The Earth Hearing

by Daniel Plonix

  “Yet, those things are more by way of good faith showing. If you want more than face time, you need to show more dedication to the cause. Using ExxonMobil as an example, in addition to funding election campaigns, they sent checks to nineteen congressional committees and to seventeen Senate committees. Furthermore, they have funded lobbying efforts around dozens of bills, such as Corporate Governance Reform, Transparency Act, and Growing Renewable Energy through Existing and New Environmentally Responsible Fuels Act.

  “Committee members, especially committee chairs, are the tollbooth collectors through which all pertinent legislative traffic passes. If you want something to move through, you ought to cough up money. There is no free lunch in America, and its government is not some kind of charity organization.

  “Some bills are basically shakedown measures. A bill may pass. But then again, with enough discussions and presentations seasoned with donations, the lawmakers may come around to see the industry’s point of view—and sway things the other way. Some bills that do become laws, such as specific tax break measures, may be deliberately drafted with a built-in termination date. This way, the lawmakers involved can pump at a later time the very industries that had lobbied for the bill passage. Then again. And then again.

  “When Congress was negotiating the passage of an anti-piracy law, Silicon Valley was against it, as it might have threatened the open-ended character of the Internet. On the other hand, Hollywood was for it, as piracy was a major source of revenue loss. In other words, it was Christmas time in Washington. Over one hundred different companies lobbied for or against the bill, and tens of millions of dollars streamed to various elections’ and committees’ war chests.

  “Congressmen may make dozens of fundraising calls each work day and attend fundraiser events at night. Washington is the city that never sleeps,” Basile observed.

  “Realistically speaking, who has the motivation to take on crumbling bridges, aging water pipes, and deteriorating roads? These things are neither going to pay a congressman for his reelection campaign nor help their exit strategy any. The harsh reality is that a nice house in Wesley Heights can easily cost two million dollars.” He smiled sardonically. “One can’t live forever on a government salary.”

  “On this heartening note,” said the chair dryly, “let us break for lunch.”

  Forty-five minutes later, they have gathered once again in the chamber. For close to two years, Basile had spent virtually all his time researching this one topic. And it all came down to this one testimony, this one presentation.

  “Practically by definition,” he started off, “special interests are inward-­looking and narrowly-construed. The gun lobby focuses exclusively on throttling any legislation that seeks to establish more stringent gun controls. The trial lawyer lobby is just there to make sure the prerogative to sue everything under the sun won’t be curtailed. Special interest groups have no mandate to negotiate a compromise or to work in tandem toward the greater good.

  “The political arena is crowded with interest groups, all of them jostling for a spot to suck at the teat. Whatever entitlements a given organization has accrued to its constituency, it will fight tooth and nail to protect them, paying no heed to the cost inflicted on the broader society and the system as a whole. Case in point is Special Ed lobby. It has procured financial resources for the student with disabilities in twice the amount apportioned to the mainstream student. The program’s econ­omic toll on the general body of students be damned, and woe to those who dare question these entitlements or voice concern over their effects on the school at large.

  “The special interest groups circle overhead like harpies, ready to swoop down with talons extended at any whiff of a reform. Congressmen prudently restrict themselves to the status quo island, where it is safe. One Republican congressman did decide to venture out and take up the issue of climate change. What followed was not pretty. Flooded by outside money in the next primary, he was soundly trounced and was out of the race. Incumbent Republicans in Congress got the message.”

  Basile added, “Hired guns in the employ of special interests concoct bogus grassroots organizations to sway real people to join their cause or outlook. They weave an illusion of wide support and engineer the impression those who disagree are outliers or worse. Special interests put together networks of mercenaries who blog, post on social media, send in op-eds, or mass-demonstrate. Special interests have infiltrated, tainted, and co-opted every mode of public discourse and virtual town square.”

  “Something doesn’t add up.”

  “Your Grace?”

  The commissioner studied some papers. “It appears that the under­lying charter, the Constitution, delegated the federal government a handful of specific interstate and international things to administer, such as common defense, immigration, and currency. What business does this government has steering the education of special need students or, for that matter, regulating or financing most of the things you’ve alluded to?”

  “It doesn’t, your Grace. Through time, the federal government has vastly expanded its regulatory reach without corresponding constitutional amendments, which has proven too hard to push through.”

  The commissioner looked bemused.

  The presiding chair said, “Earlier, you suggested that the priorities and views of special interests and big donors are not aligned with those of the majority of Americans.”

  “Indeed, presiding chairman. Two years ago, nine out of ten Americans were in favor of a background check when purchasing guns. But in the end, the gun manufacturers had won the day, again.

  “What matters to most Americans are things such as the health care system and students’ loans. If the majority opinion had ruled the day, America would have had a higher minimum wage and a paid parental leave. However, these things either matter little to the giant conglomerates or are downright contrary to their interests. As a result, none of those things are happening. On the other hand, corporate tax benefits, defense spending, and banking regulations are taken care of. And so it came to pass that the Farm Bureau and the fossil fuel industry all but dictate the national climate-change policies. Much as agribusiness all but dictates the national nutrition guidelines.”

  A man in white-and-silver livery went around and refilled the carafes with water.

  Basile nodded in appreciation and took a sip. “In addition to whatever else it may be, the Hill is essentially a giant call center, with representatives cold-calling day after day, asking for money from would-be patrons and benefactors.

  “When members of Congress spend something like half their time dialing for dollars, much of their energy and thoughts revolve around where and how to raise funds. It results in that much less quality time given to promoting the well-being and interests of the American public. It’s worse yet. Spending hours on end rubbing elbows and smooth-talking the powerful and ultra-rich out of money make the House members that much more responsive to the elites’ distinct needs and their notions of how things should go and how things should be. Gradually, without necessarily noticing it, members of Congress start to walk like the special interests and quack like ones. They lose their sense of mission to the electorate; their allegiance is passed on to their sponsors.”

  One of the commissioners raised his hand, motioning Basile to stop. “I have been listening to you for a while. Now, what in flames any of these things have to do with national leadership and governance?”

  “Your Grace, this is simply the way things are around there.” Basile removed his glasses, wiped them, and put them back on.

  “When a real change is not possible, politicians spend the bulk of their time bestowing subsidies, tax breaks, and freedom from regulatory encroachment to benefactors and to those who wield influence.

  “When real governance and leadership are not possible, politicians engage in posturing, messaging, and make-believe. They enact bills that go nowhere. Th
ey ask in subcommittees tough questions that lead up to nothing, mostly to let their constituents know their guy is really kicking ass in the Beltway. They record speeches done in front of a largely empty House Chamber to let their supporters know their message is being heard. They seek to build up their personal platform on social media.

  “When advancing the common good is not possible, politicians score points against their opponents, attack the character and motives of fellow legislators, virtue-signal their disdain on some issues, and vehemently oppose those on the other side of the aisle.

  “In some ways, Washington is a kabuki theater meets World Wrestling Entertainment.”

  Chapter 50

  “Let us change gears,” opened the presiding chair the morning of the next day. “In your summary notes, I have here written that Big Business exerts influence over their highest court.”

  “Yes, presiding chair,” replied Basile. “In the most recent US Supreme Court nomination case, the Federalist Society identified federal appellate judges with an activist bent and whose views are favorable to corporate interests,” Basile said. “In a roundabout way, they forwarded a list of candidates to the president, who picked a nominee from it.”

  “By compiling the pool of nominees, what did they intend to achieve?”

  “The very climate they have been gradually advancing in recent decades. Namely, Supreme Court decisions that make it possible for corporations to exert more influence over political campaigns; Supreme Court decisions that curtail liability regulations and make it easier to pollute; Supreme Court decisions that make it less feasible to haul a corporation in front of a jury.

  “The outside influence goes beyond this,” Basile said. “Many federal judges have been invited to attend judicial education seminars in exclusive private ranches, beach resorts, and golf clubs that were underwritten by prescription drug makers, petrochemical companies, and billionaire ideologues. In between horseback riding, golfing, and eating eight-ounce filet mignon steaks and lobster tail served with roasted brussels sprouts and seasonal mushrooms, federal judges have attended seminars with names such as ‘The Moral Foundations of Capitalism’ and ‘Corporations and the Limits of Criminal Law.’ These seminars are led by the best speakers money can buy. The judges have been finding merit in the arguments, and the talks have proven to be persuasive. Judges who had attended have been more inclined to embrace certain ideological and political frameworks. They have been less likely to rule in favor of protecting the environment or labor relations.

  “Through those pathways, special interests have often managed to bring about policy rulings they had not managed to obtain via the legislative process.

  “For the most part, the Court has been doing what it was meant to do and effectively enough at that. Then there are the exceptions. And they matter. Through the generations, this committee of lawyer-judges in priestly robes has also issued decrees in matters of policy, at times bypassing or overriding the legislature and the will of large segments of the population, steering the nation toward a brighter future. Thus, at some point or another, the Supreme Court has redefined marriage, forced the busing of students from various parts of town, struck down abortion laws across the land, and removed restrictions on campaign finance by corporations. And the occasional nationwide injunctions issued by district court judges, blocking the Executive Branch from enforcing a statute or an executive order, have, at times, been the continuation of politics by other means.”

  For a moment, no one said anything.

  “What of the regulatory agencies?” asked one of the commissioners.

  “These are the entities formulating the bulk of public policies and regulations. It is where much of the actual, detailed legislation is being done. That’s what goes on under the hood of the government vehicle: the myriad gears and cogs of the modern, all-pervasive government.” Basile shrugged. “Their legislature is unfunctional, failing even to pass a budget. To a degree, the courts and government bureaucracies had taken over democratic mechanisms.

  “Not surprisingly, a relentless industry pressure is brought to bear on the regulatory agencies.

  “Industry representatives show up routinely in agency proceedings. They may bring in detailed expert reports and otherwise offer thorough appraisals of pertinent regulations. In contrast, members of the public rarely attend. Even activists do so only occasionally; they are merely humans. On the other hand, the corporate entities don’t grow weary through the decades or bogged down with the affairs of daily life. They have no grandchildren to consider. Their appetite is boundless. And their budget is bottomless.

  “The erosion of an agency works its way from the bottom up as well as from the top down,” added Basile. “The industry may reach out to their congressmen, who in turn will contact the agency and ask them to back down or ease up. In another scenario, a recent US president appointed a former coal lobbyist to head the Environmental Protection Agency. The new director met in private with coal industry people, and the next day it was announced that implementation of coal-related regulations would be postponed.

  “Last but not least are agency personnel. Industry people are placed in agencies and are taken care of when they return to the private sector. More broadly, good jobs are offered to retiring regulators who have appreciated the industry’s concerns.

  “As someone noted, the effects of all of this are late, slow, and even nonexistent efforts to tackle the most obvious and pressing threats to public health, worker safety, and the environment.”

  Basile bowed. His presentation and testimony concluded.

  Aratta took to the lectern.

  “Master Basile described at some length the cladding of the government building,” said Aratta. “On my part, I wish to lay bare some of its interiors.”

  “Please proceed, Lord Aratta.”

  “Your Graces,” he opened, “the complexity of life requires human judgment: a continual consideration of things that comes one’s way mapped against ever-changing circumstances. This judicial outlook is what allows for adaptation and accommodation.

  “It is not just that. From the marketplace of ideas to the marketplace of commerce, society draws its vitality from the freedom to exercise one’s judgment, to own one’s daily choices to do what one thinks is prudent and reasonable. Furthermore, it is the possibility of a choice that provides people with a sense of personal fulfillment, challenge, and keep them engaged.

  “Laws ought to form outer bounds within which freedom of discretion and deed are to take place. However, that is not the case. In the modern era, the cobwebs of regulations, statutes, and insurance stipulations riddle every industry sector and mandate one’s conduct.

  “The omnipresent prescriptions and rules get between people and plain, old common sense. They disengage the moral compass of people. They deter them from accessing personal insights gained over the years. They drive away firsthand judgment.”

  Aratta continued, “These rigid regulations stop people from dealing directly with the nuance, complexity, and messiness of life. This is so, at least some of the time and in some domains, such as what may be observed with safety-related conduct in swimming pools or the drivers’ interactions with stop signs and speed limits.

  “Precise, unmalleable statutes and insurance stipulations do not permit case-specific adaptations, and they poorly negotiate circumstances and context. Alas, one is obliged to do things by the book, regardless. The body of regulations is often too detailed, from one side, and decoupled from common social norms, on the other. It is impossible to internalize and truly make it one’s own. Is attempting to resuscitate someone to save his life may land one in real trouble in case of a failed attempt? Caution and second-guessing suffuse some aspects of daily life. It tempers one’s choices and curtails one’s deeds.

  “Constraining the exercise of sound judgment sap people of their stamina. Their spirit of initiative dissipates. They no l
onger feel one can make a difference—or one should bother and try to.

  “In the workplace, people do not look within for guidance; written rules direct their conduct. Decisions are assessed in terms of possible liability and legal risks. As someone said, what people may sue for ends up defining the limits of freedom. Atop of which are insurance stipulations and government regulations and HR policies and organizational procedures—further increasing the number of barricade lights and the thickets of barbed wire.

  “Vast amounts of time are spent on documenting anything and everything. The perception of liability risk exerts a real impact. Caution is the order of the day. All of this makes for a far more safe environment. It also makes for a far more subdued and constricted environment.

  “They’ve gone from ‘damn the torpedoes’ to ‘code compliance and following protocol.’ Under pervasive, ponderous bureaucracies, the can-do culture of yesterday has transformed into the risk-aversion society of today, where employees are drone bees, doing it by the numbers.

  “In 1941, the United States entered a world war. Seemingly overnight, manufacturers retooled their factories and new, giant plants were built throughout the country. Millions of Americans rolled up their sleeves and one hundred thousand aircrafts were constructed in one year—shortly thereafter flying, performing, and functioning as intended. It was a good thing no one had to look over his shoulder or go through a regulatory labyrinth. And it echoed what Thomas Edison, one of their inventors, is reputed to have said: ‘Hell, there are no rules here—we’re trying to accomplish something.’