Response to School Shootings

February 21, 2018

After this latest school shooting with 17 dead, I’ve read wonderful pieces by people who lost loved ones to guns, and banal pieces by wonderful writers whose imaginations were fried by the horror. What’s left? Sometimes I try to convince, or fire the choir. Here I’m trying to understand why we can’t put the guns away.

There are many strands in our struggle over guns.

  • Some decided the Civil Rights Movement justified refighting the Civil War. There’s literature at gun shows and conclaves of gun owners that would be out of place anywhere else.
  • Some associations, like the NRA, respond to their most committed, and extreme, members. The NRA’s extremists found a way to hold and even enlarge their membership while pushing it further toward the wrong – the opposite of left is certainly not a synonym for correct.
  • Some politicians have been scaring people for decades. It’s us against them and support your police – hardly an issue until it’s used to justify shooting some people in the back – that’s against the law for everyone else and I can’t support so-called “law enforcement” that shoots people in the back.

Let me suggest another. The Founders’ divisions persist. The Founders talked and wrote about the general welfare, the opposite of selfishness. They did not glorify freedom from regulation. The record shows amazing levels of social regulation – and by the way you couldn’t keep ammunition in your house – it belonged in armories. The Founders believed in social responsibility, though they certainly did not always act the part.

On the other side, their “Don’t Tread on Me,” patriotic slogan is now taken as an emblem for extreme libertarianism. I’ve seen people so sure of their right to do whatever they wanted that they were outraged when cutting their driveway through a neighbor’s property and cutting down her flowering bushes drew a very angry response. And once the Revolution ended British restraints on westward settlements, the former colonists couldn’t wait to snatch Indian land across the Appalachians. Indians didn’t count any more than slaves did; in fact Indians were often enslaved as well as exterminated. If “we” want something, and “we” can get it, then “we” should take it. “Don’t tread on me.”

Many schools reduced violence by banning guns, but many gun enthusiasts think more kids with guns would make schools safer. Many cities reduced violence by keeping guns off the streets. To a carpenter problems can look like nails; to orthopedists problems can look like broken bones; to gun owners ….

The tools we hold invite the responses we make. They dis or disobey us, here’s my tool and it makes these surgical cuts in your internal organs. So as innumerable old western movies celebrated, you had to “hang ‘em up.” (Whoever thought those movies could teach us anything?)

It’s not just macho culture; not just about gender or sex. It’s about getting what we want, controlling the world, not sharing or living in it.

Trayvon Martin never threatened George Zimmerman even if he convinced a bizarre jury that he was in reasonable fear, but Zimmerman had a gun which made it easy to shoot a man in the back. That’s a piece of “American culture” I can do without. I much prefer people with the decency and the wisdom to try to live together in peace, paz, pacem in terris, shalom, salaam – peace in any language and the peace that we claim in all faiths.

— This commentary was broadcast on WAMC Northeast Report, February 20, 2018.

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Why law?

February 13, 2018

Governments, including democracies, make laws and rules. Lots of folk spend lots of time telling us we don’t need regulation, or at least we need lots less. Laws and rules are restraints on our freedom to do what we want. And most people are honest. So why do we need law?

Let me tell you about a janitor at Albany Law. John DeMateo was very much beloved. Our gymnasium is named for John. He was always ready to lend a helping hand, often going way out of his way to be helpful. He hired students for the maintenance staff, giving them ways to earn the money they needed to get through their schooling. During breaks, especially the summer break, John used to put out an urn of coffee strictly on the honor system. Put in a quarter and take a cup. No one was watching. What John told me was fascinating. He never had any problem with people helping themselves to free coffee. I’m sure some people must have paid a little later when they got that quarter. But they were honest. However, and this is a big but, every summer someone figured out where he kept the money. It only took one. John still put the urns out but he told me that it barely paid his expenses. The vast majority of us were honest, but one dishonest person changed everything.

Law is for the few people whose unscrupulousness can make life miserable. I’ve heard a Harvard dean claim that a code of professionalism is better than law because scientists will follow it. But if there is any significant profit to be made from being unscrupulous, someone will follow that path too. Business tells us that most businessmen are honest. I’m sure that’s true. But how many unscrupulous business people does it take to make life miserable for the rest of us – especially when the unscrupulous, who cut corners that endanger the rest of us, can brag about how cheap their stuff is. Cheap indeed. And that puts pressure on everyone else. It puts pressure on other businesses, especially when it’s hard to find out who’s doing what. How easy is it for us to know that the workers who make our beloved running shoes are treated well? Or to understand the medical implications of all the stuff that goes into our food. Competition isn’t a level playing field. Many regulations are appreciated by business because they squeeze out the unscrupulous and make it easier to treat customers well and still stay in business. Generic chants about regulation are just sloppy reasoning that hide serious issues.

So when Trump and his cabinet officers tell you they’re going to weaken or eliminate regulations, does that mean everything is going right so we can trust what people are doing? Or does it mean a green light for those who are going to take advantage of non-enforcement to do us harm? Most people want to treat others well, but the few that don’t care will make life difficult for the rest of us. Sloppy language covers serious mistakes.

— This commentary was broadcast on WAMC Northeast Report, Feb. 6, 2018.


The Nunes Memo and Trump’s Disloyalty

February 6, 2018

I prepared something else to talk about today but find myself furious about the misuse of the Constitution to prevent getting at the truth. Trump, and his supporters, are attacking the Mueller investigation into ties between the Trump campaign and Russia. The Nunes memo, written by congressional Republicans, is part of that attack. It says that, though well after the investigation began, a former member of British intelligence who had ties to the Clinton campaign, transmitted information which was included in a request for a warrant from the Foreign Intelligence Surveillance Act court, the FISA court. Based on the Nunes memo, Trump and his supporters claim that the investigation is tainted.[i]

Members of the FISA court are all appointed by the Chief Justice of the U.S. Supreme Court. Since 2005, that’s been Chief Justice John Roberts, a Republican, Bush appointee. The Court found the papers sufficient and renewed the warrants.

But the Nunes memo and use of a source sympathetic to Clinton, are being used as part of a campaign to thwart the investigation and dump those who run it. No Democratic hands allowed. Most Republican commentary about the memo claim it proves that the FBI, and the Russia investigations conducted by the special counsel, are tainted by bias against Trump.

First, it is unacceptable for Trump or his supporters to insist that the FBI must decide whether to investigate based on whether the informants are Republicans or Democrats, supporters or critics of Mr. Trump, and forego finding out whether the information is or can be corroborated. Playing politics with policing that way violates the Constitution.

That’s the way police function in dictatorships. Are you for me or against me? If you’re against me, your knowledge and opinions don’t count and can’t be trusted. We alone count and we’re pure. The very idea of a loyal opposition is crucial to the survival of democracy. But it’s anathema to Trump Republicans.

So Trump’s release and use of Nunes’ memo is the best and most important reason to consider impeaching him. He lacks loyalty to democracy; instead, his power trumps all else. This man is the greatest danger to the values on which our country was founded. The fact that he was apparently born in the U.S., as he claims, only makes his disloyalty worse.

Second, a large part of the information gathered by any police organization comes from people who are in some way connected or involved. To exclude information by such informants would cripple policing. To rely only on information from one side of a dispute or the other threatens justice, as does refusing to investigate. Motives deserve consideration and were disclosed to the FISA Court, but the ultimate question is whether the information can be corroborated and is correct. To follow the Nunes approach would undermine the ability of American police to enforce the law, impartially, so that no one is above the law.

The FBI historically was a conservative organization. A succession of presidents insisted that it rise above politics and investigate crimes without regard to politics. Trump is the first president to insist that the FBI should begin with a political test – a political test for employees and a political test for informants. This president has no respect for constitutional norms. These too are grounds which deserve to be considered for impeachment.

— This commentary was broadcast on WAMC Northeast Report, Feb. 6, 2018.

[i] The Democratic response has not been released by the House Intelligence Committee but a Democratic statement of objections can be found here.


Democracy and Public Investment

January 30, 2018

What democracy can do is obscured by today’s free market, anti-regulatory, anti-government rhetoric. That rhetoric creates real winners and losers, but taking it at its word, it’s based on an everyone-for-him-or-herself form of individualism. It asserts that our successes and failures are almost solely the result of our personal abilities and denies that what we accomplish always rests in part on what society gives us.

That flatly contradicts reality. This country blossomed because we worked together, with a spirit of cooperation. Cooperation that made associations, large businesses and elective government possible.

Everyone-for-him-or-herself-alone ideologues shouldn’t blind us to the public role in development. America’s Founders knew they needed government. As aptly described in the show Hamilton, Alexander Hamilton, Robert Morris and their colleagues understood the importance of a banking system and had government create it. Across the thirteen original states, Founders used government to open transportation to the west. Washington himself was deeply involved in efforts by Virginia and Maryland. When New York, which had a sea level path to the interior, finally built the Erie Canal, it set the path for industrialization and settlement for a century and a half, and made the North into the powerhouse that won the Civil War.

Today we’ve lost a shared sense of the public investments necessary to continued development, and the foundations of American success are falling apart. Bridges take unsuspecting occupants into the rivers and ravines below. Water systems deliver lead, mercury, and an armory of toxins. Sewage systems poison rivers, people and the living things that depend on them. Trains crash for lack of decent equipment. The electronic grid barely carries ordinary loads. The next solar storm can take the electrical and internet grids down, bringing the country to a lengthy stand-still. American colleges and universities have been the envy of the world but stripping their resources will ensure their replacement abroad and with them the R&D that has been central to American leadership. We are the wealthiest of countries but too cheap to fund our infrastructure, terrified that taking care of America would actually put people to work, or that public spirit in building and rebuilding America will help someone else’s business.

The best stimuli for business are investments in the capacity of the public, infrastructure for getting things done, and rules that create a common floor of good behavior. The idea that everything depends on lowering taxes is pure garbage from people who want their winnings the easy way – by taking them away from the people.

Trump promised to put infrastructure in his budget. It’s hard to know whether he’ll keep that promise, whether enough Republicans will follow him, or whether it would include anything more than a wall on the border or brick and mortar repairs. Public investment could make infrastructure better and more resilient, as so dearly needed in Puerto Rico and on the coasts. Public investment could go well beyond controversial minimum wage laws by offering decent, useful, jobs at livable wages. Public programs could improve the private market by creating a model to compete with, like the public health care option that Obama tried to get.

Madison, Hamilton and their contemporaries had a much more patriotic and mature understanding of what American progress depended on – the people, the whole people, not just a few plunderers appropriating for themselves what should be our birthright.

— This commentary was broadcast on WAMC Northeast Report, Jan. 30, 2018.


Threats to Democracy – the Dictator’s Financial Game

January 23, 2018

Many of us have written about the threat to American democracy. Actually that list is extensive and goes back a number of years. When I wrote my own book about the Roberts Court, I drew on that literature and applied it to the behavior of the Supreme Court. My hope was that if enough of us wrote about the problem, it would begin to sink in that something has to be done.

Instead we have Trump and the Republican Party trying to shift as much wealth as possible from the majority of Americans to a small fraction of the wealthiest 1 percent – precisely one of the most powerful causes of the breakdown of democracy. And Trump has been attacking the bulwarks of democracy – a free press, independent judges and prosecutors, an independent FBI and Justice Department, nonpartisan election machinery, and protection against domestic and foreign interference in elections. He does all this in the service of the effort to shift more and more money from the masses to the wealthiest, reflected in massive shifts of money to those who already have most of it and talk of attacking entitlements, Social Security, Medicare and other programs which compensate ever so little for the government’s favoritism toward the rich.

Bruce Bueno de Mesquita describes it in The Dictator’s Handbook but so does the story of Robin Hood and the Sheriff of Nottingham. The more the dictator takes from the masses the less power they have and the easiest it is to control them. The more the dictator gives to the wealthiest, the more they depend on and support him. In other words, turning democracy into dictatorship is a process of robbing from the poor to pay the rich, weakening the masses and securing the loyalty of the wealthy.

Many scholars have mapped the process as one in which the wealthiest increasingly circle the wagons against the masses, gain control over the election machinery, and corrupt the entire system that used to be democratic. The more wealth becomes concentrated, the more impossible it is to allow anything approaching free and fair elections. The process builds on itself in a corrupt and corrosive way. The economically ordinary people whom Trump and his wealthy supporters have convinced that they should depend on him are the people who will be used, dumped and double-crossed. And their erstwhile support for the fraudulent leader will suppress the rest of us.

The last time the disparity got this bad it led straight into the Great Depression of the 1930s. They are not independent facts. By stripping wealth from the masses, the elites stripped out the consumer economy on which they depended. The situation was sufficiently drastic that many were urging Franklin Roosevelt to assume dictatorial powers, and indeed dictators like Huey Long in Louisiana were poised to make a run for the presidency, while racists commanded the airwaves. We were lucky. Roosevelt was a wealthy patrician who was committed nevertheless to democracy. He saw the threat and worked hard to avert it. The Supreme Court fought him then as it has been fighting to deepen the crisis now.

We were lucky. Scholars have shown that the behavior of elites in crises like this is crucial. We need people in Washington for whom the survival of democracy in America is more important than partisan politics or dreams of turning America into a wasteland of serfs propping up the great ones. That this country had Washington, Lincoln and Roosevelt at crucial times is amazing. May our luck survive Trump.

— This commentary was broadcast on WAMC Northeast Report, January 23, 2018.

 

 


Making America puny again, Trump is squandering our strengths and exposing our weakness

January 17, 2018

America’s share of world trade has declined from 40% to 15%. It’s population is a third of India’s and a smaller share of China’s. This is not a world in which idle bluster will force the world to heel. We clearly need to play cooperatively. But Trump is squandering our strengths and exposing our weakness. McCoy makes the stakes painfully clear. It is not pleasant reading but it is an important dose of reality. These are very important reasons to control or impeach Trump.

Trump as the Termite-in-Chief boring away at Global American Influence

By Alfred W. McCoy | (Tomdispatch.com) | – – As 2017 ended with billionaires toasting their tax cuts and energy executives cheering their unfettered access to federal lands as well as coastal…

https://www.juancole.com/2018/01/termite-american-influence.html


Threats to Democracy – The Shadow Knows How to Divide and Conquer

January 16, 2018

Right after Trump won, a cousin offered to send me some anti-Hillary literature that she thought I’d find convincing. I responded that if Hillary had won, she and I would be safe. But Trump’s victory emboldened those who would be perfectly happy exercising what Trump euphemistically called their Second Amendment rights, getting rid of people who don’t fit their racial and religious criteria. They were already on the streets. That left neither of us safe.

Nor is the problem just what some of his supporters believe and do. His campaign and rhetoric were about who should not be here. He continually appeals to his most extreme supporters, people who barely conceal their admiration for Hitler.

Many of us have been talking about how polarized our politics have become. Polarized politics is dangerous because it is a predicate for autocracy. If people become convinced that they can’t live with the other side’s victory, that life is too dangerous, democracy becomes unsustainable. When a live and let live attitude is gone, democracy can’t be trusted.

Trump can’t be trusted. Trump stands for exactly the kind of politics that makes democracy feel more dangerous than valuable. During the campaign, he told his supporters to express their “second Amendment rights” at the polls, sending chills down the spines of loyal Americans. When neo-Fascists showed up to demonstrate in Charlottesville fully armed to sow fear and intimidation, and one of their sympathizers murdered a peaceful and unarmed woman in the crowd, Trump blamed their opponents for the carnage. To Trump and his white supremacist supporters, evil is racial – Hispanic, immigrant, Puerto Rican, or Muslim, Blacks, Jews, minorities and women. When he tried to export his racist friends to the Brits, they told him to stay out of Britain. Bless the Brits. They get what this country used to stand for – we are [quote] “one nation … indivisible, with liberty and justice for all.” Liberty and democracy are “indivisible”; they are and must be for ALL.

A descent into racism, Nazi or otherwise, would not make America great again. It would destroy our country. One of the things I found fascinating in the papers of the UN Commission on Human Rights which produced the UN Declaration of Human Rights, was that human rights was not an American idea foisted on the world. Hatred of the Nazis came from across the globe, all continents, all its peoples. What they saw, regardless of economic or political system or religious or ethnic heritage was that the Nazis were a threat to everyone. All countries worked with the single-minded goal that there should be no more Hitlers, no more Nazi control of any country. The world had defeated the Nazis and they weren’t about to have to do it again.

Trump doesn’t get or care that democracy depends on our agreement that all Americans are legitimate Americans, all Americans need to be respected and cared about, and all Americans need to feel safe here, or he is wielding the demonization of some of us precisely to end self-government.

When I was a kid, there was a radio program that some of you will remember. It’s tag line, voiced by actor Frank Readick Jr., was “what evil lurks in the hearts of men, the Shadow knows.” I make no claim to knowing what evil does or doesn’t lurk in the heart of Trump. But threatening America from the inside, he is the biggest threat to the survival of America since our Civil War.

— This commentary was broadcast on WAMC Northeast Report, January 16, 2018.

 

 


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