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These Truths: A History of the United States (Jill Lepore) - 1 views

  • It was meant to mark the start of a new era, in which the course of history might be made predictable and a government established that would be ruled not by accident and force but by reason and choice. The origins of that idea, and its fate, are the story of American history.
  • It seems to have been reserved to the people of this country, 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 to depend for their political constitutions on accident and force.6 This was the question of that autumn. And, in a way, it has been the question of every season since,
  • I once came across a book called The Constitution Made Easy.7 The Constitution cannot be made easy. It was never meant to be easy.
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  • THE AMERICAN EXPERIMENT rests on three political ideas—“these truths,” Thomas Jefferson called them—political equality, natural rights, and the sovereignty of the people.
  • After Benjamin Franklin read Jefferson’s draft, he picked up his quill, scratched out the words “sacred & undeniable,” and suggested that “these truths” were, instead, “self-evident.” This was more than a quibble. Truths that are sacred and undeniable are God-given and divine, the stuff of religion. Truths that are self-evident are laws of nature, empirical and observable, the stuff of science. This divide has nearly rent the Republic apart.
  • The real dispute is between “these truths” and the course of events: Does American history prove these truths, or does it belie them?
  • The United States rests on a dedication to equality, which is chiefly a moral idea, rooted in Christianity, but it rests, too, on a dedication to inquiry, fearless and unflinching. Its founders agreed with the Scottish philosopher and historian David Hume, who wrote, in 1748, that “Records of Wars, Intrigues, Factions, and Revolutions are so many Collections of Experiments.”9 They believed that truth is to be found in ideas about morality but also in the study of history.
  • understanding history as a form of inquiry—not as something easy or comforting but as something demanding and exhausting—was central to the nation’s founding. This, too, was new.
  • A new kind of historical writing, less memorial and more unsettling, only first emerged in the fourteenth century. “History is a philosophical science,” the North African Muslim scholar Ibn Khaldun wrote in 1377, in the prologue to his history of the world, in which he defined history as the study “of the causes and origins of existing things.”11
  • Only by fits and starts did history become not merely a form of memory but also a form of investigation, to be disputed, like philosophy, its premises questioned, its evidence examined, its arguments countered.
  • Declaring independence was itself an argument about the relationship between the present and the past, an argument that required evidence of a very particular kind: historical evidence. That’s why most of the Declaration of Independence is a list of historical claims. “To prove this,” Jefferson wrote, “let facts be submitted to a candid world.”
  • In an attempt to solve this problem, the earliest historians of the United States decided to begin their accounts with Columbus’s voyage, stitching 1776 to 1492. George Bancroft published his History of the United States from the Discovery of the American Continent to the Present in 1834, when the nation was barely more than a half-century old, a fledgling, just hatched. By beginning with Columbus, Bancroft made the United States nearly three centuries older than it was, a many-feathered old bird.
  • In 1787, then, when Alexander Hamilton asked “whether societies of men are really capable or not of establishing good government from reflection and choice, or whether they are forever destined to depend for their political constitutions on accident and force,” that was the kind of question a scientist asks before beginning an experiment. Time alone would tell. But time has passed. The beginning has come to an end. What, then, is the verdict of history?
  • In deciding what to leave in and what to leave out, I’ve confined myself to what, in my view, a people constituted as a nation in the early twenty-first century need to know about their own past, mainly because this book is meant to double as an old-fashioned civics book, an explanation of the origins and ends of democratic institutions, from the town meeting to the party system, from the nominating convention to the secret ballot, from talk radio to Internet polls. This book is chiefly a political
  • Aside from being a brief history of the United States and a civics primer, this book aims to be something else, too: it’s an explanation of the nature of the past. History isn’t only a subject; it’s also a method.
  • The truths on which the nation was founded are not mysteries, articles of faith, never to be questioned, as if the founding were an act of God, but neither are they lies, all facts fictions, as if nothing can be known, in a world without truth.
  • Between reverence and worship, on the one side, and irreverence and contempt, on the other, lies an uneasy path, away from false pieties and petty triumphs over people who lived and died and committed both their acts of courage and their sins and errors long before we committed ours. “We cannot hallow this ground,” Lincoln said at Gettysburg. We are obliged, instead, to walk this ground, dedicating ourselves to both the living and the dead.
  • studying history is like that, looking into one face and seeing, behind it, another, face after face after face. “Know whence you came,” Baldwin told his nephew.17 The past is an inheritance, a gift and a burden. It can’t be shirked. You carry it everywhere. There’s nothing for it but to get to know it.
  • Nature takes one toll, malice another. History is the study of what remains, what’s left behind, which can be almost anything, so long as it survives the ravages of time and war: letters, diaries, DNA, gravestones, coins, television broadcasts, paintings, DVDs, viruses, abandoned Facebook pages, the transcripts of congressional hearings, the ruins of buildings. Some of these things are saved by chance or accident, like the one house that, as if by miracle, still stands after a hurricane razes a town. But most of what historians study survives because it was purposely kept—placed
  • As nation-states emerged, they needed to explain themselves, which they did by telling stories about their origins, tying together ribbons of myths, as if everyone in the “English nation,” for instance, had the same ancestors, when, of course, they did not. Very often, histories of nation-states are little more than myths that hide the seams that stitch the nation to the state.15
  • When the United States declared its independence in 1776, plainly, it was a state, but what made it a nation? The fiction that its people shared a common ancestry was absurd on its face; they came from all over, and, having waged a war against England, the very last thing they wanted to celebrate was their Englishness.
  • Facts, knowledge, experience, proof. These words come from the law. Around the seventeenth century, they moved into what was then called “natural history”: astronomy, physics, chemistry, geology. By the eighteenth century they were applied to history and to politics, too. These truths: this was the language of reason, of enlightenment, of inquiry, and of history.
  • Against conquest, slaughter, and slavery came the urgent and abiding question, “By what right?”
  • Yet the origins of the United States date to 1492 for another, more troubling reason: the nation’s founding truths were forged in a crucible of violence, the products of staggering cruelty, conquest and slaughter, the assassination of worlds.
  • Locke, spurred both by a growing commitment to religious toleration and by a desire to distinguish English settlement from Spanish conquest, stressed the lack of cultivation as a better justification for taking the natives’ land than religious difference, an emphasis with lasting consequences.
  • Unlike Polo and Mandeville, Columbus did not make a catalogue of the ways and beliefs of the people he met (only later did he hire Pané to do that). Instead, he decided that the people he met had no ways and beliefs. Every difference he saw as an absence.22 Insisting that they had no faith and no civil government and were therefore infidels and savages who could not rightfully own anything, he claimed possession of their land, by the act of writing. They were a people without truth; he would make his truth theirs. He would tell them where the dead go.
  • It became commonplace, inevitable, even, first among the Spanish, and then, in turn, among the French, the Dutch, and the English, to see their own prosperity and good health and the terrible sicknesses suffered by the natives as signs from God. “Touching these savages, there is a thing that I cannot omit to remark to you,” one French settler wrote: “it appears visibly that God wishes that they yield their place to new peoples.” Death convinced them at once of their right and of the truth of their faith. “The natives, they are all dead of small Poxe,” John Winthrop wrote when he arrived in New England in 1630: “the Lord hathe cleared our title to what we possess.”
  • In much of New Spain, the mixed-race children of Spanish men and Indian women, known as mestizos, outnumbered Indians; an intricate caste system marked gradations of skin color, mixtures of Europeans, Native Americans, and Africans, as if skin color were like dyes made of plants, the yellow of sassafras, the red of beets, the black of carob. Later, the English would recognize only black and white, a fantasy of stark and impossible difference, of nights without twilight and days without dawns. And yet both regimes of race, a culture of mixing or a culture of pretending not to mix, pressed upon the brows of every person of the least curiosity the question of common humanity: Are all peoples one?
  • Elizabeth’s best defender argued that if God decided “the female should rule and govern,” it didn’t matter that women were “weake in nature, feable in bodie, softe in courage,” because God would make every right ruler strong. In any case, England’s constitution abided by a “rule mixte,” in which the authority of the monarch was checked by the power of Parliament; also, “it is not she that ruleth but the lawes.” Elizabeth herself called on yet another authority: the favor of the people.48 A mixed constitution, the rule of law, the will of the people: these were English ideas that Americans would one day make their own, crying, “Liberty!”
  • In the brutal, bloody century between Columbus’s voyage and John White’s, an idea was born, out of fantasy, out of violence, the idea that there exists in the world a people who live in an actual Garden of Eden, a state of nature, before the giving of laws, before the forming of government. This imagined history of America became an English book of genesis, their new truth. “In the beginning,” the Englishman John Locke would write, “all the world was America.” In America, everything became a beginning.
  • England’s empire would have a different character than that of either Spain or France. Catholics could make converts by the act of baptism, but Protestants were supposed to teach converts to read the Bible; that meant permanent settlements, families, communities, schools, and churches. Also, England’s empire would be maritime—its navy was its greatest strength. It would be commercial. And, of greatest significance for the course of the nation that would grow out of those settlements, its colonists would be free men, not vassals, guaranteed their “English liberties.”
  • Beginning with the Virginia charter, the idea of English liberties for English subjects was planted on American soil and, with it, the king’s claim to dominion, a claim that rested on the idea that people like Powhatan and his people lived in darkness and without government, no matter that the English called their leaders kings.
  • Twenty Englishmen were elected to the House of Burgesses. Twenty Africans were condemned to the house of bondage. Another chapter opened in the American book of genesis: liberty and slavery became the American Abel and Cain.
  • To build his case against the king, Coke dusted off a copy of an ancient and almost entirely forgotten legal document, known as Magna Carta (literally, the “great charter”), in which, in the year 1215, King John had pledged to his barons that he would obey the “law of the land.” Magna Carta wasn’t nearly as important as Coke made it out to be, but by arguing for its importance, he made it important, not only for English history, but for American history, too, tying the political fate of everyone in England’s colonies to the strange doings of a very bad king from the Middle Ages.
  • Magna Carta explains a great deal about how it is that some English colonists would one day come to believe that their king had no right to rule them and why their descendants would come to believe that the United States needed a written constitution. But Magna Carta played one further pivotal role, the role it played in the history of truth—a history that had taken a different course in England than in any other part of Europe.
  • The most crucial right established under Magna Carta was the right to a trial by jury.
  • in 1215, the pope banned trial by ordeal. In Europe, it was replaced by a new system of divine judgment: judicial torture. But in England, where there existed a tradition of convening juries to judge civil disputes—like disagreements over boundaries between neighboring freeholds—trial by ordeal was replaced not by judicial torture but by trial by jury.
  • This turn marked the beginning of a new era in the history of knowledge: it required a new doctrine of evidence and new method of inquiry and eventually led to the idea that an observed or witnessed act or thing—the substance, the matter, of fact—is the basis of truth. A judge decided the law; a jury decided the facts. Mysteries were matters of faith, a different kind of truth, known only to God.
  • The age of mystery began to wane, and, soon, the culture of fact spread from law to government.
  • There would never be very many Africans in New England, but New Englanders would have slave plantations, on the distant shores. Nearly half of colonial New Englanders’ wealth would come from sugar grown by West Indian slaves.
  • One million Europeans migrated to British America between 1600 and 1800 and two and a half million Africans were carried there by force over that same stretch of centuries, on ships that sailed past one another by day and by night.42 Africans died faster, but as a population of migrants, they outnumbered Europeans two and a half to one.
  • In the last twenty-five years of the seventeenth century, English ships, piloted by English sea captains, crewed by English sailors, carried more than a quarter of a million men, women, and children across the ocean, shackled in ships’ holds.44 Theirs was not a ship of state crossing a sea of troubles, another Mayflower, their bond a covenant. Theirs was a ship of slavery, their bonds forged in fire. They whispered and wept; they screamed and sat in silence. They grew ill; they grieved; they died; they endured.
  • By what right did the English hold these people as their slaves?
  • Under Roman law, all men are born free and can only be made slaves by the law of nations, under certain narrow conditions—for instance, when they’re taken as prisoners of war, or when they sell themselves as payment of debt. Aristotle had disagreed with Roman law, insisting that some men are born slaves. Neither of these traditions from antiquity proved to be of much use to English colonists attempting to codify their right to own slaves, because laws governing slavery, like slavery itself, had disappeared from English common law by the fourteenth century. Said one Englishman in Barbados in 1661, there was “no track to guide us where to walk nor any rule sett us how to govern such Slaves.”46
  • With no track or rule to guide them, colonial assemblies adopted new practices and devised new laws with which they attempted to establish a divide between “blacks” and “whites.”
  • Adopting these practices and passing these laws required turning English law upside down, because much in existing English law undermined the claims of owners of people. In 1655, a Virginia woman with an African mother and an English father sued for her freedom by citing English common law, under which children’s status follows that of their father, not their mother. In 1662, Virginia’s House of Burgesses answered doubts about “whether children got by any Englishman upon a Negro woman should be slave or ffree” by reaching back to an archaic Roman rule, partus sequitur ventrem (you are what your mother was). Thereafter, any child born of a woman who was a slave inherited her condition.
  • By giving Americans a more ancient past, he hoped to make America’s founding appear inevitable and its growth inexorable, God-ordained. He also wanted to celebrate the United States, not as an offshoot of England, but instead as a pluralist and cosmopolitan nation, with ancestors all over the world.
  • No book should be censored before publication, Milton argued (though it might be condemned after printing), because truth could only be established if allowed to do battle with lies. “Let her and falsehood grapple,” he urged, since, “whoever knew Truth to be put to the worst in a free and open encounter?” This view depended on an understanding of the capacity of the people to reason. The people, Milton insisted, are not “slow and dull, but of a quick, ingenious and piercing spirit, acute to invent, subtle and sinewy to discourse, not beneath the reach of any point the highest that human capacity can soar to.”52
  • All men, Locke argued, are born equal, with a natural right to life, liberty, and property; to protect those rights, they erect governments by consent. Slavery, for Locke, was no part either of a state of nature or of civil society. Slavery was a matter of the law of nations, “nothing else, but the state of war continued, between a lawful conqueror and a captive.” To introduce slavery in the Carolinas, then, was to establish, as fundamental to the political order, an institution at variance with everything about how Locke understood civil society.
  • Long before shots were fired at Lexington and Concord, long before George Washington crossed the Delaware, long before American independence was thought of, or even thinkable, a revolutionary tradition was forged, not by the English in America, but by Indians waging wars and slaves waging rebellions. They revolted again and again and again. Their revolutions came in waves that lashed the land. They asked the same question, unrelentingly: By what right are we ruled?
  • Rebellion hardened lines between whites and blacks. Before Bacon and his men burned Jamestown, poor Englishmen had very little political power. As many as three out of every four Englishmen and women who sailed to the colonies were either debtors or convicts or indentured servants; they weren’t slaves, but neither were they free.61 Property requirements for voting meant that not all free white men could vote. Meanwhile, the fact that slaves could be manumitted by their masters meant that it was possible to be both black and free and white and unfree. But after Bacon’s Rebellion, free white men were granted the right to vote, and it became nearly impossible for black men and women to secure their freedom. By 1680, one observer could remark that “these two words, Negro and Slave” had “grown Homogeneous and convertible”: to be black was to be a slave.
  • Benjamin Franklin eventually settled in the tidy Quaker town of Philadelphia and began printing his own newspaper, the Pennsylvania Gazette, in 1729. In its pages, he fought for freedom of the press. In a Miltonian 1731 “Apology for Printers,” he observed “that the Opinions of Men are almost as various as their Faces” but that “Printers are educated in the Belief, that when Men differ in Opinion, both Sides ought equally to have the Advantage of being heard by the Publick; and that when Truth and Error have fair Play, the former is always an overmatch for the latter.”
  • But if the culture of the fact hadn’t yet spread to newspapers, it had spread to history. In Leviathan, Thomas Hobbes had written that “The register of Knowledge of Fact is called History.”74 One lesson Americans would learn from the facts of their own history had to do with the limits of the freedom of the press, and this was a fact on which they dwelled, and a liberty they grew determined to protect.
  • Slavery does not exist outside of politics. Slavery is a form of politics, and slave rebellion a form of violent political dissent. The Zenger trial and the New York slave conspiracy were much more than a dispute over freedom of the press and a foiled slave rebellion: they were part of a debate about the nature of political opposition, and together they established its limits. Both Cosby’s opponents and Caesar’s followers allegedly plotted to depose the governor. One kind of rebellion was celebrated, the other suppressed—a division that would endure.
  • In American history, the relationship between liberty and slavery is at once deep and dark: the threat of black rebellion gave a license to white political opposition.
  • This, too, represented a kind of revolution: Whitefield emphasized the divinity of ordinary people, at the expense of the authority of their ministers.
  • he wrote in 1751 an essay about the size of the population, called “Observations concerning the Increase of Mankind, Peopling of Countries, &c.”
  • Franklin guessed the population of the mainland colonies to be about “One Million English Souls,” and his calculations suggested that this number would double every twenty-five years. At that rate, in only a century, “the greatest Number of Englishmen will be on this Side the Water.” Franklin’s numbers were off; his estimates weren’t too high; they were too low. At the time, more than 1.5 million people lived in Britain’s thirteen mainland colonies. Those colonies were far more densely settled than New France or New Spain. Only 60,000 French settlers lived in Canada and 10,000 more in Louisiana. New Spain was even more thinly settled.
  • he wrote about a new race, a people who were “white.” “The Number of purely white People in the World is proportionably very small,” Franklin began. As he saw it, Africans were “black”; Asians and Native Americans were “tawny”; Spaniards, Italians, French, Russians, Swedes, and Germans were “swarthy.” That left very few people, and chiefly the English, as the only “white people” in the world. “I could wish their Numbers were increased,” Franklin said, adding, wonderingly, “But perhaps I am partial to the Complexion of my Country, for such Kind of Partiality is natural to Mankind.”
  • Franklin’s “JOIN, or DIE” did some of that, too: it offered a lesson about the rulers and the ruled, and the nature of political communities. It made a claim about the colonies: they were parts of a whole.
  • When Benjamin Franklin began writing his autobiography, in 1771, he turned the story of his own escape—running away from his apprenticeship to his brother James—into a metaphor for the colonies’ growing resentment of parliamentary rule. James’s “harsh and tyrannical Treatment,” Franklin wrote, had served as “a means of impressing me with that Aversion to arbitrary Power that has stuck to me thro’ my whole Life.”7 But that was also the story of every runaway slave ad, testament after testament to an aversion to arbitrary power.
  • The American Revolution did not begin in 1775 and it didn’t end when the war was over. “The success of Mr. Lay, in sowing the seeds of . . . a revolution in morals, commerce, and government, in the new and in the old world, should teach the benefactors of mankind not to despair, if they do not see the fruits of their benevolent propositions, or undertakings, during their lives,” Philadelphia doctor Benjamin Rush later wrote.
  • There were not one but two American revolutions at the end of the eighteenth century: the struggle for independence from Britain, and the struggle to end slavery. Only one was won.
  • The Revolution was at its most radical in the challenge it presented to the institution of slavery and at its most conservative in its failure to meet that challenge. Still, the institution had begun to break, like a pane of glass streaked with cracks but not yet shattered.
  • “I wish our Poor Distracted State would atend to the many good Lessons” of history, Jane Franklin wrote to her brother, and not “keep always in a Flame.”21
  • After Annapolis, Madison went home to Virginia and resumed his course of study. In April of 1787, he drafted an essay called “Vices of the Political System of the United States.” It took the form of a list of eleven deficiencies,
  • it closed with a list of causes for these vices, which he located primarily “in the people themselves.” By this last he meant the danger that a majority posed to a minority: “In republican Government the majority however composed, ultimately give the law. Whenever therefore an apparent interest or common passion unites a majority what is to restrain them from unjust violations of the rights and interests of the minority, or of individuals?”27 What force restrains good men from doing bad things? Honesty, character, religion—these, history demonstrated, were not to be relied upon. No, the only force that could restrain the tyranny of the people was the force of a well-constructed constitution. It would have to be as finely wrought as an iron gate.
  • At the convention, it proved impossible to set the matter of slavery aside, both because the question of representation turned on it and because any understanding of the nature of tyranny rested on it. When Madison argued about the inevitability of a majority oppressing a minority, he cited ancient history, and told of how the rich oppressed the poor in Greece and Rome. But he cited, too, modern American history. “We have seen the mere distinction of color made in the most enlightened period of time, the ground of the most oppressive dominion ever exercised by man over man.”40
  • If not for the three-fifths rule, the representatives of free states would have outnumbered representatives of slave states by 57 to 33.44
  • Wilson, half Franklin’s age, read his remarks instead. “Mr. President,” he began, addressing Washington, “I confess that there are several parts of this constitution which I do not at present approve, but I am not sure I shall never approve them.” He suggested that he might, one day, change his mind. “For having lived long, I have experienced many instances of being obliged by better information, or fuller consideration, to change opinions even on important subjects, which I once thought right, but found to be otherwise. It is therefore that the older I grow, the more apt I am to doubt my own judgment, and to pay more respect to the judgment of others.” Hoping to pry open the minds of delegates who were closed to the compromise before them, he reminded them of the cost of zealotry. “Most men indeed as well as most sects in Religion, think themselves in possession of all truth, and that wherever others differ from them it is so far error.” But wasn’t humility the best course, in such circumstances? “Thus I consent, Sir, to this Constitution,” he closed, “because I expect no better, and because I am not sure, that it is not the best.”
  • Except for the Massachusetts Constitution, in 1780, and the second New Hampshire Constitution, in 1784, no constitution, no written system of government, had ever before been submitted to the people for their approval. “This is a new event in the history of mankind,” said the governor of Connecticut at his state’s ratification convention.
  • Nearly everything Washington did set a precedent. What would have happened if he had decided, before taking that oath of office, to emancipate his slaves? He’d grown disillusioned with slavery; his own slaves, and the greater number of slaves owned by his wife, were, to him, a moral burden, and he understood very well that for all the wealth generated by forced, unpaid labor, the institution of slavery was a moral burden to the nation. There is some evidence—slight though it is—that Washington drafted a statement announcing that he intended to emancipate his slaves before assuming the presidency. (Or maybe that statement, like Washington’s inaugural address, had been written by Hamilton, a member of New York’s Manumission Society.) This, too, Washington understood, would have established a precedent: every president after him would have had to emancipate his slaves. And yet he would not, could not, do it.65 Few of Washington’s decisions would have such lasting and terrible consequences as this one failure to act.
  • In the century and a half between the Connecticut charter and the 1787 meeting of the constitutional convention lies an entire revolution—not just a political revolution but also a religious revolution. So far from establishing a religion, the Constitution doesn’t even mention “God,” except in naming the date (“the year of our Lord . . .”). At a time when all but two states required religious tests for office, the Constitution prohibited them. At a time when all but three states still had an official religion, the Bill of Rights forbade the federal government from establishing one. Most Americans believed, with Madison, that religion can only thrive if it is no part of government, and that a free government can only thrive if it is no part of religion.
  • The replacement of debtors’ prison with bankruptcy protection would change the nature of the American economy, spurring investment, speculation, and the taking of risks.
  • as early as 1791, Madison had begun to revise his thinking. In an essay called “Public Opinion,” he considered a source of instability particular to a large republic: the people might be deceived. “The larger a country, the less easy for its real opinion to be ascertained,” he explained. That is, factions might not, in the end, consist of wise, knowledgeable, and reasonable men. They might consist of passionate, ignorant, and irrational men, who had been led to hold “counterfeit” opinions by persuasive men. (Madison was thinking of Hamilton and his ability to gain public support for his financial plan.)
  • The way out of this political maze was the newspaper. “A circulation of newspapers through the entire body of the people,” he explained, “is equivalent to a contraction of territorial limits.” Newspapers would make the country, effectively, smaller.90 It was an ingenious idea. It would be revisited by each passing generation of exasperated advocates of republicanism. The newspaper would hold the Republic together; the telegraph would hold the Republic together; the radio would hold the Republic together; the Internet would hold the Republic together. Each time, this assertion would be both right and terribly wrong.
  • Newspapers in the early republic weren’t incidentally or inadvertently partisan; they were entirely and enthusiastically partisan. They weren’t especially interested in establishing facts; they were interested in staging a battle of opinions. “Professions of impartiality I shall make none,” wrote a Federalist printer. “They are always useless, and are besides perfect nonsense.”92
  • Washington’s Farewell Address consists of a series of warnings about the danger of disunion. The North and the South, the East and the West, ought not to consider their interests separate or competing, Washington urged: “your union ought to be considered as a main prop of your liberty.” Parties, he warned, were the “worst enemy” of every government, agitating “the community with ill-founded jealousies and false alarms,” kindling “the animosity of one part against another,” and even fomenting “riot and insurrection.”
  • As to the size of the Republic, “Is there a doubt whether a common government can embrace so large a sphere? Let experience solve it.” The American experiment must go on. But it could only thrive if the citizens were supported by religion and morality, and if they were well educated. “Promote, then, as an object of primary importance, institutions for the general diffusion of knowledge,” he urged. “In proportion as the structure of a government gives force to public opinion, it is essential that public opinion should be enlightened.”95
  • “Passion” or variants of the word appear seven times in the Farewell; it is the source of every problem; reason is its only remedy. Passion is a river. There would be no changing its course.
  • Adams and Jefferson lived in an age of quantification. It began with the measurement of time. Time used to be a wheel that turned, and turned again; during the scientific revolution, time became a line. Time, the easiest quantity to measure, became the engine of every empirical inquiry: an axis, an arrow. This new use and understanding of time contributed to the idea of progress—if time is a line instead of a circle, things can get better and even better, instead of forever rising and falling in endless cycles, like the seasons. The idea of progress animated American independence and animated, too, the advance of capitalism.
  • The quantification of time led to the quantification of everything else: the counting of people, the measurement of their labor, and the calculation of profit as a function of time. Keeping time and accumulating wealth earned a certain equivalency. “Time is money,” Benjamin Franklin used to say.
  • The two-party system turned out to be essential to the strength of the Republic. A stable party system organizes dissent. It turns discontent into a public good. And it insures the peaceful transfer of power, in which the losing party willingly, and without hesitation, surrenders its power to the winning party.
  • Behind Madison’s remarks about “lessening the proportion of slaves to the free people,” behind Jefferson’s tortured calculations about how many generations would have to pass before his own children could pass for “white,” lay this hard truth: none of these men could imagine living with descendants of Africans as political equals.
  • If the battle between John Adams and Thomas Jefferson had determined whether aristocracy or republicanism would prevail (and, with Jefferson, republicanism won), the battle between Andrew Jackson and John Quincy Adams would determine whether republicanism or democracy would prevail (and, with Jackson, democracy would, eventually, win). Jackson’s rise to power marked the birth of American populism. The argument of populism is that the best government is that most closely directed by a popular majority.
  • He was provincial, and poorly educated. (Later, when Harvard gave Jackson an honorary doctorate, John Quincy Adams refused to attend the ceremony, calling him “a barbarian who could not write a sentence of grammar and hardly could spell his own name.”)68 He had a well-earned reputation for being ferocious, ill-humored, and murderous, on the battlefield and off. When he ran for president, he had served less than a year in the Senate. Of his bid for the White House Jefferson declared, “He is one of the most unfit men I know of for such a place.”69 Jackson made a devilishly shrewd decision. He would make his lack of certain qualities—judiciousness, education, political experience—into strengths.
  • Eaton, who ran Jackson’s campaign, shrewdly revised his Life of Andrew Jackson, deleting or dismissing everything in Jackson’s past that looked bad and lavishing attention on anything that looked good and turning into strengths what earlier had been considered weaknesses: Eaton’s Jackson wasn’t uneducated; he was self-taught. He wasn’t ill-bred; he was “self-made.”
  • Watching the rise of American democracy, an aging political elite despaired, and feared that the Republic could not survive the rule of the people. Wrote John Randolph of Virginia, “The country is ruined past redemption.”
  • “The first principle of our system,” Jackson said, “is that the majority is to govern.” He bowed to the people. Then, all at once, the people nearly crushed him with their affection.
  • The democratization of American politics was hastened by revivalists like Stewart who believed in the salvation of the individual through good works and in the equality of all people in the eyes of God. Against that belief stood the stark and brutal realities of an industrializing age, the grinding of souls.
  • The great debates of the middle decades of the nineteenth century had to do with the soul and the machine. One debate merged religion and politics. What were the political consequences of the idea of the equality of souls? Could the soul of America be redeemed from the nation’s original sin, the Constitution’s sanctioning of slavery?
  • Another debate merged politics and technology. Could the nation’s new democratic traditions survive in the age of the factory, the railroad, and the telegraph? If all events in time can be explained by earlier events in time, if history is a line, and not a circle, then the course of events—change over time—is governed by a set of laws, like the laws of physics, and driven by a force, like gravity. What is that force? Is change driven by God, by people, or by machines? Is progress the progress of Pilgrim’s Progress, John Bunyan’s 1678 allegory—the journey of a Christian from sin to salvation? Is progress the extension of suffrage, the spread of democracy? Or is progress invention, the invention of new machines?
  • A distinctively American idea of progress involved geography as destiny, picturing improvement as change not only over time but also over space.
  • If the sincerity of converts was often dubious, another kind of faith was taking deeper root in the 1820s, an evangelical faith in technological progress, an unquestioning conviction that each new machine was making the world better. That faith had a special place in the United States, as if machines had a distinctive destiny on the American continent. In prints and paintings, “Progress” appeared as a steam-powered locomotive, chugging across the continent, unstoppable. Writers celebrated inventors as “Men of Progress” and “Conquerors of Nature” and lauded their machines as far worthier than poetry. The triumph of the sciences over the arts meant the defeat of the ancients by the moderns. The genius of Eli Whitney, hero of modernity, was said to rival that of Shakespeare; the head of the U.S. Patent Office declared the steamboat “a mightier epic” than the Iliad.18
  • To Jackson’s supporters, his election marked not degeneration but a new stage in the history of progress. Nowhere was this argument made more forcefully, or more influentially, than in George Bancroft’s History of the United States from the Discovery of the American Continent to the Present. The book itself, reviewers noted, voted for Jackson. The spread of evangelical Christianity, the invention of new machines, and the rise of American democracy convinced Bancroft that “humanism is steady advancing,” and that “the advance of liberty and justice is certain.” That advance, men like Bancroft and Jackson believed, required Americans to march across the continent, to carry these improvements from east to west, the way Jefferson had pictured it. Democracy, John O’Sullivan, a New York lawyer and Democratic editor, argued in 1839, is nothing more or less than “Christianity in its earthly aspect.” O’Sullivan would later coin the term “manifest destiny” to describe this set of beliefs, the idea that the people of the United States were fated “to over spread and to possess the whole of the continent which Providence has given for the development of the great experiment of liberty.”23
  • To evangelical Democrats, Democracy, Christianity, and technology were levers of the same machine. And yet, all along, there were critics and dissenters and objectors who saw, in the soul of the people, in the march of progress, in the unending chain of machines, in the seeming forward movement of history, little but violence and backwardness and a great crushing of men, women, and children. “Oh, America, America,” Maria Stewart cried, “foul and indelible is thy stain!”24
  • The self-evident, secular truths of the Declaration of Independence became, to evangelical Americans, the truths of revealed religion. To say that this marked a turn away from the spirit of the nation’s founding is to wildly understate the case. The United States was founded during the most secular era in American history, either before or since. In the late eighteenth century, church membership was low, and anticlerical feeling was high.
  • The United States was not founded as a Christian nation. The Constitution prohibits religious tests for officeholders. The Bill of Rights forbids the federal government from establishing a religion, James Madison having argued that to establish
  • The separation of church and state allowed religion to thrive; that was one of its intentions. Lacking an established state religion, Americans founded new sects, from Shakers to Mormons, and rival Protestant denominations sprung up in town after town. Increasingly, the only unifying, national religion was a civil religion, a belief in the American creed. This faith bound the nation together, and provided extraordinary political stability in an era of astonishing change,
  • Slavery wasn’t an aberration in an industrializing economy; slavery was its engine. Factories had mechanical slaves; plantations had human slaves. The power of machines was measured by horsepower, the power of slaves by hand power. A healthy man counted as “two hands,” a nursing woman as a “half-hand,” a child as a “quarter-hand.”
  • With Walker, the antislavery argument for gradual emancipation, with compensation for slave owners, became untenable. Abolitionists began arguing for immediate emancipation. And southern antislavery societies shut their doors. As late as 1827, the number of antislavery groups in the South had outnumbered those in the North by more than four to one. Southern antislavery activists were usually supporters of colonization, not of emancipation. Walker’s Appeal ended the antislavery movement in the South and radicalized it in the North.
  • The rebellion rippled across the Union. The Virginia legislature debated the possibility of emancipating its slaves, fearing “a Nat Turner might be in every family.” Quakers submitted a petition to the state legislature calling for abolition. The petition was referred to a committee, headed by Thomas Jefferson’s thirty-nine-year-old grandson, Thomas Jefferson Randolph, who proposed a scheme of gradual emancipation. Instead, the legislature passed new laws banning the teaching of slaves to read and write, and prohibiting, too, teaching slaves about the Bible.43 In a nation founded on a written Declaration, made sacred by evangelicals during a religious revival, reading about equality became a crime.
  • One consequence of the rise of Jacksonian democracy and the Second Great Awakening was the participation of women in the reformation of American politics by way of American morals. When suffrage was stripped of all property qualifications, women’s lack of political power became starkly obvious. For women who wished to exercise power, the only source of power seemingly left to them was their role as mothers, which, they suggested, rendered them morally superior to men—more loving, more caring, and more responsive to the cries of the weak.
  • Purporting to act less as citizens than as mothers, cultivating the notion of “republican motherhood,” women formed temperance societies, charitable aid societies, peace societies, vegetarian societies, and abolition societies. The first Female Anti-Slavery Society was founded in Boston in 1833; by 1837, 139 Female Anti-Slavery Societies had been founded across the country,
  • After 1835, she never again spoke in public. As Catherine Beecher argued in 1837, in An Essay on Slavery and Abolitionism, with Reference to the Duty of American Females, “If the female advocate chooses to come upon a stage, and expose her person, dress, and elocution to public criticism, it is right to express disgust.”
  • Jacksonian democracy distributed political power to the many, but industrialization consolidated economic power in the hands of a few. In Boston, the top 1 percent of the population controlled 10 percent of wealth in 1689, 16 percent in 1771, 33 percent in 1833, and 37 percent in 1848, while the lowest 80 percent of the population controlled 39 percent of the wealth in 1689, 29 percent in 1771, 14 percent in 1833, and a mere 4 percent in 1848.
  • In New York, the top 1 percent of the population controlled 40 percent of the wealth in 1828 and 50 percent in 1845; the top 4 percent of the population controlled 63 percent of the wealth in 1828 and 80 percent in 1845.49
  • While two and a half million Europeans had migrated to all of the Americas between 1500 and 1800, the same number—two and a half million—arrived specifically in the United States between 1845 and 1854 alone. As a proportion of the U.S. population, European immigrants grew from 1.6 percent in the 1820s to 11.2 percent in 1860. Writing in 1837, one Michigan reformer called the nation’s rate of immigration “the boldest experiment upon the stability of government ever made in the annals of time.”51 The largest
  • Critics of Jackson—himself the son of Irish immigrants—had blamed his election on the rising population of poor, newly enfranchised Irishmen. “Everything in the shape of an Irishman was drummed to the polls,” one newspaper editor wrote in 1828.52 By 1860, more than one in eight Americans were born in Europe, including 1.6 million Irish and 1.2 million Germans, the majority of whom were Catholic. As the flood of immigrants swelled, the force of nativism gained strength, as did hostility toward Catholics, fueled by the animus of evangelical Protestants.
  • The insularity of both Irish and German communities contributed to a growing movement to establish tax-supported public elementary schools, known as “common schools,” meant to provide a common academic and civic education to all classes of Americans. Like the extension of suffrage to all white men, this element of the American experiment propelled the United States ahead of European nations. Much of the movement’s strength came from the fervor of revivalists. They hoped that these new schools would assimilate a diverse population of native-born and foreign-born citizens by introducing them to the traditions of American culture and government, so that boys, once men, would vote wisely, and girls, once women, would raise virtuous children. “It is our duty to make men moral,” read one popular teachers’ manual, published in 1830. Other advocates hoped that a shared education would diminish partisanship. Whatever the motives of its advocates, the common school movement emerged out of, and nurtured, a strong civic culture.56
  • With free schools, literacy spread, and the number of newspapers rose, a change that was tied to the rise of a new party system. Parties come and go, but a party system—a stable pair of parties—has characterized American politics since the ratification debates. In American history the change from one party system to another has nearly always been associated with a revolution in communications that allows the people to shake loose of the control of parties. In the 1790s, during the rise of the first party system, which pitted Federalists against Republicans, the number of newspapers had swelled. During the shift to the second party system, which, beginning in 1833, pitted Democrats against the newly founded Whig Party, not only did the number of newspapers rise, but their prices plummeted.
  • The newspapers of the first party system, which were also known as “commercial advertisers,” had consisted chiefly of partisan commentary and ads, and generally sold for six cents an issue. The new papers cost only one cent, and were far more widely read. The rise of the so-called penny press also marked the beginning of the triumph of “facts” over “opinion” in American journalism, mainly because the penny press aimed at a different, broader, and less exclusively partisan, audience. The New York Sun appeared in 1833. “It shines for all” was its common-man motto. “The object of this paper is to lay before the public, at a price within the means of everyone, ALL THE NEWS OF THE DAY,” it boasted. It dispensed with subscriptions and instead was circulated at newsstands, where it was sold for cash, to anyone who had a ready penny. Its front page was filled not with advertising but with news. The penny press was a “free press,” as James Gordon Bennett of the New York Herald put it, because it wasn’t beholden to parties. (Bennett, born in Scotland, had immigrated to the United States after reading Benjamin Franklin’s Autobiography.) Since the paper was sold at newsstands, rather than mailed to subscribers, he explained, its editors and writers were “entirely ignorant who are its readers and who are not.” They couldn’t favor their readers’ politics because they didn’t know them. “We shall support no party,” Bennett insisted. “We shall endeavor to record facts.”
  • During the days of the penny press, Tocqueville observed that Americans had a decided preference for weighing the facts of a matter themselves: They mistrust systems; they adhere closely to facts and study facts with their own senses. As they do not easily defer to the mere name of any fellow man, they are never inclined to rest upon any man’s authority; but, on the contrary, they are unremitting in their efforts to find out the weaker points of their neighbor’s doctrine.60
  • For centuries, Europeans had based their claims to lands in the New World on arguments that native peoples had no right to the land they inhabited, no sovereignty over it, because they had no religion, or because they had no government, or because they had no system of writing. The Cherokees, with deliberation and purpose, challenged each of these arguments.
  • Britain, Calhoun argued that if a state were to decide that a law passed by Congress was unconstitutional, the Constitution would have to be amended, and if such an amendment were not ratified—if it didn’t earn the necessary approval of three-quarters of the states—the objecting state would have the right to secede from the Union. The states had been sovereign before the Constitution was ever written, or even thought of, Calhoun argued, and they remained sovereign. Calhoun also therefore argued against majority rule; nullification is fundamentally anti-majoritarian. If states can secede, the majority does not rule.78 The nullification crisis was
  • New York abolished debtors’ prison in 1831, and in 1841, Congress passed a federal law offering bankruptcy protection to everyone. Within two years, 41,000 Americans had filed for bankruptcy. Two years later, the law was repealed, but state laws continued to offer bankruptcy protection and, still more significantly, debtors’ prisons were gone for good. In Britain and all of Europe except Portugal, offenders were still being thrown in debtors’ prison (a plot that animated many a nineteenth-century novel); in the United States, debtors could declare bankruptcy and begin again.
  • A nation of debtors, Americans came to see that most people who fall into debt are victims of the business cycle and not of fate or divine retribution or the wheel of fortune. The nation’s bankruptcy laws, even as they came and went again, made taking risks less risky for everyone, which meant that everyone took more risks.
  • the geographical vastness of the United States meant that the anxiety about the machinery of industrial capitalism took the form not of Marxism, with its argument that “the history of all hitherto existing society is the history of class struggles,” but instead of a romance with nature, and with the land, and with all things rustic. Against the factory, Americans posed not a socialist utopia but the log cabin.
  • Were all these vast designs and rapid strides worth it? Thoreau thought not. He came to this truth: “They are but improved means to an unimproved end.”112
  • Expansion, even more than abolition, pressed upon the public the question of the constitutionality of slavery. How or even whether this crisis would be resolved was difficult to see not only because of the nature of the dispute but also because there existed very little agreement about who might resolve it: Who was to decide whether a federal law was unconstitutional?
  • In the midst of all this clamoring among the thundering white-haired patriarchs of American politics, there emerged the idea that the authority to interpret the Constitution rests with the people themselves. Or, at least, this became a rather fashionable thing to say. “It is, Sir, the people’s Constitution, the people’s government, made for the people, made by the people, and answerable to the people,” Daniel Webster roared from the floor of Congress.14 Every man could read and understand the Constitution, Webster insisted.
  • The Notes, it appeared, could be read as variously as the Constitution itself. As one shrewd observer remarked, “The Constitution threatens to be a subject of infinite sects, like the Bible.” And, as with many sects, those politicians who most strenuously staked their arguments on the Constitution often appeared the least acquainted with it. Remarked New York governor Silas Wright, “No one familiar with the affairs of our government, can have failed to notice how large a proportion of our statesmen appear never to have read the Constitution of the United States with a careful reference to its precise language and exact provisions, but rather, as occasion presents, seem to exercise their ingenuity . . . to stretch both to the line of what they, at the moment, consider expedient.”22
  • A NATION HAS borders but the edges of an empire are frayed.23 While abolitionists damned the annexation of Texas as an extension of the slave power, more critics called it an act of imperialism, inconsistent with a republican form of government. “We have a republic, gentlemen, of vast extent and unequalled natural advantages,” Daniel Webster pointed out. “Instead of aiming to enlarge its boundaries, let us seek, rather, to strengthen its union.”24 Webster lost that argument, and, in the end, it was the American reach for empire that, by sundering the Union, brought about the collapse of slavery.
  • Although hardly ever reported in the press, the years between 1830 and 1860 saw more than one hundred incidents of violence between congressmen, from melees in the aisles to mass brawls on the floor, from fistfights and duels to street fights. “It is the game of these men, and of their profligate organs,” Dickens wrote, “to make the strife of politics so fierce and brutal, and so destructive of all self-respect in worthy men, that sensitive and delicate-minded persons shall be kept aloof, and they, and such as they, be left to battle out their selfish views unchecked.”
  • They spat venom. They pulled guns. They unsheathed knives. Divisions of party were abandoned; the splinter in Congress was sectional. Before heading to the Capitol every morning, southern congressmen strapped bowie knives to their belts and tucked pistols into their pockets. Northerners, on principle, came unarmed. When northerners talked about the slave power, they meant that literally.32
  • If the United States were to acquire territory from Mexico, and if this territory were to enter the Union, would Mexicans become American citizens? Calhoun, now in the Senate, vehemently opposed this idea. “I protest against the incorporation of such a people,” he declared. “Ours is the government of the white man.”
  • And yet, as different as were Wilmot’s interests from Calhoun’s, they were both interested in the rights of white men, as Wilmot made plain. “I plead the cause of the rights of white freemen,” he said. “I would preserve for free white labor a fair country, a rich inheritance, where the sons of toil, of my own race and own color, can live without the disgrace which association with negro slavery brings upon free labor.”
  • If the problem was the size of the Republic, the sprawl of its borders, the frayed edges of empire, couldn’t railroads, and especially the telegraph, tie the Republic together? “Doubt has been entertained by many patriotic minds how far the rapid, full, and thorough intercommunication of thought and intelligence, so necessary to the people living under a common representative republic, could be expected to take place throughout such immense bounds,” said one House member in 1845, but “that doubt can no longer exist.”45
  • even Americans with an unflinching faith in machine-driven progress understood that a pulse along a wire could not stop the slow but steady dissolution of the Union.
  • the Treaty of Guadalupe Hidalgo, under which the top half of Mexico became the bottom third of the United States. The gain to the United States was as great as the loss to Mexico. In 1820, the United States of America had spanned 1.8 million square miles, with a population of 9.6 million people; Mexico had spanned 1.7 million square miles, with a population of 6.5 million people. By 1850, the United States had acquired one million square miles of Mexico, and its population had grown to 23.2 million; Mexico’s population was 7.5 million.49
  • The Louisiana Purchase had doubled the size of the United States. In gaining territory from Mexico, the United States grew by 64 percent.
  • the territory comprising the United States had grown to “nearly ten times as large as the whole of France and Great Britain combined; three times as large as the whole of France, Britain, Austria, Prussia, Spain, Portugal, Belgium, Holland, and Denmark, together; one-and-a-half times as large as the Russian empire in Europe; one-sixth less only than the area covered by the fifty-nine or sixty empires, states, and Republics of Europe; of equal extent with the Roman Empire or that of Alexander, neither of which is said to have exceeded 3,000,000 square miles.”50
  • Sentiment was not Fuller’s way; debate was her way. She was a scourge of lesser intellects. Edgar Allan Poe, whose work she did not admire, described her as wearing a perpetual sneer. In “The Great Lawsuit: Man versus Men, Woman versus Women,” Fuller argued that the democratization of American politics had cast light on the tyranny of men over women: “As men become aware that all men have not had their fair chance,” she observed, women had become willing to say “that no women have had a fair chance.”
  • In 1845, in Woman in the Nineteenth Century, Fuller argued for fundamental and complete equality: “We would have every path laid open to Woman as freely as to Man.”56 The book was wildly successful, and Greeley, who had taken to greeting Fuller with one of her catchphrases about women’s capacity—“Let them be sea-captains, if you will”—sent her to Europe to become his newspaper’s foreign correspondent.
  • Reeling from those revolutions, the king of Bavaria asked the historian Leopold von Ranke to explain why his people had rebelled against monarchial rule, as had so many peoples in Europe that year. “Ideas spread most rapidly when they have found adequate concrete expression,” Ranke told the king, and the United States had “introduced a new force in the world,” the idea that “the nation should govern itself,” an idea that would determine “the course of the modern world”: free speech, spread by wire, would make the whole world free.61
  • Unlike Thoreau, who cursed the railroads, Free-Soilers believed in improvement, improvement through the hard work of the laboring man, his power, his energy. “Our paupers to-day, thanks to free labor, are our yeoman and merchants of tomorrow,” the New York Times boasted. “Why, who are the laboring people of the North?” Daniel Webster asked. “They are the whole North. They are the people who till their own farms with their own hands, freeholders, educated men, independent men.”
  • This attack by northerners led southerners to greater exertions in defending their way of life. They battled on several fronts. They described northern “wage slavery” as a far more exploitative system of labor than slavery. They celebrated slavery as fundamental to American prosperity. Slavery “has grown with our growth, and strengthened with our strength,” Calhoun said. And they elaborated an increasingly virulent ideology of racial difference, arguing against the very idea of equality embodied in the American creed.
  • Conservative Virginian George Fitzhugh, himself inspired by ethnological thinking, dismissed the “self-evident truths” of the Declaration of Independence as utter nonsense. “Men are not born physically, morally, or intellectually equal,” he wrote. “It would be far nearer the truth to say, ‘that some were born with saddles on their backs, and others booted and spurred to ride them,’—and the riding does them good.”
  • For Fitzhugh, the error had begun in the imaginations of the philosophes of the Enlightenment and in their denial of the reality of history. Life and liberty are not “inalienable rights,” Fitzhugh argued: instead, people “have been sold in all countries, and in all ages, and must be sold so long as human nature lasts.” Equality means calamity: “Subordination, difference of caste and classes, difference of sex, age, and slavery beget peace and good will.”
  • Progress is an illusion: “the world has not improved in the last two thousand, probably four thousand years.” Perfection is to be found in the past, not in the future.66 As for the economic systems of the North and the South, “Free laborers have not a thousandth part of the rights and liberties of negro slaves,” Fitzhugh insisted. “The negro slaves of the South are the happiest, and, in some sense, the freest people in the world.”67
  • HISTORY TEEMS WITH mishaps and might-have-beens: explosions on the Potomac, storms not far from port, narrowly contested elections, court cases lost and won, political visionaries drowned. But over the United States in the 1850s, a sense of inevitability fell, as if there were a fate, a dismal dismantlement, that no series of events or accidents could thwart.
  • over the United States in the 1850s, a sense of inevitability fell, as if there were a fate, a dismal dismantlement, that no series of events or accidents could thwart.
  • Douglas promoted the idea of popular sovereignty, proclaiming, “If there is any one principle dearer and more sacred than all others in free governments, it is that which asserts the exclusive right of a free people to form and adopt their own fundamental law.”75 Unfree people, within Stephen Douglas’s understanding, had no such rights.
  • the Fugitive Slave Law, required citizens to turn in runaway slaves and denied fugitives the right to a jury trial. The law, said Harriet Jacobs, a fugitive slave living in New York, marked “the beginning of a reign of terror to the colored population.”76 Bounty hunters and slave catchers hunted down and captured former slaves and returned them to their owners for a fee. Little stopped them from seizing men, women, and children who had been born free, or who had been legally emancipated, and selling them to the South, too. Nothing so brutally exposed the fragility of freedom or the rapaciousness of slavery.
  • February 1854, at their convention in Philadelphia, northern Know-Nothings proposed a platform plank calling for the reinstatement of the Missouri Compromise. When that motion was rejected, some fifty delegates from eight northern states bolted: they left the convention, and the party, to set up their own party, the short-lived North American Party. Nativism would endure as a force in American politics, but, meanwhile, nativists split over slavery.
  • Lincoln’s was the language of free soil, free speech, and free labor. He grounded his argument against slavery in his understanding of American history, in the language of Frederick Douglass, and in his reading of the Constitution. “Let no one be deceived,” he said. “The spirit of seventy-six and the spirit of Nebraska, are utter antagonisms.”
  • As a nation, we began by declaring that “all men are created equal.” We now practically read it “all men are created equal, except negroes.” When the Know-Nothings get control, it will read “all men are created equal, except negroes, and foreigners, and Catholics.” When it comes to this I should prefer emigrating to some country where they make no pretense of loving liberty—to Russia, for instance, where despotism can be taken pure, and without the base alloy of hypocrisy.
  • “That negroes, whether slave or free, that is, men of the African race, are not citizens of the United States by the Constitution.” The implications of the ruling stunned his readers. Even Americans who held no strong views on the question of slavery—and they were rare enough—were nonetheless shocked by the court’s exercise of the authority to determine the unconstitutionality of the law.
  • “A large meeting of colored people” was held in Philadelphia in April, at which it was resolved that “the only duty the colored man owes to a Constitution under which he is declared to be an inferior and degraded being, having no rights which white men are bound to respect, is to denounce and repudiate it, and to do what he can by all proper means to bring it into contempt.”
  • “You may close your Supreme Court against the black man’s cry for justice, but you cannot, thank God, close against him the ear of a sympathising world, nor shut up the Court of Heaven.” Taney’s interpretation of the Constitution would be ignored, Douglass predicted. “Slavery lives in this country not because of any paper Constitution, but in the moral blindness of the American people.”102
  • APHOTOGRAPH STOPS TIME, TRAPPING IT LIKE A BUTTERFLY in a jar.
  • No other kind of historical evidence has this quality of instantaneity, of an impression taken in a moment, in a flicker, an eye opened and then shut. Photographs also capture the ordinary, the humble, the speechless. The camera discriminates between light and dark but not between the rich and the poor, the literate and the illiterate, the noisy and the quiet.
  • portraits were also closely associated with death, with being trapped in time, on glass, for eternity, and, even more poignantly, with equality.3 With photography, Walt Whitman predicted, “Art will be democratized.”
  • Morse had long predicted that the telegraph would usher in an age of world peace. “I trust that one of its effects will be to bind man to his fellow-man in such bonds of amity as to put an end to war,” he insisted.8 War was a failure of technology, Morse argued, a shortcoming of communication that could be remedied by way of a machine. Endowing his work with the grandest of purposes, he believed that the laying of telegraph wires across the American continent would bind the nation together into one people, and that the laying of cable across the ocean would bind Europe to the Americas, ushering in the dawn of an age of global harmony.
  • But war isn’t a failure of technology; it’s a failure of politics.
  • Debate is to war what trial by jury is to trial by combat: a way to settle a dispute without coming to blows. The form and its rules had been established over centuries. They derived from rules used in the courts and in Parliament, and even from the rules of rhetoric used in the writing of poetry. Since the Middle Ages and the founding of the first universities, debate had been the foundation of a liberal arts education.
  • (Etymologically and historically, the artes liberales are the arts acquired by people who are free, or liber.)10 In the eighteenth century, debate was understood as the foundation of civil society. In 1787, delegates to the constitutional convention had agreed to “to argue without asperity, and to endeavor to convince the judgment without hurting the feelings of each other.”
  • Some twelve thousand people showed up for their first debate, at two o’clock in the afternoon on August 21, in Ottawa, Illinois. There were no seats; the audience stood, without relief, for three hours.
  • They’d agreed to strict rules: the first speaker would speak for an hour and the second for an hour and a half, whereupon the first speaker would offer a thirty-minute rebuttal.
  • And, as to the wrongness of slavery, he called it tyranny, and the idea of its naturalness as much an error as a belief in the divine right of kings. The question wasn’t sectionalism or nationalism, the Democratic Party or the Republican Party. The question was right against wrong. “That is the issue that will continue in this country when these poor tongues of Judge Douglas and myself shall be silent,” Lincoln said.16
  • The price of slaves grew so high that a sizable number of white southerners urged the reopening of the African slave trade. In the 1850s, legislatures in several states, including South Carolina, proposed reopening the trade. Adopting this measure would have violated federal law. Some “reopeners” believed that the federal ban on the trade was unconstitutional; others were keen to nullify it, in a dress rehearsal for secession.
  • “If it is right to buy slaves in Virginia and carry them to New Orleans, why is it not right to buy them in Cuba, Brazil, or Africa and carry them there?”21 Proslavery southerners made these arguments under the banner of “free trade,” their rhetorical answer to “free labor.”
  • To George Fitzhugh, all societies were “at all times and places, regulated by laws as universal and as similar as those which control the affairs of bees,” and trade itself, including the slave trade, was “as old, as natural, and irresistible as the tides of the ocean.”
  • In 1855, David Christy, the author of Cotton Is King, wrote about the vital importance of “the doctrine of Free Trade,” which included abolishing the tariffs that made imported English goods more expensive than manufactured goods produced in the North. As one southerner put it, “Free trade, unshackled industry, is the motto of the South.”23
  • Darwin’s Origin of Species would have a vast and lingering influence on the world of ideas. Most immediately, it refuted the racial arguments of ethnologists like Louis Agassiz. And, in the months immediately following the book’s publication—the last, unsettling months before the beginning of the Civil War—abolitionists took it as evidence of the common humanity of man.30
  • The truths of the Confederacy disavowed the truths of the Union. The Confederacy’s newly elected vice president, a frail Georgian named Alexander Stephens, delivered a speech in Savannah in which he made those differences starkly clear. The ideas that lie behind the Constitution “rested upon the assumption of the equality of races,” Stephens said, but
  • “Our new government is founded upon exactly the opposite idea: its foundations are laid, its cornerstone rests, upon the great truth that the negro is not equal to the white man; that slavery . . . is his natural and moral condition. This, our new government, is the first, in the history of the world, based upon this great physical, philosophical, and moral truth.”52 It would become politically expedient, after the war, for ex-Confederates to insist that the Confederacy was founded on states’ rights. But the Confederacy was founded on white supremacy.
  • Opposition to free speech had long been the position of slave owners, a position taken at the constitutional convention and extended through the gag rule, antiliteracy laws, bans on the mails, and the suppression of speakers. An aversion to political debate also structured the Confederacy, which had both a distinctive character and a lasting influence on Americans’ ideas about federal authority as against popular sovereignty.
  • Secessionists were attempting to build a modern, proslavery, antidemocratic state. In order to wage a war, the leaders of this fundamentally antidemocratic state needed popular support. Such support was difficult to gain and impossible to maintain. The Confederacy therefore suppressed dissent.55
  • By May of 1861, the Confederacy comprised fifteen states stretching over 900,000 square miles and containing 12 million people, including 4 million slaves, and 4 million white women who were disenfranchised. It rested on the foundational belief that a minority governs a majority. “The condition of slavery is with us nothing but a form of civil government for a class of people not fit to govern themselves,” said Jefferson Davis.
  • There would be those, after the war ended, who said that it had been fought over states’ rights or to preserve the Union or for a thousand other reasons and causes. Soldiers, North and South, knew better. “The fact that slavery is the sole undeniable cause of this infamous rebellion, that it is a war of, by, and for Slavery, is as plain as the noon-day sun,” a soldier writing for his Wisconsin regimental newspaper explained in 1862. “Any man who pretends to believe that this is not a war for the emancipation of the blacks,” a soldier writing for his Confederate brigade’s newspaper wrote that same year, “is either a fool or a liar.”
  • Lincoln would remain a man trapped in time, in the click of a shutter and by the trigger of a gun. In mourning him, in sepia and yellow, in black and white, beneath plates of glinting glass, Americans deferred a different grief, a vaster and more dire reckoning with centuries of suffering and loss, not captured by any camera, not settled by any amendment, the injuries wrought on the bodies of millions of men, women, and children, stolen, shackled, hunted, whipped, branded, raped, starved, and buried in unmarked graves.
  • No president consecrated their cemeteries or delivered their Gettysburg address; no committee of arrangements built monuments to their memory. With Lincoln’s death, it was as if millions of people had been crammed into his tomb, trapped in a vault that could not hold them.
  • People running for Congress didn’t have to meet property requirements; they didn’t have to have been born in the United States; and they couldn’t be subjected to religious tests. This same logic applied to citizenship, and for the same reason: the framers of the Constitution understood these sorts of requirements as forms of political oppression. The door to the United States was meant to be open.
  • Before the 1880s, no federal law restricted immigration. And, despite periods of fervent nativism, especially in the 1840s, the United States welcomed immigrants into citizenship, and valued them. After the Civil War, the U.S. Treasury estimated the worth of each immigrant as equal to an $800 contribution to the nation’s economy,
  • Nineteenth-century politicians and political theorists interpreted American citizenship within the context of an emerging set of ideas about human rights and the authority of the state, holding dear the conviction that a good government guarantees everyone eligible for citizenship the same set of political rights, equal and irrevocable.
  • The Civil War raised fundamental questions not only about the relationship between the states and the federal government but also about citizenship itself and about the very notion of a nation-state. What is a citizen? What powers can a state exert over its citizens? Is suffrage a right of citizenship, or a special right, available only to certain citizens? Are women citizens? And if women are citizens, why aren’t they voters? What about Chinese immigrants, pouring into the West? They were free. Were they, under American law, “free white persons” or “free persons of color” or some other sort of persons?
  • In 1866, Congress searched in vain for a well-documented definition of the word “citizen.” Over the next thirty years, that definition would become clear, and it would narrow.
  • In 1896, the U.S. passport office, in the Department of State, which had grown to thousands of clerks, began processing applications according to new “Rules Governing the Application of Passports,” which required evidence of identity, including a close physical description Lew Wa Ho worked at a dry goods shop in St. Louis; the photograph was included in his Immigration Service case file as evidence of employment. Age, _____ years; stature, _____ feet _____ inches (English measure); forehead, _____; eyes, _____; nose, _____; mouth, _____; chin, _____; hair, _____; complexion, _____; face, _____ as well as affidavits, signatures, witnesses, an oath of loyalty, and, by way of an application fee, one dollar.12
  • The Fourteenth Amendment, drafted by the Joint Committee on Reconstruction, marked the signal constitutional achievement of a century of debate and war, of suffering and struggle. It proposed a definition of citizenship guaranteeing its privileges and immunities, and insuring equal protection and due process to all citizens. “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside,”
  • “No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”20
  • During the drafting of the amendment, the committee betrayed the national phalanx of women who for decades had fought for abolition and for black civil rights by proposing to insert, into the amendment’s second section, a provision that any state that denied the right to vote “to any of the male inhabitants of such state” would lose representation in Congress. “Male” had never before appeared in any part of the Constitution. “If that word ‘male’ be inserted,” Stanton warned, “it will take us a century at least to get it out.”21 She was not far wrong.
  • Women protested. “Can any one tell us why the great advocates of Human Equality . . . forget that when they were a weak party and needed all the womanly strength of the nation to help them on, they always united the words ‘without regard to sex, race, or color’?” asked Ohio-born reformer Frances Gage. Charles Sumner offered this answer: “We know how the Negro will vote, but are not so sure of the women.” How women would vote was impossible to know. Would black women vote the way black men voted? Would white women vote like black women? Republicans decided they’d rather not find out.
  • In the federal census of 1860, 24,282 out of 34,935 Chinese toiled in mines. Although some Chinese immigrants left mining—and some were forced out—many continued to mine well into the 1880s, often working in sites abandoned by other miners.
  • An 1867 government report noted that in Montana, “the diggings now fall into the hands of the Chinese, who patiently glean the fields abandoned by the whites.” Chinese workers began settling in Boise in 1865 and only five years later constituted a third of Idaho’s settlers and nearly 60 percent of its miners. In 1870, Chinese immigrants and their children made up nearly 9 percent of the population of California, and one-quarter of the state’s wage earners.
  • Their rights, under state constitutions and statutes, were markedly limited. Oregon’s 1857 constitution barred “Chinamen” from owning real estate, while California barred Chinese immigrants from testifying in court, a provision upheld in an 1854 state supreme court opinion, People v. Hall, which described the Chinese as “a race of people whom nature has marked as inferior, and who are incapable of progress or intellectual development beyond a certain point, as their history has shown.”29
  • And what about the voting rights of U.S.-born Chinese Americans? Much turned on the Fifteenth Amendment, proposed early in 1869. While the aim of the amendment was to guarantee African Americans the right to vote and hold office, its language inevitably raised the question of Chinese citizenship and suffrage. Opponents of the amendment found its entire premise scandalous. Garrett Davis, a Democratic senator from Kentucky, fumed, “I want no negro government; I want no Mongolian government; I want the government of the white man which our fathers incorporated.”33
  • Douglass spoke about what he called a “composite nation,” a strikingly original and generative idea, about a citizenry made better, and stronger, not in spite of its many elements, but because of them: “I want a home here not only for the negro, the mulatto and the Latin races; but I want the Asiatic to find a home here in the United States, and feel at home here, both for his sake and for ours.”36
  • Tilden won the nomination anyway and, in the general election, he won the popular vote against Hayes. Unwilling to accept the result of the election, Republicans disputed the returns in Florida, Louisiana, and South Carolina.
  • Eventually, the decision was thrown to an electoral commission that brokered a nefarious compromise: Democrats agreed to throw their support behind the man ever after known as Rutherfraud B. Hayes, so that he could become president, in exchange for a promise from Republicans to end the military occupation of the South. For a minor and petty political win over the Democratic Party, Republicans first committed electoral fraud and then, in brokering a compromise, abandoned a century-long fight for civil rights.
  • As soon as federal troops withdrew, white Democrats, calling themselves the “Redeemers,” took control of state governments of the South, and the era of black men’s enfranchisement came to a violent and terrible end. The Klan terrorized the countryside, burning homes and hunting, torturing, and killing people. (Between 1882 and 1930, murderers lynched more than three thousand black men and women.)
  • Black politicians elected to office were thrown out. And all-white legislatures began passing a new set of black codes, known as Jim Crow laws, that segregated blacks from whites in every conceivable public place, down to the last street corner. Tennessee passed the first Jim Crow law, in 1881, mandating the separation of blacks and whites in railroad cars. Georgia became the first state to demand separate seating for whites and blacks in streetcars, in 1891.
  • “Capital buys and sells to-day the very heart-beats of humanity,” she said. Democracy itself had been corrupted by it: “the speculators, the land-robbers, the pirates and gamblers of this Nation have knocked unceasingly at the doors of Congress, and Congress has in every case acceded to their demands.”44 The capitalists, she said, had subverted the will of the people.
  • In the late nineteenth century, a curious reversal took place. Electoral politics, the politics men engaged in, became domesticated, the office work of education and advertising—even voting moved indoors. Meanwhile, women’s political expression moved to the streets. And there, at marches, rallies, and parades, women deployed the tools of the nineteenth-century religious revival: the sermon, the appeal, the conversion.45
  • 1862 alone, in addition to the Homestead Act, the Republican Congress passed the Pacific Railway Act (chartering railroad companies to build the line from Omaha, Nebraska, to Sacramento, California) and the National Bank Act (to issue paper money to pay for it all). After the war, political power moved from the states to the federal government and as the political influence of the South waned, the importance of the West rose. Congress not only sent to the states amendments to the Constitution that defined citizenship and guaranteed voting rights but also passed landmark legislation involving the management of western land, the control of native populations, the growth and development of large corporations, and the construction of a national transportation infrastructure.
  • The independent farmer—the lingering ideal of the Jeffersonian yeoman—remained the watchword of the West, but in truth, the family farming for subsistence, free of government interference, was far less common than a federally subsidized, capitalist model of farming and cattle raising for a national or even an international market. The small family farm—Jefferson’s republican dream—was in many parts of the arid West an environmental impossibility.
  • Much of the property distributed under the terms of the Homestead Act, primarily in the Great Basin, was semi-arid, the kind of land on which few farmers could manage a productive farm with only 160 acres. Instead, Congress typically granted the best land to railroads, and allowed other, bigger interests to step in, buying up large swaths for agricultural business or stock raising and fencing it in, especially after the patenting of barbed wire in 1874.46
  • In 1885, an American economist tried to reckon the extraordinary transformation wrought by what was now 200,000 miles of railroad, more than in all of Europe. It was possible to move one ton of freight one mile for less than seven-tenths of one cent, “a sum so small,” he wrote, “that outside of China it would be difficult to find a coin of equivalent value to give a boy as a reward for carrying an ounce package across a street.”48
  • instability contributed to a broader set of political concerns that became Mary Lease’s obsession, concerns known as “the money question,” and traceable all the way back to Hamilton’s economic plan: Should the federal government control banking and industry?
  • No group of native-born Americans was more determined to end Chinese immigration than factory workers. The 1876 platform of the Workingmen’s Party of California declared that “to an American death is preferable to life on par with a Chinaman.”55 In 1882, spurred by the nativism of populists, Congress passed its first-ever immigration law, the Chinese Exclusion Act, which barred immigrants from China from entering the United States and, determining that the Fourteenth Amendment did not apply to people of Chinese ancestry, decreed that Chinese people already in the United States were permanent aliens who could never become citizens.
  • Populists, whether farmers or factory workers, for all their invocation of “the people,” tended to take a narrow view of citizenship. United in their opposition to the “money power,” members of the alliance, like members of the Knights of Labor, were also nearly united in their opposition to the political claims of Chinese immigrants, and of black people. The Farmers’ Alliance excluded African Americans, who formed their own association, the Colored Farmers’ Alliance. Nor did populists count Native Americans within the body of “the people.”
  • In 1887, Congress passed the Dawes Severalty Act, under whose terms the U.S. government offered native peoples a path to citizenship in a nation whose reach had extended across the lands of their ancestors. The Dawes Act granted to the federal government the authority to divide Indian lands into allotments and guaranteed U.S. citizenship to Indians who agreed to live on those allotments and renounce tribal membership.
  • In proposing the allotment plan, Massachusetts senator Henry Laurens Dawes argued that the time had come for Indians to choose between “extermination or civilization” and insisted that the law offered Americans the opportunity to “wipe out the disgrace of our past treatment” and instead lift Indians up “into citizenship and manhood.”58
  • But in truth the Dawes Act understood native peoples neither as citizens nor as “persons of color,” and led to nothing so much as forced assimilation and the continued takeover of native lands. In 1887 Indians held 138 million acres; by 1900, they held only half of that territory.
  • In 1877, railroad workers protesting wage cuts went on strike in cities across the country. President Hayes sent in federal troops to end the strikes, marking the first use of the power of the federal government to support business against labor. The strikes continued, with little success in improving working conditions. Between 1881 and 1894, there was, on average, one major railroad strike a week. Labor was, generally and literally, crushed: in a single year, of some 700,000 men working on the railroads, more than 20,000 were injured on the job and nearly 2,000 killed.59
  • In 1882, Roscoe Conkling represented the Southern Pacific Railroad Company’s challenge to a California tax rule. He told the U.S. Supreme Court, “I come now to say that the Southern Pacific Railroad Company and its creditors and stockholders are among the ‘persons’ protected by the Fourteenth Amendment.”
  • In offering an argument about the meaning and original intention of the word “person” in the Fourteenth Amendment, Conkling enjoyed a singular authority: he’d served on the Joint Committee on Reconstruction that had drafted the amendment and by 1882 was the lone member of that committee still living. With no one alive to contradict him, Conkling assured the court that the committee had specifically rejected the word “citizen” in favor of “person” in order to include corporations. (A
  • Much evidence suggests, however, that Conkling was lying. The record of the deliberations of the Joint Committee on Reconstruction does not support his argument regarding the committee’s original intentions, nor is it plausible that between 1866 and 1882, the framers of the Fourteenth Amendment had kept mysteriously hidden their secret intention to guarantee equal protection and due process to corporations. But
  • in 1886, when another railroad case, Santa Clara County v. Southern Pacific Railroad, reached the Supreme Court, the court’s official recorder implied that the court had accepted the doctrine that “corporations are persons within the meaning of the Fourteenth Amendment.”62 After that, the Fourteenth Amendment, written and ratified to guarantee freed slaves equal protection and due process of law, became the chief means by which corporations freed themselves from government regulation.
  • In 1937, Supreme Court Justice Hugo Black would observe, with grim dismay, that, over the course of fifty years, “only one half of one percent of the Fourteenth Amendment cases that came before the court had anything to do with African Americans or former slaves, while over half of the cases were about protecting the rights of corporations.”63 Rights guaranteed to the people were proffered, instead, to corporations.
  • He devised an economic plan that involved abolishing taxes on labor and instead imposing a single tax on land. Tocqueville had argued that democracy in America is made possible by economic equality; people with equal estates will eventually fight for, and win, equal political rights. George agreed. But, like Mary Lease, he thought that financial capitalism was destroying democracy by making economic equality impossible. He saw himself as defending “the Republicanism of Jefferson and the Democracy of Jackson.”72
  • Between 1889 and 1893, the mortgages on so many farms were foreclosed that 90 percent of farmland fell into the hands of bankers. The richest 1 percent of Americans owned 51 percent of the nation’s wealth, and the poorest 44 percent owned less than 2 percent.
  • For all its passionate embrace of political equality and human rights and its energetic championing of suffrage, the People’s Party rested on a deep and abiding commitment to exclude from full citizenship anyone from or descended from anyone from Africa or Asia.
  • Many of the reforms proposed by populists had the effect of diminishing the political power of blacks and immigrants. Chief among them was the Australian ballot, more usually known as the secret ballot, which, by serving as a de facto literacy test, disenfranchised both black men in the rural South and new immigrants in northern cities.
  • to deliberate at length over the secret ballot. Quickest to adopt the reform were the states of the former Confederacy, where the reform appealed to legislatures eager to find legal ways to keep black men from voting. In 1890, Mississippi held a constitutional
  • Both by law and by brute force, southern legislators, state by state, and poll workers, precinct by precinct, denied black men the right to vote. In Louisiana, black voter registration dropped from 130,000 in 1898 to 5,300 in 1908, and to 730 in 1910. In 1893, Arkansas Democrats celebrated their electoral advantage by singing,         The Australian ballot works like a charm         It makes them think and scratch         And when a Negro gets a ballot         He has certainly met his match.82
  • One Republican said, “I felt that Bryan was the first politician I had ever heard speak the truth and nothing but the truth,” even though in every case, when he read a transcript of the speech in the newspaper the next day, he “disagreed with almost all of it.”85
  • In 1894, Bryan tacked an income tax amendment to a tariff bill, which managed to pass. But the populist victory—a 2 percent federal income tax that applied only to Americans who earned more than $4,000—didn’t last long. The next year, in Pollock v. Farmers’ Loan and Trust Company, the Supreme Court ruled 5–4 that the tax was a direct tax, and therefore unconstitutional, one justice calling the tax the first campaign in “a war of the poor against the rich.”
  • POPULISM ENTERED AMERICAN politics at the end of the nineteenth century, and it never left. It pitted “the people,” meaning everyone but the rich, against corporations, which fought back in the courts by defining themselves as “persons”; and it pitted “the people,” meaning white people, against nonwhite people who were fighting for citizenship and whose ability to fight back in the courts was far more limited, since those fights require well-paid lawyers.
  • After 1859, and the Origin of Species, the rise of Darwinism contributed to the secularization of the university, as did the influence of the German educational model, in which universities were divided into disciplines and departments, each with a claim to secular, and especially scientific, expertise. These social sciences—political science, economics, sociology, and anthropology—used the methods of science, and especially of quantification, to study history, government, the economy, society, and culture.96
  • For Wilson’s generation of political scientists, the study of the state replaced the study of the people. The erection of the state became, in their view, the greatest achievement of civilization. The state also provided a bulwark against populism. In the first decades of the twentieth century, populism would yield to progressivism as urban reformers applied the new social sciences to the study of political problems, to be remedied by the intervention of the state.
  • The rise of populism and the social sciences reshaped the press, too. In the 1790s, the weekly partisan newspaper produced the two-party system. The penny press of the 1830s produced the popular politics of Jacksonian democracy. And in the 1880s and 1890s the spirit of populism and the empiricism of the social sciences drove American newspapers to a newfound obsession with facts.
  • The newspapers of the 1880s and 1890s were full of stunts and scandals and crusades, even as they defended their accuracy. “Facts, facts piled up to the point of dry certitude was what the American people really wanted,” wrote the reporter Ray Stannard Baker. Julius Chambers said that writing for the New York Herald involved “Facts; facts; nothing but facts. So many peas at so much a peck; so much molasses at so much a quart.”
  • Ballot reform, far from keeping money out of elections, had ushered more money into elections, along with a new political style: using piles of money to sell a candidate’s personality, borrowing from the methods of business by using mass advertising and education, slogans and billboards. McKinley ran a new-style campaign; Bryan ran an old-style campaign. Bryan barnstormed all over the country: he gave some six hundred speeches to five million people in twenty-seven states and traveled nearly twenty thousand miles.
  • But McKinley’s campaign coffers were fuller: Republicans spent $7 million; Democrats, $300,000. John D. Rockefeller alone provided the GOP with a quarter of a million dollars. McKinley’s campaign manager, Cleveland businessman Mark Hanna, was nearly buried in donations from fellow businessmen. He used that money to print 120 million pieces of campaign literature. He hired fourteen hundred speakers to stump for McKinley; dubbing the populists Popocrats, they agitated voters to a state of panic.108 As Mary Lease liked to say, money elected McKinley.
  • Turner, born in Wisconsin in 1861, was one of the first Americans to receive a doctorate in history. At the exposition, he delivered his remarks before the American Historical Association, an organization that had been founded in 1884 and incorporated by an act of Congress in 1889 “for the promotion of historical studies, the collection and preservation of historical manuscripts and for kindred purposes in the interest of American history and of history in America.”110
  • like journalists, historians borrowed from the emerging social sciences, relying on quantitative analysis to understand how change happens. Where George Bancroft, in his History of the United States, had looked for explanations in the hand of providence, Frederick Jackson Turner looked to the census.
  • The difference between Turner’s methods and Bancroft’s signaled a profound shift in the organization of knowledge, one that would have lasting consequences for the relationship between the people and the state and for civil society itself. Like Darwinism, the rise of the social sciences involved the abdication of other ways of knowing, and, indirectly, contributed to the rise of fundamentalism.
  • Across newly defined academic disciplines, scholars abandoned the idea of mystery—the idea that there are things known only by God—in favor of the claim to objectivity, a development sometimes called “the disenchantment of the world.”111 When universities grew more secular, religious instruction became confined to divinity schools and theological seminaries.
  • theologian at the University of Chicago’s divinity school defined modernism as “the use of scientific, historical, and social methods in understanding and applying evangelical Christianity to the needs of living persons.”112 Increasingly, this is exactly what evangelicals who eventually identified themselves as fundamentalists found objectionable.
  • Influenced by both Jefferson and Darwin, Turner saw the American frontier as the site of political evolution, beginning with the “savages” of a “wilderness,” proceeding to the arrival of European traders, and continuing through various forms of settlement, through the establishment of cities and factories, “the evolution of each into a higher stage,” and culminating in the final stage of civilization: capitalism and democracy.114
  • “American democracy is fundamentally the outcome of the experiences of the American people in dealing with the West,” by which he meant the experience of European immigrants to the United States in defeating its native peoples, taking possession of their homelands, and erecting there a civilization of their own. This, for Turner, was the story of America and the lesson of American history: evolution.116
  • Douglass, who, as the former U.S. ambassador to Haiti, had represented the nation of Haiti at the Haitian pavilion, was the only eminent African American with a role at the fair, whose program had been planned by a board of 208 commissioners, all white.117 There were, however, black people at the fair: on display. In the Hall of Agriculture, old men and women, former slaves, sold miniature bales of cotton, souvenirs, while, in a series of exhibits intended to display the Turnerian progress of humankind from savagery to civilization, black Americans were posed in a fake African village. “As if to shame the Negro,” Douglass wrote, they “exhibit the Negro as a repulsive savage.”118
  • “A ship at anchor, with halliards broken, sails mildewed, hull empty, her bottom covered with sea-weed and barnacles, meets no resistance,” Douglass said that day, turning the idea of a ship of state to the problem of Jim Crow. “But when she spread her canvas to the breeze and sets out on her voyage, turns prow to the open sea, the higher shall be her speed, the greater shall be her resistance. And so it is with the colored man.”
  • He paused to allow his listeners to conjure the scene, and its meaning, of a people struggling against the sea. “My dear young friends,” Douglass closed. “Accept the inspiration of hope. Imitate the example of the brave mariner, who, amid clouds and darkness, amid hail, rain and storm bolts, battles his way against all that the sea opposes to his progress and you will reach the goal of your noble ambition in safety.”124
  • The majority in Plessy v. Ferguson asserted that separation and equality were wholly separate ideas. “We consider the underlying fallacy of the plaintiff’s argument to consist in the assumption that the enforced separation of the two races stamps the colored race with a badge of inferiority. If this be so, it is not by reason of anything found in the act, but solely because the colored race chooses to put that construction upon it.” The resulting legal principle—that public accommodations could be “separate but equal”—would last for more than half a century.
  • The sole dissenter, John Marshall Harlan, objecting to the establishment of separate classes of citizens, insisted that the achievement of the United States had been the establishment, by amendment, of a Constitution that was blind to race. “Our constitution is color-blind, and neither knows nor tolerates classes among citizens,” Harlan wrote, and it is therefore a plain violation of the Constitution “for a state to regulate the enjoyment by citizens of their civil rights solely upon the basis of race.”
  • What all these laws had in common, Harlan argued, was that they were based on race. And yet a war had been fought and won to establish that laws in the United States could not be based on race; nor could citizenship be restricted by race. The court’s opinion in Plessy, Harlan warned, was so dreadfully in error as to constitutional principles that “the judgment this day rendered will, in time, prove to be quite as pernicious as the decision made by this tribunal in the Dred Scott Case.”128 This prediction proved true.
  • Four centuries had passed since continents, separated by oceans, had met again. A century had passed since Jefferson had declared all men equal. Three decades had passed since the Fourteenth Amendment had declared all persons born or naturalized in the United States to be citizens.
  • And now the Supreme Court ruled that those who would set aside equality in favor of separation had not violated the nation’s founding truths. In one of the most wrenching tragedies in American history—a chronicle not lacking for tragedy—the Confederacy had lost the war, but it had won the peace.
  • Lippmann started out as a socialist, when even mentioning the masses hinted at socialism; The Masses was the name of a socialist monthly, published in New York, and, especially after the Russian Revolution of 1917, which brought the Bolshevists to power (“bol’shinstvo” means “the majority”), “the masses” sounded decidedly Red.
  • But Lippmann soon began to write about the masses as “the bewildered herd,” unthinking and instinctual, and as dangerous as an impending stampede. For Lippmann, and for an entire generation of intellectuals, politicians, journalists, and bureaucrats who styled themselves Progressives—the term dates to 1910—the masses posed a threat to American democracy.
  • This change was wrought in the upheaval of the age. In the years following the realigning election of 1896, everything seemed, suddenly, bigger than before, more crowded, and more anonymous: looming and teeming. Even buildings were bigger: big office buildings, big factories, big mansions, big museums. Quantification became the only measure of value: how big, how much, how many.
  • To fight monopolies, protect the people, and conserve the land, the federal government grew bigger, too; dozens of new federal agencies were founded in this era,
  • “Mass” came to mean anything that involved a giant and possibly terrifying quantity, on a scale so great that it overwhelmed existing arrangements—including democracy. “Mass production” was coined in the 1890s, when factories got bigger and faster, when the number of people who worked in them skyrocketed, and when the men who owned them got staggeringly rich.
  • “Mass migration” dates to 1901, when nearly a million immigrants were entering the United States every year, “mass consumption” to 1905, “mass consciousness” to 1912. “Mass hysteria” had been defined by 1925 and “mass communication” by 1927, when the New York Times described the radio as “a system of mass communication with a mass audience.”3
  • And the masses themselves? They formed a mass audience for mass communication and had a tendency, psychologists believed, to mass hysteria—the political stampede—posing a political problem unanticipated by James Madison and Thomas Jefferson,
  • To meet that challenge in what came to be called the Progressive Era, activists, intellectuals, and politicians campaigned for and secured far-reaching reforms that included municipal, state, and federal legislation.
  • Their most powerful weapon was the journalistic exposé. Their biggest obstacle was the courts, which they attempted to hurdle by way of constitutional amendments. Out of these campaigns came the federal income tax, the Federal Reserve Bank, the direct election of U.S. senators, presidential primaries, minimum-wage and maximum-hour laws, women’s suffrage, and Prohibition.
  • And all of what Progressives accomplished in the management of mass democracy was vulnerable to the force that so worried the unrelenting Walter Lippmann: the malleability of public opinion, into mass delusion.
  • Progressives championed the same causes as Populists, and took their side in railing against big business, but while Populists generally wanted less government, Progressives wanted more, seeking solutions in reform legislation and in the establishment of bureaucracies, especially government agencies.6
  • Populists believed that the system was broken; Progressives believed that the government could fix it. Conservatives, who happened to dominate the Supreme Court, didn’t believe that there was anything to fix but believed that, if there was, the market would fix it. Notwithstanding conservatives’ influence in the judiciary, Progressivism spanned both parties.
  • Woodrow Wilson himself admitted, “When I sit down and compare my views with those of a Progressive Republican I can’t see what the difference is.”7
  • Much that was vital in Progressivism grew out of Protestantism, and especially out of a movement known as the Social Gospel, adopted by almost all theological liberals and by a large number of theological conservatives,
  • The Social Gospel movement was led by seminary professors—academic theologians who accepted the theory of evolution, seeing it as entirely consistent with the Bible and evidence of a divinely directed, purposeful universe; at the same time, they fiercely rejected the social Darwinism of writers like Herbert Spencer, the English natural scientist who coined the phrase “the survival of the fittest” and used the theory of evolution to defend all manner of force, violence, and oppression.
  • argued that fighting inequality produced by industrialism was an obligation of Christians: “We must make men believe that Christianity has a right to rule this kingdom of industry, as well as all the other kingdoms of this world.”9 Social Gospelers brought the zeal of abolitionism to the problem of industrialism.
  • In 1908, Methodists wrote a Social Creed and pledged to fight to end child labor and to promote a living wage. It was soon adopted by the thirty-three-member Federal Council of Churches, which proceeded to investigate a steelworkers’ strike in Bethlehem, ultimately taking the side of the strikers.10
  • Washington, in the debate over the annexation of the Philippines, Americans revisited unsettled questions about expansion that had rent the nation during the War with Mexico and unsettled questions about citizenship that remained the unfinished business of Reconstruction. The debate also marked the limits of the Progressive vision: both sides in this debate availed themselves, at one time or another, of the rhetoric of white supremacy. Eight million people of color in the Pacific and the Caribbean, from the Philippines to Puerto Rico, were now part of the United States, a nation that already, in practice, denied the right to vote to millions of its own people because of the color of their skin.
  • “You are undertaking to annex and make a component part of this Government islands inhabited by ten millions of the colored race, one-half or more of whom are barbarians of the lowest type,” said Ben Tillman, a one-eyed South Carolina Democrat who’d boasted of having killed black men and expressed his support for lynch mobs. “It is to the injection into the body politic of the United States of that vitiated blood, that debased and ignorant people, that we object.”
  • Tillman reminded Republicans that they had not so long ago freed slaves and then “forced on the white men of the South, at the point of the bayonet, the rule and domination of those ex-slaves. Why the difference? Why the change? Do you acknowledge that you were wrong in 1868?”14
  • The war that began in Cuba in 1898 and was declared over in the Philippines in 1902 dramatically worsened conditions for people of color in the United States, who faced, at home, a campaign of terrorism. Pro-war rhetoric, filled with racist venom, only further incited American racial hatreds. “If it is necessary, every Negro in the state will be lynched,” the governor of Mississippi pledged in 1903.
  • By one estimate, someone in the South was hanged or burned alive every four days. The court’s decision in Plessy v. Ferguson meant that there was no legal recourse to fight segregation, which grew more brutal with each passing year.
  • Nor was discrimination confined to the South. Cities and counties in the North and West passed racial zoning laws, banning blacks from the middle-class communities. In 1890, in Montana, blacks lived in all fifty-six counties in the state; by 1930, they’d been confined to just eleven. In Baltimore, blacks couldn’t buy houses on blocks where whites were a majority.
  • In 1917, in Buchanan v. Warley, the Supreme Court availed itself of the Fourteenth Amendment not to guarantee equal protection for blacks but to guarantee what the court had come to understand as the “liberty of contract”—the liberty of businesses to discriminate.16
  • A generation earlier, he’d have become a preacher, like his father, but instead he became a professor of political science.23 In the academy and later in the White House, he dedicated himself to the problem of adapting a Constitution written in the age of the cotton gin to the age of the automobile.
  • “We have grown more and more inclined from generation to generation to look to the President as the unifying force in our complex system, the leader both of his party and of the nation. To do so is not inconsistent with the actual provisions of the Constitution; it is only inconsistent with a very mechanical theory of its meaning and intention.” A president’s power, Wilson concluded, is virtually limitless: “His office is anything he has the sagacity and force to make it.”24
  • the U.S. Supreme Court overruled much Progressive labor legislation. The most important of these decisions came in 1905. In a 5–4 decision in Lochner v. New York, the U.S. Supreme Court voided a state law establishing that bakers could work no longer than ten hours a day, six days a week, on the ground that the law violated a business owner’s liberty of contract, the freedom to forge agreements with his workers, something the court’s majority said was protected under the Fourteenth Amendment.
  • The laissez-faire conservatism of the court was informed, in part, by social Darwinism, which suggested that the parties in disputes should be left to battle it out, and if one side had an advantage, even so great an advantage as a business owner has over its employees, then it should win.
  • In a dissenting opinion in Lochner, Oliver Wendell Holmes accused the court of violating the will of the people. “This case is decided upon an economic theory which a large part of the country does not entertain,” he began. The court, he said, had also wildly overreached its authority and had carried social Darwinism into the Constitution. “A Constitution is not intended to embody a particular economic theory,” Holmes wrote. “The Fourteenth Amendment does not enact Mr. Herbert Spencer’s Social Statics.”
  • Wilson pointed out that the Constitution, written before mass industrialization, couldn’t be expected to have anticipated it, and couldn’t solve the problems industrialization had created, unless the Constitution were treated like a living thing that, like an organism, evolved.
  • Critics further to the left argued that the courts had become an instrument of business interests. Unions, in fact, often failed to support labor reform legislation, partly because they expected it to be struck down by the courts as unconstitutional, and partly because they wanted unions to provide benefits to their members, which would be an argument for organizing.
  • conservatives insisted that the courts were right to protect the interests of business and that either market forces would find a way to care for sick, injured, and old workers, or (for social Darwinists) the weakest, who were not meant to thrive, would wither and die.
  • “No other social movement in modern economic development is so pregnant with benefit to the public,” wrote the editor of the Journal of the American Medical Association. “At present the United States has the unenviable distinction of being the only great industrial nation without compulsory health insurance,” the Yale economist Irving Fisher pointed out in 1916.36 It would maintain that unenviable distinction for a century.
  • In California, the legislature passed a constitutional amendment providing for universal health insurance. But when it was put on the ballot for ratification, a federation of insurance companies took out an ad in the San Francisco Chronicle warning that it “would spell social ruin in the United States.” Every voter in the state received in the mail a pamphlet with a picture of the kaiser and the words “Born in Germany. Do you want it in California?” The measure was defeated. Opponents called universal health insurance “UnAmerican, Unsafe, Uneconomic, Unscientific, Unfair and Unscrupulous.”
  • “Scientific management has no place for a bird that can sing and won’t sing,” answered Taylor. “We are not . . . dealing with horses nor singing birds,” Wilson told Taylor. “We are dealing with men who are a part of society and for whose benefit society is organized.
  • Jim Crow thrived because, after the end of Reconstruction in 1877, reformers who had earlier fought for the cause of civil rights abandoned it for the sake of forging a reunion between the states and the federal government and between the North and the South. This wasn’t Wilson’s doing; this was the work of his generation, the work of the generation that came before him, and the work of the generation that would follow him, an abdication of struggle, an abandonment of justice.
  • War steered the course of American politics like a gale-force wind. The specter of slaughter undercut Progressivism, suppressed socialism, and produced anticolonialism. And, by illustrating the enduring wickedness of humanity and appearing to fulfill prophecies of apocalypse as a punishment for the moral travesty of modernism, the war fueled fundamentalism.
  • Bryan’s difficulty was that he saw no difference between Darwinism and social Darwinism, but it was social Darwinism that he attacked, the brutality of a political philosophy that seemed to believe in nothing more than the survival of the fittest, or what Bryan called “the law of hate—the merciless law by which the strong crowd out and kill the weak.”77
  • Germany was the enemy, the same Germany whose model of education had secularized American colleges and universities, which were now teaching eugenics, sometimes known as the science of human betterment, calling for the elimination from the human race of people deemed unfit to reproduce on the basis of their intelligence, criminality, or background.
  • Nor was this academic research without consequence. Beginning in 1907, with Indiana, two-thirds of American states passed forced sterilization laws.
  • In 1916, Madison Grant, the president of the Museum of Natural History in New York, who had degrees from Yale and Columbia, published The Passing of the Great Race; Or, the Racial Basis of European History, a “hereditary history” of the human race, in which he identified northern Europeans (the “blue-eyed, fair-haired peoples of the north of Europe” that he called the “Nordic race”) as genetically superior to southern Europeans (the “dark-haired, dark-eyed” people he called “the Alpine race”) and lamented the presence of “swarms of Jews” and “half-breeds.” In the United States, Grant argued, the Alpine race was overwhelming the Nordic race, threatening the American republic, since “democracy is fatal to progress when two races of unequal value live side by side.”79
  • fundamentalists were, of course, making an intellectual argument, if one that not many academics wanted to hear. In 1917, William B. Riley, who, like J. Frank Norris, had trained at the Southern Baptist Theological Seminary, published a book called The Menace of Modernism, whose attack on evolution included a broader attack on the predominance in public debate of liberal faculty housed at secular universities—and the silencing of conservative opinion.
  • The horror of the war fueled the movement, convincing many evangelicals that the growing secularization of society was responsible for this grotesque parade of inhumanity: mass slaughter. “The new theology has led Germany into barbarism,” one fundamentalist argued in 1918, “and it will lead any nation into the same demoralization.”
  • “If my re-election as President depends upon my getting into war, I don’t want to be President,” Wilson said privately. “He kept us out of war” became his campaign slogan, and when Theodore Roosevelt called that an “ignoble shirking of responsibility,” Wilson countered, “I am an American, but I do not believe that any of us loves a blustering nationality.”
  • Wilson had in fact pledged not to make the world democratic, or even to support the establishment of democratic institutions everywhere, but instead to establish the conditions of stability in which democracy was possible.
  • nearly five million were called to serve. How were they to be persuaded of the war’s cause? In a speech to new recruits, Wilson’s new secretary of state, Robert Lansing, ventured an explanation. “Were every people on earth able to express their will, there would be no wars of aggression and, if there were no wars of aggression, then there would be no wars, and lasting peace would come to this earth,” Lansing said, stringing one conditional clause after another. “The only way that a people can express their will is through democratic institutions,” Lansing went on. “Therefore, when the world is made safe for democracy . . . universal peace will be an accomplished fact.”88
  • Wilson, the political scientist, tried to earn the support of the American people with an intricate theory of the relationship between democracy and peace. It didn’t work. To recast his war message and shore up popular support, he established a propaganda department,
  • Social scientists called the effect produced by wartime propaganda “herd psychology”; the philosopher John Dewey called it the “conscription of thought.”89
  • To suppress dissent, Congress passed a Sedition Act in 1918. Not since the Alien and Sedition Acts of 1798 had Congress so brazenly defied the First Amendment. Fewer than two dozen people had been arrested under the 1798 Sedition Act. During the First World War, the Justice Department charged more than two thousand Americans with sedition and convicted half of them. Appeals that went to the Supreme Court failed.
  • “If we want real peace,” Du Bois wrote, “we must extend the democratic ideal to the yellow, brown, and black peoples.” But after the United States entered the war, Creel called thirty-one black editors and publishers to a conference in Washington and warned them about “Negro subversion.”
  • Du Bois asked black men who could not vote in the United States to give their lives to make the world “safe for democracy” and asked black people to hold off on fighting against lynchings, whose numbers kept rising.91
  • Wilson signed a tax bill, raising taxes on incomes, doubling a tax on corporate earnings, eliminating an exemption for dividend income, and introducing an estate tax and a tax on excess profits. Rates for the wealthiest Americans rose from 2 percent to 77, but most people paid no tax at all (80 percent of the revenue was drawn from the income of the wealthiest 1 percent of American families).
  • Wars, as ever, expanded the powers of the state. It rearranged the relationship between the federal government and business, establishing new forms of cooperation, oversight, and regulation that amounted to erecting a welfare state for business owners.
  • As the war drew to a close, the reckoning began. American losses were almost trivial compared to the staggering losses in European nations. Against America’s 116,000 casualties, France lost 1.6 million lives, Britain 800,000, and Germany 1.8 million. Cities across Europe lay in ashes; America was untouched. Europe, composed of seventeen countries before the war, had splintered into twenty-six, all of them deeply in debt, and chiefly to Americans.
  • Before the war, Americans owed $3.7 billion to foreigners; after the war, foreigners owed $12.6 billion to Americans. Even the terrifying influenza epidemic of 1918, which took 21 million lives worldwide, claimed the lives of only 675,000 Americans. The war left European economies in ruins, America’s thriving. In the United States, steel production rose by a quarter between 1913 and 1920; everywhere else, it fell by a third.98 The Armistice came on November
  • Wilson left a lasting legacy: his rhetoric of self-determination contributed to a wave of popular protests in the Middle East and Asia, including a revolution in Egypt in 1919; made the nation-state the goal of stateless societies; and lies behind the emergence and force of anticolonial nationalism.100
  • Thirty black men were lynched in 1917, twice as many the next year, and in 1919, seventy-six, including ten veterans, some still wearing their uniforms, having fought, some people thought, the wrong war.101
  • IN 1922, when Walter Lippmann turned thirty-two, he wrote a book called Public Opinion, in which he concluded that in a modern democracy the masses, asked to make decisions about matters far removed from their direct knowledge, had been asked to do too much. “Decisions in a modern state tend to be made by the interaction, not of Congress and the executive, but of public opinion and the executive,” he’d once observed.108 Mass democracy can’t work, Lippmann argued, because the new tools of mass persuasion—especially mass advertising—meant that a tiny minority could very easily persuade the majority to believe whatever it wished them to believe.
  • The best hope for mass democracy might have seemed to be the scrupulously and unfailingly honest reporting of news, but this, Lippmann thought, was doomed to fall short, because of the gap between facts and truth.
  • Reporters chronicle events, offering facts, but “they cannot govern society by episodes, incidents, and eruptions,” he said.109 To govern, the people need truth, sense out of the whole, but people can’t read enough in the morning paper or hear enough on the evening news to turn facts into truth when they’re driven like dray horses all day.
Javier E

The Constitution at War With Itself - The Bulwark - 0 views

  • the original Constitution had elements that were clearly moral—the rule of law, liberty, and self-government all implied understandings of equality that were in tension with slavery.
  • To play on an analogy Feldman powerfully invokes, if we think of the compromise Constitution and the amended Constitution that came out of the Civil War as akin to the Old and New Testaments, with the first being rooted in a rigid adherence to law and the second being rooted in moral understandings, there is more to the Old Testament than its insistence on law; there is an insistence, in the Prophets in particular, on the spirit and morality the law is meant to serve. To push Feldman’s analogy, the Old Testament had shoots that would grow in the New Testament: the moral and philosophical commitments of the new had roots in the old.
  • The highlight of Feldman’s narrative is an exchange between Hezekiah Ford Douglas, “who had escaped enslavement at fifteen,” and William Howard Day, a free-born black man and graduate of Oberlin College. While Douglas insisted that blacks should not, in Feldman’s words, “acknowledge the legitimacy of a constitutional order based on slavery,” Day insisted that while the government was proslavery we should not confuse this “construction of the Constitution” with “the Constitution itself.” And the Constitution itself, framed to “establish justice” and to protect “liberty,” was best understood as antislavery
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  • Fredrick Douglass drew on both strands of this debate, arguing in 1850 that “Liberty and Slavery” were both in the Constitution, giving us a constitution fundamentally “at war with itself.”
  • the First Inaugural where Lincoln argued that the states did not have a constitutional right to secede, particularly on the grounds that they did not like the results of the election of 1860. The states might have a revolutionary right to dissolve the constitutional order and create a new one, but to secede because Lincoln was elected president when he had in no way altered the terms of the social contract was to evade the rules and break the constitutional order he was obligated to defend.
  • I think Lincoln’s First Inaugural is a powerful and compelling work of constitutional analysis. Lincoln’s message in the First Inaugural was twofold. First, he reiterated the compromise. Each state had a right to “control its own domestic institutions” (meaning, of course, slavery). All representatives had sworn an oath to support “the whole Constitution,” which obligated them to adhere to the fugitive slave clause as part of the compromise and not try to evade its terms by “hypercritical rules” of interpretation
  • But Lincoln went on to insist that no part of the Constitution had been violated. Given this, he argued that secession against a constitutional majority would be “the essence of anarchy.” If states could secede after an election rather than “acquiesce” to a free and fair election, then democratic government by a constitutional majority was no longer possible.
  • Once ballots had settled the issue, states were constitutionally bound to oblige. Appealing to bullets was, as Lincoln put it, a “revolutionary” act that broke the constitutional order he had sworn an oath to uphold.
  • Feldman points out that Lincoln’s insistence on a majority as the sovereign was quite different from the Framers’ understanding of the sovereign, which they tended to treat as the whole people.
  • We might best understand this as a question of who is sovereign within the constitutional order, which is separate from who can act to dissolve the constitutional order itself
  • The most visible element of this debate was whether individual states were sovereign in the latter capacity: Could they exit the constitutional order? And if they could not constitutionally leave, did the national government have power to keep them in?
  • Whether America was a union founded by We the People or was a union founded by sovereign states was the subject of fraught debate in the antebellum period.
  • the prolonged struggle forced Lincoln to confront the fact that the Union could not be brought back together on the terms of the old compromise.
  • Feldman also highlights Lincoln as a theorist of constitutional necessity, as he is forced to confront thorny constitutional issues with no easy answer, which includes a detailed examination of Lincoln’s occasional overreach. Not only was his suspension of the writ of habeas corpus wider than necessary, but it included, Feldman writes, suspending “the basic constitutional right to free speech” and locking up critics of the war far more extensively than is usually acknowledged
  • Emancipation would be made permanent with the Thirteenth Amendment, abolishing slavery and destroying the compromise at the heart of the original Constitution: “The greater drama of the passage of the Thirteenth Amendment was its transformation of the prewar, compromise Constitution into a new Constitution that repudiated the very core of that compromise as it had existed from 1787 to 1861.” This second founding culminated in the Fourteenth and Fifteenth Amendments, inscribing the principles articulated in the Declaration and reaffirmed by the Gettysburg Address into constitutional text.
  • Americans—particularly those Americans who think patriotism depends on a belief in an infallible founding and a perfect Constitution—too easily gloss over how “complicated, contradictory, and fraught it was for Lincoln and the nation to overcome [the old] Constitution and remake it.”
Javier E

Ganesh Sitaraman's "The Crisis of the Middle-Class Constitution" - The Atlantic - 0 views

  • Rebecca J. Rosen: Your new book, The Crisis of the Middle-Class Constitution, is premised on the idea that the American Constitution is what you call a middle-class constitution. What does that mean?
  • Ganesh Sitaraman: The idea of the middle-class constitution is that it’s a constitutional system that requires and is conditioned on the assumption that there is a large middle class, and no big differences between rich and poor in a society.
  • Prior to the American Constitution, most countries and most people who thought about designing governments were very concerned about the problem of inequality, and the fear was that, in a society that was deeply unequal, the rich would oppress the poor and the poor would revolt and confiscate the wealth of the rich.
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  • extreme wealth, there’s extreme poverty, neither of which really exists in America. As a result they don’t need to design a House of Lords and a House of Commons, they don’t need a tribune of the plebs in order to make their constitution work.
  • What we have is a constitutional system that doesn’t build class in at all, and the reason why is that America was shockingly equal at the time in ways that seem really surprising to us today.
  • The idea is that the Constitution relies on a relatively equal society for it to work. In societies that are deeply unequal, the way you prevent strife between rich and poor is you build class right into the structure of government—the House of Lords, House of Commons idea. Everyone has a share in government, but they also have a check on each other.
  • In a country that doesn’t have a lot of inequality by wealth, you don’t need that kind of check. There’s no extreme wealth, there’s no extreme poverty, so you don’t expect there to be strife, to be instability based on wealth. And so there’s no need to put in some sort of check like that into the Constitution.
  • That’s how our Constitution works. The reason why it works this way is that when the founders looked around, they thought America was uniquely equal in the history of the world.
  • We have to distinguish between two separate things. The first is what I’m calling the tradition of the middle-class Constitution, and the idea here is that to have a republic, you have to have relative economic equality, and that’s within the political community.
  • And in an unequal society, the only possible government you could have would be some sort of aristocracy or monarchy.
  • there’s another question which is, who is in the political community? And that’s a question that’s been fiercely debated over our history, fiercely contested over our history.
  • There’s a second tradition that we call the tradition of inclusion, which over time has fought to expand the community to include minorities, to include women. The challenge for anyone who’s interested in continuing both of these traditions is, how do they work together?
  • I think the key thing is, when you expand the political community, you have to make sure that every member of the political community then has the opportunity to join the middle class, or else you can't maintain the structure of the republic and the preconditions for having a republic.
  • In the 17th century in England, James Harrington writes a book called The Commonwealth of Oceana, and it’s a pivotal book, extremely important in the history of political thought. What Harrington argues is that the balance of power in politics in any society will inevitably mirror the balance of property in society, and he talks a lot about property. We can think about that as wealth
  • What Harrington does is he explains this by saying that power has to follow property.
  • his views were well known in the time period. In fact, more so than being known, they were just believed by everyone. Everyone embraced them, in some cases without even necessarily knowing their source, although throughout the founders’ writings they list Harrington as one of the great political thinkers who can comment on what it means to create a republic.
  • their intellectual fountain, is Harrington, who suggests that, if you have an equal society, it is possible to have what he called a commonwealth, or a republic.
  • there’s actually a radical change in our Constitution that we don’t build economic class directly into these institutions. The purpose of the Senate, with its longer terms, is to allow representatives to deliberate in the longer-term interest of the republic, and that’s the goal of the Senate.
  • by the late 19th century, industrialization has reached full force.
  • These are all huge changes in the economy, and they put serious pressure on the economic foundations of the Constitution.
  • The response that starts really in full force in the populist era of the late 19th century and moves into the Progressive Era is to try to combat both economic power and to prevent economic power from turning into political power.
  • antitrust laws
  • People in this time period do a lot of extraordinary things.
  • an income tax
  • the first campaign-finance regulations
  • a constitutional amendment to require the direct election of U.S. senators
  • These factors, these actions, both economic and political, were designed to create what Teddy Roosevelt called an economic democracy that was necessary as a precondition for political democracy.
  • After World War II, something changes. In this period, post-World War II, the idea that economic equality is necessary for our constitutional system falls out of the consciousness of most people.
  • it happens for three reasons. The first is that we experience a huge economic boom. This is a period that economists call the Great Compression. GDP goes up, median wages go up, we build America’s middle class during this period.
  • a lot of things that contributed
  • we regulated the financial industry through the Securities and Exchange Commission, Glass-Steagall during the Great Depression.
  • We also invested a lot in the kinds of things that would build a strong middle class. We sent a generation to college through the GI bill. We invested in infrastructure, which created jobs. We invested in research and development
  • We also encouraged homeownership, and in addition to all of that, we also undertook policies that would help the people who were worst-off in society: Medicare, Medicaid, Head Start. Together, these things meant that we created a society that was more equal economically than we had seen in generations.
  • constitutional debates over the economy waned, because the New Dealers won the fight over the Constitution. Debates about economic policy now just moved into regulatory terms. There was no question that the Constitution empowered the federal government to be able to regulate and operate within the economy.
  • The third big factor is the Cold War.
  • After World War II, the contrast is now between capitalism and communism, not between republics and aristocracies. As a result, the egalitarian tradition in America wanes because of the fear of communism.
  • The fear in that period switches from a fear over aristocrats, oligarchs, and plutocrats to a fear of becoming too much like the Soviet Union and too much like the communists.
  • first had a period of about 30 years where things went really well. We had a growing middle class, an expanding middle class; in fact, it was in this period that we first made serious efforts to make our country more inclusive.
  • then, just at that moment, we started turning in a different direction and undermining many of the policies that had actually built the middle class. So over the last generation, we’ve significantly reduced taxes on the wealthy, we’ve abandoned a serious antitrust policy, we’ve started investing less in the things that create a broad middle class—education, infrastructure, research. And the result of all of this was the stagnating middle class
  • One of the important things about having a large middle class for society is that there’s a sense of everyone being part of the shared project. No one’s so different from each other when there’s a large middle class.
  • People don’t have different economic interests, and as a result, they often don't have very different social interests. People send their kids to the same public schools, they live in the same neighborhoods, they shop in the same places, they play on the same sports teams.
  • When the middle class starts to crumble, people increasingly see themselves as different from others. They sort themselves by wealth, by education level, and the result is that there’s an increasing fracturing of society, a loss of the solidarity that comes with having a large middle class
  • throughout our history, you see big divergences between the tradition of inclusion and the tradition of the middle class. In some cases, they overlap.
  • there’s lots of places we could think about this in our Constitution today
  • I think the most interesting moments in our history, though, are when there were people who understood that these two things had to go together, and in fact tried to build movements around them. The Civil Rights Era is a good example
  • One of the most exciting things about writing this book is discovering how often throughout our history people talked about the Constitution in economic terms. Throughout our history there was a deep sense that to have a republic, to have our Constitution work, we had to have economic equality, and that the Constitution in fact relied on this and in some cases even required action from political leaders to fulfill this economic equality.
  • In Reconstruction, in the Jacksonian Era, the populists, the progressives, the New Dealers. Throughout our history, there is a strong tradition of people who believe this.
  • These two things don’t necessarily have to go together.
  • To take a simple example, a case like Citizens United uses the First Amendment in order to stop efforts, it seems, to make our political and economic system more equal by enabling corporations and wealthy people to have outsized power over the political process. We could think about a wide variety of constitutional provisions differently if we took this seriously—the Equal Protection Clause, the First Amendment, the 13th Amendment, which was seen by the Reconstruction Republicans as not just ending slavery but also empowering Congress to create economic opportunity for people who were struggling economically.
  • Even going back to the ancients there was a fear that economic power would turn into political power and undermine the republic. That’s an oligarchy.
  • First, the wealthy start believing that they’re better than everybody else, that they’re more virtuous, that they deserve to govern
  • The second thing that happens is that the wealthy now have different interests than everybody else. The things that are good for them aren’t actually in the common good, so when they do govern, they start pursuing policies that improve their well-being and wealth at the expense of everyone else.
  • the “doom loop of oligarchy”: once you start down this path, it’s very hard to get out of it.
  • The problem with the vicious cycle that leads to oligarchy is that people are smart, and they see it happening, and they know, and they feel that the system is rigged against them. And in that context, people revolt against the system. This doesn’t happen through some sort of mass uprising. What the people do is they look for a leader, they look for someone who will help them overthrow the oligarchy.
  • The threat for unequal republics is on the one hand oligarchy and then on the other hand tyranny. That is a pretty unfortunate fate in either direction.
Javier E

The Wages of Guilt: Memories of War in Germany and Japan (Ian Buruma) - 0 views

  • the main reason why Germans were more trusted by their neighbors was that they were learning, slowly and painfully, and not always fully, to trust themselves.
  • elders, in government and the mass media, still voice opinions about the Japanese war that are unsettling, to say the least. Conservative politicians still pay their annual respects at a shrine where war criminals are officially remembered. Justifications and denials of war crimes are still heard. Too many Japanese in conspicuous places, including the prime minister’s office itself, have clearly not “coped” with the war.
  • unlike Nazi Germany, Japan had no systematic program to destroy the life of every man, woman, and child of a people that, for ideological reasons, was deemed to have no right to exist.
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  • “We never knew,” a common reaction in the 1950s, had worn shamefully thin in the eyes of a younger generation by the 1960s. The extraordinary criminality of a deliberate genocide was so obvious that it left no room for argument.
  • Right-wing nationalists like to cite the absence of a Japanese Holocaust as proof that Japanese have no reason to feel remorse about their war at all. It was, in their eyes, a war like any other; brutal, yes, just as wars fought by all great nations in history have been brutal. In fact, since the Pacific War was fought against Western imperialists, it was a justified—even noble—war of Asian liberation.
  • in the late 1940s or 1950s, a time when most Germans were still trying hard not to remember. It is in fact extraordinary how honestly Japanese novelists and filmmakers dealt with the horrors of militarism in those early postwar years. Such honesty is much less evident now.
  • Popular comic books, aimed at the young, extol the heroics of Japanese soldiers and kamikaze pilots, while the Chinese and their Western allies are depicted as treacherous and belligerent. In 2008, the chief of staff of the Japanese Air Self-Defense Force stated that Japan had been “tricked” into the war by China and the US. In 2013, Prime Minister Abe Shinzo publicly doubted whether Japan’s military aggression in China could even be called an invasion.
  • The fact is that Japan is still haunted by historical issues that should have been settled decades ago. The reasons are political rather than cultural, and have to do with the pacifist constitution—written by American jurists in 1946—and with the imperial institution, absolved of war guilt by General Douglas MacArthur after the war for the sake of expediency.
  • Japan, even under Allied occupation, continued to be governed by much the same bureaucratic and political elite, albeit under a new, more democratic constitution,
  • a number of conservatives felt humiliated by what they rightly saw as an infringement of their national sovereignty. Henceforth, to them, everything from the Allied Tokyo War Crimes Tribunal to the denunciations of Japan’s war record by left-wing teachers and intellectuals would be seen in this light.
  • The more “progressive” Japanese used the history of wartime atrocities as a warning against turning away from pacifism, the more defensive right-wing politicians and commentators became about the Japanese war.
  • Views of history, in other words, were politicized—and polarized—from the beginning.
  • To take the sting out of this confrontation between constitutional pacifists and revisionists, which had led to much political turmoil in the 1950s, mainstream conservatives made a deliberate attempt to distract people’s attention from war and politics by concentrating on economic growth.
  • For several decades, the chauvinistic right wing, with its reactionary views on everything from high school education to the emperor’s status, was kept in check by the sometimes equally dogmatic Japanese left. Marxism was the prevailing ideology of the teachers union and academics.
  • the influence of Marxism waned after the collapse of the Soviet empire in the early 1990s, and the brutal records of Chairman Mao and Pol Pot became widely known.
  • Marginalized in the de facto one-party LDP state and discredited by its own dogmatism, the Japanese left did not just wane, it collapsed. This gave a great boost to the war-justifying right-wing nationalists,
  • Japanese young, perhaps out of boredom with nothing but materialistic goals, perhaps out of frustration with being made to feel guilty, perhaps out of sheer ignorance, or most probably out of a combination of all three, are not unreceptive to these patriotic blandishments.
  • Anxiety about the rise of China, whose rulers have a habit of using Japan’s historical crimes as a form of political blackmail, has boosted a prickly national pride, even at the expense of facing the truth about the past.
  • By 1996, the LDP was back in power, the constitutional issue had not been resolved, and historical debates continue to be loaded with political ideology. In fact, they are not really debates at all, but exercises in propaganda, tilted toward the reactionary side.
  • My instinct—call it a prejudice, if you prefer—before embarking on this venture was that people from distinct cultures still react quite similarly to similar circumstances.
  • The Japanese and the Germans, on the whole, did not behave in the same ways—but then the circumstances, both wartime and postwar, were quite different in the two Germanies and Japan. They still are.
  • Our comic-book prejudices turned into an attitude of moral outrage. This made life easier in a way. It was comforting to know that a border divided us from a nation that personified evil. They were bad, so we must be good. To grow up after the war in a country that had suffered German occupation was to know that one was on the side of the angels.
  • The question that obsessed us was not how we would have acquitted ourselves in uniform, going over the top, running into machine-gun fire or mustard gas, but whether we would have joined the resistance, whether we would have cracked under torture, whether we would have hidden Jews and risked deportation ourselves. Our particular shadow was not war, but occupation.
  • the frightened man who betrayed to save his life, who looked the other way, who grasped the wrong horn of a hideous moral dilemma, interested me more than the hero. This is no doubt partly because I fear I would be much like that frightened man myself. And partly because, to me, failure is more typical of the human condition than heroism.
  • I was curious to learn how Japanese saw the war, how they remembered it, what they imagined it to have been like, how they saw themselves in view of their past. What I heard and read was often surprising to a European:
  • this led me to the related subject of modern Japanese nationalism. I became fascinated by the writings of various emperor worshippers, historical revisionists, and romantic seekers after the unique essence of Japaneseness.
  • Bataan, the sacking of Manila, the massacres in Singapore, these were barely mentioned. But the suffering of the Japanese, in China, Manchuria, the Philippines, and especially in Hiroshima and Nagasaki, was remembered vividly, as was the imprisonment of Japanese soldiers in Siberia after the war. The Japanese have two days of remembrance: August 6, when Hiroshima was bombed, and August 15, the date of the Japanese surrender.
  • The curious thing was that much of what attracted Japanese to Germany before the war—Prussian authoritarianism, romantic nationalism, pseudo-scientific racialism—had lingered in Japan while becoming distinctly unfashionable in Germany. Why?
  • the two peoples saw their own purported virtues reflected in each other: the warrior spirit, racial purity, self-sacrifice, discipline, and so on. After the war, West Germans tried hard to discard this image of themselves. This was less true of the Japanese.
  • Which meant that any residual feelings of nostalgia for the old partnership in Japan were likely to be met with embarrassment in Germany.
  • I have concentrated on the war against the Jews in the case of Germany, since it was that parallel war, rather than, say, the U-boat battles in the Atlantic, or even the battle of Stalingrad, that left the most sensitive scar on the collective memory of (West) Germany.
  • I have emphasized the war in China and the bombing of Hiroshima, for these episodes, more than others, have lodged themselves, often in highly symbolic ways, in Japanese public life.
  • Do Germans perhaps have more reason to mourn? Is it because Japan has an Asian “shame culture,” to quote Ruth Benedict’s phrase, and Germany a Christian “guilt culture”?
  • why the collective German memory should appear to be so different from the Japanese. Is it cultural? Is it political? Is the explanation to be found in postwar history, or in the history of the war itself?
  • the two peoples still have anything in common after the war, it is a residual distrust of themselves.
  • when Michael sees thousands of German peace demonstrators, he does not see thousands of gentle people who have learned their lesson from the past; he sees “100 percent German Protestant rigorism, aggressive, intolerant, hard.”
  • To be betroffen implies a sense of guilt, a sense of shame, or even embarrassment. To be betroffen is to be speechless. But it also implies an idea of moral purity. To be betroffen is one way to “master the past,” to show contriteness, to confess, and to be absolved and purified.
  • In their famous book, written in the sixties, entitled The Inability to Mourn, Alexander and Margarethe Mitscherlich analyzed the moral anesthesia that afflicted postwar Germans who would not face their past. They were numbed by defeat; their memories appeared to be blocked. They would or could not do their labor, and confess. They appeared to have completely forgotten that they had glorified a leader who caused the death of millions.
  • There is something religious about the act of being betroffen, something close to Pietism,
  • heart of Pietism was the moral renovation of the individual, achieved by passing through the anguish of contrition into the overwhelming realization of the assurance of God’s grace.” Pietism served as an antidote to the secular and rational ideas of the French Enlightenment.
  • It began in the seventeenth century with the works of Philipp Jakob Spener. He wanted to reform the Church and bring the Gospel into daily life, as it were, by stressing good works and individual spiritual labor.
  • German television is rich in earnest discussion programs where people sit at round tables and debate the issues of the day. The audience sits at smaller tables, sipping drinks as the featured guests hold forth. The tone is generally serious, but sometimes the arguments get heated. It is easy to laugh at the solemnity of these programs, but there is much to admire about them. It is partly through these talk shows that a large number of Germans have become accustomed to political debate.
  • There was a real dilemma: at least two generations had been educated to renounce war and never again to send German soldiers to the front, educated, in other words, to want Germany to be a larger version of Switzerland. But they had also been taught to feel responsible for the fate of Israel, and to be citizens of a Western nation, firmly embedded in a family of allied Western nations. The question was whether they really could be both.
  • the Gulf War showed that German pacifism could not be dismissed simply as anti-Americanism or a rebellion against Adenauer’s West.
  • the West German mistrust of East Germans—the East Germans whose soldiers still marched in goose step, whose petit bourgeois style smacked of the thirties, whose system of government, though built on a pedestal of antifascism, contained so many disturbing remnants of the Nazi past; the East Germans, in short, who had been living in “Asia.”
  • Michael, the Israeli, compared the encounter of Westerners (“Wessies”) with Easterners (“Ossies”) with the unveiling of the portrait of Dorian Gray: the Wessies saw their own image and they didn’t like what they saw.
  • he added: “I also happen to think Japanese and Germans are racists.”
  • Germany for its Nazi inheritance and its sellout to the United States. But now that Germany had been reunified, with its specters of “Auschwitz” and its additional hordes of narrow-minded Ossies, Adenauer was deemed to have been right after
  • The picture was of Kiel in 1945, a city in ruins. He saw me looking at it and said: “It’s true that whoever is being bombed is entitled to some sympathy from us.”
  • “My personal political philosophy and maybe even my political ambition has to do with an element of distrust for the people I represent, people whose parents and grandparents made Hitler and the persecution of the Jews possible.”
  • in the seventies he had tried to nullify verdicts given in Nazi courts—without success until well into the eighties. One of the problems was that the Nazi judiciary itself was never purged. This continuity was broken only by time.
  • To bury Germany in the bosom of its Western allies, such as NATO and the EC, was to bury the distrust of Germans. Or so it was hoped. As Europeans they could feel normal, Western, civilized. Germany; the old “land in the middle,” the Central European colossus, the power that fretted over its identity and was haunted by its past, had become a Western nation.
  • It is a miracle, really, how quickly the Germans in the Federal Republic became civilized. We are truly part of the West now. We have internalized democracy. But the Germans of the former GDR, they are still stuck in a premodern age. They are the ugly Germans, very much like the West Germans after the war, the people I grew up with. They are not yet civilized.”
  • “I like the Germans very much, but I think they are a dangerous people. I don’t know why—perhaps it is race, or culture, or history. Whatever. But we Japanese are the same: we swing from one extreme to the other. As peoples, we Japanese, like the Germans, have strong collective discipline. When our energies are channeled in the right direction, this is fine, but when they are misused, terrible things happen.”
  • to be put in the same category as the Japanese—even to be compared—bothered many Germans. (Again, unlike the Japanese, who made the comparison often.) Germans I met often stressed how different they were from the Japanese,
  • To some West Germans, now so “civilized,” so free, so individualistic, so, well, Western, the Japanese, with their group discipline, their deference to authority, their military attitude toward work, might appear too close for comfort to a self-image only just, and perhaps only barely, overcome.
  • To what extent the behavior of nations, like that of individual people, is determined by history, culture, or character is a question that exercises many Japanese, almost obsessively.
  • not much sign of betroffenheit on Japanese television during the Gulf War. Nor did one see retired generals explain tactics and strategy. Instead, there were experts from journalism and academe talking in a detached manner about a faraway war which was often presented as a cultural or religious conflict between West and Middle East. The history of Muslim-Christian-Jewish animosity was much discussed. And the American character was analyzed at length to understand the behavior of George Bush and General Schwarzkopf.
  • In the words of one Albrecht Fürst von Urach, a Nazi propagandist, Japanese emperor worship was “the most unique fusion in the world of state form, state consciousness, and religious fanaticism.” Fanaticism was, of course, a positive word in the Nazi lexicon.
  • the identity question nags in almost any discussion about Japan and the outside world. It
  • It was a respectable view, but also one founded on a national myth of betrayal. Japan, according to the myth, had become the unique moral nation of peace, betrayed by the victors who had sat in judgment of Japan’s war crimes; betrayed in Vietnam, in Afghanistan, in Nicaragua; betrayed by the arms race, betrayed by the Cold War; Japan had been victimized not only by the “gratuitous,” perhaps even “racist,” nuclear attacks on Hiroshima and Nagasaki, but by all subsequent military actions taken by the superpowers,
  • When the Prime Minister of Japan, Shidehara Kijuro, protested in 1946 to General MacArthur that it was all very well saying that Japan should assume moral leadership in renouncing war, but that in the real world no country would follow this example, MacArthur replied: “Even if no country follows you, Japan will lose nothing. It is those who do not support this who are in the wrong.” For a long time most Japanese continued to take this view.
  • What is so convenient in the cases of Germany and Japan is that pacifism happens to be a high-minded way to dull the pain of historical guilt. Or, conversely, if one wallows in it, pacifism turns national guilt into a virtue, almost a mark of superiority, when compared to the complacency of other nations.
  • The denial of historical discrimination is not just a way to evade guilt. It is intrinsic to pacifism. To even try to distinguish between wars, to accept that some wars are justified, is already an immoral position.
  • That Kamei discussed this common paranoia in such odd, Volkish terms could mean several things: that some of the worst European myths got stuck in Japan, that the history of the Holocaust had no impact, or that Japan is in some respects a deeply provincial place. I think all three explanations apply.
  • “the problem with the U.S.-Japan relationship is difficult. A racial problem, really. Yankees are friendly people, frank people. But, you know, it’s hard. You see, we have to be friendly …”
  • Like Oda, indeed like many people of the left, Kamei thought in racial terms. He used the word jinshu, literally race. He did not even use the more usual minzoku, which corresponds, in the parlance of Japanese right-wingers, to Volk, or the more neutral kokumin, meaning the citizens of a state.
  • many Germans in the liberal democratic West have tried to deal honestly with their nation’s terrible past, the Japanese, being different, have been unable to do so. It is true that the Japanese, compared with the West Germans, have paid less attention to the suffering they inflicted on others, and shown a greater inclination to shift the blame. And liberal democracy, whatever it may look like on paper, has not been the success in Japan that it was in the German Federal Republic. Cultural differences might account for this. But one can look at these matters in a different, more political way. In his book The War Against the West, published in London in 1938, the Hungarian scholar Aurel Kolnai followed the Greeks in his definition of the West: “For the ancient Greeks ‘the West’ (or ‘Europe’) meant society with a free constitution and self-government under recognized rules, where ‘law is king,’ whereas the ‘East’ (or ‘Asia’) signified theocratic societies under godlike rulers whom their subjects serve ‘like slaves.’
  • According to this definition, both Hitler’s Germany and prewar Japan were of the East.
  • There was a great irony here: in their zeal to make Japan part of the West, General MacArthur and his advisers made it impossible for Japan to do so in spirit. For a forced, impotent accomplice is not really an accomplice at all.
  • In recent years, Japan has often been called an economic giant and a political dwarf. But this has less to do with a traditional Japanese mentality—isolationism, pacifism, shyness with foreigners, or whatnot—than with the particular political circumstances after the war that the United States helped to create.
  • when the Cold War prompted the Americans to make the Japanese subvert their constitution by creating an army which was not supposed to exist, the worst of all worlds appeared: sovereignty was not restored, distrust remained, and resentment mounted.
  • Kamei’s hawks are angry with the Americans for emasculating Japan; Oda’s doves hate the Americans for emasculating the “peace constitution.” Both sides dislike being forced accomplices, and both feel victimized, which is one reason Japanese have a harder time than Germans in coming to terms with their wartime past.
  • As far as the war against the Jews is concerned, one might go back to 1933, when Hitler came to power. Or at the latest to 1935, when the race laws were promulgated in Nuremberg. Or perhaps those photographs of burning synagogues on the night of November 9, 1938, truly marked the first stage of the Holocaust.
  • There is the famous picture of German soldiers lifting the barrier on the Polish border in 1939, but was that really the beginning? Or did it actually start with the advance into the Rhineland in 1936, or was it the annexation of the Sudetenland, or Austria, or Czechoslovakia?
  • IT IS DIFFICULT TO SAY when the war actually began for the Germans and the Japanese. I cannot think of a single image that fixed the beginning of either war in the public mind.
  • Possibly to avoid these confusions, many Germans prefer to talk about the Hitlerzeit (Hitler era) instead of “the war.”
  • only Japanese of a liberal disposition call World War II the Pacific War. People who stick to the idea that Japan was fighting a war to liberate Asia from Bolshevism and white colonialism call it the Great East Asian War (Daitowa Senso), as in the Great East Asian Co-Prosperity Sphere.
  • The German equivalent, I suppose, would be the picture of Soviet soldiers raising their flag on the roof of the gutted Reichstag in Berlin.
  • People of this opinion separate the world war of 1941–45 from the war in China, which they still insist on calling the China Incident.
  • Liberals and leftists, on the other hand, tend to splice these wars together and call them the Fifteen-Year War (1931–45).
  • images marking the end are more obvious.
  • argued that the struggle against Western imperialism actually began in 1853, with the arrival in Japan of Commodore Perry’s ships, and spoke of the Hundred-Year War.
  • These are among the great clichés of postwar Japan: shorthand for national defeat, suffering, and humiliation.
  • The Germans called it Zusammenbruch (the collapse) or Stunde Null (Zero Hour): everything seemed to have come to an end, everything had to start all over. The Japanese called it haisen (defeat) or shusen (termination of the war).
  • kokka (nation, state) and minzoku (race, people) are not quite of the same order as Sonderbehandlung (special treatment) or Einsatzgruppe (special action squad). The jargon of Japanese imperialism was racist and overblown, but it did not carry the stench of death camps.
  • The German people are spiritually starved, Adenauer told him. “The imagination has to be provided for.” This was no simple matter, especially in the German language, which had been so thoroughly infected by the jargon of mass murder.
  • All they had been told to believe in, the Germans and the Japanese, everything from the Führerprinzip to the emperor cult, from the samurai spirit to the Herrenvolk, from Lebensraum to the whole world under one (Japanese) roof, all that lay in ruins
  • How to purge this language from what a famous German philologist called the Lingua Tertii Imperii? “… the language is no longer lived,” wrote George Steiner in 1958, “it is merely spoken.”
  • out of defeat and ruin a new school of literature (and cinema) did arise. It is known in Germany as Trümmerliteratur (literature of the ruins). Japanese writers who came of age among the ruins called themselves the yakeato seidai (burnt-out generation). Much literature of the late forties and fifties was darkened by nihilism and despair.
  • It was as though Germany—Sonderweg or no Sonderweg—needed only to be purged of Nazism, while Japan’s entire cultural tradition had to be overhauled.
  • In Germany there was a tradition to fall back on. In the Soviet sector, the left-wing culture of the Weimar Republic was actively revived. In the Western sectors, writers escaped the rats and the ruins by dreaming of Goethe. His name was often invoked to prove that Germany, too, belonged to the humanist, enlightened strain of European civilization.
  • the Americans (and many Japanese leftists) distrusted anything associated with “feudalism,” which they took to include much of Japan’s premodern past. Feudalism was the enemy of democracy. So not only did the American censors, in their effort to teach the Japanese democracy, forbid sword-fight films and samurai dramas, but at one point ninety-eight Kabuki plays were banned too.
  • yet, what is remarkable about much of the literature of the period, or more precisely, of the literature about that time, since much of it was written later, is the deep strain of romanticism, even nostalgia. This colors personal memories of people who grew up just after the war as well.
  • If the mushroom cloud and the imperial radio speech are the clichés of defeat, the scene of an American soldier (usually black) raping a Japanese girl (always young, always innocent), usually in a pristine rice field (innocent, pastoral Japan), is a stock image in postwar movies about the occupation.
  • To Ango, then, as to other writers, the ruins offered hope. At last the Japanese, without “the fake kimono” of traditions and ideals, were reduced to basic human needs; at last they could feel real love, real pain; at last they would be honest. There was no room, among the ruins, for hypocrisy.
  • Böll was able to be precise about the end of the Zusammenbruch and the beginning of bourgeois hypocrisy and moral amnesia. It came on June 20, 1948, the day of the currency reform, the day that Ludwig Erhard, picked by the Americans as Economics Director in the U.S.-British occupation zone, gave birth to the Deutsche Mark. The DM, from then on, would be the new symbol of West German national pride;
  • the amnesia, and definitely the identification with the West, was helped further along by the Cold War. West Germany now found itself on the same side as the Western allies. Their common enemy was the “Asiatic” Soviet empire. Fewer questions needed to be asked.
  • Indeed, to some people the Cold War simply confirmed what they had known all along: Germany always had been on the right side, if only our American friends had realized it earlier.
  • The process of willed forgetfulness culminated in the manic effort of reconstruction, in the great rush to prosperity.
  • “Prosperity for All” was probably the best that could have happened to the Germans of the Federal Republic. It took the seed of resentment (and thus future extremism) out of defeat. And the integration of West Germany into a Western alliance was a good thing too.
  • The “inability to mourn,” the German disassociation from the piles of corpses strewn all over Central and Eastern Europe, so that the Third Reich, as the Mitscherlichs put it, “faded like a dream,” made it easier to identify with the Americans, the victors, the West.
  • Yet the disgust felt by Böll and others for a people getting fat (“flabby” is the usual term, denoting sloth and decadence) and forgetting about its murderous past was understandable.
  • The Brückners were the price Germany had to pay for the revival of its fortunes. Indeed, they were often instrumental in it. They were the apparatchik who functioned in any system, the small, efficient fish who voted for Christian conservatives in the West and became Communists in the East.
  • Staudte was clearly troubled by this, as were many Germans, but he offered no easy answers. Perhaps it was better this way: flabby democrats do less harm than vengeful old Nazis.
  • the forgetful, prosperous, capitalist Federal Republic of Germany was in many more or less hidden ways a continuation of Hitler’s Reich. This perfectly suited the propagandists of the GDR, who would produce from time to time lists of names of former Nazis who were prospering in the West. These lists were often surprisingly accurate.
  • In a famous film, half fiction, half documentary, made by a number of German writers and filmmakers (including Böll) in 1977, the continuity was made explicit. The film, called Germany in Autumn (Deutschland in Herbst),
  • Rainer Werner Fassbinder was one of the participants in this film. A year later he made The Marriage of Maria Braun.
  • To lifelong “antifascists” who had always believed that the Federal Republic was the heir to Nazi Germany, unification seemed—so they said—almost like a restoration of 1933. The irony was that many Wessies saw their new Eastern compatriots as embarrassing reminders of the same unfortunate past.
  • Rarely was the word “Auschwitz” heard more often than during the time of unification, partly as an always salutary reminder that Germans must not forget, but partly as an expression of pique that the illusion of a better, antifascist, anticapitalist, idealistic Germany, born in the ruins of 1945, and continued catastrophically for forty years in the East, had now been dashed forever.
  • Ludwig Erhard’s almost exact counterpart in Japan was Ikeda Hayato, Minister of Finance from 1949 and Prime Minister from 1960 to 1964. His version of Erhard’s “Prosperity for AH” was the Double Your Incomes policy, which promised to make the Japanese twice as rich in ten years. Japan had an average growth rate of 11 percent during the 1960s.
  • It explains, at any rate, why the unification of the two Germanys was considered a defeat by antifascists on both sides of the former border.
  • Very few wartime bureaucrats had been purged. Most ministries remained intact. Instead it was the Communists, who had welcomed the Americans as liberators, who were purged after 1949, the year China was “lost.”
  • so the time of ruins was seen by people on the left as a time of missed chances and betrayal. Far from achieving a pacifist utopia of popular solidarity, they ended up with a country driven by materialism, conservatism, and selective historical amnesia.
  • the “red purges” of 1949 and 1950 and the return to power of men whose democratic credentials were not much better helped to turn many potential Japanese friends of the United States into enemies. For the Americans were seen as promoters of the right-wing revival and the crackdown on the left.
  • For exactly twelve years Germany was in the hands of a criminal regime, a bunch of political gangsters who had started a movement. Removing this regime was half the battle.
  • It is easier to change political institutions and hope that habits and prejudices will follow. This, however, was more easily done in Germany than in Japan.
  • There had not been a cultural break either in Japan. There were no exiled writers and artists who could return to haunt the consciences of those who had stayed.
  • There was no Japanese Thomas Mann or Alfred Döblin. In Japan, everyone had stayed.
  • In Japan there was never a clear break between a fascist and a prefascist past. In fact, Japan was never really a fascist state at all. There was no fascist or National Socialist ruling party, and no Führer either. The closest thing to it would have been the emperor, and whatever else he may have been, he was not a fascist dictator.
  • whereas after the war Germany lost its Nazi leaders, Japan lost only its admirals and generals.
  • Japan was effectively occupied only by the Americans. West Germany was part of NATO and the European Community, and the GDR was in the Soviet empire. Japan’s only formal alliance is with the United States, through a security treaty that many Japanese have opposed.
  • But the systematic subservience of Japan meant that the country never really grew up. There is a Japanese fixation on America, an obsession which goes deeper, I believe, than German anti-Americanism,
  • Yet nothing had stayed entirely the same in Japan. The trouble was that virtually all the changes were made on American orders. This was, of course, the victor’s prerogative, and many changes were beneficial.
  • like in fiction. American Hijiki, a novella by Nosaka Akiyuki, is, to my mind, a masterpiece in the short history of Japanese Trümmerliteratur.
  • Older Japanese do, however, remember the occupation, the first foreign army occupation in their national history. But it was, for the Japanese, a very unusual army. Whereas the Japanese armies in Asia had brought little but death, rape, and destruction, this one came with Glenn Miller music, chewing gum, and lessons in democracy. These blessings left a legacy of gratitude, rivalry, and shame.
  • did these films teach the Japanese democracy? Oshima thinks not. Instead, he believes, Japan learned the values of “progress” and “development.” Japan wanted to be just as rich as America—no, even richer:
  • think it is a romantic assumption, based less on history than on myth; a religious notion, expressed less through scholarship than through monuments, memorials, and historical sites turned into sacred grounds.
  • The past, wrote the West German historian Christian Meier, is in our bones. “For a nation to appropriate its history,” he argued, “is to look at it through the eyes of identity.” What we have “internalized,” he concluded, is Auschwitz.
  • Auschwitz is such a place, a sacred symbol of identity for Jews, Poles, and perhaps even Germans. The question is what or whom Germans are supposed to identify with.
  • The idea that visiting the relics of history brings the past closer is usually an illusion. The opposite is more often true.
  • To visit the site of suffering, any description of which cannot adequately express the horror, is upsetting, not because one gets closer to knowing what it was actually like to be a victim, but because such visits stir up emotions one cannot trust. It is tempting to take on the warm moral glow of identification—so easily done and so presumptuous—with the victims:
  • Were the crimes of Auschwitz, then, part of the German “identity”? Was genocide a product of some ghastly flaw in German culture, the key to which might be found in the sentimental proverbs, the cruel fairy tales, the tight leather shorts?
  • yet the imagination is the only way to identify with the past. Only in the imagination—not through statistics, documents, or even photographs—do people come alive as individuals, do stories emerge, instead of History.
  • nature. It is all right to let the witnesses speak, in the courtroom, in the museums, on videotape (Claude Lanzmann’s Shoah has been shown many times on German television), but it is not all right for German artists to use their imagination.
  • the reluctance in German fiction to look Auschwitz in the face, the almost universal refusal to deal with the Final Solution outside the shrine, the museum, or the schoolroom, suggests a fear of committing sacrilege.
  • beneath the fear of bad taste or sacrilege may lie a deeper problem. To imagine people in the past as people of flesh and blood, not as hammy devils in silk capes, is to humanize them. To humanize is not necessarily to excuse or to sympathize, but it does demolish the barriers of abstraction between us and them. We could, under certain circumstances, have been them.
  • the flight into religious abstraction was to be all too common among Germans of the Nazi generation, as well as their children; not, as is so often the case with Jews, to lend mystique to a new identity, as a patriotic Zionist, but on the contrary to escape from being the heir to a peculiarly German crime, to get away from having to “internalize” Auschwitz, or indeed from being German at all.
  • a Hollywood soap opera, a work of skillful pop, which penetrated the German imagination in a way nothing had before. Holocaust was first shown in Germany in January 1979. It was seen by 20 million people, about half the adult population of the Federal Republic; 58 percent wanted it to be repeated; 12,000 letters, telegrams, and postcards were sent to the broadcasting stations; 5,200 called the stations by telephone after the first showing; 72.5 percent were positive, 7.3 percent negative.
  • “After Holocaust,” wrote a West German woman to her local television station, “I feel deep contempt for those beasts of the Third Reich. I am twenty-nine years old and a mother of three children. When I think of the many mothers and children sent to the gas chambers, I have to cry. (Even today the Jews are not left in peace. We Germans have the duty to work every day for peace in Israel.) I bow to the victims of the Nazis, and I am ashamed to be a German.”
  • Auschwitz was a German crime, to be sure. “Death is a master from Germany.” But it was a different Germany. To insist on viewing history through the “eyes of identity,” to repeat the historian Christian Meier’s phrase, is to resist the idea of change.
  • Is there no alternative to these opposing views? I believe there is.
  • The novelist Martin Walser, who was a child during the war, believes, like Meier, that Auschwitz binds the German people, as does the language of Goethe. When a Frenchman or an American sees pictures of Auschwitz, “he doesn’t have to think: We human beings! He can think: Those Germans! Can we think: Those Nazis! I for one cannot …”
  • Adorno, a German Jew who wished to save high German culture, on whose legacy the Nazis left their bloody finger marks, resisted the idea that Auschwitz was a German crime. To him it was a matter of modern pathology, the sickness of the “authoritarian personality,” of the dehumanized SS guards, those inhumane cogs in a vast industrial wheel.
  • To the majority of Japanese, Hiroshima is the supreme symbol of the Pacific War. All the suffering of the Japanese people is encapsulated in that almost sacred word: Hiroshima. But it is more than a symbol of national martyrdom; Hiroshima is a symbol of absolute evil, often compared to Auschwitz.
  • has the atmosphere of a religious center. It has martyrs, but no single god. It has prayers, and it has a ready-made myth about the fall of man. Hiroshima, says a booklet entitled Hiroshima Peace Reader, published by the Hiroshima Peace Culture Foundation, “is no longer merely a Japanese city. It has become recognized throughout the world as a Mecca of world peace.”
  • They were not enshrined in the Japanese park, and later attempts by local Koreans to have the monument moved into Peace Park failed. There could only be one cenotaph, said the Hiroshima municipal authorities. And the cenotaph did not include Koreans.
  • What is interesting about Hiroshima—the Mecca rather than the modern Japanese city, which is prosperous and rather dull—is the tension between its universal aspirations and its status as the exclusive site of Japanese victimhood.
  • it is an opinion widely held by Japanese nationalists. The right always has been concerned with the debilitating effects on the Japanese identity of war guilt imposed by American propaganda.
  • The Japanese, in contrast, were duped by the Americans into believing that the traces of Japanese suffering should be swept away by the immediate reconstruction of Hiroshima. As a result, the postwar Japanese lack an identity and their racial virility has been sapped by American propaganda about Japanese war guilt.
  • Hiroshima, Uno wrote, should have been left as it was, in ruins, just as Auschwitz, so he claims, was deliberately preserved by the Jews. By reminding the world of their martyrdom, he said, the Jews have kept their racial identity intact and restored their virility.
  • But the idea that the bomb was a racist experiment is less plausible, since the bomb was developed for use against Nazi Germany.
  • There is another view, however, held by leftists and liberals, who would not dream of defending the “Fifteen-Year War.” In this view, the A-bomb was a kind of divine punishment for Japanese militarism. And having learned their lesson through this unique suffering, having been purified through hellfire and purgatory, so to speak, the Japanese people have earned the right, indeed have the sacred duty, to sit in judgment of others, specifically the United States, whenever they show signs of sinning against the “Hiroshima spirit.”
  • The left has its own variation of Japanese martyrdom, in which Hiroshima plays a central role. It is widely believed, for instance, that countless Japanese civilians fell victim to either a wicked military experiment or to the first strike in the Cold War, or both.
  • However, right-wing nationalists care less about Hiroshima than about the idée fixe that the “Great East Asian War” was to a large extent justified.
  • This is at the heart of what is known as Peace Education, which has been much encouraged by the leftist Japan Teachers’ Union and has been regarded with suspicion by the conservative government. Peace Education has traditionally meant pacifism, anti-Americanism, and a strong sympathy for Communist states, especially China.
  • The A-bomb, in this version, was dropped to scare the Soviets away from invading Japan. This at least is an arguable position.
  • left-wing pacifism in Japan has something in common with the romantic nationalism usually associated with the right: it shares the right’s resentment about being robbed by the Americans of what might be called a collective memory.
  • The romantic pacifists believe that the United States, to hide its own guilt and to rekindle Japanese militarism in aid of the Cold War, tried to wipe out the memory of Hiroshima.
  • few events in World War II have been described, analyzed, lamented, reenacted, re-created, depicted, and exhibited so much and so often as the bombing of Hiroshima
  • The problem with Nagasaki was not just that Hiroshima came first but also that Nagasaki had more military targets than Hiroshima. The Mitsubishi factories in Nagasaki produced the bulk of Japanese armaments. There was also something else, which is not often mentioned: the Nagasaki bomb exploded right over the area where outcasts and Christians lived. And unlike in Hiroshima, much of the rest of the city was spared the worst.
  • yet, despite these diatribes, the myth of Hiroshima and its pacifist cult is based less on American wickedness than on the image of martyred innocence and visions of the apocalypse.
  • The comparison between Hiroshima and Auschwitz is based on this notion; the idea, namely, that Hiroshima, like the Holocaust, was not part of the war, not even connected with it, but “something that occurs at the end of the world
  • still I wonder whether it is really so different from the position of many Germans who wish to “internalize” Auschwitz, who see Auschwitz “through the eyes of identity.”
  • the Japanese to take two routes at once, a national one, as unique victims of the A-bomb, and a universal one, as the apostles of the Hiroshima spirit. This, then, is how Japanese pacifists, engaged in Peace Education, define the Japanese identity.
  • the case for Hiroshima is at least open to debate. The A-bomb might have saved lives; it might have shortened the war. But such arguments are incompatible with the Hiroshima spirit.
  • In either case, nationality has come to be based less on citizenship than on history, morality, and a religious spirit.
  • The problem with this quasi-religious view of history is that it makes it hard to discuss past events in anything but nonsecular terms. Visions of absolute evil are unique, and they are beyond human explanation or even comprehension. To explain is hubristic and amoral.
  • in the history of Japan’s foreign wars, the city of Hiroshima is far from innocent. When Japan went to war with China in 1894, the troops set off for the battlefronts from Hiroshima, and the Meiji emperor moved his headquarters there. The city grew wealthy as a result. It grew even wealthier when Japan went to war with Russia eleven years later, and Hiroshima once again became the center of military operations. As the Hiroshima Peace Reader puts it with admirable conciseness, “Hiroshima, secure in its position as a military city, became more populous and prosperous as wars and incidents occurred throughout the Meiji and Taisho periods.” At the time of the bombing, Hiroshima was the base of the Second General Headquarters of the Imperial Army (the First was in Tokyo). In short, the city was swarming with soldiers. One of the few literary masterpieces to emerge
  • when a local group of peace activists petitioned the city of Hiroshima in 1987 to incorporate the history of Japanese aggression into the Peace Memorial Museum, the request was turned down. The petition for an “Aggressors’ Corner” was prompted by junior high school students from Osaka, who had embarrassed Peace Museum officials by asking for an explanation about Japanese responsibility for the war.
  • Yukoku Ishinkai (Society for Lament and National Restoration), thought the bombing had saved Japan from total destruction. But he insisted that Japan could not be held solely responsible for the war. The war, he said, had simply been part of the “flow of history.”
  • They also demanded an official recognition of the fact that some of the Korean victims of the bomb had been slave laborers. (Osaka, like Kyoto and Hiroshima, still has a large Korean population.) Both requests were denied. So a group called Peace Link was formed, from local people, many of whom were Christians, antinuclear activists, or involved with discriminated-against minorities.
  • The history of the war, or indeed any history, is indeed not what the Hiroshima spirit is about. This is why Auschwitz is the only comparison that is officially condoned. Anything else is too controversial, too much part of the “flow of history.”
  • “You see, this museum was not really intended to be a museum. It was built by survivors as a place of prayer for the victims and for world peace. Mankind must build a better world. That is why Hiroshima must persist. We must go back to the basic roots. We must think of human solidarity and world peace. Otherwise we just end up arguing about history.”
  • Only when a young Japanese history professor named Yoshimi Yoshiaki dug up a report in American archives in the 1980s did it become known that the Japanese had stored 15,000 tons of chemical weapons on and near the island and that a 200-kilogram container of mustard gas was buried under Hiroshima.
  • what was the largest toxic gas factory in the Japanese Empire. More than 5,000 people worked there during the war, many of them women and schoolchildren. About 1,600 died of exposure to hydrocyanic acid gas, nausea gas, and lewisite. Some were damaged for life. Official Chinese sources claim that more than 80,000 Chinese fell victim to gases produced at the factory. The army was so secretive about the place that the island simply disappeared from Japanese maps.
  • in 1988, through the efforts of survivors, the small museum was built, “to pass on,” in the words of the museum guide, “the historical truth to future generations.”
  • Surviving workers from the factory, many of whom suffered from chronic lung diseases, asked for official recognition of their plight in the 1950s. But the government turned them down. If the government had compensated the workers, it would have been an official admission that the Japanese Army had engaged in an illegal enterprise. When a brief mention of chemical warfare crept into Japanese school textbooks, the Ministry of Education swiftly took it out.
  • I asked him about the purpose of the museum. He said: “Before shouting ‘no more war,’ I want people to see what it was really like. To simply look at the past from the point of view of the victim is to encourage hatred.”
  • “Look,” he said, “when you fight another man, and hit him and kick him, he will hit and kick back. One side will win. How will this be remembered? Do we recall that we were kicked, or that we started the kicking ourselves? Without considering this question, we cannot have peace.”
  • The fact that Japanese had buried poison gas under Hiroshima did not lessen the horror of the A-bomb. But it put Peace Park, with all its shrines, in a more historical perspective. It took the past away from God and put it in the fallible hands of man.
  • What did he think of the Peace Museum in Hiroshima? “At the Hiroshima museum it is easy to feel victimized,” he said. “But we must realize that we were aggressors too. We were educated to fight for our country. We made toxic gas for our country. We lived to fight the war. To win the war was our only goal.”
  • Nanking, as the capital of the Nationalist government, was the greatest prize in the attempted conquest of China. Its fall was greeted in Japan with banner headlines and nationwide celebration. For six weeks Japanese Army officers allowed their men to run amok. The figures are imprecise, but tens of thousands, perhaps hundreds of thousands (the Chinese say 300,000) of Chinese soldiers and civilians, many of them refugees from other towns, were killed. And thousands of women between the ages of about nine and seventy-five were raped, mutilated, and often murdered.
  • Was it a deliberate policy to terrorize the Chinese into submission? The complicity of the officers suggests there was something to this. But it might also have been a kind of payoff to the Japanese troops for slogging through China in the freezing winter without decent pay or rations. Or was it largely a matter of a peasant army running out of control? Or just the inevitable consequence of war, as many Japanese maintain?
  • inevitable cruelty of war. An atrocity is a willful act of criminal brutality, an act that violates the law as well as any code of human decency. It isn’t that the Japanese lack such codes or are morally incapable of grasping the concept. But “atrocity,” like “human rights,” is part of a modern terminology which came from the West, along with “feminism,” say, or “war crimes.” To right-wing nationalists it has a leftist ring, something subversive, something almost anti-Japanese.
  • During the Tokyo War Crimes Tribunal, Nanking had the same resonance as Auschwitz had in Nuremberg. And being a symbol, the Nanking Massacre is as vulnerable to mythology and manipulation as Auschwitz and Hiroshima.
  • Mori’s attitude also raises doubts about Ruth Benedict’s distinction between Christian “guilt culture” and Confucian “shame culture.”
  • In her opinion, a “society that inculcates absolute standards of morality and relies on man’s developing a conscience is a guilt culture by definition …” But in “a culture where shame is a major sanction, people are chagrined about acts which we expect people to feel guilty about.” However, this “chagrin cannot be relieved, as guilt can be, by confession and atonement …”
  • memory was admitted at all, the Mitscherlichs wrote about Germans in the 1950s, “it was only in order to balance one’s own guilt against that of others. Many horrors had been unavoidable, it was claimed, because they had been dictated by crimes committed by the adversary.” This was precisely what many Japanese claimed, and still do claim. And it is why Mori insists on making his pupils view the past from the perspective of the aggressors.
  • Two young Japanese officers, Lieutenant N. and Lieutenant M., were on their way to Nanking and decided to test their swordsmanship: the first to cut off one hundred Chinese heads would be the winner. And thus they slashed their way through Chinese ranks, taking scalps in true samurai style. Lieutenant M. got 106, and Lieutenant N. bagged 105.
  • The story made a snappy headline in a major Tokyo newspaper: “Who Will Get There First! Two Lieutenants Already Claimed 80.” In the Nanking museum is a newspaper photograph of the two friends, glowing with youthful high spirits. Lieutenant N. boasted in the report that he had cut the necks off 56 men without even denting the blade of his ancestral sword.
  • I was told by a Japanese veteran who had fought in Nanking that such stories were commonly made up or at least exaggerated by Japanese reporters, who were ordered to entertain the home front with tales of heroism.
  • Honda Katsuichi, a famous Asahi Shimbun reporter, was told the story in Nanking. He wrote it up in a series of articles, later collected in a book entitled A Journey to China, published in 1981.
  • the whole thing developed into the Nankin Ronso, or Nanking Debate. In 1984, an anti-Honda book came out, by Tanaka Masaaki, entitled The Fabrication of the “Nanking Massacre.”
  • back in Japan, Lieutenant M. began to revise his story. Speaking at his old high school, he said that in fact he had beheaded only four or five men in actual combat. As for the rest … “After we occupied the city, I stood facing a ditch, and told the Chinese prisoners to step forward. Since Chinese soldiers are stupid, they shuffled over to the ditch, one by one, and I cleanly cut off their heads.”
  • The nationalist intellectuals are called goyo gakusha by their critics. It is a difficult term to translate, but the implied meaning is “official scholars,” who do the government’s bidding.
  • the debate on the Japanese war is conducted almost entirely outside Japanese universities, by journalists, amateur historians, political columnists, civil rights activists, and so forth. This means that the zanier theories of the likes of Tanaka…
  • The other reason was that modern history was not considered academically respectable. It was too fluid, too political, too controversial. Until 1955, there was not one modern historian on the staff of Tokyo University. History stopped around the middle of the nineteenth century. And even now, modern…
  • In any case, so the argument invariably ends, Hiroshima, having been planned in cold blood, was a far worse crime. “Unlike in Europe or China,” writes Tanaka, “you won’t find one instance of planned, systematic murder in the entire history of Japan.” This is because the Japanese…
  • One reason is that there are very few modern historians in Japan. Until the end of the war, it would have been dangerously subversive, even blasphemous, for a critical scholar to write about modern…
  • they have considerable influence on public opinion, as television commentators, lecturers, and contributors to popular magazines. Virtually none of them are professional historians.
  • Tanaka and others have pointed out that it is physically impossible for one man to cut off a hundred heads with one blade, and that for the same reason Japanese troops could never have…
  • Besides, wrote Tanaka, none of the Japanese newspapers reported any massacre at the time, so why did it suddenly come up…
  • He admits that a few innocent people got killed in the cross fire, but these deaths were incidental. Some soldiers were doubtless a bit rough, but…
  • even he defends an argument that all the apologists make too: “On the battlefield men face the ultimate extremes of human existence, life or death. Extreme conduct, although still ethically…
  • atrocities carried out far from the battlefield dangers and imperatives and according to a rational plan were acts of evil barbarism. The Auschwitz gas chambers of our ‘ally’ Germany and the atomic bombing of our…
  • The point that it was not systematic was made by leftist opponents of the official scholars too. The historian Ienaga Saburo, for example, wrote that the Nanking Massacre, whose scale and horror he does not deny, “may have been a reaction to the fierce Chinese resistance after the Shanghai fighting.” Ienaga’s…
  • The nationalist right takes the opposite view. To restore the true identity of Japan, the emperor must be reinstated as a religious head of state, and Article Nine must be revised to make Japan a legitimate military power again. For this reason, the Nanking Massacre, or any other example of extreme Japanese aggression, has to be ignored, softened, or denied.
  • the question remains whether the raping and killing of thousands of women, and the massacre of thousands, perhaps hundreds of thousands, of other unarmed people, in the course of six weeks, can still be called extreme conduct in the heat of battle. The question is pertinent, particularly when such extreme violence is justified by an ideology which teaches the aggressors that killing an inferior race is in accordance with the will of their divine emperor.
  • The politics behind the symbol are so divided and so deeply entrenched that it hinders a rational historical debate about what actually happened in 1937. The more one side insists on Japanese guilt, the more the other insists on denying it.
  • The Nanking Massacre, for leftists and many liberals too, is the main symbol of Japanese militarism, supported by the imperial (and imperialist) cult. Which is why it is a keystone of postwar pacifism. Article Nine of the constitution is necessary to avoid another Nanking Massacre.
  • The Japanese, he said, should see their history through their own eyes, for “if we rely on the information of aliens and alien countries, who use history for the sake of propaganda, then we are in danger of losing the sense of our own history.” Yet another variation of seeing history through the eyes of identity.
  • their emotions were often quite at odds with the idea of “shame culture” versus “guilt culture.” Even where the word for shame, hazukashii, was used, its meaning was impossible to distinguish from the Western notion of guilt.
  • wasn’t so bad in itself. But then they killed them. You see, rape was against military regulations, so we had to destroy the evidence. While the women were fucked, they were considered human, but when we killed them, they were just pigs. We felt no shame about it, no guilt. If we had, we couldn’t have done it.
  • “Whenever we would enter a village, the first thing we’d do was steal food, then we’d take the women and rape them, and finally we’d kill all the men, women, and children to make sure they couldn’t slip away and tell the Chinese troops where we were. Otherwise we wouldn’t have been able to sleep at night.”
  • Clearly, then, the Nanking Massacre had been the culmination of countless massacres on a smaller scale. But it had been mass murder without a genocidal ideology. It was barbaric, but to Azuma and his comrades, barbarism was part of war.
  • “Sexual desire is human,” he said. “Since I suffered from a venereal disease, I never actually did it with Chinese women. But I did peep at their private parts. We’d always order them to drop their trousers. They never wore any underwear, you know. But the others did it with any woman that crossed our path.
  • He did have friends, however, who took part in the killings. One of them, Masuda Rokusuke, killed five hundred men by the Yangtze River with his machine gun. Azuma visited his friend in the hospital just before he died in the late 1980s. Masuda was worried about going to hell. Azuma tried to reassure him that he was only following orders. But Masuda remained convinced that he was going to hell.
  • “One of the worst moments I can remember was the killing of an old man and his grandson. The child was bayoneted and the grandfather started to suck the boy’s blood, as though to conserve his grandson’s life a bit longer. We watched a while and then killed both. Again, I felt no guilt, but I was bothered by this kind of thing. I felt confused. So I decided to keep a diary. I thought it might help me think straight.”
  • What about his old comrades? I asked. How did they discuss the war? “Oh,” said Azuma, “we wouldn’t talk about it much. When we did, it was to justify it. The Chinese resisted us, so we had to do what we did, and so on. None of us felt any remorse. And I include myself.”
  • got more and more agitated. “They turned the emperor into a living god, a false idol, like the Ayatollah in Iran or like Kim II Sung. Because we believed in the divine emperor, we were prepared to do anything, anything at all, kill, rape, anything. But I know he fucked his wife every night, just like we do …” He paused and lowered his voice. “But you know we cannot say this in Japan, even today. It is impossible in this country to tell the truth.”
  • My first instinct was to applaud West German education. Things had come a long way since 1968. There had been no school classes at Nuremberg, or even at the Auschwitz trial in Frankfurt from 1963 till 1965. Good for the teacher, I thought. Let them hear what was done. But I began to have doubts.
  • Just as belief belongs in church, surely history education belongs in school. When the court of law is used for history lessons, then the risk of show trials cannot be far off. It may be that show trials can be good politics—though I have my doubts about this too. But good politics don’t necessarily serve the truth.
  • There is a story about the young Richard when he was in Nuremberg at the time of the war crimes trials. He is said to have turned to a friend and to have remarked, in his best Wehrmacht officer style, that they should storm the court and release the prisoners. The friend, rather astonished, asked why on earth they should do such a thing. “So that we can try them ourselves” was Weiszäcker’s alleged response.
  • There was also concern that international law might not apply to many of the alleged crimes. If revenge was the point, why drag the law into it? Why not take a political decision to punish? This was what Becker, in his office, called the Italian solution: “You kill as many people as you can in the first six weeks, and then you forget about it: not very legal, but for the purposes of purification, well …”
  • Becker was not against holding trials as such. But he believed that existing German laws should have been applied, instead of retroactive laws about crimes against peace (preparing, planning, or waging an aggressive war).
  • It was to avoid a travesty of the legal process that the British had been in favor of simply executing the Nazi leaders without a trial. The British were afraid that a long trial might change public opinion. The trial, in the words of one British diplomat, might be seen as a “put-up job.”
  • The question is how to achieve justice without distorting the law, and how to stage a trial by victors over the vanquished without distorting history. A possibility would have been to make victors’ justice explicit, by letting military courts try the former enemies.
  • This would have avoided much hypocrisy and done less damage to the due process of law in civilian life. But if the intention was to teach Germans a history lesson, a military court would have run into the same problems as a civilian one.
  • Due process or revenge. This problem had preoccupied the ancient Greek tragedians. To break the cycle of vendetta, Orestes had to be tried by the Athens court for the murder of his mother. Without a formal trial, the vengeful Furies would continue to haunt the living.
  • The aspect of revenge might have been avoided had the trial been held by German judges. There was a precedent for this, but it was not a happy one. German courts had been allowed to try alleged war criminals after World War I. Despite strong evidence against them, virtually all were acquitted, and the foreign delegates were abused by local mobs. Besides, Wetzka was right: German judges had collaborated with the Nazi regime; they could hardly be expected to be impartial. So it was left to the victors to see that justice was done.
  • When the American chief prosecutor in Nuremberg, Robert H. Jackson, was asked by the British judge, Lord Justice Lawrence, what he thought the purpose of the trials should be, Jackson answered that they were to prove to the world that the German conduct of the war had been unjustified and illegal, and to demonstrate to the German people that this conduct deserved severe punishment and to prepare them for
  • What becomes clear from this kind of language is that law, politics, and religion became confused: Nuremberg became a morality play, in which Göring, Kaltenbrunner, Keitel, and the others were cast in the leading roles. It was a play that claimed to deliver justice, truth, and the defeat of evil.
  • The Nuremberg trials were to be a history lesson, then, as well as a symbolic punishment of the German people—a moral history lesson cloaked in all the ceremonial trappings of due legal process. They were the closest that man, or at least the men belonging to the victorious powers, could come to dispensing divine justice. This was certainly the way some German writers felt about it. Some welcomed it
  • We now have this law on our books, the prosecutor said: “It will be used against the German aggressor this time. But the four powers, who are conducting this trial in the name of twenty-three nations, know this law and declare: Tomorrow we shall be judged before history by the same yardstick by which we judge these defendants today.”
  • “We had seen through the amorality of the Nazis, and wanted to rid ourselves of it. It was from the moral seriousness of the American prosecution that we wished to learn sensible political thinking. “And we did learn. “And we allowed ourselves to apply this thinking to the present time. For example, we will use it now to take quite literally the morality of those American prosecutors. Oradour and Lidice—today they are cities in South Vietnam” (Italics in the original text.)
  • The play ends with a statement by the American prosecutor on crimes against peace
  • (It was decided in 1979, after the shock of the Holocaust TV series, to abolish the statute of limitations for crimes against humanity.)
  • after Nuremberg, most Germans were tired of war crimes. And until the mid-1950s German courts were permitted to deal only with crimes committed by Germans against other Germans. It took the bracing example of the Eichmann trial in Jerusalem to jolt German complacency—that, and the fact that crimes committed before 1946 would no longer be subject to prosecution after 1965.
  • Trying the vanquished for conventional war crimes was never convincing, since the victors could be accused of the same. Tu quoque could be invoked, in private if not in the Nuremberg court, when memories of Dresden and Soviet atrocities were still fresh. But Auschwitz had no equivalent. That was part of another war, or, better, it was not really a war at all; it was mass murder pure and simple, not for reasons of strategy or tactics, but of ideology alone.
  • Whether you are a conservative who wants Germany to be a “normal” nation or a liberal/leftist engaging in the “labor of mourning,” the key event of World War II is Auschwitz, not the Blitzkrieg, not Dresden, not even the war on the eastern front. This was the one history lesson of Nuremberg that stuck. As Hellmut Becker said, despite his skepticism about Nuremberg: “It was most important that the German population realized that crimes against humanity had taken place and that during the trials it became clear how they had taken place.”
  • In his famous essay on German guilt, Die Schuldfrage (The Question of German Guilt), written in 1946, Karl Jaspers distinguished four categories of guilt: criminal guilt, for breaking the law; political guilt, for being part of a criminal political system; moral guilt, for personal acts of criminal behavior; and metaphysical guilt, for failing in one’s responsibility to maintain the standards of civilized humanity. Obviously these categories overlap.
  • The great advantage, in his view, of a war crimes trial was its limitation. By allowing the accused to defend themselves with arguments, by laying down the rules of due process, the victors limited their own powers.
  • In any event, the trial distanced the German people even further from their former leaders. It was a comfortable distance, and few people had any desire to bridge it. This might be why the Nazi leaders are hardly ever featured in German plays, films, or novels.
  • And: “For us Germans this trial has the advantage that it distinguishes between the particular crimes of the leaders and that it does not condemn the Germans collectively.”
  • Serious conservative intellectuals, such as Hermann Lübbe, argued that too many accusations would have blocked West Germany’s way to becoming a stable, prosperous society. Not that Lübbe was an apologist for the Third Reich. Far from it: the legitimacy of the Federal Republic, in his opinion, lay in its complete rejection of the Nazi state.
  • their reaction was often one of indignation. “Why me?” they would say. “I just did my duty. I just followed orders like every decent German. Why must I be punished?”
  • “that these criminals were so like all of us at any point between 1918 and 1945 that we were interchangeable, and that particular circumstances caused them to take a different course, which resulted in this trial, these matters could not be properly discussed in the courtroom.” The terrible acts of individuals are lifted from their historical context. History is reduced to criminal pathology and legal argument.
  • they will not do as history lessons, nor do they bring us closer to that elusive thing that Walser seeks, a German identity.
  • The GDR had its own ways of using courts of law to deal with the Nazi past. They were in many respects the opposite of West German ways. The targets tended to be the very people that West German justice had ignored.
  • Thorough purges took place in the judiciary, the bureaucracy, and industry. About 200,000 people—four-fifths of the Nazi judges and prosecutors—lost their jobs. War crimes trials were held too; until 1947 by the Soviets, after that in German courts.
  • There were two more before 1957, and none after that. All in all, about 30,000 people had been tried and 500 executed. In the Federal Republic the number was about 91,000, and none were executed, as the death penalty was abolished by the 1949 constitution.
  • East German methods were both ruthless and expedient, and the official conclusion to the process was that the GDR no longer had to bear the burden of guilt. As state propaganda ceaselessly pointed out, the guilty were all in the West. There the fascists still sat as judges and ran the industries that produced the economic boom, the Wirtschaftswunder.
  • society. Although some of his critics, mostly on the old left, in both former Germanys, called him a grand inquisitor, few doubted the pastor’s good intentions. His arguments for trials were moral, judicial, and historical. He set out his views in a book entitled The Stasi Documents. Echoes of an earlier past rang through almost every page. “We can
  • Germany of the guilty, the people who felt betroffen by their own “inability to mourn,” the nation that staged the Auschwitz and Majdanek trials, that Germany was now said to stand in judgment over the other Germany—the Germany of the old antifascists, the Germany that had suffered under two dictatorships, the Germany of uniformed marches, goose-stepping drills, and a secret police network, vast beyond even the Gestapo’s dreams.
  • It is almost a form of subversion to defend a person who stands accused in court. So the idea of holding political and military leaders legally accountable for their actions was even stranger in Japan than it was in Germany. And yet, the shadows thrown by the Tokyo trial have been longer and darker in Japan than those of the Nuremberg trial in Germany.
  • never was—unlike, say, the railway station or the government ministry—a central institution of the modern Japanese state. The law was not a means to protect the people from arbitrary rule; it was, rather, a way for the state to exercise more control over the people. Even today, there are relatively few lawyers in Japan.
  • Japanese school textbooks are the product of so many compromises that they hardly reflect any opinion at all. As with all controversial matters in Japan, the more painful, the less said. In a standard history textbook for middle school students, published in the 1980s, mention of the Tokyo trial takes up less than half a page. All it says is that the trial…
  • As long as the British and the Americans continued to be oppressors in Asia, wrote a revisionist historian named Hasegawa Michiko, who was born in 1945, “confrontation with Japan was inevitable. We did not fight for Japan alone. Our aim was to fight a Greater East Asia War. For this reason the war between Japan and China and Japan’s oppression of…
  • West German textbooks describe the Nuremberg trial in far more detail. And they make a clear distinction between the retroactive law on crimes against peace and the…
  • Nationalist revisionists talk about “the Tokyo Trial View of History,” as though the conclusions of the tribunal had been nothing but rabid anti-Japanese propaganda. The tribunal has been called a lynch mob, and Japanese leftists are blamed for undermining the morale of generations of Japanese by passing on the Tokyo Trial View of History in school textbooks and liberal publications. The Tokyo Trial…
  • When Hellmut Becker said that few Germans wished to criticize the procedures of the Nuremberg trial because the criminality of the defendants was so plain to see, he was talking about crimes against humanity—more precisely, about the Holocaust. And it was…
  • The knowledge compiled by the doctors of Unit 731—of freezing experiments, injection of deadly diseases, vivisections, among other things—was considered so valuable by the Americans in 1945 that the doctors…
  • those aspects of the war that were most revolting and furthest removed from actual combat, such as the medical experiments on human guinea pigs (known as “logs”) carried out by Unit 731 in…
  • There never were any Japanese war crimes trials, nor is there a Japanese Ludwigsburg. This is partly because there was no exact equivalent of the Holocaust. Even though the behavior of Japanese troops was often barbarous, and the psychological consequences of State Shinto and emperor worship were frequently as hysterical as Nazism, Japanese atrocities were part of a…
  • This difference between (West) German and Japanese textbooks is not just a matter of detail; it shows a gap in perception. To the Japanese, crimes against humanity are not associated with an equivalent to the…
  • on what grounds would Japanese courts have prosecuted their own former leaders? Hata’s answer: “For starting a war which they knew they would lose.” Hata used the example of General Galtieri and his colleagues in Argentina after losing the Falklands War. In short, they would have been tried for losing the war, and the intense suffering they inflicted on their own people. This is as though German courts in 1918 had put General Hindenburg or General Ludendorff on trial.
  • it shows yet again the fundamental difference between the Japanese war, in memory and, I should say, in fact, and the German experience. The Germans fought a war too, but the one for which they tried their own people, the Bogers and the Schwammbergers, was a war they could not lose, unless defeat meant that some of the enemies survived.
  • Just as German leftists did in the case of Nuremberg, Kobayashi used the trial to turn the tables against the judges. But not necessarily to mitigate Japanese guilt. Rather, it was his intention to show how the victors had betrayed the pacifism they themselves had imposed on Japan.
  • the Japanese left has a different view of the Tokyo trial than the revisionist right. It is comparable to the way the German left looks upon Nuremberg. This was perfectly, if somewhat long-windedly, expressed in Kobayashi Masaki’s documentary film Tokyo Trial, released in 1983. Kobayashi is anything but an apologist for the Japanese war. His most famous film, The Human Condition, released in 1959, took a highly critical view of the war.
  • Yoshimoto’s memory was both fair and devastating, for it pointed straight at the reason for the trial’s failure. The rigging of a political trial—the “absurd ritual”—undermined the value of that European idea of law.
  • Yoshimoto went on to say something no revisionist would ever mention: “I also remember my fresh sense of wonder at this first encounter with the European idea of law, which was so different from the summary justice in our Asiatic courts. Instead of getting your head chopped off without a proper trial, the accused were able to defend themselves, and the careful judgment appeared to follow a public procedure.”
  • Yoshimoto Takaaki, philosopher of the 1960s New Left. Yet he wrote in 1986 that “from our point of view as contemporaries and witnesses, the trial was partly plotted from the very start. It was an absurd ritual before slaughtering the sacrificial lamb.”
  • This, from all accounts, was the way it looked to most Japanese, even if they had little sympathy for most of the “lambs.” In 1948, after three years of American occupation censorship and boosterism, people listened to the radio broadcast of the verdicts with a sad but fatalist shrug: this is what you can expect when you lose the war.
  • Some of the information even surprised the defendants. General Itagaki Seishiro, a particularly ruthless figure, who was in command of prison camps in Southeast Asia and whose troops had massacred countless Chinese civilians, wrote in his diary: “I am learning of matters I had not known and recalling things I had forgotten.”
  • hindsight, one can only conclude that instead of helping the Japanese to understand and accept their past, the trial left them with an attitude of cynicism and resentment.
  • After it was over, the Nippon Times pointed out the flaws of the trial, but added that “the Japanese people must ponder over why it is that there has been such a discrepancy between what they thought and what the rest of the world accepted almost as common knowledge. This is at the root of the tragedy which Japan brought upon herself.”
  • Political trials produce politicized histories. This is what the revisionists mean when they talk about the Tokyo Trial View of History. And they are right, even if their own conclusions are not.
  • Frederick Mignone, one of the prosecutors, said a trifle histrionically that “in Japan and in the Orient in general, the trial is one of the most important phases of the occupation. It has received wide coverage in the Japanese press and revealed for the first time to millions of Japanese the scheming, duplicity, and insatiable desire for power of her entrenched militaristic leaders, writing a much-needed history of events which otherwise would not have been written.” It was indeed much-needed, since so little was known.
  • The president of the Tokyo tribunal, Sir William Webb, thought “the crimes of the German accused were far more heinous, varied and extensive than those of the Japanese accused.” Put in another way, nearly all the defendants at Nuremberg, convicted of crimes against peace, were also found guilty of crimes against humanity. But half the Japanese defendants received life sentences for political crimes only.
  • the question of responsibility is always a tricky affair in Japan, where formal responsibility is easier to identify than actual guilt. Not only were there many men, such as the hero of Kinoshita’s play, who took the blame for what their superiors had done—a common practice in Japan, in criminal gangs as well as in politics or business corporations—but the men at the top were often not at all in control of their unscrupulous subordinates.
  • “These men were not the hoodlums who were the powerful part of the group which stood before the tribunal at Nuremberg, dregs of a criminal environment, thoroughly schooled in the ways of crime and knowing no other methods but those of crime. These men were supposed to be the elite of the nation, the honest and trusted leaders to whom the fate of the nation had been confidently entrusted
  • many people were wrongly accused of the wrong things for the wrong reasons. This is why there was such sympathy in Japan for the men branded by foreigners as war criminals, particularly the so-called Class B and Class C criminals, the men who followed orders, or gave them at a lower level: field commanders, camp guards, and so on.
  • “The Japanese people are of the opinion that the actual goal of the war crimes tribunals was never realized, since the judgments were reached by the victors alone and had the character of revenge. The [Japanese] war criminal is not conscious of having committed a crime, for he regards his deeds as acts of war, committed out of patriotism.”
  • Yamashita Tomoyuki. Terrible atrocities were committed under his command in the Philippines. The sacking of Manila in 1945 was about as brutal as the Nanking Massacre. So to depict him in the movie as a peaceful gentleman, while portraying the American prosecutor in Manila as one of the main villains, might seem an odd way to view the past.
  • The Shrine ranks highest. It is the supreme symbol of authority, shouldered (like a shrine on festival days) by the Officials.
  • The political theorist Maruyama Masao called the prewar Japanese government a “system of irresponsibilities.” He identified three types of political personalities: the portable Shrine, the Official, and the Outlaw.
  • those who carry it, the Officials, are the ones with actual power. But the Officials—bureaucrats, politicians, admirals and generals—are often manipulated by the lowest-ranking Outlaws, the military mavericks, the hotheaded officers in the field, the mad nationalists, and other agents of violence.
  • But it was not entirely wrong, for the trial was rigged. Yamashita had no doubt been a tough soldier, but in this case he had been so far removed from the troops who ran amok in Manila that he could hardly have known what was going on. Yet the American prosecutor openly talked about his desire to hang “Japs.”
  • When the system spins out of control, as it did during the 1930s, events are forced by violent Outlaws, reacted to by nervous Officials, and justified by the sacred status of the Shrines.
  • Here we come to the nub of the problem, which the Tokyo trial refused to deal with, the role of the Shrine in whose name every single war crime was committed, Emperor Hirohito,
  • The historian Ienaga Saburo tells a story about a Japanese schoolchild in the 1930s who was squeamish about having to dissect a live frog. The teacher rapped him hard on the head with his knuckles and said: “Why are you crying about one lousy frog? When you grow up you’ll have to kill a hundred, two hundred Chinks.”
  • the lethal consequences of the emperor-worshipping system of irresponsibilities did emerge during the Tokyo trial. The savagery of Japanese troops was legitimized, if not driven, by an ideology that did not include a Final Solution but was as racialist as Hitler’s National Socialism. The Japanese were the Asian Herrenvolk, descended from the gods.
  • A veteran of the war in China said in a television interview that he was able to kill Chinese without qualms only because he didn’t regard them as human.
  • For to keep the emperor in place (he could at least have been made to resign), Hirohito’s past had to be freed from any blemish; the symbol had to be, so to speak, cleansed from what had been done in its name.
  • The same was true of the Japanese imperial institution, no matter who sat on the throne, a ruthless war criminal or a gentle marine biologist.
  • the chaplain at Sugamo prison, questioned Japanese camp commandants about their reasons for mistreating POWs. This is how he summed up their answers: “They had a belief that any enemy of the emperor could not be right, so the more brutally they treated their prisoners, the more loyal to their emperor they were being.”
  • The Mitscherlichs described Hitler as “an object on which Germans depended, to which they transferred responsibility, and he was thus an internal object. As such, he represented and revived the ideas of omnipotence that we all cherish about ourselves from infancy.
  • The fear after 1945 was that without the emperor Japan would be impossible to govern. In fact, MacArthur behaved like a traditional Japanese strongman (and was admired for doing so by many Japanese), using the imperial symbol to enhance his own power. As a result, he hurt the chances of a working Japanese democracy and seriously distorted history.
  • Aristides George Lazarus, the defense counsel of one of the generals on trial, was asked to arrange that “the military defendants, and their witnesses, would go out of their way during their testimony to include the fact that Hirohito was only a benign presence when military actions or programs were discussed at meetings that, by protocol, he had to attend.” No doubt the other counsel were given similar instructions. Only once during the trial
Javier E

George Conway: Trump Is Unfit for Office - The Atlantic - 0 views

  • Behavior like this is unusual, a point that journalists across the political spectrum have made. “This is not normal,” Megan McArdle wrote in late August. “And I don’t mean that as in, ‘Trump is violating the shibboleths of the Washington establishment.’ I mean that as in, ‘This is not normal for a functioning adult.’” James Fallows observed, also in August, that Trump is having “episodes of what would be called outright lunacy, if they occurred in any other setting,” and that if he “were in virtually any other position of responsibility, action would already be under way to remove him from that role.”
  • Simply put, Trump’s ingrained and extreme behavioral characteristics make it impossible for him to carry out the duties of the presidency in the way the Constitution requires. To see why first requires a look at what the Constitution demands of a president, and then an examination of how Trump’s behavioral characteristics preclude his ability to fulfill those demands.
  • These two disorders just happen to be the ones that have most commonly been ascribed to Trump by mental-health professionals over the past four years. Of these two disorders, the more commonly discussed when it comes to Trump is narcissistic personality disorder, or NPD—pathological narcissism
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  • “Talents for low intrigue, and the little arts of popularity,” might suffice for someone to be elected to the governorship of a state, but not the presidency. Election would “require other talents, and a different kind of merit,” to gain “the esteem and confidence of the whole Union,” or enough of it to win the presidency. As a result, there would be “a constant probability of seeing the station filled by characters pre-eminent for ability and virtue.” This was the Framers’ goal in designing the system that would make “the choice of the person to whom so important a trust was to be confided.”
  • In a nutshell, while carrying out his official duties, a president has to put the country, not himself, first; he must faithfully follow and enforce the law; and he must act with the utmost care in doing all that.
  • can Trump do all that? Does his personality allow him to? Answering those questions doesn’t require mental-health expertise, nor does it really require a diagnosis. You can make the argument for Trump’s unfitness without assessing his mental health: Like James Fallows, for example, you could just ask whether Trump would have been allowed to retain any other job in light of his bizarre conduct
  • More than a diagnosis, what truly matters, as Lincoln’s case shows, is the president’s behavioral characteristics and personality traits. And understanding how people behave and think is not the sole province of professionals; we all do it every day, with family members, co-workers, and others.
  • its criteria for personality disorders—they don’t require a person to lie on a couch and confess his or her innermost thoughts. They turn on how a person behaves in the wild, so to speak.
  • Donald Trump, as president of the United States, is probably the most observable and observed person in the world. I’ve personally met and spoken with him only a few times, but anyone who knows him will tell you that Trump, in a way, has no facade: What you see of him publicly is what you get all the time, although you may get more of it in private
  • accounts of a person’s behavior from laypeople who observe him might be more accurate than information from a clinical interview, and that this is especially true when considering two personality disorders in particular—what the DSM calls narcissistic personality disorder and antisocial personality disorde
  • Though the Constitution’s drafters could hardly have foreseen how the system would evolve, they certainly knew the kind of person they wanted it to produce. “The process of election affords a moral certainty,” Hamilton wrote, “that the office of President will never fall to the lot of any man who is not in an eminent degree endowed with the requisite qualifications.
  • it touches directly upon whether Trump has the capacity to put anyone’s interests—including the country’s and the Constitution’s—above his own.
  • A certain amount of narcissism is healthy, and helpful—it brings with it confidence, optimism, and boldness. Someone with more than an average amount of narcissism may be called a narcissist. Many politicians, and many celebrities, could be considered narcissists
  • “Pathological narcissism begins when people become so addicted to feeling special that, just like with any drug, they’ll do anything to get their ‘high,’ including lie, steal, cheat, betray, and even hurt those closest to them,”
  • The “fundamental life goal” of an extreme narcissist “is to promote the greatness of the self, for all to see,
  • To many mental-health professionals, Donald Trump provides a perfect example of such extreme, pathological narcissism: One clinical psychologist told Vanity Fair that he considers Trump such a “classic” pathological narcissist that he is actually “archiving video clips of him to use in workshops because there’s no better example”
  • The goal of a diagnosis is to help a clinician guide treatment. The question facing the public is very different: Does the president of the United States exhibit a consistent pattern of behavior that suggests he is incapable of properly discharging the duties of his office?
  • Even Trump’s own allies recognize the degree of his narcissism. When he launched racist attacks on four congresswomen of color, Senator Lindsey Graham explained, “That’s just the way he is. It’s more narcissism than anything else.” So, too, do skeptics of assigning a clinical diagnosis. “No one is denying,” Frances told Rolling Stone, “that he is as narcissistic an individual as one is ever likely to encounter.” The president’s exceptional narcissism is his defining characteristic—and understanding that is crucial to evaluating his fitness for office
  • The DSM-5 describes its conception of pathological narcissism this way: “The essential feature of narcissistic personality disorder is a pervasive pattern of grandiosity, need for admiration, and lack of empathy that begins by early adulthood and is present in a variety of contexts.”
  • The diagnostic criteria offer a useful framework for understanding the most remarkable features of Donald Trump’s personality, and of his presidency. (1) Exaggerates achievements and talents, expects to be recognized as superior without commensurate achievements?
  • (2) Preoccupied with fantasies of unlimited success, power, brilliance
  • (3) Believes that he or she is “special” and unique and should only associate with other special or high-status people?
  • Trump claims to be an expert—the world’s greatest—in anything and everything. As one video mash-up shows, Trump has at various times claimed—in all seriousness—that no one knows more than he does about: taxes, income, construction, campaign finance, drones, technology, infrastructure, work visas, the Islamic State, “things” generally, environmental-impact statements, Facebook, renewable energy, polls, courts, steelworkers, golf, banks, trade, nuclear weapons, tax law, lawsuits, currency devaluation, money, “the system,” debt, and politicians.
  • (4) Requires excessive admiration? Last Thanksgiving, Trump was asked what he was most thankful for. His answer: himself, of course. A number of years ago, he made a video for Forbes in which he interviewed two of his children. The interview topic: how great they thought Donald Trump wa
  • (5) A sense of entitlement? (9) Arrogant, haughty behaviors? Trump is the man who, on the infamous Access Hollywood tape, said, “When you’re a star, they let you do it. You can do anything you want”—including grabbing women by their genitals. He’s the man who also once said, “I could stand in the middle of Fifth Avenue and shoot somebody and I wouldn’t lose any voters.”
  • (8) Envious of others? Here’s a man so unable to stand the praise received by a respected war hero and statesman, Senator John McCain, that he has continued to attack McCain months after McCain’s death;
  • (6) Interpersonally exploitative? Just watch the Access Hollywood tape, or ask any of the hundreds of contractors and employees Trump the businessman allegedly stiffed, or speak with any of the two dozen women who have accused Trump of sexual misconduct, sexual assault, or rape.
  • Finally, (7) Lacks empathy: is unwilling to recognize or identify with the feelings or needs of others? One of the most striking aspects of Trump’s personality is his utter and complete lack of empathy
  • The notorious lawyer and fixer Roy Cohn, who once counseled Trump, said that “Donald pisses ice water,” and indeed, examples of Trump’s utter lack of normal human empathy abound.
  • “It made no sense, Priebus realized, unless you understood … ‘The president has zero psychological ability to recognize empathy or pity in any way.’
  • Experts haven’t suggested that Trump is psychotic, but many have contended that his narcissism and sociopathy are so inordinate that he fits the bill for “malignant narcissism.” Malignant narcissism isn’t recognized as an official diagnosis; it’s a descriptive term coined by the psychoanalyst Erich Fromm, and expanded upon by another psychoanalyst, Otto Kernberg, to refer to an extreme mix of narcissism and sociopathy, with a degree of paranoia and sadism mixed in
  • A second disorder also frequently ascribed to Trump by professionals is sociopathy—what the DSM-5 calls antisocial personality disorder
  • Central to sociopathy is a complete lack of empathy—along with “an absence of guilt.” Sociopaths engage in “intentional manipulation, and controlling or even sadistically harming others for personal power or gratification. People with sociopathic traits have a flaw in the basic nature of human beings … They are lacking an essential part of being human.” For its part, the DSM-5 states that the “essential feature of antisocial personality disorder is a pervasive pattern of disregard for, and violation of, the rights of others that begins in childhood or early adolescence and continues into adulthood.”
  • Trump’s sociopathic characteristics sufficiently intertwine with his narcissistic ones that they deserve mention here. These include, to quote the DSM-5, “deceitfulness, as indicated by repeated lying, use of aliases, or conning others.” Trump’s deceitfulness—his lying—has become the stuff of legend; journalists track his “false and misleading claims” as president by the thousands upon thousands.
  • Other criteria for antisocial personality disorder include “failure to conform to social norms with respect to lawful behaviors, as indicated by repeatedly performing acts that are grounds for arrest”; “impulsivity or failure to plan ahead”; and “lack of remorse, as indicated by being indifferent to or rationalizing having hurt, mistreated, or stolen from another.
  • As for impulsivity, that essentially describes what gets him into trouble most: It was his “impulsiveness—actually, total recklessness”—that came close to destroying him in the 1980s
  • And lack of remorse? That’s a hallmark of sociopathy, and goes hand in hand with a lack of human conscience. In a narcissistic sociopath, it’s intertwined with a lack of empathy. Trump hardly ever shows remorse, or apologizes, for anything. The one exception: With his presidential candidacy on the line in early October
  • In a way, Trump’s sociopathic tendencies are simply an extension of his extreme narcissism
  • articular, “They change reality to suit themselves in their own mind.” Although Trump “lies because of his sociopathic tendencies,” telling falsehoods to fool others, Dodes argues, he also lies to himself, to protect himself from narcissistic injury. And so Donald Trump has lied about his net worth, the size of the crowd at his inauguration, and supposed voter fraud in the 2016 election.
  • The latter kind of lying, Dodes says, “is in a way more serious,” because it can indicate “a loose grip on reality”—and it may well tell us where Trump is headed in the face of impeachment hearings. Lying to prevent narcissistic injury can metastasize to a more significant loss of touch with reality
  • What kind of human being, let alone politician, would engage in such unempathetic, self-centered behavior while memorializing such horrible tragedies? Only the most narcissistic person imaginable—or a person whose narcissism would be difficult to imagine if we hadn’t seen it ourselves. The evidence of Trump’s narcissism is overwhelming—indeed, it would be a gargantuan task to try to marshal all of it, especially as it mounts each and every day.
  • In the view of some in the mental-health community, such as John Gartner, Trump “exhibits all four” components of malignant narcissism: “narcissism, paranoia, antisocial personality and sadism.”
  • Mental-health professionals have raised a variety of other concerns about Trump’s mental state; the last worth specifically mentioning here is the possibility that, apart from any personality disorder, he may be suffering cognitive decline.
  • His “mental state,” according to Justin A. Frank, a former clinical professor of psychiatry and physician who wrote a book about Trump’s psychology, “include[s] so many psychic afflictions” that a “working knowledge of psychiatric disorders is essential to understanding Trump.” Indeed, as Gartner puts it: “There are a lot of things wrong with him—and, together, they are a scary witch’s brew.”
  • when you line up what the Framers expected of a president with all that we know about Donald Trump, his unfitness becomes obvious. The question is whether he can possibly act as a public fiduciary for the nation’s highest public trust. To borrow from the Harvard Law Review article, can he follow the “proscriptions against profit, bad faith, and self-dealing,” manifest “a strong concern about avoiding ultra vires action” (that is, action exceeding the president’s legal authority), and maintain “a duty of diligence and carefulness”? Given that Trump displays the extreme behavioral characteristics of a pathological narcissist, a sociopath, or a malignant narcissist—take your pick—it’s clear that he can’t.
  • To act as a fiduciary requires you to put someone else’s interests above your own, and Trump’s personality makes it impossible for him to do that. No president before him, at least in recent memory, has ever displayed such obsessive self-regard
  • Indeed, Trump’s view of his presidential powers can only be described as profoundly narcissistic, and his narcissism has compelled him to disregard the Framers’ vision of his constitutional duties in every respect
  • Trump’s incapacity affects all manner of subjects addressed by the presidency, but can be seen most acutely in foreign affairs and national security.
  • All in all, Trump sought to impede and end a significant counterintelligence and criminal investigation—one of crucial importance to the nation—and did so for his own personal reasons. He did precisely the opposite of what his duties require. Indeed, he has shown utter contempt for his duties to the nation
  • hat constitutional mechanisms exist for dealing with a president who cannot or does not comply with his duties, and how should they take the president’s mental and behavioral characteristics into account?
  • it turns out that impeachment is a more practical mechanism
  • It’s also an appropriate mechanism, because the constitutional magic words (other than Treason and Bribery) that form the basis of an impeachment charge—high Crimes and Misdemeanors, found in Article II, Section 4 of the Constitution—mean something other than, and more than, offenses in the criminal-statute books. High Crimes and Misdemeanors is a legal term of art, one that historically referred to breaches of duties—fiduciary duties—by public officeholders. In other words, the question of what constitutes an impeachable offense for a president coincides precisely with whether the president can execute his office in the faithful manner that the Constitution requires.
  • One of the most compelling arguments about the meaning of those words is that the Framers, in Article II’s command that a president faithfully execute his office, imposed upon him fiduciary obligations. As the constitutional historian Robert Natelson explained in the Federalist Society Review, the “founding generation [understood] ‘high … Misdemeanors’ to mean ‘breach of fiduciary duty.’
  • Eighteenth-century lawyers instead used terms such as breach of trust—which describes the same thing. “Parliamentary articles of impeachment explicitly and repetitively described the accused conduct as a breach of trust,” Natelson argues, and 18th-century British legal commentators explained how impeachment for “high Crimes and Misdemeanors” was warranted for all sorts of noncriminal violations that were, in essence, fiduciary breaches.
  • why the discussion of Morris’s suggestion was so brief—the drafters knew what the words historically meant, because, as a House Judiciary Committee report noted in 1974, “at the time of the Constitutional Convention the phrase ‘high Crimes and Misdemeanors’ had been in use for over 400 years in impeachment proceedings in Parliament
  • Certainly Alexander Hamilton knew by the time he penned “Federalist No. 65,” in which he explained that impeachment was for “those offenses which proceed from the misconduct of public men, or, in other words, from the abuse or violation of some public trust.
  • What constitutes such an abuse or violation of trust is up to Congress to decide: First the House decides to bring impeachment charges, and then the Senate decides whether to convict on those charges. The process of impeachment by the House and removal by trial in the Senate is thus, in some ways, akin to indictment by a grand jury and trial by a petit jury
  • As Laurence Tribe and Joshua Matz explain in their recent book on impeachment, “the Constitution explicitly states that Congress may not end a presidency unless the president has committed an impeachable offense. But nowhere does the Constitution state or otherwise imply that Congress must remove a president whenever that standard is met … In other words, it allows Congress to exercise judgment.”
  • As Tribe and Matz argue, that judgment presents a “heavy burden,” and demands that Congress be “context-sensitive,” and achieve “an understanding of all relevant facts.” A president might breach his trust to the nation once in some small, inconsequential way and never repeat the misbehavior, and Congress could reasonably decide that the game is not worth the candle.
  • In short, now that the House of Representatives has embarked on an impeachment inquiry, one of the most important judgments it must make is whether any identified breaches of duty are likely to be repeated. And if a Senate trial comes to pass, that issue would become central as well to the decision to remove the president from office. That’s when Trump’s behavioral and psychological characteristics should—must—come into pla
  • there’s another reason as well. The people have a right to know, and a need to see. Many people have watched all of Trump’s behavior, and they’ve drawn the obvious conclusion. They know something’s wrong, just as football fans knew that the downed quarterback had shattered his leg. Others have changed the channel, or looked away, or chosen to deny what they’ve seen. But if Congress does its job and presents the evidence, those who are in denial won’t be able to ignore the problem any longer.
Javier E

Our Constitution Wasn't Built for This - The New York Times - 0 views

  • our Constitution has at least one radical feature: It isn’t designed for a society with economic inequality.
  • Our Constitution was not built for a country with so much wealth concentrated at the very top nor for the threats that invariably accompany it: oligarchs and populist demagogues.
  • From the ancient Greeks to the American founders, statesmen and political philosophers were obsessed with the problem of economic inequality. Unequal societies were subject to constant strife — even revolution. The rich would tyrannize the poor, and the poor would revolt against the rich.
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  • The solution was to build economic class right into the structure of government.
  • Many in the founding generation believed America was exceptional because of the extraordinary degree of economic equality within the political community as they defined it
  • it wasn’t an oversight. The founding generation knew how to write class-warfare constitutions — they even debated such proposals during the summer of 1787.
  • Part of the reason was practical. James Madison’s notes from the secret debates at the Philadelphia Convention show that the delegates had a hard time agreeing on how they would design such a class-based system. But part of the reason was political: They knew the American people wouldn’t agree to that kind of government.
  • What is surprising about the design of our Constitution is that it isn’t a class warfare constitution. Our Constitution doesn’t mandate that only the wealthy can become senators, and we don’t have a tribune of the plebs. Our founding charter doesn’t have structural checks and balances between economic classes: not between rich and poor, and certainly not between corporate interests and ordinary workers. This was a radical change in the history of constitutional government
  • As long as the new nation could expand west, he thought, it would be possible to have a citizenry of independent yeoman farmers. In a community with economic equality, there was simply no need for constitutional structures to manage the clash between the wealthy and everyone else.
  • Unlike Europe, America wasn’t bogged down by the legacy of feudalism, nor did it have a hereditary aristocracy
  • In 1976 the richest 1 percent of Americans took home about 8.5 percent of our national income. Today they take home more than 20 percent
  • While much of the debate has been on the moral or economic consequences of economic inequality, the more fundamental problem is that our constitutional system might not survive in an unequal economy
  • Campaign contributions, lobbying, the revolving door of industry insiders working in government, interest group influence over regulators and even think tanks — all of these features of our current political system skew policy making to favor the wealthy and entrenched economic interests. “The rich will strive to establish their dominion and enslave the rest,” Gouverneur Morris observed in 1787. “They always did. They always will.” An oligarchy — not a republic — is the inevitable result.
  • As a republic descends into an oligarchy, the people revolt. Populist revolts are rarely anarchic; they require leadership. Morris predicted that the rich would take advantage of the people’s “passions” and “make these the instruments for oppressing them.”
  • Alexander Hamilton put it more clearly: “Of those men who have overturned the liberties of republics, the greatest number have begun their career by paying an obsequious court to the people: commencing demagogues, and ending tyrants.
  • Populists and progressives responded by pushing for reforms that would tame the great concentrations of wealth and power that were corrupting government.
  • On the economic side, they invented antitrust laws and public utilities regulation, established an income tax, and fought for minimum wages. On the political side, they passed campaign finance regulations and amended the Constitution so the people would get to elect senators directly. They did these things because they knew that our republican form of government could not survive in an economically unequal society. As Theodore Roosevelt wrote, “There can be no real political democracy unless there is something approaching an economic democracy.”
  • For all its resilience and longevity, our Constitution doesn’t have structural checks built into it to prevent oligarchy or populist demagogues. It was written on the assumption that America would remain relatively equal economically.
  • Madison worried that the number of Americans who had only the “bare necessities of life” would one day increase. When it did, he concluded, the institutions and laws of the country would need to be adapted, and that task would require “all the wisdom of the wisest patriots.”
Javier E

The Constitution Is Threatened by Tribalism - The Atlantic - 0 views

  • The significance of birthright citizenship cannot be overstated. We forget how rare it is: No European or Asian country grants this right. It means that being American is not the preserve of any particular racial, ethnic, or religious subgroup. The United States took another century to begin dismantling the legalized racism that continued unabated after the Civil War. Nonetheless, the core constitutional aspiration—in the 1780s, the 1860s, the 1960s, and the present—has been to create a tribe-transcending national identity.
  • partisan political loyalties can become tribal too. When they do, they can be as destructive as any other allegiance. The Founders understood this. In 1780, John Adams wrote that the “greatest political evil” to be feared under a democratic constitution was the emergence of “two great parties, each arranged under its leader, and concerting measures in opposition to each other.” George Washington, in his farewell address, described the “spirit of party” as democracy’s “worst enemy.”
  • The causes of America’s resurgent tribalism are many. They include seismic demographic change, which has led to predictions that whites will lose their majority status within a few decades; declining social mobility and a growing class divide; and media that reward expressions of outrage
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  • All of this has contributed to a climate in which every group in America—minorities and whites; conservatives and liberals; the working class and elites—feels under attack, pitted against the others not just for jobs and spoils, but for the right to define the nation’s identity. In these conditions, democracy devolves into a zero-sum competition, one in which parties succeed by stoking voters’ fears and appealing to their ugliest us-versus-them instincts.
  • Americans on both the left and the right now view their political opponents not as fellow Americans with differing views, but as enemies to be vanquished. And they have come to view the Constitution not as an aspirational statement of shared principles and a bulwark against tribalism, but as a cudgel with which to attack those enemies.
  • majorities on the right today are nonetheless beginning to reject core constitutional principles.
  • a significant generational shift appears to be in progress. One of our students told us: “I don’t know any lefty people my age who aren’t seriously questioning whether the First Amendment is still on balance a good thing.”
  • the American left has become more and more influenced by identity politics, a force that has changed the way many progressives view the Constitution. For some on the left, the document is irredeemably stained by the sins of the Founding Fathers, who preached liberty while holding people in chains. Days after the 2016 election, the president of the University of Virginia quoted Thomas Jefferson, the school’s founder, in an email to students. In response, 469 students and faculty signed an open letter declaring that they were “deeply offended” at the use of Jefferson as a “moral compass.” Speaking to students at the University of Missouri in 2016, a Black Lives Matter co-founder went further: “The people vowing to protect the Constitution are vowing to protect white supremacy and genocide.”
  • In a 2017 survey by the Pew Research Center, less than half of Republicans said that the freedom of the press “to criticize politicians” was “very important” to maintaining a strong democracy in the United States. In other 2017 surveys, more than half of Trump supporters said the president “should be able to overturn decisions by judges that he disagrees with,” and more than half of Republicans said they would support postponing the 2020 presidential election if Trump proposed delaying it “until the country can make sure that only eligible American citizens can vote.” If these views became reality, that would be the end of constitutional democracy as we know it.
  • According to a 2016 survey commissioned by the bipartisan Democracy Fund, 30 percent of Trump voters think European ancestry is “important” to “being American”; 56 percent of Republicans and a full 63 percent of Trump supporters said the same of being Christian. This trend runs counter to the Constitution’s foundational ideal: an America where citizens are citizens, regardless of race or religion; an America whose national identity belongs to no one tribe.
  • For all its flaws, the United States is uniquely equipped to unite a diverse and divided society. Alone among the world powers, America has succeeded in forging a strong group-transcending national identity without requiring its citizens to shed or suppress their subgroup identities.
  • America is not an ethnic nation. Its citizens don’t have to choose between a national identity and multiculturalism. Americans can have both. But the key is constitutional patriotism. We have to remain united by and through the Constitution, regardless of our ideological disagreements.
  • The right needs to recognize that making good on the Constitution’s promises requires much more than flag-waving.
  • the left needs to rethink its scorched-earth approach to American history and ideals. Exposing injustice, past and present, is important, but there’s a world of difference between saying that America has repeatedly failed to live up to its constitutional principles and saying that those principles are lies or smoke screens for oppression
  • Washington and Jefferson were slave owners. They were also political visionaries who helped give birth to what would become the most inclusive form of governance in world history
Javier E

Trump Is Constitutionally Prohibited From the Presidency - The Atlantic - 0 views

  • The bottom line is that Donald Trump both “engaged in” “insurrection or rebellion” and gave “aid or comfort” to others engaging in such conduct, within the original meaning of those terms as employed in Section Three of the Fourteenth Amendment. If the public record is accurate, the case is not even close. He is no longer eligible to the office of Presidency, or any other state or federal office covered by the Constitution.
  • t the time of the January 6 attack, most Democrats and key Republicans described it as an insurrection for which Trump bore responsibility. We believe that any disinterested observer who witnessed that bloody assault on the temple of our democracy, and anyone who learns about the many failed schemes to bloodlessly overturn the election before that, would have to come to the same conclusion.
  • The only intellectually honest way to disagree is not to deny that the event is what the Constitution refers to as “insurrection” or “rebellion,” but to deny that the insurrection or rebellion matters. Such is to treat the Constitution of the United States as unworthy of preservation and protection.
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  • The former federal judge and Stanford law professor Michael McConnell cautions that “we are talking about empowering partisan politicians such as state Secretaries of State to disqualify their political opponents from the ballot … If abused, this is profoundly anti-democratic.” He also believes, as we do, that insurrection and rebellion are “demanding terms, connoting only the most serious of uprisings against the government,” and that Section 3 “should not be defined down to include mere riots or civil disturbances.” McConnell worries that broad definitions of insurrection and rebellion, with the “lack of concern about enforcement procedure … could empower partisans to seek disqualification every time a politician supports or speaks in support of the objectives of a political riot.”
  • We share these concerns, and we concur that the answer to them lies in the wisdom of judicial decisions as to what constitutes “insurrection,” “rebellion,” or “aid or comfort to the enemies” of the Constitution under Section 3.
  • The process that will play out over the coming year could give rise to momentary social unrest and even violence. But so could the failure to engage in this constitutionally mandated process. For our part, we would pray for neither unrest nor violence from the American people during a process of faithful application and enforcement of their Constitution.
  • (Additionally, with or without court action, the second sentence of Section 3 contains a protection against abuse of this extraordinary power by these elections officers: Congress’s ability to remove an egregious disqualification by a supermajority of each House.)
  • The entire process, with all its sometimes frail but thus far essentially effective constitutional guardrails, will frame the effort to determine whether the threshold of “insurrection” or “rebellion” was reached and which officials, executive or legislative, were responsible for the January 6 insurrection and the broader efforts to reverse the election’s results.
  • When a secretary of state or other state official charged with the responsibility of approving the placement of a candidate’s name on an official ballot either disqualifies Trump from appearing on a ballot or declares him eligible, that determination will assuredly be challenged in court by someone with the standing to do so, whether another candidate or an eligible voter in the relevant jurisdiction. Given the urgent importance of the question, such a case will inevitably land before the Supreme Court, where it will in turn test the judiciary’s ability to disentangle constitutional interpretation from political temptation
  • f Donald Trump were to be reelected, how could any citizen trust that he would uphold the oath of office he would take upon his inauguration? As recently as last December, the former president posted on Truth Social his persistent view that the last presidential election was a “Massive Fraud,” one that “allows for the termination of all rules, regulations, and articles, even those found in the Constitution.”
  • No person who sought to overthrow our Constitution and thereafter declared that it should be “terminated” and that he be immediately returned to the presidency can in good faith take the oath that Article II, Section 1 demands of any president-elect
Javier E

Let's Give Up on the Constitution - NYTimes.com - 0 views

  • observers are reaching the conclusion that the American system of government is broken. But almost no one blames the culprit: our insistence on obedience to the Constitution, with all its archaic, idiosyncratic and downright evil provisions.
  • As someone who has taught constitutional law for almost 40 years, I am ashamed it took me so long to see how bizarre all this is. Imagine that after careful study a government official — say, the president or one of the party leaders in Congress — reaches a considered judgment that a particular course of action is best for the country. Suddenly, someone bursts into the room with new information: a group of white propertied men who have been dead for two centuries, knew nothing of our present situation, acted illegally under existing law and thought it was fine to own slaves might have disagreed with this course of action. Is it even remotely rational that the official should change his or her mind because of this divination?
  • Constitutional disobedience may seem radical, but it is as old as the Republic. In fact, the Constitution itself was born of constitutional disobedience.
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  • No sooner was the Constitution in place than our leaders began ignoring it. John Adams supported the Alien and Sedition Acts, which violated the First Amendment’s guarantee of freedom of speech. Thomas Jefferson thought every constitution should expire after a single generation. He believed the most consequential act of his presidency — the purchase of the Louisiana Territory — exceeded his constitutional powers.
Javier E

After Federalist No. 10 | National Affairs - 0 views

  • Federalist No. 10 pertains to the orientation of personal appetites toward public ends, which include both the common good and private rights. The essay recognizes that these appetites cannot be conquered, but they can be conditioned.
  • Madison's solution to the problem of faction — a solution he confines to the four corners of majority rule — is to place majorities in circumstances that encourage deliberation and thus defuse passion.
  • this solution does not depend on any specific constitutional mechanism:
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  • Any republic deployed across an extended territory should be relatively free of faction, at least in the aggregate.
  • Yet Madison's solution depends on certain assumptions. Federalist No. 10 assumes politics will occur at a leisurely pace. The regime Madison foresees is relatively passive, not an active manipulator of economic arrangements. And he is able to take for granted a reasonably broad consensus as to the existence if not the content of the public good.
  • These assumptions are now collapsing under the weight of positive government and the velocity of our political life.
  • Given the centrality of Federalist No. 10 to the American constitutional canon, this collapse demands a reckoning. If a pillar of our order is crumbling, something must replace it.
  • That challenge may call for a greater emphasis on the sources of civic virtue and on the means of sustaining it.
  • The possibility that virtue might be coded into the essay is evident at its most elemental level: Federalist No. 10's definition of a faction as a group "united and actuated by some common impulse of passion, or of interest, adverse to the rights of other citizens, or to the permanent and aggregate interests of the community."
  • this definition hinges on an objective understanding of the public good; one cannot comprehend Madison from the perspective of contemporary relativism.
  • Its reader must be committed to a normative concept of the good and occupy a polity in which it is possible for such a concept to be broadly shared.
  • [T]hose who do not believe in an objective moral order cannot 'enter' Madison's system." Thus, belief in such an order, even amid disputes as to its content, constitutes a first unstated assumption of Federalist No. 10.
  • Madison presents a series of choices, repeatedly eliminating one, then bifurcating the other in turn, and eliminating again until he arrives at his solution. One can remove the causes of factions or control their effects. The causes cannot be removed because the propensity to disagree is "sown in the nature of man," arising particularly from the fact that man is "fallible" and his "opinions and his passions...have a reciprocal influence on each other."
  • Precisely because this influence arises from the link between "reason" and "self-love," the latter of which distorts the former, property accounts for "the most common and durable source of factions," the key being its durability.
  • Whereas David Hume's analysis of parties said that those based on self-interest were the most excusable while those based on passions were the most dangerous, Madison warns of the reverse. Those rooted in emotion — including "an attachment to different leaders ambitiously contending for pre-eminence and power" — are the least worrisome precisely because they are based on passions, which Madison believes to be transient.
  • A second assumption of Federalist No. 10 is consequently that irrational passions, which Madison understands to be those not based on interest, are inherently unsustainable and thus are naturally fleeting.
  • Having dismissed minority factions, Madison turns his attention to abusive majorities.
  • if a group is impelled by ill motives, the intrinsic conditions of an extended republic will make it difficult for it to become a majority.
  • A third assumption, then, is that both geographic and constitutional distance will permit the passions to dissipate before their translation into policy.
  • Finally, Madison cautions Jefferson in correspondence about a month before Federalist No. 10's publication that the extended-republic theory "can only hold within a sphere of a mean extent. As in too small a sphere oppressive combinations may be too easily formed agst. the weaker party; so in too extensive a one, a defensive concert may be rendered too difficult against the oppression of those entrusted with the administration."
  • To recapitulate, the assumptions are as follows: The people will share a belief in the existence of an objective moral order, even if they dispute its content; passions, especially when they pertain to attachments or aversions to political leaders, will be unsustainable; government will not dictate the distribution of small economic advantages; geographic and constitutional distance will operate to dissipate passions; and, finally, the territory will not be so large that public opinion cannot form.
  • none of them stands in a form that would be recognizable to Madison today.
  • ASSUMPTIONS UNDONE
  • It is almost universally acknowledged that moral relativism is ascendant in contemporary American society.
  • The question, rather, is whether the foundational assumptions of Federalist No. 10 can withstand the pressure of contemporary communications technology. There is reason to believe they cannot.
  • There is a balance to be struck: Communication is useful insofar as it makes the "mean extent" that was Madison's final assumption larger by enabling the formation of a "defensive concert" through the cultivation of public consensus against an abusive regime. But on Madison's account, the returns on rapid communication should diminish beyond this point because there will be no space in which passions can calm before impulse and decision converge.
  • what is clear is that there are enough opinions dividing the country that any project attempting to form a coherent public will seems doomed.
  • The Madisonian impulse is to look first for institutional solutions that can discipline interest groups. Constitutional mechanisms like judicial review, then, might be used to inhibit factions. But judicial review can be done well or poorly.
  • The empirical conditions not merely of an extensive republic but of 18th-century reality aided in Madison's effort. The deliberate pace of communication did not require an institutional midwife. It was a fact of life. It need hardly be said that, 230 years after the essay's November 1787 publication, this condition no longer obtains. The question is what replaces it.
  • The answer is that the converse of each assumption on which Federalist No. 10 relies is a restraining virtue.
  • If Federalist No. 10 assumes at least consensus as to the existence of an objective morality, pure moral relativism must be challenged.
  • If the immediate translation of preferences into policy is possible but detrimental, patience must intervene. I
  • If technology has erased the constitutional distance between officeholders and constituents, self-restraint and deference may be required.
  • If it has also shrunk attention spans to 140 characters, an ethic of public spiritedness will have to expand them.
  • What unites these is civic virtue, and thus the American regime must now get serious about its recovery
  • He wrote in Federalist No. 55: As there is a degree of depravity in mankind which requires a certain degree of circumspection and distrust, so there are other qualities in human nature which justify a certain portion of esteem and confidence. Republican government presupposes the existence of these qualities in a higher degree than any other form. Were the pictures which have been drawn by the political jealousy of some among us faithful likenesses of the human character, the inference would be that there is not sufficient virtue among men for self-government; and that nothing less than the chains of despotism can restrain them from destroying and devouring one another.
  • At Virginia's ratifying convention, similarly, Madison noted the propensity to assume either the worst or the best from politicians. He replied:
  • But 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.
  • Still, the traditional means of inculcating virtue — the family and institutions such as local schools — are themselves under pressure or subject to political capture.
  • A national effort to instill civic virtue would almost certainly careen into the kind of politicization that has been witnessed in Education Department history standards and the like.
  • Consequently, subsidiarity, the diffusion of authority to the most local possible level, would be vital to any effective effort to revive civic virtue. That is, it could not be uniform or imposed from on high. Political leaders could help in cultivating an awareness of its necessity, but not in dictating its precise terms.
  • The first part of this combination is moral virtue, which the ethic of subsidiarity teaches is likelier to come from the home than from school, and from life lessons than from textbooks.
  • Students as early as elementary school routinely learn the virtues of the Bill of Rights, in part because it is shorter and simpler to teach than the main body of the Constitution.
  • The success of civic education is nowhere clearer than in the arguably distorting effect it has had in provoking what Mary Ann Glendon calls "rights talk," the substitution of assertions of rights for persuasive argumentation about politics
  • Of these virtues, patience will surely be the hardest to restore. This is, to be clear, patience not as a private but rather as a civic virtue.
  • It asks that they consider issues in dimensions deeper than a tweet or, more precisely, that they demand that those they elect do so and thus do not expect their passions to be regularly fed.
  • Perhaps the best that can be achieved here is refusing to allow the positive state to reach further into the minutiae of economic life, generating more spaces for minority factions to hide
  • As any reader of Lincoln's Temperance Address knows, neither heroic self-restraint nor clobbering, moralistic education will succeed in inculcating such virtues as patience and moderation. A combined educational program is necessary, and politics in any modern sense can only account for part of it.
  • civic education can achieve constitutional ends. Of course, rights as contemporarily understood are entitlements; they supply us with something. Civic virtue, by contrast, demands something of us, and as such presents a more substantial political challenge.
  • The second is a shift in civic education from the entitlement mentality of the Bill of Rights to the constitutional architecture of the overall regime, with the latter engendering an appreciation of the cadences and distances at which it is intended to function and the limited objects it is intended to attain.
  • While Madison's "mean extent" for a republic has, in the modern United States, far exceeded the scope possible for forming a public will with respect to most particular issues, it may still be possible to form a coherent if thin understanding of the regime and, consequently, a defensive concert to safeguard it.
  • a recognition that virtue is more necessary now than it used to be — when empirical conditions imposed patience and distance — does not rely on virtue in any blind or total sense. It does not, for example, seek to replace the institutional mechanisms Madison elucidates elsewhere with virtue. It simply recognizes that the particular assumptions of Federalist No. 10 no longer operate without added assistance. In other words, as Daniel Mahoney has argued, we must theorize the virtue that the founders could presuppose.
  • The issue, then, is not that civic virtue is all that is important to the Madisonian system; it is that civic virtue is more important than it used to be for one pillar of that system.
Javier E

Conservative Case Emerges to Disqualify Trump for Role on Jan. 6 - The New York Times - 0 views

  • Two prominent conservative law professors have concluded that Donald J. Trump is ineligible to be president under a provision of the Constitution that bars people who have engaged in an insurrection from holding government offic
  • The professors — William Baude of the University of Chicago and Michael Stokes Paulsen of the University of St. Thomas — studied the question for more than a year and detailed their findings in a long article to be published next year in The University of Pennsylvania Law Review.
  • “When we started out, neither of us was sure what the answer was,” Professor Baude said. “People were talking about this provision of the Constitution. We thought: ‘We’re constitutional scholars, and this is an important constitutional question. We ought to figure out what’s really going on here.’ And the more we dug into it, the more we realized that we had something to add.”
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  • He summarized the article’s conclusion: “Donald Trump cannot be president — cannot run for president, cannot become president, cannot hold office — unless two-thirds of Congress decides to grant him amnesty for his conduct on Jan. 6.”
  • The provision in question is Section 3 of the 14th Amendment. Adopted after the Civil War, it bars those who had taken an oath “to support the Constitution of the United States” from holding office if they then “shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof.”Congress can remove the prohibition, the provision says, but only by a two-thirds vote in each chamber.
  • “There are many ways that this could become a lawsuit presenting a vital constitutional issue that potentially the Supreme Court would want to hear and decide,” Professor Paulsen said.
  • “It is unquestionably fair to say that Trump ‘engaged in’ the Jan. 6 insurrection through both his actions and his inaction,” the article said.
  • There is, the article said, “abundant evidence” that Mr. Trump engaged in an insurrection, including by setting out to overturn the result of the 2020 presidential election, trying to alter vote counts by fraud and intimidation, encouraging bogus slates of competing electors, pressuring the vice president to violate the Constitution, calling for the march on the Capitol and remaining silent for hours during the attack itself.
  • The new article examined the historical evidence illuminating the meaning of the provision at great length, using the methods of originalism. It drew on, among other things, contemporaneous dictionary definitions, other provisions of the Constitution using similar language, “the especially strong evidence from 1860s Civil War era political and legal usage of nearly the precise same terms” and the early enforcement of the provision
  • The article concluded that essentially all of that evidence pointed in the same direction: “toward a broad understanding of what constitutes insurrection and rebellion and a remarkably, almost extraordinarily, broad understanding of what types of conduct constitute engaging in, assisting, or giving aid or comfort to such movements.”
johnsonel7

Vladimir Putin asked Russians to help rewrite the constitution. It got 'crazy.' - The W... - 0 views

  • MOSCOW — When President Vladimir Putin threw open the gates for Russians to propose changes to the country's constitution, the rewrite frenzy was on — particularly among nationalists, social conservatives, chauvinists and militants, who all dream of a Russia even more strident and militaristic.Russia is revamping its liberal Boris Yeltsin-era constitution, and citizens and organizations have put forward more than 700 suggested amendments — many with a distinctly anti-liberal bent
  • Vladimir Ryzhkov, a historian and opposition politician, said many of the amendments were “crazy proposals” mainly from people who opposed the liberal, humanist constitution of 1993.ADBut it’s a road map of where Russia has moved under Putin, who ordered the constitutional redo last month as part of an apparent plan to keep his grip on power after term limits force him out of the presidency in 2024
  • “There’s nothing new. Both proposals guarantee nothing. But it’s using propaganda to increase the support of these amendments,” Ryzhkov said.ADVoters will be given a yes-or-no vote on the full text of the new constitution. So if they like the state commitment to social payments, they will get every other amendment, too.
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  • “Many people around Putin and many people in this country, they hate the [1993] constitution because it’s too liberal for them,” Ryzhkov said. “Now that Putin opened this Pandora’s box of changing the constitution, all these conservative, reactionary, nationalistic, xenophobic, anti-European, anti-liberal political forces feel the possibility to kill this constitution, to kill this liberal spirit.”“That’s the reason,” he added, “so many crazy amendments are being proposed now.”
  • After 2024, Putin could take on a powerful post-presidency role such as State Council head. Vesting new powers in that body could create a vehicle for him to steer foreign and military policy and to ensure that his vision of Russia as a great world nuclear power does not unravel in some future orgy of corruption and incompetence.
  • “Putin becomes the successor of himself,” Kolesnikov said. “But institutionally this is a problem because the simultaneous existence of the president, who is still empowered, and the head of a State Council, could generate conflict between these two figures.“This has only been developed for Putin. There is no practical need for any kind of chair of the State Council,” he said. “This is all about Putin himself, not about the political structure.
Javier E

Is There a Constitution in This Text? - NYTimes.com - 0 views

  • “The written Constitution cannot work as intended without something outside of it — America’s unwritten Constitution — to fill its gaps and stabilize its meaning.” The meaning of the “inside” — the text’s literal words—cannot be specified independently of the “outside” — the set of assumptions and values that hangs over the enterprise and gives the deeds and words that occur within it shape and point. The text may not enumerate those assumptions and values, but, explains Amar, they “go without saying,” and because they go without saying the words that are said receive their meaning from them. “The unwritten Constitution … helps make sense of the text,” a sense that would not be available if an interpreter were confined to a “clause-bound literalism.”
  • The unwritten principles that preside over constitutional interpretation should not be thought of as items in a list; they are, rather, part and parcel of a general project — the implementation of American-style democracy — that is not defined and limited by the implications and considerations it gives rise to.
  • Explicitness, it turns out, is not a possible human achievement, which is no big deal because communication and understanding do not require it.What they do require is a grasp of the enterprise within which a particular utterance or writing is encountered.
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  • we have unwritten constitutions in every area of our discursive life. Whether it is the law, or higher education, or politics, or shop talk, or domestic interactions, utterances and writings are meaningful only against the background of a set of assumptions they do not contain. Textualism is not only a nonstarter in constitutional interpretation; it is a nonstarter everywhere.
Javier E

FOCUS | The Right's Second Amendment Lies - 0 views

  • ight-wing resistance to meaningful gun control is driven, in part, by a false notion that America's Founders adopted the Second Amendment because they wanted an armed population that could battle the U.S. government. The opposite is the truth, but many Americans seem to have embraced this absurd, anti-historical narrative.
  • The reality was that the Framers wrote the Constitution and added the Second Amendment with the goal of creating a strong central government with a citizens-based military force capable of putting down insurrections, not to enable or encourage uprisings
  • The men who gathered in Philadelphia in 1787 weren't precursors to France's Robespierre or Russia's Leon Trotsky, believers in perpetual revolutions. In fact, their work on the Constitution was influenced by the experience of Shays' Rebellion in western Massachusetts in 1786, a populist uprising that the weak federal government, under the Articles of Confederation, lacked an army to defeat.
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  • "If three years ago [at the end of the American Revolution] any person had told me that at this day, I should see such a formidable rebellion against the laws & constitutions of our own making as now appears I should have thought him a bedlamite - a fit subject for a mad house," Washington wrote to Knox on Feb. 3, 1787, adding that if the government "shrinks, or is unable to enforce its laws … anarchy & confusion must prevail."
  • Washington's alarm about Shays' Rebellion was a key factor in his decision to take part in - and preside over - the Constitutional Convention, which was supposed to offer revisions to the Articles of Confederation but instead threw out the old structure entirely and replaced it with the U.S. Constitution, which shifted national sovereignty from the 13 states to "We the People" and dramatically enhanced the power of the central government.
  • A central point of the Constitution was to create a peaceful means for the United States to implement policies favored by the people but within a structure of checks and balances to prevent radical changes deemed too disruptive to the established society. For instance, the two-year terms of the House of Representatives were meant to reflect the popular will but the six-year terms of the Senate were designed to temper the passions of the moment.
  • Within this framework of a democratic Republic, the Framers criminalized taking up arms against the government. Article IV, Section 4 committed the federal government to protect each state from not only invasion but "domestic Violence," and treason is one of the few crimes defined in the Constitution as "levying war against" the United States as well as giving "Aid and Comfort" to the enemy (Article III, Section 3).
  • To win over other skeptics, Madison agreed to support a Bill of Rights, which would be proposed as the first ten amendments to the Constitution.
  • The Second Amendment dealt with concerns about "security" and the need for trained militias to ensure what the Constitution called "domestic Tranquility." There was also hesitancy among many Framers about the costs and risks from a large standing army, thus making militias composed of citizens an attractive alternative.
  • "A well-regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed." Contrary to some current right-wing fantasies about the Framers wanting to encourage popular uprisings over grievances, the language of the amendment is clearly aimed at maintaining order within the country.
  • That point was driven home by the actions of the Second Congress amid another uprising which erupted in 1791 in western Pennsylvania. This anti-tax revolt, known as the Whiskey Rebellion, prompted Congress in 1792 to expand on the idea of "a well-regulated militia" by passing the Militia Acts which required all military-age white males to obtain their own muskets and equipment for service in militias.
  • there is also the simple logic that the Framers represented the young nation's aristocracy. Many, like Washington, owned vast tracts of land. They recognized that a strong central government and domestic tranquility were in their economic interests.
  • it would be counterintuitive - as well as anti-historical - to believe that Madison and Washington wanted to arm the population so the discontented could resist the constitutionally elected government. In reality, the Framers wanted to arm the people - at least the white males - so uprisings, whether economic clashes like Shays' Rebellion, anti-tax protests like the Whiskey Rebellion, attacks by Native Americans or slave revolts, could be repulsed.
Javier E

Donald Trump Has Broken the Constitution - The Atlantic - 1 views

  • The Constitution is not, however, as Justice Robert Jackson once famously wrote, “a suicide pact.” That phrase is usually used to suggest that government can legitimately overstep its bounds in times of emergency. But it also refers, I think, to moments when “we the people” pour a national libation of Kool-Aid and demand that everybody drink.
  • Clearly a large proportion of American citizens—not as many as voted for Hillary Clinton, but still, under our strange system, enough—wanted Trump as their president and now hope that he fulfills the loud promises he repeatedly made to the country.
  • But those promises are the problem. Donald Trump ran on a platform of relentless, thoroughgoing rejection of the Constitution itself, and its underlying principle of democratic self-government and individual rights. True, he never endorsed quartering of troops in private homes in time of peace, but aside from that there is hardly a provision of the Bill of Rights or later amendments he did not explicitly promise to override, from First Amendment freedom of the press and of religion to Fourth Amendment freedom from “unreasonable searches and seizures” to Sixth Amendment right to counsel to Fourteenth Amendment birthright citizenship and Equal Protection and Fifteenth Amendment voting rights.
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  • Like an admissions officer at Trump University, he offered Americans a bag of magic beans and asked them in exchange to hand over their rights and their form of government.Smiling, nearly 60 million complied.
  • He is, in other words, a figure out of authoritarian politics, not the American tradition; and a democratic constitution that empowers such a leader has misfired badly.
  • American national leaders gain their legitimacy by competing in compliance with not merely the outward forms but the clear values of our Constitution—equal dignity, religious freedom and tolerance, open deliberation, and the rule of law.
  • These values don’t bind Donald Trump; norms of decency do not apply; he shrugs off the very burden of fact itself. Like dictators of the Old World, he uses his mass media power to lie, to insult, to strip individuals of their dignity, to commit the grossest libels of religious and national groups, and to encourage persecution, torture, and public violence. He actively campaigns against any notions of racial, religious, and sexual equality. He threatens those who oppose him with the unchecked power of the state.
  • I deny their right to give Trump my rights or those of others who cannot defend themselves. No result is legitimate that threatens the Constitution its very promise of the “blessings of liberty.” No transient plurality, no matter how angry, has the power to strip minorities of equal status and protection; no mass of voters, no matter how frightened, has the power to vote away the democratic future of their children and their children’s children.
  • Over a decade and a half of no-holds-barred politics and “enemy-within” panic, Americans drove their democracy as if it were an automobile with an oil leak, until the engine at last has seized up and the vehicle has crashed.
  • The Constitution is broken, and I don’t know how, or whether, it will be fixed.
  • But I know this as well: Trump was elected President on November 8.But he is not my president and he never will be.
nrashkind

Impeachment: Donald Trump v. The Constitution - 0 views

  • As House Democrats prepare their case for impeachment, attention increasingly will focus on the nation's founding document, which outlines the unique roles of Congress, the president and the federal courts.
  • And so, the question: Has Trump violated the Constitution?
  • And does that justify ending his presidency?
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  • Not if his lawyers have anything to say about it.
  • if he is impeached by the House, and convicted by the Senate of "treason, bribery, or other high crimes and misdemeanors."
  • Throughout Trump's presidency, investigations into Russia's efforts to influence the 2016 election and other matters relating to his business dealings have made impeachment a possibility.
  • This summer's revelations that Trump asked Ukraine's president to investigate past and future political opponents made it probable, if not inevitable. 
  • "We believe the acts revealed publicly over the past several weeks are fundamentally incompatible with the president’s oath of office, his duties as commander in chief, and his constitutional obligation to 'take care that the laws be faithfully executed,'
  • "He’s taking care of himself, not taking care of the country."
  • What Trump did on July 25 was ask Ukraine's new president, Volodymyr Zelensky, to investigate the Democrats' leading presidential candidate at the time, Joe Biden, and his son Hunter.
  • Trump also asked indirectly for a probe of emails stolen from the Democratic National Committee in 2016.
  • In the same conversation, the president noted that "the United States has been very, very good to Ukraine. I wouldn’t say that it’s reciprocal, necessarily."
  • The president was referring at the time to financing his long-sought wall along the border with Mexico
  • That would be Article I, Section 9, Clause 8 of the Constitution, which bars federal officeholders from accepting gifts from foreign governments.
  • An eight-page letter from the White House counsel earlier this month basically declared war on House Democrats' impeachment inquiry. The president, Pat Cipollone said, won't cooperate.
  • But others defend the president's resistance.
  • Alexander Hamiton wrote extensively on impeachment in the Federalist Papers, but the Constitution gives it only six brief mentions. The references leave plenty of leeway.
  • "The Constitution gets violated all the time," Barnett says. "That doesn’t make the violation of the Constitution a high crime or misdemeanor."
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    This article outlines the possible impeachment of President Trump
Javier E

Opinion | Impeachment Would Defend Congress Against Trump - The New York Times - 0 views

  • If Congress declines to impeach and convict the president for his actions on Wednesday, its failure to act will weaken the basic structure of the Constitution.
  • The key issue is this: One of the three branches of the federal government has just incited an armed attack against another branch
  • Beyond the threat to a peaceful transition, the incident was a fundamental violation of the separation of powers.
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  • Prompted by the chief executive, supporters laid siege to, invaded, and occupied the Capitol building, deploying weapons and subjecting members of both chambers of Congress to intimidation and violence in an effort to produce a particular decision by force.
  • We have all been taught about “checks and balances” in school. The Constitutional strategy for limiting power requires that officeholders defend the institutions they occupy against what the framers called “encroachments” by the other branches. Usually encroachments are understood metaphorically, and there is time to allow the branches to work out their differences in the back and forth of political negotiation and occasional court battles. The president’s attempted encroachment on the constitutional rights of Congress this past Wednesday was anything but metaphorical
  • The president aimed to reverse the decision that Congress was making on a question that the Constitution expressly reserved for the legislature.
  • At Wednesday’s rally, Mr. Trump gave some prepared remarks on the so-called evidence of election fraud, but he worried aloud that the crowd would be bored by those details. The more powerful thread running through his speech was an argument that constitutional constraints were forms of weakness, that Vice President Mike Pence and Congress should not be allowed to certify the election, and that it was time to take the gloves off and fight.
  • If the cabinet and vice president decided to remove the president temporarily from his duties through the 25th Amendment, they would protect us against some immediate dangers, but their action would do nothing to stand up for the integrity of Congress as a coequal branch of government. In fact, it would reinforce the notion that true power is concentrated only in the executive branch. Impeachment and conviction offer the only constitutionally appropriate response to the president’s encroachment on the legislative branch.
  • When James Madison described the checks and balances in Federalist No. 51, he wrote that “ambition must be made to counteract ambition” and that “the interest of the man must be connected with the constitutional rights of the place.” This means that members of Congress should feel that their personal interests and ambitions are intertwined with the power of the institution they occupy.
  • Members who said they wanted to satisfy popular sentiment questioning the election results by channeling it through a congressional commission should see that the president’s actions have made a mockery of their procedural efforts. Their place in history depends on whether they counteract the president’s ambition and resist the humiliation of Congress in the way the constitutional framers assumed any self-respecting legislator would.
  • Not so long ago, the Republican Party described itself as “the party of Lincoln” and flaunted its commitment to constitutionalism. Now, the question is whether enough Republican senators will do what is necessary to help the country step away from what Lincoln called the “mobocratic spirit,” which he identified as the greatest threat to our political institutions.
  • If Congress does not utilize the constitutional means of defending itself and deterring future attacks, this moment will come to be regarded by historians as a decisive capitulation, not just to President Trump, but to a dangerous new mode of presidential action. The precedent that a president can stir up mobs to intimidate the other branches will be set, and even if it recedes into the background for a while, eventually that precedent will be followed.
katherineharron

Tommy Tuberville, meet the Constitution. Constitution, Senator Tuberville. - CNNPolitics - 0 views

  • Alabama Sen. Tommy Tuberville has an idea about how to make next week's inauguration as safe as possible: Just move it to a few weeks later!
  • "We probably could have had a swearing-in and inauguration later after we got this virus behind us a little bit," Tuberville suggested in an interview
  • Er, so, this is awkward, senator, but the whole Inauguration Day thing isn't, um, movable?
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  • See, there's this document called the Constitution -- it's kind of a big deal -- which makes very, very clear that the transfer of presidential power has to happen on January 20 at noon. It's all right there in section I of the 20th Amendment; "The terms of the President and the Vice President shall end at noon on the 20th day of January." It was ratified by the states in 1933. Which was 88 years ago.
  • This isn't the first time that Tuberville, who beat Democratic Sen. Doug Jones in November, has shown a, um, lack of familiarity with the Constitution.
  • First, the three branches of government are the executive, the legislative and the judicial. Second, the judicial branch isn't a partisan body where Republicans and Democrats fight for control.
  • "Our government wasn't set up for one group to have all three branches of government — wasn't set up that way," Tuberville said, adding: "You know, the House, the Senate, and the executive."
  • Now, there's no requirement that you have to know the ins and outs (or even the basics) of the Constitution in order to hold an office. But one might also reasonably conclude that if you did happen to be elected to the United States Senate, you would want to buff up any weak(er) spots in your knowledge about the country's fundamental governing document.
  • Not so apparently with Tuberville, who came to the Senate having never run for any elected office before -- his formative professional experience was as the head coach of the Auburn football team -- and whose first two votes in Congress were to object to the Electoral College counts in Pennsylvania and Arizona.
  • Tuberville regularly touted his lack of political experience on the campaign trail as evidence he wasn't beholden to the permanent political class in Washington. "I'm tired of seeing the kickbacks and the swamp," he told an audience in 2019. "This is not an ego trip. I have money in the bank. I want this job."
Javier E

Kings, Presidents and Foreign Subversion | Talking Points Memo - 0 views

  • After the Stuart Restoration, Charles II sought to loosen his dependence on Parliament by among other things receiving subsidies (large cash payments) from Louis XIV, King of France. The ability to supply tax revenue for impoverished Kings is basically the root of all parliamentary power in what is now the United Kingdom. At the time the King being in the pay of a foreign King wasn’t without controversy. But it didn’t seem absurd on its face, as it would to us today, because in many ways the theory was that the King owned the country.
  • But the King owned his power. His sovereignty and the bundle of powers he used to enforce it were his. Any sense of what was in the public interest or his personal interest was an irrelevancy or not even entirely comprehensible because again, he was King. He didn’t just have the powers. He owned them. In a sense he owned the whole country.
  • This is a critical backdrop to all those provisions in the US Constitution about foreign subversion and subsidies. Seen through this perspective, which is the proper one, there are numerous provisions in the Constitution meant to ensure that the President remains beholden to the Constitution and the Congress. He doesn’t own his powers.
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  • The US constitution gives the President a great deal of power. That power has been added to immensely by constitutional interpretations from the 20th century and especially those from the late 20th century tied to the President’s powers as “commander-in-chief” of the US armed forces.
  • ut the powers are real and they were a key element behind the passage of the constitution itself in 1787
  • There was a growing consensus that the Articles of Confederation that preceded them, designed in the context of extreme wariness of monarchical and executive power, simply lacked the energy and executive power to defend itself and what remained a generally weak country. A great deal of the debate in essays of ‘The Federalist’ grapple with how to make an executive potent and yet restrainable.
  • But the key through-line through the whole constitutional document is that the powers of the President are given to him or her for the specific and sole purposes of protecting the constitution, enforcing the laws and protecting the national interest. They are not owned but on loan.
  • The President is a fiduciary of the American people, much as a financial advisor or lawyer or trustee to whom you give a great deal of power but only to act on your behalf. The moment they start using the power you’ve given them to act on your behalf but rather use it to solicit money for themselves the power instantly becomes illegitimate.
  • the President has no power at all to use these powers – which are vast and on loan – to enrich himself or to retain his hold on power
  • It really is like you’re a rich person with wealth manager managing your assets and you find out they made the decision to manage your assets by giving every third dollar to themselves. But, instead of hoping a plane to Uruguay as most self-respecting crooked wealth managers might, this one said: No, this was the decision I made. My power is complete. Don’t second guess me!
  • This is why all the chatter about well Presidents do quid pro quos all the time, or they withhold aid from countries or they bargain over things with foreign leaders. Well, sure they do. But they can do that because they’re advancing what they understand to be the national interest. Your wealth manager or lawyer can make deals on your behalf but not theirs. It’s really not complicated
clairemann

Supreme Court to decide if states can ignore constitution | The Sacramento Bee - 0 views

  • The Supreme Court will hear oral arguments Monday in two cases challenging a Texas law that prohibits abortions after the sixth week of pregnancy. The stakes in these cases are great not only for the future of Roe v. Wade but also for the ability of states to violate the U.S. Constitution.
  • The result has been widespread closures of abortion clinics in Texas, even though women in the U.S. have a constitutional right to abortion.
  • Texas argues that the only way to challenge the law would be for a doctor to violate it and argue, as a defense, that the law is unconstitutional. In light of the uncertain fate of Roe v. Wade, doctors in Texas understandably don’t want to risk civil liability by violating the law.
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  • The court has repeatedly said people don’t need to violate a law in order to challenge its constitutionality.
  • If no one can bring a suit challenging a state law authorizing civil suits, then states can adopt laws creating liability for the exercise of any constitutional right. As a consequence, states could, for example, adopt a law authorizing suits against those performing same-sex weddings, even though there’s a constitutional right to marriage equality.
  • Therefore, the issue of whether to overrule Roe v. Wade is not directly before the court on Monday. The two cases to be argued that day are both about who, if anyone, can challenge a state law that authorizes civil suits for exercising a constitutional right.
  • The two cases to be heard by the court on Monday thus raise the question of whether a state can adopt an unconstitutional law and immunize it from being enjoined by any court.
  • It’s hard to overstate the significance of what will be argued next week, which is ultimately about whether a state can flout the Constitution. If no one can sue to enjoin an unconstitutional law, what is left of the supremacy of the Constitution and the rule of law?
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