Archive for the ‘Democracy’ Category

Is Big Philanthropy Compatible With Democracy? – The Atlantic

In 1912, John D. Rockefeller went to Congress with a simple request. He wanted permission to take the vast wealth hed accumulated, and pour it into a charitable foundation.

Many were outraged.

John Haynes Holmes, a Unitarian minister and a cofounder of the NAACP and ACLU, told the Senate that from the standpoint of the leaders of democracy, this foundation, the very character, must be repugnant to the whole idea of a democratic society. Rockefellers effort failed. He ultimately chartered it in the state of New York instead.

A few years later, Missouri Senator Frank Walsh cited the Rockefeller Foundation as he declared that huge philanthropic trusts, known as foundations, appear to be a menace to the welfare of society.

These were hardly isolated concerns. Contemporaries, as the Stanford professor and scholar of philanthropy Rob Reich has written, worried about how private foundations undermine political equality, affect public policies, could exist in perpetuity, and [be] unaccountable except to a hand-picked assemblage of trustees.

They are, he argues, extraordinary exercises of power. Rather than responding to power with gratitude, Reich said, we should respond with skepticism and scrutiny.

Its an unfamiliar perspective. These days, wealthy philanthropists are more likely to be lauded, their names emblazoned on buildings, their pictures on magazine covers. And Reich delivered it in an unusual setting, speaking Tuesday at the Aspen Ideas Festival, which is co-hosted by the Aspen Institute and The Atlantic, to an audience that included more than a few philanthropists and foundation executives.

But hes not alone. Judge Richard Posner, the idiosyncratic jurist and leading legal theorist, has complained that a perpetual charitable foundation ... is a completely irresponsible institution, answerable to nobody. It competes neither in capital markets nor in product markets ... and, unlike a hereditary monarch whom such a foundation otherwise resembles, it is subject to no political controls either.

Its a genuine dilemma. At its worst, big philanthropy represents less an exercise of individual freedom, Reich said, than a tax-subsidized means of taking private profit and converting it into public power. And he argued that big foundations possess the leverage to bend policy in their favored direction in a coercive manner, pointing to the example of the Gates Foundations funding of educational reform.

Not all his listeners were convinced. Steven Seleznow, who had worked for the Gates Foundation to fund public-education reform and now leads the Arizona Community Foundation, argued that there is already abundant accountability built into the system. He pointed out that educational grants had to be negotiated with public officials, and then approved by an elected school board, mayor, city council, or governor. Reich, though, believes that this elides the disparities in power between a foundation offering funds, and the government entity requesting them.

If large foundations are a threat to democracy, then, is there a way to reform them short of abolishing them altogether? Reich said yes, arguing for turning the apparent vice of unaccountability into a virtue. Philanthropies operate over longer time horizons than either government or private business. At their best, Reich said, they can serve as an extra-governmental form of democratic experimentalism, piloting risky or unproven policies, testing them, then presenting them to the public for a stamp of democratic legitimacy.

Its only this sort of bold experimentation, Reich argued, that can ultimately justify the array of benefits and protections big philanthropy enjoys. Foundations are free, unlike commercial entities, to fund public goods because they need not compete with other firms or exclude people from consuming the goods they fund, he wrote in The Boston Review. And they are free, unlike politicians who face future elections, to fund minority, experimental, or controversial public goods that are not favored by majorities or at levels above the median voter.

In Aspen, Reich analogized this to academic tenuregranting freedom to work on unpopular subjects or long-term projects without the demand for immediate results. It would, he said, allow philanthropy to domesticate plutocrats to serve democratic institutions.

Of course, the vast majority of charitable foundations wont have the resources to pursue the approach that Reich claims is the only potential justification for their existence. Of the 80,000 private foundations in the United States, 98 percent possess less than $50 million. Rather than there being a ceiling on the size of foundations, there should be a floor, Reich said. He argues that donors, instead of endowing their own, small charitable foundations, which may not be able to pursue bold, risky, long-term experiments, should write checks directly to nonprofit institutions and other charitable causes.

What Reich envisions would require a radical reimagination of the philanthropic sector: vastly fewer foundations, making much bolder bets, over longer time horizons. It wouldnt be easy to achieve. But, Reich argues, it would have a crucial advantage: It would provide a model of philanthropy that would strengthen democracy, instead of undermining it.

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Is Big Philanthropy Compatible With Democracy? - The Atlantic

Lawsuit challenges Seattle campaign ‘democracy vouchers’ – The Seattle Times

A libertarian-leaning group is suing Seattle, saying its democracy vouchers program is unconstitutional.

Seattles first-in-the-nation voucher system for publicly financing political campaigns is facing a new legal challenge by two local property owners who say it forces them to support candidates they dont like.

The Pacific Legal Foundation, a libertarian-leaning law firm, sued the city Wednesday in King County Superior Court over the democracy voucher program, which was passed by voters in 2015 and is being used for the first time in this years City Council and city attorney races.

Under the program, Seattles voters decided to tax themselves $3 million a year in exchange for four $25 vouchers that they can sign over to candidates. According to the city, it costs the average homeowner $11.50 per year.

Supporters say its a novel way to counter big money in politics, to engage people who wouldnt otherwise be involved in campaigns and to help lesser-known candidates communicate their views.

But the lawsuit, brought on behalf of architect Mark Elster and landlord Sarah Pynchon, claims using their tax dollars to provide vouchers to their fellow citizens, who can then use them to support candidates Elster and Pynchon oppose, violates their free-speech rights under the U.S. Constitution.

Our free-speech rights come with a right not to speak, Elster said. Theyre putting words in my mouth. Theyre putting political speech in my mouth. Theyre using my money for political campaigns I may or may not agree with.

Alan Durning, who helped write the voucher law, called that argument meritless.

There are dozens of programs around the U.S. that use small amounts of public funds to support campaigns, to give more of a voice to ordinary people and reduce the influence of big money, Durning said. Seattles program is no different and will certainly stand up to this court challenge.

The U.S. Supreme Court has generally upheld the public financing of campaigns, within the limits of the First Amendment, saying that public financing as a means of eliminating the improper influence of large private contributions furthers a significant governmental interest helping to eliminate corruption.

Under the complaints rationale, virtually any public financing of campaigns that relies on tax revenue would be impermissible.

The lawsuit does not seek an immediate court order that would block the use of the vouchers this year; Pacific Legal Foundation attorney Ethan Blevins said that was a strategic move to give the court time to weigh the case, rather than rush a decision.

Adav Noti, a lawyer with the Washington, D.C.-based Campaign Legal Center, which supported Seattles law, said he didnt know offhand of any other lawsuit that has challenged public campaign financing on grounds that it compels speech. He called the arguments weak, noting that people typically cant sue over how the government chooses to spend their taxes and drawing an analogy to the current White House press secretary.

Could somebody bring a lawsuit saying, I dont want to subsidize Sean Spicers salary because I dont like his speech? Noti asked.

So far two City Council candidates Teresa Mosqueda and Jon Grant in the Position 8 race and City Attorney Pete Holmes have qualified to accept the vouchers by collecting threshold numbers of small-dollar contributions. Grant has redeemed the most, nearly $130,000 worth.

That particularly irks Elster, who opposes Grants call for tenants to have more control over what they pay in rent. He spoke with reporters Wednesday at his 2,850-square-foot Seattle home, which is assessed at $865,000, according to county records. While he said he is upset about his taxes going up, his concern with the vouchers is philosophical, not financial.

Grant, he said, is entitled to his opinion. But hes not entitled to my money.

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Lawsuit challenges Seattle campaign 'democracy vouchers' - The Seattle Times

Some dubious claims in Nancy MacLean’s ‘Democracy in Chains’ – Washington Post

Duke University historian Nancy MacLean has published a new book, Democracy in Chains, that is getting a great deal of favorable attention from progressive media outlets and is selling quite well online. The theme of the book is that Nobel Prize-winning economist James Buchanan, a founder of public choice economics and a libertarian fellow-traveler, was the intellectual leader of a cabal ultimately supported by Charles Koch intent on replacing American democracy with an oligarchy based on constitutional protections for property rights.

When I first came across this book and interviews with its author, I was immediately skeptical. For one thing, Ive been traveling in libertarian intellectual circles for about three decades, and my strong impression is that Buchanan, while a giant in economics, is something of a marginal figure in the broader libertarian and free-market movements. Sure, public choice theory has provided important intellectual support for libertarian views of government, but Buchanan was hardly the only major figure to work on public choice (which is basically applying economic theory to the study of politics). Many other leading public choice economists were decidedly liberal in their political views; consider, for example, Kenneth Arrow, whose foundational work preceded Buchanans. Even among the more free-market-oriented early public choice scholars, there is my late colleague Gordon Tullock (co-author of the book that won Buchanan the Nobel Prize; Tullock was stiffed because he was not formally trained in economics), George Stigler, Sam Peltzman, among others. Tullocks famous article on what came to be called rent-seeking strikes me as more influential on mainstream libertarian thought than the entire corpus of Buchanans later work.

Buchanans work on constitutional political economy was of great interest to a subset of libertarian-leaning economists, but was sufficiently obscure and idiosyncratic to have had relatively little influence on the broader movement. Ive met many libertarians who were brought to libertarianism by the likes of Ayn Rand, Milton Friedman, Robert Nozick, Murray Rothbard, Charles Murray, Julian Simon, Randy Barnett and others; Ive yet to meet anyone who has cited Buchanan as their gateway to libertarianism. Brian Dohertys Radicals for Capitalism, the best extant history of the libertarian movement, gives Buchanan approximately the attention Id think he deserves, several very brief cameos, all relating to Buchanans foundational work in public choice.

The other reason I was immediately skeptical of MacLeans take on Buchanan was because her portrayal of Buchanan did not mesh with my personal experience. I only met Buchanan once, at an Institute for Humane Studies gathering for young libertarian academics around 20 years ago. The devil himself (Charles Koch) was there. Buchanan gave the keynote address. What did this arch defender of inequality and wealth talk about? He gave a lengthy defense of high inheritance taxes, necessary, in his view, to prevent the emergence of a permanent oligarchy. Not surprisingly, perhaps, Democracy in Chains fails to note Buchanans strong support of inheritance taxes. [Update: He in fact publicly supported a 100% inheritance tax.]

My confidence in the book did not increase when I saw that MacLean tied the rise of the early libertarian movement to hostility to Brown v. Board of Education, and libertarian ideology in general and public choice theory to the work of John Calhoun, which did not jibe with my own research and experience.

When the book arrived, I eagerly looked for her sources supporting the notion that modern libertarianism owes a massive debt to Calhoun, a theme on which she spends her entire prologue; later in the book, she claims that the libertarian cause traces its lineage to Calhoun. It turns out that she cites two articles noting similarities between Calhouns theories of political economy and modern public choice theory, and also cites to two pages of Murray Rothbards 1970 book, Power and Market. To put the two pages from Rothbard in perspective, I have in front of me a volume with the entire run of the New Individualist Review, a pioneering libertarian academic journal published at the University of Chicago in the 1960s. The index has multiple citations to Mill, Friedman, Hayek, Hobbes, Montesquieu, von Humboldt, Smith, Rand and other classical liberal and libertarian luminaries. Calhoun, meanwhile, does not appear in the index. Not once.

Meanwhile, in Chapter 3, MacLean claims that contemporary libertarians eschewing overt racial appeals, but not at all concerned with the impact on black citizens, framed the Souths fight as resistance to federal coercion in a noble quest to preserve states right and economic liberty. Nothing energized this backwater movement like Brown. MacLean identifies only two such libertarians, Frank Chodorov and and Robert LeFevre. I cant check her citation to LeFevre, because its from private correspondence that I dont have access to. But her citation to Chodorov fails to support her assertion.

The article she cites by Chodorov can be found here. In it, Chodorovpraises Brown: The ultimate validation of the Court decision,which undoubtedly ranks among the most important in American history, lies in the fact that it is in line with what is deepest and strongest and most generous in our historical tradition. Chodorov goes on to point out that merely prohibiting segregated schools wont lead to integration because of residential segregation, and concludes that hostility to integration may lead some southern states to open up publicly-funded education to competitive private schools, which would mean what began as an attempt to evade an unavoidable change in an obsolete system of racial segregation might turn into an interesting educational experiment. Chodorov does note that among opponents to Brown there is a very genuine feeling that education is a matter reserved for the states, but again this is in the context of him praisingBrown.There is nothing in this piece remotely celebrating southern resistance to federal coercion in a noble quest to preserve states right and economic liberty. And there are more subtle errors as well. MacLean portrays Chodorov as being excited that Brown presented the opportunity to do away with the public school system, when in fact he specifically envisioned a larger network of private schools, denominational and non-denominational, side by side with the general public school system.

More to come.

[I wrote this post before I saw co-blogger Jonathan Adlers post detailing various other controversies over Democracy in Chains." I recommend that post, which anticipated a future post I planned.]

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Some dubious claims in Nancy MacLean's 'Democracy in Chains' - Washington Post

Hong Kong protesters arrested for democracy protest ahead of Xi’s visit – Reuters

HONG KONG Hong Kong police on Wednesday arrested pro-democracy protesters, some of whom scrambled up a monument symbolizing the city's handover from British to Chinese rule, a day before Chinese President Xi Jinping is due to arrive for the celebrations.

Hong Kong marks the July 1, 1997, handover on Saturday, amid calls for democracy and fears of creeping influence of Communist Party leaders in Beijing undermining the "one country, two systems" formula under which it operates.

The city is under lockdown, with a massive security presence expected for Xi's arrival on Thursday.

About 30 protesters, including student protest leader Joshua Wong, gathered at the six-meter "Forever Blooming Golden Bauhinia" statue on the Wanchai waterside, a gift to Hong Kong from China, in front of the Chinese national flag and hundreds of perplexed Chinese tourists.

The sweet-smelling bauhinia is the official Hong Kong emblem.

They unfurled a black banner demanding full democracy for the city and the unconditional release of Nobel Peace Prize winning activist Liu Xiaobo, who was recently diagnosed with terminal liver cancer.

"Democracy now. Free Liu Xiaobo," the protesters shouted. "We do not want Xi Jinping. We want Liu Xiaobo."

Xi is due to arrive on Thursday afternoon and make a speech before joining celebrations to mark the handover on Saturday, when he will also swear in the citys next leader, Carrie Lam. Police said the demonstrators, including Wong who helped lead the 2014 "Occupy" street protests that blocked key streets for 79 days, were arrested for causing a public nuisance.

"We want to tell Xi Jinping that Hong Kong's prosperity is just a facade," Wong shouted into a microphone as he sat at the foot of the statue. "When democracy is not in sight, we need to take action to confront this system."Before the visit of Xi Jinping, it is time to urge the Chinese president, a hardliner, to release Liu Xiaobo."

Four policemen carried Wong by all four limbs into a police van as he shouted: "Hong Kong people, don't give up. Protest on July 1!"

Right next to the statue, staff were making preparations for the celebrations and lining up hundreds of chairs for guests to observe the flag-raising ceremony on Saturday.A couple of hundred Chinese tourists, gathered for the sunset flag-lowering ceremony, looked confused as they took photos of the protest before the area was cordoned off by the police.

Many asked each other, "Who is Liu Xiaobo?""It will be the 20th anniversary of the handover. Foreigners will be watching. This is not good for the image of Hong Kong," said a 58-year-old tourist from the southern Hainan province who gave her surname as Fu.

Tens of thousands are expected to join an annual pro-democracy demonstration on Saturday.

(This story has been refiled to amend first reference of Xi's arrival to Thursday in third paragraph.)

(Reporting by Venus Wu; Editing by Nick Macfie)

TOKYO An ally of Japanese Prime Minister Shinzo Abe denied on Thursday receiving secret political donations from an educational institution at the core of a scandal over suspected favoritism that has sliced Abe's support ratings ahead of a key local poll.

SYDNEY/VATICAN CITY Australian police charged a top adviser to Pope Francis with multiple historical sex crimes on Thursday, in a case that poses a dilemma for a pontiff who has vowed zero tolerance for such offences.

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Hong Kong protesters arrested for democracy protest ahead of Xi's visit - Reuters

Bill Jamieson: I’m no longer sure our democracy can survive – The Scotsman

Nothing is as it was, nothing is as it seems, and democracy is the biggest victim, argues Bill Jamieson.

Into every life a little rain must fall. But today it is a relentless downpour.

Search in vain for any break in the mist that swirls around us: rising discontent, falling incomes, social division, a Brexit nightmare, a government on the brink, a slowing economy and on almost every evening news bulletin angry disputation and ritual bludgeoning of politicians at the hands of interviewers.

READ MORE: Scots economy facing lost decade as growth stays weak

Truly a deluge has descended, and with no break in sight. So it is time for a reckoning, and I must fess up and put before you a mea culpa, a grand admission for having believed, it seems, absolutely the wrong things for more than 40 years.

Now I have believed in many things over these years, or if not fully believed, largely gone along.

I believed in a steady, if gradual improvement in things; that problems were capable of solution; prudent finance and living within ones means; that I lived in a country with a shared culture, an underlying cohesion and a definable identity.

READ MORE: David Mundell faces fresh calls to resign over 1bn DUP deal

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Most of all, I believed that we had a democracy that, for all its faults, was capable of amicable change that would ensure its preservation, as it had done for more than 300 years.

Now I am not sure of any of these things any more, or of the continuance of the democratic system as we know it.

That may seem strange when in political conversation today no commitment is expressed more often and more loudly than our regard for democracy. The will of the people must be respected this, founded on the unalienable right of voters by majority vote to determine how we are governed.

But how deep is that respect? And how many have an unshakeable belief that it ought to be so?

Few expressions of democracy in recent years have caused more disputatious mayhem than the outcome of the EU referendum.

This was held to settle a persistent and growing argument over our membership. The referendum, we believed, would clear the air, settle the argument and allow us to move on. I seriously believed this would be the case.

Instead, it has resulted in the most fractious political arguments for decades.

There is no settled opinion on whether indeed we should leave as the referendum majority wished or whether we should opt for a transitional half-way house.

There is even serious disagreement on what it was we thought we were voting for.

I, along with Leavers, thought we were voting for a restoration of sovereignty and control over immigration from the EU.

But did we really grasp the awesome complexity of leaving?

That even on an issue as apparently straightforward as guaranteeing the citizenship rights of EU nationals resident here, the EU would insist their position in the UK was to be under the watch of the European Court of Justice?

This is before the substantive negotiations begin on trade.

Already the Remainers have sown such doubt as to what it is the majority voted for that the will of the people may prove to be no such thing.

It is not the only referendum outcome that has been challenged with the ink hardly dry on the voting papers.

In 2014 Scotland voted against independence. But the result, far from being respected, has now been followed by demands for another referendum, albeit delayed until 2019 when the outcome of the Brexit negotiations are clearer.

So what is the point of having referendums if the governing party doesnt like the result and seeks another one? And how much more respect will be shown to the outcome of this vote if it does not meet the approval of the administration?

Today we are struggling to come to terms with the aftermath of the general election and a hung parliament.

The Conservatives received 13,669,883 votes, or 42.4 per cent, against Labours 12,878,460 votes or 40 per cent. Yet by general belief, Theresa May lost and Jeremy Corbyn won.

The Conservative-voting majority may baulk at this assessment.

But what is now in prospect?

The party has traditionally drawn support from those who believed it would keep taxes down and, at the least, not allow borrowing and debt to rise, lest we return to the same financial debacle as in 2008-9.

But no such programme is likely now.

Instead we are on course for Corbynism Lite.

Frustration over central and local government spending limits, worries over health and welfare budgets and now the urgent need to install fire-resistant cladding on hundreds of tower blocks and public buildings in the wake of the horrific Grenfell Tower blaze will involve remedial work likely to run into billions of pounds.

But public spending and borrowing across the board will almost certainly rise.

And now there is every likelihood that the Conservative government will resort to tax increases.

Yesterday we heard former Conservative Cabinet minister Sir Oliver Letwin MP say that well-judged and careful tax increases would be levied on a large number of people. That is a somersault on previous Conservative declarations. At least we are to be spared ill-judged and careless tax increases.

Whatever happened to the partys long predisposition towards lower taxes and a smaller state or the notion, set out by the father of conservatism, Edmund Burke, that parties represent a body of men united by their joint endeavours upon some particular principle in which they are all agreed?

What is that particular principle, exactly?

Blasted to the four winds, I fear, along with the commitment to a balanced budget.

As for the Bank of England, an institution for which I once had respect, it is hard to keep a straight face listening to the Governor, Mark Carney, as he urges restraint on personal borrowing.

This admonition, it seems, is not to apply to Bank policy, which has slashed interest rates to record lows precisely to encourage spending and borrowing, or to the public finances, where we have a record debt pile of 1.8 trillion. Should I have worried about this? Not a bit, it seems.

More than ever I have come to appreciate the wisdom of the Scots historian Alexander Fraser Tytler (1747-1813), joint professor of civil history at Edinburgh University and judge advocate of Scotland, buried in Greyfriars Kirkyard. A democracy, he wrote, is always temporary in nature; it simply cannot exist as a permanent form of government.

A democracy will continue to exist up until the time that voters discover that they can vote themselves generous gifts from the public treasury.

From that moment on, the majority always votes for the candidates who promise the most benefits from the public treasury, with the result that every democracy will finally collapse over loose fiscal policy, (which is) always followed by a Dictatorship.

As I hear the raucous exchanges every night on television, how wrong I have been on everything, from sound money to low tax; from sovereignty to coherent administration, from respect for the majority to democratic government. Wrong, it seems, wrong on everything. Sing along if you will to Je Ne Regrette Rein. Me? Je Regrette Tout.

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Bill Jamieson: I'm no longer sure our democracy can survive - The Scotsman