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Whoever wins the legal battles over the election, and with them the presidency, recent events will cast a long shadow over American political life in the years ahead. For the first week and a half, the behavior of the two parties did not differ much. Both were playing legal hardball while pretending to act on a basis of high principle. Principles are general rules that are supposed to guide conduct in each case as it arises. Vice President Al Gore and Governor George Bush were doing it the other way around: Their conduct in each case was guiding their choice of principles. Often, this comically required throwing out yesterday's principle in favor of its opposite today. For instance, not twenty-four hours after Bush's strategist-in-chief, former Secretary of State James Baker, had delivered a public sermon on the need to avoid legal action in order to reach "closure" in the election, he was filing a federal case to overturn Florida's election laws. Gore meanwhile was lecturing the country on the importance of counting every vote while fighting to exclude absentee ballots, known to favor Bush. Quite missing on either side was any instance of action taken against self-interest in the name of principle, which is to say any principled act. None of this, however, was perhaps very surprising. The candidates were merely behaving the way lawyers always do in courtrooms. Each was pressing his side's interest to the utmost in the hope of influencing the decisions of the judges.

The tone abruptly changed on the Republican side with the decision by the Florida Supreme Court to permit the recounts of counties that had been sought by Gore. For the first time since election night, the GOP was faced with the prospect of losing the election. Its response was to make an incendiary accusation: that Gore was engaged in a "theft" of the election, as the House majority whip, the impeachment zealot Tom DeLay, put it. The charge was accompanied by a campaign to delegitimize the Florida Supreme Court. In a remarkable statement of defiance, Baker declared the Florida decision "unacceptable," and Bush charged that what the court had done was to "usurp" the powers of the Florida legislature and executive.

Of course, if Gore had been stealing the election, it would have been the obligation of the Bush campaign as well as any other responsible person, Republican, Democrat or other, to point this out and vigorously protest it. In fact, the charge was baseless. The point is not that the particulars of the Republican allegations--that the Florida court had overreached its authority, that Democratic officials were changing the rules for counting votes midstream, that the Gore campaign was demanding multiple recounts--were false (some had merit, some did not--just as some of the Gore campaign's charges against the Bush campaign's legal maneuvering had merit and some did not); it was that even if all the charges were true they did not come anywhere near to justifying the sensational conclusion that Gore was "stealing" an election. To steal an election, after all, would be a crime. If the accusation were true, Gore should not only lose the election; he should be thrown in jail. The fact that a false and defamatory charge of this magnitude--a big lie, if there ever was one--was made by the campaign of a man who may soon be President itself severely damages the political system. For to the extent that people believe it, they must believe that American democracy is a sham, and the American political system is exactly as strong as the support it gets from the American people, and no more.

The campaign of accusation and vilification, moreover, had an evident purpose: to justify extraordinary recourses contemplated by the Bush campaign. One was the step of inviting the Republican-dominated Florida state legislature to ignore the election result and itself appoint electors. Baker solicited this action in the press conference in which he called the Florida decision unacceptable. Another was a challenge to the results by Congress. News reports suddenly appeared that DeLay was "studying" this option. Either option would have guaranteed a full-scale constitutional crisis. In short, by charging that Gore was stealing the election, the Republicans had laid the ground for the eruption of a self-created political Vesuvius in the event that the recounts placed Gore in the lead.

Of course, things didn't work out that way. Gore did not catch up, and Vesuvius stayed quiet. It is important to reflect on how this happened. The answer is that Miami-Dade County, where the beginnings of a recount had strongly suggested that its completion would give Gore the lead in Florida, abruptly called it off. On the morning of the Wednesday before Thanksgiving, the board of canvassers decided that in the interest of time it would count only those ballots that had gone uncounted by the voting machines. In the afternoon, they decided to cancel even that smaller recount. It was the decisive moment. In all likelihood, it cost Gore the certification and, perhaps, the election. In the interval between the decision to do a partial recount and the decision to cancel it, there was a minor Republican riot inside and outside the county building. When the canvassing board moved to a new room that made observation more difficult, GOP Representative John Sweeney of New York ordered, "Shut it down!" and, in the words of Wall Street Journal columnist Paul Gigot, who witnessed the scene, "semi-spontaneous combustion took over." Republican observers of the election pounded on doors and walls. Democratic observers trying to give interviews to the press were shouted down. Television cameramen were punched. A Democratic counter falsely accused of stealing a ballot had to be given police protection. A canvasser told Bill Redeker of ABC News right after the demonstrations that he had been "convinced that what we were doing was perceived as not being fair and open." Approached by reporters, the demonstrators strangely would not give their names. We now know that many of them were Republican House staffers, organized by the very Tom DeLay who had said the election was being stolen. Others were operatives of the Bush campaign. It was not Vesuvius; it was a taste of lava from a small crack that had been opened in the volcano. But it may have been enough to deny Gore the White House. Gigot commented, "If it is possible to have a bourgeois riot, it happened here Wednesday. And it could end up saving the presidency for George W. Bush." It is, indeed, possible to have a bourgeois riot. Without suggesting any historical equivalence, let us recall that Mussolini, Hitler and supporters of Pinochet, among others, managed to do it.

Intimidation was in the air. That George Bush--he who was going to stop the "bickering in Washington" but has waged political war in Florida--countenanced the result is especially discouraging. It dims to the vanishing point any hope that if elected he would be willing or able to rein in the firebrands of his party. Meanwhile, Bush's announcement that he will begin a transition with private funds is merely the same medicine in more palatable form. The message is unchanged: We are entitled to rule; give us what we want--or else. The riot in the county building was a sample of what the Republicans had in mind. The threats to precipitate a constitutional crisis were others. For now, the Republicans have been placated. Bush won his certification, and has crowned himself President-elect. But the threat has not been withdrawn and will probably be carried out if the legal cases turn in Gore's favor. Vesuvius has not been dismantled. It is being held in reserve for further use in the unfolding election crisis, or thereafter.

The postelection battle for the presidency is without doubt some kind of crisis, but it's not easy to define precisely what kind. David Broder has suggested in the Washington Post that it grows out of deep divisions in the country. "The nation has rarely appeared more divided than it does right now," he writes, and attributes the phenomenon to quarrels left over from the 1960s among the "polarized baby boomers." Of course, it's true that the vote for Congress as well as the President was exceedingly close, and in that sense the country is, literally, divided. Division, however, should not be confused with polarization. On the contrary, the even split of the electorate can be attributed to the opposite of polarization--namely, the centrism of the candidates. Each carefully tailored his campaign to appeal to a reportedly contented "center," and each, unsurprisingly, won nearly half of it. The fact is that the United States, prosperous and at peace, is, politically speaking, more asleep than it is agitated. Almost 50 percent of the public did not bother to vote. Not a division in the country but a division between two politicians to win over a united country has been the source of the turmoil.

The battle, then, is between the parties rather than the people. It is, in the words of social critic Tom Engelhardt, a crisis of politics but not of the polity. A top-heavy establishment--overfunded, overpowerful, overcovered--has imposed its power struggle on a country that wants no part of it, except, perhaps, as entertainment. Almost entirely lacking in substance, that struggle possesses the logic more of vendetta than of authentic competition. A better analogy than the ideological divisions of the sixties would be the feuding Hatfields and McCoys of legend, or perhaps the Guelphs and Ghibellines of the Middle Ages. Like two armies fighting an unpopular war, both parties try to recruit support from a populace that for the most part would just as soon watch football. The consequence is the disconcerting spectacle before our eyes of all-out political war in a politically apathetic land.

It is important, though, to be more exact in assigning responsibility for the disturbance. The pressures of American politics create a temptation among journalists to practice a meretricious even-handedness in judging the parties. It is, of course, important for journalists to be nonpartisan. That is, they should exercise independent judgment, uninfluenced by any party interest. Being nonpartisan, however, does not mean blaming the two parties equally in all situations; it means judging both by the same standards and letting the chips fall where they may. If they are equal offenders, then that should be said, but if one party is by far the greater offender, then that must be said, too, even if it falsely creates an appearance of partisanship.

Such is the case at present. The Democrats have hardly been pacifists in the struggle. Their record is barren of moves taken for any evident reason but winning the presidency. The language of Gore's spokesmen and lawyers has at times been intemperate, as when the lawyer Alan Dershowitz called Florida's Secretary of State Katherine Harris "a crook." Yet by far the most dangerous escalations have come from the Republican camp. During the first ten days of the crisis, the fight was kept within certain bounds on both sides. Then came the Florida Supreme Court's decision to order Harris to refrain from certifying the election until further instruction. The GOP responded with a torrent of unsubstantiated defamation of the Gore campaign and of the boards conducting the recount in Florida. House Republican whip and impeachment zealot Tom DeLay announced without evidence that the election was "nothing less than a theft in progress" in Florida. A new spokesman for the Bush campaign, Governor Marc Racicot of Montana, charged that Democratic supervisors, by disallowing absentee military ballots without postmarks by Election Day and with other deficiencies, "have gone to war in my judgment against the men and women who serve in our armed forces," and opined that "when the American people learn about these things, they're going to ask themselves what in the name of God is going on here." Governor William Janklow of South Dakota announced that the Democrats "are going to steal the election." And Bush's press secretary, Karen Hughes, accused the Gore campaign of "reinventing and miscounting the true intentions of the voters."

At the same time, Republicans were beginning preparations to carry the battle beyond the Florida courts--into the Supreme Court, the Florida legislature and Congress. Former Senator Bob Dole and other Republicans said they might consider boycotting a Gore inaugural. Implicit in these preparations was the threat that if Bush didn't get his way in Florida the Republican Party was prepared to turn what so far has been a legal battle in one state into a true constitutional crisis. In that case, the mere party crisis, arising out of nothing more than a few people's love of power and lack of restraint in grasping for it, will have, by their single-handed efforts, created the national division that the country itself has failed to produce.

He's full of plans for joining the Green Party to citizens' movements. His critics, he says, are "frightened liberals."

There's an easy way to take your own pulse, and that of anyone you know, concerning the vertiginous events of the night of November 7. Was the apparent non-outcome really a "mess" or a crisis? Or was the pre-existing system a sordid mess and a crisis waiting to happen? If you choose the second explanation, then the meltdown of all the fixers and self-appointed gatekeepers and pseudo-experts, as well as being a source of joy, is also an unparalleled opportunity, an occasion for a long-postponed national seminar on democracy and how to get it.

As rain dances used to serve certain primitive tribes and scripture still serves true believers, the two-party system serves as the religion of the political class. Never mind that more than 50 percent of Americans may not share the civic religion, answering yes to pollsters when asked if they would prefer more than two choices (and that includes many regular voters as well as the bulk of habitual nonvoters). Nevertheless, every new party that has ever tried to establish itself has been treated by the political priesthood as a blasphemer--an evil force that inevitably contributes to the disastrous victory of the more detested of the two major candidates. Perot elected Clinton. Nader elects Bush.

The real culprit in the current election imbroglio is the two-party system itself and the state laws supporting it. These laws exist to discourage new parties. Florida has come in for special attention because of the current crisis, but Florida is typical among states. The beautiful irony is that the laws written to discourage third parties have proved to be a double-edged sword, cutting for the moment against those responsible for the existence of those laws.

Consider first how the laws work against all new parties. It is not Providence that takes an energetic social movement and crushes it as soon as it chooses to advance its goals through elections. It is the laws of the state here on earth that keep the party system on life support by preferring two parties above all others. The key example will be found in the laws of the states and Congress that mandate the single-member district system of representation plus the plurality or first-past-the-post method of election. Another historic example is provided by the "antifusion" laws in all but a half-dozen states, which prohibit joint nomination, whereby a third party seeks to nominate for its ticket the candidate already nominated by one of the major parties. Even the Supreme Court has approved such laws with the argument that having the same name in two places on the ballot would confuse the poor, defenseless voters.

Add to all this the new gerrymandering. Traditional gerrymandering was at least a genuine struggle between the majority parties to dilute the vote power of the other party by concentrating a maximum of their voters into a minimum of districts. The new method takes advantage of the Voting Rights Act by benign race-conscious gerrymandering in order to keep minorities within one of the major parties. In practice, blacks are guaranteed one or more additional Congressional or state legislature seats within the Democratic Party, while Republicans gain strength in districts from which the minority voters are evacuated.

Then there are the countless state laws that prescribe higher thresholds for the number of correct signatures required on third-party nominating petitions than for regulars on two-party ballots. Even the laws that apply equally to all parties are discriminatory, because they are written in such detail that ballot access for third-party candidates requires expensive legal assistance just to get through the morass of procedures. That mind-numbing detail is doubly discriminatory because the implementation of these laws thrusts tremendous discretion into the hands of the registrars, commissioners and election boards, all staffed by political careeristas of the two major parties, whose bipartisan presence is supposed to provide "neutrality with finality"--but it is common knowledge that they can agree with each other to manipulate the laws for the purpose of discouraging the candidacies of smaller and newer parties.

The same principles help explain why less than 50 percent of the electorate turns out to vote. Most of the blame goes to the forbidding proceduralism of registration, enrollment and eligibility and the discretionary power of local and county officials in implementation. And don't forget the gruesome timing of state election laws that restrict voting to one ordinary workday. The duopoly has a stake in low turnout. Virtually all expansion of the electorate (to include women, 18-year-olds, blacks) and the easing of restrictions on registration (judicial enforcement of the "motor voter" law) have been imposed on the state two-party systems from the outside by national social movements and federal courts.

Now, as poetic justice would have it, this legal structure is cutting the other way. Just look at the havoc it has wreaked: Loused-up ballots. Machine versus manual recounts. A lawyers' field day and the threat of court intervention that could cause a constitutional crisis or take Florida out of the electoral vote altogether. The Florida crunch can happen in any state where the results are extremely close and the outcome can change the national results.

That's because the two constituted parties cooperate well as a duopoly so long as market share is stable, with decisive election results. But whenever there is an extremely close election, the two parties become vicious antagonists, and the high stakes make it profitable for each to use its control of the electoral machinery as a weapon of mass destruction against the other. No war is more destructive than a civil war, and ordinarily the two parties have incentives to keep civil war from happening. Civil war in 2000 has broken out because two-party competition has turned from a public good to a public evil. The two-party system has at the moment become a menace to the Republic, made worse by the overwhelming weakness of the parties' presidential candidates and the impossibility of choosing between them when the only way to vote no for the candidate you hate is to vote yes for the one you can barely tolerate. And forget about having a good option when you hate both equally.

With Nader in the race, a lot of things got said that otherwise wouldn't have--no matter that the leading candidates excommunicated him. Making issues out of nonissues is what third parties are about, but those issues obviously did not create the stalemate we now confront. Stalemate is putting the case too mildly; mutual assassination is more like it. The crisis will not end with a certified recount in Florida. The civil war will continue, and the two parties will give us competition literally with a vengeance. Forget about smooth transitions. The FBI won't be ready with its security checks of top appointees, and the Senate will look at them with far greater than average scrutiny, even if the President's party is in the majority, because the Senate is run by sixty antifilibuster votes, not by mere majorities. That will apply in spades to judicial vacancies. Get ready for a Supreme Court of eight, seven, even six members, because as the vacancies occur, there'll be a majority against any nominee, even ones as mushy and fuzzy as President Bush or Gore will nominate. (The Constitution does not require any particular number of Justices on the Supreme Court.)

No exit? We have to turn the civic religion on its head and lionize the principle of a multiparty system, because its presence on a regular and expanded basis would relieve the two major parties of the need to be all things to everyone in order to get their phony majorities. We don't do that by inviting third parties to join the major parties on legal life support--as government-sponsored agencies. We do it by deregulating our politics. Hey, guys, deregulation. If you really meant it all these years, you Republicans and you Democrats, then be honest and deregulate yourselves. Take away the two-party safety net, by legislation and better yet by judicial review, and the democratic revolution can begin.

What if they held a presidential election and neither guy won? Or a dead man from Missouri defeated an incumbent Republican senator?

Providence put me on a panel debating the Gore/Nader choice with Cornel West at New York University in late October. Most of the audience was for Nader, and the lineup on stage did nothing to improve those odds.

Before the debate began, its organizers took a few moments to speak on behalf of the university's graduate students' struggle for unionization. So did West, who had been handed a flier about it from the floor. And as a man about to lose a debate (and a longtime grad student as well as an occasional NYU adjunct faculty member), I was happy for the interruption. Days later, the National Labor Relations Board set an important precedent by ruling in favor of the students. But here's what I don't understand. How can the student union supporters also be Nader supporters? Nonsensical "Tweedledee/Tweedledum" assertions to the contrary, only one party appoints people to the NLRB who approve of graduate student unions, and only one appoints people to the Supreme Court who approve of such NLRB decisions. No Democrat in the White House, no graduate student union; it's that simple. An honest Nader campaign slogan might have read, "Vote your conscience and lose your union...or your reproductive freedom...your wildlife refuge, etc., etc."

Well, Nader's support collapsed, but not far or fast enough. In the future, it will be difficult to heal the rift that Nader's costly war on even the most progressive Democrats has opened. Speaking to In These Times's David Moberg, Nader promised, "After November, we're going to go after the Congress in a very detailed way, district by district. If [Democratic candidates] are winning 51 to 49 percent, we're going to go in and beat them with Green votes. They've got to lose people, whether they're good or bad." It's hard to imagine what kind of deal can be done with a man whose angriest rhetorical assaults appear reserved for his natural allies. (The vituperative attacks on Nader, leveled by many of my friends and cronies on the prolabor democratic left, were almost as counterproductive, however morally justified.) But a deal will have to be done. Nader may have polled a pathetic 2 to 3 percent nationally, but he still affected the race enough to tip some important balances in favor of Bush and the Republicans. He not only amassed crucial margins in Florida, New Hampshire and Oregon; he forced progressive Democrats like Tom Hayden, Paul Wellstone, Ted Kennedy and the two Jesse Jacksons to focus on rear-guard action during the final days rather than voter turnout. If this pattern repeats itself in future elections, Naderite progressives will become very big fish in a very tiny pond indeed.

Perhaps a serious Feingold or Wellstone run at the nomination with a stronger platform on globalization issues will convince those die-hard Naderites to join in the difficult business of building a more rational, Christian Coalition-like bloc to counter corporate power within the party. For now, we can expect an ugly period of payback in Washington in which Nader's valuable network of organizations will likely be the first to pay. Democrats will no longer return his calls. Funders will tell him to take a hike. Sadly, his life's work will be a victim of the infantile left-wing disorder Nader developed in his quixotic quest to elect a reactionary Republican to the American presidency.

* * *

Giving Nader a run for his money in the election hall of shame are the mainstream media. Media portraits of both candidates were etched in stone, with nary a fact or figure allowed to intrude upon the well-worn script. Bush was dumb and Gore a liar; pretty much nothing else was allowed in the grand narrative. Like Nader, reporters assumed the enormous policy differences between Gore and Bush--on Social Security, prescription drugs, education, affirmative action, abortion rights, the environment--to be of trivial importance, hardly worth the time and effort to explain or investigate. The media's treatment of this election as a popularity contest rather than a political one between two governing ideologies was an implicit endorsement of the Bush campaign strategy, as the issues favored Gore. But even so, Bush was usually treated like some pet media cause. With regard to such consequential questions as his political program, his political experience, his arrest record, his military service, his business ethics, Bush was given a free pass by media that continued to hound Gore about whether he was really the model for Oliver in Love Story--which, by the way, he was. I guess being a Bigfoot journalist means never having to say you're sorry.

* * *

One election development that had to gladden New Republic owner Marty Peretz's heart was how bad it was for the Arabs. I got a call one day from a Republican Party functionary telling me that Hillary Clinton supported a Palestinian state and took money from groups that supported terrorist organizations "like the one that just blew up the USS Cole." I told the sorry sonofabitch that like Israel's Prime Minister, I, too, support a Palestinian state. And, if there was any justice in the world, Hillary's "terrorist" friends would blow up Republican headquarters while we were still on the phone, so I could enjoy hearing the explosion.

This heavy-handed bit of racist manipulation grew out of a story published, surprisingly, not in Rupert Murdoch's New York Post but in the putatively responsible and nominally liberal New York Daily News, owned by Mortimer Zuckerman. It was inspired by the machinations of one Steven Emerson, a discredited "terrorism expert" last heard trying to pin the Oklahoma City bombing on the Arabs by noting that "inflict[ing] as many casualties as possible...is a Middle Eastern trait." Each actor played a dishonorable role in the tawdry drama: The Daily News invented the story. The Lazio campaign brazenly exploited it. Hillary Clinton's campaign capitulated to it. Together with the media coverage of the main event, this mini-drama will go down in history as further evidence of that unhappy nostrum of American politics that this year seems to have escaped everyone from the Nader die-hards to Palestinian militants: Things can always get worse.

So it all came out right in the end: gridlock on the Hill and Nader blamed for sabotaging Al Gore.

First a word about gridlock. We like it. No bold initiatives, like privatizing Social Security or shoving through vouchers. No ultra-right-wingers making it onto the Supreme Court. Ah, you protest, but what about the bold plans that a Democratic-controlled Congress and Gore would have pushed through? Relax. There were no such plans. These days gridlock is the best we can hope for.

Now for blaming Nader. Fine by me if all that people look at are those 97,000 Green votes for Ralph in Florida. That's good news in itself. Who would have thought the Sunshine State had that many progressives in it, with steel in their spine and the spunk to throw Eric Alterman's columns into the trash can?

And they had plenty of reason to dump Gore. What were the big issues for Greens in Florida? The Everglades. Back in 1993 the hope was that Clinton/Gore would push through a cleanup bill to prevent toxic runoff from the sugar plantations south of Lake Okeechobee from destroying the swamp that covers much of south-central Florida. Such hopes foundered on a "win-win" solution brokered by sugar barons and the real estate industry.

Another issue sent some of those 97,000 defiantly voting for Nader: the Homestead Air Force Base, which sits between Biscayne National Park and the Everglades. The old Air Force base had been scheduled for shutdown, but then Cuban-American real estate interests concocted a scheme to turn the base into a commercial airport. Despite repeated pleas from biologists inside the Interior Department as well as from Florida's Greens, Gore refused to intervene, cowed by the Canosa family, which represented the big money behind the airport's boosters. Just to make sure there would be no significant Green defections back to the Democratic standard, Joe Lieberman made a last-minute pilgrimage to the grave of Jorge Mas Canosa.

You want another reason for the Nader voter in Florida? Try the death penalty, which Gore stridently supported in that final debate. Florida runs third, after Texas and Virginia, as a killing machine, and for many progressives there it is an issue of principle. Incidentally, about half a million ex-felons, having served sentence and probation, are permanently disfranchised in Florida. Tough-on-crime drug-war zealot Gore probably lost crucial votes there.

Other reasons many Greens nationally refused to knuckle under and sneak back to the Gore column? You want an explanation of why Gore lost Ohio by four points and New Hampshire by one? Try the WTI hazardous-waste incinerator (world's largest) in East Liverpool, Ohio. Gore promised voters in 1992 that a Democratic administration would kill it. It was a double lie. First, Carol Browner's EPA almost immediately gave the incinerator a permit. When confronted on his broken pledge, Gore said the decision had been pre-empted by the outgoing Bush crowd. This too was a lie, as voters in Ohio discovered a week before Election 2000. William Reilly, Bush's EPA chief, finally testified this fall that Gore's environmental aide Katie McGinty told him in the 1992 transition period that "it was the wishes of the new incoming administration to get the trial-burn permit granted.... The Vice President-elect would be grateful if I simply made that decision before leaving office."

Don't think this was a picayune issue with no larger consequences. Citizens of East Liverpool, notably Terri Swearingen, have been campaigning across the country on this scandal for years, haunting Gore. So too, to its credit, has Greenpeace. They were active in the Northeast in the primaries. You can certainly argue that the last-minute disclosure of Gore's WTI lies prompted enough Greens to stay firm and cost him New Hampshire, a state that, with Oregon, would have given Gore the necessary 270 votes.

And why didn't Gore easily sweep Oregon? A good chunk of the people on the streets of Seattle last November come from Oregon. They care about NAFTA, the WTO and the ancient forests that Gore has been pledging to save since 1992. The spotted owl is now scheduled to go extinct on the Olympic Peninsula within the next decade. Another huge environmental issue in Oregon has been the fate of the salmon runs, wrecked by the Snake River dams. Gore thought he'd finessed that one by pretending that, unlike Bush, he would leave the decision to the scientists. Then, a week before the election, his scientists released a report saying they thought the salmon could be saved without breaching the four dams. Nader got 5 percent in Oregon, an amazing result given the carpet-bombing by flacks for Gore like Gloria Steinem.

Yes, Nader didn't break 5 percent nationally, but he should feel great, and so should the Greens who voted for him. Their message to the Democrats is clear. Address our issues, or you'll pay the same penalty next time around. Nader should draw up a short list of nonnegotiable Green issues and nail it to the doors of the Democratic National Committee.

By all means credit Nader, but of course Gore has only himself to blame. He's a product of the Democratic Leadership Council, whose pro-business stance was designed to regain the South for the Democrats. Look at the map. Bush swept the entire South, with the possible exception of Florida. Gore's electoral votes came from the two coasts and the old industrial Midwest. The states Gore did win mostly came courtesy of labor and blacks.

Take Tennessee, where voters know Gore best. He would have won the election if he'd carried his home state. Gore is good with liberals earning $100,000-$200,000. He can barely talk to rural people, and he made another fatal somersault, reversing his position on handguns after telling Tennessee voters for years that he was solid on the gun issue. Guns were a big factor in Ohio and West Virginia, too. You can't blame Nader for that, but it's OK with us if you do. As for Nader holding the country to ransom, what's wrong with a hostage-taker with a national backing of 2.7 million people? The election came alive because of Nader. Let's hope he and the Greens keep it up through the next four years. Not one vote for Nader, Mr. Alterman? He got them where it counted, and now the Democrats are going to have to deal with it.

The razor-thin margin that defined the presidential race is sure to stir controversy around the Ralph Nader vote. Those wishing to blame Nader for Gore's troubles and those Greens wishing to take credit for giving the Democratic candidate a political "cold shower" will focus on Florida. Nader's 97,000 votes in that state came to less than 2 percent of the statewide total, but with barely 1,000 Florida votes deciding the national election, they are sure to be dissected and scrutinized. Ironically, only in the final days of the campaign did Nader decide to return to Florida and ask for votes. A last-minute debate inside his campaign weighed the possibilities of focusing efforts in the swing states like Florida or in Democrat-rich states like New York and California, where "strategic voters" could vote Green without concern about affecting Gore's final tallies. Nader eventually decided he would get more media coverage by targeting places like Florida.

On the national level, Nader fell considerably short of his goal of achieving a 5 percent national vote that would have qualified the Green Party for millions in federal matching funds in 2004. When the votes were counted, Nader had pocketed 3 percent, or around 2.7 million votes--almost four times more than his "uncampaign" garnered in 1996. Relentless pressure on potential Nader voters by liberal Democrats to switch to Gore clearly had an effect on the Green campaign, helping tamp down the final vote to almost half the level at which Nader had finally been polling.

No question but that this result is far from the best scenario for those who hoped that Nader's run this year would hand the Greens substantial future leverage. Given the failure to establish a federally funded national Green Party in the balloting, however, that future clout will depend mostly on Nader's ability and willingness to take his list of 75,000 campaign contributors (as well as countless volunteers and voters) and hone it into an identifiable political entity. That task could be rendered even more problematic by those who will blame Nader for a Gore defeat.

That said, various state Green parties will emerge from this week strengthened and positioned to make a difference in scores of Congressional and legislative districts. In some progressive-minded counties--like Humboldt and Mendocino in Northern California--the Nader vote grazed 13 to14 percent. In many others the Greens scored 5 to 10 percent, making them a potential swing vote in further local elections. In this election, nationwide, some 238 Greens ran for municipal office, and fifteen were victorious.

In what had been considered virtual "Naderhoods"--several northern-tier states where the Greens had significant pockets of strength--the candidate's vote was less than spectacular. In Wisconsin, Washington and Oregon Nader finished with only 4 or 5 percent. Just six weeks ago, he was approaching 10 percent in Oregon. The Greens scored 5 percent in Minnesota--a figure they had been polling for some time--and they hit 6 percent in Montana, Maine, Massachusetts, Rhode Island and Hawaii. The Green high-water marks were in Vermont (7 percent) and Alaska (10 percent--down from 17 percent in some earlier polls).

In the Democratic strongholds of New York and California, where Al Gore won by huge margins and where a ballot for Nader was considered "safe" by those who called for strategic voting, the Greens ended up with a relatively disappointing 4 percent--the same number reached in New Mexico, where Greens have competed statewide for more than five years.

Predictions that the Greens would spoil Gore's chances failed to materialize. Washington, Minnesota, New Mexico, Michigan and Wisconsin--states where Democrats argued that Nader could swing the vote to the GOP--were all won by Al Gore. Even in Oregon, Nader's impact on the major party race was arguably negligible. At press time, Gore was losing the state by about 25,000 votes and Nader's total was 5 percent, or just over 50,000. But whether a sufficient number of the Nader votes would have gone to Gore is open to question. A national USA Today/CNN/Gallup Tracking poll a few days before the election found that only 43 percent of likely Nader voters would vote for Gore as their second choice. Twenty-one percent said they would vote for Bush second. And an equal number said they would vote for Nader or not at all.

It wasn't exactly a reversal of 1994, but in this year's Senate races Democrats erased much of the Republican majority that was established in that year of Grand Old Party hegemony. Democrats picked up at least five and perhaps six Republican-held seats, while losing just two. In several cases, the shifts were dramatic, replacing staunch conservatives with far more progressive legislators.

For example, Minnesota Democrat Mark Dayton, a liberal department store heir, displaced Republican incumbent Rod Grams, a conservative hundred-percenter famous for dismissing Senator Paul Wellstone's attempt to lodge a criticism of Chinese human rights abuses as "demagoguery." Missouri Republican John Ashcroft, perhaps the Senate's most outspoken advocate of the Christian-right agenda, will be replaced by Jean Carnahan, the widow of liberal Missouri Governor Mel Carnahan (although the threat of a legal challenge remains). Michigan Democrat Debbie Stabenow, a House member whose strong labor record won her passionate support from the powerful United Auto Workers union, beat Republican incumbent Spencer Abraham, a former aide to Dan Quayle who frequently zeroed out on labor's voting-record ratings. One immediate change could come in the area of campaign finance reform: Senator Russ Feingold of Wisconsin says he now believes there will be sufficient support in the Senate to get the McCain-Feingold Campaign Finance Reform bill passed. "The question now is whether we'll have a Democratic President, who will sign the bill, or a Republican, who will veto it," says Feingold.

Perhaps the biggest Senate disappointment of the night was the 51-to-48 loss of Brian Schweitzer, a Montana rancher who used his campaign to dramatize the high cost of drugs for seniors and in the final weeks closed the gap on antienvironment, antilabor incumbent Conrad Burns.

There was even more disappointment in the results in the House, where an expensive two-year Democratic drive to win the seven Republican seats needed to take back the House failed. While Clinton impeachment manager Jim Rogan went down in California, and Arkansas's Jay Dickey may have been beaten in part because of his support for removing the state's number-one homeboy, most targeted Republican incumbents withstood the challenge. At least one Democrat with a good record, Connecticut's Sam Gejdenson--a consistent liberal with a strong international affairs bent--was ousted, and several progressive newcomers, including California's Gerrie Schipske and Montana's Nancy Keenan, have been beaten. But Illinois's Lane Evans beat back a meanspirited Republican challenge, and new California Representative Mike Honda won with strong backing from labor, as did New York's Steve Israel, who won the Long Island seat vacated by Republican Rick Lazio--the man First Lady Hillary Clinton bested in the nation's highest-profile Senate contest.

At the state level, the nastiest fight was in Vermont. There, in a campaign that turned into a referendum on the question of whether gay and lesbian couples should be allowed the rights of heterosexual couples, Vermont Governor Howard Dean, who signed the state's groundbreaking yet controversial "civil union" law, won a decisive victory in his campaign for a fifth term as governor. Vermont Progressive Party gubernatorial candidate Anthony Pollina surprised observers by racking up 10 percent of the vote and helping elect several Progressive Party candidates to legislative seats.

North Dakota Democrat Heidi Heitkamp, the state's progressive populist attorney general, lost a race for the governorship. But Delaware Lieutenant Governor Ruth Ann Minner, who dropped out of high school at 16 to work on the family farm and returned to school after being widowed at age 32, was elected governor. Her win means there will now be five women governors--the highest number in history.

A key result of the elections at the state level will be their impact on redistricting, which will shape Congress for years to come. Democrats now control forty-nine state legislative houses of a total of ninety-eight, while Republicans control forty-five. Four legislative chambers are evenly tied. Democrats won control of the Colorado Senate and the Washington Statehouse Tuesday. But they lost the Vermont House, with thirteen incumbents being swept from office. "It was all the civil-union fight," says Kevin Mack of the Democratic Legislative Campaign Committee. "Howard Dean won up there, but a lot of good Democrats lost on the issue."

Blogs

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January 30, 2014

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January 24, 2014

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January 23, 2014

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January 21, 2014

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January 17, 2014

The main difference between the Church Committee’s investigations of 1975–76 and the discussion of NSA spying now is that back then, the spooks stopped the abuses themselves.

January 17, 2014