Is War in Europe Inevitable?

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

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

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

The Queen is Dead, Long Live the King

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

 

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

 

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

 

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

 

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

 

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

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

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

What is American Democracy’s Fate?

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

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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 Present Moment

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

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

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

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

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

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

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

For now, you live in eternity.

 

____________________________________________

AJD, 7/16/2022

The Supreme Court: A Bulwark of Liberty

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

 

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

 

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

 

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

 

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

 

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

  ____________________________________________________________

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

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

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

⁴ Breyer, Ibid., p.15. 

 

I Am the World, Or I am Not

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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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.

Ukraine Crucified Will Rise Again

One man wielded the self-proclaimed power of a czar and claimed Ukraine as his vassal. Its resistance he condemned to a slow and inhuman death—restricted in movement and tormented in the throes of death. And he attempted to drive a sword through its heart, the nation’s capital. Within three days he anticipated Ukraine permanently entombed under his military boot.

But no man can kill the human spirit. Ukraine has risen from its death sentence. The heart of its people beats louder than ever. Ukraine will outlive its tormentor. Generations of Ukrainians will celebrate its rebirth as a great nation. And the people of the world will have witnessed the power of the good to vanquish evil. In some measure, Ukraine will have restored the hope that the brokenness of humanity is reversible. Ukrainians will have risen from their war-shattered towns and cities to provide a future for their posterity—namely, the inheritance of a great people. And, in that heritage is yet hope for us all.

“Night shall be no more . . . for the Lord God will shed light upon them; and they shall reign forever and ever.” (Apocalypse 22:5)

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Happy Easter, Passover, Ramadan!

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.