Showing posts with label American government. Show all posts
Showing posts with label American government. Show all posts

Friday, March 6, 2026

E.U. Statehood for Sovereign Countries

Even as the E.U. struggled to come up with foreign policies on Gaza, Ukraine, and Iran in March, 2026, the union must have been cogent enough then for the Icelandic government to set a date at the end of the summer to have a referendum on whether to seek statehood. The term for this is accession, not merger, for an empire-scale union such as the U.S. or E.U. contains semi-sovereign states rather than co-scale and co-equal “partners.” By implication, to liken a state in one such union to another entire union is to make a category mistake that can be thought of in historical terms as making the claim that a kingdom is equivalent to an empire (of kingdoms). Both the E.U. and U.S. are federations composed of early-modern scale kingdoms and republics.[1] This is not so in the cases of Mexico and Canada. In fact, the U.S. has an open invitation for Canada’s accession (rather than merger).[2] People who presume that it was arrogant for the U.S. founders to invite Canada to accede as a state forget that the U.S. was formed by sovereign countries that became semi-sovereign states.

As the E.U. expands, it too draws on sovereign countries to become states through the process of accession (rather than merger). The planned referendum in Iceland was not on a merger of two countries. Iceland had submitted to the European Commission, the E.U.’s executive branch, an application for accession in 2009, but then unilaterally halted the process in 2015 even though 11 of the 33 “chapters” had been completed. As a sovereign nation, Iceland could indeed unilaterally stop the process, and when the Icelandic government announced the date for the upcoming referendum, the Commission could at most welcome the announcement. In doing so, a spokesman for the Commission said, “Iceland is a close and valued partner of the E.U. . . . Our cooperation is already strong and wide-ranging and we look forward to continuing and further strengthening our close cooperation with the Icelandic authorities.”[3] The word partner connotes distance as in the sense that Iceland is a sovereign country rather than an E.U. state. The word is problematic, however, in that it implies an equivalency. Even just in Iceland having submitted an application, a lack of equivalency is inherent to the relationship. Moreover, accession itself lacks equivalency because Iceland could become a state in the E.U., and no state is an equal partner with the union in which the state is a part, for a part and a whole cannot be equivalent.

The same held in the case of the U.S., which was formed first as a military alliance and then as a confederation of sovereign countries, and only on March 4, 1789 as a modern (i.e., dual sovereignty) federation of semi-sovereign states and semi-sovereign federal governmental institutions. In other words, the Articles of Confederation, which was ratified in 1781, was for a union of sovereign countries. Therefore, just as the U.S. was formed in 1776 (and continuing under the Articles) by sovereign countries, so too was the E.U. formed by sovereign countries. In both cases, sovereign countries, such as Iceland in 2026, because semi-sovereign states and thus parts of political unions. Accession itself is a distinctly political process.



1. See Skip Worden, British Colonies Forge an American Empire: A Basis for Trans-Atlantic Comparisons (Seattle: Amazon, 2017)
2. Because Canada has expanded West since the 18th century, Canada would most likely accede as three or four U.S. states rather than just one.
3. Gregoire Lory, “Iceland Plans August Referendum on Resuming EU Membership Negotiations,” Euronews.com, 3 March, 2026.

Tuesday, June 3, 2025

The U.S. Government’s Debt: Federalism Unbalanced

On May 5, 2025, the debt of the U.S. Government stood at $36.21 trillion, $28.9 trillion being held by the public and $7.31 trillion being intragovernmental. That total is $1.66 trillion more than the total federal public debt on May 5, 2024. Projected interest payments of $952 billion in fiscal year 2025 would be 8 percent higher than the interest payments made in 2024. By comparison, the U.S. budget for national defense in fiscal year 2025 totaled $892.6 billion. Whether going to investors of treasury bonds or defense contractors and other corporations, the combined $1.85 trillion for fiscal 2025 represents a transfer payment to the wealthy from American taxpayers rich, middle-class, and poor. Meanwhile, Republican lawmakers in the U.S. House of Representatives passed a bill in May, 2025 that would subject Medicaid and food assistance to significantly less money and subject the States with having to spend more on the administration of those programs. Principles of political ideology reside just below the surface. My task here is to flush them out and relate them to each other, rather than to impose my own ideology.

Fresh out of the Trump Administration, billionaire Elon Musk called the tax and spending bill a “disgusting abomination.”[1] Presumably this condemnation has to do with the “multi-trillion tax breaks” and the raising of the debt ceiling an additional $4 trillion, but the CEO of SpaceX would hardly object to the increase for defense.[2] Musk wrote that the “outrageous, pork-filled” bill would “massively increase the already gigantic budget deficit to $2.5 trillion” in spite of the cuts to healthcare and food for the poor that Musk supported.[3] U.S. Sen. Rand Paul promised to vote against the bill unless the debt ceiling would not be raised.

As of early June, 2025, who could say whether Republican opposition in the U.S. Senate would actually materialize beyond the rhetoric designed to give an impression of objection to voters back home. The Republican lawmakers in the House had quickly closed ranks to pass the House bill. Behind the numbers are values and ideological principles that can be difficult to see. Cutting federal programs that help the poor with subsistence living, such as with food and healthcare, can be said to imply a lack of compassion, especially if defense contractors would be getting more business from the federal government, but two political principles are also in play.

One is the belief that the role of government should not include providing even the basics to people; charities and families should supply basic needs to the poor. Overlaid with that principle is one concerning American federalism, wherein the federal government was originally intended to have very limited powers, and one way of limiting them was to make regulating interstate commerce and providing a common defense primary, with other domains of power being handled by the States. This principle is in accord with the differences between States in an empire-scale federal union of states because the state governments can more tightly match social programs with the political ideology of a majority of the voters in a state than can be done by Congress.

These two principles—the first being more general and the second more particular to the American federal philosophy—are not fully consistent, for according to the federal principle, Congress should take care that the state governments are not crowded out in taxing more so as to take on more in domestic programs—domestic being here within a given state. Whereas the view that the proper roles of government do not include making goods and services available to citizens applies to the States too, the principle of federalism favors expanding the taxing and spending abilities of the States according to how much of an entitlement-providing responsibility each state government wants, as per the relevant political ideology of the majority of the citizens of a state.

Re-balancing American federalism so the States regain some of authority that they once had should include managing the transition especially concerning programs relied on by the poor because they are vulnerable to suffering and even dying by slipping between the cracks. Relatedly, because in at least some of the several States, the majority of people believe that government should supply the poor with necessities, the more general political principle that government itself should not supply goods and services to individual citizens should give way to the second, federal principle. Put another way, were Congress to vote to restrict government itself, then more expansive ideologies in at least some States would be choked off. The general government principle should be decided therefore on the state level rather than by Congress.

Taking a page from the E.U., the U.S. member-states could conceivably be given more responsibility in funding defense beyond just militias, which are armies that the U.S. President can borrow. Not that the head of state of California should step over the federal president on defense policy as Macron of the E.U. state of France did in trying to head the E.U.’s defense policy against Russia in 2025. The defense budget of the U.S. Government could be reduced and the states could do more without the latter superseding the former. Together with transferring more non-interstate-commerce domestic programs to the states, the federal deficits could be reduced. President Reagan failed to rebalance American federalism because he favored the more general restrictive-government-role principle and thus did not facilitate states making up for federal cuts in domestic spending. To be sure, the state governments would have done so to various extents, given their distinct political climates.

Restoring power to the member-states heeds the fact that over a continent and beyond, one size (of public policy) does not fit all (States). Curtailing both federal defense and domestic spending while reducing federal taxation by less than the combined cuts but enough that state taxing abilities would no longer be crowded out from expanding to meet the incoming transfer of programs would put the federal government on the road to fiscal responsibility—meaning being able at some point to pay off its debt—while giving the state governments back more of the authority they had when the federal system was designed and put into operation. The horrendous fiscal imbalance of the U.S. (federal) Government can be interpreted as pointing, in effect, to how imbalanced the federal system itself has become. No one at the U.S. Constitutional Convention envisioned the federal level as handling everything of substance while the state governments become like municipal governments, so it should be no surprise that such a lack of fit would be reflected in a massive fiscal imbalance on the federal level.



1. Bernd Debusmann, “Musk Calls Trump’s Tax Bill a ‘Disgusting Abomination,” BBC.com, June 3, 2025.
2. Ibid.
3. Ibid.

Friday, November 29, 2024

Electing a U.S. President: What Is a Landslide?

A landslide electoral victory in representative democracy is typically limited to the criterion of the extent of the vote-spread between candidates for a given office. In regard to the U.S. presidency, the Electoral College presents an alternative criterion, especially as a significant difference in votes in the College may not be reflected in the popular vote. Although that vote is by member state, the totals from all of the states are typically used to assess whether a landslide has occurred and thus whether the winning candidate has a political mandate to implement campaign promises. Whether a landslide or not, winning an election legitimates a candidate implementing the platform on which a candidate has campaigned. So whether a candidate for U.S. president has a landslide has typically been over-emphasized by American journalists, as if not having a large spread in the popular vote—even if such a spread exists in the Electoral College vote (which is the vote that really matters in the election of a U.S. president)—means that the winner has no prerogative to enact one’s agenda. I contend that even under the assumption that an electoral landslide is important, there are alternative ways of assessing whether a landslide has occurred.

A landslide can be inferred in terms of the extent of a shift from one party’s candidate to that of another. In the election of 2024, over 90% of counties in all of the U.S.’s member states shifted in the direction of Donald Trump from the election in 2020. That the shift took place in so many counties can be reckoned as significant, and thus as a landslide in terms of shift.

Yet another way to interpret whether a landslide has occurred is to compare how many more or less votes a candidate (or party) has received in an election relative to previous election. For instance, “Donald Trump added about 2.8 million votes to his total in his 2024 victory [from the election in 2020]. Vice President kamala Harris, on the other hand, underperformed by about 6.8 million votes compared with Joe Biden in 2020, according to CNN election results as of November 25 [2024].”[1] Viewing Trump’s gain with Harris’s underperformance relative to Biden in 2020 is arguably more revealing than is looking at small percentage-point difference (49.9% to 46.9%) between the two candidates’ totals in the popular vote (158,425, 893 and 154,247, 094, respectively) in 2024.[2] 

Blue: Where Harris Underperformed; Red: Where Trump Gained (Source: CNN)

The tide was coming in for Donald Trump and was going out for the Biden-Harris administration. Harris had said during the campaign that she would not differ from Biden’s policies, so comparing Biden in 2020 with Harris in 2024 is valid. That Harris received almost 2 million fewer votes in California, her home state, than Biden had received there in 2020 is also revealing regarding the depth of the shift away from her in 2024.[3] 

The top line shows California (source: CNN)

Loading only on the 49.9% to 46.9% difference in the overall popular vote totals masks the magnitude and depth of the shift; the 312 to 226 significant difference in the Electoral College in the 2024 election results is a better indication, though the bias toward relatively less populated states that typically vote Republican overstates the real difference that would exist if the number of electoral votes that each member state has were based only on the number of the number of U.S. House representatives rather than adding the number of U.S. senators in too. Therefore, a landslide in the Electoral College can be considered as less legitimate than the percentage spread in the overall popular vote.

Therefore, I contend that measures indicative of the extent and depth of a basic shift pervading all the electorates of the states can be used to assess whether a landslide has indeed occurred. Using this criterion, the 2024 U.S. presidential election can be viewed as a landslide. Contributing factors may include Harris’ decision to continue arms sales to Israel even though the International Court of Justice had ruled that Israel’s entire occupation violates international law. The International Criminal Court would subsequently issue arrest warrants for two Israeli government officials, including Netanyahu. Another factor may have been the failure of the Biden-Harris administration to sufficiently aid Ukraine to forestall territorial advances of Russia in its invasion of the sovereign country. Still another factor may have been the spreading anti-woke reaction and the failure of the Democratic Party to push back on its woke wing in the general election. The Biden-Harris administration’s refusal to apply anti-trust to the meat-producing and grocer industries when prices stayed high after the pandemic may have influenced the working-class voters who had not shifted over to voting based on social/cultural (i.e., woke) issues. Trump’s visual use of an assassination attempt to “Fight” may also have been a factor. In short, the image of Trump’s fist in the air as he was ushered away from his speaking platform with a bloody ear is miles away from the image of half-measures and political calculation. I contend that the indicators of a general shift from 2020 in the election results better reflect these factors than does the small overall percentage-spread in the popular vote for Trump and Harris in 2024.



1. Amy O’Kruk et al, “7 Charts and Maps Where Harris Underperformed and Lost the Election,” Cnn.com, November 27, 2024.
2. Ibid.
3  Ibid.

Thursday, July 18, 2024

Journalism Goes Only So Far in Empire-Scale Democracy

A news story only goes so far; only so much “digging” is possible against a pressing deadline. Moreover, we humans are not particularly good at “connecting the dots” when they are far afield. Through natural selection in an environment in which humans were prey as well as hunters, we are still “hard-wired” to privilege the immediate. So it takes more than a bit of effort to counter this natural predilection in order to make a truly informed judgment that takes into account the relevant tributaries. One such judgment concerns the impact of U.S. President Joe Biden’s age on his fitness to serve a second term.

I submit that after the presidential debate in June, 2024, the American media did not adequately distinguish the issue being how fit the president would be in the future, during a second term, from how he was at the time of the debate (and whether the issue was episodic or of a continuing and gradually worsening condition—the White House had a vested interest in promoting the former over the latter). Even in this respect, the human orientation to the immediate is evident. How the president did a few well-orchestrated appearances in the wake of the debate is relevant if the issue were episodic—one of a bad performance—and the press by in large accepted this paradigm at the expense of asking how the president would be in two or three years—the second term not beginning for six months! Whether the president would be fit in terms of old-age to serve a second term is also not the same as whether he could win the election, yet the media was satisfied to let the latter be the pivotal issue given the political interests of Democrats running for office. The issue concerning the president’s age was how he would be in two or three years, not whether he should immediately resign or whether he could win the election. Both in focusing on particular “performances” and on the political question of whether Biden could win the election, the media was enabling rather than countering the common propensity to privilege the immediacy over the eventual. This orientation to furnishing information to the voters is not conducive to good electoral judgment by any electorate.

Taking the issue to be the president’s likely future fitness to serve a second term, Americans’ horizon could have been deepened in at least two respects. That is, Americans could go beyond their media to consider two additional things.

First, with President Biden down with the “covid” virus, rather than looking for immediate symptoms, people could have recalled that Queen Elizabeth survived the illness itself only to die a year or so after it. After she had recovered from the illness itself, she admitted to two visitors that it had been bad, so it is reasonable to suppose that her death a year or so later came as a result. Given the long-term impact of the virus on organs such as the heart, it is possible that for the elderly who survive the onset of the virus, the life-threatening aspect may kick in a year or two later from a weakened heart muscle. If so, the implications for Biden being able to serve a complete second term should not be ignored or passed over in favor of looking for immediate symptoms. It bears remembering that President Wilson was severely impacted by at least one stroke during his second term, and the White House kept this from the American people. In 2024 just after the June debate, even members of the political elite were angry because Biden’s handlers had kept even just his decline a secret. Perhaps a few news stories on Wilson’s second term could have nudged the electorate in considering what Biden’s handlers might do during a second term.

Second, even in the midst of public discourse on President Biden’s health and age, the media, with the exception of one article by The Washington Post, did not mention that he had had two brain operations for aneurysms in 1988. Although he fully recovered, how or whether the surgeries themselves or the aneurysms could have a negative impact his elderly brain was worth asking following the debate. In short, rather than merely looking at the president’s immediate health, a longer, longitudinal perspective would have been useful, especially as the issue was the impact of old-age on the president’s brain in particular and the surgery had been on his brain.

As to why the media did not include these considerations, the focus on the immediate that is engrained in human nature served not only journalists under pressure to put out a story before a deadline, but also politicians whose political survival instinct to be elected (or re-elected). Whether President Biden could win came to include whether he would take the U.S. House down with him—meaning that the legislative chamber would continue to have a Republican majority. Subjecting Biden’s immediate covid symptoms to coverage and juxtapositioning his slightly increased lethargy with a triumphant Trump at the Republican Convention fit that narrative and the buttressing political interests of the moment. In contrast, whether the covid virus could leave its mark on the president not immediately, but in a year or two, such that he might be more likely to die in his second term did not fit and was thus ignored by journalists and the political elite alike. Whether from collusion or coincident interests, the impact was the same. Up against the human tendency to privilege the immediate and political interests hinging on the 2024 election, the question of whether the president could viably serve a full second term quietly dissipated. Did anyone notice?  I doubt it; the shift was so subtle, and of course in line with our human, all too human propensity to focus on the more immediate.

For the profound thinkers on democracy, a few broader tasks can be suggested to ponder. First, given the human propensity to focus on the immediate, do journalists and media companies have a responsibility to compensate by emphasizing longer-term factors that are relevant to an electorate’s judgment in an upcoming election? If so, should such responsibility be waived if viewers (or readers) simply do not want the less titillating material to be included in the news stories? Against pressure from advertisers, any such responsibility would likely be quickly flailed against the nearest wall without any hindrance from conscience. Second, like the six-year term of U.S. Senators, are there any other structural elements that could be added to the U.S. political system that would counter the hegemony of immediacy in preference to the long-term? Rather than extending the terms of senators even more, or extending the terms of any other elected representative at the federal level, how can the electoral process or system be altered in ways that provide more space for long-term considerations by an electorate? It may be that instituting maximum and not just minimum age qualifications would help, but such a quick fix ought not to relegate the value in analyzing systemic elements of the electoral and governmental systems in terms of whether they lean us toward the immediate. If so, could structural reforms be “invented” that tilt either or both systems to favor medium- and long-term considerations? That the U.S. debt had by 2024 increased to an astronomical figure of nearly $35 trillion—perhaps already a de facto default—suggests that the systems were aligned in favor of the human propensity to emphasize instant gratification over the long-term viability of a republic (or a republic of republics, as in the cases of the U.S. and E.U.).

Monday, December 11, 2023

On the Role of the U.S. Supreme Court in Safeguarding the Peaceful Transfer of Power

In the E.U., the state governments and federal institutions can ask the European Court of Justice (the ECJ) for an opinion on a legal matter. This is rare in the U.S., though waiting for a dispute to winds its way formally through district and appellate courts may be unduly bureaucratic, not to mention lengthy. On December 11, 2023, Special Counsel Jack Smith asked the U.S. Supreme Court the ECJ’s counterpart, to decide whether the former U.S. president Donald Trump had any immunity from criminal prosecution of his involvement in the riot at the U.S. Capitol that interrupted the formal counting by a joint session of Congress of the Electoral College presidential ballots. The trial was set to begin the following March, and the question of the former president’s immunity had to be decided before the trial could begin. Hence the “extraordinary request,” which I contend should not be extraordinary given the time frame and the important role of the highest court in safeguarding American democracy from domestic threats.

The prosecutor asked the U.S. Supreme court to review district Judge Tanya Chutkan’s ruling that Donald Trump is not immune from “the election subversion prosecution case.”[1] Trump’s lawyers had argued that Trump’s actions in speaking outside the White House on January 6, 2020 were part of his official duties because he was protecting the American democratic system from alleged vote-fixing by Democrats. Chutkan rejected that argument, pointing out that the speech was oriented to Trump’s re-election and thus was not part of a president’s official duties—efforts to secure another term extend beyond the performance of the office within the current term of office.  Essentially, applying to continue in an office is not a function of the office. Chutkan classified Trump’s speech as falling under the rubric of campaign speeches even though the election had passed because he was using the speech to try be re-elected by Congress (by disputing the authenticity of several state electoral ballots).

To be sure, it was not as if Trump went with the option that he was considering of surrounding the Capitol with tanks—something President Nixon had also considered doing in 1974 during the Watergate scandal, which by the way ended up prompting him to resign. Instead, Trump was trying to throw the election to the Congress by pressuring it to vote on the validity of several of the Electoral College ballots that had been submitted by the state governments to be counted. The U.S. Constitution does give Congress a role in presidential elections, both in certifying the ballots and electing a president outright if no candidate gets a majority of the Electoral College votes. Had there been evidence of significant election fraud that would justify Congressional votes on the Electoral College ballots from several key states such as Arizona, Pennsylvania, and Michigan, then Congress could have intervened while staying within the constitutional framework. It was Trump’s way of applying pressure, by instigating a mob to disrupt the official counting, that resulted in the federal indictments that run just short of insurrection. By the way, I asked a judge on the D.C. district court why he thought Trump had not been indicted on insurrection. “It’s too messy,” he replied. “Isn’t that charge and a conviction based expressly on it necessary for someone to be barred from running for office in the U.S.?” I asked. “No,” the judge replied. “A judge in Colorado is looking at that now,” he added, presumably without there being a trial. It’s a pity that no one asked the U.S. Supreme Court to rule on what a Colorado judge was doing in lieu of a trial on the facts decided by a jury.

Perhaps even more than the presumption of innocence unless convicted of a crime, the rule of law applied even to U.S. presidents is vital to American democracy. Writing to the U.S. Supreme Court, the prosecutors with the special counsel insisted that “nothing could be more vital to our democracy” than holding a former U.S. president accountable for breaking a law.[2] Indeed, a “cornerstone of our constitutional order is that no person is above the law. The force of that principle is at its zenith where, as here, a grand jury has accused a former president of committing federal crimes to subvert the peaceful transfer of power to his lawfully elected successor.”[3] Many democracies have turned into military dictatorships precisely because the peaceful transfer of power was not respected. With a past of rule by kings, both domestic and colonial, many African countries have had trouble with the peaceful transfer of power. As a result, the foreign direct investment of multinational corporations has not been as large as the continent would need to develop economically. Even though it was hard to imagine a military coup in the U.S. in 2023, the precedent of a president getting away with having violated the U.S. Constitution could begin a slippery slope downward. More than sufficient grounds existed in 2023 for the U.S. Supreme Court to fast-track the question of Trump’s immunity.

The question of whether the trial could go forward was subject to time constraints; were the trial date of March, 2024 delayed pending the question of Trump’s immunity from prosecution going through the lengthy appellate process, the question of Trump’s guilt could still be unanswered by the next presidential election, in early November, 2024. Even though several presidential candidates were insisting that they would support a convicted felon for president, presumably voters would want to know whether Trump had committed a crime in attempting to thwart the results of the 2020 presidential election before casting their respective ballots.

Hence, the prosecutors wrote to the U.S. Supreme Court, “Respondent’s appeal of the ruling rejecting his immunity and related claims, however, suspends the trial of the charges against him, scheduled to begin on March 4, 2024. . . . It is of imperative public importance that respondent’s claims of immunity be resolved by this Court and that respondent’s trial proceed as promptly as possible if his claim of immunity is rejected.”[4] The public importance has to do with the electorate having as much information as possible concerning the charges against the presidential candidate before going to the polls that upcoming November.

The fast-tracking would not be without precedent. In US v. Nixon (1974), the U.S. Supreme Court fast-tracked the question of Nixon’s claim of presidential privilege in being immune from a Congressional subpoena for the Oval Office tapes. “In that case, the high court moved quickly to resolve the matter so that one f the Watergate-era cases could proceed swiftly.”[5] It was not long after the ruling that the White House handed over the tapes to a congressional committee, and Nixon’s political fate was doomed from that point. Indeed, the difference between Nixon’s public persona and what he had been saying behind closed doors stunned many Americans who had no idea that even a “law and order” president could have such a squalid criminal mind. The public interest in furnishing the American electorate in 2024 with as much crucial information as possible on one of the presidential candidates can thus be appreciated. It should not be “extraordinary” for the U.S. Supreme Court to see to it that Trump’s federal trial could take place in time for the 2024 presidential election. Winding down the clock, to use a sports analogy, should not be a tactic that any defendant in a criminal trial should be able to use effectively, especially if accountability protecting the peaceful transfer of power is at issue.


1. Hannah Rabinowitz and Devan Cole, “Special Counsel goes Directly to Supreme Court to Resolve Whether Trump Has Immunity from Prosecution,” CNN.com, December 11, 2023.
2. Ibid.
3. Ibid.
4. Ibid.
5. Ibid.

Wednesday, January 27, 2021

Arizona’s Dysfunctional Business and Governmental Culture Creates a Crisis in the Coronavirus Pandemic

On January 15, 2021, the New York Times reported that Arizona had the highest 7-day daily average per capita of deaths and new cases of the new coronavirus, covid-19.[1] On one day, Arizona had 11,324 new cases.[2] “We’re the hottest spot in the U.S. and among the hottest spots in the entire world,” said Keith Frey, the chief medical officer for Dignity Health’s Arizona division.[3] “If we don’t slow this down over the course of the next days and weeks, then we will be fully into that crisis zone,” he added.[4] It would be a crisis of the state’s own making, and thus preventable but for the local culture at least in the Phoenix metro area. In other words, the crisis did not happen to Arizona; rather, the crisis was in large part homemade, and can thus be used as a window into a dysfunctional culture in the United States.
In spite of county and municipal laws and company policies on wearing masks in stores and on public transportation (buses and the light rail), many stores and the mass-transit company forbid employees from even asking incoming customers to wear a mask (or wear one correctly over the nose and mouth). Grocery stores were particularly problematic, with even their own employees walking around with impunity without masks on (properly). “We don’t enforce that requirement,” a grocery-store director told me. How, then, can the policy be considered to be a requirement? “It just is,” a store manager told me. That wearing masks was not only a company requirement, but also a city and county law was of no interest to the manager. “We don’t enforce the law,” he quipped. “But you are violating it by letting people in who are not wearing masks,” I retorted. This was not his concern.
The Phoenix metropolitan mass-transit company, and thus its two subcontracted bus-operating companies, also had a policy forbidding employees from enforcing the company’s own requirement and the local law. Some bus drivers would even not wear a mask or wear one without covering their noses and mouths! Some light-rail security employees subcontracted by the mass-transit company wore their masks over their chins too, as did a significant proportion of the rail passengers. Some security employees asked passengers to wear their masks correctly, while most of those employees did not. The notion that masks were required on the trains was a farce, and yet notwithstanding this, the company’s representatives had no problem defying logic itself by insisting that masks were required.  It was as if the company policy and the county law mandating masks on public transportation simply did not exist, and yet they did. “It’s not really a law,” a customer-service employee told me. Why? Because the county doesn’t have a legislature and only one of them can pass laws. The county board was apparently extra-governmental in nature.
Both retail and the mass transit were exploiting an exception, that of medical exceptions, to invalidate the rule. Incredibly, the stores and mass-transit company used this exception to justify refusing even to ask customers and passengers, respectively, to cover the nose and mouth area with an existing mask. People with medical conditions exempting them from wearing masks would not have masks on. The absurdity of allowing an exception (e.g., a medical condition) to condemn a requirement was permitted in the dysfunctional culture and amid a lack of accountability by regulators.
The problem was exacerbated by the political extremism that was salient in the state. A steadfast refusal to obey the law on wearing masks had a significant role in the number of people not wearing masks in stores and on public transportation. Such people could easily exploit the managerial incompetence both in retail and mass transit. It does not take long to realize that an intentionally-unenforced requirement is not a requirement, even if this point is not grasped by company managers. Yet the managerial dysfunction enabled this condition to go on for almost a year as of January, 2021. In such a political culture wherein a significant proportion of residents believe they are justified in breaking the law and ignoring company policies, it can be reckoned as inexcusable for companies to follow the invalid logic that the existence of an exception invalidates a rule (or requirement). In other words, it is negligence pure and simple. The lack of accountability, which was well-ensconced in the culture within companies as well as between businesses and local and state government, enabled the corruption that gave the virus the upper hand. It was as if the locals could not help themselves.
Moreover, the local culture wherein political extremism was salient allowed for the erroneous belief that the public good is simply the aggregate of individual wills. Where enough wills decide not to wear masks indoors in public and on public transit, the aggregate public good falls short of being above the ability of the virus to spread. The public good as merely the aggregate of individual wills thus is not good enough; it falls short of what the public good actually is (e.g., being greater than the ability of the virus to spread). The understatement of the public good can be understood too as the belief that the general will (e.g., Rousseau) is reducible to the aggregation of private wills.
The good of the whole, I submit, is more than the sum of the individual parts because some parts may even detract from the public good and thus understate it if it is taken to be merely the aggregation of individual wills. That the market value of a product is determined by the aggregate supply and demand does not mean that the public good is likewise determined. For one thing, the market value of a product is in a closed system (the aggregate supply and demand) whereas the public good is open-ended. In other words, the public good can be higher than the aggregate of the individual wills would have it because enough private-benefit-only wills can detract appreciably from what is the good of the whole. If enough people refuse to wear masks indoors in public places, and stores and even governments look the other way, the result is significantly below the good of the whole, which in this case is stopping the coronavirus. By its self-inflicted crisis, Arizona was functioning well below its own good, and a highly dysfunctional local mentality is to blame.



1. Jordan Allen et al, “Coronavirus in the U.S.: Latest Map and Case Count,” The New York Times, January 15, 2021.

2. Alicia Caldwell and Ian Lovett, “Arizona Is America’s Covid-19 Hot Spot and on the Brink of Crisis,” The Wall Street Journal, January 15, 2021.

3. Ibid.

4. Ibid.


Saturday, October 31, 2020

Deficit Reduction and Tax Breaks: Rhetoric and Priorities

Actions speak louder than words. A tree is known by its fruit. Where your treasure is, therein lies your heart. These three sayings each have at their root a value on integrity or authenticity that cuts through purported assertions designed to manipulate or otherwise mislead. Integrity here is consistency between word and deed. When members of Congress have cried that the sky was falling under the weight of the annual deficits and the accumulated debt of the U.S. Government, a person might ask by looking at the actual votes on legislation whether the representatives really considered the fiscal imbalances as so dire. If someone exclaims that her house is about to explode but does not act accordingly, such as in running out of the house rather than finishing dinner, it is reasonable to doubt that the person really believes that a blast is imminent. In protecting tax breaks even amid a deficit of over $1 trillion in 2011, members of Congress belied their own warnings concerning the American governmental debt crisis. The American people as a whole let their representatives get away with the Janus-like stances, and this in turn eventually allowed the U.S. Government debt to exceed $20 trillion. 
Generally speaking, a crisis truly acknowledged does not admit the luxury of granting the status quo a continuance. In other words, if the elected officials really did view the trajectory of deficits as unsustainable in 2011, then continuing the tax breaks would have been off the table. In prioritizing protecting constituent interests by tax breaks and by insisting that deficit-reduction is only to be accomplished by spending cuts, a member of Congress is actually saying that the deficit/debt problem is not really a crisis. 
So when the U.S. Senate Republican leader, Mitch McConnell said in 2011 that he was open to ending tax breaks for special interests yet without including those of his constituents, he undermined his insistence that the deficit must be significantly reduced.  He argued that the tax break that he had secured in 2008 for the owners of thoroughbred racehorses was essential for the protection of jobs in Kentucky. Of course, the financial interests of racehorse owners were not necessarily in line with—or reduce to—the protection of jobs. In political diction, the interests of capital hide behind those of labor even while going after those interests in private so as to maximize profit. That is to say, subterfuge may be the name of the game in the public square. The same can be said of Senator John Kerry, Democrat of Massachusetts, who claimed to want to eliminate tax breaks except for a proposal for a tax cut for small breweries, such as Samuel Adams in Boston. The deficits must not be such a big problem if the U.S. could afford additional tax cuts. At the time, mega-wealthy “operations like oil refineries, Hollywood productions and hedge funds have all profited” by tax breaks.[1] Tax breaks for industries in general added up to an estimated $123 billion a year—hardly chicken feed.
The “disconnect between the lawmakers’ words and deeds" reflected the hurdles that Congress and the White House faced as they looked to cut at least $1.2 trillion from the government's debt.[2] Talk of cutting tax breaks to raise money and reduce the debt had become a mantra in Washington, but it threatened sacred ground; "such breaks are a favorite tool among both Republicans and Democrats to reward supporters and economic interests in their home states.”[3] Given Fed chief Ben Bernanke's remarks on October 4, 2011 before the Joint Economic Committee of Congress that even reducing the debt by $1.2 trillion would not be enough, talk of protecting favorite tax breaks undercuts any claim that the public debt is a dire problem. To be sure, obviating another recession was also on Congressional minds. However, even as he was urging Congress to act in order to avoid a double-dip recession, Bernanke said of deficit-reduction efforts, "More will be needed to achieve fiscal sustainability."[4] That is to say, the U.S. Government could lose even its AA rating. Risking this by protecting local interests is short-sighted; it is like a biker accelerating down a hill while looking only a few feet ahead. We might save a few deck chairs for weary passengers, but what about that iceberg ahead? Is anybody even looking?
I contend that we, the electorate, ought to accord claims of crisis as valid only if sacred ground is given up. “Whether any of [the tax breaks] are scrubbed from the books may ultimately prove how serious Congress is about reducing the debt.”[5] It is the price of admission, as it were, to having a legislator’s claim of a serious problem being recognized as authentic rather than as possibly just hyperbolic, attention-getting rhetoric.
Without a verifiable indication of some actual give on a sacred cow, a legislator should be told, “prove it!” regarding his or her claim on the necessity to reduce the deficit. If no such sacrifice is proffered and made, then the politician ought to be ignored as if he or she were crying wolf. Otherwise, we enable two-faced Janus behavior that undermines public confidence in the government and misleads us into being too confident that the serious problems are being solved. The American electorates as well as the media companies are perhaps too accustomed to letting our elected legislators off the hook by taking their words at face value as if they were self-validating. In the case of the U.S. Government’s continuing deficits and accumulated debt, the United States can ill-afford other priorities (even in terms of presumed GNP and job increases) coexisting antithetically with the baleful platitudes of crisis if the imbalances truly are unsustainable and a danger to the American union and its republics. That is to say, given the magnitude of the problem, the members of Congress should be held closer to account in terms of deeds matching words. Priorities, the making of which is part of the job of a legislator, should match the rhetoric in front of the cameras.


1. Ron Nixon and Eric Lichtblau, “In Debt Talks, All Tax Breaks Are Not Alike,” New York Times, October 3, 2011. 
2. Ibid.
3. Ibid.
4. Jon Hilsenrath and Luca Di Leo, "Bernanke Issues Warning, Urges Action on Economy," Wall Street Journal, October 5, 2011. 
5. Nixon and Lichtblau. 

Monday, December 9, 2019

Two Sizes Fit All: America’s Two-Party-System Stranglehold

A Rasmussen Reports poll conducted in early August 2011 found that “just 17% of likely U.S. voters think that the federal government . . . has the consent of the governed,” while 69% “believe that the government does not have that consent.”[1] Yet an overwhelming number of Congressional incumbents is reelected. Is it that many Americans stay away from the polls on election day, or does the two-party system essentially force a choice? Voting for a third-party candidate risks the defeat of the candidate of the major party closest to one’s views. Such a vote is typically referred to as a protest or throw-away vote. Is it worth driving to the polls to do that?
A poll of 1,000 Americans conducted by Douglas E. Schoen LLC in April 2011 found that a solid majority of Americans were looking for alternatives to the two-party system. A majority of the respondents (57%) said there is a need for a third party. Nearly one-third of the respondents said that having a third party is very important. In the next month, 52% of respondents in a Gallup poll said there is a need for a third party. For the first time in Gallup’s history, a majority of Republicans said so. These readings point to more than simply a desire to vote against the closest major party without merely being a protest or throw-away vote.
Even as Republican and Democratic candidates were at the time in tune with their respective bases, these two segments of the population were becoming two legs of a three-leg stool, rather than remaining as the two defining pillars holding up the American republics. In fact, with the number of independents growing, the two bases combined no longer made up a majority of the citizens able to vote.
To be sure, the electoral systems of the American states and the federation itself have been rigged against  aspiring third parties. For example, a Green Party presence in the U.S. House of Representatives would require one of that party’s candidates to snag the highest percentage of the vote in one of the 435 legislative districts. Were fifteen percent of Floridians vote for Green Party candidates in every House district, Florida's delegation would still not include any Green Party presence. In terms of the Electoral College, many of the states have a winner-take-all system in selecting electors. Furthermore, a third-party candidate doing well in electoral votes could keep none of the candidates from getting a majority, in which case the U.S. House of Representatives would elect the U.S. President (each state delegation getting one vote). A third party would have to be dominant in that chamber, or at least in a few of the state delegations, to have any impact. The proverbial deck, ladies and gentlemen, is stacked against any third party, so merely getting one started is not apt to eventuate in much of anything, practically speaking. For fundamental reform, one must think (and act) structurally, and Americans are not very good at that, being more issue- and candidate-oriented.

The real elephant in the room is the fact that the two animals are the only ones allowed in the room. Image Source: Wikimedia Commons

If the American political order has indeed been deteriorating and disintegrating, its artificial and self-perpetuating parchment walls might be too rigid to allow the vacuum to be filled by anything less than whatever would naturally fill the power-void in a complete collapse. The two major political parties, jealously guarding their joint structural advantages, have doubtlessly been all too vigilant in buttressing the very walls that keep real reform—real change—from happening at the expense of the vested interests. As a result, the electorate may be convinced that it is not possible to venture outside of the political realities of the two major parties that stultify movement. If a majority of Americans want a third party, they would have to apply popular political pressure to the two major parties themselves to level the playing field. A huge mass of dispersed political energy would be necessary, however, given the tyranny of the status quo. Indeed, such a feat might require going against the natural laws of power in human affairs. If so, the already-hardened arteries will eventually result to the death of the "perpetual union." Sadly, the determinism is utterly contrived rather than set by the fates.

1. Patrick H. Caddell and Douglas E. Schoen, “Expect a Third-Party Candidate in 2012,” Wall Street Journal, August 25, 2011.

Thursday, August 22, 2019

Limits to Overused Fiscal and Monetary Policy Can Result in Self-Induced Governmental Impotence

“The [U.S.] federal budget deficit is growing faster than expected as President Trump’s spending and tax cut policies force the United States to borrow increasing sums of money.”[1] This observation was made just after the Federal Reserve Bank relented under pressure from the White House to lower interest rates because bond investors had been investing with a possible future recession in mind. With the U.S. Government’s accumulated debt standing at $22.4 trillion and interest rates already low, the limits to both fiscal and monetary policy were apparent even if most Americans in the political and business elite were focused on avoiding a possible recession in 2020.

According to the Congressional Budget Office in August, 2019, the federal deficit for fiscal 2019 would reach $960 billion; the deficit for the next year would reach $1 trillion.[2] Back during the Reagan administration in the 1980’s, deficits were in the hundreds of billions and the debt was in the trillions. It would seem that the fiscal imbalance had gotten worse since then, in spite of the fact that recessionary periods were greatly outweighed by stretches of growth. In fact, the U.S. in 2019 was in its longest period of economic expansion. Yet the deficits and thus debt rose rather than dropped. President’s tax cuts in that period of expansion played a significant role. Tax revenues for 2018 and 2019 fell more than $430 billion short of what the Congressional Budget Office had predicted.[3] In August of 2019, the president made public his consideration of payroll tax cuts just to guard against a possible recession (especially if one should hit before the next election day).

Using recessionary fiscal tools during an economic expansion means the deficits in good times won’t counter those in bad times. The result in the case of the U.S. has been a steadily increasing accumulated debt, rather than a debt from bad times being paid off in good times. That’s the fiscal theory, but it ignores the insatiable desire for instant gratification in human nature that can easily find power in a representative democracy. Accordingly, the use of leverage, or debt, by a democratic government should be extremely limited; tax cuts during periods of expansion can be seen as a red flag that a government has already gone too far.

Fortunately, lower than expected interest rates even before the Fed’s announced rate cut in August, 2019, reduced the amount of money the U.S. Treasury had to pay to its borrowers. So the public as well as policy makers could conveniently overlook the fact that the projected deficit for fiscal year 2019 was 25% higher than the prior year’s deficit. One weakness of a democracy is that if things look ok on the surface, needed work on the fundamentals—the substratum—will likely be put off. It’s more understandable that the electorate would have this weakness—less so for the elected representatives who know or should know the fundamentals and look out for the fiscal balance of the government. Speaking of balance, it is interesting that the federal system too was so much out of balance with the federal level holding most of the governmental power even though the States technically still had residual sovereignty. In other words, the tremendous fiscal imbalance can be viewed as an indication or manifestation of a more fundamental imbalance in the U.S. system of governments. In contrast, the E.U. suffered from an imbalance in the other direction, as the state governments anxiously guarded most of their powers.

See: Skip Worden, Essays on Two Federal Empires. Available at Amazon.

1. Jim Tankersley and Emily Cochrane, “Budget Deficit Is Set to Surge Past $1 Trillion,” The New York Times, August 22, 2019.
2. Ibid.
3. Ibid.

Friday, April 5, 2019

On the Unitary and Imperial American Presidency

In December 2009, Abdullah II, King of Jordon, dismissed the prime minister and replaced him with a palace aide and loyalist, dissolved Parliament, and postponed legislative elections for a year.   For all the defects of a representative democratic system, it is far superior to autocratic rule, especially by a dictator.   It is natural for people to resist preemption. “The nature of humans is they want democracy,” said Ali Dalain, an independent member of the Parliament that was dissolved. “One person cannot solve all problems and cannot make everyone happy, so people must share in determining their fate.”[1] These quotes are revealing from the standpoint of the unitary and imperial American presidency. 
   
Regarding “one person cannot solve all problems,” the American theory of the unitary executive and, moreover, the imperial presidency can be challenged. The unitary executive means that one person as president is better than a presidential council, for example. In a council, it may be difficult to reach a final decision, which is a drawback especially in times of emergency. Hence, the president's role as commander in chief has been tied to the unitary executive model. However, the emergency card has, I submit, been overplayed. A better reason is that a final say may be needed on contending military plans, but a council's majority could be taken. Most importantly, one person can be wrong, even in military matters. Would President George W. Bush have been able to link Iraq to the attack on September 11, 2001 and thus invade the country and occupy it for years had a presidential council have had to sign off? To be sure, only Congress can declare war, for it is a conflict of interest for the commander in chief to do so. Yet the fact that such commanders have been able to unilaterally begin military engagements means that the problem of one person being wrong should be taken seriously.  

The imperial presidency refers to the increase in presidential power in the twentieth century in the U.S. This has been at the expense not only of Congress, but also the state governments, given the federal power of preemption. In proposing laws, the president depends theoretically on Congressional leaders to steer the legislation through the lawmaking machinery. Should the Congress pass an alternative, the president can veto it, yet this does not mean the president's own proposal becomes law. So, constitutionally, the relationship seems balanced, and ample opportunity for voices exists. Even so, the president has an edge on Congress in that the latter goes on recesses whereas the West Wing is always working (though the same could be said of congressional staffs). So more to the point, the president is nearly always in the spotlight--relative even to individual senators--and thus can mold public opinion. 

Given the increased power of the presidency, it can be argued that too much power has come to be in the hands of one person. Human nature may not handle wielding so much power very well. The Stanford experiments in the 1960's on the abuse of power testify to the problem. Whereas the presidency may have a figure head without running into this problem, spreading out the power may fit better with how humans are constituted, especially those humans who suffer from ailments such as malignant narcissism. A presidential council could put a check on such a person, especially if he tends to lose control of his urges of the moment at the risk of the reputation, at least, of the presidency and the U.S.  

Disassociating the presidency from "one person" could also disspell any associated hero worship that has held on from ancient king-worship.  This tendency is evinced not just when a president is sworn in, but also when he gives the State of the Union address. Contributing to the problem, the media obsesses on his every move, including what he is doing on vacation.  

1. Michael Slackman, "Jordan's King Remakes His Government," The New York Times, December 22, 2009. 

Tuesday, March 19, 2019

Including Voter Judgments on Broad Policies in Elections: An Expansion of Active Popular Sovereignty

Days after the 2018 Congressional elections in the U.S., the Minority Leader and soon-to-be Speaker of the House of Representatives, Rep. Nancy Pelosi, declared, “Healthcare was on the ballot and healthcare won.”[1] As the new Democratic-controlled House worked on a budget the next Spring, Pelosi was still insisting that healthcare was what that election was about. Perhaps she based her statement on exit polls in which most voters claimed that they had voted chiefly the basis of candidate positions on healthcare. This does mean, however, that the voters voted on healthcare, for as only a choice of candidates could be made, the voters were left with inferring or even hoping that the favored candidate would act on, or at least stay with, his or her position on the issue. I contend that the next leap in the theory and practice of representative democracy could be to no longer keep an electorate, the popular sovereign, limited to selecting among candidates.
I don’t believe that the American voters, as a group—perhaps just of the minority of eligible voters who cast votes—do very well in assessing candidates and making a judgment. According to CNN, “Who the candidate is, really, plays an absolutely critical role in the presidential decision.”[2] Did the voters who had voted for Richard Nixon have even a clue regarding who the man really was (i.e., a criminal)? Did the voters who voted for Don Trump know enough about his personality to make a good judgement? I am not qualified to assess the mental health of those men. I doubt that voters who have very limited, even superficial information on a candidate via the media, and perhaps a bit more information, albeit mostly on policy, from listening to a full speech, can viably include whom the candidates really are in the voting judgment. Not even U.S. Senator Elizabeth Warren’s sharing of a bad economic experience during her childhood tells us much about whom she is underneath. At the time, an editor at CNN referred to the personal sharing as a glimpse into Warren herself and what was motivating her to run for the federal presidency. “At root,” the editor continues, “people usually vote for president based on a belief that the person they are choosing ‘gets’ them in some fundamental way.”[3] Can we assume that Warren identified with, or had compassion for, poor people several decades after her family’s economic plight? Time and a drastically changed financial situation can both change a person. It was possible that the emotional sharing on prime-time television before a live audience could have been impacted by the nature of this medium of delivery (i.e., by enabling acting). After all, “that retelling of [Warren’s] childhood [was] a staple of Warren’s stump speech,” which, by the way, the vast majority of the presidential electorate will not have heard by election day. So to just get nominated by a major party, a candidate, at least in the 2020 campaign season, had “to be able to perform when the bright lights come on and everyone is watching.”[4] What an audience gets from a candidate under the bright lights is likely to be superficial from the standpoint of whom the person really is.
From the Nixon-Kennedy debates in 1960, even Nixon’s pale, sweaty face was not enough for the audience to conclude much about the man himself. Could all of his crimes in office have been predicted? That his “checker’s speech” was generally deemed to clear him of corruption in voters’ eyes suggests that even in the face of a candidate’s checkered past, the American electorate (and the media) was naïve. Is it asking too much to suppose that voters watching the Trump-Clinton debates in 2016 could have suspected how Trump would behave personally while in office (putting aside the question of corruption)? I think so.
So why has the American electorate been limited to selecting candidates, giving them the power to go back on policies that they have advocated during a campaign? In other words, if the electorate has not known the candidates (e.g. what makes them tick), it seems foolish for elections to rely so much on voters selecting candidates, who, because they are unknowns underneath, cannot really be relied on to follow through on their campaign platforms.
Because popular sovereignty, the authority of a people as a whole, supersedes a government’s sovereign in a representative democracy, the people should be able to expand their active use of their sovereignty over that of their government by including their judgments on major public policies, or “issues,” in voting.  For example, the voting electorate could say yea or nay on whether Medicare should be expanded to all as a single-payer system, and whether health insurance should be entirely private. Hopefully the American electorate would not be schizophrenic in answering yes on both!  Whereas the private health-insurance industry may have an inordinate influence on elected legislators due to lobbying and campaign contributions, even on policies in which a clear conflict of interest exists, an electorate could restore its primary influence by expanding ballots to include decisions on broad policies, which the elected representatives would then implement. Should Congress and the president implement a tax cut (the details to be worked out by the officeholders)? Should taxes be raised or spending cut, or both, to reduce budget deficits? Congress and the president would still have substantial power (i.e., discretion) in implementing such broad policies. The American electorate could even have re-elected George W. Bush in 2004 and voted to end the war in Iraq. The president would have had to abide by the vote on his prize issue.  So the expansion in the exercise of popular sovereignty would need the protection of law—most properly a constitutional amendment.
The reduced reliance on voters assessing candidates and judging between them would be beneficial in itself, given the difficulties in knowing the candidates themselves, and the expansion in the electorate’s sovereignty would re-prioritize the electorate over its representatives tasked with implementing broad policy directives. I would even say that American voters would be better at making broad policy judgments than picking candidates. I submit that American democracy has been designed to counter or even block what an electorate is best at, while funneling all of its influence through what it is worse at!
Especially in cases in which the electorate is large, the proportion of which that really knows the candidates is small. Hence the Electoral College in the U.S., where the electorates of the states elect a small number of electors to vote for president. Unfortunately, that has not worked since the beginning, as parties took over the College. The Anti-federalist stance that most governance should be done at the state level where the districts are smaller than at the federal level was justified by the belief that voters in a small district tend to know the candidates better than do voters in a very large district. The U.S. went on to become a very large district, with over 310 million people by 2015. How many of those people could possibly have the real story on Hilary Clinton or Don Trump?
By the twentieth century, even the state level could have been considered to be too big, yet no state adopted a federal system made up of what Europeans call regions or provinces. Interestingly, the E.U.’s principle of subsidiarity pushes decisions to the state or local level if feasible; the people are literally closer to their state governments that that of the E.U. The states in both empire-scale unions could improve democracy by federalizing themselves. Meanwhile, federal elections in both unions could be widened both conceptually and in practice to include judgments on policies, which voters are able to make, so as to take the pressure off the importance of selecting the better candidate. The percentage of eligible voters might even increase if voting on policies is found to be more interesting than just voting on candidates. If I am correct, the office-holders have been allowed to have too much power at the expense of their respective electorates, which have had too little, whether unwittingly, voluntarily, or beguiled/pressured by their own agents.

See Essays on the E.U. Political Economy and Essays on Two Federal Empires. Both are available at Amazon.



[1] Kimberly Leonard, “Nancy Pelosi: ‘Healthcare was on the ballot and healthcare won,” The Washington Examiner, November 7, 2018.
[2] Chris Cillizza (CNN’s Editor-at-large), “Elizabeth Warren Just Had Her Best Moment of the 2020 Campaign,” CNN.com, March 19, 2019 (accessed same day).
[3] Ibid.
[4] Ibid.

Monday, March 4, 2019

President Obama's Proposal to Rescue States: Unattended Problems in American Federalism and Human Sustenance

In 2011, President Obama proposed "to ride to the rescue of states" that had borrowed billions of dollars from the federal government to continue to pay unemployment benefits during the economic downturn. His plan was to "give the states a two-year breather before automatic tax increases would hit employers, and before states would have to start paying interest on the loans." Many of the states had begun the recession with "too little money in their unemployment trust funds'" Those states "quickly ran through what little they had as unemployment rose and remained stubbornly high month after month. With their own trust funds depleted, 30 states borrowed $42 billion from the federal government to continue paying unemployment benefits." These states were facing an estimated $1.3 billion in interest payments to Washington due in the fall of 2011. The President’s proposal also included raising the minimum taxable wage base from $7,000 to $15,000 in 2014. "The rate of the federal portion of the unemployment taxes would then be lowered, so the proposal would not raise federal taxes on states that do not owe the federal government money. But it would speed the rate at which states that do owe money repay the federal government, and allow states to collect more unemployment taxes to rebuild their trust funds if they do not lower their tax rates." By February, 2011, eighteen states had already raised their minimum taxable wage base to $15,000 or more, according to the National Association of State Workforce Agencies. Iris Lav, an adviser at the Center on Budget and Policy Priorities, said that the unemployment system was “a constellation of problems" that needed to be solved." She added that the near-term problem was the economy, and "both the interest payments and the principal repayments are [were] cutting into employers, and it [made] great sense to postpone them." The larger question was how to "get states to solvency.”[1]

Analysis of the proposal:

The proposal itself makes sense from the standpoint of getting thirty states out of a tight fix at the time. The debate on whether taxes should go up in 2011 or 2014 was less important than attention to the larger structural fault-lines, which are only hinted at in the President's proposal to ease up on States in debt at the time due to their participation in the unemployment compensation system. To be sure, it is important to note that having extended the length of unemployment-compensation's term to cover the length of the recession following the financial crisis of 2008 required either higher taxes or more debt. Both Reagan's and (George W) Bush's tax cuts had not paid for themselves, so a tax cut, especially during the severe recession, would not have covered the bill. What is good for people and companies facing high tax bills is not necessarily in the public good, and thus good public policy. Even so, I want to stress the larger structural fault-lines that are implicit in the President's proposal, for subterranean tensions rarely reach the surface of a society's consciousness. 
First, under the proposal, the "rescue" was to be limited to the states' respective debt from paying unemployment compensation; neither the Federal Reserve nor the U.S. Government would have been able to come to the rescue of the states concerning their entire deficits and debt. In fact, due to the "crowding out" tax effect, the more that the U.S. Government takes in, the less the state governments can politically raise taxes to cover their respective deficits and debts. Moreover, implicit in the notion of coming to the rescue of is the dependence or lower position of the rescued. In a viable federal system, neither the federal government nor state governments is subservient to the other, for otherwise both could not serve in the systematic role as a check on power. 
Perhaps the "cooperation," or intermixing, of the two government systems (that of the states and that of the federation) in the unemployment system is problematic because it gives the U.S. Government a way to dominate the states. According to Jacobs and Karst, “It is the preservation of the balance between the central authority and the constituent states that is the essence of federalism.” Yet, “[i]n the American federal structure the central authority is stronger."[2] Rescuing thirty states attests to the overweening power of the federal head, and thus the imbalance that is so problematic in the long term to a federal system of checks and balances.[3] 
Ken Wheare claimed in his text, Federal Government, that maintaining at least one autonomous domain for the states is sufficient for a viable federal system of dual-sovereignty. I disagree; a state with one power and otherwise "surrounded" by a federal government with many is not de facto semi-sovereign even if so de jure. In his text, Wheare's statement is utterly inconsistent with his other contention that the two systems of government in a federal system must be able to act as a check on each other. Balance is simply not possible if the state governments have only one or even a few areas of sovereignty whereas the federal government has many and can even pre-empt states from legislating in an area in which the federal legislature has no intent to play an active role legislatively!
To the extent that President Obama's proposal was debated in terms of rescuing the thirty states and whether to raise taxes in 2011 or 2014, the discourse failed the opportunity to include the broader questions pertaining to what is necessary to preserve the American federal system; the superficial debate meant blindly sitting by once again while the political consolidation of a diverse continent proceeded full throttle ahead to a "one size fits all" federation.  The building pressure from the unaccommodated natural diversities would go on, likely to explode one day. 
Second, the fitness of the unemployment-compensation system itself, being limited to helping the unemployed for discreet periods often shorter than a recession, is not touched on in the proposal. For instance, the X-weeks limit of compensation as the program's default could have been addressed, as it treats "convenient" things like food, rent and utilities as though they were optional commodities that could be skipped after the Xth week on unemployment-compensation. In short, the matter of necessities being conditional warranted debate because of the underlying assumption that the very survival of a human being is (or should be) conditional. Doubtless it is in Hobbes' state of nature, but even he accepts a right of self-preservation even under a Leviathan. In other words, the natural urge to preserve oneself is not conditional, so a conditional government program covering basics is not natural or in sync with human beings.  
Relying exclusively on business to bring an economy to full employment is problematic in that that goal has rarely been achieved anywhere without government to pick up the slack. From the standpoint of survival as a human right, laissez-faire economics is thus insufficient. To be sure, the recognition of survival as a human right, as is the case in the E.U., requires higher taxes than are necessary in simply treating survival as a conditional matter. This broader debate and thus the broader fault-line are typically ignored as Americans debate incremental or temporary changes in legislative or executive proposals bearing on public policy.

1. Michael Cooper and Sheryl Stolberg, "Obama Plans to Rescue States with Debt Burdens," The New York Times, February 8, 2011.
2. Jacobs, Francis G. and Kenneth L. Karst, “The 'Federal' Legal Order: The U.S.A. And Europe Compared A Juridical Perspective,” in Integration Through Law: Europe and the American Federal Experience, Mauro Cappelletti, Monica Seccombe, and Joseph Weiler, eds., Vol. 1, Methods, Tools and Institutions. Bk. 1, “A Political, Legal and Economic Overview” (Berlin: Walter de Gruyter, 1986), pp. 169-244, p. 171.
3. Skip Worden, Essays on Two Federal Systems: Comparing the E.U. and U.S., and American and European Federalism: A Critique of Rick Perry's "Fed Up!"