One way to approach the moral issue of whether transgender people should be able to choose their bathrooms is to consider the matter in utilitarian terms. This would involve weighing the harms inflicted by denying this choice against the harms inflicted by granting it. In a democracy, this approach seems to a reasonable one—at least if it is believed that a democratic state should aim at the general good of the people.
A utilitarian assessment of the bathroom choice issue leads to an obvious conclusion: bathroom choice should be granted. As I have argued in another essay, the two main arguments against bathroom choice fail in the face of due consideration and facts. One argument is that allowing bathroom choice would put people in danger. Since some states have already allowed bathroom choice, there is data about the danger presented by such choice. Currently, the evidence shows that there is no meaningful danger. As some wits enjoy pointing out, more Republican lawmakers have been arrested for bathroom misconduct than transgender people. As such, those worried about misdeeds in bathrooms should be focusing on that threat. The other argument is the privacy argument, which falls apart under analysis.
While those advancing these arguments might honestly believe in them, it might be suspected that the prime motivation for opposing bathroom choice is a dislike of transgender people—the “transgender people are icky argument.” This “argument” has no merit on the face of it, which is why it is not advanced as a reason by opponents of bathroom choice.
One stock problem with utilitarian arguments is that they can be used to justify the violation of rights. This problem typically arises in cases in which the benefits received by a numerical majority come at the expense of harms done to a numerical minority. However, it can also arise in cases where the greater benefits to a numerical minority outweigh the lesser harms to a numerical majority. In the case at hand, those opposed to bathroom choice could argue that even if bathroom choice benefits transgender people far more than it harms people who oppose bathroom choice, the rights of anti-choice people are being violated. This then makes the matter a question of competing rights.
In the case of public bathroom facilities, such as student bathrooms at schools, members of the public have the right to use them—that is the nature of public goods. There are, however, reasonable limits placed on access. For example, people are generally not allowed to just wander off the street into schools to use the facilities. Likewise, the bathrooms in courthouses and government buildings are generally not open to anyone to wander off the street and use. So, there is a right to public bathrooms—but, like all rights, it does have its limits. It can thus be assumed that transgender people have bathroom rights as do people who oppose bathroom choice. What is in dispute is whether the right of transgender people to choose their bathroom trumps the right of anti-choice people to not be forced to use bathrooms with transgender people.
Disputes over competing rights are often settled by utilitarian considerations, but the utilitarian argument already favors bathroom choice. As such, another approach is needed and a reasonable one is the consideration of which right has priority. This approach assumes that there is a hierarchy of rights and that one right can take precedent over another. Fortunately, this is intuitively appealing. For example, while people have a right to free expression, the right to not be unjustly harmed trumps it—which is why libel and slander are not protected by this right.
So, the bathroom issue comes down to this: does the right of a transgender person to choose their bathroom have priority over the right of an anti-choice person to not encounter transgender people in the bathroom? My inclination is that the right of the transgender person has priority over the anti-choice person. To support this, I will use an analogy to race.
Not so long ago, there were separate bathrooms for black and white people. When the bathrooms were to be integrated, there were dire warnings that terrible things would occur if bathrooms were integrated. Obviously enough, these terrible things did not take place. Whites could also have argued that they had a right to not be in the same bathroom as blacks. However, the alleged white right to not be in a bathroom with blacks does not seem to trump the right of blacks to use the bathroom. Likewise, the right of transgender people to choose their bathroom trumps the right of anti-choice people to exclude them.
It can be objected that if this argument is taken to its logical conclusion, then gender mixing will occur in the bathrooms. For example, one common sight at road races (such as 5Ks and marathons) are long lines leading to the women’s bathrooms and short lines (or no lines) for the men’s bathrooms. Women runners, desperate to lighten their load, might start going into the men’s room (they already sometimes do). Then terrible things might happen. Specifically, I might need to wait longer to pee before races. This is a case where my selfishness must outweigh my moral principles: though I have no moral objection to gender mixing of bathrooms, my selfish bladder says that I cannot give up my right to a shorter line. This makes me a bad person, but a bad person with a happy bladder. Yes, this is satire. Maybe.
Trump’s ongoing success has created quite a disturbance in the Republican establishment. While some have merely expressed opposition to him, there is a growing “never Trump” movement. While this movement is currently focused on preventing Trump from becoming the candidate by supporting his few remaining opponents, there has been some talk of putting forth a third party candidate.
Third party candidates are nothing new in the United States. Ralph Nader made a bid on the left for president and Ross Perot made an attempt on the libertarian side. The main impact of these attempts was to pull voters from one party and enable the other party to win. For example, Ralph Nader helped defeat Al Gore. As such, the most likely effect of a conservative third party candidate running against Trump and Hillary would be a victory for Hillary. Given that the main concern of most political partisans is the victory of their party, it might be wondered why a third party option would even be considered.
One reason is that of principle. In the case of Nader and Perot, their supporters believed in them and supported them—even though it should have been obvious that doing so would not result in a victory and would, in fact, help someone they ideologically opposed reach the White House. In the case of Trump, there are those who oppose him as a matter of principle. Some oppose his apparent racism and bigotry while others contend that he is not a true conservative in regards to fiscal and social matters. As such, people would most likely be voting for the third party candidate because he is not Trump and not Hillary rather than because of who he is.
While politics is seen mainly as a matter of pragmatic power seeking, a moral case can be made for a Republican to vote for a third party candidate on the basis of principle rather than for Trump or for Hillary. If Trump and Hillary are both regarded as roughly equal in evil and the person wishes to vote, then voting for either would be wrong from that person’s perspective. After all, voting for a person makes one responsible (albeit to a tiny degree) for the consequences of their being in power. Voting for a third party candidate the person either supports or regards as the least evil of the lot would thus be the best option in terms of principle. If the person regards one of the two main candidates as the greatest evil, then the person should vote for the lesser evil that is likely to win, as I argued in an earlier essay.
A second reason to run a third party candidate is a matter of damage control. The predictions are that while Trump is winning the largest fraction of the minority of Republican voters who vote in primaries he will have a negative impact on voter turnout. While the third party strategy concedes that Trump will lose the general election, the hope is that a third party alternative who is popular enough will get people to vote. This, it is hoped, will help the Republicans do well on other parts of the ticket, such as elections for senators and representatives. As such, there is an excellent pragmatic reason to run a third party option to Trump—to reduce the chance that the never Trump voters will simply stay home to Netflix and chill on election day.
While this strategy might have some short term benefits to Republicans, running a third party candidate against the official Republican candidate would make the chasm in the party official—it would presumably be the potential beginning of the end of the party, splitting the establishment from a very active part of the base. This could, of course, be a good thing—the Republican Party seems to have been fragmenting for quite some time and the establishment has drifted away from much of the common folk.
A third reason to run a third party candidate is to hope for a Hail Mary. There is some talk that a third party candidate could cash in on the never Trump and Hillary Haters to create a situation in which there is no winner of the election. In such a situation, the House would pick the president and the Senate would select the vice-president. Since the Republicans control the House and Senate, the result would mostly likely be that the third party Republican would be president.
While this is a longshot, it is not impossible. The likely result of such a power play would be to break apart the Republican party—those who support Trump already loath the establishment and this would probably distill that into hatred. But, looked at pragmatically, the game is about holding power for as long as one can—so the power players would probably be content to take the win on the grounds that the party was probably going to split anyway.
This election could see a truly historic event—the end of the Republican party as it currently exists and perhaps the rise of a new party or parties.
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.
“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 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.
As I write this in early October, Election Day in the United States is about a month away. While most Americans do not vote, there is still in question of how a voter should vote.
While I do have definite opinions about the candidates and issues on the current ballot in my part of Florida, this essay is not aimed at convincing you to vote as I did (via my mail-in ballot). Rather, my goal is to discuss how you should vote in general.
The answer to the question of how you should vote is easy: if you are rational, then you should vote in your self-interest. In the case of a specific candidate, you should vote for the candidate you believe will act in your self-interest. In the case of such things as ballot measures, you should vote for or against based on how you believe it will impact your self-interest. So, roughly put, you should vote for what is best for you.
While this is rather obvious advice, it does bring up two often overlooked concerns. The first is the matter of determining what is actually in your self-interest. The second is determining whether or not your voting decision is in your self-interest. In the case of a candidate, the concern is whether or not the candidate will act in your self-interest. In the case of things like ballot measures, the question is whether or not the measure will be advantageous to your interests or not.
It might be thought that a person just knows what is in her self-interest. Unfortunately, people can be wrong about this. In most cases people just assume that if they want or like something, then it is in their self-interest. But, what a person likes or wants need not be what is best for him. For example, a person might like the idea of cutting school funding without considering how it will impact her family. In contrast, what people do not want or dislike is assumed to be against their self-interest. Obviously, what a person dislikes or does not want might not be bad for her. For example, a person might dislike the idea of an increased minimum wage and vote against it without considering whether it would actually be in their self-interest or not. The take-away is that a person needs to look beyond what he likes or dislikes, wants or does not want in order to determine her actual self-interest.
It is natural to think that of what is in a person’s self interest in rather selfish terms. That is, in terms of what seems to benefit just the person without considering the interests of others. While this is one way to look at self-interest, it is worth considering what might seem to be in the person’s selfish interest could actually be against her self-interest. For example, a business owner might see paying taxes to fund public education as being against her self-interest because it seems to have no direct, selfish benefit to her. However, having educated fellow citizens would seem to be in her self-interest and even in her selfish interest. For example, having the state pay for the education of her workers is advantageous to her—even if she has to contribute a little. As another example, a person might see paying taxes for public health programs and medical aid to foreign countries as against her self-interest because she has her own medical coverage and does not travel to those countries. However, as has been shown with Ebola, public and even world health is in her interest—unless she lives in total isolation. As such, even the selfish should consider whether or not their selfishness in a matter is actually in their self-interest.
It is also worth considering a view of self-interest that is more altruistic. That is, that a person’s interest is not just in her individual advantages but also in the general good. For this sort of person, providing for the common defense and securing the general welfare would be in her self-interest because her self-interest goes beyond just her self.
So, a person should sort out her self-interest and consider that it might not just be a matter of what she likes, wants or sees as in her selfish advantage. The next step is to determine which candidate is most likely to act in her self-interest and which vote on a ballot measure is most likely to serve her self-interest.
Political candidates, obviously enough, try very hard to convince their target voters that they will act in their interest. Those backing ballot measures also do their best to convince voters that voting a certain way is in their self-interest.
However, the evidence is that politicians do not act in the interest of the majority of those who voted for them. Researchers at Princeton and Northwestern conducted a study, “Testing Theories of American Politics: Elites, Interest Groups, and Average Citizens”, to determine whether or not politicians acted based on the preferences of the majority. The researchers examined about 1,800 policies and matched them against the preferences expressed by three classes: the average American (50th income percentile), the affluent American (the 90th percentile of income) and the large special interest groups.
The results are hardly surprising: “The central point that emerges from our research is that economic elites and organized groups representing business interests have substantial independent impacts on US government policy, while mass-based interest groups and average citizens have little or no independent influence.” This suggests that voters are rather poor at selecting candidates who will act in their interest (or perhaps that there are no candidates who will do so).
It can be countered that the study just shows that politicians generally act contrary to the preferences of the majority but not that they act contrary to their self-interest. After all, I made the point that what people want (prefer) might not be what is in their self-interest. But, on the face of it, unless what is in the interest of the majority is that the affluent get their way, then it seems that the politicians voters choose generally do not act in the best interest of the voters. This would indicate that voters should pick different candidates.
Presumably in response to the secrecy of the Bush administration, Obama made the promise that his administration would be transparent. Those who have Obama derangement syndrome claim that Obama is a Communist while those with a milder form of the affliction claim that he is a Socialist. His secret Free Trade Agreement seems to take a hammer to his own claim and the fearful fantasies of his foes.
While some information about the Free Trade Agreement has been leaked, there was considerable effort to keep its details hidden from not only the voters but also the Congress of the United States. Conveniently enough, some of the top corporations were in the know and presumably involved in laying out the details of the agreement.
Not surprisingly, this agreement seems to be incredibly beneficial to multinational corporations at the expense of sovereign nations and their citizens. For example, the agreement seems to include provisions that allow corporations to sue sovereign states if their laws (such as environmental laws against fracking in certain areas) would impede their profits. These lawsuits would apparently be brought in an international court with authority over sovereign states.
As might be imagined, some of the folks on the left (including people who are real communists and socialists) find this agreement to be of considerable concern. After all, it seems that it is tailored to grant corporations considerable advantages and to infringe on the usual rights of states.
Interestingly, this agreement should also bother many of the folks on the right. While there is obviously a strong pro-corporate camp among conservatives, there is also a strong element that has long been opposed to the notion of world-government and strongly opposed to the idea of the United States being subject to international courts. These people, if they are consistent, would presumably be as opposed to this agreement as they were to other proposals to limit American sovereignty.
That said, there does seem to be a difference between the past cases and the proposed agreement. In the past, those who opposed impositions on American sovereignty were generally imposing attempts to limit what the United States could do. For example, attempts to get the United States to accept internationally based limits in regards to environmental issues were strongly opposed. The rhetoric used included appeals to national sovereignty. Of course, this appeal to sovereignty was beneficial to corporations—they could exempt themselves from laws imposed by other nations behind the shield of United States sovereignty.
In contrast, the proposed agreement removes the shield of sovereignty in ways that are beneficial to the corporations. Obviously, it is rather useful to corporations to be able to hide behind the shield of a sovereign nation when they want to do things they would otherwise be prevented from doing and have that shield set aside when they want to do things to a sovereign nation.
It will be interesting to see how those who influence the conservative base will sell the proposed agreement to those they have long trained to cry out against world government and impositions on sovereignty. My guess is that they will make use of the magic words “free trade” and “free market” to sell the imposition on sovereignty. I also suspect they will make use of the notion that they have been pushing for quite some time, namely the idea that government is a bad thing.
Those who get the notion of consistency will, of course, note that the only consistent principle in use here is the idea that what is good for the profits of the few is good, whether what is good for profits defending national sovereignty in one case or ignoring that sovereignty in another.
After a defeat, it is natural for people to try to explain why they were defeated. In some cases, the explanation provided is aimed at doing what an explanation is supposed to do: to provide an illuminating account of how or why something occurred. In other cases, the explanation is aimed primarily at influencing peoples’ attitudes and behavior. Not surprisingly, an explanation that is aimed at achieving these goals is a rhetorical device known as a rhetorical explanation.
This is not to say that a rhetorical explanation need be in error—it could provide an accurate account of how or why something occurred. Being a rhetorical explanation is more a matter of intent—that is, those offering it do so at least in part to cause people to have a positive or negative feeling about a matter.
Back in 2012, the Republicans lost the presidential election and various people endeavored to explain how this happened. Some folks pointed to the demographics of America and how minorities played a critical role in the election. Others claimed that the media’s love for Obama handed him the victory. One of the more interesting explanations was that the Republicans lost because they were not conservative enough.
More recently, the Republicans lost on their bid to get the Democrats to agree to delay or defund Obamacare. After this defeat, various explanations have been offered and among them is the claim that it was the result of the Republicans not conservative enough. In this context, this seems to mean not being will to let the shutdown of the government slide into defaulting on the national debt.
On the face of it, presenting the claim that the Republicans lost because they were not conservative enough seems to be a rhetorical explanation. After all, it seems to be aimed (in part) at chastising the Republicans who are being accused of not being adequately conservative. As such, people are supposed to feel negatively about these Republicans. It also seems to be aimed (in part) at creating positive feelings towards the conservative Republicans—it is supposed to be believed that they had the winning approach (but were betrayed by the Republicans in Name Only). This explanation might prove to have some bite—many Republicans are taking pains to cast themselves as being very conservative and repudiating the charge that they might be moderates.
While rhetorical explanations such as this are often used to make other people feel a certain way (positively or negatively), people can also use them on themselves. Whether the explanation is inflicted on others or self-inflicted, the problem is that such appealing explanations can make it very easy for a person to buy into an explanation that is not correct, thus leading to obvious problems. As such, it is worth considering whether the explanation about these defeats is correct or not.
If the explanation for the 2012 election was correct, then the prediction that would follow would be that the Republicans would have won if they had been more conservative. In this case, winning is clear—Mitt Romney (or a more conservative Republican like Michelle Bachmann) would have been elected rather than Obama.
For this to happen, more people would have had to vote for the Republican than Obama. Since this did not happen, for the explanation at hand to be correct, there seem to be three main options (and perhaps others).
One is that some conservatives voted for Obama because Romney was not conservative enough. They would have, however, voted for someone who was conservative enough. It seems reasonable enough to dismiss this option out of hand on the grounds that such people would not vote for Obama. Thus, it seems rather implausible to think that a more conservative Republican would have pulled votes away from Obama.
A second one is that some conservatives voted for someone other than the two main candidates or wrote in someone else rather than voting for Romney, thus allowing Obama to win. This is more plausible than the first option, but is still fairly unlikely. That is, it does not seem likely that enough people to change the election voted in this manner because Romney was not conservative enough.
A third option is that some conservatives decided to not vote at all because they thought Romney was not conservative enough, thus allowing Obama to win. Of the three, this is the most plausible. Elections in the United States have a low turnout and it certainly is possible that some of those who did not vote would have voted if there had been a candidate that was conservative enough. These voters would thus seem to have preferred allowing Obama to win over voting for Romney, but this would assume that the voters were rationally considering the consequences of their failure to vote. It could be a simple matter of motivation—they were not inspired enough by Romney (or their dislike of Obama) to vote.
It is also worth considering that the explanation is in error because a more conservative Republican would have merely increased the votes for Obama. As noted above, a more conservative Republican would not have pulled votes from Obama. What seems more likely is that a more conservative Republican would have lost the more moderate voters who voted for Romney. As such, if the Republican candidate in 2012 had been “conservative enough” Obama would have either still won or would have still won with a larger number of votes. After all, most Americans are not extremely conservative and being “conservative enough” would seem to involve holding views that most Americans do not hold. Thus, the explanation seems to fail.
Jumping ahead to the most recent defeat, the matter is somewhat more complicated in that the victory conditions are not so clearly defined. At the start of the battle, the Republicans wanted to defund or delay Obamacare—that would have been a win. However, as the shutdown continued, the Republicans seemed to become less clear about what they wanted—especially when Obama made it clear that he was not going to negotiate Obamacare.
Interestingly enough, the shutdown was explained by some as being the fault of the Democrats and after the Republican defeat, the more conservative Republicans are using the narrative that they would have won if the Republicans had been conservative enough—thus creating dueling rhetorical explanations.
But, to get back to the main point, the victory conditions were not clear. However, it could be speculated that a win would involve the Republicans getting more of whatever they ended up wanted than the Democrats got of what they wanted. So, I will go with that.
There is also the question of what it meant to be conservative enough. Given the rhetoric, it seems that what this means is being willing to take the United States into default if one does not get what one wants. If so, the Republicans being conservative enough would not seem to have yielded a win—unless what they wanted was a default on the debt and the ensuing economic and political disaster. If this is what counts as a win, then being conservative enough would have led to that “win”—a win that almost everyone else would regard as a disaster.
Most Americans disapproved of what Congress was doing and most blamed the Republicans. Presumably if the Republicans had been more conservative, this would have merely made people more annoyed with them—after all, the view of most people was that what was going on was bad, not that it did not go far enough into this badness. As such, it would seem that the problem was not that the Republicans were not conservative enough. They lost because they had a poor strategy and most Americans did not like what they were doing. The solution is, obviously enough, not being more of that—the result will just be worse for the Republicans.
According to the Republicans, the initial motivation for the shutdown came from their desire to prevent the damage they alleged will be inflicted by Obamacare. It is thus rather ironic that their shutdown, as a matter of fact, cost the United States about $24 billion and slowed growth. It also harmed the government employees who were furloughed and the other Americans who were impacted directly by the shutdown. Naturally, it also impacted how we are perceived by the rest of the world. As such, the Republican strategy to protect America seems to have the exact opposite effect. Thus it is no wonder that while the majority of the public disapproves of the way the situation was handled, the Republicans are bearing the brunt of this disapproval.
One counter is to endeavor to lay the blame on the Democrats. Fox, for example, did its best to spin the story so that the Democrats were morally accountable for the shutdown. This does raise an interesting question about responsibility (and perceived responsibility).
In terms of the facts, the Republicans initially insisted that, on the pain of putting the government on the path to shutdown, Obamacare be delayed or defunded. Obama and the Democrats noted that Obamacare is a law and that it had been ruled constitutional by the Supreme Court. As such, they refused to negotiate the matter. Given that Obama had yielded in the past, the Republicans probably expected that he would yield once more. However, he did not and the shutdown went on until the brink of the default.
The facts would seem to show that the Republicans bear the moral blame for the shutdown. After all, the law was passed and upheld in accord with the constitutional process. That is, it was done by the proper rules. The Republicans partially shut down the government and threatened to take the country into default if they did not get what they wanted. Obviously enough, this sort of thing is not in accord with constitutional process. That is, the Republicans were not acting in accord with the proper rules and the Democrats refused to give in to them.
To use an analogy I have used before, this is like having the Red Sox beat the Yankees in a legitimate game and then having the Yankees threaten to burn down the stadium if the Red Sox refuse to negotiate the outcome of the game. If the Yankees then set the stadium on fire, it is not the fault of the Red Sox-they are under no obligation to yield to the unwarranted demands of the Yankees. The Yankees bear full blame for the burning of the stadium. As such, the Republicans bear the blame for the shutdown and the damage it caused. As a general rule, if someone threatens to do harm to others if he does not get what he wants, then the responsibility for the harm he inflicts rests on him and not on those who refuse to give him what he has no right to demand by means of a threat.
It could be countered that Obamacare is so bad, “the worst thing in our country since slavery”, that the Republicans were in the right to inflict such harms in order to try to stop it. It could even be argued that by passing such a wicked and destructive law the Democrats are to blame-the Republicans had to take such extreme measures in order to try to save America.
This, obviously enough, rests on establishing that the law is so wicked and destructive that such extreme measures are warranted. It would also involve showing that the damage done by the Republican strategy is outweighed by the harms that the strategy was supposed to prevent. This would most likely involve a utilitarian assessment of the harms and benefits.
The damage done by the Republican strategy is known: $24 billion in 16 days. Obamacare would certainly have to deal some serious damage in order to match that, but perhaps it can be shown that this will be the case. As it stands, there are only guesses about what the impact of Obamacare will be. There is plenty of rhetoric and hyperbole, but little in the way of disinterested, rational analysis. However, it does seem reasonable to believe that Obamacare will not be the worst thing since slavery (let alone as bad as slavery) and that it will not destroy America. After all, its main impacts will be that people without insurance will need to get some (or pay a small fine) and that large employers will need to provide insurance (or pay a small fine) or evade the law by cutting employee hours. Even if the worst case scenario is considered, it will hardly match the hyperbole. As such, Obamacare does not seem bad enough to warrant the Republican strategy.
To be fair, the Republicans might honestly believe that Obamacare is as bad as they claim. That is, they believe their own hyperbole and rhetoric. If this is true, they could be morally excused to the degree that they followed their informed consciences. However, if they are operating from willful ignorance or do not really believe their own hyperbole, then they would have behaved wrongly—both in their hyperbole and their actions based on this.
In any case, most Americans do blame the Republicans and this is one of the political impacts of the shutdown. Whether this has an effect on the upcoming elections remains to be seen—as many pundits have noted, voters often have a short memory. As with the alleged damage of Obamacare, we will have to wait and see.
As a final point, one ironic effect of the shutdown is that it gave the Democrats an amazing distraction from the real problems with the implementation of Obamacare. One legitimate concern is the fact that employers get a one year delay in implementing Obamacare while individuals have been denied this same option. This, on the face of it, is unfair and the main “defense” of this has been the use of the red herring and smokescreen, as I noted in an earlier essay. While the Republicans did initially want to delay Obamacare for a year, they handled this poorly and instead decided to go with hyperbole and a shutdown. What could have been a potential win for them turned into what seems to be a major loss. A second legitimate concern is the problems plaguing the sign up and implementation of Obamacare. While there were some attempts to raise criticism about these serious problems, the shutdown dominated the center ring of the political circus. Thus, what could have been a reasonable criticism of Obamacare was drowned out by the Republicans themselves. In the Game of Obamacare, you win or you die. The Republicans did not win.