Future Hindsight

Agreeing on the basic fundamentals The need for positive, bipartisan discourse is acute. In today's politically charged environment, it's important to disagree in a constructive and civil way. The first step in good-faith dialogue is to start by finding fundamental policies or values you both agree on and build on them. In fact, most Americans hold the same ideals, but value them differently. Mike and his conservative co-host Jay both value justice and freedom, though to different degrees. Since they both agree justice and freedom are important, fair and rational debate becomes much easier. Equally important are the ability to keep an open mind, and to be able to see and understand other perspectives. The System is Working The Trump Administration is undeniably attacking institutions in a way that we've never seen from the executive branch before. While this is deeply worrying, the good news is that our system appears to be bearing the brunt of his attacks well. For instance, the election process worked in 2018, giving Democrats the House, which in turn led to renewed scrutiny and accountability in the form of impeachment. Many of Trump's promises have not been enacted because parts of our governmental system have worked correctly and stopped them. Trump has been frustrated in many areas, just as his predecessors were. The fact that all presidents cannot achieve all of their goals is a sign that the system is working and continues to work. Returning Debate to the Center Our media landscape often showcases the two political extremes as the dominant modes of American political thought. While this helps ratings, it is not the case. Most Americans fall somewhere in the middle of the political spectrum, where there is much overlap and common ground to be found. They are not deeply ideological, and are not interested in big things, whether that's a massive wall or a complete remaking of the American health care system. Healthy political discourse needs to keep in mind that policy options should serve the majority of the country, and not just the ten percent of extreme voters on either side. By elevating these center-oriented voices, bipartisan debate becomes easier, and solutions are easier to create. Find out more: Michael Baranowski is a political scientist with a Ph.D. from the University of Kentucky. His focus is on American political institutions, public policy, and media. He is a co-founder of the Politics Guys and serves as one of the show's liberal hosts. The Politics Guys is a podcast for bipartisan, rational, and civil debate on American politics and policy. It features independent and bipartisan political commentary, as well as interviews with liberal and conservative experts and policymakers. The Politics Guys strives to balance liberal and conservative voices equally. You can follow the Politics Guys on Twitter @PoliticsGuys

The First Amendment The First Amendment protects four types of freedom of expression: freedom of speech, belief, assembly, and the ability to petition the government for a redress of grievances. It states that "Congress shall make no law" to infringe on these four freedoms. Over time, "Congress" has been extended to include the executive branch, as well as state and local governments. The court's view of the First Amendment is extremely broad, which means that America protects more speech than any other country in the world. Defamation, harassment, and speech that incites imminent violence are the only kinds of speech that are not protected. The First Amendment also does not extend to private institutions such as universities or companies like Facebook. Undermining the Press The President is allowed to say whatever he wants about the press as a private citizen because of his First Amendment protections. However, the President cannot use the power of the federal government to exact reprisals against the press. For instance, when the White House revoked press passes earlier this year, it contravened the Constitution. Never before has a President undermined and used retributive action against the press like this, and other countries are taking note. Repressive measures like these come directly from an authoritarian playbook, and according to PEN America, the number of journalists jailed worldwide for "fake news" tripled last year because of it. America was once the moral leader on free speech issues around the world, the current administration's repressive tactics are withering that leadership. Protected Speech The problems of hateful speech and fake news are uniquely difficult because in most cases they are protected by the First Amendment. While hateful speech is protected by the government, private institutions are allowed to police content on their own platforms or campuses. The ability to share unpopular ideas should coexist in a way that still allows for open debate, but that is not always the case. At dozens of campuses, controversial speakers who are invited to speak about their views were shut down by students. Fake news poses a threat by eroding the facts democracy is based on. We cannot let the government control it by shutting down websites because they may start shutting down legitimate sites—such as climate change websites—based on political ideology. Instead, we can counter it by educating the public about how to identify fake news, and taking steps as a society to disavow propaganda and misinformation. Find out more: Suzanne Nossel is the CEO of PEN America, which she has run since 2013. In that time, she has doubled the budget, staff, and membership. She previously served as COO of Human Rights Watch, Executive Director of Amnesty International USA, and Deputy Assistant Secretary of State for International Organizations. PEN America is a non-profit organization working at the crossroads between human rights and literature. They champion free speech around the world, celebrate creative expression, and defend the liberties that make it possible. You can follow Suzanne on Twitter @SuzanneNossel, and PEN America @PENAmerica.

Law as a Framework Equality creates a framework for how we should treat others, and how we should expect to be treated by others. The institution of laws enforces the rules of equality within that framework. Law helps shape the conversations in public life and in politics about what can, and cannot, be done when dealing with more abstract concepts like fairness, freedom, and equality. Law also acts as dispute resolution when we see our intangible values being infringed upon. It helps create compromises and resolutions to problems that arise from differing values, viewpoints, and ideologies. When the Law Fails Law can fail when judges fail to empathize with someone's complaint about equality, such as in the case of Plessy v. Ferguson. Judges struck down a complaint because they thought the plaintiff was imagining his own discrimination. Their failure was one of empathy, but the legacy was one of racism and segregation. Law also fails when judges ratify policies that make broad judgements about social or racial groups. By doing this, they legitimize incorrect and dangerous ideas. They end up establishing a policymaker's incorrect judgement as law, as though it had been correct. This in turn encourages other people to increase their attacks on these groups, because they see their own views as legitimized by the law. Reframing the Debate When fighting against policies that infringe on equality, consider more than one angle of argument. For instance, Trump's Muslim ban was clearly an attempt to disenfranchise immigrants from Muslim majority countries, but it never actually mentioned Muslims. This made judges uneasy about declaring it discriminatory on the basis of religion. Instead, those opposed re-framed the debate around another American value: fairness. By arguing the ban impacted many residents already in the US with green cards, it violated their right to expect free and fair treatment. This argument was successful enough in court that the Trump Administration had to completely rewrite the ban, leaving out new countries and providing exceptions benefiting hundreds of thousands of people. Find out more: Robert L. Tsai is a Professor of Law at American University. He is also an acclaimed essayist and author, focusing on constitutional law and history. He is the author of three books: Practical Equality: Forging Justice in a Divided Nation (W.W. Norton Feb. 19, 2019), America's Forgotten Constitutions: Defiant Visions of Power and Community (Harvard 2014), and Eloquence and Reason: Creating a First Amendment Culture (Yale 2008). You can follow him on Twitter @robertltsai.

Citizens' forum The Irish Citizens' Assembly was formed in response to the severe social and economic crisis caused by the global financial meltdown of 2008. A group of political scientists, led by Jane Suiter and David Farrell, advocated for citizens to be included in debates about the necessary political reforms to address the failures of the executive. Deliberative mini publics innovate democracy by engaging citizens in constructive dialogue about the issues facing society. While many in parliament assumed citizens would always favor more spending and lower taxes, it turned out that voters who were presented with detailed information came to develop nuanced policy positions. After listening to presentations by experts, they actually favored higher taxes in certain areas and reached complex compromises about government spending. By doing so, they proved to lawmakers and skeptics that ordinary Irish citizens could be trusted with vital policy work. The case of abortion rights The first Citizens' Assembly considered the issue of overturning the ban on abortion in the Irish constitution. Over the course of five weekend-long sessions, everyday citizens heard arguments from impartial experts, medical professionals, as well as activists on both sides. At the end of their deliberations, they produced a series of recommendations, which were sent to the Irish Parliament in June 2017. 64% of the Citizens' Assembly participants recommended that abortion be legalized. In turn, Parliament put the question of legalizing abortion to the Irish public in a nationwide referendum in May 2018. It passed with 66% of the vote. The result indicates that the counsel of the Citizens' Assembly was an accurate and meaningful representation of the Irish electorate. Since then the Assembly has given policy recommendations on issues such as how the state can make Ireland a leader in tackling climate change and how to respond to the challenges and opportunities of an aging population. Ireland is a Beacon for Democracy The Assembly has strengthened trust and communication on both sides of the democratic equation – citizens and politicians – and has bolstered the legitimacy of democracy at a time when democracies around the world are under attack. Through the innovation of using citizens' assemblies, the Irish experience is showing a path to overcome the problems of democracy in decline. Politicians learned about the willingness and capacity of everyday people to make serious, nuanced policy choices for the good of the country. The Assembly has led many in Parliament to consider the advice of constituents in a new way, and to seek advice from their voters. Conversely, Irish citizens see the Assembly as a way to augment their democracy beyond voting. Other countries have noticed this. At the launch of Scotland's Citizens' Assembly earlier this year, the constitutional minister for the Scottish government praised Ireland's success as an example to follow. Find out more: David Farrell and Jane Suiter have been collaborating in research focused on Irish citizens' assemblies for over 10 years. During the economic crisis of 2008-2009, they led a group of political scientists who proposed that citizens should be brought into the heart of debates over constitutional and political reform. This culminated in the establishment of We the Citizens – Ireland's first national citizens' assembly. In 2012 the Irish government established the Convention on the Constitution: David and Jane led the academic advisory group. This was followed, in 2016, by the Irish Citizens' Assembly: David and Jane secured Irish Research Council funding to provide research leadership. David Farrell is Head of the School of Politics and International Relations at University College Dublin. He is also a member of the Royal Irish Academy. He is formerly the research leader of the Irish Citizens' Assembly and currently a member of the Stewarding Group of the Scottish Citizens' Assembly. Jane Suiter is Director of the Institute for Future Media and Journalism at Dublin City University as well as an Associate Professor in the School of Communications. She helped found the Irish Citizens' Assembly (2016-2018) and the Irish Constitutional Convention (2012-2014). She is also a founding member of We the Citizens (2011), Ireland's first deliberative experiment. The Irish Citizens' Assembly is an exercise in deliberative democracy, placing the citizen at the heart of important legal and policy issues facing Irish society. With the benefit of expert, impartial, and factual advice, 100 citizen members have considered the Eighth Amendment of the Constitution (on abortion); making Ireland a leader in tackling climate change; challenges and opportunities of an aging population; manner in which referenda are held; and fixed term parliaments. US-based deliberative democracy projects mentioned in the episode are: James Fishkin, Center for Deliberative Democracy at Stanford University Kevin Esterling and his work with online town halls. He wrote Politics with the People, Building a Directly Representative Democracy. Citizens' Initiative Review in Oregon You can follow David on Twitter @dfarrell_ucd, Jane @JaneSuit, and The Citizens' Assembly @CitizAssembly.

Responsible Statecraft Responsible statecraft should derive from serious consideration of the public interest, with robust public debate and a strong role for Congress. The Quincy Institute believes that democratizing US foreign policy to include diverse points of view from minority, immigrant, and outsider communities – in addition to foreign policy experts – will lead to more vigorous diplomacy and less military intervention. Responsible statecraft would also require Congress to take its war-making responsibility back from the Executive Branch. US foreign policy should engage the world with peaceful discourse. Military Hegemony In the aftermath of the Second World War, the US and the Soviet Union embarked on a decades-long arms race. During this time, the American military-industrial complex grew to become a vital tool of national security. When the USSR collapsed, the US became the world's only superpower. In order to secure unipolar primacy, America pursued greater military hegemony and dominance over potential rivals. Regional conflicts were viewed as existential threats to American democracy, embroiling us in needless conflict around the world. America's imperial overstretch is a result of its militarized foreign policy that believes dominating a region by force, such as in the Middle East, can lead to stability. Unfortunately, the opposite has occurred. Instability in the Middle East has led to a vicious cycle of violence and built permanent enmities worldwide. Vigorous Diplomacy The American diplomatic corps has been devastated under the current administration, coming at the heels of years-long decline. US foreign policy has repeatedly prioritized military force over diplomacy, espousing the idea of "peace through strength." This rigid and devastating doctrine has resulted in near-endless war. Instead of being neutral, the US is often on one side of a conflict and hence cannot be a mediator. As we face the climate emergency and other transnational problems, the US must prioritize rebuilding the State Department and investing in more vigorous diplomacy. American power and influence should be wielded to resolve conflicts, end wars, and enhance peace. Find out more: Stephen Wertheim is Deputy Director of Research and Policy at the Quincy Institute. He is also a Research Scholar at the Saltzman Institute of War and Peace Studies at Columbia University. He specializes in the role of US policy on the global stage, from the late nineteenth century to the present. The Quincy Institute promotes ideas that move U.S. foreign policy away from endless war and toward vigorous diplomacy in the pursuit of international peace. It launched on December 4, 2019. You can follow Stephen on Twitter @stephenwertheim and the Quincy Institute @QuincyInst.

Investigations Get Results Since 1957, BGA investigations have uncovered corruption and unfair practices throughout Chicago and the state of Illinois. A recent investigation of police shootings in predominantly African-American neighborhoods of Cook County found that of 113 shootings over seven years, none led to disciplinary action. After the findings were published, a state law was enacted requiring an investigation each time a police officer discharges their weapon. BGA also investigated and exposed the corruption of Alderman Burke in the 14th Ward of Chicago, who is now under federal indictment on multiple charges. When governments are faced with evidence of corruption they must — and usually do — act quickly to correct it. Good governance Advocacy for good governance goes well beyond exposing corruption. The BGA's policy team recommends public policies for more transparency, accountability, and efficiency. Marie Dillon, the Policy Director, participated in the mayoral transition to help newly elected Mayor Lori Lightfoot transition into office and to help her staff develop ethics reform goals. The BGA is also tracking how the new mayor's actions measure up against BGA's agenda. The combination of advocacy for sound public policy and government oversight through investigative journalism makes it possible for BGA to push for effective government reform. Getting People Engaged Voting is still the ultimate tool of accountability. To that end, a big part of BGA's civic engagement effort is to empower citizens to participate in their democracy. The way that government treats its citizens is one of the most important factors in the daily quality of life, from the safety of the roads to the quality of public schools. When citizens have little faith in their government, or see their government as unresponsive to their needs, the social contract breaks down. In the last city-wide election, BGA published stories and candidate profiles, as well as where to vote and how to vote. Good governance helps people see their investment in voting, in paying taxes, and participating in their communities as worthwhile, and become even more engaged. Find out more: David Greising is the President and CEO of the Better Government Association. Greising spent 25 years as a high-profile local and national journalist, and served as the Chicago Tribune's business columnist for more than a decade. He also recently served as the Midwest bureau chief for Reuters. The Better Government Association was founded in 1923 as a voter advocacy and election reform group. Their mission evolved in the 1950s to include investigative journalism. Since then, they have produced hundreds of investigative reports outlining corruption and other government shortcomings, resulting in lasting legislative change in the state of Illinois and city of Chicago. You can follow David on Twitter @dgreising and the BGA @bettergov.

Technology for Democracy Democracy Works remedies some of the most pervasive and mundane reasons we don't vote. TurboVote is a tool that enables online voter registration, sends out election day reminders, and even provides absentee ballots. Those mailed-in ballots are then tracked by the Ballot Scout initiative. The Voting Information Project produces the polling place and ballot data that is then used by Google and get-out-the-vote drives. By using current technology to take the hassle of voting out of our busy lives, the initiatives of Democracy Works are building a more engaged society. Partnering for Success Democracy Works collaborates with voters, state partners, and corporations to create more successful elections. Since being founded in 2012, TurboVote has registered over 7 million new voters, with 2.5 million in 2018 alone. Moreover, 63% of them were millennials or younger. Successful voter registration came through heavy reliance on partnerships, including with over 130 universities and Snapchat. When Facebook reminds you to vote, it's because of a TurboVote partnership. The Voting Information Project partnership with Google provides accurate polling locations and ballot information. Partnerships with 46 states help streamline the election and voting processes. TurboVote Challenge The TurboVote Challenge is the premier corporate coalition championing civic engagement in America. Its goal is to reach 80% voter turnout by 2024. In order to achieve record-breaking voter turnout, we cannot rely on the government and politicians alone. Instead, everyone must play a part and treat everyone like citizens and voters. Learning institutions need to register their students; companies need to work to motivate both employees and customers; and everyday citizens need to vote and encourage others to vote as well. Democracy is strongest when we are all participating and voting. Find out more: Seth Flaxman co-founded Democracy Works while studying at Harvard University's Kennedy School of Government. The Democracy Works' tool TurboVote has been used by more than 7 million Americans to register to vote, and provides a suite of other tools to simplify voting for everyday citizens. Democracy Works also started the Voting Information Project, a widely accessible public information project designed to remove voting barriers by providing easily searchable polling place locations, ballot information, and other official election information. Thanks to a partnership with Google, the VIP is used by millions of voters around the country. Seth earned an undergraduate degree from Columbia University and was student body president there. In 2011, he was honored as one of Forbes magazine's '30 Under 30' in the field of law and policy. Seth is also a Draper Richards Kaplan entrepreneur and Ashoka Fellow. You can follow him on Twitter @Sethflaxman, Democracy Works @demworksinc, TurboVote @TurboVote, and The Voting Information Project @VotingInfo

Protecting our Elections Most Americans take for granted that our elections will be free and fair. However, this would not be the case without the rigorous efforts of dedicated non-profits, citizens, and volunteers. Organizations like the Lawyers' Committee work year-round to protect our elections from internal interference using a variety of tools such as a voter hotline (866-OUR-VOTE), digital outreach, physical field programs, and litigation when states enact unfair or discriminatory voting practices. Legitimate elections are the result of passionate citizens and organized civic engagement. Attacks on Democratic Infrastructure The Lawyers' Committee started its Election Protection program in 2002 in order to combat increasing attacks on election infrastructure at national and state levels. The most notable of these attacks was the 2013 Shelby County v. Holder Supreme Court Case, which struck down a key portion of the Voting Rights Act that had required districts with a history of voter discrimination to seek federal authorization for any changes in voting laws or procedures. Since then, 14 states have instituted new voting restrictions, and more than 1,000 polling locations have closed around the country. Restrictions like this make it harder for many to vote, alienating them and corroding the foundation of our democracy. Restrictions and Interpretations New laws—like Texas's former voter ID law that banned student IDs, but allowed concealed carry permits—are not the only way states can suppress voting. Some states simply interpret existing laws in a new way. The National Voter Registration Act contains a list maintenance provision on how to remove voters who have moved or died, which some states have interpreted as a way to aggressively purge voters who still live in the jurisdiction. In Husted v. Philip Randolph Institute, the Supreme Court ruled that Ohio is allowed to purge voters who have not voted in two years and have not responded to a change of residence notice. Election protection challenges voter suppression in new laws as well as unfair interpretations of existing ones. Find out more: Marcia Johnson-Blanco is the co-Director of the Lawyers' Committee's Voting Rights Project. She manages the Project's programmatic and advocacy portfolios, and also leads the Election Protection Program. The program was started in 2002 to combat voter suppression and disenfranchisement, which includes tools such as the voter hotline (866-OUR-VOTE), on-site election protection services, and litigation against discriminatory laws and tactics. Johnson-Blanco is a widely-recognized voting rights leader, and served as the deputy director of the National Commission on the Voting Rights Act in 2005. She holds degrees from Georgetown and Villanova, and serves as a taskforce co-chair at the US Human Rights Network. You can follow her on Twitter @mfjblanco, and the Election Protection program @866OURVOTE.

Civic education for all Many Americans are unsure of how their government works. Civic education is the manual for democracy, and Civics 101 offers it in the form of a popular podcast. Civic learning is a unifier that promotes democratic ideas and a more connected populace. In fact, listeners of the podcast span across the ideological spectrum, equally motivated to learn all about how they can utilize our democracy. Civics 101 also produces classroom materials for a growing number of high schools around the country. Lasting legacy of slavery The institution of slavery and the needs of slaveholding states were given weighty consideration in the founding days of the nation and were, therefore, baked into the Constitution. One important holdover is the Electoral College, which was originally designed to grant outsized electoral power to slaveholding states. The system continues to give about one third of American voters an advantage at the expense of the majority. Empowering citizens The United States became more democratic as time progressed. Even though the Bill of Rights was adopted in 1791, it was not always considered to be the bulwark of our democracy. The Supreme Court did not even hear a case with the First Amendment until the 1920s. However, over the last hundred years, concerned and well-educated citizens have bolstered and protected it through activism and litigation. Our responsibility is to understand the rules, participate, and empower ourselves to make this democracy work us. Find out more: Hannah McCarthy and Nick Capodice host and produce Civics 101, a production of New Hampshire Public Radio. They work with the Civics 101 team to brainstorm topics, as well as research, write, and record episodes. Each episode explores topics – the secretary of state, the NIH, the vice president, the midterm election – through interviews with experts and teachers. The hosts ask the questions you've been wondering but may be too afraid to ask – what exactly does the vice president do? How do executive orders work? - and stitches them together into engaging narrative stories. Civics 101 is used as a key classroom aide around the country, and episodes have been downloaded more than 13 million times. You can follow Hannah on Twitter @HMcCarthyNHPR, Nick @capodice, and Civics 101 @civics101pod

High-quality civic education Supreme Court Justice Sandra Day O'Connor founded iCivics in 2009 because she believed that the practice of democracy must be taught and learned anew by each generation. High-quality civic education starts at an early age and teaches how the US system works. The curriculum includes the basics, such as the Constitution and the Bill of Rights; how to think about the complex challenges that face any government by examining past Supreme Court cases; fostering well-informed, civil discourse with people of differing viewpoints; and teaching media literacy. Educating and empowering future engaged citizens about why their vote matters, what their government does, and how they can enact change is the foundation for a strong democracy. Educational Gaming The series of innovative iCivics games and supporting classroom resources make the complex legislative, judicial, and electoral systems come to life. Civic knowledge is taught through active learning instead of through writing answers on worksheets or checking boxes. The games place you in real world civics situations: a constitutional lawyer deciding which cases to bring to trial based on your knowledge of the Bill of Rights, or one of the founders who is working to ratify the Constitution. In this way, students look at how they fit in to their community's civic life and how they can make informed decisions and participate in our democracy. Prioritizing civic education Currently, 25% of young Americans view democracy as a "bad" or "very bad" system of government. This shocking number is both an indictment of the way civics is currently taught, and an urgent wake-up call that we must do better. School curricula are determined at the state level, so parents and legislators need to advocate for and invest in statewide civics programs. States like Florida and Massachusetts, which have rigorous civics requirements in their schools, are excellent examples to follow. Many other states are already invested in civics education, but more needs to be done. iCivics founded CivXNowto help ensure that every young person acquires the necessary civic knowledge for informed and authentic civic engagement. Find out more: Louise Dubé joined iCivics as Executive Director in 2014. She oversees the work that iCivics does in creating video games that transform abstract concepts into real-life problems and in designing a developmentally appropriate civics curriculum. Inspired by a continuing deep commitment to ongoing learning, she has devoted her career to ensuring that all students are prepared for active and thoughtful citizenship and life. Before joining iCivics, Dubé served as the Managing Director of Digital Learning at Boston's WGBH. She is also a co-founder of CASES, a New York alternative-to-incarceration program for youthful offenders where education helped re-shape lives. She holds degrees from McGill and Yale Universities. You can follow her on Twitter @louise_dube.