Notes on a Theory…

Thoughts on politics, law, & social science

Archive for October 2013

Defending Social Insurance: Solidarity is More Powerful than Individualism

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I recently argued against a common framing when it comes to fending off attacks on Social Security and Medicare, which come in the form of referring to these programs as “entitlements” which must be “reformed.” The standard response, as I said then, is  ”Social Security (or Medicare) is not an entitlement.  It’s an earned benefit.” I argued that this is troubling because it is weak to simply deny the claim and that it is factually wrong, because these programs are entitlements (i.e. rights).  By making the rights frame explicit, we can put opponents on the defensive by using their own term against them and better mobilize our side. That’s how you build power.

I didn’t point out, but I should have, that this phrasing also suffers from the “Don’t Think of an Elephant” problem. As George Lakoff has says, when someone tells you not to think of an elephant, you will in fact think of an elephant. Using the word evokes the image, even if you do so as a denial. That’s just how our brains work.

But I also said that  ‘earned benefit’ is just a weak term.  It’s that claim I want to defend here.

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Written by David Kaib

October 31, 2013 at 2:46 pm

To Change the Education Narrative, Build a Movement

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Fund Our Schools

This morning there was a great segment on the Melissa Harris Perry Show where she interviewed Diane Ravitch about her new book, Reign of Error: The Hoax of Privatization Movement and the Danger to America’s Public Schools.  I’ve had my disagreements with Harris Perry over education in the past. But it’s obvious that she cares deeply about public education. And it’s been clear to me that, even when her guests have largely accepted the frames of choice and accountability and crisis, she has remained skeptical. Given the dominance of the position Ravitch criticizes, it was nice to have a segment where she, later joined by Pedro Noguera and Trymaine Lee, could lay out the critique of the corporate education reform movement and discuss some of the impacts on students.

That said, there was one question posed by Harris Perry that didn’t get addressed, that I wanted to offer my own answer. Read the rest of this entry »

Written by David Kaib

October 26, 2013 at 1:46 pm

Scalia on Law, Words and their Application

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In an interview with Jennifer Senior, Antonin Scalia valiantly dispatched a straw man. A lot of people have noted this, but I wanted to quote it, and suggest that much of the criticism, while correct, misses the main problem.

Had you already arrived at originalism as a philosophy?

I don’t know when I came to that view. I’ve always had it, as far as I know. Words have meaning. And their meaning doesn’t change. I mean, the notion that the Constitution should simply, by decree of the Court, mean something that it didn’t mean when the people voted for it—frankly, you should ask the other side the question! How did they ever get there?

[snip]

What I do wish is that we were in agreement on the basic question of what we think we’re doing when we interpret the Constitution. I mean, that’s sort of rudimentary. It’s sort of an embarrassment, really, that we’re not. But some people think our job is to keep it up to date, give new meaning to whatever phrases it has. And others think it’s to give it the meaning the people ratified when they adopted it. Those are quite different views.

So first off, what Scalia is saying here is factually–incontrovertibly– incorrect. Words do change in their meaning.  Some have taken this as evidence that Scalia doesn’t know what he’s talking about. And I suppose that’s possible.  But it’s also possible that Scalia takes this position because it helps him advance his legal agenda. That is, it helps him justify the substantive positions he takes, the role for the Court he prefers, and so on. By making this about ignorance, we are missing the politics, which makes it difficult to push back effectively.  ‘Originalism is wrong’ is a fine thing to say, but what originalism is doing and how it is doing it are far more important thing to think about.

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Written by David Kaib

October 11, 2013 at 1:13 pm

Entitlement Means Right

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By U.S. Government [Public domain], via Wikimedia Commons

Democrats* have gotten at least part of the message–language matters. They know the GOP has long been using language to advance their agenda, and they know they want to as well.  Unfortunately, often this means simply denying Republicans’ framing and offering bloodless alternatives.

A good example involves talk about Social Security and Medicare, lumped together under the term ‘entitlements.’ Political elites (not, it should be noted, limited to Republicans) talk incessantly about the need to ‘reform entitlements’ because, they say, entitlement spending is out of control. To listen to this talk, our greatest threat as a nation is ballooning entitlement spending (not climate change, or inequality, or mass unemployment, or mass incarceration or anything the rest of us actually care about).

Now, this is utter nonsense. I’ve written about this before.  But for now I want to talk about the politics, not the substance.

The standard liberal rhetorical move when faced with this is denial.  Even more than the facts, the typical response denies the label.  “Social Security (or Medicare) is not an entitlement”, they insist.  “It’s an earned benefit.” Read the rest of this entry »

Written by David Kaib

October 11, 2013 at 9:50 am

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