That Infamous Memo

For years, I’ve seen references to the memorandum written by former Supreme Court Justice Lewis Powell, well before he joined the court, to the Education Committee of the national Chamber of Commerce. I was always curious about its contents, (but obviously not curious enough to google or otherwise research it).

Fortunately, Vernon Turner reproduced it in his new book, Why Angels Weep: America and Donald Trump.

It is important to recognize that this memo was written in 1971–when the country was still in the chaos of the tumultuous events we lump together as “the Sixties.” Powell was hardly the only privileged white guy who experienced the events of that era as a wholesale assault on everything America stood for. Nor was he entirely wrong: there were certainly people in the streets at that time who would have cheerfully brought the whole system down. They weren’t into nuance or careful distinctions.

That said, it is fascinating to see the panic in Powell’s analysis and the obvious long-term effects of his recommendations.

Powell is less concerned with the “sources” of what he perceives as a broad scale attack on (an undefined) “free enterprise” than with the fact that elements of society he considers “respectable” seem to agree with many of the criticisms leveled by the “Communists, New Leftists and other revolutionaries.”  He is especially critical of “the campuses”–and seems particularly aggrieved  that institutions receiving tax dollars and support from the business community are harboring people critical of capitalism.

Pardon the aside, but I’m really getting tired of this particular trope. For one thing, it isn’t accurate. It may be true  that faculty in elite institutions tend to be liberal, but most colleges in the U.S. are not Yale, Stanford, Harvard or the University of Chicago. This country has 629 public universities, 1,845 private four-year institutions (a significant number of which are affiliated with conservative religious denominations), and 1070 public and 596 private two-year colleges. They defy uniformity in everything from the quality of instruction to the political orientation of their faculties.

Of course, when respect for science and evidence are enough to make people “liberals,” I guess most educated people must plead guilty…

What really struck me about Powell’s memo, however, wasn’t his somewhat paranoid tone. It was this passage:

“The day is long past when the chief executive officer of a major corporation discharges his responsibility by maintaining a satisfactory growth of profits, with due regard to the corporation’s public and social responsibilities.

Think about that last sentence. Powell’s memo was written at a time when it was accepted that corporations and other business enterprises had “public and social responsibilities.”

Back in “the day,” I served on a number of civic boards with local businesspeople (okay, local businessmen) who considered civic and social participation an integral part of their jobs–who believed that making their communities better places to live was an important aspect of their business responsibility–whether it added anything to the bottom line or not.

To say things have changed would be an understatement.

Later in the memo, Powell laments that “few elements of American society have as little influence on government as the American businessman, the corporation or even the millions of stockholders.” Today, this elicits an out-loud laugh (it probably wasn’t very accurate in 1971, either).

In the years since Powell authored his memo, the world has changed dramatically–and a good deal of that change was triggered by his memo. Today–in the wake of Supreme Court cases (in some of which Powell participated) that laid the groundwork for Citizens United– corporations pretty much dictate government policy. It is workers and consumers who are currently unrepresented in the halls of Congress.

The ancient Greeks were right to seek out the “mean between extremes.” Business interests certainly deserve a place a the policy table. So does labor. So do consumers. When no element of the economic universe has the power to dictate public policy to the detriment of the others–when there is a genuine balance of power and a recognition of the legitimacy of the claims of all elements of our economic system–then, and only then, will markets work.

Lewis Powell was a (somewhat blinkered) product of his time. That time is long gone.

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Voting Your Tribe

Anyone who’s ever taken Sociology 101–or history–understands that people react defensively in times of rapid social change. If they perceive the changes as threats to their world-views or economic prospects–and many people do–those defense mechanisms very often include an exaggerated tribalism, a stronger-than-usual identification with the racial or religious or political group to which the person belongs.

The worldwide wave of White Nationalism we are experiencing is one manifestation of this reaction. So is the animosity toward immigrants and the re-emergence of overt racial and religious prejudices.

The election of Donald Trump–itself a manifestation of these attitudes–has given people who harbor racial anxieties permission to be far more public about those attitudes; we’ve seen a spike in hate crimes and the public expression of appalling attitudes toward black and brown people, Muslims, Jews, immigrants…any and all people whose appearance and/or behavior suggests that they aren’t one of “us.”(Whoever “us” may be.)

Tribal attitudes are destructive of democracy in a country as diverse as ours, and they are a real minefield for progressive candidates for public office. 

A new study highlights the challenges politicians face trying to connect with a multilingual citizenry, including the intensely negative reaction voters who only speak English may have when they see Spanish-language political ads.

Two scholars from the University of Chicago and Yale University teamed up to investigate whether Spanish-language political ads can help Republican and Democratic candidates win over bilingual voters. The good news for candidates: These ads likely will help some of them win a little more support from bilinguals. The bad news: If a candidate’s Spanish ad is broadcast to an English-only audience, support could plummet.

The negative response to Spanish-language ads by viewers who spoke only English wasn’t limited to  Republicans or to more conservative voters; the study found the same response from Democrats. English-only participants generally responded negatively to the Spanish ads, with support for the candidate making the spot declining pretty substantially.

The study didn’t delve into motivation, but it is more than plausible that the Spanish-speaking candidates were viewed as somehow less American–as smarty-pants globalists willing to speak to “interlopers”–immigrants from Spanish speaking countries–in their native tongue, rather than demanding that they  speak English like “real” Americans.

Republican candidates, of course, are more willing to exploit and deepen such attitudes. A recent Washington Post article titled “The All-Consuming Tribalism of Trump’s Republican Party in One 30-Second Ad” features Indiana’s own–ugh–Todd Rokita, a perfect specimen of the GOP’s current cohort of despicables.

As metaphors for the Trump-led Republican Party go, it’s difficult to beat Rep. Todd Rokita’s new ad in the Indiana Senate race.

In 30 seconds, the Republican congressman from Indiana discusses no policy issues and says basically nothing besides “I will support Trump the most,” before throwing on a Make America Great Again hat for emphasis.

The ad, titled “MAGA,” is a remarkable little window into how at least one candidate thinks you win in today’s GOP, and Rokita hopes it’s his ticket to the Republican nomination to face Sen. Joe Donnelly (D-Ind.) next month.

The article notes that Rokita and his opponents have basically turned the primary into a competition over which candidate is the Trumpiest.

Trump has rendered many policy positions negotiable — even with himself — and has turned a Republican Party that was all about conservative purity earlier this decade into one that is more about Trump purity. It’s a party built on personality whose base has stood by Trump, even as he has shrugged off an antagonistic foreign power’s incursion into U.S. elections. It’s a party that almost instantly and universally dismisses every Trump-inspired controversy as unimportant and a media creation — even “fake news.”

So here’s where we are: we’re being asked to vote for the candidate who is most entitled to tribal membership. Republicans are to base that determination not on an avowed commitment to the U.S. Constitution or the rule of law, not on a pledge to pursue the common good or provide ethical leadership, but on a fervent promise to be an obedient sycophant.

The GOP is no longer a political party. It isn’t even a tribe. It’s a cult, and Trump is its “Dear Leader.”

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Dayenu

Dayenu is a song sung during the Passover Seder–the Jewish celebration of the ancient exodus from Egypt. The lyrics acknowledge the miracles God is said to have performed on behalf of those escaping servitude, and each miracle is followed by “Dayenu”–meaning, it would have been enough.

So “If He had brought us out from Egypt, and had not carried out judgments against them— Dayenu, it would have been enough!

“If He had carried out judgments against them, and not against their idols”— Dayenu, it would have been enough!

The song goes on in that fashion for numerous stanzas. What brought it to mind was an especially annoying element of the current infighting among Democrats. (Bear with me.)

I frequently see angry posts from liberals, decrying what they see as a lack of a compelling  Democratic Party message going into the midterm elections. Comments posted to this blog and elsewhere are harshly critical of both major political parties; there are frequent assertions that there is little difference between them or between the oligarchs that control both. Some of the criticism is misplaced, but some of it is fair.

Here in Indiana,  where Democratic Senator Joe Donnelly is up for re-election, his less-than-liberal positions also come in for considerable criticism, and–at least from my perspective– much of that criticism is deserved.

Here’s the problem: These negative analyses of Donnelly and the Democrats are frequently accompanied by pledges to refrain from voting for either. The authors of these pledges are simply too pure to cast their votes for flawed, imperfect candidates of a flawed, imperfect political party. They  argue that “it isn’t enough just to be against Trump and his GOP enablers.”

They’re wrong.

Dayenu.  Right now, it is enough.

As Robert Reich recently reminded us,

Not so fast. Remember what happened in 2016, when Libertarian Gary Johnson got 3.2 percent of the popular vote and Green Party candidate Jill Stein got 1.06 percent. Enough votes that, had they gone to Hillary Clinton, she’d have won the Electoral College, and Donald Trump wouldn’t be in the White House.

 Oh, and anyone remember what happened in 2000, when the votes that went to Ralph Nader all but sealed the fate of Al Gore, and gave us George W. Bush.

You see the problem? In a winner-take-all system like ours, votes for third party candidates siphon away votes from the major party candidate whose views are closest to that third-party candidate. So by not voting for the lesser of two evils, if that’s what you want to call them, you end up with the worse of two evils.

Voters who are unhappy with their choices do have options: we can work through our chosen parties to effect change; we can support better candidates in the primaries. We can work for better campaign finance laws, an end to gerrymandering, and other systemic changes that will make it harder for special interests to buy/bribe lawmakers.

Of course, doing those things requires considerable time and effort. It also requires working within a system that is far from perfect or even admirable.( Politics is, after all, the art of the possible.) Purists prefer making the perfect the enemy of the good.

I will vote a straight Democratic ticket in November. That includes voting for Joe Donnelly. Is he my ideal Senator? No. Is he a far better choice that any of the Republicans running in the May primary for the right to oppose him? Absolutely. Is his re-election essential to a Democratic takeover of the Senate? Yes. Is a Democratic takeover of the Senate necessary to stop the refashioning of the federal judiciary and the steady confirmation of extremist, rightwing judges? Yes.

Will a “blue wave” in November bring us a perfect government? Hell no. But it will give us some desperately-needed breathing room–the time we need to fight for a better, fairer, more inclusive America. A wave will allow us to overturn the most egregious and harmful measures imposed by the Trump Kakistocracy. It will allow us to begin what will be a long and arduous process of restoring American civility, sanity and the rule of law.

DAYENU–that will be enough.

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The Call Of Moral Duty

I empathize with Michael Gerson, George W. Bush’s former speechwriter who is now a columnist for the Washington Post. Closer to home, I’m sympathetic to conservative blogger Paul Ogden. Despite significant policy disagreements with them, I respect these longtime conservatives, because they are two of the few–very few–who have remained intellectually honest during the Trumpification of the GOP.

People like these remind us that there is an intellectually respectable conservative philosophy, and that its basic tenets haven’t changed even if the party that used to espouse them has.

In a recent column for the Post, Gerson confronts the conflict between political philosophy and a desire to exercise power.

Is it time for anti-Trump conservatives to recognize that they have lost the political and policy battle within the GOP and to accommodate themselves as best they can to an uncomfortable reality?

This is the argument of the Ethics and Public Policy Center’s Henry Olsen, one of the most thoughtful political analysts on the right. On issues such as trade, immigration and the Muslim travel ban, he argues, Republican critics of President Trump are dramatically “out of step with conservative[s].”

As Gerson sees it, this is a call to put aside differences on some policies in order to work together on the implementation of other goals upon which there is broad agreement within the conservative movement. In the abstract, that’s normal political realism; even within a particular faction of the same party, policy differences will exist and need to be negotiated.

As Gerson recognizes, however, these aren’t normal times.

If Trump were merely proposing a border wall and the more aggressive employment of tariffs, we would be engaged in a debate, not facing a schism. Both President Ronald Reagan and President George W. Bush played the tariff chess game. As a Republican presidential candidate, Mitt Romney endorsed the massive “self-deportation” of undocumented workers without the rise of a #NeverRomney movement.

But it is blind, even obtuse, to place Trumpism in the same category. Trump’s policy proposals — the details of which Trump himself seems unconcerned and uninformed about — are symbolic expressions of a certain approach to politics. The stated purpose of Trump’s border wall is to keep out a contagion of Mexican rapists and murderers. His argument is not taken from Heritage Foundation policy papers. He makes it by quoting the racist poem “The Snake,” which compares migrants to dangerous vermin. Trump proposes to ban migration from some Muslim-majority countries because Muslim refugees, as he sees it, are a Trojan-horse threat of terrorism. Trump’s policy ideas are incidental to his message of dehumanization.

So how do we split the political difference on this one? Shall we talk about Mexican migrants as rapists on every other day? Shall we provide rhetorical cover for alt-right bigots only on special occasions, such as after a racist rally and murder?

Gerson continues his analysis: Republicans criticize media bias, but Trump is trying to delegitimize criticism as “fake news” and mainstream journalists as “enemies of the people.”  Politicians being investigated can be expected to push back, but Trump is trying to discredit all federal law enforcement and he deliberately cultivates citizen distrust of a mythical“deep state.”

We have seen similar damage in the realm of values and norms. In the cultivation of anger and tribalism. In the use of language to inflame and demean. In the destruction of a common factual basis for politics, making policy compromise of the kind Olsen favors impossible.

As Gerson says, these choices are not a dialectic requiring synthesis. They’re alternatives demanding a choice. Instead of capitulating to the party’s white nationalists in hopes of policy victories and partisan dominance, Gerson counsels elected leaders to “remind Americans who they are and affirm our common bonds,” and to work for an

agenda of working-class uplift, not an agenda of white resentment — which will consign Republicans to moral squalor and (eventually) to electoral irrelevance. For principled conservatives to hear the call of moral duty and stand up for their beliefs until this madness passes. As it will.

People join political parties for all sorts of reasons. Both parties are mixtures of policy wonks, rigid ideologues and political theorists along with rank and file folks influenced by their parents, co-workers or friends.

Trumpism confronts the dwindling number of intellectually-honest Republicans with a difficult choice: whether to swallow hard and continue to be obedient soldiers in a debased, white nationalist GOP, or remain true to the conservative philosophy that led them to join the party in the first place, even at the cost of antagonizing old friends.

The call of moral duty is clear.

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Trump’s GOP

Ever since the 2016 election, liberal publications have been bending over backwards to include more diversity of opinion, a project that isn’t going so well. As we saw with the Atlantic‘s recent effort, there is considerable conflict over what sorts of “conservative” opinions should be given a respectful hearing–which opinions deserve to be part of a reasoned and civil argument–and which are so beyond the pale that including them would simply legitimize abhorrent positions.

Vox weighed in on that issue awhile back.

The article considered–and criticized–recent efforts by the New York Times to broaden the perspectives represented by its columnists.

The newspaper’s defense, articulated repeatedly by Bennet, news editor Dean Baquet, and onetime ombudsman Liz Spayd, is that the paper is pursuing diversity of opinion, attempting to challenge its readers. “Didn’t we learn from this past election that our goal should be to understand different views?” asked Baquet.

That defense doesn’t hold up to much scrutiny. As I said in a column on Stephens last year, “it takes a particular sort of insularity to hire a pro-war, anti-Trump white guy as a contribution to diversity on the NYT editorial page.”

As the article acknowledged, Donald Trump’s victory was seen by a number of  people in “elite political circles” as evidence that they had been living in a bubble of their own–that they had utterly failed to understand a supposed “heartland” filled with Trump voters, and that they needed to understand the perspectives of those voters. (I have yet to run across Trump voters who want to understand the perspective of the “elitists” who were unwilling to hand the nuclear codes to a four-times-bankrupt reality star with no government experience.)

David Roberts, who wrote the Vox column, is particularly critical of the conservatives who write for the Times.

Consider, oh, David Brooks. His conservatism, of Sam’s Club affectation, fiscal conservatism, tepid social liberalism, and genial trolling of center-leftists at Davos — whom does it speak for in today’s politics, beyond Brooks?

Or Ross Douthat. He is sporadically interesting, often infuriating, but above all, pretty idiosyncratic. His socially conservative “reformicon” thing — whom does it speak for in today’s politics, beyond Douthat?

Bret Stephens and Bari Weiss are a familiar type of glib contrarian. Their opposition to Trump has given them undue credibility among Washington lefties, whom they relentlessly (and boringly) troll. But whom are they speaking for? What has the Never Trump movement amounted to?

Roberts argues that, although these writers might serve the purpose of challenging liberal thinking, they don’t expose Times readers to the people who voted for Trump–the people from whom they are allegedly alienated.

The signal feature of the 2016 election is that it settled the question of whether US conservatism — the actual movement, I mean, not the people in Washington think tanks who claim to be its spokespeople — is animated by a set of shared ideals and policies. It is not.

For many years, many people have convinced themselves otherwise. A lot of people believe to this day that the Tea Party uprising and the subsequent eight years of hysterical, unremitting, norm-violating opposition to Barack Obama was about small-government philosophy and a devotion to low taxes and less regulation, and had nothing to do with social backlash against a black, cosmopolitan, urban law professor and his diverse, rising coalition.

And therein lies the dilemma. An effort to understand conservative philosophy is irrelevant to the reality of today’s GOP. Whatever one thinks of Paul Ryan, he represents the  “small government, low taxes, anti-social welfare” conservatism with which well-meaning (albeit naive) liberals want to engage. Whatever else his departure may mean, it is a signal that the GOP is now the party of White Nationalism, not conservatism, and it has no coherent or remotely respectable philosophy with which to engage.

At this point, though many people on all sides still refuse to acknowledge it, the evidence is overwhelming: It was cultural backlash, against immigrants, minorities, uppity women, liberals, and all the other forces seen as dislodging traditional white men from their centrality in American culture.

It’s Trump’s party now.

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