressional districts and eviscerate districts held by white Democrats.

.. Brill blames the tortoise-like pace of government rule-writing on due process run amok.

.. Brill argues that interest groups have weaponized due process to guarantee gridlock.

..  In almost all of “Tailspin,” a well-intentioned liberal reform goes badly off the rails.

.. Brill never quite makes the connection between laws and norms.

.. many of the trends that Brill identifies, like political polarization, have their origins in the erosion of norms, not laws, and the real question is whether Americans can trust one another enough not to abuse less legalistic systems.

.. On this point, Steven Levitsky and Daniel Ziblatt’s “How Democracies Die” is probably more instructive.

This Is the World Mitch McConnell Gave Us

it is, essentially, a kind of shrine to the political career of Mr. McConnell, not unlike the exhibits on Babe Ruth or Hank Aaron you’d find at the Baseball Hall of Fame.

.. it memorializes a politician who shows no sign of leaving the stage any time soon.

.. What’s most unusual, though, is what it chooses to highlight. There are a few artifacts from Mr. McConnell’s youth — his baseball glove, his honorary fraternity paddle — but most of the exhibits are devoted to the elections Mr. McConnell won, starting with high school and on up through Jefferson County executive and the Senate.

.. When I visited the room while researching my 2014 biography on Mr. McConnell, I was struck by what was missing: exhibits on actual governing accomplishments from the Senate majority leader’s four decades in elected office.

That absence confirmed my thesis that Mr. McConnell, far more even than other politicians, was motivated by the game of politics — winning elections and rising in the leadership ranks, achieving power for power’s sake — more than by any lasting policy goals.

.. it is becoming increasingly clear that Mitch McConnell is creating a legacy for himself, and it’s a mighty grand one.

.. Mr. McConnell has created the world in which we are now living. Donald Trump dominates our universe — and now has the power to fill the second Supreme Court seat in two years. Mitch McConnell, who has promised a vote on whomever the president nominates “this fall,” is the figure who was quietly making it all possible

.. First, there was Mr. McConnell’s vigorous defense, going back to the early 1990s, of the role of big money in American politics

..  helping shape the conditions for his appeal.

.. he was well aware that he, as someone lacking in natural campaign talents, and the rest of the Republican Party, as more business-oriented than the Democrats, would need to maintain the flow of large contributions to be able to win elections. “I will always be well financed, and I’ll be well financed early,” he declared after winning his first race for county executive, in 1977.

.. culminated in the Supreme Court’s 2010 Citizens United ruling eliminating limits on corporate spending on elections, which Mr. McConnell followed up by blocking legislation to disclose the identity of large donors.

.. the spread of big money in politics had done so much to sour the public on government, creating a ripe target for the Tea Party and, later, for a billionaire populist running against “the swamp.”

.. laid the groundwork for the right-wing insurgency of 2009 and 2010

.. his decision to withhold Republican support for any major Democratic initiatives in the Obama years. This meant that Republicans had less influence on the final shape of legislation such as the Affordable Care Act than they would have had as fully willing negotiators.

.. fueled the rise of the Tea Party, which was motivated substantially by the notion that Mr. Obama was “ramming things down our throats”
.. his refusal to hold a confirmation hearing, let alone a vote on Merrick Garland, Mr. Obama’s nominee to replace Antonin Scalia on the Supreme Court, despite the fact that the nomination was made a full 10 months before the end of Mr. Obama’s term. This refusal exploded norms and dismayed Beltway arbiters who had long accepted Mr. McConnell’s claim to be a guardian of Washington institutions. It also provided crucial motivation to Republicans who had grave qualms about Mr. Trump but were able to justify voting for him as “saving Scalia’s seat.”
.. Mr. Obama had been prepared that September to go public with a C.I.A. assessment laying bare the extent of Russian intervention in the election. But he was largely dissuaded by a threat from Mr. McConnell.
.. During a secret briefing for congressional leaders, The Post reported, Mr. McConnell “raised doubts about the underlying intelligence and made clear to the administration that he would consider any effort by the White House to challenge the Russians publicly an act of partisan politics.”
.. Mr. McConnell’s doing away last year with the 60-vote requirement for Senate confirmation, to get Neil Gorsuch seated
.. In the 1970s, when he ran for county executive in Louisville, he secured the pivotal endorsement of the A.F.L.-C.I.O. by pledging to back collective bargaining for public employees (a promise that went unfulfilled), and while in office he worked effectively behind the scenes to protect abortion rights locally.
.. Mr. McConnell saw the rightward swing of the Reagan revolution and decided to hop on board for his own political preservation as a Southern Republican. These days, Mr. McConnell has made explicit, with taunting tweets among other things, that he views long-term conservative control of the Supreme Court as his crowning achievement.
.. Holding a long-term majority on the court greatly aids his highest cause — Republican victories in future elections — as recent rulings on voting rights and gerrymandering demonstrated once again.
Whether Mr. McConnell decides to add an exhibit in the Civic Education Gallery documenting his role in the rise of Donald Trump is another matter. The final historical judgment on that score will not rest with him, in any case.

Trump vs. the First Amendment

the hallmark elements of the president’s political style:

  • ignorance,
  • stupidity,
  • pettiness, and
  • malice.

.. the FCC does not license networks or cable channels. NBC, CBS, ABC, Fox News, etc., do not have FCC licenses to review or revoke. The FCC licenses individual stations.

.. Bill Mitchell, the Trump sycophant whose comprehensive lack of self-respect makes Paul Begala look like Cincinnatus, went on to argue that print publications such as Vanity Fair and the Washington Post should have their licenses revoked, too

There is no such thing as a newspaper license in the United States. There is the First Amendment.

.. Gutting the First Amendment is one of the top priorities of the Democratic party, which seeks to revoke its protection of political speech — i.e., the thing it’s really there to protect — so that they can put restrictions on political activism, which restrictions they call “campaign-finance reform.”

.. They abominate the Supreme Court’s solid First Amendment decision in Citizens United, a case that involved not “money in politics” but the basic free-speech question of whether political activists should be allowed to show a film critical of Hillary Rodham Clinton in the days before an election. (Making a film and distributing it costs money, you see, hence “money in politics.”) They lost that one, but every Democrat in Harry Reid’s Senate — every one of them — voted to repeal the First Amendment.

.. Right-wing populists, too, are an illiberal bunch

.. They are repeating the progressives’ mistake: imagining what their guy could do with vast new antidemocratic powers while never bothering to consider that the other side’s guy is probably going to get in there one of these days and enjoy the same powers.

.. Free speech is extraordinarily unpopular on college campuses, and California has just enacted a flatly unconstitutional law that would empower the government to put people in jail for failing to use the preferred pronoun of a transgender person.