The Power to Destroy (part 2)

May 26, 2024

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The antitax movement was encouraged by President Reagan’s partial success in cutting taxes. The antitax forces were also disappointed, but certainly not deterred, by his failure to reduce total federal spending or balance the budget. They continued to claim that cuts in tax rates could generate increases in tax revenue by encouraging saving, investment and economic growth. And if tax revenue did fall, that would eventually force government to rein in spending, whatever the cost to popular domestic programs.

Antitax warriors

Graetz’s book features three noteworthy figures who mobilized the antitax movement in the late 1980s and 1990s. They led the way in making tax-cutting the central mission of the Republican Party.

Grover Norquist founded Americans for Tax Reform and served as its first president. He had a radically hostile view of the federal government, often saying that he wanted “to get government down to the size where you can drown it in the bathtub.” As for taxes, he proclaimed, “There is no such thing as a just tax—it is a contradiction in terms. We just want the government to steal less of our money.” Apparently he thought that citizens owe their government nothing for whatever benefits they receive from it. In 1986, Norquist began urging politicians to sign a pledge that they would “oppose any and all efforts to increase the marginal income tax rates for individuals and for businesses…” Over the next few years, almost every Republican president, governor, Congressional representative and senator did.

Newt Gingrich was elected to the House in 1978 and served as Speaker from 1995 to 1999. He championed the most radical form of supply-side economics, claiming that tax cuts would actually increase federal revenue by stimulating growth. He did not hesitate to attack any president, even of his own Republican Party, who dared to raise taxes. He co-authored the “Contract with America,” the agenda Republicans ran on in 1994. It called for tax cuts, a balanced budget, and the requirement of a three-fifths majority to pass any future tax increases.

Rush Limbaugh was a talk-show host who became nationally syndicated in 1988. His antitax message was eventually heard on 650 radio stations and 200 TV stations. Graetz describes Limbaugh’s role in right-wing media as “the granddaddy of them all, untroubled by factual accuracy, often bigoted, feasting on outrage.”

“Read my lips”

In 1985, during Reagan’s second term, Congress passed the Balanced Budget and Emergency Deficit Control Act, also known as Gramm-Rudman-Hollings. It called for a phased reduction in the federal deficit until a balanced budget was achieved in 1990. (That date was later pushed back to 1993.) The bill mandated automatic spending cuts divided equally between defense and non-defense spending, if Congress failed to meet the annual targets on its own. At the end of the Reagan presidency, the Congressional Budget Office estimated that without tax increases, these cuts would have to be substantial, like a 42 percent cut in defense spending.

Nevertheless, Reagan’s successor, George H.W. Bush, ran with the campaign slogan, “Read my lips: No new taxes.” Two years into his presidency, over the vociferous objections of House Republicans like Gingrich, Bush bowed to necessity and signed the Omnibus Budget Reconciliation Act of 1990. This law raised the top income-tax rate from 28% to 31%. It also raised payroll taxes and taxes on gas, tobacco and alcohol.

When Bush was defeated for reelection in 1992, Republicans blamed his loss on his failure to keep his “no new taxes” pledge. They were determined not to make the same “mistake” again, regardless of the fiscal circumstances. No Republican president has agreed to a tax increase since.

Political polarization

When Bill Clinton took office in 1993, Democrats controlled Congress and the presidency for the first time since 1979. Clinton’s original hope had been to cut taxes for the middle class and increase some domestic spending, especially for his health-care initiative. He too was induced to shift his focus to deficit reduction. Federal Reserve Chair Alan Greenspan warned him that the government’s demand for loans to finance the deficit would eventually raise interest rates and hurt the economy. (For a less pessimistic view, see my summary of Stephanie Kelton’s The Deficit Myth, especially part 2.) Under Democratic leadership, Congress passed the Tax Reform Act of 1993, which reduced the deficit with a combination of tax increases and spending cuts. The top income-tax rate went up again, from 31% to 39.6%.

The Democrats suffered a major defeat in the 1994 midterms, losing the House for the first time in 40 years. Republicans ran on their Contract of America, which promised no tax increases. Newt Gingrich became Speaker of the House. The following year, House Republicans wrote much of their Contract with America into legislation. In addition to tax cuts, it included:

…a budget proposal to restructure and sharply limit Medicare and deeply cut Medicaid, welfare, job training, student loans, farm subsidies, and a host of other programs. It also proposed eliminating the commerce, education, and energy cabinet departments.

Clinton vetoed the Republican budget and stood by his more moderate plan. Republicans then shut down the government temporarily rather than pass the president’s budget. When public opinion turned against them, they finally gave in.

Clinton was reelected in 1996, but Republicans retained control of the House. In 1997, the two sides reached a compromise in which Republicans got some reductions in estate taxes and capital gains taxes (both mainly benefiting the wealthy), and Clinton got a $500 tax credit for families with low-to-middle incomes. In the following year, Republicans nearly succeeded in passing the Tax Code Termination Act, which called for ending all taxes except for payroll taxes. (It passed by 10 votes in the House but lost by one vote in the Senate.) The bill contained no plan for funding most of the government, given that payroll taxes normally go to fund Social Security, Medicare and Medicaid.

In the end, the tax breaks adopted in Clinton’s second term were not large enough to keep the government from achieving a balanced budget in 1998. Clinton’s moderate policy of combining tax increases with spending cuts had prevailed over the Republican agenda of radical tax cuts and draconian cuts in federal programs. For several years starting in 1998, the budget ran surpluses, but they were the last budget surpluses the country would see for a long time.

Continued


The Power to Destroy

May 24, 2024

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Michael J. Graetz. The Power to Destroy: How the Antitax Movement Hijacked America. Princeton: Princeton University Press, 2024

The title of this book comes from the classic statement by Chief Justice John Marshall in 1819, “The power to tax involves the power to destroy; the power to destroy may defeat and render useless the power to create.” Graetz ends his book by adding, “So, it turns out, does the power not to tax.”

Over the past half-century, advocates of low taxes have had some success in cutting taxes, especially taxes on high incomes and great wealth. Taxes in the United States are generally lower than taxes in other economically advanced democracies. “In 2021, counting state as well as federal taxes, U.S. taxes as a share of the economy were 7.5 percentage points lower than the average of the 38 OECD member countries.” Graetz is a tax lawyer, not an economist, so he describes the legislative and political accomplishments of the antitax movement more than he analyzes its economic consequences. Nevertheless, he is obviously skeptical that the benefits of low taxes outweigh the costs to society.

Sources of antitax sentiment

Graetz begins by saying that Americans have complained about taxes for a long time, but only since the late 1970s have so many joined together in an organized antitax movement. One reason for that is the unusual combination of income stagnation and inflation during that decade. Taxes were easier to tolerate when government seemed to be delivering strong economic growth without inflation. As times got tougher, the clamor for tax relief grew louder.

However, the reasons for antitax sentiment go deeper than that. Graetz argues that support for government programs to benefit the needy is lower in racially heterogeneous countries. The antitax movement was preceded by a time when the federal government was promoting civil rights legislation and funneling public money into a “war on poverty.” Since Blacks and Latinos were disproportionately poor, many whites felt that too many of their tax dollars were going to help people who were different from themselves, people who were often looked down upon. Southern whites especially left the Democratic Party in droves after it embraced civil rights. “The modern antitax movement rose and gained strength within the Republican Party alongside the party’s “Southern Strategy,” an electoral effort explicitly linked to racial division.”

Racial issues were also entwined with religion. Evangelical Christians were drawn to the antitax movement when the IRS was threatening to withdraw tax-exempt status from racially segregated religious schools. Republican activist Paul Weyrich, founder and first president of the Heritage Foundation, claimed that this issue enabled him to mobilize Christian conservatives more than abortion or school prayer. As president, Ronald Reagan sided with the churches against the IRS, saying that its effort to enforce racial integration “threatens the destruction of religious freedom itself.” He lost that battle when the Supreme Court ruled in favor of the IRS, but he won the hearts of many white Christians.

Another source of antitax sentiment was the increasing popularity of libertarian views, which were previously out of step with the pro-government sentiment of the New Deal and World War II era. The novels of Ayn Rand and the economic theories of Friedrich Hayek were dusted off and popularized. Their thinking celebrated the freedom to work and to enjoy the rewards of one’s own effort, not so much the obligation to support the collective good through government. Taxation was increasingly regarded as a threat to personal liberty and work incentive.

Many economists were turning away from Keynesian thought and rediscovering the glories of the unencumbered free market. Previously, economists had seen tax cuts as one tool that could stimulate a sluggish economy by increasing the demand for goods and services. But stimulating demand was not as clearly desirable when a sluggish economy was accompanied by double-digit inflation. Milton Friedman attracted attention and support by calling for tight monetary policy—high interest rates—to curb inflation. He also supported tax cuts, but for non-Keynesian reasons, to force government to cut spending and thereby reduce demand. In theory, cutting taxes would also give people more money to save and invest, which would stimulate the economy from the supply side, easing inflation. Cutting taxes for the wealthy should be especially effective, since they could afford to save and invest more.

The best-known supply-side economist was Arthur Laffer. He reasoned that if government taxes too little, it loses revenue. But if it taxes too much, it also loses revenue by discouraging people and businesses from producing as much as they could. There must be a happy medium, an optimal tax rate that produces the maximum revenue. Laffer always insisted that current tax rates were above the optimal rate, so that tax cuts would pay for themselves by actually increasing revenue. Few economists agreed, but Laffer’s argument became a major talking point in the antitax movement.

Graetz identifies three myths that motivated antitax crusaders:

(1) cutting taxes will increase government revenues, or, at the extreme, cutting taxes is the only way to raise government revenues; (2) lowering taxes will necessarily “starve the beast” by cutting government spending; and (3) reducing taxes at the top is the best way to grow the nation’s economy no matter the circumstances. These claims have been repeatedly debunked, but for more than four decades they have never disappeared from antitax advocates’ playbook.

One influential proponent of these ideas was The Wall Street Journal under the leadership of Robert Bartley.

Finally, the prospect of lower tax rates for the wealthy thrilled large political donors. They stood to gain the most from lower individual tax rates, lower corporate tax rates (which increased profits and shareholder dividends), lower capital gains rates (whenever they sold appreciated assets), and lower estate tax rates (when they left their fortunes to their heirs). Wealthy donors like Richard Mellon Scaife, Joseph Coors, and Charles Koch poured money into conservative think tanks like the Heritage Foundation and CATO Institute, which heavily promoted the antitax philosophy. “Money to organize meetings, produce favorable polls, generate supporting research by friendly experts, and contribute to political campaigns is more readily available to those who want to reduce their taxes than it is to their opponents.”

Proposition 13

The antitax movement began with a revolt against property taxes in California. The inflation of the 1970s had dramatically raised housing prices and property tax bills. But as with tax issues at the federal level, more was involved.

Property taxes financed public schools, but changing demographics and efforts to equalize spending across different kinds of districts undermined support for education funding. In the Los Angeles public schools, Black and Latino students were increasing in number, while many white students were leaving. In 1976, the California Supreme Court placed a limit on how much spending per pupil could vary from district to district across the state. The state legislature responded by redistributing some funds from wealthier districts to poorer ones.  Now richer homeowners could complain that their high property taxes were going to support someone else’s schools.

Proposition 13 was a referendum to amend the California state constitution in 1978. It called for limiting local property taxes to 1 percent of a property’s assessed value. It also required a two-thirds vote of the legislature to raise any state or local taxes. The amendment passed with most white voters supporting it and most black voters opposing it.

Graetz describes some of the results:

California ranked fourth among the states in per capita income, but after the enactment of Proposition 13, the state dropped to thirty-first in public school spending per child. Other services also suffered: community colleges, police departments, public hospitals and health programs, public works, local parks, and welfare and social services.

California was the first, but within the next four years, thirty-four other states cut property taxes too.

Reaganomics

The antitax movement soon targeted federal taxes. In the 1980 presidential election, Ronald Reagan campaigned on the promise that he could cut taxes, increase military spending, but still balance the federal budget by cutting other spending. President Reagan fulfilled the tax-cutting part of his promise with the Economic Recovery Act of 1981. This act immediately reduced the top bracket income tax rate from 70% to 50% and phased in cuts for lower brackets over the next two years. It created large tax savings for businesses and real estate investors by allowing them to deduct the cost of new investments more quickly. “New tax benefits for business were so generous that corporate tax receipts declined from about 15 percent to less than 9 percent of federal revenues.” The law provided additional benefits for the wealthy by cutting estate taxes and creating new ways for them to shelter income from taxation.

To assess the fiscal impact, I supplement the book with Federal Reserve Economic Data (FRED) from the Federal Reserve Bank of St. Louis. Between 1980 and 1983, federal receipts fell from 18.1 percent of GDP to 16.5 percent, while federal outlays rose from 20.7 percent of GDP to 22.2 percent. That means that the federal deficit rose from 2.6 percent of GDP to 5.7 percent, the highest since World War II.

The ink was hardly dry on the 1981 tax bill when pressure began to build in Congress for a change of direction. The Tax Equity and Fiscal Responsibility Act of 1982, which passed with bipartisan support, recouped some of the lost revenue by cracking down on underreported income. Reagan wasn’t happy, but he signed it in order to hold the deficit down.

The Tax Reform Act of 1986 also recovered some revenue by placing limits on tax shelters. But this time much of the gain in revenue was offset by another rate reduction for high earners. The bill replaced the many tax brackets ranging from 11 to 50 percent with just two rates, 15 and 28 percent. Taxpayers with high incomes got another windfall, while those with low incomes were protected from a tax hike by increases in the standard deduction and personal exemption.

By the end of Reagan’s administration, moderation of tax cutting and reductions in domestic spending brought the deficit down from 5.7 percent of GDP to 3.0 percent. Still, over the course of his eight years, “President Reagan added nearly twice as much to the federal debt as was accumulated during all of the presidencies that preceded him.” His tax cuts had neither paid for themselves nor forced equivalent cuts in spending.

In the 1980s, Congress still included many Republican moderates like Bob Dole, who were willing to raise taxes in order to keep the gap between receipts and outlays from growing too large. Over the next few years, positions would harden, so that Republicans united to resist any tax increases, regardless of economic or fiscal conditions.

Continued


The Fourth Turning Is Here (part 3)

February 1, 2024

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Neil Howe believes that today’s social turmoil is shaping up to be another once-in-a-lifetime Crisis, similar to the most dramatic turning points in American history. Although the current cultural and political divisions are part of his story, he is cautious about trying to say which side should or will win. He does not expect a total victory of either one. “In a democratic society, one tribe never fully dominates the other without incorporating key elements of the other’s program within its own.”

While I agree with that, I will strike a somewhat more partisan note. One thing that stood out for me as I read the historical parts of the book is that the three last “saecula”—Howe’s term for the long cycles of American history—have all culminated in victories for democracy. The Revolutionary Saeculum ended with the victory of democracy over monarchy and British colonialism. The Civil War Saeculum ended with the victory of democracy over slavery. The Great Power Saeculum ended with the victory of democracy over fascism. Democracy is always a work in progress, and none of these turning points perfected it. But I think we should at least hope that our current Millennial Saeculum leaves democracy stronger than ever before.

Today’s battle for democracy

If that is our hope, then the next question is which side in today’s political struggle better represents our democratic values and institutions. Once we pose the question that way, the answer seems obvious: Surely it is not the party dominated by Donald Trump and the MAGA movement.

Trump’s own autocratic tendencies are obvious to many observers. He places himself above the law, claiming immunity from prosecution for any acts committed as president. He expresses his admiration for dictators like Vladimir Putin and Viktor Orban. He wants to replace thousands of Civil Service employees with people selected less for their expertise than for their personal loyalty to him. Having failed to change the results of the 2020 election by legal means, he led an effort to resort to illegal means, with substantial support from both Republican leaders and the party base. The Mueller Report had already accused him of obstructing its investigation into Russian interference in the 2016 election. Now he continues to obstruct, delay and attack any court that tries to hold him accountable.

In addition to using undemocratic means to gain or maintain domestic power, MAGA Republicans have been impeding US support for democracy in the world. They are currently obstructing military aid to Ukraine as it defends itself against Russian invasion. They are less committed to international cooperation among democratic nations through NATO, the United Nations, and international agreements like the Paris Climate Accord. Their global stance is reminiscent of the isolationism that prevailed before the United States joined the war effort against Nazi Germany. As columnist Max Boot wrote this week:

Every president but one since Franklin D. Roosevelt has believed that the United States should exercise preeminent international influence for its own good and that of the world. Trump is the lone exception. He is committed to an “America First” agenda — the same label embraced by the Nazi sympathizers and isolationists of the pre-Pearl Harbor period. He has nothing but scorn for the twin pillars of postwar U.S. foreign policy: free-trade pacts and security alliances.

MAGA economic policies also seem more appropriate for an earlier, pre-Crisis time. They include propping up the private sector with additional tax cuts, while depriving the public sector of needed tax revenue and opposing public sector investments for the common good. In some cases, these policies are throwbacks to the previous Unraveling era, especially the 1920s. Then too, tariffs and trade wars hampered the global economy, and restrictive immigration laws tried to hold back the ethnic diversification of the population. Howe points out that since the American-born population is reproducing too slowly to replace itself, we depend on immigration to grow the population and boost the economy. Immigration is one area where compromise is needed, with some balance between facilitating legal immigration and blocking illegal immigration. Currently, Trump and his followers prefer chaos to compromise, in the hope that it will benefit them politically. In general, MAGA policies are less likely to leave the nation greater and stronger than poorer and weaker.

Framing the current Crisis as a crisis of democracy highlights the absurdity—but also the critical importance—of this year’s presidential campaign. One of our major parties is preparing to nominate the man who is least likely to uphold democratic institutions at home and abroad.

Where the generations will stand

Donald Trump is a member of the Boom generation, the generation of the Prophet type which is supposed to provide the moral leadership in a time of Crisis. But he is noted for neither his personal morality nor his civic virtue. Writers like Tim Alberta (The Kingdom, the Power and the Glory) have marveled that so many evangelical Christians have hitched their wagon to a leader who flouts so many moral norms. If Trump is a prophet at all, he is a false prophet or Prophet of Doom. His message is that the country is going rapidly to hell, and he alone can save us. Contrast that with FDR’s positive, hopeful message that we have nothing to fear if we all pull together.

Where are the progressive leaders of the Boom generation? Here’s an interesting fact: Both Republican Boomer presidents, George W. Bush and Donald Trump, lost the popular vote to their Democratic Boomer opponents—Al Gore in 2000 and Hillary Clinton in 2016. Both elections were controversial, since five Republican-appointed Supreme Court justices intervened in the 2000 election, and the Russians interfered with the 2016 election. While the presidency has been narrowly out of reach for them lately, Boomer Democrats do hold the position of Senate Majority Leader (Chuck Schumer) and governorships in fifteen states.

I do not know whether any particular Boomer will emerge as a “Gray Champion” like Franklin Roosevelt. I do expect aging Boomers to keep raising questions of values and ideals, trying to formulate broad goals for the nation. They will probably move from asserting individual values like self-expression, personal growth and sexual freedom; to placing more emphasis on civic virtues like voting rights, honest debate and the rule of law. Expect to hear a lot about democratic values being on the ballot in the upcoming election.

As members of Generation X assume their midlife leadership roles, they will bring a lot of practical skills to the collective tasks at hand. As an especially right-leaning generation thus far, they will need to ask serious questions about what values and goals they serve. Hopefully, Trump’s fall from power will soon be complete, either by electoral defeat, criminal conviction, removal from office, or ineligibility to run again. Having been slavishly devoted to its one strongman, the MAGA movement may then disintegrate. Many Generation Xers may then rethink their loyalties, turning from the politics of grievance and resentment to something more constructive. Alienated and lonely young men may then reconnect with their communities and learn how to fight for society instead of against it.

As members of the Millennial Generation complete their transition to adulthood, their first civic obligation will be to vote in large numbers. In later life, they will assume leadership during the High era that hopefully follows the current Crisis, as the G.I. Generation did after World War II. But for now, they will provide masses of followers for whatever leader can set the national agenda. The leader to inspire them will almost certainly be someone less selfish, narcissistic, and belligerent than Donald Trump. This generation craves teamwork, order, security, competence and civility. They are ready and willing to make sacrifices for causes they believe in. Although they are not currently wild about our aging Silent-Generation president, they are ready to join some team, and I don’t think the MAGA team will suit them.

When the national mood changes, it often changes with dizzying speed. Who predicted the emergence of a “counterculture” in the 1960s, the Reagan Revolution of the 1980s, the Global Financial Crisis of 2008, or the MAGA movement of 2016? We live in “interesting times,” in the words of the Chinese curse. Fasten your seatbelts, and prepare to be astonished at how fast the country can turn


Still the Party of Trump

February 15, 2021

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The United States Senate has voted to acquit Donald Trump of inciting an insurrection after the 2020 election. Seven Republicans joined all fifty Democrats in the most bipartisan vote for conviction in history, but it fell ten votes short of the needed two-thirds majority.

President Trump’s first impeachment was for abusing the power of his office to get himself reelected. He asked the government of Ukraine to open an investigation of Joe Biden in return for U.S. military assistance. Many Republicans acknowledged that the evidence supported the charge, but questioned whether the matter was serious enough to constitute “high crimes and misdemeanors.”

Now some Republican Senators, notably leader Mitch McConnell, are ignoring the evidence for a different reason, the claim that the Senate lacks jurisdiction over a president who has already left office. Most constitutional scholars say that it must have that jurisdiction, in order to hold a president accountable for offenses he commits in his final days in office and to bar him from seeking office again. McConnell is hardly the right person to raise this objection anyway, since he was the one who insisted on scheduling the trial for after the Inauguration in the first place. This is not McConnell’s first act of Machiavellian duplicity. He was also the one who insisted that an Obama Supreme Court appointment could not be considered in a president’s final year in office, but a Trump appointment could be considered in his final few weeks in office.

The real reason for acquittal has nothing to do with legal technicalities, and everything to do with the power of the pro-Trump faction in today’s Republican Party. Most Republican Senators could not bring themselves to convict him, no matter how egregious his conduct. For months Trump waged a campaign to convince his followers that only fraud could prevent his reelection, despite the fact that his approval rating had never reached 50% in four years. He actually convinced a majority of Republicans that he did win, without presenting any significant evidence of fraud. When he exhausted his legal means of contesting the election, he turned to illegal means, such as pressuring state officials to find him additional votes and pushing Vice President Pence to exceed his constitutional authority by refusing to accept the state results. Then Trump called his forces to the Capitol, not to stand on the periphery of the Capitol grounds to chant or pray while the votes were counted, but to “fight like hell” to “stop the steal.” And while the Capitol was being invaded, he not only refused to do anything to stop it, but poured fuel on the fire by tweeting that “Mike Pence didn’t have the courage to do what should have been done to protect our country and our Constitution.” How could any Senator fail to see this as inciting an insurrection? McConnell himself said, “Trump’s actions preceded the riot for disgraceful, disgraceful dereliction of duty. There’s no question that President Trump is practically and morally responsible for provoking the events of the day.”

What I have been arguing, especially in my last post, is that Trumpism is not just an aberration in Republican politics. It is the culmination of a disturbing transformation that has been going on for some time. One way to describe it is to say that the party has been transforming itself from the party of limited government to the party of hostility to government. The first is a healthy aspect of a two-party democracy. The second is a danger to democracy.

In America, free-market capitalism and democratic government grew up together and still need each other. Capitalism has been an engine of economic growth, but democracy has constrained its most inegalitarian tendencies. Unregulated capitalism allows the accumulation of vast wealth and power, which are too easily used to the detriment of workers and consumers. From time to time, democratic reforms such as antitrust laws and worker protections are enacted to keep the playing field reasonably level. While Republicans defend free-market capitalism against the threat of state socialism, Democrats defend democracy against the threat of plutocracy, the rule by a wealthy ownership class.

In this context, the presidency of Donald Trump, the authoritarian billionaire, has turned out to be dangerous to our democratic institutions. He has undermined respect not only for our election process, but for Congress, the legal system, federal agencies, the intelligence community, journalism and science. But his peculiar combination of plutocracy and populism has been too tempting for Republicans to resist. How can a plutocrat be a populist? Well, by co-opting a large segment of the working class who used to vote Democratic. By dividing the electorate along racial, ethnic and religious lines so that they vote their cultural identities and privileges instead of their economic interests. By blaming economic distress on foreigners, immigrants and minorities and trying to wall the country off from the world through border walls and high tariffs. By denying and ignoring real problems like climate change, the pandemic, the threat of technological change to existing jobs, and gross economic inequality. And by characterizing reasonable reforms as socialist threats to liberty.

Republicans were already pursuing such strategies before Trump took them to an extreme. He joined them in proposing tax cuts that were a huge gift to corporations and the wealthy, and that deprived government of revenue it needs to address pressing problems like the pandemic. Aside from that, his legislative agenda was mostly negative, opposing reforms such as Obamacare and efforts to combat climate change.

The debate over the Affordable Care Act is an excellent example of the coalescence of Republican and Trumpian interests. As Paul Krugman points out in Arguing with Zombies, it was actually a moderate measure that relied mainly on the private insurance market, as opposed to the single-payer systems of many other wealthy democracies. It required insurers to accept people with pre-existent conditions, but it also required healthy people to carry insurance. (Otherwise, insurers might have to raise premiums sky high as they insured the people with the greatest claims.) Then it subsidized premiums for low-income consumers and called on states to expand Medicaid for the poor. Krugman says that “Republicans hated Obamacare not because they expected it to fail, but because they feared that it would succeed, and thereby demonstrate that government actually can do things to make people’s lives better.” They never came up with a more conservative way of covering everyone, so they resorted to a campaign of deception, calling the ACA a government takeover of medical care and claiming that government “death panels” were going to decide who lived and who died. Trump then took the deception to a higher level. He claimed that he had his own plan to cover preexisting conditions at much lower cost, and that he would present it in a few weeks. He was still saying that four years later.

The Trump presidency has suited a Republican Party that prefers obstruction to governance and deception to truth. Krugman says that it no longer contributes very much to democratic policy debate, which requires both sides to acknowledge demonstrable facts and seek solutions in good faith. Supported by right-wing media propaganda campaigns, Republicans have created a monster within their own base, a mob of misinformed anti-government extremists who now pose a threat to democracy. Republican leaders like McConnell might prefer not to live with them, but they cannot seem to live without them either. What remains to be seen is whether the pro-Trump majority and the anti-Trump minority can live with each other within the same political party, or if that party comes apart at the seams.


A Perfect Storm for Democracy

September 25, 2020

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In my previous post, I expressed my concern that a deliberate slowdown of mail delivery by the US Postal Service could interfere with the integrity of our presidential election. Now that I’ve read “The Election That Could Break America,” Barton Gellman’s cover story in The Atlantic, I think I may have understated the problem. The shenanigans at the Post Office may only be the tip of the iceberg of efforts to thwart the will of the voters.

Consider how the following factors may come together:

  • a traditional pattern in which low turnout tends to favor Republicans
  • an ongoing Republican effort in many states to make it harder for people to vote
  • an autocratic president who will not accept an election result as valid unless he wins
  • a pandemic that discourages in-person voting, especially among voters who take the virus seriously
  • a clear preference for mail-in ballots among Democrats
  • an attack by the President and his Attorney General on mail-in ballots

This week, President Trump refused to commit himself to a peaceful transition of power, saying:

Well, we’re going to have to see what happens. You know that I’ve been complaining very strongly about the ballots and the ballots are a disaster…. Get rid of the ballots, and you’ll have a very—we’ll have a very peaceful—there won’t be a transfer, frankly. There’ll be a continuation.

Some commentators have wondered if Trump might refuse to leave the White House even if he loses. Gellman believes that’s the wrong question, and I agree. The much more likely scenario is that Republicans prevent a clear Biden victory by interfering with the voting process or the counting of mail-in ballots. Gellman describes what’s been going on already:

Republicans and their allies have litigated scores of cases in the name of preventing fraud in this year’s election. State by state, they have sought—with some success—to purge voter rolls, tighten rules on provisional votes, uphold voter-­identification requirements, ban the use of ballot drop boxes, reduce eligibility to vote by mail, discard mail-in ballots with technical flaws, and outlaw the counting of ballots that are postmarked by Election Day but arrive afterward. The intent and effect is to throw away votes in large numbers.

And that’s just the beginning. Gellman also describes the plan to resume and expand election-day activities that a court ruled improper after the gubernatorial election of 1981.

According to the district court’s opinion in Democratic National Committee v. Republican National Committee, the RNC allegedly tried to intimidate voters by hiring off-duty law-enforcement officers as members of a “National Ballot Security Task Force,” some of them armed and carrying two-way radios. According to the plaintiffs, they stopped and questioned voters in minority neighborhoods, blocked voters from entering the polls, forcibly restrained poll workers, challenged people’s eligibility to vote, warned of criminal charges for casting an illegal ballot, and generally did their best to frighten voters away from the polls.

Since then, the RNC has been under a consent decree requiring them to get advance approval for any such operations, but that has now expired. Trump’s deputy campaign manager, Justin Clark, has been recorded as hailing that expiration as a “huge, huge, huge, huge deal,” and promising a much larger operation with 50,000 poll monitors in 15 contested states.

If the election is close, any delay in counting mail-in votes could produce the appearance of a Trump victory on election night—a so-called “red mirage”—followed by a very slow movement toward Biden in the following days—a “blue shift.” We already saw something like that in Florida in 2018, when Republican candidates Ron DeSantis and Rick Scott saw their election-night leads shrink over the following days. Trump tweeted that the mail-in ballots were fraudulent and should be disregarded. Gellman quotes a legal advisor to the Trump campaign promising a similar situation on a national scale this time: “There will be a count on election night; that count will shift over time, and the results when the final count is given will be challenged as being inaccurate, fraudulent—pick your word.”

Unfortunately, there are many ways of making your mail-in ballot vulnerable to rejection: You have moved recently; you used a slightly different version of your name; your signature doesn’t match closely enough; you signed on the wrong line; or you failed to use the inner security envelope. Challenges and lawsuits, legitimate or frivolous, could affect what votes get counted. If the process in a swing state is dragging on as December 14 approaches—the day the Electoral College votes—the outcome could be settled by a court ruling as it was in 2000, or by a state legislature. If the mail-in ballot becomes the “hanging chad” of 2020, the voters may not have the final say.

Trump has already said that he expects mail-in voter fraud (of which there is hardly any evidence) to force the Supreme Court to intervene, which is one reason he wants to fill the vacancy on the court before the election. And under the Constitution, states can select electors any way they want, so a state legislature could use claims of fraud—or just electoral confusion—as an excuse to legislate their preferred outcome. Republicans control the legislatures in the crucial battleground states of Florida, Arizona, North Carolina, Wisconsin, Michigan and Pennsylvania. Republican leaders in Pennsylvania are already discussing that strategy.

Another possible scenario is that a state ends up with two rival slates of electors, one believed to be elected and the other selected by the legislature. The Constitution says that the President of the US Senate, that is, Vice President Pence, counts the ballots of the Electoral College, so he would get a large role in deciding his own re-election. Another scenario is that neither candidate wins 270 electoral votes, and the House of Representatives chooses the President. But since each state delegation only gets one vote, a small red state like Wyoming would count as much as a big blue state like California, another advantage for Trump. In some scenarios even Congress could not determine who the real president is, in which case Trump might win again because of the Supreme Court.

We have never had a president so openly contemptuous of our democratic institutions and norms. That makes this election especially crucial for preserving them, but it also makes this election especially vulnerable to their violation. That is all the more true because the Republican Party is now the party of Trump, enabling his undemocratic impulses for their own gain. They are using each other, and they deserve each other. But the rest of us deserve better.

In the end, elections come down to numbers. The larger the vote margin for the majority’s choice, the harder it will be for a minority to thwart the will of the people by getting votes discounted. We must all do our best to make ours count.