Saturday, December 14, 2024

Democracy Breached: Georgia Unfit for E.U. Statehood

On December 14, 2024, Mikheil Kavelashvili became the president of Georgia, further cementing the Georgian Dream Party’s grip on power at the expense of the sovereign state’s accession as a semi-sovereign E.U. state. From the standpoint of representative democracy, what a contrast with the U.S. state of Georgia. The Georgian Dream Party implicitly conflated the qualitative difference between the U.S. and state-scale polities by misappropriating the term, Electoral College, which elects the U.S. President. There is a reason why that College does not apply at the state level, yet in its haste to consolidate power in 2017, the Georgian Dream Party replaced direct presidential elections with an Electoral College, which the party could control. Sure enough, Kavelashvili was the only candidate in 2024, and he got the votes of 224 of the 225 electors who were present for the vote.

Of “the 300-seat electoral college that replaced direct presidential elections in 2017,” the electors were “made up of MPs [i.e., members of the parliament] and representatives of local government.”[1] In contrast, the Electoral College of the U.S. consists not of the existing governments, but, rather, of people appointed by political parties, which in turn are given slots based on the popular votes for U.S. president in the member states. The drafters of the U.S. Constitution believed that the electors should not represent the legislatures, but should be selected only for the task of electing the federal president. That the inordinate dominance of political parties in filling the elector-slots has eliminated the electors’ independence doomed the efficacy of the U.S.’s Electoral College, which was supposed to be a check not only on the government officials, but also the people. The reason for the latter check is that the U.S., as an empire-scale union of states, is too big for much of the American people to know the candidates—the territories are too large and the population too large as contrasted with the territories and populations of states.

The Electoral College of the sovereign state of Georgia in Eurasia was created without any link to popular sovereignty (i.e., an election by the people), and without being independent of the existing government. Rather, the Electoral College is the government, just for a special purpose. Nor was the population or territory of Georgia large enough that electors would be necessary because so few of the electorate had the proximity to know of the candidates enough to be able to cast votes using good, informed judgment. In short, the federal justifications for the U.S.’s Electoral College were missing.

Therefore, in its haste to gain control over the presidency, the Georgian Dream Party misappropriated an element of American political theory, ignoring both the link to popular election and the qualitative rather than just quantitative difference between a state and a union of states. Of course, with raw power in politics/government, might can be declared to be right, but with a knowledge of comparative politics, the sheer might of the Georgian Dream Party can be castrated ideationally. With the democratic legitimacy of Georgia’s government in tatters, the E.U. would act wisely in saying no on Georgia’s accession unless or until drastic changes are made to Georgia’s basic law. In the U.S., it is a requirement that every state be a republic, which means that representative democracy is the basis of a given polity. In the E.U., the case is likewise. Accordingly, rather than protesting at the time to get their government to continue with accession talks with the E.U., the Georgian people should have been oriented to undoing the damage done to the Georgian political system by walking the Georgian Dream Party to the exits.  

Thursday, December 12, 2024

On the Hidden Police Power of Corporate America

After the UnitedHealthcare chief executive “was gunned down by a masked man outside a Manhattan hotel” in New York City, “a days-long manhunt” occurred that “spanned several states.”[1] The fact that only a few days were needed to find the suspect, Luigi Mangione, indicates just how massive and public the manhunt was. For it was not just any murder, as if the murder of a person who is the chief executive of a large corporation were worth so much more than that of the rest of us. I suspect that the influence of the company, and, moreover, corporate America, on local police in any U.S. member state is more than reaches the headlines. The case at hand my even suggest that that influence includes even tacit instructions to treat anti-corporate suspects of murder violently both in retaliation and as a visible reminder to other potential killers that CEOs are off-limits.

As Pennsylvania sheriff employees took Mangione from a vehicle to the back door of a courthouse, at least two of the employees shoved the suspect—and, remember, in the U.S. a suspect is presumed innocent unless or until proven guilty in a court of law—into a wall even though the wall was not on the way from the vehicle to the back door. In other words, the unnecessary violence was not on the way to the back door, and nor was the suspect resisting going into the courthouse. I contend that the unnecessary violence was at the behest of the corporation whose CEO the suspect allegedly shot. At that time, the evidence that would be found had not yet been found, as per the defense attorney’s statement in the courthouse. Whether the violence being maliciously applied by sheriff employees was merely to show the world how a suspect accused of killing a CEO gets treated by law enforcement, or to stop the suspect from speaking to the media present on his way to the backdoor is not clear. It seems to be possible, at the very least, that corporate instructions given to the police in Pennsylvania included: Don’t let the guy get his anti-corporate message out. This would be ironic, given that corporations had at the time the right of free speech, even through spending as if money constitutes speech.

That Mangione was not resisting going into the courthouse and yet was manhandled rougher than suspects were typically treated at the time may give Americans, as well as the world, a glimpse into the power that large concentrations of private wealth (which is what a corporation is) even as translated into raw violence. The use of police by companies in twentieth-century America to beat workers on strike is well documented. What I am suggesting is that local police were still susceptible to wealthy private interests such as corporations into the next century, at least as of the 2020s. I contend that any contact between police departments and the healthcare insurance company would properly have been limited to the police gaining information in the search for the killer.

Another indication of an over-reaction by local police occurred days after Mangione had been arrested, when Briana Boston was charged with a felony “with one count of making threats to conduct a mass shooting” during a phone call with Blue Cross Blue Shield, her health-insurance company, which was denying a claim that she had submitted. Obviously angry, she said, “Delay, deny, depose. You people are next.”[2] The phrase, “delay, deny, depose,” had been written on bullets by Mangione in reference to tactics that insurers use to avoid paying out claims and had become popular online. Because of the popularity, it could not be assumed that the woman was planning on writing the three words on bullets; the phrase had entered the lexicon. In fact, “(a)ccording to a consumer survey by KFF, more than half of insured [American] adults [had] experienced problems with their insurance provider, and some [of those adults] reported serious consequences.”[3] Strangely, the local police in Lakeland, Florida, said that her statement could be taken as probable cause of “making a threat to conduct a mass shooting . . ., according to the affidavit.”[4] A reasonable interpretation of, “you guys are next,” is that if Blue Cross continues to screw policy holders who do their part in paying premiums, someone may eventually go too far in retaliation. She did not say that she was going to take any violent action, or what that action might be. Given that she was momentarily angry, and perhaps justifiably so, the police employee who leapt to the conclusion that the woman was saying she would conduct a mass killing is ludicrous, and yet the police had the discretion (and thus power) to make an example of the woman by charging her with a crime carrying a fourteen-year sentence, without her having done anything. Had being angry at customer-service employees become a crime? Or, had free-speech that is objectionable to big business become a crime? If so, could corporations next go after certain thoughts, using employees of local police departments who dismiss protecting the public as dutiful sycophants?

We can turn the Lakeland police investigation on its head by investigating that department. It is significant that “Lakeland, Florida police said they were contact by the FBI . . . in response to the alleged threat.”[5] That the police did not waste any time and did not seem to second-guess the FBI may suggest that the FBI had been determined to snuff out the “potential” copy-cat. To be sure, the FBI may simply have been over-cautious, but even that could have been due to pressure from Blue Cross or elected officials who have received campaign contributions from the giant company. That both the FBI and the local police department in Florida would knowingly seek to charge an angry policy holder of a crime that carries a sentence of 14 years in prison indicates a grossly disproportionate reaction, which itself could point back to the deference that the FBI (and local police) give to business in doing its bidding, even to scare the public.

As an anecdote, once when leaving a restaurant after barely eating a very badly cooked meal, I was speaking to people in the shopping center’s parking lot about the food. The manager of the restaurant got wind of this and approached me even though I was no longer on her establishment’s property. “The police here are my friends!” she warned me. “Keep talking about my restaurant and I will get them to make you leave.” The manager’s sheer presumptuousness was laughable, so I kept talking as was my right. She did call her friends, who told me I had to leave the parking lot even though that lot was not owned by the restaurant. That the police dismissed my legitimate objection told me enough; I moved to another suburb of Phoenix only months later; Mormon-run Mesa was simply too corrupt (and drug-ridden).

If my small window into the deference that local police pay to small business in falsely enforcing law that is not really law is correct, it is not difficult to conjecture that the FBI as well as local police may be unduly biased towards, perhaps even de facto working for, large corporations. The sort of unaccountability in accusing a distraught policy-holder of mass murder (even without noticing that she had no record of violence and not even a gun!) and being willing to put her in prison for fourteen years, likely to send the public a message from the large corporations, is consistent with the lack of accountability generally on market participants that are so large and wealthy that even competition is stifled that so enrages consumers and thus prompts anti-corporate politics. The connection can be found in Adam Smith’s claim that one of the main rationales for government is to protect the wealthy from the poor, who would otherwise steal the wealth. Does this hold of the governments in the U.S., or is the public to be served? The official answer may differ from the real answer.

That the governments in the U.S. have allowed companies to become so large as to choke competition without anti-trust law being enforced—something that Adam Smith would not like—is yet another indication of the “under the table” power of large corporations in the United States, thanks in part to unlimited political campaign contributions being legal. Perhaps elected officials were the people delivering the instructions from the health insurance company to the Pennsylvania sheriff in Altoona: Be rough with the guy and don’t let him speak to the media. Push him up against a wall if you want. Grab him by the neck. Show the world what happens if someone goes up against corporate America.  Hence the anti-corporate political movement in a democracy that is premised on accountability rather than plutocracy with impunity.

My main point is that institutionally, or structurally, very large and wealthy private companies, whether corporations or privately held, are incompatible with not only market competition, which ensures fair prices (even at grocery stores after a pandemic), but also political democracy, wherein one person has one vote and thus is just as important as the next. Whether a man on the street or a corporate CEO is murdered, the police-response should be the same in terms of the cost and effort in the manhunt and how the suspects are treated. Innocent until proven guilty means that police violence against a suspect who is not being violent or resistant is itself a crime regardless of how rich the victim’s family or company happens to be. 

The case of the health insurance CEO’s murder in December, 2024 was deliberately not supposed to be a vehicle for getting an anti-corporate message out—with even violence being used to enforce this proscription—but how the Pennsylvania police aggressively treated the suspect unabashedly in public view can be seen as a poster advertising the interlarding of corporate power at the expense of accountability in American democracy. Both economically and politically, it can be asked whether large corporations are accountable in the United States; politically, the same question may be asked of the local police departments in the member states. The American governments in the U.S. could do worse than apply anti-trust law to a variety of markets and apply criminal law to local police departments whose actual paymasters can be characterized proverbially as the man behind the curtain—an allusion to the hidden Wizard in the film, The Wizard of Oz. Then again, perhaps Mr. Smith Goes to Washington is a more pertinent film, as the senator played by Jimmy Stuart filibusters for hours and hours against corruption in his home state.


1. Jessica Parker and Nadine Yousif, “Luigi Mangione Fingerprints Match Crime-Scene Prints, Police Say,” BBC.com, December 11, 2024.
2. Pocharapon Neammanee, “Woman Arrested After Saying ‘Delay, Deny, Depose’ On Call With Insurance Company,” The Huffington Post, December 12, 2024.
3. Ibid.
4. Ibid.
5.Ibid.

Monday, December 9, 2024

Ranking Technological Innovation: The E.U. and U.S. as Unions of States

“With the rise of AI, self-driving cars, and wi-fi connected appliances, it can feel like innovation is everywhere these days.”[1] Lest the BBC be presumed to be referring to California, the fifth largest economy in the world, with Caltech and Stanford University, government investment in IT and data infrastructure, and a high concentration of science/technology graduates and employment, California (as well as Massachusetts) is absent from the BBC’s rankings of technologically innovative countries. So Switzerland comes up in that ranking as the world’s foremost in computer technology, while the U.S. comes in third, with states like California and Mississippi being lost in an average that does not correspond to any actual place.

Of course, Europe presents itself as myriad of republics, with the E.U. not being counted, and thus ranked, even though the U.S. rather than California or Massachusetts is counted, and thus ranked. Referring to the 2016 Milken Institute's "State Technology and Science Index," an article in Bloomberg highlights the great science and technology divide existing between the fifty states.[2] With the Index showing a strong positive correlation between a state's innovation ranking and its GDP (gross domestic product), it is obvious that averaging California or Massachusetts with Alabama and Mississippi would be misleading for any generalizations. So too would be averaging Switzerland and Romania in Europe. 

Put another way, the BBC’s ranking highlights little Finland, The Netherlands, and Denmark in the top ten, all three of which are E.U. states, and yet ignores the U.S. member states completely.  It is telling, therefore, that the Global Innovation Index Ranking of 2024 is based in part on the assumption that it is appropriate to average all the U.S. states together on technological innovation, but somehow ill-fitting to lump all of the European states (whether E.U. states or not) together. Not even a polity in Europe having full sovereignty could explain or justify the incongruency, for every E.U. state has delegated some governmental sovereignty to the E.U. Perhaps it is denial of the E.U. instantiating modern federalism that is behind the inconsistency in the Global Innovation Index Ranking for 2024. For in terms of GDP, territory, and even population (clustering) too, the E.U. states and the U.S. states are roughly equivalent (and the E.U. and U.S. are thus equivalent too). 

The Global Innovation Index Ranking 2024: Including the U.S.[3]

1.       Switzerland

2.       Sweden

3.       United States

4.       Singapore

5.       United Kingdom

6.       Republic of Korea

7.       Finland

8.       The Netherlands

9.       Germany

10.     Denmark

Averaging all of the U.S. member-states into #3 rather than listing the foremost American states in technological innovation may be what allows Denmark to be in the top ten, and perhaps this could also be said of the E.U. states on the list: Sweden, Finland, The Netherlands, and Germany. Alternatively, the following ranking, which I have assembled in a cursory manner, may be more accurate, as a consistent polity-basis for comparison replaces the false union-state equivalence:

The Global Innovation Index Ranking 2024: Including the E.U.

1.       California

2.       Massachusetts

3.       Switzerland

4.       European Union

5.       Washington

6.       South Korea

7.       Japan

8.       China

9.       United Kingdom

10.     Singapore

California is no longer held down in a lower average of all the U.S. member states, and Massachusetts and Switzerland follow close behind. The European Union’s rank of #4 reflects the averaging from Sweden to Romania. That no E.U. states are listed leaves room for the U.S. Commonwealth of Pennsylvania, mainly due to the efforts by companies in computer tech in Pittsburgh. Of course, we could refuse to sit both E.U. and U.S. states, and thereby leave more room to other areas of the globe to make the cut. Perhaps a ranking of the top 20 could include E.U. and U.S. states, but without the E.U. and U.S. themselves being ranked. We could do another ranking, using the E.U. for all of its states and the U.S. for all of its states, and thus leave room for sleeping giants in other parts of the world that are quite innovative yet are not getting credit for it. To avoid a noxious political category mistake, avoid including the U.S. (instead of its states) when the E.U. is not included while E.U. states are included.


1. Lindsey Galloway, “What It’s Like to Live in the World’s Most Innovative Countries,” BBC.com, December 5, 2024.
2. Richard Florida, "America's Great Science and Technology Divide," Bloomberg, November 1, 2016.
3. 
Lindsey Galloway, “What It’s Like to Live in the World’s Most Innovative Countries,”

Saturday, December 7, 2024

Euro-skeptic Anti-Federalism: An Institutional Obstacle in the E.U.

On December 6, 2024, the E.U. finally—meaning more than twenty years after negotiations had begun—reached a free-trade agreement with Argentina, Brazil, Paraguay, and Uruguay. The deal would cover 780 million people, but the completion of the negotiations between the E.U. president and those of the South American countries was “just a first stage before a long process”[1] that would require passage by a qualified majority vote—meaning 55% of the E.U. states and 55% of the E.U. population—in the E.U. Council and in the European Parliament and in enough state legislatures. Presumably if enough state ministers for trade in the E.U. Council vote yes, their respective state governments would go along and also be sufficient for final passage. I contend that the requirement that enough state legislatures also vote yes on the deal is excessive.

The most obvious point to be made concerning the excessiveness is that the state governments were directly represented in the E.U. Council, so for those governments then to need to approve the E.U.’s treaty is at best duplicative, and, at worse, enabling opposition yet another means of thwarting final passage. Moreover, the treaty is that of the E.U., rather than any of the state governments because the E.U.’s executive branch negotiated the trade deal. To be sure, the presence of non-trade terms in the deal, including binding commitments by the South American countries to stop illegal deforestation, explains why the Commission did not have exclusive competency, which the Commission had as of 2024 in commercial policy as when President Van der Leyen had the Commission enact tariffs on imports from China.  Even though the trade deal with four South American countries did not fall under the Commission’s exclusive competency (i.e., domain of authority), this only means that the E.U. Council and the Parliament had to approve the treaty too; non-exclusive competency does not mean that the state governments must or even should approve federal legislation (and E.U. treaties with other countries).

A subtle reason can also be cited for why the E.U. is too fettered by the excessive role of the state legislatures in being required to pass a federal trade treaty. Specifically, the ongoing Euroskeptic, or states-rights (or “nationalist”), ideology, which had been so unproductive for the E.U. precisely because of the extent of sovereignty that the states retained (i.e., had not already delegated to the federal union), relishes the duplication of the state governments’ power in passing federal trade treaties as indicating that the E.U. had remained merely an alliance of sovereign countries. Before Britain seceded from the Union, Prime Minister David Cameron referred to the E.U. as just one of the networks to which Britain happened to belong. With such a jarringly unreal notion of what the E.U. was politically, it was best that that state seceded. The state of France had not been wrong in halting Britain’s accession in the early 1970s.

In short, a bottom-heavy federal system awash in an anti-federalist ideology can really be paralyzing at the federal level. At the very least, having an excessive number of institutional hurdles for a bill (or trade treaty) to become law undermines the legislative process. Moreover, even dissolution is more likely to occur when the state governments wield a lot of power over federal legislation.  

This may seem trivial or even silly, but words matter because language can feed (and starve) an ideology. Let’s unpack the following passage from Euronews on the proposed trade deal: “Negotiators from the Latin American bloc were assembled . . . with the EU trade negotiation team to iron out the deal, that will cover 780 million people between both zones. But the deal will need a sign off (sic) from EU 27 member states.”[2] That European and American journalism often referred to the E.U. as a “bloc,” even though an informal grouping of sovereign countries does not have a constitutional (i.e., basic law) court, an executive branch, and a bi-cameral legislature whereas the European Union contains the governmental European Court of Justice, the E.U. Commission, the E.U. Council (like the U.S. Senate, representing the states), and a (lower) Parliament, implies that in using the word “bloc” to describe four South American countries as the Mercosur group, and we might think too of the BRICS countries, those trade groups are of the same genre as a federal union. That both the E.U. and U.S. cases of “modern federalism” include dual sovereignty, wherein two governments have domains in which they are sovereign for a given territory, nullifies the appellation of “bloc” or “zone” to either union, even if anti-federalists on both sides of the Atlantic Ocean have been in denial concerning this point.

At an academic talk at Harvard’s Center for European Studies in which the dean of Boston University’s School of Global Studies said that the E.U. does indeed have a federal system, a Harvard graduate student dismissed this point and, in “asking” a question, insisted that the E.U. is only an alliance of countries. I then asked the dean to confirm her judgment that the E.U. is not an alliance, which she did. Yet I doubt whether the Harvard graduate student had enough intellectual humility to let this point sink in. In fact, at another talk at the Center, another graduate student, who had been present at the visiting dean’s talk, insisted that economically, a Swiss (county-sized) canton could be compared to “a red or a blue state,” including Texas and California. That speaker, from MIT, had said that in looking at the economic inequality between rural regions and a metropolitan city, E.U. states should be compared with U.S. states rather than with the U.S. overall (as there is no focal city of the U.S.). That the European graduate student ignored this and implied that Switzerland is a United States of Europe (and thus as equivalent to the E.U. even though the latter treats Switzerland akin to a state in trade matters and free movement sans borders) stunned me. I had been thinking of applying to be a visiting scholar at Harvard’s Center for European Studies, but the stubborn, jejune disrespectful attitude of the two graduate students, as well as their abject ignorance and yet presumption concerning federalism theory, convinced me to cancel my application, for I was already too old for the grief (and passive aggression). Also, I was not about to buy an airline ticket to the E.U. only to be dismissed as a stupid American for claiming that the E.U. has a federal system of government and is thus not a “bloc” or “zone” equivalent to four countries in South America that have a trading relationship.

Given the excessive ability of state governments in the E.U. to styme federal legislation and treaties, misconceiving the E.U. as a “bloc” or “zone” can cement the anti-federalist systemic bias and thus render the E.U. itself as too paralyzed even with respect to federal policy, regulations, law, and treaties that are at the level of the E.U. and thus proper to it, with the state governments having direct federal access through not only the E.U. Council (of Ministers), but also the European Council, which sets the overall political priorities for the Union. Officials of the state governments sit on both councils, and may even have excessive influence over the political parties (not groups!) in the European Parliament. That one of those parties, the European People’s Party, has nonetheless been labeled as a “group” rather than a party from a state-level perspective is yet another instance of how federal law-making must brace against a head-wind of federal illegitimacy.

Lastly, it bears remembering that thirty years from the U.S. having instituted a federal system characterized chiefly by dual sovereignty in 1789 (before which the U.S. was an alliance, or confederation, unlike the E.U.!), the American state governments had too much sovereignty for the good of that union, given the multiple “Brexits” in 1861. To be sure, Lincoln was better off than General Washington had been in fighting a war, for Lincoln’s Union had dual-sovereignty whereas Washington had a confederation (i.e., the state governments were sovereign until 1789).  Connecting the dots for my European friends (and those Americans who are awake concerning the E.U. even existing), the E.U. in 2024 was of the same federal genre or type as the U.S. had been since 1789 but not since 1776! Now this should get several Harvard graduate students from Europe scratching their heads.



1. Peggy Corlin, “Von der Leyen Clinches E.U.-Mercosur Trade Deal, in Face of French Opposition,” Euronews.com, December 6, 2024.
2. Ibid, italics added.