Category Archives: Domestic Issues

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.

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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 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.”

The Russian Bear

“The Germans, Scandinavians, Poles and Hungarians, energetic as they were, had never held their own against the heterogeneous mass of inertia called Russia and trembled with terror whenever Russia moved.” ¹

These were the words of the historian Henry Adams after his 1901 visit with European heads of state. As a close confidant of the McKinley administration, he had accompanied his close friend, John Hay, then Secretary of State, on this diplomatic mission. He was the great grandson and grandson of two Presidents and a friend of President McKinley. Thereby, he was an historian especially blessed with unusual connections to government officials and creditable sources. This quote was not only his historical assessment of Russia’s role in Europe at the time but became his predictive assessment of Russia’s role in the new century. He equated Russia with an archaic glacier that was “more likely to advance” and inclined to bury Europe under its inert mass. He also stereotyped (possibly coined) the pseudonym of the Russian “bear” that the “monkey,” his characterization of Europe and America, would always fear or mistrust. For the “monkey,” spurred by technology and hyper capitalism, was active and fundamentally opposed to inertia. He wrote these words at the turn of the century (though not published until 1907). He died in 1918, just a year after the start of the Bolshevik Revolution in Russia, marking the end of the Czar’s reign. But he likely would not have been surprised at the unchanging role of Russia on the borders of Europe. In fact, he foresaw it. Throughout the rise and fall of the Soviet Union and the dictatorship of Putin, the threat of the Russian bear in Europe has never diminished. It still simulates a glacier-like inertia weighing heavily on the free, fast-developing countries of Europe. And it now justifies America’s diplomatic and material support of Ukrainian resistance from half-a-world away.

Unsurprisingly, the Russian bear myth persists. It represents a carnivore that has no remorse in devouring its prey as Russia now attempts to devour Ukraine and, literally, Ukrainians. Characteristically, Putin has accused Ukrainians of his crimes, vilifying them as Nazis monsters, guilty of genocide. Given this pretense, his army has the license to kill, rape, rob, and brutalize civilians while demolishing their homes, markets, hospitals, and schools. Euphemistically, Putin declares his unprovoked invasion of Ukraine as a “special operation” and his soldiers as “liberators.” But Ukrainians are only being “liberated” from their lives and homes. Putin, in czar-like fashion, cannot and will never accept criticism for being inhuman. The Russian bear is simply being itself by devouring these Ukrainian-Nazis monsters. From a different but related perspective, the European and American “monkeys” have had difficulty fending off criticism for their respective roles in subjugating African and Middle Eastern nations to their economic hegemony after the World Wars. Perhaps Adams can be forgiven for characterizing the West’s “monkeys” in a solely positive light. America’s western expansion and the vast lucrative trade with Europe painted a rose-colored future at the turn of the century. Adam’s “monkey” analogy can be forgiven for capturing only the positive aspect of the West’s energy at the dawn of the machine age. Nevertheless, he was right about the West’s unavoidable prod of the Russian bear.

President Putin understands these “monkey/bear” analogies too well, for he repeatedly references them with his “what about-isms.” For example, did not America invade Iraq under the false pretense of an alleged nuclear arsenal and then forcibly attempt to liberate the country from a dictator? Did not European nations justify their colonial conquests and occupations as liberators of backward civilizations? History does remind us that nations can use self-serving, but false, rationales to justify their actions. What Putin is unable to grasp is the ability of a free and democratic society to admit its mistakes and rejoin its efforts to live its ideals of liberty and justice for all. Why cannot international relations redeploy this democratic ability to world affairs and diffuse the tension between democracies and dictatorships? Both sides should—and must—discover a new diplomacy and perhaps a necessary reconstruction of the role the United Nations plays in supporting it. Eliminating each other cannot be the only option.

Today, the United Nations’ charter clearly supports the sovereignty of independent states, the security of their borders, and the peaceful resolution of disputes in lieu of wars. Moreover, through its associated agencies, it attempts to protect human rights, deliver humanitarian aid, promote sustainable development, and uphold international law. But its ability to assure these various missions is subject to its Security Council whose members include those very states captured in Henry Adam’s analogies. They are not only the liberators/conquerors who ridded the world of the Axis powers but are also the economic hegemons of the new world order. And the Russian bear is not the only voracious animal on the Security Council. Maybe it’s time for the United Nations to reconstruct itself and create a new balance of power within its ranks, where each member state has an equal vote and the Security Council’s only role is to provide military support to enforce the actions of a majority. The Security Council’s composition could be only those member nations willing and able to contribute military arms and personnel to the UN’s enforcement of its basic mission—that is, to secure the sovereignty of member states. Its membership might be self-elective among member states, but contingent upon each candidate’s adherence to the UN charter and upon acceptance by a majority of the UN member states. And each candidate should meet a pre-determined threshold of its military investment and capability. Although members of the Security Council would have an equal vote in any military plan, its enforcement would be proportioned to the pre-determined capability of each state. Finally, any enforcement action proposed by the UN member states would also require a majority vote of the Security Council. There must be a “check and balance” mechanism here to assure any military action was justified, appropriate to meet the need, and not conducive to a wider confrontation, including a world war.

If the above suggestion sounds too simplistic, that’s because it is. But it could become the starting point of serious discussions within the community of nations to create a more effective world agency to protect the sovereignty of nations and avoid the next world war. Today, one nuclear armed nation can violate the sovereignty of another nation while intimidating any intervening nation or nations with the threat of nuclear war. The Russian bear has introduced this new hazard to world peace. And that hazard demands a world response. For the world has finally arrived at the state defined in science fiction chronicles like “Dune” where “world-states” contend for power and threaten to depopulate one another’s planets. Today, Russia’s leaders threaten all of Europe with annihilation—in just “30 minutes”—from a space-directed nuclear bombardment (reference a recent quote from the head of Russia’s nuclear arsenal). Its President even claims America is threatening Russia, though it is only Russia that has invaded Ukraine, a nation that presented no threat to Russia. Remember, it was an unprovoked invasion that started World War II. Perhaps history does not exactly repeat itself, but sometimes it rhymes, even with a more dramatic ending. The twentieth century was a self-inflicted holocaust, unparalleled in all human history. Any such replication in the twenty first century would be apocalyptic by comparison. Specifically, picture radioactive clouds circling the planet and slowly killing all habitants of planet earth. Could homo sapiens attain such a pinnacle of suicidal stupidity? (Reference “It’s a MAD World.”)

Yesterday, I had dinner with a Russian American who had voted for Donald Trump because he was a life-long Republican. We did not discuss Trump’s friendly relations with Putin or his comments about how “brilliant” he termed Putin’s invasion of Ukraine. Instead, we shared anecdotes about our pasts, our likes and dislikes, our hopes for the future, our health concerns, and those important relationships in our lives. In other words, though two individuals with different life experiences, we related as two human beings capable of understanding and appreciating each other. Why cannot nations reach this level of human rapprochement? Are we doomed to the forecasts of many Sci-Fi authors who predict “war of the worlds,” based on human fear of the other, even within the same species?

The quest for power—personal, political, national, imperial—is at the root of human failing throughout history. But also prevalent in our nature is the relationships we build amongst each other, within families and communities, and between individuals and national cultures. The current war in Ukraine brings these two aspects of our humanity in vivid contrast, as we witness both the impact of Putin’s unprovoked war and the world’s humanitarian response. Putin has engaged the world in a battle for the very soul of humanity. His war is not just against Ukrainian soldiers, but against their families, homes, and the infrastructure needed for their survival, such as food, water, shelter, and energy sources. His war is exceedingly punitive for it not only takes lives but degrades the human experience of living. It is more akin to torture. It is the World War II holocaust redux, extended not just to a people, but to a whole nation, and potentially to all of Europe. Putin’s bear requires a continent in which to spread its smothering body politic. We might have dismissed Mein Kampf as the work of a madman. But Putin’s actions and threats could even exceed the ambitions of Hitler for world domination. For his threats prefigure a world in ashes if it does not bow to his dominion. For his dominion might well be annihilation. What can we do as powerless individuals to stall and reverse Putin’s intent to destroy Ukraine, rile international relations and the world’s financial stability, and—worse—threaten a nuclear Armageddon?

Well, our President has done what he can to unify nations against Putin’s atrocities. But frankly, America has stumbled as the “leader of the free world,” despite its elected President. The forces of popularism/nationalism have been seeded here by Donald Trump. And paramilitary groups, white supremacist, wild conspiracy groups like QNON, and grievance antagonists of all stripes have come together to question and even to overthrow America’s democratic institutions and heritage. Many of our politicians have joined the rabblerousers to gain their support and hold onto office rather than to uphold and protect our Constitution. The quest for power, as stated above, is at the root of this undemocratic rot, as demonstrated in the build-up and execution of the January 6 insurrection in 2021. Many of our politicians have betrayed the trust of the American people and their oath to support our Constitution. The question raised above—”what can we do”—has an obvious answer. We can vote for liberty and justice for all and hold those accountable who do not uphold our democratic values.

The roadblocks to liberty and justice must be taken down, as Americans have done in the past. Over 750,000 people died to preserve our Union and to free the slaves. Many women suffered abuse and even torture to win full citizenship and the right to vote. And many more Americans marched through barricades and suffered violent attacks to gain civil and voting rights. Even today, many of us have sought redress through the courts for equal justice or marched for women’s rights and under the banner of the Black Lives Matter movement. We are a liberal, democratic country that supports both states’ rights and a strong central government. How else can we preserve liberty and justice in every state of our Union? We are not like the European Union of diverse countries where laws and administrations can differ and even conflict with each other. Our differences of this type must be settled in the light of our general welfare—which demands compromise within the scope of our Constitution. Too many of our politicians claim adherence to the Constitution and yet oppose any compromise, even violently so. These politicians too often would rather exchange government largesse for large campaign donations so they can hold onto elected office. I remember reading how Andrew Jackson abhorred these office seekers: “It appeared that instead of love of principle it was love of office that had induced them to support the good cause as they pleased to term it . . . (and) that self-exertion was about to be abandoned and dependence for a livelihood placed upon the government.”² Today, we have legislators who have deep roots in office, sometimes over decades, with no interest in legislating. Instead of addressing campaign reforms, a broken immigration system, public education or communal health needs, wealth and income inequality, police-community relations, the many threats of climate change, systemic racism, the safe and lawful use of guns, and so on, they are consumed with suppressing the vote of non-supporters and regaling so-called “right to life” shibboleths that risk women’s lives and weaken appropriate pre-natal care. But America’s diverse population demands a government of, by and for the people—meaning our general welfare must include all of us, else be meaningless.

Currently, Thomas Jefferson’s Republican Party seeks control of Congress without even a Party platform. Their only campaign promise then is to control Congress, but apparently to just one end—to stop any democratic agenda. The GOP has well deserved the designation of “the Party of no.” But, if both Parties were aligned on the fundamental principles outlined in our Constitution, then they could and should come together for the common good. They would seek compromise, the primary principle that makes a democratic legislature functional. But, as Jackson demurred, “instead of love of principle it was love of office . . . “that consumed some office holders. Today, it has consumed an entire political Party. Is a seat in Congress sought only to advance a career, amass a fortune, or simply to exercise the power of office? We already have many millionaires and lawyers in Congress. Perhaps they perceive themselves as a new elite or aristocracy, like many of our founding fathers. But the men who signed our Declaration of Independence and Constitution were signing death warrants if England had won the Revolutionary war or even the subsequent war of 1812. Do these same ideals and bravery still reside in our elected officials . . . or even in our body politic?

In conclusion, the Russian bear can only be stopped if Ukraine wins its war against its Russian invaders. But that victory will require the continued support of the “free” world. America and its NATO allies are providing that support today. Will that support continue as refugees overflow into the allied countries, as gas prices rise, as grain supplies dwindle, and as a world recession looms on the horizon? The answer unearths an underlying assumption about America’s resolve. For it assumes America is still its promise of liberty and justice for all. Today, we can no longer presume we are that America. Our previous President was more aligned with Putin than with NATO. His supporters are planning a second coup at this very moment. Conspiracy theories, rancor, and divisiveness rule in our politics in place of truth, comity, and compromise. George Washington’s fear of a certain “fatal tendency” has become our reality where factions would “become potent engines, 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.” ³ Truth can still prevail if facts and our Constitutional values are demonstrably supported. America is the oldest democracy—surviving for over 246 years—but it cannot subsist as a viable democracy unless it ceaselessly renews itself in alignment with its core values. Democracy is not assured by any document, but by the people who live by its principles. As the Ukrainians are demonstrating, no adversary can stand against a people dedicated to democracy, not even Putin, The Putrefier. ⁴

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¹ Henry Adams, “The Education of Henry Adams,” p. 383.
² Marquis James, “Andrew Jackson: Portrait of a President,” p. 182.
³ This excerpt is from Washington’s “Farewell Address,” as quoted in my blog, “Of . . . By . . . and For.”
⁴ I could not refrain from coining a new word, “putrefier,” as I did with “pejority” in my blog “Majority Pejority.” That coinage placed the majority in a “state of being made worse.” This new coinage is the convolution of two Latin words, namely putrere, to be rotten, and facere, to make. The intimation is obvious.

The Sickness Unto Death (Soren Kierkegaard)

This sickness is not unto death” (Jesus Christ, John 11:4)

The world is just now becoming aware of the horror in which Ukrainians have been forced to live during Russia’s unprovoked invasion of their country. Assassinations, rapes, torture, and the bombardment of hospitals, schools, churches/assembly halls and residential communities have been the preferred strategy of an undisciplined and unprincipled Russian army. I am reminded of a phrase coined by Evan Osnos defining the “brokenness of humanity” in terms of what the mystics might call the dark night of the soul. ¹ How can Ukrainians resist “this sickness” forced upon them by the Russian army and Putin’s directives? As I pondered this question, I recalled a story Viktor Frankl related about an incident he experienced in the Auschwitz death camp. A fellow inmate, his senior floor warden, related a “strange” dream wherein he was told that they would be liberated on March 30th. “On March thirtieth . . . he became delirious and lost consciousness. On March thirty-first, he was dead.” ² His hope for liberation had died and so did he. He was felled by the “sickness” Jesus Christ strived to cure and that Soren Kierkegaard so clearly identified as despair. ³ Its cure is hope . . . hope for a future that can be visualized and that can be attained by honest effort. What hope can Ukrainians have in their future? That future must be a world in which those unalienable rights Jefferson identified as a human birthright are recognized by all peoples and nations. Russia, under Putin, obliterates such rights. No community of people, nations, or any global union of nations will ever exist in a lasting peace without reverence for our common humanity. “Love they neighbor as thyself,” is not just a Christian belief, but the basis for all human interactions, most especially, in a time when inhumanity and armed conflict can result in extraordinary levels of death and destruction—even in nuclear annihilation. In our age, a despot’s thirst for power can toll the death knell for human progress . . . and that toll leads to despair.

On February 26, at the beginning of this series of blogs, I characterized Russia’s war against Ukraine as a reincarnation of Hitler’s hatred for non-Aryans whom Putin would replace with Ukrainians (ref. “Eat Crumbs and Bask in the Glory of Empire”). Ironically, he claimed there were Ukrainian Nazis who were responsible for a non-existent genocide that he then began to make a reality. As always with Putin, he blames others for the dastard reality he intends to create. Even his “mini-me,” America’s pretend dictator, Donald Trump, mirrored this blaming technique by his pre-election forewarning of a rigged election. After losing the election, he attempted to prove a rigged election by falsifying electoral records, instigating bogus challenges to vote counts, and inciting an insurrection against the capital of the United States. This dictator playbook of accusing others of what you intend to do is shared by both Putin and Trump, though the scale of violence differs greatly in magnitude. In 2014, the Ukrainians, like Americans in 2020, voted to free themselves from an anti-democratic tendency in their government. But whereas Putin could only use targeted propaganda, campaign conspirators, and idiot sources to derail the American electorate in 2020, he could order an invasion in 2022 and lethal force to overthrow the Ukrainian democracy. When such men can dupe citizens to support their will to power, they can amass the resources required to realize their dream of dominion over others. Trump claimed he was the “the greatest American President in history,” while Putin sought to reestablish Russia’s nineteenth century empire under his czar-like command. But Nietzsche, the philosopher often noted for elucidating humankind’s will to power, was not particularly impressed by Nero, Cesare Borgia, Napoleon, or even the unchallenged military achievements of Julius Caesar. In fact, amongst these legendary figures, only Caesar’s strength of character and self-mastery impressed him. And these are the very virtues neither Donald Trump nor Vladimir Putin exhibit in any measurable degree. Both surround themselves with sycophants and excessive luxuries that serve their recklessness and self-indulgence. They show no restraints in amassing wealth, power, and personal comfort/pleasure, especially at the expense of others. In other words, they present as persistent adolescents who revel in gaining power over their betters. But their real power is the sickness of despair they leave in their wake.

It has been 12 years and three months since Putin rose to power in Russia. Curiously, Hitler’s reign of terror lasted 12 years and three months. He committed suicide on April 30th, 1945, rather than face the ignominy of defeat and, most likely, the condemnation of a world court. Dictators, like Putin and Hitler, write their own rules and can never submit to the moral judgment of others. Oddly, they shamelessly justify their licentiousness and lawlessness to followers, who feel impowered to replicate their “dear leader’s” actions without self-reflection. Putin’s army, for example, can rape, plunder, and kill indiscriminately non-combatants without remorse because their leader claims they are freeing Ukrainians from Nazis (a political group that represents less than 2% of Ukrainians). The Jews in Hitler’s Germany, by comparison, were exterminated as part of the “final solution,” even though they carried no weapons and presented no more physical threat to Hitler than Ukrainian citizens present to Putin. But dictators bask in their power over the helpless, especially when their cruelty can discourage, even prevent, opposition. Fear is their weapon of choice. And Putin’s arsenal of weapons includes a nuclear stockpile that far exceeds the dread inspired by Hitler’s blitzkrieg. Unfortunately, it was only after defeat that the German people became aware of the extent of Hitler’s inhumanity. As the world community approaches this April 30th, let us all hope that the Russian people will break through the iron curtain of misinformation and propaganda to bear honest witness to what Putin has done in their name.

Ukraine signed a security agreement in 1991 with Russia, America, and Great Britain to secure their independence as a free, self-governing state in Europe. Putin has violated that agreement and has initiated unprovoked assaults on Ukrainian territory since 2014. And now he has attempted to overthrow Ukraine’s government by force without any provocation other than Ukraine’s existence as a free, democratic state on Russia’s border. Putin’s assault on Ukraine not only violates the United Nation’s charter of which Russia is a signatory, but his vicious and unrestrained attack on civilians and the leveling of whole cities and villages exemplify a “brokenness of humanity” unwitnessed since World War II.

As mentioned in a previous blog, an overwhelming majority of the United Nations has condemned Putin’s invasion of a sovereign nation. Except for China, and perhaps India, the nations of the world are also united against the inhumanity exemplified by Russia’s conduct in its unprovoked attack on Ukraine. This violation of the territorial integrity of another nation is an assault on the world order established after World War II. Its potential to embroil Europe and the United States in a broader war threatens the security of all nations potentially exposed to a global economic recession and even the radioactive fallout of a potential nuclear conflagration. Putin has already played this nuclear card as his most threatening deterrent to NATO and the US, while he, undeterred, hopes to devastate Ukraine and demoralize its citizens into submission. Given his propensity to wage wars of conquest and his vision of a greater Russia, does any world leader believe Putin will cease his aggression against other nations in Europe—especially those formerly under Russia’s control and now on NATO’s eastern border?

What have we learned after the two world wars of the 20th century—that is, the worst self-immolation of humankind in all its history? World War II, for example, could have been stopped at Czechoslovakia’s border. And, maybe, we can stop Russia at Ukraine’s border. Every nation in the world has a very persuasive reason to support that result. Let’s face facts: Ukraine needs offensive weapons NOW. Unless the Ukrainian army can defend against artillery, cruise missiles, and arial bombardment, they will be defeated in a war of attrition and suffer the worst civilian casualties of any nation since the world wars of the last century.

Also, it is now time for the West to begin setting the terms of this conflict, rather than allowing Putin to do so. NATO must dictate the terms for secure humanitarian corridors that would allow civilian escape routes to safety. Those terms would limit NATO military response to the defense of those safe corridors against any active military engagement, to include aerial and artillery response in kind. NATO must prepare to enforce any cease fire agreement. As a result of such preparation, NATO must amass an attack force on its Eastern borders with a promise to act only if attacked. That force would then be in position to enforce any mutually agreed armistice or peace treaty between Ukraine and Russia. If such an agreement was reached, NATO would then be in position to assist Ukraine in the security of its borders while friendly nations assist Ukrainians’ efforts to rebuild their nation after this devastating unprovoked war.

Of course, my recommendations have no authority. But I can at least remind my readers that less action invites more risks. Putin is a bully and will continue to be the aggressor until forced to stop. Unless deposed from within, only the free world stands as an obstacle to his assault on humanity. We must put out the fire he has started before it metastasizes and envelopes Europe. He has introduced a sickness into the world’s psyche.

This sickness is what most viewers, I suspect, feel when they see and hear interviews with the citizens of Bucha—like the interview of a woman who saw her husband executed by Russian soldiers. She pleaded with the soldiers to kill her too, for she screamed “I have just the one husband!” She reminded me of a line from Kierkegaard: “When death is the greatest danger, we hope for life; but when we learn to know the even greater danger, we hope for death.” ³ The citizens of Ukraine must hope for life and the restitution of their sovereignty. Otherwise, they will lose their war with an evil empire and their hope for a free and just society where every citizen can conduct his/her personal pursuit of happiness. The world, not just NATO, must feed that hope. We feed it not just with moral support, but with care for Ukraine’s refugees, with both defensive AND offensive weapons, with the creation of safe havens within Ukraine and safe corridors for escapees from violence, and with personal use tightening of increasingly scares resources such as grain and fuel. All of us can live with less: substitute vegetables for bread, turn down the heater or air conditioner, and drive less. These are small sacrifices compared to what the people of Ukraine face daily: possibly as many as ten million homeless, tens of thousands dead or injured, millions separated from their families, whose children, mothers, sisters, and grandmothers are the preferred targets in Putin’s insane attack on humanity. The sickness Putin has unleashed on Ukraine will metastasize and increasingly affect the world—much as the World Wars of the 20th century did. Only we citizens of the world can save Ukraine AND ourselves from this sickness, which needs not be “unto death.”

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¹ Evan Osnos, “Wildland: The Making of America’s Fury,” p. 166.
² Viktor E. Frankl, “Man’s Search for Meaning,” pp. 82-83.
³ Soren Kierkegaard, “The Sickness unto Death,” pp. 13-22. The quote is from p. 18. As Kierkegaard explains, there are many forms of this sickness he terms despair. But, in my interpretation, there is only one ultimate despair: not living or being in relation to oneself, for that relationship encompasses all the relationships one experiences in life. At least, that definition captures what Joseph Campbell believed was the purpose of human life: the experience of living. Losing that experience—or the fear of losing it—is the greatest despair any human will ever face. Now consider the fate of many Ukrainians during this conflict.

Political, Strategic, a/o Honest Statements

“. . . this man cannot remain in power.”

When a President talks in any public forum, his/her words are always political, sometimes strategic, and—hopefully—honest. In each case, these words must reflect the reality as he sees it. Yesterday, President Biden spoke near a conflict border reminiscent of former President Reagan’s speech at the Berlin wall (“Mr. Gorbachev, tear down this wall”). Without doubt, the timing and place for this speech made it historic. But what was its political implications? Did it have a strategic impact? And did it reflect the President’s honest assessment of reality?

In 2016, I wrote a blog entitled “Truthful Hyperbole.” It outlined how Donald Trump applied his adman approach to political communication. As quoted from his book, “The Art of the Deal,” he felt that “people want to believe that something is the biggest and the greatest and the most spectacular. I call it truthful hyperbole.” Political statements, in his estimate, need no basis on reality. They just require an artful presentation or “pitch” to garner belief. For this reason, they are often deployed by dictators. President Putin, for example, can claim the Russian invasion of Ukraine is merely an effort to free Ukrainians from genocide at the hands of Nazis overlords. This statement is no more preposterous than Donald Trump’s campaign pitch to “drain the swamp” of self-serving politicians and criminals—the very element he so assiduously endeavored to promote during his administration. But “politics” invokes its root meaning from Athens and Rome wherein it refers to authority figures’ communications with citizens and, more specifically, citizens of a republic. These communications are unique in the sense that they involve more than the transfer of information. Their primary purpose is to convince followers/voters to support and believe in the communicator. Therefore, political speech is more about persuading citizens by whatever means, with or without any adherence to truth or fact. When the governed hear the statements of their political leaders, they should be just as skeptical as they would be of the salesman at their door, that is, “buyer beware.” Given the nature of politics, was the President Biden’s speech in Warsaw persuasive? Did it gain the support of its listeners, the American public, NATO leaders, and its larger world audience?

The answer to this question would seem to be affirmative, except for the American press. Since it is the role of journalists in a democratic state to question authority, the quote that prefaces this blog has raised an issue with American journalists. Specifically, did the President make a strategic statement, specifically, that America’s foreign policy advocates for regime change in Russia. Does “cannot remain in office” mean “should not” or “not competent” to hold the power of his office because of blatant malfeasance. Well, his words can be construed to mean either interpretation. Given the context of the President’s speech, where he deliberately exonerates the Russian people of the atrocities committed under Putin’s command, there is little doubt that he was invoking the conscience of the Russian people. But in what context can the President’s words imply America has or seeks the ability to remove Putin from his office? His statement is “strategic” in the sense that it may be construed to influence Russian citizens. But there is no actual strategy to insert American propaganda into Russian media or invoke the services of Russian dissidents to undermine Putin’s government. In other words, President Biden was not invoking the same kind of strategic interference in Russian politics that Putin initiated and continues to support against the American government. America is not duplicating Russia’s regime change efforts against America. A closed society like Russia does not have a free press or a bevy of politicians vying for Putin’s office. No American foreign policy can affect regime change in Russia. Nor is there any evidence as such, other than an appeal to Russian citizens to withdraw support for Putin’s invasion of Ukraine. And that appeal has the same message as the free world’s financial sanctions on Russia, specifically, “stop this unprovoked war!” If the Russian people join the rest of the world, then Putin may be swayed to relinquish his unilateral/absolute power to wage an unprovoked war and recognize Ukrainian sovereignty over its own people and within its universally recognized borders.

America, like the rest of the free world, supports Ukraine’s fight to defend its borders and its people. But, even if regime change in Russia were the only means to accomplish this end, then no country would have the strategic means to remove Putin from his position of power. Instead, 141 countries have voted against Putin’s war in the United Nations. NATO with America’s support is actively arming Ukrainian fighters to defend their homeland, its people, and infrastructure. President Biden’s words, then, are aligned with the vast majority of nations, but have no tangible effect on Putin’s hold on the Russian Presidency. But his words do have a strategic impact by unifying the global community of nations in their support for Ukrainian resistance and for economic sanctions against Russia.

Clearly, President Biden’s quote here was intended to be and is strategic, though not in the sense of effecting a regime change. His words reflect his honest assessment of the tragic consequences of Putin’s war. Prior to his speech, he had met with a few of the approximately four million Ukrainian refugees, as many as half of whom are children. He heard stories of mass graves, of whole cities reduced to rubble, of Russian efforts to destroy infrastructure, including hospitals, schools, and food delivery and storage facilities. While Putin’s army denies power, food, and water to civilians in besieged towns and cities, it also attacks refugees attempting to escape in mutually agreed safe corridors. It is difficult to assess responsibility for these atrocities because the Russian army seems to act without structure and discipline. While Ukrainians are forced to bury their dead in mass graves, the Russian soldiers do not even collect the bodies of their dead comrades. Instead, these bodies are left to decompose in the streets and fields where they were felled. As a former soldier and war veteran, I cannot fathom leaving fellow soldiers behind on the field of battle. Given the magnitude of this inhumanly conducted war, no man responsible for such carnage can have such power. No human being should have such unjustified power over the life and death of a whole population or a free nation. President Biden’s remarks reflect his honest assessment of President Putin’s immorality and unjustified use of war powers.

But did President Biden’s words so infuriate Putin as to reinforce his attack on Ukraine? Perhaps they made Putin angry, but his intent to have the Russian bear swallow Ukraine whole was hatched many years ago. He has written and spoken about his intent to restore the 19th century Russian empire for many years now. And he has often stated his deep resentment for the West’s incursion and absorption of former Soviet states. In other words, Putin has long sought—and fought—to regain Russian control over former Soviet states and to dominate all of Europe. President Biden’s words have no or little impact on Putin’s long held and burning grudge against the West for its infringement on his perceived Russian destiny to control and extend its borders/influence over all of Europe. Again, some American journalists have concocted an inference in Biden’s remarks without regard to history or established facts. Putin’s war is unjustified, is conducted in the most brutal and inhumane way imaginable, and is the act of a megalomaniac—a man possessed of a hegemonic world view that only he can heroically impose on unwitting philistines.

As President Biden stated so simply: “this man cannot remain in power.” In fact, no man can claim or hold such power, at least not in a moral universe.

It’s a MAD World

Recently, 141 nations condemned Russia’s invasion of Ukraine at the United Nations. Only five nations rejected this condemnation. And those nations reflect the anti-democratic comrades of Russia’s dictator. Most of the world, then, has expressed its displeasure with President Putin. As the world’s press reports on the atrocities committed by his army, we all feel the anguish of Ukrainians as their homes are destroyed and their families are ravaged by indiscriminate bombing and artillery barrages. The human tragedy inflicted by Putin’s unprovoked war must touch all who witness it—which is every human being with a cell phone or TV monitor. As fellow humans, we cringe at the site of women and children escaping from bombed-out communities while their husbands/fathers/brothers enlist in a besieged army to expel invaders from their country. We are all sickened by the carnage and by the unspeakable arrogance of this dictator who initiated this murderous onslaught. And we feel connected with the Ukrainians’ cause as they fight to protect their homes and families and preserve their freedom as an independent democracy. Like them, we are mad!

 

But MAD is also an acronym for “mutually assured destruction.” And MAD should not be treated lightly or as a bargaining chip in a high stakes game of conquest. Putin has drawn the world into his game of nuclear poker. While he threatens Europe with short range nuclear missiles, he hopes to keep America out of his game plan because of MAD. His war strategy then is based on what he learned as a KGB operative: begin a war you intend to win at all costs; and up the ante if falling behind planned objectives or losing. He premised his Ukrainian game plan early: first, he staged nuclear war exercises with his short-range weapons to remind Europe of its vulnerability; second, he showed the nuclear MAD card to neutralize any American threat. His was and is a very high stakes game with MAD as his ace in the hole. If he can neutralize Europe/NATO with his short-range missiles and America with MAD, he hoped to assure the success of his Ukrainian invasion without engaging either NATO or an American intervention.  He then could overwhelm Ukrainians’ will to fight with an indiscriminate assault of bombs, artillery, and cruise missiles aimed at civilians, their homes, and their supportive infrastructure. His brutal game plan, then, includes war crimes against non-combatants while a far superior antagonists such as NATO and the US remain neutralized by a very high stakes game of nuclear brinkmanship. We are all captive in his MAD world!

 

The problem with Putin’s game plan is the same with any high stakes’ gambler. He must belief he cannot lose. So how do we convince Putin that he can and will lose? Must we play his game? So far, President Biden has refused to do so. He has changed the nature of the game. While Putin threatens with his nuclear arsenal, our President has countered by engineering a Russian financial meltdown. Unlike JFK, President Biden has not readied America’s nuclear warheads. Nor has he changed NATO’s readiness to deploy its short-range nuclear weapons. (I suspect they are always ready, but in a defensive posture.) Instead, the American President has raised the stakes for Putin by putting Russia’s economy in jeopardy. And Putin has responded by engaging in a massive public relations campaign to convince Russians that Ukraine is being liberated by Putin’s peacekeeping force from a Nazis genocide campaign and that America is the Great Satan that is waging a criminal financial war against the Russian people. Since he has squashed all fair and honest journalistic outlets within Russia, he may hope to limit the flow of honest reporting. But that hope is not very realistic given the 21st century plethora of information outlets. There have been protests throughout Russia, suggesting the success of Putin’s propaganda campaign may be at risk. But, while Russia suffers a slow financial meltdown, Ukraine is being burnt to the ground, and the rest of the world remains frozen in a state of persistent indecision and unrelenting remorse. While Ukrainians fight and die, we are stuck in this MAD world, frozen by a nuclear standoff, and mad as hell about our dithering.

 

It seems likely that Putin will resort to more violent or despicable methods. Putin will turn to his cyber war weapons. Instead of a nuclear war, the world may find itself reeling from cyber-attacks on financial institutions and infrastructure. Ironically, he may pretend to sanction world leaders arrayed against him—though he lacks the power to do so. Putin will huff and puff and blow the house down before acceding to defeat. He is that cagey wolf at the door. But on the other side of that door is the inspiring leadership of Ukraine’s President Zelensky and the wily experience of President Biden on the world stage. Ukraine may yet outlast its invading army and win a Pyrrhic victory. And the West may indeed succeed in reducing Russia to a third world economy, incapable of supporting any future war effort. That history is yet to be written and subject to the whims of fate. But how can the free world secure that fate, rather than merely witness what could become the beginning of its demise?

 

What if NATO declared a humanitarian safe zone within Ukraine for escaping refugees? So far, all “safe corridors” for refugees have not proven safe from Russian artillery. But what if NATO guaranteed the safety of such an escape route with the full force of its military? Well, if Russia attacked refugees within this safe zone, NATO could, with justification, proceed to demolish Russian weapons depots and artillery positions located in Russia—effectively cutting its military off from all support required not only to attack safe corridors but also to continue its brutal bombardment of Ukrainian cities. Russian soldiers would then be at the mercy of enraged Ukrainian fighters defending their country of invaders. The war could end within a few weeks or, at worse, months. And the Putin military foundation he has built over several decades could end with a severe diminution of its capability. The dilemma for Putin would then be to cease all offensive operations or escalate his attack. In other words, he could seek a diplomatic armistice to save his remaining force from an angry Ukrainian army without the cover of artillery or provision of resupply. Or he could release his tactical nuclear weapons against Europe while attempting to hold America at bay with MAD. He could either resign himself to an armistice as would any sane leader or commit to a full scorched-earth path as would a maniacal fanatic. So, who has Putin proved himself to be over the past two decades—a thoughtful Russian patriot or a KGB fanatic? What assurance, if any, can there be in any answer to this question? And what might be the consequences of that answer? The acronym MAD seems to imply a certain level of insanity or fanaticism. Do we then have to be resigned to World War III, perhaps even a nuclear holocaust?

 

 

I must confess my limitations here. Though a war veteran who worked in the Signal Corp’s operations and intelligence (S2/S3), I have no expertise here in weighing the alternatives before our generals and military advisors. They might find it tempting to defeat a frequent antagonist and to decimate its military for a decade or more. But who would or could risk a nuclear war—limited or not? In our system of government, this type of decision is not before the military, but before the people’s representatives. Congress declares war, not the generals and not even the President. Clearly, President Biden understands his limitations here and is representing our Constitution and our treaty obligations, as approved by a duly elected Congress. ¹ The real danger here is that Putin might take an offensive action that our President would be required to respond in kind as our Commander-in-Chief who takes an oath “to preserve, protect, and defend the Constitution of the United States.” (ref. Article II, Section 1).

 

This is a moment in history unlike any other. Not even the Cuban missile crisis (referenced in my previous blog), is analogous to this confrontation. President Khrushchev did propose a reasonable compromise that addressed each sides’ nuclear intimidation in both Cuba and Turkey. But does President Putin seem reasonable? Has he ever backed out of a military confrontation he initiated? Has he ever weighed the costs on the Russian people for the military invasions he orchestrated in Chechnya, Georgia, Syria, Crimea, the eastern provinces of Ukraine, or his current assault on Ukraine? Though Khrushchev was no less committed to Russian sovereignty and the exercise of its power, he was as much a realist as a Russian patriot. Unlike Putin, he was not a fanatic. He, like many Russian Presidents who followed him, signed various nuclear limitation pacts and various force coordination agreements designed to prevent any miscalculation in armed conflicts. Khrushchev threatened America because nuclear missiles in Turkey presented a threat to Russia. Putin recently signed a short range missile deployment pact with NATO, a military defensive organization. It exists because of its fear of the “Russian Bear.” Putin, however, knows no fear of a first strike attack from NATO’s member states. Instead, only Ukraine’s democracy threatens him. And, obviously, that threat is not against Russia. No, Putin feels personally threatened by the European Union’s democratic states and, most especially, by a democratic border state so closely related to Russia and its history. For democracy threatens his hold onto absolute power—that is, power over all laws, courts, his military, and all government administrative functions. Therefore, he feels at liberty to invade Ukraine because he can do so without fear of reprisal from a nuclear armed–but defensive—organization of free states.

 

The hubris in Putin’s unprovoked invasion of a free democratic state is his defanging of America with MAD. He is a dictator who forces his will on other free states, including both Europe and America, by threatening nuclear Armageddon. When has the quest for absolute power ever been enforced by nuclear annihilation? Again, this is a moment in history unlike any other. And it is truly maddening!

 

In recent blogs, I’ve suggested that Putin is not bluffing, for he is convinced he has a winning hand. The western democracies, he assumes, could never convince their citizens that risking a nuclear holocaust was for their benefit. Conversely, the example of freedom loving Ukrainians has reminded the world’s democracies of the stakes. Remember, the 20th century world wars were not started by freedom-loving dictator/tyrants. Their bluster and demagoguery were not born out of a love for freedom, but out of a lust for power. Also, they, like all bullies, did not expect their bluff to be called. But the Allies’ fist in the face of their aggression was not equivalent to a nuclear war. What if, in our current crisis, NATO declared and vowed to enforce a humanitarian armistice to render aid to the victims of war crimes? Since all of Ukraine has suffered from these crimes, NATO calls for a halt to all offensive military actions. Further, it demands a complete and total withdrawal of the Russian military aggressors to positions beyond the pre-invasion borders of the two countries within a mutually agreed period. The conditions for this withdrawal will include mutual recognition of Ukraine’s status as a provisional member of NATO and the elimination of all sanctions against the Russian Federation over a negotiated timeframe. Further, NATO agrees to assure the safety of all Russian military personnel during their withdrawal. In other words, all parties must agree to end all hostilities and return to peaceful relations, a pax priusquam. Otherwise, NATO will enforce this pax priusquam with all powers available to it.

 

Why, you might ask, would Putin accept this complete capitulation of his imperialistic agenda? Well, I can think of at least two arguments that might sway him from his murderous intent. First, unless he accepts the terms of this pax priusquam, he risks losing his military to a far superior force and his Russian economy, to a devastating depression without any reprieve from international organizations. Second, unless he accepts these terms, he would risk losing whatever support his propaganda can muster/maintain from the Russian people. He must know that he cannot suppress the truth about his unprovoked war forever. The thousands of Russians already jailed for their protests of Putin’s unprovoked war are only going to be multiplied over time. And his plan for a quick war has been demolished by the fierce resistance of the Ukrainians.

 

Would Putin accept these terms? As a fanatic, he probably would not. But, as a survivor, he might. And, as a realist, he would have to recognize the possibility of retaining some measure of his pre-war status. The terms of this pax priusquam allow him to retain a large part of his military power, to regain world markets and restoration of the Russian economy, to restart his Don Quixote mission to wage unremitting opposition against the US, NATO and democracies everywhere, and to resume his czar-like control over the Russian Federation, at least until the next Russian election.

 

Just 20 minutes ago, I listened to President Zelensky’s address to the American Congress. It was a Cassandra-like forewarning of the free world’s impending failure to secure its future. Ukraine could be the first stone removed from the foundation of the European edifice of free democratic states. The EU itself should shudder at the prospect of Russian soldiers and mercenaries on its eastern border. Does anyone doubt that Putin would amass a large army at that border—on the graveyard of a free Ukraine—to bolster his alleged “defense” against the EU. He did no less when he surrounded Ukraine before initiating an unprovoked assault. He would and will do so again. President Zelensky is reminding America as the leader of the free world that it alone stands on the precipice where World Peace must stand or fall. America or, more specifically, Americans are once again being called to defend democracy and the union of free European states. I believe our President has risen to the task at hand. But we Americans must do more, not only to secure our democracy at home, but to defend it abroad as well. What is at stake, as President Zelensky reminds us, is world peace.

 

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¹ It is true that most of our international commitments are Presidential agreements that sometimes are not honored by subsequent Presidents—as happened in the Trump presidency. But America always acts in accordance with its treaty obligations, as required by our Constitution and the lawful action of a freely elected Congress.

Eat Crumbs and Bask in The Glory of Empire

Although Hitler made a fortune on the publication of Mein Kampf, few people have read his diatribe wherein he declared his hatred of democracy, Marxism and the Jews, and his belief that the Aryan race—in particular, the Germanic—was divinely decreed as the master race. Well, if you missed your chance to learn about his part in history and his advocacy for preordained nationalism, you now are witnessing its reincarnation. President Putin believes that Providence guides Mother Russia to rule all of Europe, from the Atlantic to the Pacific Oceans—what he terms Eurasia. He detests democracies, LGBTQ people, and anybody, including Slavs, even Russians, who dare to oppose his right to re-establish—and extend—the former Russian empire under his rule. Yesterday, he warned that any country opposing him would face the full force of Russian power. (Is this a reference to his nuclear arsenal?) His Eurasia myth promises to replace chaotic democracies anywhere with nationalist rulers who bow to his dictates. Of course, the beneficiary of this proposed nationalist empire can only be Putin and the coterie of his chosen sycophants, who are his Russian oligarchs. Those governed are destined to a limited or even meagre subsistence while told to bask in the glory of a powerful state and in gratitude to its supreme leader.  

 

What the world is witnessing in Ukraine today is not merely Putin’s fear of Western hegemony, but his attempt to advance Russian dominance in Europe on his way to Eurasia. Ukraine is just another hurdle to overcome. Georgia, Crimea, and Syria are behind him. Belorussia and Moldovia may be next. He is acting on a long-held belief that it is his destiny to restore and extend the Russian empire to its full glory as ordained by Providence. As a result, he will concoct any imagined pretense—whether it is to rid Ukraine of neo-Nazis and protect its Russian inhabitants, to counter NATO’s infringement on Russia’s hereditary lands, or to establish Russia as a legitimate counterweight to American power. Rather than a free democratic Ukraine, he will make Ukraine a vassal of Mother Russia like its former colonial status under Soviet rule. But the war he has initiated clearly has a purpose beyond Ukraine. Caesar recognized Gaul was divided into three parts and that he had to conquer all its parts before establishing the Roman Empire. Napoleon crossed every border with his massive army on his way to Moscow. And Hitler too was looking beyond Czechoslovakia on October 1, 1938, to extend his reign even beyond the point of Napoleon’s failure. These world conquerors must unleash the hell fires of war and extend their dominion to match their inflated egos.  

 

The twentieth Century has taught us of both modern warfare’s enormous devastation and its unpredictability. I certainly cannot offer any bromide here. But we can better cope with this current crisis if we understand how it came to be. Putin’s wars have a prelude where all the discordant notes were played in advance of the main theme. 

 

That prelude began with Putin’s sudden rise to power in 2000. From an unknown former KGB operative, he rose to prominence in St. Petersburg where he used his government position to enrich himself and his assembled gang of thieves. Meanwhile, he rose through the ranks of the KGB—now the FSB—to become its leader. Three months before President Yeltsin’s unexpected retirement, he was appointed Vice President. Then, in January 2000, he inherited the presidency when the former President was forced into retirement at the end of 1999. (He was eventually elected in March of 2000 under a very dubious “free” election.) The Soviet era and his KGB training had been the major influences in his life and on his mindset. ¹ And, shortly after Putin became the head of state, he consolidated his power by protecting and enriching the men—mostly his St. Petersburg gang—who would become his oligarchs. For Americans, his approach was not dissimilar to Trump’s appointments of self-interested millionaires, lobbyists, and criminally prone individuals to government positions or to his “kitchen cabinet.” Trump’s mindset was not dissimilar to Putin’s. 

 

It should not be surprising that Putin’s intelligence network had noted Trump’s potential as an “idiot source” long before he won the presidency. He had been weaned on laundered money from Russian oligarchs. And Putin tested this source, like any good KGB handler, by inviting him to Russia and offering him free publicity and a Moscow venue for his beauty pageant. Subsequently, he took advantage of the opportunity to support this source’s campaign for the Presidency. He had his intelligence operatives engineer a massive online effort to support that candidacy. If he did not personally suggest, he most certainly approved of the man who volunteered to lead the candidate’s campaign for free. That man was Paul Manafort, a Putin operative who had served/guided Yanukovych, the Ukrainian President who also served at Putin’s pleasure.  

 

When Putin’s plan succeeded in duping American voters to elect his candidate, he must have been delighted to witness him –  

(1) reduce America’s short range nuclear missiles deployed in Europe,  

(2) decommission the spy plane that had previously participated in mutually agreed overflights of American and Russian terrain, 

(3) destroy the plane’s state of the art surveillance equipment, thereby prohibiting its reuse, 

(4) and reduce American support for NATO, even to the extent of pulling troops back from Eastern Europe.  

 

Meanwhile, Putin was busy – 

 (1) amassing a 600 billion government surplus in a strained Russian economy, perhaps as a future war fund established at the expense of the Russian people,  

(2) establishing a favorable bilateral relation with the President of Belorussia who later would allow the placement of the Russian military on Ukraine’s shared border just north of Ukraine’s capitol,  

(3) and planning the elaborate movement of 70-75% of Russia’s military resources from all sectors of the country to strategic locations surrounding Ukraine.  

Over a period of years, Putin had been able to concoct this elaborate plan to attack and subjugate a democratically free state. In his mind, he was on a divinely ordained mission to restore the Russian empire that had fallen victim to the hegemony of European democracies and to the United States. Does his elaborate plan not remind us of another obstinately determined deranged visionary of more recent vintage? 

 

Yes, I refer to Adolph Hitler. Of course, Hitler revealed his megalomania much earlier than Putin. In 1924, he had been arrested, trialed, and convicted of treason. But he denounced the verdict in his rebuttal: “You may pronounce us guilty a thousand times over, but the goddess of the eternal court of history will smile and tear to tatters the brief of the state prosecutor and the sentence of this court. For she acquits us.” After his 24 days (about 3 and a half weeks) in court, he spent another 9 months in the Old Fortress at Landsberg where he dictated Mein Kampf to his forever loyal Rudolf Hess. ² His self-proclaimed bible fortified his quest for power and subjugation. Putin, likewise, has written lengthy treatises justifying his tactics, much of its philosophy torn from the pages of Ivan Ilyin’s writings. Note that Ilyin “began his article on ‘Russian Nationalism’ with the simple claim that ‘National Russia has enemies.’” ³ How frequently have we heard this refrain repeated by Putin? The world is Russia’s enemy until subjugated by Russia under its nuclear umbrella. And Putin has no need to call upon some goddess to justify his actions, for Divine Providence already guides him. But, as warned in the Bible, “Beware of false prophets who come to you in sheep’s clothing but inwardly are ravenous wolves” (Mathew, 7:15). And further, “They speak visions of their own mind, not from the mouth of the Lord.” (Jeremiah, 23:16). One such ravenous wolf has concocted a scheme out of his bewitched mind to swallow up the nation of Ukraine. He has become our 21st Century Hitler. And the sword he wields is not the “sword of the spirit” (Ephesians 6:17), nor Hitler’s blitzkrieg, but a nuclear bomb. Putin threatens an apocalypse unless granted unbridled power over the lives of innocents. 

 

The lesson of history here is plain: as Lord Acton stated, “all power tends to corrupt, absolute power corrupts absolutely.” The quest for power is not an uncommon human trait. But so is the urge to form communities and social justice. For the past 234 years, the United States has struggled with both traits. How have we survived? The answer: we revive the power of our union and its guarantees of liberty and justice for all. And we do so at the polls. For example, we just voted out of office a pretend dictator. Throughout our history, we have used our Constitutionally guaranteed freedoms to correct any waywardness from their provisions and to right the course of our democracy. No human society is or remains innocent of wrongdoing. The virtue of democracy is its ability to right its course. When America loses this ability, it loses its place in history as perhaps the best hope for humankind. All who support democracy must stand together, otherwise we will face the same recourse that the Russian people face today, that is, subjugation to a maniacal tyrant or—in America’s case—to a rogue political party fallen under the spell of a Putinesque fanatic. Of course, our “fanatic” is less likely to speak in religious terms, but in terms of wealth. But history has shown us that men who seek absolute power (yes, they are always men) surround themselves with sycophants who feed off the trough of that power. 

 

Americans must support Ukrainians, for their struggle is the same as ours. They were developing a democracy just as we have been struggling to preserve ours. Our futures are intertwined. And the world depends upon our success in this struggle. May God help the Ukrainian people and guide us to form societies and governments that guarantee liberty and justice for all.  

 

The alternative is a return to feudal conditions, aristocratic rule, and sworn loyalty to a monarchized system under a soulless dictator. 

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 ¹ If you really want to understand this man and his objectives, read “Mr. Putin,” authored by Fiona Hill and Clifford G. Gadddy. And, if you want to know how he rose to such power, read Karen Dawisha’s “Putin’s Kleptocracy,” where his brutal rise is extensively documented. 

² William L. Shirer, “The Rise and Fall of the Third Reich,” pp. 75-79 (quote taken from P.78). 

³ Timothy Snyder, “The Road to Unfreedom, p.28.   

 

 

 

A More Perfect Union, or Not?

In May of 1787, a Constitutional Convention convened at the behest of the Continental Congress. Its avowed purpose was to reform the articles of Confederation. During the hot, muggy, fly-infested Spring and Summer that followed, our founding fathers convened at the same location where the Declaration of Independence was signed. But they came with mixed purposes. Not only where the individual states at odds with each other on trade, currency, and many municipal practices, but they also differed on what powers, if any, they would concede to a central government. After much wrangling and heated debates, they eventually came together on a singular purpose, as stated in the Constitution’s Preamble, to form “a more perfect union” that assured for “ourselves and our posterity” justice, domestic tranquility, a common defense, the general welfare, and the “blessings of liberty to ourselves and our posterity.” They did not propose reforms for a confederation, but instead became the midwives for the birth of a nation.

Naturally, they could not know how that nation would develop or become more perfectly united. For intent is not destiny unless realized in action. And the realization of our forefathers’ intent would inevitably fall upon their descendants—which today includes us. For we are the recipients of an American history that began in Philadelphia and was subsequently celebrated there on July 4th, 1788, after our Constitution was ratified by two-thirds of the states. What have we since wrought that our forefathers might have anticipated? And did they have any forebodings?

As he emerged from Philadelphia’s Independence Hall, Benjamin Franklin, a key leader often asked to settle debates during the Convention, was asked what form of government would be proposed. He replied, “a republic, if you can keep it.” John Adams, who was serving as our Ambassador to England during the Convention, later described this newly minted Constitution as an “experiment in democracy.” But, as a key organizer of the revolution, he favored a strong central government to confront the European colonial powers. James Madison, one of the key architects of the Constitution, had spent studious hours researching the structure and longevity of past attempts to form or idealize a democracy. For no such effort in self-government had long survived in the entire course of human history. Each of these men recognized the fragility of this newly formed democratic republic. Though neither of them could foresee the future, they shared a common hope and trust that their descendants would maintain and mold this democratic republic. In effect, they placed its evolution in our hands.

George Washington, the General that led the American Revolution, would become the first President of the United States of America, not the deputy figurehead of confederated states. Instead, he was the duly elected leader who would represent the interests and welfare of all citizens of a singularly constituted democratic republic. After two terms in office, he admonished Americans in his farewell address that this “union ought to be considered as a main prop of your liberty, and that the love of the one ought to endear to you the preservation of the other.” But like John Adams, his Vice President, he too had reservations about the future of this newly minted government. In his farewell address, he warned Americans of a new and more strident enemy in factions of “designing men (who) may endeavor to excite a belief that there is a real difference of local interests and views . . . (and) are likely, in the course of time and things, to become potent engines, 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.” He warned that obstructionists would put the “will of the party” ahead of the “power of the people” to elect a representative government. In other words, Washington outlined for future generations what might subvert our union and potentially lead to despotism. (Reference “Presidential Farewell Addresses.”) His warning, some might say, revealed a preference for the Federalists who foresaw our national union depended upon a strong federal government.

But Thomas Jefferson, who was Ambassador to France during the Constitutional Convention, formed a slightly different—perhaps more nuanced—opinion of the newly minted Constitution. He had two concerns that he addressed in a letter to his friend James Madison. First, he feared a popular President could become a monarch if no term limit was imposed—likely a concern shared by Washington who declined to seek a third term. Secondly, he noted the absence of those avowed liberties secured by the British Parliament’s Bill of Rights. ¹ Later, he joined with Madison to promote the initial ten amendments to the Constitution that included those rights, to include the Tenth Amendment. That Amendment reserved to the states or to the people “the powers not delegated to the United States by the Constitution, nor prohibited to the States.” ² Jefferson’s concerns, most would agree, revealed his aversion for excessive Presidential power and for a central government that might diminish States’ rights. To quote from his private letters to constituencies during his subsequent Presidential campaign, “our country is too large to have all its affairs directed by a single government. Public servants at such distance . . . will invite . . . corruption, plunder, and waste . . . 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.” ³

But, despite their differences, these American patriarchs recognized not only the fragility of maintaining a democracy but also the mutual comity required to assure national unity. Our Constitution’s creators, for example, had labored through five difficult months of argument and compromise before reaching agreement. Notwithstanding their differences, they became equally committed to this new union of states and showed this commitment in the mutual respect they showed each other. Even the firebrand Hamilton, who later became highly critical of Jefferson’s politics, claiming it was “tinctured with fanaticism” and that Jefferson was “not very mindful of the truth and that he is a contemptible hypocrite,” also said that Jefferson was incapable of being corrupted. So, even where friendship amongst political opponents might be problematic at times, respect could still be attained. ⁵

Edmond Randolph, who, along with two others, refused to sign the Constitution created that hot and muggy summer in Philadelphia. He opposed a strong central government and a powerful chief executive. But later, as a member of the Virginia Ratification Convention, he persuaded five other delegates to vote with him to ratify the Constitution and officially launch the United States of America. It may be—as Wikipedia opines—that he both feared disunion and became resigned to ratification as merely a union of sovereign states. Perhaps his vote was simply pragmatic and did not imply his unequivocal acceptance of the Constitution he had initially disavowed. Whatever the case, he did later become a principal office holder in the newly formed government, serving initially as its first Attorney General and then as its second Secretary of State. His public service is an example of a patriot whose politics is secondary to his citizenship. Even when personal differences seem unreconcilable, he did not consider the dissolution of our union a remedial undertaking, but a fatal one.

What can we learn from these founding fathers that still applies to this democratic republic we call the United States of America? First, our founding principles must overlay our individual politics, otherwise we cannot be a unified country. Secondly, when our unity is weakened by dissent, love of country must supersede our differences. Therefore, when factions or political differences threaten our union, we must act within the scope of the Constitution that unites us as a nation. Our forefathers demonstrated how their political differences could be maintained, but still serve the American republic and its Constitution. Washington exhorted us to do so. Adams, Hamilton, and Jefferson demonstrated how to do so. And Randolph exemplified how even dissenters can serve a republic of free citizens. They each did so by honoring the Constitution and the will of a free electorate who ratified it by their vote. As our first President admonished, if we love our liberty, then we must preserve our union. He effectively gave us the first principle of our American democracy.

How viable is this first principle of our democracy today? If history is our judge, then we have often been guilty of some level of non-compliance. For example, if voting is indeed emblematic of our liberty, then excluding people from the vote diminishes our union and thereby our democratic republic. Nevertheless, our history has encompassed the enumeration of non-citizen slaves as three-fifths non-voting humans, the repression of women’s suffrage, the internment of citizens and curtailment of their access to voting during a time of war, and the persistent effort to suppress minority voting. But history has also shown that Americans can learn from these unprincipled apostasies from democracy. We have amended our Constitution to free the slaves and grant women suffrage. Our laws have been changed to enhance our freedoms via affirmative action and civil and voting rights, and to broaden due process for asylum seekers and for citizen law offenders in our courts. In fact, nearly every generation of Americans have been challenged to make Washington’s first principle a reality for their time. When individual liberties were curtailed, we redefined and enhanced them to broaden and thereby strengthen our union. So, what is the challenge for our time?

Perhaps our challenge is the same as it has always been. Why did America fight a civil war? Why did we grant women the right to vote? Why did we terminate the Japanese internment camps? Why did we pass the Civil Rights and Voting Rights Acts? Perhaps we did so for the same reasons Abraham Lincoln expounded at Gettysburg (reference “Of . . . By . . . For”). A nation conceived in liberty and equality for all will be tested and forced to renew its devotion to its democratic government and to “a new birth of freedom.” The forebodings of our founding fathers were fair warnings of what we might expect. We cannot and will not retain our liberty if we lose our allegiance to the United States of America. Remember Washington’s first principle and Lincoln’s exhortation that those buried at Gettysburg “shall not have died in vain.”

During the Civil War, where 750,000 died out of a population of about 31 million, nearly every family knew someone who fought and/or died in that horrendous cataclysm of our democracy. The grievances and resentments on either side were felt deeply. Though diminished with time, they are still felt today. The societal/cultural remnants of that war persist today in suppression of the Black vote and the whitewash of history—specifically, that portion of American history from the first Negro slaves kidnapped in 1619 and extended to the Black Americans who now comprise every segment of our society. The current Republican Party has long since absorbed the Southern Democrats, some of whom still harbor the spirit of the Confederacy in their hearts and in their policies. The Grand Ole Party now wants to limit the Black vote and delete Blacks from American history. This attempt at historical recidivism is divisive and illiberal. It also negates 236 years of America’s progress towards building a more perfect union.

In addition, the evolution of American capitalism (as outlined in “American Exceptionalism Revisited”) now challenges that “pursuit of happiness” promised in Jefferson’s Declaration. During the Presidency of Franklin Roosevelt, it became apparent that our happiness had a financial component that only the Federal government could guarantee. America was no longer a nation of farmers and landowners that Jefferson envisioned. Instead of the Homestead Act of 1862, 20th Century Americans needed the Social Safety Act of 1935. Much to the chagrin of modern-day Republicans, Roosevelt seemed to actuate Woodrow Wilson’s attack on classical liberalism. Given Jefferson’s inability to foresee the Industrial Revolution, however, it’s problematic to assume that Jefferson would disagree with Roosevelt. But the continued growth of Federal institutions since 1935 has accentuated the divide between the two national Parties. President Johnson’s extension of the social safety net, along with the more recent introduction of President Obama’s Affordable Care Act (ACA) have riled Jefferson’s heirs as examples of the Federal Government’s overreach and of an institutionalized administration that infringes on states’ rights. The current Republican Party attempted to abolish the ACA and exclude over 20 million Americans from basic healthcare. But how do we promote the general welfare if only the wealthy can afford healthcare? When the poor are shown to die more frequently of curable ailments, reducing their access to healthcare does not make America more united, only less just and less equal.

Roosevelt’s Administration pulled America out of a deep Depression and the conflagration of a world war. Johnson extended this post war recovery by using Roosevelt’s highly progressive tax system to support wage earners, the social safety net, healthcare, and public education. The resulting post war “boom” greatly increased America’s national income per capita. Europe followed America’s lead, though it now supersedes America in the administrative state’s provision of healthcare, social security, and education. How did America fall behind? As Thomas Piketty explains, “growth in national income per capita in the United States was twice as low between 1990 and 2020 (after fiscal progressivity was halved under Reagan in the 1980s) as it had been in the preceding decades.” ⁶ Remember President Reagan’s retort: “government is the problem.” Perhaps it is more so if it serves what Piketty terms “hyper-capitalism” instead of the general welfare.

The recent Trump exercise in hyper-capitalism was his tax cut for the wealthy. As the only piece of major legislation in his Administration, it does not bode well for our future—that is, unless reversed. This is the real context in which Biden’s “Build Back Better” program needs to be understood: it raises taxes for those who earn more than $400,000/year to fund working America’s basic needs to include, healthcare, education, preservation of our shared environment, and enhanced opportunity for America’s working class. It is fiscally neutral and could spawn a growth in per capita national income akin to Roosevelt’s New Deal.

Notwithstanding Biden’s agenda, some of what Jefferson feared has indeed already come to pass in terms of “Public servants at such distance . . . will invite . . . corruption, plunder, and waste.” Ironically, it has been the most recent heirs of Jefferson’s Republican Party who have contributed to the veracity of his prognosis. The Trump Administration, for example, welcomed influence peddlers from a hostile regime. Witness Russian meddling in our Presidential campaigns (“Russia, if you are listening . . .”). One such effort—a one million dollar foreign campaign contribution—is still in the courts. Sadly, much of the Trump Presidency was predictable. Just weeks after he assumed the Presidency, I wrote “Competency and the American Presidency,” in which I outlined both the threat Donald Trump posed to our democratic republic and the rationale behind Putin’s support (also referenced therein by “Why Putin favors Trump”). Much to my amazement, my words were uncannily predictive.

With how many grifters and lobbyists did this disgraced twice impeached former President Trump surround himself in the White House? How many criminals and indicted associates did he pardon as he left office? ⁷ How many Cabinet positions were granted to supporters with either a known bias against his/her assigned institution or with no relevant expertise? More to the point, the Trump Administration has reversed this democracy from its initial intent to form a more perfect union into a conspiracy-laden, hotbed of insurrectionists intent on suppressing minorities, reversing women’s control of their own bodies and careers, systemizing voter suppression, and rigging elections to assure all power is concentrated in the office of the Presidency—which Trump endeavored to occupy in perpetuity. How can America achieve a more perfect union if its only claim to democracy—a free and fair election—is usurped by what Jefferson would term a monarchized Presidency.

In a mere four-plus years, Donald Trump has redirected America’s trajectory towards “a more perfect union” to a craven self-serving politics and to a violent uprising against the seat of democracy. But Trump is not the prime cause of America’s fall from its Constitutional mandate. He, like any parasite, thrives on its hosts, which in this instance are Americans with a varied assortment of grievances.

Remember when politics could harbor disagreement, but without enmity. Remember when politicians told constituents the truth or, at least, what they believed to be true. Remember when love of country eclipsed policy differences, valued service to country over holding onto office, and rated citizenship over wealth or privilege. That love is called patriotism. Today, those memories appear dimmed within the body politic, thereby facilitating a divisive “take-no-prisoners” brand of politics. The corrupting effect of this perverse realpolitik is magnified by the press where its every lie/conspiracy/half-truth is rehashed in a continuous loop until it becomes normalized. How can this form of politics serve the public good and bring citizens together in support of its diversive perversity? Its appeal is based solely on addressing alleged grievances. And its justifying arguments are often repeated by the press as false equivalences, instead of the monstrous lies that could destroy a democratic republic. And perhaps worse is its assertion that equates an insurrection against the Federal government with our founding revolution against a monarch. This perverse politics falsely elicits Thomas Jefferson’s support of state’s rights and limited Federal power as its philosophical underpinnings.

But the essence of Jefferson’s concern about a nation’s affairs being “directed by a single government” can be found in his Declaration of Independence wherein he declared “the causes which impel them (the colonies) to the separation.” Most of us never read past the philosophical arguments for his Declaration. But, if you do, you will find a list of grievances. ⁷ When Jefferson enumerated the King of Great Britain’s “injuries and usurpations” against the colonies he summarized them in terms of the King’s refusal to “Assent to Laws, the most wholesome and necessary for the public good.” These were “the causes which impel” a revolution. And, further, Jefferson provided us with the philosophical underpinnings of a democratic republic formed by the “consent of the governed . . . to effect their safety and happiness.”

When the current representatives of the Republican Party argue in favor of state’s rights, they list their grievances against “big government” and Federal intrusion into the affairs of States. But ask yourself first whether they are arguing for the public good. For example, is a political Party’s usurpation of power by redistricting for the public good? Is suppression of the vote to quash a feared majority consensus for the public good? Is it for the public good to prohibit a woman’s control of her own pregnancy? Is it for the public good that Donald Trump must continue to abuse the powers of the Presidency? ⁸ Was it then for the public good that he incited an insurrection against a dutifully executed national election? Whose grievances were the insurrectionists relieving, theirs or Trump’s?

America is once again at one of those pivotal points in its history. It no longer exemplifies an archetype for a democratic republic dedicated to liberty and justice for all. Instead, it has become a divisive state torn between factions endlessly competing for power and influence with little or no regard for the general welfare of its citizens. Its disarray and departure from its founding principles, including Washington’s first principle, is an invitation for foreign antagonists to fan the flames of discontent, disunity, and disloyalty amongst our body politic. And it is also another moment in world history when a dominant power recedes and is replaced by its competitor(s). Do not doubt that Putin and Xi Jinping will seize this moment.

Is it too late for America to overcome its season of discontent? Can it once again raise the beacon of democracy to a hopeful world? Well, I would not spend the time it takes to write these tomes if I did not believe so. My children and yours depend on us to regain the torch of freedom. America can once again be reborn at the ballot boxes, in our schools, and in our communities. Our history tells us “Yes, we can.” As “students of the virtues that history reveals, we become the makers of a renewal that no one can foresee.” ⁹

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¹ 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.
² Those prohibited powers are enumerated in Article 1, Section 10, of the Constitution.
³ Merrill D. Peterson, “Thomas Jefferson and the Nation,” pp. 627.
Ibid., p. 632.
Ibid., pp. 646-647.
⁶ Thomas Piketty, “Time for Socialism,” p. 17. Please note that Piketty’s “socialism” is not communism, but “a new form of socialism, participative and decentralized, federal and democratic, ecological, multiracial, and feminist.” (p. 2) I think Piketty is characterizing what developed as a nascent movement in Europe, likely inspired by America’s social safety net, but less hindered by revisionist politics.
⁷ “Grievance” is a word especially useful to a demagogue. It is derived from the Latin, gravis, meaning “heavy”, “weighty”, or “burdensome.” It implies a heavy burden one must carry, like Caesar’s foot soldiers weighted down with heavy armor, swords, and helmets. But we all have some form of grievance that burdens us. Senator Cicero, President Jefferson, and nearly every other politician has used grievances to connect with constituents. This “grievance tactic” is not based strictly on reason, but on the felt burden of whatever circumstances may trouble a listener—like a pandemic, job loss, insecure circumstances, lack of political redress, and so on. When politicians can relate to a people’s grievances—e.g. “I feel your pain,” they can win their support. Or, in Trump’s shtick, “my enemies are yours too so join my fight.” But his fight is against the people’s republic that would limit his power. (As Judge Jackson wrote in her ruling against Trump, “he is the President, not a King.”) His followers are more enticed by his fight than his personal grievance which is infantile. And that fight is basically against any authority, law, or code of decency that hinders willful behavior. Remember demagogues have no definition of liberty other than a license to do whatever they want. Their followers then exercise the same license and act just as irresponsibly. It should be no surprise that Trump’s rhetoric should lead to violence, death threats, and even an insurrection against the people’s republic.
⁸ A simple internet search reveals 143 pardons that Trump continued to author until his last day in office. They include his campaign manager, a foreign policy advisor, his National Security Adviser, his chief campaign strategist, the RNC National Finance chair, the husband of a Trump ally and Fox News host, and many other miscreants mainly involved in various financial scams, not dissimilar to Trump’s scams (ref. Trump University and the Trump Foundation) or to other alleged financial frauds for which he is either already under investigation in New York or soon will be (like his misuse of campaign funds to pay off his defense lawyers).
⁹ Timothy Snyder, “The Road to Unfreedom,” p. 281.
˟˟ For a bit more philosophical/psychological treatment of one of the themes in this blog, you might want to read (“Only I Can“) which I wrote in July 2019.

American Exceptionalism Revisited

Why do so many of our politicians express their belief in American exceptionalism? How many of us Americans agree with them? How do these believers define this exceptionalism? And what definition of American exceptionalism can or should withstand our scrutiny?

Many Americans would define American exceptionalism in terms of ideals expressed in our founding documents. Jefferson’s Declaration both proclaimed the principles and then listed the grievances that motivated the revolt against the British Monarchy. Subsequently, the Preamble to our Constitution defined the goals/pursuits that would make us one country. Further, the Constitution defined the structure, role, and constraints of our government. As many have said, America is based upon an idea, born of the Enlightenment, and expressed in these documents. Other countries followed similar paths. For instance, whereas our Declaration touted life, liberty, and the pursuit of happiness, the French, by comparison, instituted their democracy on the clarion call of liberte, egalite, fraternite. Though both Americans and the French would agree that citizenship includes living free and equal under a Constitutional system of laws and democratic institutions, they differ on the nature of the society so established. Specifically, fraternite implies a community akin to a brotherhood, whereas the “pursuit of happiness” has an individualist connotation. In blunt terms, the French fraternite admits a strong social bond where the American pursuit of happiness guarantees the opportunity for personal or individual attainment but, sadly, only for a specific class of Americans. It was assumed that opportunity applied only to the white European settlers of this New World. Unlike the French, America was already a pluralist society, however unwilling its founding fathers were to admit that fact. Obviously, Jefferson never had the Negro slaves in mind when he insisted on adding the Bill of Rights to the Constitution’s first ten Amendments. Remember, he was a slave holder.

There is an irony in Jefferson’s declaration that “all men are created equal” and in his insistence that individual rights be added to the Constitution as its initial amendments. By basing “unalienable rights” on the fact of human birth, he laid the legal foundation for law on nature instead of any dictate of the state. But he was also engaged in the most natural human relation with Sally Fleming, who was legally one of his slaves, even though her birthright should have guaranteed her “life, liberty, and the pursuit of happiness.” Despite this personal contradiction, his words created the basis for classical liberalism, the inspiration for the very Conservativism that became the philosophical grounding for our Republican Party, that is, before Trumpian authoritarianism replaced it. But neither he nor the participants in the 1787 Constitutional Convention foresaw a future in which men and women born into slavery would become free American citizens.

What our founding fathers did envision, instead, was a country inhabited by white landowners and homesteaders tasked with building an economy and conquering a continent. The “pursuit of happiness” materialized in a very industrious economy that initially included cotton plantations, foreign trade, railroads, and the individual consignments that eventually metamorphized into commercial and investment banking. From its inception, then, America was characterized by the personal attainments of its white European settlers. It presumed to reward their individual pursuits, abet their personal wealth, and support an evolving economic structure.

In this light, our founding ideals seem more aspirational than descriptive of our nascent nation. “In order to form a more perfect Union” implies that the ideals expressed in the Constitution’s Preamble were merely goals “we the people” must/should realize. The reality our forefathers faced was a welcoming land of opportunity for individual American pioneers. That uniquely American characteristic of conquest and discovery was indeed exceptional and revealed itself in actual accomplishments. But the “more perfect union” defined in our Constitution was a democratic state never realized, but only promised. The promise, not the reality, was and is exceptional. The former inspires, but the latter reveals Americans’ shortcomings. Let’s review the nature of this quintessential American experience.

Americans did build a nation that has proven exceptional in many areas. From its outset, this newly crafted nation was a beehive of activity. Brook Farm, for example, bred a new American intelligentsia. While Horace Greeley and other editors founded American journalism, New England became the birthplace of art, literature, journalism, and the flowering of American culture. It also taught and trained the teachers that crisscrossed the continent, opening small town schoolhouses and educating young Americans. The first half of the 19th century was, literally, an American renaissance. Meanwhile, Greeley’s editorial advice for his readers was “Go West.” And American settlers did so and in mass. Together with the American Cavalry, they conquered the Indian Nations and built new communities, subsequently adding new territories and States to the Union. They also brought with them the spirit of a newly formed democracy, which so impressed the foreign historian, Alexis de Tocqueville. He recognized a “new Anglo-American civilization . . . (as) the product of two perfectly distinct elements which elsewhere have often been at war with one another . . . forming a marvelous combination . . . the spirit of religion (sic) and the spirit of freedom (sic).” ¹

Alongside these hard-won attainments, America was building a new economy. In the Southern States, Americans built a lucrative cotton trade on the backs of slave labor. In the Northeastern States, one erstwhile banker, Alexander Brown, started a railway to connect his cotton suppliers with his Atlantic export operation. He well represented Tocqueville’s combination of Christian values with business foresight, integrity, and inventiveness. Eventually, his somewhat modest undertaking spawned a railroad industry that crisscrossed the country, connecting the western territories to the New England economy. Meanwhile, New England bankers made their fortunes on proffering consignments for exporting cotton overseas. Tocqueville’s “Anglo-American civilization” was prospering with all the religious fervor and unbounded freedom that so eluded the history of the Old World. From another perspective, it could be concluded that slavery worked better than feudalism (which conclusion I cannot and do not attribute to Tocqueville).

But an economy built on exports and depended upon consignment promises and risky Atlantic crossings gave birth to speculative investments. America’s financial pursuits resulted in an economy that grew in spurts, with speculative driven expansions followed by periodic downturns. The American economy crashed nearly every twenty years throughout the nineteenth century—perhaps the worst crash was spurred by President Andrew Jackson in 1837. On the last day of his second term, he executed his final assault on the central bank by signing his Specie Circular Act that required all government lands be paid-for only in gold and silver coins.

Later, during the Civil War, President Lincoln realized there was not enough specie to pay for the war. So, he passed the Legal Tender Act in 1862 which created “greenbacks” backed by the government instead of gold or other species. He literally saved the American economy amid a war over the issue of Negro equality under the American Constitution. He was the first President to address both the issue of equality and the economic stability of the American enterprise. Both issues address the nature of our national character and the pursuit of happiness.

After the Civil War, unfettered by war and accelerated by unregulated investment and the efficiencies of assembly-line production, the American economy beget its industrial revolution. The so-called “robber barons” rose to prominence both in wealth and power. But their control over American industry was rebuffed by the Sherman Anti-Trust Act under President Grover Cleveland and the relentless assault of President Theodore Roosevelt. They inadvertently created the issue of unequal distribution of wealth as a threat to the integrity of an American first principle. Specifically, they famously and brazenly were more able to pursue their happiness than other Americans. Their inordinate wealth and control over American industry spawned the actions of a succession of Presidents—from Cleveland to many of his successors—to protect America’s economic expansion via intermittent legal interventions.

Nevertheless, taken as a whole, the century after America’s founding experienced an incredible expansion of territory, culture, and the nation’s economy. The American pursuit of happiness evolved a country that could not have been foreseen by its founders. The New World breached a continent, defined a unique culture, and unleashed an economy that burned through multiple recessions towards sporadic expansions, but with an ever-growing wealth disparity and an inability—or unwillingness—to resolve inequality in a pluralist population.

Of course, alongside economic development, a new social order and culture evolved after the Revolution and somehow withstood the gruesome experience of the Civil War. While most Americans are probably not aware of Brook Farm and the American renaissance, they do know about European settlers, western expansion, the sub-culture of slavery that extended for nearly a quarter of a millennium before the 13th Amendment was ratified, and the inventiveness and industriousness of our ancestors who built a juggernaut of an economy. These were our forefathers’ major pursuits from the 17th through the 19th centuries. America’s founding ideals of liberty and equality were never extended to the conquered Indian nations, however, nor fully realized by the freed slaves. But the resources of a continent and the inventive industriousness of American settlers, bankers, plantations, and businesses unleashed an economic juggernaut that overcame myriad recessions. Although America did not fully realize its democratic ideals of a pluralist society of equals, it built an industrial revolution that promised unfettered wealth for many. The promise of wealth at hand overshadowed any concern over an unrealized ideal that promised universal equality under the law. “We the people” was segregated by race, income, and opportunity in a harshly stratified social structure. The divide between the rich and poor mirrored the stratification of classes between white and non-white. It was a capitalist picture in which the individual pursuit of happiness was framed.

The 20th century opened with a dynamic Theodore Roosevelt at the helm and with many captains of industry at the forefront of a new American era of wealth and power. So befuddled was the historian Henry Adams by the growth and complexity of the American economy that he claimed, “the new American—the child of incalculable coal-power, chemical power, electrical power, and radiating energy, as well as of new forces yet undetermined—must be a sort of God compared with any former creation of nature.” ² With this hyperbole, he may have been the first to attribute exceptionalism to a new generation of Americans. But take note, his accreditation of an almost divine exceptionalism is delineated by an economic progress spurred by American inventiveness, scientific prowess, and the harnessing of the forces of nature. At the heart of American exceptionalism, then, is capitalism as the engine that spurs human ingenuity, science, and a mastery of nature and that ignites an ever-expanding economy.

The new century began by interweaving American finance and politics with its entry onto the world stage. To quote Zachary Karabell, “as dollar diplomacy evolved and expanded from Taft to Wilson, as it became simply ‘American diplomacy’ . . . a handful of firms became the de facto deputies of the U.S. government, and the government became the de facto agents of these financial interests.” ³ But as America’s wealth grew, so did the depth of its economic pitfalls and the creativity of its recoveries. The Panic of 1907 aroused American bankers to mobilize and call for a central authority to become the banker of last resort and the backstop in a financial panic. President Wilson, who initially favored a government-controlled central bank, compromised with the banking community to create a hybrid. In 1913, the Federal Reserve Act established that hybrid, more controlled by private banks but governed by Presidential appointees. After World War I, America emerged as Europe’s main creditor, replacing the Bank of England in that role. Not only was America’s GDP the largest in the world, but it had also become Europe’s banker, providing liquidity to its war-torn nations. But American hegemony still had major hurdles. The Excess Profits Tax Act of 1917 curtailed excessive wartime profiteering, eliminating shared profit ventures established by American bankers. Cross-Atlantic partnerships dissolved. And the British pound remained preeminent in international commerce. Not only was America not ready to assume the world leadership role pursued by President Wilson’s League of Nations’ initiative, but it also pulled back from the temptation to capitalize on its economic power.

Then came the Great Depression and the withering of bank liquidity. As the banking system collapsed, so did individual savings. While the economy self-destructed, unemployment and soup lines grew. Shortly after taking office, Franklin Roosevelt turned to Congress for legislation that would address the banking crisis. The Glass-Steagall Act of 1933 changed the nature of banking and investing by divorcing investment banking from commercial banking. Speculation would still have its risks for the investor, but it could no longer bring down a nation’s economy—or so it was believed at the time. And that belief may have affected President Clinton’s relaxation of some parts of Glass-Steagall. Partly as a result, his successor witnessed the near collapse of the financial sector in the 2008 Great Recession over the debacle of sub-prime mortgage derivatives. Once again, a new Administration had to rescue the nation from its speculative tendencies. While President Obama, like Roosevelt before him, attempted to bail out Americans from financial disaster with a Federal stimulus, Congress moved to pass the Dodd-Frank Act. It prohibited banks from making speculative investments by regulating high-risk financial products, required bank stress test to assure adequate liquidity, and provided tougher oversight of the financial, insurance, and credit industries. (Former President Trump weakened some of this oversight by suppressing the work of the Consumer Financial Protection Bureau that held banks accountable for unfair loan practices.)

Why itemize this brief revue of America’s financial journey? After World War II and the Bretton Woods establishment of a new world order, America became a financial behemoth and the leader amongst nations. Nevertheless, it continued to have its economic pitfalls: recessions, oil crises, runaway inflation, and a reincarnation of “robber barons” in the form of millionaires and billionaires who have accumulated 69% of the nation’s wealth. ⁴ Now, at the outset of the 21st century, Jefferson’s idealistic “pursuit of happiness’ finds Americans bitterly divided along economic, political, racial, and social lines. The political divide alone threatens the very foundation of our democracy. Is this what are forefathers envisioned? In a previous blog (ref. “Of . . . By . . . and For”), I described America’s drift away from democracy. In this blog, I will attempt to explain why we are failing its promise.

While there is little doubt that material well-being is a baseline for the pursuit of happiness, it cannot be its wherewithal. Wealth creation is important for individual and family security. But, by itself, it does not guarantee happiness. Home ownership, for example, is a primary source of wealth for most Americans and reflects our heritage from the Homesteader’s Act to Jefferson’s vision of a nation of landowners. And yet we have a housing shortage, which is aggravated by a lack of affordable housing in well-populated job markets. America is the richest nation in the world with an accumulated wealth of about 129.46 trillion dollars. Whereas the top 10% of our population has garnered 90.32 trillion, the bottom 50% owns only 2.82 trillion. ⁴ These bottom dwellers represent approximately 165 million Americans living in poverty or near poverty conditions. This “near poverty” class mostly represents those living paycheck to paycheck. If wealth creation is part of our pursuit of happiness, then it can also be a detriment to that pursuit. How then can wealth define American exceptionalism? It more aptly describes America’s failure to provide for those “unalienable rights.”

It is said that the business of America is business. Capitalism reigns here. But does it insure personal happiness? Even a cursory history of the American economy reveals the dangers of unbridled capitalism. While it can create wealth, it can divide a nation between the “haves” and “have-nots.” Time and again, our Presidents and Congress have had to sponsor and pass regulations to reign in speculation and anti-competitive practices. We are a “can-do” people who invent and reach for high goals, but do we weigh the costs of personal success against the well-being of our fellow Americans? Some among us have followed the dictum of “OPM,” that is, conning and grifting their way to a fortune on the backs of other peoples’ money. In the vernacular of former President Trump, those “other people” are losers. So how then is winning at all costs a virtue? Why does a writer like Anne Rand measure a nation’s success by the wealth and associated power gained by the so-called “captains of industry?”

It would be tempting to say that America is pioneering Adam Smith’s vision of a self-regulating market. If so, then America is failing. Smith gave us a baseline for understanding how free markets should work. But free markets can easily be distorted by monopolistic tendencies, by lack of liquidity, by irresponsible speculation, or by grifting with other peoples’ money. There is a chapter in Zachary Karabell’s outstanding book entitled “when is enough enough?” Therein he concludes, “in what healthy system does never becoming too big to fail get judged negatively?” ⁵ He was arguing against the relentless pursuit of profit and the imperative to grow a business without consideration of other imperatives.

The problem with capitalism is not capitalism per se, but greed and the disregard for social needs and justice. Why do Americans pay more for pharmaceuticals than citizens of every other advanced economy? Why does Congress refuse to allocate funds to the IRS so that it could evaluate the lengthy tax returns of large companies and billionaires? How can a wealthy President who earns 450,000 dollars per annum pay only 750 dollars for each year he served in office? A disabled person on SSDI who takes on a part time job to pay her rent, pays more taxes than the President of the United States. There are solutions already offered for these injustices. But the current Republican Party has blocked proposed remedies. Why? The “Grand Ole Party” needs the financial backing of rich donors to finance campaigns. Is this the fault of capitalism? Or is it the result of America never realizing the promise inherent in our revolution against authoritarian rule, specifically, that we are all “created equal” and entitled to the same rights and opportunities.

Perhaps we Americans need to redefine the “pursuit of happiness” in terms outlined in the Preamble of our Constitution where our union as a people must be governed by law and committed to defend each other against all enemies within or without and as a nation must be defined in terms of justice, domestic tranquility, the general welfare, and the assurance of liberty for ourselves and our posterity. That union implies a community aligned with common values and steadfast in defending those values and each other. Not even Tocqueville could foresee the community America could become since his “Anglo-American civilization” never associated religious and political values with a pluralist society of mixed races, genders, and ethnic groups from every continent in the world. And yet pluralism is the only realistic denominator of present-day America, a possibility our founding fathers chose to overlook, but a reality we must now face.

Often the idea of America as a melting pot for diverse people serves as a simile for a new world order of diverse states. The United Nations is an iconic symbol for that new order, along with the post-war creations at Bretton Woods that included the International Monetary Fund (IMF), the World Bank, and the General Agreement on Tariffs and Trade (GATT). Unfortunately, the American ideal of globally interconnected democratic states cannot be achieved via financial hegemony. It remains true that the long-sought post World War II strategic balance amongst competing nations has been tilted in favor of the American dollar. International banking and corporations do rise and fall on a tide of greenbacks. As the 2008 Great Recession demonstrated, the world economy also rises and falls with the integrity of America’s financial institutions. Is free enterprise itself then a threat to democracy, or just its American embodiment? Free markets and fair international banking rules should guarantee a financial order that is both free and equitable. But the ideal here assumes wealth creation benefits all, from the banker and corporate magnates to every employee, customer, and auxiliary participant in the global marketplace. Clearly, that benefit has never been realized, most clearly not even in America. Trillions of dollars of oil, metals, and rare substances have been extracted from impoverished countries. The sole beneficiaries are rich capitalists and the few rich nations that support their enterprises. Perhaps it is time for a new world order, one that has learned from Bretton Woods’ shortfalls.

But America could truly be a world leader if it constrained capitalism to serve its whole population fairly, without disproportionately aggrandizing the rich. Fairness means fair wages, equal treatment before the law, taxes scaled proportionally to earnings, and support for communal benefits such as public education, medical health services, and regulations that generally serve the health and safety of all members of the community. Capitalism can serve the wealth creation of a community, but not when it monopolizes its profits exclusively for the exorbitantly rich. The value of wealth can only be measured by whatever benefit it brings inclusively to every individual, all communities, and the whole of society. Assessing that benefit in terms of its human value excludes excessive hording, cheating, grifting, and swindling.

Without doubt, America has many exceptional achievements as the oldest democracy in history, as a very rich nation with a world leading GDP, and as a leader amongst the community of nations. And we, the American people, are responsible for these achievements, just as Europeans are, for their incredible recovery after a world war. But many of us just accept the words “American exceptionalism” without question, thereby avoiding any responsibility to either define them or apply them to our lives. And our politicians peddle “American exceptionalism” because they want to be re-elected. They believe an unspecified American ideal can serve as a campaign bromide. Unfortunately, an idealism unlived and a vast wealth inequitably realized do not make America exceptional. Therein is a truth Americans must confront.

Although that truth is harder to accept, it is empowering when acted upon. First, we Americans must admit the fact that our democracy was flawed at its outset by a failure to address or even admit the pluralist nature of the population that inhabited this continent. Our forefathers not only committed the genocide of the indigenous peoples, but their subsequent generations deliberately failed to recognize the treaties negotiated with the Indian Nations. Further, our founding fathers drafted the Constitution without any recognition of the Negro slaves that had served the settlers for 167 years as beasts of burden. “All men are created equal” and “we the people” become just meaningless mirages—unless we convert those aspirations into reality. Until we see through this fog of self-deception, we will never overcome the stain of slavery, understand the intent of those ideals/aspirations that founded our nation, or align with those who march under the banner of “Black lives matter.” Secondly, we Americans must admit that the nation’s GDP and stock indices do not account for the nearly 50% of our population living near or below the poverty line. And that admission blows away the myth of economic exceptionalism. In its place, we find political charlatans who run up an 8 trillion-dollar debt to reward the wealthiest among us at the expense of every taxpayer in America (reference: the Trump tax cut for the wealthy and corporations). The same politicians now refuse to roll back their largesse for the wealthy to fund paid family leave or childcare or preschool for working class families. But they will gladly pay a trillion or more to bail out a recession-driven economy that speculators or financial wizards will inevitably create in their wake as they bet with other peoples’ money to enhance their own wealth.

Have you noticed that most analyses of the American economy and the composition of our population are broken down into numbers, most often percentages? If I can steal a quote from Martin Buber, these analyses fall victim to a “ghostly solicitude for faceless digits.” Certainly, I’m part of the digital age and have realized its benefits. But a democracy depends on its representatives and on communities of people. And people do not exist as numbers or percentages, but they do form communities and live in relationships with each other. Those relationships form us from childhood through the rest of our lives. Why would we choose to isolate ourselves from relating to humans with different color skins, ethnic backgrounds, or gender identities? The more encounters we have with people “not like us,” the more opportunities to relate to the basic mystery of our own humanity. Also, those encounters naturally dissolve the fear of others “not like us.” Such encounters develop a shared reality and the flowering of human compassion. In this manner, human communities can form, and a democracy can arise where people care for the needs of each other. Only a narcissist exists alone in his/her own make-believe world, devoid of compassion for others. Such a person exists only for his/herself and represents the extreme of selfishness.

We Americans must begin to remove the barriers that divide us—whether they are information sources, physical separation, the digital divide, or angry demagogues. We Americans can be better citizens in the kind of democracy that assures equality and opportunity for all. We just need to care for each other, which means to work and vote for the America our founders imagined. Only we can make that American dream a reality.

Let me conclude with two questions:
(1) Can democracy survive where capitalism is primarily and unrestrainedly benefiting the wealthy?
(2) Can democracy survive in a pluralist society where racial/ethnic groups are marginalized?

I pray for the day that all my readers will have unhindered opportunity to pursue their interest/occupation and be treated equal before the law, at the ballot box, and in the exercise of all the freedoms and rights guaranteed by the Constitution to which we all pledge allegiance.

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¹ Alexis Torcqueville, “Democracy in America,” Volume 1, Easton Press, PP. 39-40.
² Henry Adams, “The Education of Henry Adams,” Easton Press, p. 462. (Henry Adams was the friend of Presidents and the great grandson and grandson of two Presidents, respectively.)
³ Zachary Karabell, “Inside Money: Brown Brothers Harriman and the American Way of Power,” Penguin Press, p.308
⁴ The actual figures provided by the Federal Reserve after the first quarter of 2021 indicate that the top 1% own 31% of the nation’s wealth. The overall wealth breakdown for the United States is 69% of the nation’s wealth is owned by the top 10%, leaving the remaining 31% for the vast majority working-age Americans.
⁵ Karabell, in loc cit., p. 409.