Monday, November 10, 2014

What's the point of elections if everything is already decided? - Part 2

Game Theory with Three Players

Recall from last week that the political and electoral processes in America may be understood fairly well in terms of game theory with the following three players: 1) the Electorate (E); 2) the Democratic Party (D); and 3) the Republican Party (R).  In this case, each player can choose to either cooperate with, or compete against, one or both of the other two players. 
 
Recall also that in a game with three players, there are three different ways to play “Two against One.”  1) E + D against R; 2) E + R against D; and 3) D + R against E.
 
Finally, recall that “Two against One” can be played at the National Level, the State Level, or any level!

Examples of the first two types of “Two against One” behavior [E + D against R, and E + R against D] are familiar to everyone, especially at the National Level.  In recent history they have occurred spectacularly in mid-term elections in the sixth year of two-term American presidents. 
E + D against R - on the National Level

In the midterm elections on November 7, 2006, the sixth year of George W. Bush’s tenure as president, the Electorate sided powerfully with the Democrats at the expense of the Republicans.  On the day before the election, the Republicans held majorities in both the House and Senate.  By the day after the election, the Electorate had granted Democrats control of both the House and the Senate.

E + R against D - on the National Level

In the midterm elections of November 4, 2014, the sixth year of Barrack H. Obama’s tenure as president, the Electorate sided powerfully with the Republicans at the expense of the Democrats.  On the day before the election, the Democrats held a majority in the Senate while the Republicans held the House.  By the day after the election, the Electorate had granted Republicans control of both chambers.

D + R against E - on the National Level

Example 1- The Senate Makes Its Own Rules

Article 1, Section 5 of the U.S. Constitutions provides in part as follows: “Each House may determine the Rules of its Proceedings, punish its Members for disorderly Behaviour, and, with the Concurrence of two thirds, expel a Member.”
 
This provision empowered the Senate to institute all of its rules, including its “supermajority” rule for overcoming filibusters.  Under that rule until recently, stopping debate and allowing a vote on nominations to proceed to an up or down vote required the agreement of 60—not 51—of 100 senators.  On November 21, 2013, the U.S. Senate exercised a limited “nuclear option” that did away with the 60-vote majority needed to cut off debate—but only for federal judicial nominees and executive-office appointments.   The rule change does not apply to Supreme Court nominations or to legislation.
 
Question:  Which of the three players cited above benefit from the Senate “supermajority” rule?

Answer:  The primary beneficiaries of the Senate “supermajority” rule are the Senators themselves—from both parties.  The rule is a minor inconvenience to the Senators whose party controls the Senate, because it slows down their ability to do things as quickly as they might like; but at the same time, it is a welcome convenience to the Senators whose party is in the minority, because it allows them to retain some power and relevance despite being in the minority.  Since senators tend to remain in office for long periods and can expect to occasionally be in the minority, the “supermajority” rule seems to benefit members of both political parties while not providing much benefit to the voters who elected them.

Example 2 - How Congress Puts Itself Above the Law

The history of Congress exempting itself from the laws it imposes on everyone else¹ is a sordid one.  And the secrecy with which our elected officials conduct themselves before their self-exemptions become an embarrassing media matter is often revealed by that very same media attention.
 
But the devious behavior of Congress after its self-exemptions receive intense media attention reveals the degree of duplicity of which large groups of elected officials are capable when apparently “caught” and going through the motions of “taking action” to remedy the sins of their earlier self-exemptions.
 
It is a fact that Congress exempted itself from the provisions of Title VII of the 1964 Civil Rights Act which made employment discrimination on the basis of race, color, religion, sex or national origin illegal.  As a result, Congressional employees could be discriminated against or sexually harassed with legal impunity!
 
The Civil Rights Act of 1991 set out to reform the original 1964 Civil Rights Act, but by the time of its final passage, the original 1964 exemption for Congress remained in place.  Instead, Congress enacted a self-policing system in which it would investigate its own transgressions!  That preposterous arrangement remained in place until the passage of the Congressional Accountability Act in 1995, which finally made Congress subject to all workplace laws and regulations.
 
Example 3: How Congress Quietly Overhauled Its Insider-Trading Law

Insider trading—buying or selling stocks based on insider information not available to the general public—has been illegal in America since the 1930s, but members of Congress were exempt from that law until President Obama signed the Stop Trading on Congressional Knowledge (STOCK) Act.  This law banned insider trading by lawmakers and their staffs.  However, prior to enactment of this law, insider trading by lawmakers and their staffs was perfectly legal, was engaged in for many years, and accounts perhaps for the large number of elected officials who have become millionaires² in Washington, D.C.

The Stock Act was signed into law with great public fanfare on April 4, 2012. But one year later on April 15, 2013, according to National Public Radio,³ “Congress moved to undo large parts” of the Stock Act.
And confirming the near-total secrecy surrounding this undoing of the Stock Act, “…when the president signed a bill reversing big pieces of the law, the emailed announcement was one sentence long.  There was no fanfare last week either, when the Senate and then the House passed the bill in largely empty chambers using a fast-track procedure known as unanimous consent.”

Note that the Democrat controlled Senate, Republican held House, and Democratic President all worked together to reverse large parts of the Stock Act, mostly in secret, and to the detriment of the Electorate.  
To be continued.     

¹
  
² http://ballotpedia.org/Changes_in_Net_Worth_of_U.S._Senators_and_Representatives_(Personal_Gain_Index)
³ http://www.npr.org/blogs/itsallpolitics/2013/04/16/177496734/how-congress-quietly-overhauled-its-insider-trading-law.

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