The Electoral College Versus Democracy

I have posted before–several times–about the anti-democratic elements of the Electoral College. Whatever its origins–whether, as some scholars insist, it was a concession to the slave states, or as defenders contend, it was an effort to give added electoral heft to smaller states–it hasn’t just outlived its initial purpose. It now undermines democracy and national unity.

There is ample evidence that the Electoral College advantages white rural voters–substantially. Research suggests that every rural vote is worth one and a third of every urban vote. Small states already have an advantage by virtue of the fact that every state–no matter how thinly or densely populated–has two Senators.

A recent column from the New York Times emphasizes these disproportions, and points to other, under-appreciated elements of the Electoral College system.These paragraphs outline the crux of the problem

The Electoral College as it functions today is the most glaring reminder of many that our democracy is not fair, not equal and not representative. No other advanced democracy in the world uses anything like it, and for good reason. The election, as Mr. Trump would say — though not for the right reasons — is rigged.

The main problem with the Electoral College today is not, as both its supporters and detractors believe, the disproportionate power it gives smaller states. Those states do get a boost from their two Senate-based electoral votes, but that benefit pales in comparison to the real culprit: statewide winner-take-all laws. Under these laws, which states adopted to gain political advantage in the nation’s early years, even though it was never raised by the framers — states award all their electors to the candidate with the most popular votes in their state. The effect is to erase all the voters in that state who didn’t vote for the top candidate.

Today, 48 states use winner-take-all. As a result, most are considered “safe,” that is, comfortably in hand for one party or the other. No amount of campaigning will change that. The only states that matter to either party are the “battleground” states — especially bigger ones like Florida and Pennsylvania, where a swing of a few thousand or even a few hundred votes can shift the entire pot of electors from one candidate to the other.

Winner-take-all has an even more pernicious effect–it disincentivizes voting by people who are in their state’s political minority. If your state is red and you are blue, or vice-versa, it’s easy to convince yourself your vote is meaningless. (For federal offices, it is.)

The result is that Joe Biden must win the popular vote by a significant margin, or risk losing the Presidency. If Biden wins by five percentage points or more — something that would require winning by more than seven million votes — no problem.

If he wins by 4.5 million more votes than the president? The odds drop to 75%.

Anything less than a 4.5 million vote margin, and Biden’s odds drop “like a rock.” If he wins the popular vote by “only” three million-Hillary Clinton’s margin–we’re looking at a second Trump term.

There is no argument of which I am aware that turns that analysis into a democratically-acceptable result.

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The Election In Black And White

Today is Labor Day in an election year. It’s a time in the election cycle when media sources are filled with punditry– advice to Joe Biden and the Democrats, “analysis”  of Trump and the GOP, and a variety  of theories about political strategies that work and don’t.

I’ve come to a depressing conclusion: the November election is about one thing  and  one  thing only. The results–and the margin of victory– will tell us  whether  America is finally ready to address the virulent racism that has  infected both our personal  attitudes  and our governing institutions, and say “enough.”

The headline from a September article  in The Intelligencer is on point:“Many GOP Voters Value America’s Whiteness More Than Its Democracy.”

The article began with what is by now a  depressingly familiar litany of Trump’s assaults on democracy and the rule of law. The author dutifully noted that these assaults, and Trump’s  failure  to even  pretend to honor longtime  democratic norms–have “scandalized a significant minority of Republican elites.” Then came the obvious observation that the chaos and incompetence of the administration has not dampened the enthusiasm of  what is now the rank-and-file of the GOP.

One explanation for Republican indifference to such deeds is that Republicans aren’t aware of them: Fox News’s programming and Facebook’s algorithm have simply kept red America blissfully ignorant of the commander-in-chief’s most tyrannical moods…

But a new paper from Vanderbilt University political scientist Larry Bartels suggests an alternative hypothesis: Many Republican voters value “keeping America great” more than they value democracy — and, by “keeping America great,” such voters typically mean “keeping America’s power structure white.”

Bartels is a widely-respected political scientist. His study was an effort to understand  popular indifference to democracy on the American right. His  conclusion was that “ethnic antagonism” predicted that indifference. In other words, racial animosity overwhelmed any concern Trump supporters might harbor about the governance of the country–and that popular support for authoritarianism within the GOP isn’t motivated by concerns over conservative Christianity’s declining influence over public life but rather with the dominance of the white race.

I don’t think I ever appreciated just how ugly and pervasive America’s racial animus has been, or the  degree  to  which it was embedded in the laws of the  land. I’ve been reading The  Color of the  Law, a recent book that sets out the history of laws requiring  racial segregation  in  housing. Those laws were immensely more widespread and draconian than I had ever  known–they went well beyond FHA and VA refusal to insure mortgages in neighborhoods that allowed Black people to live there. Restrictive covenants and legally-enforced redlining lasted far longer  than most of  us untouched  by them would  have  supposed.

Reading about the blatant bigotry that created America’s ghettos–and the mob violence (not-so-tacitly approved by police) that often erupted when Blacks purchased homes in white neighborhoods– reminded me of David Cole’s  eye-opening 1999 book, No Equal Justice, which I read several years ago. Cole documented the multiple ways in which the justice system doesn’t just fail to live up to the promise of equality, but actively requires double standards to operate–allowing the privileged to enjoy constitutional protections from police power without incurring the costs of extending those protections to minorities and the poor.

It’s bad enough that the America I actually inhabit turns out to be so different from the  country I thought I lived in, but on November 3d, we will find out how many of our fellow citizens are white supremicists who agree with Donald Trump that anti-racist training is “UnAmerican.”

The last paragraph  of the linked  article really says it  all.

When democracy came to America, it was wrapped in white skin and carrying a burning cross. In the early 19th century, the same state constitutional conventions that gave the vote to propertyless white men disenfranchised free Blacks. For the bulk of our republic’s history, racial hierarchy took precedence over democracy. Across the past half century, the U.S. has shed its official caste system, and almost all white Americans have made peace with sharing this polity with people of other phenotypes. But forfeiting de jure supremacy is one thing; handing over de facto ownership of America’s mainstream politics, culture, and history is quite another. And as legal immigration diversifies America’s electorate while the nation’s unpaid debts to its Black population accrue interest and spur unrest, democracy has begun to seek more radical concessions from those who retain an attachment to white identity. A majority of light-skinned Americans may value their republic more than their (tacit) racial dominance. But sometimes, minorities rule.

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The Explanation

I  no  longer know where  I found  this quote–I neglected to record its origin. It  may have been from  a private exchange, but if not, and if any of you reading this can point me to the source, I’d appreciate  it.

The thing  is, it really explains a  lot:

I looked at the hundreds of people at Trump’s rally tonight, unmasked and older, and almost all so very white, and saw a group of people so afraid of the future they are willing to say yes, willing to throw in their lot with a malignant narcissist because he tells them they can recover a world in which they felt more relevant, a world they control.

A reactionary group of older white men look at a global future in which questions of clean energy, climate change, economic fairness, and human equality are uppermost, and their reaction is to cling to a world they control.

I’ve recently read several commentaries pooh-poohing what their authors  regard as  “over the top” descriptions  of what’s  at stake on  November 3d. I don’t know what reality those authors inhabit, or what histories have informed their opinions, but I firmly believe that anyone who doesn’t see this election as an existential choice is either willfully blind or disastrously uninformed.

Every single day, credible media report on new actions taken by this administration that intentionally undermine the common good. Environmental protections have been eliminated, public schools undermined, the rule of law decimated. Trump’s tweets and rhetoric continually set Americans against each other. Agencies charged with the health and well-being of the population have been subverted, and people have died  unnecessarily as a  result. A lot of people.

In place of the  accountability and communication Americans have a right to expect, we are   inundated daily with lies, manipulated videos, altered quotations–constant disinformation and propaganda.

If Trump was simply incompetent, that would be troubling but not existential. If  he  was simply corrupt, that would  be concerning, but  also not existential. But he and the supine GOP have gone  much further than mere incompetence and corruption.

Traditional aspirations–think “give me your tired, your poor, your huddled masses” have been turned upside-down in favor of an increasingly explicit white nationalism. In the place of  a platform and policies, Trump and the GOP  that is now his reflection simply promote fear–fear of the “other,”  fear of losing white Christian male dominance, fear of social change. In place of efforts to bring us together, they continue to sow discord and encourage political tribalism. 

In the last  few days, Trump has increased  his encouragement of violence and mayhem,  presumably believing  that increased unrest will cause voters to rally to  his  “law and  order”  candidacy.

What keeps me up at night is the possibility that my life-long belief  in the essential goodness  of most Americans–not all,  but most–has been misplaced. What if there  are many more white guys afraid of a future they have to share with women and dark people than I ever thought?

I follow Nate Silvers’ FiveThirtyEight.com, and have  trouble wrapping my head around the polling that shows a steady 40% approval  of the childish buffoon who has commandeered our government. I look at scholarly research showing that “racial  anxiety”–i.e., racism–is the single most  reliable  predictor of support for Trump and his GOP. I see  comments on Facebook  by presumably reasonable people endorsing  bizarre conspiracy theories and patently obvious untruths.

And I’m terrified. When I wake up on November 4th, I want to breathe a  sigh of relief because the people I believed in have gone to  the polls and put an end to our four-year American nightmare.

What  if I’ve been wrong all these years? What if  it can  happen  here?

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When Voters Can’t Connect The Dots…

Thousands–probably, millions–of words have been written about Republicans’ religious devotion to anti-tax beliefs. Unfortunately, that dogma is matched by a pervasive lack of understanding of how tax dollars are spent, and what citizens get for our money.

There are plenty of. wasteful programs, of course, not to mention subsidies that have long outlived whatever merit they may once have had. These wasteful and unnecessary programs allow politicians to make the case that all taxes are theft. It then follows that any and all efforts to reduce taxes are by definition laudatory.

Which brings us to Donald Trump’s recent plan to end or defer the payroll tax.

 As a number of media sources have explained, payroll taxes support Social Security and Disability Insurance. Social Security’s Chief Actuary, Stephen C. Goss, evaluated the Trump proposal; he concluded that it would end Disability Insurance in mid-2021 and destroy Social Security by mid-2023.

When those of us who are fortunate enough to still be employed look at our pay stubs, we see hefty deductions for FICA.  Most of us have undoubtedly thought about how nice it would be to have those dollars right now.  Reasonably informed adults,  however, who realize that they will need Social Security at some point, understand that deferring instant gratification is in their long-term best interests. (It’s true that some small portion of the population would be able to invest on their own behalf, but since most people couldn’t or wouldn’t, massive poverty among the elderly would result.)

Those who don’t know what the payroll tax deduction pays for see it as just another tax to attack.

I understand that tax policy can be complicated. When I pontificate about Americans’ lack of civic literacy, I’m not suggesting that we all need to know the ins-and-outs of the various ways government assesses us to pay for services–but it would  be helpful if people recognized that we need to pay for services that are widely popular and obviously needed at the local, state and federal levels.

Actually, it would be more than helpful if Americans could agree on the essential components of both our physical and social infrastructure. At the  local level, there’s a public outcry if streets,  roads  and bridges aren’t properly maintained. Whatever our concerns about policing, a vast majority expect local government to provide for public safety.  Most of us think cities should provide public transit, garbage and snow removal, and a variety of other services. 

Survey research leaves no doubt about the popularity of federal social welfare programs like Social Security and Medicare. Survey research also tells us that far too many Americans fail to connect the dots between the taxes they pay and the services they demand.

Should thoughtful and competent individuals  and organizations monitor government. programs to ensure that our tax dollars are being wisely and appropriately spent? Absolutely. Are there programs that should be eliminated? You betcha! But ensuring the efficiency of public administration is a far cry from across-the-board anti-tax dogma–and a very far cry from uninformed and dangerous efforts to keep today’s dollars by selling the future short.

As usual, Trump and his administration are counting on the ignorance of his supporters. And to be fair, eliminating the payroll tax is (marginally) less dangerous than drinking bleach…

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What Must We Do And How Must We Do. It?

A couple of days ago, Steve Bannon was indicted for defrauding Trump supporters, who had been enticed into sending money to Bannon and three co-conspirators to “build the wall.” The money went into their pockets, not into construction.

It’s tempting to find this sordid little episode of predators taking advantage of bigots a parable for “just deserts,” (as Michelle Goldberg wrote, “In the MAGA movement, you’re either a predator or a mark” and that seems about right) but that isn’t the lesson to be taken from this unsurprising, add-it-to-the-list evidence of moral rot in Trumpworld.

Reuters has a list of  those who have been arrested and convicted of criminal behavior so far, and there is ample evidence that–with or without including the ethically-challenged saboteur at the Post Office– the current list is only the tip of a very large iceberg.

And at the center of that iceberg is Donald J. Trump.

Last week, the Republican-led Senate Intelligence Committee released a report on the Trump Campaign’s co-operation with Russia that was far more damning than the Mueller Report. CNN called it the most comprehensive and meticulous examination to date.  It explained in detail the ways in which Russia interfered in the 2016 presidential election,  confirmed that the Trump campaign welcomed that help, and revealed multiple contacts between Russian officials and Trump associates both during and after the campaign.

Prosecutors with the Southern District of New York look increasingly likely to get Trump’s tax returns, although probably not before the election, and they already have the paperwork he submitted in support of his loans from Deutsch Bank. The results of that ongoing investigation are likely to confirm a history of tax evasion, money laundering and bank fraud.

Michelle Goldberg has explained why America needs accountability for the corruption of this administration–and why genuine accountability can’t be reduced to political slogans like “lock him up.” As she notes,  “a president who runs the White House as a criminal syndicate creates a conundrum for liberal democracy.”

Obviously,  merely losing an election is not a crime, and it shouldn’t create legal liability.

But you can’t reinforce the rule of law by allowing it to be broken without repercussion. After four years of ever-escalating corruption and abuses of power, the United States cannot simply snap back to being the country it once was if Trump is forced to vacate the White House in January. If Biden is elected, Democrats must force a reckoning over what Trump has done to America.

Of course, a Biden victory is far from assured, and if he loses, there may be no stopping this country’s slide into a permanent state of oligarchic misrule. But right now, while there’s still hope of cauterizing Trumpism, ideas about post-Trump accountability are percolating in Democratic and activist circles.

Those  “percolating ideas” come from a number of quarters: the Center for American Progress, a liberal think tank, recently released a report titled, “How a Future President Can Hold the Trump Administration Accountable.” Protect Democracy is a legal group founded by a former associate White House counsel during Obama’s Administration. It has been investigating the experience of countries around the world that have transitioned to democracy from authoritarianism. Sheldon Whitehouse, one of the most thoughtful members of the Senate, has suggested a tribunal modeled on South Africa’s Truth Commission.

America is facing a whole lot of “ifs.” If Biden wins, if the Democrats take the Senate, if there is an orderly transition of power…then, there will need to be a thorough housecleaning. That housecleaning needs to be conducted in a manner that is both transparent and meticulously fair. The. Qanon folks, the Neo-Nazis and Proud Boys and KKK are beyond reason, but the rest of us aren’t, and we desperately need an administration that understands and fairly enforces the rule of law–and holds itself to a high moral, ethical and legal standard.

Voting blue up and down the ballot is only a first step, but it’s an absolutely essential first. step.

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