Your weekly source for analysis and insight from experts at the Brennan Center for Justice

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The Briefing

On September 17, 1787, the delegates to the Constitutional Convention signed the document. So many of them knew of its flaws (acceptance of slavery, unrepresentative institutions, and more), but saw it as the best chance to build a nation out of disparate and disputatious parts. No such experiment had ever previously succeeded for long or on such a scale.

Famously, Benjamin Franklin stepped out of Independence Hall and was asked, “So, Dr. Franklin, what is it: a monarchy or a republic?”

“A republic,” Franklin replied, “if you can keep it.”

Today, as the executive threatens war with Iran without a vote or oversight of Congress, it is clear we all have much to do to “keep it” — to commit to the system of checks and balances and limited executive power that the Framers thought so essential.

Constitution

Saving the Supreme Court

Making the Supreme Court more accountable to the people will require fixing the way justices are appointed, argues Fritz Schwarz, chief counsel for the Brennan Center, in the latest issue of Democracy. Schwarz makes the case for a constitutional amendment that would spread Supreme Court appointments more evenly between presidents and implement 18-year term limits for justices. “All believers in equity and in there being a connection between the Court and the country—where a potential justice is ‘screened by the democracy’—should decry the current system of wildly uneven, and increasingly rare numbers of appointments,” he writes. // DEMOCRACY ([link removed])

Justice

The Consequences of Public Defender Resource Disparity

Public defenders represent people who cannot otherwise afford a lawyer when they face criminal prosecution. Despite a constitutional command for effective assistance of counsel, they face a shortage of resources, especially when compared to prosecutors — a disparity that tilts the criminal justice system. A new Brennan Center study outlines government steps to ensure that public defenders can provide adequate legal representation. “Public defenders protect the constitutional rights of millions of Americans, yet as a country, we invest so little in their work that they can’t do the job fully,” said Bryan Furst, the report author and a former Brennan Center fellow. “That has to change if we are going to improve how justice is served.” // READ MORE ([link removed])

Democracy

Public Financing in New York

In a potentially historic step, earlier this year New York Gov. Andrew Cuomo signed into law a commission charged with creating a small donor public financing program for state elections by the end of 2019. Last Tuesday, the panel held its first hearings, which featured testimony ([link removed]) from the Brennan Center’s Chisun Lee, Joanna Zdanys, and Fritz Schwarz — the last of whom served as the longtime chair of the New York City Campaign Finance Board.

The Brennan Center has long urged matching funds for small donations, a powerful way to empower ordinary citizens even in the face of corrupting Super PACs and dark money. Leading up to last week’s hearing, the New York Times editorialized that “the benefits of public financing are clear: better government, led by politicians who are more independent and more responsive to communities they are meant to serve.” If the commission carries out its mandate, New York could become the first in the country to pass a statewide small donor matching system — a move that could lead the way for the rest of the country to follow suit. // NEW YORK TIMES ([link removed])

“Sharpiegate” Highlights Trend of Executive Overreach

The National Oceanic and Atmospheric Administration drew controversy earlier this month when it contradicted its own scientists and backed President Trump’s false claim about Hurricane Dorian. The scuffle unfolded after the Birmingham National Weather Service corrected Trump after he tweeted that Alabama would likely be hit by the incoming storm.

The episode, according to Wendy Weiser, vice president for democracy at the Brennan Center, underscored a broader increase in the abuse of executive power over the past few decades. “There are too many loopholes in our system that allow for abuse of power despite the promises of presidential candidates,” she wrote. “What we need are stronger guardrails against executive abuse. Congress must step up and close these loopholes with legislation and codify the guardrails that everyone used to agree were essential to prevent abuse of power.” // READ MORE ([link removed])

A Diverse Nation Demands Collaboration

Major demographic shifts are unfolding in the United States. Already, 5 states have no majority racial or ethnic group, and next year’s census is expected to show that white people have become a minority in the overall population under 18 years old. In a New York Times op-ed, the Brennan Center’s Mireya Navarro argues that these demographic changes create opportunities for both Republicans and Democrats to build coalitions across racial lines. “Through our democracy, we have the tools to make a transformative change that takes advantage of the new racial dynamics of more interwoven and multicultural communities as an opportunity to deliver better results for all our citizens,” writes Navarro. // NEW YORK TIMES ([link removed])

Texas Begins a New Round of Redistricting Hearings

Last week, Texas lawmakers kicked off the latest round of preparations for redrawing the state’s political maps in 2021. The redistricting process in Texas has drawn controversy throughout the past decade. Since 2011, courts have repeatedly ordered Texas lawmakers to redraw the state’s political maps in accordance with the Voting Rights Act to protect mostly minority districts. The next redistricting process will take place after the 2020 census, which is expected to show that Texas has grown more diverse over the past 10 years. The state’s shifting population and demographics may encourage lawmakers to draw maps differently, said Michael Li, senior counsel for the Brennan Center’s Democracy Program. // TEXAS STANDARD ([link removed])

News

- Michael German on how the FBI transformed into a powerful domestic intelligence agency // THE INTERCEPT ([link removed])

- Faiza Patel on the Department of Homeland Security’s plans to collect social media information from immigration and visitor applicants // CNN ([link removed])

- Myrna Pérez on the consequences of voting-related prosecution in Texas // TEXAS OBSERVER ([link removed])

Have an issue you'd like us to cover? Feedback on this newsletter? Email us at [email protected]
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The Brennan Center for Justice at NYU School of Law is a nonpartisan law and policy institute that works to reform, revitalize – and when necessary defend – our country’s systems of democracy and justice.

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