A World Turned Upside Down?

There is a possibly apocryphal story that, upon surrendering to the American revolutionaries at the Battle of Yorktown, General Cornwallis instructed the British Army band to play “The World Turned Upside Down”. The situation must certainly have seemed so to the British, smugly certain of victory against the colonists, whom they deemed to be mere rabble—the “Deplorables” of their day. These farmers, laborers, and small business owners certainly must have seemed to be no match for the power and glory of the Empire at the very peak of its influence.

The world has now turned upside for a great many people who were convinced the sun would never set on the D.C. empire of ever-expanding government and regulation fueled by ever-increasing tax hikes and federal bureaucracy. Watching the sea of exceedingly sour Democratic faces during President Trump’s State of the Union address last week, it was hard not to feel a twinge of sympathy for those who still cannot seem to reconcile themselves to the new reality. This perhaps helps to explain the policies and positions now shrilly advocated by the Democratic minority that seem so at odds with both their party’s historical norms and current rhetoric.

I grew up with a Democratic Party aligned to the interests of blue collar workers. This stance obviously translated into policies that put cash into the pockets of the hard-working middle class that created so much of our nation’s prosperity through both their labor and personal spending. Although I realize the Democrats many years ago morphed into the party of Silicon Valley and Wall Street—it is no mere coincidence that Nancy Pelosi is from San Francisco and Charles Schumer is from New York—I believe their implacable opposition to the business and personal tax cuts recently enacted by the Republican Congress is spectacularly suicidal. Staking out an unyielding position against a bill that is already driving capital investments by businesses, prompting many corporations to hand out immediate cash bonuses to their employees, and reducing the federal tax bite for the vast majority of workers seems difficult to understand except as a short-sighted defense of overpaid D.C. bureaucrats instead of our tax-weary citizenry. For someone old enough to remember the Democratic Party as it used to be, this seems an upside down reality.

By the same token, it is probable that several shelves of books will someday be written to explain the Democratic somersault on the subject of illegal immigration. Democrats have somehow quickly moved from President Obama’s early vows to crack down on illegals to a current advocacy—if not outright endorsement—of sneaking into the United States and staying here. This stunning change in perspective among Democratic lawmakers is, in addition, today conjoined with a reflexive support for unabated migration from nations known to support terrorism. One has to wonder how Democrats plan to win back voters who don’t live in. . . San Francisco or New York. Watching so much of the nation’s electoral map turn Republican red two Novembers ago should have been sufficient to convince all but the most ideologically blinded to reconsider extremist immigration policies that helped put their party out of power—but it seems that upside down is the position still preferred by many Democratic loyalists.

By the same token the Democratic Party’s loud defenses of both the FBI and Special Counsel Robert Mueller, both of whom recently seem to be executing their investigative duties in manners that should raise the eyebrows of all but the most extreme partisans, also appear quite odd when put in historical context. I am old enough to remember when liberal Democrats (Is there any other kind today?) deeply distrusted the FBI and its motivations. Moreover, one need only glance back at the Clinton presidency to discern a very different attitude toward special investigations with elastic and expansive mandates.

The dead end search for Russian collusion in the 2016 election now seems to have mutated into an endless fishing expedition—accompanied by far too many self-serving and inflammatory leaks to the press—that serves to provide the unending appearance of wrongdoing in the absence of actual evidence. One need only to flashback to Kenneth Starr and his dim-witted defense of democracy, which eventually took the form of prosecuting the President of the United States for Oval Office nookie, to wonder what has snapped inside Mr. Mueller’s Democratic cheerleaders, who seem to have completely forgotten the damage done by odd investigative zealotry just a couple of decades in the past. Reality again lands bottom side up.

There is, however, one ongoing investigation in Washington that has real potential to be a political—and perhaps Constitutional—bombshell. Someday soon the Inspector General for the Department of Justice will be releasing a report regarding the FBI investigation of the Hillary Clinton email scandal—and the inexplicable assertion by former FBI Director James Comey that no federal laws were violated by either Secretary Clinton or her associates. If the Inspector General’s report were to show that the highest law enforcement officials in our nation were in fact tailoring their investigations and prosecutorial recommendations to help throw a U.S. Presidential election to one candidate over another, that would be a crisis of monumental proportions that would compel swift action to restore the integrity of our federal government.

Failing this were it to be necessary, our faith and trust in the guarantees embodied in the Constitution would be turned upside down, inside out, and shaken to the core. We cannot allow this to occur.

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Why There May Not Be Any DACA Fix

Over the years I have seen a lot of wonderful foreign students pass through my classroom doors. They have been, for the most part, very hardworking and attentive. Many have spoken to me about their plans to remain in the United States after their educations were completed. Others discussed returning to their home countries and utilizing their newly acquired English language skills to start businesses or work in international trade or finance. Some were unsure of their long term plans, but they were enjoying their adventure of being a foreigner in another land in much the same way that so many generations of Americans have traveled abroad to expand their personal horizons.

We, however, have another unique class of “foreign student” here in the United States, those who were brought here as children by parents who illegally entered the United States. Some of these individuals have strong ties to their native countries; others are as American as apple pie. All are living in legal limbo, and President Trump’s decision to end the DACA (Deferred Action for Childhood Arrivals) policy that was instituted through an executive order by President Obama has thrust the fates of these children, adolescents, and adults—not all of whom, of course, are now or ever were students—into the spotlight.

Congress is today on the hot seat to provide a legislative solution before the March deadline by which DACA will fully expire. Although it is still possible that a solution will be found, my sad prediction is that nothing will be resolved, which will force the roughly 750,000 men, women, and children impacted to eventually leave the United States. If this happens, it will not be primarily due to either heartlessness or hatred—although many will present it this way. It will instead occur because these lives will be forfeit to the political needs of those on both sides of the issue.

Donald Trump ran for President on a platform that promised to both kick out illegal immigrants and restrict the flow of legal immigrants from countries known to support terrorism. Although many of those previously covered by DACA fall into a special category that even President Trump agrees deserves some special consideration, their fate is inextricably bound to other immigration-related issues he has advocated, which include significant changes to our visa programs and construction of a border wall with Mexico. At this point in time he has little incentive to compromise on any of his campaign pledges, and the possibility that Congressional Democrats might impede the passage of a federal budget as a form of negotiating leverage, forcing a government shutdown, must make President Trump and his supporters rub their hands together with glee. Any further opportunity to weaken federal bureaucracies that have been distinctly unfriendly to his policies and programs is likely just fine with him, and Mr. Trump will certainly enjoy the opportunity to castigate Democrats for their intransigence.

Democrats will have their own problems with giving ground to smooth a compromise solution. Because a substantial portion of their most passionately supportive voter base resides in Sanctuary Cities or, under a new law that went into effect in California at the start of this year, a Sanctuary State, there will be little appetite for anything other than a total victory that immediately grants full citizenship—or an expeditious and easy path toward it. This will, however, likely block any possible deal because many in Congress—mostly Republicans but some Democrats as well—will be much more comfortable with a renewable application for residency and the right to study or work that will be, more or less, a permanent version of the short-term solution that DACA represented. Nonetheless, even a whiff of compromise with a President who is widely and wildly reviled by liberal Democrats is going to be functionally impossible because many will see the least accommodation as total surrender—and their vociferous opposition would scuttle any deal.

These are significant—and perhaps intractable—problems that will make any solution for those whose continued residency is jeopardized by the end of the DACA program very difficult to achieve. However, there is one additional twist to this issue that haunts my somewhat cynical view of professional politicians and their motivations—motivations which are sometimes quite different from those of the nation they profess to serve.

Although many are certain the Democrats will do everything possible to “save” those who might otherwise be forced to leave because they will potentially gain several hundred thousand new voters in key electoral states such as California, Texas, and New York, the cold political reality is that the Democrats might secure far greater political advantage by failing to cut a deal. People rarely are motivated by an injustice that is averted, but the level of outrage large-scale deportations would generate among key Democratic constituencies could drive stupendous increases in donations from wealthy liberal individuals and progressive groups. Given the well-documented fundraising woes of the Democratic Party since Hillary Clinton’s devastating defeat last year, this could be a perverse incentive to negotiate less ably.

Moreover, 2018 midterm Democratic electoral campaigns could focus on the need to elect more progressives in order to stop President Trump’s entire agenda, which liberals characterize as venomous toward the vulnerable, and the failure to reach a deal to protect those formerly protected by DACA could provide a useful focus for the rage of the “Resistance”, whose energy and dedication will be key factors in motivating voters. It does not take much effort to imagine the wave of outraged press conferences and tear-jerking campaign ads painting President Trump and the Republicans who support him as inhuman monsters who cruelly tear apart families and destroy innocent lives. Fundraising appeals and campaign speeches could even promise an immediate vote on impeachment if enough seats are flipped in the midterm elections, which would encourage a lot of frustrated liberals and left-of-center moderates to both donate and vote for Democratic candidates.

As much as I would like to believe a sensible and fair deal that will allow those who are hardworking and law abiding to remain can happen, I cannot help but wonder whether compromise is possible or—for some among the Democratic Party leadership who might believe they can win by losing—even all that desirable.

Pay close attention, America. The next couple of months could reveal much about the men and women leading our nation.

The Hangover

The question at the heart of the movie from which I am taking the title of this commentary—“What the hell happened last night?”—is perhaps an apt description of the state of the Democratic Party today. It seems to me that a lot of energy is still being expended trying to figure out “what happened” last year to derail the dream of a liberal utopia where the party would never end. Watching Hillary Clinton now wander the country like Marley’s ghost, rattling her chains and bewailing her fate, one has to wonder when those who are still stunned by the election of Donald Trump—and the many sharp policy turns his ascendancy represents—are going to snap out of their stupor and fully engage with the many changes now afoot.

To say that the political and social Left in America is in an exceedingly surly mood is putting it mildly. Having convinced themselves in 2008 that the election of Barack Obama signaled the beginning of an inevitable electoral wave that would permanently put their policies in place, most were stunned when the tide receded and Democrats suddenly found themselves with the lowest percentage of state and federal elected officeholders since the 1920’s. As much as those who voted for Hillary Clinton like to comfort themselves with the fact that she received more popular votes, the basic problem still remains that Secretary Clinton was running for President of the United States—not Empress of New York or Queen of California. Watching the middle of the nation turn bright red on Election Night, leaving only isolated blue redoubts on the coasts and Chicago, liberals were left to curse the grim math of the Electoral College and cling to the hope of still elusive proof of Russian collusion, neither of which has yet yielded much beyond cranky sound bites on CNN and MSNBC.

And so the hangover began.

To say that the Democratic Party has a long road to recovery on a national level is like saying someone who has been run over by a truck—and is now sporting a body cast—is a little under the weather right now. Locked out of power in D.C. and many states, Democrats have resorted to erecting the moral equivalent of a spite fence by continually castigating Republicans for their hateful ignorance while reassuring themselves that today is all nothing but a bad dream that will pass when they awaken to find Trump is finally indicted and removed from office.

This might not be the wisest course of action. If the Democratic Party is going to rebound sooner rather than never, it seems three specific actions would get them off to a good start:

Elevate the next generation of leadership—immediately.  It is time to finally admit that the folks who lead you down the road to ruination need to be replaced. The “Chuck and Nancy” show in the Senate and the House has clearly run its course, and the next tier of loyal Capitol Hill lieutenants who have also helped to propel today’s electoral meltdown are little better. The time for a shake-up is right now. The longer the Democrats wait and keep fresh talent on the shelf, the longer it will take to turn around their national fortunes.

Prioritize. The Democratic agenda that has developed over the past few decades boils down to the following: “Everybody should be given everything they want (unless it is a bottle of pop or a Nativity scene) by the government for free every time they ask for it—and no one need suffer from an opinion contrary to our own regarding the need for this.” As a result, our nation has ended up with a tottering and financially unsustainable big government monster that has turned the Democratic Party and its supporters into an easily caricatured herd of pettifogging bureaucrats who seem to have their noses in everybody’s business—all while gleefully belittling those whom they don’t like. It is little wonder that so many voters are ditching them. It’s time for a thorough discussion to distinguish what is important from what is tangential. After this is done, Democrats can pick a few signature issues and rebuild their tattered brand. However, if they plan to continue to be all things to all people (except for, of course, those people whose opinions and values they don’t like), the Democratic Party can expect a long stretch in the wilderness.

Talk less and listen more. One of my father’s favorite sayings was this: “You’ve got two ears and only one mouth—that should tell you something.” The unfortunate Democratic propensity for telling everyone (very loudly) why they are wrong has not won a lot of votes recently. It might be better to put down the mocha lattes and spend some time around voters who don’t live in New York, San Francisco, or a college town. Someone who disagrees with a core Democratic tenet is not necessarily a disagreeable individual; it is simply a fact that their beliefs are being informed by different life experiences, values, and judgments. Most people are fairly reasonable and are willing to have a sensible discussion on a variety of issues; if, however, your conversational style tends to leap into sneering condescension directed toward those whose beliefs differ from your own, you’re going to have a hard time convincing anyone. Moreover, sometimes you just have to adjust to the possibility that—incredible as it might seem—you are just plain wrong. That’s a bitter pill for some to swallow, but that might be just what is necessary to prompt a Democratic renewal.

Will any of this happen? I hope so. Thoughtfully planned and executed government policies play a major role in improving our daily lives and ensuring a bright future for our nation, and we need cooperative and respectful dialogue to create a better tomorrow for our citizens and our country. Most importantly, given the broad range of challenges ahead, we need voices from across the political spectrum involved. It is not healthy for our country to have the electoral math so skewed in one direction, and a reinvigorated and resurgent Democratic Party could play a significant role in promoting programs that would ensure a more broad-based prosperity.

However, to be honest, I don’t yet see this happening. The Democratic finger-pointing and purity tests seem still to have to run their calamitous course. However, I humbly offer this blueprint for a path forward. If my suggestions turn out to be wrong, so be it. I offer them for whomever might care to listen—from one concerned citizen to another.

The DACA Dilemma

President Trump’s decision to end the DACA (Deferred Action for Childhood Arrivals) program, which had prevented most deportations of those brought here as children by parents who entered the country illegally, ignited a firestorm of condemnation this past week. One would certainly have to be hard hearted to not sympathize with the plight of those who are “American” in every way except their citizenship, and most Americans seem to be in favor of federal legislation that will offer a path to citizenship for those who meet certain criteria. The very fact of the DACA program, penciled into existence as an executive order by President Obama in 2012 after Congress failed—yet again—to pass comprehensive immigration legislation, speaks to both the complexities and contradictions that bedevil any resolution to this issue.

The most obvious complexity surrounding those children, adolescents, and (now) adults who were temporarily protected from deportation by DACA is that many in Congress fear granting special status or even outright citizenship to them is essentially a reward to the parents who smuggled them into the United States—and may encourage other foreigners to do exactly the same to secure U.S. citizenship for their children.

I am old enough to remember the “one-time-only” amnesty during the 1980’s Reagan administration that was supposed to fix this problem—once and for all. The crux of the problem is that rewarding people for any bad behavior will—even if you wag your finger forebodingly—only encourage more of the same. Providing an express route to citizenship for those who were protected by DACA will likely serve as an irresistible temptation for yet more undocumented parents to smuggle their equally undocumented children over the borders in the years ahead—count on it.

Any legal solution is guaranteed to anger advocates on either side of this issue. If we grant a loophole in established immigration law, parents with children will continue to have a huge incentive to sneak into the country. If we establish an arbitrary cut off—for example, if we provide permanent residency or citizenship only for those who arrived before DACA was first established—we can expect protests from both those who arrived afterward and were led to believe they would be protected from deportation indefinitely and those states that are most impacted by illegal immigration and expected President Trump to honor his campaign pledge to end the DACA program soon after he was elected. If we move to immediately enforce the law and simply deport all those who are residing here illegally now that their DACA protections are gone, it would obviously be wrong to ask those individuals to suffer due to the lack of permanent fix to a supposedly compassionate temporary policy that has now left them without both home and country.

Of course, whatever the outcome of this debate, we must remember that DACA was not a law—it was an administrative bandage put into place by President Obama that was of questionable legality and completely ignored actual Federal law. One of the reasons President Trump has ended the DACA program now is that his administration was about to be sued by states that wanted it ended immediately—and very likely would have prevailed in court. The six month delay in enforcement that he has insisted upon will at least provide a window for Congress to finally craft a permanent legal solution to this issue that will combine compassion and common sense.

Cue the contradictions.

As is the case with most thorny issues, this one is made yet more difficult by both politics and money. Those on both sides of the debate on this matter are often compromised by self-interests that lie just beneath the surfaces of their sanctimonious rhetoric. If this were merely a matter of providing a reasonable solution that balances practicality and the eternal American promise of fair play, it would likely have been resolved long ago.

Up until recently, organized labor and their supporters in the Democratic Party were totally adverse to the idea of an illegal immigrant amnesty because it was presumed the net effect would be to take away jobs from Americans and depress wages. However, now that Democrats are anxious to firm up the electoral firewall that so spectacularly failed Hillary Clinton last year, support for immigration—both legal and illegal—has become a litmus test for the Party and it members, who presume this issue will work to their advantage with a fast-growing Hispanic population and animate their core of liberal voters. Not surprisingly, Republicans are allergic to creating more potential Democratic voters in states like California, Texas, Illinois, New York, and Florida that are both heavy on electoral votes and packed with individuals affected by a DACA repeal. Whatever else is said by politicians on both sides of this issue, any solution to the problems posed by DACA and its repeal is affected by cold calculations regarding electoral loss and gain.

The monetary component of the problems regarding DACA—and most other immigration issues—is that many major employers in localities and states across the nation are heavily dependent on foreign workers. Tech companies in California and elsewhere—Apple, Google, Amazon, and Facebook among others—are anxious to keep open their pipeline to computer programming and software design talent from abroad, and they are terrified of any effort to restrict immigration or ramp up enforcement of existing laws because it might impact their ability to move new products and services to market and decrease their amazing profitability. On the flip side, industries that need a steady stream of compliant and near-invisible employees to perform dirty and often dangerous jobs—seafood and meat processors, hotels, restaurants, and un-automated factories being the most visible examples—worry that the loss of illegal immigrant labor will lead to wage pressures that will erode their sometimes marginal profitability. Our high-flown rhetoric is often contradicted by our base economic needs.

The political and economic factors that warp any discussion about immigration—legal or otherwise—have always been with us, and passing laws that are both practicable and humane will always involve compromises that will leave few happy and many dissatisfied. However, compromise we must. For either side in this debate to continue to press for pointless ideological purity is to condemn us all to partisan and damaging arguments that could leave us no further along to reaching a resolution that will allow those who grew up feeling like “Americans” to become Americans in fact—under a Federal law that will, we hope, be both fair and Constitutional.

Big Money Politics Helps Produce Political Extremism

People have been complaining about the corrupting influence of political contributions forever, and it is true that the escalating costs of running for state and national political offices have turned our elected officials into full-time fundraisers—for themselves. Given the many millions of dollars it might today cost to campaign for a Congressional or Senate seat—and setting aside the astronomical $850 million spent by the two major party candidates during the 2016 Presidential race—it is apparent that we now have a government of the rich, by the rich, and for the rich.

It is an open question just how much of the daily struggle of the average American actually gets through to candidates who are cosseted by campaign contributors handing them gobs of money. This does not become less of a problem after they are sworn into office. Upon being elected, officials immediately start to raise the dollars necessary to hold their seats, eclipsing the daily work on behalf of constituents—whose troublesome needs eat into the time that must be spent raising campaign funds.

However, the power of incumbency at least makes raising money easier because political favors now can be granted in exchange for campaign contributions, which are certainly a pernicious form of peculiarly legalized bribery. As the costs of political campaigns keep increasing, the importance of your opinion to your elected representative is ever more related to the size of your bank balance, the “pay to play” politics that disgusts most Americans. We are, sad to say, now all forced to live by the Golden Rule: “Those who have the gold make the rules.”

There is, however, another problem beyond the capture of our political institutions by wealthy individuals and interest groups—and it is helping to tear apart our nation.

Campaign fundraising used to be built around two basic appeals. On the one hand, you could attempt to appeal to the more elevated human traits of empathy or sympathy. An example of this approach might read as follows:

“Your contribution will give this puppy a warm bed tonight.”

Of course, if you really wanted to motivate potential contributors, a more crisis-laden approach was often more effective:

“Unless you contribute, this puppy will die tonight.”

If, however, you are running for political office today and need oodles of money in order to compete, a more sensationalistic and confrontational approach is preferred:

“UNLESS YOU CONTRIBUTE, MY OPPONENT WILL MURDER THIS PUPPY TONIGHT!” 

See the problem? The ongoing need for cash to keep today’s mega-million dollar campaigns afloat inevitably pushes all political discourse to the extremes because this is what best motivates contributors. Candidates can no longer afford to be gracious, reasonable, or moderate. All political opponents are now by grim necessity depicted as horrible brutes, and all opposing policy ideas are certain to result in lingering death, massive destruction, and the breakdown of civil society—because to say otherwise would not persuade anyone to write a check. Every election cycle is now Armageddon—the ultimate confrontation between good and evil—and each campaign season only further reinforces these venomous attitudes.

Big money politics have, of course, become an even worse problem over the years because of both inane Supreme Court decisions that have privileged wealthy donors and the sheer recalcitrance of officeholders who love the fundraising opportunities of incumbency and are allergic to reforms. However, reform we must if we are to have any hope of rescuing our nation from extremist politics and speech because campaign cash does more than just buy influence: It is itself a major driver of the political extremism that is both stalling our political processes and sidetracking legitimate national needs—all the while turning neighbors into enemies. Unless we can find a way to reduce the extraordinary costs now associated with political campaigns, we are likely condemned to yet more divisive and damaging political speech that will continue to hollow out the shrinking center of our national dialogue.