Tag: Democracy and Rule of Law
Group rights encourage tyranny
My inbox floweth over. I’ve received two long letters arguing that the European Court of Human Rights should affirm its recent Kovačević v. Bosnia and Herzegovina decision. One comes mainly from the Bosnian diaspora in the US and Europe:
The other comes from the Democratization Policy Council:
The authors argue their cases well. Those concerned with the fate of Bosnia and Herzegovina should give them close attention.
What’s it all about?
I’ll take a less legalistic perspective and try to avoid reference to the details. The basic issue is the one Timothy Snyder refers to as “who belongs to the state”? But in the 21st century I think it better to ask “to whom does the state belong?”
The US constitution is clear on this question: it belongs to “we, the people.” This simple formula has many ramifications. American history has seen the individual rights originally reserved to rich, white men inexorably extended to all American citizens. The US Constitution recognizes groups rights only for American Indians. Sadly, the US government has honored those more in the breach than in the observance.
In the Balkans, most of the constitutions can be summarized in an equally simple formula: “we the peoples.” The Bosnian constitution specifically names Bosniaks, Croats, and Serbs. It provides those groups with rights and powers in addition to those assigned to individuals and other groups. To gain power under this constitution you need to identify with one of the “constituent peoples.”
This all but guarantees the permanence in power of political parties that associate themselves with ethnic groups. Non-ethnic parties are disadvantaged. In its not-yet-final decision the ECHR has decided that this ethnonationalist constitution discriminates against people who do not identify with one of the ethnic groups. That makes it impermissible in a member state of the Council of Europe. The European Convention on Human Rights applies directly in Bosnia and Herzegovina.
What difference does it make?
It makes a big difference. Without the empowerment of ethnic groups, the citizens of Bosnia and Herzegovina would have many more ways in which to organize themselves and their politics. Ethnonationalist leaders would no longer have a monopoly on power. More conventional left and right parties could gain greater weight.
That is why the ethnonationalists, their co-nationals in Zagreb and Belgrade, and their apologists worldwide oppose the proposed ECHR decision. If implemented, it would disempower all of them. So they resist. The ethnonationalists have still not implemented a 2009 ECHR decision to allow citizens who don’t identify with the three main ethnic groups to serve in the presidency.
The Kovačević decision is more sweeping. It essentially requires a complete rewrite of the Dayton constitution that ended Bosnia’s 1992/5 war. Instead of group rights, individual rights would predominate. The geographical structure of the country, based on the warring parties, would have to be changed. The Croat/Bosniak Federation and Republika Srpska could dissolve in favor of strengthened municipal governance.
That would eliminate much unnecessary expenditure on intermediate levels of governance. In many municipalities, one ethnic group or another would dominate. But all municipalities would be required to respect the rights of the minority. At the “state” level, politicians would have the option of organizing across ethnic lines. Appealing to your own ethnic group would of course still be permitted. But access to power would no longer depend on ethnic identity.
Bosnians need to decide
How to rewrite their constitution is up to the citizens of Bosnia. But I don’t wish for them any less than I wish for myself. I would not trade my individual rights in the US for any form of group rights. That is because the courts can be relied on to enforce my individual rights. I wish nothing less for Bosnians: rule of law that guarantees implementation of individual rights. Power should flow from the choices of individuals, organized how they prefer. Forcing people into an ethnic mold is not freedom. Group rights encourage tyranny.
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Trump’s cabinet of horrors
What wasn’t clear yesterday is today. Donald Trump’s national security and foreign policy appointments will be more like his extremist immigration nominees than like yesterday’s headliners. Marco Rubio at State and Michael Waltz as National Security Advisor are the only arguably sane appointments. They are the adults in the room, which means they won’t last. The others are right-wing crackpots. They’ll be around for four years.
The intel community
Intelligence gets the worst of it. The highly partisan John Ratcliffe as CIA director was a preview, not an anomaly. Tulsi Gabbard will become Director of National Intelligence, overseeing the (is it still 17?) intelligence agencies. Once a Democratic member of Congress, she is now a born again Trump Republican and Putin apologist. She is flaky and capricious.
It is difficult to picture either of these people telling Trump something he doesn’t want to hear. Which is what intel chiefs often need to do.
Diplomacy
In addition to Rubio, diplomacy gets Elise Stefanik as UN ambassador. A member of Congress from New York State, she is an avowed opponent of the UN. She will strongly oppose continued assistance to Palestinians.
Evangelical pro-Israel enthusiast Mike Huckabee will serve as ambassador in Jerusalem. A former Governor of Arkansas, he will provide strong support to Israeli Prime Minister Netanyahu. He will also encourage those in Netanyahu’s coalition who want to annex the West Bank and Gaza.
Homeland Security
Kristi Noem, Governor of North Dakota who proudly shot a dog and a goat she “hated,” will run this mega-department. You can read about some of her other “batshit” moments here. She is a Trump enthusiast of course.
Defense
Pete Hegseth, a National Guard major, gets the Defense Department. The blatantly unqualified Fox News talking head opposes women and LGBTQ people in the military. He sports Christian tattoos, including “Deus vult” (God wills it). That is pretty much the equivalent of “insha’allah,” an expression Arabs use many times per day. But unlike the Arabic phrase, which everyone uses, the Latin one is used mainly by right-wing extremists, including neo-Nazis. Trump has charged Hegseth with getting rid of any generals who have promoted diversity, equity and inclusion.
SAIS colleague Charlie Stevenson says Trump has declared war on the Pentagon.
Attorney General
Republican Congress Member Matt Gaetz will head the Department of Justice. The list of ethics charges against him is long. He will not just kill any cases the Justice Department is pursuing against Trump. He will also protect other Trumpkins while pursuing charges against Democrats.
What is this?
This is a cabinet of horrors. Its distinguishing characteristics are unquestioning loyalty to Donald Trump, right-wing devotion, and profound lack of experience and competence. What could go wrong?
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Americans, welcome to the 4th Reich!
J. F. Carter, US Army (ret LTC) 1968-1992, United Nations (ret D-1) 1992-2009, and European Union (ret D-1) 2009-2011, writes:
I hope I am wrong. But if Trump and his acolytes implement even 1/3 of the promises and projects he has set forth in Project 2025 and otherwise supported, the USA, as we knew it, will become a dying ember. He will sacrifice our honor, pride and principles on his transactional altar.
His isolationist foreign policy will relegate the US to a bit player to be ignored or pushed around.
Ukraine and Taiwan abandoned
Ukraine and Taiwan will be the first victims of his failure to stay resolute.
Imagine The Greatest Generation refusing to come to protect the sovereignty of European and Asian nations during World War II. Our nation would not have risen to the pinnacle of its success and power had our forefathers not accepted their responsibilities. They would have been guilty of sacrificing the lives of tens of millions of people due to sheer cowardice.
The ripple effect
Failure to back Ukraine and Taiwan will lead to further Russian encroachments. These will include Moldova, Georgia, and the Baltics. They will also affect Central Europe as well as Chinese control over Taiwan and the South China Sea.
Our EU and Asian allies will lose all confidence in our nation. He will unchain Israel. The reaction by the surrounding countries will fan the flames of a regional conflict. Trump’s transactional approach will bring about another Balkan conflict leading to a Greater Serbia aligned with Russia.
Russia rescued
Putin and gang are breathing a huge sigh of relief. They are congratulating themselves for their flood of misinformation and disinformation pushing voters toward Trump. What a reversal of fortunes, just as Putin and Russia were facing economic and political disaster.
Some might welcome an end to the fighting between Russia and Ukraine. But remember, that the Russia violated the terms of the Minsk Agreements of 2014-2015. Putin used that agreement as a temporary pause to relaunch his second invasion of Ukraine in 2021. Any future agreement would allow Russia to rebuild to attack not only Ukraine but also Moldova and Georgia.
The domestic agenda: (in)justice
For those more interested in Trump’s domestic agenda, read the provisions of Project 2025, which outlines his plans. They essentially would undermine the foundations of our democracy and economy.
– Perhaps the most venal proposal is to replace professional civil servants in the government with party hacks. This is the case in Russia, China, Hungary, and other authoritarian regimes. Trump will use executive authority to impose personnel in the Departments of Justice, State, and Defense as well as the FBI and National Security Agency. There will no longer be any professional objectivity. He will sacrifice to party loyalty, reminiscent of German Nazis and Russian/Chinese Communist Party control.
– Trump will use such control to persecute anyone who opposes him. These are the people he calls the “enemy within,” an oft used Nazi tactic in the 1930s and 1940s. He would go after Liz Cheney, Adam Kinzinger, General Milley, and others. His likely pick for US Attorney General has already suggested that New York State Attorney General Trish James be sent to prison.
Trump is likely to replace Supreme Court Justice Thomas with Eileen Cannon, a judge for the District Court of Florida. She slow walked and created obstacles to Trump’s prosecution for illegal possession of classified documents. Trump may be able to walk away from his 34 cases of felony fraud as we as the charges of sexual assault. Equal justice before the law does not seem to apply to Trump.
Trump has said he will pardon those found guilty of federal crimes associated with the January 6 riot, which he fomented.
The domestic agenda: the economy
– The economy was one of the major reasons for Harris’ defeat, though the US economy out-performed all other major industrialized nations after the epidemic. The public focused however on short term inflation issues rather than the longer term picture.
The Trump economic policy will bring pain to all Americans. His tariffs will make you pay $2600 more per year for consumer goods. Not to mention the impact on our national debt.
The domestic agenda: immigration
If that doesn’t kill our economy, then his plan for mass deportations will. The immediate cost is some $80-250 billion a year, not to mention destroying labor required for agricultural fields, hospital care, and other lower level jobs. These folks also contribute to your Social Security. These costs, plus Trump tax cuts, will add trillions to the national budget and debt. How will he pay for it? Watch health, social security and education come under the hatchet! If you thought Covid was bad, wait until RFK Jr becomes Secretary of Health.
– Beware the presence of the “eminence grise” Elon Musk, whom Trump is expected to make his efficiency czar. Of course, efficiencies can and should be sought. However, with the fox in charge of the chicken coop, expect the Department of Education to be a victim, as well as Health and Welfare and Social Social Security.
– Directly related is my concern about the rise of plutocracy and the new oligarchs. Usually, we think of Russian oligarchs and their outsize influence on national politics. The Supreme Court ruling, Citizens United, empowered the ultra wealthy by allowing unlimited money to go into Political Action Committees. This directly undermines the principle of one person, one vote. With few exceptions, the oligarchs drive economic decisions without due concern to the average citizen. Musk now censors opinions on X that don’t match his views. With the high tariffs on China, his Tesla stocks will sky rocket.
The domestic agenda: society and environment
– Women, minorities and youth will be relegated to second class citizens. Women have fought back and won some abortion case issues in some states. Yet the misogyny and racism of MAGA will grow and The Handmaiden’s Tale might not be just an apocalyptic story.
– Let us not forget the environment. Trump will reverse whatever progress we have made. Air, land and water pollution will get worse, affecting our health and that of the rest of the world.
Angrier and more aggressive
Of course, I could be wrong. Trump might listen to his better angels. He might negotiate peace agreements in the Middle East and Balkans. He might actually compromise on some domestic issues and be inclusive of others.
But forgive me, if I doubt it. The doubts are based on his previous performance, which relied on divide and rule, attacking “others,” and undermining the rule of law and foundations of our government. He has gotten angrier, more aggressive, and more racist.
I, therefore conclude with a line from the Monk TV series. I may be wrong, but I don’t think so.
There will be buyer’s remorse. Americans, welcome to the Fourth Reich!
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Wrong and wrong, maybe wrong again?
I could of course be wrong again. But that’s the gloomy picture I am seeing on the day after an election gone wrong.
I was 100% wrong about the outcome of this election. I expected Harris to win the battleground states. She lost them. I expected her to win the popular vote by a wide margin. It’s not yet clear, but it appears she lost it.
I should have known better
I spent the last week in deep red Hall County, Georgia, doing “voter protection” for the Georgia Democratic Party. That entails monitoring paper ballot processing as well as helping adjudicate ambiguously marked ballots. I also duplicated a few dozen so that the scanner can read them. This is done in cooperation with Republicans and County election officials. Yesterday I was a poll watcher in a precinct whose voters include both a retirement community and mostly Mexican immigrants. The electoral mechanism both in the county government center and at the polling place was professional, efficient, and thus boring.
The demographics were more interesting. Hall is a county of more than 42,000 people that depends heavily on two industries. Chickens are first. Medicine is second. Both industries use large numbers of Mexican immigrants. There are not many native-born Americans feeding and slaughtering the chickens or tending the bed pans. Nor I imagine would you get on well doing construction, another thriving sector, if you didn’t speak Spanish.
By the time I got to the polling center yesterday about 11 am the early rush was over. Mid-day belonged mainly to the retirees, many of whom looked like they were patrons of the medical center. The late afternoon saw a rush of mostly younger Mexican Americans. A young US-born Mexican American poll worker provided translation whenever needed. I observed no tension of any sort between the two demographics. The mostly retired poll workers were impeccably correct and helpful to the immigrants, all of whom were US citizens. I hope they all recognized the symbiosis between the two communities.
My precinct voted more than 60% for Trump. Symbiosis doesn’t extend to the ballot box. I have no doubt about where most of the Trump and Harris votes came from.
It’s identity politics
Trump has found a way to make voting for him a question of identity. His racist dog whistles were vital to his first election. His macho man displays are vital to this second, as they shifted male votes in his direction. I find both difficult to understand, as I don’t regard white, male identity as anything more than an arbitrary classification. You could just as well call me short and old, with much more physical evidence to back the claim. I’m not proud of being white, male, short, or old.
I am proud of being an American. To me, that means having lots of individual rights and collective responsibilities. During my lifetime, I have seen the rights expanded. Younger people, Blacks, Latinos, women, and LGBTQ Americans now enjoy far more freedom than they did in my 1950s childhood. It seems to me the responsibility of white males to adjust to those changes. “All men are created equal” is not ambiguous (even if it should now read “all people”). “Make America Great Again” is a slogan that appeals to those who want to return to segregated, male-dominated, heterosexual America. I don’t share that aspiration.
I expect Trump to try to fulfill many of his promises. He made them to cater to interest groups that own him. He will try to deport large numbers of undocumented immigrants and end asylum. As President, Trump will impose more tariffs, raising the cost of living and inducing retaliation by other countries. He will fire large numbers of civil servants. His allies in Congress will try to end abortion country-wide and repeal Obamacare. They will give more tax relief to the rich and burden the middle class. Trump will welcome cryptocurrencies and try to manipulate the Federal Reserve, undermining monetary stability. His Supreme Court nominees will be people prepared to adjust their jurisprudence to his policy preferences.
I could be wrong again
As bad as I think the re-election of Trump is for America, I fear it is worse for the world. Trump will do at least some of what he has promised. We will see an end to American support for Ukraine and surrender of part of it to Putin. That will encourage Russia to try again in Moldova or the Baltics. He will withdraw American troops from South Korea and Japan, encouraging them to get their own nuclear weapons.
The Balkans, which concern many of my readers, will not be top priority. But Trump’s re-election will encourage ethnonationalists throughout the region. If Ukraine is partitioned, why shouldn’t Serbia to try to capture northern Kosovo and Republika Srpska? Why shouldn’t Kosovo join Albania? Washington might even help. War will be a real possibility. Ethnic cleansing and state collapse will follow. All the while, the Trump family will be benefiting financially from Jared Kushner’s Saudi-financed investments in Serbia and Albania.
In the Middle East, Israeli Prime Minister Netanyahu will get Trump’s full support. The new Trump Administration will not restrain Israel in Gaza, the West Bank, or Lebanon. Trump will likely encourage military confrontation with Iran. That is the only option left to deter Iran from getting nuclear weapons. Trump will try to get the Saudis to recognize Israel. They will string him along. It remains to be seen whether they will accept Netanyahu’s “less than a state” for Palestine. That proposition is essentially the continuation of the status quo: one state with unequal rights. It is what many call “apartheid.”
I could of course be wrong again. But this is the gloomy picture I am seeing on the day after an election gone wrong.
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The horse race Harris will win
Yesterday’s final Atlanta rally for Kamala Harris was as expected: enthusiastic, loud, and crowded. We couldn’t get to the section designated for voter protection workers. But we had a decent spot that we lost when Ms S fainted. If you are out in the sun for a couple of hours, drink water!
The impression she makes
I don’t know who the celebrities were who preceded the Vice President. Not my world. But Senators Ossoff and Warnock both spoke well. They know how to slice and dice thoughts into little bits that allow time for absorption and applause. And they both have good reason to hope that Georgia will go blue, as it did for them.
Harris is different. She adopts a more conversational tone. No shouting long vowels into the microphone. Her sentence structure is more elaborate. She leaves less time for the crowd to react. Harris is amiable and approachable more than authoritative. She wants your vote and lets you know it.
The horse race is still close
The press is emphasizing the closeness of the race. “Battle to the Wire in Swing States” headlines the New York Times. The Economist polling averages show a narrowing race.
But Harris has clearly improved on Biden’s odds. The Economist still shows her in the lead in the popular vote, though not in the Electoral College. Late deciders are mostly going to Harris. Women, who favor Harris by double digits, are voting early in higher numbers than men. The Democrats have a much more extensive get out the vote campaign than the Republicans. A reputed Iowa pollster shows Harris in the lead there. No one had thought it would go blue.
That’s encouraging, but I am appalled that it is still this close. Trump, as the New York Times made clear in 110 words today, is unqualified. He will be a disaster in a second term. Harris will certainly not be a disaster. She is steady, sensible, and serious. I like that.
Out on a limb
I am going to out on a limb here. Harris will certainly win the popular vote. California and New York, where Trump is anathema with many voters, guarantee that. In the Electoral College, I think Harris has a chance to win most of the known “swing” or “battleground” states. In the Times/Siena polling, she is already leading (within the margin of error) in Nevada, North Carolina, Wisconsin, and Georgia. Pennsylvania and Michigan are tied while in Arizona Trump leads.
But all the polling depends on estimate of who will actually vote. That doesn’t take into account the enthusiasm factor that gets people to the polls. Will more Americans in the swing states bother voting for a candidate who behaves like Trump? Will religious people who say they share Trump’s values vote for rapist Jeffrey Epstein’s BFF?
It’s all about turnout now
The problem is that Trump voters won’t hear any bad news about him. That includes the tapes describing their hero’s sexual exploits, which include underage girls and his best friends’ wives. Fox News isn’t going to cover that. The New York Times hasn’t yet either. The video above isn’t running on network TV. I’m not even sure it would be permitted.
Trump will of course contest any election he doesn’t win. That is a story for another day. But the best antidote to his “rigged” election claims is a landslide victory in the Electoral College. That would make the post-election quarreling easier for Harris.
Now it’s all about turnout. Persuading time is over. The campaign that gets its voters to the poll wins. I think Harris has the edge there. But we’ll have to wait and see.
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Georgia in contrast: red and blue
I spent yesterday afternoon monitoring opening and scanning of paper absentee, overseas, and military ballots in Hall County, Georgia. Hall is just north of Fulton (Atlanta), where I spent the last two weeks as a roving (outside) poll watcher. Hall is a deep red county, whereas Fulton is deep blue.
The process is good
I did not get to talk with many voters in Hall. The process I observed there started with slitting open the envelopes containing paper ballots, their removal from the “secrecy” sleeves, tearing off of the tabs that contain inventory numbers connected to particular voters, shuffling so that ballots cannot be traced to individuals, and scanning into the election system computer. Some ballots can’t be scanned and are separated out for later human scrutiny. Friday I’ll be on a panel adjudicating what to do those. Some ballots are not clearly marked, contain write-ins, or are printed on plain paper. Military units can send in the those on plain paper. The last are received from military units.
Throughout, the election workers keep careful track of the number of ballots and envelopes. Discrepancies happen. Sometimes two ballots arrive in the same envelope, or none. They don’t open the envelopes until the day they process them. Three workers oversee the scanning. They process all the ballots from opened envelopes the same day.
It would be hard to find fault with the process. Or with the attitude of the election workers. They seek to make cheating impossible.
So why is Hall County red?
Of course I don’t really know why Hall County is red. My few interactions with people there were entirely friendly. The folks at the Waffle House made me a fine steak and bacon sandwich. There were a few very large Trump signs and American flags. Some signs promised a Trump victory would lower taxes. I doubt anyone in Hall County is rich enough to gain from the tax cuts Trump will try to make. The main industry in Hall is chickens. Many of the workers are immigrants.
I asked one Harris-supporting resident about why people in Hall County support Trump. She thought it was crime. A few spectacular murders, especially the first at the University of Georgia since 1983, have generated fear. An undocumented immigrant is on trial for that one.
There is little a President can do about crime. Local authorities run most police forces, courts, and prisons. But Trump’s conflation of crime with immigration has gained traction. Never mind that immigrants don’t commit more crimes than native born Americans. Or that Hall County was red well before the February University of Georgia murder.
It’s about identity
My own conclusion is that people vote Trump more because of identity than policy. Hall County will gain little if Trump wins and deports immigrants. To the contrary, it will wreck the county’s chicken industry. The fear of immigrant crime is not based in the facts. It is based in the feeling that immigrants are not like us. They speak a different language, have different customs, and likely vote for Harris. That’s enough to make white men like a four-flushing liar. Go figure.
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