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Posts Tagged ‘US politics

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

why the US has one of the worst political systems in the democratic world, and why they’re unlikely to change it

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I think this may be the longest title of any blog piece I’ve written, but that’s not the only reason why few will read it. After all, most of my readers are from the USA, and they’ll be put off by the title for other reasons. Anyway, here goes.

Of course I’m not really qualified to rank all the democratic political systems out there – I’m no expert on the German, French or Spanish systems, or those of the Scandinavian countries – but I think it’s a reasonable assumption that few if any other other democratic states would accord as much power to one person as the USA does.

I’ve been on a steep learning curve re the US system, but of course there’s plenty I still don’t know about. I live under a variant of the Westminster system here in Australia, and that’s the system I’m most familiar with, and as a British/Australian duel citizen, and a sometime student of British history, I know a fair amount about the origins of parliamentary democracy in Britain. The Westminster system of course, has other variants in New Zealand, Canada and other countries formerly under the British Empire, including India, Pakistan and South Africa, but my focus here will be on Australia as fairly typical of democracy at least in the English-speaking countries other than the US. And don’t forget I’m no expert generally, being an autodidact/dilettante, but I like to think I’m a keen observer, and don’t we all?

This my view: I’ve learned enough about the US political system – the Presidential system in particular – in the past 12 months to drop my jaw to the floor and keep it there for most of that period. It really is a shocker.

I’ll summarise, then expand. The US directly elects its President – a really bad idea. There’s no vetting of Presidential candidates: Americans like to boast that anyone can become Prez. Do you really want just anyone to be given that responsibility? Once elected, nominally as a representative of one of the two major parties, the President sets up office completely separately from the Congress/Parliament in which the two major parties, together with smaller parties and independents, battle it out to run the government to their liking, ideologically speaking. Or is it the President who runs the government? It’s confusing. The President, in his separate, isolated sphere, has veto powers, pardoning powers, special executive powers, emergency powers, power to shut down the government, power to appoint members of the judiciary, power to appoint a host of unelected and very powerful officials and to hire and fire at will, with limited oversight. The President is, apparently, not legally required to announce conflicts of interest, or present any account of his finances, and is at liberty, or certainly appears to be at liberty, to enrich himself and his family by virtue of holding the office of President. The President, by virtue of his office, is immune from prosecution, during his time in office, for any crime committed before, during, or in order to obtain, his Presidency – or such is the view held by a substantial proportion of the legal profession.

And yet the vast majority of American citizens don’t believe they’re living in a Banana Republic. On the contrary, they believe they’re living in the Greatest Democracy on Earth, the Greatest Nation on Earth, the Leader of the Free World, the Shining Light on the Hill, etc, etc, etc – and of course it’s this jingoism, this lack of self-critical insight (with many, but not enough, honourable exceptions) that will make it so hard to effect change when Trump is dumped..

So, let’s start with direct election. It doesn’t happen under the Westminster system. In Australia we have general elections every three years. We vote for a local member in our electorate (in the US they’re called districts) as well as for the party of our choice federally. That’s to say, our general elections are the equivalent of the US mid-terms, only more important, as we don’t have a Presidential election. So, if the US had a similar system to us, their recent election would be the general election, the Democrats would have won government from the Republicans in a landslide, and the new Prime Minister, the leader of the Dems in the House, would be Nancy Pelosi, taking over from the retiring PM, Paul Ryan. Chuck Schumer, the leader in the Senate, would probably take up the position of Deputy PM, and the positions of Treasurer, Attorney-General, Foreign Minister etc, would have already been decided before the election, as they would have been the opposition spokespersons for those positions (aka shadow Attorney-General, shadow Treasurer, etc). The Prime Minister would have the power to swap those positions around and introduce new blood (called a Cabinet reshuffle), but of course all of these persons would have won their local electorates in the elections. Most would be experienced in the parliamentary system.

Under the US Presidential system, the whole nation is asked to choose between two candidates, usually a leftist or a rightist. There are of course caucuses and primaries, which basically ‘weed out’ the less popular candidates until only two are left standing. But this system is so separate from Congress that it’s possible for anyone to run, and to win, regardless of political experience, historical knowledge or any other sort of nous – though having a lot of money, or a lot of rich backers, is virtually essential to success. In the case of Trump, his relentless branding of himself as a successful businessman and super-smart outsider was enough to fool many of the least thoughtful and most disadvantaged Americans, as well as to convince many of the crooked rich that he might prove a useful tool. And so Trump, in spite of being super-incompetent, ethically moribund and a total financial fraud, won the election… or, rather, won the electoral college, probably with the assistance of foreign agents.

The major flaw of this kind of direct democracy was pointed out almost 2,500 years ago by the ancient Greek philosophers, who were unabashed anti-democratic elitists. They’d seen how ‘the mob’ could be swayed by windy orators who promised to fix problems and to bring great success and richesse at little cost. One of them, Creon, persuaded the Athenians to embark on a disastrous campaign against the city-state of Syracuse, which so depleted Athenian resources that they were overrun by the Spartans, which ended the Peloponnesian War and the Athenian ascendancy once and for all.

Trump won’t do that kind of damage to the USA, but he’s already damaged America’s reputation for decades to come, as well as selling out his base, endangering the lives of immigrants, massively neglecting the business of running his country in all its essential minutiae, and filling the swamp to overflowing.

So what’s the solution to this direct election process? It doesn’t need to be jettisoned, but it can be improved (though I’m for ditching the Presidential system entirely). You can replace the electoral college with a first past the post (or winner takes all) system. Of course, if that system were in place in 2016, Hillary Clinton would be President. More importantly, though, the electoral college system is easier for interfering agents to manipulate, by focusing attention on ‘purple’ electorates, as was done in 2016. A more centralised system would be easier to keep ‘clean’ , and would require a very sophisticated, equally centralised hacking and propaganda campaign to manipulate. Besides that, it is obviously fairer. The person who wins most votes nationwide should surely be the nation’s President.

Then there is vetting. Here’s where I display my elitism. Every candidate for President should have to submit to testing, regarding the nation’s politico-judicial system, its constitution, its history, its network of foreign and trade relations, and, a hobby-horse of mine, its science and technology sector (since achievements in this sector have changed lives far far more than any political achievements). You don’t want an ignoramus to be your President ever again.

Of course there’s also financial and legal vetting. The Emoluments Clause appears to lack claws. This should be turned into solid, unequivocal law.

The legal position of the President should also be clarified. As the Chief Law Officer of the nation he should never be considered above the law. Having said that, the Attorney-General should be the first law officer, not the President. Other powers of the President need to be reassessed in a root-and-branch fashion – pardoning powers, veto powers, special executive powers and so-called emergency powers. Clearly, to accord vast and manifold powers to one person, and then to consider him immune from prosecution because of the powers so accorded, is a recipe for dictatorship. I mean – duh!

But there’s another reason why this Presidential system is seriously flawed. Under the Westminster system, if the Prime Minister is found to have engaged in criminal activities, such as serious campaign finance violations, conspiracy with foreign powers to influence their own election, obstruction of justice, directing foreign policy on the basis of self-enrichment, and other egregious antics, s/he would be charged and forced to stand down. The party in power would then vote on a new leader – who may or may not be the Deputy PM. This would of course be somewhat traumatic for the body politic, but certainly not fatal. Changing Prime Ministers between elections is quite common, and has happened recently in Britain and Australia. Not so in the USA, where the Vice President, a personal choice of the now discredited Prez, is necessarily the next in line. Think of Mike Pence as President – or think of Sarah Palin taking over from John McCain. Why should the electorate have to suffer being presided over by the bad choice of a bad (or good) President? This is a question Americans will be asking themselves quite shortly, I reckon.

So why is the system unlikely to change? I’ve mentioned American jingoism. Even those media outlets, such as MSNBC and CNN, that spend much of their time exposing Trump’s lies and poor decisions and general worthlessness, seem never to question the system that allowed him to gain a position so entirely unsuited to him. It just astonishes me that the idea that a person in his position might be immune from prosecution can be taken seriously by anyone with an adult mind. The fourth estate should be hammering this obvious point home on a daily, if not hourly basis. Trump should now be in custody. His ‘fixer’, Michael Cohen, is currently on bail for campaign finance felonies, among other things. He will serve three years in jail. Trump was the Mr Big in those campaign finance felonies, and should serve more time than Cohen, as a matter of basic logic. Why has he not been charged? There is absolutely no excuse. And he shouldn’t be allowed out on bail, due to his known habit of obstructing justice and witness tampering. How can anyone respect a justice system that hasn’t acted on this? The world is watching incredulously.

As I see it, the Presidential system is a kind of sop to American individualism. The USA is a hotbed of libertarians, who see ‘universal’ education and health-care systems as ‘socialism’, while the rest of the western world just calls it government. Many of their worst movies feature one machismo guy – male or female – sorting out the bad guys and setting the country to rights. That’s another reason why they won’t want to muzzle their Presidents – after all, if they had much of this concentrated power removed from them, why have a President at all? Why indeed. The Westminster system is more distributed in terms of power. The Prime Minister is ‘primus inter pares’, first among equals, the captain of the team. S/he can always be replaced if injured or out of form or is no longer representing the team adequately, for whatever reason. The team, though, is the thing. Us, rather than me. But the USA is full of screaming mes. And now they have a screaming me as their President. It’s the ultimate self-fulfilment. I watch from afar with guilty fascination, not unmixed with schadenfreude – but with a particular interest in what will happen post-Trump. My bet is that there will be some changes, but nowhere near enough – they’re too wedded to romantic and adventure-laden fantasies of individualism. So the USA with its wild-west hangover of a Presidential system will always be worth watching, but never worth emulating.

Written by stewart henderson

January 3, 2019 at 10:28 am

Brat Cavernaugh, or the Ruling Class at play: part two

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Mitch McConnell, ruthless American conservative

 

In a speech to his old high school in 2015, Kavanaugh remarked smirkily that ‘what happens at Georgetown Prep stays at Georgetown Prep, that’s been a good thing for all of us..’ It’s fascinating how such a seemingly harmless piece of banter can take on much darker tones as information comes to light. For example, considering that Georgetown Prep has always been an all-boys’ school, ‘all of us’ clearly refers to only one gender, and considering that the cloud gathering over Kavanaugh now is all about his and his preppy mates’ treatment of the opposite sex, which may have at times bordered on criminality, this hiding of the truth about goings-on at the school becomes very disturbing. 

The intense focus on Kavanaugh in recent weeks has revealed someone who knows how to be evasive in a lawyerly way. The end result, before the scandalous claims began mounting up, was that Democrats and moderate Republicans, in Congress and out, had no clear idea of his views on Roe v Wade, presidential power and immunity, or any other key issue that concerned them. It can be argued that this evasiveness was a product of ‘due judiciousness’, the view that a judge can’t answer these general questions, but has to pass judgment on the facts before him in particular instances, but with so much at stake, it’s understandable that those with at least some progressive cells in their body would want a clearer picture. This has in fact been given by examinations of his record of judgements and legal opinions, which don’t provide much hope for progressives.  

More importantly, Kavanaugh’s evasiveness has been very much to the fore as allegations have come to light re his high school and university years. In the case of his most recent appearance before the judiciary committee, this evasiveness has been mixed with, and sometimes masked by, a belligerent and, in my view, self-servingly mawkish tone which I didn’t find conducive to truthfulness. Most importantly, and, I feel, decisively, he managed to avoid answering the question as to whether he would be prepared to submit to an FBI investigation. Not once but on five separate occasions when questioned on the matter. In spite of my squeamishness, I did witness him doing this on one of the cable networks, and to me it was clear what he was doing. As a person who has himself been falsely accused – of a crime even more serious than anything alleged against Kavanaugh – I know how I feel about police investigations – that they should be done as promptly and as thoroughly as humanly possible, and I would certainly have been prepared to testify to the highest authorities under oath many times over to clear my name, and was in fact desperate to do so. And since there were no witnesses to the allegation made against me, I would certainly have been happy to have any and all witnesses to testify to my character in respect of violence, or my accuser’s character in respect of truth-telling. But, being a ‘nobody’, accused by a nobody, I had to sit and by and watch the police do virtually nothing, until forced to do so, after which the case was thrown out. So Kavanaugh’s refusal to answer that question, and his obvious whitewashing of the period in question, can only be explained one way. Innocent people just don’t behave like that, unless there’s something very wrong with them. 

The fact is, Kavanaugh’s obfuscation is incredibly telling, and the majority Republicans, who have now ‘permitted’ an FBI inquiry, ‘limited in scope and time’, are still doing their best to ram through the confirmation ‘no matter what’, according to the dictum of the egregious Mitch McConnell. This is not an investigation which will probe all the facts in the case, because it is limited by a partisan party. Moreover, the recent appearance by Kavanaugh was conducted under oath, and a number of classmates have since come forward to point out that he told lies under that oath, about his drinking habits, which he massively downplayed while also talking, strangely, at length, about the pleasures of beer. He presented himself as a church-going, highly studious, sporty type whose love of beer wasn’t excessive. Classmates have come forward to say that he was very often drunk, that he was a mean drunk, a sloppy drunk and so forth, and that he therefore lied under oath, which should be immediately disqualifying. 

However, having said that, it’s likely that the FBI will not be investigating his drinking habits, they will only concern themselves, as directed, with the alleged assault or assaults. Though it isn’t entirely clear, it seems, what the FBI’s brief is. In fact, as I write, the goalposts keep shifting. The White House and Trump seemed to broaden the investigation, then the media were told, no, it would remain limited, etc, and the FBI itself seemed confused about all the mixed signals. The bureau is supposed to take its orders from the White House in this instance, which is itself a worry. Not surprisingly, Trump is now heaping praise on the FBI – at least until their findings are presented.

But to return to Kavanaugh’s final ‘testimony’. It was belligerent and evasive, but also partisan and Trumpian – blaming the Clintons for a set-up and an ambush. It’s noteworthy that Trump was critical of Kavanaugh’s performance in his first hearing, and it’s well-known that Kavanaugh had been ‘rehearsing’ his performance at the White House, so this time he did his master’s bidding and played the witch-hunt card, thus managing to be offensively belligerent and obsequious at the same time – though why he chose to play to an audience of one, when the confirmation was largely out of Trump’s hands, is anyone’s guess.

The most recent development, which seems to be Trump’s own doing, is that the FBI is being given as wide a scope as it needs. From this, I’m getting the impression that Trump is preparing to wash his hands of Kavanaugh – to throw him under that very destructive bus the Yanks keep talking about – but the GOP is definitely not. Which leaves the FBI as the piggy in the middle, with the White House giving carte blanche, and the Republican Senators, under the whip of the disgusting McConnell, saying it all has to be wrapped up by Friday (October 5). It’s an impossibly ludicrous situation. Apparently the FBI is currently busy turning away an increasing number of people who want to speak to the agency about Kavanaugh’s drunken loutishness during his college days. It’s becoming increasingly clear that Brett was then something of a lout, and is now something of a liar. All in all it’s the behaviour of that class of people I recall from my own university days – students of the moneyed professions, behaving boorishly in the bar, mixing only with their own kind, man-spreading smugly, making a moat of waste and filth around their table as they disgorged food, drink, fag-ends and assorted packaging over the course of a fun evening. The sort of people worth avoiding, for a lifetime. Everything I’ve observed about Kavanaugh recently fits that picture to a t. Having said that, having been a loutish youth over thirty years ago isn’t a crime. Pretending that you never really behaved badly isn’t either. But, on the one hand, we’re not talking about criminality, we’re talking about suitability for a particular job, a job that clearly requires great integrity (as does the job of US President, but that’s another story…). On the other hand, the possibility of a serious crime is in question, and that won’t be properly investigated, because of the determination of McConnell and the GOP. So, if the GOP manage to get him confirmed, it will destroy the credibility of their party for a long time into the future – and I believe Kavanaugh can be impeached. Though he may have to wait in line. 

Written by stewart henderson

October 3, 2018 at 2:07 pm