It’s We, The People

Robert Kagan recently published a lengthy excerpt from his recent book  “Rebellion: How Antiliberalism is Tearing America Apart — Again” in the Washington Post.

In it, he dismissed a variety of explanations for the MAGA embrace of Trump–discarding arguments that the movement is a result of rapidly changing technology, widening inequality, unsuccessful foreign policies or unrest on university campuses. Instead, he pinned it on failures of We the People.

It is what the Founders worried about and Abraham Lincoln warned about: a decline in what they called public virtue. They feared it would be hard to sustain popular support for the revolutionary liberal principles of the Declaration of Independence, and they worried that the virtuous love of liberty and equality would in time give way to narrow, selfish interest. Although James Madison and his colleagues hoped to establish a government on the solid foundation of self-interest, even Madison acknowledged that no government by the people could be sustained if the people themselves did not have sufficient dedication to the liberal ideals of the Declaration. The people had to love liberty, not just for themselves but as an abstract ideal for all humans.

Kagan worries that too many of us no longer care about preserving the system the Founders bequeathed us–a system based on the principles of universal equality and natural rights. Preserving that system, he says, “plain and simple, is what this election is about.”

“A republic if you can keep it,” Benjamin Franklin allegedly said of the government created by the Constitutional Convention in 1787. This is the year we may choose not to keep it.

Kagan follows that sentence with an extended recap of what most Americans know–about the intent of the January 6th insurrection, about Trump’s candid announcements of his goals, about the unconscionable failure of the Senate to use impeachment, the mechanism provided by the Founders, to negate the threat of further insurrection. Then he gets to the crux of his argument.

So, why will so many vote for him anyway? For a significant segment of the Republican electorate, the white-hot core of the Trump movement, it is because they want to see the system overthrown. This should not come as a shock, for it is not a new phenomenon. On the contrary, it is as old as the republic. Historians have written about the “liberal tradition” in America, but there has from the beginning also been an anti-liberal tradition: large numbers of Americans determined to preserve preliberal traditions, hierarchies and beliefs against the secular liberal principles of the Declaration of Independence and Bill of Rights. The Founders based the republic on a radical set of principles and assertions about government: that all human beings were created equal in their possession of certain “natural rights” that government was bound to respect and to safeguard. These rights did not derive from religious belief but were “self-evident.” They were not granted by the Christian God, by the crown or even by the Constitution. They were inherent in what it meant to be human.

That paragraph introduced a lengthy historical discussion in which Kagan reminded readers that MAGA is really nothing new. Throughout our history, significant numbers of Americans have rejected the classical liberal foundations of the nation’s constituent documents–and especially the notion of civic equality.

For two centuries, many White Americans have felt under siege by the Founders’ liberalism. They have been defeated in war and suppressed by threats of force, but more than that, they have been continually oppressed by a system designed by the Founders to preserve and strengthen liberalism against competing beliefs and hierarchies. Since World War II, the courts and the political system have pursued the Founders’ liberal goals with greater and greater fidelity, ending official segregation, driving religion from public schools, recognizing and defending the rights of women and minorities hitherto deprived of their “natural rights” because of religious, racial and ethnic discrimination. The hegemony of liberalism has expanded, just as Lincoln hoped it would, “constantly spreading and deepening its influence, and augmenting the happiness and value of life to all people of colors everywhere.” Anti-liberal political scientist Patrick Deneen calls it “liberal totalitarianism”….

Kagan reminds us that the fury on the Right against “wokeness” is nothing new. “Anti-liberal movements in America, whether in defense of the White race or Christianity, and more often both together, have always claimed to be suffering under the expanding hegemony of liberalism.”

There is much more, and it is definitely worth reading in its entirety.

Bottom line: MAGA’s Christian Nationalism is nothing new. In November, We the People will either defend our “natural rights” or we will lose them.

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Doonesbury Nails It

Stinging humor has been one of the more notable characteristics of what I devoutly hope will NOT be known as “the age of Trump.” Late-night comedians have gone where GOP politicians terrified of their MAGA base (and Democrats persuaded to  “go high” when Republicans “go low”) have failed to go. 

The result has been a situation in which the most biting–and frequently, most accurate–commentary has come from stand-up comedians and the Sunday funnies. Last Sunday, Doonesbury used a fictional psychiatrist to echo observations and conclusions that have been discussed for several months by real mental health professionals: Trump is rapidly slipping into dementia.

Elias–Doonesbury’s fictional “resident psychiatrist”– points to the symptoms: repeatedly mixing people up (not just forgetting names, which happens to all of us, but calling Biden Obama or Haley Pelosi); phonemic paraphasia (“freestyling” off the stem of a word); slurring; semantic aphasia; and tangental speech. The last panel of the cartoon is a warning, showing nonsense words coming out of the White House.

In all fairness, I didn’t find the Sunday strip funny. I did find it educational–and terrifying.

Trump’s “word salads” have been the subject of innumerable Facebook jokes and memes, but mental health professionals and pundits agree that his more recent speeches and outbursts have changed in nature. The Doonesbury labels appear to fit.

Phonemic paraphasia, for example, is defined as a disorder in which incorrect phonemes are substituted. For example, one may say “spot” instead of “pot.” Literal paraphasia could also be switching syllables or creating reverse compound words such as “markbook” instead of “bookmark.” There are differing types; according to Wikipedia,

Wernicke’s aphasia is characterized by fluent language with made up or unnecessary words with little or no meaning to speech. Those who suffer from this type of aphasia have difficulty understanding others speech and are unaware of their own mistakes. When corrected they will repeat their verbal paraphasias and have trouble finding the correct word….

Phonemic paraphasia, also referred to as phonological paraphasia or literal paraphasia, refers to the substitution of a word with a nonword that preserves at least half of the segments and/or number of syllables of the intended word. This can lead to a variety of errors, including formal ones, in which one word is replaced with another phonologically related to the intended word; phonemic ones, in which one word is replaced with a nonword phonologically related to the intended word; and approximations, an attempt to find the word without producing either a word or nonword. These types of errors are associated with Wernicke’s aphasia, among others. Phonemic paraphasias are often caused by lesions to the external capsule, extending to the posterior part of the temporal lobe or internal capsule.

Wikipedia defines “semantic aphasia”as a “progressive neurodegenerative disorder characterized by loss of semantic memory in both the verbal and non-verbal domains. However, the most common presenting symptoms are in the verbal domain (with loss of word meaning). Semantic dementia is a disorder of semantic memory that causes patients to lose the ability to match words or images to their meanings.”

Tangential speech is a communication disorder in which the train of thought of the speaker wanders and shows a lack of focus, never returning to the initial topic of the conversation. (Full disclosure: my kids will tell you I have this one…although usually I do– eventually– return to the initial topic.)

Quite obviously, I am not a doctor, nor do I play one on TV. Neither is Gary Trudeau, the Doonesbury cartoonist. That said, Trudeau hasn’t created this diagnosis out of thin air or political pique–increasing numbers of mental health professionals have raised alarms. It began during his first term, with “The Dangerous Case of Donald Trump” in which 27 psychiatrists evaluated concerning aspects of his personality; and has accelerated with psychologists warning of the dangers posed by  more recent evidence of his mental decline. (One example: Harry Segal, a senior lecturer in psychology at Cornell University who has been critical of the former president’s mental health since he was first elected, said Trump was showing clear signs of onset dementia.)

It doesn’t correlate with age. Some people “lose it” at sixty; others are mentally sharp at 100.

And it isn’t simply the bone-chilling prospect of a single, truly demented head of state. The Trump presidency has illuminated a challenge going forward. It has become standard for candidates to share their medical evaluations with the voting public; is it time to require aspirants for high office to be screened for mental illnesses? 

And given some of our past Chief Executives, where would we set the bar?

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Allow Me To Translate..And Pontificate

In a recent column in the New York Times, Thomas Edsall once again returned to the subject of political polarization, and–as is his typical approach–quoted scholars on the subject. As a former member of that tribe, I will admit that the problem with quoting academics is the occasional impenetrability of the language. (It’s not a problem limited to academia–not long after becoming Executive Director of Indiana’s ACLU, I was counseled by a member of the national staff to stop sounding like an “ACLU lawyer.” Every career has its jargon…)

At any rate, allow me to quote–and then translate–one of the scholars who responded to Edsall:

Interventions to reduce affective polarization will be ineffective if they operate only at the individual, emotional level. Ignoring the role of polarizing politicians and political incentives to instrumentalize affective polarization for political gain will fail to generate change while enhancing cynicism when polite conversations among willing participants do not generate prodemocratic change.

In other words, polarization isn’t just a matter of individual hostility for those on the other “team.” Political leadership bears considerable responsibility for MAGA resistance to democratic norms. The polarization reflected in our everyday conversations is cultivated by political “culture warriors” like Georgia’s Marjorie Taylor Green and her Indiana clone, Jim Banks. As a different scholar (one evidently more comfortable with normal English usage) put it:

I don’t think any bottom-up intervention is going to solve a problem that is structural. You could reduce misperceptions for a day or two, or put diverse groups together for an hour, but these people will be polarized again as soon as they are exposed once more to campaign rhetoric.

A recent study evidently found that widespread popular opposition to anti-democratic policies is insufficient to prevent their adoption. That research found that what the scholars called “backsliding behavior by elites” occurred irrespective of a lack of public approval or support; and that much of the problem is rooted in the fact that “Americans, despite their distaste for norm violations, continue to elect representatives whose policies and actions threaten democracy.”

In other words–and this will most definitely not come as a shock to any citizen who’s been paying even the slightest attention–virtually all of the current dysfunctions of governance are caused by the various doofuses we’re electing. (I cannot restrain myself from reminding you, dear readers, that it is frequently thanks to gerrymandering that we are electing these performative, anti-democratic culture warriors.)

As another scholar opined,

Whatever techniques might exist to reduce citizen animosity must be accompanied by efforts to reduce hostility among elected officials. It doesn’t matter if we can make someone more positive toward the other party if that effect is quickly undone by watching cable news, reading social media, or otherwise listening to divisive political elites.

In other words–as several of the researchers contacted by Edsall confirmed– positive effects of efforts to intervene and ameliorate polarization “are almost immediately nullified by the hostile rhetoric in contemporary politics.”

A professor of psychological science at the University of California-Irvine attributed the persistence of polarization to what he dubbed a “moralized political environment,” and that phrase resonated with me. I am hardly the only person to see today’s political disputes as evidence that contemporary political combat takes place between partisans who hold significantly different values. 

As Edsall noted,

The issues dividing the parties have changed. When the two parties fought over size of government, taxes, social welfare programs, it was possible for partisans to imagine a compromise that is more or less acceptable even if not ideal. Compromise on issues like abortion, gender roles, L.G.B.T.Q.+ rights, the role of religion is much more difficult. So losing feels like more of a threat to people’s values.

From my vantage point, we have moved from good faith arguments about the proper approach to various issues–the “how”–to arguments about “whether.” Rather than debating, say, the best way to feed poor children, we confront self-identified “pro life” politicians who simply oppose spending any tax dollars on food for poor children. Rather than debates about America’s global role and the least dangerous way to approach Putin’s ambitions in Ukraine, political figures like Braun and Banks vote–as conservative George Will wrote–“to assure Vladimir Putin’s attempt to erase a European nation.” Etcetera.

We aren’t having “political” arguments. We are having deeply moral ones.

Survey research confirms that a majority of the American public is on the right side of those moral debates–but that obsolete political structures allow MAGA Republicans–a statistical minority– to ignore We the People.

Political structures empowering ideological minorities are the reason we can’t just “make nice” and “all get along.”

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Complicated–And Consequential

The virtue of America’s current battle over a woman’s right to control her own body is its clarity. Either a woman has the right to determine whether she will give birth, or the government has the right to force her to do so, irrespective of the consequences for her health and well-being.

It’s either/or. 

Other threats we face are much more subtle and complicated. Policy changes that may seem innocuous or even reasonable on the surface have the potential to undermine rules that demonstrably serve the common good. An example is the passage this year of bills in Indiana, Nebraska, and Idaho that propose to end “judicial deference.”  Judicial deference is a doctrine that requires federal or state courts to “defer” to administrative agencies’ interpretations of agency statutes and regulations. Instead, those bills require courts to apply de novo review — to examine executive agency actions without bothering to give weight to that agency’s interpretation of the statute or regulation in question.

The bills were based on model legislation: the Judicial Deference Reform Act, developed by The Goldwater Institute and the Pacific Legal Foundation. Those bills might not have been necessary, though–our radical, rogue Supreme Court, unconstrained by precedent, appears ready to junk that doctrine, called The Chevron doctrine after the long-ago footnote that established it. 

Why should we care about this arcane bit of jurisprudence? As one recent analysis explained, overturning the Chevron doctrine would allow individual judges to implement their partisan policy preferences instead of abiding by agency expertise.

Under Chevron deference, courts have been obligated for the past half-century to defer to career expert civil servants in agencies who created rules based on their statutory authority when the statutes were ambiguous or silent, as to highly specific and technical areas of regulation. Chevron deference has been used in more than 19,000 cases and is the basis on which Congress has enacted broadly worded statutes granting agencies regulatory authority for the past 40 years. Now, the Supreme Court is poised to throw the baby out with the bathwater by overturning the very authority it directed Congress and federal agencies to operate under….

The court also appeared ready to return to the Skidmore v. Swift & Co. doctrine, which preceded Chevron and, ultimately, would give federal courts more power to implement their policy preferences and ignore agency expertise. As Justice Elena Kagan aptly pointed out, Chevron replaced Skidmore because “judges [were] becoming too partisan in interpreting regulations,” which “dampens that kind of ideological division between courts.” She also reasoned that “Skidmore is not a doctrine of [judicial] humility.” Meanwhile, Justice Ketanji Brown Jackson emphasized that Chevron allows Congress to delegate policy choices to executive agencies and voiced concerns that “if we take away something like Chevron, the court will then suddenly become a policymaker.”

As the linked article notes, the conservative legal movement’s long effort to use the legal system to serve the interests of  corporate behemoths at the expense of sound policy and the broader interests of the American public seems increasingly likely to succeed.

The doctrine requires “deference”–not submission. If evidence produced at trial shows that an agency’s interpretation of a rule is unreasonable, the courts can and should overturn that interpretation. But discarding the requirement that courts should defer--not “buckle under”–is yet another blow to respect for knowledge and expertise. 

Executive branch agencies increasingly deal with matters requiring considerable subject-matter knowledge. Officials of the EPA are highly likely to know more about unsafe levels of arsenic in drinking water than a judge presiding over a case brought by a company that has been fined for exceeding that level in its discharge into a local river. Officials at the FDA have met professional standards for evaluating the safety of food and/or the efficacy of drugs. Recently, we’ve been reminded of the importance of informed FAA oversight of aircraft manufacturers like Boeing. The growing complexities of modern life–in technology, in medical science, in product safety–requires acknowledging the importance of specialized expertise.

The courts have operated under Chevron deference since 1984. That deference has not kept them from invalidating unreasonable or overbroad interpretations of statutes and regulations. It has, however, required judges (who come to the bench with a very different kind of expertise) to listen carefully to the reasons agency personnel interpret a given rule in the way that they do.

Most Americans have never heard of Chevron; in Indiana, Nebraska and Idaho, most citizens are blissfully unaware of the passage of laws discarding the doctrine.

The threat posed by overruling the doctrine is far less obvious than the threat to women’s autonomy–but that doesn’t mean this assault on expert knowledge isn’t significant.

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The Protests, The War

This will be a somewhat longer post than usual, and it has been an extraordinarily difficult one to write.

As a retired faculty member of Indiana University, and a former Executive Director of Indiana’s ACLU, I have been appalled by IU’s over-the-top response to the student protests on the Bloomington campus. The late-night change of a 55-year-old policy,  the decision to invite a police presence, the horrifying confirmation that a sniper was positioned on a nearby roof–all of this in response to what observers described as a peaceful protest–is incomprehensible.

Other institutions of higher education have similarly over-reacted–but still others have not. At Dartmouth, Jewish and Middle-Eastern professors have co-taught a class exploring the conflict and its history; at the University of Chicago, where my granddaughter is a sophomore, the University has issued a statement reaffirming students’ right to protest while making it clear that demonstrations “cannot jeopardize safety or disrupt the University’s operations and the ability of people in the University to carry out their work.”

You don’t have to agree with the message being conveyed in order to support the right to protest. In the immortal words of Oliver Wendell Holmes, freedom of speech is meaningless unless it is also “freedom for the idea we hate.”

I have refrained from posting my own concerns about the conduct of a war that has divided America’s Jewish community as much as it has the broader polity. But Josh Marshall of Talking Points Memo recently shared his reactions, and I share them. (Marshall is Jewish). He begins his essay by noting that much of the anti-Semitism being voiced has come–at least at Columbia–from non-students on the periphery of the protests. He also points to the naiveté of students calling for the elimination of the State of Israel, attributing the slogans to “the kind of revolutionary cosplay that is often part and parcel of college activism.”

Is this anti-Semitic? Not as such. It’s a political view that the Israeli state never should have come into existence in the first place and that the events of 1948 should simply be reversed by force, if a solution can’t be voluntarily agreed to. But since a bit over half of Jews in the world live in Israel, that is a demand or an aim that can’t help but seem wildly threatening to the vast majority of Jews in the world, certainly the ones in Israel but by no means only them.

Marshall discusses the decades-long administrative changes in institutions of higher education that have made so many universities ill-equipped to deal properly with this particular moment, and then he turns to the war itself.

If it is true that the groups spearheading the protest expressly hold eliminationist goals and beliefs about Israel, it is just as clearly true that the real energy of these protests isn’t about 1948 or even 1967 — they are about what people have been seeing on their TVs for the last six months. And that is a vast military onslaught that has leveled numerous neighborhoods throughout Gaza, led to the substantial physical destruction of much whole strip and lead to the deaths of more than 30,000 people. That’s horrifying. And people know that the U.S. has played a role in it. It’s not at all surprising that lots and lots of students are wildly up in arms about that and want to protest to make it stop.

To me, you can’t really understand the situation without recognizing that Hamas started this engagement by launching a massacre of almost unimaginable scale and brutality and then retreated to what has always been its key strategic defense in Gaza, which is intentionally placing their military infrastructure in and under civilian areas so that the price of attacking them militarily is mass civilian casualties that are then mobilized internationally to curtail Israeli military attacks on Hamas.

This is unquestionably true and no one can honestly deny that this is Hamas’s central strategic concept: employing civilian shields to limit Israel’s ability to engage Hamas in military terms.

But that being true doesn’t make tens of thousands of people less dead. And most of the dead aren’t Hamas. So if you’re a student you say — along with quite a few non-students in the U.S. — all that stuff may be true, but what I’m seeing is the ongoing slaughter of thousands of innocents and I absolutely need that to stop, especially if it is being carried out directly or indirectly with arms my tax dollars bought….

The last six months has thrown me very hard back on to defending the existence of Israel, its historical connections to Jews in Europe and the Middle East before the 20th century, its origins as the political expression of a people who are in fact indigenous to Israel-Palestine. And that’s because all of these things are now questioned and attacked as core questions.

But the reality is that these conversations, often harrowing and angry, are simply diversions from anything that creates a path forward from the terrible present. There are two national communities deeply embedded in the land. Neither is going anywhere even though there are substantial proportions of both communities who want that to happen to the other one. There’s no way to build something sustainable and dignified without both peoples having a state in which they have self-determination and citizenship. That’s the only plausible endpoint where violence doesn’t remain an ever-present reality. How you get there is another story. And yes, if you think one unified state makes sense, God bless you. If you can get majorities of both groups to agree to that, fine. I don’t live there. If that’s what they want, great. That’s almost certainly never going to be the case. And it’s a failed state in the making.

But none of these arguments about 1948 or 1967 or indigeneity or “settler colonialism” really impact or have anything to do with getting to some two state/partition end point. And no I’m not saying for a moment that that will be easy to get to. It seems terribly far off. But fantasies and alternative histories won’t get us there.

I am older than Marshall–old enough to remember my mother sobbing while reading “The Black Book” after the end of WWII–a compendium of reporting on Nazi atrocities. I remember the little blue box she kept, in which she collected dimes and quarters to plant trees in Israel, and I remember the fervent hopes of family members for the establishment of a place where Jews would be safe. Back then, none of us could have conceived of an Israeli government dominated by a Bibi Netanyahu, whose twenty years of shameful policies toward Palestinians have actually strengthened the Hamas terrorists, not to mention being utterly inconsistent with Jewish law, culture and tradition.

On this blog, I often repeat the mantra “it’s complicated.” And the situation in the Middle East is nothing if not complicated. Nothing–not history, not Netanyahu’s behavior before or since–justifies the barbarity of October 7th. That said, neither does that barbarity justify the horrors that have been unleashed on the Palestinian civilians in Gaza–just as shameful incidents of anti-Semitism on the nation’s campuses do not justify wholesale assaults on peaceful protesters.

A final reminder: the Christian Zionists in and out of Congress who support anything and everything that Israel does are motivated by their belief in the prophecy that all Jews must be “returned” to Israel in order to usher in the Rapture. Jews who accept Jesus will be “Raptured up,” while the rest of us will burn in hell. Unconditional support for Israel is necessary to bring that about–such support is most definitely not evidence of loving-kindness for the Jewish people.

At the end of the day, I keep thinking about that plaintive question from Rodney King, after he’d been beaten by officers of the LAPD: “Why can’t we all just get along?”

If only I had an answer to that…..

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