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Trump and the USA’s failure, part 2: effective law and distributed power

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I have established the republic. But today it is not clear whether the form of government is a republic, a dictatorship, or personal rule.

Mustafa Kemal Ataturk

Australia’s House of Reps – politics as a team sport – mostly!

Australia has a Constitution, and so does Britain, but we don’t talk about them much – they don’t loom so large over the political system. The Westminster system doesn’t have an impeachment process, for the obvious reason that it is surplus to requirements. Due to its being a political process, impeachment is an unmitigated disaster.

So what happens, under the Westminster system, if a Prime Minister ‘goes rogue’ and either breaks the law or conducts herself in a manner contrary to the nation’s interest?

Well we need to step back a little to answer this question, because, under the US system, an elected President can be a rogue from the start. Trump is a clear case in point. Trump was, of course, far from being regarded as kosher by the Republican powers-that-be when he first suggested himself as a Presidential candidate, so he took his Barnum & Bailey campaign directly to the public, and in doing so highlighted the central problem of democracy, recognised two and a half thousand years ago, by Plato and Aristotle, who were unabashed anti-democratic elitists. The problem being, of course, demagoguery or populism – the notion that the public can be easily swayed by a candidate who promises everything and delivers nothing. The fact that this remains the most central problem of democracy surely says something about humanity in general – something that we may not be able to fix, but which we need to be on our guard against. Democracy is in fact a seriously flawed system – but far better than any other political system we’ve devised to regulate our seriously flawed human nature.

Under the Westminster system it’s far more difficult (though perhaps not impossible) for a ‘rogue from the beginning’ to reach the top of the political tree, because Prime Ministers aren’t directly elected. In fact the Westminster system has no correlate to the US presidential system, its general elections being much more correlated to the US mid-terms. This means, in effect, that under the Westminster system there is one set of general elections to two under the US system. Having two sets of general elections every four years seems a little over-indulgent. It means that you’re always preparing for or recovering from some election or other, and I’m not convinced that this is a good thing for your political health or your economy. And if you were ever to consider dispensing with one of those two sets of elections, clearly the Presidential elections should be the one to go.

Of course, this is sacrilege. Americans are obsessed with their Presidents – they even remember them as numbers – it’s bizarre. But it’s part-and-parcel, of course, with US individualism. It’s not surprising that the superhero is largely a US phenomenon. Many of your worst movies feature a Rambo or Indiana Jones-like character who single-handedly wins out over the baddies, often against a background of official incompetence or corruption. Think again of Trump’s OTT drain-the-swamp campaign rhetoric. And speaking of OTT, let’s not forget the carnivalesque razzamatazz of US Presidential elections, and the oodles of money that candidates are expected to raise, for no reasonable reason as far as I can see.

So, bearing all this in mind, let’s compare the situation and the job description of a Westminster-style Prime Minister with a US President.

Generally the Prime Minister is already an elected member of a party (either of the left or the right) and is chosen by parliamentary members of that party to be leader – much like a captain of a soccer team is already a player in the team and has proven herself to be experienced and knowledgable about playing the game and getting results. She has, in other words, earned the respect of her fellows. The Prime Minister works alongside her fellows, and under the scrutiny of her opponents, in the parliament. The President, on the other hand, is completely separate from parliament and surrounded by his own hand-picked team of very powerful courtiers, who need not have had any previous political experience.

The Prime Minister is able to choose her own cabinet, but only, of course, from elected members of parliament. All cabinet ministers, and indeed all MPs, are under continual scrutiny from other members of the House or the Senate. If the Prime Minister herself (or any other minister) is thought to be ‘going rogue’ or underperforming, she can be subjected to a no-confidence or censure motion in the House – requiring a simple majority. These have sometimes been successful, resulting in a change of Prime Minister between federal elections. While traumatic, such changes of leadership have nowhere near the impact that a change of President would have, since under the Westminster system the power is far more distributed, the team is far more important than its captain. The ‘great man’ Presidential system is such, however, that the only feasible way of dumping a President is by impeachment – an overly elaborate and highly political procedure that is almost designed to inflict trauma upon the populace.

There is, of course, no provision for impeachment in the Westminster system, and there has never been any need for such a process. A Prime Minister can, of course, be dumped for any number of reasons – most of which fall very far short of high crimes and misdemeanours. However, if a Prime Minister does go that far, she would be dealt with by law. There’s no suggestion under the Westminster system that a Prime Minister or any other minister or government official, would be immune from prosecution while in office. To me, the idea is totally absurd, for it seems far more reasonable that the precise opposite should be the case – that a country’s leader should be held to a higher legal standard than any other citizen. In other words, with great power comes greater legal responsibility, as a matter of course. Any political system that operates otherwise is simply rotten at its very core. It follows that the nation’s body of law, not the constitution, should govern the behaviour of those holding high office in government. For example, gaining a financial benefit from holding high office, other than the official salary and benefits that accrue to that office, should be illegal and cause for immediate dismissal in the most straightforward way. Contravening campaign finance laws should also be dealt with severely and immediately. If this causes a crisis in government, then clearly the system of government needs to be reformed, not the law. The constitution is at best a quasi-legal document, a laying out of the political system and the roles of its component parts. As an eighteenth century document, it can’t possibly be expected to cover the legal responsibilities of 21st century office-holders. That’s the vital role of a living, constantly adjusting body of law, to keep up with the legal responsibilities of a constantly modernising and complexifying political and business sector.

But let me return to the situation of Presidents, and candidates for the Presidency, since it’s unlikely that the US is going to give up on that institution.

You’ve learned the hard way that a rogue from the outset can bypass the traditional party system and win enough popular vote – with the help of a foreign nation – to become the leader of the most militarily and economically powerful nation on earth, despite having no political experience, no understanding of his nation’s history, no understanding of the geopolitical framework within which his nation operates, and no understanding of or interest in the global issues that all nations need to work together to solve. In other words, you’ve learned the hard way that anyone can indeed become your President, no matter how unsuited they are to the position. So how do you stop this from ever happening again?

Well if you insist on maintaining a system which ultimately pits one superhero against another, then you need I’m afraid, to admit to a serious but really rather obvious deficiency of democracy – the attraction of the demagogue (and I leave aside here the inherent problems of a state in which so many people can be hoodwinked). You need to vet all Presidential candidates with a set of questions and problems pertaining to both character and knowledge. Character questions wouldn’t be just of the type “What would you do if…” or ‘Do you think it is right to…’, questions that a sociopathic personality can always find the ‘successful’ answer to (though it’s doubtful that Trump could). They should be in the form of complex moral dilemmas that experimental psychologists have been adept at formulating over the years, requiring essay-type responses. The knowledge questions, by comparison, would be straightforward enough. Such tests should be assessed by professional diplomats and psychologists. This vetting, of course, cuts across the democratic process with a measure of ‘adults in the room’ intellectual, emotional and ethical elitism. Because of course you need a member of the intellectual and ethical elite to hold such a high office.

You might argue that Prime Ministers aren’t formally vetted, and that’s strictly true, but there’s at least an informal vetting system in that leaders have generally to climb from the ranks by impressing colleagues with their communication skills, their understanding of policy, their work ethic and so forth. It’s also the case that Prime Ministers have far less power than US Presidents – who have pardoning powers, special executive powers, power to shut down the government, veto powers, power to select unelected individuals to a range of high offices, power to appoint people to high judicial office and so forth. It’s hardly any wonder that characters like Trump are frustrated that they can’t take the next few steps towards total dictatorship. It’s interesting that I’ve recently heard a number of US pundits saying out loud ‘this isn’t a dictatorship’, as if they need to remind themselves of this fact!

Many will scoff at all this gratuitous advice. But you currently have a self-styled ‘very stable genius’ – a boorish, blustering, bullying, belly-aching buffoon in fact – in barricaded isolation in your White House and due to the multi-faceted failings of your politico-legal system, you can’t get rid of him as easily as you obviously should be able to, and I honestly feel that things will get much much worse before you do get rid of him. You can’t blame Trump for this – he has been exactly the same person for over 60 years. The fault lies with your system. If you don’t change it, you’ll never be able to regain the respect of the rest of the democratic world.

Written by stewart henderson

October 7, 2019 at 1:21 pm

Trump and the USA’s failure, part 1 – some modern history regarding two democratic systems

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It is error only, and not truth, that shrinks from inquiry. Thomas Paine

So Australia’s getting a tiny mention now in the Trump debacle, as he and his henchmen try desperately to find dirt on Mueller, Biden, anyone they can divert attention to as this iniquitous regime stumbles towards its own doom.
So it seems to me an opportune time to reiterate and expand upon some of my views about the US political and social system which led to this pass.

First, a bit of a history of modern democracy and a corrective, to some of the views I’ve regularly heard on MSNBC and CNN as the journos and other pundits wring their hands over how the mighty have fallen. It seems accepted wisdom in the USA that their country is the leader of the democratic world, the potential bringer of democracy to the unenlightened, the light on the hill, the world’s moral police officer, the first and best of the world’s free nations. And its beginnings are often cited in the War of Independence against a tyrant king. So how could a nation, which owes its very existence to a revolt against tyranny, succumb to the blusterings, badgerings and bullying of this tyrant-child in their midst?

Well, let’s look at this story.  Britain did indeed tyrannise its colony. But let’s take note of some facts. George III was a constitutional monarch. Lord North was Britain’s Prime Minister during the war of independence. A century and a half before the War of Independence, Britain beheaded its king for being a tyrant. It was then ruled for a time by the Long Parliament, and then the Rump Parliament, before Oliver Cromwell was made Lord Protector of the Realm. These were some of the first none too successful steps towards a modern democracy. Baby steps. Two steps forward, one step back you might say. It didn’t work out so well, and the monarchy was restored in 1660, under the proviso that there would be some parliamentary representation. Then in the 1680s another king was forced out of the country, again for being a tyrant, and trying to convert the nation to Catholicism. This Glorious Revolution, as it was called, brought another branch of the royal family in from overseas, and William and Mary Stuart were presented with the crown, and the first constitutional monarchy was formed – though of course Magna Carta had earlier brought about the first limitations to royal authority, and there were more limitations to come in the future. Again, baby steps away from tyranny and towards democracy. A Bill of Rights was introduced in 1689, much of it based on the ideas of the political philosopher John Locke whose work also influenced the American constitution. 

So, America’s War of Independence was a war against tyranny, I grant that, but the tyrant was more a nation, or a government, than a king – though George III was certainly tyrannical in his attitude to the colonies. Britain, at the time, and for a long time afterwards, was a very powerful nation. And – guess what – powerful nations are always bullies. Always. That’s a universal. Imperial Britain was always a bully to its neighbours, and to less powerful nations that it could benefit from exploiting. The USA in more recent times, has been the same, as has China, Russia (or the USSR) and powerful empires of the past, Roman, Babylonian, Egyptian Assyrian, etc. It doesn’t matter their internal politics – they’re always bullies on the international stage. That’s why more powerful international agencies are needed and are just beginning to arise.

So getting back to democracy – the first US Presidential election was an odd one, as there was only one candidate – Washington. There were no parties, and very few states, and even then only about 7% of the adult population of those few states were considered eligible to vote, based on the possession of property (and of course skin colour, and gender). So, one of the bigger baby steps towards democracy, perhaps, but still another baby step. Of course, parliamentary membership in Britain at the time was subject to a vote, but also with a very limited franchise. 

So The USA significantly contributed to modern democracy, without a doubt, but the whole democratic movement proceeded by baby steps worldwide. For example, it’s surely unarguable that no nation or state could consider itself an effective democracy until it gave women – half the effing population! – the vote, and the USA was far from the first nation to do so. In fact the first state of any kind to do so was New Zealand in 1893, followed by the colony of South Australia – my home, from which I’m writing – in 1894. The USA didn’t grant the vote to women until 1920. 

So enough about democracy for now, but one reason I brought this up was to sort of complain a bit about American jingoism. You’re a really flag-waving, breast-beating country, and you tend to go on about patriotism as some kind of fundamental value. I say you because, though I have precious few readers, by far the majority of them come from the US, according to my WordPress data. Now, this kind of jingoism doesn’t allow for too much healthy self -analysis and critical distance. You need to get out more. I live in Australia, I was born in Scotland, so I’m a dual citizen of the UK and Australia, but I barely have a nationalistic cell in my body. I’ve never waved a flag in my life, never sung a national anthem. Nowadays I call myself a humanist, but I really came to that idea much later – my kind of visceral discomfort and dislike of nationalism goes back to my childhood, I can’t easily explain it, and any explanation would be post-hoc rationalism. I’m happy in any case that my humanism chimes with modern times, as we live in a more global and integrated world than ever before, but I do recognise that nations are still necessary and useful, and that global government will probably always remain an Einsteinian pipe-dream.

In any case, I feel lucky that I’ve spent most of my life here in Australia. The Organisation of Economic Cooperation and Development (OECD) is a group of 35-40 countries, the most developed economies in the world – the world’s richest countries by GDP. Every year for several years now, they’ve rated the member countries on a ‘Better Life Index’ based on 11 different criteria, such as health, income, safety, job opportunities and so on. Basically, a rating of the best countries in the world to live in. A new rating has just come out, and Australia ranks at number two, up from number three last year, but down from number one the year before, and the year before that. So lucky me, though I have plenty of criticisms about the way this country is going. So how does the USA rate? Well, it’s never been number one, or two, or three or four or five or six, and I could go on – which isn’t to say it’s anywhere near the bottom. But could this just be anti-American bias from the OECD? Well, in a sense yes, because I suspect they’re biased towards nations or states that look after their citizens – where there’s more of a sense of communal values. They measure categories such as ‘civic engagement’, ‘community’, ‘environment’ and ‘work-life balance’, categories which step a little beyond individual rights and freedoms – and I think that’s a good thing.

So here’s how I see the problem. The USA seems a little overly obsessed with the individual, and that seems to put it a little out on the libertarian end of the spectrum that stretches from libertarians to communists. I’d argue that there’s never been any instantiation of a communist state or a libertarian non-state – and in a democracy, which is by its nature a bottom-up sort of system, which has to cater for a wide range of views about government, you should always expect to be swinging mildly in the centre between these extremes. But America’s focus on individual freedoms and the great individual leader was evident from the outset, with the way it set up its federal political system. My plan here is to compare it to the Westminster system which I know quite well, and which has sort of evolved slowly rather than being set in stone by an all-powerful 18th century constitution.

Under the Westminster system there’s no directly elected President. Of course, that system did begin with a great individual power, the unelected, hereditary monarch, who, in the time of the USA’s founding and the drawing up of its constitution, was a lot more powerful than today’s monarch. So it seems to have been the thinking of the founding fathers that you could have this powerful figure but he could be elected. And I do say ‘he’ because, be honest, there’s nothing in the thinking of the founding fathers to suggest that they would ever have contemplated a female President. So, remembering that many of the ideas of the founding fathers actually came from Britain, through the likes of John Locke and Tom Paine, their idea seemed to be something like a constitutional President, elected rather than blue-blooded, and hedged around by a parliament that was more constitutionally powerful than the parliament of the time back in the old ‘mother country’. And by the way, it slightly irritates me that there’s this lexical difference for the legislature in the USA versus Britain/Australia, i.e congress/parliament. They’re really the same thing and I wish they had the same name. From now on I’ll use the term ‘parliament’ to refer to the legislative branch under both systems.

So, it seems – and I’m by no means an expert on the US constitution – that the constitution was drawn up to create a kind of balance of power between three branches of law and government – the legislative, the executive and the judiciary. And this would have been quite revolutionary and progressive in its time, some two hundred odd years ago. In fact, the founding fathers may have seen it as so progressive and all-encompassing that the term ‘eternal’ might have been whispered about, like the eternal values of life, liberty and the pursuit of happiness. And so they may have suffered from that natural pride which assumed that the constitution ought not to be altered without difficulty, and so the USA has largely been stuck with it. And I should point out – because it strikes non-Americans as a bit weird – that Americans seem a bit overly obsessed with their constitution.

Okay, so I’ll leave it there for now. Next time I’ll focus a bit more on the Westminster system, and a comparison between Prime Ministers and Presidents.

Written by stewart henderson

October 4, 2019 at 1:20 pm

Supporting Hong Kong 3: it’s all about freedom

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shades of Tiananman – tanks on the Hong Kong border

As I begin to write this, I’ve learned that Hong Kong developments and tensions are playing out here in Adelaide too, as well as elsewhere in Australia. Supporters of Hong Kong’s independence and its freedoms have turned out in unexpected numbers, but they’ve met with violent pro-Chinese opposition, chanting ‘Hong Kong belongs to China’, a slogan that, of course, misses the point completely. Hong Kong would be delighted to belong to China if the mainland people enjoyed the freedoms that Hong Kongers have become accustomed to over the years, but that ain’t gonna happen in the foreseeable.

In preparation for this piece I’ve been reading the fulsome Wikipedia article, Human rights in China, and it truly makes the heart sick. I’ve already written about the Uyghur people of the Xinjiang ‘frontier’ (as many as a million of them are in prison), as well as the bullying, and worse, of (pretty mild) feminist activists by the Thugburo, but there’s also virtually no freedom of the press or the internet, limited freedom of movement within China (especially for the poor), regular repression of ethnic minorities (there are over a hundred of them), selective repression of religions (the Falun Gong have been bizarrely targeted, and organ-harvested), imprisonment and torture of political dissidents, application of fake and damaging ‘psychiatric’ treatments to non-conformists, and wide-ranging use of execution – China still executes more of its own citizens than the rest of the world combined (though global rates are thankfully falling, and Iran executes more on a per capita basis).

Of course, as far as Hong Kong is concerned, the one human rights ‘event’ that dominates all others is the 1989 Tiananmen Square massacre, as tanks are currently taking up positions around Hong Kong. So one has to wonder, considering this grim history, and considering that the controversial extradition bill which set off the protests has been shelved, why Hong Kongers are courting disaster in this way. One reason must surely be the initial success of the movement re extradition. Another is likely to be safety in numbers (illusory or not). Hong Kong is no Tiananmen, it’s far far bigger. Even so, if the PRC acts decisively and brutally, can anybody see the international community responding to save the people of Hong Kong? It’s more likely there will be a great deal of impotent outrage, and a weak round of sanctions before hastening back to business as usual.

And yet. Another huge difference between 2019 and 1989, of course, is the democratisation of recording technology. It’s another difference that has doubtless emboldened Hong Kongers. It’s also playing massively on the minds of a government that has taken media control to an extreme never before seen in human history. The PRC has made a habit of demonising ‘western values’ in recent decades, and it knows full well that a frontal attack on Hong Kong will demolish their claims to moral superiority overnight. Smart Hong Kongers also know this – so it’s a fascinating, frightening stand-off situation. I’ve had a number of Hong Kong students over the years, and many of them are still in Australia pursuing further studies. I can’t imagine what they’re going through at this point.

The hope we should all be holding to is for a peaceful resolution, but there are questions as to who should be negotiating for each side – and particularly for the people of Hong Kong. The protesters have made five ‘formal demands’:

  • the complete withdrawal of the proposed extradition bill
  • the removal of the use of “riot” concerning the protests
  • the release of arrested protesters
  • an inquiry into alleged police brutality, and
  • genuine universal suffrage

All of these demands seem reasonable, prima facie, unless of course there were protesters guilty of brutal acts etc, but in any case it’s highly unlikely that the Grand Poohbahs of the Chinese State would demean themselves by negotiating with mere protesters, especially after labelling them as ‘terrorists’ according to Thugburo convention. Leading protesters are also reluctant to identify themselves, as they know they’ll be immediately targeted by the PRC government. That leaves the Hong Kong administration, and its Chief, Carrie Lam. It’s interesting, and perhaps surprising, that protesters didn’t include her resignation as one of their official demands – though many are unofficially demanding it, and it’s implicit in the universal suffrage demand. She has apparently warned recently that Hong Kong may be on a ‘path of no return’, a comment as frightening as it is vague. Certainly such warnings don’t seem to be working; student demos are being supported by general strikes, and specific actions by lawyers, civil servants, hospital workers and others. Most of these actions have been peaceful, but there have been violent incidents, and the role of the Hong Kong police in suppressing/exacerbating such incidents is crucial, and concerning. Police tactics have become more aggressive, but they don’t seem to be dampening the determination of the protesters, who’ve had enough of increasing PRC interference in Hong Kong affairs. They’ve also developed smart tactics, such as ‘being water’, flowing from place to place, continuous and uniform, without leaders or followers. This and other tactics were born from years of experience of failed and partially successful protest movements of the past. Perceived and documented police brutality has also been harnessed for the cause, as in the photo of a women hit in the eye, apparently by a police ‘bean-bag round’ a non-lethal form of ammunition. Women throughout Hong Kong and Taiwan are now sporting ‘bloodied’ eye-bandages in solidarity.

Unsurprisingly, those of us who’ve been around for a while are hardly sanguine about how this will end, and our greatest hope is that the PRC will see that the cost of engaging in what would certainly be a bloodbath, carried out in front of the world, would be greater than any economic or other foreseeable long-term benefit for a nation whose economy is already the envy of most nations. The Hong Kong and Taiwan protests are undoubtedly a smack in the eye to PRC pride, as, inter alia, they expose the lie about ‘Asian values’ the PRC is keen to promote in its battle with ‘the west’. I suspect that what will happen in the near future is a war of attrition, with the Chinese hoping that some sort of over-reach by the protesters will justify anti-terrorist ‘action’. The noises from the international community thus far haven’t by any means convinced me that the PRC won’t get away with mass slaughter when the time comes.

Written by stewart henderson

August 20, 2019 at 1:49 pm

supporting Hong Kong 2: handover/return

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Hong Kong handover ceremony, July 1997

Terms redolent of significance: in talking yesterday of ancient Egypt to my students, many of whom I tend to assume, after years of experience, are geographically challenged, I mentioned that it was in the north-east corner of Africa, just across the Red Sea and the Suez Canal from Israel. ‘Palestine’, one of my older Saudi students corrected, with a little grin.

I think also of the term ‘nakba’, which the Israeli government has been trying to erase from written records. It’s of course a very significant term for Palestinians everywhere. The Brits refer to 1997 re Hong Kong as the ‘handover’, which fails to refer to the extremely doubtful terms of its original acquisition. The Chinese refer to it as ‘the return’, which fails to refer to the massive value-adding, in human if not in environmental terms, that occurred under British control.

Hong Kong is now a ‘special administrative region’ of the People’s Republic of China (PRC), and in relinquishing it, Britain brought its once-mighty empire to a whimpering end.

The twenty years or so before 1997 saw a lot of diplomatic manouevring, principally between the PRC’s main man Deng Xiaoping and Britain’s Iron Lady, Margaret Thatcher. At first, the negotiating teams were a long way apart. Deng was insistent that the territory should be handed over unconditionally, and that if necessary it would be taken by force, which, he argued, would be easy-peasy. Thatcher argued that a treaty was a treaty and that Britain always stood by its treaties, cited a ‘Convention for the extension of Hong Kong territory’, signed in 1890, and quibbled about the wording of the old treaties, but it was clear that the PRC had the upper hand. Even so, the economic transformation of the region, especially since the seventies, and the Tiananmen Square massacre of 1989, encouraged British officials to provide as many democratic safeguards against the Chinese oligarchy as possible, as 1997 drew near. Chris Patten, the last British governor, battled to increase the voting franchise in the early nineties, while the PRC fumed over lack of consultation. A watered-down package of reforms was accepted in 1994. It fell well short of full democracy. So when the big day came, on July 1 1997, the proposed ‘one country, two systems’ future was being much questioned and worreted over.

In the 22 years since, that date has been marked by demonstrations organised by Hong Kong’s Civil Human Rights Front, demanding universal suffrage. They started small, but in 2002-3, anti-PRC activists received a boost of sorts when a proposed law, Article 23, designed to suppress political activity and freedom of speech, especially criticism of the PRC, became a rallying issue. Article 23 was indefinitely shelved when half a million people came out in demonstrations against it in July 2003. Since that time the struggles between pro-democracy and pro-Beijing forces in Hong Kong have been increasingly overt. Since 1997, the PRC has been keen to have the territory controlled by regime puppets. The first was Tung Chee-hwa, a more or less unknown businessman given the title of Chief Executive of Hong Kong at handover. He faced extreme pressure to resign during the 2003 demonstrations, and finally stepped down in March 2005, under some pressure from Beijing for corporate mismanagement. He’s still influential in Hong Kong and recently blamed, at least in part, the introduction of liberal studies (during his administration) for the current unrest. Might be right there.

Tung’s replacement was Donald Tsang, who seems to have been a more able administrator, though his popularity gradually declined during his 7 years in office as he became involved in business scandals as well as mishandling, according to his own admission, a new Political Appointments System, which critics found lacking in transparency, among other things. Clearly with so much at stake, and with so much suspicion of Beijing interference, the Chief Executive role has been anything but an easy ride.

The third Chief Executive was Leung Chun-ying, surprisingly elected in 2012 – the electors being the 1200 or so members of the Election Committee, largely controlled by Beijing. He had a reputation as a reformer, within the extremely narrow confines acceptable to the PRC. During his incumbency social unrest culminated in the umbrella movement of late 2014. Like many similar protest movements over the past few years, this changed nothing in terms of democratisation for the region, even if it proclaimed to the world that Hong Kong was prepared to fight hard for its freedoms. Serious rioting also broke out in late 2016, in response to an attempted government crackdown on street hawkers. Again, Hong Kong residents and business people were showing their spirit for combatting government heavy-handedness. It’s also clear however, that the Beijing thugocracy knows nothing other than heavy-handed control of ‘its’ people. It’s a recipe for major confrontation.

In recent times Hong Kong has experienced serious housing problems and a growth in the proportion of people living below the poverty line. This and concerns about PRC interference have created growing levels of unrest. The manner in which the Hong Kong Chief Executive is elected has been a sore point, with protest leaders pointing out that it fails to satisfy ‘international standards in relation to universal suffrage’ – this is enshrined, for what it’s worth, in Article 45 of the Basic Law of Hong Kong, which requires ‘selection of the Chief Executive by universal suffrage upon nomination by a broadly representative nominating committee in accordance with democratic procedures’. Of course, this is as likely to be honoured by Beijing as is the UN-directed Palestinian ‘right of return’ by the Israeli government, and no reforms have occurred for the most recent election in 2017, which brought the current Chief Executive, Carrie Lam, to power. All of these CEs have been more or less pro-Beijing puppets.

The most recent unrest was, of course, sparked by a recent bill proposed by Lam, which would allow criminals, and political prisoners, to be extradited from Hong Kong to China. And we all know that political prisoners are to the Thugburo as an Englishman is to the Fee-Fi-Fo-Fum giant. The protests have been massive, causing the bill to be indefinitely shelved. Lam has since stated publicly that ‘the bill is dead’. Interestingly, though, the protest movement has continued…

This obviously inadequate summary of Hong Kong’s history has helped me in coming to a better understanding of current events, which the democratic world in particular is watching with fascination and foreboding. As I may have mentioned, I would’ve been in Kowloon next week but for a health issue (not my own) which caused us to cancel, so that adds to my interest in these tensions and their possible outcomes. In my next post I’ll try to get my head around more of the details of the current situation.

References

https://en.wikipedia.org/wiki/History_of_Hong_Kong

https://en.wikipedia.org/wiki/Handover_of_Hong_Kong

https://en.wikipedia.org/wiki/2019_Hong_Kong_extradition_bill

Written by stewart henderson

August 15, 2019 at 9:08 pm

situation USA 3: the right i word

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Nancy Pelosi – trying to make the best of a bad system

I’ve been saying from the start that impeachment – thankfully not a part of the Westminster system – is a hopelessly politicised process, and that someone like Trump should be dealt with by straightforward, clear-cut law. Unfortunately, when it comes to white-collar crime – which is far from being victimless – the USA doesn’t set a great example. Though of course it’s not the only democratic nation to fail in this regard. However, Trump has pushed white-collar crime about as far as it can go without consequences. Just about all he has going for him presently is Presidential immunity. That’s why his principal aim right now is to extend that present as far into the future as possible, and that’s why I’m predicting that things will get worse. He won’t give up the presidency without a very ugly fight.

Nancy Pelosi has been in a friendly-fire fight with Jerry Nadler over the right i word. She says it’s imprisonment, and of course I agree with her. The USA needs to create clear law wiping out presidential immunity ASAP if it’s to regain the respect of the international community, but of course this won’t be possible until 2021. In the meantime, the House should continue to build its case against Trump, just as law officials are doing outside of Congress.

CNN ‘Editor-at-large’ (what does that mean? Editor who should be in prison?) Chris Cillizza has written a strange and quite silly piece, saying Trump’s imprisonment is ‘not likely’. His first point is that Pelosi, by bringing up the right i word, is trying to show Nadler and others that, by opposing the rush to impeachment, she’s not being soft, but realistic. It’s indeed an incredible thing that the Senate Republicans are largely choosing to stand by their flim-flam man, but it’s a fact, and proof of the tainted, politicised process that impeachment is. But Cillizza then describes this word as a ‘rhetorical grenade’. Rubbish, I say. The fact that Trump is still President-at-large is a disgrace. For a start, he’s not an ‘unindicted co-conspirator’ in the SDNY case which saw his fixer plead guilty on two felony counts. I realise this a term of legal art, but it completely misrepresents the situation, in which Trump was the boss and Cohen merely the gofer. And of course the campaign violation stuff is just the tip of the iceberg.

Cillizza then instructs his readers with this gem of wisdom:

Remember that impeachment and indictment are two very different things. The first is a political process, the second is a legal one.

Wow. Is he addressing 10 year-olds or is he one himself? Anyway, he goes on rather long-windedly to point out that impeachment won’t work due to the GOP Senate majority and the two thirds rule. I’d be even more brief. Impeachment is gobshite. Only in America (ok – also in South Korea, Taiwan, Brazil and any other country fool enough to follow the US system).

Cillizza goes on to ‘examine’ the possibility of imprisonment. It’s more of a glossing over, however, than an examination. The Mueller Report itself evaluates ten cases of obstruction of justice, some of which are strong enough to have over 700 federal prosecutors (as of a month ago – the number keeps rising) sign a letter baldly stating that Trump would face ‘multiple felony charges’ on obstruction alone if he was not President. What this says about the totally stuffed federal political system of the USA should indeed be clear to any wide-awake 10 year-old. Then there are the 16 or so criminal probes involving Trump, his foundation, his taxes, his inauguration, his emoluments violations, his anti-immigration horrors (his worst crimes while in office), his links with Russia and the Middle East, the Deutsche Bank money laundering scandals etc etc. It’s abundantly clear that Trump is a pre-teen spoilt brat turned career criminal – because, given his background, he couldn’t succeed at anything else. But a spoilt child, like a spoilt dinner, doesn’t spoil itself. It’s spoilt by its ‘makers’, and I’m not talking about gods. I’m talking about parents and environment and other early influences. So Trump isn’t to blame for becoming the US President, and making the US Presidency the object of global scorn and opprobrium. The fault lies with the US political system itself. The USA allowed this fainéant to become its President (not forgetting Russia’s sly assistance), because it takes pride in allowing anyone to become President. No screening for party allegiance, no screening for legal or political or historical literacy, no screening for business integrity or acumen, no screening for any kind of competence whatsoever. And instead of assuring the world – noting that we’re talking of the world’s most powerful nation, economically and militarily – that with great power comes great responsibility – it teaches us that, in the US at least, with great power comes great immunity.

But let’s get back to Cillizza’s piece. Here are his concluding remarks.

To be clear: Neither impeachment nor arrest is a sure thing. In fact, neither are even long shots. We are deliberating between something that is very, very, very, very unlikely to happen and something that is very, very, very, very, very unlikely to happen. But between impeachment and imprisonment, the former is the far more viable option. No matter what Pelosi wants.

As I’ve made clear, I have no interest in impeachment, but Cillizza is arguing – or, rather, stating, that imprisonment is a virtual impossibility for this career criminal, in spite of all the evidence piling up against him – which will always amount to a mere fraction of his wrong-doing. And yet, my impression is that Cillizza’s as jingoistic about ‘the leader of the free world’ and ‘the light on the hill’ as most Americans. The proverbial frog in the slowly boiling water comes to mind. If Trump escapes imprisonment, then surely that frog is doomed.

References

https://edition.cnn.com/2019/06/06/politics/nancy-pelosi-trump-prison/index.html

https://www.washingtonpost.com/powerpost/pelosi-tells-colleagues-she-wants-to-see-trump-in-prison-not-impeached/2019/06/06/afaf004a-8856-11e9-a491-25df61c78dc4_story.html?utm_term=.4907d39b22c7

https://www.wired.com/story/trumps-world-faces-16-known-criminal-probes/

View at Medium.com

Written by stewart henderson

June 9, 2019 at 3:33 pm

situation USA 2 – very likely, the worst is yet to come

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The USA, over the past two and a half years, has been the object of a global ridicule and opprobrium never experienced before in its history, and it’s largely deserved. And the reason lies in a flaw in democracy pointed out by Greek philosophers, unabashed anti-democratic elitists, some 2500 years ago. Their concern was that the people could be too easily swayed by populist demagogues, individuals who, either through self-delusion or basic deceit, promised everything and delivered nothing, or worse.

There’s a famous quote, attributed to Churchill, that democracy ‘is the worst system of government, apart from all the others’. That description should be taken seriously. There’s no perfect system of government, in fact far from it. And democracy, in its purest form, is never practised anywhere. I’ve heard it said that a free press and an independent judiciary are two of the ‘pillars of democracy’. This is false. They’re in fact bulwarks against democracy. Both of these institutions are elite meritocracies. Another essential bulwark against democracy is an independent science and technology sector. If we based our acceptance of science on popular vote, we’d almost certainly still be living in caves, subsisting on the most basic requirements for survival. So let’s not worship democracy, but nor should we throw it out with the bathwater.

Democracy’s biggest saving grace is that it is inclusive. Everybody gets to have a say. One possible vote for each adult – assuming there’s no corruption of the process. In this respect, if nothing else, everybody is equal. Yet we know that no two people reflect in an ‘equal’ way, whatever that means, before casting their vote. Some are massively invested in voting, others barely at all, and their investments go in innumerable directions. Some of those directions never change, others zig-zag all over the place. And history shows, as the Greek philosophers knew well, that a licence to vote doesn’t turn anyone into a discerning voter.

The USA, it seems to me, suffers from two problems – too much democracy on the one hand, and too great a concentration of power on the other. They say that in the USA, anyone can become President. This is something Americans like to brag about. It’s not true of course, but even if it were, it wouldn’t be a positive. There appears to be no screening for such candidature. Some Americans are calling for extreme vetting of immigrants, but nobody appears to be calling for the same for Presidential candidates. You might argue that the same goes under the Westminster system of democracy, but in fact there is such a system, albeit informal, for attaining the position of Prime Minister. She must first gain the approval of her party, her team (and she can be dumped by that team at any time). In the 2016 US election, the candidate Trump by-passed the party he claimed to be a member of, and appealed entirely to the people, with a wide range of vague promises and claims about his own brilliance and effectiveness. The business cognoscenti knew well enough that Trump was a buffoon, a blowhard and a flim-flam man, but they also knew that his presidency, in being good for his own business, would be good for other businesses too, especially in the field of taxation. The Republican Party as a whole – with a number of notable exceptions – fell in line. Those who believed in minimal government recognised that Trump’s noisy incompetence would actually bring about minimal government by default, and give the governmental process a bad name, which was all fine by them. The question of ethics rarely entered into it.

As a distant watcher of what I’ve called the slow-motion train wreck of the Trump presidency, I’ve learned more than I ever thought I would know about the US presidential system, and more than I ever wanted to know about Trump himself.

For some time, Trump was nothing more than a funny name to me. My first full-on experience of him must have come from an early showing of ‘The Apprentice’, probably accidentally stumbled on through channel-hopping. I’ve never taken much interest in the business world, mea culpa. Within literally seconds, I was thinking ‘If I didn’t know better, I’d assume this was a black comedy. The host talks total gobshite, and the contestants, all actors, treat him like a deity. His very name is meant as a joke – he trumps everyone else in spite of being tasteless, boorish and pig-ignorant – and the contestants, who are put up in a monument to vulgarity called ‘Trump Tower’, swoon at all the gimcrack opulence. No better caricature of the Ugly American has ever been created’. Yet I knew that this was no caricature. Or rather, Trump was a caricature, but also a real human being.

What I didn’t know then, and what I’ve learned since his accession to the presidency, was the extent of Trump’s criminality. This has been fully revealed through a couple of New York Times stories, but I first learned about it through Sam Harris podcasts and other outlets, as well as through the words and behaviour of Trump himself, and his thuggish cronies. His use of standover men, fixers and the like has all the markings of organised crime – or somewhat disorganised crime in Trump’s case. The fact that he has gotten away with this behaviour for decades is a testament to the problems of the US justice system.

Trump became President with a minority of votes – this time revealing a problem with the federal electoral system. Claims by pundits such as Niall Ferguson that Putin’s interference in that election had a minimal effect were either naive or politically motivated. The Putin dictatorship’s actions were sophisticated and brilliantly targeted, and the subsequent response of Trump to the clear evidence of that interference should have been enough to have him thrown out of office. Another massive problem with the US federal system.

Sensible Americans are now faced with the problem of getting rid of Trump, and engaging in the root and branch reform of the disastrous system that allowed Trump’s rise to and maintenance of power. It seems, from other pundits I’ve read, that the US Presidency has experienced a kind of ‘dictatorship creep’ over the years, and this now needs to be confronted directly. The judiciary, for example needs to be fully independent, with the highest positions decided upon by judicial peers. Presidential emoluments need to be eliminated through clear, solid law. Presidential pardoning powers need to be sharply restricted, or preferably removed from the President altogether and placed in the hands of senior law officials. The presentation of all available taxation documents must be a sine qua non of presidential candidacy. If Presidents are to be directly elected – not a great idea IMHO – it should be through a first-past-the-post, one-vote-one-value system. Presidential immunity must be jettisoned, and if this interferes with the President’s role, this should scream to the American people that the President’s role is too burdensome, and that governmental power needs to be less concentrated and more distributed.

All of the preceding, and more, seems obvious to an outsider, but among Americans, brought up since infancy to believe they have the best government in the multiverse, self-criticism in this area is hard to come by. Possibly more abuse of the system by Trump and his enablers will wake Americans up to what’s needed, but I remain skeptical.

Which brings us back to the immediate situation. I have to admit, what has surprised me more than anything about this presidency is that Trump’s following hasn’t been reduced substantially since falling to around the 40% mark very early in his term. Clearly, his base, much-despised by Trump himself, has gained nothing from his incumbency, as opposed to the super-rich (small in number but gargantuan in power), who see through Trump but cynically support his lazy, neglectful attitude to government administration. The fact that this base is solid and easily aroused reveals a long-standing problem in America’s individualistic, mistrustful, and massively divided society. Trump is wily enough to try to take advantage of this discontent, especially as the law appears to be closing in on him. He may not have the numbers to win another election, but he is very likely to use those numbers to do as much damage to America’s much-vaunted but clearly very fragile separation of powers as he possibly can. I’m unfortunately quite convinced that the worst of the Trump presidency is yet to come.

Written by stewart henderson

May 13, 2019 at 7:30 pm

the USA’s presidential crisis – what will they learn from it?

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it really is this crazy

The USA has a tragic problem on its hands, of its own making. It now has, as its President, a career criminal, a narcissistic demagogue, a flim flam man who’ll stop at nothing to remain in power. Within a few days, though, his power will be curtailed and, I strongly suspect, and certainly hope, US law enforcement authorities will be rounding up some of his accomplices and generally turning up the heat. Everything about Trump tells me he would be prepared to destroy as much of the country’s political edifice as he possibly can, rather than go quietly.

But it’s the political edifice itself that’s allowed Trump, who isn’t a Republican, or a Democrat, or a politician or a businessman, to take over the ship of state and steer it on a bumpy ride to nowhere. This could never have happened under the Westminster system, which pertains in Britain and Australia, two countries of which I happen to be a citizen. 

The flaws in the US Presidential system have been unwittingly exposed by Trump, and this may be the one true gift he will have bestowed on his people, just as the horrors of the great European wars of last century left the one bright legacy of over seventy years of peace in Western Europe. 

So what are these problems? Well there’s one general problem of democracy, which is shared by all democratic countries, and that’s the fact that not everyone eligible to vote is sufficiently informed or detached to use their vote to the best advantage of themselves or the nation as a whole. Many are massively influenced by what is called ‘identity politics’, because they identify with a particular sub-culture, be it ethnic, religious, job-related, or special-interest-related in a host of ways. Many simply don’t understand much about politics and are easily swayed by political promises or the promises made by those around them on behalf of politicians. The intellectual elites, the cognoscenti, have no more weight to their vote than the more or less completely clueless. 

This problem is exacerbated in the USA by the fact that, every four years, they’re asked to cast a vote essentially for one person over another. In the run-up to that vote there’s massive fund-raising and lobbying, hype (short for hyperbole), overblown promising, and circus-like razzmatazz and bells and whistles. 

The one-against-one competition is, it seems, typically American, where the ‘great man’ who saves the world by single-handedly defeating all enemies is a staple of Hollywood blockbusters. In contrast, elections in the Westminster system are more like a blend of the American mid-term and presidential elections, but with much more of the mid-term than the presidential. People essentially vote for parties – a major party of the left and of the right, together with smaller independent parties and independent members. The two major parties and the smaller parties all have leaders, of course, and they’re elected by the rest of the elected MPs of their parties. They’re the ‘captains of the team’, and they work with them in parliament. The Prime Minister, the leader of the party elected to power in general elections, is thus in a very different position from the US President, who resides in and works from the White House, surrounded by staff and officials who are appointed by himself (though more or less vetted by others) without necessarily having been elected by the public to any office of any kind in the past. These include some very influential positions indeed – the 15 members of the Presidential Cabinet including Secretary of State, Secretary of Defense, Attorney-General and Chief of Staff. The President thus heads the ‘executive branch’ of government, which is entirely separate from parliament, or congress.

Under the Westminster system there’s no such separation. The Prime Minister does get to select his cabinet, but they’re all appointed from within parliament, and all of them work within the House, or the Senate. So the PM is literally ‘primus inter pares’, first among equals, and often has to defend his or her ministers and policies in the teeth of opposition sitting across the aisle. This creates much more of a team spirit, and if the PM ‘goes rogue’, as Trump clearly has, his party can organise a no-confidence motion to oust him. Such an event obviously has major repurcussions for the nation, but they are clearly nowhere near as disastrous as the ousting of an American President. Though, arguably, the difficulties involved in ousting the President are even more disastrous. 

In watching and learning about the US political system over the past year or so, I’ve been totally astonished at the power granted to the President, and with that power comes a sense of Presidential immunity, due to his ‘indispensability’. This is virtually a recipe for demagoguery and dictatorship. The current President has clearly utilised powers that previous Presidents quite probably didn’t know they had, because they grew up within the usual ethical guidelines of the vast majority of people, regardless of background. Trump has no such guidelines, and so has sacked appointed officials without replacing them, has used pardoning powers – and will continue to do so unless ousted – without restraint, and has issued executive orders in a manipulative and detrimental fashion. He has monetised the Presidency, obstructed justice by declaring war on the FBI and justice department officials, viciously and relentlessly attacked the fourth estate, and spread myriad falsehoods with impunity.

All of this has created a kind of internal paralysis in the US, while making the country and its President both a laughing stock and a cause for grave concern worldwide. Meanwhile the success of demagoguery and ‘power’ over ethics has had its echoes in elections in Austria, Sweden and Brazil. But the USA’s political problems are unique. The two principal problems are – How do you rid yourself of a rogue president? and, How do you present this from ever happening again?

Many concerned Americans are looking to the process of impeachment as the solution. I’m writing this on the day (in Australia) of the mid-term elections, November 6, though the USA is some 11-12 hours behind us in central Australia. It seems likely that the Democrats will take control of the House and possibly the Senate, though I wouldn’t bet on it – I usually get these things wrong. But impeachment is a political process and therefore highly partisan in a nation that has become partisan perhaps to the point of extreme violence. Impeachment doesn’t exist in the Westminster system, because there is clearly no need for it.

For a Prime Minister, under the Westminster system, to ‘successfully’ go rogue, as the US President has, he would have to carry the whole of his party with him, or a substantial majority, as the party system and party loyalty are deeply entrenched in the polity. A no-confidence motion in the Prime Minister can be put up at any time during parliamentary sessions, either from within the PM’s party or from the opposition benches. It’s easier for the President to become a ‘one-man band’ because he’s entirely cut off from congress. I don’t know if Trump has ever entered congress. There seems no reason for him to do so. This complete disconnection from what is is supposedly his own party and government is, I think, disastrous. 

The massive power of the President – veto powers, pardoning powers, executive orders, and apparent, if limited, immunity from prosecution – is no small problem for a country that is the most economically and militarily powerful in the world.  Rachel Maddow of NBC has highlighted the problem of prosecuting the President. If he is charged and placed in custody or let out on bail, does he still have presidential authority? If not, who does? This would not be a problem under the Westminster system – the Deputy PM would step up, as s/he does when the PM is overseas. And if the matter were serious enough, that deputy, or another senior cabinet minister, would take over the PM’s role permanently. And there would be no hesitancy, under that system, to arrest and detain. Why should there be? The law should treat all offenders in precisely the same way.

In the US there seems to be a lot of confusion on these matters. Many consider the President ‘too important’ to be charged with a crime while in office. This is truly ridiculous. If you have allowed one person to be so important within your political system as to be above the law, for even a second, then your political system sucks, to put it mildly. 

Another bizarre anomaly of the US system is this ‘hanging back’ by the federal authorities, in terms of subpoenas and indictments, during pre-election periods. This, it seems to me, is an interference, by a kind of stealth, of the judiciary by the political sphere. Where did this ridiculous idea come from? It seems abundantly clear to me that when investigating potential felonies of any kind, the political background should play no part whatsoever. Once investigators have ‘all their ducks in a row’, as Americans like to say, that’s when prosecutions should begin. I’ve no idea right now what will happen to Trump after these elections, but he has already been clearly implicated in campaign finance violations via his criminal fixer, so prosecutions should have occurred already. To not institute criminal proceedings when everything is set to do so, because of some election or other – that constitutes political interference. Am I missing something here?  

Assuming that Trump is indicted after these elections (though what I’ve heard is that the Mueller will only issue a report to congress, even if it includes indictable offences, which makes my head spin with its unutterable stupidity and dereliction of duty), is it likely that Trump will give himself up to authorities? Trump is a career criminal who has never spent any time in jail, though his tax crimes and various scams should have seen him incarcerated for much of his adult life. It’s hard to know what he’ll do when cornered, but I can’t imagine him giving himself up to authorities. The real crisis is about to hit the fan, so to speak. It will get very very bumpy over the next few months, no matter what the election result. 

The other major question is – what will Americans learn from the Trump disaster? Will they reform their political system? With their jingoistic pride, I don’t hold out too much hope. My guess is that there will be some reform around the edges – the emoluments clause might be ‘promoted’ to something more than a mere clause, for example – but their beloved but outdated Constitution will remain largely untouched, and they’ll still keep their POTUS in splendid isolation, a law unto himself and a potential threat to their nation and the outside world. But then, as some dipshit has often said, we’ll have to wait and see. 

 

Written by stewart henderson

November 6, 2018 at 8:52 pm