Category Archives: Politics

DC statehood and political self-interest: Where are the flag makers?

Back when I was in graduate school, my (dorky) friends and I had an impromptu contest: everyone had to create an urban legend based on their dissertation research, and whoever could spread it the farthest on the Internet in 1 month won. Since my thesis was about statehood politics, I came up with the following: a DC statehood bill passed the House in 1984, but stalled in the Senate because a Reconstruction-era Supreme Court ruling requires that all U.S. flags flown by the federal government or a state government be up-to-date, and thus DC statehood would have meant the tremendous cost of going back to the moon to update the 50-star flags we planted there. I always kinda liked that — it’s stupid enough to make you laugh, but just plausible enough to possibly make you think twice.

And while that’s just some throwaway humor, I have always thought the connection between statehood and the flag was somehow important, enough so that the original title of my dissertation — and the title I’ll probably use if it ever becomes a book — was Sewing New Stars. The U.S. flag almost perfectly reflects the dual-sovereignty of our federal system: the states are constituitive of the whole, but the whole is far greater than the sum of its parts;  and when we add a new semi-sovereign state to the union, the flag itself changes, a lingering physically manifestation of a fundamental political action within the federal union. And the post 1818-flag — in which the number of stripes is fixed at 13 — reflects a wonderful understanding of the union: new stars can be added to the union, but those new stars, rather than fundamentally altering the union, instead simply become part of it. The union itself, like the stripes, is perpetual and unchanging.

And yet that’s just so much romantic hogwash.

The more important connection between the flag and statehood —and I say this only three-quarters jokingly — is political, as in raw political power. As in currently-untapped raw political power. Let me explain.

One of the animating principles of democratic theory — whether your favorite political theorist is James Madison or Barry Weingast — is that human beings are self-interested, and that self-interest will motivate their political choices. Furthermore, the working assumption for at least the last few centuries is that the primary self-interest for most people will be economic. Which is to say, most people will make their political choices based primarily on the impact those choices will have on their accumulation of the scare material resources of society.

There are all sorts of well-known individual and collective consequences of this, ranging from the tendency of democracies to create inter-generational externalities (pushing pollution and debt costs onto our children) to the difficulty of forming interest lobbies for large groups seeking diffuse benefits (why spend the money to join the Sierra club when you can just free ride and get all the benefits?).

This is not to say that people will not, on occasion, be motivated by the common good (like reducing poverty) or by interests that are not primarily economic (like reducing abortions). But for most people most of the time, those interest will be secondary. Especially if they come into conflict with the economic self-interest. Which is simply to say that your views on the proper future of slavery circa 1857 might well have hinged on the amount of capital you held in slaves, or the degree to which your livelihood was dependent on the slave economy.

This, of course, can make for some interesting situations, in which economic self-interest puts people or groups in awkward moral situations. The most famous (and potentially disturbing) example is the role of munitions makers in the promotion of war. This has been a popular concern for centuries, and nary a major war occurs in which the weapons manufacturers aren’t accused of promoting and/or outright lobbying for conflict over diplomacy. A more humorous example is the often-told dark joke about segregation being propped-up politically by the deep pockets of the water-fountain manufacturers lobby. And if you happen to own the equipment needed to clean up an oil spill, well, yes. There does not seem to be an issue one can think of in which an economic interest for somebody can not be imagined.

Which brings us to the flags.  As you might suspect, I have a certain fascination with the modern statehood movements in Puerto Rico, DC, and other American territories. Most of these movements have almost zero chance of success. Besides the mixed merits of their substantive claims for statehood, many of the movements are chronically underfunded,. There’s little incentive for the average person — either in the territory or outside of it — to donate money to them, because of the lack of particularized benefits and thus the ability to free-ride. Similarly, the economic consequences of statehood (in the contemporary cases) do not obviously benefit any sectors of the economy in particular. So the incentives for industry are at best neutral in regard to statehood, or in some cases may theoretically be to work against it.  In other words, there doesn’t seem to be anyone to bankroll any of these individual movements.

But there is one potentially large, national interest group that seemingly has a huge stake in the success of any and all statehood movements: flag manufacturers!

Think about it: the average flag never needs to be replaced (not counting the little throw-away flags used at 4th of July or whatever). They basically last forever, or at least a solid 40 years. So the demand for flags is almost purely based on the need for flags in new locations, with very little demand based on life-cycle replacement of existing flags. But if a 51st state were to be admitted to the union, every flag in America would need to be replaced. Every classroom in America, every government building, all the military flags, every patch on every college basketball jersey, all the 4th of July sidewalk lining flags that reused every year. Hell, as described above, there are 50-star American flags on the moon. It’s endless!

Let’s do some very rough back-of-the-envelope math to figure out what kind of cheese is at stake here. Flags cost all different prices, but it looks like your basic nylon mid-size U.S. flag is something like $20. I have no idea what the profit margin is on a flag, but I don’t think $2-$5 is unreasonable. Let’s say $2.50 per flag. Now we just need to know the total number of U.S. flags to be replaced. Who the hell knows? It’s like one of those i-banking interview questions. Five hundred thousand? A million? 50 million? I literally have no idea. But we need a better answer than “a mind-boggling amount.”

So let’s just estimate a sub-question: how many flags would the public schools need? Let’s assume that there’s a flag in every classroom, as there was when I was growing up. A quick google search indicates that no one actually knows how many high schools there are in America, but various estimates seem to be around 20,000. Give each of them a radically conservative estimate of 15 classrooms. And give each high school one middle school and 3 elementary schools with a total of 35 more classrooms. By my math, that’s a million flags right there, in a conservative estimate.  Which tells me this might be a billion dollar issue. In an industry that (evidently) hasn’t had a boom year since, well, 1959.

And talk about a manufacturing-sector stimulus plan. Imagine what the DoD contract for all new flags is worth? The lobbying campaign almost writes itself. Expand American Freedom, Create American Jobs. Do your part: give the gift of America this year. Statehood: It’s not just a 19th century relic. It helps makes the U.S. economy strong.

Of course, the flagmakers shouldn’t be satisfied with just a 51st state. The best strategy for the flagmakers’ lobby would be to try to get a state admitted about once a year, preferably in the late Spring. Under the flag laws at 4 U.S.C. § 2 (yeah), regardless of how many states are admitted to the union in a given year, new stars are only put on the flag on July 4, meaning it’s worthless for the flagmakers to get two states in at once. And the closer the admission date is to the next July 4, the less chance of any competition sprouting up to manufacture flags during the windfall. If you already are in the business of flagmaking, and you could just get a surprise admission in mid-June each year, I’m pretty sure that’s a goldmine.

Perhaps next week, I’ll do a more serious post on DC statehood. But for now, let me say that my preference would probably be to repeal the 23rd amendment, shrink the federal seat of government down to the bare-bones area surrounding the Mall, the White House, and the Capitol, and retrocess the remainder of the district to Maryland.

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On Presidential Debates and Antebellum Nostalgia

I enjoyed watching the GOP debate last night, but I also find the format stifling. Part of the problem is that it’s really hard to have a good debate with that many people on stage. But a more general problem with presidential debates is that the candidates themselves refuse to participate in debates unless they are very controlled events. So while I agree with many commentators who would like to see the presidential debates run under a more open-ended and lengthy format, the candidates themselves are a key obstacle in this regard.

What do I mean by this? Well, most people aren’t aware of the actual rules of the debates, which aren’t usually made public. But this 32-page agreement between McCain and Obama in 2008 should quickly disabuse you of the notion that a presidential debate ever has more than a small chance of being an unscripted watershed event in a campaign. The agreement prohibits the candidates from: issuing further debate challenges, appearing in any other debates with any other candidates, asking each other any questions, bringing any notes to the debate, using any video footage of the debate in a future campaign ad, or requesting that the other candidate agree to a pledge. Further, the moderator is almost completely constrained: response times are precisely specified; even when the moderator is given discretion to extend a question, it is often only for one minute, and he directed to give equal time to each candidate, and in some cases constrained as to who follow-up questions must first be directed to. Many actions are scripted: candidates are formally restrained from moving around except as specifically proscribed and must shake hands at specified times. Camera positions and cuts are specified. The size of the podiums is specified. The color scheme of the backdrop must be approved by the campaigns. It’s an enlightening document.

Obviously, presidential elections are serious business, and one would expect thorough rules for the debates. And a lot of the rules makes sense. But the overall feeling you get from reading those rules is that you’re not really watching a debate, just a highly structured joint media appearance. The sense is not that the candidates are submitting to a third-party event, but instead are constructing a bi-partisan event of their own. And since campaigns loathe events that they can’t control, the results are predictable. Honestly, it’s amazing to me that we ever even get presidential debates; it’s a testament to how much of a norm they’ve become, since candidates with solid leads in the polls or significant funding advantages have very little incentive to participate in debates. You see this a lot in local elections, where well-known incumbents refuse to debate, since it can only hurt them, by creating unscripted moments or by giving their opponent free media time and a chance to increase name ID. Obviously, primary and general presidential campaigns do not resemble local elections completely in this regard, but I think the debating norm is more fragile than most people assume.

Still, I don’t want anyone to get too nostalgic for the Lincoln-Douglas debates during their race for the Senate in Illinois in 1858. They are probably rightfully held up as an example of American democracy at its finest, but that doesn’t necessarily make them even close to our normative ideal. I can’t imagine the format of the Lincoln-Douglas debates would thrill anyone today: 60 minutes to one candidate, followed by 90 minutes to the other, followed by a 30 minute rebuttal by the first candidate. No questions from a moderator. Just straight up speeches. Can’t imagine that would engage many voters. I mean, I think I’d have a hard time watching it.

There’s also a tendency to glorify the L-D debates as substantively profound. Yes, the two of them spent most of the seven debates laying out their positions on slavery and its western expansion, but both candidates were just as interested in tarring the other’s position as they were in promoting their own. Douglas was intent on painting Lincoln as an abolitionist who wanted political and social equality for slaves post-freedom; Lincoln hinted that Douglas was himself a part of the slave power conspiracy that produced Dred Scot, and hinted that a Dred Scot II was going to force slavery upon the North. Neither candidates charges were remotely true; Lincoln was a rather conservative Republican (especially in 1858), and Douglas was in the midst of an attempt by what might actually be described as the “slave power” to politically crush him in response to his stand against the expansion of slavery and the LeCompton Constitution.

In sum, I think there’s a pretty hard cap on how effective a political debate can be for the purposes of informing the electorate about the relative positions of the candidates. The candidates have all sorts of strategic incentives to obscure their positions and the positions of their opponents, and that’s as true in a debate as it is during campaign stops and in stump speeches. Likewise, the idea of an unscripted back-and-forth between the candidates is probably fantasy: even if you could get the campaigns to agree to it (unlikely), it would probably not produce the results you were looking for. Just as with press conferences, a good politician can take any question and provide only as much response as he/she wants, without looking too bad. I think the best you can hope for in a debate is that it reveals something about the intelligence, the preparation, and ability to think on the fly of the candidates. Those are not policy positions, but they are plausibly attributes that one my like to see in a candidate. The ability to show them off in a debate is probably at least weakly correlated to the ability to employ them as President. Continue reading

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If you like it so much, you defend it

And so it comes to pass yesterday that the Obama administration will not defend DOMA against legal challenges in the federal courts, because the administration does not believe the law to be Constitutional.  The dual politics of gay marriage and federalism aside, what should we make of a President’s decision not to defend a properly-enacted congressional statute in the courts? Continue reading

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On the consequences of landslides

How will the 2010 midterm election affect the ideology of the House Democrats? Without speculating or considering how it might have changed the ideologies of individual returning members, it probably is safe to say it will have a moderately large aggregate effect simply via replacement. As many commentators have pointed out  (for example here and here), the Democratic losses in the election were skewed toward the more conservative wing of the party’s House membership. After the jump, I use some rough-cut empirical data to shed further light on this point. Continue reading

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Cold Fusion

This is an article about political fusion. But it won’t seem that way for several paragraphs.

From pretty much any perspective you want to look — drama, comedy, tragedy, intrigue, farce, oddity, chaos, what if, — it’s pretty hard, among political events,  to beat the 1860 Presidential election.

From a basic “what happened” standpoint, it’s easily the most unique election in American history. There were four candidates, representing three parties. One of the parties — the Democrats — had imploded at its convention in May and split into two factions. The second party — the Republicans — did not exist seven years prior. And the third party — the Constitutional Unionist — did not exist seven months prior.

The 1860 election also marked the collapse of the Presidential election system that had been devised by the Founders in 1787, and their attempt to build a system that required candidates who sought the Presidency to acquire a national following with strength in all areas of the country. None of the four candidates in 1860 were able to do this (and no single candidate for President would win a majority of the vote in both the North and South again until 1932): Continue reading

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On the idea that both parties might prefer not to control the House

This seems to be one of those pieces of counter-intuitive, chattering class conventional wisdom that bubble up every so often. I’m hearing it a lot from both directions. Heck, I’ve made the case myself.  A lot of people seem to think that the Democrats would be better off losing the House. And a growing number of people think the GOP would be better off not gaining control of the House. (Note that I’m not talking about Mickey Kaus’s theory that the GOP leadership would prefer a small majority to a large one. That is a different debate on a different dimension of issues).

It’s an interesting proposition, and usually goes something like this: if the Democrats lose Congress, the GOP will probably have a very small majority. They’ll be able to investigate the executive branch, but the prospects for them passing their program are almost nil – they will have a small majority and, beside, Obama will veto anything truly odorous that they pass. They will be unable to do anything, and the President will finally have a decent opponent to attack. Consequence: we win a big Democratic victory in 2012, which is more important anyway.

Or the GOP version: the economy is in the tank.  If we win control of the House, or the House and Senate, we’ll be saddled with owning the economy. And even if our policies could guarantee recovery, there’s an excellent chance we won’t be able to pass them over an Obama veto. So we’d be better off just cutting into Pelosi and Reid’s majority, but leaving them in total theoretical control but, in practice, without much ability to pass things. They can own the economy for the next two years, and in 2013 we’ll have all three branches, and probably a natural economic recovery to ride.

Here are four thoughts on all of this: Continue reading

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On the idea of a “taxpayer’s receipt”

There’s a new white paper out from Third Way, a progressive think tank, that is making a lot of headlines on various blogs for its proposal that all taxpayers receive an itemized “receipt” showing where their taxes go. As an example of what the receipt would entail, look at the graphic from Third Way.

Intuitively, this is a nice idea. It lets the average person see very clearly that the cost of some things (like war and social program entitlements) is enormous compared to the cost of other things (like the salaries of members of Congress). It lets the average person develop a more-informed opinion about how certain spending cuts would affect the budget. And, not unimportantly, it reminds people that the federal taxes pay for actual, you know, things. That cost actual money.

However, there are significant drawbacks to this idea, at least as currently proposed. Enough so that I don’t think I would endorse this as good policy, and I worry that fixing the concerns would destroy the gains achieved through teh simplicity of the Third Way example. Here are five concerns: Continue reading

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Fahrenheit 451

I give up. I thought for sure American politics had hits its local maxima for ridiculousness at several points this past year, but now we’re having a national debate over book burning. I know. The President has dispatched some shuttle diplomacy down to the Confederacy in order to negotiate a pre-emptive cease-burning with an itinerant preacher and his congregation of 50. Read that last sentence again.

Honestly, my feelings on book burning are similar to Carl Shurz’s thinking about slavery: this is a practice so obviously and utterly beneath a liberal democracy that trying to oppose it through logic or reason serves only to legitimate the ridiculous and make you a fool. Anyone participating in the practice is, almost by definition, not going to listen. So either gather the votes, or get the guns. If you don’t have the former and you can’t stomach the latter, then leave them to their pathetic selves until you do. But whatever the case, don’t engage these idiots.

Still — and not to go all Who IS IOZ? on you, but — there’s something surreal about President Obama lecturing everyone on how burning a Koran in Florida is going to ignite hostility in the Muslim world towards American and American troops while he himself is presiding over the dropping of explosives onto the heads of Muslims every day. If you don’t want Muslims to think America is at war with Islam, stop bombing, invading, and occupying their countries. I’m talking to you, Mr. President.

And yet, I have a few practical thoughts about book burning: Continue reading

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On The Idea of Repealing the 17th Amendment

It sure looks like the summer of 2010 is destined to be remembered as the time when everyone seemed to want to get themselves some Constitutional amending. And I’m not talking about your garden-variety balanced-budget amendment or flag-burning amendment or school prayer amendment or line-item veto amendment or any of the other 75 or so amendments that have been proposed in the 111th Congress. I’m talking about stuff like repealing the 14th amendment. Can’t say I saw that coming!

Still, repealing the 14th amendment makes for a boring discussion, because it quickly devolves either into an immigration debate — in which the probability of someone saying something new or interesting (minimal) is only slightly greater than the probability of anyone revising their opinion (infinitesimal) — or, even worse, a debate about race, in which both probabilities are highly likely to be exactly zero.

The same cannot be said for the idea of repealing the 17th amendment, which provides for the direct election of United States Senators. Unlike the 14th amendment, it makes for a rather interesting topic of conversation: it’s not exactly well-worn territory, so there are a lot of fresh thoughts. It doesn’t inherently evoke any partisan or ideological emotions, so people are often willing to think about it at face value.  And since the 17th amendment is a purely structural amendment —  a decision about how the basic framework of the national government should be constructed —  it’s right in the wheelhouse of anyone who spends their free time thinking about the institutional design of the United States Senate (ahem).

Without further ado… Continue reading

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On federalism, pot, and this November

There are very few things in politics that can be said with certainty or even near-certainty, but here’s one that I’m close to 100% sure about: there’s a whole host of staffers in the White House praying that California doesn’t legalize pot this Fall.

If you haven’t been following, the odds of legal pot next year on the west coast are about even money. There’s both a bill in the Assembly and, more importantly,  a referendum on the November ballot that is polling above 50% right now. And we’re not talking Massachusetts-style decriminalization, or even Amsterdam-style psuedo-legalization. We’re talking totally legal, commercial production, distribution, sale, and consumption. Five points: Continue reading

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Executive Power: A quick note from the Kagan hearing

In response to a question about executive war power and the detention of enemy combatants, Kagan said that the Obama administration (through the Office of the Solicitor General and the DOJ) has grounded its opinion of its power not under inherent Article II powers, but instead under the statutory powers granted by Congress under the Authorization for the Use of Military Force in Iraq and Afghanistan (AUMF). Fair enough.

She then went on to talk about the famous “Youngstown” test as articulated by Justice Jackson: a question of Presidential authoriy can fall into one of three situation. First, when Congress has specifically authorized the President to act; second, when Congress has been silent; and third, when Congress has specifically barred the activity in question. The first should be given the widest lattitude, the second somewhat less, and the last should be given the least latitude.

Conveniently, the argument is that the AUMF puts Continue reading

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RIP: Robert Byrd

Senator Robert Byrd of West Virginia passed away early this morning. He will be remembered for many things, some good and some bad. He was the longest-serving Senator in American history, having served over 51 years. He was a staunch institutional defender of Congress in an age of Presidential supremancy, perhaps the last true Whig. And he is the last of the old-line southern Democrats, a once-upon-a-time member of the Klan and active participant in the filibuster against the civil rights act in 1964 (Byrd has long since renounced — and apologized for — both things). Continue reading

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Facts that Stun

In the past three weeks I’ve read two books — The Best and the Brightest and The Big Short. Despite being written 40 years apart and dealing with utterly different topics (foreign policy in the 60’s and Wall Street in the 00’s, respectively), the books are fundamentally about the same thing: ostensibly smart people making enormously consequential errors because they refuse to accept reality, substituting either outdated or fantastical views of the world for plainly available facts.

In TBATB, the most painful errors (in retrospect) are those of Continue reading

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Research Note: Investigating Disasters

Presidential Executive Orders creating, and final reports of, commissions on…

…the assassination of President Kennedy (EO #11130, 11/29/1963). Final Report.

…the Accident at Three Mile Island (EO #12130, 4/11/1979). Final Report.

…the explosion of the Challenger (EO #12546, 2/3/1986). Final Report.

…the oil spill in the Gulf (EO #13543, 5/22/2010). Final Report.

Note that the 9/11 commission was created statutorily by Congress. Final Report here.

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Swinging on America’s J-Curve

I think I’m going to lose it if I have to listen to one more person talk about how America’s fiscal problems are a “failure of the political class.”  You hear this every Sunday on the major talk shows, David Brooks writes some variation of it every other week in the back of the New York Times, and most of the Washington journalistic corp not only buys into the idea, but all of them seem to think they invented the concept because they were the last ones to write about it.

It’s complete nonsense. Whatever shortcomings you might ascribe to America democracy, that the Members of Congress are ignoring a massive pubic outcry  is not one of them. As if somehow the problem is that all the people want nice balanced budgets and a reduced public debt, it’s just that the politicians won’t deliver it to them. Please… Continue reading

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On southern nationalism…

There’s a house in my town that prominently flies the confederate battle flag on a flagpole in the middle of the front yard.

Now, that’s not something you see every day in northern Virginia. Sure, seemingly every highway here is named after Jefferson Davis, Stonewall Jackson, or Robert E. Lee. And yeah, many of the high school mascots are still “Rebels.” But all that stuff… Continue reading

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On the idea of “anti-incumbency”

You really can’t swing a dead cat around the chattering class these days without hearing about the “anti-incumbent” situation both political parties are facing this primary season and then this November. It’s really become the CW of a wide stripe of armchair political analysts, both the (over)paid type on TV and their counterparts at your water cooler. Judging by those two bellwethers, you’d think that most of the House was in serious danger of losing this fall.

I agree  that there’s something very interesting (and perhaps quite unusual) going on right now in American electoral politics. But I’m skeptical that “anti-incumbency” is the right word for it.The supposed evidence has significant flaws: there was no incumbent running in PA-12. there’s no incumbent running for Senate in Florida. There’s no incumbent running for Senate in Kentucky. The Pennsylvania Senate race featured an incumbent who was facing a new primary electorate for the first time.

But, you say, what about the other primaries? Continue reading

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