To Reinvent the Cops, Disarm Them

June 15, 2020

The Governor wants us all to reinvent policing in our own communities. Let’s pull that apart. He wants each separate community to have a conversation about policing and reset everything. Sounds good. Community is a lovely warm word. But I think the reality is a lot different than it sounds.

Lots of folk assume what academics say is just theory. But the difference is addition. Academics add up all the examples. They take what Google calls the satellite view. They don’t necessarily interview people like cops and lawyers. They want the big picture – what’s happening. And when you do all the examples and add it up, what you discover are vast numbers of communities engaged in keeping everybody else out – using everything from acreage requirements to zoning. So, Governor, are you telling us all to rebuild segregation by having each of our communities use policing to keep everyone else out? “Looks like he doesn’t belong here; get rid of him.” Some communities will try to protect everyone, but they’ll be surrounded by rules and cops that say keep out.

So I don’t expect anything constructive to come out of the Governor’s mandatory conversations. Breaking us down into our little private sanctuaries, the game is already stacked.

Forgive me for repeated something I’ve said before, but guns should need an excuse and a warrant before they’re pulled out in public, because guns make bullies of us all. My cure for police misbehavior? Firearms aren’t always used, but to change the culture, to motivate people to use their heads, I’d put an unarmed force between the police and the public and call for arms only when necessary. Guns and ammunition can do a lot of harm – even if only by intoxicating the officers with a sense of power.

An unarmed force would need to use their heads, to de-escalate conflict instead of aggravating it with belligerent language and a show of force.

I was asked to speak to a group of high school students alongside a policeman about relations with the cops. He told them to show respect and everything would be OK. What about the adult? The police also have an obligation to show respect for people, old and young, upset or calm. Those guns make bullies of us all – cops included.

I have no objection if the cops think wireless video connections should be provided so the department could rush help if there really is any danger. But a video stream would be more effective than a gun in convincing people to cool it. I’d put officers on the street without their guns.

I helped do a memorial for a friend a few years ago – we were both on the NYCLU Board when Jerry died. Forty years before that he was in charge of a group of attorneys in Mississippi during Freedom Summer 1964. A historian, Thomas M. Hilbink, had done a study of that group of lawyers and, reading his paper while preparing for the memorial, I discovered that Jerry had been in numerous life or death situations. Down there, by the way, the police were closely allied with the Klan. But Jerry came back healthy and strong – one of the best litigators the Civil Liberties Union had. He used his head. He de-escalated. And he protected everyone working with him.

OK, Jerry was extraordinary. So was Mississippi that summer. Jerry was truly brave, not just filled with the bravery of firearms. And he wasn’t so foolish as to pack or pull heat.

— This commentary was scheduled for broadcast on WAMC Northeast Report, on June 16, 2020.


Trump’s Second Amendment Hooligans

June 8, 2020

The pandemic has been making life quite difficult for many of us, but if we don’t figure out a way to deal with Trump’s invitations to violence things can get a lot worse.

Gun owners are not made in cookie cutters and the differences are large. I know lots of people who own guns and it’s never given me a moment’s concern. Many if not most gun owners are responsible and trustworthy. They are not killers and they’re not using their guns to play rough with people.

But there is a minority that believe that gun rights, or what Mr. Trump prefers to call Second Amendment rights, give them the privilege to threaten, intimidate and even kill to make things come out their way. Threats, intimidation and murder are not protected by the Second Amendment. They’re crimes. People who believe the Second Amendment gives them such rights are hooligans or terrorists, not responsible people who deserve anything but the insides of jail cells or loony bins. Those people are “deplorable.”

The statistics make clear that they’ve done more damage in America than the foreign terrorists we say we fear. Trump wants us to believe that there are, as he put it, good people on both sides, but White Supremacists account for the vast majority of home-grown terrorism in this country. And they reliably respond to his invitations, resulting in a very clear and present danger of violence and bloodshed.

When Mr. Trump told people to liberate Michigan with their Second Amendment rights, he was not suggesting that they keep their guns holstered or cased or even pointed at the sky. He was appealing to hooligans and terrorists to force the rest of us to do their bidding.

When Mr. Trump took office the Constitution required him to:

“solemnly swear (or affirm) that [he] will faithfully execute the office of the President of the United States, and will to the best of [his] ability, preserve, protect and defend the Constitution of the United States.”

Millions of Americans have taken oaths that we were

“not a member of the Communist Party or any other organization which advocates the overthrow of the Government by force or violence.”

In fact Mr. Trump is trying to overthrow it. A leading, so-called birther, he denied Obama’s right to the office though Obama was properly elected and behaved in a careful and thoughtful way for the good of all of us. By contrast, Trump uses the classic methods to try to overthrow the government by force and violence. Budding dictators encourage violence, create chaos and then pose as the savior to take over. When Trump creates a clear and present danger of violence by inviting gun owners to use their Second Amendment rights, they get the signal, and Trump relies on their lawlessness to put people in terror if they oppose him. Like other budding dictators who’ve called out the military against their own people, Trump called out a show of military force against domestic demonstrators to clear his path to a photo op in front of a Washington church and over-awe Americans with his control of the levers of deadly power. A would-be dictator, Mr. Trump is repudiating his American citizenship.

Guns owners who respond to Trump’s incitement are giving a very bad name to responsible gun owners, to owners who don’t use their guns and their votes to constrain political behavior like that. It’s time to take back the NRA from the unreconstructed Civil War rebels, terrorists, hooligans and their enablers who claim the protection of their guns and the Second Amendment in your name. It’s time to break the White House link with liars, hooligans, and terrorists.

— This commentary was scheduled for broadcast on WAMC Northeast Report, on June 9, 2020.

REFERENCES:

New America Foundation, IN DEPTH, Terrorism in America After 9/11 https://www.newamerica.org/in-depth/terrorism-in-america/what-threat-united-states-today/;

Daniel Byman,  Right-Wingers Are America’s Deadliest Terrorists, Slate, Aug. 5, 2019, https://slate.com/news-and-politics/2019/08/right-wing-terrorist-killings-government-focus-jihadis-islamic-radicalism.html.

DANIEL MORITZ-RABSON, New NRA President Is Board Chair for Organization Managing Country’s Largest Confederate Monument, Newsweek, 4/30/19 AT 10:52 AM EDT – https://www.newsweek.com/nra-president-chairs-organization-country-largest-confederate-mounment-1409648

How the NRA went from a marksmanship group to a controversial political powerhouse. In his new book, investigative journalist Frank Smyth explores the group’s rise to favor, particularly under the Trump administration. By Hope Reese  Updated Apr 2, 2020, 11:00am EDT, The Highlight by Vox, https://www.vox.com/the-highlight/2020/3/24/21191524/nra-national-rifle-association-history-frank-smyth-wayne-la-pierre

 


Guns make bullies of us all

April 8, 2019

We often use the tool at hand for whatever we’re trying to do. Got aspirin or alcohol? Drink it down ‘cause everything feels like a pain. Got a wrench? Everything looks like a pipe. Got a hammer and everything looks like a nail. Pete Seeger sang If I Had a Hammer he’d have used it to hammer out justice. It’s a wonderful song but it seems like the wrong tool.

Some of you may remember the late Congressman Steve Solarz. We went to high school together and I always remember a conversation we had about brotherhood – in student government I headed the brotherhood commission. Steve understood my passion and commented we can’t hammer brotherhood into people. Indeed, we can’t. Instead I had the privilege of inviting Jesse Owens to our school and introducing him to the assembly. Owens, an African-American, had won four medals at the 1936 Olympics in front of the Nazis in Berlin, Germany. We gave him our brotherhood award and then had the privilege of hearing him deliver an impressive and very powerful talk about brotherhood – a great alternative to using a hammer.

In the afternoon before I drafted this commentary, I read about a recent incident of abusive policing in Albany. In the evening, my email was filled with a discussion among law professors about an example in Louisville. Look at Washington and see international sabre-rattling. I looked over some draft commentary and read one about Israel’s reliance on force. And I realized there is a theme. Everybody has the same hammer with a barrel and a trigger. Much too often, from Albany to Louisville to Israel, the Philippines and many other places, the people with the guns don’t bother using their heads or their manners. They don’t have to. Them guns ‘ll make people shut up.

I don’t want to be simplistic about it. Policy changes often lead to overreaction. Focusing on domestic law enforcement, the public somehow has to support the police while also controlling it.

Nevertheless, mappingpoliceviolence.org/ tells us “There are proven solutions. Police Departments that have adopted these use of force policies kill significantly fewer people. But few departments have adopted them.”

Of course, if we could hang them up or put them away except when necessary, we could eliminate a lot of mistaken killing of innocent and unarmed people. There’s lots that police do that don’t call for guns.

Guns also don’t belong in cities. It’s one thing to use a gun for hunting but it’s another for people like George Zimmerman to think they are protecting the community by carrying a gun and killing an unarmed 17-year-old African-American who was heading away from, not toward, Zimmerman.

Guns do not belong in the hands of people who are convicted of domestic violence or any other kind of violence – only the manufacturers could truly like selling guns to people likely to use them on their families. Guns enable people to act out their worst instincts.

I support the Second Amendment right to carry a muzzle-loading-single-shot-18th-century device deep in the woods. That’s the strict construction that conservative judges have been trying to teach us to use. Claims about the breadth of the Second Amendment come from people’s prejudices, not the Constitution. Guns should need an excuse and a warrant before they are pulled out in public because guns make bullies of us all.

— Addendum – four excellent podcasts and web sites:

Shots Fired Part 1: https://www.wnycstudios.org/story/shots-fired-part-1

Shots Fired Part 2: https://www.wnycstudios.org/story/shots-fired-part-2

https://mappingpoliceviolence.org/

http://useofforceproject.org/#project

— This commentary is scheduled for broadcast on WAMC Northeast Report, April 9, 2019.


Response to School Shootings

February 21, 2018

After this latest school shooting with 17 dead, I’ve read wonderful pieces by people who lost loved ones to guns, and banal pieces by wonderful writers whose imaginations were fried by the horror. What’s left? Sometimes I try to convince, or fire the choir. Here I’m trying to understand why we can’t put the guns away.

There are many strands in our struggle over guns.

  • Some decided the Civil Rights Movement justified refighting the Civil War. There’s literature at gun shows and conclaves of gun owners that would be out of place anywhere else.
  • Some associations, like the NRA, respond to their most committed, and extreme, members. The NRA’s extremists found a way to hold and even enlarge their membership while pushing it further toward the wrong – the opposite of left is certainly not a synonym for correct.
  • Some politicians have been scaring people for decades. It’s us against them and support your police – hardly an issue until it’s used to justify shooting some people in the back – that’s against the law for everyone else and I can’t support so-called “law enforcement” that shoots people in the back.

Let me suggest another. The Founders’ divisions persist. The Founders talked and wrote about the general welfare, the opposite of selfishness. They did not glorify freedom from regulation. The record shows amazing levels of social regulation – and by the way you couldn’t keep ammunition in your house – it belonged in armories. The Founders believed in social responsibility, though they certainly did not always act the part.

On the other side, their “Don’t Tread on Me,” patriotic slogan is now taken as an emblem for extreme libertarianism. I’ve seen people so sure of their right to do whatever they wanted that they were outraged when cutting their driveway through a neighbor’s property and cutting down her flowering bushes drew a very angry response. And once the Revolution ended British restraints on westward settlements, the former colonists couldn’t wait to snatch Indian land across the Appalachians. Indians didn’t count any more than slaves did; in fact Indians were often enslaved as well as exterminated. If “we” want something, and “we” can get it, then “we” should take it. “Don’t tread on me.”

Many schools reduced violence by banning guns, but many gun enthusiasts think more kids with guns would make schools safer. Many cities reduced violence by keeping guns off the streets. To a carpenter problems can look like nails; to orthopedists problems can look like broken bones; to gun owners ….

The tools we hold invite the responses we make. They dis or disobey us, here’s my tool and it makes these surgical cuts in your internal organs. So as innumerable old western movies celebrated, you had to “hang ‘em up.” (Whoever thought those movies could teach us anything?)

It’s not just macho culture; not just about gender or sex. It’s about getting what we want, controlling the world, not sharing or living in it.

Trayvon Martin never threatened George Zimmerman even if he convinced a bizarre jury that he was in reasonable fear, but Zimmerman had a gun which made it easy to shoot a man in the back. That’s a piece of “American culture” I can do without. I much prefer people with the decency and the wisdom to try to live together in peace, paz, pacem in terris, shalom, salaam – peace in any language and the peace that we claim in all faiths.

— This commentary was broadcast on WAMC Northeast Report, February 20, 2018.


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.


Terrorism, the NRA “Solution,” and Safety at Home

December 8, 2015

For some people, the best solution to every problem is to shoot at it, and presidents aren’t leaders unless they’re yelling “charge” into battle. I want to bite off a domestic piece of that nonsense. In the wake of every terrorist tragedy, senators, sheriffs, NRA officers and supporters propose more guns, carry your guns, be ready to defend yourself, ourselves, wherever and whenever occasion arises.[1]

We have some 15,000 murders a year in the U.S., 40,000 suicides, mostly by firearms, and under 30 deaths a year from terrorism. CNN checked Obama’s comparison of deaths by firearms and by terrorism in the U.S. From 2001 to 2013, they found that people killed by terrorists in the U.S. were less than 1/1000th the number killed by firearms.[2] Firearms deaths dwarfed terrorism deaths even in 2001. Whether it’s a good tradeoff depends on what gets worse.

Note though, if we’re all armed, we’ll need to do things differently. Once we assume everyone is armed, when someone demands something, whatever it is – turn off the radio, get out of my way – are we toast if we don’t comply? Do guns become the tool of bullies? Isn’t that some of what police shootings of unarmed people reveal? Police say they were scared because someone with his back turned may have had something in his hands. Do we all get to be that scared, pulling the trigger at anyone whose safety we can’t determine? We’ll have to be suspicious. Who’s hot tempered? Who’s too scared to trust? Who’s a criminal, terrorist, gang member or bully?

America was built on trust and teamwork. Break that down and sap our strength. We might stop some terrorists but America’s strength will dissipate in squabbles and fear – like those that poison and stultify much of the Third World.

Arming ourselves will partially thwart some similarly-armed terrorists but guns can  be replaced by explosives which do their damage before anyone knows what’s happening.

A couple of decades ago a disappointed former student attacked our library – but thank heavens he attacked a glass door with an axe rather than attacking people with a gun. No school can avoid flunking some students out and no employer can avoid firing some employees. One such employee got a gun and murdered one of my clients some years ago. But the police are taught that it’s too late to react once someone starts to pull a gun. My client, armed or not, never had a chance. So now what?

There are alternatives. I’m a civil libertarian but I have no problem with cameras. Security staffs at many places have monitors showing them many parts of the building. I’m a lot happier with observe-and-respond than having a bunch of trigger-happy gun toters wandering around wondering if I or anyone else should be shot. Similarly, with the repeated police shootings of unarmed men, I’d be a lot more comfortable if they left their guns at the station for access only as needed. I’d also be much more comfortable with police departments and the FBI if they stopped bribing unreliable informants to trap people in stings, send innocent people to prison, and corrupt the Bureau in the process. Have a tool, use a tool. These are dangerous tools for routine use.

America would be much safer if we found ways to build on our principles, instead of abandoning them in the chimerical belief that we could protect ourselves better with guns.

— This commentary was broadcast on WAMC Northeast Report, December 8, 2015.

[1] See http://newyork.cbslocal.com/2015/12/03/ulster-county-sheriff-carry-guns/; http://www.nydailynews.com/news/politics/marco-rubio-slams-bill-guns-terrorists-felons-article-1.2455280; http://www.darkcanyon.net/Terrorism%20A%20Good%20Defense%20Is%20A%20Good%20Carry.htm.

[2] See https://www.fbi.gov/about-us/cjis/ucr/crime-in-the-u.s/2011/crime-in-the-u.s.-2011/violent-crime/murder; http://www.save.org/index.cfm?fuseaction=home.viewPage&page_id=705D5DF4-055B-F1EC-3F66462866FCB4E6; http://www.cnn.com/2015/10/02/us/oregon-shooting-terrorism-gun-violence/ .


Shootings, Guns and the SAFE Act

October 6, 2015

The shooting at a community college in Oregon saddens me and leads me to these observations about guns.

One of my students has convinced me that the guns used in most of the recent mass shootings do not fit the description of assault or military style weapons. And they don’t fit the categories banned or regulated by the so-called New York Safe Act. In fact some of the damage was done by pistols, by handguns. So I have reluctantly come to the conclusion that the New York statute is a piece of high profile posturing, sound and fury signifying nothing. Who knew? Perhaps the problem is a bunch of people writing legislation about something they know little about. I won’t speculate.

Certainly there are weapons that no people ought to have their hands on unless they are in the military – not even police need bombs.

But more than that, gun ownership should be licensed. All of us have licenses. I have a driver’s license and a law license. It’s a reasonable protection for all of us. If I can’t see well enough I won’t be able to get behind the wheel. That’s a good thing – regardless of how I might feel about it when and if that happens to me. And when I was a practicing attorney, people who came to me could expect that I could help them. That too is a good thing – although lawyers, professors and students have all sorts of quibbles about what is actually on the bar exam. Plus the bar examiners want to know if we have good character, and they collect affidavits from everyone we have ever worked for, to make sure.

Licensing makes sense, to make sure that people with guns have no record of crime or insanity as well as the knowledge to handle and store guns carefully. Licensing will not stop everyone from getting guns who shouldn’t have them. I lost a client years ago, the dedicated leader of a community organization, to a disgruntled job-seeker. But licensing would help. And tracing technology would deter some shooters. Nothing in the decisions of the Supreme Court denies the ability of states and cities to do record checks, licensing or require identifying technology.

The resistance of the NRA to licensing and tracing methodology is so irrational and so perplexing that it makes one wonder about their loyalty as well as their good sense. Indeed I think the NRA has been catering to the extremists in its membership, and some reflect the same animus. An NRA president recently referred to “The War of Northern Aggression”, his description of the secession of the Confederate States and South Carolina firing on Fort Sumter, the federal fort protecting the Charleston harbor. Some gun toting members of private militia style organizations clearly are aiming their rhetoric at public servants, at government, and at the people they call “Fourteenth Amendment citizens.” That’s right, they object to the fact that our Black brothers and sisters are free, equal, citizens who can and do vote. In other words they are still fighting the Civil War.

Hate groups are proliferating in this country. They are the most determined gun owners. All it takes is one of their number splitting off and firing into a crowd. Timothy McVeigh, who bombed the federal building in Oklahoma City was nursed in those groups.

Do you really want to put gun policy in their hands? Or, for that matter, people who posture about gun control without taking the time to study the problem?

— This commentary was broadcast on WAMC Northeast Report, October 6, 2015.

 


This campaign makes me nostalgic for the draft

September 15, 2015

This campaign makes me nostalgic for the draft.

The Republican candidates have been telling us who they want to keep out, and whom they don’t like or wouldn’t lift a finger for – Mexicans, Iran, Muslims, the poor, women, peaceniks. And they make it pretty obvious whom they do like – whites, “real men,” cops, soldiers, guns, the U.S., especially the U.S. before any of us were born, and Christians. It’s all stereotypes, of course. No group of people is all good or all bad – not even conservatives, a big stretch for me. There are always gradations – people need to be judged on their behavior. But that’s too much work. Simplification is so much easier.

Let’s talk about something else they don’t like – democracy. All their blather about the free market and government is little more than an attack on democracy. In fact polls reveal that, on average, conservatives are typically less supportive of the freedoms in the Bill of Rights – except the freedom to carry guns so that, if what they define as the need arrives, you can blow whomever away. Heaven forbid we should have to live together. I glory in walking out of Penn Station in New York – it seems like the whole world is right there and managing to get along; how wonderful in this increasingly contentious world.

Oh on the subject of New York City, that’s a stereotype right there – for much of America New York City is Sodom and Gomorrah. Never mind that the City is actually composed of Americans from all over the country – their own relatives, friends and classmates – as well as a major first stop for immigrants, the same immigrant streams that composed the rest of the country. No, New York is heathen. I remember stopping downstairs for a haircut in a building where I had a temporary apartment in Ohio. The barber was a woman and as we chatted she told me that she was surprised that New Yorkers actually tried to help each other in the days after 9/11. Really – did she think we were coyotes?

It makes me nostalgic too – for the draft! There was actually a time when Americans from all over had to meet, interact, make friends, and did. They introduced each other to their eventual brides, formed business partnerships, learned to appreciate the best in each other’s backgrounds. The draft was truly the incubus of democracy. Theodore Roosevelt proclaimed “the military tent, where all sleep side-by-side, will rank next to the public school among the great agents of democratization.”[i] Got that right.

Actually the military has been working on that problem since the country was formed. Contrary to what many people think, Americans at the founding spoke many languages and have continued to speak many languages. The military struggled with whipping those disparate forces into a unified fighting team. They tried separate local units and units recruited by leaders like Roosevelt’s “Rough Riders” but they tossed all that aside and put people into those military tents without regard to their origins.

The racial divide forced the military to think again about the problem. It turned out that mixed race units in World War II came back positive about the possibilities of integration. But Vietnam was hard, a stalemate in the swamps in the middle of turmoil back home. But the military responded by making it a part of every officer’s responsibility not only to achieve racial peace and cooperation, but to make sure that soldiers of all races developed appropriately, got training and took on responsibilities leading to promotions.

As a youth I feared the draft; I knew my own physical weaknesses. For me the Peace Corps was a good choice, one that helped me develop as a human being. And there were problems with the way the draft was handled. But I miss it nonetheless. Truly national service is a very good idea for a democratic country.

— This commentary was broadcast on WAMC Northeast Report, September 15, 2015.

[i] Quoted in John Whiteclay Chambers, II, Conscripting for Colossus: The Progressive Era and the Origin of the Modern Military Draft in the United States in World War I, in The Military in America From the Colonial Era to the Present 302 (New York: Free Press, Peter Karsten, ed., rev. ed. 1986).


The Threat of Self-Styled Armed Militias

May 20, 2014

Some of us remember having to sign loyalty oaths. In the language of the U.S. Supreme Court, one had to swear that he or she had not “advocate[d] the overthrow of government by force, violence, or any unlawful means.” That included the overthrow of “the Government of the United States or of any political subdivisions.” In the 1950s everyone from barbers to professors had to sign those things and even cafeteria workers got fired on mere suspicion of disloyalty, the absence of proof notwithstanding.

Of course it was political. Senator McCarthy famously attacked President Truman and many of the people in the cabinet as disloyal. Republicans attacked Democrats and liberals as if they supported a Communist invasion. It was a campaign of character assassination. Charges were brought without facts that prosecutors were willing to reveal until the Supreme Court pointed out that it had the obligation to insist on fundamental due process like the right to see the charges and confront witnesses. But at least, at some level, however misguided, it was about patriotism.

Now, a group of armed self-styled militiamen blocked the federal government from charging Cliven Bundy the fee for grazing his cattle on federal land. Then they took their weapons to a closed federal canyon, to open it by force for use by ATVs. They bluntly deny the authority of the federal government. To make it worse, prominent Republicans called Bundy’s refusal to pay for grazing his cattle on federal land, and the armed intervention of his militia supporters, “patriotic.” Read the rest of this entry »


We Will Not Comply

March 5, 2013

Did you hear the demonstrators against New York’s new gun law chanting in unison “We will not comply!”

That’s the problem. Guns allow some of their owners to think that they can define right and wrong and everybody else has to comply. In the hands of some of their owners, guns puff up their sense of self-importance, their sense that laws are written for everybody else but that they are above the law. Read the rest of this entry »


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