an autodidact meets a dilettante…

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Archive for the ‘US constitution’ Category

reading matters 3

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Will he go? Trump and the looming election meltdown, by Lawrence Douglas, Professor of law, jurisprudence and social thought, Amherst College

Content hints

  • failure of impeachment, high crimes and misdemenours, rigged voting, media scum, sleepy Joe, election hoax, treason, fraud, shades of 2016, tweetstorms, dictator worship, Putin, Erdoğan, Orbán, the USA’s quaint constitution, pathological lying, Presidential authority to ban media, Trump as weak authoritarian, foreign interference, catastrophic scenarios 1,2,3, the unforeseeable, the electoral college and faithless electors, uniquely awful system, hacked elections, profoundly antidemocratic outcomes, gerrymandering, swing states, 12th amendment, enemies of the people, problems of peaceful succession, civil war, hang on, bumpy ride.

Written by stewart henderson

June 28, 2020 at 3:01 pm

yank jingoism – why is it so?

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Patriotism is, fundamentally, a conviction that a particular country is the best in the world because you were born in it

George Bernard Shaw

I believe in American exceptionalism.

Joe Scarborough, MSNBC presenter (born in the USA)

I’ve had a gutful. I was listening to an American cable news program, which I do too often these days, and the interviewer was discussing the distinct possibility, much mooted currently, of Trump not giving up power peacefully later this year. Before asking his question, the interviewer spoke of America’s ‘unique and historic tradition of peaceful transition of power’. The word ‘unique’ jumped out of the screen and smacked me in the face like a wet kipper, and of course this piece of bullshit went unchallenged by others, either because they considered it irrelevant, or not worth correcting, or because they actually believed it, or, most likely, because it was so much a part of the ‘American exceptionalist’ blather that forms the background of political discussion there that they didn’t even notice it. Yet all they have to do is drive a little north and cross the border to find another of many such ‘unique’ nations.

I was born in the UK and have lived most of my life in Australia. I’m a humanist with no strong nationalist allegiances or convictions. Australia has a federal, Westminster-based system, and is a relatively new nation which has experienced peaceful transitions of power since it became fully independent a mere 120 years ago. The UK has experienced peaceful transitions of power since its constitutional monarchy was established after the Glorious Revolution of the 1680s, a full century before the USA achieved nationhood. I’ve already written here about the lies so many Americans tell themselves about the USA being the birthplace of modern democracy. And this is not to say that the ‘American experiment’ wasn’t one of the many important little steps taken since Magna Carta towards effective democracy, along with the aforementioned Glorious Revolution and the early parliaments under Simon de Montfort and Oliver Cromwell.

Of course there are good, balanced American historians, and the troubles now occurring there are a reminder to everyone about those excluded from political and economic power both in the USA and elsewhere, but my concern here is to get to the bottom of why so many Americans have this un-self-critical view of themselves. Is it a problem in their educational system? Is American exceptionalism drummed into their heads from the kindergarten years, as I suspect? Is this sense of American ‘specialness’ more prevalent among those who’ve never actually stepped outside of the country, as I also suspect?

Ideas about the American ‘experiment’ as something special of course abounded in the early years of the colony. Founded mostly by puritan radicals in the 17th century, it was certainly exceptionally religious, and could also be described as exceptional in other ways – in having to deal with an established and proud indigenous population, in having to bring under white, Europeanised control and cultivation an enormous area of land, and in having to devise a new polity from British and European sources. But of course I’m not talking about the ‘exceptionalism’ of the colonial experience, more or less shared by Australia, New Zealand, Canada and the South and Central American nations, I’m talking about ‘exceptional’ as in ‘better’.

It’s quite amusing to note Alexis de Tocqueville’s usage here, which seems to amount to damning with faint praise:

The position of the Americans is therefore quite exceptional, and it may be believed that no democratic people will ever be placed in a similar one. Their strictly Puritanical origin, their exclusively commercial habits, even the country they inhabit, which seems to divert their minds from the pursuit of science, literature, and the arts, the proximity of Europe, which allows them to neglect these pursuits without relapsing into barbarism, a thousand special causes, of which I have only been able to point out the most important, have singularly concurred to fix the mind of the American upon purely practical objects. His passions, his wants, his education, and everything about him seem to unite in drawing the native of the United States earthward; his religion alone bids him turn, from time to time, a transient and distracted glance to heaven. Let us cease, then, to view all democratic nations under the example of the American people.

Alexis de Tocqueville, Democracy in America, 1840

I have no great objection to American capitalism which, properly regulated, is a benefit, or should be, but many of the new nation’s apostles of liberty, such as Jefferson, were slave-owners, and the contribution of slavery to the development of the nation’s economy still receives scant recognition. And the point here is not to condemn the USA for its misdeeds – Australia doesn’t have a proud record in this regard – but to point out that the USA is no more or less liberty-loving, racist, exploitative, generous and selfish as any other Europeanised, or indeed human, nation.

But of course every nation is different, if only in degree rather than kind. Some scholars have argued that the USA is more ‘classless’ than Western European countries. That may be true, depending on your definition of class, but the country is old enough to discuss the difference between old and new money – the old Vanderbilts and Rockefellers versus modern real estate crooks and tech billionaires – and more importantly, this idea of classlessness is hard to sustain in the light of a massive rich-poor divide that makes a mockery of the American Dream. The African-American population, somewhere between 12% and 14% of the total, are statistically worse-off by every measure and by substantial margins. Again this is a problem for many other countries with ‘first-nation’ or minority cultures, but the US hasn’t found better solutions to these issues than any one else.

Freedom is of course often trumpeted as the force that propels US superiority. No country is as free as the US, so the story goes. This freedom, and distrust of government oversight and over-reach, appears to be one of the factors driving that nation’s tragic covid-19 response. I note that the New York Times has an article showing that many of the nations with female leaders (e.g. Taiwan, Germany, Denmark, New Zealand, Finland and Norway) are handling the pandemic far better than others, especially those with buffoonish and/or overly macho ‘I know best’ leaders (e.g. the USA, the UK, Brazil, Russia and Iran). We often mock male bluster, but the fact is that it can come at a great cost – and so can myths about individual freedom. I read somewhere that there were even protests in the USA against wearing masks during the ‘Spanish flu’ pandemic which killed over 50 million – ‘my freedom trumps your fear’.

As I’ve often written, we’re the most socially constructed mammals on the planet, and we owe to that social construction, first in tribes and villages, then in larger states and civilisations, our domination of that planet, for better or worse. It’s true that for most of our history, government has been too pyramidal, heavy-handed and ruthless, with most of the population consisting of landless ‘peasants’, despised and exploited by a fortunate hereditary minority of nobles, lords, daimyos, boyars, nan, seigneurs etc, and the USA, with its ‘we, the people’, played an important role in further flattening that gradually flattening pyramid of power. But there’s a real problem with the anti-government ‘freedom’ that so many Americans seem to espouse. It’s seen in the lack of a national healthcare system, the lack of a decent minimum wage, the weakness of environmental protection, the apparent lack of anything like truth in advertising, the gun craziness, and so much else. While I’ve met many a likeable American sojourning in my world, I don’t think I’ve ever met one who doesn’t ultimately complain or make mention of the ‘nanny state’ here in Australia. My guess is that they would make the same complaint in any non-American democratic country. The idea that a state would go out of its way to provide affordable housing, healthcare, education and other benefits to its citizens, and enforce particular norms, such as the driving of roadworthy vehicles, the wearing of bicycle helmets, the banning of smoking in particular areas and the like, all this seems to outrage the American sensibility. But what can you expect of a people who actually seem to believe that the right to own guns makes everybody more safe?

Of course, not all Americans are that silly, but the shifting balance between individual freedom and community responsibility (embodied in taxation, minority protections and developing provision of opportunity, inter alia) is never easy for nations to get right, and always in need of adjustment. The USA, it seems to me, is more in need of such adjustment than most advanced nations at present.

The aftermath of the Trump horrorshow, surely arriving in a few months, must be used for thoroughgoing troubleshooting and reform of a broken system. The current administration has revealed massive problems with the USA’s beloved, antiquated Constitution, and the lack of effective law around emoluments, the legal status of the President, vetting for high office, long overdue reform of the electoral college system and a host of other checks and balances, but these are essentially administrative matters. The more pressing but intractable problem is with the country’s culture. Internationally, I suspect there will have to be a lot of fence-mending and rather less breast-beating – the world really doesn’t need the ‘American leadership’ that David Frum and others seek to restore. There aren’t too many western nations seeking to emulate the American system. What they’ll be expecting is partnership, respect and forthright, humane dealing. All nations need to understand that economic and military might has nothing whatever to do with moral stature. As to how the USA deals with its many internal problems over the next few years, we’ll be watching with interest. Recycling jingoism and American exceptionalism won’t be solutions, they’re clearly tied up with the problems. The next couple of decades will be vital for the USA’s internal and international future. It might well be a bumpy ride.

Written by stewart henderson

June 16, 2020 at 4:51 pm

the US horror: the beginning of the end?

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right, and I didn’t even talk about education…

So there’s a bit of a crisis going on in the USA right now, and it may or may not be the beginning of the ‘blood in the streets’ scenario that I’ve been predicting and imagining as the end of this farcical, sad, disgusting, more or less unforgivable US Presidency.

The perennial pre-teen spoilt brat in the White Palace knows enough to know he might be nearing the end of the road, and all his crimes might be catching up on him. He has only one thing on his minuscule mind at the moment – winning an election. It’s like the scenario of an unbelievably melodramatic movie, proving that true scenarios are so often stranger than fiction.

I was never hugely engaged in US politics before the befuddled brat emerged as an unlikely candidate for one of the most responsible jobs on the planet. My thoughts then were – how can it be that such an obviously inept buffoon – a bragging, blustering blowhard incapable of ever saying, or thinking, anything remotely interesting – be permitted to be a candidate for such a position? What sort of a country…? Was this an example of American exceptionalism?

It still seems to me that the USA, not the babbling boy-bully, is to blame for this disaster, which cost lives and destroyed childhoods at the southern border, and has now wrought tragedy upon the country in the form of thousands of lost souls. Any reasonable person, examining this clown’s history, would bar him from any position of responsibility anywhere. He’s never worked for anyone in his life, and would be incapable of doing so. I’m totally convinced that if he’d ever been hired as a kitchen or factory hand – jobs that I’ve held in the past – he wouldn’t have lasted till the end of the shift.

So why did the USA commit this fatal error? Why do Americans still proudly proclaim that anyone – even a profoundly underdeveloped malignant narcissist – can become their Prez?

It seems to me that at least one of the problems, perhaps the main one, is that they’ve fallen into the too-much-democracy trap. Democracy – which a lot of Americans seem to imagine was invented in their country – is not a perfect political system. Its most significant weakness – and I’m sick of pointing it out – was described two millennia ago by the ancient, avowedly elitist Greek philosophers Plato and Aristotle. And this weakness – populism or demagoguery – was exactly what the ageing brat exploited. Most other democratic countries provide screens against direct democracies though a process either of party discipline (someone applying for high office must prove to others that she can lead a team) or work on the ground (presenting her credentials to a particular electorate, and if successful locally, working herself up from there as an independent or party member). But the current American Prez has been allowed to bypass all that, and to do absolutely nothing but talk his way into high office (with more than a little help from his Russian frenemies). Promising everything works with a lot of people. And because of this, because, as a person who has spent sixty-odd years conning people out of their money and their brains, honing that one spoilt-brat skill of pretending to know what he’s doing and what he’s talking about, of barging about like an impressive-to-some bull in a china shop, he’s taken over a whole country, probably the only democratic country he could ever have taken over. Though, to be fair, he could’ve taken over other, non-democratic countries, with even more disastrous consequences – many dictators throughout history have had personal profiles similar to his.

The USA’s appalling Presidential system, with no vetting, with its ‘superhero fixit-man’ pitted against ‘superhero fixit-man’ elections, its reliance on a vaguely-worded and widely-worshipped Constitution rather than solid, clear L-A-W, its emoluments clause without claws, its White Palace in which the boy-king is able to sit amongst his selected sycophantic courtiers, fuming and tweeting and soiling himself instead of working in the cauldron of Congress or Parliament, proving himself every working day as a team leader and an agile opponent to his no-holds-barred critics… the USA’s system is to blame for this.

It’s long been my view, shared by a few others, but not enough, that this dangerous brattish narcissist will not go quietly, and that lives will be lost, and not his own, before he’s removed. Currently his hopes of ‘legitimate’ re-election are on a downward spiral, which makes him a very dangerous beast indeed. It’s clear that he sees the current riotous situation as an opportunity to create the kind of division he sees, in his strange unclear unerringness, as being to his advantage. It’s impossible to suspend a Presidential election, all the pundits say, but it’s not impossible to try to suspend an election. This bloke has gotten away with so much wrong-doing in his life, he’s been emboldened to try anything. Whatever happens in the next few months, I have a strong feeling that ‘we ain’t seen nothin yet’. I’m just glad I’m over here.

Written by stewart henderson

May 29, 2020 at 11:35 pm

there’s no such thing as a fair election 1: the apportionment issue

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Canto: So we’ve been talking about how politics have been interacting with the Covid-19 pandemic, and came to the tentative conclusion that strong centralised governments, collaborationist and respected by their citizens, were faring better at managing the situation than right-wing quasi-dictatorial anti-government governments like Trump’s USA, Putin’s Russia and Bolsonaro’s Brazil…

Jacinta: And those three countries just happen to fill the top three places in Covid-19 cases, though to be fair, they have very large populations. Anyway, the Scandinavian countries we looked at all seemed to have coalition governments of some kind, and from our great distance we preferred to assume that they operated through some kind of more or less happy consensus – but maybe not.

Canto: So we’ve been reading David Deutsch’s book The beginning of infinity, and there’s an interesting chapter, ‘Choices’, which looks at voting systems and what we want from government…

Jacinta: Or perhaps what we need, or should expect. What is objectively best, something which Deutsch, being a progressivist optimist, believes we’re converging upon – what he calls, in the political sphere, ‘advancing from misconception to even better [i.e. less damaging] misconception’. Deutsch considers first the ‘apportionment problem’ in the USA, a problem that many electoral polities have, as they attempt to represent particular electoral regions, with their different populations, fairly within a federal electoral system. The USA, like Australia and many other countries, has a House of Representatives, to indicate the aim of representative government. There are 435 US House seats, and the Constitution requires that these seats be apportioned to the states according to their populations. For example if state x has 5% of the nation’s population, it should get 21.75 House members. This is of course impossible, so the obvious thing to do is round up to 22, right?

Canto: Obvious, maybe, but brimming with controversy, because this rounding up, or down, will affect states’ representation, often rather more than was ever suspected. Deutsch imagines a more simplified House with 10 seats, and 4 states. One state holds a little under 85% of the population, the other three have just over 5% each. Rounding will mean that the large state gets rounded down to 8 seats, the three smaller states get rounded up to 1. This means that you have to add an extra seat, but it also means that the smaller states are over-represented, population-wise, and the large state is under-represented. And if you don’t add an extra seat, and the rule is that all states must be represented, then the larger state is reduced to a grossly unrepresentative 7 seats. You could of course add two seats and allocate them to the large state, giving it 9 out of 12 seats, but that still under-represents that state’s population, while enlarging the House to a questionable degree.

Jacinta: In fact a quick calculation shows that, to provide that large state with 85% representation, while giving the other three states a seat, you’d have to add 10 more seats, but then you’d have to add more seats to make the other states more representative – unless I’m missing something, which I probably am. And so on, the point being that even with a simple model you can’t, just from a mathematical perspective, attain very precise representation.

Canto: You could, on that simple model, take a seat way from the least populated state, and give it to the most populated one, thereby keeping the state to ten seats, but having no representation at all seems grossly unfair, and in fact the US Constitution explicitly states that ‘Each State shall have at least one Representative’. The aim, of course is to have, as near as can be, the right measure of representativeness. Having no representation at all, even in one small region, contravenes the ‘no taxation without representation’ call-to-arms of the revolutionary American colonists and the founding fathers.

Jacinta: Yet all the argy-bargy that went on in the USA in the 19th century over apportionment rules and quotas – and it was often fierce – overlooked the fact that black peoples, native Americans, the poor, oh and of course women, were not entitled to be represented. As Deutsch points out, the founding fathers often bandied about the concept of the ‘will of the people’ in their work on the Constitution, but the only ‘people’ they were really talking about were the voters, a small fraction of the adult population in the early days of the nation.

Canto: Nevertheless the apportionment issue proved the bane of election after election, eminent mathematicians and the National Academy of Sciences were consulted, and various complicated solutions were mooted but none proved to everyone’s satisfaction as the system kept chopping and changing.

Jacinta: Of course this raises the question of whether majority rule is fair in any case, or whether fairness is the right criterion. We don’t decide our science or our judiciary by majority rule – and good science, at least, has nothing to do with fairness. Arguably the most significant weakness of democracy is the faith we place in it. In any case, as Deutsch reports:

… there is a mathematical discovery that has changed forever the nature of the apportionment debate: we now know that the quest for an apportionment rule that is both proportional and free from paradoxes can never succeed. Balinski and Young [presented a theorem which] proved this in 1975.

Deutsch calls this a ‘no-go theorem’, one of the first of which was proved by the Nobel Prize-winning economist Kenneth Arrow more than twenty years before. Arrow set out five basic axioms that a rule defining ‘the will of the people’ should satisfy:

Axiom 1: the rule should define a group’s preferences only in terms of the preferences of that group’s members.

Axiom 2: (the ‘no dictator’ axiom) the rule cannot designate the views of one particular person regardless of what the others want.

Axiom 3: if the members of the group are unanimous in their preference for something, then the rule must deem the group to have that preference.

These 3 axioms are expressions of the principle of representative government.

Axiom 4: If, under a given definition of ‘the preferences of the group’, the rule deems that the group has a particular preference, this remains the group’s preference if some members who previously disagreed with that preference now agree with it.

Axiom 5: If the group has some preference, and then some members change their minds about another matter, then the rule must continue to assign the original preference to the group.

These all seem like unproblematic axioms, but Arrow was able to prove that they were inconsistent, and this turns out to be problematic for social-choice theory in general, not just the apportionment issue. According to Deutsch at least, it reveals the mythical nature of ‘the will of the people’.

Canto: Did we really need to be told that? There is no ‘people’ in that sense. And I’m not talking about the Thatcherite claim that there’s no society, only individuals. I’m talking more literally, that there’s no such thing as an indivisible national entity, ‘the people’, which has made its preference known at an election.

Jacinta: Agreed, but that rhetoric is so ingrained it’s hard for people to let it go. I recall one of our prime ministerial aspirants, after losing the federal election, saying ‘graciously’ that he would bow to the ‘will of the people’ and, what’s more, ‘the people always get it right’. It was essentially meaningless, but no doubt it won him some plaudits.

Canto: In fact, voting doesn’t even reveal the will of a single person, let alone the ‘people’. A person might register a vote for person x mistakenly, or with indifference, or with great passion, or under duress etc. Multiply that by the number of voters, and you’ll learn nothing about the soi-disant will of the people.

Jacinta: Okay, we’ve talked about the problems of apportionment under the US multi-state system. Next time we’ll look at the different electoral systems, such as proportional-representation systems and plurality or ‘first past the post’ voting. Is any system more fair than another, and what exactly does ‘fair’ mean? Good government is what we want, but can this be described objectively, and can this be delivered by democracies?

Canto: Well, here’s a clue to that good government question, I think. I walk into my class and I’m faced with twenty students. If I’m asked ‘who’s the tallest person in the class?’ I can come up with an answer soon enough, even if I have to make a measurement. But if I’m asked ‘who’s the best person in the class (not the best student), I’m very likely to be lost for an answer, even if I’ve taught the class all year….

Jacinta: Interesting point, but we’re not talking about the best government. There might be a variety of good governments, and you might be able to point out a variety of students/persons in the class who’ve positively impressed you, for a variety of reasons. Good government is not one.

References

David Deutsch, The beginning of infinity, 2011

The Institutional Design of Congress

Written by stewart henderson

May 26, 2020 at 10:08 pm

the wanker in the white palace 3: the impeachment failure

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words words words

It’s not accurate to say that impeachment was bound to fail in getting rid of the wanker, but it became increasingly obvious that it would fail, because too many politicians feel they owe their livelihood to him, or their prestigious position as ‘lawmakers’ and public personae. And of course there are a few who are too stupid to see what a wanker the wanker is, but they’re a small minority.

In this blog I’ve often stated that impeachment is a piece of shite. It would be nice to imagine that this latest débâcle would be enough for it be entirely expunged from the political system, but of course that won’t happen. This is the USA we’re talking about, after all.

It’s an odd term, derived from empêchement, a ‘prevention’ or ‘impediment’ from the verb empêcher. It’s used in many countries but has always struck me as an inadequate substitute for solid L-A-W law, as has been shown in this recent case. Of course, in order for this substitution to be effective, the administration of the law needs to be entirely separate from government. This is proving to be a problem in ‘the world’s greatest democracy’.

Three Presidents have been impeached. None of them have been removed from office. It all seems to be an expense of spirit in a waste of shame. But getting rid of impeachment, unfortunately, is just the beginning. I’ve already pointed out some of the failings of the Presidential system in general. Massive power, massive immunity. Are Americans really this stupid?

Yes, they are, or maybe it can happen to any state that promotes an uncritical, worshipful attitude towards its constitution, which, in the case of the USA, has created a Constitutional Presidency on the basis of the British Constitution Monarchy. And there’s no doubt that, at the outset, it was an improvement on the British system, which had, and still has, a hereditary monarch, rather than an elected President. However, the Westminster system has evolved since then, with the monarch’s power gradually reducing to, essentially, nothing, and all power being held by the duly elected parliament, a team with a team leader, working within the parliament, not in a white palace surrounded by thuggish hand-picked courtiers, who, unless they’re responsible citizens – the last people the wanker would choose – need know or care little about the workings of congress.

The USA regards itself as the first modern democracy. Not true. The very reason the founding fathers looked to the British system as a model was because of its parliamentary system, which, without doubt, the founding fathers improved upon. But, following the British system, with its minuscule franchise, those founding fathers, fearful of the ‘unenlightened’, made sure that the unpropertied and feeble-minded – the natives, the blacks and the women, were excluded from any say in government. And just to emphasise the woman issue, no country on this planet can call itself a modern democracy that doesn’t allow half its adult population to vote. American women weren’t given the vote till the 1920s, almost 30 years after women in my region were given it.

But really, all questions about democracy in the USA are now up for grabs. Things will get worse. It’s preposterous to imagine that the wanker (and this epithet shouldn’t entail under-estimation – he’s been made an extremely dangerous figure by the US political-economic nexus) will give up power peacefully. He’s been taught that he’s an eternal winner, so fasten your seat belts, it’s gonna be a bumpy year.

Written by stewart henderson

February 15, 2020 at 11:54 pm

the boy in the white palace 2: thoughts on Judge Howell’s decision in the Columbia District Court

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Beryl A Howell, Chief Judge, District Court of Columbia

Canto: So I’ve read the decision by the Chief Judge of the District Court of Columbia, which waved away the claims of White Palace lawyers, representing their Department of Justice (DOJ), ‘that existing law bars disclosure to the Congress of grand jury information’. Now, neither of us are lawyers, and I’d never heard of a grand jury before being drawn like a ghoul to the disaster of the bullish boy in the White Palace china shop – so reading this decision has been another of those steep learning thingies.

Jacinta: Yes, the grand jury concept does sound very grand, and a bit Olde Worlde, and I’ve discovered that it’s essentially an obsolete British thing, going back to Magna Carta at least, but now fallen into disuse except in two countries, the Grande Olde US of A, and, would you believe, Liberia. They appear to be a blunt tool of government, and another ‘only in America’ thing, almost. Here’s what an Australian academic blog, the conversation, has to say about it:

The main concerns about the process are that it is run by the prosecutor, no judge is involved, jurors are not screened for bias or suitability, the defendant is not present or represented, the prosecutors and grand jurors are prohibited from revealing what occurred, and transcripts of the proceedings are not made available.

So why does it exist at all? Well, it’s made up of ordinary citizens, rather than uppity legal folks – a grand jury consists of 16 to 23 people, unlike the petit jury made up of the standard dozen – so I suppose they thought it more democratic. They have to decide whether there’s enough evidence to charge someone. It’s like a pre-jury jury. But you can surely see from the above quote that it can be easily manipulated. And has been.

Canto: So this Judge Howell had to decide – but her decision isn’t final because it can be appealed, I believe – whether the DOJ was right in claiming that grand jury info (much of it redacted in the Mueller Report) should be handed over to the House Judiciary Committee (HJC).

Jacinta: So it’s a battle between the HJC and the DOJ, and may the best TLA win…

Canto: Judge Howell is in no doubt about the matter. ‘DOJ is wrong’, she writes multiple times in her 75-page judgment, in which she goes back to the findings of the Mueller Report. It’s funny, we’ve read that report but it’s so refreshing to be reminded of all the damning evidence, and the redacted stuff in part 1 which raised so many questions. There’s been so much that’s happened since, or so much that hasn’t happened that should’ve happened, that we’re inclined almost to believe that Mueller’s findings were unable to lay a glove on the White Palace incumbent, when the truth is far more sinister – that the whole US nation seems to have connived in allowing the boy-king to get away with everything, simply because he’s the King.

Jacinta: Well, I’m not sure about the whole nation, but of course you’re right that any nation, or political system I should say, that grants immunity to its all-powerful ruler, elected or not it makes no difference, while he holds the reins of power, is a global disgrace. It’s more or less the definition of a dictatorship. For example, he can’t be held to account if, while in office, he makes an executive decision to declare a state of emergency due to the massive corruption of all his enemies, and to abolish all federal elections forthwith.

Canto: A reductio ad absurdum perhaps, but one probably not far from the boy-king’s mind. In fact, the lad has been ‘joking’ about a third and fifth term. So people need that reductio kind of thinking to see what peril they’re in, seriously. And Judge Howell sees it clearly, as she reminds those who would read her that the boy and his playmates were found to have behaved very naughtily indeed, in a way that undermined the proper functioning of the state in multiple ways, long before the attempted extortion of the Ukrainian Prez.

Jacinta: Judge Howell argued, correctly, that a revisiting of the Mueller Report’s findings were in order for the purpose of deciding about these grand jury redactions. And so, she correctly reminded Americans that the Special Counsel found that links between the Putin dictatorship and the boy-prince’s pre-ascension team were ‘numerous’, and of course there was the Ukraine-Manafort nexus, which is mixed up currently with the lad’s most recent peccadillos. In fact, Her Honour helpfully points out that the then princeling likely knew about Dictator Putin’s assistance toward his ascension, by quoting from the Report:

Manafort, for his part, told the Office that, shortly after WikiLeaks’s July 22 release, Manafort also spoke with candidate Trump [redacted]. Manafort also [redacted] wanted to be kept apprised of any developments with WikiLeaks and separately told Gates to keep in touch [redacted] about future WikiLeaks releases.

According to Gates, by the late summer of 2016, the Trump campaign was planning a press strategy, a communications campaign, and messaging based on the possible release of Clinton emails by Wikileaks. [Redacted] while Trump and Gates were driving to LaGuardia Airport. [Redacted], shortly after the call candidate Trump told Gates that more releases of damaging information would be coming.

Canto: Yes, those redactions seem to indicate that the then princeling and his courtiers knew about, encouraged and accepted foreign interference – hardly surprising news, but under the USA’s highly-worshipped Constitution that there’s a rootin-tootin High Crime and Mister Demenour.

Jacinta: But it doesn’t matter because the boy-king has absolute power and can do whatever he likes, he done said it hisself. And apparently there are some powerful American folks, apart from his courtiers, that pretty much agree. The King just has too many responsibilities to be interfered with while in office by such petty matters as criminal charges – which is a pretty obvious problemo, as the King can simply increase his duties, and make them permanent, in order to make himself more immune, for a lifetime.

Canto: So Judge Howell looked at this too, because this apparent immunity hangs by the slender thread of a view held by the DOJ ‘Office of Legal Counsel’ (OLC). Her Honour quotes from the Mueller Report, and adds her own very interesting comments:

“Given the role of the Special Counsel as an attorney in the Department of Justice and the framework of the Special Counsel regulations,” the Special Counsel “accepted” the DOJ Office of Legal Counsel’s (“OLC”) legal conclusion that “‘the indictment or criminal prosecution of a sitting President would impermissibly undermine the capacity of the executive branch to perform its constitutionally assigned functions’ in violation of ‘the constitutional separation of powers.’” …. This OLC legal conclusion has never been adopted, sanctioned, or in any way approved by a court. 

What I suspect Judge Howell as saying here is, ‘it’s about time a proper court got hold of this OLC ‘legal conclusion’ and subjected it to the proper legal scrutiny it deserves, or very much needs.

Jacinta: She’s also happy to use the term ‘stonewalling’ in describing the DOJ ‘s tactics with regard to these redactions, a stonewalling that continues to this day.

Canto: Yes, and it’ll be interesting to observe the fate of Billy Barr, a principal toadie of the boy-king and Grand Marquis of the DOJ, as these adventures in Toyland play out.

Jacinta: So, overall, Judge Howell’s pretty contemptuous of the DOJ arguments, which she would prefer to call “arguments”, and has been extremely diligent in refuting them from every possible perspective she can think of, with a lot of case law and something of a history lesson regarding the thoughts of James Madison, Alexander Hamilton and others. I’m thinking that not only will we have to bone up on US Federal law (and a lot of other law), we’ll have to read the whole of the US Constitution and the Federalist Papers to get more thrills out of watching this battle between the boy-king and the Constitutionalists (if that’s what it is) play out.

Canto: Yes, and I’ll be even more interested in the aftermath, after the bodies are buried and the blood has been wiped away. Will Americans still want to say that their quasi-dictatorial political system is the greatest in the known universe?

Jacinta: You betcha.

first volume of a collection of papers on the US Constitution, by Alexander Hamilton, James Madison and John Jay, quoted in Judge Howell’s decision

References

Click to access grand.jury.release.opinion.pdf

http://grandjuryresistance.org/grandjuries.html

http://theconversation.com/only-in-america-why-australia-is-right-not-to-have-grand-juries-34695

Written by stewart henderson

November 4, 2019 at 2:14 pm

What’s up with Trump’s frontal cortex? part 2

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Before going on with my thoughts about little Donnie’s brain, I want to address two pieces of relevant reading I’ve done lately. 

First, the short article by ‘Neuroskeptic’ entitled ‘Don’t blame Trump’s brain‘. Now, as anyone who’s read much of my blog knows, I consider myself a skeptic and a supporter of the skeptical community. However, I don’t entirely agree with Neuroskeptic here. First, describing people’s attempt to work out Trump’s psychology or neurology from his words and actions as ‘Trumphrenology’ is a silly put-down. In fact, all psychiatric conditions are diagnosed on the basis of observed words and acts – duh, what else? Unless there’s a brain injury or genetic abnormality. So the medical terms used to describe Trump and others do have some validity, though I agree that ‘medicalising’ the problem of Trump can be counter-productive, as it is with many ‘conditions’ which have appeared recently to describe the spectra of human behaviour. It’s more important, in my view, to recognise Trump as a career criminal than to put a psycho-neurological label on him. Then again, as someone who doesn’t believe in free will, the brain that makes Trump be Trump is of some interest to me. Second, Neuroskeptic describes the arguments of those who attribute medical conditions to people on the basis of behaviour as ‘circular’. This is false. Behaviour is more than s/he thinks it is. When we try to understand the brain, we look at how it behaves under particular conditions. According to Neuroskeptic ‘it’s rarely useful to try to understand a behaviour in neuroscientific terms’. If that’s true, then the monumental 700-page book Behave, by Robert Sapolsky, one of the world’s leading neurobiologists, was largely a waste of time. Third, Neuroskeptic questions the validity and ethics of Trump ‘diagnosis-at-a-distance’. This is absurd. Over the past two years alone, Americans have been subjected to several thousand tweets, hundreds of televised speeches and comments, and the day-to-day actions of the lad in the White House. Unless they make a real effort to switch off, most Americans can’t help knowing more about Trump than they do about just about anyone in their intimate circle. Where’s the distance?

Second, on The dangerous case of Donald Trump, by 27 people working in the field of mental health. I’ve not read it, but I’ve read the ‘summary’, attributed to Bandy X Lee, the contributing editor of the full book, though I prefer to believe that Lee, a respected Yale professor of psychology, had no hand in writing this summary, which is, syntactically speaking, the worst piece of published writing I’ve ever read in my life (I say this as a language teacher). I prefer to believe it was written by an intellectually disabled computer. I’m sure the full book is far far better, but still I’m amused by the variety of conditions Trump may be suffering from – ADHD, malignant narcissism, borderline personality disorder, psychopathology, sociopathology, delusional disorder, generalised anxiety disorder etc (OK that last one is what most reasoning Americans are supposedly suffering from because of Trump). All of this is a bit of a turn-off, so I won’t be reading the book. I tend to agree with what Neuroskeptic seems to be inferring – that we don’t need a psychiatric diagnosis as an excuse to get rid of Trump – his obviously asinine remarks, his insouciant cruelty and his general incompetence are in full view. His criminality should have seen him in jail long ago, for a long time. Further, the idea that a diagnosis of mental instability could lead to invoking the 25th amendment is absurd on its face. Anyone who’s read the 25th amendment should see that. I don’t see any evidence that Trump’s condition is deteriorating – he’s been consistently deceitful and profoundly incurious throughout his life. That means he was elected as a fuckwitted dickhead. Don’t blame Trump, blame those who elected him. And blame the lack of checks and balances that should make it impossible for just anyone to become President. Democracy does have its flaws after all.

So what are the patterns of behaviour that might lead to a diagnosis, which then might be confirmed neurologically – if, for example we were to apply a tranquillising dart to this bull-in-a-china-shop’s voluminous rump, then tie him up and probe his frontal and pre-frontal regions and their connections, in response to questioning and other fun stimuli (I’d love to be in charge of that operation)?

I’ll first list some notable Trump behaviours and traits, recognised by the cognoscenti, without suggesting anything about their relation to frontal cortex disfunction.

  • A tendency, or need, to take credit for everything positive that happens within his particular environment, and a concomitant tendency, or need, to blame anyone else for everything negative occurring in that environment
  • a winner/loser mentality, in which losers are often members of ‘losing’ cultures, sub-groups or entities (blacks, latinos, women, the failing NYT) and winners are judged in terms of pure power and wealth (Putin, Kim, Manafort, Fred Trump)
  • lack of focus in speeches and an inability to listen; generally a very limited attention span 
  • frequently cited temper tantrums
  • lack of empathy and consideration for others, to quite an extreme degree, close to solipsism
  • emphasis on compliance and deference from others, inability to deal with criticism
  • extreme lack of curiosity
  • lack of interest in or understanding of ethics
  • lack of interest in or understanding of concepts of truth/falsehood 
  • extreme need to be the centre of attention

I think that’s a good start. As to how these traits map on to psychopathological states and then onto cortical development, I won’t be so psychopathological as to provide clear answers. Most people I’ve spoken to suggest malignant narcissism as a pretty good fit for his behaviour – perhaps due to its all-encompassing vagueness? Wikipedia describes it as ‘a hypothetical, experimental diagnostic category’, which doesn’t sound promising, and it isn’t recognised in the Diagnostic and Statistical Manual of Mental Disorders (DSM-IV-TR), though narcissistic personality disorder (NPD) is. I suppose that some people want to particularly emphasise Trump’s malignancy, but I think NPD is bad enough. Here’s the Wikipedia description, drawn from the latest DSM and other sources:

a personality disorder with a long-term pattern of abnormal behavior characterized by exaggerated feelings of self-importance, excessive need for admiration, and a lack of empathy. Those affected often spend a lot of time thinking about achieving power or success, or on their appearance. They often take advantage of the people around them. The behaviour typically begins by early adulthood, and occurs across a variety of social situations.

Now, I came up with the Trump behavioural traits before I read this description, I swear. I think the fit is pretty exact, but it’s clear that those responsible for diagnosing someone with NPD don’t do so on the basis of brain scans. I’ve explored enough neurology to fairly safely say that NPD, psychopathy and many other psychiatric conditions just can’t, as yet be reliably correlated with neurological connections or lack thereof. Even schizophrenia, one of the more treatable psychotic conditions, is rarely described in terms of brain function, and is diagnosed entirely through behaviour patterns. 

Having said this, all of these conditions are entirely about brain function, and in Trump’s case, brain development since early childhood. We’ll never get to know what precisely is up with Trump’s frontal cortex, partly because we’ll never get that tranquilising dart to penetrate his fat arse and to then practise Nazi-like experimentation… sorry to dwell so lovingly on this. And partly because, in spite of the galloping advances we’re making in neurology, we’re not at the knowledge level, I suspect, of being able to pinpoint connections between the amygdalae, the hypothalamus, the hippocampus and the various regions of the frontal and prefrontal cortex. I plan to do more research and reading on this, and there may be another blog piece in the offing. However, one thing I can say – Trump probably isn’t a psychopath. Psychopaths tend not to have temper tantrums – their emotional responses are minimal, rather than being exacerbated by life’s slings and arrows, and their violence is instrumental rather than impassioned. Their amygdalae – the founts of aggression and anxiety – are correspondingly reduced. Doesn’t sound like Trump.

Again, though reflection on Trump’s curious psyche may be intrinsically interesting, it’s his crimes that should do him in. As I’ve said before, the fact that he’s not currently in custody is a disgrace to the American criminal and legal system. His fixer is facing a jail term, and in pleading guilty to two felony counts of campaign finance violations, has fingered Trump as the Mr Big of that operation. Those authorities who have not arrested him should themselves be facing legal action for such criminal negligence. And of course other crimes will be highlighted by the Mueller team in the near future, though such scams as Trump University should have seen him jailed long ago. Others have suffered lengthy prison terms for less. But that’s the USA, the greatest democracy in the greatest, free-est and fairest nation in the history of the multiverse. Maybe such overweening pride deserves this fall…

Written by stewart henderson

October 12, 2018 at 4:20 pm

How bad is the American political system? Outsider talk

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fantasies notwithstanding…

Jacinta: As we await hopefully the downfall of Trump, we keep experiencing shocks as we listen to all the commentary and events…

Canto: I wouldn’t call it shocks, because I for one have followed US politics, albeit vaguely, for decades, but as some of the implications of their system have been brought into clearer focus, and their complacent and often jingoistic attitude to it, yes, it tends to make the jaw drop a little.

Jacinta: Presidential pardons and vetoes, actually serious discussions as to whether or not their head of state is above the law or indictable, and then much rabbiting on about how they’re the greatest democracy on earth, and how they have checks and balances like nowhere else, which is such arrant bullshit….

Canto: Well I agree that if your head of state is granted the right to pardon criminals, that’s a large stride towards dictatorship right there. And here’s an example of complacency: one commentator talked proudly of his country’s political system being largely a response to tyranny. He was explicitly referring to the monarchy of George III. Yet the power of Presidential pardon is taken directly from the British monarchy! And of course British monarchs virtually never use it – there would be a massive uproar if they did in that very politically literate nation.

Jacinta: Alan Turing was the last person to receive a royal pardon, in 2013, some fifty years after the poor bloke committed suicide. That would’ve been a very popular decision, and the Queen would surely not have been the one to make it, she just signed off on it. I’m sure it’s been a long long time since any British monarch made a personal decision to pardon a convicted individual.

Canto: So compare the latest US Presidential pardon, only days ago. Scooter Libby (such an American name) was convicted of lying to the FBI during the Bush administration, and I don’t know the details of all that, but no matter, more than one US pundit has argued, credibly enough, that for Trump, Scooter Libby is no more than a silly name. Now here’s what Wikipedia has to say about US Presidential pardons:

Almost all federal pardon petitions are addressed to the President, who grants or denies the request. In rare cases, the President will, of his own accord, issue a Pardon. Typically, applications for pardons are referred for review and non-binding recommendation by the Office of the Pardon Attorney, an official of the United States Department of Justice.[27] The percentage of pardons and reprieves granted varies from administration to administration; however, fewer pardons have been granted since World War II.

The pardon power has been controversial from the enactment of the United States Constitution.

Controversial indeed. And I’m willing to bet that this recent pardon was one of those ‘rare cases’, no doubt suggested to Trump by one of his Mar-a-lago mates. Under Trump, such pardon cases will become a lot less rare, if he can get away with it. It seems reasonably clear, as many pundits avow, that Trump is signalling to such mates as Flynn and Cohen that he can and will pardon them when the time comes.

Jacinta: And this is surely corruption writ large. But what astonishes me is the Americans never seem to be capable of considering changes to their beloved but obviously flawed constitution. Their second amendment pertaining to bearing arms is a piece of shite of course, and I’m not sure about their fifth, which seems to obstruct justice in a lot of cases, and this pardon power is expressed in the body of their constitution, in Article 2. To me it’s screamingly obvious that this pardon power should be thrown out. When will they ever effing learn?

we shall see

Canto: It seems they need outsiders to point out to them the massive flaws in their system. It’s way too ‘presidential’. You could also possibly argue that it’s too democratic. The fact is, although all westerners tend to extol democracy, there’s no purely democratic system, and that’s a good thing. If our understanding of the world, the universe – our science in other words – was decided by democracy, we’d still believe the earth was flat and we would never have invented a single tool.

Jacinta: Yes, and imagine if our judges and our laws were voted on by pure democracy – given current and past levels of education. It hardly bears thinking about.

Canto: And in the USA the President is directly voted on by the people in a two-horse race, unlike in the Westminster system where we vote on parties, or on local reps, and the winning party chooses its captain based on her proven abilities, be they populist or strategic or otherwise, and that party gets to dump its leader if she proves ineffective.

Jacinta: So such a system never places anyone above the law, and where there are pardon powers, they’re hedged about very heavily, though certainly the leader does have powers above others in choosing her cabinet and such.

Canto: A cabinet of members previously elected by constituents, not plucked possibly from obscurity by the whim of the Prez. But can you think of any advantages of this Presidential system over the Westminster system?

Jacinta: Well the Presidential system might be more streamlined, which can be positive or negative depending on the competence of the leader. Quick decision-making can be life-saving or totally disastrous. Personally, I wouldn’t take the risk. But certainly a system can have too many checks and balances.

Canto: But as you’ve said, the Americans seem incapable of considering reforms to their system, even in the light of the Trump disaster. And there are barriers to effecting constitutional change.

Jacinta: You need a two-third majority in both houses of congress to propose a constitutional amendment, and that might be possible after November, but unlikely. And it seems, from the current case involving Michael Cohen and his ties to Trump, that the laws regulating the President’s powers in all sorts of areas are a bit thin.

Canto: I suppose that would be Trump’s greatest legacy, exposing the dangers of an insufficiently regulated head of state.

Jacinta: Yeah but they’re unlikely to face up to those dangers, I suspect they’ll have to be hit on the head by more than one Trump-like figure before they do anything about it.

Canto: They’re very good at feverishly talking about all their woes…

Jacinta: We’re all good at that. But you’ll notice that they often mention a ‘constitutional crisis’. That’s a situation arising where’s little clear guidance from their constitution as to resolution. For example, the indictment of a sitting President. As you know, I’m not keen on the impeachment process, which doesn’t exist in Australia or within the Westminster system. I would want Trump to be dealt with by the law, for which he has such contempt. That would be poetic of course, but it would also be the right course, IMHO.

Canto: But there’s a problem with indictment of a sitting President. Of course in Australia we rarely use the term ‘indict’, we just use the term ‘charge’, as verb and noun. The problem with charging the Prez is that he will then have to go through a court process, which will significantly  affect his ability to discharge the duties of office. Of course, this isn’t such a problem under Westminster, the PM will simply step down, either permanently or temporarily until the case is completed. Under Westminster, change of leadership isn’t such a big deal, and it often happens within electoral cycles. Under the Presidential system, it may happen that a Prez is indicted but hearings are delayed until he leaves office…

Jacinta: But if the charges relate to his becoming President, or to his current handling of the role – e.g. collusion with a foreign power, or obstruction of justice, what then?

Canto: From what I’ve read, you can indict a sitting President, and publish the charges. If the charges relate to the President’s fitness for office – but who decides this? – then action should be taken to remove him – but what action? Other than impeachment, it’s not clear.

Jacinta: And impeachment isn’t in itself removal from office. And Trump won’t go quietly. It’s all a bit fuzzy. And as we get closer to the pointy end, it gets fuzzier, paradoxically speaking….

Canto: How to sack a President, that is the question. It appears he’s virtually unsackable, and that’s an offence.

Written by stewart henderson

April 18, 2018 at 7:34 am