Sunday, September 29, 2024
The Republican freak show. The Atlantic - Politics / by Peter Wehner
Friday, September 27, 2024
The Problems with Polls | Samuel Earle | The New York Review of Books
THE RIGHT-WING POLITBURO HASN'T SETTLED ON A PARTY LINE REGARDING ERIC ADAMS, BUT IT'S CLEAR WHAT CORRECT THINKING WILL BE
Wednesday, September 25, 2024
Originalism Was Impossible - The Atlantic. By Eric L. Muller
Read time: 8 minutes
Whatever its merits, the methodology could not have existed until modern times.
September 24, 2024, 11:01 AM ET
Many scholars and judges today argue that the right way to ascertain the correct meaning of the Constitution’s text is through a search for its “original” meaning. They say it’s not just the right way as a matter of accuracy and respect for democracy’s rules, but it’s also the method that the Constitution itself requires.
In all of this is one practical problem: Originalism was impossible—at least until modern times.
For just about the first third of the Constitution’s lifetime, virtually no lawyer in the United States had any way to investigate the text’s original meaning. The resources to do it either didn’t exist or were completely out of reach. Originalism, whatever its merits, simply couldn’t have been done.
I’ll make the point with Hill v. Kessler, a case litigated in the courts of North Carolina in the late 1860s. In 1866, a woman named Sarah Hill filed a lawsuit against a man named Tobias Kessler in the superior court of Rowan County, in Salisbury, a town of about 2,500 people. Salisbury was home to 10 lawyers at that time; Hill’s attorney, William Bailey, and Kesler’s attorney, James McCorkle, were among them.
The federal constitutional issue in the case arose not from the subject matter of the complaint but from a procedural turn the case took. The rules required a plaintiff to post a bond when filing suit, to cover the defendant’s costs in case the plaintiff lost. Hill did this in 1866, naming someone by the last name of Hodge as her surety to guarantee payment.
In 1868, North Carolina adopted a new constitution that included a so-called homestead law. The provision was an effort to insulate North Carolinians from the worst economic pain of the immediate post–Civil War years. It shielded up to $1,500 in real and personal property from the reach of anyone trying to collect on a debt.
The homestead law got the defendant, Kessler, nervous. Hodge didn’t have $1,500 in assets to his name, so all of his property now appeared to be out of reach. Hill’s bond looked worthless. So Kessler’s lawyers asked the court to require Hill to produce some new security.
Hill said there was no need. Her surety contract with Hodge preceded the 1868 homestead exemption by two years. If the 1868 homestead law protected property retroactively, she argued, it would violate Article I of the United States Constitution, which said no state could enact a law “impairing the obligation of Contracts.”
The trial court agreed with Hill, concluding that the homestead law could not apply to the surety agreement she’d made with Hodge before the homestead law existed. Hodge’s property wasn’t out of reach. Kessler, unconvinced, appealed to the North Carolina Supreme Court.
What did the word impairing in the contracts clause mean in this context? That was the issue over which the Salisbury lawyers Bailey and McCorkle squared off.
Let’s suppose the lawyers had wanted to take an originalist approach. They would have had to build arguments about what the word impairing had meant in 1789. They would have immediately faced a challenge: finding sources to construct those arguments.
Originalists today can look to a couple of different places to uncover the meaning of constitutional text. They can try to understand what the Framers themselves intended their language to mean; they can try to determine what the participants in the various states’ ratifying conventions understood the language to mean; and they can try instead to ascertain what a reasonable member of the public in 1789 would have understood the language to mean. For these inquiries, practitioners of originalism can turn to, and accord varying weights to, the delegates’ comments at the Constitutional Convention, the notes the delegates took there, their private correspondence and published writings, the comments and notes of the delegates to the various state ratification conventions, the published arguments of contemporaneous advocates for and opponents of ratification, and period dictionaries, pamphlets, and newspapers.
Would Bailey and McCorkle have had such material at hand in their Salisbury offices? It seems highly unlikely. Surviving collections suggest that mid-19th-century lawyers—if they acquired significant numbers of books at all—collected practical volumes to support their day-to-day practice. Lawyers had neither the need nor the resources for costly compendia of ratification debates and works of Enlightenment-era political philosophy.
Consider, as one particularly rich example, the remarkable Smith Nicholas collection housed at the Filson Historical Society in Louisville, Kentucky. It preserves the law library of three lawyers who practiced during the 19th century—lawyers, it should be noted, a good deal more prominent than the North Carolina attorneys handling Hill v. Kessler. Most of the collection’s 112 legal titles are works on English law. Included, in the words of an expert on the collection, are “texts and reports in equity, common law, criminal law, family law, mercantile and international law, real and personal property, conveyancing, contracts and obligations, trial practice and pleading, evidence, appellate practice, tax law, and chancery practice.” Only one book in the collection would have had any value for a constitutional originalist: the first volume of the Federalist Papers.
Another example of an extant 19th-century-law-office library is the Colcock-Hutson collection held at the University of South Carolina Law Library. It represents the acquisitions of five generations of attorneys in South Carolina’s Beaufort, Jasper, and Hampton Counties, stretching from 1744 to 1939. The collection consists of 419 donated physical volumes and an inventory of an additional 285 books that were not donated. Among the 704 items, only two touch on American constitutional law: the fifth edition of Thomas Cooley’s Constitutional Limitations, published in 1883, and William Rawle’s A View of the Constitution of the United States of America, first published in 1825. Neither of these offer much, if anything, in the way of contemporaneous evidence of constitutional meaning in 1789. The rest of the collection consists mostly of English and American case reports and treatises on English and American common law and court practice.
So Bailey and McCorkle would have had to leave their offices if they were to develop arguments about the original meaning of “impairing” a contractual obligation. Where could they have gone?
They could not have looked to their local public library, because there wasn’t one. A public library wouldn’t open in Salisbury until 1921. Charlotte, some 40 miles away, had almost twice Salisbury’s population, but it, too, had no library; that town’s Literary and Library Association first opened its subscription service in rooms above a bookstore in 1891.
The lawyers might have been tempted to schedule a trip to Chapel Hill, to visit the University of North Carolina (where, in the present day, I teach law). There they could have perused the holdings of the state’s largest library—a collection whose size a librarian of the time estimated as “not far from seven thousand” volumes. It is unknown whether those included any sources useful to a lawyer trying to determine the original meaning of the verb impairing as written in the Constitution. But even if the lawyers could have hoped that that collection might contain something helpful—say, James Madison’s Notes on the Debates in the Federal Convention or Joseph Story’s Commentaries on the Constitution of the United States—a trip to Chapel Hill would likely have been a lengthy and expensive fool’s errand: The university was in free fall after the Civil War ended, its functions largely suspended in 1868 and 1869 on the way to a complete shutdown in 1871. Getting to the university would have meant taking a full day’s train trip from Salisbury along about 100 miles of track and bridges still recovering from Civil War damage as far east as Hillsborough, and then switching to horse or carriage for the 12 miles south to Chapel Hill.
If the lawyers were really intrepid, their best chance of finding a helpful source would have been to ride the eastbound train another 40 miles past Hillsborough to Raleigh, the state’s capital. There they could have sought permission to access materials from the North Carolina Law Library on the first floor of the capitol building. Those materials are listed in a catalog prepared in 1866 by the state librarian Oliver Hazard Perry, so we know exactly what attorneys Bailey and McCorkle would have found at the end of their journey to help them make their case about the original meaning of impairing: Bouvier’s Law Dictionary, Webster’s Dictionary, and Story’s Commentaries on the Constitution. That’s all.
Not Madison’s Notes. Not the Journal, Acts and Proceedings of the Convention, Assembled at Philadelphia, Monday, May 14, and Dissolved Monday, September 17, 1787, Which Formed the Constitution of the United States, edited by John Quincy Adams and issued as a government publication in 1819. Not Jonathan Elliot’s The Debates, Resolutions, and Other Proceedings, in Convention, on the Adoption of the Federal Constitution, published in 1830. Not even the Federalist Papers. The lawyers litigating Hill v. Kessler would have had essentially nothing on which to ground an originalist argument about what “impairing” a contract meant in 1789.
This is not to say that the lawyers couldn’t have developed any rival arguments about the meaning of the words in the contracts clause. The North Carolina Law Library held a complete set of the United States Reports, for example, so they could have mined the Supreme Court’s relevant precedents for possible arguments. (And as the proceedings played out, it was through analyzing precedents, not searching for original meaning, that the Supreme Court actually resolved the case in Kessler’s favor.)
What they couldn’t have done was litigate distinctively as originalists. Whatever they might have wanted to tell the North Carolina Supreme Court about the original meaning of impairment, they would’ve been stymied by a judge simply asking, “How do you know?”
Nothing about the constitutional issue in Hill v. Kessler or the Salisbury lawyers William Bailey and James McCorkle is unusual. The same resource problem would have hamstrung lawyers in Dover, Maine, or Johnstown, Pennsylvania, or Hopkinsville, Kentucky, or Jackson, Mississippi, litigating any question of constitutional meaning.
“To figure out what the law is, we go to the source.” So said Associate Justice Amy Coney Barrett (then a U.S. circuit judge) at a 2019 Federalist Society panel on originalism. Going to the source today is a real option—easy, in fact. Anyone with an internet connection can do it. Going to the source in the early and mid-19th century was practically impossible. Originalism today is an available strategy for ordinary lawyers only because of modern technology and resources.
Does this mean that originalism is the wrong way to interpret the Constitution? No. Lawyers have windows on meaning today that can reveal all sorts of things about what its text may have connoted. They’d be foolish not to look through them.
But can we insist, as so many do, that originalism must be the right way—the single one?
Only if we believe that lawyers throughout the 19th century practiced law inaccurately, ignorant of the truth. And that would be a strange thing for anyone to think—especially someone committed to looking for the truth in the past.
Political Violence Feeds on Itself. The Atlantic - Politics by Juliette Kayyem
Sep 25, 2024 at 12:54 AM//keep unread//hide
Before supporters of Donald Trump tried to overturn his election loss in an insurrection on January 6, 2021, American presidential politics had gone largely undisturbed by violence for decades. The Secret Service and other law-enforcement agencies had been able to protect presidents and major-party nominees from physical harm. Transfers of power had been peaceful after even close, bitter elections. But the country has clearly entered a grim new cycle. In July, a bullet fired by a would-be assassin struck Trump’s ear at a rally in Pennsylvania. This month, authorities thwarted another gunman, who had been hiding in the bushes near one of Trump’s golf courses in Florida as the former president and current Republican presidential nominee played an unscheduled round a few hundred yards away.
Throughout history, political violence has tended to feed upon itself; groups that believe their opponents are seeking power by extralegal means have been more likely to turn to violence themselves. Some aspects of modern life exacerbate the risks. Social media allows extremists to summon like-minded people; the ready availability of dangerous guns increases the ability of individual bad actors to do serious harm. Unfortunately, law enforcement can prepare only so much for the varied threats that the nation may face from the right, the left, and people with idiosyncratic or even incoherent ideologies.
Earlier this month, the Department of Homeland Security announced that it would designate the January 6, 2025, electoral-vote certification at the Capitol as a “national special security event,” or NSSE—a classification that typically calls for extensive planning of security measures that usually include heavy police and National Guard presence, extensive surveillance, street closures, and other measures. This decision went largely unnoticed, but in the past, no one had thought precautions of that magnitude necessary. No losing presidential candidate before Trump had ever riled up a mob to interfere with a proceeding that had previously been viewed as a mere formality.
The NSSE designation is a sign of how limited the options are, and it carries some costs. The presidential inauguration on January 20 is always treated as an NSSE. In effect, the federal government and the District of Columbia will be on high alert for a month—with no guarantee that the precautions taken will be adequate to thwart the unpredictable plans of opportunistic assailants.
In security planning, American experts and public officials use a war-gaming technique often called red teaming to assess how to deal with adversaries with a known intent. If the expected enemy is, say, a Chinese spy or Russian ransomware hacker, some Americans—the red team—are assigned to emulate how the attacker would behave. A second group, the blue team, then has to come up with defensive measures. But this is a far harder task when the threat could come from any number of directions.
At the center of the recent trend toward political violence is Trump. Although he has in recent months become the most vulnerable target of political violence, he has been its most prolific instigator for the past several years, as I and others have previously argued. Those concerns are still valid. He promotes chaos and confusion. He tells religious allies that if he wins this year, they will never have to vote again. He floats the possibility of imprisoning his political enemies. He threatens mass deportations of undocumented immigrants using military force. He dehumanizes immigrants who have come here legally by falsely claiming that they are stealing and eating pets, leading to unrest and threats against them.
In short, Trump has helped normalize the idea that some political differences are too large to be settled by democratic means. Surviving an assassination attempt hasn’t convinced him of the need to de-escalate. Indeed, he’s doing the opposite. Trump claimed in his debate with Kamala Harris that “I probably took a bullet to the head because of the things they say about me”—an apparent reference to the vice president and her supporters. If Harris wins, Trump will almost certainly not concede; he will claim it was rigged and seek to confuse certification by supporting state election boards who refuse to follow the law, creating chaos at the January certification, as he did in 2021.
But if Trump wins a close election by pressuring state and local election boards—or indeed if he wins unambiguously—many Americans who supported Harris will surely rally to oppose his return to power. Even if the overwhelming number of them intend to do so peacefully, people with violent intentions may slip into their midst, perhaps at the behest of foreign or domestic forces eager to sow disruption. One survey conducted this summer by the University of Chicago researcher Robert Pape indicated that—contrary to past findings—the percentage of people supporting violence against Trump was larger than the percentage of people supporting pro-Trump violence.
In practice, though, some perpetrators of political violence lack a clear worldview. Trump’s first would-be assassin, FBI officials have indicated, had previously shown an interest in public violence and may have settled upon the former president because he was a geographically convenient target. The suspect in the second attempt, who lived a life very much on social media, once supported Trump and then didn’t. His most dominant ideological commitment was to the Ukrainian war effort.
The United States has experienced—and escaped—cycles of political violence within living memory. Robert F. Kennedy and Martin Luther King Jr. were assassinated amid the upheavals of the late 1960s; in the mid-’70s, President Gerald Ford survived two attempts on his life. America’s democracy proved resilient because enough people ultimately came to understand that the price of violence for everyone would be far greater than the political benefits for anyone.
Fortunately, the Democratic Party has no leader equivalent to Trump who embraces threats as a political strategy. Yet the former president has poisoned the atmosphere so much that even a sound electoral defeat for him would not immediately reduce the danger of violence.
The Woo-Woo Caucus Meets. The Atlantic - Politics by Elaine Godfrey
Sep 25, 2024 at 6:36 AM//keep unread//hide
If Robert F. Kennedy Jr. were president, this is the kind of Cabinet he might appoint: Vani Hari, a.k.a. the “Food Babe” influencer; The Biggest Loser’s Jillian Michaels; the conservative psychologist Jordan B. Peterson and his daughter, the raw-meat enthusiast Mikhaila Peterson Fuller; and 18-year-old Grace Price, a self-identified citizen scientist.
The former Democrat turned spoiler presidential candidate served as a headliner for a four-hour roundtable presentation yesterday on Capitol Hill. Moderated by Senator Ron Johnson, a hard-right Republican from Wisconsin, the event was titled American Health and Nutrition: A Second Opinion—an apt name, given that the whole thing had a very do-your-own-research vibe.
When Kennedy endorsed Donald Trump for president last month, the two forged an alliance that Kennedy has begun referring to as MAHA (Make America Healthy Again). The partnership has produced a super PAC; also, hats. The alliance was the natural culmination of a broader trend in American politics that has seen the Trumpian right meld with the vax-skeptical, anti-establishment left: Woo-woo meets MAGA, you could call it, or, perhaps, the crunch-ificiation of conservatism. Since dropping out of the presidential race, Kennedy has been angling for a role in Trump’s orbit, because he—like others in the room yesterday—is desperate for any vehicle toward relevance. And so far, allegiance to Trump has offered more of a spotlight than anything that came before.
“The U.S. health-care system is an existential threat to our country,” Kennedy told the crowd in the standing-room-only caucus room named for his uncle President John F. Kennedy. “If America fails, the chief reason will be because we let our country get sicker, more depressed, fatter, and more infertile, at an increasing rate.” Kennedy had gotten to know Johnson during the pandemic, when Johnson was undermining public confidence in vaccines and touting unproven treatments for COVID-19. “He was the only member of this body for some time who was willing to challenge the orthodoxy,” Kennedy said, describing Johnson as a “close personal friend.”
And so it went on, and on. From my seat in the audience, I listened to statement after statement decrying pharmaceutical firms, seed oils, and the lies of the food pyramid. Speakers cited the rates of obesity, cancer, and diabetes, and blamed them on “metabolic dysfunction.” They warned of the presence of microplastics in food and in the air, which can end up settling in the human brain. “The brain is about 0.5 percent microplastics,” Kennedy said, which a few recent studies have found; in Kennedy’s case, it also contains a percentage of worm. Four hours was a very long time.
The event felt intended to be subversive, as though the panelists were providing the truth that the media will never tell you—because, of course, Big Media is in cahoots with Big Pharma, Big Ag, Big Tech, Big Everything. But the truth, you could say, is already out there. An entire media ecosystem of podcasts is devoted to telling you the sort of stuff laid out by the panel. Many of yesterday’s panelists have their own shows, and several of them have made an appearance on The Joe Rogan Experience, which is consistently the world’s most popular podcast.
Fuller, one such podcast host and the CEO of her father’s online education site, the Peterson Academy, explained that she had fixed her autoimmune and mood disorders by eating only meat. She now promotes the “Lion Diet,” which involves consuming nothing but ruminant meats, salt, and water. “I’m not suggesting the average person does this,” she said, but, she insisted, the government should definitely study the diet’s therapeutic effects.
Next went Peterson the elder. Prone to long diatribes delivered with the cadence of a congregational preacher, he offered a lesson about the scientific process and ketogenesis. Frankly, I had trouble following his point, and apparently I wasn’t the only one: Onstage next to Peterson, Kennedy was staring off into the middle distance, his mind somewhere else.
For her presentation, the Food Babe held up placards with ingredient lists for Gatorade and Doritos in America versus in Europe, calling for limits on additives and dyes in children’s cereal (Make Froot Loops Boring Again). Hari has built up a following of people, parents especially, who are legitimately concerned about what goes into highly processed foods, but she has also faced criticism for fearmongering with unfounded claims. Alex Clark, a commentator for the conservative group Turning Point USA and the host of the conservative Culture Apothecary podcast, railed against the vaccine schedule for children: Parents “did not sign up to co-parent with the government. We want a divorce!”
Somewhere during hour three, Kennedy advised against eating any food that comes in a package. Starving and bored, I unwrapped and scarfed down my chocolate-chip Kind bar. A few rows in front of me, Florida Republican Congressman Matt Gaetz’s wife, Ginger Luckey Gaetz, was posting happily: “Truth bombs being dropped,” she wrote on X.
Why is America’s list of accepted chemicals so much longer than Europe’s, and why are the Europeans so much better at this than we are? Speaker after speaker wanted to know. The answer, of course, is that the regulations followed in the European Union are more stringent than ours. And some of the panelists demanding change have allied themselves with a party that—like Clark—does not exactly share their regulatory goals.
Which brings us to the strangeness of the alliance between Kennedy and Trump. Their partnership can be explained by their shared distrust in institutions. Their respective movements have bonded over a sneaking suspicion that the liberal elite is conspiring against them. But that may be where the similarities end. For all of his populist campaign bluster, during his first term, Trump was an ally to Big Business, appointing what ProPublica called a “staggering” number of lobbyists to positions of power, unraveling nutritional standards for school meals, and reversing bans on chemical and pesticide use in agriculture. If tougher, European-style regulation is desired by some of the panelists, he is the arch-deregulator. What’s more, Trump has demonstrated next to zero interest in seed oils and neurotoxins and metabolic ketosis. He has only “concepts” of a health-care plan for America. He is a big fan of the Big Mac—he is Mr. Filet-O-Fish.
Kennedy surely knows this. Only months ago, Trump called him a “Radical Left Lunatic” and the “dumbest member of the Kennedy Clan.” Yet Kennedy now bends the knee. But from Trump’s point of view at least, the MAGA-MAHA congruence seems tactical and temporary. If he becomes president again, Trump seems sure to disappoint the woo-woo caucus.
The Trump Campaign Wants Everyone Talking About Race. The Atlantic - Politics by Adam Serwer
Sep 25, 2024 at 4:18 AM//keep unread//hide
Earlier this month, the self-identified “white nationalist” Donald Trump adviser Laura Loomer said that if Vice President Kamala Harris wins, “the White House will smell like curry & White House speeches will be facilitated via a call center.”
Asked what he thought of Loomer’s remarks, the GOP vice-presidential candidate, J. D. Vance, said he didn’t “like” them, but then continued, “Whether you’re eating curry at your dinner table or fried chicken, things have gotten more expensive thanks to [Harris’s] policies.” The line about inflation would have worked without the mention of fried chicken and curry, but then it would not have included a belittling reminder that Harris is of Black and Indian descent.
Now, the notable thing is not the void where Vance’s sense of humor should be—that’s an old story. What’s going on here is emblematic of the Trump campaign’s strategy, which is to try to make race the big issue of the campaign, via incessant trolling, lying, and baiting of both the press and the Harris camp. The racism rope-a-dope is one of Trump advisers’ favorite moves—say something to provoke accusations of racism, then ride the wave of outrage over your critics’ perceived oversensitivity.
The theory is that by supercharging the salience of race—a reliable winner with huge swaths of the electorate—they can compensate for the unpopularity of the Trump campaign’s actual policy agenda: its plans to ban abortion, repeal protections for preexisting conditions in the Affordable Care Act, deregulate Big Business, and cut taxes on the wealthy while raising them on everyone else. The campaign wants people—white people in particular—thinking about race, and hopes that these kinds of appeals will activate the necessary number of voters in the key swing states where the electorate is more conservative than the country as a whole. As Molly Ball reported in 2017, based on polling from the former Trump adviser Kellyanne Conway, another former Trump stalwart, Steve Bannon, developed a plan to galvanize white voters with race-baiting on immigration.
The belief that demagoguery on immigration is politically potent is why conservative media erupt with saturation coverage of the perennial migrant caravans every election season. The right sees as its most effective message the argument that immigrants, particularly nonwhite immigrants, are going to come to America and take or be given that which belongs to you. Encounters at the southern border have dropped precipitously in recent months, however, owing to a crackdown by Mexican authorities, and in the absence of that reliable scapegoat, the Trump campaign found a new one, spreading lies about hardworking Haitian immigrants in Springfield, Ohio.
“What it is is: Imagine if this explosion of migrants or illegals happened on your block, in your neighborhood? You don’t have a clearer real-world example of the consequences of these Biden-Harris immigration policies, and most voters do not want that to happen where they live and send their kids to school,” a Trump adviser told Rolling Stone’s Asawin Suebsaeng. He added that the Trump campaign believes “this is a surefire political winner for them.”
As soon as Harris became the nominee, Republicans began goading her. Republican elected officials immediately attacked Harris as a “DEI hire,” accusing the former district attorney, attorney general, and senator, who has spent more time in elected office than either member of the GOP ticket, as unqualified. Trump went to the National Association of Black Journalists convention and falsely accused Harris of recently “becoming” Black. The Trump campaign has charged Harris with wanting to “import the third world,” a framing that implicitly suggests that Americans of non-European descent don’t belong here. In August, Trump shared an image of dark-skinned people with the caption, “If you’re a woman you can either vote for Trump or wait until one of these monsters goes after you or your daughter.” Trump’s dehumanizing rhetoric about immigrants “poisoning the blood of the nation” predates Harris’s entrance into the contest, but the Trump campaign’s focus shifted once the child of Jamaican and Indian immigrants took center stage.
“They’re coming from the Congo. They’re coming from Africa. They’re coming from the Middle East. They’re coming from all over the world—Asia,” Trump told supporters last week. “What’s happening to our country is we’re just destroying the fabric of life in our country … We’re not going to take it any longer. You got to get rid of these people. Give me a shot.” Trump makes no distinction between illegal and legal immigration here, and Vance has already announced that the distinction doesn’t matter to him. What matters is that people who are not white do not belong here, unless they happen to be married or related to Vance; then he’s willing to make an exception.
This is a racist politics straight out of the 19th century. Even as it foments racist fears about nonwhite people, the Trump campaign draws accusations of racism—which makes race more salient to white people who will feel defensive and rally around the campaign.
In her book, White Identity Politics, Ashley Jardina distinguishes between a politics of racism and white identity—one that is useful for understanding what the Trump campaign is doing. Some white voters who are not ideologically opposed to stronger social-welfare policies in general can be manipulated by appeals to the sense that white people as a group are threatened.
“White identity is sometimes latent, but it is also reactive—made salient by threats to the dominance of whites as a group,” Jardina writes. Politicians seeking to activate that sentiment “can make racial appeals that not only take advantage of the hostilities whites feel toward racial and ethnic minorities, but also ones that appeal to whites’ desire to protect and preserve their group’s power.”
The Trump campaign’s more overtly racist rhetoric is meant to capture the support of the former group, while its race-baiting is intended to provoke attacks that will activate a sense of white solidarity. “I want them to talk about racism every day,” Bannon told The American Prospect in 2017. Vance was so desperate to bait Democrats into such accusations that, in July, he awkwardly suggested to a confused audience of supporters that liberals would accuse him of racism for drinking Diet Mountain Dew. Sadly for him, they waited until Vance went all in on repeating baseless lies about Black immigrants.
“For Trump, this kind of explicit race baiting has been effective,” Jardina, a professor of politics at the University of Virginia, told me. But, she added, “I think that it’s still somewhat of a risky strategy for Trump. It activates his core group of real MAGA conservatives, who have rallied around white identity. But I think there’s a segment of the white population who finds this at least distasteful, if not appalling.”
Harris’s campaign, by contrast, is avoiding talk of race, especially when it comes to the candidate herself. Barack Obama warned Americans not to support his candidacy as a means of “racial reconciliation on the cheap,” but his candidacy was nonetheless seen as a fulfillment of the civil-rights movement’s aspirations. His success led to the rise of Trump, who defeated Hillary Clinton, whose campaign aspired to break “the highest, hardest glass ceiling.”
Harris uses none of the soaring rhetoric of the Obama campaign or the overt feminist appeals of the Clinton campaign. The Harris camp's stated policy goals are relatively modest, with none of the revolutionary tone of the Bernie Sanders campaign or the wonky radicalism of Elizabeth Warren. To look at the Harris campaign is to observe a Democratic Party chastened by backlash.
Harris is running, as best she can, as a generic Democrat—the kind who polled so well against Trump in the past. There is scant use of the more radical language used to discuss systemic racial or gender inequalities, and relatively little about the ongoing scourge of discrimination. Her campaign’s Issues page does not mention racial inequality directly. Harris has moved to the right on crime and immigration, matching a public that has also shifted in Trump’s direction. The Harris campaign is behaving as though it understands exactly what Trump is trying to do, and is attempting to neutralize that despite having a Black woman at the top of the ticket.
You can see the campaign’s approach in how Harris responds to the Trump campaign’s overt, incessant, and often personal race-baiting. After Trump’s remarks about her at the NABJ convention, Harris merely dismissed the comments as “the same old show: the divisiveness and the disrespect. And let me just say, the American people deserve better.” At the debate, Harris responded with similar framing—as though Americans were the target of Trump’s racist remarks, and not her. “Honestly, I think it’s a tragedy that we have someone who wants to be president, who has consistently, over the course of his career, attempted to use race to divide the American people,” Harris said. In this way, she can condemn Trump’s remarks without making it seem like she is, in right-wing parlance, “playing the race card.” Whether consciously or not, Harris’s recent remarks about gun ownership—she told Oprah that anyone breaking into her home is “getting shot”—tell conservative-leaning white people that she shares their fears about crime, another point of emphasis for Trump that involves lurid descriptions and exaggerations.
It is not a coincidence that Harris’s harshest condemnations of Trump have come in response to remarks he’s made about other people—namely the falsehoods he has spread about the Haitian immigrants in Springfield. But even then, although Harris criticized Trump for “spewing lies that are grounded in tropes that are age-old,” her focus was on Trump’s dishonesty, not his racism, insisting that Trump “cannot be entrusted with standing behind the seal of the president of the United States of America.”
Harris’s delicate responses to Trump’s overtly racist remarks and race-baiting are indicative of the tightrope the Harris campaign has to walk, and explain the unrelenting racist bombast of the Trump campaign. Trump needs to turn Harris into a threatening figure, and Harris has to defuse those appeals with all the caution of a bomb squad trying to disarm an explosive.
Sunday, September 22, 2024
Nate Silver's "On the Edge" Is Wrong About Gambling and Risk. By Dave Karpf
Read time: 9 minutes
Nate Silver offers a disjointed paean to gambling and venture capitalists.
September 20, 2024, 3:00 PM
By Dave Karpf, an associate professor in the School of Media and Public Affairs at the George Washington University.
Nate Silver’s first book, The Signal and the Noise, was published in 2012, at the peak of his career as America’s favorite election forecaster. The book was a 534-page bestseller. It set out to answer a perfectly Nate Silver-shaped question: What makes some people better than others at predicting future events? It provided a wide-ranging, deeply engaging introduction to concepts like Bayes’s Theorem, Isaiah Berlin’s The Hedgehog and the Fox, and Philip Tetlock’s work on superforecasting.
Twelve years later, Silver is back with a second book. It is titled On the Edge: The Art of Risking Everything. It is longer than the first one—576 pages, cover-to-cover. And yet it manages to be a much smaller book.
Silver is still in the business of prediction. But where the Silver of 2012 was contributing to the world of public intellectuals, journalists, academics, and policymakers —what he now terms “the Village”—the Silver of 2024 makes his home among the risk-takers and hustlers in Vegas, Wall Street, and Silicon Valley. On the Edge is an ode to the expected-value-maximizing gamblers’ mindset. He calls this the world of “the River.” These “Riverians” are his people. And, he tells us, they’re winning. He sets out to give his readers a tour of the River and distill some lessons that we ought to take from its inhabitants.
The “river” is a term borrowed from poker itself, a game defined by two forms of incomplete information: You don’t know the cards your opponent has been dealt, and you don’t know the cards that are yet to come. In Texas Hold ’em, the final round of betting is called the “river.” It is the moment when the information at your disposal is as complete as it will ever be
Among poker players, this makes the river a rich metaphor. It’s Election Night, waiting for the votes to be tallied, as opposed to a convention or presidential debate, when the shape of the electorate is still undetermined. The best laid plans can be undone by an improbable river card. It’s the final score. The moment of truth. But when Silver talks about “Riverian” culture, he is not drawing upon or referring to any of this established imagery. Instead he deploys it as a catch-all term for embracing risk, identifying profitable edges, and wagering on your beliefs. It’s an odd and awkward writing choice.
The book starts out with a tour of the sheer scale of the literal gambling economy. In 2022 alone, Americans lost $130 billion in casinos, lotteries, and other gambling operations. That’s the amount lost, mind you. The amount wagered was approximately tenfold larger. Gambling in the United States is a $1.3 trillion dollar industry, and still growing.
Elsewhere in the book, he explains how casinos have developed rewards programs and programmed slot machines to keep people hooked. He also lays out the cat-and-mouse game between the online sportsbooks and profitable sports bettors. Much like with casinos and blackjack, if you are good enough at sports betting to reliably turn a profit, then the sportsbooks will stop accepting your bets. The house does not offer games that the house doesn’t win. And, in the United States today, it is very good to be the house.
People gather around a craps table at a casino. Slot machines are seen behind the table on a crowded casino floor.
People gather around a craps table at a casino. Slot machines are seen behind the table on a crowded casino floor.
Guests play craps at a casino in the southwestern Las Vegas valley on Dec. 5, 2023.Travis P Ball/Sipa USA via Reuters
In Chapter 6, Silver writes, “Here’s something I learned when writing this book: if you have a gambling problem, then somebody is going to come up with some product that touches your probabilistic funny bones. … And whichever product most appeals to your inner degen will be algorithmically tailored to reduce friction and get you to gamble even more.”
Most of us would think this is a bad thing. But Silver stubbornly refuses to reflect on whether the unchecked growth of the gambling economy has any negative externalities. Chapter 3, on the casino industry, reads like a book on the opioid industry lauding the Sacklers for really figuring out how to develop product-market fit.
Structurally, the book is a bit disjointed. It is broken into two parts, with an interlude listing the “thirteen habits of highly successful risk-takers” in between. Part 1 glorifies the gambling industry. The interlude reads like a self-help book: “Successful risk-takers are cool under pressure … have courage … take shots … are prepared.” Part 2 meanders through Silicon Valley, discussing everything from the fall of Sam Bankman-Fried to Adam Neumann’s latest real estate start-up, along with an entire chapter explaining artificial intelligence through poker analogies. Silver clearly has a lot to say, but it doesn’t entirely hold together. In the acknowledgements at the end of the book, Silver thanks ChatGPT, describing it as his “creative muse.” I’m not convinced the contribution was a positive one.
Missing from the book is any notion of systemic risk. Silver explains the growth of the gambling economy as evidence of a demand-side increase in risk-taking behavior among the post-pandemic public. But this seems more likely to be a supply-side story. The Supreme Court legalized sports betting in 2018. DraftKings and FanDuel wasted no time in flooding the airwaves with enticing advertisements and can’t-lose introductory offers. Casinos—which used to be constrained to Las Vegas and Atlantic City—are now available in nearly every state.
Polymarket, a cryptocurrency-based online prediction marketplace that will let people place bets on essentially anything, went ahead and hired Silver to help promote the product. We legalized vice and removed most of the friction from the system. What’s good for the casinos and the sportsbooks is not necessarily good for society at large.
An increase in gambling addiction is a society-level problem, foisted on the very public officials that Silver derides as residents of “The Village.” Gambling, like cigarettes, should probably face more institutional friction, not less: If you want to waste your money betting on sports or gambling on cards, it ought to at least be moderately difficult to do so.
There’s an unintentionally revealing passage in Chapter 4. Silver devotes nearly four pages to Billy Walters, regaling us with stories of “the best sports bettor of all time.” And in the final paragraph of the section, he lets slip that Walters was sentenced to five years in prison for insider stock trading in 2018. In a footnote, we learn that Walters’s sentence was commuted by Donald Trump on his last day in office. Walters stubbornly maintains his innocence, while Silver notes that “sports bettors often take a cavalier attitude toward inside information in sports. … The Securities and Exchange Commission is much less likely to give you the benefit of the doubt if you’re betting on stocks.”
It’s a crucial passage for two reasons: First, because much of what gives profitable sports bettors an “edge” is materially significant, non-public information. If you can develop sources that will inform you whether the star quarterback is returning from injury, you can use that information to beat the betting lines. The sportsbooks might eventually stop taking your bets if you win too much, but you won’t go to jail for it.
That edge rarely exists in finance, because of systemic risk. The United States has constructed a whole set of regulations and investor protections to mitigate the downside risk of all this “Riverian” gambling, and guard against crime. Poker players, sports bettors, and venture capitalists flourish in regulatory gray zones, where the rules are less well-defined and the edges are available if you’re smart and you’re willing to hustle.
But the second reason is that it invites us to ponder whether there’s any societal value to all this gambling. The stock market may essentially be gambling, but it is a type of gambling that produces valuable byproduct information. Through the activity of the stock market, we are able to gauge aggregate investor opinion on the state and worth of publicly traded companies. What is the social benefit of building an equivalent marketplace for establishing the betting line on NBA games? Sophisticated sports bettors may have a better read than DraftKings on whether the Washington Wizards should be 7.5- or 8-point underdogs in their season opener. But what value does that add to the quality of play, or the fan experience, or anything at all? Why incur and encourage all the systemic risk, when the societal value is effectively nil?
Sam Bankman-Fried wearing a suit and tie walks behind a window.
Sam Bankman-Fried wearing a suit and tie walks behind a window.
Sam Bankman-Fried arrives at the U.S. federal courthouse in New York City on March 30, 2023. Ed Jones/AFP via Getty Images
Silver asks and answers none of these questions himself. In the rare passages of the book where he offers some critique of Riverian excess, he makes sure to reassure the reader that he is “not a prude.” In Chapter 8, after mentioning that the sheer, absurd concentration of wealth among Silicon Valley figures like Sam Bankman-Fried might, just maybe, be a bad thing, Silver immediately backpedals, reminding his readers that he plays “poker with venture capitalists and hedge fund guys. I’m a capitalist.”
I suspect this would be a better book if he had less to lose. I myself have been a “+EV” poker player for over 20 years, meaning I win quite a bit more than I lose. I don’t play for the same stakes as Silver, but my poker bankroll includes seven different currencies from four continents. And I can tell you that I would strongly consider committing a few misdemeanors to land a seat in one of those VC/hedge fund games. Silver doesn’t boast about his win rate, but he does let slip that the first time he was invited to play cards with Jason Calacanis and the other hosts of the All-In podcast, he “won enough money to buy a Tesla.”
If I was in Silver’s shoes, I would be wary of writing a book that could get me uninvited from those pillow-soft high-stakes poker games. He can make more money, and have more fun, by offering a gentle exploration, critique, and defense of “the River” than he would by raising questions that would make the notoriously thin-skinned VC crowd uncomfortable. Silver manages to interview a lot of powerful people who rarely speak to journalists, but when they talk to him, they tell him nothing of note.
Nate Silver in a suit jacket and button-up shirt sits on stairs surrounded by gold railing holding a cell phone.
Nate Silver in a suit jacket and button-up shirt sits on stairs surrounded by gold railing holding a cell phone.
A portrait of Nate Silver, the founder of FiveThirtyEight, in Nov. 9, 2012. Nam Y. Huh/AP
It also is not clear whether most of the “Riverian” character traits are actually so unique. In the book’s later chapters, Silver rails against “The Village’s” public health response to the COVID-19 pandemic. Riverians, he tells us, would’ve handled the pandemic differently, because Riverians are expected-value maximizers who understand the fundamental importance of cost-benefit analysis. Hindsight does a lot of heavy lifting for him here, and the notion that public health officials are unfamiliar with cost-benefit analysis is painfully ridiculous. Cost-benefit analysis is not some arcane Riverian wisdom. It is intro-level textbook material.
Silver’s experience in the poker world has convinced him that the world should be more like poker. My own experience with poker has convinced me of the opposite. It is because I am skilled at the game that I think people ought to know what they’re getting into before sitting down at the table with me.
He’s right about one thing, though: The Riverians are indeed winning. The Wynn Casino, DraftKings.com, and Andreessen Horowitz are indeed all phenomenally profitable. The part that eludes him is the reason why. They are winning because we have constructed a system that they are well-positioned to exploit. There is a good book waiting to be written about how they have gamed the system, what it all adds up to, and what it costs the rest of us. But this book’s ambitions are much smaller than that.