Visiting Fellow Michael P. McDonald joins Kojo Nnamdi and guests to discuss congressional redistricting and other pressing election reform issues.

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The buzz these days is that American politics may be entering a “postpartisan” era, as a new generation finds the old ideological quarrels among baby boomers to be increasingly irrelevant. In reality, matters are not so simple. Far from being postpartisan, today’s young adults are significantly more likely to identify as Democrats than were their predecessors. Along with colleagues at the Brookings and Hoover institutions, we recently completed a comprehensive study of the nation’s polarization. Our research concludes not only that the ideological differences between the political parties are growing but also that they have become embedded in American society itself.

Large events made some increase in polarization inevitable. In the wake of the Vietnam War, the post-World War II foreign-policy consensus collapsed. Less than a decade after President Nixon declared that “we are all Keynesians now,” stagflation and soaring interest rates spawned the controversial tenets of supply-side economics. Social movements and the Supreme Court put long-suppressed, highly divisive cultural issues back on the public agenda.

But polarization has proceeded even further than these shifts made necessary. The great majority of voters now fuse their party identification, ideology and decisions in the voting booth. The share of Democrats who could be called conservative has shrunk, and so has the share of liberal Republicans. The American National Election Studies asks voters a series of issues-based questions and then arrays respondents along a 15-point scale from -7 (the most liberal) to +7 (the most conservative). These data indicate that 41 percent of the voters in 1984 were located at or near the midpoint of the ideological spectrum, compared with only 28 percent in 2004. Meanwhile, the percentage of voters clustering toward the left and right tails of the spectrum rose from 10 to 23 percent.

Most strikingly, political polarization has become akin to political segregation. You are less likely to live near someone whose politics differ from your own. It’s well known that fewer states are competitive in presidential races than in decades past. We find similar results at the county level. In 1976, only 27 percent of voters lived in landslide counties where one candidate prevailed by 20 points or more. By 2004, 48 percent of voters lived in such counties.

What accounts for the decline of ideologically mixed localities? Bill Bishop, a journalist, and Robert Cushing, a sociologist, who have studied this issue, stress that the age of “white flight” to the suburbs is over. Instead, during the past two decades, many whites have moved to one group of cities and many blacks to another. Meanwhile, young people have deserted rural and older manufacturing areas for cities like Austin and Portland. Places with higher densities of college graduates attract even more, so that the gap between such communities and less-educated areas widens further. Zones of high education, in turn, produce more innovation and enjoy higher incomes, generating communities dominated by upper-middle-class tastes. Lower-educated regions, by contrast, tend to be more family-oriented and more faithful to traditional authority.

Not surprisingly, this demographic sorting correlates with a widening difference in political preferences. What’s more, according to Bishop and Cushing, once a tipping point is reached, majorities tend to become supermajorities. This is consistent with the findings of recent political science and social psychology: individuals in the minority of their group tend to shift their views toward the majority, while members of the majority become more extreme in their views. In such circumstances, discussions within groups often intensify, rather than moderate, the underlying polarization.

Our study shows that this geographical sorting worsens polarization in several ways. When counties become more homogeneous, it becomes harder to use redistricting to create more competitive Congressional districts. (Recent research indicates that gerrymandering accounts for, at the very most, one-third of noncompetitive districts in the House of Representatives.) When states become more homogeneous, presidential campaigns begin by conceding a large number of contests to the opposition, disheartening their supporters in those states and increasing the majority’s electoral advantage. Polarization feeds on itself.

Because politics is a contact sport, hard-hitting partisan competition is unavoidably part of the game. A party system that differentiates sharply between alternatives has virtues, not the least being that it engages more voters, offers clearer choices and enhances accountability. But hyperpartisan politics also do damage, not least to public trust and confidence in government — and many Americans understandably yearn for less polarization. Because the underlying structure of our politics remains so deeply divided, the 2008 election may not requite their wish.

      

Executive Summary

In the concluding chapter of Red and Blue Nation? Consequences and Correction of America’s Polarized Politics (Brookings Press, 2007), Pietro S. Nivola and William A. Galston lay out a series of changes aimed at “depolarizing” the politics of the United States. One of their recommendations calls on the states to introduce fundamental changes to the process of redistricting congressional electoral districts. A handful of states have already established redistricting commissions, so the first steps have been taken in reforming one of the most important pillars of the electoral process.

This paper explores the possibility that the United States could build on those initial moves. Additionally, would it be possible to “import” the Canadian model of independent electoral boundary redistricting commissions? For the first 100 years of Canadian history redistricting seats in the federal House of Commons followed a pattern familiar to Americans. It was a process firmly under the control of the politicians, and the results reflected that. Wide disparities in population size were a tell-tale sign of the extent to which Canada’s parliamentary districts were gerrymandered.

Starting at the provincial level in the 1950s, partisan redistricting eventually gave way in all jurisdictions to nonpartisan commissions. How that change came about and why the Canadian commission-directed redistricting commends itself to Americans concerned about the highly politicized state of redistricting in the United States are the subjects of this study.

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With the 2010 Census a little over a year away, the nation is at a critical juncture in its planning and preparation for the next decennial enumeration.

There is much at stake. Without a full count of the U.S. population, Congress and the administration will lack the accurate data necessary for reapportionment and redistricting, to make critical decisions about community services, and to distribute $300 billion in federal funds to state and local governments every year.

On March 18, the Brookings Institution and the National Association of Latino Elected and Appointed Officials (NALEO) hosted a discussion on urgent and emerging issues affecting the coming census. Brookings Vice President and Director of Governance Studies Darrell West set the context on new political realities and how this weighs on the 2010 Census. The panelists, moderated by NPR’s Ron Elving, considered the capacity of the Census Bureau to effectively carry out the enumeration, including an examination of the funds provided in the economic stimulus plan and the Obama administration's budget for the 2010 Census.

The forum also explored the issues facing the Census Bureau as it prepares to implement its communications and outreach plan–a key element in meeting the challenge of reaching Latinos and other hard-to-count populations–with an emphasis on the impact of the nation's changing demographics and political climate. Brookings Fellow Andrew Reamer provided introductory and closing remarks.

After the program, panelists took questions from the audience. 

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• Politics, Policy and the 2010 Decennial Census

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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.

      

Every 10 years, we have to count people. At least that's what Article 1, Section 2 of the Constitution says. It doesn't sound too complicated. But it is. Who gets counted, and how, determines not only congressional representation but how funding is distributed for a slew of federal programs that affect all of us. As we prepare to stand and be counted in 2010 -- and the U.S. Census Bureau is spending a lot of advertising money to make sure that everyone is -- let's note a few misconceptions about our population and the efforts to tally us up.

1. Immigration is the biggest force behind the nation's racial and ethnic diversity.

If immigration stopped today, we would still see substantial gains in our minority populations for decades to come. Recent Census Bureau projections showed that under a "no further immigration" scenario, the minority share of our population would rise from about 35 percent today to 42 percent in 2050. The preschool (under age 5 ) population would become minority white. The greater minority presence would arise from higher natural-increase rates for minorities than for the aging white population. This momentum is already in place: Since 2000, natural population increase accounted for 62 percent of the growth of Hispanics, the country's largest minority group, with immigration responsible for the rest.

Already, the District and four states (Hawaii, New Mexico, California and Texas) are minority white, and in six more, whites are less than 60 percent of the population. Minorities now make up more than 30 percent of the residents in half of the nation's congressional districts, compared with a quarter in 1992.

The census will tell us more about the dispersal of Hispanics and other groups to traditional white enclaves -- suburbs and the country's midsection. A majority of all Hispanic, black and Asian residents of major metro areas now live in the suburbs. And since 2000, according to recent estimates, the fastest Hispanic growth occurred in South Carolina, South Dakota, Tennessee and Arkansas.

Color lines within our population are blurring in a different way, too, with people who identify with more than one race. The number of mixed-race married couples more than doubled since 1990, and they make up nearly 8 percent of all marriages.

2. The country is getting uniformly older.

As a baby boomer, I am part of a demographic mob. As we age over the next 20 years, the nation as a whole will see a surge in senior citizens. But different parts of the country will be aging at different rates, largely because selective "younging" is going on. This is evident from census estimates showing that during the first nine years of this decade, 25 states -- mostly in the Northeast, Midwest and Great Plains -- and the District exhibited absolute declines in their child populations, while 25 others, led by Nevada and Arizona, showed gains.

This variation in where families and children live is poised to shape a young-old regional divide that could intensify over time. Census projections for 2020, made earlier this decade, showed median ages over 40 in Maine, West Virginia and Pennsylvania, compared with below 36 in Utah, Texas, Georgia and California.

3. Big states will keep getting bigger -- especially in Congress.

For much of the postwar period, the Sunbelt megastates of California, Florida and Texas just kept growing: They led all other states in adding congressional seats based on censuses since World War II. But the economic turbulence of this past decade will affect their political fortunes. Florida was one of the nation's growth leaders for the first half of the decade and was poised to gain as many as three congressional seats after the 2010 Census, tying or overtaking New York's congressional delegation. But the mortgage meltdown led to an unprecedented exodus from the state in the past two years. Florida's likely gain of one seat will be its smallest addition since the 1940 Census.

California is not positioned to gain any seats for the first time since statehood in 1850. Despite its status as an immigration magnet, the Golden State lost large numbers of people fleeing high housing costs during the bubble years. California might have even lost a seat had that bubble not burst.

Of the three Sunbelt behemoths, Texas will take the biggest prize, probably four congressional seats -- its largest increase since the 1880 Census. It was largely immune from the housing crisis late in the decade, while it gained Katrina-driven migrants from Louisiana.

4. The census is the main source of information about our population.

Not as much as before. Unlike previous censuses, the 2010 count will provide only bare-bones information that does little more than fulfill its constitutional mandate. The questions will include the age, sex, race, Hispanic origin and household relationship status of each individual, and the size and homeownership status of each household.

What happened to all the rich data on poverty, income, ancestry, immigration, marital status and some 30 other categories we have come to expect from the census? Those "long form" questions have been given to a sample of census respondents in every count going back to 1940 -- but they won't be handed out this year. The queries have been diverted to the Census Bureau's American Community Survey.

In 2005, the bureau began administering the ACS to 3 million households each year to elicit the same kind of information that was previously available only every 10 years. This large and sophisticated survey has already provided important and timely insights on changing poverty, immigration and migration patterns in this economic roller coaster of a decade.

5. New technology gives us much more demographic data than the census can.

Not true. Technological developments and data collected via the Internet do give us new ways of looking at the population, and complex surveys and estimates conducted by the Census Bureau and other organizations allow us to monitor change over the decade -- but there is no substitute for counting everyone. Aside from the census's constitutional mandate to provide the basis for congressional apportionment, a national headcount also allows us to know how many people live in the nation's cities, suburbs and neighborhoods and to break them down according to race, age and gender.

There are plenty of examples of a decennial census surprising the experts. The 2000 Census, for instance, discovered sharp population surges in many old, large cities. This was unanticipated for Chicago, which had experienced decades of decline. And the spread of the nation's Hispanic population into new states such as North Carolina far exceeded expectations.

Many government and private surveys, including the ACS, rely on the decennial census to make sure their work accurately reflects the population as a whole.

This census will also tell us more about small but growing groups, such as same-sex married partners and multiracial populations, whose presence and interests can change laws and public policies.

The Census Bureau's ad campaign urges Americans to answer "10 Questions in 10 Minutes" -- and those are still 10 very important questions, whose responses will guide us for the next 10 years.

      

Scholars from the Brookings Institution and the American Enterprise Institute are collaborating to promote transparency in redistricting. In January 2010, an advisory board of experts and representatives of good government groups was convened in order to articulate principles for transparent redistricting and to identify barriers to the public and communities who wish to create redistricting plans. This document summarizes the principles for transparency in redistricting that were identified during that meeting.

Benefits of a Transparent, Participative Redistricting Process

The drawing of electoral districts is among the most easily manipulated and least transparent systems in democratic governance. All too often, redistricting authorities maintain their monopoly by imposing high barriers to transparency and public participation. Increasing transparency and public participation can be a powerful counterbalance by providing the public with information similar to that which is typically only available to official decision makers, which can lead to different outcomes and better representation.

Increasing transparency can empower the public to shape the representation for their communities, promote public commentary and discussion about redistricting, inform legislators and redistricting authorities which district configurations their constituents and the public support, and educate the public about the electoral process.  

Fostering public participation can enable the public to identify their neighborhoods and communities, promote the creation of alternative maps, and facilitate an exploration of a wide range of representational possibilities. The existence of publicly-drawn maps can provide a measuring stick against which an official plan can be compared, and promote the creation of a “market” for plans that support political fairness and community representational goals.

Transparency Principles

All redistricting plans should include sufficient information so the public can verify, reproduce, and evaluate a plan. Transparency thus requires that:

• Redistricting plans must be available in non-proprietary formats.
• Redistricting plans must be available in a format allowing them to be easily read and analyzed with commonly-used geographic information software.
• The criteria used as a basis for creating plans and individual districts must be clearly documented.

Creating and evaluating redistricting plans and community boundaries requires access to demographic, geographic, community, and electoral data. Transparency thus requires that:

• All data necessary to create legal redistricting plans and define community boundaries must be publicly available, under a license allowing reuse of these data for non-commercial purposes.
• All data must be accompanied by clear documentation stating the original source, the chain of ownership (provenance), and all modifications made to it.

Software systems used to generate or analyze redistricting plans can be complex, impossible to reproduce, or impossible to correctly understand without documentation. Transparency thus requires that:

• Software used to automatically create or improve redistricting plans must be either open-source or provide documentation sufficient for the public to replicate the results using independent software.
• Software used to generate reports that analyze redistricting plans must be accompanied by documentation of data, methods, and procedures sufficient for the reports to be verified by the public.

Services offered to the public to create or evaluate redistricting plans and community boundaries are often opaque and subject to misinterpretation unless adequately documented. Transparency thus requires that:

• Software necessary to replicate the creation or analysis of redistricting plans and community boundaries produced by the service must be publicly available.
• The service must provide the public with the ability to make available all published redistricting plans and community boundaries in non-proprietary formats that are easily read and analyzed with commonly-used geographic information software.
• Services must provide documentation of any organizations providing significant contributions to their operation.

Promoting Public Participation

New technologies provide opportunities to broaden public participation in the redistricting process. These technologies should aim to realize the potential benefits described and be consistent with the articulated transparency principles.

Redistricting is a legally and technically complex process. District creation and analysis software can encourage broad participation by: being widely accessible and easy to use; providing mapping and evaluating tools that help the public to create legal redistricting plans, as well as maps identifying local communities; be accompanied by training materials to assist the public to successfully create and evaluate legal redistricting plans and define community boundaries; have publication capabilities that allow the public to examine maps in situations where there is no access to the software; and promoting social networking and allow the public to compare, exchange and comment on both official and community-produced maps.

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Official Endorsement from Organizations – Americans for Redistricting Reform, Brennan Center for Justice at New York University, Campaign Legal Center, Center for Governmental Studies, Center for Voting and Democracy, Common Cause, Demos, and the League of Women Voters of the United States.

Attending board members – Nancy Bekavac, Director, Scientists and Engineers for America; Derek Cressman, Western Regional Director of State Operations, Common Cause; Anthony Fairfax, President, Census Channel; Representative Mike Fortner (R), Illinois General Assembly; Karin Mac Donald, Director, Statewide Database, Berkeley Law, University of California, Berkeley; Leah Rush, Executive Director, Midwest Democracy Network; Mary Wilson, President, League of Women Voters.

Editors – Micah Altman, Harvard University and the Brookings Institution; Thomas E. Mann, Brookings Institution; Michael P. McDonald, George Mason University and the Brookings Institution; Norman J. Ornstein, American Enterprise Institute.

This project is funded by a grant from the Sloan Foundation to the Brookings Institution and the American Enterprise Institute.

      

Every 10 years — unfortunately, sometimes more frequently — legislative district lines are redrawn to balance population for demographic changes revealed by the census. What goes on is much more than a simple technical adjustment of boundaries, with ramifications that largely escape public notice.

Politicians often use redistricting as an opportunity to cut unfavorable constituents and potential challengers out of their districts. Barack Obama, for example, learned the rough and tumble of redistricting politics when Rep. Bobby Rush (D-Ill.) carved Obama's Chicago home out of Rush's congressional district after losing a 2000 primary challenge to Obama, then a state senator.

Incumbents can also use redistricting to move favorable constituents into their districts. Obama himself used the state legislative redistricting to extend his predominantly African American district north into a wealthy area of Illinois known as the Gold Coast. This new constituency allowed Obama to hone an effective biracial campaigning style that served him well when he ran for the U.S. Senate and the presidency.

Critically, these decisions are made with little or no public input or accountability. While Arizona and California are among the few states that give the public a chance to see and participate in how the boundaries are set, by using open redistricting commissions, most states gerrymander legislative lines behind closed doors. Figures from both major parties tilt the electoral playing field so much that one party is essentially assured of winning a given district, controlling the state legislature or winning the most seats in the state's congressional delegation. In other words, the democratic process is subverted. In this system, politicians select voters rather than voters electing politicians.

A 2006 Pew survey found that 70 percent of registered voters had no opinion about congressional redistricting. Among the few that expressed an opinion, some mistook the question to be about school districts rather than congressional districts.

For many reasons it has been hard to fault the public. An immense amount of population data must be sifted and then assembled, much like a giant jigsaw puzzle, to ensure that districts satisfy complex federal requirements relating to equal population and the Voting Rights Act, and varying state requirements that may include compactness and respect for existing political boundaries or communities. And access to these data and the software necessary to assemble and analyze them have long been out of public reach.

In the previous round of redistricting, according to a 2002 survey of authorities we conducted with our colleague Karin Mac Donald, most states did not provide any tools, facilities, dedicated assistance or software to support the public in developing redistricting plans. Many states failed to provide even minimal transparency by making data available, providing information about their plans online or accepting publicly submitted plans. Many redistricting authorities have not made firm plans to support transparency or public participation in the current round of redistricting.

In the coming year, however, technological advancements will enable anyone with a Web browser and an interest in how he or she is represented to draw district maps of his or her community and state that meet the same requirements as official submissions. Under the direction of scholars at the Brookings Institution and the American Enterprise Institute, and with consultation from an array of experts in redistricting issues, we have developed a set of principles for transparency and public participation. These principles have been endorsed by an array of stakeholders, including Common Cause and the League of Women Voters of the United States.

Americans will be able to participate directly in their democracy by offering plans to be compared with the politician-drawn maps. The public and even the courts will no longer have to accept that whatever is devised by politicians in the backroom.

The Wizard of Oz appeared powerful because he hid behind a curtain -- until it was pulled back. The time has come to pull back the curtain on redistricting. A good place to start is by passing Rep. John Tanner's Redistricting Transparency Act, which has 38 co-sponsors from both parties. If Congress will not act, state governments can follow the lead of the few states that provide for meaningful transparency and public participation. Failure to provide for transparency and public participation should be recognized for what it is: an obviously self-serving act, placing the interests of politicians above the public interest.

      

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The drawing of legislative district boundaries is among the most self-interested and least transparent systems in American democratic governance. All too often, formal redistricting authorities maintain their control by imposing high barriers to transparency and to public participation in the process. Reform advocates believe that opening that process to the public could lead to different outcomes and better representation.

On January 20, Brookings hosted a briefing to review how redistricting in the 50 states will unfold in the months ahead and present a number of state-based initiatives designed to increase transparency and public participation in redistricting. Brookings Nonresident Senior Fellows Micah Altman and Michael McDonald unveiled open source mapping software which enables users to create and submit their own plans, based on current census and historical election data, to redistricting authorities and to disseminate them widely. Such alternative public maps could offer viable input to the formal redistricting process.

After each presentation, participants took audience questions.

Learn more about Michael McDonald's Public Mapping Project »

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• Injecting Transparency into Redistricting
• GOP Could Re-Draw 145 Districts
• Towards a New Political Culture
• Coalitions Pushing for Greater Transparency
• The Public Mapping Project

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• Toward Public Participation in Redistricting
• Toward Public Participation in Redistricting
• Toward Public Participation in Redistricting

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• Download Micah Altman's and Michael McDonald's Presentation (.pdf)
• Download Tim Storey's Presentation (.pdf)
• Download Clare Dyer's Presentation (.pdf)
• Download the Redistricting Authority in the States Factsheet (.pdf)
• Download Micah Altman's and Michael McDonald's Report (.pdf)
• Download the District Builder Summary (.pdf)

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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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Voters are supposed to choose their representatives, but the flawed redistricting process in our nation too often allows representatives to choose their voters. This rigged game is in full flower in Virginia, which has an accelerated redistricting process this year because elections for its House of Delegates and Senate take place in November. State Senate Majority Leader Richard Saslaw (D) was stunningly candid in a recent radio interview in describing the process politicians would follow to redraw the lines:

“The House does theirs. The Senate does theirs. And I’m not gonna interfere with the lines the House draws for the House. And they’re not gonna interfere with the lines I draw for the Senate. And I would simply say, well, you know, our goal is to make the Democratic districts, particularly the marginal ones, a little bit better than they are now. I’m not greedy. I’m not trying to put all the Republicans out of business by any stretch. They didn’t do that to us 10 years ago. And we’re not gonna do that to them.”

Saslaw described a classic bipartisan incumbent gerrymander; the majority Democrats in the state Senate would let the majority Republicans in the state House stack the deck for its incumbents, and vice versa. The biggest losers? The voters of Virginia, denied competitive elections in which the outcomes reflect their collective preferences.

The situation is different but just as smelly for the redrawing of lines for Virginia’s 11 congressional seats. As Politico described last week, the 11 incumbents — three Democrats and eight Republicans — cut a deal to protect each other, solidifying the GOP’s 8-to-3 edge by making several competitive seats strongly Republican while allowing Democrats to make a sinecure out of the seat of Rep. Gerry Connolly, who barely won in 2010.

Around the country, comparable deals will be cut by pols intent on protecting each other or maximizing the number of seats a party controls (in a way that distorts the actual partisan balance in the state). Thanks to the Supreme Court, the only restraint, other than adhering to the requirements of the Voting Rights Act, is to make sure that all the districts are virtually equal in population. With the aid of sophisticated software, the one-person, one-vote rule allows ample scope for the self-interested manipulation of district boundaries.

Politicians could get away with this in the past because few others had access to the tools to create districts using official census data and past election returns.

No more.

Michael McDonald of George Mason University and Micah Altman of the Institute for Quantitative Social Science at Harvard, working in conjunction with our two think tanks, have created the Public Mapping Project, an open-source software package that enables anybody to create districts for any state that balance such desirable qualities as compactness and the protection of communities of interest with competitiveness and partisan fairness, all while satisfying one-person, one-vote and the Voting Rights Act.

The first important use of the software is coming in Virginia. To his credit, Gov. Bob McDonnell (R) has created an independent redistricting commission that can recommend more objective and public-interest-oriented plans than the ones produced by the pols. Unfortunately, McDonnell’s commission has no teeth beyond its public profile and ability to showcase plans that can point up, by their quality, the folly of rigged plans. The commission has agreed to give serious weight to the best plans produced by a competition created by George Mason and Christopher Newport universities. Teams of students from 13 colleges and universities in Virginia produced 57 plans for Congress, the House of Delegates and the state Senate. Unlike the plans politicians are crafting behind closed doors, all of the student plans are online (at districtbuilder.varedistrictingcompetition.org).

The two of us judged the plans (awards will be presented in Richmond on Tuesday) and were deeply impressed with what these students — most of them undergraduates but including a team from William and Mary Law School — accomplished. They weighed how to draw district maps that respected federal and state requirements without bending to the interests of incumbent officeholders or political parties. They created two sets of maps: one, through a politically blind process that prioritized contiguous and compact districts respecting Virginia’s communities of interest, including cities and counties, and sensitive to the representation of minorities; the other, by adding to these standards an explicit effort to create as many competitive districts as possible and to fairly reflect public support for the two parties. This was not easy, given the substantial changes in Virginia’s population since the last census, the need to create districts that are virtually equal in population and the trade-offs required when redistricting criteria conflict.

The best student plans show that it is possible to create more legitimate and responsive districts — and that with the right tools, citizens anywhere can create better plans to choose their representatives than the representatives do to protect their own careers. While politicians may fight to keep the process closed, the tools are available to enable us to do better. Virginia’s college students have demonstrated that. The challenge is to replicate their efforts across the country and to harness informed and empowered public participation to improve the quality of our democracy.

       

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.

Listen to the interview or read the full transcript at thedianerehmshow.org »

       

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.

       

Every decade since 1790, a census of the entire U.S. population is used by state governments to apportion representatives in the U.S. House of Representatives. But the redrawing of congressional districts that follows the census is an exercise in pure politics, says expert Thomas Mann. With the power to redistrict in the hands of incumbents in state legislatures, coupled with powerful mapping technologies, a state’s representation in Congress often bears little relation to the actual partisan makeup of its population, he says.

Video

• Redistricting: Pure Politics

Audio

• @ Brookings Podcast: Redistricting for Political Gains

       

The special election in California and the beginning of the recall process in Wisconsin are only the start of what promises to a be a hyper-partisan election. On July 13, Thomas Mann answered your questions on the new forces at work in the political landscape, in a live web chat moderated by POLITICO Senior Editor David Mark.

The transcript of this chat follows.

David Mark: Welcome to the chat, let's get started.

12:30 Comment From Brooke: Were you surprised by the results of California's special election?

12:32 Tom Mann: No, Hahn's 10 point victory was expected. This was less than the natural Democratic strength of the district and reflected the generously self-funded opposition campaign.

12:32 Comment From Travis: What's the significance of that CA seat remaining Democrat?

12:34 Tom Mann: Not much in the way of national significance. If anything, it's a step back for the Democrats, who in the last, NY special in a Republican district, pulled off a genuine upset, running substantially ahead of Obama and the party registration. But the Democrats avoided an upset in California, which would have been discouraging and distracting to them.

12:34 Comment From Yan: Can you explain what's going on in Wisconsin?

12:39 Tom Mann: No!! It's been a crazy year in my home state. Yesterday's six elections were not for real. They had fake Democratic candidates challenging the slated Democrats solely to delay the actual recall elections by a month. All of the "real" Democrats won and three or four of them have a good chance to defeat the incumbent Republican state senators on August. Next week on July 19 three Democratic incumbents will be on the ballot -- two facing fake candidates but one facing a Republican challenger. The latter is important, as are the August 16 elections featuring the other two Democratic incumbents. Bottom line-- Democrats need a net gain of three seats to take control of the State Senate and slow Governor Walker's agenda. Turnout was relatively high yesterday and control of the State Senate is genuinely up for grabs.

12:39 David Mark: Realizing that the lines aren't final, what's your sense about how effective the independent California redistricting commission has been in drawing districts that are potentially more competitive?

12:42 Tom Mann: It appears they have been successful in increasing the number of competitive districts. At the same time, they have boosted Democratic prospects for a seat gain and disappointed Hispanics who feel that their population growth in the state has not been reflected in the Commission's maps. I suspect some significant revision in the plans that are finally released by the Commission and if necessary, an appeal to the courts.

12:42 Comment From Henry: What do you expect from the next election cycle?

12:47 Tom Mann: I believe the presidency and control of both House and Senate are up for grabs. It will be a very high stakes election with huge warchests. (Obama and the DNC together raised $86 million in the second quarter, which dwarfs what the Republican candidates combined have raised.) But both parties will be well-funded in the presidential and congressional races. At this point, I'd say Obama probably has the best prospect of winning; same is true of Republicans taking the Senate and holding the House. But it is early; the economic climate remains volatile; and events could overwhelm the present situation.

12:47 Comment From Danny (MD): What kind of a role do you see Super PACs playing in the next round of elections?

12:50 Tom Mann: The SuperPacs and their affiliated 501c organizations will be major players in the 2012 elections. Disclosure of donors will continue to diminish and large corporate and individual contributions will support extensive independent spending campaigns. Democrats have decided to follow the Republicans rather than fight them on campaign finance reform.

12:50 Comment From Danny (MD):What do you think about Stephen Colbert's Super PAC?

12:52 Tom Mann: Colbert is being Colbert. With his trusted legal advisor Trevor Potter, he is creating the PAC and testing the rules to educate the public about the inadequacy of campaign finance law and regulation. Political satire may be one of the more effective means of pushing political reform.

12:52 Comment From Bill in Va.: Beyond the immediate results of elections in California and Wisconsin, there are new laws in a lot of swing states that will seem to make it harder for certain people to cast their vote. Will these laws stand, or be challenged, and can they have an impact in the 2012 outcome?

12:56 Tom Mann: Election law in the States has sadly become yet another tool of partisan war. New voter ID laws have been passed in states controlled by Republicans but not in the others. I expect Democrats will gear up at the grassroots level to try to contest any efforts to deny access to the ballot of any of their legitimate voters. It all makes one yearn for the Australian compulsory voting system. Giving parties the incentive to depress turnout is downright depressing.

12:57 Comment From Ron: Just to step back from the specifics for a moment, how do you explain the very nasty tone of our politics these days...and what will it take to return some civility to the process?

1:00 Tom Mann: I'm not looking for civility any time soon. The ideological polarization of the parties and the partisan team play that now characterizes our politics and governance is deeply rooted in American society and reinforced by the new media. The populist Tea Party, with its certainty and righteous indignation, has been embraced by the Republicans in Washington and makes it almost impossible for politicians on opposite sides of the aisle to treat one another respectfully and work toward compromise.

1:00 David Mark: Thanks for the chat, everybody.

 

       

Often considered among the most self-interested and least transparent systems in American democracy, the decennial process to redraw legislative district boundaries is now in full swing. On Monday, experts will review the results coming in from the states and discuss initiatives—from public mapping to independent commissions—to open up redistricting. Thomas Mann explains how this round may be a start toward transparency.

       

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Full video archive of this event is also available via C-SPAN here.

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.

Video

• Full Event Video Archive

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• A Status Report on Congressional Redistricting

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• Uncorrected Transcript (.pdf)

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Executive Summary

During the first decade of the 21^st century the six states of the Mountain West — Arizona, Colorado, Idaho, Nevada, New Mexico, and Utah — experienced unprecedented political and demographic changes. Population growth in all six states exceeded the national average and the region is home to the four states that underwent the largest population gains between 2000 and 2010. As a consequence, the region is now home to some of the most demographically diverse and geographically concentrated states in the country— factors that helped to transform the Mountain West from a Republican stronghold into America’s new swing region. This paper examines the impact that increased diversity and density are exerting on reapportionment and redistricting in each Mountain West state and assesses the implications that redistricting outcomes will exert both nationally and within each state in the coming decade.  Nationally, the region’s clout will increase due to the addition of three seats in the House of Representatives (one each in Arizona, Nevada, and Utah) and electoral contexts in Arizona, Colorado, Nevada, and New Mexico that will result in competitive presidential and senate elections throughout the decade. At the state level, the combination of term limits, demographic change, and the reapportionment of state legislative seats from rural to urban areas will alter the composition of these states’ legislatures and should facilitate the realignment of policy outcomes that traditionally benefitted rural interests at the expense of urban needs.

Introduction

As reapportionment and redistricting plans across the 50 states are finalized and candidate recruitment begins in earnest, the contours of the 2012 election are coming into focus. One region of the country where reapportionment (redistributing seats to account for population shifts) and redistricting (drawing boundaries for state legislative and congressional districts) are likely to have significant consequences in 2012 and beyond is in the six states of the Mountain West: Arizona, Colorado, Idaho, Nevada, New Mexico, and Utah. Driven by explosive growth during the past decade, the Mountain West is now home to some of the most demographically diverse and geographically concentrated states in the country. As a consequence, the region has increasingly become more hospitable to Democrats, particularly Colorado, Nevada, and New Mexico and to a lesser extent Arizona. In this paper, I examine how these changes are affecting reapportionment and redistricting across the region. Specifically, after summarizing some of the key regional demographic and political changes, I offer a brief overview of the institutional contexts in which the maps are being drawn. This is followed by an assessment of outcomes in each state. I conclude with a discussion of the national and state level implications that reapportionment and redistricting are likely to engender across the Mountain West.

A Region in Transition

Between 2000 and 2010 population growth in all six Mountain West states outpaced the national average of 9.7 percent and the region contains the four states that experienced the largest percent population increase in the country (Nevada = 35.1 percent; Arizona = 24.6 percent; Utah = 23.8 percent, and Idaho = 21.1 percent).[i] As a consequence, Nevada and Utah each gained their fourth seats in the House of Representative and Arizona was awarded its ninth. Beginning with the 2012 election, the Mountain West will have 29 U.S. House seats (Idaho has two House seats, New Mexico has three, and Colorado has seven) and 41 Electoral College votes.

Across the Mountain West, population growth was concentrated in the region’s largest metropolitan statistical area (MSA).[ii] Most notably, the Las Vegas metro area is now home to nearly three out of four Nevadans — the mostly highly concentrated space in the region. In Arizona, roughly two-thirds of the population now resides in the Phoenix MSA, which grew by nearly 30 percent. The Albuquerque MSA experienced the largest overall increase as a share of total population (nearly 25 percent) and now contains 44 percent of New Mexico’s population. And while Idaho remains the state in the region with the least dense population, growth in the Boise MSA significantly outpaced that state’s overall population gain and nearly 40 percent of all Idahoans reside in and around Boise. On the other end of the spectrum are the Salt Lake City and Denver MSAs, which as shares of the Colorado and Utah populations decreased slightly from 2000. Still, better than half (50.57 percent) of all Coloradoans live in Denver and its suburbs and around 41 percent of Utah’s population is concentrated in the Salt Lake City MSA.

In addition to further urbanizing the region, the prior decade’s growth continued to transform the region’s demographics as all six Mountain West states are now more ethnically diverse as compared to a decade ago.[iii] The largest changes occurred in Nevada where the minority population increased by over 11 percent and now better than 45 percent of Nevadans are classified as non-white. While the bulk of this growth was among Hispanics, whose share of the population increased by 7 percent and are now 26.5 percent of all Nevadans, the Silver State also recorded large increases among Asian and Pacific Islanders. Arizona experienced similar increases as that state’s minority population mushroomed from 36.2 percent to 42.2 percent with Hispanics now constituting 30 percent of the population. In Colorado, the minority population increased by 3.5 percent to 30 percent. Nearly all of this change was caused by an increase in Hispanics, who now constitute 20.7 percent of the state’s population. New Mexico continues to be the Mountain West’s most diverse state as nearly three out of five New Mexicans are minorities and the state contains the region’s largest Hispanic population (46 percent). And while Idaho and Utah remain overwhelmingly white, both states’ non-white populations grew at levels similar to Colorado. Idaho is now 16 percent non-white (including a Hispanic population of 11.2 percent) and nearly one in five Utahans is a minority. Between 2000 and 2010, Hispanics increased by 4 percent to constitute 13 percent of Utah’s population.

Politically, these changes helped to create competitive electoral contexts across the region. Indeed, with the obvious exceptions of Idaho and Utah, the Mountain West is now more hospitable to the Democratic Party than it was in 2000. In particular, Democrats were able to make significant gains in Colorado, Nevada, and New Mexico and effectively flipped those states from Republican leaning in 2000 to Democratic leaning in 2010. In Arizona, the Democratic performance was highly variable and moved in near perfect tandem with the broader national political environment. At the same time, the downturn in Democratic support in 2010 indicates that the party has not yet consolidated its gains. Riding a favorable 2010 macro-environment, Mountain West Republicans gained one governorship (New Mexico), seats in ten of the region’s 12 state legislative chambers, and seven House seats (out of a total of 26 in the region).[iv] Thus, heading into the 2011 redistricting cycle, Republicans control the executive and legislative branches in Arizona, Idaho, and Utah and there are no Mpuntain West states where the Democrats have unified control as the partisan composition of the Colorado legislature is divided and Nevada and New Mexico have Republican governors and Democratic legislatures.

The Institutional Context

Because of variation in the institutional arrangements governing how each state approaches reapportionment and redistricting, the impact that the demographic and political changes outlined above are exerting on map drawing differs across the region. To be sure, there are a number of commonalities across the states such as requirements of equally populated U.S. House districts, minimum population variation for state legislative districts, and boundary lines that are compact, contiguous, and maintain communities of interests. 

Beyond these constraints, mapmakers across the region are afforded different degrees of latitude in how they go about doing their work. For instance, in Nevada and New Mexico, the residency of incumbents can be considered, while Idaho forbids it. Idaho allows for twice as much inter-district population variation for state legislative districts as Colorado and New Mexico, and Idaho only allows state legislative districts to cross county lines if the counties are linked by a highway. Arizona and Idaho mandate that two lower chamber districts be nested within the boundaries of a state senate seat, while Colorado, Nevada, New Mexico, and Utah do not. Nevada also allows for multi-member member state legislative districts. Lastly, Arizona’s redistricting plans must be pre-cleared by the U.S. Department of Justice. While Arizona is the only state in the region subject to preclearance, protection of minority voting rights also has been a point of contention in prior redistricting cycles in New Mexico.

The Mountain West states also vary in terms of who oversees the redistricting process. State legislators control the process in Nevada, New Mexico, and Utah, while Arizona and Idaho use commissions. In Colorado, the General Assembly draws the map for the state’s seven U.S. House seats, while a commission oversees the drawing of state legislative maps. For the three states that use commissions for either all or part of their processes, commission size and composition differs significantly and only the Arizona Independent Redistricting Commission (AIRC) is charged with drawing maps that are competitive.[v] 

However, the most significant constraint on reapportionment and redistricting in the Mountain West is the small size of the region’s state legislatures.[vi] The mix of small chambers, increased urbanization, and large geographic spaces means very large and increasingly, fewer and fewer stand- alone rural districts. This dynamic also helps to explain the region’s history of malapportionment that often allocated seats by county regardless of population.[vii] 

State Summaries

Based upon the overview presented above, expectations about the general contours of reapportionment and redistricting in the Mountain West are fairly straightforward: the clout of urban and minority interests will increase and to the degree that those factors benefit the Democrats, the Democrats should gain some partisan advantage. Realizing these outcomes, however, has proven to be less than amicable. With the exception of Utah, all other states in the region have had various aspects of their processes litigated, and map drawing for Colorado’s U.S. House seats and all of Nevada and New Mexico’s redistricting is being completed in state courts. Below, I summarize the status of reapportionment and redistricting in each state.

Arizona

Beginning its work amid criticism of its composition, calls for its abolishment, and an investigation by the Arizona attorney general, the voter-initiated Arizona Independent Redistricting Commission (AIRC) has struggled to balance the conflicting demands of drawing competitive districts with the protection of minority voting rights. The commission’s work has been further hindered by Republican Governor Jan Brewer’s unsuccessful attempt to impeach the commission’s nonpartisan chair. In addition, Arizona has filed a lawsuit in federal court challenging the state’s preclearance requirement.

Republican attempts to undermine the AIRC stem from the fact that given unified Republican control of the Arizona governorship and legislature, Republicans would otherwise be in a position to implement a partisan gerrymander. At the same time, the GOP’s present dominance is partially an artifact of the 2001 redistricting. To gain preclearance in 2001, the AIRC’s maps created a large number of majority-minority state legislative districts and minority-friendly U.S House seats by packing Democratic voters into these districts. In so doing, Democratic support in the surrounding districts was weakened; allowing Republicans to more efficiently translate their votes into seats.[viii] Thus, despite a slight partisan voter registration advantage (4.35 percent as of July 2011), Republicans presently hold more than two-thirds of the state legislative seats and five of eight U.S. House seats.

Given Arizona’s growth patterns between 2000 and 2010 coupled with the AIRC’s charge of creating competitive district, drawing a map as favorable to the GOP in 2011 is virtually impossible unless the size of the Arizona legislature is increased. Still, in order to protect minority voting rights, Arizona’s final maps are likely to tilt in favor of the GOP — just not to the degree that they have in the past. In particular, the elimination and consolidation of rural state legislative districts and a more urban orientation for Arizona’s nine U.S. House districts should provide the Democrats with electoral opportunities that will only increase as Arizona’s population continues to diversity and urbanize.

Colorado

As noted above, Colorado uses a commission (the Colorado Redistricting Commission) for redistricting state legislative seats and the Colorado General Assembly draws the maps for the state’s seven U.S. House seats. Neither process has gone smoothly. For the state’s seven U.S. House seats, the Democratic-dominated state senate and the Republican-controlled lower chamber failed to find common ground after exchanging two rounds of maps. Because Democratic governor John Hickenlooper refused to call a special session, redistricting of Colorado U.S. House seats was completed in state court. After a good deal of legal wrangling, the Colorado Supreme Court upheld a map favored by Colorado Democrats that creates two safe Republican districts, one safe Democratic district, and four districts where neither party’s registration advantage exceeds 4 percent. As a consequence, Colorado will feature a number of competitive U.S. House elections throughout the coming decade.

Map drawing for state legislative seats by the CRC has also been hindered by partisanship. Hoping to break a partisan stalemate, in late summer the nonpartisan chair of the CRC offered maps that combined parts of prior Democratic and Republican proposals to create thirty-three competitive seats (out of a total of 100) and twenty-four seats with Hispanic populations of 30 percent or more. After being approved by the CRC with some Republican dissents, the plan was rejected by the Colorado Supreme Court, which must sign-off on the CRC’s plans before they can be implemented. By attempting to draw more competitive maps — a criterion that the CRC is not obligated to consider – the CRC’s maps undermined its charge of producing districts that keep communities of interest intact. The CRC’s second set maps, which were widely viewed as favoring the Democrats, were upheld by the Colorado Supreme Court.

Idaho

While partisan considerations have loomed large in the reapportionment and redistricting processes in Arizona and Colorado, in Republican-dominated Idaho the main points of contention have been spatial. Indeed, because of the difficulty of satisfying a constitutional requirement limiting county splits and a state law constraining how geographic areas can be combined, the Idaho’s Citizen Commission for Reapportionment (ICCR) failed to reach an agreement before its constitutionally imposed deadline. After sorting through a number of legal and constitutional questions, a second set of commissioners were impaneled and completed their work in less than three weeks. Given Idaho’s partisan composition, the final maps are a regional anomaly as they benefit the GOP while being somewhat more urban oriented. This was accomplished by moving rural Republican voters into urban Democratic state legislative districts and adjusting the lines of Idaho’s 1st House district to shed roughly 50,000 citizens. At the same time, because of Idaho’s strict constraints on how cities and counties can be divided, the map for the state legislature paired a number of incumbents in the same district and one district contains the residences of five incumbents, setting up a number of competitive primary elections.

While growth patterns and demographic and partisan change in Nevada between 2000 and 2010 insured a redistricting process that would favor Democrats, Nevada Republicans sought to delay this inevitability as long as possible. The state’s Republican governor, Brian Sandoval, vetoed two sets of maps passed by the Democratic controlled legislature and Sandoval refused to call a special session to complete redistricting. Instead, he and his party hoped for a better outcome in state court. Despite drawing a supervising judge who was the son of a former Republican Governor, Nevada Republicans fared no better in state court. Ultimately, the process was turned over to three special masters who rejected Nevada Republicans’ claim that section 2 of the Voting Rights Act required a majority Hispanic U.S. House district.[ix] As a consequence, two of Nevada’s U.S. House seats favor Democrats, one is safely Republican, and the fourth is a swing district. In the Nevada legislature the representation of urban interests will increase as parts of or all of forty-seven of the sixty-three seats in the Nevada legislature are now located in the Democratic stronghold of Clark County. 

New Mexico

The 2011 process in New Mexico has essentially been a rerun of the gridlock that engulfed the state’s 2001 redistricting debate. Once again, the Democrats sought to use their control over both chambers of the New Mexico legislature to preserve their majorities and draw the boundaries for the state’s three U.S. House seats in manner favorable to the party. However, because of bickering among Democrats the legislature failed to approve its map for the state’s three U.S. House seats prior to the end of the special session and the plans for the state legislature that were passed on party line votes were vetoed by Republican governor Susana Martinez. Thus, once again, New Mexico’s divided state government coupled with the state’s history of litigating redistricting plans (in 2001 map drawing and court battles cost the state roughly $3.5 million) means that redistricting will be completed in state court. While the Republicans may be able to gain some concessions through the courts, New Mexico is the most Democratic state in the Mountain West and, as noted above, the state’s growth during the prior decade was concentrated in heavily Democratic Albuquerque and its suburbs. Thus, as in 2001, the likely outcome in New Mexico is a redistricting plan that will be favorable to the Democrats and weaken the influence of rural interests.

Utah

Utah is the only state in the region where conditions exist (e.g., unified partisan control in a non-commission state) for the implementation of a partisan gerrymander. However, to accomplish this end required the slicing and dicing of communities and municipalities particularly those in and around the state’s urban center. Most notably, in drawing the state’s four U.S. House seats, Republicans divided the Utah’s population center (Salt Lake City County) into four districts by combining parts of the urban core with rural counties - a plan that, not coincidentally, cracks the only part of the state where Democrats are able to compete. Similarly, maps for state legislative districts increase the number of seats that favor the GOP and, in many instances, protect incumbents from potential primary challengers by dividing communities into multiple districts. Democrats in Utah are so depleted that they were unable to get the Republicans to even agree to include recognition and protection of minority communities of interest to in Utah’s redistricting guidelines. Thus, despite constituting nearly 20 percent of the state’s population, minorities received no consideration in Utah’s 2011 redistricting.

Implications and Conclusions

Reapportionment and redistricting are often regarded as the most political activities in the United States; an expectation that is certainly being realized across the Mountain West. In the swing states where legislators draw the maps (for example, Colorado, Nevada, and New Mexico) but where state government is divided, partisan considerations loomed large, causing all of these states to conclude all or parts of their redistricting processes in the courts. The conflicts between Arizona’s preclearance requirement and the AIRC’s commitment to drawing competitive districts have partisan consequences as well. In one-party Idaho and Utah, the politics of space were at issue.  Geographic constraints on district boundaries imposed through statute and the Idaho constitution ensured that more rural seats were preserved and that the growing influence of urban interests will be checked. In Utah, Republicans moved in the opposite direction by carving up the very communities from which they are elected in order to implement a partisan gerrymander. 

Another school of thought, however, argues that the most typical redistricting outcome is not partisan gain or loss, but an uncertainty that shakes up the state political environment and facilitates political renewal. In the case of the Mountain West, there is evidence to support that claim as well. The biggest source of uncertainty will continue to be growth. While the economic downturn has slowed migration to the region, the Mountain West states remain poised to keep expanding in a manner that will further concentrate and diversify their populations. A second source of uncertainty is the region’s large number of nonpartisans. While redistricting is often framed as a zero-sum game played between Democrats and Republicans, the electoral hopes for either party hinges on its ability to attract the support of the region’s expanding nonpartisan demographic.[x] 

At the state level, with the exception of Idaho, the most significant consequence will be a reduction in rural influence. The combination of term limits in Arizona, Nevada, and Colorado, small legislative chambers, and fast growing urban populations will continue to decrease the number of entrenched rural legislators and the number of stand-alone rural districts. Consequently, urban interests should be positioned to align state policy with demographic reality. The void created by the demise of rural legislators will be filled by minorities, particularly Hispanics. To date, the increased political activism of Hispanic communities across the region has primarily benefited Democrats; helped in no small part by the hard-line rhetoric and policies championed by some Mountain West Republicans.[xi] More generally, depending on growth patterns, by 2020 Nevada and perhaps Arizona may join New Mexico as states with majority-minority populations. Thus, with or without Section 2 of the Voting Rights Act, minority legislators, primarily Hispanics, will increase their ranks significantly. The only question is whether all of these politicians will be taking office with a “D” next to their names or whether some will be elected as Republicans.  

Nationally, the impact of reapportionment and redistricting is mixed. Certainly, the addition of three U.S. House seats after the 2010 census will give more voice to regional issues in Washington D.C. At the same time, because the Mountain West’s House delegation will continue to be split along partisan lines and many of the region’s competitive House seats will rotate between the parties throughout the decade, it may be difficult for any but the safest Mountain West representatives to accrue the requisite seniority to become players in the House. Also, because of pending retirements in Arizona and New Mexico, a successful 2010 primary challenge in Utah, and a resignation in Nevada, the region’s influence in the U.S. Senate is likely to decline in the near term. Indeed, after the 2012 election the only senators from the region who will have served more than one term will be Nevada’s Harry Reid, Arizona’s John McCain, Idaho’s Mike Crapo, and Utah’s Orrin Hatch (presuming a successful 2012 reelection).

Thus, the arena where the region is likely to garner the most attention is in the coming decade’s three presidential elections. Colorado, Nevada, and New Mexico were all battleground states in 2004 and 2008, with Republican George W. Bush narrowly winning all three in 2004 and Democrat Barack Obama flipping them blue in 2008 by wider margins. Obviously, Idaho and Utah will remain out of reach for the Democrats in statewide contests for some time.  However, Arizona is likely to become the region’s fourth swing state in the near future. Thus, continued investment in Arizona and throughout the region will allow the Democrats to further expand the number of Mountain West states in play while forcing the GOP to spend resources to defend turf that it once could safely call its own.

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• The Impact of Density and Diversity on Reapportionment and Redistricting in the Mountain West

       

One year from the 2014 midterm congressional elections, the Center for Effective Public Management will host a panel previewing those races. Joining CEPM scholars Elaine Kamarck and John Hudak are Charlie Cook (Cook Political Report), Susan Page (USA Today), and Robert Boatright (Clark University).

Join us at 10AM for a live webcast of the event. We will discuss the congressional elections, gubernatorial races, and what the implications are for policymaking in the coming years.

We welcome questions via Twitter using the hashtag #2014Midterms.

       

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.

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

       

INTRODUCTION

Elections that follow dramatic downfalls of authoritarian regimes present policymakers with difficult choices. They are an opportunity to establish a sound basis for democratization, putting in place institutions and strengthening actors that help guarantee free and fair elections. Yet such elections are part of a high-stakes conflict over the future that takes place in a context of enormous uncertainty, as new actors emerge, old elites remake themselves, and the public engages in politics in new and unpredictable ways.

Assisting elections in the Arab world today is made more challenging by two factors that have thus far distinguished the region from others. First, transitions are made more difficult by extraordinarily strong demands to uproot the old regime. Fears that former regime elements will undermine ongoing revolutions along with demands for justice after decades of wrongdoing invariably create pressures to exclude former elites. In other regions, reformers within autocratic regimes, like Boris Yeltsin and South Africa’s F.W. DeKlerk, split from hardliners to spearhead reforms, muting demands for excluding old regime allies writ large. In the Middle East, however, old regime elites have been unable to credibly commit to reforms, partly given decades-long histories of empty promises and oppositions that remain largely determined to accept nothing less than Ben Ali-like departures. Room for compromise is difficult to find.

Second, for an international community hoping to support Arab transitions, widespread distrust of outside forces compounds these problems. Such distrust is inevitable in all post-colonial states; however, skepticism is particularly high in the Arab world, especially toward the United States. Cynicism about American intentions has been fed by U.S. support for Israel, its continued backing of Arab autocrats for nearly two decades after the Cold War, and, more recently, its unwillingness to take stronger stands against Mubarak, Asad, and others early on in the uprisings. Even if transitioning elites believe international expertise can help smooth the election process and enhance faith in the outcomes, they find it difficult to embrace in the context of heightened nationalism and a strong desire to assert sovereignty.

In light of these challenges, this paper explores how the international community can best engage in “founding” elections in the Arab world. Examining Egypt and Tunisia, the first two Arab states to hold elections, it focuses on challenges in leveling the playing field, managing electoral processes, and creating just and sustainable outcomes. These cases are undoubtedly unique in many ways and – as in any transition – remain in flux. Nevertheless, examining their early experience yields insights into how international actors can best approach those cases that may follow (e.g., Libya, Syria, and Yemen).

Most notably, these cases suggest that the democracy promotion community should approach first elections differently than it does subsequent ones. It should prioritize different goals and activities, in some cases even leaving off the agenda well-intentioned and generally constructive programs in order to focus on more urgent activities critical to strengthening electoral processes. Recognizing the enormous fear and uncertainty with which democrats approach first elections, international actors should resist the understandable urge to seek immediate, permanent democratic arrangements and “favorable” electoral outcomes. They should also encourage revolutionary forces to resist understandable, but counterproductive, urges to exclude allies of the former regime from new democratic processes. Rather, democracy promoters should suggest interim measures, encourage tolerance toward “unfavorable” results, and, in so doing, support democrats as they make their way through a long, imperfect process.

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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)
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Nearly three years after the fall of the Qaddafi regime, Libya’s revolution has stalled. Militias continue to run rampant as the government struggles to perform basic functions. Theoretically to protect the revolution, Libya passed its Political Isolation Law (PIL) in May 2013, effectively banning anyone involved in Qaddafi’s regime from the new government. The law has raised serious questions: Does it contribute to effective governance and reconciliation? Does it respect human rights and further transitional justice? Will it undermine Libya’s prospects for a successful democratic transition?

In this Brookings Doha Center-Stanford "Project on Arab Transitions" Paper, Roman David and Houda Mzioudet examine the controversy over Libya’s PIL and the law’s likely effects. Drawing on interviews with key Libyan actors, the authors find that the PIL has been manipulated for political purposes and that its application is actually weakening, not protecting, Libya. They caution that the PIL threatens to deprive Libya of competent leaders, undermine badly needed reconciliation, and perpetuate human rights violations.

David and Mzioudet go on to compare the PIL to the personnel reform approaches of Eastern European states and South Africa. Ultimately, they argue that Libyans would be better served if the PIL were replaced with a law based on inclusion rather than exclusion and on reconciliation rather than revenge. They maintain that Libya’s democratic transition would benefit from an approach that gives exonerated former regime personnel a conditional second chance instead of blindly excluding potentially valuable contributors.

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The U.S. military will carry out a major modernization of its strategic nuclear forces in the 2020s.

It will cover all three legs of the strategic triad.

Much of the planned program makes sense. The long-range standoff (LRSO) — a new nuclear-armed cruise missile to outfit strategic bombers — does not.

The primary reason for the modernization program is that many US strategic weapons systems are aging out, and American policy is that, as long as there are nuclear weapons, the United States will maintain a safe, secure and robust nuclear deterrent.

The Ohio-class ballistic missile submarines will begin to hit the end of their service life in the late 2020s, and the Navy will need new submarines. Submarines and submarine-launched ballistic missiles (SLBMs) make up the most survivable leg of the triad, and they carry the bulk of deployed US strategic warheads.

The service life of the Minuteman III intercontinental ballistic missile (ICBM) runs out in 2030. The Air Force seeks a replacement ICBM. At a minimum, keeping an ICBM leg of the triad would require another life extension program for existing Minuteman III missiles.

As for the air-breathing leg of the triad, the Air Force wants to procure 80 to 100 B-21 bombers. Plans are shrouded in secrecy but reportedly will incorporate stealth features and advanced electronic warfare capabilities to allow the aircraft to penetrate contested air space. The Air Force is also modernizing the B61 nuclear gravity bomb for use on strategic bombers.

One can and should question the Pentagon’s desired numbers for these programs. That is especially the case given the projected costs of strategic modernization, which Pentagon officials openly admit they do not know how to fund.

It is not clear why the United States will need to replace 400 deployed ICBMs on a one-for-one basis, particularly as the Air Force several years ago was prepared to go down to 300. A force of 200-300 ICBMs would suffice and result in significant cost savings. Likewise, one can challenge the requirement for 12 new ballistic missile submarines, as opposed to nine or 10.

The biggest question, however, arises over the LRSO, with a projected cost of $20 billion to $30 billion. The Air Force originally developed nuclear-armed air-launched cruise missiles (ALCMs) in the 1970s because the B-52 — then the mainstay of the strategic bomber fleet — presented a big target for adversary radars. That would make it hard for the aircraft to penetrate air defenses. A B-52 armed with ALCMs could remain outside of radar range and release its cruise missiles.

The B-2, with its stealth features, was designed to restore a penetrating capability. The Air Force plans to use stealth and electronic warfare capabilities to give the B-21 a penetrating capability as well. If these bombers can defeat and penetrate air defenses, that makes the LRSO redundant. (Moreover, unlike in the 1970s, the Air Force today has very capable long-range conventionally armed cruise missiles that provide a standoff capability for bombers.)

If, on the other hand, the stealth of the B-21 will be compromised in the not-too-distant future, then one has to question the wisdom of spending $60 billion to $80 billion — and perhaps more — to procure the B-21. If we believe the B-21 would soon encounter problems penetrating air defenses, scrap that program. Buy instead modified Boeing 767s, a variant of which will serve as the Air Force’s new aerial tanker, and arm them with the LRSO.

The Air Force’s evident attachment to the B-21 suggests, however, that it believes that the aircraft will be able to defeat adversary air defenses for some time to come. That means that the LRSO would add little capability to the US strategic force mix.

If one were to argue for the redundant capability provided by the LRSO, the number of new ALCMs that the Pentagon proposes to purchase — 1,000 to 1,100 — is difficult to understand. Even allowing for extra cruise missiles for test purposes, the number seems excessively high.

In its 2010 annual report to Congress on implementation of the Strategic Offensive Arms Reduction Treaty (SORT), the State Department advised that, as of Dec. 31, 2009, the United States had 1,968 operationally deployed strategic nuclear warheads. That figure captured the actual number of nuclear warheads atop SLBMs and ICBMs plus the number of nuclear bombs and ALCMs at air bases for use by bombers.

On June 1, 2011, a State Department fact sheet showed the number of deployed US strategic warheads as 1,800 as of Feb. 5, 2011, when the New Strategic Arms Reduction Treaty (New START) went into force. A Dec. 1, 2011, fact sheet provided a more detailed breakdown of US strategic forces. It stated that, as of Sept. 1, 2011, the United States had 1,790 deployed strategic warheads and 125 deployed strategic bombers. Like SORT, New START counts each warhead on a deployed ballistic missile as a deployed warhead. But New START counts bomber weapons differently from SORT. New START attributes each deployed bomber as one warhead, regardless of the number that it can carry or the number of weapons that may be at bomber bases.

The 125 deployed bombers on Sept. 1, 2011, would have counted as 125 under New START’s deployed strategic warhead total. Reducing 1,790 by 125 yields 1,665 — the number of deployed warheads then on US SLBMs and ICBMs.

Comparing the SORT and New START numbers is a bit of an apples-and-oranges comparison, but it gives some idea of the number of bomber weapons at US strategic bomber bases. Unless there was a dramatic increase in the number of warheads on ICBMs and SLBMs between the end of 2009 and September 2011 — and there is no reason to think that there was — comparing SORT’s 1,968 figure (end of 2009) to the 1,665 deployed warheads on ICBMs and SLBMs (under New START counting rules in September 2011) suggests some 300 nuclear bombs and ALCMs were at bomber bases. The B-2s would have been armed with bombs, which indicates a maximum of 200-250 ALCMs. The Federation of American Scientists (FAS) also estimates that there are about 300 nuclear weapons at strategic bomber bases, of which 200 are nuclear-armed ALCMs. FAS believes an additional 375 ALCM airframes are held in reserve.

This comparison raises the question: Why would 1,000-1,100 ALCM airframes be needed to support a couple of hundred deployed ALCMs?

The United States should sensibly modernize its strategic deterrent, particularly in a time of tight defense budgets. The case for the LRSO is demonstrably weak, especially for the planned size of the program. The LRSO should be shelved.

This piece was originally published in Defense News.

      

Event Information

The Joint Comprehensive Plan of Action (JCPOA) adopted by Iran and the P5+1 partners in July 2015 was an effort not only to prevent Iran from acquiring nuclear weapons but also to avert a nuclear arms competition in the Middle East. But uncertainties surrounding the future of the Iran nuclear deal, including the question of what Iran will do when key JCPOA restrictions on its nuclear program expire after 15 years, could provide incentives for some of its neighbors to keep their nuclear options open.

In their Brookings Arms Control and Non-Proliferation Series monograph, “The Iran Nuclear Deal: Prelude to Proliferation in the Middle East?,” Robert Einhorn and Richard Nephew assess the current status of the JCPOA and explore the likelihood that, in the wake of the agreement, regional countries will pursue their own nuclear weapons programs or at least latent nuclear weapons capabilities. Drawing on interviews with senior government officials and non-government experts from the region, they focus in depth on the possible motivations and capabilities of Egypt, Turkey, Saudi Arabia, and the United Arab Emirates for pursuing nuclear weapons. The monograph also offers recommendations for policies to reinforce the JCPOA and reduce the likelihood that countries of the region will seek nuclear weapons.

On May 31, the Brookings Arms Control and Non-Proliferation Initiative hosted a panel to discuss the impact of the JCPOA on prospects for nuclear proliferation in the Middle East. Brookings Senior Fellow and Deputy Director of Foreign Policy Suzanne Maloney served as moderator. Panelists included H.E. Yousef Al Otaiba, ambassador of the United Arab Emirates to the United States; Derek Chollet, counselor and senior advisor for security and defense policy at the German Marshall Fund; Brookings Senior Fellow Robert Einhorn; and Brookings Nonresident Senior Fellow Richard Nephew.

Join the conversation on Twitter using #IranDeal

Video

• Introduction
• Discussion

Audio

• The Iran nuclear deal: Prelude to proliferation in the Middle East?

Transcript

• Uncorrected Transcript (.pdf)

Event Materials

• 20160531_iran_nuclear_deal_transcript

      

      

In last summer’s congressional debate over the Iran nuclear deal—the Joint Comprehensive Plan of Action (JCPOA)—one of the more hotly debated issues was whether the deal would decrease or increase the likelihood that countries in the Middle East would pursue nuclear weapons.

Supporters of the JCPOA argued that, by removing the risk of a nuclear-armed Iran, it will reduce incentives for countries of the region to acquire nuclear arms. Opponents of the deal—not just in the United States but also abroad, especially Israel—claimed that the JCPOA would increase those incentives because it would legitimize enrichment in Iran, allow Iran to ramp up its nuclear capacity when key restrictions expire after 10 and 15 years, and boost the Iranian economy and the resources Iran could devote to a weapons program.

I strongly believe the JCPOA will significantly reduce prospects for proliferation in the Middle East (and as my colleague Richard Nephew explains in another post out today, there are things the United States and other powers can do to help reduce that prospect further). But uncertainties about the future of the JCPOA and the region will persist for quite some time—and these uncertainties could motivate regional countries to keep their nuclear options open. They may ask themselves a variety of questions in the years ahead: Will the JCPOA be sustainable over time? Will it unravel over concerns about compliance? Will it withstand challenges by opponents in Tehran and Washington? Will it survive leadership transitions in the United States and Iran? Will Iran ramp up its fissile material production capacities when key restrictions expire? Will it then break out of the JCPOA and seek to build nuclear weapons? Will Iran continue to threaten the security of its neighbors in the years ahead? And will the United States maintain a strong regional military presence and be seen by its partners as a reliable guarantor of their security?

I strongly believe the JCPOA will significantly reduce prospects for proliferation in the Middle East.

Richard and I studied how these and other questions might affect nuclear decision-making in the Middle East. In particular, we evaluated the likelihood that key states will pursue nuclear weapons, or at least enrichment or reprocessing programs that could give them a latent nuclear weapons capability. We focused on four states often regarded as potential candidates to join the nuclear club: Saudi Arabia, the United Arab Emirates, Egypt, and Turkey.

Saudi Arabia

Of the four, Saudi Arabia is the most highly motivated to pursue nuclear weapons. It sees Iran as an implacable foe that is intent on destabilizing its neighbors, achieving regional hegemony, and upending the Kingdom’s internal order. At the same time, the Saudis have lost much confidence in the U.S. commitment to the security of its regional partners. In part as a result, the new Saudi leadership has taken a more assertive, independent role in regional conflicts, especially in Yemen. But despite their reservations about the United States, the Saudis know they have no choice but to rely heavily on Washington for their security—and they know they would place that vital relationship in jeopardy if they pursued nuclear weapons.

The Saudis clearly have sufficient financial resources to make a run at nuclear weapons. But acquiring the necessary human and physical infrastructure to pursue an indigenous nuclear program would take many years.

Given the Kingdom’s difficulty in developing an indigenous nuclear weapons capability, speculation has turned to the possibility that it would receive support from a foreign power, usually Pakistan, which received generous financial support from Saudi Arabia in acquiring its own nuclear arsenal. But while rumors abound about a Pakistani commitment to help Saudi Arabia acquire nuclear weapons, the truth is hard to pin down. If such a Saudi-Pakistani agreement was ever reached, it was probably a vague, unwritten assurance long ago between a Pakistani leader and Saudi king, without operational details or the circumstances in which it would be activated. In any event, the Saudis would find it hard to rely on such an assurance today, when Pakistanis are trying to put the legacy of A.Q. Khan behind them and join the international nonproliferation mainstream. 

United Arab Emirates (UAE)

Like Saudi Arabia, the UAE believes Iran poses a severe threat to regional security and has become more aggressive since the completion of the JCPOA. And like the Saudis, the Emiratis have lost considerable confidence in the reliability of the United States as a security guarantor. But also like the Saudis, the Emiratis are reluctant to put their vital security ties to the United States in jeopardy.

[L]ike the Saudis, the Emiratis have lost considerable confidence in the reliability of the United States as a security guarantor.

Moreover, the Emiratis are heavily invested in their ambitious nuclear energy program—with efforts currently underway, with the help of a South Korean-led consortium, to construct four nuclear power reactors—and they know this project would be dead in the water if they opted for nuclear weapons.

The Emiratis have also been a leading regional supporter of nonproliferation. In their bilateral agreement for civil nuclear cooperation with the United States, they formally renounced the acquisition of enrichment or reprocessing capabilities (the so-called “gold standard”), effectively precluding the pursuit of nuclear weapons. After the JCPOA permitted Iran to retain its enrichment program, the UAE, faced with criticism domestically and from some Arab governments for having given up its nuclear “rights,” said it may reconsider its formal renunciation of enrichment. But subsequently, Emirati officials have made clear that their nuclear energy plans have not changed and that they have no intention to pursue enrichment or reprocessing.

Egypt

Egypt is on everyone’s short list of potential nuclear aspirants—in part because of its former role as leader of the Arab world and its flirtation with nuclear weapons in the Gamal Abdel Nasser years. But while Egypt and Iran have often been regional rivals, Egypt does not view Iran as a direct military threat. Instead, Egypt’s main concerns include extremist activities in the Sinai, the fragmentation of Iraq and Syria, disarray in Libya—and the adverse impact of these developments on Egypt’s internal security. The Egyptians recognize that none of these threats can be addressed by the possession of nuclear weapons.

Although Russia is committed to work with Egypt on its first nuclear power reactor, Cairo’s nuclear energy plans have experienced many false starts before, and there is little reason to believe the outcome will be different this time around, especially given the severe economic challenges the Egyptian government currently faces. Moreover, although Egypt trained a substantial number of nuclear scientists in the 1950s and 1960s, its human nuclear infrastructure atrophied when ambitious nuclear energy plans never materialized.

Turkey

Because of its emergence in the last decade as a rising power, its large and growing scientific and industrial basis, and its ambition to be an influential regional player, Turkey is also on everyone’s short list of potential nuclear-armed states. But Turkey has maintained reasonably good relations with Tehran, even during the height of the sanctions campaign against Iran. Although the two countries have taken opposing sides in the Syria civil war, Turkey, like Egypt, does not regard Iran as a direct military threat. Indeed, Ankara sees instability and terrorism emanating from the Syrian conflict as its main security concerns—and nuclear weapons are not viewed as relevant to dealing with those concerns.

Current tensions with Russia over Turkey’s November 2015 shoot-down of a Russian fighter jet are another source of concern in Ankara. But the best means of addressing that concern is to rely on the security guarantee Turkey enjoys as a member of NATO. While Turkish confidence in NATO has waxed and waned in recent decades, most Turks, especially in the military, believe they can count on NATO in a crisis, and they would be reluctant to put their relationship with NATO at risk by pursuing nuclear weapons.

Former nuclear aspirants

For the sake of completeness, our study also looked at regional countries that once actively pursued nuclear weapons but were forced to abandon their programs: Iraq, Libya, and Syria. But we concluded that, given the civil strife tearing those countries apart, none of them was in a position to pursue a sustained, disciplined nuclear weapons effort.

Bottom line

Our study found that the Iran nuclear deal has significantly reduced incentives for countries of the Middle East to reconsider their nuclear options. At least for the foreseeable future, none of them is likely to pursue nuclear weapons or even latent nuclear weapons capabilities—or to succeed if they do. 

Editors’ Note: Bob Einhorn and Richard Nephew spoke about their new report at a recent Brookings event. You can see the video from the event here.

      

When Iran and the P5+1 signed a deal over Tehran’s nuclear program last July, members of Congress, Middle East analysts, and Arab Gulf governments all warned that the agreement would prompt Iran’s rivals in the region to race for the bomb.

In a report that Bob Einhorn and I released this week, we assessed this risk of a so-called proliferation cascade. We look at four states in particular—Saudi Arabia, the United Arab Emirates, Egypt, and Turkey—and Bob briefly explores each case in another blog post out today. In the paper, we argue that although the likelihood of a proliferation cascade in the Middle East is fairly low, and certainly lower than a number of critics of the Iran deal would have you believe, it is not zero. Given that, here are eight steps that leaders in Washington should take to head off that possibility:

1. Ensure that the JCPOA is rigorously monitored, strictly enforced, and faithfully implemented;
2. Strengthen U.S. intelligence collection on Iranian proliferation-related activities and intelligence-sharing on those activities with key partners;
3. Deter a future Iranian decision to produce nuclear weapons;
4. Seek to incorporate key monitoring and verification provisions of the JCPOA into routine IAEA safeguards as applied elsewhere in the Middle East and in the global nonproliferation regime;
5. Pursue U.S. civil nuclear cooperation with Middle East governments on terms that are realistic and serve U.S. nonproliferation interests;
6. Promote regional arrangements that restrain fuel cycle developments and build confidence in the peaceful use of regional nuclear programs;
7. Strengthen security assurances to U.S. partners in the Middle East; and
8. Promote a stable regional security environment.

Taken together, these steps deal with three core challenges the United States faces in shoring up the nonproliferation regime in the region.

The first is that the central test of nonproliferation in the Middle East will come from how the JCPOA is believed to be meeting its core objective of preventing Iranian nuclear weapons development and Iranian establishment of regional hegemony. It cannot be stressed enough that the decision to pursue nuclear weapons by any state, including those in the region, starts with a sense of vulnerability to core security threats and an inability to address those threats through any other means. The history of nuclear proliferation is one of tit-for-tat armament in the face of overriding security imperatives. Both finished and aborted nuclear programs bear the hallmarks of a security dilemma impelling states to make the political, economic, and security investments into nuclear weapons.

This is no less true for countries across the region than for Iran. To the extent that the overall security environment can be stabilized, there will be less impetus for any Middle Eastern state to develop nuclear weapons. The United States should focus on:

• Fully implementing and enforcing all sides of the JCPOA (nuclear restrictions, transparency, and sanctions relief);
• Creating a strong sense of deterrence toward Iran, manifest most clearly in the passage of a standing Authorization to Use Military Force if Iran is determined to be breaking out toward acquisition of a nuclear weapon;
• Providing security assurances and backing them up with the mechanisms to make them actionable like joint exercises, logistical planning, and cooperation with a range of regional and extra-regional actors; and,
• Working to promote a more stable regional environment by seeking the resolution of simmering conflicts.

But, these latter two factors also point to another resonant theme in our research: the need for the United States to be a player. After decades of involvement in the region, the United States has yet to settle upon the right balance between involvement and remove. Yet, establishing this equilibrium is essential. States in the region need predictability in their affairs with the United States, including knowing the degree to which our assurances will stand the test of time.

States in the region need predictability in their affairs with the United States, including knowing the degree to which our assurances will stand the test of time.

In part for this reason, the United States should not only pursue deeper security relationships, but also civil nuclear cooperation with interested states throughout the region. Such a relationship both ensures a closer link between the United States and its partners and discourages the spread of enrichment and reprocessing technology by disincentivizing countries from “going it alone.” In the Middle East, the United States would need to find a formulation that offers some flexibility (such as by building in language that would permit the United States to terminate any nuclear cooperation arrangements in the face of sensitive fuel cycle development by the other side).

The United States should also share intelligence more closely with its partners in the region. This is helpful in the short term, of course, but also helps the United States understand the mindset of and intelligence picture of its regional partners in a broader sense. It also helps leaders in Washington address concerns brought about by unfounded rumors or speculation as to Iran’s intentions or capabilities.

Changing how we do business

Even more important than how the JCPOA was negotiated will be how we transition from its restrictions and transparency mechanisms into a new world in 15 to 20 years. 

The United States seek to incorporate elements of the JCPOA into normal international monitoring practices and should negotiate new arrangements to help govern the future development of nuclear technology in the region. 

To achieve the former, the IAEA will need to make some changes to how it does business. For example, the IAEA determines how best to implement its monitoring mission, contingent on acceptance by the country being inspected. The United States and its partners should work with the IAEA (and other countries with significant nuclear activities) to make some parts of the JCPOA standard operating practice, such as online monitoring of enrichment levels. Other elements of the JCPOA may require agreements at the IAEA and beyond for how nuclear-related activities, including those that could have value for nuclear weaponization, are handled. It might be hard to get agreement, not least because there is clear language in the JCPOA that states that it will not be seen as a precedent for future nuclear nonproliferation efforts. However, it should still be the ambition of the United States to make such steps part of the norm. 

A far more difficult lift would be organizing a regional approach to the nuclear fuel cycle. This is not the same as creating a multilateral fuel cycle, though some elements that approach would be helpful. Rather, the United States should find ways to craft regional agreements or, failing that, moratoria on aspects of the fuel cycle that others in the region would find threatening. It would be easier to negotiate constraints some aspects than others. For example, spent fuel reprocessing is rare in the Middle East, with only Israel having been known to do it to a significant degree. It may therefore be an attractive first place to begin. Enrichment would be altogether more difficult, but it may be possible to convince states in the region to forego the expansion of their enrichment programs beyond their status quo. For Iran, it would continue to possess uranium enrichment but with constraints that limit the utility of this program for weapons production; its incentive would be to avoid creating the rationale for regional competition. For other countries in the region, it would involve holding off on enrichment, but also on the financial and political investment enrichment would involve—as well refraining from creating a security dilemma for Iran that could produce miscalculation in the future.

While some of these recommendations are more challenging (and may prove impossible), others are potentially easier. By taking a multifaceted approach, the United States increases the chances that no further weapons of mass destruction proliferate in the Middle East down the road. 

Editors’ Note: Richard Nephew and Bob Einhorn spoke about their new report at a recent Brookings event. You can see the video from the event here.

      

Was the Iran nuclear deal, signed last summer, a prelude to proliferation across the Middle East? This is a question that Brookings Senior Fellow Robert Einhorn and Non-resident Senior Fellow Richard Nephew explore in a new report. At an event to discuss their findings—moderated by Brookings Deputy Director of Foreign Policy and Senior Fellow Suzanne Maloney and with panelists Derek Chollet and H.E. Yousef Al Otaiba—Einhorn and Nephew argued that none of the Middle East’s “likely suspects” appears both inclined and able to acquire indigenous nuclear weapons capability in the foreseeable future. They also outlined policy options for the United States and other members of the P5+1.

Einhorn described the incentives and capabilities of Egypt, Saudi Arabia, Turkey, and the United Arab Emirates for acquiring nuclear weapons. He argued that, while both Saudi Arabia and the UAE a) consider Iran a direct military threat, b) have concerns about the U.S. commitment to the security of the region, and c) have sufficient financial resources, they recognize that they have no choice but to rely on the United States for their security and are unwilling to jeopardize that relationship by seeking nuclear weapons. Einhorn also said that both Egypt and Turkey do not view Iran as a direct military threat and are more preoccupied with instability on their borders and internal security, concerns that cannot be addressed by possession of a nuclear weapons capability.

Nephew outlined policy recommendations, including measures to ensure strict implementation of the JCPOA, greater intelligence sharing and security cooperation with Middle East allies, and means of fostering IAEA-supervised regional arrangements that would encourage peaceful nuclear energy development and limit potentially destabilizing nuclear activities. Nephew also asserted that some elements of the JCPOA, such as online monitoring of nuclear facilities, could be applied to other nuclear energy programs in the region to enhance transparency. 

Derek Chollet of the German Marshall Fund argued the United States must deter Iran and reassure U.S. allies by maintaining a robust military presence in the region, planning a range of U.S. responses to destabilizing Iranian activities, and ensuring that U.S. forces have the weapons systems and personnel required for scenarios involving Iran. He suggested that the United States and its Middle East allies continue regular summit meetings on security and broader partnership issues, and possibly formalize security cooperation by establishing a dedicated regional security framework. 

Emirati Ambassador to the United States Yousef Al Otaiba emphasized that, to many of the countries in the region, Iran poses a threat wider than just its nuclear activities. He suggested that the JCPOA will be judged on the degree to which the United States and its allies address Iran’s destabilizing behavior outside of the nuclear file, such as Tehran’s support for Hezbollah and the Houthis, as well as its ballistic missile activities. Al Otaiba said that, though he has seen some efforts by the Obama administration to push Iran on its regional behavior, it has sent a mixed message overall, with senior U.S. officials also encouraging European banks to invest in Iran. The ambassador asserted that rigorous enforcement of the JCPOA will be critical to convincing Iran not to eventually proceed to build nuclear weapons.

On Saudi Arabia, Einhorn noted that although the Obama administration supported the Saudi military campaign in Yemen, there was a risk that the Kingdom would overreact to its regional security challenges. He suggested that the United States pursue a dual-track approach: counter provocative Iranian behavior and defend the security interests of its regional partners, while at the same time seeking a resolution of regional disputes and encouraging Saudi Arabia and Iran to find ways of reducing tensions between them.

On the possibility that Iran would rapidly scale up its enrichment program, Einhorn acknowledged that while Tehran can legally do so under the JCPOA in 10 to 15 years, it will not have a strong civil nuclear rationale since it will be able to acquire nuclear fuel from Russia and other suppliers. Furthermore, Iran’s progress in centrifuge research and development may not be as rapid as Iran currently anticipates. Moreover, even if Iran elects to ramp up its enrichment program down the line, the JCPOA and Nuclear Non-Proliferation Treaty (NPT) will bar it from pursuing nuclear weapons, and monitoring arrangements still in place will provide warning and enable the United States to intervene and prevent Iran from building nuclear weapons.

On reaching a regional accommodation that includes Iran, Al Otaiba indicated that the UAE would have much to gain, especially economically, from a better relationship with Tehran. He said the UAE and others in the region would like to try to engage with Iran to reduce tensions—but Iran, for its part, seems unwilling.

On prospects for a U.S.-Saudi civil nuclear cooperation agreement, Einhorn said that progress on such an agreement has stalled due to Saudi reluctance to formally renounce enrichment, something the United States has so far insisted on. He suggested that Washington should be prepared to relax the so-called “gold standard” (i.e., a formal renunciation of on enrichment and reprocessing) and instead accept an approach that would still discourage Saudi fuel cycle programs, such as giving Riyadh the right to pursue enrichment but allowing the United States to cease its nuclear cooperation if the Kingdom exercised that right. On the UAE’s civil nuclear program, Al Otaiba affirmed that the Emiratis continue to value the “gold standard” barring enrichment which is enshrined in the U.S.-UAE civil nuclear agreement, and have no plans to change their position on enrichment.

       

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.

       

At a news conference in Seoul today, the United States and the Republic of Korea jointly announced the decision to deploy a Terminal High Altitude Area Defense (THAAD) missile defense system on the Korean Peninsula, with operational deployment planned by the end of 2017. Though many details are still pending, the decision is not a surprise, and the purposes of the deployment are wholly transparent.

As elaborated in the official announcement, the THAAD deployments are intended to defend the infrastructure and citizens of South Korea, and to protect core military capabilities underpinning the U.S.-Korea alliance. It is not a panacea for South Korea’s potential vulnerabilities to North Korean missile attack, but it will appreciably buttress Seoul’s still-limited air and missile defense capabilities, and explicitly link them to the far greater assets of the United States. 

Seoul did not undertake this commitment lightly. In recent years, South Korean strategic analysts have hotly debated the missile defense issue, but the political-military leadership has proceeded very deliberately. It was only in the aftermath of North Korea’s fourth nuclear test in early January and a long-range rocket test that soon followed that President Park Geun-hye’s administration agreed to initiate consultations on the “earliest possible” deployment of a THAAD missile battery. The North’s accelerated missile testing program, evident since April, reinforced the need for a meaningful response to Pyongyang’s actions.

Neither China nor Russia seems mollified by today’s announcement. Beijing and Moscow both perceive a malign U.S. strategic design, purportedly intended to detect and intercept Chinese and Russian strategic missiles, thereby invalidating their respective deterrence capabilities. But these worst-case estimates attribute technical reach and refinement to the Raytheon radar system likely to accompany the THAAD deployment that substantially exceeds even the manufacturer’s claims. 

China and Russia also contend that the THAAD deployment will further complicate the larger goal of denuclearization and threat reduction on the Korean Peninsula. But this places the cart before the horse. Pyongyang’s determination to expand and diversify its nuclear and missile programs has triggered the THAAD decision. Without the North’s accelerated military efforts, it is very doubtful that sentiment in Seoul would favor deployment of THAAD. Beijing and Moscow assuredly know how to connect the dots, but they seem unwilling to do so. 

At a time of increased Chinese wariness about U.S. military strategy along China’s periphery, it is not a surprise that Beijing has paid little heed to American and South Korean assurances.

Beijing also calculates that warning South Korea of unspecified consequences will convince Seoul to forego the THAAD decision. But this underestimates the South’s determination to proceed with missile defense, which will tie Seoul even more integrally to longer-term cooperation with the United States. This decision is unwelcome in China, but it is wholly within Seoul’s sovereign right to defend its vital interests by all appropriate means; China routinely does the same.

In meetings with Chinese counterparts, senior Korean officials have repeatedly stated that the THAAD deployment serves one irreducible purpose: the protection of South Korean vital national security interests. Seoul is keenly aware of Chinese strategic equities, and will remain very mindful of Beijing’s concerns as it moves ahead with this program. 

At the same time, Seoul and Washington have repeatedly conveyed their willingness to impart to officials in Beijing the limited purpose of the THAAD deployment. It will be directed entirely towards the North’s threats against the South; it will be exclusively bilateral in design; and it will not be targeted against the capabilities of any other party. 

At a time of increased Chinese wariness about U.S. military strategy along China’s periphery, it is not a surprise that Beijing has paid little heed to American and South Korean assurances, at least publicly. But officials and analysts in China must quietly grasp the reasons for the THAAD decision. The North’s nuclear and missile programs worry China deeply, as well. 

The need for a quiet, private conversation about the risks to stability on the peninsula has never been greater. The United States and South Korea are surely ready for this conversation. Whether China is ready remains to be seen.

       

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.

       

The Pentagon is embarking on a modernization of U.S. strategic nuclear forces that will cost hundreds of billions of dollars. Much of it makes sense, as key elements of the strategic triad age out and require replacement. As long as nuclear weapons exist, the United States should maintain a robust triad. However, the long-range stand-off weapon (LRSO), a new nuclear-armed air-launched cruise missile, does not make sense.

The U.S. strategic triad consists of intercontinental ballistic missiles (ICBMs), submarine-launched ballistic missiles (SLBMs), and strategic bombers. This mix gives the Pentagon the ability to hold at risk things that a potential adversary values. The inherent ability to destroy those things provides the basis for deterrence.

ICBMs can hold at risk targets 6,000 miles away. As they are based on mobile ballistic missile submarines, SLBMs can reach targets anywhere on earth. The same is true for weapons carried by the B-2 and B-52 and, in the future, the B-21. With aerial refueling, U.S. strategic bombers have global reach.

So the question arises: What unique target set could the LRSO hold at risk that cannot be threatened by ICBMs, SLBMs, or gravity bombs delivered by stealthy strategic bombers? At a recent panel discussion on the LRSO, the best answer to this question was “certain things”—but the proponent could not articulate what those “things” were. That explains much of the questioning about the LRSO. No one seems able to offer a plausible explanation for what the LRSO could do that other strategic nuclear systems cannot.

The weapon’s justification often seems to boil down to: The Pentagon is replacing other strategic systems because they are old, so it should replace the old nuclear-armed air-launched cruise missile (ALCM) as well. Does that logic hold?

The Air Force developed nuclear-armed ALCMs in the 1970s because the B-52 presented a big target on radar screens. Concern grew that the B-52 could not penetrate Soviet air defenses. A B-52 armed with ALCMs could launch its missiles from well beyond the reach of those air defenses.

Today, however, the Air Force has the stealthy B-2 bomber. It is in the process of procuring 80 to 100 B-21 bombers, which reportedly will incorporate stealth and advanced electronic warfare capabilities. The Department of Energy is already well along in the program to modernize the B61 nuclear gravity bomb. The modernized bomb will be highly accurate and have a variable yield. B-2 and B-21 bombers that can penetrate advanced air defenses and deliver B61 bombs against targets make the LRSO redundant.

Some suggest the LRSO hedges against a compromise of the B-21’s stealth. If that argument has merit, Congress ought to reexamine the wisdom of spending $60 to $80 billion—or perhaps $100 billion—on the bomber. Converted KC-46s (military refueling variants of the Boeing 767) with LRSOs would offer a far cheaper option. The Pentagon, however, seems to believe the B-21 will be capable of defeating advanced air defenses.

That being so, the case for the LRSO is weak. It will cost taxpayers $20 to $30 billion. True, that is a relatively small cost compared to what the Pentagon will pay to replace the Ohio-class ballistic missile submarines or build the B-21. But it is not chump change.

Some LRSO proponents cite the relatively “small” cost to argue that the defense budget can afford it. Current Pentagon officials, however, say they have no idea how to pay for everything they want for strategic modernization. Given the rising cost of mandatory spending such as social security and Medicare, and the pressure to hold down the deficit, the budget problem will not become easier in the 2020s, when the “bow-wave” of strategic modernization spending arrives. The Air Force will likely find itself having to choose between B-21s, KC-46 tankers, F-35 fighters, and the LRSO. It also wants to buy a new ICBM then. It is hard to see how all of that will be affordable.

Funding the LRSO now contributes to a budget time-bomb that the current administration and Congress will leave to their successors. The LRSO seems a redundant weapon without a mission. Shelving the program would defuse part of that time-bomb.

       

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. 

       

One unintended but very important consequence of the Iran nuclear deal has been to aggravate and intensify Saudi Arabia's concerns about Iran's regional goals and intentions. This fueling of Saudi fears has in turn fanned sectarian tensions in the region to unprecedented levels.

Of course stoking Saudi angst and perhaps even paranoia was not the intention of the deal’s negotiators. They sought to reduce tensions and prevent a nuclear arms race. A combination of circumstances outside their control exacerbated the problem of Saudi-Iranian rivalry that dates back before the Iranian revolution. But the results are likely to haunt the region for years to come.

An array of worries

Riyadh's concerns about Iran have never been primarily focused on the nuclear danger. The Saudis have long calculated the risk of Iranian use of nuclear weapons as low. They also believe the American nuclear umbrella protects them. The key Saudi concern is their belief that Iran seeks regional hegemony and uses terrorism and subversion to achieve it.

The deal deliberately does not deal with this issue. In Saudi eyes it actually makes the situation worse, because lifting sanctions removed Iran's isolation as a rogue state and gives it more income. Iran's ambition to be the region's hegemon is fueled not reduced by the deal.

The debate over the deal that ended a year ago coincided with two key developments in the Kingdom in early 2015. First was the succession of King Salman Abd al Aziz. His predecessor and half-brother Abdullah was a hardliner on Iran, but he was also risk-averse and cautious by nature. He had experimented with detente with Iran in the 1980s, even sending a Saudi Shiite as ambassador to Tehran. He wanted American soldiers to deal with Iran, not Saudis, a posture that greatly irritated Americans like former Secretary of Defense Bob Gates who likened it to using his soldiers as mercenaries. King Abdullah sought to avoid confrontation not embrace it.

The second coincidence was the takeover of the Yemeni capital Sanaa by the alliance of Zaydi Shiite Houthi rebels and former President Ali Abdullah Saleh early last year. The rebels opened direct air links to Tehran and proposed other concessions to Iran. They marched on the southern port of Aden, Sunni territory. Iran hailed their victories. The Saudis and other Gulf states saw an Iranian foothold emerging in the Achilles heel of the Arabian Peninsula.

The new king and his young Defense Minister Prince Muhammad bin Salman reacted angrily and firmly. An Arab coalition was created rapidly to intervene and fight the rebels. The result, Operation Decisive Storm, was distinctly unlike anything in recent Saudi history. Bold and aggressive in design, it stopped the rebels’ advance and prevented any Iranian intrusion into Yemen—but it also created a humanitarian disaster and a bloody stalemate. The United States and United Kingdom, eager to quiet Saudi objections to the nuclear deal, provided crucial support to the Saudi war. Pakistan, a longtime ally with a large Shiite minority, voted unanimously in parliament to stay out because it was worried about intensified sectarianism. 

A year ago Saudi intelligence renditioned Ahmed Mughassil after he debarked from a flight from Tehran to Beirut. The Saudi Shiite Mughassil was the mastermind of the Khobar attack twenty years ago in Saudi Arabia that killed nineteen American airmen. He was also involved in the assassination of several Saudi diplomats in the 1980s. He is the epitome of Iranian support and direction of terror. No doubt his interrogation has underscored Saudi concern about Iran's clandestine actions in the Gulf.

In January this year, the Saudis executed a prominent Shite dissident for allegedly supporting terrorism. An Iranian mob attacked the Saudi embassy—probably encouraged by regime hardliners—and then the Saudis broke diplomatic relations. Since then, Riyadh has encouraged its allies to follow suit. Iranian pilgrims will not attend this year's Hajj.

Saudi concern about Iranian conspiracies is reaching new heights. At least one prominent Saudi commentator has argued the terrorist attack on the Prophet’s Mosque in Medina on July 4th was a false flag operation controlled by Iranian intelligence to discredit the king's standing as the Custodian of the Two Holy Mosques. His column is getting wide attention.

Former intelligence chief and Ambassador to the United States Prince Turki al Faysal last weekend attended a large demonstration in France sponsored by the Mujahideen e Khalq group and called for the regime to be overthrown. Turki's backing for the MeK and his open call for regime change escalates the rivalry even further.

Entrenched position?

The combination of a new leadership in Riyadh that is more prepared to take firm action and the crisis in Yemen have added to Saudi disagreement over the Iran deal. As the Pakistanis feared, it has polarized an already deeply divided Muslim world. The Islamic State and al-Qaida benefit from the Muslim Cold War and the escalating sectarian violence.

Washington has tried hard to reassure the Saudis that they are not alone in their legitimate concerns about Iran's terrorist activities and destabilizing subversion. President Obama has wisely sought to build confidence with the king and his young son. The Iran deal is a good one, and I've supported it from its inception.

But it has had consequences that are dangerous and alarming. In the end, Riyadh and Tehran are the only players who can deescalate the situation. The Saudis show no sign of interest in that road. 

       

How has the Joint Comprehensive Plan of Action (JCPOA)—signed between the P5+1 and Iran one year ago—played out in practice? Several Brookings scholars, many of whom participated prominently in debates last year surrounding official congressional review, offered their views.

Strobe Talbott, President, Brookings Institution: At the one-year mark, it’s clear that the nuclear agreement between Iran and the major powers has substantially restricted Tehran’s ability to produce the fissile material necessary to build a bomb. That’s a net positive—for the United States and the broader region.

Robert Einhorn, Senior Fellow, Center for 21st Century Security and Intelligence and Senior Fellow, Arms Control and Non-Proliferation Initiative, Foreign Policy program: One year after its conclusion, the JCPOA remains controversial in Tehran and Washington (as I describe in more detail here), with opponents unreconciled to the deal and determined to derail it. 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. Moreover, 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. 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. 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. Legislation proposed in Congress could also threaten the nuclear deal.  For now, the administration is in a position to block new legislation that it believes would scuttle the 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.  A potential wildcard for the future of the JCPOA is coming governing transitions in both Washington and Tehran. Hillary Clinton would maintain the deal but perhaps a harder line than her predecessor. Donald Trump now says he will re-negotiate rather than scrap the deal, but 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. But it 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.

Suzanne Maloney, Deputy Director, Foreign Policy program and Senior Fellow, Center for Middle East Policy, Foreign Policy program: The Joint Comprehensive Plan of Action has fulfilled neither the worst fears of its detractors nor the most soaring ambitions of its proponents. All of the concerns that have shaped U.S. policy toward Tehran for more than a generation—terrorism, human rights abuses, weapons of mass destruction, regional destabilization—remain as relevant, and as alarming, as they have ever been. Notably, much the same is true on the Iranian side; the manifold grievances that Tehran has harbored toward Washington since the 1979 revolution continue to smolder. An important truth about the JCPOA, which has been wielded by both its defenders and its detractors in varying contexts, is that it was transactional, not transformational. As President Barack Obama repeatedly insisted, the accord addressed one specific problem, and in those narrow terms, it can be judged a relative success. The value of that relative success should not be underestimated; a nuclear-armed Iran would magnify risks in a turbulent region in a terrible way.  But in the United States, in Iran, and across the Middle East, the agreement has always been viewed through a much broader lens—as a waystation toward Iranian-American rapprochement, as an instrument for addressing the vicious cycle of sectarian violence that threatens to consume the region, as a boost to the greater cause of moderation and democratization in Iran. And so the failure of the deal to catalyze greater cooperation from Iran on a range of other priorities—Syria, Yemen, Iraq, to name a few—or to jumpstart improvements in Iran’s domestic dynamics cannot be disregarded simply because it was not its original intent.  For the “new normal” of regularized diplomatic contact between Washington and Tehran to yield dividends, the United States will need a serious strategy toward Tehran that transcends the JCPOA, building on the efficacy of the hard-won multilateral collaboration on the nuclear issue. Iranians, too, must begin to pivot the focus of their efforts away from endless litigation of the nuclear deal and toward a more constructive approach to addressing the deep challenges facing their country today.

Bruce Riedel, Senior Fellow, Center for Middle East Policy and Center for 21st Century Security and Intelligence and Director, Intelligence Project, Foreign Policy program: As I explain more fully here, one unintended but very important consequence of the Iran nuclear deal has been to aggravate and intensify Saudi Arabia's concerns about Iran's regional goals and intentions. This fueling of Saudi fears has in turn fanned sectarian tensions in the region to unprecedented levels, and the results are likely to haunt the region for years to come. Riyadh's concerns about Iran have never been primarily focused on the nuclear danger. Rather, the key Saudi concern is that Iran seeks regional hegemony and uses terrorism and subversion to achieve it. The deal deliberately does not deal with this issue. In Saudi eyes, it actually makes the situation worse because lifting sanctions removed Iran's isolation as a rogue state and gives it more income.  Washington has tried hard to reassure the Saudis, and President Obama has wisely sought to build confidence with King Salman and his young son. The Iran deal is a good one, and I've supported it from its inception. But it has had consequences that are dangerous and alarming. In the end, Riyadh and Tehran are the only players who can deescalate the situation—the Saudis show no sign of interest in that road.

Norman Eisen, Visiting Fellow, Governance Studies: The biggest disappointment of the post-deal year has been the failure of Congress to pass legislation complementing the JCPOA. There is a great deal that the legislative branch could do to support the pact. Above all, it could establish criteria putting teeth into U.S. enforcement of Preamble Section III, Iran's pledge never to seek nuclear weapons. Congress could and should make clear what the ramp to seeking nuclear weapons would look like, what the triggers would be for U.S. action, and what kinds of U.S. action would be on the table. If Iran knows that, it will modulate its behavior accordingly. If it does not, it will start to act out, and we have just kicked the can down the road. That delay is of course immensely valuable—but why not extend the road indefinitely? Congress can do that, and much more (e.g. by increasing funding for JCPOA oversight by the administration and the IAEA), with appropriate legislation.

Richard Nephew, Nonresident Senior Fellow, Center for 21st Century Security and Intelligence, Arms Control and Non-Proliferation Initiative, Foreign Policy program: Over the past year, much effort has gone into ensuring that the Iran deal is fully implemented. To date, the P5+1 has—not surprisingly—gotten the better end of the bargain, with significant security benefits accruing to them and their partners in the Middle East once the International Atomic Energy Agency (IAEA) verified the required changes to Iran's nuclear program. Iran, for its part, has experienced a natural lag in its economic resurgence, held back by the collapse in oil prices in 2014, residual American and European sanctions, and reluctance among banks and businesses to re-engage. But, Iran's economy has stabilized and—if the deal holds for its full measure—the security benefits that the P5+1 and their partners have won may fall away while Iran's economy continues to grow. The most important challenge related to the deal for the next U.S. administration (and, presumably, the Rouhani administration in its second term) is therefore: how can it be taken forward, beyond the 10- to 15-year transition period? Iran will face internal pressure to expand its nuclear program, but it also will face pressure to refrain both externally and internally, should other countries in the region seek to create their own matching nuclear capabilities.  The best next step for all sides is to negotiate a region-wide arrangement to manage nuclear programs –one that constrains all sides, though perhaps not equally. It must ensure—at a minimum—that nuclear developments in the region are predictable, understandable, and credibly civilian (something Bob Einhorn and I addressed in a recent report). The next White House will need to do the hard work of convincing countries in the region—and beyond—not to rest on the victory of the JCPOA. Rather, they must take it for what it is: another step towards a more stable and manageable region.

Tamara Wittes, Senior Fellow and Director, Center for Middle East Policy, Foreign Policy program:  This week, Washington is awash in events and policy papers taking stock of how the Iran nuclear deal has changed the Middle East in the past year. The narratives presented this week largely track the positions that the authors, speakers, or organizations articulated on the nuclear deal when it was first concluded last summer. Those who opposed the deal have marshaled evidence of how the deal has "emboldened" Iran's destabilizing behavior, while those who supported the deal cite evidence of "moderated" politics in the Islamic Republic. That polarized views on the deal last year produce polarized assessments of the deal's impact this year should surprise no one. In fact, no matter which side of the nuclear agreement’s worth it presents, much of the analysis out this week ascribes to the nuclear deal Iranian behavior and attitudes in the region that existed before the deal's conclusion and implementation. Iran has been a revisionist state, and a state sponsor of terrorism, since the 1979 Islamic Revolution. The Saudi-Iranian rivalry predates the revolution; Iran's backing of Houthi militias against Saudi and its allies in Yemen well predates the nuclear agreement. Most notably, the upheavals in the Arab world since 2011 have given Iran wider opportunities than perhaps ever before to exploit the cracks within Arab societies—and to use cash, militias, and other tools to advance its interests and expand its influence. Iran has exploited those opportunities skillfully in the last five years and, as I wrote last summer, was likely to continue to do so regardless of diplomatic success or failure in Vienna. To argue that the nuclear deal somehow created these problems, or could solve them, is ahistorical.  It is true that Iran's access to global markets might free even more cash for these endeavors, and that is a real issue worth tracking. But since severe sanctions did not prevent Iran from spending hundreds of millions of dollars to support and supply Hezbollah, or marshaling Islamic Revolutionary Guard Corps (IRGC) and militia fighters to sustain the faltering regime of Bashar Assad in Syria, it's not clear that additional cash will generate a meaningful difference in regional outcomes. Certainly, the nuclear deal's conclusion and implementation did not alter the trajectory of Iranian policy in Yemen, Iraq, Syria, or Lebanon to any noticeable degree—and that means that, no matter what the merits or dangers of the JCPOA, the United States must still confront and work to resolve enduring challenges to regional instability—including Iran's revisionist behavior.

Kenneth M. Pollack, Senior Fellow, Center for Middle East Policy, Foreign Policy program:  When the JCPOA was being debated last year, 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 that out. While both sides have accused the other of "cheating," the deal has so far largely held. 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 signing the JCPOA was better than any of the realistic alternatives—though I also continue to believe that a better deal was possible, had the administration handled the negotiations differently. However, the administration’s regional approach since then has been problematic—with officials condemning Riyadh and excusing Tehran in circumstances where both were culpable and ignoring some major Iranian transgressions, for instance (and with President Obama gratuitously insulting the Saudis and other U.S. allies in interviews).  America's traditional Sunni Arab allies (and to some extent Turkey and Israel) feared that either the United States would use the JCPOA as an excuse to further disengage from the region or to switch sides and join the Iranian coalition. Their reading of events has been that this is precisely what has happened, and it is causing the GCC states to act more aggressively. I think our traditional allies would enthusiastically welcome a Hillary Clinton presidency. She would likely do all that she could to reassure them that she plans to be more engaged and more willing to commit American resources and energy to Middle Eastern problems. But those allies will eventually look for her to turn words into action. 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. Our allies may see that as Washington trying to remain on the fence, which will infuriate them.  So there are some important strategic differences between the United States and its regional allies. The second anniversary of the JCPOA could therefore prove even more fraught for America and the Middle East than the first.

       

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.

       

Few issues are closer to President Obama’s vision of the global future than his convictions about reducing the role of nuclear weapons in U.S. national security strategy. Less than three months after entering office, in a major speech in Prague, he put forward an ambitious nuclear agenda, declaring that the United States (as the only state ever to employ nuclear weapons in warfare) had a “moral responsibility…to seek the peace and security of a world without nuclear weapons.”

Seven years later, despite the administration’s having advanced other goals in non-proliferation policy, the larger vision of a nuclear-free world remains very much unfulfilled. But President Obama apparently hasn’t given up. In late May, he became the first American president to visit Hiroshima, where the United States first employed a nuclear weapon in warfare. In his speech, the president declared that “nations like my own that hold nuclear stockpiles…must have the courage to escape the logic of fear and pursue a world without them.” Moreover, as President Obama approaches his final six months in office, senior officials are purportedly deliberating additional policy changes that they believe could be undertaken without congressional approval. As Deputy National Security Adviser Ben Rhodes said in a June 6 speech at the Arms Control Association, the president remains intent on advancing his “Prague agenda” before leaving office.

According to recent press reports, the policy options under consideration include U.S. enunciation of a nuclear “no first use” doctrine. Such a step would represent a profound shift in U.S. policy. Non-nuclear states living in the shadow of nuclear-armed adversaries have long relied on U.S. security guarantees, specifically the declared commitment to employ nuclear weapons should our allies be subject to aggression with conventional forces. They have based their own national security strategies on that pledge, including their willingness to forego indigenous development of nuclear weapons.

Northeast Asia presents a clear contradiction between President Obama’s non-nuclear aspirations and existing circumstances.

These issues bear directly on the credibility of U.S. guarantees to allies in Europe and Asia, with particular relevance in Northeast Asia. Since the end of the Cold War, the content of the U.S. extended nuclear deterrence pledge has already narrowed. Washington has long deemed any use of nuclear weapons a matter of absolute last resort. Since the early 1990s, Washington has also enunciated an unambiguous distinction between employment of conventional and nuclear weapons, including the unilateral withdrawal of all tactical nuclear weapons deployed on the Korean peninsula. 

The Obama administration itself has also moved closer to limiting nuclear weapons use exclusively to deter another state’s first use of such a weapon against the United States, its allies, and partners—in fact, the 2010 Nuclear Posture Review declared that this was a “fundamental role” of the American nuclear arsenal. At that time, it also pledged to “work to establish conditions” under which it was safe to adopt universally a policy where the “sole purpose” of U.S. nuclear weapons was to deter a nuclear attack by an adversary. The implication of such a “sole purpose” policy would be that North Korea need not fear American nuclear retaliation if it mounted only a conventional attack against South Korea. 

Whether it is “no first use” or “sole purpose use,” Northeast Asia presents a clear contradiction between President Obama’s non-nuclear aspirations and existing circumstances. The Republic of Korea and Japan (the only state ever subject to nuclear attack) confront the reality of a nuclear-armed North Korea. Pyongyang continues to enhance its weapons inventory and the means to deliver them. It also regularly threatens Seoul and Tokyo with missile attack, potentially armed with nuclear weapons. 

[A]ny indications that the United States might be wavering from its nuclear guarantees would trigger worst-case fears that the United States, above all, would not want to stimulate.

Both U.S. allies are therefore strongly opposed to a U.S. "no first use" pledge, and would likely have deep concerns about a sole purpose commitment. Though the United States possesses a wide array of non-nuclear strike options in the event of a North Korean attack directed against South Korea or Japan, any indications that the United States might be wavering from its nuclear guarantees would trigger worst-case fears that the United States, above all, would not want to stimulate. At the same time, choosing not to issue a "no first use" pledge should not in any way suggest that the United States favors nuclear use, which would play directly into North Korean propaganda strategy. Rather, the United States should not preemptively remove the nuclear option, especially when North Korea is in overt defiance of its non-proliferation obligations and is single-mindedly intent on a building a nuclear weapons capability.

The Obama administration must therefore balance its clear desire to advance a non-nuclear legacy with Northeast Asia’s inescapable realities. Enunciating a "no first use" doctrine or a sole purpose commitment in the administration’s waning months in office is a bridge too far. Though the United States can and should engage South Korea and Japan in much deeper consultations about extended deterrence, it cannot put at risk the security of allies directly threatened by attack from a nuclear-armed adversary. 

The next U.S. president will have to square this circle. In the meantime, the Obama administration should do all that it can to plan for the road ahead, even if it means policy pledges that might not be as visionary as it would prefer.