San Jose State University is experimenting with a program where students pay a reduced fee for online courses run by the private firm Udacity. Teachers and their unions are in retreat across the nation. And groups like Uncollege insist that schools and universities are unnecessary. At a time when teachers are everywhere on the defensive, it is great to read this opening salvo from Leon Wieseltier:
When I look back at my education, I am struck not by how much I learned but by how much I was taught. I am the progeny of teachers; I swoon over teachers. Even what I learned on my own I owed to them, because they guided me in my sense of what is significant.
I share Wieseltier’s reverence for educators. Eric Rothschild and Werner Feig lit fires in my brain while I was in high school. Austin Sarat taught me to teach myself in college. Laurent Mayali introduced me to the wonders of history. Marianne Constable pushed me to be a rigorous reader. Drucilla Cornell fired my idealism for justice. And Philippe Nonet showed me how much I still had to know and inspired me to read and think ruthlessly in graduate school. Like Wieseltier, I can trace my life’s path through the lens of my teachers.
The occasion for such a welcome love letter to teachers is Wieseltier’s rapacious rejection of homeschooling and unschooling, two movements that he argues denigrate teachers. As sympathetic as I am to his paean to pedagogues, Wieseltier’s rejection of all alternatives to conventional education today is overly defensive.
For all their many ills, homeschooling and unschooling are two movements that seek to personalize and intensify the often conventional and factory-like educational experience of our nation’s high schools and colleges. According to Wieseltier, these alternatives are possessed of the “demented idea that children can be competently taught by people whose only qualifications for teaching them are love and a desire to keep them from the world.” These movements believe that young people can “reject college and become “self-directed learners.”” For Wieseltier, the claim that people can teach themselves is both an “insult to the great profession of pedagogy” and a romantic over-estimation of “untutored ‘self’.”
The romance of the untutored self is strong, but hardly dangerous. While today educators like Will Richardson and entrepreneurs like Dale Stephens celebrate the abundance of the internet and argue that anyone can teach themselves with simply an internet connection, that dream has a history. Consider this endorsement of autodidactic learning from Ray Bradbury from long before the internet:
Yes, I am. I’m completely library educated. I’ve never been to college. I went down to the library when I was in grade school in Waukegan, and in high school in Los Angeles, and spent long days every summer in the library. I used to steal magazines from a store on Genesee Street, in Waukegan, and read them and then steal them back on the racks again. That way I took the print off with my eyeballs and stayed honest. I didn’t want to be a permanent thief, and I was very careful to wash my hands before I read them. But with the library, it’s like catnip, I suppose: you begin to run in circles because there’s so much to look at and read. And it’s far more fun than going to school, simply because you make up your own list and you don’t have to listen to anyone. When I would see some of the books my kids were forced to bring home and read by some of their teachers, and were graded on—well, what if you don’t like those books?
In this interview in the Paris Review, Bradbury not only celebrates the freedom of the untutored self, but also dismisses college along much the same lines as Dale Stephens of Uncollege does. Here is Bradbury again:
You can’t learn to write in college. It’s a very bad place for writers because the teachers always think they know more than you do—and they don’t. They have prejudices. They may like Henry James, but what if you don’t want to write like Henry James? They may like John Irving, for instance, who’s the bore of all time. A lot of the people whose work they’ve taught in the schools for the last thirty years, I can’t understand why people read them and why they are taught. The library, on the other hand, has no biases. The information is all there for you to interpret. You don’t have someone telling you what to think. You discover it for yourself.
What the library and the internet offer is unfiltered information. For the autodidact, that is all that is needed. Education is a self-driven exploration of the database of the world.
Of course such arguments are elitist. Not everyone is a Ray Bradbury or a Wilhelm Gottfried Leibniz, who taught himself Latin in a few days. Hannah Arendt refused to go to her high school Greek class because it was offered at 8 am—too early an hour for her mind to wake up, she claimed. She learned Greek on her own. For such people self-learning is an option. But even Arendt needed teachers, which is why she went to Freiburg to study with Martin Heidegger. She had heard, she later wrote, that thinking was happening there. And she wanted to learn to think.
What is it that teachers teach when they are teaching? To answer “thinking” or “critical reasoning” or “self-reflection” is simply to open more questions. And yet these are the crucial questions we need to ask. At a period in time when education is increasingly confused with information delivery, we need to articulate and promote the dignity of teaching.
What is most provocative in Wieseltier’s essay is his civic argument for a liberal arts education. Education, he writes, is the salvation of both the person and the citizen. Indeed it is the bulwark of a democratic politics:
Surely the primary objectives of education are the formation of the self and the formation of the citizen. A political order based on the expression of opinion imposes an intellectual obligation upon the individual, who cannot acquit himself of his democratic duty without an ability to reason, a familiarity with argument, a historical memory. An ignorant citizen is a traitor to an open society. The demagoguery of the media, which is covertly structural when it is not overtly ideological, demands a countervailing force of knowledgeable reflection.
That education is the answer to our political ills is an argument heard widely. During the recent presidential election, the candidates frequently appealed to education as the panacea for everything from our flagging economy to our sclerotic political system. Wieseltier trades in a similar argument: A good liberal arts education will yield critical thinkers who will thus be able to parse the obfuscation inherent in the media and vote for responsible and excellent candidates.
I am skeptical of arguments that imagine education as a panacea for politics. Behind such arguments is usually the unspoken assumption: “If X were educated and knew what they were talking about, they would see the truth and agree with me.” There is a confidence here in a kind of rational speech situation (of the kind imagined by Jürgen Habermas) that holds that when the conditions are propitious, everyone will come to agree on a rational solution. But that is not the way human nature or politics works. Politics involves plurality and the amazing thing about human beings is that educated or not, we embrace an extraordinary variety of strongly held, intelligent, and conscientious opinions. I am a firm believer in education. But I hold out little hope that education will make people see eye to eye, end our political paralysis, or usher in a more rational polity.
What then is the value of education? And why is that we so deeply need great teachers? Hannah Arendt saw education as “the point at which we decide whether we love the world enough to assume responsibility for it." The educator must love the world and believe in it if he or she is to introduce young people to that world as something noble and worthy of respect. In this sense education is conservative, insofar as it conserves the world as it has been given. But education is also revolutionary, insofar as the teacher must realize that it is part of that world as it is that young people will change the world. Teachers simply teach what is, Arendt argued; they leave to the students the chance to transform it.
To teach the world as it is, one must love the world—what Arendt comes to call amor mundi. A teacher must not despise the world or see it as oppressive, evil, and deceitful. Yes, the teacher can recognize the limitations of the world and see its faults. But he or she must nevertheless love the world with its faults and thus lead the student into the world as something inspired and beautiful. To teach Plato, you must love Plato. To teach geology, you must love rocks. While critical thinking is an important skill, what teachers teach is rather enthusiasm and love of learning. The great teachers are the lovers of learning. What they teach, above all, is the experience of discovery. And they do so by learning themselves.
Education is to be distinguished from knowledge transmission. It must also be distinguished from credentialing. And finally, education is not the same as indoctrinating students with values or beliefs. Education is about opening students to the fact of what is. Teaching them about the world as it is. It is then up to the student, the young, to judge whether the world that they have inherited is loveable and worthy of retention, or whether it must be changed. The teacher is not responsible for changing the world; rather the teacher nurtures new citizens who are capable of judging the world on their own.
Arendt thus affirms Ralph Waldo Emerson's view that “He only who is able to stand alone is qualified for society.” Emerson’s imperative, to take up the divine idea allotted to each one of us, resonates with Arendt’s Socratic imperative, to be true to oneself. Education, Arendt insists, must risk allowing people their unique and personal viewpoints, eschewing political education and seeking, simply, to nurture independent minds. Education prepares the youth for politics by bringing them into a common world as independent and unique individuals. From this perspective, the progeny of teachers is the educated citizen, someone one who is both self-reliant in an Emersonian sense and also part of a common world.
The Arendt Center recently hosted Professor Zephyr Teachout to speak about Citizens United v. FEC and campaign finance reform. The talk was in honor of Constitution Day, which Professor Teachout joyfully informed us may very well be unconstitutional. We carried on.
Teachout began her talk by announcing that the "First Amendment is a terrible thing." Less provocatively, she argues that the First Amendment plays a "dangerous role" in our constitutional culture. Above all, she presented her argument that the Supreme Court's increasing reliance on the First Amendment to invalidate campaign finance laws is, ironically, used to shut down meaningful public debate around the proper role of lobbying in our politics.
She began by telling a story of the Supreme Court case Trist v. Child from 1874. The case involves Mr. Trist who had a claim against the U.S. Government for about $15,000 (about $100,000 in current dollars). Trist hired Child, a lawyer, to represent him and convince Congress to honor its debt. Among other things, Child encouraged Trist to have his friends write to Congressman threatening not to vote for them if they didn't honor this debt to Trist. Child also personally lobbied Congressman. He eventually succeeded in getting Congress to appropriate Trist's money.
Trist, however, refused to pay Child the fee agreed to in their contract. Child sued Trist to get his agreed upon money.
In the Supreme Court decision refusing to enforce the contract, the Court holds that Trist need not pay Child; a number of reasons are given, a few very technical. But the majority of the opinion by Justice Swayne rejects the legality of lobbying with a broad brush. Trist need not honor his contract with Child, Swayne writes, because there was no valid contract. In short, the original contract hiring Child as a lobbyist was immoral and illegal, and thus unenforceable. Justice Swayne argues that the very immorality of the practice of lobbying nullifies the contract between Trist and Child.
Teachout helpfully describes the issue this way. Child says something like: Our contract was just like a contract for me to sell you a car and now you don't want to pay me for the car now that you have it. Trist responds that, in Teachout's colorful analogy,
No, this is like we made a contract for prostitution, and you can't go to the cops after we made a contract for prostitution and get them to enforce that contract. Because lobbying is like prostitution. It is so corrupt that there is no way courts are going to enforce it.
Writing for the Supreme Court, Justice Swayne puts it this way:
The agreement in the present case was for the sale of the influence and exertions of the lobby agent to bring about the passage of a law for the payment of a private claim, without reference to its merits, by means which, if not corrupt, were illegitimate, and considered in connection with the pecuniary interest of the agent at stake, contrary to the plainest principles of public policy. No one has a right in such circumstances to put himself in a position of temptation to do what is regarded as so pernicious in its character. The law forbids the inchoate step, and puts the seal of its reprobation upon the undertaking.
If any of the great corporations of the country were to hire adventurers who make market of themselves in this way, to procure the passage of a general law with a view to the promotion of their private interests, the moral sense of every right-minded man would instinctively denounce the employer and employed as steeped in corruption and the employment as infamous.
There are two remarkable things about Justice Swayne's argument. First, as Teachout notes in her talk, there was nothing remarkable about it in 1874. Many states and governments throughout the U.S. made lobbying illegal. It was seen as an act of corruption. And few if any courts in the U.S. would find this unusual, at least before the turn of the 20th century.
The second remarkable thing to note is how utterly remarkable Justice Swayne's argument is today. To speak of the millions of lobbyists in the US as "adventurers who make market of themselves" as offending the "moral sense of every right-minded man" is a painful reminder of how far our political system has fallen. Not only is the moral prohibition against lobbying something of the past, but also the idea that the Supreme Court would invalidate contracts based on lobbying is nearly unimaginable.
The reason for this change in the legal and even moral status of lobbying is, Teachout argues, the rise of free-speech jurisprudence in the 20th century. Specifically, the Court's acceptance of the basic claim freedom of speech is the fundamental foundation of our democratic system has made lobbying not only legal, but morally defensible. If democracy depends on a marketplace of ideas, then having corporations and individuals hire lawyers and public relations firms to buy and sell influence in politics is at the very foundation of democratic governance. What Teachout forces us to consider is that our elevation of the First Amendment to foundational status in our constitutional firmament is predicated on a political theory that founds democracy on the unfettered marketplace of ideas. If we are to take back our government from corporate adventurers and their lobbyists, we will need to rethink our commitment to free speech, at least as the Court currently understands it.
Teachout's provocative talk attacks less freedom of speech itself than the Court's elevation of free speech to the first amongst all constitutional provisions—the foundational right in our constitutional and democratic system. She traces the rise of free speech jurisprudence to the point where, today, free speech is the paradigmatic right in our democracy. Free speech has become equated with democracy, so that "free speech is democracy."
It is important to see that Teachout is really pointing out a shift between two alternate political theories. First, she argues that for the founders and for the United States up until the mid-20th century, the foundational value that legitimates our democracy is the confidence that our political system is free from corruption. Laws that restrict lobbying or penalize bribery are uncontroversial and constitutional, because they recognize core—if not the core—constitutional values.
Second, Teachout sees that increasingly free speech has replaced anti-corruption as the foundational constitutional value in the United States. Beginning in the 20th century and culminating in the Court's decision in Citizens United, the Court gradually accepted the argument that the only way to guarantee a legitimate democracy is to give unlimited protection to the marketplace of idea. Put simply, truth is nothing else but the product of free debate and any limits on debate, especially political debate, will delegitimize our politics.
This view that free speech is the fundamental bastion of democracy is the basis of Justice Kennedy's decision in Citizens United. In Kennedy's opinion, laws regulating campaign finance regulate speech, and not just force, it prohibits Congress from fining or jailing citizens, or associations of citizens, for simply engaging in political speech." If we believe that fair elections require a free airing of all opinions, than restrictions on campaign finance are the most dangerous forms of censorship. Which is why Kennedy can worry that "The censorship we now confront is vast in its reach."
What he means is that all those corporations regulated by the campaign finance reform law invalidated by Citizens United—including large multinationals and also small mom and pop stores and even unions and non-profit corporations—are prohibited from expressing their views about political candidates during an election. In Kennedy's telling, corporations are part of the country and, what is more, an important part of the country. The Government has “muffle[d] the voices that best represent the most significant segments of the economy."
It is helpful to recall Justice Felix Frankfurter's concurring opinion in U.S. v. Congress of Industrial Organizations. The Smith Act had forbidden unions to use funds to pay for politicking, very much like the limitations on corporate funding in the 2002 Bipartisan Campaign Reform Act. In U.S. v. CIO, the Court refused to rule on the Constitutional question of whether the Congress can forbid unions from political speech. Frankfurter, however, does consider it. He argues that we must take seriously the evil of corporate and union speech in politics. The corruption of elections and federal officials by the expenditure of large masses of aggregated wealth But that evil, he counters, "is not one unmixed with good." For Frankfurter,
To say that labor unions as such have nothing of value to contribute to that process and no vital or legitimate interest in it is to ignore the obvious facts of political and economic life and of their increasing interrelationship in modern society.
Replace "Labor unions" with "corporations." That is what Justice Kennedy did in Citizens United. What he said is that corporations have a voice in our political landscape, just as do unions and non-profits. When such corporate entities engage in speech, there is a danger of corruption. But we cannot deny their speech is politically important. Instead of then balancing those interests in a practical way, Justice Kennedy simply said that the First Amendment insists that political speech never be abridged. Our Constitutional system, he argued, demands that the marketplace of ideas be allowed to work unimpeded.
The overriding desire to protect political speech proceeds under the assumption, with Oliver Wendell Holmes Jr., that "the best test of truth is the power of the thought to get itself accepted in the competition of the market.” What Zephyr Teachout helps to make clear is that this elevation of free-speech to the first amongst constitutional provisions is fundamentally at odds with the desire to regulate political speech to keep politics free from corruption. If we want to get serious about fighting corruption in politics, we need to take seriously the need to question the now unquestionable faith that democracy is founded upon freedom of speech.
To fight against Citizens United and uphold the legal rejection of campaign finance limitations requires that we break the bi-partisan stranglehold that an extreme view of the First Amendment currently has on our constitutional jurisprudence. Only once we do so can we return to a meaningful public debate about when lobbying is and when it is not corrupting. And only once we free campaign finance laws from the First Amendment can we, as we must, have a serious discussion about how much money distorts and corrupts our political process.
These are difficult issues, and weakening the scope and impact of the First Amendment is risky. As Teachout argues, it is a risk we must take to save our democratic system.
Public pensions are a mess. Ok, where is the hope? Yesterday Gillian Tett offered a rare glimmer of good news in a story about Rhode Island treasurer Gina Raimondo. But the good news comes with a bitter aftertaste.
Rhode Island is a small state, but it had one of the worst public pension deficits in the country. Forced to act, it has cut pensions for its workers, raised the retirement age from 62 to 67, and replaced the defined benefits pension (which guarantees a certain amount every year) with a partial defined contribution scheme (which pays out a pension based on how much the retiree has saved). These actions have angered many workers and unions, who are suing the state, but they have also saved the state pension system; one result is that the workers will be receiving some pension, even if it is less than they were promised.
The solution, as Raimondo articulates it, is above all to focus ruthlessly “on the math and facts, to come up with a solution.” Technocrats, not grandstanding idealists, are required.
The preference for technocrats over idealists illustrates a common approach to our extraordinary economic problems around the country: to hand over difficult political judgments to technicians. The same approach is leading the people to hand over the levels of government to technocrats in Greece, Italy, Suffolk County, and now Detroit. Dissatisfied with democratically elected leaders, the people are increasingly craving a government run by businessmen and accountants. It seems that the ruthless calculation of profit and loss is the last refuge of truth in our age.
The public pension crisis is eroding the American social contract. While many are up in arms against Governor Scott Walker's heavy-handed attack on public unions, the fact is that Democratic governors in NY and California are also struggling with the inevitable need to reduce public pensions. Governor Jerry Brown in California admitted recently that public pensions were a Ponzi scheme. That is obvious. What is now sinking in as reality is that the Ponzi scheme is out of money and falling apart.
The Pew Center on the States published a study in 2011 called the Trillion Dollar Gap. The first sentence states the point:
$1 trillion. That’s the gap at the end of fiscal year 2008 between the $2.35 trillion states had set aside to pay for employees’ retirement benefits and the $3.35 trillion price tag of those promises.
A mere one year later, the gap had increased 26%!
The gap between the promises states have made for public employees’ retirement benefits and the money set aside to pay for them grew to at least $1.26 trillion in fiscal year 2009-a 26 percent increase in one year-according to a Pew report.
The gap is actually much bigger than the Pew Center numbers suggest, since the report is based on the official numbers that use way too optimistic expectations of returns.
The Pew Center Report continues, stating the reason this matters so much:
Why does it matter? Because every dollar spent to reduce the unfunded retirement liability cannot be used for education, public safety and other needs. Ultimately, taxpayers could face higher taxes or cuts in essential public services.
Municipal bankruptcies are mounting. Prichard, Alabama and Central Falls, Rhode Island both filed for bankruptcy, and they have had to vastly reduce the pensions promised to their public employees. The city of Stockton, California is in bankruptcy court now, and it must pay $30 million every year in pension costs, even as it only sets aside .70 cents for every dollar it must pay.
The crisis is spiraling. In essence, cities and states around the country will have to decide whether to honor their legal debts to public employees or pay for services like police, fire, and parks needed by their current residents. The only other option is a bailout from the federal government, but the size of the problem is enormous and such a bailout seems highly unlikely.
In the meantime, states continue to juggle money around to keep the Ponzi scheme going. Just this month New York State decided to let municipalities and public entities borrow money from the state pension fund to make their payments back into the state pension fund. This is nonsense. Dangerous nonsense.
And while New York State did finally pass a version of pension reform last week, the reform falls far short of what Governor Cuomo wanted and what is needed. The Assembly raised the retirement age for public employees (not for policeman and firemen) to 63 from 62, whereas Cuomo sensibly asked it be raised to 65. As it stands now, the New York State pension plan is expected to consume 35 percent of the New York State's budget by 2015. This is up from a mere 3% in 2001. More.
For anyone who cares about government and wants government to succeed, the pension problem must be addressed, for it threatens not only economic disaster, but political cynicism beyond even today's wildest dreams. Across the country, teachers, policemen and firemen, not to mention civil service employees and others, will see their promised pensions shrink precipitously. Not only will this devastate retirement nest eggs for millions of people, it will fray the social contract—pitting young against old and taxpayers against public employees.
It is bad enough that we will have to renege on pensions owed to public service employees (as municipalities in Rhode Island, Alabama, and California are already doing), but it is worse that we will do so after bailing out Wall St. bankers and allowing taxpayers to pay their contractually-obligated bloated bonuses. That these seven-figure bonuses were paid and yet we are unable and unwilling to pay contractually obligated pension costs is both a fact and an example of why the bailout of the bankers was so deeply wrong and misguided.
The issues around public pensions are complicated. They involve contractual promises made to workers that simply cannot be honored as well as pitting public servants against everyday taxpayers. There is also the fact that public employees are paid significantly more than similarly educated private employees at all but the highest levels of income and education. A recent Congressional Budget Office study concluded that:
- Average benefits for federal workers with no more than a high school diploma were 72 percent higher than for their private-sector counterparts.
- Average benefits for federal workers whose education ended in a bachelor's degree were 46 percent higher than for similar workers in the private sector.
- Workers with a professional degree or doctorate received roughly the same level of average benefits in both sectors.
The CBO chart below shows clearly the relative overcompensation of public workers against their private-sector counterparts. While one could turn this around and argue that private-sector workers are underpaid, the fact is that the current level of benefits for public-sector workers is bankrupting our municipalities and states. We can argue all we want about what is fair pay, but the current pay levels are clearly unsustainable. More, they are threatening to devastate public services as we continue to cut services in order to pay outsized benefits to retired public-sector workers.
Do public employees deserve to make more than private employees? Should we say that someone teaching in public schools deserves more than one teaching in private schools? For some, the answer is yes and there is a sense that it is more noble and thus valuable to serve in the public interest. Some might even turn to Hannah Arendt to justify such a claim, that a public-service career is more public-spirited and thus more socially valuable than a private-service career.
As much as I value public-sector employees, it is a mistake to put them on a pedestal. It is unclear whether most public employees are more public-spirited than their private-sector counterparts. It is also unclear whether public school teachers and professors are better, more important, or more noble than their private school counterparts.
What is clear, however, is that public employees have a private interest in taking more and more of the taxpayer-generated revenue for themselves. In other words, public employees have a private interest in diverting public funds from public services to their wages and pensions. In this sense, the increasing numbers of public employees and their increasing wages and benefits threaten to hollow out public services in our country.
This is not to condemn public employees. Nor is it to deny that at the higher incomes, wealthy Americans should pay more in taxes to support governmental services. But we should be honest and contest the prejudice that public employees have the public interest at heart. And we need to have an adult debate about what to do about underfunded and ballooning public pensions.
The NY Times penned one of those editorials Wednesday that makes one wonder who is home. The Times takes President Obama to task for forming a Super PAC--or for having someone form a Super PAC for him, because we know there is no coordination between the Super PAC and the Super PAC's beneficiary. As cynical as the current Super PAC frenzy is, and as disheartening as the crush of money being spent by the Republican Super PACs and hoarded by Karl Rove's Super PAC is, what would be served by President Obama refusing to feed at the trough? Recall, he is the first Presidential candidate since 1974 to opt out of the public matching funds system. The idea that he might run as an anti-big-money candidate is hard to imagine, so how could he meaningfully run a campaign claiming on principle to be opposed to the influence of big money, as the Times editorial suggests.
I am in Berlin where on Monday I gave a Keynote Talk to open the State of the World Week in Berlin, sponsored by the European College of Liberal Arts of Bard. My talk was on the Citizen United court case, the case that opened the door to Super PACs. I'll be blogging more about Campaign Finance Reform as the election progresses. But for now, here is a short excerpt of one part of my talk that offered a condensed history of Campaign Finance and Campaign Finance Reform in the United States.
We can divide the history of Campaign finance in the U.S. into 7 stages.
1. The first stage is the pre-History involving the 1787 Constitutional Convention. As Zephyr Teachout has shown, "Corruption was discussed more often in the Constitutional Convention than factions, violence, or instability. It was a topic of concern on almost a quarter of the days that the members convened." Teachout and Lawrence Lessig have argued that there was a strong sense among the founding fathers that the great threat to new Constitution was corruption. And they have pointed to a number of practical responses to that threat in the Constitution itself. These include Article I, Section 6, Clause 2, which prevents members of Congress from holding civil office while serving as a legislator, or from being appointed to offices that had been created—or in which the compensation was increased—during their tenure. The point was to prevent members of Congress from using their posts to enrich themselves and their friends.
Another innovation aimed to prevent corruption was the decision to have those in the House of Representatives serve only for two years. According to Teachout and Lessig, this was designed to counter the formation of bonds between legislators and the President. By turning over the members of the House on a regular basis, it would be less likely that the Representatives would form strong alliances with members of the Executive branch, thus helping to maintain their independence. The founding fathers would surely be astounded by the incumbent advantages apparent today.
2. The Second stage of American campaign finance history runs from the passage of the Constitution until the election of Andrew Jackson in 1828. In early U.S. elections, most campaign expenses were paid directly by the candidates using their own money. Such expenses were relatively minimal, going toward an occasional campaign pamphlet and, sometimes, for food and drink at rallies. As Bradley Smith writes, "Though free from the "corrupting" effects of money, elections in this early period were generally contested by candidates representing aristocratic factions standing for election before a relatively small, homogeneous electorate of propertied white men."
3. The financing of American political campaigns begins to become interesting in 1828, with the election of Andrew Jackson. Jackson's presidency is rightly seen as the true beginning of modern American democracy. And Jackson's campaign for President was the first presidential campaign that appealed directly to the voters and not simply to party elites. Jackson's campaign was organized by Martin van Buren (who later served as his Vice President and thereafter as President). Van Buren was one of the original machine politicians from New York who created the machine concept Boss William Tweed would perfect later in the century at Tammany Hall. What Van Buren did for Jackson was to organize a campaign aimed at the people. This cost money. And what he and Jackson did was to raise money from those who were seeking jobs in the government. This was the beginning of the spoils system, whereby political campaigns were funded by current and prospective government employees; these employees in turn expected to be rewarded with jobs once their candidate won the election.
4. The spoils system lasted until the passage of the Pendleton Act, in 1883, which inaugurates the fourth stage of the development of campaign finance. The Pendleton Act professionalized the Federal Civil Service, instituting an exam for entry into the service and outlawing the Spoils system. The result was that campaign funds from federal officeholders dried up, and politicians needed new sources of funds. The obvious sources were wealthy individuals and corporations. And oh boy did corporations jump into the breach. By the late 19th century, the government was giving grants of land and cash to corporations, and in return the corporations were generously funding political campaigns. In 1888 40%, of Republican national campaign funds came from Pennsylvania manufacturing and business interests. By 1904, 73% of Teddy Roosevelt's presidential campaign funds were raised from corporate contributions. (I take these numbers from Bradley Smith). The age of corporate funded campaigns was here, and it has never left.
5. Once he was elected, Teddy Roosevelt made it a priority to reform the broken campaign financing system that he had exploited so well. With his support, Congress passed the Tillman Act in 1907, which made illegal all campaign contributions from corporations. The Tillman Act opens the Fifth stage of the development of Campaign Finance Reform in the United States.
While the Tillman Act carried penalties for its violation, it instituted no enforcement mechanism. The result is that not much changed. To take only one legendary example, in 1968 and 1972 Clement Stone contributed up to $10 million to President Richard Nixon's Presidential campaigns. Stone's contributions caused a scandal that, together with the outrage over Watergate, led Congress to finally institute a serious attempt at campaign finance reform.
6. The key moment of modern campaign finance reform is the passage of the Federal Election Campaign Act (FECA) in 1974, and the Supreme Court's partial upholding and partial overturning of that law in Buckley v. Valeo in 1976. In the wake of Watergate and the loss of trust in government, the Congress passed FECA which: limited individual contributions to individual candidates to $1,000; limited the amount candidates could spend on a campaign; established a system of public financing of campaigns that required a voluntary limit on campaign expenditures; required that candidates, parties, PACs and groups engaging in express advocacy disclose their fund-raising and spending; and created the Federal Elections Commission, to regulate and enforce the new rules.
In a landmark decision that still controls all legal approaches to the regulation of campaign financing, the Supreme Court in Buckley v. Valeo upheld the disclosure requirement and the limits on individual contributions. It also upheld the limits on campaign spending when those limits were voluntary and in conjunction with the decision to accept public financing. But the Court struck down compulsory limits on spending both by individual candidates and by PACs and other groups. While the Court recognized that limits on campaign spending were a kind of censorship that limited the rights of people and corporations to speak about the most central political issues of the day, it also acknowledged "large contributions threaten the integrity of our system of representative democracy." Because large contributions, especially to individual candidates, at the very least appear to suggest a kind of quid pro quo corruption, the Court accepted that Congress has the right to censor such expressions of support. More general expenditures not given to or coordinated with a specific candidate were, the Court argued, not examples of the kind of corruption that would allow Congress to override the fundamental free speech interests of individuals and corporations who would want to influence the political debate. Thus, post-Buckley, the rule was: The Constitution limits censorship of political activity, political speech and political spending on campaigns. Any limit is censorship that violates the First Amendment. And yet the Court carved out One Narrow Exception: speech or activity that either is or gives the appearance of quid pro quo corruption could be regulated and banned.
In the aftermath of Buckley v. Valeo, money continued to pour into politics. Candidates and their supporters made use of "soft money," money given to political parties and other groups and thus not subject to the limits imposed on individual contributions to individual candidates. PACS began to bundle large sums of money that, while not individual contributions to candidates, nevertheless carried the tint of influence peddling. In the year 1993-94, the Democratic Party received $45 Million dollars in "soft money" and the Republic Party received $59 Million. By 1999-2000, the numbers were $92 Million and $244 Million respectively. In 2001-2002, the Democratic Party took in $200 Million and the Republicans $421 Million.
7. The failure of FECA to stem the tsunami of money in elections led Congress to try again, and in 2002 it passed the Bi-Partisan Campaign Reform Act (BCRA), also known as the McCain-Feingold Act—the seventh and until now final stage of the effort to regulate campaign finance in the United States. The main innovation of BRCA was to prohibit unlimited soft money contributions by corporations and unions. And it was this provision that was held to be unconstitutional by the Supreme Court in the now infamous case of Citizens United v. FEC.
The core of the Citizens United ruling was Justice Anthony Kennedy's argument that "If the First Amendment has any force, it prohibits Congress from fining or jailing citizens, or associations of citizens, for simply engaging in political speech." For Kennedy, "The censorship we now confront is vast in its reach." What he means is that the law bans all those corporations—including large multinationals and also small mom and pop stores and even non-profit corporations—from expressing their views about political candidates for either 30 or 60 days leading up to an election.
In Kennedy's telling, corporations are part of the country and, what is more, an important part of the country. The Government has “muffle[d] the voices that best represent the most significant segments of the economy." Here Kennedy channels Felix Frankfurter, who in the 1941 case of U.S. v.s. Congress of Industrial Organizations, wrote:
To say that labor unions as such have nothing of value to contribute to that process and no vital or legitimate interest in it is to ignore the obvious facts of political and economic life and of their increasing interrelationship in modern society.
U.S. v. C.I.O. dealt with the anti-Union Smith Act, which forbade unions and corporations from using treasury funds to pay for politicking. In this regard, the Smith Act was very much like 2002 Bipartisan Campaign Reform Act. While the majority of the Court refused to consider the Constitutional Question and decided the case on narrow grounds, Frankfurter did. In his telling, the Court must take seriously the evil that Congress sought to address: namely, the corruption of elections and federal officials by the expenditure of large masses of aggregated wealth. And yet, Frankfurter saw that "the claimed evil is not one unmixed with good." The expression of corporate or union speech in elections is, he writes, a good thing! "The expression of bloc sentiment has always been an integral part of our democratic and legislative processes." Replace "Labor unions" with "corporations." That is what Kennedy did.
The governors of two of our largest states gave "State of the State" messages this week. Both were controversial. Governor Andrew Cuomo in New York took on the teacher's union and demanded that teachers be subjected to measures of accountability. Governor Jerry Brown in California dared California to dream big and challenged the state to move forward with the high-speed train connecting Los Angeles and San Francisco. The Arendt Center is focusing its attention on the desperate need to rethink leadership in our time and wondering how we might encourage bold and courageous leadership. Cuomo's speech does just that. Brown's falls short.
Both Brown and Cuomo embraced the mantle of bold leadership. Brown styled himself the daring doer with his call to build a much-debated high-speed train connecting Los Angeles and San Francisco:
Critics of the high-speed rail project abound, as they often do when something of this magnitude is proposed. The Panama Canal was for years thought to be impractical, and Benjamin Disraeli himself said of the Suez Canal, ‘Totally impossible to be carried out.’ The critics were wrong then, and they’re wrong now.
Cuomo, for his part, imagined himself the rampaging reformer taking on the entrenched interests of the unions. He challenged the teacher's union to accept teacher evaluation that would carry meaningful consequences for ineffective teachers. And promised to withhold funding to districts that do not. “No evaluation, no money. Period,” the Governor said.
I learned my most important lesson in my first year as Governor in the area of public education. I learned that everyone in public education has his or her own lobbyist. Superintendents have lobbyists. Principals have lobbyists. Teachers have lobbyists. School boards have lobbyists. Maintenance personnel have lobbyists. Bus drivers have lobbyists. The only group without a lobbyist? The students.
Well, I learned my lesson. This year, I will take a second job — consider me the lobbyist for the students. I will wage a campaign to put students first, and to remind us that the purpose of public education is to help children grow, not to grow the public education bureaucracy.
I am no fan of union bashing. As an educator myself, I have enormous respect for those who teach. Teachers should be paid more, not less, and good teachers should receive performance bonuses, as is currently happening in Washington, DC. Study after study shows that the biggest factor in whether a child learns is the teacher, not how much money is spent. I think anyone who teaches knows this is true.
Cuomo's decision to take on the education establishment on teacher evaluation is a small step. But it does show a Democratic Governor exerting leadership by opposing a union that is part of his traditional constituency.
He is insisting that the services government provide be better. And he reminds us that government is first and foremost about providing services for citizens, not about providing jobs. If we are going to preserve faith in government, we need to make government work. Cuomo seems intent on doing just that.
Brown, on the other hand, seems entrenched in the failed policies of government. I love fast trains (so does my 2 year old son). I suffer every week on the slow train between New York City and the Hudson Valley where I teach. As someone who has lived in Europe and marveled at the Chinese, I desperately wish that the United States could build a transportation infrastructure that would work.
Thus I am open to Brown's risk-taking insistence we build fast trains. That said, he is committing to a project for which most of the funds are not yet raised and that won't be completed until 2033—under optimistic forecasts.
Who knows if a fast train designed in 2010 will even be useful in 2033? The Erie Canal took 8 years to build. The U.S. built the Panama Canal in less than 10 years. It is one thing for medieval towns to dream big and build a gothic cathedral over decades and centuries, for one has faith that God will still have need of a place of worship. But with technology changing so fast, the $100 billion train could be obsolete before it is completed.
Real leadership requires not simply dreaming big, but acting big. Leadership entails cutting through the bureaucratic red tape that makes it so expensive and time-consuming to take on major public-works projects in this country. Courage would be for a democratic governor to pursue his dream for major infrastructure while at the same time insisting on regulatory and labor reform that would allow the train to be completed in less time than the Erie Canal.