My views of the legal contribution to American polarization and what can be done about it have now come out as
Last week I commented that scholars of intolerance tell us that feeling threatened often leads to hate. That’s one reason the economic threat to some American workers matters to all of us.
Trump is clearly working with the free marketeers. The free market is not about your, or workers’ rights; it’s about your boss’s or your company’s right to close your plant, move, lower your wages, reject your union, or just skip protecting your safety.
Trump makes different noises when talking about your jobs and when writing rules and hiring his cabinet. But his Republican Senate will insist on a free market, and Trump is counting on it.
Trump told us he wants to eliminate 75% of regulations. Those regulations protect employees and consumers; in other words, you and me. They protect our wages, require safer working conditions, ban poisons from our food and water and require companies to give us what we paid for. That’s how Trump shows us his true colors.
Obama saved thousands of jobs by saving American auto makers and growing the economy by hundreds of thousands of jobs per month – but gets no credit. Trump may have saved a few hundred but people think he takes action. With victories like that we can all starve.
Trump’s focus on the optics of small victories keeps us looking the wrong way. U.S. factory output is growing. But the jobs have changed. Missing are factory jobs for poorly educated people. I don’t say that out of disrespect. My Uncle Hershel, a truly lovely man, was a factory worker. I remember him sitting by my bed when I was ill. What I’m talking about is how to get good jobs for people like him. If we expect jobs to show up the same way they did a century ago, we’re whistling in the wind. If we think Trump can trump marketplace change by jawboning a few companies, we’re spitting in the wind. He doesn’t have the time or tax cuts to do it that way.
Central New York was once a manufacturing powerhouse. What’s left are mostly small towns far from traditional jobs. Yet one can now work thousands of miles from where things have to be made or done. We could be linked in to the world IF we invested in and rebuilt the economy, instead of jawboning the owners of obsolete factories.
And education must be available and affordable for everyone who wants a good job. Education sounds like elitism to many workers. But what made America an economic powerhouse was our system of mass education. And that’s part of why those who think we can go back to a prior era of American greatness are spitting in the wind – the rest of the world has caught up. To provide jobs, we need to provide retraining for mid-career workers on top of excellent schools, pre-school and after-school programs – all of which provide jobs.
Yes education will have to change. I’m a dinosaur, standing up in front of a class of students, even though the alternatives, so far, are not working very well. But when people figure out better methods, education will take off again – here or elsewhere. That’s where we need evidence-based experimentation – science. We rely on science from morning till night for the things we touch and use. Denying science is the height of idiocy, not a mark of greatness.
Trump yells about foreigners and markets. It’s our job to address reality.
— This commentary was broadcast on WAMC Northeast Report, March 14, 2017.
Over a century ago, populism was sweeping the country, with white and African-American workers standing together, until a scared Southern aristocracy started race-baiting. Whites took the bait, breaking the back of Southern populism. The rest of the country surged forward because their governments cared about the people, the regular people, not just the fancy financiers. But not in the South, which languished.
That race-baiting aristocracy also killed political competition, leading to the one-party South. No democracy, no concern for the people, no progress. Because race-baiting broke the back of Populism.
Trump uses rhetoric to divide the people hoping he and his cronies can conquer while the rest of us fight each other. Trump attacks everyone – immigrants, African-, Hispanic-, and Muslim-Americans, women, hard-working, warm-hearted, caring Americans of every background.
Democracy is in danger when people can’t accept the legitimacy of disagreement, drown out and threaten opponents, and don’t respect the right to vote of other people because of where they live or where their parents came from. Losing respect for others threatens democracy. Most of us believe that everyone has a right to their opinion. Democracy is in trouble when some try to shut down that right.
Democracy is threatened by campaign crowds yelling “Lock her up” and “Hang her in the streets.” Promising to appoint a special prosecutor to go after Hillary, Donald feeds their hostility to democracy. Like Italy’s Berlusconi, Donald tries to cover revelations about his behavior by throwing hate to angry crowds. Hillary responds “That happens in dictatorships, not democracies.” She’s nailed it; Trump does not want to lead a democratic country; he’s trying to sabotage it.
Trump’s racism and nativism has broken the back of the movement for economic justice. His invitation to settling the election by beating people up and using their Second Amendment rights encourages force, intimidation and even guns, to take Hillary out. Telling his supporters to prevent the polls being rigged codes Trump’s message to control the election by threats and intimidation.
Democracy is in serious trouble when police and military institutions take sides. Individuals in the uniformed services have every right to their political views. But we’ve had a tradition of keeping the military out of politics. We should be able to rely on them to protect every voter’s rights regardless of politics. The military and police need to be above politics or democracy is at risk.
Trump is trying to forge a coalition to muscle democracy out of the way.
If the self-proclaimed rich guy wins, he knows how to enrich himself and his cronies. But he pulls his supporters along with constantly repeated half-truths, lies and fabrications until they seem true because he says them so often – stringing them together like a rant overwhelming any attempt to answer because there’s too much to deal with.
Economic desperation leaves many open to his lies. But they cannot put a populist program together on the back of a divided America. They cannot get government to work on behalf of all the people, not just the super rich, by dividing over skin color, national origin and gender.
The Constitution, the Declaration, the Founders’ legacy, are in trouble when despondent and demoralized people lose faith in self-government. When democracy is in trouble, everyone is in trouble because dictators don’t take care of their people – they take care of themselves.
These same patterns have brought democracy down in many parts of the globe. But for Mr. Trump, we’re all losers and our democracy is a loser too. For Trump, only Trump counts.
— This commentary was broadcast on WAMC Northeast Report, October 25, 2016.
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.
This is Ramadan, the Muslim holy month of fasting. We were invited to Albany’s City Hall for an Iftar, the evening feast after the sun-up to sun-down fast. Meetings aren’t polls and people put their best feet forward at public events. But I also know these folks. We greeted friends: a physicist, President of a Mosque on Central Avenue; an engineer who escaped repression in Iran, and ran a radio program to celebrate and protect American freedoms. We greeted a doctor whose daughter was my student and valedictorian at Albany Law, now working for the NY Attorney General. There were scientists, programmers, medical professionals, Sunni and Shi’a, Muslim, Protestant and Catholic clerics and public officials.
One woman described her six year old daughter lying awake at night, terrified, crying and asking where they’ll go if they are kicked out of this country – mother and daughter were born in the U.S., raised in this area, and have no other homeland. Her mother spoke with the girl’s first grade teacher, and the two women shared their tears – this wasn’t schoolyard bullying; the girl had been terrified by what she was hearing over the air.
Speaker after speaker rose to describe how lucky they were to reach America, how grateful they felt for the welcome they received and the chance to rebuild their lives. They celebrated America’s protection for people of all faiths, from all parts of the world, and their own determination to protect that freedom for everyone. Muslim clerics speaking to fellow Muslims, rejoiced in what America offered and encouraged them to do what they could to protect those values for all. Others spoke about the need to remember the blessings of America in times which are quite worrisome for Muslim men, women and children, and to do their best to protect America and its liberties.
Some had made the greatest sacrifice. The Muslim woman I described a moment ago explained that an older brother, also Muslim, had enlisted in the U.S. Army right after 9/11 to defend this country – serving our country which was also his, her brother was killed in action in Afghanistan. To her and to all of us he was one of the heroes of this conflict. Stereotypes must not obscure the contributions of real and good people. It was important to her, and should be important to us, to recognize the sacrifice that her brother and other Muslims have made to protect American freedoms.
Sitting there I realized I was watching the way the best of American values are renewed, revived and passed on as they have been for centuries. Sometimes we Americans show surprisingly little confidence in the strength of our ideals to flower in the hearts of immigrants. That, after all, is why they came.
Mayor Sheehan delivered a warm welcome and later pointed out to some of us that Muslims had been part of Albany since the city’s Dutch beginnings. In fact many of America’s founders made it clear that Muslims, along with Jews, deists, Protestants and Catholics were all included in the Constitution’s protections, and some took steps to make sure that Muslims and immigrants from all continents would feel welcome to come to America.
Every community has bad apples. But the bad apples in non-Muslim communities have been responsible for the vast majority of murder, arson and domestic terrorism in America. Stereotyping hasn’t protected us. Reaching out and welcoming these new Americans is much healthier.
Like many of us, immigrants and their children try to preserve the good parts of their heritage. But they came from war zones. Many risked their lives to escape. They have the strongest reasons to love and celebrate America, because they know what was in store for them or their parents in the lands of their ancestors. They’re trying hard to be helpful and constructive. It’s important that the rest of us recognize that.
— This commentary was broadcast on WAMC Northeast Report, June 28, 2016.