Blog #118 – Explaining “President” Donald Trump’s Behaviour.


Blog #118 – Explaining “President” Donald Trump’s Behaviour.

Recent efforts to explain Donald Trump’s behavior in clinical psychiatric terms are provocative,[1] but may be unnecessary. Democratic U.S. Rep. Ted Lieu is proposing a bill that would require the White House to have a psychiatrist on staff.[2] A petition at Change.org, accusing Trump of mental illness and asking for his removal from office, has been signed by nearly 25,000 health professionals. The New Republic published a story this week speculating that Trump may have an untreated sexually transmitted disease that has led to a condition called “neurosyphilis,” characterized by “irritability, loss of ability to concentrate, delusional thinking, and grandiosity.”

And on Tuesday, the New York Times published a letter signed by 35 psychiatrists, psychologists, and social workers accusing the president of “grave emotional instability” that makes him “incapable of serving safely as president.” Though it is considered a breach of ethics to evaluate or diagnose public figures, they wrote, “We fear that too much is at stake to be silent any longer.” Allen Frances, a former chairman of the Department of Psychiatry at the Duke University School of Medicine. disagreed, calling it “an insult people who have mental illness.”

“President” Trump has simply not been able to overcome his insecurity about “winning” an election in which he received 2,868,686 fewer votes than Hilary Clinton did,[3] in a low-turnout election in which he ended up with less than half of all eligible voters voting for him.[4] And this despite all of his name calling, lying, and not so ethical efforts to undermine Hillary’s campaign, even with the apparent help of his Russian counterpart. Having to face the legitimacy of his election and being labeled “President” Trump may be much more unnerving for him than being called “crooked” Clinton ever was for her. Everyday child psychology may be a simple enough explanation for the conduct a person with such an outsize self-image; a more medically-based approaches may not be needed. Think of the expected behavior of the bully in the sand box when his braggadocio no longer intimidates those subject to it. Perhaps Trump should be treated in the pediatric ward rather than the psychiatric? If not in both?

 

Peter Marcuse

August 2, 2018

[1] California Journal, Robin Acarian, “Talking Trump and mental health,” http://enewspaper.latimes.com/infinity/article_popover_share.aspx?guid=93f3dcf0-698d-42a3-9cdc-bb5070205776

[2] https://www.democracynow.org/2017/2/15/rep_ted_lieu_to_introduce_bill

[3] By Gregory Krieg. CNN December 22, 2016. It’s official: Clinton swamps Trump in popular vote – CNNPolitics https://www.cnn.com/2016/12/21/politics/…trump-hillary-clinton…vote-final final-count/index.html

[4] Why is voter turnout so low in the U.S.? Politics Nov 6, 2016 https://www.pbs.org/newshour/politics/voter-turnout-united-states

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Blog #116 – Robert Mueller’s Report Song to Congress


The Robert Mueller song, as he presents his final Report to Congress.

 

To the Tune of the Chiquita Banana commercial:

I’m Chiquita Banana, and I’ve come to say

Bananas must ripen in a certain way….”[1]

——————–

My name is Robert Mueller and I’ve come to say,

Investigations must be undertaken in a certain way.

You can’t just claim that what so and so did was wrong

You have to have evidence that is clear and is strong.

You have to say what this man or woman did on a certain day

Violated a certain law at a certain place in a certain way.

This is what he did, and this is the person that saw him do it,

This is what he said he did, and this is why it’s obvious his story blew it.

These are the penalties that can be applied  that the law prescribes,

Only made more severe if you try to evade them with lies.

 

So here is my report:  I know that it’s 430 pages long

But what it describes was also very wrong wrong wrong.It’s the Congress that determines what’s wrong and what’s right.

My job is only to see how the facts fit what Congress set out, and how tight.

Now what happens, when, and to whom is up to the courts to determine

Whether those who did it were well-intentioned or were vermin.

I’ve finished the job I was hired to do,

Now it’s up to those that hired me to see the matter through.

 

If I can be of any more help, please do let me know,

Otherwise, I admit, I’m very happy to go.

Good bye, and best wishes.

Robert Mueller.

 

[1] https://www.youtube.com/watch?v=RFDOI24RRAE    It was a United Fruit commerciaI. If you have trouble finding it, it’s from 1940 and the oldest a google search for Chiquita Banana commercial produces; ‘ll try to get the exact url for it shortly. It;s great on its own.

Blog #110a – Cultural Wars and a new Tribalism?


Blog 110a – Cultural Wars and a New Tribalism?

The Times Op-Ed page (on 3/2/18­­) was marvelously symbolic. On the left side, David Brooks reduces all the frightening disagreements about where our country is going, the battles over gun control , trade and tariffs, armaments, nuclear weapons, into manifestations of a “cultural war”,: in which the conservatives “have zero cultural power , but immense political power.” The big prize is not gun control. It’s “winning the cultural war, with the gun fight as the final battle.” Several days earlier (Feb 20,), he had written, “We don’t have policy debates anymore. We have one big tribal conflict…,” and the answer is, “just as the tribal mentality has been turned on, it can be turned off.” How? “Respect First, Then Gun Control.” If the Blues and the Reds simply respected each other, they’d settle their problems easily. His recommendation: Blues should stop shaming Reds.  Politics is not about who get what from whom and how they get it, but about how the left stupidly engages in “elite cultural intimidation , claiming “moral superiority.”

On the other side of the Op-Ed page, counter-symbolically the right side, Paul Krugman’s column is headed: “Taxpayers, You’ve Been Scammed.” It’s a straightforward contribution to a policy debate about the new tax law. It gives some facts about whom it will help, whom it will hurt, and how political and economic power are being wielded to achieve what those that possess it want, for their own benefit, at a cost to the middle class. Not a word about a “cultural wars.” It’s about who get what from whom and how they get it

And symbolically between these two column’s is Mat Glassman’s column, which explains the “larger problem” behind the White House Chaos,” blaming it on the weakness of Donald Trump as President to his inability to attract a competent staff to advise him.  It’s a management problem.

What the “culture wars” argument does, as does “lamenting the ‘roots of the problem’ in ‘management skills,’ ” is to completely side step the very real factual economic and social and political differences that divide the country. For cultural theorists, there’s no moral difference between advocating for teachers carrying guns in school and asking for a ban on assault rifles; no more weight to be given to logically grounded analysis of tax policies than to the hurt sensitivities of those that support them. Tranquility is what’s needed, above all; never mind who’s goring whose ox, whether some go homeless while others thrive in mansions using their labor. Such evenhandedness violates any effort to shape public policies that promote the values of social justice and human rights.

Indeed there are troublesome cultural differences that exacerbate the problems in our society, but the real issues aren’t differences of opinion or how they are expressed, but how the wealth that  society produces is shared. We don’t have “big tribal conflicts” because all of a sudden some “tribal instincts ” have emerged from some repressed deep identities, or because  we’ve suddenly decided to turn these instincts on, having turned them off all these years.  Focusing on the symptoms of conflicts shouldn’t obliterate recognition of their causes.

And it obliterates very specific causes: any reference to inequalities of wealth or power, or to their use in exploitation or domination, to create very hierarchical divisions not simply differences at the level of what the divisions are about, not “souls committed to the basic democratic norms–respect for truth, personal integrity, the capacity for deliberation and compromise, loyalty to nation above party or tribe,” up against other souls who believe “what matters is the survival of your nation and culture.” [David Brooks, “Worthy is The {Conor} Lamb,” New York Times, 3/17/p. A27] That something as mundane as class or race might be playing a role in the divisions that divide “us” never appears.

Blog 106 – “winning” tax reform


TAX REFORM – WHERE WINNING IS FOR LOSERS

(Re: “The biggest winner in the tax code rewrite…” New York Times, December 6, 2017, p. 1 and A34)

Winning is for losers, in the case of tax reform, if principles or rationally defensible policy is the measure. Winning on tax reform is what you boast about when you’ve failed abysmally to produce anything of merit, and all you can claim is that you’ve defeated any alternative in a fight for something – whatever it is. You already have the support of the wealthy, who support you because your proposals are to their very material benefit; but you want to get the votes of a wider constituency.

With the outrageous process of drafting a bill that could at least be called “tax reform,” the Republicans have come up with a monster whose only virtue is that it cobbles together legislation that would garner one more vote over the bare minimum needed to pass something – anything whatsoever, anything, whatever its content, that could let the Party claim “victory,” and proclaim that they are “winners,” when in fact they have lost any claim to have accomplished anything worth doing.

Having failed to do anything that meets the meaning of the words “tax reform” in ordinary English, rather than admit failure, the Republicans are left with the hollow title of “winners” when in fact they have surrendered any objective that deserves use of the words. if you look at the content, not the form, of what they have actually accomplished, and judge by the standard of service to the common good, the Republicans are the real losers in the battle for true tax reform.

“Winning,” in fact, is a mischievous word. As Donald Trump or the Republicans or often some meila use it, it in fact means conquering, and “losers” are meant to surrender. But it can also mean being successful in a competition to solve a problem to achieve a noteworthy result, as in most sports competitions, where some do better than others, but one’s success does not negate what others have scored. Fair competition can leave the losers intact, to continue to strive; unfair competition, winner take all,  is aimed at eliminating “losers” entirely from the competition.

Blog 98 – Winners and Losers in Trump’s World


Blog #98 – Winners and Losers in Trump’s World

There are winners and losers in life, says Donald Trump; that’s just the way it is. Everyone can’t be a winner; some people just inevitably have be losers. That’s certainly true of chess, or the javelin throw, in the Olympics, or budding young entrepreneurs in information technology. But is it true of the game of life? Indeed, is life a game? What is at the heart of his appeal to his following is: “You can be rich just like me, you shouldn’t be a loser, stick with me and someone else will be the loser. Is speaking of “winners” and “losers” in the game of life simply an unthinking application of a metaphor, or does it have a practical political meaning when those like Trump use it, a meaning that is heavily conservative and morally and ethically questionable?

I believe using the terms “winner” and “loser ” as Trump uses them is indeed direct and insidious propaganda to justify a particular economic, political and social system in which in the winners, defined as the successful wealthy and powerful, appropriately are entitled to that wealth and power, and the losers may be commiserated with, perhaps even helped out if they have lost too much or been left with too little in the inevitable struggle for survival, but the arrangements that produce winners and losers are simply accepted as inevitable by anyone who is willing to be a realist and not a starry-eyed-idealist. The language is even more insidious when it uses “born losers,” those who are born to lose, who do not lose because of any action of the winners, winners who have no responsibility for the losses of he losers. Winning and losing is a matter for having the right dna. It has nothing to do with justice or fairness.

Challenging a concept such a Trump’s of winning and losing in fact raises critical questions of public policy, of the just distribution of wealth and power, of how values are manipulated, of how the society functions and could function.

“Winners,” in Donald Trump’s sense (from here on that sense is in quotes) describes individuals who have gained at the expense of others, others who have correspondingly really lost –in reality as well as in Trump’s sense of losers “losers,” gamers who are the worse off for having been forced to play the game and surrender something of what they had to the winners .

Winners, in a social justice sense (no quotes) should be those who end up justly better off. If there were social justice which governed who won and who lost, everyone one would be a winner (no quotes) and none would be a loser (no quotes). there would be Losers. As even most honest conservatives today acknowledge, our society is rich enough to provide adequately for all of its members with no one having to suffer because of absolute shortages of goods or services.

“Winners” are socially unjust because their actions are taken at the expense of and with no regard for the consequences for the losers. Losers really lose, although in limited cases losers may gain some disproportionately small benefits accompanying their loss. Clément Théry, for instance, describes the relationship between winners and losers in the housing market as “adversarial bargaining bordering on predation.”
A classic example is the winning/losing relationship between landlords and tenants.

Concretely:

Relationships between landlords and lower-income tenants reflect] asymmetries accompanied by adversarial bargaining bordering on predation. Similar practices exist in other segments of the rental housing market. In low-income minority neighborhoods, they are not marginal, but one of the central forms of economic behavior. [1] Recognition of cliques’ predatory strategies reshapes our understanding of landlord–tenant conflicts, predator and prey, gentrification, and even subsidized housing.” “the incivility of tenant–landlord relationships. Landlords display their unbending forcefulness in pursuing their interests through verbal violence with tenants).” “Predators look for rich, fat objects of prey, not deprived and skinny ones. There are more resources to be seized by preying on a landlord or a bank than by targeting low-income minority tenants.”

A socially just society, as here understood, would be a society in which in reality – that is, under the existing dominant social economic, political and social arrangements of the prevalent society, no one was deprived of their fair share of the resources of society, in which some winning would not have to be to the detriment of others who lose. Such n ideal society of course postulates enough for all, but that is situation which is easily within range of achievement in advanced industrial societies such as Trump’s United States even now, even if spread over all countries on the globe.

This blog is one of the set:
Blog 98 – ‘Winning’ and ‘Losing” n Trump’s World
Blog 99 – “Winning” – Really Desirable?
Blog 100 – Competition and Socially desirable Winners and Losers

Blog #97 – After Exposing the Roots of Homelessness – What?,


 

After Exposing the Roots of Homelessness – What?

I am deeply impressed by the contributions to this volume[1] and the debates that have led up to it, and happy that my little essay more than 25 years ago fed into them.  But at the same time I am saddened by it is still timely.

It is now clear that we know enough about homelessness and its causes and effects to understand how abhorrent it is within an affluent society, and further that we know enough to be aware of what is needed to end it, what can and should be done. I write “’we’ know enough;” at  least no one seriously argues today that  homelessness is inevitable as a natural and healthy phenomenon needed to keep society going, to provide an incentive for those too lazy or too stupid to get to work and take care of themselves.

So why do we still have homelessness in countries like the United States today? On the very day I write this, in today’s New York Times[2] is a story headlined   “Long Nights with Little Sleep for Families Seeking Shelter; it gives the number of persons in shelters as 59,373, a record. This is on the front page one of the most widely read and respected newspapers in the country. It isn’t knowledge that is lacking that is preventing us from solving the problem . If there are still attempts to “neutralize” it, in the sense of the discussion here, it is not out of ignorance.

Why so little action, then? The picture that emerges from the articles in this book help us explain why. I think the argument can be summarized as follows.

To begin with, it costs money to remedy homelessness, and requires significant governmental regulation to solve it, and that in a variety of linked fields: housing production, management, location, urban planning and development, economic development, education, health care, criminal justice, media coverage, racial and ethnic discrimination, immigration – the detailed evidence is at hand. Admitting this means, at the very least, raising the money for the needed remedies, even just the shelter responses that are so obviously inadequate even in our greatest cities. That means taxation, and necessarily progressive taxation; when the 1% own more wealth than all the bottom 50% together, there are powerful class issues involved from the beginning. The results are apparent in the prevalence of the “lower taxes” slogan in current political campaigns. Claims for equity in taxation get neutralized too.

But look at the further implications of acting on what know about homelessness, pursing its implications in public policy formation. The money and resources that are needed to provide adequate housing for all must either come today – we live in a capitalist society – from the private profit-motivated sector, or from government. In the private sector that means raising wages and incomes substantially at the bottom and the middle; and in the government sector, raising taxes at the top. Clearly controversial. Power for either event does not lie with those pushing to solve homelessness.

But take critical analysis further. The reason redistribution of money and resources from the rich to the poorer is needed to provide decent housing for all is that housing is distributed through the market, based on ability to pay, i.e.based on wealth and incomes. That’s not inevitable, even within a capitalist system. Some housing could also be distributed by need, with public provision outside the market where the market will not provide it for lack of profit potential.  Public housing, housing subsidies, income subsidies, housing allowances, anti -speculation taxes, rent controls, community land trusts, inclusionary housing requirements, are all available tools. We know what can and should be done. Lack of knowledge or tools is not the problem; the problem is implementing our knowledge..

But taking an even further look at the implications of that conclusion: why does it only apply, mutatis mutandis, to homelessness issues – resources need to be redistributed, the role of the market constrained?? Indeed, could the conclusions really in any case only be limited to homelessness, or to housing policy generally, even if we wanted to narrow it that way? Wouldn’t  it, if we were being logical, apply to all of the linked areas mentioned above, from urban development to health care to racial discrimination, not only to poverty but to all issues of social justice and of equality?

And then it becomes hard not to examine the rationale for capitalism itself, and to ask whether or not alternatives ought to be considered. Admittedly socialism in its classic conceptualized form is hardly on the agenda, today, although Bernie Saunders may have made the word’s use a little more acceptable in polite society. If two key hallmarks of movement in that direction already accepted and in place, might be thought of, such as free public  education, public  police  and fire protection services, public roads and transportation, parks, for instance, might we not consider reexamining the appropriate  role the market vis-à-vis  democratic governmental provision and regulation in the housing sector? Couldn’t  we  use the levels of public funding and public regulation as  indications of where are compared to where we want to be on each, and keep their connection with broader economic, social, physical, and above all power, relationships very much on the table as well?

We are already, in the United States, at national, and at some state and local, into hard debates about the appropriate roles of the private sector and government, and inching towards a variety of compromises. Think of health care, going from subsidy and facilitation towards a public option, uncomfortably aware that other countries have much more satisfactory nation health systems. We have means-tested programs of public welfare assistance, some including direct public provision, others subsidizing private or providing direct cash allowances to be used in the market. Public health agencies deal with some health issues – the Zika virus is right now a clear public concern – but not o. We have unemployment benefits, economic development programs subsidizing private “jo creators,” but little direct public job creation. All of these programs deal with issues related to each of the others, but the campaigns for improvement in each are separate, and the political parties shy aware from any broad calls to link them in a reassessment of the roles of the involved private and public institutions and levels of government. Yet that is what all the widely available evidence point us to as needed.

Perhaps putting an analysis such as is provoked by the above summary under the rubric of a formal Right to Housing, such as is suggested in the U.N. Universal Declaration of Human Rights and International Covenant on Economic, Social and Cultural Rights,[3] might likewise help us help us broaden and deepen the approach we take to the problem of homelessness, its causes and solutions. Putting the situation in the global context in the national discourse might by itself be illuminating.

What needs to be done, urgently today and gradually but ultimately tomorrow ,  is really pretty clear.[4] Perhaps Trump also understands the logic of this , and that explains why he so staunchly opposes dealing seriously with and really funding any social programs dealing with an issue such as homelessness in his budget – if you start helping one set of “losers,” you’re going to have to start helping all of them, and where would that  lead us….

[1] Marcuse, Peter. 1987. “Why Are They Homeless,” The Nation, April 4, vol. 244, No. 13. Reprinted in Eitzen, D. Stanley, ed., Social Problems, Allyn & Bacon, and in Kennedy, Williams, ed., Writing in the Disciplines, Prentice Hall.

[2] Nakita Stewart,“Long Nights with Little Sleep For Families Seeking Shelter,” The New York Times , August 29, 2016, p.1.

[3] The Universal Declaration of Human Rights, available at   http://www.un.org/en/universal-declaration-human-rights/index.html, and Edgar, Bill; Doherty, Joe; Meert, Henk (2002). Access to housing: homelessness and vulnerability in Europe. The Policy Press. p. 17. ISBN 978-1-86134-482-3.

[4] A further discussion of the cause and some alternate approaches to “the housing problem ” may be found in David Madden and Peter Marcuse, In Defense of Housing: the Politics of Crisis, 2016, Verso, London, , and in various  entries in my blog, Urbandpolitical, at pmarcuse.wordpress.com.

Peter Marcuse      July 20, 2018

 

Blog #95a – Questioning “So-Called President” Donald Trump’s Mandate, Immediate Actions


#95a – Questioning “So-Called President” [1] Donald Trump’s Mandate:
Immediate actions, Long-Term Possibilities, Constitutional Questions.

This blog, and the blog before it, Blog #95 – “Given the Electoral College, who “won” the 2016 Election?” – summarize the findings of Blogs #92a to #95 on “so-called President” Donald Trump’s claim to have won the election as president of the United States, and suggests some Immediately practical reforms of the Election Process in the United States They raise some longer-term issues about the constitutionality of the Electoral College per se, issues whose results in the 2016 election deserve wide discussion. [1a]

IMMEDIATE ACTION POSSIBILITIES.

First and foremost, questions about the legitimacy of the 2016 election process and its results must become matters of wide-spread concern and debate. That means raising in the public debate the question of the legitimacy of Trump’s Electoral College “win,” challenging every boast that Trump or his positions represent a landslide, a majority, a popular consensus, a mandate, etc., every time such claims are made. It is in fact estimated at only 27.2% of all eligible voters at Blog #93.

Watching how the question is formulated is important.

It’s not “What did Trump do to win the Presidency, “ but “what aspect of the Electoral process enabled him to claim that office when he in fact only received a minority of the popular vote in the election for it?”

Nor is “what did Clinton do wrong that cost her the election?” the key question. She in fact got almost three million more votes than the nearest contender for the office. The question is rather, “Why, if Clinton got a significant plurality of all votes cast in the election, did she not get the Presidency?”

And it’s not, “How could Trump convince a majority of the voters of his ultra-conservative agenda,” but “How was it a relatively small proportion of the electorate (my estimate above was 27.2% of those eligible to vote} could impose such an agenda on the rest of the country?”

Perhaps even more important in the public discourse, a recurrent theme among those defending Trump and his policies, and many presumably “neutral” commentators” is that,” after all, he was elected the President of the country, and, whether you agree with him or not, you have to respect that he is the legally chosen representative of the people and must be recognized as speaking for them in what he says and does.” “He got elected; live with it,” goes the line.

But that’s precisely wrong, and runs against across the grain of the whole theory of democratic government Trump is not entitled, now that he has “won the election,” to impose his particular agenda on the country by executive mandate or administrative fiat. On the contrary; he was elected by the
votes of 62,980,160 voters out of a total population of eligible voters of 231,556,622, or 27.2 % of the electorate. He has an obligation to represent all of those 231,556,622, whether they voted for him or not, or didn’t vote at all. [1b]. His voters actually represent a minority of the American citizenry , and in fact not even a plurality of the actual voters.{See Blog #93} He not only has no over-riding mandate behind his policy positions, he in fact has a positive mandate to compromise, to consult, to listen, to bring people together. Supporters or interviewers who are content to stop at, “after all, he’s the President,” mistake how a real democracy functions.

LONGER TERM ACTIONS

Longer term but needing to be kept constantly on the table, is the National Popular Vote proposal (NPV}. It is simple. It would have every state have its Electors in the Electoral College allocate their votes in the same proportion as the national popular vote. If states with a majority of the electoral vote now adopted it, it would guarantee that the Electoral College result would be the same as the national popular vote.[2].

NPV has three big advantages: It is intuitively fairer, more democratic, and is simple and relatively easy to understand. And it does not necessarily favor either major political party today. It has already bi-partisan support in at least 11 states, with more considering it. And it solves the constitutional problem that Electoral College votes are weighted in favor of small states, because however many electoral votes a given state has, they will be cast to accord with the national popular vote result.

And it does not require a Constitutional Amendment to be effective, just agreement of the states having entitled to the majority of Electoral College votes.

It has two disadvantages: It does not solve the plurality/minor parties’ problem. But to do that would complicate the initial reform effort substantially. And it might still permit a plurality to win the Presidency. Only adding even more complicated (although fairer) Proportional voting methods would solve that problem (and be fairer to minor party voters as well), but seems too cumbersome for at least the first effort at reform.

Politically, the National Popular Vote Proposal is however a positive demand, for four reasons:

First, it is both intuitively and logically right. It improves democracy in government, and is likely (although not guaranteed) to advance social justice in its substantive results.

Second, it is a unifying demand, putting the leftish, Sanders wing of the Democratic Party into contact with the mainstream, and facilitating communication and persuasion in on-going political work.

Third, it highlights Trump’s minority support status, accentuating how far he is from a mandate for his policies, how strong the argument is that he must recognize the needs and demands of the majority of the voters in what he does while still in office. And,

Fourth, it is achievable –.it has already been enacted into law in 11 states with 165 electoral vote, and has further been passed by one chamber in 3 Republican and 1 Democratic-controlled legislatures. Only 270 are needed for it to become effective.

Then, a problem with both short and longer term approaches. The proportion of actual voters casting ballots among present and potential voters is strikingly less in the United States than in other developed democratic countries. Part of the reason no doubt lies in the skepticism about the difference it makes, with neither major party offering a break-through in meeting voters’ deepest concerns. But a part of the explanation for the fact that 40% of those eligible to vote did not do so lies also in the obstacles placed in the way of registration to vote in many states, which the courts are partially remedying. Strong national legislation would help.

As this is written, Trump is maintaining that that perhaps 3,000,000 votes, even among the limited numbers actually voting, were illegal. That’s been met with wide-spread incredulity. In fact, if the winner-take-all provision part of the Electoral College voting process, adopted at the discretion of each state, were dropped, the number of actually effective votes might be increased by a least an equal number.

Restoring the “preclearance” provisions of the 1965 Voting Rights Act,”, requiring with appropriate language, advance approval by a federal court or the Department of Justice for questionable state changes to voting regulations under the Voting Rights Act would surely increase the number of eligible voters significantly, removing inappropriate barriers to participation by many.

And there is a simple non-controversial measure that would undoubtedly be helpful in increasing the number of voters actually voting:

Make Election Day a national holiday

Perhaps even provide that it be a paid holiday in covered employment, as many state laws and some government contracts now provide for sick leave—perhaps by requiring Election Day as a paid holiday under the Fair Labor Standards Act.

Like NPV, the call for Election Day as a holiday is simply a good government measure, one that advances democracy, and should not become a partisan political issues. It would surely have a healthy, and progressive, impact both on how many vote and who votes; no one should object to it. And the country is surely rich enough so that it can afford one day a year of less production in the cause of better and more responsive government. And, for that matter , wouldn’t one day less of being required to go to work to make a living advance the quality of life for all our people?

CONSTITUTIONAL QUESTIONS

The constitutional questions surrounding the Electoral College are fundamental questions.
Article I of the Constitution as first adopted, provided

Article I

“…in choosing the President, the votes shall be taken by states, the representation from each state having one vote.” [2a]

It has been almost unanimously implemented through state action since then to provide that the votes of a state shall be that resulting from a winner-take-all count, i.e. a state’s one vote shall be for whoever gets a plurality of that state’s votes,. Thus the votes of all losers in the state’s votes are disregarded in determining who has won the final vote in the Electoral College.[3]

But the Twelfth Amendment, Article II, adopted in 1804, provides:

Article II
Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress
Under that provision all states have, a least since 1824, adopted a winner take all election procedure [4]. Its effect, of course, is to make the minority votes in any state irrelevant in the final count for Electors. While it might seem unfair to any party coming in second in any individual state’s race, any party winning a plurality will appreciate the rule, and thus, since winning parries make the rules it has apparently remained unchallenged over time.
But winner-take-all does seem to abridge the rights of a substantial number of voters in any Presidential election, and arguably to violates the intent of the 15th amendment.[3]
So the U.S. Constitution does not mandate that system, however. Instead, it is left up to the states to determine how they select their representatives in the Electoral College, and the states have followed the winner-take-all arrangement without serious challenged since its adoption in 1804. For the first 13 presidential elections, spanning the first four decades of the history of the United States, states experimented with many different electoral system. By 1836, all but one state, South Carolina, uses the winner-take-all method based on the statewide popular vote to choose its electors. South Carolina continues to have its legislature choose electors until after the Civil War. [4]

The Fifteenth Amendment, passed during Reconstruction, contradicts , in spirit if not in terms, this Electoral College provision. Adopted in 1870, it reads:
Amendment XV
Section 1.
The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any state on account of race, color, or previous condition of servitude.
Section 2.
The Congress shall have power to enforce this article by appropriate legislation

In adopting the 15th Amendment, the intent was to grant all citizens, including the recently liberated black slaves, a full “unabridged” right to vote, implicitly with a vote equal to that of all other voters. The Electoral College procedure favoring some voters over others {See Blog #94} distorted – abridged — that result. If 65,845,063 Clinton voters in the 2016 popular election had their vote discounted by 29% [See #blog 95} compared to the vote of the 62,980,160 Trump voters there is clearly something wrong. Such a discounting is an “abridgement” of their right to vote, in the terms of the 15th Amendment.

But it did not make any practical difference in the outcome then, and when it much later did, the 15th Amendment argument seems not to have been made to challenge it.

It might be argued that the language of the 15th Amendment created a class of particularly protected citizens: “the right of citizens of the United States to vote shall not be denied or abridged by the United States or by any state on account of race, color, or previous condition of servitude,” and that category of voter is not affected by the current procedures in either the national popular vote nor the votes in the Electoral College. But it should not be hard to demonstrate factually that those whose votes have been abridged in 2016 by the Electoral College winner-take –all system were indeed disparately voters who individually or as a group were disparately of a particular race and had suffered then or earlier by conditions of servitude of members of the group.. The minority voters, many of the 65,845,063 Clinton voters, were in a minority in their states although in a majority in the national vote, should be entitled to the protection of this language of the 15th Amendment

The Fourteenth Amendment’s language, with its equal protection language, does not single out any particular group for special protection, but applies to all. Its reach protects “citizens of the United States” and extends to “any person within its jurisdiction the equal protection of the law.”
While not directly referencing voting rights it contains a broad edict:

Amendment XIV, Article I

“All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”

The Supreme Court ruled in Bush vs. Gore.

Having once granted the right to vote on equal terms, the State may not, by later arbitrary and disparate treatment, value one person’s vote over that of another. See, e.g., Harper v. Virginia Bd. of Elections, 383 U. S. 663, 665 (1966). “…once the franchise is granted to the electorate, lines may not be drawn which are inconsistent with the Equal Protection Clause of the Fourteenth Amendment”.”[5]

Ironically, Donald Trump himself left the door open to a challenge of the legitimacy of the results of the ‘Electoral College vote when, in the course of the election campaigning Ohio, he flatly refused to commit himself to respect the vote, whatever it would be. Trump told supporters that “the bottom line is we’re going to win.” He would “accept a clear election result,” but he would also “reserve my right to contest or file a legal challenge in the case of a questionable result.[6] Presumably, if he were to consider rejecting the vote of the Electoral College because it was rigged, he would object whether the rigging was in his favor or in Clinton’s. He simply wanted to reserve the right to challenge the results when the appropriate time came.

The public needs to engage with these questions, and the courts and the legislature should now be asked to address them directly. Until they are resolved, a dark cloud will hang over any claim of Donald Trump to the Presidency of the United States.

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[1] I would never have thought it appropriate to use this phrase had not Trump himself spoken of the recent decision of Federal District judge Roberts of the Federal District Court in Washington state, with which he disagreed, as the decision of ”this so-called judge.” It may however not be inappropriate in this case; see our conclusion below.
[1a] The six most relevant recent blogs, all at pmarcuse.wordpress.com, are:
#91 – Explaining the Election in 10 Sentences – Preliminary
#92a – Electoral Reform: Outing the 1%
# 93 – Election Figures Show Trump with Only 27.2% of Eligible Voters-What Mandate?
#94 – In What Ways is the Electoral College Illegitimate Today? #95 – Given the Electoral College, who “won” the 2016 Election
#95a – Questioning “So-Called President Donald Trump’s Mandate+
[1b]https://docs.google.com/spreadsheets/d/1VAcF0eJ06y_8T4o2gvIL4YcyQy8pxb1zYkgXF76Uu1s/edit#gid=2030096602 https://twitter.com/totalogic
[2} http://www.nationalpopularvote.com.
[ 2a] Somewhat ambiguous language, but interpreted as meaning all the Electors from each state share one vote, that plurality in that state’s vote, and it shall be for both President and Vice President, so that those two offices will be filled by the same party..
[3] See “The Equal Protection Argument Against Winner Take All in the Electoral College: The Constitution doesn’t require the Electoral College to count votes the way it traditionally has”. By Lawrence Lessig | December 12, 2016,, available at http://billmoyers.com/story/equal-protection-argument-winner-take-electoral-college/ and Blog #94,“In What Ways is the Electoral College Illegitimate Today
[4] http://www.fairvote.org/how-the-electoral-college-became-winner-take-all.
[5] http://caselaw.findlaw.com/us-supreme-court/531/98.html
[6] http://www.usatoday.com/story/news/politics/elections/2016/10/20/donald-trump-election-results-debate-hillary-clinton/92450922/