Posts Tagged ‘Representation’
Citizens of mature democracies frequently complain about politics and politicians, whether it is the influence of money in politics, the rise of corporate lobbyists, or outright corruption, but they often simultaneously retain a strong faith in the actual political institutions that govern over them. The citizens of the United States are no exception in this regard. More often than not they hold a genuine belief that their system of government itself, framed as it is by a constitution written over two hundred years ago, is fundamentally good.
What exactly is it that our American friends believe to be good, even superior, about their system of government? It is founded on a division of powers that is supposed to guard against radical or rapid-fire policy-making, an in-built conservatism that is compounded by federalism. Presidential power is checked by Congress, and presidentialism, it is argued, is further superior to parliamentarianism because electoral terms are fixed, meaning that they can’t be messed about with for political purposes. Supporters of the US system will even work to defend the politically appointed nature of the public administration in terms of democratic accountability, cutting across the power of the career bureaucrat who runs rings around members of parliament in an effort to expand his or her own power base.
The Trump presidency has defied those conventions to the point that people are talking about an incremental or “quiet coup” in the US. The concern is that his circumvention of traditional White House practice is designed to consolidate power in the Oval Office at the expense of the legislature and judiciary. But there is more to it than rule by decree: the problem with President Trump’s behavior rests partially with him and partially with the system that allowed him access to power.
Beyond the pernicious influence of corporate money and the venal nature of the Beltway elite, the first two weeks of Donald Trump’s presidency shows that something is rotten about the state of the US political system. Institutions are only as good as the customs, practices, and arguably even the wider political culture in which they are embedded. The rule of law, it turns out, is not as robust as the myth would have it, at least not when it comes to placing restraints of Executive Authority. What many have assumed were legal requirements surrounding the behaviour of a US president are in fact only long-term practices, traditions, and even “understandings” that President Trump has wasted no time ignoring. Add the fact that every other President in modern history was disciplined into exercising political self-limiting behaviour through experience with public service of some kind, which Trump does not have as a personal or professional attribute, and then it is fair to say that the system of government itself is in a state of decay.
The premise upon which the US presidential edifice once stood was the notion of executive self-limitation (or self-restraint). A core tenant of democracy, self-limitation in the presidency means that the president will not stretch or ignore customary norms to advance his own agenda, nor will he put his interests above those of the nation. The assumption is that once president, individuals will subordinate their own interests to those of the nation even if it means refraining from taking advantage of the office for personal or abjectly partisan gain. Even if historical practice has shown that presidents push the margins of this tradition, none have shown such a blatant disregard for it as has Mr. Trump.
This points to a fundamental weakness of the US presidential system. Rather than being constrained by strong institutional boundaries and legally defined limits to what can and cannot be done, the US presidency assumes goodwill and an interest in consensus and compromise in pursuit of collective good on the part of those who occupy the Oval Office. In past practice, that has largely been the case. Those who have taken the oath of presidential office have voluntarily fitted into the strait jacket of institutional weight and national history and have generally conducted themselves within the customary limits of Executive Authority.
The customary limits of US presidential authority rest on horizontal and vertical accountability. The former involves executive accountability to the other branches of government. The latter involves presidential accountability to the electorate, the media and the federal bureaucracy under executive control. The assumption is that presidents will acknowledge their responsibilities on both dimensions and act accordingly when it comes to issues of transparency and oversight.
That is not the case now. President Trump has set out to redefine limits of presidential authority in order to implement his campaign platform unchecked by either form of accountability. He has ignored Congress, challenged (and vilified) the courts and federal agencies when signing executive orders or pushing his version of events and has selectively turned on the media with the full weight of his office (since, among other media-related issues, providing such things as regular and open briefings to the entire White House press corps is a courtesy, not a requirement). He claims that he speaks directly and answers to “the people” alone and that his actions in office are justified by his electoral mandate. This represents an example of what Spanish political sociologist Juan Linz called the “authoritarian temptation” of presidential systems: those in presidential office can, if they wish, use that office to impose by executive fiat unilateral approaches to policy-making while ignoring the conventional trappings of presidential accountability (before dispensing with them altogether). As the first amongst equals, the president can ignore or by-pass Congress when expedient and can seek out judges that will uphold his policy vision under legal challenge (and look to replace replace those that do not). And since it is the president who appoints senior staff throughout the US federal bureaucracy, it is the president’s unvarnished wishes and desires that are channeled first when it comes to translating policy into practice.
In other words, presidential systems facilitate the rise of what is known as “electoral authoritarianism” whereby a freely elected democratic president uses the privileges of office (such as Executive Orders and Decrees) to consolidate power at the expense of the other two branches in order to then unilaterally impose undemocratic policies on society. From Peron to Chavez to Dutarte to Mugabe and Putin, the historical record is replete with cases of presidential systems that started out as freely elected but inevitably turned authoritarian while maintaining a façade of electoral legitimacy and some measure of populist appeal.
This is an inherent flaw of presidential systems as much if not more than that of any one individual.
In the case of president Trump there is a twist, and its name is Steve Bannon, the president’s closest advisor. The former publisher of the white supremacist, anti-Semitic conspiracy web site Breitbart, who was a link between Russian operatives and the Trump camp during the campaign, has been appointed White House chief strategist and made a Principal of the National Security Council at the expense of the Chairman of the Joint Chiefs of Staff and Director of National Intelligence (both of whom were demoted). Having previously spoken of “smashing the system” and author of the phrase “draining the swamp,” Bannon sees Trump as an empty vessel into which he can pour his ideological agenda. It was Bannon and another former Breitbart editor, Steve Miller, who wrote both the dark Inaugural Address (“carnage in America”) and the Executive Order banning refugees and citizens of seven Muslim-majority states. It is Bannon who shapes the Trump worldview and who sets the policy agenda in the West Wing.
Bannon sees the world as immersed in an apocalyptic struggle between traditional Western values and usurpers from Asia and the Middle East. He sees liberal democracies as weak and ineffectual, trying to be all things to all people and masters of none. His vision foresees a final confrontation between the dark forces aligned against the West and the last bastions standing to defend it: the US and Russia. In fact, he has predicted and advocated for US wars with China and Islam on the premise that the US has arrived at its “4th Turning:” a period, like the Revolutionary, Civil and Second World Wars, where the US remakes itself via existential conflict into a new and revitalized state after a period of economic, cultural, social and political decline. Since Bannon believes that the US retains a measure of strategic superiority over both of these perceived rivals at this point in time but is at risk of losing that advantage, his timeline for war is short and his preferred approach is to initiate conflict while the US strategic advantage still holds.
Bannon understands the weakness of presidential systems that rely on self-limiting voluntarism for commonweal governance. He knows that presidential systems allow for much more executive initiative and discretion when pursing policy, including the use of force. He sees a window of opportunity in the form of a Republican controlled Congress with a self-serving leadership and a disorganized Democratic opposition.
In view of these institutional conditions, rather than honor tradition he has moved to exploit it. Trump serves as the perfect vehicle for his shadow agenda and the Republican Party plays along because it feels that it can get something in exchange (such as presidential support for its legislative agenda, including repeal of abortion rights and the Affordable Care Act as well as pro-business tax reform).
Bannon would not have as much influence if he was not operating in a presidential democracy in which custom and tradition rather than legally defined codes of conduct were the norm. In fact, without legally defined institutional constraints, norms are not enforceable when incumbents decline to engage in self-limiting behavior.
In the US presidential system the only real check on executive authority is the court system. Although Congress can pass laws that compel or otherwise restrict aspects of presidential behavior (like the current bill requiring Steve Bannon’s appointment to the NSC be subject to Congressional approval), the highly partisan nature of the US federal legislature, including on the subject of presidential impeachment, makes passage of such legislation difficult and subject to legal challenge and/or reversal. In the unlikely event that Congress orders the president to adopt a specific norm or practice, the matter will inevitably wind up in court.
So the court system has the last say on how US presidents should behave, but that is on a case-by-case basis. Moreover, in truth US courts are more arenas of contestation that determinants of adjudication. The real check on executive behavior comes in the form of litigation (and the threat thereof), but in order to litigate the limits of presidential power, legal challenges must be phenomenally well funded and argued. Even state governments may find themselves unable to sustain legal challenges to executive action in the face of the federal authorities’ determination to defend presidential prerogatives. Public interest groups, law societies, religious,ethnic, business and labour organisations, NGOs and CSOs have even less resources with which to fight the Executive Branch, so the path of legal challenge is institutionally skewed in the president’s favour.
All of which is to say that Donald Trump’s behavior as president is as much due to the nature of the political system into which he is inserted as much as it is due to his sociopathic personality.
This does not mean that parliamentarianism is always the preferred democratic system. Many variables come into play when determining which system of representation is best suited for a given polity. But what is clear is that custom and practice are no substitute for the rule of law when it comes to government institutions as well as citizens, and in that regard, it is the system not the people who have failed when it comes to preventing the excesses now dominating the White House.
This essay began as an exchange of notes with Kate Nicholls, who teaches at AUT.
So, John Key decided to resign rather than lead his government into an election for a fourth term. Some amongst the opposition are gloating and speculating about the reason why. As someone who did not appreciate the US Right gloating over Drumpf’s election, I would simply say to my Lefty friends that there is such a thing as decorum, and that the best thing to do now is to be gracious and plan for a hard run at winning the 2017 election.
Let’s be honest. John Key is a formidable politician. When it comes to the Opposition, he came, he saw, he kicked a** and took names, then quit while he was on top. His timing is impeccable. He never lost an election and his party never lost a general election while he was leader. He saw off Helen Clark, then dispensed with Phil Goff, David Shearer, David Cunliff and Andrew Little. In fact, at times it seemed like he was just slapping the Opposition Leader around like a cat plays with mice. Nothing burst his matey aura and kiwi-style “aw shucks,” charisma–not inappropriate touching of women, not his his radio lechery and vulgarity, not his ineptitude when it coms to responding to natural and man-made disasters, not influence peddling by his cabinet, not his going to watch high school baseball games in the US instead of attending the funerals of NZ soldiers killed in action in an (some would say futile) Afghan conflict that he sent them to, not selling off state assets, not negotiating trade agreements against the popular will. The guy is the ultimate Teflon John.
For that reason his resignation is a huge gift to the Opposition, as National would have won easily had he stuck around. Now the issue is whether this was a long-planned move, in which case National will have a succession strategy in place, or whether it was a sudden move forced by something like a serious illness in the family. If it is the latter, then the Nats have no strategy in place and the knives will come out amongst the various factions vying for the leadership. Just think of it: Collins versus Bennet versus Joyce versus English versus Bridges versus Coleman versus Brownlee versus assorted lesser lights and hangers-on. It will be epic, but Labour needs to just let them fight it out while it develops a sound policy platform for all Kiwis (capital gains tax, infrastructure development, immigration policy, etc.).
If this is a planned move and a succession strategy and electoral agenda is already in place, then Labour and its potential allies are behind the eight ball. Whoever is chosen as next National Party Leader will want to make a positive policy impact in an election year, and with National controlling the purse strings while in government until then, it is clear that it will use the advantages of incumbency to the fullest. It is therefore imperative that Labour and other opposition parties anticipate and develop a counter-proposal to whatever is going to be offered. That is a big task.
Gloating about Key’s departure just shows a lack of class, just like going hysterical about Michael Wood’s win in the Mt. Roskill by-election is reading waaaay too much into it. The general election next year is still for National to lose, and quite frankly from what I have seen of Labour recently, it is not as if it is positioning itself as a fresh alternative with a raft of innovative policy ideas. That is why it is time to get cracking on the latter.
Not so sure what the Greens intend to do, but if the announcement of their new candidate in Auckland is any indication, they are regressing rather than progressing. Time to re-assess my party vote.
It is said that the Mana and Maori parties are in talks to merge. Cue Tui ad here.
Winston First is already bleating about sinister reasons behind the PM’s departure. I say who the **** cares? He will be gone by the time the s**t hits the fan if it in fact does, so the best course is to offer viable prescriptions for a better future rather than assign blame. But then again, that is what Winston does.
I do not much like the Mr. Key or his government. His “attack the messenger” tactics of smearing decent and honest people grates on me because among his targets are people I know, including friends of mine. His politics are retrograde and money changers are about profits rather than average people, so his was a government destined to reward the upper crust rather than the plebes. But I know a good politician when I see one, and John Key was a very, very good politician.
So lets thank him, however forcedly, for his service, recognise his domination of the political landscape while in office and concentrate on making sure that his would be heirs never get close to Level 9 of the Beehive.
PS: Key says that there is no scandal and that everyone’s health is fine. So his decision to suddenly leave was deliberate and yet done as a surprise. He has, in effect, shafted his own caucus. Some think that doing so before Xmas leaves Labour in disarray. I would argue that Labour is no worse for the timing of his announcement and instead has more time to get its election campaign platform together. For whatever reason, it is National that was the target of Key’s move. Either the lure of a lucrative Blair-type post-politics career was to too much to resist, or perhaps he just got sick and tired of his National fellow travellers.
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 straight 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.
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.
Barring some disaster, Hillary Clinton will win the US presidential election in November. That poses an interesting question for the US Left, because the defensive support for her offered by Sanders supporters and other progressives in the face of the Trump alternative can only be considered to be more than a short-term tactical ploy if her administration adopts progressive policies. Otherwise it is, as many have accused, continuation of politics as usual or Obama 2.0. This is, of course, at the heart of the negotiations between the Sanders camp and Clinton’s people at the DNC policy platform meetings, and it remains to be seen if the Clintonites will make good on their promises.
That brings up the perennial problem for political activists: how to turn a moment into a movement. US commentators are already using the phrase with regard to the Sanders primary run and the impact it will have on a future Clinton presidency. Some think that he has run his course, that status quo Democratic policies will prevail, and that the forces that his campaign galvanised will either go mainstream or dissipate into another pool of apathy and disenchantment. Others believe that to the contrary, the Sanders campaign has stirred new life into the American Left and that his campaign legacy will have an impact on how Clinton approaches the Oval Office.
It is a tough one to call. It is clear that Clinton needs to cater to Sander’s supporters in order to win the election. She cannot dismiss them before November 8 but could in theory do so afterwards, especially if the Democrats regain control of the Senate (they only need to win four seats) and make inroads into the Republican House majority (the Democrats would need a turnover of more than thirty seats to regain control of the lower chamber). The situation is made worse for progressives if Clinton wins by a landslide (anything over seven points) because she can point to a “mandate” that does not include them. That will be also be the case if political nihilists on the Left opt to “blow up the system” by voting for Trump or minor party candidates in large numbers. The latter will tighten the race unnecessarily (in Clinton’s eyes) and will, should she win, see her turn her back on the post-modern New Left wing of her party (I use the term “New Left” not in the sense of the 1960s Left but in the sense that post-modern progressives in the US are not in their majority affiliated with unions or other traditional organisational sources of Democratic electoral power). After all, she can say that they turned on her and she still won because the US political centre preferred her over Trump. She can feel justified in believing that she does not need the New Left to govern and therefore should not push policy initiatives at their behest.
Assuming a Clinton victory, the ideal situation for US progressives is twofold: most of Sanders’ supporters and others on the Left opt to vote for Clinton and she wins by a relatively close margin (say, between 3-5 points); and vote for Democratic candidates in key congressional districts knowing that a progressive presidential agenda needs congressional support in order to become law. That requires voter education (on the whys and hows of linking down-ballot choices to the presidential race and how executive-legislative relations can impact decisions with long-term consequences such as Supreme Court nominations) as well as mobilisation in favour of the progressive policies adopted by the DNC at the platform negotiations (and perhaps more).
In that preferred scenario, because Clinton will understand that she absolutely required a groundswell of New Left voters to win a close race, it will be harder to abandon them once victory is achieved. Even more so, it will be virtually impossible to renege on the progressive agenda if key wins by Democrats in Congressional races were owed to the participation of New Left voters.
So the Bernie “moment” in the primaries also has to become a dual proposition in the general election and post-election phases of the campaign if it is to become a movement. The New Left need to continue to mobilise in support of Clinton during the weeks leading up to November 8 and they need to continue to pressure her administration, both directly and through the elected Congressional candidates who needed their support to win, after she assumes the presidency and the 115th US Congress is convened in January 2017.
In other words, the transformation of the Sanders moment into a New Left movement requires one other “M:” momentum. That momentum has to be sustained through November and into the next administration and congressional term if the moment is to become a movement.
That is where some dark clouds arise on the Clinton electoral horizon, and they are not caused by Trump. In the purported interest of “balance” (regardless of the outright campaigning on his behalf by conservative media outlets), mainstream news organisations are delving into her emails while Secretary of State, into her relationship with Clinton Foundation donors while in office, into why she does not hold press conferences (which is patently self-serving on the news agencies part) and even into spurious conspiracy theories about her health. These investigative efforts go beyond reporting on official FBI investigations of Clinton’s use of a private email server during her tenure as SecState and in spite of the fact that none of her activities while in office have been linked to any policy decision or personal favour offered on her part. For reasons known only to Julian Assange and his comrades, Wikileaks has targeted her communications and those of the DNC, both independently as well as in cooperation with Russian-based hackers, while neglecting to do so with those of Trump and the RNC.
Any one of these lines of inquiry have the potential to divert attention and resources away from her policy agenda and could even derail her campaign if found to contain seriously negative substance (nothing of which has been found so far in spite of the best efforts of the Trump campaign and its media lackeys). So the onus is on Clinton to re-energise her support base in the face of these dishonest and scurrilous attacks and to re-focus on the policies that she will bring to the Oval Office and share with her Congressional colleagues. That is where the New Left vote is vitally important. Just as Trump has his core base in middle aged white working class lower educated people, Clinton has a core base in urban professionals. But both of them need to expand their appeal outside of those cores, and it is the New Left that Clinton needs to court most assiduously. That gives the New Left leverage on her and they need to know how to judiciously take advantage of it.
To be sure, the GOP is working to separate the New Left from Clinton. It may not get the attention that trying to divorce Trump from down-ballot GOP candidates has received from the RNC, but Republicans clearly want the Sanders crowd to alienate from Clinton whether or not they vote for another candidate like Jill Stein (Green). For the GOP, getting the New Left to stay at home rather than vote is just as important as getting them to adopt the nihilist approach of voting for spoilers.
This is made interesting by the fact that Libertarian presidential candidate Gary Johnson is polling at around 10-12 percent and has received financial backing from erstwhile big GOP donors, while Jill Stein is polling around 5 percent. Usually third party candidates barely receive 10 percent of the vote in a US general election, so the fact that these candidates could receive 15 percent or more changes the dynamics of the presidential race quite dramatically. That reinforces the need for Clinton to get out the New Left vote on her behalf in significant numbers, something that will allow her to build momentum in the run up to election day and which in turn means that she must accept the fact that the Bernie moment has become a progressive movement. This will annoy her backers on Wall Street and corporate America, but they also can see the dangers of having a populist demagogue with Tea Bagger tendencies occupying the White House. For them as well as many on the New Left, she is the lesser evil.
It will be interesting to see how things play out over the next 9 weeks. Two things are certain: every vote will count this time around and what is now a moment of opportunity can only be transformed into a sustainable movement if the New Left puts, however reluctantly or sceptically, its collective weight behind the Clinton campaign in order to build the momentum of progressive change beyond election day.
Let’s hope that I am not wishful thinking.
Posted on 15:46, June 1st, 2016 by Pablo
I was invited to speak at a forum in Wellington on the “Privacy Security Dilemma.” It included a variety of people from government, the private sector, academia and public interest groups. The discussion basically revolved around the issue of whether the quest for security in the current era is increasingly infringing on the right to privacy. There were about 150 people present, a mixture of government servants, students, retirees, academics, foreign officials and a few intelligence officers.
There were some interesting points made, including the view that in order to be free we must be secure in our daily lives (Professor Robert Ayson), that Anglo-Saxon notions of personal identity and privacy do not account for the collective nature of identity and privacy amongst Maori (Professor Karen Coutts), that notions of privacy are contextual rather than universal (Professor Miriam Lips), that in the information age we may know more but are no wiser for it (Professor Ayson), that mass intrusions of privacy in targeted minority groups in the name of security leads to alienation, disaffection and resentment in those groups (Anjum Rahman), and that in the contemporary era physical borders are no impediment to nefarious activities carried out by a variety of state and non-state actors (various).
We also heard from Michael Cullen and Chris Finlayson. Cullen chaired the recent Intelligence Review and Finlayson is the current Minister of Security and Intelligence. Cullen summarised the main points of the recommendations in the Review and was kind enough to stay for questions after his panel. Finlayson arrived two hours late, failed to acknowledge any of the speakers other than Privacy Commissioner John Edwards (who gave an encouraging talk), read a standard stump speech from notes, and bolted from the room as soon as as he stopped speaking.
Thomas Beagle gave a strong presentation that was almost Nicky Hageresque in its denouncement of government powers of surveillance and control. His most important point, and one that I found compelling, was that the issue is not about the tradeoff between security and privacy but between security and power. He noted that expanded government security authority was more about wielding power over subjects than about simply infringing on privacy. If I understand him correctly, privacy is a commodity in a larger ethical game.
Note that I say commodity rather than prize. “Prize” is largely construed as a reward, gain, victory or the achievement of some other coveted objective, especially in the face of underhanded, dishonest, unscrupulous and often murderous opposition. However, here privacy is used as a pawn in a larger struggle between the state and its subjects. Although I disagree with his assessment that corporations do not wield power over clients when they amass data on them, his point that the government can and does wield (often retaliatory) power over people through the (mis) use of data collection is sobering at the very least.
When I agreed to join the forum I was not sure exactly what was expected from me. I decided to go for some food for thought about three basic phrases used in the information gathering business, and how the notion of consent is applied to them.
The first phrase is “bulk collection.” Bulk collection is the wholesale acquisition and storage of data for the purposes of subsequent trawling and mining in pursuit of more specific “nuggets” of actionable information. Although signals intelligence agencies such as the GCSB are known for doing this, many private entities such as social media platforms and internet service providers also do so. Whereas signals intelligence agencies may be looking for terrorists and spies in their use of filters such as PRISM and XKEYSCORE, private entities use data mining algorithms for marketing purposes (hence the targeted advertisements on social media).
“Mass surveillance” is the ongoing and undifferentiated monitoring of collective behaviour for the purposes of identifying, targeting and analysing the behaviour of specific individuals or groups. It is not the same thing as bulk collection, if for no other reason than it has a more immediate, real-time application. Mass surveillance is done by a host of public agencies, be it the Police via CCTV coverage of public spaces, transportation authorities’ coverage of roadways, railroads and airports, local council coverage of recreational facilities and areas, district health board monitoring of hospitals, etc. It is not only public agencies that engage in mass surveillance. Private retail outlets, shopping centres and malls, carparks, stadiums, entertainment venues, clubs, pubs, firms and gated communities all use mass surveillance. We know why they do so, just as we know why public agencies do so (crime prevention being the most common reason), but the salient fact is that they all do it.
“Targeted spying” is the covert or surreptitious observation and monitoring of targeted individuals and groups in order to identify specific activities and behaviours. It can be physical or electronic (i.e. via direct human observation or video/computer/telephone intercepts). Most of this is done by the Police and government intelligence agencies such as the SIS, and most often it is done under warrant (although the restrictions on warrantless spying have been loosened in the post 9/11 era). Yet, it is not only government security and intelligence agencies that undertake targeted spying. Private investigators, credit card agencies, debt collectors, background checking firms and others all use this as a tool of their trades.
What is evident on the face of things is that all of the information gathering activities mentioned here violate not only the right to privacy but also the presumption of innocence, particularly the first two. Information is gathered on a mass scale regardless of whether people are violating the law or, in the case of targeted spying, on the suspicion that they are.
The way governments have addressed concerns about this basic violation of democratic principles is through the warrant system. But what about wholesale data-gathering by private as well as public entities? Who gives them permission to do so, and how?
That is where informed consent comes in. Informed consent of the electorate is considered to be a hallmark of robust or mature democracies. The voting public are aware of and have institutional channels of expression and decision-making influence when it comes to the laws and regulations that govern their communal relations.
But how is that given? As it turns out, in the private sphere it is given by the phrase “terms and conditions.” Be it when we sign up to a social media platform or internet service, or when we park our cars, or when we enter a mall and engage in some retail therapy, or when we take a cab, ride the bus or board a train, there are public notices governing the terms and conditions of use of these services that include giving up the right to privacy in that particular context. It may be hidden in the fine print of an internet provider service agreement, or on a small sticker in the corner of a mall or shop entry, or on the back of a ticket, but in this day and age the use of a service comes attached with it the forfeiture of at least some degree of privacy. As soon as we tick on a box agreeing to the terms or make use of a given service, we consent to that exchange.
One can rightly argue that many people do not read the terms or conditions of service contracts. But that is the point: just as ignorance is no excuse for violation of the law, ignorance of the terms of service does not mean that consent has not been given. But here again, the question is how can this be informed consent? Well, it is not.
That takes us to the public sphere and issues of governance. The reality is that many people are not informed and do not even think that their consent is required for governments to go about their business. This brings up the issue of “implicit,” “implied” or inferred” consent. In Latin American societies the view is that if you do not say no then you implicitly mean yes. In Anglophone cultures the reverse is true: if you do not explicitly say yes than you mean no. But in contemporary Aotearoa, it seems that the Latin view prevails, as the electorate is often uninformed, disinterested, ignorant of and certainly not explicitly consenting to many government policy initiatives, including those in the security field and with regards to basic civil liberties such as the right to privacy and presumption of innocence.
One can argue that in representative democracy consent is given indirectly via electoral processes whereby politicians are elected to exercise the will of the people. Politicians make the laws that govern us all and the people can challenge them in neutral courts. Consent is given indirectly and is contingent on the courts upholding the legality if not legitimacy of policy decisions.
But is that really informed contingent consent? Do we abdicate any say about discrete policy decisions and legislative changes once we elect a government? Or do we broadly do so at regular intervals, say every three years, and then just forget about having another say until the next election cycle? I would think and hope not. And yet, that appears to be the practice in New Zealand.
Therein lies the rub. When it comes to consenting to intrusions on our privacy be they in the private or public sphere, we are more often doing so in implicit rather than informed fashion. Moreover, we tend to give broad consent to governments of the day rather than offer it on a discrete, case by case, policy by policy, law by law basis. And because we do so, both public authorities and private agencies can collect, store, manipulate and exchange our private information at their discretion rather than ours.
Things are getting interesting on the Democratic side of the US presidential primaries. Although Hillary Clinton is on pace to win the nomination, Bernie Sanders continues to dog her steps with wins that keep him, if not within striking distance of securing the nomination himself, close enough in delegate count and popular support to narrow the gap between them to the point that she cannot claim a decisive mandate as the nominee. That is important because if the trend continues, and especially if he can stay close or win in California in early June, he can arrive at the convention armed with demands that will have to be met if he is to throw his support behind her in the general election. There is already talk of him running as an independent (which is what he was until he entered the Democratic primary). That would prove disastrous for the Clinton campaign and could turn the presidential race into a mirror image of two divided major parties having candidates from within their ranks running as spoilers against their convention nominees.
Let us be very clear on one thing: Bernie is right when he says that the Democratic nomination process is stacked against him. Between interest group super delegates whose loyalty is pledged to Clinton regardless of primary results to the closed primary process itself, there has been concerted effort by Democratic party bosses to keep his numbers down by denying independents the right to vote and counter-balancing the popular vote with super delegate selections. He has, quite frankly, been cheated on more than one occasion and that does not even take into account the more underhanded tactics used against him by the Democratic National Committee.
This spilled over recently in the Nevada Democratic convention, where a pro-Clinton state party chairperson overruled Sanders supporter’s motions and sat Clinton delegates rather than those pledged to Bernie. The convention descended into chaos and the chairperson, a woman, was inundated with vicious misogynistic physical threats mainly from the so-called “Bernie Bros,” presumably angry young men. Although Sanders issued a one line sentence condemning violence in a three paragraph statement about that convention, the bulk of it was dedicated to highlighting the underhanded moves made by the chairperson and her minions. He followed that with a victory speech after the Oregon primary (which he won handily) in which he remained defiant, belligerent and determined to take his campaign to the convention. He does not appear to be in the mood for reconciliation with Ms. Clinton.
Needless to say, Democratic Party leaders, Clinton supporters and many liberals are freaking out over this. They see Sanders as a sore loser given that he knew what he was getting into when he joined the party last year in order to run for the nomination. They see his candidacy as interfering with the streamlined selection process that was supposed to result in a unified consensus backing Clinton. More importantly, they see his intransigence and talk of a third party run as handing the keys to the Oval Office to Donald Trump, especially given that some Republican Party luminaries are lining up behind the Orange Crush as a matter of partisan duty regardless of what the consequences may be should he become president. In fact, however reluctantly, the Clinton haters within the GOP and their media surrogates appear to be coalescing behind Trump at the same time that the fractures within the Democratic Party are getting more pronounced. No wonder Democrats are freaking.
I am less concerned than my liberal US friends about this because I think that Sanders is playing his cards correctly. The reason is because I think that what he is playing is a variant of the “moderate-militant” strategy. A moderate-militant strategy is one where a militant objective is announced as a first negotiating point and pursued until an opposing actor makes moderate concessions to the militant. Rather than the militant goals, the real intent is to secure moderate gains. The militant starting point is just a negotiating ploy designed to force the opposing side to move towards it in the hope of securing an agreement.
In the Sanders version, the strategy is to run his campaign on “socialist” principles all the way to the convention. By playing hardball and not wavering before it, he forces the Clinton camp to accept the fact that without him they cannot win and with his supporters opposed they will certainly lose the general election. If Sanders arrives at the convention armed with a strong contingent of delegates in spite of all the manoeuvres against him, he can threaten to tell his supporters to either not vote or cast their ballots against her in the general election. In that case it is very likely that Clinton will concede on important issues and incorporate them into her policy platform before she is declared the nominee. This decision will be made easier by the GOP partisan consolidation around Trump, which brings closer to reality the heretofore unimaginable prospect of his presidency. Given her own negatives, she can no longer rely on loathing of Trump as a guarantee of a defensive vote turnout against him. She needs Bernie more than he needs her, and his playing tough all the way to the convention is a way of underscoring that point.
The worst thing that Sanders can do is concede or pull out of the race before the convention. Were he to do so he would lose any bargaining position he might have had at the convention because for the militant-moderate strategy to work it must be held steadfast until the other side makes a conciliatory move. Given their differences, including opposing views on whether to embrace corporate reform and accept special interest political financing among many other things (such as the US position on Israel-Palestine), it would be a waste of all the time, resources and effort he and his supporters have put into his campaign to abandon it before they have a chance to make their case at the common gathering. Instead, the best bet for his voice being heard strongly at the convention is to press on all the way to it, and then some.
Under no circumstances should Sanders accept Clinton’s assurances on key policy issues in return for his quitting the race and throwing his support to her. I would not trust the DNC and Clinton camp as far as I could throw them. Instead, he must make a condition of his support that the party write in the concessions to his policy demands into the presidential campaign platform adopted at the convention. It may not make for an airtight guarantee once she is elected but it will be much better than relying on her good faith that what was promised will be delivered come January 2017.
If the Clinton camp is smart they will realise that Sanders has brought something new into the party, which given the polarisation of the country and who they are running against, can be a key to their success in November. They must understand how he is playing the game and why he is doing so. They must understand that offering him a position in a Clinton administration is not what he is after and would not suffice to mollify his supporters in any event. They must study their positions in advance and see where they can concede readily and where negotiations on substantive issues will be harder. But what they must understand most is that the chances of a Clinton victory in November rest as much on gaining his support as they do on her own qualifications and experience.
If that is understood, the remaining primaries can be contested vigorously (if not honestly) with a mind towards clearly demonstrating the policy-based platforms of the Democratic candidates versus the empty rhetoric, simple-minded prescriptions and opportunistic bombast coming from the other side. Once that is done, the convention can become not only an arena of contestation between contending ideas about how to take the country forward, but also an opportunity to exchange concessions in order to present a unified front to the voting public. Therein lies the recipe for success in November.
One proven strategy for campaigns that have little substantive by the way of policy to offer and which are trailing in the polls is to drop any pretence of having a grounded policy platform and instead turn to populist demagoguery while casting slings and arrows at opponents. The most common is the “sky is falling” approach, whereby the social and political backdrop to the campaign is cast as one of doom and gloom, with armageddon-like results if the opposition wins. Those undertaking this strategy depict the struggle as a fight between good and evil, as a last chance to roll back the hounds of hell bent on devouring what is left of the good ole days and the traditional way of doing things. The key to the strategy is to divert public attention from core policy issues and towards incidental yet highly emotive areas of social exchange where purchase can be made of difference, uncertainty and fear.
In the current US election campaign, that is precisely what the GOP candidates, Donald Trump in particular, have been doing. They frame the contest as if the US was staring at the abyss as a result of the Obama administration, with Hillary Clinton as the lead horsewoman of the apocalypse. This is designed to tap into American’s deep sense of insecurity and pessimism even if the reality of the US condition suggests that many of these concerns–which are held mostly but not exclusively by conservatives–are both exaggerated and unfounded.
The GOP version of the sky is falling approach has twist in that it invokes so-called “culture wars.” The notion that the US is in the midst of “culture wars” started out as an anti-political correctness theme among conservative politicians and media commentators. It has now morphed into an all-encompassing attack on so-called progressive and “secular humanist” socio-economic reform and social changes that may or may not have been pushed by political actors. It is resurrected by the media and political Right every election year. For example, conservatives today rail against the outsourcing of US jobs done supposedly in order to curry favour with foreign trading partners even though in the past they have no issue with the dynamics of globalized production. And yet it is has been advances in robotic technologies rather than politicians that have displaced blue collar shop floor jobs in the US, and the US is not the only place where this has happened. For this crowd abortion is not an individual choice but state-sanctioned murder, and scientific research that uses fetal tissue is part of a vast death machine targeted mainly at (potential) white christians. The so-called “War on Christmas” is really an attack on Christianity and the Judeo-Christian foundations of the Republic. In this appeal, the siren call is that it is time to make a stand and confront the usurpers of the traditional faith, however illusory they may be.
The same folk have reacted viscerally to the Black Lives Matter movement, reviving some unhappy ghosts of the past in doing so, by seeing it as a group of self-entitled freeloaders, enablers, opportunists (yes, Al Sharpton is there), plus assorted and occasionally organised thugs who seek to divert responsibility from their collective lack of values as well as the actions of people of colour who have brought lethal police attention upon themselves (in spite of the compelling evidence of epidemic-level police shootings of unarmed black men). They see in Muslims an insidious fifth column bent on imposing Sharia law and usurping the American dream from within. They consider gay marriage as an assault on the sanctity of straight marriage (in a country with a divorce rate of over 50 percent of straight marriages) and the incorporation of openly gay members in the military as a sign of its deliberate weakening. They see universal health care as the imposition of “socialism” and yet another assault on individual freedom of choice. The see attempts at tighter gun control as the antecedent to federal imposition of martial law. The see feminism as the beginning of the end for the traditional family. They take refuge in xenophobia and bigotry as bulwarks against “progressivism” and the inevitable national decline that they believe that it entails.
And, to put it mildly, many of these people see the current US president as representative of all of these maladies. His upcoming trip to Hiroshima encapsulates the view: despite the White House issuing a public statement saying that the president will not apologise for the nuclear attack on the city and will lay a wreath to pay his respects for the innocent civilian dead, conservatives are using this as further evidence of his plan to destroy America while invoking Pearl Harbour as a reason his apology is treasonous (ignoring the fact that senior Japanese government officials have laid wreaths at the Pearl Harbor memorial in the past).
These commentators see progressive brainwashing everywhere, from the “liberal” (yet somehow corporate) media to every level of the educational system. They see indolence and disrespect amongst their youth and expressions of non-Caucasian ethnic pride as the divisive product of political correctness. They basically see the US going to hell in a hand basket.
The entire premise of the sky is falling/cultural wars strategy is defensive. It is designed to prey on people’s fears of losing what they have and their insecurities about keeping or improving on what they have in an uncertain future marked by rapid demographic and social change in an age of global flux. It makes a dark possibility seem like an imminent reality. It is a push-back reaction rather than a forward-looking progression. It plays, ultimately, on ignorance, and in the US there is plenty of ignorance to go around.
The resort to such a strategy would be laughable except for one thing: it works. It diverts people’s attention away from difficult matters of national policy and on to things that have deeply personal resonance and which touch on primitive instincts and desires. Its appeal is unthinking and visceral rather than cerebral and critical. The more raw and emotional the appeal, the more likely the target audience will react spasmodically to it. In doing so, those who invoke that response are able to counter the policy prescriptions of their opponents without really engaging with them.
That is why I am puzzled by the Obama’s decision to push legal action to facilitate transgender use of toilet facilities based on self-identity, not physical traits. Actually, it is not the legal recognition of transgender rights that bothers me but the timing of the push for them. Why could this not have waited until the next presidential term, especially since Hillary looks to win and even Trump is not opposed to the move? Or is that why the initiative is being made now, as it can be seen as further dividing the GOP base from its presumptive presidential candidate?
If so, I think that it is an unnecessary and counterproductive ploy. By pushing for transgender rights at the particular time the White House has thrown a lifeline to the troglodyte Right, who in turn can pressure the GOP elite and Trump to wage war on such a cultural abomination. Already we hear the clamour about perverts lurking in little girl’s toilets, and The Donald’s penchant for flip flopping on issues is well known, so why on earth start up this particular culture war when a year from now passage of transgender rights legislation would have less electoral impact?
If I was a Democratic strategist I would urge the Party and its candidates to not be baited into culture war debates. That will only trap them in a no-win circular shouting match about science and daily practice grounded in “common” versus “good” sense based on different ideas about ethics and morality–but not intellectually honest or informed people but with aggregations of the mental equivalent of Trump’s Mexican built Wall.
Instead, I would urge them to laugh at sky is falling arguments and refute them with the facts. The country is getting more colour in its demographic, has become more tolerant of non-traditional lifestyles, has robust religious diversity, has innovative production and entrepreneurship and remains, regardless of what the GOP doomsayers claim, economically strong and relatively secure in spite (rather than because) of its foreign military adventures. It may not be utopia or even the mythological house on the hill, but it sure ain’t a bloated carcass of decadence floating towards oblivion (unless you are referring to the GOP itself, in which case the analogy applies).
The Democrats should focus on what Gramsci referred to as “touching the essential,” that is, the real state of the economy and national affairs, addressing the real problems of average people in proper perspective (and there are plenty to consider), and offer practical (and practicable) solutions to specific policy issues. That will leave the GOP to bark into the wind about girly men, safe spaces and serial adulterers. Because when the dust has settled on November 8, the sky will still be there and the cultural wars of the Right will have been lost yet again.