Citing To Me

Sunday, I spoke to the Danville Unitarians about equality and the 14th Amendment (which has been getting some public interest lately, thanks to the question whether Section 3 disqualifies Trump). As I was preparing that talk, I looked back through some old posts, and came across one from April of 2016–before Trump and his distorting effect on the issues of governance and public policy that now form the bulk of posts here.

It’s probably tacky to repeat myself, but the post raised a fundamental question with which we continue to wrestle–namely, what does genuine liberty look like–so I’m repeating it here (and yes, sort of taking the day off…)

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In my classes, when I get to the 14th Amendment’s Equal Protection Clause, I generally begin with a discussion of what Americans mean by “equality,” and the perceived tension between equality and liberty.

Clearly, if we are talking about the operation of law and civil government, we are bound to understand the call for equality as limited to those areas in which government operates, and not surprisingly, there is a pretty substantial literature exploring what it means to be “equal before the law”– to have equal civil rights and liberties.

It isn’t simply us lawyer types, either; political philosophers have argued for years–okay, centuries!–that government efforts to nudge us in the direction of egalitarianism–that is, in the direction of material equality— diminish liberty and are ultimately immoral, because advocates of redistribution tend to ignore the issue (near and dear to more libertarian hearts) of merit or desert.  Those who see it that way read the famous Marxist admonition: “from each according to his ability, to each according to his need” as support for expropriation — a system where productive and conscientious workers would be taken advantage of by the ineffectual and/or lazy.

Americans have a deeply-rooted cultural belief that people are poor because they are morally defective, and it didn’t start with the Tea Party. (Actually, it started with Calvin.) I once traced Indiana’s welfare system back to the 15th Century English Poor Laws- laws that prohibited people from giving “alms” to “sturdy beggars.”

So here we are, stuck, policy-wise.

We have a longstanding (and probably insurmountable) concern about the fairness of taking money from people who have (at least theoretically) earned it in order to help people who–for whatever reason–have much less. In more selfish eras (like now) that distaste for redistribution jaundices our approach to taxes for even the most traditional civic purposes. Paying more taxes than absolutely necessary (i.e., police, fire and maybe the sewer system)  is seen as state-sponsored theft, or at the very least, a deprivation of liberty.

As I previously noted, it isn’t difficult to find people arguing that efforts to narrow the gap between rich and poor (redistributive taxes) are assaults on liberty. If there is one thing Americans appear to agree upon, it is the pre-eminence of liberty over other values. What we don’t see discussed very often, however, is what we mean by liberty–and the extent to which government is responsible for ensuring that citizens can enjoy it.

Liberty, at its most basic, is my ability to live a life of my own choosing, so long as I am not harming someone else–my right to live where I like, marry whom I love, choose or reject a church, vote for candidate A rather than B, raise my children as I see fit, opt to spend the weekend at a museum or in the garden….But there are a lot of people in my state (as elsewhere) who do not have liberty in any meaningful sense, that is, the ability to make even these minimal choices, because every waking moment is spent simply trying to survive.

Every person struggling to make ends meet is not a “sturdy beggar,” trying to pull a con. (If research is to be believed, relatively few are.) But rather than trying to change this stubborn cultural meme, or reminding ourselves of the multiple ways we all benefit when societies are more equal materially, let me ask a different question.

If a 10% increase in your taxes could be shown to  allow every American to enjoy at least a minimal level of liberty/self-determination–would you pay it?

Or is the liberty you cherish limited to your own? If it’s the latter–I think that’s privilege you are valuing, not liberty.

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The Stakes II

A couple of days ago, I considered the stakes of this year’s election choices, and speculated about whether and to what extent the abortion issue will drive both turnout and results. What I failed to explain ( thanks to the word limit I have self-imposed for these daily rants) is why the debate about reproductive choice is in reality about far more than a woman’s right to control her own reproduction, important as that is.

The deeply dishonest Dobbs decision struck at a fundamental premise of America’s Constitution, as we have come to rely upon it– the belief in limited government.

When politicians talk about “limited government,” they generally focus on the size of government, but the U.S. Constitution defines those limits in terms of authority, not size. What is to be limited is the power of government to prescribe certain decisions that should be left to the individual. In the original Bill of Rights, the federal government was forbidden to censor speech, prescribe religious or political beliefs, and take other actions that were invasions of fundamental rights–rights for which early Americans demanded recognition.

Over the years, those limitations on federal government power were imposed on state and local government units, and evolving cultural and social norms prompted a fuller understanding of what sorts of decisions individuals are entitled to make without government interference. I frequently cite what has been called the Libertarian Principle, because that principle undergirds America’s particular approach to government. The principle is simple: Individuals should be free to pursue their own ends–their own life goals–so long as they do not thereby harm the person or property of someone else, and so long as they are willing to accord an equal liberty to their fellow citizens.

The gender of your chosen mate, your adherence to a non-Christian religion (or your utter rejection of the notion of divinity), your choice to reproduce or not, and a number of other life choices are simply none of government’s business. (As Jefferson is often quoted, such decisions “neither break my leg nor pick my pocket.”)

The Libertarian Principle was central to the original Bill of Rights, and its application has  extended as “facts on the ground”–scientific and cultural–have changed. Ever since 1965, when the Supreme Court handed down its decision in Griswold v. Connecticut– informing the Connecticut legislature that a couple’s decision to use contraceptives was none of government’s business–the belief that there are areas of our lives where government simply doesn’t belong has been absolutely central to Americans’ understanding of liberty.

When I was much younger, the importance of limiting government to areas where collective action was appropriate and/or necessary—keeping the state out of the decisions that individuals and families have the right to make for themselves– was a Republican article of faith. It was basic conservative doctrine. Ironically, the MAGA folks who inaccurately call themselves conservative today insist that government has the right—indeed, the duty– to invade that zone of privacy in order to impose rules reflecting their own particular beliefs and prejudices.

It’s critically important to understand that what is really at stake in what we shorthand as the “abortion issue” is that fundamental Constitutional premise. Forcing women to give birth, denying medical care to defenseless trans children or forbidding school children to read certain books are not “stand-alone” positions. They are part and parcel of an entire worldview that is autocratic and profoundly anti-American.

I used to point out that a government with the power to prohibit abortion is a government with the power to require abortion. (As an ACLU friend used to say, poison gas is a great weapon until the wind shifts.)

The issue at the heart of the Bill of Rights–as I interminably repeated to my students–isn’t what decision is made. The issue is who gets to make it. In the government system devised by our Founders, certain decisions are simply off-limits to government. I may disagree with your religious beliefs or political opinions; I may disapprove of your choice of marriage partner or your selection of reading material–but I cannot use the government to countermand your choices and require behaviors more to my liking.

It is that fundamental premise that is at stake in this year’s elections, which will pit the MAGA theocrats and autocrats against those of us who want to preserve America’s hard-won civil liberties and individual rights.

The abortion issue is about so much more than abortion, and I have to believe that, at least at some level, most Americans realize that.

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Speaking Of Higher Education

With all the media focus on a handful of “elite” universities, perhaps it’s time (or overdue) to take a look at some of the hundreds of small colleges and universities that dot the country and are most definitely not “woke.” A number of them are religious, and several–like Hillsdale–are proudly “conservative.” (I put quotes around conservative because true conservatives have very little in common with the political movement that has appropriated that label.)

I’ve been aware of Hillsdale for a number of years. I’ve had graduate students who matriculated there, and several years ago I wrote a book about a libertarian organization headquartered in Indiana that–according to its Executive Director– was scammed by Hillsdale and its then-President. I still get –and routinely discard–their slick newsletter.

The New York Times recently did a “deep dive” into Hillsdale’s more recent political shenanigans.

A few days before Thanksgiving 2020, a half-dozen or so people gathered at the home of a Michigan lawyer named Robert E. Norton II.

Norton is the general counsel of Hillsdale College, a small, conservative Christian school in the southern part of the state. One of his guests was Ian Northon, a Hillsdale alumnus and private lawyer who did work for the college. Also in attendance were a couple of state lawmakers, Beth Griffin and Julie Alexander, who represented conservative districts north of Detroit.

Northon would later describe the meeting to the congressional committee investigating the Jan. 6, 2021, storming of the U.S. Capitol. “Somebody at Hillsdale reached out to me, said they are going to have this little meeting,” he testified. “I went to it. There were a handful of reps there, and then Giuliani called in.” That, of course, was Rudolph W. Giuliani, the former New York City mayor turned personal lawyer to President Donald J. Trump.

Hillsdale was already well connected to the Right. Northon had worked for the Amistad Project, an “election-integrity watchdog” that the Times reported “emerged as a primary partner in the Trump campaign’s election-fraud litigation.” He’d been a vice president of the Bradley Foundation, a Milwaukee-based Rightwing philanthropy that has funded groups pushing voter-fraud conspiracy theories.

And most prominent was Hillsdale’s president, Larry P. Arnn. Over two decades, Arnn had fashioned the college as an avatar of resistance to progressivism, all the while amassing relationships with many of the influencers and financiers who were transforming conservative politics in America. By the time Trump swept into the White House in 2017, Arnn had made Hillsdale an academic darling and supplier of philosophical gravitas to the new right.

So prominent was Arnn that he was mentioned as a possible education secretary before losing out to Betsy DeVos, part of a wealthy Michigan family of major conservative donors and Hillsdale patrons. (Her brother, the private-security contractor Erik Prince, is an alumnus.) Hillsdale graduates became aides in the Trump administration and on Capitol Hill and clerks at the Supreme Court. (“We have hired many staff from Hillsdale,” says Marc Short, who served as chief of staff to Trump’s vice president and Arnn’s longtime friend, Mike Pence.) In the Covid years, the backlash against school closures, mask mandates and diversity programs made education perhaps the most important culture-wars battleground. Hillsdale was at the center, and nowhere more than in Florida, where Gov. Ron DeSantis frequently invoked Hillsdale as he sought to cleanse the state’s schools of liberal influence. “How many places other than Hillsdale are actually standing for truth?” he said at a 2022 Hillsdale-sponsored event in Naples, Fla.

The Times article explored the way in which this small Michigan college got mixed up in the plot to subvert American democracy, and it certainly makes for fascinating reading. But Hillsdale is hardly the only small religious institution providing an academic environment actively indoctrinating students against progressive political beliefs.

There are some 900 Christian-affiliated colleges in the United States, and while not all of them emulate Hillsdale, those that  pride themselves on turning out “conservative” students collectively educate thousands of young Americans–far, far more than matriculate from Harvard, Yale, Stanford, Chicago, et al.

I suppose pointing this out is a form of “what-aboutism.” I certainly do not intend it as an argument that all is well in the hallowed halls of the Ivy League; there is plenty of hypocrisy masquerading as inclusiveness on those campuses, and the fact that their graduates are over-represented in government and academia makes them proper targets for evaluation and–when warranted– criticism.  

I just think that criticism should be–in the immortal words of Faux News– “fair and balanced.” For every Harvard graduate, there are probably twenty from schools like Hillsdale, Oral Roberts and Liberty– and their graduates are the ones passing anti-gay and anti-women measures in state legislatures around the country.

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A Picture’s Worth A Thousand Words…

Sometimes, visuals convey more information than text. As the old saying goes, a picture is worth a thousand words.

As our mentally-ill President pretends he knows what he’s talking about and brags about what a “great” job his administration has done, and as too many states are fudging the numbers of dead and dying so that they can open much too quickly, a reality check is in order.

These pictures are from EndCoronavirus.com.They show the progress of various countries in combatting the pandemic. Spoiler alert: America is far–far--from being number one.

These countries do best:

A second, nearly equal number of countries, was shown at the link as “almost there.”

The third set was “Countries that need to take action”–i.e., countries doing the worst:

Picture this the next time Trump declares that we’re doing more testing than any other country–we aren’t, not even close–or that we’re ready to “re-open.” Better still, if you happen to come across Trump’s tweet about his proposed new motto–“Transition to Greatness”–click on this URL of the same name for the real story.

If his perverse refusal to listen to experts or learn only threatened the morons who insist that their “liberty” entitles them to ignore your safety, I might be inclined to say “let them go for it!” Unfortunately, they are endangering the rest of us.

As a friend pointed out recently, their “liberty” doesn’t allow them to drive 100 miles per hour on city streets, or to dispense with wearing clothing in public, either. Until they understand the legitimate limits of individual liberty, the “land of the free” won’t be free of the Coronavirus.

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What Do Those Words Mean?

Given the overheated rhetoric coming from all sides in our current iteration of culture war, it’s tempting to dismiss the introductory paragraphs of a recent column originally published by Open Democracy as more of the same:

Any schoolchild in the United States knows that the US Declaration of Independence guarantees individuals’ rights to “life, liberty and the pursuit of happiness.”

Now, imagine what these principles mean for right-wingers and religious fundamentalists: where “life” refers to fetuses; “liberty” includes the prerogative to discriminate against LGBTIQ people; and “the pursuit of happiness” is reserved for straight, white patriarchs.

Dismissal, however, would be a mistake.

The concerns addressed by the column were triggered by Secretary of State Mike Pompeo’s announcement of a new government body: The Commission on Unalienable Rights.

According to its statement of intent, the Commission is needed as human rights “discourse has departed from our nation’s founding principles of natural law and natural rights”.

 In case you’re wondering how to distinguish “natural” rights, they’re the ones bestowed by God (at least according to Pompeo’s commissioners). One of them, Peter Berkowitz, argues that Christianity is the source of all human rights. Another, Shaykh Hamza Yusuf Hanson, sees marriage equality for LGBTIQ people as a sign of the “End Times”

Pompeo has raised eyebrows at the State Department and among America’s (increasingly concerned) allies by his efforts to conjoin America’s foreign policy and his religious fundamentalism.

An article in The New York Times noted Pompeo’s willingness to connect foreign policy to his religious beliefs.

No secretary of state in recent decades has been as open and fervent as Mr. Pompeo about discussing Christianityand foreign policy in the same breath. That has increasingly raised questions about the extent to which evangelical beliefs are influencing American diplomacy.

The Times listed Pompeo initiatives prompted by his religious beliefs, including the move of the U.S. Embassy to Jerusalem, and the expansion of Trump Administration anti-abortion policies–effected by terminating financial support for international organizations that support reproductive rights.

In speeches, Pompeo has expressed his belief that mankind is in a “never-ending struggle until the Rapture.” He told a reporter for The New York Times Magazine that the Bible informs everything he does.

His interpretation of Biblical mandates, needless to say, is not universally held even among Christians. But the fact that other people hold beliefs that differ from his hasn’t dissuaded him from his obvious belief that his is the Truth that must be imposed on everyone else.

As Open Democracy reports,

In an op-ed published by the Wall Street Journal, the Secretary of State attacks “politicians and bureaucrats [who have created] new rights”, and thus “blur the distinction between unalienable rights and ad hoc rights granted by governments”. He also asserts that “rights claims are often aimed more at rewarding interest groups and dividing humanity into subgroups”.

Women, non-Christians and gay people are thus categorized as “interest groups.”

The new commission’s initial assault is against abortion and the rights of LGBTQ people, but as the article points out, that’s only the opening salvo.

Unless you are part of the narrow demographic of rich, white men deemed to have rights in 1776, they’re coming for you too. In fact, their ideology threatens the vast majority of people – which is one reason it must be justified as “natural” and God-given.

I can think of few things more terrifying than people in positions of power who are convinced that their God has told them how He (and believe me, for these “Christians” God is always a “He”) wants them to interpret “life, liberty and pursuit of happiness.”

This Administration cannot leave soon enough.

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