It’s Not Just Putin

Most Americans think of the United States as  different from the rest of the world, with a very distinct political and social culture. That perspective far too often limits our preoccupations to issues within our borders. Academics may engage in comparative studies, but most of America’s “chattering class” confines its chatter to American politics and institutions.

These days, there are numerous articles, books and columns  devoted to the American Right, for example (especially about its current control of the GOP), but aside from a throwaway sentence here and there, there are relatively few efforts to tie that paternalistic, theocratic, nationalist movement to the broader, worldwide culture war that is pitting people who are embracing–or at least accepting– modernity against those hysterically trying to stop the (emerging) world so that they can get off.

Despite the lack of attention to similar movements elsewhere, there are significant similarities–and since Russia’s invasion of Ukraine, a couple of recent columns have traced the connections between our homegrown cultural Luddites and their fellow resisters around the world.

The Russian invasion of Ukraine prompted Paul Krugman to consider the roots of Putin’s appeal to the American Right.

Krugman locates the sources of the right’s infatuation with a brutal dictator–an infatuation that he reminds us began even before Trump’s rise–to Putin’s championing of  “antiwokeness “— Putin is someone who (to quote Tucker Carlson’s recent defense of his pro-Russian propaganda)  “wouldn’t accuse you of being a racist, who denounced cancel culture and ‘gay propaganda.'”

Some of it reflected a creepy fascination with Putin’s alleged masculinity — Sarah Palin declared that he wrestled bears while President Barack Obama wore “mom jeans” — and the apparent toughness of Putin’s people. Just last year Senator Ted Cruz contrasted footage of a shaven-headed Russian soldier with a U.S. Army recruiting ad to mock our “woke, emasculated” military.

Finally, many on the right simply like the idea of authoritarian rule. Just a few days ago Trump, who has dialed back his praise for Putin, chose instead to express admiration for North Korea’s Kim Jong-un. Kim’s generals and aides, he noted, “cowered” when the dictator spoke, adding that “I want my people to act like that.”

In one of his more perceptive columns, David Brooks also delved into the mind-set of the pro-Putin Right. According to Brooks, the Russian invasion of Ukraine is the continuation of identity politics by other means.

I don’t know about you, but I’ve found the writings of conventional international relations experts to be not very helpful in understanding what this whole crisis is about. But I’ve found the writing of experts in social psychology to be enormously helpful.

That is because–as Brooks points out–the war in Ukraine is primarily about status. “Putin invaded so Russians could feel they are a great nation once again and so Putin himself could feel that he’s a world historical figure along the lines of Peter the Great.” Along the way, Putin has increasingly portrayed himself as not just a national leader “but a civilizational leader, leading the forces of traditional morality against the moral depravity of the West.”

Right-wing populism hasn’t been confined to the United States and Russia; these movements can be found throughout the Western world –and for that matter, probably in every country that is experiencing significant modernization and liberalization, which are seen as undermining “traditional values.”

Populist movements are generally associated with rejection of science, particularly the science underlying environmentalism, with nationalism and nativism, and with anti-globalization fervor. (Trump’s protectionism fit right in.) As Wikipedia defines the European variant of the populist movement,

 In Europe, the term is often used to describe groups, politicians, and political parties that are generally known for their opposition to immigration, especially from the Muslim world, and for Euroscepticism. Right-wing populists may support expanding the welfare state, but only for those they deem are fit to receive it; this concept has been referred to as “welfare chauvinism.” 

Here in the United States, research confirms that our homegrown populists cling to the belief that only White Christians can be “real” Americans. These people–terrified of losing cultural hegemony– have their analogues around the globe. (It’s one more way in which we aren’t “exceptional.”)

What’s scary is recognition of how widespread that terror is–and how powerfully motivating. Obama’s  much-criticized observation that frightened, disoriented people “cling to their guns and their bibles” may have been politically unwise, but it wasn’t wrong–and the phenomenon isn’t limited to the U.S. Islamic fundamentalist cling to their Korans and bombs…

Global populism is just one more reminder that–despite different geographies and cultures– humans are essentially similar mammals…

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State’s Rights

The importance of appointments to the Supreme Court isn’t limited to the issue of abortion, or to questions whether “religious liberty” protects the right to discriminate against gay people or refuse to be vaccinated, even when that “liberty” demonstrably harms others.

Thanks to Mitch McConnell, the Court now has at least four current Justices who appear ready to erase over a hundred years of precedent in order to protect the GOP’s electoral advantages. If the Court ultimately decides to ignore most of the jurisprudence that followed and applied the 14th Amendment, returning the United States to a decidedly ununited  status under the rubric of “states rights,” it won’t take long before we inhabit a country that most Americans won’t recognize.

And that country will not be a democracy, if by “democracy” we mean majority rule limited only by the Bill of Rights.

The Court recently denied efforts by Republicans from Pennsylvania and North Carolina to overturn lower court decisions that found redistricting maps favoring Democrats were fairly drawn. The immediate result was positive (or negative, depending upon your political preferences) and most people didn’t read beyond the headline. If they had, they would have seen a chilling  dissent filed by four right-wing justices who supported the Republicans’ argument that state legislatures have ultimate power to determine their own voting procedures, including the selection of presidential electors.

This–as several commentators have noted–is the old state’s rights argument.

If a state’s legislature can determine who gets to vote, or how votes are to be counted and by whom, states like Indiana that have already been gerrymandered to ensure Republican super-majorities can pass laws that further disenfranchise Hoosiers who disagree with their agenda, no matter how extensive that disagreement may be. (We saw the outlines of that agenda in the recently concluded session; Republicans and police officers opposed the bill that eliminated the requirement of a permit to carry a gun.It passed anyway. And  Republicans in the legislature have already asked the governor to call a special session to outlaw abortion if–or when–this Supreme Court strikes down Roe v. Wade.)

As historian Heather Cox Richardson recently reminded readers, in 1868, it was this very concept of “states rights” that Congress overrode with the Fourteenth Amendment–an amendment that the states subsequently ratified.

As others have noted, with appropriate alarm, at least four of the current Supreme Court justices have confirmed  that they are ready to support this independent state legislature theory. That support requires what one pundit has accurately called  “a radical reading of the Constitution that imbues state legislatures with total control over election and voting rules, and redistricting.” 

The Supreme Court has already denied the federal courts authority to overrule partisan gerrymandering. If it endorses the independent state legislature theory, that would bar state courts from doing so as well.  As the linked article summarized the situation,

f enough justices embrace this theory, it’ll give state legislatures — which skew Republican thanks to down-ballot investments and aggressive gerrymandering — free rein over redistricting, voting rules and, most disturbingly, elections. 

“It is effectively an avenue to free state legislatures from the supervision of state courts, which play a critical check and balance on the power of those legislatures,” Daley added. “All you have to do is look at state legislatures around the country to get a really good sense of what the future would look like if these legislatures are free to enact election law with impunity.”

An embrace of that theory by the Supreme Court would further exacerbate the divisions between Red states and Blue states; as the old saying goes, what’s sauce for the goose is also sauce for the gander. Many years ago, political scientist Theodore Lowi traced the resistance of local political pooh-bas to the 14th Amendment’s application of the Bill of Rights to state and local units of government. The result of that application, of course, was to create an American identity–to assure citizens that they would have the same basic rights if they moved from State A to State B.

Make no mistake: empowering state legislatures under this radical theory wouldn’t simply entrench political parties and eviscerate the 14th Amendment. It would be a retreat in the direction of the Articles of Confederation.

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Cheap Speech

Richard Hasen recently had a column–pardon me, a “guest essay”–in the New York Times. Hasen is a pre-eminent scholar of elections and electoral systems; whose most recent book is  “Cheap Speech: How Disinformation Poisons Our Politics — and How to Cure It.”

In the “guest essay,” Hasen joins the scholars and pundits concerned about the negative consequences of so-called “fake news.”

The same information revolution that brought us Netflix, podcasts and the knowledge of the world in our smartphone-gripping hands has also undermined American democracy. There can be no doubt that virally spread political disinformation and delusional invective about stolen, rigged elections are threatening the foundation of our Republic. It’s going to take both legal and political change to bolster that foundation, and it might not be enough.

Hasen uses the term “cheap speech” in two ways. It’s an acknowledgement that the Internet has slashed the cost of promulgating all communications–credible and not. But it is also recognition that the information environment has become increasingly “cheap” in the sense of “favoring speech of little value over speech that is more valuable to voters.”

It is expensive to produce quality journalism but cheap to produce polarizing political “takes” and easily shareable disinformation. The economic model for local newspapers and news gathering has collapsed over the past two decades; from 2000 to 2018, journalists lost jobs faster than coal miners.

Hasen catalogues the various ways in which that collapse has undermined confidence in American institutions, especially government, and he points out that much “fake news” is not mere misinformation. but” deliberately spread disinformation, which can be both politically and financially profitable.”

Reading the essay, I thought back to Marshall McLuhan’s famous dictum that “the medium is the message.”  Hasen says that even if politics in the 1950s had been as polarized as they are today, it is highly unlikely that those division would have triggered the insurrection of Jan. 6th, and equally unlikely that millions of Republicans would believe phony claims about a “stolen” 2020 election. Social media has had a profoundly detrimental effect on democracy.

A democracy cannot function without “losers’ consent,” the idea that those on the wrong side of an election face disappointment but agree that there was a fair vote count. Those who believe the last election was stolen will have fewer compunctions about attempting to steal the next one. They are more likely to threaten election officials, triggering an exodus of competent election officials. They are more likely to see the current government as illegitimate and to refuse to follow government guidance on public health, the environment and other issues crucial to health and safety. They are comparatively likely to see violence as a means of resolving political grievances.

Hasen buttresses his argument with several examples of the ways cheap speech –and weakened political parties–damage democracy. His litany leaves us with a very obvious question: what can we do? Assuming the accuracy of his diagnosis, what is the prescribed treatment? Hasen gives us a list of his preferred fixes:  updating campaign finance laws so that they apply to what is now mostly unregulated political advertising disseminated over the internet; mandating the labeling of deep fakes as “altered;” and tightening the ban on foreign campaign expenditures, among others.

Congress should also make it a crime to lie about when, where and how people vote. A Trump supporter has been charged with targeting voters in 2016 with false messages suggesting that they could vote by text or social media post, but it is not clear if existing law makes such conduct illegal. We also need new laws aimed at limiting microtargeting, the use by campaigns or interest groups of intrusive data collected by social media companies to send political ads, including some misleading ones, sometimes to vulnerable populations.

He also acknowledges that such measures would be a hard sell to today’s Supreme Court, noting that much of the court’s jurisprudence depends upon faith in an arguably outmoded “marketplace of ideas” metaphor, which assumes that the truth will emerge through counter-speech.

If that was ever true in the past, it is not true in the cheap speech era. Today, the clearest danger to American democracy is not government censorship but the loss of voter confidence and competence that arises from the sea of disinformation and vitriol.

He argues that we need to find a way to subsidize real  journalism, especially local journalism, and that journalism bodies should use accreditation methods to signal which content is reliable and which is counterfeit. “Over time and with a lot of effort, we can reestablish greater faith in real journalism, at least for a significant part of the population.”

I would add a requirement that schools teach media literacy.

That said, how much of this is do-able is an open question.

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Can Human Ingenuity Save Us?

There used to be a television soap opera called–if I remember accurately–“As the World Turns.” Today, an all-too-real soap opera might be called “As the World Burns,” and those of us who believe in science and evidence have no choice but to watch–and worry about what will happen.

It seems increasingly clear that the outcome will depend upon whether we can avert calamity long enough to allow new technologies to moderate climate change and avoid the worst of the predicted outcomes. And promising technologies are being developed.

Just a couple of recent reports give a sense of the various efforts to provide food and energy while reducing global warming. From Fast Company, we learn that

Inside bioreactors in a Vienna-based lab, the startup Arkeon Biotechnologies is reimagining farming: Using a single-step process of fermentation, it’s turning captured CO2 into ingredients for food. Unlike other fermentation processes—such as brewing beer—it doesn’t start with sugars from plants. Instead, the company uses a microorganism with the unique ability to directly transform CO2 into the building blocks for carbon-negative protein.
 
“The unique feature of the microorganism we’re using is that it’s producing all of the amino acids that we need in human nutrition,” says Gregor Tegl, the CEO of Arkeon, which just raised a seed round of $7 million from investors, including Synthesis Capital and ReGen Ventures…. 

Because the fermentation process also works without any inputs like sugar, it can avoid the environmental impact of growing and harvesting crops. “Basically, it has the potential to bypass agriculture,” says Michael Mitsakos, principal at Evig Group. That efficiency will make the amino acids cheaper than what’s on the market now, he says. Arkeon has also calculated that using its bioreactors to produce protein takes 99% less land than traditional agriculture—potentially creating the opportunity for farmland to turn into forests to help fight climate change—and uses 0.01% of the water in traditional farming. Since the production process uses captured CO2 and few other resources, the ingredients are carbon negative.

When it comes to the world’s vast appetite for energy, we are seeing in real time how important it is to divest ourselves of reliance on fossil fuels-and not just to address climate change. If the West no longer needed oil and gas from Russia, one of Putin’s most potent weapons would vanish.  A Ukrainian climate scientist was recently quoted on the connection between climate change and war:

Burning oil, gas and coal is causing warming and impacts we need to adapt to. And Russia sells these resources and uses the money to buy weapons. Other countries are dependent upon these fossil fuels, they don’t make themselves free of them. This is a fossil fuel war. It’s clear we cannot continue to live this way, it will destroy our civilization.”

We are closer to weaning ourselves from fossil fuels– by accessing geothermal energy.

Geothermal energy resources are virtually immeasurable . One estimate is that the heat located just within the first 6.25 miles of the Earth’s surface would yield 50,000 times more energy than the world’s oil and natural gas supplies. If we can tap into it, it’s renewable and nearly free of emissions. The problem has been in reaching it, due to the immense heat encountered in the deep subsurface. (That heat has melted conventional drilling bits, among other things.) New, highly advanced drilling technologies are “pushing the envelope of what can be achieved in conventional drilling operations.”

The linked article describes one such advanced drilling process; an article from Treehugger describes another. 

But Quaise Energy, a startup spun out of the Massachusetts Institute of Technology (MIT) is applying new drilling technology to make it possible to get geothermal energy anywhere. They don’t want to lily dip at 6.5 miles, either, but they want to go down 12 miles to where it is even hotter (930 degrees Fahrenheit) and anywhere in the world—perhaps right next to existing generating plants already attached to the grid.

Rather than using drill bits that will wear out or melt, they drill with microwaves. It vaporizes boreholes through rock and provides access to deep geothermal heat without complex downhole equipment. It’s described as a “radical new approach to ultra-deep drilling.”

Quaise’s long-term plan is to approach power plants running on fossil fuels and offer to drill geothermal fields customized to match their existing equipment. The fields sit on a footprint 100 to 1,000 times less than what’s needed for solar or wind. Once hooked up, it’s basically business as usual: turbines create electricity and feed it to the grid—and our homes, cars, and businesses—via existing infrastructure.

These and multiple other new technologies are enormously promising, but even if most of them come to fruition, their ability to halt planetary warming will take time.

I sure hope we have that time.

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Did The Founders Get It Wrong? Or Has The World Changed?

This is a hard post to write, because I’ve spent the better part of my adult life–as a lawyer,  as a university professor and (at various times) a columnist– defending and explaining America’s Constitution and Bill of Rights. But I just listened to a fascinating podcast from the University of Chicago’s law school, titled “What are rights?” and the reflections it prompted made me connect some “dots” that I’ve encountered over the years, and ponder questions I’ve ignored or–more accurately–repressed.

In the U.S. Constitution, rights are conceived of as negative. When US was founded, governments were far and away the most powerful threat to individual liberty, and accordingly, the Bill of Rights protected individual rights against government intrusions. (When I was Executive Director of Indiana’s ACLU, I was routinely astonished by the number of people who didn’t understand that the Bill of Rights only protected them against government–that its guarantees weren’t some sort of free-floating shield against all manner of restraints.)

Other Western democracies don’t necessarily share–or even understand–that  limited and negative conception of constitutional rights. Many years ago, I delivered a paper at a conference in Milan, Italy, that included an analysis of a then-recent Supreme Court case, and an Irish scholar challenged me; he thought my description couldn’t possibly be correct because the American notion of negative constitutional rights was unfamiliar to him.

And that brings me to the podcast that triggered this post. That discussion distinguished between human rights and  constitutional rights.

Placing rights in a country’s constitution requires a significant government infrastructure to enforce them–statutes, courts, the training of those who must police and protect citizens. As a result, as the participants in the podcast noted, we want to be prudent –to constitutionalize only the most important of those human rights.

What is “most important,” of course, depends on the cultural context.

Listening to the podcast sent me back to the Universal Declaration of Human Rights, issued by the United Nations in 1948. That document enumerated what were considered basic human rights at the time–and  it included both negative and positive rights. As the Preamble describes those rights, they include recognition of the “inherent dignity and of the equal and inalienable rights of all members of the human family.”

Whereas disregard and contempt for human rights have resulted in barbarous acts which have outraged the conscience of mankind, and the advent of a world in which human beings shall enjoy freedom of speech and belief and freedom from fear and want has been proclaimed as the highest aspiration of the common people…

The entire planet is currently watching a government engage in those “barbarous acts,” as Russia continues its assault on Ukraine–an assault that underlines the continued ability of governments to disregard the fundamental right to human and national self-determination.

In today’s world, however, governments are far from the only powerful actors capable of invading the rights of citizens. Multi-national corporations, obscenely rich oligarchs, and angry “tribes” of citizens enraged by loss of privileged status and empowered by “free press” propaganda all pose a significant and growing threat to both human and constitutional rights.

I have become increasingly convinced that a constitution that protects only negative rights–the “right to be left alone”–important as those protections are, is insufficient.

Re-read that paragraph from the Universal Declaration, especially the phrase “freedom from fear and want.” Other Western democracies have constitutionalized positive rights– to education, to health care, and to housing. The Universal Declaration itself includes positive rights, including the right to education, and the right “to a standard of living adequate for the health and well-being of himself and of his family,

including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.

America’s Constitution and Bill of Rights were major and dramatic innovations for their time. The documents crafted by the nation’s Founders triggered a  philosophical and cultural departure from the then-widespread  belief in the divine right of kings and the concomitant disregard for the rights of common folks.  For the first time, subjects became citizens, and citizens had rights.

We may have arrived at yet another point in human history when we need to rethink how we envision governing–including reconsideration of where the most significant threats to individual liberty reside today, and which additional human rights are important enough to be constitutionalized.

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