Last minute nerves

Obama may be looking like a shoe in but Democrats have had too many disappointments in recent years

A few hours out from Election Day, both candidates have made their closing arguments and all the cards appear to be on the table, so I don’t anticipate much more drama in the presidential race. The good news for Democrats is there is not a single poll that has McCain winning the election. Among Conservative opinion-leaders, the mood is subtly shifting from the desperate search for evidence that McCain's steadily closing the gap, to self-consolation that he's kept the race relatively close despite all his disadvantages.

I don't think any remaining uncertain factors will be enough to undo Obama's lead. That being said there is a feeling of anxiety among many Democratic activists right now that something could go terribly wrong on Tuesday. There's not much evidence to support such fears, and that even if McCain winds up doing exceptionally well among undecided voters, he's probably too far behind to close the deal.

I'd argue that aside from there well-earned Democratic pessimism based on past close elections, there might be two factors underpinning this anxiety. The first is obvious enough: race. With the McCain campaign heavily relying on submerged and not-so-submerged racial appeals, old fears about the willingness of white Americans to elect an African-American president have bubbled up.

The second factor is subtler: personal emotional investment in Obama. Democrats have long considered Obama a phenomenal, once-in-a-generation leader who can be "transformational;" others have reached this conclusion more recently. Still others simply think it's imperative, that the Republican lock on the White House is terminated this year, for reasons ranging from Supreme Court appointments to foreign policy.

I wanted to understand why there was anxiety amongst the Democrat activists and one personal experience summed it up best for me – a teacher who goes by the name Ed (who is campaigning in Pennsylvania) said to me that he has only had a strong emotional, as opposed to professional or ideological, investment in the outcome of two presidential elections: 1992 and 2004. And those two Election Nights represented the ultimate highs and lows.

“Back in1992, I remember the joy I was feeling sitting in Atlanta's premier political watering hole, Manuel's Tavern, surrounded by members of a class I was teaching, as Georgia was called for Bill Clinton just two minutes after the polls closed. In 2004, the bad news came to me from a friend of mine who was working for John Kerry in Florida, and told me: "We're done in Florida, and we're done nationally," finally dashing the illusions born of faulty exit polls.”

Many other Democrats have had similar experiences, more negative than positive, usually and many more were wrenched by the endless and ultimately maddening drama of 2000 than with the near miss of 2004. But virtually all of them seem transfixed by this year's election, and what it might signify. That can produce anxiety, which will only be resolved when all the votes are in, and the Democrats have prevailed.

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After Article 50 is triggered, what happens next?

Theresa May says Article 50 will be triggered on 29 March. The UK must prepare for years, if not decades, of negotiating. 

Back in June, when Europe woke to the news of Brexit, the response was muted. “When I first emerged from my haze to go to the European Parliament there was a big sign saying ‘We will miss you’, which was sweet,” Labour MEP Seb Dance remembered at a European Parliament event in London. “The German car industry said we don’t want any disruption of trade.”

But according to Dance – best known for holding up a “He’s Lying” sign behind Nigel Farage’s head – the mood has hardened with the passing months.

The UK is seen as demanding. The Prime Minister’s repeated refusal to guarantee EU citizens’ rights is viewed as toxic. The German car manufacturers now say the EU is more important than British trade. “I am afraid that bonhomie has evaporated,” Dance said. 

On Wednesday 29 March the UK will trigger Article 50. Doing so will end our period of national soul-searching and begin the formal process of divorce. So what next?

The European Parliament will have its say

In the EU, just as in the UK, the European Parliament will not be the lead negotiator. But it is nevertheless very powerful, because MEPs can vote on the final Brexit deal, and wield, in effect, a veto.

The Parliament’s chief negotiator is Guy Verhofstadt, a committed European who has previously given Remoaners hope with a plan to offer them EU passports. Expect them to tune in en masse to watch when this idea is revived in April (it’s unlikely to succeed, but MEPs want to discuss the principle). 

After Article 50 is triggered, Dance expects MEPs to draw up a resolution setting out its red lines in the Brexit negotiations, and present this to the European Commission.

The European Commission will spearhead negotiations

Although the Parliament may provide the most drama, it is the European Commission, which manages the day-to-day business of the EU, which will lead negotiations. The EU’s chief negotiator is Michel Barnier. 

Barnier is a member of the pan-EU European People’s Party, like Jean-Claude Juncker and German Chancellor Angela Merkel. He has said of the negotiations: “We are ready. Keep calm and negotiate.”

This will be a “deal” of two halves

The Brexit divorce is expected to take 16 to 18 months from March (although this is simply guesswork), which could mean Britain officially Brexits at the start of 2019.

But here’s the thing. The divorce is likely to focus on settling up bills and – hopefully – agreeing a transitional arrangement. This is because the real deal that will shape Britain’s future outside the EU is the trade deal. And there’s no deadline on that. 

As Dance put it: “The duration of that trade agreement will exceed the life of the current Parliament, and might exceed the life of the next as well.”

The trade agreement may look a bit like Ceta

The European Parliament has just approved the Comprehensive Economic and Trade Agreement (Ceta) with Canada, a mammoth trade deal which has taken eight years to negotiate. 

One of the main stumbling points in trade deals is agreeing on similar regulatory standards. The UK currently shares regulations with the rest of the UK, so this should speed up the process.

But another obstacle is that national or regional parliaments can vote against a trade deal. In October, the rebellious Belgian region of Wallonia nearly destroyed Ceta. An EU-UK deal would be far more politically sensitive. 

The only way is forward

Lawyers working for the campaign group The People’s Challenge have argued that it will legally be possible for the UK Parliament to revoke Article 50 if the choice is between a terrible deal and no deal at all. 

But other constitutional experts think this is highly unlikely to work – unless a penitent Britain can persuade the rest of the EU to agree to turn back the clock. 

Davor Jancic, who lectures on EU law at Queen Mary University of London, believes Article 50 is irrevocable. 

Jeff King, a professor of law at University College London, is also doubtful, but has this kernel of hope for all the Remainers out there:

“No EU law scholar has suggested that with the agreement of the other 27 member states you cannot allow a member state to withdraw its notice.”

Good luck chanting that at a march. 

Julia Rampen is the editor of The Staggers, The New Statesman's online rolling politics blog. She was previously deputy editor at Mirror Money Online and has worked as a financial journalist for several trade magazines.