Blog #124 – Dear Artificial Intelligence


Dear Artificial Intelligence.
On reading economics, thinking Artificial Intelligence might help.
But recalling Faust on self-doubt and Bernie Sanders on winners and losers

Here I sit, a PhD. a retired legal technician,
I’ve had to study the latest economics as if on a mission
I’ve spent hours on the web and can do no more.
Yet here I sit, poor fool, and am no wiser than before,

Maybe artificial intelligence will solve all those problems
I won’t have to go back and read all those volumes
JI can just lie back and let it all sink in
And I will know who will lose and who will win.

Yet if I think about it just as bit more
I’ll realize I actually knew the answer to that before.

To wit the answer is:

The winners will be those that were rich and have all the money,
Whose words were all so persuasive, all dripping with honey
Who only do what their lawyer says the law will allow,
Who sometimes acted quickly and sometime acted slow.
But whether the markets are frozen or runny
Whether the forecasts are cloudy or sunny
The rich always turn out to be winners. Wow isn’t that funny?

And I had to read economics to learn that?
Working hard while others grew fat?
And still not have the power to change it at all?
Maybe Artificial Intelligence will help where the natural fails?
And is better than just flipping a coin and calling heads or tails?

But that doesn’t mean Artificial Intelligence can’t have any good use
Only that what it’s taken to be doing can be seriously misleading
By ignoring whose hand and whose interest is doing its feeding.
Not disclosing who owns its product can lead to dangerous abuse.
Pretending that if something is the result of A.I.,
Without disclosing who’s asking the questions
What stake they have in what the answers are,
Against such practices there should be a bar.

Dear A.I., the problems economics describes seem intractable to me,
The answers, A.I. or no, seem to me nowhere in sight.
I’m not even sure I know which ones are harmful, which ones right.
So A.I., if you’re so smart, please tell me what I should do,
And I’ll go do it, and if it goes wrong, blame the results on you.
Of course if it succeeds, I’ll take the credit for having seen the light.

So remember, Dear Artificial Intelligence,
You may think you’re so smart
But– you and we know you don’t have a heart,
You can’t tell the good from the bad
You don’t know if you’re being used honorably or being had
You may know moral values by their name,
And you may even refer to them without shame
But letting feelings influence your work is for you are a no-no
People are just numbers in some algorithm you have developed.
You can’t tell whether the level of happiness produced is high or is low.
All most of your clients seem to care about is the dough.

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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.

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.

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 #90b – Trump the Businessman in the New Post-Industrial Economy: The Commodification of Luxury


Blog #90b – Trump the Businessman in the New Post-Industrial Economy:  The Commodification of Luxury

[Last pre-election blog — voting now is critical! More afterwards…]

Major economic and social developments in the Deep Real Economy have underlain Trump’s success as a Businessman. In these developments profit is derived not primarily from within industrial production, as in the classic capitalist pattern, but also in the process of its realization in user consumption.[1] The new commodification of luxury consumption in which Trump specializes, and the financialization which he is adept at manipulating, is then justified by a New Deep Story purveying am account justifying his activities

Paul Krugman, in his column in the New York Times, has written that Donald Trump as businessman symbolizes this new class in its most crass form today.

[Donald Trump] is a pure distillation of his party’s modern essence. He had solid [Republican] establishment support until very late in the game. And his views are …very much in his party’s recent tradition.[2]

True, but over-simplified (never mind that distilling today’s Republican establishment into one essence is a task that party’s establishment itself has not succeeded in doing to date). Rather, I would argue, there is a clear difference between the Party establishment‘s  older base in the older industrially-oriented economy and those in the modern economy that Trump  as businessman reflects, the purported billionaire, real estate mogul, restless entrepreneur, competitor and winner in the world of big business. And there is a pretty clear distinction between what moves those in older establishment positions—political party leadership and candidates for office and their divisions – and those affected by that new economy in which Trump the Businessman flourishes.

And it is further necessary to examine what Donald Trump the Campaigner says and does in campaigning for office, which often seems to reflect a nostalgia for the campaign.[1]

 

Paul Krugman, in his column in the New York Times, has written that Donald Trump as businessman symbolizes this new class in its most crass form today.

[Donald Trump] is a pure distillation of his party’s modern essence. He had solid [Republican] establishment support until very late in the game. And his views are …very much in his party’s recent tradition.[2]

True, but over-simplified (never mind that distilling today’s Republican establishment into one essence is a task that party’s establishment itself has not succeeded in doing to date). Rather, I would argue, there is a clear difference between the Party establishment‘s  older base in the older industrially-oriented economy and those in the modern economy that Trump  as businessman reflects, the purported billionaire, real estate mogul, restless entrepreneur, competitor and winner in the world of big business. And there is a pretty clear distinction between what moves those in older establishment positions—political party leadership and candidates for office and their divisions – and those affected by that new economy in which Trump the Businessman flourishes.

And it is further necessary to examine what Donald Trump the Campaigner says and does in campaigning for office, which often seems to reflect a nostalgia for the good old days, when “America was  Great,” before the insecurities of the modern essence. And the three Trumps are fundamentally out of sync.

So the hypothesis here is that Trump the Businessman does indeed reflect the distilled essence of the modern businessperson in a post-industrial more market-based economy and neo-liberal political society, but that Trump the Campaigner appeals to an audience suffering from the transition from the preceding industrially-based society to its present new form, producing an intrusion of populist rhetoric in a presentation that fundamentally serves his business purposes. Therefore the paradoxical contradiction between Trump the Campaigner and Trump the Businessman, a billionaire leading the downtrodden, the ignored, and the insecure.

****

So what does a modern businessperson like Donald Trump do in a post-industrial economy?

In one word: he commodifies everything in sight, focusing on the desire for luxury among the newly rich, profiting handsomely from the process, seeing the wealthy as the market to be targeted, ignoring the consequences to those of lower income.

What did Trump do before he entered the contest for President? He got his start in real estate, doing some building, but less and less himself, rather buying or financing or marketing or reselling or harvesting governmental  subsidies in the development process. He did not himself “produce” anything much material, in the old sense of industrial production; he rather profited from the production of others, often with a global reach, e.g. steel from China. What he added to the work of others was often simply the use of his Brand, the name Trump, sold as denoting luxury, as a separate item in the development process, an item of value in itself.

There is one word which neatly describes the common underlying approach to all Trump’s activities, including real estate development: commodification.

Commodification is a term generally over-loaded with a pejorative meaning, as intended here, but becoming close to jargon in usage. The sense in which it is used here should be clear and critically important. It is a shifting in the value of a product, a resource, or an activity, from its consideration for the direct benefits of its use to its owner to a consideration of what it could be bought and sold for – the treatment of use values solely as exchange values.

Look at Trump’s activities, successful and unsuccessful[3]. The point is not that there aren’t already real commodities involved, e.g. steaks or villas office chairs or golf courses or buildings, (see the listing below). Nor is the argument that Trump has pioneered a business that is centered on exchange values; all commercial activities do that and always have. Nor is it that there are not use values at the beginnings of the chain of transactions in which he is involved: an apartment in Trump Tower or a golf game in Florida are of real use to their possessors. . It is rather that he has involved himself in these activities solely for their exchange value. In his hands they are transformed into commodities valued for their possibilities of exchange, reflected in prices determined by what buyers would be willing to pay for the thing at any given moment.

Dealing in commodities is of course nothing new; it is the life-blood of all commercial transactions. Treating commodities as commodities is what defines them. What is new, in Trump’s activities as a businessman, is turning things into commodities that historically have not been seen as separable commodities—e.g. marketing a brand as such, permitting it use in exchange for money, instead of as an attribute of a particular object or service to which it is attached. . A steak or a perfume or a chair an airplane ride or a golf course is of no greater use because it carries the label “Trump” than if it did not, but its exchange  value is increased by the brand; the brand itself is a commodity. Some goods or services should not be bought and sold for profit: natural spring water, the ability to walk in a natural landscape, the view of a city out a window. Trump has converted things into commodities, goods, products, services, that were not treated as commodities before, things like education, safety, natural resources, human beauty, human worth — things that should be distributed to those in need of them or where they will do the most good, with distribution socially determined, rather than by ability to pay, in a system still with gross inequalities of income and wealth and power.

Trump is not involved in the production of their underlying   use values. What he has added to them, with his name branding, is a valuable certification of its arcane exchange value in the market for luxury in which that item is bought and sold.  Such items may be treated simply as an investment, in which an owner has no interest in putting to use the item itself, to living in the apartment or playing golf on its greens. . A conspicuous personal use of a branded luxury good may also provide the value of social status, with the possibility of top level business contacts for the buyer before its resale – a “use” of the item, indeed, but stretching the meaning of the word rather far.

What Donald Trump essentially commodifies is luxury, luxury buttressing social status and the representation of power, wealth able to produce further wealth . The New York Times summarized his secret: “Strategy: Sell the Name.”[4] And make the name synonymous with luxury, appealing  to those with wealth and power  and happy to impress others with their possession.

Look at the list of Trump’s “assets,” the term used for things treated as commodities:

According to Forbes, the “Definitive Net Worth of Donald Trump” is $3,700,000,0000 (#3.7 billion) [5]  His assets include (hardly a definitive list, not all successful): [6]

The commodification of recreation:

10 golf clubs in the United States alone worth $206,000,000, including:[7]

Trump International Villas and Golf Club in the Grenadines, membership starting at $1,000,000[8]

Trump International Golf Links in Aberdeen, Scotland,

Trump Tower, Tampa, FL

Trump Atlanta

Trump Ocean Resort, Baja

Trump at Cap Cana, Dominican Republic

Trump National golf club, Washington, DC

Trump National golf club, Philadelphia

ALM/Lawyer Invitational golf tournament

Trump Golf Links, Ferry Point

Trump National Golf Club Philadelphia

Trump National golf club, Jupiter, Florida

Trump National golf club, Colts Neck, New Jersey

Trump National golf club, Charlotte

The commodification of luxury in housing

Trump Towers Pune, India

Trump International Realty

Trump Dubai Tower, United Arab Emirates

Trump on the Ocean

Trump Tower Philadelphia

Trump Tower, Batumi, Georgia

The commodification of education

Trump Institute

Trump University

The commodification of luxury in eating

Trump Steaks

Trump Vodka

DJT restaurant

The commodification of beauty.

Miss Universe

The commodification of excess:

New tower at Trump Taj Mahal

The commodification of communication:

The Trump Network

Trump Magazine

Trump Tycoon

Trump Securities, Llc

The commodification of luxury consumer goods

Trump Home

Trump Office Chairs

The commodification of luxury air travel

Trump Airlines.

And, of course, the pure commodification of ambition, hope, yearning. dreaming

The casinos

Mississippi Casino

Trump Taj Mahal Casino Hotel

Trump Plaza Casino

And commodification of exchange value pure and simple, in the commodification of the Brand Trump itself for use independently of what the use of the object to which it is attached may be:

Brand licensing in Brazil

Brand licensing in India

Trump the businessman has become Trump the billionaire through a process of relentless commodification of a luxury level of goods and services that contribute nothing to advance the social welfare of society. Trump the Political Campaigner completely ignores what Trump the Businessman actually does. And Donald Trump  has been surprisingly little challenged on this in the course of the campaign.[9]

And he has been surprisingly little challenged on this in the course of the campaign.campaign.[1]

[9]A recent story in the New York Times by David Barstow on November 5, 2016, is well worth reading. It is headlined “Thin Line Splits Donald Trump’s Politics and Businesses,” and questions whether Trump is using  “his business  prowess in service of the American people,” and focusses on some of the most egregious examples of self-profiting from his “public” endeavors.
Available at  “http://www.nytimes.com/2016/11/06/us/politics/donald-trump-business-tax-records.html

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Blog90c    will examine Trump the Campaigner pursuant to the outline of blog90

[1] David Harvey has recently explicated this argument in these terms.

[2] New York Times , October 10, 2016, p. A21.

[3] Taken largely from the listing at http://www.businessinsider.com/donald-trump-businesses-failures-successes-2016-10/#24-projects-the-times-concluded-didnt-work-out-1

[4] http://www.nytimes.com/2016/10/07/us/politics/donald-trump-business-deals.html?smid=tw-nytpolitics&smtyp=cur&_r=0

[5] http://www.forbes.com/donald-trump/#1cf7d77e790b. Other estimates put it at $4.5. There is little suppot to his oft repeated claims of being worth over $10 billion. http://time.com/money/4443573/donald-trump-is-worth-4-5-billion/  But what difference does $1 or $2 billion make among  friends? http://time.com/money/4443573/donald-trump-is-worth-4-5-billion/

[6] http://www.forbes.com/sites/jenniferwang/2016/09/28/the-definitive-look-at-donald-trumps-wealth-new/#1a1ce98a7e2d, and    http://www.forbes.com/pictures/glil45ikg/from-manhattan-skyscrape/ contains a suggested  itemization of wht is assets are worth.

[7] http://www.forbes.com/donald-trump/#120c581d790b

[8] http://www.itravelmag.com/travel-articles/donald-trump-real-estate-canouan-island-caribbean-2-06/

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Blog90c    will examine Trump the Campaigner pursuant to the outline of blog #90