We Have Trump to Thank

September 24, 2019

The President has been taking apart all previously made progress handling the environment and global warming. His actions will contribute to what has been called the sixth extinction – the premature death of billions of people on this planet, large proportions of our children and grandchildren and the shrinking of any remaining habitable portions of earth, so that few can survive and those who manage to live on the meager remainder will have had to survive the bloodiest war of all against all just for the scraps remaining.

We have Trump to thank for trying to stop California from regulating its environment so that people can breathe in Los Angeles. We have Trump to thank for reversing the decline in greenhouse gasses from car engines and coal driven power plans. We have Trump to thank for encouraging the pollution and garbage that destroy fish and marine life, and poison the water we need to drink. We have Trump to thank for doing his best to put us out of our misery by making sure most of us cease to exist.

We have Trump to thank for making suckers out of those who supported him, putting all the resources which could have provided good jobs, into the hands of the richest among us, people who did everything except spend money on workers, who spent their tax breaks instead on stock buy-backs, dividends, McMansions, and outsourcing. We have Trump to thank for making suckers out of the people who thought he’d rebuild their jobs, their towns, their cities and their ways of life, and sacrificing them instead to twits about foreign countries.

Americans were famous across the globe for our ability to work together in everything from sports stadiums to armies and industry. America built its success on teamwork. But the President’s ego couldn’t stand it because he doesn’t get the credit. So, he found a way to destroy all those accomplishments by dividing us in order to conquer us.

So, we have Trump to thank for encouraging a war among Americans over race, religion, parentage and national origin. Alt-wrong mass killers have murdered a multiple of the Americans killed by any other source of domestic terrorism. They work individually as copy-cat killers, to defy blame and prevention, much like the Communists worked by separate cells. Yet the President praises and encourages them and prevents funding and enabling the surveillance the FBI should be doing to defend us.

We realize it’s very important to him to destroy all the strides we have been making to recognize each other’s strengths, talents and decency, to embrace each other as brothers, sisters, cousins and children of God so that he can stay in power riding a crest of hatred.

Instead, for Trump, only Trump counts. He has become the most corrupt president in the history of the country, the only one whose very loyalty is in doubt, who encourages violence against the public instead of protecting it from violence, and does all he can to weaken, not strengthen America.

I wouldn’t have thought it a good idea to lock up presidents and presidential candidates. It’s dangerous for democracies to do that. But Trump put it on the table by encouraging the chant to “Lock her up” directed against Hillary. It would be better for the rest of us to give him some of his own medicine, locking him up as he would have Hillary, but I’ll be satisfied by any legal means of getting him out of office. Then we can get back to saving our environment, strengthening the position of our workers, and protecting Americans from descending further into violence.


No Time for Moderates

May 27, 2019

We’re suffering a worldwide attack on tolerance, the brotherhood and sisterhood of all peoples, and the principles of democracy and equality that make it possible to share the country and much of the globe in peace. The results, from Brexit to White Nationalism, the resurgence of Nazism in Europe, intolerance in India and China and ethnic warfare over the scraps of economic failure endanger us all. America, founded on tolerance, equality and democracy, should be leading the world out of this dangerous morass instead of smoothing the path to hell.

Commentators have long seen and feared the separation of national politics from the needs of the great mass of working people. Both national parties partook of that separation. Republicans revere Reagan but he crippled the unions, the organizations of working men and women. And claiming that government is the problem, not the solution, Reagan crippled efforts to address their problems. Democrats followed national economic trends without paying enough attention to the dislocations among working people. That combination made white working people feel left out, instead of uniting us in pursuit of a better world for everybody.

That’s recent history. Much further back, Alexis de Tocqueville, famous French nobleman, toured the U.S. in the 1830s and had the genius to see far into this country’s future. Tocqueville told us that democracy required widespread economic well-being.  The very first paragraph of the U.S. Constitution talks about the “general welfare” but many poo-poo it as merely precatory language, not authorizing government to take care of the people. Those who poo-poo that language think the Constitution is merely about freedom from government rather than the creation of a government capable of providing for the people. Their misreading of history is perverse and dangerous.

Seymour Martin Lipset, one of the twentieth century’s great political scientists, pointed to the world-wide connection between democracy and economic welfare. Germany, which had been a great economic power, lost its illustrious and democratic Weimar Constitution after going through economic hell between the world wars.

President Franklin Delano Roosevelt told America that he was saving capitalism by protecting the great mass of Americans from the ways capitalism went awry. The big shots of industry couldn’t understand that their behavior wasn’t sacrosanct. They couldn’t understand that capitalism too has to operate by standards of ethics and principles of sharing. Roosevelt was the architect of American economic success for the next half century precisely because he put in place the rules by which it could operate for the benefit of the entire country, not merely the captains of industry and finance. We have forgotten and dishonored Roosevelt’s legacy of making government serve the people. He rescued this country from the Great Depression, “promote[d] the general Welfare,” as the Constitution provided, and set the country on a sound economic keel, a legacy that would honor any leader.  Fools now sneeze at his accomplishment so they can promote something new – poverty for all.

There’ve been plenty of warnings. Now we have a chance. It’s not enough to beat Trump. We need a victory for the principle that everyone counts and everyone needs to be protected. It doesn’t matter whether it’s called “socialism” or something else. The idea that it’s a bad idea to take care of each other has got to go – permanently – and all the conservative nonsense about the damage of helping each other. Either we care for each other or we will suffer a war of all against all regardless of what you call it – fascism, communism, totalitarianism – the results won’t be good for anyone except the oligarchs.

Forget “moderate” Democrats. If “radical” describes the philosophy of taking care of each other, we need it NOW. Bless all the people with the decency and humanity to care about their neighbors, fellow citizens and fellow human beings. The blessed are those who care.

– This commentary was broadcast on WAMC Northeast Report, May 28, 2019.


Kavanaugh on Investigating the President

October 9, 2018

Brett Kavanaugh is now supposed to be called “Justice Kavanaugh.” The Constitution refers to members of the Supreme Court as judges. Whether the term “justice” will be appropriate depends entirely on his behavior. Of that I am doubtful. I think there was no justice for Dr. Christine Blasely Ford.

There is strong evidence that Kavanaugh will solidify a majority for repealing a half century of progress on voting rights, women’s rights, gay rights, anti-discrimination law and protections against our becoming a police state.  Kavanaugh invariably parried questions about his views with recitations of prior law, showing only that Kavanaugh could explain the cases, but never denying his likely impact.

Nevertheless, Trump and his Senate sycophants would have nominated and confirmed someone equally damaging to American law. More ominous are Kavanaugh’s views about whether it is OK to investigate a sitting president.

Kavanaugh joined the investigation of President Clinton on matters stemming from his relations with Paula Jones. That suit was dismissed because it didn’t claim Clinton violated the law. It was brought, however, for purposes unrelated to the suit, namely to enable fishing expeditions on Clinton’s behavior. That’s called abuse of process.  Those questioning Clinton eventually found Monica Lewinsky. By contrast to Trump’s behavior, she was a willing participant. In those days Republicans were puritans.  Kavanaugh pursued Clinton with gusto.

Then, with Bush in the White House before the election of President Obama, he told an audience at Minnesota Law School, that he had changed his mind. He wrote that defending against the Paula Jones litigation took Clinton’s attention off the growing threat from al Qaeda and similarly weighty matters. So Kavanaugh concluded that there were good reasons not to sue sitting presidents. He added that impeachment was always available. Left unsaid, however, was that to be more than a partisan political tool, impeachment must rest on investigating to determine what happened.

Unlike the Clinton investigation, the investigation of the Trump campaign is about the violation of multiple laws, both constitutional and statutory – whether Trump’s campaign worked with a foreign country to tamper with an American election and support that country’s interests in exchange for putting Mr. Trump in the White House. The Mueller investigation provides an independent, nonpartisan basis for considering impeachment. Without Mueller, we have only partisanship – a partisan whitewash or a partisan indictment.

So, Trump’s selection of a judge who doubts the legitimacy of investigating a sitting president strengthens his attacks on the ongoing investigation. That’s not news, given Trump’s tweets about pardons and remarks about firing Mueller. But we don’t allow people to be judge in their own cause. What we already know about the Trump campaign justifies a deeper look. And Trump’s effort to control the investigation can amount to impeachable behavior. For Democrats to take back the Court, the law and the cause of justice, they will have to defeat Kavanaugh’s senatorial supporters and elect a Congress prepared to prevent presidential abuse. In other words, the battle isn’t over and the stakes just got larger.

— This commentary was broadcast on WAMC Northeast Report, October 9, 2018. This is a revised and updated version of commentary originally prepared for broadcast on September 18, 2018, pulled because of the Kavanaugh hearings, rescheduled for September 25 but pulled again at the last minute because of new developments in the Middle East. The earlier version was posted here.

 


Anthony Kennedy And The Future Of The SCOTUS

July 4, 2018

Welcome to Iran. Iran has a Guardian Council of men in long robes. We have a Guardian Court of nine judges in black robes. Both decide who rules. The Guardian Council of Iran decides who is allowed to run. The Guardian Court decides which party wins by blessing the vote rigging that favors Republicans – by blessing gerrymandering after the Republicans rewrote voting districts to favor themselves; by blessing registration requirements that Republicans erected to block anyone likely to vote Democratic from getting or staying registered and from voting; and by removing the protections of the Voting Rights Act against discriminatory devices in the former Confederate states and wherever discrimination had been the rule.

The Guardian Court competes with Iran’s Guardian Council for political control by limiting what labor unions can spend[1] and by overruling limits on political spending by corporations.[2] It tilts the whole electoral environment toward the rich and powerful and against workers and consumers.

The U.S. Guardian Court is nearly as effective as the Iran Guardian Council, even without Russian help. And the retirement of Justice Anthony Kennedy will make it worse. He was the only conservative who understood that vote rigging is inconsistent with a democratic constitution and sometimes acted on that understanding. With a less principled replacement, the current court will present an even bigger barrier to protecting American democracy.

This isn’t about law and all about partisanship. It’s not, in Roberts famous example, like an umpire calling balls and strikes. It’s an umpire in one ball club’s pay, corrupt even as courts across the globe are gaining the confidence to insist on clean elections. To put it another way, the U.S. court system is being corrupted by the rewards of capitalism.

Still more is at stake. Roe v. Wade,[3] protecting a right to abortion, is at stake in the changes in the membership of the Court along with a panoply of labor, consumer, environmental and civil rights protections.

Discouraged? This is the worst time to be discouraged. We can take the country back. But first we must win two elections, the 2018 legislative election and the 2020 presidential election.

Winning the 2018 legislative elections on both the state and national levels can reduce the damage. Fairer state legislatures can insist on fairer elections. Congress has the power to regulate national elections to block states from using unfair rules. And it can block Trump’s plan to abuse the census to further turn the Republican minority of voters into national dominance.

Along the way, winning in 2018 can prevent any more bad nominations to our court system. It can block the Administration’s abuse of everyone from workers to women to immigrants.

Winning in 2020 will make all that easier and it will make it possible to get the Court back. Yes I said we can get the Court back; we can end the rule by the US Guardian Council that masquerades as a Court.

The Constitution does not specify the number of justices on the Supreme Court. That is set by law.[4] The number of justices has been set as low as five and as high as ten.[5] Although a controversial proposition, it has been argued that the number can be changed by the simple process of nomination and confirmation.[6] Either way, it is not set in stone.

President Franklin Delano Roosevelt proposed to increase the number when the Court was blocking his efforts to deal with the Depression. In the event, the Court backed down without any change in the number. But the point is that it can be done and should be.

This is a time to get fired up by the efforts of the capitalists, corporations and wrong-wing religious groups to use the courts to take our country away from us. We can take it back. We must and will take it back.

— This commentary was broadcast on WAMC Northeast Report, July 3, 2018.

[1] Janus v. AFSCME, Council 31, 2018 U.S. LEXIS 4028 (2018).

[2] Citizens United v. FEC, 558 U.S. 310 (2010).

[3] Roe v. Wade, 410 U.S. 113 (1973).

[4] 28 USC § 1.

[5] Act of Feb. 13, 1801, § 3, 2 Stat. 89; Act of March 3, 1863, ch. 100, 12 Stat. 794.

[6] Peter Nicolas, “Nine, Of Course”: A Dialogue On Congressional Power To Set By Statute The Number Of Justices On The Supreme Court, 2 NYU J.L. & Liberty 86 (2006).


Workers’ Rights Dishonored Again by the Supreme Court’s Conservative Majority

May 29, 2018

Once again, President Trump’s nominee to the Supreme Court demonstrates the Court’s and the president’s hostility to worker rights. In cases testing whether companies can require their employees to sign agreements that abandon any right to go to court or bring class actions, Gorsuch’s opinion for the Court sides with the companies. That prevents employees from pooling their resources when contemplating expensive litigation.

The Norris-LaGuardia Act, passed in 1932, protects workers’ right to collective action on labor issues:

the individual unorganized worker is commonly helpless to exercise actual liberty of contract . . . , wherefore, . . . it is necessary . . . that he shall be free from the interference, restraint, or coercion of employers . . . in … concerted activities for … mutual aid or protection . . . .

The National Labor Relations Act, passed and signed in 1937, reaffirms that

[e]mployees shall have the right . . . to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection.

Both statutes were passed with the understanding that “the individual unorganized worker is commonly helpless” against employers. But the Court held that the Federal Arbitration Act, passed and signed in 1925, protects arbitration agreements. Usually, later statutes are held to overrule or limit earlier ones, not the other way around. So the Court decided that the later statute didn’t mean to limit the Arbitration Act. Of course, Gorsuch and the Court didn’t and couldn’t know that. What they threw at us was pure preference – anything that helps companies against their employees fits their labor policy. Gorsuch and this Court doesn’t read the law, as they like to claim; they make it. And they have been consistently turning against workers’ rights.

There was a time in this country when workers were completely dependent on their employers. They were required to live in company homes, buy from company stores, and were paid in scrip that was only honored by the company. Thus any attempt to leave left employees bereft of everything.

This Court will not be satisfied until workers have to sign away their right to seek better jobs, leave town, or buy their goods anywhere but the company store. There is a term for that, serfdom, and it is still practiced in some countries. When the Tsar of Russia freed the Russian serfs, the change there rivaled the end of slavery here. We needn’t go into all the other rights that serfdom gave the masters, like the right to violate the women. Serfdom stank. The claim that employers can get anything they want by putting it into a contract shreds all our rights.

We’ve been seeing that lately in the sexual abuse claims that have been made since the Harvey Weinstein revelations. Employers didn’t put those claims into the contracts but their right to reject applicants or fire people at will worked for a long time.

Law exists to protect people – except that the U.S. Supreme Court with Gorsuch solidifying its position doesn’t think ordinary people deserve any rights. In my view, it’s the Court that deserves none.

— This commentary was broadcast on WAMC Northeast Report, May 29, 2018.


Workers, the labor movement and the Triangle Shirtwaist Fire

August 7, 2017

I was driving home from the grocery store. The radio was tuned to this station. Wanda Fisher was playing a song that I hadn’t heard but I knew what the woman was singing about – it was the Triangle Shirtwaist fire. Hundreds of girls died because the doors were locked shut. They died from the fire, the smoke or jumping from windows like people did on 9-11.

You may or may not like unions. But no one who knows the history of the workers’ movement can doubt the need for regulation. Without regulations too many workers get treated like trash – locked in, poisoned and sickened by noxious toxins and cut down by unprotected machinery. My uncle was lucky – he just lost part of an ear.

Even worse, whatever profit one business can make by treating its workers like trash pushes other businesses to treat their workers like trash. That’s what business means by the need to stay competitive, skimping on what they have to do for their employees.

Regulation is pushback. That’s why we need it and that’s why those businesses that do most of the lobbying don’t – so they don’t have to spend money on the people they think of as nothing more than the means to make profit, essentially trash.

Politicians and courts have broken up the alliance among workers, white and black, by destroying the unions that united them. A large part of the decimation of unions was done through union finances. When all workers benefit from union bargaining but don’t have to contribute to the union treasuries, most people could save their dues and be free riders on the unions’ efforts – until the union becomes unable to help because its treasury is empty. So-called “right-to-work” laws have done that in many states. Those laws prohibited the union shop in which everyone paid for the unions’ services. The laws should have been called management’s-right-to-fleece-their-workers laws because they made the relation between management and labor one sided. The U.S. Supreme Court played a part in these developments, increasingly denying unions the right to charge for their services. Labor unions have lost the majority of their former strength and most workers have no organization to support them. Without labor unions creating common agendas, workers have been much easier to divide.

In past years the Supreme Court has whittled away which unions could charge what dues, and in which unions workers could opt out of paying the full union dues even though the union had been selected as the workers’ representative in negotiations.

This past term of Court, the Supreme Court was poised to block collection of a collective bargaining fee from government workers who took advantage of union bargaining but chose not to pay full union dues. Put that together with the Court’s decision in Citizens United and you get a much clearer picture of how this Court has reshaped American politics against the working man. Scalia’s death blocked the Court from reaching a decision on that issue. But the case will surely come back in some form now that Gorsuch is on the Court.

The Court has not finished playing with the relative strength of workers and bosses or of Democrats and Republicans. It has chosen a president, in Bush v. Gore. It has reshaped political finance in Citizens United. So far it has refused to touch gerrymandering, letting its Republican friends keep themselves in power like Maduro in Venezuela or Erdoğan [phonetically Erdowan] in Turkey. We are not getting the government we deserve; we are getting what the Court dictates.

— This commentary was broadcast on WAMC Northeast Report, August 8, 2017.


Freedom for the Boss; Drudgery for the Rest of Us

May 16, 2017

I keep looking for ways to talk with supporters of the Administration. President Carter started the deregulation frenzy. That has become half of the Republican cut-and-deregulate refrain ever since, consistently repeated by the current White House and the Republicans in Congress. I’d like to focus on the things that will affect those of us who are, financially speaking, ordinary, middle-class Americans.

Here are changes the Administration and congressional Republicans are considering that affect working conditions:

  • The White House Office of Information and Regulatory Affairs has been postponing and considering cutting down a Labor Department rule that limits “workers’ exposure [to] toxic material, which can cause a deadly lung disease.”
  • The same White House Office is also “considering a proposal to roll back protections for workers in construction and shipbuilding.”
    • Those rules allow our employers to save cash by risking our health.
  • The Working Families Flexibility Act … would give employees a choice between taking time off or being paid time-and-a-half when they work more than 40 hours in a week.”
  • Either way, Republicans oppose changing overtime rules to raise eligibility for overtime above the current $23,660 per year.
    • Those rules allow our employers to save cash by shortchanging us.

Here are some that affect the health of financially ordinary Americans:

  • The Administraton has already taken steps to “roll back healthy school lunch standards”
  • The new head of the FDA “has invested in or consulted for dozens of healthcare companies” which suggests that the Food and Drug Administration won’t be much help in preventing unnecessary complications and expenses.
  • The House health care bill would eliminate Obamacare requirements that insurance plans cover prescriptions drugs and mental healthcare. Like all insurance, drug and mental health care coverage are intended to protect people from unplanned changes in the costs of survival.
  • Senate Republicans narrowly lost an effort to roll back a regulation that “limit[s] methane emissions from oil and natural gas drilling.” Methane is even more damaging to the climate than carbon.
    • Those rules risk our health for the sake of other people’s profits.

On savings for retirement:

  • “Trump’s Labor Department delayed the so-called fiduciary rule, ordering financial advisers to act in … [your] best interest[s] … [if you] are saving for retirement.”
  • The CHOICE Act would allow the banks that brought us the crash of 2008 to opt out of regulations adopted after the crash and intended to prevent another. And the bill renames the Consumer Financial Protection Bureau and “reduces its power to enforce pre-existing consumer protection laws.”
    • Those rules risk our financial security for the sake of other people’s profits.

Meanwhile, Republicans on the Supreme Court show little respect for working men and women.

  • With Breyer’s help they have blessed “Professional debt collectors … [who] built a business out of buying stale debt, filing claims in bankruptcy proceedings to collect it, and hoping that no one notices that the debt is too old to be enforced by the courts.”
  • The Court continues to apply a 1925 statute intended for interstate business transactions to consumer contracts and the Court bars state regulation entirely.

What Republicans continue to give us is freedom for the boss and drudgery for the rest of us. As the old folk song has it, “same song, second verse, could get better but it’s gonna get worse.”

— This commentary was broadcast on WAMC Northeast Report, May 16, 2017.


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