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Part I: The Economy.
1) Every modern, prosperous, developed nation on Earth, without one single exception, has a large administrative infrastructure and has had a large administrative infrastructure in place since prior to participating in the historically unprecedented post-WWII expansion in the production of prosperity. Every single nation on Earth that lacks a large administrative infrastructure is an impoverished nation. No nation without a large administrative infrastructure has ever achieved post-WWII levels of prosperity and economic development. The claim, then, that such a large administrative infrastructure, which the far-right refers to as “socialism,” is incompatible with prosperity, is the precise opposite of what the empirical evidence suggests: It appears to be not only compatible with prosperity, but absolutely indispensable to prosperity.
2) Economic theory and empirical observation make clear why this is so: Due to the consequences of “transaction costs” (the costs of market transactions, such as gathering information or organizing interested parties to act as single market actors in public goods scenarios), government involvement in the modern market economy is a vital component of a robust and well functioning economy, and its absence ensures that centrally located market actors (who benefit from “information asymmetries”) will game markets to their own benefit and to the public’s often catastrophic detriment. The government helps to reduce transaction costs by investing in infrastructure and human capital development that involve a combination of high immediate costs and very long-term though extremely high benefits that is not conducive to reliance on private investment.
3) In the immediate wake of the implementation of New Deal policies, we had four years of historically unprecedented GDP growth, that only declined again immediately after budget hawks similar to the American far-right today pushed through a more conservative fiscal policy.
4) What finally ended the Great Depression and set the country and world on the most dramatic expansion of prosperity in the history of the world was the most massive public spending project in world history : WWII, in which the United States ramped up its industrial engine by producing enormous quantities of sophisticated heavy military equipment that was conveniently destroyed as fast it could be manufactured, demonstrating that even unproductive production can stimulate an economy, suggesting how much more economically beneficial investment in infrastructure can be.
5) Our period of greatest economic growth (the 1950s and 1960s) was also the period of our highest marginal tax rates, when we did, in fact, make massive investments in infrastructure (such as our interstate highways system) and scientific and technological research and development (such as the space program and the government sponsored advances in computer technology, both of which generated a plethora of economically enormously beneficial developments).
6) In the immediate wake of the stimulus spending by the Bush and Obama administrations, declining GDP turned to growing GDP and an accelerating rise in job losses turned into a decelerating rise in Job losses, literally turning the corner from the deepening collapse authored by eight years of Republican economic policies to gradual recovery within months of the resumption of a Democratic administration and sane economic policies.
7) Virtually no economists, liberal or conservative, recommend fiscal austerity during an economic contraction, and yet Tea Party lunatics, drenched in the false belief that a long-term deficit and debt problem is an immediate crisis, insist on policies that virtually every economic model shows actually INCREASES our debt while crippling our economy.
8) The overwhelming majority of professional economists do not agree with the Tea Party economic paradigm, and The Economist magazine called it “economically illiterate and disgracefully cynical.” 80% of American economists in a 2008 survey favored Democratic Party over Republican Party economic policies (and that was BEFORE the rise of the Tea Party!).
9) The Tea Party Congressional faction famously blackmailed the country with fiscally and economically nationally self-destructive default on our financial obligations (by threatening to refuse to raise the debt ceiling, which has never before been contentious and in most developed countries is automatic), in order to secure continuing tax cuts for the wealthiest Americans which even conservative economists called “indefensible.” Even though this catalyzed a damaging downgrading of our national credit rating, they seem poised, in 2013, to repeat the same self-destructive and irresponsible behavior.
10) The two greatest economic collapses of the last 100 years in America were both immediately preceded by the two highest peaks in the concentration of wealth in America in the last 100 years (in 1929 and 2008, respectively), both of which followed a decade or more of the kinds of “small government” policies favored by the right today. Following the 1929 collapse, we learned from our mistakes and used government to create a more sustainable economy. Following the 2008 collapse, the far-right has continued to try to inflict continuing economic harm on the nation, insisting on continuing the same policies which caused the economic collapse in the first place.
11) Yet despite these many compelling facts, those on the far-right not only continue to believe what is contradicted by reality, but are 100 percent certain that their ideological dogma is the indisputable truth, and are smugly dismissive of those who disagree with them.
Part II: The Constitution and the Foundational Values of the Nation.
1) The Constitution was drafted and ratified to strengthen, not weaken, the federal government, after ten years of living under the toothless Articles of Confederation. “The Federalist Papers,” a series of op-ed arguments for ratification of the Constitution written by Madison, Hamilton, and Jay, largely made the case that an adequately empowered and centralized federal government was essential to the viability of the new republic. (“Federalism” was originally used to designate the political doctrine favoring a strong federal government, but has been converted by the modern right-wing to refer to the political doctrine favoring a weak federal government.)
2) Despite the frequent refrain that government taxing-and-spending is an act of federal tyranny and “unconstitutional,” the fact is that Article I, Section 8, Clause 1 of the United States Constitution grants Congress the unqualified power to tax and spend in the general welfare, the Constitutional provisions limiting that power being the ones that define our electoral process, by which we the people get to decide, through that process, whether our representatives’ interpretation of “the general welfare” is one we the people agree with. So, if “socialists” vote in a “socialist” president who taxes and spends to provide universal healthcare, or to address issues of poverty or disability or other acts of humanity as a people, that is not unconstitutional, it is not an infringement on anyone’s liberty, it is not an abuse of federal power, but is, rather, Congress doing exactly what it was empowered to do.
3) While claiming to be the great defenders of the Constitution, right-wingers are in fact the great antagonists against the Constitution, because they reject the process by which we have resolved disputes over constitutional interpretation for over two centuries (Judicial Review) and fight to reduce the Constitution to a meaningless Rorschach Test which each ideological faction claims to support whatever that ideological faction favors, thus destroying the Constitution as a functioning document.
4) While pretending to be the great bulwark against tyranny, they in fact pose the greatest threat of tyranny and against our rule of law, by insisting that they are prepared to overthrow the government if they disagree with it, and by insisting that their “liberty” requires that we siphon political economic power away from our constitutionally and democratically constrained government organized to serve the public interest and into large private corporations that are not constitutionally and democratically constrained and are organized to serve the interests of the few who own the most shares rather than of the public in general (a transferal of power to corporate interests which is essentially the definition of “fascism”).
5) The claim to be the true representatives of the will and spirit of the Founding Fathers is almost the diametrical opposite of the truth, for several reasons. For one thing, the “Founding Fathers” did not have one simplistic ideological “will” that could be so easily represented. Ben Franklin, for instance, believed that all private wealth beyond that necessary to maintain oneself and one’s family in modest fashion should revert to the public “by whose laws it was created,” by means of very high luxury and inheritance taxes. Thomas Paine believed in redistribution of wealth, through the agency of government, from the more wealthy to the less wealthy. Alexander Hamilton believed in a very strongly centralized federal government. The two things that bound our Founding Fathers together and that, in the final analysis, they universally agreed on is that people can and should govern themselves through the use of their own reason and in service to their shared humanity, and that compromise was an essential tool in doing so, two things that the modern far right most vigorously rejects. In other words, the far right, by idolizing caricatures of the Founding Fathers, does the opposite of emulating them as rational and humane people striving to create an ever-more rational and humane society.
6) While power has indeed shifted from the states to the federal government over the course of our history, at the same time (and in part by that very mechanism), real protections against the potential tyranny of government have grown far stronger than they were even at the time of the founding of the nation, when states’ rights were paramount. As stated above, the first major step in that direction was the Constitution itself, replacing the toothless Articles of Confederation with a federal framework with a strong federal government.
Supreme Court Chief Justice John Marshall, at the beginning of the 19th century, made another step in that direction, instituting the doctrine of “judicial review,” which gives the Court the last word in legal and constitutional interpretation, thus ensuring that our short and ambiguous founding document has, for functional purposes, a single unambiguous interpretation that we accept as a matter of law.
The next major step was the Civil War, which increased federal power to protect the rights of individuals (in this case, slaves) from the oppression of more local (state) governments and private property owners. The New Deal nationalized our sense of economic purpose and shared fate, and our participation in WWII took that spirit abroad and ramped up our economy even further. The Eisenhower administration taxed and spent with impunity, and put in place an enormously beneficial infrastructure which led to decades of historically unprecedented growth. The Civil Rights movement, Court holdings, and Civil Rights and Voting Rights Acts all continued the use of the federal government to protect individual rights against state and private violation. Kennedy used the federal government to land a man on the moon, increasing our technological prowess in ways that have also been highly beneficial. And, finally, the federal government was instrumental in the development of information technologies which have created enormous prosperity.
In the meantime, the Civil Rights amendments to the Constitution and the Court’s interpretation of the Bill of Rights have led to an extraordinary extension of our liberties and of the vigor of their protection. The Bill of Rights came to be applied as a bulwark against state and local as well as federal intrusions of individual rights and liberties. The provisions came to be read with increasing rigor, requiring ever greater due process protections (which the faux-liberty-loving right have generally opposed with equal vigor), discovering a penumbra “right to privacy” that isn’t actually explicitly stated in the Constitution, and, in general, providing ever increasing protections for individuals against governmental exercises of power.
But rather than rejoice in this advance of liberty and prosperity, the right imagines that any intrusion on private property interests and their hoarding of private wealth is the real affront to individual liberty and human rights, just as their slave-owing ideological forebears did.
Part III. Morality, Humanity and Self-Congratulatory Historical Revisionism.
1) Right-wingers dismiss the plight of the poor, most of whom work long hours in low-paying jobs, as a function of their own defects and laziness, and insist that it is morally unacceptable for us as a society to assume any shared responsibility to address social issues such as poverty, hunger, homelessness, the special needs of the disabled, and unnecessary and unjust human suffering in general.
2) They do so despite the fact that every other developed nation on Earth has done a far better job than us of reducing poverty, reducing economic inequality, and reducing the myriad social problems associated with poverty and economic inequality.
3) They revise history so as to define every historical movement that is now broadly condemned to have been “left-wing movements,” such as their conversion of Nazism –a political ideology and regime which hated communists, labor unions, intellectuals, journalists, the poor, and “foreigners” living within the country, favored policies which concentrated wealth and power into constitutionally and democratically unconstrained corporate hands, and relied on an ultra-nationalism stoked up with lots of jingoism and “patriotic” rhetoric and imagery– into a left-wing movement, and their main argument why this is so is because “National Socialism” has the word “Socialism” in its name (much as the German Democratic Republic, or East Germany, a Soviet client state, must have been a Democratic Republic, since it’s right there in the name, right?).
4) They revel in the (accurate) facts that the Republican Party freed the slaves while the Democratic Party was closely associated with the KKK, always implying that that alignment continues today. They neglect to mention (or recognize) that, in the wake of The Civil Rights Act of 1964, which LBJ (a Democrat) was as closely associated with as Obama is with The Affordable Care Act (“Obamacare”), southern whites (and northern white racists) abandoned the Democratic Party en masse and migrated to the Republican Party, which is why implicit and explicit racism now resides almost exclusively in the Republican Party, with the map of Tea Party strongholds closely corresponding to the map of the Confederacy, and with so many Tea Party policy positions containing so much implicit racism (e.g., voter suppression laws, opposition to any form of affirmative action, hyperbolic disdain for the first African American president, contempt for Latin American migrants, etc.).
Part IV: Guns, Violence, and a Reactive rather than Proactive Society.
1) The United States has the second highest homicide rate among 36 OECD nations (beaten only by Mexico, which “benefits” from a constant flood of our firearms crossing the border to fuel their problem), from 2 to 25 times the homicide rate of 33 of the 35 other OECD other nations.
2) In both domestic comparisons of homicide rates across all jurisdictions and cross-national comparisons of homicide rates in developed countries, there is a positive correlation between per capita legal gun ownership and homicide rates.
3) The overwhelming majority of firearms used in the commission of crimes in The United States are put into circulation by initially being legally purchased in those states with the laxest regulations, and entering the black market from there, through which they are distributed to all locales in the country due to the complete absence of any obstructions to the transportation of good across state and municipal borders.
4) As a statistical fact, a legally, privately owned firearm is many times more likely to be involved in EACH of the following than to be successfully used in self-defense: suicide, accidental shooting death, mistaken shooting death (not an accidental discharge or hunting accident, but an intentional shooting at an innocent person mistaken for an intruder or a threat), crime of passion and use as part of a cycle of domestic violence.
5) As a statistical fact, a firearm in the home has a greater likelihood of being the instrument of death of a member of the household or of an innocent visitor than to be used in self-defense, and the owner of a firearm is more likely to be the victim of gun violence than a non-owner of a firearm.
6) We, as a nation, have the highest absolute number and highest percentage of our population incarcerated of ANY nation on Earth, making us in a very literal sense the least free nation on Earth.
7) This high incarceration rate is in part a function of a right-wing retributive orientation, which believes that the world is neatly divided between the “good guys” and the “bad guys,” and that if the good guys are just better armed against the bad guys, and lock the bad guys up or execute the bad guys, we’ll be a more peaceful and law-abiding society as a result.
8) The right, in other words, believes that the more we threaten one another –with decentralized deadly violence, with incarceration, with capital punishment– the more we will reduce violence against innocent victims, despite the empirical evidence that the opposite is true.
9) When an unarmed black teen walking home from the store (Trayvon Martin) was shot to death by an armed vigilante out looking for people to “defend” himself against (George Zimmerman), the right tried to dismiss this as irrelevant to the question of whether being an armed society of fearful and angry people out looking for people to “defend” themselves against is really such a good idea. They insisted that if it was legally self-defense in the moment of the use of deadly force (as it may or may not have been), then there can be no basis for criticizing the policies and ideology that encouraged the creation of the need to use deadly force, neglecting to recognize the fact that the entire encounter was a function of Zimmerman choosing to go out with a gun and look for people to “defend” himself against, and neglecting to notice the implications of his choosing to “defend” himself against an unarmed black teen walking home from the store. Following this incident, numerous right-wing posts on Facebook showed “scary” black criminals as some kind of a justification for whites going out with guns, pursuing unarmed black teens, and shooting them to death.
10) Those societies that have a more proactive and less reactive orientation –that recognize that we affect the propensity and ability to commit violent acts by the cultural milieu that we create together, that recognize that taking better care of one another and providing more social justice and less destitution, and making access to instruments of deadly violence less rather than more easy , by reducing the flood of instruments of deadly violence and the idolization of instruments of deadly violence which in part define our society— have far lower rates of deadly violence than we do, far lower rates of incarceration, far lower rates of poverty and other social ills, healthier and (according to self-report survey studies) happier populations.
11) Unfortunately, the far-right in America insists that to recognize our interdependence, to be an aspirational and hopeful rather than fearful and angry society, to be proactive and caring rather than reactive and retributive, would be an affront to their “liberty,” and thus opposes such progress in an obviously preferable direction, a direction which is more humane and productive and life-affirming.
Part V: Their Ideology’s Historical Predecessors.
1) The abuse of the concept of “liberty” to mean the liberty to benefit disproportionately from an unjust system which results in a grossly unjust distribution of wealth and opportunity, the identification of the federal government as a threat to that “liberty” and a tyrant because of it, is an ideology that has existed as long as our country has existed.
2) This conflation of the concepts of “liberty” and “property,” and the related reduction of “liberty” to a socially irresponsible license to exploit and oppress others for one’s own benefit, was originally the ideology of Southern Slave owners, who insisted that their liberty to own slave was being threatened by the tyrannical federal government, an ideology explicated in John C. Calhoun’s “Union and Liberty,” in which he argued that the “minority” (southern slave owners) had to be protected from the majority who were trying to infringe on their “liberty” to own slaves.
3) It continued to be used by Southern Segregationists, who argued that any attempt to end Jim Crow and ensure the civil rights of discriminated against groups would be an infringement on their freedom.
4) In fact, when LBJ was instrumental in the passage of the Civil Rights Act of 1964, the result was the movement of racists from the Democratic Party to the Republican Party, where they now reside.
5) Rand Paul said that he would not have been able to support the Civil Rights Act of 1964. The abolition of slavery (even to the point of having to use years of military force) and the passage of laws protecting African Americans and others from discrimination in the public sphere were both federal governmental exercises of power.
6) The Right currently favors Jim Crow-like voter suppression laws based on a discredited pretext, dismisses as irrelevant the shooting death of an unarmed black teen walking home from the store by an armed vigilante out looking for people to defend himself against, opposes laws which address a historical legacy of an inequality of opportunity in America which disproportionately effects those categories of people who have been most historically discriminated against, speak in words and tones highly reminiscent of our nationally embarrassing McCarthyist witch trial era, and, in general, demonstrate that they are simply the current incarnation of an old historical perennial.
7) When confronted by those who disagree with them, people they constantly vilify and refuse to engage in any constructive national discourse with, they react with great hostility, their primary argument generally being that the act of presenting the factual and logical and moral errors in their ideology to them is an insult that cannot be tolerated.
Part VI: Their Short-Sighted, Socially Disintegrative and Globally Destructive Ideology.
1) Those on the far-right dismiss as a bastion of liberal bias precisely those professions that methodically gather, verify, analyze and contemplate information, thus insulating their dogma from any intrusion of fact and reason. (It’s no wonder, then, that only 6% of American scientists self-identify as Republican, and only 9% as conservative, compared to 55% as Democrat and 52% as liberal. 14% identify themselves as “very liberal,” over 50% more than those who identify themselves as merely “conservative.)
2) By doing so, they are able to dismiss scientific insights into the potentially catastrophic impact we are having on global natural systems through our unchecked accelerating exploitation of Nature in service to our immediate appetites and avarice, an exploitation which is converting us from fellow symbiotes in a sustainable biosphere into deadly parasites killing the host on which we are feeding.
3) Consistent with the general tone and tenor of their entire ideological package, this rejection of methodological thought and short-sighted commitment to immediate self-gratification, at the expense of others, at the expense of our planet, at the expense of our future, is an expression of a primal unmindfulness rather than the more mindful engagement with the world that we are capable of. It is a vestige of primitive inclinations rather than a progress into a more fully conscious existence on this planet. It is the rejection of the shared human endeavor that had begun to define us, a shared reaching for what we are capable of creating together, a shared commitment to reason and humanity.
Conclusion.
This is, of course, a very partial list of the logical, factual, and moral fallacies that define the modern Far-Right. It is a single folly comprised of innumerable dimensions, including the failure to invest in children and families and communities, to value the health and welfare of our population, to have compassion and respect for those who migrate towards opportunity and do our hardest and least pleasant jobs for us for the lowest wages. It includes the disdain for gays and lesbians and transgender people, for Muslims and atheists and all those who differ in any way which triggers any number of deep and hateful bigotries. It includes the movement for an American Theocracy similar to those in the Middle East, in which Fundamentalist Christians strive to turn the state into a vehicle for their tyrannical religious fanaticism.
All of these multiple dimensions of far-right-wing folly and barbarism are part of a single, coherent package, an ideology of fear and hatred, of a variety of in-group/out-group biases and bigotries, an ideology which insists that we must not govern ourselves in ways which promote human welfare but only in ways which react brutally to the failure to do so, an ideology which eschews more effective and less costly preventions in favor of less effective and more costly reactions to problems left to fester and grow. It is an ideology which refuses to allow us, as a society, to invest in our future, to recognize our interdependence and our responsibilities to one another as human beings, and to work together intelligently and humanely in service to our collective welfare.
They’re on the wrong side of fact, the wrong side of reason, the wrong side of morality, and the wrong side of history. And they’re smug about it. We, as a nation and a world, do need a moderately conservative voice to be a vital participant in our national dialogue, but we all need to subordinate such ideological leanings to a shared commitment to being rational and humane people, wise enough to know that we don’t know much, working together to do the best we can in a complex and subtle world. While all of us fall short of that commitment to some degree and at some times, when factions form that demonstrate a consistent determination to be the diametrical opposite of rational and humane participants in a shared national endeavor, those factions become the problem we must solve rather than participants in our effort to solve it.
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(The following was in response to a right-wing poster who had “steam coming out of [her] ears” over some left-wing commentator suggesting that “conservative values” was code for racism. She ended by saying that “we have to take back this country, or we are screwed!”)
You’re right Susan: “Conservative values” isn’t code for racism; “taking back this country” is.
The United States was born with slavery, fought a Civil War to get rid of it (against people who adhered to a very strong “states’ rights” political philosophy, much like a certain political faction of today), then endured another century of Jim Crow, which was abolished in a Civil Rights Movement confronting a new version of that extreme “states’ rights” perspective (much like a certain political faction of today), and has since fought an uphill battle to address the social injustices that remain embedded in our political economy, against a faction which clings to a strong “states’ rights” philosophy.
Or is it “liberty”? A great antebellum statesman wrote a tome called “Union and Liberty,” about the threat of federal tyranny to the liberty of minorities. His name was John C. Calhoun, the minority he was concerned about was southern slave owners, and the “liberty” that was being threatened was their liberty to own slaves. There’s a long tradition in America of using the word “liberty” to mean preserving the advantages of the few at the expense of the many.
You doubt that that’s what today’s use of the word means? Do you know the two peaks in the last century of the concentration of wealth, the inequitable distribution of wealth and opportunity? I’ll give you a hint: Both dates are notable for being immediately followed by the two largest, catastrophic economic collapses of the last century. And both dates are also notable for following a decade or two of the ascendance of a notion of “liberty” which favored unregulated, unchecked, predatory redistribution of wealth from the middle class to the extremely wealthy. Those two dates are 1929 and 2008.
And from whom, exactly, are you “taking the country back”? Blacks (except for the few who have become exactly like you)? Hispanics? Gays? Muslims? I see conservative threads insisting that every act of Sharia law somewhere in the world, or every court respecting the free exercise clause of the United States Constitution (which conservatives revere by crapping all over), is proof that we’re being taken over by it. And the uber-lame argument is that Islam isn’t REALLY a religion, but rather a plot for world conquest, which distinguishes it from Christianity by being spelled with fewer and different letters.
Probably the most infamous racist movement in 20th Century world history was one in which a whole country spiralled down into a belligerent hysteria over a group perceived to be “foreigners” living among them, who needed to be rounded up, detained in unpleasant detention centers, and removed, in order to preserve the purity of the nation. And it’s also well on its way to being an infamous racist movement of the 21st century, across an ocean and among people who take offense at being called “racist.”
Yeah, you keep right on “taking the country back,” because we sure don’t want it stolen by all of those “others.” Right?
Yeah, I get it. You mean “take it back” from the “socialists.” The people who helped ensure that the United States Constitution empowered Congress to tax and spend in the General Welfare (you know, the Founding Fathers?). The people who 80 years ago started to put into place the administrative structure and welfare state that has formed a part of the foundation of every single country that partook of the post-WWII explosion in prosperity. The people who passed an overdue Civil Rights Act that established that “liberty” and “property” don’t mean the right to discriminate against people on the basis of their race (a law that Rand Paul said he wouldn’t have been able to support). You want to take America back from the Americans who founded it, who fought for it, who have molded it, and who are it. That’s not “taking it back.” That’s just “taking it.” And we’re not going to let you.
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(Opening scene: Angels, represented by twinkling stars, are talking about a troubled soul on Earth. They review this soul’s life, and the circumstances that led to its present attempt to kill itself….)
It was conceived with great hopes in a simpler time, by a variety of generous parents, and a few original sins. England (via the British Empire), in which modern democracy developed; The Enlightenment, characterized by a fluorescence of rationalistic philosophy; a wide-open new land, with an easily displaced indigenous population; abundant imported and domestically bred slave labor. It developed a grandiose vision for itself, one comprised of the somewhat incompatible memes of ‘manifest destiny’ and champion of liberty, and an exaggerated faith in its own exceptionalism.
But, as often happens, life presented unforeseen challenges which diverted this soul, the sovereign American People, from its youthful dreams. It gradually was forced to confront its original sins, brutally divided by one of them. Innovations complicated the landscape in which its dreams had been formed. It had to cope with a world comprised of other people with interests of their own, people less convinced of the benevolence of this powerful and self-interested nation than its own populace persistently was (rather too conveniently).
But despite this diversion from its original dreams, it was the same soul, peforming many good deeds, more often born of pragmatism than idealism, that were not always part of the original plan. It grew to address a changing world, doing what needed to be done to increase the welfare of those who depended on it. It intervened in its parent-continent when brutality racked the latter’s fields and towns, and then watched that continent, unencumbered by youthful dreams, combine the best fruits of their child’s aspirations with the reduced purism that comes from maturity.
But something in the people clung to the purity of youthful dreams, sulking with resistance to adulthood’s demands, an error that sometimes characterizes idealistic youth. Just at the point when both the people and their government were on the verge of following the mature wisdom of moderation and adaptation, the oversimplistic idolater within, childish and narcissistic rather than noble and generous, rebelled, and rent this national soul in an internal conflict over whether mature moderation would prevail, or childish purism.
It rebelled in a moment of crisis, a large faction of the people chanting the mindless refrain, “Government is not the solution, it’s the problem! The world would be better off without this government we’ve allowed to grow and grow, displacing the purity we had believed in and tried to implement in our youth! We would be better off if we had not allowed the lessons of life to adapt those youthful dreams to the demands of reality!”
And so this soul’s guardian angel decided to show it what the world would have been like without that modern government it now wished dead….
“First,” the angel said, “let’s look at what your country and world would have been like had you not further amended the Constitution after the Bill of Rights.
“Slavery would not have been legally abolished by the 13th Amendment, nor Congress empowered to enforce its prohibition.
“The 14th Amendment’s transformation of the legal framework of the country would never have occurred. The Dred Scott Decision, which held that no African American, whether free or slave, was an American citizen, would have remained the law of the land. The states’ exemption from the Bill of Rights, a document originally interpreted to limit only the federal government’s intrusion on state and individual rights, would have persisted, and the protections of the Constitution would have continued not to apply to or restrain state and local governments in any way. African American slaves would have continued to be counted, legally, as 3/5 of a human being.
“The 15th Amendment’s legal guarantee, not to be effectively enforced for a century more, that all citizens, regardless of race, have the right to vote, would not have come into existence.
“The 17th Amendment’s increase in direct democracy, by shifting elections for U.S. Senators from the state legislatures to the people of the state, would not have happened.
“Women might still be denied the vote in some states.
“The increased tardiness and unevenness with which the United States would have dealt with these morally enervating issues would have reduced the human capital of the nation, delaying its fuller liberation and development longer, if not, in some places, indefinitely. It would have been a less innovative country, and a less inspiring one to other nations. Resentments would have grown even stronger, divisions even deeper, the problems bred by these defects even more inextricably embedded in the fabric of your society. Those who later depended on the United States as a beacon of liberty would see only a quagmire of exploitation and oppression, either lagging even farther behind the finally pacified continent across the Atlantic it continually claimed superiority to, or, by not being a strong enough nation to lead, leaving the world into a downward spiral from which it couldn’t escape.
“The world would have been a very different place indeed had the United States not become what it became. And while there are those in the world who think that would have been a good thing, sometimes with considerable justification, it most certainly wouldn’t have been a good thing for America, nor, all things considered, for global peace and prosperity.”
“Oh, Angel,” the suicidal faction groaned condescendingly. “First of all, most of us don’t object to Constitutional Amendments, but rather to other increased exercises of federal power without recourse to such amendments. And second of all, many of these things would have come to pass by the choice of individual states, without the federal government imposing them on the states.”
“Slavery wasn’t going anywhere, anytime in the foreseeable future, without the legal and military coercion of the federal government,” replied the angel. “The gradual incorporation of the Bill of Rights into the Fourteenth Amendment by successive Supreme Court decisions, which continued into very recent times (because state and local governments were not universally committed to protecting those rights), would not have occurred, and those states would remain free to disregard those protections. We see even today how fragile those protections are, at the hands of those who claim most respect for them, in the repetition of the refrain that granting due process to those suspected of certain crimes (e.g., terrorism) reduces the rule of law, a chant that is phenomenally ignorant of what the term ‘rule of law’ means in a Constitutional republic (hint: ignoring it out of convenience, in order to increase conviction rates, no matter how heinous the crime, is the exact opposite of what it means).
“As for your other concerns, about increased exercises of federal power not granted by Constitutional amendments, follow me….”
The angel then said, “let’s look at what your country and world would have been like had you not had a strong federal government to hold the country together, pursue its collective interests, and impose its core values on its constituent parts (leaving aside for the moment the issues of so-called ‘activist courts’ and of the rise of the ‘administrative state’).
“It took a strong federal government to end slavery and hold the union together during and after the Civil War. A century later, it took a strong federal government, complete with National Guard, to enforce court-ordered desegregation. And it took a strong federal government to pass The Civil Rights Act of 1964, which utilized attenuated Commerce Clause power to prohibit racial discrimination by private owners of commercial institutions.
“It took a strong federal government, captured by the will of the people in a series of populist and progressive movements in the later 19th and early 20th centuries, to rein in ‘the robber barons,’ and redress the biggest disparity of wealth in this country ever…, until today, when we have finally exceeded it. It took a strong federal government to give the country hope during The Great Depression, and, despite the revisionism popular with the far-right today, launch record-setting economic growth in its midst (from 1933-1937), until budget hawks managed to convince to FDR to compromise his policies to their concerns.
“It took a strong federal government to mobilize the country and lead the allies during World War II, and to lead NATO during the Cold War.
“Without these efforts, slavery might still be extant, and, certainly, Jim Crow (American ‘Apartheid’) would still be extant in some regions. The country would have fractured not just into two as a result of the southern cessation, but into multiple tiny republics, neither viable on their own nor of any import on the world stage.
“Mexico and Canada, our more politically, economically and militarily successful neighbors to the north and south (in this alternate reality), probably would have annexed large chunks of what would otherwise have been The United States. European and World History would have been different, possibly with fascism prevailing in Europe and, eventually, threatening the tiny, weak republics across the Atlantic, in what would otherwise have been The United States of America.
“There would have been nothing other than fascist Europe to check Soviet and Chinese expansion, and, it is more probable, given the lack of moral compass of both fascism and Sino-Soviet Communism, that they simply would have arrived at a mutually agreeable division of the world into competing but mutually accommodating and reinforcing tyrannies.
“Without a federal government as strong as this one has been, there would be no ‘United States’ today, certainly no liberties in some regions for those who were deprived them historically, and quite probably a more tyrannical world in general.”
“Next,” the angel said, “let’s look at what your country and world would look like if you had not had an ‘activist’ judiciary interpreting the Constitution in ways relevant to, and adapting to, changing circumstances.” (See http://www.law.emory.edu/fileadmin/journals/elj/58/58.5/Green.pdf for a comprehensive exploration of the concept, including a discussion of why it, appropriately applied, has nothing to do with boosting individual liberty or governmental power, but rather refers to whether the judiciary adheres to the norms of judicial conduct which are its only real restraint.)
“In the conventional, ideologically charged use of the term, all Supreme Court decisions involve ‘judicial activism,’ because those cases that the Supreme Court chooses to hear are precisely those cases that involve unresolved ambiguities, and require judicial interpretation. Therefore, a complete history of the evolution of Constitutional Law, as defined by Supreme Court decisions, is, in a sense, one important slice of the history of ‘judicial activism,’ as the term is commonly used. And without that fully institutionalized form of ‘judicial activism,’ which is coextensive with the doctrine of ‘judicial review’ established by Justice Marshall described below, there would be no enforceable Constitution, no established and coherent rule of law to the extent that there is today in the United States. But rather than write a Constitutional Law synopsis, I’ll just mention a few of the most important cases, that involved perhaps the greatest liberty of Constitutional interpretation on the Court’s part, but without which we would be a nation with far weaker protections of individual liberties and rights than we have today.
“Chief Justice John Marshall established the principle of ‘judicial review’ in Marbury v. Madison in 1803, the first and greatest act of judicial activism in U.S. History, without which there would have been no final authority on what was and was not Constitutional. the lack of such judicial authority would have inevitably undermined the rule of law that, more than anything else, has distinguished the United States. Without the judicially determined Constitutional last word that Marshall successfully instituted, questions of Constitutionality, and thus ultimate legality, would be political footballs to a far greater extent than they already are, overwhelmed by the bickering whims of conflicting ideologies and interests that characterize the rest of political discourse and decision-making. In other words, without this bold initial act of judicial activism, the Constitution would have been an empty promise, and would be referenced today for strictly rhetorical rather than legal support, a non-binding tool for political argumentation. Uninformed lay opinions about what does and does not constitute Constitutionality would be raised to a par with legal analyses and Supreme Court holdings, reducing the Constitution to a meaningless blank slate on which each interest group and ideological camp could impress its own preferred interpretation.
“In Yick Wo v. Hopkins (1886), the Supreme Court held that a facially neutral law that has the effect of discriminating (a selectively enforced San Francisco code restricting licensing for laundries to brick or stone buildings in order to target Chinese laundries which were built of wood) violates the equal protection clause of the 14th Amendment. This decision was not a foregone conclusion: The letter of the law itself didn’t violate the Equal Protection clause, and so the decision can be said to be one of ‘an activist judiciary.’ But had it been more literal in its Constitutional interpretation, the Court would have set the precedent that discrimination is Constitutionally permissible as long as it is done implicitly rather than explicitly.
“In Pennsylvania Coal Co. v. Mahon (1922), the Supreme Court held that a government regulation that essentially deprives a property owner of the value of its property is an unconstitutional ‘taking’ (violating the Fifth Amendment protection of property), and the government must compensate the owner for that loss of value. Again, this is not an automatic ‘strict constructionist’ interpretation of the Constitution, since there is no language in the Constitution which addresses loss of value due to government regulation. However, those most adamant about the ills of ‘judicial activism’ are generally also those most likely to concur with this holding. In the absence of the judicial activism of the Court in this case, private property rights would have been more, rather than less, vulnerable to government intrusion.
“Brown v. Board of Education (1954) would certainly rate as an act of judicial activism by the ideological definition of that term currently in vogue. It overturned the Stare Decisis of Plessy v. Ferguson (1896), which held that segregation was Constitutional (instituting the ‘separate but equal’ doctrine), holding that ‘separate educational facilities are inherently unequal.’ Brown essentially launched the Civil Rights Movement as we know it today (it gave it its first major victory), a movement whose progress would have been at least slower, and possibly undermined altogether, in the absence of this Court decision.
“The Court also declined to limit Congress’ power to pass The Civil Rights Act of 1964, which used the Commerce Clause to prohibit private owners of commercial establishments from discriminating against potential customers, employees, renters, and buyers on the basis of race. This could easily be considered ‘judicial activism by omission,’ without which we would not have Civil Rights laws protecting minorities against the entire range of private discrimination, such as employment discrimination and housing discrimination.
“In Gideon v. Wainwright (1963), the Court established that the state’s failure to provide counsel to an indigent defendant essentially deprived that defendant of his Sixth Amendment right to counsel. The literal Constitutional right to counsel is not necessarily a right to be provided with counsel, at the people’s expense, but without interpreting it as such, this fundamental right would be accorded only to those who could afford it, and denied to those who cannot, reducing an essential protection of individual liberty to a commodity for sale rather than a guarantee to all citizens. In a world without this protection, the poor would receive even less justice than they do today.
“It’s worth noting here, again, that a series of Supreme Court decisions over the last century and a half have incorporated the Bill of Rights into the 14th Amendment Equal Protection clause, allowing those core protections to be applied to state and local governments as well as to the federal government, an act of ‘judicial activism’ without which states and counties and municipalities and school districts would be largely free to violate the Bill of Rights to whatever extent and in whatever ways they see fit. Hardly a boon to the protection individual liberty.
“Many other decisions could be included in this list, many other basic liberties that depended on an ‘activist judiciary.’ But the sampling above illustrates some of the ways in which our nation would be a very different, and in many ways far poorer place were it not for the role that the so-called ‘activist judiciary’ has played in our march toward increased equality of opportunity and rights, and increased protection of individual liberties.
“Finally,” said the angel, “let’s look at what your country and world would look like without the rise in America of the ‘Administrative State,’ through which to regulate the complex modern economy.
“Without the regulatory agencies that promulgate regulations, conduct hearings and inspections, license facilities, and engage in a complex web of tasks necessary to implement the laws passed by Congress, we would live in a far more insecure and unhealthy environment. Incidents such as the infamous ‘Love Canal’ toxic waste dump beneath a housing developing, causing an astronomical rise in cancer rates, would be the norm rather than the exception. The manipulation of markets, such as those by Enron which caused the California energy crisis of 2000-2001, would be constant and economically devastating. Confidence in investments would plummet, the economy would contract dramatically, and the financial system near-collapse of 2008 (resulting from underregulated financial markets) would be a constant and continuous event rather than a once-in-a-century crisis.
“The absence of the regulatory structure that has developed since the 1930s, and under the Administrative Procedure Act of 1946, would be akin to removing the mortar from between the bricks of the modern economy. The entire edifice would be less securely bound together, more unstable, and more likely to collapse. Those sheltered within it would feel every cold wind that blows through, and storms would whip through it with discomfiting regularity. Market failures would dominate the economy, and health and safety violations would be constant and ubiquitous. Commercial enterprises would know that they could sell toxic and dangerous substances with impunity, recognizing that there is more profit in not paying the costs of avoiding doing so. A major, perhaps completely dominant, economic niche would emerge for those that compete by avoiding such costs, simply changing names and products whenever the slow dissemination of information of the health and safety risks make the old product unprofitable to produce and sell.
“The already underfunded Food and Drug Administration would leave even more food and drug safety responsibility to the companies that have a vested interest in overlooking foreseeable dangers. The New York Times reported (September 28, 2007) that due to defunding, the FDA audits less than 1% of clinical drug trials in the United States. As a direct result we have increasing known cases of pharmeceutical companies fudging results of drug trials, leading to waves of preventable deaths, such as occurred with Propulsid (Johnson and Johnson), Bextra and Celbrex (Pfizer), and Vioxx (Merck).
“Similar stories of the consequences of deregulation and defunding of regulatory agencies can be found in food safety (increasing salmonella and E. coli contamination, even after companies had been asked to address discovered dangers but simply chose not to, a luxury afforded by underregulation), and product safety (such as children’s toys, imported from China, containing lead in seriously toxic quantities, undetected due to underregulation of imports). The more we ‘shrink government’ by reducing regulatory oversight even more than we have already done, the greater the frequency of such incidents will become. In the unregulated paradise that some in America are striving for, life would be, literally, ‘nastier, more brutish, and shorter,’ for thousands if not millions of children, and families, and innocent people just going about their lives.
“While there are some dysfunctional dynamics that lead to the production of laws that are thousands of pages long (e.g., earmarks, and other porkbarrel spending provisions; and controversial riders designed to piggyback on necessary legislation), the main reason is the complexity of the social institutional landscape that those laws are addressing. And those laws, even with their tens of thousands of pages of qualifications and provisions, don’t even begin to anticipate all contingencies, all unexpected consequences, all complexities that will emerge as the law is implemented. For that reason, regulatory agencies are necessary to implement the laws, to address those complexities, to adapt the execution of the law passed in Congress to the realities of the world to which it will apply.
“It is a very information-intensive enterprise, with an amazing amount of very precise expertise embedded in these organizations, able, for instance, to research the precise cancer rates associated with each commercial chemical substance on the market, or incorporated into items on the market; the ways in which these substances move through the environment and contaminate human beings; the probabilities of contamination and of contracting associated diseases from contamination; the fatality rates of doing so; the costs of regulation at each level; the balancing of legitimate economic concerns with legitimate health and safety concerns. It is not a process which leaves the public out, but rather one which, by law, includes the public, and invites public input.
“The same kinds of calculations and processes are required to oversee the use of public lands, the mining of water from aquifers and of minerals from the Earth, the emissions and dumping of toxic substances into the air and water and land; the determination of where to build roads and interstates and how to balance all of the concerns and interests involved; the determination of where to allow coal plants and nuclear plants and other installations to be built; the determination of what kinds of safety devices and scrubbers they require; the oversight of all of these protections and provisions without which we would all be dramatically worse off.
“Our economy has been growing (and continues to grow) in complexity at an accelerating rate. For example, the use of supercomputers programmed with complex algorithms to buy and sell stocks in order to reap gains made in fractions of a second distort the market, caused a freefall several months ago that rattled investors and required shutting the stock market down, and creates a competition for locating the computers as close as possible to the stock market servers in order to receive the information milliseconds before competitors. The market collapse caused by a malfunctioning algorithm resulted in an enduring loss of perhaps billions of dollars to investors, as the market had to creep back up, in a context of diminished investor confidence, from the depths to which it had plummeted. We need regulatory agencies equipped with human and material resources capable of keeping up with the tens of thousands of similar demands on them, if we want our market economy to continue to function, and to do so in the interests of all rather than at the long-term expense of the many in the short-term interests of the few.
“Here’s one very compelling objective piece of evidence about the value of that administrative state you are so eager to dismantle: Its emergence immediately preceded the most dramatic rise in wealth production in the history of the world. That very expensive “big government” administrative state has existed in every single nation on Earth that has ever experienced that dramatic rise in wealth production, both immediately prior to experiencing it and from then on, without exception, and every single prosperous developed modern nation is still characterized by the presence of that very expensive “big government” administrative state today, again, without exception. There is not one single exception, and never has been. While it’s true that you can’t prove a counterfactual (we don’t know what would have happened in its absence), there is not one shred of evidence that any other governmental form is able to facilitate this feat and accommodate its end result. By all available evidence, our wealth, the wealth of each and every one of us, is completely dependent on the existence of the administrative state.
“Yes, many of the problems that would occur in the absence of such a regulatory structure still occur within it; the poor are still burdened more than the rich by undesirable facilities in their neighborhoods; acquiescence to economic necessity still often triumphs over public health and safety; the interests of corporations still work their way through the system, in a variety of manners, at the expense of the public without always being off-set by a commensurate economic benefit; ‘industry capture’ of regulatory agencies to some extent ‘puts the foxes in charge of the henhouse.’ All of these problems diminish the degree to which our regulatory infrastructure efficiently and effectively does what almost all of us implicitly recognize to be necessary and desirable. But the absence of our regulatory infrastructure would erase the performance of that function altogether. The significant shrinkage of it that periodically occurs under Republican administrations almost always results in catastrophic effects, with a regularity that is matched only by the public disregard of the repeated lesson.
“To be sure, throughout this tour of what ‘small government’ would really mean, I have ignored the ways in which a strong centralized federal government, an ‘activist judiciary,’ and the rise of the administrative state have led to negative rather than positive outcomes for both Americans and the rest of the world (perhaps more the latter than the former, since a strong America has been strong to its own citizens’ advantage; for the most part, only when it incidentally served the interests of American citizens have others in the world benefited from American power. See “Democracy IN America,” But Not BY America). But the danger in America today, the one that most needs remedy, is not an exaggerated belief in the virtues of centralization of governmental power and effective political coherence, but rather an exaggerated belief in something that does not and cannot exist in the oversimplistic form imagined, a Liberty Idolatry that counsels the destruction of the very social foundation which liberty requires for its existence. And so that is the imbalance that I have addressed.
“Those poetic aspirations of America’s national youth were what defined its spirit and channeled its energies. They still guide and inspire its people today. But meeting real responsibilities as they arose is what carved that spirit into the more-often-than-not admirable world citizen and leader, and reliable agent of its own people’s interests, that it has become. The world, and the people at home who give the federal government life and whose lives that government in turn embues with expanded opportunities, would be poorer for the partial death that some would now impose on this vital vehicle of the American spirit. The demands that the federal government has risen to meet were not optional, could not have been disregarded. And idolizing rather than respecting the guidance given by America’s founding leaders and documents is an insult to them, and a disservice to those alive today, as well as those who will be alive tomorrow.”
The United States of America was founded to be a progressive nation. As Thomas Jefferson himself wrote:
I am not an advocate for frequent changes in laws and constitutions. But laws and institutions must go hand in hand with the progress of the human mind. As that becomes more developed, more enlightened, as new discoveries are made, new truths discovered and manners and opinions change, with the change of circumstances, institutions must advance also to keep pace with the times. We might as well require a man to wear still the coat which fitted him when a boy as civilized society to remain ever under the regimen of their barbarous ancestors.
Those who would strait-jacket us as a people with the ideological raiment that exists only in their own shrunken imaginations stand in opposition to this ideal, and to the very spirit of this nation. It’s time for George Bailey to come home, and bask in the fellowship of a society of people who strive to lift one another up, and help bear one another’s burdens.
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(Continued from “Wonderful Life,” Part IV; see “It’s a Wonderful Life,” American Political Edition (Parts I-V) for all five parts combined and revised)
“Finally,” said the angel, “let’s look at what your country and world would look like without the rise in America of the Administrative State, through which to regulate the complex modern economy.”
“Without the regulatory agencies that promulgate regulations, conduct hearings and inspections, license facilities, and engage in a complex web of tasks necessary to implement the laws passed by Congress, we would live in a far more insecure and unhealthy environment. Incidents such as the infamous ‘Love Canal’ toxic waste dump beneath a housing developing, causing an astronomical rise in cancer rates, would be the norm rather than the exception. The manipulation of markets, such as those by Enron which caused the California energy crisis of 2000-2001, would be constant and economically devastating. Confidence in investments would plummet, the economy would contract dramatically, and the financial system near-collapse of 2008 (resulting from underregulated financial markets) would be a constant and continuous event rather than a once-in-a-century crisis.
“The absence of the regulatory structure that has developed since the 1930s, and under the Administrative Procedure Act of 1946, would be akin to removing the mortar from between the bricks of the modern economy. The entire edifice would be less securely bound together, more unstable, and more likely to collapse. Those sheltered within it would feel every cold wind that blows through and storms would whip through it with discomfiting regularity. Market failures would dominate the economy, and health and safety violations would be constant and ubiquitous. Commercial enterprises would know that they could sell toxic and dangerous substances with impunity, recognizing that there is more profit in not paying the costs of avoiding doing so, and a niche would emerge for those that compete by avoiding such costs, simply changing names and products each time information of the health and safety risks made the old one unprofitable to produce and sell.
“The already underfunded Food and Drug Administration would leave even more food and drug safety responsibility to the companies that have a vested interest in overlooking foreseeable dangers. The New York Times reported (September 28, 2007) that due to defunding the FDA audits less than 1% of clinical drug trials in the United States. As a direct result we have increasing cases of pharmeceutical companies fudging of results of drug trials, leading to waves of preventable deaths, such as occurred in the cases Propulsid (Johnson and Johnson), Bextra and Celbrex (Pfizer), and Vioxx (Merck).
Similar stories of the consequences of deregulation and defunding of regulatory agencies can be found in food safety (increasing salmonella and E. coli contamination, even after cases have been found and companies have been asked to address them), and product safety (such as children’s toys, imported from China, containing lead in seriously toxic quantities, undetected due to underregulation of imports). The more we ‘shrink government’ by reducing regulatory oversight even more, the greater the frequency of such incidents will become. In the unregulated paradise that some in America are striving for, life would be, literally, ‘nastier, more brutish, and shorter.’
“While there are some dysfunctional dynamics that lead to the production of laws that are thousands of pages long (e.g., earmarks, and other porkbarrel spending provisions; and controversial riders designed to piggyback on necessary legislation), the main reason is the complexity of the social institutional landscape that those laws are addressing. And those laws, even with their tens of thousands of pages of qualifications and provisions, don’t even begin to anticipate all contingencies, all unexpected consequences, all complexities that will emerge as the law is implemented. For that reason, regulatory agencies are necessary to implement the laws, to address those complexities, to adapt the execution of the law passed in Congress to the realities of the world to which it will apply.
“It is a very information-intensive enterprise, with an amazing amount of very precise expertise embedded in these organizations, able, for instance, to research the precise cancer rates associated with each commercial chemical substance on the market, or incorporated into items on the market; the ways in which these substances move through the environment and contaminate human beings; the probabilities of contamination and of contracting associated diseases from contamination; the fatality rates of doing so; the costs of regulation at each level; the balancing of legitimate economic concerns with legitimate health and safety concerns. The same kinds of calculations are required to oversee the use of public lands, the mining of water from aquifers and of minerals from the Earth, the emissions and dumping of toxic substances into the air and water and land; the determination of where to build roads and interstates and how to balance all of the concerns and interests involved; the determination of where to allow coal plants and nuclear plants and other installations to be built; the determination of what kinds of safety devices and scrubbers they require; the oversight of all of these protections and provisions without which we would all be dramatically worse off.
“Our economy has been growing (and continues to grow) in complexity at an accelerating rate. For example, the use of supercomputers programmed with complex algorithms to buy and sell stocks in order to reap gains made in fractions of a second distort the market, caused a freefall several months ago that rattled investors and required shutting the stock market down, and creates a competition for locating the computers closest to the stock market servers in order to receive the information milliseconds before competitors. The market collapse caused by a malfunctioning algorithm resulted in an enduring loss of perhaps billions of dollars to investors, as the market had to creep back up, in a context of diminished investor confidence, from the depths to which it had plummeted. We need regulatory agencies equipped with human and material resources capable of keeping up with the tens of thousands of similar demands on them, if we want our market economy to continue to function, and to do so in the interests of all rather than at the expense of the many in the interests of the few.
“Yes, many of the problems that would occur in the absence of such a regulatory structure still occur with it; the poor are still burdened more than the rich by undesirable facilities in their neighborhoods; acquiescence to economic necessity still often triumphs over public health and safety; the interests of corporations still works its way through the system in a variety of ways at the expense of the public without always being off-set by a commensurate economic benefit; “industry capture” of regulatory agencies to some extent puts the foxes in charge of the henhouse. All of these problems diminish the degree to which our regulatory infrastructure efficiently and effectively does what almost of us implicitly recognize to be necessary and desirable. But the absence of our regulatory infrastructure would erase the performance of that function altogether, and the significant shrinkage of it that periodically occurs under Republican administrations almost always results in catastrophic effects, with a regularity that is matched by the public disregard of the repeated lesson.
“To be sure, throughout this tour of an alternate reality, I have ignored the ways in which a strong centralized federal government, an ‘activist judiciary,’ and the rise of the administrative state have led to negative rather than positive outcomes for both Americans and the world (perhaps more the latter than the former, since a strong America has been strong to its own citizens’ advantage, and only when it incidentally served those interests to the advantage of others who did not belong to that club. See “Democracy IN America,” But Not BY America). But the danger in America today, the one that most needs remedy, is not an exaggerated belief in the virtues of centralization of governmental power and effective political coherence, but rather an exaggerated belief in something that does not and cannot exist in the form imagined, a Liberty Idolatry, and so that is the imbalance that I have addressed.
“Those poetic aspirations of your national youth were what defined your spirit and channeled your energies. They still guide you today. But meeting real responsibilities as they arose is what carved you into the more-often-than-not admirable world citizen and leader, and reliable agent of your own people’s interests, that you have become. The world, and the people at home who give the federal government life and whose lives that government in turn embues with expanded opportunities, would be poorer for the partial death that some would impose on this vital vehicle of your spirit. The demands that you’ve risen to meet through it were not optional, could not have been disregarded. And idolizing rather than respecting the guidance given by our founding leaders and documents is an insult to them, and a disservice to those alive today, as well as those who will be alive tomorrow.”
(This is the fourth in a series of four posts which discuss Tea Party “Political Fundamentalism”, comprised of the unholy trinity of “Constitutional Idolatry”, Liberty Idolatry, and Small Government Idolatry.)
To recap briefly, “Political Fundamentalism” is the mutation of christian fundamentalism that allows it to appeal more broadly to the highly secularized by equally dogma-reliant anti-intellectual populism that permeates our culture. Whereas there has long been cause for some concern about the fanaticism and cooptation by the Republican Party of right-wing evangelicals, I had always maintained that dogmatic ideology rather than merely religious fanaticism was the real problem, and that religious fanaticism in our highly secularized society could only go so far. This mutation into a secular fanaticism, equally rigid and dysfunctional, equally tyrannical, and equally anti-intellectual, is far greater cause for concern.
Political Fundamentalism is the continuation of the Inquisition, adapting to a changing world in an attempt to prevent the world itself from adapting to changing circumstances and insights, creating an obstruction to the continuation of the growth and application of the Scientific Revolution and the Enlightenment. Political Fundamentalism can be found all over the political ideological spectrum, just as religious fundamentalism can be found all over the religious spectrum, and, in both cases, the differences in ideological particulars are less compelling than the similarities in attitude. But the currently most dangerous form of Political Fundamentalism in America is the right-wing version, comprised of the three elements already named.
“Constitutional Idolatry,” the first element I wrote about, is the conversion of an historical document meant to provide a somewhat flexible legal doctrine and framework into a sacred text the caricature of which must be rigidly adhered to according to some non-existent and impossible literal interpretation. And “Liberty Idolatry,” the second element I wrote about, is the reduction of the concept of “liberty” to one divorced from consideration of interdependence and mutual responsibility, defending freedoms independently of consideration of the harm they may inflict on others or on all.
The third element in the unholy trinity of Political Fundamentalism is Small Government Idolatry. It is a fixed belief that smaller government is always better, that lower taxes and less spending are always better, that “government is the problem” (as Ronald Reagan famously proclaimed, ushering in a movement that will long be the bane of our attempts at designing and implementing reasonable proactive policies and public investments). Like its strongly intertwined fellow travelers, Constitutional Idolatry and Liberty Idolatry, it is a fixed belief, impervious to reason and evidence, insulated from compelling counterarguments or sensible attempts to achieve balance and moderation. It is a force for the contraction of the human mind, opposition to reason and knowledge, and obstruction of progress, at a very real and tragic cost in increased human suffering and decreased human welfare.
An argument against Small Government Idolatry is not an argument for big government (just as an argument against Constitutional Idolatry is not an argument against the Constitution, and an argument against Liberty Idolatry is not an argument against liberty). It is an argument in favor of doing the analysis, in favor of applying our principles knowledgeably and rationally in the context of a complex and subtle world, on a case-by-case basis. It is an argument for facing the responsibilities we have to one another and to future generations, utilizing authentic economic analyses rather than ideological pseudo-economic platitudes to balances the demands imposing themselves on government against the real economic and fiscal constraints that must discipline how these demands are met.
A blind commitment to “small government” is both humanly and fiscally irresponsible, for most economists, other social scientists, and lawyers recognize the inevitably large role that modern governments must play in modern economies, even independently of the demands that a commitment to social justice and improved equity impose on them. I’ve frequently referenced the role of information asymmetries in creating an absolute imperative that we continue to develop our regulatory infrastructure to keep pace with the opportunities to play the market system to individual advantage at sometimes catastrophic public expense. We’ve seen examples in the Enron-engineered California energy crisis of 2000-2001, and the financial sector collapse that nearly catalized a second Great Depression in 2008. Designing, implementing, and enforcing functional rules of the game for our complex market economy is an essential function of government, and one which already destroys the notion that a government too small too meet that need is preferable to one large enough to do so.
It is also fiscally, as well as humanly, irresponsible to let the problems of extreme poverty, child abuse and neglect, frequently unsuccessful public schools, high rates of violent crime, poor public health and inadequate healthcare for many, and other similar and related social problems, all of which form a mutually reinforcing matrix of dysfunctionality and growing problems that both undermine the safety and welfare of us all, and end up costing us far more to react to (with astronomical rates of very expensive incarceration, and other costs of dependency and predation) than it would have cost us to proactively address.
The fiscal concerns that the Political Fundamentalists identify are not to be disregarded, or treated as irrelevant, but rather are one set of considerations among many, to be included in a complete analysis rather than treated as always and forever dispositive independently of any application of reason or knowledge to the question of whether it is actually dispositive or not. The challenge of self-governance requires utilizing our fully developed and focused cognitive capacities, applied to all available information, in pursuit of intelligent and well-conceived policies. It is undermined by the imposition of an a priori set of fixed certainties that are impervious to both knowledge and reason.
We need, in our political discourse, less fundamentalism and more analysis, less idolatry and more (and better) methodology, less false certainty and more foundational humility. We need less deference to fixed and static beliefs, and more to our process by which we test our beliefs and improve upon them. We need less commitment to ideologies, and more commitment to working together as reasonable people of goodwill, doing the best we can to confront the challenges and opportunities of a complex and subtle world.
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Buy my e-book A Conspiracy of Wizards
The title quote, uttered by President Obama to describe the choice we have in the 2010 elections, captures the essence of the on-going struggle between humanity’s inner-angels and inner-demons, a struggle which produces the realization of both our dreams and our nightmares, depending on which prevails in any given moment of history.
The refrain “we want our country back” is the refrain of those who fear progress, who cling to a mythologically sanitized past rather than forge a path into the inevitable future. It attracts, along with those who are making some vaguer, narrower reference, those who want to take the country back from, among others, women, African Americans, Hispanics, non-Christians, and Gays, groups which have succeeded in diminishing the opportunity gap between themselves and the white, male, Christian minority that has historically maintained that gap to their own advantage and in accord with their own bigotries. And while we have progressed in diminishing the gap, the legacy of history remains with us today, and demands our forward-looking rather than backward-looking attention.
Those who have the courage to hope, to aspire to do better, don’t ever want their country “back.” We always want it “forward.” Our history has been the story of a people moving forward, conceived in a Declaration of Independence which continued and contributed to a transformation of the world already underway, accelerating our reach for future possibilities, and our removal of the shackles of past institutional deficiencies. It was a nation of Progressives, of people who knew that you don’t just accept the institutions handed down, but always seek to refine and improve them. It was a nation that drafted a document by which to govern itself, one which proved insufficient (The Articles of Confederation, drafted and adopted in 1777, though not actually ratified until 1781), and then got its representatives together to try again, ten years later, and get it right (producing the U.S. Constitution, which was a document drafted to strengthen, not weaken, the federal government).
The drafting and ratification of our brilliant Constitution marked a beginning, not an end, a point of departure through which to express and fully realize our collective genius, not an impediment to the use of our reason and will to address the challenges yet to come. It was drafted by people wise enough and humble enough not to imbue it with the quasi-religious hold it (or an insulting caricature of it) now has over some contracted imaginations. It was meant to be a source of guidance rather than a source of idolatry. It provided the nation with a robust legal framework through which to address future challenges, some of which were already visible at the time, and some of which were not, but which the framers knew would ceaselessly present themselves (and which many thought would promptly make the Constitution itself obsolete. The fact that that hasn’t come to pass is a tribute to our ability to make from the document they created in a given historical context one which adapts itself to changing historical circumstances).
Ahead of the country remained the abolition of slavery, the protection of individual civil rights from state as well as federal power, a far-too-late end to the slaughter and displacement of the indigenous population (too late because they had already been nearly exterminated, and removed to tiny, infertile plots of land), the institution of free universal public education, the extension of suffrage to unpropertied males and women, the passage of anti-trust laws to preserve a competitive market, the establishment and necessary growth of an administrative infrastructure which immediately preceded and facilitated the most robust acceleration of economic growth in the history of the world, the desegregation of our schools, the passage of The Civil Rights Act of 1964, and the beginnings of absolutely crucial efforts to address the long-term detrimental health and economic consequences of environmental contamination.
There never was a moment in the course of this story when there weren’t challenges yet to be identified and addressed, many of which could only be successfully addressed by means of government, and, often, only by means of the federal government (e.g., the abolition of slavery, which ended up requiring the federal government to prosecute a civil war; the enforcement of Civil Rights protections; and environmental protections covering interstate pollutants). Our Founding Fathers understood that. Thomas Jefferson himself said that every generation needed to refine its institutions to adapt to changing circumstances and meet the challenges of their own day. Such people never wanted their country “back.” They always wanted it “forward.” And they dreamed of establishing a country that would renew rather than renounce that commitment with every new generation.
Though there are many today who don’t get this, most don’t get it by means of blurry vision and historical inconsistency, rather than a retroactive commitment to what they claim currently to be an immutable truth. It is a tiny minority today, utterly detached from reality, who want to completely abolish Social Security or Medicare, though there are many who vehemently oppose health care reform and improved financial sector regulation. The difference between those past acts of our federal government that we have come to take for granted and whose value we almost universally recognize, and those present acts of our federal government that so many (so absurdly) call a “socialist” threat to our “liberty,” isn’t in the nature of the policies themselves (they are actually very similar in nature), but rather in the difference of perspective granted by elapsed time and an improved quality of life.
The impassioned, angry, vehement opposition to today’s progressive reforms, almost down to the precise words and phrases (including cries of “socialism”), is virtually identical to that which confronted the passage of Social Security and Medicare in their day. It is the perennial resurgence of the same faction, the same force at work today as in those previous generations: The voice of fear, the clinging to past failures and deficiencies for lack of courage, the perception of progress as a threat rather than a promise, though those same cowering souls could hardly imagine living without the promises of progress fulfilled before their birth and in their youth. They take gladly from those progressives who came before and fought to establish the world they now take for granted, but fight passionately against those progressives of today striving to provide similar gifts of social improvement to future generations.
In Colorado, these two sides, these two opposing forces of Hope and Fear, are embodied in our U.S. Senate and Gubernatorial races. In both races, it is the urbane, highly informed, business savvy, pragmatic Progressive pitted against the retrograde, chauvinistic, insular and regressionary Conservative. Michael Bennet, as I have written before at some length (Why Michael Bennet Truly Impresses Me), is a model of reason, civility, humility, and subtle systemic understanding, all focused on how to leave our children with more rather than less opportunity than we ourselves have enjoyed. Ken Buck, his opponent, is a sexist troglodyte who accused a rape victim of “buyer’s remorse” (though the accused rapist admitted in a taped phone call from the police station that he had in fact raped her!), a candidate who opposes access to abortions even by victims of rape and incest (condemning some pre-teen girls to a premature motherhood that will, in some cases, utterly destroy them). With the same indifference to reality, Buck is committed to the pseudo-economic certainties of his ideological camp, certainties which defy the lessons of history and the prevailing economic models of those who actually study the subject.
In our gubernatorial race, we have a very similar match-up, with Democratic candidate John Hickenlooper (currently the very popular mayor of Denver) as a model of the rational, urbane entrepreneur (who, after being laid off as a geologist in his youth, opened a very successful brewpub in a downtown Denver area –LoDo– which, through his enterprise and hard work, he helped to turn into a very robust restaurant and bar district), opposed by Tom Tancredo, the U.S. Congressman (from my district, CD 6) who became nationally and internationally infamous for his outspoken xenophobia and belligerent anti-immigrant demagoguery. Again, it is a race of hope against fear, a repeat of similar struggles we have seen around the world throughout human history, with prosperity and human welfare flourishing where hope has prevailed, and a contraction of wealth and opportunity taking hold where fear prevails (sometimes accompanied by nightmares of violence directed against the scapegoats who have been identified as personified targets of that fear).
Economically, Hope counsels that we employ the best economic models to forge the best fiscal and economic policies possible to ensure the robustness, sustainability, and equity of our economic system, while Fear counsels that we base our economic policies on information-stripped platitudes, contracting rather than expanding, insulating rather than competing, cowering rather than aspiring. A hopeful people invests in its future; a fearful people stuffs its money in a mattress. A hopeful people works to create a higher quality of life, while a fearful people works toward enshrining past achievements and, by doing so, obstructing future ones. A hopeful people seeks to expand opportunity; a fearful people seeks to protect what’s theirs from incursions by others. A hopeful people reaches out, looks past the horizon, and works toward positive goals. A fearful people builds walls, huddles together, and obstructs the dreams and aspirations of others.
But this year, in this election, it is not just any other incarnation of the struggle between Hope and Fear. It is the most dangerous form of that struggle, the form it takes when we are on the brink of inflicting on ourselves enormous suffering. Because the struggle this year is characterized by a terrifying discrepancy in passion: The angry, fearful mob is ascendant, while cooler heads are too cool, too uninspired, to face that mob down and disperse it.
It is under just such circumstances when, historically, Fear prevails over Hope. It is under these circumstances, circumstances that the hopeful among us are allowing to take hold, when countries get sucked into the nightmare that fear produces. This is what responsible, reasonable people of goodwill cannot, must not, allow to happen.
Vote. Make sure everyone you know votes. Confront the angry, frightened and frightening mob and insist that we are better than that. Don’t let them put this state, this country, and this world back into Reverse again, as it was from 2001-2009, when America became a nation defined by fear, with a government defined by the belligerent ignorance which is Fear’s most loyal servant. Let’s keep this nation in Drive, and move hopefully into the future. In 2008, many of us were excited by that prospect, and in 2010, we should remain warriors of reason and goodwill in the face of the Grendel of small-mindendness awoken by the small, fledgling steps forward we have taken as a people. We need to defend, preserve, and advance what we accomplished in 2008. We need to move forward, not backward.
Don’t sit this one out. Don’t let the brutal tyranny of Fear and Ignorance rule us.
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The Denver Post published an AP story about Obama’s appointment of Elizabeth Warren, “an aggressive consumer advocate and Wall Street adversary,” as de facto head of the new Bureau of Consumer Financial Protection (http://www.denverpost.com/business/ci_16106784). This appointment is significant for two reasons: 1) It marks a continuation of the process of concentration of power in the White House to avoid increasingly difficult and lengthy senate confirmation processes associated with appointing regulatory agency directors, and 2) it is an expression of the Democratic Party’s wise commitment to preserve and continue to develop the sophisticated regulatory architecture necessary to manage the modern market economy.
David Brooks commented on the first aspect on The News Hour last night (http://www.pbs.org/newshour/bb/business/july-dec10/shieldsbrooks_09-17.html). According to Brooks, this is a trend that has been growing over the course of the last five administrations. For good and for ill, there has been a gradual concentration of political power in the executive over the course of American history. The rise of the administrative state since the New Deal had led to some limited dispersion of that power (since Congress created each administrative agencies and confirmed the director appointed by the President), but, if Brooks’ assessment is correct, even that small moderating influence on presidential power has been eroded by the executive reaction to contentious confirmation hearings (not only by removing Congressional oversight, but also by shifting the power from semi-autonomous agency secretaries to, in this case, a “special assistant to the president”).
However, while many pundits and politicos are most concerned about the distribution of power, I am most concerned with the efficacy of its use. As long as enough separationof powers exists to prevent any slide into dictatorship (and it does, despite the perennial overheated rhetoric on the Right), the distribution remains an issue of the means to our ends, and the salient question becomes whether the power thus exercised accomplishes goals which serve the public interest. Since neither our individual liberties are in any actual danger as a result of the concentration of power in the White House, nor, for the most part, is the functionality of distributed competences, the question really is whether increased regulatory oversight of financial markets serves the public interest.
And the answer is: Yes. The combination of the complexity of the modern market economy and the consequences of “information asymmetries” creates an indispensable need for an increasingly sophisticated regulatory architecture. The reason for this is that in information-intensive market sectors, where some minority of market actors are close to information that is remote and inaccessible to the majority of market actors, that minority of market actors will tend to manipulate markets to their advantage and to the public’s disadvantage, often with disastrous results. Examples of this abound, including the recent financial sector collapse, the Enron-fabricated California energy crisis of 2000-2001, and even Bernie Maddoff-like ponzi schemes (which exist in abundance). The challenge, indeed, is creating and running regulatory agencies capable of keeping up with those who are closest to the action.
This is not to say that there are not defects and downsides associated with the administrative state. Certainly, it is possible for market regulations to fail a cost-benefit analysis, and impose burdens on business more onerous than the benefits warrant, costing jobs and stifling wealth production. Agency rule-making processes, however, are highly attuned to this consideration, and make necessary assessments that offend less pragmatic sensibilities, such as placing price tags on the value of human life (since regulations that consider individual human lives infinitely valuable would inevitably lead to the complete shut-down of the economy).
The bigger problem is the phenomenon known as “agency capture,” in which regulatory agencies become “captured” by the industries they are supposed to regulate, and make rules that serve the industry’s rather than the public’s interests. This happens both as a result of political ideology and allegiances (mostly conservative presidents sympathetic and beholden to particular industry interests appointing agencies heads who represent and advocate for those interests), and organic processes (finding individuals competent to regulate information-intensive industries generally requires recruiting from the pool of people who have worked within those industries, and thus have friendships and loyalties tied to those industries).
But the challenge of effectively regulating our complex modern market economy does not counsel a retreat from the attempt to do so; rather, it counsels renewed vigor and assertiveness in the attempt to do so. The creation of this absolutely essential, and long overdue, new regulatory agency is a step in the right direction.
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