Category Archives: Politics

Looking back at election 2022

The 2022 mid-term election cycle brought some interesting results.  I mentioned a while back that I’d take a look at those results, with the perspective of hindsight and some data.  I’m here to deliver.  There’s a little math.  And some commentary.

In 2020 the nation conducted a nationwide census.  Based on those numbers all legislative and congressional district boundaries were redrawn.  [Well, not all.  A few states have only one Congressional seat]. These boundaries last 10 years, until the next census.  There’s usually a lot kvetching when states roll out their maps.  So that’s my main goal here: to objectively assess the district boundaries.  How well are the voters’ desires reflected?  Or, how badly are things gerrymandered?

A preliminary statement of the obvious. Gerrymandering does not affect presidential elections, or US Senate elections, nor any statewide election, such as Governor.

On a national level, it only affects the lower house of Congress:  the House of Representatives.  [It also affects states’ legislative districts, but that’s outside this essay’s purview.]

With that out of the way, let’s start at the very top level of the 2022 nationwide results.

Of just over 107 million votes cast for Congressional Representatives on November 6, 2022: 47.41% were for Democratic candidates; 51.56% went for Republicans; 0.54% for Libertarians; and 0.50% for sundry candidates of other parties.

When all the smoke had cleared and the dust settled, the final makeup was 213 Democrats and 222 Republicans.  Or 49.0% to Democrats, and 51.0% to Republicans. Overall, I assess this to be a very fair representation of the nation’s intent.  That’s overall.  There are some incongruent results on a more granular — state-by-state — level.

First, some caveats.

  • (1) Some states, most notably California and Washington, only permit two candidates on the November ballot. [Each state does have their own election rules].  In six California races there were two Democrats, and no Republicans on the ballot.
  • (2) Across all states there were 35 uncontested races in November.  In those, the unrepresented party obviously received zero votes (there are always a handful of 3rd party write-in votes).  Of these, 23 had only one Republican candidate, and 12 a Democrat.  [The Washington Post, and others, contend that this cost Democrats the national vote — as if that matters.  But there’s a reason no one opposed the single candidate: everyone knew the candidate was sacrificial and would garner few votes. Case dismissed].

The upshot of the caveats is that the November vote tallies can’t precisely reflect voters’ intentions by using simple ratios — at least with respect to parties they favored — as some voters were not able to cast a vote for a candidate of a party they preferred. Accepting that this puts some noise in the data … we forge ahead.  Nothing is perfect.

[So, for the top level, I assess that the allocation of seats by party tracked the electorate’s preference amazingly close.  Much closer than I’d expected.  See?  I’m wrong sometimes.]

Applying the same algorithm* as in my essay Mr. Gerry, I found the following the states to be the most egregious in mis-representing the voters’ intentions in the allocation of CD seats by party. {* see afterthoughts, below}.

________________________

 

State Bias Favoring
California 8 DEM
Illinois 5 DEM
Massachusetts 3 DEM
Connecticut 2 DEM
Florida 2 REP
Georgia 2 REP
Indiana 2 REP
Iowa 2 REP
Maryland 2 DEM
New Jersey 2 DEM
Ohio 2 REP
Oklahoma 2 REP
Tennessee 2 REP
Washington 2 DEM
Wisconsin 2 REP

________________________

On net, summing the entire table for all 50 states, the nationwide results of the election compared to my “fair” model show a +2 bias for Democrats, a -1 for Republicans and a -1 for Libertarians.

(Libertarians lost a possible seat in Texas in 2022.  Per 2020 presidential CA vote results, where minor party candidates received votes, and per my model, Greens and Libertarians would have received a seat.  However, the CA November election run-off model eliminated all 3rd parties).

The two states with the largest biases, CA and IL, were predictable.  Each has many Congressional Districts (53 and 17), and statewide they are overwhelmingly governed by one party.

Illinois, entire state CD map

The absence of Texas on the list (38 CDs and mostly led by one party), and often pointed to as an example of extreme gerrymandering, is somewhat of a surprise. Observers have long bemoaned their districting map, including the esteemed Brennan Center on the current map.  They make some good points.  But Texas awarded 13 of its 38 seats (34.2%) to the minority party; statewide the Dem candidates garnered 34.7% of all votes cast.  A pretty good match. The bias in TX turned out Dem +0, Rep +1, Libertarian -1. Is there some gerrymandering in Texas?  Almost assuredly (see Brennan), but you wouldn’t notice by the bottom-line statewide results. In fact, the Texas results are so very close to the actual statewide tallies that one could argue that all the districts which appear gerrymandered are made that way to get a good balance in the result. [1]

Also, a bit unexpectedly, New York is not on the most-biased list (it came in at +1 Dem).  Republicans won 11 of New York’s 26 seats, or 42.3%.  Statewide Republican candidates received 41.5%.  A fair result. [2]      [yeah, yeah, George Santos, I know]

I suppose one could use these results as a sort of proxy to determine how much any one state might be gerrymandering.  That’s a tough call more than you’d think. Another proxy might be the bias as a percentage of any state’s total CDs.  For example, if a state has 6 CDs and statewide votes suggest a 3-3 split, but it ends up 5-1, then that’s a mis-allocation of 2 out of 6, or 33%.

Judged this way (for states with 3 or more CDs) the top mis-assigners are:

  • Iowa 50%;
  • at 40% are Connecticut and Oklahoma;
  • at 33% we have New Mexico and Massachusetts.
  • Illinois comes in at 29.4%.
  • And a few at 25%:  Arkansas, Kansas, Maryland, Nevada, Utah, Wisconsin.

As most in the list have only a few CDs, it’s difficult to determine a consistent gerrymandered bias. California, even with its large overall +8 Dem bias, is only 15% off, since it’s so large. In the largest states on this list, Illinois and Maryland, maps are mixed on suggesting any strong bias in district boundaries.

Illinois CD 13

I don’t want to dig too much into the states. There are 50 of them, and that would take quite a while. Maybe later.  But Illinois, the land of my birth, and the Cook County Political Machine, piqued my interest. How could the “Land of Lincoln” lose a seat and then get even more imbalanced?  [OK, OK, I know.  Richard “Boss” Daley has been dead a long time, and his machine has all but expired — but still: Cook County].  From the 100,000 foot level, the Illinois map (above) looks pretty even handed … with two exceptions (CD 13 and 17).   At a more granular level, some other stats stand out: there are 11 total CDs in and near Cook County (Chicago). All 11 went to one party, as did CDs 13 and 17.

I’ve discussed some other states before.  Maryland’s districts look much more reasonable since the recent redistricting.  Which goes to show that unbalanced results can result even when no gerrymandering is apparent from gazing at the CD boundaries.

Illinois CD 17

Some states have recently taken district boundary drawing out of the hands of (often very partisan) legislatures. Supposedly independent commissions drew the boundary lines. It looks like mixed results.  In a few (Colorado, Michigan) the results turned out exactly fair.  In others (Arizona, California, Washington and even New York’s first cut) missed the mark by non-negligible amounts. Which shows how difficult the task might be: both choosing fair “independent” teams and then actually drawing fair lines. [3]

A few years ago I wrote about racism in America.  Yes, there’s racism. Of course. Undeniable. It’s horrible.  It’s repugnant. Yet it’s not as bad as we are led to believe. Look where we’ve come in 60 years. Same with many things.  Bad things aren’t as bad as we often think; and good things aren’t as good (or lasting) as we like to think.  I submit it’s the same with gerrymandering — or at least with CD boundaries drawn so that voters’ interests aren’t fairly represented.

In 2022 the results look to much more fairly represent citizen’s intent than I thought when my research began a few months ago.  Maybe we just sort of got lucky with most bias effects more or less canceling out.  People will continue to kvetch, no matter what.  I tried.

Weirdly drawn boundaries aren’t in and of themselves evidence of such unfairness. And clean looking boundaries are no guarantee against it.

Look to the numbers first. Look fishy? Then look at CD shapes.  Double sniff test. Top level and at most state levels the results this time around were pretty fair.  Demographics change, and we are “stuck” with these boundaries until the 2032 elections.  Maybe I’ll be around then to reflect on how well the boundaries held up in representation fairness.

I am cautiously optimistic that, with states trending toward independent commissions to draw the lines and with state courts growing more willing to strike down blatantly unfair lines, we’ll continue to trend to even more fairness in the decades ahead. [4]

Well, we can hope.

Peace.

Joe Girard © 2023                                   — notes and afterthoughts below

Thank you for reading. As always, you can add yourself to the notification list for newly published material by clicking here . Or emailing joe@girardmeister.com

Notes on my election fairness model below, after all footnotes and maps.

[1] California and Illinois lost one CD each due to the re-apportionment after the 2020 census.  Texas gained 2 CDs. Sometimes people “vote with their feet.”

[2] the New York legislature submitted a CD map whose boundaries that were deemed a “brazen gamble” by the New York Times. In fact, they were ridiculous. These were judged to be unconstitutional by the state’s supreme court.  A court appointed ‘special master’ drew a set of much more competitive (and fair, based on results) districts.

[3] Both Washington and New York allow the state legislature to override the independent commission suggestions.  In New York, they did; and failed, as mentioned. In Washington, the commission failed to submit a map by the required deadline. It was drawn, just not submitted.  A bookkeeping fiasco.  In the end, the Supreme Court ruled that the commission’s map, even though submitted late, shall be accepted.  It’s impossible to call it a gerrymander, even though, based on statewide party vote tallies, the results would be different by 2 CDs.

[3a] The CD map of Massachusetts looks relatively benign.  Yet it yielded a

Massachusetts CD map not ugly, still results in 9-0 “split”

9-0 split, all for one party, despite any fairness models which would suggest 6-3, or at worst, 7-2. [see below]

[4] The US Supreme Court has declined to take cases of unfair CD boundaries.  This, they assert, is a problem for the states to sort out.

Maryland CD map; not nearly as contorted as before.  But yields the same bias as before. I ragged on Maryland before for the insane CD shapes.  They fixed the shapes, but not the bias.

[5] Afterthought: a reasonable way to address the representation fairness issue is to add more resolution to the districts by drastically increasing the number of Congressional Districts (and seats).  The number of representatives has remained essentially unchanged going back to our nation’s beginning (it’s grown only as states were added).
In 1900 each District had an average of 191,000 residents.  In 2020 that grew to 761,000.  It’s absolutely impossible to draw districts completely fairly when they each must have the same number of residents (in the same state) when there are so few CDs allocated.
I don’t know (or really care) if the chamber can hold more than 435 people.  I assume so, as joint sessions get an extra 100 in there.  Plus, many many representatives are not in the chamber for most sessions.

 

Notes on Joe’s CD election model: My model explained, by example.

Suppose a state has 10 CD seats to assign.  Party A gets 52.1%, Party B 43.1%, Party C 4.1% and the rest 0.7%.  We begin by multiplying the percentage for each party by the number of seats available.  Then we strip off fractions, using only whole integer numbers.
A) 52.1% x 10 = 5.21
B) 43.1% x 10 = 4.31
C) 4.1% x 10 = 0.41

Round 1: Party A gets 5 seats.  B gets 4.  That’s 9, there is one seat left over.

In our simple example 10% equals one full seat.

Subtract away from A and B what has already been awarded.

A is left with 2.1%, B with 3.1% and C is still at 4.1%. So, C gets the final seat.

Repeat until all seats are awarded.  So, in our example, if any further seats remain, C then loses its 4.1% (it’s been assigned a seat).  And the next seat, if available, would go to B. (3.1% > 2.1%).

It’s simple, elegant, easy to apply and – this year anyway – seems to have given a pretty good unbiased look at the results. (My assessment on how “unbiased” it is, well — that’s probably biased). Also, it’s not all that different than how the states are allotted CDs to begin with.

Number One

The Supreme Court has certainly received a lot of attention lately: hearings, pending decisions, leaked drafts and partisan splits.  We tend to focus a lot on partisan splits, but 9-0 unanimous decisions occur more often than 5-4 and 6-3.  And those are just announced decisions.  I suspect they are also quite common on procedural things, like which cases to hear.

Shertoff proposed flag

Last week the Court announced a 9-0 decision on an interesting case, Shertleff v Boston.  Quickly: Shertoff was a free speech case in which a citizen (Shertleff) was denied flying a Christian flag (red cross on blue patch with white background) on one of three masts at the Boston city hall.  The city had never denied such a one-day request before.  But the court considers such facts not so much as the law. [1]

Regarding the law, the court has always bent over backward to protect free speech.  And the right to have that free speech heard – or, in this case, seen.  It’s not the first time Boston and the area has been so severely spanked by SCOTUS on speech.

In 1993 the Irish Gay, Lesbian, Bisexual Group of Boston (GLIB) wanted to participate in the St Patrick’s Day parade.  They were denied (although not by the city, rather by an independent organization running the parade).  GLIB sued and Hurley v Irish-GLIB, Inc went to the highest court.  These things usually take a while to wend through the court system.  The court decided again, in 1995 and unanimously 9-0, that free speech gets pole position.  Gays et al must be allowed to march in public parades.

Another unusual 9-0 decision came in 2014 in McCullen v Coakley.  A Massachusetts law was passed in 2007 mandating an anti-protest “buffer zone” around entrances to abortion clinics – even if that buffer extended to public areas like sidewalks. Protestors sued. Free speech won unanimously, again.  The whole law was stricken.

In every case above the most progressively liberal and conservative justices united to rule in favor of the most liberal interpretations of free speech, even if it went against their personal social principles in the specific cases.

This even applies to burning the flag, see Johnson v Texas, decided in 1989.  Although narrowly decided at 5-4, it’s interesting that conservative-leaning Kennedy and most-conservative Scalia voted with the majority to permit flag burning.  [Kind off odd, as the specific flag burning incident was a protest against Ronald Reagan, done just outside the Republican convention of 1984 — and by 1989, when the case was finally decided, Reagan had recently appointed Justice Anthony Kennedy].

Not long after Johnson, above, the court heard a very similar case.  In response to Johnson Congress quickly passed the Flag Protection Act, which prohibited flag desecration and mistreatment.  They basically dared the courts to take up the issue again.

This got to SCOTUS quickly, dying a 5-4 death in 1990, in United States v. Eichman.  Again, with conservatives Scalia and Kennedy concurring: flag burning is speech.  Speech is protected.

Antonin Scalia, SCOTUS Judge 1986-2016

Years later Judge Antonin Scalia stood by his votes.  “If I were king, I would not allow people to go around burning the American flag.  However, we have a First Amendment, which says that the right of free speech shall not be abridged…”

Scalia’s reference to the First Amendment to the Constitution gives us a good chance to review this very important part of the US Constitution.

“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”

One thing that’s interesting right from the start is that this Amendment, as written, is directed at “Congress” — not to the states, or to the state legislatures, or to city governments.  Yet the Supreme Court, and lower courts by precedence, have determined for a long time that these rights (religion, speech, press, assembly) are so very important that they apply to all branches of government.

These rights are indeed important.  Let’s consider Freedom of the Press.  This points to just one reason why I personally did not really react much to the great fear-stoking regarding the tenures of, let’s say, our last two presidents: Obama and Trump.  What’s that you say?  Because they were pummeled and attacked by the press, and cartoonists, daily.  None of those publications or voices were silenced, arrested, or “disappeared” by a government response.  We can extend this to the many anti-this and pro-that demonstrations that happened during each presidency.  Free press and free speech all.  [Presidential claims of “fake news” and a bible walk to St John’s notwithstanding].

Freedom of the press is so important it should cause us to consider how contemporary events would have played out if such a valuable and cherished freedom truly existed in, say, China and Russia.

Would there be an atrocity-filled war in Ukraine right now if Russia had such a court-protected freedom?  How might the Covid pandemic have played out if China had freedom of the press?  Reporters Without Borders (RSF) rates China 175th and Russia 155th (out of 180) in the world in Press Freedom.

By way of comparison, the US gets an overall top-grade score of “Good”, and “Satisfactory”, but still comes in at only 42nd, per RSF.  Saying the “US is better than most” is not anything like saying “Russia and China are better than North Korea” (dead last). They are so very low because of authoritarian government interference and censoring. Although we (the US and much of Western Europe) can do better, we are in pretty good standing regarding press freedom.

In absolute freedom of speech, the US does rank #1 in the world (World Economic Forum rankings). [2]

“I disapprove of what you have to say, but I defend your right to say it” has long been a maxim of US law and principals. [3] Recent Rasmussen polls regularly show over 80% of Americans believe free speech is more important than offending someone, and prefer it to giving government control of speech content. [Caveat, among younger Americans this number is dwindling.]

In reviewing the RSF’s Free Press evaluation criteria the US seems to lose ground for a variety of non-government reasons:  there are far fewer jobs for investigative journalism than there used to be; many writers self-censor; much media fails to fairly present alternative views. [4] It’s all related and these conditions continue to morph.  All-in-all, these topics are very large kebabs to skewer. As is Free Speech, in the context of, say, Twitter and Elon Musk. I’ll leave those for others to tackle.

Here’s to #1.  The First Amendment, that is.

Peace,

Joe Girard © 2022

Thanks for reading. As always, you can add yourself to the notification list for newly published material by clicking here . Or emailing joe@girardmeister.com

Footnotes below.  Acknowledgements to recent articles by Jeff Jacoby (Boston Globe) and The Economist for stimulating the thoughts that led to this essay.

[1] More on recent Shetleff Case: https://www.scotusblog.com/2022/05/boston-violated-first-amendment-when-it-rejected-christian-flag-court-unanimously-rules/

[2] This is supported by a 2015 Pew Research poll, here.  By 2021, the US has dropped into a virtual tie with Norway and Denmark for #1 [link], which apparently has more to do with Americans’ perception of free speech than actual government or private censoring.

[3] This quote is often attributed to Voltaire, 18th century French philosopher and strong proponent of civil liberties.  It’s actually probably best attributed Evelyn Beatrice Hall, an early 20th century biographer of Voltaire, trying to capture Voltaire’s philosophy.

[4] Figure and scoring, ref: Reporters without Borders site:
Reporters Without Borders site

Reporters without Borders 2021 World Map, hard to believe Russia is red, not black.  But this was before Ukraine.

White (score 0-15) relates to a Good Situation.
Yellow (score 15-25) reflects a Satisfactory Situation.
Orange (score 25-35) represents a Problematic Situation.
Red (score 35-55) represents a Difficult Situation
Black (score 55-100) represents a Very Serious Situation

 

 

Mr Gerry

Consider the man Elbridge Gerry, an early American politician from Massachusetts, and his legacy.

His legacy could be that he was a member of the rebellious Continental Congress.  As such he was a signer of the Declaration of Independence.  As a member of the later Congress of the Confederation (under the Articles of Confederation), he was present for the crafting of the Constitution (although he initially opposed the final draft).  His opposition resulted in his helping give birth to the first ten Amendments to the Constitution, AKA the Bill of Rights.

Elbridge Gerry

His legacy could be that he was (eventually) elected Governor of Massachusetts, or even that he served as Vice-President of the United States, under James Madison.

What a legacy all the above would be! But no, his legacy is in the portmanteau that contains his last name.  “Gerrymandering” comes from a combination of Gerry and Salamander, since, as Governor, some of the districts he drew up for elected offices looked like salamanders. To gerrymander is to make elective district boundaries so contorted and twisted – always to gain elective advantage – that any sane and unbiased person would quickly recognize them as something that came from a Steven King book, or a House of Mirrors.

Most often used as a verb, or participle adjective, the root word, based on Gerry’s surname, is always used as a pejorative.  The practice of gerrymandering, i.e. producing gerrymandered districts, is still widely used today.  That is his legacy.

In fact, the practice has only gotten worse.  Later herein are shown several diabolical state Congressional District (CD) maps.  Last year the United States Supreme Court bowed out of the argument completely, saying they don’t have jurisdiction over how states draw their own CD boundaries.

Normally I’d agree with SCOTUS on this.  States do what states do.  They all have their own traditions, laws, policies, rules and idiosyncrasies.  Paraphrasing Justice Louis Brandeis: the states are 50 different laboratories of democracy.  However, as with voting rights, civil rights and individual liberty, sometimes it is mandatory that the Federal Government, with the blessing of the Supreme Court, step in to rectify wrongs.  Severe Gerrymandering is one such wrong.

I read with interest that recently the courts of individual states have stepped up to abrogate such newly drawn gerrymandered maps.  In New York, a very progressive state with historically progressive judges, a court has struck down a carved-up map that overwhelmingly favors progressive Democrats.  Good for them.  Similarly, the Maryland courts have tossed out a disturbing gerrymandered map (MD has had sliced-and-diced districts for decades).

Not to dump on just Democrats.  Republicans have often drawn just as contorted districts, unfettered by logic except to gain advantage. Recently, maps drawn by Republican legislators in Kansas, Ohio and North Carolina have also been tossed out by state courts.

There are surely a good many more such state maps, but in these their state courts seem unwilling to take action.  Texas, for example, has a few disturbing congressional districts that clearly favor whites (mostly Republican, at least in Texas) over Blacks and Hispanics (mostly Democrat voters). As in California, they have decades of judges chosen by and for one party, and they seem unlikely to overturn such maps.

These most egregious examples should and must be rectified very soon.  Districts are re-drawn to reflect the decennial census (the last concluded in late 2020 and data released in spring, 2021).  When the data are digested, the districts must be drawn in time for the next election cycle.  And this includes primary races, which are currently on the doorstep in all states.

A few states, like my home state Colorado, have adopted a “non-partisan independent” commission to draw the lines.  In Colorado, which could have been very contentious – since we gained a Congressional seat – this seems to have gone very well. It appears the split will closely trend with the political leanings of the voters, on average.  We shall see.  So far, few squabbles.

It appears Gerrymandering will be de rigueur in many states for quite a while.  What to do?

Not sure.  The Federal Election Commission, backed by SCOTUS, could step in, on the basis of civil rights and try to do what Colorado and other states have done.  If the congressional representation continues to deviate from general voter patterns, then I don’t think they have any option other than to take the districting responsibility away from those states.  Much like the voting rights act of 1965. To do nothing would be to leave millions with no practical voice in an election.

I do have an interesting option, which I have proffered before.  I’ll present it in terms of a hypothetical numerical situation.  First the Federal Government, say the Federal Election Commission (FEC) and the Justice Department, with support of SCOTUS, would have to step in and “help” states who draw such contorted districts.

Then a program kicks in which works something like this.  Suppose a state has 10 Congressional Districts.  And suppose ten million voters participate in the election of CD representatives.  So, on average, 1 representative for each one million votes.  [I know each CD has on average about 750,000 residents with many fewer voters; I use these numbers for simplicity].

Voters vote for party, not individuals.  But they know the preferred “winners” of each party as they would be published well before.

The hypothetical votes turn out as
Party A:  5.0 Million
Party B:  4.4 Million
Party C:  0.5 Million
Others:  0.1 Million

Starting with the first digit, we can assign Party A five seats, Party B four seats.  Subtracting those away we are left with
Party A: 0.0 Million
Party B: 0.4 Million
Party C: 0.5 Million
Others: 0.1 Million

So, Party C gets the 10th seat.

Party A: 5 seats
Party B: 4 seats
Party C: 1 seat.

As far as which individuals get those 10 seats I have two general approaches, but each could be tweaked in the interest of appeasing the squealers.

In each case the parties submit a list of 10 candidates several months before the election.  They should be chosen by statewide primary.

In my first approach, the candidates are ordered one-through-ten, and they get seats as such.  In the hypothetical election, Party A’s candidates 1 through 5 get seated, and B’s 1 through 4, etc.

In my preferred approach, the party’s candidate names get written on ping pong balls and selected by pure chance, a la Lotto.  Pick ‘em at random, which has the benefit of likely ending some careers that span 20, 30 and 40 years.

This randomness would, perhaps, anger too many.  A compromise tweak would put in 10 balls for candidate #1; 9 balls for candidate #2; … all the way to a single ball for candidate #10.

It’s not perfect, but it takes the power away from the partisans and gives third parties a chance to get representation, especially in huge states like California, Texas and Florida.  [In my model CA gives 1 seat to a 3rd party].

After a decade of this, the lizards in each state’s legislature might even pledge to play nice and do away with partisan district boundaries, … and dump on the legacy of one Elbridge Gerry.  Hey!  It could happen!

___________________________________

Maryland’s CD map, 2012-2020.  Calling #3 a salamander is a gross misstatement.  It’s a blob, a creature from another dimension.  And #4 isn’t far behind.

Maryland CD map, 2011-2021

Both major US parties accuse the other of such origami.  And they are correct. In fact, this problem is hardly limited to the US.

The UK has had a worse problem for centuries, only recently rectified. Constituencies for the House of Commons (like US congressional districts) didn’t have even close to the same number of people from district to district.  It was a very long-standing problem; I guess due to reluctance to re-draw boundaries and the uneven growth (in some cases shrinkage) of population.  Although this problem is now “fixed” (the UK now only requires that each constituency population be within 5% of the national average; whereas the US insists they be essentially identical within any state).  This has still resulted in gerrymandered constituencies (yes, even they use the word) and a result that leaves many unhappy.

Over in Hungary, Victor Orban’s power is secure.  Via gerrymandering his Fidesz party controls a slam-dunk legislative majority.  They have 2/3 of the seats despite getting only ½ of the vote.

Back to the US and uneven distributions. I invested quite a bit of time evaluating the current splits in the House of Representatives, by party and by state.  For point of reference, I used the method I proposed above.  In the analysis a whopping 39 states, or 78%, have distorted distributions of congressional seats.  20 tip Republican and 19 tip Democratic.  Most are off balance by a single seat.  Only 11 states are unbalanced by more than one seat. [1] These are:

Table of Imbalanced CDs, by state 2021-2023 [In an unbalanced state one party gets over- represented by the amount shown.  These seats generally come from the other major party. So an imbalance of 1 is actually a swing of 2]. Texas is 13D, 22R and 1Ind.  My model shows 17D, 19R is proper.

I have to give a bit of warning here.  The backdrop is that these states (as do most others with imbalance) have huge regions of rural low-density residents and a few compact areas of high-density population.  People tend to vote like the people around them and like the people they hang out with; the former group generally more conservative and the latter more progressive. Also, there is a high correlation between population density and how people vote. [Suburban and exurban areas can go either way, but they do still tend to fit the trend that people vote like their neighbors.  You can see this in most precinct level election results].

Because of very high and very low population density areas splashed across most states, the upshot is that almost any map drawn will have that look of being gerrymandered, even if it matches the theoretical perfect balance.  Urban areas will be cut up and parceled out to rural areas.  Some suburban areas will be smooshed in with a neighboring suburb, while being divided itself.

On a final note, the German system reaches about the best balance possible.  Bundestag elections have two separate elections.  Voters choose a candidate, and also vote for a party.  When all the votes are tallied in the candidate elections, and ministers are assigned to elective districts (598 are assigned initially), they then look to see if the distribution matches the party vote.  If it doesn’t then they simply add more seats, so that the overall representation matches the popular vote.  [Caveat: A party must reach a 5% threshold to get “extra” seats this way].  I don’t know how large the Bundestag can get, but in the current new coalition government it is at its largest ever, with 736 members. [2]

Or, Auf Wiedersehen Herr Gerry.

That’s my ramble, or rant, for this month.  On to happier themes for a while.

Take care

Joe Girard © 2022

Thanks for reading. As always, you can add yourself to the notification list for newly published material by clicking here. Or emailing joe@girardmeister.com

With gratitude to my wife, as usual, for pointing out typos, clunky wording, awkward flow and unnecessary words. With helpful suggestions, of course.

Footnotes and final musings.
[1] The most egregious seem to be Massachusetts, Maryland and Alabama.  I arrive at this conclusion by simply taking the ratio of the imbalance to total seats available.  States that have recently lost a seat have redrawn boundaries to make things worse; some are still pending court direction (NY, CA, IL).

[2] The German system is slightly more complicated than this but this explanation gives the gist.

Below: some districting examples for elections 2012-2020.  North Carolina surely looks sliced up by Edward Scissorhands, as does Maryland, shown in main body, above.

North Carolina, may I direct your attention to CDs #1 through 5 and 9?  This has resulted in +2 for Republicans recently.

NC congressional districts, 2012-2022

Alabama looks innocuous.  By lumping almost all Dem voters into #6 (Birmingham area, AKA Alabama’s Blue Dot) Alabama is biased +2 for Republicans.

Texas has some serious distortions, which might get worse as Texas gets two additional seats.   Especially note #14, #26, #35. I don’t even see how this is all possible, given that districts must be contiguous.

Texas CD map: 2012-2020 elections

 

Post Election Thoughts, Part 2 – and Looking Forward

Since I wrote Post Election Thoughts 2020, Part 1 last fall, I thought I’d finally get around to a Part 2 — which is actually mostly a look forward, and not so much a look back.

First, a quick look back.  Presidentially, Trump lost.  Period.  Yes, of course there are many “couldas”, “shouldas”, “wouldas”, and “yeah-but-what-abouts”, but he lost.  A large percentage of Trump voters think it was rigged; and a large percentage of Hillary voters still think 2016 was rigged.  Nonetheless, it’s over. Like it or not, Joe Biden is your president, for now.

Is Joe Biden your president?

We’ve been hearing the “not my president” chant for decades now.  First under Clinton, then growing ever louder with Bush 43.

I will throw a bone (or perhaps chew toy) to that crowd of howlers and doubters and concede that it looks like there were more than a few voting anomalies, such as sketchy absentee ballots and ballot-curing oddities, in populous counties of states that were extraordinarily closely decided: e.g. Maricopa in AZ and Fulton in GA.[1]  Regardless, it’s also evident that none of those were enough to swing a state, let alone the entire election.  Gonna take that bone away: this happens every election.  Every – single – election.  There are always anomalies and sideways glances.  Nothing is perfect, even democracy. Or perhaps, “especially” in a democracy.

This is one reason that I remain (slightly) in favor of the Electoral College (EC) over the National Popular Vote movement: it may be possible to corruptly swing a single state or two. But even if an entire state was so messed up (or amoral) that 100% of the vote went for one candidate (or, even 110%), it does not sway the EC outcome much at all.  It’s simply more difficult to fraudulently sway a large number of states without detection.

Built into this is a second reason: the EC usually (not always) gives a pretty clear indication of just who won.  For example, in the last two (very tight) elections the winner won by identical 306-232 [2] votes.  Fairly convincing majorities (yet Trump labeled his 2016 win a “landslide” despite losing the popular vote 46-48%).

Speaking of “minority” presidents, the EC gave Abraham Lincoln a clear majority over three other candidates receiving EC votes in 1860, despite garnering less than 40% of the popular vote.

[1] given the closeness in Georgia (a current official difference of only about 11,000 votes out of 5 million cast for all of its 16 Electoral votes) my pre-election assessment that a presidential vote counts more in Georgia than any other states stands substantiated.

[2] note that so-called “faithless electors” changed this 306-232 outcome slightly in 2016.  Per a recent 2020 Supreme Court case (Chiafalo v. Washingtonwhich was combined with Colorado Department of State v. Baca) we will likely see an end to such faithless electors soon — a situation I do not agree with

One last thought looking back at 2020 and the presidential race.  I assert that without two things Trump wins, hands down.

  • Number one: obviously, the novel corona virus. The pandemic, our collective responses to it, and the consequences thereof completely pushed what was an almost certain Trump win into the gray area that columnists and the news media love.  Pre-pandemic the economy was roaring with record low unemployment as well as record high employment (and salaries) for minorities (especially blacks) and women.  Oh my, how that flipped.
  • Number two: Trump is an ass who broadcasts whatever undisciplined thought floats into his maze-of-a-brain without any filter whatsoever. Very unpresidential. Of course, he said stuff like “one day the virus will just go away.”  He didn’t do himself any favors. I score it an unconvincing 2-1 loss with an own goal.

Ok, enough looking back.  Now forward.


The US decennial census results are finally in, some four months late.  (Late, owing to the pandemic, and a few court battles about whether the census can legally count non-citizens as non-citizens).

The results are only a tad surprising, and there are some golden nuggets and poison pills for both Dems and Reps, although long term it looks better to me for Dems.

First, the population only grew about 7.4% over the entire decade; that’s the slowest growth since the Depression and Dust Bowl-cursed 1930s.  Still, 47 of the 50 states (48, including DC) recorded population growth; the losers were West Virginia (-3.2%), Mississippi (-0.2%) and Illinois (-0.1%).

Looking forward: Reallocation of Congressional District Seats, and thus Electoral Votes have been determined.  The “winners” are Texas (+2), and the following at +1: Colorado, Florida, Montana, Oregon, and North Carolina.  The “losers”, all at -1, are: California, Illinois, Michigan, New York, Ohio, Pennsylvania, and West Virginia.  [this is the first time California, the nation’s most populous state, has ever lost a congressional district; for New York it’s just the second: they lost two seats in 2010].

Nominally this looks like a slight win for Republicans, as more generally Rep voting states get additional congressional seats and Electoral Votes, drawing away from solid Dem states like CA, NY and IL.

If one thinks the presidential contests of the past were dirty or tainted – think of the angst following both ’16 and ’20 –  then one hasn’t ever paid attention to re-drawing of Congressional Districts and state legislative districts, which has been, and is going on, under our very collective noses. It’s a terrific example of “polite fiction.”  [“Terrific” is etymologically related to “terrible”, in this case for good reason]. The “Fiction” being that this is all fair, balanced and representative.  This has been historically, and still is, the unseen dirtiest of dirty businesses – classic smoke-filled room stuff that we don’t get to see much of; something that is supposedly based on balanced and fair representation. In reality it’s highly partisan in most states, and the process will take its toll on anyone’s faith in the notion that the drawing of district boundaries is fair and independent.

For example, Illinois, which is hard left leaning, at least state-wide (voting 55% and 57% for the Dem presidential candidate in ’16 and ’20 and only having Dem US senators since 2010) currently has 18 congressional seats: disproportionately 13 Democrat and 5 Republican.  The new state CD map managed to squeeze an incumbent Republican out of his seat, Adam Kinzinger; this, despite the state losing a seat and having a solid majority of Dems in the current tally, so it will be even more disproportionate.  Not sure how this plays out long term, since Kinzinger has been a critic of Trump, especially his bitching about the election.

On the other hand, one can be sure that the heavily Republican-leaning Texas legislature will ensure that the two “new” districts will lean Republican as well. More on Texas in the footnotes.

This all has to be done quite quickly, as the campaign season for the 2022 mid-terms is already underway.  The 4-month census delay has not helped map drawers meet deadlines. [By the way: since 1935 the sitting president’s party has lost seats in congress in all but two mid-term elections.  Because the Dems currently hold a very narrow 220-212 edge – with 3 vacancies – we can count on the drawing of CD boundaries and campaigning to be very contentious.]

And, probably about as important, each state must now re-draw their state’s legislative and senate districts (except Nebraska, which is unicameral, and only draws one set of district maps). Again, these must be drawn very soon.  Haste makes waste, so be careful.

Back to census-based demographic trends, most of which look to be favorable to Democrats.

  • America continues its over-one-century migration away from its wide swaths of rural regions, and toward the urban, suburban and exurban centers.  Urbanites, and those close to urban areas, tend to vote Democrat; Rural dwellers tend to vote Republican. Covid might have changed this, as it hit right in the middle of the census; so it will take a decade to see what the impacts are.
  • Racially, there are actually fewer total Whites than in 2010; Whites tend to be more likely to vote R than D. [Trump got 57% to Biden’s 42% of White votes in 2020].

One demographic that I noted could slightly favor Republicans.  America is aging. The Average age in the US is up 1 year, from 37.2 to 38.2.  Mostly this is due to longer lives among Baby Boomers and older (those born before 1964). Older people have a slight tendency to vote Republican, and they definitely get higher voter turnout. It’s also partly due to a falling birthrate.

Regarding voting patterns. People tend to vote how their friends, neighborhood, and fellow community members vote. This has become kind of a closed-loop feedback system, as people now tend to socialize and associate mostly (or only) with those who think like them politically. I don’t think this happened nearly as much before, say 2000.  We are very polarized now.

There’s also a high correlation between population density and political voting patterns. Below 800 per square mile people tend to vote Republican; and below 100 overwhelmingly so.  It starts to change between 800 and 2,000 per sq mile.  From lower population densities, but still urbanite densities like Denver and Saint Louis (both just under 5,000/sq. mi.), to larger BostonSan Francisco and New York (14,000, 19,000 and nearly 30,000 sq.mi.) one sees profound diluvial pro-Democratic voting patterns.

For Republican patterns and densities, one would need to look at county population numbers; I can’t think of a single urban center that leans Republican.  I suspect that two major factors here are: the higher the density the more the propensity to perceive benefit from bigger and more active government (efforts to de-fund police notwithstanding), and urban areas tend to have higher populations of people of color, who generally vote Democratic.

Re-districting and the associated “food fights” are almost inevitable. Highly political gerrymandering is not a necessary outcome every decade.  Although states like Texas and Maryland (and several others) seem doomed, for now, to their grossly distorted Congressional District maps, several states have recently taken map-drawing out of the hands of their politically-motivated legislatures (and even state courts) and put them in the hands of supposedly non-partisan commissions. [3]

Maryland’s CD map, 2012-2020. CD 2, 3, 4,and 7 are so contorted it hurts one’s head

My home state of Colorado is one of these; we voted for two such special commissions back in 2018: one for US congressional districts, and one for state legislative districts.  Kind of a big deal, especially since Colorado has an additional congressional seat starting in 2022 – now up to eight.

Other states that are now drawing maps via “independent” commissions are: Alaska, Arizona, California, Idaho, Michigan, Montana, New York and Washington. I can’t help but be skeptical of the “non-partisan” rating each commission would get, but I’m also optimistic that increased fairness and representation will result. (AK and MT have only one CD, but this applies to their state legislatures as well).  I’ve heard some squawking about preliminary maps from all sides already.

A few elections to look forward to besides the November 2024 Presidential and General Elections – when we will no doubt be told, yet again, that “this is a matter of life and death”, and “this is the most important election in our lifetime.”  (Insert breathless, feverish inflection as you wish).

I touched on the mid-term races in 2022, but special congressional elections will be held to fill vacancies as well in November, 2021.  With a Senate split at 50-50 there are several 2022 Senate elections to watch closely, wherein Reps must defend 20 seats, the Dems 14.  The likely close races to watch here look to be: Georgia (again), Arizona, Missouri, Nevada, New Hampshire, Pennsylvania and Wisconsin.  Of these likely close races, Reps are defending 3 seats, Dems 4. Be prepared for an extra onslaught of advertising and “persuasion” if you live in those states.

And coming sooner, this year in September: (1) the nation will watch the recall election of Gov Newsome in California on the 14th, and (2) Europe – indeed, the world – will pay attention to see how Germany reshapes itself in the post-Merkel era, as they hold federal elections on the September 26th.

Enjoy the rest of your summer!

Joe Girard © 2021

Thanks for reading. As always, you can add yourself to the notification list for newly published material by clicking here. Or emailing joe@girardmeister.com

[3] Fewer Whites than in 2010.  This might party be attributed to several factors.  (1) more mixed-race couples and people-in-general who identify as non-racial, (2) mixed race people who identify as a person of color (e.g. Barak Obama who is exactly ½ White and ½ Black definitely identifies as black; people like Tiger Woods, who at ¼ Black would identify as Black), and (3) a reluctance — or even rebellion — by Whites against identifying people by race; e.g. some identify as Native American.  Why? They were born here, as were their parents and grandparents. They identify as Native.  Hmmmm.]

Original Gerrymander cartoon

[4] Gerrymandering is named for early Massachusetts politician, Governor, and 5th VP of the nation, Elbridge Gerry, who helped draw and then approved a political map of his state that was so distorted (in order to keep his party in power) that a district looked like a salamander.  Thus the word is a sort of portmanteau of his name and the amphibian.  Many states have outdone him today.  As Gerry was one of the nation’s founding fathers, it’s sometimes interesting to think that many modern jurists should divine to understand the thinking of founding fathers, and then seek, anachronistically, to incorporate such into modern judicial decisions).

Not all of Texas is severely gerrymandered, as much of it is rural and undividably safely Republican.  It is too large of a state to easily show all of the congressional districts at once in much detail, but the generally progressive counties containing cities like Austin and San Antonio have been chopped up and districted so that Dem Congressional representation is diminished.  Politics, it is said, is a full contact sport.

Shown is current Texas CD 21, in which fragments of San Antonio and Austin are lumped in with an enormous swath of rural-dom. Alongside is Texas CD35, which is more of a salamander and ridiculous.

Post Election 2020 Thoughts – Part 1

“You’ve come a long way, baby! ”

— Virginia Slims cigarette slogan, late 1960s [1]

An abbreviated list of firsts: Jackie Robinson, Yuri Gagarin, Orville Wright, Louis Brandeis, Hattie Caraway, Barak Obama, Jeannette Rankin, Kim Ng.

All are significant modern era historic firsts: All of these people are remembered as much for what their personal achievements represented as much as the individuals themselves.

And now we can add Kamala Harris to that list, come January 20, 2021.

That such “breakthroughs” would happen was never in doubt. And, maybe these aren’t the specific persons many would have hoped would be first.

Vice President Elect, Kamala Harris

Many would have perhaps preferred: Josh Gibson or Satchel Paige to Jackie Robinson; perhaps John Glenn or Alan Shepard to comrade Yuri; brother Wilbur, Samuel Pierpont Langley, or even the German Karl Jatho to Orville. And on and on.

In the end, it does not matter who was first, just that these breakthroughs did happen – although we tend to remember these “firsts” much more than other nearly equal very worthy contenders. For sure, we recognize all these breakthroughs as individual achievements that history will keep indelibly recorded, and – to various amounts – as team achievements as well. More important, each marks a breakthrough for humanity. An expansion of possibility for America, or more importantly, for humans. Each marks a broadening of our hopes, imaginations and expectations.

Congratulations to Kamala Harris. I join the nation and the world in wishing her well.


Last week the Virginia Slims slogan of the ‘60s flashed into mind (top quote). Now, finally, Kamala Harris, a woman – and a person of color, no less – has been elected to be vice-president of the United States. Ladies: you’ve come a long way! And thereby so have all of us; so has our nation.

I feel a similar sense of pride to what I felt watching Barack Obama take the oath of office, standing in our friends’ house just outside Amsterdam, Netherlands, on January 20th, 2009, to become the 44th President of the United States. [Here is an essay from my old website to honor the 2008 election]

To all the above I say: Great, great and … great! Accomplishments and events like this show us what is possible for humanity. They show that talent, meaningful participation and leadership can be found, and are being found, everywhere and anywhere in all humans.

My soapbox here. It is simply impractical and inefficient by any measure – morally, intellectually, economically, politically, culturally – to restrain any fraction of the nation’s intellect and potential, whether it be leadership positions, education, service or any sort of employment. In the case of female participation: Why would any society aspiring to reach its maximum potential also limit fully one-half of its talent from contributing in any way they can?? I submit that this is a reason that some cultures, for example mostly Islamic countries, have lagged in all these areas, including intellectually and economically.

A fair system, with a “wide net”, will capture all sorts of interesting and diverse individuals.

Kamala Harris is just the latest obvious observable example of breaking through and reaching potential. Not hers. Not women’s. But society’s. America’s. The world’s. The whole race’s potential.

In fact, it was bound to happen. It was inevitable. Just the latest indication: an aged dam cannot hold back an immeasurable and growing ocean of water forever. First a crack, then a trickle, then a deluge.

What am I talking about?

Consider first women’s representation in Congress. It is absolutely zooming. The first plot here shows the fraction of Congressional seats occupied by females since 1920; that’s 100 years ago (coincidently when women got the nationwide right to vote, via the 19th Amendment). The numbers are Representatives plus Senators. (In this 1st plot, which is linear-linear, slight fluctuations in number of total seats over time. [1] Lower house grew from 435 to 436, then 437 in 1959 as Hawaii and Alaska added, then reduced to 435 after 1960 census; [2] Upper house Senate seats expanded from 96 in same period for these new states, and 100 ever since).

Plot 1: Women in US Congress since 1920 elections, % of seats available



In 2021-22 women will make up over 26% of the 117th Congress, an all-time high. Although this is barely over half the 51% of American adults who are female, the growth in participation is exponential.

Plot 2: Logarithmic plot of women in Congress as % of seats available. X-axis is log of year since 1920

This 2nd figure shows women’s congressional participation in a log-log (logarithmic) plot, dating back to the 1968 elections. Straight lines in log-log plots indicate pure exponential growth. With a straight-line coefficient of determination (R2) of at 0.97 this is clearly exponential growth in these 5+ decades.

Of course, this exponential trend cannot continue indefinitely, since the total number of seats in Congress stays (for the foreseeable future) quite limited.

One assumes that at some future time — within a decade perhaps –the curve will turn to be more or less level with 50%.

Or perhaps more than 50%.

Reason #2 for the inevitable breakthrough, and a good reason to expect a higher “plateau” than 50%, comes from looking at graduation numbers beyond secondary education. Women exceed men at every level — from Bachelors, to Masters to PhD degrees and law degrees — and most areas and levels have done so for quite some time.

Women are getting basic university degrees at a rate about 50% above men (roughly 59% of college bachelor degrees are going to females; only 41% to men). Although college degrees are certainly not necessary for service in high office – examples such as Harry Truman and Scott Walker have demonstrated this – it is certainly a very, very good indicator. Especially, for some sad reason, Law degrees. (Sorry, you lawyers). Women have outnumbered men in Law School and law degrees for several years, although the margin is slimmer here, roughly matching the US adult population at 51-49%). Not just bachelor’s degrees; Women are earning more advanced degrees of almost all sorts than men, including medical degrees. [3]

This education disparity indicates that female participation at all levels of society will continue to accelerate in all areas. That’s good news.

As a short side note: if participation in many advanced areas shoots much past 51%, and stays there, then a deep study of educational data and experiences might well suggest that we are currently giving young men short-shrift in opportunity development. However, these things can take decades to reveal themselves.

A healthy, growing society welcomes and encourages input, participation, leadership, and ideas from every single one of its citizens. And it develops potential. To do otherwise is to limit itself. Regardless of your politics, Barak Obama, Kamala Harris and Kim Ng, et al, are indications we are doing just that.

Good luck America.

Joe Girard © 2020

Thanks for reading. As always, you can add yourself to the notification list for when there is newly published material by clicking here. Or emailing joe@girardmeister.com

[1] Virginia slims cashes in on the women’s lib movement with a cigarette and ad campaign directed at women
[2] Women get far more degrees than men; even at PhD Levels
[3] Women earning more advanced degrees than men
And: More women in medical school than men


Vote

“Vote early, and often”

— attributed to many


Firstly, I must make it clear that voting is important. If you are of age and registered: vote! And vote only once. Please.

Voting’s importance is not because your single vote could sway a governor or presidential election; those odds are less than trivial. One in trillions. More on that later.

Voting is very important. Healthy turnout numbers legitimizes our democracy. When large numbers of voters “sit out” an election, that election result suffers reduced credibility, both at home and in the eyes of the world. My son took the time recently to convince me that 400 Electoral College Votes could have gone to Did-Not-Vote in 2016 (only 270 EC Votes needed to win).

In 2016 voter participation ranged from a low of merely 42.5% in Hawai’i to a high of only 74.1% in Minnesota. The 2008 turnout across the nation was a paltry 56%. In 2008 and 2012 national turnout was only 58.2% and 56.5%, respectively. This deprives both winners and losers of credibility, and validity.

So, secondly, larger tallies on each side allows winners to claim more support, while also encouraging them to also recognize that there are significant differing points of view. Well, we can at least hope on that second part.

One vote will never tip an election, but the votes of you and a few of your friends could be enough to trip a re-count.

Please do vote. We cannot be an authentic democracy without healthy turnout.

The good news is that across the country preliminary numbers suggest 2020 will have much higher levels of participation. For instance, as of October 29 Texas had already recorded more votes than were cast in all of 2016, when only 51% voted there.

_________________________________________________________________________

The quote atop this essay is most often attributed to Chicago’s murky election past, during the last ½ of the 19th century and the first ¾ or so of the 20th century. Some actual Chicagoans who have said this range from gangster Al Capone to mayors William “Big Bill” Thompson and Richard “The Boss” Daley.

Historians have more accurately traced “Vote early, vote often” further back to the first half of the 19th century, when it was first used publicly by John van Buren – son of our 8th President, as well as one of his senior advisors. Perhaps that’s an indication of electioneer shenanigans through that century as well.

The history of ballot box stuffing and vote buying notwithstanding (especially in “political machine cities”), is a thing of the past (so far, for several decades, thank God), and the command is said rather tongue-in-cheek.

Although some vote fraud will certainly occur, I have no great concerns that it will sway any statewide election, let alone the Presidential election (which is essentially 50 statewide elections, plus DC – thus sequestering “good” state results from sullied or doubtful ones).

Worriers will point to three statewide election elections that have been agonizingly close in recent history.


1) 2004, Washington state: Christine Gregoire defeats Dino Rossi for Governor by 133 votes (or 129, depending on source and date). This is the closest governor race in US history and was decided only after two recounts, several court challenges and a few court cases. In the end, over 1,600 counted votes were determined to be cast fraudulently, although there is no indication that the fraud was intentional, nor that it would have changed the outcome. [1]

[Aside: this election was among 2nd wave of indications – the 1st was in 2000, with defeat of 2-term incumbent Slade Gorton for Senate by Maria Cantwell – that a giant blue political tidal wave was rolling up on Washington, a condition that will continue well into the foreseeable future, and making November elections there quite easy to predict.]

2) 2008, Minnesota: Comedian Al Franken defeats Norm Coleman for US Senator by 225 votes, or 312, depending on whether we take the State Canvassing Board results, or the ad hoc panel of three judges chosen per constitution by the States Chief Justice. In any case the margin was a squinty eye-watering wafer thin one, indeed.

Very similar to the Washington case, later analysis found that almost the same number of fraudulent votes had been cast and counted, about 1,670. Again, this was not necessarily intentional, and no we can’t know how they voted; or if it would have changed the outcome. [2]
Minnesota was also turning blue, and still is.

As interesting asides: (a) Norm Coleman is the answer to a trivia question; he not only lost a Senate race to a comedian, he lost a Governor race [1998] to a professional wrestler, Jesse Ventura. Oh, the ignominy. (b) The months’ long delay in deciding the winner cost Presidential Obama a bit of momentum, as Franken’s vote would become the 60th filibuster-breaking vote on the Dem side of the aisle, allowing them to steamroll legislation without inter-party compromise for about 18 months.

3) 2000, Florida: George W Bush defeats Albert Gore for president by 537 votes [coincidentally remarkably close to the total Electoral Votes available: 538]. This provided Bush with the state’s entire slate of 25 Electoral Votes and gave him a “victory” in the Electoral College by the slimmest of margins: 270 to 268. (As of 2012, Florida now has 27 EC votes).

Much has been written about each of these elections, and I don’t really wish to pick at old scars and turn them into open wounds, yet again. We are in enough drama and pain as it is.

__________________________________________________________________-

How important is your vote? Well, even though each vote is very important (as stated above), the likelihood of any single vote changing the outcome for a state’s electors is mathematically insignificant. In that regard, the Florida voters of 2000 no doubt cast the weightiest presidential votes in history.

Again: How important is your vote? It is common for small population states and large population to complain about balance of power in choosing presidents. The most repeated refrain is that a very large state, say California, is under-weight when compared to a small state, say, Wyoming. Simple math suggests this is true: divide the state’s Electoral Votes by its registered voter total and we find that a vote in Wyoming is about 3.1 times more “electorally powerful” than a vote in California.

Electoral votes per state, 2012-2020

I submit that is indeed simple. Too simple. To truly evaluate a single vote’s “weight” the scoring must be more dynamic. One must consider not just Electoral Votes and total voters; one must consider the vote spread between winner and loser.

Such slightly advanced math deeply erodes the value of a Wyoming voter. Why? Currently Trump has an insurmountable 38% advantage. Add Wyoming’s low EC weight, and a single Wyoming voter’s weight falls from the top to near the middle.

Using average polling data from October 1 to 27th, I attempted to weigh each state’s voter’s relative effect on the outcome. It’s a simple formula: take the EC votes and divide by the expected difference between winner and loser.

To get an estimate of maximum single voter effect, I did a parallel calculation, reducing the expected difference by the average Margin of Error across all pollsters. [To avoid dividing by zero – such as when the MoE is equal to or larger than the expected spread – I used a small number (537) … hence the max impact in those states is roughly equivalent to that of a Florida voter in 2000].

The results were interesting. For ease, I have ratioed all the values relative to the top single voter power of all states. The top 13 States are shown in this figure. It tells us that (a) these are the states to watch come election night (and the days, weeks to follow); and (b) if you must skip voting these are the states your absence or neglect will have the most effect.

Three low population and low EC states (3 votes each) Alaska, Montana and South Dakota remain near the top, but get nudged down by expected differentials. (e.g. Alaska, Trump +6.0%, MoE ±5.7).

States’ Single voter relative power

Since many of these states are in the eastern time zone, we should get a fairly good idea of how the Presidential election will turn out early on. In the Central time zone Texas and Iowa will let many west coasters know likely results before they’ve even voted. If it comes down to Pacific time zone, only AZ and NV have real potential impact.

[I have casually and unapologetically lumped Nebraska and Maine into the same model, even though they assign single EC votes based on their few Congressional Districts.]

And next, are the bottom 13 states, ranked by single voter power. Note: these fall to the bottom not particularly because these are states with disproportionately few EC votes or such high populations; it’s because the outcome is not in doubt.


[Their “Max Power” ratio drops, since Texas could be so high. In effect, even at their most powerful (thinnest margin), their effect withers further if a larger state ends up close: these voters always weigh less than 1/1000th the power per single voter in a contested state].

States with weakest single voter power


Even smaller states like Connecticut, Maryland, DC and Mass that are heavily weighted by the simple ECVotes/population computation get pushed to the bottom of significance, alongside California and New York, due to high expected win/loss margins. You can color in your Electoral College map early for these states. Well, any state not in the top 13 as well. {Rhode Island may well lose an EC Vote after the 2020 census, and will drop into this group}.

Things and order jumble about, but only slightly, if we re-calculate assuming that the full Margin of Error is realized for each state. For example, big Texas — now a battleground state — jumps from #8 to #1. Georgia drops from #1 to #4. Details in the two tables at the bottom.


I must admit that this is a concept that I adopted and simplified from an extensive effort over the past few decades by Andrew Gelman, a statistics professor at Columbia University (cue Abe from “The Amazing Mrs Maisel” here). He’s been joined recently by Gary King and John Boscardin, as well as Nate Silver of FiveThirtyEight, to determine the odds that your single vote will decide the entire election, based on where you live. Of course, the odds are astronomical, but statistically quantifiable; the inverse of that possibility is a measure of the state’s single voter power. My results, arrived at with simpler math to account for my simpler mind, has much the same results (although I don’t think they’ve done it yet for 2020) [3]


These high-powered statisticians take into account far more than I have. For example, likely voter turnout. And odds the election is even close enough for that single state to make a difference (which further de-rates low EC vote states). That is too much computing, and voter turnout (abysmal and getting drearier for decades) will be a wildcard in 2020, with most areas now expecting record turnout.


In any case, like they say: “Every vote matters; count every vote.” My ballot’s in already. I know it won’t make any difference as to who wins; but it’s a vote for democracy. And that’s important.
May there be peace. Fingers crossed.


Until next time,


Joe Girard © 2020

Thanks for reading. As always, you can add yourself to the notification list for when there is newly published material by clicking here. Or emailing joe@girardmeister.com

[1] Gregoire wins by 133 (or 129) votes, with over 1,600 votes deemed to be fraudulent., Seattle Post-Intelligencer, June 5, 2005

[2] Franken win tainted?; 1,670 fraudulent votes tallied, The American Experiment, July 1, 2016

[3] When One Vote makes a difference (but never in a statewide race)

Table 1. All States at Nominal Power per single voter

StateNom Strengths
1Georgia1.00
2Florida0.0258
3Ohio0.0166
4North Carolina0.0146
5Iowa0.0090
6Alaska0.0050
7Arizona0.0047
8Texas0.0042
9Nebraska0.0035
10Nevada0.0034
11Pennsylvania0.0027
12South Dakota0.0021
13Montana0.0021
14Minnesota0.0020
15Kansas0.0020
16North Dakota0.0018
17Indiana0.0017
18New Hampshire0.0016
19South Carolina0.0016
20Maine0.0014
21Wisconsin0.0014
22Missouri0.0014
23New Mexico0.0013
24Utah0.0013
25Vermont0.0012
26Colorado0.0012
27Michigan0.0011
28West Virginia0.0011
29Wyoming0.0011
30Idaho0.0010
31Delaware0.0010
32Tennessee0.0010
33Oregon0.0009
34Mississippi0.0008
35Virginia0.0008
36Hawaii0.00078
37Rhode Island0.00069
38Arkansas0.00066
39Kentucky0.00066
40Illinois0.00063
41Alabama0.00061
42Oklahoma0.00060
43New Jersey0.00058
44Louisiana0.00058
45Washington0.00050
46Connecticut0.00048
47California0.00040
48Maryland0.00039
49New York0.00038
50Massachusetts0.00027
51DC0.00026
Table 1, Relative single voter weight, all polls nominal
A single voter in Georgia is ~3,800 times more significant and powerful as one in DC

Table 2. Relative single voter weight, all states at max strength per voter (i.e. poll margins reduced by average margin of error).

StateAll Max
1Texas1.00
2Florida0.763
3Ohio0.474
4Georgia0.421
5North Carolina0.395
6Arizona0.289
7Iowa0.158
8Alaska0.0419
9Pennsylvania0.0153
10Nevada0.0133
11Nebraska0.0053
12Minnesota0.0032
13Indiana0.0028
14Kansas0.0020
15Montana0.0018
16South Carolina0.0015
17South Dakota0.0014
18Missouri0.0012
19New Hampshire0.0010
20North Dakota0.0010
21Wisconsin0.0009
22Colorado0.0009
23Maine0.0009
24Michigan0.0008
25Utah0.0007
26New Mexico0.0007
27West Virginia0.0006
28Vermont0.0006
29Tennessee0.0006
30Oregon0.0006
31Idaho0.0006
32Delaware0.0005
33Wyoming0.0005
34Virginia0.0005
35Mississippi0.0005
36Kentucky0.00036
37Hawaii0.00036
38Arkansas0.00035
39Illinois0.00035
40Rhode Island0.00033
41New Jersey0.00032
42Alabama0.00032
43Louisiana0.00029
44Washington0.00028
45Oklahoma0.00027
46Connecticut0.00023
47California0.00019
48Maryland0.00019
49New York0.00018
50Massachusetts0.00013
51DC0.00011
Relative Single Voter Strength if each state is at Max power (I.e. full Margin of error reduces final vote difference)… A single Texas voter is 9,100 times more powerful than one in DC

Sound of Silence

Well, there’s only one thing I can say about the war in Viet Nam.
Sometimes when people go to Vietnam, they go home to their mommas without any legs. Sometimes they don’t go home at all. That’s a bad thing. That’s all I have to say about that.

– Forrest Gump
Forrest Gump (Tom Hanks) at speaker podium. (Forrest Gump, the movie — used here under US Copyright Fair Use law)

In the 1994 box office smash and critically acclaimed movie “Forrest Gump” there is a re-enactment of the massive May, 1970 Anti-War Rally, at the Lincoln Memorial and Reflecting pond, on the Mall in Washington, DC. In the movie, the eponymously named lead character is inserted into the speakers’ program, and he gives a short speech. 

Most of the speech was not heard by the crowd.  Movie viewers didn’t hear it either.  That’s because – per script – the sound system was disrupted by an anti-anti-war protestor, disguised as a part of the security detail, just before Tom Hanks, as Forrest Gump, stepped up to the microphone. [Forrest Gump’s unheard speech before the Reflecting Pond anti-war rally, in DC, with the whole scene. — early link was taken down, I suppose for copyright issues.]

That doesn’t mean he didn’t have anything important to say. The words above are what Tom Hanks claims to have said into the dead mike.

I recently came across some old essay notes that reminded me what happened when Wes Studi – a Viet Nam war Veteran, accomplished actor, and full Cherokee Indian – spoke at the 2018 Academy Awards.  The reaction of “the Academy” was if he hadn’t spoken at all.  Hardly louder than crickets.  He was only asking for recognition for films that honor those who fought for freedom around the world – especially when it wasn’t at home.

Much of the US population dealt with Viet Nam war veterans rather disrespectfully, especially from 1968 until about 1980.  Instead of treating them as youthful wide-eyed 18 to 20 year olds, sent off to do their country’s dirty work in a proxy war of the Cold War era, they were spat upon and derided as “baby killers.”  This was most unfair.

Hollywood and the media treated them rather shabbily and ungraciously as well, usually depicting them as damaged goods and misfits.  This is well-documented, and doesn’t even touch upon the disturbing “Full Metal Jacket” and “Coming Home.”  From last year’s Oscars … it seem the Academy of Motion Picture Arts and Sciences still feels that way.  [I stopped watching awards shows a while ago].

I touched on this in an earlier essay, but it was longer and the treatment of Viet Nam vets, particularly with regard to Hollywood, was part of a broader context.

I don’t have much more to add. But: Now that we have learned that the Pentagon has been lying about progress in Afghanistan for 18 years, we can justifiably cite the refrain of the 1970 protest at the Lincoln Reflecting pond: it’s time to bring our boys home.  Dying in Afghanistan it appears is as worthless as dying in Viet Nam. 

Staying in a war 6,000 miles away for 18 years? “You break it, you bought it” is not an intelligent foreign policy. Stupid is as stupid does. [H/T to Rep Barbara Lee (CA), the only person in either House to vote against the Afghanistan War Resolutions (2001), which she did on the basis that it was too broad, and had no “end game.” Even Ron Paul voted “Yea.” Astonishing.]

By the way, Hanks’ co-star in Forrest Gump, Gary Sinese, is doing wonderful things for veterans and first responders through his actions, words and foundation. Bravo, sir.

That’s all I have to say about that. 

Joe Girard © 2019

Thanks for reading. As always, you can add yourself to the notification list for when there is newly published material by clicking here. Or emailing joe@girardmeister.com

[1] Screen Play for “Forrest Gump.” http://www.imsdb.com/scripts/Forrest-Gump.html

On the Border — a Library in Defiance

The US-Canada Border Runs Through this Tiny Library.

Meet the only library that operates in two countries at once.

by Sara Yahm (c) of Atlas Obscura

Rumor has it the 18th-century surveyors who drew the official line between the U.S. state of Vermont and the Canadian  province of Quebec (*) were drunk, because the border lurches back and forth across the 45th parallel, sometimes missing it by as much as a mile. But the residents of the border towns didn’t particularly mind, mostly because they ignored it altogether.

The Haskell Free Library and Opera House stands athwart the US-Canadian border, on the Derby Line

{Link to the entire article here.  For copyright purposes I did not want to cut and paste the entire piece.}

Enjoy

Joe

To contact Joe just email him at joe@girardmeister.com

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* Editor note: actually the British colony of Lower Canada.  The line was to be surveyed as the international boundary per the Treaty of Ghent at the conclusion of the War of 1812, which was signed on Christmas Eve, 1814, and formally ended the war.  We will never know what would have happened if Col Andy Jackson and his ragtag army, allied with locals and pirates, had not defeated the British at the Battle of New Orleans, just a few weeks later.

On State Sizes and Power

Anyone who has glanced at a map of the United States has had this thought: Look at all those big states with straight lines, something like Tetris assembly blocks.  Perhaps you’ve expressed it out loud: What’s that all about? — All those straight lines?

All US States have at least part of their borders made up of “straight lines”

Perhaps none draws your attention more than my home state of Colorado, and not just because it is somewhat large; in fact the 7th largest of all states south of 49 degrees.  It’s because its boundaries are four perfectly “straight” lines (as is Wyoming): two east-to-west, spaced exactly 4 degrees of latitude apart; and two north-to-south, spaced exactly 7 degrees of longitude apart.  [Since the world is curved, the east-west lines are, of course, not perfectly straight].

Tetras Blocks

Now why is all of that?

The history of state shapes — and straight line boundaries — long precedes the incorporation of western states into the union.  It’s a fact that the shapes of each of the original 13 states also had straight line boundaries, mostly along lines of latitude. And each of those, in turn, got their straight lines from charters issued by the Monarchs of England, in the 17th and 18th centuries.

All of the original 13 colonies that made up the original US had straight lines in their colonial borders

Those original colonial charters, issued well before the Declaration of Independence, laid down much of the DNA for the political conflict we suffer today, now well into the 21st century.

Hearkening back to those original charters, with boundaries following straight lines as well as hill crests and river channels, led to colonies of vastly different size and population.  When the colonies’ representatives assembled in the Continental Congress – eventually to seek independence from England – the smaller colonies (think Delaware, Rhode Island, and 9 more) were wary of the potential political power from larger, more populous and economically more brawny, muscular colonies, especially Virginia and New York.

Once independence was attained – de facto after victory and Yorktown in 1781 and officially by the Treaty of Paris 1783 – the 13 independent states hammered out their differences by many compromises to became a single nation, which we generally respect today as the Constitution of the United States; it became the federal rule book on March 4, 1789.

When the Paris Treaty was signed the new government immediately had some very important questions regarding states’ relative powers to address.  How to administer all the new land west of the Appalachians, and what are the details of how new states are to be transformed from territories to state stauts?

A top criterion for this evolution was that no state should have excessive power over the others.  This was a lesson learned through the tribulations of the Continental Congress. Sadly, this is largely unwritten and not in any legislation that I know of or could find.  Nonetheless, upon entering the Union, a state would necessarily be comparatively weak, since only 60,000 residents were required to apply – most original states had many times that.  But, by allocating a fairly consistent amount of land area to new states, their power could be constrained to reasonable limits as their populations grew. Expecting that it would take many generations to populate “the west”, and believing that the climate was consistent with reports of “the vast American desert”, most of the western states were allocated larger areas.

In short, new states were allocated area commensurate with the expected ability to grow a population that would make them all roughly equal in political power.

There were a few errors made here, including: 1) the westward emigration occurred much more rapidly than expected; and 2) without a full understanding of various western climates, they could not accurately forecast what the full and final population of these new states would be. Spend much time in the vast lands between the Pacific coast and the Appalachians and you can attest that they are much more varied than anyone in 19th century DC could expect.

To address these needs of expansion, new states and balancing state powers:  there was first the Land Ordinance of 1785 followed by its sister legislation the Northwest Ordinance of 1787, which allocated five states in the new Northwest Territory (north of the Ohio River and east of the Mississippi River). These eventually became, in order: Ohio, Indiana, Illinois, Michigan and Wisconsin.  Removing the quirk of Michigan’s Upper Peninsula we can compare their landmasses and today’s Electoral Vote power as shown in the table here.  I’ve also included the first two “western states”, Tennessee and Kentucky, which joined the Union before Ohio, under the same general guidelines.

Land Area and EC votes of first 7 States admitted after independence (but not Vermont: a freak of history)

Although there is certainly some variation, it is not nearly as wide as the original 13. Among those, Virginia had area of 67,000 sq miles* to Rhode Island’s 1,500sq mi.  And an Electoral College weight of ten to R.I.’s three votes.  In fact, Rhode Island was so put off and fearful that they did not ratify the Constitution until 1790, and hence their Electoral Votes, although it mattered little, were not counted in George Washington’s first election. [* – This is not the exact area of the original Virginia; I have stripped off most of the lands west of the Appalachians that was removed as part of the 1st Bank of America compromise; this also happened to other original states, especially North Carolina and Georgia. These sizes can be seen in the second map, above].

The allocation of most subsequent new states was intended to keep a balance between the states more or less in order.  Using lines of latitude and longitude, a long and established practice dating back to the monarchs, was continued with each and every new state (with the exceptions of Hawai’i and Alaska: the latter’s eastern border was established by treaty) as this was a convenience in the drawing of territory and state lines.  Although this approach had very little regard to geography (for example, the towering Rocky Mountains run right through the middle of Colorado) it was easy to assign areas in this way.

[A coincidental oddity: the border between Colorado and New Mexico, along the 37th parallel, passes within a few feet of the peak of Raton Pass]

There were certainly some anomalies, and in some regard, they curse us today.  Of course, Hawai’I and Alaska, admitted in 1959, were freaks of history.  But, they are quite small with regard to population and will forever remain that way.  But there were others.  “Free” West Virginia was split off from Virginia during the Civil War.  Virginia’s area was further reduced to 42,700 sq miles and West Virginia comes in at a relatively puny 24,200 sq mi.

Before the bloodletting of the Civil War, two other states were admitted under relatively “unplanned” circumstances.  States that bore no resemblance to the unofficial rule of keeping states’ powers relatively balanced.  Those two were Texas and California.  And the circumstances were directly related to haste — and in trying to cement the United State’s ownership of these lands during and after the Mexican-American War.  The California Gold Rush (“In a cavern, in a canyon, excavating for mine; dwelt a miner, 49er and his daughter Clementine … “) added to the urgency of speeding California into the union, in 1850. The government played up the urgency of admitting them rather quickly without regard to (and without understanding) how large their populations could grow.

These two, Texas and California, came in massively at 268,600 and 163,700 square miles.  Wow. So much for planning and vision. Their populations have since swelled so (California far more than Texas) that they carry much more sway on national politics than was ever envisioned in our country’s long history.

At the time those states (CA and TX) could conceivably have been split into 3, 4 or even 5 territories, each slated to become a state at some point.  However, that would have disrupted the delicate balance between the number of slave and free states.

So we carry these historical relics and artifacts with us today in our national politics.  The impacts on things like the Electoral College and political clashes is huge.  Most people have a complaint about how it is working out.  Many workarounds have been suggested.

As of today, eleven states, plus DC (Colorado is now on track to become the next) have passed legislation to join a Compact wherein they are committed to giving all their Electoral Votes to whoever wins the national popular vote.

As during the Constitutional Convention, most small population states will remain wary of the larger states, especially California — especially as the size of the Compact grows — and as the Compact threatens to drown out their their Whoville voices. At some point, perhaps only Horton will hear them. As of now, the 18th century constitutional compromise that protects smaller states from the massive vote generating capability of the larger states still protects them … at least for now.

Anyway, that’s the short story on all the straight lines, how we got them and how it affects us today. Thanks for reading — and there’s a final note below with plots showing that, overall and excepting CA, TX, HI, AK and the original 13, the allocation of state sizes and shapes was actually done pretty well.

Peace

Joe Girard © 2019

To contact Joe just email him at joe@girardmeister.com

You can add yourself to the “New Essay Notification List” by clicking here.

Final Thoughts.

  1. I must acknowledge a fun little book by Mark Stein that gave me some factoids and insights, called “How the States got their Shapes”, Smithsonian Books, (c) 2008
  2. For completeness and visualization: Below I have plotted the states’ area vs their number of electoral votes.  In the first plot, all 50 states are included.  The visually obvious Electoral outliers with extraordinary power according to the founders, are (in order) California, Texas, Florida and New York.  California and Texas — and to a certain extent Florida — are freaks of historical circumstance.  New York is of course one of the original states.  (California currently gets 55 votes; New York and Florida 29, and Texas 38).

In the second plot, the original 13 have been removed (as have West Virginia and Maine, since they were spin offs of original states) and the historical freaks.   Florida is retained.  The 2nd plot is on the same scale as the first, so that one can see that these remaining states make a nice little cluster and one can deduce that, odd historical circumstances aside, the federal gov’t did a pretty good job of controlling and normalizing states’ relative power.  A few states have very low Electoral Votes (e.g. the Dakotas, Wyoming, Montana), and that’s understandable, as the government did not really understand how these areas could not support much population.

Scatter of State sizes and Electoral Vote Compared: 2nd Plot does not include original 13, TX, AK, CA.

I contend the Electoral College method of choosing presidents and Veeps would be nearly bullet proof with a few changes; and the first change would be to make the total cluster plot of states population and power look like the second plot, and not the first. It can reduce the likelihood of winners losing (and losers winning), and respect the choices of smaller states without completely doing away with the Electoral College, which is effectively what the States Compact does.

 

 

Olympischer Nationalismus

It’s Olympic time again.  The athleticism and elegance have been, so far, most extraordinary.  Most memorable.

Her name is Aliona Savchenko, and I suppose it’s possible to forget her name.  Even her story.

His name is Bruno Massot, and I suppose the same goes for him.  Sigh.

____________________________________________________________________

The modern Olympic games were founded mostly on the energy and vision of Pierre de Coubertin. He sought to improve international relations and harmony through the (supposedly) non-political path of sports competition. It was certainly a beautiful vision; but I’m not sure he’d be quite so happy with how things have turned out.

I’m also not sure how or when the Olympics became so nationalistic.  I personally find all the nationalistic shouting a bit embarrassing and – considering Baron de Courberin’s vision – a bit shameful. It pains me to hear of nations’ medal counts, and the focus on athletes’ nationalities.

In the first few modern Olympics – 1896, 1900 and ’04 – athletes competed only for themselves, and perhaps their local sports clubs. Like “The Milwaukee Swimming Club.” There was clearly no nationalism.

So, how did it start? Perhaps the first inkling came at the 1908 London Olympics.  The Games had first been awarded to Rome.  But Italy was struggling and in recovery from a massive eruption of Mt Vesuvius in 1906.  The games were reassigned to England.  It was the third consecutive time that history had contrived to put the Olympics in the same city as the World’s Fair.  In those days the World’s Fair was a much bigger deal than it is now; much bigger than the Olympics.  They almost didn’t survive.

In those early years, when the Olympics were held alongside the World’s Fair (1900 in Paris; 1904 in St Louis), it was often not clear to spectators and competitors what sort of event it was. An Olympic event, an Olympic demonstration, or even a World’s Fair competition? Decades afterward, Margaret Abbott went to her grave never knowing that she had won an Olympic Championship in 1900, as discussed here: Olympic Lyon and Abbott.

That’s when the first “Parade of Nations” in an Opening Ceremony occurred. It seems to have been a pageantry and marketing ploy to make the Olympics standout against everything else going on around.

In that “parade”, the American flagbearer Ralph Rose – a shot putter and giant of a man at over 6’-5” and 250 pounds – refused to “dip the flag” as the American contingent passed before King Edward VII. Throughout the games the British judges and referees were perceived by many to be more than a bit biased against the American athletes.  So petty.

I suppose some flames of healthy patriotism will naturally spill over into blatant nationalism.  Consider the Cold War, and the heavy, boot heeled Soviet oppression behind the Iron Curtain, and especially upon the states of Hungary and Czechoslovakia – the brutal suppression of pleas for freedom there in 1956 and ’68. Or anti-colonialism, as teams from around the world competed against, say, the United Kingdom.

On the other hand, thumping of chests over medal counts, and hoping for a victory by someone – an otherwise nameless and faceless person – who wears the colors of your country, or the country of your ancestors, strikes me as out of bounds.  Strikes me as unsportsmanlike and well outside of what Baron de Courberin envisioned for all of us.

And worse, shouts of “U-S-A!! U-S-A!!”, accompanied by fanatic flag waving, bring, for me, visions of 100,000 Germans singing “Deutschland über Alles” in Berlin, 1936, under countless Nazi flags, their right hands extended in salute to their Führer. All this as German athletes – whether they ascribed to the Nazi political philosophy or not; and many did not – racked up victory after victory.

Even with Jesse Owens and “The Boys in the Boat” participating, a united pre-war Germany overwhelmingly “won” the medal count at the Summer Games in ’36. There were plenty of opportunities for nationalistic and enthusiastic German sports fans to throw out their right hand, show off their Nazi tolerance – if not complete sympathy and allegiance – and shout “Deutschland!!!!”

(Of course, Norway easily “won” the medal count in the ’36 Winter Games, hosted also in Germany, in beautiful Garmisch-Partenkirchen, Bavaria. For some reason the IOC allowed the same country to host the winter and summer Olympics in 3 of the first 4 Winter Olympics.  The only exception was 1928, when Amsterdam hosted the Summer Games; clearly The Netherlands was an inappropriate Winter Games host. The games were held in St Moritz, Switzerland.  Then, both Olympics were suspended for ’40 and ’44 for WWII. After that, each has been hosted in separate countries. Since 1994 they are not even in the same years)

The games are for the athletes and their performances are for us to admire.  Period. The end. Unless you are from very, very tiny Liechtenstein, I don’t see any need for particular pride for a country’s medals.  [Per capita, Liechtenstein has certainly won the most medals in Olympic history.  At a population of under 40,000 they have gained a total of ten winter games medals, two of them gold, over the years.  Astounding. If the US had won at the same rate, they’d have about 90,000 medals, all time. “We” have fewer than 300 Winter medals; and only 28,000 if you tally Summer Games – which are heavy on track and water events and in which Liechtenstein has never seriously competed.)

______________________________________________________________

Aliona Savchenko is a world-class figure skater.  At age 35, she is “ancient” compared to many of her competitors. As her name suggests, Aliona Savchenko is Ukrainian, competing for that nation in the Salt Lake 2002 Olympics, as well as the Goodwill Games.  Before that she won the pairs competition Nebelhorn Trophy “for the Ukraine” in 1999.

A new coach and a new partner led Savchenko to move to Chemnitz, Germany.  After initial struggles, they soared to German and European prominence.  She earned German citizenship and won bronze medals at the 2010 and ’14 Olympics (in Vancouver and Sochi).

Again, she changed partners and coaches, hoping to beat the “biological clock”, and perhaps give gold one last shot. 2018 would be her 5th Olympics. Her new partner was a Frenchman, from Normandy, Bruno Massot.

Yet again, after initial struggles with a new partner and coach, the team blossomed, earning the German championship and gaininig world recognition.  However, their participation on the great world stage was hindered: As nationals from two different countries, they could not be a team, unless the native’s country would permit it.

Of course, France would not simply let Massot skate for Germany; they eventually made him pay 30,000 euros for a release.  Blatant blackmail if you ask me. The French say they let him off easy: they first asked for 100,000. But the Olympics would be something different.  How much would that extortion cost? So, Massot applied for German citizenship. It was approved just last November.

So here we have Germany – who will long be remembered for their ancestors’ hateful attitude and treatment toward outsiders – long be remembered for their horrible occupations of France and Ukraine – long be remembered for Nazi atrocities – today accepting over one million Middle Eastern Refugees.  And now accepting a mixed French-Ukrainian figure skating team as their own.

Massot is a strong, powerful and graceful skater.  Six feet tall and solid muscle.  Savchenko is a bit of a “doll” at a full foot shorter.  But all five feet of her is dynamite.

Savchenko & Massot: Beauty, elegance, grace and athleticism

Of course, they won: a Ukrainian and a Frenchie ironically competing under the German flag. Sorry to repeat: It was Savchenko’s Olympic fifth try — with two different countries and three different partners. That’s persistence.

When the final scores for the Russian team went up (the last team to skate), and it was clear Savchenko and Massot had won, the bronze-winning Canadian team – led by the adorable and ebullient Meagan Duhamel – rushed over to congratulate and hug them. Yes, there were tears of joy all around – they don’t call it “kiss and cry” for nothing – and for a moment I felt like joining them in a “tissue moment.”

Yes!! This! This is what the Olympics should be about.  We don’t care which countries win the events; or the most medals.

The athletes are showing us what it is about.  Breaking down barriers.  Ignoring international boundaries.  Ignoring politics.  And simply admiring the human spirit… in ourselves and in each other. And demonstrating what that spirit can lead athletes – what the human spirit can lead all of us – to accomplish. Isn’t that why we loved and remember Nadia Comaneci?

Tomorrow the women’s teams from Canada and the US will compete for the gold medal in hockey.  Personally, I win (and lose) either way; I have allegiances both ways.  And, yet, I’m sure that after a very hard-fought re-match they will sincerely hug and congratulate each other.  And many will probably cry.

And that will be in keeping with the hope, spirit and intent of Baron de Courberin. Or, in other words: something we can all aspire to.

As to the French? Well, we will be in Caen — Bruno Massot’s home town in Normandy — later this spring. My guess is they will have a plaque or a sign up, trying to steal away a little of Bruno’s glory. And M. De Courberin will toss in his grave.

Thanks for reading

 

Joe Girard © 2018

 

 

 

 

Supreme Thoughts

Supreme: 1) Highest in rank or authority; 2) Highest in degree or quality; 3) ultimate or final
–  Merriam-Webster

I recently read a fun and interesting article by Jonah Goldberg.  (Yes, I know – that Jonah Goldberg – please don’t roll your eyes and give up on me). At once randy and riveting – sending insults in many directions –  he does cite and make some interesting points.

After starting out on the topic of the weird magic of orbs, he quotes an Annandale Public Policy survey that determined 75% of American adults cannot identify all three branches of government. (Yes, I know – shocking).  And more than one-third of Americans cannot name a single right conferred by The Bill of Rights.  (As my wife and I say at this point: “And they vote.”)

Trump touches “The Orb” in Riyyad, Saudi Arabia, with Saudi King Salman and Egyptian President al-Sissi.

It’s a good enough starting point for me, but I’ll go off into theory and conspiracy-land instead of slinging poison-dart words.

The US Constitution’s first three Articles deal with the three branches of government.  Article I – The Congress; Article II – The Executive Branch; Article III – The Judicial.

Digging into Article III, it is interesting to note that the Constitution does not – I repeat: the Constitution does NOT – set the number of Supreme Court Justices.

Seal of the Supreme Court of the United States

In fact, the number we have come to know and grow accustomed to – specifically, nine – has not always been the total number. The number is set by acts of Congress. And can be modified by acts of Congress.

When the Supremes first sat, in 1790, the odd number was six. [1].  Why is six odd? It is not, generally speaking, a good idea to have an even number of people deciding things.  Ties can result, and in the Supreme Court, ties lead to no action at all.  Whatever was law before is law after.

In 1807 they judiciously raised the number to seven.  In 1837 it was raised to our familiar nine (perhaps some sort of north-south compromise … I’ll have to look into it).  Oddly, in 1863 it was raised to an even ten.  [At this time the South had virtually no representation in Congress, they bolted to their own government, and it was pretty clear that the North would probably win the war. Not sure if that’s why a seat was added.]

Finally, in a fuss over President Andrew Johnson (Lincoln’s successor … remember, he was impeached and avoided getting removed from office by a single vote), the number was reduced back to seven.  This precluded Johnson, a Tennessee southerner, from appointing any judges.

Then in 1869, with Johnson out and Grant in office, the number was raised back to nine – I suppose to re-enforce the government position on Reconstruction. Or to spite Johnson.

And there, at a total of nine, is where the number of justices has remained for nearly 150 years.

The Supreme Court has had its own building, shown here, since 1935.

Upshot #1 is that Roosevelt’s plan to “pack the court” was not the least bit unconstitutional; although it did represent the sort of power grab that was a hallmark of the his presidency.  Roosevelt believed in “go big, or go home”; he attempted to jack up the number to fifteen, thus giving himself a slam dunk on any issue before the court. Probably no other president did more to establish the tradition of a very powerful executive branch.  [After Obama, and, especially, now Trump, it looks like people in both parties have recognized this danger].

Upshot #2 is a wild long-shot prediction – or perhaps observation of the possibility – that something supremely weird could happen, most likely in 2021: Expansion of the court to 11 members, or more.

My thought process. The backlash against the Republicans for painting themselves into a corner: first with Trump, and then with Moore. These will yoke their general popularity numbers in the ditch for years – and will almost surely result in Congressional seat losses in 2018.  Even popular presidents lose seats in off-year elections (see Obama in 2010).

Unless the Reps can bump Trump and field a Knight (or Dame [2]) in shining armor for 2020 – or the Dems run another truly “horrible” candidate, as in 2016 – there is a good chance the Dems will hold the Whitehouse and both branches of congress come 2021.

Here’s where current events come into play.

  • The Senate has gone “nuclear”. That means the good old days of needing 60% and plenty of compromise to get anything passed (used to be two-thirds) are basically gone.  No one plays nice anymore.  Could blame Harry Reid, but there’s not enough mud or ink for all the villains.  Now it takes only 50-50 (if you have the Whitehouse … the VP casts tie-breaking votes in the Senate).

[The lower house of Representatives has always been designed to go fast: only a simple majority has ever been required … except to commence the Amendment process]

  • Some Supremes are destined to retire, or pass away, soon. So, look for good odds that Trump will get to appoint at least one more judge, securing the Right’s slight advantage (currently approx. 5-4, even noting that Kennedy and – in a few cases – Roberts have swung left a few times).
  • Anthony Kennedy is 82. Although the left sees him as a hateful ideological enemy, he sides with them frequently and is always the “swing” vote in closely decided 5-4 cases.  He probably isn’t sure about Trump (who is?), and, as a relative moderate among right and left sharks, might be hanging on to see what happens in 2020.
  • Even older is Ruth Bader Ginsberg. She is 85 years old and looks 105; her energy is visibly dwindling to all court observers.  A true Progressive/Leftist believer, she is surely hanging on, hoping that Dems win the Whitehouse in 2020.  But she could pass any day, and no one would be surprised.
  • Steven Breyer, at 79-1/2 could keel over too.

If Trump gets to appoint even one more judge, look for the Left and Dems to get super energized. Even more than the hornet’s nest we are observing now. Why? This could “lock in” a perceived rightward slant for at least another decade (even though this court did uphold “Obamacare”, AKA The Affordable Care Act, and Same Sex Marriage rights).

They will seek to overturn any perceived disadvantage by adding at least two seats to the court.

That’s my Far-Out-From-the Center-Field-Peanut-Gallery prediction for now.  Call me out on it in a few years if the Dems take the elections in 2018 and 2020.

Well, the future beckons.  Let’s be careful servants out there!

Cheers and best wishes for 2018.

Joe Girard © 2018

 

[1] Actually the number was five, although Congress set the number at six.  The sixth justice was not confirmed by the Senate until a few months later.

[2] The equivalent of Knight for females is Dame. When she receives her title, she is said to be “daymed”, not “knighted.”  Link

Another Love Story

Another Love Story

“There’s no tick-tock on your electric clock,
But still your life runs down”
— Harry Chapin (song: Halfway to Heaven)

The Long Island Expressway is often called by its acronym LIE, and seldom by its assigned number ID: I-495.  It is also often called the Long Island Distress-way, a tribute to its notorious snarly traffic jams that can go on for miles and miles and several hours each weekday.

Monday through Friday the expressway turns into a slothful snake, slithering on the cold concrete as it stretches from the Queens Midtown Bridge out east to Suffolk County.  Late in the morning and early in the afternoon, the LIE wakes up.  The traffic drops below a volume threshold, and — voila! — cars can often zip along at 65mph (105 kmh), sometimes even with a few car lengths between them.

________________________________________________________________________________

I have a confession to make.  During my high school and college years, I didn’t like the contemporary popular music as much as I let on.  Sure, I learned the words to many of the more popular songs and was, thereby, able to fit in.  I faked it.

The songs that attracted me were more earthy.  Songs with words that could be understood; songs with words that told stories; songs where the words were more important than the music.  The music was simply the walls upon which murals were painted; murals that told stories of a vast range of “ordinary” people, trying to do their best, survive the world’s vagaries, and just – somehow – get along.

Thirty or forty-five years ago a guy would rather die before admitting that Barry Manilow’s songs about a washed up show girl (Copacabana) or a man who mourns that he is no longer in love (Tryin’ to Get the Feeling Again) were his preference.  Include Gordon Lightfoot’s saga of a doomed freight ship (Edmund Fitzgerald).  Or maybe worse, “chick” songs: Judy Collins singing a ballad about someone who did all the right things in life, except the important things (Send in the Clowns), or acknowledging that everything important we think we know about life might be wrong (Both Sides Now).

____________________________________________________

At lunch hour the LIE offers an enticing route for mid-day errands.  Clients to meet.  Lunch with friends.  Errands to run.  Doctor appointments.  In the summer, pick up or drop off kids at camp, make an early get away to – or late return from – the outer beaches.  Trucks are out making deliveries and pickups.  Noon hour traffic usually zips, but it’s a crap-shoot: sometime it’s a bit tight for 65mph, and – with just one accident, or breakdown, or a little precipitation – it can return to “the Distress-way”, slowing to a sudden and unwelcome complete stop.

_____________________________________________________

Shoot, I even liked some ballads, like Marty Robbins’ cowboy ditty “West Texas town of El Paso” and Simon & Garfunkle’s “The Boxer.”  Among the “story teller” singers and songwriters, by far I liked Harry Chapin the most.  He wrote and arranged his own songs.   His voice was just bad enough that anyone could convince themselves they could sing them.  But the stories — the lyrics — captivated me.

Harry Chapin, Album cover: Heads & Tales

By Chapin’s own admission, he was a delusional dreamer.  His first songs (he often joked) went something along the lines of “If only everyone could hold hands and hum along to the wonderful songs I am singing, the world would be a wonderful place and we’d have peace and friendship and boundless goodwill.”

Born to a musical and theatrical family, Chapin even made a brief yet successful foray into movie making, writing and directing a documentary for which he earned an Academy Award nomination.[http://en.wikipedia.org/wiki/Legendary_Champions]

Harry found his stride in music in his own form of ballad, telling stories of life.  His breakthrough song, in 1972, was Taxi, a story about a taxi driver who has lost his life’s dream and purpose — and then, without warning one night, he picks up a fare who turns out to be a former lover needing a ride home.  Her life has also not turned out so well.  They briefly reminisce.  Among his many studies:

  • Sniper – a confused and frustrated young man seeks notoriety ·
  • Better Place to Be – a midnight watchman fills his empty life for one night, and then, maybe, for the rest of his life. ·
  • WOLD – a washed up DJ is still trying to make something of his life and career
  • Mr Tanner – A dry-clean shop owner with a talent for singing ·
  • Corey’s Coming – an aged railroad worker still hangs out at the rail yard
  • What Made America Famous – Hippies living in a communal hovel survive the scare of a life [which he also wrote into a full length musical play,The Night that Made America Famous; it ran a full season at the Ethel Barrymore Theater in Manhatten]
  • Dance Band on the Titanic – title tells it all
  • 30,000 Pounds of Bananas – a young truck driver negotiates the hills of eastern Pennsylvania
  • Dogtown – Life in the old whaling town of Gloucester, MA ·
  • Mail Order Annie – Life on the North Dakota Plains
  • Vacancy – A Motel Keeper’s Life
  • Six String Orchestra — Harry makes fun of his guitar abilities
  • Tangled up Puppet — A father’s love for his daughter is clouded by the mystery of transition from young girl to young woman

It was in telling the stories of simple salt-of-the-earth people’s lives that Harry made his mark, but it took a while before he made it really big.  Most of his good songs were quite long, six to ten minutes.  That makes good concert material, but doesn’t get you on the radio. After a few years, with the help of his wife, Sandy, he finally made it really big.

Sandy had already been in an unhappy marriage and divorced with three children – and nine year Harry’s elder – when they met.  [Of course, Chapin adapted their meeting and falling in love to a song: I Want to Learn a Love Song]. When they married, Chapin adopted her children and became the loving father that they never had.

The Chapins’ marriage and coming together as a family began a happy story just as it ended a sad story for Sandy — a sad story she wrote into a poem … and Harry turned into a song.  All at once the story describes both the relationship between her first husband and his father, as well as the relationship between her first husband and her children.  The song was poignant, touching and of the right length, under four minutes.  Harry had his only #1 hit with Cat’s in the Cradle.  Now he wasn’t just famous and well off, he had a substantial cash flow.

______________________________________

There is a lot to do to set up a benefit concert.  Especially when you have to — okay, maybe when you insist on — doing most of it yourself.  Better leave plenty of time, just in case the LIE gets all jugged up.  After a few hasty phone calls and a quick check to make sure that the contracts, music and guitars are all packed – oh, and a fast food lunch – it’s time to hit the road.  The LIE is remarkably smooth.  To heck with that silly 55mph speed limit, 65 is plenty safe.  And besides, the oil crises are long over.

___________________________________________

Born exactly one year after the surprise attack on Pearl Harbor, perhaps Harry Foster Chapin was destined to great things. He surely had great visions. Great aspirations. Harry was out to change the world. He received a commission to the Air Force Academy. But he dropped out: the military was certainly not his style. He transferred to Colgate in his home state of New York to study music and theater, through which he — of course — intended to change the world. He soon learned it wasn’t so easy. When his music couldn’t change the world, he figured out another way: he would use the money and notoriety that his musical success provided to change the world.

Among Harry’s many concerns were the inanity and the evil of Hunger.  And not just hunger, but hunger on a global scale.  Harry founded and funded the WHY (World Hunger Year, which is now called Why Hunger … http://en.wikipedia.org/wiki/World_Hunger_Year).

The foundational beliefs of WHY are: 1) that the world produces every year more food than we can all possibly eat and, yet, people suffer in hunger around the world, and 2) that most causes for hunger are local, and therefore can be solved locally.  But he didn’t just think globally; he also founded the Long Island Food Bank.

Harry was in love with the human race; and wanted to make a huge positive impact.

_______________________________________________

I saw Chapin in concert only once — at Arkansas State University.  I think it was April, 1977.  He was alone.  Perhaps one of his brothers Tom or Steve came out to do a few songs with him.  He had a rather large band and following at that time, and I wondered why he was mostly alone.  Well, it turns out that by this time most of the concerts Harry did were benefits, usually supporting a combination of local charities (philharmonics, theaters and food banks were often favorites) as well as his world causes.  He was WAY ahead of his time; before FARM-AID and LIVE-AID he was putting together concerts with other save-the-world types like John Denver and Elton John. Turns out he often had a falling out with his band, and they wouldn’t perform with him – sure his causes were great, but they wanted to be paid.  Harry didn’t care about the money and couldn’t figure out why they did.

At least two of his songs were views of his own life.  One an overview: the appropriately named Shooting Star, in which a man lost in his own visions is given meaning to life by his wife.  And another song was a portent: 30,000 lbs of Bananas, in which a young distracted driver must negotiate a potentially deadly situation while driving a truck.

______________________________________

Harry lived fast and hard, always on a mission.  He wrote and performed constantly.  Even with a large income, he gave so much money away that he had no idea how much money he had.  He lived simply, driving a 1975 Volkswagen Rabbit, eating quickly and horribly.  Nonetheless, he had the ear of President Jimmy Carter, and lobbied congress on the president’s behalf to get support and funding for the Commission on World Hunger.

____________________

The LIE is really moving now.  Not much farther now.  The concert will be just past the next exit; from there to East Meadow, near Levittown, the humble first post-war planned community — the one that set the model for suburban sprawl.

The 1975 Rabbit has moved to the center lane, preparing to exit soon, as it shoots down the expressway, when — suddenly — it slows from 65 mph to 50, then to 40, then to 30.  The emergency flashers come on.  Cars are whizzing by on both sides.

The driver is trying to make it to the right shoulder.  Something is terribly, terribly wrong.  It slows to 20, then 15 mph.  Is there a chance to slide into the right lane?  No, a car is there and the Rabbit nearly collides with it; the Rabbit’s driver over-reacts, veering to the left.  It hits the car to its left. Careening and over-correcting again, it turns to the right, entering the right lane ahead of an 18-wheel tractor-trailer semi-truck, en route to a delivery at a Long Island supermarket.

__________________________________________

<updated> Thirty-six years ago this summer, on a glorious, sunny and beautiful Thursday noon hour, July 16, 1981, Harry Chapin made his way down the LIE, as he had so many times before.  Heck, New York City was his hometown.  Along the way he passed signs and exits (“that he should have seen“) for parks, buildings and humanitarian institutions that would one day bear his name.

He was a man with a big heart and big dreams.  He had spent his adult life giving from his heart, sharing his dreams.  Now, his big heart had little left in it; on that sunny afternoon Harry Chapin had a massive heart attack right there on the LIE, and at that moment it became, truly, a Distress-way.

His car came to a nearly complete stop, directly in front of a grocery store delivery truck.  The truck was unable to stop.  In a cataclysmic collision, the truck not only rammed the tiny Rabbit, it ended up on top of Chapin’s VW Rabbit.  Ironically, he was under a truck carrying 30,000 pounds of groceries. Miraculously, brave passersby, together with the truck driver, were able to extract him from the car, through the window, just before it erupted into an inferno.  To no avail.  Harry left his heart and dreams behind and moved on, aged only 38.

_____________________________________

When I heard the news that night, where I lived with two friends in a rented house in West Seattle, I got physically sick.  This was a punch to the gut.  My intestines roiled and their contents emptied out.  As was our custom, when someone famous died, we would have an Irish wake – which meant drinking.  For me it was a drowning of sorrow.  And at that time, I didn’t know the half of it.  I just liked Chapin’s music.  I had no idea of what a big dreamer and doer he was.

_____________________________________

I don’t think I would have liked his politics much.  As a dreamer he had the opinion that every problem should be fixed with a big societal toolbox.  He was hanging out with Michael Moore before he was famous, helping keep his little protest-print-shop in Flint, Michigan alive.  I’m sure Harry would be touring the “Occupy” protests, going from city to city, country to country, putting on free concerts and offering encouragement.

But Harry was way better than that.  He didn’t just demand that somebody else, or government, fix problems.  He set out to do it himself.  He poured himself into his beliefs and humanitarian causes.  And THAT I admire.

My lessons from Harry:

  • Life is short, sometimes tragically short.  Get over it.
  • Get a dream and just do it.
  • Tell your stories.  Share your dreams.
  • Be in a bit of a hurry.
  • Enjoy the Music of Life, whatever it sounds like to you.
  • Make no excuses for whatever inspires you, no matter what others may think.
  • Pick causes greater than yourself
  • Listen to your wife

 

Don’t let this be you:

Oh, I’ve got something inside me —
Not what my life’s about.
I’ve been letting my outside tide me
Over ’til my time runs out

— Harry Chapin (song bridge lyrics: Taxi)

Joe Girard ©November, 2011 (republished, slightly edited ©2017)

Notes:

(1) this essay’s title “Another Love Story” is derived from the title of Chapin’s Album: Sniper and Other Love Stories.
(2) Long Island Expressway: I don’t know why it is I-495.  The rule is that the first digit (“4”) is supposed to indicate a loop or bypass to the nominal route (I-95).  Not only is it not a loop, it is a spur and doesn’t even formally connect to the I-95.  Those crazy New Yorkers.
(3) Disclosure: “Even though Chapin was driving without a license, his driver’s license having previously been revoked for a long string of traffic violations, his widow Sandy won a $12 million decision in a negligence lawsuit against Super Markets General, the owners of the truck.” — Wikipedia
_______________________________________________________

 

Joe Girard’s other older essays at essays

 

Final thoughts: Some choice songs:

 

Modest Proposals for American Football and Elections

Somethings need to change.  And I’m not shy about making some suggestions from an “originalist” point of view.

American football and American elections are dying. Let’s make some changes.

Football first.  The games are too darned long. And unnecessarily violent.

Does anyone remember why there is a two-minute warning?  Well I’m old enough to remember that the remaining time shown on the stadium clock was unofficial.  It was just the best guess of a skilled guy up in the booth.  Imagine the home team driving for a winning score with 30 seconds left.  They could try for a field goal, or try to get a little closer and score a touchdown.  And then — shockingly and suddenly — the head referee blows his whistle and announces the game is over. They never got a chance to do either one.  The game — just — ended. Because the time on the stadium clock was unofficial.

The two-minute warning was just that: a warning.  The stadium clock might show 1:32, or 2:32, left in the game.  But no worries, the head referee would stop the game, walk over to each head coach, and announce that there was precisely two minutes remaining. Plan accordingly. Then the game would resume.

Now, decades later, the two minute warning is just a chance to sell more commercial time.  It’s a waste of fans’ time. And a free time out for the team that should probably lose anyhow.

More wastes of time.  TV timeouts.  Team A scores a touchdown.  What happens? TV timeout. Then there is a kickoff.  What happens after the kickoff (which is usually a boring touchback) … another TV timeout.  That’s about 5 minutes of wasted time for a score.

Plus, most punts are followed by several minutes of TV timeouts.  Yes, TV and commercials pay those insanely stupidly high salaries.  I guess that’s why there’s Tivo; to tolerate those 4 hour games.

If you’ve ever been at a football game, you’ll notice all these awkward moments when the teams are just standing around for several minutes.  What’s up? They are waiting for the TV commercials to end. That’s one of the main reasons real Football fans (read: soccer) just don’t “get” American Football.  All that standing around time; all those commercials.

I have more ideas, but will stop with this.  Who really cares if the receiver gets two feet in-bounds? That concern leads to more replay reviews, which can take several minutes a piece.  Go with one foot, like college.  It leads to more scoring, more offense and a faster clock.  That’s what fans want anyhow.

Here’s another one, but not so much about wasted time.  When a player commits a personal foul he should get red-carded, like in soccer.  Then his team must play with only 10 players (or less if more players commit such an egregious foul). Ok, maybe it’s like hockey and it’s only for two or five minutes.

Dead ball personal fouls completely mess me up.  Apologies to non-football people, but consider the following situations.  Team A punts to Team B, who returns the ball a few yards after a tackle. It’s first and 10.  After the play is over, a player from Team B commits a flagrant personal foul for a 15-yard penalty.  Why is it not then first and 25 when the offense comes on?  Nope, first and 10.

Also I’ve seen where team B’s offense converts a first down, and then there’s a dead ball personal foul.  The ball is moved back 15 yards, but it’s first and 10.  Why?  Penalize the malicious penalty. The current process is going way too easy on violence.

Politics and elections have gotten way too divisive.  Yet, the electorate has told us something. Mrs Clinton received 48% of the popular vote; Mr Trump 46%.  We are divided.

Yet Mr Trump won 58% of the electoral votes.

The problem is not the Electoral College system, per se, but the way most states choose to allot their Electoral College votes: winner take all.  Even if the winner gets less than 50%!  For example, in my home state of Colorado, Mrs Clinton took 48% of the popular vote, Mr Trump only about 43%. And yet Mrs Clinton was awarded ALL 9 Electoral Votes (although at least one “faithless” EC voter from Colorado tried to cast votes for someone other than Clinton; and were thrown out by the Colorado Secretary of State).

As Electoral College voters are not permitted to vote their conscience in most states, and the division of votes in most states clearly does NOT reflect the balanced concern of the voters, I make the following suggestion.

Simply: award each states’ Electoral College votes according to how that state votes on a pro rated percentage basis. Assigning only whole numbers of votes, and using the Girard-system, this past US presidential election would have ended up: Mrs Clinton, 261 votes.  Mr Trump 261 votes.  The remainder would have gone to Gary Johnson (14), Jill Stein (1) and Even McMullin (1).

For example: Instead of ALL California’s 55 votes going to Clinton, Trump would’ve gotten 18; Gary Johnson 2; and Jill Stein 1. Further, amazingly, in Wyoming Clinton would’ve gotten 1 vote, and another 3 in Alabama and 7 in Georgia.

In such a situation where no candidate receives a clear majority (270 required out of 538 total) the House of Representatives must decide among the top 3.  Almost certainly they would have eventually chosen Trump. But he would’ve had to negotiate with the likes of Paul Ryan, and he certainly would have been much less of a braggart about his “electoral landslide.” (In the final actual tally, Trump had 304, and Mrs Clinton 227.  There were 7 “faithless electors”; 2 fled Trump, and 5 left Clinton).

Speaking of the House of Representatives, I have one final modest proposal for these bi-annual elections as well.  We all know that many Congressional Districts are highly gerrymandered by political parties to give themselves as many seats in congress as possible. And we know that many Representatives have been in their seats for decades.

Here is my proposal. It has two parts.  First, award a state’s seats proportionally.  Suppose a state gets 10 Congressional Seats. Each party submits the name of 10 candidates.  There are no districts. There is no gerrymandering — at least for CD (Congressional District) seats. Award the seats just like for the presidential electors.

And here is the kicker.  Pick the “winning” names randomly from the original slate.

For example: In Colorado the seats would have been awarded 3 Democrat, 4 Republican and 0 Independent  (the same as the final turned out). Now the excitement starts: Have a lottery show!!  Pick the names from ping pong balls.  No more safe seats.  Even if your party wins 6 out of 7 seats, there is no guarantee that your #1 candidate gets picked. Eventually a de facto term limit kicks in.

Have fun with that.  And it’s all constitutional!!

The two-party system, with entrenched and loud-mouthed politicians, will certainly kill us.  I could at least have football as a distraction as we swirl down the toilet bowl, but they need to fix that too!

cheers

Joe Girard (c) 2017

 

Collegial Codes and Conspiracies

November 20, 2016

A few Tuesdays ago – a day we will all recall for decades to come, if we live that long – I just couldn’t bring myself to watch the election returns. I was disgusted by the campaigning, the candidates, and the pompous potshots by everyone from ants to asshats.

After reading that Nate Silver had the chance of a popular vote/electoral mismatched vote as high as 10% [1] – and hoping to dear God that would not be the case – I squirreled myself safely away from outside earshot of the TV and commenced to thinking about the Electoral College.  Its birth.  Its history.  What it means today.  Then I tapped out a pretty good rough draft of an essay.  A Joe Girard classic format.

The essay was overtaken by destiny. As Rick Blaine (Humphrey Bogard) said in Casablanca: It seems destiny has taken a hand. Maybe someday I’ll finish it and publish it.  Here’s what happened.

I tapped my notes out on my ASUS tablet, onto which I’ve installed the Politico app (a well-regarded and usually considered slightly left-leaning news source).  Politico feeds news headlines – usually very, very occasionally – across the bottom of my screen.  After a couple of hours I took a peek.

Virginia for Clinton.  Of course.

Florida for Trump.  Odd, but Okay, not totally unexpected.

North Carolina for Trump.  Less unexpected.

Then the feed that Ohio was looking like a Trump win.  And possibly Pennsylvania too.

Now to Central Time Zone.  Wisconsin looks like a Trump win.

Oh… My… God.  This could really be happening. It IS happening. I saved the draft essay and browsed to the CNN and Fox sites for maps shaded red, pink, purple, sky blue and navy blue.  Some quick math showed Trump with a very plausible path to 270, well before 10PM Mountain Time.

And THAT was the end of the Electoral College essay.

_______________________________________________

Soon, on December 19, 2016, the 538 Electors from the 50 states, plus DC, will meet in their respective states and District, and cast their votes for President and Vice President of the United States of America. Presumably at least 290 will vote for Donald Trump, and 232 for Mrs Clinton, with the destiny of Michigan’s 16 electoral votes STILL not determined at this writing (although it is looking like a slim margin Trump win at the time of this writing).

This is the “Real” Election for President and Vice President.  When we voted for Clinton or Trump (or whomever) on November 8, we were actually voting for an entire slate of Electors who are pledged to vote for those candidates on December 19.

Some people are saying it ain’t over til it’s over; it ain’t over till the fat lady sings; and other such mixed metaphors. Well, they’re right.  That’s how the system works and Mr. Trump is not officially President-elect until those votes are cast.

Before discussing that, let’s talk about who these Electors are.

They are not just Joe and Jane average-citizen who have signed a pledge to vote a certain way, if they should themselves get elected.

They are party loyalists.  The life blood of their respective parties. Almost always they’ve been very active in their state’s political parties.

For example, an elector from California is Christine Pelosi.  The daughter of Nancy Pelosi.

An elector candidate from Maryland is Michael Steele, the (black) former head of the Republican National Party.  [Maryland went for Clinton, so Steele will not be voting as an Elector on December 19].

All potential candidates for Elector are screened by their state parties well in advance of the election. It’s obvious that the main qualification is party loyalty, and the bar for party loyalty – as you can surmise and see from the examples – is very high.

Can you imagine a Pelosi voting for anyone other than Mrs Clinton?

No, of course not.

But for those who simply fall ill at the very thought of a President Trump, let me offer an alternative outcome.  It involves my own wildly conceived conspiracy.

The Electors were chosen, in most cases, well before it was clear that Mr Trump would be the Republican candidate.

Since their selection by their state parties as Electors, an astounding number of Conservatives and Republicans have gone quite public with their disdain for Mr. Trump.  So much, that they did not support or vote for him.  From the ranks of politicians there is, for example, Mitt Romney and all the Bush families. Karl Rove considers Trump “a complete idiot.” Three term South Dakota Senator Larry Pressler didn’t support Trump. Neither did former Minnesota Senator Norm Coleman (who lost his seat to comedian Al Franken by a few hundred votes in 2008). John Huntsman.  Christine Todd Whitman.

It’s actually quite a long list, which I will spare you the tedious task of scanning.These are big name Republican politicians who openly did not support Trump.  Trump was publicly shunned.

And then there’s the “conservative” intelligentsia.  Jonah Goldberg, chief editor at at National Review (William F Buckley’s magazine!! For crying out loud) lambasted Trump every chance he got.  Glenn Beck ran far away from the “idiot” Trump.  George Will brilliantly pointed out on a Sunday Talking-heads news show this summer that Trump “has been a Republican for all of about 15 minutes.”

These were the “Never Trump” folks. Their cast was large, significant and influential.

That Trump won without much support from the faithful Right is truly astounding.

But could it also be his undoing?  As most of the Electors were chosen before it was certain that Trump would be the Republican candidate … could they turn the tables on him since so many “Conservatives” and “Republicans” don’t consider Trump a true Republican? Not a qualified representative of their “party of values” to serve as President.

That’s the genesis of my conspiracy theory.

Now, don’t presume that ANY Republican Electors will vote for Mrs. Clinton.  Not gonna happen. Mrs Clinton is stuck at 232 and no petition is going to get her to the 270 needed to be President.

But … What if 37 or more Electors conspired to cast their Presidential vote for someone more … uh, digestible… than Trump?

That would reduce his tally from 306 to 269, or less.  A person cannot be elected President outright by the Electoral College with fewer than 270 votes.

But whom would these 37 (or more) unfaithful Electors vote for, and how would they choose such a person?

Well, consider the Constitution’s provision in such a case. The House of Representatives chooses the next President, and they can only choose from among the THREE candidates who receive the most Electoral votes. [In 1824 John Quincy Adams ran second to Andrew Jackson in the Electoral tally, but was chosen by the House as 6th President, since Jackson did not secure a majority of Electoral votes and was considered, by many, to be too wild and uncivilized to be President.  He eventually did win outright in 1828 and 1832).

Here’s how the House of Representatives chooses: Each state gets only ONE vote.  And a clear majority, that is 26 states, is required.

When the new Congress is seated, next January, the Republicans will have a majority of Congressional seats in about 33 states, the same as now.  Suppose … now just suppose, a band of unfaithful Republican Electors spoke secretly with Republican House leaders, including Speaker Paul Ryan (WI) and decided to bump Trump.

In this conspiracy, 37 Electors (who are sworn and pledged to vote for the Republican candidate, Donald Trump) break their pledge.  Most vote for the pre-arranged preferred candidate, let’s say it’s Joe Girard.  Ha!! Just kidding.  Let’s say Mitt McCain (another fictional character). Who then comes in third place.

When the votes are sent to Washington, no single candidate has a majority.

The top three candidates are sent to the House for consideration.  And John Romney is chosen.

Yes, this is the stuff of cheap fictional novels.

And it’s not going to happen.

But it IS possible. Trump COULD still be thwarted.

Sincerely, I am your conspiracy theorist …

Joe Girard © 2016

[1] Nate Silver has become something of a highly regarded prognosticator in election season.  I think he’s more of an eccentric and talented statistician.  A wizard with numbers.  Here are a couple of his newsfeeds in the last week before the 2016 election.

(a) http://fivethirtyeight.com/features/the-odds-of-an-electoral-college-popular-vote-split-are-increasing/

(b) http://fivethirtyeight.com/features/election-update-the-campaign-is-almost-over-and-heres-where-we-stand/

[2] Politico is highly regarded. I take it to be slightly left leaning by this review, and that it’s editorial leadership came from Washington Post. http://www.allsides.com/news-source/politico

Also slightly Left per this research (as well as NPR’s taxpayer funded slight Left lean):

http://www.forbes.com/sites/jeffbercovici/2011/03/22/science-settles-it-nprs-liberal-but-not-very/#414296f499e8

 

Election 2016

Here it is election eve, November 2016.

For the most part, I’ve bit my tongue — and muzzled my keyboard — with regard to politics this election season. And I promise to go easy now that I’ve loosened my leash a little bit. I’ve certainly had a lot go through my mind. I’ve often felt like sharing it here. But this election season has been so terribly awful and disappointing that I decided to exercise considerable restraint rather than subject anyone to even more abuse.

What follows is brief, and based mostly on a short email that I sent to my good friend Kevin, who in turn included it in his daily Good News Today newsletter.  I wish it had more good news, but sometimes the truth is not all good.

This is regarding election choices and exercising your right to the franchise.  And the fact that many of us, Kevin included, dared to share their decisions and the reasons for them.

There are obviously going to be differences of opinion. It is a difficult year for many of us.  Recent exchanges of banter and bickering have spawned several thoughts in my busy little head. Mostly, I try to not be critical of people’s selections and thinking.  Voting is a personal choice and I realize we are all of us individuals.  And that means “different.”  But there are some cases where I can’t help myself, I grow critical and judgmental — although I try to keep these thoughts to myself and would not squelch such people even if I could.  There are two such cases.

One is voting for someone because of what they have between their legs, even if it is only one of many criteria. That’s sexist and shallow. Intelligent votes are based on what’s between their ears and their resume’.

The second is when people attack a candidate they don’t prefer on non-policy grounds (e.g. Trump is a sexist pig who can’t string two simple sentences together; Clinton is a lying criminal who got rich without ever producing anything of value that Joe-or-Jane average US citizen can relate to). This second type of opinion that causes me to be judgmental only applies when it is pretty obvious that the argument is made by someone who almost certainly would have voted for the other candidate anyhow.

I cannot help but see such attackers as draped in their own self-made mantle of sanctimony while sitting on their imaginary throne of self righteousness. “News” provider people who do this are even worse. (e.g. Sean Hannity, Don Lemon). I’m not proud that I do this judging. Maybe it’s my own form of sanctimony and self-righteousness.

99% of the attacks on Trump (and there are many good reasons for them) that you see and hear are from people who would have voted Democrat anyhow.  And vice versa. Probably 100%.   I wear myself out with restraint when I read or hear someone criticize a candidate that they wouldn’t vote for even if that person were a saint.

So, finally, at long, long last, this will soon be over.  This squabbling over candidates only increases the chance that we as a nation will continue to grow ever more fragmented and distrustful of one another — a Grand Canyon growing between us.  Neither Mrs C or Mr T have demonstrated an ability to unite us; let’s not make it worse by doing the work for them, and tearing ourselves apart.

It’s okay to praise a candidate. Even the other side once in a while.  It’s okay to respect others’ voices.

When it’s all over, Clinton or Trump in the White House makes no difference to your happiness, your health, your human dignity and your relationship with others.  They can’t make you happy, successful, pleasant, magnanimous, rich or generous.  You have to own all that yourself.

So, no matter what happens tomorrow, November 8, go out there everyday and make it a point to not just be nice to people who voted differently than you. Take time to listen when they dare to share their points of view, their logic and their passions. If they “attack” your candidate, this is a great opportunity.  “Yes, I can see that.  Of course. But what if it weren’t Trump or Clinton?  What if they were a truly decent human?  How would you vote then? What is important to you?” Listening is the most important quality. If you haven’t really learned anything, then you probably weren’t genuinely listening.

Really try.  Otherwise this election will just drive us farther and farther from each other.

Wishing you peace.

Joe Girard (c) 2016

 

 

 

 

 

 

Decision 2016: Not Lard Dump

 

Not Lard Dump

 “He (Donald Trump) is a good and honest man.”
– Larry Arnn (President of Hillsdale College)

“… I will never look at that fleshy pile of vanity, crudity, and deceit and say: ‘There’s a good and honest man.’  ”
– Jonah Goldberg (senior editor of National Review)

Fairly regular readers will note that I’ve pretty much avoided politics for quite some time.  I’ve ventured slightly into that area occasionally; for instance last month I risked a brief walk into the mine field, touching on the issue known as “Citizens United”.  [We are all citizens, not united]

Discussing politics turns people off; drives readers away.  So I only dabble in that arena.   And then Donald Trump happened.

I was searching for the right words to describe The Donald. I had an overly long list going: boorish, crass, braggart, childish.  He’s … he’s … and then I came across an essay by Jonah Goldberg with the words in the header.  [Jonah Goldberg will not “come around” to supporting Trump]

“Fleshy pile of vanity, crudity and deceit.” Concise, descriptive and complete.  That’s why Goldberg is the professional writer, and I am not.

I have no horse in this race.  I could go off on Clinton, Sanders or Cruz ad nauseum with facts – chapter and verse – to justify my loathing.

Yet, I’m aware that each of these candidates has loyal followers who are decent people; who can rationalize their support.  Yes, the rationale ranges from shallow and simple to deep and profound.  In fact, a good reason to support any one of them is that they are not the other three. I generally don’t criticize other citizens for whom or for what they support; but I feel completely authorized to analyze and criticize candidates, parties and issue positions.

This one is for Donald Trump.  Sure he’s smart.  He’s rich. He’s slick and irreverent. To some extent I “get” the support for him (which I see as rather similar to Sanders’ support): people are angry.  But, as Goldberg writes: “Let me ask you something: How many times have you been justifiably angry in your own life yet still let your anger lead you to a bad decision?

And it is, indeed, justifiable anger.  The “system” has not worked.  Blue collar jobs are waning.  Average is synonymous with mean. And average wages are mean: adjusted for inflation mean wages have decreased for the middle class (and below) over the last 25 years. Virtually all of the Fed’s Quantitative Easing money has ended up with the 1%, with the banks and financing mergers.  Banks are bigger than ever.

And there’s confusion, and frustration, and complexity. The world is complex.  The economy is complex.  There’s creeping evil and chaos in the world.  Trump (and Sanders) offers catchy slogans for responses (although few valid solutions). For Trump: Let’s Win!  I’m smart and rich; trust me!

Looking at the larger world milieu, we can see that Trump is not unique. In a world context, the “right wing xenophobic reactionary anger” that Trump seems to represent is on the rampage, like Rommel racing across the open fields of France.  In Germany and Austria the xenophobic “Alternativ” parties are very vocal (AfD and AfÖ). In Great Britain, it’s the anti-immigration Euro-skeptic UKIP. In France, it’s the National Front (FN).  Netherlands? Geert Wilders leads the xenophobic nationalistic Party for Freedom (PVV).

Not to be outdone, such parties have not just come to prominence; they’re running the country in Poland and Hungary. And more: populist right wing xenophobic parties are running countries from Finland to Macedonia, from Switzerland to Norway, from Estonia to Norway.

So, Trump and the US are not unique here.  Accepting that Trump is rich and smart, and accepting that he is a clever media-playing populist, let’s go just a bit deeper.

Going a bit deeper we find, as Gertrude Stein famously said: “There is no there there.”

Insofar as intellectual depth, intellectual breadth and even intellectual curiosity are concerned – I submit that Trump is a lightweight.  A self-loving, bombastic, emotional simpleton.

I submit three examples.

__________________________________

  1. I’ve watched a majority of the debates and town halls. [Yes I have a disease.]

In a recent CNN Town Hall Trump was asked: what are the 3 most important duties of the federal government?

This is a classic “softball question.” It is the sort of question that any thoughtful person – and especially a candidate for any national office (let alone President) – will always have a ready answer for.

Here’s what happened. Via my paraphrasing Trump said “the most important thing the government can do is protect its citizens.  So security is number 1.  It’s so important, that the top three duties are security, security and security.”

Good start. Security. Then … completely feeble.

Anderson Cooper tried to help him.  “Is there anything else the government should do?”

Trump: “Well there’s Health Care and Education, and you go on from there….”

You go on from there?  Is he a statist?  At this point, Trump has clearly knotted the noose, tied it to a branch, climbed up on a stool, and stuck his neck into the loop – at least to any thinking Republican voter.

Cooper tried to help him again.  “So you’re saying that the Federal government should be more involved in Health Care and education?”

Trump then kicked the stool over: Yes.  What’s being done now isn’t right.  We can do better. Security, Health Care and Education.”

For the next 30 minutes Trump continued to display ignorance and lack of thought. He pouted and smiled.  He has more facial expressions than Jackie Gleason. And more one liners than Henny Youngman.  He swayed gently in the breeze, hanging from the tree.

As a populist Republican, Trump could have said something like:

“Every nation must protect itself and its interests.  Every citizen of every country has a reasonable expectation of safety to be provided by their government. So priority #1 is security.  It’s the only ethical and common reason for any government to exist since the beginning of time.

“Moving on we have to consider what makes us unique as Americans.  So #2 you have the defense of individual rights.  We can start with the enumerated rights of the Constitution’s Amendments, especially the Bill of Rights: freedom to assemble, freedom to worship, speak, … and legal rights like fair legal processes.  And, for #2, we expand to rights that we’ve come to expect that are not in the amendments.  We have a reasonable expectation of privacy, to travel, to conduct commerce,  … Because really, this is a beautiful country.  I love this country.  And it’s often called a free country. The 9th Amendment basically states that rights of people not listed in the Constitution are still rights. So #2, we protect the citizens’ rights from government.

“And now #3, which is consistent with the spirit of American expression.  Government must do all that is practicable to ensure a level playing field.  All individuals have gifts, skills and intellect; and it’s in our DNA to desire to grow these, to use these, to contribute these gifts to the greater good of society, the good of ourselves , the good of our family, and for our posterity.  If a bright hard working young man in Detroit can’t have a reasonable path to individual actualization – similar to a young lady, say, from Beverly Hills – then we are all being cheated.  That young man is worse off.  Detroit is worse off. America is worse off.  We are all worse off when all of us – in all of our diversity – do not have as level a field as possible to aspire, grow, contribute.

“So the top 3 responsibilities – and not by any means all government responsibility – are security,  rights and a level playing field.”

FAIL

_______________________________________

  1. Trump recently fielded a hypothetical question from MSNBC’s Chris Matthews about abortion (Matthews is hard left and always eager to trap any Republican). It is mind-boggling that any candidate – especially a Republican candidate for national office – would not be well-coached and well-prepared for such a question.

    The paraphrased question was: If abortion becomes illegal, should the woman be punished?

Trump’s simplistic answer (which he made several attempts to walk back later): Yes. You need to have some punishment.

Matthews actually tried to help him!  What punishment?  10 cents?  10 years?

To which Trump had no answer other than: I don’t know.  It’s complicated.

Really? Complicated?  This was such an easy trap to avoid. If he gets the party nomination, this video will haunt every Republican candidate come November.

Let’s start with Trump’s own words and try a better response.

“Abortion is complicated.  It’s because life is complicated.  Look, reproductively speaking, it’s unfair that woman carry the burden – literally – of carrying a baby to term.  Of giving birth.  And since life is complicated, pregnancy is complicated.  I’m sensitive to the myriad stressful and inconvenient circumstances that could lead a woman to consider abortion. Really, I am sensitive.  I’m sympathetic. My heart goes out to them.

“Look, this is a hypothetical question.  Right now the law of the land has been established by Roe v. Wade.  And that says woman have the right to confront life’s complications armed with the option of abortion.  As president I will enforce the law of the land.

“If and when abortion becomes illegal, I would never push for any punishment for the woman who’s made that choice.  In many cases, most cases I’ve been told, she will likely carry a psychological burden for years, if not the rest of her life.  That’s punishment enough.

“Do I like abortion?  No.  It is a violent option.  It ends a beating heart.  That’s why I support so many wonderful organizations – not Planned Parenthood – organizations that help women struggling with problem pregnancies. They’re encouraged to carry the baby to birth.  We give them financial and health resources.  Sometimes they abort; mostly the don’t. They baby is adopted – there are so many loving couples who’d love to adopt. Sometimes she keeps the baby to raise as her own.  We provide more financial and health resources so that the child can grow up in a healthy and loving environment.

“Chris, there are no easy answers.  We do what we can.  Even though I said I’d enforce the law as chief executive, I’d never enforce punishment on a woman who decided that abortion was the right option for her unique situation.”

_____________________________________

  1. Number 3 is a bit shorter. In a recent interview with the Washington Post’s Bob Woodward (of Watergate fame), Trump predicted that we’d soon have a major economic meltdown.  The system is screwed up.  Fair enough.

But he went on to say that if he’s elected president, the federal debt of $19 Trillion (a truly mind-boggling amount) would be eliminated in 8 years.   HA!

In the shadow of disaster he’s going to eliminate a debt that took almost 90 years to amass? [Here, I’m dating back to the dawn of the Great Depression].

When pressed how he’d eliminate the massive debt (let alone the annual deficit, which is currently running at one-half trillion dollars per year, and projected to run at least that high through 2020) Trump said simply that he would re-negotiate all of our trade agreements.  Citing an annual balance of payment trade deficit with China of about $500 Billion, Trump offered no other explanation, except “I’m a great negotiator.”

[Actually our entire worldwide trade deficit is about $500 Billion [1]; our deficit with China is about $360B [2]]

Evidently Trump seems to think that if the trade imbalance were removed – trade that occurs between corporations and individuals and has little to do with the government  – all of that money would somehow end up in the federal treasury.  And that wouldn’t even extinguish the annual deficit, let alone the Everest-sized total debt.

And how in the world could this be achieved in an atmosphere of imminent financial doom?

Trump may be a genius in real estate, media manipulation, reality TV, getting people riled up, and bankruptcy law.  But he is not intellectual or thoughtful or careful enough to be allowed anywhere near the Oval Office and the Executive reigns of power.

The more he talks, the stupider he sounds.  Keep talking.

Joe Girard © 2016

Note: the subtitle “Not Lard Dump” is an anagram of “Donald Trump”. Of the many options, I did not use “Damn Turd Pol” or “Dump Lord Ant.”

 

[1] https://www.census.gov/foreign-trade/statistics/historical/gands.pdf

[2] https://www.census.gov/foreign-trade/balance/c5700.html

 

 

 

 

We are all Citizens, but not United

Author’s note: 3/13/2016 — On the occasion of my first visit to Barr Lake State Park, Colorado

We are an organization dedicated to restoring our government to citizens’ control.
Through a combination of education, advocacy, and grass roots organization, we seek to reassert the traditional American values of limited government, individual freedom including freedom of enterprise, and national security.
Our goal is to restore the founding fathers’ vision of a free nation, guided by the honesty, common sense, and good will of its citizens. [1]

There are very, very few natural lakes in Colorado, outside of the mountain area. Probably zero. Grand Lake, from which the Colorado River flows, on the western extreme of Rocky Mountain National Park, is the only significantly sized lake in Colorado, but it is in a pretty mountainous area. Fact is: most of Colorado – particularly east of the Rockies – is parched most of the year. Hence: no lakes.

This was a problem for 19th and early 20th century farmers. Creeks and shallow draws would fill with water during spring and early summer snow-melt run-off, only to go mostly dry for most of the rest of the year. Farmers united to form cooperatives and local water management corporations to manage water so that food could be produced for Colorado’s rapidly growing population. And for its growing economy.

Even a mildly casual observer of eastern Colorado’s terrain notices that it is crisscrossed with ditches and pock-marked with man-made lakes. These provide water – with senior and junior water rights – via Western water law. Such laws can appear as twisted as the ditches and canals that were developed along with them.

One of the water gems in the Denver area is Barr Lake. Originally a buffalo wallow [2] near current Brighton and Lochbouie, it was a low draw that gathered water in the spring and early summer, allowing grasses to grow and attracting animals like the bison, rabbits, coyote and hawks. The location gained interest as a potential reservoir when the Burlington & Quincy railroad came through in the early 1880s (a well-used Burlington-Northern line still passes by there).

Over the decades a ditch was dug which drew water from the South Platte River to this low-lying area. The ditch was enhanced and — for a while — others added. A dam was added, and  large reservoirs were built that provided a huge number of benefits. Eventually the reservoirs were joined into a single large water management body of water: Barr Lake.  But the bottom line was it provided a steady supply of water. Water for farmers – at first mostly sugar beet farmers: at the time referred to as white gold. Water for native trees like Cottonwoods to grow. Water attracted waterfowl. Fish came. Eagles, osprey, even seagulls. It became an end-point and a stop-over for migrating birds. A gem.

Since the early 1900s the Barr and Milton Reservoirs have been owned and managed by the Farmers Reservoir and Irrigation Company (FRICO). FRICO was incorporated in Colorado in 1902, as a corporation with the mission of protecting the water quality, and steadying the quantity, of water available for agriculture in and on the front range of Colorado. This is the beginning of how many of the Farm-to-Table and fresh Farmer’s Markets products get to our tummies every week, every day. Agriculture is a multi-billion dollar industry in Colorado. It provides food, and jobs. Barr Lake is central to that.

FRICO manages Barr Lake in coordination with the State of Colorado’s Wildlife and State Park departments. Eagles nest and winter there. Osprey spend their summers there. It is host to an education center and a raptor center. It is the locale of some of the best birding in Colorado. Barr Lake is central to the wonderful wildlife of Colorado’s front range prairies.

Birding at Barr Lake, Brighton, Colorado

Birding at Barr Lake, Brighton, Colorado

Now, I want you to imagine a situation wherein a legislator or executive of the state of Colorado (or the Federal Government) wished to do something to harm the interests of the farmers, nature enthusiasts, and birders of Colorado. Perhaps they wish to allow a little more industrial effluent into the canals that feed the lake. Perhaps lay state’s claim to the water for some use they deem could help raise more tax dollars; like more suburbs.

Would we allow FRICO to speak in defense of the lake? If the politician had a shady past and questionable judgment, would we allow FRICO to allege that the politician had ulterior motives … that they didn’t hold the best interests of our citizens in high priority? Would we allow them to produce a documentary movie?

Hold that thought.

I live in the town of Erie, which is an incorporated Town in the state of Colorado. Naturally, it has a Chamber of Commerce, which is an incorporated corporation in the state of Colorado with the mission to promote the community; to promote its economics, businesses, environment and culture.

Imagine a situation wherein the state has legislators, or candidates for office, who wish to impose their own visions on Erie. More fracking, less fracking. Taking 10% of our water rights for state needs. Revoking access to commercial areas. Limiting annexation possibilities.

Would we allow the Chamber of Commerce to speak in defense of the interests of Erie?

To point out where said politicians had demonstrated poor judgment in the past? To produce and market a movie about said politicians?

_____________________________

For almost all groups of individuals who have some common interest … corporations are formed. Be they Home Owner’s Associations, Labor Unions, Kiwanis Clubs, Optimists Clubs and Rotary Clubs, or Wal-Mart and Home Depot.

Some groups, like from the quote atop this essay, wished to inform the public about a candidate for president whom they found especially egregious. The year was 2007 and her name was Hillary Clinton. Do we allow people to express their concern about her qualifications and history? They made a movie about their concerns and were subsequently sued.  The suit ended up in the Supreme Court. In the end — long after the election — they won their case: the freedom to express their views.

You might recognize this as the famous/notorious “Citizens United” case. (Actually Citizens United vs. Federal Election Commission). Perhaps not. But the claim (mostly from the Left) is that “corporations aren’t people.” At least insofar as freedom of speech is concerned.

Many are very agitated that “corporations” have a free voice in politics. About how our country is run. I can’t completely disagree with that. I’m concerned too.

Great. Let’s go with that. Let’s shut down free speech for corporations. If free speech and access to deliver a message is bad for Citizens United, and Nabisco and Hersheys and Exxon and Chevron and Monsanto … then it’s bad for the Farmers Irrigation and Reservoir Company, most Chambers of Commerce, most community service organization, Home Owners’ Associations, Unions and …

Let’s hold on a minute. Magazines, and Newspapers and TV stations are corporations. Or they are parts of corporations. They often do the hard legwork of investigative journalism that tells us what is wrong with US politics.

Think early 1970s: Woodward and Bernstein at the Washington Post. Deep Throat. Exposing a sitting president (Nixon) as obstructing justice. A defiled president then resigns in ignominy. And rightfully so!!

If we shut down political free speech by corporations, we are effectively saying that magazines and newspapers and radio programs and TV programs and even on-line blogs have no right to express their opinion. Or attempt to express their opinions. Or make movies …

Because … OMG! … they might be corporations.

Maybe all these “Citizens United” worry-warts are all correct. But it is a very, very slippery slope. Here in the United States we protect freedom of speech, even if it is from a corporation, or from someone whose message we really don’t like.

And if it’s money in politics we’re actually afraid of, remember this: for the 2016 election … no one was better funded than Jeb Bush. After that, it’s the same Hillary Clinton, who has had no problem tripping all over that money and — perhaps fumbling the ball directly into Bernie Sanders’ arms.  Or worse: Donald Trump’s.

I admit to being conflicted. I might be wrong. Yet, even in this case I choose to cling tightly to expansive interpretation of First Amendment rights, which includes freedom to express thoughts and freedom of press — whatever we might construe “press” to mean in this digital era. I welcome your comments, either below or via emails.

Joe Girard © 2016
joe@girardmeister.com

[1] My adaptation of the mission statement of Citizens United.

[2] Officially, there are no “buffalo” in North America. Any such animals are actually Bison. Still, terms like Buffalo Wallow are commonly used.

Dewey felt Bluey


When Dewey Felt Bluey (And Harry Didn’t)

Guest Essay. By John Sarkis 2015 ©

November 3, 1948 – 67 years-ago today, President Harry Truman boards his train at St Louis Union Station, and is handed a copy of the Chicago Tribune, bearing the headline, DEWEY DEFEATS TRUMAN.

Probably the most famous election headline ever -- Dewey Defeats Truman, 1948

Probably the most famous election headline ever — Dewey Defeats Truman, 1948

As the incumbent President, Truman covered more than 22,000 miles, making 271 speeches in his “whistle-stop” election campaign. But FDR’s previous Vice-President, Henry Wallace, had decided to enter the Presidential race on the Progressive ticket. And Democratic Governor, Strom Thurmond (SC), was running on the “State’s Rights” ticket, also known as the Dixiecrats. So with the party divided into factions, most polls and political pundits were predicting an easy Dewey victory. As a U.S. District Attorney, and later as special prosecutor, Dewey came to prominence by his pursuit of organized crime figures, Dutch Schultz and “Lucky” Luciano, as well as white-collar crime figures, including sending the former President of the New York Stock Exchange to prison. [editor’s note: Take that, current DOJ).

For those of us not alive at the time, it might be hard to understand, but Thomas Dewey was the American Hero of his day, considered second only to Charles Lindbergh in popularity. Several movies, and a top radio show of the day,”Gang Busters”, were modeled after his career. Having been the Governor of New York since 1943, he had been the Republican nominee in the previous election, which had been FDR’s narrowest victory.

After voting in the city of Independence, MO, the Truman family spent the night in Excelsior Springs, where Harry went to bed early. Based on the results available at that time, Truman assumed he would lose.

Editors of the Chicago Tribune assumed the same, and with their regular staff on strike, the first-edition deadline was even earlier. Managing editor J. Loy “Pat” Maloney had to make the headline call, and he relied on the record of Arthur Sears Henning, the paper’s longtime Washington correspondent. Henning said Dewey would win. When they realized their mistake, the papers were recalled, but it’s estimated 150,000 made it into circulation, including those headed to St Louis.

_________________________________________________________________________

John Sarkis posts regularly at the Facebook page for “St. Louis Missouri. History, Landmarks & Vintage photos”
John is a native Saint Louisan, is retired, and now lives in Kirkwook, Missouri, a suburb of Saint Louis.

Editor’s further notes: I know about the fractured ticket, the Dixiecrats and Dewey’s “Rock Star” status.  However, the strike at the “Trib” makes the story of the headline more understandable.  — JG

Miss Buzz; Double Click

Dateline: April 12, 2015

It was quite breezy along the front range in Colorado today. A strong high pressure pushed air currents over the Rockies and pulled down some cooler Canadian air.

One of Zephyr’s effects was to tug at the many petals that had emerged these past 10 days or so, as spring had sprung to life.  I was noticing mostly the brilliant whites and pink blossoms of fruit trees, not to mention lilacs and many others. The petals, like mute winged fairies, floated gently, settling near their twiggy sources.

I recall last year about this time — when working on pruning some shrubs and doing some early weeding — that I heard a tremendous buzzing. Like an enormous joy-buzzer was going off in the neighborhood.  I could not discern its source, so I continued busily at my tasks.

After a few minutes of attentive listening while puttering away, the source become evident: our non-fruit-bearing apple tree only 15 feet away was in brilliant full bloom!  Upon it and about it were thousands and thousands of bees doing their business.

Busy Bee at work

Busy Bee at work

It was beautiful.  I moved myself right up to the trunk of the tree, leaning against it,  and enjoyed the sense of life happening all around me.

We’ve heard so much about bees being in great distress.  It was good to see them healthy, buzzing, making honey for their hives and maybe some Pooh Bear somewhere.  Life on earth would be so much poorer without the diligent contributions of the hardworking honey bee.

This year it’s been different.  As I’ve walked about the neighborhood and worked in our yard this past week I have heard no buzzing.

At first I didn’t think much of it. Then I guessed perhaps it was a sort of tone-deafness on account of the incessant ringing I’ve had (at just under 4,700Hz) in my head since the car crash, last May 1.

But no.  I’ve walked right up and into the branches of many full-bloom fruit trees. There are hardly any bees. On each tree I can find at most two, or three. No Buzz. This saddened me.

I’m usually rather skeptical to the insistence of greenies and tree-huggers that we have to do this, and do that, and sacrifice our way of life, in order to save this or that aspect of Mother Earth.

But the plight of the bees is, I believe, real.  Bee populations have been caving. Hive collapses (CCD: Colony Collapse Disorder) are epidemic. They’ve been overcome by parasites, most notable Nosema ceranae. Fungicides have made the problem worse; not necessarily by directly killing the insects, but by weakening their resistance to parasites. And insecticides have indeed had a direct effect; if not killing adult bees, then by killing the larvae who consume nectar from the pollen.

Agriculture in this country would take a horrible beating if we lost our bees, not to mention much natural beauty.

________________

I’m kind of ashamed to admit that as a young boy I would catch bees in jars, like empty Flintstone Jelly or Skippy peanut butter jars. Actually, I’m also kind of ashamed to admit that I ate Skippy.  But what did I know? I recall once proudly showing my mum a jar full of perhaps two dozen honeybees, and a few clover blossoms, in an old  jar. She was not impressed.

Wisconsin lawns were full of sweet, sweet clover.  And the bees loved it. It was almost unfair. Almost. When a wee bee lit on the little pollen laden ball-looking blossoms, I’d lean over, crack the lid of the jar, and slide it over the bee and blossom together … and into the jar they would go.  There may have been some informal contest between some lads in the neighborhood to see who could capture the most bees.  In the end, we’d set them free. We often got a sting or two in the process.

Later, with more than a twinge of guilt, I learned that honey bees die shortly after delivering their sting. So simply are they designed that they make the ultimate sacrifice just to defend their blossom, their payload, or their hive … which is pretty much all the same thing to them.

Catching Fire Flies was more difficult.  No sweet bait to lure them.  But it was more practical, no?  If you could catch a whole jarful you’d have a natural lantern for the rest of the evening.  Try as we might, it never seemed to work out that way.  My sister was better at catching fire flies: more patience. But at least we didn’t get stung. And no fire flies died.

I actually do miss the buzz.  The spring buzz.  Busy bees are buzzy.  And that’s good. But if the ringing in my head ever goes away, I won’t miss that [(it’s not really in my ears, but I “hear” it)].

__________________

Meanwhile, my knee replacement recovery is going well.  Of course, it’s not as quick or as continuously improving as I’d like.  It still swells and gets a bit cranky. The muscles are learning how to work with their new partner.

I had written just before the replacement surgery that my left knee — the one I called “Click” — was going away. [essay here]

Well, I have a surprise lately: new knees “click.”  Especially when climbing stairs, or when tired.  Turns out the muscles have to tighten up a bit after surgery and patients can experiencing clicking — even clunking — for a year, or more. Oh well.

Now I call my left knee “Double Click.”  Or sometimes “Click Two”; (or Click Too).  It’s like a whole new relationship.

_____________________

Today’s breezes portend things to come later this week. Some chilly, wet and breezy weather should bring much needed moisture and … gasp! … perhaps a few inches of snow.  A not uncommon occurrence in Colorado — April snow.  But it usually means bad news for all those white, purple and pink pretty petals.

Good news/bad news about Double Click: I no longer get arthritic pain when storms approach and descend upon us. That’s good, but I had gotten used to the extra warning.

Cheers and wishing you a healthy spring and a fruitful summer!

Joe Girard © 2015

Postscript update, April 13, 2015: The bees are back.  I heard and found them en masse during neighborhood walk today! Yay! Not quite as many as last year, but the apple tree in our front yard was abuzz this afternoon. (see photo below).

 

[1] http://qz.com/107970/scientists-discover-whats-killing-the-bees-and-its-worse-than-you-thought/

[2] http://www.beyondpesticides.org/pollinators/chemicals.php

[3] http://www.theguardian.com/environment/2008/may/23/wildlife.endangeredspecies

 

Bee on Blossom, Girard front yard, 4/13/2015

Bee on Blossom, Girard front yard, 4/13/2015

Fee, Fie, Foe — Fumble

 

There is an obscure monument located, pretty much, in the middle of nowhere, Kansas.  Well, not actually nowhere: it is among some corn fields and a pig farm, about 2 miles northwest of Lebanon, KS (population 218).  But then again, maybe as close to nowhere as you can get — Lebanon is in Smith County, whose population has dwindled to fewer than 3,800 … at a lonely 18 folks per square mile, it’s even less populated than when it was formed back in 1872.Slide1

 

To give an idea as to its significance, or lack thereof: the monument’s coordinates have precisely been determined to be 39 degrees, 50 minutes North Latitude; 98 degrees, 35 minutes West Longitude.  That puts it exactly 12 miles south of the Nebraska state line, and almost exactly halfway between Missouri and Colorado.  Evidently a whopping 1,200 people visit there each year, including the few who use the tiny chapel at the site to get married.

 

A century ago, in 1912, Arizona became the 48th state, completing the contiguous United States (plus DC, to be precise, so I will call it 48+).  At the time the United States Coast and Geodetic Survey decided that this point is the Geological Center of the United States. [1]

 

It will serve as a nexus for showing that you can pretty much find whatever it is you are looking for.

 ____________________________________________

 

There is a number that mathematicians refer to by the Greek Letter, Φ.  It has a number of curious properties.  Before we drift into a bit of math (really, it won’t be overbearing), I wrote a poem about, or perhaps an ode, to Φ. [2]

 

FEE, FIE, FOE, — Fumble

 

Φ: a special number golden

Some say it rhymes with “me”.

But mathematicians told ’em:

“No it can’t be said as ‘fee’.

You should pronounce it ‘fie’.”

So now, it rhymes with “I.”

 —

Its character irrational.

Its digits never ending.

Its ratio most fashionable;

Nature applies its trending.

So “me, myself and I,”

Could be compared with Φ.

 

This number, Φ represents something special to some people, most of whom are odd.  For instance, the author Dan Brown, of “The da Vinci Code” notoriety.  It is the “so-called” golden ratio, supposedly perfect and wondrous to behold.

Its decimal value is infinitely long, but we can simply refer to it as 1.618, or 1.618 …

Turns out it shows up in some unusual places, but before we go to those places, let’s consider some of its qualities.

The inverse of Φ (i.e. the number 1 divided by Φ, or 1/Φ) is 0.618… — or the exact same digits after the decimal point:  i.e Φ-1=1/Φ.

Some folks, Dan Brown included, make quite a deal of the fact that the ratio of sequential numbers in the Fibonacci series quickly converge to quite close to Φ.  [Quick Fibonacci overview.  Take the first 2 natural numbers: 0 and 1.  Add them to get 1.  Add the last two numbers in the series, now 1 and 1, to get 2.  Repeat.  Add 1 plus 2 to get 3.  Add 2 plus 3 to get 5.  So: 0,1,1,2,3,5,8,13,21,34,55 … Note that the ratio of 55/34 = 1.619)

In fact, who needs Fibonacci? Brown, supposed son of a mathematician, is a simpleton. If we take any two non-zero numbers (even complex numbers) and add them to get another number; and then keep adding the last two numbers in the sequence to get yet another … well, the ratio of the last two numbers quickly approaches Φ.

Folks get all worked up about how this ratio is the perfect construction for all sorts of things: from faces and limbs, to animal bodies and tree structure, to even architecture — ancient and modern.  Dan Brown contorts himself to prove this in The da Vinci Code; but careful checking shows that he was very discriminating in sharing his set of facts.  In other words, he only found (and shared) what he was looking for.

Fibonacci numbers do show up in nature, mostly in plant leaf and cone structure.  As a consequence Φ can be inferred.  Still, mostly you have to really be wanting to find it: it’s like saying “Ah ha!  I keep finding this ratio (fill in the blank … could be two or three or 3.14).”

But regarding Φ, I have found it in some unusual places …

To convert miles to kilometers, you multiply by 1.6093.  Dang near phi.

The ratio of earth’s orbital period, 365.24 days, to her planetary twin Venus’ orbital period of 224.7 (earth) days, is 1.625.  Pretty close, too.

Slide2

Looking at a map of the United States and locate good ol’ center of the 48+, near Lebanon, Kansas, at almost exactly 40 degrees north latitude.  The distance coast-to-coast directly East-West through this point is 2550 miles.

Border-to-border, directly North-South through this point is 1570 miles. The ratio is 1.62.  Rather close to Φ, for no apparent reason, but I found what I was looking for, didn’t I? The United States is perfectly proportioned.

 

OK, just a couple more.  Here is a population density map of the United States, with population distributed by latitude.

Slide3

Notice that really high peak around 40 degrees north?  That’s where I live, in northern Colorado.  There is sort of a wide band from about 38 deg to 42deg: this is on account of the Bay Area, Salt Lake City, Denver, Kansas City, Saint Louis, Chicago, Indianapolis, Columbus, Pittsburgh, Philadelphia, New York and surrounding areas lie here.

The days are getting short this time of year (well, actually they are all almost exactly 24 hours, but daylight is getting short).  In about two or three weeks, we’ll be at minimum duration of sunshine per day, on the average about 9.3 hrs in this band.  But, in 6 months we’ll be at almost exactly 15 hours.  The ratio?  About Φ, or 1.612. [3]

Almost exactly 38% of the population of the 48+ lies in this band.  Oddly, this is the complement to 1.000 of Φ’ (where Φ’=1/ Φ).  That means the ratio of the population of the rest of the country to this thin strip is 0.62/0.38, which is of course essentially equal to Φ.

Conclusion 1:  Φ is the perfect number and Φ is the golden ratio; therefore we at 40 degrees north latitude in the US live in the perfect place, with the perfect ratio of the nation’s population, and the perfect ratio of day lengths… in a country sized perfectly in accord with the Golden Ratio.

Conclusion 2: This essay demonstrates a huge part of the problem with political discourse today.  Namely: smart, creative people with time and resources on their hands can find or manufacture nearly any fact they want to support their positions – and then fill the web’s ether with them.  People who read or hear such “facts” typically don’t have the time or resources to do their own research.  So they typically exhibit one of two reactions.  One: if it confirms how they are inclined to think, they absorb it into their psyche, to share at appropriate moments later.  Two: if does not confirm their current positions, they dismiss it as apocryphal or anecdotal.

Let’s replace these options with two much better.  One: ignore it.  Or two: take some time to factually refute or substantiate it.

Wishing you peace

 

Joe Girard © 2013

The Girardmeister

[1] since the additions of Alaska and Hawaii in 1959, the center has of course moved to another insignificant spot, now in South Dakota.  These points technically must move back and forth several miles each year, owing to the vagaries of shoreline build-up and erosion, depending on vitality of storm seasons.

[2] The Greeks pronounce this letter Fee.  Europeans generally follow the Greeks.  In English speaking countries, among the mathematical literati, it is more customary to pronounce it Fie.  Dan Brown says Fee; so therefore obviously it should be said Fie.

[3] This sunlight ratio is closer to 1.60 in the Bay Area (around 38 deg north) and 1.65 Chicago (almost 42 deg north).

[4] Φ = ½ [1 + √5]

 

Too Clever

A scorpion and a frog meet on the bank of a stream.
The scorpion asks the frog to carry him across the stream.
The frog asks, “How do I know you won’t sting me?”
The scorpion says, “Because if I do, I will die too.”

The frog is satisfied, and they set out.
But in midstream, the scorpion stings the frog.
The frog feels the onset of paralysis and starts to sink;
He knows that they are both about to drown,
but has just enough time to gasp “Why?”

 

Replies the scorpion: “It is my nature...”

— From Aesop’s Fables

There are a pair of unbelievable English words that  mean the same thing.   It’s just incredible, but — acting interchangeably and as the same word — I posit that they are probably the most often incorrectly used words in American English.

These two most incorrectly used words are “unbelievable” and “incredible.”  These words mean, literally, “not to be believed.”  If someone says that their child is “an incredible child”, I feel like asking: “So, did they speak 12 foreign languages and win a Nobel Prize by age 6?  Did they successfully command the sun to rise in the west today?”

My 1975 Websters has no entry whatsoever, not even under the “un-” listings with a “believable” listed in a lengthy table of verbs and adjectives that follow.  My 1947 Funk & Wagnalls does list “unbelievable”, but only as the opposite of believable; which means that it is unacceptable as truth.  Finally, in my 2001 Random House Unabridged dictionary, “unbelievable” makes its own full appearance: too dubious or improbable to  be believed.  And a second definition, which now seems to be the hyperbolic and generally accepted definition appears as well: So remarkable as to strain credulity.  In other words: at the very limit, and perhaps a bit beyond, of what one could believe.

I live in Boulder county, in Colorado, where “The One’s” name is still spoken in solemn, reverent tones. One suspects it is likewise in many other communities … as it is with various of my friends and family, who yet devoutly remain — current revelations notwithstanding — fervent that “He” (who promised the most honest and transparent administration ever [1]) can do no wrong.

For them it is truly unbelievable that three — count ’em three — crises of ethics have hit “The One’s” administration lately.  For those of you buried under rocks and moon-eyed over “The One”:

  • Bengazi: Sworn testimony reveals that the administration knew from the very first moments that: 1) it was, in fact a coordinated terrorist attack on the US consulate; 2)the administration’s state department had been warned for months that there was insufficient security for the Libyan diplomatic team; and 3) The administration had the military and CIA “stand down” while the attacks were underway.The administration hid these facts, carefully crafting statements that would protect the president and his administration as the November elections approached.  Employees were threatened and demoted for challenging this apparently unethical approach.
  • IRS-gate.  The IRS, an armed branch  [2] of the administration’s treasury department, intentionally and specifically single out organizations with viewpoints that are probably contrary to the administration’s ideology.  These organizations were subject to intense and exceptional scrutiny and delays. This occurred for up to two years.
  • Justice department essentially spied on the AP (Associated Press) to get electronic communication information. In a hugely rare political gesture, this was defended by Republican Senate Minority Leader, Mitch McConnell.  And maybe that’s why this is the one that could hang over the One’s administration.  The MSM distrusts Republicans, especially McConnell.  The Left Wing radio shows love to accentuate the *CON* in his name as he is con-man, as are all Republi-CONs.

The media spinners are spinning credible stories about how Republicans are to blame for Bengazi (budget cuts) and for the disaster that followed (carefully releasing their own versions of communications).  It is, after all, all politics.  All that notwithstanding, the administration will skate relatively free on this one.  Yes, four people died and there was a very non-transparent cover up.  But in the end, it will be deemed a mistake, incompetence, trying to do too much.

And the spinners are craftily spinning away on the IRS issue too.  This too definitely happened, and IRS officials definitely either lied or were (almost) unbelievably corrupt <grin>.  Still this is too far down from “the One” to pin on him — although the top does set the tone.  As the same spinners used to enjoy saying when Reagan was in the White House: The fish stinks from the head down.

It is the spying on the AP thing that might be the cross the administration has to bear for three more years.  This country loves its 1st Amendment Rights, so much so that we allow people to burn the flag, fly Mexican flags above the Stars ‘n’ Stripes, and call corporations people.  We love freedom of the press.  In Reno v ACLU, the Supreme court ruled that the internet effectively gives us unlimited freedom of speech; and since anyone can publish on-line (like this post), by extension there is almost unlimited freedom of the press.

It will be interesting to see how the press, especially the AP and the Washington Post which has the legacy of Woodward and Bernstein to uphold, carries this out.  In what could spawn an awkward partnership, there is evidence that the Administration may have used the power of government to spy on Fox reporter James Rosen.

Of course the Obama administration — like the Scorpion — turned out to not be the squeaky clean nice guys we wanted to believe.  D’oh. He’s a politician.  And he’s a product of the Chicago political machine. It is, rather, very believable that he has an enemies list, uses the levers of power to his political benefit and to torment his enemies, tries to control the press, is furtive and choreographs cover ups of negative events. It’s very credible that he’d funnel billions of dollars in pro-green projects to political supporters who bundle millions of dollars in campaign support, and make high level presidential appointment to extremely wealthy insiders. Big deal.  What did you expect?

Unconsciously, when reading a written piece or listening to someone speak, I critically count up things like the use of “incredible” and “unbelievable.”  I leniently permit a single use of the word — you are permitted to strain my credulity, but only once.

Here is my once.  Don’t you find it incredible and unbelievable that Republican leader Mitch McConnell publicly defended the president’s eagerness to find out how the AP gets its information?  Given this political manna, I’m sure the Republicans will find a way to screw it up, and The Teflon One will wiggle away.  Now, that’s believable.

Peace

 

Joe Girard (c) 2013

[1]ahref=”http://www.whitehouse.gov/the_press_office/TransparencyandOpenGovernment”>http://www.whitehouse.gov/the_press_office/TransparencyandOpenGovernment

[2] http://www.examiner.com/article/irs-to-hire-and-arm-agents-to-enforce-compliance-with-obamacare

The Places WMDs Take You

Boston Bomber charged with using weapon of mass destruction, or WMD?  Really?

Up until now I’d always thought of WMDs as the big three: 1) nuclear effect weapons (nuclear blast or a nuclear “dirty” bomb; 2) biological effect weapons (anthrax, ebola); and 3) chemical weapons (with nerve agents).

Sure enough, US code 18-§ 2332a (c)(2) defines a WMD  as the big three, plus “any destructive device as defined in section 921 of this title.”

Off to Title 18, section 921, where explosive device is defined as:

(A) any explosive, incendiary, or poison gas—

(i) bomb,
(ii) grenade,
(iii) rocket having a propellant charge of more than four ounces,
(iv) missile having an explosive or incendiary charge of more than one-quarter ounce,
(v) mine, or
(vi) device similar to any of the devices described in the preceding clauses;
(B) any type of weapon (other than a shotgun or a shotgun shell which the Attorney General finds is generally recognized as particularly suitable for sporting purposes) by whatever name known which will, or which may be readily converted to, expel a projectile by the action of an explosive or other propellant, and which has any barrel with a bore of more than one-half inch in diameter; and
(C) any combination of parts either designed or intended for use in converting any device into any destructive device described in subparagraph (A) or (B) and from which a destructive device may be readily assembled.
The term “destructive device” shall not include any device which is neither designed nor redesigned for use as a weapon; any device, although originally designed for use as a weapon, which is redesigned for use as a s…
blah, blah, blah
So, there you have it.  Bomb.  A bomb, or any device with a projectile with an incendiary charge of more than 1/4-ounce (one presumes this is standard gun powder), IS A WEAPON OF MASS DESTRUCTION.
Can we now admit that Bush-43 — and the intelligence of Israel — and Britain — and France — and Russia were right? With a definition like that, of course there were WMDs in Iraq!
Naturally, I’m being a bit silly.  Everyone thought Bush and SecState Powell were talking chemical weapons, and possible nukes.  That’s what they — and Cheney — led us to believe.  By the way, a nuclear effects weapon need not be a thermonuclear device to qualify as a WMD.  Per 18-§223a, any device “designed to release radiation or radioactivity at a level dangerous to human life” is a WMD.   If memory serves, Iraq was harboring 550 tons of Uranium Yellowcake, which was safely and furtively sent to someone who could put it to good use: the Canadians.
Yes, while we were all fawning over “the One” during the summer of 2008, our country’s state and defense departments were going about the important business of getting this hazard to a safe place.  The existence of 550 tons of enriched uranium yellowcake does not prove that Iraq was about to re-start their nuclear program.  It’s a long way from yellowcake to weapons grade or even reactor grade.  Still, that’s enhanced enough to turn a several thousand Scud missiles into dirty bombs, and according to title 18 of the US code of regulations, a WMD.
Zooming to the present.  According to many sources, Syria has used chemical weapons based on the nerve agent Sarin.  This was supposed to represent some sort of “red line” which would bring the United States — and her allies, if she so committed — to some sort of elevated activity or intervention.   Perhaps even military intervention.
Really?  After 75,000 dead and now … now after a few dozen or hundred more are killed by the legal equivalent of a pressure cooker laced with nails and ball bearings … now we are saying Assad and his Lex Luther henchmen have crossed a “red line”??
I recall just a couple of years ago, when a thousand or perhaps two thousand deaths in Libya led us to declare that there was some “moral imperative” that we (the US and the West)  intervene.  We launched several hundred cruise missiles at Moammar Qadafi’s strategic military and state sites (don’t quibble with how I spelled his name; I think there are at least 1,000 western attempts to spell his name phonetically).
75,000 dead in Syria.  A huge humanitarian and refugee problem.  A dilemma for our friends in Jordan and Israel, to say nothing of the struggling new democracy in neighboring Iraq, and the struggles in neighboring Lebanon as well.
Compared to only 1,000 dead in Libya with neighbors like Tunisia, and Egypt (well into their own Arab spring) and Algiers.   Was Qadafi really that much worse than Assad?  In fact, after witnessing what “the Coalition of the Willing” had done to Saddam Hussein, Qadafi swore to totally give up on obtaining WMDs.  Ever.
I’m not saying that getting belligerently involved in Libya was wrong; nor am I saying that staying out of Syrian belligerence is wrong too.  I am suggesting that looking at moral “red lines” like use (or presence) of WMDs, and number of deaths, presents a limited scope that is a distraction from issues more important …
For one, Syria has close ties to both Russia and Iran.  Libya was fairly isolated, diplomatically speaking.
And Libya  produces about 1.65 Million Barrels of oil per day — about 2% of the world’s production.  Most of that oil goes to Europe, which can hardly afford another economic wobble  … which would indeed have happened had Libya stayed politically unstable much longer.  Syria’s petroleum production?  A tiny fraction as much. With Libya producing, the world can do without Syria’s pittance of oil, which it has done for several years now.
Rest well when you can.  You might need it.
Peace
Joe Girard (c) 2013

Not PC Compatible

Howard Cosell and the ‘Little monkey” comments

Anyone who watched much sports during the 1960s and 70s will recall Howard Cosell.  He called boxing matches (famously saying “Down goes Frazier” in a title fight with George Foreman).  He announced Major League Baseball, NFL Football and announced at the Olympics (most famously at the 1972 Olympics) .  He is perhaps most famous for his long stint on Monday Night Football with “Dandy” Don Meredith and Frank Gifford.

Noted for being sharp, witty, caustic and loquacious, Cosell said of himself, “Arrogant, pompous, obnoxious, vain, cruel, verbose, a showoff. There’s no question that I’m all of those things.”  He also had a soft side, devoted to his wife for 46 years until her death, devoted to his children and to his grandchildren.  He lovingly often referred to them as “little monkeys.’

In 1972, Cosell used this term of endearment — Little Monkey — referring to Mike Adamle, a white football player who played running back for the Kansas City Chiefs.  Mike Adamle was only 5 foot-9 inches tall and under 200 lbs. Quite small for the NFL, and Cosell used it as a complement: “That little monkey — you know, the theorem was that he was too small for pro football”

The next year, on Monday Night Football’s halftime highlights, his voice-over for a 97-yard kick off return by Herb Mul-key of the Washington Redskins went: “Look at that little monkey run!”  Mul-key is black.

A few years later, in 1982, Cosell said of the white, diminutive (again 5 foot-9 inches, but only 150 lbs) Glenn Hubbard, who played second base for the Atlanta Braves: “”That little monkey can really pick it.”

But the world changed.  On a Monday Night Football telecast on September 5, 1983, after Alvin Garrett of the Washington Redskins made a clutch reception, he said: “That little monkey gets loose, doesn’t he?”

Alvin Garrett is black. Cosell was denounced as a racist by The Rev. Joseph Lowery, then-president of the Southern Christian Leadership Conference.  Lowery demanded a public apology. Others piled on, demanding an apology. Cosell, ever his own man, refused.

At the end of the 1983 NFL season Cosell retired from announcing NFL football.  His wife had passed away a few years earlier and he had new interests, like writing a book.  He continued announcing Major League Baseball games, but never used the Little Monkey term again.  It was not PC-compatible.

Cosell’s use of “Little Monkey”, it seems, can help us pinpoint when political correctness gained its position for thought control through language control.

In 1973 calling a black athlete “Little Monkey” raised nary an eyebrow.  In 1983, it could lead to the end of a career.

I’ll submit that this is approximately one generation after our colleges and universities turned largely socially liberal and  radically so (Thomas Jefferson used 18-years as a generation).  Largely in reaction to the civil rights movement, anti-war sentiment and a desire to develop a separate identity from “the greatest generation”, by the late-70s and early 80s these students had begun moving into the leadership of the country, and they brought their idealism with them.  And imposed it on us.

“Politically Correct” is largely a pejorative term nowadays.  Does that mean ‘Politically Incorrect” is a term of endearment?  “Oh, you politically incorrect little monkey.”  Hardly.

For me, I suppose that the idealism reflected in PC-ness is to be appreciated.  But I’ll remain intellectually non-PC.  For example, I can’t get myself to use these PC terms:

  • “Native American.”  Why not?  I was born here and so was my dad.  And so was his dad.  I’m a native.  If I can’t be native here, where do I go?  Side note: I don’t like the term “Indians” or “American Indians” either.  That’s a misnomer.  Indians are in India.  I do rather like what the Canadians call this race: First Nations.
  • “African-American.”  I work with a fellow who was born and raised in Tunisia.  Came here and eventually became a US citizen.  He has a definite Mediterranean-rim Arab look.  I have met other people who were born and raised in South Africa.  They are lily white and also became US citizens.  Now THESE people are African-Americans, if you want to use the term precisely.  What was wrong with Negro?  Black?  Colored?  No disrespect was meant by these terms.  And by the way, why do blacks often call themselves “nigger”?
  • “Gay and Gay Marriage.”  Gay means “happy, full of joy”.  People who have been married for decades, and happily so, are in a “Gay Marriage.”  What was wrong with the terms lesbian, homosexual, same-sex union?

The title of Howard Cosell’s book is “I Never Played the Game.”  The intent of the title was not to convey the point that this brilliant little Jewish boy who gave up a law career to do sport announcing never actually played the games and sports he covered.  No, it was because he never got caught up in the corporate game.  He stayed his own person until the end.  He remained faithful to himself; he was who he was.

So, I hope, it will be with you.

Peace.

Joe Girard (c) 2013

 

Acknowledgement:

thanks to co-worker Gil for reminding me of this period, Mr. Cosell, and for doing some initial research.

 

Clang goes the Trolley

Let’s play a game.  Trolleyology.  It comes in three distinct flavors, getting more challenging and interesting as we move up the levels.  It is generally a British game and based on British definitions of trolley, although the game transports to the Americas quite well.

[Definition background.  What Americans call a “shopping cart” the British often call a trolley.  Also, what American might call a “street car” Brits call a trolley.]

[Game requirements: Be honest and try to answer all the questions.  There are no wrong answers.]

Level 1, Trolleyology.  Question: have you ever popped into a grocery store so you could quickly get one or two things, and emerged 30 or 40 minutes later with a trolley full of product you didn’t originally intend on buying?  Or even with two or three extra items?

When you enter a grocery store, you are playing Level 1 trolleyology. Most grocery stores are set up so that common items are in the back, or in remote corners. Need some milk? Back of the store. Loaf of bread or dozen eggs?, often at remote and opposite corners.

Now you are in Trolleyology Level 1.  Do you have preferred aisles or routes you take to get to these items, or between, say, bakery and dairy?  Think a moment.  Do you prefer the soft drink aisle?  The baking goods?  Stationary?  Home cleaning products, beer and wine?… Seasonal merchandise?

Now take a moment and think about what your answers might say about you.

See, trolleyology isn’t that difficult or stressful.  You’ve answered the questions and ruminated on what they might say about you.  You’ve progressed to Trolleyology, Level 2.

Level 2, Trolleyology.  Think again about your experiences in grocery stores, or department stores, where people are pushing around trolleys full of merchandise. Have you ever peered — perhaps casually, perhaps with feigned casualness — into someone’s cart and taken note of what they are about to buy? And then, started passing judgment on them, their lifestyle and their value system?

Last night for example, while failing Level 1, I was cruising through the front end of the store when I passed a 20-something fellow in baggy droopy jeans.  He stopped in front me — causing me to have to avoid him — to grab a package of candy bars.  Passing him, I noticed his cart had three 12-packs of Pepsi soda and a carton of Marlboro cigarettes.  I couldn’t help from making some quick judgments about “droopy drawers”, how his present and future will turn out.  I could not help it anymore than I could help myself from quickly peering into his cart, or admiring a beautiful sunset.

We all lie on the”nosy and judgmental” scale somewhere.  We want to know things about others, and we all feel some urge to judge, even though we know it’s not really “right.” Even if it’s just to feel better about ourselves.

Thank you for playing Tolleyology, Levels 1 & 2.  These shopping versions  provide  little windows to our brains and our souls. The gist here has been get us to realize that we are all (at least a little bit) nosy, judgmental and subject to manipulation.  It’s OK, we’re only human.

Trolleyology Level 3.  You are standing on a pedestrian bridge over a street car rail line.  You are standing next to a very large fat man.  He is a complete stranger to you.

Your attention is drawn to a run-away trolley coming toward you … about to pass underneath you and the strange very large fat man in a few moments.  You also know that a hundred yards (or 90 meters) down the line there is another man — completely unaware of the run-away trolley — who is performing some maintenance work on the rail line.

If the run-away trolley continues –a single car, small and unoccupied — it will surely kill the worker.  Yet it is small enough that the body of the strange very large fat man would stop the trolley.

Trolleyology Level 3 Question.  Do you push the very large fat man off the bridge and onto the rail — to stop the trolley and save the worker?  No matter what you do — or don’t do — your actions will be nonpunishable   There are no wrong answers.  Not answering is disqualifying.

Take a moment.  Push the fat man to his death.  Yes, or no?

If you answer “yes”, you can skp to the “skip to here” paragraph”  below.  If you answered “yes”, outside this essay, the game changes the question.  What if the worker would only be maimed — losing a limb — instead of being killed? Would you still push the strange very large fat man?  The idea is to find where your “yes” becomes a “no”.

If you originally answered “no, I would not push the fat man” you can perhaps support your answer with logic such as

  • Someone is going to die.  Who am I to decide which one?
  • This whole thing happened without me until now.  Why should I get involved now?
  • Who am I to play God?

Here again, the game changes questions again.  Would you still answer “no” if 3 workers would die?  Five? 100?  What if one of the workers were you spouse, child, or parent?  What if one thousand — or one million — would die from the run-away trolley car?

The (admittedly very uncomfortable) idea of the game is to determine the threshold at which the answer is barely — just barely — “yes, I would push a total stranger off the bridge to almost certain death in order to spare _____ *(fill in the blank).

If there is no threshold for you (i.e. NO, there is no circumstance under which you push him), then you are dismissed from further participation.  Many would dismiss you as heartless, others as stridently beholden and shackled by principals, or lack thereof. You would choose not to get engaged to save one hundred, one thousand or one million. No matter how many 8 year-olds were killed or limbs were to be lost.  In a sense, you win.  But the rest of us must struggle on.

[Skip to here if you answered YES originally]

So here you are.  There is some threshold, no matter how uncomfortable, at which you push the fat man off the bridge. “Gosh darn it, I don’t feel good about it, but yes I think at some point I’d have to push him off the bridge.” Good, thanks for being honest.

We now turn to the terrorist acts in Boston.  Two brothers, Chechan immigrants, set off bombs in a crowd at the Boston Marathon, killing three and horribly injuring 180, leading to many limb amputations.  Later, a security officer was fatally shot; and a police officer was gravely shot as well.

Now, suppose — just suppose that instead of a strange very large fat man — you have a person of interest who has information about such a horrible terrorist attack about to occur. You can choose to help avert this killing and maiming. If there is a threshold where, “yes, you would push the man off the bridge”, then we have to ask you the corollary: what is the threshold where “enhanced interrogation techniques” are appropriate? Could we deprive someone of sleep, or a meal, or a few moments of breathing?

Going a bit further, one of the Boston Bombing Terrorists has been caught alive.  He may well have knowledge of pending future attacks, possibly even more horrific.  He was seen on video placing his bomb-laden backpack in front of an 8-year old boy … who would soon die … and then walking away.  [We Americans are so naive.  If this were to happen in Israel, the crowd would immediately start shouting “Unattended Package!” and tackle his sorry skinny ass.] He may well be attached to cells of fanatical terrorists who have provided him inspiration and training.  Cells of terrorists who will act again.  Since you have read this far in the column, there is a point at which you would push the fat man off the bridge.  Is there not, then, a point at which you would go beyond Miranda Rights and try to save death, mayhem, maiming and suffering for untold many others?

Many people are already clammering for the death penalty for young Mr. Tsarnaev. Some water cooler conversation swirled around wishes for a slow, painful death.

The end of Trolleyology, Level 3.  If you would kill the fat man, you must also address the question when and how to use “enhanced interrogation techniques” to get information that could save hundreds, thousands, even millions from death, maiming and suffering.

Thanks for playing all three levels of Trolleyology.

Joe Girard (c) 2013

 

 

Raisin Raison

They [The makers of our Constitution] … conferred the right to be let alone—the most comprehensive of rights and the right most valued by civilized men.” – Justice Louis Bradeis, dissenting Olmstead v. United States [1]

To what are we entitled?  To what do we have a right?  If someone works earnestly and diligently at their job, came to the position honestly, fulfills all the requirements of that job and gets a great performance review … every year… well, should they get to keep that job?

What if you run a business that manufactures, produces or supplies a product or service?  What if, at some point during the year the government could come and demand a percentage of what you produce?  Up to 47% of your output?  And what if they could pay you whatever they wanted for that confiscation?  Even down to zero dollars and zero cents?

Last month the Supreme Court was in the news. The news frenzy and activist buzzing about the two Same-sex Marriage cases caused most to miss a case of some importance – the Raisin Case, or Horne v United States Department of Agriculture.

Raisins?  Really?  Yes.

California is the most prolific grape producing region in the world.  They produce over 99.5% of the US and over 40% of the world’s supply.  And, surprisingly, more of those grapes go to producing raisins than wine.  Each year, raisin “handlers” are required to “transfer” to the US Government whatever percentage the Raisin Administration Committee (RAC) dictates.

Who is the RAC?  It operates within the Agricultural Marketing Service.  Who are they?  Part of the United States Department of Agriculture.  What do they do with the raisins?  Whatever they want, including destroy them.  More often they are given away, quite often to school lunch programs.

How much do they pay the raisin producers for the product they take?  As little as they want.  Some years it is nothing, nil, nada, nichts, niente.  Zip. Zero. Rien for the raisins.

How is this even possible?  Way back during the Great Depression the US Government executed control grabs of large parts of the economy.  The Agricultural Marketing Agreement Act of 1937 strengthened the marketing agreement segment of the first Agricultural Agreement Act of 1933, allowing the government to basically do anything in terms of setting prices – including controlling production, storage, supply and demand of most agricultural products.  Including raisins.

By controlling the prices of produce – through central planning – the government believed they could keep farmers from going broke and city people from starving.  The 1930s were terrible and awful and I’m not about to blame the FDR New Dealers for trying to intercede. But that was 80 years ago.

The price of raisins – actually monitoring the price and nudging the price by controlling supply and demand – has remained a government function ever since.

California farmers Mavin and Laura Horne had to turn over 47% of their crop in 2002.  That year they changed their business model so that – they believed – they could keep the fruits of their labor.  In 2003 the set-aside was 30%.  The Hornes sold their product and didn’t turn anything over to the government. They put all 3 tons of raisins on the market.

They were promptly charged nearly half a million dollars by the government, for the projected market value of 30% of their raisins, and an additional $200,000 in fines.

Their case ended up in front of the San Francisco based 9th Circuit Court of Appeals, pretty widely regarded as the most liberal court in the country [2].  The Court ruled that the Horne’s had no standing in court (meaning they might be right or wrong, but it doesn’t matter since their case does not belong in court) since they never paid the fee or the fine ~:-\.  In other words, they had to pay the fees and fines (a lot of money) and THEN go to court.

The case, including their standing, finally made it to the Supreme Court last month.  A key part of the argument is the 5th Amendment’s “takings clause” —  and that is “… nor shall private property be taken for public use, without just compensation.”

The Supreme Court has a history of standing on its head to support expanded powers for government, from local to federal.  In the last significant “takings” case, the court supported a forced transfer from one private individual to another private individual when done by a municipality [Kelo v New London (CT)].  In 1942 the court upheld the USDA’s dictating that a farmer could not even grow wheat to feed to his livestock (Wickard v Filburn) and in 2012 the court upheld the PPACA (Patient Protection and Affordable Care Act) by loosely interpreting a payment clearly intended to be a penalty as, instead, a tax.

That is to say: Don’t expect a sweeping decision in favor of individual rights, and in favor of the Hornes and the raisin producers and handlers of California, many of them family businesses like the Hornes’.

But even the court’s liberals realize that there probably should be some practical limits to the scope of government’s powers.  Elena Kagan said that it was “either unconstitutional, or it’s the world’s most outdated law.”  Stephen Breyer: ““I can’t believe that Congress wanted the taxpayers to pay for a program that’s going to mean they have to pay higher prices as consumers.”

I expect a narrow ruling. The court will send the case back to the 9th Circuit with instructions that the Hornes do indeed have standing.  In other words: the Hornes might have been wronged.  But this is only one unique case and the government retains broad sweeping power to take property, control supply, prop up demand and run a centrally planned economy if they think it’s the right thing to do and in our best interest.

Back to Stephen Breyer’s very insightful comments.  We as taxpayers are paying for this confiscation program.  We pay for salaries, and office space and computers and IT personnel and lawyers.

We can agree that everyone at the Raisin Administration committee probably works hard and is a good person, but – sorry for the pun – just what is their raison d’ etre?  Surely a job that produces nothing – but takes, confiscates, re-distributes – and puts a drag on the economy while suppressing individual freedom needs to be eliminated.

And one wonders: how many more of these committees and administrations and agencies are hidden within our gargantuan government?

Experience should teach us to be most on our guard to protect liberty when the Government’s purposes are beneficent. … The greatest dangers to liberty lurk in insidious encroachment by men of zeal, well-meaning, but without understanding.” –  Justice Louis D. Brandeis, dissenting, Olmstead v. United States

I wish you peace and freedom.  Including freedom from oppressive Government

Joe Girard © 2013

[1] Olmstead v. United States, Dissenting Opinion, 277 U.S. 438 (1928)

[2] http://www.calcontrk.org/news/1086-april-2012/1954-us-supreme-court-rejects-most-decisions-by-the-us-9th-circuit-court-of-appeals

[3] http://reason.com/archives/2013/03/23/supreme-court-may-put-an-end-to-governme

Spike

Just when did gauche become acceptable, so long is it’s done in a suave, cool way?

The standard reaction to one’s own success used to be matter of fact.  When football players scored a touchdown, they handed the ball to the referee and ran to the bench.  Somewhere along the line, it became acceptable to spike the football.  Then dances and shuffles and summersaults and back-airs, dunking over the goal post and jumping into the stands.  Hey guy, why celebrate doing what you get paid to do?

The same thing in politics.  I’m not sure when it happened, but I don’t think Ike, or JFK, or LBJ would get up in front of a huge crowd and cameras and put on a show as if to say: look how great I am!!  Yay, me.  George HW Bush avoided the limelight of the 1991 ticker-tape parade after the first Gulf War (Desert Storm) in the “Canyon of Heroes” in Manhattan, allowing the glory to fall on Norman Schwartzkopf and Colin Powell, as well as the war veterans.

But I think it was about that time that “spiking the football” became acceptable for politicians, at least for presidents and those with presidential aspirations.  At the 1988 Republican convention, Bush Sr doled out chum for the sharks when he crowed: “Read my lips: No – new – taxes!”

His son, George W Bush, as president infamously landed on the aircraft carrier USS Abraham Lincoln in the Persian Gulf in 2003, announcing “Mission Accomplished.”

Bush Sr. did in fact end up raising taxes and Bush Jr.’s mission was nowhere near accomplished.  Football spikers deserve a come-uppance.

President Obama has “spiked the football” twice in Colorado, my home state.  First, the pre-spike.  Obama audaciously made his nomination acceptance speech, at the conclusion of the Democratic Party’s 2008 convention, in Denver’s Mile High Stadium while standing on a magnificent stage with Greek columns.  Immediately after his inauguration in 2009, he returned to Denver to sign his so-called “stimulus” legislation that his super-majority of Democrats had rammed through congress in just a few days.  Was there really a need to fly halfway across the country and spend millions of dollars for security and rev up AirForce-1?

It was football spiking.  He announced at the signing that the stimulus would keep unemployment below 8%, and down below 6% by 2012.   Within a year unemployment was up to 10%; currently in 2013 it is still well above 6%, at 7.7%. According the Bureau of Labor Statistics, including discouraged workers and the rate is still at 9%.

President Obama returned to Denver to spike again last week.  This time to praise Colorado lawmakers -– all Democrats, no Republicans; Colorado having turned from Red to Blue – for responding to his plea and passing gun control legislation.  Most controversial is the legal limitation of magazine clips to 15 rounds.

Colorado has recently gone through two horrible shootings: one a mass shooting in a movie theatre in the summer of 2012, and the other the recent assassination of the State Corrections chief, Tom Clements. Let’s take a look at those.

James Holmes murdered 12 and injured 58 at a theatre in the Century 16 movie complex in Aurora, CO.  At the time he was a disturbed recent-dropout from the University of Colorado’s (Denver) Neuroscience PhD program.  He had been in treatment by a university psychiatrist, Dr Lynne Fenton.  Recently released court documents show that Holmes “had threatened and intimidated her” and made “homicidal statements.”  He sent her sketches that were eerily similar to what happened over a month later at the theater.  As was her legal requirement, Dr Fenton reported this to the University campus police.  Nothing further was done.  That bears repeating: Nothing further was done.  At least by the University and its police security staff.  Holmes, on the other hand, did plenty, including selecting a site for his rampage that was the only theatre complex within many miles of his Aurora residence that advertised itself as a gun-free zone.

What if the 15-round clip-limit had been in effect?  There would have been no effect.  A person well-experienced with his weapons can swap out a clip for a fresh 15 in about a second, or less.

Tom Clements, the head of Colorado’s prison system, was cruelly assassinated in the doorway of his home in Monument, just north of Colorado Springs, when he answered the door the night of March 19.  The murderer, Evan Ebel, had recently been released from prison, where he served time for, among other things, armed robbery.  Shortly before the assassination, Eben murdered a pizza delivery man Nate Leon – a husband and father of three who was trying to make a few extra dollars – so that he could steal his Dominoes’ uniform for use as a disguise.

In prison, Ebel had become involved with 211, a white supremacist gang.  Inexplicably, and in an apparent screw up of hideous proportions, Ebel was freed in error – four years early – in a state clerical error.  Nor was he released to a half-way house, as is standard in Colorado for such parolees.  Just freed with an ankle bracelet, which he somehow removed – a fact that went un-noticed for at least four days.  This bears repeating: Eben was incorrectly let out four years early, and without any transition or traceability.

Or maybe not inexplicable – curiously, Ebel’s father and family are close friends with Colorado’s governor, John Hickenlooper.

Meanwhile, two persons of interest in the case – possible accomplices – are on the lam here in Colorado.  They likely drove the vehicle and helped plan the assassination as a Supremacist “statement.”  They are considered armed and dangerous.  But I’m not worried: I feel so much safer now that background checks are so much more thorough, gun buyers must pay for these checks themselves, and citizens’ clips are limited to 15-rounds (Note: one of these persons, James Lohr, has recently been apprehended in Colorado Springs).

Speaking of white supremacists and assassinations.  In Texas’ Kaufman County near southeast Dallas, long known to lie along a major drug distribution pathway (I-20), two county prosecutors (and the wife of one) have been assassinated this year by white supremacists.  In a new twist, this appears to be a case of Supremacists working with and for the Mexican Drug Cartel, bringing Mexican-style drug warfare to the US by targeting the law enforcement officials who are the most strident and effective in fighting drug trafficking.

In the case of the Colorado shootings, the state has blood on its hands.  The state did not follow basic procedure to protect the public from homicidal killers.  Regarding the theater shootings: expect lawsuits against the state.  In the case of the assassination of Clements, there should be a special prosecutor investigating the connections between him, the assassin, the assassin’s father and the governor – but there won’t be.  It’s a good-old-boy buddy-buddy system here in Colorado, with a single party in firm control of every branch of government.

What to do?  Instead of clamping down on process that could’ve stopped these murders, … oh! I know … let’s pass more gun control laws.  Sadly, there is no gun control law that can affect this type of brutality, such as it is closely tied to mental illness, gangs and drug cartels.  It’s only more laws that, in many cases, cannot be enforced.  Governor Hickenlooper even effectively admitted this last week.

And the White Supremicist-Mexican Drug Cartel nexus?  Well, if you want to find out who illegally sold weapons to these killers you can start with the United States Government, its ATF and Department of Justice: Operation Fast and Furious.  Our federal government has blood on its hands.  Again there is no investigation.  [Under Bush, Jr., the same jokers ran Operation Wide Receiver, which was nearly the same as Fast and Furious – with similar miserable and despicable results.  Inexplicably, it was revived and renamed in the Obama Administration].  Of course, I’m not saying Wide Receiver or Fast and Furious weapons were used in any of these crimes, but we do know that several hundred weapons were sent to these vermin, and some have been used in heinous murders.

The moral of the story.  There is none.  Maybe it’s that there are no morals anymore.  Maybe it is that we should always start out by assuming that political grand standers and ball spikers are really gauche, shallow charlatans, and – like a magician – are trying to get our attention away from what is really going on.

Until next time: keep the fight.

Joe Girard © 2013

Sbux

Well, Starbucks can’t seem to make anyone consistently happy.  At least anyone with excitable political views.  They do keep making money however. (SBUX up about 55% in last 2 years).

For the longest time it was hip among the Left to eschew Starbucks; they were polluting all the high traffic areas with look-alike stores making look-alike coffee specialty drinks.  Call it the “too much like Wal-mart” problem, but it was cool to scorn Starbucks and their regular customers.

But wait, Starbucks actually looks out for their employees, providing much better benefits than typical behind-the-counter grunts.  An impressive list: Retirement plans, sick leave, vacation, management opportunity.  Fortune rated Starbucks one of the best companies to work for in America. So that’s way better than most employees get at, say, Wal-mart or Staples.  So, good for Starbucks, from the Left.

Then Starbucks’ CEO Howard Schultz came out strong in favor of “gay marriage.”  Wow, Yay for him and Starbucks (says the Left); and then he and Starbucks get the scorn of the Social Conservative Right.Female_homosexuality_symbol.svg

Now Starbucks has announced that they will permit firearms in their stores — even open carry — if the weapon is carried by a person  consistent with the jurisdiction’s laws and regulations.  So now it’s all “how evil is Starbucks?” on the Left and “Rah-rah for Starbucks” from the liberty wing of the Right and the NRA crowd.

If the two ladies behind the counter serving coffee are married to each other, does that make coffee taste any better, or worse?  If the CEO supports same-sex marriage, does that really affect anything either?

For me it’s simply about cost for value, taste and convenience.  Starbucks is kind of expensive, so I don’t go there often.  But it’s convenient, so I do pop in from time to time — and now I (sheepishly) admit that I have the Starbucks app on my smartphone.

And to be honest, if it turned out that someone in Starbucks was packing, that would actually make me feel quite a bit more safe. [I am not a gun nut, own no guns and am not an NRA member, although I do occasionally enjoy squeezing off a few

gunscoffee

rounds].  Gun owners are easily the most reserved, practical, careful and responsible people I know.  Consider the average coffee shop, especially a Starbucks.  It’s a place where reasonably affluent people lounge around chatting, surfing the web and generally not paying attention to the commotion around them; as such, they present a rather soft target for a whack-a-doo or a terrorist to shoot up.

Arizona has rather liberal gun-carry laws, even open carry.  I’ve been hiking near Phoenix and come across others who are open carrying.  Didn’t cause me the least bit of stress or concern.  Had a nice talk with one fellow about picking encelia for use as a spice in cooking and for medical use (good for skin and minor wounds); he was carrying several stalks he had “harvested”, and quite proud of it — taking several minutes to explain to me how to spot it and how to cook with it.

This is all fine with the classical liberal.  Pretty much live and let live.

bis bald!

Joe Girard

(C) 2013

 

Springing to an Anniversary

Spring has sprung!  Regardless of the on-going winter weather across much of the US — and many of us bracing for yet another round of brisk temperatures and snow.  So much for Punxutawney Phil — the unwilling weather prognosticator who didn’t see his shadow last month, thus supposedly predicting an early spring.

Across the country newspapers and newsrooms are carrying stories about today being the 10th anniversary of the beginning of the Iraq War (OIF: Operation Iraqi Freedom).  Lots of columns on what went wrong, what were the lessons learned, what went right. I’ll suggest two here, one from the right (more or less) by Jeff Jacoby of the Boston Globe, and one from the left (I suppose) by Tom Friedman, citizen of the world.

What went wrong is epic.  And it cost over $1Trillion … so far, as we’ll be paying to take care of wounded vets for decades.  Even though we won the war in a matter of a few weeks, we managed to terrifically “lose the peace”, and lost control of the country.  We lost 4,500 US lives, the lives of many more of our Allies, including English and Canadian.  Tens of thousands injured and maimed.  We never found any WMDs — chemical or biological — that Sacdam Hussein had bragged about having, and never having produced credible evidence that they were destroyed.  [Some have theorized that they went to Syria just as the war began.  Sure enough, chemical weapons were used there this week].

What went right is difficult to value, and is mostly forgotten.  The president went to congress for approval before it began. He got that approval, including from high profile Democrats, many who pined for residence in the White House such as Hillary Clinton, Joe Biden, John Edwards, Joe Lieberman, John Kerry.  A truly evil person, Saddam Hussein, is gone, never again to cause torment, order mass murders with bodies in mass graves, use chemical weapons or launch missiles toward cities of innocents, whether they be in Tehran or Tel Aviv.

There are a few more things that went right.  Here’s one that is mostly forgotten:

As Barack Obama was rolling to victory in the fall of 2008, the Bush administration was quietly behind the scenes negotiating an agreement with Iraq to not only end the war, but to have all US troops out in 2011.  As the US and the world swooned over the freshly elected fresh face who promised peace, there was little notice paid to the announcement that the Status of Forces Agreement (SOFA) would have us soon out of Iraq. [SOFA in news, November, 2008]  Sure enough, President Obama pulled the last troops out in 2011 — albeit a bit earlier than SOFA’s terms, a result of Iraq’s insistence on prosecuting any allied forces accused of criminal activity in Iraqi courts.

At a dear cost of blood and treasure — not to mention loss of prestige around the world — the US and its allies removed an evil maniac of a dictator and helped set up something that is as close to democracy as could realistically be expected in a most unlikely place.

Was it worth it?  Probably not.

Perhaps more … another day.  Maybe in 10 more years we’ll have enough perspective to take another look.

Cheers and Happy Spring

Joe Girard  © 2013

Parading for Political Points

Back in 2008, Democrats in congress, led by Dennis Kucinich (D-OH) submitted HRes 1258, which contained 35 articles of impeachment of then-president Bush.  Most of the articles dealt with war crimes, some with election tampering.  By a margin of 251-166, the motion was approved for assignment to the Judiciary Committee.  Astoundingly, 24 Republicans voted for the resolution.

The Left Wing news machine, blog-o-sphere and Bush haters were wild with delight, and played it up big.  Now Bush will get his justice.  He’s going to get impeached.  Not so fast.  The election cycle was spinning up, the Left began swooning over Barack, … the Committee never addressed the matter and it died there.  Nonetheless, it was an opportunity for the media to point to the nation’s “obvious” disgust with GWB: look what’s being done about it in the hallowed halls of congress.

This past week Republicans had two episodes of their own such grandstanding, or Parading for Political Points.  Rand Paul’s ballyhoo (an actual filibuster) to draw attention to the administration’s reluctance to give a simple and straightforward answer to the question of whether a US citizen can be tracked down and killed by simple order of “high government officials” without benefit of 5th and 6th amendment constitutional protection.

Now this.  Republicans, the Right wing blog-o-sphere and news media are drawing attention to current-president Obama’s frequent extravagant vacations and golf outings (to wit, recent vacation to play golf with Tiger Woods).   This at a time when the president’s administration cannot find the funds to continue giving school children tours of the White House.

Now Representative Louie Gomert (R-TX) has introduced an amendment to the so-called Continuing Resolution bill that would de-fund such extravagant outings and vacations (the 115 rounds of golf, private lessons from Tiger Woods, multiple trips to Hawaii and Martha’s Vineyard, plus outings to Spain, Vail ….).  [Sequester Cuts: Congressman Wants To Defund Obama’s Golf Outings]

It won’t pass, and legislatively these actions won’t amount to anything — like the Bush articles of impeachment.  But they do give Rightwing-o-philes and Twitterati something to buzz about on FaceBook,  Fox, Daily Caller … it remains to be seen if the MSM (Mainstream media) will do much more than mention these so that they can ridicule them.

[I mention only in passing that after Bush had committed the US, and the world, to a second war in mid-2003, he ceased playing golf and taking fancy vacations; it just wasn’t prudent in a period when there was so much sacrifice occurring.  Vacations were to Camp David or his hacienda in Crawford, TX — where he was subjected to negative media attention, thanks to Cindy Sheehan’s protests.]

Regards,

Joe Girard (c) 2013

 

Rand’s Rant

An overwelming majority of the elected legislators in DC are trained professionally as lawyers.  That alone should terrify us.  Among them are a very few radical outliers, and there are even three physicians in the Senate.  Yes, medical doctors!  They are all Republicans (Coburn-OK, Barraso-WY, Paul-KY).  Young Dr. Paul, the junior senator to Mitch McConnell in Kentucky, made quite a splash yesterday, and I’m not quite sure yet what to make of it.

For me personally, I’ve distilled Rand Paul’s little filibuster fun-ride down to this, a paraphrase of Tim Stanley.

— It has turned logic around.  The Democratic president is now the “agent of authoritarianism” and a few Republicans, led by young libertarian leaning (or now sometimes called Liberty Republicans) firebrands are the defenders of individual freedoms and rights.

If Republicans were to swing hard to individual liberty, and reduced state militarism, they could execute a surprising flanking maneuver … and save the party (mostly from themselves).

[Speaking of Republican doctors, is anyone following the phenomenal Dr. Ben Carson? Dude really is a brain surgeon!]

A good article here, in the American Conservative.

Sequester Gamesmanship

Two bills — each an attempt to head off the so-called “Sequester” — could make it to the Senate floor today … in vain.  Neither has a chance to pass.  The Democrats’ version is somewhat promising; the Republicans’ borders on unconstitutional.

What’s promising?  The Democrats’ version offers sharp cuts in farm subsidies.

What’s borderline unconstitutional?  The Republicans’ version preserves the entire $85Billion in cuts, but assigns the duty of deciding what to cut to the President.  That’s shirking the constitutional duty assigned to them in Article I.

Read the article here.

Conservatives, meet Classical Liberals

If American Conservatives could find common ground with Classical Liberals, we could see a whole new world.  Maybe this is a start?

By Jessica Chasmar

The Washington Times

Tuesday, February 26, 2013

Conservative political commentator S.E. Cupp announced Tuesday that she is declining her invitation to speak at the Conservative Political Action Conference until it allows groups that advocate for gay marriage.

Read the rest > Cupp pulls out of CPAC