Author Archives: Sheila

Twenty-First Century Puritans

Being out on the ocean prompts reflection… 

When I taught Law and Public Policy, I approached the material through a constitutional lens, because I was–and remain–convinced that a basic understanding of American history and the philosophy that shaped what I call “the American Idea” is critically important for anyone hoping to understand today’s politics.

The American Constitution was a product of the 18th Century cultural, intellectual and philosophical movement known as the Enlightenment. Most of us know that the Enlightenment gave us science, empirical inquiry, and the “natural rights” and “social contract” theories of government, but what is less appreciated is that the Enlightenment also changed the way people today understand and define human rights and individual liberty.

We are taught in school that the Puritans and Pilgrims who settled the New World came to America for religious liberty; what we aren’t generally taught is how they defined liberty.

Puritans saw liberty pretty much the same way current politicians like Mike Pence and Mike Johnson do– as “freedom to do the right thing” as they definied it. That meant their own freedom to worship and obey the right God in the true church, and it included their right to use the power of government to ensure that their neighbors did likewise.

The Founders who crafted the American constitution some 150 years later were products of an intervening paradigm change brought about by the Enlightenment and its dramatically different definition of liberty.

America’s constitutional system is based on the Enlightenment concept of liberty, not the Puritan version. It’s an approach we sometimes call “negative liberty.” The Founders believed that our fundamental rights are not given to us by government (nor necessarily “God given” either). Most of them–especially the Deists– believed that rights are “natural,” meaning that we are entitled to certain rights simply by virtue of being human (thus the term “human rights”) and that government has an obligation to respect and protect those inborn, inalienable rights.

That philosophical construct is why–contrary to popular belief–the Bill of Rights does not grant us rights—it protects the rights to which we are entitled by virtue of being human, and it protects them against infringement by an overzealous government. As I used to tell my students, the American Bill of Rights is essentially a list of things that government is forbidden to do. For example, the state cannot dictate our religious or political beliefs, search us without probable cause, or censor our expression—and government is forbidden from doing these things even when popular majorities favor such actions.

Most Americans today live in a post-Enlightenment culture. We accept and value science. We understand liberty to mean our right to live our lives free of government control so long as we are not harming others, and so long as we respect the right of other people to do likewise. But there is a persistent minority that has never accepted an Enlightenment worldview, and that minority currently controls the Republican Party. These contemporary Puritans–who, along with their other religious convictions tend to see Black people and non-Christians as unworthy subordinates– use the word “freedom” in the older, Puritan sense of “freedom to do the right thing” as their reading of their holy book defines “the right thing.” They also  believe it is government’s job to make other citizens do the “right thing” –to impose their version of “Godliness” on the rest of us.

These contemporary Puritans are throwbacks to the early American settlers who defined “liberty” as the imposition of the correct religion on their neighbors. The Enlightenment construct of “live and let live”–the notion that each of us should have the right to believe as we wish, the right to follow our own set of moral imperatives (again, so long as we are not harming the person or property of someone else) was utterly foreign to those original Puritans, and it is evidently equally inconceivable to their philosophical descendants.

(Interestingly, these throwbacks to Puritanism never seem to doubt that they know precisely what God wants–that, as a friend once put it, God hates the same people they do. But that’s a phenomenon for a different post.)

If you had told me ten years ago that American government would once again be under the thumb of Puritans, I wouldn’t have believed it. But here we are–with a Speaker of the House of Representatives who is a full-blown Puritan throwback and a Republican Party that has rejected the Enlightenment.

When I have computer problems, I reboot. That usually returns my laptop to working order. Can we reboot America?

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Well, What Do You Know? It DIDN’T Get Worse

Yesterday’s post ended with a gloomy “I don’t know how it can get worse.” Today, the news is considerably brighter.

I have no idea what day it is in the U.S. (Here on board the cruise ship,  where we keep crossing the international dateline, the elevators helpfully have carpets that tell us the day of the week–they’re changed daily. Unfortunately, so are the clocks…). Whatever. The day before yesterday (I think), I accessed the results of the 2023 election, and boy do I feel better!

I’m sure everyone who follows this blog already knows what a very good day Tuesday was for Democrats, and for reproductive autonomy.

Ohio voters incorporated abortion rights in that state’s constitution. (They also gave a green light to weed…). In Virginia, where the Republican governor had promised to pass a “moderate” ban on abortion if voters gave him control of the state’s legislature, the Democrats hung on to their majority in the state Senate and took control of the House.

In Red Kentucky, Democrat Andy Beshear defeated a “pro life” Republican to retain the Governor’s office. Less surprising–but still satisfying–Democrats won big in New Jersey.

The news was even good in depressingly Red Indiana.

In Indianapolis, in what has been billed the most expensive Mayoral race ever, Democrat Joe Hogsett won handily over  Jefferson Shreve, who put more than thirteen million dollars of his own money into one of the worst and most annoying campaigns I’ve seen–he came across as a creepy guy willing to say pretty much anything to get elected (Issue consistency wasn’t his strong suit.) Given that this will be Hogsett’s third term–and given that he is not all that popular even among Democrats–it should have been closer; as it was, it was just a monumental waste of Shreve’s money.

With the exception of a disappointing loss in Carmel, indiana, where the Republican candidate repeatedly refused to criticize the local Mom’s for Liberty theocrats who’d “accidentally” quoted Hitler, Democrats did surprisingly well around the state: they flipped several mayoral offices from Republican to Democratic, including  Evansville, Terre Haute, Lawrence, Michigan City, West Lafayette and Hobart.

Every local election is ultimately about the candidates in that race, but I remain absolutely convinced that Democrats owe a big thank-you to Justice Alito and his profoundly stupid, dishonest and unAmerican decision in Dobbs.

What a significant majority of Americans understand–at least at a visceral level–is that Dobbs isn’t simply about a woman’s right to terminate a pregnancy–important as that right is. It is about the power of the state to dictate our most personal decisions.

Back when I was a Republican, the GOP stood for limiting government interventions to those areas of our common lives that clearly require government action. That is a position that is entirely consistent with the libertarian premise underlying America’s Bill of Rights: the principle that individuals should be free to make their own life choices, unless and until those choices harm others, and so long as they are willing to accord an equal right to others.

Today’s authoritarian, theocratic GOP has utterly abandoned that commitment to individual liberty–it has morphed into a party intent upon using the power of government to impose its Christian Nationalist views on everyone else.

As Morton and I wrote in our recent book, the assault on reproductive choice–the belief that government has the right to force women to give birth–is only one element of an overall illiberal, statist and very dangerous philosophy. The fundamental right of persons to determine for themselves the course of their own lives and the well-being of their families has become the central political issue of our time–and it isn’t an issue that affects only women.

For the last fifty years, the nation’s courts explicitly recognized the importance of drawing a line between decisions government can properly make and decision that–in our Constitutional system–must be left up to the individual. The decision in Dobbs very clearly threatens that fundamental understanding, and at some level, America’s voters recognize that threat and its very dire implications.

For much of the last fifty years, Republican electoral success relied upon turning out single-issue “pro life” voters. So long as Roe v. Wade remained in force, Democratic voters continued to base their votes on a range of issues, confident that the right to choose remained in place.

Then the dog caught the car.

Tuesday’s results bode well for 2024 and a return to American principles.

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Taking The Country Down With Them

In the run-up to electing a Speaker of the House, Moira Donegan considered the underlying reason for the GOP’s chaos. She wrote that “Republicans have no interest in public service, an ideological hostility to functional government and an insatiable thirst for attention.”

As Donegan also noted, there are few, if any, adults in the GOP’s room.

The “adult in the room” is a person willing to make difficult compromises, a person willing to sacrifice vanity for pragmatism, a person with a clear eye of their own priorities and needs and more determination to achieve them than a desire to make a point.

What the Republicans need, she wrote, is

someone more level-headed and serious, someone willing to accept imperfect compromises and to subvert his own ego for the good of the party, someone who might even possess a quality that passes for dignity.

Evidently, someone who isn’t currently a Republican.

Donegan was writing before the House GOP settled on someone who is emphatically not the adult she described. Instead, the GOP chose a previously-unknown theocrat with a dubious past, a set of extreme rightwing bigotries and a total lack of any leadership experience.

Donegan’s essay was written just after Jordan and Scalise had both failed to grab the brass ring, and she pointed out that these men– both “extremists and election deniers, comfortable with white supremacy and willing to discard democratic principles.”–had “ascended to what counts for leadership in the Republican conference, not in spite of the depravity of their positions, but because of them.”

They are the products of rightwing political, fundraising and media apparatuses that incentivize candidates to move further and further to the right – and which have left the Republican party itself both unable and unwilling to impose discipline on its politicians…

In a project that spanned decades, Republicans and their allies built a vast conservative media infrastructure and developed an impressive skill for shaping and whetting the ideological appetites of their audience, creating a more and more conservative base.

And as we now know, Republicans proceeded to elect extremist and election denier Mike Johnson as Speaker. Johnson was aptly desscribed by Jamelle Bouie as a right-wing fever dream come to life.

Mike Johnson is neither a moderate nor an institutionalist. Just the opposite. A protégé of Jordan’s, he comes, as you have doubtless heard, from the far-right, anti-institutionalist wing of the congressional Republican Party. And while he was not a member of the Freedom Caucus, he did lead the Republican Study Committee, a group devoted to the proposition that any dollar spent on social insurance is a dollar too much….

And what does Johnson believe? He is staunchly against the bodily autonomy of women and transgender people and supports a nationwide ban on abortion and gender-affirming care for trans youth. He is also virulently anti-gay. In a 2003 essay, Johnson defended laws that criminalized homosexual activity between consenting adults. In 2004, he warned that same-sex marriage was a “dark harbinger of chaos and sexual anarchy that could doom even the strongest republic.” Last year, Johnson introduced legislation that has been compared to Florida’s “Don’t Say Gay” law, and he continues to push to overturn Obergefell v. Hodges, the Supreme Court decision that legalized same-sex marriage nationwide in 2015.

If Johnson is known for anything, however, it is for his tireless advocacy on behalf of Donald Trump’s attempt to overturn the 2020 presidential election.

As Bouie accurately notes, Johnson is Jim Jordan in substance but not Jim Jordan in style, which was evidently enough to win him the coveted title. Media, which had previously ignored Johnson, has begun an “after the fact” investigation.

The Guardian, for example, found that Johnson is “a believer in scriptural originalism, the view that the Bible is the truth and the sole legitimate source for public policy.”

Chalk up his elevation to the speakership as the greatest victory so far within Congress for the religious right in its holy war to turn the US government into a theocracy.

Since his fellow Republicans made him their leader, numerous articles have reported Johnson’s religiously motivated, far-right views on abortion, same-sex marriage and LGBTQ+ rights. But that barely scratches the surface. Johnson was a senior lawyer for the extremist Alliance Defending Fund (later the Alliance Defending Freedom) from 2002 to 2010. This is the organization responsible for orchestrating the 303 Creative v Elenis legal arguments to obtain a ruling from the supreme court permitting a wedding website designer to refuse to do business with gay couples.

There’s much, much more.

This delusional ideologue is Speaker of the House at a time when the U.S. faces a government shutdown and the global imperatives of two hot wars.

I suppose it could get worse, but I’m not sure how…..

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I Plan To Buy This Book

I have previously quoted Nick Hanauer, a billionaire with a clear vision of economic reality and a refreshing respect for data and evidence.  I first encountered him when he was supporting Seattle’s “Fight for $15.” He pointed out that jobs are created when workers have sufficient disposable income to purchase the goods offered in the marketplace. (If no one is buying your widgets, you are very unlikely to hire additional people to manufacture them.)

In the absence of any empirical evidence,” Nick explained, business owners kept repeating the same false threats over and over: “It’ll be a job killer. It’ll harm the very people it’s intended to help.” Even though these warnings had no basis in economic research, local media repeated the lies uncritically.

Seattle did, in fact, raise its minimum wage, and despite the dire warnings from opponents of the measure, its economy survived. Nicely.

Hanauer was introduced to Donald Cohen, who had noticed a similar effort– businesses arguing that safety regulations kill jobs–and the two of them teamed up to collect other examples. There turned out to be a clear pattern: whenever a social benefit has been proposed, powerful voices have warned that the policy would only hurt the very people it’s intended to help.

They decided to write a book, and enlisted progressive author Joan Walsh. The three of them have produced a volume they’ve titled “Corporate Bullsh*t,” tracing decades of (surprisingly similar) arguments from America’s captains of industry—against abolition, against child labor laws, against women’s suffrage….

There’s a pattern.

According to a letter sent by a friend describing the book (no link available), the book uses a lot of humor to make its point. As Hanauer is quoted,

If you think that you are going to talk the Chamber of Commerce out of saying that raising wages kills jobs by showing them the economic evidence [to the contrary,] you are deeply, deeply naive,” Nick says, adding that ridicule plays “an essential role” in debunking these claims and changing the public conversation for good.

A review of the book from The New Press goes into more detail:

From praising the health benefits of cigarettes to moralizing on the character-building qualities of child labor, rich corporate overlords have gone to astonishing, often morally indefensible lengths to defend their profits. Since the dawn of capitalism, they’ve told the same lies over and over to explain why their bottom line is always more important than the greater good: You say you want to raise the federal minimum wage? Why, you’ll only make things worse for the very people you want to help! Should we hold polluters accountable for the toxins they’re dumping in our air and water? No, the free market will save us! Can we raise taxes on the rich to pay for universal healthcare? Of course not—that will kill jobs! Affordable childcare? Socialism! It’s always the same tired threats and finger-pointing, in a concentrated campaign to keep wealth and power in the hands of the wealthy and powerful.

Corporate Bullsh*t will help you identify this pernicious propaganda for the wealthiest 1 percent, and teach you how to fight back. Structured around some of the most egregious statements ever made by the rich and powerful, the book identifies six categories of falsehoods that repeatedly thwart progress on issues including civil rights, wealth inequality, climate change, voting rights, gun responsibility, and more. With amazing illustrations and a sharp sense of humor, Corporate Bullsh*t teaches readers how to never get conned, bamboozled, or ripped off ever again.

I haven’t read the book yet, so I am approaching it with my own prejudice: the importance of credible empirical evidence.

If X is damaging, how do we know? Has it been tried? Under what circumstances? With what results? Have those results been replicated?

It is perfectly possible for a well-meaning policy to be unworkable or damaging–but an assertion to that effect needs to be backed up with evidence, not rhetoric.

Americans have a bad habit of giving credence to arguments made by the wealthy and powerful simply because those making the arguments are wealthy and powerful. It reminds me of that lyric from “If I Were A Rich Man.”  “The most important men in town would come to call on me, asking questions that would cross a Rabbis eyes–and it won’t make one bit of difference if I answer right or wrong…When you’re rich they think you really know.”

Come to think of it, that goes a long way toward explaining why naive people listen to Trump…

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Fundamental Questions

Maybe it’s old age, or–even more likely– my growing concern that I may be watching human civilization disintegrate around me, but I increasingly find myself mulling over what i call the “fundamental questions.” How should humans live together? What sorts of institutional and governmental arrangements are fairest? What sort of society is most likely to facilitate human flourishing? What sort of economic system might ensure the subsistence of all members of a society without depressing innovation and productivity?

These aren’t new questions. But for those of us with grandchildren who will have to navigate this increasingly chaotic and angry world, they are critical.

Aristotle described the good society as one that encouraged and facilitated human flourishing. It’s been awhile, so I no longer recall how–or whether–he defined “flourishing,” but I can’t imagine people flourishing (however defined) under a system that ignored the requisites of what we call the common good.

I favor John Rawls’ approach to questions of the common good. Rawls–the pre-eminent political philosopher of the 20th Century–begins by insisting upon a “veil of ignorance.” The veil of ignorance is a scenario in which  individuals are placed behind a metaphorical veil that strips them of knowledge about who they will be and where they will live; they cannot know whether they’ll be rich or poor, talented or not, brilliant or mentally disabled, healthy or sickly, etc. From behind that veil of ignorance, the individual must design a society that they  would consider to be a just one no matter where they landed and no matter what their personal attributes.

The goal of the veil device, rather obviously, is to encourage respondents to think deeply about the structure of society, and to ignore to the extent possible the influence of his/her actual attributes and situation.

If Rawls is a bit too theoretical for you, several years ago my friend Morton Marcus penned a more accessible but no less important set of questions. Morton distilled the study of economics and economic systems into the question “Who Gets What?” In that essay, he pointed out that social and material goods are allocated in a more complicated fashion than most of us recognize. Depending upon the good being accessed, it might be allocated on a “first come, first served basis” or via the force/authority exerted by one’s government or family. The allocation might or might not be tied to merit–or at least, what society at a given time regards as merit.

Morton’s exposition was lengthy, but its major contribution consists of the reminder that “who gets what?” is a question that permeates our social and legal relationships and involves multiple decisions by government and the private sector.

Humans have a habit of thinking that the culture into which they’ve been socialized is “natural”–it’s “the way things are.” When “the way things are” is challenged– by technology, displacement, social change, whatever–most people will dig in, defending our world-views and beliefs about the way things should be. Typically, we believe they should be the way we think they’ve always been–the familiar cultural touchstones to which we’ve become accustomed and with which we’re comfortable.

What if we used these scary, unsettled times to consider what human flourishing entails, and to think about the kinds of systematic and social supports that would encourage that individual flourishing?

What if we responded to the uncertainty and chaos in Washington, D.C. and around the globe by purposefully retreating behind Rawls’ veil of ignorance, and trying to envision the outlines of a better, more just society?

What if we didn’t respond to uncertainty and fear by clinging more tightly to what we know, to our fears and prejudices and ideas about what constitutes merit, and instead pictured different ways of allocating goods, of answering the question “Who gets what?”

What if?

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