Remember The Kerner Report?

In 1967, President Lyndon Johnson constituted the Kerner Commission, and asked its members to identify and analyze the social forces and dysfunctions that had triggered a national epidemic of inner-city riots in the 1960s.

Their findings weren’t what Johnson had anticipated or wanted.

Unhappy with the findings and the flaws they revealed in his “Great Society” agenda, Johnson ultimately distanced himself from the Kerner Report, even refusing to sign thank you cards to the commissioners.

The most famous paragraph, of course, was the one that warned “Our nation is moving toward two societies, one black, one white—separate and unequal.”

The report was an indictment of white America:

What white Americans have never fully understood but what the Negro can never forget — is that white society is deeply implicated in the ghetto. White institutions created it, white institutions maintain it, and white society condones it.

As an article from the Smithsonian recently put it, the Commission’s inquiry identified those “white institutions”: bad policing practices, a flawed justice system, unscrupulous consumer credit practices, poor or inadequate housing, high unemployment, voter suppression, and other “culturally embedded forms of racial discrimination” that had converged and triggered violent upheavals, primarily in African-American neighborhoods of American cities.

And as black unrest arose, inadequately trained police officers and National Guard troops entered affected neighborhoods, often worsening the violence.

Rereading the report, it is stunning to realize how much hasn’t changed, especially the escalation of violence caused by policing practices. 

Far too many of the “institutions” the Kerner Report identified still persist, half a century later. Thanks to cell phone cameras, America has almost daily evidence of bad policing. A robust academic criminal justice literature documents the flaws in our justice system. Redlining and other discriminatory banking practices continue, although somewhat abated. Housing issues persist. And vote suppression has become more sophisticated and–if anything–more widespread.

That said, there are some striking and hopeful differences in the eruptions we are currently experiencing. For one thing, the crowds on the streets are multi-cultural and largely peaceful. For another, polling reflects widespread public support for Black Lives Matter and for measures to (finally) address the issues first identified by the Kerner Commission.

Also hopeful (yes, I know–hope “springs eternal”) is growing recognition of the structural nature of racism. The Kerner Report was prescient in its use of the term “institutions.”

Racism isn’t just Neo-Nazi rioters chanting “they shall not replace us,”  or the KKK burning a cross, or the refusal of a business to hire or serve “those people.” It isn’t confined to overt bad behaviors or bigoted personal attitudes. 

Racism is implicated in our acceptance of mass incarceration, our failure to notice, let alone protest, social stereotypes, the widespread trust in– and easy acceptance of– official versions of police interactions that turned violent or deadly. It’s reflected in acceptance of the way we  finance public education–methods that ensure that affluent areas will have well-resourced schools while schools in poorer areas will struggle. It’s the reason for the persistent animus and political pushback against efforts to strengthen the social safety net–the reason Americans sneer at poor people, especially poor people of color, who accept “welfare,” while applauding the real recipients of welfare– the “captains of industry” who lobby for and profit from obscenely large subsidies.

In a particularly pertinent observation, the Kerner Report deplored the practice of arming police officers with more deadly weapons. Instead, it recommended “a policy which combines ghetto enrichment with programs designed to encourage integration of substantial numbers of Negroes into the society outside the ghetto.” 

It wasn’t just President Johnson who rejected the findings. Overall white response to the Kerner Report was hostile. According to the Smithsonian article,

White response to the Kerner Commission helped to lay the foundation for the law-and-order campaign that elected Richard Nixon to the presidency later that year. Instead of considering the full weight of white prejudice, Americans endorsed rhetoric that called for arming police officers like soldiers and cracking down on crime in inner cities.

Fifty years later, white America cannot afford to make the same mistake.

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Predicting The Future

It’s impossible to pick up a magazine or log into a blog or website without coming across an article predicting how dramatically the Coronavirus pandemic will change the world.

As Steven Pearlstein recently wrote in the Washington Post,  self-appointed soothsayers are predicting the demise of globalization, the triumph of large enterprises over small business, and dramatic lifestyle changes brought about by fear of dangerous microbes:
everything from diminished travel, as people “think twice about boarding an airplane, checking into a hotel, attending a concert or taking their kids to Disney World” to the emptying out of expensive cities, since so many of us–and our employers– have discovered that we can work just as well from home.

Time to take a deep breath.

I certainly don’t have a crystal ball–nor do I claim any particular expertise in “futurism,” but these predictions strike me as fanciful at best and absurd at worst. Just look at how desperately people are returning to their previous behaviors, even in the face of warnings that it is dangerously early for such return. Humans are creatures of habit.

We are dependent upon those international supply chains. Our families are scattered around the globe, and we still want to visit them. Often, on airplanes. Etc.  Although there is likely to be movement toward remote work, that movement has been underway for quite some time, and it is necessarily limited–not just because many jobs require our physical presence, but because so many of us see real value in face-to-face interactions with our coworkers.

All of this is not to say that change is not underway. It is–and much of the social unrest we are seeing is attributable to it. The pandemic may accelerate some part of the broader social changes that were occurring when it hit–or it may retard some–but the real shifts have been underway for years, fostered by improved transportation and communication technologies and demographics.

I suspect that changes in the wake of the video of George Floyd’s murder by a police officer will turn out to be far more consequential than those triggered by the pandemic.

Last year, Gallup documented major social changes that have occurred “since Woodstock”: religious attachment has waned, support for marijuana legalization has grown, interracial marriage–and its acceptance– has increased, a majority of Americans now support reproductive rights, voters are far more willing to elect women or people of color, family sizes have shrunk, and given the option, most women now prefer to enter the workforce to staying home. And of course– to belabor the obvious–attitudes about premarital sex and LGBTQ citizens have dramatically changed.

There is a (hotly disputed) academic theory that posits cultural “swings” every forty or fifty years. Whatever the accuracy of that theory, anyone even slightly conversant with social history can recognize how the disruptions of one era lay a foundation for those of the next, and how technological innovations affect those changes (usually, in unanticipated ways).

My absolutely non-crystal-ball conclusion is that humans are approaching one of our inevitable turning points. (This one is made far more dangerous by climate change, and by the sheer number of humans on our planet.) One aspect of our new reality is already visible: thanks to demographic change and significantly increased urbanization, it has become far more difficult for people to live in geographic–as opposed to ideological–bubbles, far more difficult for most folks to ignore the reality of human diversity and the complexities of our daily social interactions.

At times like these, when social transformation seems overwhelming, people everywhere fall into two broad (very broad) categories–those who accept the new realities and those who reject them. Those who adapt–or try to– and those who panic.

In the United States, the MAGA folks, the alt-right provocateurs, the fundamentalist preachers, the Fox-News audience members and their ilk are clinging to a world that no longer exists, insisting that we can bring back a time when everyone knew their place– and the straight white Christian guy’s place was on top.

The pandemic will impel some changes around the edges, but the real transformation will be produced by people who recognize the necessity of building a different, fairer world. I’m betting that there are enough of those people, that they outnumber and certainly out-think the reactionaries, and that the disorientation and unrest we are now experiencing will ultimately lead to a vastly improved social contract.

I sure hope I win that bet….

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Unmanly: A Perceptive Analysis

The Atlantic continues to publish some of the most thoughtful articles to be found anywhere. One recent essay was by Tom Nichols, whose book The Death of Expertise I found illuminating; in the article, Nichols pointed to the disconnect between the historic definition of masculinity held by Trump’s working-class base and the President’s daily behaviors.

Here’s his thesis/question:

Why do working-class white men—the most reliable component of Donald Trump’s base—support someone who is, by their own standards, the least masculine man ever to hold the modern presidency? The question is not whether Trump fails to meet some archaic or idealized version of masculinity….Rather, the question is why so many of Trump’s working-class white male voters refuse to hold Trump to their own standards of masculinity—why they support a man who behaves more like a little boy.

Nichols identifies himself as a product of the working class, and points to the values he grew up with: “a culture that looks down upon lying, cheating, and bragging, especially about sex or courage,” admiration for “understated swagger, rock-solid confidence, and quiet reserve.” The men Nichols grew up with believed strongly that a man’s word is his bond, and that a handshake means something.

These qualities and values–it is almost too obvious to note–are not elements of Trump’s persona.

And yet, many of these same men expect none of those characteristics from Trump, who is a vain, cowardly, lying, vulgar, jabbering blowhard. Put another way, as a question I have asked many of the men I know: Is Trump a man your father and grandfather would have respected?

Nichols goes through the various attributes of masculinity purportedly valued by working class men, and points to the obvious: Trump has none of them. His ultimate conclusion is that Trump’s lack of masculinity is excused because he’s not seen as a man. He is a boy.

It should not be a surprise then, that Trump is a hero to a culture in which so many men are already trapped in perpetual adolescence. And especially for men who feel like life might have passed them by, whose fondest memories are rooted somewhere in their own personal Wonder Years from elementary school until high-school graduation, Trump is a walking permission slip to shrug off the responsibilities of manhood.

The appeal to indulge in such hypocrisy must be enormous. Cheat on your wife? No problem. You can trade her in for a hot foreign model 20 years younger. Is being a father to your children too onerous a burden on your schedule? Let the mothers raise them. Money troubles? Everyone has them; just tell your father to write you another check. Upset that your town or your workplace has become more diverse? Get it off your chest: Rail about women and Mexicans and African Americans at will and dare anyone to contradict you….

In the end, Trump will continue to act like a little boy, and his base, the voters who will stay with him to the end, will excuse him. When a grown man brags about being brave, it is unmanly and distasteful; when a little boy pulls out a cardboard sword and ties a towel around his neck like a cape, it’s endearing. When a rich and powerful old man whines about how unfairly he is being treated, we scowl and judge; when a little boy snuffles in his tears and says that he was bullied—treated worse than Abraham Lincoln, even—we comfort.

Donald Trump is unmanly because he has never chosen to become a man. He has weathered few trials that create an adult of any kind. He is, instead, working-class America’s dysfunctional son, and his supporters, male and female alike, have become the worried parent explaining what a good boy he is to terrorized teachers even while he continues to set fires in the hallway right outside.

When you think about it, this is a pretty stunning indictment of the men who make up Trump’s base. (Nichols readily admits it doesn’t explain the working class women who support Trump, but also notes that their numbers are shrinking.) It joins other efforts to explain what so many of us consider otherwise inexplicable–the devotion of distressing numbers of Americans to a man who constantly shows us that he is an inadequate and thoroughly horrible human being.

The bottom line: Whether Trump’s base is essentially racist or adolescent or both, it isn’t going anywhere. The rest of us have to work to ensure that adult, non-racist Americans turn out massively in November–and that America holds a fair and orderly election that month.

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About Those Statues…

In the last couple of days, I’ve gotten two messages from friends in different (Northern) states who are troubled about the efforts to remove statues of Civil War figures. 

Here’s the first:

I am in a quandary. I am an educated, white, privileged male.  I can understand, but not empathize with, the thoughts of those who wish to see the statues of Confederate officers removed.  As an English major, I also see the statues as art.  So what is next? Paintings, then books? Are the Holocaust museum displays too emotional, the paintings at the WWII museum too one-sided, the ceiling of the Sistine Chapel acceptably historical?  And who would decide?  

Shakespeare said a rose by any other name would smell as sweet.  Is Fort Bragg any less offensive to humanity than Fort Sherman?  

I don’t want to get too deep in the weeds with the idea, but I do see the opportunity for a slippery slope.  Maybe it’s just my white, privileged male quandary? 
I look forward to your thoughts.

Here’s the second:

I’ve been thinking a lot about the new wave of dismantling Confederate statues, not displaying the Confederate flag, dropping Gone with the Wind from Netflix, Lady Antebellum changing their name to Lady A, etc. I agree with a lot of this, but I wonder if we’re going too far? Where do we draw the line? I noted on Facebook that Washington and Jefferson were slave owners. Should we tear down their monuments while we’re at it? Is it rewriting history? I would love for you to write a blog about this and help me figure it out!

Both of these individuals are progressive, thoughtful and public-spirited. If they are uncomfortable with removing these monuments and renaming bases, I’m sure many other people are equally conflicted.

Here’s my “take” on the issue:

First of all, I see a profound difference between statues and monuments that honor historical figures, and museum and other displays that educate about those figures. The placement of statues in public places pretty clearly falls into the first category. (In a couple of instances, Confederate statues have been moved to museums rather than destroyed–an implicit recognition of the difference, and in my view, an entirely satisfactory resolution.) With respect to the names of military posts, same thing—we don’t name streets, buildings, etc. for “bad guys,” we reserve naming rights for figures we admire.

Germany doesn’t have statues of Hitler, but German history certainly hasn’t been lost.

The men who fought for the South in the American Civil War were defending slavery– an indefensible system–and they were traitors to their country. We should remember them, but we certainly shouldn’t honor them. (There’s also the fact that most of these monuments were erected long after the war, to signal white resistance to the civil rights movement.)

So I think removing Civil War statues is a relatively easy call. But I understand the concern about “slippery slopes.”

None of the historical figures we admire were perfect people. As the second message notes, Washington and Jefferson (among others) were slaveowners. But we don’t honor them for slave-holding; we honor them for their willingness to risk their “lives, fortunes and sacred honor” to bring a new nation into existence, and for their crafting of the Constitution and Bill of Rights.  

If being a flawed human being was reason to ignore significant contributions made by historical figures, there wouldn’t be many statues. (Maybe Mother Teresa, although who knows? There might be something in her past….)

Before we either defend or dismantle a monument, I think we need to ask why it exists, and what it is that we are honoring.

It’s pretty clear that the only reason there are statues of Robert E. Lee and other Civil War figures is because they were central figures in an uprising–a rebellion– against our country. We are honoring their decision to be traitors, and implicitly sending a message that although they lost, their “cause” was honorable.

In the case of figures like Jefferson, Madison, Washington, et al, we are honoring their undisputed service and the importance of their contributions–and those contributions are clearly worthy of honor.

Anyway–that’s my take on the issue. I welcome the perspectives of my readers.

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Why Judges Matter

Note: For those who follow this blog on Facebook, apologies; changes by FB resulted in automatic posting failing for the last ten days. I’ve manually posted the past three; for others, you will need to access the site.

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Here in Indiana, in recognition of the pandemic, the state’s Election Commission authorized mail-in voting without excuse for the recent primary election. Thus far, they are refusing to allow no-excuse voting by mail in November.

Hey, we’re a Red state, and–in defiance of available data that says neither party benefits from voting by mail–the GOP is convinced that making it easier to vote will help the Democrats. (Besides–as I pointed out recently–mail-in ballots make it impossible to play the minority-vote-suppressing games Republicans have long played in this state.)

Given this official intransigence, several individuals and Indiana Vote By Mail have filed suit in federal court, asserting that the denial violates the constitutional rights of voters, and asking that the judge order the Election Commission and Secretary of State to authorize no-excuse mail ballots.

The complaint notes that these officials “have failed to take necessary actions to protect Indiana voters” and that as a result, many voters will have to make a choice between their personal safety and health, and exercising their right to vote. They want the court to rule that they can cast an absentee ballot “in precisely the same manner in which these same election officials have allowed in the June 2 primary election.”

The pleading points out that a majority of Hoosiers are vulnerable to COVID-19, that the disease is potentially fatal, and that it is readily spread from person to person. They offer medical testimony to the effect that it is “highly likely” to be with us in November, and that  minimizing the risk requires people to “spend the shortest amount of time in the best ventilated, least contaminated environment, where the fewest number of people are generating the fewest virus particles.”

The pleadings identify a variety of ways in which the refusal to allow absentee voting under these circumstances violates the constitution–especially Equal Protection–and cite dozens of cases in support of that argument. (Interestingly, they also cite the 26th Amendment, which prohibits abridging the right to vote due to age. Data suggests that refusal to allow no-excuse absentee voting disproportionately harms the elderly.)

It’s been quite awhile since I was a practicing lawyer, but as I read the pleadings, the plaintiffs make a strong–even conclusive– case. And here’s the “teachable moment,” as we in academic life like to say:

  • The right to vote is one of the most important rights Americans (presumably) enjoy. Every other right ultimately depends upon the conduct of fair elections in which the voice of the people–all of the people–is reflected and honored.
  • When government officials representing the executive or legislative branches act in ways that threaten American liberties–not just our right to cast ballots, but the other rights guaranteed by the Constitution–the courts are our only redress  short of violence. If the judiciary is corrupted, we’re up that creek without a paddle.

For the past three and a half years, Mitch McConnell and the GOP have been intent on corrupting the federal judiciary, confirming ideologues and partisans to lifetime positions, despite the fact that many of them aren’t qualified to be on the bench and have demonstrated no commitment to the rule of law.

Politically, arguments about the importance of the judiciary have tended to be about reproductive rights, but overturning Roe v. Wade is just a minuscule part of the damage that can be done when the courts can’t be counted on to restrain nakedly partisan infringements of the Constitution.

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