Im-Politic: A Bad Week in Court…for the Race-Mongers

Tags

African Americans, Ahmaud Arbery, Andrew Coffee, anti-semitism, Charlottesville, citizens arrest, criminal justice, Florida, fugitive slave laws, Georgia, Im-Politic, Kenosha, Kyle Rittenhouse, racism, self-defense, systemic racism, Unite the Right, vigilantism, white supremacists

It’s been a very bad week for those Americans (and others) convinced that their country’s entire society, and especially its criminal justice system, remain so thoroughly infected with racism that nothing less than multiple amputations and lobotomies are required.

As a result, it’s been a very good week for those Americans (and others) trying to grapple rigorously with the racism that has historically stained that criminal justice system and larger society, culture, and economy, and with its lingering effects in all their complexity.

For this time period has seen no fewer than three race-infused trials conclude with verdicts that thoroughly debunk claims of bigotry racism in that justice system so pervasive as to be systemic.

The first and most publicized resulted in murder convictions for three white Georgians who killed an African American man jogging through a neighborhood in the southeastern corner of the state. The trio of whites blamed their attack on Ahmaud Arbery on his resistance to their attempts to carry out a citizen’s arrest prompted by suspicions of his involvement in several local burglaries.

But the nearly all-white jury ultimately agreed with the prosecutor’s observation that the attackers’ actions were utterly illegal vigilantism even by the recklessly indulgent standards of a state law that, like many counterparts, is rooted in a history of genuinely shameful fugitive slave statutes – and that was repealed this past May. For none of the defendants saw Arbery engage even in any dodgy act, and possessed no evidence of his possible guilt.

Arbery’s family and others argued that the killing took much too long to be investigated, and their charges of attempted cover-up by some local officials seems to have been vindicated by the eventual decisions of area prosecutors and judges to recuse themselves from the trial. So there’s a strong case to be made that justice was delayed. But in this instance, it’s clear that it wasn’t denied.

The second trial attracted less attention, but appears no less important. This past Tuesday, more than a dozen white racist and anti-semitic leaders and their organizations, which organized the tumultuous 2017 “Unite the Right” rally in Charlottesville, Virginia, that claimed one life, were found guilty of breaking state law by conspiring to intimidate, harass, or harm counter-protestors and local residents. The verdict by the majority white jury awarded the plaintiffs $26 million in compensatory and punitive damages, and the defendants are almost certain to be tried on the federal charges (of conspiring to commit racially motivated violence) on which the jury failed to reach a decision.

The third trial has received almost no national attention, but is especially interesting given widespread arguments that acquitted Kenosha, Wisconsin shooter Kyle Rittenhouse would have been found guilty of some form of homicide had he been black. (See, e.g., here and here.) This third trial is especially interesting because the verdict actually did acquit on self-defense charges an African American who killed an intruder into his home and attempted to slay another. Special bonus: The two intruders were cops.

The defendant, Andrew Coffee IV, didn’t get off scot free. The Vero Beach, Florida jurors found him guilty of illegally possessing a firearm. (He was found guilty of felony battery and evading arrest in 2013.) But his position that he didn’t realize that the intruders were law enforcement officers, and didn’t hear the SWAT team in question so identify itself, carried the day on the main charge. And here’s a fun fact – Coffee’s acquittal came the same day as Rittenhouse’s.

As noted above, these results don’t mean that African Americans have never gotten horrifically raw deals from the American criminal justice system, or even that no such injustices take place today. (I’ve written about the latter issue, e.g., here.) But these three verdicts – which all came in states belonging to the old Confederacy – cannot possibly have taken place in a country still determined to suppress the rights of blacks (and other minorities). Instead, they took place in a country where, as noted by an African American lawyer quoted here, such outcomes are possible, if not yet often enough, in the first place – and always have been.

Glad I Didn’t Say That! A Weird NY Times Definition of “Polarizing”

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CCP Virus, coronavirus, COVID 19, experts, Florida, lockdowns, Mainstream Media, MSM, politics, polls, public health, reopening, Ron DeSantis, The New York Times, Wuhan virus

Florida Republican Governor Ron DeSantis “has become a

polarizing leader in the resistance to lengthy pandemic lockdowns,

ignoring the advice of some public health experts in ways that have

left his state’s residents bitterly divided over the costs and benefits of

his actions.”

– The New York Times, April 10, 2021

Latest two DeSantis Florida approval ratings: 53 % & 60 %

– Sarasota (Fla.) Herald-Tribune, March 2, 2021 and The Florida Times-Union, March 4, 2021

 

(Sources: “Could Ron DeSantis Be Trump’s G.O.P. Heir?  He’s Certainly Trying,” by Patricia Mazzei, The New York Times, April 10, 2021, Could Ron DeSantis Be Trump’s G.O.P. Heir? He’s Certainly Trying. – The New York Times (nytimes.com); “New poll shows 53% of Florida voters approve of DeSantis, a big increase from July,” by Zac Anderson, Sarasota Herald-Tribune, March 2, 2021, https://www.heraldtribune.com/story/news/politics/state/2021/03/02/florida-governor-ron-desantis-approval-rating-sees-big-increase-covid-pandemic-anniversary/6877677002/; and “UNF poll: Gov. DeSantis approval at 60 percent,” The Florida Times-Union, March 4, 2021, UNF poll: Gov. DeSantis approval at 60 percent – News – The Florida Times-Union – Jacksonville, FL )

Im-Politic: The Surprising Politics of Mask-Wearing

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California, CCP Virus, conservatives, coronavirus, COVID 19, Democrats, Eric Garcetti, facemasks, Florida, Gavin Newsome, Im-Politic, liberals, lockdowns, Los Angeles County, masks, Miami-Dade County, Orange County, Republicans, Ron DeSantis, San Diego County, shutdowns, Trump, Wuhan virus

Republicans and conservatives are recklessly or stupidly or (INSERT YOUR FAVORITE DEROGTORY ADVERB) resisted orders issued by many state and local governments mandating facemask wearing in various circumstances to fight the CCP Virus more effectively. No less than Paul Krugman, one of The New York Times‘ uber-liberal uber pundits, says so. So do a number of Republicans – especially those from the nearly extinct Bush wing of the GOP. And special ire is reserved for Prsident Trump, who until July 11 refused to wear a mask in public, and who still hasn’t issued a blanket endorsement of the practice, and remains opposed to a federal mandate.

In the interests of full disclosure, I wear masks (as required by law) when I patronize indor businesses in Maryland (where I live), and would don them in crowded outdoor areas, too (not required). And I’d abide by any mask regulations elsewhere. Evidently scientific evidence on mask effectiveness has been mixed enough to prevent the World Health Organization (WHO) from encouraging their use until June 5. But these coverings make intuitive sense to me, and although I find tem sort of uncomfortable, they’re anything but unbearable.       

What I do find irksome is how the Mainstream Media and most of the rest of America’s chattering classes have decided that it’s only one half of the political spectrum that’s to blame for shortfalls in America’s mask-wearing record. Because evidence abounds that there’s lots of opposition, or at least indifference, to masks among Democrats and liberals, too. And the experiences of Florida and California – two big states whose governor have taken dramatically differing approaches to handling the CCP Virus – make the point nicely.

In case you’re ignoring national news completely, Florida deserves special attention because of the “ha-ha factor.” As in “Ha ha – Republican Governor Ron DeSantis had been bragging about how the Sunshine State had suppressed the virus with a light regulatory touch, but lately it’s become a major hot spot.”

Specifically, the indictment against DeSantis began with his refusal to close the state’s beaches for spring breakers and Florida natives who relish the shore, continued with his decision to reopen the beaches and the rest of the state after a shelter-in-place order had been in place fairly briefly, and has been reinforced by his own opposition to order mask-wearing state-wide, which is blamed at least in part for Floridians’ continually casual attitude about face coverings and related practices like social distancing, and the state’s recent spike in cases and deaths. (See here and here for examples.)

But if you look at the pattern of infection in Florida, it quickly becomes clear that Democrats as well as Republicans must be ignoring mask-wearing and distancing en masse. After all, the five Florida counties with the biggest numbers of registered Democratic voters are (in descending order) Miami-Dade, Hillsborough, Broward, Palm Beach, and Orange. Indeed, together, they account for nearly 45 percent of the Florida Democratic total. They also happen to be the state’s five most populous counties, adding up to just under 42 percent of its population.

Yet this Big Five has contained more than 54 percent of the 80,236 new CCP Virus cases recorded in Florida during the week ending yesterday. In other words, these Democratic strongholds punched significantly above their new cases weight. And Democratic voter champ Miami-Dade all by itself, whose population represents 12.65 percent of Florida’s total, is home to more than 24 percent of those new Florida virus cases. And with the exception of one tiny black majority panhandle county, it’s also Florida’s most lopsidedly Democratic county. So its even greater “out-perform” is all the more noteworthy.

One possible counter-argument is that these five populous Democratic counties are also more densely peopled than state counties with much smaller populations, where the virus’ impact has been slighter. But that sounds like an excuse to me. If Democrats are less selfish and/or stupid and/or reckless than Republicans, and therefore more committed to mask-wearing and social distancing and the like, then they should be making much greater efforts to tone down their recreational or social lives to slow the spread, and save the lives of their fellow Floridians.

Obviously, not every resident of these counties, or every registered Democrat, is ignoring the need to fight the pandemic. But the prevalence of Democrats in these counties is just as obviously signaling that many are.

California’s a somewhat different story – and an even stronger challenge to the narrative. Unlike Florida, where the Democratic-Republican ratio overall is only 1.06:1, in California, it’s Democrats outnumber Republicans by a 1.90:1 margin. Not surprisingly, the Golden State is governed by a Democrat – Gavin Newsom – and its lockdowns came much earlier, and were much more pervasive, than Florida’s. So Californians were by no means receiving the kinds of mixed messages about responsible behavior from their statehouse than DeSantis has been accused of sending.

But many of the state’s residents evidently decided to ignore them – and pretty quickly. For example, as early as late April, so many Californians were crowding the state’s beaches in violation of social distancing protocols that Newsom decided to close them. A little over a month ago, after major increases in the state’s CCP Virus case numbers, deaths, and deaths followed Newsom’s cautious reopening program, Newsom charged that the problem wasn’t a too hasty lifting of economic restrictions, but Californians’ irresponsible behavior:

“Simply put, we are seeing too many people with faces uncovered — putting at risk the real progress we have made in fighting the disease. California’s strategy to restart the economy and get people back to work will only be successful if people act safely and follow health recommendations. That means wearing a face covering, washing your hands and practicing physical distancing.”

Much of this incautious beach-going is surely going on in Orange and San Diego Counties, where the Democratic-Republican split is smaller than in the state as a whole. So even though both counties combined boast nearly 1.3 million Democratic voters, maybe all of theirDemocrats were well-behaved.

But no such case can reasonably be made for Los Angeles County, the state’s most populous by far, and a jurisdiction where registered Democrats outnumber registered Republicans by more than three-to-one – much higher than the state average. Here, the virus’ comeback has been strong enough that Los Angeles City Mayor Eric Garcetti is warning that he is “on the brink” of imposing another stay-at-home order. And for good measure, he laid much of the blame at the feet of the public:

“It’s not just what’s opened and closed. It’s also about what we do individually. It’s about the people who are getting together outside of their households with people they might know. It might be their extended family, it might be friends. They might think because they got a test two weeks ago that it’s OK, but it’s not… We have to be as vigilant right now as we were the first day…bring 100 percent of our strength the way we did the first or second month.”

Even before the debut of the the Trump face covering, Republican and conservative resistance to mask-wearing had been crumbling, and despite my continued uncertainty that the results will be game-changing it’s a trend I applaud.  And I suspect it would be accelerated if America’s Democratic and liberal leaders admitted that their supporters have considerable work to do on this front, too.   

Im-Politic: On a Parkland Applicant, Harvard Flunks the Character Test

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adolescents, character, college admissions, colleges, Earl Warren, Florida, forgiveness, gun violence, Harvard University, higher education, Hugo Black, Im-Politic, Japanese internment, Ku Kux Klan, Kyle Kashuv, Parkland, racism, school shootings, Supreme Court, universities, World War II

The more I read and think about Harvard University’s decision to rescind admission to Kyle Kashuv because this survivor of the Parkland, Florida high school mass shooting last year made a variety of racist and other offensive and bigoted remarks in a digital document two years ago, when he was all of sixteen years old, the more outraged I get. And the more convinced I become that Harvard pounced upon an excuse to respond to pressure to punish Kashuv for refusal to jump aboard the gun control bandwagon.

Let’s get one aspect of this incident clear right away. Kashuv’s remarks were genuinely appalling. But for any fair-minded observer, the mitigating factors are overwhelming. He was in mid-adolescence – when even good kids often get tempted to do and say lots of stupid and even cruel things. His remarks were so loopy that they even included anti-semitic slurs – even though Kashuv is Jewish. They were made in private digital communications to a handful of apparently equally stupid friends and other schoolmates – i.e. no one has ever accused him of voicing such sentiments in public, an act that would create actual victims. He has admitted responsibility and apologized profusely. Further, nothing known about him so far – and clearly, folks have been looking, since he was outed by a fellow Marjory Stoneham Douglas student who apparently opposed his views on guns – indicates that these remarks ever reflected his actual views, much less do so now.

In fact, overall, Kashuv’s behavior has been far more honorable than Harvard’s handling of his character issues. To its credit, the university first responded to “media reports discussing offensive statements allegedly authored” by Kashuv by noting the morals clause that’s one of its admissions considerations and asking for “a full accounting” so that the matter could be “considered.” (The best source for these and the following Kashuv and Harvard statements is Kashuv’s Twitter feed:  @KyleKashuv.   

But Harvard’s professed open-mindedness was actually a sham, as is clear from its June 3 letter to Kishuv following his apology and explanation, and rejecting his appeal. The admissions dean William R. Fitzsimmons told Kashuv that he and his colleagues “appreciated [his] candor and…expressions of regret” and “discussed [them] at length.” And they bounced him anyway.

It’s disturbing enough that Harvard refused to accept a lengthy apology for a 16-year old’s misdeeds, an equally lengthy promise to learn and grow, and evidence of actually acting on this promise (in the form of reaching out to the university’s diversity office for guidance and counseling). At least as disturbing is seeing this inflexibility at an educational institution – which presumably is in the business of human improvement and focuses on teenagers, who surely represent many of the most improvable individuals on the planet.

As Kashuv himself has wisely noted, Harvard’s actions also raise broad moral questions about whether “we live in a society in which forgiveness is possible or mistake brand you as irredeemable.” I’d add that the odds of making offensive comments in particular have risen dramatically in recent years, since the amped up coarsening of culture and society is bound to trickle (and even flood) down to the young. Moreover, given how unpopular his guns views tend to be in the left-leaning political cultures on so many college campuses, and especially at so-called elite institutions like Harvard, the school’s treatment of Kashuv reeks of a politicized admissions process.

At the same time, the potential practical consequences of such gun jumping (no pun intended) should be sobering. I’m thinking in particular of Hugo Black. This mid-twentieth century Supreme Court Justice belonged to the Ku Kux Klan as a young adult. He was never especially apologetic, either. But on the High Court, he became one of its staunchest proponents of racial integration and a singular champion of free speech and other individual liberties – for Americans regardless of color.

And don’t forget Earl Warren, Chief Justice of the Court during much of Black’s tenure. As Attorney General and Governor of California during World War II, he was instrumental in carrying out the federal policy of indiscriminately throwing Japanese-Americans into internment camps solely because of their race or ethnicity. Not until his memoirs were published posthumously is there any public record of regret for these actions. Yet as Chief Justice, he became an even more powerful force than Black for racial justice and civil liberties.

The main – and screamingly obvious lessons – it seems to me are:

First, people can evolve even as adults, much less from their childhood and adolescent selves.

Second, the case for affording the benefit of the doubt, especially when the offender is young, and forgiveness is sought, is impressive.

And third, to understand these truths, you sure don’t need a Harvard education.

(What’s Left of) Our Economy: How Not to Rate the States’ Economies – & Their Prospects

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California, demographics, domestic migrants, entitlement programs, Florida, Forbes, government workers, immigrants, inflation-adjusted growth, innovation, Medicare, Missouri, New York, New York City, Pennsylvania, population, private sector, productivity, retirees, seniors, Social Security, taxes, William Baldwin, {What's Left of) Our Economy

Thanks to Forbes magazine, it’s possible today to teach a useful lesson about the limits of statistics and the studies they’re based on – especially if those studies seem to be intended to prove a point rather than seek the truth.

The post in question, by former Forbes editor William Baldwin, looks like it makes a claim that’s not only important but irrefutable: U.S. states whose numbers of “takers” (government workers plus recipients of government transfer – welfare – and entitlements payments) greatly exceed the “makers” (private sector workers) are in “death spirals.” But states in the opposite situation have promising economic futures. In particular, employers are much likelier to create the private sector jobs crucial to continued healthy growth in the “maker” states.

It’s easy to understand Baldwin’s reasoning. The private sector undeniably is more innovative and productive than the public sector – two of the main ingredients of that healthy growth. And states with big populations of entitlements recipients (e.g., Medicare and Social Security) are almost by definition states with older populations – raising the question of who’s going to pay for all those benefits for non-working or even only semi-retired seniors. Case closed? Not exactly.

Interestingly, doubts start arising as soon as you eyeball the author’s chart. For example, he places California in the “death spiral” category. Since the Golden State represented 13.40 percent of the entire national economy as of 2014, it’s clearly a crucial example. But U.S. government figures also make clear that California enjoyed inflation-adjusted growth last year (2.80 percent) that was considerably faster than the national average (2.20 percent). That doesn’t sound like much of a death spiral to me. And in case you’re wondering whether 2014 was an outlier, California also out-grew the nation as a whole from 2011 to 2014 – by 7.81 percent to 6.26 percent.

Demographics don’t support Baldwin’s portrait of California, either. According to the U.S. Census Bureau (click here for the various relevant spreadsheets), between mid-2010 and mid-2015, the United States population as a whole as a whole grew by 12.661 million. Nearly 58 percent of the increase came from more babies being born than legal residents passing away, and the rest came from net migration from abroad.

California was responsible for nearly 15 percent of this increase – which means that the state punched above its weight demographically. In 2010, its share of the national population was only 12.07 percent. So it looks like there will be plenty of new Californians to pay for public services and retirement costs. And although many of the nearly 835,000 immigrants to come to the state during this period were illegals, many obviously were not.

The situation in another one of Baldwin’s death spiral states – New York – doesn’t look nearly so dire, either, on closer inspection. New York’s after-inflation economic growth between 2011 and 2014 wasn’t as fast as California’s. But at 6.79 percent, it still beat the national average.

New York also lost a little population from 2010 to 2015 (22,308 residents moved away). But births outnumbered deaths by 1.59 to 1, which is a bit better than the national average. And although just over 653,000 New Yorkers moved out of the state during that period, nearly 631,000 immigrants arrived. Of course, many have been illegal and low-wage. But many others have been foreign oligarchs who have rocketed the New York City real estate market into the stratosphere. In fact, the city’s property and income tax receipts for the fiscal year ending June 30 are so immense that its budget surplus is likely to approach $1 billion. So there’s no revenue shortage there.

Now let’s move to one of Baldwin’s more promising states: Florida. The Sunshine State has handily beaten the national average on 2011-2014 growth (7.07 percent) – although its performance has been affected by the depth of its housing-bust-fueled recession. On the surface, its population trends look good, too – as has historically been the case. In 2010, Floridians represented 6.09 percent of all Americans, but over the next give years, the state’s increase came to 11.58 percent of the national total.

Less good, however, were the internals – especially for Baldwin’s “death spiral” thesis. Florida’s population growth has been powered by immigrants and Americans from other states to a roughly equal extent. Surely wealthy foreigners have been well represented in immigrant ranks along with poorly paid illegals. But anyone who knows Florida knows that many of the domestic migrants have been retirees. That can’t bode well for the tax base.

Florida’s neighbor, Georgia, is another odd Baldwin success story. Its 2011-2014 growth trailed the U.S. average (at 5.32 percent). Yet its population growth (4.16 percent of the nation’s total) was greater than its 2010 share of the overall population (3.14 percent). It’s true that Georgia’s subpar population increase may eventually translate into stronger-than-average growth. But should that be considered a solid bet? Stranger still is the author’s positive assessments of Missouri and Pennsylvania, which have been under-performing both in terms of economic and population growth.

Of course, Baldwin has pegged many states right. But misses that are this big, especially for places like New York and California, make clear that the sources of healthy growth and bright economic futures are much more varied than entitlement spending, government workforce sizes, and even generational demographics. Lifestyle clearly plays a major role – what else explains California consistently defying predictions of economic doom triggered by alarm over high taxes, burdensome regulations, and the like? Along with New York and Washington state (another one of Baldwin’s losers, despite the attractions of Seattle), it’s long likely to remain a magnet for talent, as well as wealth (whether ill-gotten or not).

Although I’ve never met Baldwin, I do know that Forbes has long been one of the media world’s strongest champions of Darwinian free market thinking – and of course an equally ardent opponent to Big Government. So it looks reasonable to me that this ideology overwhelmed a more holistic view of economics and business – which his successors at Forbes might have realized just by looking out the windows of their Manhattan offices.

Im-Politic: Jeb Bush’s Bubbly Florida Economy

Tags

2016 elections, construction, Financial Crisis, Florida, Great Recession, growth, housing bubble, Im-Politic, Jeb Bush, Jobs, mortgages, real estate

To lay my cards on the table right away, I’m not a Jeb Bush fan. I don’t like the former Florida Governor’s stances on trade and immigration policy. I don’t find him at all impressive on any major domestic economic issues or on foreign policy. And I would be troubled by the (further) triumph of nepotism his election as president would signal. (And yes, a Hillary Clinton victory would create much the same problem.)

At the same time, except for the dynasticism angle, I have many of those above problems with many of this year’s other Republican presidential hopefuls. So the following isn’t meant to sway your political preferences – just to remind you how looking under the hood is every bit as important in evaluating office-seekers as in analyzing economic data. And more specifically, why your antenna should have been set off today by Bush’s claims about his economic record in the Tallahassee statehouse.

According to Bush, during his 1999-2007 tenure as governor, “We made Florida number one in job creation and number one in small business creation. 1.3 million new jobs, 4.4 percent growth, higher family income, eight balanced budgets, and tax cuts eight years in a row that saved our people and businesses 19 billion dollars.”

But the dates of his term represent a broad hint that these economic achievements amounted to a pyrrhic victory for the state. For Bush’s governorship occurred during the interlocking housing and credit bubble that marked the whole U.S. economy during the previous decade. And anyone who’s been following housing in recent years knows that few mortgage markets were more bloated than Florida’s, and that few states have suffered more from the bubble’s bursting.

The official U.S. government data bear out this claim. Between 1999 and 2007, Florida’s economy strongly outgrew the nation’s as a whole, expanding by 35.63 percent after inflation versus 21.86 percent for the United States overall. But the housing bubble was a major reason. The real estate sector fueled 22.33 percent of the state’s real growth during that period, and construction contributed another 6.51 percent. Nation-wide, real estate generated 14.44 percent of real growth from 1999 to 2007, and construction actually shrank, as building activity began losing steam before the financial crisis struck full blown.

Largely as a result, during the two years after Bush left office, Florida’s economy contracted by just over 10 percent after inflation – a much deeper downturn than the 3.22 percent nation-wide slump. So Florida during the Jeb Bush years paid even less attention to the quality of growth than did America as a whole during the comparable George W. Bush years, and paid the price.

Jeb Bush is technically correct in touting Florida job creation during his governorship. From 1997 to 2008, total non-farm employment increased by 1.35 million – a 20.28 percent gain that was nearly double the 10.76 percent rise in jobs nationally. But the housing bubble, again, was a major contributor. During the 1999-2007 Bush years, construction and real estate produced 12.90 percent of those Florida job gains, versus 12.61 percent nationally. (All these and the following employment data are not seasonally adjusted.)

Even more revealingly, this job-creation mix resulted in Florida faring much worse than the rest of the nation during the recession in employment terms as well. From the recession’s December, 2007 onset (just when Jeb Bush’s second term was ending), through the nation’s employment nadir in absolute terms (January, 2010), the state lost 11.67 percent of its total non-farm jobs. The overall economy lost 8.26 percent of its jobs. This Florida out-performance was led by a stunning loss of more than 40 percent of its construction jobs (versus 28.81 percent nation-wide) and 16.52 percent of its real estate jobs (versus 10.92 percent nation-wide).

Jeb Bush can by no means be blamed for the housing bubble. But by the same token, that bubble deserves considerable credit for the Sunshine State’s apparent economic success during his governorship. Sadly for Floridians, their bubble left them even less well prepared for its bursting than most of the rest of their fellow Americans. Would Jeb Bush perform any better as president? No one can know for sure. What is certain is that his experience in state office can’t possibly provide any clues.