End Gerrymandering by Focussing on the Process, Not on the Outcomes

A.  Introduction

There is little that is as destructive to a democracy as gerrymandering.  As has been noted by many, with gerrymandering the politicians are choosing their voters rather than the voters choosing their political representatives.

The diagrams above, in schematic form, show how gerrymandering works.  Suppose one has a state or region with 50 precincts, with 60% that are fully “blue” and 40% that are fully “red”, and where 5 districts need to be drawn.  If the blue party controls the process, they can draw the district lines as in the middle diagram, and win all 5 (100%) of the districts, with just 60% of the voters.  If, in contrast, the red party controls the process for some reason, they could draw the district boundaries as in the diagram on the right.  They would then win 3 of the 5 districts (60%) even though they only account for 40% of the voters.  It works by what is called in the business “packing and cracking”:  With the red party controlling the process, they “pack” as many blue voters as possible into a small number of districts (two in the example here, each with 90% blue voters), and then “crack” the rest by scattering them around in the remaining districts, each as a minority (three districts here, each with 40% blue voters and 60% red).

Gerrymandering leads to cynicism among voters, with the well-founded view that their votes just do not matter.  Possibly even worse, gerrymandering leads to increased polarization, as candidates in districts with lines drawn to be safe for one party or the other do not need to worry about seeking to appeal to voters of the opposite party.  Rather, their main concern is that a more extreme candidate from their own party will not challenge them in a primary, where only those of their own party (and normally mostly just the more extreme voters in their party) will vote.  And this is exactly what we have seen, especially since 2010 when gerrymandering became more sophisticated, widespread, and egregious than ever before.

Gerrymandering has grown in recent decades both because computing power and data sources have grown increasingly sophisticated, and because a higher share of states have had a single political party able to control the process in full (i.e. with both legislative chambers, and the governor when a part of the process, all under a single party’s control).  And especially following the 2010 elections, this has favored the Republicans.  As a result, while there has been one Democratic-controlled state (Maryland) on common lists of the states with the most egregious gerrymandering, most of the states with extreme gerrymandering were Republican-controlled.  Thus, for example, Professor Samuel Wang of Princeton, founder of the Princeton Gerrymandering Project, has identified a list of the eight most egregiously gerrymandered states (by a set of criteria he has helped develop), where one (Maryland) was Democratic-controlled, while the remaining seven were Republican.  Or the Washington Post calculated across all states an average of the degree of compactness of congressional districts:  Of the 15 states with the least compact districts, only two (Maryland and Illinois) were liberal Democratic-controlled states.  And in terms of the “efficiency gap” measure (which I will discuss below), seven states were gerrymandered following the 2010 elections in such a way as to yield two or more congressional seats each in their favor.  All seven were Republican-controlled.

With gerrymandering increasingly common and extreme, a number of cases have gone to the Supreme Court to try to stop it.  However, the Supreme Court has failed as yet to issue a definitive ruling ending the practice.  Rather, it has so far skirted the issue by resolving cases on more narrow grounds, or by sending cases back to lower courts for further consideration.  This may soon change, as the Supreme Court has agreed to take up two cases (affecting lines drawn for congressional districts in North Carolina and in Maryland), with oral arguments scheduled for March 26, 2019.  But it remains to be seen if these cases will lead to a definitive ruling on the practice of partisan gerrymandering or not.

This is not because of a lack of concern by the court.  Even conservative Justice Samuel Alito has conceded that “gerrymandering is distasteful”.  But he, along with the other conservative justices on the court, have ruled against the court taking a position on the gerrymandering cases brought before it, in part, at least, out of the concern that they do not have a clear standard by which to judge whether any particular case of gerrymandering was constitutionally excessive.  This goes back to a 2004 case (Vieth v. Jubelirer) in which the four most conservative justices of the time, led by Justice Antonin Scalia, opined that there could not be such a standard, while the four liberal justices argued that there could.  Justice Anthony Kennedy, in the middle, issued a concurring opinion with the conservative justices there was not then an acceptable such standard before them, but that he would not preclude the possibility of such a standard being developed at some point in the future.

Following this 2004 decision, political scientists and other scholars have sought to come up with such a standard.  Many have been suggested, such as a set of three tests proposed by Professor Wang of Princeton, or measures that focus on the share of seats won to the share of the votes cast, and more.  Probably most attention in recent years has been given to the “efficiency gap” measure proposed by Professor Nicholas Stephanopoulos and Eric McGhee.  The efficiency gap is the gap between the two main parties in the “wasted votes” each party received in some past election in the state (as a share of total votes in the state), where a wasted vote is the sum of all the votes for a losing candidate of that party, plus the votes in excess of 50% when that party’s candidate won.  This provides a direct measure of the two basic tactics of gerrymandering, as described above, of “packing” as many voters of one party as possible in a small number of districts (where they might receive 80 or 90% of the votes, but with all those above 50% “wasted”), and “cracking” (by splitting up the remaining voters of that party into a large number of districts where they will each be in a minority and hence will lose, with those votes then also “wasted”).

But there are problems with each of these measures, including the widely touted efficiency gap measure.  It has often been the case in recent years, in our divided society, that like-minded voters live close to each other, and particular districts in the state then will, as a result, often see the winner of the district receive a very high share of the votes.  Thus, even with no overt gerrymandering, the efficiency gap as measured will appear large.  Furthermore, at the opposite end of this spectrum, the measure will be extremely sensitive if a few districts are close to 50/50.  A shift of just a few percentage points in the vote will then lead one party or the other to lose and hence will then see a big jump in their share of wasted votes (the 49% received by one party or the other).

There is, however, a far more fundamental problem.  And that is that this is simply the wrong question to ask.  With all due respect to Justice Kennedy, and recognizing also that I am an economist and not a lawyer, I do not understand why the focus here is on the voting outcome, rather than on the process by which the district lines were drawn.  The voting outcome is not the standard by which other aspects of voter rights are judged.  Rather, the focus is on whether the process followed was fair and unbiased, with the outcome then whatever it is.

I would argue that the same should apply when district lines are drawn.  Was the process followed fair and unbiased?  The way to ensure that would be to remove the politicians from the process (both directly and indirectly), and to follow instead an automatic procedure by which district lines are drawn in accord with a small number of basic principles.

The next section below will first discuss the basic point that the focus when judging fairness and lack of bias should not be on whether we can come up with some measure based on the vote outcomes, but rather on whether the process that was followed to draw the district lines was fair and unbiased or not.  The section following will then discuss a particular process that illustrates how this could be done.  It would be automatic, and would produce a fair and unbiased drawing of voting district lines that meets the basic principles on which such a map should be based (districts of similar population, compactness, contiguity, and, to the extent consistent with these, respect for the boundaries of existing political jurisdictions such as counties or municipalities).  And while I believe this particular process would be a good one, I would not exclude that others are possible.  The important point is that the courts should require the states to follow some such process, and from the example presented we see that this is indeed feasible.  It is not an impossible task.

The penultimate section of the post will then discuss a few points that arise with any such system, and their implications, and end with a brief section summarizing the key points.

B.  A Fair Voting System Should Be Judged Based on the Process, Not on the Outcomes

Voting rights are fundamental in any democracy.  But in judging whether some aspect of the voting system is proper, we do not try to determine whether or not (by some defined specific measure) the resulting outcomes were improperly skewed or not.

Thus, for example, we take as a basic right that our ballot may be cast in secret.  No government official, nor anyone else for that matter, can insist on seeing how we voted.  Suppose that some state passed a law saying a government-appointed official will look over the shoulder of each of us as we vote, to determine whether we did it “right” or not.  We would expect the courts to strike this down, as an inappropriate process that contravenes our basic voting rights.  We would not expect the courts to say that they should look at the subsequent voting outcomes, and try to come up with some specific measure which would show, with certainty, whether the resulting outcomes were excessively influenced or not.  That would of course be absurd.

As another absurd example, suppose some state passed a law granting those registered in one of the major political parties, but not those registered in the other, access to more early days of voting than the other.  This would be explicitly partisan, and one would assume that the courts would not insist on limiting their assessment to an examination of the later voting outcomes to see whether, by some proposed measure, the resulting outcomes were excessively affected.  The voting system, to be fair, should not lead to a partisan advantage for one party or the other.  But gerrymandering does precisely that.

Yet the courts have so far asked declined to issue a definitive ruling on partisan gerrymandering, and have asked instead whether there might be some measure to determine, in the voting outcomes, whether gerrymandering had led to an excessive partisan advantage for the party drawing the district lines.  And there have been open admissions by senior political figures that district borders were in fact drawn up to provide a partisan advantage.  Indeed, principals involved in the two cases now before the Supreme Court have openly said that partisan advantage was the objective.  In North Carolina, David Lewis, the Republican chair of the committee in the state legislature responsible for drawing up the district lines, said during the debate that “I think electing Republicans is better than electing Democrats. So I drew this map to help foster what I think is better for the country.”

And in the case of Maryland, the Democratic governor of the state in 2010 at the time the congressional district lines were drawn, Martin O’Malley, spoke out in 2018 in writing and in interviews openly acknowledging that he and the Democrats had drawn the district lines for partisan advantage.  But he also now said that this was wrong and that he hoped the Supreme Court would rule against what they had done.

But how to remove partisanship when district lines are drawn?  As long as politicians are directly involved, with their political futures (and those of their colleagues) dependent on the district lines, it is human nature that biases will enter.  And it does not matter whether the biases are conscious and openly expressed, or unconscious and denied.  Furthermore, although possibly diminished, such biases will still enter even with independent commissions drawing the district lines.  There will be some political process by which the commissioners are appointed, and those who are appointed, even if independent, will still be human and will have certain preferences.

The way to address this would rather be to define some automatic process which, given the data on where people live and the specific principles to follow, will be able to draw up district lines that are both fair (follow the stated principles) and unbiased (are not drawn up in order to provide partisan advantage to one party).  In the next section I will present a particular process that would do this.

C.  An Automatic Process to Draw District Lines that are Fair and Unbiased

The boundaries for fair and unbiased districts should be drawn in accord with the following set of principles (and no more):

a)  One Person – One Vote:  Each district should have a similar population;

b)  Contiguity:  Each district must be geographically contiguous.  That is, one continuous boundary line will encompass the entire district and nothing more;

c)  Compactness:  While remaining consistent with the above, districts should be as compact as possible under some specified measure of compactness.

And while not such a fundamental principle, a reasonable objective is also, to the extent possible consistent with the basic principles above, that the district boundaries drawn should follow the lines of existing political jurisdictions (such as of counties or municipalities).

There will still be a need for decisions to be made on the basic process to follow and then on a number of the parameters and specific rules required for any such process.  Individual states will need to make such decisions, and can do so in accordance with their traditions and with what makes sense for their particular state.  But once these “rules of the game” are fully specified, there should then be a requirement that they will remain locked in for some lengthy period (at least to beyond whenever the next decennial redistricting will be needed), so that games cannot be played with the rules in order to bias a redistricting that may soon be coming up.  This will be discussed further below.

Such specific decisions will need to be made in order to fully define the application of the basic principles presented above.  To start, for the one person – one vote principle the Supreme Court has ruled that a 10% margin in population between the largest and smallest districts is an acceptable standard.  And many states have indeed chosen to follow this standard.  However, a state could, if it wished, choose to use a tighter standard, such as a margin in the populations between the largest and smallest districts of no more than 8%, or perhaps 5% or whatever.  A choice needs to be made.

Similarly, a specific measure of compactness will need to be specified.  Mathematically there are several different measures that could be used, but a good one which is both intuitive and relatively easy to apply is that the sum of the lengths of all the perimeters of each of the districts in the state should be minimized.  Note that since the outside borders of the state itself are fixed, this sum can be limited just to the perimeters that are internal to the state.  In essence, since states are to be divided up into component districts (and exhaustively so), the perimeter lines that do this with the shortest total length will lead to districts that are compact.  There will not be wavy lines, nor lines leading to elongated districts, as such lines will sum to a greater total length than possible alternatives.

What, then, would be a specific process (or algorithm) which could be used to draw district lines?  I will recommend one here, which should work well and would be consistent with the basic principles for a fair and unbiased set of district boundaries.  But other processes are possible.  A state could choose some such alternative (but then should stick to it).  The important point is that one should define a fully specified, automatic, and neutral process to draw such district lines, rather than try to determine whether some set of lines, drawn based on the “judgment” of politicians or of others, was “excessively” gerrymandered based on the voting outcomes observed.

Finally, the example will be based on what would be done to draw congressional district lines in a state.  But one could follow a similar process for drawing other such district lines, such as for state legislative districts.

The process would follow a series of steps:

Step 1: The first step would be to define a set of sub-districts within each county in a state (parish in Louisiana) and municipality (in those states where municipalities hold similar governmental responsibilities as a county).  These sub-districts would likely be the districts for county boards or legislative councils in most of the states, and one might typically have a dozen or more of these in such jurisdictions.  When those districts are also being redrawn as part of the decennial redistricting process, then they should be drawn first (based on the principles set out here), before the congressional district lines are drawn.

Each state would define, as appropriate for the institutions of that specific state, the sub-districts that will be used for the purpose of drawing the congressional district lines.  And if no such sub-jurisdictions exist in certain counties of certain states, one could draw up such sub-districts, purely for the purposes of this redistricting exercise, by dividing such counties into compact (based on minimization of the sum of the perimeters), equal population, districts.  While the number of such sub-districts would be defined (as part of the rules set for the process) based on the population of the affected counties, a reasonable number might generally be around 12 or 15.

These sub-districts will then be used in Step 4 below to even out the congressional districts.

Step 2:  An initial division of each state into a set of tentative congressional districts would then be drawn based on minimizing the sum of the lengths of the perimeter lines for all the districts, and requiring that all of the districts in the state have exactly the same population.  Following the 2010 census, the average population in a congressional district across the US was 710,767, but the exact number will vary by state depending on how many congressional seats the state was allocated.

Step 3: This first set of district lines will not, in general, follow county and municipal lines.  In this step 3, the initial set of district lines would then be shifted to the county or municipal line which is geographically closest to it (as defined by minimizing the geographic area that would be shifted in going to that county or city line, in comparison to whatever the alternative jurisdiction would be).  If the populations in the resulting congressional districts are then all within the 10% margin for the populations (or whatever percent margin is chosen by the state) between the largest and the smallest districts, then one is finished and the map is final.

Step 4:  But in general, there may be one or more districts where the resulting population exceeds or falls short of the 10% limit.  One would then make use of the political subdivisions of the counties and municipalities defined in Step 1 to bring them into line.  A specific set of rules for that process would need to be specified.  One such set would be to first determine which congressional district, as then drawn, deviated most from what the mean population should be for the districts in that state.  Suppose that district had too large of a population.  One would then shift one of the political subdivisions in that district from it to whichever adjacent congressional district had the least population (of all adjacent districts).  And the specific political subdivision shifted would then be the one which would have the least adverse impact on the measure of compactness (the sum of perimeter lengths).  Note that the impact on the compactness measure could indeed be positive (i.e. it could make the resulting congressional districts more compact), if the political subdivision eligible to be shifted were in a bend in the county or city line.

If the resulting congressional districts were all now within the 10% population margin (or whatever margin the state had chosen as its standard), one would be finished.  But if this is not the case, then one would repeat Step 4 over and over as necessary, each time for whatever district was then most out of line with the 10% margin.

That is it.  The result would be contiguous and relatively compact congressional districts, each with a similar population (within the 10% margin, or whatever margin is decided upon), and following borders of counties and municipalities or of political sub-divisions within those entities.

This would of course all be done on the computer, and can be once the rules and parameters are all decided as there will no longer be a role for opinion nor an opportunity for political bias to enter.  And while the initial data entry will be significant (as one would need to have the populations and perimeter lengths of each of the political subdivisions, and those of the counties and municipalities that they add up to), such data are now available from standard sources.  Indeed, the data entry needed would be far less than what is typically required for the computer programs used by our politicians to draw up their gerrymandered maps.

D.  Further Remarks

A few more points:

a)  The Redistricting Process, Once Decided, Should be Locked In for a Long Period:  As was discussed above, states will need to make a series of decisions to define fully the specific process it chooses to follow.  As illustrated in the case discussed above, states will need to decide on matters such as what will be the maximum margin of the populations between the largest and smallest districts (no more than 10%, by Supreme Court decision, but it could be less).  And rules will need to be set on, also as in the case discussed above, what measure of compactness to use, or the criterion on which district should be chosen first to have a shift of a sub-district in order to even out the population differences, and so on.

Such decisions will have an impact on the final districts arrived at.  And some of those districts will favor Republicans and some will favor Democrats, just by random.  There would then be a problem if the redistricting were controlled by one party in the state, and that party (through consultants who specialize in this) tried out dozens if not hundreds of possible choices on the parameters to see which would turn out to be most advantageous to it.  While the impact would be far less than what we have now with the deliberate gerrymandering, there could still be some effect.

To stem this, one should require that once choices are made on the process to follow and on the rules and other parameters needed to implement that process, there could not then be a change in that process for the immediately upcoming decennial redistricting.  They would only apply to those following.  While this would not be possible for the very first application of the system, there will likely be a good deal of attention paid by the public to these issues initially so such an attempt to bias the system would be difficult.

As noted, this is not likely to be a major problem, and any such system will not introduce the major biases we have seen in the deliberately gerrymandered maps of numerous states following the 2010 census.  But by locking in any decisions made for a long period, where any random bias in favor of one party in a map might well be reversed following the next census, there will be less of a possibility to game the system by changing the rules, just before a redistricting is due, to favor one party.

b)  Independent Commissions Do Not Suffice  – They Still Need to Decide How to Draw the District Maps:  A reform that has been increasingly advocated by many in recent years is to take the redistricting process out of the hands of the politicians, and instead to appoint independent commissions to draw up the maps.  There are seven states currently with non-partisan or bipartisan, nominally independent, commissions that draw the lines for both congressional and state legislative districts, and a further six who do this for state legislative districts only.  Furthermore, several additional states will use such commissions starting with the redistricting that follows the 2020 census.  Finally, there is Iowa.  While technically not an independent commission, district lines in Iowa are drawn up by non-partisan legislative staff, with the state legislature then approving it or not on a straight up or down vote.  If not approved, the process starts over, and if not approved after three votes it goes to the Iowa Supreme Court.

While certainly a step in the right direction, a problem with such independent commissions is that the process by which members are appointed can be highly politicized.  And even if not overtly politicized, the members appointed will have personal views on who they favor, and it is difficult even with the best of intentions to ensure such views do not enter.

But more fundamentally, even a well-intentioned independent commission will need to make choices on what is, and what is not, a “good” district map.  While most states list certain objectives for the redistricting process in either their state constitutions or in legislation, these are typically vague, such as saying the maps should try to preserve “communities of interest”, but with no clarity on what this in practice means.  Thirty-eight states also call for “compactness”, but few specify what that really means.  Indeed, only two states (Colorado and Iowa) define a specific measure of compactness.  Both states say that compactness should be measured by the sum of the perimeter lines being minimized (the same measure I used in the process discussed above).  However, in the case of Iowa this is taken along with a second measure of compactness (the absolute value of the difference between the length and the width of a district), and it is not clear how these two criteria are to be judged against each other when they differ.  Furthermore, in all states, including Colorado and Iowa, the compactness objective is just one of many objectives, and how to judge tradeoffs between the diverse objectives is not specified.

Even a well-intentioned independent commission will need to have clear criteria to judge what is a good map and what is not.  But once these criteria are fully specified, there is then no need for further opinion to enter, and hence no need for an independent commission.

c)  Appropriate and Inappropriate Principles to Follow: As discussed above, the basic principles that should be followed are:  1) One person – One vote, 2) Contiguity, and 3) Compactness.  Plus, to the extent possible consistent with this, the lines of existing political jurisdictions of a state (such as counties and municipalities) should be respected.

But while most states do call for this (with one person – one vote required by Supreme Court decision, but decided only in 1964), they also call for their district maps to abide by a number of other objectives.  Examples include the preservation of “communities of interest”, as discussed above, where 21 states call for this for their state legislative districts and 16 for their congressional districts (where one should note that congressional districting is not relevant in 7 states as they have only one member of Congress).  Further examples of what are “required” or “allowed” to be considered include preservation of political subdivision lines (45 states); preservation of “district cores” (8 states); and protection of incumbents (8 states).  Interestingly, 10 states explicitly prohibit consideration of the protection of incumbents.  And various states include other factors to consider or not consider as well.

But many, indeed most, of these considerations are left vague.  What does it mean that “communities of interest” are to be preserved where possible?  Who defines what the relevant communities are?  What is the district “core” that is to be preserved?  And as discussed above, there is a similar issue with the stated objective of “compactness”, as while 38 states call for it, only Colorado and Iowa are clear on how it is defined (but then vague on what trade-offs are to be accepted against other objectives).

The result of such multiple objectives, mostly vaguely defined and with no guidance on trade-offs, is that it is easy to come up with the heavily gerrymandered maps we have seen and the resulting strong bias in favor of one political party over the other.  Any district can be rationalized in terms of at least one of the vague objectives (such as preserving a “community of interest”).  These are loopholes which allow the politicians to draw maps favorable to themselves, and should be eliminated.

d)  Racial Preferences: The US has a long history of using gerrymandering (as well as other measures) to effectively disenfranchise minority groups, in particular African-Americans.  This has been especially the case in the American South, under the Jim Crow laws that were in effect through to the 1960s.  The Voting Rights Act of 1965 aimed to change this.  It required states (in particular under amendments to Section 2 passed in 1982 when the Act was reauthorized) to ensure minority groups would be able to have an effective voice in their choice of political representatives, including, under certain circumstances, through the creation of congressional and other legislative districts where the previously disenfranchised minority group would be in the majority (“majority-minority districts”).

However, it has not worked out that way.  Indeed, the creation of majority-minority districts, with African-Americans packed into as small a number of districts as possible and with the rest then scattered across a large number of remaining districts, is precisely what one would do under classic gerrymandering (packing and cracking) designed to limit, not enable, the political influence of such groups.  With the passage of these amendments to the Voting Rights Act in 1982, and then a Supreme Court decision in 1986 which upheld this (Thornburg v. Gingles), Republicans realized in the redistricting following the 1990 census that they could then, in those states where they controlled the process, use this as a means to gerrymander districts to their political advantage.  Newt Gingrich, in particular, encouraged this strategy, and the resulting Republican gains in the South in 1992 and 1994 were an important factor in leading to the Republican take-over of the Congress following the 1994 elections (for the first time in 40 years), with Gingrich then becoming the House Speaker.

Note also that while the Supreme Court, in a 5-4 decision in 2013, essentially gutted a key section of the Voting Rights Act, the section they declared to be unconstitutional was Section 5.  This was the section that required pre-approval by federal authorities of changes in voting statutes in those jurisdictions of the country (mostly the states of the South) with a history of discrimination as defined in the statute.  Left in place was Section 2 of the Voting Rights Act, the section under which the gerrymandering of districts on racial lines has been justified.  It is perhaps not surprising that Republicans have welcomed keeping this Section 2 while protesting Section 5.

One should also recognize that this racial gerrymandering of districts in the South has not led to most African-Americans in the region being represented in Congress by African-Americans.  One can calculate from the raw data (reported here in Ballotpedia, based on US Census data), that as of 2015, 12 of the 71 congressional districts in the core South (Louisiana, Mississippi, Alabama, Georgia, South Carolina, North Carolina, Virginia, and Tennessee) had a majority of African-American residents.  These were all just a single district in each of the states, other than two in North Carolina and four in Georgia.  But the majority of African Americans in those states did not live in those twelve districts.  Of the 13.2 million African-Americans in those eight states, just 5.0 million lived in those twelve districts, while 8.2 million were scattered around the remaining districts.  By packing as many African-Americans as possible in a small number of districts, the Republican legislators were able to create a large number of safe districts for their own party, and the African-Americans in those districts effectively had little say in who was then elected.

The Voting Rights Act was an important measure forward, drafted in reaction to the Jim Crow laws that had effectively undermined the right to vote of African-Americans.  And defined relative to the Jim Crow system, it was progress.  However, relative to a system that draws up district lines in a fair and unbiased manner, it would be a step backwards.  A system where minorities are packed into a small number of districts, with the rest then scattered across most of the districts, is just standard gerrymandering designed to minimize, not to ensure, the political rights of the minority groups.

E.  Conclusion

Politicians drawing district lines to favor one party and to ensure their own re-election fundamentally undermines democracy.  Supreme Court justices have themselves called it “distasteful”.  However, to address gerrymandering the court has sought some measure which could be used to ascertain whether the resulting voting outcomes were biased to a degree that could be considered unconstitutional.

But this is not the right question.  One does not judge other aspects of whether the voting process is fair or not by whether the resulting outcomes were by some measure “excessively” affected or not.  It is not clear why such an approach, focused on vote outcomes, should apply to gerrymandering.  Rather, the focus should be on whether the process followed was fair and unbiased or not.

And one can certainly define a fair and unbiased process to draw district lines.  The key is that the process, once established, should be automatic and follow the agreed set of basic principles that define what the districts should be – that they should be of similar population, compact, contiguous, and where possible and consistent with these principles, follow the lines of existing political jurisdictions.

One such process was outlined above.  But there are other possibilities.  The key is that the courts should require, in the name of ensuring a fair vote, that states must decide on some such process and implement it.  And the citizenry should demand the same.

Impact of the 1994 Assault Weapons Ban on Mass Shootings: An Update, Plus What To Do For a Meaningful Reform

A.  Introduction

An earlier post on this blog (from January 2013, following the horrific shooting at Sandy Hook Elementary School in Connecticut), looked at the impact of the 1994 Federal Assault Weapons Ban on the number of (and number of deaths from) mass shootings during the 10-year period the law was in effect.  The data at that point only went through 2012, and with that limited time period one could not draw strong conclusions as to whether the assault weapons ban (with the law as written and implemented) had a major effect.  There were fewer mass shootings over most of the years in that 1994 to 2004 period, but 1998 and 1999 were notable exceptions.

There has now been another horrific shooting at a school – this time at Marjory Stoneman Douglas High School in Parkland, Florida.  There are once again calls to limit access to the military-style semiautomatic assault weapons that have been used in most of these mass shootings (including the ones at Sandy Hook and Stoneman Douglas).  And essentially nothing positive had been done following the Sandy Hook shootings.  Indeed, a number of states passed laws which made such weapons even more readily available than before.  And rather than limiting access to such weapons, the NRA response following Sandy Hook was that armed guards should be posted at every school.  There are, indeed, now more armed guards at our schools.  Yet an armed guard at Stoneman Douglas did not prevent this tragedy.

With the passage of time, we now have five more years of data than we had at the time of the Sandy Hook shooting.  With this additional data, can we now determine with more confidence whether the Assault Weapons Ban had an impact, with fewer shootings incidents and fewer deaths from such shootings?

This post will look at this.  With the additional five years of data, it now appears clear that the 1994 to 2004 period did represent a change in the sadly rising trend, with a reduction most clearly in the number of fatalities from and total victims of those mass shootings.  This was true even though the 1994 Assault Weapons Ban was a decidedly weak law, with a number of loopholes that allowed continued access to such weapons for those who wished to obtain them.  Any new law should address those loopholes, and I will discuss at the end of this post a few such measures so that such a ban would be more meaningful.

B.  The Number of Mass Shootings by Year

The Federal Assault Weapons Ban (formally the “Public Safety and Recreational Firearms Use Protection Act”, and part of a broader crime control bill) was passed by Congress and signed into law on September 13, 1994.  The Act banned the sale of any newly manufactured or imported “semiautomatic assault weapon” (as defined by the Act), as well as of newly manufactured or imported large capacity magazines (holding more than 10 rounds of ammunition).  The Act had a sunset provision where it would be in effect for ten years, after which it could be modified or extended.

However, it was a weak ban, with many loopholes.  First of all, there was a grandfather clause that allowed manufacturers and others to sell all of their existing inventory.  Not surprisingly, manufacturers scaled up production sharply while the ban was being debated, as those inventories could later then be sold, and were.  Second and related to this, there was no constraint on shops or individuals on the sale of weapons that had been manufactured before the start date, provided just that they were legally owned at the time the law went into effect.  Third, “semiautomatic assault weapons” (which included handguns and certain shotguns, in addition to rifles such as the AR-15) were defined quite precisely in the Act.  But with that precision, gun manufacturers could make what were essentially cosmetic changes, with the new weapons then not subject to the Act.  And fourth, with the sunset provision after 10 years (i.e. to September 12, 2004), the Republican-controlled Congress of 2004 (and President George W. Bush) simply could allow the Act to expire, with nothing done to replace it.  And they did.

The ban was therefore weak.  But it is still of interest to see whether even such a weak law might have had an impact on the number of, and severity of, mass shootings during the period it was in effect.

The data used for this analysis were assembled by Mother Jones, the investigative newsmagazine and website.  The data are available for download in spreadsheet form, and is the most thorough and comprehensive such dataset publicly available.  Sadly, the US government has not assembled and made available anything similar.  A line in the Mother Jones spreadsheet is provided for each mass shooting incident in the US since 1982, with copious information on each incident (as could be gathered from contemporaneous news reports) including the weapons used when reported.  I would encourage readers to browse through the spreadsheet to get a sense of mass shootings in America, the details of which are all too often soon forgotten.  My analysis here is based on various calculations one can then derive from this raw data.

This dataset (through 2012) was used in my earlier blog post on the impact of the Assault Weapons Ban, and has now been updated with shootings through February 2018 (as I write this).  To be included, a mass shooting incident was defined by Mother Jones as a shooting in a public location (and so excluded incidents such as in a private home, which are normally domestic violence incidents), or in the context of a conventional crime (such as an armed robbery, or from gang violence), and where at least four people were killed (other than the killer himself if he also died, and note it is almost always a he).  While other possible definitions of what constitutes a “mass shooting” could be used, Mother Jones argues (and I would agree) that this definition captures well what most people would consider a “mass shooting”.  It only constitutes a small subset of all those killed by guns each year, but it is a particularly horrific set.

There was, however, one modification in the updated file, which I adjusted for.  Up through 2012, the definition was as above and included all incidents where four or more people died (other than the killer).  In 2013, the federal government started to refer to mass shootings as those events where three or more people were killed (other than the killer), and Mother Jones adopted this new criterion for the mass shootings it recorded for 2013 and later.  But this added a number of incidents that would not have been included under the earlier criterion (of four or more killed), and would bias any analysis of the trend.  Hence I excluded those cases in the charts shown here.  Including incidents with exactly three killed would have added no additional cases in 2013, but one additional in 2014, three additional in 2015, two additional in 2016, and six additional in 2017 (and none through end-February in 2018).  There would have been a total of 36 additional fatalities (three for each of the 12 additional cases), and 80 additional victims (killed and wounded).

What, then, was the impact of the assault weapons ban?  We will first look at this graphically, as trends are often best seen by eye, and then take a look at some of the numbers, as they can provide better precision.

The chart at the top of this post shows the number of mass shooting events each year from 1982 through 2017, plus for the events so far in 2018 (through end-February).  The numbers were low through the 1980s (zero, one, or two a year), but then rose.  The number of incidents per year was then generally less during the period the Assault Weapons Ban was in effect, but with the notable exceptions of 1998 (three incidents) and especially 1999 (five).  The Columbine High School shooting was in 1999, when 13 died and 24 were wounded.

The number of mass shootings then rose in the years after the ban was allowed to expire.  This was not yet fully clear when one only had data through 2012, but the more recent data shows that the trend is, sadly, clearly upward.  The data suggest that the number of mass shooting incidents were low in the 1980s but then began to rise in the early 1990s; that there was then some fallback during the decade the Assault Weapons Ban was in effect (with 1998 and 1999 as exceptions); but with the lifting of the ban the number of mass shooting incidents began to grow again.  (For those statistically minded, a simple linear regression for the full 1982 to 2017 period indicates an upward trend with a t-statistic of a highly significant 4.6 – any t-statistic of greater than 2.0 is generally taken to be statistically significant.)

C.  The Number of Fatalities and Number of Victims in Mass Shooting Incidents 

These trends are even more clear when one examines what happened to the total number of those killed each year, and the total number of victims (killed and wounded).

First, a chart of fatalities from mass shootings over time shows:

 

Fatalities fluctuated within a relatively narrow band prior to 1994, but then, with the notable exception of 1999, fell while the Assault Weapons Ban was in effect.  And they rose sharply after the ban was allowed to expire.  There is still a great deal of year to year variation, but the increase over the last decade is clear.

And for the total number of victims:

 

One again sees a significant reduction during the period the Assault Weapons Ban was in effect (with again the notable exception of 1999, and now 1998 as well).  The number of victims then rose in most years following the end of the ban, and went off the charts in 2017.  This was due largely to the Las Vegas shooting in October, 2017, where there were 604 victims of the shooter.  But even excluding the Las Vegas case, there were still 77 victims in mass shooting events in 2017, more than in any year prior to 2007 (other than 1999).

D.  The Results in Tables

One can also calculate the averages per year for the pre-ban period (13 years, from 1982 to 1994), the period of the ban (September 1994 to September 2004), and then for the post-ban period (again 13 years, from 2005 to 2017):

Number of Mass Shootings and Their Victims – Averages per Year

Avg per Year

Shootings

Fatalities

Injured

Total Victims

1982-1994

1.5

12.4

14.2

26.6

1995-2004

1.5

9.6

10.1

19.7

2005-2017

3.8

38.6

71.5

110.2

Note:  One shooting in December 2004 (following the lifting of the Assault Weapons Ban in September 2004) is combined here with the 2005 numbers.  And the single shooting in 1994 was in June, before the ban went into effect in September.

The average number of fatalities per year, as well as the number injured and hence the total number of victims, all fell during the period of the ban.  They all then jumped sharply once the ban was lifted.  While one should acknowledge that these are all correlations in time, where much else was also going on, these results are consistent with the ban having a positive effect on reducing the number killed or wounded in such mass shootings.

The number of mass shootings events per year also stabilized during the period the ban was in effect (at an average of 1.5 per year).  That is, while the number of mass shooting events was the same (per year) as before, their lethality was less.  Plus the number of mass shooting events did level off, and fell back if one compares it to the previous half-decade rather than the previous 13 year period.  They had been following a rising trend before.  And the number of mass shootings then jumped sharply after the ban was lifted.

The data also allow us to calculate the average number of victims per mass shooting event, broken down by the type of weapon used:

Average Number of Victims per Mass Shooting, by Weapon Used

Number of Shootings

Fatalities

Injured

Total Victims

Semiauto Rifle Used

26

13.0

34.6

47.6

Semiauto Rifle Not Used

59

7.5

5.6

13.1

Semiauto Handgun Used

63

10.0

17.5

27.5

Semiauto Handgun (but Not Semiautomatic Rifle) Used

48

7.7

6.0

13.7

No Semiauto Weapon Used

11

6.6

4.0

10.6

There were 26 cases where the dataset Mother Jones assembled allowed one to identify specifically that a semiautomatic rifle was used.  (Some news reports were not clear, saying only that a rifle was used.  Such cases were not counted here.)  This was out of a total of 85 mass shooting events where four or more were killed.  But the use of semiautomatic rifles proved to be especially deadly.  On average, there were 13 fatalities per mass shooting when one could positively identify that a semiautomatic rifle was used, versus 7.5 per shooting when it was not.  And there were close to 48 total victims per mass shooting on average when a semiautomatic rifle was used, versus 13 per shooting when it was not.

The figures when a semiautomatic handgun was used (from what could be identified in the news reports) are very roughly about half-way between these two.  But note that there is a great deal of overlap between mass shootings where a semiautomatic handgun was used and where a semiautomatic rifle was also used.  Mass shooters typically take multiple weapons with them as they plan out their attacks, including semiautomatic handguns along with their semiautomatic rifles.  The fourth line in the table shows the figures when a semiautomatic handgun was used but not also a semiautomatic rifle.  These figures are similar to the averages in all of the cases where a semiautomatic rifle was not used (the second line in the table).

The fewest number of fatalities and injured are, however, when no semiautomatic weapons are used at all.  Unfortunately, in only 11 of the 85 mass shootings (13%) were neither a semiautomatic rifle nor a semiautomatic handgun used.  And these 11 might include a few cases where the news reports did not permit a positive identification that a semiautomatic weapon had been used.

E.  What Would Be Needed for a Meaningful Ban

It thus appears that the 1994 Assault Weapons Ban, as weak as it was, had a positive effect on saving lives.  But as noted before, it was flawed, with a number of loopholes which meant that the “ban” was far from a true ban.  Some of these might have been oversights, or issues only learned with experience, but I suspect most reflected compromises that were necessary to get anything approved by Congress.  That will certainly remain an issue.

But if one were to draft a law addressing these issues, what are some of the measures one would include?  I will make a few suggestions here, but this list should not be viewed as anything close to comprehensive:

a)  First, there should not be a 10-year (or any period) sunset provision.  A future Congress could amend the law, or even revoke it, as with any legislation, but this would then require specific action by that future Congress.  But with a sunset provision, it is easy simply to do nothing, as the Republican-controlled Congress did in 2004.

b)  Second, with hindsight one can see that the 1994 law made a mistake by defining precisely what was considered a “semiautomatic” weapon.  This made it possible for manufacturers later to make what were essentially cosmetic changes to the weapons, and then make and sell them.  Rather, a semiautomatic weapon should be defined in any such law by its essential feature, which is that one can fire such a weapon repeatedly simply by pulling the trigger once for each shot, with the weapon loading itself.

c)  Third, fully automatic weapons (those which fire continuously as long as the trigger is pulled) have been banned since 1986 (if manufactured after May 19, 1986, the day President Reagan signed this into law).  But “bump stocks” have not been banned.  Bump stocks are devices that effectively convert a semiautomatic weapon into a fully automatic one.  Following the horrific shooting in Las Vegas on October 1, 2017, in which 58 were killed and 546 injured, and where the shooter used a bump stock to convert his semiautomatic rifles (he had many) into what were effectively fully automatic weapons, there have been calls for bump stocks to be banned.  This should be done, and indeed it is now being recognized that a change in existing law is not even necessary.  Attorney General Jeff Sessions said on February 27 that the Department of Justice is re-examining the issue, and implied that there would “soon” be an announcement by the department of regulations that recognize that a semiautomatic weapon equipped with a bump stock meets the definition of a fully automatic weapon.

d)  Fourth, a major problem with the 1994 Assault Weapons Ban, as drafted, was it only banned the sale of newly manufactured (or imported) semiautomatic weapons from the date the act was signed into law – September 13, 1994.  Manufacturers and shops could sell legally any such weapons produced before then.  Not surprisingly, manufacturers ramped up production (and imports) sharply in the months the Act was being debated in Congress, which provided then an ample supply for a substantial period after the law technically went into effect.

But one could set an earlier date of effectiveness, with the ban covering weapons manufactured or imported from that earlier date.  This is commonly done in tax law.  That is, tax laws being debated during some year will often be made effective for transactions starting from the beginning of the year, or from when the new laws were first proposed, so as not to induce negative actions designed to circumvent the purpose of the new law.

e)  Fifth, the 1994 Assault Weapons Ban allowed the sale to the public of any weapons legally owned before the law went into effect on September 13, 1994 (including all those in inventory).  This is related to, but different from, the issue discussed immediately above.  The issue here is that all such weapons, including those manufactured many years before, could then be sold and resold for as long as those weapons existed.  This could continue for decades.  And with millions of such weapons now in the US, it would be many decades before the supply of such weapons would be effectively reduced.

To accelerate this, one could instead create a government-funded program to purchase (and then destroy) any such weapons that the seller wished to dispose of.  And one would couple this with a ban on the sale of any such weapons to anyone other than the government.  There could be no valid legal objection to this as any sales would be voluntary (although I have no doubt the NRA would object), and would be consistent with the ban on the sale of any newly manufactured semiautomatic weapon.  One would also couple this with the government buying the weapons at a generous price – say the original price paid for the weapon (or the list price it then had), without any reduction for depreciation.

Semiautomatic weapons are expensive.  An assault rifle such as the AR-15 can easily cost $1,000.  And one would expect that as those with such weapons in their households grow older and more mature over time, many will recognize that such a weapon does not provide security.  Rather, numerous studies have shown (see, for example, here, here, here, and here) that those most likely to be harmed by weapons in a household are either the owners themselves or their loved ones.  As the gun owners mature, many are likely to see the danger in keeping such weapons at home, and the attractiveness of disposing of them legally at a good price.  Over time, this could lead to a substantial reduction in the type of weapons which have been used in so many of the mass shootings.

F.  Conclusion

Semiautomatic weapons are of no use in a civilian setting other than to massacre innocent people.  They are of no use in self-defense:  One does not walk down the street, or while shopping in the aisles of a Walmart or a Safeway, with an AR-15 strapped to your back.  One does not open the front door to your house each time the doorbell rings aiming an AR-15 at whoever is there.  Nor are such weapons of any use in hunting.  First, they are not terribly accurate.  And second, if one succeeded in hitting the animal with multiple shots, all one would have is a bloody mess.

Such weapons are used in the military precisely because they are good at killing people.  But for precisely the same reason as fully automatic weapons have been banned since 1986 (and tightly regulated since 1934), semiautomatic weapons should be similarly banned.

The 1994 Assault Weapons Ban sought to do this.  However, it was allowed to expire in 2004.  It also had numerous loopholes which lessened the effectiveness it could have had.  Despite this, the number of those killed and injured in mass shootings fell back substantially while that law was in effect, and then jumped after it expired.  And the number of mass shooting events per year leveled off or fell while it was in effect (depending on the period it is being compared to), and then also jumped once it expired.

There are, however, a number of ways a new law banning such weapons could be written to close off those loopholes.  A partial list is discussed above.  I fully recognize, however, that the likelihood of such a law passing in the current political environment, where Republicans control both the Senate and the House as well as the presidency, are close to nil.  One can hope that at some point in the future the political environment will change to the point where an effective ban on semiautomatic weapons can be passed.  After all, President Reagan, the hero of Republican conservatives, did sign into law the 1986 act that banned fully automatic weapons.  Sadly, I expect many more school children will die from such shootings before this will happen.

Social Security Could be Saved With the Revenues Lost Under the Trump Tax Plan

As is well known, the Social Security Trust Fund will run out in about 2034 (plus or minus a year) if nothing is done.  “Running out” means that the past accumulated stock of funds paid in through Social Security taxes on wages, plus what is paid in each year, will not suffice to cover what is due to be paid out that year to beneficiaries.  If nothing is done, Social Security payments would then be scaled back by 23% (in 2034, rising to 27% by 2091), to match the amount then being paid in each year.

This would be a disaster.  Social Security does not pay out all that much:  An average of just $15,637 annually per beneficiary for those in retirement and their survivors, and an average of just $12,452 per beneficiary for those on disability (all as of August 2017).  But despite such limited amounts, Social Security accounts for almost two-thirds (63%) of the incomes of beneficiaries age 65 or older, and 90% or more of the incomes of fully one-third of them.  Scaling back such already low payments, when so many Americans depend so much on the program, should be unthinkable.

Yet Congress has been unwilling to act, even though the upcoming crisis (if nothing is done) has been forecast for some time.  Furthermore, the longer we wait, the more severe the measures that will then be necessary to fix the problem.  It should be noted that the crisis is not on account of an aging population (one has pretty much known for 64 years how many Americans would be reaching age 65 now), nor because of a surprising jump in life expectancies (indeed, life expectancies have turned out to be lower than what had been forecast).  Rather, as discussed in an earlier post on this blog, the crisis has arisen primarily because wage income inequality has grown sharply (and unexpectedly) since around 1980, and this has pulled an increasing share of wages into the untaxed range above the ceiling for annual earnings subject to Social Security tax ($127,200 currently).

But Congress could act, and there are many different approaches that could be taken to ensure the Social Security Trust Fund remains adequately funded.  This post will discuss just one.  And that would be not to approve the Trump proposal for what he accurately calls would be a huge cut in taxes, and use the revenues that would be lost under his tax plan instead to shore up the Social Security Trust Fund.  As the chart at the top of this post shows (and as will be discussed below), this would more than suffice to ensure the Trust Fund would remain in surplus for the foreseeable future.  There would then be no need to consider slashing Social Security benefits in 2034.

The Trump tax plan was submitted to Congress on September 27.  It is actually inaccurate to call it simply the Trump tax plan as it was worked out over many months of discussions between Trump and his chief economic aides on one side, and the senior Republican leadership in both the Senate and the Congress on the other side, including the chairs of the tax-writing committees.  This was the so-called “Gang of Six”, who jointly released the plan on September 27, with the full endorsement of all.  But for simplicity, I will continue to call it the Trump tax plan.

The tax plan would sharply reduce government revenues.  The Tax Policy Center (TPC), a respected bipartisan nonprofit, has provided the most careful forecast of the revenue losses yet released.  They estimated that the plan would reduce government revenues by $2.4 trillion between 2018 and 2027, with this rising to a $3.2 trillion loss between 2028 and 2037.  The lost revenue would come to 0.9% of GDP for the 2018 to 2027 period, and 0.8% of GDP for the 2028 to 2037 period (some of the tax losses under the Trump plan are front-loaded), based on the GDP forecasts of the Social Security Trustees 2017 Annual Report (discussed below).  While less than 1% of GDP might not sound like much, such a revenue loss would be significant.  As we will see, it would suffice to ensure the Social Security Trust Fund would remain fully funded.

The chart at the top of this post shows what could be done.  The curve in green is the base case where nothing is done to shore up the Trust Fund.  It shows what the total stock of funds in the Social Security Trust Fund have been (since 1980) and would amount to, as a share of GDP, if full beneficiary payments would continue as per current law.  Note that I have included here the trust funds for both Old-Age and Survivors Insurance (OASI) and for Disability Insurance (DI).  While technically separate, they are often combined (and then referred to as OASDI).

The figures are calculated from the forecasts released in the most recent (July 2017) mandated regular annual report of the Board of Trustees of the Social Security system.  Their current forecast is that the Trust Fund would run out by around 2034, as seen in the chart.

But suppose that instead of enacting the Trump tax plan proposals, Congress decided to dedicate to the Social Security Trust Funds (OASDI) the revenues that would be lost as a consequence of those tax cuts?  The curve in the chart shown in red is a forecast of what those tax revenue losses would be each year, as a share of GDP.  These are the Tax Policy Center estimates, although extrapolated.  The TPC forecasts as published showed the estimated year-by-year losses over the first ten years (2018 to 2027), but then only for the sum of the losses over the next ten years (2028 to 2037).  I assumed a constant rate of growth from the estimate for 2027 sufficient to generate the TPC sum for 2028 to 2037, which worked out to a bit over 6.1%.  I then assumed the revenue losses would continue to grow at this rate for the remainder of the forecast period.

Note this 6.1% growth is a nominal rate of growth, reflecting both inflation and real growth.  The long-run forecasts in the Social Security Trustees report were for real GDP to grow at a rate of 2.1 or 2.2%, and inflation (in terms of the GDP price index) to grow at also 2.2%, leading to growth in nominal GDP of 4.3 or 4.4%.  Thus the forecast tax revenue losses under the Trump plan would slowly climb over time as a share of GDP, reaching 2% of GDP by about 2090.  This is as one would expect for this tax plan, as the proposals would reduce progressivity in the tax system.  As I noted before on this blog and will discuss further below, most of the benefits under the Trump tax plan would accrue to those with higher incomes.  However, one should also note that the very long-term forecasts for the outer years should not be taken too seriously.  While the trends are of interest, the specifics will almost certainly be different.

If the tax revenues that would be lost under the Trump tax plan were instead used to shore up the Social Security Trust Fund, one would get the curve shown in blue (which includes the interest earned on the balance in the Fund, at the interest rates forecast in the Trustees report).  The balance in the fund would remain positive, never dipping below 12% of GDP, and then start to rise as a share of GDP.  Even if the TPC forecasts of the revenues that would be lost under the Trump plan are somewhat off (or if Congress makes changes which will reduce somewhat the tax losses), there is some margin here.  The forecast is robust.

The alternative is to follow the Trump tax plan, and cut taxes sharply.  As I noted in my earlier post on this blog on the Trump tax plan, the proposals are heavily weighted to provisions which would especially benefit the rich.  The TPC analysis (which I did not yet have when preparing my earlier blog post) has specific estimates of this.  The chart below shows who would get the tax cuts for the forecast year of 2027:

The estimate is that 87% of the tax revenues lost under the Trump plan would go to the richest 20% of the population (those households with an income of $154,900 or more in 2027, in prices of 2017).  And indeed, almost all of this (80% of the overall total) would accrue just to the top 1%.  The top 1% are already pretty well off, and it is not clear why tax cuts focused on them would spur greater effort on their part or greater growth.  The top 1% are those households who would have an annual income of at least $912,100 in 2027, in prices of 2017.  Most of them would be making more than a million annually.

The Trump people, not surprisingly, do not accept this.  They assert that the tax cuts will spur such a rapid acceleration in growth that tax revenues will not in fact be lost.  Most economists do not agree.  As discussed in earlier posts on this blog, the historical evidence does not support the Trumpian view (the tax cuts under Reagan and Bush II did not lead to any such acceleration in growth; what they did do is reduce tax revenues); the argument that tax cuts will lead to more rapid growth is also conceptually confused and reveals a misunderstanding of basic economics; and with the economy having already reached full employment during the Obama years, there is little basis for the assertion that the economy will now be able to grow at even 3% a year on average (over a mulit-year period) much less something significantly faster.  Tax cuts have in the past led to cuts in tax revenues collected, not to increases, and there is no reason to believe this time will be different.

Thus Congress faces a choice.  It can approve the Trump tax plan (already endorsed by the Republican leadership in both chambers), with 80% of the cuts going to the richest 1%.  Or it could use those revenues to shore up the Social Security Trust Fund.  If the latter is done, the Trust Fund would not run out in 2034, and Social Security would be able to continue to pay amounts owed to retired senior citizens and their survivors, as well as to the disabled, in accordance with the commitments it has made.

I would favor the latter.  If you agree, please call or write your Senator and Member of Congress, and encourage others to do so as well.

————————————————————————

Update, October 22, 2017

The US Senate passed on October 19 a budget framework for the FY2018-27 period which would allow for $1.5 trillion in lost tax revenues over this period, and a corresponding increase in the deficit, as a consequence of new tax legislation.  It was almost fully a party line vote (all Democrats voted against it, while all Republicans other than Senator Rand Paul voted in favor).  Importantly, this vote cleared the way (under Senate rules) for it to pass a new tax law with losses of up to $1.5 trillion over the decade, and pass this with only Republican votes.  Only 50 votes in favor will be required (with Vice President Pence providing a tie-breaking vote if needed).  Democrats can be ignored.

The loss in tax revenues in this budget framework is somewhat less than the $2.4 trillion that the Tax Policy Center estimates would follow in the first decade under the Trump tax plan.  But it is still sizeable, and it is of interest to see what this lesser amount would achieve if redirected to the Social Security Trust Fund instead of being used for tax cuts.

The chart above shows what would follow.  It still turns out that the Social Security Trust Fund would be saved from insolvency, although just barely this time.

One has to make an assumption as to what would happen to tax revenues after 2027, as well as for what the time pattern would be for the $1.5 trillion in losses over the ten years from FY2018 to 27.  With nothing else available, I assumed that the losses would grow over time at the same rate as what is implied in the Tax Policy Center estimates for the losses in the second decade of the Trump tax plan as compared to the losses in the final year of the first decade.  As discussed above, these estimates implied a nominal rate of growth of 6.1% a year.  I assumed the same rate of growth here, including for the year to year growth in the first decade (summing over that decade to $1.5 trillion).

The result again is that the Social Security Trust Fund would remain solvent for the foreseeable future, although now just marginally.  The Trust Fund (as a share of GDP) would just touch zero in the years around 2080, but would then start to rise.

We therefore have a choice.  The Republican-passed budget framework has that an increase in the fiscal deficit of $1.5 trillion over the next decade is acceptable.  It could be used for tax cuts that would accrue primarily to the rich.  Or it could be used to ensure the Social Security system will be able, for the foreseeable future, to keep to its commitments to senior citizens, to their survivors, and to the disabled.

 

An Analysis of the Trump Tax Plan: Not a Tax Reform, But Rather a Massive Tax Cut for the Rich

A.  Introduction

The Trump administration released on September 27 its proposed tax plan.  It was exceedingly skimpy (only nine pages long, including the title page, and with all the white space could have been presented on half that number of pages).  Importantly, it was explicitly vague on many of the measures, such as what tax loopholes would be closed to partially pay for the tax cuts (simply saying they would do this somehow).  One can, however, examine measures that were explicitly presented, and from these it is clear that this is primarily a plan for massive tax cuts for the rich.

It is also clear that this is not a tax reform.  A tax reform would be revenue neutral.  The measures proposed would not be.  And a reform would focus on changes in the structure of the tax system.  There is little of that here, but rather proposals to cut various tax rates (including in several cases to zero), primarily for the benefit of those who are well off.

One can see this in the way the tax plan was approached.  In a true tax reform, one would start by examining the system, and whether certain deductions and tax exemptions are not warranted by good policy (but rather serve only certain vested interests).  Closing such loopholes would lead to higher revenues being collected.  One would then determine what the new tax rates could be (i.e. by how much they could be cut) to leave the overall level of tax collection the same.

But that was not done here.  Rather, they start with specific proposals on what the new tax rates “should” be (12%, 25%, and 35% for individuals, and 20% for corporations), and then make only vague references to certain, unspecified, deductions and tax exemptions being eliminated or reduced, in order not to lose too much in revenues (they assert).  They have the process backward.

And it is clear that these tax cuts, should they be enacted by Congress, would massively increase the fiscal deficit.  While it is impossible to come up with a precise estimate of how much the tax plan would cost in lost revenues, due to the vagueness on the parameters and on a number of the proposals, Republicans have already factored into the long-term budget a reduction in tax revenues of $1.5 trillion over ten years.  And estimates of the net cost of the Trump plan range from a low of $2.2 trillion over ten years ($2.7 trillion when additional interest is counted, as it should be), to as high as $5 trillion over ten years.  No one can really say as yet, given the deliberate lack of detail.

But any of these figures on the cost are not small.  The total federal debt held by the public as of the end of September, 2017, was $14.7 trillion.  The cost in lost revenue could equal more than a third of this.  Yet Republicans in Congress blocked the fiscal expenditures we desperately needed in the years from 2010 onwards during the Obama years, when unemployment was still high, there was excess capacity in our underutilized factories, and the country needed to rebuild its infrastructure (as we still do).  The argument then was that we could not add to our national debt.  But now the same politicians see no problem with adding massively to that debt to cover tax cuts that will primarily benefit the rich.  The sheer hypocrisy is breath-taking.

Not surprisingly, Trump officials are saying that there will be no such cost due to a resulting spur to our economic growth.  Trump himself asserted that his tax plan would lead the economy to grow at a 6% pace.  No economist sees this as remotely plausible.  Even Trump’s economic aides, such as Gary Cohn who was principally responsible for the plan, are far more cautious and say only that the plan will lead to growth of “substantially over 3 percent”.  But even this has no basis in what has been observed historically after the Reagan and Bush tax cuts, nor what one would expect from elementary economic analysis.

The lack of specificity in many of the proposals in the tax plan issued on September 27 makes it impossible to assess it in full, as major elements are simply only alluded to.  For example, it says that a number of tax deductions (both personal and corporate) will be eliminated or reduced, but does not say which (other than that they propose to keep the deductions for home mortgage interest and for charity).  As another example, the plan says the number of personal income tax brackets would be reduced from seven currently to just three broad ones (at 12%, 25%, and 35%), but does not say at what income levels each would apply.  Specifics were simply left out.

For a tax plan where work has been intensively underway for already the eight months of this administration (and indeed from before, as campaign proposals were developed), such vagueness must be deliberate.  The possible reasons include:  1) That the specifics would be embarrassing, as they would make clear the political interests that would gain or lose under the plan; 2) That revealing the specifics would spark immediate opposition from those who would lose (or not gain as others would); 3) That revealing the specifics would make clear that they would not in fact suffice to achieve what the Trump administration is asserting (e.g. that ending certain tax deductions will make the plan progressive, or generate revenues sufficient to offset the tax rate cuts); and/or 4) That they really do not know what to do or what could be done to fix the issue.

One can, however, look at what is there, even if the overall plan is incomplete.  This blog post will do that.

B.  Personal Income Taxes

The proposals are (starting with those which are most clear):

a)  Elimination of the Estate Tax:  Only the rich pay this.  It only applies to estates given to heirs of $10.98 million or more (for a married couple).  This only affects the top 0.2%, most wealthy, households in the US.

b)  Elimination of the Alternative Minimum Tax:  This also only applies to those who are rich enough for it to apply and who benefit from a range of tax deductions and other benefits, who would otherwise pay little in tax.  It would be better to end such tax deductions and other special tax benefits that primarily help this group, thus making the Alternative Minimum Tax irrelevant, than to end it even though it had remained relevant.

c)  A reduction in the top income tax rate from 39.6% to 35%:  This is a clear gain to those whose income is so high that they would, under the current tax brackets, owe tax at a marginal rate of 39.6%.  But this bracket only kicks in for households with an adjusted gross income of $470,700 or more (in 2017).  This is very close to the minimum income of those in the top 1% of the income distribution ($465,626 in 2014), and the average household income of those in that very well-off group was $1,260,508 in 2014.  Thus this would be a benefit only to the top 1%, who on average earn over $1 million a year.

The Trump plan document does include a rather odd statement that the congressional tax-writing committees could consider adding an additional, higher, tax bracket, for the very rich, but it is not at all clear what this might be.  They do not say.  And since the tax legislation will be written by the congressional committees, who are free to include whatever they choose, this gratuitous comment is meaningless, and was presumably added purely for political reasons.

d)  A consolidation in the number of tax brackets from seven currently to just three, of 12%, 25%, and 35%:  Aside from the clear benefit to those now in the 39.6% bracket, noted above, one cannot say precisely what the impact the new tax brackets would have for the other groups since the income levels at which each would kick in was left unspecified.  It might have been embarrassing, or contentious, to do so.  But one can say that any such consolidation would lead to less progressivity in the tax system, as each of the new brackets would apply to a broader range of incomes.  Instead of the rates rising as incomes move up from one bracket to the next, there would now be a broader range at which they would be kept flat.  For example, suppose the Trump plan would be for the new 25% rate to span what is now taxed at 25% or 28%.  That range would then apply to household incomes (for married couples filing jointly, and in 2017) from $75,900 on the low end to $233,350 at the high end.  The low-end figure is just above the household income figure of $74,869 (in 2016) for those reaching the 60th percentile of the income distribution (see Table A-2 of this Census Bureau report), while the top-end is just above the $225,251 income figure for those reaching the 95th percentile.  A system is not terribly progressive when those in the middle class (at the 60th percentile) pay at the same rate as those who are quite well off (in the 95th percentile).

e)  A ceiling on the tax rate paid on personal income received through “pass-through” business entities of just 25%:  This would be one of the more regressive of the measures proposed in the Trump tax plan (as well as one especially beneficial to Trump himself).  Under current tax law, most US businesses (95% of them) are incorporated as business entities that do not pay taxes at the corporate level, but rather pass through their incomes to their owners or partners, who then pay tax on that income at their normal, personal, rates.  These so-called “pass-through” business entities include sole proprietorships, partnerships, Limited Liability Companies (LLCs), and sub-chapter S corporations (from the section in the tax code).  And they are important, not only in number but also in incomes generated:  In the aggregate, such pass-through business entities generate more in income than the traditional large corporations (formally C corporations) that most people refer to when saying corporation.  C corporations must pay a corporate income tax (to be discussed below), while pass-through entities avoid such taxes at the company level.

The Trump tax plan would cap the tax rate on such pass-through income at 25%.  This would not only create a new level of complexity (a new category of income on which a different tax is due), but would also only be of benefit to those who would otherwise owe taxes at a higher rate (the 35% bracket in the Trump plan).  If one were already in the 25% bracket, or a lower one, that ceiling would make no difference at all and would be of no benefit.  But for those rich enough to be in the higher bracket, the benefit would be huge.

Who would gain from this?  Anyone who could organize themselves as a pass-through entity (or could do so in agreement with their employer).  This would include independent consultants; other professionals such as lawyers, lobbyists, accountants, and financial advisors; financial entities and the partners investing in private-equity, venture-capital, and hedge funds; and real estate developers.  Trump would personally benefit as he owns or controls over 500 LLCs, according to Federal Election Commission filings.  And others could reorganize into such an entity when they have a tax incentive to do so.  For example, the basketball coach at the University of Kansas did this when Kansas created such a loophole for what would otherwise be due under its state income taxes.

f)  The tax cuts for middle-income groups would be small or non-existent:  While the Trump tax proposal, as published, repeatedly asserts that they would reduce taxes due by the middle class, there is little to suggest in the plan that that would be the case.  The primary benefit, they tout (and lead off with) is a proposal to almost double the standard deduction to $24,000 (for a married couple filing jointly).  That standard deduction is currently $12,700.  But the Trump plan would also eliminate the personal exemption, which is $4,050 per person in 2017.  Combining the standard deduction and personal exemptions, a family of four would have $28,900 of exempt income in 2017 under current law ($12,700 for the standard deduction, and personal exemptions of four times $4,050), but only $24,000 under the Trump plan.  They would not be better off, and indeed could be worse off.  The Trump plan is also proposing that the child tax credit (currently a maximum of $1,000 per child, and phased out at higher incomes) should be raised (both in amount, and at the incomes at which it is phased out), but no specifics are given so one cannot say whether this would be significant.

g)  Deduction for state and local taxes paid:  While not stated explicitly, the plan does imply that the deduction for state and local taxes paid would be eliminated.  It also has been much discussed publicly, so leaving out explicit mention was not an oversight.  What the Trump plan does say is the “most itemized deductions” would be eliminated, other than the deductions for home mortgage interest and for charity.

Eliminating the deduction for state and local taxes appears to be purely political.  It would adversely affect mostly those who live in states that vote for Democrats.  And it is odd to consider this tax deduction as a loophole.  One has to pay your taxes (including state and local taxes), or you go to jail.  It is not something you do voluntarily, in part to benefit from a tax deduction.  In contrast, a deduction such as for home mortgage interest is voluntary, one benefits directly from buying and owning a nice house, and such a deduction benefits more those who are able to buy a big and expensive home and who qualify for taking out a large mortgage.

h)  Importantly, there was much that was not mentioned:  One must also keep in mind what was not mentioned and hence would not be changed under the Trump proposals.  For example, no mention was made of the highly favorable tax rates on long-term capital gains (for assets held one year or more) of just 20%.  Those with a high level of wealth, i.e. the wealthy, gain greatly from this.  Nor was there any mention of such widely discussed loopholes as the “carried interest” exception (where certain investment fund managers are able to count their gains from the investment deals they work on as if it were capital gains, rather than a return on their work, as it would be for the lawyers and accountants on such deals), or the ability to be paid in stock options at the favorable capital gains rates.

C.  Corporate Income Taxes

More than the tax cuts enacted under Presidents Reagan and Bush, the Trump tax plan focuses on cuts to corporate income (profit) taxes.  Proposals include:

a)  A cut in the corporate income tax rate from the current 35% to just 20%:  This is a massive cut.  But it should also be recognized that the actual corporate income tax paid is far lower than the headline rate.  As noted in an earlier post on this blog, the actual average rate paid has been coming down for decades, and is now around 20%.  There are many, perfectly legal, ways to circumvent this tax.  But setting the rate now at 20% will not mean that taxes equal to 20% of corporate profits will be collected.  Rather, unless the mechanisms used to reduce corporate tax liability from the headline rate of 35% are addressed, those mechanisms will be used to reduce the new collections from the new 20% headline rate to something far less again.

b)  Allow 100% of investment expenses to be deducted from profits in the first year, while limiting “partially” interest expense on borrowing:  This provision, commonly referred to as full “expensing” of investment expenditures, would reduce taxable profits by whatever is spent on investment.  Investments are expected to last for a number of years, and under normal accounting the expense counted is not the full investment expenditure but rather only the estimated depreciation of that investment in the current year.  However, in recent decades an acceleration in what is allowed for depreciation has been allowed in the tax code in order to provide an additional incentive to invest.  The new proposal would bring that acceleration all the way to 100%, which as far as it can go.

This would provide an incentive to invest more, which is not a bad thing, although it still would also have the effect of reducing what would be collected in corporate income taxes.  It would have to be paid for somehow.  The Trump proposal would partially offset the cost of full expensing of investments by limiting “partially” the interest costs on borrowing that can be deducted as a cost when calculating taxable profits.  The interest cost of borrowing (on loans, or bonds, or whatever) is currently counted in full as an expense, just like any other expense of running the business.  How partial that limitation on interest expenses would be is not said.

But even if interest expenses were excluded in full from allowable business expenses, it is unlikely that this would come close to offsetting the reduction in tax revenues from allowing investment expenditures to be fully expensed.  As a simple example, suppose a firm would make an investment of $100, in an asset that would last 10 years (and with depreciation of 10% of the original cost each year).  For this investment, the firm would borrow $100, on which it pays interest at 5%.  Under the current tax system, the firm in the first year would deduct from its profits the depreciation expense of $10 (10% of $100) plus the interest cost of $5, for a total of $15.  Under the Trump plan, the firm would be able to count as an expense in the first year the full $100, but not the $5 of interest.  That is far better for the firm.  Of course, the situation would then be different in the second and subsequent years, as depreciation would no longer be counted (the investment was fully expensed in the first year), but it is always better to bring expenses forward.  And there likely will be further investments in subsequent years as well, keeping what counts as taxable profits low.

c)  Tax amnesty for profits held abroad:  US corporations hold an estimated $2.6 trillion in assets overseas, in part because overseas earnings are not subject to the corporate income tax until they are repatriated to the US.  Such a provision might have made sense decades ago, when information systems were more primitive, but does not anymore.  This provision in the US tax code creates the incentive to avoid current taxes by keeping such earnings overseas.  These earnings could come from regular operations such as to sell and service equipment for foreign customers, or from overseas production operations.  Or such earnings could be generated through aggressive tax schemes, such as from transferring patent and trademark rights to overseas jurisdictions in low-tax or no-tax jurisdictions such as the Cayman Islands.  But whichever way such profits are generated, the US tax system creates the incentive to hold them abroad by not taxing them until they are repatriated to the US.

This is an issue, and could be addressed directly by changing the law to make overseas earnings subject to tax in the year the earnings are generated.  The tax on what has been accumulated in the past could perhaps be spread out equally over some time period, to reduce the shock, such as say over five years.  The Trump plan would in fact start to do this, but only partially as the tax on such accumulated earnings would be set at some special (and unannounced) low rates.  All it says is that while both rates would be low, there would be a lower rate applied if the foreign earnings are held in “illiquid” assets than in liquid ones.  Precisely how this distinction would be defined and enforced is not stated.

This would in essence be a partial amnesty for capital earnings held abroad.  Companies that have held their profits abroad (to avoid US taxes) would be rewarded with a huge windfall from that special low tax rate (or rates), totalling in the hundreds of billions of dollars, with the precise gain on that $2.6 trillion held overseas dependant on how low the Trump plan would set the tax rates on those earnings.

It is not surprising that US corporations have acted this way.  There was an earlier partial amnesty, and it was reasonable for them to assume there would be future ones (as the Trump tax plan is indeed now proposing).  In one of the worst pieces of tax policy implemented in the George W. Bush administration, an amnesty approved in 2004 allowed US corporations with accumulated earnings abroad to repatriate that capital at a special, low, tax rate of just 5.25%.  It was not surprising that the corporations would assume this would happen again, and hence they had every incentive to keep earnings abroad whenever possible, leading directly to the $2.6 trillion now held abroad.

Furthermore, the argument was made that the 2004 amnesty would lead the firms to undertake additional investment in the US, with additional employment, using the repatriated funds.  But analyses undertaken later found no evidence that that happened.  Indeed, subsequent employment fell at the firms that repatriated accumulated overseas earnings.  Rather, the funds repatriated largely went to share repurchases and increased dividends.  This should not, however, have been surprising.  Firms will invest if they have what they see to be a profitable opportunity.  If they need funds, they can borrow, and such multinational corporations generally have no problem in doing so.  Indeed, they can use their accumulated overseas earnings as collateral on such loans (as Apple has done) to get especially low rates on such loans.  Yet the Trump administration asserts, with no evidence and indeed in contradiction to the earlier experience, that their proposed amnesty on earnings held abroad will this time lead to more investment and jobs by these firms in the US.

d)  Cut to zero corporate taxes on future overseas earnings:  The amnesty discussed above would apply to the current stock of accumulated earnings held by US corporations abroad.  Going forward, the Trump administration proposes that earnings of overseas subsidiaries (with ownership of as little as 10% in those firms) would be fully exempt from US taxes.  While it is true that there then would be no incentive to accumulate earnings abroad, the same would be the case if those earnings would simply be made subject to the same current year corporate income taxes as the US parent is liable for, and not taxable only when those earnings are repatriated.

It is also not at all clear to me how exempting these overseas earnings from any US taxes would lead to more investment and more jobs in the US.  Indeed, the incentive would appear to me to be the opposite.  If a plant is sited in the US and used to sell product in the US market or to export it to Europe or Asia, say, earnings from those operations would be subject to the regular US corporate income taxes (at a 20% rate in the Trump proposals).  However, if the plant is sited in Mexico, with the production then sold in the US market or exported from there to Europe or Asia, earnings from those operations would not be subject to any US tax.  Mexico might charge some tax, but if the firm can negotiate a good deal (much as firms from overseas have negotiated such deals with various states in the US to site their plants in those states), the Trump proposal would create an incentive to move investment and jobs to foreign locations.

D.  Conclusion

The Trump administration’s tax plan is extremely skimpy on the specifics.  As one commentator (Allan Sloan) noted, it looks like it was “written in a bar one evening over a batch of beers for a Tax 101 class rather than by serious people who spent weeks working with tax issues”.

It is, of course, still just a proposal.  The congressional committees will be the ones who will draft the specific law, and who will then of necessity fill in the details.  The final product could look quite different from what has been presented here.  But the Trump administration proposal has been worked out during many months of discussions with the key Republican leaders in the House and the Senate who will be involved.  Indeed, the plan has been presented in the media not always as the Trump administration plan, but rather the plan of the “Big Six”, where the Big Six is made up of House Speaker Paul Ryan, Senate Majority Leader Mitch McConnell, House Ways and Means Committee Chairman Kevin Brady, Senate Finance Committee Chairman Orrin Hatch, plus National Economic Council Director Gary Cohn and Treasury Secretary Steven Mnuchin of the Trump administration.  If this group is indeed fully behind it, then one can expect the final version to be voted on will be very similar to what was outlined here.

But skimpy as it is, one can say with some certainty that the tax plan:

a)  Will be expensive, with a ten-year cost in the trillions of dollars;

b)  Is not in fact a tax reform, but rather a set of very large tax cuts;

and c)  Overwhelmingly benefits the rich.

Delusional: Is This What We Are to Expect from the New Trump Administration?

Definition of delusional in English:

delusional

ADJECTIVE

Characterized by or holding idiosyncratic beliefs or impressions that are contradicted by reality or rational argument, typically as a symptom of mental disorder:

‘hospitalization for schizophrenia and delusional paranoia’

‘he was diagnosed with a delusional disorder’

 Based on or having faulty judgement; mistaken:

‘their delusional belief in the project’s merits never wavers’

‘I think the guy is being a bit delusional here’

 

Donald J. Trump was inaugurated as President of the United States at 12:00 noon on January 20.  A day later, his new White House Press Secretary and Communications Director Sean Spicer in his very first press briefing of the new administration, launched a tirade against the press, for reporting (falsely he claimed) that attendance at the inauguration was less than the number who had attended Obama’s inauguration in 2009 (or indeed any prior inauguration). And he was visibly angry about this, as can be seen both in the transcript of the press briefing, and in a video of it.  He charged that “some members of the media were engaged in deliberately false reporting” and claimed that “This was the largest audience to ever witness an inauguration — period — both in person and around the globe.”

Furthermore, after many reports challenged Spicer’s assertions, the new administration doubled down on the charges.  Reince Priebus, the new White House Chief of Staff, vowed on Sunday that the new administration will fight the media “tooth and nail every day and twice on Sunday” over what they see as unfair attacks on Trump (by claiming, falsely they say, that the crowds had been larger at Obama’s inauguration).  And Kellyanne Conway, a spokesman for the White House and Counselor to the President, said on Sunday that what Press Secretary Spicer had asserted was not wrong but rather “alternative facts”.

Finally, one has Donald Trump himself, who claimed that he saw what “looked like a million, a million and a half people” present at his inauguration as he took the oath of office. One does not know how he was able to make such a count, and perhaps he should not be taken too seriously, but his administration’s senior staff appear to be obliged to back him up.

What do we know on the size of the crowds?  One first has to acknowledge that any crowd count is difficult, and that we will never know the precise numbers.  Unless each person has been forced to pass through a turnstile, all we can have are estimates.  But we can have estimates, and they can give some sense as to the size.  Most importantly, while we might not know the absolute size, we can have a pretty good indication from photos and other sources of data what the relative sizes of two crowds likely were.

So what do we know from photos?  Here we have a side-by-side photo (taken at Obama’s first inauguration and then at Trump’s) from the top of the Washington Monument, of the crowd on the Mall witnessing the event.  They were both taken at about the same time prior to the noon swearing-in of the new president, where the ceremony starts at 11:30:


inaugeration-attendance-2017-vs-2009

 

 

 

 

 

 

 

The crowd in 2017 is clearly far smaller.  This has nothing to do with the white mats laid down to protect the grass (which was also done in 2013 for Obama’s second inauguration).  There are simply far fewer attendees.

There is also indirect evidence from the number of Metrorail riders that day.  Spicer said in his press briefing “We know that 420,000 people used the D.C. Metro public transit yesterday, which actually compares to 317,000 that used it for President Obama’s last inaugural.”  Actually these numbers are wrong, as well as misleading (since the comparison at issue is to Obama’s first inauguration in 2009, not to his second in 2013). As the Washington Post noted (with this confirmed by CNN) the correct numbers from the Washington Metropolitan Area Transit Authority (which operates the Metro system) are that there were 570,500 riders on Metro on Trump’s inauguration day, 1.1 million riders in 2009 on Obama’s first inauguration day, and 782,000 riders in 2013 on Obama’s second inauguration day.  What Trump’s press secretary said “we know” was simply wrong.

It is also simply not true that Trump drew a larger estimated TV audience than any president before.  Nielsen, the TV ratings agency, estimated that Trump drew 30.6 million viewers, while Obama drew 38 million viewers at his first inauguration.  And Reagan drew more, at 42 million viewers, for his first inauguration.  Furthermore, both Nixon (in 1973) and Carter (in 1977) drew more viewers than Trump, at 33 million and 34 million respectively. The Trump figure was far from a record.

So how many people attended Trump’s inauguration, and how does that figure compare to the number that Obama drew for his first inauguration?  A widely cited figure is that Obama drew an estimated 1.8 million for his first inauguration, but, as noted above, any such estimate must be taken as approximate.  But based on a comparison of the photos, experts estimate that Trump drew at most one-third of the Obama draw in terms of the number in attendance just on the Mall.  There were in addition many others at the Obama inaugural who were not on the Mall because they could not fit due to the crowding.

Why does this matter?  It matters only because the new Trump administration has made it into an issue, and in doing so, has made assertions that are clearly factually wrong.  Trump did not draw a record number to his inauguration, nor a record number of viewers, nor were there a record number of riders on the Washington Metro system.  These are all numbers, and they can be checked.  While we may not be able to know the precise number of those who attended, we can come to a clear conclusion on the relative size of those who attended this year versus previous recent inaugurations.  And Trump’s attendance was not at all close to the number who attended Obama’s first inaugural.

What is disconcerting is that Trump, his new Press Secretary, his Chief of Staff and others in his administration, should feel compelled to make assertions that are clearly and verifiably wrong, and then to attack the press aggressively for pointing out what we know. And this on his second day in office.  While this is not inconsistent with what the Trump team did during his campaign for the presidency, one would have hoped for more mature behavior once he took office.  And especially so for an issue which is fundamentally minor. It really does not matter much whether the number attending Trump’s inauguration was more or less than the number who had attended prior inaugurations.

Presumably (and assuming thought was given to this) they are setting a marker for what they intend to do during the course of the presidential term, with aggressive attacks on the press for reporting errors in their assertions or on contradictions with earlier statements.  If so, such a strategy, including denial of facts that can readily be verified, is truly worrisome. Facts should matter.  Not all that we will hear from the new administration will be so easy to check, and the question then is what can be believed.

Perhaps, and more worrying, they really believe their assertions on the numbers attending. If so, they are truly delusional.