Showing posts with label Rule of Law. Show all posts
Showing posts with label Rule of Law. Show all posts

Thursday, October 20, 2016

The Election is 'Rigged' He Said


Rummaging around on YouTube I came across a seven minute ‘splainer on Ludwig Wittgenstein. It’s quite interesting and even funny in places  https://www.youtube.com/watch?v=pQ33gAyhg2c To Vox it, Wittgenstein argued that if we got language right all of the other problems would fall in line.

Which brings me to the dispute of the moment, courtesy of Donald Trump, (of course), the claim that the election is rigged. Asked the question a couple of nights ago, George Will responded that Trump tended to jumble a great many things together but then seemed to support the accusation by citing the persistent refusal on the part of election officials to clean the voting rolls. It was a surprising answer from someone who as a conservative should be aware of the folly of trying to immanentize the electoral eschaton.

And here, pace Wittgenstein, a great deal of the inherent problem in this discussion is the imprecision in the term “rigged.” As Will is well aware baseball umpires have reputations for distinct strike zones. Some are likely to call as strikes pitches that are a little low, others to give the pitcher the benefit of the doubt on the outside or inside corner, and so on. The technology to call balls and strikes exists. By sticking with umpires are we to conclude that major league baseball is rigged?

America currently consists of 435 congressional districts, many more electoral units and conducts national, state, and local elections every two years. Human beings being human it would be absurd to believe that there aren’t irregularities, some intentional, in the election process.
When Donald Trump claims in October that the election is rigged this isn’t what he means or at least it’s reasonable to interpret him as saying something quite a bit more accusatory. Trump is at the very least happily implying that whatever the actual votes they (undefined of course) will find what is needed to declare him the loser. Trump isn’t saying that a couple of toes might rest on the scales, he’s saying the result is a foregone conclusion because the powers that be will never let him be president. His claim is that the election is Rigged not rigged.

One final point. A prominent actor in this plot to deny Trump the presidency is the media. This is pretty hilarious if you stop and think about it. That Hillary would be our next president was a fait accompli the minute Trump got the GOP nomination (I actually think the end date was earlier). To the extent the charge is valid, the chief conspirator was Roger Ailes and carried out by his band of renown at Fox News.

Monday, July 18, 2016

Government's Authority and the Comey Verdict on Clinton

Many have already commented on the contradictory announcement made by James Comey yesterday in regard to Hillary Clinton’s use of a private server for emails while Secretary of State. Having methodically documented Clinton’s carelessness and contravention of known policy and laws Comey whipsawed to a no charges should be brought conclusion. It seems to many that the operative aspect of "no prosecutor would bring this case" was that "this case" was against the presumptive Democrat nominee Hillary Clinton.

As the Comey announcement shuts the door on an actual indictment and as Clinton is unopposed by a credible Republican it isn’t perhaps too early to ask what this means for a Clinton presidency. And what I have in mind here is its perceived authority.

Authority as a constitutive element of governing is distinct from power, competency, and our agreement with what is done. However much one might disagree with Comey’s decision, no one should question that as Director of the FBI he was authorized to make it. And a joke on twitter that he was promised lands in Ohio, gets to the fact that only proof of corruption, a quid-pro-quo would compromise his authority.

Further, it seems clear that authority rests on belief, on myth. It is reminiscent of the Monty Python sketch where the Amazing Mystico and Janet constructed apartment towers via hypnosis. As long as the tenants believed in them they remained standing. The foundational myth of kingdoms was the divine right of kings passed down via heredity. For democracies it is that the people have a right to rule themselves and that this is properly accomplished through representatives.

In English history rebellions almost always (always?) included more than just a complaint of bad governance. There was also a question of the King or Queen’s authority to rule by calling into doubt that they were the rightful heir. The stories of the true heir dying at birth and being replaced are directed at authority and they parallel our own birther conspiracies.

Of course such questions need not be conspiratorial and democracies may be seen as target rich environments. Charges that the government is run by whites for whites, by fat cat capitalists, by the bourgeois are all to my understanding attacks on authority. They are making the claim that authority rests with "the people" but the actual government is in the hands of only a subset.

The question is how much Hillary Clinton, having dodged what seems a quite logical prosecutorial case, will be seen as an illegitimate President from the start of her tenure. And what is remarkable here is that the Democratic Party has proceeded on this path, not only acquiescing in her nomination but tipping the scales in her favor, when the essential facts of her private server use has been well documented for months.

The likely retort that this is comparable to George W Bush being elected despite the vote counting controversy in Florida simply won’t hold. In that instance we had an unforeseen occurrence in the general election, adjudicated through the Supreme Court, with a later confirmation that the right person was declared the winner in Florida. Quite a distance from the current situation where another nominee—Biden, Warren—would also almost certainly win, and carried out with determined malice aforethought.

Undoubtedly at the Democratic Convention and the inauguration we will hear a call to restore our confidence in government, to heal our divisions, and to come together as a people. With the probable exception of Donald Trump no one is worse positioned to accomplish this than Hillary Clinton. As to the foundational perception of authority, we are pressing our luck.