Author Archives: Anthony De Benedict

About Anthony De Benedict

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

Democracy and the Just Society

Where do morality and politics intersect? And why is the answer to that question important in any government?  

 

In autocratic states, the norms of governance are pre-established by the governing authority, to include laws that assure its power and that punish any threats or affronts to authority. By way of justification, dictators will claim autocratic governance more effective than the free-wheeling democratic societies, where laws allow free speech, freedom of the press, freedom of religion, due process, and the right to defend oneself in a court of law before a jury of one’s peers. But those are the very freedoms that give voice to diversity within any society. Most of us Americans, by contrast, treasure these freedoms and learn to tolerate the creative conflicts they spawn as necessary steps to unifying compromises. Of course, our politics can be chaotic, even divisive at times, but the resultant compromises are guided by a governing body of law engendered by and reflective of a universally acknowledged Constitution. We elect politicians who may represent different policies and political parties, but who must swear an oath to the same Constitution. And that Constitution not only defines three branches of government in a check and balance system, but it also outlines the goals of that government in its Preamble and the subsequent Amendments that over time further clarified its goals. And those goals allow and protect diverse opinions, philosophies, and religions. Taken together, they guarantee the freedoms that benefit the well-being of every citizen, without regard to race, gender, or national origin. And those freedoms should form the framework for mutually supportive interaction between citizens and their government as well as the corresponding respect citizens should show each other. Without such interaction and mutual respect—which characteristically defines patriotism—there would surely be nothing but chaos. The act of being a patriot, therefore, is nothing less than respecting the rights of others and supporting mutually recognized democratic ideals—not unlike the familiar task of choosing good over evident evil. This is the same decision-making process that defines any moral code of behavior. Democracy is that moral basis for American patriotism. Conversely, how could democracy, or any system of governance, survive without patriotism? Therefore, we expect our democratically elected politicians to be patriots. As such, they must swear an oath to serve America’s Constitution, else be mis-aligned with America’s moral code and its ability to sustain its democracy. 

 

What is the intent of a democracy? What does it mean to live in a democracy? And why do democracies seem in constant flux? 

 

Obviously, America’s democracy depends upon citizens’ and their representatives’ support for the values expressed in its Constitution. And those values are defined in the Constitution’s Preamble by justice, domestic tranquility, a common defense, the general welfare, and the blessings of liberty for “ourselves and our posterity.” The intent of our founding fathers is thus made clear—as is the meaning of our democracy and of citizenship in that democracy. The word “meaning” here has connotations that reach deeply into what is undefinable in each one of us humans. It is derivative of the Old English verb maenan. The root sense of this verb is “to signify, to intend, or to make known.” ¹ Each of these slight variations in the root sense of the term reveals an aspect of meaning, but not a succinct definition. Just so, no one can define another human being. As individuals we reveal in word and deed the values or goals we seek or intend. But, as individuals, we remain as unknowable as is the definition of “meaning” ² itself. For, as individuals, and therefore as citizens, “who we are” can and will change, just as our democracy can change and evolve. Change is a function of our freedom which is derived from free will, the very cause of our unknowable selfhood. And that “unknowability” makes us unpredictable and our democracy at times chaotic. Even though democracy depends upon the consensus of a majority, that citizen majority will differ over time. Therefore, it can change its affiliation with specific parties and its support for differing policies and values over time. The success or failure of any democracy may be difficult to assess in a singular moment of time, though its self-identity can still be retained and persists through societal and even cultural changes. For example, key democratic principles may remain intact, such as a legal system supportive of Constitutional ideals, free elections, equal opportunities for all, peaceful transitions of elected candidates for office, and the awarding of citizenship either as a birthright or by a naturalization process. A democracy, then, must reflect the ideals of its Constitution, even as it adjusts to the will of their contemporary voting citizenship and to the exigent needs of judicial, legislative, and executive management at a particular moment in time. In other words, democracies must remain consistent with their founding ideals through changing times. And that consistency is the burden and responsibility of each generation of citizens. 

 

Why and how did democracies come into human history? 

 

Democracies can and have emerged from autocracies, sometimes won by revolution, but always spawned by free choice. Whereas autocratic states were usually born out of necessity, as if predetermined at the dawn of human societies. Initially, homo sapiens formed leader-led tribes and communities to defend themselves from and compete for nature’s bounty with other species, starting with other hominids over 200,000 years ago. Consequently, tribal hordes and then empires and kingdoms gradually became the norm, usually held together by a single governing authority and a code of behavior sometimes enhanced by and codified in religion. Unfortunately, this correspondence between religion and state became both a unifying principle and, ironically, the impetus for conflict within or between sovereign states. Amidst the clash of civilizations, empires, and monarchies that followed, the welfare of subordinate classes was relegated to an afterthought. Only the privileged—aristocrats, monarchs, and the like—could entertain the personal freedoms human nature required to create and manage the human potential in every individual. But then the Bill of Rights in England, Jefferson’s Declaration of Independence, and the French Revolution occurred. As a result of these newly defined human rights and the declarations of “life, liberty, and the pursuit of happiness” or of “Liberte, Egalite, Fraternite,” a new order of self-government entered human history. Democracy was born, not as a brief experiment in an Athenian city-state, but as a governing principle that has since spread to many sovereign countries. These democratic states cling to their sovereignty not by autocratic force or a state-sponsored religion, but by the will of their citizens’ free franchise and their freely established system of laws and institutions—both anchored in a universally accepted constitution. Whereas empires and autocracies tend to last for exceptionally extended periods—half a millennium in the case of the Roman Empire ³ —they evolve slowly without significant intrinsic change but intent on preserving a central authority and pre-determined way of life. By contrast, democracies can and do change their leadership to suit their needs, serve their constitutional rights, and assure their security from threats within and beyond their borders. In modern times, democratic states have shown themselves to be less likely to engage in preemptive wars of conquest and more likely to have higher standards of living and guaranteed freedoms for their citizens than totalitarian or autocratic states. They defy/rebel against autocracy for its suppression of the human potential in its subjects. Democracies, by contrast, value the lives and wellbeing of all their citizens, not just those privileged by birth, wealth, or tribal conquest. They reflect the humanitarian values of the Enlightenment as their raison d’état. 

   

Is America, as the oldest democracy in history, the fullest realization of its founders’ intent? 

 

However wise America’s founding fathers were, they could not have foreseen how our Constitution would or could more fully realize Jefferson’s Declaration that “all men (sic) are created equal.” That clarification was in part left to their posterity. For example, women at the time were considered subordinate to, though supportive of, men; and Africans were seen by many as an inferior species and thereby unjustifiably treated as farm animals or house slaves. We cannot know how these men of that period might have conditioned their consciences to accept this anomaly between the ideals expressed in America’s founding documents and the prejudicial practices of their time. But we know many of them treated their wives with respect and love and abhorred the inhuman treatment of slaves. Jefferson, for example, was loved and respected by the slaves that worked the plantation he gained by marriage. And, as history has recorded, he obviously loved his wife’s half-sister who was technically a slave in his father-in-law’s plantation. We cannot know how he reconciled his life with his declaration that we are all equal by reason of our birth as fellow humans. We might assume that many men of the 18th, 19th, and 20th centuries lived with conflicted consciences, just as many citizens of the late 19th and early 20th centuries welcomed the 13th, 14th, 15th, and 19th Amendments. Moral clarity can become a welcome relief to conscience. Why would anyone choose to live in a society where fundamental human rights were not recognized or were allotted only to the privileged? The obvious answer is that only the privileged would choose so—which explains how and why autocracies cling to power with so much treachery and violence. America’s Constitution was more than a clarion call for independence from totalitarian rule, but also a governing guideline for the development of a democratically free and equitable government. It delineates the moral code for a just society, though its implementation remains the responsibility of every American citizen who exercises his/her right to vote and supports democratic principles and norms.  

 

Given that America’s democratic republic is still a work in progress, what current threats does it now face? 

 

It would be presumptuous to say that America is more moral than all other nations, or that any democracy is more moral than any autocracy. But all democracies must aspire to be so. America has breached many moral obstacles in its aspiration to realize its fundamentally moral founding ideals. We fought a civil war to free our African hostages, granted them citizenship, and decades later granted them the civic and voting rights that every other American inherited at birth. But have we yet fully accepted our Black brothers and sisters, even though intermarriage and common legal rights have blurred our differences? Obviously, there still exist stereotypical perceptions of Black people—as there still are of women in the view of many men. Over a hundred years ago, women were finally allowed to vote. But, to this day, they still experience slights in the workplace, in positions of power, and in the governance of their own bodies (reference, “The Supreme Court: A Bulwark of Liberty”). American democracy, as stated above, is still a work in progress. And that work is a moral dilemma we Americans still must continue to unravel and accommodate to our founding ideals. 

 

Beyond our struggle to realize the import of our founding, the very nature of America’s democracy is now under attack. Foreign powers have sought to undermine our elections, distort, or disable our infrastructure, and intimidate our defenses by land, sea, and the outer-reaches of space. But the most threatening attack on our Republic has come from within. As referenced in previous blogs, we now face an existential threat from concentrated power in both politics and wealth.  

 

Regarding the political threat, we have witnessed the takeover of one of our major political parties by an anti-democratic minority. This insurgency took advantage of the Republican Party’s success in gerrymandering elections to secure electoral victories with only a minority of the votes cast. Although both political parties have used gerrymandering to steal election victories in the past, the Republicans have had unheralded success with this undemocratic scheme. In the past 30 years, only once has a Republican Presidential candidate won the popular vote, though they won the Presidency in three of the eight Presidential campaigns. In the state of Michigan, the Republican Party has won control of its legislature with every biannual election in this century until the most recent. But only once did the Party have a voting majority. This last election, which the Democratic Party won, was administered without gerrymandering because of a voter initiative that eliminated gerrymandering. With gerrymandering, the Republican Party assumed power it did not earn at the voting booth. As a result, the Party became a takeover target for anti-institutionalist and anti-democratic fringe groups that include opportunists, unhinged conspiracists, religious bigots, paramilitary groups, and the disaffected for whatever reason. As a result, long term Republicans have begun to change their Party affiliation. For how can Americans support a Party that has no documented policy platform? The Party’s former agenda to fight crime cannot be reconciled with its current support for the legal possession and open carry of military style weapons. Nor can the Party’s claim to manage public finances more discreetly be taken seriously when it consistently runs up the debt when in power. Moreover, it refuses to acknowledge the debt ceiling—that is, to pay for the expenditures already authorized by Congress—even at the risk of destroying the American economy and creating a worldwide recession. It balances this financial hostage taking of the American economy with its demands to reduce funding for the military, healthcare, and social security. What constituency does the Republican Party serve with these positions? How can the Party that once fought the totalitarian advance of communism for so many years, now choose to limit funding for Ukraine’s defense against the unprovoked invasion orchestrated by a Russian dictator—an opportunist who, as the former head of the FSB, rigged his initial election and now holds absolute authority for as long as he chooses? The Party of Reagan now supports the bogey of the Russian Bear. Furthermore, the Party of Lincoln now courts the support of white supremacists such as the Proud Boys or Oath Keepers. It has even questioned the indictments of these insurrectionists, impeded the investigation into Republican co-conspirators, and defended the former President’s role in inciting the “stop the steal” movement with his lies and false allegations. In conclusion, how can Americans relate to the current Republican Party as a democratic organization? It is more subversive than constructive towards our democracy. 

 

Regarding the threat emanating from wealth, many of my blogs have addressed how substantial amounts of money can ratchet up campaigns and secure legislation that benefits selected special interests rather than serve the general welfare. Further, corporate funded lobbyists not only influence legislation, but sometimes actually write portions of legislation that favor their interests. And then there is the law-skirting campaign funding from so-called “dark” money. On the other end of the money spectrum, there is the issue of a tax code riddled with deductions favoring high income tax returns and the self-interested influencers who argue against empowering the IRS to hold accountable the tax fraud too often committed by the rich and famous. Income and wealth inequality cannot be addressed when the most complicated and wealthy tax returns are not critiqued with the same vigor as the ordinary wage earner’s returns. †      

 

Can democratic ideals lead to a just society? 

 

Given that democracies can fall short of their moral and idealistic goals, how likely are they to become more moral than autocracies, especially those led by popular civil, political, or religious leaders? Well, that history is still being written. But the past has had many warring chieftains, kings, emperors, and dictators who have subjugated their people to autocratic rule. Even religion has been used to justify violent conflicts between sects and warring tribes. Just as the Huguenots suffered under Papal suppression, the current head of the Eastern Orthodox church can and has recently justified the slaughter of innocent Ukrainian citizens. Unfortunately, the common element in injustice is us humans, regardless of religion or form of government. Though we continue to evolve in myriad ways, we carry forward the same propensity to govern ourselves in ways far short of our human potential. And that evolution can be hampered in any system of government designed to serve the interest and belief system of a few–or even just one–at the expense of the many. By contrast, note the opening words to the Preamble of our American Constitution, “We the people of the United States in order to form a more perfect union.” With those words, the onus for nurturing and evolving a free democratic government is solely placed on each American. But self-rule alone does not guarantee every American will reap the benefit of the rights and freedoms specified in our Constitution unless each of us support and adhere to the ideals immortalized therein. Our laws must be construed to assure that adherence. In addition, every elected official and government employee must do so likewise—even to the extent of taking an oath before God to do so. Stated bluntly, every American—citizen, elected official, or public servant—carries the burden of supporting and evolving our democracy on his/her shoulders. And that burden is a moral imperative. 

 

I believe the quest of any and every democracy must be for a just society where an informed electorate and strictly administered free elections result in representative government where elected officials and public institutions serve the “general welfare” of all citizens. Given the vagaries of history and human shortfalls, democracies can and must evolve—sometimes, ad hoc, but usually intent on realizing their founding principles in a changing environment. Herein do we find once again the intersection of politics and morality. Democracy cannot survive unless it is founded upon core principles that are representative of and supported by its citizens, elected officials and the governing laws and institutions established by those officials. The founding principles of a democracy, therefore, define its goals, its evolution, and the beneficial interests—or the general welfare—of its citizens. Democracy is still humanity’s best hope for a just society. 

 

____________________________________________ 

¹ Reference the Compact Edition of the Oxford English Dictionary. 

² This statement derives from Kant’s das Ding in Sich, “the thing in itself.” Reference Immanuel Kant, “Philosophical Writings,” Ernst Berhler (Ed.), New York: Continuum, 1986. 

³ The Roman Republic existed for six centuries before the Roman Empire was founded. Roman principles and jurisprudence, therefore, influenced over a millennium of human history. 

Over several decades, I have been audited three times. Only once did I have to reimburse the IRS for a small Turbo Tax error. The issue: my return seems to have received more attention than an alleged billionaire and grifter like Donald Trump who has bragged about not paying taxes. Recent analyses by the press indicate my experience is the norm. So why does the GOP want to reduce spending on the IRS’ ability to analyze the more complicated returns of the wealthy? What constituency is the GOP serving? 

 

Angels and Demons Within Us

“We are watching the terrible clash of the Symplegades, through which the soul must pass—identified with neither side.” (Joseph Campbell) ¹

 

In the classical story of Jason and the Argonauts, the Symplegades were the clashing rocks they had to steer their ship through without being crushed. Successful passage resulted in Jason’s acquisition of the Golden Fleece. But the mythic sense of Jason’s quest has a universal application which can represent a treacherous passage through opposing forces to attain a desired goal of great value. A previous blog (reference “The Russian American Paradox”) addressed the paradoxical parallelism between two “super” powers” involving hyper capitalism and hyper personalization. But this parallelism also represents the clashing rocks that can destroy societies and their governments, including both autocracies and democracies.  Is there any question whether the acquisition of great wealth and the power it bequeaths can and often will entice government policy and investment to benefit the few over the interest of the many. Nor can it be questioned whether autocratic leaders nearly always amass their power primarily to serve their own interest before that of the people they rule. There are too many examples in history that remind us that “power corrupts, and absolute power corrupts absolutely.”

 

Our contemporary parallelism of Russia and America exemplifies the hazards of those clashing rocks that prohibit passage to the hope and dreams of their citizens. In Russia, wealthy oligarchs exploit Russian labor to enrich themselves, while an obsessive autocrat with unfettered power subverts the dreams of the Russian people with his personal fantasy of imperial power. The fallacy in his fantasy is the presumption that it will benefit average Russians rather than himself. In America, both an economic system that allows an unequal distribution of wealth and a political environment that allows a brutish strongman to transform his political party into his personal tribal chiefdom, taken together, forbode the end of the American Republic and its promise of “life, liberty, and the pursuit of happiness” as every citizen’s birthright. Both Russia and America must face their version of the Symlegrades before they can realize the benefits of sovereignty and justice for their people. America’s path through these clashing rocks is at the voting booth and subsequent reform of its system of government to guarantee majority rule and prohibit future Trump-like insurrectionist conspiracies. For Russia, its path seems more hazardous, for it may require a wholly new government that breaks with its authoritarian past. While America struggles to maintain its history of fair elections, Russia may never have experienced a fair election and would have to overcome a long history of imperial/totalitarian/dictatorial rule. Nevertheless, both Americans and Russians must pass through those clashing rocks to attain self-rule and personal freedom—the golden fleece of popular sovereignty.

 

Russia and America are not alone in their attempt to pass safely through the existential threats of horded wealth and autocratic power. China is another superpower struggling to find safe passage through similar dangers as it struggles to extend its economic expansion during a Covid shutdown and to suppress a shutdown-weary populace while subduing Hong Kong and Taiwan under its superpower umbrella. And each of these great powers impact the welfare of nearly all other countries. The 2008-9 worldwide recession was the result of America’s faulty handling of dubious securities throughout its banking industry. The current global inflation is the result of Russia’s unprovoked and imperialistic war against Ukraine. Meanwhile, China is grappling with their oppressive handling of its Covid crisis, which is impacting industries interconnected with the global economy. How China resolves its internal crisis will affect that global economy. Simply stated, we live in an interconnected world that is too easily impacted by economic competition and territorial disputes—once again the clashing rocks of money and power. As economic hegemony and competition debilitate global attempts to address climate change, territorial disputes and forthright violation of national sovereignty raise the specter of another world war. All citizens of the world will feel the impact of those clashing rocks, unless we unite as a human family to pass together through them. But how is safe passage possible in such a diverse world?

 

Is there a common view of humanity’s place in the world and, more specifically, in the physical places humans inhabit? Many scholars—historians, scientists, religious leaders—have responded to the question of our relationship with the world we all inhabit. Do we have a common purpose that can bring us together as custodians of a world our children will inherit? Do we then share a common destiny that demands we act in unison? Throughout human history, our forebears have searched for a model that could assure our survival as a species and unite us in its pursuit. Human societies and their communities have learned to mimic animal subsistence on nature, or plant life cycles of growth-decay-reseed, or the apparent eternal cosmic cycles of the stars. Mythic images that welled up from the mind of man have inspired religions, art, and the cultural and social forms that have guided human history through its every peril and hazards. But what path should be taken through the clashing rocks of our time? What is now at risk is more than the fate of democracy in America, the embezzlement and suppression of the Russian people, or the survival of innocents in Ukraine at the hands of a genocidal Russian dictator.

 

We humans have subdued the animal kingdom, used and misused the plant world to serve our needs, and have begun to explore the cosmos, no longer for guidance, but to satisfy our human curiosity. And that curiosity is often characterized in our science fiction as another avenue for human conquest. The common element in these human pursuits is human ego: we mimic nature to control it for personal profit and power, with little or no concern for our survival as a species. But global warming and the threat of world war—even nuclear war—demand more of us humans. Our survival demands every one of us to man the oars before those clashing rocks ahead. Our shared human history has shown us capable of communal action to secure the health and benefit of our species. Has not our ability to work together enabled our species to survive where all other human species have not? But human ego, conversely, is solipsist, serving only itself. It would control nature’s bounty for itself alone, explore the galaxy for profit or conquest, and subjugate other humans just for personal glory. And the glory of one man or one tribe will inevitably be won at the expense of the rest of humanity.

 

Nobody needs billions of dollars or control over the fate of millions of people. But ego does. Nobody has a right to overthrow the sovereignty of his or another’s free state. But ego does. The problem, of course, is that ego serves nobody but itself, to include its narcistic paranoia.  It is the demon within us that bears no responsibility for the general welfare, for world peace, for mitigation of global warming, or for fair distribution of the world’s wealth and produce. And that demon ego is only concerned for itself, even at the expense and suffering of all else.

 

But how does our modern world pass through these clashing rocks of the Symplegades? Is there a hero, like Jason, to lead us? No, it is every single one of us, acting together with others and inspired by the better angels of our nature, to serve the wellbeing and goals of each other, in the very community where we live, work, and relate. To quote one of the wisest men of the last century, “the modern hero . . . cannot, indeed must not, wait for his community to cast off its slough of pride, fear, rationalized avarice, and sanctified misunderstanding . . . (for) it is not society that is to guide and save the creative hero, but precisely the reverse. And so, every one of us shares the supreme ordeal.” ² Our individual legacy, then, is best expressed in the society we impact, “the totality—the fullness of man—is not the separate member, but in the body of the society as a whole, the individual can only be an organ.” ³ The society that can pass through our contemporary Symplegades, the clashing rocks of power and money, must be composed and led by selfless men and women who decry the lust for excessive wealth, power, and its byproduct, fame, to create and serve the great human society born of our better nature. We all face those clashing rocks and must pass individually and together through them or suffer a dire fate. How else will humanity survive the effects of global warming and the threats of world war or of economic and autocratic suppression? More than the fate of empire or the balance of world power or hegemonic dominance is at stake. It is humanity itself that faces the Symplyglades. Do we have the wherewithal to pass through safely?

 

Beyond the rise and fall of empires and civilizations, humanity has survived. But have we prospered together as a species, or rather at the expense of other humans. Currently we are at war with nature and with each other. The mythic images and cultural norms that well up from the depths of the human psyche reveal both the angelic and demonic forces that fuel the creative energy of our kind. We are capable of nurturing societies and ergonomically advanced civilizations. And we are equally capable of destroying our planet and of genocidal wars against our own kind. How can we create communities, societies, and governments that coexist peacefully in a mutually supportive structure of shared commerce, art, sports, and intellectual pursuits.?  The answer: we can’t unless we begin to do so as individuals. Together, we can rid the world of warmongers, dictators, and economic parasites that thrive on the labor of others. Our task is not achievable in one lifetime or perhaps in many generations. But it will never be achieved unless we begin today.

_________________________________________________

¹ Joseph Campbell, “The Hero with a Thousand Faces,” Princeton University Press (third printing, 1973), p. 389

² Ibid. p. 391.

³ Ibid. p. 385.

Footnote:

Whenever I fall back into one of Campbell’s many books, I invariably recall Martin Buber’s poignant statement, “the word ‘I’ remains the shibboleth of humanity” (Martin Buber, “I and Thou,” Charles Scribner’s Sons, c.1970, p.119, a translation by Walter Kaufman of “Icb un Du,” published in March, 1937). That word can refer to the subject of a specific accomplishment without any reference to his/her power to relate. Buber’s hidden message here refers to any failure to reciprocate and respond to another’s life presence—to be open to the “thou” and to the fulness of human relationships. But that openness is the secret door to forming human communities. Without that openness to human relationships, dictators like Napoleon, whom Buber references, can treat their subjects as means to their personal “destiny and accomplishment.” Of course, we can apply Buber’s “I” shibboleth to the dictators of the last hundred years, to include Hitler, Mussolini, Kim Jung-un, and Putin—or wannabe dictators like Trump. Just note how these men affected the welfare of the nations they led. Their “I”-self admits no passage to the “thou” of another, or to the human community consequently violated and suppressed. “Man understood however not as “I” but as “thou”: for the ideals and temporal institutions of no tribe, race, continent, social class or century, can be the measure of the inexhaustible and multifariously wonderful divine existence that is the life in all of us” (Campbell, ibid. p.391). Campbell wrote those words in 1949, after the world wars of the 20th century. They recall Buber’s life work and resonant today in the 21st century on the cusp of potentially greater disasters.

The Kleroterion and Democracy

“Ancient Athenians used a kleroterion, a stone slab with a grid of slots, to select jurors from among volunteers in such a way that all of the population’s 10 tribes were equally represented. A lottery system enabled the jurors to be randomly chosen on the morning of the trial, minimizing chances of bribery.” ¹

 

The earliest democracy consulted by our founding fathers was that of Athens in ancient Greece. Of course, they also referenced the social philosophies of the Enlightenment. But they made no reference to the Athenian kleroterion and the problem it tried to resolve—a problem that still haunts our democracy today. How can a democracy assure descriptive representation of its citizens, inclusive of all classes, age groups, gender, race, and individual differences—like the average folk we encounter every day? In Ms. Procaccia’s article quoted above, for example, she explains that a descriptive representation in any assembly would necessarily include an equal number of men and women. But, as she illustrates, “the average proportion of seats held by women in national parliaments worldwide was 26 percent in 2021—a marked increase from 12 percent in 1997 but still far from gender balance.” And she was just referencing one descriptive distinction that can unfortunately disassociate democratic governance from its plebiscite. Of course, there are many other discrepancies in democratic representation that may include race, national origin, class, fame, and wealth besides gender. Although everybody can vote, only a few govern. But those few too often favor interests other than their diverse electorate’s. Why is that fact demonstrably true, while being equally unfair to voters in any democracy so defined? Well, this distortion of democracy can be explained.

 

In just a few days, the vote count in America’s mid-term elections will be determined and reported. And we will know how well the results will reflect the voting public. Although a large majority of Americans are registered as Democrats, the Republican Party far exceeds their rival in campaign funding—that is, by billions of dollars. Obviously, Republicans have a wealthier donor base. While both Parties have and will emphasize voter turnout, the Party that can afford more advertisements and fund more campaign workers has an advantage. So, money is a significant advantage in tilting the scale in turnout and, as a result, in election outcomes. Since July of 2015, this blog has repeatedly raised the issue of replacing private campaign funding with public funding. The problem is not just with wealthy donors having more influence on government policy—which is unfair in any democracy—but with the quasi-criminal influence of “dark” money. The latter includes campaign donations from foreign countries that seek profits from American investments and/or influence over our foreign policies. How can a true democracy of the people survive where elections are tilted in favor of those privileged by wealth or influence? The answer is obvious and partly explains this distortion of democracy.

 

Another anomaly in America’s electoral system is the Electoral College’s reflection of the majority vote. Since voting majorities are calculated by State defined Districts, rather than the overall vote count by State, it is possible to form Districts that favor one Party over another—a process termed gerrymandering. For example, in Wisconsin 44% of the voters can elect a Federal Senator of the Republican Party even though 56% of the electorate voted for a Democrat. This anomaly is the result of years of Republican maneuvering and redistricting at the State level (reference “Majority Pejoraty”). In the past, both Parties have been guilty of gerrymandering. But the Republicans have honed this devious advantage—even to the point of manipulating the ten-year census to minimize the vote count in Democratic precincts. And this gerrymandering has been extended to many mid-western and southern States and explains how Donald Trump won the Electoral College vote in 2016 while losing the popular vote by more than three million votes. How is it possible that an immensely unpopular President—who lost his incumbency by more than seven million votes, the largest vote differential in American history—could have been initially elected by a minority of voters? Given the success of gerrymandering, the answer is obvious and further explains this distortion of our democracy.

 

When Europeans discovered and eventually colonized the American continent, the initial settlers where organized into colonies. But these colonies gradually became quasi-independent city-states and demanded the same individual freedoms guaranteed to British citizens. But, in order to attain those freedoms, our founding fathers recognized the need to unify under one banner and, if necessary, fight for those freedoms. John Adams was the chief organizer of the American rebellion; George Washington became the leader of our revolutionary army; James Madison helped define the structure of this newly proposed democratic republic; Benjamin Franklin was the consensus builder at America’s Constitutional Convention; Alexander Hamilton became its chief interpreter/defender; and Thomas Jefferson had already defined the very basis for American independence when he proclaimed, “all men are created equal” and later demanded the first ten Amendments be added to the newly ratified Constitution. Those ten Amendments captured the same Bill of Rights that every Brit had by virtue of birth, that Jefferson thereby demanded, and that he justified in his Declaration of Independence. Those were the same rights and individual freedoms that Washington recognized could only be preserved by our unity. And they inspired what I have called Washington’s prime principle, “if we love our freedom then we must preserve our unity.” And those words are also evocative of our current President’s oft-repeated phrase, “there is nothing we cannot do if we do it together, (for) we are the United States of America.”

 

Given these American birthrights bequeathed us by our founding fathers and extended over a  235-year period to include women, Blacks, immigrants, and LGBTQ, how is it possible that we now seem poised to deny the very principles that founded our nation? Gangs of white supremacists, anti-abortionists, and various hate groups now dictate policies adverse to our founding principles. Our legislators include deniers of a fair and democratically constituted election. Our Supreme Court Justices boldly invalidate a personal freedom their predecessors defined as Constitutionally guaranteed while threatening to amend other Court precedents affecting individual rights and freedom. And, it would seem, these threats to our democracy all emanate from one man whom most Americans rejected as their President twice. But he has gained tribal authority over one political Party that has manipulated its minority into an electoral, if not a voting, majority and has packed the Supreme Court with subversive ideologs. Yes, I know, the terms “subversive ideologs” is outrageous and offensive. But how does one characterize Justices who reverse legal guarantees of fair State elections and the individual freedom every woman should have over her own body as a personal birthright guaranteed by the 9th and 14th Amendments? Of course, the man referenced here is the criminally discredited, twice impeached former President Trump. And the Party he now controls is the current version of the Republican Party which bears no resemblance to Ronald Reagan, its most memorable President of more than three decades ago. Taken together, Trump and his Party have pulled together the forces of money and corruption to distort and destroy American democracy. The only remaining question is whether they will be successful?

 

Election politics can be confusing. The issue of democracy, for instance, is buried under many mis-directions. The Republicans divert our attention from their Supreme Court appointments, specifically, judges who testify in support of the Roe v. Wade decision, then defy their own testimony by ruling against it (reference “The Supreme Court: A Bulwark of Liberty”). They blame the current President for inflation, while ignoring Trump’s failures to contain COVID and to support Ukraine’s defense against a Russian invasion. The results of these failures were not only extensive loss of lives in America and Ukraine, but supply-line failures and an escalation of Russia’s war against Ukraine. The latter resulted in a curtailment of Russia’s gas and oil supply to the world economy which, together with the impact of COVID, has resulted in a global inflation. The current Administration has fixed the supply-line issue and has done what the Trump Administration refused to do, which is to fund and administer a nationwide program to reduce the impact of the pandemic, return people to work, reopen schools, and save lives. And, of course, America now leads the world in support of Ukraine. The Republicans also fault the Democrats for the increase of crime in America. But they refuse to ban military style weapons that terrorize and greatly increase the death toll resulting from criminal violence. Moreover, the nine worst States in crimes per capita are all governed by Republicans. These campaign gambits are examples of that age-old political game of misdirection, that is, the attempt to divert the electorate from reality. And that ill-intended attempt is a further distortion of our democracy.

 

In Ariel Procaccia’s referenced article, she describes how a 1983 abortion ban in the Irish Constitution was overturned in 2016. The Irish Parliament “convened a citizens’ assembly, whose 99 members were chosen at random.” ¹ The process of selection assured representation across a wide spectrum of age, gender, and geography—much like the Athenian lottery used in conjunction with their kleroterion. The resultant assembly “heard expert opinions and held extensive discussions regarding the legalization of abortion.” ¹ Its final recommendation would overturn the abortion ban “in all circumstances, subject to limits on the length of pregnancy.” ¹ As a result of this recommendation, the abortion ban was repealed by 66 percent of Ireland’s voters. The citizen assembly was successful because it represented “average” people who represented a cross-section of the Irish population AND because they were provided the expert opinion of doctors and scientists and the opportunity to discuss and analyze the data and circumstances affecting abortions. In other words, the Irish abortion ban was lifted as a result of an informed electorate that represented a broad cross-section of the voting community.

 

How do we Americans overcome the misinformation heralded by well-funded special interests, electoral brinkmanship, and self-invested politicians who value their hold on office over public service? We can begin by learning the lesson the Irish represented. America began in the colonies where the rights of citizens and the purpose of government was discussed at the kitchen table, in lecture halls, the workplace, and pubs. Although we live in the “information age,” the sources of political information are polluted by self-serving protagonists, ridiculous conspiracy theories, bold lies, and inflamed rhetoric designed to influence behavior rather than reasoned judgment. The task of becoming self-informed has become a selective task of choosing sources. What can help penetrate this cacophony is grounding in America’s formative culture—that is, our history, social studies, art, music, and foundational ideals. The latter is well represented not only in our founding documents but in the words and actions of our founding fathers, as summarily reverenced above. How is it possible for the most formative democracy in human history to limit, or even eliminate, civics classes in its public school system? How can our democracy survive where political campaigns are based on winning rather than the general welfare of the voting public?

 

Generally, I would never recommend voting along party-lines. But the current Republican Party has become a granite block of resistance to any public serving policies. We only know what it is against, namely, Democratic politicians at any level, all policies that serve civic health, education, world peace, climate change mitigation, and any honest debate based on facts. What the Party does support is  election of its candidates and its hold on all civic power. Their public platform no longer serves the general welfare, for it does not even exist, neither in writing nor in practice. They have become the Party of Power and Bluster. Yes, I do believe there are Republicans I would normally support, but their funding and support within the Party today is conditional upon their adherence to “talking points” and a political strategy of winning at all costs. The problem on this campaign cycle is that those costs include the demise of our democracy.

_______________________________________________________________

¹ Ariel Procaccia, “A More Perfect Algorithm,” in Scientific American, November 2022 Issue, pp.53-59.

A Footnote:

Putin, in a recent speech he gave on 10-27-2022 stated that “the West is no longer able to dictate its will to humankind but still tries to do it, and the majority of nations no longer want to tolerate it.” In fact, President Biden has done a very effective job of leading a “majority of nations” to not tolerate Putin’s dictates, his unprovoked war on Ukraine or the genocide of its citizens. But America’s ability to influence the world order it largely created after World War II depends upon it remaining a beacon of hope and a model democracy. But the distortion of our democracy outlined in this blog has an unfortunate impact on a peaceful world order. Unless Republicans can wean themselves from Trump’s embrace, his proposals to demolish NATO, to align American foreign policy with Putin, to limit support for Ukraine, and to develop “friendships” with dictators like Kim Jong-un, Erdogan, and Orban will remove America from its status as a beacon of hope for democracies around the world. What prognosis for world peace would then be plausible?

The Russian American Paradox

This blog is about the parallelism between very disparate entities, like the confluence between hyper-capitalism and hyper-personalization. Yes, this comparison is between America and Russia, however unlikely it may seem. Although America is still believed to be the “land of opportunity,” where an individual can follow his/her dreams in pursuit of happiness, it still struggles to provide equal opportunity for specific racial minorities and certain classes of immigrants. In Russia, by comparison, the disparity between rich and poor—between privileged and unprivileged—is the fully intended feature of government policy. Both countries, it should be noted, house some of the wealthiest individuals in the world, like multi-billionaires whose fortunes exceed the annual income of most nations. While “conservative” politicians in America continue to propose cuts or even elimination of the wealth tax, Russia has no inheritance tax. So, those American politicians who euphemistically call themselves “conservative” have more in common with Russian kleptocracy than American democracy. In different degrees, both countries favor the wealthy.

 

Although America does have a progressive tax system, every time a Republican majority seizes control of Congress, the Party attempts to lower taxes for wealthy corporations and individuals. The last Republican majority lowered the highest corporate tax rate from 35% to 21%. Moreover, property investors/developers can take advantage of significant expense and depreciation tax breaks. And many multi-billion dollar corporations have evaded taxation completely (at least until a minimum tax law recently passed by Democrats is implemented). Meanwhile, Russia has maintained a flat tax rate of 13% since 2001, effectively abandoning any pretense of wealth redistribution. But, more significantly, individual Russian oligarchs can hide their accumulated wealth and pilfered “income” from state owned industries and operations—that is, their grift—in government approved “cooperatives” and in undeclared foreign holdings that include both real estate and bank accounts. Between 1993 and 2018, for example, Russian gas/oil production has resulted in a massive 250% trade surplus. But the official reserve estimate is only 25%. The oligarchs hold the difference in offshore assets “which exceed one year of the national GDP, or the equivalent of the entirety of the official financial assets held by Russian households.” ¹ Some still control their foreign investments from Russia. Others prefer to live abroad almost exclusively, in cities like London, Monaco, or New York. One of the ironies of this wealth-privileged parallelism between Russia and America is that Russian money laundering in Western enterprises has also enriched some Western billionaires as well. Therefore, both Western and Russian parasites are feeding off the income and wealth created by average Russians. Can you see the surprising, if unlikely, paradox here? Capitalism and kleptocracy embrace in two directly opposing economic systems.

 

One incidence of an American enterprise benefiting from purloined Russian money is uniquely relevant to my American readers. Back in 2016, one of Donald Trump’s sons was asked how the Trump organization continued to raise money for investments after multiple bankruptcies closed the door to American bank loans. His reply was straightforward: Russian money. Also in 2016, much was made of Donald Trump’s desire to build a Trump Tower in Moscow. He already had a builder in tow, but, in Putin’s Russia, he would need the Russian President’s blessing. How he intended to fund this project is not known, but he already had loans with a foreign bank whose most important Board member was Putin.  His pitch to Putin surrogates included the offer of an executive suite on the top floor for the Russian President. But that bribe-like offer had a greater significance to the parallelism topic of this blog. For it also offered President Putin a “quid pro quo” opportunity. It should be noted that he had begun his KGB career as a spy handler, actively recruiting German, French, and Spanish contacts to obtain Western technology. How could an experienced “handler” not recognize Trump’s offer as an opportunity to recruit this perfectly positioned “idiot source”? Besides, Trump was already compromised by his dependence on oligarch money grifted from the Russian people.

 

These two men also shared similar predispositions besides their persistent pursuit of wealth and power. After his Presidential election, Trump shared many unrecorded calls with Putin and was reported to quote his mentor/handler as his authority when contradicting his foreign intelligence analysts. Recently, he even credited Putin as a “genius” when the Russian President termed his unprovoked war against Ukraine a “military exercise of liberation.” Therein Trump could readily recognize his own pension for branding as depicted in his MAGA slogan and his self-characterization as “the greatest President in history.” It should not be surprising that these two men could relate to each other for they sought the same things—power, fame, wealth—conducted their relations on the same transactional basis, and brandished self-fabricated facades to hide their self-serving intents. Is there not an unlikely paradox in the relation of these two Presidents? Their parallel time in office represented two diametrically opposed political systems, one democratic and the other totalitarian. Even though these two men could not be more different in personality, education, or intellect, they had a common self-serving enterprise and ego-branded facade—surely, yet another paradox.

 

Before Putin became President, he developed much of his thievery skills as Chairman of the Committee for Foreign Investments in St. Petersburg. While Chairman, he was not only able to skim money from foreign transactions but to amass a coterie of swindlers/enablers in various skimming and money laundering activities. They would become his lifelong partners in many self-enrichment schemes. From 1991 to 1996, Putin rose to prominence in St. Petersburg while enriching his gang of thieves. Together, they worked with foreign mafia contacts, shared ownership in joint foreign and domestic ventures (like the infamous Ozero Cooperative), and hung onto Putin’s coattails as he rose to ultimate power. ² Most of these men now hold prominent positions in both government and industry. They are part of that uniquely Russian clan of wealthy oligarchs, nearly all of whom have become multi-billionaires. Although Trump lacks the skill and knowledge of Putin, he does see himself as the “genius” benefactor his wealthy friends should acknowledge. After he cut the top tax rate from 35 to 21 percent, he exhorted his Mar-a-Lago guests to thank him for “I just made you a lot richer.” To some extent, he was just replicating what corporate tax lobbyists attempt to do, i.e., assure the rich get richer. When he campaigned for the Presidency, he claimed only he could “clear the swamp” in Washington because he bragged that he knew who the dirty politicians were, for he regularly bought them with his campaign contributions. In fact, he included them in his circle of “my people.” But, as with many of Trump’s assertions, his own words convicted him even while condemning others. He is as much a part of that swamp, as Putin is integral to both the wealth and welfare of his oligarchs. They both lead a band of opportunists, if not outright thieves. Again, these two men could not be more different, and yet so paradoxically alike.

 

During Joe Biden’s campaign for the Presidency, he spoke about the ongoing conflict between democracy and totalitarianism on the world stage. But his words are also relevant to contemporary America. The January 6 insurrection and defilement of the nation’s capital should have awakened all Americans to what Trump had wrought during his four-year term as the nation’s President. As the Nebraska-Kansas Act set the stage for the Civil War, Trump’s refusal to honor the electorate’s decision in 2020 has inspired his followers’ attempts to game future elections. At his urging, they now plan to permanently divide the country while setting the stage for one party rule. And that party, according to the Republican Party’s official platform, would have no other policy agenda than every dictate or whim emanating from Donald Trump. His acolytes would then reenact in future elections the failed 2020 plans revealed by the J/6 Committee. At this very moment, they are attempting to assume positions in Government that would control a/o certify election results. If successful, they would either attempt to reinstall Trump as President or rig future elections in favor of Trump and his chosen candidates. The Republican House Minority Leader has already vowed allegiance to Donald Trump in exchange for his support of a very dark legislative agenda.  If he becomes the Majority leader after the mid-term elections, as he presupposes, he promises to eliminate the Affordable Care Act, cut Social Security and Medicare budgets, codify a ban on all abortions, reduce the 21% tax on wealthy Americans to 15% and make that reduction permanent, eliminate what he terms America’s blank check that supports Ukraine’s war of survival, and repeal much of the Biden agenda passed within his first two years in office, including limits on seniors’ yearly medical expenses, reduction of prescription drug costs and of student tuition debts, and the single largest investment toward mitigating the impact of climate warming in America’s history. He promises to block anticipated Presidential vetoes by simply shutting down the government. But how does his legislative agenda serve the interests of our general welfare? Instead, It rather deepens the divide between the very wealthy and the rest of Americans, furthering the wealth gap, much like what exists in a totalitarian state like Russia.

 

My previous blog highlighted how Putin rigged his initial election to the Presidency (reference, “Is War in Europe Inevitable?”). After the controversial Duma elections and President Yeltsin’s resignation, he became the acting President with total control over Russia’s electoral system. Donald Trump, however, does not currently have the power to reconstitute the results of the last election or rig his own reelection in 2024. But he can select and support surrogates/stooges for elective offices where they could control future elections, to include the casting, counting, and/or certifying of votes. His intent is obvious. If he cannot overturn the last Federal election, he must rig the next one. He has already begun to do so. As Sherlock Holmes would say, “the game is afoot.” But his underlying premise is based upon the same fallacy espoused by his Russian counterpart. Putin promised that only he as President could assure democratic freedoms for his people, much as Trump promised “only I can” make America great again. But those promises belie a fundamental truth: totalitarianism and democracy are diametrically opposed at every level. Either people are allowed to vote their conscience, or not. Either government reflects the will of most of its citizens or just a few, usually a ruling class and/or a dictator. The general welfare of citizens appears quite different in a democratic versus a totalitarian state as a result. “Government of, by, and for the people” cannot and will never exists under either of these men.

 

While Putin can resurrect centuries of Russian imperial or communist totalitarianism, Trump must recall and reinvigorate a less distant past of American white male superiority by virtue of race and gender. Could he take America back before the 2009 women’s pay equity legislation, 1960’s hard won voting and civil rights laws, the 1920’s Amendment granting women’s suffrage, and the 1860’s Amendments abolishing slavery and granting civil rights for all, including Black suffrage? It seems as unlikely that Trump could reintroduce white male supremacy as Putin could reestablish Russian rule over its lost empire. Trump is that repulsive male chauvinist caught on tape during his initial Presidential campaign. And Putin is the very embodiment of the “Russian Bear” caricature poised at Europe’s border anxious to swallow up Ukraine, Moldova, Lithuania, Latvia, and Estonia—If NATO would just allow him to do so.  But it is doubtful that his imperialist appetite would be any more satisfied with these conquests than it was with Chechnya or Georgia. In truth, Belorussia, Poland, Hungry, Czechoslovakia and all of Europe would shudder with that hungry Russian Bear on its border (reference, “The Russian Bear”). Ironically, both Trump and Putin relapse into a recidivism of “better” times that they imagine only they can resurrect. While Trump would reverse much of America’s 234 year evolution of its democracy, Putin would re-introduce Russia to a monarchic and aristocratic era not too dissimilar to the Middle Ages. When these men attain positions of power over others, their only intent is to amass more power, fame, and wealth without the least concern for the will or general welfare of their citizens. Moreover, the ego-obsessed brutishness with which these self-deluded strongmen govern are parallel parodies of paranoia.

 

Is it necessary—or even appropriate—for America to recover a former greatness or for Russia to reclaim its empire? The pursuit of a MAGA or imperial myth-shrouded past is to ignore responsibility to build a better future. History’s tragedies only repeat themselves when the lessons they record are ignored. In truth, neither Putin nor Trump care more for the welfare of their citizens than the advancement of their own interests and pursuits. While Trump was reducing staffing at the White House and appointing sycophants wherever he could to enhance his power, Putin had already concentrated his authority by placing his St. Petersburg gang in charge of key Russian industries and government positions. ³ Both men recognized the necessity to surround themselves with as few acolytes as they could control and to make themselves both the key decision-makers and prime controllers of their country’s wealth distribution. But Putin was better positioned to succeed in his quest for absolute power. He was following a path well-worn in the aftermath of a totalitarian system that had nurtured him from the very beginning of his career as a KGB operative. In addition, as deputy mayor of St. Petersburg and chairman of the Committee for Foreign Liaison, he obtained sole foreign purchasing authority. This chairmanship allowed him to organize his crime syndicate of smugglers, money launderers, and foreign mafias as his power base while his official government position allowed him to embezzle City funds, siphon off money from foreign sales, and extort money from a legal gaming industry. Putin’s St. Petersburg associates, some from his previous KGB period, were not only beholden to him, but anxious to follow him into his Presidency. They became his trusted cohorts and the wealthy oligarchs he often appointed to dual positions in charge of both key industries and their regulatory institutions. As President, any who might oppose him faced more than his anger, but an enabled flight out of a six story window. His St. Peterburg associates, however, he protected as fellow collaborators through whom he maintained control over key business sectors and much of Russia’s wealth. Likewise, Trump attempted to use his Presidency to profit himself (as detailed in previous blogs) and “his” billionaires. He was also willing to harm his or their supposed enemies. While Putin could use his FSB to quietly silence his opposition, Trump attempted to use the Department of Justice to punish his supposed enemies like CNN’s Jeff Zucker, and benefit Fox’s Richard Murdoch, his friend, prime supporter, and initially his regular confidant. In like manner, he tried to find a way to help his Florida neighbor from Palm Beach, Nelson Peltz, in his complaint against a common foe, Jeff Bezos of Amazon. Peltz had a $3.5 billion stake in Procter and Gamble, which he felt was threatened by Amazon’s purchase of Whole Foods, a major competitor. Of course, Trump was anxious to help since he considered Bezos’ purchase of The Washington Post a personal affront to himself. ⁴ Fortunately for America, Trump only appointed a few billionaires to cabinet positions in his government, though his policies could and did benefit many more of them. By comparison, he proved to be just a Putin wannabe or, as I have previously coined, a “Putin’s mini-me.”

 

It might seem that America’s very democratic roots would explain how its abhorrence of past czars or Soviet totalitarianism would naturally extend to Putin’s present day autocracy. But that assumption would be wrong. There were monarchists amongst our pre-revolution colonists. And there have been anarchists who have risen against our federal system of government throughout our history, not just during our Civil War. Texas once sought individual statehood and threatened war against the United States of America. Even the liberal focus of the so-called Locofoco’s transmuted itself many times between 1820-1870 to support potentially contending rights, meshing laissez-faire economics with the individual rights claimed by classical liberalism. Have we Americans ever resolved this conflict between hyper-capitalism and an equitable distribution of wealth in a democratic society (reference “American Exceptionalism Revisited”). Both the “robber barons” and the civil rights movements of women and Blacks claim their heritage from classical liberalism. Within America’s quest for individual freedoms, we can find white supremacists like the Klu Klux Klan from the 1870’s, Hitlerism in the 1930’s, McCarthyism in the 1950’s, Gov. Wallace in the 1960’s, and the Republican Party’s current flirtation with fascism (referenced here in its historical, rather than philosophical contexts). The point of this argument is that devotion to democracy is not divorced from the vagaries of human ambition or of its moral pitfalls. The paradox here is not in democracy, but in human nature.

 

How can men like Trump or Putin rise to occult-like power and demand absolute loyalty of their followers and/or subjects? Perhaps this loyalty is explained by Robert Wright’s diagnosis of a “conformist bias” in our nature (as quoted in “What is American Democracy’s Fate?”). Are we then so tribal by nature that we can ignore their actions—even at the expense of our American democracy or Ukrainian lives?  Both Putin and Trump violate the trust and moral beliefs of the people who willfully support their Don Quixote enterprises. But I know most Americans are not yet under the MAGA spell and would never consciously concede to the overthrow of our 234 year-old democracy. Likewise, I doubt that Russians not bilked by Putin’s propaganda would support his genocidal and unprovoked war upon a nation with which they share a common inheritance.

 

Although Russia and America exist under very different political and economic systems, they both suffer from opportunists who share a common interest in accumulating wealth and power at the expense of the governed. These men—yes, they are always men—will rig elections, surround themselves with their “gang of thieves,” create a “protection racket” to quell their enemies, and justify their ill-got gains as the messianic restorers of an imagined “past golden age.” This latter delusion is the product of their paranoia whereby they see themselves as the “great leader” whom all must acknowledge and follow. The architype they present to their followers is not that of a father, but of a warrior who will lead them into battle and eventual conquest. Neither Trump nor Putin are satisfied with merely winning but in vanquishing their enemies. Trump will destroy free elections, avoid accountability for his lawlessness, and disregard our system of checks and balances to become President forever. Putin will destroy Ukraine and any other independent country he considers an obstacle to his mission of recreating a Russian empire. Neither of these men want to destroy capitalism or their respective governments. Parasites need host victims. Instead, they choose to expand wealth creation, but mainly for themselves and their loyal cronies. And, of course, their egos demand obeisance and supreme command over their respective nations. Ironically, neither man fits the model of a warrior-king: Putin is a control freak, scared of being preempted (reference his quote from the title of my previous blog); and Trump is an occult leader demanding obeisance and undeserved flattery from others. Neither can withstand opposition. Trump will throw a temper tantrum or pen a hateful tweet; Putin will reserve a jail cell for anyone he finds disagreeable or personally offensive. These are men who have attained great power, but who act like ten-year-old brats and schoolyard bullies.

 

Paradoxically, both men seem bent on returning to the early 19th century, before the American Civil War and the fall of the Russian empire. An historian might conclude that they are both anachronistic in time and place—historically, square pegs misfitted into round holes. And that observation makes the parallelisms noted here the central paradox⁵ of this blog.

 

( . . . A Relevant Footnote for my American Readers:

It’s well past the time for us to turn away from unsupported “facts” and “assumptions” purported by bias news sources, hearsay internet nonsense, and incendiary political speech. Democracy cannot survive without an informed electorate. Check your sources. Challenge unsupported arguments. Research incendiary “facts” and withhold your consent until verified by trusted sources. The information age can be a wondrous expansion of individual awareness and knowledge. But it has also proved to be a bottomless well of misinformation, gossip, and self-serving propaganda. Our democracy depends upon us as informed and committed citizens.)

_____________________________________________________

¹ This quote and the Russian stats mentioned in this paragraph are taken from Thomas Piketty’s “A Time for Socialism,” pp. 178-181.

² These references to Putin’s work in St. Petersburg are described by Karen Dawisha in “Putin’s Kleptocracy,” Chapter 3, “Putin in St. Petersburg 1990-1996,” pp. 104-162. It should be noted that Putin began assembling his gang of miscreants while working for the KGB from 1985 forward. Eventually, he rose to the KGB leadership before becoming Prime Minister and then Acting President in 1999. He was still head of the renamed KGB, the FSB (Federal’ Naya Sluzhba Bezopasnosti), when he was finally “elected” to the Presidency.

³ Dawisha, ibid, the references in this paragraph to Putin’s Moscow period are taken from Chapter 4, “Putin in Moscow, 1990-1999,” pp.224-265.

⁴ Peter Baker and Susan Glasser, “The Divider,” pp.54-59.

⁵ According to Webster’s Ninth New Collegiate Dictionary, the etymology of “paradox” is the Greek, para, near, beside, along, and doka, opinion, notion, expectation. But, as anybody who has studied the Greek language knows (?), doka can be used in context to mean false opinion, delusion, or fancy (ref. Langenscheidt’s Greek-English dictionary). Webster does provide a definition closer to Greek usage: “a tenet contrary to received opinion” or “a statement that is seemingly contradictory or opposed to common sense and yet is perhaps true.” In ancient Greek, word definitions can subtlety change in context. In the context of this article, “paradox” is the only appropriate word that captures the odd, conflicting parallelism of democracy/kleptocracy, wealth/grift, ideals/delusion, or Trump/Putin. Regarding this last parallelism, I suspect my readers have no need of a Greek dictionary to relate to my phrase “parallel parodies of paranoia.”

Is War in Europe Inevitable?

                                 Nobody controls me here. I control everybody else. ¹
                                                  (Vladimir Vladimirovich Putin)

 

What should we have learned from Hitler’s suicide or from Mussolini’s bitter end? May I suggest that we must recognize that megalomaniac narcistic sociopaths never give up the tribal power they hold over dupped followers—unless overthrown, sometimes violently, or by their deaths. That power must be torn from their greedy hands, for they may well risk death before releasing their hold on dictatorial power—even by suicide. The irony here is that these chameleons (literally, “on the ground lions” or just pesky lizards) never exhibit personal attributes of service to others or to community except for a price. Instead, they make a pact: allow them absolute/unchecked power in exchange for relief of alleged grievances and vague promises of personal freedoms. History informs us that this type of exchange has almost never assured moral leadership or a just society—too often not even with religious leaders of both church and state. Rare are the dictators/monarchs/cult leaders who exhibit the moral leadership and personal integrity to enter such a social pact and deliver justice and freedom for all their subjects. Rather, they exact a heavy price. For they are men of weak character who weigh their power over others as appropriate accouterments to their personal fame and success. Without that power, these men might be pitied as delusional or wholly fanatic. They give little or no credence to their promises of securing the personal freedoms and just governance of their followers. Rather they extort them and abuse their trust while maintaining deniability of their personal misdeeds. They recoil behind the shady cover of their power and control, ever ready to strike down any opposition. “Why do they act thus”—you might ask—perhaps because they shrink in fear of being held accountable for their actions.

 

Putin is losing his unprovoked war against Ukraine. Not only his credibility, but his presidency is on the line. He came to power promising a renewal of the Russian empire and the establishment of a “vertical” power system exclusively administered by himself. As mentioned in my previous blog, Putin considers himself as the embodiment of the state, much as Trump believes he is the “greatest President in history.” These men cannot willfully separate themselves from their self-identification with the power they hold. For they believe themselves above the law. Without that power, they become not just normal humans like the rest of us, but the faux personae they attempt to hide from view. These men want to “control everybody else” because they refuse to be governed by others or risk being seen for who they really are. Their values are honed by their own self-interests, not by other’s or even society’s. They pay less heed to values, laws, and norms of decency, nor to any intimation of humanitarian concern for the welfare of their fellow citizens, even though they pretend otherwise. As a result, these men stand apart, unconstrained and intractable in their quest for power. Putin, for example, wants to resurrect the Russian empire of the 19th century. He must then be Czar-like. Therefore, he will eliminate all obstacles in his path to power and glory. Trump, by comparison, can never concede his election loss. He must be President forever wherein he can use his bully pulpit to belittle/attack all opposition. He rails against any slight or criticism, sparing neither political opponents nor even the institutions of government, his so-called “deep state.” Both Trump and Putin have waved the big stick of nuclear war like any bully on a school playground. Before Trump fell in love with the North Korean dictator, he bragged that he could wipe North Korea off the world map. More recently, Putin has threatened NATO, the US, and, of course, Ukraine with his extensive nuclear arsenal.

 

We have seen the devastation these types of men leave in their wake. The conflagration of World War II is not dissimilar to the genocide and brutal destruction of societal infrastructure we now witness in Ukraine. The shots fired against Ft. Sumpter are also not dissimilar to the Trump-inspired brutal insurrection of J/6 and its aftermath of white supremacists’ death threats. America and the free world cannot compromise or cede any ground to such men for they cannot be mollified by concessions. They feast on each step won towards eventual total victory: state by state for Trump; and country by country for Putin. They must have it all and never concede their power over others, whereby they would lose their self-identity. Instead, they stand alone, self-justified, answerable to no one, and driven to extend their power over others unchecked and uncontrollable. Throughout history, these types have been the ruin of established societies and cultures. Left unbridled, they leave only chaos and suffering in their wake.

 

While Donald Trump is almost a comic book character, ranting and raving with conspiracy theories, lies, and imagined grievances, Putin waves the flag of nuclear war and attempts to mobilize—that is, forcibly draft—Russian men to fight an unprovoked war of his sole creation. Ukraine never threatened Russia. In fact, it had merely resisted Russia’s illegal meddling in its attempt at self-governance. Stymied by this resistance, Putin chose military conquest of its neighboring state. This violation of national borders is a breach of the UN Charter which Russia, as a member of the Security Council, is sworn to protect. Trump, whom I once called Putin’s “mini-me,” attempted to trash a free election, the very soul of our democracy and in violation of our Constitution. While our Constitution is the bulwark of our democracy, the United Nations’ Charter is similarly constituted as the bulwark of peaceful co-existence among nation-states. It is the only international agreement specifically designed to prevent a rogue state from infringing on the territory and sovereignty of another state—and possibly initiating another world war. ²

 

To my mind, the problem both America and the world face today is both existential and a test of character. History tells us these “strong” men must not be allowed to carry out their ego-driven demand to hold near absolute power and threaten their chosen adversaries at will. Trump’s lies and incredulous ravings arouse the specter of violence, as we have witnessed on J/6 and almost daily from his mouth since. Meanwhile, Putin’s oft-repeated nuclear threats attempt to hold the free world at bay while he decimates the land and people of Ukraine. That which Trump cannot achieve lawfully—mainly due to negative judicial decisions, he will attempt to win via his tribal threats of violence against the establishment. That which Putin’s military does not win on the ground, he will simply destroy by rendering all of Ukraine an unlivable wasteland. Such a vacuous victory is further proof of the invalidity of Putin’s ploy of restoring greater Russia. A generation of Russians would have to live with the stain of his inhumanity hoisted upon their shoulders. He, like Trump, has no other goal than self-aggrandizement. Both deluded men want to vanquish their supposed enemies and silence all critics of their behavior. Both men despoil the heritage of their respective nations and belie the integrity of their people.

 

What can be done to stop these besmirched soul-brothers? As a formerly registered Republican, I hate to admit the need to defeat the Republican Party at every level of State or Federal office. The Grand Ole Party cannot be allowed to rigg the next election as Trump demands of his sycophants. Republicanism can only be restored when cleansed of this virulent parasite and his quest to overthrow our Constitutional government. Eventually, Trump will be held accountable by our judicial system. Putin, on the other hand, faces an even greater danger, for Russia has never dealt lightly with failed leaders. As a former Russian foreign service operative admitted, “we do not simply remove the man in charge, we kill him.” It will not go well for Putin as a former KGB operative. He will not be forced into retirement like Gorbachev or Yeltsin. Perhaps, he will be induced to jump out of a six-story window, a KGB fate that has befallen to many of Putin’s antagonists. He must know and fear this outcome, making him even more dangerous.

 

Neither America nor Europe wishes to engage Russia in actual combat. And no country can forbear a nuclear cloud over its horizon. But if Putin persists in doubling down on his aggression, then conflict may be unavoidable. If Putin cannot stop Ukrainian soldiers with his undisciplined army and extensive firepower, then he likely will escalate his attack with further atrocities against Ukrainian civilians. If NATO and the American military have not already considered the West’s response, they will have failed in their due diligence. It may well be time to show the West’s resolve. When Putin amasses his newly mobilized forces of potentially 300,000 or more soldiers on the borders of Ukraine and his allegedly “breakaway” Russian republics in Southern Ukraine, it may finally be time to ready NATO forces on Ukraine’s Western borders. How long would it take the West to destroy Russian aggressors with the superior firepower NATO has both from land and sea? That war would end in weeks and leave Russia unable to mount a threat from its shared borders or from its naval fleet at the bottom of the Black Sea.

 

You might ask, how close would the world then be to a nuclear disaster? Too close, for sure. But remember what stops men like Hitler. While Donald Trump can and will eventually fall to the gavel of the courts, Putin can only be stopped by force—or the promise of force. Although his Presidency exists in a “vertical” system of unchecked power, I do not believe the Russian people will allow Putin to take them to the brink of nuclear war. Already, his mobilization of Russian civilians is spreading dissonance among his people. Why would any Russian want to conquer a destroyed and bombed-out country to fulfill the grandiose ambition of a megalomaniac? Are they willing to kill more Ukrainian civilians or occupy a demolished and devastated country for the sake of one man’s assault on windmills? I have had a few Russian friends in my lifetime and can assure my readers (some of whom are Russians) they are not fools–but seriously loyal to family and country. If Putin persists in raising the stakes of his war, Russians will resist and revolt against his lunacy for the sake of Russian heritage and the future of their children.

 

Some years ago, I sat in a class led by the man who coined the word “glasnost.” He was part of Gorbachev’s administration.  Although “glasnost” (openness) and “perestroika” (restructuring) were sidelined by the communists, the KGB, and the unfortunate ineptness of Yeltsin, there were millions of Russians who hoped for a more humane government. Even Putin promised to protect democracy, but in exchange for absolute rule over his vertical power system, as stated above. The “man would be king,” accountable to no one. But did he protect democracy as promised? We now know he won his first election in 2000 because of a massive fraud coordinated by the Kremlin in support of his Unity party. Among the elements of this fraud were (1) the inexplicable rise in registered voters, (2) evidence of ballot stuffing & election day fraud, (3)  intimidation of the vertical chain of command that reached down through governors, the military, the universities, and farm managers, (4) vote switching after being cast, (5) inexplicable changes in electronic transmission of vote counts, (6) and the telltale elimination of evidence by the summary destruction of “troublesome” voting records. ³ This history is not what Russians were promised by the then young and popular Vladimir Putin. Nor did Americans anticipate Donald Trump’s attack on our democracy as outlined in my blog, “What is American Democracy’s Fate?” But both men exemplify how power-hungry men will connive and prosecute a fraud to gain the seat of power and endeavor never to give it up. It appears likely that every Presidential election during Putin’s reign has maintained some elements of his initial fraudulent election. Likewise, Trump is already planning to reuse in the 2024 Presidential election the same criminal techniques he introduced in the 2020 election to defraud the electorate.

 

What can and must unite the nations of the world—to include Americans, Europeans, Ukrainians, and Russians—is the common and hopefully universal desire for peaceful co-existence. All peoples should also share a common desire for a government that treats its citizens with respect and secures their individual freedoms. We cannot allow power-crazed leaders to serve their own interests or paranoia instead of the common good of their countrymen. Nor can we allow any post World War II leader to drag his/her country into modern era hostilities that can far exceed the conflagrations of the last century. What we witness now in Ukraine is the insane senselessness of a war where its spoils consist in the total devastation of a country’s infrastructure and the genocide of its innocent civilians. Moreover, nearly every country in our globalized economy has been affected by this unprovoked invasion of Ukraine. But one man stands alone as responsible for this global impact. At this writing, he seems to weigh his vision of a “greater” Russia as more imperative than the costs of war in lives and hardship. Like the man he favored as America’s former President, he values his winning above all else—even though, literally, everybody else loses!

 

Will the unprovoked invasion of Ukraine result in a greater war in Europe? Will Putin’s genocidal conduct of this war lead to indictments in the proposed International Court of Human Rights? Perhaps, Russians themselves will remove Putin from office, thus avoiding a greater war, creating the possibility for a de-escalation of fighting, and allowing a world court to hold accountable only the warmongers rather than besmirch the pride of the Russian people in whose name Putin acted alone. Certainly, it would take time for the violence and atrocities of this war to be forgotten. But time will cure grievances and soften the memory of personal loss, as it did in Europe after its last great war. Rather than escalate to win at all costs—as it appears to be Putin’s wont—why not institute a cease fire now and pursue peace and reconstruction.  Both Ukrainians and Russians share history and even current familial relations. These are not two people who should be at odds with each other. Divisive politics should never take precedence over our common humanity. And no system of government should allow an executive to rule as if above the law and unaccountable to the people he/she serves. Russia is the largest country with the greatest nuclear stockpile in the world. Both the Russian people and the world need Russia to be a responsible partner in the global economy and a progressive leader in maintaining the peaceful co-existence of all nations.

 

_______________________________________________

¹ This is an exact quote from a lengthy interview Putin had with three journalists before his 2000 inauguration as President of Russia. That interview became his famous autobiography, “First Person,” as quoted in Karen Dawisha’s incredible journalistic tour-de-force, “Putin’s Kleptocracy,” p. 252.

² On May 13th, I published a blog entitled “The Russian Bear.” Therein, I suggested changing the role the Security Council now has over UN initiatives. The UN should be governed by a majority of nations that comprise all the continents of the world, not just the former allied partners of World War II. And the Security Council should comprise only those nations willing and able to support the charter of the UN by force if necessary. I offered this suggestion as a starting point for serious discussion. For, If the UN had a more inclusive and effective military force in this manner, Putin’s Russia would not be just facing global economic sanctions but a military confrontation with the entire planet.

³ Ibid., “Putin’s Kleptocracy,” pp.243-250.

The Queen is Dead, Long Live the King

National states institutionalize their transitions of power in different ways. Britain, for example, is a Constitutional Monarchy. Neither King nor Queen can determine or direct the political actions of its elected ministers, at least not in any explicit way. The weekly meetings of the monarch with the Prime Minister are secretive and meant to be purely advisory—for the monarch presumably has experience encompassing the span of numerous Prime Ministers. The monarchy, as an enduring inheritance, links the British people to Britain’s past achievements and to their shared identity. As a result, Britain’s government expresses the will of its people via its elected officials, whereas its monarchy speaks to its unique identity and historical heritage. The monarch embodies British identity and, by that means, inspires patriotism.

 

What can we Americans learn from the British? Our heritage exists as a clear break with monarchy in lieu of our democratic republic. Certainly, our governing Constitution reflects the influence of Great Britain, especially in its inclusion of Britain’s Bill of Rights. But we have no historical analogue of past monarchical or colonial power to unite us as a “great nation.” In fact, many of our ancestors left the old world of monarchies and empires with no intention of establishing their like in the new world. We not only fought the British to gain our independence, but we also expelled the influence of many other European monarchies, to include the Russians, the French, and the Spanish. We refused the incursion of all established monarchies in the land we claimed as ours by birthright, even to the exclusion of its native inhabitants. Our past, like the monarchies of Europe, holds its own skeletons, but it also established a constitutional democracy that has persisted for 234 years. Like the Brits, we too love our country and its traditions. But why do we not show the same love of country in the pageantry and solemnity that the British so marvelously exemplify in their transition to a new monarch? Do we thereby lack pride in the inauguration of a newly elected head of state? Instead of celebrating a candidate’s electoral win, we tend to mourn the loss of our chosen candidate. Instead of welcoming the changes the electoral majority chose, we too often denigrate and oppose them—without proposing compromises that mitigate the concerns of the electoral minority. Free elections are the heart of a democracy. And compromise is that heart’s rhythm played to the tune of our general welfare. We Americans should celebrate both our free elections and the spirit of compromise that insure our unity as a people and the overriding inclusiveness of our unalienable rights. Should we not be as proud of our Constitutional democracy as the Brits are of their Constitutional Monarchy?

 

Well, at least we do not lack for hubris. The inauguration of President Biden was not even attended by his predecessor who disdained his successor and our electoral process. Though we can brag about free elections, we rarely take the time to honor its heritage. Whereas the Brits can very openly acknowledge their pride and patriotism in the person of a beloved monarch and in the passing of the crown to her successor, we Americans often seem unaware of our unique heritage as a fully democratic republic and of the peaceful transition of the Presidency after a national election. Like the British, we have a democracy with all the political tribal conflicts that it naturally generates. But we seem unaware or unwilling to acknowledge our heritage as the longest surviving democracy in history. And that unacknowledged heritage too often can make us complacent about our citizenship. Since no crown is passed in America’s transition of power, we have no concrete symbol comparable to a monarchical succession. We have no such symbol to solidify the permanence of national identify or inspire our patriotism. Instead, we have state and national elections, usually prefaced by messy and discordant campaigns whose electoral outcomes are undetermined until the final vote counts and their certifications. But electoral outcomes are the point of a democracy. If we cannot accept, even celebrate electoral outcomes, then we fail as citizens of the world’s longest surviving democracy.

 

Of course, we must always be on guard to preserve free and fair elections. Court challenges, recounts, and ongoing reviews of individual state voting laws are required to assure election integrity. All democracies must sustain their legal foundation. Preserving our democracy is an ongoing task that requires assurance that every vote counts. But it also demands the full support of every citizen. If we fail to support free and fair elections, if we allow our voting systems to be impugned without evidence, if we permit bad actors to change established vote counts, to decertify elections illegally, to suppress the right to vote, and to not accept the results of a free and fair election, then we lose the mainspring of our democracy. And with that loss, we lose our freedom—the very heart of our democracy or its ens causa sui,²and the main inspiration for our patriotism. As our first President chided us, once we lose our freedom, we forgo the unity that makes us a free democratic nation. And the reverse is equally true: divisive politics not only can destroy our unity as a nation, but our freedom as citizens in a democratic republic.

 

In America, the freedoms assured us in our Constitution are secured by the Judicial Branch of our government. We are, as we proclaim, a “nation of law and order.” Surprisingly, Russia’s Constitution also supports democracy, but, as Vladimir Putin proclaimed in a February lecture before his March election in 2000, “there should be a clear institution which would guarantee the rights and freedoms of citizens independently of their social situation. . .  This institution can only be the institution of the presidency.” ¹ In other words, In Putin’s Russia, all power to govern personal freedom resides in the presidency, or in the hands of Vladimir Putin. He is the state. In America, we would characterize his position as being above the law. And is that position not dissimilar to Donald Trump? He refuses to accept the results of a lawful election. He claims executive privilege to hold and store classified documents that belong to the State and subject to the authority of a duly elected President. When in office, he abused the authority of his office by pardoning convicted criminals whom he considered personal loyalists. He positioned sycophants in our democratic institutions to assure their loyalty to him rather than to the American public. In these and many other actions, he acted not as a public servant, committed to our Constitution and the preservation of our democracy, but as Putin would act, that is, a man who is above the law.

 

Today the Brits buried a beloved Queen with celebratory pageantry. They will miss her and the many lessons she taught her subjects in service to a great country and its people. We Americans too appreciate her and what we have embraced of the British experiment in self-governance. And we can still learn from the Brits how we should celebrate our own heritage as a Constitutional Democracy. Perhaps, more poignantly, we Americans need to reevaluate our support for the democracy we have inherited and the qualifications of the candidates we elect to support it. As a people, we are the agents of our own history, to include the democratic values we pass to our heirs.

______________________________________________________

¹ Karen Dawisha, “Putin’s Kleptocracy,” p. 236. (Ms. Dawisha’s book is a journalistic encyclopedia of all the events that allowed a former KGB officer to create the mafia-stye kleptocracy that is modern Russia.)

² Ens causa sui, I would translate as a “something that exists for itself”. There is a danger in quoting Sartre in that he qualifies things within the frame of its opposites. Here, I’m asserting that “freedom” is an ens causa sui as the basis for the exercise of all values we humans create as the free moral agents “by whom values exists.” Reference Jean-Paul Sartre, “Existentialism and Human Emotion,” pp. 91-96.

What is American Democracy’s Fate?

Is America’s democracy fated to end because of intrinsic unworkability—as its enemies assume, or of the inevitable ambition of political factions—as warned by its first President, or of the indifference of its citizens? By its definition, democracy should provide us Americans the ability to demand a legislature responsive to our needs, to hold a rogue President accountable, and to demand that a wayward Supreme Court interpret the law in terms of the fundamental rights sanctioned by our Constitution. ¹ But some might challenge whether our democracy is still viable or even whether Americans care enough to maintain/restore its viability. They might question whether America can or should be ruled by the free consent of the governed, whereby the general welfare might be served. Further, it can be questioned whether public consent is even relevant if not informed of its valid options or, worse, if duped by malevolent factions to serve special interests rather than the general welfare. Does consent of the governed still imply both the choice to vote one’s conscience, the wisdom to vote for the general welfare, and the responsibility to accept the will of the majority? If so, then democracy cannot fail unless its supporters fail it. They can choose not to vote. They can choose to vote against their own interests—perhaps due to ignorance or misinformation. They can choose their perceived self-interests over the general welfare. And they can refuse to accept the will of the majority. In other words, democracy’s fate is in the hands of its citizen-supporters, the voting public. They can maintain a vibrant democracy or surrender its fate to self-interested factions or parties all too willing to usurp power and overthrow democratic rule in favor of some form of aristocratic, autocratic, or fascist regime.

 

Oddly, we are now witnessing the very threats to democracy that our most influential founding fathers feared. George Washington, for example, defined the threat that political factions presented “by which cunning, ambitious, and unprincipled men will be enabled to subvert the power of the people and to usurp for themselves the reins of government, destroying afterwards the very engines which have lifted them to unjust dominion.” ² He was warning Americans against returning to a tyrannical regime not unlike the monarchy against which they had just fought a revolution. Paradoxically, has not the current Republican Party already caved to “cunning, ambitious, and unprincipled men” who have conned voters with promises to relieve their grievances in exchange for elected office? Have they not been led by a former President who had used campaign funds for personal and dubious purposes and granted pardons to sycophants who broke the law in support of his lust for power and money? And has not this rogue President and his coterie of enablers encouraged and abetted an insurrection against our Capitol to overturn a national election and assure his continuation in office? I believe we have just witnessed the very subversion of democracy (“the power of the people”) that Washington feared. But is it already too late to salvage our democracy, and is its fate already determined?

 

After the Constitutional Convention of 1787, Benjamin Franklin, perhaps our most influential founding father, was asked what form of government was agreed upon. He responded, “a Republic if you can keep it.” Like the other signatories of our Constitution, he understood the fragility of a democracy and its dependence on a free and informed electorate (reference “A More Perfect Union, or Not?”). But are our elections free in states where redistricting subverts the electoral count and where voter suppression laws limit citizens’ access to voting? And how informed is an electorate bombarded with lies and conspiracies posing as truth? Often, these untruths are touted by craven politicians who campaign for office by willfully deceiving their supporters. It is now commonplace to blame this demeaning of politics on the press and/or social media for this subversion of democracy. But who is more responsible for democracy? Certainly, politicians, the press, and social media all have a role to play. But, ultimately, every citizen in a democracy is responsible for his/her vote. We decide who to trust in office and what information source(s) are reliable and trustworthy. President Truman’s statement that the “buck stops here” can also refer to every American citizen of voting age. For, ultimately, we alone are responsible for the fate of our democracy.

 

At this moment in America’s history, we should be concerned. How so? Well, Americans appear divided and stalemated in so-called “culture wars,” as reflected in replacement and critical race theories that harken back to the same animus that resulted in our Civil War.  Unfortunately, the embattled side under attack in this new “war” appears to be democracy itself. The Supreme Court decides cases based on narrow legal justifications and antiquated history without reference to contemporary precedent, relevant science, or the general welfare and in defiance of most Americans (reference, “The Supreme Court: a Bulwark of Liberty”). And the congressional stalemate effected by one Party can stop the favored policies of the majority and its duly elected President. Rather than debate and critique his policies to better serve the public interest, the current minority Party would rather invalidate the will of the electorate. By way of gerrymandering in the House and the filibuster in the Senate (reference “Majority Pejoraty”), both the Senate AND the people’s House can now be controlled by a minority of the electorate. As a result, even if an American votes with the majority, his/her vote may no longer determine the desired outcome. The irony here is that the systemic protections of the minority that were built into our government—i.e., two senators for each State regardless of population size and the Supreme Court’s check on the other branches of government—have been turned unfairly against the majority. As a result, the general welfare may slowly become an anachronism, and democracy itself could slip surreptitiously into the ashbin of history.

 

If you doubt this potential outcome, then you are either unaware of this pivotal point in our nation’s experiment with democracy or perhaps you are aligned with the minority who seek succor in a recalcitrant past rather than a dynamic future we can make better. This new governing minority believes that climate change is a hoax, that abortion is a crime under most, if not all, circumstances, that citizens should be licensed to carry weapons openly and be allowed to own weapons of war. This minority seems to concede, perhaps unwittingly, that America’s wealth distribution can/should mirror Putin’s Russia, that racial or sexual differences should differentiate some of us from normal human beings, and that a Supreme Court precedent established a half century ago as a fundamental right under the Constitution can and should be eliminated. I do not believe these outcomes are desired by most of us Americans, but they can be and are already becoming determinative of our fate—along with the fate of our democracy and, in the case of global warning, of the human inhabitancy of our planet.

 

Nevertheless, there are some Americans who would disagree with this analysis. They may be supporters of the January 6 insurrection that attempted to stop the certification of our Federal election. Not since April 12, 1861, when Jefferson Davis gave the order to fire on Fort Sumpter, has an armed insurrection been waged against our government. And our Capitol has only once been attacked and occupied. And that assault was conducted by the British during the War of 1812. Currently, the J/6 Commission is unraveling the role our former President and his allies played in promoting the 2021 attack and plotting to overthrow a national election. As important as this Commission is, it still begs the question how we Americans could have elected a President who would so criminalize his administration and attempt to orchestrate the overthrow of our Democracy. What precedent led to this fateful outcome?

 

Although that former President never gained a majority of the vote, he did serve one term as our President. His incumbency—or wanton “continuation” in office, as he enjoined—was defeated by more than double the differential from his initial campaign in 2016. But he would not concede, claiming he could not lose unless the election was rigged. And, as with any candidate for office, he was allowed to challenge vote counts in the courts and request recounts wherever margins were close. But he lost 61 court challenges³ where his legal team failed to produce any evidence of fraud. At his campaign’s request, multiple recounts were provided in several states, namely in the so-called “swing” states. But no fraud was uncovered, though in many recounts, a few more votes were found for his opponent. Subsequently, his team of lawyers were roundly criticized by judges for initializing court proceedings without any evidence of misconduct or fraud. In fact, some states punished these lawyers with disbarment for their unethical behavior. Further, as the J/6 Commission has revealed, his enablers organized phony electors to replace those selected by voting majorities. He personally pressured Secretary of States and the Department of Justice to “find” more votes for him or declare unwarranted fraud investigations into vote counts, respectively. And, as a last resort, he ordered a violent insurrection to assure the States’ vote count would not be certified by his Vice President as he had demanded. These actions belie any interest in or commitment to fair elections—the very essence of democracy. The only fraud here was his accusation of fraud. In truth, the fraud he claimed was his own.

 

How did we Americans fall under the spell of this criminally duplicitous and despicably stereotypical anti-hero? We did in fact elect him to the highest office in the land. Well, William Shirer explained how Hitler came to power. Tim Snyder, Fiona Hill, and many journalists have recorded how Putin gained absolute power in Russia. There is a familiar roadmap these tyrants follow to gaining absolute power. More recently, Victor Oban, like Donald Trump, has been blazing this well-worn path to dictatorial rule and the demise of a democracy. As one of the guest speakers at a CPAC meeting he heralded Trump’s credentials as the leader of the Republican Party. And, at the same meeting, Trump repeated his claim that he won his second term despite the “fake” press and the “rigged” vote. If he had continued in office, he likely would have succeeded in his quest to redirect the institutions of government from serving the public to satisfying his whims and self-interests. And, if anybody besides Mary Trump had bothered to notice, Trump’s interests have never varied throughout the course of his life—specifically fame, power, and money. When has he ever had any interests in the welfare of the renters in his housing projects, of the gamblers in his casinos, and of the workers who built his hotel empire, or shown any responsible concern about his indebtedness to lawful contracts or to the IRS?  Those concerns, he learned, could be forestalled, discharged in bankruptcies, or even forgotten by the delay tactics of his lawyers—who he hired but, characteristically,  often failed to pay. Frankly, Trump could have continued his grifting and double-dealing indefinitely without the Presidency. Why then did he campaign for the Presidency; and why does he cling so desperately to the office he lost in a fair election?

 

There are at least two reasons for Trump’s insistence on holding onto office like a crab clinging to a rock in constant fear of being swept away by an undercurrent. First, the Presidency is the best grift he has ever had. Protected by the office, he can raise campaign money for his private use without reproach from the law. In the same vein, he can funnel business to his hotels or golf resorts—as he often did—whether housing Secret Service details or foreign dignitaries. Second, his return to the business world would likely become another financial disaster, as his six bankruptcies have foreshadowed, and current legal investigations promise. For Trump, the presidency is a lifeline and a shield behind which he can hide his criminal pursuits. But, for America, it can and would be a death knell that could seal our democracy’s fate. How then could so many Americans fall under Trump’s spell?

 

The answer to this question starts with the “MAGA” hat. It functioned as a rallying sign of and for Trumpism. His followers identified with his grievances, followed his direction, and wore the hat. As evolutionary psychologists, like Robert Wright, attest, blind credulity prevails in at least some situations—rather like the Stockholm syndrome or an occult following. He explains that there is a “conformist bias in human nature that people . . . accept an elaborate belief system that outside observers find highly dubious.” ⁴ On the day of his inauguration, President Trump outlined his belief system. He began and ended his speech with grand patriotic fervor. But from his first mention of “American carnage” and throughout, he took pains to vilify American governance, in effect, to separate himself from the continuity of the American system. He had a different agenda in mind. Characterizing his Presidency as a “winning” enterprise, he implicitly forecasted his war against the institutions of our government and his self-perceived ability (“only I can”). And his wins, he asserted, would be wins for his MAGA followers. He ended his speech with a rallying cry, promising that he would “make America great again.” But his only specific promises—regarding rebuilding infrastructure and increasing middle class wealth—proved never to be priorities in his subsequent Administration. Instead, these promises—like his war on “American carnage”—were indeed “highly dubious” and no more than shameless pleas for support from his MAGA supporters. In other words, his Presidency would be, as it proved, solely about him, not about America or its citizens. And yet many Americans chose to support—even admire—him as a unique politician, rather than a highly ostentatious occult leader.

 

During his first campaign for the Presidency, Donald Trump was not just an anomaly, that is, a non- politician running for the highest office in America. He was captivating. After years on national TV as the star of his own show, he had mastered the role of showman. His suit and tie, his makeup, even his coiffure, were carefully designed to the image he chose to present. He was an attractive iconoclast who presented himself as the “common man’s” hero, the leader who would crush political hypocrisy and the unresponsive “deep state” in the service of all aggrieved Americans. Of course, he was not the image he presented. Instead, he was, as his niece, a professional psychologist diagnosed, a narcissistic sociopath. The only interest he would serve in office is the same he served his whole life, that is, his self, even at the expense of all who might oppose him. As a veteran grifter, he had amassed a fortune by cheating the IRS, the Las Vegas casino establishment, donors to his Trump Foundation, and erstwhile students at his Trump University. His self-avowed motto as a financial tycoon was “winning” with other people’s money—or “OPM,” as he coined his business wizardry. And, as President, “OPM” continued to roll into his coffers at Trump establishments and via the Republican Campaign Finance Committee and political rallies. In addition, he was and is vindictive towards those who oppose him, chauvinistic towards women, and given to out-of-control rages when he does not get what he wants. Considering his many personal deficits, what explains his occult-like popularity? And how did we Americans come to entrust our democracy into the hands of this flawed human being?

 

For some, voting for Trump may have been their protest of dishonest politicians who promise what they never attempt or even intend to deliver. For others, Trump personified a semi-mythic persona who had no restraints, offended who he pleased, and acted in his own interest without regard for the opprobrium of society or the constraints of law—a kind of anti-hero. The J/6 insurrectionists are just one example of his influence. Unwittingly, they became his Nazis brown shirts. Often, animosity towards his antagonists would result in death threats from his supporters whom he proudly called “my people.” Within his Administration, he quickly fired prospective or active antagonists and replaced them with sycophants. These actions follow the pattern of “cleansing” dissidents as exemplified by nearly all dictators. But they also spell death to any democracy for they tend toward sabotage of the institutions of government. As helpless victims, we Americans became witness to the subversion of our public service institutions to his interests or whims, thereby negating the very purpose for which they were founded.

 

If Americans feel helpless today, who do we blame? It would be self-serving merely to blame Trump, unless we recognize who voted him into office. At the very beginning of his Presidency, his initial acts in office revealed his biases against American institutions and his shameless incompetency (reference “Competency and the American Presidency,” dated 2-9-2017). He never hid from public exposure. His animosities, his lies, his self-aggrandizement were all part of his shtick. Perhaps we were all mesmerized by his monopoly of press and airtime. But the Trump show had a throughline that spelled the end of America’s experiment with democracy. Perhaps we could not have imagined an insurrection, a rogue Presidency, his corrupt—even criminal—appointees/partisans in government, and the subordination of one of our two major political parties to his will.  ⁵ But, I believe, most of us Americans now know better.

 

There is now afoot a new subversive initiative to extend Trumpism to all levels of government, from State administrations to the Federal government. Its initial purpose seems dedicated to controlling public elections by campaigning for his supporters, especially for those who could control voting or certifying vote counts. Instead of “stop the vote count,” Trump now wants to control the vote count. He has prepared the public by first accusing others of his own intended behavior. Formerly, he protested rigged elections, while planning that very reality. When Democrats decry this second attempt to rig an election, he will claim his innocence by couching his democratic coup attempt as election “reform.” Building on minority attempts to control Congress, Trump will then steal votes that would assure for his Party—and therefore for him as its leader–the absolute control of the Federal government. If Hitler had not been successful after the Reichstag was destroyed, he probably would have taken control of the public voting apparatus, as Trump is now attempting. The dictator toolbox is always the same: first the brown shirts and demagoguery, then the takeover of government by whatever means—to include gutting judicial oppositiion, and finally control of public information. (Note for America’s news editors: the “fake press” continues to be part of Trump’s subversive agenda, at least until he can make it his own.)

 

How should we Americans react to this assault on our democracy? Surely, we need to re-form—that is, reestablish—our democratic system and do so responsibly. In this case, reform must harken back to our founding principles. If all of us are created equal and have the same unalienable rights, as Jefferson demanded, we must reform our government to assure those rights include the general welfare of all citizens, inclusive of race, gender, or national origin. And “we the people” must re-spond –that is, answer back—by demanding those rights for all if we are to realize a more perfect union of our democratic states. ⁶ “Responsibility” literally means to become answerable and, specific to this context, “morally, legally, and mentally” accountable for our vote. Of course, in a free society, there are so many determinative influences on our judgment. There really are fake news outlets, the hearsay created in social media, and self-interested purveyors of goods and promises that devalue our free choices. Nevertheless, we can be consciously aware of our American ideals and make them the grounding premises for our actions, including our votes. Is it so difficult, for example, to vote for responsible gun ownership when we have experienced over 400 mass shootings in the first eight months of this year? How hard is it not to vote for a politician who incessantly lies or runs afoul of the law? The rule of law is paramount in any democracy. And how useless—even ridiculous—is it to support far-out theories of visitations from deceased patriarchs, Jewish lightning strikes, or Italian satellites decoding election counting machines? Voting in a democracy does demand a sound mind, as well as moral judgment and respect for the law. We must be capable of as much or be utterly undeserving of our democracy.

 

We really have no other choice but to restore our government to its primary purpose, which is to serve our general welfare and evolve into a more perfect union. For only we have the power to determine the America our children will inherit and the fate of its democracy.

__________________________________________________________________

¹ The “general welfare” harkens back to Jefferson’s “unalienable rights,” which include “life, liberty, and the pursuit of happiness.” It is the principal upon which the Supreme Court can define fundamental rights not otherwise specified in the Constitution. The Ninth and Tenth Amendments provide the Supreme Court the authority to do so.

² George Washington, “Farewell Address.” Also referenced in my blog, “Presidential Farewell Addresses.”

³ The incumbent Presidential candidate did win one court case. That case allowed the mail-in ballots to be counted after the in-person ballots in one swing state. Since he asked his voters to vote in-person, he expected to be ahead in the early vote count. His election strategy had anticipated he would lose the overall vote, so he planned to announce his victory before the mail-in votes could be counted—which he did on the evening of the National Election. This strategy was just one part of his overall fraud strategy.

⁴ Robert Wright, “The Evolution of God,” pp. 464-465.

⁵ On 12-1-2016, the month before Trump assumed office, I wrote a blog that outlined a few concerns Americans should have about what I euphemistically—perhaps more ironically—called the post-modern world (reference “How to Survive in a Post-Modern World”). On 7-1-2018, about a year and a half into the Trump Presidency I addressed his impact on the Republican Party in another blog (reference “The Manchurian Party”). These blogs now seem like bookends to the Trump presidency.

⁶ In my blog “A More Perfect Union, or Not?” I described George Washington’s first principle of our democratic state as the indissoluble bond between love of liberty and the preservation of our union.

The Present Moment

Can you feel that one moment in time when a breeze burns the leaves into sparkles of light?

Do you see in our sky the protective umbrella that shields us from gamma rays’ threat?

If you breathe, you must know that the past and the future already exists in this now.

We can feel and can see a small part of a world still unfolding to us, but more now,

for we live but a moment compared to the span of light’s high speed trek through time.

With new lens-telescope, what has been and will be now exists in our time, in our now.

So, sniff the breeze and breathe the air, delight in lights dance and earth’s gifts

For now, you live in eternity.

 

____________________________________________

AJD, 7/16/2022

The Supreme Court: A Bulwark of Liberty

My previous blogs, some might surmise, seemed to tread on a closely held conservative tradition often attributed to Thomas Jefferson concerning states’ rights. But Jefferson espoused much more than the states’ rights heralded by contemporary Republicans. His Declaration of Independence espoused the rationale for separating the colonies from Britain. But it also established the foundational principle for a new government based upon “the laws of nature and of nature’s God.” The grievances listed in his Declaration did more than merely subjugate Americans “under absolute despotism.” For they invariably violated this natural order wherein we humans are “created equal . . . (and) endowed with certain unalienable rights, that among these are life, liberty, and the pursuit of happiness.” With these words, the Declaration set the ground rules for the American Constitution. Before its creation, no other document in history attempted to create a democratically inspired government founded on the very nature of humanity. Therefore, if all of us humans are to be treated as equal, then every executive or legislative action must assure that equality. Consequently, the American Constitution also created a judiciary as its third and equal branch of government and the final arbiter of our individual liberties. As Hamilton stated in Federalist 78, “the courts of justice are to be considered as the bulwarks of a limited Constitution against legislative encroachments.” ¹ In fact, all instruments of governmental power—executive and legislative, whether federal or state—fall under judicial review, with the Supreme Court as the ultimate arbiter of justice in our American government–literally, a bulwark of our liberty. 

 

Before delving into Constitutional Amendments and Court precedents, let me acknowledge that I am not a lawyer. Jurisprudence presumes an extensive knowledge of the law and its myriad applications. But I do have a perspective less encumbered by legal precedent. Partly, my comments are inspired by (now) former Justice Breyer. “The Court’s power,” he explains, “like that of any tribunal, must depend upon the public’s willingness to respect its decisions—even those with which they disagree, and even when they believe a decision seriously mistaken.” ² 

 

 Although the American Constitution is the bedrock of our legal system, its very existence was preordained by the Declaration of Independence that grounded it in the birthright of every human being, male or female. Jefferson’s Declaration, though not a legal document, is the inspiration for the Constitution wherein was crystallized America’s cultural heritage from the Age of Enlightenment. After years of internecine wars and the clash of empires, a few philosophers and statesmen argued for the “rights of man” over the privileged class of monarchs, aristocrats, and government officials. Of course, the Enlightenment had many tentacles into science, politics, culture, and human behavior. But my focus here is on Jefferson’s contribution to the founding principles of our American system of government. Clearly, he represented the ideals of the social contract and “natural rights” espoused by Locke, Rousseau, and others. His counterpart during the creation of the American Constitution was Benjamin Franklin, truly a renaissance man and the acknowledged final arbiter on practically every dispute during the Constitutional Convention. These men espoused ideals that focused the American government on the general welfare of every man, woman, and child, as opposed to any groups, class, dignitaries, moguls, or politicians, regardless of popularity or fan support. Given the founding ideals espoused in Jefferson’s Declaration and immortalized in our Constitution by Franklin and its other cosignatories, how should we adjudge recent Supreme Court rulings on abortion? 

 

First, let us review Justice Alito’s argument to amend what he terms the “egregious error” committed by his predecessors on the Supreme Court. Of course, he was referring to the Roe V. Wade Supreme Court opinion of nearly fifty years ago. All subsequent challenges, he states, were rebuffed not on their merits but on the legal theory of “stare decisis, which calls for prior decisions to be followed in most instances, (and) required adherence to what it called Roe’s ‘central holding—that a State may not protect fetal life before viability.’” ³ Like any good lawyer, his argument is buttressed by references to previous summations and legal precedents regarding the constitutionality of a woman’s right to end a pregnancy, as previously asserted by the Supreme Court. First, he assumes a woman does not have that right. Secondly, he assumes that rights must be placed in legislative bodies duly elected and representative of the voting public. And, thirdly, since “opinion” on the matter differs from State to State, the Federal government cannot assume any authority to decide the matter for the country. In fact, he opines, there is no historical precedence that might or could justify a Supreme Court determination of abortion rights. Indeed, many state laws have defined abortion as a crime, punishable by law. So, Justice Alioto must conclude, the “unalienable” right here cannot reside with the mother to decide the course of her pregnancy, but with the unborn child-fetus-zygote. And since the developing embryo is not yet a cognizant human being, the State legislators must assume that right even though diverse legislatures and their supporting public may differ and change over time. Finally, he concludes that history affirms a uniform consensus on the rights of the unborn since abortion has been previously ruled a crime in 37 states and 12 territories.     

 

In the words of the Mississippi advocate before the Supreme Court, “Court’s decisions have held that the Due Process Clause protects two categories of substantive rights—those rights guaranteed by the first eight Amendments to the Constitution and those rights deemed fundamental that are not mentioned anywhere in the Constitution. In deciding whether a right falls into either of these categories, the question is whether the right is ‘deeply rooted in [our] history and tradition’ and whether it is essential to this Nation’s ‘scheme of ordered liberty.’ (reference Timbs v. Indiana, 586 U. S.).” Should the issue then depend on whether abortion is rooted in history or in its nature as a fundamental right?  

 

According to Justice Alito, Roe v. Wade either ignored or misstated this history, and Casey declined to reconsider Roe’s faulty historical analysis. He does not consider the argument that a pregnant woman has a fundamental right to decide the term of her pregnancy based on the viability of the unborn and her ability to support the future welfare of a newborn. Any corollary risks to her health and life are not even considered by Justice Alito, since he considers the matter subject to the whim of state legislators governed by dissident or variant public opinion in individual states. In fact, Alito can find no justification for Roe v. Wade other than it being a precedent, which he once supported during his confirmation hearing, but now disavows as an “egregious error.”  

 

In this manner, the long-held doctrine of stare decisis (“to stand by things decided”) is abandoned, even though the fundamental rights affirmed in Roe v. Wade have been accepted law for nearly fifty years. But Justice Alito not only finds Roe v. Wade an egregious error, but the long held legal doctrine of stare decisis no longer relevant. Perhaps, Justice Alito’s summation is not a legal opinion, but a political opinion. Given his arguments, how would he assess the fundamental rights of slaves or of women to own property. The history of the New World did not acknowledge any human rights for slaves in the 17th, 18th, or even most of the 19th century. And women’s rights to own property, to vote, or even to be paid commensurate with men in like positions were not acknowledged until the 20th century. History, Justice Alito fails to notice, can be an unreliable arbiter of fundamental rights. Does he not know that lynching was once legal? Or that women were burned at the stake for exercising supposed magical powers? Though Justice Alito admits that “stare dicisis restrains judicial hubris,” he seems unable to restrain himself from recognizing its relevance to his own hubris. 

 

For my readers, there is no need for me to repeat my distinction between intelligence and reasoning. Justice Alito’s jurist opinion of Roe v. Wade is an impressive legal document with many references that support a well-reasoned argument. Unfortunately, it can become myopic when it excludes a wider view of reality. For example, anybody can quote biblical references from the Old Testament that seem to negate the New Testament—like that uniquely Christian dictum of “love thy neighbor as thyself.” Therein is a uniquely fundamental truth that would have or could have forsworn years of warring tribes not only in ancient Judea but even in our modern world. In a perverse reversal, Justice Alito’s resurrection of mostly 19th century laws criminalizing abortion ignores the more enlightened jurisprudence of the last 50 years. For example, our society has grown to recognize the gross subjugation of women, even in our enlightened democratic republic. America, unfortunately, still struggles with the issue of equality as even Jefferson’s idiom revealed when he wrote “all men” instead of all human beings “are created equal.” But women are not just endowed with the same unalienable rights as men, they are also the caretakers of our regeneration. Justice Alito’s assessment of abortion is so shrouded in legalese that he loses sight of the bigger picture—the human dimension. Namely, he seems insensitive to the roles our wives, sisters, and mothers share in securing the future of our posterity. They are not just a “mechanism” for nurturing fetuses in the womb. Pregnant women must also weigh the viability of their newborn’s future. First, they must consider whether they are mentally and physically able to be a mother. Will they be able to provide for their child’s needs? And can they secure the medical care required to deliver and support the health of a newborn? These are amongst the decisions every pregnant woman must consider. And she must be given the support she needs to make those decisions as well as obtain the medical care to assure a safe pregnancy. Roe v. Wade recognized her right to decide the term of her pregnancy before the fetus became viable, that is, able to live outside of her womb. Her freedom to make these decisions should be protected by the Supreme Court as the bulwark of that liberty it must preserve. Roe v. Wade did so.  

 

According to Alito, Casey abandoned the privacy right scheme (from Roe) in favor of the 14th Amendment’s due process justification. Therefore, he argues, it never justified Roe with new arguments, other than resting on precedent. But “precedent” implies no new arguments are needed. Even the Mississippi opinion admits that “Roe and Casey each struck a particular balance between the interests of a woman who wants an abortion and the interests of what they termed ‘potential life.’”  Justice Alito, however, believes the term “potential life” is a misnomer that he would replace with an “unborn human being.” And this so-called misnomer is at the crux of what he terms the “moral question” neither Roe nor Casey address. The reason his alleged “moral question” is not addressed is because its premise is irrelevant. Neither Roe nor Casey assumes an aborted fetus is human until it can survive outside of the womb. Science tells us that a zygote or fetus with less than 22 weeks in the womb is not able to live outside of the womb. They are not yet what Alito terms “unborn human beings.” They are potential human beings in the same sense as an unfertilized egg subsists in a woman’s womb with the potential to become a human being after fertilization and development in the womb. The mother’s womb nurtures the fertilized egg as it develops into a fetus and eventually reaches term or the ability to live outside of the womb as a human being. Normally, a fetus reaches term after 26 or more weeks in the womb, though some of us emerge as fully human a bit sooner. But medical science has long established that no embryo less than 22 weeks in the womb can survive birth. They are considered “unviable.” And we do not consider these unviable fetuses to be unborn human beings. If we did, then Justice Alito’s term de jure “unborn human being” would make abortion criminal homicide. Is it his intent, then, to allow some States to re-criminalize abortion while others are permitted to authorize safe abortions as a normal medical procedure? If so, his opinion will ignore twenty-first century science and create a jurisprudence hodgepodge across myriad states. And the ultimate victims will not be aborted fetuses but the lives of many pregnant women who may be victims of rape, incest, or the inability to support a child due to age, joblessness, or extreme poverty. Compelling these women to endure pregnancies in such circumstances cannot be ethical nor should it be legal in a just society. Justice Alito’s opinion not only denies them their liberty but effectively casts them as characters in Margaret Atwood’s Handmaid’s Tale.    

 

An interesting facet of Justice Alito’s reasoning is its singular focus on some legal precedents to the exclusion of others or of any other perspective. He agrees with the Mississippi case that “the arbitrary viability line, which Casey termed Roe’s central rule, has not found much support among philosophers and ethicists who have attempted to justify a right to abortion.” The most obvious problem, according to Justice Alito, is that “medical advances and the availability of medical care have nothing to do with the characteristics of a fetus.” The only problem with this logic is that it misrepresents reality. For a large majority of Americans accept the fetus viability standard as both ethical and in concert with medical science. Only the strongly held religious beliefs of a minority believe otherwise. And that belief is protected by our Constitution. Consequently, nobody so believing can be forced to have an abortion against their will—even if their life is at stake. But Justice Alito would take away the rights of those who believe otherwise, even though philosophers, ethicians, ministers, scientists, and medical professionals support them—as did the precedents established in Roe and Casey. Given the disparity in opinions/beliefs on abortion, why does Justice Alito feel it necessary to rule in favor of anti-abortionists without regard for the opposing view which is shared by most Americans? He favors legal precedent from the 19th century over legal precedent of the 20th and 21st centuries. Is this a viable legal decision, or just a reflection of his own bias? If the devil can quote the bible (and he does, check out Mathew ch.4: v.5), then I suppose Justice Alito can quote whatever legal precedent suits his purpose, however inappropriate to the time or circumstances.  

 

 

Among Justice Alito’s Justifications for overruling Roe v. Wade—and all subsequent affirmations, including Casey—is his proposition that it is not workable. Specifically, he states, “continued adherence to Casey’s unworkable ‘undue burden’ test would undermine, not advance, the evenhanded, predictable, and consistent development of legal principles.” I wonder how he would reconcile this statement with the workability of denying prospective parents the medical service of invitro fertilization. Are there “unborn human beings” in lab test tubes or petri dishes waiting to find surrogate wombs? If so, what legal penalties will be necessary to punish egg/sperm donors, doctors, and lab technicians for the hideous crime of imprisoning humans in test tubes or worse, freezing them until surrogate wombs become available. Does Justice Alito have a workable solution for this legal and human conundrum his decision creates? I wonder what “evenhanded, predictable . . . legal principles” he would develop to deal with denying prospective parents the use of IVF technology. 

 

Justice Alito explains why he ignores precedent in overturning Roe. First, he sidesteps stare decisis: “adherence to principle is the norm but not an inexorable demand.” Then he rationalizes his justification for overturning what the Supreme Court had determined as a fundamental Constitutional right by referencing an opinion at variance with Roe, namely, Ferguson v. Skrupa, which supports his opinion that a “rational-basis review is the appropriate standard to apply when state abortion regulations undergo constitutional challenge. Given that procuring an abortion is not a fundamental constitutional right, it follows that the States may regulate and when such regulations are challenged under the Constitution, ‘courts do not substitute their social and economic beliefs for the judgment of legislative bodies’ (Ferguson v. Skrupa, 372 U.S. 726, 729-730P).” But these beliefs are as much a part of cultural history as the judgment of legislatures that can be and often are reversed in an ongoing evolution. Also note that the premise, namely, that “an abortion is not a fundamental constitutional right,” is self-justifying, that is, the premise justifies the conclusion without an argument. And Justice Alito adds “that (the Ferguson opinion) applies even when the laws at issue concern matters of great social significance and moral substance.” If I read this statement literally, Justice Alito just disqualified his own judgment as well as Roe and Casey in favor of duly legislated laws/regulations. Certainly, it is true that the courts do not legislate. As Oliver Wendell Holmes once said, “the power to redress that evil (the suppression of black voting) must be in the hands of the legislature and the executive.” ⁴ Justice Alito reiterates Holmes’ judgement by arguing that abortion of unviable fetuses cannot be a fundamental right unless it is made so by a law duly legislated. Well, Scott v. Sanford was overruled by the 13th Amendment. And Justice Alito seems to be inviting Congress to do likewise with his opinion which, I might add, has the force of law.  

 

So, what have we learned from Justice Alito’s opinion? He believes that the Roe v. Wade opinion was an overreach by the Supreme Court; that it should never have been codified as a fundamental Constitutional right grounded on “social and economic beliefs;” and that State legislators can and should determine how they regulate and/or abolish abortion in their respective States. Consequently, the Supreme Court erred in its Roe verdict by overriding the power of State legislatures. Given the limitations of the Supreme Court’s ability to make or enforce laws, Justice Alito’s opinion does have an historical justification. Despite his myopic legalese and torturous reasoning, his arguments decidedly fail on social and moral grounds, which he would argue is beyond the Court’s purview. His timing is regrettable, for his opinion is fifty years too late. I could have spared my analysis by simply quoting Tom Nichols, a contributing writer to The Atlantic, who wrote, “this is reasoning in a vacuum as if nothing happened over the course of 50 years.”  

 

The real problem here is that Americans do not accept Justice Alito’s opinion. As a result, trust in the Supreme Court has sunk to a new low. Why? I believe this Court is out of sync with America. And, to quote Oliver Wendell Holmes again, “I strongly believe that my agreement or disagreement has nothing to do with the right of a majority to embody their opinions in law . . ..  I think the word liberty in the 14th amendment is perverted when it is held to prevent the natural outcome of a dominant opinion . . ..” In present day America, the dominant opinion is in support of Roe v. Wade. And a woman’s ability to decide on the “when, what, and how” of her pregnancy should not only be protected but supported as a natural right. If childbirth and progenerating humanity were not part of our unalienable rights, then nothing is. The problem, of course, is with a very vocal minority that believes abortion kills babies. When that belief is fortified by religion, there is no middle ground for any form of reasoned compromise. Belief can trump opinion, science, or even commonly accepted facts. Although the First Amendment guarantees the free exercise of religion, it prohibits Congress from establishing a religion. (For example, it can create religious holidays, but it cannot legislate church attendance.) Since we are a pluralist society, our differences are settled by a majority vote that each citizen must accept as the first rule of our democracy, as Holmes alludes in his “dominant opinion.”  

 

The Supreme Court has officially withdrawn itself from the abortion issue. State legislatures now have the authority to resurrect trigger laws from the 19th century or to legislate new laws that will regulate pregnancies and abortions differently from State to State. Given the divisiveness already inflicting America, this issue will continue to create animosity and even violence until we accept the first rule of our democracy. Most Americans appear to want Roe v. Wade codified into Federal law. Regardless of our personal beliefs, however, every American needs to vote his/her conscience. Given the state of our democracy and its governing majority, the only stakes higher than abortion rights are those of democracy itself. (Reference “Majority Pejoraty”) 

  ____________________________________________________________

¹ Alexander Hamilton, “The Federalist or The New Constitution,” The Easton Press, Number 78, p. 524. 

² Stephen Breyer, “The Authority of the Court and the Peril of Politics,” p. 1 (Preface)  

³ All the quotes attributed to the Supreme Court are taken from DOBBS, STATE HEALTH OFFICER OF THE MISSISSIPPI DEPARTMENT OF HEALTH, ET AL. v. JACKSON WOMEN’S HEALTH ORGANIZATION ET AL. and the Supreme Court decision No. 19-1392, The Opinion of the Court written and delivered on June 24, 2022, by Justice Alito. 

⁴ Breyer, Ibid., p.15. 

 

I Am the World, Or I am Not

No Man is an island, but a piece of the continent, a part of the main (John Donne) ¹

 

In Yuval Noah Harari’s books he credits the survival and prosperity of the first homo sapiens to their sharing of foraging tactics within their own kind and their ability to fend off competitors. But, as Harari also notes, their survival had a downside. By 1500 BC, their shared foraging ability had expanded their territory, gradually starving out and then eliminating many large animal species and all other human species. Harari termed their success as the first wave extinction. Subsequently, as they learned to till the soil, their farming expansion created a second wave extinction, decimating hundreds of species of birds, snails, insects, and fauna. In addition, since the beginning of human recorded history, the competition for resources, territory, and power has sent millions—perhaps billions—of fellow humans to their graves in internecine wars. The rise and fall of tribal hordes, empires, and nation states has continued throughout human history. But, as of this date, we humans have not yet succeeded in eliminating our own species. In fact, we have re-populated the planet, at the expense of yet more biological species and despite increasingly horrific wars against each other. The question for our time is whether we are amid a third wave extinction that may include ourselves. Will humanity come together in time to protect its legacy and preserve its posterity? Perhaps more to the point, are the community of nations prepared to avoid another world war or preclude a climate disaster? Likewise, will the United States hold together against radical attempts to tear it apart? The answers to these questions are implicit in the hope and promise of two unions—the United States of America and the United Nations. Both hold the future of our species in the balance.

 

The United States is daily dissected and vivisected by political rancor, violence, insidiously deceitful demagoguery, and the lustful pursuit of power and money. Americans seem unable to agree on what constitutes truth-telling, the intent of our Constitution, or even the nature of our democratic system of government. Suddenly, it appears questionable whether a political party can invalidate an election, whether a state legislature can overrule the electorate, and whether classical liberalism promotes states’ rights over Constitutional rights enforced by the Federal government. Concerning this last point, maybe I am being too harsh. The common definition of classical liberalism may represent only a partial mis-reading of Thomas Jefferson’s position on state’s rights. Although he believed that “the true theory of our Constitution is surely the wisest and best, that the states are independent as to everything within themselves, and united as to everything respecting foreign nations,” ² he also explained in his Declaration why independence became necessary. Therein he not only enumerated the King of Great Britain’s “injuries and usurpations” against the colonies but characterized them in terms of the King’s refusal to “Assent to Laws, the most wholesome and necessary for the public good.” Clearly, he believed the colonies needed a government dedicated to the public good. In his letter to James Madison, where he proposed Constitutional amendments (that were later adopted), he made no mention of states’ rights. ³ How then could he conceive this newly formed union if states’ rights were not subordinate to the general welfare? His core argument against the imposition of imperial laws was simply that they were not in the public good. In other words, the newly formed Federal government must assure that all States meet the mandate implied in the Declaration’s “life, liberty, and the pursuit of happiness.” That mandate was further clarified by the rights defined in America’s founding document, its Constitution. Thereby, when any State deviates from rights guaranteed or implied in our Constitution, it is no longer American or “part of the main,” which is the United States of America. ⁴

 

Let’s put the “public good” under scrutiny in relation to current issues. For example, we have the “pro-life” movement which would prefer to eliminate all abortions. Its primary assumption is that a human is created at conception. This assumption is based upon a belief, like the belief in the ascension of Christ’s body into heaven. Religious beliefs may differ among religions and are all protected by our Constitution. These beliefs, like those of all religions, animate human impulses for good. But we do not treat fertilized eggs in labs as human beings or bury our dead in open caskets so they can rise again. Otherwise, we would force women to become surrogate mothers and curtail burials and cremations. Likewise, we have gun advocates who believe the Second Amendment authorizes unrestricted purchase and use of all forms of guns, including weapons of war. But the “right to bear arms” was intended to support “a well-regulated Militia being necessary to the security of a free state.” Hence, America established the National Guard under the supervision of its States. But the “right to life” and “right to bear arms” movements cannot justify banning abortions or allowing anybody to purchase Ar-15 assault rifles, respectively; for these “rights” both diminish lives of women and endanger the lives of nearly everybody else, as witnessed by the slaughter of children at Sandy Hook and Robb Elementary Schools. With respect to women, who once could not own property, vote, or earn pay equal to their male counterparts, America would return them to second class citizenship or worse by treating them like livestock. (Note: ranchers own their cows and decide for them.) And with respect to gun safety, they authorize gun mayhem in place of gun safety measures, effectively making America the world leader in gun deaths per capita amongst all other countries. Where in these distorted rights can we recognize the public good? What we can identify is the impact of single issue voters and the impact they have on certain elected officials. They contribute to campaigns and show up in the polling booths. But those elected in this manner do not serve the public good or our democratic union, just their constituency that keeps them in office. In other words, they serve themselves, a very small part of the whole we call the United States of America.

 

But disunion amongst Americans is not only an internal problem, but a dark mirror reflection of a world order torn between democracies and dictatorships. After the catastrophes of the 20th century World Wars, it became necessary to redefine the relationship of nations within an international context, to include a more global perspective. Although the United Nations is an attempt to define these relations and assure territorial integrity and sovereignty of all member states, these territorial and sovereignty rights continue to be violated. The Russian invasion of Ukraine is the latest witness to such rogue behavior. Since war between independent states can now threaten nuclear annihilation, the concept of a “world war” truly has planetary significance. My previous blog suggests a re-thinking of the role the United Nations might play in this and future conflicts between nations. But, besides nuclear war, there are many concerns about international relations that demand more global cooperation. For the past five years, a world famous economist, Thomas Piketty, has been writing about the economic ties that bind us as independent nations and as a human race on this planet. ⁵ He simply could not and cannot envision a “globalized” world wherein economic inequality and global warming are not addressed. What he calls fiscal and climate “dumping” are prohibiting the nations of the world from joining in the common pursuit of life and well-being of all humanity. Many governments—both democratic and dictatorial—allow the ever-widening gap between the rich and poor, while permitting or even supporting societal and economic practices that accelerate global warming. As whole populations are threatened by nuclear war, economic instability, and environmental catastrophes, all inhabitants of earth are threatened by the prospects of an uninhabitable planet—effectively, of exclusion from their “piece of the continent” or “part of the main.”

 

How do we characterize an America divided against itself where divisions amongst political parties degrade into so-called “culture wars” and the legal definition of the public good differs from state to state? Likewise, what does the invasion of Ukraine mean to the United Nations’ charter that attempts to support the sovereignty of member states? Implied in the answer to these questions is more than a loss of ideals that have been sought and matured over many generations. For this loss not only defies a hard won legacy but invites chaos, where the ideal of democracy loses its luster and the goal of assured world peace disintegrates in the bombed-out rubble and genocide of modern warfare. If there is no longer consensus on self-government and an international coalition to assure world peace, then what future remains for humanity? Perhaps humankind will return to dictatorial rule and tribal warfare. Human history is replete with despots and wars. In fact, we are a unique species that often returns to subjugation of the racially different, the powerless, or the “other” who are arbitrarily termed undesirables. But elimination of our human scapegoats is in truth an attack on our posterity and potentially on our own survival as a species.

 

When I ponder humanity’s relation to the world, my mind turns to the writings of Martin Buber wherein he advises us to encounter the world rather that to possess it. His “encounter” implies a special reverence for what is, where being fully present can draw us into a relation. For his “encounter” does not imply possession or conquest, but rather an immersion into a personal relation to the people and things of our world. When anyone of us can say “I am the world,” we proclaim an existential relation that transcends whatever material part of the world we own or rule. We establish our unique identity with the world we inhabit and a shared bond with all of humanity. We then become custodians of a common inheritance of which we are an integral part.

 

The theme of this blog can be understood as an adjunct to a previous blog (reference “American Exceptionalism Revisited”). Therein, America’s ascendency in world affairs is explained in terms of its pursuit of wealth and economic hegemony. But America’s financial success often interferes with its aspiration as a democratic success story. This blog attempts to address why we still struggle to realize our founding idealism. How does an individual, a community, or even a nation realize the universal humanitarian ideal of securing “life, liberty, and the pursuit of happiness” for all as “unalienable rights?” Will systemic racism, power-hungry political factions, the decimation of nature’s resources for financial profit, or the economic inequality spun from hyper-capitalism secure that ideal? I think not! Is it not obvious why our democracy is still struggling to realize its promise?

 

As human beings, we have a twofold nature. Our origin is born of this planet, composed of the same elements as the stars, evolved from single cell life forms into complex beings, and made interdependent with all the natural resources and other life forms with which we share this planet. But we also are distinct as an animal species because of the physical structure of our brains and nervous systems. Consequently, we are self-motivating, meaning we have both the intellectual capacity to visualize a future and the will to create that future. But free will is a two-edged sword: we can build or destroy, we can nurture life or maim and kill, and we can love or hate. With this freedom, then, comes responsibility. And, of course, in our current context, we can strengthen our democracy or destroy it, just as we can attempt to unite nations in peaceful coexistence or stumble into another world cataclysm, even a nuclear holocaust. Responsibility is both awesome and frightening.

 

America’s ability to realize it’s promise rests solely on its citizens’ responsibility to model its democratic ideals. And that modeling will never occur until we Americans realize and accept that responsibility. “I Am the World” is not just the realization of an “ah-hah moment.” It is rudimentary to recognize you are of this world for you involuntarily reflect that world in yourself. But when you become aware that each and every human reflects the world through the varied prism of his/her life experiences, you begin to understand the limitless complexity of which you and every other human are a part. You can become a partner in a multi-faceted but mutual relationship with others. The fog of ego can lift. And in that moment, you know you are in a shared communal reality. You begin to understand what it means to be a person, a part of all humanity, and a citizen in a democratic society. Only then can you begin to understand how Americans can raise the torch of Lady Liberty over that “shining city on a hill” and participate constructively in the peaceful coexistence of the world’s nation states. . . or not.

 

_______________________

¹ This is the opening line of a poem I once committed to memory. But I can no longer attribute it to a particular publication, because it is not even in my copy of John Donne’s “Poems of Love.”

² Merrill D. Peterson, “Thomas Jefferson and the Nation,” pp. 627.

³ Saul K. Padover, editor, “The Writings of Thomas Jefferson,” (Paris, December 20, 1787, a letter to James Madison concerning the Federal Constitution,), pp. 312-313.

⁴ For more on this topic, you might reference “A More Perfect Union.”

⁵ Thomas Piketty, “Time for Socialism: Dispatches from a World on Fire, 2016-2021.”