It’s The Structure, Stupid!

Folks in my age group will remember the banner that was famously hung in Bill Clinton’s campaign headquarters: “It’s the Economy, Stupid!”  I wish I could hire a sky-writer to outline a different message every day until it sinks in: “it’s the structure, stupid!”

What do I mean by that?

Anyone who reads this blog with any regularity knows that I am desperate for voters to rid us of the proudly ignorant, deeply corrupt lunatic currently in power. His moral and intellectual defects certainly matter. But he and his Keystone Kop administration are only there because of systemic dysfunctions–which is why the various pissing matches on the Left over candidate purity are so beside the point.

Until we fix the system, God herself can’t get Medicare-for-All or free college or a UBI or even immigration reform passed. (I personally give props to candidates like Mayor Pete who clearly recognize the need to focus on how to get from point A to point B, rather than simply identifying point B as a desired destination.)

Yes, we need to get rid of the morons and crooks running the White House and the Senate. We also– desperately– need to elect people who understand the need for systemic change and who will make that change their number one priority.

Connecticut’s Democratic Senator, Chris Murphy, made this point in a recent interview with The New Yorker. The interview, not surprisingly, revolved around Impeachment and the Democratic primary, but when Murphy was asked whether he agreed with Joe Biden’s expressed belief that bipartisanship would ultimately return–that Republicans and Democrats would once again be able to work together–his response was absolutely dead-on.

I think we can’t be dependent on the culture of this town changing based on personality changes. There are incentive structures that reward dysfunction. You have got to change those systems. You have to change the way that congressional districts are drawn. You have to publicly finance elections and get rid of dark money. You have to stop the habit of Democrats and Republicans meeting every single day, separate from each other, so that we can never talk across the aisle about big problems. There are rules that incentivize partisan bickering. Barack Obama ran on a promise to be able to change political realities in Washington through sheer force of personality, and it didn’t work. I just think we have to be focussed on changing the rules.

The rules Murphy is referencing have created the toxic culture we inhabit, and that culture won’t improve until those rules change.

It’s simple enough to prescribe what’s needed: massive turnout to eject the repulsive remains of what was once a respectable political party, replacing them with people who: 1) are committed to the restoration of democracy and the rule of. law; and 2) who understand the structural reforms that will be required in order to achieve that restoration.

“Vote Blue no matter who” is an essential first step, but it is only a first step. Then the hard work begins. We have to eliminate gerrymandering, the filibuster, and the disproportionate influence of money in our political system. We have fight vote suppression and pass the National Popular Vote Compact. We have to repair the enormous damage this administration has done to our federal government and our stature in the world. We have to move aggressively to combat climate change and protect the environment. We have to restore civic education and teach news literacy.

In other words, ridding ourselves of Mitch McConnell and Donald Trump is essential but not nearly sufficient.

We will have our work cut out for us–and we can’t do what absolutely needs to be done unless and until we change the systems that got us here.

Comments

Happy Holidays!

Today is Christmas.

Sunday night was the first night of Chanukah, which will end on the 30th. Kwanzaa starts tomorrow and ends January 1st, and many other traditions are also marking important dates.(Historians tell us that many holidays occur during December and January, not because the dates of the events being celebrated are necessarily accurate, but because we need a break from the dark and cold.)

My holiday wish is pretty simple: A world in which people respect their neighbors–including those who differ from them– and wish them well. A world where we learn from each other, care for each other, and give each other the benefit of the doubt.

A world where that bumper sticker that uses symbols to spell out “coexist” is descriptive rather than aspirational.

I’m not pontificating today. I’m not even going to beat my head against the nearest wall. I hope you and your loved ones all have a wonderful holiday, and I hope those of you who are regular readers and commenters know how much I appreciate you.

I’ll be my grouchy self again tomorrow. Meanwhile, have a happy holiday!

Comments

Confounding And Despicable–Kentucky Version

Evidently, Mitch McConnell isn’t the only disgusting person from Kentucky.

On December 13th, NPR posted the following report

Former Kentucky Gov. Matt Bevin departed the governor’s mansion three days ago, but the reverberations of some of his final actions are still being felt across the state.

Bevin, a Republican who narrowly lost a bid for a second term last month, issued pardons to hundreds of people, including convicted rapists, murderers and drug offenders.

In one case, Bevin pardoned a man convicted of homicide. That man’s family raised more than $20,000 at a political fundraiser to help Bevin pay off a debt owed from his 2015 gubernatorial campaign.

In all, the former governor signed off on 428 pardons and commutations since his loss to Democrat Andy Beshear, according to The Courier-Journal. The paper notes, “The beneficiaries include one offender convicted of raping a child, another who hired a hit man to kill his business partner and a third who killed his parents.”

Some of the pardons were uncontroversial, but others were simply inexplicable. For example, Bevin pardoned one Dayton Ross Jones and commuted his sentence to time served. Jones had pled guilty to the 2014 sexual assault of a 15-year-old boy; the assault had been captured on video and shared on social media. Jones was sentenced to 15 years in prison in 2016.

NPR quoted incoming Governor Andy Beshear about that particular pardon.

“A young man was attacked, was violated, it was filmed, it was sent out to different people at his school,” Beshear said. “It was one of the worst crimes that we have seen.

Bevin didn’t offer an explanation for that one.

A follow-up article from Vox focused on reactions to the pardons, and reported widespread disapproval, even among Republican supporters of the former Governor. Families that had been victimized by the people Bevin pardoned were understandably outraged.

On Twitter, Bevin pushed back against “suggestions that financial or political considerations played a part in the decision making process,” calling such allegations “both highly offensive and entirely false.” He also wrote he issued the pardons because “America is a nation that was established with an understanding and support for redemption and second chances.”

The pardon of Baker, the man convicted of homicide whose family had contributed thousands of dollars to Bevin’s campaign, generated special criticism, with Republican Commonwealth’s Attorney Jackie Steele calling into question why–if the pardon was based upon disagreement with the verdict– Bevin didn’t pardon Baker’s co-conspirators.

There were other mystifying pardons: a man named Hurt had been convicted of sexually abusing his 6-year-old stepdaughter in 2001, and several judges had subsequently refused to overturn his conviction despite his stepdaughter retracting her allegations. (The retraction came after a judge was accused of inappropriately meddling in the case.) Bevin simply ignored the considered decision of several judges who presumably had access to all of  the evidence.

He pardoned a child rapist because, he said, the hymen of the 9-year-old victim was still intact, despite medical consensus that most child victims do not show evidence of physical damage and that examination of the tissue is not a reliable test of sexual activity.

Bevin pardoned a friend of his sister, who had been convicted in a 2013 plot to hire a hit man to kill her ex-husband and his new wife.

Bevin pardoned Delmar Partin, who killed his former lover then chopped off her head and stuffed her body in a 55-gallon drum destined for a toxic waste site. He pardoned
Kathy Harless, who was sentenced to life in prison for throwing her baby in a cesspool after giving birth in a flea market outhouse. The list goes on.

It’s hard to know what to make of this burst of “compassion.” Bevin was an unusually unpopular governor who frequently seemed to go out of his way to be unpleasant. He reversed his predecessor’s decision to expand Medicaid, denying thousands of poor Kentuckians access to health insurance, and took other punitive actions that make it hard to attribute these pardons to a misplaced kindheartedness, or to credit his claimed belief in “redemption.”

He just seems intent upon outdoing his fellow Republicans in inflicting damage and creating chaos.

Comments

Those Trump Supporters

I frequently refer to the recurring discussions among sane Americans–the ones that begin with incomprehension: what do Trump’s supporters see in him that they find attractive? What evidence can they cite to suggest that he is even minimally competent? How do they explain away the copious, constantly-growing evidence of his corruption, his ignorance, his childish and unhinged behaviors?

Clearly, the ability of voters in the age of the internet to rely on sources of “information” that confirm their desired “facts” has played a major part.

A recent post by a friend of mine suggests that the purveyors of cyber-disinformation rely on the civic ignorance of their audience; he posted a copy of a story from a Trump site about four Democratic Senators who have announced they were switching parties in response to impeachment. There were pictures of the Senators, and they were identified by name. One small problem: None of them were real. They don’t exist.

Presumably, those who created the site were confident that visitors wouldn’t know that there are no Senators with those names (or faces).

That’s what my people call chutzpah, and Kellyanne Conway would call “alternate reality.”

I’ve seen a number of articles either penned by or interviews of psychiatrists, and in most of them, like this article from Raw Story, the professionals identify traits common to Trump supporters: authoritarian personality syndrome, social dominance orientation, and a connected group of diagnoses that revolve around bigotry. Studies following the 2016 election found a significant relationship between racial resentment and support for Trump; studies also found that Trump voters have fewer interactions with people of different races or religions, and are more likely to exhibit “relative deprivation.”

Relative deprivation refers to the experience of being deprived of something to which one believes they are entitled. It is the discontent felt when one compares their position in life to others who they feel are equal or inferior but have unfairly had more success than them.

I was intrigued by an article focusing on the opinion of a long-time conservative named Tom Nichols (full disclosure, I have no idea who he is–hadn’t previously come across him). Nichols says that “being nuts” is Trump’s “superpower.”

If Trump were not able to convince his cult that reality isn’t real, we’d be arguing about who’s really doing well and who isn’t – just as we did under Obama and every other president. Farmers would be up in arms,” Nichols said in a Twitter thread. “When Trumpers say they’re better off, there’s no evidence for it other than that they *feel* better off. Factories aren’t reopening. Dead small towns are not being reborn. The cities? Doing fine, thank you. But Trump says: ‘This isn’t true,’ and being *nuts* is what sells it.”

Nichols noted that Trump’s ridiculous behavior was on full display in the bizarre letter he sent to Nancy Pelosi. He pointed out that the tone and absurdist quality of the letter —not just Trump’s usual lies and numerous exclamation points —have led many observers to genuinely question Trump’s mental health.

I don’t question it. I have long been of the opinion that Trump is significantly mentally ill. Others are finally coming to that same conclusion.

“I’m only 2 1/2 paragraphs in to Trump’s letter and it’s clear to me that our President is unwell, unfit and very uninformed about our government & our legal system. And that fills me with a profound sadness that we’re at this point. It’s time to fix this,” wrote legal analyst Joyce Vance.

Lawfare Executive Editor Susan Hennessey wrote: “This is not a letter authored by someone of sound mind or in full command of his mental faculties. The implications of that are obviously immense and quite scary but how long can we really continue to ignore it?”

As Nichols pointed out, Trump’s supporters celebrated that letter. (“He tells it like it is…”)

How much do people have to lie to themselves, and for how long, before we can conclude that they aren’t just uninformed, but mentally unwell? How much do people have to hate and resent various “Others” in order to reject the evidence of their own eyes and ears?

And most important of all, as we approach November of 2020, how many of these people are there?

Comments

When Should The Majority Rule?

In the wake of Boris Johnson’s victory in the election in the UK, a distinguished scholar of comparative constitutionalism posted a lengthy analysis to a listserv in which I participate. Much of that analysis is technical and of interest mainly to other academics, but I was struck by her opening observation:

Calling the Johnson victory a landslide assumes that the results of nationwide first-past-the-post constituency elections adequately capture public sentiment. Yes, Johnson got an overwhelming majority of seats but he didn’t win even a simple majority of the vote. In fact, it turns out that the Tories were up a mere 1.2% in vote totals over their disastrous 2017 election results – in which they lost their parliamentary majority and had to enter a confidence-and-supply agreement with the DUP. Labour is now being called down and out with the worst election results (measured in seats) since the 1930s because they were 7.8% down from 2017. Compared with the 2015 election, they were only 2% down, hardly the stuff of grand tragedy…

The UK first-past-the-post electoral system is fiendishly sensitive to small vote shifts which can produce seismic effects depending on how they are distributed across constituencies.

Sound like another electoral system with which you’re familiar?

Politicians and pundits will continue their ongoing arguments for and against the Electoral College, and the British are evidently embroiled in similar discussions about the operation of their system, but there is an underlying issue with which we very rarely engage: what sorts of social and legal arrangements ought to be decided by popular majorities, and what sorts ought to be protected from the passions of those same majorities?

Defenders of the Electoral College point to the Founders’ well-documented concerns about those “passions of the majority,” and to their initial reluctance to remit even the choice of Senators to popular vote. Opponents point to evidence that the Electoral College was a concession to Southern states– they would have been severely disadvantaged in a system where the popular vote prevailed, because their slaves wouldn’t count.

Whatever side of that argument you find most persuasive, the question remains: in the 21st Century, which decisions should be made by popular vote, and which should not?

A fair reading of the Founders’ basic approach–buttressed by political philosophers from the Enlightenment to modern times–suggests that they favored some form of majority rule for issues of governance, and protection from the “passions of the majority” for issues of human and/or individual rights.

If we look at the Constitution, we see that laws are to be made by representatives of the people (the reason we call ourselves a representative democracy). Although it is certainly true that those representatives were supposed to vote for legislation based upon their presumed knowledge and personal beliefs, if those votes proved to be inconsistent with the desires of their constituents, the constituents could vote them out. (It’s also worth noting that legislation was supposed to be passed by a simple majority vote of those legislators–something that seems quaint in an era where overuse of the filibuster means we need super-majorities in the Senate to pass pretty much anything.)

If we look at the Bill of Rights, we see a very different standard. Because the Founders believed in “natural rights”–that is, they believed that humans (okay, white male humans) are born with certain “unalienable rights”–they protected the exercise of those rights against the sentiments of popular majorities.

When you think about it, it’s a striking dichotomy.

It is supposed to take a majority of American voters (or states) to choose the people who will run our government. It is supposed to take a majority of lawmakers to pass legislation. But individual citizens are supposed to be protected against the disapproval of those same popular majorities when they are exercising their fundamental rights.

We can–and do–argue about how to define “fundamental rights” and how to ensure that vote totals accurately reflect majority sentiment. But I think it is fair to say that when electoral systems operate to privilege minority parties and candidates over those preferred by majorities, those systems are neither democratically nor constitutionally legitimate.

Comments