When Donald Trump announced his candidacy, many people laughed. He even managed to create some bipartisan agreement among my liberal and my conservative friends: they generally believed that while Trump would be good theatre, he would either fade away or implode in a magnificent and huge manner. As Trump kept Trumping along, many of my conservative friends began to sweat just a little—while they are often dedicated conservatives, the idea of a Trump presidency was not very appealing. My liberal friends tried to reassure themselves that if Trump was picked to run against Hillary, a Democratic victory was assured. However, I could tell they were sweating a little. Now that it is the second week of December and Trump is Trumping along, I am sure that at least some people are waking up in the middle of the night, visions of President Trump trumpeting in their heads.
Since expert pundits and establishment politicians predicted that Trump would not go the distance, it is certainly worth considering why he is doing so well. While primarily a matter of politics and psychology, there are also matters of philosophical interest here.
One major factor in regards to Trumps success is that the Republican party and conservative strategists created an ecosystem that is nearly perfect for Trump. First, there has been a sustained attack on reason and intellectuals. For example, Obama is derisively described as professorial and thinking too much. Trump does not create the impression that he is thinking too much and is regarded more as the school bully rather than the professor. This seems to be a factor that is hurting Bush—he is a man who thinks and grasps the complications of politics.
Second, there has been a narrative of weakness leveled against Democrats and there have been unfavorable comparisons made between Obama and “strongmen” like Putin. Trump nicely fits the “strongman” model—he is brash, full of bravado, bullying and loud. While this stick was mainly used to beat Democrats, Trump has gleefully employed it to bash his weaker Republican opponents, such as the “low energy” Jeb Bush.
Third, there have been subtle and not so subtle uses of race in political scare tactics and manipulation. While people do have race issues and fears that do not come from the politicians, the use of race has helped forge a space for Trump. He also has a very effective narrative in that he is engaged in the culture war against the politically correct culture. Trump is willing to take this fight beyond lines that most institutional Republicans, such as Paul Ryan and Dick Cheney, are unwilling to cross. It is worth noting that some blame the political correctness machinations of some Democrats for helping Trump out here.
Fourth, there has been a repeated narrative of attacking the establishment. For the most part, this has been mere rhetoric—establishment figures say they are going to go (back) to Washington to fight the establishment. But they usually just settle in. Trump is a genuine outsider to politics and he is clearly willing to go hard against the establishment. This is not to diminish the fact that people also have their own reasons to be angry at the establishment—mainly because of what it has (and has not) done. If America had been better governed, Trump would probably not have made it past the first few months. While this is a dagger that the Republicans like to use to stab the Democrats, it works great against fellow Republicans.
Fifth, there has been an ongoing war against the “liberal media” which has trained many people to reject the mainstream media as biased and lacking in credibility. Since one role of the media is to vet candidates and to call candidates out for lies, this means that Trump has an easy reply to any criticism from the media—even from the conservative media (such as Trumps bouts with Fox).
Sixth, while the use of scare tactics (the fallacy of offering as “evidence” for a claim something that is intended to cause fear and thus motivate acceptance) is as old as politics, the conservatives have beaten the drum of fearing foreigners for quite some time (Democrats also take turns at the drums of fear and panic). Trump is just devouring this fear and growing huge.
Another major factor in Trump’s success is the very real dissatisfaction of Americans. While the economic recovery has returned most of the wealth that the richest people lost, the majority of Americans are still suffering from the enduring economic scars. There is also the fact that wages have stagnated and the lower economic classes (that is, most of us) are worse off than our predecessors. As Bernie Sanders has pointed out for decades, there is grotesque economic inequality in America.
While Americans have been conditioned to dislike socialism and love capitalism, people cannot help but feel the impact of this inequality. As such, they need to reconcile their economic worries with their ideology—they need someone to blame other than the rich. While Americans are mostly reluctant to blame those who are clearly responsible (those who benefit from the inequality and those who serve them so well), they feel that someone must be to blame. Trump has been able to tap into this dissatisfaction, as many a skilled demagogue has tapped into economic dissatisfaction before him. In fact, what is somewhat surprising is that it took so long for a demagogue to arise.
A third factor in Trump’s success, as noted above, is the fear many Americans feel in regards to safety. After the Cold War ended, a narrative of terrorism was lovingly crafted to scare Americans—helped by real terrorism, of course. The United States also faces the fear caused by repeated mass shootings and high levels of violence. This creates a deep well of fear that Trump can draw from repeatedly.
When people are afraid, they tend to reason poorly and act stupidly in very predictable ways. One part of this stupidity is that people often seek a leader who is loud, confident and promises that he will solve the problems, usually using means that most others initially regard as morally unacceptable. This willingness to act in such ways is often seen as strength and, in many cases, can actually match the views of those who start following the leader. Trump knows how to deal and how to put on a show and a second aspect of stupidity in this area is that people are drawn to the safety theatre rather than to the rather dull and complicated things that actually enable people to be safe.
Trump could very well ride the wave of fear and dissatisfaction through the primaries and emerge as the Republican candidate. While the professional pundits claim that Trump would be trounced in the general election, his numbers are not that bad. Also, the hallmark of the professional pundit seems to be being consistently wrong. So, get ready for Trump 2016.
One popular narrative on the American right is that the West is engaged in a “clash of civilizations” with Islam. Some phrase it in terms of Islam being at war with the West, while some are willing to cast the war as being between the West and radical Islam (rather than all of Islam). Not surprisingly, the various terrorist groups that self-identify as Muslim would probably be quite pleased with this narrative: they also would like it to be a war between all of Islam and the West.
There are various psychological reasons to embrace this narrative. Seeing oneself on the side of good in an epic struggle with evil is certainly very appealing. This provides a person with meaning and a sense of significance that is so often lacking in modern life. There is also the lure of racism, bigotry and religious intolerance. These are strong motivating factors to regard those who are different as an implacable enemy—inferior in all ways, yet somehow demonically dangerous and devilishly clever.
There are also powerful motivations to get others to accept this narrative. Leaders can use it as political fuel to gain power and to justify internal oppression and external violence. It also makes an excellent distractor from other problems. As such, it is no surprise that both American politicians and terrorist leaders are happy to push the West vs. Islam narrative. Doing so serves both their agendas.
While the psychology and politics of the narrative are both very important, I will focus on discussing the idea of the West being at war with Islam. One obvious starting point is to try to sort out what this might mean.
It might seem easy to define the West—this could be done by listing the usual Western nations, such as the United States, France, Germany, Canada and so on. However, it can get a bit fuzzy in areas. For example, Turkey is predominantly Muslim, but is part of NATO and considered by some to be part of the Western bloc. Russia is certainly not part of the classic West, but is the target of terrorist groups. But, perhaps it is possible to just go with the classic West and ignore the finer points of this war.
Establishing the war is fairly easy. While many terrorist groups that claim to be fighting for Islam have declared open war on the West, the overwhelming majority of Muslims have not done so. As such, the West is only at war with some Muslims and not with Islam. Likewise, Islam is not at war with the West, but some Muslims are. Muslims are also at war with other Muslims—after all, Daesh (which likes to call itself “ISIS”) has killed far more Muslims than it has killed Westerners. The West could, of course, establish a full war on Islam on its own. For example, President Trump could get Congress to declare war on Islam.
There are, however, some obvious practical concerns about taking the notion of a war on Islam seriously. One concern is the fact that while the are some predominantly Muslim nations that are hostile to the United States (such as Iran and Syria), there are others that are nominal allies (such as Jordan, Pakistan, Iraq, Egypt, and Saudi Arabia) and even one that is part of NATO (Turkey). As such, a war against Islam would entail a war against these allies. That seems both morally and practically problematic.
A second concern is that many friendly and neutral countries have Muslim populations. These countries would probably take issue with a war against their citizens. There is also the fact that the United States has Muslim citizens and waging a war on United States citizens could also prove somewhat problematic both legally and practically. But perhaps Muslim Americans could be treated the way Japanese Americans were treated during WWII. That worked out great, so why not just repeat history? Donald Trump has laid out some of his thoughts on this matter, at least in regards to handling the war with Muslims in America. He has considered requiring Muslims to be registered in a special database and to identify their faith. As those who are familiar with history will remember, this sort of thing has been done before. While I am no constitutional scholar, this sort of thing would seem to be a clear violation of basic civil rights and is clearly immoral.
A third practical concern is determining the victory conditions for such a war. “Classic” war typically involves trying to get the opposing country to surrender or to at least agree to conditions that end the war. However, a war against a religion would seem to be inherently different. One rather awful victory condition might be the elimination of Islam, either through extermination or conversion. This sort of thing has been attempted against faiths and peoples in the past with varying degrees of “success.” However, such exterminations seem to be rather morally problematic—to say the least. Alternatively, Muslims might be rounded up and kept in concentrated areas where the West could observe them and ensure they did not engage in any hostilities against the West. This also seems rather impractical and morally horrifying.
Victory might be defined in less extreme ways, such as getting Islam to surrender and creating agreements to behave in ways that the West approves. This is, after all, how traditional wars end. There are, of course, many practical problems here. These would include the logistics of Islam’s surrender (since there is no unified leadership of Islam) and working out the agreements all across the world.
Or perhaps there is no actual intention to achieve victory: the war on Islam is simply used to justify internal suppression of rights and liberties, to manipulate voters, to ensure that money keeps flowing into the military-security complex, and to provide pretexts for military operations. As such, the war will continue until a more traditional opponent can be found to fill the role of adversary. Russia seemed eager to get back into this role, but they now seem willing to take part in the war on terror.
One reasonable counter to the above is to insist that although the ideas of a war with Islam and a clash of civilizations are quite real, a more serious approach is a war with radical Islam rather than all of Islam. This narrower approach could avoid many of the above practical problems, assuming that our Muslim allies are not radicals and that our and allied Muslim citizens are (mostly) not radicals. This would enable the West to avoid having to wage war on allies and its own citizens, which would be rather awkward.
While this narrowed scope is an improvement, there are still some obvious concerns. One is working out who counts as the right sort of radical. After all, a person can hold to a very radical theology, yet have no interest in harming anyone else. But perhaps “radical Islam” could be defined in terms of groups that engage in terrorist and criminal acts that also self-identity as Muslims. If this approach is taken, then there would seem to be no legitimate justification for labeling this a war on Islam or even radical Islam. It would, rather, be a conflict with terrorists and criminals—which is as it should be.
There are some very practical reasons for avoiding even the “war on radical Islam” phrasing. One is that using the phrase provides terrorist groups with a nice piece of propaganda: they can claim that the West is at war with Islam, rather than being engaged in conflict with terrorists and criminals who operate under the banner of Islam. The second is that the use of the phrase alienates and antagonizes Muslims who are not terrorists, thus doing harm in the efforts to win allies (or at least to keep people neutral).
It might be objected that refusing to use “radical Islam” is a sign of political correctness or cowardice. While this is a beloved talking point for some, it has no merit as a serious criticism. As noted above, using the term merely serves to benefit the terrorists and antagonize potential allies. Insisting on using the term is a strategic error that is often driven by bravado, ignorance and intolerance. As such, the West should not engage in a war on Islam or even radical Islam. Fighting terrorists is, of course, another matter entirely. We should certainly put an end to Daesh and other such groups to protect the West and Muslims. And Western Muslims.
As noted in previous essays on this topic, those with the highest income in the United States currently pay about 1/3 of their income in taxes. Some on the left have proposed increasing the tax rate to 40% or even 45%. For the most part, conservatives oppose these proposed tax increases. This essay will look at the avoidance argument against this increase.
The gist of this argument is that the tax increase is pointless because the rich will simply find ways to nullify the increase. They might use already established methods or develop new ones, but (the argument goes) they will manage to avoid paying the increase.
This argument does has a certain appeal—after all, there is little sense in engaging in actions that will have no effect. As such, it would seem reasonable to leave things as they are, since this change would do exactly that—only at the cost of enacting ineffective legislation.
Despite this appeal, there are two key factual issues that need to be addressed. The first is the issue of whether or not the rich would try to avoid the tax increase. Some of the wealthy have at least claimed to favor higher tax rates, so they might elect to accept the increase. However, most people (be they rich or not) generally prefer to not pay more taxes. There is also the fact that many of the rich already do all they can to minimize their tax burden. There is no reason to think that a tax increase would change this behavior. As such, it is reasonable to infer that most of the rich would try to minimize the impact of the tax increase.
The second factual issue is whether or not the rich would be able to nullify the tax increase. Or, if they cannot completely nullify it, the focus would be on determining the degree of nullification. One approach to this question is to consider that if the rich are concerned about the tax increase, then this indicates that it would affect them. After all, people generally do not worry about things they believe will not affect them.
A reasonable counter to this is that while the rich will be affected by the tax increase, their concern is not that they will be paying more taxes, but that avoiding the increase will cost them. For example, they might have to pay lawyers or accountants to enable them to neutralize the increase. Or they might need to lobby or “donate” to politicians. Some even claim that the rich would be willing to expend considerable resources to mitigate the tax increase—if this expenditure would be lower than what paying the increase would cost them, then this approach could be rational. It could even be claimed that some might be willing to pay more to avoid the taxes than the taxes would cost them, perhaps as a matter of principle. While this sounds odd, it is not inconceivable.
Another approach is to consider how effectively the rich avoid existing taxes. Even if they are somewhat effective at doing so, the increase could still impact them and thus generate more tax revenue (which is the point of the tax increase). As such, an increase could be effective in regards to the stated goal of increasing revenue.
In addition to the factual issues, there is also the issue of whether or not the principle that underlies this argument is a good principle. The principle is that if people will be able to avoid a law (or policy), then the law should not be put in place.
As noted above, this principle does have a pragmatic appeal: it seems irrational to waste time and resources creating laws or policies that will simply be avoided. This sort of avoidance argument is also used against proposed bills aimed at gun control. Interestingly enough, many of those who use the avoidance argument in regards to gun control do not accept this same argument when it comes to attempts to limit abortion or to keep marijuana illegal. This is as should be expected: people tend to operate based on preferences rather than on consistent application of principles.
One possible response is that if a law is worth having, then steps should be taken to ensure that people cannot simply avoid it. If it was found that some people were able to get away with murder, then the morally right reaction would not be to simply give up on the law. The correct reaction would be to ensure that they could not get away with murder. Naturally, it can be argued that the tax increase would not be a law worth having—but that is a different argument distinct from the avoidance argument being addressed here.
A second possible response is to reject the consequentialist approach and take the approach that the fact that people will be able to avoid a law or policy is not as important as the issue of whether or not the law or policy is right. Some people take this approach to drug laws: they accept that the laws are ineffective, but contend that since drug use is immoral, it should remain illegal. As always, consistency is important in these matters: if the principle that moral concerns trump the pragmatic concerns is embraced, then that principle needs to be applied consistently in all relevantly similar cases. If the principle that the pragmatic should trump the moral is accepted, then that needs to be applied consistently to all relevantly similar cases. While the issue of whether such a tax increase is morally right or not is important, my concern here is with the avoidance argument. But, if the tax increase is not the right thing to do and the rich would just avoid it, then imposing it would be both wrong and a bad pragmatic choice.
At the end of October, 2015 the remaining Republican candidates engaged in what the media billed as a debate. Many people have been rather critical of the way the moderators managed the debate and the questions they raised. While some attribute their behavior to political bias and present it as evidence of the dreaded liberal bias of the media, a better explanation is that the main concern of the moderators was to maximize the number of eyeballs watching the event. Substantive questions about the nuances of policy and their answers tend to bore people. Questions that compare Donald Trump to a comic book villain and pit the contestants against each other are entertaining and more likely to draw an audience.
While the quality and intent of the “debate” moderators are matters of interest, my main concern in this essay is the matter of truth and its relevance to politics. I am well aware that the cynical view that truth matters in politics as much as Jek Porkins mattered in the attack on the Death Star. While people often shrug and make jokes about politicians being liars when the matter of truth in politics comes up, if truth does not matter much in politics, then we are to blame. We accept the untruths of those who share our ideology, though we pounce with ferocity on the lies of the opposing team. In fact, we even pounce on the truths of the opposing team. This is largely due to well-studied psychological biases. Fortunately, there are those who make it their business to assess the claims of the political class. Most notable among them is Politifact.
While politicians grow a bounteous crop of untruths in their minds, I will focus on one interesting example of Ben Carson and his relationship with Mannatech. Carl Quintanilla, one of the moderators, asked Carson about his relationship with this company:
Quintanilla: There’s a company called Mannatech, a maker of nutritional supplements, with which you had a ten-year relationship. They offered claims that they could cure autism, cancer. They paid $7 million dollars to settle a deceptive marketing lawsuit in Texas, and yet your involvement continued. Why?
Carson: Well, it’s easy to answer. I didn’t have an involvement with them. That is total propaganda and this is what happens in our society. Total propaganda. I did a couple of speeches for them, I did speeches for other people, they were paid speeches, it is absolutely absurd to say that I had any kind of relationship with them. Do I take the product? Yes. I think it’s a good product.
While some might regard this as a “gotcha” question or an example of the liberal media bias, it is actually as reasonable to ask this of Carson as it would be to ask Hillary Clinton about her various financial connections. These sorts of questions are legitimate inquiries about judgment, character and the sort of interests that might influence a politician. They also are relevant in terms of what potential scandals might emerge.
Carson was also given a clear test of character: would he bear false witness in regards to his own deeds and say something false or would he set himself free with the truth? His choice was to say he “didn’t have an involvement with them.” Unfortunately, this claim contradicts the known facts. The Wall Street Journal has laid out Carson’s ties to this company. Politifact has, not surprisingly, rated his claim as false. They did not, however, apply the lowest ranking, that of Pants on Fire.
No doubt aware that Carson had make an untrue claim, the moderator endeavored to press him on this point:
Quintanilla: To be fair, you were on the homepage of the website with the logo over your shoulder.
Carson: If somebody put me on their homepage, they did it without my permission.
Quintanilla: Does that not speak to your vetting process or judgement in any way?
Carson: No, it speaks to the fact that I don’t know those… See, they know.
At this point, the audience began to boo Quintanilla, presumably in defense of Carson. This was not particularly surprising: Fox New and conservative politicians have been pushing the “liberal media” and “gotcha” question talking points very effectively and a dislike for non-conservative media is very strong in many conservatives. To be fair to the audience, they might not have known that Carson said something untrue and that the moderator was endeavoring to make that clear—which is what should be expected in a forum that should involve challenging questions.
However, the audience did not need to be aware of the particular facts that made Carson’s claim untrue. There was no need for them to have done research since he refuted his own claim about not being involved with the company in his reply. Carson said, “I did a couple of speeches for them, I did speeches for other people, they were paid speeches, it is absolutely absurd to say that I had any kind of relationship with them.” A reasonable interpretation of the claim that he “didn’t have any kind of relationship with them” is that he had no relationship with the company. Doing paid speeches for the company would certainly seem to be involvement and a relationship. The facts, of course, point to a significant involvement with the company. But, even without those facts, his own claim he was paid by the company shows that he was involved with the company.
It could be claimed that Carson meant something else by “involvement” and “relationship” and he could be defended on semantic grounds—much as Bill Clinton attempted a definitional defense regarding the word “sex” when pressed by the Republicans. To be fair, “involvement” and “relationship” could be taken to require more than being paid to give speeches. To use an analogy, while a hooker might be paid to provide a man with sex, this does not entail that she is involved with him or that she has a relationship with him. As such, the audience could be forgiven for booing the moderator for endeavoring to take Carson to task for saying an untruth. The audience members might have honestly believed that being paid to give speeches does not count as involvement or a relationship and presumably they would extend this same principle to Democratic candidates who have been paid by various interests yet are not “involved” with them.
When pressed by Jim Geraghty of the National Review about this matter, the Carson camp engaged in an intriguing semantic defense involving the path by which the compensation reached Carson and what actually counts as an endorsement. The reader is invited to view the video featuring Dr. Carson talking about Mannatech and judge whether or not this should be considered an endorsement. To my untrained eye, this seems indistinguishable from other paid endorsements I have seen. As such, it seems reasonable to hold that Carson spoke an untruth and some of the audience rushed to defend him for this. Neither is surprising, but both are disappointing. Especially since Carson’s poll numbers are doing just fine. Either his supporters do not believe he said untrue things or they do not care. Both of these explanations are worrying.
“The road to the White House is not just any road. It is longer than you’d think and a special fuel must be burned to ride it. The bones of those who ran out of fuel are scattered along it. What do they call it? They call it ‘money road.’ Only the mad ride that road. The mad or the rich.”
While some countries have limited campaign seasons and restrictions on political spending, the United States follows its usual exceptionalism. That is, the campaign seasons are exceptionally long and exceptional sums of money are required to properly engage in such campaigning. The presidential campaign, not surprisingly, is both the longest and the most costly. The time and money requirements put rather severe restrictions on who can run a viable campaign for the office of President.
While the 2016 Presidential election takes place in November of that year, as of the May of 2015 a sizable number of candidates have declared that they are running. Campaigning for President is a full-time job and this means that person who is running must either have no job (or other comparable restrictions on her time) or have a job that permits her to campaign full time.
It is not uncommon for candidates to have no actual job. For example, Mitt Romney did not have a job when he ran in 2012. Hilary Clinton also does not seem to have a job in 2015, aside from running for President. Not having a job does, obviously, provide a person with considerable time in which to run for office. Those people who do have full-time jobs and cannot leave them cannot, obviously enough, make an effective run for President. This certainly restricts who can make an effective run for President.
It is very common for candidates to have a job in politics (such as being in Congress, being a mayor or being a governor) or in punditry. Unlike most jobs, these jobs apparently give a person considerable freedom to run for President. Someone more cynical than I might suspect that such jobs do not require much effort or that the person running is showing he is willing to shirk his responsibilities.
On the face of it, it seems that only those who do not have actual jobs or do not have jobs involving serious time commitments can effectively run for President. Those who have such jobs would have to make a choice—leave the job or not run. If a person did decide to leave her job to run would need to have some means of support for the duration of the campaign—which runs over a year. Those who are not independent of job income, such as Mitt Romney or Hilary Clinton, would have a rather hard time doing this—a year is a long time to go without pay.
As such, the length of the campaign places very clear restrictions on who can make an effective bid for the Presidency. As such, it is hardly surprising that only the wealthy and professional politicians (who are usually also wealthy) can run for office. A shorter campaign period, such as the six weeks some countries have, would certainly open up the campaign to people of far less wealth and who do not belong to the class of professional politicians. It might be suspected that the very long campaign period is quite intentional: it serves to limit the campaign to certain sorts of people. In addition to time, there is also the matter of money.
While running for President has long been rather expensive, it has been estimated that the 2016 campaign will run in the billions of dollars. Hilary Clinton alone is expected to spend at least $1 billion and perhaps go up to $2 billion. Or even more. The Republicans will, of course, need to spend a comparable amount of money.
While some candidates have, in the past, endeavored to use their own money to run a campaign, the number of billionaires is rather limited (although there are, obviously, some people who could fund their own billion dollar run). Candidates who are not billionaires must, obviously, find outside sources of money. Since money is now speech, candidates can avail themselves of big money donations and can be aided by PACs and SuperPACs. There are also various other clever ways of funneling dark money into the election process.
Since people generally do not hand out large sums of money for nothing, it should be evident that a candidate must be sold, to some degree, to those who are making it rain money. While a candidate can seek small donations from large numbers of people, the reality of modern American politics is that it is big money rather than the small donors that matter. As such, a candidate must be such that the folks with the big money believe that he is worth bankrolling—and this presumably means that they think he will act in their interest if he is elected. This means that these candidates are sold to those who provide the money. This requires a certain sort of person, namely one who will not refuse to accept such money and thus tacitly agree to act in the interests of those providing the money.
It might be claimed that a person can accept this money and still be her own woman—that is, use the big money to get into office and then act in accord with her true principles and contrary to the interests of those who bankrolled her. While not impossible, this seems unlikely. As such, what should be expected is candidates who are willing to accept such money and repay this support once in office.
The high cost of campaigning seems to be no accident. While I certainly do not want to embrace conspiracy theories, the high cost of campaigning does ensure that only certain types of people can run and that they will need to attract backers. As noted above, the wealthy rarely just hand politicians money as free gifts—unless they are fools, they expect a return on that investment.
In light of the above, it seems that Money Road is well designed in terms of its length and the money required to drive it. These two factors serve to ensure that only certain candidates can run—and it is worth considering that these are not the best candidates.
The Trans-Pacific Partnership (TPP) has generated considerable controversy, mostly over what people think it might do. While making prediction about such complex matters is always difficult, there is a somewhat unusual challenge in making such prediction about the TPP. This challenge is that it is being kept secret from the public.
While senators are allowed to read the text of the TPP, it is being treated like an ultra-secret document. To gaze upon it, a senator must go to a secure basement room, hand over all electronics and then leave behind any notes he (or she) has written. An official from the US Trade Representative’s office watches them. After reading the document, the senator is not allowed to discuss the matter with the public, experts or lawyers.
While members of congress typically do not read the legislation the lobbyists have written for them to pass and the public usually has little interest in the text of bills, there is obviously still the question of justifying such secrecy. After all, the United States is supposed to be a democratic state and President Obama made all the right noises about transparency in government.
Robert Mnookin, of Harvard Law, has put forth stock justifications for such secrecy. The first justification is that having such matters open to the public is damaging to the process: “The representatives of the parties have to be able to explore a variety of options just to see what might be feasible before they ultimately make a deal. That kind of exploration becomes next to impossible if you have to do it in public.”
The second stock justification is that secrecy enables deals to be negotiated. As he says, “In private, people can explore and tentatively make concessions, which if they publicly made, would get shot down before you really had a chance to explore what you might be given in return for some compromise.”
In support of Mnookin, public exposure does have its disadvantages and secrecy does have its advantages. As he noted, if the negotiating parties have to operate in public, this can potentially limit their options. To use the obvious analogy, if a person is negotiating for a raise, then having to do so in front of his colleagues would certainly limit her options. In the case of trade deals, if the public knew about the details of the deals, then there might be backlash for proposals that anger the public.
Secrecy does, of course, confer many advantages. By being able to work out the exploration in secret, the public remains ignorant and thus cannot be upset about specific proposals. Going with the salary analogy, if I can negotiate my salary in complete secrecy, then I can say things I would not say publicly and explore deals that I would not make in public. This is obviously advantageous to the deal makers.
Obviously, the same sort of reasoning can be applied to all aspects of government: if the ruling officials are required to operate in the public eye, then they cannot explore things without fear that the public would be upset by what they are doing. For example, if the local government wanted to install red-light cameras to improve revenues and had to discuss this matter openly, then the public might oppose this. As another example, if the state legislature wanted to cut a special deal for a company, discussing the payoff openly could be problematic.
Secrecy would, in all such cases, allow the ruling officials to work out various compromises without the troubling impact of public scrutiny. The advantages to the ruling officials and their allies are quite evident—so much so, it is no wonder that governments have long pushed for secrecy.
Naturally, there are some minor concerns that need to be addressed. One is that secrecy allows for deals that, while advantageous for those making the deals, are harmful to other members of the population. Those who think that government should consider the general welfare would probably find this sort of thing problematic.
Another trivial point of concern is the possibility of corruption. After all, secrecy certainly serves as an enabler for corruption, while transparency tends to reduce corruption. The easy reply is that corruption is only of concern to those who think that corruption is a bad thing, as opposed to an opportunity for enhanced revenue for select individuals. Put that way, it sounds delightful.
A third matter is that such secrecy bypasses the ideal of the democratic system: that government is open and that matters of state are publicly discussed by the representatives so that the people have an opportunity to be aware of what is occurring and have a role in the process. This is obviously only of concern to those misguided few who value the ideals of such a system. Those realists and pragmatists who know the value of secrecy know that involving the people is a path to trouble. Best to keep such matters away from them, to allow their betters to settle matters behind closed doors.
A fourth minor concern is that making rational decisions about secret deals is rather difficult. When asked what I think about TPP, all I can say is that I am concerned that it is secret, but cannot say anything about the content—because I have no idea what is in it. While those who wrote it know what is in there (as do the few senators who have seen it), discussion of its content is not possible—which makes deciding about the matter problematic. The easy answer is that since we do not matter, we do not need to know.
A federal appeals court ruled in May, 2015 that the NSA’s bulk collection of domestic calling data is illegal. While such bulk data collection would strike many as blatantly unconstitutional, this matter has not been addressed, though that is perhaps just a matter of time. My intent is to address the general issue of bulk domestic data collection by the state in a principled way.
When it comes to the state (or, more accurately, the people who compose the state) using its compulsive force against its citizens, there are three main areas of concern: practicality, morality and legality. I will addressing this matter within the context of the state using its power to impose on the rights and liberties of the citizens for the purported purpose of protecting them. This is, of course, the stock problem of liberty versus security.
In the case of practicality, the main question is whether or not the law, policy or process is effective in achieving its goals. This, obviously, needs to be balanced against the practical costs in terms of such things as time and resources (such as money).
In the United States, this illegal bulk data collection has been going on for years. To date, there seems to be but one public claim of success involving the program, which certainly indicates that the program is not effective. When the cost of the program is considered, the level of failure is appalling.
In defense of the program, some proponents have claimed that there have been many successes, but these cannot be reported because they must be kept secret. In fairness, it is certainly worth considering that there have been such secret successes that must remain secret for security reasons. However, this defense can easily be countered.
In order to accept this alleged secret evidence, those making the claim that it exists would need to be trustworthy. However, those making the claim have a vested interest in this matter, which certainly lowers their credibility. To use an analogy, if I was receiving huge sums of money for a special teaching program and could only show one success, but said there were many secret successes, you would certainly be wise to be skeptical of my claims. There is also the fact that thanks to Snowden, it is known that the people involved have no compunctions about lying about this matter, which certainly lowers their credibility.
One obvious solution would be for credible, trusted people with security clearance to be provided with the secret evidence. These people could then speak in defense of the bulk data collection without mentioning the secret specifics. Of course, given that everyone knows about the bulk data collection, it is not clear what relevant secrets could remain that the public simply cannot know about (except, perhaps, the secret that the program does not work).
Given the available evidence, the reasonable conclusion is that the bulk data collection is ineffective. While it is possible that there is some secret evidence, there is no compelling reason to believe this claim, given the lack of credibility on the part of those making this claim. This alone would suffice as grounds for ceasing this wasteful and ineffective approach.
In the case of morality, there are two main stock approaches. The first is a utilitarian approach in which the harms of achieving the security are weighed against the benefits provided by the security. The basic idea is that the state is warranted in infringing on the rights and liberties of the citizens on the condition that the imposition is outweighed by the wellbeing gained by the citizens—either in terms of positive gains or harms avoided. This principle applies beyond matters of security. For example, people justify such things as government mandated health care and limits on soda sizes on the same grounds that others justify domestic spying: these things are supposed to protect citizens.
Bulk data collection is, obviously enough, an imposition on the moral right to privacy—though it could be argued that this harm is fairly minimal. There are, of course, also the practical costs in terms of resources that could be used elsewhere, such as in health care or other security programs. Weighing the one alleged success against these costs, it seems evident that the bulk data collection is immoral on utilitarian grounds—it does not do enough good to outweigh its moral cost.
Another stock approach to such matters is to forgo utilitarianism and argue the ethics in another manner, such as appealing to rights. In the case of bulk data collection, it can be argued that it violates the right to privacy and is thus wrong—its success or failure in practical terms is irrelevant. In the United States people often argue this way when it comes to gun rights—the right outweighs utilitarian considerations about the well-being of the public.
Rights are, of course, not absolute—everyone knows the example of how the right to free expression does not warrant slander or yelling “fire” in a crowded theater when there is no fire. So, it could be argued that the right of privacy can be imposed upon. Many stock arguments exist to justify such impositions and these typical rest either on utilitarian arguments or arguments showing that the right to privacy does not apply. For example, it is commonly argued that criminals lack a right to privacy in regards to their wicked deeds—that is, there is no moral right to secrecy in order to conceal immoral deeds. While these arguments can be used to morally justify collecting data from specific suspects, they do not seem to justify bulk data collection—unless it can be shown that all Americans have forfeited their right to privacy.
It would thus seem that the bulk data collection cannot be justified on moral grounds. As a general rule, I favor the view that there is a presumption in favor of the citizen: the state needs a moral justification to impose on the citizen and it should not be assumed the state has a right to act unless the citizen can prove differently. This is, obviously enough, analogous to the presumption of innocence in the American legal system.
In regards to the legality of the matter, the specific law in question has been addressed. In terms of bulk data collection in general, the answer seems quite obvious. While I am obviously not a constitutional scholar, bulk data collection seems to be a clear and egregious violation of the 4th Amendment: “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”
The easy and obvious counter is to point out that I, as I said, am not a constitutional scholar or even a lawyer. As such, my assessment of the 4th Amendment is lacking the needed professional authority. This is, of course, true—which is why this matter needs to be addressed by the Supreme Court.
In sum, there seems to be no practical, moral or legal justification for such bulk data collection by the state and hence it should not be permitted. This is my position as a philosopher and the 2016 Uncandidate.
The recent midterm election was marked by numerous Republican victories, so apparently the voters believed that the solution to Republican obstructionism in congress was to elect more Republicans. That should work well. Interestingly, the Republican leadership has asserted how they want to get work done and expressed their willingness to work with Obama. Of course, they also warned him about “poisoning the well” by striking off on his own in regards to immigration reform. I am not sure which well Boehner is referring to; perhaps it is that poison well that has been filling up since 2008.
I am, of course, a Democrat. But, my political views are based on ethical arguments rather than ideology and I took the crushing defeat of the Democratic party in stride. Which is fortunate, because someone had to be in good enough shape to console my friends who are devoted Democrats.
While I would have preferred a Democratic victory, I was reasonably sure what the outcome would be. While some might point to the vast sums spent by Republican backers, one must also point to the vast sums spent by Democratic backers. While some might point to voter suppression, one must also point to voter self-suppression. That is, voters simply deciding not to vote despite it being easy and convenient (in most states you can get a mail-in ballot with almost no effort).
While I do not discuss my own politics in class nor encourage students to support any particular candidate, I do discuss voting in general. While some students have been enthusiastic about voting, most express the same enthusiasm for voting as they do for class (that is, very little). Not surprisingly, students express many of the same reasons as other voters for their apathy. One reason is the belief that elections are settled in the shadows by those with the money and political influence–that is, that elections are essentially shams. The second reason is that people often find the candidates for both parties unappealing and regard them both as politicians who will just serve the interest of whoever paid for their campaign. For example, many folks saw the election in Florida as a matter of picking between the lesser evils. The majority of those who voted, voted for Rick Scott. A third reason is sort of a vague and general apathy about politics that seems fueled by the negative ads and the toxicity of American politics. That is, politics is seen as nasty and awful and people would rather think about something else.
This apathy seems to be widespread. Voter turnout on 11/4/2014 was about 44% (exact numbers vary). The worst turnout was apparently 36% for a state and the best was about 60% (which was my home state of Maine). Many elections were close (Scott beat Crist 48% to 47%) so many winners were elected by a minority of voters (but a majority of those who actually voted).
The stock view presented by the pundits is that the Democrats are hurt the most by low turnout, primarily because the solid supporters of the Republicans (old white folks) vote reliably. In contrast, many of those who would probably vote Democrat if they voted, are unreliable and generally do not turn out for midterm elections. Sadly, many of these people still complain very loudly about the results of the election they did not participate in. While they obviously do have the legal right to complain and perhaps even a moral right, they should probably either vote or shut up.
Those who like conspiracy theories do like to claim that the Republicans have long been engaged in manufacturing voter apathy among the key demographics of the Democrats (the young, minorities, and women). People who like the facts do like to point out that gerrymandering has all but locked in most incumbents and that the Republicans have been masters of this.
The cynical view is, of course, that even if this is all true, the Republicans have proven better at politics than the Democrats, at least for now. If the Democrats want to win, they will need to figure out what the Republicans have been doing right and what they have been doing wrong and work out a strategy.
Oddly enough, I am inclined to favor the idea that a Democrat will win the presidential election in 2016. The trend in politics seems to be that people accumulate a negative view of the party in power (no doubt due partially to negativity bias-that the negative is given more weight than the positive) and then vote angry. Or apathetic. But, the Republicans might be able to ride the fall of Obama to victory in 2016.