Author Archives: Anthony De Benedict

About Anthony De Benedict

More about Anthony: https://www.aculpableinnocence.com/Bio.htm

Standing Rock and Knowledge in the Information Age

A few years ago I walked into my local bakery and engaged the baker in our usual discussion, talking about her daily offering of baked goods and their ingredients. Often this dialogue would range over other topics, like the news of the day. Since I knew she was Native American, I referred to the Obama Administration’s recent settlements of decades old law suits—one for 1 billion dollars involving 41 tribes (4/11/2012) and the other for 3.4 billion dollars addressing US trust violations that affected over half a million Native Americans (11/27/2012). My intent in introducing this subject was to gain more perspective, specifically from a Native American. She did not disappoint. Quickly she pointed out that these monetary settlements cannot undue the moral, cultural, and personal harms inveighed against Indian tribes. Her father, as it happens, was a chief who had actually met then Senator Obama. She was a teenager at the time. She volunteered that the President was a “good person” who meant well, but likely did not understand the core problem, along with the rest of America.

Various legislation actions (such as the Indian Reorganization Act, the Indian Self-Determination Act, and the Indian Child Welfare Act) affirm the status of Indian nations as “domestic dependent nations” under Federal trusteeship. And the financial settlements just referenced only reinforce the status of tribal populations as dependents and devalue them further by equating the indignities they have suffered with monetary remuneration. What Americans fail to understand—including Congress and our Presidents—is that the tribes are not seeking the same citizenship rights of freed African slaves, but the freedom of self-determination as independent nations.

The courts have often ruled in favor of Indian treaty rights. But previous Administrations had refused for decades to settle their civil lawsuits. And Congress had ignored their many grievances for an even longer period, apparently assuming that they should be satisfied with legislation from the 1940’s that acknowledged their right to hold their cultural property and to determine guardianship of their children. But actual reconciliation with these Native Americans requires much more. They demand that their land and its natural resources be restored to them, as well as their right to self-government within its boundaries. There is no better example of their persistence in this demand than the Lakota’s refusal to accept the Supreme Court decision in 1980 to award the Sioux tribes 122 million dollars in exchange for their lands. That award has been held in a trust fund and is now worth about 1 billion dollars. The tribal chiefs continue to refuse any financial settlement in lieu of restoration of their lands. They fought a war, spilled their blood, and signed a treaty with the United States of America to protect their birthright to these lands. Monetary compensation is not any kind of appeasement to them. It is just a further humiliation.

My local baker knew her facts. Of course, they are readily available on the internet. But she could also embellish her knowledge with personal experience, having a tribal chief as a father and having met Barack Obama as a young girl. Like a giddy reporter about to uncover “breaking news,” I asked her how these two men got along. She laughed, “They got along fine, like they understood each other.” Then she added, “Maybe it’s because neither were born American.” Her response jolted me. It was totally unexpected. Naturally, I questioned her meaning. She explained that Obama was a Muslim and was born in Kenya. I tried to correct her understanding. But she insisted that she had found many sources on the internet that corroborated the fact of his birth and his religion. Besides, she explained, various TV news personalities were constantly reporting on the failure of the President to prove otherwise.

What is my purpose in sharing this story with you, my patient readers? Well, it illustrates how much we can learn from each other AND how polluted can be our information sources in the age of fake or insubstantial news. There is no question that my baker friend was sharing what she knew. The question remains, however, how she came to know what she knew. And that question goes to the heart of what we mean by “knowledge.”

In general, we know something as a result of our experience or of critical inquiry. When Descartes said, cognito, ergo sum (“I think, therefore I am”), he justified knowledge of his very existence upon his experience of thinking. Of course, our experience is more inclusive than our thinking: I know the keyboard I am using to write this blog, because I feel it under my fingertips. I also know the speed with which the moon circles the earth because it is mathematically calculable—or so I have been told. We trust our senses every day of our lives. But we never know enough to trust the logic or mathematical precision behind everything we are told. Living in the information age means that we are exposed to many “facts,” “theories,” and “evidence” that we can never really know in the sense of personally experiencing or critically justifying. Instead, we must trust our sources of information . . . or not. This trust is a matter of belief. My baker friend, for example, had firsthand experience of being born on an Indian Reservation and of living in a place to which she was organically connected and from which she was being systematically disowned. But what she knew about the President’s birthplace was based upon her trust or belief in the validity of information available on the internet, inadvertently affirmed by TV personalities, and even touted by such supposedly “creditable sources” as elected politicians.

At this moment, protestors are digging in for the winter at Standing Rock, North Dakota, to stop the last connecting link of a 1,172 mile long pipeline that will deliver half a million gallons of oil per day to Illinois. The point of contention is where this pipeline will cross the Missouri River. At risk is the water supply not only for the Indian Reservation but for many Americans living downstream of that river. Originally, the land transgressed by this pipeline was apportioned to the native Sioux tribes in the Treaty of 1851. But in 1867, another treaty was signed to cede “navigable rights” to the Federal government, to include “roads, railroads, telegraph lines, mail stations, and other public improvements” (italics are mine). The latter could not have foreseen oil pipelines that can provide a unique environmental hazard and, in this case, a health risks to individuals. Since these lands our held in trust by the Federal government, the Obama administration sought to delay construction of the pipeline until these hazards and risks could be reviewed and alternative options identified.** But in September the courts intervened and ruled in favor of the pipeline construction plans. President Obama, who many tribal leaders claim has done more for Indian rights than all previous Presidents combined, has asked for calm, demanding that peaceful protestors not be forcibly removed. Unfortunately, his requests have not been met. Both hired security forces and local constabulary have prodded protestors with attack dogs, rubber bullets, batons, and high powered water hoses. Many arrests have been made. And women—both Native Americans and other Americans—have even undergone strip searches while held in custody.

My question is simple: what do Americans actually know about the crux of this problem: this standoff between a pipeline corporation and Indian tribes; this confrontation between the Federal Administration and the Judicial Branch of government; and this obvious conflict between Treaty jurisdiction and morality. The only time the press has covered this standoff at Standing Rock is when pictures of demonstrators being beaten, bitten, hosed down, or shot are made available. And, of course, the press was quick to interview a movie star who was arrested in the melee. What the press failed to report was a joint statement issued immediately after the court decision by the Federal departments of Justice, Army and the Interior. That statement reads as follows:

This case has highlighted the need for a serious discussion on whether there should be nationwide reform with respect to considering tribes’ views on these types of infrastructure projects. Therefore, this fall, we will invite tribes to formal, government-to-government consultations on two questions: (1) within the existing statutory framework, what should the federal government do to better ensure meaningful tribal input into infrastructure-related reviews and decisions and the protection of tribal lands, resources, and treaty rights; and (2) should new legislation be proposed to Congress to alter that statutory framework and promote those goals.

The second point is most relevant. If you believe, as I do, that Federal trusteeship of Indian “dependent nations” is a treaty obligation that implies an ongoing review and determination of any necessary adjustments, then you must also recognize that obligation implies an underlying moral imperative. In other words, we Americans must demand a legislative response to any nationwide reform proposed by these government-to-government consultations.

Our legislators do respond to public pressure. And the public can be aroused at times to take action—to vote or contact a legislator for instance. We just witnessed 62 or so million Americans elect a new President they hoped would change the way Washington worked. The problem with public action in a democracy is whether it is motivated by passionate and informed positions, or merely by passion. An angry mob can overthrow a government. But an informed citizenry can demand legislative and administrative policies that serve their general welfare and effect real democratic change that suits the time. The key to this proposition is the quality of information provided to Americans. How can we know what to do or support if we only have questionable sources of information? How can we attain some level of certainty in what we think we know?

____________________________________
**This blog was written last night. Minutes ago, a news bulletin reports that the Army Corps of Engineers has denied the easement the pipeline company, Energy Transfer Partners, required to cross the Missouri River. The Corps has honored the President’s request to find an alternative route for this pipeline. This will be the second rerouting. The first was incurred at the request of citizens living in Bismarck. That request was honored without challenge. This rerouting around an Indian Reservation will likely be challenged. It may represent the last shot across the bow by our sitting President. He is about to be replaced in a little over a month by a man who reportedly owns stock in this pipeline company> (Whether he does or not own stock in Energy Transfer Partners has not been substantiated. Energy Transfer Partners is actually a consortium also comprised of Sunoco and Phillips.) The President Elect has already stated he favors building this pipeline. There may yet be more chapters in the telling of this story.**
____________________________________

“Knowledge” is a very broad concept that includes what we have learned, the learning process, and the creditability of what we have learned or believe we know. Given the enormity of the knowledge landscape, how can we have certainty about what we know? My baker’s experience has a personal psychological verification of its truth. And I learned something from her experience because I believed in its authenticity. That President Obama was born somewhere, on the other hand, is certain for it logically follows the self-evident truth that no human exists who was not born. Whether the President was born in Kenya or Hawaii, however, can only be derived from creditable evidence. Even trusted sources can allege “facts” without verifiable evidence. But even when verifiable evidence is provided—such as short and long form birth certificates, relevant newspaper clippings, or the testimony of public officials—some may choose not to belief the evidence or at least question the certainty of that evidence. In addition, much of what we think we know may in time be proven wrong, even though our knowledge is based upon personal experience, belief, or trusted sources. Certainty can seem allusive.

An artificial intelligence can use mathematical logic to answer specific question with certainty. It mirrors human intelligence in this way. It also can deliver highly probable, though not certain, results by canvasing a very large volume of data. In this manner, it not only mirrors, but actually exceeds human intelligence. You see, our database is much smaller and takes a lifetime to develop. As we age, we continuously store our experiences in memory, expand the extent of our knowledge, and mature our understanding of its content. When I was 21 years old, I was really sure of almost everything. Gradually, as I grew in experience, I realized how little I actually knew with any degree of certainty. We all benefit from sharing our differing perspectives. Other than logic and mathematics, no degree of certainty is achieved without a lifelong accumulation of our stored perceptions, of the creditable testimony of others, and of the induced results achieved by the power of our reasoning. Whatever certainty we may attain, then, is dependent upon a learning process that never ends.

We in America are at a turning point in our acquisition of knowledge. The process of learning, as I just described, requires more of us in this age of information. Each of us need to be dedicated to self-reflection, to disciplined evaluation of information sources, and to critical thinking that weighs all aspects of differing opinions. Obviously, we need to be served by honest and in-depth reporting and by elected officials dedicated to justice and freedom for all within our borders. What is happening at Standing Rock is just one example of how far we have strayed from these needs and, as a result, from the promise of our democracy. America is not easy. No nation has ever successfully broken down the barriers of tribal, ethnic, and religious inflexibility. But only by tearing down those barriers will our common humanity emerge. The promise of America cannot be realized unless we constantly strive to learn from each other, insist on fair and honest reporting, and demand responsive government that reflects both our needs and our moral integrity. Otherwise, problems like Standing Rock will continue to undermine our values and the effectiveness of our institutions. Consider where our nation would be today if we had chosen to learn from the Indian nations how to respect the land and become coequal custodians of the American continent. Problems like Standing Rock, or Devil’s Lake, or Black Hills would never have surfaced.

The way in which we communicate and receive information should reflect our desperate need to learn from each other and grow in understanding. Information used to gain influence, power, or financial benefit is propaganda. It serves no useful purpose in helping Americans understand issues like Standing Rock or further the ideals of a democratic and pluralist society. Only when our communication bridges the gap between perspectives, will it bring racial, ethnic, religious, and culturally diverse groups together.

And that coming together is still the unrealized promise of America.

The President Elect’s Challenges

A new President Elect comes to Washington as an outsider, riding a wave of support from the common people of rural America. The Administration he will replace is aghast and, in the words of its Secretary of State, his supporters are “like the inundation of northern barbarians into Rome.”* That Secretary of State was Daniel Webster. And the President Elect was Andrew Jackson. Although “Old Hickory,” as he was famously called, had sought the White House for the previous six years, he had little background in politics and even less patience with the duplicity of politicians. He was, however, determined to alleviate the plight of the common laborer at the hands of a burgeoning industrialism. Like our current President Elect, that determination had to contend with his natural reluctance to leave a well-established home—in his case, a Tennessee plantation. And both men abhorred the hordes of office seekers and publicity hounds that awaited them in Washington. Jackson went so far as to sneak undetected into DC and, on the day of his inauguration, to scale the wall behind the Capitol to make his entrance as clandestine as possible. Mr. Trump’s secretive “comings and goings” between New York and Washington and his use of a private rear entrance into Trump Tower is reminiscent of Jackson’s natural recoil from public exposure of his movements. On the surface, there does seem to be some similarity between these two President Elects. Beneath the surface, we find a very different story.

Although our President Elect only has to fill 4,000 office vacancies compared to Jackson’s 11,000, his transition period is made more problematic by a barrage of media criticism both at home and abroad. Unlike Jackson who had been a Superior Court judge in Tennessee and a United States Senator, he has no public service experience upon which to draw. Moreover, Jackson was the much heralded hero from the Battle of New Orleans, as the general who defeated Wellington, Napoleon’s nemesis at Waterloo, and who effectively won the War of 1812. As a result, he came to Washington with a nearly universal mandate. Our new President Elect does not even have the majority support of the electorate and has no such reputation or public service history with which to leverage acceptance of his policies. Winning a/o maintaining public support may be a challenge for President Trump.

Although there may be similarities in the transition phases of these two President Elects, it is patently unfair to compare an American hero with the controversial character of Donald Trump. Something other than character was operative in Trump’s victory. And therein is a problem both for our President Elect and for our country. Besides lacking a popular mandate, a recent exit poll reported a fourth of those who voted for him believed him unfit for office. In other words, it may be assumed that at least some of those Trump votes were not actually for him, but were simply protest votes. In addition, many of his true believers admitted they bought into the native flamboyance of his character and his generic promises for change. They voted for him in spite of his lack of specificity and his more outlandish rants and hyperbole. Naturally the enthusiasm he generated amongst his supporters attracted an inordinate amount of media attention. But the same media that was so enthralled with his enthusiastic rallies and with the extravagance of his lies and conspiracy theories will now be prepared to criticize his every word and action—just as they did with his predecessor. Even as President Obama is preparing to leave office, the often liberal leaning MSNBC asked its viewers whether Obama was responsible for Trump’s victory. As preposterous as this question may seem, it is emblematic of a media obsession with finding fault in whoever holds the office. President Trump faces an unremitting adversary in the commercially supported media which tends to cater to the public’s eager consumption of “lies, sex, and videotape.” Mr. Trump has already wet this appetite. The press will be unrelenting in their attempt to feed this hunger. Securing press support for his administration, even from the conservative leaning FOX network, may prove to be a daunting challenge for President Trump.

I am not, as you may have already surmised, totally buying this comparison of Trump to Jackson. It was initially made by a political commentator in one of those 10-20 second soundbites. Besides the similarities I have noted, this commentator also proposed a similarity in character. He felt both men were similar in their ability to fight for their beliefs and personal honor and to inspire a movement. Regarding their respective pugnacity, Andrew Jackson was certainly a man of integrity who never backed down from a fight and, in tune with the honor code of his time, even took a bullet in the chest to defend the reputation of his wife. And Trump may be, as he explained, a “counter puncher.” But he seems to defend his ego more than any principle or respect for another. Regarding their respective movements, Jackson’s social cause was about the application of Jeffersonian ideals to the labor dislocation of the 1820’s nascent industrialization. His politics were nuanced to the times, on the one hand fighting Hamilton’s American system and at the same time welcoming Federalist support from the Supreme Court. In other words, his politics were anchored in the Constitution and our founding principles. Trump, by contrast, would appear to trample on the inalienable rights outlined in that document as I argued elsewhere in “Politics and the Illogic of the Heart.” His business acumen may have served him well in private enterprise, but its self-serving nature offers no platform for launching a selfless public service regime. His company is already engaged in a string of civil lawsuits. In fact, his post-election affiliation with his business enterprises, as currently planned, presents serious conflicts of interest that will likely run aground of the law. President Trump may well face Federal indictment as a result. Unless he establishes a blind trust, his ongoing business ties will present a serious legal challenge for President Trump.

Our President Elect’s avowed policy “leanings” may be well served by appointing to the position of Attorney General a former civil rights antagonist and supporter of torture, to National Security Advisor a Turkey lobbyist and outspoken advocate for Islamophobia, to Chief Political Strategist an alt-right activist supported by white supremacists, to Director of the Central Intelligence Agency an advocate for resumption of torture and unrestrained surveillance, and to Director of the Environmental Protection Agency a person who thinks climate change is merely a hoax. Currently, among the possible choices for Secretary of State, he is considering a Russian lobbyist. Considering his previous statements in support of Vladimir Putin and his complementary remarks about Putin on RT’s (Russia Today’s) telecast, it is not unlikely that our President Elect will choose somebody that mirrors his tendency to seek some kind of rapprochement with Russia. By allowing the stated policy preferences of these appointments, he would be undermining fundamental American values and any constructive role in foreign affairs. Earlier in “There are Five Stages,” I stated my hope that the President Elect would impugn his campaign positions; instead he appears to be doubling down on them. These appointments could spell disaster for America and may already be one of the greatest challenges to his Presidency.

Prior to any consultation with the State Department, he has already had a conversation with Mr. Putin. Perhaps in the future they might work out a “compromise” where Russia would agree to join the United States in fighting Daesh and limit its annexation of sovereign territory to Crimea and Eastern Ukraine in exchange for joint acceptance of Assad as President of Syria and of unfettered Russian interference in the Baltic States which it considers its historical sphere of influence. Although hypothetical, this type of “rapprochement” is well suited to our President Elect’s stated positions with respect to Russia. It is also antithetical to America’s current foreign policy, to NATO’s charter, and to the international coalitions America has formed with western democracies. President Trump would face backlash from many nations with whom we have partnered for the last 70 years. But he may count as a positive that not only Russia, but even North Korea has expressed support for his Presidency. If his foreign policy continues in its current direction, America would face increased isolation in world affairs and may well facilitate the dissolution of the Pax Americana.

But perhaps our new President Elect will find a threat to his tenure in office of greater concern than the challenges enumerated here. Paradoxically, the most severe threat that may face President Trump is from his own Party. As many have stated, he is more pragmatic than ideological. His Republican “conservatism” is suspect on many issues, as shown during his primary debates. Also, he violated the Reagan oath to never criticize fellow Republicans. In fact, during his campaign, he alienated many Republican leaders, including the Speaker of the House and the Senate Majority Leader. The latter are the very people who would prosecute an impeachment if Trump failed the challenges put forth here, most especially any domestic legal charges or serious foreign policy mishaps like a conflict of interest or collusion with a foreign power. Having won the election, he appears to have regained support of nearly all Republican officeholders. But that support is opportunistic, not organic. Beneath the surface, there still lurks a smoldering distrust of his Republicanism.

Now you might think a Constitutional confrontation between the branches of government would be remote. But it was only eighteen years ago when a Republican Congress attempted to impeach a President for perjury and obstruction of justice because he lied under oath about a consensual affair he had while in office. Remember “I never had sex with that woman.” His only defense was what he thought sex “is,” thereby incriminating a defenseless intransitive verb. Compared to President Clinton’s failure with his personal challenge to marital fidelity, President Trump’s potential to fail before much greater challenges elicits risks both to the general welfare of all Americans and to America’s status in the world. If he should fail here, impeachment might not only be justified, but it would be politically desirable for the Republican Party. The current Vice President Elect is a very conservative Republican who served for twelve years in Congress and considers the Speaker a personal friend. Republicans would readily welcome him in place of an impeached President Trump.

Remember General Othello was undone by his trusted ensign. In the house of cards Donald Trump is building, there are many possible Iagos.

*As quoted by Marquis James, in “Andrew Jackson: Portrait of a President,” p. 181.

There are Five Stages

On the Late Show last night, Stephan Colbert referred to the five stages of grief: denial, anger, bargaining, depression, and resignation. Like our fellow Americans across the country he seemed still in the early stages. The spontaneous mass demonstrations in many of our largest cities last night would seem to be there with him. After reading my last blog (“Optimism for a Trump Presidency?), you might have guessed I was in the third stage of grief. Its final question mark was both an expression of my doubt and my hope. The combination of the two spells out “anxiety.” Gamely, I tried to see this election in an historical context. After all, our country has weathered many storms. This morning when I awoke, I realized a difference in my general attitude: the beautiful fall day outside did not frame my mood, nor did the prospect of making breakfast. Normally I bounce out of bed filled with expectations and plans for the day, beginning with a creative, healthy breakfast and a cup of coffee. Since I am not a person who abides depression, I struggled to find a path forward. Then I listened again to the President’s remarks yesterday about the smooth transition of power this democracy demands. Encouraged, I turned off the DVR, switched to live TV, and saw the most unlikely picture I could have imagined: the champion of the “birther movement” sitting next to the “Constitutional professor-in-chief.” Surreal, right?

When I heard the President Elect pronounce his respect for the President, my mind immediately began replaying all the disrespectful statements made over the last several years. Then “the Donald” said the words that must drive a portion of his constituency absolutely crazy: he intends to consult with the President often both before and during his Presidency. After their anticipated 10-15 minute meeting that stretched into an hour and a half, he was convinced he would need more advice from the man he would replace in office. And, of course, the President freely offered his service—even joked with his successor as he called an end to their brief press conference. I, meanwhile, sat back in my chair and drank another sip of coffee, asking myself what just happened in the Oval Office—and in me? Welcome to the fifth stage of grief!

Both Party primaries had a strong bench of candidates. I would have preferred Kasich as the Republican nominee. I believed Clinton was the most prepared and qualified amongst the Democratic nominees. So, I begin my post-election recovery deeply disappointed in the outcome. Nevertheless, as an American citizen, I want our President Elect to succeed. Unfortunately, he carries a huuuugge burden with him into office. That burden is his words and actions during the campaign. The media often promoted the equivalency of the mud-racking on both sides without always acknowledging the source of Clinton’s harangue. Her main witness for the prosecution of her claim of his unfitness and incompetence was Donald Trump. The new President Elect will have to spend a great deal of his time and political capital impugning this witness. Many of his supporters have said they disregarded his more outlandish statements as mere hyperbole or showmanship because they believed he wanted to bring real change to our government. Now they will witness the fact that many of the things he promised cannot and will not be done.

What he could do—such as signing a bill to repeal Obamacare or reversing all of the President’s executive orders, as he promised—would create mass confusion in our institutions, international repudiation of American leadership on climate change along with so many other Presidential initiatives, and a universal outcry of anger and rejection of his Administration by even the citizens who voted for him. In other words, our President Elect carries into office the weight of a very nasty 19th century style campaign into an office represented by a 21st century President who transformed it with his decency, reasonableness, and steady hand.

The contrast between these two men could not be more clearly drawn. Even when I disagreed with the President, I appreciated his willingness to admit his mistakes—like the ineffective diplomacy after the initial Libyan bombing or the collapse of Obamacare’s risk pool. After his reelection, he was in tears when citing his unworthiness of the dedicated support he received from young admirers. His humility was real, because it was never stated as such. The campaign version of his successor once attested to his humility in an interview with the words, “I am very humble; I’m more humble that you can even imagine.” The very definition of humility negates this attestation. My point in quoting him is to stress his need to leave ego at the door of the Oval Office. No President is without flaws. But only the successful ones can admit and learn from them.

Donald Trump must outgrow his campaign self and become the humbler, eager-to-learn President Elect who will serve the interests of all Americans and strive for the highest standards of the predecessors before him. President Obama leaves an office he has imprinted with his personal style, decency, and moral character. I want that office to imprint its expectations for moral, reasoned, and compassionate leadership on our new President Elect. Finally I have reached the final stage of grief, for I am resigned to a Trump Presidency with just one caveat: if the stature of the office does not change him, then he will not be worthy of it.

Optimism for a Trump Presidency?

Yesterday I wrote, “Sometimes our personal perspectives can become out of context with reality.” These words resonate truer today for proving me wrong. Earlier in a blog entitled “A Prescription for Change” I stated the case for the rural vote that has determined this Presidential election. I just underestimated how many rural and obviously not polled voters came forth to cast their vote for the change they wanted. I wrote,

“Overlapping with these racial and ethnic divides are social economic factors that further define both the diversity and contention within America. The mobility inherent in our system has allowed people to concentrate within communities of similar ethnic and social economic identities. It is this concentration phenomenon that has given our political parties the inspiration to develop gerrymandering into an art form. The rural/urban divide, as a result, seems to largely define Party alignments. Population centers like our major cities have no more voice in the House of Representatives than much less populated rural, districts. Should we be surprised that our diversity supports contention in Washington along the lines of race, ethnic origin, and urban/rural communities of like-minded perspectives? Both divisiveness and cultural diversity are very much a part of our context.”

In the past I have written about the cross pollination of liberal/conservative strains between our two political parties. This particular election reminds me of these intermingled strains and of a previous election 176 years ago. In the election of 1840, Martin Van Buren, an incumbent President who had previously served as Andrew Jackson’s Vice President, succumbed to William Henry Harrison, a candidate whose positions were little known and whose status as a victorious general was suspect. The motto for Harrison’s campaign was the memorable line “Tippecanoe and Tyler too.” Tippecanoe was the location where General Harrison was alleged to have won a great military victory. But, in truth, that purported victory was a lie and Harrison’s “hero” stature, a sham. President Elect Trump also had a catchy slogan, “Make America great again,” and promoted himself as a great businessman, while hiding a nearly one billion dollar lost and all subsequent tax returns. In that 1840 upset election the Jacksonian banner, which Van Buren represented, lost to a candidate who represented little more than his brand as a hero. But the parallels between 1840 and 2016 are only on the surface. Certainly, Hillary Clinton presented herself as an extension of Barak Obama, but the President’s policies have only a partial similarity with Jackson’s. Both were “change” candidates. Although Jackson blew up the American banking system that Hamilton had in part envisioned and pushed legislation to control the budding corporate entities, he was also a strict Jeffersonian in his support of state’s rights and a limited Federal government. On the other hand, he was for unions; and was strongly supported by the “locofocos,” the outspoken unionists of his time who also composed the more liberal wing of the Democratic Republican Party. Harrison, by contrast, had no track record on policies. More than this superficial analogy between the 1840 and 2016 elections is the similarity in emotional response. The 1840 election was apocalyptic to Van Buren supporters and to the Jacksonian movement. This morning I saw in the many crying and grimaced faces of Hillary supporters the same reaction to a crushing lost.

Nevertheless both Hillary Clinton and the President addressed the nation today with a message that was not apocalyptic, but hopeful. I feel American history supports their hopeful rhetoric. Remember it required two Republican Presidents to open constructive dialogues with communist China and Russia. And it was Obama who finally moved us closer to universal healthcare by establishing the Heritage Foundation’s mandated healthcare first proposed by Republican Senator Dole. Now we have President Elect Trump who once proclaimed he was in favor of a single payer system. Although the very idea of a truly universal healthcare system is anathema to mainstream Republicans, their nominee for President does not appear controllable by his Party establishment. He has consistently shown himself to be his own man. Also, whereas Clay and Webster supported Harrison as their puppet, Bennett and Ailes may not have as much influence as they did during the campaign. Apart from his abortion and immigration stance, there is little in Trump’s pronouncements that favor current Republican positions. He certainly is not a free trader and more Libertarian than Republican on international engagement. For the most part, our new President Elect’s specific policies are largely unknown because he is a neophyte on the national and international scene. If he leans too heavily on his appointees, he could become a mouthpiece for their positions. But he tends to be unscripted. He claims to have “great judgment.” Well, he can prove the quality of his judgment by listening to all sides of an issue from different perspectives. I think it will be imperative for leaders of both Parties to impress upon him the need for bipartisan consultation. And it will be even more imperative for the groups left out of the Trump coalition to speak up and make their voices heard.

Rural Americans have spoken. What will President Trump do to address their concerns? Other minorities’ voices from Asian, Latino, African American, Muslim, and Native American have also spoken. Although not part of his constituency, will President Trump attempt to listen to them as well? The Alt-right has claimed Trump’s victory as its own. Will President Trump give an ear to them or to the concerns of moderate Republicans? The international community has symbolically shown its reaction to Trump’s victory in crashing markets around the world. Will President Trump assure the world that America will continue to act responsibly on the world stage and continue its constructive leadership? At least, he has begun to address this last question. For the rest, we can only hope and see.

In the last paragraph of “The Case for Optimism,” I stated “. . . there really is no other alternative.” Optimism, I believe, is a quintessential American attribute.

The 2016 Election in/out of Context?

Between 2005 and 2006 I researched and wrote a work of historical fiction entitled “A Culpable Innocence.” There would seem to be no reason for me to recall that book’s storyline during the waning days of our current Presidential election campaign. But I find a parallel between Regis Fallen, the book’s protagonist, and the current state of a significant portion of our electorate. That parallel is a comparable disengagement from the underlying currents of the time and from any sense of personal responsibility to understand and participate in those currents. In Regis’ situation, I depicted his initial perspective on his life’s trajectory as completely out of sync with its actual context. Although his story takes place during the Vietnam War and the racial unrest of the sixties, he is oblivious to the significance of that war on his life and unable to decipher his conflicted feelings for a woman of color. His predominate focus was on his career and the promise of his personal entitlement—that is, the “American Dream” or the opportunity any white male of that era might have for self-fulfillment and personal enrichment. But the draft shattered that dream and forced him to face the reality of war and of a love constrained by a prejudice sown into the fabric of his consciousness. His life became meaningful only when it opened to the reality that surrounded him.

Sometimes our personal perspectives can become out of context with reality. In many ways, this elongated election campaign seems to have driven many Americans deeper into their preconceptions, fears, anxieties, and compulsive defensiveness. While one campaign focused upon the white population—and more specifically on white males—the other drew support from every corner of the population. The reality, of course, is that America is a pluralist nation, more so than any single nation in history (excluding empires composed of many nations). The convergence of this myopic focus and the misconception of our polity’s composition inevitably agitated a suppressed tension within the electorate. Mr. Trump, for example, seemed compelled to denigrate the non-white segments of the population to arouse his base. At the same time, he had to disqualify his opponent as a spokesperson for those other segments—which he incongruously termed “the elites.” The only way to justify this narrow-minded perspective is to exasperate the fears and anxieties of white voters and to convince the rest that they too are victims of an unjust system. Perhaps they might become so disenchanted that they simply would not vote. Then the faction to whom Trump could relate would vote him into office. This is a compelling strategy we have seen successful in recent European history. But we are no longer European expatriates. We are Americans. As such, we are composed of practically every race and national origin on the planet. What makes us a nation is not the color of our skin or the heritage of our immigrant forefathers, but our commitment to the rule of law and the governing structure and values outlined in our Constitution. Mr. Trump does not understand this American context. It is a different kind of reality: specifically, it is a motivating ideal. Our history has shown how often we have fallen short of that ideal. The Civil War, women’s suffrage, civil rights law, voting rights law, and the successful—though problematic—assimilation of various immigrant populations all give evidence of our difficulty with forming a “more perfect union.” Nevertheless, America continues to strive towards its ideal. And that striving IS our context.

Mr. Trump cannot and could not change this American context. But he has torn the scab off a wound that has fettered over the last several decades. Paul Waldman has written about this in his Plum Line blog. He outlines how recent proclamations of “total war” from Republican Party operatives threaten our democratic republic. Although I do not believe these proclamations express the opinion of most Republicans, they do represent an outgrowth of what has been brewing beneath the surface of Republican politics for a very long time. Perhaps it began with the Republican insurrection against President Bush in the early 90’s. Certainly, it broke the surface of political propriety during the impeachment of President Clinton. And during the last eight years under President Obama, it developed into a full blown exhibition of anti-democratic nihilism. How else would you describe the actions of a Republican controlled Congress that would shut down government, that would threaten to destroy the financial stability of our nation, and that would undermine the working viability of our Supreme Court in order to appease a constituency who hold a minority viewpoint within the body politic? These are the desperate measures of a failing Party trying to hold onto power at all costs. The irony is that many Republicans have expressed their dissatisfaction with Republican leadership during the Republican Primaries. Unfortunately, the outsider who won those Primaries is an opportunist who took advantage of this dissatisfaction without offering any real resolution to the Republican dilemma. But his undermining the Party is not the answer. Redirecting it is. After the 2012 Presidential election, Republicans analyzed why they lost and recognized their need to represent a broader constituency. This analysis promoted the “big tent” objective. But they never acted on their own analysis. Instead, they seemed trapped in a reactive impulse to our first black President. Here was a man who was educated, articulate, and politically savvy who could also sing and crack a joke. His wife was equally endowed and beautiful, though not in the typical Caucasian manner. And could she ever dance! Together they challenged white Republicans to break out of their preconceptions and accept this power couple as representative of American diversity. They unfortunately failed that challenge and deserted their “big tent” direction. And they made President Truman’s “do nothing Congress” a paramour for legislative achievement by comparison, failing not only America but fellow Republicans as well. As I have written in previous blogs, the Party opened the door for Trump to highjack it and profit on the discontent of its members.

As I write this blog, I do not know the results of this Presidential election. But what I do know is that Americans are fed up with the uncompromising gridlock in Washington. We are demanding that the Parties work together in our interests. Although it is conventional to ascribe the problem to both Parties, let’s be honest: only one Party has failed to consider the general welfare of all Americans. Of course, there are different approaches to the problems that beset us. But the Republican leadership, sometimes supported by the media, has spouted a false equivalency in finding blame. The fact, as represented in its own analysis, is that the current rendition of Republicanism does not represent the plurality of the American electorate. They have resorted to clinging to power through gerrymandering, voter suppression, meaningless symbolic repeal votes, and law suits designed to logjam court dockets in the hope of delaying or killing executive actions. The Republican Party can do two simple things to turn around these useless and anti-government tactics: develop constructive legislation that address the needs of a majority of Americans; and negotiate with Democrats in order to find the common ground upon which both Parties can compromise. Republicanism cannot continue to ignore the general welfare of our pluralist citizenship. And it cannot continue to define its avowed “conservatism” as an ideology that ignores Constitutional precepts and the family values of ALL its citizens. When a Republican office holder wraps him/her self in the mantel of Reagan, I cannot envision the Ronald Reagan they invoke. Not only is the current Republican Party not representative of Lincoln. It is not Reagan’s Party either.

In closing, regardless of the outcome of this election, we must all encourage the Republican Party to reform itself and to begin addressing the needs of all our citizens. The vitriol we witnessed in this election is symptomatic of a potentially fatal disease for any democracy: disassociation between the electorate and its elected representatives. In order to cure America of this creeping malady, we must restore our common vision of America, break out of the chains of obstructive perspectives and ideologies, and rejoin the 240 year old evolution of our democratic republic. Remember we Americans will forever be striving to “form a more perfect union.”

The Fallen Leaves

A stem that barely shows in the spring
By summer becomes a fully formed leaf
That dances to the gusts of early fall
Until breaking free it escapes with the wind.

Then it cavorts like a brazen butterfly
Until tumbling onto the cold dry ground
Where it breaks apart to nourish the trees
That will grow new leaves for the coming of spring.

The old man totters on his cane
While pondering his life and tightening his scarf
He steps unsure, as he crushes underfoot
The last spring’s plenty into next spring’s hope.

Reminding himself that “winter’s approaching
And I’ll need to stay warm to see the spring,”
He has only his cane and scarf to bring
His final flight to a graceful ending.

The footprints he makes in fallen leaves
Will not remain but be swept away
Along with his past and spoken words
Except for what he wrote in truth.

There are roots that feed on truth – he knew –
His life had shown what might come forth
For whatever lies underfoot will sprout and renew
For all awaken to light and warmth.

10/17/2016, AJD

Politics and the Illogic of the Heart

This Presidential election has been an unsettling experience. In an unexpected way, it reminds me of my initial introduction to philosophy. The head of the philosophy department taught that first class. Its subject was logic, a real mind twister; and he was more than an intimidating presence. After our first test, all but one of us flunked, making his class seem even more daunting than before. Ironically, by the end of the semester he became my counselor. As I became more comfortable in his presence, I eventually developed enough nerve to ask him why he was so tough with us. His answer: “Logic is the bulwark of the critical thinking so many of us lack.”

It seems to me that this election season has really tested our critical thinking and muddled our logic. For example, the most common error in logic is the invalid premise. If you accept the premise that an arithmetic solution is inarguable, then the solution 2 + 2 = 4 must be inarguably correct. But what do you conclude from the syllogism, “I am a liar, but I’m telling you the truth.” If the premise is true, then the “truth” being told may be a lie because “I” am a liar—or not. For if the premise is false, the “I” is a truth teller whose statement about being a liar is itself a lie. The result is a circular argument where neither the “I” nor the “truth” being told can ever be resolved as liar/truth teller or lie/truth, respectively. But what if, in real life, the liar is shown to be a liar who is believed to be telling the truth? Oh my, then truth may come out of the mouth of a liar. Perhaps belief in the liar preempts the need for logic.

By now, most of us should have come to the conclusion that we cannot or should not accept as true anything based upon a false premise. For example, Hillary Clinton cannot be punished as a criminal if no criminal act can be attributed to her. Likewise, there can be no conspiracy to deny Donald Trump the presidency if there is no evidence of such a conspiracy. But what if crimes and conspiracies have actually been committed without any attribution or evidence to prove the case? Oh my, then crimes and conspiracies can exist without anybody knowing about them. Perhaps something other than logic is at work here.

Fortunately, my philosophy studies so many years ago also included ethics. The professor who introduced this subject summarized how most people deal with the matter of ethics and morals: “It all depends,” he would say, “on whose ox is being gored.” You see, if a politician can convince you he tells the truth, even when he is exposed as an inveterate liar, then you will probably not accept any evidence to the contrary. If that politician can convince you further that crimes and conspiracies are prevalent without any supportive facts or proof, then you will be inclined not to accept any evidence to the contrary. Your conviction is not based upon logic, but what you believe to be true regardless of evidence or facts. That belief is your “ox.” And it has moral authority because you have made it so.

Now PolitiFact has just awarded Donald Trump its “Lie of the Year” award. But its website could not single out any one lie since 76% of the Trump statements tested were all lies. So it made Trump himself as the lie of the year. Nevertheless, his supporters seem to follow him blindly whether they believe he is truthful or not. For some, it seems to be a moral conviction that compels them to believe his lies. For others, it seems to be the force of his personality that compels them to follow him in spite of his lies. Once so committed, the man himself becomes the “ox” that must be defended at all costs.

To put the case bluntly: there is no logic behind the rise of Trump or “Trumpism.” The latter is itself a fiction for it defies definition. What Trump represents is not an ideology. He speaks only to those who want to believe in him. “Why,” you might ask. Well, as I began to intimate in my earlier blog, among his supporters are people whose grievances have not been addressed by either their representatives or the institutions of our government. Trump presents himself as their savior, the leader who alone can fix all that troubles them. He is a projection of the remedies too long withheld or, worse, promised and never delivered. He has played on the fears, the disappointments, and the resentments of those who desperately need to believe in anyone who can deliver them from their angst. His appearance at this time in American history is significant and, more importantly, opportunistic. If Mr. Trump was not being opportunistic, he would have already built a credible case for “building a wall,” outlawing Muslim immigration, “bombing the hell out of terrorists . . . eliminating their families,” and reestablishing the practice of torture. But he has not done so. The logical arguments against these propositions have been well established. It would be tedious and practically superfluous to repeat them here. As he has shown repeatedly, what he says or who he discredits makes no difference to his supporters. They are fixated on him. History has many examples like him. Perhaps it would be unfair to draw the obvious analogies, for he is more of an American euphemism than a European radical. He is our “Shane,” the gunslinger who comes out of nowhere to clean up the town of bad guys. If elected, he would be Gary Cooper in “High Noon,” the sheriff who takes on the riff raft without support of the town “elite” or even his deputies. He casts himself as the American hero who can single-handedly save the country. He declares, “I alone can fix it.” He does not ask his supporters to believe in his ideals—like Obama—or in his policies—like Clinton—but in him. He often punctuates his declarations with their only justification, “Believe me.”

You might ask how this Trump phenomenon came along at this point in our history. Well, I believe the Republican Party paved the way for his “coming.” Some years ago it made a devil’s bargain with its far right constituency: it has blocked everything this constituency abhors while denying them any of the benefits of reasonable governance. Those benefits could have and should have represented true “family values” like support for education from kindergarten through junior college, tuition aid for lower and middle class families, paid family leave, a minimum wage increase, infra-structure investments, promotion of clean air, water, and soil programs, a simplified tax structure that favors family wealth creation, and targeted training programs for the unemployed. The “family values” the GOP did support, however, are neither favored by a majority of Americans nor by Supreme Court decisions that interpret our Constitution, such as universal prohibition of abortions, of access to critical public services for undocumented immigrant residents, of LGBT rights, and of gay marriages. Even if the “rightness” of these propositions is set aside, is it not clear that the GOP is out of sync with the majority of the electorate? And how did its support for one of these strongly held, minority positions justify shutting down the government and refusing to compromise on legislation by attaching “poison pill” amendments or, in other cases, tabling bills in committees? How did the GOP think it possible to justify these positions on Constitutional grounds? The First and Ninth Amendments taken together guarantee the free exercise of religion without “denying or disparaging” the rights of others. So a person whose religion determines that abortion is a sin is absolutely free to refuse abortion, but not to deny another the right to do so.

The “inalienable rights” mentioned in the Declaration of Independence have been the guiding star by which America has extended civil rights and personal freedom to so many who were initially deprived at its inception. Those rights have been defended and explicated in the Thirteenth, Fourteenth, Fifteenth and Nineteenth Amendments. So both the historical interpretation of the Constitution and an American majority have not only abolished slavery and involuntary servitude (13th Amendment) but have consistently supported extending the rights of citizenship—that is, “those inalienable rights”—to all “persons born or naturalized in the United States” (14th amendment) without denying or abridging them “on account of race, color, or previous condition of servitude” (15th Amendment), or “on account of sex (19th Amendment).” Does it not seem logical that our legislators would find a path to citizenship for those undocumented immigrants who have worked hard, obeyed our laws, and raised their children among us? Is there not an historical imperative for America to grant them their “inalienable rights”? Both our history and our Constitution would seem to make this imperative obvious: they demand a path to citizenship for these immigrants. But the GOP has ignored American history and the impetus of its founding documents. Instead, it has successfully created an evidence and fact free zone for Mr. Trump to fill.

Trump’s singular talent was his ability to fill the vacuum created by the Republican Party and to win the Party’s nomination by doing so. Further, he was clever enough to recognize how easily he could manipulate the American press. For decades, serious journalism has been gradually pushed out of the mainstream news outlets in favor of celebrity gossip, scandals, and abbreviated capsulations of more nuanced issues. Mr. Trump is a news celebrity wunderkind whose background is a tabloid dream and his sloganized campaign, a catch phrase headline absent the need for a supporting article. Cable news in particular covers every word out of his mouth while it rakes in millions in sponsorship as a result of increased viewership. But it would not be accurate to attribute this interest in Trump’s campaign to his politics. His supporters are not political junkies, but fans. The words “fan” and “fanatic” come from the Latin fanaticus, which refers to the frenzied behavior inspired by a deity at a temple feast. Of course, Trump is no deity, but he does inspire frenzied devotion at his rallies. The feasibility of his political agenda—like building a wall that Mexico will pay for—is not what inspires his fan base. He is.

I find it interesting that Trump has tried to divert attention away from his womanizing by touting former President Clinton’s misadventures. Hillary’s husband was impeached for lying under oath about his consensual sexual relations with a young intern. The irony is that he left the Presidency with a very high approval rating. His “fans” accepted his heartfelt apology and forgave him his errant ways. He became their “lovable rogue.” In somewhat like manner, Trump has captivated the favor of millions of Americans. Both men prove my point about the influence of personality and celebrity status on our electorate. Some of us are too easily seduced by the illogic of the heart. The problem, of course, is that our democracy depends upon an informed electorate. We are not voting for the next “American Idol,” but the leader of the free world and of the oldest democracy in history. The trust we place in a candidate cannot be based solely upon personal appeal without regard for character and sensible policies. More is required of us as American citizens. The founding fathers knew the experiment they created with a democratic republic would fail if its citizenry became ignorant of our Constitutional values and unable or unwilling to elect representatives who could support those values.

To my nearly 5,000 subscribers, I must apologize for departing from my usual Socratic approach and stating what is probably obvious. I will be voting for Hillary Clinton. Of course, I cannot tell you how to vote. But I believe Donald Trump does not deserve to be President. Further, I believe Mrs. Clinton presents the best opportunity to restore our two-party system. If she will but compromise on her agenda, she can provide the Republican Party a way out of the quagmire they have created for themselves. She has shown in the past her willingness to compromise. And the time for compromise has never been more urgently needed since the period just before the Civil War. Both Parties have an urgent stake in reforming the tax code, campaign funding, and entitlement financing, as well as in securing America from external threats. We Americans are demanding a government that works. Although Mrs. Clinton is a liberal, she is not the liberal icon Republican leadership has fought for the last eight years—much to their own demise as an effective political counterpoint. Of course the two Parties have widely different views on the state of the economy, income inequality, immigration, voting rights, and so much more. But, if they can come together on some things, it opens the door to the rest of the issues that relate to the general welfare of all Americans. Any constructive dialogue on these matters would help restore faith in our elected representatives and demonstrate that our Constitutional framework is still workable. Mr. Trump’s authoritarian approach, however, is out of step with a democratic republic and promotes a cult-like following that is contrary to the informed electorate required in our system of government. He must be soundly rejected.

Vote wisely, my friends.

How to Make America Great Again

What is the intent of the two slogans that attempt to summarize the themes of this presidential campaign? “Make America Great Again” presumes a return to a former greatness. The campaign it references seems to appeal largely to middle class white voters, especially to the male component within this group. “Stronger Together” presumes not only a diverse electorate, but one divided that needs to be united. This sentiment is intended to appeal to a wide range of constituents from college educated and upper middle class professionals to women, minorities and the poor. Interestingly, neither campaign seems to target publically the very rich or large corporations, except for fundraising. The latter is done mainly in private sessions closely guarded from public disclosure.

Many political savants have claimed that national elections turn on the state of the economy. If true, then the shrinking of the middle class, most especially the blue-collar worker, might explain why Mr. Trump’s supporters reject “politics as usual” and distrust other groups such as the opposing Party’s constituency. Issues that benefit that constituency such as tuition aid, immigration reform, expansion of healthcare, and reform of inner city governmental programs are not only of less concern but more often adverse to this group. Moreover, the white male blue collar worker has suffered disproportionately from the Great Recession and likely harbors deep resentments to other groups. The rich, for example, have prospered more than any other group from the recovery and promote their interests unheeded and unimpeded within the halls of government. Meanwhile, the poor just had the largest upward mobility ever recorded for a single year (2014). The professional or college educated is at least better positioned for higher paying jobs. And minorities have continued to increase their assimilation into the American economy. Although the white middle class may still represent the largest single voting bloc, both politically and economically it is losing its influence on America’s future. With the ground shifting beneath it, this group is more likely to fear the future, support any reconstruction of the past, and resent any Party or candidate that opposes it. Hence we have the anti-establishment and anger-filled faux revisionist movement of “Trumpism.” Nostalgia for a more empowered past trumps hope for a better future.

The anger and angst that fuel popular movements are fertile soil for demagogues. But these movements have underlying causes that any society would have to address, especially a free society. Opportunists see these movements as stepping stones to power. Democratic idealists see them as causes de la journée or causes of the day. Defeating Trump’s supporters in an election will not resolve their issues or concerns unless we actually address them. As a free citizen in this great democracy, allow me to humbly suggest a course of action.

_________________________________
1. Assure job training and career opportunities in advance of job displacements caused by globalization, technology and new trade agreements.

The costs of goods are generally cheaper in America than in Europe as a result of globalization and free trade. Our jobs and routine activities have become more productive because of technology. But not everybody has benefited from these lifestyle enhancements. Those whose jobs have been displaced suffer not only from lost income but also from the absence of opportunities. At the minimum we can address the latter. Should we instead close the door to these engines of growth to protect the jobs they displace? Should we reverse not only the benefits they bring to civilization but also their role in reducing world poverty? If you answer in the affirmative to these questions, then your view of progress is very myopic. Of course, it is no easy task to find replacement jobs for coal miners whose industry is less needed to power America. Nevertheless, the difficulty in finding jobs for these miners is no justification for ignoring their predicament. Job training is an option.

Moreover, since much of this job displacement is foreseeable, it can be addressed before it happens. For example, The Trans-Pacific Partnership Agreement (TPPA) may still be approved, or less likely renegotiated and approved. What jobs will it affect? And what can be done by Government now to provide job opportunities/training for those so affected? I do not believe the wheels of progress need to be reversed. But we must address the consequences of change, especially when they are foreseeable. Free trade usually involves “give and take” between multiple parties. As in any agreement between parties with different interests and needs, America will not win every concession it wants. Whatever deficiency exists in a trade agreement must be addressed by our government. NAFTA was renegotiated. Much of what we learned from its failings was applied to the TPPA negotiations. What TPPA still may lack must be addressed, just as American schools are attempting to address student preparedness for the technology revolution by enhancing the math and science curriculum. Foreseeable change should never catch us unprepared. The critics of TPPA, for example, must provide a specific argument to either reject this trade agreement or specific remedial actions to facilitate its acceptance.

2. Separate the issue of immigration reform from undocumented immigrants already assimilated into the American workplace and culture. These are two different, though related, issues.

Much of America’s advantage in the world economy is based upon its more youthful workforce as compared to Europe and China. That youthful workforce is largely due to the influx of immigrants. Why would any politician advocate the removal of this workforce? Economically, such an advocacy is illogical and, for some advocates, xenophobic as well. For those peacefully assimilated and working in America, their undocumented status is an issue that needs to be addressed. They are excluded from political representation in our communities and too often victimized in our labor force. As a result they are easily stereotyped as “illegal” and “alien.” They are neither. In fact, they are undocumented immigrants like the first settlers of America. Rather than deportation, the only realistic solution to this issue is a path to citizenship and to equal opportunity in an expanding workforce. The Senate bill that addresses this issue appears to have enough votes to pass the House. But its provision of a path to citizenship offends a minority within the Republican Party. Politically, Party leadership is afraid of those who oppose it. Reasonably, there is no excuse for tabling it.

Strengthening the borders is also part of this legislation; but, frankly, I believe more needs to be done. It is not a bigger or more extensive wall that is needed. We have already spent billions of dollars on physical barriers and made border control the largest law enforcement agency of our Federal Government. But what have we done to make visa applications more available? The application process allows the U. S. Government the opportunity to properly screen applicants. We should have ample auxiliary consulates throughout Mexico and South/Central Americas to service visa applications. The problem at our southern border does not originate at the border. Just as NAFTA reduced border crossings by supplying jobs in Mexico for its citizens, a more expansive visa program could further reduce these border crossings where they originate. Maybe we should allocate some of the funds spent on border guards to the State Department.

3. Revise the Tax Code by simplifying its structure and removing the loopholes that encourage the “pay for play” phenomenon that spawns them.

Why is it so difficult to remove the tax loopholes that both political Parties decry? The answer is really quite simple: those loopholes were bought and paid for by their beneficiaries. In many cases, the loopholes were even written by the lobbyists who worked for these beneficiaries. Mr. Trump, for example, bragged about how his donations to politicians of both parties “always got what I wanted.” Notably, his proposed tax plan, while it takes away Romney’s “carried interest” (remember Trump does not like Romney), leaves intact the loophole that allows his deduction of more than $900 million. Now I recognize that every tax payer has his/her favorite deduction. But, as indicated in my previous blog, these huge tax loopholes represent a very serious mismanagement of the American economy. The problem is not that our tax system is not progressive. The problem is that the system is too easily gamed by those who can afford to influence our overly complex tax code. A simplified code would be fairer for businesses unable to pay or win support for tax “favors.” It would save billions of dollars in tax preparations for all individual and corporate tax payers. And it would promote competition and wealth creation more broadly in our country.

4. Limit the influence of money on political campaigns and the legislative agenda.

We need to remove the influence that PACs, bundlers, and billionaires have on our election campaigns and that lobbyists have on our government officials. Elections should be funded by limited private donations and by public funds (reference “American Revolution 2016”). And private citizens should have more access to elected officials than lobbyists. They are, after all, the petitioners referenced in our Constitution. In other words, we desperately need to strengthen the regulations that control lobbyists and their access to public and elected officials. Our legislators in particular need to spend more time on the people’s agenda than on that of moneyed interests.

5. Emphasize the role of our Constitution by advancing universal civics education and by encouraging public service opportunities.

We must reinforce the goals of the Preamble to the Constitution in the minds of all citizens by bolstering our civics education programs and demanding that each and every elected official reflect those goals in office. We need to redefine the moral basis for our society or risks losing it (reference my previous blog, “A Rigged System?”). Frankly, the size of the American population will never rid itself of extreme (defined as “un-American”) ideologies. White supremacists and conspiratorial fanatics will not suddenly disappear from our midst. But they should never gain so strong a voice that they can upset reasonable debate and discourse in a free society. The new generation of “millennials” should carry pocket sized copies of our Constitution. We need a generational rebirth of American ideals. Let us reassert the onus of responsibility on each citizen to advance the goals of our Constitution to make this nation “a more perfect union.” And as a practical measure, we should reward and advance public service with tuition subsidies for those who want to leverage such service into professional careers.
_________________________________

It will not be easy to implement these five actions. Two specific obstacles must be overcome: reconstitution of the Republican Party and clarification of recent Supreme Court decisions.

The actions suggested here not only attempt to address Mr. Trump’s supporters within the Republican Party but the related malaise that seems to have infected many Americans. If we can give some credence to polls, many of us are unsatisfied with our country’s current course. The current Presidential election just magnifies this dissatisfaction with all the groundless conspiracies, falsehoods, and errant accusations promulgated by Mr. Trump. Within his imagined Pandemonium (i.e., the capital of hell in “Paradise Lost”), we can see the byproduct of recent Party politics and of our general malaise. Over the past few years, a growing incivility has emerged between our political Parties. The Republican Party in Congress has actually refused to govern, not only finding it impossible to compromise on practically any issue, but also more than willing to shut down the government to appease a minority constituency it clings to like a lifeboat. The GOP now faces a crucial decision, much like the Democrats in the sixties. Do they cut loose a constituency that does not represent the general welfare of the country and spend the next several election cycles as the minority Party? Or do they maintain a course that does damage to the country and opens the door for somebody like Trump?

As Americans become more and more disillusioned with this political gridlock, they become apathetic about the system as a whole. The percentage of eligible voters who actually vote in national elections is in a death spiral: 61.6% in 2008; 40.9% in 2010; 36.4% in 2012. Meanwhile, Republicans in control of State legislatures have been busy gaming the electoral system with voter suppression tactics and gerrymandering in order to empower their avid minority of mostly single issue voters. Their path to victory is through the disgust and apathy they largely create in the majority of the electorate. The problem with this combination of anti-government behavior and electoral angst is the threat it poses to our democracy. The Republican Party must recapture the political correctness of Abraham Lincoln in order to win the heart and soul of a majority of Americans. And it must do so for the sake of America as a whole.

The issue of recent Supreme Court decisions on corporate entities and campaign fund raising is beyond my expertise. I complained about the consequences of these decisions to a Republican friend, who happens to be an outstanding lawyer. He retorted that the Justices considered legal precedents and ruled correctly. I am not qualified to determine how we might avoid the consequences I fear, that is, whether we need a Constitutional Amendment, as some have suggested, a reversal/clarification by the Supreme Court, or future legislative action along the lines I have previously proposed. The specific question: how do we unwind the actual/potential effects of the Supreme Court’s definitions of corporations as individuals and of campaign contributions as free speech?

If the provision of contract rights to corporations qualifies these artificial entities as free individuals in a democratic electoral system, then we will soon have to give voting rights to artificial intelligences. For they will have far more ability to analyze the background of candidates and determine their likely performance in office than the contractual constructs we call corporations. The only difference is that the latter can contribute money to elections. And corporate contributions can far outweigh individual contributions, making elections more likely the outcome of such fundraising.

And if a campaign contribution is an expression of free speech, then which of the candidate’s political positions does it support? It can only reflect generic support for a particular political party or candidate. Money cannot express individual policy preferences or specific assessments of a candidate’s attributes, because it has no words. It cannot participate in any democratic dialogue in the public forum. Its only significance is as a medium of exchange, a measure of value, or a means of payment. If campaign contributions are free speech, then the campaigns—and all political dialogue—can be reduced to fund raising. Elections are no longer contests between political philosophies and policies, but merely the outcome of fundraising.

In conclusion, America now faces obstacles and opportunities that may rival other pivotal points in our history. When I recall its founding in revolution and its trials with racial, gender, and ethnic discrimination, I become ever more aware of its resilience. The last of the five suggestions above explains the nature of that resilience. We meet the challenges of each generation with courage and hope in the spirit of our Constitution. Without that document and our will to support its aspirations, there is no America.

Vote wisely, my friends.

A Rigged System?

Hillary Clinton calls for fairness in our financial system. Bernie Sanders made the case for a rigged system. And Donald Trump also states that the system is rigged, specifically against him. It is clear that Sanders and Clinton are addressing issues like income inequality and the disproportionate influence of a financial sector that now accounts for 18% of the American economy. Trump at times recognizes these issues, but also includes the political parties, the media, and basically any group opposed to him in his determination of a rigged system. Alexander Hamilton, the man often said to be the father of our American system, was forthright on this subject: “The prosperity of commerce is now perceived and acknowledged by all enlightened statesmen to be the most useful as well as the most productive source of national wealth, and has accordingly become a primary object of their political cares.” Clearly, Hamilton married capitalism to the American system of democracy. And so it has been throughout our history. So why, one might ask, does this marriage raise so much dispute and claims of a rigged system?

In this presidential election year, we once again witness the push/pull between capitalism and democracy, the dual agents that have indeed made America great. Capitalism has created a middle class and unparalleled national wealth. Democracy has provided the individual freedom and rights that are the crowning achievements of Western European civilization and a beacon of hope for the world. But unbridled capitalism can threaten democracy at its core, just as one person’s greed can deprive another of his/her rights or opportunities in a free society. Theodore Roosevelt addressed this threat to democracy with his campaign against the “barons of industry.” His cousin, Franklin Roosevelt, came to this threat from the flipside of the problem: he initiated programs to help the victims of economic profligacy. After the Roosevelts and World War II, our country witnessed the greatest growth of the middle class in our history. It was this period of growth that probably inspired Reagan to state “a rising tide lifts all ships.” After a period of “stagflation,” he initiated policies that reduced taxes and continued Carter’s efforts to phase out Nixon’s wage and price controls—policies that along with the oil glut of the 80’s were the most likely factors in increasing productivity. But they also led to nearly doubling the Federal deficit. More to my point, he demonstrated how the government’s manipulation of the tax code can affect that delicate balance between economic prosperity and the general welfare of the state. To once again quote Hamilton, “The ability of a country to pay taxes must always be proportioned (italics are mine), in great degree, to the quantity of money in circulation, and to the celerity with which it circulates.” How well-proportioned is our current tax structure and how does that relate to the rigged system referenced by our presidential candidates?

Some years ago a friend explained to me how he could borrow money and make millions in the real estate market. He simply boosted his net worth by stating the market value of existing holdings while not declaring all of his debts. He basically defrauded banks and bragged about becoming a millionaire by using other people’s money. Notably, Trump also has bragged about his ability to become rich by using his self-coined acronym ‘o’ ‘p’ ‘g’ or other people’s money. In his case, he may not have defrauded anybody, but merely used the existing tax structure to benefit his personal finances. The problem here is that our current tax structure disproportionately favors the rich. Let me make a simple comparison. Many Americans are invested in the stock market through 401Ks and IRAs. As they convert these investments into liquid funds for education, retirement, or personal emergencies, they pay taxes. If the withdrawn securities experience gains, they pay taxes. If they instead have losses, those loses are deducted from net income, but only to a specified limit. And any loss carryover to subsequent years is also limited. But the limited partnerships and specified corporate investments made by Mr. Trump are blessed by a tax code that allows all operating costs, like construction costs and investment losses, to be carried forward in individual tax returns against future net income. So he could accumulate losses after several years of failed businesses and turn his entire $900+ million dollar loss into 50 million dollar deductions for each of the following 18 years. I think Alexander Hamilton would declare this deduction extremely disproportionate. Nearly a billion dollars are concentrated in one pocket. In Trump’s case, “other people’s money” means the taxes other people pay and cannot circulate broadly into the economy.

For years, we have heard politicians rail about our tax system and promise reforms. Often campaign pandering defines these “reforms” as tax cuts or, in extreme cases, the elimination of the IRS. But the “reforms” we have actually witnessed more often have had a negative impact on the middle class, such as limiting the mortgage deduction, the capital loss deduction, the health care deduction, and so on. Although there have been some positive changes like an increase in the dependent deduction, a reduction in the number of tax rates, and the exemption of the very poor, the average middle class family with a home and pending tuition costs has experienced a net increase in expenditures. And the disproportions in our tax system only serve to augment this financial bind. Whether it is pharmaceutical costs, college tuitions, health care inflation, inefficiencies in our transportation infrastructure, or the removal of pollutants from air, water and soil, America’s vast resources seem not enough to serve these basic needs. Here is the corollary I dare to make of this condition: the country is running a deficit and does not have enough money to provide for our general welfare. In other words, America is not living up to the standard set in the Preamble of our Constitution. As a result, in spite of our nation’s wealth, more families seem to be struggling to make “ends meet” than at any time since the last world war. The average debt in Middle America is many times greater than 50 years ago; and tuition debt for college is totally off the charts over the same time period. My case in point: I remember paying $600 per semester for graduate classes at the University of Southern California, one of the premier institutions on the West Coast. My part time job as a box boy at the neighborhood market earned me enough money to pay my tuition and rent an apartment close to the University. Does that capability exist today? And should there be any mystery about the shrinking of the middle class or the rise in wealth of the one percent?

At the heart of this problem of a rigged system is something no one seems to address. That problem is one of morality, or the standards by which we measure and conduct our actions. In classical literature, mos, moris, the Latin derivative for our word “morality,” was used to signify “custom” or “behavior.” But its root meaning is “the will of a person.” The morality that defines our values and determines our customs, our culture, and even our civilization is a function of how we exercise our free will. And that exercise is based on the goals or “ends” we freely choose. So everybody has a moral compass, though we as individuals may not agree on each other’s chosen direction. And here is the root of our problem. One type of businessman may believe Reagan’s “rising tide” is a carte blanche to pursue profits and wealth above all else. Ann Rand seemed to believe that personal success was proved by the accumulation of wealth through the exercise of superior business acumen. Our current Speaker of the House found her books inspiring. Mr. Trump, though he probably never read her books, would probably agree in principle. His path to “success” was to accumulate wealth by out dealing competitors. His morality justifies stiffing employees and small businesses, while utilizing tax loopholes, intimidating lawsuits, and bankruptcy laws to his advantage. To some degree, many large businesses have used some of these tactics to maintain quarterly profits and attract investors. But there is a reason why no top 500 corporate CEO has endorsed Mr. Trump. Most of the business world recognizes that his conduct in business is offensive to the “mores” of Americans. His bragging about his accomplishments is embarrassing, even to those who may have engaged in some of the same practices. Corporate image is important. But image is not reality. Profits sought for their own sake and at all costs are not always beneficial to society as a whole. Greed tramples on the rights and opportunities of others. When large companies pay lobbyists to win tax law concessions, they serve their interest at the expense of the general population. When legal matters are settled in the courts by high priced lawyers, money may become the main determinant of the outcome, not justice. When “capitalism” is defined as the primary moral code of our country, we debase the preamble of our Constitution and threaten its roots in democracy.

Senator Kaine illustrated the theme of this blog in the recent Vice Presidential Debates. As a Jesuit trained Catholic, he is known to be personally opposed to abortion. Yet his position on the right to have an abortion is based upon personal choice, to wit, “no one should deny a woman the right to make her personal decision regarding the reproductive rights of her own body” (a paraphrase). His justification for this position, he explained, was the Constitution and his support for the Supreme Court’s ruling in “Roe vs. Wade.” In his opinion, the Constitution takes precedence over the practices of any specific religion or religious practice. What the First Amendment states is that “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof . . .” Therefore, in order to assure freedom of religion it is necessary to allow the free exercise of all religions without providing legal preference for any one religion. No elected official in America should give precedence to any religion or “-ism” over the values and dictates of our Constitution. In other words the same case can be made for capitalism. The Constitution defines the authority of Congress to raise revenue (the tax code), to collect taxes (via the IRS), and to pay debts (the national budget). What you will NOT find in the Constitution is any reference to capitalism per se. Read the Preamble and you will find how our founding fathers sought to “form a more perfect Union.” The words “justice,” “domestic Tranquility,” “common defense,” “general welfare,” and the “blessings of Liberty to ourselves and our Posterity” are the established goals of our Constitution. They are our moral code. Capitalism, however, is not a goal, but a means to reach our goals. Were it otherwise, Americans would gradually succumb to economic oppression. Remember what spurned the American Revolution, “no taxation without representation.”

Clearly our elected officials should make our national wealth “a primary object of their political cares,” as Hamilton suggested. But, as a signatory and one of the initiators of our Constitution, he never intended to replace monarchy with a financial oligarchy. After the Great Recession, does anybody have any doubts about the need to reform our tax code, our budget priorities, and the excesses of our financial sector? The bailout has cost tax payers trillions of dollars, most of which was added to our national debt. That debt will be a burden for future tax payers, but not proportionately for the super wealthy or many large corporations, especially those who export their wealth overseas. It pains me to admit our economic system is indeed rigged. The presidential candidates are right, though Mr. Trump’s assertion of a rigged system is ingenuous. Is he not one of its luminaries and outspoken beneficiaries?

(Blog Advance Notice: My next article will be “How to Make America Great Again.”)

A Senior’s Reflection

Caught in the cycle of a slowly dying tide

This senior gazes into the moving patchwork of ripples

Noting their sudden demise against a hardened shore

_____

Except where marshes absorb these little depleted waves

For there they dissipate and settle into pools

To reflect a soft blue sky contrasted by dazzling white clouds

_____

My mind is caught in this tidal dying transformation

Tracing its ripples that come to rest in quiet pools

Falling into reflection and into eternity

_____

Where not I but only my thoughts can safely reside.

AJD 10/4/16