Fight for the Senate

Background

In the contest for the Senate in the 2006 midterm elections, eight races stand out as unusually important: (incumbent in italics)

  • Pennsylvania: Rick Santorum (R) v. Bob Casey
  • New Jersey: Bob Menendez (D) v. Tom Kean
  • Montana: Conrad Burns (R) v. Jon Tester
  • Virginia: George Allen (R) v. James Webb
  • Ohio: Mike DeWine (R) v. Sherrod Brown
  • Tennessee: Bob Corker v. Harold Ford
  • Missouri: Jim Talent (R) v. Claire McCaskill
  • Rhode Island: Lincoln Chafee (R) v. Sheldon Whitehouse

The first is a likely Republican loss, while it will be a fight for the Democrats to hold the second. As of the final polls before the election, the remaining six races are up in the air. To win a majority, Democrats need a swing of six seats.

I have written previously about the importance of the Senate in this race.

Breaking news

As of 2:30am, the Daily Kos (a partisan Democrat site) is reporting that the Democrats have gained three seats in the Senate. They need six for a majority.

More cautiously, The New York Times is only showing that they have certainly taken one of the six most contested seats: New Jersey.

Pollster.com is showing 49 Senate seats going Republican, 47 going Democratic, and four still up in the air. In the event of a tie in the Senate, the Vice-President gets to cast the deciding vote.

[Update: 2:50am] The New York Times is now reporting Democratic victories in the Pennsylvania and Ohio Senate races as well. Either Democrat Lamont or Independent Lieberman is basically certain to win Connecticut. For those who haven’t been following the news, Joe Lieberman lost the Democratic primary, largely due to his support for the Iraq war and the perception that he is overly close to the Bush administration.

[Update: 3:15am] The NYT and Daily Kos now agree that the Democrats have picked up Ohio, Pennsylvania, and Rhode Island. They also held seats in Maryland, Michigan, Minnesota, and New Jersey. It also seems that Ned Lamont has conceded to Joe Lieberman in Connecticut.

[Update: 3:40am] Up by three, with four still in play and Virginia looking like the Republicans will hold it, I am going to take another shot at going to sleep. The Republican candidate is leading by 5% in Tennessee, with 66% reporting. In Virginia, they are leading by 1%, with 94% reporting. In Missouri, they are leading by 10%, with 24% reporting. There are still no reports from Montana. Given that the Democrats would need to win all but one of these races, things are not looking terribly good, as far as their chances of a Senatorial majority go.

Election nights have certainly become a lot more exciting in the past few years.

[Update: 8:00am] Well, there you have it. The smart money was on a victory in the House and a narrow failure to win a majority in the Senate, just as most friends who I polled informally yesterday guessed. The Republicans took both Montana and Virginia, as listed above in my collection of crucial races.

Given the circumstances, I would not say that this is an impressive showing for the Democrats. They clearly need to become a lot more coherent and well organized before 2008. That said, I would say that the real priority for the American electoral system is to fix the many problems with electronic voting systems.

I wonder how this new Congressional balance will affect government over the next two years. That is something to ponder during my upcoming coach ride to London.

[Update: 9 November 2006] It seems that the race still isn’t over. More commentary as it emerges. The Democrats have taken Montana, with Virginia still up in the air.

[Update: 12:15pm 9 November 2006] It seems that Virginia has gone to the Democrats as well. That gives them a majority in the Senate. The moral of the story: don’t call things too early.

American midterm elections today

Those looking for more polling data than they will know what to do with, for today’s midterm elections in the United States, should have a look at Pollster.com. For first year M.Phil students nervous about the quantitative methods test, it might be worthwhile reading as well.

I will definitely be watching the news closely between now and whenever the House and Senate races are settled. Hopefully, none of the quite justified concerns about problems with electronic voting machines will manifest themselves. Unfortunately, the vulnerabilities exposed by the Princeton study and others could be exploited in ways that could never be detected by electoral officials. Anyone who thinks that electronic votingi s secure, with paper ballots and automatic auditing of part of the vote, should watch this short video produced by the Princeton team.

No matter which way this election goes, fixing the mechanics of the electoral system should be a huge priority before the 2008 elections. Relevant previous posts:

Also well worth a look:

Saddam to be hanged

Ceiling of the Merton College Chapel, Oxford

Reading the news that Saddam Hussein, former president of Iraq, has been sentenced to die by hanging created a ambivalent combination of feelings. On the one hand, he is certainly guilty: if not of the particular atrocity for which he was tried than for crimes against humanity in general. Likewise, launching the Iran-Iraq War probably constituted ‘conspiracy to wage aggressive war’ – the crime for which the subjects tried at Nuremberg were hanged.

Problems with the trial

That said, there are procedural issues that draw the result into question. One major legal problem is the genesis of the Supreme Iraqi Criminal Tribunal (formerly known as the Iraqi Special Tribunal). This body, where Saddam Hussein is on trial, was not established by an elected Iraqi government, but by the Coalition Provisional Authority: a bureaucracy composed of and supported by the occupying army. To say that this is domestic Iraqi justice is therefore somewhat disingenuous.

Other serious problems have been the lack of security for those involved in the trial: including witnesses, judges, and lawyers. By the end of the trial, Saddam Hussein only had one legal representative left: Khalil al-Dulaimi (largely because others were dismissed, though three were killed). The absence of a stable security situation in Iraq, and Baghdad in particular, further reduces the changes of a free and fair trial being conducted, at an internationally certifiable level of due process.

A further problem is the absence of an adequate process of appeal. There is only a ten-day window in which an appeal can be launched, and it is widely expected to end in failure within weeks. Related is the issue that it is over-hasty to execute Saddam Hussein on the basis of one set of allegations, relating to 148 killings in Dujail in 1982, when so many more charges remain to be considered. The importance of being systematic and fair lies in generating an accurate accounting of the various crimes committed by Saddam Hussein and his regime. If the stated objective of the coalition in “drawing a line” under the Saddam era is genuine, such a comprehensive accounting seems like an important step.

Problems with the death sentence, generally

In general, the international community has condemned the sentence of death. The European Union has spoken against it. As have India, Ireland, The Netherlands, and New Zealand. Even Tony Blair said that he is opposed.

Personally, I don’t feel that execution is an option that should be available to any court. As a form of justice, it is little more than crude retribution. While the danger of convicting innocent people does not apply in this case, the general moral and pragmatic position against the death penalty seems very strong to me.

That said, imposing what has become the international consensus upon the Iraqi court carries problems of its own. To grant the new Iraqi governments powers and then circumscribe their usage does not conform to the project upon which the coalition has supposedly embarked. While it is clearly legitimate for outside actors to urge a reconsideration of the death sentence, it would probably be illegitimate to force the hand of the court in any significant way.

Primarily because of the flawed trial process, the insufficient appeal system, and the importance of rigorously cataloging the misdeeds of the former regime, Saddam Hussein should not be put to death.

All that said, I encourage someone to argue the opposite.

On impeachment

In their leader on the midterm elections, The Economist says that: “talk of impeaching Mr Bush is dangerous” but offers no reasoning for the claim. While impeachment is obviously an extreme response, it is one that has been contemplated several times in the last century. It seems to me that a case can be made that wiretapping, torture, the denial of legal rights to American citizens, and the widespread rejection of international law create at least the possibility that this administration is as criminal as that of Richard Nixon. The list certainly makes Bill Clinton’s crime of lying under oath seem reasonably trivial.

Perhaps they mean that talk of impeachment is dangerous to the Democrats, because it risks turning a reversal of the Congressional majority into an opportunity to settle political scores. The Democrats obviously need to become a solid-seeming alternative before the 2008 elections, and too many inquiries and accusations could be a distraction. This is an argument with which I have some sympathy, but if the Democrats are likely to be elected more out of anger directed towards the Republicans than because of their own ideas – as seems to be the case – then it is perhaps exactly such inquiries that they are being elected to conduct.

Let’s just hope that a Democratic congress, if such a thing arises on Tuesday, will be able to generate some better policies, instead of just recriminations.

Conservatism and the environment

In the northern lower reading room of the Bodeleian, I read a really interesting chapter on ecology and conservatism by Roger Scruton, from the University of Buckingham.1 He makes a surprisingly solid argument that a greening of conservatism would be more of a return to its roots than a departure into uncertain territory. He evokes the position of Burke that all living people are involved in a trusteeship involving both the living and the dead. The moral onus is to maintain, resist damage, and pass along that which has been inherited.

The problems with this position are twofold, and both problems arise from the parochialism of conservative environmentalism. I have always admired the sensible conservative caution about grand projects and the building of utopias. That said, encouraging enclaves to behave in environmentally responsible ways does nothing to protect those within from their neighbours (or those across the world) who do not behave similarly. When the greatest environmental threat in the world (climate change) arises from collective economic activity, a love of one’s home and country, and the fervent desire to protect both, will come to nothing without international cooperation and the changing of behaviour, using some combination of consent and coercion.

The second problem is that of material equality. Protection of what you have inherited for those who are to follow may be a noble individual pursuit (think of the shame attached to those who squander fortunes and wreck empires), but it is not a path towards greater global justice. Now, greater global justice may be exactly the kind of Utopian project that conservatives are smart to be wary about. That said, there can be moral impulses strong enough to make us embark upon difficult and uncertain projects, simply because it would be profoundly unethical to behave otherwise. When it comes to extreme poverty and the deprivation and danger under which so much of the world’s population lives, I think those impulses are justification enough.

Strategically, it seems essential to foster an emergence of green conservatism in the political mainstream. We cannot oscillate between relatively responsible governments and those that act as wreckers. Moreover, once both sides of the mainstream have accepted how vital the environment is, and the sacrifices that must be made to protect it, there is a better chance that the debate and policy can move forward. If one group is forging ahead with more far-thinking ideas, they risk excessive electoral punishment. If, however, the thinking of both politicians and the population as a whole evolves towards a more serious way of thinking about environmental management, there is a much greater chance that the push will be sustained and effective.

[1] Scruton, Roger. “Conservatism.” in Dobson, Andrew and Robyn Eckersley. “Political Theory and the Ecological Challenge.” Cambridge: Cambridge University Press. 2006.

Fish presentation tonight

My fisheries presentation in Wadham is in a few hours. For those who are not going, but who are interested in EU fisheries policy in West Africa, you can have a look at the following:

My PowerPoint slides (1.8mb)
My speaking notes (79kb)
The page on my wiki relating to this (includes PDF versions of the above).

Wish me luck.

[Update: 10:00pm] The talk went well, but was quite poorly attended. The ratio of hours I spent preparing to aggregate hours the audience spent listening (number of listeners * length of talk) was no better than 1:1. Perhaps, if I had called it: “A Second Spanish Armada: Neo-Colonialist Pillage in West Africa,” more people would have attended.

That said, having two people I knew in the audience – my friend Bilyana and my college advisor Robert Shilliam – made it seem more worthwhile. Also, it is always good to have a change to practice public speaking. I am getting better, but I still find that I get entirely lost within the act of speaking and lose a good sense of how I look from the outside.

All academic issues aside, the warden has some nice cheese.

Taxes and card games

Tristan and I had an interesting discussion earlier about tax law. I present the following possibility: tax law is like a complex card game being played by taxpayers and the government. There are thousands of rules, and everyone is playing as best they can, given their level of knowledge and ability. As such, anything that does not contradict the rules of the game (whether clever uses of trusts, putting property in a family member’s name, etc) is not ‘cheating’ in a moral sense. This derives from a shared understanding of the nature of the game: specifically, a common view of tax law as a purely black letter, rule-based phenomenon.

In this view, if people in Queensland realize they can get tax breaks by registering their mortgages in the names of infant children, it is akin to developing a clever new defence in chess. Lawmakers and tax collectors, also players in the game, then get to respond.

The obvious critique is to say that there is a spirit or intention behind the law, which there may well be. That said, if lawmakers understand the tax game in the same way as taxpayers, their intention must be interpreted through that viewpoint.

What do others think?

Contemplating thesis structure

I have been thinking about thesis structure lately. The one with the most appeal right now is as follows. This is, naturally, a draft and subject to extensive revision.

Expertise and Legitimacy: the Role of Science in Global Environmental Policy-Making

  1. Introduction
  2. Stockholm and Kyoto: Case Studies
  3. Practical consequences of science based policy-making
  4. Theoretical and moral consequences
  5. Conclusions

Introduction

The introduction would lay out why the question is important, as well as establishing the methodological and theoretical foundations of the work. The issue will be described as a triple dialogue with one portion internal to the scientific community, one existing as a dynamic between politicians and scientists, and one as the perspective on such fused institutions held by those under their influence. All three will be identified as interesting, but the scope of the thesis will be limited to the discussion of the first two – with the third bracketed for later analysis. The purpose of highlighting the connections between technical decision-making and choices with moral and political consequences will be highlighted.

Chapter One

In laying out the two case studies, I will initially provide some general background on each. I will then establish why the contrast between the two is methodologically useful. In essence, I see Stockholm as a fairly clear reflection of the idealized path from scientific knowledge to policy; Kyoto, on the other hand, highlights all the complexities of politics, morality, and distributive justice. The chapter will then discuss specific lessons that can be extracted from each case, insofar as the role of science in global environmental policy-making is concerned.

The Terry Fenge book is the best source on Stockholm, though others will obviously need to be cited. There is no lack of information on Kyoto. It is important to filter it well, and not get lost in the details.

Chapter Two

The second chapter will generalize from the two case studies to an examination of trends towards greater authority being granted to experts. It will take in discussion of the secondary literature, focusing on quantifiable trends such as the increased numbers of scientists and related technical experts working for international organizations, as well as within the foreign affairs branches of governments.

The practical implications of science in policy making have much to do with mechanisms for reaching consensus (or not) and then acting on it (or not). Practical differences in the reasoning styles and forms of truth seeking used by scientists and politicians will be discussed here.

Analysis of some relevant theses, both from Oxford (esp. Zukowska) and from British Columbia (esp. Johnson), will be split between this and the next chapter.

Chapter Three

Probably the most interesting chapter, the third is meant to address issues including the nature of science, its theoretical position vis a vis politics, and the dynamics of classifying decisions as technical (see this post). This chapter will include discussion of the Robinson Cruesoe analogy that Tristan raised in an earlier comment, as well as Allen Schmid’s article. Dobson’s book is also likely to prove useful here.

Conclusions

I haven’t decided on what these are to be yet. Hopefully, some measure of inspiration will strike me during the course of reading and thinking in upcoming months. Ideally, I would like to come up with a few useful conceptual tools for understanding the relationships central to this thesis. Even better, but unlikely, would be a more comprehensive framework of understanding, to arise on the basis of original thought and the extension of the ideas of others.

In laying all of this out, my aim is twofold. I want to decide what to include, and I want to sort out the order in which that can be done most logically and usefully. Comments on both, or on any other aspect of the project, are most welcome.

Midterms and the importance of the Senate

Pond in the University Parks

Talking with friends about the upcoming American midterm elections, there seems to be some confusion about the relative impacts of different outcomes. While I am not an expert on American politics, by any means, the following seems to be the gist:

1. Losing the Senate would be a really big deal. The United States Senate is probably the most powerful legislative body in the world. While the power of the President has increased enormously in the 20th century, the Senate still retains critical powers. Article One of the US Constitution requires Senatorial advice and consent before the United States can enter into foreign treaties, and before the President can make important appointments. A President with a hostile Senate has a seriously constrained field of action.

2. As I understand it, the House of Representatives is much less important, when it comes to the overall ability of the executive branch to govern.

3. The Democrats face an uphill battle to gain control of the Senate. Rick Santorum seems likely to lose his seat in Pennsylvania (as Savage Love readers will no doubt cheer). One seat each in Montana and Ohio are leaning towards Democratic challengers. One each in Missouri, Rhode Island, Tennessee, and Virginia could possibly change hands. Finally, the Democrats are defending a vulnerable seat in New Jersey. In order to gain a 50% +1 majority, the Democrats need to swing six seats.

4. Basically, whichever party has the majority in the Senate gets to chair all the committees. This lets them pass along legislation they favour, while forever entrapping legislation they oppose. Many argue that the American Congress (both the House and the Senate) is meant to operate on the basis of consensus. If so, that noble ideal is long lost in contemporary American politics. Controlling committee chairmanships is thus really important.

Those who know more than I do are strongly encouraged to comment. I would love to understand it better myself. With the elections just over two weeks away, and with the composition of the American government rather important for the immediate future of the world, it would be good to have increased understanding.

An environmental strike against Canada’s Tories

As Tristan discussed earlier, the National Post has been producing some dubious commentary on the ironically titled Clean Air Act being tabled by the current Conservative government in Canada. The paper says, in part:

Worryingly for the government, the impression has already taken hold that the Conservatives are not serious on the environment, and when [Environment Minister Rona] Ambrose says the Clean Air Act represents a “very ambitious agenda,” people smirk.

The smirking they describe is well deserved. The fact that every other party in government sees the real effect the so-called ‘Clean Air Act’ would have is not evidence of superficial thinking – as the Post asserts. The government that decided to simply walk away from Canada’s commitment to Kyoto is carrying on in past form.

Perhaps the biggest problem with the act is the way in which it confounds issues that are quite distinct. When it comes to the effect of human industry on the atmosphere, there are at least three very broad categories in which problematic emissions fit:

  1. Toxins of some variety, whether in terms of their affect on animals or plants (this includes dioxins, PCBs, and smog)
  2. Chemicals with an ozone depleting effect (especially CFCs)
  3. Greenhouse gasses (especially CO2, but with important others)

In particular, by treating the first and third similarly, the government risks generating policy that does not deal with either well. The Globe and Mail, Canada’s more liberal national newspaper, argues that this approach may be intended to stymie action towards reduced emissions, by introducing new arguments about far less environmentally important issues than CO2.

It is possible to develop good environmental policies that are entirely in keeping with conservative political ideals. Market mechanisms have enormous promise as a means of encouraging individuals to constrain their behaviour such that it does not harm the welfare of the group. While market systems established so far, like the Emissions Trading Scheme in the EU, have failed to do much good, there is nothing to prevent a far-thinking conservative government from crafting a set of policies that will address the increasingly well understood problem of climate change, without abandoning their political integrity or alienating their base of support. To do so, in the case of the Harper Tories specifically, might help to convince Canadian voters that they really are the majority-deserving moderates they have been trying to portray themselves as being since they were handed their half-mandate by those disgusted by Liberal sleaze.