The New York State Legislature, Charter Schools and the “Big Ugly:” A Lesson in Civics (aka, Realpolitics)

Realpolitics: political realism or practical politics especially based on power as well as on ideals.

Why is politics so contentious? Why can’t people get along? Why is everything so partisan?

I can also ask why don’t Mets and Yankee fans get along. Giant and Jets fans?

Politics is contentious, sports are contentious, factions are part of human nature and factions can be passionate.

In Federalist # 10 Madison wrote,

AMONG the numerous advantages promised by a well constructed Union, none deserves to be more accurately developed than its tendency to break and control the violence of faction. The friend of popular governments never finds himself so much alarmed for their character and fate, as when he contemplates their propensity to this dangerous vice

 Complaints are everywhere heard from our most considerate and virtuous citizens, equally the friends of public and private faith, and of public and personal liberty, that our governments are too unstable, that the public good is disregarded in the conflicts of rival parties, and that measures are too often decided, not according to the rules of justice and the rights of the minor party, but by the superior force of an interested and overbearing majority.

 Madison acknowledges that factions are at the heart of a democracy,

 Liberty is to faction what air is to fire, an aliment without which it instantly expires. But it could not be less folly to abolish liberty, which is essential to political life, because it nourishes faction, than it would be to wish the annihilation of air, which is essential to animal life, because it imparts to fire its destructive agency.

Faction, while at the heart of a democracy, can be destructive, one remedy, autocracy, destroys democracy.

We should be teaching students that ideals should drive policy; however, different people have different ideals and different paths to achieving their goals. Passion can be constructive or destructive.

New York State politics is contentious: Republicans versus Democrats, the governor versus the legislature, and Democrats versus Democrats; to the average voter the process seems frustrating, partisan and driven by lobbyist dollars.

The New York State legislature is in the home stretch with a crowded agenda. The legislature meets from January till mid June with two key periods, the days leading up to the April 1 budget deadline and the last few days of the session, referred to as “The Big Ugly,” the last few days when “this” is traded for “that,” For decades, with a brief interlude, Republicans have controlled the Senate and Democrats the Assembly. For twelve years a Republican sat in the governor’s perch (Pataki) and the last eight years Andrew Cuomo. The “three men in a room” made the deals. At the budget deadline the leverage was with the governor and he crammed in whatever he could, the courts granted the governor wide discretion in establishing budget parameters. (Read here).

Prior to the 2018 election Republicans controlled the Senate, and, in the final days, of the budget or the end of session, the “big ugly,” the Republicans used their leverage to pass charter friendly legislation, for example, in exchange for extending mayoral control in New York City. The charter school political committees (PACs) pumped dollars into key races, the Republicans won and “returned the favor.”

In the November, 2018 elections the Democrats swept Republican seats, the very seats that received support from the charter school PACs.

The leverage moved from the Republicans to the Democrats.

The key charter school issue is the charter cap in New York City. The law sets a cap on the number of charter schools and the cap has been reached

The City and State website  speculates over whether the governor supports raising the cap.

… the [charter school PACs] long-standing allies in the state Senate Republican conference are out of power; Gov. Andrew Cuomo recently revived the issue. “We support raising this artificial cap,” Rich Azzopardi, the governor’s spokesman, told the New York Post in mid-April. “But the Legislature needs to agree as well.”

Despite Cuomo’s support, charter school proponents face resistance from teachers unions and many Democratic lawmakers who want to leave the cap unchanged. The issue is “not even on the radar screen,” Assembly Speaker Carl Heastie said recently, according to North Country Public Radio.

Within the last few days the New York State of Politics blog quotes the governor as outlining 10 issues for the end of session and charter schools are not among his priorities.

The leverage has shifted.

An election two weeks ago for a vacant City Council seat may bear on Albany politics. Interim elections to fill vacant seats are non-partisan, no party designations, and New York City matches contribution 8 to 1 .

In an election with numerous candidates the UFT, the teacher union supported a candidate. Farrah Louis who was not favored; however, her educational positions were in line with the positions of the union. She defeated a candidate endorsed by the former City Council member, Jumaane Williams, who is snow the Public Advocate.

The “lesson” is not lost; fighting with the union will have consequences.

Not only will the charter school cap not be lifted it is possible legislation hostile to charter schools may be folded into the “big ugly.”

A few bills dealing with the reauthorization of charter schools and the auditing of charter schools have just been introduced.

Factions will advocate, seek allies, lobby electeds and as the adjournment date, June 19^th approaches totally disparate bills will be linked, factions will find “friends,” at least for the moment.

Elections have consequences, charter PAC dollars “elected” Republicans who used their leverage to pass charter friendly legislation; an election cycle later Democrats defeated the charter PAC endorsed candidates, elections have consequences, the leverage switched, and, we can expect that legislation more friendly to teacher unions and public school advocates may become law.

Madison reminded us governmental systems must control themselves, and competing factions are a control.

“It may be a reflection on human nature, that such devices [checks and balances] should be necessary to control the abuses of government. But what is government itself, but the greatest of all reflections on human nature? If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary. In framing a government which is to be administered by men over men, the great difficulty lies in this: you must first enable the government to control the governed; and in the next place oblige it to control itself.

 Ideals, factions and politics and  are part of our contentious democracy.