Read This Book

Last week, I finished reading Jonathan Rauch’s The Constitution of Knowledge. I highly recommend it.

The book is an extraordinarily readable primer on epistemology –how we humans know what we know, and a defense of the proposition that knowledge is a product of collective and institutional effort–what we might call the scientific method writ large. (As Rauch points out, knowledge is “a conversation, not a destination,” and falsification is an essential element in the development of knowledge.)

He begins with the thesis that the open society is defined by three social systems: economic, political, and epistemic, and that each of those systems handles social decision-making about resources, power, and truth. The book goes on to compare and contrast those social systems, and to connect today’s challenges to the long history of philosophical and scientific inquiries about the nature of reality, the differences between faith and fact, and the social and governmental importance of occupying the same “reality-based” community.

The book is also a stirring defense of free speech against assaults from both the  right (censorship) and the left (cancel culture).

Rauch warns that the real danger in a culture where lying is ubiquitous isn’t simply misdirection; it is the undermining of our ability to distinguish between fact and falsehood. As others have noted, the methodology of censorship has changed; today, rather than efforts to simply suppress uncongenial ideas (virtually impossible in our digital age), the tactic is to “flood the information zone with shit”–to confuse, undermine and paralyze rather than brainwash.

In the digital age, Rauch shares a concern that regular readers of this blog will recognize as  a preoccupation of mine–a concern that  the marketplace of ideas is in danger of being supplanted by a marketplace of realities.

Perhaps the greatest virtue of the book is Rauch’s detailed explanation of why facts are–and must be– a social product.

Whether and where and how much of the time we think well thus depends not just on how biased we may be as individuals or even how we behave in unstructured groups; it also depends, crucially, on the design of the social environment in which we find ourselves. To phrase the point more bluntly: It’s the institutions, stupid.

As he says, our task is to create a” social environment which increases rightness and reduces wrongness.” Unlike our governmental constitution, the constitution of knowledge is unwritten, but no less important–it is a “social operating system” that aims to elicit co-operation and resolve differences on the “basis of rules rather than personal authority or tribal affiliation or brute force.” And he reminds us that information technology is very different from knowledge technology.

Information can be simply emitted, but knowledge, the product of a rich social interaction, must be achieved.

Rauch also reminds readers that all knowledge is necessarily provisional–that as we learn more, we revisit and refine what we “know” in light of new information and new knowledge, and that this inevitable impermanence can be very threatening to individuals who need bright lines and eternal truths.

Rauch concludes the discussion with advice on how the reality-based community can respond to and marginalize the trolls and virtue signalers and others who are using our new tools of communication to pollute the national discourse.

Speaking of that national discourse, I thought it was interesting to look at the ideological diversity of those who provided the inevitable jacket “blurbs” praising the book, because they represent a variety of (reality-based)political and social perspectives. Their range testifies to the objectivity of the content.

Bottom line, this is a truly important book, providing an essential overview of how humans know, how the “Constitution of Knowledge” overcomes individual errors and biases, allowing the collective “us” to distinguish between fact and fiction, and why that process is so essential to social construction and stability.

The foregoing description does a real disservice to the scope and richness of this book. You need to read it.

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Abandoning Equivalence

A few days ago, over at Talking Points Memo Josh Marshall shared an important observation.  He was reporting on yet another asinine demand by yet another asinine Republican operative–in this case, the Chairman of the Republican party of Virginia, who wanted the University of Virginia to open an investigation into Professor Larry Sabato. Sabato is a noted and widely cited political observer; however, according to the Chairman of the “anti-cancel” party, Sabato’s “bitter partisanship.” violated  UVA’s ethical code and justified “cancelling” him. (Of course, he didn’t put it quite that way…)

The University responded, according to Marshall, “by telling the Virginia GOP, in so many words, to STFU.”

Another day, another example of hypocrisy and stupidity. It wouldn’t be worth a post, except for Marshall’s further insightful observation, which I am taking the liberty of quoting at some length.

Years ago – and in some case until quite recently – there was a group of commentators who the prestige news shows relied on for non-partisan, “both sides” commentary on the politics of the day. Two of the most visible – especially on shows like The NewsHour were Norm Ornstein and Thomas Mann, two think tank political scientists from AEI and Brookings respectively. Another was presidential historian Michael Beschloss. Another was Larry Sabato. Ornstein and Mann tended to focus on the function of Congress; Beschloss, the presidency; Sabato, federal elections. But they each covered the full terrain of contemporary politics. If you go back through 20-plus years of my writing the Editors’ Blog you’ll probably find some criticism of each of them, almost certainly precisely because of this studious effort to see the country’s two political parties in equal terms and treat them as such, even as the evidence for that perspective steadily dwindled….

In the spring of 2012 Mann and Ornstein published an OpEd in The Washington Post: “Let’s Just Say It: The Republicans Are the Problem“. The title speaks for itself but if you wanted more you could read the book that it was adapted from It’s Even Worse Than It Looks: How the American Constitutional System Collided With the New Politics of Extremism. Ornstein’s twitter feed is now so blistering in its criticism of contemporary conservatism and the GOP that it makes me blush. Beschloss now has a priceless Twitter feed made up largely of historical artifacts, photos, commemorations almost all of which function as subtweets of Trump, Trumpism or some related manifestation of the contemporary GOP.

Sabato was in many ways the final holdout. In an interview with The Richmond Times-Dispatch for an article about the state GOP investigation demand, Sabato chalked the shift up to Trump and the January 6th insurrection. “People had better pay attention because if they don’t, it’s going to happen again.”

These political pundits originally earned reputations as fair-minded, non-partisan political scientists translating research data for the edification of the public. Their whole “schtick” was even-handedness; they were political Joe Fridays confining themselves to “just the facts, ma’am.” They had–and still have– significant professional incentives to be “both-siders” to the greatest extent consistent with scholarly integrity.

So what has changed?

I suggest that what’s changed is political reality. We are at a point in America’s political life when people who actually know what they are talking about can no longer treat today’s GOP as a normal political party. Norman Ornstein was a Republican and to the best of my knowledge, he is still working for a conservative think-tank. Michael Beschloss always struck me as a bit right of center, although careful to maintain objectivity. Ditto Sabato, who never came across as anything but a studied fence-straddler. (Granted, these were my impressions, and may well have differed from the reactions of others.)

There comes a time when knowledgable people who were trained to be dispassionate (and incentivized to bend over backwards to be “balanced”) can no longer ignore the evidence.

We’re at that point.

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Law And Order

According to Fox News and other Republican sources, America is experiencing a crime wave. Actually, we aren’t. What we are experiencing is a rise in homicides–almost entirely as a result of gun violence.

As a recent Guardian article explained: homicides were up across the US in 2020 and appeared to be primarily driven by rising gun violence. Other crimes, however, fell.

A preliminary government estimate shows a 25% single-year increase in killings in 2020. In some larger cities, the number of homicides has remained higher than usual through the early months of 2021.

While official national crime data will not be released for months, some trends are clear. The 2020 homicide increase happened across cities and towns of all sizes, from those with fewer than 10,000 residents to those with more than a million, according to preliminary FBI data.

The rise in homicides likely translated into an additional 4,000 to 5,000 people killed across the country compared with the year before, according to early estimates.

The increase in murder comes as robberies declined more than 10%, and rapes declined 14%. Overall, violent crime increased 3%. The obvious question is: why? Why is murder up while overall crime is down? And how worried should we be?

Some context is helpful: even with the rising homicide rates, Americans are safer than we have been historically.

And yet, even after an estimated 25% single-year increase in homicides, Americans overall are much less likely to be killed today than they were in the 1990s, and the homicide rate across big cities is still close to half what it was a quarter century ago.

New York City saw more than 2,200 killings in a single year in 1990, compared with 468 last year, according to city data. In the bigger picture, that’s a nearly 80% decrease.

Los Angeles saw more than 1,000 homicides a year in the early 1990s, compared with fewer than 350 last year.

Furthermore, the article quotes one scholar of crime for the observation that the increases in homicide are taking place in neighborhoods where homicides have traditionally been concentrated. The incidence is not spreading out.

The pandemic has clearly contributed.

There is some evidence that national factors, including the many stresses and disruptions of the pandemic, may have played a role in the 2020 homicide increase. The uptick was “widespread,” Rosenfeld said. In an analysis of big city crime trends for the nonprofit Council on Criminal Justice, “We found very few cities that did not experience pretty significant rises in homicide during 2020,” he said.

Whatever researchers ultimately determine, it is impossible to ignore the effect of America’s gun culture and the sheer number of weapons owned by our citizens.

A preprint study from researchers at the University of California, Davis, which has not yet been peer-reviewed, suggested that a spike in gun purchases during the early months of the pandemic was associated with a nearly 8% increase in gun violence from March through May, or 776 additional fatal and nonfatal shooting injuries nationwide. The researchers found that states that had lower levels of violent crime pre-Covid saw a stronger connection between additional gun purchases and more gun violence.

There has been a predictable effort to attribute the rise in homicides to criticisms of police, or to unrest blamed on Black Lives Matter, but the data simply doesn’t support those accusations.

Some police officials and their allies have asserted that last summer’s big, volatile protests against police violence diverted police resources and attention away from their normal patrols, and have suggested that demoralized, angry police officers might be less proactive or effective in dealing with violent crime.

But Jeff Asher, a crime analyst who writes extensively about homicide trends, examined 60 cities and found no correlation between the number of Black Lives Matter protests, and the size of a city’s homicide increase.

Rosenfeld cautioned that any policing-focused explanation for the homicide increase needed to explain why the change would have only affected serious and deadly violence.

“Most crime is down, including most felony, serious crime,” he said. “If the de-policing argument is correct, why did it only affect an uptick in violence and not other street crime?”

At this point, the stresses of the pandemic, especially on low-income neighborhoods, appear to be a significant cause of hostility and despair and “acting out.” But the easy availability of guns clearly was–and continues to be–an enormous factor.

I’ll believe Americans seriously want to reduce violence and homicides when we get serious about gun control. But I’m not holding my breath…

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The Fourteenth Amendment

Can you all stand another diatribe about our misunderstood Constitution and its history?

Yale Constitutional scholar Akhil Reed Amar has repeatedly made an important–and largely unrecognized–point about the 14th Amendment. That Amendment, which we now consider part of the Bill of Rights, actually revised–or as he says,”reconstructed”–the original Constitution and Bill of Rights.

When I was teaching, I became acutely aware of how few students understood the impact of the 13th, 14th and 15th Amendments. Few came to class knowing, for example, that prior to the passage of the 14th Amendment (and the subsequent Supreme Court cases applying its terms) the provisions of the Bill of Rights had restrained only the federal government. (State governments could–and did–“establish” religions, for example. Massachusetts didn’t “de-establish” religion until 1833.)

Jonathan Bingham, a Republican (how times have changed!)and “one of America’s forgotten second Founders” who sponsored the 14th Amendment, constantly pointed to the Supreme Court ruling that first eight amendments did not “extend to the states.” In his book The Bill of Rights, Amar quotes Bingham saying “These eight articles I have shown never were limitations upon the power of the states until made so by the 14th Amendment.”

Heather Cox Richardson recently provided historical context for the passage of the 14th Amendment.

In 1865, the Thirteenth Amendment to the Constitution had prohibited slavery on the basis of race, but it did not prevent the establishment of a system in which Black Americans continued to be unequal. Backed by President Andrew Johnson, who had taken over the presidency after an actor had murdered President Abraham Lincoln, white southern Democrats had done their best to push their Black neighbors back into subservience. So long as southern states had abolished enslavement, repudiated Confederate debts, and nullified the ordinances of secession, Johnson was happy to readmit them to full standing in the Union, still led by the very men who had organized the Confederacy and made war on the United States.

Northern Republican lawmakers refused. There was no way they were going to rebuild southern society on the same blueprint as existed before the Civil War, especially since the upcoming 1870 census would count Black Americans as whole persons for the first time in the nation’s history, giving southern states more power in Congress and the Electoral College after the war than they had had before it. Having just fought a war to destroy the South’s ideology, they were not going to let it regrow in peacetime.

Richardson reminds us that, despite passage of the 13th Amendment, emancipated Black Americans in southern states could not vote, testify in court or sit on a jury.

In part, the Fourteenth Amendment was a response to the Dred Scott decision, which had declared that Black men “are not included, and were not intended to be included, under the word ‘citizens’ in the Constitution, and can therefore claim none of the rights and privileges which that instrument provides for and secures to citizens.” The Fourteenth Amendment rejected that ruling, with specific language stating that  “All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.”

But the Amendment did more than clarify that Black people were citizens.

The amendment also addressed the Dred Scott decision in another profound way. In 1857, southerners and Democrats who were adamantly opposed to federal power controlled the Supreme Court. They backed states’ rights. So the Dred Scott decision did more than read Black Americans out of our history; it dramatically circumscribed Congress’s power.

This was the crux of the “states rights” argument. Under the pre-14th Amendment Constitution, “democracy” was defined by the state–or, as Richardson notes, by those people in a state who were allowed to vote. In other words, white men.

The Fourteenth Amendment gave the federal government the power to protect individuals from state legislative discrimination. It changed the locus of governmental authority in a number of ways, and as we are seeing–as red states send National Guard troops to the border, try to limit federal vaccine efforts, sue repeatedly to overturn the Affordable Care Act, and engage in numerous efforts to circumscribe the ability of the federal government to guarantee equal rights–  that change is still being resisted.

For far too many politicians and jurists, respect for “originalism” is very selective. It stops with ratification of the “original” Constitution in 1788–and ignores everything that has come after, no matter how profoundly what came after altered, limited and/or enlarged what had come before.

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Rural Red, Urban Blue

Talk about living in bubbles….

It isn’t just the Internet, or our very human tendency to consult information sources compatible with our biases and beliefs. I’ve written before about The Big Sort, the 2008 book by Bill Bishop which tracked the “sorting” of Americans into residential tribes–especially urban and rural–a phenomenon Bishop warned was “tearing us apart.”

Since the publication of that book, the divisions between city and rural dwellers have only deepened–with suburbs appearing to move toward the urban side of the scale. Given the other long-term trends that I’ve been noting (and about which I’ve been posting) the ability of Republicans–at least, in their current iteration– to retain control of the national government over the long term looks decidedly grim.

Last month, The New York Times ran a story about the urban/rural divide, noting that the GOP is simply out of touch with diverse urban areas.

The Times interviewed Jerry Sanders, a Republican who had served two terms as mayor of San Diego. The story noted that in 2012, Sanders was the most prominent Republican city executive in the country. A former police chief who was close to the business community, in a rational world, Sanders would seem to be a a political role model for other urban  Republican mayors–he was a political moderate who worked with the Obama administration on urban policy and endorsed gay marriage.

Sanders left the GOP on January 7th.

The report noted that Sanders’ sour evaluation of the GOP’s urban appeal was borne out in off-year elections.

From Mr. Sanders’s California to New York City and New Jersey and the increasingly blue state of Virginia with its crucial suburbs of Washington, D.C., the Republican Party’s feeble appeal to the country’s big cities and dense suburbs is on vivid display.

Where the G.O.P. once consistently mounted robust campaigns in many of these areas, the party is now all but locked out of all the major contests of 2021.

The realignment of national politics around urban-versus-rural divisions has seemingly doomed Republicans in these areas as surely as it has all but eradicated the Democratic Party as a force across the Plains and the Upper Mountain West. At the national level, Republicans have largely accepted that trade-off as advantageous, since the structure of the federal government gives disproportionate power to sparsely populated rural states.

Indeed, as the article makes clear,  the only metro areas where the G.O.P. maintains influence are in red states (like Indiana) where Republican governors and state legislators can impose their policy preferences on local leaders.

The consequences of this urban/rural “big sort” are mostly negative. From a governance perspective, the ability of  significantly fewer rural voters to thwart the electoral choices and policy preferences of popular majorities is dangerously anti-democratic . If the structural influences that give undue power to those “sparsely populated” rural areas aren’t countered, that situation will continue to undermine the legitimacy of the federal government. (It has already facilitated a gridlock that has gone a long way toward destroying its stability.)

But it isn’t just political structures that are damaged by the dominance of liberals in cities and conservatives in rural areas. The divide damages our ability as citizens to participate in reasoned debates with neighbors who have different perspectives. Conservatives living in urban areas feel politically powerless, as do liberals who reside in rural precincts of the country. The media’s tendency to lump voters into categories of “red” or “blue” also blurs the very real differences within those categories. 

Most concerning of all is the ability of “sorted” populations to inhabit wildly different realities. As a long-ago student from a small town in Indiana reminded me during a class discussion of the Filter Bubble, bubbles can be geographic as well as informational. 

If we fixed the structural glitches that allow today’s Republicans to ignore urban constituencies, perhaps the GOP would once again embrace contemporary versions of Jerry Sanders, Bill Hudnut and  Richard Lugar, in order to become competitive in the nation’s cities. And perhaps Democrats would come out of their rural closets.

Yeah, I know. Perhaps pigs will fly…..

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