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America’s Problem Isn’t Too Little Democracy. It’s Too Much. 

Suggested by Charles

America’s Problem Isn’t Too Little Democracy. It’s Too Much. 

How the online mob is shattering the system the Founders designed.

By JOSHUA GELTZER

June 26, 2018

https://www.politico.com/magazine/story/2018/06/26/america-democracy-trump-russia-2016-218894

Democracy’s lamentations sometimes seem deafening these days. “Democracy is dying,” proclaimed a recent article in Foreign Policy—and another in the Guardian, and yet another in Quartz. We’ve reached “the end of democracy,” avows a new book—as well as an op-ed in the Washington Post.

But what if these perspectives have it all backwards? What if our problem isn’t too little democracy, but too much?

There’s no doubt that democracy in the United States appears on shaky ground. That’s not because 2016 marked the first time in American historythat the presidency was captured by a candidate with no political or military experience. It’s not even because Donald Trump did so despite losing the popular vote by almost 3 million ballots, with his adversary garnering the most votes ever cast for a losing presidential candidate.

It’s because the 2016 election revealed new vulnerabilities in our democracy, generated by social media’s explosion and utilized by Russia and Russian-linked actorspossibly including Trump’s team itself. And it’s also because the aftermath of that election has laid bare a Congress so polarized, gridlocked and downright incapacitated that it has proved unable even to keep our government from shutting down and has consistently failed to fulfill its responsibility to exercise meaningful oversight of the executive branch.

What ails us? The current vogue is to place the blame on the inadequacies of our incarnation of democracy. The brilliant Yascha Mounk, for example, argues that the American people may think they’re living in a democracy, but—unbeknownst to them—it’s really all a charade. On Mounk’s account, Americans speak at town halls, organize on behalf of candidates and cast ballots; but, because the game’s been rigged by the powerful, all of that activity doesn’t really matter compared to the influence of the well-placed and well-heeled. In the words of two political scientists quoted favorably by Mounk, what we think of as democracy in action really amounts to “a minuscule, near-zero, statistically non-significant impact upon public policy.”

Some suggest that democracy’s insufficiencies are global, and the defining problem of our times. In his magisterial account of democracy’s fading allure in Hungary and Poland, Roger Cohen echoes earlier scholars in seeing democracy now eclipsed by “competitive authoritarianism, a form of European single-party rule that retains a veneer of democracy while skewing the contest sufficiently to ensure it is likely to yield only one result.”

But while these commentators are right that the cracks are there, the cause is the very opposite of what they claim, at least when it comes to America. The problem isn’t that democracy is in short supply in the United States. It’s that technology has helped to unleash hyper-democratization—a shift away from the mediated, checked republic that America’s founders carefully crafted toward an impulsive, unleashed direct democracy that’s indulging the worst impulses of our most extreme elements.

To put it bluntly, we’re increasingly ruled by an online mob. And it’s a mob getting besieged with misinformation.

Recognizing the perils of hyper-democratization starts with a look back to James Madison, the master craftsman of our system of government. InFederalist Paper No. 14, Madison emphasized the “true distinction” between a democracy and a republic: “It is, that in a democracy, the people meet and exercise the government in person; in a republic, they assemble and administer it by their representatives and agents.”

America has long thrived not as a direct democracy but as a mediated republic, in at least two senses. In the formal structure of our government, we’ve elected leaders who represented our interests but didn’t necessarily represent us, day to day and word for word. These presidents and members of Congress, thanks to the lengths of their terms and even devices like the now-reviled Electoral College, stood between the populace that our founders feared would be inflamed by “irregular passion” and the decisions for our country that demanded cooler heads.

The second aspect of our mediated republic has involved the critical flows of information to our citizenry. In this respect, Americans have reaped the benefits of similarly situated intermediaries who’ve kept the most inaccurate facts and manipulative voices from infecting public discourse: responsible newspaper editors, respected television news anchors and others who acted as gatekeepers, fact-checking to avoid the spread of “fake news” and sidelining extremists inclined toward demagoguery. This hasn’t been a perfect system, of course: Especially before the rise of objective journalism, political parties heavily influenced the dissemination of information; and there’s a downside to a system in which a single commentator like Walter Cronkite can sway much of the nation by deciding that he’s against a particular war. But, for all of the imperfections of earlier information flows to the American people, there have been at least some checks on the most outrageous claims and views making their way to the masses—even if those checks had their own angles and infirmities.

In multiple senses we’ve thus enjoyed mediation: a refinement by intermediaries of what information and views reach us as citizens and, in turn, a refinement of what those who represent us in Washington do in response to the opinions held by the public at large. Indeed, these phenomena have been at least somewhat related: Representatives have had the freedom to insert their own judgments in part because information flows to the people didn’t reflect the most extreme, inflammatory voices.

Twitter, YouTube and Facebook are changing all of that. Wildly inaccurate facts—sometimes deliberately inaccurate facts—spread like wildfire online, faster than the truth, according to a new study. They combine with extremist voices to degrade political dialogue, bypassing and drowning out the traditional mediators of newspaper and television. In response to direct agitation and incendiary calls to action online, the inflamed citizenry makes known directly its demands of its political leadership through hashtag campaigns, Facebook groups and YouTube views—acts of what Eitan Hersh calls “political hobbyism,” making its participants feel engaged (through tweeting, commenting and “liking”) rather than actually beingengaged (by debating fellow citizens, canvassing for political candidates and—most importantly—voting). And the political leadership responds without interposing more reflective judgment, lest that leadership be swiftly denounced across social media. This rush by lawmakers to preempt criticism happens at ever more rapid speeds, and seems to be less and less dependent on actual facts on the ground.

What you end up with is a vicious mix of misinformation, vitriol and impulsiveness that seems to be shaking the foundations of our republic.

The fight earlier this year over whether to “#ReleaseTheMemo” epitomized this dangerous dynamic. The House and Senate Intelligence Committees represent mediated, republican governance in a microcosm. They see classified intelligence that can’t be shared with all 308 million Americans, or even all 535 members of Congress. They assess, on behalf of the rest of us, whether the executive branch’s collection and use of that intelligence comport with the law. And, when they spot problems, they ask tough questions and demand reforms. The committees thus were built to stand between the masses and the complex decisions on sensitive intelligence collection that should be immune to public or political whim.

That decadeslong arrangement suddenly disintegrated as House Intelligence Committee Chairman Devin Nunes, key Republican allies on the Hill and Trump took to Twitter to push for the public release of a classified memo that would be offered without context to the American people in an attempt to convince them of Justice Department improprieties. Once the debate over sensitive intelligence collection had been shifted to the public square, it didn’t take long for others to capitalize on the very passions our founders warned can infect direct democracy, with Russian trolls and bots fueling the #ReleaseTheMemo campaign and lacing it with inaccuracies and mischaracterizations that directly reached millions of Americans.

This was today’s lack of mediation replete with all of its dangers: politicians no longer trying to ask what their constituencies should want but instead responding to and even inflaming what they happened to want in a politically charged moment; and the American people getting flooded with deliberate untruths and intentionally polarizing messages. This was more than just the hyperpartisanship that’s been brewing for decades; it was the complete breakdown of mediation both in information flow and in governance—and it represented a rapid acceleration of that recent trend, an escalation even from the eye-opening foreign interference in the 2016 presidential election.

This, it seems, is no longer the republic Madison and his fellow founders bequeathed to us. It is, in effect, direct democracy. It’s hyper-democratization, driven by technologies that are democratizing for good but also for ill. And it suggests that too much democracy, not too little, may be at the root of today’s big challenges.

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Joshua A. Geltzer is executive director and visiting professor of law at Georgetown’s Institute for Constitutional Advocacy and Protection. He previously served as senior director for counterterrorism at the National Security Council.

More on immigration (and Journalism)

A question raised in one of our discussions: what is a good proposal for dealing with people crossing the border, if the current policy “sucks” (the technical legal term, I think)?

Here’s a possible answer:  There’s a Better, Cheaper Way to Handle Immigration  From the NY Times

Annoyingly, I wanted the answer and had to read through a  long recounting of why the current program is horrible. What do we do about it?  Some excerpts:

ICE has two programs that use electronic ankle monitors, biometric voice-recognition software, unannounced home visits, telephone reporting and global positioning technologies to track people who have been released from detention while their cases are being heard, at a cost of 30 cents to $8.04 per person per day. In 2013, 96 percent of those enrolled appeared for their final court hearings, and 80 percent of those who did not qualify for asylum complied with their removal orders.

Is the program still in use? Why rely on 2013 data? Is there no more current data. And so on.

The family case management program, a pilot started in January 2016, allowed families seeking asylum to be released together and monitored by caseworkers while their immigration court cases proceeded. Case managers provided asylum seekers with referrals for education, legal services and housing. They also helped sort out confusing orders about when to show up for immigration court and ICE check-ins. And they emphasized the importance of showing up to all court hearings, which can stretch over two or three years.

The pilot was implemented with around 700 families in five metropolitan areas, including New York and Los Angeles, and it was a huge success. About 99 percent of immigrants showed up for their hearings.

It also did something Republicans love: It cut government spending. The program cost $36 per day per family, compared with the more than $900 a day it costs to lock up an immigrant parent with two children, said Katharina Obser, a policy adviser at the Women’s Refugee Commission.

I would want to confirm that $900 a day figure, but I would not be surprised if it was true. (Also not surprised if it was false. Sadly)

Notes: 18 Jun 2018

Freedom of information request to get ICE deportation record from ICE  after 43 Cambodians deported in one day.

S.3036 “Keep Families Together Act” drafted by Diane Feinstein, supported by most Dems and zero Republicans. Bill is 2000 words.

Access to Counsel in Immigration Court

It has long been the case that immigrants have a right to counsel in immigration court, but that expense has generally been borne by the noncitizen. Because deportation is classified as a civil rather than a criminal sanction, immigrants facing removal are not afforded the constitutional protections under the Sixth Amendment that are provided to criminal defendants. Whereas in the criminal justice system, all defendants facing even one day in jail are provided an attorney if they cannot afford one, immigrants facing deportation generally do not have that opportunity. Detained immigrants, particularly those held in remote locations, face the additional obstacle of accessing counsel from behind bars. Yet, in every immigration case, the government is represented by a trained attorney who can argue for deportation, regardless of whether the immigrant is represented.

Myth vs. Fact: Immigrant Families’ Appearance Rates in Immigration Court

In fact, the data actually shows that the majority of families do appear. Appearance rates can be brought even higher by addressing deficiencies in the provision of information and through provision of counsel. Ninety-eight percent of families who are represented by counsel show up for their hearings. In individual cases determined to need additional support, alternative measures, which are much more cost effective and humane than detention, achieve very high compliance rates.

Average time  pending cases

Why are these immigrants ordered to be deported

“The point of the [report] is to show how U.S. immigration courts are not functioning right, in the interests of the United States as well as the interests of the people who appear before the courts,” Metcalf said in a telephone interview this month. “The findings are that over the last 20 years, 37 percent of all litigants who were free pending trial failed to show up for their hearings.”

Grounds for deportation (including green cards)

INA: ACT 237 – GENERAL CLASSES OF DEPORTABLE ALIENS
Sec. 237 1/ [8 U.S.C. 1227]

Top reasons for deportation

Deportation, also referred to as ‘removal’, occurs when an alien is removed from the United States by the federal government. The Obama administration deported more than 414 thousand unauthorized immigrants in the 2014 fiscal year alone. The causes for removals such as these are often associated with the violation of U.S. immigration laws. Immigrants are typically placed into removal proceedings after evidence is found that they convicted a crime. Any non-citizen, including green card holders, may be deported back to their home country from the U.S.

Grounds of Deportability: When Legal U.S. Residents Can Be Removed

This article discusses the reasons why a permanent resident who isn’t considered an “arriving alien” (one who left the country and was put into removal proceedings upon return) can be deported. Other things can get an permanent resident “arriving alien” deported. Such persons, even if they are let back into the country, are considered to be seeking readmission to the United States, so any reason for keeping people out of the U.S. in the first place may make them “inadmissible” and deportable. For a discussion of the grounds of inadmissibility, see Inadmissibility: When the U.S. Can Keep You Out.

Can Green Card Holders be Deported?

Temporary foreign workers in the US

We estimate that 1.42 million temporary foreign workers were employed in the United States with nonimmigrant visas in fiscal 2013. This number is approximately equal to 1 percent of the U.S. labor force. Our estimates by individual visa classification are shown in the table below:

Evening up the economy 

“When it gets down to it — talking trade balances here — once we’ve brain-drained all our technology into other countries, once things have evened out, they’re making cars in Bolivia and microwave ovens in Tadzhikistan and selling them here — once our edge in natural resources has been made irrelevant by giant Hong Kong ships and dirigibles that can ship North Dakota all the way to New Zealand for a nickel — once the Invisible Hand has taken away all those historical inequities and smeared them out into a broad global layer of what a Pakistani brickmaker would consider to be prosperity — y’know what? There’s only four things we do better than anyone else:
music
movies
microcode (software)
high-speed pizza delivery”

Vox Immigration Explainer

Center for American Progress Immigration Explainer

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