The Veto Power of the U.S. President

On September 12, 1787, in the U.S. Constitutional Convention, Gerry claimed that the "primary object of the revisionary check on the President is not to protect the general interest, but to defend his own department" (Madison, Notes, p. 628). Gerry was stressing the value of maintaining the separation of power that was to exist between the three branches of the U.S. (General, or federal) Government. I believe he was inordinately fixated on his point--missing the presiding function of the U.S. President. Also on September 12, Madison averred that the "object of the revisionary power is twofold. 1. to defend the Executive Rights 2. to prevent popular or factious injustice" (Madison, Notes, p. 629). In addition to be an advocate of the separation of power within the U.S. Government, Madison was concerned that a large faction in the majority might oppress a minority faction and he viewed the expanded republic of the union as a means to minimize such tyranny. He too was slighting the presiding role of the president.

The full essay is at "The Veto Power of the U.S. President."

Source: James Madison, Notes in the Federal Convention of 1787 (New York: Norton, 1987).

Judicial Ethics: Friendship and Philanthropy

Harlan Crow was a Dallas real estate magnate and a major contributor to conservative causes. He did many favors for his friend, Clarence Thomas, “helping finance a Savannah library project dedicated to Justice Thomas, presenting him with a Bible that belonged to Frederick Douglass and reportedly providing $500,000 for [Virginia] Thomas to start a Tea Party-related group.” The two friends spent time together at “gatherings of prominent Republicans and businesspeople at Crow’s Adirondacks estate and his camp in East Texas.” Crow also “stepped in at Thomas’ urging” to finance the multimillion-dollar purchase and restoration of the cannery that had employed the justice’s mother. Crow’s restoration “featured a museum about the culture and history of Pin Point that has become a pet project of Justice Thomas’s. . . . While the nonprofit Pin Point museum is not intended to honor Justice Thomas, people involved in the project said his role in the community’s history would inevitably be part of it, and he participated in a documentary film that is to accompany the exhibits.”

News “of Mr. Crow’s largess provoked controversy and questions, adding fuel to a rising debate about Supreme Court ethics. But Mr. Crow’s financing of the museum, his largest such act of generosity, previously unreported, raises the sharpest questions yet — both about Justice Thomas’s extrajudicial activities and about the extent to which the justices should remain exempt from the code of conduct for federal judges. Although the Supreme Court is not bound by the code, justices have said they adhere to it. Legal ethicists differed on whether Justice Thomas’s dealings with Mr. Crow pose a problem under the code.”

The code says judges “should not personally participate” in raising money for charitable endeavors, out of concern that donors might feel pressured to give or entitled to favorable treatment from the judge. In addition, judges are not even supposed to know who donates to projects honoring them. . . . (T)he restriction on fund-raising is primarily meant to deter judges from using their position to pressure donors, as opposed to relying on ‘a rich friend’ like Mr. Crow, said Ronald D. Rotunda, who teaches legal ethics at Chapman University in California.” On the other side of the argument, Deborah L. Rhode, a Stanford University law instructor who has called for stricter ethics rules for Supreme Court justices, said Justice Thomas “should not be directly involved in fund-raising activities, no matter how worthy they are or whether he’s being centrally honored by the museum.”

The ethical analysis is at "Judicial Ethics."

Source:

Mike McIntire, “Friendship of Justice and Magnate Puts Focus on Ethics,” The New York Times, June 18, 2011.

The Flemish and Walloons: Worlds Apart?

I contend that the cultural differences between the Flemish and Walloons within Belgium have been exaggerated to such an extent that the state government of Belgium has been paralyzed and solutions have eluded the Belgians. Reducing the fear-induced swelling of the admittedly real differences within Belgium may therefore facilitate relief from the paralysis. In other words, the added perspective from viewing the cultural differences as less traumatic can help the Flemish and Walloons to either live together or, ironically, be able to separate. That’s right—a more realistic assessment of the differences can actually facilitate the separation of Belgium into two (or three) E.U. states (or Flanders joining the Netherlands and Wallonia joining France—and the German-speaking area joining Germany). Exaggerating differences can snuff out consideration of such alternatives and enable continued paralysis.

The full essay is at "Flemish and Walloons."

                                            

Ronald Reagan

Ronald Reagan’s extolling of individualism amid the problem that he saw as government itself resonated with the religious overtures of American divine providence as a city on a hill—a promised land akin to the New Jerusalem. Even as material self-interest taking advantage of unbridled markets under the guise of competition was not Reagan’s primary orientation, greed could easily trump the force of Reagan’s normative envelop, human nature such as it is.

The full essay is at "Ronald Reagan."

Banning Corporate Earmarks: Too Broad?

In March 2010, the U.S. House Appropriations Committee banned earmarks to for-profit companies. Had such a ban been in place in 2009, it would have meant the elimination of about 1,000 awards worth a total of about $1.7 billion. Many of those earmarks went to military contractors for projects in lawmakers’ home districts. The committee seemingly meant to end a practice that has steered billions of dollars in no-bid contracts to companies and set off corruption scandals. However, it is also possible that the vote was a “dog and pony show” not meant to result in any eventual law. Such a show would give the American public the illusion of Congressional effort to reduce the impact of business on the elected representatives.

The full essay is at "Banning Corporate Earmarks."

 Source:

 Eric Lichtblau, “Leaders in House Block Earmarks to Corporations,” The New York Times, March 10, 2010.

The Keynesian Drug: America’s Achilles' Heel

Keynes posited that government deficit-spending could boost an economy’s output of goods and services when it is short of full-employment. In the context of an economy near full-steam, tax cuts and/or more government spending could trigger inflation while adding little to GDP. To maintain balance in the government accounts, government surpluses during the ensuing upswing are used to pay off the accumulated debt. This is the theory. Unfortunately, it seems to be at odds with representative democracy. Specifically, a systemic bias exists in favor of recurrent deficits, and thus accumulating debt.

The full essay is at "The Keynesian Drug."

Sources:

Brutus, Letter 8, January 10, 1788, 2.9.95, in Herbert J. Storing, ed., The Anti-Federalist, (Chicago: University of Chicago Press, 1985).

Alan Simpson, Newsweek, December 27, 2010, p. 28.

On the Ethics of Legislating

The means by which a bill becomes a law are sometimes referred to “how sausage gets made” because they are not suited for public display.  The belief is that were the citizens to see what goes on in the process, they would demand that it be changed. Perhaps this means that it should be changed.

The full essay is at "On the Ethics of Legislating."

A European Utility Re-Envisioning Energy: An Opportunity for Visionary Leadership

When Eneco began a business called CrowdNett in which the company would sell large home-batteries to people having solar panels, the Dutch electric utility was on the way toward putting its electricity-production business out of business. The company would continue, though radically transformed. The strikingly different strategic-course correction was based on a rather unique vision of a novel social reality in which homes generate their own energy and then some. In the context of climate change and accumulating carbon dioxide in the atmosphere, Eneco’s CEO had an opportunity in 2017 to lead not only organizationally, but societally as well by promoting the radical social reality already envisioned.

The full essay is at "Re-Envisioning Energy."

For more on visionary leadership and management, see The Essence of Leadership: A Cross-Cultural Foundation, available in print and as an ebook at Amazon. 

The U.S. House of Representatives: An Aristocratic Democracy-Deficit?

The abrupt resignation of Jesse Jackson, Jr., from the U.S. House of Representatives in 2012 only weeks after being re-elected gave Democratic politicians in Chicago a rare opportunity to get their hands on a Congressional seat. The New York Times observed at the time that such seats “in Democratic strongholds” of Chicago “do not come open very often, and when they do, a line forms fast.” According to Debbie Halvorson, who ran against Jackson, “If someone is thinking of becoming a congresswoman or congressman, this might be their only chance. Whoever gets this will have it forever, they say. That’s why everyone wants to take a chance.” In other words, the office is a sort of personal entitlement. From a democratic standpoint, this represents “slippage.”

Even though the U.S. House Chamber looks large, it represents 310 million people.   Source: Britannica

The full essay is at "An Aristocratic Democracy-Deficit."

Source:

Steven Yaccino and Monica Davey, “Illinois Sets Election Dates to Replace Jackson in House,” The New York Times, November 27, 2012.

Pressuring Employees to Act as Lobbyists on the U.S. Debt: Ethical?

How far a boss can ethically become involved in an employee’s political role as a citizen is a question perhaps more important than whether a business should make demands regarding what an employee does in the privacy of his or her own home (e.g., smoking or drinking products that are legal). It would obviously be objected, for example, were a supervisor to insist on accompanying a subordinate into the voting booth to verify the vote. What about pressuring an employee to lobby as a private citizen in the company’s interest without being paid for that work? Is it even work when it is “voluntarily” done on “off-time”? Finally, would it make a difference if the issue held systemic importance—meaning if it were vital to the country itself or at least the economic system—and the particular stance being advocated by the boss had value in solving the systemic problem (i.e., not just in the company’s interest)?

                 Federal U.S. deficits as a percentage of GDP from 1792 (2012-2016 projected). Notice that the projections take the deficits down from 2008-2010 levels. Notice also 1960-2010 as differing significantly from the "episodic" pattern in the 1792-1930 period. Why?

The full essay is at "Pressuring Employees."

Sources:

Damian Paletta and Kristina Peterson, “CEOs Flock to Capital to Avert ‘Cliff,” The Wall Street Journal, November 28, 2012.

Christina Wilkie, “’Fix The Debt’ CEOs Underfund Employee Retirement, Demand Cuts For Elderly,” The Huffington Post, November 27, 2012.

Ethan Rome, “Goldman Sachs CEO Lloyd Blankfein Wants Seniors to Get Less,” The Huffington Post, November 27, 2012.

Massey Mining: Beyond Regulations

Massey Energy Co. owned the mine in West Virginia where 29 minors were killed in an explosion in 2010. Faulty water nozzles failed to stop a spark from setting a pocket of methane gas on fire, which in turn led to an explosion of coal dust. Other safety violations, such as not cleaning up extra coal dust, contributed to the accident too. While it is unfortunately not unusual for managers to cut corners on regulations, the attitude evinced at Massey may point to a deeper problem in how some companies view law itself--as an obstacle to be overcome rather than constrained by. 

Emergency vehicles head to the Massey explosion in which 29 miners were killed.   AP

The full essay is at "Massey Mining."

From Visionary Leadership to Management: Taking a Bite Out of Apple

Founders and otherwise visionary leaders in business can be distinguished from managers, even though a manager may be running a company. For one thing, managers may resent leaders for being able to take in a larger view while relegating—even dismissing the petty, which can be so alluring to the managerial mentality. Leaders in turn may view the implementation of a vision as nugatory at best. More abstractly, change as paradigmatic (i.e., shifting from one broad framework to another) has its fans (i.e., visionary leaders), while the status quo has its own defenders (i.e., managers). Vision and big ideas are typically associated with a company’s founder or visionary leader, whereas bureaucracy tends to go with the implementation-focus of managers (including executives). In short, to suppose that leadership and management are the same is to ignore a lot that separates them. In the case of Apple, the shift from leadership to management that occurred with the passing of Steve Jobs may be at least partially responsible for the subsequent decline in the company’s stock price. In this essay, I explore the change at Apple to demonstrate why management should not be conflated with leadership.

Tim Cook testifying at the U.S. Senate. Is he innately a visionary or is his leadership managerial in nature?    Getty Images

Material from this essay has been incorporated in The Essence of Leadership, which is available at Amazon in print and as an ebook.

The Essence of Leadership

In The Essence of Leadership, leadership itself is reformulated in such a way that what emerges—the essence of leadership—is distinct from related phenomena, including management, presiding, and mentoring. This is not to say, however, that leadership bears no relation to strategy—hence the complex concept of strategic leadership, which is not without risks. Leadership itself contains risks, which a focus on the essence of leadership, rather than, for instance, taking leadership as simply about having influence, can arguably minimize. Such risks include the cult of the leader, to which charisma and attributions of heroism are especially susceptible, and the distorting impact of ideology, such as in Burns’ version of transformational leadership. Shaking out the risks and distinguishing leadership as a unique phenomenon are ways of pointing back to the essence of leadership, which applies in virtually any culture. That is, the essence is cross-cultural. Taking comparative religion as a stand-in for cultures, I demonstrate that the essence of leadership can be informed by Taoist, Buddhist, and Judeo-Christian principles.

Material from this essay has been incorporated in The Essence of Leadership, which is available at Amazon in print and as an ebook.

U.S. Government Debt: A Constitutional Moment?

The Congressional Budget Office (CBO) issued a report in June 2011 indicating that the debt of the U.S. Government had reached a dangerous level—that is, one likely to trigger a financial crisis. This characterization ought to have garnished close attention by the American people, for the viability of the Union itself may have been at stake. I submit that such a condition, moreover, warrants a constitutional moment—that is, a time when the citizenry focus on solving a basic governmental problem. In other words, the matter of the publicly-held U.S. Government debt may have justified popular sovereignty stepping in. Of course, how this would have been done is itself a problem, particularly because government officials had no interest at the time in relinquishing their power as our agents. This might explain in part why the debt would go on to reach $20 trillion by 2017. 

The full essay is at: A Constitutional Moment.

Nature's Racial Melting-Pot: The American Empire

The 2010 U.S. census reignited the question of racial identity among multi-racial residents.  “I can’t fit in a single box on the census form” was the typical refrain among the fastest growing segment of the US population.  According to The New York Times in February, 2011, "when it comes to keeping racial statistics, the nation is in transition, moving, often without uniformity, from the old “mark one box” limit to allowing citizens to check as many boxes as their backgrounds demand." The number of mixed-race Americans was at the time rising rapidly, largely on account of increases in immigration and intermarriage. In 2010, for example, one in seven new marriages was interracial. Politically, some racial interest groups believed that the use of a catch-all category marginalized minority races in particular. As a result, the Census Bureau created 63 categories of possible racial combinations (a typical bureaucratic solution to a political problem).

The full essay is at "Nature's Racial Melting-Pot."

Susan Saulny, “Counting by Race Can Throw Off Some Numbers,” The New York Times, February 9, 2011.