Stanley Fish debates the eternal

This podcast on Stanley Fish’s panel discussion was originally posted by the Institute for Arts and Ideas

While the world turns we think ideas, right or wrong, are eternal. Yet meaning changes over time and context. Should we conclude that, like the material world, ideas are transient and knowledge and morality passing stories? Or is the eternal in our grasp after all? New York Times columnist and author of Think Again Stanley Fish, philosopher of language Barry C. Smith, and award-winning novelist Joanna Kavenna seek out the eternal.

Stanley Fish is the author of numerous books, including How to Write a Sentence, There’s No Such Thing as Free Speech, and Versions of Academic Freedom. He is the Davidson-Kahn Distinguished University Professor and Professor of Law at Florida International University and the Visiting Floersheimer Professor of Law at Cardozo Law School. He previously taught at Berkeley, Johns Hopkins, Duke, and the University of Illinois, Chicago. He is the author of Think Again: Contrarian Reflections on Life, Culture, Politics, Religion, Law, and Education.

Jason Brennan: The right to vote should be restricted to those with knowledge

BrennanWho should hold power: the few or the many? Concentrating power in the hands of a few – in monarchy, dictatorship or oligarchy – tends to result in power for personal benefit at the expense of others. Yet in spreading power among the many – as in a democracy – individual votes no longer matter, and so most voters remain ignorant, biased and misinformed.

We have a dilemma.

Republican, representative democracy tries to split the difference. Checks and balances, judicial reviews, bills of rights and elected representatives are all designed to hold leaders accountable to the people while also constraining the foolishness of the ignorant masses. Overall, these institutions work well: in general, people in democracies have the highest standards of living. But what if we could do better?

Consider an alternative political system called epistocracy. Epistocracies retain the same institutions as representative democracies, including imposing liberal constitutional limits on power, bills of rights, checks and balances, elected representatives and judicial review. But while democracies give every citizen an equal right to vote, epistocracies apportion political power, by law, according to knowledge or competence.

The idea here is not that knowledgeable people deserve to rule – of course they don’t – but that the rest of us deserve not to be subjected to incompetently made political decisions. Political decisions are high stakes, and democracies entrust some of these high-stakes decisions to the ignorant and incompetent. Democracies tend to pass laws and policies that appeal to the median voter, yet the median voter would fail Econ, History, Sociology, and Poli Sci 101. Empirical work generally shows that voters would support different policies if they were better informed.

Voters tend to mean well, but voting well takes more than a kind heart. It requires tremendous social scientific knowledge: knowledge that most citizens lack. Most voters know nothing, but some know a great deal, and some know less than nothing. The goal of liberal republican epistocracy is to protect against democracy’s downsides, by reducing the power of the least-informed voters, or increasing the power of better-informed ones.

There are many ways of instituting epistocracy, some of which would work better than others. For instance, an epistocracy might deny citizens the franchise unless they can pass a test of basic political knowledge. They might give every citizen one vote, but grant additional votes to citizens who pass certain tests or obtain certain credentials. They might pass all laws through normal democratic means, but then permit bands of experts to veto badly designed legislation. For instance, a board of economic advisors might have the right to veto rent-control laws, just as the Supreme Court can veto laws that violate the Constitution.

Or, an epistocracy might allow every citizen to vote at the same time as requiring them to take a test of basic political knowledge and submit their demographic information. With such data, any statistician could calculate the public’s ‘enlightened preferences’, that is, what a demographically identical voting population would support if only it were better informed. An epistocracy might then instantiate the public’s enlightened preferences rather than their actual, unenlightened preferences.

A major question is what counts (and who decides what counts) as political competence, or basic political knowledge. We don’t want self-interested politicians rigging a political competence exam in their own favour. One might use widely accepted pre-existing tests; the Unites States citizenship test, for example, or the same questions that the American National Election Studies have used for 60 years. These questions – who is the current president? Which item is the largest part of the federal budget? – are easily verifiable and uncontroversial, plus an ability to answer them correctly is strongly correlated with the kind of political knowledge that does matter in an election.

One common objection to epistocracy – at least among political philosophers – is that democracy is essential to expressing the idea that everyone is equal. On its face, this is a strange claim. Democracy is a political system, not a poem or a painting. Yet people treat the right to vote like a certificate of commendation, meant to show that society regards you as a full member of the national club. (That’s one reason we disenfranchise felons.) But we could instead view the franchise as no more significant than a plumbing or medical licence. The US government denies me such licences, but I don’t regard that as expressing I’m inferior, all things considered, to others.

Others object that the equal right to vote is essential to make government respond to our interests. But the math doesn’t check out. In most major elections, I have as much chance of making a difference as I do of winning the lottery. How we vote matters, but how any one of us votes, or even whether one votes, makes no difference. It might be a disaster if Donald Trump wins the presidency, but it’s not a disaster for me to vote for him. As the political theorist Ben Saunders says: in a democracy, each person’s power is so small that insisting on equality is like arguing over the crumbs of a cake rather than an equal slice.

On the other hand, it’s true (at least right now) that certain demographic groups (such as rich white men) are more likely to pass a basic political knowledge test than others (such as poor black women). Hence the worry that epistocracies will favour the interests of some groups over others. But this worry might be overstated. Political scientists routinely find that so long as individual voters have a low chance of being decisive, they vote for what they perceive to be the common good rather than their self-interest. Further, it might well be that excluding or reducing the power of the least knowledgeable 75 per cent of white people produces better results for poor black women than democracy does.

Of course, any epistocratic system would face abuse. It’s easy to imagine all the things that might go wrong. But that’s also true of democracy. The more interesting question is which system, warts and all, would work best. In the end, it’s a mistake to picture epistocracy as being the rule of an elite band of technocrats or ‘philosopher kings’. Rather, the idea is: do what democracy does, but better. Democracy and epistocracy both spread power among the many, but epistocracy tries to make sure the informed many are not drowned out by the ignorant or misinformed many.Aeon counter – do not remove

Jason Brennan is the Robert J. and Elizabeth Flanagan Family Associate Professor of Strategy, Economics, Ethics, and Public Policy at the McDonough School of Business at Georgetown University. He is the author of The Ethics of Voting (Princeton), Why Not Capitalism?, Libertarianism and most recently, Against Democracy. He is the coauthor of Markets without Limits, Compulsory Voting, and A Brief History of Liberty. He writes regularly for Bleeding Heart Libertarians, a blog.

This article was originally published at Aeon and has been republished under Creative Commons.

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James M. May: How Donald Trump Wins Arguments

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by James M. May

Can Ethical and Emotional Appeal Carry Donald Trump to Victory?

People love Donald Trump. People hate Donald Trump. He presents himself as a rule-breaker and an independent thinker, but is he perhaps following some very old rules? Is he a student, two millennia removed, of the great orator Cicero?

More than two thousand years ago, Marcus Tullius Cicero, Rome’s finest orator, published his masterful treatise, On the Ideal Orator. It constructed a portrait of the person Cicero would consider to be his perfect public speaker. Now, more than two millennia later, we find politicians in the public eye employing many age-old techniques of persuasion, for good or for ill, and with varying results.

In On the Ideal Orator, Cicero bases his system of persuasion on the Aristotelian notion of three main sources of proof to use in persuading people: logos (rational argumentation: I make a good case), ethos (the presentation of character: don’t you think I’m a reliable guide?), and pathos (the arousal of emotions in the audience: don’t you feel the way I do?).

Rational argumentation has its foundations in two basic processes, induction and deduction. But not many would say that rational argumentation via induction and deduction has been a strong suit for either presidential candidate this year. Both resort almost continually to the other two sources of persuasion, ethos and pathos—and this seems particularly true of Mr. Trump.

Proof based in ethos persuades by effectively presenting the speaker’s character. If you win the admiration and approval of your audience, they’re ultimately more sympathetic to your argument. Hand in hand with the positive self-fashioning of your own persona goes the negative character portrayal of your opponent. “Lyin’ Ted,” “Little Marco,” and “Crooked Hillary,” have all had a taste of Donald Trump’s negative character portrayal tactics, and certainly there will be more to come.

But it is in the presentation of his own persona that Mr. Trump seems once again to have defied all tradition and convention. Consider what character traits Cicero identifies as most effective in winning over the confidence and sympathy of a speaker’s audience:

Now people’s minds are won over by a person’s prestige, his accomplishments, and the reputation he has acquired by his way of life… The effect of such things is enhanced by a gentle tone of voice on the part of the speaker, an expression on his face intimating restraint, and kindliness in the use of his words, and if you press some point rather vigorously, by seeming to act against your inclination, because you are forced to do so. Indications of flexibility…are also quite useful, as well as signs of generosity, mildness, dutifulness, gratitude, and of not being desirous or greedy. Actually, all qualities typical of people who are decent and unassuming, not severe, not obstinate, not litigious, not harsh, really win goodwill, and alienate those who do not possess them. (On the Ideal Orator 2. 182)

Are these the character traits that anyone could use to define Donald Trump’s public persona? Cicero, like most modern-day political pundits, would be flabbergasted to see Trump’s success—both in the primary run and now in the actual presidential campaign, in the face of flaunting such long-standing conventional wisdom about rhetorical self-fashioning. Surely, the absence of such traits largely explains Mr. Trump’s negative approval ratings; it must, however, also account for a good deal of his success.

Indeed, it appears that Trump has purposely defied age-old traditions in fashioning an ethos that is markedly unrestrained, obstinate, brash, and in-your-face. But isn’t he here following Cicero after all? Has he not made it his special strength to create his own character, his own ethos—his own image? All the voters who say they know he’s trouble but still want to vote for him are not being persuaded by his rational arguments—they’re sold on the ethos.

The third source of proof is pathos, persuading by appeal to the audience’s emotions. The speaker’s goal is to sway the feelings of his listeners so that they will side emotionally with him. Cicero realized the great power of argument based on emotional appeal, often calling it the most effective means of persuasion. For him, ethos involved knowledge and exploitation of the milder emotions, while pathos dealt with the more violent emotions:

Related to this [i.e., ethos]…is the other mode of speaking I mentioned, which stirs the hearts of the jurors quite differently, impelling them to hate or to love, to envy someone or to want his safety, to fear or to hope, to feel favor or aversion, to feel joy or grief, to pity or to want punishment, or to be led to whatever feelings are near and akin to those other such emotions… But such enormous power is wielded by what one of our good poets rightly describes as “soul-bending speech, the queen of all the world,” that it cannot only straighten up someone who is bending over and bend over someone who is standing, but also, like a good and brave general, take prisoner someone who is offering resistance and fighting back. (On the Ideal Orator 2. 185-187)

If Mr. Trump is largely unconventional in shaping an effective and attractive political ethos, he embraces fully the Ciceronian notion of pathos. Democratic commentators on Trump’s acceptance speech at the Republican National Convention harshly criticized it for its dark tone, its negative view of the country, and its fear-mongering, perhaps not fully appreciating that such a tone was precisely what Trump was aiming to set. Cicero wouldn’t have been fooled, and might well have admired it.

So Mr. Trump has cleverly and successfully identified a collection of emotionally-charged issues—from the ever-increasing national debt to illegal immigration to the threat of domestic terrorism—that have some significant resonance with a large portion of the electorate. He plays upon fears that certainly have legitimacy for many people (e.g., the loss of jobs or the threat of a terrorist attack), and he offers hope that these fears and anxieties can be allayed with a change in leadership (“Make America Great Again!”). The crowds that he has attracted and the enthusiastic, sometimes almost frenzied reactions that he evokes, testify eloquently to the power of emotionally-based persuasion, what the Roman poet called “soul-bending speech.”

Relying on the emotions as sources of persuasion through the effective use of ethos and pathos is a tactic as old as oratory itself. Several of Cicero’s own surviving speeches show a heavy, sometimes almost exclusive reliance on these modes of proof at the expense of rational argument, especially when the facts of his case were weak or lacking. As we enter the final months of the presidential campaign, we are already witnessing (from both sides) an increase in attacks on the opponent’s character and more flagrant appeals to emotion. If Trump wins, the experts will have many things to say. I hope at least a few of them remember to say something like, “and you know, Cicero was right.”

Click through for an analysis of Ms. Clinton’s oratory vis-a-vis classical norms.

MayJames M. May, Professor of Classics and Kenneth O. Bjork Distinguished Professor at St. Olaf College in Northfield, MN, is the author of How to Win an Argument: An Ancient Guide to the Art of Persuasion (Princeton).

Amy Binder: Conservative organizations and the suspicion of higher education

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By Amy J. Binder

Perhaps no one in America better personifies the political attacks on higher education than the governor of Wisconsin and would-be Republican presidential candidate, Scott Walker. In the years since he took office, Walker has managed to slash hundreds of millions of dollars in spending from public universities in his state and diminished job protections for professors, among other actions.

Walker may have a personal ax to grind with higher education, but it would be a mistake to think that he — or other politicians who attack public higher education — simply harbors individual grudges. Rather, for many years now “dark money” has paved the way for politicians’ symbolic, political, and material attacks on higher education. There are many familiar individuals’ and organizational names funding these attacks — John Olin, David and Charles Koch, the Heritage Foundation — all of whom have had a hand in crafting the talking points that Republican governors and legislatures use in the battle plans they employ.

Now that “dark money” has become a better known story, it’s an opportune moment to think about the ways this agenda has potentially influenced the wider public’s regard for higher education. For decades, a handful of organizations has been working in the trenches with conservative college students. With their emphasis on liberal indoctrination and conservative victimhood on college campuses, these organizations have fostered student activism and suspicion about higher education, which have created fertile soil in which larger-scale political attacks on higher education can germinate and grow. I would venture that they have contributed to undermining confidence in the higher education enterprise, even among those who are reaping its benefits—college grads.

The Young America’s Foundation (YAF), a tax-exempt 501(c)3 organization founded in the late 1960s, now boasted more than $59 million in assets in 2014, and had expenditures of approximately $20 million that same year. Annual expenditures at YAF include organizing campus speaking tours for conservative luminaries such as Ann Coulter, Ted Nugent, Dinesh D’Souza, David Horowitz, and many, many others. When not sending speakers to the nation’s campuses, the YAF brings conservative students to it, at regional and national conferences every year. But whether speakers come to campus, or students go to conferences, the Foundation fuels a provocative style. Enticed with such slogans depicting faculty as tree-hugging, gun-taking, wealth-hating, and leftist-loving, students are taught in “boot camps” to fight “persecution” on campus with an “activist mentality confronting their liberal peers and professors head-to-head with “aggressive” tactics. Students take up the charge by staging showy events like “Affirmative Action Bake Sales” and “Catch an Illegal Alien Day.” This provocative style of right-wing activism is designed to poke fun at liberals, get them angry, and attract the media spotlight, and it is based on, and fosters, mistrust of faculty, classmates, and administrators. A staff member at Young America’s Foundation specifically said his organization went after Average Joe students — or, not the ones who attend Harvard, Princeton, and Yale.

Another organization, called the Leadership Institute, had $30 million in assets in 2015, and spent nearly $14 million last year supporting conservative students online, on campus, and in their training facilities in Arlington, Virginia. The organization claims to keep a database of “leftist faculty” and “biased textbooks” on some 2,000 campuses, and it has trained tens of thousands of college students over the past four decades to enter politics and use advanced technology to get the conservative message out. One former employee of the Leadership Institute is James O’Keefe, the videographer who produced heavily edited, undercover audio and video recordings with workers at ACORN, NPR, and Planned Parenthood, all of which went viral on the alt-right While at the Leadership Institute, and like the organization’s other field representatives, O’Keefe traveled to campuses across the nation consulting with students on starting clubs and conservative newspapers.

Like the Young America’s Foundation, the Leadership Institute also gets better traction at public universities, where it delivers a coordinated message to students: You are under siege on your liberal campus, you should not trust your professors, your educational institutions do not favor students like you, and you must use aggressive tactics to counteract the discrimination. They spread mistrust about higher education not only to the conservative activists with whom they work closely, but to other students on campus who may pick up the newspapers they sponsor or events they fund.

Right-leaning students who do not fit the “Joe Average” profile of these two organizations find support elsewhere. The best-known national organization nurturing this disposition is the Intercollegiate Studies Institute, or ISI, founded in the 1950s by William F. Buckley. ISI advertises itself as the premiere organization for the “best and the brightest” among conservative students. It offers seminars on moral and political philosophy (which ISI’s leaders say are lacking on campus), while also providing networking and internship opportunities at the National Review, the Weekly Standard, and other such media. Ross Douthat, the op-ed writer for the New York Times, was a member of the 2002 class at ISI while he attended Harvard, and is now a speaker for the organization. ISI’s 2015 assets totaled “only” $11 million, according to its website.

It’s important to think about how the conservative styles students are learning now on their campuses and national organizations may have an impact on their ideas about higher education and politics later. At YAF and the Leadership Institute, staff encourage students to turn against higher education: to regard college campuses with suspicion about political correctness, multiculturalism, wastefulness, and elitism. This may help explain why even college-educated conservatives can have such a dim view of higher education—alongside voters with lower education levels—and will support cutting funding to it.

What can be done about this situation—is it possible to minimize provocation and misgivings about higher education today to salvage politics about public higher education tomorrow? I think so, but short of a gigantic political watershed, it will be important for faculty and administrators on individual campuses to figure out what they can do to help.

I would not advise university leaders to bar outside speakers and organizations from campus. It’s unconstitutional and it backfires: One need only read about the martyred David Horowitz or Milo Yiannopoulos to see what happens when administrators try to keep incendiary provocateurs away from colleges and universities. Futhermore, there are some speakers associated with the Young America’s Foundation, and even more so in the Intercollegiate Studies Institute, who offer students greater diversity in discourse, which can deepen their connections to higher education.

Rather, university administrators and faculty — the most immediate targets of the conservative organizations’ attacks — need to be clear-eyed that higher education skepticism is being fomented on their campuses, and they must think about ways to create and strengthen organizational structures that can help all students, including those who identify as conservatives, feel connected to their university and part of a larger community. Helping students who now feel alienated from campus to feel more integrated helps give the lie to the discourse about “elitist, persecuting, alienating, wasteful” colleges.

I am not talking about university leaders creating cultures of “school spirit”—which can actually have negative effects and add to the sense of “fun” students being confrontational, often at black and Latino students’ expense. What I am talking about is bolstering mundane, but very important, organizational arrangements on university campuses, like a lower student-to-faculty ratio. And if this isn’t possible because of funding cuts, making sure that there are more staff on campus whether in residential life, admissions, or administration, who are responsible for getting to know students and who can serve as mentors and advisors to them. Such relationships bind students to campus and build rapport.

It also means challenging students to think of themselves more as members of an intellectual, or smart, community of peers, where they can try out and refine their political ideas with others. This means more emphasis on engaged teaching, more office hours, more faculty connection to students, more efforts at role modeling what it looks like to appreciate, but also constructively critique, one’s campus.

It means building more on-campus housing at public universities, which anchors students in more heterogeneous living situations than when they are allowed to pick their own housemates off-campus and live farther away in more atomized living arrangements.

It means that faculty and graduate student TAs should be highly circumspect about slipping into raw political partisanship in their classes, which alienates conservative and also moderate students.

If university faculty, administrators, and staff are intentional in using the funding they do have to strengthening a sense of community for undergraduates on their campuses, then this is one means for shaping experiences that run counter to public attacks on higher education. Universities play a large role in shaping student identities, and in this case, the types of organizational commitments I have mentioned can counteract the identities sponsored by conservative organizations. With some of these campus-level fixes, at the very least we would have a greater number of conservative alumni who cognitively cannot recognize the caricature of public higher education that conservative politicians and their allies make about their university.

BinderAmy J. Binder is professor of sociology at the University of California, San Diego. She is the author of Contentious Curricula: Afrocentrism and Creationism in American Public Schools (Princeton) and Becoming Right: How Campuses Shape Young Conservatives.

Five PUP authors included in the Politico 50 2016 list

We are thrilled that five PUP authors have been included in the Politico 50 2016 list!

 Robert Gordon, author of The Rise and Fall of American Growth


George Borjas, author of Heaven’s Door


David Card and Alan Krueger, authors of Myth and Measurement


Angus Deaton, author of The Great Escape


Nevada Senate Election 2016: Money and the Shadows of Party

by Wendy Schiller and Cory Manento

This post appears concurrently on the Brown University website.

When there is an open U.S. Senate seat, the dynamics of Senate elections are quite different than when an incumbent is seeking reelection. In 2016, there are few open seat races but one in particular – Nevada – has major consequences for party control of the Senate and is closely tied to the fortunes of the two main party presidential candidates, Hillary Clinton and Donald Trump. In this essay, Cory Manento and I analyze the Nevada open seat Senate race in the context of the 2016 political environment. We also take a trip back in time to showcase how this race stacks up to a similarly hotly contested open seat Nevada Senate election that occurred more than 100 years ago.


Francis Newlands

On March 27, 2015, U.S. Senator Harry Reid (D-NV) announced that he would not seek reelection in 2016 after serving for 30 years in the Senate and 12 years as the leader of the Senate Democrats. In response, two ambitious politicians, Joe Heck and Catherine Cortez Masto, jumped into the fray to run for the open seat. More than a century earlier, another senior Nevada U.S. Senator, John Jones, announced that he would not seek reelection after serving for 30 years. An ambitious and enterprising politician named Francis Newlands seized the opportunity to run for what was now an open seat to represent Nevada in the Senate. Newlands parlayed his wealth and political pedigree into a successful campaign for the open seat. Just four years earlier Newlands had mounted a challenge against incumbent U.S. Senator William Stewart, but dropped out of the race when it was clear that he would not gain the support needed to win the election. That Newlands didn’t fare well against Stewart in 1899 is telling, because it shows that the political advantages of an entrenched incumbent can overcome a well-funded challenger. But with an open seat, Newlands’s wealth (and political experience made possible by his wealth) made a critical difference.

Comparing the 2016 election to the 1903 election highlights the differences between what it takes to win a U.S. Senate election in the age of indirect elections versus direct elections. Under the indirect system of elections, each chamber of the state legislature met separately at the beginning of their legislative session to vote for senator; a candidate who received a majority in each chamber was declared the winner. If no candidate received a majority, the two chambers would meet jointly and vote until a winner was chosen or they adjourned for the year. Under direct Senate elections, which came about after the 17th Amendment was ratified in 1913, voters cast their votes directly for U.S. Senators. In 1903, Francis Newlands used his tremendous wealth and political power to curry favor in the Nevada state legislature and won the open seat left by Jones’s retirement without having to worry about the down ballot effects of a national party presidential nominee. In contrast, Republican Congressman Joe Heck and Democratic former Nevada Attorney General Catherine Cortez Masto, the 2016 candidates, are each showcasing their own personal histories of service to the voters directly while simultaneously trying to avoid comparisons to polarizing national figures from their own parties.

Modern Political Ambition – Joe Heck and Catherine Cortez Masto

The Republican candidate for Senate, U.S. Representative Joe Heck, was born in New York in 1961, grew up in Pennsylvania, and moved to Nevada in 1992.[1] He has served for over 20 years in the U.S. Army Reserve and was called into active duty three times over that period, including a 2008 deployment to Iraq, and he recently became a one-star general.[2] Heck also served his community as a volunteer firefighter, ambulance attendant, and search-and-rescue team member before becoming an emergency room doctor and running a company that provides consulting, medical training, and operational support to law enforcement, emergency responders, and military special operations.[3]

Heck first entered politics in 2004, when he was elected as a Nevada state senator. After serving one four-year term, he was defeated by 765 votes (0.76 percentage points) in his bid for reelection.[4] But Heck recovered quickly, successfully running for Congress for Nevada’s 3rd district in 2010. In Congress, he has put his military experience to work, serving on the Armed Services Committee and the House Permanent Select Committee on Intelligence, while chairing the Military Personnel Subcommittee and the Subcommittee on Department of Defense Intelligence. Through these committees, his stated primary focus has been “maintaining our national security.”[5] A relatively moderate Republican, Heck is not a member of the conservative House Freedom Caucus, and ranks in the 73rd percentile for conservatism among House Republicans when examining his bill sponsorship patterns.[6] Despite this relatively moderate bill sponsorship record, Heck has voted with the Republican Party about 93 percent of the time.[7] Heck’s record of public service, his Congressional experience, and his relatively centrist tendencies make him a strong candidate in a state that usually has competitive statewide elections.

The Democratic candidate for U.S. Senate, Catherine Cortez Masto, presents a strong opponent for Heck. Nevada Democrats were eager to find a potential replacement for Harry Reid that would be supported by retiring Senator Reid but not overshadowed by him. Cortez Masto fits that bill. With a victory in November, she would become the first Latina U.S. Senator in American history. Cortez Masto has already exhibited her ability to win a statewide election, as she was elected Attorney General of Nevada for two terms – winning each election by more than 15 points – before being required to step down in accordance with the term limit imposed by Nevada’s constitution.[8]

Born and raised in Las Vegas, Cortez Masto worked as a prosecutor in the U.S. Attorney’s Office and as former Nevada Governor Bob Miller’s Chief of Staff before entering electoral politics herself. She successfully ran to become Nevada’s 32nd Attorney General in 2006, and was reelected to a second four-year term in 2010. Cortez Masto’s family is well known in Nevada; her father, Manny Cortez, is widely credited with transforming the Las Vegas strip into a prominent tourism destination while he was the head of the Las Vegas Convention and Visitors Authority.[9]

As Attorney General, Cortez Masto worked to combat the use and distribution of methamphetamines in the state, and worked to strengthen laws preventing sex trafficking and violence against women.[10] Nevada is still recovering from being hit particularly hard by the housing crisis in 2008, and Cortez Masto has made this issue front-and-center in her campaign. She points to the state’s “historic” $1.9 billion settlement with big banks that she helped secure as Attorney General as evidence that she will be able to continue to help the state’s housing market recover.[11] By emphasizing her past accomplishments and service, Cortez Masto hopes to present a competitive contrast to Joe Heck’s record of experiences as a Nevada state senator and then U.S. Congressman.

The apparent strategy of both candidates thus far has been to equate their opponent with an established national party figure. Representative Heck has tried to cast Catherine Cortez Masto as the second coming of Harry Reid. But Harry Reid has served Nevada for 30 years and has balanced his role as partisan leader of the Democrats with strong advocacy for the state of Nevada. Heck may gain traction by emphasizing that Masto, like Reid, is a Democrat but it will be hard to produce enough negatives about Reid to swing the election.

Cortez Masto has drawn some associations of her own between Heck and Donald Trump: “Congressman Dr. Joe Heck says he has ‘high hopes’ for Donald Trump to be our next President; I have high hopes Nevadans will reject Congressman Heck and the Trump-Pence ticket in November,” she said in an August Facebook post.[12] In a state with a surging Latino population, and with Republican presidential nominee Donald Trump highly unpopular with that voting demographic, Masto is hoping that the association proves costly to Heck. Harry Reid is also backing up Masto’s attempts to tie Heck to Trump stating that Heck “had an opportunity to be courageous. Instead he gave a big bear hug to Donald Trump.”[13] Heck has responded by actively trying to shift the focus away from Trump – he refrained from a formal endorsement – and back to Heck’s impressive resume of service. But as with several other GOP candidates for U.S. Senate this year, disassociation from the top of the party ticket is proving to be a challenge.

The Nevada 2016 election is likely to be a close one; polling averages show Heck and Masto separated by fewer than 3 percentage points which is typically the margin of error in standard polls.[14] The candidates and outside groups have already spent, and will continue to spend, a lot of money to gain an advantage. Fundraising hauls thus far have been nearly even, with a slight advantage to the Democratic side. Cortez Masto has raised $8.7 million and spent $5.2 million, while Heck has raised $7.4 million and spent $2.6 million.[15] The National Republican Senatorial Committee has committed $6.3 million to aid Heck, but the Democratic Senatorial Campaign Committee – with the help of Harry Reid – has raised $12 million to help Masto defeat Heck.[16]

Just as Senator Reid comfortably won reelection throughout his Senate career, Senator John Jones was able to keep his seat for several terms without a serious challenge. But when long-serving U.S. Senators retire, the dynamics of the next Senate election change considerably. This year’s candidates, mired in a contest that will likely be decided by a small margin, are lacking the inherent advantages associated with being an incumbent. Without the established fundraising connections from a previous Senate run or the ability to highlight previous U.S. Senate experience, Heck and Cortez Masto have tried to earn the trust of voters and donors alike by framing the race in terms of their own strengths while attacking their opponent.

The political career of Francis Newlands offers some insight into what these candidates can do to be successful. After his unsuccessful bid to unseat an incumbent in 1899, Newlands learned about the advantages of running for an open seat through that experience. With a more “level” playing field, Newlands was able to play to his strengths to win the Senate seat in 1903. While money certainly provided the deciding advantage for Newlands over 100 years ago, vying for an open seat was also crucial to his success; 100 years later, open seat Senate races also still require astute campaign strategies but this one is also strongly influenced by the presidential nominees.

Historical Political Ambition – Francis Newlands

When John Jones retired from the Senate in 1903 after serving for 30 years, Francis Newlands finally had the opening to wage a successful campaign for a U.S. Senate seat. The senatorial career of Francis Newlands provides a stark example of how ambitious individuals could parlay their own wealth into a U.S. Senate seat in the age of indirect elections. Though the Democrats have a slight fundraising advantage in 2016’s Nevada Senate race, in the age of direct Senate elections, it is unlikely that a fundraising advantage will yield such a singular advantage in the way that it did for Nevada Senator Francis Newlands throughout his political career.

Before entering politics, Francis Newlands was an attorney who inherited great wealth as a result of his marriage to the daughter of a California banker named William Sharon.[17] Sharon himself briefly served as a U.S. Senator from Nevada – he was elected in 1875 and served one term – laying the foundation for his son-in-law’s future political career in the state.[18] Newlands entered politics by backing the Republican and Silver parties. The Silver Party advocated a monetary standard that would allow the use of silver in addition to gold as backing for the dollar. This was advantageous for western states that had a lot of silver deposits, including Nevada, which is nicknamed the Silver State. The more established wing of the Republican Party, backed by banking and manufacturing interests, opposed the free coinage of silver.[19]

But despite his support for free silver, Newlands was able to win the Republican nomination for Nevada’s at-large House of Representatives district in 1892 through an effective use of money: he bought influence with key newspaper editors and made several contributions to the campaigns of other party members running on the same ticket.[20] By his own account, Newlands spent a total of $50,000 (about $1.3 million in 2016 dollars) to win election to the House.[21]

In 1899, Newlands decided to launch an electoral challenge against Senator William Stewart, who was well-entrenched in Nevada politics. One of the elements working in Newlands’s favor was his effort to magnify his own public voice through the purchase of several state and regional newspapers, including the Nevada State Journal. Using these press outlets as a megaphone, Newlands flooded the public with his argument that Stewart was no longer an effective advocate for Nevada.[22] But Stewart was able to use his established political connections and skill to convince Nevada state legislators that he was a candidate who represented a wide array of interests, including silver. After losing the support of the pro-silver activists who migrated to Stewart, Newlands dropped out of the race.

Newlands gained new political life when he ran successfully for the House in 1900 as a Democrat and worked in Congress to pass a major irrigation bill that became known as the Newlands Act.[23] With that accomplishment under his belt, Newlands decided to run for Senate again when Senator Jones announced his retirement. Newlands realized that he had to unify Democrats and Silver Party members in order to win control of the state legislature. His well-funded efforts paid off, as he defeated a challenger that was hand-picked by Senator Stewart. Newlands won the seat on the first ballot by a vote of thirteen to four in the Nevada Senate and thirty to five votes in the Nevada House.[24] See the roll call vote here. Once Senator Jones, an established political figure, retired from the U.S. Senate, Newlands’s wealth and political experience (which was largely possible in the first place because of his wealth) won him the open seat.

If Francis Newlands were alive today, he might have some political wisdom for the Nevada Senate candidates who are each well-funded and have adequate political experience. Newlands would have recognized the changes in the voting demographic in Nevada and advised Cortez Masto to emphasize her government experience in the context of being a Latina and a woman in a state that has never elected either to the U.S Senate. And he might advise Heck to distance himself even further from Trump and play up the range of his public service to Nevada, from military, to medical, to legislative. Both candidates have demonstrated their ability to win an election decided by a wider constituency than Newlands faced when Senate elections were indirect. But Newlands knew enough to emphasize what he had done for the state and how he would be different from the towering long-serving Senator whose seat he was trying to win. In that same way, in 2016, the winner of the open seat in Nevada may be determined by which candidate more successfully highlights their own past and emerges from the shadow of prominent figures within their own party.

Wendy J. Schiller is a professor of political science and international & public affairs and the Chair of the Department of Political Science at Brown University.

Wendy J. Schiller

Wendy J. Schiller


[1] Steve Tetreault and Ben Botkin, “Rep Joe Heck Says He’s Running for US Senate,” Las Vegas Review-Journal, July 6, 2015. Accessed on August 4, 2016.

[2] Molly O’Toole, “Meet Joe Heck, the GOP One-Star General Who Could Take Reid’s Senate Seat,” Defense One May 31, 2015. Accessed on August 4, 2016 .

[3] “Joe Heck (R)”, The Wall Street Journal. Accessed on August 4, 2016.

[4] “Races for the November 4, 2008 General Election,” The Las Vegas Sun. Accessed on August 4, 2016.

[5] “Meet Joe,” Dr. Joe Heck for U.S. Senate. Accessed on August 4, 2016.

[6] “2015 Report Card, Rep. Joseph Heck,” GovTrack. Accessed on August 4, 2016.

[7] “Joe Heck,” Ballotpedia. Accessed on August 4, 2016.

[8] Andrea Drusch, “Meet the Woman Harry Reid Wants to Replace Him in the Senate,” The Atlantic, March 27, 2015. Accessed on August 4, 2016.

[9] Ibid.

[10] “About,” Catherine Cortez Masto for Senate. Accessed on August 4, 2016.

[11] Ibid.

[12] Facebook, Catherine Cortez Masto. Accessed on August 4, 2016 .

[13] Burgess Everett, “Inside the GOP’s Campaign to Snatch Harry Reid’s Senate Seat,” Politico, June 5, 2016. Accessed on August 4, 2016.

[14] “Poll Chart: 2016 Nevada Senate Race,” The Huffington Post. Accessed on August 20, 2016.

[15] Opensecrets, “Nevada Senate Race.” Accessed on August 3, 2016 .

[16] Burgess Everett, “Inside the GOP’s Campaign to Snatch Harry Reid’s Senate Seat,” Politico, June 5, 2016. Accessed on August 4, 2016.

[17] Wendy J. Schiller and Charles Stewart III, Electing the Senate: Indirect Democracy before the Seventeenth Amendment (Princeton: Princeton University Press, 2014), 93.

[18] Ibid.

[19] Ibid, 94.

[20] William D. Rowley, Reclaiming the Arid West: The Career of Francis G. Newlands (Bloomington: Indiana University Press, 1996), 68-69.

[21] Schiller and Stewart, Electing the Senate, 94.

[22] Ibid, 95.

[23] Ibid, 95-96.

[24] Ibid, 96.

Pennsylvania Senate Election 2016: Pragmatism and Intraparty Conflict

Wendy Schiller & Cory Manento

This piece appears concurrently on the Brown University website.

electing the senate schiller jacketWith Donald Trump and Hillary Clinton each vying to win Pennsylvania in November, all eyes are on that state in terms of the presidency.  But there is a contested Senate race in 2016 this year pitting Pat Toomey, a 1st term conservative Republican incumbent against Katie McGinty, a well-connected Democratic Party challenger; at the moment they are locked in a virtual tie.  What is striking about this year’s Senate race in Pennsylvania is how much it shares in common with a Senate election held more than 100 years ago, when U.S. Senators were elected in state legislatures. It was not until 1913, with the ratification of the Seventeenth Amendment, that voters got the opportunity to directly elect their U.S. Senators.

At the turn of the twentieth century, Pennsylvania politics was dominated by the statewide Republican Party; for that entire period, every politician seeking higher office had to pass through the party filter in order to be successful.[1] Modern Pennsylvania politics is much more competitive however, with Democrats often winning statewide office and Congressional races. This fact, along with the advent of the direct election of U.S. Senators, has changed the political calculus of senators from the Keystone State who now must appeal to a broader constituency rather than a single dominant party. In the discussion that follows, Cory Manento and I analyze incumbent Pennsylvania Republican Senator Pat Toomey’s electoral career as it compares to one of Pennsylvania’s most famous U.S. Senators from the past, Matthew Quay. Even though more than 100 years separates these two U.S. Senators, they each overcame political defeat, intraparty conflict, and managed to establish a reputation for serving their states albeit in very different ways.

Pat Toomey – a political newcomer

Pennsylvania Senator Pat Toomey (R) had almost zero political experience when he ran successfully for the House of Representatives in 1998, but it was his passion for fiscal conservatism and the “watershed” 1994 elections that inspired him to enter politics.[2] One might expect Toomey to be a Democrat based on his background – he was born to union-worker Democratic parents in Providence, Rhode Island – but rather than being shaped by his childhood, his political ideology was shaped by his career as a Wall Street investment banker, which he began soon after graduating from Harvard.[3] It was in the banking industry that Toomey learned to oppose government regulations on the private sector and support an unfettered free market with low taxes. In 1990, Toomey moved to Allentown, Pennsylvania and opened up a restaurant with his siblings. He decided to enter politics in 1994 and served on the local Government Study Commission, leaving his mark by making it more difficult to raise local taxes.[4]

Sensing an opportunity, Toomey set his eyes on the open House of Representatives seat in his district in 1998. The seat, in Pennsylvania’s 15th Congressional District, was previously held by Democrat Paul McHale. By running on an anti-regulation agenda Toomey was able to win the support of the business community, which provided perhaps the decisive assistance his campaign required to win the six-candidate Republican House primary.[5] He went on to win the general election easily, and served three terms in the House. During his House tenure, Toomey (unsurprisingly) developed a reputation for fiscal conservatism. He served from 1999 to January 2005, making good on his campaign pledge to serve only three terms.[6]

But serving three terms did not mean the end of Toomey’s political aspirations. While still a House member, but knowing he would be leaving, Toomey challenged long-serving moderate Republican U.S. Senator Arlen Specter in the 2004 Republican Senate primary. Considered by many a long-shot candidate, Toomey cast Specter as too liberal and surprised observers by coming within two percentage points of unseating the senator.[7] Toomey’s 2004 primary bid was seen by some as a prelude to the conservative Tea Party – a faction within the Republican Party – and its electoral success in 2010.

Indeed, when Specter was again up for reelection in 2010, another Toomey challenge loomed. Rather than risk losing by again being portrayed as a liberal Republican, Specter decided to change parties. He eventually lost the Democratic primary anyway, while Toomey handily won the Republican primary. In the general election, Toomey was one of the most visible candidates in the Tea Party movement, railing against deficit spending, calling for extending the Bush Tax Cuts, and bemoaning the size of the national debt.[8] He again won support from the business community and fiscally conservative political action committees (PACs), including the Club for Growth, which he led from 2005 to 2009.[9] Toomey defeated Democratic Congressman Joe Sestak with 51 percent of the vote.

Prior to becoming a U.S. Senator, Toomey relished his “outsider” status and used it to his advantage as he criticized – and defeated – the “establishment.” But Senator Toomey has undoubtedly shifted away from his outsider status and revealed a pragmatic understanding of his electoral prospects. He did not join the Senate Republicans’ Tea Party Caucus in 2011 despite running as a Tea Party candidate, for instance. He also has proven to be a moderate on some social issues like LGBT rights, and has pushed for expanded background checks for gun sales.[10]

Toomey’s sharp criticism of U.S. fiscal policy during his 2010 campaign and his experience working in the financial services industry did not go unnoticed by Senate Republican leadership who put him on key committees in that issue area: the Finance Committee; the Committee on the Budget, and the Banking, Housing and Urban Affairs Committee. Additionally, he is chairman of the Finance Subcommittee on Health Care and the Banking Subcommittee on Financial Institutions and Consumer Protection. Through these committees and subcommittees, Toomey takes credit for his efforts and says he “fights for fiscal responsibility as well as for ending the overspending, higher taxes, and excessive red tape coming out of Washington.”[11]

One particularly revealing way to illustrate Toomey’s pragmatism is to compare measures of his voting record in the House of Representatives to his voting record in the Senate. In the 108th Congress (2003-2005), Toomey was in the 94th percentile for conservatism among House Republicans. When he became a senator, he dropped to the 57th percentile for conservatism among Senate Republicans.[12] This reflects Toomey’s understanding of his constituency. He was able to be a more conservative Republican in the House because his constituency was more narrow and homogenous. His district was also relatively “safe,” as he won his three elections by 10, 8, and 14 percentage points, respectively.[13] Pennsylvania, however, is considered a swing state that has voted Democratic in every presidential election since 1988, and its other senator is Democrat Bob Casey Jr. So it is clear that Toomey has needed to be pragmatic and broaden his appeal to voters that might not be as conservative as the voters that elected him to the House.

In order to distance himself from the Republican brand in the wake of factionalism within the party, Toomey’s strategy thus far has decidedly been to run on what he has done individually as a senator for Pennsylvania. The bipartisan JOBS Act of 2012, of which Toomey was a primary author, passed through the Senate’s Banking Committee with Toomey’s vote before being approved by Congress and signed by President Obama. The bill remains one of Toomey’s most prominent legislative achievements and is one of his central campaign talking points.[14] Moreover, an examination of his sponsored bills reveals a legislative agenda tailored to his constituency: Pennsylvania ranks fourth nationwide in veteran population, and Toomey has sponsored several bills aimed at serving war veterans.[15] He has also sponsored a large number of bills related to crime and law enforcement, and touts his ability to “keep Pennsylvania’s children and families safe.”[16]

Toomey’s challenger, Democrat Katie McGinty, is doing her best to associate him with the national Republican Party. McGinty is a former state and federal environmental official who was the Democratic establishment’s choice to challenge Toomey. In the Democratic Senate primary, she defeated second-time Senate candidate Joe Sestak and other rivals with the help of millions in funding from the party and endorsements from President Obama and other Democrats.[17]  In the general election, McGinty has tried to cast Toomey as another national Republican who is out of step with most Americans on issues like health care and guns.[18] Toomey has raised a significant amount of money in an attempt to counter that image. So far in the 2016 campaign, Toomey has raised nearly $23 million, while spending $15 million of that total, leaving about $8 million remaining in cash on hand.[19] His top contributor (as it was in 2010) is the Club for Growth, and the vast majority of contributors to his campaign are financial institutions. Katie McGinty has raised $6.7 million and spent $4.3 million to date.  Toomey has outspent McGinty by more than three to one thus far but is currently tied with her (within the margin of error) according to recent polls.[20]

Despite Toomey’s best efforts, intraparty factionalism could potentially hurt him in the general election, especially as it relates the 2016 presidential election. Undoubtedly aware of Donald Trump’s poor favorability ratings with general election voters, Toomey has publicly distanced himself from the Republican presidential nominee, did not attend the Republican Party nominating convention in Cleveland, and refrained from offering a clear endorsement. Instead, he only seems willing to say that he is “inclined” to support Trump, but at the same time lamented that Trump’s “vulgarity, particularly toward women, is appalling.”[21] While his 2010 campaign and his Senate career have thus far shown his ability to appeal to both conservative and moderate voters, Toomey risks alienating Trump supporters after Trump handily won the Pennsylvania Presidential primary in April. This factionalism within the Republican Party makes the general election doubly difficult on Toomey, as he must find a way to unite Republicans behind him in his effort to defeat Katie McGinty.

Matthew Quay: The Art of the Machine

Pennsylvania Republican Matthew Quay entered politics prior to the Civil War, serving as a state representative. After fighting in the war, Quay reentered state politics and began to make a name for himself in the state’s dominant Republican Party. From 1872 to 1882, Quay served as U.S. Senator Simon Cameron’s political lieutenant.[22] Cameron had built the Pennsylvania Republican political machine through political patronage, guaranteeing loyal party activists jobs in return for political support, and Quay was widely regarded as his heir apparent.

As a leader of the Republican machine and eventually as Senator, Quay was forced to contend with factionalism within his own party. One of his tasks as a party leader was to organize support for the machine’s preferred candidates in the U.S. Senate elections which were decided by state legislatures. In the 1881 U.S. Senate election, Quay’s job was to coalesce support behind the Republican machine’s preferred candidate, William Wallace. Republicans from the northern and western parts of the state, known as “bolters,” instead threw their support behind two other Republican candidates.

Under the indirect system of elections, each chamber of the state legislature met separately at the beginning of their legislative session to vote for senator; a candidate who received a majority in each chamber was declared the winner. If no candidate received a majority, the two chambers would meet jointly and vote until a winner was chosen or they adjourned for the year. In this case, the election lasted from January 19 to February 23, and took thirty-five joint session ballots to resolve.[23] On February 22, a subset of elite Republicans from both factions met and agreed to coalesce behind a compromise candidate, John Mitchell, and he was elected the next day. Later that week, an article in the New York Times revealed that Mitchell had closer ties to the Cameron machine than had been previously thought. Although Quay was unable to build a winning coalition for William Wallace, he was ultimately able to keep the seat in Republican hands with an alternate member of the Cameron machine.

Quay’s role in the party machine had continued to grow after the 1881 standoff, and he soon came to be recognized as its leader. A prolific fundraiser, Quay is credited with saying that politics was “the art of taking money from the few and votes from the many under the pretext of protecting the one from the other.”[24] Quay himself won election to the U.S. Senate in 1887 and served while maintaining a position of power in the statewide machine.

At the end of his second term, party factionalism returned to haunt Quay in his 1899 bid for reelection. Controversy emerged when the People’s Bank of Pennsylvania revealed that state monies invested in the bank were paying their interest directly to Quay, not to the state. Quay was arrested and put on trial almost at the same moment that the state legislature convened to elect a U.S. Senator.[25] Anti-Quay forces saw the scandal as an opportunity to unseat the incumbent senator. Gridlock ensued, however, when the strength of partisan loyalty expressed itself: not enough Republicans were going to abandon their party’s incumbent Senate candidate, and too few Democrats were willing to cross the aisle to deny Quay’s reelection if it simply meant the election of another Republican in his stead. After an incredible 79 ballots, the legislative session expired and the election ended in a deadlock. See for the actual ballots in the Pennsylvania Senate election.

The day after the legislature adjourned, Governor William A. Stone appointed Quay to fill the vacancy in the Senate caused by the deadlocked election. The U.S. Senate, however, quickly voted to deny Quay the seat due to the obviously dubious circumstances of his appointment. However, just as Pat Toomey ran for Senate again after losing to Specter in the primary, Quay returned in 1901 to run for the Senate seat that had been vacant since 1899. This time he successfully overcame party factionalism and won the election; Quay served as senator until his death in 1904.

It is clear, though, that Toomey and Quay share a different kind of electoral pragmatism. In the age of indirect elections and party machines, politicians needed to have party ties to wield power (which Quay clearly did) in order to be successful. In the modern age of direct elections, partisan polarization runs very deep, but 2016 is showing that individual senators must still be responsive to voter preferences and constituent interests in their home state. Even with the political differences between then and now, Republican Party factionalism still threatens the reelection of a U.S. Senator from Pennsylvania just as it did over 100 years ago. Though it bears remembering that the factionalism surrounding Quay was partly the result of his own corrupt actions, the circumstances surrounding Quay and Toomey serve as a reminder that party cohesiveness can be just as important to maintaining power as the institutional arrangement of elections.

Wendy J. Schiller is associate professor of political science and public policy at Brown University and author of Electing the Senate, along with Charles Stewart III. Stewart is the Kenan Sahin Distinguished Professor of Political Science at Massachusetts Institute of Technology.

[1] Wendy J. Schiller and Charles Stewart III, Electing the Senate: Indirect Democracy before the Seventeenth Amendment (Princeton: Princeton University Press, 2014), 80.

[2] CSPAN, “Representative-Elect Pat Toomey” 1998 Washington Journal. Accessed on June 28, 2016 at

[3] Patrick Kerkstra, “Pat Toomey is Surprisingly Moderate,” Philadelphia Magazine, July 26, 2012. Accessed on June 28, 2016 at

[4] Gregory Lewis McNamee, “Pat Toomey: United States Senator,” Encyclopedia Brittanica. Accessed on June 28, 2016 at

[5] Brooks Jackson and Stuart Rothenberg, “Toomey takes Pennsylvania’s 15th District for GOP,” CNN, November 3, 1998. Accessed on June 28, 2016 at  

[6] Manu Raju, “Specter’s Future Rests with Toomey,” Politico, December 10, 2008. Accessed on June 28, 2016 at

[7] Ibid.

[8] Thomas Fitzgerald, “How Pat Toomey Outpaced Joe Sestak – and his own Campaign’s Expectations,” Philadelphia Inquirer, November 4, 2010. Accessed on June 28, 2016 at

[9] “Club for Growth” Accessed on June 28, 2016 at Toomey received more than twice as many funds from the Club for Growth than any other Senate or House candidate in the 2010 cycle.

[10] John Baer, “Toomey’s Trouble isn’t Guns” Philadelphia Inquirer June 21, 2016. Accessed on June 28, 2016 at

[11] Toomey for Senate, Senator Toomey – A Record of Leadership. Accessed on June 28, 2016 at .

[12] Harry Enten, “Conservatives in the House, then Moderates in the Senate,” FiveThirtyEight January 9, 2015. Accessed on June 28, 2016 at

[14] Toomey for Senate, Senator Toomey – A Record of Leadership. Accessed on June 28, 2016 at .

[16] Toomey for Senate, Senator Toomey – Issues. Accessed on June 28, 2016 at .

[17] Marc Levy, “Pennsylvania Democrats Pick Establishment’s Senate Candidate,” Associated Press, April 26, 2016. Accessed on June 28, 2016 at

[18] Katie McGinty for Senate  – Issues. Accessed on June 28, 2016 at

[19] Opensecrets, “Sen. Pat Toomey – Summary.” Accessed on June 28, 2016 at

[20] Opensecrets, “Summary Data: 2016 Race: Pennsylvania Senate.” Accessed on August 4, 2016 at; Laura Olson and J. Dale Shoemaker. “Pat Toomey walks ‘tightrope’ when it comes to responding to Trump’s remarks.” The Morning Call.  August 4, 2016.  Accessed at

[21] John Baer, “Sen. Toomey Straddles Fence on Trump Endorsement,” The Morning Call, May 11, 2016. Accessed on June 28, 2016 at

[22] Schiller and Stewart, Electing the Senate, 81.

[23] Ibid

[24] James A. Kehl, Boss Rule in the Gilded Age: Matt Quay of Pennsylvania (Pittsburgh: University of Pittsburgh Press, 1981), xiii.

[25] Schiller and Stewart, Electing the Senate, 84.


The Law is a White Dog author Colin Dayan debunks the rationality of law

What do abused dogs, prisoners tortured in Guantánamo and supermax facilities, and slaves killed by the state have in common? They have all been deprived of their personhood by the law. In The Law is a White Dog, Colin Dayan shows how the law can be used to dehumanize and marginalize, even as it upholds civil order. Dayan puts the topic in historical context, showing how these issues are still prevalent today. In an interview with WFHB Indiana, the author speaks to recent instances of police brutality. Listen for a fresh take on a a timely issue.

Leah Wright Rigueur: Black conservatives do not speak for the black majority

Aeon Magazine logo

By Leah Wright Rigueur

Published in association with Aeon Magazine, a Princeton University Press partner.

When black voices rally to validate and defend extremist ideas, political observers should watch with heavy skepticism. In April, the National Diversity Coalition for Donald Trump launched a campaign in support of the controversial presidential candidate. ‘This man is no more racist than Mickey Mouse is on the Moon!’ Bruce LeVell, the coalition’s co-founder and a businessman from Georgia, told The Washington Post. Better yet, what are we to make of the former Republican presidential candidate Ben Carson’s puzzling endorsement of Trump?

At a moment when black Americans, of all ideological persuasions, are deeply concerned with a status quo in the United States that allows racial inequality (and discrimination) to fester, black boosters for the party’s right wing have insisted that the ‘race issue’ is a distraction. Some even claim that black America will benefit from a Trump presidency. This kind of posturing might seem mystifying to some degree, but it is not new; there have always been black people willing to endorse the nation’s most extreme figures. The civil rights activist James Meredith worked for the Republican senator Jesse Helms in 1989, after all.

Employing black ‘surrogates’ or spokespeople for extremist candidates has become a way of validating non-traditional ideas as ‘authentic’, while at the same time invalidating accusations of racism. While the Democratic Party also has employed black voices in this manner (much to the distaste of its critics), the Republican Party’s use of conservative black voices is all the more fascinating because black conservatives’ beliefs are generally at odds with mainstream black opinion.

Egregious contemporary and historical examples abound. Consider the National Black Silent Majority Committee (BSMC), a black conservative organisation launched on 4 July 1970. Founded by Clay Claiborne (a former Republican National Committee staffer acquitted of defrauding black voters in the 1964 presidential election), the BSMC professed a faith in free-market enterprise and two-party competition, and adhered to a strict anti-communist, anti-welfare, anti-busing, pro-‘law and order’ agenda. Unlike other black Republican groups of the era, the BSMC articulated neither public nor private complaints about race and the Republican Party. Instead, the organisation exclusively blamed black people for the country’s problems with race. Upon the group’s founding, the civil rights activist Julian Bond called the BSMC a ‘trick’ to ‘subvert black political hopes on the altar of white supremacy and political expediency’.

The BMSC used Richard Nixon’s rhetoric of a forgotten class of Americans, claiming to speak for a majority of silent black Americans, ‘sick and tired of the agitation, shouting, burning and subversion carried out in their name by self-styled militant groups’. The organisation assembled a high-profile group of black men and women willing to endorse conservative values, including the national president of the Negro Elks fraternal order, the founders and publishers of the black newspapers the Atlanta Daily World and the Arizona Tribune (now The Informant), and dozens of black ministers from around the country. Black women also took on prominent roles as BSMC surrogates – an unusual occurrence, as black women were, and still are, the least likely of any demographic to support the Republican Party.

In 1972, for example, Mary Parrish was the star speaker of the BSMC’s 52-city ‘Black Youth Voter Crusade’. Parrish, a black Democrat-turned-Republican (who started her career campaigning for Congresswoman Shirley Chisholm) used her pulpit to claim that liberals had ‘politically enslaved’ black people, especially black women; the Republican Party, she insisted, without providing tangible examples, represented the best hope for the ‘continued advancement of black people’. Parrish’s unusual turn as the ‘face’ of the BSMC is not an isolated event. Today, black women are among the most high-profile of the Trump campaign’s spokespeople.

But such minority endorsements are sporadic, and rarely translate into partisan support. When the BSMC launched in 1970, more than 72 per cent of black Americans held unfavourable views of President Nixon. Currently, about 80 per cent of black people hold unfavourable views of Trump. For both the BSMC and Trump’s black surrogates, this disconnect is consistent with their resolute dismissal of issues related to racial and social inequality, and their harsh criticism of black people who reject the Republican nominee.

Back in the 1970s, the BSMC readily admitted that the vast majority of its supporters were white. As the historian Matt Lassiter has suggested, the Nixon White House ‘orchestrated’ the creation of the BSMC to provide a counter-narrative to black moderate, and militant, voices, which also appealed to ‘white voters who believed that the civil rights and antiwar movements had gone too far’.

My own research shows that the all-white National Republican Congressional Committee (NRCC) was also a heavy financial backer of the BSMC from the start, providing start-up funds, financing the group’s cross-country ‘Patriotism’ and ‘Anti-Busing’ crusades, regularly highlighting the BSMC’s adventures to the public, and arranging private meetings with influential white officials.

In an unintentionally ironic moment in 1970, the then South Carolina senator Strom Thurmond, a vocal cheerleader for the BSMC, declared that the organisation’s existence proved that plenty of black radicals were attempting to ‘speak for groups which they do not actually represent’. Indeed, by the mid-1970s, politicians actively used the BSMC to elicit broader political support for right-wing agendas largely rejected by black audiences, by suggesting that the group spoke for a black majority. The BSMC also provided a buffer against charges of racism, with white politicians arguing that their own policies couldn’t possibly be racist or discriminatory, since the BSMC endorsed them. In this way, the BSMC reassured white conservative voters uncomfortable with the social taboo of racism.

The BSMC is just one example of many organisations (and individuals) to emerge in the past few decades in support of ideas on the fringes of black political thought. As a result, black Republicans critical of their party’s position on race saw their influence within the party dwindle, as groups such as the BSMC saw their stock rise among the Republican Party’s right wing. New quantitative research suggests that little has changed; Republican politicians are more interested in championing right-wing black Republicans whose views on race fall outside mainstream black political thought than those whose race-conscious messages are more closely aligned with the attitudes of black people at large. For most black Republicans within the party, this sends a clear and troubling message – power for the party’s minorities often comes by way of endorsing right-wing extremism.

Thus Trump’s turn to minority (especially black) spokespeople should come as little surprise. But while race lends an air of legitimacy to extremist candidates, it rarely presents an accurate picture of black political opinion. If anything, when the extremists play the ‘race card’, genuine concern for racial issues are likely to be buried.

Leah Wright Rigueur The Loneliness of the Black Republicanis an assistant professor of public policy at the Harvard Kennedy School of Government. She is the author of The Loneliness of the Black Republican: Pragmatic Politics and the Pursuit of Power (2015).

Ethicist Jason Brennan: Brexit, Democracy, and Epistocracy

By Jason Brennan

The Washington Post reports that there is a sharp uptick today in the number of Britons Googling basic questions about what the European Union is and what the implications of leaving are. This is a bit like deciding to study after you’ve already taken the final exam.

Technically, the Brexit referendum is not binding. Parliament could decide to hold their own vote on whether to leave the European Union. Perhaps they should. Perhaps the UK’s leaders owe it to the people to thwart their expressed will.

Leaving the EU is no small affair. It probably will have enormous effects on the UK, Europe, and much of the rest of the world. But just what these effects will be is unclear. To have even a rudimentary sense of the pros and cons of Brexit, a person would need to possess tremendous social scientific knowledge. One would need to know about the economics and sociology of trade and immigration, the politics of centralized regulation, and the history of nationalist movements. But there is no reason to think even a tenth of the UK’s population has a basic grasp of the social science needed to evaluate Brexit.

Political scientists have been studying voter knowledge for the past 60 years. The results are uniformly depressing. Most voters in most countries are systematically ignorant of even the most basic political facts, let alone more the social scientific theories needed to make sense of these facts.

This brings us to the central injustice of democracy, and why holding a referendum was a bad idea. Imagine, as an analogy, that you are sick. You go to a doctor. But suppose your “doctor” doesn’t study the facts, doesn’t know any medicine, and makes her decisions about how to treat you on a whim, on the basis of prejudice or wishful thinking. Imagine the doctor not only prescribes you a course of treatment, but literally forces you, at gunpoint, to accept the treatment.

We’d find this behavior intolerable. Your doctor owes you a duty of care. She owes it to you to deliver an expert opinion on the basis of good information, a strong background knowledge of medicine, and only after considering the facts in a rational and scientific way. To force you to follow the decisions incompetent and bad faith doctor is unjust.

But this is roughly what happens in democracy. Most voters are ignorant of both basic political facts and the background social scientific theories needed to evaluate the facts. They process what little information they have in highly biased and irrational ways. They decided largely on whim. And, worse, we’re each stuck having to put up with the group’s decision. Unless you’re one of the lucky few who has the right and means to emigrate, you’re forced to accept your democracy’s poorly chosen decisions.

There’s a big dilemma in the design of political institutions. Should we be ruled by the few or the many? What this amounts to is the choice between being ruled by the smart but selfish or dumb but nice. When only a small number of people hold power, they tend to use this power for their own ends at the expense of everyone else. If a king holds all the power, his decisions matter. He will likely use that power in a smart way, but smart for himself, rather than smart for everybody. Suppose instead we give everyone power. In doing so, we largely remove the incentive and ability for people to use power in self-serving ways at the expense of everyone else. But, at the same time, we remove the incentive for people to use power wisely. Since individual votes count for so little, individual voters have no incentive to become well-informed or to process information with any degree of care. Democracy incentivizes voters to be dumb.

Going back to the doctor analogy, here’s the dilemma: Suppose you could choose between two doctors. The first doctor prescribes you medicine based on what’s good for her, not you. The second is a complete fool who prescribes you medicine on whim and fancy, without reference to the facts. Roughly, with some exaggeration, that’s what the choice between monarchy or democracy amounts to. Neither is appealing.

What if there were a third way, though? In my forthcoming book, Against Democracy, I explore a way of splitting the difference. The trick is to find a political system that both 1) spreads power out enough to prevent people from using power selfishly and 2) weeds out or at least reduces the power of incompetent decision-makers.

In some sense, republican democracy, with checks and balances, was meant to do just that. And to a significant degree it succeeds. But perhaps a new system, epistocracy, could do even better.

In an epistocracy, political power is to some degree apportioned according to knowledge. An epistocracy might retain the major institutions we see in republican democracy, such as parties, mass elections, constitutional review, and the like. But in an epistocracy, not everyone has equal basic political power. An epistocracy might grant some people additional voting power, or might restrict the right to vote only to those that could pass a very basic test of political knowledge. Any such system will be subject to abuse, and will suffer from significant government failures. But that’s true of democracy too. The interesting question is whether epistocracy, warts and all, would perform better than democracy, warts and all.

All across the West, we’re seeing the rise of angry, resentful, nationalist, xenophobic and racist movements, movements made up mostly of low-information voters. Perhaps it’s time to put aside the childish and magical theory that democracy is intrinsically just, and start asking the serious question of whether there are better alternatives. The stakes are high.

brennanJason Brennan is the Robert J. and Elizabeth Flanagan Family Associate Professor of Strategy, Economics, Ethics, and Public Policy at the McDonough School of Business at Georgetown University. He is the author of The Ethics of Voting (Princeton), Why Not Capitalism?, and Libertarianism. He is the coauthor of Markets without Limits, Compulsory Voting, and A Brief History of Liberty. His new book, Against Democracy, is out this August. He writes regularly for Bleeding Heart Libertarians, a blog.

Paula S. Fass: How will young Americans vote?

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By Paula S. Fass

As the primary process comes to an end, and the unexpected youth magnet Bernie Sanders now finds himself with practically zero chance to win the Democratic nomination, it will be interesting to see where America’s youth turn their attention. Neither Hillary Clinton nor Donald Trump are youngsters – both are in their late 60s. Since neither explicitly articulates (at least not so far) the economic needs of millennials or Generation Xers, it might be worth thinking about what kinds of cultural issues could affect younger Americans and bring them to the polls. Three factors seem especially important – race, sex and sexuality, and media savvy. These are pulse points for young Americans and the candidates posture (more even than their positions) and the vibes they emit may provide young Americans with a reason to vote.

A reality TV star with the “in your face” attitude that young people have come to expect and to admire on television (even from liberal figures like Ellen DeGeneres and Jon Stewart), Trump’s ability to control the 24-hour news cycle and his short attention span on issues is both a product of a life lived in the media and one that attracts it. Trump uses the same biting and nasty attacks as reality stars whose insults are at once demeaning and funny. Hillary Clinton’s much more deliberate, thoughtful and well prepared approach to issues may be persuasive to people her age (like me) but can seem uncool and inhibited to young people. I don’t think Hillary should or could change this and no number of changes in hair styles and makeup can compensate for this lack of media friendly self-presentation (indeed it may have the opposite effect), but it may hurt her in turning out young Americans.

Donald Trump prides himself on exploiting the latent racial antagonism in America that some intellectuals and pundits believed had been largely quelled by the Obama election. Deep-lying historical patterns are not so easily overcome and some reaction might have been expected. Hillary manifestly reaches out to ethnic and racial minorities and this may mean that young Latinos as aspirants to full American cultural importance, especially, and African Americans will come out in large numbers where it matters most in states like Florida and Michigan. At the same time, Hillary does not have Bill Clinton’s natural appeal to African Americans (despite his recent missteps on his sentencing legislation) and for various reasons Hillary may be reluctant to bring Bill into the campaign in a maximal way (see below). Young African Americans, men especially, may find Hillary’s style uninviting and unless she begins to offer some real remedies for the problems experienced by black youth in the economy she may find that their appearance at the polls is not a sure thing.

On sex and sexuality (rather than gender), the picture is very fuzzy. Clearly Hillary’s strong pro-choice posture should appeal to young women whose ability to act as full sexual beings (something most of them take for granted today but was not true in the past) is made possible by the contraceptive and abortion revolution of the last half century. At the same time, young women today are haunted by rape and sexual harassment. Since Hillary trails Bill Clinton’s misdeeds (and her own complicit acceptance of his behavior) behind her, the sexual issue is by no means a certain win for Hillary. Trump has just begun his overt references to these matters. There is more to come. Even if Bill never raped anyone as Trump contends, Trump will make the most of how the first Clinton’s presidency was soiled by a man who could not control his sexual appetites and preyed on a young intern. This was a very public scandal, and unlike Trump’s escapades, it took place while Bill Clinton held the highest office in the land and in the White House. Trump, of course, has been married three times and in each case to someone who is or who resembles a model. That can be viewed even by young people as one of the prerogatives of great wealth. The president of the United States, however, is not like the king of France in the ancient régime, someone to whom all women in court were available.

Trump talks about women as bimbos or as disgusting and this is hardly the language of a potential president. This frat boy attitude may wear very thin as the campaign progresses and be viewed less as an expression of Trump’s anti-political correctness temperament than as a real threat to the safety of women. Rape is a real problem and the increasing attention given to it in the media and the growing publicity about sexual harassment in college sports (as well as among professional athletes) suggests that Trump may find that young women will go to the polls in droves to express their fears and signal their anger at being made to feel unsafe and under attack.

What their brothers will do is less clear. While sexism seems to have declined as young women and men become colleagues and share group experiences in adolescence, the growing sexual threats to women (even by friends and colleagues) indicate that something besides a new equality is being signaled. Perhaps it is the result of the latent hostility that has resulted from the real competition women offer as they assume the same jobs and roles as men. This competition and its economic consequences may well make Trump a far more attractive candidate to young men than we expect.

All elections are unpredictable; this one more than most. With Hillary still fighting off Bernie Sanders and Donald Trump gaining in the polls against her, observers should keep a keen eye on the inclinations of young Americans. Their votes may make all the difference.

FassPaula S. Fass is professor of Graduate School and the Margaret Byrne Professor of History Emerita at the University of California, Berkeley. She is the author of of Kidnapped and Children of a New World and editor of The Routledge History of Childhood in the Western World. Fass currently resides in Berkeley, California. Her latest book is The End of American Childhood: A History of of Parenting from Life on the Frontier to the Managed Child.