Electoral College Electors Do Not Have Discretion To Vote Contrary to Their State’s Voters 

On July 6, the U.S. Supreme Court decided two cases about so-called “faithless” electors who in the 2016 Electoral College voted contrary to the majority of their state’s voters in the popular presidential election of that year.[1]

The headnotes in the Chiafalo case that the Court held that a “State may enforce an elector’s pledge to support his party’s nominee—and the state voters’ choice for President.”

The Opinion of the Court in Chiafalo was written by Justice Elena Kagan and joined by all the other justices except Justice Thomas, who filed a separate concurring opinion.

The Court’s Opinion first set forth an extensive review of the history of Article II of the Constitution that established the Electoral College,[2] the Twelfth Amendment of 1804 that required separate votes for President and Vice President in the Electoral College[3] and other relevant history. The Opinion then concluded as follows:

  • “Article and the Twelfth Amendment give States broad power over electors, and give electors themselves no rights. Early in our history, States decided to tie electors to the presidential choices of others, whether legislatures or citizens. Except that legislatures no longer play a role, that practice has continued for more than 200 years. Among the devices States have long used to achieve their object are pledge laws, designed to impress on electors their role as agents of others. A State follows in the same tradition if, like Washington, it chooses to sanction an elector for breaching his promise. [The State of Washington imposed a civil fine of up to $1,000 for breach of such a pledge.] Then too, the State instructs its electors that they have no ground for reversing the vote of millions of its citizens. That direction accords with the Constitution—as well as with the trust of a Nation that here, We the People rule.”

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[1] Chiafalo v. Washington, No. 19-465 (U.S. Sup Ct. July 6, 2020); Colorado Dept of State v. Baca, No. 19-518 ((per curiam) U.S. Sup. Ct. July 6, 2020)(“The judgement of the United States Court of Appeals for the Tenth circuit is reversed for the reasons stated in Chiafalo v. Washington.” ) See also Liptak, States May curb ‘Faithless Electors,’ Supreme Court Rules, N.Y. times (July 6, 2020); Barnes, Supreme Court says states may require presidential electors to support popular winner, Wash. Post (July 6, 2020).

[2] Article II, sec. 1, cl. 2 states: “Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector.”

[3] The Twelfth Amendment states: “The Electors shall meet in their respective states and vote by ballot for President and Vice-President . . .; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice-President, and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice-President, and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to [Congress, where] the votes shall then be counted.” The Twelfth Amendment goes on to say, “ The person having the greatest number of votes for President, shall be the President, if such number be a majority of the whole number of Electors appointed . . . .The person having the greatest number of votes as Vice President shall be the Vice President, if such number be a majority of the whole number of Electors appointed . . . “ [This Amendment also established procedures if there is no one with a majority of the votes for either or both offices.]

 

Pandemic Journal (# 24): What We Are Learning in the Pandemic

Peggy Noonan, a Wall Street Journal columnist, offers her thoughts on what we are learning in the coronavirus pandemic. Here are her main points along with reactions thereto.

Noonan’s Observations[1]

She says we have learned a lot. “How intertwined and interconnected our economy is, how provisional, how this thing depended on that. And how whisperingly thin were everybody’s profit margins. The well-being of the West Side block depends on human traffic, which depends on restaurants and bars, which depend on the theater being open. It was a George Bailey economy: every man on that transport died. Harry wasn’t there to save them, because you weren’t there to save Harry.” [2] “Every economy is, in the end, and if you’re interested in economics you knew this, but not the way you know it after the business catastrophe of 2020.”

“But the biggest things I suspect we learned were internal. No matter what you do for a living, when you weren’t busy introspection knocked on the door and settled in. Two different men, professionals, both blinked with surprise as they reported, unasked, that they can’t believe they have their college-age kids home again and they’re all together and they have dinner every night and play board games. They were so grateful. They had no idea this was possible, that it would make them so happy. That it had been missing.”

“People have suffered. They’ve been afraid. The ground on which they stand has shifted. Many have been reviewing their lives, thinking not only of ‘what’s important’ or ‘what makes me happy’ but ‘what was I designed to do?’ They’ve been conducting a kind of internal life review, reflecting on the decision that seemed small and turned out to be crucial, wondering about paths not taken, recognizing strokes of luck. They’ve been thinking about their religious faith or lack of it, about their relationships. Phone calls have been longer, love more easily expressed, its lack more admitted.”

“It has been a dramatic time. We have stopped and thought about our lives, and our society’s arrangements. We have applauded together, for the first time, those whose jobs kept our towns up and operating, from nurses to truckers. We’ve rethought not only what is ‘essential’ but who is important. All this will change you as a nation.”

“Here is what I am certain of. We will emerge a plainer people in a plainer country, and maybe a deeper one. Something big inside us shifted.”

“[Y]ou can almost hear people thinking eh, our time is finite, our money limited—maybe that’s not gray[hair]. it’s silver. . . . I like the simplicity of this.”

“The world has admired and imitated America’s crisp chic, but I see an altering of the national style. For reasons economic and existential a new simplicity is coming, glitz leaving.”

“We’re getting pared down. We’re paring ourselves down.”

‘The pioneer genes shall prevail, and women will focus on the essentials: nurturing their children in the arc of safety (homes and schools) providing food (driving to breadlines and food banks) and making do with what is already in the closet. Everything old will be suddenly new again.”

“America is about to become a plainer place. Maybe a deeper one, too. Maybe that’s good.”

Reflections

Do you agree with any of these observations?

Some of her reflections concern individuals and every-day life. I certainly hope that “America is about to become a ‘plainer place’ and ‘a deeper one.’”

Economically we certainly should have learned “how intertwined and interconnected our economy is, how provisional, how this thing depended on that. And how whisperingly thin were everybody’s profit margins.”

Noonan, however, fails to mention the big economic lessons of the pandemic for me and many others: the immense economic inequality in the U.S.; the many ways of racial injustice in the U.S.; and our horrendous health-care system. All of these problems require government action.

That, in turn, raises my concern over the future impact of the many, young, conservative federal judges who recently have been confirmed by the U.S. Senate, some in the midst of the pandemic, pursuant to Majority Leader Mitch McConnell’s agenda.[3]

More generally, the need for government action emphasizes my belief that many aspects of the U.S. system of government are obsolete: the Electoral College; every state having two senators with equal voting rights regardless of the state’s population; the U.S. Senate’s filibuster rule; the horribly complicated system of voting and its manipulation to suppress voting, including President Trump’s recent rantings against voting by mail.[4]

The Trump Administration’s inconsistent and wavering foreign  policies before and during the pandemic raise the question of what will become of the international system of institutions, treaties and laws that the U.S. helped to create after World War II to foster and preserve peace and human rights. In my opinion, we should be leading the world in reforming and modernizing this system, not tearing at its roots.[5]

All of these larger issues raise the issue of what can one individual do about them.

My answer. Carefully review candidates for office and vote for those who promise to work on these problems. Provide financial support to political parties and candidates as well as organizations that are supporting these reform measures. Advocate for individuals, organizations and policies involved in this effort.  (I choose to do my advocacy with this blog.)

Noonan appropriately mentions many people expressing gratitude for simple things in the midst of the pandemic. I  have gratitude for my wife, sons, their families and I being in good health and for my wife and I are not living in a senior-citizen retirement home. I am grateful for being retired with good savings and thus not worrying about keeping my job or finding a new one or about how I will be able to pay for food or the mortgage.[6]

I also am grateful for friends and family and have made efforts to reconnect with them.[7]

Like Noonan, I hope that people are “reviewing their lives, thinking not only of ‘what’s important’ or ‘what makes me happy’ but ‘what was I designed to do?’ They’ve been conducting a kind of internal life review, reflecting on the decision that seemed small and turned out to be crucial, wondering about paths not taken, recognizing strokes of luck.”

For a Christian, this means discerning your calling for a particular time and place and recognizing that your calling may change over time. This includes forgiving others for their wrongs as well as praying for forgiveness for your own misdeeds.[8]

I trust that I will continue learning about the world during this pandemic. Another of the many subjects I have learned something about are prior pandemics, especially the Flu Pandemic of 1918. [9]

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[1] Noonan, A Plainer People in a Plainer Time, W.S.J. (May 22, 2020).

[2] Noonan apparently refers to brothers George and Harry Bailey, characters in the movie “It’s a Wonderful Life.” George was a wealthy banker who suffers various difficulties, including not being present to save his brother from drowning. As  a result, George contemplates suicide before being rescued by his guardian angel and friends. (It’s a Wonderful Life, Wikipedia.)

[3] E.g., Hulse, McConnell Has a Request for Veteran Federal Judges: Pleases Quit, N.Y. Times (Mar. 16, 2020; Hulse, Trump Picks McConnell Protégé for Influential Appeals Court Seat, N.Y. Times (April 3, 2020).

[4] See, e.g., these entries in dwkcommentareis.com: Search: filibusterU.S. Needs More Democratization (Feb. 14, 2020); Responses to Ezra Klein’s Democratization Thesis (Feb. 15, 2020); Open Letter to U.S. Senate from 70 former Senators (Feb. 29, 2020); Pandemic Journal (# 10): Wisconsin’s  Primary Election (April 10, 2020) (and comments thereto).

[5] E.g., Douthat, The End of the New World Order, N.Y. Times (May 23, 2020).

[6] See, e.g., these posts to dwkcommentaries.com: Gratitude I (Mar. 15, 2012);  Gratitude II (April 11, 2012); Gratitude III (April 12, 2014); Another Perspective on Gratitude; (Nov. 23, 2015); Other Thoughts About Gratitude. (Nov. 26, 2015).

[7] Pandemic Journal (# 8): Reconnecting with Family and Friends (April 8, 2020).

[8] See, e.g., these posts to dwkcommentaries.com: The Roads Not Taken (April 27, 2011); My General Thoughts on Vocation (Feb. 6, 2014); Other Scriptural Passages About Vocation (Feb. 17, 2014); My Vocations (Feb. 23, 2014); Why I do Not Want to Die at 75 (Sept. 25, 2014); What Is Your Call Story? (Feb. 28, 2019); My Call Stories (Mar. 4, 2019). See also List of Posts to dwkcommentaries—Topical: RELIGION; A Christian-Muslim Conversation About Forgiveness (May 15, 2017).

[9] See, e.g., the following posts to dwkcommentaries.com: Pandemic Journal (# 3): 1918 Flu (Mar. 27, 2020); Pandemic Journal (# 22): Other Reflections on the Flu Pandemic of 1918-1920 (May 17, 2020).

 

 

 

U.S. Needs More Democratization

A New York Times article by Ezra Klein makes a strong argument for the United States needing more democratization in order to depolarize American politics.[1]

He starts this analysis with the assertion that the current polarization of U.S. politics is due to ideological changes: “the Democratic Party has moved left, and the Republican Party has moved right. But more fundamentally, those changes are compositional: Democrats have become more diverse, urban, young and secular, and the Republican Party has turned itself into a vehicle for whiter, older, more Christian and more rural voters.”

As a result, “Democrats can’t win running the kinds of campaigns and deploying the kinds of tactics that succeed for Republicans. . . . [Democrats] can move to the left — and they are — but they can’t abandon the center or, given the geography of American politics, the center-right, and still hold power. Democrats are modestly, but importantly, restrained by diversity and democracy. Republicans are not.”

In addition, the two parties’ voters differ in what sources of information they respect and listen to. Democrats trusted “22 of the 30 sources, including center-right outlets like The Wall Street Journal. Republicans trusted only seven of the 30 sources, with PBS, the BBC and The Wall Street Journal the only mainstream outlets with significant trust.” (The other trusted sources, for Republicans were, big surprise, Fox News, Sean Hannity, Rush Limbaugh and Breitbart.)

Even though Democrats have won the recent total popular vote in elections for the U.S. presidency, the U.S. Senate and the U.S.House of Representatives, the Republicans currently control the presidency, the Senate and a majority of governorships. This is due to the structure of the U.S. government which “counts states and districts rather than people, and the G.O.P.’s more rural coalition has a geographic advantage that offsets its popular disadvantage.”

This Republican advantage, however, may be temporary.  Republicans “represent a shrinking constituency that holds vast political power. That has injected an almost manic urgency into their strategy. Behind the party’s tactical extremism lurks an apocalyptic sense of political stakes.”

Klein, therefore, concludes that “one of the few real hopes for depolarizing American politics is democratization,” including “proportional representation and campaign finance reform; . . .[making] voter registration automatic and. . . [giving] Washington, D.C., and Puerto Rico the political representation they deserve.” This would compel the Republican Party to become a “more moderate and diverse party.” However, “precisely because the Republican Party sees deepening democracy as a threat to its future, it will use the power it holds to block any moves in that direction.”

Without such changes, Klein argues, the U.S. will face “ a legitimacy crisis that could threaten the very foundation of our political system. By 2040, 70 percent of Americans will live in the 15 largest states. That means 70 percent of America will be represented by only 30 senators, while the other 30 percent of America will be represented by 70 senators.”

Conclusion

Klein is right to call for the need for more democratization of the U.S. electoral system.

But while mentioning the U.S. system’s favoring land and districts over people, he does not attack directly those features that do just that: the Electoral College for electing the U.S. president, the allocation of two U.S. senators to each state regardless of population and state legislatures creating the boundaries for seats in the U.S. House of Representatives. Yes, this would require amendments to the U.S. Constitution, which may be next to impossible, but they should be mentioned.

Alex Wegman, a member of the New York Times editorial board, however, points out one facet of the  Electoral College: whether the individuals selected by the political parties are legally obligated to vote for that party’s successful candidate in the popular election when the 536 electors meet about six weeks after the popular election. Indeed, that very issue is now under consideration by the U.S. Supreme Court in two related cases from the federal appellate court in Colorado and a state court in Washington State. In the federal case, the court held that the founders clearly intended for electors to act independently and vote according to their consciences, not to the dictates of any political party. Once a state appoints an elector, the lower court said, its power over that elector ends. They cannot punish someone, or replace him or her, for voting a certain way. This issue, says Wegman, raises the more important question, why do we have to have the Electoral College?[2]

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[1] Klein, Why Democrats Still Have to Appeal to the Center, N. Y. Times (Jan. 26, 2020). Klein is an American journalist, blogger, and political commentator who co-founded Vox, where he is currently editor-at-large. He was previously a blogger and columnist for The Washington Post and an associate editor of The American Prospect. He has served as a contributor to Bloomberg News and MSNBC. (Ezra Klein, Wikipedia.)

[2] Wegman, Why Do We Have an Electoral College, Again?, N.Y. Times (Jan. 26, 2020).

 

 

Senator Leahy’s Senate Floor Speech To End Embargo of Cuba

As mentioned in a prior post, on February 7, Senator Amy Klobuchar (Dem., MN) introduced the Freedom To Export to Cuba Act (S.428) with cosponsors Patrick Leahy (Dem., VT) and Michael Enzi (Rep., WY)./

On February 15, Senator Leahy delivered a lengthy and persuasive speech on the Senate floor supporting this bill and ending the embargo. Here is the text of that speech.

After commending Senator Amy Klobuchar (Dem., MN) for introducing this bill and urging other Senators to support the bill,, Senator Leahy said, “This bill is about ending the anachronistic prohibitions in U.S. law that for decades have limited U.S. engagement with Cuba, including preventing American companies from exporting their products to Cuba.  The fact that legislation to do so is even necessary is illustrative of the absurdity of the situation in which we find ourselves.  Companies from Europe, Russia, China, Mexico, and every other country can sell their products to Cuba, which is just 90 miles from our coast, but American manufacturers and retailers are largely shut out of the Cuban market. . . . This bill would enable American companies to compete, which every believer in a free market should support.”

“It is also important for Senators to know that punitive actions by the Trump Administration last year to further restrict the right of Americans to travel to Cuba have had devastating consequences for Cuba’s fledgling private sector – the very people the White House and supporters of the restrictions profess to want to help.  The fact that they have said nothing about the harm they are causing Cuba’s struggling entrepreneurs demonstrates that they care more about continuing their failed policy of sanctions, regardless of who they hurt, than about helping the Cuban people or about protecting the right of Americans to travel freely.” 

“The latest ill-conceived attempt by the White House to punish Cuba would permit Title III of the Helms-Burton Act to go into effect.  This would allow, among others, individuals who were Cuban citizens when their property in Cuba was expropriated half a century ago to sue in U.S. courts any Cuban, foreign, and even American company whose business in Cuba today uses that property.  That could be an airport, port, warehouse, hotel, restaurant, you name it.  Virtually every American and foreign company investing in Cuba would suddenly be liable for treble damages.”

“The purpose, as the law’s authors made clear when it was enacted 23 years ago, is to harm Cuba’s economy by making it completely inhospitable for foreign investment.”

“As my friend in the House, Representative Jim McGovern (Dem., MA), has pointed out –

  • ‘It’s no mystery why Presidents Clinton, Bush, Obama, and Trump blocked Title III from going into effect every six months for the past 23 years.’
  • ‘It is hypocritical – it penalizes companies for doing what American companies do all over the world.’
  • It is contrary to international law, which recognizes the right of expropriation and requires compensation.’
  • ‘It is an extraterritorial sanction that guarantees a response from our trading partners, like Canada, Spain and the EU, including complaints at the World Trade Organization.’
  • ‘And if you care about agriculture, be warned: It will open a new front in the trade war, with all the repercussions that can bring.’
  • ‘It will allow Cuba to claim victim status and rally international support.’
  • ‘It will clog our courts with lawsuits.’
  • ‘It will make it impossible to negotiate compensation for U.S. claims in Cuba, and, in the end, hurt the very Americans who seek compensation for the property they lost.’
  • ‘It will divide us from friends and allies who are now working for a peaceful solution in Venezuela.’
  • ‘And it will guarantee that new investment in Cuba will come from the Russians, Chinese and others who are hostile to the United States, and whose state-owned companies can’t be sued in U.S. courts.’

“I agree with my friend in the other body [Rep. McGovern].  What the White House is considering would trigger an avalanche of unintended consequences that would bring U.S. commerce with Cuba to a halt, harm relations with our allies in this hemisphere and beyond, and make resolving property claims more difficult.  I ask unanimous consent that a piece by William LeoGrande on Title III of the Helms-Burton Act published in the February 13, 2019 issue of OnCubaNews be printed in the Record following my remarks.” [This article will be published in a separate post to this blog.]

Like “many issues, Members of Congress have strong feelings pro and con about U.S. relations with Cuba.  It is no secret that, after more than half a century of a policy of isolation that has achieved none of its objectives and primarily hurt the Cuban people, I, like Senators Klobuchar and Enzi and many others in this body, favor closer relations.”

“Conversely, there are those in Congress and the Trump Administration who believe strongly that we should ratchet up the pressure on the Cuban government in an attempt to achieve those elusive goals.”

“I have often spoken publicly about the lack of political freedom and civil liberties in Cuba.  But I also think it is important to try to be objective:  to criticize when called for and to acknowledge positive changes when they occur.”

“I recognize that those who favor maintaining the failed economic embargo have a longstanding, visceral antagonism and resentment toward the Cuban government.  While they rarely, if ever, mention the corrupt and brutal Batista regime that enjoyed unqualified U.S. support until it was overthrown in 1959, they have legitimate reasons to criticize the mistreatment of the Cuban people by the current government and its support for the corrupt and repressive Maduro regime in Venezuela.”

“But they too should acknowledge that threatening and bullying Cuba has not worked.  In fact it has made the situation worse, and provided an excuse for the Cuban government to blame its own failures on us.  They should also acknowledge positive changes in Cuba, but they never do.  Not ever.  It is almost as if they are psychologically, ideologically, or emotionally incapable of saying one positive thing about the Cuban government, no matter what positive things it does.”   

“Perhaps they are afraid that if they did, they would alienate their donors in the Cuban-American community.  Of course, we know that Cuban-Americans are divided about the U.S. embargo.  Some are hardcore believers in the embargo, and they always will be.  But at least as many – and increasing numbers – oppose the embargo, especially those who were born after the Cuban revolution.” 

“I wonder what the pro-embargo isolationists would say if the Cuban government were to stop harassing and abusing dissidents who favor a more democratic system.  Would those who oppose the embargo say anything positive?” 

“What if the Cuban government decided to embrace a free market economy and let private businesses flourish?  Would those who oppose the embargo say anything positive?”

“I doubt it.  I doubt it because no matter what positive reforms occur in Cuba, they will continue to defend the embargo until Cuba is a full-fledged democracy and those who currently hold power either die or are voted out of office.” 

“We all want Cuba to become a democracy, where civil and political rights are respected, and the sooner the better.  But those same defenders of the embargo support billions of dollars in U.S. aid – and weapons sales – to countries that are led by authoritarian, brutal, and corrupt dictatorships and monarchies, some of which have held power for decades or generations.”    

“How do the pro-embargo diehards reconcile that?  They don’t and they can’t.”

“The fact is, Cuba is changing.  Not nearly as fast as we and the Cuban people would like, but it is changing in ways that few would have predicted not very long ago.”

“Last year, Raul Castro’s hand-picked successor, Miguel Diaz-Canel, became President and he promised a government more accessible and responsive to the people’s needs.  How he delivers on that promise remains to be seen.”   

“Since 2010, after the Cuban government recognized that the Internet is essential if Cuba wants to be part of the modern world, Internet access has exploded.  The government has opened hundreds of public Wi-Fi hot spots and cyber cafes in the past five years, and home Internet access became legal and available in 2017.  Today, almost half of the Cuban people have personal cell phones that were illegal just a decade ago.”

“As others have pointed out, these changes have encouraged new forms of communication, networking and organizing via social media.”

“But change does not come easily in Cuba, as it does not in many countries.  Last July, the government announced onerous new regulations on the private sector, covering a wide range of issues:  food safety, labor contracts, procurement, taxation, limits on the size of private businesses.  The new rules were an attempt by hardliners to crack down on the private sector, which was criticized for black marketeering.”

“But private entrepreneurs resisted, and they challenged the regulations as contradictory to the government’s own plans that recognizes the private sector as important to economic growth and employment. They appealed to government officials and spoke publicly about the harm the new rules would have on their businesses.”

“When the final regulations were issued, several that had caused the most resentment were dropped.  According to the Minister of Labor and Social Security, the decision to revise the rules was due to ‘the opinion and experiences of those directly involved.’”

“The government also retreated on a new law – Decree 349 – requiring artists, musicians and performers to register with the state and pay a large commission on their earnings from private engagements, and it banned work with objectionable content and empowered inspectors to shut down any offensive exhibition or performance.  Clearly, an attempt to further limit free expression.”

“Since the 1980s, Cuban artists have had more freedom to be critical of the government than other social sectors, and so it was not surprising that Decree 349 ignited widespread protests.  After social media was used to mobilize opposition within the Cuban arts community and among artists abroad, the government agreed not to enforce the law until implementing regulations are drafted in consultation with the arts community.”

“According to one observer, ‘during [the latter half of last year], nearly 8.9 million Cubans debated the draft of a new constitution in their workplaces, neighborhoods and schools.  Communist Party members were told not to argue with even the most radical proposals for amendments, and the ensuing debates were freewheeling, often lasting past their scheduled time.  Among the main topics: whether the president and state governors should be directly elected by voters; whether the concentration of wealth and property should be allowed; whether term limits and age limits for leaders were a good idea; and whether the Communist Party should be subordinated to the constitution and hence the law.”  Not long ago it would have been unthinkable to openly debate these issues, especially as part of a constitutional reform process.”

“One article that attracted intense debate recognized same-sex marriage, and was promoted by Raul Castro’s daughter, a long-time activist for LGBTQ rights. The proposal sparked strong opposition from evangelical churches supported by the Catholic Church.  Gay rights advocates countered with campaigns of their own.  The chance of a significant ‘no’ vote on the entire constitutional reform led the government to drop the provision from the final draft of the constitution with a pledge to consider it later.”

“This surge in mobilization by well-organized constituencies utilizing social media to resist government policy, from burdensome private sector regulations to gay marriage, is unprecedented in Cuba.  The government’s willingness to not only tolerate these organized challenges but to change policies in response to them, is significant. “   

“As has been noted, none of these issues dealt with the rigid structure of the Cuban system.  Cuba remains a one party state, in which those who challenge the system are treated as criminals.  But the precedent of organized interest groups mounting successful campaigns to challenge and change government policy is now established, which is positive.” 

“None of the longstanding critics of the Cuban government in the U.S. Congress or the Cuban-American community [has] acknowledged any of this, nor are they likely too.  For them, anything less than a wholesale change of government in Cuba is unworthy of mention, even though they apply a very different standard – a double standard – to other authoritarian governments.  In fact, they would ridicule anyone who regards such changes as positive or worthy of recognition.”

“As we know from our own experience, political reform is difficult.  Our own Electoral College, an anachronism designed to protect a slave-holding minority, remains in effect more than two centuries later.  Five times, in the world’s oldest democracy, it has prevented the winner of the most popular votes from being elected president.”  

“The Cuban people want to live better and they want a lot less government control over their lives.  Armed with cell phones and the Internet they are going to make increasing demands of their government.  This is happening at a time when Venezuela’s economy is collapsing and the survival of the Maduro regime, Cuba’s closest ally in the hemisphere, is in question.  Not surprisingly, the Cuban government is trying to limit the pace of change and to secure other benefactors.  It is turning increasingly to Russia, Algeria, Iran and other countries that welcome the chance to challenge U.S. influence in this hemisphere.” 

“This is a time for the United States to be actively and visibly engaged in Cuba, for Americans to be traveling to Cuba, for expanding educational, cultural, and professional exchanges between the U.S. and Cuba, and for American companies to be competing in Cuba.  It is not a time to return to a failed policy of threats and ultimatums, driven by domestic politics rather than by what is in our national interests.”

“That is why I am cosponsoring the Freedom to Export to Cuba Act.  And it is why I intend to support other bipartisan legislation to replace our failed Cuba policy with one that serves America’s interests, not the interests of a shrinking minority, and not the interests of Russia and other countries that are reaping the economic benefits of our self-defeating policy of isolation.”

Reaction

I concur in the rationale and conclusion of this speech: end the U.S. embargo of Cuba.

While I believe there is valid documentation of the Senator’s assertion that Cuba has limits on free speech and assembly, he views this in isolation from Cuba’s situation. Cuba is a small country facing the vastly larger and more powerful  U.S., which for many years has had various hostile policies and actions against Cuba, including secret and undercover so-called “democracy promotion” programs on the island. In that context, it should be easy to understand why Cuba is concerned about dissidents and free speech and assembly.  Accordingly reliable U.S. assertions about the abolition of so called “democracy promotion” programs on the island should be a precondition to improving Cuban freedoms of speech and assembly.

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Senator Leahy,  Statement of Senator Leahy On the Freedom To Export to Cuba Act (Feb. 15, 2019). 

U.S. Reactions to the Death of Fidel Castro

The November 25th death of Fidel Castro has prompted comments from President-Elect Donald Trump and his aides, the Obama Administration, U.S. Senators and Representatives, U.S. editorial boards and columnists and U.S. business interests and others. All of this has fueled speculation about the future Trump Administration’s policies regarding Cuba. These topics will be explored in this post along with this blogger’s observations.

President-Elect Trump and His Aides[1]

On Saturday morning after Castro’s death the previous night, Donald Trump tweeted, “Fidel Castro is dead!” Later that same day he issued this statement:”Though the tragedies, deaths and pain caused by Fidel Castro cannot be erased, our administration will do all it can to ensure the Cuban people can finally begin their journey toward prosperity and liberty. While Cuba remains a totalitarian island, it is my hope that today marks a move away from the horrors endured for too long, and toward a future in which the wonderful Cuban people finally live in the freedom they so richly deserve.”

Vice President-Elect Mike Pence on Saturday voiced a similar reaction in a tweet: “The tyrant Castro is dead. New hope dawns. We will stand with the oppressed Cuban people for a free and democratic Cuba. Viva Cuba Libre!”

On November 28, Trump issued another tweet on the subject. He said, “If Cuba is unwilling to make a better deal for the Cuban people, the Cuban/American people and the U.S. as a whole, I will terminate deal.”

These comments were corroborated by Trump’s top aides.

On Sunday, November 27, two of the aides said that Trump would demand the release of political prisoners held in Cuba and push the government to allow more religious and economic freedoms. Reince Priebus, the incoming White House chief of staff, said the president-elect “absolutely” would reverse Mr. Obama’s policies if he didn’t get what he wanted from Cuba. “We’re not going to have a unilateral deal coming from Cuba back to the [U.S.] without some changes in their government. Repression, open markets, freedom of religion, political prisoners—these things need to change in order to have open and free relationships, and that’s what president-elect Trump believes, and that’s where he’s going to head.” Similar comments were made the same day by Trump’s spokeswoman, Kellyanne Conway.

On Monday, November 28, Trump spokesman Jason Miller gave this more nuanced statement to reporters: “Clearly, Cuba is a very complex topic, and the president-elect is aware of the nuances and complexities regarding the challenges that the island and the Cuban people face. This has been an important issue, and it will continue to be one. Our priorities are the release of political prisoners, return of fugitives from American law, and also political and religious freedoms for all Cubans living in oppression.”

The Obama Administration[2]

President Barack Obama’s statement extended the U.S. “hand of friendship to the Cuban people” and stated that “history will record and judge the enormous impact of this singular figure on the people and world around him.” According to the President, Cubans “will recall the past and also look to the future. As they do, the Cuban people must know that they have a friend and partner” in America.

U.S. Secretary of State John Kerry issued a similar positive statement. He extended “our condolences to the Cuban people today as they mourn the passing of Fidel Castro. Over more than half a century, he played an outsized role in their lives, and he influenced the direction of regional, even global affairs. As our two countries continue to move forward on the process of normalization — restoring the economic, diplomatic and cultural ties severed by a troubled past — we do so in a spirit of friendship and with an earnest desire not to ignore history but to write a new and better future for our two peoples.”

On November 28 White House Press Secretary Josh Earnest responded to several questions about Cuba and Castro’s death. Here are a few of those responses:

  • For the U.S., “I wouldn’t expect any impact [of Castro’s death] on the kind of progress that we’re committed to making on our end to begin to normalize relations with Cuba.”
  • “[W]e have seen . . . greater freedom for American citizens to visit Cuba, to send money to family members in Cuba, to engage in business and seek business opportunities in Cuba.  It also enhanced the ability of the [U.S.] government to maintain an embassy in Cuba where U.S. officials can more effectively not just engage with government officials in Cuba but also those activists in civil society that are fighting for greater freedoms. . . . They also facilitate the kind of people-to-people ties that we believe will be more effective in bringing freedom and opportunity to the Cuban people, something that they have long sought and been denied by the Cuban government.  And after five decades of not seeing any results, the President believed it was time to see something different. . . . [We] clearly haven’t seen all the results that we would like to see, but we’re pleased with the progress.”
  • Castro “obviously is a towering figure who had a profound impact on the history of not just his country but the Western Hemisphere.  There certainly is no whitewashing the kinds of activities that he ordered and that his government presided over that go against the very values that . . . our country has long defended.”
  • “[T]here is no doubt that we would like to see the Cuban government do more [on human rights], but this policy has not even been in place for two years.  But we certainly have enjoyed more benefits than was enjoyed under the previous policy that was in place for more than 50 years and didn’t bring about the kinds of benefits or the kinds of progress that we would like to see.”
  • “[T]hose Cuban citizens that do work in industries, like cab drivers or working in restaurants, even Airbnb owners, are benefitting from the enhanced economic activity between Cuban citizens and American citizens who are visiting Cuba.  They are paid at a higher rate, and they’re enjoying more economic activity than they otherwise would because of this policy to normalize relations with Cuba. . . . [T]here is a growing entrepreneurial sector inside of Cuba that is benefitting from greater engagement with the United States.  That’s a good thing, and that is a benefit that is enjoyed by the Cuban people directly.”
  • “[T]here certainly is no denying the kind of violence that occurred in Cuba under the watch of the Castro regime.  There has been no effort to whitewash the history, either the history between the United States and Cuba or the history of what transpired in Cuba while Mr. Castro was leading the country.”
  • “That’s why upwards of 90 percent of the Cuban people actually support this policy and they welcome the greater engagement with the United States.  They welcome the increased remittances that are provided Cuban-Americans to family members in Cuba.  They welcome the increase in travel by American citizens to Cuba.  There’s a lot to offer.  And the Cuban people certainly benefit from that kind of greater engagement.  And that’s why the President has pursued this policy.”
  • The U.S. “relationship with countries throughout the Western Hemisphere, particularly in Latin America, is as strong as it’s been in generations. And all of that would be undone by the reinstitution of a policy that has failed after having been in place for more than five decades.”

The next day, November 28, Press Secretary Ernest announced that the U.S. will not send a formal delegation to Cuba to attend the Castro funeral but instead will dispatch a top White House aide and a principal Cuba-normalization negotiator, Benjamin J. Rhodes, to be joined by , the top U.S. diplomat in Cuba.

U.S. Senators and Representatives[3]

Senator Bob Corker (Rep., TN), the Chair of the Senate Foreign Relations Committee, stated, Under Fidel Castro’s brutal and oppressive dictatorship, the Cuban people have suffered politically and economically for decades, and it is my hope that his passing might turn the page toward a better way of life for the many who have dreamed of a better future for their country. Subsequently after meeting with Mr. Trump about a possible appointment as Secretary of State, Corker said Mr. Trump’s “instincts on foreign policy are obviously very, very good.”

The Ranking Member of that committee, Senator Ben Cardin (Dem., MD), said, “The news of Fidel Castro’s death brings with it an opportunity to close the deep divisions that have been suffered by Cuban society and by Cuban Americans in the U.S.  For Castro’s purported goals of social and economic development to be attained, it is now time for a half-century of authoritarian rule to give way to the restoration of democracy and the reform of a system the has denied Cuba’s citizens their basic human rights and individuals freedoms. As the United States awaits a new Administration, we must continue our partnership with the Cuban people as they seek to build a more hopeful future for their country.”

Senator Marco Rubio of Florida, a Cuban-American and Republican presidential candidate this year, said in a statement: “Sadly, Fidel Castro’s death does not mean freedom for the Cuban people or justice for the democratic activists, religious leaders, and political opponents he and his brother have jailed and persecuted. The dictator has died, but the dictatorship has not…The future of Cuba ultimately remains in the hands of the Cuban people, and now more than ever Congress and the new administration must stand with them against their brutal rulers and support their struggle for freedom and basic human rights.” Senator Bob Menendez (Dem., N.J.), a Cuban-American who has opposed Mr. Obama’s policy, issued a similar statement.

Senator Jeff Flake (Rep., AZ), who has supported normalization and is the lead author of a Senate bill to end the embargo, merely said, “Fidel Castro’s death follows more than a half century of brutal repression and misery. The Cuban people deserve better in the years ahead.”

Minnesota’s Senator Amy Klobuchar (Dem.), the author of a Senate bill to end the U.S. embargo of the island, said the following: “Passing my bill with Republican Senator Jeff Flake to lift the trade embargo with Cuba would create jobs and increase exports for American farmers and businesses, and it could create unprecedented opportunity for the Cuban people. For far too long, U.S.-Cuba policy has been defined by the conflicts of the past instead of the realities of today and the possibilities for the future. The Cuban and American people are ahead of their governments in terms of wanting to see change. We need to seize this opportunity and lift the trade embargo.”

Minnesota’s other Senator, Al Franken (Dem.) said that, in the wake of Castro’s death, he hopes the Obama administration’s work to repair relations with the island nation is upheld by a new administration. “Over the past few years, we’ve made important strides to open up diplomatic relations with Cuba, and now I urge the country’s leadership to put a strong focus on improving human rights and democracy.”

On the House side, one of Minnesota’s Republican representative and an author of a bill to end the embargo, Tom Emmer, said that Congress should seize the opportunity to “assist in the transition to a democracy and market economy” in Cuba and denounced “isolation and exclusion.” He added, “The passing of Fidel Castro is yet another reminder that a new day is dawning in Cuba. As the remaining vestiges of the Cold War continue to fade, the United States has a chance to help usher in a new Cuba; a Cuba where every citizen has the rights, freedom and opportunity they deserve.”

The statement from the Speaker of the House, Paul Ryan (Rep., WI), stated, “Now that Fidel Castro is dead, the cruelty and oppression of his regime should die with him. Sadly, much work remains to secure the freedom of the Cuban people, and the United States must be fully committed to that work. Today let us reflect on the memory and sacrifices of all those who have suffered under the Castros.”

U.S. Editorial Boards and Columnists[4]

The New York Times’ editorial opposed any retreat from normalization. It said such a move would be “extremely shortsighted.” The new process of normalization, it says, “has helped establish conditions for ordinary Cubans to have greater autonomy in a society long run as a police state. It has also enabled Cuban-Americans to play a larger role in shaping the nation’s future, primarily by providing capital for the island’s nascent private sector. While the Cuban government and the Obama White House continue to have profound disagreements on issues such as human rights, the two governments have established a robust bilateral agenda that includes cooperation on environmental policy, maritime issues, migration, organized crime and responses to pandemics. These hard-won diplomatic achievements have benefited both sides.”

 If, on the other hand, said the Times, the normalization process is abandoned, U.S.-Cuba “cooperation is likely to wane. That would only embolden hard-liners in the Cuban regime who are leery of mending ties with the United States and are committed to maintaining Cuba as a repressive socialist bulwark. In Mr. Trump, they may find the ideal foil to stoke nationalism among Cubans who are fiercely protective of their nation’s sovereignty and right to self-determination.”

The editorial from the Washington Post, while criticizing some aspects of President Obama’s opening to Cuba, stated U.S. policy should “align itself with the hopes of ordinary Cubans and the legitimate demands of the island’s pro-democracy movements. That does not necessarily mean reversing the renewal of diplomatic relations and relaxed restrictions on the movement of people and goods; most Cubans still want that. But it should mean that official exchanges with the regime, and any concessions that benefit it, should be tied to tangible reforms that benefit the public: greater Internet access, expansion of space for private business and tolerance of critical speech and assembly by such groups as the Ladies in White.”

Conservative columnists and commentators welcomed Fidel’s death. George Will hoped, if not reasonably expected, “to have seen the last of charismatic totalitarians worshiped by political pilgrims from open societies. Experience suggests there will always be tyranny tourists in flight from what they consider the boring banality of bourgeois society and eager for the excitement of sojourns in ‘progressive’ despotisms that they are free to admire and then leave. Carlos Eire, a Cuban exile, author and the T.L. Riggs Professor of History and Religious Studies at Yale University, suggested a 13-point negative epitaph for Fidel’s tomb. The first point was: ”He turned Cuba into a colony of the Soviet Union and nearly caused a nuclear holocaust.” The last point was this: “He never apologized for any of his crimes and never stood trial for them.”

Another Washington Post columnist, Kathleen Parker, agreed that Fidel was a terrible dictator, but argued that Mr. Trump “should understand that Fidel Castro loved the embargo more than anyone because, as ever, he could blame the [U.S.] for his failures. For Trump to fall into this same trap [by keeping the embargo] would be a postmortem gift to Castro and breathe new life into a cruel legacy — the dictator’s final triumph over the [U.S.] and the several American presidents who could never quite bury him.”

U.S. Business Interests and Others[5]

Important interests that typically are regarded as important by Republicans are arguing against any retreats from the Obama Administration’s pursuit of normalization of Cuba relations

First, many U.S. companies are now deeply invested in Cuba under the current administration’s policy. These companies include major airlines, hotel operators and technology providers, while big U.S. phone carriers have signed roaming agreements on the island. “I think the American business community would be strongly opposed to rolling back President Obama’s changes, and strongly in favor of continuing the path toward normalization of economic and diplomatic relations,” said Jake Colvin, vice president of the National Foreign Trade Council.

Second, the U.S. farming industry is strongly supportive of normalization of U.S.-Cuba relations. For example, Kevin Paap, president of the Minnesota Farm Bureau, does not want the next administration to take any steps that would put U.S. farmers at a further disadvantage in the Cuban market. “Every other country in the world has diplomatic and trade relations with Cuba, and what we don’t want to do is lose that market share to the European Union, Brazil, Argentina.” Mr. Paap added that U.S. market share in Cuba has decreased in recent years as other countries are able to provide better financing.

But agricultural producers across the country, from rice producers in Louisiana to Northwest apple farmers to Kansas wheat growers have pushed for more, including lifting a ban prohibiting Cuba from buying American agricultural goods with U.S. credit.

Cuba’s wheat consumption is about 50 million barrels a year, said Daniel Heady, director of governmental affairs at the Kansas Association of Wheat Growers. Although not a huge market, “it’s right off the coast and it would be extremely easy for us to deliver our product.” “It is something that Kansas farmers are extremely interested in,” Heady said. “In a world of extremely depressed commodity prices, especially wheat, 50 million bushels looks extremely good right now.”

Republican governors from Texas, Arkansas and elsewhere have led trade delegations to Cuba, along with their state farm bureaus and chambers of commerce.

A U.S. journalist with extensive experience with Cuba, Nick Miroff, echoed these thoughts. He said, “A return to more hostile [U.S.-Cuba] relations . . . could also bring a new crackdown in Cuba and further slow the pace of Raúl Castro’s modest liberalization  measures at a time of stalling economic growth. Hard-liners in Cuba’s Communist Party would gladly take the country back to a simpler time, when the antagonism of the United States — not the failure of government policies — was to blame for the island’s problems, and the threat of attack, real or imagined, was used to justify authoritarian political control.’

Moreover, according to a Wall Street Journal report, any U.S. abandonment of normalization with Cuba “could drive a new wedge between Washington and Latin America . . . not only by leftist allies of Cuba like Venezuela and Bolivia but also by conservative governments in Brazil, Chile, Mexico and Colombia. It would also likely complicate regional cooperation on a range of issues, from immigration to security and anti-drug efforts.”

In Miami, many of the island’s exiles and their children and grandchildren took to the streets, banging pots and pans, waving American and Cuban flags, and celebrating in Spanish: “He’s dead! He’s dead!”

Meanwhile in faraway Minnesota, even though it has relatively few Cuban exiles, celebrated its Cuban connections. They range from festivals and restaurants in the Twin Cities that preserve and highlight Cuban culture. Its politicians in Washington, D.C. have been leaders in efforts to lift the trade embargo on Cuba, citing the potential for economic and political advancements and job growth. Christian communities in Minnesota also value their religious and moral obligations to Cubans. Cuba’s expanded Mariel Port could carry Minnesota-made goods. Other Minnesota-based companies, including Sun Country Airlines, Radisson Hotels and Cargill, could benefit from lifting the embargo.

Last year the Minnesota Orchestra took a historic trip to Cuba as the first U.S. orchestra to perform there since Obama began negotiations in 2014. Next June, some Orchestra members will perform in Cuba again along with Minnesota Youth Symphonies. They also will be joined by Cuban-American jazz musician, Ignacio “Nachito” Herrera, and his wife, who works as an attorney. Herrera grew up during the Cuban Revolution and credits Castro’s leadership for the career opportunities he and his wife have achieved. Indeed, Herrera met Castro in the 1980s while being recognized in a Classic World Piano competition. Castro was humble, Herrera said, and deeply curious about his accomplishments.

Concluding Observations

This blog consistently has applauded the U.S. pursuing normalization with Cuba. The death of Fidel Castro does not change that opinion and advocacy. Fundamentally I agree with President Obama that the 50-plus years of U.S. hostility towards Cuba has not worked—it has not persuaded or forced Cuba to change its ways and it has interfered with our having friendly relations with countries throughout the world, especially in Latin America.[6]

Indeed, the countries of the Western Hemisphere in their Summits of the Americas have made it clear to fellow member the U.S. that they would no longer reluctantly acquiesce in the U.S. desire to exclude Cuba from such Summits, and at the last such gathering in 2015, after the announcement of U.S.-Cuba normalization they praised both countries for this move.[7]

The broader world disapproval of the U.S. hostility towards Cuba is shown by the annual overwhelming approvals of resolutions condemning the U.S. embargo of the island by the U.N. General Assembly. Nor should the U.S. continue to ignore its very large contingent liability to Cuba for its alleged damages from the embargo. (The U.S., of course, disputes this contingent liability, but prudence for any nation or entity facing such a large contingent liability dictates cutting off that risk by stopping the behavior that allegedly triggers the risk.)[8]

Opponents of normalization usually point to Cuban deficiencies on human rights and democracy. But such opposition fails to recognize or admit that the U.S. does not have a perfect record on these issues, including this year’s U.S. election and efforts at voter suppression and the U.S. indirect election of the president and vice president via the Electoral College. Moreover, such opponents also fail to recognize or admit that at least some Cuban limits on dissent and demonstrations undoubtedly are triggered by their fear or suspicion that the U.S. via its so-called covert or undercover “democracy promotion” programs in Cuba is financing or otherwise supporting these efforts at regime change on the island. Finally as part of the efforts at normalization the U.S. and Cuba have been having respectful dialogues about human rights issues.[9]

Another issue sometimes raised by opponents of normalization is Cuba’s failure to provide financial compensation to U.S. persons for Cuba’s expropriation of their property in the early years of the Revolution. But such criticism fails to recognize that Cuba has paid compensation to persons from other countries for such expropriation, that it is in Cuba’s interest to do the same for U.S. persons, that the two countries have been respectfully discussing this issue as well, and there is no reason to expect that this issue cannot be resolved peacefully.[10]

Opponents of normalization also seem to believe or assume that only the U.S. and Cuba are involved in these issues. That, however, is not true. Perhaps precipitated by the December 2014 announcement that Cuba and the U.S. had agreed to seek normalization and reconciliation, other countries, especially the members of the European Union, have been accelerating their efforts to resolve differences with Cuba so that the U.S. will not beat them to gain competitive advantages with the island. China also is another competitor.[11]

Finally Cuba’s current major ally, Venezuela, obviously is near collapse and being forced to reduce its support of Cuba, thereby threatening Cuba’s stability and viability. The U.S. does not want to see Cuba become a failed state 90 miles away from the U.S. Such a situation is even more dire today according to Tom Friedman’s new book, Thank You for Being Late: An Optimist’s Guide to Thriving in the Age of Accelerations. He asserts at page 270 that it “may even be more difficult [for inhabitants of a failed state to reconstitute itself] in the age of accelerations. The lifelong learning opportunities you need to provide to your population, the infrastructure you need to take advantage of the global flows [of information], and the pace of innovation you need to maintain a growing economy have all become harder to achieve. . . . Catching up is going to be very, very difficult.”

For the U.S., once again, to act like an arrogant bully towards Cuba will not achieve any good result. All U.S. citizens interested in Cuba’s welfare and having good relations with the U.S. need to resist any efforts by the new Administration to undo the progress of the last two years.

=======================================================

[1] Assoc. Press, Trump Slams Recount Push as ‘a Scam,’ Says Election Is Over, N.Y. Times (Nov. 26, 2016); Reuters, Trump Says He Will do All He Can to Help Cuban People, N.Y. Times (Nov. 26, 2016); Assoc. Press, Vice-President-Elect Pence Says ‘New Hope Dawns’ for Cuba, N.Y. Times (Nov. 26, 2016); Assoc. Press, Trump Aides Say Cuban Government Will Have to Change, N.Y. Times (Nov. 27, 2016); Flaherty, Trump aides say Cuban government will have to change, StarTrib. (Nov. 27, 2016); Schwartz & Lee, Death of Fidel Castro May Pressure Donald Trump on Cuba Promises, W.S.J. (Nov. 27, 2016); Mazzei, Trump pledges to ‘terminate’ opening to Cuba absent ‘better deal,’ Miami Herald (Nov. 28, 2016); Cave, Ahmed & Davis, Donald Trump’s Threat to Close Door Reopens Old Wounds in Cuba, N.Y. Times (Nov. 28, 2016).

[2]   White House, Statement by the President on the Passing of Fidel Castro (Nov. 26, 2016); U.S. State Dep’t, Secretary Kerry: The Passing of Fidel Castro (Nov. 26, 2016); White House, Press Briefing by Press Secretary Josh Earnest, 11/28/16; White House, Press Briefing by Press Secretary Josh Earnest, 11/29/16; Harris, Obama to Send Aide to Fidel Castro’s Funeral, N.Y. Times (Nov. 29, 2016).

[3] Sen. For. Rel. Comm., Corker Statement on the Death of Fidel Castro (Nov. 26, 2016); Griffiths, Corker praises Trump as State Department speculation continues, Politico (Nov. 29, 2016; Sen. For. Rel. Comm, Cardin Statement on the Death of Fidel Castro (Nov. 26, 2016); Rubio, Rubio: History Will Remember Fidel Castro as an Evil, Murderous Dictator (Nov. 26, 2016); Menendez, Senator Menendez on Death of Fidel Castro (Nov. 26, 2016); Flake, Flake Statement on the Death of Fidel Castro (Nov. 26, 2016); Ryan, Statement on the Death of Fidel Castro (Nov. 26, 2016);The latest: US House Leader Urges Remembering Castro Cruelty, N.Y. Times (Nov. 26, 2016); Klobuchar, Klobuchar Statement on Passing of Fidel Castro (Nov. 26, 2016); Emmer, Emmer Statement on Death of Fidel Castro (Nov. 26, 2016).

[4] Editorial, Threatening Cuba Will Backfire, N.Y. Times (Nov. 29, 2016); Editorial,Editorial, Fidel Castro’s terrible legacy, Wash. Post (Nov. 26, 2016); Fidel Castro’s demise can’t guarantee freedom for the people of Cuba, Wash. Post (Nov. 28, 2016); Will, Fidel Castro and dead utopianism, Wash. Post (Nov. 26, 2016); Eire, Farewell to Cuba’s brutal Big Brother, Wash. Post (Nov. 26, 2016); Parker, Don’t give Fidel Castro the last laugh, Wash. Post (Nov. 29, 2016). Eire is the author of Learning To Die in Miami: Confessions of A Refugee Boy (2010) and Waiting for Snow in Havana (2003).

[5] DeYoung, Trump’s threat to terminate opening to Cuba may draw opposition from business, Republican states, Wash. Post (Nov. 29, 2016); Miroff, Cuba faces renewed tensions with U.S., but without Fidel Castro, its field marshal, Wash. Post (Nov. 28, 2016); Dube & Johnson, Donald Trump’s Line on Cuba Unsettles Latin America, W.S.J. (Nov. 28, 2016); Klobuchar, Minnesota Artists, Leaders Reflect on Castro’s Legacy (Nov. 26, 2016);  Miroff & Booth, In wake of Castro’s death, his legacy is debated, Wash. Post (Nov. 28, 2016).

[6] See List of Posts to dwkcommentaries—Topical: CUBA.

[7] Previous posts have discussed the Seventh Summit of the Americas in April 2015. https://dwkcommentaries.com/?s=Summit+of+the+Americas.

[8] Previous posts have discussed the U.N. General Assembly resolutions on the embargo in 2011, 2014, 2015 and 2016 and the suggested international arbitration to resolve the disputes about Cuba’s damage claims resulting from the embargo. (See posts listed in “U.S. Embargo of Cuba” section of List of Posts to dwkcommentaries—Topical: CUBA.

[9] See posts listed in “U.S. Democracy Promotion in Cuba,” “U.S. & Cuba Normalization, 2014-2015” and “U.S. & Cuba Normalization, 2015-2016” sections of List of Posts to dwkcommentaries—Topical: CUBA.

[10] See posts listed in “U.S. & Cuba Damage Claims” section of List of Posts to dwkcommentaries—Topical: CUBA.

[11] See list of posts in “Cuba & Other Countries” section of List of Posts to dwkcommentaries—Topical: CUBA.

GOP Scheming To Thwart Majority Popular Vote for President

As discussed in a prior post, I favor the adoption of a constitutional amendment to eliminate the Electoral College for the election of our President and Vice President and instead to have direct election of those offices by national popular vote. But that amendment has not been adopted. Thus, we are stuck with the Electoral College for the presidential election in 2016 and thereafter.

In anticipation of 2016 the Republican Party is concocting a flimflam scheme to rig the Electoral College so that a Republican candidate could be elected president even though he or she was a clear loser in the national popular vote.

This scheme is being organized by the Republican State Leadership Committee and its Redistricting Majority Project, or REDMAP.

In states whose legislatures are controlled by Republicans, but whose voters favored President Obama in 2012, Republican legislators and party officials are developing legislation to allocate those states’ presidential electoral votes by congressional districts. Those districts already have been gerrymandered by those same Republican-controlled state legislatures to favor Republican congressional candidates. As a result of this gerrymandering, Republicans now have a 33-seat majority in the House of Representatives even though Democratic candidates for Congress collectively got 1.1 million more votes than their Republican opponents in the 2012 election.

The result of such changes, if adopted, would be to reduce the Electoral College votes of a Democratic Party presidential candidate who had the most popular votes in such states and in the nation as a whole. Under some scenarios, it could even result in the election of a Republican presidential candidate who lost the national popular vote.

The lesson for Democrats, liberals, progressives as well as those who believe in the principles of democracy: be vigilant. Identify any such efforts in your states. Publicly oppose those measures. Lobby for state legislative opposition to them.

RachelMaddowShow

 

This outrageous GOP campaign is being investigated by Rachel Maddow of MSNBC and by the Associated Press.

 

 

 

Maximize U.S. Voting!

On November 6th the U.S. will have a very important national election.

This should remind us that a democratic republic like ours should have laws and procedures that simplify and maximize our citizens’ ability to vote. Unfortunately we do not meet this test. Here are my opinions on addressing this disparity.

Reforming the U.S. Voting System

First, the electorate should include every U.S. citizen.

That includes all citizens who have been convicted of felonies and who are still in prison and those who have served their sentences. They are human beings who have interests and opinions, and they have unique experiences of life inside our prisons, which are often neglected in the political debate about allocation of resources.

Now only two states (Maine and Vermont) impose no voting restrictions on felons or ex-felons. The other states impose various restrictions, with 11 states (six in the South) banning ex-felons from voting even after they have completed prison and probation or parole. As a result, an estimated 5.5 million people are disenfranchised on this basis, about one-fourth of whom are still in prison. Because 38.2% of these people are African-American, it is also a racial justice issue.

The electorate also should include all children. They too are human beings with interests that should be reflected in elections. This is especially true in an electorate in which older citizens tend to vote in higher percentages and naturally have an interest in programs and services that benefit them. I am a member of the older group and yet believe our political influence needs to be counterbalanced by the voices of the youngest. Creation of a voting system to allow all children to vote would require a lot of careful consideration of how this could be accomplished.  It presumably would have parents or guardians voting for their children through a certain age such as 16 or 18.[1]

Second, every citizen should be required to vote at least in national elections.

I know that this is true in many countries so it can be done. Such a system, I believe, would have the beneficial effect of causing political parties and candidates to appeal to voters in the middle of the political spectrum and thereby combat the polarization of our political system. Again, creation of such a system would require careful consideration of how that could be done.

Noted political commentators, Thomas E. Mann and Norman J. Ornstein, have made such a proposal. One means of enforcing such a law, they say, would be a modest fine, say $15, for failure to vote with increased amounts for repeated failures. Another way would be to provide a small tax credit for voting.[2]

Third, we should simplify our voting laws and procedures to make it easier to vote. Mann and Ornstein offer the following suggestions in this regard:

  1. Modernizing voter registration by allowing online registration and transfer of such records when the voter moves to a new home, by sharing data with private databases, by having national election-day registration.
  2. Having more easily accessible polling places, such as in or near shopping centers or arenas.
  3. Creating a uniform separate federal election ballot.
  4. Changing election day from Tuesday to a more convenient time, like noon-Saturday to noon-Sunday.
  5. Having a uniform national early voting period, such as Wednesday through Friday before election day.[3]

Fighting Efforts To Restrict Voting

Unfortunately too much effort is being spent these days to restrict voting. It includes restricting legitimate voter registration drives, purging voter rolls and limiting early voting. Even worse are reports in the New York Times and HuffingtonPost of voter registration drives that submitted false applications and destroyed legitimate ones.

In a recent New Yorker magazine Jane Mayer examines the well organized “True the Vote” effort that says it aims to fight and eliminate voter fraud. In my opinion, however, there are serious questions as to whether it really is an effort to suppress the votes of African-Americans, young people and others who tend to support Democratic Party candidates and causes.

One of the means by which “True the Vote” seeks to do this is promotion of state voter photo-ID laws which sound good on the surface, but often do not work that way. Even if such laws provide for free government-issued IDs, they sometimes do not provide without charge the documents (e.g., birth certificates) that are necessary to obtain such IDs. They also sometimes fail to provide reasonably accessible sites to obtain the ID’s or alternative ways to prove a voter’s identity.

This year in Minnesota, we will be voting on a proposed constitutional amendment to have a photo-ID requirement. The simple question on the ballot will be:

  • “Shall the Minnesota Constitution be amended to require all voters to present valid photo identification to vote and to require the state to provide free identification to eligible voters, effective July 1, 2013?”

The actual proposed constitutional amendment, however, is more complex. It is the underlined text in the following:

  • Article VII, Section 1. (a) Every person 18 years of age or more who has been a citizen of the
    United States for three months and who has resided in the precinct for 30 days next
    preceding an election shall be entitled to vote in that precinct. The place of voting by one
    otherwise qualified who has changed his residence within 30 days preceding the election
    shall be prescribed by law. The following persons shall not be entitled or permitted to
    vote at any election in this state: A person not meeting the above requirements; a person
    who has been convicted of treason or felony, unless restored to civil rights; a person under
    guardianship, or a person who is insane or not mentally competent.(b) All voters voting in person must present valid government-issued photographic 
    identification before receiving a ballot. The state must issue photographic identification
    at no charge to an eligible voter who does not have a form of identification meeting the
    requirements of this section. A voter unable to present government-issued photographic
    identification must be permitted to submit a provisional ballot. A provisional ballot must
    only be counted if the voter certifies the provisional ballot in the manner provided by law.

    (c) All voters, including those not voting in person, must be subject to substantially
    equivalent identity and eligibility verification prior to a ballot being cast or counted.

Such a system would create havoc on election day. Election judges, who are volunteers, would have to decide on the spot the validity of photo-Ids from 50 states and the District of Columbia, the U.S. military, 565 federally recognized Indian tribes and U.S. passports. This would require intensive training of such judges in the laws of all those entities. For example, Minnesota law states that a valid Minnesota driver’s license is one that is “not expired, suspended, revoked or cancelled” and that has been issued within 30 days of the driver’s having moved to a new address. Each of the other states and entities may have different criteria for such validity.

In addition, Minnesota election judges also receive the absentee ballots and thus would be faced with the responsibility of determining validity of other ID’s and whether they were “substantially equivalent to” those required of voters voting in person.

The Minnesota Secretary of State and the local election officials in the state say that compliance with such an amendment would be very expensive in terms of training election judges and administering the system. In addition, I believe there probably would be many people who would not volunteer for these positions with the increased complexity of the job.

The major newspaper in the state, the StarTribune, has opposed this proposed constitutional amendment.

I will vote “NO” on this proposed amendment and urge my fellow Minnesotans to do the same!

Improving the Accountability of the Federal Government

There also are ways to improve the accountability of the federal government to the electorate. Here are some of those ways.

We should amend the U.S. Constitution to eliminate the electoral college for presidential elections and instead have direct, popular voting to choose our national leader.

We also should amend the Constitution to change the term of office for members of the U.S. House of Representatives from two years to four years and have their elections coincide with the presidential elections. Perhaps too the term of office of U.S. Senators should be changed from six to eight years, again with their elections coinciding with the presidential elections. This would eliminate midterm elections that often result in divided government, thereby making it more difficult to do anything at the national level.[4]

Another constitutional amendments would adopt weighted voting by U.S. Senators so that each Senator from the least populous state (Wyoming) has one vote while each Senator from the most populous state (California) has a vote that counts as 66 votes.

Eliminate the U.S. Senate’s filibuster rule by the Senate itself doing so or by a federal court’s determining that the rule is unconstitutional. [5]

Reform the system for creating new congressional districts after the decennial census by delegating the task to an independent commission that operates under explicit standards for fairness and political competition.[6]

Change political party primary elections to open primaries.[7]

Adopt proportional representation in multi-member districts.[8]

Conclusion

I recently have been volunteering for the Obama campaign and am astounded to see first-hand the immense logistical, managerial and financial requirements for a presidential candidate’s identifying his or her likely voters and urging them to vote early or go to the polls to vote on election day in a country with a population of nearly 312 million spread out over nearly 4 million square miles.  This is even more difficult for candidates like Obama who count on the support of younger voters, who move more frequently and change from being students to working out in the larger world.

To my fellow U.S. citizens, please vote in this election!


[1] I made such a suggestion in 1996, and the idea also was recently endorsed by an op-ed article in the Washington Post.

[2] Thomas E. Mann & Norman J. Ornstein, It’s Even Worse Than It Looks: How the American Constitutional System Collides with the New Politics of Extremism at 140-43 (Basic Books; New York 2012).

[3]  Id. at 133-40.

[4]  Id. at 164.

[5]  Id. at 166-72.

[6]  Id. at 143-47.

[7]  Id. at 147-49.

[8]  Id. at 149-52.