The Electoral College: Beyond the Conventional Wisdom

The matter of how the U.S. President is to be selected was a tough nut for the delegates in the Constitutional Convention in 1787 to crack. Mason observed the following in convention, “In every Stage of the Question relative to the Executive, the difficulty of the subject and the diversity of the opinions concerning it have appeared.”[1] The alternative proposals centered around the Congress, State legislatures, the governors, the people, and electors designated for the specific purpose as the possible determiners. Although the delegates were men of considerable experience, their best judgments about how the alternatives would play out were subject to error as well as the confines of their times. In re-assessing the Electoral College, we could do worse than adjust those judgments and rid them of circumstances pertaining to them that no longer apply. For example, the Southern States no longer have slaves, so the question of whether those States would be disadvantaged by going with a popular vote no longer applies; the alternative of going with the popular vote nationwide no longer suffers from that once-intractable pickle. Yet lest we rush headlong into a popular vote without respect to the States, we are well advised not to dismiss the points made by the convention delegates, for we too are constrained by our times, and we may thus not be fully able to take into account points that have been forgotten.

The full essay is at "The Electoral College."

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1. James Madison, Notes of Debates in the Federal Convention of 1787 Reported by James Madison (New York: W. W. Norton, 1966): 370.

Encroaching Political Consolidation: The Weakening of the U.S. Federal System

It is much easier to point out the sliver in the other person's eye than the plank in one’s own. Regarding the gradual political consolidation of power at the federal level in the U.S. at the expense of not only the member-state governments, but also the federal system itself, it is easier for a political party to dismiss its own contribution than to take a wider stance including the continued viability of the federal system, or federalism, itself. As a result, both of the major parties has contributed to the increasing political consolidation at the expense of the check-and-balance feature that a balanced federal system has.

The full essay is at "Encroaching Political Consolidation in the U.S."

Democracy Impaired in the E.U.: The State-Level Vortex

In interpreting exit polls released on May 26, 2019 on the E.U.’s Parliament election, The New York Times pointed to two issues, only one of which pertained to the federal level. “Observers looked to [the election] to gauge the popularity of the various anti-immigration, anti-elite, Euroskeptic parties across the union.”[i] Had the E.U. electorate focused on such a matter so central to the European Union itself, democracy at the federal level would have been nearly perfect. However, the encroachment of state-level politics in the federal election, the other point, contributed to the democratic deficit at the federal level. This takes away from the viability of the federal system itself.

The full essay is at "Democracy Impaired in the E.U.: The State-Level Vortex."

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1. Steven Erlanger, “European Election Results: The Mainstream Loses Ground,” The New York Times, May 26, 2019.

A Far-Right "States' Rights" Ideological Depiction of the European Union Critiqued

Roughly a month before the 2019 elections of the representatives in the E.U.’s Parliament, Matteo Salvini, the leader of an anti-immigrant party at the state level in the state of Italy, announced the formation of a far-right party—also anti-immigrant—at the federal level. Because far-right parties at the state level are dubbed “nationalist,” at least by The New York Times, that paper suggested at the time that such nationalist parties federalized can seem “incompatible with a transnational body.”[1] I submit that any such thought of even apparent incompatibility stems at least in part from a lack of understanding of the E.U. itself, as well as federalism and thus the place of states from the perspective of the federal system rather than a state. In short, the paper implicitly took the perspective of the states in writing about the upcoming election. The paradigm chosen by the paper reflects the far-right ideology in the E.U., and is thus not neutral. In fact, the slant is inherently helpful to the Euroskeptic and anti-immigration political agendas.

The full essay is at "A Euroskeptic Depiction of the E.U."

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1. Megan Specia, “European Elections 2019: How the System Works and Why It Matters,” The New York Times, May 21, 2019.

Christianity by State: The Religious Dimension of Federalism

According to the  2010 U.S. Religious Census of Religious Congregations & Memberships Study by the Association of Statisticians of American Religious Bodies, less than 50 percent of the people living in the United States identified themselves as Christian adherents in 2010. There were more than 150.6 million out of 310 million. Even so, candidates for the U.S. presidency still felt the need to vocalize the fact that they are Christian (while the opponent doesn't quite measure up in that respect). President Obama made a point during his first two years in office to stress his Christianity as if it were the membership card to the Oval Office. It would seem that the litmus test was already antiquated and thus needlessly constrictive on potential candidates.

The full essay is at "Christianity by State."

A Bit of Federalism in ObamaCare

Senator Ron Wyden has written to government officials of Oregon to encourage them to “come up with innovative solutions that the Federal government has never had the flexibility or will to implement.” This is significant because he is a democrat. As long as a state covers the same number of uninsured and keeps coverage as comprehensive, the following can be waived:

1. the individual mandate to purchase insurance (i.e., what Virginia and Florida are suing over)

2. regulations about business taxes

3. federal standards for minimum benefits

4. allocation of subsidies in the insurance “exchanges.”

The full essay is at "Federalism in Obamacare."

Source: Wyden Defects on ObamaCare, WSJ, September 3, 2010, p. A16.

Essays on Two Federal Empires

This collection of essays suggests that the E.U. and U.S. are both cases of modern federalism at the empire political-level and scale. Distinct attributes and dynamics apply, which do not apply at the state level. Unfortunately, too often today, people treat a state in one union as equivalent to the other union rather than to one if its own states. This category mistake ignores vital differences, and thus is apt to result in sub-optimal public policy and even governmental design. To be sure, each union faces its own risks--dissolution being a threat for the E.U. and consolidation for the U.S. Though correcting for the passage of time, dissolution is/was a risk for both the early E.U. and the early U.S. Such a basis of comparison is optimal. Americans and Europeans can indeed learn from each other, with more perfect unions resulting. 

The book, Essays on Two Federal Empires, is available in print and as an ebook at Amazon.com.

The E.U.’s Central Bank: Beholden to State-Level Politics

Faced with the rise of anti-euro candidates for state offices throughout the E.U., Mario Draghi, the president of the E.U.’s central bank deemed it politically prudent to depart from the light world of cool economic data to mount a spirited defense of the euro and even free trade in March, 2017. With the UK having voted to secede from the Union, he could not assume that the state of the Union would continue to be inherently viable. Indeed, some political candidates at the state level were “questioning the whole idea of a united Europe and the European Central Bank’s fundamental reason for being.”[1] 

The complete essay is at Essays on Two Federal Empires.

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[1] Jack Ewing, “As E.C.B. Charts Economic Course, Politics Complicate the Picture,” The New York Times, March 9, 2017.

Federalizing State Warheads in the E.U.: The Problem of Excessive State Power in a Federal System

Only months after Donald Trump became the federal president in the U.S., an idea, “once unthinkable,” was “gaining attention in European policy circles: a European Union nuclear weapons program.”[1] The arsenal in the state of France would be “repurposed”—which is to say, federalized in American terms—to protect the European Union rather than merely one of its states. The command of the weapons, as well as the funding plan and defense doctrine, would be federal. Even though the question of whether the E.U. could continue to count of American protection—there being dozens of American nuclear weapons in the E.U.—was at the time most tantalizing, I submit that the matter of federalism in the case of the E.U. is salient too.

The complete essay is at Essays on Two Federal Empires.

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[1] Max Fisher, “Fearing U.S. Withdrawal, Europe Considers Its Own Nuclear Deterrent,” The New York Times, March 6, 2017.

Great Lakes Water in the U.S.: Treating a Union as a State

Squabbling amongst states in a federal system may be an inherent feature of federalism. How much the jealousies and petty interests manifest in terms of policies may depend on the balance of power between the federation itself and its member-states. In the case of the E.U., the spat at the state level over how to allocate the tens of thousands of refugees from the Middle East and Northern Africa effectively stymied federal action that could have assuaged the angst. It is no accident that the state governments hold most of the governmental sovereignty in the E.U. federal system. By contrast, the case of the U.S. demonstrates that nearly consolidated power at a federal level can obviate, or stifle, strife between state governments. This alternative is not optimal either, for interstate differences tend to be ignored, resulting in increasing pressure on the federal system itself. How to handle municipal requests for drinking water from Lake Michigan is a case in point.

The complete essay is at Essays on Two Federal Empires.

Why the E.U. is Compromised in Handling the Refugee Crisis

At least four E.U. states, including Hungary, the Czech Republic, Slovakia, and Poland, rejected a federal plan on September 11, 2015 that would have imposed refugee quotas on the states. The failure to come up with a fair allocation of migrants by state threatened to undo the borderless travel within the E.U. The tremendous influx of mostly Syrian refugees exacerbated differences between the states; given their power even at the federal level of the E.U., the infighting was a risk to the viability of the E.U. itself. I contend that structural flaws in the E.U. itself unnecessarily compromised the Union from quashing the risk to itself by solving the refugee problem. The state governments were clearly not in unison in dealing with the problem themselves.

The complete essay is at Essays on Two Federal Empires.

Refugees held up in Hungary because the state's government was overwhelmed. Why didn't the E.U. step in to help? (Mauricio Limo/NYT).

Migrants Overwhelming Europe: Unfairness Impeding the E.U.

More than 100,000 migrants, many of them refugees from conflicts in the Middle East and Africa, entered Hungary from January to August 2015, the vast majority en route to the more affluent northwestern E.U. states. A record 50,000, many of them Syrians, reached Greece by boat from Turkey in July alone. Meanwhile, Hungary was building a fence along the state’s border with Serbia, where 8,000 migrants were staying in parks, to keep more migrants from entering.[1] I contend that the disproportionate power of the state governments relative to that of the federal government accounts in part for the difficulty that the E.U. has faced in coming to grips with the tremendous influx. This case suggests why redressing the imbalance in the federal system has been plagued with difficulty.

The complete essay is at “Migrants Overwhelming Europe.” 

Police disperse migrants at a registration place in Kos, Greece. Should the E.U. leave it to the state governments to handle the crisis? (Yorgos Karahalis/AP)

Can the Euroskeptic States Topple the E.U.?

Can we say that an E.U. state is Euroskeptic? If so, Britain would be a consistent candidate for the label. Yet what about when Tony Blair was the prime minister? Poland and the Czech Republic have also swung back and forth in line with the electoral winds within those states. If states are less fixed than typically thought with respect to being Euroskeptic, then what looks like intractable skepticism may in fact be more easily overcome at the state level. It follows that the E.U. itself has more chance than typically presumed to obviate its own decline and dissolution.

The full essay is at "Essays on the E.U. Political Economy," available at Amazon.

Day of Rage

Friday, August 16, 2013: A day of anger as proclaimed by Morsi supporters in Egypt. A day of death and carnage. A day of intransigence on both sides. Just a day earlier, the U.S. government had cancelled planned joint military exercises. Besides being largely symbolic rather than real sanction, the exercises were due to be downsized anyway due to the ongoing, across-the-board, sequester of the U.S. Government’s budget. Can something so convenient be counted as even “sending a signal?” Meanwhile, American foreign aid to Egypt, $1.3 billion—second only to what the U.S. gives Israel—continued, as if there were no sequester. As a direct result of the financial complicity, thousands of protesters in Turkey were shouting anti-American slogans. The protesters were so well informed that they were protesting the decision of the Obama administration not even to decide whether there had been a coup in Egypt when the military deposed Morsi. Turkey had emerged as one of the fiercest critics of what it has called an “unacceptable coup.”[1]

It is not as though the American aid gives the U.S. much leverage with the Egyptian military; aid from Middle East states, including Saudi Arabia (whose statement on the Day of Rage voiced support for the military), dwarfs that of the United States. Meanwhile, the U.S. Government, fearful of something worse (for the U.S.) in Egypt than its military, was not fooling the Turks or the rest of the world. The sad truth is that Americans could be harmed as a direct result of their government’s attempt to hold onto whatever leverage existed.

                                           The Egyptian military's "No Tolerance" in action on the Day of Rage.  AP/Hassan Ammar 

It is not as though cutting off foreign aid to Egypt would be so “radical” that the option was not realistic. On the Day of Rage, Germany, ein Land—wirklich Staat—auf die Europäische Union, suspended $25 million in aid to Egypt for climate and environmental protection projects.[2] Meanwhile, Germany, Egypt’s largest trading partner, joined with the French Government in calling for a federal response from the E.U.’s Council of Ministers and presumably the E.U.’s Foreign Minister. Indeed, one of the reasons for creating the E.U. had been that the states would have more influence together than separately. The states’ rights ideology was yet again obstructing Europe from attaining that goal.

I suspect that the difference in the respective reactions of the E.U. and U.S. with respect to foreign aid have to do with the power of the Israeli lobby being greater in the U.S. than the E.U. The U.S. Government was thus vulnerable to the accusation of hypocrisy on its democratic principles out of a rather obsessive concern for Israel’s safety. Had both unions withheld both foreign aid and trade with Egypt, the question would be whether the foreign aid from within the Middle East would be sufficient to sustain the Egyptian military in power. Ich weiß es leider nicht. At any rate, it is unfortunate that democracy and human rights can be so eclipsed by politics in the U.S. and even the E.U., the latter behaving as though it had one arm tied behind its back.

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1. Clare Richardson, “Hundreds in Turkey Protest Against Egyptian Crackdown,” Reuters, August 16, 2013.

2. Associated Press, “Germany Suspends Egypt Aid As World Continues To React To Crisis,” The Huffington Post, August 16, 2013.

The Checks and Balances of Federalism: Hungary vs. the European Parliament

One of the benefits of federalism is the checks and balances between the two systems of government existing in a federal system—that of the states and that of the federal government. That is to say, federalism can be thought of as a governmental system that contains two systems of government—that of the states and that of the federation. Either of these systems can go too far, and the other system should have the wherewithal to pull the other back without compromising its viability. This is why the consolidation of power in one system (e.g., the U.S. Federal Government) compromises the viability of a federal system at least with respect to its checks and balances. One other point: the two systems in a federal system are on the same level; that is, one is not “above” the other. Hence, the supremacy clauses in the E.U. and U.S. refer only to competencies or domains assigned to the federal government.

The full essay is at "Essays on the E.U. Political Economy," available at Amazon.

Women on Corporate Boards: Britain vs. the E.U. Justice Commissioner

In 2012, women made up 13.7% of board positions in large listed companies in the E.U., and 15% for nonexecutive board positions, according to The Wall Street Journal. In the U.S., according to Kay Koplovitz of USA Network, the number of women on corporate boards had been stalled at more or less 15 percent for over ten years. Whereas in the U.S., people would look at Congress to enact a uniform inter-state standard or else leave the matter to individual corporations, the E.U. has other alternative means, such as the directive. That device relies on the state governments to decide on the penalties as well as enforcement against violators of the E.U. law. Even though the Commission could take a state refusing to implement a directive to the European Court of Justice, the “cost” of the flexibility in the state-based implementation is a possible dilution in the law’s aims being achieved throughout the E.U. rather than just in a few states. Put another way, even as the ideological diversity within the empire-scale union is accommodated, advocates of more female representation on corporate boards may be disappointed as some states give non-complying companies only a slap on the wrist.

The full essay is at Essays on the E.U. Political Economy, available at Amazon.

Bulgaria Shrugs Off the Euro

In early September 2012, Reuters reported that Bulgaria had “abandoned plans to adopt the single currency in response to deteriorating economic conditions and rising uncertainty over the prospects of the European Union. Finance Minister Simeon Djankov was quoted as saying as much.  Bulgaria was at the time the poorest state in the E.U. (similar perhaps to Mississippi in the U.S.). It is significant that Bulgaria was one of the least indebted states and was “trying to stick to tight fiscal discipline to avoid risks to the lev currency, which [was at the time] pegged to the euro.” In this regard, Bulgaria was like Finland and Germany in that it faced the prospect of paying for other states’ profligacy and lack of self-discipline. From this vantage point, it makes perfect sense for Bulgaria to demur. However, the perspective may be short-sighted in another respect. Specifically, Bulgaria risked missing the boat on the E.U.

The full essay is in Essays on the E.U. Political Economy," available in print and as an ebook at Amazon.

Saving the E.U.: Beyond the Squabbles

During the G-20 meeting in Mexico in June 2012, the E.U.’s financial mess was front and center. Francois Hollande wanted the European Central Bank to issue euro bonds and be able to loan directly to banks and to the European bailout funds. In general, he wanted the E.U.’s bank to operate more like the United States’ Federal Reserve—that is, as a lender of last resort (though the Fed could not issue debt to guarantee state debt). In response, Ms. Merkel contended that those proposals must come after more state sovereignty is shifted to the federal level. Shared debt can work only if there is shared decision-making over budgets, taxes and pensions, she said. As Joschka Fischer, a former German foreign minister and Green party stalwart, said, “You can’t mutualize the debt without mutualizing sovereignty; you can’t have the financial benefits of a state without having one.” And yet, the E.U. already had substantial (but not sufficient) governmental sovereignty.

          France's Francois Hollande and Germany's Angela Merkel at the G20 Summit.      AP

The full essay is at Essays on the E.U. Political Economy, available at Amazon. 

European Central Bank to E.U. Leaders: Vision Is Needed

Mario Draghi, president of the European Central Bank, warned a committee of the E.U.'s parliament at the end of May 2012 that the structure undergirding the euro in the E.U. had become "unsustainable." He criticized political officials for having kicked the can down the road by enacting half-measures or else delaying decisions, thus making the debt crisis even worse than it otherwise would have been. "The next step is for our leaders to clarify what is the vision for a certain number of years from now."[1] Similarly, Olli Rehm, vice president of the E.U. Commission (the E.U.'s executive branch), said that ways must be found to avoid a disintegration of the common currency.

The full essay is in Essays on the E.U. Political Economy, available in print and as an ebook at Amazon.

1. Jack Ewing, "A Terse Warming for Euro States: Do Something New," The New York Times, May 31, 2012.

Unions and States at a G-8 Meeting

At the G-8 summit at Camp David in May 2012, E.U. and U.S. leaders met with the leaders of four E.U. states (Italy, Germany, France and Britain). As this picture illustrates, the qualitative differences between looking after a union of states and a state can show up unintentionally in informal seating arrangements. In the context of the European debt crisis—in particular, whether to give one state (i.e., Greece) stimulus cash or just insist on the austerity programs already agreed to—the governors of the E.U. states have particular agendas (given the financial interests of the respective states) whereas the federal officials are oriented to the good of the whole (i.e., the E.U.). President Obama of the U.S. was by the time of the summit used to taking such a perspective over and above the interests of particular U.S. states. Such a commonality of federal, empire-level interests as distinct from the relatively particularized interests of E.U. (and U.S.) states could be reflected in the seating arrangement in the picture taken by the White House, wherein Obama, Barroso (sitting next to Obama), and Van Rompuy (in the sweater) seem to be facing the four governors. The seating arrangement could just as easily have been a circle. It probably was, originally, and I suspect that the federal v. states distinction operated unconsciously on the participants such that the three federal officials came to be as though a line facing the four governors of E.U. states.

The complete essay is at Essays on Two Federal Empires, available at Amazon.