Tag Archives: Republican Party (United States)

The Ethics of Trump Denial

speaking at CPAC in Washington D.C. on Februar...

Brian Ballsun-Stanton suggested that I address the question of whether or not it would be legitimate to deny Trump the nomination and to do so in the context of the article by Conor Friedersdorf of the Atlantic. In the course of raising question, Friedersdorf presented three stock positions and I will consider each in turn.

The first option is grounded in a basic principle of democracy, majority rule. Since Trump won the majority of the votes, he has earned the nomination. John Locke laid out the justification for this, which is quite reasonable: in a democracy, majority rule needs to be accepted to avoid destroying society. If the numerical minority refuses to accept the decision of the numerical majority, then the social system would be torn to pieces and, as Locke claimed, social systems are not formed to be torn asunder.

One obvious counter to this view is to point out that while Trump won the majority of the votes and delegates, only a small percentage of Republicans actually voted in the primaries. As such, Trump is not really the choice of the majority of the Republicans and denying him the nomination would be acceptable.

While this counter has some appeal, the easy reply is that voting is like running a race: it does not matter who might win based on who might show up; winning is a matter of who actually shows up. As such, since Trump won the majority, he is entitled to the nomination.

Accepting majority rule does leave open the possibility of Trump not getting the nomination—provided that the process is taken to include the voting of the delegates at the convention. This leads to the second option, that of the delegates voting the conscience and possibly against Trump.

Broadly speaking, there are two ways to look at the obligation of convention delegates. One is that they are obligated to vote based on who won them as delegates (at least on the first vote). The foundation for this obligation is the acceptance of the rules of the process—that is, the participants agreed with the rules and are now bound by them because of their agreement. To use a sports analogy, if one team is winning under the rules of the game and the results are not pleasing to the other team, then this hardly gives then the right to start changing the rules that everyone accepted. However, there are many cautionary tales of simply following the rules just because they are rules—there remains the question of whether the rules are good or not.

The other view of the obligation is that the delegates are not automatons—each, as Henry David Thoreau would say, has a conscience. As Jiminy Cricket said, they should let their conscience be their guide. On the positive side, a person’s conscience can play a critical rule in distinguishing good rules from bad. On the negative side, a person’s conscience can be in error. While there is often the assumption that the conscience is a reliable indicator of right and wrong, a person can have a bad conscience. This leads to a serious problem: if one uses his conscience to judge the rightness of rules, then what does the person use to assess the correctness of his conscience? One possible answer to this is the utilitarian/consequentialist approach—weighing the likely costs and benefits of an action to determine whether it is right or wrong.

In the case of Trump, one utilitarian calculation involves weighing harms and benefits of denying Trump the nomination he has earned in accord with the established rules. This would mostly be a calculation within the confines of the Republican party rather than in terms of the entire country. My inclination is that denying Trump the nomination would have profoundly negative consequences for the Republican party as an institution. As many others have noted, denying Trump the nomination would be rightly perceived as breaking the rules and a betrayal of the voters. This, of course, could be seen as a benefit for those who are opposed to this party.

A second utilitarian calculation involves weighing the harms and benefits of denying Trump the nomination in the context of the entire country (or perhaps even the world). Trump has no experience in political office, seems to lack interest in the complexities of political positions, has little concern about truth, and there are grave concerns about his ethics. As such, a solid case could be made on utilitarian grounds for denying him the nomination—assuming that his replacement would be better for the country. Hillary Clinton must also be considered in these calculations—would it be better or worse for the country if she ran against Trump rather than someone else? As I see it, Trump would be worse than Hillary Clinton; but there are presumably Republicans that would be better than her. If so, a utilitarian approach would seem to point towards the delegates nominating a candidate that is better than Trump and Hillary and who could beat Hillary. At this point, it seems unlikely that such a candidate could be found—then again, there are still months to go before the election.

In closing, my position is that Trump won the nomination and is thus morally entitled to it; that is the way the process works and it would be unjust to betray the voters and Trump. However, I think that people should not vote for Trump in the general election.


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English: NRA (National Recovery Administration...

Put a bit simply, a silencer is a device attached to a gun for the purpose of suppressing the sound it makes. This is usually done to avoid drawing attention to the shooter. This makes an excellent analogy for what happens to proposals for gun regulation: the sound is quickly suppressed so as to ensure that attention moves on to something new.

Part of this suppression is deliberate. After each mass shooting, the NRA and other similar groups step up pressure on the politicians they influence to ensure that new regulations are delayed, defeated or defanged. While it is tempting to cast the NRA as a nefarious player that subverts democracy, the truth seems to be that the NRA has mastered the democratic process: it organizes and guides very motivated citizens to give money (which is used to lobby politicians) and to contact their representatives in the government. This has proven vastly more effective than protests, sit-ins and drum circles. While it is true that the NRA represents but a fraction of the population, politics is rather like any sport: you have to participate to win. While most citizens do not even bother to vote, NRA member turnout is apparently quite good—thus they gain influence by voting. This is, of course, democracy. Naturally, another tale could be told of the NRA and its power and influence. A tale that presents the NRA and its members as subverting the will of the majority.

Certain pundits and politicians also engage in suppression. One standard tactic is, after a shooting, to claim that it is “too soon” to engage in discussion and lawmaking. Rather, the appropriate response involves moments of silence and prayer. While it is appropriate to pay respects to the wounded and dead, there is a difference between doing this and trying to run out the clock with this delaying tactic. Those that use it know quite well that if the discussion can be delayed, interest will fade and along with it the chances of any action being taken.

It is, in fact, appropriate to take action as soon as possible. To use the obvious analogy, if a fire is ravaging through a neighborhood, then the time to put out that fire is now. This way there will be less need of moments of silence and prayers for victims.

Another stock tactic is to accuse those proposing gun regulation of playing politics and exploiting the tragedy for political points or to advance an agenda. This approach can have some moral merit—if a person is engaged in a Machiavellian exploitation of some awful event (be it a mass shooting, a terrorist attack or a wave of food poisoning) without any real concern for the suffering of others, then that person would be morally awful. That said, the person could still be acting rightly, albeit for all the wrong reasons. This would be in terms of the consequences, which could be quite good despite the problematic motivations. For example, if a politician cynically exploited the harm inflicted by lead contaminated water in order to gain national attention, then that person would hardly be a good person. However, if this resulted in changes that significantly reduced lead poisoning in the United States, then consequences would certainly seem good and desirable.

It is also worth considering that using an awful event to motivate change for the better could result from laudable motives and a recognition of how human psychology generally works. To use an analogy, a person who loves someone who just suffered from a lifestyle inflicted heart attack could use that event to get the person to change her lifestyle and do so for commendable reasons. After all, people are most likely to do something when an awful event is fresh in their minds; hence this is actually the ideal time to address a problem—which leads to the final part of the discussion.

Although active suppression can be an effective tactic, it often relies on the fact that interest in a matter fades as time passes—this is why those opposed to new gun regulation use delaying tactics. They know that public attention will shift and fade.

On the one hand, the human tendency to lose interest can be regarded as a bad thing. As Merlin said in Excalibur, “for it is the doom of men that they forget.” In the case of mass shootings and gun violence, people quickly forget an incident—at least until another incident reminds them. This allows a problem to persist and is why action needs to be taken as soon as possible.

On the other hand, our forgetting is often our salvation. If the memory of fear and pain did not fade over time, they would be as wounds that did not heal. Just as a person would bleed to death physically from wounds that never healed, a person would bleed out emotionally if memory did not fade.

To use another analogy, if the mind is like a ship and memory is like a cargo, just as a ship that could never lighten its load would plunge to the ocean floor, a person that could never lighten her emotional load would be dragged into the great abyss of emotions and thus be ruined. Thus, forgetting is both our doom and our salvation. Of course, we would have far less need to forget if we remembered what we need to fix. And fixed it.


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Trump, Endorsements & Racism

It has become something of a truism that everyone is a little bit racist. If this is true, then a meaningful accusation of racism requires showing that a person has crossed a threshold in regards to her racism. As might be suspected, there is no precise line—to require one to exist would be to fall into the line drawing fallacy. It suffices that clear cases of racism can be recognized and that less-clear cases can be rationally debated.

While Trump has not donned a white hood or burned crosses, it has been claimed that he has a track record of racism. During his run to be the Republican nominee, he routinely said things that certainly appear racist and that would have been career ending for almost any other American politician. In June, 2016 Trump accused Judge Gonzalo Curiel of being biased against him because of Curiel’s Mexican ancestry. While this sort of attack is a standard Trump maneuver, the Republican establishment believes they need the Hispanic vote and they are aware that attacking Hispanics for being Hispanic is not a winning strategy. As such, it is not surprising that Paul Ryan criticized Trump, saying that his remark was “the textbook definition of a racist comment.” Other Republican leaders also condemned the remark. Such overt racism is certainly not approved by the Republican establishment.

While Ryan and others have condemned Trump’s remark, they have also endorsed him for President. Other Republicans have refused to do so and some have even embraced a “never Trump” view. While the opposition to Trump seems quite rational, those who condemn him while still endorsing him present a more interesting situation that is worth some consideration.

On the face of it, two sensible explanations for the simultaneous condemnation and endorsement would be pragmatic politics and party loyalty. Trump is the anointed Republican Presidential candidate and backing him would seem to both the practical choice and the choice of a party loyalist. Condemning him would be a way of maintaining some moral distance; thus this would be a case of wanting to praise the cake and condemn it, too. This can be a risky strategy: if Trump wins, he will certainly remember the condemnations. If Trump loses in a spectacular sinking of his political ship, the endorsements could serve as tethers dragging others down along with the wreck.

Those more cynical than I might venture that those who endorse Trump while disavowing his racist remarks are condemning not his racism, but his overt and clumsy racism. This is a rejection of style and not content. But, suppose that the condemnation is actually of the racism. This would seem to raise a moral concern for those that are endorsing Trump.

If Paul Ryan and others have disavowed Trump because they regard racism as wrong, they face the challenge of morally justifying endorsing someone who engages in immoral behavior. One way this could be done is by arguing that Trump’s relentless racist remarks are a minor flaw relative to his other virtues, thus he can be endorsed in good conscience. Given the revelations about Trump University (which have resulted in an upcoming trial with Curiel as the judge) and other facts about Trump, this seems like a problematic answer.

Another way this could be done is to argue that although Trump is to be morally condemned, he is still morally superior to Hillary. That is, Trump is the lesser of two evils and endorsing him increases the odds that the lesser evil will win. I am not sure how Trump would feel about being cast as a lesser evil—presumably he would want to be the greatest evil. This view would require establishing that Hillary Clinton is morally worse than Trump—something that could certainly be argued.

A third way is to argue that the terrible consequences of electing Hillary (whether she is morally better or worse than Trump) justify backing Trump. That is, backing him would result in a lesser evil in regards to consequences. This is different from voting for someone who is lesser in evil, although the two can obviously be connected. The greater a person’s evil, the greater evil they are likely to try to bring about. But, a person who is less evil might bring about worse consequences than someone who is a worse person.

A final way is to contend that the moral obligation of party loyalty requires a Republican leader to endorse the nominee, even if the nominee engages in behavior that must be condemned on moral grounds. To use the obvious analogy, this is similar to how the obligations of family can require standing up for a morally problematic relative.


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Trump Rhetoric: naming Insulting & Mocking

Listening to one of Trump’s speeches, I tried to remember when I had heard this style of rhetoric before. While negative rhetoric is a stock part of modern American politics, he had created a brand that stands out in its negative magnificence. My first thought was it reminded me a great deal of the incoherent hate spewing I recall from gaming on Xbox Live. Then I realized it matched much earlier memories, that of the bullying and name calling of junior high school and earlier. I realized then that Trump’s main rhetorical style was a more polished version of that deployed by angry children.

One tactic that most people should recall from their youth is that of name calling. Kids would call each other things like “Stinky Susan” or “Fat Fred” in order to mock and insult each other. As people grew up, their name calling and mockery tended to become more sophisticated—at least in terms of the vocabulary.

Trump, however, seems to instinctively grasp the appeal of schoolyard level name calling, insults and mockery. He gives his foes (and almost everyone gets to be a foe of Trump) names such as “crooked Hillary”, “Lying Ted Cruz”, “Goofy Elizabeth”, and “Crazy Bernie.”

While name calling has no logical force (it proves nothing), it can have considerable rhetorical force. One obvious intended effect is to persuade the audience that the person given the insulting name is thus “bad” or “failed” as Trump loves to say. Perhaps the most important effect is how it impacts status: giving someone an insulting name is, at the core, a power play about relative status. The insulting name is intended to lower the targets status (from Senator Ted Cruz to “lying Ted) and thus raise the relative status of the attacker. Trump has used this with great effect against foes such as “low energy George Bush” and “Little lightweight Marco Rubio.” While these men were both professional politicians, they never seemed to hit on an effective counter to this attack. Trying to engage Trump in a battle of naming, insults and mockery is rather like trying to out squeeze a python—so it is no wonder this did not work. Trying to elevate the battle to the usual political style of negative rhetoric also proved ineffective—Trump’s schoolyard bullying seems to have won the hearts of many Americans who were not inclined to accept a change of rhetorical venue. Thus, it is hardly surprising that Trump swept aside his Republican foes like a bully swats aside the smaller and weaker children. Trump won the status battle by playing the schoolyard status game with his usual skill. His opponents were playing politics as usual, which was the wrong game to play with a population largely tired of that game.

From a logical standpoint, no one should be convinced by name calling. It has, obviously enough, no function as evidence or reasons for a claim. Calling Elizabeth Warren “goofy” does nothing to refute her claims. As such, the defense against being swayed by name calling is to be aware of this, to think “that is an insulting name…that proves nothing.”

If one is the target of an insulting or mocking name calling, then the defense is a bit more challenging. This is because what tends to matter is how other people are influenced by the name calling. While it is tempting to think about “sticks and stones”, Trump has established that name calling can hurt—at least in terms of a person’s status. Which means it hurts a lot. We are, after all, status obsessed monkeys in pants.

One way to reply is to respond with crude name calling, insults and mockery. From a logical standpoint, this proves nothing. From a practical standpoint, the main question is whether or not it will work. Part of the concern is whether or not one can engage and “beat” the name caller using this tactic. That is, whether one can out-insult the person and lower his status in the eyes of the other primates. Another part of the concern is whether or not this is the right tactic to use in terms of getting the desired result. A person might, for example, get in good shots at the name caller, yet end up losing in the long term. As might be imagined, people vary in their ability to name call as well as the impact name calling will have on how they are perceived. People expect Trump to be vulgar and insulting, so he loses nothing with this tactic. While people tend to think Hillary Clinton is corrupt, they also expect her to have a much higher degree of class and professionalism than Trump: playing his game would be a loss for her, even if she “won.”

Another way to reply is with more sophisticated name calling, insults and mockery. This, of course, is still logically empty—but can be combined with actual arguments. Hillary Clinton, for example, presented a speech aimed at mocking Trump. While she used the same basic tactic as Trump, trying to lower his status, her attacks were far more refined. To use an analogy, Trump is a barbarian hacking away with a great axe, while Hillary is fencing. The goal is the same (kill the other person) but one is crude and the other rather more elegant. The question is, of course, which will work. In the case of the rhetorical battle, the outcome is decided by the audience—do American voters prefer the axe of Trump or the rapier of Hillary? Or neither?

It is also possible to engage name calling with logic and counter with actual arguments. While this can work with some people, those who are subject to logic would tend to already reject such tactics and those who are not so amendable to logic will be unaffected. In fact, they would probably regard the use of such a method as confirming the bestowed name. Aristotle was among the first to point out the weakness of logic as a persuasive device and nothing has proven him wrong.

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The University that Wasn’t

While Hillary Clinton is mired in the tar pit of her email server scandal, Trump’s foes are hoping that Trump University will prove to be the quicksand that puts an end to him. While Trump named it “Trump University”, in 2005 the state of New York took action to make him change the name on the grounds that it was not, in fact, a university. A university has to meet certain standards and Trump’s operation did not meet these. This, however, is not the problem that Trump now faces.

As this is written, there is a class action lawsuit against Trump (who owned 93% of the “university”) that is based on an allegation of fraud against Trump. It has been claimed that the “university” was a scheme aimed at taking money from the elderly and the uneducated using carefully scripted high pressure sales tactics. The trial is scheduled in November, shortly after the presidential election. Because of this, president elect Trump might find himself in the courtroom after his victory. Assuming, of course, that he wins.

While I will not comment on the legal issues, the “university” seems to have been morally problematic. As noted above, calling it a university seems to have been deceptive, given that it was not a university. Naturally, Trump could be defended by arguing that he and everyone else involved were ignorant of the requirements for an institution being a university. While this would indicate poor planning, it would mitigate the charge of deception.

The practices laid out by the verified documentation show practices that are morally problematic. As noted above, the “university” seemed to have been targeted at the elderly and uneducated, people who would be regarded as easy targets for this sort of operation. Also as noted above, the sales tactics (though standard) seem morally dubious. There is also the fact that the customers seemed to have gotten little in return for their money and, in some cases, did not get what they were promised. One of the main focuses has been on the claim that Trump handpicked the instructors—a claim that was proven to be untrue. What adds an icing of awfulness to the whole wicked cake is that the “university” focused on how to cash in on the housing collapse. While making money off the suffering and misfortune of others is legal and often lauded in the United States, it should strike those with a conscience as reprehensible on its face.

Trump’s defenders can certainly address such moral condemnation. The easy any obvious avenue is to point out that it has yet to be shown that Trump did anything illegal. Targeting the vulnerable, using high pressure sales tactics, providing services of dubious value and training people to profit on the misfortune of others all seem to be legal. In fact, a case can be made that these are excellent things in regards to making a profit. Trump could even make the case that far from being a moral stain on his campaign, the way Trump University operated serves as proof that he knows how to get things done and that he has no qualms about doing what it takes to achieve his ends. Some might regard these traits as laudable in a president.

Trump has, as would be expected, responded to the explosion in the media. He has used the well-honed tactic of attacking the media, tapping into the well-established dislike and distrust crafted by Republicans and Fox News. While criticism of objectivity is a legitimate tactic, bashing the media is both a red herring (a rhetorical tool to distract attention from the issue) and a genetic fallacy (taking an alleged defect in the source of the claim as evidence the claim is not true). While the claims made about Trump by the professional media seem to be well and objectively documented, what matters politically is what impact this will have on the voters. Democrats are no doubt hoping for a “Trump U. Gate” to draw attention from Hillary’s server woes. However, Trump’s supporters might not care at all. This would be especially ironic, given that the allegation is one of fraud and his supporters tend to point to his authenticity as a major reason for their allegiance.

Trump has also gone after the U.S. District Judge who is presiding over the case. Trump has said that Judge Gonzalo Curiel is a “hater” and has said the Indiana native is Mexican. The hater remark is a mere ad hominem, which is a standard Trump tactic: to use personal attacks instead of providing actual reasons. Presumably Trump’s claim that he believes the judge is Mexican is also some sort of attack and perhaps a tactic to spin a narrative that he is being persecuted by the Mexicans for his courageous political incorrectness (or racism, as some see it).

This approach might play will with his supporters and he probably runs little risk in pushing people off the fence to the Democrat’s side. After all, if his remarks and behavior have not already pushed someone off the fence, these remarks should not be the rock that knocked the bird off the fence.

Trump has managed to thrive by behaving in ways that would have been political suicide for just about any other candidate, thus showing that the rules are different for him (at least for now). What remains to be seen is whether or not the revelations about Trump University will harm him politically. On the one hand, such allegations should damage his reputation as authentic and successful. On the other hand, while the details about Trump University are new to the public, it seems that they show nothing new about Trump himself. As such, it seems most likely that this will not hurt Trump much. That said, this might help Hillary a bit by getting the media, public and pundits focused on Trump University and not on Hillary’s server. Trump must get these eyes pushed back to gaze upon the server, which he is endeavoring to do.


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Trump & Authenticity

Donald Trump has managed to relentlessly prove the political pundits wrong. While the idea of Trump in the White House was once an absurd joke, each passing day makes it ever more likely that America will fall under the Trumpocracy.

Given that Trump lacks the experience and skills that are usually expected in a presidential candidate, it might be wondered how he is doing so well. When his supporters are asked about their reasons, they typically assert that Trump “tells it like it is”, that he is not politically correct and that he is “authentic.”

Trump’s remarks do clearly establish that he is not politically correct—at least from the standpoint of the left. Trump does, however, go beyond merely not being politically correct and his rhetoric enters into the realms of xenophobia and misogyny. While I am fine with a person not being political correct, regarding his crude and vulgar xenophobia and misogyny as appealing seems to be a mark of character flaws. But, it cannot be denied that this is what some people really like. While it would be unfair to claim that supporting Trump is equivalent to endorsing xenophobia and misogyny, to support Trump is to support his professed values.

The claim that Trump “tells it like it is” is both false and absurd. Trump tells it like it is not, as the Politifact evaluation of his claims attests. Those who support Trump might honestly believe his untruths (as Trump himself might) and they can sincerely claim they back him because he “tells it as they think it is.” However, voters should at least make some minimal effort to check on the truth of Trump’s claims. That said, truth seems to matter very little in political support—perhaps because the system generally provides voters with a choice between untruths.

In order to determine whether or not Trump is authentic, I need to work out a rough account of authenticity in politics. Part of being authentic is a matter of not having certain qualities: not being scripted, not presenting an act, and not saying what one thinks the audience wants to hear. In terms of the positive qualities, authenticity presenting one’s genuine self and saying what one really believes.

It might be thought that Trump’s unrelenting untruths would disqualify him from being authentic. However, authenticity is distinct from saying true things. Authenticity just requires that a person says what she believes, not that she say what is true. This is analogous to honesty: being honest does not entail that a person tells the truth. It entails that the person tells what they believe to be the truth. A dishonest person is not someone who says untrue things—it is someone who says things they believe to be untrue.

Interestingly, there could be a paradox of authenticity. Imagine, if you will, a person whose genuine self is a scripted self and whose views are those that the audience wants to hear at that moment. This would be a person whose authentic self is unauthentic. It could, of course, be argued that there is no paradox: the person would just be unauthentic because she would lack a genuine self and genuine views. It can also be argued that no such person exists, so there is no real paradox. In any case, it is time to return to discussing Trump.

With the rough account of authenticity in hand, the next step is considering the sort of empirical data that would confirm of disprove a person’s authenticity. Since authenticity is mainly a matter of the presented self matching the genuine self, this runs right into the classic philosophical problem of other minds: “how do I know what is going on in another person’s mind?” In the case of authenticity, the questions are “how do I know the presented persona is the real person?” and “how do I know that the person believes what they say?”

In the case of Trump, people point to the fact that he rambles and riffs when giving speeches as evidence that he is unscripted. They also point to the fact that his assertions are political incorrect and regarded by many as outrageous as evidence that he is saying what he really believes. The idea seems to be that if he was a scripted and inauthentic politician, he would be better organized and would be presenting the usual safe and pandering speeches of politicians.

While this does have a certain appeal, the riffing and rambling could be taken as evidence that he is just not well organized. His outrageous claims can also be taken as evidence of ignorance. It would be a mistake to accept disorganized ignorance as evidence of laudable authenticity. Then again, that might be his genuine self, thus making it authentic. A such, more is needed in the way of evidence.

One common way of looking for authenticity is to take consistency as evidence. The idea is that if a person sticks to a set of beliefs and acts in generally the same way in various circumstances, then this consistency reveals that those believes and actions are sincere. While this is certainly appealing, a smart inauthentic person (like a smart liar) could create a consistent false persona for the public.

In contrast, a person who shifts beliefs with alarming regularity and acts in very different ways depending on the audience is often regarded as being inauthentic because of this inconsistency. The inference is that the person is shifting because they are acting and pandering. While this is also appealing, a person could be sincerely inconsistent and an authentic panderer.

Trump has shifted his professed positions in his transformation to the Republican nominee and his former opponents and current critics have spent considerable time and energy making this point. As such, it is tempting to question Trump’s authenticity in regards to his professed positions. That said, a person can change and adopt new sincere beliefs.

Former presidential hopeful Ben Carson made the interesting claim that there are two Trumps: the on one stage and the one “who’s very cerebral, sits there and considers things carefully.” If Carson is right about this, the “authentic” Trump that appeals to the voters is, ironically, just an act. The Trump on stage is a persona and not his real self—which would hardly be surprising given that he is a master showman.

One reasonable reply to this is that professionals put on a persona when engaging in their professional activities and everyone changes how they behave depending on the audience. For example, I behave differently when I am teaching a class than when I am running with friends. As such, if such change means a person is unauthentic, most people are not authentic. Thus making the charge of authenticity less stinging.

However, there seems to be more to inauthenticity than merely changing behavior to match the social context. Rather, an inauthentic person is engaged in an intentional deception to get others to accept something the person is, in fact, not. This is something that actors do—and it is harmless and even laudable when it is done to amuse. However, when it is done with a different intent (such as deceiving voters so as to get elected), then it is neither harmless nor laudable. I suspect Trump is not authentic, but since I do not know the true Trump, I cannot say with certainty.


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Should Establishment Republicans Vote for Hillary Clinton?

At the start of May, Donald Trump is the presumptive Republican nominee—all the other Republicans have suspended their campaigns. There is still talk of a contested convention; but that seems to be just talk. Barring some very unusual event, it appears that Trump will be the Republican candidate.

For the Democrats, Bernie Sanders has said he is in it to the end. But, most of the folks in the media have taken the stance that it is over—Hillary will be the nominee. While Sanders has not been mathematically eliminated, the smart and big money is on Hillary.

While many Republicans have lined up behind Trump already, there is still a significant number of establishment Republicans who have embraced the “never Trump” view. These folks seem to have a few options. One is to simply not vote for president. While this is not a vote for Hillary, it does help her in that the vote could have been one for Trump. Those taking this option can claim that it is the morally better choice: while this does help Hillary win, it relieves the voter of the moral responsibility that would go along with voting for Trump or Hillary. This can be seen as analogous to the moral distinction between killing and letting die: while the difference might be seen as fine, it is nonetheless a difference.

The second option is to vote for someone other than Hillary or Trump. This could be a write in (vote for me) or perhaps even a third party candidate. As with not voting for either Trump or Hillary, this avoids the moral responsibility of providing a positive contribution to a win. It could also have the virtue of making a moral or political statement.

The third option, which might seem to be political blasphemy, is to vote for Hillary. While the Republicans seem to have cultivated a demonic hate for the devilish Hillary, she is actually far closer to a Republican establishment candidate than Trump. While Hillary does profess liberal social values, these are now mainstream and middle of the road. That is, her professed social values seem to match those of the majority of Americans. More importantly, she ticks many of the boxes of the establishment Republicans: she is pro-trade, pro-Wall Street, well connected to major corporations, a hawk on defense, someone who favors a foreign policy that advances America’s economic interests, and she has a tough-on-crime stance (or perhaps did). She is also an establishment politician, just like them. She knows how the game is played and plays the same way they want it played.

While Trump does not actually have any developed policy, he has expressed his dislike of free trade, has expressed hostility towards Wall Street, has used isolationist language, and has expressed views that seem rather pro-worker: making corporations bring jobs back to the United States and similar things that almost make him sound like a union boss of old. Trump seems to be playing his own game, much to the dismay of the establishment.

Because of these facts, Hillary seems to be a viable choice for the Republican establishment: she is the closest thing to a traditional establishment Republican and will ensure that it will be business as usual if she is elected.

Interestingly, while there is a never Trump movement for Republicans, there is also a Bernie or Bust movement among Democrats and independents.  As with the Republican establishment voters, they seem to have three options: do not vote, vote for a third party, or vote for Trump. While it might seem impossible for Bernie supporters to go Trump, Trump is the other populist candidate and the one who has said he will do the most for working Americans. While I think this is a political sham, it does have its appeal. And, who knows, Trump might actually intend to make good on his vague assertions. So, this election might see some strange voting: Republicans voting for Hillary and former Sander supporters backing Trump.

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Nominations & Democracy

As the United States continues its ultra-marathon campaign season, the pundits speak relentlessly about the possibility of a brokered Republican convention and the inevitably victory of Hillary Clinton.

The Republican establishment is not at all pleased that Donald Trump has become the populist candidate. They wail because has harvested what they sowed and insist the wheat should go to the elite of their choice. The people should, as always, get the shaft. I mean, of course, the chaff. The current plan of the elite is for Cruz and Kasich to deny Trump the number of delegates he needs to secure the nomination and then have a desirable candidate selected at the convention. Trump has been expressing his dismay at this plan and his supporters have shared his orange rage.  Thus, Trump will almost certainly arrive at the convention with significantly more delegates than his rivals, yet he might lose the nomination because of the way the rules work.

In the case of Bernie Sanders, the Democratic establishment has anointed Hillary Clinton as the once and future candidate. As some critics have noted, many in the media have joined in the chorus and stick to the script which says that while Bernie has not been locked out, he has no chance at all of winning. Bernie supporters point to what they regard as the chicanery of the super-delegate system and are not pleased with the way the primary process works.

While Bernie is losing to Hillary, there is the concern that her winning is due to the rules of the party and not her popularity with the voters. As such, the populists are facing similar plights: they face being blocked by the rules of the parties which rule America.

The populists have raised a rather reasonable objection against the way the system works: the candidate with the most votes should become the nominee for the party. That is, as Trump points out, the way democracy is supposed to work.

Trump is right, but also wrong. He is right that the process should be democratic in a democracy. Otherwise, there is a mere half-democracy in which people can vote for anyone, provided that person is put forth by the ruling parties. As one of my undergraduate political science professors used to point out, the difference between the old Soviet system and the American system was one party—they had one, we have two.

Trump is wrong in that the parties are not democratic systems. That is, they are not part of the government and are, in fact, private organizations like corporations and unions. As such, they are free to make their own rules in regards to how the candidates are selected. Trump might well think that the parties are supposed to work like a democratic system—after all, the primaries do involve voting via the official voting machinery of the state. However, this is like having Exxon or GE decided to conduct its election process through the state—they could presumably make that happen, yet can obviously set their own rules and determine the outcome as they wish.

The parties do, of course, prefer to claim that they are following the will of the people and certainly want to avoid the appearance that the elections are actually settled in backroom deals. However, the parties remain private organizations and those that control the party decided how the process will work. If a party does break its rules, a candidate could presumably sue (one of Trump’s favorite past times)—but as long as the rules are properly followed, the only recourse of a candidate would be to appeal to the people.

When Hillary is crowned the candidate for the Democrats, I suspect Sanders will stand beside her throne. Trump, however, would be king by his own hand—if he is “robbed” of the nomination, he might decide to run on his own. This would be ideal for Hillary—her victory would be assured.

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North Carolina’s Anti-Antidiscrimination Law

Apparently eager to do some serious damage to North Carolina’s reputation and economy, the state’s Republican controlled legislature passed “the bathroom bill” and the Republican governor signed it immediately. This law seems to have been in response to Charlotte, North Carolina passing a city ordinance extending legal protection for LGBT people and allowing transgender folks to use bathrooms based on their gender identity.

The “bathroom bill” makes it so that local governments cannot pass their own antidiscrimination laws—the state law, which is more restrictive than the Charlotte ordinance, trumps all local laws. The reason it is called the “bathroom bill” is that it has the effect of forbidding transgender people from using the bathroom that matches their gender identity. Instead, they must use the bathroom that matches the sex on their birth certificate. Interestingly enough, the law also precludes any local government from passing its own minimum wage laws—the minimum wage falls under the antidiscrimination law.

While the most plausible explanation for the law is prejudice against people who differ from the heterosexual norm, the proponents of the law obviously cannot make that the public reason for their support. Rather, there are two main reasons presented in defense of the law. The first is that the imposition of state control over local governments was an attempt to rein in “governmental overreach” on the part of Charlotte and other local governments.

There is a certain irony in Republicans passing a law that restricts the liberty of local governments—this is because the importance of local government and assertions about getting big government off the back of the people are stock talking points. However, many Republicans seem to be fine with local government only to the degree that the locals do what they want.

To be fair, there are legitimate issues here about the extent of the authority of local governments and the extent to which the state has the right to impose on local authorities. One approach is practical: having a hodgepodge of inconsistent laws across a state would be difficult for citizens and businesses—there are advantages to uniform, statewide laws. Another approach is a matter of ethics—the restrictions and liberties of laws should be the same across the state based on the principle of fairness. Of course, using a moral foundation for uniformity would require a moral assessment of the laws being imposed: having an unjust law imposed uniformly would be worse than a just law that was imposed in limited locations.

My own view is that antidiscrimination laws should be uniform but also just. As such, I do agree that the state (and federal government) should be setting these laws. But, these laws must be just. In the case of the North Carolina law, my view is that it is unjust because it codifies discrimination while forbidding local authorities from passing just laws. Hence, the state is in the wrong here. I now turn to the second justification for the law.

Proponents of the law contend that they do not support it from prejudice and that it does not discriminate. They claim that the law is needed in order to protect people, especially children, from being assaulted in bathrooms and locker rooms by transgender people.

On the face of it, the law does aim at meeting what I consider a basic justification of a restrictive law: it has the professed intent of protecting people from harm. This is an excellent justification for limiting liberty and is the principle that justifies, for example, forbidding companies from knowingly selling dangerous or defective products.

While the professed intent does matter, the proper assessment of a restrictive law aimed at preventing harm requires considering whether the harm in question justifies the restrictions being imposed.  In the case of the bathroom bill, the easy and obvious answer is that it does not. The reason is that there seems to be an exceptional lack of evidence that transgender people will present a danger to others if they are permitted to use bathrooms based on their gender identity.

While it is certainly not impossible for a transgender person to engage in such an attack, the statistical evidence is that there have been no attacks. There are currently numerous states and many cities that allow people to use facilities based on their gender identity—so there have been many opportunities for such attacks.

The obvious reply is to point to claims that such attacks (or at least sexual misconduct) have occurred, thus refuting the claim that transgender people are not a threat. The counter to this is to point to the fact that such claims tend to be mere urban myths and that the evidence shows that the myth of the transgender bathroom assault is just that, a myth.

It could be countered that while there is currently no evidence that allowing transgender people to use bathrooms based on their gender identity, an attack could happen and this possibility, however remote, justifies the law.

The easy and obvious response to this counter is that basing restrictive laws on the mere possibility that something bad might happen would be absurd. This principle would warrant incredibly restrictive laws across the board and would also warrant violating most, if not all, rights. For example, men might attack women on hiking trails, so trails must be restricted to one gender to avoid the possibility of attack. As another example, a car might be used in vehicular homicide, therefore people should be forbidden from owning cars. Naturally, if it could be shown that transgender people pose a serious risk to the safety of others, then restriction would be justified. However, the threat would need to match the restrictions imposed by the law.

As a final response, a proponent of the law could say that when a case of a transgender person attacking someone in a bathroom is confirmed, that will show the law is justified. The counter to this is to point out that this principle is absurd—if a car ban were proposed, it would not be justified by pointing to a case or even a few cases of vehicular homicide. As noted above, what would be needed is evidence of a threat that warrants the restriction.

In light of the above discussion, the “bathroom bill” fails the basic test of restrictive laws: it imposes restrictions without the justification of preventing a sufficient harm. This should come as no surprise—the law is not about protecting people but about prejudice.


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RNC & Gun Free

The Republican Party is well known for its consistent support of gun rights and opposition to attempts to impose restrictions on these rights. As such, it might strike some as odd that the gun-loving Republicans are holding their national convention in a gun free zone in Cleveland, Ohio. Though the party might seem helpless in the face of the Secret Service (which banned guns from the Republican national convention in 2012), brave patriots have risen in its defense. A petition to allow open carry at the Quicken Loans Arena during the Republican Party’s national convention has been signed by over 50,000 supporters of the Second Amendment.

While some have suggested that the petition is not the work of true gun-loving patriots but by wily Democrat James P. Ryan, it is well grounded in an interesting moral argument. In any case, to dismiss the moral argument because of the identity of the author would be to fall into a classic ad homimen fallacy. After all, the merit of an argument depends on the argument, not the identity of the author.

The argument used to justify the petition is based in the principle of consistent application—this is the principle that standards must be applied the same way in similar circumstances. Exceptions can be justified, but this requires showing that there is a relevant difference between the applications that warrants changing or not applying the standard.

Not being consistent is problematic in at least three ways. One is that the person or group runs the risk of hypocrisy, which is morally problematic. The second is that inconsistent application is unfair, which is morally problematic as well. The third is that such inconsistent application runs the risk of undermining the justification for the standard, thus suggesting that the standard might not be well supported.

The case for the inconsistency of the Republican Party, the NRA and the three remaining Republican candidates is rather effectively made on the petition site. As such, I will present a rather concise summary of the case.

First, the NRA has argued that gun free zones, like where the convention will be held, are essentially advertising the best places for mass shootings. The NRA consistently opposes such zones—or at least it did. Second, Trump, Cruz and Kasich have explicitly opposed gun free zones. Trump and Cruz have both echoed the NRA’s line that gun free zones are bait for mass shooters. Third, there are the stock arguments made by the NRA and pro-gun Republicans that people need guns to defend themselves—that a good guy with a gun is the only one who can stop a bad guy with a gun. As such, for the Republican Party to hold its convention in a gun free zone with Cruz, Trump, Kasich and the NRA agreeing to this would be a clear act of moral inconsistency. Since they all oppose gun free zones (including, in some cases public schools) they should insist that the same standard they wish to apply to everyone else must also be applied to them. That is, guns must be allowed at the convention.

It could be countered that the Republican Party does back private property rights and, as such, they could consistently say that the Quicken Loans Arena owners have the right to ban guns from their property (though they are just laying out irresistible murder bait by doing so). While it is reasonable to accept that private property rights trump gun rights, the obvious counter is to insist that the convention be moved to a private or public venue that allows guns unless Quicken Loans Arena is willing to change its policy for the event.

Another counter is to note that the Secret Service has apparently insisted that guns not be allowed at the event. The Republicans could thus say that they really want to have guns, but the government is violating their rights by forcing them to ban the guns they so dearly and truly love. That is, if it was up to them the convention would be well armed.

The easy and obvious reply is that the Republican Party and candidates could take a principled stand and insist that guns be allowed. After all, their position on the matter of gun free zones is quite clear—the least safe place to be is a gun-free zone. Presumably the Secret Service is concerned that someone might bring a gun to the convention and try to kill Trump, Cruz or Kasich. Since these three men believe that gun free zones would simply attract assassins, they should be able to convince the Secret Service that they would be safer surrounded by armed citizens and, of course, sign whatever waivers or forms would be needed to make this so. If the candidates and the party lack the clout to make the convention gun friendly, surely the gun-friendly Republican majority in Congress could pass legislation allowing guns to be carried at the convention. This, one might suspect, would be a law that Obama would be quite willing to sign.

If the Republicans do not approach this affront to their gun rights with the same will and tenacity they deploy against Obamacare, one might suspect a hypocrisy regarding their position on guns: doing without gun free zones is fine for everyone else; but the Republican establishment wants the protection of gun free zones. This does not, of course, show that they are in error in regards to their avowed position opposing gun free zones—to infer that would be to fall victim to the ad hominem tu quoque (the fallacy that an inconsistency between a person’s claim and her actions shows her claim is wrong). However, it might be suspected that if the Republican establishment is fine with the convention as a gun free zone, then they have some evidence that gun free zones are not, contrary to their professed view, murder bait and are safer than gun zones.

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