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How stupid do you have to be to teach at Harvard Law?

This is truly bizarre. A Harvard Law Professor is representing a couple of presidential electors who claim that they should be free to vote for anyone they want, despite state laws requiring them to vote for the candidate for whom they pledged to vote when they got on the ballot in the first place.

But, if we are to believe reports, we need have no fear that a victory for these plaintiffs would further undermine our already unfair presidential election process.

Harvard Law professor Larry Lessig, who represents the plaintiffs, is aware of that possibility. Indeed, it seems to be his goal. Lessig wants to make the Electoral College so wacky and unpredictable that the entire country turns against it, then adopts a constitutional amendment creating a nationwide popular vote for president. The justices appeared to be aware of this end goal on Wednesday. And they had no apparent interest in facilitating Lessig’s master plan.

Assuming Lessig’s motives are being fairly reported, one must ask, how stupid do you have to be to teach at Harvard Law? Here are the chances that a constitutional amendment to elect the president by popular vote would get a two thirds vote in Congress and pass in two thirds of the states: Zero.

There is no way that the sparsely populated red states needed to garner those percentages would give up the outsize influence they have over the selection of the president, just as they would never go along with a reform that would enable the majority of the people in this country to actually determine government policy by, for instance, giving populated states such as California a greater voice in the Senate than states like Wyoming. It is simply not going to happen. That particular bit of bad judgment by our sainted Founders may eventually pave our road to ruin, but it will never be reformed. If Lessig were to win his case, the most likely result would be that state legislatures, particularly in the red states, would simply exercise their constitutional prerogative to name the electors on their own without input from the voters at all. In my opinion, there’s a very real chance that gerrymandered legislatures like that in Wisconsin may try exactly that very soon. After all, it’s what the Founders originally intended, and as Hamilton and Madison assured us, the electors chosen would surely be the wisest and most prudent among us.

Maybe Lessig is too busy to read the newspapers. It is a sad day when the current Supreme Court appears set to be the voice of reason, but it appears to be the case that even this Supreme Court isn’t ready to destroy the Republic in this particular way.

Yet one more complaint about wussy Democrats

A couple of days ago I whined about the fact that Democrats operated from a defensive crouch, and that one way to keep them in that crouch was to throw the word “deficit” at them. Despite the fact that, as Krugman endlessly points out, the Republicans have been deficit hypocrites since 1980, the media treats their protestations seriously and takes it as a given that deficit concerns are legitimate concerns at all times that Republicans mouth them, despite the fact that actual economists don’t agree. It is, of course, also deeply frustrating that the press ignores the issue when Republicans needlessly increase the deficit by throwing money at rich people.

I put it this way: If you borrow money to buy a house, that’s perfectly reasonable and probably prudent. It’s called an investment If you borrow money to throw a party, you may be asking for trouble. Republicans borrow money to throw parties.

Which brings me to this article in this morning’s New York Times. The Democrats in the House have actually proposed a bill that isn’t primarily a giveaway to the major corporations. So naturally, we get this in an article about the Fed chief’s warning that we need more financial support our there:

Yet the warning comes as discussions of additional rescue measures have run aground, with Democrats proposing sweeping new programs and Republicans voicing concerns over the swelling federal budget deficit, which is projected to hit $3.7 trillion this year. President Trump and his economic advisers have pressed the pause button on negotiations for additional spending, waiting to see how much the economy rebounds as states begin lifting restrictions on business activity.

If you read to the end (which almost no one ever does) you’ll see that the Fed chief dismisses deficit concerns. What you won’t read is anything about the Republican hypocrisy on the deficit, either from the Times itself, or from Democrats. How about something like: Republicans are fine with needlessly growing the deficit to benefit their contributors, but when it comes time to help the American people suddenly it’s all they care about. It’s the same playbook every time. Yadda yadda yadda.

I’m sure if they thought about it a bit they could come up with some catchy phrases. You know, go on the attack.

I’m no economist, but I know enough to assert with confidence that in our current situation, the best thing for the economy is to give money to the people and let it trickle up, rather than rely on trickle down. I’m sure a lot of people going through dire times right now would agree. It’s not enough for the Democrats to make good proposals, they have to be loudmouthed about it.

Yes, it’s wrong, but…

I must say that after seeing all the coverage of armed militia men in Michigan standing up for their right to infect other people, I got a bit of a kick out of this bit of lawless behavior by someone on our side:

The state is reconsidering its policy after a hacker released a script that automatically submits junk data to its ‘COVID-19 fraud’ website, which allows employers to report workers who refuse to work during the pandemic.

The state of Ohio won’t deny unemployment benefits to people who refuse to work during the COVID-19 pandemic after people targeted the website it was using to track these workers, according to officials at the state’s Department of Job and Family Services (ODJFS).

The state previously set up a “fraud” website encouraging employers to report those who refused to go back on the job, angering workers and labor rights advocates. State officials say they are now reconsidering the policy after Motherboard reported that a hacker created a script to flood the “COVID-19 Fraud” website with junk data, with the goal of making it impossible to process these claims.

Yes, it’s wrong, but unlike the militia men, these hackers are on the side of the angels. Ohio’s policy is egregiously despicable. One has to wonder whether this bit of protest will get the coverage from the mainstream that it has given to what are often sparsely attended demonstrations by the Nazis.

Crazy man on the loose and no one notices

This article about the press’s insistence on covering demonstrations by the right at which “more than a dozen” protestors show up, against a history of minimizing or ignoring anti-war demonstrations drawing 10s of thousands of people, got me thinking about another eternal media mystery.

Why does the media insist on hardly noticing Trump’s ever increasing signs of mental illness.

On Sunday Trump emitted an average of one tweet every seven minutes. Needless to say, they were all about him or his grievances, even targeting Madonna for reasons that escape me. Parenthetically, it was Mother’s Day during a plague, but of course it never occured to him to make reference to the sacrifices that Mothers (fathers too) are making for their kids in these trying times. All in all, on that single day, he emitted more signs of mental illness than the average mentally ill person does in a week. On the continuum used back when I represented disability clients, he is extremely impaired. What’s particularly bad is that while he’s not particularly a danger to himself, he is quite definitely a danger to others.

I suppose the media would argue that this is not news, inasmuch as it is normal behavior for Trump. But the fact is, it is abnormal behavior for anyone, and people should know about it, not just the people who read blogs in addition to reading newspapers and/or watching television news. It is vitally important that people are confronted with the reality of the very sick man that we have in the White House. Believe it or not, his actions are actually worse, and deserve as much comment as, the act of wearing a tan suit.

Friday Night Music, a song for the times

I first heard this song on a CD I bought back in 1992: American Dreamer, by Thomas Hampson. I never heard of the guy before, but he turned out to have a great voice. The album is a collection of songs by Stephen Foster. Unfortunately, while you can listen to his version on youtube, there’s no accompanying video, so I’m going with this one, by Bob Dylan, who can’t hold a candle to Hampson so far as his voice goes, but who does a great job as well. It’s a song for our times, and reminds us that it’s the folks already at the bottom that suffer the most at times like these.

https://youtu.be/SevgjjSovfc

Book Report and rant, all in one

It is probably fair to say that this nation has not been as divided as it is today since before the Civil War, so, if it’s true that those who fail to learn from history are bound to repeat it, it is more than advisable to look at the history of that very divided time.

This is all by way of getting around to a bit of a book review.

I just read a book The Field of Blood, by Yale professor Joanne Freeman. My second born, the professor, gave it to me for Christmas, at which time it joined the pile of books I am slowly working my way through during this plague period. I highly recommend it, and if the following bores or irritates you, that is no reason not to read it.

Anyone with a more than passing familiarity with the antebellum period is aware of the infamous caning of Charles Sumner by Preston Brooks, an incident that took place on the floor of the Senate. Brooks, a Southern Congressman, had taken umbrage at an anti-slavery speech delivered by Sumner. It was a premeditated assault, in which Brooks was assisted by a couple of other Southern Congressmen, who held off any would be Sumner rescuers at gunpoint.

What is not generally known, but which Freeman documents at length, is that the Sumner caning was not an isolated incident. Violence between and among Congressman was quite common. She documents multiple examples of actual or threatened violence in the 1830s through 1850s, including the duel that killed Jonathan Cilley (see next paragraph). Overwhelmingly, the violence was perpetrated or threatened by Southerners against Northerners. The Southerners, among other things, were able to take advantage of their “code of honor” which sanctioned dueling, while the more civilized North frowned upon such activities. Southerners used the threat of violence as one way to keep Northern politicians in line; i.e., to keep them from resisting the slave power.

I’ll digress here a bit. Freeman’s primary source for this book is the diary of Benjamin Brown French, a New Hampshire Democrat who was the clerk of the House of Representatives for many years and was a first hand observer of many of the events described in his diary. He, in turn, was a friend of three characters who have major roles in the book, each of whom was an alum of my Alma Mater, Bowdoin College. Jonathan Cilley was a representative from Maine, who was killed in a duel in which he felt he must participate in order to defend his and his region’s honor. John Parker Hale, was a New Hampshire man who, like Brown, transitioned from being a Southern appeasing Democrat (Democrats were the bad guys then) to a Republican (hard to believe, but the good guys) and who, I suspect was a relative of my best friend from Bowdoin, who shared his last name. Finally, we come to Franklin Pearce, arguably the worst president in history until the current president, though W and Buchanan are still very much in the running for second place. Hawthorne and Longfellow, also classmates of the other three, make brief cameo appearances.

To get back to the main point, Southerners were able, through threats of violence and actual violence, to bully Northern “dough faces” in Congress into bending to their will. It is not an exaggeration to say that until the Lincoln administration came along, the South was able to control all the levers of government almost all the time. You might say that Southern politicians, both Democrats and Whigs, kept their Northern counterparts in a defensive crouch through much of the antebellum period. It was one way to make sure that the various “compromises” became more and more advantageous to the South, leading to such outrages as the Fugitive Slave Law and the Kansas-Nebraska Act.

The story is a complicated one in many ways. Congressional doings were, for instance, greatly affected by changes in media. For years Congress was covered by what one might almost call in-house newspapers. That changed with the telegraph and the rise of cheap newspapers. What once took weeks to find it’s way to a Congressman’s constituents, weeks during which said Congressman could shape the story to please himself, now took minutes to be reported by newspapers largely free of any obligation to please the legislator, although reporters too, were subjected to violence and threats of violence. I hardly need to point out that we have been going through a similar change in how news is distributed, one which makes the spread of disinformation far easier than it was just a few years ago.

Okay, so here’s where we contrast and compare with our current situation. We in our times are quite familiar with political parties, hereafter “Democrats”, that operate from a defensive crouch. They’re not afraid of violence anymore; we’ve put that behind us. Among other things, they’re afraid of words. Words like “socialism”, “liberal”, “deficits”. They’re afraid of being perceived as “political”, so they cave when wrongly accused of engaging in the same political tactics in which Republicans actually engage without shame and for which they pay no price. A short but by no means exhaustive list: massive deficits incurred in order to advantage their base, both by giving tax cuts to the rich and blue state money to the red states; armed demonstrators; routine filibuster of Democratic judicial nominations, of which the Merrick Garland affair is only the most prominent; intentional spreading of disinformation, aided and abetted by an affiliated television network and a foreign nation. All while whining about their own victimhood. The same playbook utilized by the slaveocracy, brought up to date to take advantage of today’s techonology.

In the mid 1850s the Republican Party came along and, among other things, it eschewed the defensive crouch. It fought back, both rhetorically and physically. In large part this was impelled by a political base that had itself had enough of Southern bullying, and demanded that its representatives fight back. Republicans promised to do that, and they did.

Life is confusing. The Republican Party of the 1850s has morphed into the analog of Southern politicians of that era. The Democrats, who by and large were the bullies of that era, are now the party of the defensive crouch. Even when they briefly emerge from that crouch, as in the impeachment of the criminal living in the White House, they hasten back to that crouch as quickly as they can. After Trump’s “acquittal”, which we all knew would happen, they decided that they’d made their point and further investigations and exposure of his criminality were unnecessary. The Republicans would never have done that. Even now, with a plague taking place, the most effective attacks on Trump have come from the Lincoln Project, a bunch of disaffected Republicans who are just fine with all the other abuses.

In the 1850s the Republic had arrived at a point where the slave states were intent not only on preserving slavery where it existed, but in spreading it through the entire nation. The Supreme Court (see, Dred Scott) was on their side. Had the North not emerged from its defensive crouch that’s what would have happened.

Today we’re facing a different threat. If the Republicans get their way, they will transform this country into an autocracy/kleptocracy that preserves the forms of democracy while rigging it so that they remain in permanent power. The Supreme Court is on their side, as it was with the slaveholders.

If we don’t fight back now, the modern day slaveocracy will get its way. We are past the point where we can afford to eschew punching back by insisting that we alone must occupy the moral high ground. I admire Obama, but we can see from his experience what happens to a guy who tries to work with the Republican Party. I said then that when he entered office, with majorities in both houses, he should have stomped on them and shoved effective stuff through, instead of, for example, settling for the half measure he got by luring Susan Collins into allowing that she just might vote for his bailout bill if he converted it to mostly tax cuts. Parenthetically, she also insisted that they take out pandemic preparedness funds.

Of course, there’s a downside to all this. We don’t know how things will turn out. In the 1850s the Republican strategy of fighting back worked, but it took a Civil War to finalize what turned out to be a temporary victory, since they soon handed the South back to the traitors who they beat in the war. In our case, there won’t be a civil war. That’s not feasible anymore. We have to win in the next election. It really is our last chance. If we do win, we have to take on the courts, which have been stuffed full of right wing ideologues. We also have to push through legislation that will really bring the economy back, not just prevent it from getting worse. People will actually have to want to keep Democrats in office because they perceive them as giving them a government that works. That will mean losing our fear of words like “socialism”, “deficits”, and “liberal” and, when the Republicans start throwing them at us, politely respond: Go F*** Yourselves.

Postscript: I think this is my longest rant in ages.

Time to shift the blame

We’ve all heard about the fact that the White House is sitting on numbers indicating that the pandemic will be getting worse over the next several weeks. Which would ordinarily make you wonder about this:

The White House confirmed today that the Mike Pence-led coronavirus task force charged with leading this nation’s pandemic response will soon be disbanding, with its work redistributed among federal agencies. The timing is peculiar: According to the administration’s own projections, COVID-19 deaths are expected to rise significantly in coming weeks after Republican-leaning states push to “reopen” businesses and public spaces despite expert warnings that the pandemic is continuing to accelerate.

This way, they can blame the governors. The guy who told us that he was the one who called all the shots will soon be telling us that the states are responsible and it’s not really his problem. Harking back to yesterday’s post, he’ll be laying the blame on all those Trump loving governors who are reopening their states against all medical advice.

There’s an endless supply of Republican dupes

Over at the Palmer report, they’ve noted that Trump just emitted a tweet in which he essentially admitted that he engages in “pump and dump”; that is, he uses people for his own ends then throws them under the bus when they are no longer of use. Even the Mooch has reacted to the tweet.

They’re right about the admission, but their conclusion is wrong.

The trick to running the same con over and over again on new people is that you don’t flat out brag about what you’re doing – at least not in public. Even if everyone knows what you’re doing, there will always be some new willing victim who doesn’t want to see it. But if you put it in writing like this, you’re kind of shattering the illusion for them. At some point Trump is going to run out of “pump and dump” suckers – and many of his victims are now treating him like an enemy. How much longer before he runs out of new candidates to do his bidding?

That all seems perfectly logical, but it doesn’t apply in Trumpland. It’s a little like saying that Trump would have to admit to killing someone on 5th Avenue before any of the thousands of witnesses would be believed, or, for that matter, believe it themselves.

Trump attracts hangers on who believe themselves to be the one exception to the pump and dump rule. It doesn’t matter how often they see other exceptions cast aside, they all feel differently until it happens to them. The fact that he admits to it makes no difference.

There is an infinite supply of such people, especially on the Republican side of the aisle. These are people, after all, who, as Krugman details here, have themselves gotten away with being publicly wrong time and again, but have continued, like shit, to float to the top. They are people whose minds can be in two places at once when they’re not anywhere at all. (For those under 65, that’s another Firesign Theatre reference.) They have rightfully thought themselves to be immune from failure by virtue of their place in the conservative establishment, and they firmly believe that immunity applies everywhere, even in the world of Trump.

Despite the evidence of their eyes and ears, they will simply not believe it can happen to them. So, no, Trump will not run out of pump and dump suckers. If anything, he’ll replace the ones he dumps with people ever more loyal to him in the first place.

You can’t joke about the genius

So this afternoon my wife saw on her twitter feed that Al Franken had said this:

It turns out he was joking. But Al, you can’t joke about the genius this way. My first reaction was to believe it, and why not? I only confirmed it was a joke by doing a search on my RSS app and finding that no one else had reported it. After all, it’s totally on a par with suggesting we drink Clorox. The line about Brix was spot on as well, since it’s basically what she’s been saying to cover for the guy every time he spews disinformation.

If people start showing up at the ER with blistered hands, Franken has no one to blame but the stupidity of a large percentage of the American population. But that doesn’t relieve him of responsibility, because anyone telling such a joke should bear that stupidity in mind.

Nobody could have known

I just got a new Ipad, and found to my distress that the blog editor I’ve been using for years is “no longer in the App Store”, meaning that when I copied by backup to the new Ipad, that App was nothing but an icon. I am now back to WordPress, which I haven’t really used for years.

It have been fooling around with it for about an hour, and finally stumbled upon “block editing”, which I think will enable me to work with relative ease. I believe, for example, I’ve figured out a way to post the video below, which reminds us how nice it was when we had a president you might disagree with sometimes, but you knew was interested in doing his job.