Sloppy Thinking About Gun Control

November 14, 2017

After the car ran down people in lower Manhattan, I read an article about making streets safer for pedestrians and bicyclists. I’m not sure if I agree or disagree with the author’s suggestions but I want to make a point about arguments for and against. One could say that people with bad intentions will just find other ways to kill lots of people. True or false? Actually it’s completely misleading. How many people with bad intentions will find other ways and how many won’t? How many people will do as much damage to as many people and how many won’t? The statement that some will doesn’t tell you. And the claim that all will is pure nonsense.

In the early 70s, I was a manager of the New York City legal services program, then known as Community Action for Legal Services or CALS. We had twenty-two offices around the city. All of them were in the poorest and most crime-ridden areas of the city. And in those pre-computer days, many of them had IBM Selectric typewriters which made our staff much more efficient but were expensive. Some thieves craved them. In our East New York office there had been a series of burglaries. After each we hardened the office against further break-ins. But those thieves were determined. Unable to get through the doors, they blew a hole through the wall and took the typewriters.

Obviously some thieves will use explosives. Should we have concluded that we might as well remove the locks on the doors of our twenty-one other offices? Plainly no. Nor would I recommend that you remove the locks from the doors of your homes. Nor would I recommend that you take all the shades and drapes down became peeping toms will find a way around them. Thinking about problems without examining how many, and what proportion of people will do how much damage is just sloppy thinking.

The NRA tells us that bad people will get guns. That statement is neither right nor wrong. If they mean some bad people will get guns no matter what we do, that is clearly true. But if they mean that whatever measures we take will not reduce the number of bad people who can get powerful weapons, that is clearly false. And they can’t tell us anything realistic about the proportions because they convinced Congress to block research into the effect of possible regulation of weapons. So they make sloppy statements hoping you’ll be taken in.

The Founders of our country were not so sloppy and they did lots to regulate guns – the most significant of which was to prohibit people from keeping ammunition in their homes. Ammunition exploded and caused fires so it had to be kept in public armories. Regulation mattered and they knew it.

So when people try to tell you what regulation will or won’t do, don’t let them pull the wool over your eyes with sloppy nonsense. Some regulations work better than others. That’s a valuable subject of research and study, not an occasion for sloppy all-or-nothing claims.

— This commentary was broadcast on WAMC Northeast Report, Nov. 14, 2017.

 

 

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Against a New Constitutional Convention for New York State

October 31, 2017

In a week, we will be voting to decide whether to call a constitutional convention for the State of New York. The powers of the Convention would be wide open. Before going further, it is important to look at the provisions for calling the Convention:

in case a majority of the electors voting thereon shall decide in favor of a convention … the electors of every senate district of the state … shall elect three delegates at the next … general election, and the electors of the state voting at the same election shall elect fifteen delegates-at-large.

Let me repeat one crucial phrase, “the electors of every senate district of the state.” The New York Senate as we all know has been gerrymandered for many years to maximize Republican control of the Senate. Although the increasingly blue hue of our state politics has forced them into coalition with the so-called Independent Democrats, the NY Senate remains much more conservative than the Assembly, and not fairly representative of the people of the State. Everyone should be represented. Everyone’s ideas count. But everyone should be represented fairly and their ideas should be considered by a body that represents us fairly. Since the Convention would be shaped only by senatorial districts plus a few delegates chosen at large, I would not be willing to trust our future as a state to such a body.

You may have repeatedly heard me talk about gerrymandering. Many of us who have been fighting gerrymandering for years have continued to fight it regardless of who is the temporary beneficiary. Republicans should not have to accept a convention gerrymandered toward Democrats any more than Democrats should have to accept a convention gerrymandered toward Republicans, as it is now. Frankly, that alone determines my vote. End gerrymandering first and than we can talk about constitutional change.

The current New York State Constitution was adopted in 1938. In other words it was adoped near the end of the Great Depression. As such it had important provisions with the great mass of us in mind, not just the one-tenth of one percent who often think everything should favor them. That too makes it important to protect this Constitution. Of course it is not perfect. And when we get rid of gerrymandering, we may be able to fix it. But now losing this Constitution would be too dangerous.

Moreover, much that is wrong with this Constitution has nothing to do with its language and everything to do with the interpretation of the Courts. Just as I would not jettison the U.S. Constitution because of Scalia’s misreadings, so I would not jettison the 1938 New York Constitution because the courts screwed it up.

To the extent that some people believe some provisions could be improved, it would be sufficient to propose those specific improvements to the people of this state without using them as a Trojan Horse to threaten the entire document.

If any more reasons are needed, there is no reason to believe the delegates will be a step up from the legislature which already has the power to propose amendments. And I would be much more comfortable if the powers of any convention elected to revise the Constitution were limited to matters carefully defined in advance so that we could know how large a threat they pose.

I believe the people of this state would be wiser, safer and better off voting no.

— This commentary was broadcast on WAMC Northeast Report, October 31, 2017.


Dealing with Hate

October 24, 2017

Dealing with Hate

Steve Gottlieb

 

Group epithets darken our world. It is particularly dangerous because the president encourages it. Trying to revive the language and practice of hate is shameful regardless of whom it comes from. How can we deal with it?

 

Somehow I grew up curious and sought out people who seemed different. I deliberately left New York City for college and law school to mix with people from other places. Students here come from distant parts of the country for the same reason. We discover our new companions have no horns and deal decently with us, although there are always exceptions.

 

I’ve never found a gender-neutral term for it but brotherhood makes sense. And it’s a survival strategy. Martin Niemöller, a Protestant pastor and outspoken public foe of Adolf Hitler, spent seven years in Nazi concentration camps. He wrote:

First they came for the Socialists, and I did not speak out—Because I was not a Socialist.

Then they came for the Trade Unionists, and I did not speak out—Because I was not a Trade Unionist.

Then they came for the Jews, and I did not speak out—Because I was not a Jew.

Then they came for me—and there was no one left to speak for me.

His words urge us to stick together as a survival tactic – we can be selfish and altruistic at the same time and should be because brotherhood is valuable to us all.

Most of us learned not to generalize – branding people en masse makes little sense and lots of damage. Our language is full of ethnic slurs like welching on deals, Indian-givers, patty-wagons, not to mention all the ethnic slurs which most of us now regard as unmentionable but to which all our ancestors were subject. In other words, it’s too easy to break down into mutual distrust.

I’ve broken bread, worked and played with people around this country and across the globe, as an attorney, a Peace Corps Volunteer, tourist and student. It’s an education. Decent, caring people come in all colors, speak all languages, and worship in all kinds of places. That was as true in Iran as it was at college – I was a religious minority in both places but gained by both experiences as I learned to understand the needs, fears, desires and beliefs of others.

Unfortunately it’s too easy to fear what one hasn’t explored. We usually notice what goes wrong first, while what goes right seems too ordinary to notice. But that leaves lots of dangerous misimpressions. I grew up in an era when violence spewed out of white ghettos, from gangs in Black jackets but white skin. Should I fear every white American or every cleric because some went wrong? I’ve known a large number of wonderful African-Americans as well as people of other faiths and nationalities – some as clients, friends, colleagues and I’ve worked for several. The goodness of different peoples obviously doesn’t prove that none ever make mistakes but equally the mistakes of some don’t imply the absence of other wonderful people.

More significant than arguments, we need to condemn, resist and speak out. Hatred reveals the hater’s weakness. Our joint condemnations reveal how hatred destroys those who do the hating, costs them respect and other social and economic rewards. We must stand together.

— This commentary was broadcast on WAMC Northeast Report, October 24, 2017.


Guns and Vegas

October 10, 2017

Why, after Vegas, Sandy Hook and other mass killings of decent men, women and children, is it so hard to get real gun control?

The NRA was  an association of hunters and sportsman, reasonable and trustworthy neighbors. Now the NRA, its leaders and vocal supporters argue Americans should have the right to buy any kind of firearm from tanks and machine guns to silencers. Where did that come from?

A good bet might be manufacturers. Despite the praise Republicans like to lavish on the free market, too many businesses look at profits before safety, honor or humanity. That can make life miserable without

But part of their audience is quite radical, some of which goes back to the Civil War. President Andrew Johnson sent General Carl Schurz to report on conditions in the South following the War. Schurz reported that southern slave-owners continued riding patrol to force the former slaves back to their plantations. Those informal groups gradually coalesced into organizations that fought, killed and intimidated African-Americans and their white supporters in order to regain white control of the former Confederate States. In such notorious events as the Colfax Massacre, many were killed in order to return Colfax County to white slaveowner control. Those groups eventually became the KKK and similar organizations which terrorized African-Americans in the former Confederacy and border states for a century. The Klan never really disappeared despite passage of the Civil Rights Laws. The connection between the battle to keep the South white, the flag of the Confederacy and the sight of guns is no accident. Trump’s campaign and victory re-invigorated these white supremacists, and the Alt-Wrong.

They want tanks, machine guns and other massively destructive weapons to prevent tyranny, by which they mean federal tyranny, so they need the capacity to fight the federal government.[1] One problem of course is that’s another civil war. Another is that their definition of tyranny isn’t one most of us would accept. Many believe that tyranny is here.

That radical segment of gun-owners are not patriots. They are not supporters of government of, by and for the people that we created in 1787 and improved by Amendment after the Civil War. Their ideal is government by white supremacists to the exclusion of everyone else. And that’s aimed at most of us – those of us whose views are more welcoming, and those who don’t satisfy the supremacists’ view of Christianity. They’re also aimed at resolving political disputes by taking the law into their own hands.[2] Politically, if we don’t protect each other, who will protect those of us who remain? This political and cultural crisis is existential. The America most of us admire and care about is an America they despise and want to conquer. That’s what tanks and machine guns are for.

The radicals’ resistance to sharing America with the rest of us leads to armed rebellions, like those of Cliven Bundy and his supporters, or self-styled “sovereign citizens” who routinely refuse to respect the law. There is nothing peace-loving or law-abiding about the radicals.

The mood of the country has been changing, witness the removal of many Confederate flags and monuments. But that stimulates the haters. They’re losing control and they hate that, and us. Reasonable and trustworthy gun owners would do better to distance themselves from the radicals who have taken a prominent and threatening role in the debate over weapons.

— This commentary was broadcast on WAMC Northeast Report, October 10, 2017.

[1] One NRA member from Texas told an NPR reporter, “As far as I’m concerned, if you can afford to buy a tank, you should be able to buy a tank.” He explained: “the Second Amendment was put in not to hunt, not to go plink at cans, not to shoot at targets. If and when tyranny tries to take over our country, we can fight it.” A recent NRA President, Jim Porter wanted people to be “ready to fight tyranny.” When he was NRA vice-president, Porter told an audience that “We got the pads put on, we got our helmets strapped on, we’re cinched up, we’re ready to fight, we’re out there fighting every day.”

[2] NPR’s Wade Goodwyn reported that speakers at a recent NRA convention “emphasized their belief that there are two Americas: the righteousness of the right and the decadence of the left.” In other words, one of the strands of fanaticism behind the NRA is political – not just that gun rights are political, but that the purpose of having gun rights is political, to change the society from one they dislike to one they like.


The Value of Democracy

September 12, 2017

Driven by the Tea Party, Republicans gave us a Congress that hasn’t been able to get much done. Saying less government is better, they take credit for getting nothing done, and leave immigration, tax policy, and health care to fester. It took the Democrats to make a deal with Trump to open the spigot even on hurricane relief.

Republican scorched earth policy is scariest for the lesson we take from it. For some of us the lesson is partisan – the other party must be defeated, fast. But for some Americans the lesson is that democracy doesn’t work, isn’t worth standing up for, honoring and protecting.

Many Americans have seen nothing but gridlock. Unlike the ways the parties worked from the 30s through the 80s, we’ve been dominated by gridlock since the mid-90s, especially when Republicans controlled Congress and Democrats were in the White House. Newt Gingrich and then the Tea Party made gridlock both their goal and tactic – if government can’t get anything done, then there is less government, never mind all the things for which we depend on government.

Republicans literally shut the government down under Clinton, only to discover that the American people didn’t like it because, from fixing potholes to carrying the mail, from sending out Social Security checks to keeping the skies safe to fly, government does lots of things we depend on.

By the mathematical logic of a majority of a majority, a minority in Congress could rule the Republican caucus and that caucus could stop everything so long as they agreed to stick together. So that minority of Congress gives us gridlock. We often talk about minority rights. But we are experiencing something else, not democracy, but it’s opposite, rule by minorities.

Elsewhere, dissatisfaction with democracy paves the way for dictatorship, in places like Syria, Iraq, and much of the Middle East and Eastern Europe. What replaces democracy is not some kinder, gentler, godly leader but kleptocracy, the rule of thieves, taking as much as possible from everyone to fatten their own pockets. Want to start a business, give the tyrant a cut. Want to export or import, the tyrant gets a cut. Courts aren’t in the business of dispensing justice; they’re in the business of looking at who is higher in the hierarchy. That’s why the flow of refugees isn’t from democracy to tyranny, but from dictatorships to freedom and democracy.

Democracy has a key secret. We can argue about who was wrong about Vietnam, Iraq, Obamacare, whatever – the people make painful mistakes – but a democratic people have the ability to vote the bastards out. Generally that gets the people better results than passing the reigns to dictators who can twist everything for their own benefit while sneezing at the people’s misfortune.

Democracy is not to be sneezed at. It is the singular American contribution to this world and we must protect it from foreign powers and political bosses who would control the people by gerrymandering, manipulating the census, keeping people from the polls or not counting their votes, We must protect it from fraud, from lying to the public, and from autocrats who claim they can fix everything if we’d just let them do whatever they want, autocrats who would have us end up like Venezuela under Maduro, Turkey under Erdogan, or like Hungary, Syria or Iraq and from so-called leaders who claim the rules don’t apply to them. We must protect it for ourselves.

— This commentary was broadcast on WAMC Northeast Report, September 12, 2017.

 


Taking care of each other

September 5, 2017

Americans have been celebrating the reaction to Hurricane Harvey as an example of Americans taking care of each other. There is much to celebrate. But we have also wrestled for centuries with the problem of taking care of each other – the out of work, the working poor and others struggling to stay afloat.

An economic reversal in the lives of many of us is just temporary. But it does permanent damage when it unravels peoples’ lives, leaves them with debts that spiral out of control so that they cannot hope to pay, or leaves them homeless, in broken families, or housed in barred cells. When people have little, events that would be a minor inconvenience for most of us can drop them over the cliff, unable to climb back. As the Founders recognized, all of us can expect some of our offspring to be poor. So what are the options?

Welfare has been cut back but some pieces of a social safety net remain, mostly funded by the federal government. One reason they are funded nationally is because some local governments don’t want to do anything about the problems of poverty. Another reason is that the problems fall unevenly on local governments. The process of creating suburbs and new communities is a process of seceding from the places where people have problems and therefore avoiding any responsibility under our laws about local government. By shifting the obligations upward to the feds we all share those problems at least to some degree.

We could provide jobs. Instead of just giving things and money out, we could take advantage of the time, labor and skills of people who are otherwise out of work, to get some useful things done. But the city can’t save the money that goes into the social safety net because that money isn’t city money. Albany’s Mayor Sheehan pointed that out at a house party before she was first elected. Fair point. But turning welfare money over to localities would invite them to divert the cash. Some form of cooperative federalism might be better for everyone.

Public services for everyone are also an option. We have created many sorts of services that all of us have rights to. Clean water fit to drink is a lot cheaper for everyone than buying it in bottles – provided that government isn’t asleep at the switch and doesn’t let the water supply fill with lead and other poisons. Sewage systems make everyone better off than a crazy quilt of individual efforts to deal with garbage, their own and their neighbors. And it saves a lot of money both because of economies of scale and because sewage can breed disease for all of us. Roads, bridges, sidewalks, other transportation amenities, libraries, postal services and regulated public utilities like phone and electrical service make life better for everyone. And all of them make life cheaper which is especially important for the impoverished.

In other words, making some things available for all of is good for us all and are also ways of helping the least among us. That used to be true of the health care system until we privatized it, demolished the many county, municipal and not-for-profit hospitals, only to try to restore some of the benefits of a public health system with Obamacare.

Republicans call measures like that socialism. I just call it smart, efficient and decent – Americans taking care of each other.

— This commentary was broadcast on WAMC Northeast Report, September 5, 2017.


Blame the Supreme Court for America’s sharp political divide

August 24, 2017

August 24, 2017

In the 19th century the Supreme Court set the stage for a century of murder, intimidation and voter suppression in the southern states by nearly obliterating the application of constitutional rights to state behavior, In the 20th century, the Court’s nationalization of constitutional rights long met liberal dreams. The Court now seems poised to use the national application of constitutional rights language to satisfy conservative dreams. Both ways close the states’ rights escape valve and therefore magnify the contentiousness of national politics. And all of those choices have enormous moral costs. I elaborate on TheHill.com, at Blame the Supreme Court for America’s sharp political divide.

Happy reading, Steve


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