If Johnson Can’t, No One Will

We’ve already discussed the huge problems this election cycle has revealed in our primary system. Everyone is also mostly aware of the two party system and the issues it causes; no one wants to “waste” their vote despite votes for third parties having more mathematical impact than votes for main parties.

When you stop to think about it, the overwhelming force of the two main parties is almost inconceivable: the Republicans and Democrats have been the main parties since 1856, that’s four times the length of time of the current most senior senator, Patrick Leahy, who took office in 1975. Imagine trying to win any election against Senator Leahy, who has been reelected six times already, and has connections to virtually all important constituencies and interests. His last election in 2010 he won 64% to 31%., and there’s essentially no chance he will lose an election until his retirement. Now imagine an institution that hasn’t just been around since 1975, but four times longer. It knows not only how to deal with personnel turnover, it has entire pools of talent for staffing, research, management, and outreach. It knows not only how to advertise its political message, it has adapted and changed its message to 160 years of changing American political values. And then you realize that’s just the Republican Party and the Democratic Party is about 30 years older.

So we get it, the two parties are very powerful. But this election cycle, we are getting a full display of just how solidly these institutions own us. Televised presidential debates began in 1960 and were run by the League of Women Voters until 1988. At that time, the League quit hosting the debates in protest, releasing a statement saying they did not want to “perpetuate a fraud on the American people”. This is a direct quote:

Neuman said that the campaigns presented the League with their debate agreement on September 28, two weeks before the scheduled debate. The campaigns’ agreement was negotiated “behind closed doors” and was presented to the League as “a done deal,” she said, its 16 pages of conditions not subject to negotiation.

Most objectionable to the League, Neuman said, were conditions in the agreement that gave the campaigns unprecedented control over the proceedings. Neuman called “outrageous” the campaigns’ demands that they control the selection of questioners, the composition of the audience, hall access for the press and other issues.

Pretty damning. Since 1988, the debates have been run by the Commission on Presidential Debates, a nonprofit corporation controlled by the Republican and Democratic parties. Apart from deciding the debate formats, questions, and so on, they also decide who gets into the debates. They have made the polling requirements 15%  prior to getting into the debates. Naturally, since this a decision done by the Republican and Democratic parties, there have been no third party candidates that have gotten into the debates. Ross Perot was able to get in, but since his party didn’t survive him, I am not inclined to call it a party. In fact, up until this year, we only had empirical evidence that you could get into the debates as a billionaire. Really democratic.

Of course this year we have the most unpopular candidates since we started opinion polls, and for good reason. Trump is incompetent, misinformed, capricious, and authoritarian. Clinton has been embroiled in scandals, has made bad policy decisions in the past, and has such a tight hold of the Democratic party that the prospect of her political machine controlling the federal government should give everyone pause. This week it’s even come out that her health is at least vaguely worrisome. It just so happens that this same year the Libertarian Party has nominated a ticket with two former two-term moderate Republican governors from blue states. They have more executive political experience than the two major party candidates combined, and a majority of Americans want them in the debates. So if there is a year where a third party should obviously be included, this is it. But as of right now, Gary Johnson and Bill Weld won’t be allowed in.

Our primary system is pretty broken. Congressional approval ratings are extraordinarily low. Federal budgets have barely been approved the last few years. But if we allow Gary Johnson to be excluded from these debates, we have resigned ourselves to living with these two parties, and all the trouble they cause, forever. We are stating that the only people we allow to run for president are members of these ancient outdated institutions or billionaires. We are agreeing that change will only happen if it occurs through two organizations whose entire existence is based upon extending their own political power by winning political office.

I’m not saying that the Johnson / Weld ticket has to win the election, or even that they should win a single state; but if we can’t allow our political parties to be publicly challenged in a debate forum, to suffer even the slightest bit of criticism to keep them in line, then what kind of democracy can we claim to live in? What kind of power does your vote have when your only two choices are extraordinarily unpopular candidates selected by the least moderate elements of each party and all other voices are silenced?


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Photo credit: Ben Grey, licensed under CC-BY-SA-2.0.

Against Trump

In my last post, I made the case for why voting for a main party was far more likely to be a wasted vote than a vote for third party.  I made this argument on the basis of the presidential voting system itself, regardless of any voter’s actual policy preferences.

Nonetheless, if you think Hillary Clinton or Donald Trump have the best policies or ideology, at best my argument should make you indifferent between voting for one of those candidates or leaving it blank (I advocated that one should still vote because of the often overlooked importance of local elections). If you prefer Donald Trump, this post will be my argument for why you shouldn’t. This is not an endorsement of Hillary Clinton, and I hope to write a post against her candidacy next. But there is a third option. I’ve already laid out the case for why it is more practical to vote for a third party rather than waste your vote on the Democrats and Republicans, but this post will show why you should prefer Gary Johnson’s moderate-limited-government-libertarianism to Trump.

Trump: The Troll

The most basic foundation of Trump’s appeal is his fervent opposition to the cultural left, especially the social justice movement and political correctness. In some sense, it doesn’t matter what he says; because he has said ridiculous and outrageous things, he has provided a “safe space” for people who can’t stand the recent domination, real or perceived, of left-wing outrage politics. The cultural left has created a tough situation for their opponents: if you don’t agree with them, they label you as a misogynist, fascist, and white supremacist. The alt-right was a fairly typical human response: they took the insults as a badge of honor.

So what has the left done about Donald Trump? A pretty common response (New York Times, Huffington Post, Vox) is to call him racist! Take a look at these accusations from that Huffington Post article:

  • He attacked Muslim Gold Star parents Khizr Khan and Ghazala Khan. His attack didn’t address their criticism, but suggested Mrs. Khan didn’t speak because of her religion.
  • The Justice Department sued his company in 1973 for not renting to black applicants, and there are stories from employees alleging that he was racist
  • He didn’t condemn David Duke’s support until the next day
  • He questions whether Obama was born in the US
  • He tweeted a picture of him eating a taco bowl to show he loves Hispanics
  • He condoned the attack by his supporters of a Black Lives Matter heckler at a campaign event
  • He claimed Judge Gonzalo Curiel was biased because of his Mexican heritage (Curiel was born in Boston).

These are all awful, insensitive, and moronic actions, but calling them racist or Trump a racist for doing them tries to equate Trump to the level of the KKK. If Trump is fundamentally appealing because he doesn’t back down from outrage tactics, and his supporters are tired of the left screaming that every deviation from progressive orthodoxy is white supremacy, then calling Trump racist is the worst thing you can do. And honestly on many of these issues, Trump is professionally trolling, going just over the line on what is acceptable to draw the outrage.

For example, Trump says he responded to the Khans because they criticized him first, which is true. His response was characterized by an attack on Ghazala Khan and an assumption about her actions due to her faith. This isn’t directly saying that Muslims are inferior, even though there is an implication. But if we just call this out as being “racist”, we really lose out on our argument demonstrating just how awful this episode was for Trump. In fact, Trump supporters can point out that many Islamic countries treat their women poorly and so this is worth questioning. By doing this, we let Trump deflect just how abysmally he managed that political catastrophe; instead, we should be discussing that Trump had no actual response to Khan’s accusations of his unconstitutional policies, and instead had to resort to unfounded assumptions and speculation. He would rather make up things about a family whose son died serving this country because he felt insulted than suck it up and avoid any more fallout. The sheer political incompetence is unspeakable, and the unconstitutionality of many of Trump’s policies remain unanswered.

Many other examples I listed also let Trump get away with absurd positions by jumping immediately to racism. His run-in with the Justice Department is important, but was also over 40 years ago. Was it his fault or his company’s, and does he still have those opinions? The idea of a government agency forcing him into a settlement on allegations of racism is also exactly the conspiracy narrative Trump wants. It seems likely he knows who David Duke is, but I’ve continually overestimated Trump’s abilities in other areas. And just having terrible people endorse you doesn’t automatically make you a bad person too. Trump likely supported the story Obama was born in Kenya because Obama’s father was originally a Kenyan national. It seems pretty easy for Trump supporters to argue he would have demanded a birth certificate of any person whose parentage was outside the US. Calling this racist really lets Trump change the subject to how PC culture is bad, when really we should be focusing on how much of an idiot you have to be to waste so much political capital on a conspiracy theory that was obviously wrong. There were plenty of grounds to criticize Obama’s policies, yet Trump decided to focus on discrediting his legitimacy through a conspiracy theory rather than actual ideas.

Calling it racist when Trump condoned an attack on a protester at his event is sort of the epitome of political correctness gone wrong: it implies that as long he condones violence against protesters of all races at his campaign events, it’s ok. The problem is not the race of the victim, the problem is that he’s condoning violence against people who disagree with him.  His statement against Judge Gonzalo Curiel is almost blatantly racist, as even Paul Ryan states, yet Trump could have easily cited Sonia Sotomayer’s “wise Latina” quote as evidence for why he believed a judge’s ethnicity could influence their opinions. If we get outraged about this, we fuel the perception that social justice not only has a monopoly on outrage politics, but that when the exact ideas that are promoted by the left are used by the right/conservatives/whatever-Trump-supporters-are, only they are attacked. It seems to be targeting of tribes, not even of ideas.

And that’s the point. Trump engages in a motte-and-bailey doctrine where he says things that obviously imply bigotry or outright harming non-Americans, but then if you call him on it, he deflects or calls it a joke. This is an annoying tribalistic tactic (often employed by social justice warriors and also Ann Coulter) where a group will make a ridiculous claim, but really support a weaker version of that claim (see part IV here). As Scott Alexander says, social justice warriors seem to imply ridiculous things like “men can’t be part of a discussion on gender”, but when challenged, they state more defensible positions like “men shouldn’t interject into safe spaces for women”.  Trump says some Mexicans coming over the border are rapists, with the implication being that the average illegal immigrant is a violent criminal. But if you call him on it, he’ll say that he also said “many of them are good people!” which is technically true. He also didn’t say 2nd amendment supporters should shoot Hillary Clinton, but he left it open.

Trump is in part successful (and especially appealing to the alt-right) because he meets social justice warriors with their own methods, and it’s hard to pin him down on anything because his entire presidential run is a giant troll. Of course, I really dislike many of the tactics of the social justice movement and the outrage tactics of internet culture wars. I’ve gone on the record about why I think their ideas and methods are bad. I understand the appeal of fighting fire with fire. But it won’t solve our problems. All of the criticisms aimed at the social justice movement still apply to Trump. We should be trying to elevate our society and discussions, not give in to the temptation to debase them. Collectivism is evil in all its forms, left-wing, right-wing, and bi-partisan.

Many Trump supporters have bought into his campaign as the only way to fight the social justice left. They are wrong on many levels; trolling can’t beat trolling, flip-flopping and incompetence can’t beat Hillary’s political machine, protectionism can’t beat markets, and nationalism and authoritarianism can’t beat freedom. In fact, by allowing Hillary Clinton, one of the weakest presidential candidates in recent history, to continue to dominate this election, Trump has handed the left one of their biggest political victories and squelched one of the biggest opportunities for American conservatives.

And Trump is not the only way to fight back against the worst methods and ideas of blue tribalism. One can oppose collectivism without sacrificing principles or lowering the level of dialogue. As I go through the following deep flaws that Trump has, keep in mind that Gary Johnson has none of them.

The Unknown

What does Trump actually believe? It’s almost impossible to know. These are just the positions I could find so far. I don’t think this list is comprehensive, but I want it recorded somewhere. Many of these are from this ABC news post, this CNN article, and this extensive NBC news article if they’re not otherwise cited.

  • He used to think pretty highly of Hillary Clinton and even invited the Clintons to his wedding, and now apparently thinks they are terrible.
  • Trump declared that he thought Obama was the founder of ISIS, and when pressed on Hugh Hewitt’s radio show, he doubled down. Then after a full day of focusing on this point, he abruptly tweeted that it was sarcasm.
  • Trump was going to self-fund his campaign and not fund raise. But he’s gone back on that promise and is now taking money from whomever will give it to him. He was so short on money, he hadn’t even bought TV ads until the last week of August.
  • Trump started out ok with taking Syrian refugees, and then reversed his position and now wants to send them back.
  • Trump initially stated that Japan and South Korea should defend themselves, including with nuclear weapons. Now he says that’s preposterous and he never said that. How do you suffer amnesia about advocating the biggest change in US nuclear policy in history?
  • Trump has relentlessly hammered Clinton for supporting the Iraq War in 2003. It turns out in 2002, he backed the Iraq War too. Also, when asked about Mike Pence’s support of the war, he said it didn’t matter to him. But it still matters that Clinton backed it.
  • Trump made headlines stating he wanted to be a “neutral guy” in the Israel-Palestine conference (a big change from US policy which has held a strong alliance with Israel), and then said Israel was being treated like a second-class citizen later on.
  • Trump has also called the Libyan intervention a total disaster, but he in fact backed this intervention as well. When shown a video of his previous support, he acknowledges it and says he only wanted a “surgical” strike.
  • Trump was originally pro-choice and is now pro-life and even advocated that there should be “punishment” for women who get abortions. Admittedly in that interview, Chris Matthews did a good job of cornering Trump and not letting him get away with dodging the question, so maybe Trump doesn’t actually believe that. But that’s my point: we have no idea what this guy is going to do.
  • Trump advocated the use of torture especially against ISIS and suspected terrorists. When dozens of military advisers pointed out he would effectively be telling people to commit illegal acts, he stated “if I say do it, they’re gonna do it.” The next day Trump said he would be bound by laws just like any president, and then proceeded to call for waterboarding and torture in subsequent speeches.
  • Like abortion, Trump used to have a very different view on gun laws and actually supported an assault weapons ban. Now he’s a strong 2nd amendment supporter. Except in classrooms. Unless it’s a teacher in a classroom. What?
  • Trump was against raising the minimum wage, then for it, then said he wanted to leave it to the states, now says it should be over $10 and left to the states.
  • Trump has been for a single-payer system in the past and has praised Canada’s and Scotland’s system. But he hates Obamacare. But maybe he still likes the mandate. But he doesn’t know what he’d replace it with. His current website’s plan is a pretty good free market approach, but what would he actually pursue?
  • Trump was going to increase taxes on the rich, then said he would cut everyone’s taxes by huge amounts in an online proposal (that this blog looked at), then reduced the amount he would cut, and now it’s a pretty standard small income tax cut with an additional tax break for childcare
  • Trump seems to have called for a renegotiating of U.S. public debt similar to a debt restructuring for an insolvent firm. He seemed to have no idea that U.S. treasuries are so cheap to borrow with because they are never defaulted on. He even indicated that the U.S. can always print more money. Then he seemed to walk it back and say he wouldn’t renegotiate the American debt.
  • Last December Trump called for “a total and complete shutdown of Muslims entering the United States until our country’s representatives can figure out what is going on.” In May, this changed to a “suggestion”. Then he added the idea of banning people from places with a “history of terrorism”, then added there would be “extreme vetting” (so not an outright ban?). Trump and his people also added that there had been “no change” in their policy since December.
  • Trump has stated that he would deport 11 million people currently residing in the US illegally. This is significantly larger than the current population of New York City. Then he said he would deport them all, but bring back the “good ones” legally. Buzzfeed even reported that Trump stated off-the-record that deporting all 11 million is just a starting point for negotiations. Just a couple week’s ago, Trump seemed to abandon deportations altogether. Now it seems they are in full force again.

I should also note that Trump said he would call Bill Gates and get him to shut down the internet if need be. I didn’t list that here because I don’t think he ever repudiated that position so it’s not a “flip-flop”.  Trump also suggested Ted Cruz’s father was involved in the Kennedy assassination. Even on Trump’s most common talking point, his “wall” on the border with Mexico is obviously not true because, as John Oliver points out, it will cost far more than Trump says it will, and there is no way we can force Mexico to pay for it. Adding a tariff on Mexican imports does not force Mexico to pay for anything, it forces American consumers to fund the wall.

This is related to questions of Trump’s temperament; it appears that on many of these interviews, Trump has either never thought about the issue presented to him, lied about his position last time so he can’t remember what his position was, or just honestly changes his position because he’s not smart enough to have foreseen the objection, but wants to appear knowledgeable and so says that was his position the whole time.  The bottom line is that on virtually every issue, even the core issues he’s maintained, we have no idea what he will do.  On top of all this, Trump is capricious and easily offended. He has consistently filed lawsuits against press organizations that have criticized him, regardless of their ineffectiveness and potential attack on free speech. Do we want someone who has no principles, who has no idea where he stands on issues, and can be easily manipulated by his political enemies (“I don’t have thin skin”) to be in charge of our country’s national defense? The Supreme Court is an important issue in this election, but what makes us think we can trust Trump to actually pick from among the names he has mentioned before when he has changed his mind on everything else?

On many issues, he has taken positions not just worse than Gary Johnson or Hillary Clinton, but positions worse than any president in history. Will these be the positions he takes or will they change? Will any of his positions that sound reasonable stick around once he is president? We don’t know.

The Incompetence

Trump has a record of questionable business acumen as well as straight-up fraud. He certainly has done well in the real estate market, but in other ventures he’s been mostly a flop.  He has also widely exaggerated his net worth by constantly trying to tout his own brand. And, by admission of its own employees, Trump University had no interest in teaching any of its customers, only in selling them the most expensive seminars it could.

His political campaign has also been questionable. We will get to policy in the next section, but for now let’s just talk about Trump’s job as a politician, which is to get people to vote for you.  As I noted in May, Trump was one of the worst candidates the Republicans have had as far as political appeal.  He won the Republican presidential primary with only 45% of the vote. By itself, a number that low isn’t unprecedented, but when combined with the fact that most of his primary opponents have decided against endorsing him, he was one of the least liked Republican candidates among Republicans in recent memory.  He’s also only averaged above 40% in FiveThirtyEight’s polling average and above 44% in RealClearPolitics’ average for a couple weeks in July. He has never really pivoted to the general electorate. Trump has had several changes in his campaign management due to apparent incompetence. He will be the first presidential candidate since Nixon to not release his tax returns, and he has just started airing TV ads. That’s correct, Gary Johnson was outspending Trump on TV time until September.

Trump’s response to his abysmal appeal has been to suggest that all polls that don’t show him winning are rigged. In fact, Politico even published a column entitled “What if Trump doesn’t accept defeat?”  As already mentioned in this piece, he got into a very public spat with the parents of a Gold Star soldier who had given his life in 2004. He also said that “there must be some form of punishment” for women who get abortions, and then Ben Carson said that Trump wasn’t expecting that question. Trump wasn’t prepared for a question about abortion in a political event while running for President? You cannot be serious.

What is Trump’s plan in office when foreign heads of state ask him obvious questions he should know the answer to? What is he going to do when people don’t automatically like what he has to say? He has failed in essentially every venture that wasn’t real estate or a reality TV show. The inability to make changes for a better long-term strategy combined with the need to retaliate over every perceived insult disqualify Trump from being Commander-in-Chief.

The Policy

As I’ve stated, it’s hard to nail down what Trump believes on anything.  It often appears like he has never thought about policies or the implications of policies until objections are brought up to him.

One aspect that had been central to Trump was a hardline stance on immigration and deporting illegal immigrants. As of a couple weeks ago, he appears to have flipped on that and now flipped back, but his website still has language that appears to indicate serious criminal charges for anyone living here illegally. Even if Trump has become less focused on deportations, his immigration policy comes with absolutely massive costs, both fiscal and legal. As noted by John Oliver, his “wall” on the Mexican border will likely cost several times as much as he’s claimed, not to mention the hidden costs of wasting construction time and resources on building a concrete wall literally in the middle of nowhere.  If this project ever does happen (which it won’t), it will cause the cost of construction and related services to go up as resources are pulled into a giant wasteful wall. Moreover, as Trump’s website acknowledges, most illegal immigrants don’t sneak over the border; they cross with legal visas and overstay them, and so this wall will do almost nothing to stop illegal immigration.

There are also effects on American citizens as well who are forced to deal with questionably constitutional Border Patrol stops where people are pulled over with no reasonable suspicion or probable cause. Trump has also focused on crime caused by illegal immigrants, despite the fact that crime rates are much lower among this segment of the population than among American citizens. Terrorism, as noted by this blog, is so unlikely that the threat of terrorism via immigration is not even worth addressing.

Moreover, there is a self-evident free market argument for immigration; if the economy would work more efficiently without immigrants, they wouldn’t be coming. Specifically in the United States, immigration helps to expand our workforce while European economies shudder under high levels of retirees and low birthrates.  The OECD has also found that because immigrants come to work, they are productive enough to pay more in taxes than benefits they get out. Trump’s arguments for making H1-B visas harder to give out and more expensive just creates an incentive to ship jobs overseas rather than keep them here. Overall, it seems better for Americans (and likely the global economy) to keep immigrants coming here than to ship the jobs overseas.

There is certainly an argument that we haven’t seen this level of immigration in the United States in a while, even on a percentage scale. Immigrants now make up 13% of the population, but that’s still less than was common during the late 19th century. There’s also the true point that most immigration prior to the ending of national origin quotas in 1965 was from Europe.  Yet, since this is essentially a cultural and not an economic argument, at best this still argues that we should have open immigration–just from some countries and not others. It also doesn’t offer resistance to other forms of open immigration, such as for advanced degree holders (especially graduates of American universities).

We also have to acknowledge that there really are serious obstacles for potential immigrants right now…which has only resulted in illegal immigration. Trump acknowledges the economic burden of an over-regulated economy, but then proposes tons of new regulations on immigration. Using the state to pick winners and losers in the economy is a dangerous thing to do.

Trade is the other area Trump has been most outspoken on. Here, unlike immigration, there is no cultural argument, there is only economics. And it’s clear that when it comes to trade economics, Trump has no idea what he’s talking about. He would add tariffs to goods, making them more expensive for average Americans and cutting into middle-class purchasing power. He would start trade wars with China, and attempt to reverse foreign governments subsidizing their own exports which directly deposits foreign tax revenues into the pockets of American consumers. The protectionism he advocates is essentially an argument for the global economy to leave the US behind and to ensure that new technology and innovation is happening elsewhere while our economy stagnates and our lack of dynamism and competition gets even worse.

Why is Trump suggesting this? Bryan Caplan points out in The Myth of the Rational Voter that voters are subject to many biases, most of which you can find in Trump’s policies. This includes, among others, an anti-market bias and an anti-foreign bias, where voters tend to underestimate the benefits of market systems as well as underestimate the benefits of interacting with foreigners. But despite these biases, free trade is immensely good for the economy. Tariffs being some of the most regressive taxes we have, freer trade is also a big tax break for poor Americans relative to the rich.  Trade, along with immigration, is one of the best areas in which American policy can directly improve the world.

The Authoritarianism

Let’s take a quick history detour: in 1972, five men were arrested for breaking into the DNC’s Headquarters in the Watergate Complex. They had been sent by the Nixon reelection committee, and the Nixon administration immediately sought to cover up their involvement. Nixon actually ordered the CIA to block the FBI’s investigation into the burglary, claiming national security issues.  The administration hoped that would prevent any further prying, but as more details came out, a Senate select committee was established in February 1973 to investigate a possible cover-up, and a special independent investigator was appointed by the attorney general.

When a Senate hearing uncovered that there were tapes of all Oval Office conversations, the Senate and special prosecutor subpoenaed the tapes, which Nixon refused to turn over, citing executive privilege. When the prosecutor persisted, Nixon actually ordered the attorney general to fire him, and the attorney general resigned in protest. Solicitor General Robert Bork eventually complied, but under political pressure, Nixon appointed a new special prosecutor. Edited transcripts were released in early 1974, which showed Nixon in a poor light, although they did not fully incriminate him. The new special prosecutor subpoenaed specific tapes which Nixon again refused to turn over. The case went to the Supreme Court which ruled unanimously that Nixon had no unqualified privilege of immunity from investigation, and that he had to turn over the tapes. Nixon did. They revealed clear wrongdoing on his part, and the House Judiciary committee recommended impeachment on several counts. Knowing he would soon be impeached and likely removed by the Senate, Nixon resigned.

There was a backlash against the office of the presidency after Nixon, but we have fully reversed that trend today. The Bush and Obama administrations have undertaken naked power grabs that have helped create an imperial presidency beyond anything Nixon ever dreamed of. Many libertarians have been warning about these massive power expansions for years. Now in the face of the Trump administration, we’ve created all the tools a tyrant would need to run amok.

As Conor Friedersdorf notes in The Atlantic:

  • The president can order American citizens killed in secret.
  • The president can detain prisoners indefinitely without charges or trial.
  • The president can order drone strikes at will in countries against which no war has been declared.
  • The president can start a torture program with impunity.
  • The president can conduct warrantless surveillance on tens of millions of Americans.

To that I would also add that if deemed a troublemaker, the government has plenty of options to attack you without disappearing you. We know at least the DEA and IRS have used NSA information gained through mass surveillance of Americans, and then obscured this source by finding another stated reason to stop a suspect. The enormous amount of statutes on the books means it’s almost certain average people break laws every single day, and so these law enforcement agencies can always find probable cause to arrest you. Then they can stack up charges to force a plea deal, all at the discretion of prosecutors.  As it stands right now, there’s a strong case that the criminal justice system is biased, slow, and unfair, and that it deprives individuals of their rights. But now imagine Trump in charge of the DEA, FBI, intelligence services, and the military.

Trump administration could be even worse than Nixon; given Trump’s continual flip-flopping, his trolling, his total unpreparedness for obvious challenges, and his terrible policy ideas, we don’t actually know if Trump understands how government works. Many of his fantastical policy ideas on his website go beyond the usual politicians’ wishlists; it’s unclear whether he would even try to sell his agenda to Congress, or just try to implement it with executive authority, or indeed if he would understand the difference.

For example, nestled in his immigration policy is a call to end birthright citizenship. Does Trump acknowledge what that would require? As Rand Paul has noted, the 1898 case US v Wong Kim Ark declared that children of legal immigrants were automatically citizens. It seems that Trump wants to overturn this case, which would require a constitutional amendment. It’s possible Trump wants only to stop birthright citizenship of illegal immigrants (he keeps changing his positions on everything), but does he want to do this with a law, or a legal battle? Does he realize that the president can’t pass laws unilaterally? It’s also worth wondering what Trump believes he can actually do on abortion. We’ve already discussed his bewildering stance that women should be punished for getting an abortion, a position basically no one else has ever advocated for. But does he realize that he would need to pass a constitutional amendment to achieve that goal?

Another example, he declared on a debate stage that if he told the military to commit war crimes they would do it. That’s not only against US law, that’s against international law. If he thinks that he can do things as president that are already illegal, what makes us think he would be waiting for Congress to do anything? How about shutting down parts of the internet? In Trump’s own words: “Somebody will say, ‘Oh freedom of speech, freedom of speech.’ These are foolish people.” How about banning people based on their religion? Do we think Trump will wait for Congressional approval of obviously unconstitutional ideas? Or will he just order that they be done without thinking, just like everything else in his campaign?

The ACLU has released a 27 page memo on things Trump has said that are blatantly unconstitutional. It makes an excellent legal case against Trump’s ban on Muslims entering the country as well as his mass deportation of illegal immigrants. The magnitude of individual rights violations from deportations specifically would be staggering, as there is no way to arrest millions of immigrants without also arresting regular American citizens and legal residents as there is no way to tell them apart. Arrests would have to be done without probable cause and largely based on racial profiling with likely hundreds of thousands of law abiding people caught up in the dragnet. The police state necessary to accomplish such an action is likely beyond even the secret police organizations of former communist nations.

The ACLU memo also makes an important point concerning Trump’s promise to “open up the libel laws”: there are no federal libel statutes. What exactly Trump would do were he to be president and then find out that there are only state libel laws, I have no clue. But imagine the powers of the Justice Department in the hands of someone who has a history of abusing eminent domain and using the power of the justice system to silence critics. He has already blacklisted media outlets he doesn’t like and banned them from his campaign events. As Damon Root of Reason notes: “Just like a crybaby advocate of political correctness, Trump wants to hollow out the First Amendment in order to make a ‘safe space’ for himself.”

It’s not hard to see the abuses of the Nixon administration repeated under a hypothetical Trump one. But in 1974, when Nixon lost his appeal to the Supreme Court, he still turned over the tapes. I don’t know if we realize how vulnerable our constitution was in this moment. Constitutional power is not something physical; as Abraham Lincoln proved, the Supreme Court has no enforcement arm. In retrospect, if Nixon had just wanted to maximize his political power, it seems that his best plan would have been to not release the tapes and accept whatever political fallout that was. Maybe he would have been forced to resign, maybe not, but he only risked being in the same situation that actually happened. Trump has arguably already promised to do more unconstitutional things than Nixon ever did, and he’s less popular than Nixon ever was before Watergate. If in a similar situation, would Trump comply with the Supreme Court? With Congress? He’s already calling the election rigged before it’s even happened, and he doesn’t seem to believe polls that report him far behind Clinton (which he is). If he found himself thwarted by the other branches of government, would Trump allow the rule of law to occur, or subvert it using his executive authority? Would he even care that his actions were unpopular given how unpopular he already is?

Most of the problems in this section also apply to Hillary Clinton, and it is likely she would continue to abuse government power just like the Bush and Obama administrations. But while Trump may be running against Hillary, I’ve already made the case that your only decision in voting is whether to waste your vote on a main party, or help get a third party better ballot access. Gary Johnson specifically has been an outspoken critic of the advances of government power and the growing authoritarianism centralized in the presidency. If you want to stand against the increasing authoritarianism of the federal government, there is no way to justify voting for Trump over Gary Johnson.

Trump has many problems as a candidate: he is inconsistent, incompetent, and he reduces our ability to have real discussions. His policies are bad, but his authoritarian threats should give us the greatest pause. Would you vote for Richard Nixon today if Nixon told you he was going to abuse executive authority to preserver his own power? If he continuously attacked free speech and criticism, if he promised to arrest millions of people living in the US, do you think voting for him would be a good idea? Well, it’s not a hypothetical, all of these policies are literal quotations from Trump himself. You shouldn’t vote for Nixon, and you shouldn’t vote for Trump.


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Picture credit: Gage Skidmore, modified by postlibertarian.com (grayscale), licensed under BY-SA-2.0.

The Electoral College: Why You Should Vote Third Party

Voting Power

Robin Hanson proposes a voting thought experiment:

Imagine that polls stayed open for a month before the election deadline, and that a random one percent of voters were upgraded to “super-voters,” who can privately vote up to twenty times, as long as they wait at least an hour between votes. When a super-voter votes all twenty times, their votes are doubled, and counted as forty votes. “Privately” means no one else ever knows that this person was a super-voter.

Having two votes is twice the power of a normal vote, and gives you twice the ability to choose a winner. In this scenario, if super-voters wanted to maximize their ability to change the outcome they would unquestionably vote twenty times. Yet Hanson suggests most people wouldn’t vote twenty times. I would suggest another way to imagine the thought experiment: given the ability to pay to be part of this one percent, how much would you pay to be a super voter? I’d bet the price would incredibly low. Why? Because even these “super-voters” have no ability to influence the outcome of elections.

At least for federal elections. In 2012, the closest state in the presidential election by percentage was Florida with Obama ahead by only 0.88% (Click on % or votes to sort respectively).

State Obama Victory Margin (%) Obama Victory Margin (votes) Electoral Votes
Colorado  5.36  137,858 9
Florida 0.88 74,309 29
Georgia  -7.82  -304,861 16
Maine, 2nd  8.56  28,783 1
Montana  -13.65  -66,089 3
Nebraska, 1st -16.64 -43,939 1
Nebraska, 2nd -7.17 -19,087 1
Nevada  6.68  57,806 6
New Hampshire  5.58  39,643 4
North Carolina -2.04 -92,004 15
Ohio 2.98 166,277 18
Virginia 3.88 149,298 13

Several states or districts were actually closer in absolute victory margin than Florida, but not in percentage. Suppose that Romney had won Florida instead of Obama.  This would have required an additional 74,000 people to vote for Romney or 74,000 Obama supporters to stay home, or half that number to switch from Obama to Romney.  This isn’t out of the realm of possibility, but your puny 40 votes from Robin Hanson’s thought experiment would be worthless.  Even if you could get Hanson to give you 74,310 votes instead of 40, all it would do would change Romney’s electoral votes total from 206 to 235, not nearly enough to win the presidency.

In fact, if you could strategically place votes, the least amount of votes you’d need to add to flip the outcome from Obama to Romney would be:

  • 74,310 votes in Florida for 29 electoral votes
  • 166,278 votes in Ohio for 18 electoral votes
  • 149,299 votes in Virginia for 13 electoral votes
  • 39,644 votes in New Hampshire for 4 electoral votes

That would get Romney to 270 electoral votes, winning 4 states by a single vote each, and requiring 429,531 votes in exactly the right places. So how much should you pay to get 40 votes in the 2012 election? $0, because 40 votes could literally do nothing to change the outcome.

Where Votes Matter

Needless to say, your single vote in a single state is even less valuable than 40 votes. There are some mitigating circumstances which would give your federal vote the chance at importance: you don’t know how close the election will be in your state and you don’t know which state will be the decisive one.  But even this is only somewhat true; even though the 2016 election is months away, we are pretty sure that the most important states are Florida, Pennsylvania, Ohio, Virginia, and North Carolina.  FiveThirtyEight does this by ordering all states on a scale of most likely to least likely to vote for a candidate; the state that pushes each candidate over 270 electoral votes is the decisive state. New Hampshire and Nevada are located near the others, but because they are worth fewer votes, they are not as likely to decide the election.

The problem for Romney in 2012 was that Florida was the closest state, yet his “tipping point” state was probably Colorado (or New Hampshire like we calculated earlier).  People in Colorado actually had the decisive votes, yet their state was not competitive, so the election was largely over weeks before it actually happened.

This year, although there is still time, Trump is not competitive because he is losing badly in all the states mentioned above; he’s currently behind in not just Virginia and New Hampshire, but Ohio, Florida, Nevada, North Carolina, Iowa, and even Georgia. If Trump is in danger of losing Arizona even a few weeks before election day (recent polls have him ahead by only 2 percentage points), then the election will be over early.

Of course, things will change, and I suspect Trump will begin to lead again in North Carolina and Georgia. But to have a chance to be president, he’ll have to be competitive in Florida, Ohio, and likely Pennsylvania. If he’s not, he’ll end up like Romney with most votes cast on election day just fulfilling an already known outcome.

But irrespective of Trump’s competitiveness and barring unprecedented circumstances, if you don’t live in those mentioned states, your vote will be worthless regardless of what happens between now and election day. That’s an impressive fact. The purpose of the electoral college was to add a layer of indirection between pure populism and the presidency, but all it has succeeded in doing in make some states matter and others not matter at all.

Should You Vote At All?

There’s no getting around this question given how useless your vote is. The bottom line is that when it comes to presidential elections and pure cost-benefits discussion, if you don’t live in a swing state and your time is even marginally valuable to you, you should not waste time voting for president. People talking about your civic duty to vote convey a nice idea, but there’s no denying the electoral math.

Of course, this doesn’t mean you shouldn’t vote at all! The US is somewhat democracy obsessed, and there are usually very important other races to vote for. Senate and House races are often not very close, so you’ll have to check to see if your own local elections are projected to be close (the Cook Political ratings for House, Senate, and Governor are good places to start), but local elections and direct ballot referendums are much more likely to be competitive and will often affect voters’ lives more directly than federal elections. Of course, these also require a bit more research than presidential elections where information is plentiful.

The other point is that voting is fun. Americans love voting, because it feels like you’re involved in something bigger. Even if, mathematically, you’re not part of something at the federal level, you have the ability to make impacts on your local area.

Should You Vote For A Third Party?

We’ve already discussed that your presidential vote is worthless if you don’t live in a swing state (assuming they have any value at all). However, given that people can still find good reasons to vote in local elections, a local voter will already be in a position to cast a vote for president. The marginal cost of voting for president will be a matter of seconds. Given that, should you vote for a third party?

If you don’t live in a swing state, the answer is obviously yes. Of course, this assumes you actually prefer a third party to the normal Republican and Democrat choices. I don’t think this is too hard, and you can fill out surveys like isidewith.com and see what other political choices are available. Especially this year, there are plenty of people on the left disappointed with Hillary Clinton’s lack of integrity and hawkish foreign policy. And on the right, there are plenty people who would rather not vote for Donald Trump for any of several thousand reasons. If you don’t live in Florida/Pennsylvania/Ohio/North Carolina/Virginia, then there is no reason not to vote for a third party, as the outcome of non-swing states is already decided. If the outcome for any non-swing state is in danger, then the election is a landslide victory anyway (i.e. if Georgia is competitive, Hillary already won, so vote your conscience).

There’s also good reason to vote for a third party you like rather than leave that part of the ballot blank; Republicans and Democrats have been making it difficult for third parties to get onto the ballot for decades. The latest idea of the NeverTrump Republicans is to draft Evan McMullin to run for president. Well guess what? People won’t be able to vote for him in most states because of how difficult Republicans and Democrats have made it to get on the ballot.  But people who vote for third parties in November will be directly helping those parties surpass ballot access requirements for the next election cycle.  Many states allow automatic ballot access for the next election cycle if a party receives 3-5% of the vote in an election, depending on the state.

Should You Vote For A Third Party In A Swing State?

If you do live in a swing state, chances are you should vote for third party anyway! Most elections become less uncertain as we get closer to election day, and the chances of your swing state being both competitive and the decisive state are very low. In the last 10 elections, 2012, 2008, 1996, 1992, 1988, 1984, and 1980 were not particularly competitive. It actually didn’t matter who you voted for in these elections.  In 2004, John Kerry needed over 100,000 additional voters (out of almost 5.6 million cast) in Ohio to win, and while in retrospect that’s a fair margin, it was within the margin of error for polls. It seems that most knew Ohio would be the big battleground state.  But even if you combine all third party voters in Ohio, there’s not nearly enough to cover the margin. We could say that over 100,000 Bush supporters in Ohio could have voted for a third party without changing the outcome of the election. That’s a lot of people. In 1976, Ford only needed about 50,000 votes in Wisconsin and Ohio and he would have gotten 4 more years. It turns out that there were a substantial amount of third party votes for Eugene McCarthy, but it’s unlikely McCarthy voters were about to side with Ford over Carter.  It seems we could say about 50,000 additional third party votes could have been cast in Ohio and Wisconsin instead of being cast for Carter.

Now the most famous case of third party votes changing an election is Florida in 2000. Here Bush beat Gore by around 500 or so votes, while Ralph Nader, the Green Party candidate, received almost 100,000 votes. We should not discount Nader supporters; they knew they had the option to support Al Gore if they wanted to. They decided they’d rather vote for Nader, which is certainly their prerogative. The question should be, if they had a choice, would 500 more Florida Nader supporters have favored Al Gore being president over George W. Bush? If so, the the Green Party caused the president to be someone Green Party supporters did not prefer. It’s also likely quite a few more than 500 Nader supporters would have wanted a Gore presidency over a Bush presidency with Nader being a far left-of-center candidate.

But we have to emphasize that the 2000 Florida situation is simply unlikely; most elections are not close, and even when they are, hundreds of thousands of voters are needed to change the outcome, not 500.  If there is a chance of a swing state being the decisive state, and you happen to live in that state, and you have strong preferences between the two major party candidates, you could make an argument that you should vote for a major party over a third party, but that’s the only situation where there’s even an argument.

Another way I put it on facebook when discussing this year’s election with someone who opposed Trump:

“If Johnson voters would otherwise vote for Clinton, and if those voters live in a swing state, and if the election is close enough where 1 or 2 states could decide the election, and if Clinton were to lose by a margin smaller than the amount of Johnson voters who would vote for her, then a vote for Johnson is a vote that could cost Clinton the election. But it’s still not quite as bad as a vote for Trump.”

Remember, this is the only criteria for why you should vote for a Republican or Democratic presidential candidate. Even if you like them more than third party candidates, if it’s not a swing in a decisive election, it’s irrelevant that you vote for those candidates. The additional margin of victory changes nothing for them, and they already have ballot access.

The American electoral college was built to choose a president among many different candidates. Thus, in most states, you can vote for your ideal candidate without issue. The concept of “wasting” a vote on a third party makes no sense in most contexts because the electoral college will ensure that your vote is a “waste” already. If the election were a direct popular vote, voting for a third party would be a bigger issue (an issue that could be solved easily via instant runoff voting). But we don’t have that system. Anyone who claims that voting for Gary Johnson or Jill Stein is a “wasted vote” is just announcing that they prefer a main party candidate to a third party candidate. Trying to guilt voters who disagree with them to switch sides without convincing them why their candidate is actually better is an excellent political strategy. But as demonstrated here, there is no logic behind this reasoning beyond “I want my team to get more votes”. If their team isn’t worthy of getting your vote, don’t give it to them.


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Thanks to Stuart Langridge for his tips on making sortable html tables. 

Picture credit: Gary Johnson by Gage Skidmore, licensed under CC-BY-SA-2.0

Narrow Your Gun Debates

On firearms, I’m open to robust gun ownership, but I’m not sold on anything. Like most of my positions, my default is to favor the ability of individuals to operate without restrictions, but I’m by no means a gun purist, to the dismay of many more intense libertarians I know. If there were more stringent regulations on firearms purchases, it wouldn’t be something I cared strongly about.

Nonetheless, many people do feel strongly about gun ownership in the United States, and I wonder if this is a position where efficient advocacy could help us understand whether those feelings are warranted. Unfortunately, gun ownership and gun control are complex issues with many different parts. Continue reading Narrow Your Gun Debates

Abortion is way more complicated than you think it is.

Disclaimer: I am a man, and this article is written with respect to the development of my understanding of the issue While both men and women can and should have a say in such a philosophical debate, a woman will probably have given more thought to a matter that directly affects her.

I am neither “Pro-choice” nor “Pro-life”. A year ago, after changing my opinion on the matter for a fourth time, I realized that the issue was so complex such that I didn’t know enough to defend a particular opinion. From my experiences, I don’t think there are many people who do. Yet, reasoned discussion is stonewalled by the adamant insistence on the most basic and simple reasoning of each perspective.

Most libertarians can identify that the key arguments surrounding abortion are based in conflict between two human rights: the right of life and the right to one’s body. This conflict is not elucidated by objective science, but by subjective philosophy. If a fetus or embryo is a life, then ending it could be morally wrong, but if not, then restricting a woman’s control over its viability could be morally wrong.

However, abortion goes beyond these foundation arguments. Some assert that even if a fetus is alive,  it is similar to someone on a life support system, only the support system requires another’s body. Many would agree that being obligated to lend your body to a sick person is wrong; however, the fact that a fetus is brought into existence in this situation presents a possible exception. If a child were born in such a way that it was connected to other being, and needed to be so to continue life, would severing the connection not be an act of killing?

On the other hand, a “Pro-life” objection to the traditional “Pro-choice” argument asserts that even if a fetus is not a life,  terminating its development into a life is immoral. One argument for this, presented by philosopher Don Marquis, asserts that ultimately, killing a person is wrong because it deprives them of a future, and abortion is wrong on the same grounds. However, this has been countered by questioning if, by the same logic, a killing a sperm or egg would be wrong as well.Abortion Flowchart2

These arguments, presented simply in this flowchart, only scrape the surface of the complex issue of abortion. They all have their own rebuttals and counter-rebuttals, and they don’t even begin to address utilitarian arguments or exceptions for rape, incest, or the mother’s life. However, by presenting some of the complexities, I believe I have illustrated the complexity of issues to be considered before being able to justifiably claim oneself as “Pro-choice” or “Pro-life”

Your Candidate Sucks: Democracy Troubles

Now that we basically have our two major candidates, let’s do a retrospective look at some of the political candidates our system was able to produce, reject, or approve over this election cycle.  Let’s start with Republicans.

In early 2015, the prevailing wisdom was that Hillary Clinton was going to be the Democratic nominee.  She looked like a strong candidate but one with a low ceiling; she had great name recognition and experience, but also was (and is) tied to the Obama administration, especially its foreign policy. I’d argue she’s appeared even weaker over the course of the primaries than she did in 2015 as big swaths of Democrats have shown hesitation to embrace her candidacy. Given this situation, Republicans should have been able to come up with candidates that played well against Hillary; what they got is someone who (as of May 2016), isn’t very competitive. If only there had been someone else to pick from!

Wikipedia counts 17 Republican candidates. We won’t spend lots of time on all of them, but it’s worth seeing some of the candidates that were rejected. Continue reading Your Candidate Sucks: Democracy Troubles

Model-Breaking Observations in the Senate

It’s rare when an idea, or piece of evidence, comes along that is so impressive, it forces you to rethink your entire model of the world. The recently released Feinstein-Burr encryption bill has done just that.

It has been described as “technically illiterate”, “chilling”, “ridiculous”, “scary”, and “dangerous“.  Not only are the issues with the bill fairly obvious to anyone with a cursory understanding of encryption, the problems are of such magnitude that it thwarts any attempt to understand the Senators’ actions.  Let’s look at the effects of the hypothetical law.

The biggest issue is that this bill will significantly damage the United States’ national security. We live in a highly insecure world where cyberattacks, both foreign and domestic, are omnipresent. The Feinstein-Burr bill would fundamentally reduce the security of all technology infrastructure in the country. Jonathan Zdziarski in a blog linked above, gives some details:

Due to the backdooring of encryption that this legislation implies, American electronics will be dangerously unsafe compared to foreign versions of the same product. Diplomats, CEOs, scientists, researchers, politicians, and government employees are just a few of the people whose data will be targeted by foreign governments and hackers both while traveling, but also whenever they’re connected to a network.

That’s awful, and even if you have the most America-first, protect-American-lives mentality, weakening American encryption is the worst thing you could do; it literally endangers American lives.

I think there’s also a strong case to be made that this will do very little to combat terrorism. Unbreakable, strong encryption is widely available on the internet for free, forever; if bad people want to use it, they will.  Moreover, terrorism, as awful as it is, is relatively rare; Americans are about a 1000x more likely to die non-terrorism related homicide. And many more “common” homicides occur due to heat-of-the-moment arguments, which means there would be no encrypted messages detailing conspiracies. All this bill does is remove the ability of average, non-technically inclined Americans to secure their data.

And the people whose data will be most at risk will be those consumers who are less educated or less technically adept. Better informed consumers might have the ability to install foreign encryption software on their phone to keep their data safe, but most uninformed consumers just use default settings.  Thus, criminals who try and commit identity theft will greatly benefit from this legislation; they wouldn’t usually bother targeting knowledgeable users anyway, and with security stripped away from phones, it will be much easier to steal data from susceptible users. The people most in need of help to protect their data will be disproportionately harmed by this legislation.

On the other hand, most companies are not uniformed users. They have IT departments who understand the value of encrypting their data, and they will continue to purchase strong security software, even if it is no longer sold in the United States.  Foreign produced software works just as well.  Banning strong encryption will debilitate the American technology sector, one of the biggest and most important parts of the economy.   This will cost Americans jobs and diminish America’s influence on the future of the world, as technological innovation moves overseas.  But this isn’t just bad for Americans; it’s not easy to simply move an entire company or product overseas. There are huge capital investments these companies have made that will not be available in other countries immediately, if ever, and this will set back the global technology industry billions if not trillions of dollars.

So this really begs the question of why Senators Dianne Feinstein and Richard Burr introduced this bill; given their stated obsession with national security, and given the horrific effect this bill would have on American national security, there’s no good way to resolve their stated beliefs with their actions. Here are a couple theories to explain their behavior, and some discussion as to why each respective theory is unsatisfying.

The Senators are actually foreign spies purposefully trying to weaken American national security.  Obviously, if this theory is true, it’s self-evidently very bad that our elected officials not only don’t represent us, but actually represent foreign governments likely trying to harm Americans. Sure it’s quite unlikely since it’s very difficult to become a U.S. Senator at all, and no spy agency would send agents in with a plan to become a U.S. Senator.  Whether they were turned into foreign agents after being elected, I really can only speculate. But it strikes me as improbable. Nonetheless, it is true that this legislation is exactly what foreign security agencies would want to introduce to make the United States more vulnerable.  I was curious, so I checked the constitutional definition of treason as well as the Espionage Act, but it seems that you need to literally give secrets to other people, not just make it easier for them to obtain. But there is that one case where a high ranking official is in trouble for storing documents insecurely…

They’re power hungry politicians. The idea of the Senators being foreign spies is bit far-fetched.  But what know for sure is that they are politicians, which means they chose a career path that would give them more power to change things. Maybe Burr and Feinstein are sick of technology companies telling the FBI that they can’t assist their investigations, and they wanted to put them in their place.  If this theory is true, it’s pretty self-evidently evil; people in power using their power indiscriminately to harm citizens is the exact problem Thomas Jefferson identified in the Declaration of Independence.  Of course, it’s not usually a big problem, because James Madison helped construct a whole host of ways to check the power of government. Of course, the most important check for our situation is that senators are voted in by the people. So as long as people know about this dumb bill, they’ll kick these guys out…right?

Hanlon’s Razor (origin disputed) states that one should “never attribute to malice that which is adequately explained by stupidity.”  This theory would mean that two sitting, highly experienced U.S. Senators are too stupid to realize the ill effects this will have on national  and economic security.  Obviously, congress has to make laws in areas that its members are not always familiar with…but Burr and Feinstein are the chair and vice chair, respectively, of the Intelligence Committee. If anyone knows about intelligence, they do. And Feinstein is even on the Judiciary Subcomittee on Technology, Privacy, and the Law! If even these people are too stupid to understand what the effects of their own policies are, we might as well stop sending representatives to a legislature at all and just have run-of-the-mill uneducated voters pass everything directly through referendum. Sure, they’d have no idea what they’re doing, but apparently neither do Senators!

What I think is most likely, and most terrifying, is that American Democracy incentivizes members of Congress to make bad policy if it’s politically beneficial. With all the aides and staff Senators have, plus the amount of pressure they receive from outside groups, it seems unlikely they never heard about the bad effects of the bill. Yet, they did it anyway. Given they don’t work for law enforcement, there is no Frank Underwood endgame for passing this bill; banning encryption doesn’t directly allow Burr and Feinstein to look at their political enemies’ phones (…probably), just criminals and the police.  So then maybe their incentive was to appear tough on crime and terrorism, consequences be damned. Richard Burr is in a reelection year in North Carolina, so let’s look at the effect this horrible bill has had on his chances to win according to Predictit.org:

Primary was in mid-March, bill introduced in early April
Primary was in mid-March, bill introduced in early April

As you can see, the bill had very little effect on his perceived chances. Now, it could be that voters have already factored in Senator Burr’s position on destroying defending American national security, and he needed to introduce this legislation to maintain his position. But it looks identical to a situation where North Carolina voters couldn’t care less about Senator Burr’s position on encryption, and his introduction of legislation consequently had no effect on his reelection chances. If it’s the former, then we are in serious trouble because our legislative representatives are incentivized to make horrible policies because voters aren’t well informed.  If it’s the latter, then we have to dismiss this explanation and go back to one of the other three.

Whatever the explanation is, it reflects poorly on how the government constructs policy, and it reflects poorly on American Democracy. Moreover, assuming any of those discussed theories are true, they imply massive issues that will be difficult or impossible to solve.  Reforming democracy as many progressives would like, through campaign finance, wouldn’t even address any of these issues; it is the technology corporations and privacy NGOs which have been advocating for more privacy and making unbreakable encryption more accessible, while law enforcement and other government agencies have been advocating for less security.  But as far as I can tell, even they haven’t demanded anything like this bill.  Thus,  more campaign spending by private groups would help, not hinder good policy.

No matter how you look at it, this bill indicates a big failure for democratic government and illustrates the dangers discretionary state power.


Photo credit: Caïn venant de tuer son frère Abel, by Henry Vidal in Tuileries Garden in Paris, France, photo by Alex E. Proimos, licensed under CC-BY-2.0.

Follow-up: Not that wrong about Obamacare

Anytime we see something that challenges our worldview, it’s important to acknowledge it, and investigate whether our model of the world is incorrect, or at least to acknowledge our mistake. Otherwise, we cease to be engaging in discussion and building on knowledge. About a year ago, Josh, one of the former authors on this blog, wrote an excellent piece about how his predictions of massive failure for Obamacare did not seem to be coming true:

I Was Wrong About Obamacare

But now, a year further along, it seems the healthcare system isn’t doing so hot. The Wall Street Journal wrote in October:

Among this population of the uninsured, HHS reports that half are between the ages of 18 and 34 and nearly two-thirds are in excellent or very good health. The exchanges won’t survive actuarially unless they attract this prime demographic: ObamaCare’s individual mandate penalty and social-justice redistribution are supposed to force these low-cost consumers to buy overpriced policies to cross-subsidize everybody else. No wonder HHS Secretary Sylvia Mathews Burwell said meeting even the downgraded target is “probably pretty challenging.”

Late in December, Reason reported:

United announced during an investor briefing Thursday that it was expecting a whopping $425 million hit on its earnings this year, primarily due to mounting losses on its Obamacare exchange business. “We cannot sustain these losses,” United CEO Stephen Hensley declared.

And also in January:

Aetna, for example, has already dropped out of the exchange market in two states. A dozen of the 23 non-profit co-op plans backed by the law have already closed up shop, causing about 600,000 people to lose health plans, and a Politico analysis indicates that most of the remaining co-op plans are in trouble. Blue Cross Blue Shield of Texas and North Carolina both lost a sizable chunk of money on its exchange business during the program’s first year. The financial outlook for a number of insurers participating in Obamacare, in other words, doesn’t look good. And there are few signs that it is set to improve in the near future.

February:

Yet, the mandates aren’t working as planned. My colleague Brian Blase recently summed up the difference between the projected numbers of people who were expected to enroll in the ACA during this third open enrollment and the people who actually did. He notes a high estimate of 12.7 million people signing up for an exchange plan. But Blase actually thinks there will only be an average of 11 million enrollees this year. That’s 16 million fewer than the Rand Corporation predicted, 11.8 million fewer than the Centers for Medicare and Medicaid Services predicted, 12.1 million fewer than the Urban Institute predicted and 10 million fewer than the Congressional Budget Office projected.

It seems more likely than not that there will need to be some sort of change to the health system. Perhaps Josh’s predictions were too dire, but overall, I would retitle his post “I was still mostly right about Obamacare”.

 

Voting Rights Schmoting Rights

I.

“If you don’t feel like voting, don’t bother. It won’t matter. The statistical odds of your vote making any difference at all are infinitesimal.” These are the words of Megan McArdle in a sad, but amusing, piece telling you not to vote. And she’s right: your vote, at least in federal elections, is pretty worthless. Even in smaller House elections, over 80% of incumbents win.

But she’s not the only person that’s been talking about voting recently. The Left has been quite upset over new voter ID laws being implemented around the country. John Oliver even did a long segment on it.

I like John Oliver as a political commentator (and in Community). His sharp wit combines biting commentary with excellent humor, and the format of his show allows a deep dive on interesting issues. I try to watch as many of those segments as possible (they are available for free on YouTube) despite the vast differences in the way he and I view the world.  Oliver’s analysis provides great starting points for discussion, and he helps me understand many critiques of issues that I would never have thought of.

While I don’t really disagree with him on the basic issue of voter ID laws, I feel like he’s missed the more profound problem about American democracy: voting is just a gimmick.

How can this be? Voting is a fundamental right!  America was founded as a grand experiment in democracy! Yes, voting is very important to Americans, but why?  In fact, what is a voting right? Continue reading Voting Rights Schmoting Rights

The Iowa Caucuses

Republican

Ted Cruz has won Iowa, and it looks like Donald Trump and Marco Rubio are essentially tied for second place. This is good news for Cruz and Rubio, and bad news for Trump. Trump was leading in most of the polls leading up to Iowa, and Trump has marketed his high polling numbers as his claim to relevance.  It seems, at least in Iowa, those polling numbers aren’t as powerful as we thought.  This could be due to the fact that caucuses are bad for Trump’s less educated constituency, or it could be evidence of deeper issues that his constituency will have a hard time showing up in many primaries.  Rand Paul, for what it’s worth, did better than expected, but was a distant 5th.

What does this mean?  Well, as I’ve referenced before, Trump’s lead may be due to disproportionate media coverage. This may fade as there is more focus on Cruz this week. Before tonight, I would have expected Trump to win in New Hampshire, but after tonight, his chances will be a bit slimmer.  Referencing my own predictions, I had Trump at 20% on December 31, and I personally had him at a 30% chance of winning the nomination yesterday. I’d bump him down to at most 25% now, perhaps less.  You have to also figure Rubio’s chances have increased.  Iowa is not somewhere he would be expected to do very well, yet he essentially tied for second. I’m not sure where I’d put Rubio’s chances to be the Republican nominee, but perhaps around 40%. Cruz would probably be around 30%.

How do I feel about this?  Well my preferences are certainly Rubio > Cruz > Trump, so I’m glad Trump lost. There’s the destructive argument that if Trump wins the nomination, it might help third parties out as conservatives voters cast about for another candidate, but even then it would be tough for libertarians to get the 5% needed for public financing or the 15% needed to get into the debates. We’ll have to see how the rest of the primaries go, but I severely hope Trump continues to do poorly.

Democratic

This was very close, and though I still don’t know who officially won, an outcome this close has clear ramifications: Clinton underperformed and Sanders beat expectations.  Sanders was already likely to win New Hampshire, and I’d bet that 538 will give him above an 80% chance to win for the rest of the week.  He is still likely to lose South Carolina.

What does this mean? In December, I gave Hillary a 90% chance to be the Democratic nominee (and Bernie a 10% chance). Before tonight, I think I would have given Bernie a 15-20% chance. After tonight, I think I’d be closer to 20%. Maybe. The problem for Sanders is just that Iowa plays to his strengths; he’ll do well in NH as it also plays to his strengths, but in big states and in more diverse states, I predict he will lose.  This will be one of Bernie’s best showings–and it was essentially a tie.  In all the other areas: funding, endorsements, connections…Hillary wins very handily.

How do I feel about this?  I vaguely prefer Sanders as I know exactly where he stands and what problems I have with him. Moreover, the president controls foreign policy, and I agree with Sanders much more than Clinton on foreign policy. But on his domestic agenda, Bernie has disastrous ideas.  I haven’t focused on them much this cycle because I gave Bernie a very low chance of winning the nomination. It may be worth writing about his policy flaws while people are still interested in discussing his policies.

However, that’s not the whole story, because there is some strategy involved as well. Even though in my last post, isidewith.com recommended Bernie over many other candidates, I’m not nearly so excited about him in my own preferences. I think in reality, I might prefer a Rubio presidency to a Sanders one, although both would be bad. Rubio just seems less extreme, and some of his compromises might be very beneficial, such as on immigration. So here’s the point: if Sanders was the nominee, it would doubtless lead to a GOP victory. This is bad if it’s Trump, but probably good if it’s Rubio (and I’m not sure about Cruz). And so this gives me another incentive to cheer for Sanders, as long as Trump does poorly.

So overall, it’s good Trump missed expectations, good Rubio beat expectations, and probably good Bernie beat expectations as well, but I doubt it’ll last.

And as for my last prediction I’ll bring up; in December, I gave myself a 70% chance I’d vote for the libertarian candidate in November.  An important reason I wouldn’t vote for the libertarian candidate would be if a situation arose where my vote would help decide the outcome of the state I live in, and if I feared for the outcome of the election. Overall, if I’m not voting for the libertarian candidate, bad things are probably happening. Luckily I’d say my prediction remains unchanged as of right now.

 

 

Picture credits: both by Gage Skidmore, licensed under CC-BY-SA.