Thursday, December 20, 2012

The Web of Privilege

at First Unitarian Church of Athol, Massachusetts
December 9, 2012

Opening Words

"What you believe depends on what you’ve seen, -- not only what is visible, but what you are prepared to look in the face." -- Salman Rushdie

Meditation

from Leo Tolstoy's novel Anna Karenina:

Levin had often noticed in arguments between the most intelligent people that after enormous efforts, an enormous number of logical subtleties and words, the arguers would finally come to the awareness that what they had spent so long struggling to prove to each other had been known to them long, long before, from the beginning of the argument, but that they loved different things and therefore did not want to name what they loved, so as not to be challenged.

He had often felt that sometimes during an argument you would understand what your opponent loves, and suddenly come to love the same thing yourself, and agree all at once, and then all reasonings would fall away as superfluous; and sometimes it was the other way round: you would finally say what you yourself love, for the sake of which you are inventing your reasonings, and if you happened to say it well and sincerely, the opponent would suddenly agree and stop arguing.

First Reading

In Sacred Ground , Eboo Patel quotes Jesse Jackson saying this to a Muslim group in the wake of 9-11: 

You have a choice to make right now: You can talk about an America where your people don't get sent to the back of the bus, or you can talk about an America where no one gets sent to the back of the bus.

Second Reading

Last summer, Wayne Self's Owldolatrous blog suddenly went viral because of a series of posts about the Chick-fil-A boycott.

Chick-fil-A had long supported "family values" organizations that not only work against gay rights in this country, but also try to make homosexuality punishable by life imprisonment or even death in countries like Uganda. The company's policies finally came to public attention when their president, the Founder's son Dan Cathy, went on a talk-radio program and said that supporters of marriage equality for gays have a "prideful, arrogant attitude" and are "inviting God's judgment on our nation". That led to a boycott against Chick-fil-A, which Wayne Self, a gay man, wanted to promote. 

Now normally, the way you promote something like that is you stand on the barricades and yell about what evil bastards the people on the other side are: We're the good people; they're the bad people.

But Self did an unusual thing: He didn't just try to rally the troops who already agreed with him. He decided he wanted to convince people who either hadn't been involved in this issue, or maybe even had been leaning the other way.

So he didn't write rants. He wrote fables, he told stories, he had heart-to-heart dialogs with the commenters on his blog. Most important of all, he did not put himself on a pedestal and demonize his opponents.

Instead, in this post, he talked about an attitude we all have to struggle against,which he called supremacy and defined as "the habit of believing or acting as if your life, your love, your culture, your self has more intrinsic worth than those of people who differ from you." And he focused not just on denouncing heterosexual supremacists, who think their relationships have more intrinsic worth than gay relationships, but also on his own struggle to overcome supremacist attitudes:

I grew up in the rural South. I never hated African-Americans. I never knowingly said or did or voted in any way that hurt African-American people. I even had African-American friends. But I’d be lying to you if I didn’t admit that some white supremacy seeped into my thinking at a very young age. This is a painful thing to admit. Even now, I find I can’t go into specifics, from sheer shame. ...

Some people turn supremacy into an over-arching philosophy. For most, it’s just a habit of mind. As a habit of mind, supremacist ideas can spring up in anyone. Being liberal doesn’t make you immune. Being gay doesn’t make you immune. Being a minority doesn’t make you immune.

You don’t have to hate people to feel innately superior to them. After all, what kind of threat are your inferiors to you? You may be annoyed by them, from time to time, or you may even like them. You can even have so much affection for them that you might call that affection love.

The dangerous thing about a supremacist point of view is that it can accompany even warm affection. [But] supremacy turns to hate when the feeling of innate superiority is openly challenged. 

Like many habits, supremacy can be unconscious. Sometimes you don’t know you’re doing it until someone points it out. ...

I’m 43 years old now, and I’ve had time to change my supremacist habits of mind. I did it by knowing more African-American people, by listening instead of talking, by humbling myself and not demanding that I must agree with everyone in order to support them,and, most importantly, by admitting that other people’s real lives were more important than my mere beliefs. 

Sermon: The Web of Privilege

I went to college in the Seventies, when feminism was raising women's consciousness about all the ways that traditional gender roles work against them. So naturally, I heard a lot from female classmates about my male privilege. And I couldn't very well argue, because they were right, I did get unfair advantages from being a man. But all the same, those lectures used to annoy me, so let me try to explain why. 

I grew up in a working class family. The factory my father worked in was loud and dangerous and full of nasty odors that stuck to him when he came home. 

He had that job because he didn't go to college. But he had graduated from high school, and he was proud of that, because his father had only graduated from eighth grade. And grandpa was proud too, I imagine, because it probably wasn't that many generations back that the Muders were all illiterate.

My sister and I were the first generation in our family to go to college, and eventually I would be the first to get a Ph.D. I will never forget meeting my parents after the graduation ceremony and seeing my father go misty-eyed. "Dr. Muder," he said, as if only a miracle could have brought those two words together.

So while I was getting that education, even though I recognized the injustice of discrimination against women, it still grated on me that daughters of professors and daughters of millionaires could only see my unfair advantages.

 

Now, I'm not trying to start an argument about whether classism or sexism is harder to overcome, or how either compares to racism or religious prejudice or some other variety of unfairness. Quite the opposite, I think we've already had too many of those arguments. Throughout American history, it's been way too hard to get people united against unfairness in general, and way too easy for the Powers That Be to play one disadvantaged group off against another.  

Before the Civil War, for example, the abolitionist movement split over whether or not women could hold leadership positions. And after the war, the women's suffrage movement split over the 15th amendment, which gave the vote to black men. (Two famous Unitarian suffragettes parted ways on that. Lucy Stone supported the amendment and Susan B. Anthony didn't.)

As best I can tell, there has never been a widespread movement to treat everyone more fairly, and to battle unfairness wherever it appears. Instead, we typically look at privilege one dimension at a time -- as racism or sexism or some other Ism. That simplifies things by letting us draw sharp lines between the privileged and the disadvantaged: white and black, native and immigrant, straight and gay, men and women.

But today I'd like to suggest that the Isms oversimplify our notion of privilege. Once you have drawn a line, it's easy imagine a wall there. On one side are the victims, and on the other the oppressors. 

Packaged with that metaphorical wall is a complete set of emotions for each side. On the victim side you're supposed to feel resentment, anger, and envy. On the oppressor side, guilt, but also fear of all those angry people, and anxiety about the possibility of losing a privilege that you have had all your life and may not know how to live without.

Fear and anxiety can tempt a person to adopt the attitude that Wayne Self called supremacy. You can start to rationalize that the wall is good and natural, and I deserve to be on this side of it, because I am more important or more deserving than the people on the other side. Nothing personal, but there's a very rational reason why I have to be here and they have to be there.

Today I want to use a different metaphor for privilege and unfairness, one that I think better captures its multi-dimensional nature. 

Privilege isn't a wall, it's a web. 

We all have a complicated relationship to privilege. Everyone, in some aspect of life, is treated unfairly. And everyone also, in some other way, benefits from unfairness. There are many ways to cut that web in two. But depending on who makes that cut and what kind of unfairness they single out, any of us might find ourselves on either the disadvantaged side or the privileged side.

 

Now, don't get me wrong. I'm not claiming that it all evens out. I stand here today as a straight, white, American male. I am able-bodied, happily married, well educated, and over six feet tall. It would be ridiculous for me to claim that it all evens out, just because I face an occasional disadvantage here or there. No, all I'm claiming is that privilege is a subtle issue. 

And while I believe nearly everyone -- even people like me -- could be happier in a fairer world, that progress will not come for free. We're not going to get to a fairer world just by claiming our rights in the situations where we are treated unfairly. We'll also have to raise our consciousness about the ways that we benefit from unfairness.

 

One problem with thinking of privilege as a wall comes from the villainous stereotypes we have of the people on the oppressor side: Simon Legree driving his slaves; Scrooge, asking why the poor can't be sent to prisons or workhouses; or even hotel magnate Leona Helmsley saying, "Taxes are for the little people."

If that's how we picture the privileged, then how are we going to react when someone draws the line in such a way that we wind up on the privileged side? 

Not well, probably. You know you don't get up in the morning planning to be a villain, so if someone seems to be saying that you are one, your instinctive reaction is going to be: "No. That can't be right." 

Stung by the charge, it's tempting to turn the whole thing around, to point back at the people who are pointing the finger at you and say, "They're the ones who are being unfair. They're persecuting me with these vicious accusations."

And so, Rush Limbaugh feels terribly persecuted by the people who say he's a racist, and by all the "feminazis" who say he's sexist. They're the villains, not him.

An even better example is Dan Cathy of Chick-fil-A. I don't doubt that he sees a good, Christian man in his mirror. He creates jobs. He generously supports what he calls "family values", but what gays like Wayne Self see as heterosexual supremacy.

So when gay-rights supporters boycott Cathy's restaurants, that just proves to Cathy's allies how oppressed Christians are in this country. Mike Huckabee sees the boycotters unfairly trying to punish Cathy for doing nothing more than speaking his truth and living the values of his faith. A wall of privilege separates Christians from secular society, and to Huckabee it's secularists like Wayne Self who are on the privileged side. Dan Cathy -- that straight, white, male, Christian, millionaire CEO -- is oppressed.

 

Today I'd like to suggest a different stereotype of privilege, something a little less villainous than Scrooge or Simon Legree. It comes from the movie Pleasantville, which some of you may have seen. 

In this movie, a teen-age brother and sister get hold of a magic remote control and are zapped into a 1950s TV show, one of those family comedies like Ozzie and Harriet or Leave it to Beaver. Suddenly, they are the son and daughter of the Parkers, a perfect TV family living in the perfect TV town of Pleasantville.

Naturally, things start to change all around. The teens learn a few things from their new experiences, and the people of Pleasantville start asking the kinds of questions that characters on such shows never asked, like "Do I like my life?" and "Why do things have to be this way?" In particular, Mrs. Parker discovers that being the perfect housewife is not really what she wants out of life, or at least it's not all she wants. 

And that sets up this scene:

George Parker, the father of the perfect TV family, comes home from work. He opens the door, hangs his hat on a hook like he always does, and announces, "Honey, I'm home", expecting his beautiful, smiling wife to come out of the kitchen and his perfect children to bounce down the stairs to greet him, like they always do.

Today, though, the house is dark and silent but for the thunder of a storm outside. And George looks like a magician who has said the magic words, but is still waiting for the puff of smoke and the rabbit to appear in his hat. 

So he says the magic words again, "Honey, I'm home." Nothing happens.

He wanders through the house, and into the kitchen where nothing is on the table. "Where's my dinner?" he wonders. He looks in the oven, inside the kettles. "Where's my dinner?" Uncomprehending, he goes back outside, into the rain, and pleads with this suddenly unsympathetic universe: "Where's my dinner?"

 

Remember: George Parker is somebody's idea of the perfect Dad. He never intended to be a bad guy. All his life he has tried to be a very good guy, and he thought he was doing a decent job of it. Society gave him a role to play, and he played it to the best of his ability. That's how he thought life was supposed to be: I play my role, you play your role, and it all works out.

Now, if you could sit George down and make him think about it, maybe he'd realize that his role as a professional-class husband and father is a little easier and more pleasant than some of the other roles in Pleasantville. 

But he doesn't think about it, because he doesn't have to. He's never had to plot with the other professional-class husbands to oppress his wife or the characters who do Pleasantville's menial jobs. That's just how the social roles work out. And he assumes that because he's happy in his role, other people must be happy in theirs.

George's example points out several aspects of privilege that may make our own privileges easier to see. First, the privileged are usually not evil, they're just oblivious.

Saturday Night Live brought that home in a skit a few months ago: Geeks on a technology show are picking apart the flaws of the new iPhone 5, when the host unexpectedly brings out three workers from the iPhone factory in Shenzhen. 

Suddenly, all the complaints dry up.

"We understand," sympathizes one of the Chinese, who makes a tiny wage for doing debilitating work in unhealthy conditions. "Apple Maps, it no work. You want Starbucks, it take you Dunkin Donuts. Must be so hard for you."

 

You probably don't think about it very often -- I know I don't -- but every time you walk into a store, you are playing a privileged role as an American consumer. All over the world, underpaid people are breaking their backs or even risking their lives so that you can pay $10 for a pair of jeans or have fruit in the middle of winter.

It's so easy to forget that. 

The whole retail environment conspires with our obliviousness.There's no workshop in the back where you can see production happening. You just see a product and a price. The product doesn't come from anywhere. No one makes it. It just appears on the shelf by magic. 

 

And that points up a second way in which our privilege resembles George Parker's: It's more systemic than personal. 

If you've ever bought clothes at WalMart or Sears, they may have been made at the factory that burned down last month in Bangladesh. Over 100 workers died in that fire because there were no outside-the-building fire escapes. Those deaths were easily preventable if the factory hadn't been under so much pressure to keep costs down.

Now, you didn't want anything bad to happen to those workers. You didn't demand that WalMart squeeze that last fifty cents out of the cost of your shirt. Like George, you just played your role in the system.

George never wanted his wife to be unhappy. He just wanted dinner. And there's nothing actually wrong with wanting dinner, just like there's nothing wrong with wanting an iPhone or a Chick-fil-A sandwich or a good deal on a pair of jeans. What's wrong is that attitude of supremacy, that feeling that our needs, our desires, our inconveniences are so much more important anybody else's.

And because privilege is so systemic, even if you manage to overcome your obliviousness and root out that attitude of supremacy, it's not always clear what to do. 

Last January, a series of articles called attention to the abusive conditions in those Chinese factories that make Apple's gadgets. I paid attention because I have an iPad and a MacBook that might have come from there. In a year or two I might want a newer model.

But what should I do? Throwing my iPad away accomplishes nothing. Buying a competing product accomplishes nothing, because they're all made in similar factories that treat workers no better. And if people like me forgo electronic gadgets entirely, the workers won't be treated any better, they'll just lose their jobs.

If you want electronic gadgets, and are willing to pay someone a livable wage to make them for you … the market doesn't offer you that option. In the comments on the online versions of those articles, many people wondered: Why can't Apple -- or somebody -- make an "ethical iPad" and charge a little more to recover the higher costs?

But of course that would break the spell of the Apple Store. If the ethical iPad were displayed next to the "unethical" iPad,everybody who chose between them would have to think about where these products come from. 

The magic of retail would be lost.

So the market doesn't offer that option. With only a few exceptions -- like Fair Trade coffee or vegetables at the farmers' market -- it rarely does. The workers are treated the way they're treated, and you either want the product or you don't. No personal choice you can make will solve the problem. And if you feel guilty about it, that doesn't change anything either.

 

So far what I'm describing is more tragic than malicious. So of course it can't be the whole story, because the history of privilege and oppression is full of malice. It's full of wars and riots and lynchings and beating up people who try to organize the underprivileged. Where does all that come from? It starts with how you react when your obliviousness gets challenged, when the under-privileged begin to raise their consciousness and tell you that this is unfair, or when they stop cooperating and disrupt the system of privilege. 

When that happens, I imagine that everybody's initial reaction is the same: We notice our own inconvenience first. George may eventually learn to empathize with his wife, but the very first thing he notices is that he has no dinner. Dan Cathy notices that his restaurants are getting bad publicity. I notice that people are making me feel guilty about owning an iPad.

And because we never planned on being villains, there's a strong temptation to deny everything to tell each other stories that make us feel better. After the fire in Bangladesh, Fox News told us how happy those workers were to have those jobs. People have been telling stories like that for generations: The slaves were said to be happy on the Southern plantations, and 19th-century women were content to let their husbands worry about difficult issues like voting or owning property.

Sometimes the stories even say that the victims deserve what they get, like those evil gays and lesbians who break God's law, or those pushy women and uppity blacks who insist on going where nobody wants them. As Wayne Self wrote: "Supremacy turns to hate when the feeling of innate superiority is openly challenged."

Even when you have to admit that you've been benefitting from privilege, it's tempting to hold up your own inconvenience, your doing-without-dinner, as if it were equal to other people's lifelong oppression. 

In another post, Wayne Self shoots down the idea that Dan Cathy's public-relations problems are in any way equivalent to the problems faced by gays: "This isn’t about mutual tolerance," he writes, "because there’s nothing mutual about it. If we agree to disagree on this issue, you walk away a full member of this society and I don’t."

Yes, the privileged suffer too, but on an entirely different scale. "Men," Margaret Atwood observed, "are afraid that women will laugh at them. Women are afraid that men will kill them."

 

So, to sum up, you were born into an unfair society, just like everybody else. But it's not unfair in just one way. The ways that unfairness works against you are usually pretty obvious. But it's easy to remain oblivious to all the ways it works for you. 

You're not responsible for where in the web of privilege you were born, but you are responsible for whether or not you remain oblivious to it. And you're responsible for how you respond after you become aware. Do you make amends where you can? Do you work for systemic change when personal change isn't enough? Or do you make excuses for your privileges and blame the victims for the inconveniences you suffer when they try to improve their lot? When you are treated unfairly, do you regard those who are privileged over you as villains who don't resemble you at all?

It would be pleasant to think that once you see the light, there's a simple way to go and sin no more. But very often there isn't, because your privilege is baked into the system and you can't just give it back. 

That's why it's so important that when you have an opportunity to make the world fairer, you do something with it. And when suffering people come to you with a plan to change the system, listen hard and give them a little benefit of the doubt, even if their issue seems distant or their plan seems unlikely to work. Because the system does need to change. A lot of the unfairness in the world isn't going to be fixed just by individuals deciding to do the right thing.

And finally, it's important not to forget either side of the experience of privilege. When we benefit from unfairness, it's important to recall how it feels to be taken advantage of. And when we suffer from unfairness, we need to remember how shocking it can be to suddenly recognize a privilege that you never thought about and never asked for. 

Holding both those experiences in mind can help us stay in dialog with those whose privileges are different, and make us more effective in working with them for ever more fairness.

Closing Words   

The closing words are by President Lyndon Johnson. 

In March of 1965, after violence in Selma had killed a number of civil rights demonstrators, including the Unitarian minister James Reeb, Johnson convened a joint session of Congress and asked them to pass the Voting Rights Act. 

Johnson was never known as a great speaker, and many Northerners had trouble believing that anything worthwhile could be said in that rural Texas accent he had. But that day he gave a remarkable speech, and it built up to this conclusion:

"It is not just Negroes, but really it is all of us, who must overcome the crippling legacy of bigotry and injustice. And we shall overcome." 

Sunday, December 25, 2011

test

a sermon presented at First Church Unitarian of 
Athol, MA
11 December 2011

an earlier version was presented at the Quincy Unitarian Church of Quincy, IL

Opening Words

If you are neutral in situations of injustice, 
you have chosen the side of the oppressor. If an elephant has its foot on the tail of a mouse 
and you say that you are neutral, 
the mouse will not appreciate your neutrality. -- Bishop Desmond Tutu

Sunday, July 10, 2011

Trimming the Fat

Welcome to Austerity in America. We can afford tax breaks for millionaires, but can’t afford five-day school weeks.

-- Steve Benen, The Washington Monthly

In this week's Sift:

  • Is Obama on Our Side? What if President Obama isn't being out-negotiated by Republicans? What if he's getting what he wants?
  • The Hard Line. The Republican inclination not to compromise goes all the way down to the grass roots, where three kinds of fundamentalism are replacing the 20th-century conservative's respect for the status quo.
  • What "Spending" Really Means. Cutting government spending sounds good until you have to get specific. Do we want safe food and fire engines that work?
  • Short Notes. Fiore's biting animations. We had a revenue crash, not a spending orgy. New light bulbs and solar panels. The debt ceiling is constitutional. And Ohio says that poll workers don't have to be helpful.
  • This Week's Challenge. As I redesign the Weekly Sift blog, now is a good time to make your suggestions.


Is Obama on Our Side?

When Barack Obama's 2008 landslide carried such unlikely states as North Carolina and Indiana, and swept in large majorities in Congress, many progressives imagined a transforming presidency like FDR's. Katrina Vanden Heuval wrote:

[F]uture historians may well view Barack Obama's victory as the end of the age of Reagan and the beginning of something substantially new.

It hasn't worked out that way.

Not that President Obama hasn't had accomplishments. The Bush economic crisis did not become a second Great Depression, as it threatened to do. With all its compromises, the Affordable Care Act is still a historic step in the right direction. Obama's two appointments have slowed down the rightward drift of the Supreme Court. In thousands of ways that don't make headlines, regulatory agencies have gone back to protecting the American people. On gay rights, President Obama has not led, but at least he has not stood in the way. The Iraq War has continued to wind down, our relations with other nations in general are less belligerent, and we finally nailed Osama Bin Laden.

That's not nothing. But by now the list of liberal disappointments has gotten long.

What haunts the Obama administration is what still haunts the country: the stunning lack of accountability for the greed and misdeeds that brought America to its gravest financial crisis since the Great Depression. There has been no legal, moral, or financial reckoning for the most powerful wrongdoers. Nor have there been meaningful reforms that might prevent a repeat catastrophe.
  • No public option. Given the public option's popularity, a great speech might have made a difference to wavering Democrats in the Senate, but Obama didn't give one.
  • Ratifying Bush's power grabs. On Inauguration Day, the new president had a chance to define the Bush administration as an aberration and turn the corner. Obama could even have enforced the law and prosecuted Bush officials for ordering torture. Instead, he let his initial effort to close Guantanamo fail, and has continued to practice and has systematically defended in court many of the Bush administration abuses of power.
  • Afghanistan. To be fair, Candidate Obama portrayed Afghanistan as the good war that got ignored because we fought the bad war in Iraq. So Afghan escalation shouldn't have been a surprise. But we still have no coherent goal or exit strategy.
  • Libya. Again: goal? exit strategy? By ignoring the War Powers Act -- in defiance of the advice of his own top lawyers -- he's expanded executive power beyond even Bush.
  • Global warming. In a recent article in Rolling Stone, Al Gore credits Obama for at least starting to take action, but has to criticize:
President Obama has thus far failed to use the bully pulpit to make the case for bold action on climate change. After successfully passing his green stimulus package, he did nothing to defend it when Congress decimated its funding. After the House passed cap and trade, he did little to make passage in the Senate a priority. Senate advocates — including one Republican — felt abandoned when the president made concessions to oil and coal companies without asking for anything in return. He has also called for a massive expansion of oil drilling in the United States, apparently in an effort to defuse criticism from those who argue speciously that "drill, baby, drill" is the answer to our growing dependence on foreign oil.
  • No progress on taxes. When Republicans wouldn't extend the Bush tax cuts just for the middle class, Obama had a perfect place to make a popular stand. Imagine: "I wanted to keep your taxes low, but the Republicans blocked me to protect the millionaires." Instead he caved -- and didn't even get a debt-ceiling increase written into the deal.

And now, he seems ready to give away the store in the debt-ceiling negotiations, or at least to make significant concessions on Social Security and Medicare. Like the public option only moreso, Social Security and Medicare are popular. There's a significant rabble waiting to be roused, if he were so inclined. So far, nothing.

Explanations. In the beginning, progressives explained these disappointments with some combination of 1) He's doing the best he can given political reality and the power of the special interests and 2) He's a bad negotiator who compromises when he doesn't have to. Lately, though, a third explanation is getting louder and louder: 3) Maybe he's not really on our side.

Bringing up Explanation 3 -- even to deny it -- is the surest way to start a blood feud on a liberal web site like Daily Kos. Emotions run high. Some liberals feel strongly that Obama has betrayed them, while others are just as strongly attached to him.

The problem is: All three explanations work, and each explains things the others can't. For example, I think Obama was genuinely surprised by the popular resistance Republicans raised to closing Guantanamo. (Scary, scary terrorists were going to be housed in flimsy jails down the street from you.) Otherwise, why make a grand promise only to back off of it? And I believe he did (foolishly) expect Republicans to negotiate in good faith on vital issues like the debt ceiling.

True intentions. In spite of all the socialist and Marxist and big spender rhetoric from the Right, what if Obama has always been a centrist? Left and Right alike imagined that the centrist positions he campaigned on were masking a deeper progressive agenda, but what if they weren't?

From the beginning, Obama's governing style has been to let liberals and conservatives fight it out in Congress, and then to come in at the end with a compromise. (The problem has been that liberals are largely shut out of the corporate media -- when was the last time you saw Dennis Kucinich on TV? -- so the public debate has been between the most moderate Democrats and the most conservative Republicans, with Obama coming in at the end to make a center-right compromise rather than a left-right compromise.)

Look at entitlement reform. The Simpson-Bowles Commission Obama appointed to study long-term deficit issues was stacked from the beginning. (Digby kept calling it "the Catfood Commission".) When the commission was appointed, Unsilent Generation posted:

Despite protestations to the contrary, the commission exists primarily to make cuts to Social Security and Medicare. The commission’s slant is evident from the choice of its two co-chairs: former Wyoming Republican senator Alan Simpson, a long-time foe of entitlements, and Erskine Bowles, the middle-right former Clinton chief of staff.

It should have surprised no one when Simpson called Social Security "a milk cow with 310 million teats". And it should have surprised no one that the Commission recommended Social Security and Medicare cuts.

Presidents do this kind of spadework to cover unpopular actions they want to take later. It's where you can see presidential intention in its purest form. Obama has believed all along that Social Security and Medicare need to be cut. So while he's not likely to get on board with the Ryan privatization plan, he's also not likely to make a bold stand against cuts that he's been maneuvering towards from the beginning.

Framing is another place you can see presidential intention at work. The other side can force you to accept deals you don't like, but they can't make you repeat their deceptive rhetoric. Recently, though, Obama has said things like:

Government has to start living within its means, just like families do.  We have to cut the spending we can’t afford so we can put the economy on sounder footing, and give our businesses the confidence they need to grow and create jobs

Paul Krugman comments:

That’s three of the right’s favorite economic fallacies in just two sentences. No, the government shouldn’t budget the way families do; on the contrary, trying to balance the budget in times of economic distress is a recipe for deepening the slump. Spending cuts right now wouldn’t “put the economy on sounder footing.” They would reduce growth and raise unemployment. And last but not least, businesses aren’t holding back because they lack confidence in government policies; they’re holding back because they don’t have enough customers — a problem that would be made worse, not better, by short-term spending cuts.

My conclusion. Consider the possibility that Obama is a Clintonian centrist whose liberal actions have been forced on him by events. I don't think he's a bad guy or a traitor to the cause. I just don't think he's ever been a progressive.

Deep down, I think Obama wants to be the president who steers the center course -- fixing the long-term growth in entitlement spending without gutting the safety net. The ACA is part of that vision, because health-care inflation is the main long-term fiscal threat, and the private sector is never going to stop it. The near-depression forced a half-hearted stimulus on him, but expanding government services is not his fundamental inclination.

He never said it was.


Conservative columnist Ross Douhat on the deficit negotiations: "The not-so-secret secret is that the White House has given ground on purpose."


Rick Perlstein was all over this more than a year ago.



The Hard Line

Two articles this week explained why Republicans are (depending on your point of view) either (1) able to hold together on hardline positions, or (2) unable to compromise. Turns out, it's not just the party leadership or elected officials that are different, it's the rank-and-file:

repchoice_pid_q26.png

NYT blogger Nate Silver looks at polling data and concludes that while polarization is hitting both parties, it has a more profound effect on the Republicans. Republican is becoming identical with conservative, while the Democrats remain a coalition of diverse philosophies. So Democrats worry about alienating their moderates, while Republicans focus on energizing their base.

In The three fundamentalisms of the American right, Salon's Michael Lind notes a long-term philosophical shift in conservatism. William F. Buckley modeled the mid-20th-century conservative movement after 18th-century philosopher Edmund Burke, who argued that people underestimate the values embedded in traditional practices, so change should be measured and thoughtful rather than sweeping and giddy.

But increasingly, 21st-century conservatism is built around fundamentalist reaction rather than thoughtful prudence. Christian fundamentalism (the Bible), constitutional fundamentalism (the Constitution), and market fundamentalism (Atlas Shrugged) each have a holy scripture that teaches unquestionable Truth. And that creates a problem for democracy.

History, to the fundamentalist mind, is a story of original perfection, followed by betrayal and restoration. … The rise of triple fundamentalism on the American right creates a crisis of political discourse in the United States. Back when conservatism was orthodox and traditional, rather than fundamentalist and counter-revolutionary, conservatives could engage in friendly debates with liberals, and minds on both sides could now and then be changed. But if your sect alone understands the True Religion and the True Constitution and the Laws of the Market, then there is no point in debate. All those who disagree with you are heretics, to be defeated, whether or not they are converted.

A Burke-Buckley conservative respects the status quo, but to a fundamentalist the status quo already represents a fallen state. Instead, he longs for a lost Golden Age -- often a largely imaginary one.

It's tempting to respond to all three types of right-wing fundamentalist with scorn, especially when they make up facts about their respective Golden Ages. But in the long run scorn may be counterproductive. Fundamentalism is a reaction to a loss of identity and community. (No one who feels at home here and now pledges loyalty to a lost era or an ancient text.) Ultimately, fundamentalists need to be healed, not beaten down further. The candidate-Obama message of Hope and Yes We Can seems exactly right to me, if we can see it through.


This move move that conflicts with my healing strategy, but I'll be interested to see if it works tactically: The American Values Network points out that two of the right-wing fundamentalisms contradict each other. Jesus and Ayn Rand are not at all on the same page.


Less-extreme Republicans have started protesting against the hard line: David Brooks, David Frum, Kathleen Parker, Robert Samuelson.



What "Spending" Really Means

Cutting government spending always sounds good until you start looking at specifics. In Wilmington, NC, "cutting spending" specifically means not replacing an ancient fire engine that tends to die when the firefighters need water pressure. In California, Arizona, and Nevada it means a shorter school year. And in parts of Idaho and New Mexico it means a four-day school week -- not for any academic reason, but because (as Rachel Maddow summed up) "In America now, we can't afford to keep all our schools open five days a week."

This 11-minute clip from Rachel's show on Wednesday is worth watching in its entirety, because it pulls together so much.

For example: Alto, Texas has scrapped its police force -- not just furloughed a few officers, but padlocked the door and sent the whole force home for a minimum of six months. Not because they're not needed -- even when it had police, Alto's crime rate was higher than the Texas average -- but because Alto is out of money.

On the federal level, the House has eliminated funding to test American vegetables for the E-coli strain that killed 50 people in Europe. But Georgia Republican Rep. Jack Kingston isn't worried: "The food supply in America is very safe because the private sector self-polices." But whether we're talking food or crime, self-policing only works up to a point. Somehow, even before the testing cutbacks, 3000 Americans died each year from tainted food.

State after state is laying off teachers -- not because they've found some better way to educate children, but because we can't afford to pay them. We're slashing transportation funding too, because high-speed trains belong in China, not America.

But don't tax the rich. We are eliminating this kind of thing rather than raise taxes on anybody, even the wealthiest Americans. Republicans claim they are taking this stand because, as John Boehner says, "The American people don't want us to raise taxes."

Except that they do. Politifact did the research:

we found a number of polls that indicate people do want the government to raise taxes. That was most clearly the case when it comes to raising taxes on the wealthy and on corporations.

Like these polls. Rachel quotes a poll saying that 81% of Americans would accept higher taxes on millionaires to cut the deficit. 68% support eliminating the Bush tax cuts for people earning more than $250,000 a year.

The American people also want to protect Social Security, Medicare, and even Medicaid. By a 60-32 margin, they said that maintaining benefits was more important than cutting the deficit. By 61-31 they said that Medicare recipients already pay enough of their medical costs. 58% think "Low income people should not have their Medicaid benefits taken away."

And don't tax corporations. A significant majority of Americans (56% on Question 36) say that corporations are not paying their fair share of taxes. And the most stunning poll result is this (Question 40): 61% say that corporations use tax breaks to pay higher dividends and bonuses; only 4% say they use the money to create jobs.

That jaundiced public perception is accurate. Rachel lists a number of large American corporations (Johnson & Johnson, General Electric, etc.) who pay significantly less than the official 35% corporate tax rate (GE: 7.4%) and have been cutting jobs rather than creating them. Moreover, American corporate taxes are low, not high: Compared to 25 other developed countries, only in Iceland are corporate taxes a smaller percentage of GDP than in the US.

Rich people, poor country. Let me sum up: House Majority Leader Eric Cantor says "the people that put us here" want to change "the way the system works so that we’re no longer spending money that we don’t have." The question that goes unasked is: Why don't we have that money?

Is the United States a poor country now? Can we simply not afford to have police and full-time schools and safe food? Can we not afford to take care of Americans who are sick or old? To fix our potholes and keep our bridges from falling down?

Other countries manage to pay for such things. They aren't richer than the United States. The difference is that in America, billionaires and corporations have become so powerful that they can dictate to the government how much tax they are willing to pay. And those dictates are put forward by the corporate media as "the will of the people", even if that's not what the people are saying at all. So if the billionaires and corporations are only willing to pay for four days of school a week, that's what we'll get.

At least as long as Eric Cantor believes that billionaires and corporate CEOs are the people that put him where he is.



Short Notes

Mark Fiore's animations are very sharp satires. Check out "Trickle Down Tales". And Tom Tomorrow is pretty good today too.


Democrats on the Senate Appropriations Committee have put together a chart explaining what happened to the surplus in Clinton's final budget. It's mildly deceptive (everything except defense is adjusted for inflation and population growth), but ignoring the too-high defense number, it makes a great point: We had a revenue crash, not a discretionary-spending orgy.


Last week I mentioned the possibility of Obama invoking the 14th amendment to ignore the debt ceiling. Lawrence Tribe has convinced me that's not a legitimate option.


Slate's tech reviewer loves the new LED light bulb. It lasts 20 years, uses about 1/5 the power, and emits the spectrum we expect from incandescents. The problem: They cost $20 each. Long-term it's a good deal, but people aren't used to thinking about light bulbs as investments.


What if your windows could be solar panels?


If Republican election-reform laws aren't about suppressing legitimate votes, then why does the new Ohio law say that poll workers don't have to direct confused voters to their correct polling places?



This Week's Challenge

I'm working on a redesign of the Weekly Sift blog, which I'll roll out on weeklysift.com either next Monday or the one after. (Currently, weeklysift.com is a bit of a mess, like any unfinished construction project.) If you have any suggestions for improving the blog, now is a good time to make them. Like: What do you think of this week's embedded chart and video? I'm thinking of doing a lot more of that.

BTW, what do you think of this as a logo? If you've been getting the Sift via email, what do you think of the new MailChimp mailings? Have you noticed?

The Weekly Sift appears every Monday afternoon. If you would like to receive it by email, write to WeeklySift at gmail.com. Or keep track of the Sift by following the Sift's Facebook page or the @weeklysift Twitter feed, where you get the Link of the Day.

Monday, July 4, 2011

Handbook for Misconduct

Today, … the Court invalidates Arizonans' efforts to ensure that in their State, "the people possess the ultimate sovereignty." No precedent compels the Court to take this step; to the contrary, today's decision is in tension with broad swaths of our First Amendment doctrine. No fundamental principle of our Constitution backs the Court's ruling; to the contrary, it is the law struck down today that fostered both the vigorous competition of ideas and its ultimate object -- a government responsive to the will of the people. Arizonans deserve better.

-- Justice Elena Kagan
dissenting opinion in Arizona Free Enterprise Club v. Bennett (2011)

In this week's Sift:

  • Not the People's Court. Across the board, this was a great Supreme Court term for corporations. For humans, it sucked.
  • Gaffes Won't Beat Bachmann. The voters she's going for value heart over head, so a few misquoted facts won't bother them. To beat Bachmann, you need to argue that her heart is in the wrong place -- which is true.
  • The Logic of Worker Abuse. A 21st-century monopoly focuses more on abusing its suppliers than on abusing the consumer. And the ultimate supplier is the worker.
  • Short Notes. Glenn Beck slithers into the sunset. A CIA interrogator talks. Judge Prosser's anger management problem. Krugman and Yglesias sum up the debt-ceiling issue -- and I start to panic a little.
  • This Week's Challenge. This Independence Day, pay attention to the difference between independence and freedom.


Not the People's Court

Unlike a typical journalist, I'm happy to be scooped. Last week I promised I would summarize "a very pro-corporate Supreme Court term". Friday, Slate's Dahlia Lithwick did it for me, and did a darn good job:

The measure of success here isn't just the win-loss record of the Chamber of Commerce, although that's certainly part of the story. Nor is it news that—in keeping with a recent trend—the court is systematically closing the courthouse doors to everyday litigants, though that's a tale that always bears retelling. The reason the Roberts Court has proven to be Christmas in July for big business is this: Slowly but surely, the Supreme Court is giving corporate America a handbook on how to engage in misconduct.

No more class actions. A big piece of that handbook is how to avoid class-action lawsuits. This is a big deal, because in many situations the threat of a class action is the only discipline a company has. Think about it: Suppose you're MegaCorp and you want to screw a million customers out of $1,000 each. That's a billion dollars -- real money, even for you.

And what are they going to do about it? No matter how valid their claims are, nobody is going to beat the MegaCorp Legal Department without spending years in court and tens (or hundreds) of thousands of dollars. Who is going to do that just to get their thousand back?

The only thing that concerns you is that your victims might all get together in a class action, hire a top-flight law firm, and get their billion back in one case. Not to worry, the Roberts Court has you covered.

Screw your workers. If it's workers you're worried about, Justice Scalia gives you the blueprint in Wal-Mart v. Dukes (court opinion, ScotusBlog summary, cartoon that sums up even better). Because Wal-Mart's official policy said it didn't discriminate against women, it didn't matter that the company gave its (mostly male) managers enough leeway to discriminate, and that companywide statistics proved that they in fact did discriminate. The female workers couldn't prove that they all suffered identically -- somewhere in the Wal-Mart system there might have been a store whose manager treated women fairly -- so they aren't a class. LIthwick summarizes:

The greatest impact of the Wal-Mart decision isn't the blow dealt to class-action suits. It's the guidance it provides employers: Immunize yourself from claims of gender discrimination with a written policy that says "we don't discriminate" and a system of decentralized decision-making. The decision doesn't discourage future corporate discrimination. It just makes it harder to identify and prove it. 

Screw your customers. Don't worry about your customers ganging up on you, either. AT&T Mobility v Concepcion (court opinion, previous Lithwick article), lets corporations stick clauses into their standard contracts (which you have to sign to do business with them) where you sign away your class-action rights -- or any rights they find inconvenient.

In this case, AT&T offered a "free" cellphone, and then charged customers $30.22 in sales tax that they had no reason to expect they would owe. A California court ruled that the cellphone contract's arbitration clause (which prevented a class action) was unenforceable. But the Supremes disagreed. Justice Breyer dissented, writing:

What rational lawyer would have signed on to represent the Concepcions in litigation for the possibility of fees stemming from a $30.22 claim? The realistic alternative to a class action is not 17 million individual suits, but zero individual suits, as only a lunatic or a fanatic sues for $30.

Nan Aron of Alliance for Justice points out that this is about more than just $30, or even $30 times 17 million:

The upshot is that corporations will now be able to decide on their own which civil rights and consumer protections they want to obey, knowing that there will be no effective means available to their victims to find redress. Even worse, … [the Court] has effectively removed any incentive for corporations to behave within the law in the first place. Why act lawfully if your victims are helpless, especially in cases like this when the harm to each individual is small but the potential for profit is huge?

Screw your investors. In Janus Capital Group v. First Derivative Traders (court opinion), as ThinkProgress' Ian Millhiser sums up: "the Supreme Court has now given much of Wall Street a license to lie."

Basically, Janus wrote a false prospectus to mislead investors about an investment it was selling. But the Court let Janus get away with claiming that the responsibility lies with a dummy company Janus set up -- which can't be sued because it has no assets. Lithwick draws the lesson: "[Set] up a dummy corporation to make your false statements for you."

Lithwick's conclusion:

When you obliterate the very possibility of civil litigation, you are, by definition, helping big business screw over the little guy. But when you teach big business precisely how to screw over the little guy, and how to do it faster, cheaper, and without detection … well, that's not even an illusion of justice anymore. It's enabling.

Screw democracy. OK, maybe you can't fight corporations in court any more. But we still out-number them, right? So we should be able to control them through our elected representatives.

Well, the Court is working on that too. Last year's Citizens United decision opened the spigots of corporate cash for electioneering -- one reason why the 2010 election cycle went so well for the Republicans. This year, in Arizona Free Enterprise Club v. Bennett (opinion, ThinkProgress commentary), the Court did its best to knock out the main alternative to bought-and-paid-for elected officials -- public financing of campaigns.

For years now, the Court has accepted the dubious idea that "money equals speech". (That is, you can't limit campaign spending without limiting free speech.) It makes sense up to a point: If I have an idea I want to promote, and I have the money to promote it, then why should anybody be able to tell me to stop?

Obviously, it stops making sense when we talk about corporate money, because corporations shouldn't have First-Amendment rights to begin with. (Were they "endowed by their Creator with inalienable rights"? On which of the six days of Creation?)

Money = speech also starts to fail when we get into the horse-race aspect of politics: Why should a candidate supported by rich people be able to out-shout candidates supported by poor people?

But that's precisely the principle that decided Bennett. Arizona, in response to a long history of corruption, established a public financing system in which the amount of public money would increase if candidates who opted out of the system started outspending the publicly financed candidates.

So privately-funded candidates were free to opt out of the system and free to spend as much as they wanted to promote themselves and their ideas. But what they couldn't do is out-shout the publicly funded candidates; if they spent more, the publicly financed candidates got to spend more.

That won't do, says the Court. Arizona's system is unconstitutional, because money shouldn't just allow you to get your ideas out, it should allow you to out-shout candidates with less money. The Court's conservative majority is moving past the simple money = speech equation, in the direction of money = votes.

Put it all together. Don't just look at one case, look at the pattern. The Court is pushing a vision of society in which corporations can make us sign away our rights in order to participate in the economy, can screw us out of our money without fear of consequences, and can then use that ill-gotten money to elect officials who will guard the advantages they have over mere humans.


Lest you think this term was an anomaly, check out a speech Al Franken gave last summer, in which he summarized the pro-corporate rulings the Roberts Court had made up to that point.


Legally, here's what's going on with abortion: For the last few years, pro-choice groups have been reluctant to challenge relatively minor infringements of the right to an abortion, for fear that the Roberts Court will overturn Roe v Wade completely. Predictably, anti-abortion forces have upped the ante. With their 2010-election majorities, Republican legislatures have passed laws that harass women (South Dakota) and/or doctors (Kansas) to the point that abortion would become impractical, if still technically legal. Lawsuits have been filed and injunctions granted delaying the implementation of the challenged laws in those two states. The cases will eventually make it to the Supremes, and then we'll see if they want to overturn Roe.


John Dean was in the Nixon Justice Department when they were pushing Abe Fortas off the Supreme Court -- in a case that closely resembles Clarence Thomas'. He explains the game plan, which may involve being more ruthless than liberals are up for.


Speaking of corporations funding elections, this still seems to be illegal: Wisconsin's new Senator Ron Johnson spent $9 million of his own money beating Russ Feingold last year. After the election, the corporation he runs wrote him a $10 million check for "deferred compensation".


Up until now, Republican-appointed judges have ruled against the constitutionality of ObamaCare and Democrat-appointed judges for it. This week, a Bush-appointed judge broke ranks and upheld the law.



Gaffes Won't Beat Bachmann

In Waterloo, Iowa, Michele Bachmann began her official presidential campaign with a gaffe: She said John Wayne was from Waterloo, when actually mass murder John Wayne Gacy is. (The Duke is from Winterset, on the other side of the state.) This is another in a long series of mistakes and missteps, like when she thought that the Revolutionary War started in Concord, NH instead of Concord, MA.

A lot of liberals seem to think that things like this will make a difference. And in the general election they may be right, but in the Republican primaries Bachmann's numerous gaffes will make no difference at all. Ronald Reagan used to screw up his facts and so did George W. Bush. It made no difference for them, and it won't for Bachmann either.

The reason why is simple, and I touched on it in 2005 when President Bush nominated qualification-free Harriet Miers to the Supreme Court, saying that "I know her heart." The voters Bachmann is courting have a very different idea of what governing requires.

Most liberals (and some conservatives) think that a good leader needs to know and understand things. At the very least, a president needs a solid background education, so that experts can fill him/her in on the details when a decision needs to be made. And above all, s/he should be free from misinformation: If you don't know something, you can ask; but if you're sure something is true when it's not, you can do a lot of damage.

Bachmann's base -- like Reagan's and Bush's -- doesn't look at things that way. Leadership, to them, is not about doing the smart thing, it's about doing the right thing. All problems are simple at their root, and what a leader really needs is common sense and moral courage. It's a heart thing, not a head thing.

Closely related to this worldview is a resentment against the people who don't share it -- the people who think they're better than you because they knew what mendacity meant when they took the SATs. Bachmann voters resent the way that eggheads look down on them, and if eggheads are looking down on Bachmann the same way, that just proves that she's on the right side.

So while we should never let Bachmann get away with quoting false facts, that's not going to defeat her. An effective anti-Bachmann campaign needs to attack her strength by arguing that her heart is in the wrong place. She's on the side of the Wall Street swindlers, the polluters, and the people who moved your job to India. If you make minimum wage, she thinks you're overpaid. If you're unemployed, she thinks you're lazy.

She's not one of you. She's one of them dressed up to look like one of you. And she thinks you'll fall for it, because she thinks you're stupid.


Bachmann's InTrade shares (which will pay $10 if she's the Republican nominee) are at $1.70, up from $0.70 when I recommended them in April.



The Logic of Worker Abuse

Never doubt that a corporation will kill you if it thinks it can make a profit and not get caught. First case in point, from Wednesday's Salon:

Federal investigators say they have proof that Massey Energy kept fake safety records to throw off inspectors at a West Virginia coal mine where 29 men died last year, the deadliest U.S. coal field disaster in four decades.

Second, look at The Spam Factory's Dirty Secret by Ted Genoways in the current issue of Mother Jones: Hormel created a shell company to maneuver out of its agreements with its meat-packing union. The shell company hired a bunch of illegal immigrants for low wages, worked them in conditions that gave them a rare neurological disorder, and (when their medical bills started adding up) fired them.

Mother Jones' Tom Philpott goes on to explain the deeper economic/political reasons why companies are abusing their workers like this: In the old version of monopoly, corporations got bigger and bigger so that they could impose exorbitant price increases on the consumer. But voters hated that, so they encouraged politicians to enforce antitrust laws.

In the Reagan years, the strategy changed. Now companies get big so that they can impose price cuts on their suppliers, as Wal-Mart does. The result is relentless pressure to cut costs, which ultimately pushes companies to abuse their workers, either here or overseas. This abuse is largely invisible to anybody but the workers involved (particularly since the corporate media doesn't cover it), so it doesn't raise political pressure.

That shines a different light on the recent efforts to break public-sector unions in places like Wisconsin and Ohio: Government has largely been left out of the worker-abuse game, and (as this Wisconsin commercial by the Club for Growth makes explicit) the Right wants to convince abused private-sector workers that it's not fair.


Northeastern University report: Corporate profits have captured 88% of the financial recovery, wages 1%. Nothing like that has ever happened before.

Which leads to this Paul Krugman question:

If corporations already have plenty of cash they’re not using, why would giving them a tax break that adds to this pile of cash do anything to accelerate recovery?


Short Notes

Buh-bye, Glenn.


Wired interviews the author of the new book The Interrogator, which takes us inside the CIA's black prisons. Says the author, a former CIA interrogator: "Enhanced interrogation does not work, and is wrong. End of story."


Investigating the allegations that Wisconsin Supreme Court Justice Prosser choked Justice Bradley, the Milwaukee Fox affiliate tries to get comments from four of the seven justices. None of them say anything meaningful, but only Prosser lost his cool.


Paul Krugman asks another good question:

The federal debt limit is a strange quirk of U.S. budget law: since debt is the consequence of decisions about taxing and spending, and Congress already makes those taxing and spending decisions, why require an additional vote on debt?

Matt Yglesias boils it down even further:

The issue, after all, is that congress has passed contradictory laws. The tax code raises so much revenue, but legally authorized expenditures require so much money, and legally authorized borrowing doesn’t cover the gap. So what’s a president to do?

Hold a bake sale, I guess. Or ignore the debt ceiling and provoke a constitutional crisis.


I'm not qualified to offer investment advice, so I usually don't. This week, though, I made an important personal investment decision, and I feel like I'm keeping a secret if I don't tell you: I'm selling.

I don't think the market is taking seriously the possibility that the debt-ceiling talks will fail, with major bad financial consequences. I do take that possibility seriously, so I'm cutting my risks until I see what happens.

I regard this as a not-unreasonaable scenario: Republicans don't budge on demands that Social Security and Medicare be slashed with zero sacrifice-sharing by the wealthy. Democrats refuse that deal, and the Treasury has to stop paying the government's bills. The market crashes (as it did when TARP failed the first time), and then Obama invokes the 14th Amendment to ignore the debt ceiling. The House starts impeachment proceedings.

It's bad for the country, but it's win/win for the Republicans. They get to impeach Obama while accepting no responsibility for increasing the debt limit. And if we go back into recession, that's Obama's fault too.



This Week's Challenge

This Independence Day, try to pay attention to the difference between independence and freedom. In American history, the two go hand-in-hand: Declaring independence from England was how we got freedom.

But when we intervene in other countries, we offer freedom in exchange for independence. Saddam's Iraq was not free, but its decisions were made in Baghdad, not Washington. Iran today lacks freedom, but has its independence after centuries of Ottoman, British, and American domination. Protesters in Tehran want freedom, but not at the cost of independence.

So don't be fooled today when patriotic speakers or writers use freedom and independence interchangeably. It's a distinction we need to keep in mind.

The Weekly Sift appears every Monday afternoon. If you would like to receive it by email, write to WeeklySift at gmail.com. Or keep track of the Sift by following the Sift's Facebook page or the @weeklysift twitter feed.

Monday, June 27, 2011

Next Stop: Reality

Nobody has acknowledged that
a) the bubble economies of tech and housing were not financially real,
b) we can not "recover" to a condition that was not financially real in the first place, and therefore
c) we need to start focusing on a transition to something close to reality,
which is a long ways from where we currently are.

-- Charles Marohn, The Growth Ponzi Scheme

In this week's Sift:

  • Presidents and Precedents. If President Obama's manipulation of the War Powers Resolution process stands, what might a President Perry or Bachmann build on that foundation?
  • Ponziville: The Suburbs Are Unsustainable. Charles Marohn claims that sprawling suburbs are an inefficient use of infrastructure. But the problem stays hidden until the initial developments start to wear out.
  • Short Notes. Funny fake news vs. scary fake news. New Yorkers notice that same-sex marriage has not destroyed civilization in Boston. Matt Taibi demonstrates how not to attack Michele Bachmann. A Pulitzer-winner fesses up to being undocumented. Without illegal aliens, Georgia reaps only a metaphorical harvest. It's not just the music that's synthesized, it's the girl. The First Amendment now protects data-mining. Vermont keeps heading towards single-payer health care. And more.
  • This Week's Challenge. If you want to help in the Wisconsin recall elections, here's how.


Presidents and Precedents

During the Bush years, I often gave neocons this piece of advice: "Be careful not to grant President Bush any powers that you wouldn't want President Hillary Clinton to have." Maybe they trusted W, but I hoped that imagining some future Democrat tapping phones without warrants or locking people up without charges might slow them down.

It never worked.

Even so, I think it may be time to take my own medicine: Sure, I mostly trust President Obama, so I haven't been watching our involvement in Libya as closely as I might. I know there are War Powers Resolution issues and Congress should be involved to some degree. But watching congressional Republicans play chicken with the debt ceiling hasn't made me wish that they had more opportunities to get in Obama's way.

Still, today's actions are tomorrow's precedents. Eventually there will be another Republican president, maybe sooner than I think. And if someday President Bachmann wants to invade Sweden to protect the world from socialism, shouldn't she have to make her case to Congress? Or somebody?

Maybe it's time to pay attention.

The Founders' Vision of War. The Constitution divides the nation's war-making powers. The President is commander-in-chief (Article II, Section 2), but only Congress can raise armies or declare war (Article I, Section 8).

Why did they do that? The Founders believed that standing armies tempted rulers to impose their will by force. And the US was in the rare circumstance to be far away from potential enemies. So they pictured a ground-up form of defense that would only require a sizable federal army on rare occasions.

Most common threats (criminal gangs, pirate or Indian raids), a community would handle itself, maybe with the help of neighboring communities. (Picture the colonial Minutemen or the posse that goes after the bank robbers in a western.) Larger threats (big Indian raids or slave uprisings) would be the responsibility of the state militias. Only when things really got out of hand, say if we were attacked by a European power, would a federal force be needed.

And those big wars would be rare, because we were going to stay out of "entangling alliances". In President Washington's Farewell Address, he wrote:

Why, by interweaving our destiny with that of any part of Europe, entangle our peace and prosperity in the toils of European ambition, rivalship, interest, humor, or caprice? It is our true policy to steer clear of permanent alliances with any portion of the foreign world

So most of the time the President would be commander-in-chief of not very much. In times of danger, Congress would assemble an army and decide which countries to use it against. The commander-in-chief clause made sure those armies would report to a single commander, avoiding strategy-by-committee in Congress.

(BTW: This interpretation also makes sense out of the "well-regulated militia" clause of the Second Amendment: "A well regulated militia being necessary to the security of a free State, the right of the People to keep and bear arms shall not be infringed." The people should keep and bear arms not so that they can overthrow the government -- as the Tea Party would have it -- but so that they don't depend on a standing army that could be used against them.)

Rep. Lincoln. As a congressman, Abraham Lincoln opposed President Polk's role in instigating the Mexican War. Arguing by letter with his law partner William Herndon in 1848, Lincoln wrote:

Allow the President to invade a neighboring nation whenever he shall deem it necessary to repel an invasion … and you allow him to make war at pleasure. Study to see if you can fix any limit to his power in this respect, after having given him so much as you propose. ...

The provision of the Constitution giving the war making power to Congress was dictated, as I understand it, by the following reasons: kings had always been involving and impoverishing their people in wars, pretending generally, if not always, that the good of the people was the object. This our convention understood to be the most oppressive of all kingly oppressions, and they resolved to so frame the Constitution that no one man should hold the power of bringing this oppression upon us. But your view destroys the whole matter, and places our President where kings have always stood.

Historical drift. The Founders' vision slowly came apart. President Lincoln himself, facing an enemy within cannon-shot of the capital, acted on his own authority and sought congressional approval later. By 1900, the US had colonies of its own and intervened constantly in Latin America. We came out of the World Wars with global commitments and a world-spanning enemy. Now we were trying to entangle other nations in our alliances -- NATO, SEATO, CENTO, OAS, etc.

Eventually, nuclear missiles threatened to destroy our cities in less time than it took Congress to assemble. So power accrued to the President because no one else was in a position to use it.

Korea, Vietnam, Cambodia. The Korean War (1950-1953) was the first major conflict the US fought without a formal declaration of war. That looked like an aberration at the time, but instead it became the new model. Congress has not declared war since, but has indirectly signed off on presidential wars by continuing to fund them and occasionally endorsing them in resolutions like the Gulf of Tonkin Resolution.

President Nixon pushed presidential authority too far by bombing Cambodia secretly in 1969-70 and delivering misleading records to Congress when it investigated in 1972-73. Congress needed to take some power back.

The War Powers Resolution of 1973. Passed over Nixon's veto, the WPR gives a president 48 hours to inform Congress of a military action, and then gives Congress 60 days to authorize it. If it does not, the President then has 30 days to disengage.

Since 1973 presidents have groused, but have mostly gone along with the WPR, for the simple reason that it's sound practice. (It's a myth that presidents have all regarded the WPR as unconstitutional.) If you can't get Congress to endorse a war at the beginning, before the bodies start coming home, then you'd better hope you can go in, declare victory, and get out in short order.

Obama and Libya. The bombing in LIbya started on March 19, and Congress has not passed any authorization. So President Obama's 30-days-to-disengage has run out. But instead of standing down, the administration sent a report to Congress making this claim:

The President is of the view that the current U.S.  military operations in Libya are consistent with the War Powers Resolution and do not under that law require further congressional authorization, because U.S. military operations are distinct from the kind of “hostilities” contemplated by the Resolution’s 60 day termination provision.

Where did he get that view? Not from the Justice Department's Office of Legal Counsel, which is the official executive-branch body to study such issues. And not from the Pentagon general counsel, either. Instead, he followed the opinion of an ad-hoc group of executive-branch lawyers led by the White House counsel, who is not approved by the Senate and in some administrations is nothing more than the president's personal lawyer.

Constitutionally, the President is not obliged to follow any particular legal advice. But Yale Law Professor Bruce Ackerman explained in the NYT why this is a bad practice:

If the precedent Mr. Obama has created is allowed to stand, future presidents who do not like what the Justice Department is telling them could simply cite the example of Mr. Obama’s war in Libya and instruct the White House counsel to organize a supportive “coalition of the willing” made up of the administration’s top lawyers. Even if just one or two agreed, this would be enough to push ahead and claim that the law was on the president’s side.

Remember Mukasey's Paradox from the Bush administration: Lawyers can't commit crimes when they act under the orders of a president, and presidents can't commit crimes when they act under the advice of lawyers -- any lawyers, even if they were hired precisely to give that advice.

We don't want to go down that track again, because it undermines the whole notion of the rule of law. Regardless of what you think of Libya or Obama or Congress, the really bad thing here is the precedent. Imagine what a President Rick Perry could do with it.



Ponziville: The Suburbs Are Unsustainable

In a classic Ponzi scheme, money from new investors pays off old investors -- who then brag about the rate-of-return they're getting and tempt even more new investors to get in. As long as inflow of new money grows exponentially, everybody stays happy. But that can't continue forever, and so the scheme collapses.

Charles Marohn claims this model fits the suburbs:

the underlying financing mechanisms of the suburban era -- our post-World War II pattern of development -- operates like a classic Ponzi scheme, with ever-increasing rates of growth necessary to sustain long-term liabilities.

The model has been that state and federal money, developer investment, plus a small amount of local-government borrowing, builds the initial infrastructure of a suburb -- roads, sewers, schools, etc. -- and so the local tax base goes up accordingly. But the infrastructure has a life span, and the increased tax base is not sufficient to rebuild it when it wears out. The only way to hide this is with more growth -- new sprawl that raises the tax base in the near term while adding more long-term liabilities.

In America, we have a ticking time bomb of unfunded liability for infrastructure maintenance. … The reason we have this gap is because the public yield from the suburban development pattern -- the amount of tax revenue obtained per increment of liability assumed -- is ridiculously low. Over a life cycle, a city frequently receives just a dime or two of revenue for each dollar of liability. … We've simply built in a way that is not financially productive.

I wish Marohn had said more about the urban side of the equation: By moving our rich people to the suburbs, we've also wrecked the tax base of our cities.

I'm struck by how Marohn's vision dovetails with John Michael Greer's model of long-term decline. Here's my summary of what Greer says in The Long Descent,:

At its peak a society builds a larger capital base than it can maintain. From then on, the deferred maintenance periodically comes due in some big failure, which cascades through the system until things settle down at a lower level. Then the pattern repeats: The lower capital base generates enough resources to maintain itself day-to-day, but not long-term -- eventually leading to the next big failure.

So: News Orleans can't afford to maintain its dikes, which fail during Hurricane Katrina. Then New Orleans rebuilds, but not all the way. The new, lower tax base will be unable to maintain something else, which eventually will lead to another disaster and another contraction.

In the longer version of Marohn's article (on his Strong Towns site), he starts prescribing rather than diagnosing:

a rational response is to start insisting that our places show a positive financial return. That will require a completely different approach to building our cities along with a completely different understanding of growth. If you need help getting started on this, check out our Starter Strategies for a Strong Town as well as our Strong Towns Placemaking Principles.



Short Notes

lt's on: Funny fake news (Jon Stewart) is going after scary fake news (Fox).


Friday night, a same-sex marriage bill passed the Republican-controlled New York Senate, with 4 Republicans and 29 Democrats voting for it. Governor Cuomo signed it just before midnight, and it will take effect after 30 days, in late July. The NYT reports:

In New York, passage of the bill reflects rapidly evolving sentiment about same-sex unions. In 2004, according to a Quinnipiac poll, 37 percent of the state’s residents supported allowing same-sex couples to wed. This year, 58 percent of them did.

That's a much faster increase than you can get just by the passing of an older generation. To me, it's the natural result of the scare-tactics anti-gay activists have used. For a long time, their message has been that civilization will literally fall if men start marrying men. Such alarmism works as long as the practice is theoretical. But it starts to sound silly when New Yorkers can clearly see that civilization has not fallen in Boston or Montreal.


In the current Rolling Stone, Matt Taibbi writes a strangely self-defeating analysis of Michele Bachmann. He convincingly characterizes her as  a champion of the ignorant masses who feel abused by the ridicule of the educated. "Bachmann's stature rises," he writes, "every time she does something we laugh at."

But he still can't stop himself from heaping scorn on her rather than coolly cataloguing her flaws.

She is at once the most entertaining and the most dangerous kind of liar, a turbocharged cross between a born bullshit artist and a religious fanatic, for whom lying to the infidel is a kind of holy duty.

The article goes on like that. Taibbi's rhetoric is entertaining if you already agree with him. But if you forward it to your fundamentalist cousin or aunt, they'll conclude that Taibbi hates people like them for not being as smart as he thinks he is. And they'll want Bachmann to succeed, just to put Taibbi in his place.


The Des Moines Register has Romney and Bachmann neck-and-neck among likely Iowa-caucus-goers. Romney leads 23-22, but Bachmann is the second choice of 18% to Romney's 10%. When folks realize Cain and Santorum aren't going to make it, they'll go to Bachmann.


In one graph, Gallup explains why Jon Huntsman is no threat to be nominated. His polling data shows two clear trends: name recognition up, positive intensity down. The more Republicans know him, the less they like him.


Another recent poll has President Obama beating all major Republicans in an unlikely place: Tennessee. Steve Singiser from Daily Kos Elections explains it like this: Tennessee is experiencing the same kind of Republican over-reach that has wrecked their poll numbers in Florida and Michigan. 2010 voters who thought they were voting for traditional Republicanism suddenly find themselves living in Kochistan.


Remember the Paul-is-dead rumor of 1969? (OK, maybe not if you're under 50.) Well, Eguchi Aimi of the Japanese girl-band AKB48 has taken it one step further: She never existed to begin with. The uber-cute Ms. Aimi is a synthesis of the cutest features of the other girls in the band.


Using the sad example of Chicago's parking meters, Senator Durbin warns against the temptation to raise cash by selling off public assets at fire-sale prices. In particular he proposes that if federal money builds a local asset which the local government then sells, the feds should get their money back.


The DREAM Act, if it ever passes, is supposed to normalize the status of undocumented immigrants who came here as children and have done well since they arrived. It makes sense: The original sin belongs to their parents, not them, and they know no other country they can go back to. As they become adults, they keep breaking the law -- forging documents, lying on forms -- because all the other choices are worse.

Wednesday, young journalist Jose Antonio Vargas put his own face on this problem. In My Life as an Undocumented Immigrant he tells his story: He came to America from the Philippines at age 12, and found out he was here illegally at 16. But rather than pick fruit or work in a sweatshop, he got himself a job with the Washington Post and was part of a team that won a Pulitzer.

He told a lot of lies and forged a lot of documents to give himself those opportunities. But now that he has fessed up, the moral onus is on us: Do we send him back to the Philippines?


Meanwhile, the harsh new law that was supposed to keep illegal aliens out of Georgia is working. Blueberries, onions, and cucumbers are rotting in the fields. They've tried getting criminals to do the picking, but it's not going so well.


In practice, "cutting the waste out of our school budget" means firing librarians.


Wisconsin Supreme Court Justice David Prosser was in Justice Ann Walsh Bradley's office last week, was asked to leave, and wound up with his hands around her neck. But it's her fault. Just like it was Justice Shirley Abrahamson's fault when Prosser called her a "bitch". Those female judges ... you know how they get. What's a real man to do?


It's been a very pro-corporate Supreme Court term, as I'll outline after it ends next week. But the worst of it may be Sorrell v IMS Health, where corporate First-Amendment rights got their biggest boost since Citizens United. The Court threw out a Vermont law that stopped pharmacies from selling prescription data to data miners, who could then advise pharmaceutical companies on marketing to doctors. If you can see any legitimate free-speech issue there, your eyes are sharper than mine.

Vermont's Senator Leahy called the decision "a win for data miners and large corporations and a loss for those of us who care about privacy not only in my home state of Vermont but across the nation."


 

But Vermonters keep plugging with their New England common sense: They're moving towards single-payer health care because it's cheaper and it works better.



This Week's Challenge

Right now Wisconsin is the central front in the struggle to defend the middle class and the public sector. Six Republican state senators and three Democrats are up for recall this summer, and the Republicans look far more vulnerable. Picking up three seats will flip the state senate to Democratic control. That would not only change the equation in Wisconsin, it would send a national message: Voters don't support taking away workers' rights, or cutting education to pay for corporate tax breaks.

You can contribute online through Act Blue. If you want to phone bank or volunteer in some other way, go to the Wisconsin Democratic Party web site.

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