Category Archives: democracy

What will Trump play while America burns?

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No doubt many of us would consider an election and its attendant politics to be the paragon of an adversarial institution or process. Naturally, we expect a certain degree of hardball from candidates and parties when it comes to a competition for power. However, it’s one thing to raise hell about partisan gerrymandering – the nefarious scheme politicians employ in order to ensure electoral domination by their party and its other candidates – but isn’t it a whole other ball game to claim that an entire election will be rigged and stolen? (Not even that it was fraudulently won, but that it will be. Fear > Facts.)

Donald Trump’s latest, and arguably most concerning, comments regarding the upcoming presidential election have thrown many reasonable citizens into whirlwinds of confusion, anxiety, and outright fear. (If somehow you haven’t yet heard about any of this, this should bring you up to speed.) Those same flippant, yet consequential, remarks have primed his supporters for what may prove to be the least peaceful transfer of power that this nation has ever seen.

When it comes down to it, especially given the salience and perceived importance of the presidency in the minds of many Americans, the United States really only survives due to the gracious and peaceful quadrennial transfer of power from one chief steward to the next after a free and fair election.

While Donald Trump’s warning that such an American rite may be subverted may suggest negative prospects for his ascension to the presidency, giving at least some of us superficial comfort, the fact remains that he seems to have convinced a not insignificant number of ignorant, confused, obtuse, disillusioned, angry, and armed people to prepare for what we can only imagine would be a literal uprising.

Many Americans consider “the election” to be the fundamental institution of democracy, and to spoil our common trust in its practical efficacy and salutary potency disrespects the rules of the game from a procedural perspective – this is a process which he willingly joined and the rules of which he agreed to follow – and threatens the actual security and stability of the United States as a sovereign state. He has stepped beyond his hateful and ignorant remarks to take aim at the very mechanism through which American democracy is able to exist at all.

Sometimes sports fans burn cars or businesses in their own cities when their teams lose, but should a politician burn a whole country when he loses an election?

-SB

Who makes the rules for selecting the rulers?

escher hands

Our major adversarial institutions are not free-for-all, war-of-all-against-all, slugfests. They are highly regulated competitions, with specific rules in place to encourage desirable outcomes: convicting the guilty but not the innocent (law), creating prices and promoting efficiency (markets), electing competent governments (politics), entertaining fans (spectator sports). The “players” are invited to play to win; but the competitions are not in place primarily for their benefit, but mostly for the benefit of those outside the competition.

This, in a nutshell, is why it always matters who gets to write or amend the rules of these competitions. And why we worry when the “players” get to write their own rules. Especially when a subset of the players — the ones who happened to win the last round — get to write the rules for the next round.

As Arash Abizadeh writes in Toronto’s Globe and Mail,

Here’s the problem: letting politicians who won the last election decide future election rules is like letting the team who won the last playoff game decide rules for the next game. There’s an obvious conflict of interest. Electoral rules determine who forms government, and different rules favour different parties.

After surveying the options for a better process of electoral reform, Abizadeh recommends something novel:

how could electoral reform be legitimized? We need a manifestly fair procedure – a neutral body, unbeholden to politicians, that will reasonably evaluate the alternatives.

Fortunately, political scientists have a solution that fits the bill – a randomly selected citizen assembly. The idea is this: randomly select a few thousand Canadians, ask if they are willing to serve, and, from those saying yes, randomly select 100 to 200 to serve on an assembly empowered to determine federal election rules.

Putting regular citizens in charge may initially seem crazy. Wouldn’t citizens with no special experience or expertise make incompetent decisions? But that’s who decides referenda, too. In fact, Canada is a pioneer in using citizen assemblies to make decisions about voting systems.

We’ve done it twice before, in B.C. and Ontario. Political scientists havestudied both cases, and both were in many respects a great success. Once our fellow citizens received expert advice (about voting systems) and consulted the public, they became well informed, and their deliberations and decision-making were extremely competent and reasonable.

No surprise here: it’s well known to social scientists that under the right conditions, there is intelligence in numbers. The decisions of an assembly of regular but diverse individuals are often more intelligent than decisions by a lone genius or expert.

As they used to say in 1960s sitcoms, that is so crazy it just.. might.. work! It is also not beyond the realm of conceivability that the current Trudeau government in Canada, which promised electoral reform in its last campaign, would consider such a thing.

The probability that anything like this will happen south of 49th parallel, where two parties have successfully colluded to secure a political duopoly for generations, is approximately 0.0. Why think outside the box when the box is just fine the way it is? Why not just hire a consultant…

new yorker escher construction

 

Worth more than 1000 words

I discovered this cartoon a few weeks ago, posted it on Facebook, and within days my post had garnered more than a thousand “likes” and more than 2500 shares. Why all the love? Because it is a Perfect Cartoon. Caption unnecessary.

screwdriver pol

For more wordy reflections on a wider range of ethical issues in political campaigning, see numerous posts on this blog in recent weeks by Isak, below.

Boaty McBoatface, Primaries, and the Illusion of Democratic Legitimacy

halifax-harbour-theodore-tugboat_smaller

The internet seems to bring out the extreme tendencies of human groups. It can connect us over the greatest of distances and provide for the rapid spread of information — whether in the form of revolutionary tweets or cat pictures. At the same time, the anonymity provided by certain social media platforms coupled with mass social movements can end up having some wonky effects.

One such recent sensation was the saga of Boaty McBoatface. As detailed in a recent article in The Atlantic, the UK’s Natural Environment Research Council (NERC) recently ran a contest to determine the name of a new $300-million research vessel. The new ship would explore the remotest waters, its side emblazoned with a name chosen by “the people” of the internet. Or such was the idea.

As Atlantic writer Uri Friedman put it:

The NERC had expressed a preference for an “inspirational,” environmental science-y choice. Your “Shackleton.” Your “Endeavour.” And so on.

Of course, internet users jumped on such an opportunity to “participate” in such scientific endeavors. Before long, the leading entry for the name of the new ship was “RRS Boaty McBoatface,” a name which soon became an internet sensation. As links to the contest were shared, the name continued to gain steam, ending with 124,000 votes — over three times the votes of the runner-up entry.

BOATY

The boat that will NOT be named Boaty McBoatface

Yet the captain (er, Science Minister) Jo Johnson leaned hard on the tiller and, along with the hardy crew (the NERC), decided to bring her about, ignoring the prevailing winds of internet opinion. Such a name just wouldn’t be proper!

This raises the obvious question: if the NERC wanted to maintain creative control over the naming of the ship, why hold the contest at all? Had they never asked the amorphous mob of “the internet” to participate, they could have just named it whatever boring name they wanted. But had the done so, they never would have got people interested. After all, wasn’t the purpose of the marketing ploy precisely to raise awareness for science and give people the feeling that they were somehow participating in the process?

Here we see something pertinent to the study of adversarial institutions: sometimes a contest can be used to give validation or legitimacy to an idea. The logic is generally this: the majority will have little reason to complain about the outcome, since they themselves chose it. Such a notion may appear extremely obvious — after all, we are used to it in its political form: majoritarianism.

Yet the story of “Boaty McBoatface” shows that while a body might set up a such a structured contest to give their actions legitimacy, that same body of organizers might find themselves still wanting control over the outcome. In an alternate scenario, the  NERC could have the people choose between several tried-and-true-and-boring options. But is a choice among options you didn’t pick really a valid choice for the purposes of legitimacy?

The example of Boaty McBoatface seems especially relevant in a U.S. primary season where both major parties have seen strong challenges from candidates considered to be outsiders. On the right, there has been talk of Donald Trump being blocked at the Republican convention by the party establishment; on the left, superdelegates have proved to be a hot-button issue in the contest between Hillary Clinton and Bernie Sanders. Like the NERC, both parties seem to want to have their cake and eat it too: they want to let the people (generally, or of their party) appear to have some input, but they also want to maintain some control over the process.

If there’s one thing that both the saga of Boaty McBoatface and this U.S. primary season will achieve, it will be the raised awareness among citizens and internet-basement-dwellers that sometimes the way that contests are structured matters immensely. Is it enough to have a choice, or is directly choosing the options also required for democratic legitimacy? Needless to say, deciding the scope and limits of democratic legitimacy is and will continue to be a slippery business.

13727196-sign-for-slippery-deck-on-the-cruise-boat-Stock-Photo

Alexander Hamilton and the Supreme Court nomination crisis

By now there is (probably) not a single person in the country who remains unaware of the impending, but also already incredibly intense, showdown over President Obama’s nomination of a new Supreme Court Justice to replace Antonin Scalia, who died last month. (Facts: here. Conspiracy theories: here.)

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In justifying their refusal to consider any nominee, many Republicans cited the authority of both precedent and even some vague Senate “rule,” arguments which have since been unmasked as straight up not true. The number and intensity of opinions seems to be growing wilder and fiercer by the day, so I thought I’d one-up Republicans by appealing to an authority even higher than mere precedent or tradition: Founding Father Alexander Hamilton.

The Brennan Center for Justice at NYU does a great job explaining in this article (which can be read alternatively as a cross-posting at The Huffington Post if, for some reason, you prefer Arial to Helvetica) how the framers of the Constitution, particularly Hamilton (and Madison), expected situations like this would be handled by future generations.

As its authors note: “Our constitutional system only works if the institutional players adhere in good faith to the Constitution’s basic rules.”

Politics is an appropriately adversarial system; however, it is inappropriate, and even dangerous, to play political games with the basic, constitutive rules of a government. Politicizing the mere maintenance of the fundamental institutions of a system of government risks gutting the framework and crippling the stability of that system.

Upon Further Review: Ethical Controversies in Campaigning

Post 3: Bernie Sanders’ “Endorsements”

When and why do pundits, candidates, and campaign staffers cry foul during election season? As I mentioned in my introductory post, this section of the blog will serve as a sort of data collection depository for disagreements about what constitutes fair and unfair play in campaign competitions.

The issue:

Bernie Sanders’ campaign was criticized for running misleading ads in the days before the New Hampshire and Iowa primaries. One ad in particular, titled “Endorsed” (see below), contains excerpts from editorials in Nashua Telegraph and The Valley News praising Sanders. While neither newspaper actually endorsed Sanders, the viewer could be forgiven for thinking otherwise (I highly recommend watching the ad—it’s only thirty seconds long and quite cunning).

The accusation:Trump tweetCarroll, the editor of the Nashua Telegraph, called Sanders’ ad “deceptive.” Hillary Clinton’s campaign released a “briefing” outlining Sanders’ alleged habit of using misinformation. Without explicitly accusing him of unethical behavior, one of her ads on Sanders closes with the question, “Why is Bernie Sanders misleading voters?” A Newsweek piece titled “Advocacy Groups Call Foul on Sanders Campaign in Iowa, Nevada,” reports that some have accused the Sanders campaign of “playing dirty.”

The accused’s response:

During a recent debate, Sanders addressed the accusations (sort of). He said, “As I understand it we did not suggest that we had the endorsement of the newspaper. Newspapers who make endorsements also say positive things about other candidates and to the best of knowledge that is what we did. So we never said, that somebody a newspaper endorsed us that did not. What we did say is, blah, blah, blah, blah was said by the newspaper.”

Categorization:

Nobody claimed the ads were illegal. Like the Cruz mailers (a controversy I examined in an earlier post), the ads also don’t appear to be a violation of everyday moral norms. And though technically not false, the ads (especially the “Endorsed” ad) are clearly misleading—something Sanders never explicitly denied. That leaves us with unfair play. While not illegal or an egregious display of personal immorality, critics appear to believe that the Sanders campaign was ‘playing dirty.’

Other relevant information:

Interestingly, few, if any, pundits (that I know of) have questioned Sanders’ personal integrity in the wake of these controversies. In contrast, many attacked Cruz’s personal integrity after his campaign engaged in similar ‘dirty’ tactics.

“Reasonable disagreement” v. “beyond the pale”

niqab4 no text

Isak has begun a series of posts on this blog under the rubric “Upon Further Review.” He explains this project of gathering and analyzing the allegations of “fouls” on the campaign trail this winter and spring on the Presidential campaign trail here, and he continues here (and elsewhere “above” this post in the near future, no doubt). His rubric borrows the language of video-replay officials in American football, and other sports, who take a slow-motion second look at calls they used to be able to make only on the fly.

Canada went through its own federal election in the fall of 2015, and in later stages of that election the then-governing Conservative Party was accused of “playing the race card” — albeit in coded language that might appear almost quaint when compared to the game played by the current frontrunner in the Republican primaries. (I say almost, because it would not have appeared quaint to those whom these Conservative tactics were attempting to stigmatize.) And when they did play the card, Canada’s leading political philosopher, Joe Heath (University of Toronto), called them on it in this post on his blog In Due Course.

Those tracking the US campaign these days should find plenty of useful analysis in Heath’s post: from an excellent summary on why democracies thrive on “reasonable disagreements,” to how we decide when certain tactics that exploit unreasonable disagreements must be considered “beyond the pale.” The cartoon below captures some of Heath’s argument for why certain ways of playing the game of politics fall short of our minimal standards of “political sportsmanship.” (For those unfamiliar, a “niqab” is what the hockey player in the cartoon at the head of this post is wearing.)

niqab2

Heath begins like this:

One of the most important concepts in modern democratic politics is that of “reasonable disagreement.” There are a number of different principles or values that most of us subscribe to, at some level, but in cases where they conflict, it is not entirely obvious how they should be ordered. When should public welfare be assigned priority over personal freedom? How much loss of welfare should be accepted in order to promote greater equality? These are the sorts of questions that define the zone of reasonable disagreement in modern politics. The central distinguishing feature of the right-to-left spectrum of political parties is that they propose different answers to these questions, with the right putting more emphasis on personal freedom, the left more emphasis on equality, and the centre focusing on maximizing welfare. This naturally translates into different views about the role of government in society.

The disagreement is “reasonable” because the underlying principles are ones that are very broadly accepted – they are in fact foundational for a liberal democratic society – the disagreement is more one of emphasis.

And ends like this:

…after Friday’s press conference, I can no longer regard it as morally acceptable for anyone to vote for the Conservative Party of Canada. A week ago, I could still persuade myself that reasonable people could disagree over how to vote in this election, but no longer.

As they say on the sites that troll followers with clickbait: you won’t believe what those mild-mannered Canadian Conservative politicians said during that press conference last fall. But seriously: if you’re looking for guidance on how a committed Republican should vote if Donald Trump is the GOP’s nominee, click into Heath’s post.

Upon Further Review: Ethical Controversies in Campaigning

Post 1: VOTING VIOLATION and the Cruz Campaign Mailers

When and why do pundits, candidates, and campaign staffers cry foul during election season? As I mentioned in my introductory post, this section of the blog will serve as a sort of data collection depository for disagreements about what counts as fair play in campaign competitions.

The issue:

In recent days, many have accused the Cruz campaign of using “dirty tricks” during his presidential campaign (you can watch Seth Meyers’ Late Night segment on Cruz for a more entertaining rundown of some of his ‘tricks’). While Cruz has provided those of us interested in campaign ethics with an abundance of material to examine, I want to focus on one particular (and lesser known but perhaps more interesting) controversy that Cruz was forced to address in the past month.

Iowans (and a handful of pundit) were upset about the mailers distributed by Cruz staffers insinuating that potential caucus goers’ participation rates would be publicized. In hopes of increasing turnout, Cruz (presumably) sent these notices—which can be seen in the image below—to those his campaign thought would be likely to support him in the caucuses (a strategy that seems to have backfired in the case Tom Hinkelday).

 

Cruz Mailer

The accusation:

Iowa Secretary of State Paul Pate condemned Cruz’s tactic because “it is not in keeping in the spirit of the Iowa Caucuses.” Iowa Governor Terry Brandstad called the mailers “unethical and unfair.”

The accused’s response:

After criticism about the misleading mailers, Cruz said: “I will apologize to no one for using every tool we can to encourage Iowa voters to come out and vote.”

Categorization:

After the mailers made headlines, the Cruz campaign was accused of dishonesty by some and outright fraud (but not illegality) by others. As noted above, Pate and Brandstad argued that Cruz was violating the spirit of the competition. Almost all agreed that the mailers were legal (in fact, Donald Trump deleted a tweet where he stated that they were illegal). And though some accused Cruz of personal immorality following the mailer controversy, his campaign was usually criticized on the grounds that it circumvented the rules of the political game by sending the mailers. Moreover, Cruz himself did not deny that the mailers were deceptive and manipulative (perhaps implicitly acknowledging that, in his view, deception and manipulation have a place in campaigning). All things considered, both Cruz and his critics appear to believe that one’s ethical judgment about the mailers were depends on how one understands the rules of the game. In short, this ethical controversy is about fair play more than personal morality or legality.

Other possibly relevant information:

These mailers have been distributed in previous campaigns with little or no fanfare. Why did this controversy make headlines? Some have argued that this particular mailer was worse than others because assigned letter grades (which usually happened to be an “F”) next to the names of individuals. Others have stated that it looks much more like an official state document than previous mailers. While it seems as though the mailers are now generally taken to be more evidence that Cruz is personally untrustworthy (which, as many have pointed out, is ironic considering he usually speaks in front of ‘TrusTED’ banner), that didn’t seem to be the case, initially.

Mr Corbyn and parliamentary bloodsports

corbyn kinder

We count democratic politics on this blog as one of the Big Archetypical deliberately adversarial institutions. Power in the state is not given to a person or group who is carefully determined to be able to use it to run the most just government. It is given to the winners of a highly regulated — and also ritualized — contest; otherwise known as an election.

It is easy for us to see and feel the “game” of politics during elections. In America right now we are consumed by it, and it is covered by the news media in almost exactly the same way the sports media covers professional and college sports leagues. But elections are only part of the game of democratic politics. The next most visible political competition happens openly in legislative assemblies, and then in the maneuverings — partly public, but often in “back rooms” — that precede the debates and votes that take place in the legislatures.

One of the principal complaints about the legislative game, from the point of view of adversarial ethics, is that it has become in the US a so-called “permanent campaign” — legislators between elections are primarily concerned about what they can do (or avoid doing) in the legislature in order to win the next election. If they ever care the slightest about the design and justice of policies, bills, and laws, it is only insofar as public perceptions about these things will influence the next election. (See the criticisms of Mitch McConnell discussed here a few days ago.) This is the heart of the satire in the greatest just-slightly-fictional political comedy ever, the BBC’s Yes Minister (and its sequel Yes, Prime Minister), not to mention the now-sharked House of Cards.

This post, however, is less about the “permanent campaign” than about a much more visible manifestation of politics-as-sport (even bloodsport, on occasion). Every legislature has its own written and unwritten rule, conventions, and rituals of debate. And no legislature has had more time to develop these than the British House of Commons, where the Prime Minister and the Leader of the Opposition debate face-t0-face on an almost weekly basis. It you were designing from scratch the rules by which a deliberative body would be most likely to develop and enact sensible legislation (what political philosophers do when they theorize about “deliberative democracy“) you would not end up with something like the House of Commons. To say nothing of the House of Lords or the Monarchy.

That said, in the UK, it is what it is. All MPs know the rules, written and unwritten. For example, they never address each other directly, but carry on the debate as if everyone were trying to convince the Speaker. Although outsiders may be aghast at the seemingly buffoonish behavior of British MPs in the House, the MPs themselves are expected to know how to deal with it if they are to have any chance of “winning” the day during Question Period.

Which brings us to the clip-of-the-day in my Facebook newsfeed. Comments on Facebook and Twitter from many of my American friends and friends-of-friends suggests they don’t really know how British politicians, especially the PM and the Leader of the Opposition, are expected to play this game. What is obvious, however, is that virtually every MP on both sides of the isle knows who won and who lost this round.

I see that many British commentators (well, some of my British Facebook friends, at any rate) have all sorts of sinister explanations for the irrepressible smiles of Jeremy Corbyn‘s colleague Andy Burnham, the Shadow Home Secretary, seated behind Corbyn, on his left. I am too ignorant of Labour Party intrigue to psychoanalyze him from this clip alone. It seems to me that Burnham knows the rules of the game, knows that his leader has just been blown up by his own pompously lobbed petard, and done so because of the kind of quick wit one usually sees only on scripted shows like Jon Stewart’s old Daily Show. Burnham seems to be tipping his hat for a move well played by his opponents. Normally, that is one of the hallmarks of good sportsmanship. Corbyn’s inability to do the same, and to immediately change course and attempt to seize rhetorical advantage in a way he had not planned, is also a sign that he either does not understand the game he is playing during Prime Minister’s Questions or, more likely, that his game as a parliamentarian is just not that good.

 

Upon Further Review: Ethical Controversies in Campaigning

Post One: Introduction

Like the NFL’s attempts to determine what counts as a catch, this year’s primary contests have been marked by disagreement about what constitutes ethical behavior in campaign competitions. To cite a few prominent recent examples:

At first glance, the negative reactions to these developments are not particularly surprising; all this behavior seems intuitively wrong, at least in the context of everyday morality. Yet there have been other instances of candidates engaging in actions that one would usually frown if witnessed in daily life that that were not met with outrage and controversy. For example:

So what’s the difference? Why do we censure some actions while accepting others as part of the rough and tumble nature of the political game? In other words, what ethical criterion or moral framework does one use to determine the moral ‘wrongness’ of any candidate’s actions? Is it (il)legality of the act? Is the behavior judged in light conventional norms of interpersonal interactions (e.g. lies and insults are generally frowned upon)? Or, are actions judged by something else entirely—like the ‘spirit’ of the competition?

While I eventually intend to develop an empirically informed answer to these questions, this blog will serve as a sort of data collection depository for disagreements about what constitutes fair play in the campaign game. More concretely, I will use it to list and categorize (e.g. take note of the justifications provided by both the accused and accuser) some of the ethical controversies that arise during this election season. I suspect some patterns will emerge and I hope that they will help us make begin to make sense of the ‘inner morality’ of elections and campaigns.

Finally, I should note that I am not interested in making judgments about the morality of any particular action, here. One can find a wide variety of opinions both defending and criticizing a candidate’s behavior, regardless of how outrageous or offensive it might be, elsewhere. Thus, I’ll usually refrain from weighing in on any controversy in the interest of uncovering what others think it means to compete fairly during campaign season.

Democracy for a race of Mitch McConnells

Immanuel_Kant_(painted_portrait)Immanuel Kant famously believed that “the problem of organizing a state, however hard it may seem, can be solved even for a race of devils, if only they are intelligent.” These rational devils will realize that they need well designed and enforced laws for their own self-preservation, even though each “is secretly inclined to exempt himself from them.” So they need “to establish a constitution in such a way that, although their private intentions conflict, they check each other, with the result that their public conduct is the same as if they had no such evil intentions.”

In short, in this essay Perpetual Peace, published about 30 years after Adam Smith’s Wealth of Nations, Kant was optimistic that with a well designed constitution, something like an Invisible Hand (and sometimes, surely, a visible foot) could turn opportunistic political behavior into responsible, statesmanlike, governance.

Of course, this is all probably irrelevant for those following the current election cycle in the US. Kant thought that cleverly designed rules for the game could handle greed. But all bets are off if either the devils running for office, or those whose votes they are courting, lack intelligence, understanding, or rationality. So, well, all bets are off then.

A time-traveling Kant would nonetheless be intrigued by the political biography of the Senate majority leader, Mitch McConnell. At least, if the account developed by Alec MacGillis, author of The Cynic: The Political Education of Mitch McConnell, tracks the truth. In his recent attempt in The New York Times to explain McConnell’s tactics for the game of selecting and approving the appointment of a new justice to the Supreme Court, MacGillis portrays the Senate majority leader as exactly the kind of intelligent devil Kant had in mind.

The best way to understand Addison Mitchell McConnell Jr. has been to recognize that he is not a conservative ideologue, but rather the epitome of the permanent campaign of Washington: What matters most isn’t so much what you do in office, but if you can win again.

As an aspiring young Republican — first, a Senate and Ford administration staff member and then county executive in Louisville — Mr. McConnell leaned to the moderate wing of his party on abortion rights, civil rights and many other issues. It was only when he ran for statewide office, for the Senate in 1984, that he began to really tack right. Mr. McConnell won by a razor-thin margin in a year when Ronald Reagan handily won Kentucky. The lesson was clear: He needed to move closer to Reagan, which he promptly did upon arriving in Washington.

From that point on, the priority was winning every six years and, once he’d made his way up the ranks of leadership, holding a Republican majority. In 1996, that meant voting for a minimum-wage increase to defuse a potential Democratic talking point in his re-election campaign. In 2006, as George W. Bush wrote in his memoir, it meant asking the president if he could start withdrawing troops from Iraq to improve the Republicans’ chance of keeping the Senate that fall, when Mr. McConnell was set to become its leader.

A year later, it meant ducking out of the intense debate on the Senate floor about immigration reform to avoid making himself vulnerable on the issue. It is no accident that the legislative issue Mr. McConnell has become most identified with, weakening campaign finance regulations, is one that pertains directly to elections.

This is also the best way to understand Mr. McConnell’s staunch opposition to the president: It is less about blocking liberal policy goals than about boosting Republican chances.

MacGillis concedes that McConnell’s tactical obstructionism has been successful on its own terms:

The resistance from Mr. McConnell has had an enormous influence on the shape of Obama’s presidency. It has limited the president’s accomplishments and denied him the mantle of the postpartisan unifier he sought back in 2008.

But the game isn’t over yet, and McGillis wonders whether McConnell has overplayed his hand in the aftermath of Justice Antonin Scalia’s death.

This blog does not really have a dog in that fight. We’re interested more in the concepts and categories we use to think through issues than we are (at least within this blog) in the political conclusions they lead to. My interest in McGillis’s portrait of McConnell is about the viability of Kant’s constitutional optimism. Some deliberately adversarial institutions — like Wimbledon tennis matches, courtroom law, markets without dangerously exploitable market failures — can licence the players to pursue their own interests in a contest with well designed rules and close monitoring for compliance. In these cases those outside “the game” will benefit even if the “players” care only about their own interests.

But can we possibly expect a modern democracy to work well, and justly, if the players vying for, and holding, office are all rational devils? Do the US Constitution and other defining features of the political infrastructure (such as the Federal Election Commission and the 50 different states’ laws for drawing up federal constituencies and voter-eligibility rules) constitute the kinds of rules that will, as Kant put it, convert selfish or evil private intentions into virtuous public conduct?

Even Mitch McConnell (thought not perhaps Francis Underwood) would surely agree that the answer to these questions is No. When this blog ponders politics, it will generally be to explore  “why not?” or “where, then, from here?”

spacey

 

 

 

Some of my favourite people are hacks

Hello, readers. I’m Alex DeForge, a philosophy PhD student at Duke University. I’ve spent a number of years working with non-profits, legal advocacy groups, labour unions, and political parties, so I feel somewhat justified in subjecting you to my commentary on these matters. I’ll be posting here from time to time.

A disclaimer on the following post: I have never worked for a politician that I thought was a hack. Needless to say, I haven’t worked for many politicians.


systemfail

       “Who are all these fuckin’… who are these hacks man?”

                   —  Vancouver Mayor Gregor Robertson,

                         City Council Meeting, July 8th, 2010

Yes, it was inappropriate for a Mayor to say this at a city council meeting, even if he didn’t realize his mike was still onRobertson apologizedHowever, for those of us that are not elected officials, this is often the right question to be asking when assessing our politicians. 

The urban dictionary says that a hack is “a person who is a professional at doing some sort of service, but does crappy work.” So, to determine if a politician is a hack, we have to determine what their job is and whether they are crappy at it.

In a democracy, politicians ply their trade in a deliberately adversarial arena. Joe Heath’s paper, an “An Adversarial Ethic for Business, outlines how in adversarial institutions, we can distinguish competitors’ goals within the competition from the aims of the competition. Applied to elections, our politicians are supposed to campaign with the goal of winning enough votes to be elected to legislative assembly — even though democratic elections themselves aim to select the best representatives of our interests for the purpose of making good social policy. However, after elections, our politicians are supposed to actually govern, which is to do the job of representing their constituents’ interests to create policy and law to serves those interests.

Politicians are supposed to try to win elections and to make good legislation. But because they need to do the first to be selected to do the second, our democratic system can reward tactics that are great for winning elections and terrible for making just legislation. And there is nothing in the structure of our democratic elections that stops us from electing politicians who are just really good at campaigning but crappy at governing.

We see graphs like this that represent senators’ tendencies toward disagreement over legislation. Sure, it might be the case that they are simply representing constituents’ increasingly polarized interests. Regardless, this sort of disagreement makes it difficult to get bills passed. So, even if our elected officials were voting to represent constituents’ interests, they could still be doing a crappy job of creating social policy.

Maybe I have been a little hard on our politicians. Do I think that all politicians are hacks? No. Some of my favourite people are politicians. 

But in all seriousness — a lot of them are hacks. 

 To be clear, I’m not claiming that all politicians are crappy at every aspect of their jobs. In fact, they seem to be very good at campaigning to win elections. What many of them are not good at, and maybe don’t even care about, is doing the “people’s work” that we supposedly elect them to do. It’s this failure that should lead us to ask, “who are these hacks man?”

Let’s revisit the Vancouver Mayor. Back in 2010, the Mayor’s center-left party, Vision, was part of an official coalition with the city’s far-left party, COPE. Vision realized that if they cooperated with the far-left in elections, they would gain the cooperation that they needed in post-election councils to get their municipal projects off the ground. This was a strategic move, too. By running a non-overlapping slate of candidates with COPE, Vision was able to gain the support and votes of Vancouver’s more liberal constituents. 

COPE eventually decided to end the coalition in 2013.

This is an interesting case study because Vision was able to garner votes by taking actions that were prudent for governing. It seems rare these days to find a political climate that rewards behavior that is strategic to good governance, and not just strategic to winning campaigns. 

We should worry that we are doing something wrong if we believe that our democratic elections are supposed to select for the best representatives for the purpose of governing — these days, it looks like we are selecting hacks. 

– Alex DeForge

Duke Student Government Elections: Students actively avoid adversarial tactics

While national democratic politics are generally adversarial, it turns out democratic politics in the context of student governments at American universities are not. Last week, the Duke Student Government held its annual debate for candidates running for student body president and vice president. The presidential candidates had very similar platforms, so the moderator spent most of the debate asking questions about their leadership styles. In a race where candidates differed on personal, rather than ideological, attributes, the candidates did surprisingly little to distinguish themselves from their opponents. None of the candidates directly criticized the other, and when asked to the name the biggest weaknesses of their opponents, one candidate declined to answer for sake of “constructive conversation.” Interestingly enough, the candidates were willing to scapegoat the school’s administrators on every issue.

Without any conflict, the debate lacked entertainment, for sure—but also substantive value. The platforms of all the candidates were vague and inflated, and they all got away with inaccurate statements. The candidates had plenty of opportunities to go after each other, but none of them did.

Much of this lack of conflict can be explained by the candidates’ relationships to one another. At the end of the campaign, the candidates will inevitably see each other again in class or at a party. They don’t have the luxury of returning to their home states or hiding behind a camera. The candidates have to directly confront each other, and a contention taken the wrong way would make future interactions awkward. On the national stage, it is easy to call your opponent a flip-flopper. On a cafeteria stage in front of a group of peers, a comment with even the slightest contrast can be taken offensively.

In some ways, a government where members are sensitive to conflict will be a government with a lot of mutual respect and cooperation. However, less conflict means fewer substantive policies are crafted on the campaign trail, and candidates win with broad promises without a map to completion. Additionally, voters cannot make informed decisions—without the ability to compare differing platforms or leadership styles, voters inevitably base their decisions on recommendations from peers and name recognition.

At the end of the debate, the uncontested candidate for vice president lambasted the presidential candidates for their remarks about the administration (see it here at 1:00:35), and the audience responded with hoots and applause. The candidates may not like conflict, but the voters sure do.

American Politics: Are We Still Playing the Same Game?

Of all the rhetoric that we have heard during this Republican primary, it is perhaps this comment from Rick Santorum that is the most perplexing:

“President Obama once said he wants everybody in America to go to college.  What a snob.  I understand why he wants you to go to college.  He wants to remake you in his image.”

While Barack Obama’s intention behind the comment was not explicitly to promote a liberal education – but merely to suggest that education, whether it is technical, vocational, preprofessional, or liberal is, on balance, a benefit – Santorum’s disgust for ‘liberal academia’ is quite transparent.  Is this attitude antithetical to the foundations of our democratic society?  Or, to put it another way, are American politicians still playing the same game?

Politics, if it is a game, should be played according to a set of tactical, regulative, and constitutive rules.  Tactical rules are the strategies that are employed by a team or player in an effort to win the game.  For example, if I am playing chess, my opening move won’t be white pawn from h2-h3, since that doesn’t make any strategic sense whatsoever within a normal chess game.  Regulative rules are those guidelines that keep each side from gaining an unfair advantage, or exploiting loopholes that might exist due to the way the constitutive rules are described or set.  It is possible to break regulative rules and still be playing the same game.  The constitutive rules, by contrast, are what defines the game itself, and changing them entails playing another game altogether.  You are not playing chess if, for example, you declare that your winning the game is a result of you, yourself, being checkmated.

To see whether or not American politicians are still playing the same game, it is helpful to get an idea of what the goal of politics actually is.  Is the goal simply to win — to be elected President, for example — at all costs?  Probably not, since we wouldn’t want a presidential candidate to win by intentionally sabotaging the country, for example.  Indeed, this strategy would be contrary to the very purpose of the office for which the candidate is running.  We might say that the point of the political process is to elect someone into a position of public power who promotes the general welfare of the people.

Is this goal consistent with the de-valuing of, or hostility towards, a liberal education?  Historically, a liberal education was a privilege of the elite, or landed gentry – when one’s income was secure, it was appropriate to be educated in rhetoric so as to become an active, engaged citizen, who could not only make arguments, but listen and assess the arguments of others.  In contemporary civil society, it seems like education supports the democratic process, insofar as it exposes individuals to different points of view, and teaches them to critically assess those views, both for their strengths and weaknesses.  In this way, a liberal education promotes tolerance and recognition of divergent values; and so also promotes other-regarding virtues that are necessary for solidarity, and, by extension, the flourishing of a democratic society.  The major difference, of course, is that in our contemporary context, a liberal education is generally democratized among all classes; it is no longer a privilege of the few, nor should it be.

Even if President Obama’s point was to encourage a liberal education (which it was not), would this be so terrible?  I do not see what is so offensive about cultivating a population comprised of well-informed, educated citizens.  Santorum, however, seems to want to foster a climate of distrust and intolerance of opposing views, which might be fine if the goal of politics is to win at all costs.  However, insofar as the solidarity necessary for well-functioning democratic societies is secured best through education, then it seems that conservatives like Santorum would benefit from remembering the constitutive rules of the political game.  Sometimes a win for a particular candidate is a loss for American society, and I do not think that such a loss is consistent with the point of the political process.

I think we’d all do well to remember James Madison and Federalist #10 here, where Madison talks of factions and their threat to the common good.  Of course, to remember lessons from the Federalist Papers, we have to have read them, and what better place than within the academy itself?

Bi-Partisan Markets

Milton Friedman purports in Capitalism and Freedom that the free market allows the individual to express her individual desires, while the democratic system forces conformity.

“From this standpoint, the role of the market, as already noted, is that it permits unanimity without conformity; that it is a system of effectively proportional representation. On the other hand, the characteristic feature of action through explicitly political channels is that it tends to require or to enforce substantial conformity. The typical issue must be decides “yes” or “no”; at most, provision can be made for a fairly limited number of alternatives. Even the use of proportional representation in its explicitly political form does not alter this conclusion. The number of separate groups that can in fact be represented is narrowly limited, enormously so by comparison with the proportional representation of the market.”

Although Friedman argues for the benefits of proportional representation in the market, the economic system can potentially arrive at a similar conclusion as the political system. Consider the situation of the carbonated soda market, where advertising similarly enforces substantial conformity by raising the barriers to entry. Coke and Pepsi hold over 70% of the market share.[1] This sounds dangerously similar to the current political landscape in the United States, with Republicans and Democrats holding over 60% of the “voter market share.” 36% of registered voters are Democrats and 27% are registered Republicans.[2] The competitive landscape is actually slanted more in favor of Coke and Pepsi than our often-criticized bi-partisan political system.

The point that Friedman is trying to make is that 49.9% of the country may be forced to conform to a political situation to which they are opposed. Obviously, if Coke has a majority market share, you are not forced to consume only Coke. However, Friedman argues that the free market constitutes a system of proportional representation, but that is not consistent in the Coke/Pepsi situation. Due to wide awareness of Coke as a result of advertising expenditure, the consumer has a higher subconscious disposition to purchase Coke. It is not the result of actual product preference, but rather brand preference. Even if a company launches a cola competitor to Coke that is a healthier alternative with the exact taste, it will likely fail due to consumer’s requisite knowledge of the Coke brand. Essentially, a consumer purchasing RC Cola has the same effect of a citizen voting for the green party. The consumer is forced to conform to an economic situation in which they potentially are opposed, but is unable to view or obtain alternatives due to Coke’s stranglehold on the market.

One could argue that the consumer is not truly forced to consume Coke; she could simply purchase RC Cola in the supermarket. However, what about the situations in stadiums, theaters, or restaurants where there is only one option? These venue providers will rationally select the most prominent brand in order to appease the most consumers, and thus select Coke. But this leaves the consumer with a ‘yes’ or ‘no’ choice in those certain environments; the exact situation in which Friedman condemns. Thus, while liberal economists criticize the conformity in politics and espouse the virtues of the competitive marketplace, both systems are equally susceptible to the concentration of power.


[1]Esterl, Mike. “Pepsi Thirsty for a Comeback.” Wall Street Journal, 18 Mar. 2011. Web. <http://online.wsj.com/article/SB10001424052748703818204576206653259805970.html&gt;

[2] “Fewer Voters Identify as Republicans.” Pew Research Center. 20 Mar. 2008. Web. 04 Apr. 2012. <http://pewresearch.org/pubs/773/fewer-voters-identify-as-republicans&gt;.

Moving the goal posts… on only one side of the field

The Big Hypothesis motivating this blog is that we can better understand several important institutions by seeing them as regulated contests in which participants who are playing to win will also benefit the public. And sometimes we might get a better sense of what exactly is wrong about some obviously dodgy activity or tactic by looking at the institution in question through this lens.

Case in point: what is wrong with politicians in power changing the rules for elections? And in particular, what is wrong with them changing the rules in ways that will reliably increase their chance of winning the next electoral contest?

Obviously, this strikes us as unfair. But why, especially when this electoral-rule-changing follows all of the legal procedures? Now this blog is non-partisan. We are interested in how best to think about institutional design and ethics across a broad range of institutions. But in America we are gearing up for a long series of electoral contests, and as it turns out, most of the accusations about “tampering” with electoral rules are being directed at Republican lawmakers. My only interest here is to see whether we get a better handle on these debates by focusing on the deliberately adversarial nature of constitutional democratic politics. A couple of weeks ago the editorial page of the New York Times was once again thundering about wide-spread Republican tampering with electoral laws. Their analysis in “The Myth of Voter Fraud” allows us to highlight two rather different rationales for rules in deliberately adversarial institutions. The thunder begins with the following claim (including a link to a recent study):

It has been a record year for new legislation designed to make it harder for Democrats to vote — 19 laws and two executive actions in 14 states dominated by Republicans, according to a new study by the Brennan Center for Justice. As a result, more than five million eligible voters will have a harder time participating in the 2012 election.

Very broadly speaking (– this is a crude working-hypothesis), the various rules that regulate adversarial institutions are justified in two ways: some of them are justified because of the way they “shape” the contest, or motivate the contestants, so that it will produce better overall results in the long run; and some of the rules are justified for reasons that, in some sense, are prior to, or beyond, the contest — say, because they protect fundamental rights. And some rules may be justified on both grounds.

We worry whenever the “players” who are supposed to be regulated by a set of rules also get to set the rules. We shouldn’t be surprised that they will try to justify the rule-changes by appealing to the latter type of principles: the ones that apply “intrinsically” — in this case the proposed rules are supposed to minimize voter fraud, something that would obviously be wrong in any electoral system. But we have to be suspicious if the players changing the rules for such “intrinsic” reasons will also systematically benefit from those changes. The burden of proof for demonstrating that the intrinsic principles really do apply in the particular case must be a heavy one indeed.

The Times is unswayed in these recent cases:

There is almost no voting fraud in America. And none of the lawmakers who claim there is have ever been able to document any but the most isolated cases. The only reason Republicans are passing these laws is to give themselves a political edge by suppressing Democratic votes.

Plenty of jurisdictions (countries, federal subunits, etc) simply don’t allow the players to write the rules for their own electoral contests: they establish non-partisan commissions for electoral law and redistricting. I’d welcome a recommendation for a good comparative study of such things.

Redistricting post-Citizens United, y’all

This blog has been sleeping for WAY too long. Let’s try to get it rolling again, at least as a place to continue flagging a wide variety of ethically and politically charged issues that arise within deliberately adversarial institutions.

There have been a few redistricting controversies recently. (Is there actually a “season” for redistricting, or does it happen on different timetables all over the country?) These are always potentially problematic: they amount to changes in the “rules” of the contest that can significantly affect the outcome of the contest — and yet in most states in the US, some contestants themselves (elected politicians) are often in a position to manipulate the rule-change (by changing the boundaries of electoral districts) in ways they help them win. As a strategy for winning elections, it seems a lot closer to bribing the referee than to winning because you are more talented player.

In any case, here is a long story in the New Yorker about an elaborate “plot” (or “strategy,” depending on your political affiliation) by Republican strategist Ed Gillespie, and bankrolled by multimillionaire Art Pope, to gain control of state houses in order to get favorable redistricting for federal congressional elections.

The ethics of not voting

This new book, The Ethics of Voting, by Jason Brennan, looks tailor-made for our blog. I’ve just ordered a copy, but as advanced publicity for it, here’s a quick shout-out.

In democratic theory we rightly pay a lot of attention to the design of the system — especially the electoral system and campaign finance. And we pay some attention (as Bethany and Justin have in posts here and here) to the obligations of professional political actors. But what about the obligations of those other participants in the democratic system, the citizens and voters?

As the blurb says:

Nothing is more integral to democracy than voting. Most people believe that every citizen has the civic duty or moral obligation to vote, that any sincere vote is morally acceptable, and that buying, selling, or trading votes is inherently wrong. In this provocative book, Jason Brennan challenges our fundamental assumptions about voting, revealing why it is not a duty for most citizens–in fact, he argues, many people owe it to the rest of us not to vote.

Somebody had to say it. Amen.