Quick Thoughts Following the Shooting of Steve Scalise

Perhaps we need to stop accusing our political opponents of being a threat to our democracy? 

Perhaps we need to stop using the language of war when discussing politics? 

Though a thriving democracy demands a loyal opposition to any governing majority it does not need a resistance - losing an election (whether 1992, 2000, 2008, or 2016) is not the same as living in occupied territory. 

There are too many people out there who will take this heated rhetoric as a call to arms - arms that are plentiful and readily available.

This current era of treating the opposition as the enemy really took hold under Clinton, grew under Bush, exploded under Obama, and has now simply become commonplace.

What can we do? 

We can start by calling out our friends, family members, and elected officials when they choose to go down this path.

We think before we speak or type.

We can realize that those things that unite us as Americans are far stronger than those that divide us.

We can refuse to give in when others seek to divide us for political gain.

We can agree that this must to stop. We are not at war.

The Left's Anti-Intellectualism Problem

Much is made of the anti-intellectualism on the Right. But I think there's a deeper story there and the recent campus "incidents" brings that deeper story to light. Conservatives aren't anti-intellectualism, they're anti-intellectual. And who can blame them? Those who proudly wear the banner of intellectual are often the same self-righteous and self-appointed guardians of of what can and cannot be said and who cheer when anyone who challenges liberal orthodoxy is chased off of a college campus. The real problem I see is that the Left, for all it's "I believe in Science" bumper sticker chanting, is pro-intellectual but anti-intellectualism. Intellectualism means that one is dedicated to study, reflection, and speculation - reflection and speculation.

But when it's decided that Charles Murray's words must not be heard or that a progressive professor cannot question the appropriateness of asking an entire class of people to leave a campus or that anyone less than a progressive must not be permitted to speak at a commencement there is no reflection going on. Speculation and reflection encourages free thinking and can result in people questioning established dogma. Too often now this is not tolerated. One must toe the line or be ostracized and declared an enemy.

It's like watching the Mountain Jacobins battle the Girondins - talk of moderation or inclusion are met with the guillotine of exclusion and condemnation. Don't get me wrong, there's plenty of ridiculous stuff going on with the Right. Their complete willingness to become cheerleaders and apologists for a man who has absolutely no commitment to conservative principles is but the tip of the iceberg. But watching the Left react to being powerless (they control no aspect of the federal government and very few state governments) has been illuminating. Those with the loudest voices are using those voices to reinforce the anger of like-minded souls. Efforts to empathize or to reach out and build the coalition are met with angry dismissals - "why should we talk to those people? why should we care what they think?" So instead, the energy is dedicated to actions that only reinforce the worst aspects of what "those people" think about the Left.

If their goal is to attract new adherents and win back power then the tactics are all wrong. If their goal is to commiserate with an insular group of dedicated followers... then job well done.

I encourage all of the true believers to read this excellent essay by Freddie DeBoer.

Don Rickles' Final Message to Chuck Schumer and Mitch McConnell

On a related note, here's a quick test to determine whether or not you are a part of the problem.

Read the following statements:

The filibuster was justified, but the nuclear option was unacceptable!

The nuclear option was justified, but the filibuster was unacceptable!

If you agreed with either one of those statements, then yes, you are a part of the problem - and you need to go away.

Trump's Unnecessary Travel Ban Simply Repeats Our Past Mistakes

I've noticed a lot of folks on social media have taken to posting images and memes of 9/11 as "justification" for Trump's travel ban. So I think it's important to point out that the countries that the 9/11 hijackers came from are not included in the ban and no one from the country's covered by the ban have ever attacked anyone in the United States.
I am reminded of a quote offered by General John L. DeWitt, head of the U.S. Army’s Western Defense Command during WWII, in which he defended the forced internment of Japanese Americans. It was a policy driven by racial prejudice and ignorance masquerading as national security. It is also considered to be among the greatest injustices ever perpetrated by the U.S. government.

DeWitt said, "The Japanese race is an enemy race and while many second and third generation Japanese born on American soil, possessed of American citizenship, have be come ‘Americanized,’ the racial strains are undiluted.
…It, therefore, follows that along the vital Pacific Coast over 112,000 potential enemies, of Japanese extraction, are at large today.
The very fact that no sabotage has taken place to date is a disturbing and confirming indication that such action will be taken."
Pay especially close attention to that last sentence - the lack of any hostile actions was portrayed as "proof" that such hostile acts will happen. Today, we're banning refugees from Syria and travelers from several majority Muslim countries and the justifications is very much that the lack of any hostile acts committed by folks from those countries is simply proof that such hostile acts will happen.

We can choose to learn from our past mistakes or we can ignore those lessons and repeat our past mistakes. Trump appears to be committed to repeating past mistakes. History will likely be very unforgiving in its assessment of the choice he made.

Democrats Cannot Win By Employing Republican Tactics

I understand the urge among Senate Democrats to oppose all things Trump and make most of his nominees party line votes. They are replicating the GOP strategy under Obama. But Democrats need to be cautious when using Republican tactics. Republicans made major legislation under Obama appear to be very partisan by turning most votes into strict party line votes. Republicans filibustered Obama's lower court nominees to the point that Democrats decided to eliminate the filibuster.
But Republicans had a clear strategy - undermine confidence in government. Make people question the legitimacy of Obama policies. As the party of small government, the anti-statists, Republicans improve their electoral chances when confidence in government is low. Voters doubt government so they look to candidates that share their doubts and advocate limited government.
But Democrats are the pro-statist party. They believe in the positive power of government. As such, they suffer when confidence in government is low. Democrats need for people to have confidence in government. It was an upsurge in confidence following the 2008 financial collapse that delivered unified control of Congress and the presidency in 2008. Republican obstruction of the stimulus bill, the Affordable Care Act, and Cap and Trade very effectively undermined confidence in government - leading to their victories in 2010 and again in 2014 and 2016.
So when Democrats employ Republican tactics they actually imperil the electoral strength. People will not vote for a pro-statist if intense partisanship, party line votes, and attacks on the legitimacy of Trump actions convince voters that government is still ineffective and broken. As contradictory as it may sound, Democrats would actually improve their electoral chances by finding areas of common ground where they can vote to support some policies and nominees. Unfortunately, that's not what the party's activist base wants them to do.So in the Senate, Chuck Schumer is in a real bind - does he look to bolster Democratic prospects in 2018 or does he give in to the demands of "the resistance?"

Will the Women's March Become a Sustained Movement?

I'm seeing a lot of folks asking "will the Women's March" be more like the Tea Party and have a sustained impact or be like Occupy Wall Street and quickly fade. There is of course no way to tell. Certainly Trump will exist as a catalyst for a sustained movement, but Trump being Trump wasn't enough to keep the Obama coalition together for Clinton. The numbers yesterday, in DC and in other cities around the world, were incredibly impressive. Amazing. To dispute that would be folly. But one of my first thoughts was not of Tea Party v Occupy Wall Street. It was of the February 2003 anti-war protests that took place in over 600 cities and involved roughly 30 million participants. The invasion of Iraq came 5 weeks later and President Bush was re-elected in 2004 and Tony Blair in 2005. The protest never became an influential political movement. When I looked at the posters at the protest I certainly saw indications of the challenges it may well face when trying to influence politics. Much like the Democratic party, the protest was clearly an alliance of different groups with different agendas - unified by opposition to Trump. Yes there were folks there for equal pay and for reproductive rights. But there were also folks there for Black Lives Matter, immigration reform, refugee relief, and in support of Muslims. Can such a coalition remain unified? Trump won because many of the white working class voters who had been part of the Democratic coalition decided that they no longer fit in. The challenge for Democrats has always been the agenda diversity of their coalition. It's true that opposition to Obama helped to unify factions within the GOP, but the GOP has a much less diverse coalition. And the political geography of 2018 suggests that even a sustained movement may not be enough to change the balance of power. So would the movement survive an electoral defeat? So much remains to be seen.

As Women March on Washington, It's Also a Great Time for them to Run for Office

Of the many explanations offered to explain Hillary Clinton's loss to Donald Trump, few are as ubiquitous as the belief that she lost due to the electorate's unwillingness to elect women. Yesterday, millions of people participated in the Women's March so I think today is good day to explore the question of gender's impact on electoral success in American Politics. The answer to the question is likely to surprise a lot of people, but it should inspire them as well.  A landmark study by the National Women's Political Caucus issued in 1994 determined, based decades of evidence from state assembly races and a decade of Congressional races, that gender had no impact on electoral success in US elections.

In state Assembly races, incumbent women won 95% of the time, while incumbent men won 94% of the races. Women challengers won 10% of the time and men challengers won 9% of the time. Women and men running for open seats each won little more than half the time.

In state Senate races, incumbent women won 91% and incumbent men 92% of the time. Women running for open seats won 58% of the races; men won 55%. Female challengers won 16% of the time; men 11%.

The findings were essentially the same for U.S. House races as well as U.S. Senate and gubernatorial races. A 2003 study by Fox and Oxley, published in the prestigious Journal of Politics, confirmed that women likelihood of victory does not vary based on the office sought.

Trump and Clinton Risk a Crisis of Legitimacy

There is great cause for concern regarding electoral legitimacy in the US moving forward - and once again Clinton and Trump are revealing themselves to be the awful candidates that they truly were. The Clinton camp has signed onto the ridiculous recount efforts in WI, MI and PA. By doing so, Clinton has set a precedent for any losing candidate to challenge results that are overwhelming - and yes a 10,000 vote margin is overwhelming. And because this recount effort was inspired by a shoddy analysis done by a computer security expert with no political science or elections training, the recount efforts has established that recounts can be demanded based on the most ridiculous evidence.
Then, Trump decides to claim that he actually won the popular vote because millions of people voted illegally - but since he called the recounts a scam I guess none of those illegal votes were cast in WI, MI, or PA. Just as there is no evidence of fraud or hacking in PA, MI, or WI there is no evidence of millions of illegal votes. Trump has once again misquoted a PEW study and a debunked story on illegal voters. But when the winner of an election decides to declare that the vote was illegitimate then the message for future losers is clear - there is no need to ever accept the outcome as legitimate.
From this point forward, whether by Clinton's embrace of bogus recounts or Trump's ludicrous claims of fraud the precedent has been set for future election results to be simply dismissed. If you thought it was bad when folks dismissed Obama or Bush as "not my president" then just consider a future where the losing side simply refuses to accept the legitimacy of the winner. There is a very thin line between that and the arrival of non stop protest and politically motivated violence after an election.
American is not an authoritarian state. Our system of government is not propped up and maintained by the threat of force from the government. America exists solely based on the combined faith of the people in a simple piece of parchment. If that faith is lost there is little holding us together. I am truly worried about that faith and whether it will survive Trump and Clinton and 2016.

Trump Won, but Nothing Re-aligned

Donald Trump shocked the political world by winning the 2016 presidential election. There has been much talk of his victories in several Blue states as well as his improved margins among white working class voters. But did Trump really "change the map?" Has he found a new coalition? There is a straightforward way to test this.

Gerald Pomper (1967) first examined continuity and change in presidential elections via linear correlation of state-by-state election results in paired presidential elections.  Pomper was interested in identifying realignments. According to Pomper, realignment would be evident via a “change in the parties’ bases of support… the geographic distribution of each party’s vote would be different from the past: traditional strongholds would fall, while new areas of strength would become evident” (1967, p. 539). Such changes or shifts in support would be evident in statistical analyses of the correlation between sequential elections. In short, a break in continuity, as demonstrated by a low level of correlation with preceding elections, suggests realignment.  Pomper (1967, p. 540) compared the Democratic party’s share of the total vote by state from 1824 to 1964  and identified five “electoral cleavages” in American history, cleavages that correspond to prevailing scholarship on American party systems.  

Like Pomper, I paired successive elections by comparing the Democratic share of the total vote by state to generate correlation coefficients. The state-by-state comparison generates a Pearson correlation coefficient with a low or negative value indicating a disruption or cleavage point and a higher positive value indicating continuity or electoral stability.  Figure 1 presents the results. The changes taking place in the parties' coalitions in the late 1970s and early 1980s are evident as is the rather stable electoral period that emerged in 1996 - a period marked more narrow election victories and the emergence of the familiar Red and Blue states.

Donald Trump pieced together an impressive electoral coalition in the 2016 election, a coalition that included traditionally Democratic states like PA, MI, and WI - yet Figure 1 shows the 2016 election demonstrated a high degree of correlation with the election of 2012 – no fundamental changes took place in 2016. Rather Trump was able to achieve narrow victories in otherwise Democratic states. The results suggest that the present path to 270 electoral votes remains both stable and competitive.

Pomper. 1967. Classification of Presidential Elections. The Journal of Politics.

I Was Far too Dismissive of the Those Telling Me Trump Could Win

"Having eaten a batch of crow, sufficiently humbled, and strongly sorry, I will learn valuable lessons from my errors." Matthew Dowd

A lot of folks are eating crow after the election of Donald Trump. Nearly all of the "experts" got the election so wrong.

I'll offer my own mea culpa, I underestimated Trump and I often dismissed those who believed he would win. I was way too certain of my knowledge of American politics. On more than one occasion I prefaced my comments with "I've written two books on American politics, I think I know what's going on." There was a time when I swore I would never use my resume' as a justification for dismissing another's argument. I'm embarrassed to have done so. Perhaps worse, I ignored a central argument in my first book which suggested that a candidate like Trump - an outsider populist - was a perfect fit for a growing number of voters. I was convinced that a candidate like Trump (I never liked him, and still don't) would never be able to outperform Mitt Romney - a candidate that I considered to have been superior in qualifications, temperament, and appeal. So I could never get his Electoral Vote total above 260. Why? Because I couldn't fathom that he'd be able the flip PA, WI, or MI - how could he do what Bush and Romney could not? I believed that Trump had been nominated by folks who hated Hillary Clinton and that his supporters mistakenly assumed that a majority of voters shared their disdain.

I especially owe an apology to my Dad, Larry Eberly . He saw this end coming. He reminded me of my own words from a few years ago - that we need more plumbers, carpenters, and waitresses in government. Trump certainly isn't one of those folks, but as an outsider he connected with them in a way no establishment candidate could. While I couldn't help but focus on the damning things that Trump said, Dad understood that his supporters were looking past that for nothing could be more damning than being part of the establishment. And though I was raised in a working class family I became too comfortable in my secure middle class life and couldn't see the world through the eyes of folks who wondered what kind of future their children or grandchildren would have as they saw factories shut down, jobs leaving, and wages stagnating.

Dad understood that many folks didn't like Trump or Clinton, but that only Trump was speaking to them. As a self employed home builder and a past president of the PA Builders Association Dad knew how truly weak the recovery was. Simply stated, if housing isn't recovering the economy isn't recovering. As a member of the Builders Association he had also worked with the PA legislature and understood the politics of the state - clearly better than I did.

So while I was focused on polls and my dislike of Trump I dismissed a lot of anecdotal evidence that Trump had broader appeal than I realized. And there were larger and more obvious hints. Trump was far ahead in Iowa, but was supposedly far behind in its demographically similar neighbor Wisconsin. He was clearly ahead in Ohio, but supposedly way behind in neighbor PA - even though Ohio and PA are often indistinguishable west of Philadelphia.

So I apologize to my Dad and to others who tried to tell me that I was wrong. None of this changes my opinion of Trump, only Trump and his future words and actions could do that. But I will change my willingness to listen to folks living in the battleground states. I'll be better about checking my own preferences, ego, and biases regarding a candidate. And, I'll remember that there's a reason why I seek and listen to my Dad's advice on so many other things and expand the list to include politics.

White Working Class Narrative is Wrong

I have been dissecting exit polls all day and can say pretty confidently that the narrative of Trump winning because of white working class voters is simply wrong. Trump really did no better than Mitt Romney among white voters, but Trump did do better among non-white voters and Obama's Coalition simply did not turn out for Clinton. It was the lack of turnout by the Obama coalition that cost Clinton Wisconsin and Michigan.

Democrats have some serious thinking and self studying to do.

If the Electoral College Didn't Exist, the Current Popular Vote Total Likely Would be Different

Anger over Clinton winning the popular vote are misplaced. There is no way to know who would've won the popular vote in the absence of an Electoral College. You cannot assume the popular vote total would be what it is today.

Consider it like this - Right now there is no reason for a Republican presidential candidate to campaign in CA, IL or NY and little reason for a Democrat to campaign in TX or MT or UT. And, there is little reason for a minority party voter to vote in a state that will go to the other party - because the Electoral College is winner take all in most states minority party voters often consider their vote to be wasted. 

In Maryland, the outcome the electoral vote contest would be the same whether every Republican in the state voted or no Republican voted. Democrats outnumber Republicans and will win the state and the state's electoral votes.

Take away the Electoral College and candidates seek votes everywhere - so the campaign and the vote totals would be different. Do you doubt this? Look at turnout in battleground v. non-battleground states. Voter turnout is higher in contested battlegrounds. So without the Electoral College there is a reason to campaign more broadly and for everyone to vote. So Republicans in MD and CA would be more likely to vote. Democrats in TX and MT would be more likely to vote. In the end, the popular vote would likely look very different.

So why have an Electoral College? Simple - America is a nation of people and a nation of semi-sovereign states. Just as the House of Representatives exists to represent the people and the Senate exists to Represent the states the Electoral College was created based on the same representative compromise - the people and the states have a say.

And, with the Electoral College a candidate has to appeal to a broad geographic coalition of states with different policy interests. Which is better for electing someone with a more diverse perspective and coalition - does that always work? No, but nothing is perfect.

Perhaps more importantly that anything else, however,  a split between the popular vote and the electoral vote serves as an important reminder that Presidents are elected to be chief executives and not representatives of the people. Though a president may be Head of State and Head of Government, he/she is not the peoples representative. He's not a representative at all. This is a reminder that we all need from time to time.

Trump's Victory was Decades in the Making and the Signs Were There for Years

A few years ago I published my first book - American Government and Popular Discontent with Steven Schier. In it, we attempted to explain what factors led to a collapse in confidence in government and recurrent populist uprisings in America. Though neither Steve nor I predicted that Donald Trump would win the presidential election neither of us were surprised by his victory or by the populist uprisings that took place in both party primaries. Trump's victory was decades in the making and the sign's of a victory like his were there for years. We write in the book that whenever national difficulties mount, popular anger focuses on professional governing elites. Contrary to accepted opinion with regard to the current era, these populist uprisings are in fact an established aspect of the current American political system. A system not marked by unpredictability, but rather by an era of stability in which the elections of 1974, 1980, 1994, 2006 and 2010 – in which popular discontent led to major electoral shifts -- are recurrent features of a larger electoral pattern. Popular resentments seem to have burgeoned in recent years. After six years of Republican rule in Washington, the voters swept the GOP from congressional control in 2006. The 2008 election produced a change in party control in the White House. The Tea Party movement of 2009, begun in response to the expansive spending and regulatory policies of the Obama administration, brought the GOP back into control of the House of Representatives. The Occupy Wall Street movement emerged in late 2011 and quickly spread to major cities throughout the United States. Declining voter turnout accompanied President Obama’s narrow 2012 election victory. High unemployment and low economic growth contributed to low public esteem of government in recent years. Popular distrust and discontent had risen to new and possibly dangerous highs. The size and scope of what happened yesterday points to a systemic reaction by the electorate. It was the manifestation of years, in fact decades, of rising levels of discontent by a growing number of disaffected voters.

So why did Trump win? Just look to the exit polls. Fully 69% of voters were either dissatisfied with or angry at government - Trump won 58% of them. A plurality, 48%, wanted the next president to be more conservative, Trump won 83% of them. A clear plurality, 39% said the quality that mattered most in a president that he/she can bring change. Trump won 83% of them. And 50% said government already does too much. Trump won 73% of them.

Preferring "conservative" government or believing that "government does too much" are clear signs of a collapse in trust in government.

Clinton essentially ran as the third term of Obama. She was the establishment. She surrounded herself with the establishment - in a year when most voter did not want the establishment.

Right down the line on questions of honesty and likability it is clear that neither candidate was liked and neither and most people were not happy with the choice. And 60% of voters said Trump was not qualified to be president. He still managed to win 20% of those folks. This was an election based on discontent and frustration - little else mattered.
It is our guess that the present system will persist and will have to be the source of solutions for America’s fiscal and economic problems. The solutions will either come from endogenous leadership “from within” or will be imposed by exogenous crises “from without.” Internal leadership occurs only with a new president and a supportive Congress – think Reagan in 1981 or Obama in 2009 – but those circumstances are fleeting. If the crisis comes from without, we can only guess at its timing and scale. Will Americans ever come to trust this thick national political system dominated by professionals? Ultimately, it depends on the system’s results. If the nation’s fiscal and economic problems produce broad rethinking and the use of experimental evidence as the basis for policy, better results are likely to ensue. Better policy results may boost popular trust. And, if trust re-surges, a new American political system will again be born. That's a pretty big "if."

The Myth of the Presidential Mandate

As another Presidential election comes to a close it is worth offering a pre-emptive rebuttal to any attempts to claim that the results convey some type of mandate on the victor. Below, drawn heavily from Prof. Robert Dahl's "Myth of the Presidential Mandate," I'll explain why.

Dahl writes, “As a means of popular control over government, elections are a blunt instrument: powerful but not very articulate. The ballot gives voters the chance to select candidates, but not explain why they made those choices. The weakness of election results is that they are specific on one point only: who won and who lost. On other points, especially why one candidate won and the other lost, the message is vague and open to interpretation.”

Why did Barack Obama beat John McCain or Mitt Romney?

Why did George Bush beat John Kerrey?

Why did Bill Clinton beat Bob Dole?

In 2004 70% indicated that their vote was in support of their candidate, 25% said it was in opposition to the other candidate.

In 2016, roughly half of all voters indicate that they are voting against a candidate.

In 1832, Andrew Jackson killed the national bank of the United States by claiming to be acting on the authority of the American people who elected him. 
"...the president is the direct representative of the American People" he said, having received 55% of the popular vote.

In 1848 James Polk declared that “the people command the President to execute their will – The President represents the whole people of the United States – the president is responsible to the whole nation, members of congress to states and districts." Polk had received 49.6% of the popular vote.

In 1932 FDR declared "the American people have registered a mandate for vigorous action.. the have made me the instrument of their wishes." He won 58% to 40%.

In 1980 VP George Bush declared that the election result represented “a mandate for change, a mandate for opportunity, a mandate for leadership.” Ronald Reagan had won 51% to 42%.

In 2004 Bush declared "I've earned capital in this election -- and I'm going to spend it for what I told the people I'd spend it on." He won by 51% to 48%.

The Framers intended that Congress be the representative of the People. The change over to popular election of Electors in the 19th Century challenged this design. Suddenly a President was the only person elected by the whole of the Nation. Jackson first established the concept of Elections endorsing a President’s policies and Polk firmly established the concept of a mandate and a President as equal to Congress in representativeness.

Woodrow Wilson cemented the modern concept of the mandate – holding that only the president was selected by the nation as a whole and therefore represented the nation as a whole. Wilson argues that no one else represents the nation as a whole and the President in this regard is superior to Congress. As such, a Presidential election represents unified national will. 

But the notion of a Presidential mandate can be found nowhere in the framers' intent and is in fact counter to their design.

But do election results translate into mandates? Are all results a mandate? What constitutes a Mandate?

Is it based on margin of victory? Must a candidate exceed 50% or 55%. What if a candidate wins big, but loses seats in the House and Senate? What if a popular vote victory is narrow, but the Electoral margin is significant?

Dahl tells us that none of that really maters. For a mandate to exist we must accept the following four interpretations of any election:

1. The results confer constitutional and legal authority upon the winner
2. It reveals the first choice for president of a plurality of voters
3. A clear majority of voters preferred the winner because they preferred  his/her policies and wish that they be pursued
4. Since the policies reflected the wishes of the majority, his/her policies should prevail in any conflict with congress.

The first two seem clear and non-controversial, the third seems suspect and if false, so is the fourth and the whole concept of a mandate. 

Does an election show that a plurality or majority of voters prefer the policies of the winner?Survey’s consistently show that people vote for candidates even if they cannot detail their proposals. People frequently vote for candidates when they disagree with their proposals.

Elections are blunt and uninformative in many ways - elections tell us who won and who lost, but not why. And if we can't truly answer the "why" then any claim to a mandate is hollow. The pluralistic concept of a diverse populace represented by a body elected from that diversity (Congress) is also supplanted by the notion that a single representative (the President) of a majority or plurality speaks for the interests and beliefs of the populace. 

And by portraying the President as the only true voice and the Congress as the segmented voice of narrow and regional interests the President is elevated to an exalted position not intended by the Constitution and at the expense not only of Congress, but of the judiciary, the states and the people themselves. Claims of a mandate confer advantages on those whose interests are broader or more national than those who interests are more reflected in Congressional or regional majorities - and this is not necessarily in the best interests of a diverse nation. 

So if an election does not confer a Mandate then what does it do? It's simple really, an election victory confers the legitimate authority, right, and opportunity on a President to try and gain adoption of the policies that he/she supports. Just as any member of Congress is conferred with the right and opportunity to try and gain adoption of the policies that he/she supports by nature of his or her victory. Being President doesn't mean getting an extra or primary right to pursue your agenda. You have no more claim to the right to pursue your agenda than does any other elected official. 

Whatever policy or agenda is ultimately adopted may not represent the desires or interest of any majority – but perhaps no elected representative is qualified to say just what the desire of the public truly is.

So we may hear the claim of a "mandate" come Tuesday night. But, whether it's uttered by Donald Trump or Hillary Clinton, it will be an empty claim.

Trump Still Facing a Tough Road to 270

So let me revisit how tough the road is for Trump - let's say the Hispanic vote materializes for Clinton and throws NV and FL her way. But a decline in Black turnout coupled with White working class voters deliver MI, PA, OH, NH, and NC to Trump - that only get's him 271 electoral votes. And MI and PA haven't gone Republican in years...

Voters Aren't Changing Their Minds, Only Their Enthusiasm

If you've been curious as to why some polls, like ABC news, have shown significant swings while others, like IBD/TIPP, have been steady it's not because "polls suck" or because of voters changing their minds in the final days. Most of the variation comes down to how pollsters determine the universe of likely voters.

Whereas support for one candidate over the other hasn't been shifting, the intensity of support has been changing. As intensity falls for a candidate some voters fall out of the likely voter model. ABC News has a model that is far more sensitive to those changes than is the IBD (and some other) models. After the FBI news, ABC noted a drop in Clinton enthusiasm and a rise in Trump enthusiasm- so their poll closed. Enthusiasm for Clinton is now recovering, so she has regained the lead. IBD has been less sensitive to changes in likely voters so their poll has shown a more steady race.

Now ABC News has Clinton up 5 and IBD has Trump up 1 point. These polls don't disagree. Because polls are just samples they have error margins - usually in the neighborhood of 3.5-5 points. So +5 and -1 are not incompatible. The closer a poll result is to 50/50 the harder it is to determine who is actually ahead. As you move away from 50/50 the probability that the person on the lead is actually in the lead grows. So in a poll where a candidate is ahead by 3 there is a greater probability that the person is actually ahead than with a poll showing a 1 point lead.

So RealClearPolitics shows Clinton with an average lead of 2 points - but Trump is up in only 1 poll and tied in another. And there are polls with Clinton up 3, 4, or 5 points. This means there is a greater probability that Clinton is ahead.

In the final 3 days of the election I'll be looking for any trend shifts. We should see some new polls today and tomorrow. In 2012 the final few polls showed a clear movement toward Obama and he wound up winning by a margin that doubled his poll average - and it pulled the close states like Florida along with him. If this race stays flat at its current level then Clinton wins with a narrow Electoral College victory. If things shift toward her then she likely claims close states like FL, NC and maybe OH and wins with well over 300 electoral votes. If things *shift* to Trump - then it's anyone's guess.

*with apologies to my Mom for missing the "f" in shift in my initial post... 

Dear St. Mary's Voters: Please Vote "YES" on Code Home Rule ballot question!

To all folks in St. Mary's county - I urge you to please vote YES on the ballot question regarding the adoption of Code Home Rule as the governing structure for the county. In Maryland, there are three options for counties - Commissioner, Charter, or Code Home Rule. We are currently Commissioner style.

Under this approach, Commissioner authority is limited. The General Assembly has full power to legislate for the County. Commissioners may enact ordinances where authorized by Express Powers enabling legislation, or specific public local laws. So instead of having a local government that can respond to voter concerns or the needs of the county we have a style of government in which our Commissioner are treated like children who must go to their parents to get permission. It's an inefficient form of government and it is outdated. St. Mary's population has been growing at a pace that places it among the fastest growing counties in the state - and yet we still have a system of government that was put in place when the county was a small farming rural county.

Under Code Home Rule, Commissioners can enact, amend, or repeal local laws on a wide array of matters. Most powers granted to Charter counties are also granted to Code counties (they have  broad legislative power). The General Assembly may still enact public local laws covering an entire class of Code counties, but not for one single Code county.

St. Mary's is one of only six counties which still have this very limited form of government. Another six counties have adopted Code Home Rule. The remaining 11 counties and Baltimore City have Charter government. So please, help bring St. Mary's into the 21st Century and vote YES on Code Home Rule!

With History as a Guide, Clinton is the Clear Favorite in November

If you're interested in any historical comparisons: As of today, Clinton's average lead over Trump is 47.4 to 44.4. On this day in 2012, Obama's lead over Romney was 48.7 to 44.6. On this day in 2004, Bush led Kerry 48.6 to 43.4. In the end, Obama won by 3.9% and Bush by 2.5%. On this day in 2008, Obama led McCain 49.9 to 43.9.

Thus far, this race most closely resembles 2012 and 2004 - with Clinton in the Obama position in 2012 and the Bush position in 2004. The question for Trump is, does he under perform like Romney (Obama got a huge hurricane Sandy bump) or close strong like Kerry (Bush took a hit as faith in the Iraq War faltered). But in 1984, 1988, 1992, 1996, 2004, 2008, and 2012 the candidate in the lead (regardless of the margin) at this point ultimately won the election.

Using history as a guide - and barring some "October Surprise" - Clinton continues to be the clear favorite going into November. That being said, I'm just offering an historical comparison. I am not making a prediction. There is a very angry electorate out there. Trust in government is the lowest ever recorded, and no small number of people are openly angry at government. Trump is the perfect vessel for their anger and frustration. And, given that Clinton is doing better than usual in some red states it is very possible that she could win the popular vote but lose the Electoral College.

Unprepared Trump gave little to move undecided his way

The most watched debate in 2008 wasn’t between John McCain and Barack Obama. It was the vice presidential showdown between Joe Biden and Sarah Palin that attracted all of the attention.

By the time of that debate, Palin’s qualification and preparedness for office had been pilloried by the press and late night comics and people tuned into the debate expecting to see a disaster of epic proportions. Instead, Palin surprised her critics and even her proponents by delivering a competent performance against the more experienced Biden.

How did Palin pull it off? Simple — weeks of intense preparation and mock debates.

The folks who tuned into the debate between Donald Trump and Hillary Clinton finally got to see the Palin v. Biden debate they had been expecting in 2008.

Unprepared

From the very first question, it was clear that Trump had done little to no preparation for this debate. And yet, it was the first 20 minutes or so where Trump did best.

In a clear pitch to working class voters, Trump hammered away at trade agreements and the exodus of American manufacturing to other countries. He hung the North American Free Trade Agreement (NAFTA) and the Trans-Pacific Partnership (TPP) around Clinton’s next.

But even in the midst of his strongest performance he was weak. He couldn’t explain how he would keep jobs from leaving the U.S. He couldn’t explain just how he would punish companies that left. And, he had no answer to Clinton’s correct observation that what Trump was proposing was nothing short of a trade war — which threatens the global economy.

After those initial exchanges, Trump’s lack of preparedness became ever more clear. In response to Clinton’s criticism that Trump’s tax plan would add $5.3 trillion to the debt, Trump’s response was “Your regulations are a disaster, and you’re going to increase regulations all over the place.” Perhaps an example would’ve helped?

Easily goaded by Clinton

On exchange after exchange, Trump could muster little more than broad generalities in response to Clinton. Perhaps worse for Trump is how easily he was goaded by Clinton. Merely a mention of his tax returns and the possibility that he wasn’t as wealthy as he claimed sent Trump on an unnecessary and unhelpful tangent about the combined values of his buildings and total value of his outstanding loans.

Whereas Clinton was able to goad Trump with her responses, Trump was typically unable to muster much more than “it’s a disaster” when he responded to Clinton’s comments.

Perhaps the most damaging segment of the debate was when Clinton made reference to the many small businesses who claim that Trump refused to pay them for services or that Trump used his power to force them to accept greatly reduced payments. The best defense Trump could muster was “Maybe he didn’t do a good job and I was unsatisfied with his work…”

Trump’s biggest supporters are white, working class voters — many of whom live paycheck to paycheck — and I think he needed a better response. It apparently did not occur to say that in his business he has created thousands of jobs. It didn’t occur to him, because he never prepared for the debate.

By the final 30 minutes, Trump was clearly tired and frustrated and mostly unfocused. Clinton’s performance was far from perfect, but her mistakes were overshadowed by Trump’s.

Qualifications

Late in the 2008 election cycle, a question was raised regarding Barack Obama’s experience and qualifications to be president. One of Obama’s proponents responded that Obama’s successful campaign for the nomination was evidence of his qualifications.

Monday night, on a debate stage with Hillary Clinton, Donald Trump proved that a successful campaign for a party’s nomination is not sufficient proof of experience or qualifications. Many Republicans office holders have justified their support for Trump by arguing that he would be a better president than Clinton. Last night’s debate revealed that to be a hollow argument.

Impact?

How will the debate impact the race? It’s hard to say. They entered the race in a virtual tie and it will take about a week to truly see any debate impact.

It is unlikely that the debate will have any effect on the folks who already support Trump, but unlike more recent elections there are many more undecided voters this year. By the time the debates came around in 2012, only 5-7% of the electorate were still up for grabs. Today, roughly 15% of voters are undecided. Trump gave them little reason to choose him.

In Response to Hogan, Senator Ferguson Gets it Right

In response to Governor Hogan's executive order mandating a post Labor Day start for the school year, state Senator Bill Ferguson penned a must read response for MarylandReporter. 

Ferguson writes "if we are to have a conversation about adjusting our calendar, let it not be about starting the school year later, let it be about making the year longer, richer, and more purposeful... In an era of global competitiveness we need to be talking about a longer school year, not a shorter one." 

He is absolutely correct. In fact, the legislative task force that in 2014 endorsed a post Labor Day start noted that many of those who attended the various task force meetings expressed support for year round schooling - and for good reason. But unlike other calls for a year round school year that simply takes the same 180 day count and just spreads it more evenly across 365 days, Ferguson calls for more days of schooling. And for good reason. Research has shown that a simple year-round approach, that relies on the same number of days, doesn't improve the education outcomes for anyone. What's need are more days of instruction. At present, the American education calendar imposes a tremendous burden on low income and working class families and especially on minority communities. Imagine the benefits of a 240 day school year - children with access to nutritious meals, no retention gap from the long summer, more time for personalized instruction, less stress on families as parents commit less of their limited disposable income on childcare. These are but a few of the benefits of a longer school year. 

I've longed believed that such a policy would go nowhere in Maryland - perhaps I was wrong (perhaps not). It would be wonderful if Governor Hogan's executive order spurs a real conversation about meaningful education reform, instead of just hand wringing and attempts at recrimination.