Don’t Celebrate Yet Virginia

I recently renewed my Virginia citizenship after a lapse of 18 years. It’s great to be back in the Old Dominion, especially given the prospect of a Republican governor and a Republican House of Delegates come January. There’s also a good chance that next year’s Senate elections will give the GOP complete control of the Virginia legislature.

Gratifying as the resurgence of Virginia’s GOP may be, I’m not ready to declare Virginia’s return to Red-ness.  For one thing, there’s an underlying trend toward Blue-ness, which shows up in Virginia’s presidential election results:


Derived from Dave Leip’s Atlas of U.S. Presidential Elections. The series for Virginia begins with the gubernatorial election of 1949,which is the earliest for which Leip as posted popular-vote tallies.

The GOP’s edge in the presidential election peaked in 1968, the year of George Wallace, who (in the South) siphoned votes from the Democrat candidate. If 1968 doesn’t suit as a peak year, because of the Wallace effect, then the peak certainly occurred in 1984, with the re-election of Ronald Reagan. In either case, the GOP candidate’s share of Virginia’s presidential vote has been in decline for decades, and seems unlikely to recover unless there is a nationwide shift away from the Democrat party. Such a shift might occur, given the Dems’ suicide pact with the far-left, but cooler heads may yet prevail among party leaders.

It’s true that the downswing in the GOP’s hold on Virginia’s governorship hasn’t been as pronounced — which supports Tip O’Neill’s observation that all politics are local. But the GOP’s edge in the past has been much greater than the razor-thin victory eked out by Glenn Youngkin in the recent election.

Nor is that victory especially impressive when the swing toward the GOP in 2021 is compared with earlier swings:


Source: Leip’s Atlas.

What probably happened in the 2021 election is what seems to have been happening since the early 1970s. The Virginia gubernatorial election reflects a typical “mid-term” reaction to the previous year’s presidential election. When the GOP presidential candidate racks up a gain relative to the showing of the GOP candidate four years earlier (a positive “swing”), the GOP gubernatorial candidate racks up a loss relative to the showing of the GOP candidate four years earlier (a negative “swing”). And conversely.

So, I won’t count the GOP’s Virginia chickens until they hatch. But, in the meantime, I will savor the (hope of) restoration of some sanity to Virginia’s politics.

Irrational Exuberance

It’s everywhere, but most notably in the stock market and in election returns.

In the stock market, as exemplified by the S&P 500 index, there have been wild swings in the price-earnings ratio:


Derived from Robert Shiller’s data set. CAPE-10 is the cyclically adjusted price/earnings ratio, where the cyclical adjustment amounts to a 10 year average of the ratio.

In a world where stock buyers weren’t driven by irrational exuberance — and irrational pessimism — the PE ratio would follow something like a straight line. It might be a rising straight line because, as some analysts have noted, stock buyers have acquired an increasingly greater tolerance for risk-taking. But it would be close to a straight line.

The zigs and zags of the stock market are echoed in the outcomes of presidential elections:


Derived from Dave Leip’s Atlas of U.S. Presidential Elections.

To put it bluntly, almost every American who values his liberty and prosperity would in most elections have preferred the Republican candidate as the lesser of two evils. The success of Democrats testifies to the gullibility of many voters, who are swayed by — among other things — asymmetrical ideological warfare:

Leftists have the advantage of saying the kinds of things that people like to hear, especially when it comes to promising “free” stuff and visions of social perfection….

[L]eftists have another advantage: they’re ruthless. Unlike true conservatives (not Trumpsters) and most libertarians, leftists can be ruthless, unto vicious. They pull no punches; they call people names; they skirt the law — and violate it — to get what they want (e.g., Obama’s various “executive actions”); they use the law and the media to go after their ideological opponents; and on and on.

Why the difference between leftists and true conservatives? Leftists want to rearrange the world to fit their idea of perfection. They have it all figured out, and dissent from the master plan will not be tolerated. (This is very Hitleresque and Stalinesque.) Conservatives and libertarians want people to figure out for themselves how to arrange the world within the roomy confines of simple morality (don’t cheat, don’t steal, don’t murder, etc.).

The left’s ruthlessness was in full spate last year, when the election was bought and probably stolen as well.

In the same post (published on July 23, 2016), my prescience was on display:

If Trump wins in November — a very big “if” — it should be an object lesson to true conservatives and libertarians. Take the gloves off and don brass knuckles. This isn’t a contest for hockey’s Lady Byng Trophy. To change the sports metaphor, we’re in the late rounds of a brutal fight, and well behind on points. It’s time to go for the knockout.

The good news is that recent elections reflect the effects of political polarization. The swings have become less pronounced because the electorate’s “squishy center” has shrunk. The challenge before the GOP is to convince what remains of the “squishy center” that it is in their best interest to reject the anti-libertarian and anti-prosperity policies of the Democrat Party, which has become nothing more than a mouthpiece for an (anti) American brand of Hitlerism and Stalinism.

Liberty vs. Security

An esteemed correspondent makes some good points in the following message (which I have edited lightly):

Our country is in more dire straits than it has been at any time in my lifetime [he is 85]. Maybe not as bad as when a Vice-President shot and killed a former Secretary of the Treasury or when there was an armed insurrection and each faction tried to take the other’s seat-of-government by force. I think our current divisions and divisiveness are detrimental to the continuation of the “greatest nation the world has ever known”; and I don’t think they can be fixed.

Liberty and security pull in opposite directions. More of one, less of the other. History and common-sense tells us that is so.

I’d like to start with Benjamin Franklin’s saying that is often misinterpreted. He said that our form of government is a republic, if you can keep it. That has been misinterpreted, repeatedly and emphatically by the current speaker-of-the-house to mean that Franklin was warning against a strong executive emulating a monarch. I think he was warning against the opposite, which he had witnessed in France. He also was fearful of our becoming a pure democracy with a people’s parliament becoming a law unto itself. This is similar to the tradeoffs between liberty and security. Either extreme is undesirable.

The geniuses who designed our government provided a number of checks and balances to try to keep things sort of in the middle. We are a federated democratic republic, not a democracy as is so often misstated. The Framers of the Constitution designed a government, but they neglected to explain the relationship of the government to those that were being governed. It took the first ten amendments to the Constitution to make that explicit. Those ten amendments delineate the limits that the federal government has over individuals. The 14th amendment essentially extends that to state governments. I especially like the tenth amendment. It is simply worded and says in plain English, any rights and authorities not specifically given to the federal government in this document belong to the people and/or the states.

Two constitutional issues were settled by the Civil War: slavery was no longer legal anywhere; and secondly, it was not permissible for states to secede from the union. It took later amendments to confirm that Blacks were not property; they are human beings with all rights of other human beings. Unfortunately that didn’t sit well with many Americans and we are still trying to sort out that issue in practice.

I don’t think that our current problems can be solved by appealing to the consent of the governed to be governed, namely by voting. Nor do I think secession (breakup) is feasible.

Voting: A significant fraction of those that voted in the November 2020 election think the the “results” are not honest. You can dismiss that view, but it is necessary to have a buy-in to the results of an election to have an election that conveys the consent of the governed. To me it is beside the point whether there is any evidence of “stealing an election” or not. There were enough irregularities that a demagogue can and did stir up doubts. Elections need to appear incorruptible, and today they are not. Could that be fixed? Not in our polarized society.

Furthermore, and this is more important, there isn’t balanced news coverage leading up to our elections or in analyzing the results. When there is overwhelming bias in the media, or there is no fair representation of both sides of the coin, we don’t have an environment for fair elections. Today one political party and the media are indistinguishable. The “media” is totally biased and deceitful in reporting “facts”. Remember Hamilton and Jefferson, who were arch political enemies. Each funded media that parroted his version of “truth”. But there were two sides. Add to the mix today’s “social media”, controlled by those favoring security over liberty. So the voices of liberty over security are relegated to fringe “nuts”. [The last bit is a gross error on the writer’s part, unless the millions who take my position on the matter are all on the fringe.]

Maybe even more importantly and indicative of a long-term fundamental change in America is the influence of “educators”. Uniformly, from those teaching young minds to the teachers of those teachers, in the formulators of “correct” history they favor security at the expense of liberty and are militant about spreading the “gospel”. They are children of the 1970s. Many grew up at a college their parents paid for and they didn’t have to work when they got out of college. They didn’t have any useful skills and of course the remedy for that is the old saying, “Those who can’t do, teach”.

So I don’t think there is any chance of “voting” to obtain the consent of the governed for their government is achievable. The influences wielded by the media and the educational system can’t be alleviated. There is only one perspective instead of a balance between liberty and security. I have avoided using the words liberal or conservative, or republican or democrat. I think that liberty and security are the two concepts that should be discussed more often as the heart of the country’s differences.

Secession: The possibility of secession, peaceful of not, was foreclosed by the Civil War. Since then the entanglements between the federal entity, the state entities, and the states themselves rule out out any practical solution those bindings.

Bottom Line: We’ll muck around for quite some time until it is realized that our system with all its faults is better than any feasible alternative. If and when it happens, I’ll be long gone.

I responded at length, in two epistles. Here’s the first one:

Your analysis of the present situation in the U.S. is spot-on. And, as you say, it’s not going to get any better on its own. There really are two Americas and they are irreconcilable. There are a lot of Americans — me included — who will not stand for “mucking around” that legitimates the present state of affairs or its ultimate destination: an imperial central government that is beholden to and effectively run by ultra-rich oligarchs and their lackeys and enablers in the bureaucracies, public schools, universities, information-technology companies, and media.

As for secession, the Civil War settled nothing — Justice Scalia to the contrary notwithstanding — except to underscore the fact that the North was able to muster superior forces thanks to its larger (free) population and industrial strength. If you have the time, read my analysis of the Court’s infamous ruling in Texas v. White, on which Scalia founded his baseless dictum: https://politicsandprosperity.com/constitution-myths-and-realities/. Scroll down to Section VI.F. for the bottom line about the legality of secession.

I also discuss in another section the practicality of secession or, rather, its impracticality. But there is another way to skin the cat. It is the nullification of federal edicts by the States. I refer to a new kind of nullification, which — unlike the kind attempted by South Carolina in the early 1830s — doesn’t involve formal declarations by State legislatures and governors. Rather, it involves non-compliance, acts of defiance, and foot-dragging. We saw some of that during Trump’s years, as States and cities declared themselves “sanctuaries” for illegal immigrants and refused to cooperate with ICE. We are beginning to see it from the other side as GOP-controlled States bring suit after suit against various federal actions (e.g., Keystone pipeline, Biden’s immigration fiasco), and GOP-controlled cities and counties declare themselves pro-life and gun-rights “sanctuaries”. This could be the wave of the future, with effective diminution of the central government through non-compliance with federal edicts. Federal courts have no power to enforce the edicts, and must rely on the federal government for enforcement. How many brushfires can the federal government put out? Would it resort to force against a state? I don’t know the answers, but it’s not clear that the federal government will come out on top, especially if it tries to enforce things that are wildly unpopular in some States and regions, such as abortion, strict gun-control measures, vaccine passports, or (the coming big thing) climate lockdowns.

So, unlike the earlier secession and its violent conclusion, there could be a non-violent kind of secession. It wouldn’t involve the formal breakup of the U.S., just a new modus vivendi between the States and the central government. Or, rather, a return to the modus vivendi that was intended by the Framers, enshrined in the 10th amendment, and then frittered away by the central government’s “mission creep”.

There is another, complementary, possibility. It is that Americans in the center turn their backs on the radical direction the country seems to be taking. (Resistance to CRT is a good case in point.) If enough of them do it, the GOP will retake Congress. And if in 2024 the GOP were to nominate someone more like Reagan than Trump, the Democrats could be kept out of power for a while — at least until they come to their senses. In the meantime, the Supreme Court could, without fear of being packed, make some libertarian rulings. A key one would be to find that Big Tech is s state actor (because of its immunity under section 230 of the Communications Decency Act), and therefore acts illegally when it censors views on the pretext that they are “hate speech” or “anti-science”, etc. In the way of the world, such an electoral and judicial turn of events could trigger a “cascade” in the direction opposite the one in which the country has been heading. And so, the “mucking around” might come to a better end than the one foreseen by you.

Here’s the second one:

A further thought about the tension between liberty and security.

It is really a tension between left and right, which is a deep psychological divide, as I discuss here: https://politicsandprosperity.com/2018/05/03/can-left-and-right-be-reconciled/. (The missing figure, which I will have to reconstruct, is derived from polling results that support the point made in the text.)

A point that I don’t make explicitly, but which should be obvious, is that compromise invites further compromise, to the detriment of liberty. The ransomware attacks, for instance, wouldn’t be happening if the U.S. hadn’t long ago abandoned the principle of unconditional surrender by the enemy. The track record of the U.S. government since the Korean War invites aggression. China and Russia know that and are playing the long game while Biden is tilting at global-warming windmills and (overtly and tacitly) endorsing a leftist agenda that will drive the U.S. economy to its knees while ensuring that the U.S. remains irreconcilably divided.

The end result of “mucking around” may well be not the kind of “social democracy” that keeps Eurpeoans fat, dumb, and happy. It may well be something far worse than that. You have been warned.

And I have been among the warning voices for many years.


Related reading on polarization: John Sexton, “The CRT Backlash and Progressives’ Big Lie about the Culture War“, Hot Air, July 8, 2021

Where It All Went Wrong

When the usual suspects were rioting, looting, and destroying their own habitat last summer (and many previous summers), did you wonder what happened to the Riot Act? Said act, in its original (British) form, provides that

if any persons to the number of twelve or more, being unlawfully, riotously, and tumultuously assembled together, to the disturbance of the publick peace, at any time after the last day of July in the year of our Lord one thousand seven hundred and fifteen, and being required or commanded by any one or more justice or justices of the peace, or by the sheriff of the county, or his under-sheriff, or by the mayor, bailiff or bailiffs, or other head-officer, or justice of the peace of any city or town corporate, where such assembly shall be, by proclamation to be made in the King’s name, in the form herin after directed, to disperse themselves, and peaceably to depart to their habitations, or to their lawful business, shall, to the number of twelve or more (notwithstanding such proclamation made) unlawfully, riotously, and tumultuously remain or continue together by the space of one hour after such command or request made by proclamation, that then such continuing together to the number of twelve or more, after such command or request made by proclamation, shall be adjudged felony without benefit of clergy, and the offenders therein shall be adjudged felons, and shall suffer death as in a case of felony without benefit of clergy.

Would that it were so in these times.

But it isn’t so because the sob-sisters, bleeding-hearts and weeping-willies — who have always been with us — have for centuries (if not millennia) chipped away at the protections that keep the bad guys more or less in line. They have likewise chipped away at standards of performance.

The effective abolition of the death penalty in this country is just the tip of the melting iceberg of punishment.

Awards for showing up are symptomatic of the erosion of standards.

The two phenomena have been conjoined in the left’s treatment of law-enforcement. There are too many felons running loose because pre-felonious crimes aren’t punished harshly enough (a failure that is often justified by the demographic characteristics of offenders); felonies aren’t punished harshly enough; paroles are too easily granted; police (those who are still on the force) are increasingly edgy about “mistreating” suspects who resist arrest; and affirmative action has ensured that law-enforcers are no longer as strong or quick-witted as they were in the past.

What did happen to the Riot Act (British version)? This:

The death penalty created by sections one, four and five of the act was reduced to transportation for life by section one of the Punishment of Offences Act 1837.

The Riot Act eventually drifted into disuse. The last time it was definitely read in England was in Birkenhead, Cheshire, on 3 August 1919, during the second police strike, when large numbers of police officers from Birkenhead, Liverpool and Bootle joined the strike. Troops were called in to deal with the rioting and looting that had begun, and a magistrate read out the Riot Act. None of the rioters subsequently faced the charge of a statutory felony. Earlier in the same year, at the battle of George Square on 31 January, in Glasgow, the city’s sheriff was in the process of reading the Riot Act to a crowd of 20-25,000 – when the sheet of paper he was reading from was ripped out of his hands by one of the rioters.

The last time it was read in the Scotland was by the deputy town clerk James Gildea in Airdrie in 1971

The act was repealed on 18 July 1973 for the United Kingdom by the Statute Law (Repeals) Act 1973, by which time riot was no longer punishable by death.

There is still a riot act in the United States, and it is sometimes used. Its use by President Trump during the Antifa-BLM riots of 2020 provoked the usual reactions: “Trump is a racist.” “Trump is Hitler.” And the left’s allies in the media simply refused to acknowledge the riots or, when they couldn’t be tossed down the memory hole, insisted on referring to them as “protests” (“mostly peaceful”, of course).

But the history of the Riot Act in Britain, which died from disuse long before it died officially, tells the sad tale of how sob-sisters, bleeding-hearts, and weeping-willies — and leftists — have undermined the rule of law and made the world a less-civilized and less-safe place for the vast majority of its denizens.

None of this would have happened if God had smitten Adam and Eve for their transgression. Perhaps that’s where it all went wrong.

Seriously, though, it all went wrong in the way that most good things go bad. Just a little tweak here to make someone happier and a little tweak there to make someone else happier, and the next thing you know: the think is all tweaked out of shape. It’s like making a mountain out of a molehill: a shovelful at a time over a long period of time will do the trick.


Related posts: Most of the posts listed here.

Trump: Symbol of Resentment?

Thomas Edsall of The New York Times (unsurprisingly) endorses an essay by William Galston, “The Bitter Heartland”. Galston, according to Edsall,

captures the forces at work in the lives of many of Trump’s most loyal backers:

Resentment is one of the most powerful forces in human life. Unleashing it is like splitting the atom; it creates enormous energy, which can lead to more honest discussions and long-delayed redress of grievances. It can also undermine personal relationships — and political regimes. Because its destructive potential is so great, it must be faced.

Recent decades, Galston continues, “have witnessed the growth of a potent new locus of right-wing resentment at the intersection of race, culture, class, and geography” — difficult for “those outside its orbit to understand.”

They — “social conservatives and white Christians” — have what Galston calls a “bill of particulars” against political and cultural liberalism. I am going to quote from it at length because Galston’s rendering of this bill of particulars is on target.

  • “They have a sense of displacement in a country they once dominated. Immigrants, minorities, non-Christians, even atheists have taken center stage, forcing them to the margins of American life.”

  • “They believe we have a powerful desire for moral coercion. We tell them how to behave — and, worse, how to think. When they complain, we accuse them of racism and xenophobia. How, they ask, did standing up for the traditional family become racism? When did transgender bathrooms become a civil right?”

  • “They believe we hold them in contempt.”

  • “Finally, they think we are hypocrites. We claim to support free speech — until someone says something we don’t like. We claim to oppose violence — unless it serves a cause we approve of. We claim to defend the Constitution — except for the Second Amendment. We support tolerance, inclusion, and social justice — except for people like them.”

So far, so good. The four bullet points are right on; that is, they are not only true of “social conservatives and white Christians”, but they are also true of the proponents of what Edsall calls “political and cultural liberalism”. But, as the characterizations of the latter reveal, they are not liberal in the true meaning of the word. It is therefore meet and just for “social conservatives and white Christians” to resent political and cultural fascists — for that is what they are.

But there’s a lot more to it. Our home-grown fascisti are not just resented, but also rightly feared and vehemently opposed by conservatives, regardless of their socioeconomic status or religious views. And that is why Trump still has a grip on hordes of Americans.

Despite Trump’s lack of fiscal and rhetorical discipline, he was more than talk when it came to restoring conservative governance to America.

  • Exhibit A is his record of judicial appointments — in sheer numbers and in conservative judicial philosophy. (Why else would the Democrats have been so fierce in their opposition, not only to Supreme Courts picks but also to many lower-court picks?)
  • Exhibit B: Trump did more than any president since World War II to roll back the administrative state (See “Presidents as Regulators: From Ike to the Donald“. Truman isn’t included because the database is incomplete, but his regime was heavy-handed.)
  • Exhibit C: Defense spending, which was on the decline under Obama, turned around under Trump. (Many conservatives oppose “endless war”, but most conservatives prefer preparedness and the ability to defend the nation in case a “real war” comes along.)
  • Exhibit D: Trump’s pro-life agenda.

I could add a lot to that list, but it seems like more than enough to make the case that allegiance to Trump signals more than mere resentment. It signals alignment with his deeply conservative agenda.

There is also the not insignificant fact that Trump — unlike the Bushes, McCain, and Romney — wasn’t an “establishment” Republican who cozies up to Democrats or a “maverick” prone to betraying those who voted for him.

Trump was true to his base and true to his campaign promises. That’s integrity — a rare commodity in electoral politics. Trump’s supporters are discerning enough to recognize it when they see it, and to reject faux conservatives like Romney.

Playing with Numbers

Stephen Moore asks a rhetorical question in “Why Did Biden’s Census Bureau Add 2.5 Million Residents to Blue-State Population Count?”. The obvious answer is: To reduce the loss of House seats to Red States, as Moore says:

The original projections for Census reapportionment had New York losing two seats, Rhode Island losing a seat, and Illinois perhaps losing two seats. Instead, New York and Illinois only lost one seat, and Rhode Island lost no seats. Meanwhile, Texas was expected to gain three seats, Florida two seats, and Arizona one seat. Instead, Texas gained only two seats, Florida only one, and Arizona none.

Was the Census Bureau count rigged? Was it manipulated by the Biden team to hand more seats to the Democrats and to get more money—federal spending is often allocated based on population—for the blue states?

The evidence is now only circumstantial, but when errors or revisions are almost all only in one direction, the alarm bells appropriately go off.

The same was true of Election 2020. There is ample evidence that the election was stolen from Trump and handed to Biden by chicanery in at least five States: Arizona, Georgia, Michigan, Pennsylvania, and Wisconsin.

But did the courts give a hoot? No, they looked the other way. And the same thing will happen when the Census Bureau’s fudged figures are challenged.

Democrats have a near-lock on electoral fraud. And (to change the metaphor) they need it because their “wokeness” is  is swimming against the tide of popular opinion.

Biden: Not Knocking Their Socks Off

It comes as no surprise that Biden isn’t enjoying a post-inaugural “honeymoon” with the mass of voters. It is evident that he is intent on screwing them with higher taxes, higher energy prices, and special treatment of illegal immigrants, blacks, and gender-confused persons.

Compare and contrast Biden’s performance relative to the performances of Obama and Trump according to a measure that I devised in the early days of Obama’s presidency. I call it the enthusiasm ratio, which I derive from the Daily Presidential Tracking Poll, published by Rasmussen Reports. It is the number of likely voters expressing strong approval as a percentage of the number of likely voters expressing either approval or disapproval. That is, the ratio omits likely voters who express neither approval nor disapproval, and focuses on strong approval rather than mere approval.

Here’s the comparison:

Trump’s slow start can be chalked up to the phony Trump-Russia scandal and the incessant flow of negative stories about “chaos” in the Trump White House, both of which plagued his first months in office. Despite that slow start, Trump’s support then became — and remained — much stronger than Obama’s. It remained stronger even during the pandemic panic and the bizarre post-election months, when Trump was roasted for daring to assert (correctly, I believe) that the election was stolen from him.

Biden’s early returns are as weak as Trump’s, but the lack of enthusiasm for Biden is self-inflicted, not media-generated.

A 100-Day Scorecard

On January 6, 2021, in “Here We Go … “, I essayed 17 predictions about changes Democrats would attempt to consolidate their grip on America and make it over into a European-style “social democracy” with the added feature of subservience to China and Russia. As I said in the original post, not every item on the list will be adopted, but it won’t be for want of trying.

How are my predictions panning out? Quite well, sadly.

Judge for yourself. Here they are:

1. Abolition of the Senate filibuster.

2. An increase of at least two seats on the U.S. Supreme Court (USSC), though there may be some vacancies to be filled.

3. Adoption of an interstate compact by states controlling a total of at least 270 electoral votes, committing each member state’s electoral votes to the presidential candidate who compiles the most popular votes nationwide, regardless of the outcome of the popular vote in each state that is a party to the compact. (This may seem unnecessary if Biden wins, but it will be a bit of insurance against the possibility of a Republican victor in a future election.)

4. Statehood for either the District of Columbia or Puerto Rico, or for both of them. (Each would then have two senators and a requisite number of representatives with full voting privileges in their respective bodies. All of them will be Democrats, of course.)

5. Empowerment of the executive branch to do at least three of the following things:

a. Regulate personal and business activity (in new ways) with the expressed aim of reducing CO2 emissions.

b. Commit at least $500 billion in new obligational authority for research into and/or funding of methods of reducing and mitigating CO2 emissions.

c. Issue new kinds of tax rebates and credits to persons/households and businesses that spend money on any item on a list of programs/technologies that are supposed to reduce CO2 emissions.

d. Impose tax penalties on persons/households and businesses for their failure to spend money on any item in the list mentioned above (shades of the Obamacare tax penalty).

e. Impose penalties on persons/households and businesses for failing to adhere to prescribed caps on CO2 emissions.

f. Establish a cap-and-trade program for CO2 emissions (to soften the blow of the previous item). (Needless to say, the overall effect of such initiatives would deal a devastating blow to economic activity – meaning massive job losses and lower real incomes for large swaths of the populace.)

6. Authorization for an agency or agencies of the federal government to define and penalize written or spoken utterances that the agency or agencies declare “unprotected” by the First Amendment, and to require media enforcement of bans on “unprotected” utterances and prosecution of violators (e.g., here). (This can be accomplished by cynically adopting the supportable position that the First Amendment protects only political speech. The purported aim would be to curb so-called hate speech, but when censorship is in full swing — which would take only a few years — it will be illegal to criticize or question, even by implication, such things as illegal immigration, same-sex marriage, transgenderism, anthropogenic global warming, the confiscation of firearms, or the policies of the federal government. Violations will be enforced by fines and prison sentences — the latter sometimes called “sensitivity training”, “citizenship education”, or some other euphemistic term. Candidates for public office will be prime targets of the enforcers, which will suppress open discussion of such matters.)

7. Imposition of requirements for organizations of all kinds — businesses, universities, charitable organizations, clubs, and even churches — to favor anyone who isn’t a straight, white male of European descent. (The “protections” will be enacted, upheld, and enforced vigorously by federal agencies, regardless of their adverse economic and social effects.)

8. Effective nullification of the Second Amendment through orders/regulations/legislation, to enable gun confiscation (though there will be exemptions for private security services used by favored elites).

9. Use of law-enforcement agencies to enforce “hate speech” bans, mandates for reverse discrimination, and gun-confiscation edicts. (These things will happen regardless of the consequences; e.g., a rising crime rate, greater violence against whites and Asians, and flight from the cities and near-in suburbs. The latter will be futile, anyway, because suburban and exurban police departments will also be co-opted.)

10. Criminalization of “sexual misconduct”, as it is defined by the alleged victim, de facto if not de jure. (Investigations and prosecutions will be selective, and aimed mainly at straight, white males of European descent and dissidents who openly criticize this and other measures listed here.)

11. Parallel treatment for the “crimes” of racism, anti-Islamism, nativism, and genderism. (This will be in addition to the measures discussed in #7.)

12. Centralization in the federal government of complete control of all health care and health-care related products and services, such as drug research, accompanied by “Medicare and Medicaid for All” mandates. (Private health care will be forbidden or strictly limited, though — Soviet-style — there will be exceptions for high officials and other favored persons. Drug research – and medical research, generally – will dwindle in quality and quantity. There will be fewer doctors and nurses who are willing to work in a regimented system. The resulting health-care catastrophe that befalls most of the populace will be shrugged off as necessary to ensure equality of treatment, while ignoring the special treatment accorded favored elites.)

13. Revitalization of the regulatory regime (which already imposes a deadweight loss of 10 percent of GDP). A quantitative measure of revitalization is an increase in the number of new rules published annually in the Federal Register by at least 10 percent above the average for 2017-2020.

14. Proposals for at least least two of the following tax-related initiatives:

a. Reversal of the tax-rate cuts enacted during Trump’s administration.

b. Increases in marginal tax rates for the top 2 or 3 income brackets.

c. Imposition of new taxes on wealth.

15. Dramatic enlargement of domestic welfare programs. Specifically, in addition to the creation of “Medicare and Medicaid for All” programs, there would be a “fix” for Social Security that mandates the payment of full benefits in the future, regardless of the status of the Social Security Trust Fund (which will probably be abolished). (Initiatives discussed in #5, #7, #9, #10, #11, #12, #13, #14, and #15 would suppress investment in business formation and expansion, and would disincentivize professional education and training, not to mention work itself. All of that would combine to push the real rate of economic growth toward a negative value.)

16. Reduction of the defense budget by at least 25 percent, in constant dollars, by 2031 or sooner. (Eventually, the armed forces will be maintained mainly for the purpose of suppressing domestic uprisings. Russia and China will emerge as superpowers, but won’t threaten the U.S. militarily as long as the U.S. government acquiesces in their increasing dominance and plays by their economic rules.)

17. Legalization of all immigration from south of the border, and the granting of citizenship to new immigrants and the illegals who came before them. (The right to vote, of course, is the right that Democrats most dearly want to bestow because most of the newly-minted citizens can be counted on to vote for Democrats. The permanent Democrat majority will ensure permanent Democrat control of the White House and both houses of Congress.)


If you’re keeping up with the news, you will know that almost all of those actions are underway or clearly telegraphed by official statements. It’s hard to chosse the most chilling of those statements, but the one that clearly reveals Biden’s totalitarian urge is his campaign against “white supremacy as domestic terrorism”. This will morph into the suppression of anyone who dares question the doctrine that blacks are where they are because of white racism, and not because of their generally inferior intelligence and cultural traits, or anyone who questions the justice of racial discrimination when it favors blacks. Stay tuned.

Biden: Off to a Bad Start with Voters

It comes as no surprise to me (and to many others) that Biden isn’t enjoying a post-inaugural “honeymoon” with the mass of voters. Though it can be said that he seems intent on screwing them with higher taxes, higher energy prices, and privileges for identity groups.

Compare and contrast Biden’s performance in the Daily Presidential Tracking Poll published by Rasmussen Reports. Specifically, compare and contrast Biden’s performance relative to the performances of Obama and Trump according to a measure that I devised back in the early days of Obama’s presidency. I call it the enthusiasm ratio. It is the number of likely voters expressing strong approval as a percentage of the number of likely voters expressing either approval or disapproval (that is, it ignores likely voters who express neither approval nor disapproval).

Here’s the comparison:

What’s noteworthy about the graph, aside from Biden’s slow start, is Trump’s dominance over Obama after the first ten months of their respective presidencies. It should cast some (additional) doubt on the official outcome of the 2020 election.

Trump’s Popularity: A Summing Up

For most of his term as president, Donald Trump was more popular than Barack Obama was at the same points during Obama’s presidency:

That Trump failed of re-election can be chalked up to a combination of four things: fraud, a determined effort by Democrats to get out the vote, anti-Trump enthusiasm, and the decline in Trump’s popularity during the fourth year of his presidency. Even the resurgence between weeks 183 and 196 (due mainly to the Hunter Biden affair) couldn’t save him.

Will Trump remain influential within the Republican Party? Will he form a third party? If he does, will it be self-sustaining or will it fade away like Ross Perot’s party and the Tea Party movement?

Stay tuned….

How Are Americans Really Reacting to the Election?

Forget the Democrat-media propaganda about “no evidence” of election fraud. Forget the trumped up (pun) charges of incitement to riot. Forget the selective condemnation of the mostly white mob that stormed the Capitol, after years of failure to condemn mostly black mobs that looted and burned cities across the land.

Forget all of that and look at what likely voters think about the state of the union.

Likely voters (polled by Rasmussen Reports) have become much more pessimistic about the country’s direction since the election, that is, since Biden’s stolen victory. Following a steep decline in the mood of the country during the months of pandemic panic, the mood began to lift as Trump began to close the gap with Biden. The peak at week 197 of Trump’s presidency came a week before the election of 2020. The ensuing decline suggests that likely voters, despite the assurances of “establishment” Republicans and the Democrats’ media allies, know what’s coming at them — and it ain’t pretty.

Here We Go …

Down the tubes. It is almost certain that the Democrat candidates will be declared the winners of Georgia two Senate seats. The Senate will then be divided 50-50, and control will pass to the Democrats because VP Harris will cast deciding votes in the case of ties.

This won’t be the first time that Democrats have controlled Congress and the White House, but this Democrat Party isn’t your grandfather’s party, or your father’s party. It isn’t even the party that was led by Barack Obama, who was (and is) an ardent advocate of government control. Today’s party is filled with Obamas and politicians who make the Obamas seem moderate.

What, exactly, happens now (or as soon as Democrats get organized)? The follow list is borrowed from an earlier post. Not every item on the list will be adopted, but it won’t be for want of trying.

1. Abolition of the Senate filibuster.

2. An increase of at least two seats on the U.S. Supreme Court (USSC), though there may be some vacancies to be filled.

3. Adoption of an interstate compact by states controlling a total of at least 270 electoral votes, committing each member state’s electoral votes to the presidential candidate who compiles the most popular votes nationwide, regardless of the outcome of the popular vote in each state that is a party to the compact. (This may seem unnecessary if Biden wins, but it will be a bit of insurance against the possibility of a Republican victor in a future election.)

4. Statehood for either the District of Columbia or Puerto Rico, or for both of them. (Each would then have two senators and a requisite number of representatives with full voting privileges in their respective bodies. All of them will be Democrats, of course.)

5. Empowerment of the executive branch to do at least three of the following things:

a. Regulate personal and business activity (in new ways) with the expressed aim of reducing CO2 emissions.

b. Commit at least $500 billion in new obligational authority for research into and/or funding of methods of reducing and mitigating CO2 emissions.

c. Issue new kinds of tax rebates and credits to persons/households and businesses that spend money on any item on a list of programs/technologies that are supposed to reduce CO2 emissions.

d. Impose tax penalties on persons/households and businesses for their failure to spend money on any item in the list mentioned above (shades of the Obamacare tax penalty).

e. Impose penalties on persons/households and businesses for failing to adhere to prescribed caps on CO2 emissions.

f. Establishment of a cap-and-trade program for CO2 emissions (to soften the blow of the previous item). (Needless to say, the overall effect of such initiatives would deal a devastating blow to economic activity – meaning massive job losses and lower real incomes for large swaths of the populace.)

6. Authorization for an agency or agencies of the federal government to define and penalize written or spoken utterances that the agency or agencies declare “unprotected” by the First Amendment, and to require media enforcement of bans on “unprotected” utterances and prosecution of violators (e.g., here). (This can be accomplished by cynically adopting the supportable position that the First Amendment protects only political speech. The purported aim would be to curb so-called hate speech, but when censorship is in full swing — which would take only a few years — it will be illegal to criticize or question, even by implication, such things as illegal immigration, same-sex marriage, transgenderism, anthropogenic global warming, the confiscation of firearms, or the policies of the federal government. Violations will be enforced by fines and prison sentences — the latter sometimes called “sensitivity training”, “citizenship education”, or some other euphemistic term. Candidates for public office will be prime targets of the enforcers, which will suppress open discussion of such matters.)

7. Imposition of requirements for organizations of all kinds — businesses, universities, charitable organizations, clubs, and even churches — to favor anyone who isn’t a straight, white male of European descent. (The “protections” will be enacted, upheld, and enforced vigorously by federal agencies, regardless of their adverse economic and social effects.)

8. Effective nullification of the Second Amendment through orders/regulations/legislation, to enable gun confiscation (though there will be exemptions for private security services used by favored elites).

9. Use of law-enforcement agencies to enforce “hate speech” bans, mandates for reverse discrimination, and gun-confiscation edicts. (These things will happen regardless of the consequences; e.g., a rising crime rate, greater violence against whites and Asians, and flight from the cities and near-in suburbs. The latter will be futile, anyway, because suburban and exurban police departments will also be co-opted.)

10. Criminalization of “sexual misconduct”, as it is defined by the alleged victim, de facto if not de jure. (Investigations and prosecutions will be selective, and aimed mainly at straight, white males of European descent and dissidents who openly criticize this and other measures listed here.)

11. Parallel treatment for the “crimes” of racism, anti-Islamism, nativism, and genderism. (This will be in addition to the measures discussed in #7.)

12. Centralization in the federal government of complete control of all health care and health-care related products and services, such as drug research, accompanied by “Medicare and Medicaid for All” mandates. (Private health care will be forbidden or strictly limited, though — Soviet-style — there will be exceptions for high officials and other favored persons. Drug research – and medical research, generally – will dwindle in quality and quantity. There will be fewer doctors and nurses who are willing to work in a regimented system. The resulting health-care catastrophe that befalls most of the populace will be shrugged off as necessary to ensure equality of treatment, while ignoring the special treatment accorded favored elites.)

13. Revitalization of the regulatory regime (which already imposes a deadweight loss of 10 percent of GDP). A quantitative measure of revitalization is an increase in the number of new rules published annually in the Federal Register by at least 10 percent above the average for 2017-2020.

14. Proposals for at least least two of the following tax-related initiatives:

a. Reversal of the tax-rate cuts enacted during Trump’s administration.

b. Increases in marginal tax rates for the top 2 or 3 income brackets.

c. Imposition of new taxes on wealth.

15. Dramatic enlargement of domestic welfare programs. Specifically, in addition to the creation of “Medicare and Medicaid for All” programs, there would be a “fix” for Social Security that mandates the payment of full benefits in the future, regardless of the status of the Social Security Trust Fund (which will probably be abolished). (Initiatives discussed in #5, #7, #9, #10, #11, #12, #13, #14, and #15 would suppress investment in business formation and expansion, and would disincentivize professional education and training, not to mention work itself. All of that would combine to push the real rate of economic growth toward a negative value.)

16. Reduction of the defense budget by at least 25 percent, in constant dollars, by 2031 or sooner. (Eventually, the armed forces will be maintained mainly for the purpose of suppressing domestic uprisings. Russia and China will emerge as superpowers, but won’t threaten the U.S. militarily as long as the U.S. government acquiesces in their increasing dominance and plays by their economic rules.)

17. Legalization of all immigration from south of the border, and the granting of citizenship to new immigrants and the illegals who came before them. (The right to vote, of course, is the right that Democrats most dearly want to bestow because most of the newly-minted citizens can be counted on to vote for Democrats. The permanent Democrat majority will ensure permanent Democrat control of the White House and both houses of Congress.)

*      *     *

The list is in keeping with the direction in which the country is headed and, in many cases, has been headed since the 1930s — despite Reagan and Trump, and with the connivance of Ike, Nixon, the Bushes, and (in some crucial cases) the USSC.

The Constitution’s horizontal and vertical separation of powers, system of checks and balances, and limitations on the power of the federal government have been eroded almost to the point of irrelevance. The next few years will put an end to the pretense (or false hope) of governance in accordance with the Constitution as it was written. The next few years will see the destruction of liberty, the bankruptcy of America, and the onset of obeisance to Russia and China.

Proof of Election Fraud or Statistical Hocus-Pocus?

There are many good reasons to believe that Biden’s almost-official election to the presidency was the result of electoral misfeasance, malfeasance, fraud, and judicial bias. But the statistical analysis reported at this link isn’t among them. The authors concocted a statistical model that, according to them,

explains 96% of county-level variance in Trump’s two-party vote share with four demographic variables (non-college white, college-educated white, black and hispanic) and one historical variable (the average of county-level GOP two-party presidential vote share, 2004-2016). All five variables are highly significant. This reinforces the conclusion that the model is generally a very strong predictor of vote shares, and so deviations from it should be considered surprising.

And

regression analysis shows Trump ought to have won AZ, GA, NV, PA, WI.

Are you convinced? I am not, because the authors (perhaps unwittingly) provide evidence that undermines their claim.

There is a table at the end of the article that gives Trump’s predicted share of the two-party vote for every State (except Alaska and Hawaii) and the District of Columbia. I compared the authors’ predictions with the State-level results compiled as of today at Dave Leip’s Atlas of U.S. Elections. The absolute average of the prediction errors in 1.9 percentage points. The absolute errors for the six States listed above are as follows (in percentage points): AZ, 5.0; GA, 3.3; NV, 1.5; PA, 0.6; WI, 1.0; and MI, 1.1. So, as it turns out, the only outcomes (of the six) that the authors’ predictions might point to as fraudulent are the ones in George and Nevada.

Further, the authors don’t bother to highlight Trump’s significant underperformance (relative to their regression results) in many other States: CA, 4.3; DE, 3.5; ID, 2.4; IN, 2.0; KY, 3.0; ME, 2.5; MD, 3.3; NE, 2.1; NH, 2.2; NM, 2.1; OR, 4.9; TX, 3.6; UT, 6.3; VT, 4.3; and WA, 4.0. If their regression results for Georgia and Nevada are indicative of fraud, so are the results in California, Delaware, … , Vermont, and Washington. But I am unaware of any claims that the official outcomes in those States are bogus.

On top of that, Trump did significantly better than the authors predicted in DC (8.5 percentage points) and North Dakota (3.4 percentage points). Is anyone seriously suggesting that there was electoral fraud favoring Trump in DC, or that his campaign had to resort to fraud in deep-Red North Dakota?

The bottom line: The authors made some good predictions and a lot of very bad ones (20 of their 49 predictions exceed the average absolute error). But there’s nothing in the predictions to prove that Biden’s putative victories in Arizona, Georgia, Nevada, Pennsylvania, and Wisconsin (or even Michigan) were obtained fraudulently. There is plenty of other evidence of misfeasance, malfeasance, and fraud in those States, but the authors’ statistical “proof” is nothing but a demonstration of the errors that abound in statistical analysis.

In this case, the errors resulted in the overprediction of Trump’s share of the vote in 39 States and D.C. — including, coincidentally, the six States that the authors claim to have shown were were stolen from Trump.

Texas v. Pennsylvania — The Supremes Cut and Run

UPDATED 12/14/20

I was right about the Supreme Court, though the scenario played out differently than I had expected it to. As it turns out, there wasn’t a single justice with the guts to admit that Texas attorney general Ken Paxton had it right:

[T]he 2020 election suffered from significant and unconstitutional irregularities in the Defendant States [Georgia, Michigan, Pennsylvania, and Wisconsin]:

Non-legislative actors’ purported amendments to States’ duly enacted election laws, in violation of the Electors Clause’s vesting State legislatures with plenary authority regarding the appointment of presidential electors.

Intrastate differences in the treatment of voters, with more favorable allotted to voters–whether lawful or unlawful–in areas administered by local government under Democrat control and with populations with higher ratios of Democrat voters than other areas of Defendant States.

The appearance of voting irregularities in the Defendant States that would be consistent with the unconstitutional relaxation of ballot-integrity protections in those States’ election laws.All these flaws–even the violations of state election law–violate one or more of the federal requirements for elections (i.e., equal protection, due process, and the Electors Clause) and thus arise under federal law. See Bush v Gore, 531 U.S. 98, 113 (2000)(“significant departure from the legislative scheme for appointing Presidential electors presents a federal constitutional question”) (Rehnquist, C.J., concurring). Plaintiff State respectfully submits that the foregoing types of electoral irregularities exceed the hanging-chad saga of the 2000 election in their degree of departure from both state and federal law.Moreover, these flaws cumulatively preclude knowing who legitimately won the 2020 election and threaten to cloud all future elections.Taken together, these flaws affect an outcome-determinative numbers of popular votes in a group of States that cast outcome-determinative numbers of electoral votes.

In sum, the citizens of States that were won by Trump were denied equal protection of the laws: Their votes were nullified because Georgia, Michigan, Pennsylvania, and Wisconsin flouted their own election laws. (To say nothing of massive instances of fraud, of which there is ample evidence, Democrats and media enablers to the contrary notwithstanding.)

William Rehnquist, who presided over Bush v. Gore twenty years ago, must be spinning in his grave.

This may have been a (futile) attempt by Roberts et al. to forestall court-packing, which surely will happen as soon as the Democrats garner a working majority in the Senate. Which is one reason among many to hope that the January 5 runoff elections in Georgia result in victories by the two Republican candidates.

Update:

An esteemed reader and correspondent sent me a link to a piece in which Alan Dershowitz is quoted at length. Here’s some of it:

Dershowitz agreed with Justices Samuel Alito and Clarence Thomas, who indicated that Texas did have standing, saying they ”get the better of the argument,” but that the court just didn’t want to deal with what may be perceived as political.

”This Supreme Court decision sends a message,” Dershowitz said. ”The majority included the three justices appointed by President [Donald] Trump, and they all said, ‘We’re not going to hear the Texas case. We’re not going to get involved in this election.’

”I think this sends a message. It’s not a legal message, but it’s a practical message: the Supreme Court is out of this game.”

Elsewhere, Mollie Hemingway weighs in:

[H]ow can the state of Texas not have a judicially cognizable interest in her sister states living up to the compact they entered when they entered the Union?

Texas attempted in its briefs to crystalize the harm by stressing its interest in who serves as vice president, given the vice president’s tie-breaking status in the Senate and senators’ role as the representatives of the states. But a simpler and stronger argument came in a brief submitted by would-be amicus curiae [in] Citizen’s United:

When one state allows the Manner in which Presidential Electors be chosen to be determined by anyone other than the state legislature, that state acts in breach of the presuppositions on which the Union is based. Each state is not isolated from the rest—rather, all states are interdependent. Our nation’s operational principle is E pluribus unum. Each state has a duty to other states to abide by this and other reciprocal obligations built into Constitution. While defendant states may view this suit as an infringement of its sovereignty, it is not, as the defendant states surrendered their sovereignty when they agreed to abide by Article II, § 1. Each state depends on other states to adhere to minimum constitutional standards in areas where it ceded its sovereignty to the union—and if those standards are not met, then the responsibility to enforce those standards falls to this Court.

On Friday, the Supreme Court voted not to enforce those standards.

Maybe there is a good reason. Maybe Rehnquist’s view was wrong. Maybe the court found the alleged violations not “significant” enough to reach the level of a constitutional violation. (How “significant” would a violation have to be?) Maybe the court viewed a violation of the compact on which our country was founded as beyond its purview.

There might be a satisfactory answer, but Americans have yet to hear it. And that was wrong, both for the court and the country.

As the old saying goes, “we wuz robbed” by a cabal of crooked umpires.

Election 2020: Lost or Stolen?

RE-POSTED FROM 11/15/20, TO NOTE THE ADDITION OF DOZENS OF LINKS TO THE PAGE “ELECTION 2020: LOST OR STOLEN?” (LINK IN FIRST SENTENCE)

I have created a page with that title. It consists of links to posts from various sources about the evidence that Biden’s apparent victory is fraudulent. I will continue to add links as long as the issue remains unresolved — which may be a long time from now. (See also “Election 2020 and Occam’s Razor“.)

“Libertarians Suck”

That’s the title of an amusing and insightful piece by Michael Warren Davis at The Spectator (U.S. edition). I agree with every word of the title, not just because I’m a reformed libertarian (i.e., Burkean conservative or libertarian conservative) but also because I agree with Davis’s central point:

According to the latest figures, the Libertarian candidate for president, Jo Jorgensen (pronounced Yo Your-gun-sin), has spoiled the election. The number of votes Yo-Yo received in Arizona, Georgia, Nevada and Pennsylvania exceeds Joe Biden’s margin over Donald Trump in all those states. In other words, had the libertarians in each of those states voted for Mr Trump, he would have been reelected handily.

Thus do “big L” libertarians vote against their own interests by helping to elect Democrats, who are diametrically opposed to almost everything that libertarians claim to stand for.

I have made Davis’s point at least three times (here, here, and here). The third time I quoted a portion of a blog post by the late Bill Niskanen, who served as chairman of Cato Institute for many years. It is now appropriate to reproduce Niskanen’s post in full:

A Case for a Different Libertarian Party

All of this blogtalk about which major party is likely to be more receptive to libertarian policy positions, I suggest, is a waste of time unless the winning candidate of either party is dependent on the votes of libertarians.

Increased outrage about the state of American politics and the prospect for a larger number of close elections increases the potential effectiveness of a different libertarian party — one that sometimes endorses one or the other major party candidate but does not run a party candidate for that position.

The Libertarian Party’s efforts to promote their policy positions by running Libertarian candidates is counter-productive when they reduce the vote for their favored major party candidates. A disciplined group that is prepared to endorse one or the other major party candidate in a close election, however, can have a substantial effect on the issue positions of both major party candidates. The following conditions must be met to achieve this effectiveness:

  1. The party cannot run a separate candidate.
  2. The size of the party must be larger than the expected vote difference between the major party candidates.
  3. After the major party candidates are selected, the party leadership must have the opportunity to bargain with both major party candidates on the issue positions of highest priority for the party.
  4. The party, as much as possible, must act in concert to support the major party candidate who is chosen by the members of the party in that district.

There is no reason for this libertarian party to be active in any district for which the party does not meet all four of the above conditions. (For most libertarians, the most difficult of these conditions to meet, I suspect, is condition 4.) In addition, the party should not emphasize the same issues in every district, because the choice of these issues should depend on those for which the major party candidates are willing to bargain.

This is a strategy to increase the approval of libertarian policy positions rather than the usually counter-productive effort to increase the number of votes for Libertarian candidates. Maybe it is better to term the organization that I have described as a libertarian political action group, not a libertarian party.

Bill was a wise man, as his argument amply illustrates. I take his seeming neutrality between the major parties to be a rhetorical device. He was, as he described himself a private conversation with me, a “libertarian of conservative mien”. As a member of the Council of Economic Advisers in the Reagan administration he was one of the architects of Reagan’s economic policy, about which he wrote in Reaganomics.

Election 2020: Is It Done and Dusted? Has the Fat Lady Sung?

ORIGINALLY PUBLISHED 11/09/20; UPDATED 11/27/20, TO REFLECT THE MOUNTING EVIDENCE OF FRAUD.

Possibly, despite considerable evidence of fraud. In any event, Barring a smoking cannon or two, the Supreme Court probably won’t salvage the election for Trump. However, based on Gorsuch’s recent smackdown of Robert in the religious liberty case, I hold out some hope for a rescue by the Supremes, if a case that flips the outcome gets that far.

A post by Trump supporter Anatoly Karlin — though I don’t agree with all of it — makes some good points. The vote counts are incomplete in several States, but the results to date support Karlin’s central thesis, which is that Trump lost just enough ground in key States (or Biden gained just enough ground in those States) to cause them to flip from Red to Blue.

If fraud isn’t at the bottom of Biden’s tentative victory, what might be? A degree of revulsion for Trump that blinded many voters to the dire consequences of a Biden win, especially if accompanied by Democrat control of Congress. Nothing else, that I can see.

Here’s the table that shows Trump’s (almost) across-the-board slippage, where the light-blue fill indicates States that flipped from Red to Blue: This table shows, in light-blue shading, the States whose votes were manipulated to tilt the election toward Biden:

Despite my faint hope for a reversal of the apparent outcome, I will carry on:

I will continue to update the list of links to allegations of election fraud (here) … just in case.

When all of the votes have been tallied and certified, I will update the graph that describes the statistical relationship between GOP candidates’ shares of electoral votes and shares of popular votes. (See this post for a preliminary update.)

And I will write about the likely consequences of a Biden-Harris presidency (you read that right), with a GOP-controlled Senate, which are dire but not quite as dire as the outlook implied in this post.

Election 2020: Which Poll Came Closest?

Despite my long-standing reliance on Rasmussen Reports, I have decided to add two polls to my must-follow list: The Hill/HarrisX and IBD/TIPP. Rasmussen’s final poll before this year’s election had Biden leading Trump by 1 percentage point. In fact — assuming that the final vote count resembles the current tally — the nationwide count of popular votes puts Biden ahead of Trump by almost 4 percentage points. That was the spread predicted by The Hill/Harris and IBD/TIP in their final pre-election polls. If I had used that spread in my final projection, I would have nailed Trump’s share of the electoral vote, which now stands at 43 percent (before all results have been certified and all court challenges have been heard and ruled upon).

In fact, this year’s (apparent) result is exactly in line with the equation that I had derived from the results for the elections of 1972 – 2016:

With the addition of 2020, the relationship between popular-vote share and electoral-vote share looks like this:

The only change is a slight improvement in explanatory power (r-squared rose from 0.92 to 0.93).

The GOP continues to hold an edge in the electoral college, but it is a slight edge. According to the equations in the graphs, a GOP candidate must muster at least 49.5 percent of the two-party popular vote to be sure of winning an electoral-vote majority.

Trump got lucky in 2016. Because of razor-thin victories in a few key States, he got 56.9 percent of the electoral vote with only 48.9 percent of the two-party popular vote (i.e., a deficit of just over 2 percentage points).

This year, however, Trump seems to have eked out only 48.1 percent of the two-party popular vote (i.e., a deficit of almost 4 percentage points), and the close calls (apparently) went to Biden. Result: A reversal of the 2016 outcome.

For more about the accuracy of various polls, see this piece at NewsMax (behind a paywall). Here’s some of it:

The Investor’s Business Daily/TIPP poll defended its title as the most accurate pollster for predicting presidential outcomes. The pollsters take the No. 1 spot for the fifth presidential cycle in a row, a Newsmax review reveals. Among the worst polls were those from CNN and Quinnipiac.

One of only two polls to predict President Donald Trump’s 2016 win, the IBD/TIPP poll came closest to predicting the outcome of the 2020 presidential election. The Hill-HarrisX poll also predicted election results with the same accuracy, according to American Research Group, Inc….

Also making the top of the list were Emerson and Rasmussen Reports — one of Trump’s favorite pollsters. Fox News, USA Today/Suffolk University, and New York Times/Siena College came in at the middle of the pack. Among the worst polls were Economist/YouGov, CNBC/Change, NBC News/ Wall Street Journal, USC Dornsife, Quinnipiac, and CNN. All predicted Biden would lead Trump by double digits.

In any event, among the many sources that I will never consult is Nate Silver’s overrated statistical mishmash called FiveThirtyEight. Silver predicted not only Democrat gains in the House (wrong) and a likely flip of the Senate (probably wrong), but also a 9-point spread between Biden and Trump in the nationwide tally of popular votes (very wrong).

The Iraq War in Retrospect

The Iraq War has been called many things, “immoral” being among the leading adjectives for it. Was it altogether immoral? Was it immoral to remain in favor of the war after it was (purportedly) discovered that Saddam Hussein didn’t have an active program for the production of weapons of mass destruction? Or was the war simply misdirected from its proper — and moral — purpose: the service of Americans’ interests by stabilizing the Middle East? I address those and other questions about the war in what follows.

THE WAR-MAKING POWER AND ITS PURPOSE

The sole justification for the United States government is the protection of Americans’ interests. Those interests are spelled out broadly in the Preamble to the Constitution: justice, domestic tranquility, the common defense, the general welfare, and the blessings of liberty.

Contrary to leftist rhetoric, the term “general welfare” in the Preamble (and in Article I, Section 8) doesn’t grant broad power to the national government to do whatever it deems to be “good”. “General welfare” — general well-being, not the well-being of particular regions or classes — is merely one of the intended effects of the enumerated and limited powers granted to the national government by conventions of the States.

One of the national government’s specified powers is the making of war. In the historical context of the adoption of the Constitution, it is clear the the purpose of the war-making power is to defend Americans and their legitimate interests: liberty generally and, among other things, the free flow of trade between American and foreign entities. The war-making power carries with it the implied power to do harm to foreigners in the course of waging war. I say that because the Framers, many of whom fought for independence from Britain, knew from experience that war, of necessity, must sometimes cause damage to the persons and property of non-combatants.

In some cases, the only way to serve the interests of Americans is to inflict deliberate damage on non-combatants. That was the case, for example, when U.S. air forces dropped atomic bombs on Hiroshima and Nagasaki to force Japan’s surrender and avoid the deaths and injuries of perhaps a million Americans. Couldn’t Japan have been “quarantined” instead, once its forces had been driven back to the homeland? Perhaps, but at great cost to Americans. Luckily, in those days American leaders understood that the best way to ensure that an enemy didn’t resurrect its military power was to defeat it unconditionally and to occupy its homeland. You will have noticed that as a result, Germany and Japan are no longer military threats to the U.S., whereas Iraq remained one after the Gulf War of 1990-1991 because Saddam wasn’t deposed. Russia, which the U.S. didn’t defeat militarily — only symbolically — is resurgent militarily. China, which wasn’t even defeated symbolically in the Cold War, is similarly resurgent, and bent on regional if not global hegemony, necessarily to the detriment of Americans’ interests. To paraphrase: There is no substitute for unconditional military victory.

That is a hard and unfortunate truth, but it eludes many persons, especially those of the left. They suffer under dual illusions, namely, that the Constitution is an outmoded document and that “world opinion” trumps the Constitution and the national sovereignty created by it. Neither illusion is shared by Americans who want to live in something resembling liberty and to enjoy the advantages pertaining thereto, including prosperity.

CASUS BELLI

The invasion of Iraq in 2003 by the armed forces of the U.S. government (and those of other nations) had explicit and implicit justifications. The explicit justifications for the U.S. government’s actions are spelled out in the Authorization for Use of Military Force Against Iraq of 2002 (AUMF). It passed the House by a vote of 296 – 133 and the Senate by a vote of 77 – 23, and was signed into law by President George W. Bush on October 16, 2002.

There are some who focus on the “weapons of mass destruction” (WMD) justification, which figures prominently in the “whereas” clauses of the AUMF. But the war, as it came to pass when Saddam failed to respond to legitimate demands spelled out in the AUMF, had a broader justification than whatever Saddam was (or wasn’t) doing with weapons of mass destruction (WMD). The final “whereas” puts it succinctly: it is in the national security interests of the United States to restore international peace and security to the Persian Gulf region.

An unstated but clearly understood implication of “peace and security in the Persian Gulf region” was the security of the region’s oil supply against Saddam’s capriciousness. The mantra “no blood for oil” to the contrary notwithstanding, it is just as important to defend the livelihoods of Americans as it is to defend their lives — and in many instances it comes to the same thing.

In sum, I disregard the WMD rationale for the Iraq War. The real issue is whether the war secured the stability of the Persian Gulf region (and the Middle East in general). And if it didn’t, why did it fail to do so?

ROADS TAKEN AND NOT TAKEN

One can only speculate about what might have happened in the absence of the Iraq War. For instance, how many more Iraqis might have been killed and tortured by Saddam’s agents? How many more terrorists might have been harbored and financed by Saddam? How long might it have taken him to re-establish his WMD program or build a nuclear weapons program? Saddam, who started it all with the invasion of Kuwait, wasn’t a friend of the U.S. or the West in general. The U.S. isn’t the world’s policeman, but the U.S. government has a moral obligation to defend the interests of Americans, preemptively if necessary.

By the same token, one can only speculate about what might have happened if the U.S. government had prosecuted the war differently than it did, which was “on the cheap”. There weren’t enough boots on the ground to maintain order in the way that it was maintained by the military occupations in Germany and Japan after World War II. Had there been, there wouldn’t have been a kind of “civil war” or general chaos in Iraq after Saddam was deposed. (It was those things, as much as the supposed absence of a WMD program that turned many Americans against the war.)

Speculation aside, I supported the invasion of Iraq, the removal of Saddam, and the rout of Iraq’s armed forces with the following results in mind:

  • A firm military occupation of Iraq, for some years to come.
  • The presence in Iraq and adjacent waters and airspace of U.S. forces in enough strength to control Iraq and deter misadventures by other nations in the region (e.g., Iran and Syria) and prospective interlopers (e.g., Russia).
  • Israel’s continued survival and prosperity under the large shadow cast by U.S. forces in the region.
  • Secure production and shipment of oil from Iraq and other oil-producing nations in the region.

All of that would have happened but for (a) too few boots on the ground (later remedied in part by the “surge”); (b) premature “nation-building”, which helped to stir up various factions in Iraq; (c) Obama’s premature surrender, which he was shamed into reversing; and (d) Obama’s deal with Iran, with its bundles of cash and blind-eye enforcement that supported Iran’s rearmament and growing boldness in the region. (The idea that Iraq, under Saddam, had somehow contained Iran is baloney; Iran was contained only until its threat to go nuclear found a sucker in Obama.)

In sum, the war was only a partial success because (once again) U.S. leaders failed to wage it fully and resolutely. This was due in no small part to incessant criticism of the war, stirred up and sustained by Democrats and the media.

WHO HAD THE MORAL HIGH GROUND?

In view of the foregoing, the correct answer is: the U.S. government, or those of its leaders who approved, funded, planned, and executed the war with the aim of bringing peace and security to the Persian Gulf region for the sake of Americans’ interests.

The moral high ground was shared by those Americans who, understanding the war’s justification on grounds broader than WMD, remained steadfast in support of the war despite the tumult and shouting that arose from its opponents.

There were Americans whose support of the war was based on the claim that Saddam had ore was developing WMD, and whose support ended or became less ardent when WMD seemed not to be in evidence. I wouldn’t presume to judge them harshly for withdrawing their support, but I would judge them myopic for basing it on solely on the WMD predicate. And I would judge them harshly if they joined the outspoken opponents of the war, whose opposition I address below.

What about those Americans who supported the war simply because they believed that President Bush and his advisers “knew what they were doing” or out of a sense of patriotism? That is to say, they had no particular reason for supporting the war other than a general belief that its successful execution would be a “good thing”. None of those Americans deserves moral approbation or moral blame. They simply had better things to do with their lives than to parse the reasons for going to war and for continuing it. And it is no one’s place to judge them for not having wasted their time in thinking about something that was beyond their ability to influence. (See the discussion of “public opinion” below.)

What about those Americans who publicly opposed the war, either from the beginning or later? I cannot fault all of them for their opposition — and certainly not  those who considered the costs (human and monetary) and deemed them not worth the possible gains.

But there were (and are) others whose opposition to the war was and is problematic:

  • Critics of the apparent absence of an active WMD program in Iraq, who seized on the WMD justification and ignored (or failed to grasp) the war’s broader justification.
  • Political opportunists who simply wanted to discredit President Bush and his party, which included most Democrats (eventually), effete elites generally, and particularly most members of the academic-media-information technology complex.
  • An increasingly large share of the impressionable electorate who could not (and cannot) resist a bandwagon.
  • Reflexive pro-peace/anti-war posturing by the young, who are prone to oppose “the establishment” and to do so loudly and often violently.

The moral high ground isn’t gained by misguided criticism, posturing, joining a bandwagon, or hormonal emotionalism.

WHAT ABOUT “PUBLIC OPINION”?

Suppose you had concluded that the Iraq War was wrong because the WMD justification seemed to have been proven false as the war went on. Perhaps even than false: a fraud perpetrated by officials of the Bush administration, if not by the president himself, to push Congress and “public opinion” toward support for an invasion of Iraq.

If your main worry about Iraq, under Saddam, was the possibility that WMD would be used against Americans, the apparent falsity of the WMD claim — perhaps fraudulent falsity — might well have turned you against the war. Suppose that there were many millions of Americans like you, whose initial support of the war turned to disillusionment as evidence of an active WMD program failed to materialize. Would voicing your opinion on the matter have helped to end the war? Did you have a moral obligation to voice your opinion? And, in any event, should wars be ended because of “public opinion”? I will try to answer those questions in what follows.

The strongest case to be made for the persuasive value of voicing one’s opinion might be found in the median-voter theorem. According to Wikipedia, the median-voter theorem

“states that ‘a majority rule voting system will select the outcome most preferred by the median voter”….

The median voter theorem rests on two main assumptions, with several others detailed below. The theorem is assuming [sic] that voters can place all alternatives along a one-dimensional political spectrum. It seems plausible that voters could do this if they can clearly place political candidates on a left-to-right continuum, but this is often not the case as each party will have its own policy on each of many different issues. Similarly, in the case of a referendum, the alternatives on offer may cover more than one issue. Second, the theorem assumes that voters’ preferences are single-peaked, which means that voters have one alternative that they favor more than any other. It also assumes that voters always vote, regardless of how far the alternatives are from their own views. The median voter theorem implies that voters have an incentive to vote for their true preferences. Finally, the median voter theorem applies best to a majoritarian election system.

The article later specifies seven assumptions underlying the theorem. None of the assumptions is satisfied in the real world of American politics. Complexity never favors the truth of any proposition; it simply allows the proposition to be wrong in more ways if all of the assumptions must be true, as is the case here.

There is a weak form of the theorem, which says that

the median voter always casts his or her vote for the policy that is adopted. If there is a median voter, his or her preferred policy will beat any other alternative in a pairwise vote.

That still leaves the crucial assumption that voters are choosing between two options. This is superficially true in the case of a two-person race for office or a yes-no referendum. But, even then, a binary option usually masks non-binary ramifications that voters take into account.

In any case, it is trivially true to say that the preference of the median voter foretells the outcome of an election in a binary election, if the the outcome is decided by majority vote and there isn’t a complicating factor like the electoral college. One could say, with equal banality, that the stronger man wins the weight-lifting contest, the outcome of which determines who is the stronger man.

Why am I giving so much attention to the median-voter theorem? Because, according to a blogger whose intellectual prowess I respect, if enough Americans believe a policy of the U.S. government to be wrong, the policy might well be rescinded if the responsible elected officials (or, presumably, their prospective successors) believe that the median voter wants the policy rescinded. How would that work?

The following summary of the blogger’s case is what I gleaned from his original post on the subject and several comments and replies. I have inserted parenthetical commentary throughout.

  • The pursuit of the Iraq War after the WMD predicate for it was (seemingly) falsified — hereinafter policy X — was immoral because X led unnecessarily to casualties, devastation, and other costs. (As discussed above, there were other predicates for X and other consequences of X, some of them good, but they don’t seem to matter to the blogger.)
  • Because X was immoral (in the blogger’s reckoning), X should have been rescinded.
  • Rescission would have (might have?/should have?) occurred through the operation of the median-voter theorem if enough persons had made known their opposition to X. (How might the median-voter theorem have applied when X wasn’t on a ballot? See below.)
  • Any person who had taken the time to consider X (taking into account only the WMD predicate and unequivocally bad consequences) could only have deemed it immoral. (The blogger originally excused persons who deemed X proper, but later made a statement equivalent to the preceding sentence. This is a variant of “heads, I win; tails, you lose”.)
  • Having deemed X immoral, a person (i.e., a competent, adult American) would have been morally obliged to make known his opposition to X. Even if the person didn’t know of the spurious median-voter theorem, his opposition to X (which wasn’t on a ballot) would somehow have become known and counted (perhaps in a biased opinion poll conducted by an entity opposed to X) and would therefore have helped to move the median stance of the (selectively) polled fragment of the populace toward opposition to X, whereupon X would be rescinded, according to the median-voter theorem. (Or perhaps vociferous opposition, expressed in public protests, would be reported by the media — especially by those already opposed to X — as indicative of public opinion, whether or not it represented a median view of X.)
  • Further, any competent, adult American who didn’t bother to take the time to evaluate X would have been morally complicit in the continuation of X. (This must be the case because the blogger says so, without knowing each person’s assessment of the slim chance that his view of the matter would affect X, or the opportunity costs of evaluating X and expressing his view of it.)
  • So the only moral course of action, according to the blogger, was for every competent, adult American to have taken the time to evaluate X (in terms of the WMD predicate), to have deemed it immoral (there being no other choice given the constraint just mentioned), and to have made known his opposition to the policy. (This despite the fact that most competent, adult Americans know viscerally or from experience that the median-voter theorem is hooey — more about that below — and that it would therefore have been a waste of their time to get worked up about a policy that wasn’t unambiguously immoral. Further, they were and are rightly reluctant to align themselves with howling mobs and biased media — even by implication, as in a letter to the editor — in protest of a policy that wasn’t unambiguously immoral.)
  • Then, X (which wasn’t on a ballot) would have been rescinded, pursuant to the median-voter theorem (or, properly, the outraged/vociferous-pollee/protester-biased pollster/media theorem). (Except that X wasn’t, in fact, rescinded despite massive outpourings of outrage by small fractions of the populace, which were gleefully reflected in biased polls and reported by biased media. Nor was it rescinded by implication when President Bush was up for re-election — he won. It might have been rescinded by implication when the Bush was succeeded by Obama — an opponent of X — but there were many reasons other than X for Obama’s victory: mainly the financial crisis, McCain’s lame candidacy, and a desire by many voters to signal — to themselves, at least — their non-racism by voting for Obama. And X wasn’t doing all that badly at the time of Obama’s election because of the troop “surge” authorized by Bush. Further, Obama’s later attempt to rescind X had consequences that caused him to reverse his attempted rescission, regardless of any lingering opposition to X.)

What about other salient, non-ballot issues? Does “public opinion” make a difference? Sometimes yes, sometimes no. Obamacare, for example, was widely opposed until it was enacted by Congress and signed into law by Obama. It suddenly became popular because much of the populace wants to be on the “winning side” of an issue. (So much for the moral value of public opinion.) Similarly, abortion was widely deemed to be immoral until the Supreme Court legalized it. Suddenly, it began to become acceptable according to “public opinion”. I could go on an on, but you get the idea: Public opinion often follows policy rather than leading it, and its moral value is dubious in any event.

But what about cases where government policy shifted in the aftermath of widespread demonstrations and protests? Did demonstrations and protests lead to the enactment of the Civil Rights Acts of the 1960s? Did they cause the U.S. government to surrender, in effect, to North Vietnam? No and no. From where I sat — and I was a politically aware, voting-age, adult American of the “liberal” persuasion at the time of those events — public opinion had little effect on the officials who were responsible for the Civil Rights Acts or the bug-out from Vietnam.

The civil-rights movement of the 1950s and 1960s and the anti-war movement of the 1960s and 1970s didn’t yield results until years after their inception. And those results didn’t (at the time, at least) represent the views of most Americans who (I submit) were either indifferent or hostile to the advancement of blacks and to the anti-patriotic undertones of the anti-war movement. In both cases, mass protests were used by the media (and incited by the promise of media attention) to shame responsible officials into acting as media elites wanted them to.

Further, it is a mistake to assume that the resulting changes in law (writ broadly to include policy) were necessarily good changes. The stampede to enact civil-rights laws in the 1960s, which hinged not so much on mass protests but on LBJ”s “white guilt” and powers of persuasion, resulted in the political suppression of an entire region, the loss of property rights, and the denial of freedom of association. (See, for example, Christopher Caldwell’s “The Roots of Our Partisan Divide“, Imprimis, February 2020.)

The bug-out from Vietnam foretold the U.S. government’s fecklessness in the Iran hostage crisis; the withdrawal of U.S. forces from Lebanon after the bombing of Marine barracks there; the failure of G.H.W. Bush to depose Saddam when it would have been easy to do so; the legalistic response to the World Trade Center bombing; the humiliating affair in Somalia; Clinton’s failure to take out Osama bin Laden; Clinton’s tepid response to Saddam’s provocations; nation-building (vice military occupation) in Iraq; and Obama’s attempt to pry defeat from the jaws of something resembling victory in Iraq.

All of that, and more, is symptomatic of the influence that “liberal” elites came to exert on American foreign and defense policy after World War II. Public opinion has been a side show, and protestors have been useful idiots to the cause of “liberal internationalism”, that is, the surrender of Americans’ economic and security interests for the sake of various rapprochements toward “allies” who scorn America when it veers ever so slightly from the road to serfdom, and enemies — Russia and China — who have never changed their spots, despite “liberal” wishful thinking. Handing America’s manufacturing base to China in the name of free trade is of a piece with all the rest.

IN CONCLUSION . . .

It is irresponsible to call a policy immoral without evaluating all of its predicates and consequences. One might as well call the Allied leaders of World War II immoral because they chose war — with all of its predictably terrible consequences — rather than abject surrender.

It is fatuous to ascribe immorality to anyone who was supportive of or indifferent to the war. One might as well ascribe immorality to the economic and political ignoramuses who failed to see that FDR’s policies would prolong the Great Depression, that Social Security and its progeny (Medicare and Medicaid) would become entitlements that paved the way for the central government’s commandeering of vast portions of the economy, or that the so-called social safety net would discourage work and permanently depress economic growth in America.

If I were in the business of issuing moral judgments about the Iraq War, I would condemn the strident anti-war faction for its perfidy.