Critical Race Theory

I was really hoping I could avoid ever posting about the asinine debate over Critical Race Theory–but the other day, I saw that our bootlicker-to-the-Right Attorney General had entered the fray, a clear sign that the racists and their enablers think they’ve found a winning formula for 2022.

So I guess I do need to weigh in, in a (probably useless) effort to clarify what all the noise is about.

I didn’t encounter Critical Legal Studies and its cousin, Critical Race Theory until I was a college professor. Both approaches were–and are–relatively arcane, primarily the preoccupation of a subset of legal scholars. As Heather Cox Richardson recently explained it,  Critical Race Theory was a theory conceived in the 1970s by legal scholars trying to understand why the civil rights legislation of the past twenty years had not eliminated racial inequality in America.

They argued that general racial biases were baked into American law so that efforts to protect individuals from discrimination did not really get at the heart of the issue. While this theory focused on the law, it echoed the arguments historians have made—and proved—since the 1940s: our economy, education, housing, medical care, and so on, have developed with racial biases. This is not actually controversial among scholars.

While CRT explicitly focuses on systems, not individuals, and while it is largely limited to legal theory classes rather than public schools, Republicans have turned this theory into the idea that it attacks white Americans and that history teachers are indoctrinating schoolchildren to hate America. In the past three and half months, the Fox News Channel has talked about CRT nearly 1300 times.

I suppose I shouldn’t be shocked to discover that people who couldn’t define either “socialism” or “capitalism” if their lives depended on it are having trouble distinguishing between their fear of being “replaced” by Jews and scary Black people and a graduate-level study of how and where racial stereotypes are reflected in the country’s legal system. (I guess they never heard of redlining…)

Assertions that CRT is being taught in America’s elementary and high schools is ludicrous–as I have been complaining pretty much forever, schools aren’t even teaching the most basic concepts required for civic literacy, let alone a theory that requires a familiarity not just with the Constitution and Bill of Rights, but with significant elements of America’s legal structures.

The GOP-hyped hysteria over Critical Race Theory is just another effort to mask garden-variety racism  by pretending that the fight is really about something else. It takes its place beside the party’s rejection of “political correctness” (i.e., I refuse to abide by your social expectation of basic civility) and “cancel culture” (i.e., I should be free to spew my venom but you shouldn’t be free to respond by signaling your disapproval).

 One of the biggest disappointments of my adult life has been my reluctant recognition of the extent and depth of American racism, and the degree to which it infects our politics. That said, despite the evidence of the past few years–the hysterical reaction to Obama’s election, the subsequent election of an ignorant blowhard willing to demonize the “other”– I  still refuse to believe that the majority of Americans are in thrall to hate and fear.

The problem is, the rabid racist minority–thanks to gerrymandering,  vote suppression (and let’s be honest, voter apathy) and the Electoral College– has seized outsized control of America’s government. And when it comes to turnout, rage is a great motivator. If dishonest and dishonorable politicians can drum up fear and anger by emphasizing culture-war issues like the “threat” of a mischaracterized CRT, they may yet overwhelm the majority.

We live in an incredibly dangerous time.

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The GOP Ditches Property Rights

For those of us who used to belong to a very, VERY different Republican Party, the most bewildering–and infuriating–feature of the cult that has replaced it is its blatant hypocrisy. A political party that used to favor free trade, fiscal prudence, individual liberty and property rights has cheerfully abandoned its devotion to those–or for that matter, any– principled approaches to civil liberties.

Granted, rational folks in both parties understood that your liberties aren’t absolute, and that concern for the public good–public health, national security and other social requirements– will necessarily constrain your ability to do whatever you want whenever you want. But once upon a time, the arguments between serious folks tended to be about specifics: when is it legitimate for government to limit certain liberties?

Thanks to the devolution of the Republican Party, virtually all of its once-sacrosanct principles have become disposable.

Free trade? When Donald Trump decided to impose tariffs–long considered unthinkable by the Grand Old Party–the cult jettisoned its prior beliefs and embraced them.

Fiscal prudence? These days, fiscal responsibility–not necessarily balancing the budget (the preference of a fringe unwilling to understand why such a constraint could be dangerous) but a commitment to imposing taxes to pay for government programs is long gone. The party that recoiled from Democrats’ perceived willingness to “tax and spend” became the party opposed to any and all taxes, especially on those most able to pay them. If the government really has to “do stuff,” today’s GOP favors”borrow and spend”–put it on the national credit card and let the next generation pay for it.

Individual liberty? That principle has been rewritten too. Now, it’s highly selective. Republicans are all for your “liberty” to act in ways with which they agree. They believe you should have the “liberty” to ignore public health mandates and decide for yourself whether to wear a mask (i.e., the “liberty” to infect your neighbor), but they remain adamantly opposed to a woman’s liberty to control her own body. They support your liberty to communicate racist sentiments, but not your liberty to voice your disapproval of those sentiments–that’s “cancel culture.”

And of course, they support the liberty of anyone and everyone to “pack heat,” but oppose even the most reasonable constraints to protect public safety.

And what about property rights? The GOP long defended property rights, arguing (I believe properly) that the government that can confiscate your property poses a danger to other civil liberties. After all, if the government can infringe your property rights in retaliation for the exercise of  your right to freedom of speech or religion, how likely are you to exercise those rights?

Apparently, property rights are also old school. As an article from The Week put it, the GOP no longer believes a man’s cruise ship is his castle.

“Texas is open 100 percent,” Gov. Greg Abbott (R) said in a Twitter video Monday, “and we want to make sure you have the freedom to go where you want without limits.” To that end, Abbott said, he signed a law banning any business or government entity in the state from requiring documentation of a COVID-19 vaccination or recovery for entry (commonly called vaccine passports).

Abbott cast the legislation as a bold strike for freedom, but it’s nothing of the sort — not in the sense the American right has traditionally understood the term, anyway. Though it may be said to enhance consumer choice, it is a betrayal of private property rights, which have long been core to visions of small government in the United States.

The article quotes James Madison’s 1829 address, in which the father of our Constitution explained “that the rights of persons, and the rights of property are the objects for the protection of which Government was instituted. These rights cannot well be separated.”

Abbott begs to differ. Evidently, Texan business owners have no right to determine what happens on their property. Abbott isn’t the only Republican governor to  ignore property rights. Florida’s Ron DeSantis has banned vaccine passports, including those required by cruise ships departing from Florida.

Ironically, as the article notes, reliance on property rights allowed  the right to win many battles purportedly over religious liberty.

On questions like whether Catholic employers should be made to pay for employees’ birth control, whether conservative bakers should be forced to bake for a gay wedding, or whether Christian adoption agencies should be required to place children with same-sex couples, the right’s religious liberty position has long been buttressed by property rights: If you own the business, the argument goes, you should be able to make these calls as your conscience directs.

These days, however, only when your conscience points you in a GOP-approved direction.

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The Masks Have Come Off

I’m not talking about masks against COVID–although the utterly bizarre fight against mandates protecting public health are certainly part of the picture. (I’m a pretty hard-core defender of civil liberties, but I never thought I’d see people arguing that the Bill of Rights gives them the “liberty” to infect and perhaps kill their fellow Americans…)

The mask that has come off of far too many American faces is the mask of sanity.

When we have former military officers promoting coups, millions of Americans agreeing that the country is being run by Satan-worshipping pedophiles, members of the U.S. Senate calling legislation to protect voting rights “partisan” and ideologues of every stripe self-righteously pontificating to their chosen “choirs” rather than participating in efforts to right the ship of state–what can we call that, other than insane?

Actually, a comment to this blog by JoAnn recently contained an excellent descriptor: these are “Twilight Zone Americans.” 

We haven’t come very far from 1919, when in the wake of the First World War, Yeats wrote The Second Coming, with its often-quoted–and still painfully relevant– lines “Things fall apart; the centre cannot hold; Mere anarchy is loosed upon the world,” and “the best lack all conviction, while the worst are full of passionate intensity.” 

I would argue that today, the “best”–i.e., the sane (these days, the bar is low)–don’t necessarily lack conviction. They are  simply uncertain in the face of complexity and ambiguity.  On issues where they recognize shades of gray; they hesitate to act.

As an article on the subject of ambiguity explained, we need only look at history, recent and otherwise, for examples of catastrophic blunders made as a result of leaders’ inability to deal with contingency and ambiguity. And particularly when people are under stress,  faced with what they see as existential threats, their resistance to ambiguity grows strongest. 

We’ve all known people–some famous, some familial–who have gone from one political extreme to another with equally “passionate intensity.” A distant cousin of mine is a perfect example. In college, he was far Left; in later adulthood, equally far Right–and in both cases,  belligerently and rigidly so. These extreme shifts aren’t evidence that True Believers (at least, the leftwing variety) have been “mugged by reality” and come to their senses, as a popular saying a while back had it. Rather, they are people for whom certainty is critically important–the content of their dogma may change, but their need for purity, their need to be on the right side of a bright line, doesn’t. That need overwhelms recognition of inconsistencies (not to mention patently improbable aspects) of whatever worldview they are wholeheartedly embracing.

In 2016, before the election that gave us the assault on national sanity that was and is Donald Trump, The Atlantic had an article titled “How American Politics Went Insane.” The intervening years have underscored much of the article’s argument, especially this observation:

There no longer is any such thing as a party leader. There are only individual actors, pursuing their own political interests and ideological missions willy-nilly, like excited gas molecules in an overheated balloon.

The article described the then-contemporary political reality as chaos, and it’s hard to argue that much has changed. 

Chaos syndrome is a chronic decline in the political system’s capacity for self-organization. It begins with the weakening of the institutions and brokers—political parties, career politicians, and congressional leaders and committees—that have historically held politicians accountable to one another and prevented everyone in the system from pursuing naked self-interest all the time. As these intermediaries’ influence fades, politicians, activists, and voters all become more individualistic and unaccountable. The system atomizes. Chaos becomes the new normal—both in campaigns and in the government itself.

 Normalizing chaos ensures that the people’s business cannot be conducted. It’s insane.

Recent reports of state-level political wars–almost all, it must be noted, within the GOP, since the multiplicity of constituencies within the Democratic Party forces Democrats to recognize complexity–are consistent with the described decline, and with the Twilight Zone. Idaho is just one example.

Indiana isn’t all that far behind.

Increasingly, American politics isn’t an argument between partisans who disagree about policy; it isn’t even “warfare without guns” as one popular description has it. It’s a battle between people who still live in the ambiguous and messy real world and the growing number of “passionately intense” Americans who are willing to take up actual arms in defense of demonstrably insane “explanations” of the world.

We live in a scary time.

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A Hopeful Sign?

The “chattering classes” are debating whether the GOP will survive in its current iteration. A recent piece in the Washington Post suggests that defections from whatever the party has become are growing. The guest essay was signed by Charlie Dent, who represented Pennsylvania in the U.S. House from 2005 to 2018, Mary Peters, who was secretary of transportation under George W. Bush, Denver Riggleman, a former Congressman from Virginia, Michael Steele, the former chair of the Republican National Committee, and Christine Todd Whitman, who served as governor of New Jersey and head of the EPA.

They didn’t mince words.

Alongside dozens of prominent Republicans, ex-Republicans and independents, we are announcing “A Call for American Renewal,” a nationwide rallying cry against extremist elements within the GOP, and highlighting the urgent need for a new, common-sense coalition.

We urge fellow Americans to join us.

Our alliance includes former governors, members of Congress, Cabinet secretaries, state officials, seasoned political strategists and grass-roots leaders dedicated to offering a hopeful, principles-based vision for the country — and ensuring that our votes have decisive impact in key elections across the United States.

We want to give voice to the millions of Americans who feel politically homeless and mobilize them to help chart a new path forward for our country.

It is time for a rebirth of the American cause, which we will pursue in partnership and loyal competition with others committed to the preservation of our Union.

The signatories charge that the Republican Party has been perverted by “fear, lies and self-interest,” and they decry the GOP attacks on the integrity of America’s elections.
They note the continuing exodus from the party, and describe today’s GOP as “a privileged third party, ranking behind independents and Democrats in voter registration.”

The essay also acknowledges  that Republican legislators are working to impede voting rights across the country “as a last-ditch effort to retain power.” And they issue a threat:
“We will not wait forever for the GOP to clean up its act. If we cannot save the Republican Party from itself, we will help save America from extremist elements in the Republican Party.”

That means hastening the creation of an alternative: a political movement dedicated to our founding principles and divorced from the GOP’s obsessive cult of personality around a deeply flawed (and twice-impeached) man, whose favorability ratings are reportedly tanking in key swing districts around the country.

We will fight for honorable Republicans who stand up for truth and decency, such as Liz Cheney, Adam Kinzinger, Lisa Murkowski and Mitt Romney, to name a few.

But we will not rely on the old partisan playbook. We intend to work across party lines with other Americans to oppose extremists and defend the republic wherever we can.

The essay announces the creation of a movement to work against “fear-mongers, conspiracy theorists and the opportunists who seek unbridled power.” They note that they are forming a “resistance of the rational against the radicals.”

We still hope for a healthy, thriving Republican Party, but we are no longer holding our breath.

Next month, we will convene a nationwide town hall open to all Americans and featuring current and former U.S. leaders who will lay out where we must go from here, how we can ensure a freer America and how all citizens can join the fight.

The writers do not explicitly threaten to start a new party, but it is difficult to read the essay without concluding that the planned “nationwide town hall” will consider that option very seriously.

If America didn’t need a minimum of two sane, adult parties–if the current GOP iteration didn’t pose such a threat–I’d say “Pass the popcorn and enjoy the show…” But the future of the Republic shouldn’t be mistaken for an entertaining soap opera.

In a two-party system, the health of both parties is critical.

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A Former Republican Tells It Like It REALLY Is

Peter Wehner has served in three Republican administrations. He has been a vocal, long-time critic of Donald Trump, and recently considered the meaning of Liz Cheney’s ejection from her party leadership position.

He didn’t mince words.

The takedown of Representative Cheney was not an “inflection point,” as some have called it. It was the opposite — the latest (but it won’t be the last) confirmation that the Republican Party is diseased and dangerous, increasingly subversive and illiberal, caught in the grip of what Ms. Cheney described in The Washington Post as the “anti-democratic Trump cult of personality.”

I personally thought it was telling that McCarthy and House leadership used a voice vote to oust Cheney, making it impossible to tell who did and did not vote for removal. Reportedly,  Cheney supporters asked for an official tally and were rejected.

It was further confirmation of Wehner’s statement that “declaring fealty to a lie” is now the  single most important test of loyalty in today’s Republican Party. As he points out, most Americans recognize this, we sometimes fail to register its true significance.

“It’s a real sickness that is infecting the party at every level,” Barbara Comstock, a Republican who represented Virginia’s 10th Congressional District before Mr. Trump’s unpopularity in the suburbs sank her chances in the 2018 election, told Lisa Lerer of The Times. “We’re just going to say that black is white now.”

This should come as a surprise to exactly no one. For more than five years, the Republican Party and its leading media propagandists embraced and championed Mr. Trump’s mendacities, conspiracy theories and sociopathic tendencies. As a result, their brains became rewired, at least metaphorically speaking; the constant accommodation Republicans made to Mr. Trump caused significant cognitive distortions

Wehner scorns any expectation that the Republican Party would revert to being a normal party once Trump was gone. As he warns, there has not been and will not be “a post-Trump fight for the soul” of the GOP.

Liz Cheney understands that only a decisive break with Mr. Trump will stop the continuing moral ruination of the Republican Party. But her break with the former president, while courageous, came too late to change anything. She is trying to rally an army that doesn’t exist.

Wehner points out that a large number of grass-roots Republicans are simply delusional, having fully bought into a decade or more of lies promulgated by the party, . He says they believe Trump’s conspiracy theories because they want to believe them. Now, he says, they are addicted,.” and addictions are hard to break.”

The latest CNN/SSRS survey found that 70 percent of Republicans believe the false allegation that Joe Biden did not defeat Mr. Trump; a mere 23 percent said Mr. Biden won, despite the Trump administration’s admission that “the November 3 election was the most secure in American history.”

Most Republican members of Congress know better. Support of the Big Lie is unethical and cynical, not stupid. They have simply calculated that refuting the Lie, standing with Cheney, would put targets on their backs.

Many of the most influential figures in Republican politics have decided that breaking with Mr. Trump would so alienate the base of the party that it would make election victories impossible, at least for the foreseeable future. That’s essentially what Senator Graham was saying when he recently went on Fox News and posed this question to his Republican colleagues: “Can we move forward without President Trump? The answer is no.”

Wehner stops short of predicting the future of the GOP at a juncture when Cheney, who he notes is a member of an important Republican family and a person with unquestioned conservative credentials, is less popular with the Republican base and more reviled by the House leadership than Marjorie Taylor Green, the QAnon supporter who applauded the January 6th insurrection.

Ms. Cheney was stripped of her leadership post because she committed the unpardonable sin in 2021’s Republican Party: She spoke the truth about the legitimacy of the 2020 election results and refused to back down. Whatever she was before, she is a voice of conscience now, reminding her colleagues of their Faustian bargain with their peculiar Mephistopheles, Donald Trump. It enrages them even as it haunts them.

Today the Republican Party is less a political party than a political freak show. It is being sustained by insidious lies. And people who love America, starting with conservatives, should say so. Otherwise, if the Republican Party’s downward spiral isn’t reversed, it will descend even further into a frightening world of illusion.

In a multi-party system, this very accurate description of our current moment would be far less ominous, but America has only two political parties, and desperately needs both to be responsible and sane.

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