Marketing, Martin Luther King, Uncategorized

Recall

Throwing Them Out Isn’t Easy

The guy in the photo is Lynn J. Frazier. He was the first public official in the country removed from office by recall. It happened in 1921 in North Dakota.

Frazier had been elected governor three different times on the Non-Partisan League ticket, but his radical brand of progressive politics eventually got him crosswise with the state’s voters. Ironically, he advocated that the recall provision be added to the state constitution and almost immediately it was used against him.

The recall of a governor has happened only one other time. Gray Davis suffered Lynn Frazier’s fate in California in 2003. All this by way of saying, recalling an elected official, as has now been proposed in Idaho (and in Wisconsin), isn’t easy.

The Idahoans who say they want to recall State Superintendent of Public Instruction Tom Luna have a big hill to climb. First, they need to collect just north of 158,000 valid signatures (meaning they probably need to gather thousands more) and have only two and a half months to get the job done. That is a lot of standing around in Walmart parking lots and PTA meetings and it will require hundreds if not thousands of volunteers. Such efforts normally dictate paid signature gathering, but if this effort is, as it seems to be, truly grassroots, then the money won’t be readily available to finance the signature production.

Still, the group has a Facebook page up with (as of late yesterday) more than 4,000 friends and they has generated a good deal of media attention. Meanwhile, the Idaho State Journal reports that an American Falls high school senior has launched a “Stand with Luna” website to support the state superintendent.

Other than a handful of local election officials, Idahoans have been reluctant to resort to the recall. Two Idaho Falls state legislators were recalled in 1971. Efforts to recall two Boise legislators are also underway, resembling in some respects the widespread legislative recall efforts underway in Wisconsin.

A fellow often referred to at the time as “a St. Maries dog catcher” mounted a recall effort against Sen. Frank Church in 1967 until it dawned on everyone that there is no provision in the U.S. Constitution to recall federal officials. The dog catcher – he had some links to the John Birch Society – and his recall quickly faded away.

Nationally only 13 legislators, including the two in Idaho, have been recalled since 1913. Seven of the 13 recalls took place in Oregon and California.

The most obvious thing about these numbers, as Milwaukee Journal Sentinel political writer Craig Gilbert points out, “is how seldom the recall has been used successfully. Only 18 states give their citizens the power to remove their state legislators by recall, and in only five has it actually happened.  No one knows how many recalls have been attempted, but only 20 have succeeded in gathering enough valid signatures to force a recall election, and only 13 have succeeded in removing a legislator from office.”

Like I said, it’s a big hill to climb and it should be. As a general rule we have elections to get rid of politicians who fall out of favor. Still, as Gilbert notes, recalls tend to form around a not particularly partisan issue and tend to draw energy from the right of the political spectrum. Of the 13 recalled state legislators, 9 have been Republicans and some of them were recalled because they fell out of favor with their own party.

Essentially that’s what happened to Davis in California in 2003. Davis became enormously unpopular due to the state’s terrible fiscal condition and an energy crisis. The long-time Democrat, governor of an  overwhelmingly blue state, saw his approval numbers go deeply in the ditch with constituents across the board, including Democrats. Enter the Governator.

Successful recalls seem to require a cause and passion, or perhaps anger. Interestingly the very conservative Americans for Limited Government is touting expansion of the recall as a way to get at politicians who aren’t tough enough on spending, an issue that increasingly cuts across all political demographics.

Considering that Luna won re-election last November with just over 60% of the vote – more than 268,000 total votes – the cause he represents – his package of education reform bills – will have to be extremely unpopular for the recall to get real legs. To date, I know of no public polling on how Luna’s education policies are playing with Idaho voters, but  public comments in the media, on newspaper websites and in legislative hearings seem to trend pretty strongly against. Across the state local school boards are scrambling to implement changes, consider more layoffs and four day school weeks and deal with another year of declining budgets.

But it’s an open question as to whether this all adds up to the type of cause that typically drives a recall and whether the passion is deep enough to propel a grassroots signature campaign that results in an election. Having said that, education has often been a mobilizing issue in Idaho. Many voters may not care much about the big policy debates in Boise during a long legislative session, but they do care about the local schoolhouse and they have opinions about whether the students they most care about are getting the right kind of education.

Bottom line: the Luna recall will have to catch fire very fast and burn very hot to have a chance to succeed.

As a curious footnote to recall history, North Dakota’s booted Gov. Lynn Frazier wasn’t out of office for long. About a year after being recalled, Frazier ran for the U.S. Senate and won. He served in the Senate for 18 years until losing a Republican primary in 1940. Further proof, perhaps, that recalls are fueled by the passions of the moment and passion can cool quickly.

Marketing, Uncategorized

Pass/Fail

Tough Session Draws Tough Reviews

Idaho Democrats have called the just completed legislative session “the worst in memory.” Republicans, who overwhelmingly dominate in Idaho, say just a minute, it wasn’t all that bad.

Idaho’s editorial pages are weighing in with generally very tough judgements about a session that stripped collective bargaining rights for teachers, “reformed” education to move policy strongly in the direction of more on-line learning, fewer classroom teachers, “pay for performance” and less money.

The Idaho Press-Tribune in Nampa gave letter grades ranging from three A’s to two F’s and one D. Grading on the curve, the IPT comes down with an overall “B,” while praising lawmakers for meeting their Constitutional obligation to balance the budget and for cutting education spending by only $50 million.

The Twin Falls Times-News compares this year’s session to Gov. Len Jordan’s first session in 1951 when the newly elected Jordan called for, among other things, the closure of state colleges in Lewiston and Albion. The paper says that ’51 session has long been viewed as one of the worst with long-standing consequences, but then suggests the just ended session may have been worse.

“The first session of the 61st Legislature adjourned Thursday with a state bitterly divided over Superintendent of Public Instruction Tom Luna’s education reform proposal,” the paper’s Sunday editorial said. “Lawmakers slashed state support for Medicaid by $35 million, public school funding by $47 million and higher education dollars by $8 million.

“Legislators passed a bill restricting abortion that’s probably unconstitutional, changed the Republican primary so that only party faithful may be able to vote, authorized the governor to declare a “wolf emergency,” made dairies’ nutrient management plans trade secrets, and rewrote Idaho’s Right to Farm law so broadly that it might limit counties’ ability to regulate the expansion of slaughterhouses, potato-processing operations and cheese factories.”

The Idaho Statesman’s Sunday edit was headlined “Difficult and Damaging” and concludes that history may not judge the 88 day session very kindly.

“A session to be proud of? Not even close,” the Statesman said.

Marty Trillhaase, writing on the Lewiston Tribune’s editorial page Sunday, said: “The men and women who sat out the winter under the Capitol dome have delivered a government that is radically different: Lawmakers become lawgivers — Time was, if lawmakers wanted to pass a sales tax or shift schools from local to state support, they asked you. They coaxed you. They won your support. And they took their time.

“Today’s lawgivers descend from Mount Heyburn and inform the rest of us how life is going to be.”

Meanwhile, a referendum effort has been launched to take State School Superintendent Tom Luna’s reforms to the voters and backers of a recall Luna campaign say they are ready to gather signatures.

A couple of weeks, as astute political observers say, is a life-time in politics. The heartburn over this session my fade fast, as fast as these newspaper editorials hit the recycle bin or line the bird cage. But, then again, if those who felt they got the short end of a long stick from this year’s legislature can keep the image alive that has been almost universally depicted by the editorial writers then this session may have lasting political, as well as policy implications.

Stay tuned.

American Presidents, Baseball, Mansfield, Mark Twain, Obama, Politics

Trust

Coin of the Realm in Politics

Potentially one of the side benefits to come from the budget deal struck late Friday was the development of a modicum of trust among House Speaker Boehner, Senate Leader Reid and President Obama.

It is a testament to the generally awful state of partisanship in Washington these days that Obama and Boehner, according to several accounts, spent more personal time together over the last week than they have in all the time Obama has been in the White House. Something is wrong with that picture.

Trust, built upon a genuine personal relationship, is simply critical to getting anything done in politics. Without it you can’t make a deal, shake hands and know that the pact is secure.

Boehner told a television interviewer over the weekend that he and Obama now “understand each other better.”

“Throughout these meetings over the last four or five weeks we’ve been straight up with each other, and honest with each other,” the Ohio Republican said. “Certainly haven’t always agreed, but it was a good process.”

A Boehner aide said, probably sending shudders down the spine of Tea Partiers, that the GOP leader and the president “believe the other operates in good faith. I think they are friendly, but not quite good friends at this point. Maybe some day.”

It’s easy to dismiss the personal relationship factor in high stakes politics, but our history is full of examples were the personal touch, backed not by agreement always, but always reinforced with trust, has made progress possible.

The great Montana Senate Majority Leader Mike Mansfield insisted that Senate GOP leader Everett Dirksen get the lion’s share of the attention when the Senate debated civil rights legislation in the 1960’s. Even though Mansfield outranked him, the important meetings were held in Dirksen’s office and Mike gave way to Ev when it came time to talk to the press.

Ronald Reagan and Tip O’Neill couldn’t have been different politically, but they developed personal rapport and that led to trust. Obama and Boehner would do well to study that model.

By all accounts, Obama and Boehner love their golf. As the cherry blossoms come out in Washington pointing to the end of a gloomy winter, Obama ought to call up the Speaker, pick him up at the Capitol and find a place where the two of them – maybe with one key aide apiece – can play eighteen and finish with a couple of beers.

Progress is politics is made of such small, but meaningful gestures. Now is the time to build more trust. The next budget deal will be much more difficult.

2016 Election, Campaign Finance, Health Care, Supreme Court

The Judges Decide

The Supremes and Health Care Policy

As the first anniversary of the controversial national health care reform legislation – or more correctly health insurance reform legislation – came and went a while back there was increasing acceptance of the notion that the U.S. Supreme Court will get the last word on the issue that continues to shape our politics.

That word will likely be handed down across the street from the U.S. Capitol right in the middle of the next presidential election campaign.

One of the most vocal defenders of the controversial law, New York Rep. Anthony Weiner, admitted recently what many are thinking: the Supreme Court will overturn the law, or at least the portion that mandates individual coverage. “If lightning strikes, and it turns out that as many of us believe, the Supreme Court turns out to be a third political branch of government and they strike down the mandate — big deal,” Weiner said. “Big deal!” Weiner argues that rejection of the individual mandate requirement will re-open the debate about the so called “public option.” We’ll see.

It will be fascinating if, as Weiner and others predict, the nine justices of the nation’s highest court enter this political thicket. There was for a time in our history a self-imposed reluctance on the part of the court to stick its nose far into the “political” territory of the Congress and the president. Barring a sharp question of Constitutionality, judges once thought it the “conservative” position to defer to the elected branches of government on questions of broad policy.

Conservatives would argue that those days of real judicial restraint became sand through the hour glass during the “activist” days of the Warren Court in the 1950’s and 1960’s. Liberals argue, on the other hand, that it has been “conservative” courts, beginning most importantly during the Reagan Administration, that have ranged far and wide over the political territory that some suggest is better left to legislators and to the one person in our system who is elected by all the people – the president.

But whether you consider it “activist” that the Supreme Court, almost eagerly it seemed, stepped into the Florida recount in 2000 and ultimately ruled in a way that put George W. Bush in the White House, or that Chief Justice Earl Warren worked hard to engineer a unanimous Supreme Court decision in 1954 to overturn state laws allowing racial segregation, the fact is that the Supreme Court – and particularly the very conservative majority on the Roberts Court – is poised to impact the political narrative of 2012. It has happened before. The Brown v. Board of Education decision on segregation, and subsequent Congressional efforts to enforce and expand on the decision, were arguably a catalyst for the systematic and still continuing swing of the southern United States from the Democratic to Republican parties. Richard Nixon’s now famous – or infamous – “southern strategy” in 1968 successfully capitalized on the sense that “activist” liberal judges were remaking the country in a frightening way.

Earlier in the 20th Century, another unanimous Supreme Court, this time in 1935 and with a conservative majority, happily overturned the cornerstone of Franklin Roosevelt’s New Deal reforms by rejecting much of the National Industrial Recovery Act. FDR was livid, particularly with “liberal” judges like Louis Brandeis who were willing to reject his reforms that enjoyed broad public and Congressional support. Roosevelt contended the “nine old men” on the 1930’s Court were intent on imposing on the country a “horse and bugging” definition of interstate commerce, while rejecting the needs of small business and individuals. Safely re-elected in 1936, Roosevelt tried to get even by “packing the court.” He lost badly and the political bitterness and impact of that fight lingered for years.

In a splendidly provocative and highly entertaining new book, The Conservative Assault on the Constitution, Erwin Chemerinsky, the founding dean of the UC Irvine Law School, and a widely respected Constitutional scholar, argues that it is conservative judges, at least since the days of Nixon, who have done the most to change the way we think about – and judges apply – the 21st Century Constitution. “

Since 1968,” Chemerinsky writes, “conservatives have sought to remake constitutional law and they largely have succeeded. They initially set out to overturn the decisions of the Warren Court, but soon began to aggressively pursue a vision of constitutional law that consistently favors government power over individual rights … and the interests of businesses over individual employees and consumers. Because decisions come one at a time over years and because the Court never overruled the Roe v. Wade abortion decision (though it came within one vote of doing so), it is easy to underestimate how successful the conservative assault on the Constitution has been.”

Professor Chemerinskey cites numerous cases, involving everything from the rights of criminal defendants to what he calls the “re-segregation” of American schools, to buttress his point. Perhaps the highest profile recent example – Citizens United – found the Roberts Court, apparently with little hesitation, overturning a century of settled law when it allowed, on First Amendment grounds, unlimited and unregulated corporate money to re-enter American politics.

Whether you agree or not that “conservative judges” have become the real judicial activists, it’s indisputable that “liberals” have lost the battle to frame broad political battles around the court’s make-up and decisions. Richard Nixon drew the political lines that have defined more liberal justices as the activists, while conservatives talk almost exclusively of Justices like Roberts, Scalia and Thomas as staunch defenders of the Constitution, motivated by real “judicial restraint.”

We will soon see how well that framing hangs together when a conservative Roberts Court overturns the liberal health policy reform of a Democratic Congress and president. Barack Obama already had his mini-FDR moment when he directly criticized, to the justice’s faces, the Court’s Citizens decision. The president may soon have reason, in the middle of his re-election campaign, to take on the “activist Roberts Court” again and once again the Supreme Court – appointed for life and presumably insulated from the daily grind of partisan politics – could dramatically impact American politics.

Civil Liberties, Poetry

Poetry Month

Billy Collins on…What Was It?

In celebration of National Poetry Month – I love that poetry month coincides with the start of the baseball season – a great little poem for all of us growing a little older every day.

Forgetfulness

The name of the author is the first to go
followed obediently by the title, the plot,
the heartbreaking conclusion, the entire novel
which suddenly becomes one you have never read, never even heard of,

as if, one by one, the memories you used to harbor
decided to retire to the southern hemisphere of the brain,
to a little fishing village where there are no phones.

Long ago you kissed the names of the nine Muses goodbye
and watched the quadratic equation pack its bag,
and even now as you memorize the order of the planets,

something else is slipping away, a state flower perhaps,
the address of an uncle, the capital of Paraguay.

Whatever it is you are struggling to remember
it is not poised on the tip of your tongue,
not even lurking in some obscure corner of your spleen.

It has floated away down a dark mythological river
whose name begins with an L as far as you can recall,
well on your own way to oblivion where you will join those
who have even forgotten how to swim and how to ride a bicycle.

No wonder you rise in the middle of the night
to look up the date of a famous battle in a book on war.
No wonder the moon in the window seems to have drifted
out of a love poem that you used to know by heart.