Colorado Confluence

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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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(Here is an unedited Facebook thread, continuing the ongoing discussion….): David K Williams Jr: What radical, ignorant tea-bagger said this?

“We the people are the rightful masters of both Congress and the courts, not to overthrow the Constitution but to overthrow the men who pervert the Constitution.” 

David K Williams Jr: A: Abraham Lincoln

Matt Arnold: As quoted by yours truly several months ago: http://www.clearthebenchco​lorado.org/2010/10/25/figh​ting-the-%E2%80%9Cprogress​ive%E2%80%9D-takeover-of-s​tate-courts/

Joshua Sharf: I think he even had a low, sloping forehead.

Audrey Lussier Hussey: what a radical.

Lawrence Depenbusch: Barney Frank????

Jacque Rhoades: Crazy Abe. What was he thinking?!?!

Lawrence Depenbusch: Abe said enough great things, he could have had one off day. You try getting selected for Mount Rushmore and the Lincoln Memorial, and the penny…

Steve Harvey: Right. The same guy who led the opposition to your ideology in his time, and who would continue to lead it today were he alive, strengthening the federal government against a secessionist movement, denying the individual liberty asserted by southern slave owners. The words are perfect; your blindness to the fact that today you are those “men who pervert the Constitution” ironic.

Joshua Sharf: Steve: I wasn’t aware that “my ideology” included the ownership of other human beings.

Buddy Shipley: xactly, Joshua. Beat me to it! Steve’s a twit.

Steve Harvey: Your ideology includes an extreme notion of individual liberty that neglects to recognize how its exercise affects the rights and liberties of others. The inability to abstract and apply general principles to new variations on repeating patterns is part of what permits them to be repeated. Or, more conventionally, “those who don’t understand history are doomed to repeat it.”

Buddy Shipley: Liberals reject principle in favor of moral relativism, screws their reasoning every time.

Steve Harvey: Read John C. Calhoun’s “Union and Liberty,” which argued in langauge almost indistinguishable from Tea Party arguments why the overreaching federal government was depriving Southern Slave owners of their Constitutionally guarnanteed liberty by trying to abolish slavery.

Buddy Shipley: Wrong again, Stevie.

Buddy Shipley: On all counts/

Steve Harvey: Really, Buddy? Because I read it, cover to cover, when I studied American Political History. And that is exactly the argument that Calhoun makes.

Steve Harvey: Once again, you’re entitled to your opinion, but not to your facts, no matter how determined you are to simply declare that the facts are other than what they are.

Buddy Shipley: That’s my line, thief.

Steve Harvey: You are a bunch of throwbacks, lacking the knowledge, humility, or imagination to have the faintest recognition of to what extent that is the case. And, in the process, you try to inflict a utopian farce on an otherwise pragmatic nation, ta…king an idea divorced from its articulation with our lived history and insisting that only that idea must be revered, even if the version to which you reduce it can be implemented only at the cost of our prosperity and our humanity.

Buddy Shipley: WRONG: “ideology [that] includes an extreme notion of individual liberty that neglects to recognize how its exercise affects the rights and liberties of others.” –YOU ARE COMPLETELY WRONG.

David K Williams Jr: Steve – read Massachusett’s abolitionist Lysander Spooner’s “No Treason.” It’s readily available on the internet.

Steve Harvey: Yes, Buddy, you frequently repeat it, though you never demonstrate it. You ignore the historical, economic, and legal empirical evidence that I mobilize. Your last comment, citing another argument, does nothing to address the one that I cited.

Joshua Sharf: Steve, this is a non-argument. I’m not going to be held responsible for Calhoun’s misuse of Constitutional arguments, any more than you would be for early “progressives'” racism.

Buddy Shipley: Lincoln inherited a nation already in conflict over the economic canard of state’s rights to free commerce based on slave labor. Rather than allow the Union to collapse Lincoln chose to fight to keep it together, and that meant he had to choose between sanctioning slavery or ending it –One nation United without slavery, or divided and enslaved. The choice is not difficult.

Steve Harvey: Joshua, you would be absolutely right, if your ideas were fundamentally different from Calhoun’s. Unfortunately, they are fundamentally similar, just in a different historical context. They were used to oppose Civil Rights, and your own Ran…d Paul said that he wouldn’t have been able to support The Civil Rights Bill of 1964 because of how it infringes on the liberty to be (though he of course did not put it this way) a discriminatory racist.

Steve Harvey: The fundamental flaw in libertarian ideology is the de-emphasis of interdependence, and the neglect of the degree to which freedom must be articulated with where its exercise affects the welfare of others, which is extensive and ubiquitous.

Buddy Shipley: ‎”They were used to oppose Civil Rights…” — WHAT?

Buddy Shipley: Steve, you are babbling again.

Buddy Shipley: ‎”de-emphasis of interdependence” — ON WHAT?

Buddy Shipley: The Left has for generations been allowed to manipulate the language to serve their own ends with deceptively crafted legislation presided over by a Judiciary that has been corrupt at least since Liberal luminary Thurgood Marshall who asser…ted: “Do what you think is right and let the law catch up.” — ie: legislate from the bench because we the elite anointed few, surely know better than the great unwashed masses or any Legislative Branch that must actually be elected by the proletariat.

Steve Harvey: Uh, yes, Buddy. Southern leaders, such as George Wallace, used the complaint of an overreaching federal government to resist desegregation and the enforcement of Civil Rights provisions. The history of your ideology begins with the Articles of Confederation, and continued with “nullification” doctrine (that states have the right to “nullify” federal law at will), and then was used to impose Jim Crow, and finally has been reincarnated as Tea Party dogma.

Of course, it has articulated with other essentially absolutist doctrines along the way, such as religious fundamentalism, but the integral thread is very easy to discern, and to recognize as coherent across our history. And, yes, I see that you have now indicted Thurgood Marshall, responsible for arguing “Brown v. Board of Education,” which made desegregation the law of the land, and catalyzed the modern Civil Rights movement. Thanks for demonstrating my point.

Buddy Shipley: I indict Marshall for legislating from the bench.

Buddy Shipley: You fail civics 101, asshole.

Buddy Shipley: Your reading & comprehension skill are also lacking.

Steve Harvey: Right. You indict Marshall for doing what his namesake (Chief Justice John Marshall) had established as the role of the Court in the early 19th century, to the great benefit of the nation (which would almost certainly not have managed to so… closely approach “rule of law” as it has had he not done so, since your ideal of each imposing his or her own Constitutional interpretation, and not tolerating any process which imposes one in any centralized fashion, would have obliterated the law by converting it into a creature of each person’s imagination).

And I have no doubt that I failed your version of Civics, though I have taught it (and US History, and US Government), though not the caricature of it that your litmus test requires.

Steve Harvey: There are three branches of government, all involved in creating the law of the land, in different ways. Congress legislates, but legsilation is not the only law producing process. When the executive branch implements the laws, it must affe…ct them to make them implementable. Executive branch agencies do this in the form of agency rule making, a very elaborate process with lots of in-put from all interested parties. The judicial branch interprets the law, which cannot be drafted to cover all contingencies. The process of interpretation is a process of creation, inevitably.

Part of the genius of our system is this tension in the creation of law, a lathe on which it is forever refined, a lathe that you are determined to smash and replace with a sledgehammer for all occasions.

Buddy Shipley: WRONG AGAIN, asshole.

Steve Harvey: Yes, Buddy, you keep saying it. But, strangely, you are completely devoid of arguments. I know you are convinced that whatever you declare to be true must be, especially if you can accompany it with a profanity. But, alas, that’s just not how it works.

Steve Harvey: Buddy, that’s the elementary school version, not the reality, either by design or in practice. The idealized version is that the legislative branch writes the laws, the executive implements them, and the judicial interprets them. The realit…y is that all three of those processes affect their formation, inevitably, by the very nature of what it means to do those things. The shallowness of your mind is the problem, not the complexity of the real world.

Buddy Shipley: The 3 branches have DIFFERENT responsibilities! The Legislative Branch has the sole authority and power to craft and pass Legislation — NOT the Judiciary, you twit!! The Executive can choose to either sign the Legislation into law or veto it, and the Judiciary must APPLY THE LAW, not MAKE SHIT UP as they see fit!

Aaron Michael: The fundamental flaw with progressivism is that it seeks to cure the vices of men through force via the state. Libertarians acknowledge interdependence among people (hence the advocation of pure capitalism), but stop at trying to impose th…eir social norms on others. That’s not to say they don’t recognize universal morals, but being a prejudice dick does not fall into a category of aggression that would warrant a negative law enacted for the purpose of curtailing persons with discriminating behavior.

Buddy Shipley Just like Obama’s tyrannical policies to NOT enforce the laws of the land, T. Marshall chose to ignore the law and exert his own despotic opinion in place of the law and in blatant defiance of the Legislature that was actually ELECTED by the People. This is tyranny, and Steve wholeheartedly advocates it.

Aaron Michael: And once again Buddy emerges from the swampy soil to give his opinion on a matter he know nothing about.

Buddy Shipley I’ve been here all along, what steamy turd did Aaron crawl out from under??

Buddy Shipley ‎”Giving money and power to government is like giving whiskey and car keys to teenage boys.” –P. J. O’Rourke. Why do you leftist maggots insist on doing just that?

Buddy Shipley ‎”Prohibition… goes beyond the bounds of reason in that it attempts to control mans’ appetite through legislation and makes a crime out of things that are not even crimes… A prohibition law strikes a blow at the very principles upon which our Government was founded” –President Abraham Lincoln (December 1840).

Buddy Shipley: Can your wee wittle bwains expand these concepts to everything else, or is the strain to great?

Aaron Michael: Buddy, O’Rourke is much too sophisticated to have jelly brains like yourself quoting him.

Aaron Michael: Try quoting Justin Bieber; it fits you better.

Buddy Shipley: Ohh, how witty. How many books have you written, maggot?

Buddy Shipley: Debt Default: More Honesty, Less Hyperbole U.S. Annual Deficit spending is projected at $1.4 Trillion this year alone, or 10% of GDP. The national debt is over $14.3 Trillion dollars, or 91.2% of GDP, which is no one claims is sustainable…. Service on the national debt amounts to nearly $400 Billion each year, based on average interest rates of ~3.9%, as Democrats demand a higher debt ceiling! This cannot be permitted. If the U.S. were to actually default on its debt payment we may lose our AAA rating (determined by Standard & Poors, Moody’s, Fitch), which in theory could cause our interest rates to increase; specifically, if the U.S. rating was downgraded from “AAA” to “AA-” it could result in an increase from .25% to .50% percent paid in interest, or a total of between $1 Billion and $2 Billion per year. Compared to our national debt, annual deficit spending and even the annual service on our national debt, $2 Billion is chump-change, especially considering the debate in Congress is about the need to slash federal spending by Hundreds of Billions, even Trillions of dollars! Too many politicians are addicted to spending other people’s money, and like a drug addict they will do anything to satisfy their addiction, no matter the harm done to others. It is well-past time for intervention; our only recourse now is interdiction. True fiscal conservatives must stand their ground at all costs, they must NOT cave-in on demands, threats and scare-tactics to lift the debt ceiling or raise taxes! Raising taxes will only stall an already stagnate economy and facilitate the politicians’ addiction. Defaulting would not be the worst thing to happen, but raising the debt limit and increasing taxes on a stagnate economy with 9.1% unemployment certainly would. This Congress has consistently proven it cannot be trusted to conduct the nation’s business within its means, with or without any wars. If you eliminate the entire $1.2 Trillion in war costs for Iraq and Afghanistan from the budget we’re still smothered under $13.1 Trillion in debt! Our junkie government has a SPENDING problem, not a revenue problem. The socialists have finally run out of other people’s money; it’s time for tough love, they must be forced to quit cold turkey.

Buddy Shipley: You maggots want a revolution? Keep it up.

Aaron Michael: So writing a book makes one smart? Oh and a captain planet coloring book doesn’t count.

Buddy Shipley: So, ad hominem attacks are all you’ve got?

Aaron Michael: Hahahaha and the pot calls the kettle black.

Steve Harvey: Let’s start with a thought experiment: What happens if you remove the state from the pricture? No force, only freedom. Those inclined to prey on others will do so, and will band together to do so, while those who are not will band together …to defend themselves. They will use force in both cases. Some of these bands will defeat others, consolidating into larger entities, with those able to assert or impose leadership becoming de facto governments, only far more tyrannical than those of developed modern democracies that you are now decrying.

If you remove the state, then you essentially press the reset button on political history. The state is a reality, because force is a reality. So pretending that the issue is over whether the state is good or bad is moot; the question is how to limit it and use it to maximum advantage, all things considered.

Yes, limiting it and controlling it is an essential part of the challenge, but not as some quasi-religious notion unrefined by a recognition of both its inevitability and its range of competence. The state is our vehicle of collective action, our public agent, and free people using mechanisms by which they, in effect, ARE the state can, should, and must accept that responsibility, despite the real challenges and obstacles posed by it.

My version of progressivism doesn’t declare the state good or bad, but rather starts with the recognition that we cannot escape the responsibility of governing ourselves to the best of our ability, today, here and now, guided by the brilliant products of our history, but not absolved of our living responsibility by them. We can best do this by first resolving to be reasonable people of goodwill rather than raging blind ideologues, whether on this side or that of any question.

To do that, we need to be somewhat humble, recognizing that we live in an almost infintely complex and subtle reality, with wonderful minds that are more limited than that reality. So we need to know that we don’t know, that we are constantly discovering. Then we need to do our best to mobilize our collective genius in this inevitable effort to continue to do the best we can, as reaonable people of goodwill. When, through that process, we arrive at conclusion which limit the state more, then I am the first to applaud our success. When, through that process, we arrive at conclusions that utilize the state more, then I applaud that success as well. There is no one final panacea that answers all questions and resolves all challenges, once and for all.

The Constitution is a short and vague document, interpretable in mulitple ways, one which provides brilliant guidance, but does not resolve all questions. We are participants in a living history, just as the drafters of that wonderful document were (who knew better than their modern idolators how great the need would be to continue to refine it as history created new challenges and opportunities). There is no escaping that fact, nor should we wish to.

Argue your positions, and I’ll argue mine, and let’s strive to be reasonable people of goodwill doing the best we can in a complex and subtle world. Now, THAT would be tribute to our Founding Fathers, who showed us the way!

Buddy Shipley: “Socialism in general has a record of failure so blatant that only an intellectual could ignore or evade it” –Thomas Sowell

“Most people who read “The Communist Manifesto” probably have no idea that it was written by a couple of young men who had never worked a day in their lives, and who nevertheless spoke boldly in the name of ‘the workers.'” –Thomas Sowell

Buddy Shipley: Compromise ALWAYS means losing ground to progressives/liberals! As Thomas Jefferson said, “The natural progress of things is for liberty to yield and government to gain ground.” For the past century this is exactly what has happened. In the…ir attempts to “bring the country together” many prominent Republicans have pursued the disastrous course of “moderation” and “compromise” as they seek what they mistakenly believe to be some sort of desirable “middle ground.” I say there is no such thing! It is a fallacy to describe compromise with liberals as anything more than the constant erosion of conservatism and liberty — we are constantly yielding more ground to the Left — toward socialism, fascism, communism. They may call themselves Liberals or Progressives or Democrats, but history reveals them to be one in the same: Leftists progressing toward total government rule, always for our own good of course! Whether the Leftist Lemmings are aware of this or not, they seek a form of government better known as Totalitarian. Read Orwell’s “1984” with a different perspective, one where the totalitarian dystopia is Obama’s Leftist dreams made manifest. Forms of Government: http://www.youtube.com/wat​ch?v=DioQooFIcgE. Liberal Fantasies v. Reality: http://www.youtube.com/wat​ch?v=90SdmjuCAqw. And yes, “socialism” is but a few steps away from communism. http://www.youtube.com/wat​ch?v=DioQooFIcgE. “The problem with splitting the difference between opposing sides, as many negotiators are prone to do– whether these negotiators are marriage counselors, labor arbitrators or the United Nations– is that this gives an advantage to the side with the most unreasonable demands, and therefore promotes more unreasonable demands in the future.” –economist Thomas Sowell

Steve Harvey: Buddy, what you are now calling “socialism” has a record of success, not of failure, for not one modern prosperous nation has achieved modern levels of prosperity without the form of government you are now calling “socialism.” Not one. The post-WWII economic boom was participated in only by nations that had large administrative states in place prior to it, and not by any nation that didn’t. Your semantic game of applying a word overbroadly, to indict one system by lumping it together with another completely different one, carefully obfuscating the reality of world history, may be satisfying to your ideological zeal, but it is an affront to reason.

And your loathing of compromise is a loathing of the process which produced the Constitution you turn into an object of idolatry rather than the legal framework it was intended to be, for it was all about compromise. The basic argument has existed throughout our history, between “the Hamiltonians” on the one hand (ironically, the original “federalists,” though “federalism” then meant an argument for stronger rather than weaker federal government), and “the Jeffersonians” on the other (though Jefferson explicitly repudiated many of the notions you now enshrine as sacrosanct).

Steve Harvey: Okay, I can’t spend my life demonstrating the historical, legal, empirical, logical, economic, and just general folly of every bit of nonsense that Buddy Shipley insists is not only Gospel truth, but justification for social and political disintegration. Go for it, Buddy. The podium is yours and yours alone.

Aaron Michael: I added doughnuts to my new workout routine and have lost 35 lbs! Therefore, doughnuts made me lose weight. Steve, you also failed to mention the more appropriate correlation that the 20th century was by far the bloodiest and the perpetrators were those very same gigantic centralized states.

Buddy Shipley: Steve, that previous comment is perhaps the most cogent thing I’ve ever seen you write & share, if only it were not so long and rambling — dude, you need to focus better. I never suggested eliminating the state. The State is certainly th…e problem and direct cause for our economic crisis, but that is because it has exceeded its authority! I am no anarchist, although I’ve recently given it more consideration I still think anarchy is too unstable to survive aggressive parties seeking dominance. You are correct about the effect of a “reset,” and the emergence of groups using force for aggression and defense (now apply that to the current world). Force is essential in protecting individual rights, and the right to exercise that force has been granted to government, and yes, “limiting it and controlling it is essential,” else it might be turned against those it is intended to protect. But again, that is why the founders constrained the government’s authority with the limited powers enumerated in the Constitution! You seem to support these great ideas but then contradict your own position by endorsing ever more excessive government, legislating from the Bench, and progressive nonsense that only leads to more government excess! You do not seem to comprehend your own ideas. It’s certainly a concern that overthrowing our current government could result in even worse tyranny than what it has become. We must certainly seek to govern ourselves rather than depending on Big Government to do it for us, but that concept in and of itself is an ideology, perhaps one some might consider “raging & blind”… Our founders were “reasonable people of goodwill” and to that end they crafted the Constitution and Bill of Rights. We need to return to them. Also, they are only “vague documents” to those who wish to circumvent their intent and exceed the limits of power proscribed by them. In their wisdom the founders also incorporated the means to amend the documents, but our elected officials prefer to ignore that difficult hurdle and again exceed their authority! How is it you do not grasp this? Our Constitution defines the limited powers of government and distributes those powers among the three branches: Executive, Judiciary, and the bicameral Congress. When any of these branches usurps a power of another branch it is unconstitutional, a breech of the Public trust, and a crime that should be prosecuted, but instead goes ignored, thereby establishing precedent for the next breech, and the next, each more egregious than the one before. What you advocate, we already have, if only it were enforced. And finally, you’re wrong about the successes of socialism — it is a cancerous disease destroying every country it has infected.

Lawrence Depenbusch: What Buddy said…

Jacque Rhoades ‎:( Just looked at Steve’s profile, he is a teacher. Sad.

Steve Harvey: Aaron, I did not mention the perfect correlation between large administrative states and modern prosperity as proof of causation (though, unlike your doughnuts analogy, it wasn’t the offering of one anomalous example otherwise disproven by a flood of contradictory examples, since EVERY modern prosperous state has a large administrative infrastructure, and HAD one in place prior to participating in the post-WWII explosion of wealth. Furthermore, the ACTUAL socialist states, that HAVE universally failed, are distinguishable from these modern prosperous states in their political economic form, including the Western European states and The United States, despite the sloppy use of a single ideologically-charged, rhetorically exploited term to conflate them). I offered it as refutation of Buddy’s not only erroneous, but diametrically-opposite-to-​the-truth, statement, that all “socialist” states (by which he meant “states characterized by large administrative infrastructures”) have failed. What have failed are states which have dismantled market economies en masse, which the large prosperous states with large administrative infrastructures have not done.

As for the bloody twentieth century, since warfare is ubiquitous in human history, and states of all types and degrees of development have engaged in it to fairly similar, extensive degrees, the main cause of the distinction in degrees of violence in twentieth century wars is level of technology, thus leading to more destructive warfare, rather than form of state, which does not significantly distinguish the degree of warfare (independent of technological destructiveness) that occurred.

As for Buddy, he continues to ignore arguments and rely on insults and arbitrary declarations, since I argued why the Constitution does not answer all questions, and have previously argued why we are already following it in a systematic, rather than political disintegrative, way (through judicial review, by which determinations are made concerning the constitutionality of laws which do not degenerate into the wild and generally erroneious ideological assertions of a particular fanatical faction). Yes, the Founding Fathers were, taken as a whole, “reasonable people of goodwill,” who did not absolve us of the responsibility to do the same by ending history for us, but rather began our national “experiment” in a brilliant way on which we are challenged to continue to build.

Furthermore, Buddy: The reliance on attacks on style (your literary critique) is both irrelevant and evidence that you feel that merely addressing substance (focusing on the arguments and responding to them) is insufficient to the task of “winning” the debate. I was amazed at your accusation toward someone else of relying on ad hominems, since that is well over 90% of the content of your posts!

And Jacque: I’m a former college lecturer, high school teacher, professional researcher, and author (I’ve presented papers at professional meetings of economists, and my original scholarship is cited in several articles and books); and am currently an attorney who has worked as an independent policy consultant. I have no doubt that you find it sad that your ideology is rejected by those who know what they’re talking about (which is why you, plural, always complain about academics and journalists, supposedly all “leftists,” though you never quite manage to explain why it is that precisely those people who professionally acquire, analyze, and report information should happen to lean en masse in the direction opposite of your dogmas).

You (plural) rely on a bizarre combination of insisting that reason supports your conclusions, while rejecting all reasoned empirical arguments as “intellectual elitism,” and relying instead on a completely irrational semantic game (“since we can erroneously label the modern capitalist hybrid of robust market economies and large, economically engaged administrative states “socialism,” and can point to other states characterized by completely different political economic structures that are generally known as ‘socialist’ [though we will also engage in the revisionism of recategorizing states that were historically characterized by far-right rather than far-left ideology as “socialist” as well, simply naming all failed or reviled states ‘socialist’ as part of our absurd, blindly ideological form of ‘argumentation’], by this sloppy and meaningless equation we have proven that large administrative states are universally failures, despite the historical fact that no successful modern state has not had a large administrative infrastructure.”).

Steve Harvey: As I’ve told David previously, intellectualism doesn’t guarantee success (Marxism was indeed an intellectual paradigm, and a failure both theoretically and politically), but anti-intellectualism guarantees failure, and is an institutionaliz…ed part of all totalitarian states while absent from all modern, prosperous capitalist states. Our Founding Fathers were markedly intellectual, mobilizing classical and Enlightenment thought in the devising of our political framework, and no one is arguing that that intellectual achievement was a failure. Marxism itself was just one of several competing intellectual paradigms, not the only one, and once it prevailed politically, became an anti-intellectual paradigm (the rulers of Marxist and other totalitarian states universally persecuting intellectuals, who are the bane of the kinds of ideas that they and you profess, that are mere blind fanaticisms in service to concentrations of power and impositions of human suffering). We have no choice but to continue to use our minds to the best of our ability, fallible as that faculty is, because the opposite is far more disastrous.

Lawrence Depenbusch: Wrong Steve: It is not modern techonology that was the force that led to the death of so many in the last century, but the rise of PROGRESSIVE idealogy in the hands of media supported tyrants in Russia, Germany and China. Progressive leaders slaughtered millions of people, who did not share their idealogy. Progressive ideas kill…..

Steve Harvey: Sorry, Lawrence, but that’s your semantic game again. Russia, Nazi Germany, and China are examples more dissimilar than similar to Western Europe and The United States, on multiple dimensions. The sloppy use of the word “progressive” to mea…n “any state that I reject, regardless of dissimilarities,” may satisfy your ideological certainties, but it is poor argumentation. To take it a step further, the reality of the world is one characterized by variation along multiple dimensions, to varying degrees.

While you identify “state engagement” as the defining characteristic, it is in fact one dimension, that comes in dramatically varying degrees. Western European and modern American levels of state engagement are, in reality, strongly correlated to prosperity and freedom, while significantly higher degrees of state engagement (displacing markets and freedom of expression and assembly) are associated with tyranny.

This conflation of dissimilar things to argue your position is persuasive only to those who are rationalizing irrationality, not to those who are examining the world, and trying to understand it as it is. Ironically, Libertarianism and Marixism are quite similar in form, even while being substantively opposites, because both are utopian fantasies, divorced from our lived history and our incremental pragmatic social institutional evolution, attempting to impose an internally contradictory and easily debunked extreme absolutism on a society, in ways inevitably destructive to the real freedom and welfare of the members of that society.

Steve Harvey: There is error at both extremes, whether too much or too little state engagement. This is strongly evidenced by history, and strongly supported by any well-reasoned analysis. You cite examples of the error of too much state engagement (“Tyranny”) to defend an argument for too little, in opposition to the paradigm that is most supported empirically and historically as the most effective balance.

Lawrence Depenbusch: ‎”Giving money and power to government is like giving whiskey and car keys to teenage boys.” –P. J. O’Rourke >>> (…and Power in the hands of an institution that can tax and punish is even more odious)

Lawrence Depenbusch: ‎”Government is not reason, it is not eloquent; it is force. Like fire, it is a dangerous servant and a fearful master.” – George Washington >>> (For an educator -such as Steve- to cast off such primary wisdom against the danger of government force, shows him to be under the sway of this force that has fed him for decades and turned him into it’s guard dog—pity)

Lawrence Depenbusch: “Good people do not need laws to tell them to act responsibly, while bad people will find a way around the laws.” ~Plato >>> (Laws and courts are ultimately at a loss to control evil people, and so more laws tend to hinder the good more than constrain the evil)

Steve Harvey: Again, Lawrence, does that mean that we should have no laws? Everything should be legal, no use of force involved, and if someone decides to commit murder or steal or rape, laws are irrelevant, because good people won’t and bad people will? Or do we, more sanely, and more in accord with reality, recognize that laws play a vital role in regulating human coexistence, and that the question isn’t whether, but rather how and in what ways?

Quotes, BTW, are made in historical context, by mere human beings. Washington’s doesn’t imply that government is bad, but rather draws attention to the real challenges involved in using it well, made at a time when his emphasis was determined by his context. Listing quotes of revered (or not revered) individuals is not argumentation either. It doesn’t absolve us of mobilizing reason applied to evidence in search of understanding and in service to humanity. And even the most brilliant quotes, taken out of context and misapplied, can lead to appallingly erroneous conclusions.

Bumber-sticker wisdom, even when it is indeed wise, is not enough for self-governance; real analysis, mobilizing real data, in service to real understanding, can’t be by-passed by recourse to your version of pithy sayings to live by (a tactic which is used more often in service to ignorance and tyranny than in service to wisdom and freedom). If you want to make arguments about how best to govern ourselves, cite instead the Federalist Papers, which are extensive and in-depth (and are arguments for stronger rather than weaker federal government).

But, more importantly than all of this, recognize that you champion one position in a national dialogue of legitimately conflicting views; champion it, by all means, making your best arguments, and advocating for what you believe in. But engage in the debate with the desire to grow and learn, and, when necessary, to compromise with those with whom you sincerely disagree. Because this nation belongs to all of us, not just to any one radical faction. And we have in place many systems for deciding from among our competing views.

While I fervently disagree with the bulk of your ideological corpus, I also recognize that there are legitimate debates to be had over the balance between investing in our present and future well-being and taming our growing debt, over how best to balance our various social institutional modalities, over how best to maintain a robust market economy. I do not dismiss monetarist economic theory, because I recognize that there are very well-informed and intelligent people who champion it, and so it is incumbent on me to consider the possibility that it is the more valid position, or that it has some validity even if not the more valid position. The most important point is not about our conflicting substantive positions, but rather about our conflicting attitudes toward how to go about engaging in this substantive conflict.

I argue that we are best off, first and foremost, suspending our substantive certainties from time to time, and agreeing that our first responsibility is to strive to be reasonable people of goodwill doing the best we can in a complex and subtle world. We all need to admit that, no matter how well informed we are, we are fallible, and our own beliefs may be in error, those of our opponents may be correct. We all have to recognize that being a human being is being a work in progress, that none of us have the one, true, unassailable final answer on all matters. And on that foundation, we need to continue to build our wisdom, our humanity, and our commitment to being responsible citizens engaged in a common endeavor.

I may be wrong about everything else (and, if so, fervently desire that that be demonstrated to me, or that I be defeated in our political contests, because my commitment isn’t to what I now think I know, but rather to what I don’t yet know and must still discover), but I am right about one thing: We need to recognize that our competing ideological certainties, militantly held and insulated against evidence and reason, do not serve us well. Disciplines and processes that favor reason and goodwill have proven to serve us much better, and the more we are able to extend those individual and collective disciplines and processes into ever-wider spheres of our existence, the better off we will be.

Buddy Shipley: Steve, why do you always ALWAYS misinterpret and exaggerate everything we say?? NO ONE suggested we should have NO laws! I never said we should have NO state! For an educator your reading and comprehension skills F’ing suck! And as I’ve suggested to you on several occasions — LESS is MORE! Your overly-verbose rambling tomes are not going to get read — these are COMMENTS, not books. WTF?

Lawrence Depenbusch: “The government solution to any problem is usually at least as bad as the problem.” —Milton Friedman … It is not an ALL OR NOTHING situation. Realizing that government power is odious, that laws have unintended consequences, that evil is not often constrained by law, we ought to keep our laws general and few.

Steve Harvey: When I am arguing substantively, I try to mobilize evidence and reason to demonstrate what I perceive to be the dazzling empirical and logical weaknesses in the “arguments” dominating the opposition to my arguments on this thread. I see mostly sloppy semantic arguments, overapplying terms and then concluding that all forms stuffed into the overbroad terms are proven dysfunctional by the dysfunctionality of some of the quite different forms to be found in the same overbroad category (akin to arguing that cows must be meat eaters, because cows are mammals, and here are some examples of mammals that are meat eaters, proving that cows are therefore meat eaters too, despite the empirical evidence that they aren’t).

But I live my life with the recognition that what I think I know today may be demonstrated wrong in some or all ways, and so must listen to arguments, address them, respect that others believe something different from what I believe, and engage with the purpose of improving our shared understandings rather than with the purpose of showing how my dogmatic religion is THE RIGHT ONE and yours is THE WRONG ONE. Of all of the irrational positions dominating the arguments against me here, the most irrational of all is the sense of absolute certainty, often in complete contradiction of reason and evidence, though insulated by a shared and reinforced delusion that reason and evidence supports whatever you are certain is true.

We all need to start with the recognition that none of us has a monopoly on absolute truth, that we need to rely on evidence and reason and to whatever extent possible submit ourselves to those disciplines of the mind in pursuit of our understandings, and to know above all us that, if we are wise, what we are certain is the one infallible truth today will be shown to be in some ways less than perfect if we do allow reason and evidence to influence us. I have long maintained that the most fundamental political divide in America (and the world) isn’t between any of the conflicting substantive positions we hold, but rather between those who are absolutely certain of a dogmatic ideology in a world that they insist is really quite simple, and those who are committed to using their minds to the best of their ability to address the challenges of life in a world subtler and more complex than our understandings in any given moment.

For this reason, fundamentalist Christians and Muslims are more similar than different, and play a more similar than different role in the world; and Marxists and Libertarians are, in the same way, more similar than different, and play a more similar than different role in the world, despite the substantive diametrical opposition of their respective positions.

I accept, as a fundamental tenet of reason, that I may be mistaken about any substantive position, that evidence and reason must be given primacy over what I think I know, that I must submit to a discipline that goes beyond simply rationalizing my current certainties and be willing to let go of some and gravitate to others as reason and evidence dictate. The most urgent of all political projects is advocacy of that procedural commitment, that shared humility and shared commitment to reason.

Believe what you will, but believe it with the recognition that we exist in a world of conflicting views that are not neatly divided into those that are absolutely and infallibly correct (the ones oneself holds) and those that are absolutely and invariably wrong (the ones that others hold). The more people who take THAT step, the better off we will be.

Lawrence Depenbusch: ‎”I argue very well. Ask any of my remaining friends. I can win an argument on any topic. People know this and steer clear of me at parties. Often, as a sign of their great respect, they don’t even invite me” ~Dave Barry >> reminds me of Steve.

Steve Harvey: Lawrence, “general and few” is a vague phrase. How about “we ought to do the analysis, mobilizing all of the tools and information and reason at our disposal, to determine how much and in what ways to utilize government to optimal advantage, and minimal harm”? Real governance, real policy determinations, are information intensive endeavors, involving huge amounts of phenomena to be taken into account, and require an attention to details.

For instance, markets are easily gamed, at extraordinary and sometimes catastrophic public expense, by central players with unique access to sophisticated information, unless the public implements mechanisms to police those markets and prevent that gaming of them. That is a necessary government function in modern capitalist economies, the failure of which to perform is heavily implicated in every major economic crisis of the last century. But that demand is not captured by an absolute ideological commitment to “less” government.

Buddy complains that I misinterpret when I argue as if you are advocating for no government, but I do not misinterpret; rather, I follow the logical implications of your position. Unless you are arguing for a balance of government powers and their absence, then you are implicitly arguing for no government. And if you are arguing for a balance of government powers and their absence, then you need to recognize that we are faced with the challenge of determining what precisely that balance should entail.

The argument that that has already been determined by the Constitution is both false and a mere appeal to authority rather than an argument on point. It’s false, because, for instance, Art I, Section 8, clause 1 of the Constitution states that Congress has the power to tax and spend in the general welfare. It is up to us to elect members of Congress who do that in ways with which we agree, which means that the Constitution ultimately does not tell us what balance is to be struck between governmental functions and their absence. It’s an appeal to authority because the Constitution, while a brilliant document, is not infallible, and we are still responsible for governing ourselves, and considering when and how we might best serve that function by amending the Constitution when appropriate.

And, thank you once again, Buddy, for your valuable literary criicism. I consider this a debate about our self-governance, but if you feel the need to try to talk about something else, I understand completely.

Steve Harvey: Lawrence, let’s suspend the urgent issue of who and what we are or aren’t as individuals, and focus instead on the topics of debate. Respond to my advocacy that we all strive to be reasonable people of goodwill, recognizing our own fallibility, and acknowledging the irrationality of assuming that everything we believe is, since we believe it, the one absolute truth, while everything our opponents believe, since we do not believe it, is absolutely wrong. I would be happy for every other argument I’ve made to be disregarded, if this one compelling point be addressed.

Don’t you think we would serve ourselves better by saying, “okay, you have your position, and we have ours. Let’s back up here a second, look for merit in the opposing view, acknowledge that none of us has a monopoly on absolute truth, and work together as reasonable people of goodwill to arrive at common understandings and civil compromises as we engage in this difficult task of self-governance”? Or do you think that a mere war of conflicting fanaticisms is the height of wisdom and responsibility?

Buddy Shipley: What Lawrence said! Steve: re-read each one of those quotes and try to grasp at least a fragment of their author’s insight. For all your attempts at intellectualizing political ideologies you utterly fail to acknowledge the wisdom of the …ages stated so eloquently by the people who made that history. Instead of learning from the best of them you advocate expanding the worst of them! Above, Steve stated, “The state is our vehicle of collective action, our public agent, and free people using mechanisms by which they, in effect, ARE the state…” blah blah blah — BULLSHIT. He implies the state is our ONLY vehicle of “collective action.” WRONG! Our ‘state’ was established with the express purpose of protecting our Rights to Life, Liberty and Property, to set free each individual to pursue their own happiness, their own dreams, to allow each to live his life as he pleases — WITHOUT government intervention and impediments to those pursuits. To these ends our ‘state’ — the federal government — was granted LIMITED powers to exercise LIMITED authority over a very finite set of issues, all primarily concerned with protecting the aforementioned individual Rights. In this country the state is NOT all-powerful, its scope of power was purposely restricted to avoid the bloodshed, destruction and ultimate collapse of governments past. To be clear, the majority of power was specifically granted to the individual States and to the individuals in each State, NOT to the central government, as Steve seems to believe. Steve seems to be denying the right or ability of people to freely assemble and create organizations such as churches, clubs, companies, volunteer groups, non-profits, etc to take collective action that benefits them and others. As I’ve said before: Government is NOT a charity, and spending other people’s money is NOT philanthropy! Government mandated “contributions” are tantamount to theft; taken from each according to his ability, redistributed to each according to his need — as determined by government bureaucrats. Karl Marx would be proud! If you want to pursue any certain “social agenda,” I suggest you start your own charity for that express purpose. Do not assume it is any part of the role of government, or that your social agenda is the same as mine. The rights of the individual extend only until they infringe on the rights of others; your pursuits cannot impede, impair or steal from those of others. “What one person receives without working for, another person must work for without receiving.” (AKA: Theft). Moochers, looters, thugs and parasites, otherwise known as Liberals/Progressives/Demo​crats and labor unions, have no problem with that. The rest of us object.

Lawrence Depenbusch: ‎”Change is not a destination, just as hope is not a strategy” -Guiliiani- 9-3-08 (Busting the vague slogans of the Left)

Steve Harvey: Once again, are you willing to agree that we should all strive to be reasonable people of goodwill, working together to do the best we can in a complex and subtle world, or do you insist that there is only one absolute truth, and it is the …one that you hold to be true? Are you more committed to perpetuating our world history of endless religious and ideological wars, or are you more committed to seeking the common ground of proven procedures and disciplines?

Steve Harvey: What marks real progress is a growing commitment to such procedural discipline. The growth of scientific methodology revolutionized our understanding of nature, vastly increasing the signal-to-noise ratio in our contemplations of the phenomena that encompass and comprise us. The Constitution is a document establishing a procedural framework, the rule of law, through which we can settle our political and legal disputes in an orderly and rational way. Legal procedure has developed from “trials by ordeal” to a highly rational (if still imperfect) process, by which arguments are made and conclusions and resoutions arrived at.

Our political system is a procedure for deciding among relatively arbitrary ideological positions, but we can improve on that by all committing to procedures which make those competing positions less arbitrary, and narrow the contest more to those positions which fall within the parameters suggested by evidence and reason. Strings of bumper-sticker slogans do not define such a process; empirical, logical, analytical argumentation does.

Steve Harvey: Lawrence, I agree, we should not govern ourselves with slogans. So “busting the vague slogans of the left” with a pithy slogan from the right is not a solution to that deficiency, but rather a continued participation in it. We need governance not by competing bumper-sticker wisdom, by by competing arguments. That’s what I advocate.

Lawrence Depenbusch: In all labor there is profit, But mere talk leads only to poverty. ~Proverbs 14:23

Steve Harvey: More slogans. Do we agree, or don’t we, that we should all strive to be reasonable people of goodwill, humble enough to know that what we think we know may in any given instance be mistaken, and that the views of those who oppose us may in any given isntance be correct, and that we need to allow a vibrant public discourse, as disciplined by reason and evidence as possible, to sort that out? Do we agree, or don’t we?

Lawrence Depenbusch: ‎”A witty saying proves nothing.” ~Voltaire – and I say bye

Steve Harvey: I’ve asked this simple question repeatedly now, here and on other threads. I’ve received before flat out rejections of the notion (because, as Buddy once said, “liberals are neither reasonable nor have goodwill, so fuck you!”). This is what… defines the real divide, with dogmatists from across the political spectrum on one side, and people trying to engage in rational thought and discourse on the other. Which side do you want to be on in that struggle?

Steve Harvey: So, are we to be reasonable people of goodwill doing the best we can, with some modicum of humility, or are we Crusaders and Jihadists, Belsheviks and Tribalists, knowing that our own One Absolute Truth is the only Absolute Truth, and that …all who disagree with us are simply wrong, because they disagree with us? What’s it to be, the battle of Organized Ignorance against Reason and Goodwill, or an agreement to all strive to contain our disagreements within the parameters of reason and goodwill?

Steve Harvey: So, Lawrence, your fortress against Reason and Goodwill is impenetrable after all. What a surprise!

Steve Harvey: Funny, Lawrence, that after relying solely on a long string of witty sayings, you end with the witty saying that a witty saying proves nothing, in an argument against someone not relying on witty sayings at all, but rather complete empirical arguments. It’s disappointing that I’m the only one here who can appreciate the irony.

Lawrence Depenbusch: Steve thinks using more vague terms in longer sentences brings more clarity? Steve thinks only his witty sayings prove anything? Self-Love 101

Steve Harvey: Once again, Lawrence, I ask you: Do you want to strive to be a reasonable person of goodwill, engaged in a debate encouraging other people to strive to be the same, or do you want to insist that the purpose of this debate is to prove what a… terrible person I am? What matters more: Who and what I am, or the issues we are discussing? What is more on-point, and what better serves our public discourse, focusing on me, who you don’t like, or arguing on the debate we are having, in which two citizens of this country are presenting conflicting positions and hopefully both growing as a result?

Buddy Shipley: Reality Check: From the outset our governments were small, their duties few, their powers fewer, and they imposed a very small tax burden on the People. All of this is no longer true, and witness the result of runaway government: Deficit spending $1.42 for every ONE DOLLAR of tax collected! Annual Deficit spending is projected at $1.4 TRILLION! … JUST THIS YEAR ALONE — next year it will be higher. National Debt is now over $14.3 Trillion dollars! … That’s over 91% of GDP, which is NO ONE claims is sustainable. … The entire U.S. GDP is $14.6 Trillion, with no growth in sight. Service on the National Debt is $400 BILLION — EVERY YEAR! Liberals/Progressives/Demo​crats want to Borrow, Tax and Spend even more. Living within ones’ means is not “raging blind ideology” — it is only reasonable, prudent, wise and the fiscally responsible thing to do. To insist on doing otherwise is reckless and criminal, which sums up everything advocated by Liberals/Progressives/Demo​crats

Steve Harvey: Here’s my theory: This debate, and all like it, quickly become very personal, and as far removed from the substance of the debate as possible, because that is the only way to insulate your ideology from any information that challenges it. You simply ignore the FACT that all prosperous modern nations have the political economic structure (a large administrative apparatus) that you are condemning as unworkable.

You simply ignore the well-argued position that your ideology is a direct descendent of the ideology that has been on the morally, economically, and politically losing side of our national history since its inception, first championing The Articles of Confederation against The Constitution, then championing secession against the abolition of slavery, then championing Jim Crow over Civil Rights, and now championing a hamstrung government prevented from being used as our public agent to address the challenges which continue to face us as a people.

You ignore the economic arguments that you find inconvenient (while I do not; I grapple with them in order to continue to refine and challenge my own positions), the center of gravity of the entire discipline of economics (which is dominated by analyses which do not jive well with your ideology), and the realities of such things as “transaction costs,” which imply a larger role for government than you acknowledge (as demonstrated by 2009 Economic Nobel Prize winners Oliver Williamson and Elinor Ostrom, in their separate analyses on the role of extra-market institutional forms in the maximization of market efficiency).

You ignore the actual Constitution, which enumerates Congress’s power to tax and spend in the General Welfare, while errneously insisting that the Constitution unambiguously and unequivocally supports every article of faith you hold to be true. In fact, “ignoring” seems to be the basis of how you preserve and defend your position, engaging in the verb whose noun best describes your ideology and your attitude.

Buddy Shipley: NO Steve! Your premise is wrong from the start!

Steve Harvey: Reality check: No one is arguing against the need to address our balance sheet. Meeting that challenge, every reasonable person knows, requires both a decrease in spending and an increase in revenues. There are blind ideolgues on the left who resist the former, and blind ideologues on the right who resist the latter. Reasonable people seek real solutions.

As an economic matter, it is a non-linear proposition, so that some of the best solutions are counterintuitive: There are ways in which current investment is the best way to reduce future debt, and an economically and fiscally intelligent policy is not the one that uses your sledge-hammer understanding of the challenges involved. Furthermore, our debt has consistently grown more rapidly under Republican than Democratic administrations over the course of the last 30 years, with only the exception of Obama’s response to an economic crisis catalyzed by right-wing deregulationary fervor and a commitment to siphoning wealth upward into ever fewer hands.

Steve Harvey: But let’s get back to the real question: Regardless of which of us is right or wrong on these substantive issues, can we all agree to strive to be reasonable people of goodwill, exercising enough humility to acknowledge that any of us may be right or wrong on any given issue, and that we should try to build that recognition into our discourse and into our political process?

Buddy Shipley: You assume that because we condemn what the states have become that we are also condemning what they once were, but we don’t!

Buddy Shipley: I do not have time to prattle back and forth with you — some of us have to go earn a living/

Buddy Shipley: But Steve! LIBERALS never admit losing an argument, when they sense they are losing on any given point they just change the topic to a straw man or red herring and declare victory!

Steve Harvey: So, Buddy, you can’t admit to the possibility that you might be wrong about anything? I will: I might be wrong, on any position that I have argued. I hold every substantive position tentatively, submitting it to the continued lathe of evide…nce and reason. Can you meet me there, agreeing that none of us is omniscient, that our conflicting positions require an ability to recognize that no one of us or one faction of us has a monopoly on all truth? Why are you so resistent to this notion?

Buddy Shipley: Of course I can! Why just the other day I thought I was wrong, but then I realized I was mistaken.

Steve Harvey: First of all, I’m only “losing” this argument in the minds of people too deluded to acknowledge any of the evidence or argumentation that has been put into play. Secondly, arguing against ideological dogmatism and inflexible false certainty is not “a red herring,” but the most essential of all issues on the table. It forever astounds me that your entire ideological camp so consistently tap dances around the obvious: You represent (along with some counterparts on the Left) the historical norm of blind ideology and religious fanaticism. That is the core truth that you are so thoroughly insulated against that you can’t answer the question: Will you commit to striving to be reasonable people of goodwill engaged in a public discourse in which we have yet to determine where absolute truth lies?

You can’t make that pledge, just as Christian Fundamentalists, and Islamic Fundamentalists, and Bolsheviks, and Nazis, and Khmer Rouge, and all other militant fanatical ideologues throughout history are unable to make it. Because you represent and fight for the opposite of reason and goodwill.

Buddy Shipley: We are witnessing the collapse of socialist economies all over Europe, and the unelected powers-that-be expect the remaining Eurozone countries to save the others. This, too, is unsustainable. As Margaret Thatcher said, “The trouble with So…cialism is that eventually you run out of other people’s money.” But Liberals/Progressives never learn from these mistakes, they just change their label and argue a different issue, and keep repeating the same failed behavior expecting different results. They are insane. And some of us must work… fin

Steve Harvey: You see? You have repeated a falsehood that I pointed out in one of our recent discussions, to shore up a position that is not supported by the evidence. We are NOT witnessing the collapse of “socialist” economies all over Europe. The German economy, which is far more socialist than ours, has outperformed ours for decades, was less affected by the recent economic crisis than ours, recovered from that crisis sooner, and is not facing any of the credit issues that Greece and Ireland and some others are.

What we learn from those countries that are in crisis is that what they specifically did must be avoided, not that all members of some overbroad category in which you place them is discredited by their failures. Again, meat eaters and mammals; not the same thing.

Buddy Shipley: Only seems wrong to Marxist polyps like you, Steve.

Buddy Shipley: Ask Big Government Spenders, How much government is enough? Or better yet, how much can we afford? Clearly we cannot afford the bloated over-reaching behemoth we now have. Clearly this is not what the framers intended, else they would have… created most of it at the outset. And WHY do those who favor big government and bigger spending steadfastly REFUSE to acknowledge their failures, and why do they insanely insist on repeating the same behavior expecting different results? Environmental Protection Agency: $10.5 Billion The EPA may have served a positive role when first established, but no more. It’s become an apparatchik of the Marxists in DC and it continues to grow like a metastatic cancer. The EPA and the Dept of Energy, along with the current administration, are a clear and present danger to our nations. SHUT THESE SOBs DOWN IMMEDIATELY. Energy Department: $26 Billion The U.S. Dept of Energy has utterly completely failed to attain its 1977 prime directive of U.S. energy independence and should have been terminated decades ago. Instead of euthanizing this diseased sow, DoE’s budget has grown to more than $26 BILLION this year. Instead of pursuing their mission, the fools at DoE are pursuing investigations and filing lawsuits against American businesses! PULL THE PLUG ALREADY! Education Department: $71 Billion, plus ARRA: $23 Billion (and more?) The U.S. Dept of Education is an insatiable and dismal failure. Throwing more money down this rat hole will not do anything to improve education; gutting this bloated pig and returning those tax revenues to the states will keep more money closer to the students where it belongs. There is NO justification whatsoever for a federal Department of Edumacation, Constitutionally or otherwise, and again it is a malignant out of control bureaucracy that defeats its own reason for existing. Fannie/Freddie Bailout cost taxpayers $7 Billion per month (Already totaling $1 Trillion ~ $1.4 Trillion) Their liabilities alone could increase the national debt by $7 Trillion. The GSEs, Fannie Mae & Freddie Mac must be shut down and everyone involved investigated and the corrupt indicted and imprisoned, along with the politicians guilty of passing legislation such as the CRA and compelling banks to make bad loans to unqualified borrowers (ie, “sub-prime” borrowers). Instead of blaming lenders for making risky loans resulting in the mortgage meltdown, blame the politicians that compelled them to make such loans; one of those misguided pieces of legislation is euphemistically called the “Community Reinvestment Act” (CRA), starting with Public Enemy #1: Barney Frank and gang. ALL of these government departments and agencies have FAILED HORRIBLY and have been contributing to the demise of our country for decades! WHY keep raping taxpayers to fund them?? Then there’s the oppressive and abusive IRS that enforces the raping… Internal Revenue Service: $13 Billion Eliminate the IRS and save $13 Billion immediately*! Americans spend over 6 Billion hours and billions of dollars yearly struggling to comply with the tax code. If we eliminated the U.S. Tax Code or at least simplified it and made it less onerous we could eliminate the IRS, immediately saving taxpayers $13 Billion, plus do away with the costs shouldered by individuals, families and businesses to pay for tax accountants and lawyers, which are totally unproductive and a waste of everyone’s resources. It would also reduce (or eliminate) tax evasion thereby increasing revenues as it increases peace of mind and insures domestic tranquility… Tax forms could be reduced to a 3″x5″ card and tax collections could be outsourced to several Temp Services – or maybe even the US Postal Service (they need the work!). *The IRS Oversight Board recommended $12.914 billion for 2011, an increase of $767.7 Million over the FY2010 budget of $12.146 Billion. This recommendation is $280.6 Million above the President’s FY2011 request of $12.633 Billion for the IRS. The Board’s recommended budget is 2.2 percent higher than the President’s request. I think these numbers are modest, and by no means do these few items address ALL the government’s insanely expensive, reckless and feckless failures. Not even the proposed $500 Billion in federal budget cuts will solve our fiscal problems, yet Democrats laugh and scoff at the mere suggestion of it – these bastards must be held accountable, indicted, impeached, dragged out of their offices in cuffs, publicly tried, convicted and imprisoned or better yet, sent to Gitmo for use as waterboard practice dummies.

Steve Harvey: It’s mind-boggling the extent to which you carefully avoid making any actual argument, or getting paste the absolute equation of “government engagement” and “socialism.” as if there are no degrees or differentiations to be found within everything you are able to stuff into that word you depend so completely upon.

Garrett Whitehorn: All of you, please! Ad hominem attacks have no place in a battle of reason! If this was in response to a status of mine, I’d have deleted a lot of these comments for that very reason. I’m especially disappointed in you libertarians/conservatives​ … you’re supposed to be better than that.

Steve Harvey: You know, Buddy, in reality, I’m exactly as opposed to Marxism as I am to your ideology, for exactly the same reasons: It is logically and empircally and politically and economically untenable. I am strong believer in the robustness of mark…ets, and in the dangers of not recognizing the salience of individual incentives or the importance of emphasizing personal responsibility. But you are so lost in oversimplifications and overgeneralizations and mischaracterizations, unable to distinguish between green and orange because both have a bit of yellow in them, that such distinctions are defined out of existence, and the ideology built on that contraction reflects the loss.

Steve Harvey: Here’s something I just wrote to a friend, joking with me about how I am “WRONG, WRONG, WRONG, WRONG” (to which I replied, “you forgot to call me ‘asshole’!”), which bears repeating: “here’s some irony for you: I actually assume that I AM w…rong, to some degree or another, on almost every substantive position I hold, because the truth is almost always subtler than our representations of it. To me, this more than anything else is the distinguishing characteristic in the debate you are referring to, and others like it.”

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The benefit of striving for the ideal of “the rule of law” is that doing so imperfectly seals out human caprice and the unrestrained exercises of power that such caprice enables. But it does so at a cost, for striving for the ideal of “the rule of law” also imperfectly seals out the ability of unrestrained minds to make nuanced, context-sensitive decisions on a case-by-case basis. The lathe of history, spun with an eye to maximizing the benefit while minimizing the cost (though also with the bias of power resisting its own marginalization), has carved out a balance between relative objectivity (“blind justice”) and nuanced human judgment by allowing decisions in the interstices of established law to continually create new and finer filaments reaching into the endless inner-space of novel fact patterns.

Combined with this is the political game of testing how much ambiguity can be read into words and phrases given from above in the procedural flow-chart of legislating, executing, and adjudicating the law, and to what extent that real or imagined ambiguity can be exploited to stretch and fold the law to desired ends.

While I am about to describe the dynamical, evolving legal structure generated by these forces in static, structural terms, it’s important to remember that it is really an on-going process, one consisting of the movement and manipulation of human cognitions (see The Evolutionary Ecology of Social Institutions and The Fractal Geometry of Social Change for a more comprehensive description of this more general phenomenon). The specific sphere of human cognition most centrally implicated in the generation and evolution of the legal structure is that which is encompassed by policy analysis and legal reasoning, the latter representing finer filaments of the former. As I wrote in a law school final exam essay: 

Legal reasoning is artificially constrained policy analysis. If ethical and political discourse is a ship adrift at sea, then legal reasoning is a ship that has dropped an anchor too light to keep it from drifting, but heavy enough to drag on the seabed and restrict it’s meanderings. Even when the anchor momentarily snags on the kelp of a particular law or legal theory, the ship of legal reasoning still swings in broad arcs defined by the length of the anchor line and the currents of the sea. Of course, the anchor itself, its weight and the length of the line, and the kelp upon which it snags, are shifting functions of the drifting ship rather than exogenous parameters, byproducts of generations of ethical and political reasoning which themselves drift with the judicial-political zeitgeist. And not one but many ships are adrift at once, exploring many areas of law, proliferating and occasionally pruning the thickening forest of kelp while becoming entangled in the growing vines. Legal reasoning, therefore, is a subset of policy analysis, with tentacles branching like veins throughout the universe of ethical and political discourse, according to a fractal geometry generated by an algorithm of “distinctive . . . argumentative techniques” and limiting rules.

The U.S. Constitution and the English common law, together, provide the broad framework within which this cognitive process takes place. The English common law (the accumulated law created by court decisions over the centuries) was adopted and continued by the new United States, the Constitution being the first codification of our own will carved into it. Gradually, Congress and state legislatures continued this process of codification within the universe defined by common law, enacting statutes which superceded the common law, sometimes merely codifying it and sometimes overriding and replacing it. These two levels (state and federal legislation) articulated in their own way, with states building on federal law, and federal law sometimes nationalizing widespread state laws.

Eventually, the complexity of the economy and our demands on government generated the need for finer filaments of codified law, a finer elaboration within the framework of statutory law. Congress (and, to a lesser extent, state legislatures) increasingly delegated essentially legislative responsibilities to executive branch administrative agencies, which promulgated regulations designed to specify more precisely how to define the broad statutes passed by Congress.

As can be seen from the above discussion, the legal structure in America is recursive, with the broad, general outlines of common law and the Constitution filled in by more massive and specific statutes, which in turn are filled in by yet more massive and specific regulations, all carving out codified law from the space historically occupied by common law. But this recursiveness occurs not just in enacted and codified law, but also in the evolution of common law itself, with court decisions occasionally encountering novel fact patterns not perfectly anticipated by existing common law, and, like occasional mutation creating new species, coming to decisions in response to these anomalies which generate new inner-spaces of common law.

This does not exist independently of the courts’ role in interpreting Constitutional, statutory, and regulatory law. Not even the fine filaments of regulatory law can anticipate all contingencies. Courts are left to decide cases in which, occasionally, the specific facts fall within the inevitable remaining gaps in Constitutional, statutory, regulatory, and common law. (In regulatory law, this occurs first in administrative courts with quasi-judicial functions, and only sometimes then end up in Article III judicial courts). This is the mechanism by which the finest filaments of our legal structure are forged.

One can discern in all of this the complementary fractal geometry of government, which exists to create (legislative branch), implement (executive branch), and interpret (judicial branch) the law. Our founding legal and governmental blueprint (the Constitution) provides the simple formula that, when iterated and reiterated over time, generates the branches and twigs and tiny veins of both government and law.  The three branches of government exist at the federal, state, and local levels (the executive and legislative often being combined at the local level, particularly in county commissioners).

Congress is mirrored at the state level by state assemblies and at the local level by city councils, county commissioners, school boards, and transportation (and other special district) boards. The federal executive branch, headed by the president and including the Cabinet and the major executive branch agencies under the control of these secretaries (e.g., departments of state, interior, defense, etc.), as well as the proliferation of regulatory agencies created by Congress, is mirrored at the state level by the Governor’s office and state level administrative agencies, and at the local level by city mayors, county commissioners, school superintendents, and special district board chairmen. Similarly, federal courts (comprised of appellate circuits which in turn are comprised of federal districts) are mirrored, recursively, by state courts (comprised of state districts), county courts, and municipal courts, with specialized courts tucked into this structure. Quasi-governmental entities such as HOAs fill in some of the remaining gaps.

Inevitably, some of this is excessive, redundant, and wasteful. The underlying algorithm generating, continuously, this complex fractal of law and government doesn’t have an “off” switch, and is over-productive in part because of political pressures both to try to cover all bases and to appease all interests. And some of it is oppressive, imposing an excess of controls on individual freedoms, particularly at the micro-quasi-governmental levels (e.g., HOAs).

But the wastefulness and oppressiveness of this throbbing, organic entity tend to be exaggerated, and its utility underappreciated. Some of the redundancy is functional, providing checks and balances, and allowing for efficiencies of less cumbersome and expensive recourses as a first response, in order to siphon off the simpler issues and filter out all but those that need to continue up the hierarchy into more elaborate and involved processes, leaving each issue addressed at the level most appropriate for it. And rules, in reality, can liberate as well as oppress, protecting rights and coordinating our coexstence without requiring us to spend all of our time and energy ordering our coexistence from scratch in an endless trap of institutional amnesia.

The massive size of bills drafted by Congress is as much a function of the complexity of the world in which it is legislating as of the political processes that cause accretions of “pork” to glob on to every piece of legislation. Some of that bulk is due to Congress’ healthy desire to cede as little power as possible to the executive branch, for once enacted legislation leaves Congress and enters the administrative infrastructure, Congress loses control of it. The more gaps Congress leaves to be filled in, the more those administrative agencies end up writing the law, and rewriting it in accord with successive presidents’ ideologies. In other words, even while our laws are a messy product of an imperfect world, they are amazingly adapted to the complex challenges of that complex world even so.

What’s left over after Congress, state legislatures, and local governments carve their enacted law into the space of haphazardly evolved common law is the inner-universe of the unforeseeable, to which the organs of legal production must constantly respond and adapt. This is the function, first, of the judicial branch, at all levels, addressing, on the margins, unique circumstances unanticipated by both existing common law, and existing federal (constitutional, statutory and regulatory), state (constitutional, statutory and regulatory), or local law.

When existing law cannot be interpreted in service to reason, the courts generally must submit to the unreasonable, while, in their written opinions, sending a message to legislators that there is a defect requiring their attention. Depending on the egregiousness of the defect and the political obstacles involved, the defect may or may not be remedied. This process can certainly be improved upon, lubricated and rationalized. While the lathe of time places a constant pressure in favor of doing so, the institutionalized resistance to that pressure can be quite obstinate.

All of this articulates with the processes described in Adaptation & Social Systemic Fluidity, The Evolutionary Ecology of Social Institutions, The Fractal Geometry of Social Change, The Evolutionary Ecology of Human Technology, and The Politics of Consciousness. The waxing and waning technologies, social institutions, and ideological beliefs reverberating through the social field create the environment within which the above described processes occur and to which they respond, and the above described processes, in turn, further modify that environment and, by doing so, affect the complementary processes of technological, ideological, and social institutional evolution. The ebbs and flows, expansions and contractions, of all aspects of the social institutional landscape, including technologies, ideologies, religions, norms, rituals, beliefs, and laws, are intertwined and mutually formative.

There are many portals of human intentionality into this system. In fact, it is comprised predominantly of human intentionality. Every act by every person either reproduces or slightly modifies some aspect of this dynamo. Human will and ingenuity insinuates itself in particularly salient ways in several fields, such as academe, writing (both fiction and non-fiction), and engineering. But, of all of these, there is something particularly important about politics, about how we exercise our will in the on-going refinement of the formal rules by which we intentionally provide a context for this all-encompassing human enterprise, a context which determines how robustly our imaginations are activated and their products realized. For it is through the political process that we consciously determine how well or poorly we manage to liberate The Genius of the Many, which is the most valuable of all human and natural resources.

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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.

Buy my e-book A Conspiracy of Wizards

(Continued from “Wonderful Life,” Part II; see “It’s a Wonderful Life,” American Political Edition (Parts I-V) for all five parts combined and revised)

“Second,” the angel 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 populists 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 right today, launch the 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 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 successful neighbors to the north and south (in this alternative 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 having prevailed in Europe and, eventually, having threatened 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, 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.”

(Continued in “Wonderful Life,” Part IV)

I finally clicked on and opened this little treasure trove of wonders on The Economist website (http://www.economist.com/blogs/democracyinamerica/), and discovered (at the top of a string of interesting posts) a post which suggested, tongue-in-cheek, that foreign participation in American democracy (ala foreign money financing political speech) is only just and right, since American hegemony means that American decisions increasingly directly and indirectly affect the lives of foreign nationals.

As I’ve argued before (http://coloradoconfluence.com/?p=243&cpage=1#comment-12), there isn’t really such a vast difference between “empire” and “federalism” as we sometimes pretend. The Tea Partiers, as sometimes happens, are actually right to conflate the two, though wrong in the oversimplistic moral-political judgment they impose on that similarity: Such political consolidation generally yields both aggregate and broadly (if not equitably) distributed benefits that shouldn’t be disregarded. It also involves the institutionalization of uneven distributions of power and influence.

As many people around the world viscerally realize, American hegemony is not really that far removed from American empire, just as Roman hegemony during the late Republic was not all that different from the Roman Empire that followed. And the Southern states that rebelled in defense of slavery were far more accurate than the Northern zeitgeist acknowledges when they (the Confederates) claimed to be heirs to the revolutionaries, fighting against a centralized federal/imperial government telling them what to do.

Of course, the American Revolutionaries themselves weren’t all that anti-imperialistic a mere 13 years before the signing of the Declaration of Independence, when they were still proud and loyal British citizens. It was their disappointment in the wake of the French and Indian War over a set of British policies that was less favorable to them than they would have liked that quickly eroded their love of empire (the policies in question included the abandonment of the long-standing British policy of “salutary neglect,” sparing the colonies the taxes levied on everyone else in order to give them an opportunity to grow prosperous, which they did; the protection of the Indian tribes in the newly acquired Ohio Valley from colonial expansion; and tolerance of the French language and Catholic religion in the newly acquired Canadian territory).

Our attitudes (like those of our founding fathers) toward political consolidation and centralization are generally situational, less indignant when it is serving our interests, and more indignant when it isn’t. Two ideological cross-currents have entered that stream, one which views any exercise of power over those who are not constituents of that power (i.e., members of the electorate of those who exercise it) as unjust and unacceptable; and one which, bizarrely, sees any consolidation of democratic agency within the nation (over those who elect their representatives) as an affront to liberty, but at least a significant faction of which is not particularly concerned about exercises of power abroad (over those who have no democratic say in the matter), except to the extent that it inconveniences them. (To their credit, another faction of this latter group are true isolationists, but, as I hope I make clear below, though that may be more consistent, it isn’t at all functional).

Both of these ideological cross-currents to some extent confuse the issue, the first by positing that humanity is best served by the eradication of all injustice (something that, if successfully prosecuted, leads to universal destitution), and the second by thinking that humanity is best served by the eradication of all power (other than, for some, that which the nation projects abroad), something that, if successfully prosecuted, leads to social disintegration and a very dramatic contraction of wealth and well-being (whether at the national or global level).

While I am not unaware of the beneficial, if not necessary, role of hegemony in the world, simply because the preferable path of global confederation is too obstructed by a tangled and brutal mess of vested interests to keep pace with the overwhelming need for some degree of global governance, I certainly recognize the injustice of it, and even more so when hegemony is exercised particularly irresponsibly (as it was throughout the first eight years of the new millennium). I’ve written about that demand for global governance (Problems Without Borders ), and about the aristocratic arrogance with which that demand has been met, when it’s been met at all (Lords and Serfs on the Global Manor: Foreign Aid as Noblesse Oblige ). But social organization, perhaps in all forms, involves some distribution and exercise of power (even decentralized normative control does). That’s just a reality we have to deal with, and far preferable to the alternative (a Hobbesian “war of all against all”).

The issue isn’t that the power exists, but rather how it is distributed, how it’s checked and balanced, how it’s contextualized to best serve the interests of those under its umbrella and to protect the vulnerable from abuses. We should want to live in a world capable of organizing across national boundaries to face international challenges and take advantage of international opportunities. But we should also want it to be done, to whatever extent possible, in a way which does not, systemically and consistently, serve the interests of some at the expense of the interests of others. We should want it to be done democratically.

America no longer trusts the world enough to be in the vanguard of its democratization as a world. We have, for some time, exercised our hegemony with disdain for the voice and will of those over whom we are exercising it. This is neither just, nor, in the long run, functional. Maybe it’s time we returned to the dream of Wilson and FDR that we usher in a new age of international organization, and sought ways to give those over whom we reign some small voice in how they are ruled.

I am not, of course, suggesting that we extend rights of direct or equitable participation in American democracy to the world’s population, but rather that we continue what had been evolving for two centuries or more; the gradual forging of a weak but functioning overlay of global governance. From the Concert of Europe in the wake of the Napoleonic Wars, through the League of Nations, to the United Nations, the modern developed world (repeatedly abandoned by the United States in the effort) has haltingly and imperfectly tried to forge workable institutions comprising a weak overlay of participatory global governance, each incarnation a little stronger and more functional than the last.

The United Nations is hopelessly flawed, it is true, but so was The United States under the Articles of Confederation. Hopeless flaws invite hopeful reforms, not an abandonment of the challenge the flawed institutions arose to meet. We probably need a new incarnation of this necessary part of the global institutional landscape, one which has more direct subnational representation and less deference to often parasitic national governments that don’t necessarily represent their people’s interests, and more participation of transnational, extranational, and supranational organizations that are key players on the world stage. But America has to continue to aspire to be more than a mere hegemon pursuing its own interests in the global arena; we must aspire to be the “leaders of the free world” we have so long claimed to be, and, as leaders committed to democratic ideals, continue to seek and find ways to include those who are led in the decision-making processes which affect them.

Glenn Beck, still twirling his baton in the vanguard of the wing-nut parade, while busily calling all people who disagree with his, ah, “imaginative” interpretations of U.S. History and the U.S. Constitution (which includes, I would wager, somewhere north of 99.99% of all American Historians and Constitutional Law scholars) “idiots,” demonstrated for us what a non-idiot such as himself understands: That slavery was fine until the federal government stepped in to regulate it (http://www.examiner.com/political-buzz-in-national/glenn-beck-claims-slavery-was-not-really-bad-until-government-got-involved). It’s difficult to select which aspects of this absurdity to comment on, but I’ll choose one that is not completely obvious, but is most relevant to the ideology that Beck represents: Defense of the institution of slavery (and, after abolition, of systematic institutionalized discrimination) was tightly intertwined with states rights advocacy throughout the history of this nation until at least the 1960s, when the federal government, in the culmination of a national-history-spanning evolution prioritizing the protection of individual civil liberties over states’ and private rights to violate them, passed the Civil Rights Act of 1964.

Beck got it exactly backwards: It was federal government intervention that had always both threatened to end, and eventually, against the most violent opposition yet against it, actually succeeded in ending, slavery, and ending government sponsored discrimination against African Americans. And it was this precise role of the federal government, regarding this precise topic, that always was at the heart of states’ rights advocacy, and anti-federal government fervor. Whether the Tea Party is a predominantly or implicitly racist movement today (a hotly debated topic), it is certainly heir to the anti-federal government ideology that racists depended on throughout our history to protect and perpetuate their right to institute and enforce their racism in law. Defining themselves by reference to slavery (which their ideological forebears defended and perpetuated) is just not a smart move.

Susan Greene of the Denver Post, with whom I generally agree, was, I think, slightly off mark today in her overzealous definition of how broad a range of speech is, or should be, protected by the First Amendment (http://www.denverpost.com/greene). The Supreme Court has yet to decide whether Kansas pastor Fred Phelps has the right to mar the funerals of fallen soldiers by holding demonstrations within sight of them holding placards with such endearing phrases as “Thank God for Dead Soldiers.” Without trying to decide the case on the legal merits, I will definitively state that I think it would be good public policy to outlaw such speech in such a context, nor would doing so be a clear violation of the First Amendment (the Supreme Court will decide whether it is a violation at all, by exploring the nuances of the issue).

Free Speech protections have always been limited in certain ways to protect other rights or public interests that might be violated by speech (e.g., laws against libel and inciting violence, and diminished protection of student speech in public schools). Time, place, and manner restrictions have always applied (you can’t disrupt any event or meeting in any way you please); the kind of “forum” involved, even when a government forum, affects how much freedom of speech others have. Private forums are that much more protected. Obviously, if the funeral were in an enclosed private space, Phelps would have no right whatsoever to violate that space. The lack of walls blocking the view from a cemetery is hardly a major legal distinction. Given the ways in which we have delimited freedom of speech in the past, I think that protecting mourners from the harassment of such speech at the time and place of mourning is well within the range of a reasonable exception to free speech protections.

Research suggests that people who believe in God tend to conceptualize God in one of four ways: Authoritative, Benevolent, Critical, or Distant (http://abcnews.go.com/WN/book-religion-examines-ways-americans-perceive-god/story?id=11825319). Unsurprisingly, which view of God we adhere to correlates to gender, race, socio-economic status, and educational-level, and to particular social and political orientations. The irony, of course, is that right-wingers, who claim to be the defenders of liberty, tend to believe in an authoritative God who, by divine right, sharply circumscribes what liberty we should allow ourselves and others to enjoy, whereas progressives tend to believe in a more remote God, who leaves us with the responsibility of creating our own destiny.

Freedom, once again, has less to do with how free we are from our own democratically elected government than with how free we are from our own lack of imagination (or surplus of self-shackling imagination). Freedom is not a function of crippling the primary vehicle we have developed for exercising our wills in cooperative and coordinated ways (i.e., government, at all levels, including federal), but rather a function of how able we are to imagine that we are indeed free, charged with the responsibility of wisely and compassionately confronting the challenges and opportunities that we face here on Earth.

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(This is the first 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.)

Every now and then, you encounter an argument you’ve been making for years, made far better than you’ve ever made it. And such was my pleasure a few moments ago, when I read this week’s “Lexington” column in The Economist (Lexington is the weekly column about America), titled “The Perils of Constitution Worship: One of the Guiding Principles of the Tea-Party Movement is Based on a Myth”  (http://www.economist.com/node/17103701?story_id=17103701).

Among the many sage observations made by the author, was one I’ve repeated in at least a dozen “debates” with tea-partiers: The Constitution was not drafted to check central government and preserve state or individual rights, but rather to do the exact opposite, to create a central government with teeth. And, of course, the Constitution doesn’t actually contain all the answers to all of the challenges we face as a society, nor all of the information necessary to define the scope and range of our federal government. The notion, as the author notes, is simply infantile.

George Lakoff, in The Political Mind, notes that while both conservatives and progressives rely on a metaphorical narrative of “family” to understand government, what distinguishes them is that conservatives rely on a metaphor of the authoritarian, patriarchal family, while progressives rely on the metaphor of an empathetic and nurturing family (thus “the nanny state”). Ironically, the claim to be rooted in a commitment to individual liberty is belied by the deference to some ultimate authority that deprives us of responsibility to meet the challenges of our own day as free individuals. Like the fundamentalist religious zealots that so many of them are, thumping the Constitution with the same blindly dogmatic fanaticism that they thump the Bible, they are relieved of their responsibility to know or understand anything by the presence of an infinitely wise and infallible final authority, one in print, one that answers all questions and resolves all disputes, the final word from on-high.

Of course, the Constitution is a brilliant document, made more brilliant by what it doesn’t say. It doesn’t address the minutia of how we must govern ourselves, but rather sets out the general principles. And, as is so often the case, those principles are rarely more egregiously violated than by those who most zealously claim to be the defenders of the faith.

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