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Archive for the ‘US politics’ Category

the USA’s weird Electoral College system

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number of electors per state, favouring rural states

Canto: What do the words ‘electoral college’ mean to you?

Jacinta: Let me see, ‘electoral’ has something to do with processes and methods relating to elections, and a college is an educational institution, and connected words like ‘collegial’ and ‘colleague’ bring to mind teams and teamwork, in an educated sort of way. I’ve also heard about the electoral college in relation to US federal politics, but I’m not sure what it means. At a guess, I think it just means the electorate, and the regions it’s made up of, though why that would be called a ‘college’ I’ve no idea.

Canto: Well there’s this American-only phenomenon called the Electoral College I’ve been hearing about since I’ve been tuning into what has become, hopefully briefly, Trumpistan, but the term has kind of washed over me, and I’ve not thought of it as anything more than a fancy term for the electorate and its divisions, as you say. But no, a little book called Will he go?, by Lawrence Douglas, a professor of law, jurisprudence and social thought at Amherst College, has taught me otherwise, though I’ve not completely got my head around it, so now’s the time.

Jacinta: Wikipedia tells me it goes back to that worshipped but problematic constitution of theirs. It also seeks to explain how it works, but it doesn’t really explain, at least not in its initial section, how it was thought needful.

Canto: Well, Douglas has a chapter in his book, ‘The Electoral College revisited, alas’, which opens thus:

The Electoral College is our constitutional appendix, a vestigial organ that has ceased to perform any valuable function and can only create problems for the body politic. It is a deservedly unloved part of our Constitution. Recently asked what part of the Constitution she would most like to alter, Justice Ruth Baider Ginsburg quickly answered, ‘the Electoral College – I’d like to see it abolished.’ Most Americans agree. No poll conducted over the past 70 years has found a majority of Americans supporting it. Only roughly one third of those polled in 2019 ‘would prefer to keep’ it.

L Douglas, Will he go? p 49.

Douglas goes on to argue that the USA is the only country in the world where the loser of a presidential election, based on popular vote, can actually win it by means of another system, namely the Electoral College in this case.

Jacinta: But in Australia we often have parties losing the popular vote but gaining more seats and so gaining ultimate victory, or in cases where neither party has an outright majority, it’s the party that can form a coalition with minor parties or independents that can form government.

Canto: Yes but here they’re talking about one-on-one presidential battles, no coalitions. Though such one-on-one races are just indicative of a bad political system, IMHO. And the reason parties win with a minority of votes is because the voters in some electorates are ‘worth more’ than the voters in other electorates. This imbalance was sort of deliberately created to provide more rural states with more power, so they wouldn’t be swamped at every election by the urbanites, but with the dramatic increase in urbanisation in recent decades, and the increase in productivity of those urban states, it’s become clear that the most urbanised states are effectively subsidising the rural states, while being dudded out of their share of the vote.

Jacinta: This isn’t a problem with the Electoral College, though, is it? The solution to what you’re talking about could surely be solved by a kind of independent commission on demographics, which could redraw the electorate every few years, say, on the basis of the movement of peoples….

Canto: Which would thus constantly be reducing the value of the rural vote, which would, if people considered the value of their vote to be a high priority in their lives, increase the rate of urbanisation. I’m wondering if that would ultimately be a good thing. But to return to the Electoral College..

Jacinta: Before you go on, this problem of losing the popular vote and winning the election, which has become much more of a factor in recent years in the US, is far more of a worry in these one-on-one contests, because you could have contests between, say, a centrist candidate and a far-right or far-left candidate, and if the extremist candidate manages to win the contest based on electoral boundaries rather than popular vote – which can be done more and more in the US, even with a substantial loss in the popular vote – that candidate and his personally appointed courtiers (another example of American exceptionalism) can do substantial damage to the public interest during his term, given the extraordinary powers given to one person by the system. That’s what’s happening now – though Trump is neither right nor left, nor up, he’s just down down down.

Canto: True, and if you regularly adjusted those boundaries so that they better captured one-vote-one-value, it’s probable that Trump would never have been elected. As Douglas writes, perhaps a little optimistically, ‘it seems fair to say that it is harder to convince 50% of the electorate to embrace a politics of division and intolerance than it is to convince 40%’.

Jacinta: Trump has never had 50% popular support at any time during his presidency, which provides support for that.

Canto: So the Electoral College system is little understood by even tertiary-educated Americans. Douglas suggests that its very opacity from the public perspective is a damning indictment, but it requires an amendment from the most impossible-to-amend constitution on the globe to change or dump it. In fact their constitution is hoist by its own petard in this case, as the system gives disproportionate power to less populous states, who would have to ratify its elimination. It’s a collection of electors, 538 in all, so requiring the magic number of 270 for a majority, who meet every four years to decide who’ll be the President.

Jacinta: I thought the federal election did that. So clearly the EC, if I can call it that…

Canto: Please do.

Jacinta: Clearly the EC is tightly bound to the election. I knew there were some 500-odd parts to the election, or the electorate, but I just thought that meant 500 electoral regions, a certain number in each US state, just as there are currently 47 electoral districts here in South Australia. Why would they need electors, and what are they?

Canto: To be honest, it’s confusing – when people, including Douglas, complain about the Electoral College, it seems to me they’re complaining about the electoral system, which again can be made to be highly unrepresentative of the popular vote, with safe electorates and swinging electorates, which can change as electoral boundaries change, and that can happen quite often, in Australia at least. But, the electors…. it all started with the very concept of the President, and the so-called separation of powers. In the USA they originally had the idea of a President being something like a monarch, only elected, and having to fight for re-election every so many years. But they also wanted a parliament, again like Britain, which they, presumably just to be different, called a congress, as a ‘coequal branch of government’. But in Britain, parliament has long since ceased to be a co-equal branch, it is the government. No need for a separation of powers, parliament is the power.

Jacinta: You’re right, the US congress is just another parliament, and the USA is still just a British colony – why can’t they face facts?

Canto: Anyway, back in the day, there was a huge amount of argy-bargy about this separation of powers, with constitutional conventions and various formulae and compromises, and finally they settled on this weird electoral college thing, with electors from each state ‘in the same numbers as their representatives in Congress’.

Jacinta: So a state with, say, seven electoral districts will have seven electors. For what possible reason? If one guy wins the district, he wins the seat. What more do you need?

Canto: That’s the billion-dollar question. I’m trying to get to the reasoning. In fact, your straightforward option was favoured by some constitutional convention delegates, such as James Madison, though he recognised that this might disadvantage the South, where there was a disproportionate number of slaves, and of course, they would never be allowed to vote, even if they were freed. Though I’m not sure how this situation could be resolved by an Electoral College. The whole idea of this EC seems as complicated and bizarre as quantum mechanics.

Jacinta: And as impossible to get rid of.

Canto: So, an elector for each electoral district, who was expected to be a proxy for the district, voting the way the district voted. But each state was able to choose its electors and to decide on how they chose them. You would think this wouldn’t matter, as they were required to vote the way their district voted. But get this, they weren’t legally obligated to do so – at least there was no clear law, and still isn’t any clear law, forcing them to do so, and there have occasionally been ‘faithless electors’ who’ve cast their vote for the loser.

Jacinta: Which is highly undemocratic. But I still don’t get…

Canto: Don’t bother, just thank the dogs you don’t live in America.

Jacinta: Oh well, I’m sure they do their best, the poor wee souls…

Written by stewart henderson

June 22, 2020 at 11:01 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

Represent Us and ‘US democracy’ part 3

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So I previously looked at the model act, the American Ant-Corruption Act (AACA), which was first crafted by the chair of the Federal Election Commission, Trevor Potter, in 2011. How to get Congress to support an act which is contrary to the vested interests of its members? Silver, Lawrence and co argue that the best strategy is to bypass Congress and focus on state and city legislatures. By passing forms of anti-corruption laws state by state and city by city, a momentum for change will be caused, as has occurred in the past with other legislation. Apparently states have control over how any election, including federal elections, are run in each state, presumably including financial contributions to candidates. They cite a 2015 Bloomberg News study which shows that passing these kinds of local laws does lead to a victory in the federal sphere. This has apparently occurred with women’s suffrage, interracial marriage, and same-sex marriage. Once a certain number of states have come on board, federal passage becomes inevitable.

So that’s the argument. Now I want to look more closely at those examples. The Bloomberg News study ‘looked at six big issues—interracial marriage, prohibition, women’s suffrage, abortion, same-sex marriage, and recreational marijuana’. The legislation results are shown in the graph below.

The video looked at three of these.

In the case of women’s suffrage, Wyoming was the pioneer, granting full voting rights to women when it entered the union in 1890. The National Woman Suffrage Movement began to organise over the next couple of decades, and Wyoming’s neighbour, Colorado was the next to ‘fall’, followed by Utah and Idaho (also new states, presumably). After the Great War, the numbers increased rapidly, leading to the passage of the 19th amendment in 1920.

Interracial marriage had a longer and more troubled history due to the north-south civil war divide. Many states had no ban at all, but such marriages were generally frowned upon in the decades following Reconstruction (1865-77), especially in the south. California pioneered major change in 1948 when its Supreme Court, in a tight decision, ruled that its ban on interracial marriage was unconstitutional. Thirteen states followed in the next few years, and in 1967 the federal Supreme Court ruled against all state prohibitions.

The first change to US prohibition of same-sex marriage came in 2004 when the Massachusetts Supreme Court found the ban unconstitutional. Connecticut followed in 2008, and other progressive states followed. In 2013, ‘the U.S. Supreme Court ruled that the federal government must recognise same-sex marriages performed in states where it is legal’. This led to number of state courts lifting bans. The federal Supreme Court made its final ruling in favour of same-sex marriage in mid-2015.

So, the strategy of focusing on state legislature seems a sound one, in the long-term. The question is, how long might this take, and have there been any, or is there likely to be any, initial successes? The strategy is to create grassroots, cross-party campaigns, and the video claims, but without any links to evidence, or any detail, that it has chalked up 85 ‘wins’, with the hope that there will be many more in the future.

Columbia Law School’s Center for the Advancement of Public Integrity (CAPI) provides probably the most comprehensive overview of corruption issues and anti-corruption legislation on a state-by-state basis in the USA. A read-through of a couple of state analyses (Alabama and Florida) highlights, for me, the complexity of the problem. In spite of many reforms, statutes, codes of ethics and monitoring bodies, both these states are plagued with financial corruption problems. It would seem that, for federal success, a co-ordinated program of similar or near-identical anti-corruption and finance-limiting laws relating to elections and public office need to be enacted. Represent Us, with its American Anti-Corruption Act, appears to be aiming at just this. It would also make the federal Supreme Court’s job a lot easier if the appropriate laws are already written, requiring little adjustment to suit the federal level.

Finally, Represent Us has a comprehensive website advertising and providing details of its above-mentioned wins. Many of these seem to be at the city or council level, and I’m not familiar enough with the fine detail of US politics to measure their significance, but clearly it all adds up. This is undoubtedly a vital movement to get the USA out from under this overwhelming weight of money in politics. Another movement, I think, should be seeking to alleviate the poverty and disadvantage in large swathes of the country, to provide those currently suffering under this disadvantage a sense that their vote can make a difference, that they are welcomed contributors to an American community.


Written by stewart henderson

April 3, 2020 at 2:55 pm

Represent Us and ‘US democracy’, part 2

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Wall Street owns the country. It is no longer a government of the people, by the people, and for the people, but a government of Wall Street, by Wall Street, and for Wall Street.
― Mary Ellen Lease

So the next issue the Represent Us video raises is partisan gerrymandering, an issue here in Australia too. It’s extraordinary to think that gerrymandering has been a problem in the USA since 1788 (the term refers to a salamander-shaped redistricting map created by a governor Gerry of Massachusetts in 1812), with still no solid solution found. So, although this isn’t a new problem, the clearly political, anti-democratic motives involved should make it obvious that it needs to be dealt with apolitically, such as through the justice system or a thoroughly independent, regulated authority. The idea should be that boundaries, which may need to be redrawn from time to time, considering, for example, the general human movement from rural to urban neighbourhoods, should be drawn so as to best assure that all individual votes are of equal value in deciding representation. This would clearly mean taking redistricting out of the hands of partisan politicians and making it a function of independent bodies armed, nowadays, with computer-based maps and up-to-date statistics on human movement. Or am I missing something? Apparently. Here’s what Wikipedia says about the US problem:

Through the 20th century and since then, the US Court system has deemed extreme cases of gerrymandering to be unconstitutional, but has struggled with how to define the types of gerrymandering and standards to be used to determine when redistricting maps are unconstitutional. 

… the Supreme Court has struggled as to when partisan gerrymandering occurs (Vieth v. Jubelirer (2004) and Gill v. Whitford (2018)), and in a landmark decision in 2019 in Rucho v. Common Cause, ultimately decided that questions of partisan gerrymandering represents a nonjusticiable political question that cannot be dealt with by the federal court system.

I’m not sure if this 2019 decision is due to the conservative stacking of the Supreme Court (Republicans have more financial clout but less popular support than Democrats), but it seems reasonable to my naive self that legislation can be created to ban incumbent governors etc from redrawing the boundaries of their own districts. They should be the last people allowed to do so.

So the video goes on to claim that, due to gerrymandering, ‘only 14% of House campaigns are actually competitive’. As a non-American, I’m not sure if that means just House of Reps campaigns or Congressional campaigns. In any case a USA Today article from late 2016, with the telling title ‘Fewer and fewer US House seats have any competition’. However, the author argues that it’s not just about gerrymandering. He quotes a political scientist who talks of ‘self-sorting of the population’, where citizens move around to be with the ideologically like-minded. The Washington Post has an article from mid 2017 on the trend, which, I have to say, favours my fantasy of having the USA split into two nations, on red and blue lines, and seeing how each one fares. But nothing is so simple. Interestingly, on the gerrymandering question the WaPo has this:

Some states have moved to take the redistricting process out of the hands of the legislature, turning the duty over to special commissions that in many cases are told to ignore political outcomes. Results have been mixed.

A bit vague, unfortunately. Are they talking about the results of the attempt to form special commissions, or the results of redistricting by the commissions? The point should be that redistricting by partisan actors should be banned as intrinsically a bad thing.

So let’s look at other claims in the video – 1) trillions of dollars spent annually ‘on fraud and abuse in government’ (does this mean on fighting it, or just by the fraudsters and abusers?) – 2) one in five children live in poverty – 3) the most expensive healthcare in the world – 4) more people in prison per capita than any other country. Other claims are perhaps less quantifiable – the US is losing jobs to the rest of the world, and isn’t doing enough re air and water pollution. I’ll look more closely at those first four.

On point one, the evidence is plentiful. This Medical Economics article cites a study showing nearly a trillion dollars annually in healthcare waste, most of it due to administrative complexity and over-pricing. Forbes reports here on massive waste and fraud by federal agencies, and – most egregious but least surprising – the Pentagon’s accounts are in such a mess that multiple firms of auditors have given up on auditing them. There’s no doubt that waste, fraud and abuse in this massively over-indulged sector dwarfs all others.

As to point two, poverty is of course defined differently in different parts of the world. The US website Debt.org has a section titled How is poverty defined in America?, but what follows fails signally to answer the question. Nevertheless, according to their vague criteria 22% of Americans under 18 live in poverty. With its limited government-based safety net and its massively-paid business and banking sectors, there is surely no other ‘open society’ nation that has such a rich v poor disparity.

On the third point, according to Investopedia, the USA does indeed spend more per capita on healthcare than any other nation, but without the best outcomes. Also, unlike most European nations which also spend heavily on healthcare, the USA spends vastly more on expensive private health insurance rather than subsidised government healthcare.

Point four – Wikipedia doesn’t seem to have reliable figures on incarceration rates beyond 2013, but it does state that ‘in the last forty years, incarceration has increased with rates upwards of 500% despite crime rates decreasing nationally’. It’s an outrageous and shameful statistic, but they might argue that it’s the price they’re willing to pay for their libertarianism (!). The rate of incarceration of women in recent decades has been double that of men. The price to pay for women’s liberation?

So there you go – the greatest country in the world, according to that country.

So the Represent Us argument is that this mess can be cleared up, or begin to be cleared up, if the nation is given back to the people, who are currently unrepresented, mostly. Fix the system, and you can fix everything else. According to Silver and Lawrence, and the constitutional scholars (again, that worshipped constitution) and other experts they consulted, a law (but presumably more than one) that would wrest power from the established economic elites and so move, via the people, to end gerrymandering (using independent redistricting commissions), to create ranked-choice voting (we have this in Australia, where it’s called preferential voting), which will give more scope for new parties and independents, and to automate voter registration.

As to the issue of bribery and financial corruption in the political system, here’s what’s hoped to happen once they, the people are in control. They’ll overhaul lobbying and ethics laws, so that politicians can’t be bribed, say, by promises of cushy sinecures after leaving office; they’ll mandate transparency of political spending, for obvious reasons; ‘give every voter a tax voucher so politicians spend time fundraising from their constituents rather than the [economic elites]’ (this is a strange one I’ll have to look into).

All of these reforms can be wrapped up in an American Anti-Corruption Act, which 87% of Americans already support, enthuses Josh Silver.

So the model American Anti-Corruption Act (AACA), co-authored by Silver and other luminaries, was first unveiled in 2012. I gather from the Wikipedia article on it that it does have a lot of electoral support, though 87% might be a bit exaggerated. I just don’t have that much faith in they, the people.

In any case, Silver himself has little faith in a Congress captured by the economic elites. Congress, he feels, will never turn such an act into law. So what’s the solution? I’ll look at that in my next post. Keep well!

Written by stewart henderson

April 1, 2020 at 6:44 pm

Represent US and ‘US democracy’, part 1

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If there was one decision I would overrule, it would be ‘Citizens United.’ I think the notion that we have all the democracy that money can buy strays so far from what our democracy is supposed to be.

Ruth Bader Ginsburg

Leaving the weird awfulness of Covid-19 aside for a while, I must thank a good friend for sending this video my way. Jennifer Lawrence is an American actor none of whose films I’ve ever seen, but in this video she and Josh Silver, fellow member of the activist group Represent Us (with presumably a play on the US – and they’ve been making videos for years now), effectively focus on a problem of US politics I’ve largely neglected in my own analyses of the subject since the advent of the most recent incumbent in the white palace.


I’ve referred to it obliquely, for example when writing about the election cycle in that country, and my view that there’s at least one election too many – i.e. the presidential election. It all seems too much of an expenditure of time and energy, but I neglected to focus enough on the most insuperable problem – money.

So in this post I want to look at what Lawrence and Silver claim about the influence of money and wealthy lobbyists on government, especially federal government, and the corresponding lack of influence the relatively disadvantaged generally have, in spite of their vast numbers. Are there claims accurate?

l’ll try to fact check much of this – and their first claim isn’t directly about money, it’s the claim that the last two presidential candidates, Clinton and Trump, were ‘the least popular candidates since they began keeping track of such things’. Australia’s journalistic website The Conversation certainly confirms this about Trump. At election time, he ‘had the highest unfavorability rating in history, with over 61% of Americans having an “unfavorable” or “disapproving” view’. His victory, with fewer votes, says much about the electoral college system and how it favours less populated ‘red’ states, but I won’t go into that here. Clinton, though, was a ‘historically unpopular opponent’, with an unfavourable rating of 52%, the worst rating ever recorded for a losing candidate. So that checks out.

The next claim is that ‘only 4% of Americans have a great deal of confidence in Congress now.’ I imagine that the word ‘great’ is key here, as everything depends on framing. For example the question might be – how much confidence do you have in Congress? (a) no confidence (b) very little confidence (c) a fair amount of confidence (d) a great deal of confidence – or something similar. And how many constituents, anywhere, would say they have a great deal of confidence in their politicians, where there’s space to express skepticism? A quick check shows that the figure comes from a Gallup poll reported in The Atlantic back in 2014, and indeed it was a multiple choice question, but the most interesting/disturbing finding was that the attitude to Congress has suffered a massive downturn in recent decades, as shown by the graph below. So, unless there’s been an uptick in the last few years – and surely there hasn’t – Represent Us is right on this too.

The video next focuses on a Princeton study on ‘how public opinion influences the laws that Congress passes’. Represent Us presents this as a ‘thirty percent rule’. Any law has a 30% chance of being passed by Congress, regardless of its public support (from no support to complete support). The Princeton study concluded, apparently, that ‘the preferences of the average American appear to have only a minuscule, near-zero, statistically non-significant impact on public policy.’

So, the 2014 study, by two professors of politics and decision-making, Martin Gilens and Benjamin Page, is self-described as ‘tentative and preliminary’, but they are clear about their findings:

The central point that emerges from our research is that economic elites and organized groups representing business interests have substantial independent impacts on U.S. government policy, while mass-based interest groups and average citizens have little or no independent influence.

I’ve just read the study, and, unsurprisingly it’s a lot more nuanced, complex and at times dauntingly technical than the 12-minute video. For example it points out that policies advocated by cashed-up lobby groups may well benefit most of the public in spite of their lack of popular support. However, the economic elites, who have the most influence on Congress through financial, quid pro quo support, favour policies which are generally non-beneficial to the poorer, and far more numerous, sectors of the population. In fact, a lot of the findings remind me of passages in a very different text, Robert Sapolsky’s monumental book Behave, where he examines class-based behaviour (he calls it socio-economic status rather than class, coz we all know that the USA is a classless society haha). Take this example:

… a culture highly unequal in material resources is almost always also unequal in the ability to pull the strings of power, to have efficacy, to be visible. For example, as income inequality grows, the percentage of people who bother voting generally declines.

R Sapolsky, Behave, p292

As Sapolsky also points out, the super-rich, and their children, tend to move in the limited circle of their peers and so reinforce each other in seeking to maintain and enhance their lifestyles. The super-poor, meanwhile, are more often in a battle with each other (and not with the super-rich who are invisible to them) for resources, and tend not to trust government, since it is run by ‘them’. So the more economically unequal the nation, the more political power falls into the hands of the wealthy.

Anyway, returning to the video, the next claim is an odd one: ‘politicians are spending up to 70% of their time raising funds for re-election’. The term ‘up to 70%’ could actually mean anything from zero to 70%, so let’s take that with a pinch of salt. Another Represent Us website quotes former Democrat senator Tom Daschle: ‘a typical US senator spends two-thirds of the last two years of their term raising money’. I’m not sure if this is meant literally, but of course time spent isn’t the issue, rather money raised is the issue. The video goes on to make this interesting claim: ‘in order to win a seat in some races, you would have to raise $45,000 every day for six years to raise enough money to win’. I’m not sure how to fact-check such a claim, though ‘in some races’ could be a warning sign of some exaggeration or over-simplification. Then again, the idea of those kinds of dollars being involved in any electoral race is a sure sign of shonkiness. In any case the claim has to be seen in tandem with the next factoid presented, that ‘only .05% of Americans give more than $10,000 to politics’, which suggests that this tiny sector – the super-rich and wealthy special interest groups – are the funders of election campaigns, generally with agendas that the pollies are politely commanded to comply with – with the inevitable result for the increasingly disengaged majority.

So, whether these facts are precisely correct or not, it’s clear enough that money is poisoning democracy in the USA. As the video goes on to say, Americans are leaving the major parties in droves, and some 42% are registered as independent, rather than members of the duopoly of Republicans and Democrats. And since there are virtually no independent candidates, the quote from Sapolsky above becomes all the more relevant.

I’ve only looked at about a third of the video, but I’ll post this lot and present my take on the rest in my next post. Keep well!

Written by stewart henderson

March 30, 2020 at 2:43 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 wanker in the white palace 2: how did the USA get reduced to this?

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Unfortunately, all votes are equal – and by the way, they spelt Guard wrong

As I write, the wanker is, predictably, expending much energy in exacting revenge against his perceived enemies, and in seeking to manipulate the justice system in support of his long-time associates. I note that, over the last day or so, he has casually stated to the media, obviously not for the first time, that ‘I could do x, I have the absolute power to do x, but I think I’ll do it this way…’ I don’t claim this as a direct quote, because of course I don’t listen carefully to the wanker, and in any case, these remarks are essentially formulaic. This is of the thought-bubble type ‘I can do anything I want nya nya, nobody can tell me what to do, but I won’t do that coz mummy might shout at me.’ It’s nonsense from a reasoning perspective, but it’s absolute sense in the wanker’s little world.

Yet, so far, mummy hasn’t shouted at him enough, or he’s found that her shouts aren’t as prohibitive as he’d feared, so he feels more confident about being naughty. And being naughty and getting away with it is the most fun ever. It’s really quite addictive.

This isn’t a joke, and it’s not an exaggeration, or a simplification – it’s the reality. So how did the USA get reduced to this? 

The USA touts itself, more than any other nation, as the land of the individual. You can achieve anything there, apparently. Total freedom. You can advertise just about anything, you can buy a gun just about anywhere, and if you’re an expert at avoiding tax, you’ll be touted as a hero. The rich, in particular, are objects of veneration. And the wanker has been super-rich – at least from my perspective – since the age of three. 

Democracy has its issues, the most obvious of which was highlighted a couple of centuries ago by some Greek philosophers. They had seen how a super-confident-seeming blowhard, a wanker in short, had swayed the crowd towards disaster for their city-state. You can imagine the slogans – ‘lock up x, y and z, they’re enemies of the state’, ‘drain the swamp’, ‘punish states a, b and c, they’re wrecking our economy’, ‘make our State great again’. ..

In Australia, Britain, and most other democratic countries, we don’t directly elect one person to a position of great power, in a competition against another single person. We elect parties. The leader of the party, in election campaigns, will say ‘we will do, this, or that, for you’, ‘we will offer stable, effective government’, and so forth. This ‘we’ makes a big difference. Think about that, it’s really important. In Australia, in Britain, in every other Westminster-based system, we have a Prime Minister, a first minister, primum inter pares, the captain of the team. Famously, and rightly, if the captain goes rogue, she can be dismissed from her position by a simple vote of no-confidence from her party. The captain is replaced by another captain, and the team plays on. 

There is absolutely no doubt in my mind that this is a vastly superior system than that which the USA has lumbered itself with. And yet, I have never heard an American journalist or historian or pundit admit as much. Why is this?

I think I’ll have to do a lot of exploring to answer that question.

Written by stewart henderson

February 14, 2020 at 2:33 pm

the wanker in the white palace 1: my position

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I hear comments around me and read reports in the media about how and how not to deal with the wanker in the white palace. My position is straightforward, in its apparent foolishness. Responsible people shouldn’t be dealing with him, they should get rid of him. 

By this I don’t mean putting an end to his life, much as I’m in favour of euthanasia. The wanker can’t stop himself from wanking night and day – there is no free will, but that’s another story. The point is that he’s clearly incapable of holding any position of responsibility, in which he’s expected to work for the good of others. No sensible person, I would argue, disagrees with this, and a number of the USA’s top psychologists have spoken out about the wanker’s mental unfitness for the job he holds. They would also agree with one of their rank, speaking on MSNBC, that the damage which makes it impossible for him to behave like a common and garden adult occurred very early in life and is irreversible. The damage he has done to the role of US President won’t be able to be fully assessed until he’s dumped from office – which may, I believe, involve bloodshed. This wanker won’t go quietly.

So why has the wanker managed to inveigle himself into this extraordinary position, and why is he so hard to get rid of? I’ll be exploring this under two ‘headings’, the ‘American psyche’, and the current Presidential system. The two are very obviously linked.

Why ‘wanker’? Well, I’m essentially Australian (though British-born and a dual citizen), and my first reaction to this bloke after witnessing him briefly on TV years ago was the classic ‘what a wanker’ refrain. If I hadn’t heard his name before I would’ve considered this a badly done black comedy, with the lead actor spouting buffoonish imbecilities, and the other performers pretending to fawn over his oafishness, and appearing dazzled by the kitsch furnishings in ‘Trump’ tower – he trumps over everyone, getit, and yet it’s all trumpery, right?

But it’s no joke, even though it is. Even after all this time, it’s hard to take seriously – but then, I’m not a Kurd, or a Central American refugee. 

The USA is an object of mockery and opprobrium worldwide for its production and promotion of the wanker, and it thoroughly deserves to be. The wanker has trumpeted his wankerdom for the whole of his ‘adult’ life – it’s the USA’s fault that he’s been so successful, and yet even his most vociferous critics trumpet the USA as the leader of the free world, the light on the hill, Guard’s own country, the Greatest Nation on Earth, and other enlightened epithets. There is surely no nation more jingoistic, and unself-critical, than the USA, even allowing for the fallacy that all powerful states have fallen for – Egyptian, Roman, British, Soviet, Chinese and so on, – that economic and military power entail moral superiority. 

In future posts I’ll explore the flaw in the American psyche that has allowed the wanker to swank his way into and perhaps permanently corrupt the most powerful position on the planet (currently) and the many related flaws in a presidential system that fortunately has no equivalent in the so-called free world. 

 

Written by stewart henderson

February 13, 2020 at 5:37 pm

the boy in the white palace 3: the GASP v the Westminster system

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I don’t care if they respect me, so long as they fear me.

Caligula

Canto: Here’s a thing, I recently heard a politico-legal pundit – I think it was Chuck Rosenberg, but I may be wrong, I’m trying to track it down – say on MSNBC, a favourite site of mine these days, that ‘we’ (i.e. the American people) ‘don’t get rid of our Leader lightly, unlike the UK, who can dispose of theirs by a simple vote of no-confidence by the Leader’s party’. That was the gist of what he said – it’s a summary, not a direct transcript – and it made me fall off my chair laughing and crying. It was very clear to me that the notion that you shouldn’t be able to dump the boy-king easily was an advantage of the Great American System of the Presidency (GASP), was Total Effing Bullshit (TFB). It took me quite some to get over this piece of tomfoolery.

Jacinta: Ah yes, well that requires a bit of explanation and comparison of the two systems. It’s amusing that the Westminster system of government, derived of course from the UK but utilised with variants in Australia, New Zealand and Canada, and with even more variants in other major nations such as India, Japan, Israel and Malaysia, was actually the basis of the GASP. But in some ways that 18th century Westminster system has since moved way ahead of the GASP, in that the parliament has become far more powerful, and the constitutional monarchy, upon which the constitutional presidency was based, has withered away to playing a purely ceremonial role. To me that’s good, as maintaining a monarchy has preserved a lot of history – good and bad – and it’s generally good for tourism, as long as they behave themselves.

Canto: Yes the royal we’s are probably generating more income for the country than what it costs to keep them, as long as they don’t multiply and extend the family too much. 

Jacinta: This is the thing – the difference between the two systems is vast. The Americans talk about Coequal Branches of Government (CBG) as the basis of GASP, whereas under Westminster, it’s all one – the Parliament. And the Prime Minister’s role and general position is nothing like that of the President/King. The key is in the title, prime, or first, minister. Primum inter pares, first among equals, the captain of the team. If the USA adopted a similar system they’d be far better off – their current PM would be Nancy Pelosi, their previous one, Paul Ryan, and there would be no President, unless they wanted a ceremonial one. There’d be half the number of elections, or even less depending on which Westminster system they adopted (the UK holds national elections every five years, the USA every two, at great expense and to the detriment of long-term planning and development). The Senate could act as a brake upon the House, though sometimes one party would hold power in both chambers, for good or ill. The PM would of necessity be a team player – imagine if she said to a journalist ‘don’t talk about them – I’m the team’. Her party would drop her like a hot spud. 

Canto: Yes, the reason dumping the President/King would be so traumatic, not to say bothersome, is that he has so much effing power. Power to shut down the government, power to pardon miscreants, special executive powers, veto powers, power to fill dozens of administrative posts with his cronies…

Jacinta: Or to leave them vacant, apparently. And power to select his running mate, who will automatically take over if he gets thrown under a bus or drowns in his own bile – again a vastly inferior situation to that under Westminster, where the ousted PM has no say whatever in deciding her own successor. The team’s the thing, the team the team, whereas with the GASP, it’s the superhero individual, the Great Leader, the Portentous POTUS, the Commander-in-Chief and other vainglorious assininities. It’s so typically macho, and American. 

Canto: And while we’re pouring on the scorn, It’s in all their worst movies – Bruce Willis or Sylvester Stallone defying the odds, fighting corruption, saving the state, getting the gal, etc. In fact, this was the essential campaign message of their swamp-draining princeling, which gained him the Kingdom, with much help from the Russian cyber-army. 

Jacinta: And the funny/sad thing is that even the mainstream media – and the experts they bring in, the lifetime lawyers, the intelligence folk, the career civil servants, the historians and on – are so jingoistic, so unself-critical about the GASP, that they blame everything on the boy-king himself – who’s just a boy after all – and have nothing constructive to say about the horrendous GASP. 

Canto: Yes it’s funny, in a grotesque way, to hear many of them say ‘this isn’t a dictatorship’ and ‘he’s not a king’, which nobody ever has to say under the Westminster system…

Jacinta: Under which it would be impossible for this boy-king to rise to absolute power, because their palaces, those of the Westminster nations, are reserved strictly for ceremonial presidents and governors. No power, just lots of fancy architecture and portraiture…

Canto: And lovely gardens.

Jacinta: And garden parties.

Canto: And quaint hats and uniforms. 

Jacinta: And marching bands.

Canto: And many-gun salutes.

Jacinta: And the blowing of purely ceremonial whistles.

Canto: But there are other reasons why this particular princeling, or any other like him, wouldn’t make any headway under Westminster. There are no head-to-head federal elections. Of course, in every particular electorate, there’s usually, but not always, one major candidate of the left pitted against one major candidate of the right, but to get to be Prime Minister, you not only have to win that electorate, you have to win the confidence of the party you’re a member of, by displaying some sort of leadership skills, as well as policy smarts, a certain je ne sais quois charisma, and an ability to unite and inspire a team. And you’ll be expected to sit alongside your team, make speeches in front of your team, while facing the jeers and tough questions of the team sitting directly opposite you, within spitting distance, for every day that parliament sits. No white palace for you, no courtiers, and no immunity. If you go rogue, if you start claiming you’re the team and stuff the rest, you’ll be thrown out the door before you get a chance to open it. 

Jacinta: You might say we can work our political system without a single GASP. 

Canto: Which leaves the question – do you think the American powers-that-be, once they’ve managed to rid themselves of the spoilt boy-king, will ever reform the GASP into a more distributed and effective system?

Jacinta: Very little chance. Will they stop making superhero movies? Very little chance. Will they solve the problem of anti-government fetishism and and fantasies of self-made individualism? Very little chance. Even though the reign of this particular boy-king is likely to end, IMHO, in something memorably horrific – because this boy-king would rather lock himself up in the white palace toilet than go quietly, don’t expect the Americans to come up with a better GASP. They just don’t have it in them, I’m sad to say.

Canto: Well, I want to be more optimistic, but we shall see. We remain watchful ghouls for the foreseeable.

the white palace – watch this space

Written by stewart henderson

November 6, 2019 at 1:29 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