What’s to blame for our divided nation? The cause can also be the cure

My views of the legal contribution to American polarization and what can be done about it have now come out as

“What’s to blame for our divided nation? The cause can also be the cure” [click here] on TheHill.com. Enjoy.

Democratic Decay

I wish it weren’t so, but the anti-democratic elements in this US election, and the Trump campaign, are making the dangers identified in my book seem like a near-term prediction – the well-justified revolt of the economically forgotten leading them to trust a bankrupt businessman and TV star who recycles empty promises, stereotypes and prejudices to gain their votes, the courting of the gun-toters coupled with thinly veiled threats and violence, the racist and male-chauvinist language, religious bigotry and xenophobia proposals, a candidate clearly out of control by the party he nominally represents, a demagogue repeating empty slogans until they start to seem believable, are all dangerous. Worse it seems to be a world-wide trend, Tom Gerald Daly, Time to View Democratic Decay as a Unified Research Field?, Int’l J. Const. L. Blog, Sept. 30, 2016, at: http://www.iconnectblog.com/2016/09/time-to-view-democratic-decay-as-a-unified-research-field. This clearly needs to stop.

Grateful on the Fourth of July

As we celebrated the Fourth of July I found myself thinking back to a trip my wife and I made to visit friends on Long Island by way of the Ferry. We knew that there was a ceremony taking place at my alma mater, Yale Law School, for the swearing in of Judge Calabresi to take his seat on the federal Court of Appeals. Justice Souter was coming to perform the ceremony. And one of my classmates was already on the Court and would be there. So it would be a great party.

Judge Calabresi had been one of my teachers. His appointment to the Court was the occasion for his resigning as Dean of the Law School, a position he’d held for a decade. When it was his turn to speak, Judge Calabresi described how he and his family had left Italy in the early days of World War II when he was young. Calabresi is one of the most gifted and eloquent speakers I know and he described how America had been ready to give people like him – an immigrant and a Jew – an opportunity when they arrived. And he spoke about how he hoped to continue that tradition as a Judge, to be able to extend the benefits America had to offer to others, whether new to our shores or people we have been calling minorities.

My father and I were lucky to be born here but my mother and my grandparents were not. Looking around, the world could only impress me with the great good fortune of being born an American, in an age when America was prepared to extend opportunities to people like me as it did for Calabresi. Looking around now, we have visions of genocide on several continents. The sanctuary of America is such a special blessing. It is no wonder that so many want to come.

Like Calabresi, though not nearly as eloquent a spokesman, I grew up wanting to share and extend those blessings. I grew up understanding instinctively the blessing of what before the feminist revolution we used to call brotherhood – I keep looking for a good successor to the warmth and humanity of that term. The understanding that we are all God’s children, that none of us is an island, that the world we want for ourselves depends on extending the benefits of that world to others, is our heritage, our glory and our security.

But those glories have been hard won and have never been secure. In our own generations we have struggled to extend the benefits of America to African-Americans, Hispanic-Americans, Asian-Americans and immigrants from the various struggles of Eastern Europe and the Middle East. After the Supreme Court declared segregation inherently unequal and unconstitutional, cities all over the country, tore down the areas where minorities lived, destroyed their communities, declared them unworthy of investment, and the federal government financed white, but not black movement to the new suburbs, a move that took the jobs too, leaving in their wake poor, dysfunctional communities where once decent, striving, and thankful communities had once stood.

America has been good to me. I do not take it for granted. I want to recognize, encourage and support decent people of all colors and languages. Truly they add to the strength and the glory of this country, and brotherhood adds to the security of all of us.

— This commentary was broadcast on WAMC Northeast Report, July 7, 2015.

Sources of American Strength

Let’s talk about some basics – the sources of American economic power.

• We were always an immigrant society, peopled with those who had the drive and courage to leave where they were, cross the ocean and begin again with nothing.
• Initially we were agricultural. One innovation was small, “republican,” landownership by independent farmers. Their efficiency made everything else possible.
• We were among the leaders in the banking revolution which simplified and facilitated commerce.
• The transportation revolution began in England but it had an enormous impact on the American economy because of the sheer size of the country.
• Our system of democratic schooling  – education for all, rich and poor, boys and girls, immigrants and natives – was revolutionary and made us an international leader.
• England pioneered the scientific revolution. But America took advantage of the land grant colleges, and with the appreciation for learning that came with both the Christian and Jewish communities that relocated here, America became a major source of invention.
• Americans led the revolution in manufacturing – inventing and perfecting the assembly line.

Now what? Everything we achieved is out there.