What good is a militia anyway?

The reason that a well-regulated militia appealed to the founding fathers was that they hoped it would eliminate the need for a standing army.

If you had the whole body of young adult men armed and trained, it was hoped you could raise an army very quickly in case of need. If that were true, Congress could insist that the standing army be run down to just a cadre of specialists and officers. Then, in the event that you needed an army—because you were invaded, or needed to invade someone else—you could mobilize (i.e. draft) the militia to fill the ranks with soldiers.

The founders knew perfectly well that a government with a standing army could not be resisted by the people, even if the people were armed. A standing army was always going to be more disciplined, more highly trained, and better equipped than a militia could possibly be.

So, the purpose of the militia was to eliminate the need for a standing army. If you could make a militia work that way—quickly go from a bare cadre to a fully mobilized army simply by calling up the militia—then you’d be in a position where Congress could insist that the the army in fact be a bare cadre, meaning that neither presidents nor generals could use the army until Congress actually raised one.

It’s an appealing idea, particularly to someone like me who is very doubtful about trusting presidents or generals. Sadly, the evidence is pretty good that it doesn’t work.

This was clear even before the sorts of modern, high-tech weapons and other equipment that take extensive training to learn how to use, and then nearly constant on-going training to preserve the capability.  It took five years to go from a 16,000-man army to a 1,000,000-man army during the civil war. The ramp up for WW I was quicker but also smaller—manpower grew by 16 times in two years rather than 62 times in five years, but that was from a much larger base—basically, a smallish standing army, not merely a cadre waiting to be filled out.

The experience of the U.S., at least as far back as the civil war, is that fielding an army by mobilizing a militia simply can’t happen fast enough to respond to an enemy with a standing army. (The experiences of Switzerland mobilizing to resist a possible Nazi invasion and Finland mobilizing against the Soviet Union at around the same time are interesting, but do not I think make the contrary case.)

Given all that, I’d have to say that a militia is pretty much obsolete, and has been for a couple of centuries at least.

Voting is a constitutional right

The right to vote is a constitutional right. It should not be abridged. In this way it is like all constitutional rights.

There is one important difference between the right to vote and most other constitutional rights. Most constitutional rights apply to “the people,” while the right to vote is a right of citizens. Because of that difference, it makes sense to verify that people registering to vote are citizens. But waiting until someone is at the poll and then demanding that they prove they’re a citizen is backwards.

It is, to use another constitutional right as an example, backwards exactly the same way it would be backwards to take your property for public use, and then make you run all over town for documentation to prove that you own it before you can get it back. Instead, we have a property registry to keep track of who has ownership rights, and then a process called eminent domain whereby the government has the opportunity to present to a court evidence that there is a public need for your property according to well-established rules, and to establish fair compensation. You have the opportunity to dispute that evidence, and to argue for a different interpretation of the rules or for higher compensation.

I would suggest that as being the right model for voting rights as well: We should have a voter registry to keep track of who has the right to vote, and then a court process whereby the government has the opportunity to prove that someone on that list does not have the right to vote according to well-established rules (not a citizen, not over 18, not residing in the precinct, dead). You should have the right to appear at the hearing and dispute both the evidence and the interpretation of the rules.

Nobody should ever be struck off the voter rolls without such a hearing—to my mind it would be just as unconstitutional as taking your property without a hearing.

If that is the standard—as it should be—then there is no need to present an identity document at the polling place. All you need to do is prove that you are the person who registered, which is easily done by comparing your signature when you request a ballot to your signature when you registered to vote.

In any case: The right to vote is a fundamental right of the citizen. Denying it without due process is wrong, and there should be substantial sanctions on anyone who does so (or attempts to do so).

Progressive policies with conservative rhetoric?

I wonder whether it would be possible to advance a progressive policy agenda that was cloaked in conservative rhetoric.

For example, it is currently legal for police to use unlimited force to produce compliance with their orders, even illegal orders. Essentially, you are forced to stop going about your business, comply with whatever the police tell you to do, allow them to search you and whatever you’re carrying, tolerate an indefinite delay, even let them take you to the police station if they chose, all without offering any sort of resistance.

Any questioning of their actions or inquiry into its lawful basis can be interpreted as “resistance,” and any degree of resistance, no matter how minimal, is considered legal justification for the police to beat you up, taser you, pepper-spray you, or even shoot and kill you—and they will suffer no consequence beyond (perhaps) a brief period of paid leave.

People of color have borne the brunt of these sorts of police actions for a long time. With the advent of ubiquitous cameras we have now seen many people of color murdered while offering up either no resistance at all, or such minimal resistance that it should shock the conscience to see lethal force used. We have also seen many white people granted great deference by police under circumstances where a black person would have been killed.

This is the circumstance that led to the “black lives matter” slogan.

Many people—especially, I suspect, many Trump voters—object to this slogan, preferring to suggest that “all lives matter.”

Many liberals and leftists look to a willingness to say “black lives matter” as a marker that you’re on the right side of this issue.

My question is, could a political candidate who was on the right side of this issue (and many other issues, such as using the threat of jail to balance town budgets on the backs of indigent people) couch his objections in terms that would not offend Trump voters, while still pushing for good policies? And would such a politician be able to get support from both sides of the political divide?

For example, I’d like to see a policy that said that resistance to an unlawful order from a police officer was legal and that any force used by the officer to produce compliance was an illegal assault—the officer should be prosecuted. I’d like to see a policy that any monies extracted from an indigent person under threat of jail be considered the proceeds of an illegal extortion scheme—everyone involved in the extortion should be prosecuted, the money returned, and the original fine forgiven.

If a politician were to propose such ideas, but describe them with terms like “all lives matter,” or “protecting liberty and private property rights,” could such a politician draw support from both sides?

I’m doubtful. But I’d like to see it.

Rodney Davis questionnaire response

Congressman Rodney Davis has a questionnaire asking for constituent input on questions of the day.

I filled it out some weeks ago (in mid-December) and found some of the questions to be . . . . Well, here. This is what I sent to his office after I posted my questionnaire response:

Several of the questions on your recent survey were hard to answer, because an accurate answer might be taken as supporting a position that is the opposite from what I intend. These two in particular:

“Do you believe we need to shore up Medicare so it’s available to future generations?”

Of course I support preserving Medicare. However, I would  oppose any changes in the basic design of how Medicare makes healthcare available to seniors. In particular, I would strongly oppose turning it into some kind of voucher program.

My understanding is that, together with the cost savings provided by Obamacare, Medicare is very close to being fully funded. It seems quite possible that no changes are needed going forward. Depending on the details of health care costs and payrolls in the future, it may be that some additional funding will be required, but that is the question for the future.

“Do you believe Congress must provide proper oversight of the VA to ensure our veterans are receiving the care they deserve?”

Again, providing oversight is exactly what Congress should do. However, I would oppose giving the VA additional mandates—either in terms of the care they are to provide, or in terms of the reporting they are required to provide—unless those mandates are fully funded.

I have no sense that the VA is doing anything other than providing the best care they can with the resources provided. Congress’s deeper obligation, beyond oversight, is to provide the resources necessary to care for our veterans.

I expect to go on pestering Congressman Rodney Davis on a near-monthly basis for the next two years.

Rodney Davis: Please take a stand against Trump’s immigration order

I just sent the following to my representative in Congress via the web form on his page at the House website:

Based on media reports and what I can find on your website and twitter feed, it appears that you have not yet taken a stand against Trump’s illegal and unconstitutional executive order blocking entry by nationals from certain countries.

Can I count on you to do so in short order?

I didn’t mention in my note, but wanted to mention here, that Davis’s words for his constituents after the recent election invoked Lincoln’s phrase “With malice toward none, with charity for all,” so I’m a little concerned that he may be putting a dangerous strain on our nation’s limited supply of irony.

I also refrained from once again pointing out that the Republicans in Congress are straight-up cowards, afraid of widows and orphans.

These lies make it easy to find our allies

What’s up with the very peculiar behavior of our new president and his bizarre insistence on telling lies that are easily detected as lies?

I’ve seen several suggestions about what might be going on. Two worth mentioning are Trump’s Constant Lying Is a Power Game and Hannah Arendt Explains How Propaganda Uses Lies to Erode All Truth. Both make the point that the purpose of the lie is not to fool anybody. Rather, it’s an expression of power.

Compelling people who know better to repeat your lies in their own words dramatically displays your complete control over them. Yes, there was a certain schadenfreude to seeing Christie and Rubio parroting Trump’s lies when they were angling for the VP slot or a cabinet post, but there are additional dangers in rendering even powerful people powerless—it means even more power is captured by the person at the top.

All of which is a bit tangential to my point, which is to recognize one good thing about this. Sad and disturbing as the situation is, these lies make it easy to find our allies: The news organizations that identify the lies and present them as such are on the side of right and truth.

Other strategies exist for identifying our allies, but most of them have turned out to be vulnerable to being co-opted by the bad guys.

This one is different.

Yes, an organization under the sway of the bad guys could attempt to do the same thing only backwards—call out the truth as a lie—but that’s pretty easy to spot. No one would be fooled for long.

They could, I suppose, call out actual lies as lies, and then (having built up some credibility) try to slip in an occasional falsehood as the truth, but that’s not going to be a successful strategy for the long term, unless maybe there’s a single issue that you really want to fool people about.

No, the strategy of calling out lies as lies will turn out to be uniquely available to the good guys, which means that we’ll be able to know which news organizations (and other organizations) are on the side of right and truth.

Sure, there’ll be a bit of extra work on our part—identifying the lies and documenting them, taking the time to pick a random few stories and digging into the data to see if the story is true (and the supposed lie an actual lie).

It’s important not to see that as pointless or hopeless work. It’s not like emptying the sea with a teaspoon, even if it may seem like that (because the supply of lies is vast and renewable). Think of it rather as collecting a bit of seawater for the purpose of making some artisan sea salt: The point is not to empty the sea, but to gather a bit of seasoning to use in the service of a larger project.

The larger project is what’s important, not emptying the sea. And there’s the bonus benefit that doing the work marks you as one of the good guys, and that’s something that’s good for all of us to know.

The Federal Reserve and the “gig” economy

The “gig” economy: all the sorts of work arrangements where you’re not a permanent employee and can’t expect that work one day implies that you’ll have work the next day—freelancing, contracting, temp work, casual labor, and most recently, software-mediated contract work like Uber driver.

These sorts of work have been growing as a fraction of all work. In fact, according to the Bureau of Labor Statistics, in the last ten years contingent workers have gone from being 10% of the workforce to being 16%. In fact,

all of the net growth in aggregate employment in the decade leading up to 2015 can be accounted for by contingent work arrangements, which means there has been no net employment growth in traditional work arrangements.

Source: FRB: Brainard, The “Gig” Economy: Implications of the Growth of Contingent Work

This matters to everyone with an interest in the U.S. economy, but it matters particularly to the Federal Reserve, which is charged by Congress to:

promote effectively the goals of maximum employment, stable prices and moderate long-term interest rates.

Source: The Federal Reserve’s Dual Mandate

So this raises the question: Does strong growth in the number of freelancers, on-call temps, and Uber drivers mean that we’re getting closer to maximum employment? Or, that we’re getting further away?

Second passports for expensive

This sort of thing was a fantasy of mine, back in the 1980s. I could see things getting worse in the US, and the idea that a foreign passport and foreign residency could provide an escape if things got too bad was pretty appealing.

Nowadays not so much. It’s not that things have gotten better in the US; it’s that things have gotten worse other places at least as quickly. More to the point, things getting worse in the US seems to make things worse other places, so the conditions that make the idea appealing are the same conditions that make it pointless.

One book that substantially influenced my thinking in this area is Emergency: This book will save your life by Neil Strauss. I recommend it highly. In entertaining and informative prose, he documents his transformation from just the sort of kook I was in the 1980s into somebody with a much more practical perspective.

Still, an EU passport might have its upsides. Anybody got a spare quarter million euros and an interest in learning Greek? (If money is no object, a half million euros will let you buy in to Ireland, and I expect learning Gaelic is optional.)

Graphic from Citizenship for Sale on the International Monetary Fund’s IMFDirect blog.