In your dreams, Professor

Harvard professor D. Quinn Mills has written a novel predicated on one of the more absurd premises I've come across in a lifetime of loving political novels.

Blue! Red! is about the Second American Civil War. Between the Republicans and the Democrats.

Yes, that's what I said.

In Mills' fevered fantasy, the Democrats have twice in a row been cheated out of the presidency by Republican chicanery. Their candidate- a thinly-disguised Hillary Clinton- is at the point of becoming victim number three. Partisans of the two camps erupt in violence, which finds its focus in... college football games. Finally, the Rose Bowl- between a Red State Big Ten champion, and a Pac Ten Blue State team, played to an empty stadium for fear of violence- somehow becomes a kind of surrogate combat between the two sides.

Uh-huh.

Besides the weakness of the plot in purely literary terms, there is a crucial defect in the premise- if, that is, the book is taken as what it is obviously intended to be: a reference to the whining on the Left that the presidential elections of 2000 and even 2004 were somehow stolen by the Republicans.

In the first place, while there was evidence of some chicanery on both sides in Florida in 2000, the evidence overwhelmingly indicts the Democrats, rather than the Republicans, as the ones who tried to pull a fast one and reverse the verdict of the electorate. Despite plenty of allegations of "voter intimidation," only one- in a polling place in a heavily Republican Haitian precinct in Miami, which had to close its doors because voting there was disrupted by Democratic goons- has actually been substantiated. Dozens of complaints of outright fraud in the handling of ballots in Democratic precincts during the manual recount- a process resisted by the Bush campaign precisely because it is notorious for facilitating vote fraud- were lodged. And the election in Florida would not even have been close enough to justify a recount had thousands of convicts (a population which votes heavily Democratic, when allowed to) not been illegally counted, whereas thousands of legally cast military ballots (from a heavily Republican constituency) improperly excluded.

There is another, little-known aspect to the 2000 Supreme Court decision which needs to be taken into account. The day after it was handed down was the constitutional deadline for the actual voting by the electors. Had a final result for Florida not been declared that very day, Florida's electors would have been excluded, the people of Florida would have been disenfranchised- and Al Gore would have been elected by the majority of the electors from the other states.

In other words, the election would have been stolen. By the Democrats- whose own litigation and delays were what dragged the recount out unnecessarily, and- intentionally or not- created that very dilemma!

The second thing is that, as the article linked to above points out, only the most extreme and paranoid Leftist seriously thinks of the 2004 election as disputed. The result wasn't close enough for it to qualify, either in Ohio or nationally.

I short, Professor Mills- who, oddly enough for a person of his political persuasion, teaches Business Administration- probably shouldn't quit his day job.

HT: Rev. Mike Zamzow

Comments

Anonymous said…
Had a final result for Florida not been declared that very day, Florida's electors would have been excluded, the people of Florida would have been disenfranchised- and Al Gore would have been elected by the majority of the electors from the other states.

It wouldn't have gotten that far. The Florida Legislature was set to set aside the disputed election and appoint its own slate of electors (which was their duty under Florida election law).

I would have liked to see that, but perhaps it is just as well the Supreme Court stepped in.
Anonymous said…
Here is a link.

ANTHONY LEWIS: ...the Florida legislature, which, you know, is talking about ignoring the voters and just declaring Bush the winner. I think that would have very grave consequences for the country and I hope they don't do it.

TERENCE SMITH: Why do you say that, Tony Lewis?

ANTHONY LEWIS: Well, it's all very well to play games and say that the Constitution designates the legislature in each state to set up the rules for appointing electors, which the Constitution does, but for a very long time now we have chosen the electors by popular vote. And suddenly after a hundred years and more, really since the Civil War, 140, 135 years, to come in and say, well, we the legislature are going to take over this process because we lost in the courts, I think the American public would not like that and it would be the opposite of the rule of law which everybody was just now talking about so reverently.


Mr. Lewis would call it "the opposite of the rule of law". What a complete misunderstanding. It is the law that the Florida Legislature has the duty to set aside a disputed election and directly appoint the electors. It is sad the level of constitutional ignorance.
Actually, it already had gotten that far. What the Supreme Court did was to set aside the ruling of the Florida courts that restrained that action pending the result of a recount which could never have been finished in time. In fact, the substance of the ruling was that the ruling could stand- but only if the recount were finished and a result obtained within the next hour and a half! If you remember, the first impression most reporters had as they started to read the decision was that the court had ruled for Gore, because it didn't order the count stopped. It just cleared the way for electors to be certified without it if it wasn't finished in time- which, of course, it couldn't have been.

I'm not sure it was ignorance on Lewis's part. More a matter of partisanship, and a selective reading of the law.
Anonymous said…
I guess I don't quite remember the timeline, but I remember members of the Republican Legislature giving a press conference announcing that if the vote was still contested by the deadline, they would appoint their own slate of electors.

That must have been before the SCOTUS announced it would take the case, which of course, changed their plans.
solarblogger said…
Civil War between Republicans and Democrats? As a Libertarian, I don't see enough difference between them as parties. The Red State/Blue State divide looks real to me, but I think the differences are ultimately deeper than the party system.

I would hope it would take an actual issue to start a Civil War.
Oh, i'd say abortion, gay marriage, stem cell research, the acceptance of homosexuality, immigration amnesty, compulsory political correctness, and a whole bunch of issues are rather significant differences between the parties, Solar.

Though I should say that if there were a civil war between Libertarians and everybody else, I'd be shooting at you.
Jeff, as I recall, the Florida courts had ruled that the couldn't- which is how the case got to the Supremes.

Could be wrong. But the fact remains that the decision was handed down two or three hours before the deadline.
Anonymous said…
Well before it comes to shots being fired, maybe there is more you can do Mr. Waters, to ensure the libertarians don't accomplish their dasterdly oppressive plan to get elected to office then leave everyone pretty much alone.
Anonymous said…
The U.S. Supreme Court has upheld the exclusive right of state legislatures to appoint electors. In McPherson v. Blackmer, in 1892, the Court declared that "the appointment of these electors is thus placed absolutely and wholly with the legislatures of the several states." No other branch of state government can interfere with the power and duty of the legislature to fulfill the Constitution's command. As the court said, "this power is conferred upon the legislatures of the States by the Constitution of the United States and cannot be taken from them or modified by their State constitutions."
As to the Libertarians' plan to get elected to office and then commit non-feasance in office, there's nothing that needs to be done to prevent it. Nobody would ever vote for them in the first place.

Libertarianism is an impractical philosophy on the fringe of the American political spectrum. Libertarians are, and always will be, a non-factor in American politics.

As to McPherson, sounds to me like stare decisis might not be such bad thing after all, eh?
Anonymous said…
As to McPherson, sounds to me like stare decisis might not be such bad thing after all, eh?

I was just speaking your language :)

There's no reason not to "let it stand" when the court gets it right. Here is the raw constitutional argument, from the same Wall Street Journal article:

Florida's legislators have a constitutional duty to ensure their state appoints electors. Article II, Section 1 of the Constitution says that "each State shall appoint, in such Manner as the Legislature thereof may direct, a number of Electors." Despite the Florida Supreme Court's free-wheeling approach to statutory interpretation, the Constitution's use of the word "shall" requires the legislature to ensure participation in the Electoral College.