Blog 122c -Non-Causes of Poverty, Jobs, Welfare Responses


Blog #122c – Non-Causes of Poverty, Jobs, Welfare Responses

Why is there poverty in the United States today?[1] Most anti-poverty policies rely on one or more of four theories about the causes of poverty: the lack of jobs, the shiftlessness of the poor, the changing technological composition of production, or the scarcity of resources to provide for all. None of the four holds up.

We don’t have enough jobs. Not so. “Unless we create more jobs, there will be unemployed and thus poverty,” many believe. But unemployment is low, whatever the weaknesses of its measure, and most poor people are already employed. They already have “jobs,” or at least work, and very often hard work, often part- time, insecure, without benefits, almost always devalued. It is the substandard quality of the jobs we have that undergirds poverty.[2]  Killer jobs, not job killers, are the real problem.

And that so many jobs are substandard is not by accident. Simple economics dictates that employers will always push wages as low as they can: wages to workers are income to employees, but expenses for employers.  Matthew Desmond’s trenchant article[3] provides the figures, and lays out the consequences, in well reasoned and human terms. What’s needed are good jobs, paying living wages, secure over time, organized so as to be manageable along with meeting all the other obligations of complicated lives

They are poor because they are lazy. Not so. “They don’t want to work, or they drink, or are addicted, or mentally ill,” some argue. But, as noted above, most poor are in fact working, but at jobs with less than living wages or unsustainable working conditions Blaming the victims for their poverty will not work

Technological change requires workers with skills the poor don’t have. Yes but. A high school education may be increasingly needed to get a good job, but lack of a high school education is not voluntary for most without it. Getting a good education is not so simple for many, and especially for those that begin poor. Lack of good schools, of health care, of transportation, of housing, of physical security, of social encouragement, all play large roles. There is no evidence that, given the opportunity, poor people are not able to handle work that requires a post-high-school education. The poor may indeed have less education than those better off, but not because they are stupid.

Technological advances should in fact increasingly be able to provide enough for all, so that there would be no such thing as poverty, if they were appropriately socially organized.

There will always be winners and losers. The poor are simply the losers. No longer so. “The poor will always be with us is an old argument. It is increasingly wrong. Our societies are able to produce enough so that no one needs to live without adequate housing, food, clothing, rest, security, or the other things a decent standard of living in a technologically advanced society can produce. The statistics on inequality are clear. Even a modest redistribution from the top 1% would mean that all of the other 99% could live well above poverty levels.

 If none of these four explanations accounts for the widespread existence of poverty today, what does?

Two factors basically explain the existence of poverty today.

First, major real conflicts of material interest underlie poverty.  As pointed out above, simple economics dictates that for-profit businesses will always push wages as low as they can: wages to workers are income to workers, but expenses for for-profit businesses. Thus, poverty benefits powerful economic and political interests, powerful both in establishing economic relations, and in politically establishing governmental policies that further business interests opposing the steps necessary to eliminate poverty.  And,

Second, the necessity of dealing with immediate and critical human problems detracts from confronting these real conflicts, creating an incentive to downplay the existence of these conflicts politically as well as ideologically, even among well-meaning advocates of policies challenging the underlying causes of the conditions whose consequences they seek to ameliorate, so-called anti-poverty and social welfare programs.

So what is to be done to reduce and ultimately eliminate poverty from rich societies such as ours?

 Immediate actions. We have some limited but moderately effective social-mobility programs: minimum wage laws, restrictions on hours of labor and unhealthy working conditions, subsidized health care, unemployment benefits, public financing of elementary education. They need to be adequately and securely funded.[4] They should be championed, expanded, and stripped of any draconian and counterproductive work requirements. But more is needed.

Ultimate goals must be kept on the agenda as ultimately needed, goals such as a real right to housing, to free medical care, to free public education through college, an adequate income should be considered, and seen as obvious governmental functions, just as are police or fire services or streets and highways or sanitation or environmental controls or providing for holding democratic elections or public parks or clean water. So one might consider adopting as ultimate asocial goals for social action the elimination of poverty entirely and the provision of a right to a comfortable standard of living commensurate with what society is already in a position to provide, given a commitment to use it so that its wealth is distributed equitably among all individuals and groups in the society, commensurate with individual and group needs and desires. The even broader goal might be expressed as the just and democratic control of the economy as a whole and in its parts.

Transformational Measures. But to achieve such goals, shorter-term steps also need to be pursued, measures that move in these directions but that do not promise more than are immediately political feasible yet can contribute to meeting long-term goals.. [5] We should not neglect the importance of the poverty fixes we already have. Safety-net programs that help families confront food insecurity, housing unaffordability and unemployment spells lift tens of millions of people above the poverty line each year. By itself, SNAP annually pulls over eight million people out of poverty. According to a 2015 study, without federal tax benefits and transfers, the number of Americans living in deep poverty (half below the poverty threshold) would jump from 5 percent to almost 19 percent.[6]

  1. Improving minimum wage laws. Moving towards the ultimate goal of stablishing a standard of living for all that guarantees not only the necessities of life but at a level consistent with a comfortable and secure standard of living and a level commensurate with the productive capacity of society, appropriately organized to fullfill social needs and enforced well enough to prevent destructive competition- among businesses based on how little they pay their workers.
  2. Strengthening workers’ rights, moving in the direction of fair wages for all, including strengthening requirements for fair labor standards in the work place. Encouraging self- organization workers and poor households along diverse lines needing publii representation..
  3. Expanding the public and non-profits sectors, in the direction of recognizing the benefits of using social contribution as the motivation of provision of goods and services, rather than profit to be made by furnishing them, e.g. in housing, health care, education, recreation, transportation, environmental amenities, creative arts.
  4. Terminating public expenditures whose motivation is economic development and growth for their own sake, and focusing them on their contribution to meeting social goals, including provision of socially desired levels of goods and services. Publicly subsidized job creation as part of and motivated by economic development interests will simply benefit employers unless coupled with living wage and decent working condition requirements. Adding a work requirement to the receipt of social benefits is likewise a painfully ironic was of reducing such benefits to their recipients in a system in which if they do not produce profits for an employer, over and above their wages they will not be hired.[7]
  5. Making the tax system strongly progressive, lower at the bottom, higher at the top, moving towards the broad reduction of inequality and targeting them to the encouragement of socially desirable activities.
  6. Weighing the advantages and disadvantages of imaginatively recasting budget priorities, specifically reducing the military budget, funding anew climate -change-centered civilian conservation corps, increasing foreign aid aimed at alleviating conditions that lead to emigration etc.
  7. Recasting the public thinking about the meaning and values of work, the causes of poverty, the values implicit in alternative approaches to inequality and injustice. [8]

In Matthew Desmond’s eloquent words, “We need a new language for talking about poverty. ‘Nobody who works should be poor,’ we say. That’s not good enough. Nobody in America should be poor, period.”  He’s right.[9]

[1] The official poverty rate is 12.7 percent, based on the U.S. Census Bureau’s 2016 estimates. That year, an estimated 43.1 million Americans lived in poverty

 [3] Matthew Desmond, “Americans Want to Believe Jobs Are the Solution to Poverty. They’re Not,” concludes simply: “the able-bodied, poor and idle adult remains a rare creature “Why Work Doesn’t Work Any More,” The New York Times  Magazine, p. 36ff. Available at                             https://www.nytimes.com/2018/09/11/magazine/americans-jobs-poverty-homeless.html

[4]

[5] For a further discussion of the concept of transformative measures, see pmarcuse .wordpress.com, blogs 81a-81e, 97, and 99, Towards Transformative Approaches to Unjust Inequality.

[6] Mathew Desmond, op. cit., p. 49.

[7] Mathew Desmond in a factual, tightly argued, and very persuasive article effectively demonstrates the futility of work requirements attached to the receipt of social benefits. Today, 41.7 million laborers — nearly a third of the American work force — earn less than $12 an hour. the New York Times Magazine of September 11, 2018,

[8] Matthew Desmond, op. cit., writes ”No single mother struggling to raise children on her own; no formerly incarcerated man who has served his time; no young heroin user struggling with addiction and pain; no retired bus driver whose pension was squandered; nobody. And if we respect hard work, then we should reward it, instead of deploying this value to shame the poor and justify our unconscionable and growing inequality.”  And Joanna Scuffs, in a rich and provocative article , writes of ”the slipperiness of the term ”work”, from work  as a daily grind into work as “life’s work “oeuvre, art,  the reason you’re here on earth.” The’Linguistic Chamelion” of Work,In These Times, April  2018, [[. 65ff.

[9] Op. cit., p. 9.

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Blog #121 – Immigration and Foreign Policy


Immigration Policy

Letters from the August 13-20, 2018, Issue

Written July 19, 2018 [minor elisions, insertions]

Re The Nation’s July 16/23 special issue, “Needed: A New Foreign Policy”: Truer words were never written. But there’s a puzzling aspect here as well. The one issue that has mobilized Americans politically today—immigration reform—appears only as a minor point [in of foreign policy]. The growing inequality among nations, which is the ultimate cause of the immigration problem, is presented as an aspect of economic growth, or as a blot on our humanitarian values, and it’s both. [Local and national level reforms are urgent, But the causes [of immigration] are international. Shouldn’t it be front and center [a foreign policy issue also?] Only international measures can ultimately deal with it. Yet Trump is strikingly oblivious to its causes.
Peter Marcuse
santa barbara, calif.

The above appeared as a letter to the editor of The Nation. But, apart from the omission of consideration o the relationship between home immigration /emigration issues and foreign policies, there are   a number of other concerns that should be highlighted in any serious reconsideration of foreign policy for the United States. I list only a few briefly here, and hope they will be developed further shortly in the Nation’s 4-part series, which  is still incomplete as I write this,  and elsewhere.

——————————–

What are the practical and political implications of this analysis?

Only to mention a few:[1]

An International Fair Labor Standards Agreement, whose agenda could include wage, working conditions, protection of rights toorganizx, transparency. Possibly integrated into tariff considerations? Environmental standards for goods in international commerce?

An international enforcement agency, with provision for fines for violation as financing?International labor code or standards, and reqilrement for posting on products and disclosure

Tariff policy on goods where code compliance not transparently posted?

International support for right to organize as human right

Spelling out local legal status of rights provisions of international law?

International standards for fair elections, with international  non-recognition of results of non-complying designation of holders of key political offices ?

Major economic development assistance (Marshall Plan (for hight emigration countries)?

An International Fair Labor Agenda?

With an  enforcement agency, and recipient of fines for violation as financing?

International labor code or standards, and reqilrement for posting on products and disclosure?

Tariff policy on goods where code compliance not transparently posted?

International support for right to organize as human right?

Clear, comprehensive, and legally enforceable provisions for prevention of discrimination against members of any group defined by ethnicity, color, gender, or culture.

Minimum standards for public education, with coordinated international assistance?S

Economic development assistance for high emigration countries?

All seen as legitimate agenda items for foreign policy debates and international agreements.

——————————

Clearly pie n the sky, in terms of actual formal implementation. But perhaps useful as a statement of goals and basis for a vision of what an international democratic and humane world order might look like?

To put up against the vision of an international world order led by an “again great America,” whose leadership is voluntarily accepted by the rest of the world, despite its own internal failure to adopt such proclaimed standards or act as an active and open-minded model for others on the world stage?

Not “Americans to make America Great for Americans Again,”  but

But “All Together to Help Make the World Freer, More Equal, and More Democratic for All. Now.”

[1] A number of more detailed and thought-throug of veersions of such a list, intheform of social movement and political and religious and humanistic groups, and deserve coordinated and serious study.

Blog #104 – – An Incomplete but Useful Inconvenient Sequel


Blog #104 – An Incomplete but Useful Inconvenient Sequel

Al Gore’s continuation of his An Inconvenient Truth is an important contribution to the effort to combat global warming and pay attention to what is and what is not being done to the natural environment by largely unregulated economic development. It is a bit too long, a bit too much Al Gore, but on the whole a striking antidote to climate change denial.

But it has unfortunate weaknesses.

It stresses the human contribution to climate change, but leaves it simply at showing there is such a contribution, and lamenting it. Yet this is perhaps the strongest argument that the deniers raise: admitting there is climate change, but arguing that the human contribution is a minor factor in producing it. Yet at the end there is the admission that, even in the best realistically possible set of public policies, there will be climate change, it can be slowed down but not stopped. That cries out for some facts and figures on the proportional contribution possible from better public and private policies, and leaves open what can be done about the residue that is apparently admitted to be inevitable, regardless of human counter-measures. Even if exactitude is not within reach, at least some orders of magnitude, some reasonable estimates with their biases, would be very helpful.

Even more important, it is woefully inadequate on the political and economic forces that affect public action on that human input. The implicit if hidden analysis is that what is needed is greater understanding of cause and effect, more public education, evidence more convincingly presented of the evils of present policies, and then state actions, appropriate public policies, will follow as the day follows the night. It is, in this way strangely non-political, no doubt to avoid being accused of being “politically motivated.”

But there is a difference between partisan party politics and fundamental recognition of the political/public policy determinants of public decisions. Trump is barely mentioned at the very end, and then simply by showing his name and citing briefly his skepticism. There is little discussion of who benefits and who suffers from the reluctance to confront climate change: only passing reference to oil company profit and power, to the role of lobbying in making the relevant decisions, to the Koch brothers or Citizens United or official scare-mongering about government take-over of private personal choices. It’s not that Gore is ignorant of or unconcerned about all this; it’s that the overwhelming weight of his argument is on understanding, convincing, educating.

The implication is there, if not intended, but insidious: reason will prevail when it is clearly presented. And the clear presentation of reason is surely an important contribution to putting its results into effect. And even the mas protest that Gore properly sees as necessary for change need to be informed by reason in what they do, what they demand, what the protest, what they see as required for change. But, when all I said and done, there are major forces, both economic and political, that are threatened by climate control measures and that profit from activities resulting in climate -changing consequences, that oppose change for very concrete, profit-connected and power-connected reasons. They need to be called out more sharply.

Gore recognizes this, but touches on it only gingerly. We need to confront the realities of power in public decision-making, and the importance of ideologies in undergirding inequalities. If we have to wait till Al Gore convinces Donald Trump “to come to his senses,” we face a bleak future.

The Sequel is sub-titled “Truth to Power.” It needs a second Sequel: “The Truth OF Power.”

APPENDIX

Al Gore on paths to climate change.

“…the pathway to solving the climate crisis is through the building of a massive grassroots army of men and women who will go out there and win the conversation on climate, and persuade businesses, and universities, and towns to switch to renewable energy and to reduce emissions. We’re gonna win this regardless.”
LEE COWAN: When you met with the president-elect at Trump Tower — and I know you don’t want to go into the specifics of the meeting — did you find him receptive, Mr. Trump, to your argument?
AL GORE: I found him attentive, and you can misinterpret that for being receptive. And I think he’s probably pretty good at that as a businessman. But yes, I did think that there was a real chance that he would come to his senses on this.

http://www.cbsnews.com/news/al-gore-on-environmentalism-trump-and-solving-the-climate-crisis-full-transcript/

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.

————————-

[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/

Blog #95 – Given the Electoral College, who “won” the 2016 Election


#95 – Given the Electoral College, who “won” the 2016 Election

This blog, and the blog after it, Blog #95a – Questioning “So-Called President” [1] Donald Trump’s Mandate: Immediate actions, Long-Term Possibilities, Constitutional Questions,–summarize the findings of Blogs #92a to #95. [1] 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

This blog argues that the figures as to who would have won the national election in 2016 if that election procedure had been fair are clear. If every vote was counted fairly, so at every non-Trump vote counted for the same Electoral College vote as every pro-Trump vote, if, for instance, the election were simply decided by the results of the present national popular ,Trump would not have won that election {See Blog #94}.

Under present procedures of the Electoral College:
For Trump, his actual popular vote 62,980,160, produced 304 Electoral College votes
Or one popular vote produced 0.0000048 Electoral College votes.
Thus it took only 207,172 actual votes to produce each of his Electoral votes.

But for Clinton, her actual popular vote, 65,845,063 produced only 227 Electoral College votes,[2]
Or one popular vote produced only 0.0000034 Electoral College votes.
Thus it took all of 290,066 popular votes to produce each of her Electoral votes.
Each of Clinton’s popular votes was worth only 34/48, or 71%, of what one of Trump’s popular votes was worth.

Result: Trump wins 2016 Electoral College vote Trump 304 Clinton 227, and gains the Presidency.

But if every actual vote cast by a voter counted for as much as every other vote, not the 34/48 ratio above,–if all persons’ votes were equal)[3] , Trump would come in a clear second, behind the first place winner by over 2,5000,000 votes. If each vote actually cast for Clinton carried the same weight in the Electoral College as each vote cast for Trump, the Electoral College vote would have been Trump 304, Clinton 314;[4]

Result: Clinton would have won the Presidency.

Trump “won” the Presidency in a procedurally unfair election. Only the distortions of the Electoral College, specifically its abandonment of the one person –one vote principle, permitted his victory.”
What difference do all these numbers (e.g, 71% weight given to a vote in one camp compared to 100% weight given to to the other) make, now that Trump has been inaugurated?
See Blog #95a – Possible Actions for Democratization and Questions of Constitutionality of Trump’s electoral “victory.”

[1 ] 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 Mandat
#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, Immediate Actions+
[2] Calculations based on http://uselectionatlas.org/RESULTS/national.php?year=2016 . http://www.270towin.com/news/2017/01/06/donald-trump-officially-wins-presidency-as-electoral-votes-counted-by-congress_440.html#.WIQkTn2kyio.
[3] As they are in the popular vote .
[4] Actually, the totals have to add to 538, so this would be 45.94%*538 = 247 Trump and 48.03%*538 = 258 Clinton . In either event, Clinton would have won .I thank Aaron Marcuse- Kubitza- for the point, and help generally on the calculations

Blog #93 – Election figures show Trump with only 27.2% of eligible voters: What Mandate?


Donald Trump aimed his New Year’s Eve tweet at “my many enemies and those who have fought me and lost so badly they just don’t know what to do.” Leaving aside the incredibly childish gloating over “his enemies,” from someone who occasionally talks about “bringing our nation together,” has Trump’s staff succeeded in keeping from him all knowledge of the actual vote counts in the 2016 election, in which his leading opponent, far from “losing badly” to him, in fact got 2,000,000 popular votes[1] more than he did?

Or has his staff not let him learn that, out of some 232,000,000 persons eligible to vote [2] in 2016, only 62,000,000 actually voted [3] for him, not only less than for Clinton , but also only 27.2% of those who were eligible [4]. 79% of those who were theoretically eligible to vote for him did not do so– less a glorious victory for Trump than a rejection of his candidacy by a large majority of Americans, a failure of the Trump campaign, hardly a victory.[5]

Or has his staff not let him learn that the roots of the compromise that resulted in Article Ii of the Constitution creating the Electoral College, was the founders’ distrust of grass-roots democracy and later white leaders concerned to hold down freed black voting impact, coupled with the gerrymandering of Republican-led legislatures o distort their states’ votes?[6] Or is Trump simply incapable of acknowledging facts that undermine his claims to have a broad popular mandate in this election?

The argument in defense of the Electoral College, now sometimes made, that it did not affect the outcome in the 2016 election, even though a national popular vote shows Hillary Clinton winning over Donald Trump now by over 2,000,000 votes; if the rules had been to have the popular vote determine the result Trump would have campaigned differently and won anyway. Indeed, Trump may have campaigned differently and gotten a different result; but so would Clinton. There is no reason to believe it would have made more of a difference in the number of voters voting for Trump than the in the number of those voting for Clinton.

Conclusion:

So on the figures, it was Donald Trump who “lost so badly” in the 2016 national election, who often seems not to know what he will do, whose mandate, if he has one, is a negative mandate, a mandate to follow the wishes of the electorate and serve all of the people of the country, not just his friends, ignoring those who disagree with him as “his many enemies.” Susan Douglas lists multiple cases in which opinion surveys clearly reveal the majority differing from Trump on key police issues, speaking of them as an “anti-mandate” to his claims.[7] His true mandate, from the figures, is one to unite and to seek compromises and unity for the good of all Americans, inclusively.

[1]So on the figures, it was Donald Trump who “lost so badly” in the 2016 national election, who often seems not to know what he will do, whose mandate, if he has one, is a negative mandate, a mandate to follow the wishes of the electorate and serve all of the people of the country, not just his friends, ignoring those who disagree with him as “his many enemies.” Susan Douglas lists multiple cases in which opinion surveys clearly reveal the majority differing from Trump on key police issues, speaking of them as an “anti-mandate” to his claims.[7] His true mandate, from the figures, is one to unite and to seek compromises and unity for the good of all Americans, inclusively. > “Trump’s Antii-Mandate,” I These Times, January 2017, p. 8.
[2] The actual figure is “almost 3,000,000”: 65,844,954 – 62,979,879 =2,865,075
(http://uselectionatlas.org/RESULTS/national.php?year=2016).
The actual figure is 231,556,622 (http://www.electproject.org/2016g).
(http://uselectionatlas.org/RESULTS/national.php?year=2016).
[4](62,979,879 / 231,556,622) = 0.2719847891026844
[5] Why for whom they would have voted had they voted must necessarily remain speculation, logic suggests categories:
a. prevented from voting by deliberately restrictive provisions;
b. dissatisfied with all the alternatives , or
c. happy to let the then predicted if mistaken expectations of majorities for Hillary Clinton become effective without needing heir vote .
If a, they would hardly be likely to vote for the Republicans who by and large were behind the increasing voting restrictions ;
if b. believing their inaction would result in the victory of the predicted for Clinton, were satisfied with that second-best non-Trump result ; or
if c. supporting a Trump defeat, believed their votes not necessary to ensure that result.
In any of those cases, non-voting voters were logically more likely Trump critics than supporters
But ignore these speculations, the broad parameters of the argument that Trump has only minority support in the electorate, still stands.
[6] A good summary of the history is at http://www.freep.com/story/opinion/columnists/stephen-henderson/2016/11/19/electoral-college-race-problem/94079504/. For a more extended discussion see: . Perhaps it is now time to rid ourselves of the last constitutional vestige of the peculiar institution: the electoral college.” P. 1155, 1156. Finkelman, Paul, “The Proslavery Origins of the Electoral College” (2002). Cardozo Law Review, Vol. 23, 2002. Available at SSRN: https://ssrn.com/abstract=1447478. The author concludes: “Over one hundred and thirty-five years ago the United States rid itself of slavery. Perhaps it is now time to rid ourselves of the last constitutional vestige of the peculiar institution: the electoral college.”
[7] “Trump’s Anti-Mandate,” I These Times, January 2017, p. 8.

Blog # 83 – Housing Approaches in New York City: 5 Points in a Long View.


Housing Approaches in New York City: 5 Points in a Long View:[1]

The five points, in brief:

  1. Democratic government has to be big government

Because of the size and hostility of big business

  1. Privacy has two meanings. One meaning is “personal,” private as opposed to “open.”

It should be respected both by government and business.

  1. The other meaning is “private” as opposed to “public.”

Private in that usage means profit-motivated on behalf of individual beneficiaries.

It should give way to the public   sector in housing policy.

  1. “Public –private partnerships” are a hoax.

They are a partnership like that between a gladiator and a tiger in a Roma circus,           or between a hungry lion and a lamb in the wild.

  1. The current housing system is deeply flawed.

It distributes housing based on wealth, not on need, and requires strategic  change, perhaps sectorally focused, but with a vision for the whole.

The five points, in detail:

  1. Democratic government has to be big government[2]

Because of the size and hostility of big business

In the election campaign, there’s a fear of saying that on both sides. Even Sanders seems to accept the idea that government sold be as limited as possible, only where necessary to remedy failures of the private sector.

But the economy is by nature private, private is more efficient, private is the default way of providing goods and services, socially necessary good and services and luxury goods and services.

In the case of housing, private means the real estate industry, the complex  of land and building  ownership; public means public housing, which can include housing owned publicly by decentralized in management to its occupants.

  1. Privacy has two meanings. One meaning is “personal,” private as opposed to open.

It should be respected both by government and by business.

Privacy is a requirement for human dignity and individual freedom: areas of life in which each individual may decide for him or herself what kind of life to lead, what kind of relationships to have, what kind of priorities to pursue.

In the case of housing, a person home, in that sense, is his or her castle, personal, inviolate, private in the sense that most people understand home ownership [3]. In multi-family housing, coops, etc., it means full resident participation and decision-making in building matters.

  1. The other meaning is “private” as opposed to “public.”

“Private” in that usage means profit-motivated on behalf of individual or  non-resident corporate beneficiaries.

In the case of housing, that means it should give way to the public sector in housing policy. If the goal of public policy in a democracy is the general welfare distributing essential goods and services should be on the basis of need, not on the basis of ability to pay.

There should be a right to housing, as a human right.

  1. “Public –private partnerships” are a hoax.

They are a partnership like one between a gladiator and a tiger in a circus, or between a gladiator and a tiger in a Roman circus, or between a hungry lion and a lamb in the wild.

In such a partnership, it is in the private interest to reduce the number and quality of any benefits to workers (to residents, in the case of housing) to the minimum, and increase the costs that government will pay to the maximum. The interest of government is to increase the benefits to the occupants to a reasonable maximum, and to do it by lowering the costs it must cover to provide profits to the private partner to the minimum.

It is a permanent conflict of interest between the partners, where most benefits to one is a cost to the other. (Pure efficiency savings are an exception but are rare; each side will be striving for efficiency in what it does regardless of partnership or not.)

Legally, in a partner, each partner is personally liable for all the debts of the partnership. Hardly the case with public-private “partnerships.” Public-private partnerships are functionally essentially a cowardly way of not raising taxes for a necessary and publicly desired approved purpose.

  1. The current housing system is deeply flawed.

It distributes housing based on wealth, not on need, and requires strategic change, perhaps sectorally focused, but with a vision for the whole.

The housing system as a whole is today distributed on the basis of wealth, not of need, based on its exchange value as a commodity, not as a use value and necessity of life. It benefits the rich much more than the poor, the 1% more than the 99%.

It requires  radical change, including change in the capitalist system of which it is apart,  but only incremental change is politically possible today politically in New York City or on the necessary national level; the power of the real estate industry and the profitability of land speculation are too great. Incremental change needs to be pursued, perhaps best on a sectoral level.[4]

Brad Lander’s efforts on the City Council of New York may be close to the outer limits of what is politically feasible today. Such change should be part of a broader vision of what is fundamentally necessary desired.

If this leads to a pretty basic criticism of the capitalist   system under which we are working today, so be it. Listen to the pronouncement of one hardly vulnerable to being accused of being a socialist. Might it, or an equivalent statement of a general principle, serve as the preamble to any serous proposals even for modest reform?

“”the machinery of the current globalized economy [constitutes] …a system of commercial relations and ownership which is structurally perverse. [where] the limited interests of businesses [and] a questionable economic mindset [take precedence,] an instrumental logic that holds the maximization of profits as its only objective….the principle of the maximization of profits…. reflects a misunderstanding of the concept of the economy.” It results from a “global system where priority tends to be given to speculation and the pursuit of financial gain, which fail to take the context into account, let alone the effect on human dignity and the natural environment. [5]

—————————

 

[1] Expanded from and influenced by a panel discussion on “privatize!” atthe exhibit If You Can’t Afford to Live Here, Mo-o-ve!, in New York City on June  23, 2016.

[2] An expansion of this point will be found at pmarcuse.wordpress.com, Blog #84: Big Business Requires Big Government, Contra Republicans and..

[3] For a discussion of legal aspects, see Peter Marcuse, “Homeownership for Low Income Families,” Land Economics, May 1972.

[4] Blog #60, Towards a Housing Strategy for New York, at pmarcuse.wordpress.com, although from 2014, might also be of interest.

[5] Encyclical Letter, Laudato Si: On Care for Our Common Home, Pope Francis, May 24, 2015.