Monthly Archives: December 2018

After H.W., Bush League

George H.W. Bush died Friday, and watching the various valedictories and retrospectives of his life and Presidency has provided a jarring contrast between our 41st President and the embarrassing, ignorant buffoon who currently sits in the Oval Office.

H.W. was the last President to have served in the armed forces; he was a decorated Navy pilot, shot down in the Pacific in 1944. (I can just hear Trump proclaiming that he prefers people who weren’t shot down…)

Evidently, H.W. didn’t have bone spurs…

Our 41st President was a skilled bureaucrat and diplomat, credited with (as the NYTimes put it) “a nuanced handling of the collapse of the Soviet Union and the liberation of Eastern Europe.”

I seriously doubt Trump could either spell or define “nuance,” and “skill” is a term that I’ve not ever seen applied to him (or for that matter, to anyone in his cabinet).

H.W. was far from a perfect President, but he was elected at a time when most Americans still valued relevant experience and admired, rather than disdained, knowledge and intellectual capacity. I met him once, during his Presidency, when he came to Indianapolis and met with then-Mayor Bill Hudnut and a small group of his advisors in the Mayor’s conference room.  Bush had no advance notice of the issues we would raise in our discussion, or the questions we would pose, but he fielded all of them with informed, thoughtful (and grammatical! and coherent!) answers. He was impressive–another word unlikely ever to be attached to Trump.

By far the greatest contrast, however– the greatest distance between the two–involves that ineffable quality we call “class.” H.W. was classy; Obama was classy. (Clinton was charismatic, and as often noted, George W. seemed like a guy some people –not I– would like to have a beer with, but neither displayed much class.)

Perhaps the best example of H.W.’s classiness and grace–and the most telling contrast between him and the petulant brat who currently holds office–was the letter he left for Bill Clinton, who had just defeated him, depriving him of a second term in a hard-fought political campaign.

Dear Bill,

When I walked into this office just now I felt the same sense of wonder and respect that I felt four years ago. I know you will feel that, too.

I wish you great happiness here. I never felt the loneliness some Presidents have described.

There will be very tough times, made even more difficult by criticism you may not think is fair. I’m not a very good one to give advice; but just don’t let the critics discourage you or push you off course.

You will be our President when you read this note. I wish you well. I wish your family well.

Your success now is our country’s success. I am rooting hard for you.

Good luck—

George

The word “class” has fallen into disrepute, mostly because it has come to be connected only to class conflict, class warfare, and classism, but we would be well-advised to remember its other meaning, as a term denoting grace, maturity and human decency.

As I watched the various news shows discussing 41’s life and his Presidency, it was impossible to escape the contrast being drawn (in several cases, deliberately) between the good man we’d just lost and the pathetic, narcissistic wannabe who is defecating daily on our nation’s ideals.

Trump is bush league–but not remotely in H.W. Bush’s league.

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If We Have To Keep The Electoral College…

Discussions of Constitutional originalism tend to illuminate the very different meanings that different people ascribe to that term.

I’m currently reading “We the People” by Erwin Chemerinsky, the Dean of Berkeley’s law school, and I will return to the subject of “original intent” and his (and my) take on it once I’ve finished the book. But today, I want to propose an “originalism” experiment for those of us who are critical of the current, undemocratic operation of the Electoral College.

Democracy, of course, wasn’t the point of the College. But then, neither was its use as a partisan tool advantaging a reactionary political party, which is what it has become.

There’s a pretty robust consensus that a constitutional amendment simply getting rid of the Electoral College is unlikely to succeed, at least for the foreseeable future. And since some of the College’s most ardent defenders are also proponents of “originalism a la Scalia” (a legal approach so flawed that even Scalia couldn’t consistently apply it), I think we should begin a movement to make the College operate as originally intended.

Article II, Section 1, Clause 3 of the Constitution provided the original plan by which the electors voted for president. (Electors did not originally vote for vice president. The President would be the person who received a majority of votes from the electors, and the person receiving the second most votes would become vice president. That changed with the emergence of political parties, a phenomenon necessitating the 12th Amendment.)

Individual electors were supposed to be selected by a vote of citizens on a district-by-district basis, and were supposed to exercise their independent judgment when casting their votes for President. Wikipedia shares the following quote from Alexander Hamilton, describing the Founding Fathers’ “original intent” with respect to the electors:

A small number of persons, selected by their fellow-citizens from the general mass, will be most likely to possess the information and discernment requisite to such complicated [tasks].

Over the years, the “original intent” of the Electoral College has been ignored.

Rather than electors who have been chosen by their neighbors to exercise their informed judgment on behalf of the citizens who chose them (and presumably knew who they were, either personally or by reputation), we now have slates of faceless elector candidates pledged to vote for their parties’ respective candidates. Most states also have passed laws prohibiting so-called “faithless electors”–that is, electors who exercise independent judgment and opt to vote for a candidate who did not win that state’s popular vote.

Does anyone believe that a majority of electors possessing “information and discernment” and exercising “independent judgment” would have cast their votes for Donald Trump? (Or for that matter, that such electors would have confirmed Florida’s “hanging chad” results?)

So here’s my proposal: If we must keep the Electoral College, by all means let’s start a movement to assure that it operates in a manner that is consistent with the Founders’ “original intent.”

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