The Defeat of the Constitution

Waking up several mornings ago, I finally realized what it is: A Constitutional nation would never have elected the continual travesty that is Donald Trump.

Somewhere between the end of World War II and now, we lost the authenticity of character that defines a democratic people.

Despite all the criticism of the president*, we are failing to adequately describe the calamity of the “extinction level event” his illegitimate ascension to power is to America, the world, and civilization.

The left during the McCarthy hearings recognized, and opposed:

End justifies the means rationalization 
Groupthink 
Guilt by association 
Conformism.

Today, the rejection of groupthink is a sin against solidarity. We now understand liberalism so poorly that the democratic press speaks of AOC and the Squad(1) as the most liberal segment of the House when they are clearly antiliberals whose deepest affinity is to Marx, not the Constitution (which The Newspaper of Record, in the “1619 Project,”(2) described as hypocritical).

Today, collectives are thought of as liberal, although they are based on “moral ties antecedent to choice.” But when de Tocqueville surveyed the young American democracy, he marveled at our penchant for forming “voluntary associations.”

Nations which admired us when Obama was President (which, it was thought, would be “transformational,” — McConnell made sure that didn’t happen, and we let him) they now pity us.

We have fallen so far that the “news” gives no inkling, for all its 24-hour coverage, that the left is not liberal. Today the news has no opinion, although it has constant insinuation. Once, as Sorkin’s “The Newsroom” said half a decade ago, Edward R. Murrow had an opinion, and that ended McCarthyism; Cronkite had an opinion, and that ended Vietnam.

Today forty percent of us will follow Trump come hell or high water, will follow him if he shoots someone on Fifth Avenue at high noon, will follow him into the grave.

That’s not a metaphor.

/*****/

(1) “What makes "The Squad" such a tantalizing and obvious political target for President Trump is that all four are on the wrong side of every major 2020 issue. From their calls to “abolish ICE” and the Department of Homeland Security, a position that even the ultra-progressive Center for American Progress suggests is bonkers, to their support of the Green New Deal, Medicare-for-all, impeachment for Trump and outright disdain for Israel, they are the 2020 gift that keeps on giving for the Trump White House.” - https://thehill.com/opinion/campaign/456033-trumps-greatest-allies-for-a-2020-win-aoc-and-the-squad

(2) Andrew Sullivan: “The original ideals were false, and then the country was founded on “both an ideal and a lie.””

The crisis of democracy we’re now facing was predicted sixteen years ago. We didn’t believe it; and we took inadequate measures to prevent it.

“We’re an empire now”

In 2004 Ron Suskind wrote:

“The aide said that guys like me were 'in what we call the reality-based community,' which he defined as people who 'believe that solutions emerge from your judicious study of discernible reality.' ... 'That's not the way the world really works anymore,' he continued. 'We're an empire now, and when we act, we create our own reality. And while you're studying that reality—judiciously, as you will—we'll act again, creating other new realities, which you can study too, and that's how things will sort out. We're history's actors...and you, all of you, will be left to just study what we do'.” (Emphasis added)

The aide was predicting RepublicanWorld, which is an emergent effect of the pathological chief executive elected by minority vote in 2016.

1. ‘Empire’ means ‘an undemocratic authoritarian society.’

2. ‘Judicious study of discernible reality’ is the basis of Justice, Democracy, Science, and Scholarship.(1) An ‘empire’ based on their absence is a doomed barbarism whose primary achievement is calamitous human suffering as it collapses under the weight of its internal contradictions.

3. We’ve seen ‘we create our own reality’ before. It’s usually called ‘the triumph of the will.’

4. Democracy is based on the love of knowledge. ‘Empire’ is based on obsession with ‘power.’ The Big Lie is its characteristic mode of discourse.

To quote Andrew Sullivan, This has to end, but we cannot yet see how it will end.

(1) Author’s current working hypothesis: All justice is liberal; all democracy is liberal; all science is liberal; and all genuine intellectuality is liberal.

Liberalism is the methodology of the good life. It is the central idea of what Naipaul called “Our Universal Civilization.”

NYC Bar Association implies that “The norms and standards that govern the fair administration of justice” unmask “Social Justice”

On many campuses “Social Justice” is doctrine. Andrew Sullivan: “When elite universities shift their entire worldview away from liberal education as we have long known it toward the imperatives of an identity-based “social justice” movement, the broader culture is in danger of drifting away from liberal democracy as well.” This is a problem for law faculty as well as any other higher education staff who have bar accreditation.

In a current article in Business Insider, the NYC Bar Association charges that US Attorney General William Barr violates “the norms and standards that govern the fair administration of justice.”

Mr. Barr's recent actions and statements position the Attorney General and, by extension, the United States Department of Justice (DOJ) as political partisans willing to use the levers of government to empower certain groups over others," the letter said. "These statements are the latest examples of a broader pattern of conduct that is inconsistent with the role of the Attorney General in our legal and constitutional system and with the norms and standards that govern the fair administration of justice.

Social Justice does not meet these standards because it is indifferent to them. Its identity-based values result in the same deviation from universal justice that the New York City Bar Association accuses Barr of, seeking to “empower certain groups over others.”

The reason is that under the politics of identity there is no equality. There is, Sullivan argues, “the idea that only a member of a minority group can speak about racism or homophobia, or that only women can discuss sexual harassment. The only reason this should be the case is if we think someone’s identity is more important than the argument they might want to make. And that campus orthodoxy is now the culture’s as a whole.”

If Social Justice had “the norms and standards that govern the fair administration of justice,” it would be just. These are some of the elements of actual justice which Social Justice lacks:

Due process, including

The presumption of innocence
The presumption of equality
Rules of evidence
The right to legal counsel
The right to confront witnesses or accusers
The right of appeal
The right right to trial by impartial jury, rather than the “community” which accused them in the first place, and is hardly likely to be impartial
Constraint by the laws

Lacking the norms and standards of justice, Social Justice is a contradiction in terms. On campuses where Social Justice is de rigueur, staff having legal accreditation have the difficult choice between upholding the standards of their profession and risking dismissal, or countenancing the travesty of Social Justice and risking disbarment.

/*****/

In the Business Insider article Sonam Sheth wrote:

The New York City Bar Association asked Congress to investigate AG William Barr for political bias and weaponizing the DOJ 

In October, Barr "launched a partisan attack against 'so called progressives' for supposedly waging a 'campaign to destroy the traditional order,'" the letter [from the NYC Bar Association] said. Barr accused these individuals of "marshal[ing] all the force of mass communication, popular culture, the entertainment industry, and academia in an unremitting assault on religion and traditional values" in order to achieve the "organized destruction" of religion. 

In November, Barr "vilified" progressives and "the Left" during a speech to the conservative Federalist Society's National Lawyers Convention. The letter accused Barr of characterizing "the other side" as people who "oppose this President" and doing so in "highly partisan terms." 

The attorney general accused progressives and the left of launching a "holy war" and using "any means necessary" to engage in "the systematic shredding of norms" and undermine the rule of law.

The Enemy Within

“You will rule or ruin in all events.”

This “enemy” first prevented the Founders from including an anti-slavery plank in the Constitution. Lincoln:
“I think that was the condition in which we found ourselves when we established this Government. We had slavery among us, we could not get our Constitution unless we permitted them to remain in slavery, we could not secure the good we did secure if we grasped for more …” — Lincoln-Douglas Debates

In 1860 Lincoln faced plantation owners’ demand that slavery be extended to the territories which were being added to the original thirteen states. At Cooper Union, according to Wikipedia, he reasoned, “the federal government can regulate slavery in the federal territories (but not states), especially resting on the character of the founders, and how they thought of slavery.”

The Southern Democrats refused to take no for an answer. Lincoln charged:
“Your purpose, then, plainly stated, is that you will destroy the Government, unless you be allowed to construe and enforce the Constitution as you please, on all points in dispute between you and us. You will rule or ruin in all events.” (Emphasis added)

Beginning April 12, 1861, the plantation states of the Confederacy committed an act of war. Near Charleston, South Carolina, they fired on Fort Sumter, a military installation of their own country.

The Confederate states, defeated in their war against the United States and compelled to release their slaves, never, in their hearts, rejoined the country they had attacked, or accepted its principles of equality and liberal democracy. [As a personal note, in 1964, having graduated from a college in the Pacific Northwest, people in Texas and Arkansas told me I was from “Yankeeland.”]

There was a postwar period of Reconstruction. Wikipedia: “Blacks remained involved in Southern politics, particularly in Virginia, which was run by the biracial Readjuster Party.[206]

Numerous blacks were elected to local office through the 1880s, and in the 1890s in some states, biracial coalitions of Populists and Republicans briefly held control of state legislatures. In the last decade of the 19th century, southern states elected five black U.S. Congressmen before disfranchising constitutions were passed throughout the former Confederacy.

Like an abscessed tooth in the body politic, the Jim Crow South thwarted Lincoln’s aspiration that his beloved country, “shall have a new birth of freedom—and that government of the people, by the people, for the people, shall not perish from the earth.”

A century after their ancestors attacked us and slaughtered hundreds of thousands of us, the ruthlessness of the sullen, resentful enemy within was evident in their response to a crusade for reform: “The brutality displayed towards the [Civil Rights] Campaign's demonstrators and King's "Letter from a Birmingham Jail", written while he was incarcerated, brought national and international attention to the civil rights movement.”

On the eve of the slaveholding plantation owners’ traitorous attack on America (wrongly, the “civil” war), the Confederacy, relative to the industrialized United States, was like a third-world country: Lower per-capita income; lower average educational level; feeble industrial output; fewer scientists; fewer professionals; more superstitious; in all, far more backward.

Since modern war is won by materiel (cannon, shells, gunpowder, combat engineering), those who made treasonous war on the United States would, predictably, lose, provided they did not overrun our America before we could ramp up our inherently superior war-making capacity.

“This good free country of ours,” as Lincoln called it, endured early setbacks and eventually ran those whose betrayed their nation in the sordid cause of “property in man” into the ground.

Today the descendants of the treasonous slaveholders impose their mindless backwardness on our entire nation. Relative to all other industrialized democracies, the United States is “like a third-world country: Lower per-capita income; lower average educational level; … more superstitious; in all, far more backward.” The sullen, resentful neo-Confederates impose on Americans worse, more expensive health care; shorter life expectancy; hostility to reproductive rights; higher infant mortality; higher maternal mortality; and a gap between rich and poor that shocks the conscience.

No other modern liberal democratic nation endures a ruthless politicization of the courts; practices wholesale voter suppression; or teaches its innocent children that evolution is a wicked fallacy.

In no other modern liberal democratic nation are racial minorities routinely shot by fascistic public safety officers; or schoolchildren massacred every few days by machine guns in the hands of psychotics in the defense of an RKBA ideology ferociously defended south of the Mason-Dixon Line.

In no other modern liberal democratic nation are the citizens of “the land of the free and the home of the brave” resigned to such an appalling state of affairs because the Undead Confederacy controls the Congress, the Courts, and the Presidency through a generation’s cynical abuse of the machineries of democracy.

What we have lost:

One person, one vote (gerrymandering, voter suppression)

Impartial justice (McConnell’s theft of the Garland Supreme Court seat; a minority president* who has already made two lifetime Court appointments)

The ability to pass laws restoring democratic principles without a corrupt Court striking them down using crazy constitutional interpretations.

The power to expel a president* who is tanking democracy.

Capacity to remedy policy risks like climate change and health care, currently blocked by spiritual wickedness in high places.

In the Amicus podcast of 3/29/19 (about 33 minutes in), Aaron Belkin suggests that extreme conditions require strong measures. “It’s time to bring a gun to a gunfight. … The progressive agenda is DOA unless we protect it from the courts.” Belkin argues that the Framers left it up to the Congress keep the courts from getting out of hand, by leaving the composition of the courts to the legislature.

Roosevelt’s New Deal was blocked until he proposed to alter the composition of the Court, whereupon the Nine realized that the better part of valor was to cease being obstructionist.

Notes I’ve transcribed approximately from what Belkin(1) said:

Court packing is the moderate, workable way to stop our radical court from continuing to sabotage democracy. …
Court making bizarre convoluted decisions against people of color, women, and workers. …
Packing threat saved FDR’s New Deal.
Packing is honest and people understand it. …
A generation of ruthless judicial politics which put W. in the presidency for no reason. …
No reasonable concept of democracy supports throwing millions of votes away because of gerrymandering. …
Campaign on bold, clear ideas.
Ruthless Republican judicial politics.
Revitalize democracy by reforming the courts.
Theft of open seat (Merrick Garland).
Illegitimate judicial appointments by pres. elected by minority.
Trump should not be making lifetime appointments.
Time to bring a gun to a gunfight.
They prioritize party over the national interest.
Tell the truth.
‘Balls and strikes’ grossly disingenuous.
The Supreme Court has spent the last generation attacking workers and women and brown people.
What the voters saw in the Kavanaugh hearings.
The connection between Kavanaugh and the theft of the Garland seat and the destruction of democracy.
Five presidential candidates have admitted that something needs to be done about the courts.
The voters understand that Trump is tanking democracy.
How to fix broken democratic institutions.
We are in deep trouble.
Change our beliefs when new facts dictate.

In closing:
The liberal democratic nation Lincoln thought he had preserved by defeating the slave-holding rebels has had its government hijacked by brutal, ruthless, sullen, angry Rule or Ruin neo-Confederates nursing centuries-old grudges. Belkin: “They prioritize party over the national interest.”

To them, we are not in their nation. We are in “Yankeeland” and they are implacably opposed to the American idea we represent.

Nevertheless, it is our country, not theirs; we are in the majority; the future is not theirs to determine, but ours.

-*--

(1) Slate's later transcription of Aaron Belkin's remarks:
https://slate.com/news-and-politics/2019/04/court-packing-has-become-a-litmus-test-left.html

A sample:
“But what’s surprising some of the candidates, we hear, is that the voters also are asking them how they’re going to fix broken democratic institutions, and what they’re going to do about our broken democracy.

And so I think that—not just with respect to the courts, but more broadly about democracy and the robustness of the political system—the voters really get that we are in deep trouble, and they’re seeing the connection between Kavanaugh and the theft of the Garland seat, and the court, and the destruction of democracy, and also policy risks like climate change and health care access. And so today is a day when we can make that case in a way that was not possible in the past.”

Ferlinghetti turns 100

Ferlinghetti turns 100

America was founded by profound people.

Their descendants are incapable of profundity and would not want it if it were in their power to achieve it.

What they want, and what they produce:

Venting

and platitudes.

Shields and Brooks, discussing the social attack on Ralph Northam,(1) noted that it lacked “a path to redemption.”

This is a characteristic of a people who have lost the faculty of empathy and the concept of pluralism.

Martin Luther King appealed to the American mainstream of his time to “rise up and live out the meaning of their creed, that all men are created equal”; and the majority ended Jim Crow for people who did not look like them, in an enormous nationwide effort which required decades.

Contrast: When Hispanics and Native Americans, thinking Ta-Nehisi Coates was leading a civil rights crusade, came to join him, he said they were “disrespectful.” The situation of black people, he said, was unique and deserved its own focused examination.

It’s not that Ta-Nehisi lacked the concept of pluralism — that he might be called on to be his brother’s keeper — it’s that the progressive journalists who adulated him did not notice that this new version of the American crusade for reform wanted no part of empathy and altruism.

It’s all about ego and group aggrandizement. It lacks compassion and the milk of human kindness. It lacks public-spiritedness. The democratic disposition and concern for the public good is alien to it.

I Am Waiting
Lawrence Ferlinghetti

I am waiting for my case to come up
and I am waiting
for a rebirth of wonder
and I am waiting for someone
to really discover America
and wail
and I am waiting
for the discovery
of a new symbolic western frontier
and I am waiting
for the American Eagle
to really spread its wings
and straighten up and fly right
and I am waiting
for the Age of Anxiety
to drop dead
and I am waiting
for the war to be fought
which will make the world safe …
and I am perpetually awaiting
a rebirth of wonder

-*--

(1) Ralph Northam, an exemplary governor in Virginia, under social media attack because of blackface photo in the early eighties.

Alexander Hamilton: “Good government from reflection and choice,” or from tweets and lies, “accident and force”?

Jim Sleeper, 1/7/13: “Where should power come from in a free country? Alexander Hamilton wrote that history had destined Americans, “by their conduct and example, to decide the important question, whether societies of men are really capable or not of establishing good government from reflection and choice, or whether they are forever destined for their political constitutions on accident and force.””(1) 

Andrew Sullivan warned, three years ago, that the ascension to power of the illiberal, anti democratic, “post truth” regime which now rules us against our will, would be an “extinction level event.”

“[History has destined Americans, said Hamilton,] “by their conduct and example, to decide the important question, whether societies of men are really capable … of establishing good government.”” (Emphasis added)

Alexis de Tocqueville, in Democracy in America, attributed the vigor of the early American republic to Americans' “habits of the heart.”

James Madison spoke of Americans' democratic dispositions, chief among which was virtue:

“I go on this great republican principle, that the people will have virtue and intelligence to select men of virtue and wisdom. Is there no virtue among us? If there be not, we are in a wretched situation. No theoretical checks — no form of government can render us secure. To suppose that any form of government will secure liberty or happiness without any virtue in the people, is a chimerical idea, if there be sufficient virtue and intelligence in the community, it will be exercised in the selection of these men. So that we do not depend on their virtue, or put confidence in our rulers, but in the people who are to choose them.” (James Madison, The Debates in the Several State Conventions on the Adoption of the Federal Constitution, vol 3, pp. 536-37.)

Absent virtue, we will not “select men of virtue and wisdom,” Madison wrote. In that case, “No theoretical checks — no form of government can render us secure.”

Enough of us, fed up with decades of neither Democratic nor Republican presidents addressing growing inequality, gambled, despite Madison's warnings, on a wild man. And the “theoretical checks” are near the breaking point.

Ironical point from The Onion: “We refuse to allow a clickbait-driven journalism industry that privileges scandal and controversy over facts and nuance to shape our discourse. Our democracy is too important.”


-*--

(1) Federalist No. 1 [https://en.wikiquote.org/wiki/The_Federalist]

Trump: We know already. And our response is …

David Graham: 

But if one is not already convinced that the president’s behavior is unacceptable, it would require an immense revelation to change one’s mind—if that’s even possible. Conversely, if one looks at these facts and believes they merit impeachment (or another sanction), then standing sentry for a nebulously timed, nebulously structured report hardly seems worth the effort.

Perhaps it’s the paralysis implied by Andrew Sullivan a year ago: "Think of the wonderful SNL sketch recently, when three couples at a restaurant stumble onto the subject of Aziz Ansari. No one feels capable of saying anything in public."

For all our platitudes and our venting, our language has lost the power it had in 1776. What Hayek called “The long-range power of ideas” — the very essence of a free, liberal society — has fled us as we’ve lost the democratic voice. “We’re an empire now,” and as we deliberate “judiciously, as you will,” our rulers, way ahead of us, have subverted the rule of law, slammed innocent children in prison, and joked about knocking reporters to the ground.

We the People, who cannot even prevent the manifestly illiberal, unjust, unfit Goresuch and Kavanaugh from being imposed on the highest court of the land in rapid robotic succession, have lost control of our destiny.

“A republic, if you can keep it,” said the Founders, as they bequeathed us a marvelous creation, something new in history.

*If*

From a social media comment: The milieu in which the UnPresident operates

First, the Presidency is a position of service. Trump cannot understand this and thinks it's a position of power. His whole life has been about aggrandizement. It still is.

The factors in the America we have now:
The Enlightenment liberalism of Washington,(1) Jefferson, Lincoln, MLK, Orwell, etc., which is about friendship, cooperation, and making improvements. Place most elected Democrats here.

The neo-Marxism of today's campus left — "oppositional, adversarial, subversive" — as also seen in the kind of punditry which prostrated itself before Ta-Nehisi Coates during his fifteen minutes of fame.

The re-emergent plantation mentality(2) of today's Republicans, looters heartless about the wretched and the poor. Former British conservative Andrew Sullivan says they're not remotely conservative; and I think he's right.

The media totally confuse the issue by treating the liberalism above and the above leftism as more or less synonymous, which does not work at all.

-*--

(1) Washington's Farewell Address:
“Relying on its kindness in this as in other things, and actuated by that fervent love towards it, which is so natural to a man who views in it the native soil of himself and his progenitors for several generations, I anticipate with pleasing expectation that retreat in which I promise myself to realize, without alloy, the sweet enjoyment of partaking, in the midst of my fellow-citizens, the benign influence of good laws under a free government, the ever-favorite object of my heart, and the happy reward, as I trust, of our mutual cares, labors, and dangers.”

Here, as in his Inaugural Address, Washington refers to “the public good.” 


(2) Garrison Keillor in Homegrown Democrat:
“My life depends on the social compact that Republicans are determined to overthrow, cutting taxes and killing off public services and reducing us to a low-wage no-services plantation economy run by an enclave class that I do not wish to be part of, no matter how graceful or thoughtful they are. … ” p. 227
 

The values of the state's higher education system cannot be reconciled with the values of its justice system

I have written before that all democracy is liberal, all justice is liberal, all intellectuality is liberal, and all science is liberal.(1) If all justice is liberal, then the political orientation of any judge is the jurisprudential outlook of those who love justice above all else. It follows that there cannot be a "Republican judge" or a "Democratic judge." If a judge's highest loyalty is not to "the known rules of ancient liberty", to eternal justice, they could at best preside over a kangaroo court, at best practice a travesty of justice. (The current practice here in the United States where the Republican Party nominates judges and justices only from a list of candidates provided by the Federalist Society violates the principles of the legal profession, since its intent is to guarantee that only jurists who are activists committed to the doctrines of a partisan ideology rather than universal justice will be appointed. Edmund Burke, in a related case, argued against "instruction" whereby legislators were constrained to proceed only under designated foregone conclusions.)

I know a person who is a dean in the local state higher education system, and is also licensed to practice law in this state. If he were to praise "social justice" as widely understood in the current campus outlook, in writing, he could be in danger of having his law license revoked, since "social justice" lacks the elements of due process.(1) If he were to say, as a practicing legal professional, that "social justice" is, from the standpoint of the legal profession, an oxymoron, the same block of students who prevent speakers with the wrong viewpoint(2) from appearing on campus under the "no platforming" standard would likely hound him from campus (as, below, "a hobgoblin whose career needs to be ended").

Andrew Sullivan describes the illiberal campus intolerance:

And yes, I’m not talking about formal rules — but norms of liberal behavior. One of them is a robust public debate, free from intimidation. Liberals welcome dissent because it’s our surest way to avoid error. Cultural Marxists fear dissent because they believe it can do harm to others’ feelings and help sustain existing identity-based power structures. Yes, this is not about the First Amendment. The government is not preventing anyone from speaking. But it is about the spirit of the First Amendment. One of the reasons I defended Katie Roiphe against a campaign to preemptively suppress an essay of hers (even to the point of attempting to sabotage an entire issue of Harper’s) is because of this spirit. She may be wrong, but that does not make her a hobgoblin whose career needs to be ended. And the impulse to intimidate, vilify, ruin, and abuse a writer for her opinions chills open debate. This is a real-world echo of the campus habit of disrupting speakers, no-platforming conservatives, and shouting people down.

The tragic aspect of this is that it not only erodes the student's sense of justice, but is deeply and thoroughly anti-intellectual. Higher education is not about teaching only the right things, it is about learning how to determine what the right things are. It is not a platform, it is an arena where competing viewpoints are debated and compared. Anything that "chills open debate" is by definition anti-intellectual.

Why are the state's universities and colleges substituting indoctrination for education? Why are they teaching, and that most stridently, principles of intolerance and censorship which the state's own justice system explicitly forbids?

You can be expelled from one set of state institutions for refusing to endorse unconstitutional practices which another set of state institutions consider worthy of legal sanction. "Brethren, these things ought not to be so."


-*--
 
(1) Commitment to evidence and reason: Democracy (the informed consent of the governed); Justice (rules of evidence); Intellectuality (rejects false premises and invalid syllogisms); Science (testable predictions). Egalitarian and universalist: Lincoln, praising the Declaration's "All men are created equal," called it "an abstract truth, applicable to all men and all times."

(2) First Amendment jurisprudence explicitly prohibits viewpoint discrimination and prior restraint.

Then and now

All democracy is liberal, all intellectuality is liberal, all science is liberal, and all justice is liberal

Personal reflections on the America I knew in high school (I went to high school during the second Eisenhower administration, college during the first Kennedy administration), contrasted with the America I write about now. This will not be particularly organized or structured: it is exploratory.

It is my impression that the Great Break in American principles occurred about the time I graduated from college in the spring of 1964. That fall the news was full of Mario Savio and the Free Speech Movement on the Cal campus at Berkeley. I had missed the revolution.

Roger Ebert: 

The great divide was November 22, 1963, and nothing was ever the same again. The teenagers in “American Graffiti” are, in a sense, like that cartoon character in the magazine ads: the one who gives the name of his insurance company, unaware that an avalanche is about to land on him. ... The music was as innocent as the time. Songs like “Sixteen Candles” and “Gonna Find Her” and “The Book of Love” sound touchingly naive today; nothing prepared us for the decadence and the aggression of rock only a handful of years later. (Emphasis added)

From the Founding until the counterculture, the methodological, liberal approach of the Declaration and the Constitution had held ideological impulses in check. Ideology is the deformation of thought and language in the service of power, as a result, it feels free to silence expressions of ideas not its own.

The difference was that up through JFK's time the right of people to have diverse opinions was accepted. This had an advantage: the various sides of an argument could be discussed, generally to everyone's benefit.

An acquaintance of mine who works in the state higher education system recently defended "no-platforming," the prevention of speakers who have the wrong opinions from appearing on campus. (I'm reminded of the Stalin era Soviet writer Isaac Babel, who said that he and his comrades had every right except the right to make a mistake.)  Robert Pirsig, in Zen and the Art of Motorcycle Maintenance, spoke of the university [PDF] as the "church of reason," where ideas could be debated. The university was an arena, not a platform. To allow a diversity of ideas to be presented for educational purposes did not arouse the fear of legitimizing wrongthink.

So this is one primary difference between the America of my K-12 years and America now. The earlier America honored a principle which makes ideology uncomfortable: the liberal free speech provision of the First Amendment. And our universities did not need "safe spaces" where one retreats to avoid being traumatized by an opposing viewpoint.

The difference is the difference between liberalism, which is an information methodology that proceeds from foundational values, and constantly advances human knowledge; and ideology, which operates from undiscussable doctrines and dogmas and is afraid of free debate.

The "tribalism"(1) issue of today's media is a symptom. The underlying point is the prevalence of ideology, which turns every conceptual position into an armed camp, and which speaks the language of enmity and battle. This is fatal to democracy, which is based on friendship, cooperation, pluralism,(2) altruism, and constructive thinking.

For example, the watchwords of left ideology are "oppositional," "adversarial," and "subversive." Right ideology is concerned with nationalism, strength, supremacy, and bell curve racial superiority (the post-Nazi euphemism for Herrenrasse).

The ideologies (left and right) are about enmity; liberal information methodology is about friendship. As Amy Walter recently said on PBS, "fight or fix."

Foundational characteristics: Ideologies are characterized by zero-sum-game thinking; liberalism by positive-sum-game, win-win outlook. An acquaintance described zero-sum-game as "when somebody wins, somebody else loses." The leftism of Marx was clear: Everything should go to the proletariat, who by the labor theory of value deserved it, none to the bourgeoisie. The size of the pie is fixed: the point is to get the larger portion. The problem is mostly unnoticed: Under zero-sum-game thinking, there is no reason for generosity, pluralism,(2) or altruism. To be anti-racist makes no sense, for then the other guy wins and you lose.

By contrast, for liberalism a foundational value, such as liberty or freedom of speech, benefits everybody. For example, while freedom of speech allows bad people to get away with verbal abuse and racial slurs, without freedom of speech Martin Luther King would have had no influence on civil rights history. With liberalism you have democratic dispositions, what Washington described as "the public good," and enlightened self interest.

A probable second foundational characteristic of ideological thinking: belief in original sin. Original sin is a negative, destructive, theological notion which has no place in liberal democratic thinking. (The parable of the prodigal son seems to indicate that the founder of Christianity had moved beyond original sin. The son's prodigality is presented as reversible error ("he came to himself"), and the successful outcome is presented as developing without needing the intervention of a Redeemer or an Atonement.)

There is no upside to thinking in terms of original sin. "We are all sinners!" does not point to a solution: it displaces the solution. Original sin creates a hostile, "gotcha" social climate with what literary critic Frederic C. Crews called "the reckless dispensation of guilt." Original sin facilitates targeting and provides spurious justification for imputing bad motives to others.

(1) Andrew Sullivan: nymag.com/intelligencer/2017/09/can-democracy-survive-tribalism.html

(2) The acceptance of Martin Luther King's civil rights campaign by the mainstream is an example of liberal democratic pluralism. The mainstream for years worked against segregationist opposition to make their country more just towards African Americans.Pluralism in this sense is ethically responsible action to benefit those who are different from oneself.

Liberalism is the underlying principle of modern civilization. It has nothing to do with the outlook of the left.

Because Enlightenment liberalism is universalist, egalitarian, committed to the dignity and rights of the single person, committed to evidence and reason where they apply, and characterized by a passionate desire for optimum outcomes, all democracy is inherently liberal, all justice is liberal, all genuine intellectuality is liberal, and all science is liberal.(1) As argued in The Liberal Founding, what is sometimes called the American idea is liberal.

One guide, in a milieu where media often treat "liberal" and "left" as more or less synonymous, is that liberalism has no Marxism in it. No collectivism with its "moral ties antecedent to choice";(2) win-win thinking instead of zero-sum-game thinking; cooperation, friendship, altruism, and meliorism rather than "adversarial," "oppositional," and "subversive." Liberalism rejects Marxism's romantic, anarchic, faux-heroic, anti-institutional, visionary narcissistic ruler whose self-affirmation is ultimately autocratic.

Stephen Holmes, in The Anatomy of Antiliberalism, distinguishes nonmarxist antiliberalism from Marxist antiliberalism:

Marxists are no less secular than liberals (they would eradicate religion, while liberals would depoliticize it). Nonmarxist antiliberals see secularism as a moral disaster. Like liberals, Marxists view ethnic identity and national solidarity as particularistic atavisms (they would eradicate ethnicity while liberals would demilitarize it). Nonmarxist antiliberals, by contrast, see the cutting of ethnic roots as an unparalleled human catastrophe. ... Marxists extol science, technology, and economic development, for example. Nonmarxist antiliberals interpret the authority of science and the spread of materialistic attitudes as two of liberalism's most abhorrent sins. ... Antiliberals in my sense assert with one voice that Marxism and liberalism, while superficially opposed, share a common ancestry and are secretly allied. They are two offshoots of a single and spiritually hollow Enlightenment tradition. (pp. 1-2)

An important difference in how the term "left" is used today is that the campus left, and opinion writers under their influence, such as the recently highly popular Ta-Nehisi Coates, are, as Andrew Sullivan recently described them, "neo-Marxist."(3)

Elected Democrats, with some exceptions, are closet liberals. As would be expected in a nation with an Enlightenment liberal founding, they honor such liberal principles as reason and universalism ("let facts be submitted to a candid world," says the Declaration); The Rights of Man (see Bill of Rights in the Constitution) and optimum outcomes ("We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty ..."). "Closet liberals" because in the current media climate we do not have a politician who can discuss liberalism as liberalism effectively with the American public.

Both Popper's The Open Society and its Enemies, and I. F. Stone's The Trial of Socrates are about liberalism, but seldom use the term. By contrast, Fritz Stern's Five Germanys I Have Known, and The Failure of Illiberalism, address applied liberalism directly. All are recommended, the last three highly so.

This cultural inability to have a meaningful discussion of liberalism in our politics may be a substantial reason for the calamitous dysfunction in which the Republic finds itself at the current moment.



-*--

(1) Commitment to evidence and reason: Democracy (the informed consent of the governed); Justice (rules of evidence); Intellectuality (rejects false premises and invalid syllogisms); Science (testable predictions). Egalitarian and universalist: Lincoln, praising the Declaration's "All men are created equal," called it "an abstract truth, applicable to all men and all times"

(2) De Tocqueville, surveying the young American nation, found "voluntary associations"

(3) Andrew Sullivan: We All Live On Campus Now: "Over the last year, the most common rebuttal to my intermittent coverage of campus culture has been: Why does it matter? These are students, after all. They’ll grow up once they leave their cloistered, neo-Marxist safe spaces. The real world isn’t like that. You’re exaggerating anyway. And so on. I certainly see the point. In the world beyond campus, few people use the term microaggressions without irony or an eye roll; claims of “white supremacy,” “rape culture,” or “white privilege” can seem like mere rhetorical flourishes; racial and gender segregation hasn’t been perpetuated in the workplace yet ..."

The battle-cry, “social justice,” is an oxymoron

“There needs protection also against the tyranny of the prevailing opinion and feeling; against the tendency of society to impose, by other means than civil penalties, its own ideas and practices as rules of conduct on those who dissent from them.” — John Stuart Mill, opposing the extrajudicial determination of guilt; and extrajudicial punishment

Andrew Sullivan: “Social-justice ideology does everything a religion should. It offers an account of the whole: that human life and society and any kind of truth must be seen entirely as a function of social power structures, in which various groups have spent all of human existence oppressing other groups. And it provides a set of practices to resist and reverse this interlocking web of oppression — from regulating the workplace and policing the classroom to checking your own sin and even seeking to control language itself.”

“Social justice,” from the Roman lawyer Cicero’s appeal to “right reason” to the present, has lacked the fundamentals of actual justice:

1. Presumption of innocence
2. Notification
3. Rules of evidence
4. The right to confront witnesses  
5. The right of appeal 
6. Most important, constraint by the existing body of law
   

In short, due process.

If the judgment of “the community,” the collective, the mob, anyone who wants to gang up on someone who is different, was sufficient, the justice system would not be needed. “The madness of crowds” determines your fate.

In On Liberty, about page 3, the author questions the valorization of “social” implied by such terms as “social justice.”

“Society can and does execute its own mandates,” wrote Mill, “and if it issues wrong mandates instead of right, or any mandates at all in things with which it ought not to meddle, it practises a social tyranny more formidable than many kinds of political oppression, since, though not usually upheld by such extreme penalties, it leaves fewer means of escape, penetrating much more deeply into the details of life, and enslaving the soul itself.”

Mill continued, “Protection, therefore, against the tyranny of the magistrate is not enough: there needs protection also against the tyranny of the prevailing opinion and feeling; against the tendency of society to impose, by other means than civil penalties, its own ideas and practices as rules of conduct on those who dissent from them; to fetter the development, and, if possible, prevent the formation, of any individuality not in harmony with its ways, and compel all characters to fashion themselves upon the model of its own.”

The Liberal Founding (Reposted)

This is a repost of “The Liberal Founding,” originally posted here July 24, 2012. 

JohnMH127@gmail.com

“The spirit of liberalism suffused the Revolution, the Declaration of Independence, the Constitution and the Bill of Rights” - (Below)

Professor Charles K. Rowley:

In 1993, in his book, Post-Liberalism, [John] Gray poked around among the rubble of classical liberal philosophy to determine what, if anything was left. He concluded that none of the four constitutive elements of doctrinal liberalism — universalism, individualism, egalitarianism and meliorism (or human flourishing) — could survive the ordeal by value pluralism and that liberalism, as a political philosophy, therefore was dead. - What Is Living and What Is Dead in Classical Liberalism

To start, preliminary remarks on liberalism. The underlying propositions:

1. The liberal Enlightenment of the eighteenth century was an outgrowth of the scientific revolution of the latter half of the seventeenth century
2. In this blog the term ‘liberalism’ means Enlightenment liberalism. Liberalism is substantially different from the outlook of the left, and from Marxism, progressivism, libertarianism, and conservatism (as Historian Fritz Stern writes, “Extremists of the right and the left have long attacked liberalism as their greatest enemy.”)
3. The Declaration and Constitution, recognized by scholars as representative Enlightenment documents, embody liberal principles. As Stern’s and Ferris’s notes below suggest, the Founding was an expression of the new liberal values of the Enlightenment
4. The underlying assumptions and working principles of the United States are liberal. The present tendency to use ‘liberal’ as a derogatory epithet suggests a fundamental problem for the working of our society

Timothy Ferris, The Science of Liberty:

This book argues that the new ingredient was science. It maintains that the democratic revolution was sparked—caused is perhaps not too strong a word—by the scientific revolution. … Science arose to prominence immediately prior to the Enlightenment—as would be expected if, indeed, science was the one indisputably new ingredient in the social and intellectual ferment that produced the Enlightenment and the democratic revolutions that followed. (p. 2, p. 6)

Fritz Stern was born in Breslau, Germany in 1926, and moved with his family to the United States in 1938 in response to the rising anti-semitism of the Third Reich. As he wrote in The Failure of Illiberalism:

It may be that the accident of German birth gave me an added incentive to work in this extraordinary field. It certainly left me with strong memories. I was seven when Hitler came to power; for the next five years I lived under the two faces of Fascism. ... In school I saw the smiling face of Nazism, as fellow students reveled in their uniforms, sang their songs, and prattled their litany of love and hate. I sensed their exultation and felt their cruelty.

From Fritz Stern Op-Ed New York Times September 4, 1988 (in response to George H.W. Bush’s Ronald Reagan's derogatory use of ‘liberal’):

Liberalism—one of “America's noblest traditions,” I insisted, often defined as a state of mind—had “transformed the world . . . [I]ts greatest victory has been the American Revolution; its greatest pronouncement, the Declaration of Independence; its greatest bulwark, the Constitution of the United States and the Bill of Rights.” It had “stood for freedom against tyranny. At its best . . . a force for change and progress, seeking the institutional defense of decency.” ... In America's liberal premises the world had seen “the best promise of the West.” - This, and the following, from Five Germanys I Have Known

 
New York Times ad purchased  October 26, 1988 by Fritz Stern and C. Vann Woodward:

A Reaffirmation of Principle

We speak as American citizens who wish to reaffirm America's liberal tradition. At our country's founding, the spirit of liberalism suffused the Revolution, the Declaration of Independence, the Constitution and the Bill of Rights. These principles, thus embodied, have inspired the respect of much of the world.

We regret that the President of the United States has taken the lead in vilifying one of our oldest and noblest traditions. He made sport of “the dreaded L-word” and continues to make “liberal” and “liberalism” terms of opprobrium. We are deeply concerned about the erosion and debasement of American values and American traditions that our country has long cherished.

In the past and at its best, liberalism has sought the institutional defense of decency. Everywhere it has fought for the freedom of individuals to attain their fullest development. It has opposed tyranny in all forms, past and present. Liberal policies require constant scrutiny and sometimes revision. Liberal principles—freedom, tolerance, and the protection of the rights of every citizen—are timeless.

Extremists of the right and the left have long attacked liberalism as their greatest enemy. In our own time liberal democracies have been crushed by such extremists. Against any encouragement of this tendency in our own country, intentional or not, we feel obliged to speak out. We hope that others will do so as well.