The Court’s memorable language in Romer v. Evans.

Revisiting Romer v. Evans. “The state had impermissibly made them ‘a stranger to its laws.’”

In the ‘Nineties, Colorado Amendment 2 prevented local jurisdictions in that state from enacting or enforcing protections of gay people. The Supreme Court, in Romer v. Evans, struck that law down in memorable language.

“[Justice] Kennedy felt that there was no possible justification for the law other than a specific animus against the group that it targeted, since its virtually limitless scope dwarfed the justifications that the state provided. …

First, the amendment is at once too narrow and too broad, identifying persons by a single trait and then denying them the possibility of protection across the board. This disqualification of a class of persons from the right to obtain specific protection from the law is unprecedented and is itself a denial of equal protection in the most literal sense. … the amendment raises the inevitable inference that it is born of animosity toward the class that it affects. Amendment 2 cannot be said to be directed to an identifiable legitimate purpose or discrete objective. It is a status-based classification of persons undertaken for its own sake, something the Equal Protection Clause does not permit.”

/*****/

Digitalcommons_dot_law adds:
“‘These are protections … against exclusion from an almost limitless number of transactions and endeavors that constitute ordinary civic life in a free society.’ The Court concluded that Amendment 2 classified lesbians and gay men, not to further a proper legislative purpose, but to make them unequal to everyone else. In so doing, the state had impermissibly made them ‘a stranger to its laws.’”

[https://digitalcommons.law.scu.edu/cgi/viewcontent.cgi?article=1457&context=lawreview]

[https://supreme.justia.com/cases/federal/us/517/620/]

The Enemy Within

The Enemy Within (Posted elsewhere a few months ago)

“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 http://www.bartleby.com/251/pages/page44.html

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.” https://en.m.wikipedia.org/wiki/Cooper_Union_speech#Summary

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.
https://en.wikipedia.org/wiki/Battle_of_Fort_Sumter

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.” https://en.wikipedia.org/wiki/Reconstruction_era

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.” https://www.nps.gov/subjects/civilrights/martin-luther-king.htm

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 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 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.

https://en.wikipedia.org/wiki/Battle_of_Fort_Sumter

Americans elected today’s Democratic House to demonstrate their disgust with the most corrupt president* in history. The response of the Pelosi-led House is beginning to look like a profile in cowardice.

Americans elected today’s Democratic House to demonstrate their disgust with the most corrupt president* in history. The response of the Pelosi-led House is beginning to look like a profile in cowardice. 

Brian Beutler, Crooked.com: “Their irresolution has allowed Republicans to drown the public in unanswered lies about what Mueller found and what the response to it should be. … The evasive way House Democrats have responded to the report so far has done Mueller a real disservice.”

The victims of the crimes under investigation, which include the voters Trump defrauded in 2016, have only one backstop offering them any hope that justice will be served, and it is House Democrats, who are determined not to impeach the president under almost any circumstances.

1. “Republicans … drown the public in unanswered lies about what Mueller found”

2. Retaliatory, brazen Republican “counter-investigations”

We are now likelier to witness months of full-throttled counter-investigations—of Mueller himself, and everybody who played a hand in the Russia probe—than we are to get the impeachment inquiry Mueller all but declared we need.

3. “The party leadership’s [cowardly] desperation to avoid a confrontation with Trump has been comically unsubtle”

When Mueller finished his work, House Majority Whip James Clyburn immediately described the Russia investigation as a “closed” chapter, and called on Democrats to turn their attention to “everyday issues.”

4. “Their certainty that holding Trump accountable will backfire politically stems from a combination of bad history and poor reasoning”

Because Democratic candidates campaigned successfully in 2018 on protecting people’s health care, Democrats have convinced themselves that it is Trump’s only vulnerability.

5. We needed “the realization that the Trump presidency is an emergency and that building a check on his power was a matter of historic importance”

6. “Trump has predictably abused his inherent powers to work around the divided government, and Democrats can’t protect people from him by avoiding confrontation”

All they can do is demobilize their supporters by communicating that they don’t actually believe Trump is much of an emergency after all.

7. We act as if the president* is allowed to act as judge in his own behalf by buying into the “view that Trump can end or throttle those investigations if he claims to believe they’re bogus”

8. “The victims of the crimes under investigation … have only one source of hope that the federal law enforcement apparatus won’t ruin their lives to boost Trump’s political prospects, or help him seek revenge, and it is House Democrats, who are determined not to impeach the president under almost any circumstances”

9. The House Democrats “fear that if they do the right thing, they will not do as well in the 2020 elections as they will if they do the wrong thing … we do know that the wrong thing causes real harm to people right now”

10. “Without the threat of penalty, Democrats will proceed under the impression that abdicating their obligations is costless”

11. “We should all demand that they stand and be counted while it’s still an option, and should interpret failure to do so as a profound, collective failure of character”


_*__

“If the incumbent* wins, there will be four more years of enabled destruction of our political institutions.”

In a democracy, the party out of power is “the loyal opposition.” Under the treason party, election is simply the chance to continue the war of the slave-holding rebels against the United States by other means (as previously argued in “The Enemy Within”). “The upper echelons of the Republican Party in Congress decided to obstruct Barack Obama at a dinner on the night of Obama's inauguration. … [a] Democratic president simply will not be allowed to govern … as a Democrat.”

Charles P. Pierce wrote:
“Nobody who watched William Barr's performance before a Republican-majority Senate Judiciary Committee this past week can sensibly deny that, as long as the Senate remains in the hands of the Republican Party, it doesn't matter what happens in the 2020 presidential election. If the incumbent* wins, there will be four more years of enabled destruction of our political institutions. If one of the Democrats wins, and the Senate stays Republican, the Democratic president simply will not be allowed to govern. Not as a Democrat, anyway.

And this didn't start with El Caudillo del Mar-a-Lago, either. The record shows that, upon Bill Clinton's election, good ol' Bob Dole announced that he was there to represent everyone who didn't vote for the winner. The Florida burglary in 2000 was in part a refusal to allow another Democrat to succeed Clinton, and the upper echelons of the Republican Party in Congress decided to obstruct Barack Obama at a dinner on the night of Obama's inauguration.”

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.”

The Amicus Podcast of March 16 on six ways the current chief executive fails to honor the Oath of Office

The Amicus podcast of March 16 features Protect Democracy and its emphasis on the Take Care clause of the Constitution to counter the effects of the Trump regime:

“Take care clause refers to a clause in the U.S. Constitution that imposes a duty on the President to take due care while executing laws. The purpose of this clause is to ensure that a law is faithfully executed by the President.”

This clause appears in two places in the Constitution, one being the Oath of Office which the Chief Executive must affirm in order to legitimately be President.

In the podcast Protect Democracy’s Ian Bassin and Slate’s Dahlia Lithwick discuss six ways the incumbent fails to honor his oath:

Politicizing independent institutions, such as the Justice Department

Spreading disinformation (“Fake News,” Nine Thousand lies and counting)

Executive Power Grabs (False emergencies)

Quashing Dissent (Suggesting SNL satire of the president* “should be looked into”)

Delegitimizing Communities (Hispanic “invasion,” demonizing Muslims)

Corrupting Elections (Voter suppression, Gerrymandering)

“Good” discrimination?

Introductory note: The implied reference of Patai's nearly quarter-century-old article below is Enlightenment liberalism (as it is for Popper's The Open Society and Its Enemies, and I. F. Stone's The Trial of Socrates; for publications which discuss liberalism explicitly, see Historian Fritz Stern's works, such as The Failure of Illiberalism). Patai is arguing against what Jonathan Chait called  “the illiberal [campus] left.” That left is still with us, as Andrew Sullivan, “We All Live on Campus Now,” wrote recently.

(Elected Democrats are generally liberal, not left in the above sense; but results are still out on some, such as Tlaib, Omar, Ocasio-Cortez, Bernie Sanders, and others.)

I hold that liberalism — the liberalism of Washington, Jefferson, Lincoln, MLK, and George Orwell — is the methodology of the good life, and as such not “political.” Furthermore, as in a previous post, “all democracy is liberal, all justice is liberal, all [genuine] intellectuality is liberal, and all science is liberal.”

Contrary to the habits of our media discourse, then, the counter to our increasingly anti-democratic right, or conservatism, is not leftism but liberalism. It was not the left but liberalism which proclaimed the Rights of Man, and declared without any reservation whatsoever that all people are created equal, transcending the “smelly little orthodoxies” of the politics of identity. (As Patai notes below, “Truth, righteousness, and automatic justification in the world of women's studies now reside with "women of color."”)

The cure for bad discrimination (against minorities and women, for example) is not good discrimination (against Caucasians and men, i.e., “Smite the oppressor”). Prejudicial discrimination is not a valid means to a legitimate end at any time in any way. In a liberal society, the point is to avoid anything that is discriminatory, because it is unjust.

“Justice ... cannot be won by means that are themselves unjust.”

The following was from vix.com but apparently is no longer on that site. Daphne Patai, 3/30/96:

I tried to explain that "racism" had nothing to do with the events in question. This simple denial brought a storm down upon my head. I was told by a young black colleague that when a woman of color says she has experienced racism, she is the authority on that experience and cannot be challenged. [Ed. note: This is the ad hominem(1) fallacy]
...
I began to realize that we were confronting a new dogma sanctifying a reversal of privilege: instead of the old privileges accompanying the status of "white," truth, righteousness, and automatic justification in the world of women's studies now reside with "women of color." As if in compensation for past oppression, no one now can challenge or gainsay their version of reality. What can be said for such a turnabout, of course, is that it spreads racial misery around, and this may serve some larger plan of justice, sub specie aeternitatis.(2)

But this is hardly adequate for those who believe earthly justice must be pursued case by case, and cannot be won by means that are themselves unjust. In this instance, however, the facts of the case were of no importance: only identity counted.

This, let me emphasize, was no misinterpretation on my part, for some memos actually did state that it was absurd for a white, tenured professor to claim she was being unjustly accused. By virtue of having a certain identity (white) and occupying a certain position (tenured), an individual would necessarily be guilty of whatever accusations a woman of color (or an untenured individual) might make against her. [Ed. note: If this is Original Sin, or inherited guilt, that is in the realm of theology and has no place in the adjudication of justice. Also, it violates various aspects of due process, such as presumption of innocence; and rules of evidence.]

Among my other offenses was an expression of concern at the way some of our students were using the term "Eurocentric" as a new slur: by dismissing an entire culture as "racist," they relieved themselves of the burden of learning anything about it.

-*--

(1) Argumentum ad hominem “A person is not an argument.” A valid argument is not discredited if the person proposing it has low status or is thought to be in disrepute. (Cf. Hitler, “Relativity is Jewish science.”) On the other hand, neither is a fallacious argument legitimated by personalistic considerations. It does not matter how high the prestige or reputation of the person or community advancing it, any propositional assertion must stand on its own.

(2) https://en.wikipedia.org/wiki/Sub_specie_aeternitatis
Sub specie aeternitatis (Latin for "under the aspect of eternity"), is, from Baruch Spinoza onwards, an honorific expression describing what is universally and eternally true, without any reference to or dependence upon the temporal portions of reality.

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.

The "president" as Romantic hero: Anarchic optimistic will to power, unending series of self-affirmations, fighting against insuperable odds

"Trump, with his daring, will save us from our unresponsive elected leaders … 'more than ordinarily incoherent' about political issues … Such heroic vitalism, characteristic of Central European thought in the first half of the last century, contributed to the aura of such authoritarian figures as Lenin, Stalin, Mussolini, and Hitler, as it now constitutes part of the charisma of Donald Trump."

Writing during the presidency of George W. Bush, Ethan Fishman recalled  Richard Hofstadter's article on “The Pseudo-Conservative Revolt.” It was "'more than ordinarily incoherent' about political issues." "A politics," Fishman continued, "that emphasized unarticulated psychological impulses over reasonable analysis—a politics of the gut, in other words, rather than of the mind." Pseudo-Conservatives were "those who discount reason to practice a politics of largely inchoate sentiments."
Fishman added:

Pseudo-conservatives are suspicious of reasonable analysis and often rely on knee-jerk reactions to reach policy decisions.

Fishman saw a resemblance between today's pseudo-conservatives and the ideologues of the French Revolution:

In the context of Iraqi history, therefore, the administration’s vision of a democratic Iraq is reminiscent of the mistakes made by the French revolutionaries. Both acted as if dreams can easily be translated into political reality. Both upheld the ideal of freedom, but neither was able to adapt that ideal to the specific circumstances they encountered. Both were unable to appreciate the staggering costs in human lives and property that are unavoidable when radical change is pursued over a very short period of time.

Donald Trump's politics are those of W. taken to an extreme. He is "'more than ordinarily incoherent' about political issues." In a recent article:

Trump, in his recent interviews with the Washington Post and the New York Times, showed that he does not comprehend the system of global alliances the United States has developed, does not understand international trade, is unaware of the importance of the military bases the US has around the world, and is ignorant of nuclear protocols.

The pseudo-conservative as the person who is "suspicious of reasonable analysis and often rel[ies] on knee-jerk reactions to reach policy decisions" is exemplified in another recent article:
"Trump, with his daring, will save us from our unresponsive elected leaders."

Pseudo-conservatism is thus a form of romanticism. "Romanticism," as Professor Ian Johnston argued [PDF]:

celebrated, above all, the figure of the heroic visionary artist, struggling over time against a hostile or uncaring world, never giving up until death, living life as an unending series of self-affirmations, moments of collision in which the power of the individual's mind and his or her faith in the imagination, imposed a sense of order and gave value to his or her life against insuperable odds.

Such heroic vitalism, characteristic of Central European thought in the first half of the last century, contributed to the aura of such authoritarian figures as Lenin, Stalin, Mussolini, and Hitler, as it now constitutes part of the charisma of Donald Trump. Such icons, symptomatically, are believed to represent "the power of the will."

The attractiveness of such willful political figures as Trump to youth is part of the pattern. The glamor of the romantic, larger-than-life authoritarian politician has an appeal, Johnston continues, to an anarchic youthful spirit:

At this level the Romantic spirit is a relatively uncomplicated celebration of the anarchic, optimistic, youthful spirit of sheer potentiality, an unfocussed affirmation of energy, motion, and good feelings. And if this were all there was to the Romantic ethic, it would never be much more than a pleasant but ultimately rather adolescent yearning for a spirit of total freedom (a good deal of popular Romanticism is little more than that).

"What happens," Johnston asks, "to this youthful creative spirit when it encounters the real world?" As we noted in Trump Reveals What's Wrong with Conservatism, it could "result in the selection of a dissimulating, bigoted, immature, bully":

In Trump, Republican voters have found their anti-Obama. Trump spurns not just political correctness, but correctness of any kind. He lies about Muslims and 9/11, insults women and people with disabilities, accuses a judge of bias for being Hispanic, and hurls profanities. ... Republicans are [at risk of] nominating a child.

Writing during the previous Republican administration, Fishman accurately predicted:

Just as McCarthyism was followed by the presidential campaigns of Barry Goldwater and George Wallace, Richard Nixon’s “Silent Majority,” the Reagan presidency, and the current administration, it is inevitable that another version of pseudo-conservatism will appear on the American political scene.

The current state of the Republican party is a catastrophe decades in the making. Since at least the Goldwater era, Republicans have leveraged cheap, doctrinaire, simplistic politics to distort the deliberative character of American democracy. They sowed the wind, and now reap the whirlwind.

On Fresh Air: A founding principle of Enlightenment liberalism

Monday's transcript of Terry Gross' Fresh Air, interviewing Tom Hicks on his new book Churchill And Orwell: The Fight For Freedom, quoted his conclusion: "The fundamental driver of Western civilization is the agreement that objective reality exists, that people of goodwill can perceive it and that other people will change their views when presented with the facts of the matter." (Emphasis added)

Remember the central problem of our current politics—that conservatism in its current form, in Congress, is driven by a rigid ideology and won't listen to the American majority? Instead of a Republican party which constitutes the loyal opposition characteristic of democracy, we have a totalitarian mindset which is "alien to any dialogue":

The tragedy of Marxist teaching is that it is alien to any dialogue. Marxism only conducted a monologue and never listened. It was always right...always claiming to know everything and to be able to do everything, thus proving its totalitarian essence. - Yakovlev, The Fate of Marxism in Russia, p. 8.

"I alone can fix it," Trump declared in his nomination acceptance speech, "claiming to know everything and to be able to do everything."

"People of goodwill can perceive [reality] ... other people will change their views when presented with the facts of the matter." The foundation of democracy is our common experience of the world. The foundation of democratic prudence is that all citizens, no matter what their "beliefs," will honor evidence by changing their views when those views are shown not to comport with reality.

This is one of Enlightenment liberalism's most fundamental principles. It is echoed when the Declaration (a representative Enlightenment document) proclaims, "let facts be submitted to a candid world." But it is one of the ways the illiberal left disagrees with democratic principle. A tendency toward radical skepticism is shown in a recent post which noted rejection of the rule of law; privileging narratives on ad hominem rather than factual grounds; and claiming there are no neutral, objective claims about the world. On campus, postmodernism denied the relation between reality and language in Derrida's "There is nothing outside the text." (A scholar joked that a postmodernist is someone who spends the day telling students that language cannot refer to reality, then leaves a message on his wife's answering machine asking if he should pick up a pizza on the way home.)

This is not a separate problem of left politics and right politics, but prior. It stems from the ideological cast both have assumed. Ideology privileges belief over reality and, lacking any true principles, will opportunistically assert either omniscient knowledge—Trump claiming to be able to fix everything above—or deny the possibility of knowledge—Trump recently suggested that “nobody really knows” if climate change exists.

Foundation on cognitive prudence—objective reality exists and tends to make it possible for people of good will to agree and work together—is not just a principle of Enlightenment liberalism. The Enlightenment was the birth of "our universal civilization." Mr. Ricks concludes by arguing that holding that objective reality tops the dogmas of ideology. Right ideology and left ideology have no legitimate claim whatsoever, because ideology is inherently unprincipled:

If there's anything I have to say I learned from this experience of reading and re-reading thousands upon thousands of words by Churchill and Orwell over the last three and half years, it's that. That's my conclusion - that this is the essence of Western society and, at its best, how Western society operates.

And it's - you can really reduce it to a formula. First of all, you need to have principles. You need to stand by those principles and remember them. Second, you need to look at reality to observe facts and not just have opinions and to say, what are the facts of the matter? Third, you need to act upon those facts according to your principles.

Was "Newsroom"s portrayal of the social system its real offense?

In two previous articles on Sorkin's "The Newsroom," Why did "The Newsroom" offend progressives? and "Nothing is more important to a democracy than a well-informed electorate", we noted that this parody of television news aroused considerable opposition, partly for criticizing news-as-entertainment rather than news-as-information. Although the overt theme was the undemocratic nature of movement conservatism and particularly the Tea Party ("The American Taliban"), most of the criticism found in Google searches seemed to be by an outraged left. The subtext of TNR's criticism of the present's domineering right was an implicit something which hit "the illiberal left" (Jonathan Chait) right where it lives. 

That something may have been a tectonic shift in the American social system. Social systems are no better than the public and civil culture under which they operate. Under the norms of civility, "actions in public" operate in a warm, tolerant, convivial climate. They honor the third right mentioned in the Declaration: the pursuit of happiness. Under the progressive norm of "struggle" against polymorphic wickedness, you have a fear society.

Tocqueville spoke of the "habits of the heart" (that shape our daily unconscious choices and actions) which made Democracy in America work in his time. In The Ordeal of Civility John Murray Cuddihy said that a society's true values are revealed in those manners we call civility. In a liberal society social customs are humane; have a sense of justice; are benignly tolerant. College students can have bull sessions—free-ranging discussions in which just about anything goes—without fear of being accused of microaggressions.

That tectonic shift may be shown in the change in popular music. The lyrics of our more civil past may look "sentimental" to the tough-minded mind-set of our bleak and ever more fearful present. The "warm, tolerant, convivial climate" strikes both the progressive and the alt-right as inauthentic, even nauseating.

"Moonlight Bay" resonated with the people we once were:

We were sailing along
On Moonlight Bay.
We could hear the voices ringing;
They seemed to say,
"You have stolen her heart"
"Now don't go 'way!"
As we sang Love's Old Sweet Song
On Moonlight Bay.

Imagine a song today which implies our human responsibility for those we attract. But just think of it—it implies a connection. Maybe it would lessen our desperate need for safe spaces.

Or a song having the range of "Silver threads among the gold":

Darling, I am growing old,
Silver threads among the gold,
Shine upon my brow today,
Life is fading fast away.
But, my darling, you will be,
Always young and fair to me,
Yes, my darling, you will be
Always young and fair to me.

The lyrics benignly encompass both youth and age, which they seem to calmly accept, as they seem to accept the prospect that the narrator will soon "go the way of all the earth."(1)

The Lawrence Welk show's Larry Hooper, a lanky, homely, likable feller, once gave a rueful rendition of "Somebody Stole My Gal":

Gee, but I'm lonesome, lonesome and blue.
I've found out something I never knew.
I know now what it means to be sad,
For I've lost the best gal I ever had;
She only left yesterday, Somebody stole her away.

Somebody stole my gal,
Somebody made off with my pal, ...
And gee, I know that she,
Would come to me
If she could see,
Her broken hearted lonesome pal,
Somebody stole my gal! ...

My old love
Sure is an angel, take it from me
And she's all the angel I want to see
Maybe she'll come back some day
All I can do now is pray.

That's what the prevailing voice once was, before the "me" generation. He doesn't blame her, or her new guy. His soul is large enough to encompass her, her "somebody," and the very human situation in which they find themselves. The whole situation, under the aspect of magnanimity of soul, is graced with meaning. He is not damaged, but yearning, and yearning is an affirmation of hope.

Reviewing "American Graffiti," the late film critic Roger Ebert noted the change in our music, as we discussed awhile back:

What characterizes a liberal society is yearning, because yearning is the entryway to ideals and aspirations; and because the dream is for all (see meliorism, above) it is pure and untainted. “The music was as innocent as the time,” Ebert wrote:

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.

The founding liberals thought in terms of a transformation of the whole world (see universalism, above). Thomas Paine proclaimed, “I have been tender in raising the cry against these men, and used numberless arguments to show them their danger, but it will not do to sacrifice a world either to their folly or their baseness.” The music of yearning had been replaced by a music of decadence and aggression, folly and baseness. For example, by the Rolling Stones:

You can't come back and think you are still mine / You're out of touch, my baby / My poor discarded baby / I said, baby, baby, baby, you're out of time.

“My solemn belief of your cause,” Paine added, “is, that it is hellish and damnable, and, under that conviction, every thinking man's heart must fail him.”

In January 2015, Jonathan Chait described aspects of our changed social culture. Elements include the belief of some progressives that speech may be censored if it creates a “hostile environment,” or constitutes a thought-crime. It is hard to imagine the above music able to survive alongside "the culture of taking offense" reported:

Around 2 a.m. on December 12, four students approached the apartment of Omar Mahmood, a Muslim student at the University of Michigan, who had recently published a column in a school newspaper about his perspective as a minority on campus. The students, who were recorded on a building surveillance camera wearing baggy hooded sweatshirts to hide their identity, littered Mahmood’s doorway with copies of his column, scrawled with messages like “You scum embarrass us,” “Shut the fuck up,” and “DO YOU EVEN GO HERE?! LEAVE!!” They posted a picture of a demon and splattered eggs.

This might appear to be the sort of episode that would stoke the moral conscience of students on a progressive campus like Ann Arbor, and it was quickly agreed that an act of biased intimidation had taken place. But Mahmood was widely seen as the perpetrator rather than the victim. His column, published in the school’s conservative newspaper, had spoofed the culture of taking offense that pervades the campus. Mahmood satirically pretended to denounce “a white cis-gendered hetero upper-class man” who offered to help him up when he slipped, leading him to denounce “our barbaric attitude toward people of left-handydnyss.” The gentle tone of his mockery was closer to Charlie Brown than to Charlie Hebdo.

The Michigan Daily, where Mahmood also worked as a columnist and film critic, objected to the placement of his column in the conservative paper but hardly wanted his satirical column in its own pages. Mahmood later said that he was told by the editor that his column had created a “hostile environment,” in which at least one Daily staffer felt threatened, and that he must write a letter of apology to the staff. When he refused, the Daily fired him, and the subsequent vandalism of his apartment served to confirm his status as thought-criminal.

Chait's recent The ‘Shut It Down!’ Left and the War on the Liberal Mind is also recommended for further reading.


-*--

(1) 1 Kings 2:2 KJV: I go the way of all the earth: be thou strong therefore ...