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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 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

Economics of Good and Evil: The Quest for Economic Meaning from Gilgamesh to Wall Stree... - 2 views

  • Instead of self-confident and self-centered answers, the author humbly asks fundamental questions: What is economics? What is its meaning? Where does this new religion, as it is sometimes called, come from? What are its possibilities and its limitations and borders, if there are any? Why are we so dependent on permanent growing of growth and growth of growing of growth? Where did the idea of progress come from, and where is it leading us? Why are so many economic debates accompanied by obsession and fanaticism?
  • The majority of our political parties act with a narrow materialistic focus when, in their programs, they present the economy and finance first; only then, somewhere at the end, do we find culture as something pasted on or as a libation for a couple of madmen.
  • most of them—consciously or unconsciously—accept and spread the Marxist thesis of the economic base and the spiritual superstructure.
  • ...297 more annotations...
  • He tries to break free of narrow specialization and cross the boundaries between scientific disciplines. Expeditions beyond economics’ borders and its connection to history, philosophy, psychology, and ancient myths are not only refreshing, but necessary for understanding the world of the twenty-first century.
  • Reality is spun from stories, not from material. Zdeněk Neubauer
  • “The separation between the history of a science, its philosophy, and the science itself dissolves into thin air, and so does the separation between science and non-science; differences between the scientific and unscientific are vanishing.”
  • Outside of our history, we have nothing more.
  • The study of the history of a certain field is not, as is commonly held, a useless display of its blind alleys or a collection of the field’s trials and errors (until we got it right), but history is the fullest possible scope of study of a menu that the given field can offer.
  • History of thought helps us to get rid of the intellectual brainwashing of the age, to see through the intellectual fashion of the day, and to take a couple of steps back.
  • Almost all of the key concepts by which economics operates, both consciously and unconsciously, have a long history, and their roots extend predominantly outside the range of economics, and often completely beyond that of science.
  • That is the reason for this book: to look for economic thought in ancient myths and, vice versa, to look for myths in today’s economics.
  • stories; Adam Smith believed. As he puts it in The Theory of Moral Sentiments, “the desire of being believed, or the desire of persuading, of leading and directing other people, seems to be one of the strongest of all our natural desires.”
  • “The human mind is built to think in terms of narratives … in turn, much of human motivation comes from living through a story of our lives, a story that we tell to ourselves and that creates a framework of our motivation. Life could be just ‘one damn thing after another’ if it weren’t for such stories. The same is true for confidence in a nation, a company, or an institution. Great leaders are foremost creators of stories.”
  • contrary to what our textbooks say, economics is predominantly a normative field. Economics not only describes the world but is frequently about how the world should be (it should be effective, we have an ideal of perfect competition, an ideal of high-GDP growth in low inflation, the effort to achieve high competitiveness …). To this end, we create models, modern parables,
  • I will try to show that mathematics, models, equations, and statistics are just the tip of the iceberg of economics; that the biggest part of the iceberg of economic knowledge consists of everything else; and that disputes in economics are rather a battle of stories and various metanarratives than anything else.
  • Before it was emancipated as a field, economics lived happily within subsets of philosophy—ethics, for example—miles away from today’s concept of economics as a mathematical-allocative science that views “soft sciences” with a scorn born from positivistic arrogance. But our thousand-year “education” is built on a deeper, broader, and oftentimes more solid base. It is worth knowing about.
  • is a paradox that a field that primarily studies values wants to be value-free. One more paradox is this: A field that believes in the invisible hand of the market wants to be without mysteries.
  • mathematics at the core of economics, or is it just the icing of the cake, the tip of the iceberg of our field’s inquiry?
  • we seek to chart the development of the economic ethos. We ask questions that come before any economic thinking can begin—both philosophically and, to a degree, historically. The area here lies at the very borders of economics—and often beyond. We may refer to this as protoeconomics (to borrow a term from protosociology) or, perhaps more fittingly, metaeconomics (to borrow a term from metaphysics).
  • In this sense, “the study of economics is too narrow and too fragmentary to lead to valid insight, unless complemented and completed by a study of metaeconomics.”17
  • The more important elements of a culture or field of inquiry such as economics are found in fundamental assumptions that adherents of all the various systems within the epoch unconsciously presuppose. Such assumptions appear so obvious that people do not know what they are assuming, because no other way of putting things has ever occurred to them, as the philosopher Alfred Whitehead notes in Adventures of Ideas.
  • I argue that economic questions were with mankind long before Adam Smith. I argue that the search for values in economics did not start with Adam Smith but culminated with him.
  • We should go beyond economics and study what beliefs are “behind the scenes,” ideas that have often become the dominant yet unspoken assumptions in our theories. Economics is surprisingly full of tautologies that economists are predominantly unaware of. I
  • argue that economics should seek, discover, and talk about its own values, although we have been taught that economics is a value-free science. I argue that none of this is true and that there is more religion, myth, and archetype in economics than there is mathematics.
  • In a way, this is a study of the evolution of both homo economicus and, more importantly, the history of the animal spirits within him. This book tries to study the evolution of the rational as well as the emotional and irrational side of human beings.
  • I argue that his most influential contribution to economics was ethical. His other thoughts had been clearly expressed long before him, whether on specialization, or on the principle of the invisible hand of the market. I try to show that the principle of the invisible hand of the market is much more ancient and developed long before Adam Smith. Traces of it appear even in the Epic of Gilgamesh, Hebrew thought, and in Christianity, and it is expressly stated by Aristophanes and Thomas Aquinas.
  • This is not a book on the thorough history of economic thought. The author aims instead to supplement certain chapters on the history of economic thought with a broader perspective and analysis of the influences that often escape the notice of economists and the wider public.
  • Progress (Naturalness and Civilization)
  • The Economy of Good and Evil
  • from his beginnings, man has been marked as a naturally unnatural creature, who for unique reasons surrounds himself with external possessions. Insatiability, both material and spiritual, are basic human metacharacteristics, which appear as early as the oldest myths and stories.
  • the Hebrews, with linear time, and later the Christians gave us the ideal (or amplified the Hebrew ideal) we now embrace. Then the classical economists secularized progress. How did we come to today’s progression of progress, and growth for growth’s sake?
  • The Need for Greed: The History of Consumption and Labor
  • Metamathematics From where did economics get the concept of numbers as the very foundation of the world?
  • All of economics is, in the end, economics of good and evil. It is the telling of stories by people of people to people. Even the most sophisticated mathematical model is, de facto, a story, a parable, our effort to (rationally) grasp the world around us.
  • idea that we can manage to utilize our natural egoism, and that this evil is good for something, is an ancient philosophical and mythical concept. We will also look into the development of the ethos of homo economicus, the birth of “economic man.”
  • The History of Animal Spirits: Dreams Never Sleep
  • Masters of the Truth
  • Originally, truth was a domain of poems and stories, but today we perceive truth as something much more scientific, mathematical. Where does one go (to shop) for the truth? And who “has the truth” in our epoch?
  • Our animal spirits (something of a counterpart to rationality) are influenced by the archetype of the hero and our concept of what is good.
  • The entire history of ethics has been ruled by an effort to create a formula for the ethical rules of behavior. In the final chapter we will show the tautology of Max Utility, and we will discuss the concept of Max Good.
  • The History of the Invisible Hand of the Market and Homo Economicus
  • We understand “economics” to mean a broader field than just the production, distribution, and consumption of goods and services. We consider economics to be the study of human relations that are sometimes expressible in numbers, a study that deals with tradables, but one that also deals with nontradables (friendship, freedom, efficiency, growth).
  • When we mention economics in this book, we mean the mainstream perception of it, perhaps as best represented by Paul Samuelson.
  • By the term homo economicus, we mean the primary concept of economic anthropology. It comes from the concept of a rational individual, who, led by narrowly egotistical motives, sets out to maximize his benefit.
  • the Epic of Gilgamesh bears witness to the opposite—despite the fact that the first written clay fragments (such as notes and bookkeeping) of our ancestors may have been about business and war, the first written story is mainly about great friendship and adventure.
  • there is no mention of either money or war; for example, not once does anyone in the whole epic sell or purchase something.5 No nation conquers another, and we do not encounter a mention even of the threat of violence.
  • Gilgamesh becomes a hero not only due to his strength, but also due to discoveries and deeds whose importance were in large part economic—direct gaining of construction materials in the case of felling the cedar forest, stopping Enkidu from devastating Uruk’s economy, and discovering new desert routes during his expeditions.
  • Even today we live in Gilgamesh’s vision that human relations—and therefore humanity itself—are a disturbance to work and efficiency; that people would perform better if they did not “waste” their time and energy on nonproductive things.
  • is a story of nature and civilization, of heroism, defiance, and the battle against the gods, and evil; an epic about wisdom, immortality, and also futility.
  • But labour is unlike any other commodity. The work environment is of no concern for steel; we do not care about steel’s well-being.16
  • But it is in friendship where—often by-the-way, as a side product, an externality—ideas and deeds are frequently performed or created that together can altogether change the face of society.19 Friendship can go against an ingrained system in places where an individual does not have the courage to do so himself or herself.
  • As Joseph Stiglitz says, One of the great “tricks” (some say “insights”) of neoclassical economics is to treat labour like any other factor of production. Output is written as a function of inputs—steel, machines, and labour. The mathematics treats labour like any other commodity, lulling one into thinking of labour like an ordinary commodity, such as steel or plastic.
  • Even the earliest cultures were aware of the value of cooperation on the working level—today we call this collegiality, fellowship, or, if you want to use a desecrated term, comradeship. These “lesser relationships” are useful and necessary for society and for companies because work can be done much faster and more effectively if people get along with each other on a human level
  • But true friendship, which becomes one of the central themes of the Epic of Gilgamesh, comes from completely different material than teamwork. Friendship, as C. S. Lewis accurately describes it, is completely uneconomical, unbiological, unnecessary for civilization, and an unneeded relationship
  • Here we have a beautiful example of the power of friendship, one that knows how to transform (or break down) a system and change a person. Enkidu, sent to Gilgamesh as a punishment from the gods, in the end becomes his faithful friend, and together they set out against the gods. Gilgamesh would never have gathered the courage to do something like that on his own—nor would Enkidu.
  • Due to their friendship, Gilgamesh and Enkidu then intend to stand up to the gods themselves and turn a holy tree into mere (construction) material they can handle almost freely, thereby making it a part of the city-construct, part of the building material of civilization, thus “enslaving” that which originally was part of wild nature. This is a beautiful proto-example of the shifting of the borders between the sacred and profane (secular)—and to a certain extent also an early illustration of the idea that nature is there to provide cities and people with raw material and production resources.
  • started with Babylonians—rural nature becomes just a supplier of raw materials, resources (and humans the source of human resources). Nature is not the garden in which humans were created and placed, which they should care for and which they should reside in, but becomes a mere reservoir for natural (re)sources.
  • Even today, we often consider the domain of humanity (human relations, love, friendship, beauty, art, etc.) to be unproductive;
  • Both heroes change—each from opposite poles—into humans. In this context, a psychological dimension to the story may be useful: “Enkidu (…) is Gilgamesh’s alter ego, the dark, animal side of his soul, the complement to his restless heart. When Gilgamesh found Enkidu, he changed from a hated tyrant into the protector of his city. (…)
  • To be human seems to be somewhere in between, or both of these two. We
  • this moment of rebirth from an animal to a human state, the world’s oldest preserved epic implicitly hints at something highly important. Here we see what early cultures considered the beginning of civilization. Here is depicted the difference between people and animals or, better, savages. Here the epic quietly describes birth, the awakening of a conscious, civilized human. We are witnesses to the emancipation of humanity from animals,
  • The entire history of culture is dominated by an effort to become as independent as possible from the whims of nature.39 The more developed a civilization is, the more an individual is protected from nature and natural influences and knows how to create around him a constant or controllable environment to his liking.
  • The price we pay for independence from the whims of nature is dependence on our societies and civilizations. The more sophisticated a given society is as a whole, the less its members are able to survive on their own as individuals, without society.
  • The epic captures one of the greatest leaps in the development of the division of labor. Uruk itself is one of the oldest cities of all, and in the epic it reflects a historic step forward in specialization—in the direction of a new social city arrangement. Because of the city wall, people in the city can devote themselves to things other than worrying about their own safety, and they can continue to specialize more deeply.
  • Human life in the city gains a new dimension and suddenly it seems more natural to take up issues going beyond the life span of an individual. “The city wall symbolizes as well as founds the permanence of the city as an institution which will remain forever and give its inhabitants the certainty of unlimited safety, allowing them to start investing with an outlook reaching far beyond the borders of individual life.
  • The wall around the city of Uruk is, among other things, a symbol of an internal distancing from nature, a symbol of revolts against submission to laws that do not come under the control of man and that man can at most discover and use to his benefit.
  • “The chief thing which the common-sense individual wants is not satisfactions for the wants he had, but more, and better wants.”47
  • If a consumer buys something, theoretically it should rid him of one of his needs—and the aggregate of things they need should be decreased by one item. In reality, though, the aggregate of “I want to have” expands together with the growing aggregate of “I have.”
  • can be said that Enkidu was therefore happy in his natural state, because all of his needs were satiated. On the other hand, with people, it appears that the more a person has, the more developed and richer, the greater the number of his needs (including the unsaturated ones).
  • the Old Testament, this relationship is perceived completely differently. Man (humanity) is created in nature, in a garden. Man was supposed to care for the Garden of Eden and live in harmony with nature and the animals. Soon after creation, man walks naked and is not ashamed, de facto the same as the animals. What is characteristic is that man dresses (the natural state of creation itself is not enough for him), and he (literally and figuratively) covers52 himself—in shame after the fall.53
  • Nature is where one goes to hunt, collect crops, or gather the harvest. It is perceived as the saturator of our needs and nothing more. One goes back to the city to sleep and be “human.” On the contrary, evil resides in nature. Humbaba lives in the cedar forest, which also happens to be the reason to completely eradicate it.
  • Symbolically, then, we can view the entire issue from the standpoint of the epic in the following way: Our nature is insufficient, bad, evil, and good (humane) occurs only after emancipation from nature (from naturalness), through culturing and education. Humanity is considered as being in civilization.
  • The city was frequently (at least in older Jewish writings) a symbol of sin, degeneration, and decadence—nonhumanity. The Hebrews were originally a nomadic nation, one that avoided cities. It is no accident that the first important city57 mentioned in the Bible is proud Babylon,58 which God later turns to dust.
  • is enough, for example, to read the Book of Revelation to see how the vision of paradise developed from the deep Old Testament period, when paradise was a garden. John describes his vision of heaven as a city—paradise is in New Jerusalem, a city where the dimensions of the walls(!) are described in detail, as are the golden streets and gates of pearl.
  • Hebrews later also chose a king (despite the unanimous opposition of God’s prophets) and settled in cities, where they eventually founded the Lord’s Tabernacle and built a temple for Him. The city of Jerusalem later gained an illustrious position in all of religion.
  • this time Christianity (as well as the influence of the Greeks) does not consider human naturalness to be an unambiguous good, and it does not have such an idyllic relationship to nature as the Old Testament prophets.
  • If a tendency toward good is not naturally endowed in people, it must be imputed from above through violence or at least the threat of violence.
  • If we were to look at human naturalness as a good, then collective social actions need a much weaker ruling hand. If people themselves have a natural tendency (propensity) toward good, this role does not have to be supplied by the state, ruler, or, if you wish, Leviathan.
  • How does this affect economics?
  • us return for the last time to the humanization of the wild Enkidu, which is a process we can perceive with a bit of imagination as the first seed of the principle of the market’s invisible hand, and therefore the parallels with one of the central schematics of economic thinking.
  • Sometimes it is better to “harness the devil to the plow” than to fight with him. Instead of summoning up enormous energy in the fight against evil, it is better to use its own energy to reach a goal we desire; setting up a mill on the turbulent river instead of futile efforts to remove the current. This is also how Saint Prokop approached it in one of the oldest Czech legends.
  • Enkidu caused damage and it was impossible to fight against him. But with the help of a trap, trick, this evil was transformed into something that greatly benefited civilization.
  • By culturing and “domesticating” Enkidu, humanity tamed the uncontrollable wild and chaotic evil
  • Enkidu devastated the doings (the external, outside-the-walls) of the city. But he was later harnessed and fights at the side of civilization against nature, naturalness, the natural state of things.
  • A similar motif appears a thousand years after the reversal, which is well known even to noneconomists as the central idea of economics: the invisible hand of the market.
  • A similar story (reforming something animally wild and uncultivated in civilizational achievement) is used by Thomas Aquinas in his teachings. Several centuries later, this idea is fully emancipated in the hands of Bernard Mandeville and his Fable of the Bees: or, Private Vices, Publick Benefits. The economic and political aspects of this idea are—often incorrectly—ascribed to Adam Smith.
  • Here the individual does not try anymore to maximize his goods or profits, but what is important is writing his name in human memory in the form of heroic acts or deeds.
  • immortality, one connected with letters and the cult of the word: A name and especially a written name survives the body.”77
  • After this disappointment, he comes to the edge of the sea, where the innkeeper Siduri lives. As tonic for his sorrow, she offers him the garden of bliss, a sort of hedonistic fortress of carpe diem, where a person comes to terms with his mortality and at least in the course of the end of his life maximizes earthly pleasures, or earthly utility.
  • In the second stage, after finding his friend Enkidu, Gilgamesh abandons the wall and sets out beyond the city to maximalize heroism. “In his (…) search of immortal life, Gilgamesh
  • The hero refuses hedonism in the sense of maximizing terrestrial pleasure and throws himself into things that will exceed his life. In the blink of an eye, the epic turns on its head the entire utility maximization role that mainstream economics has tirelessly tried to sew on people as a part of their nature.81
  • It is simpler to observe the main features of our civilization at a time when the picture was more readable—at a time when our civilization was just being born and was still “half-naked.” In other words, we have tried to dig down to the bedrock of our written civilization;
  • today remember Gilgamesh for his story of heroic friendship with Enkidu, not for his wall, which no longer reaches monumental heights.
  • the eleventh and final tablet, Gilgamesh again loses what he sought. Like Sisyphus, he misses his goal just before the climax
  • is there something from it that is valid today? Have we found in Gilgamesh certain archetypes that are in us to this day?
  • The very existence of questions similar to today’s economic ones can be considered as the first observation. The first written considerations of the people of that time were not so different from those today. In other words: The epic is understandable for us, and we can identify with it.
  • We have also been witnesses to the very beginnings of man’s culturing—a great drama based on a liberation and then a distancing from the natural state.
  • Let us take this as a memento in the direction of our restlessness, our inherited dissatisfaction and the volatility connected to it. Considering that they have lasted five thousand years and to this day we find ourselves in harmony with a certain feeling of futility, perhaps these characteristics are inherent in man.
  • Gilgamesh had a wall built that divided the city from wild nature and created a space for the first human culture. Nevertheless, “not even far-reaching works of civilization could satisfy human desire.”
  • Friendship shows us new, unsuspected adventures, gives us the opportunity to leave the wall and to become neither its builder nor its part—to not be another brick in the wall.
  • with the phenomenon of the creation of the city, we have seen how specialization and the accumulation of wealth was born, how holy nature was transformed into a secular supplier of resources, and also how humans’ individualistic ego was emancipated.
  • to change the system, to break down that which is standing and go on an expedition against the gods (to awaken, from naïveté to awakening) requires friendship.
  • For small acts (hunting together, work in a factory), small love is enough: Camaraderie. For great acts, however, great love is necessary, real love: Friendship. Friendship that eludes the economic understanding of quid pro quo. Friendship gives. One friend gives (fully) for the other. That is friendship for life and death,
  • The thought that humanity comes at the expense of efficiency is just as old as humanity itself—as we have shown, subjects without emotion are the ideal of many tyrants.
  • The epic later crashes this idea through the friendship of Gilgamesh and Enkidu. Friendship—the biologically least essential love, which at first sight appears to be unnecessary
  • less a civilized, city person is dependent on nature, the more he or she is dependent on the rest of society. Like Enkidu, we have exchanged nature for society; harmony with (incalculable) nature for harmony with (incalculable) man.
  • human nature good or evil? To this day these questions are key for economic policy: If we believe that man is evil in his nature, therefore that a person himself is dog eat dog (animal), then the hard hand of a ruler is called for. If we believe that people in and of themselves, in their nature, gravitate toward good, then it is possible to loosen up the reins and live in a society that is more laissez-faire.
  • For a concept of historical progress, for the undeification of heroes, rulers, and nature, mankind had to wait for the Hebrews.
  • Because nature is not undeified, it is beyond consideration to explore it, let alone intervene in it (unless a person was a two-thirds god like Gilgamesh). It
  • They practiced money lending, traded in many assets (…) and especially were engaged in the trading of shares on capital markets, worked in currency exchange and frequently figured as mediators in financial transactions (…), they functioned as bankers and participated in emissions of all possible forms.
  • As regards modern capitalism (as opposed to the ancient and medieval periods) … there are activities in it which are, in certain forms, inherently (and completely necessarily) present—both from an economic and legal standpoint.7
  • As early as the “dark” ages, the Jews commonly used economic tools that were in many ways ahead of their time and that later became key elements of the modern economy:
  • Gilgamesh’s story ends where it began. There is a consistency in this with Greek myths and fables: At the end of the story, no progress occurs, no essential historic change; the story is set in indefinite time, something of a temporal limbo.
  • Jews believe in historical progress, and that progress is in this world.
  • For a nation originally based on nomadism, where did this Jewish business ethos come from? And can the Hebrews truly be considered as the architects of the values that set the direction of our civilization’s economic thought?
  • Hebrew religiosity is therefore strongly connected with this world, not with any abstract world, and those who take pleasure in worldly possessions are not a priori doing anything wrong.
  • PROGRESS: A SECULARIZED RELIGION One of the things the writers of the Old Testament gave to mankind is the idea and notion of progress. The Old Testament stories have their development; they change the history of the Jewish nation and tie in to each other. The Jewish understanding of time is linear—it has a beginning and an end.
  • The observance of God’s Commandments in Judaism leads not to some ethereal other world, but to an abundance of material goods (Genesis 49:25–26, Leviticus 26:3–13, Deuteronomy 28:1–13) (…) There are no accusing fingers pointed at
  • There are no echoes of asceticism nor for the cleansing and spiritual effect of poverty. It is fitting therefore, that the founders of Judaism, the Patriarchs Abraham, Isaac and Jacob, were all wealthy men.12
  • about due to a linear understanding of history. If history has a beginning as well as an end, and they are not the same point, then exploration suddenly makes sense in areas where the fruits are borne only in the next generation.
  • What’s more, economic progress has almost become an assumption of modern functional societies. We expect growth. We take it automatically. Today, if nothing “new” happens, if GDP does not grow (we say it stagnates) for several quarters, we consider it an anomaly.
  • however, the idea of progress itself underwent major changes, and today we perceive it very differently. As opposed to the original spiritual conceptions, today we perceive progress almost exclusively in an economic or scientific-technological sense.
  • Because care for the soul has today been replaced by care for external things,
  • This is why we must constantly grow, because we (deep down and often implicitly) believe that we are headed toward an (economic) paradise on Earth.
  • Only since the period of scientific-technological revolution (and at a time when economics was born as an independent field) is material progress automatically assumed.
  • Jewish thought is the most grounded, most realistic school of thought of all those that have influenced our culture.17 An abstract world of ideas was unknown to the Jews. To this day it is still forbidden to even depict God, people, and animals in symbols, paintings, statues, and drawings.
  • economists have become key figures of great importance in our time (Kacířské eseje o filosofii dějin [Heretical Essays in the Philosophy of History]). They are expected to perform interpretations of reality, give prophetic services (macroeconomic forecasts), reshape reality (mitigate the impacts of the crisis, speed up growth), and, in the long run, provide leadership on the way to the Promised Land—paradise on Earth.
  • REALISM AND ANTIASCETICISM Aside from ideas of progress, the Hebrews brought another very fundamental contribution to our culture: The desacralization of heroes, nature, and rulers.
  • Voltaire writes: “It certain fact is, that in his public laws he [Moses] never so much as once made mention of a life to come, limiting all punishments and all rewards to the present life.”21
  • As opposed to Christianity, the concept of an extraterrestrial paradise or heaven was not developed much in Hebrew thought.19 The paradise of the Israelites—Eden—was originally placed on Earth at a given place in Mesopotamia20 and at a given time,
  • The Hebrews consider the world to be real—not just a shadow reflection of a better world somewhere in the cloud of ideas, something the usual interpretation of history ascribes to Plato. The soul does not struggle against the body and is not its prisoner, as Augustine would write later.
  • The land, the world, the body, and material reality are for Jews the paramount setting for divine history, the pinnacle of creation. This idea is the conditio sine qua non of the development of economics, something of an utterly earthly making,
  • The mythology of the hero-king was strongly developed in that period, which Claire Lalouette summarizes into these basic characteristics: Beauty (a perfect face, on which it is “pleasant to look upon,” but also “beauty,” expressed in the Egyptian word nefer, not only means aesthetics, but contains moral qualities as well),
  • THE HERO AND HIS UNDEIFICATION: THE DREAM NEVER SLEEPS The concept of the hero is more important than it might appear. It may be the remote origin of Keynes’s animal spirits, or the desire to follow a kind of internal archetype that a given individual accepts as his own and that society values.
  • This internal animator of ours, our internal mover, this dream, never sleeps and it influences our behavior—including economic behavior—more than we want to realize.
  • manliness and strength,28 knowledge and intelligence,29 wisdom and understanding, vigilance and performance, fame and renown (fame which overcomes enemies because “a thousand men would not be able to stand firmly in his presence”);30 the hero is a good shepherd (who takes care of his subordinates), is a copper-clad rampart, the shield of the land, and the defender of heroes.
  • Each of us probably has a sort of “hero within”—a kind of internal role-model, template, an example that we (knowingly or not) follow. It is very important what kind of archetype it is, because its role is dominantly irrational and changes depending on time and the given civilization.
  • The oldest was the so-called Trickster—a fraudster; then the culture bearer—Rabbit; the musclebound hero called Redhorn; and finally the most developed form of hero: the Twins.
  • the Egyptian ruler, just as the Sumerian, was partly a god, or the son of a god.31
  • Jacob defrauds his father Isaac and steals his brother Esau’s blessing of the firstborn. Moses murders an Egyptian. King David seduces the wife of his military commander and then has him killed. In his old age, King Solomon turns to pagan idols, and so on.
  • Anthropology knows several archetypes of heroes. The Polish-born American anthropologist Paul Radin examined the myths of North American Indians and, for example, in his most influential book, The Trickster, he describes their four basic archetypes of heroes.
  • The Torah’s heroes (if that term can be used at all) frequently make mistakes and their mistakes are carefully recorded in the Bible—maybe precisely so that none of them could be deified.32
  • We do not have to go far for examples. Noah gets so drunk he becomes a disgrace; Lot lets his own daughters seduce him in a similar state of drunkenness. Abraham lies and (repeatedly) tries to sell his wife as a concubine.
  • the Hebrew heroes correspond most to the Tricksters, the Culture Bearers, and the Twins. The divine muscleman, that dominant symbol we think of when we say hero, is absent here.
  • To a certain extent it can be said that the Hebrews—and later Christianity—added another archetype, the archetype of the heroic Sufferer.35 Job
  • Undeification, however, does not mean a call to pillage or desecration; man was put here to take care of nature (see the story of the Garden of Eden or the symbolism of the naming of the animals). This protection and care of nature is also related to the idea of progress
  • For the heroes who moved our civilization to where it is today, the heroic archetypes of the cunning trickster, culture bearer, and sufferer are rather more appropriate.
  • the Old Testament strongly emphasizes the undeification of nature.37 Nature is God’s creation, which speaks of divinity but is not the domain of moody gods
  • This is very important for democratic capitalism, because the Jewish heroic archetype lays the groundwork much better for the development of the later phenomenon of the hero, which better suits life as we know it today. “The heroes laid down their arms and set about trading to become wealthy.”
  • in an Old Testament context, the pharaoh was a mere man (whom one could disagree with, and who could be resisted!).
  • RULERS ARE MERE MEN In a similar historical context, the Old Testament teachings carried out a similar desacralization of rulers, the so-called bearers of economic policy.
  • Ultimately the entire idea of a political ruler stood against the Lord’s will, which is explicitly presented in the Torah. The Lord unequivocally preferred the judge as the highest form of rule—an
  • The needs of future generations will have to be considered; after all humankind are the guardians of God’s world. Waste of natural resources, whether privately owned or nationally owned is forbidden.”39
  • Politics lost its character of divine infallibility, and political issues were subject to questioning. Economic policy could become a subject of examination.
  • 44 God first creates with the word and then on individual days He divides light from darkness, water from dry land, day from night, and so forth—and He gives order to things.45 The world is created orderly— it is wisely, reasonably put together. The way of the world is put together at least partially46 decipherably by any other wise and reasonable being who honors rational rules.
  • which for the methodology of science and economics is very important because disorder and chaos are difficult to examine scientifically.43 Faith in some kind of rational and logical order in a system (society, the economy) is a silent assumption of any (economic) examination.
  • THE PRAISE OF ORDER AND WISDOM: MAN AS A PERFECTER OF CREATION The created world has an order of sorts, an order recognizable by us as people,
  • From the very beginning, when God distances Himself from the entire idea, there is an anticipation that there is nothing holy, let alone divine, in politics. Rulers make mistakes, and it is possible to subject them to tough criticism—which frequently occurs indiscriminately through the prophets in the Old Testament.
  • Hebrew culture laid the foundations for the scientific examination of the world.
  • Examining the world is therefore an absolutely legitimate activity, and one that is even requested by God—it is a kind of participation in the Creator’s work.51 Man is called on to understand himself and his surroundings and to use his knowledge for good.
  • I was there when he set heavens in place, when he marked out the horizon on the face of the deep (…) Then I was the craftsman at his side.47
  • There are more urgings to gain wisdom in the Old Testament. “Wisdom calls aloud in the street (…): ‘How long will you simple ones love your simple ways?’”49 Or several chapters later: “Wisdom is supreme; therefore get wisdom. Though it cost all you have, get understanding.”50
  • examination is not forbidden. The fact that order can be grasped by human reason is another unspoken assumption that serves as a cornerstone of any scientific examination.
  • then, my sons, listen to me; blessed are those who keep my ways (…) Blessed is the man who listens to me, watching daily at my doors, waiting at my doorway. For whoever finds me finds life and receives favor from the Lord.
  • the rational examination of nature has its roots, surprisingly, in religion.
  • The Lord brought me forth as the first of his works, before his deeds of old. I was appointed from eternity, from the beginning, before the world began. When there were no oceans, I was given birth, when there were no springs abounding with water, before the mountains were settled in place,
  • The Book of Proverbs emphasizes specifically several times that it was wisdom that was present at the creation of the world. Wisdom personified calls out:
  • The last act, final stroke of the brush of creation, naming of the animals—this act is given to a human, it is not done by God, as one would expect. Man was given the task of completing the act of creation that the Lord began:
  • MAN AS A FINISHER OF CREATION The creation of the world, as it is explained in Jewish teachings, is described in the Book of Genesis. Here God (i) creates, (ii) separates, and (iii) names [my emphasis]:
  • Naming is a symbolic expression. In Jewish culture (and also in our culture to this day), the right to name meant sovereign rights and belonged, for example, to explorers (new places), inventors (new principles), or parents (children)—that is, to those who were there at the genesis, at the origin. This right was handed over by God to mankind.
  • The Naming itself (the capital N is appropriate) traditionally belongs to the crowning act of the Creator and represents a kind of grand finale of creation, the last move of the brush to complete the picture—a signature of the master.
  • Without naming, reality does not exist; it is created together with language. Wittgenstein tightly names this in his tractatus—the limits of our language are the limits of our world.53
  • He invented (fictitiously and completely abstractly!) a framework that was generally accepted and soon “made into” reality. Marx invented similarly; he created the notion of class exploitation. Through his idea, the perception of history and reality was changed for a large part of the world for nearly an entire century.
  • Reality is not a given; it is not passive. Perceiving reality and “facts” requires man’s active participation. It is man who must take the last step, an act (and we
  • How does this relate to economics? Reality itself, our “objective” world, is cocreated, man himself participates in the creation; creation, which is somewhat constantly being re-created.
  • Our scientific models put the finishing touches on reality, because (1) they interpret, (2) they give phenomena a name, (3) they enable us to classify the world and phenomena according to logical forms, and (4) through these models we de facto perceive reality.
  • When man finds a new linguistic framework or analytical model, or stops using the old one, he molds or remolds reality. Models are only in our heads; they are not “in objective reality.” In this sense, Newton invented (not merely discovered!) gravity.
  • A real-ization act on our part represents the creation of a construct, the imputation of sense and order (which is beautifully expressed by the biblical act of naming, or categorization, sorting, ordering).
  • Keynes enters into the history of economic thought from the same intellectual cadence; his greatest contribution to economics was precisely the resurrection of the imperceptible—for example in the form of animal spirits or uncertainty. The economist Piero Mini even ascribes Keynes’s doubting and rebellious approach to his almost Talmudic education.63
  • God connects man with the task of guarding and protecting the Garden of Eden, and thus man actually cocreates the cultural landscape. The Czech philosopher Zdeněk Neubauer also describes this: “Such is reality, and it is so deep that it willingly crystallizes into worlds. Therefore I profess that reality is a creation and not a place of occurrence for objectively given phenomena.”61
  • in this viewpoint it is possible to see how Jewish thought is mystical—it admits the role of the incomprehensible. Therefore, through its groundedness, Jewish thought indulges mystery and defends itself against a mechanistic-causal explanation of the world: “The Jewish way of thinking, according to Veblen, emphasizes the spiritual, the miraculous, the intangible.
  • The Jews believed the exact opposite. The world is created by a good God, and evil appears in it as a result of immoral human acts. Evil, therefore, is induced by man.66 History unwinds according to the morality of human acts.
  • What’s more, history seems to be based on morals; morals seem to be the key determining factors of history. For the Hebrews, history proceeds according to how morally its actors behave.
  • The Sumerians believed in dualism—good and evil deities exist, and the earth of people becomes their passive battlefield.
  • GOOD AND EVIL IN US: A MORAL EXPLANATION OF WELL-BEING We have seen that in the Epic of Gilgamesh, good and evil are not yet addressed systematically on a moral level.
  • This was not about moral-human evil, but rather a kind of natural evil. It is as if good and evil were not touched by morality at all. Evil simply occurred. Period.
  • the epic, good and evil are not envisaged morally—they are not the result of an (a)moral act. Evil was not associated with free moral action or individual will.
  • Hebrew thought, on the other hand, deals intensively with moral good and evil. A moral dimension touches the core of its stories.65
  • discrepancy between savings and investment, and others are convinced of the monetary essence
  • The entire history of the Jewish nation is interpreted and perceived in terms of morality. Morality has become, so to speak, a mover and shaker of Hebrew history.
  • sunspots. The Hebrews came up with the idea that morals were behind good and bad years, behind the economic cycle. But we would be getting ahead of ourselves. Pharaoh’s Dream: Joseph and the First Business Cycle To
  • It is the Pharaoh’s well-known dream of seven fat and seven lean cows, which he told to Joseph, the son of Jacob. Joseph interpreted the dream as a macroeconomic prediction of sorts: Seven years of abundance were to be followed by seven years of poverty, famine, and misery.
  • Self-Contradicting Prophecy Here, let’s make several observations on this: Through taxation74 on the level of one-fifth of a crop75 in good years to save the crop and then open granaries in bad years, the prophecy was de facto prevented (prosperous years were limited and hunger averted—through a predecessor of fiscal stabilization).
  • The Old Testament prophesies therefore were not any deterministic look into the future, but warnings and strategic variations of the possible, which demanded some kind of reaction. If the reaction was adequate, what was prophesied would frequently not occur at all.
  • This principle stands directly against the self-fulfilling prophecy,80 the well-known concept of social science. Certain prophecies become self-fulfilling when expressed (and believed) while others become self-contradicting prophecies when pronounced (and believed).
  • If the threat is anticipated, it is possible to totally or at least partially avoid it. Neither Joseph nor the pharaoh had the power to avoid bounty or crop failure (in this the dream interpretation was true and the appearance of the future mystical), but they avoided the impacts and implications of the prophecy (in this the interpretation of the dream was “false”)—famine did not ultimately occur in Egypt, and this was due to the application of reasonable and very intuitive economic policy.
  • Let us further note that the first “macroeconomic forecast” appears in a dream.
  • back to Torah: Later in this story we will notice that there is no reason offered as to why the cycle occurs (that will come later). Fat years will simply come, and then lean years after them.
  • Moral Explanation of a Business Cycle That is fundamentally different from later Hebrew interpretations, when the Jewish nation tries to offer reasons why the nation fared well or poorly. And those reasons are moral.
  • If you pay attention to these laws and are careful to follow them, then the Lord your God will keep his covenant of love with you, as he swore to your forefathers. He will love you and bless you and increase your numbers.
  • Only in recent times have some currents of economics again become aware of the importance of morals and trust in the form of measuring the quality of institutions, the level of justice, business ethics, corruption, and so forth, and examining their influence on the economy,
  • From today’s perspective, we can state that the moral dimension entirely disappeared from economic thought for a long time, especially due to the implementation of Mandeville’s concept of private vices that contrarily support the public welfare
  • Without being timid, we can say this is the first documented attempt to explain the economic cycle. The economic cycle, the explanation of which is to this day a mystery to economists, is explained morally in the Old Testament.
  • But how do we consolidate these two conflicting interpretations of the economic cycle: Can ethics be responsible for it or not? Can we influence reality around us through our acts?
  • it is not within the scope of this book to answer that question; justice has been done to the question if it manages to sketch out the main contours of possible searches for answers.
  • THE ECONOMICS OF GOOD AND EVIL: DOES GOOD PAY OFF? This is probably the most difficult moral problem we could ask.
  • Kant, the most important modern thinker in the area of ethics, answers on the contrary that if we carry out a “moral” act on the basis of economic calculus (therefore we carry out an hedonistic consideration; see below) in the expectation of later recompense, its morality is lost. Recompense, according to the strict Kant, annuls ethics.
  • Inquiring about the economics of good and evil, however, is not that easy. Where would Kant’s “moral dimension of ethics” go if ethics paid? If we do good for profit, the question of ethics becomes a mere question of rationality.
  • Job’s friends try to show that he must have sinned in some way and, in doing so, deserved God’s punishment. They are absolutely unable to imagine a situation in which Job, as a righteous man, would suffer without (moral) cause. Nevertheless, Job insists that he deserves no punishment because he has committed no offense: “God has wronged me and drawn his net around me.”94
  • But Job remains righteous, even though it does not pay to do so: Though he slay me, yet will I hope in him.95 And till I die, I will not deny my integrity I will maintain my righteousness and never let go of it; my conscience will not reproach me as long as I live.96
  • He remains righteous, even if his only reward is death. What economic advantage could he have from that?
  • morals cannot be considered in the economic dimension of productivity and calculus. The role of the Hebrews was to do good, whether it paid off or not. If good (outgoing) is rewarded by incoming goodness, it is a bonus,99 not a reason to do outgoing good. Good and reward do not correlate to each other.
  • This reasoning takes on a dimension of its own in the Old Testament. Good (incoming) has already happened to us. We must do good (outgoing) out of gratitude for the good (incoming) shown to us in the past.
  • So why do good? After all, suffering is the fate of many biblical figures. The answer can only be: For good itself. Good has the power to be its own reward. In this sense, goodness gets its reward, which may or may not take on a material dimension.
  • the Hebrews offered an interesting compromise between the teachings of the Stoics and Epicureans. We will go into it in detail later, so only briefly
  • constraint. It calls for bounded optimalization (with limits). A kind of symbiosis existed between the legitimate search for one’s own utility (or enjoyment of life) and maintaining rules, which are not negotiable and which are not subject to optimalization.
  • In other words, clear (exogenously given) rules exist that must be observed and cannot be contravened. But within these borders it is absolutely possible, and even recommended, to increase utility.
  • the mining of enjoyment must not come at the expense of exogenously given rules. “Judaism comes therefore to train or educate the unbounded desire … for wealth, so that market activities and patterns of consumption operate within a God-given morality.”102
  • The Epicureans acted with the goal of maximizing utility without regard for rules (rules developed endogenously, from within the system, computed from that which increased utility—this was one of the main trumps of the Epicurean school; they did not need exogenously given norms, and argued that they could “calculate” ethics (what to do) for every given situation from the situation itself).
  • The Stoics could not seek their enjoyment—or, by another name, utility. They could not in any way look back on it, and in no way could they count on it. They could only live according to rules (the greatest weakness of this school was to defend where exogenously the given rules came from and whether they are universal) and take a indifferent stand to the results of their actions.
  • To Love the Law The Jews not only had to observe the law (perhaps the word covenant would be more appropriate), but they were to love it because it was good.
  • Their relationship to the law was not supposed to be one of duty,105 but one of gratitude, love. Hebrews were to do good (outgoing), because goodness (incoming) has already been done to them.
  • This is in stark contrast with today’s legal system, where, naturally, no mention of love or gratefulness exists. But God expects a full internalization of the commandments and their fulfillment with love, not as much duty. By no means was this on the basis of the cost-benefit analyses so widespread in economics today, which determines when it pays to break the law and when not to (calculated on the basis of probability of being caught and the amount of punishment vis-à-vis the possible gain).
  • And now, O Israel, what does the Lord your God ask of you but to fear the Lord your God, to walk in all his ways, to love him, to serve the Lord your God with all your heart and with all your soul, and to observe the Lord’s commands and decrees that I am giving you today for your own good? To the Lord your God belong the heavens, even the highest heavens, the earth and everything in it. Yet the Lord set his affection on your forefathers and loved them….
  • the principle of doing good (outgoing) on the basis of a priori demonstrated good (incoming) was also taken over by the New Testament. Atonement itself is based on an a priori principle; all our acts are preceded by good.
  • The Hebrews, originally a nomadic tribe, preferred to be unrestrained and grew up in constant freedom of motion.
  • Human laws, if they are in conflict with the responsibilities given by God, are subordinate to personal responsibility, and a Jew cannot simply join the majority, even if it is legally allowed. Ethics, the concept of good, is therefore always superior to all local laws, rules, and customs:
  • THE SHACKLES OF THE CITY Owing to the Hebrew’s liberation from Egyptian slavery, freedom and responsibility become the key values of Jewish thought.
  • Laws given by God are binding for Jews, and God is the absolute source of all values,
  • The Hebrew ideal is represented by the paradise of the Garden of Eden, not a city.116 The despised city civilization or the tendency to see in it a sinful and shackling way of life appears in glimpses and allusions in many places in the Old Testament.
  • The nomadic Jewish ethos is frequently derived from Abraham, who left the Chaldean city of Ur on the basis of a command:
  • In addition, they were aware of a thin two-way line between owner and owned. We own material assets, but—to a certain extent—they own us and tie us down. Once we become used to a certain material
  • This way of life had understandably immense economic impacts. First, such a society lived in much more connected relationships, where there was no doubt that everyone mutually depended on each other. Second, their frequent wanderings meant the inability to own more than they could carry; the gathering up of material assets did not have great weight—precisely because the physical weight (mass) of things was tied to one place.
  • One of Moses’s greatest deeds was that he managed to explain to his nation once and for all that it is better to remain hungry and liberated than to be a slave with food “at no cost.”
  • SOCIAL WELFARE: NOT TO ACT IN THE MANNER OF SODOM
  • regulations is developed in the Old Testament, one we hardly find in any other nation of the time. In Hebrew teachings, aside from individual utility, indications of the concept of maximalizing utility societywide appear for the first time as embodied in the Talmudic principle of Kofin al midat S´dom, which can be translated as “one is compelled not to act in the manner of Sodom” and to take care of the weaker members of society.
  • In a jubilee year, debts were to be forgiven,125 and Israelites who fell into slavery due to their indebtedness were to be set free.126
  • Such provisions can be seen as the antimonopoly and social measures of the time. The economic system even then had a clear tendency to converge toward asset concentration, and therefore power as well. It would appear that these provisions were supposed to prevent this process
  • Land at the time could be “sold,” and it was not sale, but rent. The price (rent) of real estate depended on how long there was until a forgiveness year. It was about the awareness that we may work the land, but in the last instance we are merely “aliens and strangers,” who have the land only rented to us for a fixed time. All land and riches came from the Lord.
  • These provisions express a conviction that freedom and inheritance should not be permanently taken away from any Israelite. Last but not least, this system reminds us that no ownership lasts forever and that the fields we plow are not ours but the Lord’s.
  • Glean Another social provision was the right to glean, which in Old Testament times ensured at least basic sustenance for the poorest. Anyone who owned a field had the responsibility not to harvest it to the last grain but to leave the remains in the field for the poor.
  • Tithes and Early Social Net Every Israelite also had the responsibility of levying a tithe from their entire crop. They had to be aware from whom all ownership comes and, by doing so, express their thanks.
  • “Since the community has an obligation to provide food, shelter, and basic economic goods for the needy, it has a moral right and duty to tax its members for this purpose. In line with this duty, it may have to regulate markets, prices and competition, to protect the interests of its weakest members.”135
  • In Judaism, charity is not perceived as a sign of goodness; it is more of a responsibility. Such a society then has the right to regulate its economy in such a way that the responsibility of charity is carried out to its satisfaction.
  • With a number of responsibilities, however, comes the difficulty of getting them into practice. Their fulfillment, then, in cases when it can be done, takes place gradually “in layers.” Charitable activities are classified in the Talmud according to several target groups with various priorities, classified according to, it could be said, rules of subsidiarity.
  • Do not mistreat an alien or oppress him, for you were aliens in Egypt.140 As one can see, aside from widows and orphans, the Old Testament also includes immigrants in its area of social protection.141 The Israelites had to have the same rules apply for them as for themselves—they could not discriminate on the basis of their origin.
  • ABSTRACT MONEY, FORBIDDEN INTEREST, AND OUR DEBT AGE If it appears to us that today’s era is based on money and debt, and our time will be written into history as the “Debt age,” then it will certainly be interesting to follow how this development occurred.
  • Money is a social abstractum. It is a social agreement, an unwritten contract.
  • The first money came in the form of clay tablets from Mesopotamia, on which debts were written. These debts were transferable, so the debts became currency. In the end, “It is no coincidence that in English the root of ‘credit’ is ‘credo,’ the Latin for ‘I believe.’”
  • To a certain extent it could be said that credit, or trust, was the first currency. It can materialize, it can be embodied in coins, but what is certain is that “money is not metal,” even the rarest metal, “it is trust inscribed,”
  • Inseparably, with the original credit (money) goes interest. For the Hebrews, the problem of interest was a social issue: “If you lend money to one of my people among you who is needy, do not be like a moneylender; charge him no interest.”
  • there were also clearly set rules setting how far one could go in setting guarantees and the nonpayment of debts. No one should become indebted to the extent that they could lose the source of their livelihood:
  • In the end, the term “bank” comes from the Italian banci, or the benches that Jewish lenders sat on.157
  • Money is playing not only its classical roles (as a means of exchange, a holder of value, etc.) but also a much greater, stronger role: It can stimulate, drive (or slow down) the whole economy. Money plays a national economic role.
  • In the course of history, however, the role of loans changed, and the rich borrowed especially for investment purposes,
  • Today the position and significance of money and debt has gone so far and reached such a dominant position in society that operating with debts (fiscal policy) or interest or money supply (monetary policy) means that these can, to a certain extent, direct (or at least strongly influence) the whole economy and society.
  • In such a case a ban on interest did not have great ethical significance. Thomas Aquinas, a medieval scholar (1225-1274), also considers similarly; in his time, the strict ban on lending with usurious interest was loosened, possibly due to him.
  • As a form of energy, money can travel in three dimensions, vertically (those who have capital lend to those who do not) and horizontally (speed and freedom in horizontal or geographic motion has become the by-product—or driving force?—of globalization). But money (as opposed to people) can also travel through time.
  • money is something like energy that can travel through time. And it is a very useful energy, but at the same time very dangerous as well. Wherever
  • Aristotle condemned interest162 not only from a moral standpoint, but also for metaphysical reasons. Thomas Aquinas shared the same fear of interest and he too argued that time does not belong to us, and that is why we must not require interest.
  • MONEY AS ENERGY: TIME TRAVEL AND GROSS DEBT PRODUCT (GDP)
  • Due to this characteristic, we can energy-strip the future to the benefit of the present. Debt can transfer energy from the future to the present.163 On the other hand, saving can accumulate energy from the past and send it to the present.
  • labor was not considered degrading in the Old Testament. On the contrary, the subjugation of nature is even a mission from God that originally belonged to man’s very first blessings.
  • LABOR AND REST: THE SABBATH ECONOMY
  • The Jews as well as Aristotle behaved very guardedly toward loans. The issue of interest/usury became one of the first economic debates. Without having an inkling of the future role of economic policy (fiscal and monetary), the ancient Hebrews may have unwittingly felt that they were discovering in interest a very powerful weapon, one that can be a good servant, but (literally) an enslaving master as well.
  • It’s something like a dam. When we build one, we are preventing periods of drought and flooding in the valley; we are limiting nature’s whims and, to a large extent, avoiding its incalculable cycles. Using dams, we can regulate the flow of water to nearly a constant. With it we tame the river (and we can also gain
  • But if we do not regulate the water wisely, it may happen that we would overfill the dam and it would break. For the cities lying in the valley, their end would be worse than if a dam were never there.
  • If man lived in harmony with nature before, now, after the fall, he must fight; nature stands against him and he against it and the animals. From the Garden we have moved unto a (battle)field.
  • Only after man’s fall does labor turn into a curse.168 It could even be said that this is actually the only curse, the curse of the unpleasantness of labor, that the Lord places on Adam.
  • Both Plato and Aristotle consider labor to be necessary for survival, but that only the lower classes should devote themselves to it so that the elites would not have to be bothered with it and so that they could devote themselves to “purely spiritual matters—art, philosophy, and politics.”
  • Work is also not only a source of pleasure but a social standing; It is considered an honor. “Do you see a man skilled in his work? He will serve before kings.”170 None of the surrounding cultures appreciate work as much. The idea of the dignity of labor is unique in the Hebrew tradition.
  • Hebrew thinking is characterized by a strict separation of the sacred from the profane. In life, there are simply areas that are holy, and in which it is not allowed to economize, rationalize, or maximize efficiency.
  • good example is the commandment on the Sabbath. No one at all could work on this day, not even the ones who were subordinate to an observant Jew:
  • the message of the commandment on Saturday communicated that people were not primarily created for labor.
  • Paradoxically, it is precisely this commandment out of all ten that is probably the most violated today.
  • Aristotle even considers labor to be “a corrupted waste of time which only burdens people’s path to true honour.”
  • we have days when we must not toil connected (at least lexically) with the word meaning emptiness: the English term “vacation” (or emptying), as with the French term, les vacances, or German die Freizeit, meaning open time, free time, but also…
  • Translated into economic language: The meaning of utility is not to increase it permanently but to rest among existing gains. Why do we learn how to constantly increase gains but not how to…
  • This dimension has disappeared from today’s economics. Economic effort has no goal at which it would be possible to rest. Today we only know growth for growth’s sake, and if our company or country prospers, that does not…
  • Six-sevenths of time either be dissatisfied and reshape the world into your own image, man, but one-seventh you will rest and not change the creation. On the seventh day, enjoy creation and enjoy the work of your hands.
  • the purpose of creation was not just creating but that it had an end, a goal. The process was just a process, not a purpose. The whole of Being was created so…
  • Saturday was not established to increase efficiency. It was a real ontological break that followed the example of the Lord’s seventh day of creation. Just as the Lord did not rest due to tiredness or to regenerate strength; but because He was done. He was done with His work, so that He could enjoy it, to cherish in His creation.
  • If we believe in rest at all today, it is for different reasons. It is the rest of the exhausted machine, the rest of the weak, and the rest of those who can’t handle the tempo. It’s no wonder that the word “rest…
  • Related to this, we have studied the first mention of a business cycle with the pharaoh’s dream as well as seen a first attempt (that we may call…
  • We have tried to show that the quest for a heaven on Earth (similar to the Jewish one) has, in its desacralized form, actually also been the same quest for many of the…
  • We have also seen that the Hebrews tried to explain the business cycle with morality and ethics. For the Hebrews,…
  • ancient Greek economic ethos, we will examine two extreme approaches to laws and rules. While the Stoics considered laws to be absolutely valid, and utility had infinitesimal meaning in their philosophy, the Epicureans, at least in the usual historical explanation, placed utility and pleasure in first place—rules were to be made based on the principle of utility.
  • CONCLUSION: BETWEEN UTILITY AND PRINCIPLE The influence of Jewish thought on the development of market democracy cannot be overestimated. The key heritage for us was the lack of ascetic perception of the world, respect to law and private…
  • We have tried to show how the Torah desacralized three important areas in our lives: the earthly ruler, nature,…
  • What is the relationship between the good and evil that we do (outgoing) and the utility of disutility that we (expect to) get as a reward (incoming)? We have seen…
  • The Hebrews never despised material wealth; on contrary, the Jewish faith puts great responsibility on property management. Also the idea of progress and the linear perception of time gives our (economic)…
  • the Hebrews managed to find something of a happy compromise between both of these principles.
  • will not be able to completely understand the development of the modern notion of economics without understanding the disputes between the Epicureans and the Stoics;
  • poets actually went even further, and with their speech they shaped and established reality and truth. Honor, adventure, great deeds, and the acclaim connected with them played an important role in the establishment of the true, the real.
  • those who are famous will be remembered by people. They become more real, part of the story, and they start to be “realized,” “made real” in the lives of other people. That which is stored in memory is real; that which is forgotten is as if it never existed.
  • Today’s scientific truth is founded on the notion of exact and objective facts, but poetic truth stands on an interior (emotional) consonance with the story or poem. “It is not addressed first to the brain … [myth] talks directly to the feeling system.”
  • “epic and tragic poets were widely assumed to be the central ethical thinkers and teachers of Greece; nobody thought of their work as less serious, less aimed at truth, than the speculative prose treatises of historians and philosophers.”5 Truth and reality were hidden in speech, stories, and narration.
  • Ancient philosophy, just as science would later, tries to find constancy, constants, quantities, inalterabilities. Science seeks (creates?) order and neglects everything else as much as it can. In their own experiences, everyone knows that life is not like that,
  • Just as scientists do today, artists drew images of the world that were representative, and therefore symbolic, picturelike, and simplifying (but thus also misleading), just like scientific models, which often do not strive to be “realistic.”
  • general? In the end, poetry could be more sensitive to the truth than the philosophical method or, later, the scientific method. “Tragic poems, in virtue of their subject matter and their social function, are likely to confront and explore problems about human beings and luck that a philosophical text might be able to omit or avoid.”8
Javier E

Transcript: Ezra Klein Interviews Robinson Meyer - The New York Times - 0 views

  • Implementation matters, but it’s harder to cover because it’s happening in all parts of the country simultaneously. There isn’t a huge Republican-Democratic fight over it, so there isn’t the conflict that draws the attention to it
  • we sort of implicitly treat policy like it’s this binary one-zero condition. One, you pass a bill, and the thing is going to happen. Zero, you didn’t, and it won’t.
  • ROBINSON MEYER: You can almost divide the law up into different kind of sectors, right? You have the renewable build-out. You have EVs. You have carbon capture. You have all these other decarbonizing technologies the law is trying to encourage
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  • that’s particularly true on the I.R.A., which has to build all these things in the real world.
  • we’re trying to do industrial physical transformation at a speed and scale unheralded in American history. This is bigger than anything we have done at this speed ever.
  • The money is beginning to move out the door now, but we’re on a clock. Climate change is not like some other issues where if you don’t solve it this year, it is exactly the same to solve it next year. This is an issue where every year you don’t solve it, the amount of greenhouse gases in the atmosphere builds, warming builds, the effects compound
  • Solve, frankly, isn’t the right word there because all we can do is abate, a lot of the problems now baked in. So how is it going, and who can actually walk us through that?
  • Robinson Meyer is the founding executive editor of heatmap.news
  • why do all these numbers differ so much? How big is this thing?
  • in electric vehicles and in the effort, kind of this dual effort in the law, to both encourage Americans to buy and use electric vehicles and then also to build a domestic manufacturing base for electric vehicles.
  • on both counts, the data’s really good on electric vehicles. And that’s where we’re getting the fastest response from industry and the clearest response from industry to the law.
  • ROBINSON MEYER: Factories are getting planned. Steel’s going in the ground. The financing for those factories is locked down. It seems like they’re definitely going to happen. They’re permitted. Companies are excited about them. Large Fortune 500 automakers are confidently and with certainty planning for an electric vehicle future, and they’re building the factories to do that in the United States. They’re also building the factories to do that not just in blue states. And so to some degree, we can see the political certainty for electric vehicles going forward.
  • in other parts of the law, partially due to just vagaries of how the law is being implemented, tax credits where the fine print hasn’t worked out yet, it’s too early to say whether the law is working and how it’s going and whether it’s going to accomplish its goal
  • EZRA KLEIN: I always find this very funny in a way. The Congressional Budget Office scored it. They thought it would make about $380 billion in climate investments over a decade. So then you have all these other analyses coming out.
  • But there’s actually this huge range of outcomes in between where the thing passes, and maybe what you wanted to have happen happens. Maybe it doesn’t. Implementation is where all this rubber meets the road
  • the Rhodium Group, which is a consulting firm, they think it could be as high as $522 billion, which is a big difference. Then there’s this Goldman Sachs estimate, which the administration loves, where they say they’re projecting $1.2 trillion in incentives —
  • ROBINSON MEYER: All the numbers differ because most of the important incentives, most of the important tax credits and subsidies in the I.R.A., are uncapped. There’s no limit to how much the government might spend on them. All that matters is that some private citizen or firm or organization come to the government and is like, hey, we did this. You said you’d give us money for it. Give us the money.
  • because of that, different banks have their own energy system models, their own models of the economy. Different research groups have their own models.
  • we know it’s going to be wrong because the Congressional Budget Office is actually quite constrained in how it can predict how these tax credits are taken up. And it’s constrained by the technology that’s out there in the country right now.
  • The C.B.O. can only look at the number of electrolyzers, kind of the existing hydrogen infrastructure in the country, and be like, well, they’re probably all going to use these tax credits. And so I think they said that there would be about $5 billion of take up for the hydrogen tax credits.
  • But sometimes money gets allocated, and then costs overrun, and there delays, and you can’t get the permits, and so on, and the thing never gets built
  • the fact that the estimates are going up is to them early evidence that this is going well. There is a lot of applications. People want the tax credits. They want to build these new factories, et cetera.
  • a huge fallacy that we make in policy all the time is assuming that once money is allocated for something, you get the thing you’re allocating the money for. Noah Smith, the economics writer, likes to call this checkism, that money equals stuff.
  • EZRA KLEIN: They do not want that, and not wanting that and putting every application through a level of scrutiny high enough to try and make sure you don’t have another one
  • I don’t think people think a lot about who is cutting these checks, but a lot of it is happening in this very obscure office of the Department of Energy, the Loan Program Office, which has gone from having $40 billion in lending authority, which is already a big boost over it not existing a couple decades ago, to $400 billion in loan authority,
  • the Loan Program Office as one of the best places we have data on how this is going right now and one of the offices that’s responded fastest to the I.R.A.
  • the Loan Program Office is basically the Department of Energy’s in-house bank, and it’s kind of the closest thing we have in the US to what exists in other countries, like Germany, which is a State development bank that funds projects that are eventually going to be profitable.
  • It has existed for some time. I mean, at first, it kind of was first to play after the Recovery Act of 2009. And in fact, early in its life, it gave a very important loan to Tesla. It gave this almost bridge loan to Tesla that helped Tesla build up manufacturing capacity, and it got Tesla to where it is today.
  • EZRA KLEIN: It’s because one of the questions I have about that office and that you see in some of the coverage of them is they’re very afraid of having another Solyndra.
  • Now, depending on other numbers, including the D.O.E., it’s potentially as high as $100 billion, but that’s because the whole thing about the I.R.A. is it’s meant to encourage the build-out of this hydrogen infrastructure.
  • EZRA KLEIN: I’m never that excited when I see a government loans program turning a profit because I think that tends to mean they’re not making risky enough loans. The point of the government should be to bear quite a bit of risk —
  • And to some degree, Ford now has to compete, and US automakers are trying to catch up with Chinese EV automakers. And its firms have EV battery technology especially, but just have kind of comprehensive understanding of the EV supply chain that no other countries’ companies have
  • ROBINSON MEYER: You’re absolutely right that this is the key question. They gave this $9.2 billion loan to Ford to build these EV battery plants in Kentucky and Tennessee. It’s the largest loan in the office’s history. It actually means that the investment in these factories is going to be entirely covered by the government, which is great for Ford and great for our build-out of EVs
  • And to some degree, I should say, one of the roles of L.P.O. and one of the roles of any kind of State development bank, right, is to loan to these big factory projects that, yes, may eventually be profitable, may, in fact, assuredly be profitable, but just aren’t there yet or need financing that the private market can’t provide. That being said, they have moved very slowly, I think.
  • And they feel like they’re moving quickly. They just got out new guidelines that are supposed to streamline a lot of this. Their core programs, they just redefined and streamlined in the name of speeding them up
  • However, so far, L.P.O. has been quite slow in getting out new loans
  • I want to say that the pressure they’re under is very real. Solyndra was a disaster for the Department of Energy. Whether that was fair or not fair, there’s a real fear that if you make a couple bad loans that go bad in a big way, you will destroy the political support for this program, and the money will be clawed back, a future Republican administration will wreck the office, whatever it might be. So this is not an easy call.
  • when you tell me they just made the biggest loan in their history to Ford, I’m not saying you shouldn’t lend any money to Ford, but when I think of what is the kind of company that cannot raise money on the capital markets, the one that comes to mind is not Ford
  • They have made loans to a number of more risky companies than Ford, but in addition to speed, do you think they are taking bets on the kinds of companies that need bets? It’s a little bit hard for me to believe that it would have been impossible for Ford to figure out how to finance factorie
  • ROBINSON MEYER: Now, I guess what I would say about that is that Ford is — let’s go back to why Solyndra failed, right? Solyndra failed because Chinese solar deluged the market. Now, why did Chinese solar deluge the market? Because there’s such support of Chinese financing from the state for massive solar factories and massive scale.
  • EZRA KLEIN: — the private market can’t. So that’s the meta question I’m asking here. In your view, because you’re tracking this much closer than I am, are they too much under the shadow of Solyndra? Are they being too cautious? Are they getting money out fast enough?
  • ROBINSON MEYER: I think that’s right; that basically, if we think the US should stay competitive and stay as close as it can and not even stay competitive, but catch up with Chinese companies, it is going to require large-scale state support of manufacturing.
  • EZRA KLEIN: OK, that’s fair. I will say, in general, there’s a constant thing you find reporting on government that people in government feel like they are moving very quickly
  • EZRA KLEIN: — given the procedural work they have to go through. And they often are moving very quickly compared to what has been done in that respect before, compared to what they have to get over. They are working weekends, they are working nights, and they are still not actually moving that quickly compared to what a VC firm can do or an investment bank or someone else who doesn’t have the weight of congressional oversight committees potentially calling you in and government procurement rules and all the rest of it.
  • ROBINSON MEYER: I think that’s a theme across the government’s implementation of the I.R.A. right now, is that generally the government feels like it’s moving as fast as it can. And if you look at the Department of Treasury, they feel like we are publishing — basically, the way that most of the I.R.A. subsidies work is that they will eventually be administered by the I.R.S., but first the Department of the Treasury has to write the guidebook for all these subsidies, right?
  • the law says there’s a very general kind of “here’s thousands of dollars for EVs under this circumstance.” Someone still has to go in and write all the fine print. The Department of Treasury is doing that right now for each tax credit, and they have to do that before anyone can claim that tax credit to the I.R.S. Treasury feels like it’s moving extremely quickly. It basically feels like it’s completely at capacity with these, and it’s sequenced these so it feels like it’s getting out the most important tax credits first.
  • Private industry feels like we need certainty. It’s almost a year since the law passed, and you haven’t gotten us the domestic content bonus. You haven’t gotten us the community solar bonus. You haven’t gotten us all these things yet.
  • a theme across the government right now is that the I.R.A. passed. Agencies have to write the regulations for all these tax credits. They feel like they’re moving very quickly, and yet companies feel like they’re not moving fast enough.
  • that’s how we get to this point where we’re 311 days out from the I.R.A. passing, and you’re like, well, has it made a big difference? And I’m like, well, frankly, wind and solar developers broadly don’t feel like they have the full understanding of all the subsidies they need yet to begin making the massive investments
  • I think it’s fair to say maybe the biggest bet on that is green hydrogen, if you’re looking in the bill.
  • We think it’s going to be an important tool in industry. It may be an important tool for storing energy in the power grid. It may be an important tool for anything that needs combustion.
  • ROBINSON MEYER: Yeah, absolutely. So green hydrogen — and let’s just actually talk about hydrogen broadly as this potential tool in the decarbonization tool kit.
  • It’s a molecule. It is a very light element, and you can burn it, but it’s not a fossil fuel. And a lot of the importance of hydrogen kind of comes back to that attribute of it.
  • So when we look at sectors of the economy that are going to be quite hard to decarbonize — and that’s because there is something about fossil fuels chemically that is essential to how that sector works either because they provide combustion heat and steelmaking or because fossil fuels are actually a chemical feedstock where the molecules in the fossil fuel are going into the product or because fossil fuels are so energy dense that you can carry a lot of energy while actually not carrying that much mass — any of those places, that’s where we look at hydrogen as going.
  • green hydrogen is something new, and the size of the bet is huge. So can you talk about first just what is green hydrogen? Because my understanding of it is spotty.
  • The I.R.A. is extremely generous — like extremely, extremely generous — in its hydrogen subsidies
  • The first is for what’s called blue hydrogen, which is hydrogen made from natural gas, where we then capture the carbon dioxide that was released from that process and pump it back into the ground. That’s one thing that’s subsidized. It’s basically subsidized as part of this broader set of packages targeted at carbon capture
  • green hydrogen, which is where we take water, use electrolyzers on it, basically zap it apart, take the hydrogen from the water, and then use that as a fue
  • The I.R.A. subsidies for green hydrogen specifically, which is the one with water and electricity, are so generous that relatively immediately, it’s going to have a negative cost to make green hydrogen. It will cost less than $0 to make green hydrogen. The government’s going to fully cover the cost of producing it.
  • That is intentional because what needs to happen now is that green hydrogen moves into places where we’re using natural gas, other places in the industrial economy, and it needs to be price competitive with those things, with natural gas, for instance. And so as it kind of is transported, it’s going to cost money
  • As you make the investment to replace the technology, it’s going to cost money. And so as the hydrogen moves through the system, it’s going to wind up being price competitive with natural gas, but the subsidies in the bill are so generous that hydrogen will cost less than $0 to make a kilogram of it
  • There seems to be a sense that hydrogen, green hydrogen, is something we sort of know how to make, but we don’t know how to make it cost competitive yet. We don’t know how to infuse it into all the processes that we need to be infused into. And so a place where the I.R.A. is trying to create a reality that does not yet exist is a reality where green hydrogen is widely used, we have to know how to use it, et cetera.
  • And they just seem to think we don’t. And so you need all these factories. You need all this innovation. Like, they have to create a whole innovation and supply chain almost from scratch. Is that right?
  • ROBINSON MEYER: That’s exactly right. There’s a great Department of Energy report that I would actually recommend anyone interested in this read called “The Liftoff Report for Clean Hydrogen.” They made it for a few other technologies. It’s a hundred-page book that’s basically how the D.O.E. believes we’re going to build out a clean hydrogen economy.
  • And, of course, that is policy in its own right because the D.O.E. is saying, here is the years we’re going to invest to have certain infrastructure come online. Here’s what we think we need. That’s kind of a signal to industry that everyone should plan around those years as well.
  • It’s a great book. It’s like the best piece of industrial policy I’ve actually seen from the government at all. But one of the points it makes is that you’re going to make green hydrogen. You’re then going to need to move it. You’re going to need to move it in a pipeline or maybe a truck or maybe in storage tanks that you then cart around.
  • Once it gets to a facility that uses green hydrogen, you’re going to need to store some green hydrogen there in storage tanks on site because you basically need kind of a backup supply in case your main supply fails. All of those things are going to add cost to hydrogen. And not only are they going to add cost, we don’t really know how to do them. We have very few pipelines that are hydrogen ready.
  • All of that investment needs to happen as a result to make the green hydrogen economy come alive. And why it’s so lavishly subsidized is to kind of fund all that downstream investment that’s eventually going to make the economy come true.
  • But a lot of what has to happen here, including once the money is given out, is that things we do know how to build get built, and they get built really fast, and they get built at this crazy scale.
  • So I’ve been reading this paper on what they call “The Greens’ Dilemma” by J.B. Ruhl and James Salzman, who also wrote this paper called “Old Green Laws, New Green Deal,” or something like that. And I think they get at the scale problem here really well.
  • “The largest solar facility currently online in the US is capable of generating 585 megawatts. To meet even a middle-road renewable energy scenario would require bringing online two new 400-megawatt solar power facilities, each taking up at least 2,000 acres of land every week for the next 30 years.”
  • And that’s just solar. We’re not talking wind there. We’re not talking any of the other stuff we’ve discussed here, transmission lines. Can we do that? Do we have that capacity?
  • ROBINSON MEYER: No, we do not. We absolutely do not. I think we’re going to build a ton of wind and solar. We do not right now have the system set up to use that much land to build that much new solar and wind by the time that we need to build it. I think it is partially because of permitting laws, and I think it’s also partially because right now there is no master plan
  • There’s no overarching strategic entity in the government that’s saying, how do we get from all these subsidies in the I.R.A. to net zero? What is our actual plan to get from where we are right now to where we’re emitting zero carbon as an economy? And without that function, no project is essential. No activity that we do absolutely needs to happen, and so therefore everything just kind of proceeds along at a convenient pace.
  • given the scale of what’s being attempted here, you might think that something the I.R.A. does is to have some entity in the government, as you’re saying, say, OK, we need this many solar farms. This is where we think we should put them. Let’s find some people to build them, or let’s build them ourselves.
  • what it actually does is there’s an office somewhere waiting for private companies to send in an application for a tax credit for solar that they say they’re going to build, and then we hope they build it
  • it’s an almost entirely passive process on the part of the government. Entirely would be going too far because I do think they talk to people, and they’re having conversations
  • the builder applies, not the government plans. Is that accurate?
  • ROBINSON MEYER: That’s correct. Yes.
  • ROBINSON MEYER: I think here’s what I would say, and this gets back to what do we want the I.R.A. to do and what are our expectations for the I.R.A
  • If the I.R.A. exists to build out a ton of green capacity and shift the political economy of the country toward being less dominated by fossil fuels and more dominated by the clean energy industry, frankly, then it is working
  • If the I.R.A. is meant to get us all the way to net zero, then it is not capable of that.
  • in 2022, right, we had no way to see how we were going to reduce emissions. We did not know if we were going to get a climate bill at all. Now, we have this really aggressive climate bill, and we’re like, oh, is this going to get us to net zero?
  • But getting to net zero was not even a possibility in 2022.
  • The issue is that the I.R.A. requires, ultimately, private actors to come forward and do these things. And as more and more renewables get onto the grid, almost mechanically, there’s going to be less interest in bringing the final pieces of decarbonized electricity infrastructure onto the grid as well.
  • EZRA KLEIN: Because the first things that get applied for are the ones that are more obviously profitable
  • The issue is when you talk to solar developers, they don’t see it like, “Am I going to make a ton of money, yes or no?” They see it like they have a capital stack, and they have certain incentives and certain ways to make money based off certain things they can do. And as more and more solar gets on the grid, building solar at all becomes less profitable
  • also, just generally, there’s less people willing to buy the solar.
  • as we get closer to a zero-carbon grid, there is this risk that basically less and less gets built because it will become less and less profitable
  • EZRA KLEIN: Let’s call that the last 20 percent risk
  • EZRA KLEIN: — or the last 40 percent. I mean, you can probably attach different numbers to that
  • ROBINSON MEYER: Permitting is the primary thing that is going to hold back any construction basically, especially out West,
  • right now permitting fights, the process under the National Environmental Policy Act just at the federal level, can take 4.5 years
  • let’s say every single project we need to do was applied for today, which is not true — those projects have not yet been applied for — they would be approved under the current permitting schedule in 2027.
  • ROBINSON MEYER: That’s before they get built.
  • Basically nobody on the left talked about permitting five years ago. I don’t want to say literally nobody, but you weren’t hearing it, including in the climate discussion.
  • people have moved to saying we do not have the laws, right, the permitting laws, the procurement laws to do this at the speed we’re promising, and we need to fix that. And then what you’re seeing them propose is kind of tweak oriented,
  • Permitting reform could mean a lot of different things, and Democrats and Republicans have different ideas about what it could mean. Environmental groups, within themselves, have different ideas about what it could mean.
  • for many environmental groups, the permitting process is their main tool. It is how they do the good that they see themselves doing in the world. They use the permitting process to slow down fossil fuel projects, to slow down projects that they see as harming local communities or the local environment.
  • ROBINSON MEYER: So we talk about the National Environmental Policy Act or NEPA. Let’s just start calling it NEPA. We talk about the NEPA process
  • NEPA requires the government basically study any environmental impact from a project or from a decision or from a big rule that could occur.
  • Any giant project in the United States goes through this NEPA process. The federal government studies what the environmental impact of the project will be. Then it makes a decision about whether to approve the project. That decision has nothing to do with the study. Now, notionally, the study is supposed to inform the project.
  • the decision the federal government makes, the actual “can you build this, yes or no,” legally has no connection to the study. But it must conduct the study in order to make that decision.
  • that permitting reform is so tough for the Democratic coalition specifically is that this process of forcing the government to amend its studies of the environmental impact of various decisions is the main tool that environmental litigation groups like Earthjustice use to slow down fossil fuel projects and use to slow down large-scale chemical or industrial projects that they don’t think should happen.
  • when we talk about making this program faster, and when we talk about making it more immune to litigation, they see it as we’re going to take away their main tools to fight fossil fuel infrastructure
  • why there’s this gap between rhetoric and what’s actually being proposed is that the same tool that is slowing down the green build-out is also what’s slowing down the fossil fuel build-out
  • ROBINSON MEYER: They’re the classic conflict here between the environmental movement classic, let’s call it, which was “think globally, act locally,” which said “we’re going to do everything we can to preserve the local environment,” and what the environmental movement and the climate movement, let’s say, needs to do today, which is think globally, act with an eye to what we need globally as well, which is, in some cases, maybe welcome projects that may slightly reduce local environmental quality or may seem to reduce local environmental quality in the name of a decarbonized world.
  • Because if we fill the atmosphere with carbon, nobody’s going to get a good environment.
  • Michael Gerrard, who is professor at Columbia Law School. He’s a founder of the Sabin Center for Climate Change Law there. It’s called “A Time for Triage,” and he has this sort of interesting argument that the environmental movement in general, in his view, is engaged in something he calls trade-off denial.
  • his view and the view of some people is that, look, the climate crisis is so bad that we just have to make those choices. We have to do things we would not have wanted to do to preserve something like the climate in which not just human civilization, but this sort of animal ecosystem, has emerged. But that’s hard, and who gets to decide which trade-offs to make?
  • what you’re not really seeing — not really, I would say, from the administration, even though they have some principles now; not really from California, though Gavin Newsom has a set of early things — is “this is what we think we need to make the I.R.A. happen on time, and this is how we’re going to decide what is a kind of project that gets this speedway through,” w
  • there’s a failure on the part of, let’s say, the environmental coalition writ large to have the courage to have this conversation and to sit down at a table and be like, “OK, we know that certain projects aren’t happening fast enough. We know that we need to build out faster. What could we actually do to the laws to be able to construct things faster and to meet our net-zero targets and to let the I.R.A. kind achieve what it could achieve?”
  • part of the issue is that we’re in this environment where Democrats control the Senate, Republicans control the House, and it feels very unlikely that you could just get “we are going to accelerate projects, but only those that are good for climate change,” into the law given that Republicans control the House.
  • part of the progressive fear here is that the right solutions must recognize climate change. Progressives are very skeptical that there are reforms that are neutral on the existence of climate change and whether we need to build faster to meet those demands that can pass through a Republican-controlled House.
  • one of the implications of that piece was it was maybe a huge mistake for progressives not to have figured out what they wanted here and could accept here, back when the negotiating partner was Joe Manchin.
  • Manchin’s bill is basically a set of moderate NEPA reforms and transmission reforms. Democrats, progressives refuse to move on it. Now, I do want to be fair here because I think Democrats absolutely should have seized on that opportunity, because it was the only moment when — we could tell already that Democrats — I mean, Democrats actually, by that moment, had lost the House.
  • I do want to be fair here that Manchin’s own account of what happened with this bill is that Senate Republicans killed it and that once McConnell failed to negotiate on the bill in December, Manchin’s bill was dead.
  • EZRA KLEIN: It died in both places.ROBINSON MEYER: It died in both places. I think that’s right.
  • Republicans already knew they were going to get the House, too, so they had less incentive to play along. Probably the time for this was October.
  • EZRA KLEIN: But it wasn’t like Democrats were trying to get this one done.
  • EZRA KLEIN: To your point about this was all coming down to the wire, Manchin could have let the I.R.A. pass many months before this, and they would have had more time to negotiate together, right? The fact that it was associated with Manchin in the way it was was also what made it toxic to progressives, who didn’t want to be held up by him anymore.
  • What becomes clear by the winter of this year, February, March of this year, is that as Democrats and Republicans begin to talk through this debt-ceiling process where, again, permitting was not the main focus. It was the federal budget. It was an entirely separate political process, basically.
  • EZRA KLEIN: I would say the core weirdness of the debt-ceiling fight was there was no main focus to it.
  • EZRA KLEIN: It wasn’t like past ones where it was about the debt. Republicans did some stuff to cut spending. They also wanted to cut spending on the I.R.S., which would increase the debt, right? It was a total mishmash of stuff happening in there.
  • That alchemy goes into the final debt-ceiling negotiations, which are between principals in Congress and the White House, and what we get is a set of basically the NEPA reforms in Joe Manchin’s bill from last year and the Mountain Valley pipeline, the thing that environmentalists were focused on blocking, and effectively no transmission reforms.
  • the set of NEPA reforms that were just enacted, that are now in the law, include — basically, the word reasonable has been inserted many times into NEPA. [LAUGHS] So the law, instead of saying the government has to study all environmental impacts, now it has to study reasonable environmental impacts.
  • this is a kind of climate win — has to study the environmental impacts that could result from not doing a project. The kind of average NEPA environmental impact study today is 500 pages and takes 4.5 years to produce. Under the law now, the government is supposed to hit a page limit of 150 to 300 pages.
  • there’s a study that’s very well cited by progressives from three professors in Utah who basically say, well, when you look at the National Forest Service, and you look at this 40,000 NEPA decisions, what mostly holds up these NEPA decisions is not like, oh, there’s too many requirements or they had to study too many things that don’t matter. It’s just there wasn’t enough staff and that staffing is primarily the big impediment. And so on the one hand, I think that’s probably accurate in that these are, in some cases — the beast has been starved, and these are very poorly staffed departments
  • The main progressive demand was just “we must staff it better.”
  • But if it’s taking you this much staffing and that much time to say something doesn’t apply to you, maybe you have a process problem —ROBINSON MEYER: Yes.EZRA KLEIN: — and you shouldn’t just throw endless resources at a broken process, which brings me — because, again, you can fall into this and never get out — I think, to the bigger critique her
  • these bills are almost symbolic because there’s so much else happening, and it’s really the way all this interlocks and the number of possible choke points, that if you touch one of them or even you streamline one of them, it doesn’t necessarily get you that f
  • “All told, over 60 federal permitting programs operate in the infrastructure approval regime, and that is just the federal system. State and local approvals and impact assessments could also apply to any project.”
  • their view is that under this system, it’s simply not possible to build the amount of decarbonization infrastructure we need at the pace we need it; that no amount of streamlining NEPA or streamlining, in California, CEQA will get you there; that we basically have been operating under what they call an environmental grand bargain dating back to the ’70s, where we built all of these processes to slow things down and to clean up the air and clean up the water.
  • we accepted this trade-off of slower building, quite a bit slower building, for a cleaner environment. And that was a good trade. It was addressing the problems of that era
  • now we have the problems of this era, which is we need to unbelievably, rapidly build out decarbonization infrastructure to keep the climate from warming more than we can handle and that we just don’t have a legal regime or anything.
  • You would need to do a whole new grand bargain for this era. And I’ve not seen that many people say that, but it seems true to me
  • the role that America had played in the global economy in the ’50s and ’60s where we had a ton of manufacturing, where we were kind of the factory to a world rebuilding from World War II, was no longer tenable and that, also, we wanted to focus on more of these kind of high-wage, what we would now call knowledge economy jobs.That was a large economic transition happening in the ’70s and ’80s, and it dovetailed really nicely with the environmental grand bargain.
  • At some point, the I.R.A. recognizes that that environmental grand bargain is no longer operative, right, because it says, we’re going to build all this big fiscal fixed infrastructure in the United States, we’re going to become a manufacturing giant again, but there has not been a recognition among either party of what exactly that will mean and what will be required to have it take hold.
  • It must require a form of on-the-ground, inside-the-fenceline, “at the site of the power plant” pollution control technology. The only way to do that, really, is by requiring carbon capture and requiring the large construction of major industrial infrastructure at many, many coal plants and natural gas plants around the country in order to capture carbon so it doesn’t enter the atmosphere, and so we don’t contribute to climate change. That is what the Supreme Court has ruled. Until that body changes, that is going to be the law.
  • So the E.P.A. has now, last month, proposed a new rule under the Clean Air Act that is going to require coal plants and some natural gas plants to install carbon capture technology to do basically what the Supreme Court has all but kind of required the E.P.A. to do
  • the E.P.A. has to demonstrate, in order to kind of make this rule the law and in order to make this rule pass muster with the Supreme Court, that this is tenable, that this is the best available and technologically feasible option
  • that means you actually have to allow carbon capture facilities to get built and you have to create a legal process that will allow carbon capture facilities to get built. And that means you need to be able to tell a power plant operator that if they capture carbon, there’s a way they can inject it back into the ground, the thing that they’re supposed to do with it.
  • Well, E.P.A. simultaneously has only approved the kind of well that you need to inject carbon that you’ve captured from a coal factory or a natural gas line back into the ground. It’s called a Class 6 well. The E.P.A. has only ever approved two Class 6 wells. It takes years for the E.P.A. to approve a Class 6 well.
  • And environmental justice groups really, really oppose these Class 6 wells because they see any carbon capture as an effort to extend the life of the fossil fuel infrastructure
  • The issue here is that it seems like C.C.S., carbon capture, is going to be essential to how the U.S. decarbonizes. Legally, we have no other choice because of the constraints the Supreme Court has placed on the E.P.A.. At the same time, environmental justice groups, and big green groups to some extent, oppose building out any C.C.S.
  • to be fair to them, right, they would say there are other ways to decarbonize. That may not be the way we’ve chosen because the politics weren’t there for it, but there are a lot of these groups that believe you could have 100 percent renewables, do not use all that much carbon capture, right? They would have liked to see a different decarbonization path taken too. I’m not sure that path is realistic.
  • what you do see are environmental groups opposing making it possible to build C.C.S. anywhere in the country at all.
  • EZRA KLEIN: The only point I’m making here is I think this is where you see a compromise a lot of them didn’t want to make —ROBINSON MEYER: Exactly, yeah.EZRA KLEIN: — which is a decarbonization strategy that actually does extend the life cycle of a lot of fossil fuel infrastructure using carbon capture. And because they never bought onto it, they’re still using the pathway they have to try to block it. The problem is that’s part of the path that’s now been chosen. So if you block it, you just don’t decarbonize. It’s not like you get the 100 percent renewable strategy.
  • ROBINSON MEYER: Exactly. The bargain that will emerge from that set of actions and that set of coalitional trade-offs is we will simply keep running this, and we will not cap it.
  • What could be possible is that progressives and Democrats and the E.P.A. turns around and says, “Oh, that’s fine. You can do C.C.S. You just have to cap every single stationary source in the country.” Like, “You want to do C.C.S.? We totally agree. Essential. You must put CSS infrastructure on every power plant, on every factory that burns fossil fuels, on everything.”
  • If progressives were to do that and were to get it into the law — and there’s nothing the Supreme Court has said, by the way, that would limit progressives from doing that — the upshot would be we shut down a ton more stationary sources and a ton more petrochemical refineries and these bad facilities that groups don’t want than we would under the current plan.
  • what is effectively going to happen is that way more factories and power plants stay open and uncapped than would be otherwise.
  • EZRA KLEIN: So Republican-controlled states are just on track to get a lot more of it. So the Rocky Mountain Institute estimates that red states will get $623 billion in investments by 2030 compared to $354 billion for blue states.
  • why are red states getting so much more of this money?
  • ROBINSON MEYER: I think there’s two reasons. I think, first of all, red states have been more enthusiastic about getting the money. They’re the ones giving away the tax credits. They have a business-friendly environment. And ultimately, the way many, many of these red-state governors see it is that these are just businesses.
  • I think the other thing is that these states, many of them, are right-to-work states. And so they might pay their workers less. They certainly face much less risk financially from a unionization campaign in their state.
  • regardless of the I.R.A., that’s where manufacturing and industrial investment goes in the first place. And that’s where it’s been going for 20 years because of the set of business-friendly and local subsidies and right-to-work policies.
  • I think the administration would say, we want this to be a big union-led effort. We want it to go to the Great Lakes states that are our political firewall.
  • and it would go to red states, because that’s where private industry has been locating since the ’70s and ’80s, and it would go to the Southeast, right, and the Sunbelt, and that that wouldn’t be so bad because then you would get a dynamic where red-state senators, red-state representatives, red-state governors would want to support the transition further and would certainly not support the repeal of the I.R.A. provisions and the repeal of climate provisions, and that you’d get this kind of nice vortex of the investment goes to red states, red states feel less antagonistic toward climate policies, more investment goes to red states. Red-state governors might even begin to support environmental regulation because that basically locks in benefits and advantages to the companies located in their states already.
  • I think what you see is that Republicans are increasingly warming to EV investment, and it’s actually building out renewables and actually building out clean electricity generation, where you see them fighting harder.
  • The other way that permitting matters — and this gets into the broader reason why private investment was generally going to red states and generally going to the Sunbelt — is that the Sunbelt states — Georgia, Texas — it’s easier to be there as a company because housing costs are lower and because the cost of living is lower in those states.
  • it’s also partially because the Sunbelt and the Southeast, it was like the last part of the country to develop, frankly, and there’s just a ton more land around all the cities, and so you can get away with the sprawling suburban growth model in those citie
  • It’s just cheaper to keep building suburbs there.
  • EZRA KLEIN: So how are you seeing the fights over these rare-earth metals and the effort to build a safe and, if not domestic, kind of friend-shored supply chain there?
  • Are we going to be able to source some of these minerals from the U.S.? That process seems to be proceeding but going slowly. There are some minerals we’re not going to be able to get from the United States at all and are going to have to get from our allies and partners across the world.
  • The kind of open question there is what exactly is the bargain we’re going to strike with countries that have these critical minerals, and will it be fair to those countries?
  • it isn’t to say that I think the I.R.A. on net is going to be bad for other countries. I just think we haven’t really figured out what deal and even what mechanisms we can use across the government to strike deals with other countries to mine the minerals in those countries while being fair and just and creating the kind of economic arrangement that those countries want.
  • , let’s say we get the minerals. Let’s say we learn how to refine them. There is many parts of the battery and many parts of EVs and many, many subcomponents in these green systems that there’s not as strong incentive to produce in the U.S.
  • at the same time, there’s a ton of technology. One answer to that might be to say, OK, well, what the federal government should do is just make it illegal for any of these battery makers or any of these EV companies to work with Chinese companies, so then we’ll definitely establish this parallel supply chain. We’ll learn how to make cathodes and anodes. We’ll figure it out
  • The issue is that there’s technology on the frontier that only Chinese companies have, and U.S. automakers need to work with those companies in order to be able to compete with them eventually.
  • EZRA KLEIN: How much easier would it be to achieve the I.R.A.’s goals if America’s relationship with China was more like its relationship with Germany?
  • ROBINSON MEYER: It would be significantly easier, and I think we’d view this entire challenge very differently, because China, as you said, not only is a leader in renewable energy. It actually made a lot of the important technological gains over the past 15 years to reducing the cost of solar and wind. It really did play a huge role on the supply side of reducing the cost of these technologies.
  • If we could approach that, if China were like Germany, if China were like Japan, and we could say, “Oh, this is great. China’s just going to make all these things. Our friend, China, is just going to make all these technologies, and we’re going to import them.
  • So it refines 75 percent of the polysilicon that you need for solar, but the machines that do the refining, 99 percent of them are made in China. I think it would be reckless for the U.S. to kind of rely on a single country and for the world to rely on a single country to produce the technologies that we need for decarbonization and unwise, regardless of our relationship with that country.
  • We want to geographically diversify the supply chain more, but it would be significantly easier if we did not have to also factor into this the possibility that the US is going to need to have an entirely separate supply chain to make use of for EVs, solar panels, wind turbines, batteries potentially in the near-term future.
  • , what are three other books they should read?
  • The first book is called “The End of the World” by Peter Brannen. It’s a book that’s a history of mass extinctions, the Earth’s five mass extinctions, and, actually, why he doesn’t think we’re currently in a mass extinction or why, at least, things would need to go just as bad as they are right now for thousands and thousands of years for us to be in basically the sixth extinction.
  • The book’s amazing for two reasons. The first is that it is the first that really got me to understand deep time.
  • he explains how one kind of triggered the next one. It is also an amazing book for understanding the centrality of carbon to Earth’s geological history going as far back as, basically, we can track.
  • “Climate Shock” by Gernot Wagner and Marty Weitzman. It’s about the economics of climate change
  • Marty Weitzman, who I think, until recently, was kind of the also-ran important economist of climate change. Nordhaus was the famous economist. He was the one who got all attention. He’s the one who won the Nobel.
  • He focuses on risk and that climate change is specifically bad because it will damage the environment, because it will make our lives worse, but it’s really specifically bad because we don’t know how bad it will be
  • it imposes all these huge, high end-tail risks and that blocking those tail risks is actually the main thing we want to do with climate policy.
  • That is I think, in some ways, what has become the U.S. approach to climate change and, to some degree, to the underlying economic thinking that drives even the I.R.A., where we want to just cut off these high-end mega warming scenarios. And this is a fantastic explanation of that particular way of thinking and of how to apply that way of thinking to climate change and also to geoengineerin
  • The third book, a little controversial, is called “Shorting the Grid” by Meredith Angwin
  • her argument is basically that electricity markets are not the right structure to organize our electricity system, and because we have chosen markets as a structured, organized electricity system in many states, we’re giving preferential treatment to natural gas and renewables, two fuels that I think climate activists may feel very different ways about, instead of coal, which she does think we should phase out, and, really, nuclear
  • By making it easier for renewables and natural gas to kind of accept these side payments, we made them much more profitable and therefore encouraged people to build more of them and therefore underinvested in the forms of generation, such as nuclear, that actually make most of their money by selling electrons to the grid, where they go to people’s homes.
Brian Zittlau

The Secret History of Guns - Adam Winkler - The Atlantic - 0 views

  • Yet we’ve also always had gun control. The Founding Fathers instituted gun laws so intrusive that, were they running for office today, the NRA would not endorse them. While they did not care to completely disarm the citizenry, the founding generation denied gun ownership to many people: not only slaves and free blacks, but law-abiding white men who refused to swear loyalty to the Revolution.
  • For those men who were allowed to own guns, the Founders had their own version of the “individual mandate” that has proved so controversial in President Obama’s health-care-reform law: they required the purchase of guns. A 1792 federal law mandated every eligible man to purchase a military-style gun and ammunition for his service in the citizen militia. Such men had to report for frequent musters—where their guns would be inspected and, yes, registered on public rolls.
  • Malcolm X and the Panthers described their right to use guns in self-defense in constitutional terms. “Article number two of the constitutional amendments,” Malcolm X argued, “provides you and me the right to own a rifle or a shotgun.” Guns became central to the Panthers’ identity, as they taught their early recruits that “the gun is the only thing that will free us—gain us our liberation.”
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  • Martin Luther King Jr. applied for a permit to carry a concealed firearm in 1956, after his house was bombed. His application was denied, but from then on, armed supporters guarded his home. One adviser, Glenn Smiley, described the King home as “an arsenal.”
  • Republicans in California eagerly supported increased gun control. Governor Reagan told reporters that afternoon that he saw “no reason why on the street today a citizen should be carrying loaded weapons.” He called guns a “ridiculous way to solve problems that have to be solved among people of good will.” In a later press conference, Reagan said he didn’t “know of any sportsman who leaves his home with a gun to go out into the field to hunt or for target shooting who carries that gun loaded.” The Mulford Act, he said, “would work no hardship on the honest citizen.”
  • the Gun Control Act of 1968 amended and enlarged it. Together, these laws greatly expanded the federal licensing system for gun dealers and clarified which people—including anyone previously convicted of a felony, the mentally ill, illegal-drug users, and minors—were not allowed to own firearms. More controversially, the laws restricted importation of “Saturday Night Specials”—the small, cheap, poor-quality handguns so named by Detroit police for their association with urban crime, which spiked on weekends. Because these inexpensive pistols were popular in minority communities, one critic said the new federal gun legislation “was passed not to control guns but to control blacks.”
  • Indisputably, for much of American history, gun-control measures, like many other laws, were used to oppress African Americans.
  • One prosecutor in the impeachment trial, Representative John Bingham of Ohio, thought that the only way to protect the freedmen’s rights was to amend the Constitution. Southern attempts to deny blacks equal rights, he said, were turning the Constitution—“a sublime and beautiful scripture—into a horrid charter of wrong.”
  • Whether or not the Founding Fathers thought the Second Amendment was primarily about state militias, the men behind the Fourteenth Amendment—America’s most sacred and significant civil-rights law—clearly believed that the right of individuals to have guns for self-defense was an essential element of citizenship.
  • As the Yale law professor Akhil Reed Amar has observed, “Between 1775 and 1866 the poster boy of arms morphed from the Concord minuteman to the Carolina freedman.”
  • The Fourteenth Amendment illustrates a common dynamic in America’s gun culture: extremism stirs a strong reaction. The aggressive Southern effort to disarm the freedmen prompted a constitutional amendment to better protect their rights. A hundred years later, the Black Panthers’ brazen insistence on the right to bear arms led whites, including conservative Republicans, to support new gun control. Then the pendulum swung back. The gun-control laws of the late 1960s, designed to restrict the use of guns by urban black leftist radicals, fueled the rise of the present-day gun-rights movement—one that, in an ironic reversal, is predominantly white, rural, and politically conservative.
  • In the 1920s and ’30s, the NRA was at the forefront of legislative efforts to enact gun control. The organization’s president at the time was Karl T. Frederick, a Princeton- and Harvard-educated lawyer known as “the best shot in America”
  • Frederick’s model law had three basic elements. The first required that no one carry a concealed handgun in public without a permit from the local police. A permit would be granted only to a “suitable” person with a “proper reason for carrying” a firearm. Second, the law required gun dealers to report to law enforcement every sale of a handgun, in essence creating a registry of small arms. Finally, the law imposed a two-day waiting period on handgun sales.
  • The NRA today condemns every one of these provisions as a burdensome and ineffective infringement on the right to bear arms. Frederick, however, said in 1934 that he did “not believe in the general promiscuous toting of guns. I think it should be sharply restricted and only under licenses.” The NRA’s executive vice president at the time, Milton A. Reckord, told a congressional committee that his organization was “absolutely favorable to reasonable legislation.”
  • In the 1960s, the NRA once again supported the push for new federal gun laws. After the assassination of President John F. Kennedy in 1963 by Lee Harvey Oswald, who had bought his gun through a mail-order ad in the NRA’s American Rifleman magazine, Franklin Orth, then the NRA’s executive vice president, testified in favor of banning mail-order rifle sales. “We do not think that any sane American, who calls himself an American, can object to placing into this bill the instrument which killed the president of the United States.”
  • In May 1977, Carter and his allies staged a coup at the annual membership meeting. Elected the new executive vice president, Carter would transform the NRA into a lobbying powerhouse committed to a more aggressive view of what the Second Amendment promises to citizens.
  • Wayne LaPierre, the current executive vice president, warned members in 1995 that anyone who wears a badge has “the government’s go-ahead to harass, intimidate, even murder law-abiding citizens.”
  • In 2008, in a landmark ruling, the U.S. Supreme Court declared that the government cannot ever completely disarm the citizenry. In District of Columbia v. Heller, the Supreme Court clearly held, for the first time, that the Second Amendment guarantees an individual’s right to possess a gun. In an opinion by Justice Antonin Scalia, the Court declared unconstitutional several provisions of the District’s unusually strict gun-control law, including its ban on handguns and its prohibition of the use of long guns for self-defense. Indeed, under D.C.’s law, you could own a shotgun, but you could not use it to defend yourself against a rapist climbing through your bedroom window.
  • True, the Founders imposed gun control, but they had no laws resembling Scalia’s list of Second Amendment exceptions. They had no laws banning guns in sensitive places, or laws prohibiting the mentally ill from possessing guns, or laws requiring commercial gun dealers to be licensed. Such restrictions are products of the 20th century. Justice Scalia, in other words, embraced a living Constitution. In this, Heller is a fine reflection of the ironies and contradictions—and the selective use of the past—that run throughout America’s long history with guns.
katherineharron

Georgia's new law suppressing the vote is a victory for Trump - CNNPolitics - 0 views

  • Former President Donald Trump's campaign of lies about a stolen election just delivered a huge victory with a new Georgia law that could suppress the votes of many of the citizens who helped eject him from the White House.
  • The move confirms the Peach State as the epicenter of the fight for American democracy that raged through Trump's presidency and during the insurrection he incited against the US Capitol -- and now threatens to taint future elections as Republicans in multiple states pursue new laws to limit voting.
  • "What I'm worried about is how un-American this whole initiative is. It's sick. It's sick," President Joe Biden said at the first news conference of his presidency that afternoon. The Georgia law raises the question of whether election safeguards that prevented Trump's energetic efforts to rig the 2020 White House race after the fact in the state will stand firm in future elections amid false claims of electoral fraud by a president.
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  • GOP leaders justify the voter suppression measures by arguing that they are needed to crack down on fraud and to restore the public's faith that US elections are fair. But multiple courts and Trump's own Justice Department found there was no widespread electoral fraud in 2020.
  • The Georgia bill is only one example of GOP efforts in multiple states -- including many crucial electoral battlegrounds -- to hold back a diverse demographic tide in cities that favor Democrats, which critics see as an attempt to cement minority rule in the United States.
  • Georgia Republicans also lost two US Senate seats that handed Democrats control of the 50-50 chamber on the basis of huge Black turnout in runoff elections in January.close dialogSign up for CNN's CNN's Chris Cillizza cuts through the political spin and tells you what you need to know. Sign Me UpNo ThanksBy subscribing, you agree to ourprivacy policy.Sign up for CNN's CNN's Chris Cillizza cuts through the political spin and tells you what you need to know. Please enter above Sign Me UpNo ThanksBy subscribing, you agree to ourprivacy policy.You're on the list for CNN'sCNN's Chris Cillizza cuts through the political spin and tells you what you need to know. close dialog/* effects for .bx-campaign-1245919 *//* custom css .bx-campaign-1245919 *//* custom css from creative 47804 */@-ms-keyframes bx-anim-1245919-spin { from {
  • "This should be marked as Exhibit A in making the case that discriminatory voter suppression is alive and well, and makes clear why we need federal voting rights legislation to stop these laws in their tracks," Hewitt said. "We stand ready to take action and protect the fundamental right to vote through the courts."
  • as a remnant of the Jim Crow era that institutionalized racism and hinted that he could ultimately back abolishing the Senate filibuster to get the Democrats' House-passed bill through the chamber. But Biden declined to reveal his strategy for getting the voting rights bill into law.
  • Georgia's action threw a political grenade into the debate over a Washington campaign by many Democrats to abolish Senate supermajority rules that Republicans could use to block their sweeping election bill, known as the For the People Act.
  • In a statement to CNN, Georgia Secretary of State Brad Raffensperger, a Republican who defied Trump's pleas in a telephone call to find votes to overturn Biden's victory, said he would still stand up for voter freedoms but did not criticize the law."In implementing this law, I will ensure that no eligible Georgia voter is hindered in exercising their right to vote, and I will continue to further secure our elections so that every Georgian can have confidence in the results of our elections," Raffensperger said
  • "As the FBI continue to round up seditionists who spilled blood to defend a lie about our elections, Republican state leaders willfully undermine democracy by giving themselves authority to overturn results they do not like," Abrams said in a statement. "Now, more than ever, Americans must demand federal action to protect voting rights as we continue to fight against these blatantly unconstitutional efforts that are nothing less than Jim Crow 2.0."
  • Black voters hampered by the restrictions of voting in urban areas have often found themselves lining up for hours to vote in inclement weather. The clear targeting of African American voters in Georgia and elsewhere recalls some of the ugliest racial episodes of America's past, and is fueling claims of open Republican racism.
  • Former President Donald Trump's campaign of lies about a stolen election just delivered a huge victory with a new Georgia law that could suppress the votes of many of the citizens who helped eject him from the White House.
  • Republican state lawmakers rushed through a broad law Thursday making it harder to vote that disproportionately targets Democratic and Black voters
  • The move confirms the Peach State as the epicenter of the fight for American democracy
  • The Georgia law raises the question of whether election safeguards that prevented Trump's energetic efforts to rig the 2020 White House race after the fact in the state will stand firm in future elections amid false claims of electoral fraud by a president.
  • "What I'm worried about is how un-American this whole initiative is. It's sick. It's sick," President Joe Biden
  • Republicans in multiple states pursue new laws to limit voting.
  • Georgia Republicans also lost two US Senate seats that handed Democrats control of the 50-50 chamber on the basis of huge Black turnout in runoff elections in January.close dialogSign up for CNN What Matters NewsletterEvery day we summarize What Matters and deliver it straight to your inbox.Sign me upNo thanksBy subscribing you agree to ourprivacy policy.By subscribing you agree to ourprivacy policy.Sign up for CNN What Matters NewsletterEvery day we summarize What Matters and deliver it straight to your inbox.Please enter aboveSign me upNo thanksBy subscribing you agree to ourprivacy policy.By subscribing you agree to ourprivacy policy.Sign up for CNN What Matters NewsletterEvery day we summarize What Matters and deliver it straight to your inbox.//assets.bounceexchang
  • After leaving office, Trump demanded that Republican state legislatures pass laws to ban mail-in voting and to prevent courts from weighing in on electoral disputes.
  • the former President has made the acceptance of his false conspiracy theories about voter fraud in 2020 a litmus test for Republican candidates
  • Iowa has already passed a measure to limit absentee balloting and voting hours. Texas is taking steps to cut voting hours and absentee balloting in big Democratic cities like Houston. New voting laws are being pushed by Republicans in another swing state Trump lost, Arizona.
  • GOP leaders justify the voter suppression measures by arguing that they are needed to crack down on fraud and to restore the public's faith that US elections are fair. But multiple courts and Trump's own Justice Department found there was no widespread electoral fraud in 2020.
  • voter mistrust was largely fueled by Trump's blatantly false claims
  • Georgia's action threw a political grenade into the debate over a Washington campaign by many Democrats to abolish Senate supermajority rules that Republicans could use to block their sweeping election bill, known as the For the People Act.
  • The drama in the Georgia Legislature unfolded as Biden condemned restrictive state legislation as a remnant of the Jim Crow era that institutionalized racism and hinted that he could ultimately back abolishing the Senate filibuster to get the Democrats' House-passed bill through the chamber.
  • The law allows any Georgian to make unlimited challenges to voter registrations, and, incredibly, makes it a misdemeanor crime for anyone to offer food and water to voters stuck in long lines to cast ballots.
  • The clear targeting of African American voters in Georgia and elsewhere recalls some of the ugliest racial episodes of America's past, and is fueling claims of open Republican racism.
  • The Georgia law was quickly signed by Republican Gov. Brian Kemp, who incurred the wrath of Trump last year for refusing to play along with his attempt to override Biden's victory by 12,000 votes in the state, which was confirmed by several audits.
  • "In implementing this law, I will ensure that no eligible Georgia voter is hindered in exercising their right to vote, and I will continue to further secure our elections so that every Georgian can have confidence in the results of our elections," Raffensperger said.
  • Kemp is up for reelection in 2022 and could face Democrat Stacey Abrams, a former state lawmaker and prominent voting rights advocate
  • "As the FBI continue to round up seditionists who spilled blood to defend a lie about our elections, Republican state leaders willfully undermine democracy by giving themselves authority to overturn results they do not like," Abrams said in a statement. "Now, more than ever, Americans must demand federal action to protect voting rights as we continue to fight against these blatantly unconstitutional efforts that are nothing less than Jim Crow 2.0."
  • the measure directly targeted voters of color who took part in record numbers in the 2020 election.
  • The For the People Act awaiting action in the Senate would create automatic voter registration nationwide and restore portions of the Voting Rights Act that were gutted by the Supreme Court. It would also strengthen mail-in voting and permit early voting across the country, while taking steps to cut wait times at the polls.
Javier E

Trump Could Threaten U.S. Rule of Law, Scholars Say - The New York Times - 1 views

  • “This is how authoritarianism starts, with a president who does not respect the judiciary,” Mr. Post said. “You can criticize the judicial system, you can criticize individual cases, you can criticize individual judges. But the president has to be clear that the law is the law and that he enforces the law. That is his constitutional obligation.”
  • Even as much of the Republican political establishment lines up behind its presumptive nominee, many conservative and libertarian legal scholars warn that electing Mr. Trump is a recipe for a constitutional crisis.
  • “Who knows what Donald Trump with a pen and phone would do?” asked Ilya Shapiro, a lawyer with the libertarian Cato Institute.
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  • With five months to go before Election Day, Mr. Trump has already said he would “loosen” libel laws to make it easier to sue news organizations. He has threatened to sic federal regulators on his critics. He has encouraged rough treatment of demonstrators.
  • His proposal to bar Muslims from entry into the country tests the Constitution’s guarantees of religious freedom, due process and equal protection. Advertisement Continue reading the main story
  • And, in what was a tipping point for some, he attacked Judge Gonzalo P. Curiel of the Federal District Court in San Diego, who is overseeing two class actions against Trump University.Mr. Trump accused the judge of bias, falsely said he was Mexican and seemed to issue a threat.
  • Beyond the attack on judicial independence is a broader question of Mr. Trump’s commitment to the separation of powers and to the principles of federalism enshrined in the Constitution. Randy E. Barnett, a law professor at Georgetown and an architect of the first major challenge to President Obama’s health care law, said he had grave doubts on both fronts.
  • “You would like a president with some idea about constitutional limits on presidential powers, on congressional powers, on federal powers,” Professor Barnett said, “and I doubt he has any awareness of such limits.”
  • Mr. Post said that view was too sanguine, given the executive branch’s practical primacy. “The president has all the power with respect to enforcing the law,” he said. “There’s only one of those three branches that actually has the guns in its hands, and that’s the executive.”
  • “I don’t think he cares about separation of powers at all,” said Richard Epstein, a fellow at the Hoover Institution who also teaches at New York University and the University of Chicago.
  • President George W. Bush “often went beyond what he should have done,” Professor Epstein said. “I think Obama’s been much worse on that issue pretty consistently, and his underlings have been even more so. But I think Trump doesn’t even think there’s an issue to worry about. He just simply says whatever I want to do I will do.”
  • “I can easily see a situation in which he would take the Andrew Jackson line,” Professor Epstein said, referring to a probably apocryphal comment attributed to Jackson about Chief Justice John Marshall: “John Marshall has made his decision; now let him enforce i
  • “I can easily see a situati
  • There are other precedents, said John C. Yoo, a law professor at the University of California, Berkeley, who took an expansive view of executive power as a lawyer in the Bush administration. “The only two other presidents I can think of who were so hostile to judges on an individual level and to the judiciary as a whole would be Thomas Jefferson and Franklin Roosevelt,” he said.
  • Other legal scholars said they were worried about Mr. Trump’s commitment to the First Amendment. He has taken particular aim at The Washington Post and its owner, Jeff Bezos, the founder of Amazon
  • On one hand, Mr. Trump seemed to misunderstand the scope of presidential power. Libel is a state-law tort constrained by First Amendment principles, and a president’s views do not figure in its application.
  • “There are very few serious constitutional thinkers who believe public figures should be able to use libel as indiscriminately as Trump seems to think they should,” Professor Somin said. “He poses a serious threat to the press and the First Amendment.”
  • On the other hand, said Ilya Somin, a law professor at George Mason University, Mr. Trump’s comments betrayed a troubling disregard for free expression.
  • Many of Mr. Trump’s statements about legal issues were extemporaneous and resist conventional legal analysis. Some seemed to betray ignorance of fundamental legal concepts, as when he said in a debate that Senator Ted Cruz of Texas had criticized Mr. Trump’s sister, a federal appeals court judge, “for signing a certain bill,” adding for good measure that Justice Samuel A. Alito Jr., while still an appeals court judge, had also “signed that bill.”
  • But bills are legislative rather than judicial documents. And, as it happened, Judge Alito had not joined the opinion in question.
Javier E

America Fails the 'Rule of Law' Test - Conor Friedersdorf - The Atlantic - 0 views

  • The U.S. Army field manual defines "the rule of law" as follows: "The rule of law refers to a principle of governance in which all persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced, and independently adjudicated, and which are consistent with international human rights norms and standards. It requires, as well, measures to ensure adherence to the principles of supremacy of law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness and procedural and legal transparency."
  • it would be difficult to conclude that US targeted strikes are consistent with core rule of law norms," they declared. "From the perspective of many around the world, the U.S. appears to claim, in effect, the legal right to kill any person it determines is a member of al-Qaida or its associated forces, in any state on Earth, at any time, based on secret criteria and secret evidence, evaluated in a secret process by unknown and largely anonymous individuals—with no public disclosure of which organizations are considered 'associated forces,' no means for anyone outside that secret process to raise questions about the criteria or validity of the evidence, and no means for anyone outside that process to identify or remedy mistakes or abuses."
  • Unfortunately, the U.S. government violates "rule of law" norms in other areas too. The Foreign Intelligence Surveillance Court does not operate with "procedural and legal transparency." The Office of Legal Counsel adopts highly contestable yet totally secret interpretations of statutes that dramatically affect policy outcomes. Citizens and corporations are served with secret court orders and often feel confused about whether they are even permitted to consult with counsel. Laws against revealing classified information are not enforced equally—powerful actors routinely leak official secrets with impunity, while whistleblowers and dissidents are aggressively persecuted for the mere "mishandling" of state secrets. The director of national intelligence committed perjury without consequence. President Obama has blatantly violated a duly ratified, legally binding treaty that requires him to investigate and prosecute acts of torture. He also violated the War Powers Resolution by participating in the military overthrow of Muammar Qaddafi without securing the approval of Congress. And he won't even clarify exactly what groups he considers us to be at war with! That is only a partial list.
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  • The rule of law's erosion in post-9/11 America was begun by the Bush administration and continued by the Obama administration. Congress has failed to stop it. The Washington, D.C., establishment has done far too little to object. Partisan voters all across America have excused the transgressions of their side.
  • Unlike the Civil War, World War I, or World War II, there will be no definitive date when the War on Terrorism ends. The pattern of wartime abuses followed by a peacetime course correction will not automatically reassert itself in coming years. If the rule of law is to be recovered, lawbreaking officials must be held accountable for their actions, rather than presuming that they can invoke terrorism and do what they please. Congress must stop abdicating its responsibilities as a check on the executive branch. Transparency must once again govern what the law is and how it is applied.
cartergramiak

Key Justices Signal Support for Affordable Care Act - The New York Times - 0 views

  • WASHINGTON — The bulk of the Affordable Care Act, the sprawling 2010 health care law that is President Barack Obama’s defining domestic legacy, appeared likely to survive its latest encounter with the Supreme Court in arguments on Tuesday.
  • “It does seem fairly clear that the proper remedy would be to sever the mandate provision and leave the rest of the law in place,” said Justice Brett M. Kavanaugh.
  • Chief Justice John G. Roberts Jr. made a similar point. “Congress left the rest of the law intact when it lowered the penalty to zero,” he said.
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  • Democratic states and the House, which intervened in the case to defend the health law, asked the Supreme Court to intervene, saying a prompt decision was needed to remove the uncertainty caused by the lower courts’ decisions.
  • In a 2017 law review article, she questioned the chief justice’s 2012 opinion. “Chief Justice Roberts pushed the Affordable Care Act beyond its plausible meaning to save the statute,” Justice Barrett wrote.In an interview after the 2015 decision, she said, “I think the dissent has the better of the legal argument.”“That’s not to say the result isn’t preferable,” Judge Barrett said at the time. “It’s clearly a good result that these millions of Americans won’t lose their tax subsidies.”
  • Tens of millions of Americans gained insurance coverage under the 2010 law, which includes popular provisions on guaranteed coverage for pre-existing medical conditions, emergency care, prescription drugs and maternity care. Republican state officials, backed by the Trump administration, say that a key provision of the law is unconstitutional, and that this means the whole law must fall.
  • The law’s defenders are hoping that the Republican challengers cannot run the table on three separate legal arguments they would need to win: that they have suffered the sort of injury that gives them standing to sue; that the zeroing out of the tax penalty made the individual mandate unconstitutional; and that the rest of the law cannot stand without the individual mandate.
  • The Republicans also face the challenge of the enormous practical effects of striking down the law. Doing so would increase the ranks of the uninsured in the United States by more than 20 million people — a nearly 70 percent increase — according to new estimates from the Urban Institute.
  • The biggest loss of coverage would be among low-income adults who became eligible for Medicaid under the law after all but a dozen states expanded the program to include them. But millions would also lose private insurance, including young adults whom the law allowed to stay on their parents’ plans until they turned 26 and families whose income was modest enough to qualify for subsidies under the law that help pay their monthly premiums.
  • Tuesday’s arguments, which will be heard by telephone, are scheduled for 80 minutes but are likely to last two hours or longer. Michael J. Mongan, the solicitor general of California, representing a coalition of liberal-leaning states, will defend the law; Kyle D. Hawkins, the solicitor general of Texas, representing a coalition of conservative-leaning states, will urge the justices to strike it down.
Javier E

Did Trump Ever Have a Chance? - Talking Points Memo - 0 views

  • As he told Michael Schmidt of the Times, “When you look at the things that [the Obama administration] did, and Holder protected the president. And I have great respect for that, I’ll be honest, I have great respect for that.”
  • We see these attitudes as the mindset of a would-be authoritarian. And they are. But they are also the attitudes of a criminal. By this I mean not simply someone who has broken the law. I mean someone who has no inherent respect for the law or great fear of its enforcement and breaks the law more or less casually when it is convenient and relatively safe to do so. Typically, such people see the trappings of the law as little more than a mask for the exercise of power.
  • This is clearly Trump’s view of the world. Just as clearly he saw becoming President as essentially becoming the law. It is the ultimate power and what comes with that is legal invulnerability for him and his family. He earned it.
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  • a persistent theme is that Donald Trump not only sometimes breaks the law but has no familiarity or experience following it. The idea of limits is simply alien to him.
  • Tony Soprano and Vito Corleone aren’t against the law. It’s just something like the weather that you deal with and work around and maybe even use sometimes but all and only in the service of personal and family power and wealth. The key theme of all mob drama – and presumably to some degree the reality of mob culture – is that the law is for chumps, a crutch for those who aren’t man enough, powerful enough to get what they want without it.
  • This sounds very much like the mindset of Donald Trump and his family. Who would be a fool enough to become President of the United States and not use the power for legal invulnerability?
  • We see this repeated pattern of aides scurrying around, plotting amongst themselves, all trying to prevent him from doing things that are not only clearly illegal or even unconstitutional but wildly self-destructive. The months’ long effort by even the most transgressive and aggressive aides – folks like Steve Bannon, for example – to stop Trump from firing James Comey is the most vivid and high-octane example.
  • Very notably, the biggest advocates for firing Comey were not Trump’s wildest advisors but members of his family – Jared Kushner and, now it seems, Ivanka Trump too. It’s the immediate family members and the lickspittles and retainers he brought with him from his private sector fiefdom, The Trump Organization – Dan Scavino, Hope Hicks, et al. It’s a Family in every sense. They have no experience following the law, all reared in a culture of inter-generational criminality.
  • As his top advisors and aides seem to realize as clearly as anyone, Trump is wholly unable to follow the law. He needs to be monitored closely to prevent him from breaking the law. And don’t get me wrong. Many of these folks are not at all the best people. They’ll break the law. But they’re also acculturated into law-abiding society. So they have a sense of how to do it sparingly or at least discreetly so as to at least avoid getting caught. Trump seems to have no such experience.
yehbru

Two New Laws Restrict Police Use of DNA Search Method - The New York Times - 0 views

  • Maryland and Montana have passed the nation’s first laws limiting forensic genealogy, the method that found the Golden State Killer.
  • New laws in Maryland and Montana are the first in the nation to restrict law enforcement’s use of genetic genealogy, the DNA matching technique that in 2018 identified the Golden State Killer, in an effort to ensure the genetic privacy of the accused and their relatives.
  • Beginning on Oct. 1, investigators working on Maryland cases will need a judge’s signoff before using the method, in which a “profile” of thousands of DNA markers from a crime scene is uploaded to genealogy websites to find relatives of the culprit
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  • The new law, sponsored by Democratic lawmakers, also dictates that the technique be used only for serious crimes, such as murder and sexual assault. And it states that investigators may only use websites with strict policies around user consent.
  • The laws “demonstrate that people across the political spectrum find law enforcement use of consumer genetic data chilling, concerning and privacy-invasive,” said Natalie Ram, a law professor at the University of Maryland who championed the Maryland law
  • “This bill strikes a balance between this very important technology to identify people that do the very worst things to our Marylanders, yet it balances that against the privacy concerns and the trust that we need from the public,” John Fitzgerald, the chief of the Chevy Chase Village Police Department
  • For one thing, the law states that by 2024, genealogists working on such cases must be professionally certified — a credential that does not yet exist.
  • Investigators may use only genealogy companies that have explicitly informed the public and their customers that law enforcement uses their databases, and that have asked for their customers’ consent to participate.
  • “We know well that most people do not read these kinds of forms closely,” Ms. Ram said. “This is likely to generate unwitting inclusion rather than actual consent.”
  • Unlike 23andMe and Ancestry, which have kept their immense genetic databases unavailable to law enforcement without a court order, GEDmatch and FamilyTreeDNA are eager to cooperate
  • Investigators cannot use any of the genetic information collected, whether from the suspect or third parties, to learn about a person’s psychological traits or disease predispositions
  • These searches are “the equivalent of the government going through all of your medical records and all of your family records just to identify you,” said Leah Larkin
Javier E

The Collapse of Big Law: A Cautionary Tale for Big Med - Richard Gunderman and Mark Mut... - 0 views

  • he law is not well. US law school applications are down by nearly half from eight years ago, and 85% of graduates now carry at least $100,000 in debt. More than 180 of the 200 US law schools are able to find jobs for more than 80% of their graduates. Median starting salaries for those who do find work are down by 17%, and more than a third of graduates cannot find full-time employment. Tellingly, lawyers have higher rates of depression and alcoholism than the general population. 
  • more fundamental problems emerge. One is the increasing popularity of law school rankings. In order to compete for students and tuition dollars, law schools do what they can to improve their standing, which means in part encouraging as many students as possible to apply and to take jobs with high-paying firms when they graduate
  • An even more serious problem is the way law firms keep score. One prevalent measure is PPP, or profit per partner, introduced by The American Lawyer in 1985. When such statistics began to be published, firms that thought they were doing well suddenly discovered that they were being outperformed by peers.  Soon bidding wars ensued for top earners, who are sometimes referred to as “rainmakers.”
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  • as soon as law firms begin measuring their performance by the revenue each attorney generates, money begins to supplant all other means of assessing performance.
  • To professionals who choose careers in fields such as law, medicine, and teaching, it is demoralizing to be treated as a unit of production. Even some of the lawyers earning millions of dollars report that they find little or no fulfillment in the work they do.
  • by stoking the flames of competition between law firms and attorneys, the current system has engrained what economists call a “zero-sum” mentality. There is only a relatively fixed quantity of legal work to be done, and for one firm or attorney to command more of it, others must make due with less.
  • As a professional, a lawyer represents her clients in the courtroom, in her office and at the negotiating table. She operates with an appreciation for her role in the adversarial judicial process, the need to educate clients about the limits and purpose of the law, and the importance of helping clients create frameworks to work together to form organizations, build businesses, and plan for the future. Doing these things well provides a sense of meaning and value in work.
  • As a mere service provider, by contrast, her role is to provide a discrete technical service—usually assumed to be the same as any other lawyer would provide—for a fee. Her success is measured not in the professional insight and practical wisdom she offers but in the technical efficiency with which she provides services and her ability to attract other clients willing to pay her to do the same. The sense of professional fulfillment associated with the role of service provider is small at best. 
Javier E

Debate Erupts at N.J. Law School After White Student Quotes Racial Slur - The New York ... - 0 views

  • Rutgers officials willing to talk openly about their opposition to the students’ demands have said that the school, as a public institution, has a greater obligation to safeguard students’ and teachers’ First Amendment right to free speech.
  • The head of the journalism department at Central Michigan University was fired last year after using the same slur when quoting from a lawsuit. An Emory University law school professor was placed on administrative leave for more than a year after using the word in discussions with students about race.
  • Any public use of a racial epithet can carry a risk of steep professional consequences.
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  • “Although we all deplore the use of racist epithets,” said Gary L. Francione, a law professor who also signed the statement, “the idea that a faculty member or law student cannot quote a published court decision that itself quotes a racial or other otherwise objectionable word as part of the record of the case is problematic and implicates matters of academic freedom and free speech.”
  • Among the professors who have signed a statement in support of Professor Bergelson and the student are some of the school’s most prominent faculty members, including John Farmer Jr., a former New Jersey attorney general, and Ronald K. Chen, the state’s onetime public advocate. Both are former deans of Rutgers Law School.
  • rofessor Bergelson, 59, has said that she did not hear the word spoken during the videoconference session, which three students attended after a criminal law class, and would have corrected the student if she had.
  • Professor Bergelson said she was never told about her students’ objections, learning of them only after the petition surfaced April 6, five months later. Within days, she said, she convened a meeting with the criminal law class and other first-year students to discuss the incident and to offer an apology. The student, who has not been publicly identified, also apologized during the meeting.
  • “I don’t think the Law School should have rules that are stricter than the Constitution of the United States,” said Dennis M. Patterson, a professor.
  • Professor Lopez and his co-dean, Kimberly Mutcherson, said in a statement that the discussion underway had nothing to do with “stifling academic freedom, ignoring the First Amendment, or banning words.”
  • Rather, they said, it was about “how best to create classroom environments in which all of our students feel seen, heard, valued and respected.”
  • “He said, um — and I’ll use a racial word, but it’s a quote,” the student said, according to a summary of the incident written by professors. “He says, ‘I’m going to go to Trenton and come back with my [expletive]s.”
  • The controversy began on Oct. 28, after a criminal law class all first-year students are required to take. In discussing the circumstances under which a criminal defendant could be held liable for crimes committed by his co-conspirators, the student repeated a quote from a defendant that appeared in an opinion written by a former State Supreme Court judge, Alan B. Handler.
  • Samantha Harris, the lawyer representing the woman, said the school would be abdicating its responsibility to train lawyers if it encouraged professors to avoid epithets in all contexts.
  • “When you’re an attorney, you hear all kinds of horrible things,” said Ms. Harris, a former fellow at FIRE, the Foundation for Individual Rights in Education.
  • dam Scales, a Black professor at Rutgers Law who has signed the statement of support for Professor Bergelson, said he opposed even voluntary limits on speech. But he said the number of his colleagues who believe racial epithets should never be spoken, regardless of the context, is “not insignificant.”
  • “You represent people who have said horrible things, who have done horrible things,” she said. “You can’t guarantee a world free of offensive language.”
  • The faculty discussions, held by videoconference, have been fraught, he said.
  • “I can’t imagine a less hospitable setting than a 100-person Zoom call to discuss racism,” he said. “It’s a demoralizing time for everyone involved.”
  • “I certainly grew up in the shadow of this tragedy,” she said. “I am very sensitive to how a word can trigger painful episodes. I would never use the words in class.”Still, she said, other professors and students should be free to make their own choices.
  • Professor Bergelson, who emigrated from Moscow as an adult, said her belief that slurs rooted in racism, bigotry or misogyny should be avoided in class stems from her personal history. Her grandmother, she said, was a journalist who was executed in 1950 by the Stalin regime for associating with the Jewish Anti-Fascist Committee. Another relative was executed in 1952.
clairemann

SB 8, Texas's anti-abortion law, is back at the Supreme Court. Here's what's different ... - 0 views

  • On October 14, the conservative United States Court of Appeals for the Fifth Circuit formally blocked a trial court’s decision halting SB 8, a Texas law banning most abortions in that state.
  • But there are some important legal distinctions between the current challenge to SB 8, known as United States v. Texas, and the Court’s previous order in Whole Woman’s Health v. Jackson allowing SB 8 to take effect. Specifically, the Justice Department argues in its request for relief that the United States is allowed to sue Texas directly, even if private parties may not.
  • The new challenge from the DOJ argues that, at least in an unusual case such as this one, the United States should be allowed to sue the state of Texas — and that it should be able to do so specifically because no one else can. As Judge Robert Pitman, who briefly blocked SB 8 before his decision was stayed by the Fifth Circuit, summarized the DOJ’s argument, the United States should be allowed to step in when “(1) a state law violates the constitution, (2) that state action has a widespread effect, and (3) the state law is designed to preclude review by the very people whose rights are violated.”
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  • But SB 8, written to sidestep that kind of legal challenge, explicitly forbids any “officer or employee of a state or local governmental entity” in Texas from enforcing it. The idea is that, if no state official can enforce the law, abortion rights plaintiffs have no one to sue.
  • This scheme, as Chief Justice John Roberts noted in his dissenting opinion in Whole Woman’s Health, “is not only unusual, but unprecedented.” As Justice Sonia Sotomayor wrote in her dissent, the law is “engineered to prohibit women from exercising their constitutional rights and evade judicial scrutiny.”
  • The Texas law was specifically drafted to evade judicial review.
  • The second and more difficult question is why the federal government should be the plaintiff of last resort. DOJ rests the lion’s share of its argument on In re Debs (1895), a Gilded Age decision giving federal courts extraordinary authority to halt union activities that disrupt interstate commerce (Debs arose out of a massive railroad strike that threw shipping in the Midwest into disarray).
  • Ordinarily, if a state law permitted private parties to sue abortion providers in state court, those providers could wait to be sued, and then argue that the law permitting them to be sued is unconstitutional during that state court proceeding. But SB 8 is designed to frustrate this normal process as well. For one thing, it contains a simply extraordinary provision stating that SB 8 defendants may not assert their “belief that the requirements of this subchapter are unconstitutional or were unconstitutional” as a defense in state court.
  • Although this Court is unlikely to protect abortion rights, there are still potent reasons why even anti-abortion justices should oppose SB 8. For one thing, if Texas can offer bounties to anti-abortion plaintiffs — and evade judicial review in the process — other, bluer states could pass copycat laws. Do the justices really want New York to pass a law permitting “any person” to collect a bounty from gun owners?
  • I don’t have any illusions that this Supreme Court will hold that doctors who perform abortions cannot be punished. But I’d hope that we could all agree that doctors who are falsely accused of violating a state law should not be punished. If due process means anything, it should mean that Dr. Smith should get her day in court before she is forced into bankruptcy.
Javier E

Opinion | Gun Safety Must Be Everything That Republicans Fear - The New York Times - 0 views

  • I find that the gun safety debate lacks candor.
  • People believe it is savvier to tell only part of the truth, to soft-pedal the sell in an effort to get something — anything — done.
  • The truth that no one wants to tell — the one that opponents of gun safety laws understand and the reason so many of them resist new laws — is that no one law or single package of laws will be enough to solve America’s gun violence problem.
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  • The solution will have to be a nonstop parade of laws, with new ones passed as they are deemed necessary, ad infinitum. In the same way that Republicans have been promoting gun proliferation and loosening gun laws for decades, gun safety advocates will have to do the opposite, also for decades.
  • Individual laws, like federal universal background checks and bans on assault rifles and high-capacity magazines, will most likely make a dent, but they cannot end gun violence. Invariably, more mass shootings will occur that none of those laws would have prevented.
  • Opponents of gun safety will inevitably use those shootings to argue that the liberal efforts to prevent gun violence were ineffective. You can hear it now: “They told us that all we needed to do was to pass these laws and the massacres would stop. They haven’t.”
  • It makes people fearful and convinces them that guns provide security. More guns equate to even more security. But in fact, the escalation of gun ownership makes society less safe.
  • But I am on the same page as they are on one point. They see the passage of gun safety laws as a slippery slope that could lead to more sweeping laws and even, one day, national gun registries, insurance requirements and bans. I see the same and I actively hope for it.
  • When I hear Democratic politicians contorting their statements so it sounds like they’re promoting gun ownership while also promoting gun safety, I’m not only mystified, I’m miffed.
  • Why can’t everyone just be upfront? We have too many guns. We need to begin to get some of them out of circulation. That may include gun buybacks, but it must include no longer selling weapons of war to civilians.
  • Gun culture is a canard and a corruption.
  • I understand that Republicans are the opposition, that they have come to accept staggering levels of death as the price they must pay to advance their political agenda on everything from Covid to guns.
  • In our gun culture, 99 percent of gun owners can be responsible and law abiding, but if even 1 percent of a society with more guns than people is not, it is enough to wreak absolute havoc. When guns are easy for good people to get, they are also easy for bad people to get.
  • We have to stop all the lies. We have to stop the lie that fewer gun restrictions make us safer.
  • And we have to stop the lie that gun safety can be accomplished by one law or a few of them rather than an evolving slate of them.
lilyrashkind

Utah bans transgender athletes in girls sports : NPR - 0 views

  • SALT LAKE CITY — Utah lawmakers voted Friday to override GOP Gov. Spencer Cox's veto of legislation banning transgender youth athletes from playing on girls teams — a move that comes amid a nationwide culture war over transgender issues. Before the veto, the ban received support from a majority of Utah lawmakers, but fell short of the two-thirds needed to override it. Its sponsors on Friday successfully flipped 10 Republicans in the House and five in the Senate who had previously voted against the proposal.
  • Salt Lake City is set to host the NBA All-Star game in February 2023. League spokesman Mike Bass has said the league is "working closely" with the Jazz on the matter.
  • I cannot support this bill. I cannot support the veto override and if it costs me my seat so be it. I will do the right thing, as I always do," said Republican Sen. Daniel Thatcher. With the override of Cox's veto, Utah becomes the 12th state to enact some sort of ban on transgender kids in school sports. The state's law takes effect July 1.
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  • Leaders in the deeply conservative Utah say they need the law to protect women's sports. As cultural shifts raise LGBTQ visibility, the lawmakers argue that, without their intervention, more transgender athletes with apparent physical advantages could eventually dominate the field and change the nature of women's sports.
  • he team is also partially owned by NBA all-star Dwyane Wade, who has a transgender daughter.
  • The looming threat of a lawsuit worries school districts and the Utah High School Athletic Association, which has said it lacks the funds to defend the policy in court. Later Friday, lawmakers are expected to change the bill so state money would cover legal fees.
  • The group Visit Salt Lake, which hosts conferences, shows and events, said the override could cost the state $50 million in lost revenue. The Utah-based DNA-testing genealogy giant Ancestry.com also urged the Legislature to find another way. The American Principles Project is confident that states with bans won't face boycotts like North Carolina did after limiting public restrooms transgender people could use. It focused on legislation in populous, economic juggernaut states like Texas and Florida that would be harder to boycott, Schilling said.
  • Friday's deliberations came after more than a year of debate and negotiation between social conservatives and LGBTQ advocates. Republican sponsor Rep. Kera Birkeland worked with Cox and civil rights activists at Equality Utah before introducing legislation that would require transgender student-athletes to go before a government-appointed commission.
  • The proposal, although framed as a compromise, failed to gain traction on either side. LGBTQ advocates took issue with Republican politicians appointing commission members and evaluation criteria that included body measurements such as hip-to-knee ratio.
  • But the ban won support from a vocal conservative base that has particular sway in Utah's state primary season. Even with primaries looming, however, some Republicans stood with Cox to reject the ban.
  • Ready for more bad infectious diseases news? There's an outbreak of bird flu making its way into U.S. poultry flocks. If the virus continues to spread, it could affect poultry prices — already higher amid widespread inflation. The price of chicken breasts this week averaged $3.63 per pound at U.S. supermarkets — up from $3.01 a week earlier and $2.42 at this time last year, the Agriculture Department says.
  • The latest data from the USDA show 59 confirmed sites of avian flu across commercial and backyard flocks in 17 states since the start of the year. That figure includes chickens, turkey and other poultry. The USDA identified a case of avian flu in a wild bird in mid-January, the first detection of the virus in wild birds in the U.S. since 2016. Wild birds can spread the virus to commercial and backyard flocks. By Feb. 9, the virus had been identified in a commercial flock in Indiana.
  • The last major avian flu outbreak in the U.S. was from December 2014 to June 2015, when more than 50 million chickens and turkeys either died from highly pathogenic avian influenza (HPAI) or were destroyed to stop its spread.
  • Whether the 2022 avian flu will affect the price of eggs and poultry depends on how widespread it becomes, says Ron Kean, a poultry science expert at the University of Wisconsin-Madison Department of Animal and Dairy Sciences. "In 2015, we did see quite an increase in egg prices," Kean told Wisconsin Public Radio. "The chicken meat wasn't severely affected at that time. We did see quite a loss in turkeys, so turkey prices went up. So, we'll see. If a lot of farms contract this, then we could see some real increases in price."
  • For producers who suspect their flock may be affected by avian flu, the USDA has a guide to the warning signs, including a sudden increase in bird deaths, lack of energy and appetite, and a decrease in egg production. If a flock is found to be infected by bird flu, the USDA moves quickly — within 24 hours — to assist producers to destroy the flock and prevent the virus from spreading.
  • A new Virginia state law prohibiting mask mandates in public schools does not apply to 12 students with disabilities whose parents challenged the law, a federal judge has ruled. Last month, the parents of 12 students across Virginia asked the court to halt enforcement of the law, saying it violated their rights under the federal American with Disabilities Act. The law, signed by newly elected Republican Gov. Glenn Youngkin, went into effect March 1; it gives parents a say over whether their children should wear masks in school.
  • The group of parents have children whose health conditions range from cystic fibrosis to asthma that put them at heightened risk for COVID-19.
  • The American Civil Liberties Union, which was one of several legal organizations that filed on behalf of the plaintiffs, said the injunction served as a "blueprint."
  • In a statement, Virginia Attorney General Jason Miyares said the ruling affirms that "parents have the right to make choices for their children."
  • When Judge Katanji Brown Jackson entered the Senate chamber this week to face questions on her readiness to join the Supreme Court, she did so as the first Black woman in the nation's history to be nominated to that position. For many Black law students and professionals, including a group of 150 who traveled from across the country to watch the historic hearing, Jackson's rise to likely associate justice gives a message of profound hope for what they too might one day be able to accomplish.
  • Dudley was one of 100 law students selected nationwide to attend a series of events and watch parties for Jackson's nomination, hosted by the progressive organization, Demand Justice. The group also included 50 public defenders — a nod to Jackson's own background in that field. "I see a lot of myself in her. I see a lot of my friends in her, and I wanted to be there to support," Dudley said, calling Jackson "overly qualified to sit on the Supreme Court."
  • The cohort of legal professionals cheered on Jackson as she faced questions from Republicans about her past cases, particularly those relating to child sex abuse, and on what school of thought she would bring to determining the constitutionality of high-profile cases. Republicans had vowed to oppose President Joe Biden's nominees to the court, and when news of Justice Stephen Breyer's imminent retirement broke, the GOP quickly mobilized to attack potential nominees who might replace the longtime liberal justice on the bench.
  • Particularly, some sentencing decisions in child pornography cases drew GOP fire. But Jackson's measured responses throughout the three days of questioning solidified the support of many onlookers, who reveled in what it would mean to have a Black woman sit on the bench for the first time in the court's 233-year history. "The fact of the matter is that I'm the father of three black girls, right? And to be able to tell them that finally, someone who is Black — female nonetheless — is finally on the precipice of a mountain that has never been climbed before by any other Black woman, is huge," said Edrius Stagg, a third-year law student at Southern University Law Center in Baton Rouge.
  • Sen. Joe Manchin of West Virginia — whose break from Democrats on a number of politically fraught votes had worried some as to whether he would support Biden's nominee — announced on Friday he would vote in favor of Jackson's confirmation, all but assuring her path to join the bench.
  • For some, the optics of seeing Jackson — a Black woman — defend her credentials to a group of largely white, predominantly male detractors, was a familiar scene. It has played out, students said, in workplaces the world over and across the socioeconomic spectrum.
  • Booker called the attacks on Jackson's record "dangerous" and "disingenuous," noting the complexities of cases that had been boiled down to their basest points in order to damage Jackson's image.
  • "I'm not gonna let my joy be stolen," he continued. "Because I know, you and I, we appreciate something that we get that a lot of my colleagues don't." And while Jackson's opponents peppered her with politically polarizing questions, her supporters grew even more convinced that Jackson was qualified for the job. "To see her hold her composure and just answer the questions just to the best of her capabilities was just really great to see," said Jasmine McMillion, a third-year law student at Florida Agricultural and Mechanical University College of Law.
Javier E

What America Taught the Nazis in the 1930s - The Atlantic - 0 views

  • ames Q. Whitman’s Hitler’s American Model, which examines how the Third Reich found sustenance for its race-based initiatives in American law.
  • how the United States, a country grounded in such liberal principles as individual rights and the rule of law, could have produced legal ideas and practices “that seemed intriguing and attractive to Nazis.” In exploring this apparent incongruity, his short book raises important questions about law, about political decisions that affect the scope of civic membership, and about the malleability of Enlightenment values.
  • Pushing back against scholarship that downplays the impact in Nazi Germany of the U.S. model of legal racism, Whitman marshals an array of evidence to support the likelihood “that the Nuremberg Laws themselves reflect direct American influence.”
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  • American precedents also informed other crucial Nazi texts, including the National Socialist Handbook for Law and Legislation of 1934–35, edited by the future governor-general of Poland, Hans Frank, who was later hung at Nuremberg. A pivotal essay in that volume, Herbert Kier’s recommendations for race legislation, devoted a quarter of its pages to U.S. legislation—which went beyond segregation to include rules governing American Indians, citizenship criteria for Filipinos and Puerto Ricans as well as African Americans, immigration regulations, and prohibitions against miscegenation in some 30 states. No other country, not even South Africa, possessed a comparably developed set of relevant laws
  • Especially significant were the writings of the German lawyer Heinrich Krieger, “the single most important figure in the Nazi assimilation of American race law,” who spent the 1933–34 academic year in Fayetteville as an exchange student at the University of Arkansas School of Law. Seeking to deploy historical and legal knowledge in the service of Aryan racial purity, Krieger studied a range of overseas race regimes, including contemporary South Africa, but discovered his foundation in American law. His deeply researched writings about the United States began with articles in 1934, some concerning American Indians and others pursuing an overarching assessment of U.S. race legislation—each a precursor to his landmark 1936 book, Das Rassenrecht in den Vereingten Staaten (“Race Law in the United States”).
  • Whitman’s “smoking gun” is the transcript of a June 5, 1934, conference of leading German lawyers gathered to exchange ideas about how best to operationalize a racist regime. The record reflects how the most extreme among them, who relied on Krieger’s synoptic scholarship, were especially drawn to American legal codes based on white supremacy. The main conceptual idea was Freisler’s. Race, he argued, is a political construction. In both America and Germany, the importance and meaning of race for the most part had been determined less by scientific realities or social conventions than by political decisions enshrined in law.
  • Whitman’s other goal, which is to examine the status of racial hierarchy in the United States through Nazi eyes. “What the history presented in this book demands that we confront,” he writes, “are questions not about the genesis of Nazism, but about the character of America.”
  • To read Hitler’s American Model is to be forced to engage with the stubborn fact that during the 1933–45 period of the Third Reich, roughly half of the Democratic Party’s members in Congress represented Jim Crow states, and neither major party sought to curtail the race laws so admired by German lawyers and judges.
  • Whitman invokes the work of political scientists who, in the separate-spheres spirit of Tocqueville, distinguish what they call a white-supremacist order from a liberal and egalitarian order. But his own book shows that such a division is too clear-cut.
  • Whitman’s history does not expose the liberal tradition in the United States as merely a sham, as many of the Third Reich’s legal theorists intimated when they highlighted patterns of black and American Indian subordination.
  • Rather, he implicitly challenges readers to consider when and how, under what conditions and in which domains, the ugly features of racism have come most saliently to the fore in America’s liberal democracy
  • Current debates over both sharply remind us that positive outcomes are not guaranteed. The very rules of the democratic game—elections, open media, and political representation—create persisting possibilities for racial demagoguery, fear, and exclusion.
anonymous

Georgia's election law: How the Supreme Court laid the path - CNNPolitics - 0 views

shared by anonymous on 27 Mar 21 - No Cached
  • Georgia's voter restrictions were dashed into law Thursday by Republicans shaken over recent election losses and lies about fraud from former President Donald Trump, yet the measures also developed against a backdrop of US Supreme Court decisions hollowing out federal voting rights protection.
  • In another world, before the 2013 Shelby County v. Holder decision written by Chief Justice John Roberts, Georgia would have had to obtain federal approval for new election practices to ensure they did not harm Blacks and other minority voters.
  • And at another time, before the Roberts Court enhanced state latitude in a series of rulings, legislators might have hedged before enacting policies from new voter identification requirements, to a prohibition on third-party collection of ballots to a rule against non-poll workers providing food or water to voters waiting in lines. But the conservative court has increasingly granted states leeway over how they run elections.
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  • As the justices have turned away challenges to state policies, they have expressed sympathy for local officials who face potentially intrusive federal regulation and protracted litigation. Led by Roberts, the court has also dismissed concerns about the consequences for minority voters as it has curtailed the reach of the 1965 Voting Rights Act.
  • That case from Shelby County, Alabama, centered on a provision of the 1965 act that required states with a history of discrimination to seek approval from the Department of Justice or a federal court before changing electoral policy. By a 5-4 vote, the court invalidated the provision that still covered nine states, including Georgia.
  • The justices are now considering, in a recently argued Arizona case, the strength of a separate Voting Rights Act provision that prohibits any measure that denies someone the right to vote because of race. Unlike the "pre-clearance" provision previously in dispute, this section of the law comes into play after legislation has taken effect and puts the burden on those protesting the law to initiate a lawsuit.
  • Resolution of that Arizona case, known as Brnovich v. Democratic National Committee, will have repercussions for controversy over laws like Georgia's, which were immediately challenged Thursday night by advocates who say they will disproportionately hurt Blacks.
  • Across the country, Republican legislators have proposed voting changes that would reverse the pandemic-era steps that made it easier for people to vote last November, especially by mail, and led to record numbers of votes cast.
  • Congress passed the 1965 Voting Rights Act soon after the Bloody Sunday march in Selma, Alabama. The law reflected the reality of the time that although the Fifteenth Amendment barred racial bias in voting, Blacks were still deterred from casting ballots through poll taxes, literacy tests and other rules.
  • Roberts has also made clear that he abhors remedies tied to race, saying in a 2006 voting-rights case: "It is a sordid business, this divvying us up by race." Yet in the aftermath of the polarizing 2020 election, the country and the high court may be headed for a new chapter of voting-rights cases of a deeper partisan character, intensifying concerns about the future of the Voting Rights Act, as well as First Amendment guarantees of free speech and association.
  • Georgia's law, signed by Gov. Brian Kemp on Thursday, emerges from Republican efforts nationwide, particularly in battleground states that experienced record turnout and Democratic victories last November. Among its myriad provisions, the Georgia law imposes new voter identification requirements for absentee ballots and empowers state officials to take over local election boards.
  • The three voting rights groups that sued - the New Georgia Project, the Black Voters Matter Fund and Rise Inc. -- grounded their complaint in the Voting Rights Act and in the First and Fourteenth Amendments.
  • The challengers emphasized Georgia's history of racial discrimination. "(V)oting in Georgia is highly polarized, and the shameful legacy of racial discrimination is visible today in Georgia's housing, economic, and health disparities," they wrote, adding that the new law "interacts with these vestiges of discrimination" to deny equal opportunity in the political process. Lower federal court judges have struggled over the standard for assessing the denial of voting rights, and that dilemma is at the heart of the Supreme Court's new Arizona controversy.
  • In dispute are laws require ballots cast by people at the wrong precinct to be discarded and bar most third parties -- beyond a relative or mail carrier -- from collecting absentee ballots, for example, at a nursing home.
  • During oral arguments, Roberts and fellow conservatives focused on potential voter fraud and highlighted state authority for overseeing elections. Arizona officials argued that the measures would help prevent voter coercion and other irregularities, as the challengers contended that the new requirements would especially disenfranchise Native Americans and other minorities.
  • The high court's resolution of the Arizona controversy could have a dramatic impact on the raft of new legislation and ultimately how easy it is for minorities to register and vote. Resolution is expected by the end of June.
Javier E

The Secretive Company That Might End Privacy as We Know It - The New York Times - 0 views

  • Tech companies capable of releasing such a tool have refrained from doing so; in 2011, Google’s chairman at the time said it was the one technology the company had held back because it could be used “in a very bad way.” Some large cities, including San Francisco, have barred police from using facial recognition technology.
  • without public scrutiny, more than 600 law enforcement agencies have started using Clearview in the past year
  • The computer code underlying its app, analyzed by The New York Times, includes programming language to pair it with augmented-reality glasses; users would potentially be able to identify every person they saw. The tool could identify activists at a protest or an attractive stranger on the subway, revealing not just their names but where they lived, what they did and whom they knew.
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  • it’s not just law enforcement: Clearview has also licensed the app to at least a handful of companies for security purposes.
  • “The weaponization possibilities of this are endless,” said Eric Goldman, co-director of the High Tech Law Institute at Santa Clara University. “Imagine a rogue law enforcement officer who wants to stalk potential romantic partners, or a foreign government using this to dig up secrets about people to blackmail them or throw them in jail.”
  • While the company was dodging me, it was also monitoring me. At my request, a number of police officers had run my photo through the Clearview app. They soon received phone calls from company representatives asking if they were talking to the media — a sign that Clearview has the ability and, in this case, the appetite to monitor whom law enforcement is searching for.
  • The company eventually started answering my questions, saying that its earlier silence was typical of an early-stage start-up in stealth mode. Mr. Ton-That acknowledged designing a prototype for use with augmented-reality glasses but said the company had no plans to release it.
  • In addition to Mr. Ton-That, Clearview was founded by Richard Schwartz — who was an aide to Rudolph W. Giuliani when he was mayor of New York — and backed financially by Peter Thiel, a venture capitalist behind Facebook and Palantir.
  • “I’ve come to the conclusion that because information constantly increases, there’s never going to be privacy,” Mr. Scalzo said. “Laws have to determine what’s legal, but you can’t ban technology. Sure, that might lead to a dystopian future or something, but you can’t ban it.”
  • “In 2017, Peter gave a talented young founder $200,000, which two years later converted to equity in Clearview AI,” said Jeremiah Hall, Mr. Thiel’s spokesman. “That was Peter’s only contribution; he is not involved in the company.”
  • He began in 2016 by recruiting a couple of engineers. One helped design a program that can automatically collect images of people’s faces from across the internet, such as employment sites, news sites, educational sites, and social networks including Facebook, YouTube, Twitter, Instagram and even Venmo
  • Representatives of those companies said their policies prohibit such scraping, and Twitter said it explicitly banned use of its data for facial recognition
  • Another engineer was hired to perfect a facial recognition algorithm that was derived from academic papers. The result: a system that uses what Mr. Ton-That described as a “state-of-the-art neural net” to convert all the images into mathematical formulas, or vectors, based on facial geometry — like how far apart a person’s eyes are
  • Clearview created a vast directory that clustered all the photos with similar vectors into “neighborhoods.”
  • When a user uploads a photo of a face into Clearview’s system, it converts the face into a vector and then shows all the scraped photos stored in that vector’s neighborhood — along with the links to the sites from which those images came.
  • Mr. Schwartz paid for server costs and basic expenses, but the operation was bare bones; everyone worked from home. “I was living on credit card debt,” Mr. Ton-That said. “Plus, I was a Bitcoin believer, so I had some of those.”
  • The company soon changed its name to Clearview AI and began marketing to law enforcement. That was when the company got its first round of funding from outside investors: Mr. Thiel and Kirenaga Partners
  • Mr. Schwartz and Mr. Ton-That met in 2016 at a book event at the Manhattan Institute, a conservative think tank. Mr. Schwartz, now 61, had amassed an impressive Rolodex working for Mr. Giuliani in the 1990s and serving as the editorial page editor of The New York Daily News in the early 2000s. The two soon decided to go into the facial recognition business together: Mr. Ton-That would build the app, and Mr. Schwartz would use his contacts to drum up commercial interest.
  • They immediately got a match: The man appeared in a video that someone had posted on social media, and his name was included in a caption on the video. “He did not have a driver’s license and hadn’t been arrested as an adult, so he wasn’t in government databases,”
  • The man was arrested and charged; Mr. Cohen said he probably wouldn’t have been identified without the ability to search social media for his face. The Indiana State Police became Clearview’s first paying customer, according to the company
  • “I don’t see a future where we harness the benefits of face recognition technology without the crippling abuse of the surveillance that comes with it. The only way to stop it is to ban it.”
  • The company’s most effective sales technique was offering 30-day free trials to officers, who then encouraged their acquisition departments to sign up and praised the tool to officers from other police departments at conferences and online, according to the company and documents provided by police departments in response to public-record requests. Mr. Ton-That finally had his viral hit.
  • Photos “could be covertly taken with telephoto lens and input into the software, without ‘burning’ the surveillance operation,” the detective wrote in the email, provided to The Times by two researchers,
  • Sergeant Ferrara found Clearview’s app superior, he said. Its nationwide database of images is much larger, and unlike FACES, Clearview’s algorithm doesn’t require photos of people looking straight at the camera.
  • “With Clearview, you can use photos that aren’t perfect,” Sergeant Ferrara said. “A person can be wearing a hat or glasses, or it can be a profile shot or partial view of their face.”
  • Mr. Ton-That said the tool does not always work. Most of the photos in Clearview’s database are taken at eye level. Much of the material that the police upload is from surveillance cameras mounted on ceilings or high on walls.
  • Despite that, the company said, its tool finds matches up to 75 percent of the time. But it is unclear how often the tool delivers false matches, because it has not been tested by an independent party
  • One reason that Clearview is catching on is that its service is unique. That’s because Facebook and other social media sites prohibit people from scraping users’ images — Clearview is violating the sites’ terms of service.
  • Some law enforcement officials said they didn’t realize the photos they uploaded were being sent to and stored on Clearview’s servers. Clearview tries to pre-empt concerns with an F.A.Q. document given to would-be clients that says its customer-support employees won’t look at the photos that the police upload.
  • Mr. Clement, now a partner at Kirkland & Ellis, wrote that the authorities don’t have to tell defendants that they were identified via Clearview, as long as it isn’t the sole basis for getting a warrant to arrest them.
  • Because the police upload photos of people they’re trying to identify, Clearview possesses a growing database of individuals who have attracted attention from law enforcement. The company also has the ability to manipulate the results that the police see.
  • After the company realized I was asking officers to run my photo through the app, my face was flagged by Clearview’s systems and for a while showed no matches. When asked about this, Mr. Ton-That laughed and called it a “software bug.”
  • “It’s creepy what they’re doing, but there will be many more of these companies. There is no monopoly on math,” said Al Gidari, a privacy professor at Stanford Law School. “Absent a very strong federal privacy law, we’re all screwed.”
  • But if your profile has already been scraped, it is too late. The company keeps all the images it has scraped even if they are later deleted or taken down, though Mr. Ton-That said the company was working on a tool that would let people request that images be removed if they had been taken down from the website of origin
  • Woodrow Hartzog, a professor of law and computer science at Northeastern University in Boston, sees Clearview as the latest proof that facial recognition should be banned in the United States.
  • We’ve relied on industry efforts to self-police and not embrace such a risky technology, but now those dams are breaking because there is so much money on the table,”
  • Clearview deployed current and former Republican officials to approach police forces, offering free trials and annual licenses for as little as $2,000. Mr. Schwartz tapped his political connections to help make government officials aware of the tool
  • Mr. Ton-That said he was reluctant. “There’s always going to be a community of bad people who will misuse it,” he said.
  • Even if Clearview doesn’t make its app publicly available, a copycat company might, now that the taboo is broken. Searching someone by face could become as easy as Googling a name
  • Someone walking down the street would be immediately identifiable — and his or her home address would be only a few clicks away. It would herald the end of public anonymity.
Javier E

The Inside Story of Michigan's Fake Voter Fraud Scandal - POLITICO - 0 views

  • In the end, it wasn’t a senator or a judge or a general who stood up to the leader of the free world. There was no dramatic, made-for-Hollywood collision of cosmic egos. Rather, the death knell of Trump’s presidency was sounded by a baby-faced lawyer, looking over his glasses on a grainy Zoom feed on a gloomy Monday afternoon, reading from a statement that reflected a courage and moral clarity that has gone AWOL from his party, pleading with the tens of thousands of people watching online to understand that some lines can never be uncrossed.
  • “We must not attempt to exercise power we simply don’t have,” declared Van Langevelde, a member of Michigan’s board of state canvassers, the ministerial body with sole authority to make official Joe Biden’s victory over Trump. “As John Adams once said, 'We are a government of laws, not men.' This board needs to adhere to that principle here today. This board must do its part to uphold the rule of law and comply with our legal duty to certify this election.”
  • As a Republican, his mandate for Monday’s hearing—handed down from the state party chair, the national party chair and the president himself—was straightforward. They wanted Michigan’s board of canvassers to delay certification of Biden’s victory. Never mind that Trump lost by more than 154,000 votes, or that results were already certified in all 83 counties. The plan was to drag things out, to further muddy the election waters and delegitimize the process, to force the courts to take unprecedented actions that would forever taint Michigan’s process of certifying elections.
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  • Not because it was going to help Trump win but because it was going to help Trump cope with a loss. The president was not accepting defeat. That meant no Republican with career ambitions could accept it, either.
  • At a low point in his party’s existence, with much of the GOP’s leadership class pre-writing their own political epitaphs by empowering Trump to lay waste to the country’s foundational democratic norms, an obscure lawyer from west Michigan stood on principle. It proved to be the nail in Trump’s coffin
  • Shortly after Michigan’s vote to certify, the General Services Administration finally commenced the official transition of power and Trump tweeted out a statement affirming the move “in the best interest of our Country.”
  • Still, the drama in Lansing raised deeper questions about the health of our political system and the sturdiness of American democracy
  • Why were Republicans who privately admitted Trump’s legitimate defeat publicly alleging massive fraud? Why did it fall to a little-known figure like Van Langevelde to buffer the country from an unprecedented layer of turmoil?
  • In conversations with more than two dozen Michigan insiders—elected officials, party elders, consultants, activists—it became apparent how the state’s conditions were ripe for this sort of slow-motion disaster
  • Michigan is home to Detroit, an overwhelmingly majority Black city, that has always been a favorite punching bag of white Republicans. The state had viral episodes of conflict and human error that were easily manipulated and deliberately misconstrued. It drew special attention from the highest levels of the party, and for the president, it had the potential to settle an important score with his adversary, Democratic Governor Gretchen Whitmer
  • Perhaps most important, Trump’s allies in Michigan proved to be more career-obsessed, and therefore more servile to his whims, than GOP officials in any other state he has cultivated during his presidency, willing to indulge his conspiratorial fantasies in ways other Republicans weren’t.
  • “Anybody can sue anybody for any reason. But winning is a whole different matter. And Trump didn’t have a realistic pathway here,” Brian Calley, the former GOP lieutenant governor, told me prior to the certification vote
  • “We have to see this for what it is. It’s a PR strategy to erode public confidence in a very well-run election to achieve political ends,” Secretary of State Jocelyn Benson, a Democrat, said in an interview last week. “This was not any type of valid legal strategy that had any chance at ultimately succeeding.”
  • Strangely liberated by his deficit of 154,000 votes, the president’s efforts here were aimed not at overturning the results, but rather at testing voters’ faith in the ballot box and Republicans’ loyalty to him.
  • where he can ultimately succeed—is in convincing unprecedented numbers of Americans that their votes didn’t count. Last month, Gallup reported that the public’s confidence in our elections being accurate dropped 11 points since the 2018 midterms, which included a 34-point decrease among Republicans.
  • That was before a daily deluge of dishonest allegations and out-of-context insinuations; before the conservative media’s wall-to-wall coverage of exotic conspiracy theories; before the GOP’s most influential figures winked and nodded at the president of the United States alleging the greatest fraud in U.S. history.
  • Trump failed to win Michigan. But he succeeded in convincing America that a loss, no matter how conclusive, may never again be conclusive enough.
  • The irony of Michigan’s electoral meltdown is that Election Day, in the eyes of veteran clerks and poll workers across the state, was the smoothest it had ever been
  • “You’re talking about election officials implementing new laws, running an election with a 60 percent mail vote, in the middle of a pandemic,”
  • “In terms of voters getting the ballots processed and counted in a reasonable time period, I thought they did a marvelous job. But it was a huge challenge.”
  • There’s always this rallying cry from Republicans—‘We win everywhere else, but lose Wayne County’—that creates paranoia. I still remember hearing, back on my first campaign in 2002, that Wayne County always releases its votes last so that Detroit can see how many votes Democrats need to win the state. That’s what a lot of Republicans here believe.”
  • The Republicans—House Speaker Lee Chatfield and Senate Majority Leader Mike Shirkey—were not interested. Spooked by Trump’s continued assault on mail voting, and aware that their own members in the Legislature were distrustful of the new “no-excuse-absentee” rules, Chatfield and Shirkey weren’t inclined to do the process any favors.
  • many Republicans didn’t believe the election would be terribly close to begin with
  • The common expectation was that the president would lose comfortably, by at least 4 or 5 points, a margin that would render any controversy about absentee voting meaningless.
  • Michigan Republicans were gripped by equal parts euphoria and panic. It was clear Trump was running far more competitively than they’d anticipated; he was on track to win Florida, Ohio and North Carolina, three states that tally their ballots quickly, meaning the spotlight would abruptly shift to the critical, slow-counting battlegrounds of Michigan, Wisconsin and Pennsylvania.
  • it wasn’t until midnight that the urgency of the situation crashed over Republicans. Trump had built a lead of nearly 300,000 votes on the strength of same-day ballots that were disproportionately favorable to him. Now, with the eyes of the nation—and of the president—fixed on their state, Michigan Republicans scrambled to protect that lead.
  • Whitmer and Benson warned the GOP leaders that a protracted counting process, especially in the scenario of a competitive election, would invite chaos. Other states Trump carried in 2016, such as Ohio and Florida, allowed for pre-canvassing of absentee and other mail-in ballots so that voters would know which candidate carried the state on election night. Why couldn’t Michigan do the same?
  • Thomas had been “thrilled” with the professionalism he’d witnessed during Monday’s pre-processing session and Tuesday’s vote tabulating. Now, in the early morning hours of Wednesday, things were going sideways. Groups of Republican poll challengers were clustering around individual counting tables in violation of the rules.
  • “Reading these affidavits afterward from these Republican poll challengers, I was just amazed at how misunderstood the election process was to them,” Thomas chuckled. “The things they said were going on—it’s like ‘Yeah, that’s exactly what was going on. That’s what’s supposed to happen.’
  • His cushion over Biden had been whittled down to 70,000 votes. There remained hundreds of thousands of absentee ballots to be counted in the large, Democratic strongholds of Detroit, Lansing and Flint. The math was simply not workable for the president. Just before 9:30 a.m., Biden overtook Trump in the tally of Michigan’s votes—and suddenly, a switch flipped on the right.
  • After 24 hours of letting the democratic process work, Republicans around the country—watching Trump’s second term slipping through their fingers—began crying foul and screaming conspiracy. No state cornered the hysteria market quite like Michigan.
  • “The people outside that room were doing exactly what the law says you would eject people for doing—they were disrupting the election,” Thomas said. “Everyone else in the room—the Democratic Party, the Republican Party, the ACLU, the nonpartisans—they all still had a full complement of challengers in the room. And the Republicans, by the way, had far more challengers in the room than they were entitled to.”
  • Truly egregious was Cox’s dishonesty. At the time of her tweet, several hundred of her party’s poll challengers, attorneys and representatives were already inside the TCF Center monitoring the count
  • By law, Republicans were allowed to have 134 challengers in the room, one for each tabulation table. In reality, the GOP had far more than that, according to sworn testimony from nonpartisan poll watchers inside the TCF Center. Because of the overflow, election officials ultimately decided to lock down the complex
  • In the days following Trump’s shameful address to the nation, two realities became inescapable to Michigan’s GOP elite. First, there was zero evidence to substantiate widespread voter fraud. Second, they could not afford to admit it publicly.
  • What made this behavior all the more confounding, Thomas said, is that the election was conducted more transparently than any he’d ever participated in. Each of the 134 tables had monitors placed at the end, “showing every keystroke that was made,” so that challengers could see exactly what was happening
  • But he came to realize that none of this mattered. Having dealt with Republican poll challengers for decades, Thomas said, it was clear the people who infiltrated TCF on Wednesday were not adequately trained or there for the right reasons.
  • “Unlike the people who were there Monday and Tuesday, these people Wednesday were totally unprepared. They had no idea how the system worked. They had no idea what they were there for,” Thomas said. “Many of them—not all of them, but many of them—they were on a mission. They clearly came in believing there was mass cheating going on in Detroit and they were on a mission to catch it.”
  • When Trump addressed the nation from the White House on Thursday night, insisting the election had been “stolen” from him, he returned time and again to alleged misconduct in Michigan’s biggest city. Detroit, he smirked, “I wouldn’t say has the best reputation for election integrity.” He said the city “had hours of unexplained delay” in counting ballots, and when the late batches arrived, “nobody knew where they came from.” He alleged that Republicans had been “denied access to observe any counting in Detroit” and that the windows had been covered because “they didn’t want anybody seeing the counting.”
  • All of this was a lie. Republicans here—from Ronna Romney McDaniel to Laura Cox to federal and local lawmakers—knew it was a lie. But they didn’t lift a finger in protest as the president disparaged Michigan and subverted America’s democratic norms. Why?
  • The true insanity was saved for Detroit. By early afternoon on Wednesday, hundreds and hundreds of Republicans had descended on the TCF Center, responding to an all-hands-on-deck missive that went out from the state party and was disseminated by local officials. Cox, the party chair, tweeted out a video of her comrades standing outside the locked-up downtown building. “Republican poll challengers blocked from entering the TCF Center in Detroit! This is egregious!” she wrote.
  • Tapped by the president-elect to take over the Republican National Committee—on the not-so-subtle condition that she remove “Romney” from her professional name—McDaniel morphed into an archetype of the Trump-era GOP sycophant. There was no lie too outlandish to parrot, no behavior too unbecoming to justify, no abuse of power too flagrant to enable
  • Longtime friends worried that McDaniel wasn’t merely humiliating herself publicly; she seemed to be changing in private. She was no longer coolly detached from the passions of politics. If anything, she was turning into a true MAGA believer.
  • There was some relief, then, when in recent weeks McDaniel told multiple confidants that she doubted there was any scalable voter fraud in Michigan. Nevertheless, McDaniel told friends and fellow Republicans that she needed to stay the course with Trump and his legal team. This wasn’t about indulging him, she said, but rather about demonstrating a willingness to fight—even when the fight couldn’t be won.
  • McDaniel’s thinking is actually quite linear. The RNC will vote in January on the position of chair. She is anxious to keep her job.
  • No matter how obvious the outcome—to McDaniel, to the 168 members of the RNC, maybe even to Trump himself—any indication of surrender would be unforgivable.
  • This is why McDaniel has sanctioned her employees, beginning with top spokesperson Liz Harrington, to spread countless demonstrable falsehoods in the weeks since Election Day. It’s why the RNC, on McDaniel’s watch, tweeted out a video clip of disgraced lawyer Sidney Powell claiming Trump “won in a landslide” (when he lost by more than 6 million votes nationally) and alleging a global conspiracy to rig the election against him.
  • With Trump entering the anguished twilight of his presidency, all that appears to matter for someone like McDaniel—or Cox, the state party chair, who faces an upcoming election of her own—is unconditional fidelity to the president.
  • Both Chatfield and Shirkey are talented and ambitious, self-grooming for future runs at higher office. Both could see the obvious problems of meeting with the president at such a precarious moment—and both could also see how spurning Trump could torpedo their careers in the GOP.
  • “Frankly, continuing to humor him merely excuses his role in this. The election wasn’t stolen, he blew it. Up until the final two weeks, he seemingly did everything possible to lose. Given how close it was, there is no one to blame but Trump.”
  • “But if they want a future within the party, it is required of them to demonstrate continued fealty. Principled conservatives who respect the rule of law and speak out suddenly find themselves outcasts in a party that is no longer about conservativism but Trumpism. Just ask once-conservative heroes like Jeff Flake, Justin Amash and Mark Sanford.”
  • Monica Palmer, one of the GOP canvassers, caused an uproar when she offered to certify the rest of Wayne County—precincts like Livonia—without certifying Detroit. (Livonia, which is 95 percent white, had more poll-book irregularities than Detroit, which is 80 percent Black.)
  • Tweeting out siren emojis, Jenna Ellis, the attorney for Trump’s campaign, announced: “BREAKING: This evening, the county board of canvassers in Wayne County, MI refused to certify the election results. If the state board follows suit, the Republican state legislator will select the electors. Huge win for @realDonaldTrump.”
  • the notion that legislators would under any circumstance be free to send their own partisans to the Electoral College had no basis in fact. Under Michigan statute, the only electors eligible to represent Michigan are those who will vote for the winner of the popular vote. There is no discretion for anyone—the governor, leaders of the legislature, canvassers at the county or state level—to do anything but follow the law.
  • “The unfortunate reality within the party today is that Trump retains a hold that is forcing party leaders to continue down the path of executing his fantasy of overturning the outcome—at their own expense,”
  • precautions were taken. In a savvy move, Chatfield and Shirkey prepared a letter addressing concerns over funding to deal with Covid-19 in Michigan. They also brought along their general counsels. These two maneuvers—one to soothe the outcry over Michigan lawmakers meeting with a president whose legal team was calling for them to overturn the state’s election results; the other to insulate them from improper discussions about doing exactly that—were sufficient to sidestep any major crisis.
  • Trump, perhaps sensing the nervous reticence of his guests, did not make the ask they feared. As the meeting went on, it became apparent to some people in the room that more than anything, Trump had called his Michigan allies to Washington to get an honest assessment of what had happened there. He wanted to know if there was any pathway to victory. They told him there was not.
  • “I don’t get it,” the president said, venting confusion and frustration. “All these other Republicans, all over the country, they all win their races. And I’m the only guy that loses?”
  • With all 83 counties boasting certified results, the only thing that stood between Joe Biden and his rightful claim to Michigan’s 16 electoral votes was certification from the state board of canvassers. In a rational political climate, this would not have been the subject of suspense. But the swirling innuendo and disinformation had long ago swept away any semblance of normalcy.
  • Already, one of the board’s two Republicans, Norm Shinkle, a career party fixture, had hinted he would not vote to certify the state’s result. Because the two Democrats would obviously vote in favor of certification, a manic gush of attention turned to the other Republican member, Aaron Van Langevelde.
  • By Sunday morning, speculation was rampant that Van Langevelde would resign from the board on Monday. This made perfect sense to Republicans and Democrats alike: Based on their fact-finding mission into the mysterious fourth board member, Van Langevelde was a bookish type, a rule follower, an obsessive student of world history (particularly the Roman Empire) who believes to his core in a conservative application of the law
  • He would be inclined, Lansing insiders figured, to vote in favor of certifying the results. But he would be disinclined to throw away his future in the Republican Party. A resignation from the board was his only way out.
  • Working off this expectation, a late lobbying blitz turned on Shinkle. In the 36 hours preceding Monday’s vote, he was inundated with calls and emails and text messages from high-ranking Republican luminaries around the state. Some, such as former congressman and House Intelligence Chair Mike Rogers, urged him to certify the results in accordance with Michigan law. Others, including McDaniel and Cox and other state party figures, pleaded with Shinkle to stand his ground and insist on a two-week delay.
  • The response they got was universal: He would promise to “do my best,” then he would offer a litany of unsubstantiated allegations of fraud. (Not everyone bothered contacting Shinkle: That his wife served as a plaintiff’s witness in Trump’s ill-fated lawsuit against Detroit struck many people not just as a conflict of interest, but as a clear indication he would never vote to certify.)
  • Some Republicans didn’t want to believe it. But for others, reality began to set in. They had grown so accustomed to Republicans falling in line, bending a knee to Trumpism, that the notion of someone acting on his own personal ethic had become foreign.
  • But the more they learned about Van Langevelde, the more he sounded like just that type of independent thinker. Some viewed his relative youth as an asset, believing he wouldn’t risk throwing away his future in the party. What they had failed to appreciate was that young conservatives were oftentimes the most disillusioned with the party’s drift from any intellectual or philosophical mooring.
  • Like a good attorney, Van Langevelde meticulously questioned a number of expert guest speakers to ascertain if they had dissenting views of the board’s authority under state law. Time and again, they affirmed his position. The body did not have power to audit or investigate or recount; that could be done only by distinct bodies after certification was complete. The job of the board of state canvassers was narrowly to examine the certified results from all 83 counties and then, based on the relevant vote totals, certify a winner of Michigan’s 16 electoral votes. The one time he was challenged—by Spies, the political superlawyer representing John James’ U.S. Senate campaign—Van Langevelde calmly brushed his recommendations aside, telling Spies, “I’m going to have to respectfully disagree with you on that.”
  • Within minutes of Van Langevelde’s vote for certification—and of Shinkle’s abstention, which guaranteed his colleague would bear the brunt of the party’s fury alone—the fires of retaliation raged. In GOP circles, there were immediate calls for Van Langevelde to lose his seat on the board; to lose his job in the House of Representatives; to be censured on the floor of the Legislature and exiled from the party forever. Actionable threats against him and his family began to be reported. The Michigan State Police worked with local law enforcement to arrange a security detail.
  • ll for doing his job. All for upholding the rule of law. All for following his conscience and defying the wishes of Donald Trump.
  • “It took a lot of courage for him to do what he thought was right and appropriate, given the amount of pressure he was under,” said Brian Calley, the GOP former lieutenant governor, who told me days earlier that he had never heard the name Aaron Van Langevelde. “He carried himself as well as anybody I’ve seen in that type of setting, including people with decades and decades of experience. He showed an awful lot of poise.”
  • The name Van Langevelde is already so infamous in Michigan Republican lore that those associated with him are at risk of being branded turncoats, too.
  • because of the sweeping transformation of the party—not just ideologically or stylistically, but mechanically, with MAGA loyalists now installed in state and local leadership posts across the country—the question of loyalty will continue to define the Republican identity for years to come.
  • That contours of that identity—what it means to be a Trump Republican—have gained clarity over time. The default embrace of nationalism. The indifference to ideas as a vision for governing. The disregard for institutional norms. The aversion to etiquette and the bottomless appetite for cultural conflict. Now there is another cornerstone of that identity: The subversion of our basic democratic process.
  • More than any policy enacted or court vacancy filled, Trump’s legacy will be his unprecedented assault on the legitimacy of the ballot box
  • Future iterations of the GOP will make casual insinuations of voter fraud central to the party’s brand. The next generation of Republicans will have learned how to sow doubts about election integrity in one breath and in the next breath bemoan the nation’s lack of faith in our elections, creating a self-perpetuating justification to cast suspicion on a process that by raw numbers does not appear conducive to keeping them in power.
  • “This is not some whacked-out fringe,” James said in one taping. “When half the votes in our state believe we just had the most secure election in U.S. history, and the other half believe they were cheated, we have a problem.”
  • James is right. We do have a problem. Our elections continue to be underfunded. Our election bureaus are chronically understaffed. Our election workers are badly undertrained. Our elections are prone to a significant amount of human error—and any municipal or county clerk will tell you that concerns over not catching those errors keep them up at night.
  • But errors are not fraud. And when James says he’s troubled that half of Michigan’s voters feel they were cheated, he would do well to remember that he was the one telling them they got cheated in the first place.
  • there is no denying the advent of a pattern. Republicans in Michigan and across America have spent the past three weeks promoting baseless allegations of corruption at the ballot box, the rabid responses to which they use as justification to continue to question the fundamental integrity of our elections. It’s a vicious new playbook—one designed to stroke egos and rationalize defeats, but with unintended consequences that could spell the unraveling of America’s democratic experiment.
  • “By capriciously throwing around these false claims, you can’t get to the heart of a really important issue. In fact, you lose any credibility to get to the heart of that issue,”
  • “And by the way, if you’re going to do an audit, you’d better do it statewide. This is not just a Detroit thing. There are sloppy Republican precincts all over the state.
  • There is no immediate way to make Americans appreciate this distinction, no instant cure for the flagging confidence in our elections.
  • there are obvious incremental steps to take in the name of transparency and efficiency. First among them, acknowledged Chatfield, the Michigan House speaker, is getting rid of the rules that led to the TCF Center circus in the first place.
  • one of the items where we should look at other states and see how they’ve done it well, is regarding the early processing of absentee ballots. We mishandled that this year. We should have allowed for early processing. We didn’t, and it became a spectacle.
  • For those Republicans left to pick up the pieces in the coming legislative session, there may be little incentive for bipartisan cooperation on a subject that now divides the two party bases as starkly as gun rights or tax rates. The backlash against absentee voting from Republican constituents was already fierce; in the wake of Trump’s defeat and the TCF Center conspiracies, Republicans might find it beneficial to avoid raising the issue at all.
  • There is little cause for optimism. If the majority of GOP politicians couldn’t be bothered to do the easy work of debunking crackpot conspiracy theories, how likely are they to do the hard work of hardening our democracy?
  • “A lot of our leaders in this country ought to be ashamed of themselves,” said Thomas, the nonpartisan elections guru who kept Michigan’s governing class guessing his political affiliation for the past several decades. “They have propagated this narrative of massive fraud, and it’s simply not true. They’ve leapt from some human error to massive fraud. It’s like a leap to Never Neverland. And people are believing them.
  • “The people of this country really need to wake up and start thinking for themselves and looking for facts—not conspiracy theories being peddled by people who are supposed to be responsible leaders, but facts,” Thomas said. “If they’re not going to be responsible leaders, people need to seek out the truth for themselves. If people don’t do that—if they no longer trust how we elect the president of the United States—we’re going to be in real trouble.”
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