The Anti-Mensch

When I read that Trump had abrogated the Iran deal, I felt a familiar pain in the pit of my stomach. These bouts of indigestion and nausea have increased since November of 2016, as have my concerns over the world my grandchildren will inherit, and the role models they will choose to emulate.

Trump’s Presidency has been a consistent perversion of a value structure to which most Americans have long given lip service (if not always fidelity). Even if the country and the world emerge more or less intact from this dangerous, surreal period, how much permanent damage will have been done to our concept of civilized, moral, adult behavior?

When my children were very young, I used to tell them I wanted them each to grow up to be a mensch. Mensch is a yiddish word meaning “a real human being–a person of integrity and honor.”

What are the sorts of behaviors that characterize a mensch?

  • There’s civility, of course. Respect for other people. Courteous behavior in even trying situations. An absence of name-calling or other efforts to demean people with whom one  disagrees.
  • A rejection of bigotries both overt and latent. Refusing to judge one’s fellow human beings on the basis of such things as skin color, religion, gender or sexual orientation. A recognition that other people are entitled to the same rights and respect we claim for ourselves.
  • A healthy modesty–by which I mean recognition that none of us has all the answers, that other perspectives deserve consideration, that there is always more to learn, that it is always possible that one may turn out to be wrong.  A healthy modesty also implies respect for expertise, for the counsel of those with specialized or superior knowledge. A mensch has sufficient self-worth and self-confidence to give credit where it is due, and will instinctively recoil from bragging or grandstanding.
  • Maturity. Adults have a capacity for self-restraint, an ability to defer gratification when necessary to the pursuit of longterm goals. A mensch demonstrates maturity by admitting when he is wrong, and apologizing when something he has said or done makes such an apology appropriate. A mensch doesn’t engage in childish tantrums or schoolyard bullying conduct like publicly berating or humiliating others.
  • Respect for authority–as distinct from obsequiousness. A mensch balances his obligations to the rules and to those in charge against his duty to confront injustice, even when such confrontation entails a personal cost.
  • Personal Integrity. A mensch keeps his word, honors his commitments, pays his bills.  (As my father used to say, he “walks the talk.”) His behaviors are consistent with his pronouncements. Persons of integrity do not knowingly lie or mislead.
  • A good heart. A mensch genuinely cares about others in his family, his community and his country. He supports efforts to ameliorate poverty and injustice. He participates in activities intended to make the world a better place.

None of these ideal behaviors require riches or even intelligence, although like most parents I hoped my children would do well financially and would have the self-awareness that is one of the many benefits of an inquiring and lively intellect.

When I compare the behaviors and values that most parents try to instill in their children to Donald Trump’s daily, embarrassing eruptions, I cringe. President Obama was–and remains– a mensch; post-Presidency, even George W. Bush has been one.

Trump is the anti-mensch.

How do parents raise thoughtful, compassionate, responsible children when the media constantly reports the activities of a President who violates and scorns–on a daily basis– every behavioral norm they are trying to inculcate?

I’m keeping Tums in business.

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The Dangers Of Know-Nothingness

I don’t know which is more maddening–the ignorance of the voters who were willing to turn the country over to a man who had no concept of domestic policy or world affairs and a clear disinclination to learn–or the hubris of an aggrieved con artist who fancies himself immensely more able than he is.

Trump is a walking manifestation of the Dunning-Kruger Effect.

The New Yorker has published an article detailing the reactions of experts–aka people who actually know what they are talking about–to Trump’s withdrawal from the Iran accord. The article begins by confirming that Iran is in full compliance with the terms of that agreement, and that the other signatories–including countries we consider close allies–all counseled against Trump’s action.

Critics were scathing about the U.S. withdrawal. James Dobbins, a former U.S. Ambassador to the E.U., who negotiated with Iran after the U.S. invasion of Afghanistan and now works at the RANDCorporation, said that the decision “isolates the United States, frees Iran, reneges on an American commitment, adds to the risk of a trade war with America’s allies and to a hot war with Iran and diminishes the prospects of a durable and truly verifiable agreement to eliminate the North Korean nuclear and missile threat.”

Wendy Chamberlin, a former career diplomat who is now the president of the Middle East Institute in Washington, warned that by forfeiting American leadership in the one successful multilateral deal in the volatile Middle East, Trump risks making a bad situation worse.

The withdrawal from the agreement comes days before the U.S. moves its Embassy in Israel from Tel Aviv to Jerusalem, another controversial decision that has inflamed anti-American passions. “Trump is pouring gasoline on a Middle East in flames already, with his Iran and Jerusalem decisions,” Bruce Riedel, a former C.I.A., White House, and Pentagon staffer who is now at the Brookings Institution, told me.

Trump’s decision also undermines the transatlantic alliance, crafted after the Second World War, between the United States and Europe. The President defied a determined last-ditch pitch by America’s three most important European allies, made during visits by French President Emmanuel Macron, German Chancellor Angela Merkel, and the British Foreign Secretary, Boris Johnson.

Daniel Kurtzer, a former Ambassador to Israel and Egypt now at Princeton University, said Trump has reneged on America’s word and undermined American credibility.

“The United States used to be the leader, the convener, and the engine of international diplomacy. Trump’s actions have turned us into an untrustworthy and erratic diplomatic outlier.”

Re-imposing sanctions on Iran will create the greatest division between Europe and the U.S. since the Iraq War, Mark Fitzpatrick, the executive director of the International Institute for Strategic Studies office in Washington, told me. “Only this time it will be worse, since not a single European state sides with the U.S. on this matter.” Beyond Europe, American credibility worldwide “will go down the tubes,” he said. “Who will ever want to strike a deal with a country that, without cause, pulls out of a deal that everyone else knows has been working well? America will be seen as stupid, arrogant, and bullying. Pity the poor U.S. diplomats who have to explain this illogical decision to their host countries.”

And then–once again–there’s Russia. As several foreign policy experts have pointed out, Trump’s decision benefits Russia’s President, Vladimir Putin.  It strengthens Russia’s hand and diminishes that of the United States. On CNN, Michael McFaul, a former U.S. Ambassador to Russia, was blunt. “We’re playing into Putin’s hand.”

Is that collusion? Or just Trump’s trademark incompetence?

The Know-Nothings–Trump and his base–don’t care. They are incapable of distinguishing between bluster and substance.

Meanwhile, the rest of us are watching an un-self-aware ignoramus lay waste to America’s global influence and good name.

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Voting Your Tribe

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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ERA Redux?

A recent editorial in the New York Times suggests that the time for passage of the Equal Rights Amendment–long comatose (actually, I thought it was dead)–may finally be at hand.

The editorial begins with a recognition of the Trump Administration’s negative consequences, especially for women:

Having a sexist in the Oval Office who curries favor with conservative religious groups is having dire consequences. Health workers in developing nations are preparing for a rise in unsafe abortions due to President Trump’s reinstatement of the global gag rulethat prohibits federal funding of groups that provide abortion services or referrals. Here at home, his administration has been hostilenot only to abortion access, but even to birth control.

A full list of the “Trump Effect” would be much longer, of course; it is a mistake to put “women’s issues” in some sort of separate category limited to matters of reproduction and discrimination. Women’s issues are human issues, and vice-versa–the damage this administration is doing to policies ranging from the environment to poverty to international relations affects all genders, just as family planning and child care policies affect men as well as women.

That said, the daily assaults have generated a monumental resistance.

Rage at the election of a man who boasted about grabbing women’s genitals helped set off the #MeToo movement’s reckoning with sexual misconduct. A record number of women are running for office around the country, many of them announcing their candidacies after participating in women’s marches the day after Mr. Trump’s inauguration.

And now, on Mr. Trump’s watch, feminists could reach a goal nearly a century in the making, and that many assumed would never come to pass — ratification of the Equal Rights Amendment to the Constitution. It states: “Equality of rights under the law shall not be denied or abridged by the United States or by any state on account of sex.”

What prompts this possibility?  Evidently, the Illinois State Senate recently passed a bill to ratify the E.R.A.  If the Illinois House passes the same legislation (supporters are cautiously optimistic) — then Illinois will become the 37th state to ratify the amendment.

Just one additional state would be needed, and the long-languishing amendment would become part of the Constitution. Maybe.

Thirty-five states had signed on by 1977, ahead of the 1982 deadline established by Congress. Extensive–one might say hysterical– conservative opposition then arose, preventing further ratification. Virtually nothing happened after that, until Nevada suddenly ratified it last year.

There are some questions about what will happen if a 38th state ratifies the amendment, given that it would miss the deadline Congress set by at least 36 years, and five states have even voted to rescind their ratifications. But E.R.A. supporters and some legal experts make a plausible case that the amendment should still be recognized, pointing to, among other things, the 27th Amendment, on congressional pay, which was ratified more than 200 years after its passage by Congress, although no deadline had been set.

If the ERA were to be ratified, I’m not sure what it would do. As the editorial notes, there is a substantial body of 14th Amendment jurisprudence that protects the equal rights of women.

The fight against the E.R.A. is being led by groups on the religious right like the Illinois Family Institute, using arguments that are the ideological heirs of those so vociferously expressed by Phyllis Schlafly, whose group Stop E.R.A. — the first word standing for “Stop Taking Our Privileges” — which became the Eagle Forum, prevented the E.R.A.’s ratification at the time.

Those arguments include fearmongering about how coed locker rooms could become standard and alimony for women outlawed — arguments that are hard to take seriously but that nonetheless helped Mrs. Schlafly to very effectively convince Americans, including many women, that the E.R.A. was bad news. (Mrs. Schlafly, who died in 2016, would no doubt be appalled that her home state, Illinois, could now play such a pivotal role in ratification.)

Another conservative talking point is that the E.R.A. would lead to abortion restrictions being struck down. That outcome is not at all certain, but it would help many women. (For obvious reasons, the anti-E.R.A. crowd already had to slink away from an argument that the amendment would lead to legalizing same-sex marriage.)

Do we still need the ERA? Case law can be overturned; a constitutional amendment cannot–at least, not easily. Ratification would add an extra layer of protection against discrimination for both men and women . Given the appalling people that are being placed on the federal bench by Trump and the GOP, that’s no small matter. And of course, as the editorial pointed out, “This could become especially important if Mr. Trump gets to pick additional conservative Supreme Court justices.”

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The Trust Problem

Listening to the news this weekend, it occurred to me that my standard lecture on Marbury v. Madison highlights why Trump is unlikely to get a deal with North Korea. (Bear with me here.)

As most readers of this blog know, Marbury  established that the Supreme Court is the final arbiter of constitutionality. The case arose because President Adams–in the last hours of his term–nominated a number of people for judgeships (packing the courts ahead of Jefferson’s assumption of office). In those days, these “commissions” had to be delivered to the appointee to take effect, and due to the timing, Marbury didn’t receive his. Jefferson refused to honor his predecessor’s appointment by having his Secretary of State, James Madison, deliver the commission.

Justice Marshall, who authored the opinion, was between the proverbial rock and hard place. If Jefferson didn’t have to honor the commitments of his predecessor, the new government would be weakened; if he ordered Jefferson to deliver the commission, and Jefferson refused (which was likely), the Court’s authority would be permanently compromised.

I’ve always thought Marshall’s solution was on par with that of Solomon and the baby. He ruled that a commission properly made must be delivered–but he also found the law under which the appointment had been made constitutionally defective, and the commission null and void. Jefferson (I’m sure grudgingly) acquiesced to the decision–including the proposition that the Court was the final voice on constitutionality– since he got the practical result he’d wanted.

When we discuss this case in class, I usually pose a scenario: I have a student assume he owns a car-towing business. He just got a contract with the city, and in order to service it, hired two new people and bought a new truck. Business is great. Then a new Mayor is elected, and refuses to honor the contract.

I ask the student “Would you ever do business with the city again?” The answer is always no. (Sometimes, “hell no!”)

Which brings me to Trump and Korea. And Iran. And the Paris Accords.

At the same time Trump is bragging about his deal-making prowess and suggesting that only he can get a binding agreement with North Korea, he is hell-bent on rejecting the United States’ “binding” commitments to Iran. He has previously refused to honor his predecessor’s decision to join the Paris Accords. (For purposes of this discussion, I will omit mention of the numerous “deals” he reneged on as a private citizen, and the myriad times he stiffed people to whom he owed money. I will also forego discussion of the times the U.S. has bailed on its promises in the past.)

If I were Kim Jong Un, I wouldn’t trust the word of a President who is currently demonstrating that the nation’s word is worthless.

Kim’s hair may be as silly as Trump’s, but I get the impression that he is a whole lot smarter than the un-self-aware ignoramus who currently shames all sentient citizens. Trump is likely to get rolled–and unlikely to realize it.

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