Category Archives: Politics

TRUMP SHOULD STAY ON THE BALLOT

Next month, the U.S. Supreme Court will hear argument on whether or not Donald Trump is qualified to appear on the ballot in Colorado. Disqualification challenges have become a weapon used by Trump’s opponents to stop him from regaining power. Outside Colorado, a disqualification challenge succeeded in Maine. Challenges in Michigan, Minnesota, and California have failed. But depending on the Court’s ruling, there could be more.

The Supreme Court acted sensibly in accepting the Colorado case on an expedited basis. It would be chaotic to have a presidential election decided by different states following different disqualification criteria. It would also be dangerous to our democratic system.

The Colorado case will focus national attention on Section 3 of the 14th Amendment, which reads:

No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.

The Court will confront a number of issues:

  Does this disqualification language apply to the President? Note that it specifically mentions “Senator or Representative in Congress, or elector of President and Vice-President.” It also refers broadly to “any office, civil or military, under the United States, or under any State.” But it does not specifically mention the presidency itself.

  What constitutes an “insurrection”? Is a violent riot, like the one that occurred on January 6, sufficient? Or must there be an armed and organized attempt to overthrow the government, like the Bolsheviks storming the Winter Palace or the Confederates bombarding Fort Sumter?

  What does it mean to have “engaged” in insurrection? Is cheering from the sidelines sufficient? Or must there be personal participation in the activity?

All of these issues present interesting, if arcane, legal issues, the kind lawyers and jurists love delving into and debating. But if it chooses, the Supreme Court can reject Colorado’s attempt to keep Trump off the ballot for two simple and straightforward reasons.

First, Colorado (and Maine) failed to provide Trump with anything even approaching the kind of due process to which he was entitled in this important matter. Second, the question of whether Trump should be disqualified for having engaged in insurrection has already been decided in a trial before the U.S. Senate presided over by the Chief Justice. And he was acquitted. Neither Colorado, nor Maine, nor any state, has the right to retry him.

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WHY MANNERS MATTER

What do Congresswoman Lauren Boebert and Senator John Fetterman have in common?

“Not much,” might be the first reaction.  Boebert is a far-right MAGA Republican. Fetterman is a left-wing progressive Democrat.

On closer inspection, however, the two share one important trait: lack of manners.

Not to put too fine a point on it, John Fetterman and Lauren Boebert are obnoxious, uncouth individuals. Most civilized people would not welcome them into their homes, even if they agreed with their politics.

These qualities were on display earlier this month.

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THE OCTOBER SURPRISE THAT WILL NOT DIE

Last week, the New York Times published a front page story on a supposed attempt “to sabotage the re-election campaign of the president of the United States” by persuading Iran to hold the American hostages until after the 1980 election. According to Ben Barnes, the now 85-year old protégé of former Texas Governor John Connally, he and his mentor embarked on a tour of Middle East capitals in July 1980, asking regional leaders to pass this message on to Tehran: “Don’t release the hostages before the election. Mr. Reagan will win and give you a better deal.”

Barnes accused the Reagan campaign of promising that “a future Reagan administration would ship arms to Tehran through Israel in exchange for the hostages being held until after the election.”

The story is the latest chapter in a long effort – an effort that began just weeks after his election – to blemish the reputation of Ronald Reagan by claiming that his 1980 election victory was obtained by persuading Iran’s theocratic rulers to hold the hostages until after the election, thus depriving the incumbent Jimmy Carter of any credit for securing their release. According to this so-called “October Surprise” theory, Reagan’s campaign team traded the hostages’ freedom for his election victory.

The October Surprise would be outrageous if true. But it is not.

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AFTER THE MIDTERMS

In 2010, President Obama, surveying the wreckage of his Party in the midterm elections, deemed the results a “shellacking.” In November, President Biden may soon be appropriating the same term, or seeking a synonym. But Republicans will face an identity crisis in the wake of midterms victory, and that crisis could prove more dangerous to the GOP than defeat at the polls may prove to the Democrats.

Polls show Republicans poised to take control of the House of Representatives and possibly the Senate. Granted, there are good reasons to view these polls with skepticism. But those reasons suggest that the polls, if inaccurate, are probably understating the Republicans’ prospects, not overstating them.  Andrew Prokop of Vox has analyzed 48 close (within 10 points) Senate elections from 2014 to 2020, and found 40 elections in which polling understated Republicans’ margins by an average of 5 percentage points. In contrast, he found only 8 elections in which polling understated Democratic candidates’ margins, and then by an average of only 1.8 percentage points.

Nate Cohn of the New York Times notes that only 0.4% of pollster dials result in a completed interview. That means that a pollster must spend two hours making calls to obtain a single response. Republican voters, already suspicious of pollsters, are more likely than Democrats to be among the huge majority ignoring such calls.

In addition, between now and November 8, the numbers, to the extent they move at all, are likely to move favorably for the GOP. In late September, the Real Clear Politics average of polls projected Republican gains in the House in the range of 5 to 38 seats. This week, the range has grown to 12 to 49 seats. If these trends continue, the range will almost certainly be higher on election day, meaning that a Republican net gain of 50 House seats is a real possibility.

Turning to the Senate, Republican candidates are moving up in all of the toss up races. As with the House, the current crop of polling results likely understates the dimensions of the coming Democratic disaster. The Real Clear Politics website projects a net gain of 3 seats, meaning a 53 – 47 Republican majority. (We may have to wait until December to see the final numbers because neither Party candidate is likely to surpass 50% in Georgia – necessitating a runoff the following month under that state’s peculiar rules.)

Again the RCP projection may understate GOP prospects. It assumes the Democrats will hold the New Hampshire and Washington senate seats occupied by incumbents Maggie Hassan and Patty Murray. But Hassan has seen her lead over Don Bolduc shrink from 7.6 points in September to 3.4 points, and Murray has seen her lead over Tiffany Smiley diminish from 13.7 points to 5.0. Republicans have a real shot at flipping one or both seats.

To sum up, on November 8 we may well see a Republican “wave” election, in which the GOP not only secures control of Congress, but does so decisively, gaining close to 50 seats in the House and 4 or 5 seats in the Senate.

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OUR FIRST LIBERTARIAN PRESIDENT?

For many ordinary Americans, politics has become an unpalatable pastime, too distasteful to digest or follow. It seems incredible that in a country of 330 million, the foremost political leaders are Joe Biden and Donald Trump, two men of low character and of lower, if any, principles.

That may explain why Troy Senik’s biography of Grover Cleveland, A Man of Iron, arrives as such an unalloyed joy. Turning from cable news to Senik’s work is like emerging from a fetid swamp to find oneself alongside a pristine brook.

Many see in Cleveland our first  and perhaps only outright libertarian president. He was a firm exponent of laissez faire economics, federalism, the gold standard, and anti-imperialism. Granted, to describe him as a libertarian runs the risk of over-simplification. His politics were more nuanced than that. For example, years before Teddy Roosevelt made conservation popular, Cleveland was setting aside forest land in Wyoming’s Grand Tetons, Washington’s Olympic Peninsula, and South Dakota’s Black Hills.

Still, the libertarian label is more accurate than not.

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WHEN TEDDY ROOSEVELT HAD WINSTON CHURCHILL TO DINNER

The lives of Theodore Roosevelt and Winston Churchill overlapped, but they met in person only once — at a dinner in the Governor’s Mansion in Albany, New York on December 10, 1900. The 42-year old Roosevelt was about to relocate to Washington DC to assume his duties as Vice President. The 26-year old Churchill, who was visiting America to shore up his finances by a lecture tour, was about to take his seat in Parliament.  

What happened at their dinner is unknown. But to the extent historians have noticed the dinner (which isn’t a large extent[i]), they have accepted the view, first attributed to Roosevelt’s daughter Alice, that the two men did not get along because they were so much alike.[ii] As Robert Pilpel, in his Churchill in America 1895 – 1961, put it: “It was a case of likes repelling.”[iii]

But was it?

We will never know for certain because the witnesses are not available for deposition. But based on the evidence, the “likes repelling” theory is unpersuasive. Something else, something deeper, was afoot.

Let’s review the record, starting with Winston Churchill’s reaction to the dinner.

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SEPTEMBER 11, 2021 IS COMING

For the past 19 anniversaries of 9/11, we have commemorated that national tragedy with a certain sense of relief and vindication.  On the first anniversary, even as we mourned the 2,977 victims, we could derive some measure of comfort from the fact that we had hunted down their killers, smashed their hideouts, and ousted the 7th century Taliban fanatics who had sheltered and nurtured them.  

By the 10th anniversary, we could mark the death of Osama Bin Laden.

What emotions will we experience on the 20th anniversary?

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THE REPUBLICANS’ DANGER — AND OPPORTUNITY

John F. Kennedy famously (and incorrectly) observed that the Chinese word for “crisis” consists of two brushstrokes: one signifying “danger” and the other “opportunity.”  As the dust and debris of the desecration of the Capitol subsides, the Republican Party confronts just such a two-faceted moment.

Since 2016, when he accepted the Republican nomination for the presidency, Donald Trump has been the Party leader. And not just in a titular or ceremonial sense. He has demanded and received almost complete loyalty from Party members. He effectively engineered the early retirements of critics and of supporters whose support was merely tepid, including, to name just a few, Senators Jeff Flake of Arizona, Bob Corker of Tennessee, and Luther Strange of Alabama.

Now, as the nation reacts in shock and revulsion at the mob violence, the Republican Party faces a grave danger due to its association with Trump.

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DON’T CRY FOR HIM, GRAND OLD PARTY

The Republican Party had a good 2020 election. And prospects are bright for an even better 2022. But as Donald Trump files suit after suit challenging the election results, an impediment to Republican hopes is taking shape.

The impediment might be labelled the myth of the “Lost Cause.”

In American history, the “Lost Cause” refers to the myth that emerged in the wake of the Civil War. According to this lore, the South’s attempt to secede from the Union was a great, heroic epic fought, not to preserve slavery, but to protect a higher, gentler civilization. Outnumbered and outgunned, the South relied on skillful, chivalrous commanders who waged a noble, but ultimately doomed, struggle against an enemy with far greater economic and military resources.

Today a different Lost Cause myth may be arising from the ashes of Donald Trump’s defeat.

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THE REPUBLICAN PARTY IN THE YEAR ONE A.D. (After Donald)

The era of Donald Trump will be ending soon.  It may end this week, if, as nearly all polls indicate, he loses the election. Of course, the 2016 presidential election, and many other elections here and abroad, teach us to be wary of polls. A Trump defeat is not certain. But even if Trump pulls off another surprising win, he will become a lameduck President as soon as he takes his second oath. Maneuvering within the Republican Party for succession in 2024 will begin immediately. One way or another, Donald Trump will soon be history.

Now is as good a time as any to speculate on the state of the Republican Party in the Year One A.D. (After Donald).

Fifty years ago, in a book entitled The Emerging Republican Majority, a nerdy 28-year old White House staffer named Kevin Phillips expounded the proposition that American politics progresses in 32 or 36-year stages, during which one party dominates the other. Thus, 1896 – 1932 saw the Republican Party in control, with the single exception of the Wilson administration.  The period of 1932 – 1968 saw the Democratic Party ascendant, with the single exception of the Eisenhower years.

Phillips argued that 1968 would usher in a new era of Republican dominance. His book was dedicated to President Richard Nixon and Attorney General John Mitchell, the two supposed “architects” of the emerging Republican Majority. Unfortunately for his thesis, Watergate occurred. Five years after the Republican majority was supposed to emerge, one “architect” had resigned in disgrace and the other was headed for prison following his conviction for obstruction of justice and perjury.

Considering the GOP’s problems, it is tempting to predict that the Year One A.D. will witness the advent of an Emerging Republican Minority. If Trump loses, he will likely take down a number of Republican candidates with him, and the GOP will almost certainly lose the Senate. With Democratic control of the House already assured, that means that the Party will have the White House and both Houses of Congress for the first time since Barack Obama’s election.

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