Progressive Thinking

The Supreme Court has imposed a fictitious alternate reality on American democracy, telling us to think of property as part of “we, the people” and see massive sums of money spent on elections by large corporations as “free speech.” We, the people, need to stand up in defense of democracy.

MADISON - Much too much is made of red voters and blue voters and red states and blue states, as if they make up two separate Americas (they do not) and their differences are forever irreconcilable (they are not). But for the moment anyway, there is no denying that partisan divisions have intensified in recent years and that America is more politically polarized than at any time in the last two decades.

Against this backdrop, it can be a challenge to find values and attitudes that unite Americans of every political persuasion. But people of every imaginable stripe stand on common ground when it comes to the broadly shared exasperation with money’s dominion over democracy. Four out of five Republicans agree with four out of five Democrats and a supermajority of independents that the U.S. Supreme Court messed up bad when it ruled in 2010 that unlimited political spending is a constitutional right. Five years after the decision, it is as unpopular than ever. In fact, rather than slowly fading from memory the court’s decision in the Citizens United case is becoming the symbol of how the economy and the government have been rigged in favor of a privileged few at the expense of everyone else.

It’s helpful to remember that Supreme Court rulings come and Supreme Court rulings go. Our nation’s highest court once ruled that people could be property. It took not only a presidential proclamation but a bloody civil war and amendments to the Constitution to relegate that shameful decision to its rightful place in the trash bin of history. Today’s Supreme Court blesses oligarchy with the similarly warped logic that property can be entitled to the constitutional rights of a person. In time Citizens United will be tossed in the dumpster too.

Undoing the harm this ruling has done already and continues to do should not need to involve warfare but could very well require a constitutional amendment if the Supreme Court in the fairly near future does not come to its senses and overturn Citizens United before a 28th amendment is ratified. How this all plays out and how promptly this inevitable outcome is brought about largely depends on legal creativity bordering on hubris.

It’s been written that Abraham Lincoln’s Emancipation Proclamation declaring 3 million slaves free was “based on a highly contentious, thin-ice reading of the presidential war powers.” Ample evidence suggests Lincoln knowingly and dramatically exceeded his legal and constitutional authority, and the nation is so very fortunate that he did.

American democracy needs a modern-day equivalent of the Emancipation Proclamation. Whether in the form of an executive order, or an act of Congress, or measures enacted by states or local communities, the Supreme Court’s ruling in Citizens United must be defied. The constitutional right of unlimited political spending invented by the court in its Citizens United decision must be exposed for what it truly is – the legalization of bribery.

Elected representatives of the people anywhere and everywhere should knowingly and dramatically exceed what the Supreme Court says is the limit of their legal authority and declare our government free from its current state of indentured servitude to billionaires and corporations. Whenever justices dictate injustice, legal ingenuity is required. Executive orders should be issued and laws should be passed declaring that giving more than $200 to anyone holding or pursuing public office or any group helping to elect a politician is a bribe and therefore a felony.

In throwing down this gauntlet, the Supreme Court’s warped logic in Citizens United is countered with this alternative reasoning: If you wish to demonstrate your support for politicians, their parties or surrogates, giving $200 is demonstration enough. Giving $200 or less does not distinguish you much from your many fellow citizens who are likewise giving small amounts or the much larger number who give nothing at all. But go past the $200 threshold and that puts you in the top one-quarter of 1% of the population. That makes you stand out, separates you from the crowd, and makes it start looking like you might want more than just the honor of participating in a democracy.

Lincoln-style hubris is needed because we are beyond the pointwhere campaign financing can be reformed. It can’t be reformed because we no longer have campaign finance in America. We have legal bribery and there’s no reforming bribery. It has to be outlawed.

All laws and respect for the rule of law in general are demeaned and ultimately undermined when any law ceases to be rooted in reality. The reality is that Americans – Republicans, Democrats and independents alike – see big political donations for what they are, namely bribes. The law of this land needs to reflect that reality. Instead, the Supreme Court has imposed a fictitious alternate reality on us, ordering us to think of property as part of “we, the people” and see massive sums of money spent on elections as “free speech.” Just as a past court ordered all Americans, including President Lincoln, to accept that people could be regarded as property.

Lincoln defied that court. He was said to be on thin ice legally when he did. The ground held beneath his feet.

In defense of democracy in our time, we need to be willing to stand on what we’re told is thin ice. Two hundred dollars is plenty. Anything more is a bribe.

This week, Senator Kathleen Vinehout writes about the award winning work of Wisconsin's nonpartisan Legislative Audit Bureau as it completes 50 years of exceptional work serving as “the steward of the people’s money.”

MADISON - “Fix the broken programs, get rid of the ones that don’t work and fund those that are working.” There’s not a state candidate around that would disagree with this statement.

Yet there are some in the Legislature that would eliminate the very source of information on which programs are a waste of taxpayer dollars and where the broken programs need fixing.

For fifty years, auditors at the nonpartisan Legislative Audit Bureau (LAB) have assisted legislators and the people of Wisconsin in answering questions about dollars spent. Questions like, “Did we get our money’s worth out of that program?”

Skilled public sector auditors perform financial audits on various funds in state government, like the lottery or the Patient’s Compensation Fund. They examine federal dollars to assure the state is compliant with federal law in the annual Single Audit. Auditors also review state operations in the LAB review of the Comprehensive Annual Financial Audit released near the end of the year.

The National State Auditors Association recently awarded the highest rating possible to the LAB’s financial audit division. Very experienced auditors put the LAB’s programs and policies through a rigorous review. These examinations are conducted every three years. Wisconsin’s LAB has consistently received the highest ratings possible.

But financial audits are only half of the award winning work done by the LAB. Program evaluations, answering questions like did this program meet its goals, is the other half of the work of the Audit Bureau.

While the work of the financial division seldom makes headlines, the program evaluation auditors often find their work under the spotlight. Recently a GOP Assembly proposal called for eliminating the LAB. Capitol rumors said elimination was in retaliation for the embarrassing failures made public in three audits over the past three years of the Wisconsin Economic Development Corporation (WEDC).

But far from cause for elimination of the nonpartisan watchdog, the program auditors of the Legislative Audit Bureau were rewarded with national recognition for their work on WEDC and similar critically important program audits.

The National Legislative Program Evaluation Society recognized the work of the LAB with its distinguished Certificate of Impact for the 2013 FoodShare audit; the 2014 Wisconsin Economic Development Corporation audit; and the 2015 Supervised Release Placement and Expenditure audit. The recent national accolades should reassure voters and lawmakers of the LAB’s stellar work.

Too often lawmakers say they want to know which programs work and which do not, but their actions tell us otherwise. Recent actions such as cutting funding for an outside evaluation for the Drug Court (Treatment Alternative Diversion) program. Or by budget action creating four or five alternative tests for students in publically funded private school programs, making accurate comparisons between public and private school student achievement extremely difficult.

Facts matter. Facts lead us to conclusions that might are may not always be popular politically. That’s exactly why we need the nonpartisan Legislative Audit Bureau. If we truly care about creating a well-run state government no one should shy away from the facts nonpartisan auditors present to us – regardless of political implications.

This summer the Beloit Daily News editorialized about the importance of independent agencies in state government. The editorial lauded the LAB saying the agency “has earned a strong reputation for impartiality and independence from partisan political influence.”

Nonpartisan agencies like the Audit Bureau, the Fiscal Bureau and the Government Accountability Board play a key role in a well-functioning state government. The Beloit Daily News warns us:

“TAXPAYERS, TAKE NOTE. Agencies like the GAB, the Audit Bureau and the Fiscal Bureau exist under a mandate to serve truth, not politics. That’s in the best interest of the people, if not the politicians.

“Understandably, the powerful object to any outfit they can’t control. But government watchdogs must not be muzzled and broken to the partisan leash.”

Instead, let us laud the work of our nonpartisan agencies. Join me in congratulating the LAB on excellent accomplishments and national recognition.

And wish the agency another 50 years of exceptional work serving as “the steward of the people’s money.”

Walker and GOP lawmakers want to eliminate the state's civil service exams and replace them with a subjective review of résumés. The current civil service system has kept qualified workers in taxpayer-funded jobs based upon merit for nearly 100 years, and kept out partisan political hacks.

MADISON - Just three days after ending his presidential run, Wisconsin Gov. Scott Walker sought to reassert his conservative credentials Thursday by backing a proposed overhaul of the state's civil service system for 30,000 employees. The move comes four years after repealing most collective bargaining for public employees.

Walker and two top Republican lawmakers are seeking to eliminate the state's civil service exams, replacing them with a subjective résumé-based evaluation system. They also propose to stop allowing longtime employees to avoid termination by "bumping" other workers with less seniority and shortening by more than half the process for employees to appeal their dismissal or discipline.

More than a century ago, good-government groups engineered the civil service system as a way to place qualified workers in taxpayer-funded jobs and weed out partisan hacks. It has been working well ever since, much to the disappointment of each new group of politicians coming to Madison who normally want to get their friends, family, and donors into state jobs.

In a statement released earlier today, Senate Democratic Leader Jennifer Shilling (D-La Crosse) said of the move:

"The repeal of civil service protections is an invitation to more corruption in a Republican administration that continues to be plagued by scandals, cronyism and special interest influence. Rather than looking for ways to tear down Wisconsin workers, we should be focused on strengthening our middle class, boosting family wages and ensuring greater retirement security."

Assembly Democratic Leader Peter Barca (D-Kenosha) said:

"This is yet another politically motivated attack on hardworking state employees. It is especially concerning that this attack on our civil service system opens the door for corruption and cronyism during an Administration rife with scandals and charges of unethical conduct. Also, this once again violates a giant promise the Governor made during Act 10 that public employees would be protected by civil service."

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The author was one of the chief architects of the civil service selection procedures implemented by the State of Wisconsin in the 1970s and 80s, and at one time ran the State's Civil Service Testing program.

Walker leads by retreating following stunning presidential collapse. Democrats swift to rejoice, but good cheer has turned to resolve to undo the damage Walker has done to the state.

MADISON - Yielding to reality in the polls and the exit of donors, Wisconsin Gov. Scott Walker announced here Monday that he was withdrawing from the Republican Presidential Primary race. The move came as a surprise to few who had watched his disappointing performance in the campaign.

In his statement, Walker said "Today, I believe that I am being called to lead by helping to clear the race so that a positive conservative message can rise to the top". Like many of his other confused statements during his official 71 day campaign, it is hard to know what that means.

As little as a month ago, Walker had stood high among the potential Republican candidates. But then the first two debates forced him out from behind his shield of TV ads and staged events before rabid supporters and voters saw that he had little of substance. As of Monday his poll numbers had dropped to essentially 0% and his large donors, including the Koch brothers, were heading for the hills.

Despite Walker's stunning presidential collapse, some state Republicans appeared to harbor hopes of a comeback. Conservative radio host Charlie Sykes tweeted Monday that Walker's bow-out reminded him of when Walker dropped out of the 2006 race for Wisconsin governor: "Chose to live to fight another day."

Wisconsin Democrats were swift to rejoice. "We all let out a cheer when we heard the news that Governor Walker was dropping out of the Republican Presidential Primary," Democratic Party of Wisconsin Chair Martha Laning said in a statement. "It was gratifying to see Governor Walker's divide and conquer strategy fail this time because everyone has seen what that has done to our state."

But democratic good cheer has swiftly turned to a resolve to undo the damage Walker has done to the state as he pursued his political ambitions. "Wisconsin still has to live with the results of the extreme agenda he pushed here to further his standing in the Republican Presidential Primary", said Laning.

Wisconsin union members have been stung by Act 10 and Walker's attacks on workers have left them disheartened. Jobs have been lost to other states and abroad. Wisconsinites pay more for health insurance and the once proud BadgerCare program has been weakened. Public school funds have been diverted to private voucher schools, and the once great University of Wisconsin system has lost $250 million in funding as Walker questioned whether its' faculty was "working".

It will be interesting to see how many allies the Democrats find among Republicans in Madison, many of whom were thrown under the bus when Walker was riding high.

This week Senator Vinehout writes about a couple of the latest scams reported by the DATCP Division of Consumer Protection.  People who receive suspicious phone calls or emails should report them to Consumer Protection Investigators.

MADISON - “I got a call saying the IRS was taking me to court, but I filed everything on time. What do I do?” Linda asked. We both agreed the phone call sounded fishy, so I reached out to the Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) to learn more.

The Consumer Protection experts explained there has been an explosion in the number of IRS imposters contacting people and demanding their financial information. Tax identity theft can lead to fraudulent tax filings or use of the victim’s Social Security number.

IRS Commissioner John Koskinen stated the first contact with the IRS would be official correspondence sent through the mail. Consumer Protection officials advise never to respond to an email or phone call requesting your Social Security number or other financial information.

Every year I am reminded that scammers and thieves prey on Wisconsinites and they become more sophisticated in their tactics. It is important for everyone to know what to watch for and where to get help.

According to DATCP officials, consumer complaint statistics have been on the rise. They report that scammers and thieves have stepped up efforts to steal people’s money or identity. Sandy Chalmers, Division Administrator of Trade and Consumer Protection, noted that many citizens report, “receiving fraudulent calls offering ‘Credit Card Services’, Microsoft tech support and medical equipment.”

One of the latest scams reported by the Consumer Protection Bureau relates to people receiving emails from the “State Court”. The message falsely claims the person must appear in court on a specific date with documents related to “the case.” DATCP officials warn the email and attachments should be deleted because they contain malicious software that can infect your computer with a virus.

This scam has been reported nationwide. The general rule to know is that Wisconsin courts will not send you email unless you are participating in an electronically filed case or consent to receive electronic court notifications.

Consumer Protection officials noted the other most often reported scam is offers that sound too good to be true. Prize scams offer “official” entry numbers, certificates, and envelopes al or like telegrams to lure you into opening the envelope and returning what is inside. Internet scams offer the promise of quick cash or investment schemes.

“You can be sure you won't win any prize with a brand name, cash, or a government bond. Prizes such as jewelry and watches are junk, vacations are actually vacation certificates hardly worth the paper they're printed on, and shopping sprees amount to coupons that are good only when making purchases,” warns the Senior Alert & Advice page on the Consumer Protection website.

They also warn about the late night calls saying your debit card needs to be re-activated and asks that the card number be entered. The other type of call to be wary of is one that offers lower interest rates on mortgages or credit cards. The caller asks for a credit card number so the lower rate can be “processed.”

The bottom line on all of these types of calls is that the caller is trying to lure you into giving away personal information. The rule of thumb is if someone calls asking for your credit card or bank information over the phone, hang up and report the scam.

A few other rules the Consumer Protection folks reminded me to pass on is do not pay a handling fee or provide a credit card number or information about your savings or checking account to win an award. Also, do not wire a payment or send a check through an express courier service without checking references and contacting the Office of Consumer Protection.

Finally, if you do lose money to a fraudulent telemarketer – REPORT IT! Many people are embarrassed and do not report. That allows the swindler to victimize other people in our community. Wisconsin law has serious penalties for those who engage in such illegal behavior. The best way to protect yourself and others is to be informed and to report any suspicious phone calls or email messages. You can call 800-422-7128 to speak with a consumer protection investigator or file a complaint on-line at https://mydatcp.wi.gov/Complaints.