The Future

January 17, 2017

What are the lessons of the election for the future of democracy?

First, leaving part of the population far behind is dangerous. Democracy properly gives everyone the right to vote, so everybody counts. When a segment of the population feels ignored, like those who lost their factory jobs, they sometimes revolt. But it’s easier to destroy what they don’t like than to shape a better future. Many, disliking Hillary and the gridlocked Congress, knocked her and Democrats out of their way, but are likely to regret the results unless the Republicans change and start working for the workingmen they’ve ignored.

For a century, Republicans have been fighting the unions of working people, and the legal protections for working people and consumers with increasing success. Can Republicans change and actually side with those same people. That’s the claim of Trump’s empty jawboning. But his methods will do the opposite.

  • He can’t bring coal back now that other forms of energy are cheaper.
  • He can’t bring steel back when other countries produce it for less.
  • There are opportunities in technology, science, education, research, infrastructure, the environment, and retraining but Republicans prefer to count pennies and dream about a world they can’t have back.

Progress requires investment. But Republicans only support tax relief for the wealthy with prayers they’ll do something useful, not complex and destructive financial maneuvers, mergers, buyouts and monopolization – all strategies for beggaring the rest of us.

I don’t expect Republicans to change their colors.

But political campaigns will change, effective immediately:

  • Candidates will repeat slogans like “crooked Hillary” or “wicked Donald” ad nauseum, expecting people to be more affected by repetition than evidence.
  • Accomplishing something will be downgraded to the level of an accidental coincidence because candidates will expect people to be more moved by rhetoric than reality.
  • Appeals to people’s guns and hatreds will no longer seem self-defeating; instead, appealing to people’s basest instincts and group hatreds will be mandatory.

Is there another way?

The economic polities of FDR, President Franklin Delano Roosevelt, stuck for more than half a century and kept this country depression-free until the recent W years.

Roosevelt understood that policies had to be good for everyone. He designed Social Security so that everyone got it, conveniently, through the post office; our checks came in the mail, although now it’s often direct deposit.

His economic policies got everyone back to work – Roosevelt didn’t shrink from hiring people with government dollars to get them working. He didn’t rely on a private market when it obviously wasn’t working. And he took our economy out of the Great Depression and put it on a powerful footing for an economic surge that lasted the rest of the century.

It’s not about jawboning. It’s about figuring out what will actually get people to work. That’s what America got out of the New Deal. What he didn’t do was turn the rest of us into the serfs and slaves of the wealthy. He didn’t celebrate the kind of jobs done only by those too desperate to refuse endless hours for peanuts, in what we used to call sweatshops and labor camps, no matter how dirty, diseased, dangerous, disgusting, illegal or improper.

Let me end by asking what we will also be doing to reign in global warming, protect Americans,  democracy, and the country we were blessed with?

— This commentary was broadcast on WAMC Northeast Report, January 17, 2017.


PC

December 31, 2016

I first heard the term political correctness when we were looking at colleges with our daughter. It was a term raised by other parents. I didn’t know what it referred to. Now it’s so common it’s just called PC. I just think of much of it as manners, and at the root of manners is kindness.

Kids tease each other mercilessly. Some of that becomes so concentrated on particular children we call it bullying. Words can, and do hurt.

I admit that sometimes the search for euphemisms seems useless, where the new term simply picks up the meaning of the old leading to a search for still newer ones. But there is a difference between terms that describe a problem and terms that invest that problem with an insult. It is a problem to be born deaf, blind, or retarded. But there are wonderful, decent, loving people with every one of those problems, and many who are very creative and effective.

And in virtually every case, other people can make that condition more or less severe or disabling. Race, religion, national origin, gender, of course, are only problems to the extent that others make them so. But why would we do that when we could reach out to the very folk that others belittle for such nonsensical reasons? Why when we could be helpful? Why when we can make our surroundings more pleasant rather than more hateful?

Isn’t that the message that all of our faiths teach us? Doesn’t gratuitous meanness simply make hypocrites of us all?

Is our culture so competitive that everything has to be turned into rankings, insults, failures, and, to use Trump’s favorite term, losers? I know that people justify that to encourage others to be strong. But what is strength? Is strength simply the ability to survive the taunts of others? Don’t we have enough challenges without taking each other down.

There is another possibility, that our own egos are so tender that we can only feel good by putting others down. That life is just a set of opportunities to insult everyone except our friends, and perhaps those people who would know that our taunts are insincere jokes.

It is interesting that President Obama cultivated just such a hard shell at his mother’s urging because of their experience in Indonesia. But Obama has never endeared himself to the taunters here. Clearly racial taunts and racial disdain aren’t for the purpose of strengthening people – they are designed to hurt, as if by hurting others we justify ourselves.

Just the opposite: hurting others undermines our own claims on this world. We are in the holiday season. This is the time when Christians are encouraged to find peace and good will toward all men. Jews embody that message most strongly at the Passover, closer in time to Christian Easter. Both of us are exhorted to love our neighbors. Similar prayers are in Muslim worship. We all share our origins in the story of Abraham. And one of the most crucial problems of this world is for all of us to find ways to live peacefully together.

Ultimately that is what good manners are about. Peace on earth; goodwill toward men – even though one of our friends was arrested not far away for wearing a t-shirt that said exactly that. Let’s start making this a better world. There are demons enough in this world without demonizing each other.

— This commentary was broadcast on WAMC Northeast Report, December 20, 2016.


Cultural Revolution and Human Understanding

November 1, 2016

I encountered two images last night worth talking about.

Our daughter called us after leaving a Hillary rally and she commented that Democratic rallies are love fests where everyone feels welcome. Yes, that’s a large part of my own positive reaction to Hillary. People reflect the candidates – warmth at Hillary rallies, anger at Trump’s.

And in an article on an on-line forum, Neil Siegel wrote “The consequentialist concern that traditionalists will be branded as bigots is sufficiently serious for Justice Alito that it counts as a reason for the Court to reject” constitutional claims.

I identify with our daughter’s reaction. But Siegel’s comment makes clear one of the reasons my former student, now vice president of a major news organization, wrote me that he understands the feelings of many good people who have been drawn to Trump’s banner. Part of that is the economic struggle of America’s working class, a subject I’ve repeatedly tried to address. But part is the culture war which I’d like to address today.

It’s often hard to win without gloating. And conservatives have been no better at it than liberals. But it’s important. That’s not to say the victories we liberals are fighting for are for sale. We want to welcome, protect, show warmth and respect toward all kinds of people who were once despised. We’ve shared many victories with our African-American friends without managing to get them the fair shake in this life that they deserve. But that circle of friendship needs to reach all those who are struggling in this challenging world.

Living as a minority of one in a distinct community reveals the warmth, welcome and dignity of sharing each other’s lives. Born in a predominantly Jewish part of Brooklyn, if I can be permitted to address it from my personal experience, I spent summers in Christian Chautauqua and felt the love and welcome. Born a few years before the best universities in the country decided to drop their quotas, I took my high school college advisor’s suggestion to apply to Princeton and was surprised when I went for an interview by their encouragement to come. By the time I applied to law school, the welcome this Brooklyn kid got was less surprising. When I left Yale, I enjoyed another welcome by the legal staff of the NAACP and then in the Peace Corps by the people I came to know in Iran. I discovered a long time ago that the fears of others’ reactions were my fears. I went south to meet my future wife’s Baptist family and got one of the most important welcomes of my life. I hope they felt the same from me.

So opening up to others now comes easily to me. But I too understand the depth of the cultural revolution. I hope we can extend that welcome so that everyone can enjoy the camaraderie and mutual respect that comes from really opening up. When Hillary says she wants to be the president for all the people, she strikes the right note. But I hope that the people who will vote against her will prove able to see her care and concern better than people were able to appreciate those qualities in Barack Obama.

— This commentary was broadcast on WAMC Northeast Report, Nov. 1, 2016.


A Scary Election

October 25, 2016

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.


Democratic Decay

October 10, 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.


The Bully in the Debate

September 20, 2016

People keep saying that Hilary will destroy Donald in debate. But I’m concerned. I’m bothered by the memory of one exchange between Bush and Gore in one of the presidential debates in 2000. When Gore confronted Bush with the math behind Bush’s tax proposals, Bush just responded by calling Gore’s figures “fuzzy math.” In fact, Gore’s numbers weren’t fuzzy – he had laid it right out for all to see. I concluded that Bush was trying to bully Gore and the American people by substituting insult for fact. But people reacted that Gore was a nerd and Bush would be nice to have a beer with. I think that was unfortunate largely because, as president, Bush took us into the war in Iraq with what I believe were disastrous results. This isn’t the place to refight the issues of the Bush presidency. The real problem is that Trump has never shown any dedication either to the facts or to policy detail and many Americans have shown an appetite for unsupported slogans and invective. So I’m concerned that he may try to bully Hilary in the debates and concerned about how Americans will react.

We’re not perfect and it’s clear that some of us like bullies. The big question is whether that’s just a few or a lot. We know that some people think it’s perfectly appropriate to win their disputes by brandishing their “Second Amendment” powers; that some still spank their wives and girlfriends and put them through hell so the almighty men can get what they want. We know that some people still behave as if rape is just the assertion of their own “authority,” and as if it’s perfectly appropriate to belittle women, gays, Blacks, browns, immigrants, or people who grew up in different religious traditions. Some still think it’s OK to get what they want by denying other people access to the vote, running them out of town, throwing Blacks and browns into prison, or shooting and killing young men out of fear for their skin color, scared that they meant ill by walking home. We have laws against schoolyard bullies but some adults act like them. Some people are bullies and some people like bullies.

Donald with his bullying jabs is clearly after their votes. He wants the votes of people who put others down like he does because of the color of their skin or put people down like he does because their parents brought them to America from somewhere else. He reminds people they might solve problems with their Second Amendment rights because he wants the votes of bullies who intimidate people with their Second Amendment rights.

The question that will be settled by the debates is not just how Trump will, or can, behave, but what proportion of us  are or admire bullies, what proportion of us are prepared to admire Trump supporters like leaders of the Ku Klux Klan because they appear strong, and what proportion of Americans respect careful, thoughtful and considerate behavior.

Make no mistake, this is a battle for the soul of America. Who stands for decency and who standards for hate, who stands for considerate behavior and who admires the bullies of this world?

— This commentary was broadcast on WAMC Northeast Report, September 20, 2106.


Trump’s Audience

August 23, 2016

Behind Trump’s remarks and his imperviousness to criticism is the audience he’s after.

Trump charges that this election is rigged because his audience doesn’t like who can vote. One can respond that elections have been rigged by the Court since it stopped the count in Florida to make Bush president, but that misses Trump’s and his audience’s objection. The Court has unleashed the full contents of corporate treasuries, tightened the screws on union finances, encouraged states to exclude African-Americans from the voting booths and supported gerrymandering so that Republican controlled legislatures could rig elections against Democrats. Those decisions rigged the election in Trump’s favor. But for his audience, rigging the election means including what some still call Fourteenth Amendment citizens. They object that the first sentence of the Fourteenth Amendment makes everyone born here citizens, especially Blacks and browns.

Trump’s inconsistency on foreign policy is also because of the audience he wants. While claiming Democrats are weak on foreign threats, Trump also wants to withdraw from NATO which has held the Russians at bay for over half a century. And he has told us that he would consider not coming to the aid of an attacked NATO member. Never mind speculating whether he’s a wimp, a loudmouth, or a Russian agent. The important question is who’s his audience and why? Actually extremists have imagined international conspiracies that only they can believe in. Trump clearly wants their support. That leaves the rest of us wondering whether they would be center stage if he won. Making international conspiracies the number one villain helps explain Trump’s admiration for Vladimir Putin, and his invitation to Russia to hack into the computers used by a Secretary of State. One points out in vain that’s an invitation to foreign espionage. Trump got his message across; he’s with the fringe, the conspiracy theorists, and the people with lots of hate.

Then there’s Trump’s comment that Second Amendment people might have a way of dealing with Hilary and her judicial nominees if she is elected. When questioned about those remarks Trump responded that he was just kidding. Besides, he said maybe. No advocacy there. He wasn’t trying to get anyone killed. But why did he do that?

Politicians have reasons for what they say. He was seeking support from precisely those people who could imagine using guns that way. Surely some would just like to have violent dreams. But some are more likely to act on dreams like that when encouraged by people like Trump, and will understand his words as a call to violent action, action that undermines democratic self government.

Beyond whether Trump should be expected to talk like a responsible adult, is the question whether we have the responsibility, whatever our politics, not to enjoy such language, responsibility not to reward it, but to stand tall for the real America, the America that claims to believe in law and order and in self government that celebrates our ability to disagree without threats, assaults and murder.

Trump makes statements like that because he has an audience for it. If most of that audience has the maturity and the loyalty it claims, it must be prepared to turn against candidates who misuse it. Supporters of gun rights must believe that gun owners have an obligation to act and speak responsibly and to keep political and racial hatreds away from trigger fingers.

— This commentary was broadcast on WAMC Northeast Report, August 21, 2016.

 


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