What if Hillary Clinton had won?

One can’t help but wonder what would be different if Hillary Clinton had won the Electoral College vote as well as the popular vote.  Some things are clear, others are hazy–to me anyway.

First, the Republicans would still hold the House and the Senate.  Nothing that President Clinton proposed would pass through Congress and nothing that the Republicans passed through Congress would be signed into law.  Thus, for at least two more years, we would be living with a continuation of the final six years of the Obama administration.  That is, President Clinton II would govern by executive orders and rule-changes by federal agencies.  These would be contested in the courts.

Second, the Republican Senate might well refuse to hold hearings on any Clinton nominee for the Supreme Court.  Thus, probably we would be living with a 4-4 deadlock on the Court.  The decisions of lower courts would be affirmed.  That would shift the judicial struggles to the nomination of judges to lower courts.

Third, both Bernie Sanders and Hillary Clinton had repudiated the Asia Pacific trade deal before the election.  It would be just as dead under a Clinton administration as it is under a Trump administration.

Fourth, James Comey would have been dismissed as Director of the Federal Bureau of Investigation.  Congress would then have held hearings on this matter, including on whether this amounted to obstruction of justice.  (See: Benghazi hearings if you don’t think that this last contention is true.)

Fifth, there would be an investigation of Russian meddling in the 2016 election.  This investigation would reveal—at the least—that the Russkies had hacked Democratic computers and the passed the fruits of this robbery to Wikileaks.  Moreover, the Russians would be revealed to have done a bunch of other things that may have monkeyed with the passions of voters.

Six, the Clinton campaign would have transitioned to government offices.  The results for American government would resemble those of the Clinton campaign itself.  According a New York Times review of the first account of the Clinton campaign organization, “It’s the story of a wildly dysfunctional and ‘spirit-crushing’ campaign that embraced a flawed strategy (based on flawed data) that failed, repeatedly, to correct course…In fact, the portrait of the Clinton campaign that emerges from these pages is that of a Titanic-like disaster: an epic fail made up of a series of perverse and often avoidable missteps by an out-of-touch candidate and her strife-ridden staff.”  These people would then have set out to manage the White House.  Then, what about Bill and Chelsea, and the Clinton Foundation, and Huma Abedin?

Seventh, Roy Moore would not have had the chance to defeat Luther Strange for a Senate seat from Alabama because Jeff Sessions would still be a sitting senator.

Eighth, the Clinton administration would be dealing with a series of long-developing, but now pullulating international crises: Iran’s nuclear weapons combined with its support for the Assad regime in Syria; North Korea’s nuclear threat; Russia’s intervention in a series of conflicts. European elections; and the Rohingya refugees.  So, a lot of ugly issues.

Ninth, the “exchanges” created by the Affordable Care Act (“ObamaCare”) were collapsing before the election.  Young people have declined to pay for their elders.  President Clinton would have had to seek a solution in league with a Republican Congress.  Under these circumstances, what would be the middle ground?

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Kellogg and Briand Frosted Flakes.

In the First World War (1914-1918), Germany fought France, Britain, Russia, and the United States.  Germany lost–barely.  The French sought to create a post-war peace system based on keeping Germany weak.  Break up Germany into smaller states; grant the French control of the Rhineland and the Ruhr (Germany’s industrial heartland).  The British and the Americans didn’t like this solution, which just promised future wars.  Britain and the United States came up with a different plan: they would guarantee French security with an alliance treaty.  If Germany (or Mars) attacked, Britain and France would come to the aid of France.  However, the United States Senate refused to approve the Versailles Treaty (and its obligations for the United States).[1]  The British took the view—not entirely reasonable in light of the subsequent German danger under Mr. Hitler—that this let them off the hook as well.  All of a sudden, the French had neither an American nor a British alliance, nor did they have a weakened Germany.  What to do?

They tried coercing the Germans by occupying the Ruhr (1923-1925).  Unfortunately, they owed American banks a ton of money from the war.  So the American could—and did—bend France over the couch.  This led to the Dawes Plan and, eventually, to the Locarno Agreements.

Aristide Briand (1862-1932) fell heir to this mess.  Briand was a leftist politician who had been prime minister on many occasions.  In 1925 he became foreign minister.  He needed a way to fend off a future war with Germany.  Partly, this meant sucking-up to Germany.  Partly this meant trying to snare the United States into promising to defend France.  Briand fished around, then proposed what amounted to a defensive alliance between the US and France.

Frank Kellogg (1856-1937) grew up in the Upper Mid-West, taught himself law under the old pre-law-school system, and eventually became a terrifying lawyer for the U.S. Government in the Theodore Roosevelt administration.  He prosecuted the Union Pacific Railroad and Standard Oil.[2]  What he didn’t know about the real meaning of legal agreements wasn’t worth knowing.  He became a Senator from Minnesota (1916-1922).  Unlike most Republicans, he voted for the Versailles Treaty, so he lost that job.  “Progressive” Republicans like Herbert Hoover didn’t hold it against him that he had stood up to the old men and idiots.  He spent a year as Ambassador to Britain (1924-1925), then became Secretary of State (1925-1929).

So, Frank Kellogg had to deal with Aristide Briand’s proposal.  How to dodge a French trap?  He counter-proposed an agreement that would be open to every country and which rejected aggressive war as an instrument of national policy.  Who could be against a rejection of aggressive war?  In the public mind, the Kellogg-Briand Pact “outlawed war.”  Cheering followed.  Robert Ferrell told this story well in Peace in Their Time (1952)

Then Japan attacked China and Germany ran amok in Europe.  The Second World War followed.  The Holocaust followed.  The atom-bombing of Japan followed.  Filled with disgust over humankind, people came to misunderstand the Kellogg-Briand Pact.  First, “nouveau realists” saw it as a joke.  “Outlawing War” is joke, yes?  More recently, lawyers have seen it as the entering wedge for the rule of law, norms, and a rules-based system.[3]  Neither is true.  The Pact is best understood as a “realist” diplomatic maneuver in an age of popular idealism.

[1] This is a complex story.

[2] Yes, Republicans used to do this, just like the Democrats used to be an arm of the KKK.

[3] Oona Hathaway and Scott Shapiro, The Internationalists: How a Radical Plan to Outlaw War Remade the World (2017).  The reviews aren’t much more sensible, even when written by historians