A Really Bad Representative Democracy

Representative DemocracyI’m not sure if it is the state of politics or the state of my mind, but I am trying to avoid politics. It is so depressing for reasons that are more implicit in my writing than explicit. But let me see if I can make it more explicit here. At one time, politics was almost exclusively retail. That doesn’t mean it was good. To a large extent, that just meant that so few people qualified as voters that any given politician didn’t have to work all that hard to have actual interactions with the voters.

But I still think that the size of the electorate does matter. This is why I have long been for greatly increasing the size of the House of Representatives. And it turns out, there is a group that believes this same thing, Thirty-Thousand. They note that, “The framers of the Constitution and the Bill of Rights intended that the total population of Congressional districts never exceed 50 to 60 thousand. Currently, the average population size of the districts is nearly 700,000 and, consequently, the principle of proportionally equitable representation has been abandoned.” I don’t know just how accurate this is, but the idea is basically correct. The fewer people a politician represents, the more accountable he is.

Then we have the Senate, an anti-democratic compromise. When the United States was formed, the largest state (Virginia) had about twenty times the population of the smallest state (Tennessee, which was growing—fast). Now the largest state (California) has about 70 times the population of the smallest state (Wyoming—smaller than a California Congressional District). And that actually understates the problem because we have a whole bunch of little states now and a couple of really big ones. The 9 (18%) most populous states have more people than the 41 least populous states. In 1790, the 5 (30%) most populous states had more people than the 12 least populous. And things were improving because the new states like Tennessee and Kentucky grew rapidly after becoming states. We have the opposite now as people want to move to the two biggest states California and Texas.

So even under the best of circumstances, we do not have much of a representative democracy. But I suspect we could limp along with this. The real problem here is that politics is no longer retail. Let’s look at the 2012 California Proposition 37. It required that GMO products be labeled as such. As you probably know, I don’t really care about this issue. But what matters is that the measure was logical and it was hugely popular. And then Monsanto came in, spent millions of dollars on ads that showed small farmers who claimed that the law would put them out of business and the measure went down to defeat.

This sort of thing could never happen in a small community. For one thing, everyone would know who would be affected and how. But the ads that the GMO industry ran were total distortions. And they worked! And the truth is that when you have huge elections, people with money can distort if not destroy democracy. And I’ve seen little but that my entire life.

Don’t get me wrong: I’m not saying that local government is so great. I’m not making some kind of libertarian argument about only having local government. For one thing, if this can happen at the state level, it can happen at any level in the modern world. Even if Proposition 37 had been just for Sonoma County where I live, it wouldn’t have mattered. I don’t know any farmers and I don’t know anyone who knows any farmers. So unless we are going to go back to an agrarian economy that hasn’t existed since the 18th century, we are going to have this problem. (And libertarians are disingenuous when they claim that local control is better; they are just trying to destroy government piecemeal.)

Anyway, this is why each day I dread even reading about politics. That’s not to say that I don’t still do it obsessively. But even if our political trajectory is positive, it is only barely so. And it will take decades to repair the damage done by the last four.

Faith in Experts Is More Rational Than Faith that Experts Are Wrong

Climate Change Is a HoaxI should know better than to ever even look at a post on Google+ about global warming. The reason is that I always look at the comments and it makes me very angry. I don’t especially care what people think, but from top to bottom, the denial community is rotten. You have the lowest of the low: people who just know that global warming is a crock because Fox News told them Al Gore made a lot of money off it. There is nothing to be said to these people; their belief is a kind of religious faith. But I find the more polished of the denialists most exhausting. I ran into one today.

He made a point I make quite often here: most people who accept global warming are just as faith based as those who deny it. Absolutely true. I’ve long since gotten over being shocked at just how ignorant many liberals are on the subject. But there is a big difference between deciding that you are just going to accept what the experts say and deciding you are in any position to just dismiss what the experts say.

I don’t know how many times conservatives have given me the Al Gore canard. They somehow think that only Al Gore and a couple of other popular figures have anything to gain by discussing global warming. The fact that fossil fuel companies have billions of dollars per year at stake isn’t ever mentioned. And when this fact is pointed out, they dismiss it because we all know that corporations would never lie to us. Except, of course, we don’t know that because it isn’t true.

We actually have recent experience with this. For decades, the cigarette companies trotted out their cherry picked studies to tell the world that smoking did not cause cancer. There is nothing different here. Corporations have no interest whatsoever in the safety of humanity generally. It is all about next quarter’s profits and the bonuses that the top executives will get. But does this sway the denialists? Of course not! Because they know it is a conspiracy because they’ve heard of Climategate and don’t know the first thing about the difficulties of getting temperature records from tree rings.

What really bugs me about all of this is that in their regular lives, all of these deniers do what liberals do when it comes to global warm. They don’t know how the plumbing in their houses work, so when there is a real problem, they call an expert: a plumber. When they crash their cars, they take them to an auto body shop. But when it comes to global warming, they listen to the oil companies who have an overwhelming conflict of interest.

So liberals look to people like me, who actually do understand the science. And I actually have some credibility here because two decades ago when I was working in the field, I was highly skeptical. But the data got better. The models got better. And the climate got worse. All of this made me change my thinking. But the conservative movement in this country has taken the opposite course: as the science has gotten more certain, they have become more certain that there is nothing at all to worry about. And unlike with smoking, their denial is going to hurt all of us.

See Also

More Republican Delay on Global Warming
Charles Krauthammer Doesn’t Know Science
Why Conservatives Ignore Global Warming
The Global Cooling Myth
If Global Warming’s Real Why Is It Cold?
It’s Raining, But Not for Long
Global Warming and Budget Analogy
Pretend Scientist Fred Singer
A Really Big Problem
And many more…

Most Racists Are Good People

Ian Heney LopezIn Namibia, then under South African control and also an apartheid state, the towns were widely spaced in a desert of sere geologic beauty. A farmer who gave me a lift lived some hundred-plus kilometers outside of the next town, but recognizing that there would be little traffic and so virtually no chance that I could secure an onward ride, he drove on past his homestead in the fading sunlight. This generous act added hours of needless driving to an already long day for the farmer. As we got close to town, though, he apologized and explained he would have to drop me off several hundred meters from the outskirts. He had killed a “kaffir”—the local equivalent of “nigger”—for poaching, and the constable had asked him to stay out of town for a few weeks until pressure for his arrest subsided. I was stunned speechless. Then the routines of normal etiquette kicked in and carried me through a ritual of thanks, goodbye, good luck with your travels.

Like most, I have been conditioned to think of racism as hatred, and racists as pathologically disturbed individuals. To be sure, sadistic racists exist, and racism is frequently bound up with the emotional heat of fear and hatred. But as I began to intuit while hitchhiking through the landscape of apartheid, most racists are good people. That bears emphasizing, since it runs so profoundly contrary to the dominant conception. Even the farmer who killed another human being for the petty act of poaching, I came to understand, was not a homicidal lunatic but a complex person capable of both brutal violence and real generosity.

—Ian Haney Lopez
Dog Whistle Politics

Modern Racism

Modern RacismI have been reading Ian Haney Lopez’s excellent Dog Whistle Politics. You should expect a quote and a review of sorts coming in the next few days. But I want to talk about the issue of racism in a more general sense. The truth is that I’m feeling a bit full of myself reading the book, because what he argues in great depth with an amazing amount of documentation is what I’ve been writing about here a lot—especially recently. Racism ain’t what it used to be, and more to the point, racism has never been what it used to be.

More and more, I’m exasperated at people who freak out when someone makes a racial slur. And sometimes these things are just a question of ignorance and don’t necessarily show any racism at all. I especially feel that when someone makes the mistake of talking about the “Jewish lobby” as opposed to the “Israel lobby.” Does this mean the speaker is antisemitic? Not this alone, that’s for sure. Israel is the only explicitly Jewish nation on the earth. It’s an easy mistake to make, but it’s come to mean a lot to people when it usually doesn’t. To me, the word “Zionism” throws up red flags, unless someone is explicitly talking about the history of Israel; when the word is used in a global sense, it is almost always antisemitic.

Regardless, all this focus on the words people use strikes me a way for public discourse to deny modern racism. The truth is that if some racist uses the n-word commonly in public, he’s going to be shunned by most people, and marginalized. That’s great. But when we are talking about politics, this kind of person doesn’t matter. What does matter is that David Duke can put away his Ku Klux Klan robes, not use any of the forbidden words, and fit easily within the Republican Party. And that brings us to Lee Atwater.

Atwater, of course, was the man who used Willie Horton so effectively for Bush the Elder against Michael Dukakis in 1988. And he is the man who explained how racism changes over time. He said (and I know most of you know the quote):

You start out in 1954 by saying, “Nigger, nigger, nigger.” By 1968 you can’t say “nigger”—that hurts you. Backfires. So you say stuff like forced busing, states’ rights and all that stuff. You’re getting so abstract now, you’re talking about cutting taxes, and all these things you’re talking about are totally economic things and a byproduct of them is: blacks get hurt worse than whites. And subconsciously maybe that is part of it. I’m not saying that. But I’m saying that if it is getting that abstract, and that coded, that we are doing away with the racial problem one way or the other. You follow me—because obviously sitting around saying, “We want to cut this,” is much more abstract than even the busing thing, and a hell of a lot more abstract than “Nigger, nigger.”

That’s why a couple of times I’ve gone ballistic on David Weigel, most notably in, Dave Weigel’s Racist Apologetics. The point is that politicians like Paul Ryan say things that are the newest form of racism, and Weigel is there to say, “No!” Because that’s what is so great about modern racism: you can always claim that you aren’t actually being racist.

But here’s the key: this has always been the case. When there were literacy tests, they were given with a nod and wink. The people promoting them would say, “This isn’t about race! This is just making sure that only ‘educated’ people vote.” And there were plenty of people who took that argument seriously at the time. But now, it retrospect, everyone sees it for the racist policy that it was. And people make the same kind of case about statements regarding young men in the inner city, but in another 40 years, that too will be seen as clearly racist as if the n-word had been used. And lest you think I’m reaching, what are Voter ID laws if not a new kind of poll tax? And Paul Ryan supports Voter ID laws.

David Weigel is not the problem, however. The problem is everywhere in the media. And this is why the media go crazy when someone uses an explicit racial slur. It doesn’t just indicate that there are still good old fashioned racists out there, it damages the pretense that we are post-racial. But it’s one big fiction. Racism still exists—it will probably always exist. And if Paul Ryan’s budget ever became the law of the land, it would have gotten popular support not because people were saying, “Let’s get those darkies off welfare!” It would have gotten popular support because in the minds of even many people who would be harmed by the budget (and not necessarily consciously), it was those minorities who were disproportionately being harmed. “And a byproduct of them is: blacks get hurt worse than white.”

That’s modern racism and that’s what we should be talking about. But instead, we go out of our way to deny it. And history will not look back fondly on us.

Open Debate, Rula Jebreal, and MSNBC

Rula JebrealYou know my general feelings about MSNBC. It has become too much of a mouthpiece of the Democratic Party. And like the Democratic Party, it lacks backbone and shows no loyalty whatsoever. This was clear when they fired Alec Baldwin, whose show wasn’t all that good anyway, but it was certainly better than Lockup that it replaced and was replaced by. Then there was the totally unacceptable firing of Martin Bashir. The network has the same non-offensive air that many people hate about the Democratic Party. It is also the reason that politicians like Ted Kennedy and Alan Grayson stand out.

Well, it would seem that MSNBC does have a backbone after all. It is just the backbone of top management and what they really care about. This was totally on display with the firing of MSNBC commentator Rula Jebreal. Her firing was the result of attacking the network’s biased coverage of the Israel-Palestine conflict. What’s shocking is that she said it on Ronan Farrow’s show—who would have known anyone actually watches that show? This immediately caused her booked appearances on a number of upcoming shows to be canceled.

Max Blumenthal at AlterNet has all the details, “Witch Hunt”: Fired MSNBC Contributor Speaks Out on Suppression of Israel-Palestine Debate. Jebreal said that she has been complaining in private to the network for the last two years with no change. What she said on the air was not different than what she has been saying privately. Blumenthal continued:

An NBC producer speaking on condition of anonymity confirmed Jebreal’s account, describing to me a top-down intimidation campaign aimed at presenting an Israeli-centric view of the attack on the Gaza Strip. The NBC producer told me that MSNBC President Phil Griffin and NBC executives are micromanaging coverage of the crisis, closely monitoring contributors’ social media accounts and engaging in a “witch hunt” against anyone who strays from the official line.

When Chris Hayes had her on to discuss the firing, he did not do himself proud. He defended the network and said that of course it was going to protect its “stars.” This is in reference to Jebreal specifically mentioning Andrea Mitchell. But as Blumenthal noted, “MSNBC Morning Joe co-host Joe Scarborough has publicly attacked fellow MSNBC hosts and slammed the network for its support for the Democratic Party.” Of course, I’m sure that gold ol’ Joe speaks for the top management at MSNBC. They have a quasi-liberal network because there is an audience for it; it doesn’t make them liberal. And clearly Rula Jebreal got too far outside their comfort zone.

My experience with MSNBC’s recent coverage of the Israel-Palestine conflict is that at its best, it is even handed. It’s usual coverage is highly biased toward Israel. What’s especially terrible about this coverage, however, is that it is better than the networks, not to mention Fox News. What is considered balanced coverage in America is that this all started with some extremists kidnapping three Israeli kids and killing them. This eventually led to Hamas firing rocks into Israel, who had to respond and ain’t it sad that so many Palestinians are getting killed. So the start of the narrative is arbitrary and picked to favor Israel. And in a horrific irony, the people who killed those kids either did it hoping for financial gain and not as a political act (and thus weren’t extremists but just criminals), or did it as a political act hoping it would lead to what is happening right now.

Regardless of any of this, the firing of Jebreal shows a fundamental weakness in MSNBC. She was a commentator, not a reporter or an anchor. She’s supposed to have opinions. And she’s the only one that was willing to voice this particular opinion. It was a great opportunity to address the issue. But MSNBC, because it is both timid and disloyal, just shut down the conversation. But if you want good coverage on just about anything, but especially the Israel-Palestine conflict, you should be watching Al Jazeera America.


See also: Dehumanizing Iranians and Jews.

Let’s All Laugh With Curt Clawson!

Curt ClawsonI have a soft spot for losers and comically idiotic people. That’s especially true when they are blissfully unaware of what they are doing and when what they are doing is in no way mean. And so, I do not present Representative Curt Clawson to laugh at but rather with. But laugh you should, because this is like something straight out of Monty Python.

Clawson just got into the House, having replaced Trey Radel who was forced to resign because he was arrested for cocaine possession. Now he’s a Tea Party guy, and a businessman who I’m sure will tell you, “I did build that!” And I’m sure in the future I will have many bad things to say about him because he probably does hold the vilest of opinions. But yesterday, there he was, the newest person on the House Foreign Affairs Committee. And testifying before him were Nisha Biswal from the State Department and Arun Kumar from the Commerce Department. But Clawson was confused; he thought they were representatives from India.

Now, it is true that they are both Indian-Americans. Indeed Kumar clearly was not born in this country. But Biswal just as clearly was, based upon her casual American accent. But Clawson was actually very sweet. He waxed about how much he loved India. According to John Hudson of Foreign Policy, “During the hearing, he repeatedly touted his deep knowledge of the Indian subcontinent and his favorite Bollywood movies.” I just want to hug him!

The interesting thing though, is that no one contradicted him. But when the ranking Democrat, Eliot Engel, got to speak, he pointedly said to the two administration officials, “Thank you both for your service to our country, it’s very much appreciated.” But the best part is when Clawson asked Biswal if India would be as open to capital flows as the US is to capital from from them. She responded, “I think your question is to the Indian government. We certainly share your sentiment, and we certainly will advocate that on behalf of the US.” Clawson was not at all moved from his delusion. He smiled and said, “Okay, we’ll see some progress!”

There is, of course, the possibility that he’s drunk. He certainly looks it. I don’t mean really drunk, but just far enough gone that the world seems like a damned fine place. And if he was drunk, I don’t think it takes away from the beauty of the moment. (If you don’t know what I mean, watch this skit from That Mitchel and Webb Look, The Inebriati.)

More seriously, however, it does show just how clueless rich people are. They so cut themselves off from the rest of the nation, they don’t know that it isn’t 1820 anymore. It reminds me of an episode of the television show MASH where some tribunal is taking place and the judge says to the prosecuting officer who is African American, “But first: a song!” The judge is so out of it that he thinks the officer is a minstrel.

Today, Clawson released a statement apologizing, “I made a mistake in speaking before being fully briefed and I apologize. I’m a quick study, but in this case I shot an air ball.” Clawson played basketball at Purdue University from 1981 to 1984. Go Boilermakers!


H/T: Ed Kilgore

Guaranteed Minimum Income

Dylan MatthewsAs regular readers know, I idealize economist Dean Baker. But there is one issue that I have a frustrating disagreement with him. He argues that technological advances will make the economy better for everyone. This is true if you assume that the increased productivity that is brought about by these advances will be somewhat equally shared. Baker, of course, knows that they won’t. But he’s committed to making the argument that the problem is not the technology but the government policy (such as patents but also taxes and an almost endless list of other things) of taking or keeping money from the poor and giving it to the rich.

He is absolutely right about this. My frustration comes from the fact that he constantly attacks those that note that increases in technology are putting people out of work and making the lives of the poor even worse. The technology will continue to improve. Nothing is going to stop that and we can all be glad for that. But the fact remains that in the existing political-economic system, this is making things worse. And an end to patent protections won’t even begin to deal with the problem.

Another solution he’s fond of is work sharing. This is where, instead of laying people off in a recession, a company just cuts back on everyone’s hours and the government makes up the difference in pay. This seems to work rather well in Germany. In the United States, it has always been suffocated with so much red tape that companies rarely use it even when it is available. Regardless, it too isn’t going to solve our problem.

This has lead me to be in favor of something that Baker never talks about: guaranteed minimum income. And although I think Baker would be in favor of it, I think he also would consider it pie-in-the-sky and Loser Liberalism. But I was very pleased to see that Dylan Matthews over at Vox is taking the idea very seriously, A guaranteed Income for Every American Would Eliminate Poverty—and it Wouldn’t Destroy the Economy.

Pascal-Emmanuel GobryUnfortunately, the article is mostly just a response to Pascal-Emmanuel Gobry. And his argument is just that a negative income tax wouldn’t work because in the hand full of small tests, people didn’t work as many hours. Matthews responded with two main points. First, it wasn’t even true in all the tests. Second, the “not working as much” was basically just people staying unemployed slightly longer so they could get better jobs. Gobry seems to think that if everyone were guaranteed $5,000 per year, they would all stop working because, wow, with $5,000 per year, you’re riding high! Gobry is known for making big proclamation based upon nothing. And note what he’s actually saying here: giving workers more choices is a bad thing.

Matthews big point is that a guaranteed minimum income would not actually cost the economy that much: between 5% and 15% of GDP. Of course, it would mean that rich people would not be quite as rich and, let’s face it, they don’t need people like Gobry to stop this from ever happening. But the truth is that an end to poverty is available right now, and we don’t need any of Paul Ryan’s new bag of tricks to do it.

Matthews also made the point that people working less is not necessarily a bad thing. Let me take that further: people working less is the point of productivity growth. This idea that paid work is the only thing of value in the economy is madness. What especially makes me angry is that social conservatives should be in favor of this. Providing a guaranteed minimum income would necessarily mean that employers would have to pay people more because they could get a basic income by doing nothing. People making more money would allow, for example, one member of a marriage to stay home, manage the house, and raise the children. That’s a good thing!

Also, much of the greatest art and science ever created was done so by people who (because of the circumstances of their birth) had some kind of basic income. This is why advances in art and science have not traditionally been made by plucky youths born into poverty, even though there have always been a whole lot more of them. Gobry, like all conservatives, only ever wants to look at the down side of such policies. I think fathers and mothers being able to spend more time with there kids would be a great improvement. I think more great artists and scientists and thinkers would be a great improvement. Of course, so do conservatives. They simply aren’t willing to stop their immoral shifting of money from the vast majority of people to those who already have far more money than they can ever productively use.

Hazlitt on Henry V

William HazlittHenry V is a very favorite monarch with the English nation, and he appears to have been also a favorite with Shakespeare, who labors hard to apologize for the actions of the king, by showing us the character of the man, as “the king of good fellows.” He scarcely deserves this honor. He was fond of war and low company:—we know little else of him. He was careless, dissolute, and ambitious—idle, or doing mischief. In private, he seemed to have no idea of the common decencies of life, which he subjected to a kind of regal license; in public affairs, he seemed to have no idea of any rule of right or wrong, but brute force, glossed over with a little religious hypocrisy and archiepiscopal advice. His principles did not change with his situation and professions. His adventure on Gadshill was a prelude to the affair of Agincourt, only a bloodless one; Falstaff was a puny prompter of violence and outrage, compared with the pious and politic Archbishop of Canterbury, who gave the king carte blanche, in a genealogical tree of his family, to rob and murder in circles of latitude and longitude abroad—to save the possessions of the Church at home. This appears in the speeches in Shakespeare, where the hidden motives that actuate princes and their advisers in war and policy are better laid open than in speeches from the throne or woolsack. Henry, because he did not know how to govern his own kingdom, determined to make war upon his neighbors. Because his own title to the crown was doubtful, he laid claim to that of France. Because he did not know how to exercise the enormous power, which had just dropped into his hands, to any one good purpose, he immediately undertook (a cheap and obvious resource of sovereignty) to do all the mischief he could. Even if absolute monarchs had the wit to find out objects of laudable ambition, they could only “plume up their wills” in adhering to the more sacred formula of the royal prerogative, “the right divine of kings to govern wrong,” because will is only then triumphant when it is opposed to the will of others, because the pride of power is only then shown, not when it consults the rights and interests of others, but when it insults and tramples on all justice and all humanity. Henry declares his resolution ‘when France is his, to bend it to his awe, or break it all to pieces’—a resolution worthy of a conqueror, to destroy all that he cannot enslave; and what adds to the joke, he lays all the blame of the consequences of his ambition on those who will not submit tamely to his tyranny. Such is the history of kingly power, from the beginning to the end of the world—with this difference, that the object of war formerly, when the people adhered to their allegiance, was to depose kings; the object latterly, since the people swerved from their allegiance, has been to restore kings, and to make common cause against mankind. The object of our late invasion and conquest of France was to restore the legitimate monarch, the descendant of Hugh Capet, to the throne: Henry V in his time made war on and deposed the descendant of this very Hugh Capet, on the plea that he was a usurper and illegitimate. What would the great modern catspaw of legitimacy and restorer of divine right have said to the claim of Henry and the title of the descendants of Hugh Capet? Henry V, it is true, was a hero, a king of England, and the conqueror of the king of France. Yet we feel little love or admiration for him. He was a hero, that is, he was ready to sacrifice his own life for the pleasure of destroying thousands of other lives: he was a king of England, but not a constitutional one, and we only like kings according to the law; lastly, he was a conqueror of the French king, and for this we dislike him less than if he had conquered the French people. How then do we like him? We like him in the play. There he is a very amiable monster, a very splendid pageant. As we like to gaze at a panther or a young lion in their cages in the Tower, and catch a pleasing horror from their glistening eyes, their velvet paws, and dreadless roar, so we take a very romantic, heroic, patriotic, and poetical delight in the boasts and feats of our younger Harry, as they appear on the stage and are confined to lines of ten syllables; where no blood follows the stroke that wounds our ears, where no harvest bends beneath horses’ hoofs, no city flames, no little child is butchered, no dead men’s bodies are found piled on heaps and festering the next morning—in the orchestra!

—William Hazlitt
Characters of Shakespeare’s Plays

Republican Abuse of Representative Democratic Norms Has Made Them Impotent

Ted CruzIf it weren’t for all the pain and suffering they cause, I would love the Republican Party. But I wouldn’t love them they way I love Iago in Othello or Richard III in, well, Richard III. Because they are both brilliant in their evilness. Instead, the Republican Party is more like Cosmo Lavish in Terry Pratchett’s Making Money. He is the evil subgenius whose machinations fail completely because he greatly underestimates his adversaries and greatly overestimates himself. This isn’t to say that Lavish didn’t have his victories, but in the end, he lost and went insane to boot. As I discussed earlier this week in Pessimistic Conservatives, conservatism constantly loses as long as civilization doesn’t collapse. And, just in case you haven’t been paying attention, the Republican Party is insane.

Let us consider the filibuster for a moment. For decades people of all political persuasions used this drastic legislative tool quite selectively. And then in the 1970s, it started to get out hand. And from there, basically every time the Republicans were in the minority, its use went up. I’m not saying that the Democrats’ hands are clean on this. But it is pretty much true, Republicans Caused All Filibuster Abuse. And it got so out of hand during the Obama administration that Harry Reid really had no choice but to get rid of it.

Actually, the filibuster didn’t go away; it is just that it only takes a majority to end one now, so it doesn’t take a supermajority to get Obama’s moderate judges confirmed. So what did the Republicans, those evil subgeniuses, do? Well, they simply filibuster every judicial nomination. So instead of the filibuster being a tool for individual senators to use to at least create some news and slow down an appointment, it is simply used as a standard procedure to slow down the entire governing process. The case is slightly less strict with executive branch nominations, but it is still largely true that the Republicans just slow down the nomination process by default.

This leads us to everyone’s favorite Republican subgenius, Ted Cruz. (Okay, maybe it’s a tie with Rand Paul.) As you may have heard, the FAA has banned American airline flights into Israel, because, as you may also have heard, they are at war. Now, the obvious explanation for this is that since Israel is at war, it is best not to fly commercial airplanes there. But if you are an evil subgenius, you know the real reason: it is because Obama is trying to destroy Israel’s tourism industry! So Cruz has decided that he will put a hold on all State Department nominees. Now imagine him laughing maniacally.

The problem, of course, is that it doesn’t matter. Jonathan Bernstein summed it up well in an article today, Ted Cruz Renders Himself Impotent. As he summed it up:

The upshot, as I’ve said before, is that the Republicans’ collective decision to “punish” majority leader Harry Reid by delaying all nominations also has the effect of depriving individual Republicans of any leverage over individual nominations. Consequently, what Reid must do to overcome Cruz’s holds is pretty much what he does regardless.

The Republicans long ago decided that they were going to throw out all the norms of representative democracy and use every technicality they could to their advantage. But all that’s done is make the government not work as well. When punishment because de rigueur, it also becomes useless.

The Extinct Pride of California

California State FlagA fairly common thing for college students to do is to write parody lyrics to the fight song of a rival. Just such a thing was done by some creative student or students at Stanford University with the Berkeley fight song. It goes:

That poor old Golden Bear
It’s losing all its hair
It’s teeth are out
It’s got the gout
It don’t know what it’s all about!

If only it were doing that well!

The bear in question is the California Grizzly (Brown) Bear , which is also known as the California Golden Bear. It is the mascot of the University of California, Berkeley. But it is also the symbol for the whole state. It is on our state flag, and was on the California flag even before it became a state in 1850. But within 75 years of statehood, the subspecies had been hunted to extinction. A lot of that was understandable: the bear was very dangerous to humans and their farming operations. It was also a food supply. But much of it wasn’t understandable, as in the once popular sport of grizzly bear versus bull fights. (Sadly, I’m sure there are many Californians who would enjoy watching such events today.)

The California Black Bear, on the other hand is doing just fine. But it is a much more adaptable animal. It is also a small bear. The largest California grizzly bears weigh well over a ton—arguably the largest of the brown bear species. Typically the California Black Bear weights one-tenth that. And the largest black bear of any subspecies ever was barely one-third the size of the largest California Grizzlies.

I’m not suggesting that the size of an animal is that big a deal. I’m rather fond of those cocky little smooth-coated otters myself. But clearly, we Californians put the California Grizzly Bear on our flag because it was big and strong. And then we proceeded to hunt it to extinction. I think we should add one of those red circles with a line through it to our flag.

New California State Flag

Truth in advertising.

Watchlist Is Government Wishlist

Watchlisting GuidanceJeremy Scahill and Ryan Devereaux have just written a very scary article, Blacklisted: the Secret Government Rulebook for Labeling You a Terrorist. Basically, it documents that it doesn’t take much of anything for the government to label you a terrorist. Being associated with someone who the government suspects of being a terrorist can be enough. But the problem really isn’t how broad a net the government is casting. It is how vague a net it is casting.

The problem here is that this is how the Soviet Union worked. Basically everyone there was guilty of multiple crimes against the state. You couldn’t really get through life without doing things that were technically wrong but which everyone did. And it was just fine—as long as you didn’t bother anyone in power. Once you did that, then you were screwed. The law came down on you hard. I’m not suggesting that this is the case in the United States, but it is certain that we are moving in that direction, and have been for at least a century.

One line from the article really got to me, “They also define as terrorism any act that is ‘dangerous’ to property and intended to influence government policy through intimidation.” It is the second part of that sentence that really bothers me. The reason is that I kind of agree that intimidation is a form of terrorism. Remember when Sharron Angle said, “I’m hoping that we’re not getting to Second Amendment remedies. I hope the vote will be the cure for the Harry Reid problems.” That was intimidation: elect me or there will be armed revolt. Remember when Ted Nugent said, “If Barack Obama becomes the president in November, again, I will be either be dead or in jail by this time next year.” That was intimidation: if Obama wins re-election, I will try to kill him. Remember when Sarah Palin tweeted, “Don’t Retreat, Instead – RELOAD!”? That was intimidation. Do you want more? Media Matters provided a small list in, Conservative Media Figures Have History of Violent Rhetoric.

But you know you will never see Sharron Angle or Ted Nugent or Sarah Palin labeled a terrorist. The biggest reason is that they are part of the power elite and so are effectively untouchable. But it is also that they are on the right wing. The government has a history of being more worried about non-violent peace protesters than the Second Amendment brigade. (And maybe they should be; I think most of the Second Amendment shouters are actually cowards.) So you can depend upon whatever rules the government comes up with to be used against anyone working for change that the power elite doesn’t want.

Consider this wonderful sentence from the rule book, “Although irrefutable evidence or concrete facts are not necessary, to be reasonable, suspicion should be as clear and as fully developed as circumstances permit.” In a strictly legal sense, I think this means that someone can be reasonably suspected of being a terrorist just because someone wants them to be. Given that I am not only not a terrorist, but a person committed to nonviolence, the circumstances would not permit any evidence being obtained to suspect me of terrorism. Therefore, the government ought to be able to label me as a suspected terrorist with no evidence at all. They won’t, of course; I’m no threat to the power elite. But this kind of wide open legalistic rule book for labeling terrorists is already being misused and will only be misused more in the future.

You question me? Read:

The system has been criticized for years. In 2004, [Senator] Ted Kennedy complained that he was barred from boarding flights on five separate occasions because his name resembled the alias of a suspected terrorist. Two years later, CBS News obtained a copy of the no fly list and reported that it included Bolivian president Evo Morales and Lebanese parliament head Nabih Berri.

Evo Morales is not terrorist, but he is a leftist, which appears to be close enough. And while Nabih Berri is a conservative, he’s also Lebanese. Need I say more?

If this all sounds like I’ve lost my mind, go read the whole article. It’s even worse than I’m making it out. The “Watchlisting Guidance” document should be called the “Wishlisting Guidance” document, because it pretty much allows the government to target anyone they want for any reason they want. But I don’t suppose that comes as a shock to any of my readers. To give you an idea, let me quote from the end of the article at length. While you’re reading it, ask yourself if it doesn’t sound like something out of a Kafka novel:

The government has been widely criticized for making it impossible for people to know why they have been placed on a watchlist, and for making it nearly impossible to get off. The guidelines bluntly state that “the general policy of the US Government is to neither confirm nor deny an individual’s watchlist status.” But the courts have taken exception to the official silence and footdragging: In June, a federal judge described the government’s secretive removal process as unconstitutional and “wholly ineffective.”

The difficulty of getting off the list is highlighted by a passage in the guidelines stating that an individual can be kept on the watchlist, or even placed onto the watchlist, despite being acquitted of a terrorism-related crime. The rulebook justifies this by noting that conviction in US courts requires evidence beyond a reasonable doubt, whereas watchlisting requires only a reasonable suspicion. Once suspicion is raised, even a jury’s verdict cannot erase it.

Not even death provides a guarantee of getting off the list. The guidelines say the names of dead people will stay on the list if there is reason to believe the deceased’s identity may be used by a suspected terrorist—which the National Counterterrorism Center calls a “demonstrated terrorist tactic.” In fact, for the same reason, the rules permit the deceased spouses of suspected terrorists to be placed onto the list after they have died.

For the living, the process of getting off the watchlist is simple yet opaque. A complaint can be filed through the Department of Homeland Security Traveler Redress Inquiry Program, which launches an internal review that is not subject to oversight by any court or entity outside the counterterrorism community. The review can result in removal from a watchlist or an adjustment of watchlist status, but the individual will not be told if he or she prevails. The guidelines highlight one of the reasons why it has been difficult to get off the list—if multiple agencies have contributed information on a watchlisted individual, all of them must agree to removing him or her.

If a US citizen is placed on the no fly list while abroad and is turned away from a flight bound for the US, the guidelines say they should be referred to the nearest US embassy or consulate, which is prohibited from informing them why they were blocked from flying. According to the rules, these individuals can be granted a “One-Time Waiver” to fly, though they will not be told that they are traveling on a waiver. Back in the United States, they will be unable to board another flight.

The document states that nominating agencies are “under a continuing obligation” to provide exculpatory information when it emerges. It adds that the agencies are expected to conduct annual reviews of watchlisted American citizens and green card holders. It is unclear whether foreigners—or the dead—are reviewed at the same pace. As the rulebook notes, “watchlisting is not an exact science.”

Remember: when they hand you the knife, you are expected to kill yourself; but you don’t have to; if forced, they will do it for you.

Can the Democrats Hold Senate?

The UpshotOne of my many minor addictions is checking The Upshot‘s Senate Forecast every day. And it is not the simple thrill of seeing what “today’s number” is. For the record, today’s number is 53%—the Republicans have a 53% chance of retaking the Senate, which The Upshot classifies as a “toss up.”

There is much more, though! They also provide up to date forecasts from five other organizations that do this kind of work. These include the Cook Political Report, which does old fashioned analysis and is never, it would seem, willing to go out on a limb. For example, it says that Montana leans toward Republican Steve Daines and against Democrat John Walsh, even though Walsh’s own mother wouldn’t think he has a shot—barring Daines having a fatal heart attack.

Also on the list is Five Thirty Eight, which is what The Upshot replaced at The New York Times. They tend to agree rather well with The Upshot, but it seems that Nate Silver just isn’t that interested in politics anymore. They don’t run their model all that often.

But the real outlier is The Monkey Cage model, now sadly supported by the Washington Post. It is a political science driven model and it does not paint a rosy picture of the Senate come next year. They currently give the Republicans an 87% chance of taking the Senate.

For a long time, I’ve said that the Democrats have a 50-50 change of keeping the Senate. But I am also a “fundamentals” guy. And political scientists have gotten really good at predicting elections—especially from a long way out. And I have to say that I go along with the fundamentals. It is looking more and more like the Republicans will take the Senate in November. But it is important to remember a two things.

First, if they take it, it isn’t going to be a “wave” election. They will have 51 or 52 seats. So it isn’t going to be that big a deal, and they are going to lose the Senate come 2016. Barring a Supreme Court opening, there isn’t likely to be much in the way of change, regardless.

Second, it does not mean that “the people” have turned against Obama or the Democrats or liberalism or anything else. It means that there were roughly twice as many Democrats running for re-election as Republicans. And it also means that angry old rich white people show up to the polls for midterm elections a lot more than calm young poor multi-ethnic people do. Forgive me while I rant for a paragraph.

I am so tired of this idea that Americans are constantly changing their minds about politics. This year they like the Democrats! Next year they like the Republicans! No, no, no! Pretty much year after year, people are the same. They don’t change. All that really changes is who is willing to make the effort to vote. And in this country, we have decided that we don’t believe in a fair democracy. So we make it far easier for rich people to vote than for poor people. So it isn’t even that liberal voters are less inclined to vote, it is just that in general, it is harder for them: they have less time and their polling places are poorly staffed. Regardless, whatever the election result, it doesn’t mean that anything has changed in the mind of the typical American from 2012.

Having ranted that, there is one thing that gives me hope. The Democrats are spending a lot more money this election on efforts to get out the vote. If this works and the electorate looks more like it does during a presidential election, then all the models will be wrong and the Democrats will do much better—almost certainly holding onto the Senate. We will have to see. I’ve been arguing for this for a long time. All this business about attracting the “swing” voter is just madness. You want to know my definition of a swing voter: a Democrat (Republican) who just isn’t yet willing to say he is going to vote for the Democrat (Republican). So the new Democratic approach is a good one. We will have to see how effective they are at it.