Editors' Note: How can the U.S. government better counter ISIS propaganda? As the State Department overhauls its counter messaging program, Will McCants and Clint Watts examine what makes ISIS’s online magazine, Dabiq, so successful, and the obstacles to the U.S. government producing a publication that effective. This piece originally appeared on The Daily Beast.

The Obama administration attributes much of ISIS’s success at communicating to its technological savvy, which has elevated the group to a global media and terrorist phenomenon. The president has gone so far as to say that the Paris attackers were a “bunch of killers with good social media.”

Despite the praise heaped on the so-called Islamic State for its cutting-edge propaganda online, one of its most effective products is decidedly low tech. Dabiq, ISIS’s online news magazine, has a small but devoted readership that spans the globe. News of advances on the battlefield excite them—more evidence that God’s kingdom on earth has returned and grows. Stories of fighters inspire them—more models to emulate as they contemplate what role they can play in the divine drama unfolding.

Journalists and analysts read it with almost the same intensity as ISIS fans; the contents of each volume fill newspapers and think-tank reports soon after it’s released. And no wonder: the magazine clearly states the organization’s goals; provides news of its activities that advance those goals; showcases personal stories of the people engaged in the activities; and announces major developments in the organization’s fight against its enemies. It’s a wealth of information presented between two covers every few months.

Can you name a single U.S. government publication or online platform devoted to the anti-ISIS fight that is as informative or as widely-read as Dabiq? Is there anything that tells us what all these air sorties are for? Who’s fighting this fight on the ground? What advances the coalition has made and why we should we care? We couldn’t come up with one either.

That got us to thinking: why can’t the U.S. government publish something like Dabiq online? Lack of imagination isn’t the reason. A news magazine isn’t a very creative idea—Americans perfected the form, which ISIS copied. And if anything, folks inside the government have too many overly-imaginative ideas, most of them involving whiz-bang technology. If you’ve thought it, they’ve thought it. A social media campaign for youth to come up with ways to counter violent extremism? Check. Sock-puppetry? Check.

The only real obstacle impeding the U.S. government is itself. The executive branch’s complicated bureaucracy, legal strictures, and sensitivity to criticism from media and Congress make it tough to publish a Dabiq-style magazine. To see what we mean, let’s look at two of Dabiq’s regular features and see what would happen if the U.S. government tried to mimic them:

Attack Reports: Each issue of Dabiq details its attacks on its enemies. One entry in issue 12 chronicled ISIS’s efforts to capture an airbase in Dayr al-Zawr, Syria. Another described four suicide attacks on the Saudi-led coalition fighting southern Yemen. Pictures accompany most entries, some quite gruesome.

The U.S. government routinely writes these types of reports for internal consumption. But when they’re public—and thus under the scrutiny of Congress that holds the pursestrings and the media that holds the careerstrings—routine gives way to caution and quarreling.

If the president asks his government to write attack reports for the public, the U.S. Department of State and the Department of Defense will quarrel about who will take the lead in writing and publishing them. Then they and the intelligence agencies will quarrel over which reports should be included. Will this report counter the president’s insistence that we have no boots on the ground? Will that report make it look like our Iraqi partners aren’t carrying their weight? Does this one tell the enemy too much about our game plan? Does that picture make U.S. soldiers look too menacing? Will this report later be discredited by the media? Will these battlefield successes be reversed in the future? Does anyone know if another agency has said this or its opposite? Will anyone trust what we’re saying? Shouldn’t someone else be saying this?

When something finally slides off the serpentine conveyor belt months later, it will be a bland blob devoid of detail and relevance. Meanwhile, ISIS will have added twelve more volumes to its shelves.

Biographies of Fighters: Dabiq sometimes profiles its fighters, including the young men on the front lines dying for ISIS’s cause. The fighters tell their stories and explain their reasons for fighting. In issue 8, for example, there is a Q&A with the man who murdered a prominent politician in Tunisia. He explains why he did it and how it advances the greater goals of the Islamic State.

The United States military used to feature these sorts of stories, too—back when the American war in Iraq was a massive, overt affair. Now, that’s not the case. The identities of the Americans fighting in Syria and Iraq are a well-guarded secret because the government does not want them or their families to become targets. The government would also frown on them for nonchalantly talking about killing lest the American public get upset. And then there’s that boots on the ground thing.

Without personal stories, we’re left with drones buzzing in the sky, and buzz-cut officers droning through stale Pentagon briefings. The human cost on both sides is reduced to numbers on slides, which means Americans can’t appreciate the true costs of war and foreigners can’t appreciate the sacrifices Americans are making on their behalf.

Some readers might feel that the U.S. government should be constrained in these ways. They want the government to be sensitive to public opinion and exceedingly cautious when talking about war and violence. If so, they shouldn’t complain when the U.S. government explains its anti-ISIS fight in the vaguest possible terms—that’s the outcome of extreme caution compounded by bureaucratic bargaining on a mind-boggling scale. Others might feel we need to reform the way government does messaging. If so, don’t propose to change the system first. Rather, ask the system to perform a simple task like the one we’ve described and see where it breaks down. Then you’ll know what to fix.

Making a news magazine probably isn’t the high tech solution the government is looking for, at least judging by Friday’s pilgrimage of senior security officials to Silicon Valley and the revamping of State Department’s online counter messaging campaign. But if our byzantine, poll-sensitive government can’t do something so basic, it won’t perform better when it’s tasked with something more complicated no matter how much technology it uses.

Will McCants: ISIS-claimed attacks in Paris, Beirut, and Egypt indicate the organization wants to take the fight to its enemies abroad. One reason might be that all is not well in ISIS-land. The nascent state in Syria and Iraq has lost around 25 percent of its territory and tens of thousands of fighters in the year since America and its allies began to their campaign to defeat it. While the state still endures for now, it's under tremendous pressure because of the costs of ceaseless war.

To explain the troubles ISIS faces at home, we have invited a group of scholars to comment on its governance over the past years and speculate on what they might face in the year ahead. First was Mara Revkin, who examined how opinions towards ISIS have changed since it captured Mosul more than a year ago.

Next up was Aymenn al-Tamimi, a Jihad-Intel research fellow at the Middle East Forum, who argued that internal documents show increasing challenges for the Islamic State. 

This time, we’ve asked Aaron Zelin, the Richard Borow Fellow at the Washington Institute for Near East Policy, to weigh in with a historical perspective.

Aaron Zelin: Attempts by salafi-jihadis to create states or govern territory are not a new phenomenon. Even for the Islamic State (IS), this is its second attempt at establishing a state and governing territories it controls. What sets it apart this time is the level of planning, sophistication, and capabilities compared to ten years ago.

Unlike the prior pieces in this series, I hope to present a historical perspective on IS governance, since I do not think one can be separate from the other.

The first state

In October 2006—when the Islamic State of Iraq (ISI) was declared—the leader of al-Qaida in the Land of Two Rivers (better known as AQI), Abu Ayyub al-Masri (Abu Hamza al-Muhajir) pledged allegiance to the new self-declared leader of the faithful, Abu ‘Umar al-Baghdadi. In a January 2007 book, ISI’s Shaykh ‘Uthman ‘Abd al-Rahman al-Tamimi explains the rationale for declaring the state. In it, he also outlines the state’s responsibilities for areas it controls: prosecuting criminals and sinners, implementation of the hudud (fixed punishments in the Qur’an and Hadith), mediating and resolving conflicts, providing security, distributing food and relief, and selling oil and gas. 

Although it called itself a state, the Islamic State of Iraq controlled only small amounts of territory, for limited periods of time—in no small part because of the American military occupation, but also due to insurgent and tribal competition for power. It attempted to show a veneer of legitimacy by establishing a cabinet of ministries in April 2007 and September 2009. Because of ISI’s limitations, it was nearly impossible to resolve conflicts, provide security, distribute food and relief, or sell oil and gas. Instead, it fell back on mostly only instituting hisba (moral policing) activities and targeting enemies as murtadin (apostates) and therefore legitimate to target and kill. Ten years ago, therefore, ISI did not live up to its own standards of governance excellence.

Ten years ago, therefore, ISI did not live up to its own standards of governance excellence.

ISI killed and kidnapped leaders from prior allies—such as the Islamic Army of Iraq, Ansar al-Sunnah, and other insurgent factions—because they were unwilling to pledge allegiance to al-Baghdadi. It required female residents to wear the niqab, burned down beauty salons and stores selling music, flogged individuals for drinking alcohol or smoking cigarettes, and banned barbers’ use of electric razors. ISI also banned positioning certain fruits next to one another at markets out of concerns over sexual innuendo, as well as banned the local bread (samun) and the use of ice. In town after town, this precipitated what eventually became known as the tribal sahwa, or awakening. That, along with the U.S. military surge in Iraq, tactically defeated ISI by 2009.

Towards a second state

Since ISI was only tactically and not strategically defeated, it used the American drawdown of troops that ended in December 2011, Sunni grievances with the Nouri al-Maliki regime in Baghdad, and most importantly the battlefield next door in Syria to rebuild its infrastructure and capabilities. As I noted in March 2013, a month before it changed its name to the Islamic State of Iraq and al-Sham (ISIS): “Through sectarian rhetoric, [ISI] will use the Syrian fight to try and gain more recruits in Iraq and redeem itself for its lost opportunity last decade.” Indeed it did. This time proved much different than a decade earlier. It also had a provisional position paper that outlined how it sought to take over territory and govern.

Prior to the infighting that began in January 2014 between ISIS and revolutionary, Islamist, and other jihadi factions in Syria, there was an understanding among the different insurgent forces against the Assad regime. As a consequence, ISIS was able to embed itself within the broader anti-Assad coalition even if other factions were wary of it—unlike now, when IS has pariah status. From April 2013 to January 2014, ISIS’s main focus was to present itself in a positive light to the Syrian population through da’wa (missionary) forums and by providing services. It also conducted softer moral policing, such as burning cigarettes or confiscating alcohol. But similar to a decade ago, it also killed other leaders from Syrian insurgent factions, prompting backlash. ISIS was pushed out of Latakia, Idlib, and parts of Aleppo governorates between January and March 2014. 

This led to ISIS’s independent consolidation of territory farther to the east in the Raqqa governorate and parts of Dair al-Zour governorate. It is also when more harsh punishments began to appear, such as cutting off hands for robbery or crucifying alleged apostates. In this period, ISIS also sought to appear as a state-like entity, showing off its various administrative departments including its da’wa offices, shariah courts, religious schools, police stations, and local municipalities, among others. It was an uneven process across its proto-wilayat (provinces) until its June 2014 declaration of the Caliphate, when ISIS changed its name again—to IS.

The second state

Since then, based on my review of thousands of IS media releases, a pattern emerged in IS attempts to expand, take over new territory, and consolidate its control. IS’s systematizing, bureaucratizing, and formalizing its governance structures allow it to operate consistently and in parallel across its various wilayat. This governance model can equally be applied in its core territory of Iraq and Syria as well as various other provinces. It is far more advanced than its prior incarnations, let alone al-Qaida branches (the closest instance being al-Shabab in Somalia).

IS’s systematizing, bureaucratizing, and formalizing its governance structures allow it to operate consistently and in parallel across its various wilayat.

My research demonstrates that IS state-building exhibits two stages: pre- or partial territorial control and full territorial control. Within these two categories are five phases of establishing control: intelligence, military, da’wa, hisba (consumer protection and moral policing), and governance. Although hisba would generally be considered part of IS’s governance apparatus, I separated the two—this helps distinguish the level of advancement and sophistication associated with meting out justice, versus that associated with actual services, administration, and economic activity, since the former is easier to implement than the latter. More details with specifics and case studies can be found here.

When compared with its first state as ISI and its building toward a second state as ISIS, the post-June 2014 IS structures, plans, and implementation are far superior.

When compared with its first state as ISI and its building toward a second state as ISIS, the post-June 2014 IS structures, plans, and implementation are far superior. Further, depending on the date and the particular province, IS did live up to its own standards of governance. That’s not to legitimize it, but rather to understand it on its own terms. This increased efficacy illustrates the organization’s ability to learn from past experiences. It also suggests that IS may apply lessons learned as more of its governance plays out in areas outside of Iraq and Syria—especially in Libya, but possibly even in Yemen or Afghanistan in the future. New knowledge will sharpen IS’s thinking and continue its growth and evolution as well as shorten its learning curve.

Therefore, aspects of the IS model could shift in the future. Moreover, since the American-led airstrikes began, its capabilities have been slowly diminished. As a result, it is currently difficult to determine whether IS is living up to its standards anymore.

Moreover, since the American-led airstrikes began, its capabilities have been slowly diminished. As a result, it is currently difficult to determine whether IS is living up to its standards anymore.

Watch and learn

Similar to IS, al-Qaida is in the process of learning lessons from the governance experience of the ISI in the mid-2000s. It is also looking back on its first attempted cases of governance activities by its own branches in the past several years in Somalia, Yemen, Mali, and Syria. Unlike IS, al-Qaida is attempting to root itself into local insurgencies in Libya, Syria, Yemen, and Mali, and not play a monopolizing role (at least for now). The second governance attempt by al-Qaeda in the Arabian Peninsula (AQAP) is still in its infancy, but its performance will provide more answers about the evolution in al-Qaida’s thinking on governance and how it differs from IS’s second governance attempt. 

The establishment of jihadi governance projects are a new normal. For now, it’s clear that IS has set a higher standard when compared to its earlier attempt a decade ago and to al-Qaida’s present governance. But the question going forward is whether either IS’s or al-Qaida’s models (or both) will be able to self-sustain in the long-term as they continue to incorporate lessons learned.

Will McCants: As we continue onwards in the so-called Long War, it’s a good time to reflect on where we are in the fight against al-Qaida and its bête noire, the Islamic State. Both organizations have benefited from the chaos unleashed by the Arab Spring uprisings but they have taken different paths. Will those paths converge again or will the two organizations continue to remain at odds? Who has the best strategy at the moment? And what political changes might happen in the coming year that will reconfigure their rivalry for leadership of the global jihad?

To answer these questions, I’ve asked some of the leading experts on the two organizations to weigh in. First was Barak Mendelsohn, who analyzed the factors that explain the resilience and weaknesses of both groups. Then Clint Watts offered ways to avoid the flawed assumptions that have led to mistaken counterterrorism forecasts in recent years. 

Next up is Charles Lister, a resident fellow at the Middle East Institute, to examine the respective courses each group has charted to date and whether that's likely to change. 

Charles Lister: The world of international jihad has had a turbulent few years, and only now is the dust beginning to settle. The emergence of the Islamic State as an independent transnational jihadi rival to al-Qaida sparked a competitive dynamic. That has heightened the threat of attacks in the West and intensified the need for both movements to demonstrate their value on local battlefields. Having spent trillions of dollars pushing back al-Qaida in Afghanistan and Pakistan and al-Qaida in Iraq, the jihadi threat we face today far eclipses that seen in 2000 and 2001.

As has been the case for some time, al-Qaida is no longer a grand transnational movement, but rather a loose network of semi-independent armed groups dispersed around the world. Although al-Qaida’s central leadership appears to be increasingly cut off from the world, frequently taking many weeks to respond publicly to significant events, its word remains strong within its affiliates. For example, a secret letter from al-Qaida leader Ayman al-Zawahiri to his Syrian affiliate the Nusra Front in early 2015 promptly caused the group to cease plotting attacks abroad.

Seeking rapid and visible results, ISIS worries little about taking the time to win popular acceptance and instead controls territory through force.

While the eruption of the Arab Spring in 2010 challenged al-Qaida’s insistence that only violent jihad can secure political change, the subsequent repression and resulting instability provided an opportunity. What followed was a period of extraordinary strategic review. Beginning with Ansar al-Sharia in Yemen (in 2010 and 2011) and then with al-Qaida in the Islamic Maghreb (AQIM), Ansar al-Din, and the Movement for Unity and Jihad in West Africa (MUJAO) in Mali (2012), al-Qaida began developing a new strategy focused on slowly nurturing unstable and vulnerable societies into hosts for an al-Qaida Islamic state. Although a premature imposition of harsh Shariah norms caused projects in Yemen and Mali to fail, al-Qaida’s activities in Syria and Yemen today look to have perfected the new “long game” approach.

In Syria and Yemen, al-Qaida has taken advantage of weak states suffering from acute socio-political instability in order to embed itself within popular revolutionary movements. Through a consciously managed process of “controlled pragmatism,” al-Qaida has successfully integrated its fighters into broader dynamics that, with additional manipulation, look all but intractable. Through a temporary renunciation of Islamic hudud (fixed punishments in the Quran and Hadith) and an overt insistence on multilateral populist action, al-Qaida has begun socializing entire communities into accepting its role within their revolutionary societies. With durable roots in these operational zones—“safe bases,” as Zawahiri calls them—al-Qaida hopes one day to proclaim durable Islamic emirates as individual components of an eventual caliphate.

Breadth versus depth

The Islamic State (or ISIS), on the other hand, has emerged as al-Qaida’s obstreperous and brutally rebellious younger sibling. Seeking rapid and visible results, ISIS worries little about taking the time to win popular acceptance and instead controls territory through force and psychological intimidation. As a militarily capable and administratively accomplished organization, ISIS has acquired a strong stranglehold over parts of Iraq and Syria—like Raqqa, Deir el-Zour, and Mosul—but its roots are shallow at best elsewhere in both countries. With effective and representative local partners, the U.S.-led coalition can and will eventually take back much of ISIS’s territory, but evidence thus far suggests progress will be slow.

Meanwhile, ISIS has developed invaluable strategic depth elsewhere in the world, through its acquisition of affiliates—or additional “states” for its Caliphate—in Yemen, Libya, Algeria, Egypt, Afghanistan, Pakistan, Nigeria, and Russia. Although it will struggle to expand much beyond its current geographical reach, the growing importance of ISIS in Libya, Egypt, and Afghanistan-Pakistan in particular will allow the movement to survive pressures it faces in Syria and Iraq. 

As that pressure heightens, ISIS will seek to delegate some level of power to its international affiliates, while actively encouraging retaliatory attacks—both centrally directed and more broadly inspired—against high-profile Western targets. Instability breeds opportunity for groups like ISIS, so we should also expect it to exploit the fact that refugee flows from Syria towards Europe in 2016 look set to dramatically eclipse those seen in 2015.

Instability breeds opportunity for groups like ISIS.

Charting a new course?

That the world now faces threats from two major transnational jihadist movements employing discernibly different strategies makes today’s counterterrorism challenge much more difficult. The dramatic expansion of ISIS and its captivation of the world’s media attention has encouraged a U.S.-led obsession with an organization that has minimal roots into conflict-ridden societies. Meanwhile the West has become distracted from its long-time enemy al-Qaida, which has now grown deep roots in places like Syria and Yemen. Al-Qaida has not disappeared, and neither has it been defeated. We continue this policy imbalance at our peril.

In recent discussions with Islamist sources in Syria, I’ve heard that al-Qaida may be further adapting its long-game strategy. The Nusra Front has been engaged in six weeks of on/off secret talks with at least eight moderate Islamist rebel groups, after proposing a grand merger with any interested party in early January. Although talks briefly came to a close in mid-January over the troublesome issue of the Nusra Front’s allegiance to al-Qaida, the group’s leader Abu Mohammed al-Jolani now placed those ties as an issue on the table for negotiation. 

Al-Qaida has not disappeared, and neither has it been defeated.

The fact that this sensitive subject is now reportedly open for discussion is a significant indicator of how far the Nusra Front is willing to stretch its jihadist mores for the sake of integration in Syrian revolutionary dynamics. However, the al-Nusra Front's leader, Abu Mohammed al-Jolani, is a long-time Al-Qaeda loyalist and doesn't fit the profile of someone willing to break a religious oath purely for the sake of an opportunistic power play. It is therefore interesting that this secret debate inside Syria comes amid whispers within Salafi-jihadi and pro-al-Qaida circles that Zawahiri is considering “releasing” his affiliates from their loyalty pledges in order to transform al-Qaida into an organic network of locally-inspired movements—led by and loosely tied together by an overarching strategic idea.

Whether al-Qaida and its affiliates ultimately evolve along this path or not, the threat they pose to local, regional, and international security is clear. When compounded by ISIS’s determination to continue expanding and to conduct more frequent and more deadly attacks abroad, jihadist militancy looks well-placed to pose an ever present danger for many years to come. 

Editors’ Note: Since President François Hollande’s 2012 election, France has launched an Asia-wide initiative in an attempt to halt declining trade figures and improve its overall leverage with the region, write Philippe Le Corre and Michael O’Hanlon. This piece originally appeared on The National Interest.

On April 26, France’s defense shipbuilding company DCNS secured a victory in winning, against Japan and Germany, a long-awaited $40 billion Australian submarine deal. It may not come as a surprise to anyone who has been following France’s growing interest in the Asia-Pacific for the past five years. Since President François Hollande’s 2012 election, the country has launched an Asia-wide initiative in an attempt to halt declining trade figures and improve its overall leverage with the region.

Visiting New Caledonia last weekend, Prime Minister Manuel Valls immediately decided on the spot to fly to Australia to celebrate the submarine news. Having been at odds in the 1990s over France’s decision to test its nuclear weapon capacities on an isolated Pacific island, Paris and Canberra have begun a close partnership over the last decade, culminating in the decision by Australia’s Prime Minister Malcolm Turnbull, in power since September 2015.

Unlike its Japanese competitor Mitsubishi Heavy Industries (MHI), DCNS promised to build the submarine main parts on Australian soil, creating 2,900 jobs in the Adelaide area. The French also secured support from U.S. defense contractors Lockheed Martin and Raytheon, one of which will eventually build the twelve shortfin Barracuda submarines’ combat systems. Meanwhile, this unexpected victory, in light of the close strategic relationship between Australia and Japan, has shed light on France’s sustained ambitions in the Asia-Pacific region. Thanks to its overseas territories of New Caledonia, Wallis and Futuna, French Polynesia and Clipperton Island, France has the world’s second-largest maritime domain. It is also part of QUAD, the Quadrilateral Defence Coordination Group that also includes the United States, Australia and New Zealand, and which coordinates security efforts in the Pacific, particularly in the maritime domain, by supporting island states to robustly and sustainably manage their natural resources, including fisheries.

France is also attempting to correct an excessive focus on China by developing new ties with India, Japan, South Korea and Southeast Asian countries, which have all received a number of French ministerial visits. France’s overseas territories also include a presence in the southern part of the Indian Ocean, with the islands of Mayotte, Réunion and the Scattered Islands, and French Southern and Antarctic Territories, as well as the northwest region of the Indian Ocean through its permanent military presence in the United Arab Emirates and Djibouti. Altogether these presences encompass one million French citizens. This sets France apart from its fellow EU member states regarding defense and security in the Asia-Pacific, particularly as France is a top supplier of military equipment to several Asian countries including Singapore, Malaysia, India and Australia. Between 2008 and 2012, Asian nations accounted for 28 percent of French defense equipment sales, versus 12 percent during 1998–2002. (More broadly, 70 percent of European containerized merchandise trade transits through the Indian Ocean.)

Despite its unique position, France is also supportive of a joint European Union policy toward the region, especially when it comes to developments in the South China Sea. Last March, with support from Paris, Berlin, London and other members, Federica Mogherini, the EU’s High representative for Foreign Affairs and Security Policy, issued a statement criticizing China’s actions:

“The EU is committed to maintaining a legal order for the seas and oceans based upon the principles of international law, as reflected notably in the United Nations Convention on the Law of the Sea (UNCLOS). This includes the maintenance of maritime safety, security, and cooperation, freedom of navigation and overflight. While not taking a position on claims to land territory and maritime space in the South China Sea, the EU urges all claimants to resolve disputes through peaceful means, to clarify the basis of their claims, and to pursue them in accordance with international law including UNCLOS and its arbitration procedures.”

This does not mean that France is neglecting its “global partnership” with China. In 2014, the two countries celebrated fifty years of diplomatic relations; both governments conduct annual bilateral dialogues on international and security issues. But as a key EU state, a permanent member of the UN Security Council and a significant contributor to the Asia-Pacific’s security, France has launched a multidimensional Asia policy.

All of this should be seen as welcome news by Washington. While there would have been advantages to any of the three worthy bids, a greater French role in the Asia-Pacific should be beneficial. At this crucial historical moment in China's rise and the region's broader blossoming, the United States needs a strong and engaged European partnership to encourage Beijing in the right direction and push back together when that does not occur. Acting in concert with some of the world's other major democracies can add further legitimacy to America's actions to uphold the international order in the Asia-Pacific. To be sure, Japan, South Korea and Australia are key U.S. partners here and will remain so. But each also has its own limitations (and in Japan's case, a great deal of historical baggage in dealing with China).

European states are already heavily involved in economic interactions with China. The submarine decision will help ensure a broader European role that includes a hard-headed perspective on security trends as well.

What are the greatest dangers to citizens of the world's cities, as well as its towns, villages, and rural areas? This is an important issue to understand as we approach the general election season in the United States, when candidates for the highest office in the land will have to help voters make sense of the state of violence around the world—and tell us what they would do about it.

Headlines can be deceiving. We hear about China's rise, Russia's adventures, North Korea's nuclear misbehavior, the Iran nuclear deal, Pakistan and Afghanistan, and of course ISIS and civil war in the Middle East all the time. But it is also worth taking a step back to understand the broader state of violence on the planet today. Do so, and you might be surprised.

As part of a Brookings-JPMorgan Chase project that we call Securing Global Cities, we have attempted to map these trends in violence, benefiting greatly from ongoing work at European think tanks like the Peace Research Institute Oslo (PRIO) and the Stockholm International Peace Research Institute (SIPRI), the University of Maryland, and the United Nations. Here are some of the most salient facts and figures:

• Even with Russian President Vladimir Putin's activities from Ukraine to Syria in recent years, interstate conflict remains low and mild in intensity by historical standards, thankfully. China's activities in the South China Sea, however concerning, do not presently broach the threshold of interstate war.
• Unfortunately, the picture is more muddled for civil war. It remains less prevalent and less deadly than in the worst periods of the Cold War and the 1990s. But it has ticked up considerably since the beginning of the Arab spring in 2011, especially in the broad arc from the Sahel in Africa through the Middle East and to South Asia. Worldwide, perhaps 100,000 people a year are dying in civil wars.
• Yet war and terrorism are not the primary security threats to most people on the planet today. Notably, each year, more than 400,000 people are murdered around the globe, according to the United Nations Office on Drugs and Crime.
• Murder rates are highest in the Americas and in Africa, at least twice the global average. They are greatest in central and southern Africa, and from Brazil and Venezuela/Colombia to Central America and the Caribbean and Mexico.
• The least violent parts of the world include most of East Asia and Western Europe, despite the terrorism threat afflicting the latter region of late. 
• The “most improved” regions in recent decades include Colombia, former war-torn African states like Angola, Mozambique, Liberia, and Sierra Leone, as well as parts of Southeast Asia and a number major U.S. cities.
• If one broadens the lens on the definition of violence, motor vehicle accidents constitute an even bigger threat. The World Health Organization estimates that 1.2 million people a year die in such accidents worldwide.
• As cities and countries think about future security, they must bear in mind not just these current realities but the potential for catastrophe—from earthquakes, droughts, pandemics, nuclear reactor disasters, and massive infrastructural failures. In a worst case, tens of millions could suddenly be put at acute risk.

There is much to celebrate about the human condition today. Despite the headlines, life has actually never been safer or more prosperous for a higher fraction of the world's population. But our progress is fragile, and it is of course incomplete. 

The next U.S. president needs a plan for Syria, Libya, and Yemen, to be sure. But he or she also needs to address the broader challenges of urban and global security for a planet that is getting healthier and more secure but which still has a very long ways to go. A good first step is to collect and study what works in key cities and countries around the world so that we can all learn from each other, on topics ranging from breaking up gangs to corralling drug traffickers to stopping terrorism. A great deal has been learned; it is time to spread the knowledge, and emulate the best practices worldwide.

Editor's Note: This past week's vote in the United Kingdom to leave the European Union reveals huge frustration among British voters with economic, immigration, national self-identity, and the whole "European project." Trade between Britain and continental Europe could be notched back a bit as tariffs; London's role as a financial capital of the world may be compromised somewhat. But after acknowledging such real, if finite, concerns, writes Michael O'Hanlon, we should take a deep breath and relax. This piece was originally published by USA Today.

There's no denying it: this past week's vote in the United Kingdom to leave the European Union is very big news. It reveals huge frustration among British voters with economic globalization, immigration, national self-identity and the whole "European project." And there will be costs. Trade between Britain and continental Europe could be notched back a bit as tariffs return; London's role as a financial capital of the world may be compromised somewhat.

But after acknowledging such real, if finite, concerns, we should take a deep breath and relax. Silly headlines like that appearing in the June 25 NY Times about a looming end to the post-World War II order are not only premature, they are basically wrong.

Start with that order. The United States and United Kingdom worked together to win World War II, of course, without the UK being part of any European Union or even a European Community. (The European Community or EC was organized for European economic cooperation that began in the 1970s; it did not create open borders within Europe the way the European Union later did.) Indeed, we collectively won the Cold War without the European Union, which was not created until 1993. Western Europe had already re-established itself as a modern economic powerhouse before the creation of the EU, recovering spectacularly from the unbelievable wartime devastation that occurred in the 1940s. The United States helped a great deal with that process through the Marshall Plan and other mechanisms—none of which depended on EU bureaucracies or open borders.

Look at it another way. The UK is an important country. But with 1% of world population and 3% of world GDP, it does not drive the modern global economy. The stakes here are real, but again, they are finite.

Moreover, the tanking of shocked stock markets right after the Brexit vote should not confuse us about the state of economic fundamentals. To be sure, lots of people will have to work hard to negotiate new terms for Britain's future association with Europe. But the UK and the European Union's remaining 27 members will have powerful incentives to keep trade relatively free and financial markets quite integrated. Think of the models of Norway and Switzerland—also not EU members, but important and interlocking parts of the continent's economy. The UK is likely to wind up with a similar role in Europe's future.

Some people will worry about whether Brexit will weaken the EU's ability to stand up to Vladimir Putin as he causes unrest in eastern Europe. That is doubtful. The EU just last week renewed sanctions, with Germany and other continental countries leading the way. Britain's voice on such matters is important, but no more so than Germany's or France's, and it can remain important on the outside.

What about the US-UK "special relationship?" Again, I do not anticipate major problems. It is called a special relationship for a reason. We have been close allies for a century or more, and much of our best work together has happened bilaterally rather than through any EU, EC, UN, or other such multilateral mechanisms. That can continue.

The UK will remain in NATO, moreover — and NATO is, by far, the more important organization for global security, because it includes the United States while the European Union naturally does not. It is NATO, for example, that intervened in the Balkans wars in the 1990s and NATO that leads the Afghanistan mission even today. It is NATO that is sending battalions into eastern Europe today to stand up militarily to Putin.

On other issues, Britain has maintained its own prerogatives even while in the EU. In the Iran nuclear talks that led to last year's accord, for example, Britain had its own, independent role and voice. That won't change for similar situations in the future.

Even if, in coming years, Scotland secedes from the UK in order to rejoin the EU, that will cost the United Kingdom only 8% of its population (even if a higher percent of its castles, Loch Ness monsters, and men in skirts). Admittedly, the UK's ability to sustain nuclear forces could be challenged without access to Scottish ports—but those nuclear weapons, with all due respect to British friends, aren't really crucial pillars of today's global order in any event. Maybe Scottish secession would even persuade Britain to stop maintaining an unnecessary and costly nuclear deterrent.

To be sure, one can always find some hypothetical scenario in which having the UK outside of the European Union complicates life. To be sure, pulling out will make life temporarily harder for British and European diplomats and bureaucrats as they fashion a revised European order. And most of all, it is true that we need to take seriously the skepticism about globalization that UK voters have just voiced in a powerful and emphatic way. But the postwar global order is hardly falling apart.

Event Information

On August 7, the White House announced cancellation of the planned Moscow summit in early September between Presidents Obama and Putin, saying there were no prospects for significant progress on key issues at the meeting.  The White House also said cooperation with Russia remains a priority, and on August 9 Secretaries Kerry and Hagel met with their Russian counterparts, Ministers Lavrov and Shoigu.  While President Obama intends to travel to St Petersburg for the G20 summit on September 6 and 7, there has been no word on whether there will be a bilateral meeting with President Putin on the margins of the summit.  Clearly, U.S.-Russian relations have entered troubled times.

On August 28, the Center on the United States and Europe hosted a panel discussion to address these developments and future prospects for the bilateral relationship between Washington and Moscow.  Brookings Senior Fellows Clifford Gaddy, Steven Pifer and Angela Stent will take part.  Brookings Visiting Fellow Jeremy Shapiro moderated.   Following opening comments, the panelists took questions from the audience.

Watch full video from the event at C-SPAN.org »

Video

• What the U.S. Does in Syria Will Be Costly for Russia
• Russia Reluctant to Intervene in Syria
• Russia Fears Increased Instability in the Middle East

Audio

• The U.S.-Russia Relationship: What's Next?

Transcript

• Transcript (.pdf)

Event Materials

• 20130828_US_Russia_transcript

A key objective of the United Nations Development Programme (UNDP) is to assist its member countries in meeting the Millennium Development Goals (MDGs). UNDP pursues this objective in various ways, including through analysis and advice to governments on the progress towards the MDGs (such as support for the preparation and monitoring Poverty Reduction Strategies, or PRSs, in poor countries), assistance for capacity building, and financial and technical support for the preparation and implementation of development programs.

The challenge of achieving the MDGs remains daunting in many countries, including Tajikistan. To do so will require that all development partners, i.e., the government, civil society, private business and donors, make every effort to scale up successful development interventions. Scaling up refers to “expanding, adapting and sustaining successful policies, programs and projects on different places and over time to reach a greater number of people.” Interventions that are successful as pilots but are not scaled up will create localized benefits for a small number of beneficiaries, but they will fail to contribute significantly to close the MDG gap.

This paper aims to assess whether and how well UNDP is supporting scaling up in its development programs in Tajikistan. While the principal purpose of this assessment was to assist the UNDP country program director and his team in Tajikistan in their scaling up efforts, it also contributes to the overall growing body of evidence on the scaling up of development interventions worldwide.

Downloads

• Download Full Paper

The challenge of rural poverty and food insecurity in the developing world remains daunting. Recent estimates show that “there are still about 1.2 billion extremely poor people in the world. In addition, about 870 million people are undernourished, and about 2 billion people suffer from micronutrient deficiency. About 70 percent of the world’s poor live in rural areas, and many have some dependency on agriculture,” (Cleaver 2012). Addressing this challenge by assisting rural small-holder farmers in developing countries is the mandate of the International Fund for Agricultural Development (IFAD), an international financial institution based in Rome.

The International Fund for Agricultural Development is a relatively small donor in the global aid architecture, accounting for approximately one-half of 1 percent of all aid paid directly to developing countries in 2010. Although more significant in its core area of agricultural and rural development, IFAD still accounts for less than 5 percent of total official development assistance in that sector.1 Confronted with the gap between its small size and the large scale of the problem it has been mandated to address, IFAD seeks ways to increase its impact for every dollar it invests in agriculture and rural development on behalf of its member states. One indicator of this intention to scale up is that it has set a goal to reach 90 million rural poor between 2012 and 2015 and lift 80 million out of poverty during that time. These numbers are roughly three times the number of poor IFAD has reached previously during a similar time span. More generally, IFAD has declared that scaling up is “mission critical,” and this scaling-up objective is now firmly embedded in its corporate strategy and planning statements. Also, increasingly, IFAD’s operational practices are geared towards helping its clients achieve scaling up on the ground with the support of its loans and grants.

This was not always the case. For many years, IFAD stressed innovation as the key to success, giving little attention to systematically replicating and building on successful innovations. In this regard, IFAD was not alone. In fact, few aid agencies have systematically pursued the scaling up of successful projects. However, in 2009, IFAD management decided to explore how it could increase its focus on scaling up. It gave a grant to the Brookings Institution to review IFAD’s experience with scaling up and to assess its operational strategies, policies and processes with a view to strengthening its approach to scaling up. Based on an extensive review of IFAD documentation, two country case studies and intensive interactions with IFAD staff and managers, the Brookings team prepared a report that it submitted to IFAD management in June 2010 and published as a Brookings Global Working Paper in early 2011 (Linn et al. 2011).

Download the paper (PDF) »

Downloads

• Download the paper

I attended a fascinating dinner earlier this week with Greek Foreign Minister Nikos Kotzias as part of his whirlwind visit to Washington DC. I shared with the minister some reflections on challenges facing him and the new Greek government at home in Greece and in Europe. When I served in Prague, I often urged the Europeans to take a page from our U.S. approach in 2009-10 and to avoid excessive austerity. I reiterated that view to the minister, and in particular pointed out the need for Germany to do more to help (see, for example, my colleague Ben Bernanke's recent post on the German current account surplus in his Brookings blog.) Paul Krugman hit the nail on the head with his recent column as well. On a personal note, when my father found himself trapped in Poland in 1939 is the Nazis invaded, he made his way to Greece, which gave him shelter until he was able to escape to the United States in 1940. So I was able to thank the Foreign Minister for that as well (somewhat belatedly, but all the more heartfelt for that). I was impressed with the Minister's grasp of the Greek financial crisis and the many other important issues confronting Europe.

The addition of Medicare in 1965 completed a suite of federal programs designed to protect the wealth and health of people reaching older ages in the United States, starting with the Committee on Economic Security of 1934—known today as Social Security. While few would deny Medicare’s important role in improving older and disabled Americans’ financial security and health, many worry about sustaining and strengthening Medicare to finance high-quality, affordable health care for coming generations.

In 1965, average life expectancy for a 65-year-old man and woman was another 13 years and 16 years, respectively. Now, life expectancy for 65-year-olds is 18 years for men and 20 years for women—effectively a four- to five-year increase.

In 2011, the first of 75-million-plus baby boomers became eligible for Medicare. And by 2029, when all of the baby boomers will be 65 or older, the U.S. Census Bureau predicts 20 percent of the U.S. population will be older than 65. Just by virtue of the sheer size of the aging population, Medicare spending growth will accelerate sharply in the coming years.

Event Information

In its 50th year, the Medicare program currently provides health insurance coverage for more than 49 million Americans and accounts for $600 billion in federal spending. With those numbers expected to rise as the baby boomer generation ages, many policy experts consider this impending expansion a major threat to the nation’s economic future and question how it might affect the quality and value of health care for Medicare beneficiaries.

On June 5, the Center for Health Policy at Brookings and the USC Leonard D. Schaeffer Center for Health Policy and Economics hosted a half-day forum on the future of Medicare. Instead of reflecting on historical accomplishments, the event looked ahead to 2030—a time when the youngest Baby Boomers will be Medicare-eligible—and explore the changing demographics, health care needs, medical technology costs, and financial resources available to beneficiaries. The panels focused on modernizing Medicare's infrastructure, benefit design, marketplace competition, and payment mechanisms. The event also included the release of five policy papers from featured panelists.

Please note that presentation slides from USC's Dana Goldman will not be available for download. For more information on findings from his presentation download the working paper available on this page or watch the event video.

Video

• Challenges and opportunities facing Medicare in 2030
• Eligibility, benefit design, and financial support
• Could improving choice and competition in Medicare Advantage be the future of Medicare?
• Improving provider payment in Medicare

Audio

• Strengthening Medicare for 2030

Transcript

• Uncorrected Transcript (.pdf)

Event Materials

• Burtless Slides
• 20150605_medicare_2030_transcript

The 2016 presidential election confronts the U.S. electorate with political choices more fundamental than any since 1964 and possibly since 1932. That statement may strike some as hyperbolic, but the policy differences between the two major parties and the positions of candidates vying for their presidential nominations support this claim.

A victorious Republican candidate would take office backed by a Republican-controlled Congress, possibly with heightened majorities and with the means to deliver on campaign promises. On the other hand, the coattails of a successful Democratic candidate might bring more Democrats to Congress, but that president would almost certainly have to work with a Republican House and, quite possibly, a still Republican Senate. The political wars would continue, but even a president engaged in continuous political trench warfare has the power to get a lot done.

Candidates always promise more than they can deliver and often deliver different policies from those they have promised. Every recent president has been buffeted by external events unanticipated when he took office. But this year, more than in half a century or more, the two parties offer a choice, not an echo. Here is a partial and selective list of key issues to illustrate what is at stake.

The Affordable Care Act, known as Obamacare or the ACA, passed both houses of Congress with not a single Republican vote. The five years since enactment of the ACA have not dampened Republican opposition.

The persistence and strength of opposition to the ACA is quite unlike post-enactment reactions to the Social Security Act of 1935 or the 1965 amendments that created Medicare. Both earlier programs were hotly debated and controversial. But a majority of both parties voted for the Social Security Act. A majority of House Republicans and a sizeable minority of Senate Republicans supported Medicare. In both cases, opponents not only became reconciled to the new laws but eventually participated in improving and extending them. Republican members of Congress overwhelmingly supported, and a Republican president endorsed, adding Disability Insurance to the Social Security Act.  In 2003, a Republican president proposed and fought for the addition of a drug benefit to Medicare.

The current situation bears no resemblance to those two situations. Five years after enactment of Obamacare, in contrast, every major candidate for the Republican presidential nomination has called for its repeal and replacement. So have the Republican Speaker of the House of Representatives and Majority Leader in the Senate.  

Just what 'repeal and replace' might look like under a GOP president remains unclear as ACA critics have not agreed on an alternative. Some plans would do away with some of the elements of Obamacare and scale back others. Some proposals would repeal the mandate that people carry insurance, the bar on 'medical underwriting' (a once-routine practice under which insurers vary premiums based on expected use of medical care), or the requirement that insurers sell plans to all potential customers. Other proposals would retain tax credits to help make insurance affordable but reduce their size, or would end rules specifying what 'adequate' insurance plans must cover.

Repeal is hard to imagine if a Democrat wins the presidency in 2016. Even if repeal legislation could overcome a Senate filibuster, a Democratic president would likely veto it and an override would be improbable. 

But a compromise with horse-trading, once routine, might once again become possible. A Democratic president might agree to Republican-sponsored changes to the ACA, such as dropping the requirement that employers of 50 or more workers offer insurance to their employees, if Republicans agreed to changes in the ACA that supporters seek, such as the extension of tax credits to families now barred from them because one member has access to very costly employer-sponsored insurance.

In sum, the 2016 election will determine the future of the most far-reaching social insurance legislation in half a century.

Social Security faces a projected long-term gap between what it takes in and what it is scheduled to pay out. Every major Republican candidate has called for cutting benefits below those promised under current law. None has suggested any increase in payroll tax rates. Each Democratic candidate has proposed raising both revenues and benefits. Within those broad outlines, the specific proposals differ.

Most Republican candidates would cut benefits across the board or selectively for high earners. For example, Senator Ted Cruz proposes to link benefits to prices rather than wages, a switch that would reduce Social Security benefits relative to current law by steadily larger amounts: an estimated 29 percent by 2065 and 46 percent by 2090. He would allow younger workers to shift payroll taxes to private accounts. Donald Trump has proposed no cuts in Social Security because, he says, proposing cuts is inconsistent with winning elections and because meeting current statutory commitments is 'honoring a deal.' Trump also favors letting people invest part of their payroll taxes in private securities. He has not explained how he would make up the funding gap that would result if current benefits are honored but revenues to support them are reduced. Senator Marco Rubio has endorsed general benefit cuts, but he has also proposed to increase the minimum benefit. Three Republican candidates have proposed ending payroll taxes for older workers, a step that would add to the projected funding gap.

Democratic candidates, in contrast, would raise benefits, across-the-board or for selected groups—care givers or survivors. They would switch the price index used to adjust benefits for inflation to one that is tailored to consumption of the elderly and that analysts believe would raise benefits more rapidly than the index now in use. All would raise the ceiling on earnings subject to the payroll tax. Two would broaden the payroll tax base.

As these examples indicate, the two parties have quite different visions for Social Security. Major changes, such as those envisioned by some Republican candidates, are not easily realized, however. Before he became president, Ronald Reagan in numerous speeches called for restructuring Social Security. Those statements did not stop him from signing a 1983 law that restored financial balance to the very program against which he had inveighed but with few structural changes. George W. Bush sought to partially privatize Social Security, to no avail. Now, however, Social Security faces a funding gap that must eventually be filled. The discipline of Trust Fund financing means that tax increases, benefit cuts, or some combination of the two are inescapable. Action may be delayed beyond the next presidency, as current projections indicate that the Social Security Trust Fund and current revenues can sustain scheduled benefits until the mid 2030s. But that is not what the candidates propose. Voters face a choice, clear and stark, between a Democratic president who would try to maintain or raise benefits and would increase payroll taxes to pay for it, and a Republican president who would seek to cut benefits, oppose tax increases, and might well try to partially privatize Social Security.

On no other issue is the split between the two parties wider or the stakes in their disagreement higher than on measures to deal with global warming. Leading Republican candidates have denied that global warming is occurring (Trump), scorned evidence supporting the existence of global warming as bogus (Cruz), acknowledged that global warming is occurring but not because of human actions (Rubio, Carson), or admitted that it is occurring but dismissed it as not a pressing issue (Fiorina, Christie). Congressional Republicans oppose current Administration initiatives under the Clean Air Act to curb emission of greenhouse gases.

Democratic candidates uniformly agree that global warming is occurring and that it results from human activities. They support measures to lower those emissions by amounts similar to those embraced in the Paris accords of December 2015 as essential to curb the speed and ultimate extent of global warming.

Climate scientists and economists are nearly unanimous that unabated emissions of greenhouse gases pose serious risks of devastating and destabilizing outcomes—that climbing average temperatures could render some parts of the world uninhabitable, that increases in sea levels that will inundate coastal regions inhabited by tens of millions of people, and that storms, droughts, and other climatic events will be more frequent and more destructive. Immediate actions to curb emission of greenhouse gases can reduce these effects. But no actions can entirely avoid them, and delay is costly.  Environmental economists also agree, with little partisan division, that the way to proceed is to harness market forces to reduce greenhouse gas emissions.” 

The division between the parties on global warming is not new. In 2009, the House of Representatives narrowly passed the American Clean Energy and Security Act. That law would have capped and gradually lowered greenhouse gas emissions. Two hundred eleven Democrats but only 8 Republicans voted for the bill. The Senate took no action, and the proposal died.

Now Republicans are opposing the Obama administration’s Clean Power Plan, a set of regulations under the Clean Air Act to lower emissions by power plants, which account for 40 percent of the carbon dioxide released into the atmosphere. The Clean Power Plan is a stop-gap measure. It applies only to power plants, not to other sources of emissions, and it is not nationally uniform. These shortcomings reflect the legislative authority on which the plan is based, the Clean Air Act. That law was designed to curb the local problem of air pollution, not the global damage from greenhouse gases. Environmental economists of both parties recognize that a tax or a cap on greenhouse gas emissions would be more effective and less costly than the current regulations, but superior alternatives are now politically unreachable.

Based on their statements, any of the current leading Republican candidates would back away from the recently negotiated Paris climate agreement, scuttle the Clean Power Plan, and resist any tax on greenhouse gas emissions. Any of the Democratic candidates would adhere to the Clean Power Plan and support the Paris climate agreement. One Democratic candidate has embraced a carbon tax. None has called for the extension of the Clean Power Plan to other emission sources, but such policies are consistent with their current statements.

The importance of global policy to curb greenhouse gas emissions is difficult to exaggerate. While the United States acting alone cannot entirely solve the problem, resolute action by the world’s largest economy and second largest greenhouse gas emitter is essential, in concert with other nations, to forestall climate catastrophe.

If the next president serves two terms, as six of the last nine presidents have done, four currently sitting justices will be over age 86 and one over age 90 by the time that presidency ends—provided that they have not died or resigned.

The political views of the president have always shaped presidential choices regarding judicial appointments. As all carry life-time tenure, these appointments influence events long after the president has left office. The political importance of these appointments has always been enormous, but it is even greater now than in the past. One reason is that the jurisprudence of sitting Supreme Court justices now lines up more closely than in the past with that of the party of the president who appointed them. Republican presidents appointed all sitting justices identified as conservative; Democratic presidents appointed all sitting justices identified as liberal. The influence of the president’s politics extends to other judicial appointments as well.

A second reason is that recent judicial decisions have re-opened decisions once regarded as settled. The decision in the first case dealing with the Affordable Care Act (ACA), NFIB v. Sibelius is illustrative.

When the ACA was enacted, few observers doubted the power of the federal government to require people to carry health insurance. That power was based on a long line of decisions, dating back to the 1930s, under the Constitutional clause authorizing the federal government to regulate interstate commerce. In the 1930s, the Supreme Court rejected an older doctrine that had barred such regulations. The earlier doctrine dated from 1905 when the Court overturned a New York law that prohibited bakers from working more than 10 hours a day or 60 hours a week. The Court found in the 14^th Amendment, which prohibits any state from ‘depriving any person of life, liberty or property, without due process of law,’ a right to contract previously invisible to jurists which it said the New York law violated. In the early- and mid-1930s, the Court used this doctrine to invalidate some New Deal legislation. Then the Court changed course and authorized a vast range of regulations under the Constitution’s Commerce Clause.  It was on this line of cases that supporters of the ACA relied.

Nor did many observers doubt the power of Congress to require states to broaden Medicaid coverage as a condition for remaining in the Medicaid program and receiving federal matching grants to help them pay for required medical services.

To the surprise of most legal scholars, a 5-4 Supreme Court majority ruled in NFIB v. Sibelius that the Commerce Clause did not authorize the individual health insurance mandate. But it decided, also 5 to 4, that tax penalties could be imposed on those who fail to carry insurance. The tax saved the mandate. But the decision also raised questions about federal powers under the Commerce Clause. The Court also ruled that the Constitution barred the federal government from requiring states to expand Medicaid coverage as a condition for remaining in the program. This decision was odd, in that Congress certainly could constitutionally have achieved the same objective by repealing the old Medicaid program and enacting a new Medicaid program with the same rules as those contained in the ACA that states would have been free to join or not.

NFIB v. Sibelius and other cases the Court has recently heard or soon will hear raise questions about what additional attempts to regulate interstate commerce might be ruled unconstitutional and about what limits the Court might impose on Congress’s power to require states to implement legislated rules as a condition of receiving federal financial aid. The Court has also heard, or soon will hear, a series of cases of fundamental importance regarding campaign financing, same-sex marriage, affirmative action, abortion rights, the death penalty, the delegation of powers to federal regulatory agencies, voting rights, and rules under which people can seek redress in the courts for violation of their rights.

Throughout U.S. history, the American people have granted nine appointed judges the power to decide whether the actions taken by elected legislators are or are not consistent with a constitution written more than two centuries ago. As a practical matter, the Court could not maintain this sway if it deviated too far from public opinion. But the boundaries within which the Court has substantially unfettered discretion are wide, and within those limits the Supreme Court can profoundly limit or redirect the scope of legislative authority. The Supreme Court’s switch in the 1930s from doctrines under which much of the New Deal was found to be unconstitutional to other doctrines under which it was constitutional illustrates the Court’s sensitivity to public opinion and the profound influence of its decisions.

The bottom line is that the next president will likely appoint enough Supreme Court justices and other judges to shape the character of the Supreme Court and of lower courts with ramifications both broad and enduring on important aspects of every person’s life.

***

The next president will preside over critical decisions relating to health care policy, Social Security, and environmental policy, and will shape the character of the Supreme Court for the next generation. Profound differences distinguish the two major parties on these and many other issues. A recent survey of members of the House of Representatives found that on a scale of ‘liberal to conservative’ the most conservative Democrat was more liberal than the least conservative Republican. Whatever their source, these divisions are real.  The examples cited here are sufficient to show that the 2016 election richly merits the overworked term 'watershed'—it will be the most consequential presidential election in a very long time.

One cannot help feeling a bit silly taking seriously the policy proposals of a person who seems not to take policy seriously himself. Donald Trump's policy positions have evolved faster over the years than a teenager's moods. He was for a woman's right to choose; now he is against it. He was for a wealth tax to pay off the national debt before proposing a tax plan that would enrich the wealthy and balloon the national debt. He was for universal health care but opposed to any practical way to achieve it.

Based on his previous flexibility, Trump's here-today proposals may well be gone tomorrow. As a sometime-Democrat, sometime-Republican, sometime-independent, who is now the leading candidate for the Republican presidential nomination, Trump has just issued his latest pronouncements on health care policy. So, what the hell, let's give them more respect than he has given his own past policy statements.

Perhaps unsurprisingly, those earlier pronouncements are notable for their detachment from fact and lack of internal logic. The one-time supporter of universal health care now joins other candidates in his newly-embraced party in calling for repeal of the only serious legislative attempt in American history to move toward universal coverage, the Affordable Care Act. Among his stated reasons for repeal, he alleges that the act has "resulted in runaway costs," promoted health care rationing, reduced competition and narrowed choice.

Each of these statements is clearly and demonstrably false. Health care spending per person has grown less rapidly in the six years since the Affordable Care Act was enacted than in any corresponding period in the last four decades. There is now less health care rationing than at any time in living memory, if the term rationing includes denial of care because it is unaffordable. Rationing because of unaffordability is certainly down for the more than 20 million people who are newly insured because of the Affordable Care Act. Hospital re-admissions, a standard indicator of low quality, are down, and the health care exchanges that Trump now says he would abolish, but that resemble the "health marts" he once espoused, have brought more choice to individual shoppers than private employers now offer or ever offered their workers.

Trump's proposed alternative to the Affordable Care Act is even worse than his criticism of it. He would retain the highly popular provision in the act that bars insurance companies from denying people coverage because of preexisting conditions, a practice all too common in the years before the health care law. But he would do away with two other provisions of the Affordable Care Act that are essential to make that reform sustainable: the mandate that people carry insurance and the financial assistance to make that requirement feasible for people of modest means.

Without those last two provisions, barring insurers from using preexisting conditions to jack up premiums or deny coverage would destroy the insurance market. Why? Because without the mandate and the financial aid, people would have powerful financial incentives to wait until they were seriously ill to buy insurance. They could safely do so, confident that some insurer would have to sell them coverage as soon as they became ill. Insurers that set affordable prices would go broke. If insurers set prices high enough to cover costs, few customers could afford them.

In simple terms, Trump's promise to bar insurers from using preexisting conditions to screen customers but simultaneously to scrap the companion provisions that make the bar feasible is either the fraudulent offer of a huckster who takes voters for fools, or clear evidence of stunning ignorance about how insurance works. Take your pick.

Unfortunately, none of the other Republican candidates offers a plan demonstrably superior to Trump's. All begin by calling for repeal and replacement of the Affordable Care Act. But none has yet advanced a well-crafted replacement.

It is not that the Affordable Care Act is perfect legislation. It isn't. But, as the old saying goes, you can't beat something with nothing. And so far as health care reform is concerned, nothing is what the Republican candidates now have on offer.

Editor's note: This piece originally appeared in U.S. News and World Report.

The injustices faced by African Americans are high on the nation’s agenda. “Black Lives Matter” has become a rallying cry that has elicited intense feelings among both supporters and detractors. As William Julius Wilson has pointed out on this blog, the focus on policing and criminal justice is necessary but not sufficient. Concerted action is required to tackle systematic racial gaps in everything from income and wealth to employment rates, poverty rates, and educational achievement.

Ta-Nehisi Coates argues that financial reparations should be paid to all those who have suffered directly or indirectly from slavery and its aftermath, including present day injustices such as the targeting of subprime mortgages to minorities. The moral case is compelling, and Coates notes that there have been other instances in U.S. history when reparations have been paid—such as to some Native American tribes and to the Japanese-Americans thrown into internment camps during World War II.

Even if the moral argument for reparations is won, there are formidable obstacles in terms of policy, politics, and law. How would reparations work in practice? To be fair, Coates does support the bill from Congressman John Conyers establishing a commission to examine precisely these questions. Even if a workable policy can be found, the political opposition would, to put it mildly, be formidable. There are also doubts about constitutional legality. However, these are certainly questions worthy of better answers than the ones currently being made.

Reparations are a stark example of a race-based policy: targeting resources or an intervention at an explicitly-defined racial group. At the other extreme are “race-blind” policies, applied with no regard to race (at least in theory). But there is a middle ground, consisting of what might be labeled ‘race-conscious’ policies. These policies would be designed to close racial gaps without targeting racial groups.

What might race-conscious policies look like? Here are some ideas:

1. Professors William Darity at Duke and Darrick Hamilton of The New School propose to tackle race gaps in wealth by providing “baby bonds” to children born to families with limited wealth. In 2013, median net worth was $11,000 for black households compared to $141,900 for whites. Darity and Hamilton are supporters of reparations in principle, but are alert to policy and political feasibility. Their specific proposal is that every baby born into a family with below-median wealth receives a “baby bond” or trust fund. These would be worth $50,000 to $60,000 on average, but scaled according to the level of the family’s wealth. The money would be available at the age of 18 for certain expenditures such as paying for college or buying a home. This is a good example of a race-conscious policy. It is not explicitly targeted on race but it would have its greatest impact on African American families.
2. While racial wealth gaps are large and troubling, the disappearance of almost half of unskilled, young black men from the labor force may be an even greater problem in the long run. A comprehensive approach on jobs could include raising the minimum wage, expanding the EITC, and providing subsidized jobs in either the public or private sector for those unable to find jobs on their own. The job subsidies might be targeted on young adults from high-poverty neighborhoods where joblessness is endemic. The subsidized jobs would help people of all races, but especially African Americans. A jobs-based program is also likely to find greater political support than straightforward wealth redistribution. Granted, such jobs programs are hard to administer, but we now have a large number of workers whose job prospects are slim to nonexistent in a technologically-oriented and service-based economy.
3. An enhanced EITC could also help to increase wealth (or lower indebtedness). As Kathryn Edin and her colleagues note in It’s Not Like I’m Poor, the EITC is normally received as a lump sum refund at the end of the year. As a form of forced saving, it enables poor families to repay debt and make mobility enhancing investments in themselves or their children. According to Edin, recipients like the fact that, unlike welfare, the tax credit links them socially and psychologically to other Americans who receive tax refunds. A more generous EITC could therefore help on the wealth as well as income side, and narrow racial gaps in both.
4. A final example of a race-conscious policy is the Texas “top 10” law, which guarantees admission to any public university in the state for students in the top 10 percent of their high school class. This plan could be expanded to other states.

The “Black Lives Matter” movement has refocused the nation’s attention on mass incarceration and related injustices in the criminal justice system. But this problem exists side by side with racial inequalities in income, wealth, education, and employment. There are no easy answers to America’s stubborn race gaps. But jobs and wages seem to us to be of paramount importance. Implemented in a race-conscious way (by targeting them to areas suffering from high rates of poverty and joblessness), employment policy might be the most powerful instrument of all for race equality.

Event Information

Technology unimaginable at the time of the nation’s founding now poses stark challenges to America’s core constitutional principles. Policymakers and legal scholars are closely examining how constitutional law is tested by technological change and how to preserve constitutional principles without hindering progress. In Constitution 3.0: Freedom and Technological Change (Brookings Institution Press, 2011), Governance Studies Senior Fellow Benjamin Wittes and Nonresident Senior Fellow Jeffrey Rosen asked a diverse group of leading scholars to imagine how technological developments plausible by the year 2025 could stress current constitutional law. The resulting essays explore scenarios involving information technology, genetic engineering, security, privacy and beyond.

On December 13, the Governance Studies program at Brookings hosted a Judicial Issues Forum examining the scenarios posed in Constitution 3.0 and the challenge of adapting our constitutional values to the technology of the near future. Wittes and Rosen offered key highlights and insights from the book and was joined by two key contributors, O. Carter Snead and Timothy Wu, who discussed their essays.

After the program, panelists took audience questions.

Video

• Constitution 3.0: Freedom, Technological Change and the Law

Audio

• Constitution 3.0: Freedom, Technological Change and the Law

Transcript

• Uncorrected Transcript (.pdf)

Event Materials

• 20111213_constitution_technology

Downloads

• Table of Contents
• Sample Chapter

• {CD2E3D28-0096-4D03-B2DE-6567EB62AD1E}, 978-0-8157-2212-0, $29.95 Add to Cart
• {9ABF977A-E4A6-41C8-B030-0FD655E07DBF}, 9780815724506, $22.95 Add to Cart

In advance of President Obama’s historic trip to Cuba and Argentina, three Brookings scholars participated in a media roundtable to offer context and outline their expectations for the outcomes of the trip. Richard Feinberg and Ted Piccone discussed Cuba–including developments in the U.S.-Cuba relationship, the Cuban economy, and human rights on the island–and Harold Trinkunas offered insight on Argentina, inter-American relations, and the timing of the visit.

Read the transcript (PDF) »

Richard Feinberg:

The idea is to promote a gradual incremental transition to a more open, pluralistic and prosperous Cuba integrated into global markets of goods, capital, and ideas. It is a long-term strategy. It cannot be measured by quarterly reports.

Ted Piccone:

...the key [is] to unlock a whole set of future changes that I think will be net positive for the United States, but it is going to take time, and it is not going to happen overnight.

Harold Trinkunas:

Cuba is really about moving, among other things, a stumbling block to better relations with Latin America, and Argentina is about restoring a positive relationship with a key swing state in the region that was once one of our most important allies in the region.

Downloads

• Download the transcript

For many years, Africans have complained that the International Criminal Court (ICC) has concentrated its efforts exclusively in Africa, a process that has made a mockery of the court’s claims to bring about an end to global impunity. Some Africans have even argued that the ICC’s claims that it is helping bring about justice in Africa are not unlike those made by proponents of the colonial order established by the Berlin Conference in 1884-1885.

On Tuesday, March 11, I participated in a panel discussion entitled, “The International Criminal Court in Africa: Bias, Legitimate Objections, or Excuses for Impunity?” co-hosted by New York University’s School of Continuing and Professional Studies (SCPS), Center for Global Affairs and the International Center for Transitional Justice (ICTJ).  The program brought together experts interested in justice and peaceful coexistence in Africa to examine the role that the International Criminal Court (ICC) can play in minimizing impunity in the continent.

I was joined by Ambassador Tiina Intelmann, president of the Assembly of States Parties of the International Criminal Court; Richard Dicker, director of the International Justice Program at Human Rights Watch; and Jennifer Trahan, clinical associate professor at the New York University’s School of Continuing and Professional Studies (SCPS), Center for Global Affairs.  David Tolbert, president of the International Center for Transitional Justice, moderated the discussion.

The most important conclusions from what was a robust dialogue were that (i) it is very important that African countries develop the legal and institutional capacity to deal effectively and fully with impunity and other extra-legal activities that impede human development and peaceful coexistence; (ii) the international community should help African countries develop that capacity; (iii) the ICC should make a concerted effort to open dialogue with the African Union in particular and Africans generally in order for the court to gain a better insight into African problems, while, at the same time, help Africans understand and appreciate the nature of the ICC’s work, how it functions, and why it is a critical international body in the fight against impunity; and (iv) the ICC needs to improve openness and transparency in its activities. To make the ICC a truly international court, important countries such as the United States, India, the People’s Republic of China and the Russian Federation need to be brought aboard. Obviously, more dialogue is needed and it is my hope that soon, we will be able to undertake a discussion of this type somewhere in Africa.

During my presentation, I argued that an important part of improving relations between Africa and the ICC is that Africans must take ownership of their problems and find ways to resolve them themselves. For one thing, justice is most effectively delivered locally. Hence, the first line of business is for each African country to develop the legal and institutional capacity to deal with impunity and other governance problems. External actors, notably the ICC, should only be considered conflict-resolution instruments of last resort.

Downloads

• AFRICA VERSUS ICC NYU SCPS