Archive for ‘Democracy’ Category
Posted on 17:13, November 24th, 2016 by Pablo
In the late 1980s I found myself sitting at a research institute in Rio de Janeiro pondering the sad fact that George H.W. Bush (aka Bush 41) had just been elected president. This was a guy who sat down the hall from Reagan’s desk and yet who claimed that he had seen nothing and heard nothing when it came to Iran-Contra and the drugs for guns schemes being run out of the Oval Office using Ollie North as the facilitator. With his having been a former CIA director, decorated WW2 pilot, Chairman of the Republican National Committee, US Representative, Ambassador to the UN and US envoy to China (before a US embassy was established in Beijing) as well as Vice President, I found it hard to believe that Bush 41 had no clue as to what was going on down the hall.
So there I sat in the Institute cafe, moping over my cafe com leite as I pondered another four years of Republican presidents. At that moment a Brazilian colleague showed up and asked me why I looked so sad. I told him. His face lit up in a big grin and he told me that to the contrary, I should be encouraged by the news. Given that he was a dyed in the wool Marxist scholar and activist who had suffered through the days of the US-backed dictatorship, I found his comment odd. When I asked why he believed so he said: “The US is the best country on earth! Here in Brazil we always look for one person to take us out of darkness and into civilisation. But in the US it does not matter if you have a monkey running the White House because the machine continues no matter what!”
That is why despite the gloom and doom occasioned by Donald Trump’s election as US president, there is a sliver lining in that cloud. It lies in the institutional edifice of the US State–that is, the complex of commonweal institutions, agencies, norms, rules, practices and procedures, plus those who administer them–which will serve as a restraining device on his most spurious instincts and largely dictate the limits of what he can and not do in the Oval Office. Mind you, I am not talking about the so-called “Deep State,” which I have trouble believing exists if for no other reason than it would have prevented Trump from assuming office one way or another. Instead, I am talking about is the conglomerate often referred to as the Federal Government, in all of its facets and permutations.
I have said publicly on repeated occasions that assuming the presidency is like putting on a strait jacket. When one takes the presidential office the entire weight of US history, good and bad, falls on one’s shoulders. This includes assurances, commitments, guarantees, obligations, promises, responsibilities, rewards and threats made in the past and occupying the present that may be possible to modify but which are hard to summarily rescind or revoke. Even in the latter case the process for withdrawing from established policy is generally slow and fraught with challenges, be they legal, political or diplomatic, and can elicit unintended or unforeseen consequences or responses (such as those occasioned by US troop withdrawals in Afghanistan and Iraq).
The presidency also inherits the entire edifice of governance–its rules, its mores, its promotion schedules in a bureaucratic architecture that is huge and by design very compartmentalised and specialised in its legally allowable administration of policy. In fact, when freshly elected presidents attempt to throw a cloak of campaign promises on an institutional apparatus that may or may not be disposed to following executive directives, the result may be bureaucratic resistance rather than supine compliance. When the president-elect campaigns on a promise of “draining the swamp” that is the institutional nexus between public and private rent seeking, the stage is set for a confrontation between individual (presidential) will and institutional preservation. The odds do not favour the individual.
The idea that Trump is going to summarily dispense with assorted policies involving trade, security, immigration, domestic energy exploitation, press freedoms, civil rights and the like is wrong because he simply cannot unilaterally do so without challenge. Those challenges have already begun over his refusal to declare conflicts of interest with his business ventures and will continue across the gamut of his presidential endeavour. They will come from many sides, including from within his own party and congressional leadership. However grudgingly, he (or better said, his advisors) have begun the process of walking back most of his signature campaign promises, which may or may not emerge in modified form. Even in areas where he is sticking to his guns–say, on withdrawing from the TPPA–the more likely outcome is that Congress will force a withdraw-and-renegotiate compromise rather than a full and final abandonment of it. As his mate Rudy Giuliani has explained, things are said in the heat of battle on the campaign trail that were never meant to be followed through on, and now is the time to bring America together. Given how divisive the campaign was, that will be a big ask.
Needless to say, that also makes those who voted for him look like a bunch of suckers.
The compromises being forced upon him are evident in the arguments about his senior level appointments. On the one hand naming Steve Bannon (of alt-Right/Breitbart fame) as Senior Counsel and Strategist has produced a wave of repudiation and calls for his dismissal because of his publicly expressed anti-Semitic, racist, misogynist and generally bigoted views. On the other hand, his consideration of Mitt Romney for Secretary of State has elected howls of disapproval from the likes of Newt Gingrich and Mike Huckabee. New Jersey Governor Chris Christie, who was one of the first to endorse Trump after his own presidential bid failed, was rewarded for his troubles by being sacked as transition team leader on the orders of Trump’s son-in-law, whose father has been successfully convicted in the early 2000s by Christie during his days as a federal prosecutor (ostensibly because of Christie’s involvement in the so-called “Bridgegate” scandal). This has alienated many self-designated “pragmatic” Republicans who saw reason in Christie’s approach to governance and were willing to overlook his errors in judgement in backing Trump and pursuing personal vendettas while governor.
For his part, Giuliani stands to receive a important role in the Trump administration but interestingly, that role has yet to be announced in spite of Giuliani’s slavish boot-licking of the Orange One. This has led to speculation that he too is considered to have too much baggage to garner a cabinet-level prize such as Secretary of Homeland Security. What appointments have been made (Jeff Sessions as Attorney General, Mike Ryan as National Security Advisor, Betsy De Vos as Secretary of Education and Nikki Haley as UN Ambassador) have all met with wide-spread criticism on a variety of grounds (racism when it comes to Sessions, Islamophobia and mental instability when it comes to Ryan, and complete lack of relevant experience when it comes to De Vos and Haley). With 4000 political positions to fill, that makes for a a very fraught appointment process–and that is before the serious business of security vetting begins on pretty much all of them.
Whatever the provenance of the challenges, their conveyance will be institutional, be it from the courts, Congress or the federal bureaucracy. The latter is worth noting simply because translating policy initiatives into concrete action takes an institutional inclination (beyond capacity) to do so. As Ronald Reagan discovered when he tried to abolish the Department of Education, bureaucratic opposition, however self-serving it may be, is an excellent form of institutional constraint.
What this all points to is that not surprisingly, Trump’s presidency is off to a shaky start in spite of his desires and sometimes conciliatory rhetoric. That looks to continue well after his inauguration. Already there is talk of recounts, challenges and impeachment. So he may think, as he has said, that as president he has no conflicts of interest (in a reprise of Dick Nixon’s comment hat it is not illegal if the US president does it), or that he has a free hand when it comes to running the US government. But he is now learning just like Nixon that the hard facts of life in the Oval Office say otherwise.
The bottom line is this: no matter how strong the president may be at any given point in time and no matter the comparative weight of external events and presidential initiatives, the facts of life in the Oval Office are dictated by the institutional machine, not by the monkey that temporarily sits atop it.
Well, THAT sucked. Myself and a zillion other pundits got the US election wrong. In fact, pretty much everyone with a Ph.D. in Political Science got it wrong as well as most veteran political journalists. The reasons are many but the moral of the story is that so-called experts armed with reams of data still cannot accurately predict the mood of an electorate that may lie to pollsters or remain undecided until election day. “Experts” like empirical data and believe in reasoned voting choices when studying well established liberal democracies, so are ill-equipped to comprehend seemingly irrational voting behaviour based on raw emotion, visceral reaction and religious belief in the false promises of demagogues. The anecdotal evidence was there from Trump’s rallies and the bluebonnet fields of Trump/Pence signs on suburban lawns. But those of us with advanced degrees and years of studying politics ignored it in favour of quasi-scientific methodologies that provided a numbers crunch to our opinions. We saw what we wanted to see rather than what was.
There is no point in trying to do a post-mortem on what happened. Plenty of others are doing so. I did find it interesting that Trump received less votes than Romney and McCain in the 2012 and 2008 elections, respectively, and that 6 million less people voted this year than in 2012 and 10 million less than in 2008. In fact, nearly 47 percent of the electorate did not vote, giving Clinton (as the majority vote getter) and Trump around 25.7-25.5 percent of the popular vote overall. The bottom line is that the absent voters, presumably those who would have voted Democratic but could not bring themselves to vote for Clinton, decided the outcome by staying home.
As for those who decry the Electoral College because this is the second time in 16 years that a Democrat wins the general vote but loses the presidential election in the Electoral College: tough luck. Hillary played the Electoral College game, focusing on so-called battleground states and apparently neglecting those states considered solid Democrat such as Michigan and Wisconsin. Since the base of that presumed solidity was the rust belt white working class that Trump targeted preferentially, that was clearly a mistake (both Michigan and Wisconsin went to Trump).
Much has been made about the class angle to the election but I also think that we should not forget Trump’s idealogical appeal–the xenophobic scapegoating, the racism, the bigotry, the misogyny posing as anti-PC righteousness. Perhaps not all of his supporters are closet Klansman, but it is clear that to many in the white working and middle classes that aspect of Trump’s ideological appeal resonated strongly. The intersection of class and exclusionary ideological appeal was found in grievance and fear, and that grievance and fear transcended employment concerns. Make of it what you will.
The vaunted female and Latino vote against Trump never materialised. In fact, the defensive voting surge that I repeatedly predicted would happen never did. Instead, it seems that people just stayed at home thinking that, given the polls, others would do the job for them. Even so, had those under the age of 35 been the only voters, Hillary would have won walking away. So the future holds some promise when it comes to progressive change, but for the meantime things could get worse and, if acts of hatred and protests are anything to go by, that has already started.
For those who think that Bernie Sanders would have done better against Trump, I say think again. That is because primary campaigns are run in parallel while looking at each other. Had Bernie emerged as the Democratic nominee Trump would not have won the Republican nomination. The GOP would have made a negative issue of Sander’s “outsider” status and marginalised the outsider on its side. Money would have poured into backing a more establishment figure who could take Sanders to task for his “socialism” and his vague and unrealistic policy prescriptions. Sanders would find it hard to counter the false accusations about his supposed communist leanings because the Democratic establishment would not have backed him as strongly as it did Clinton. He may also have failed to transfer the energy of his primary supporters into sustainable support from swing voters on the campaign trail as many undecided and independent voters would react fearfully to the dark accusations of what his ideological orientation would bring for the US.
Whatever the case, this is all idle speculation. We got the matchup that we got and for most of us Hillary was a safe bet even if we had to hold our noses when voting for her (and again, I flatly reject the notion that she somehow is “worse” or more corrupt than any other contemporary politician. If people believe that they need to look at who funds the Bush Foundation and the campaign coffers of Paul Ryan and Mitch McConnell).
My hopes now hinge on two things: 1) that once in office Trump will find his freedom of action circumscribed by the practical, legal, institutional and political realities surrounding him. This will force him to abandon or renege on many of his more outrageous campaign promises, which in turn will disappoint many of those who have vested their hopes in him but will mitigate against some of the more onerous consequences of what he could have done; and 2) that his lack of political experience and commitment to Republican principles and policies (remember that he only switched from Democrat to Republican in 2010) will lead to a serious clash with the GOP congressional leadership. That could hurt the GOP in the 2018 elections where all of the House and a third of the Senate will be up for (re) election as well as his re-election bid two years later.
Be that as it may, these are dark times for people such as myself. The Right may gloat and think that they now rule supreme (and we have had a couple of such folk appear here on KP), but I have a feeling that Trump’s victory is a crest of a wave or the last stand of the American Right. Neither demographics or policy orientation appear to favour the GOP and alt-Right over the long-term, so perhaps this is their last moment to shine.
I sure hope so.
Meanwhile, I thnnk I will have a cup of tea and a lie down.
The 2016 US presidential election is a an existential crisis of American society politically manifest as a theatre of the absurd. The story line revolves around a clash of visions over what constitutes the preferred America. On one side is what could be called the “old” vision. The vision is “old” not only because it harks to so-called traditional values rooted in nostalgic reimagining of the 1950s, but because those who most ardently adhere to it are lower educated whites aged 45 and over who are or were employed in blue collar, service sector and small business occupations.
This vision privileges the dominance of white heterosexual christian male values. It is both laissez faire and economically nationalist in orientation, patriarchal and socially insular in perspective, wary of “outsiders,” and believes in a natural order where rules are made to be obeyed without question. It prizes conformity and stability and respect for authority.
On the other side is a “new” vision. This vision is “new” because it is multiracial, multicultural, heteroreligious and secular, plurisexual, post-feminist, economically internationalist, global in orientation and polyarchical when it comes to power distribution, legitimate authority and social hierarchy.
In reality the two visions bleed into each other in specific instances to form a hybrid social orientation in many groups that is not as dichotomous or binary as it otherwise might be. I say “bleed” rather than “blend” into each other because the overlap and cross-fertilisation between the two social perspectives is not uniform or universally applied: Mexican American IT specialists may enjoy rap as much as Norteno music while dutifully practicing their Catholic faith and adhering to its moral codes, while middle aged white professionals can find identity in the mores and practices of non-traditional cultures and religions while engaging in post-modern leisure pursuits.
The battle between the old and new perspectives began in the 2008 presidential election when a representative of the “new” vision, Barak Obama, took on an old white man, John McCain, for the highest office in the land. That continued in 2012 when Obama confronted another old white man, Mitt Romney, in his re-election bid. It continues today in the form of another “new” candidate, Hillary Clinton, facing yet another old white man, Donald Trump. Clinton may not be the archetypical “new” candidate as described above, but the mere fact that she is female is a break from the traditional mould.
For his part, Trump represents a grotesque caricature of the traditional alpha male, and in the absurdity of his candidacy lies the last gasps of a dying culture. In his sociopathic narcissism, his sexually predatory behaviour, his racism, bigotry and xenophobia, his abject greed, his pathological lying, his thin-skinned obsession with revenge, his insensitivity to others, his ignorance of basic economic, political, military and diplomatic facts, and in his adolescent resort to crude insults and derision as a weapon of last resort, Trump is the antithesis of the self-made, strong and independent straight-talking man on horseback. And yet, because he acts as if he were and the GOP and conservative media enabled his deception, those who embrace the “old” vision see in him a saviour. But they are wrong, for what he is to them and the culture that they cling to is an angel of death.
That culture is dying because over 45 year old lower educated whites have the highest rates of suicide, alcoholism and opiod addiction in the US, so they are quite literally leaving the mortal coil at higher rates than everyone else. That is not a demographic on which to base a presidential campaign and yet Trump and the GOP have dog whistled, incited, pandered and courted it as these people will live forever or at least until the mythical past can become the future once again.
The “old” vision will lose this election but it will not be its death rattle. Its adherents will fight against the king tide of social change with the fervour of a drowning man, and some of them will become violent. The obstructionists in the GOP will do everything in their power to undermine the Clinton presidency, and they will front another “old” visionary in the 2020 presidential campaign. But regardless of what they do and how much they resist, the hard fact is that demographic, socio-economic and cultural change are irresistible forces that work against them.
They are doomed and within a generation they will be gone.
Note: I write this the day before the election simply to give my brief read on the broader context that explains why Clinton will win. Depending on how poorly the GOP does in the House and Senate races, the bloodletting within the Republican camp could be epic. That will be fun to watch.
Well, all good things must come to an end.
But first, let’s play word association:
Racist. Bigot. Xenophobe.
Bully. Buffoon. Bankrupt.
War-mongerer. Torture fan. Genocidal Demagogue.
Narcissistic Sociopath. Tax evader. Ignorant blowhard.
Serial Liar. Serial Cheat. Serial adulterer.
Thin skinned. Egomaniac. Coward.
Whose name comes to mind when these words are mentioned?
Conservative spin aside, there is no coming back from this. The destruction of brand Trump is unfolding before our eyes and soon will be complete.
Let’s unpack the video outtakes from his 2005 Access Hollywood appearance in order to explain the reasons why.
In it he speaks of pursuing a married woman. That will cost him religious conservative votes as well as those from people who take a dim view of home-wreckers.
He then boasts that he has a pre-meditated strategy to swallow breath mints before he forcibly kisses women without their consent. He goes on to say that because he is a “star” he can grope women’s genitals with impunity. These are admissions of repeated sexual assault. That is going to cost him much more than female votes, as many in the law and order crowd, to say nothing of men who have real respect for their mothers, wives, sisters, daughters and grand daughters will walk away from a self-admitted practitioner of such criminal behaviour (say what you want about Bill Clinton, there is no audio recording in his own voice of him admitting to sexual assault).
In his non-apologies he claims that the crude and lewd language he used during the now infamous bus ride is just “locker room banter.” Besides the fact that many have pointed out that it is not, in fact, normal athlete talk to speak the way he did, what he is basically saying is that (presumably male) locker rooms are places where discussion of sexual assault is common place. If that is true, then what he is speaking about–and dismissing–is a particular aspect of rape culture. True or not (and there is definitely a problem with rape cultures in some areas of US society), the fact that he downplays the seriousness of boasting about sexual assault (whether real or made up) is indicative of deeply seated misogyny on his part. This may have been something that he could get away with twenty years ago, but it is not now.
Better yet, Trump is a wrecking ball that is bringing the Republican Party down with him as the GOP rats scramble to get off that sinking ship known as the 2016 campaign. They have to jump because the word association game that we just played will be attached to those who do not. Already 50 Republican elected officials are trying to put distance between themselves and Trump, including the House Majority Leader and 14 Senators. The focus of the Republicans is keeping their House and Senate majorities, and that looks to be increasingly in peril in the Senate (where a shift of 4 seats restores a Democratic majority).
In parallel, the media facilitators at the alternative universe known as Fox News are also in full meltdown mode as the Trump sycophants (Sean Hannity) publicly quarrel with other colleagues (Meghan Kelly, Shepard Smith) in a crisis environment brought about by the forced resignation of another sexual predator, Roger Ailes, as CEO of the network.
These are the worst of times. These are the best of times.
The forces of evil in the US are in disarray, on the run and looking for whatever (political) cover they can find. But there is no place to hide.
This year November 8 is not just election day. It is not just judgement day for the GOP.
It is armageddon for US conservatism. The end is nigh.
The real questions now are what will the Democrats do with the gift of Republican self-destruction? Will the Clinton administration heed the lessons of the election and integrate at least some aspects of Bernie Sanders’ policy prescriptions into it? Will the Democratic Congressional leadership seize the opportunity to consolidate or pursue legislative gains in areas such as health care, education, campaign finance reform and taxation? Will the Supreme Court nominations made by the Clinton administration ensure a “progressive” majority for decades to come?
For their part, will the unsavoury forces unleashed by the Trump campaign crawl back under their rocks or will they turn into a violent disloyal opposition? Will the GOP split into “moderate” and retrograde wings and if so who will dominate conservative discourse? What lessons will the Republicans take away from this disaster? Will those lessons teach them civility or even more darker modes of behaviour?
Time will tell but for the moment we can only thank The Donald for his efforts.
By way of a short thought, I venture again into the waters of US election year politics.
Today’s subject is Donald Trump, or more precisely, the promises he passes off as solutions to the US malaise (as he and his supporters see it). The key denominator in everything he says is that he offers the promise that he and he alone can solve the nation’s problems, foreign and domestic, and that he can do so in a clear, simple and direct fashion without much cost or sacrifice to the nation. Much like PT Barnum a century or so ago, he clearly believes that there is a sucker born every minute in the US. And what he is peddling to them is no more than that snake oil known as false hope.
Let me outline what he has promised to do but which he cannot do. Trump cannot build a wall and make Mexico pay for it. He cannot deport 11 million people including US citizens born of undocumented residents. He cannot place a ban on “all Muslims” immigrating to the US, he cannot institute blanket profiling of Muslims and surveillance of mosques, and he cannot stop refugees from Muslim-dominant countries from seeking asylum in it. He cannot leave NATO to its own devices. He cannot leave South Korea and Japan to defend themselves against Chinese aggression, and he cannot influence Chinese monetary policy in a way that would “level the playing field” with the US. He cannot force US based companies to return all of their operations to the US while paying US workers higher wages. He cannot reinstitute water boarding and other “worse” forms of torture. He cannot order the US military to commit war crimes such s killing the relatives of terrorists, and he cannot “take the oil” from Iraq. He cannot preemptively launch nuclear attacks based on whim. He cannot renege on trade deals without consequence. He cannot “rip up” NAFTA (the North American trade bloc involving Mexico, Canada and the US). He cannot fire generals because they disagree with his views, and he cannot form a partnership with Russia just because he admires Putin.
Trump cannot mandate that women be “punished” for having legal abortions. Trump cannot “wipe out” Daesh.
Trump cannot make “America Great Again” because his vision of greatness–white male christian nativist and insular–has been overcome by the structural, demographic, cultural, social and technological changes of the last quarter century. In fact, his vision of “greatness’ was great only for a socio-economic few, and that few will be a distinct minority within twenty years.
Trump cannot drill, drill, drill or frack, frack, frack. Trump cannot make the US safer by ensuring that more people have guns. He cannot re-institute “stop and frisk” as the solution to African-American demonstrations against police brutality or even urban crime without re-hashing the case of its (un)constitutionality. Trump cannot run his administration like a family owned business lacking shareholders or a Board of Directors and he certainly cannot use bankruptcy as a means of avoiding liability for poor financial decisions. He cannot renegotiate the US debt using default as leverage.
The reasons he cannot do anything of what he has promised is not only that his words are meaningless and empty, in typical national populist demagogic tradition. It is due to the fact that the US political system does, in fact, rest on institutional checks and balances grounded in law. Any and everything that he proposes, were he to try to execute it via Executive Order, would be challenged in courts as unconstitutional and take years to litigate. He needs Congress to pass laws that will allow him to do some of the things that he promises to do, and other promises require congressional approval in any event. Even if it remains in Republican control, Congress has been the subject of his often personal attacks and understands its role as a check on the Executive (witness the obstructionism of the past eight years). So no matter who controls Congress, but especially if the Democrats win the Senate, the legislative branch will not just play along with Trump’s demands and initiatives and will in fact spend much time blocking most of what he has proposed on the campaign trail. He is on a hiding to nothing.
Trump cannot use his personal wealth while president, which includes paying lobbyists to advance his political projects. Although he can fund partisan and personal trips and events out of his own bank account, he cannot use his taxpayer-funded salary or the resources of his office for personal reasons. That means that he will have to place his assets in the hands of others, be it via trusts or family delegation for the duration of his incumbency. The Donald may have some problems adjusting to that situation and could try to circumvent the rules governing presidential finances. Beyond the ethics of the matter, that poses a practical challenge for him because even if he fills the entire upper echelon of the federal bureaucracy with political appointees (whose credentials will have more to do with shoe licking than competence), he still will have to deal with a career civil service with institutional knowledge and depth of expertise (if not vested interests) when it comes to policy implementation paid for by the taxes Trump thinks it is “smart” to dodge.
Nor can he reconcile his financial plan, which involves lowering corporate taxes while renegotiating trade agreements and increasing spending on the military and elected infrastructure projects. In an age of budgetary cost-cutting that has resulted in several government shut-downs, he simply will find it impossible to fund his projects with public money even if he offers sweetheart deals to private parties in order to offset public expenditures–again, because it is not for him alone to do so and he will find his purse strings not only constrained by but attached to the demands of other interests regardless of who controls Congress.
The truly sad aspect of this is that neither Trump or his supporters understand the very basic concepts of separation of powers and checks and balances. They believe that he can just order people around and “get things done.” They think that he can bully foreign leaders the way he bullies out of favour beauty pagent contestants. They think that he can resort to personal insults, to include fat, slut and disability-shaming, to deter his adversaries and critics. They would be mistaken in those beliefs and it is a shame that the US educational system has produced so many people without even an elementary grasp of how government works or why civility is a value. That one such ignorant person is the nominee of a major political party is a clear sign of its demise.
It will interesting to see what happens over the next few weeks of the campaign. It looks like Trump is starting (?) to come unglued as the pressure mounts and his blustery facade begins to crumble under the light of scrutiny. Clinton pounded him into the ropes in the first debate (I scored it a TKO), and if he decides to bring up Bill Clinton’s affairs in future conversation he will be eviscerated on the hypocrisy rack. From my perspective, the election campaign is just getting better.
One thing is certain: ignorance is not bliss and Drumpf is about to find that out in spades.
Although the corporate media has not covered it, choosing instead to focus on the university’s fund-raising efforts, the academic and professional staff at the University of Auckland held a one hour strike last week to protest the lack of progress on negotiations for a fair living wage for all staff, especially for those at the lower end of the wage scale. Among other union proposals was the payment of a flat $2.500 increase to everyone covered by the collective contract in lieu of a cost of living increment. In conjunction with a rise in the minimum wage for lower-salaried workers, this would have the greatest positive effect on those struggling to keep afloat in the Auckland market.
University management refuses to negotiate until the budget is decided next month or in November. This runs contrary to traditional practice where pay for academic and professional staff is negotiated prior to the budget being fixed. It follows on more than a decade of erosion of collective benefits for university personnel and the slow but seemingly inexorable weakening of the Tertiary Education Union (TEU) as a bargaining agent at the University of Auckland.
The one hour lunchtime strike was well attended, although not massive in size. Shortly after 12:45 the director of Human Resources, a despicable cur if there ever was one, sent out a group email to TEU members advising them that their pay would be docked for the one hour they were on strike. He went on to request confirmation from the recipient that s/he was indeed on strike so that their pay could be deducted.
There followed a blizzard of emails in response. I am on the TEU mailing list so I got to read them all. Other than one person, all were critical of the university’s approach to employment relations. What stood out were the dozens of stories about countless overtime hours worked with no pay (the academic standard contract is for 37.5 hours per week), the abysmal lack of morale and trust in management amongst staff, and the psychological, emotional and physical toll the stress of working at the UA was taking on its staff. The stories were sad and many gut-wrenching.
These stories came from professors, lecturers, IT specialists, counsellors, librarians, tutors, administrative support staff–you name it, they had something to say. Some people asked how the deduction would work since they were not on an hourly wage. Others pointed out that they were on leave but would gladly see their pay deducted in solidarity with those who attended the strike. Many pointed out that they were at their offices during lunch hour working out of loyalty to students and colleagues but would gladly have their pay docked in solidarity with the strikers. Some suggested that the deducted pay should go to charity, at least until it was pointed out to them that the university is a registered charity and the “donations” could well go into the VC’s pocket or as bonuses to his management team members (the VC is the highest paid public servant in NZ and the senior management team all make in excess of NZ$150K/year).
What became clear from the responses is that behind the facade of the University of Auckland being a “world class” university there is a deeply dishonest and unethical management that is seeking to destroy the TEU Auckland branch and thereby further subjugate its staff to its academic Taylorist precepts. I have written about this before, so no need here to reiterate what it entails. The bottom line is that the University is being hollowed out at its core, in a workplace where academics and academic support staff are reduced to time card punching and asking permission to use the loo while the ranks of middle and upper management bean counters proliferate like rats.
I have been critical of the TEU in the past for valuing wage increases over workplace control (including in the classroom, where there is increasing interference by middle level managers with no teaching experience). I always through that it was a bad idea to trade off regular wage increases for workplace control, which extends to promotion and research leave policy. But what is done is done and now the university management is in the final stages of its assault on the union.
The time to make a stand is now. Having read the emailed responses I decided to write a letter of support to the Auckland TEU and its members. This is what I wrote:
As a former TEU member and academic staff member at the University of Auckland, I want to add my support to your efforts to restore the university to its former position as a fair and equitable workplace. Unfortunately, having dealt with Mr. Phipps as well as other management lackeys at close range, I believe that yours will be an uphill battle. Their objective is to break the union so that with a few exceptions you will eventually be subject to precarious individual, often part time contracts and thereby will be more easily exploited. The trend is already apparent and the situation is worse for junior staff and those not considered to be “stars.” Given the tight academic labour market and the already low union density amongst professional and academic staff (particularly the latter), it will be difficult to individually resist this project if the TEU is further undermined as a collective bargaining agent.
Mr. McCutcheon was a successful union-buster in his life before being appointed VC. Nothing in his tenure at UA suggests that he has moderated his views on the utility of collective agents, and the tone of Mr. Phipps’s suspension notice is a reflection of that. It should not be forgotten that this management team at UA is not known for its honesty or fairness when it comes to employment relations. “Good faith” is not part of their vocabulary. Many of you will know of the efforts by the SMT to offer financial incentives to senior academics to either quit or not join the union. You will have seen the replacement of departing permanent full time staff with part time hires. Given that there are academics who support or go along with the VC’s approach for self-serving reasons, the struggle to return civility and fairness to employment relations at the UA will be a tough one.
I would not be surprised if the many tales of unpaid hours owed to staff outlined in the barrage of email replies to Mr. Phipps’s suspension notice will be seen by the VC and his minions as a sign that their Taylorist approach to academia is working just fine. They need to be disabused of that notion.
The key to defeating the academic Taylorists is to assiduously defend and increase union membership and to strictly and unwaveringly adhere to any calls for direct action such as labour service withdrawals (be it strikes, slow downs or work-to-rule). The call for a living wage and fair pay for professional (non-academic) staff is a step in the right direction. However, much ground has already been lost in terms of workplace control, academic freedom, promotion and leave, so the time to regain some measure of balance in the employment relationship is rapidly disappearing. The nature and timing of the direct actions to be taken henceforth in defence of the union and its members will be decisive, and must receive unanimous support..
You should not expect favourable media treatment. Today’s editorial in the Herald about the University’s fundraising is indicative of the pro-management bias of the for-profit news outlets. A concerted PR campaign will be required to counter-balance the view, propagated by the SMT, that all is well at the university and that if anything, academics have things easy when compared to other wage earners.The public needs to hear the stories told in your emails to Mr. Phipps.
There comes a time when people can be pushed only so far. Perhaps that time has come for the TEU Auckland branch and its members. Although I no longer belong to the academic community, I understand your struggle and deeply empathise with it. I wish you the best of luck and success in staving off the managerial offensive.
I can only hope that if the union does make a stand, that it not be its final one.
Unfortunately I know people, to include some in my own family, who are Trump supporters and who think that Fox News is “fair and balanced.” I also know some people, including one here at KP, who think that voting for Trump is all good because it will break the status quo politics represented by Hillary Clinton.
Many of the people I know that have chosen the Trump/Fox News view of the world bristle at the suggestion that they have issues with race/ethnicity/gender/Islam/sexuality/foreigners/poor people/disabled people/whatever. Some of those who think that voting for Trump is an anarchic stroke of tactical genius appear to ignore the concerns raised by these suggestions or believe them to be untrue. Allow me the right of rejoinder with one link.
It may not be a statistically significant sample of opinion among the Trump/Fox News “nation,” but I believe that this compilation is emblematic of what lies at its core. And if this is the base sentiment behind Trump that is being championed by Fox News, then the situation, if not the very character of his campaign, is indeed a giant basket of deplorable.
Say what you want about Ms. Clinton (and I shall write something about the false narrative about her at some point), she does not attract this type of folk. In fact, she repels them, which is as good enough reason to vote for her as is anything else.
Its a rant, no denying it.
I tried, I really tried.
Firstly I ignored all the reports coming out of Dunedin in the wake of Winstonfest 2016 that it will turn into a cat fight between Ron Mark (long serving but foul mouthed NZ First 2IC) and political mercenary Shane Jones over who will succeed Winston when he finally steps down (whenever that actually is) in one of the more interesting cases of “get your hands off my man!) We have seen in a while.
I turned the other cheek to Colin Craig’s sleazy behaviors being exposed in the press. If his chances of being an MP were slim to none before they are effectively nil now as it looks like his fellow party members (Christine; she of the extravagant spending while a civil servant, Rankin) are more than willing to publicly twist the knives in his back; also the man writes love notes with about as much passion and enthusiasm as a politically conservative Christian businessman running for office, oh wait…
But it got harder after John (I for one welcome our new reptilian overlords) Key blamed kiwi workers being lazy and drug addled as the reason for National having the immigration policies it does. Key (no pun intended) point: importing low skill workers under the guise of student and other visas allows employers to drive down wages and places anyone not willing to work for the same pay and conditions in employment limbo*. This is the equivalent to shooting someone in the foot and then complaining that they can’t walk.
By Wednesday it was getting much more difficult to tune out the noise when the government announced that it was spending 24 million dollars on housing in Auckland when the average house price was now “one meellion dollars” (which as many commentators gleefully pointed out) meant that there would be just another 24 houses up for grabs; Winston Peters decided that hypocrisy was the better part of valor (by taking someone’s money and then accusing them of being a front for the National Party); the Auditor General cleared the Niue hotel deal (but did admit that their hands were tied and their range of investigation limited); the Chiefs found themselves unable to say sorry to the one person they really needed to say sorry to (showing how much our sporting culture remains a bastion of macho BS); the blather about Helen Clark at the UN continued despite it being made clear she is not the preferred candidate (get over it, she is not going to be Sec Gen); Andrew Little called for Nick Smith to resign (about as useful as firing the captain of the Titanic after it hit the iceberg) and our beloved PM now saying NZ and OZ are still BFF’s (despite OZ deporting back all those its deems no longer BFF and treating kiwis living there like second class citizens). I had to laugh though when the Stuff article reporting this had to include an explanation of what a BFF was.
But what finally sent me over the top was watching parliament go into melt down over the housing situation with question time being cancelled and the government fumbling the ball as the process was hijacked by the opposition. Of course it’s not one of those overseas style parliamentary melt downs like they have in Taiwan or the Philippines with legislators throwing chairs, starting bonfires in the middle of the chamber or fist fighting in the aisles (although I would have tuned into parliament TV if such things were scheduled) but just some filibustering which will peter out sooner or later.
The reason why this particular event, in a week of hard core political gibberish sent me over the top was that it perfectly encapsulates the reason why we are in the situation in the first place.
The Housing Hernia continues to grow and the chances of all this shouting and filibustering (or for that matter any wet-paper bills) actually producing a solution are zero. We have been there and we have passed the point where this process is manageable by some quick fixes or legislative tweaks and we are now heading into territory marked more by backbiting, squabbling, lots of weasel words and no actual action on the matters at hand.
You would almost think that campaigning for the 2017 election had started but this is really just a small hint of what the 2017 election will be like. If you thought that vapid hot topics and political push button issues were going to have our politicians shouting, parading and grandstanding like no tomorrow now then you ain’t seen nothing yet!
And this is the state we are in today: political ineptitude and inaction; corruption and tabloid sleaze; empty political gestures over any genuine action; political infighting; low quality political journalism as a substitute for discourse (I get the irony of writing that) and issues which need genuine attention not more political verbiage.
The summation of the situation came to me last week, as I and several co-workers were in a taxi crawling out of Auckland’s CBD towards the airport, knowing that we had given ourselves over an hour to get to the airport but still not sure if we would make it, by the taxi driver who summed up Auckland’s transport problems in one succinct sentence.
“Auckland’s roads were built when Auckland had about 800,000 people living in it, today its about 1.4 million people and by 2020 it’s expected to have 2.2 million people but all attempts to fix the roads or improve transportation have been blocked or failed.”
Even if those numbers are out somewhat the metaphor remains painfully correct and applicable to NZ at large.
In areas like immigration, housing, the environment and all the rest we are now in a state where what we had is no longer able to cope with what we have got and the people responsible for sorting these problems out (those we elect to run this country for us) remain either unwilling (in the case of National clearly captured by those who are making coin of our current misfortune) or unable (in the case of Labour being too busy sucking up to potential voters and their mortgages to ever rock the boat) or putting their own personal gain over the general welfare of the country (Winston, Peter Dunne and the rest of the gumboots) to do anything about it.
So with that in mind I am no longer able to refrain from comment (I really wanted to keep on with research on Asia for upcoming posts and not get sidetracked). I assume that this week is a combination of moon, tide, weather, biorhythms, the stock market and all sorts of other factors which have produced the political crapfest this week has been so far, and its only Thursday!
And it’s the tone of events which is the most ugly, like other countries the problems are piling up and those supposed to be in charge are turning out to be incompetent middle managers at best and corrupt clowns at worst (I favor the latter).
All of this points to the 2017 election being a real watershed election as these issues won’t go away between now and then and will surely continue to worsen while the clowns continue to bicker over ticket prices to the circus while the tent burns.
I won’t play the doom scenario card too much but we live in interesting times to say the least and calls for action continue to grow. Our current political model is not working very well but will we get any viable alternatives?
Come campaign time I expect all of these little hot potatoes to remain hot and a lot of promises to be made to fix them to an electorate which will be in an ugly mood and in no mind to hear political and economic catamites parading around shouting dogma as solutions to rising waters. Dirty politics will be front and center and media manipulation will be all over the place.
The outcome? Polarization and a parliament less and less able to address the issues (under a minority Green/Labour government with Winston staying neutral) or worse Winston backing our dear leader Key followed by further economic shenanigans from his minions for another three years (imagine the housing hernia in three years time!) or the unthinkable and a Green/NZ First/Labour hate triangle of rivalries and poison looks until its inevitable implosion.
But we kiwi voters are not blameless in this, we tolerate this state of affairs and we continue to vote for the same ugly faces, their ugly messages and their ugly acts. We are as stained and muddled as those filthy beasts in Parliament. Politics has made monsters of us all!
*- The fact that Barry Soper in the Herald felt that such a position had some merit shows how pernicious such BS attitudes are as well as highlighting how out of touch Soper is to the reality of situation (but then I never really liked his reporting anyway).
Extending the theme of short posts about current events, here is this one:
An up and coming sportsman gets name suppression and no jail time for filming a sex act with a women and posting it on the internet. In his sentencing the judge said that naming him and serving jail time would interfere with his athletic career even though the victim suffered significant emotional harm. The athlete/secret taper is ordered to pay a $2000 reparation to the victim–a day after he paid her that sum.
A case of domestic violence against a doctor in Auckland is thrown out of court and he walks free after his father-in-law pays Crown witnesses (the exact reasons are not specified in media reports but one could expect that whatever the reason this is a pretty straight forward example of pervasion of justice given that the couple had reconciled and wanted to “put things behind them”). The police say that they are “aware” of the payments but refuse to say anything else.
The Minister of Health attends a Vegas themed fundraiser for Northcote Primary School in which parents partied with fake cocaine. He says revelations in the media are a “beat up” because the event raised $30,000 for the school. He claims that he did not see the faux coke and did not ingest. Apparently none of the parents involved thought anything was wrong with simulating drug use at a school function, and the Health Minister (of all people!) thinks it is all good because much money was raised. As a friend of mine mentioned, they would have made a lot more money if they had used real coke instead.
All of these episodes were made public in one day. What do they have in common?
Well, they follow a long history of instances in NZ where people of privilege, be it via sports, money, political clout or social connection, engage in and are later absolved of full consequence for behaviour that otherwise would be considered worth severe sanction. I am sure that readers will remember many such instances. What does this say about the supposedly egalitarian and honest nature of Kiwi society?
Or look at it this way: if the clandestine sex taper was mediocre at sports, if the doctor and his wife were recent immigrants, if the Northcote Primary parents were from South Auckland, and if the politician was an opposition backbencher, would the media coverage and outcomes be the same?
When people think about coups d’etat, they tend to think about armed interruptions of the constitutional order, usually perpetrated by the military against an elected government. Such was the case with the abortive coup staged by elements of the Turkish military against the government of Recep Erdogan last July. Note that I do not say “democratically” elected governments, as usurpations of the constitutional order can also happen in electoral authoritarian regimes such as that of Hosni Mubarak in Egypt in 2011 (only to be followed by a “full” coup against the subsequently elected Muslim Brotherhood government of Mohamed Morsi in 2013).
The traditional origins of such forms of regime change, known as golpes de estado in Spanish, do in fact hark back to military interventions against civilian governments, and that remains its most common form. But another form of coup has emerged, minus the bloodshed and state of emergency so often associated with military-led coups (I say military-led because it is very seldom the case that the armed forces act alone when moving against the government of the day). Rather than an interruption and suspension of the institutional process by military means, it is a usurpation from within the institutional order by constitutional means. Rather than bullets fired by soldiers it is ballots cast by politicians that overturn the will of the people prior to scheduled elections. The insurrectionists belong to and work within the political system. This is what is now known as a constitutional coup. In order to understand this new form of “golpismo” we need to consider two background factors.
First, liberal democracy comes in two forms: presidential and parliamentary systems. Although they are a possibility in parliamentary systems (such as having the government dissolved by the Governor General, as occurred in Pakistan in 1953 and Australia in 1975), constitutional coups most often happen in presidential systems. By their very nature parliamentary systems have built-in insurance against constitutional coups because there are established means to remove a government, specifically via votes of no-confidence followed by snap elections. The rules governing both the vote and the election may vary from country to country, and there may be a ruckus surrounding such events, but they are an integral part of parliamentary democracy and, some might argue, a much finer tuned aspect of democratic governance than that allowed by its alternative.
Presidential systems provide no such mechanism for the removal of governments prior to their end of term. By definition, any such move constitutes an institutional crisis as the system is based on a separation of executive power from legislative authority. In parliamentary systems the executive (in the form of cabinet) continues to act as a parliamentary faction, to include ministers discharging responsibilities as members of parliament. In presidential systems that is not the case and executive authority can often be confronted by or exercised against legislative majorities (as is currently the case in the US). No matter what the majority in the legislature may wish, it cannot simply call for a vote of no-confidence in the government of the day. In fact, it has no legal basis to do so.
When the legislative and executive branches in presidential systems are locked in impasses or stalemates over any number of potential issues, the resolution mechanism boils down to supermajorities in the former and veto powers in the latter. Ideally, in bicameral legislatures the resolution sequence is usually this: the president introduces or supports a bill submitted for approval by the legislature. The opposition obtains a supermajority against the bill in the lower house, which is vetoed by the president, which is then upheld or overturned by a supermajority in the upper house. In unicameral legislatures the sequence is either one and done or a second legislative supermajority vote is taken after a veto in order to ratify or overturn the veto. Neither of these resolution paths provide a mechanism for the removal of the executive.
This process is cumbersome but offers the benefit of providing space for compromise between the executive and legislature as a bill winds its way through the ratification process. But what about removal of an elected government before its term is up? That is where the second key backdrop factor comes into play: disloyal opposition.
Long term KP readers will recall my earlier writing on this subject. But for those who are not, here is a nutshell refresher on what constitutes loyal and disloyal opposition in a democracy (there is no point in using those terms in authoritarian regimes).
Loyal oppositions are those that, having been defeated in elections or confronted by an opposing party in executive office (remember, the problem is unique to presidential systems), abide by the rules of the political game and wait for the next electoral opportunity to gain executive power. During the meantime they work as much as possible to find areas of compromise so that the machinery of governance can continue to serve the public good (or at least be seen as doing so). Even if token, concessions are exchanged so that consensus on issues of policy can be achieved. Only in the most egregious case of executive misconduct, usually involving criminality or gross negligence, does a loyal opposition begin to contemplate the unthinkable, which comes in the form of impeachment (that is, forcing the resignation of the executive under pressure from the legislature backed by the authority of law enforced by state security agents).
Disloyal oppositions are those that refuse to accept the outcome of elections and/or the legitimacy of a particular government and use their political influence and power to bring down that government by any means short of force. This includes being deliberately obstructionist when it comes to passing legislation, flaunting rules governing acceptable political discourse, manipulating or colluding with media to plant false accusations against incumbents, refusing to authorise budgets and confirm executive appointments, and generally acting in every possible way to stymie government policy initiatives, make it impossible for the executive branch to function effectively within the tripartite, separation of powers framework of constitutional government, and to promote discontent with and distrust of the government and its political supporters.
The classic modern instance of a disloyal opposition was the Christian Democratic led opposition to Salvador Allende’s Unidad Popular government in Chile from 1970-73. The result of that disloyalty is well known. But not all disloyal opposition need result in full fledged military coups. Instead, they can veer down the path of the constitutional coup. Consider the case of Bill Clinton’s impeachment in 1998-99. In late 1998 the Republican controlled House of Representatives voted to impeach Clinton on two counts of perjury and two counts of obstruction of justice. The charges related to his accounts of the affair he had with White House intern Monica Lewisky, the salacious details of which were vividly spelt out by Independent Counsel Ken Starr (Starr has recently been forced to resign from his position as president and chancellor of Baylor University for his role in covering up sexual assaults on females by football players). Mr. Starr was appointed by the Speaker of the House at the time, Newt Gingrich, he of the three marriages and many affairs (including with subordinates).
In 1999 the Republican controlled Senate held a trial and voted on the charges. Needing a two thirds (67 seat) majority for the impeachment to succeed and with 55 Senators on the Republican side, the impeachment vote failed when 50 voted in favour on the obstruction charge and 45 voted in favour on the perjury charge. Clinton remained in office, albeit significantly hamstrung by his near-miss.
The issue here is that the impeachment was over a private sexual affair, not an act of public malfeasance . It was led by people who themselves had similar skeletons in their closets and who did so in part just to weaken the president even if their efforts to impeach him failed (given media coverage of the story). More specifically, it was not about gross incompetence, criminal behaviour, military mismanagement, or even lying to Congress about any matter of policy. Instead, it was about the president receiving fellatio from and using a cigar as a sex toy on Ms. Lewinsky during trysts in the Oval Office, then trying to cover it up. It is doubtful that the founding fathers, in Article Two (Section Four) of the Constitution, had this in mind when they wrote that impeachment was to be used only in exceptional circumstances involving “treason, bribery or other high crimes and misdemeanours.”
That is a slippery slope. And nowhere is the bottom of that slope more evident than in the recent impeachment of leftist President Dilma Rousseff of Brazil.
Brazil has history with impeachment. In 1992 then president Fernando Collor de Mello resigned after Congress voted in favour of his impeachment on charges of bribery and misappropriation of funds. Similar charges of “budgetary mismanagement” were brought against Ms. Rousseff in 2016 by a Congress dominated by the center-right PMDB, Brazil’s largest party, which has the most seats in Congress (66) and is the one to which her vice president Michel Temer belongs (the coalitional aspects of Brazilian politics are too complex to get into here but suffice it to say that Rousseff was trying to keep her friends and allies close and her enemies closer. That did not work out as planned). By the time the first reports of fiscal irregularities surfaced in 2015, the PMDB-led majority in Congress had gone full-blown disloyal in a context of economic stagnation and assorted crises (Zika, lack of Olympic preparations) and were itching to find a reason to remove Rousseff (who was not anywhere as popular as her Workers Party predecessor Luis Ignacio “Lula” da Silva). The investigation into financial wrongdoing gave them their window of opportunity.
The charges against Rousseff stemmed from “Operation Car Wash” (Operacao Lava Jato) into bribery and corruption involving the state oil monopoly Petrobras, assorted construction firms, politicians, bureaucrats and financial entities. Without going into the details, let’s just say three things: First, corruption is a way of life in Brazil, not just an aspect of how the economic and political elite behave (hence the phrase fazer jeito, or ” a way of doing things” on the sly). Of those legislators demanding her impeachment and who voted against her at the Senate trial, over a dozen are being investigated or have been charged with corruption themselves, including now-president Temer. Included among the luminaries who voted to oust her is a former Army officer who was involved in her torture when she was imprisoned by the military dictatorship in the early 1970s, and who said during the proceedings that it would have been best that she were killed while in custody.
Secondly, creative accounting by Brazilian governments is a time-honoured tradition that crosses party lines. Most reputable political and financial analysts agree that not only was Ms. Rousseff not personally involved or benefitted by dodgy Treasury figures, but that in the scheme of things the book fiddling done by her government was not criminal but in fact par for the course in Brazil. Unfortunately for her, Article 85 of the Brazilian constitution and the Fiscal Responsibility Law specifically prohibit mismanagement and disregard for the federal budget. This was the seldom used rope that Congress hung her with.
Thirdly, no impeachment in Brazil can occur without the tacit assent of the armed forces. Of all the sordid aspects of Rousseff’s impeachment, this is the most sobering one. 30 odd years after they returned to the barracks, Brazil’s military still sees forced removal of elected presidents as a viable option–so long as it does not involve them directly.
This is why what happened in Brazil a week or so ago was a constitutional coup. Impeachment is the weapon of choice for the constitutional coup plotters, but their intentions are disloyal and their objectives sinister at heart. Their motivations have nothing to do with honesty and transparency in government or defending democracy. Instead, they are about playing the system for tactically opportunistic partisan gain.
Brazil is not the only Latin American country to have suffered a constitutional coup. In 2012 Paraguayan President Fernando Lugo was impeached and removed from office, ostensibly because of his mishandling of a land occupation that ended in violence. He was given two hours to prepare his defense, and was replaced by his Vice President, who sided with the legislative opposition against him. Subsequent publication of US embassy cables by Wikileaks revealed that as early as 2009 opposition leaders had begun to discuss using impeachment as a way of ousting Lugo from office (Lugo was elected in 2008). They eventually succeeded.
There is a problem with this strategy: more than one side can play that game, and learning curves may teach that rather than the exception, the use of impeachment in pursuit of a constitutional coup can become the new norm. That in turn can spur a contagion effect, whereby politicians in other democracies with presidential systems see merit in pursuing similar courses of action. Worse yet, repeated recourse to constitutional coups as partisan weapons can lead to outright military intervention, at which point the return to the traditional form of coup trumps any constitutional niceties.
One should take this into account when pondering the activities of political actors in presidential-system liberal democracies, be they big and small. Because in a world where military-led coups are considered particularly thuggish and therefore distasteful, the constitutional coup is the genteel authoritarian’s game.