Archive for the ‘US constitution’ Category
on US jingoism and nationalist dishonesty – plus ça change…
should be billions more people in this pic
It doesn’t seem to me that there’s any nation, at least in the WEIRD world, that’s as jingoistic as the USA. Now whether nationalism is a good thing is always arguable. I take the view that, while nobody gets to choose the nation of their birth, so that it’s a matter neither of shame nor of pride, it’s more than reasonable to be interested in that nation above others (assuming that you still live in your birth nation), because you want it to be as good as can be, for yourself and your peers. Whether you call that nationalism or patriotism or whatever is of no great interest to me. And if you espouse humanist values you will be concerned also about the quality of life in other nations, any of which you could’ve been born and brought up in. But clearly we have more opportunity to improve things in our own nation than in others.
And here’s the obvious thing. Every nation can be improved, in terms of its governance, its laws, its quality of life, its fairness, its health and welfare and so on. And considering that social evolution is a never-ending story, we need our social structures and our governance systems to keep up, to evolve, if not in tandem with, at least not far behind the tides of change.
So, back to the USA. I’ve spent too much time in the past few years, really since the advent of Trump and the meaningless MAGA slogan, listening to US pundits, mostly liberal, bemoaning the fate of their country. But the fact is, I very very rarely hear talk of reform. nor do I hear much in the way of reflection as to why someone so utterly incapable of governance of any kind could have won the favour of so many United Staters, even if they’ve always been in a minority, albeit a vociferous one (and thus seeming to be more numerous than they are).
I was born in Scotland and have lived in Australia since the age of five. Scotland has long had a testy relationship with the country south of the border, with which it is united, sort of, under the UK, but it has its own government headed by a First Minister, as opposed to England’s Prime Minister. What’s the difference between a First Minister and a Prime Minister, you ask? Good question, for which I have no answer, but they’re both based on the principle of primus inter pares, as the leader of the governing party. That party has been elected by the voters, and it has decided upon its leadership by an internal vote of its elected representatives. The party can replace its leader at any time via a vote of no-confidence by those same elected representatives.
This system, which, mutatis mutandis, also pertains in Australia, bears little comparison with the US Presidential system, in which one individual, almost always male, is pitted against other, in a kind of ‘I alone can fix it’ contest of patriotic manliness. The USA, to its detriment, doesn’t have a multi-party system, so its two sole parties tend to duke it out man-o-man-like, in a profoundly adversarial way, which appears to get more block-headed over time. It’s also the case that anyone can run for President, whether or not they’ve had any political experience, or any but the most basic level of education, or know anything of their nation’s history. It certainly helps, though, to have lots and lots of money, or to know how to get it, because campaigning for President, and getting the ‘right’ backing by the ‘right’ people, is hugely about finance. And it’s highly relevant to the politics of the USA that the gap between the rich and the poor there is far greater than what we find in Australia, which of course makes it more plutocratic than it is ever likely to admit.
It’s clear that the US political system has become much more adversarial in recent times, and the advent of social media ‘bubbles’ is at least partly to blame. This has become a problem more generally in the WEIRD world and I’m not sure how to address it, though I’m sure that it needs to be addressed. The problem is greater in the USA, however, due to a number of factors. One is its sub-standard basic public education system, which, together with its comparative lack of a social welfare safety net, its abysmal minimum wage rates and inadequate healthcare provision, leaves millions feeling disenfranchised and ‘left behind’. How else can we explain the religious-style hero worship of an ignorant narcissist who did virtually nothing while holding the office of national President (an office which he ‘won’ in spite of losing the popular vote by almost 3 million).
But the original aim of this essay wasn’t to criticise its system – though while I’m at it I’ll mention that the USA has one of the highest per capita incarceration rates in the world, and the longest prison sentences, as well as huge rates of firearm deaths, as Wikipedia relates:
More people are typically killed with guns in the U.S. in a day (about 85) than in the U.K. in a year, if suicides are included.
My aim was to criticise the USA’s image of itself as some kind of model to the world. Of course, nations tend to lie about their own history, so it’s up to other nations to confront them with those lies. Just recently, I heard yet again a US political commentator claiming, in passing, that the War of Independence and the subsequent drawing up of the US Constitution were all about ‘the people’ rising up against a ‘tyrant king’. This reference to George III – a constitutional monarch who was more or less non compos mentis during this time, is risible. The colonists of that part of the ‘New World’ were rising up against a bullying and exploiting nation. Many of those colonists had recently fled that nation, for various reasons, but often related to their ‘puritan’ values. Powerful nations have bullied and exploited smaller nations, subject nations and their neighbours for thousands of years, and as the USA has become a powerful nation, it has bullied Pacific peoples in the Philippines and elsewhere, as well as the peoples of Indo-China, Afghanistan and Iraq. It has also engaged in the bullying of allied nations, which again shows that there’s nothing exceptional about the USA.
Of course, the ‘New World’ wasn’t new at all, in terms of population. It was for some time understood that the Clovis culture had migrated to the Americas between 13,000 and 12,000 years ago, but recent discoveries have pushed human habitation back another several thousand years. The War of Independence and the subsequent US Constitution and the election of Washington as the colony’s first President, hailed today by United Staters as marking the beginning of modern democracy, was but one of many baby steps, albeit an important one, towards full democracy anywhere in the modern world. Less than 1.8% of the population voted, and eligibility, based on property ownership, varied widely between states. So it was hardly any better than the British system of the time, upon which it was largely based. Of course women couldn’t vote, nor of course could slaves, who formed the backbone of the colony’s economy. As for the First Nation peoples, the following decades brought nothing but dispossession and devastation, and, as in Australia, they’ve received little in the way of compensation since.
So, ‘the world’s greatest democracy’ and ‘the leader of the free world’ are still terms I hear gushing from the lips of US pundits, often accompanied by those glazed expressions suggestive of having learnt a kindergarten mantra. Better to try just a bit harder to accept that there’s no ‘greatest’ and no ‘leader’, just a lot of more or less flawed nations with more or less flawed political and social systems that need regular analysis and upgrading and repair. We can all do better, and maybe that’s what we’re here for. Or at least we can imagine that’s the case.
References
https://en.wikipedia.org/wiki/Gun_violence_in_the_United_States
https://en.wikipedia.org/wiki/1788–89_United_States_presidential_election
https://www.livescience.com/archaeology/whats-the-earliest-evidence-of-humans-in-the-americas
Will the USA ever reform its federal system? I wouldn’t hold my breath.
the USA is flagging
So I’m writing this on the last day of the Trump ‘administration’, and I don’t know if I’ll finish it today, and currently I don’t know if Trump will come out with the hundred or so pardons that some reporters are predicting, or if there will be one final attempt at insurrection, or if any more lives will be lost etc etc.
Whenever I write about Trump I feel as if I’m repeating myself for the nth time, and of course I know that virtually nobody reads my blog and I basically get no feedback on it. Still I feel compelled…
Robert Sapolsky begins his book Behave (and he presents this orally on a video available on Youtube) with a fantasy about what he would do with Hitler if he could’ve gotten hold of him at the end of the war. It isn’t nice. As he points out, he’s a liberal fellow, and opposed to capital punishment, but – humans are complex and contradictory. I’ve had similar fantasies about Trump, among others – in fact I might blame Sapolsky for giving me permission. But seriously, I’ve had fantasies about doing horrible things to horrible people long before I read Behave. I’ve long had a kind of visceral loathing of bullies and thugs, whether they’re world leaders or in the local neighbourhood, possibly because I was bullied quite a bit at school, being the smallest kid in my class for about ten years. When in the morning I read or listen to the latest horror story about Trump, or Putin, or some other apparently unpunishable tyrant, I get so mad that my dog, who regularly sleeps on my bed, starts shaking and looking at me with either fear or, I like to think, reproach.
I think I’ve been following the Trump debacle, or what I’ve called the slo-mo train wreck, because I’ve been wanting it to end like the movies, with the villain crashing and burning. And again to emphasise our complex and contradictory impulses, I’ve been hoping, and am still hoping, that Trump ends in gaol, but I’ve also been convinced, since before he decided to claim that he was a politician, that he wasn’t a ‘normal’ person, that there was something fundamentally wrong with him, and that he’s been this way for his entire adult life, and more. And I’ve become convinced, over the years, that free will is a myth, and that this has major implications for our systems of punishment, incarceration and the like. So what should be done with Trump? My feeling is that anyone with an average degree of intelligence and psychological insight should be able to see that this man should be kept away from any position of public responsibility. He’s an extremely, narcissistic, tantrumming pre-adolescent, and has been for 60 years. This is someone who couldn’t manage a public toilet, let alone the government of an uninhabited island. And yet he was put in charge of the most militarily and economically powerful nation on the planet. I don’t blame Trump for this, I blame the USA, and its federal political system.
The USA is, as I’ve written before, exceptional in two things, its religiosity and its jingoism. As a non-believing non-American, a dual citizen of the UK and Australia, where I’ve lived since the age of five, I struggle with my lack of sympathy for these American features. I’ve never waved a national flag or sung a national anthem in my life, and I never will. I feel a kind of emotional aversion to nationalism, and I suspect any explanation will simply be post-hoc rationalisation. So Trump’s patriotism, which is as fake as his religion, his complexion and his business acumen, naturally gets my goat, but it isn’t Trump I want to write about here.
Since realising that Trump was being taken seriously as a contender for US President, I’ve been following US politics like never before, and what I’ve learned has frankly horrified me, and continues to do so. Their federal system and their presidential system are real shockers, and frankly seem to be a disaster waiting to happen. There are plenty of pundits happy to dump on Trump of course, but hardly any are willing to dump on a system that allowed Trump to manipulate it so effectively (though it was more like bull-in-a-china-shop behaviour than calculated manipulation). I would cite Fareed Zakaria as an honourable exception, but his obvious Indian accent suggests that he hasn’t been fully infected by the native jingoism that his colleagues appear to suffer from.
So here – again, but with additions – are some of the glaring problems of a political system, and some political beliefs, that no nation in its right collective mind would want to emulate.
1. The ‘constitutional president’ becomes so as a result of a popularity contest between one superhero and another, in keeping, apparently, with ‘American individualism’. The ultimate recipe for demagoguery. These superheroes are either worshipped or reviled, and remembered by their numbers!
2. The Presidential candidate gets to choose his own running mate, plucked from the general population.
3. The President gets to choose a whole suite of personnel, or courtiers, to effectively run the country for the next four years, with only limited vetting, and has minimal contact with the parliament – living, during incumbency, in a White Palace.
4. Major elections occur every two years, last far too long, and involve obscene amounts of money, inevitably leading to corruption.
5. The political system is based on a much-worshipped, brief, vague and out-dated constitution, written for a small semi-democratic former British colony, and hopelessly inadequate for the needs of the third most populous country in the world. This urgently needs to be supported or replaced by laws, and lots of them.
6. The American people’s attitude to government, from the outset, has been disturbingly negative, so that interventionist government of any kind, to improve healthcare, education, race relations and so forth, is branded as socialism – the dirtiest word in the American language. And that’s something, considering the country’s religiosity, where the most lively and fun ‘curse-words’ aren’t even allowed on TV!
7. The popularity contest for the nation’s presidency is interfered with by an ‘electoral college’, which is state-based and regularly prevents the winner, based on popularity, from actually winning!
8. The President has exceptional pardoning powers, veto powers, government shut-down powers, power to select members of the judiciary and heads of innumerable government departments, as well as, apparently, total immunity from committing offences, however grave, while in office.
9. It follows from the above that the political process known as impeachment would be surplus to requirements, and all politicians’ wrong-doing, up to and including the President, would be dealt with by the judiciary on the basis of law.
The USA should look to the government of its neighbour, Canada, which has a far better political system, but it is of course prevented from doing so by its pathological jingoism. My hope is that the USA might be pressured by the international community to be more reformist in its approach to its national government. It’s a faint hope, of course, but the wreckery of the Trump period has, at least, exposed many glaring deficiencies. Gentlemen’s agreements aren’t anywhere near sufficient to keep ‘commanders-in-chief’, in a nation bristling with nuclear weaponry, with an at times disturbing superiority complex, in check.
Americans need to stop blaming Trump, and take responsibility for their broken system
So there was a Presidential debate the other day, and it went as expected, by all accounts. I didn’t watch it, and never had any intention to. I’ve taken a strong interest in US federal politics in the past 4-5 years or so, with the advent of Trump, but in watching cable news I’ve always had the remote handy so as not to have to hear anything coming out of Trump’s mouth, or the mouth of some of his acolytes. Trump’s presence and position makes me feel enraged, a feeling of actual violent loathing which has always come over me when I encounter bullies. This has nothing to do with politics, or at least political ideology. Of course bullying is a feature of politics. The term ‘authoritarian leader’ is generally a euphemism for a bully, and we all know who the current ones are.
However, as a person who, if not philosophical, has read a fair amount on philosophy and psychology over the years, I try to use those insights to calm and divert. For example, there’s the issue of free will, which I won’t go into in detail here, but we’ve learned – from the Dunedin longitudinal study, for example – that early childhood shapes our character far more than most of us are willing to admit. This often goes unnoticed because most of us have had relatively normal childhoods within the broader social milieu, which also shapes us to a large degree. However, as a person who has been in fairly close contact with highly dysfunctional families and the children born of them, the long-term or permanent effects are clear enough. In the case of Trump I don’t want to speculate too much, but it’s clear from family members, long-term witnesses, and psychological and neurological professionals, that Trump’s seriously damaged persona was in place from a very early age. Many of those who’ve known him longest say things to the effect that you have to think of him as an eight-year-old, or ten-year-old, or pre-adolescent, and it would indeed be worthwhile if neurologists could gain access to his pre-frontal cortex, which of course will never happen now. Some argue that he has deteriorated in recent years, and of course I can’t respond to that in any professional way, but I’m certainly skeptical. The bluster, the attention-seeking, the endless repetitions, the perverse doubling down, and the complete inability to say anything insightful or thought-provoking, these all represent a pattern of speech and behaviour that hasn’t changed in the couple of decades since I first encountered him. Of course this behaviour is exacerbated when he’s under pressure, and it’s this pressure and scrutiny, rather than his age, that gives the impression of deterioration, IMHO.
I’ve described Trump, only half-jokingly, as a pre-teen spoilt brat turned crime machine, but whatever descriptor you choose to use, it should be clear to any reasonably sane and insightful observer that he’s not normal – and that this abnormality has entirely negative features, such as extreme selfishness, vanity, incuriosity, vindictiveness, blame-shifting and solipsism, which tend to damage others far more than himself, and which explains the title of Republican strategist Rick Wilson’s book Everything Trump touches dies. But of course Trump himself bustles and blunders on, and on. Indeed in some business and political environments, these ‘qualities’ can be very beneficial to the individual endowed with them, as Trump’s business career, however ‘fake’, has shown.
It’s this environment that needs to be analysed with a view to cleaning it up, so that those people like Trump, and the greatest influence on his life, his father, are unable to thrive. Think of Vibrio cholerae in faecally contaminated water. Draining the swamp indeed.
I have written before about the political reforms that are urgently required, though I recognise that many of them will never be instituted, until it’s too late. Business and judicial reform are also urgently required, and perhaps the silver lining to the Trump debacle will be some long overdue attention to these areas, when and if the nation survives this crisis. I’m reluctant to make suggestions in fields in which I have little or no expertise, but I’ll make some anyway. In doing so, I’ll claim the benefit of being an outsider, as I note that very few American pundits, in spite of their obvious intelligence and wealth of knowledge, make mention of them.
- Vetting
Americans love to boast that, in the land of opportunity, anyone can become the nation’s President. It’s great for inspiring schoolkids, but have they really thought this idea through? The USA, as many of its inhabitants love to tell us, is the most powerful country, militarily and economically, in the world. It surely follows that any candidate for the highest office in that exalted nation, that of actually leading it, in the manner of a CEO, should be fully versed in its operations, alliances, strengths, weaknesses, opportunities and threats – as would be expected of any other potential CEO. Herein lies a major problem of democracy – populist demagoguery. Because of America’s direct election system, Trump could bring his circus cavalcade directly to the people, in the teeth of scorn from Republican stalwarts, most of whom fell in line with him over time. Trump had had no experience in any form of government, and the business cognoscenti knew very that Trump’s businesses were shambolic. So the warning signs were clear and obvious from the beginning of his candidacy.
Under variants of the Westminster system, used in every other English-speaking democracy, there’s an informal vetting system that, in a sense, flies below the radar. To become Prime Minister (primum inter pares – first among equals) you need to have already won a local election, and to have impressed your parliamentary colleagues as a worthy, articulate, responsible, collegial leader. It’s not a foolproof system of course, but by its nature it emphasises the team as much as its leader. As with a soccer team, the Prime Minister, the Captain, is just perhaps the most prominent member, and if she loses form, or ‘goes rogue’, she can be replaced without too much fuss. The team may be affected, but not massively disrupted. But consider the US situation, where the presidential candidate, or candidate for Captain of the soccer team, gets elected by the people because of all that she promises, in spite of never having played soccer in her life, knowing nothing of the rules, and after being elected, gets to choose her own team all of whom are just as clueless about soccer as she is. That isn’t far from the current American situation. The President, or Captain, needn’t worry about a revolt from within, no matter how poorly the team is performing, because they owe the captain their highly lucrative jobs, which they would never have gotten without her.
After the failed impeachment process earlier this year, the American pundit Chuck Rosenberg said something that made my jaw drop. He said that removing a President from office is and should be very difficult. That the US is, fortunately, not like Britain, where the PM can be removed by a simple vote of no confidence by his party. I believe the exact opposite to be true. Of course, there’s a sense in which Rosenberg is right. Under the highly problematic US federal system, removing a President creates a crisis unlike anything created by the removal of a Prime Minister under the Westminster system. Under the US system, this completely unvetted President gets to choose his own running mate, who is likely to be no more competent than the President, a very low bar in Trump’s case. Indeed the President gets to choose a whole team of sycophants to ‘run’ his administration, none of them elected by the people. So, yes, given this autocratic system, dumping the President is indeed a dangerous event. The Vice-President, barring illness, must take over, in spite of never having been independently elected. Under the Westminster system, however, dumping the Captain allows other elected team members to put their candidacy forward, and the team, the whole membership of the right or left wing party that’s in power, gets to choose a new Prime Minister – again based on the qualities described above.
2. Power
Special executive powers, veto powers, power to shut down the government, power to select a team of unelected Secretaries (State, Defence, Treasury etc) – performing the role that previously elected Ministers perform under the Westminster system, as well as extraordinary power over the judiciary, including personally selecting an unelected Attorney-General with apparently unlimited power to over-ride judicial decisions as well as to personally determine the legal liability of the President while in office. These are the gifts bestowed upon the person of the incoming President by virtue of his winning a majority of Electoral College seats. Compare Prime Ministers, who must go to work within the parliament, leading the debates, under the constant scrutiny of his fellow ministers and colleagues, and within spitting distance of the opposing elected representatives.
It seems obvious to me that an American President’s position, between elections, more closely resembles that of a monarch, only slightly hindered by a sometimes oppositional Congress/Parliament, than does the position of a Prime Minister under the Westminster system. And now we see that the ‘monarch’ can even go a long way to manipulate the forthcoming election in his favour. As many American pundits are finally noticing, a ‘gentleman’s agreement’ Constitution is wholly inadequate for reining in a President who is not in any sense a gentleman, but will Americans ever be self-critical enough to enact clear-cut laws limiting Presidential power, forcing tax disclosure, setting clear and enforceable guidelines on emoluments, and ensuring a uniformly free and fair federal electoral system? Time will tell, but I certainly wouldn’t bet on it.
3 Hero worship
Sections 3 and 4 are less about the USA’s political system and more about its political culture, so will I suspect be much more difficult to change.
Contrary to popular belief, Superman wasn’t born on the planet Krypton, but in Cleveland Ohio. Batman and his boyfriend Robin were born in New York, not Gotham City. Spider-Man, Wonder-woman as well as mere mortal heroes such as Rambo, Indiana Jones and John McClane were all typically American do-goodnicks and swamp-drainers, and no doubt classic presidential material. They seem to me to testify to a somewhat naive national tendency of Americans, a desire to place their trust in heroic individuals rather than teams, programs, policies and processes. Presidents are recalled by their numbers, worshipped by their admirers and reviled by their detractors, whereas in most other democracies, leaders evoke much milder emotions and are soon forgotten once replaced. Presidential elections are hyped to a mind-numbing degree, involving grotesque expenditures and apparently mandatory gladiatorial debates. All of this OTT razzle-dazzle seems almost designed for self-aggrandising con-artists like Trump, and it’s clear that he revels in the circus and the adulation. Much of his Presidency has been nothing more than a punctuated campaign rally. How to dial the nation down from all this hyperventilating claptrap? Possibly the Trump overdose might actually help. Once Trump’s dumped, a look around at how so much of the world is faring very well without American exceptionalism may lead to an extended period of good sense and sobriety – and a unity never before experienced, but which will be necessary to save the country’s reputation.
4 Partisanship and Tribalism
This, admittedly, is now a global problem. Social media, much of it headquartered in the USA, has led to huge increases in conspiracy theories, vaccine ‘hesitation’ groups, flat-earthers and other mind-numbing activities and belief systems. It’s becoming rare to find people reading old-fashioned newspapers with their diversity of takes on current affairs. The viciousness of Youtube political commentary is there for all to witness. People are throwing verbal bombs at people they’ll never meet, whose human lives of friendship, humiliation, suffering, struggle, anxiety and achievement they seem not even to know how to care about. We tend to see this trend as predominantly American, perhaps because we’re inundated by American media here in Australia and most other far-flung English-speaking countries. We constantly see videos of “ordinary Americans” apparently beset with certainty and contempt, however mask-like and brittle. It does seem like Trump has set this agenda, but many pundits also argue that the country has been polarised in this way for generations. The tragedy for Trump supporters is that they get so little in return for their adulation, and it seems the most disadvantaged and desperate are the most deluded. As I’ve argued from the beginning of this presidency, it’s highly unlikely to end with a whimper. The worst is surely yet to come. I’m certainly not wishing for it, but it may be the only outcome that can shake the country out of its ‘exceptionalism’, and towards a more realistic program of political (and media) reform and cultural healing.
reading matters 3
Will he go? Trump and the looming election meltdown, by Lawrence Douglas, Professor of law, jurisprudence and social thought, Amherst College
Content hints
- failure of impeachment, high crimes and misdemenours, rigged voting, media scum, sleepy Joe, election hoax, treason, fraud, shades of 2016, tweetstorms, dictator worship, Putin, Erdoğan, Orbán, the USA’s quaint constitution, pathological lying, Presidential authority to ban media, Trump as weak authoritarian, foreign interference, catastrophic scenarios 1,2,3, the unforeseeable, the electoral college and faithless electors, uniquely awful system, hacked elections, profoundly antidemocratic outcomes, gerrymandering, swing states, 12th amendment, enemies of the people, problems of peaceful succession, civil war, hang on, bumpy ride.
yank jingoism – why is it so?
Patriotism is, fundamentally, a conviction that a particular country is the best in the world because you were born in it
George Bernard Shaw
I believe in American exceptionalism.
Joe Scarborough, MSNBC presenter (born in the USA)
I’ve had a gutful. I was listening to an American cable news program, which I do too often these days, and the interviewer was discussing the distinct possibility, much mooted currently, of Trump not giving up power peacefully later this year. Before asking his question, the interviewer spoke of America’s ‘unique and historic tradition of peaceful transition of power’. The word ‘unique’ jumped out of the screen and smacked me in the face like a wet kipper, and of course this piece of bullshit went unchallenged by others, either because they considered it irrelevant, or not worth correcting, or because they actually believed it, or, most likely, because it was so much a part of the ‘American exceptionalist’ blather that forms the background of political discussion there that they didn’t even notice it. Yet all they have to do is drive a little north and cross the border to find another of many such ‘unique’ nations.
I was born in the UK and have lived most of my life in Australia. I’m a humanist with no strong nationalist allegiances or convictions. Australia has a federal, Westminster-based system, and is a relatively new nation which has experienced peaceful transitions of power since it became fully independent a mere 120 years ago. The UK has experienced peaceful transitions of power since its constitutional monarchy was established after the Glorious Revolution of the 1680s, a full century before the USA achieved nationhood. I’ve already written here about the lies so many Americans tell themselves about the USA being the birthplace of modern democracy. And this is not to say that the ‘American experiment’ wasn’t one of the many important little steps taken since Magna Carta towards effective democracy, along with the aforementioned Glorious Revolution and the early parliaments under Simon de Montfort and Oliver Cromwell.
Of course there are good, balanced American historians, and the troubles now occurring there are a reminder to everyone about those excluded from political and economic power both in the USA and elsewhere, but my concern here is to get to the bottom of why so many Americans have this un-self-critical view of themselves. Is it a problem in their educational system? Is American exceptionalism drummed into their heads from the kindergarten years, as I suspect? Is this sense of American ‘specialness’ more prevalent among those who’ve never actually stepped outside of the country, as I also suspect?
Ideas about the American ‘experiment’ as something special of course abounded in the early years of the colony. Founded mostly by puritan radicals in the 17th century, it was certainly exceptionally religious, and could also be described as exceptional in other ways – in having to deal with an established and proud indigenous population, in having to bring under white, Europeanised control and cultivation an enormous area of land, and in having to devise a new polity from British and European sources. But of course I’m not talking about the ‘exceptionalism’ of the colonial experience, more or less shared by Australia, New Zealand, Canada and the South and Central American nations, I’m talking about ‘exceptional’ as in ‘better’.
It’s quite amusing to note Alexis de Tocqueville’s usage here, which seems to amount to damning with faint praise:
The position of the Americans is therefore quite exceptional, and it may be believed that no democratic people will ever be placed in a similar one. Their strictly Puritanical origin, their exclusively commercial habits, even the country they inhabit, which seems to divert their minds from the pursuit of science, literature, and the arts, the proximity of Europe, which allows them to neglect these pursuits without relapsing into barbarism, a thousand special causes, of which I have only been able to point out the most important, have singularly concurred to fix the mind of the American upon purely practical objects. His passions, his wants, his education, and everything about him seem to unite in drawing the native of the United States earthward; his religion alone bids him turn, from time to time, a transient and distracted glance to heaven. Let us cease, then, to view all democratic nations under the example of the American people.
Alexis de Tocqueville, Democracy in America, 1840
I have no great objection to American capitalism which, properly regulated, is a benefit, or should be, but many of the new nation’s apostles of liberty, such as Jefferson, were slave-owners, and the contribution of slavery to the development of the nation’s economy still receives scant recognition. And the point here is not to condemn the USA for its misdeeds – Australia doesn’t have a proud record in this regard – but to point out that the USA is no more or less liberty-loving, racist, exploitative, generous and selfish as any other Europeanised, or indeed human, nation.
But of course every nation is different, if only in degree rather than kind. Some scholars have argued that the USA is more ‘classless’ than Western European countries. That may be true, depending on your definition of class, but the country is old enough to discuss the difference between old and new money – the old Vanderbilts and Rockefellers versus modern real estate crooks and tech billionaires – and more importantly, this idea of classlessness is hard to sustain in the light of a massive rich-poor divide that makes a mockery of the American Dream. The African-American population, somewhere between 12% and 14% of the total, are statistically worse-off by every measure and by substantial margins. Again this is a problem for many other countries with ‘first-nation’ or minority cultures, but the US hasn’t found better solutions to these issues than any one else.
Freedom is of course often trumpeted as the force that propels US superiority. No country is as free as the US, so the story goes. This freedom, and distrust of government oversight and over-reach, appears to be one of the factors driving that nation’s tragic covid-19 response. I note that the New York Times has an article showing that many of the nations with female leaders (e.g. Taiwan, Germany, Denmark, New Zealand, Finland and Norway) are handling the pandemic far better than others, especially those with buffoonish and/or overly macho ‘I know best’ leaders (e.g. the USA, the UK, Brazil, Russia and Iran). We often mock male bluster, but the fact is that it can come at a great cost – and so can myths about individual freedom. I read somewhere that there were even protests in the USA against wearing masks during the ‘Spanish flu’ pandemic which killed over 50 million – ‘my freedom trumps your fear’.
As I’ve often written, we’re the most socially constructed mammals on the planet, and we owe to that social construction, first in tribes and villages, then in larger states and civilisations, our domination of that planet, for better or worse. It’s true that for most of our history, government has been too pyramidal, heavy-handed and ruthless, with most of the population consisting of landless ‘peasants’, despised and exploited by a fortunate hereditary minority of nobles, lords, daimyos, boyars, nan, seigneurs etc, and the USA, with its ‘we, the people’, played an important role in further flattening that gradually flattening pyramid of power. But there’s a real problem with the anti-government ‘freedom’ that so many Americans seem to espouse. It’s seen in the lack of a national healthcare system, the lack of a decent minimum wage, the weakness of environmental protection, the apparent lack of anything like truth in advertising, the gun craziness, and so much else. While I’ve met many a likeable American sojourning in my world, I don’t think I’ve ever met one who doesn’t ultimately complain or make mention of the ‘nanny state’ here in Australia. My guess is that they would make the same complaint in any non-American democratic country. The idea that a state would go out of its way to provide affordable housing, healthcare, education and other benefits to its citizens, and enforce particular norms, such as the driving of roadworthy vehicles, the wearing of bicycle helmets, the banning of smoking in particular areas and the like, all this seems to outrage the American sensibility. But what can you expect of a people who actually seem to believe that the right to own guns makes everybody more safe?
Of course, not all Americans are that silly, but the shifting balance between individual freedom and community responsibility (embodied in taxation, minority protections and developing provision of opportunity, inter alia) is never easy for nations to get right, and always in need of adjustment. The USA, it seems to me, is more in need of such adjustment than most advanced nations at present.
The aftermath of the Trump horrorshow, surely arriving in a few months, must be used for thoroughgoing troubleshooting and reform of a broken system. The current administration has revealed massive problems with the USA’s beloved, antiquated Constitution, and the lack of effective law around emoluments, the legal status of the President, vetting for high office, long overdue reform of the electoral college system and a host of other checks and balances, but these are essentially administrative matters. The more pressing but intractable problem is with the country’s culture. Internationally, I suspect there will have to be a lot of fence-mending and rather less breast-beating – the world really doesn’t need the ‘American leadership’ that David Frum and others seek to restore. There aren’t too many western nations seeking to emulate the American system. What they’ll be expecting is partnership, respect and forthright, humane dealing. All nations need to understand that economic and military might has nothing whatever to do with moral stature. As to how the USA deals with its many internal problems over the next few years, we’ll be watching with interest. Recycling jingoism and American exceptionalism won’t be solutions, they’re clearly tied up with the problems. The next couple of decades will be vital for the USA’s internal and international future. It might well be a bumpy ride.
the US horror: the beginning of the end?
So there’s a bit of a crisis going on in the USA right now, and it may or may not be the beginning of the ‘blood in the streets’ scenario that I’ve been predicting and imagining as the end of this farcical, sad, disgusting, more or less unforgivable US Presidency.
The perennial pre-teen spoilt brat in the White Palace knows enough to know he might be nearing the end of the road, and all his crimes might be catching up on him. He has only one thing on his minuscule mind at the moment – winning an election. It’s like the scenario of an unbelievably melodramatic movie, proving that true scenarios are so often stranger than fiction.
I was never hugely engaged in US politics before the befuddled brat emerged as an unlikely candidate for one of the most responsible jobs on the planet. My thoughts then were – how can it be that such an obviously inept buffoon – a bragging, blustering blowhard incapable of ever saying, or thinking, anything remotely interesting – be permitted to be a candidate for such a position? What sort of a country…? Was this an example of American exceptionalism?
It still seems to me that the USA, not the babbling boy-bully, is to blame for this disaster, which cost lives and destroyed childhoods at the southern border, and has now wrought tragedy upon the country in the form of thousands of lost souls. Any reasonable person, examining this clown’s history, would bar him from any position of responsibility anywhere. He’s never worked for anyone in his life, and would be incapable of doing so. I’m totally convinced that if he’d ever been hired as a kitchen or factory hand – jobs that I’ve held in the past – he wouldn’t have lasted till the end of the shift.
So why did the USA commit this fatal error? Why do Americans still proudly proclaim that anyone – even a profoundly underdeveloped malignant narcissist – can become their Prez?
It seems to me that at least one of the problems, perhaps the main one, is that they’ve fallen into the too-much-democracy trap. Democracy – which a lot of Americans seem to imagine was invented in their country – is not a perfect political system. Its most significant weakness – and I’m sick of pointing it out – was described two millennia ago by the ancient, avowedly elitist Greek philosophers Plato and Aristotle. And this weakness – populism or demagoguery – was exactly what the ageing brat exploited. Most other democratic countries provide screens against direct democracies though a process either of party discipline (someone applying for high office must prove to others that she can lead a team) or work on the ground (presenting her credentials to a particular electorate, and if successful locally, working herself up from there as an independent or party member). But the current American Prez has been allowed to bypass all that, and to do absolutely nothing but talk his way into high office (with more than a little help from his Russian frenemies). Promising everything works with a lot of people. And because of this, because, as a person who has spent sixty-odd years conning people out of their money and their brains, honing that one spoilt-brat skill of pretending to know what he’s doing and what he’s talking about, of barging about like an impressive-to-some bull in a china shop, he’s taken over a whole country, probably the only democratic country he could ever have taken over. Though, to be fair, he could’ve taken over other, non-democratic countries, with even more disastrous consequences – many dictators throughout history have had personal profiles similar to his.
The USA’s appalling Presidential system, with no vetting, with its ‘superhero fixit-man’ pitted against ‘superhero fixit-man’ elections, its reliance on a vaguely-worded and widely-worshipped Constitution rather than solid, clear L-A-W, its emoluments clause without claws, its White Palace in which the boy-king is able to sit amongst his selected sycophantic courtiers, fuming and tweeting and soiling himself instead of working in the cauldron of Congress or Parliament, proving himself every working day as a team leader and an agile opponent to his no-holds-barred critics… the USA’s system is to blame for this.
It’s long been my view, shared by a few others, but not enough, that this dangerous brattish narcissist will not go quietly, and that lives will be lost, and not his own, before he’s removed. Currently his hopes of ‘legitimate’ re-election are on a downward spiral, which makes him a very dangerous beast indeed. It’s clear that he sees the current riotous situation as an opportunity to create the kind of division he sees, in his strange unclear unerringness, as being to his advantage. It’s impossible to suspend a Presidential election, all the pundits say, but it’s not impossible to try to suspend an election. This bloke has gotten away with so much wrong-doing in his life, he’s been emboldened to try anything. Whatever happens in the next few months, I have a strong feeling that ‘we ain’t seen nothin yet’. I’m just glad I’m over here.
there’s no such thing as a fair election 1: the apportionment issue
Canto: So we’ve been talking about how politics have been interacting with the Covid-19 pandemic, and came to the tentative conclusion that strong centralised governments, collaborationist and respected by their citizens, were faring better at managing the situation than right-wing quasi-dictatorial anti-government governments like Trump’s USA, Putin’s Russia and Bolsonaro’s Brazil…
Jacinta: And those three countries just happen to fill the top three places in Covid-19 cases, though to be fair, they have very large populations. Anyway, the Scandinavian countries we looked at all seemed to have coalition governments of some kind, and from our great distance we preferred to assume that they operated through some kind of more or less happy consensus – but maybe not.
Canto: So we’ve been reading David Deutsch’s book The beginning of infinity, and there’s an interesting chapter, ‘Choices’, which looks at voting systems and what we want from government…
Jacinta: Or perhaps what we need, or should expect. What is objectively best, something which Deutsch, being a progressivist optimist, believes we’re converging upon – what he calls, in the political sphere, ‘advancing from misconception to even better [i.e. less damaging] misconception’. Deutsch considers first the ‘apportionment problem’ in the USA, a problem that many electoral polities have, as they attempt to represent particular electoral regions, with their different populations, fairly within a federal electoral system. The USA, like Australia and many other countries, has a House of Representatives, to indicate the aim of representative government. There are 435 US House seats, and the Constitution requires that these seats be apportioned to the states according to their populations. For example if state x has 5% of the nation’s population, it should get 21.75 House members. This is of course impossible, so the obvious thing to do is round up to 22, right?
Canto: Obvious, maybe, but brimming with controversy, because this rounding up, or down, will affect states’ representation, often rather more than was ever suspected. Deutsch imagines a more simplified House with 10 seats, and 4 states. One state holds a little under 85% of the population, the other three have just over 5% each. Rounding will mean that the large state gets rounded down to 8 seats, the three smaller states get rounded up to 1. This means that you have to add an extra seat, but it also means that the smaller states are over-represented, population-wise, and the large state is under-represented. And if you don’t add an extra seat, and the rule is that all states must be represented, then the larger state is reduced to a grossly unrepresentative 7 seats. You could of course add two seats and allocate them to the large state, giving it 9 out of 12 seats, but that still under-represents that state’s population, while enlarging the House to a questionable degree.
Jacinta: In fact a quick calculation shows that, to provide that large state with 85% representation, while giving the other three states a seat, you’d have to add 10 more seats, but then you’d have to add more seats to make the other states more representative – unless I’m missing something, which I probably am. And so on, the point being that even with a simple model you can’t, just from a mathematical perspective, attain very precise representation.
Canto: You could, on that simple model, take a seat way from the least populated state, and give it to the most populated one, thereby keeping the state to ten seats, but having no representation at all seems grossly unfair, and in fact the US Constitution explicitly states that ‘Each State shall have at least one Representative’. The aim, of course is to have, as near as can be, the right measure of representativeness. Having no representation at all, even in one small region, contravenes the ‘no taxation without representation’ call-to-arms of the revolutionary American colonists and the founding fathers.
Jacinta: Yet all the argy-bargy that went on in the USA in the 19th century over apportionment rules and quotas – and it was often fierce – overlooked the fact that black peoples, native Americans, the poor, oh and of course women, were not entitled to be represented. As Deutsch points out, the founding fathers often bandied about the concept of the ‘will of the people’ in their work on the Constitution, but the only ‘people’ they were really talking about were the voters, a small fraction of the adult population in the early days of the nation.
Canto: Nevertheless the apportionment issue proved the bane of election after election, eminent mathematicians and the National Academy of Sciences were consulted, and various complicated solutions were mooted but none proved to everyone’s satisfaction as the system kept chopping and changing.
Jacinta: Of course this raises the question of whether majority rule is fair in any case, or whether fairness is the right criterion. We don’t decide our science or our judiciary by majority rule – and good science, at least, has nothing to do with fairness. Arguably the most significant weakness of democracy is the faith we place in it. In any case, as Deutsch reports:
… there is a mathematical discovery that has changed forever the nature of the apportionment debate: we now know that the quest for an apportionment rule that is both proportional and free from paradoxes can never succeed. Balinski and Young [presented a theorem which] proved this in 1975.
Deutsch calls this a ‘no-go theorem’, one of the first of which was proved by the Nobel Prize-winning economist Kenneth Arrow more than twenty years before. Arrow set out five basic axioms that a rule defining ‘the will of the people’ should satisfy:
Axiom 1: the rule should define a group’s preferences only in terms of the preferences of that group’s members.
Axiom 2: (the ‘no dictator’ axiom) the rule cannot designate the views of one particular person regardless of what the others want.
Axiom 3: if the members of the group are unanimous in their preference for something, then the rule must deem the group to have that preference.
These 3 axioms are expressions of the principle of representative government.
Axiom 4: If, under a given definition of ‘the preferences of the group’, the rule deems that the group has a particular preference, this remains the group’s preference if some members who previously disagreed with that preference now agree with it.
Axiom 5: If the group has some preference, and then some members change their minds about another matter, then the rule must continue to assign the original preference to the group.
These all seem like unproblematic axioms, but Arrow was able to prove that they were inconsistent, and this turns out to be problematic for social-choice theory in general, not just the apportionment issue. According to Deutsch at least, it reveals the mythical nature of ‘the will of the people’.
Canto: Did we really need to be told that? There is no ‘people’ in that sense. And I’m not talking about the Thatcherite claim that there’s no society, only individuals. I’m talking more literally, that there’s no such thing as an indivisible national entity, ‘the people’, which has made its preference known at an election.
Jacinta: Agreed, but that rhetoric is so ingrained it’s hard for people to let it go. I recall one of our prime ministerial aspirants, after losing the federal election, saying ‘graciously’ that he would bow to the ‘will of the people’ and, what’s more, ‘the people always get it right’. It was essentially meaningless, but no doubt it won him some plaudits.
Canto: In fact, voting doesn’t even reveal the will of a single person, let alone the ‘people’. A person might register a vote for person x mistakenly, or with indifference, or with great passion, or under duress etc. Multiply that by the number of voters, and you’ll learn nothing about the soi-disant will of the people.
Jacinta: Okay, we’ve talked about the problems of apportionment under the US multi-state system. Next time we’ll look at the different electoral systems, such as proportional-representation systems and plurality or ‘first past the post’ voting. Is any system more fair than another, and what exactly does ‘fair’ mean? Good government is what we want, but can this be described objectively, and can this be delivered by democracies?
Canto: Well, here’s a clue to that good government question, I think. I walk into my class and I’m faced with twenty students. If I’m asked ‘who’s the tallest person in the class?’ I can come up with an answer soon enough, even if I have to make a measurement. But if I’m asked ‘who’s the best person in the class (not the best student), I’m very likely to be lost for an answer, even if I’ve taught the class all year….
Jacinta: Interesting point, but we’re not talking about the best government. There might be a variety of good governments, and you might be able to point out a variety of students/persons in the class who’ve positively impressed you, for a variety of reasons. Good government is not one.
References
David Deutsch, The beginning of infinity, 2011
The Institutional Design of Congress
the wanker in the white palace 3: the impeachment failure
It’s not accurate to say that impeachment was bound to fail in getting rid of the wanker, but it became increasingly obvious that it would fail, because too many politicians feel they owe their livelihood to him, or their prestigious position as ‘lawmakers’ and public personae. And of course there are a few who are too stupid to see what a wanker the wanker is, but they’re a small minority.
In this blog I’ve often stated that impeachment is a piece of shite. It would be nice to imagine that this latest débâcle would be enough for it be entirely expunged from the political system, but of course that won’t happen. This is the USA we’re talking about, after all.
It’s an odd term, derived from empêchement, a ‘prevention’ or ‘impediment’ from the verb empêcher. It’s used in many countries but has always struck me as an inadequate substitute for solid L-A-W law, as has been shown in this recent case. Of course, in order for this substitution to be effective, the administration of the law needs to be entirely separate from government. This is proving to be a problem in ‘the world’s greatest democracy’.
Three Presidents have been impeached. None of them have been removed from office. It all seems to be an expense of spirit in a waste of shame. But getting rid of impeachment, unfortunately, is just the beginning. I’ve already pointed out some of the failings of the Presidential system in general. Massive power, massive immunity. Are Americans really this stupid?
Yes, they are, or maybe it can happen to any state that promotes an uncritical, worshipful attitude towards its constitution, which, in the case of the USA, has created a Constitutional Presidency on the basis of the British Constitution Monarchy. And there’s no doubt that, at the outset, it was an improvement on the British system, which had, and still has, a hereditary monarch, rather than an elected President. However, the Westminster system has evolved since then, with the monarch’s power gradually reducing to, essentially, nothing, and all power being held by the duly elected parliament, a team with a team leader, working within the parliament, not in a white palace surrounded by thuggish hand-picked courtiers, who, unless they’re responsible citizens – the last people the wanker would choose – need know or care little about the workings of congress.
The USA regards itself as the first modern democracy. Not true. The very reason the founding fathers looked to the British system as a model was because of its parliamentary system, which, without doubt, the founding fathers improved upon. But, following the British system, with its minuscule franchise, those founding fathers, fearful of the ‘unenlightened’, made sure that the unpropertied and feeble-minded – the natives, the blacks and the women, were excluded from any say in government. And just to emphasise the woman issue, no country on this planet can call itself a modern democracy that doesn’t allow half its adult population to vote. American women weren’t given the vote till the 1920s, almost 30 years after women in my region were given it.
But really, all questions about democracy in the USA are now up for grabs. Things will get worse. It’s preposterous to imagine that the wanker (and this epithet shouldn’t entail under-estimation – he’s been made an extremely dangerous figure by the US political-economic nexus) will give up power peacefully. He’s been taught that he’s an eternal winner, so fasten your seat belts, it’s gonna be a bumpy year.
the boy in the white palace 2: thoughts on Judge Howell’s decision in the Columbia District Court
Canto: So I’ve read the decision by the Chief Judge of the District Court of Columbia, which waved away the claims of White Palace lawyers, representing their Department of Justice (DOJ), ‘that existing law bars disclosure to the Congress of grand jury information’. Now, neither of us are lawyers, and I’d never heard of a grand jury before being drawn like a ghoul to the disaster of the bullish boy in the White Palace china shop – so reading this decision has been another of those steep learning thingies.
Jacinta: Yes, the grand jury concept does sound very grand, and a bit Olde Worlde, and I’ve discovered that it’s essentially an obsolete British thing, going back to Magna Carta at least, but now fallen into disuse except in two countries, the Grande Olde US of A, and, would you believe, Liberia. They appear to be a blunt tool of government, and another ‘only in America’ thing, almost. Here’s what an Australian academic blog, the conversation, has to say about it:
The main concerns about the process are that it is run by the prosecutor, no judge is involved, jurors are not screened for bias or suitability, the defendant is not present or represented, the prosecutors and grand jurors are prohibited from revealing what occurred, and transcripts of the proceedings are not made available.
So why does it exist at all? Well, it’s made up of ordinary citizens, rather than uppity legal folks – a grand jury consists of 16 to 23 people, unlike the petit jury made up of the standard dozen – so I suppose they thought it more democratic. They have to decide whether there’s enough evidence to charge someone. It’s like a pre-jury jury. But you can surely see from the above quote that it can be easily manipulated. And has been.
Canto: So this Judge Howell had to decide – but her decision isn’t final because it can be appealed, I believe – whether the DOJ was right in claiming that grand jury info (much of it redacted in the Mueller Report) should be handed over to the House Judiciary Committee (HJC).
Jacinta: So it’s a battle between the HJC and the DOJ, and may the best TLA win…
Canto: Judge Howell is in no doubt about the matter. ‘DOJ is wrong’, she writes multiple times in her 75-page judgment, in which she goes back to the findings of the Mueller Report. It’s funny, we’ve read that report but it’s so refreshing to be reminded of all the damning evidence, and the redacted stuff in part 1 which raised so many questions. There’s been so much that’s happened since, or so much that hasn’t happened that should’ve happened, that we’re inclined almost to believe that Mueller’s findings were unable to lay a glove on the White Palace incumbent, when the truth is far more sinister – that the whole US nation seems to have connived in allowing the boy-king to get away with everything, simply because he’s the King.
Jacinta: Well, I’m not sure about the whole nation, but of course you’re right that any nation, or political system I should say, that grants immunity to its all-powerful ruler, elected or not it makes no difference, while he holds the reins of power, is a global disgrace. It’s more or less the definition of a dictatorship. For example, he can’t be held to account if, while in office, he makes an executive decision to declare a state of emergency due to the massive corruption of all his enemies, and to abolish all federal elections forthwith.
Canto: A reductio ad absurdum perhaps, but one probably not far from the boy-king’s mind. In fact, the lad has been ‘joking’ about a third and fifth term. So people need that reductio kind of thinking to see what peril they’re in, seriously. And Judge Howell sees it clearly, as she reminds those who would read her that the boy and his playmates were found to have behaved very naughtily indeed, in a way that undermined the proper functioning of the state in multiple ways, long before the attempted extortion of the Ukrainian Prez.
Jacinta: Judge Howell argued, correctly, that a revisiting of the Mueller Report’s findings were in order for the purpose of deciding about these grand jury redactions. And so, she correctly reminded Americans that the Special Counsel found that links between the Putin dictatorship and the boy-prince’s pre-ascension team were ‘numerous’, and of course there was the Ukraine-Manafort nexus, which is mixed up currently with the lad’s most recent peccadillos. In fact, Her Honour helpfully points out that the then princeling likely knew about Dictator Putin’s assistance toward his ascension, by quoting from the Report:
Manafort, for his part, told the Office that, shortly after WikiLeaks’s July 22 release, Manafort also spoke with candidate Trump [redacted]. Manafort also [redacted] wanted to be kept apprised of any developments with WikiLeaks and separately told Gates to keep in touch [redacted] about future WikiLeaks releases.
According to Gates, by the late summer of 2016, the Trump campaign was planning a press strategy, a communications campaign, and messaging based on the possible release of Clinton emails by Wikileaks. [Redacted] while Trump and Gates were driving to LaGuardia Airport. [Redacted], shortly after the call candidate Trump told Gates that more releases of damaging information would be coming.
Canto: Yes, those redactions seem to indicate that the then princeling and his courtiers knew about, encouraged and accepted foreign interference – hardly surprising news, but under the USA’s highly-worshipped Constitution that there’s a rootin-tootin High Crime and Mister Demenour.
Jacinta: But it doesn’t matter because the boy-king has absolute power and can do whatever he likes, he done said it hisself. And apparently there are some powerful American folks, apart from his courtiers, that pretty much agree. The King just has too many responsibilities to be interfered with while in office by such petty matters as criminal charges – which is a pretty obvious problemo, as the King can simply increase his duties, and make them permanent, in order to make himself more immune, for a lifetime.
Canto: So Judge Howell looked at this too, because this apparent immunity hangs by the slender thread of a view held by the DOJ ‘Office of Legal Counsel’ (OLC). Her Honour quotes from the Mueller Report, and adds her own very interesting comments:
“Given the role of the Special Counsel as an attorney in the Department of Justice and the framework of the Special Counsel regulations,” the Special Counsel “accepted” the DOJ Office of Legal Counsel’s (“OLC”) legal conclusion that “‘the indictment or criminal prosecution of a sitting President would impermissibly undermine the capacity of the executive branch to perform its constitutionally assigned functions’ in violation of ‘the constitutional separation of powers.’” …. This OLC legal conclusion has never been adopted, sanctioned, or in any way approved by a court.
What I suspect Judge Howell as saying here is, ‘it’s about time a proper court got hold of this OLC ‘legal conclusion’ and subjected it to the proper legal scrutiny it deserves, or very much needs.
Jacinta: She’s also happy to use the term ‘stonewalling’ in describing the DOJ ‘s tactics with regard to these redactions, a stonewalling that continues to this day.
Canto: Yes, and it’ll be interesting to observe the fate of Billy Barr, a principal toadie of the boy-king and Grand Marquis of the DOJ, as these adventures in Toyland play out.
Jacinta: So, overall, Judge Howell’s pretty contemptuous of the DOJ arguments, which she would prefer to call “arguments”, and has been extremely diligent in refuting them from every possible perspective she can think of, with a lot of case law and something of a history lesson regarding the thoughts of James Madison, Alexander Hamilton and others. I’m thinking that not only will we have to bone up on US Federal law (and a lot of other law), we’ll have to read the whole of the US Constitution and the Federalist Papers to get more thrills out of watching this battle between the boy-king and the Constitutionalists (if that’s what it is) play out.
Canto: Yes, and I’ll be even more interested in the aftermath, after the bodies are buried and the blood has been wiped away. Will Americans still want to say that their quasi-dictatorial political system is the greatest in the known universe?
Jacinta: You betcha.
References
Click to access grand.jury.release.opinion.pdf
http://grandjuryresistance.org/grandjuries.html
http://theconversation.com/only-in-america-why-australia-is-right-not-to-have-grand-juries-34695
What’s up with Trump’s frontal cortex? part 2
Before going on with my thoughts about little Donnie’s brain, I want to address two pieces of relevant reading I’ve done lately.
First, the short article by ‘Neuroskeptic’ entitled ‘Don’t blame Trump’s brain‘. Now, as anyone who’s read much of my blog knows, I consider myself a skeptic and a supporter of the skeptical community. However, I don’t entirely agree with Neuroskeptic here. First, describing people’s attempt to work out Trump’s psychology or neurology from his words and actions as ‘Trumphrenology’ is a silly put-down. In fact, all psychiatric conditions are diagnosed on the basis of observed words and acts – duh, what else? Unless there’s a brain injury or genetic abnormality. So the medical terms used to describe Trump and others do have some validity, though I agree that ‘medicalising’ the problem of Trump can be counter-productive, as it is with many ‘conditions’ which have appeared recently to describe the spectra of human behaviour. It’s more important, in my view, to recognise Trump as a career criminal than to put a psycho-neurological label on him. Then again, as someone who doesn’t believe in free will, the brain that makes Trump be Trump is of some interest to me. Second, Neuroskeptic describes the arguments of those who attribute medical conditions to people on the basis of behaviour as ‘circular’. This is false. Behaviour is more than s/he thinks it is. When we try to understand the brain, we look at how it behaves under particular conditions. According to Neuroskeptic ‘it’s rarely useful to try to understand a behaviour in neuroscientific terms’. If that’s true, then the monumental 700-page book Behave, by Robert Sapolsky, one of the world’s leading neurobiologists, was largely a waste of time. Third, Neuroskeptic questions the validity and ethics of Trump ‘diagnosis-at-a-distance’. This is absurd. Over the past two years alone, Americans have been subjected to several thousand tweets, hundreds of televised speeches and comments, and the day-to-day actions of the lad in the White House. Unless they make a real effort to switch off, most Americans can’t help knowing more about Trump than they do about just about anyone in their intimate circle. Where’s the distance?
Second, on The dangerous case of Donald Trump, by 27 people working in the field of mental health. I’ve not read it, but I’ve read the ‘summary’, attributed to Bandy X Lee, the contributing editor of the full book, though I prefer to believe that Lee, a respected Yale professor of psychology, had no hand in writing this summary, which is, syntactically speaking, the worst piece of published writing I’ve ever read in my life (I say this as a language teacher). I prefer to believe it was written by an intellectually disabled computer. I’m sure the full book is far far better, but still I’m amused by the variety of conditions Trump may be suffering from – ADHD, malignant narcissism, borderline personality disorder, psychopathology, sociopathology, delusional disorder, generalised anxiety disorder etc (OK that last one is what most reasoning Americans are supposedly suffering from because of Trump). All of this is a bit of a turn-off, so I won’t be reading the book. I tend to agree with what Neuroskeptic seems to be inferring – that we don’t need a psychiatric diagnosis as an excuse to get rid of Trump – his obviously asinine remarks, his insouciant cruelty and his general incompetence are in full view. His criminality should have seen him in jail long ago, for a long time. Further, the idea that a diagnosis of mental instability could lead to invoking the 25th amendment is absurd on its face. Anyone who’s read the 25th amendment should see that. I don’t see any evidence that Trump’s condition is deteriorating – he’s been consistently deceitful and profoundly incurious throughout his life. That means he was elected as a fuckwitted dickhead. Don’t blame Trump, blame those who elected him. And blame the lack of checks and balances that should make it impossible for just anyone to become President. Democracy does have its flaws after all.
So what are the patterns of behaviour that might lead to a diagnosis, which then might be confirmed neurologically – if, for example we were to apply a tranquillising dart to this bull-in-a-china-shop’s voluminous rump, then tie him up and probe his frontal and pre-frontal regions and their connections, in response to questioning and other fun stimuli (I’d love to be in charge of that operation)?
I’ll first list some notable Trump behaviours and traits, recognised by the cognoscenti, without suggesting anything about their relation to frontal cortex disfunction.
- A tendency, or need, to take credit for everything positive that happens within his particular environment, and a concomitant tendency, or need, to blame anyone else for everything negative occurring in that environment
- a winner/loser mentality, in which losers are often members of ‘losing’ cultures, sub-groups or entities (blacks, latinos, women, the failing NYT) and winners are judged in terms of pure power and wealth (Putin, Kim, Manafort, Fred Trump)
- lack of focus in speeches and an inability to listen; generally a very limited attention span
- frequently cited temper tantrums
- lack of empathy and consideration for others, to quite an extreme degree, close to solipsism
- emphasis on compliance and deference from others, inability to deal with criticism
- extreme lack of curiosity
- lack of interest in or understanding of ethics
- lack of interest in or understanding of concepts of truth/falsehood
- extreme need to be the centre of attention
I think that’s a good start. As to how these traits map on to psychopathological states and then onto cortical development, I won’t be so psychopathological as to provide clear answers. Most people I’ve spoken to suggest malignant narcissism as a pretty good fit for his behaviour – perhaps due to its all-encompassing vagueness? Wikipedia describes it as ‘a hypothetical, experimental diagnostic category’, which doesn’t sound promising, and it isn’t recognised in the Diagnostic and Statistical Manual of Mental Disorders (DSM-IV-TR), though narcissistic personality disorder (NPD) is. I suppose that some people want to particularly emphasise Trump’s malignancy, but I think NPD is bad enough. Here’s the Wikipedia description, drawn from the latest DSM and other sources:
a personality disorder with a long-term pattern of abnormal behavior characterized by exaggerated feelings of self-importance, excessive need for admiration, and a lack of empathy. Those affected often spend a lot of time thinking about achieving power or success, or on their appearance. They often take advantage of the people around them. The behaviour typically begins by early adulthood, and occurs across a variety of social situations.
Now, I came up with the Trump behavioural traits before I read this description, I swear. I think the fit is pretty exact, but it’s clear that those responsible for diagnosing someone with NPD don’t do so on the basis of brain scans. I’ve explored enough neurology to fairly safely say that NPD, psychopathy and many other psychiatric conditions just can’t, as yet be reliably correlated with neurological connections or lack thereof. Even schizophrenia, one of the more treatable psychotic conditions, is rarely described in terms of brain function, and is diagnosed entirely through behaviour patterns.
Having said this, all of these conditions are entirely about brain function, and in Trump’s case, brain development since early childhood. We’ll never get to know what precisely is up with Trump’s frontal cortex, partly because we’ll never get that tranquilising dart to penetrate his fat arse and to then practise Nazi-like experimentation… sorry to dwell so lovingly on this. And partly because, in spite of the galloping advances we’re making in neurology, we’re not at the knowledge level, I suspect, of being able to pinpoint connections between the amygdalae, the hypothalamus, the hippocampus and the various regions of the frontal and prefrontal cortex. I plan to do more research and reading on this, and there may be another blog piece in the offing. However, one thing I can say – Trump probably isn’t a psychopath. Psychopaths tend not to have temper tantrums – their emotional responses are minimal, rather than being exacerbated by life’s slings and arrows, and their violence is instrumental rather than impassioned. Their amygdalae – the founts of aggression and anxiety – are correspondingly reduced. Doesn’t sound like Trump.
Again, though reflection on Trump’s curious psyche may be intrinsically interesting, it’s his crimes that should do him in. As I’ve said before, the fact that he’s not currently in custody is a disgrace to the American criminal and legal system. His fixer is facing a jail term, and in pleading guilty to two felony counts of campaign finance violations, has fingered Trump as the Mr Big of that operation. Those authorities who have not arrested him should themselves be facing legal action for such criminal negligence. And of course other crimes will be highlighted by the Mueller team in the near future, though such scams as Trump University should have seen him jailed long ago. Others have suffered lengthy prison terms for less. But that’s the USA, the greatest democracy in the greatest, free-est and fairest nation in the history of the multiverse. Maybe such overweening pride deserves this fall…