ABSTRACT

The overall economic efficiency of a quantity-based approach to greenhouse gas mitigation depends strongly on the extent to which such a program provides opportunities for compliance flexibility, particularly with regard to the timing of emissions abatement. Here I consider a program in which annual targets are determined by choosing the optimal time path of reductions consistent with an exogenously prescribed cumulative reduction target and fixed technology set. I then show that if the availability of low-carbon technology is initially more constrained than anticipated, the optimal reduction path shifts abatement toward later compliance periods. For this reason, a rigid policy in which fixed annual targets are strictly enforced in every year yields a cumulative environmental outcome identical to the optimal policy but an economic outcome worse than the optimal policy. On the other hand, a policy that aligns actual prices (or equivalently, costs) with expected prices by simply imposing an explicit price ceiling (often referred to as a "safety valve") yields the opposite result. Comparison among these multiple scenarios implies that there are significant gains to realizing the optimal path but that further refinement of the actual regulatory instrument will be necessary to achieve that goal in a real cap-and-trade system.

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Over the last couple of years, a number of crucial political and policy-related developments have unfolded in India, as well as in U.S.-India relations. These developments have emerged as the next generation of Indian politicians, born after the country’s independence, is coming to the fore—including in parliament.

On October 7, The India Project at Brookings hosted a delegation of Indian parliamentarians to discuss the current state of Indian policy and politics. The panel featuring MPs from different political parties and states in India explored the state of the Indian economy and foreign policy, federalism, the role of regional parties, coalition politics, the role of the media and technology, and U.S.-India relations.

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The past year has been one of intense engagement in U.S -India relations with several high-level visits exchanged and working-level dialogues held between the two countries. Most recently, President Barack Obama and Prime Minister Narendra Modi met at the Paris climate change summit and Indian Defence Minister Manohar Parrikar will visit the United States to discuss the bilateral defense relationship.

On December 11, The India Project at Brookings hosted a conversation with U.S. Ambassador to India Richard Verma to reflect on developments in U.S.-India relations in 2015. He also discussed the recent high-level engagements on defense policy and climate change, as well as the road ahead for the bilateral relationship. Tanvi Madan, director of the India Project and fellow in Foreign Policy at Brookings moderated the discussion. Bruce Jones, vice president and director of Foreign Policy at Brookings provided introductory remarks.

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In this paper, we outline the manner in which design can help promote the Indian economy. We look at the status of design in India, review the country’s development challenges, discuss the opportunities of a design economy, and make recommendations to enhance design in India.

Highlights of Main Findings

• India’s design capacity in the number of patents granted is approximately 3 percent of China and less than 2 percent of the U.S.A.
• India’s industrial design capacity is approximately 1 percent of China and 6 percent of the U.S.A.
• Historically, non-resident entities have been granted the most number of patents within India.
• Since 2012, more patents have been granted to Indian entities abroad than the number of patents granted by the Indian government to either resident or non-residents entities within India.
• While in India and the U.S.A. the most number of patents are annually granted to non-resident entities, in China the most number of patents have been granted to resident Chinese entities since 2008.
• Among the broad economic factors that affect design economy in India, the role of higher education, FDI, digital connectivity, infrastructure and trade have been identified as the most important.

Some specific policy recommendations to boost design economy in India are:

• Curricular reform for research and development in higher education
• Workforce development for R&D sector
• Establishing design labs and special economic zones to focus on R&D
• Developing and enforcing domestic legislation for intellectual property protection<.li>
• Promoting greater collaboration between business, government, and academia

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On his fourth trip to the U.S. as Indian Prime Minister, Narendra Modi will spend some quality time on Capitol Hill on Wednesday, where he'll address a joint meeting of the U.S. Congress. House Speaker Paul Ryan will also host the Indian premier for a lunch, which will be followed by a reception hosted jointly by the House and Senate Foreign Relations Committees and the India Caucus. What's the significance of this Congressional engagement and what might be Modi's message? 

Given that all the most-recent Indian leaders who've held five-year terms have addressed such joint meetings of Congress, some have asked whether Ryan's invitation to Modi is a big deal. The answer is, yes, it is an honour and not one extended all that often. Since 1934, there have been only 117 such speeches. Leaders from France, Israel and the United Kingdom have addressed joint meetings the most times (8 each), followed by Mexico (7), and Ireland, Italy and South Korea (6 each). With this speech, India will join Germany on the list with leaders having addressed 5 joint meetings of Congress: Rajiv Gandhi in 1985, P.V. Narashima Rao in 1994, Atal Bihari Vajpayee in 2000 and Manmohan Singh in 2005. India's first premier, Jawaharlal Nehru, spoke to the House and Senate in separate back-to-back sessions in 1949 as well. 

Congress is a key stakeholder in the U.S.-India relationship and can play a significant supportive or spoiler role. While American presidents have a lot more lee-way on foreign policy than domestic policy, Congress is not without influence on U.S. foreign relations, and shapes the context for American engagement abroad. Moreover, the breadth and depth of the U.S.-India relationship, as well as the blurring of the line between what constitutes domestic and foreign policy these days means that India's options can be affected by American legislative decisions or the political mood on a range of issues from trade to immigration, energy to defense. 

The Indian Foreign Secretary recently said that the U.S. legislature was at "very much at the heart" of the relationship today. He noted it has been "very supportive" and "even in some more difficult days where actually the Congress has been the part of the US polity which has been very sympathetic to India." But India's had rocky experiences on the Hill as well--which only heightens the need to engage members of Congress at the highest levels. 

The speech and the other interactions offer Modi an opportunity to acknowledge the role of Congress in building bilateral relations, highlight shared interests and values, outline his vision for India and the relationship, as well as tackle some Congressional concerns and note some of India's own. He'll be speaking to multiple audiences in Congress, with members there either because of the strategic imperative for the relationship, others because of the economic potential, yet others because of the values imperative--and then there are those who'll be there because it is important to their constituents, whether business or the Indian diaspora. There is also the audience outside Congress, including in India, where the speech will play in primetime. What will Modi's message be? A glimpse at previous speeches might offer some clues, though Modi is likely also to want to emphasize change. 

The speeches that came before

The speeches of previous prime ministers have addressed some common themes. They've acknowledged shared democratic values. They've mentioned the two-way flow of inspiration and ideas with individuals like Henry David Thoreau, Mahatma Gandhi, Martin Luther King getting multiple mentions. They've noted the influence of American founding documents or fathers on the Indian constitution. They've highlighted India's achievements, while stressing that much remains to be done. 

They've noted their country's diversity, and the almost-unique task Indian leaders have had--to achieve development for hundreds of millions in a democratic context. Since Gandhi, each has mentioned the Indian diaspora, noting its contributions to the U.S. Each prime minister has also expressed gratitude for American support or the contribution the U.S. partnership has made to India's development and security. They've acknowledged differences, without dwelling on them. They've addressed contemporary Congressional concerns that existed about Indian policy--in some cases offering a defense of them, in others' explaining the reason behind the policy.

Many of the premiers called for Congress to understand that India, while a democracy like the U.S. and sharing many common interests, would not necessarily achieve its objectives the same way as the U.S. And each subtly has asked for time and space, accommodation and support to achieve their goals--and argued it's in American interests to see a strong, stable, prosperous, democratic India.

In terms of subjects, each previous speech has mentioned economic growth and development as a key government priority, highlighting what policymakers were doing to achieve them. Since Gandhi, all have mentioned nuclear weapons though with different emphases: he spoke of disarmament; Rao of de-nuclearization and concerns about proliferation; two years after India's nuclear test, Vajpayee noted India's voluntary moratorium on testing and tried to reassure Congress about Indian intentions; and speaking in the context of the U.S.-India civil nuclear talks, Singh noted the importance of civil nuclear energy and defended India's track record on nuclear non-proliferation.

Since Rao, every prime minister has mentioned the challenge that terrorism posed for both the U.S. and India, with Vajpayee and Singh implicitly noting the challenge that a neighboring country poses in this regard from India's perspective. And Rao and Singh made the case for India to get a permanent seat on the U. N. Security Council.

The style of the speeches has changed, as has the tone. Earlier speeches were littered with quotes from sources like Christopher Columbus, Swami Vivekananda, Abraham Lincoln, Lala Lajpat Rai and the Rig Veda. Perhaps that was reflective of the style of speechwriting in those eras, but perhaps it was also because there were fewer concrete issues in the bilateral relationship to address. The evolution in the areas of cooperation is evident in the speeches. 

Rao's speech about two decades ago, for instance, listed U.S.-India common interests as peacekeeping, environmental crises, and combating international terrorism and international narcotics trafficking. Compare that to Singh's address which talked of cooperation on a range of issues from counterterrorism, the economy, agriculture, energy security, healthy policy, humanitarian assistance and disaster relief (HADR), democracy promotion, and global governance.

The speech yet to come

Modi will likely strike some similar themes, acknowledging the role that the U.S. Congress has played in shaping the relationship and expressing gratitude for its support. Like Vajpayee, particularly in a U.S. election year, Modi might note the bipartisan support the relationship has enjoyed in recent years. He'll undoubtedly talk about shared democratic values in America's "temple of democracy"--a phrase he used for the Indian parliament when he first entered it after his 2014 election victory. Modi will not necessarily mention the concerns about human rights, trade and investment policies, non-proliferation or India's Iran policy that have arisen on the Hill, but he will likely address them indirectly. 

For example, by emphasizing India's pluralism and diversity and the protection its Constitution gives to minorities, or the constructive role the country could play regionally (he might give examples such as the recently inaugurated dam in Afghanistan). Given the issues on the bilateral agenda, he'll likely mention the strategic convergence, his economic policy plans, terrorism, India's non-proliferation record, defense and security cooperation, and perhaps--like Vajpayee--the Asia-Pacific (without directly mentioning China). And like Vajpayee, he might be more upfront about Indian concerns and the need to accommodate them. 

While he might strike some similar themes as his predecessors and highlight aspects of continuity, Modi will also want to emphasize that it's not business as usual. He'll likely try to outline the change that he has brought and wants to bring. In the past, he has noted the generational shift that he himself represents as the first Indian prime minister born after independence and the Modi government's latest tag line is, of course, "Transforming India." And he might emphasize that this changed India represents an opportunity for the U.S.

He won't wade directly into American election issues, but might note the importance of U.S. global engagement. He might also try to address some of the angst in the U.S. about other countries taking advantage of it and being "takers." He could do this by making the case that India is not a free rider--that through its businesses, market, talent and diaspora it is contributing to American economy and society, through its economic development it will contribute to global growth, and through Indian prosperity, security and a more proactive international role--with a different approach than another Asian country has taken--it'll contribute to regional stability and order. He might also suggest ways that the U.S. can facilitate India playing such a role.

Unlike previous leaders, he has not tended to appeal to others not to ask India to do more regionally and globally because it's just a developing country and needs to focus internally. The Modi government has been highlighting the contributions of India and Indians to global and regional peace and prosperity--through peacekeeping, the millions that fought in the World Wars, HADR operations in its neighborhood, evacuation operations in Yemen in which it rescued not just Indian citizens, but Americans as well.

His government has been more vocal in joint contexts of expressing its views on the importance of a rules-based order in the Asia-Pacific and Indian Ocean regions--and we might hear more on this in his address. Overall, a theme will likely be that India is not just a "taker," and will be a responsible, collaborative stakeholder.

It'll be interesting to see whether the Indian prime minister notes the role that his predecessors have played in getting the relationship to this point. With some exceptions--for example, he acknowledged Manmohan Singh's contribution during President Obama's visit to India last year--he has not tended to do so. But there's a case to be made for doing so--it can reassure members of Congress that the relationship transcends one person or party and is based on a strategic rationale, thus making it more sustainable. Such an acknowledgement could be in the context of noting that it's not just Delhi and Washington that have built and are building this relationship, but the two countries' states, private sectors, educational institutions and people. 

This wouldn't prevent Modi from highlighting the heightened intensity of the last two years, particularly the progress in defense and security cooperation. (From a more political perspective, given that there has been criticism in some quarters of India-U.S. relations becoming closer, it can also serve as a reminder that the Congress party-led government followed a similar path).

Modi will be competing for media attention in the U.S. thanks to the focus in the U.S. on the Democratic primaries this week, but he'll have Congressional attention. But it's worth remembering that Indian prime ministers have been feted before, but if they don't deliver on the promise of India and India-U.S. relations that they often outline, disillusionment sets in. Modi will have to convince them that India is a strategic bet worth making--one that will pay off.

This piece was originally published by Huffington Post India.

       

       

       

       

       

       

       

       

       

       

       

       

       

       

It's almost that time: the once-a-decade-moment when the U.S. Census Bureau tries to determine the population.

Counting more than 300 million residents is a complex and costly operation (an estimated $14 billion), but the results yield the basis for how we apportion Congress, distribute more than $400 billion in federal funds and understand basic changes to the number and geographic distribution of U.S. residents.

The largest challenge that the Census Bureau faces is ensuring everyone is counted, regardless of where they live, who they live with and perhaps most controversially, regardless of whether they are authorized to live in the United States.

Most households will receive a census form by mail in mid-March to be filled out as of Census Day, April 1. First results of state counts for redistricting purposes must be delivered by December 31. The rest of the results will be released over a period of time that ends in 2013.

Filling out a census form is mandatory by law. The 2010 Census will have 10 basic questions for each household member, but it is viewed as a burdensome task by some, because they see the questions as too personal or the process too intrusive. Others distrust what the government will do with the information or fear that it may be used against them. Some are hampered by language barriers. Still others have more than one residence.

Every decade, the Census Bureau works hard to make sure everyone is counted once and only once. And it makes an extra effort to count those who have traditionally been hard to count: racial and ethnic minorities, immigrants and the poor.

This coming census -- the largest count of the U.S. population with more immigrants and minorities than ever -- will be complicated further by the economic downturn and foreclosure crisis because many people are "doubling up" or otherwise living in temporary quarters.

The Census questionnaire asks for a count of all people who live and sleep in the household "most of the time," as of April 1, but not those who are living away at college or in the military or those who are living in a nursing home or who are in a jail, prison or detention facility. (They are counted separately from households.)

"Home" may have changed recently for those whose hardship leaves them little choice but to live with relatives or friends, however temporary that may be. "Home" for displaced residents of the Gulf Coast may be miles away from where they lived before the devastation that Hurricanes Katrina and Rita wrought in their communities.

"Home" for some immigrants is in U.S. communities even though they are not legally residing in the United States. And "home" may be in a prison or detention center in a state far away from the inmate's hometown residence.

These are the very residents that the Census will try hardest to enumerate this spring. Abutting the challenges of where to call home are the public debates surrounding them:

• Civil rights leaders, recognizing the unique context of the Gulf Coast region, are working hard to ensure an accurate local census. At the same time, other regional leaders would like to see displaced Gulf Coast residents counted where they lived before the storms.
  
  
• A coalition of African-American leaders is lobbying for inmates to be counted in their place of residence before imprisonment.
  
  
• A tug-of-war has ensued between Latino leaders on one side who are working to get an accurate count of the population regardless of legal status, and those on the other side who are advocating a census boycott by immigrants as a way to put pressure on Congress to move forward with federal immigration reform.
  
  
• A recent amendment introduced in the Senate would have delayed the implementation and hiked up the cost of the Census, had it passed. In an attempt to exclude the unauthorized population from the official count for congressional apportionment purposes, it would have required questions on citizenship and immigration status for each respondent. That data is not collected to encourage participation in the census. The senators missed the deadline by two years to make a change of that order of magnitude.

Given the demands and challenges, it is vital that we bear in mind the importance of achieving an accurate count and the economic, political and policy implications if we fail.

• Understanding our changing population: State and local data on age, race and ethnicity, household size and composition help communities with projections for school enrollment, housing, transportation and health care. Businesses use Census data for decisions about where to locate and for marketing purposes. Information from the census is used to prepare for emergency services, research changes and advocate for various causes.
  
  
• Distributing federal dollars geographically: More than $400 billion a year is at stake, federal funds that go to states and localities to build schools, hospitals, highways and fund programs such as Medicaid.
  
  
• Apportioning Congress: The redistricting and apportionment of Congressional seats is contingent on census results. This is the primary purpose of the Census as written into the U.S. Constitution. States and localities also use the data to redistrict; therefore it is in every state's interest to be accurately represented based on their residents.

One debate that has been resolved: Census 2010 will not use statistical sampling, as many Republican leaders have feared. Sampling has been proposed as one way to mitigate the undercount of minority populations, the majority of whom are assumed to vote Democratic. The U.S. Bureau of the Census does use sampling in its annual American Community Survey that collects more detailed data, including social, economic, and demographic characteristics.

The political and equity arguments will continue to surface as we head into Census 2010. Public officials, advocacy groups, and community organizations will need to work together with census officials to get the most out of what will be a difficult enumeration, but one that sets the stage for the next decade.

      

Now that the 2010 Census is concluded, states will begin the process of reapportionment—re-drawing voting district lines to account for population shifts. Nonresident Senior Fellow Michael McDonald says redistricting has been fraught with controversy and corruption since the nation’s early days, when the first “gerrymandered” district was drawn. Two states—Arizona and California—have instituted redistricting commissions intended to insulate the process from political shenanigans, but politicians everywhere will continue to work the system to gain electoral advantage and the best chance of re-election for themselves and their parties.

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Thomas Mann joins Sean O’Brien and Nate Persily on the Diane Rehm Show to examine what the U.S. Constitution says about drawing congressional and legislative districts and how court decisions have further shaped those guidelines.

DIANE REHM: Thanks for joining, us I'm Diane Rehm. The framers of the U.S. Constitution did not use the word district when they outlined how Congressional representatives would be chosen. Article 1, Section 2 of the document states only how to choose the number of lawmakers. Today, the redistricting process has become at times contentious and blatantly partisan. As part of our "Constitution Today" series, we look at what the document says about the process of redistricting and how court cases have furthered shaped those guidelines.

Joining me here in the studio are Sean O'Brien of the Center for the Constitution at James Madison's Montpelier, Thomas Mann of the Brookings Institution and joining us from Columbia Law School where he is The Beekman Professor of Law and Political Science, is Nate Persily. Throughout the hour, we'll welcome your calls, questions, 800-433-8850. Send us your e-mail to drshow@wamu.org. Good morning, gentlemen. Thank you for joining me.

SEAN O'BRIEN: Good morning.

THOMAS MANN: Good morning.

NATE PERSILY: Good morning.

REHM: Sean O'Brien, let me start with you. What does the constitution actually say about legislative districts and I'm glad that you have a copy of the constitution right in front of you, good. Nate Persily has his as well.

O'BRIEN: As you indicated in the opening it's very, very vague, as are many things in the constitution, and we have to figure out how to implement what this constitution says. Really what they did initially was set up the initial representation and came up with the number of representatives that each state would have before they knew how many people lived there and set up a minimum number of representatives that each state could have and the maximum size, which they could be.

And so they basically -- it just says here the actual enumeration shall be made within three years after the first meeting of the Congress of the United States and within every subsequent term of 10 years, in a manner as they shall by law direct. The number of representatives shall not exceed one for every 30,000, but each state shall have at least one representative. And until such enumeration shall be made and then they lay out which states get how many members of Congress in the first Congress.

And that gets into an interesting story that Tom and I were talking about out in the lobby, but again, it's pretty open and that's why we have a lot of opportunities to continue to talk about this issue right now.

REHM: All right. And turning to you, Nate Persily, when did the word district first come into play?

PERSILY: Well, for hundreds of years now, we've had districts, but as Sean said, there's no constitutional requirement that we have it. We have since the Supreme Court decisions in the 1960s abided by a rule of population equality for congressional and other districts and are drawn but Congress then has passed statutes, various apportionment statutes over time that have required single member districts and the one that currently exists today is about 90 years old.

REHM: Ninety years old? Tom Mann.

MANN: It's important to remember the other provision of the constitution that is relevant here is Article 1, Section 4, the times, places and manner of holding elections for senators and representatives shall be prescribed in each state by the legislature thereof. So it was the states that were given the authority to decide how those representatives would be elected. They could have set up a proportional representation system, everyone running at large statewide in which case redistricting would never have arisen as a problem.

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Following each decennial Census, states re-draw the boundaries of their voting districts, often to the benefit of one party over another. Some states which have lost population lose seats in the House of Representatives and some growing states gain. This highly-charged political process is taking place against a backdrop of fierce partisanship at the national and local levels at a time when sophisticated redistricting technology is widely available and when the decisions made by state governments will reverberate in the coming elections.

On April 20, Thomas Mann answered your questions on the status of the redistricting process, and efforts for reform around the nation, in a live web chat moderated by David Mark, senior editor at POLITICO.

The transcript of this chat follows:

12:31 David Mark: Welcome to the chat. I'll open the discussion by asking about Texas, which will get four new House seats through reapportionment. Will Republicans realistically be able to add four new seats or will gains be limited by Voting Rights Act regulations?

12:33 Tom Mann: This is a case in which complete partisan control of the redistricting process is no guarantee that the majority party will reap the benefits of additional seats in the state delegation. Over a majority of the population gains in Texas have come from Hispanics and many of them are concentrated in urban areas. They will almost certainly garner at least two of the four new seats and the odds are that Democrats will win those seats.

12:36 David Mark: California for the first time will draw districts based on recommendations by a non-partisan citizens panel. Will this put incumbents in danger and how else might it affect the redistricting process?

12:40 Tom Mann: California has specialized in eliminating competitive House districts through the redistricting process. No other state comes close to them. The new commission is almost certain to put some incumbents in both parties in more competitive districts. However, it is not clear that one party will gain. The current lineup of seats by party pretty much reflects their statewide strength.

12:40 [Comment From Dan: ] Who’s got the edge in the redistricting process across the country – Democrats or Republicans, and why?

12:45 Tom Mann: Republicans have a clear advantage because of their success in the 2010 midterm elections, in which they took control of many governorships and state legislatures. They control the process in 17 states with roughly 200 seats while the Democrats are in charge in only 7 states with 49 seats. But there are other factors limiting Republican gains, including the fact that they now have many seats in districts won by Obama in 2008 (60). Republicans will likely put a higher priority on shoring up some of their vulnerable incumbents than in drawing new Republican districts.

12:45 [Comment From Sally: ] Is it all 50 states that will see new congressional district boundaries? I have heard only about Texas and Ohio. Is that where the big fights are?

12:46 [Comment From Stephanie: ] We’ve limited the House to 435 members for many years now, but there was a time when the size of the House changed with the Census. What’s the history on that? Why did they decide to cap it, and should it stay capped?

12:47 Tom Mann: States with only a single House district have no congressional boundaries to redraw. All of the others have to redistrict to account for seat gains/losses and/or population shifts within states. Major battles are shaping up in Florida, Pennsylvania, Michigan, Illinois, Georgia and North Carolina as well.

12:48 [Comment From John: ] It looks like the south and the west will gain seats, while the industrial northeast and the farm heartland will lose. Who makes the ultimate decision on which states will win or lose a seat? Is that process complete?

12:50 Tom Mann: That Apportionment process is complete. It is determined by a congressionally-approved formula applied to new census data. Ten states, mostly in the industrial north/midwest, will lose 12 seats. Eight states, including 4 in Texas and 2 in Florida, will gain a total of 12 seats.

12:50 [Comment From Rebecca: ] You’ve written about how political this process is, and some call redistricting the “incumbent protection” process. Is that good or bad?

12:56 Tom Mann: Redistricting in most states in done through the normal legislative process. (A few states use a bipartisan or independent redistricting commission.) Political self-interest -- protecting the interests of incumbents and/or the dominant party -- drives the process and is constrained only by requirements for equal population, protection of minority interests, and some other criteria specified by individual states. I believe this self-interest should not automatically prevail over broader public interest in competitive elections, accountable elected officials, and communties of interest.

12:56 [Comment From Don: ] How can we best reform the redistricting process and remove the partisanship that seems to dominate it?

1:02 Tom Mann: There are a variety of approaches. One is to alter the basic electoral system by moving from single-members districts to some form of proportional representation. Another is to lodge redistricting authority with independent, nonpartisan or bipartisan commissions. Arizona and now California are two examples of this. Yet another is to build into state (or federal) law requirements for competitive elections and partisan fairness. Finally, a new effort underway this cycle is to rely on transparency and public participation to create alternative maps and use them to bring pressure to bear on those with formal redistricting authority. I've been involved in a collaborative effort to develop open-source mapping software to do just that. It is being picked up by individuals and groups around the country. You can get information at publicmapping.org.

1:02 [Comment From Joe: ] How can ordinary citizens get involved? The whole redistricting system seems rigged to me.

1:02 Tom Mann: My last answer is directly responsive to your question.
Wednesday April 20, 2011 1:02 Tom Mann

1:03 [Comment From Tom: ] I saw Rep. Dennis Kuchinich on the Daily Show with Jon Stewart, and he said his district was going to disappear entirely. Does that really happen?

1:05 Tom Mann: Ohio will lose two seats. That means two current incumbents will be out of a job in Ohio, 12 nationally, just because of reapportionment. Kuchinich may well survive this process but it will be driven by Republicans, since they control the process.

1:05 David Mark: Thanks for joining us today.

       

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The drawing of legislative district boundaries is arguably among the most self-interested and least transparent systems in American democracy. Every ten years redistricting authorities, usually state legislatures, redraw congressional and legislative lines in accordance with Census reapportionment and population shifts within states. Most state redistricting authorities are in the midst of their redistricting process, while others have already finished redrawing their state and congressional boundaries. A number of initiatives—from public mapping competitions to independent shadow commissions—have been launched to open up the process to the public during this round of redrawing district lines.

On July 18, Brookings hosted a panel of experts to review the results coming in from the states and discuss how the rest of the process is likely to unfold. Panelists focused on evidence of partisan or bipartisan gerrymandering, the outcome of transparency and public mapping initiatives, and minority redistricting.

After the panel discussion, participants took audience questions.

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Editor's Note: For full disclosure, Tom Mann (joined by Norm Ornstein) filed an amicus curiae brief in Arizona State Legislature v. Arizona Independent Redistricting Commission.

James Madison would be pleased. The 5-4 decision announced today by the Supreme Court upholding Arizona’s use of the initiative to establish an independent redistricting commission is a model of constitutional reasoning and statutory interpretation. It underscores the essential connection between republican government and popular sovereignty, in which the people have the ultimate authority over who shall represent them in public office. The majority opinion quotes Madison to powerful effect: “The genius of republican liberty seems to demand . . . not only that all power should be derived from the people, but those entrusted with it should be kept in dependence on the people.”

Madison worried about the dangers of the manipulation of electoral rules to serve the immediate interests of political actors. He was himself the target of a gerrymander designed (unsuccessfully) to deny him a seat in the first Congress. The Elections Clause of the Constitution, by granting Congress the power to override state actions setting the time, place and manner of elections, was designed partly as a safety valve to contain the abuse of power by those in a position to determine which voters will hold them accountable.

Today’s intensely polarized politics drive major partisan campaigns to seize control of the redistricting authority in the states and to wield that power to boost prospects for majority standing in the House. Partisan gerrymandering is not the major source of our dysfunctional politics but it surely reinforces and exacerbates the tribal wars between the parties. A number of states have used the initiative device provided in their constitutions to establish independent commissions to replace or supplement the regular state legislative process in redrawing congressional and/or state legislative district boundaries. Such commissions are no panacea for partisan gerrymandering. Their composition and rules vary in ways that can shape the outcome. But the evidence suggests they can mitigate the conflicts of interest that are a part of the regular process and produce more timely plans less subject to judicial preemption.

The Court has upheld the right of those states to legislate electoral rules through a popular vote. Had the minority position prevailed, state laws governing many aspects of the electoral process would have been subject to constitutional challenge. And an important safety value available to the people of the states for responding to abuses of power by those in public office has been preserved.

This should not be read more broadly as a triumph of direct democracy over representative government. Many scholars who provided expert opinion supporting the majority opinion retain serious concerns about the overuse and misuse of initiatives and referendums. Instead, the decision strengthens the legitimacy of representative democracy by reinforcing the essential link between republican government and popular sovereignty.

       

With parliamentary elections now complete, Egypt moves to the next major step in its fitful political transition -- drafting a new constitution for the republic. As the fundamental document establishing a framework for governance, the new Egyptian constitution will have a lasting effect on Egyptian law, politics, and society.  However, Egypt’s transition is shaping up to be a case study in how not to initiate a constitution-writing process.

At a time when the shortcomings of a mismanaged transition threaten to undermine the constitution-writing process, author Tamir Moustafa identifies the most important issues to be tackled by the country’s Constituent Assembly. Focusing on questions that range from the place of Islamic law to women’s rights to the role of the military, he offers recommendations on how each area should be addressed.

The paper – the first to be published under the new Brookings Doha Center-Stanford Project on Arab Transitions – concludes that while constitution writing must be treated as an organic process, the international community should work to ensure that Egypt’s military does not entrench a role for itself in domestic governance.

Downloads

• Download the Paper - English
• Download the Paper - Arabic

       

After decades of abuse under the old regime, how can the civilian government of President Mohamed Morsi turn Egypt’s security apparatus into one befitting a new democracy? What are the necessary steps in overcoming institutional barriers to reform and creating an Egyptian police force in the service of its citizens?

In a new "Project on Arab Transitions" paper from the Brookings Doha Center and Stanford University’s Center on Democracy, Development, and the Rule of Law (CDDRL), From Good Cop to Bad Cop: The Challenge of Security Sector Reform in Egypt, nonresident fellow Omar Ashour discusses the political dynamics of transforming Egypt’s security establishment.

Based on months of interviews with current and former officers and generals in the police, army, and intelligence services, Ashour lays out the workings of the Mubarak regime’s repressive security apparatus and assesses current reform initiatives, drawing on lessons from other transitions in the Arab world and beyond. He offers a set of policy proposals for establishing an accountable, civilian-led security sector, ranging from a presidential commission on reform to new oversight mechanisms. Ashour cites the brutality and abuse of Egypt’s police as a key catalyst of the January 25 Revolution; the success of that revolution, he says, will hinge on effective security sector reform.

Download » (English PDF)
Download » (Arabic PDF)

Downloads

• English PDF
• Arabic PDF

       

Presumptive Republican presidential nominee Donald Trump’s idea to withdraw American forces from Asia—letting allies like Japan and South Korea fend for themselves, including possibly by acquiring nuclear weapons—is fundamentally unsound, as I’ve written in a Wall Street Journal op-ed.

Among the many dangers of preemptively pulling American forces out of Japan and South Korea, including an increased risk of war between Japan and China and a serious blow to the Nuclear Non-Proliferation Treaty, such a move would heighten the threat of war between China and Taiwan. The possibility that the United States would dismantle its Asia security framework could unsettle Taiwan enough that it would pursue a nuclear deterrent against China, as it has considered doing in the past—despite China indicating that such an act itself could be a pathway to war. And without bases in Japan, the United States could not as easily deter China from potential military attacks on Taiwan. 

Trump’s proposed Asia policy could take the United States and its partners down a very dangerous road. It’s an experiment best not to run.

       

On the eve of the first anniversary of the Iran nuclear deal, Tehran has announced that Iranian-American Siamak Namazi (who has been detained since last October) and three other dual nationals have been charged with unstated crimes. Tehran’s acknowledgement of the charges—and the Obama administration’s anemic response to these arrests to date—underscore that managing tensions in the post nuclear-deal era remains complex, both for Washington and Tehran.

Siamak’s story

Last week, in a welcome but unavoidably symbolic gesture, Rep. Ed Royce (R-CA), chairman of the House Foreign Affairs Committee, and Rep. Gerry Connolly (D-VA) introduced a bipartisan resolution demanding that Tehran release Siamak, as well as his father Baqer. Siamak is a forty-something consultant who spent his formative years in the United States; his father, Baqer, served as a provincial governor under Iran’s monarchy and as a UNICEF official during his post-revolutionary exile. Outside their day jobs, both men long campaigned for greater engagement between Washington and Tehran. Like many in the Iranian diaspora, they returned to Iran whenever country’s shifting political winds seemed hospitable. 

It is a particularly cruel irony—and grotesquely consistent with the tactics of the Islamic Republic—that the diplomatic breakthrough that both Namazis hoped for precipitated their current nightmare. On the heels of the nuclear deal, Iranian security forces prevented Siamak from leaving the country; he was interrogated for months before he was brought to Iran’s infamous Evin Prison in October 2015. Then in February, Baqer was lured back to Iran on the false premise of visiting his jailed son; instead, he was arrested upon his arrival at the Tehran airport.

Unfortunately, their plight is not unique. Even after Tehran’s much-heralded release of five imprisoned Americans, including Washington Post reporter Jason Rezaian, in January, Tehran has arrested several other dual nationals on trumped-up charges. This includes Nizar Zakka, a Lebanese technology expert who holds a U.S. green card; Homa Hoodfar, a Canadian-Iranian academic; and Nazanin Ratcliff, a British-Iranian woman who was seized at the airport with her toddler daughter. They follow in the painful footsteps of many other dual nationals and countless Iranians arrested without cause.

Paranoia blues

You probably haven’t heard much about Siamak, Nizar, Nazanin, or Homa in the press. Some have deliberately avoided the spotlight, traumatized by their experience or hoping that an “inside strategy” to exert pressure within the system will generate results. It’s not hard; in the post-nuclear deal era, Iran’s abuses are overshadowed by ISIS atrocities, Brexit anxieties, and an unusually absurd American presidential campaign.

But Tehran’s targeting of Americans and others with foreign ties is a pattern that warrants public and policymakers’ attention, because it exposes the nature of Iran’s ruling system and the landscape for American influence in post-nuclear deal Iran. It may be tempting to dismiss these arrests on the grounds of bad luck or individual foolishness or the vagaries of Iran’s enduring power struggle. But none of those rationalizations—while perfectly plausible—does justice to the scope of the problem.

[T]hese arrests are purely political, the inevitable byproduct of a ruling system that is steeped in a culture of paranoia, particularly toward the West.

In fact, these arrests are purely political, the inevitable byproduct of a ruling system that is steeped in a culture of paranoia, particularly toward the West. As Iran’s leaders reopened to the world via the resolution of the nuclear impasse, they have instinctively sought to reinforce the ideological antipathies on which they built the post-revolutionary state. After all, flexing the muscles of theocratic authoritarianism offers a convenient way to persuade a population that is eager for change to steer clear of the temptations of globalization and “Westoxication.” Tehran’s deep-seated fears of a Western-orchestrated conspiracy to undermine the regime are echoed elsewhere; Egypt, China, and Russia have similarly clamped down on international organizations, with Americans and other foreign nationals caught in the crossfire.

For the Islamic Republic, seizing U.S. citizens is also a well-honed tactic for aggravating its foremost adversary in Washington. From the 1979 hostage crisis through the detention of U.S. sailors earlier this year, Iran’s insecure leadership appreciates the efficacy of using individual Americans as pawns in stoking bilateral tensions. It’s a maneuver that conveniently highlights the limits on Washington’s capacity to protect its own nationals abroad. As I wrote at the time of Rezaian’s arrest nearly two years ago: 

“When an Iranian-American is seized by the system, the world's sole superpower is forced to fall back on the least satisfying instruments of diplomatic influence: eloquent statements from the podium, third-party consular inquiries, and quiet efforts through cooperative interlocutors.”

The Congressional resolution appealing for the Namazis’ release represents an additional step in the right direction, but it also demonstrates the weakness of U.S. leverage in the wake of the nuclear deal. At the family’s behest, the resolution does not propose specific penalties that might; Siamak himself was a fierce critic of Washington’s use of sanctions as an instrument for influencing Iran policies. Unfortunately, that deference was probably unnecessary, as the Obama administration is particularly loathe to deploy new economic pressure against Tehran in these early days of the accord’s implementation. 

Shot in the foot

So these arrests go essentially unanswered, and the ripple effects deter Americans and Europeans from engaging in precisely the places and on precisely the issues where their contributions are most valuable. And when Washington appears unable to protect its own citizens from the long arm of Iranian repression, American advocacy on broader human rights issues carries even less credibility with Tehran. Given the proliferation of these cases around the world—launched by authoritarian regimes that fear a democratic contagion—Washington needs to devise an across-the-board strategy to counter intensifying efforts to target Western individuals and institutions. Imposing sanctions for each individual case would not be realistic or effective, but Washington should be prepared to deploy a clear, predictable and escalating set of responses for governments that routinely use American citizens as pawns for their authoritarian agendas.

For Tehran, dual nationals may seem like easy pickings, but ultimately these arrests—and the broad campaign of repression that has continued almost without interruption since the 1979 revolution—pose profound challenges for Iranian interests. After all, its far-flung, disproportionately well-educated, and wealthy diaspora could furnish Iran with a vast pool of talent and capital for its future development. But how many Iranian expatriates will trust their investments—and their personal freedom—to a system that baits 80 year old men into imprisonment and cleaves mothers from their young daughters (and then confiscates the baby’s British passport)? How can any foreign investor rely on official assurances and legal protections from a government that arrests individuals arbitrarily on the basis of wild-eyed conspiracy theories?

[U]ltimately these arrests...pose profound challenges for Iranian interests.

The risks should not be underestimated, and their repercussions will in time hit Iran hardest. This latest round of repression strikes at the very heart of what the nuclear deal was intended to accomplish—Iran’s rehabilitation from pariah status and its full reintegration into the global economy. Iranian leaders seem impervious to the one of the key lessons from their previous efforts to reopen the economy to the world: that provocative policies will undercut access to finance and the inclination of international investors.

Fundamentally, as I commented in January, after the Saudi embassy in Tehran was torched: 

“the requirements of any kind of resilient reentry to the global economy and achieving the stature that Iranians crave are simply incompatible with aspects of Iran’s official ideology. A state that refuses to rein in—or, more accurately, still relies on—semi-official vandalism will inevitably find its ambitions curbed instead…to fully come in from the cold, Tehran will have to disavow the revolution’s ideological imperatives.”

For an Iranian leadership that has complained incessantly about the slow pace of sanctions relief, there is an unabashed hypocrisy in this kind of self-sabotage, whose implications extend well beyond the economy. The arrests of dual nationals represent the tip of an iceberg of injustice that underpins—and will eventually undermine—the Islamic Republic. The stalwarts of the Iranian system have constructed an elaborate ideological and bureaucratic edifice aimed at preserving their own power. In the end, their disdain for rule of law and their phobias about Western influence represent greater vulnerabilities than any of the perceived threats that motivate the crackdown.

       

One year after its conclusion, the Joint Comprehensive Plan of Action (JCPOA) remains controversial in Tehran and Washington, with opponents unreconciled to the deal and determined to derail it. Republican attacks against the deal will keep the controversy alive for most of this election year.

But opponents have had to scale back their criticism, in large part because the JCPOA, at least so far, has delivered on its principal goal—blocking Iran’s path to nuclear weapons for an extended period of time. No one can dispute that Tehran has sharply reduced its capacity to produce fissile materials for nuclear weapons and would need at least a year to rebuild enough capacity to produce a single bomb.

Iran’s positive compliance record has not given opponents much ammunition. The IAEA found Iran in compliance in its two quarterly reports issued in 2016. True, Iran temporarily exceeded the agreed ceiling on heavy water but quickly rectified the infraction, which most observers attributed to the practical difficulty of ensuring that production overages are exported in a timely way rather than to an intention to circumvent the limit. Critics have also pounced on a German report that Iran’s illicit attempts to procure nuclear and missile items continued in 2015. But Tehran’s requirement to import all nuclear items for its permitted civil nuclear program through the JCPOA’s procurement channel—and stop procuring items outside the channel—did not kick in until January 2016, and neither Washington nor Berlin has information that illicit efforts continued after that time.

Murky missile issue

Iran’s ballistic missile tests present a more complicated compliance issue. Due to a compromise reached in the negotiations, missile activities are not covered in the JCPOA and Security Council resolution 2231 simply ”calls upon” but does not legally require Iran to cease those activities (as did the U.N. Security Council resolutions replaced by 2231). As a result, Iranians argue they are not legally bound to cease missile testing, and Russia and China essentially support their argument. 

The administration and Congress are right to oppose Iran’s provocative and destabilizing missile activities. But they are not on strong legal or political grounds to treat the issue as a compliance violation. Rather than invoking the Iran nuclear deal, Washington and its partners will need to counter Iran’s missile programs with other policy tools, including interdictions of procurement attempts, Missile Technology Control Regime restrictions, U.S. diplomatic efforts with suppliers, missile defenses, and sanctions.

An uncertain path ahead

So, from the standpoint of Iran implementing and complying with its nuclear commitments, the JCPOA has operated well for its first year. But challenges to the smooth operation and even the longevity of the deal are already apparent.

A real threat to the JCPOA is that Iran will blame the slow recovery of its economy on U.S. failure to conscientiously fulfill its sanctions relief commitments and, using that as a pretext, will curtail or even end its own implementation of the deal. Iranians are understandably frustrated that the benefits of sanctions relief have not materialized as quickly as expected. But international banks and businesses have been reluctant to engage Iran not because they have been discouraged by the United States but because they have their own business-related reasons to be cautious, including the inadequate regulatory standards of Iran’s financial system, low oil prices in an oil-dependent economy, and fear of running afoul of remaining U.S. sanctions. In an effort to ensure that Iran will reap the economic rewards it deserves, the Obama administration has bent over backwards to inform foreign governments, banks, and businesses of what sanctions relief measures entitle them to do, but Iranian officials continue to complain that it is not doing enough.

[W]e can say the nuclear deal is off to a promising start...[s]till, it is already clear that the path ahead will not always be smooth.

Legislation proposed in Congress could also threaten the nuclear deal. Many proponents of new sanctions legislation genuinely seek to reinforce the deal—for example, by renewing the Iran Sanctions Act without attaching poison pills. But for some other members of Congress, the bills are designed to undercut the JCPOA. In a July 11 statement of policy, the administration threatened to veto three House bills, stating that they “would undermine the ability of the United States to meet our JCPOA commitments by reimposing certain secondary economic and financial sanctions lifted on ‘Implementation Day’ of the JCPOA.” For now, the administration is in a position to block new legislation that it believes would scuttle the nuclear deal.

But developments outside the JCPOA, especially Iran’s regional behavior and its crackdown on dissent at home, could weaken support for the JCPOA within the United States and give proponents of deal-killing legislation a boost. So far, however, there are no clear indications that the JCPOA has contributed either to more moderate or more provocative behavior. Indeed, consistent with statements by Supreme Leader Ali Khamenei, there have been few changes in Iran’s behavior toward its neighbors in the last year.

A potential wildcard for the future of the JCPOA is upcoming governing transitions in both Washington and Tehran. There will be more continuity in policy toward Iran and the JCPOA if Hillary Clinton becomes president, although she is likely to take a harder line than her predecessor. Donald Trump now says he will re-negotiate rather than scrap the deal, but in practice that could produce the same result because a better deal will not prove negotiable. With President Hassan Rouhani up for re-election next year and the health of the Supreme Leader questionable, Iran’s future policy toward the JCPOA cannot be confidently predicted.

A final verdict on the JCPOA is many years away, not just because of the challenges mentioned above but also because of the crucial uncertainly regarding what Iran will do when key restrictions on its ability to produce weapons-grade nuclear materials expire after 15 years. However, we can say the nuclear deal is off to a promising start, as even some of its early critics now concede. Still, it is already clear that the path ahead will not always be smooth, the longevity of the deal cannot be taken for granted, and keeping it on track will require constant focus in Washington and other interested capitals. 

       

At the time that the Joint Comprehensive Plan of Action (JCPOA) with Iran was being debated here in Washington, I felt that the terms of the deal were far less consequential than how the United States responded to Iranian regional behavior after a deal was signed. I see the events of the past 12 months as largely having borne out that analysis. While both sides have accused the other of "cheating" on the deal in both letter and spirit, it has so far largely held and neither Tehran nor Washington (nor any of the other signatories) have shown a determination to abrogate the deal or flagrantly circumvent its terms. However, as many of my colleagues have noted, the real frictions have arisen from the U.S. geostrategic response to the deal.

I continue to believe that the Obama administration was ultimately correct that signing the JCPOA was better than any of the realistic alternatives—even if I also continue to believe that a better deal was possible, had the administration handled the negotiations differently. However, its regional approach since then has left a fair amount to be desired:

• The president gratuitously insulted the Saudis and other U.S. allies in his various interviews with Jeff Goldberg of The Atlantic. 
• After several alarming Iranian-Saudi dust-ups, administration officials have none-too-privately condemned Riyadh and excused Tehran in circumstances where both were culpable. 
• Washington has continued to just about ignore all manner of Iranian transgressions from human rights abuses to missile tests, and senior administration officials have turned themselves into metaphorical pretzels to insist that the United States is doing everything it can to assist the Iranian economy. 
• And the overt component of the administration's Syria policy remains stubbornly focused on ISIS, not the Bashar Assad regime or its Iranian allies, while the covert side focused on the regime remains very limited—far smaller than America's traditional Middle Eastern allies have sought. 

To be fair, the administration has been quite supportive of the Gulf Cooperation Council war effort in Yemen—far more so than most Americans realize—but even there, still much less than the Saudis, Emiratis, and other Sunni states would like. 

To be blunt, the perspective of America's traditional Sunni Arab allies (and to some extent, Turkey and Israel) is that they are waging an all-out war against Iran and its (Shiite) allies across the region. They have wanted the United States, their traditional protector, to lead that fight. And they feared that the JCPOA would result in one of two different opposite approaches: either that the United States would use the JCPOA as an excuse to further disengage from the geopolitical competition in the region, or even worse, that Washington would use it to switch sides and join the Iranian coalition. Unfortunately, their reading of events has been that this is precisely what has happened, although they continue to debate whether the United States is merely withdrawing or actively changing sides. And as both Bruce Reidel and I have both stressed, this perception is causing the GCC states to act more aggressively, provoking more crises and worsening proxy warfare with Iran that will inevitably aggravate an already dangerously-unstable Middle East and raises the risk of escalation to something even worse.

U.S. President Barack Obama walks with Saudi King Salman at Erga Palace upon his arrival for a summit meeting in Riyadh, Saudi Arabia April 20, 2016. Photo credit: Reuters/Kevin Lamarque.

Looking to year two

All that said, I wanted to use the first anniversary of the JCPOA to think about where we may be on its second anniversary. By then, we will have a new president. Donald Trump has not laid out anything close to a coherent approach to the Middle East, nor does he have any prior experience with the region, so I do not believe we can say anything reasonable about how he might handle the region if he somehow became president. Hillary Clinton, on the other hand, has had considerable experience with the region—as first lady, senator, and secretary of state—and she and her senior aides have discussed the region to a much greater extent, making it possible to speculate on at least the broad contours of her initial Middle East policy. 

In particular, Clinton has been at pains to emphasize a willingness to commit more resources to deal with the problems of the Middle East and a fervent desire to rebuild the strained ties with America's traditional Middle Eastern allies. From my perspective, that is all to the good because an important (but hardly the only) factor in the chaos consuming the Middle East has been the Obama administration's determination to disengage from the geopolitical events of the region and distance itself from America's traditional allies. The problem here is not that the United States always does the right thing or that our allies are saints. Hardly. It is that the region desperately needs the United States to help it solve the massive problems of state failure and civil war that are simply beyond the capacity of regional actors to handle on their own. The only way to stop our allies from acting aggressively and provocatively is for the United States to lead them in a different, more constructive direction. In the Middle East in particular, you can't beat something with nothing, and while the United States cannot be the only answer to the region's problems, there is no answer to the region's problems without the United States.

My best guess is that our traditional allies will enthusiastically welcome a Hillary Clinton presidency, and the new president will do all that she can to reassure them that she plans to be more engaged, more of a leader, more willing to commit American resources to Middle Eastern problems, more willing to help the region address its problems (and not just the problems that affect the United States directly, like ISIS). I think all of that rhetorical good will and a sense (on both sides) of putting the bad days of Obama behind them will produce a honeymoon period. 

[T]he second anniversary of the JCPOA could prove even more fraught for America and the Middle East than the first.

But I suspect that that honeymoon will come to an end after 6 to 18 months, perhaps beginning with the second anniversary of the JCPOA and occasioned by it. I suspect that at that point, America's traditional allies—the Sunni Arab States, Israel, and Turkey—will begin to look for President Clinton to turn her words into action, and from their perspective, that is probably going to mean doing much more than President Obama. I suspect that they will still want the United States to join and/or lead them in a region-wide war against Iran and its allies. And while I think that a President Clinton will want to do more than President Obama, I see no sign that she is interested in doing that much more. 

Syria is one example. The GCC wants the United States to commit to a strategy that will destroy the Assad regime (and secondarily, eliminate ISIS and the Nusra Front). Clinton has said she was in favor of a beefed-up covert campaign against the Assad regime and that she is in favor of imposing a no-fly zone over the country. If, as president, she enacts both, this would be a much more aggressive policy than Obama's, but as I have written elsewhere, neither is likely to eliminate the Assad regime, let alone stabilize Syria and end the civil war—the two real threats to both the United States and our regional allies (and our European allies). 

Even more to the point, I cannot imagine a Hillary Clinton administration abrogating the JCPOA, imposing significant new economic sanctions on Iran, or otherwise acting in ways that it would fear could provoke Tehran to break the deal, overtly or covertly. That may look to our traditional allies like Washington is trying to remain on the fence, which will infuriate them. After Obama, and after Clinton's rhetoric, they expect the United States to stand openly and resolutely with them. At the very least, such American restraint will place further limits on the willingness of a Clinton administration to adopt the kind of confrontational policy toward Tehran that our regional allies want, and that her rhetoric has led them to expect. 

U.S. Secretary of State Hillary Rodham Clinton (C) speaks with Jordan's Foreign Minister Nasser Judeh (L) and United Arab Emirates Minister of State for Foreign Affairs Anwar Gargash as they participate in the Libya Contact Group family photo at the Emirates Palace Hotel in Abu Dhabi June 9, 2011. Photo credit: Reuters/Susan Walsh.

Reconcile, or agree to disagree?

Let me be clear, I am not suggesting that the United States should adopt the GCC analysis of what is going on in the region wholeheartedly. I think that it overstates Iran's role as the source of the region's problems and so distracts from what I see as the region's real problems—state failure and civil wars—even if the Iranians have played a role in exacerbating both. 

Instead, my intent is simply to highlight that there are some important strategic differences between the United States and its regional allies, differences that are not all Barack Obama's fault but reflect important differences that have emerged between the two sides. If this analysis is correct, then the second anniversary of the JCPOA could prove even more fraught for America and the Middle East than the first. The honeymoon will be over, and both sides may recognize that goodwill and rousing words alone cannot cover fundamental divergences in both our diagnosis of what ails the region and our proposed treatment of those maladies. If that is the case, then both may need to make much bigger adjustments than they currently contemplate. Otherwise, the United States may find that its traditional allies are no longer as willing to follow our lead, and our allies may discover that the United States is no longer interested in leading them on the path they want to follow.

       

       

       

       

       

       

On his fourth trip to the U.S. as Indian Prime Minister, Narendra Modi will spend some quality time on Capitol Hill on Wednesday, where he'll address a joint meeting of the U.S. Congress. House Speaker Paul Ryan will also host the Indian premier for a lunch, which will be followed by a reception hosted jointly by the House and Senate Foreign Relations Committees and the India Caucus. What's the significance of this Congressional engagement and what might be Modi's message? 

Given that all the most-recent Indian leaders who've held five-year terms have addressed such joint meetings of Congress, some have asked whether Ryan's invitation to Modi is a big deal. The answer is, yes, it is an honour and not one extended all that often. Since 1934, there have been only 117 such speeches. Leaders from France, Israel and the United Kingdom have addressed joint meetings the most times (8 each), followed by Mexico (7), and Ireland, Italy and South Korea (6 each). With this speech, India will join Germany on the list with leaders having addressed 5 joint meetings of Congress: Rajiv Gandhi in 1985, P.V. Narashima Rao in 1994, Atal Bihari Vajpayee in 2000 and Manmohan Singh in 2005. India's first premier, Jawaharlal Nehru, spoke to the House and Senate in separate back-to-back sessions in 1949 as well. 

Congress is a key stakeholder in the U.S.-India relationship and can play a significant supportive or spoiler role. While American presidents have a lot more lee-way on foreign policy than domestic policy, Congress is not without influence on U.S. foreign relations, and shapes the context for American engagement abroad. Moreover, the breadth and depth of the U.S.-India relationship, as well as the blurring of the line between what constitutes domestic and foreign policy these days means that India's options can be affected by American legislative decisions or the political mood on a range of issues from trade to immigration, energy to defense. 

The Indian Foreign Secretary recently said that the U.S. legislature was at "very much at the heart" of the relationship today. He noted it has been "very supportive" and "even in some more difficult days where actually the Congress has been the part of the US polity which has been very sympathetic to India." But India's had rocky experiences on the Hill as well--which only heightens the need to engage members of Congress at the highest levels. 

The speech and the other interactions offer Modi an opportunity to acknowledge the role of Congress in building bilateral relations, highlight shared interests and values, outline his vision for India and the relationship, as well as tackle some Congressional concerns and note some of India's own. He'll be speaking to multiple audiences in Congress, with members there either because of the strategic imperative for the relationship, others because of the economic potential, yet others because of the values imperative--and then there are those who'll be there because it is important to their constituents, whether business or the Indian diaspora. There is also the audience outside Congress, including in India, where the speech will play in primetime. What will Modi's message be? A glimpse at previous speeches might offer some clues, though Modi is likely also to want to emphasize change. 

The speeches that came before

The speeches of previous prime ministers have addressed some common themes. They've acknowledged shared democratic values. They've mentioned the two-way flow of inspiration and ideas with individuals like Henry David Thoreau, Mahatma Gandhi, Martin Luther King getting multiple mentions. They've noted the influence of American founding documents or fathers on the Indian constitution. They've highlighted India's achievements, while stressing that much remains to be done. 

They've noted their country's diversity, and the almost-unique task Indian leaders have had--to achieve development for hundreds of millions in a democratic context. Since Gandhi, each has mentioned the Indian diaspora, noting its contributions to the U.S. Each prime minister has also expressed gratitude for American support or the contribution the U.S. partnership has made to India's development and security. They've acknowledged differences, without dwelling on them. They've addressed contemporary Congressional concerns that existed about Indian policy--in some cases offering a defense of them, in others' explaining the reason behind the policy.

Many of the premiers called for Congress to understand that India, while a democracy like the U.S. and sharing many common interests, would not necessarily achieve its objectives the same way as the U.S. And each subtly has asked for time and space, accommodation and support to achieve their goals--and argued it's in American interests to see a strong, stable, prosperous, democratic India.

In terms of subjects, each previous speech has mentioned economic growth and development as a key government priority, highlighting what policymakers were doing to achieve them. Since Gandhi, all have mentioned nuclear weapons though with different emphases: he spoke of disarmament; Rao of de-nuclearization and concerns about proliferation; two years after India's nuclear test, Vajpayee noted India's voluntary moratorium on testing and tried to reassure Congress about Indian intentions; and speaking in the context of the U.S.-India civil nuclear talks, Singh noted the importance of civil nuclear energy and defended India's track record on nuclear non-proliferation.

Since Rao, every prime minister has mentioned the challenge that terrorism posed for both the U.S. and India, with Vajpayee and Singh implicitly noting the challenge that a neighboring country poses in this regard from India's perspective. And Rao and Singh made the case for India to get a permanent seat on the U. N. Security Council.

The style of the speeches has changed, as has the tone. Earlier speeches were littered with quotes from sources like Christopher Columbus, Swami Vivekananda, Abraham Lincoln, Lala Lajpat Rai and the Rig Veda. Perhaps that was reflective of the style of speechwriting in those eras, but perhaps it was also because there were fewer concrete issues in the bilateral relationship to address. The evolution in the areas of cooperation is evident in the speeches. 

Rao's speech about two decades ago, for instance, listed U.S.-India common interests as peacekeeping, environmental crises, and combating international terrorism and international narcotics trafficking. Compare that to Singh's address which talked of cooperation on a range of issues from counterterrorism, the economy, agriculture, energy security, healthy policy, humanitarian assistance and disaster relief (HADR), democracy promotion, and global governance.

The speech yet to come

Modi will likely strike some similar themes, acknowledging the role that the U.S. Congress has played in shaping the relationship and expressing gratitude for its support. Like Vajpayee, particularly in a U.S. election year, Modi might note the bipartisan support the relationship has enjoyed in recent years. He'll undoubtedly talk about shared democratic values in America's "temple of democracy"--a phrase he used for the Indian parliament when he first entered it after his 2014 election victory. Modi will not necessarily mention the concerns about human rights, trade and investment policies, non-proliferation or India's Iran policy that have arisen on the Hill, but he will likely address them indirectly. 

For example, by emphasizing India's pluralism and diversity and the protection its Constitution gives to minorities, or the constructive role the country could play regionally (he might give examples such as the recently inaugurated dam in Afghanistan). Given the issues on the bilateral agenda, he'll likely mention the strategic convergence, his economic policy plans, terrorism, India's non-proliferation record, defense and security cooperation, and perhaps--like Vajpayee--the Asia-Pacific (without directly mentioning China). And like Vajpayee, he might be more upfront about Indian concerns and the need to accommodate them. 

While he might strike some similar themes as his predecessors and highlight aspects of continuity, Modi will also want to emphasize that it's not business as usual. He'll likely try to outline the change that he has brought and wants to bring. In the past, he has noted the generational shift that he himself represents as the first Indian prime minister born after independence and the Modi government's latest tag line is, of course, "Transforming India." And he might emphasize that this changed India represents an opportunity for the U.S.

He won't wade directly into American election issues, but might note the importance of U.S. global engagement. He might also try to address some of the angst in the U.S. about other countries taking advantage of it and being "takers." He could do this by making the case that India is not a free rider--that through its businesses, market, talent and diaspora it is contributing to American economy and society, through its economic development it will contribute to global growth, and through Indian prosperity, security and a more proactive international role--with a different approach than another Asian country has taken--it'll contribute to regional stability and order. He might also suggest ways that the U.S. can facilitate India playing such a role.

Unlike previous leaders, he has not tended to appeal to others not to ask India to do more regionally and globally because it's just a developing country and needs to focus internally. The Modi government has been highlighting the contributions of India and Indians to global and regional peace and prosperity--through peacekeeping, the millions that fought in the World Wars, HADR operations in its neighborhood, evacuation operations in Yemen in which it rescued not just Indian citizens, but Americans as well.

His government has been more vocal in joint contexts of expressing its views on the importance of a rules-based order in the Asia-Pacific and Indian Ocean regions--and we might hear more on this in his address. Overall, a theme will likely be that India is not just a "taker," and will be a responsible, collaborative stakeholder.

It'll be interesting to see whether the Indian prime minister notes the role that his predecessors have played in getting the relationship to this point. With some exceptions--for example, he acknowledged Manmohan Singh's contribution during President Obama's visit to India last year--he has not tended to do so. But there's a case to be made for doing so--it can reassure members of Congress that the relationship transcends one person or party and is based on a strategic rationale, thus making it more sustainable. Such an acknowledgement could be in the context of noting that it's not just Delhi and Washington that have built and are building this relationship, but the two countries' states, private sectors, educational institutions and people. 

This wouldn't prevent Modi from highlighting the heightened intensity of the last two years, particularly the progress in defense and security cooperation. (From a more political perspective, given that there has been criticism in some quarters of India-U.S. relations becoming closer, it can also serve as a reminder that the Congress party-led government followed a similar path).

Modi will be competing for media attention in the U.S. thanks to the focus in the U.S. on the Democratic primaries this week, but he'll have Congressional attention. But it's worth remembering that Indian prime ministers have been feted before, but if they don't deliver on the promise of India and India-U.S. relations that they often outline, disillusionment sets in. Modi will have to convince them that India is a strategic bet worth making--one that will pay off.

This piece was originally published by Huffington Post India.

      

Editors’ Note: Turkey’s failed coup may lead to the worsening of Europe’s migration crisis, writes Jessica Brandt. That’s because it could lead to the dissolution of a recent pact between Brussels and Ankara over the plight of refugees arriving on the European Union’s shores. This post originally appeared on Vox.

Turkey’s recent failed coup may lead to the worsening of Europe’s migration crisis. That’s because it could lead to the dissolution of a recent pact between Brussels and Ankara over the plight of refugees arriving on the European Union’s shores. Even before the events of last weekend, the fate of the agreement was uncertain amid quarrels between the parties. Now its future is even more in doubt.

Last year, more than a million migrants and refugees crossed into Europe, roiling politics across the continent. It’s a crisis EU chief Donald Tusk has described as an “existential challenge.”

Under the terms of the deal, Turkey agreed to accept the “rapid return of all migrants not in need of international protection crossing from Turkey into Greece and to take back all irregular migrants intercepted in Turkish waters.” In other words, almost all refugees who cross into Greece are slated to be returned to Turkish soil.

In return, the EU pledged to speed up the allocation of €3 billion in aid to Turkey to help it house and care for refugees, “reenergize” Turkey's bid for membership in the EU, and lift visa restrictions on Turkish tourists and businessmen.

But the European Commission has conditioned changes to the visa restrictions on better governance in Turkey. In particular, it requires a change in President Recep Tayyip Erdoğan’s controversial anti-terror law, which he has used to crack down on journalists and critics. Erdoğan was already adamantly against narrowing the law to protect free speech. Having now overcome a determined coup attempt, he is even less likely to do so.

Instead, it appears probable that he will further clamp down on civil liberties, acting on his authoritarian instincts and retaliating against his detractors. On Sunday, he suggested that he might reintroduce the death penalty, a practice Turkey abolished in 2004 as part of its bid for EU membership. Doing so would widen the gap in political culture between Turkey and Europe and, as German Foreign Minister Frank-Walter Steinmeier asserted forcefully on Monday in Brussels, derail the already limited possibility of reigniting accession talks.

The pact has already been strongly opposed by the European left, and particularly by humanitarian and human rights groups. Rising authoritarianism in Turkey would only increase resistance to the deal, making implementation even harder, especially if those groups were to scale back their activities on the ground.

That would not be without precedent. The United Nations High Commissioner for Refugees, Doctors Without Borders, and the International Rescue Committee, among others, have suspended some of their activities in refugee centers because they do not want to be involved in implementing a deal that they describe as constituting the blanket expulsion of refugees from Turkey back to Greece.

[A] crackdown could also undermine the legal basis of the agreement.

Crucially, a crackdown could also undermine the legal basis of the agreement. One of the agreement’s key provisions is that individuals who cross from Turkey into Greece will be sent back across the Aegean to Turkey. That hinges on the notion that Turkey is a “safe third country” for migrants. A crackdown could prompt refugees to argue that it isn’t.

If that were the case, deporting them to Turkey could be seen as constituting “refoulement”—the forcible return of asylum seekers to a country where they are prone to be subjected to persecution—which is forbidden under both international and EU law.

That’s a problem, since some analysts believe worsening conditions in Turkey could lead even more people seeking refuge to journey onward to Europe. In the past, Erdoğan has threatened to “open the gates” and send refugees streaming into Europe when displeased with the level of financial assistance from Brussels earmarked for managing the crisis. Preoccupied by troubles at home, he may see stability as in his interest and resist taking aggressive steps that would cause an open breach.

For both parties, finding a stable, though imperfect, accommodation—as they were poised to do prior to the events of last weekend—is still the most promising path forward. Let’s hope the parties take it. Managing Europe’s migration crisis depends on it.