The election reveals a deep need for voting reform.
Powerful elements converged to determine who would be president.
They'd rather die than admit it, but environmental organizations thrive on disaster. They remember well enough what happened when Ronald Reagan installed James Watt as Secretary of the Interior. Hardly had Watt hung an elk head on his office wall before the big green outfits were churning out mailers painting doomsday scenarios of national parks handed over to the oil companies, the Rocky Mountains stripped for oil shale, the national forests clearcut from end to end.
By the time the incompetent Watt was forced to resign, the Sierra Club, the National Audubon Society, the Natural Resources Defense Council, the Wilderness Society and the National Wildlife Federation had raised tens of millions of dollars and recruited hundreds of thousands of new members. All this money transformed the environmental movement from a largely grassroots network into an inside-the-Beltway operation powered by political operators in Washington, DC.
Then came the Clinton/Gore era. Because the mainstream green groups had anointed Gore as nature's savior and had become so politically intertwined with the Democrats, they had no way to disengage and adopt an independent critical posture when the inevitable sellouts began.
Thus it was that the big green groups let Clinton and Gore off the hook when the new administration put forward a plan to end "gridlock" and commence orderly logging in the ancient forests of California and the Pacific Northwest. Similarly, they held their peace when Gore reneged on his pledge to shut down the WTI hazardous-waste incinerator in Ohio. Year after year they stuck to their basic game plan: Don't offend the White House; preserve "access" at all costs.
One consequence of this greenwashing of the Clinton Administration was a sharp decline in the green-group memberships. But by now the big green outfits had grown comfortable on fat salaries, inflated staffs and fine new offices.
To maintain the standard of living to which they had now become accustomed, the big green groups sought to offset their dwindling membership revenues by applying for help from big foundations like Rockefeller, the Pew Charitable Trusts and W. Alton Jones. But charity rarely comes without strings. All the above-mentioned foundations derive their endowments from oil, and along with the money they inherited an instinct for manipulation and monopoly.
By the mid-1990s executives of the Pew Charitable Trusts were openly declaring their ambition to set the agenda for the environmental movement during Clinton time, using as leverage their grant-making power. Let a small green group step out of line, and in the next funding cycle that group would find its grant application rejected not just by Pew but by most of the other green-oriented foundations that were operating like the oil cartel of old.
So now, with the shadow of a Republican administration across the White House, the green groups see a chance to recoup, using the sort of alarmism that served them so well in the Reagan-Watt years. Already during the campaign they painted George W. Bush as a nature-raper, and then, only days after the election on November 7, e-mail alerts began to flicker across the Internet, warning that the incoming Congress will be the "most environmentally hostile ever."
But how can this be, if we are to believe the premise of the big green groups, backed by regular "dirty-dozen lists" from the League of Conservation Voters, that Democrats are by definition kinder to nature than Republicans? Democrats gained seats in the House of Representatives and now split the Senate with the Republicans 50/50. By this measure the e-mails rushing across the Net should be modestly optimistic instead of presaging doom.
In fact, one of the natural kingdom's greatest enemies in the US Senate, Slade Gorton of Washington, has gone down to defeat. Another nature-raper, Representative Don Young of Alaska, is being forced to vacate his chairmanship of the House Resources Committee, victim of a term-limits agreement by House Republicans a few years ago.
Good news doesn't raise dollars or boost membership. So the big green groups will go on painting an unremittingly bleak picture of what lies in store. But the likelihood is that a Bush administration won't be nearly as bad as advertised by alarmists.
Indeed, there are some causes for optimism. The model here is Richard Nixon, our greenest President, who oversaw the creation of the Environmental Protection Agency and smiled upon our single greatest piece of environmental legislation, the Endangered Species Act. Nixon was trying to divide the left and worked to develop an environmental constituency. Bush, if he makes it to the White House, will be similarly eager to garner green support.
Bush will also be keen to undercut attacks on the question of his legitimacy as President, and a kinder, gentler policy on the environment would be one way to do it. The current betting is that his nominee for Interior Secretary will be Montana Governor Marc Racicot, a Republican version of the present incumbent of the post, Bruce Babbitt. If the speculation about Racicot is borne out, this would be a severe blow to the expectations of the Republican hard-liners, who yearn for Don Young to supervise the dismantling of whatever frail environmental protections America still enjoys.
Of course there will be savage environmental struggles over the next four years. Oil leasing will be one battlefield. Salvage logging will be another. But if you receive a hysterical mailer from one of the big green organizations, set it aside and give your support to one of the small groups that have been fighting doughtily on the same issues through Clinton time, when the big groups were toeing the party line and keeping their mouths shut. Why not, for example, send a check to Earth Island Institute in San Francisco, thus honoring its founder, the late David Brower?
(Another Republican sea chantey)
They all went down to stop Miami-Dade
From making counts the judges had OK'd.
Unlikely toughs, with ties and crisp white shirts,
They went to hand Al Gore his just deserts.
So, noisily, they jammed into the hall.
Then Sweeney, from the House, began to call.
Shut it down, shut it down, shut it down.
The first machine vote's truly holy.
Shut it down, shut it down, shut it down,
With a heave-ho-ho and a bottle of Stoly.
One congressman by whom they had been sent:
DeLay in name, and also in intent.
Prepared to knock a head or bust a snout
To show what our democracy's about,
They bumped some chests and maybe pulled some hair,
And Sweeney's martial call stayed in the air:
Shut it down, shut it down, shut it down.
The rule of law is holy, too.
Shut it down, shut it down, shut it down.
With a heave-ho-ho and some microbrew.
The election results reveal what may be an "emerging progressive majority."
With No Decision 2000 a face-off of spins--moralistic outrage for the Republicans (don't steal our election) versus lofty principle for the Democrats (every vote should count)--the Bush gang has had the edge in passion and unity. In the postcertification phase, the Republicans and their conservative movement pals were impressively maintaining a lockstep message, while the Democrats were trying hard to mount a stand-by-our-man front. House Democratic leader Richard Gephardt and Senate Democratic leader Tom Daschle trotted to Tallahassee to demonstrate their support for Gore, but it was a bit late in the game. Other high-profile Democrats--Senators John Kerry and Bob Kerrey, Representative Jerrold Nadler--hit the Sunshine State and the talk shows to help out. And on Capitol Hill, most Democrats--angered by Republican rhetoric and majority whip Tom DeLay's schemings--were egging Gore on. As a senior Democratic House staffer quipped, "DeLay has rallied the Democrats better than Al Gore could."
But questions hovered: How long would the Democrats hang tough? And would they play tough? "Most Democrats are going to wait and see how the court contests go and see what happens with the Supreme Court before they pull out," says one chief of staff for a Democratic senator. But unlike Bush, Gore had to deal with cracks within his bloc. Senator Bob Torricelli remarked that the Florida certification was "the beginning of the end." Senator Byron Dorgan indicated that time was short for Gore: "This is a search for an accurate count, but it cannot be an endless count." Former Labor Secretary Robert Reich counseled retreat: "The country needs closure." Representative Bud Cramer said, "The time has come for this to come to a close." And even though Gore had much of his party on his side, the Democratic effort did not match the fervor of the GOP postcampaign endeavor--and not merely because the Democrats did not send mobs into county buildings in Florida. The remarks of Gephardt and Daschle were temperate, almost defensive, as they pointed out that they were backing the abstract principle of counting all votes. They expressed little emotion regarding the GOP attempt to block the vote-counting process so crucial for Gore. From the Democratic perspective, the election was being hijacked by the Republicans, yet, for the most part, the alarm wasn't raised.
A few Democrats did sound off. James Clyburn, who chairs the Congressional Black Caucus, said, "We know what it is to have an election stolen from us." He warned that Democrats who wimp out during the postelection combat would lose support among black voters. Nadler, reacting to the GOP-led protests that perhaps precipitated the shutdown of the Miami-Dade recount, complained about the "whiff of fascism." But such fightin' words were not part of the Gore/Democratic talking points.
This was the Democratic plan: Stay calm. "Our message is patience," said an aide to the House Democratic leadership. "We have to embody reasonableness. We feel we have votes and the law on our side, and that the Republican tactics and vehemence will backfire. People may mistake that as a message of not caring, of not being passionate. But we believe this can work." In fact, early on in the postelection battle, Gore decided not to rev up supporters. His campaign discouraged Jesse Jackson, who staged a protest in Florida and raised questions about allegations of racial intimidation on Election Day. "Gore told Jackson to get out of the state, and he told labor not to organize," says one Jackson associate. "He cooled Democrats out, just when Bush and his people were going into overdrive. Gore thought he had the votes. This was a classic case of Gore not believing in politics." It may have been smart to de-Jessify the dispute, since Jackson brings his own baggage to headlines. But the Gore-Lieberman camp kept its distance from the charges of racial intimidation--which, though unproven, were of intense concern to many of Gore's most ardent supporters.
For better or worse, Gore mostly stuck to a legal strategy--and eschewed political mobilization, outrage and crusading rhetoric, even as polls and a few Democratic pols turned against him. As one Democratic Senate aide said wistfully, "It's always been our problem. We Democrats have trouble going for the jugular. We always try to sound reasonable. Reason may not be enough this time."
Three days before the election, I took part in a television panel with former White House flack Joe Lockhart, who was doing his best to hold up his end of the tattered Gore-Lieberman banner. When the show was over, I asked him what he really thought and he said, "I'm pinning everything on the Electoral College." It now takes an effort of memory to recall, but this was what all the Democratic elite were saying that week. So the sudden moral emphasis on the popular vote is slightly unseemly, especially in view of the fact that the vote hasn't been counted yet.
Was it only a few short weeks ago that I turned on the TV in my hotel room to hear conservative commentator Tucker Carlson explain to Don Imus that Gore would win the Floridian chadfight because Republicans were too nice, polite, modest and fair to get down and dirty like the Democrats? That was before a small army of rowdy Republicans descended on Palm Beach, Broward and Miami-Dade counties and successfully intimidated election officials while turning themselves into a media spectacle halfway between a fraternity brawl and an ancient Roman mob. Like the false announcement of a Bush victory on election night--courtesy, we now know, of a Fox TV reporter who is a cousin of George W. Bush--the demonstrators helped produce the mistaken but widespread impression that Bush had won an election that Gore was trying to undo, when in fact the election, as I write, is still undecided. According to the Wall Street Journal and other papers, the demonstrators, originally portrayed as John Q. Publics following their hearts to Florida, are GOP operatives and Congressional staffers financed by the Bush campaign, which is putting them up in Hilton hotels and entertained them on Thanksgiving with turkey and a performance by Wayne Newton.
Al Gore's position is that there should be an accurate count of the Florida vote--the fraudulent nature of which becomes daily more obvious. What's wrong with that? Outrageous, say the Republicans; boring, say the media, which from the start urged "closure," like a prosecutor urging a quick lethal injection so that grieving survivors can start "the healing process." Flip a coin, advised Ralph Nader, fliply.
And what of Nader? Campaigners have been quick to put a brave face on his unimpressive 2.7 percent--unmentioned now is the magic 5 percent that would bring the Greens federal funds and that they themselves had made a central rationale for a Nader vote. "We accomplished what we set out to do," Nader campaign manager Theresa Amato told me. "We helped the Greens, we raised issues, we got new people into the political process. The Greens are now the leading third party, the only viable third party. I'm positive, I'm upbeat, I'm not depressed in any way." Longtime Green activist and former member of the town council of Princeton, New Jersey, Carl Mayer was even cheerier, telling me that Nader had mobilized 150,000 volunteers and 50,000 donors and sparked the formation of some 500 local Green organizations and 900 campus groups, and crediting him with "changing the tenor of the whole race" by pushing Gore to take populist stands against the drug and oil industries. Mayer even argued that it was because of Nader that President Clinton declared wilderness areas national monuments in several Western states and that the FDA approved RU-486. Unlike virtually every other Nader supporter in America, Mayer not only accepted the mainstream analysis that Nader votes had cost Gore the election (assuming Bush wins), but said it didn't bother him a bit.
One hesitates to inject a discouraging word, but 2.7 percent of the vote is not a lot. It puts him in the company of conscience candidates like Barry Commoner, but behind most major third-party challengers in recent memory. Even John Anderson--who?--and his National Union Party--what?--eked out 6.6 percent in 1980. Sure, you can spin these gloomy stats--Nader got more votes than any progressive third-party candidate since 1948! Nader would have gotten lots more votes but for the closeness of the Bush-Gore contest, which kept Dems in the fold! Third-party runs aren't about votes, they're about changing the discourse! But when I think about how many furious letters and e-mails I got for writing skeptically in this space about the possibility of a meaningful third party, especially a progressive one, I have to say events have borne me out. I said that in the end most voters would stick with the two parties because the differences that seem small to Naderites are concrete and significant to them, because the two-party system is the way civic favors and services are distributed and because people understand that the winner-take-all system insures that a left-leaning third party throws elections to the Republicans--as the Republicans understood when they ran Nader's attacks on Gore as ads for Bush.
Commentators will be analyzing the Nader vote for months, and no doubt the campaign could have done some things better or not at all: the invisible and tokenistic vice presidential candidacy of Winona LaDuke, the waffling over whether to go for votes in toss-up states, the attacks on "frightened liberals." But even a perfect campaign would run up against the structural obstacles that have rendered marginal every modern attempt to build a strong and lasting third-party alternative to the two- party "duopoly."
Future elections will be even tougher. Whoever wins the presidency, people now know every vote counts--the frightened liberals are really frightened now. If Bush wins, the energy left of center will go into re-electing Democrats--any Democrat. Meanwhile, the small Nader vote--only 2 percent of Democratic voters chose him, while 11 percent chose Bush--means that the Democratic Party will move, if anywhere, rightward. The Greens may move that way also; after all, they failed to dislodge the old progressive voting blocs--feminists, blacks, Hispanics, Jews, labor. The typical Nader voter was a young white man, college educated but income poor. Nader did well among students, independents and Perot voters; outside a few left strongholds--Madison, Portland, Berkeley, western Massachusetts--his best counties were rural, his best state Alaska (10 percent), of all places. None of this sounds like a recipe for a powerful progressive voting bloc. In an interesting post-mortem on the Newsforchange website, Micah Sifry argues that the Greens may be too far left for the actually existing electorate and that the future lies in the "radical middle," from which sprang Jesse Ventura and Ross Perot. In other words, for leftists to achieve even the momentary electoral prominence of the now-moribund Reform Party, they have to be more, well, conservative.
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.