“William Barr: is his defence of Trump paving the road to tyranny?”

Here’s AG of the United States Barr arguing that if a defendant “believed” he was falsely accused, the law cannot lay a hand on him:

Lauren Gambino:

Barr’s robust defense of a president’s executive authority to end an investigation into himself if he believed the inquiry was “based on false allegations”, alarmed critics of both parties.

“The president does not have to sit there constitutionally and allow it to run its course,” Barr told senators. “The president could terminate that proceeding and it would not be corrupt intent because he was being falsely accused.”

In other words, if someone is hauled into court for shooting a person “in the middle of Fifth Avenue,” he “could terminate that proceeding … because he [“believed” he] was being falsely accused.”

Fascinating. According to Attorney General Barr’s revolutionary new legal theory, America’s courts can no longer convict and punish any defendant who “believes” they are innocent.

Whether Barr’s defense of Trump is “paving the road to tyranny,” he’s emasculating the rule of law.

A high price to pay to exculpate a high official who’s at ten thousand lies and counting.

“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.”

Sullivan and Naipaul on the link between Christianity, Enlightenment Liberalism, and modern civilization

Last week Andrew Sullivan responded to the burning of Notre Dame by describing [secularized] Christianity as one of the “metaphysical foundations” of liberalism:

“It remains an open question whether liberalism, broadly understood, can survive the loss of its metaphysical foundations [its defense of the individual soul as inviolate]. And as we see liberal democracy struggle to articulate its truth against the ocean of nihilism, the lure of tribalism, the cult of the strongman, and the left’s contempt for the Enlightenment and religion — the burning of this symbol of Christian devotion [Notre Dame] cut me to the quick.”

The heart of “our universal civilization”(1) is the Christian value Sullivan cites: The individual soul is inviolate. From this value stems that Eighteenth Century rallying cry, The Rights of Man, which even a criminal “president” cannot abrogate.
 
-*--

(1) V. S. Naipaul on “Our Universal Civilization”

Excerpt: “A later realization—I suppose I have sensed it most of my life, but I have understood it philosophically only during the preparation of this talk—has been the beauty of the idea of the pursuit of happiness. Familiar words, easy to take for granted; easy to misconstrue. This idea of the pursuit of happiness is at the heart of the attractiveness of the civilization to so many outside it or on its periphery. I find it marvelous to contemplate to what an extent, after two centuries, and after the terrible history of the earlier part of this century, the idea has come to a kind of fruition. It is an elastic idea; it fits all men. It implies a certain kind of society, a certain kind of awakened spirit. I don’t imagine my father’s parents would have been able to understand the idea. So much is contained in it: the idea of the individual, responsibility, choice, the life of the intellect, the idea of vocation and perfectibility and achievement. It is an immense human idea. It cannot be reduced to a fixed system. It cannot generate fanaticism. But it is known to exist; and because of that, other more rigid systems in the end blow away.”

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)

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.

Hayek on The Liberal Founding

What in Europe was called “liberalism” was here the common tradition on which the American polity had been built: thus the defender of the American tradition was a liberal in the European sense. — Hayek

The term “liberal” in the United States is the cause of constant misunderstandings today. (1) — Hayek

F. A. Hayek, “Why I am Not a Conservative” 1960:

Conservatism proper is a legitimate, probably necessary, and certainly widespread attitude of opposition to drastic change. It has, since the French Revolution, for a century and a half played an important role in European politics. Until the rise of socialism its opposite was liberalism. There is nothing corresponding to this conflict in the history of the United States, because what in Europe was called “liberalism” was here the common tradition on which the American polity had been built: thus the defender of the American tradition was a liberal in the European sense. ... Some time before this, American radicals and socialists began calling themselves “liberals.” I will nevertheless continue for the moment to describe as liberal the position which I hold ... I shall later have to consider what would be the appropriate name for the party of liberty. The reason for this is ... that the term “liberal” in the United States is the cause of constant misunderstandings today, ... (Emphasis added)

“Conservatism proper is a legitimate, probably necessary, and certainly widespread attitude of opposition to drastic change.”

This is why English conservative Andrew Sullivan, now an American citizen, believes that American conservatives are not at all conservative. Mocking “presidential,” as our current president* does; doing whatever he can to violate the Constitutional separation of powers, particularly with respect to the independence of the judiciary; doing the best he can to undermine and sabotage the guardrails of liberal democracy; and abrogating the faith and credit of the United States by subverting international treaty obligations, is not “opposition to drastic change”: It is a most un-conservative disruption of constituted authority and public order. More anarchy than prudence.

It resembles the childish narcissism described by Stu Rothenberg on a recent PBS broadcast:

Do Democrats want to feel good, or do they want to win? … Many Democrats just can't resist themselves. … Many of the younger Democrats, insurgents, anti-establishment ...

Trump's fawning prostrate “conservative” sycophants practice an insurgent, anti-establishment anarchy not remotely conservative. They didn't drain the swamp, they wallow in it. They didn't balance the budget, they instituted a burn-the-candle-at-both-ends era of heedless borrow-and-spend regime involving unprecedented budgetary stimulus during a fevered prosperity: The consequence will likely recapitulate W Bush's world-wide recession. They didn't Make America Great Again; they put a compulsive liar at the helm of the free world, who “immediately set about dismantling it.” America First has the same paradoxical flaw as Deutschland über alles: proclaiming “I am the greatest” is a clue that you're not.

The cultural Marxist left ideology of today is as dysfunctional, as illiberal, as anti-democratic, as the neo-Confederate Trump right ideology.

-*--

(1) “The term “liberal” in the United States is the cause of constant misunderstandings today.” — The more extreme, radical, Marxist the left is today, the more the news media tend to characterize it as “liberal.” (Hayek: American radicals and socialists began calling themselves “liberals.”) 

As Orwell wrote, “The slovenliness of our language makes it easier for us to have foolish thoughts.”

“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.

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*

"The tyranny of the prevailing opinion and feeling" on late night TV

Protection ... 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. — John Stuart Mill, On Liberty

“Social-media frenzies carelessly destroy the lives and careers of individuals who transgress orthodoxies.” — Andrew Sullivan

A few nights ago Stephen Colbert opened his show with two cheap shots at Virginia Governor Ralph Northam. Despite a substantial majority of the African American voters in his state encouraging him not to resign, and liberal Mark Shields on PBS delineating Northam’s good works for minorities and the poor in his state, Colbert mocked him as a scoundrel to the applause of his worshipful audience.

Colbert went on to put Northam down for reporting that the American slave situation began with the euphemism “indentured servants,” scolding him for the insufficient wokeness of his language. Again the crowd cheered. As Andrew Sullivan wrote recently, “Social-media frenzies carelessly destroy the lives and careers of individuals who transgress orthodoxies.”

A couple of points here. This faux “social” justice is intended to impede the free thought and free speaking out which is particularly needed now if we are to counter the deluge of lies our current government is dumping into public discourse.

Second, Colbert, his conformist(1) audience, and the communitarian cadre itself need emphatic reminding that not all social disapproval is justified. His audience should be ashamed of itself for cheering these Colbertian cheap shots. Wrongful social disapproval is the essence of prejudicial discrimination.

Here you have an entire audience (apparently), before the whole television world, gleefully attempting to destroy the life and career of someone who demonstrably is one of the better public servants out there. This is exactly the “social tyranny” whose denunciation in On Liberty was documented a few posts back.(2)

Before you participate in a “community” which is denouncing someone who has got on the wrong side of public opinion, remember: there isn’t always safety in numbers; and it is always disgraceful to gang up on someone simply because they are at a disadvantage.


-*--

(1) Conformity is the act of matching attitudes, beliefs, and behaviors to group norms. Norms are ... forced manufacture of consent, and conformity to group values and ethics, which ignores realistic appraisal of other courses of action. (Emphasis added) Wikipedia

(2) John Stuart Mill, On Liberty
Society can and does execute its own mandates: 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. 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. There is a limit to the legitimate interference of collective opinion with individual independence; and to find that limit, and maintain it against encroachment, is as indispensable to a good condition of human affairs, as protection against political despotism.

We have become an uproar society, not a deliberative society. The result is lawless abuse of power.

It's a question of what society has a right to ask us to do.

In an SNL skit years ago, ditzy blonde character Victoria Jackson chirped, “It has to do with the in dih vid you al.” The Ralph Northam brouhaha addresses the matter of the rights of the single person in the context of the tendency of society to gang up on the individual.

The controversy over Virginia Governor Ralph Northam is not about race or racism. It is about whether our society has the right to ruin the life of what appears to be a perfectly decent, capable, well-intentioned Democratic governor because he may have appeared in a possibly satirical picture incorporating blackface and Klan robe thirty-five years ago.

The author of On Liberty explicitly addressed the case where society issues “mandates ... in things with which it ought not to meddle.”(1)

We have the right to throw Virginia Governor Ralph Northam out only if he’s a bad governor, not because of something that has no impact on policy or act, done in another era, under different social standards, for which he has publicly repented and apologized.

The treatment of Northam is a response to symbol, not substance. The howling mob appears to be acting, not because it is right, but because it can.

What is happening is a perfect example of what John Stuart Mill called “social tyranny”: society overstepping its bounds to impose illicit constraints on one of its members, in lawless abuse of power.(1)

A public which too readily goes ballistic over a vivid graphic that lends itself to the term “racist” and can explode into a witch hunt when it smells fresh blood, is in danger of becoming a callout society, a gotcha society, a fear society, where the individual is afraid to think or speak or act fearlessly because the consequences may be all out of proportion to the cause.

The motto is no longer,  “Be kind, decent, ethical, and public-spirited,” but “Whatever you do, never appear in anything that goes viral.” “Social justice” has come to mean, “Be totally, utterly, cravenly conformist at all costs.”

One of the catchphrases of Enlightenment liberalism is “I may disagree with what you say, but I will defend to the death your right to say it.” We should be willing to fight to the death to thwart “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.”(1)

One should regard with utter disgust the manner in which the media are handling this, with headlines such as “Northam in Racist Photo: Refuses to Resign.”


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(1) John Stuart Mill, On Liberty
Society can and does execute its own mandates: 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. 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. There is a limit to the legitimate interference of collective opinion with individual independence; and to find that limit, and maintain it against encroachment, is as indispensable to a good condition of human affairs, as protection against political despotism.