Democracy Lost.

In recent years, much has been written about growing inequality. It is, indeed, one of the most important issues of our time. And the effects of big money on our democracy have been devastating.

Sure, you may still be able to vote to elect those who are supposed to represent you. But that, alone, does not constitute democracy. Not only are the choices of candidates limited to two individuals – the only two who were able to climb their way up the political ladder in order to receive their parties’ blessings and, more important, their campaign funds. All too often, those who are elected are promised large campaign donations by corporations and industries in exchange for political favors. It is not necessarily quid pro quo, but the expectation for a return on the investment is there. So, too is the pressure.

In reality, such high stakes lobbying has long been a part of politics. But, over the past 35 years, things have gotten even worse.

In the late seventies, large US corporations began to see their hold on the world economy slip. New, lower-priced, high-quality imports – many of them made with robotics – from Japan and Germany began to push aside American-made products. US corporations responded by relocating manufacturing – first to the South, then off-shore – in search of lower-priced labor.

Perhaps, the most destructive response was the move to tie CEO compensation to the value of the companies’ share prices. This ushered in an era of ever-increasing CEO salaries and even more lucrative stock options for CEOs – a legalized form of insider trading. The result was for US corporations to seek ever lower-priced labor in countries where there is no regulation and no employee benefits. At the same time corporate profits have soared, employee salaries and corporate investments in the future have diminished – almost guaranteeing that the future will belong to foreign-based corporations. But why would our CEOs care? They and their money will be long gone before it matters.

Our corporations have used the threat of off-shoring jobs to extort our state and city governments. In exchange for their extortion, those governments have assumed many of the risks of corporate relocation or expansion by paying for needed infrastructure, cutting regulations, and delaying or eliminating corporate taxes.

Now these corporations are attempting to extort the federal government.

Unwilling to pay US income taxes on profits made off-shore, these corporations are stashing cash in foreign banks until the federal government agrees to “repatriate” the money at a greatly reduced tax rate. Of course, they’re justifying the extortion by saying that “repatriation” will lead to greater investments and more jobs in the US – the great “trickle down” fraud.

In reality, the money is more likely to be doled out to CEOs and other executives in the form of bonuses (as a reward for robbing ordinary taxpayers) and stock options.

In the meantime, corporations and billionaires have been working to rig the system. Realizing that buying Congress and our state legislatures is cheaper than paying lobbyists, people like the Koch brothers have stuffed the pockets of candidates willing to do their bidding. To pave the way, they pushed conservatives to stack the Supreme Court with ideologues such as Alito, Roberts, Scalia and Thomas. That inevitably led to favorable court rulings giving corporations the rights of people and all but eliminating limitations on political donations. They got the IRS to change its rules allowing “non-profits” to fund political campaigns. When they won control of legislatures, they gerrymandered congressional districts making it all but impossible for anyone but “their people” to win office. And they introduced Voter ID laws to suppress the votes of minorities and the poor.

In 2014, their efforts finally came to fruition. Having already bought the House in 2010, they now own the Senate. It’s no coincidence that the first bills to reach the House and Senate floors were to repeal “Obamacare” and to build the Koch…er…Keystone XL Pipeline. Senate Majority Leader Mitch McConnell has also made it clear that issues such as raising the minimum wage, equal pay for equal work, unemployment insurance and student loan costs will be pushed aside in favor of gutting regulations on health care and financial services and eviscerating the EPA.

If you’re still worried about the effects of so-called “dark money” on our democracy, don’t. Last year, our democracy officially became an oligarchy.

A Simple Way To Reform Political Advertising.

Since the Supreme Court decisions in Buckley v. Valeo, Citizens United v. FEC and McCutcheon v. FEC, there have been numerous initiatives to reform election campaigns. Most involve asking Congress to pass Constitutional Amendments that would control election finance or require publicly-funded elections. Though these attempts are admirable and necessary, I think they have little chance to succeed. Instead, I propose a much simpler way to reform political advertising that would not, in any way, infringe on the right to free speech.

All we need to do is hold political advertising to the same standard as advertising for products and services.

When a large corporation produces an ad for a product or service, it subjects the ad to legal compliance before placing the ad on television. That compliance process makes sure that any claims can be substantiated and defended in court. If the claims cannot be substantiated, the company may still run the ad at its own risk. (Indeed, even those ads that have passed legal compliance may be the center of a lawsuit.) But the company, the advertising agency, the writer and often the production company can all be held accountable for damages in ensuing lawsuits by numerous organizations such as the corporation’s competition, the Federal Trade Commission, the BBB, state Attorneys General and industry regulatory groups. This process ensures that ads tell the truth.

For example, when I began my career in advertising, I was recruited to write advertising for a product that promised to give your car better gas mileage and performance. Although I had been given a copy of an independent research report, I was still skeptical of the promises. So I asked the clients to sign an affidavit that the information I had been given was true. After the ads ran, the state Attorney General filed a multi-million-dollar lawsuit naming the company, the art director and me. Thankfully, when I presented the affidavit to the AG, the art director and I were dropped from the lawsuit. The lawsuit was settled out of court with the company agreeing to pay a large fine, to return money to customers who requested refunds and to cease sales of the product.

The system worked. But there is no such system for political advertising.

Political campaign committees have long been free to say and do whatever they want. If an opponent sues over false and misleading advertising, the issue seldom comes to court until after the election. By that time the damage has been done; the entity that is the campaign committee no longer exists and usually no longer has funds to pay any fines. Only rarely are individuals held accountable and, if they are, the settlements take place much later away from the public eye.

The Federal Elections Committee could easily solve the problem by demanding that candidates and campaign managers sign affidavits that the claims made in their advertising are true and not misleading. Ads could be submitted to the FEC and bi-partisan state election committees for compliance. More important, all of the individuals would be held liable even beyond the election. (Yes, the system might require more federal and state funding. But isn’t the process of choosing an elected representative more important than choosing a laundry detergent?)

This would make the standards for political advertising almost identical to the standards for product advertising. As a result, this system should impose no undue hardship for politicians.

As for dark money groups (PACS, Super PACS, 501c4s) funded by billionaires and corporations which now sponsor the majority of our political ads, they can be held accountable by a one word change in the IRS code governing non-profits. Instead of the code requiring that non-profit groups be “operated primarily for the promotion of social welfare,” the code should be returned to its pre-1959 wording which required that non-profits be “operated exclusively for the promotion of social welfare.”

The only real problem with this proposal is that Teapublicans simply don’t want to make changes. The FEC commissioners are split with 3 Teapublicans and 3 Democrats, and the Teapublicans have blocked every proposal to reform elections. They are content with dark money, with attack ads and with lies. In fact, they are quite good at it. Recent studies have shown that the preponderance of political lies come from Teapublicans. But aren’t these the same people who demand accountability from others? Adding an independent FEC commissioner would end the stalemates and make the FEC relevant again. These relatively minor changes would make all politicians accountable and likely make most political campaigns civil again. More important, it would make them more fair by requiring candidates to tell the truth and it would eliminate dark money from the process.

Who could be against that…other than liars and cheats, of course?

How Does The Koch Money Look In Your State?

In Arizona, it looks as vile and nasty as the people at the Koch refinery for whom I once worked. And I suspect it looks no different wherever you live.

If you watch the political ads as carefully as I do (I know, I know, that makes me sound like a masochist), you’ll see a disclaimer at the end of the ads showing who paid for them. In Arizona, the disclaimers on the nastiest attack ads tend to read: Paid for by 60 Plus…by American Encore…by Americans For Prosperity, etc. In addition, a large number of ads show they have been paid for by lobbying groups and ideological groups such as the National Realtors Association, the National Rifle Association and the US Chamber of Commerce.

These groups claim that their ad campaigns are not coordinated with the candidates (in fact, that would be illegal), but it is becoming increasingly difficult to tell them apart from the candidates’ own ads. The only real differences are that these ads tend to be nastier and they run a lot more often. Indeed, few of the Teapublican ads are actually paid for by the candidates or their committees.

In other words, the Supreme Court decisions that money equals free speech; that corporations have the same rights as people; that there are no limits on political contributions have done exactly what the five conservative justices wanted. Teapublicans no longer have to raise their own money. The corporations, lobbyists and billionaires give them all they need. Teapublican candidates no longer can be held accountable for vile attack ads. They can say, “I had nothing to do with it.” And if voters are so offended by the attack ads that they refuse to vote, Teapublicans benefit because only the most committed ideologues will vote, and they tend to vote Republican.

There are only two ways to fight this: 1 – Vote against Teapublicans. 2 – Keep electing Democratic presidents until conservatives are no longer the majority on the Supreme Court.

Further Evidence That Television News Is A Joke.

It was recently revealed that, before NBC News selected Chuck Todd to host Meet The Press, it tried to convince Jon Stewart to be the host. Yes, that Jon Stewart…the comedian. The same Jon Stewart who currently hosts The Daily Show.

That speaks volumes about the quality of television journalism today.

Stewart is one of the best interviewers on the planet…unafraid to ask tough questions; unwilling to settle for canned statements; determined to get at the truth. And Stewart isn’t the only example. Stephen Colbert and John Oliver are just as good. Unlike most TV “journalists” who have become lazy and partisan, these TV hosts are seeking the facts about government and politics in addition to laughs. After all, these things are often one in the same.

Like the legendary journalists of yesteryear…Edward R. Murrow, Walter Cronkite, Chet Huntley, David Brinkley…these are people who ask insightful questions; who demand real answers; who continue to press until the interview subject reveals something of consequence. Stewart, Colbert and Oliver are intelligent, informed and curious. They can use humor to draw information from their interview subjects. They are entertaining. More important, they are credible.

In other words, they represent everything that television journalism used to be and should be again.

The Supreme Court is, at least, partly responsible for the decline. Its decisions to equate free speech with money and corporations with people have unleashed a multi-billion dollar bonanza of political advertising for TV networks and broadcast stations. To make matters worse, most of the media are now owned by a few corporations. There are no longer impenetrable firewalls between programming, advertising and the newsrooms. For example, Fox “News” president, Roger Ailes, was a media consultant for Presidents Nixon, Reagan and Bush. To make certain that his Fox “News” hosts stay on message, he supplies them with a memo of GOP talking points at the beginning of each day.

In order to continue their financial windfall from political advertising, media owners are not inclined to rock the boat. They will not permit their news operations to report on the evils of dark money in politics or the buying of political favors for fear that they will lose their share of the money. And it’s not just television journalism that is failing.

A similar phenomenon has taken place in radio and print. More than 90 percent of the hosts of radio talk shows are right wing hacks who are peddling hate. Newspapers have long delivered a partisan slant to the news (often the newspapers’ leanings are indicated in their mastheads, i.e. The Republic, The Democrat, The Independent, etc.) and news magazines are struggling financially. As a result, some of the best investigative journalism today is being done by freelance reporters and what were formerly entertainment magazines…Rolling Stone, Mother Jones, Vanity Fair, etc.

It’s ironic that, in the so-called “Information Age,” we are facing a crisis of knowledge.

Illusion Of Democracy.

The passage of SB 1062 by the Arizona legislature and subsequent veto by Governor Brewer drew national attention. But there’s one aspect of the incident that has gone largely overlooked…the fact that the legislation was not written by an Arizona legislator. It was written by a national stink tank, Alliance Defending Freedom and pushed by the ultra-right wing Center for Arizona Policy. In fact, most state legislation is no longer authored by legislators. The bills are written by lawyers working for the American Legislative Exchange Council, the State Policy Network, lobbyists for large corporations, the National Rifle Association and other conservative stink tanks.

Is it any wonder, then, that our Congress and our legislatures don’t seem to represent the will of the people?

The system of state legislators and congressmen sponsoring bills written by outsiders gives the illusion of representation. But the bills are written for the benefit of a few and to push a narrow ideology. They seldom benefit the majority. For example, the Iowa House recently passed a bill to legalize silencers for guns. How many Iowans will that benefit? The Ohio legislature passed a bill limiting voting hours. How many voters will that benefit? Other states have passed strict voter ID laws despite a lack of in-person voter fraud. The result will be to prevent many of the poor and the elderly from voting. Who will that benefit?

As a result of gerrymandering, issues with voter registration and the dark money used for campaign finance, a study by the non-partisan Electoral Integrity Project as reported by The Washington Post now ranks the US 26th in the world for electoral integrity and worst of all Western nations. And the situation will only get worse if Republicans and their stink tanks continue to push bills intended to rig elections.

How do we stop this blatant takeover of our democracy? Here’s an idea: Let’s ask candidates to reject any bills written by outsiders. Let’s demand that they solve problems for the majority of their constituents. Let’s treat all bills designed to limit civil rights with the same outrage as that for SB 1062. Let’s threaten to boycott states that pass such laws. Let’s refuse to do business with corporations that have co-opted our democracy.

Let’s make our votes count while we still have them.