Blog # 117a – Boss Trump and the Uses of Humiliation


Blog # 117a – Boss Trump and the Uses of Humiliation

The manipulation of emotions and their consequences plays a major role in the politics of power i n America today. The emotion of humiliation is a weapon in the hands of Boss Trump, strengthening is power by undermining the resistance to it. Their victims in the broader society litter the landscape of political action. The search for dignity, which may be seen as the opposite of humiliation, is partly in response to humiliation by its direct and indirect victims.  The causes and consequences of humiliation need to be understood by those opposing its human cost.

Calling Michael Cohen “incompetent” as a lawyer is an obvious example, meant to denigrate him and undercut anything he might say. It’s become  standard practice for Boss Trump to let loose twitters aimed at humiliating critics of any of his policies or positions by name. It leaves his victims with a choice between an ongoing contest with someone with a wide audience and a sharp tongue, or endure the humiliation in a silence that is in itself humiliating in its necessity, the choice that Attorney General Sessions seems to be making.  And humiliating his critics directly has a wider benefit for Trump: those witnessing his humiliation of his critics themselves become intimidated by what they see, and restrain any inclination to join in. That they feel thus constrained is itself internally humiliating, and a further defensive reaction can be to accept Trump’s side of the story and persuading oneself of its correctness, a many seem to be doing vociferously at Trump rallies and in interviews. They thus justify a potentially humiliating exchange with an apparent show of support, joining Trump’s reputed hard core loyal base.

But humiliation plays a broader societal role, a role of which Trump is a beneficiary but not a principal cause. It often produces the clichéd “white working class,” response of those who may be active in the work force but still feel insecure, underpaid, working below their capacity or deserts. It can be expressed as a claim to a lost dignity, a feeling of helplessness in conceding to bosses’ power, a feeling that has often fueled labor unrest, but that can also lead to a form of inhibition in its expression by an attribution of the result by defenders of the status quo to lack of ability,  lack of education, laziness, the victim’s own conduct, own fault. That can be a humiliating perception, and because so widely accepted and so insistently reinforced by those in power like but not limited to Donald Trump and his direct entourage, it is also likely to lead to humilitation inhibiting fighting back.

uch self-blaming, such created humiliation and the inhibition to which it may lead is often reinforced by well-meaning critics of the reality it reflects. When Hilary Clinton spoke of “the deplorables,” when the Harvard grads or the lucky investors or those in securely positioned armchairs who view the passing parade and “don’t understand how anyone can swallow Donald Trump’s lies or condone his behavior,” they can easily be perceived as looking down on their fellows, as being members of an elite not recognizing the lived experience of the less fortunate. If many of the “white working class” are emotionally humiliated in the social structure of society as they experience it, so are many of “the elite” inhibited from questioning those social structures that have produced their own advantages for fear of having to face some humiliating causes.  The elite may find it hard to accord to others less well stationed than themselves the dignity that those others feel they also have a right to demand.

Humiliation can also lead to a variety of emotional responses. Opioid addiction, gang membership, street violence, domestic abuse, can  all be read as distorted reflections of a search for a dignity which prevailing relationships do not provide for their  victims.  An unconscious and inhibited identification with the boss can play a role, a desire to be oneself a boss, to have all that freedom which the real bosses have and which they are often faulted for exercising. Such responses often create difficulties of understanding in well-meaning efforts to address their causes

Conclusion: If humiliation is a widespread and debilitating emotion, its existence is not an inherent aspect of human nature. If there is humiliation, there are humilitationees and humilitationors.

When Trump humiliates anyone, what he is doing can be explicitly labeled and condemn as such, without long arguments about who’s right and who’s right in the dispute. Boss Trump can be challenged for simply acting like a bad boss, and who likes a bad boss, even if they’re right every now and then. And if those who are being deprived of their dignity by a bad boss or his lackeys, what is going on can be pointed out without reinforcing it by another form of humiliation in how it is pointed out as a necessary lesson the more well-off need to teach their less understanding others. .

  My thanks to Don Bushnell and Thomas Scheff for the provocation that lead to these thoughts                                                                .          They should not be blamed for the result.

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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 #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

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 #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 #94 – In What Ways is the Electoral College Illegitimate Today?


Blog#94 – In What Ways is the Electoral College Illegitimate Today?
The Electoral College itself is illegitimate and vitiates a key principle of constitutional law: “one person, one vote,” grounded in part on the Equal Protection clause of the Fourteenth Amendment and arguably underlying the Fifteenth Amendment as well.[1]

Trump lost the 2016 election by a popular vote. He only won the Presidency because of the distortions of the Electoral College. The Electoral College distorts election results, and violates the principle of one-person one – vote, in the following ways:

1. Voting in the Electoral College is by states, not by counting individual votes. The number of votes a state has does not reflect the choices of its voters, but is skewed in favor of smaller states, who have three votes (paralleling the number of Senators and the minimum of one Representative each state has), and is thus skewed in favor voters in smaller states.
2. Voting in the Electoral College is by states, not by counting individual votes. In each state, all its electoral votes are cast in favor of the party with the majority of votes, and the votes of any member of the minority party in that state are disregarded, and without influence in the national result. It’s winner take all in the Electoral College vote count, which means losers’ votes don’t count at all.[2]
3. The Electoral College was provided for in the Constitution by the framers as a compromise with the interests of the slave -holding states, and with intent to insert a buffer between a popular vote and a theoretically more deliberative small body, out of an open fear of direct democracy.
4. The numbers show that the net effect of the Electoral College procedure is to give the vote of each African-American and Hispanic citizen in each state significantly less weight in the final election result compared to the vote of each of the majority white citizens. The votes of Trump voters counted more, per person, than the votes of Clinton voters.
5. The Fifteenth Amendment, passed during Reconstruction, may well be considered to void this Electoral College arrangement, opening up to questions of the legitimacy of its results in 2016.

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[1.] See http://www.theconstitutionproject.com/portfolio/one-person-one-vote/; “
An examination of the Supreme Court’s dilemmas and tensions as it stepped into the “political thicket” of voting and representational equality, establishing the practice of what has become a core American principle: “One person, one vote.” It has the echo of a core American belief. It rings with the same distinctively American clarion call for equality and individual empowerment that reaches back through the ages to the nation’s founding: “…of the people, by the people, for the people”, “All men are created equal” S But it wasn’t until 1963 that “One person, one vote” became a widely articulated core principle of the Constitution when it was first spoken by Chief Justice Earl Warren’s Supreme Court.”
[2.] “For example, Blacks constitute about 36 percent of the Mississippi electorate, the highest Black voter percentage in any state in the country. About 90 percent voted for Clinton. But whites are 64 percent of the state’s votes, and about 90 percent of those chose Trump. Trump therefore handily won 58 percent of the state’s total vote and all [100 percent] of its Electoral College votes. In 2016, as for decades, the Electoral College result was the same as if Blacks in all the southern states except Virginia and Maryland had not votes at all.” Bob Wing and Bill Fletcher Jr., “Rigged, The Electoral College,” Z Magazine, January 2017, p. 2.