Clause 61: The Pushback Blog

Because ideas have consequences

Posts Tagged ‘Justice

Not Following the Logic

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The whole flap over pro football players kneeling during the national anthem has gone to a new level this week. Let’s sort it out.

Thumbing Your Nose

Kneeling during the national anthem is thumbing your nose at the entire country. It is a posture, an affectation. People who do it are poseurs. Where else could they go to make this kind of money doing what they do?

A football player does not get to tell us how to interpret his disrespect to the nation. Yes, I am talking to you, Richard Sherman. Kneeling during the national anthem is an act of disrespect to the entire country, including most of us who have no influence over how the criminal justice system treats black people in the inner city. Sherman is too intelligent not to know that.

Having a Complaint

Do black people have a complaint regarding the way they are treated by the criminal justice system? Hell, yes. Many people, not just black people, have a legitimate beef. The shenanigans in Ferguson, Missouri, for example, should offend every voter in this country. Municipalities and counties using law enforcement as a revenue center should offend every voter in this country.

The number of persons under correctional supervision (in prison, on probation or on parole) is appalling. According to a 2012 article by Adam Gopnik, there were more black men under correctional supervision at that time than there were in slavery in 1850; the total population of America that is under correctional supervision was over six million and growing. Contrary to popular lore, many of the people in prison are there for drug offenses or offenses against “public order”. Since black people are in prison at a disproportionately higher rate than Americans in general, yes, there is a genuine issue.

Taking Action

So what should a politically aware black football player do? How about taking some of that large NFL salary and putting it to work in community action? How about sponsoring court appeals on behalf of people who are being exploited by municipalities? Put your money where your mouth is.

White House Invitations

Back in 2011, the Boston Bruins won the Stanley Cup and were invited to the White House. Goalie Tim Thomas declined the invitation. This writer maintained that Tim Thomas had no business declining the invitation.  I disagree. Similarly, Stephon Curry has every right to decline an invitation to the White House, given that he disagrees with the politics of the President.

The President is the Chief Executive, the Head of State and a high profile political figure. If a person disagrees vehemently with the political viewpoint of the President, by all means, do not accept his invitation to the White House.

Donald Trump’s Statements

Yes, Donald Trump made inflammatory and provocative statements on this subject. In other news, Lindy made it!

Really, who reasonably expected that, if this issue made it to Trump’s radar at all, he would make a nuanced, empathetic statement that would uphold respect for the nation as a whole while recognizing the real problems that people have encountered at the hands of governments? Did anyone really think Trump would call for national reflection on the issues that black athletes are raising while asserting that the nation deserves respect even if specific people in positions of authority have abused their power?

And there was every reason to expect Trump to weigh in on this issue. It is red meat to his base, many of whom a) love America and b) watch football. Trump has demonstrated that he has a laser focus on his core constituency, his political “investors”.

Trump’s statements are off the table for purposes of this discussion. There is nothing new here. The themes have not changed at all during the year. There really is not anything else to say.

Donald Trump is my President, in that he was duly elected through the recognized Electoral College process, just like Barack Obama was. Trump does not represent my viewpoint, and I would have wanted a more nuanced response. However, I recognize that Trump doesn’t do nuance. There is no point in flogging this horse anymore. He is what he is, and he is not going to change.

 

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Written by srojak

September 24, 2017 at 11:22 pm

US Constitiution 1.1

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In 1979, Theodore Lowi released the second edition of his book The End of Liberalism: The Second Republic of the United States. Lowi teaches at Cornell and would be characterized as a liberal; for example, he advocates government planning. However, he is also a proponent of the rule of law. The evolution of the political processes away from law and representative government toward bargaining and interest-group government began to trouble him by the time he wrote the first edition of the book ten years earlier.

Where contemporaries saw government departure from formalism as pragmatic, Lowi saw it as corrupt. Where reality deviates from formalism, we find arbitrariness, influence-peddling and injustice. He wrote the best defense of political idealism I have seen:

The gap between form and reality gives rise to cynicism, for informality means that some will escape their fate better than others. There has, as a consequence, always been cynicism toward public institutions in the United States, and this, too, is a good thing, since a little cynicism is the parent of healthy sophistication. However, when the informal is elevated to a positive virtue, and when the gap between the formal and the informal grows wider, and when the hard-won access of individuals and groups becomes a share of official authority, cynicism unavoidably curdles into distrust. Legitimacy can be defined as the distance between form and reality. How much spread can a democratic system tolerate and remain both democratic and legitimate?
The End of Liberalism, p. 297.

Although he did not use the term, the mechanisms that Lowi describes are that of corporatism: public-private partnerships in rule-making and governance. Although Lowi did not name it, he described it well enough:

The state grows, but the opportunities for sponsorship and privilege grow proportionately. Power goes up, but in the form of personal plunder rather than public choice. If would not be accurate to evaluate this model as “socialism for the rich and capitalism for the poor,” because many thousands of low-income persons and groups have provided within the system. The more accurate characterization might be “socialism for the organized, capitalism for the unorganized.”
Ibid, pp. 278-9.

For the second edition, Lowi reverse engineered a new constitution for the government from actual practice, in an attempt to highlight the spread between form and reality.

There ought to be a national presence in every aspect of the lives of American citizens. National power is no longer a necessary evil; it is a positive virtue.

Article I. It is the primary purpose of this national government to provide domestic tranquility by reducing risk. This risk may be physical or it may be fiscal. In order to fulfill this sacred obligation, the national government shall be deemed to have sufficient power to eliminate threats from the environment through regulation, and to eliminate threats from economic uncertainty through insurance.

Article II. The separation of powers to the contrary notwithstanding, the center of this national government is the presidency. Said office is authorized to use any powers, real or imagined, to set our nation to rights by making any rules or regulations the president deems appropriate; the president may subdelegate this authority to any other official or agency. The right to make all such rules and regulations is based upon the assumption in this constitution that the office of the presidency embodies the will of the real majority of the American nation.

Article III. Congress exists, but only as a consensual body. Congress possesses all legislative authority, but should limit itself to the delegation of broad grants of unstructured authority to the president. Congress must take care never to draft a careful and precise statute because this would interfere with the judgment of the president and his professional and full-time administrators.

Article IV. There exists a separate administrative branch composed of persons whose right to govern is based upon two principles: (1) the delegation of power flowing from Congress, and (2) the authority inherent in professional training and promotion through an administrative hierarchy. Congress and the courts may provide for administrative procedures and have the power to review agencies for their observance of these procedures; but in no instance should Congress or the courts attempt to displace the judgment of the administrators with their own.

Article V. The judicial branch is responsible for two functions:
1. To preserve the procedural rights of citizens before all federal courts, state and local courts and administrative agencies, and
2. To apply the Fourteenth Amendment of the 1787 Constitution as a natural-law defense of all substantive and procedural rights.
The appellate courts shall exercise vigorous judicial review of all state and local government and court decisions, but in no instance shall the courts review the constitutionality of Congress’ grants of authority to the president or to the federal administrative agencies.

Article VI. The public interest shall be defined by the satisfaction of the voters in their constituencies. The test of the public interest is re-election.

Article VII. Article VI to the contrary notwithstanding, actual policymaking will not come from voter preferences or congressional enactments but from a process of tripartite bargaining between the specialized administrators, relevant members of Congress and the representatives of self-selected organized interests.

How did he do? How closely did he bring the form of his constitution to matches what actually happens?

Written by srojak

October 15, 2016 at 2:48 pm

For What Office Is Hillary Clinton Running?

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I watched the acceptance speeches of both candidates at their respective conventions. Hillary Clinton’s speech was not as scary as the speech given by The Ego That Ate Cleveland. Still, there were several disturbing themes in her speech that ought to give us pause.

Clinton’s speech laid out a deeply considered program for a priest-king. I though we were electing a President, a chief executive whose function is to execute the will of Congress. There is a substantial separation between the two.

Michael Wolff, writing in The Hollywood Reporter, summarized the speech this way:

Her speech, proper homework for anyone actually paying attention, proposed that the nation elect her because she was a good person, one without a clear point of view other than an eagerness to help: a do-gooder good at do-gooding.

Wolff is right about the homework, so let’s dig in. All quotes are from Clinton’s speech, as rendered by this link from the Los Angeles Times.

Lauren Manning, who stood here with such grace and power, was gravely injured on 9/11. It was the thought of her, and Debbie St. John, and John Dolan and Joe Sweeney, and all the victims and survivors, that kept me working as hard as I could in the Senate on behalf of 9/11 families, and our first responders who got sick from their time at Ground Zero.

In this campaign, I’ve met so many people who motivate me to keep fighting for change. And, with your help, I will carry all of your voices and stories with me to the White House.

I have been back and forth through Article II of the Constitution, and I just can’t find the part that says that the actions of the President should be informed by the thought of various citizens she personally knows who have encountered hardships. What about the people whose hardships are not known to the President? Shall we have National Appeal Day, during which we all present our pleas for executive relief?

At my first full-time software development job, the VP of Development liked people with whom she had a bond and looked out for them. Just coming in, doing your job quietly and going home was the road to ruin. She used such people like tools. The key was to be a person with real needs to her. She could make that work in a shop of about ten people; it is completely unworkable in a nation of 300+ million. Yet I thought of this model of executive behavior often while listening to Clinton speak.

My primary mission as President will be to create more opportunity and more good jobs with rising wages right here in the United States… From my first day in office to my last! Especially in places that for too long have been left out and left behind.

In my first 100 days, we will work with both parties to pass the biggest investment in new, good-paying jobs since World War II.  Jobs in manufacturing, clean energy, technology and innovation, small business, and infrastructure.

Since government is not a wealth-producing entity, what devices would be available to Clinton to create jobs? What are they going to be manufacturing and innovating?

Nevertheless, her ability to spend the money is going to be sharply circumscribed. She still wants affordable health care for everybody. And, to top it off:

If you believe we should expand Social Security and protect a woman’s right to make her own health care decisions… join us.

We’re not just going to protect Social Security; we’re going to expand it. Call and raise! So after all those entitlement sweets are handed out, there won’t be any room for stimulus spending.

Bernie Sanders and I will work together to make college tuition-free for the middle class and debt-free for all! We will also liberate millions of people who already have student debt.

So the people who are never going to go to college and whose kids are never going to go to college are going to pay more for other people’s kids to go to college? Yeah, that will be a hit with the Trumpkins.

Why do we have an education system that fails to prepare kids to be effective economic participants by the time they graduate high school? Can’t much of the undergraduate program, particularly core course materials, be moved up and taught in high school?

Come to think of it, why do we have citizens graduating high school and knowing so little about the Constitution that they don’t understand the roles of the President and Congress? I don’t believe this is what Jefferson had in mind. I am damn sure it is not what John Adams had in mind.

Why do we have kids graduating high school thinking that we can vote ourselves rich?

It’s just not right that Donald Trump can ignore his debts, but students and families can’t refinance theirs.

She has a point there.

And here’s something we don’t say often enough: College is crucial, but a four-year degree should not be the only path to a good job. We’re going to help more people learn a skill or practice a trade and make a good living doing it.

That sounds like a great idea. If she is elected President, what means does she have available to accomplish that?

In the mid-90s, the Chicago Tribune ran a series of articles about families where one of the kids wanted to learn a trade instead of going to college. There was a lot of back-and-forth discussion about the relative merits of going to college vs. learning a trade. However, to me the most important finding of the series was this: Not one family who was interviewed would allow their last names to be used in the article. So whatever came out of people’s mouths about the advantages of going into a skilled trade, it was a sufficient source of shame to the families that they didn’t want their names attached to it.

How would Hillary Clinton cause millions of Americans to reverse their attitudes? What levers would she have available to her to raise the perceived social standing of people in trades up to the level of, say, entry-level white-collar workers? Would she declare them statutorily exempt by executive order, and therefore free from having to punch a clock? If she did, what would happen to overtime for those who are presently qualifying for it?

There are an awful lot of teachers hanging around the Democratic Party. Could Clinton convince them to treat the parents in trades with the same respect as the white-collar, university educated parents? Would she even try?

I will be a President for Democrats, Republicans, and Independents. For the struggling, the striving and the successful. For those who vote for me and those who don’t. For all Americans.

If she really means this — if these are not just high-sounding empty words — here is the place to start: Understand that what you and your friends think of as justice is what many of us find to be injustice.

When I was in school, I had a classmate, Greg, who was really good at math. The only thing he was good at was math — and physics, which is basically applied math. Our Algebra 2 teacher would not give Greg the 99 he earned because, as she explained it, he didn’t work for it. He didn’t have to, and he still earned it. To the teacher, she was acting out of justice, but to us, it was injustice.

The repackaging of Hillary has been going on for some time. Apparently, we are witnessing the release of Hillary Clinton 5.0. All the Clinton loyalists want to assure us that she is sincere, earnest, well-intentioned, caring, and people-centered. Let’s believe them, because there is no risk in doing so. Believing this about her tells us nothing useful as citizens. Earnest, caring, well-intentioned people also go wrong. The road to Hell is paved with good intentions.

Just like in high school: what happens when the well-intentioned teacher who wants to change the world bumps up against people who just don’t see the world the way she does and don’t see the change she wants to implement as a good thing?

[Clinton’s mother] made sure I learned the words of our Methodist faith: “Do all the good you can, for all the people you can, in all the ways you can, as long as ever you can.”

Sounds great: God-fearing, moral and well-intentioned. But when you peel back the surface, you find problems. A woman cannot serve two masters: God and the State. We know the State can use its police power to compel people to do what their leaders believe they should want; this has been a driver for progressives since Herbert Croly. There are a lot of themes here that are troublesome when you peel back the smiling surface layer. The slogan “Stronger together,” for example, is disturbingly reminiscent of “Strength through unity,” a core principle of fascism.

Earnest, caring and well-intentioned are great qualifications for a priest-king. A President is not supposed to need them. A President exists to execute the will of Congress and uphold the Constitution.

And in the end, it comes down to what Donald Trump doesn’t get: that America is great – because America is good.

Does Clinton really believe that America is good? It is impossible to square that with her actions and her statements. At all evidence, America needs Hillary or America won’t do right. Without her earnest, well-intentioned hand on the tiller, the country is just going to sink into a swamp of exploitation, ignorance and injustice.

It is that moral purpose that helps her reconcile cutting any corner, because the end justifies the means. We don’t trust Hillary Clinton because she doesn’t trust us. She thinks she knows better than we what we should want for our country and has to get through this excruciating campaigning process somehow so that she can wield executive power and force her vision down our throats.

 

 

 

Written by srojak

August 7, 2016 at 11:10 am