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Javier E

After Federalist No. 10 | National Affairs - 0 views

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

James Madison's Mob-Rule Fears Have Been Realized - The Atlantic - 0 views

  • To prevent factions from distorting public policy and threatening liberty, Madison resolved to exclude the people from a direct role in government. “A pure democracy, by which I mean a society consisting of a small number of citizens, who assemble and administer the government in person, can admit of no cure for the mischiefs of faction,” Madison wrote in “Federalist No. 10.”
  • The Framers designed the American constitutional system not as a direct democracy but as a representative republic, where enlightened delegates of the people would serve the public good. They also built into the Constitution a series of cooling mechanisms intended to inhibit the formulation of passionate factions, to ensure that reasonable majorities would prevail.
  • Madison, however, thought Plato’s small-republic thesis was wrong. He believed that the ease of communication in small republics was precisely what had allowed hastily formed majorities to oppress minorities. “Extend the sphere” of a territory, Madison wrote, “and you take in a greater variety of parties and interests; you make it less probable that a majority of the whole will have a common motive to invade the rights of other citizens; or if such a common motive exists, it will be more difficult for all who feel it to discover their own strength, and to act in unison with each other.” Madison predicted that America’s vast geography and large population would prevent passionate mobs from mobilizing. Their dangerous energy would burn out before it could inflame others.
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  • Madison’s worst fears of mob rule have been realized—and the cooling mechanisms he designed to slow down the formation of impetuous majorities have broken.
  • We are living, in short, in a Madisonian nightmare. How did we get here, and how can we escape?
  • During the election of 1912, the progressive populists Theodore Roosevelt and Woodrow Wilson insisted that the president derived his authority directly from the people. Since then, the office has moved in precisely the direction the Founders had hoped to avoid: Presidents now make emotional appeals, communicate directly with voters, and pander to the mob.
  • Twitter, Facebook, and other platforms have accelerated public discourse to warp speed, creating virtual versions of the mob. Inflammatory posts based on passion travel farther and faster than arguments based on reason. Rather than encouraging deliberation, mass media undermine it by creating bubbles and echo chambers in which citizens see only those opinions they already embrace.
  • The polarization of Congress, reflecting an electorate that has not been this divided since about the time of the Civil War, has led to ideological warfare between parties that directly channels the passions of their most extreme constituents and donors—precisely the type of factionalism the Founders abhorred.
  • Whatever benefits the parties offered in the 19th and early 20th centuries, however, have long since disappeared. The moderating effects of parties were undermined by a series of populist reforms, including the direct election of senators, the popular-ballot initiative, and direct primaries in presidential elections, which became widespread in the 1970s.
  • As the historian Sean Wilentz has noted, the great movements for constitutional and social change in the 19th century—from the abolition of slavery to the Progressive movement—were the product of strong and diverse political parties.
  • The Founders’ greatest failure of imagination was in not anticipating the rise of mass political parties. The first parties played an unexpected cooling function, uniting diverse economic and regional interests through shared constitutional visions
  • More recently, geographical and political self-sorting has produced voters and representatives who are willing to support the party line at all costs. After the Republicans took both chambers of Congress in 1994, the House of Representatives, under Speaker Newt Gingrich, adjusted its rules to enforce party discipline, taking power away from committee chairs and making it easier for leadership to push bills into law with little debate or support from across the aisle.
  • The rise of what the presidential historian Arthur M. Schlesinger Jr. called the “imperial presidency” has unbalanced the equilibrium among the three branches. Modern presidents rule by executive order rather than consulting with Congress. They direct a massive administrative state, with jurisdiction over everything from environmental policy to the regulation of the airwaves.
  • The passions, hyper-partisanship, and split-second decision making that Madison feared from large, concentrated groups meeting face-to-face have proved to be even more dangerous from exponentially larger, dispersed groups that meet online.
  • some promising, if modest, fixes are on the horizon. Nathaniel Persily, a professor at Stanford Law School who leads an independent commission that will examine the impact of Facebook on democracy, notes one step the company has taken to address the problem of “clickbait,” which lures users with sensational headlines. Articles that persuade many users to click previously appeared high on Facebook’s News Feed. The company now prioritizes those articles users have actually taken the time to read.
  • “The democratic character of the internet is itself posing a threat to democracy, and there’s no clear solution to the problem,” Persily told me. “Censorship, delay, demotion of information online, deterrence, and dilution of bad content—all pose classic free-speech problems, and everyone should be concerned at every step of the government regulatory parade.”
  • At the moment, the combination of low voter turnout and ideological extremism has tended to favor very liberal or very conservative candidates in primaries. Thanks to safe districts created by geographic self-sorting and partisan gerrymandering, many of these extremists go on to win the general election. Today, all congressional Republicans fall to the right of the most conservative Democrat, and all congressional Democrats fall to the left of the most liberal Republican. In the 1960s, at times, 50 percent of the lawmakers overlapped ideologically.
  • The best way of promoting a return to Madisonian principles, however, may be one Madison himself identified: constitutional education. In recent years, calls for more civic education have become something of a national refrain. But the Framers themselves believed that the fate of the republic depended on an educated citizenry. Drawing again on his studies of ancient republics, which taught that broad education of citizens was the best security against “crafty and dangerous encroachments on the public liberty,” Madison insisted that the rich should subsidize the education of the poor.
  • The civics half of the educational equation is crucial. Recent studies have suggested that higher education can polarize citizens rather than ensuring the rule of reason: Highly educated liberals become more liberal, and highly educated conservatives more conservative
  • Today, passion has gotten the better of us. The preservation of the republic urgently requires imparting constitutional principles to a new generation and reviving Madisonian reason in an impetuous world.
Javier E

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.
katherineharron

Why Madison Cawthorn is Trump 2.0 - CNNPolitics - 0 views

  • Cawthorn, who at 25 is the youngest person ever to be elected to Congress, boasted: "I have built my staff around comms rather than legislation."
  • He is far more focused on putting together a communications team to help in building a profile -- in and out of the House -- than he is on, you know, actually doing the work that he was elected to do
  • Cawthorn has already shown his penchant for publicity.
  • ...4 more annotations...
  • the freshman Republican is now selling masks on his campaign website that have the word "Useless" written on them.
  • Cawthorn was forced to admit he had seen no evidence of election fraud, despite voting to object to Electoral College results in Arizona and Pennsylvania. He also told Brown that he now accepts the 2020 election because, uh, well, he didn't really say.
  • And on the day he was elected in November, Cawthorn took to Twitter to offer this trenchant political commentary: "Cry more, lib."
  • All of the controversy and attention is directly out of the Donald Trump playbook. "The show is 'Trump,' " he told Playboy magazine in 1990. "And it is sold-out performances everywhere."
Javier E

What Makes a True Conservative - The Atlantic - 1 views

  • The Conservative Sensibility, a thoughtful, elegant reflection on American conservatism and the Founders’ political thought.
  • By “sensibility,” Will has in mind less than an agenda but more than an attitude. A sensibility is, he argues, a way of seeing.
  • how to think through complex social problems.
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  • Will’s 1983 book, Statecraft as Soulcraft, had a significant intellectual impact on me. He questioned the Founders’ faith that moral balance and national cohesiveness will be supplied by the government’s doing little more than encouraging the free operation of “opposite and rival interests.”
  • when a political regime establishes, through laws and courts and customs and other matters, a particular political economy, it is establishing, it is choosing the kind of people that would live under that regime,”
  • The Conservative Sensibility suggests something else: that we should be attending more to the machinery of government and that government should be far less concerned about inculcating virtue in the citizenr
  • “It turns out that Madison was smarter than I am.” When he argued that America was ill-founded because insufficient attention was given to soulcraft, he explained, he hadn’t fully appreciated that the Founders were indeed arguing about statecraft as soulcraft—that a government really can inculcate virtue.
  • America was “ill-founded,” he wrote, because there was not enough attention to what he termed “the sociology of virtue.” Government needed to take a greater role in shaping the moral character of its citizens
  • He argues in The Conservative Sensibility that capitalism doesn't just make us better off; it makes us better by enforcing such virtues as thrift, industriousness, and the deferral of gratification.
  • long story short: I did not appreciate the extent to which Madisonian liberty with Hamiltonian energy is soulcraft.”
  • Will has claimed that Trump has done more lasting damage than Richard Nixon did during the Watergate scandal because, in Will’s words, “you can't un-ring the bell. You can't unsay what he has now said is acceptable discourse in the United States.
  • he hoped Trump supporters are right—but he’s pretty sure they are wrong when they say that what Trump is doing to our culture, our politics and our civic discourse is ephemeral.
  • Will argues that Trump’s agenda, to the degree it pleases conservatives, is what any Republican president would have done. “So the question is what does Trump bring that's distinctive?” Will said. “And it's all vulgarity, coarsening, semi-criminality.
  • asking about the concrete, tangible harm of Trump’s conduct.“The answer is in the terms themselves,” Will replied. “The norms, that is, what are normal and what are normative, cease to be normal. And cease to be normative.
  • “It’s amazing to me how fast, and we saw this in the 20th century in a number of ways, how fast something could go from unthinkable to thinkable to action,”
  • “And it doesn’t seem to me it’s going to be easy to just snap back as if this didn’t happen. It happened. And he got away with it. And he became president. And there will be emulators.”
  • Those who may have forgotten are now being reminded that government has a vital role in the cultivation and sustenance—or in the degradation and destruction—of political cultures. Which brings us back to Statecraft as Soulcraft.
  • “mankind is not just matter, not just a machine with an appetitive ghost in it. We are not what we eat. We are, to some extent, what we and our leaders—the emblematic figures of our polity—say we are.”
  • “What I’d like progressives to take away from the book is a reconsideration of their dilemma,
  • in 1964, when I cast my first presidential vote for Barry Goldwater, to whose memory the book is dedicated, 77 percent of the American people said they trusted the government to do the right thing all the time or almost all the time. Today it's 17 percent—and that 60-point evaporation of government prestige has accompanied a 60-fold increase in government pretensions.
  • their entire agenda depends on strong government and strong government depends on public confidence in the government.”
  • “What I'd like conservatives to take away from this book,” Will added, “is the sense of the enormous intellectual pedigree behind conservatism from Madison to Lincoln to Hayek and the rest.” Will said conservatives need to answer the question: What does conservatism want to conservative?
  • The most important of all revolutions, Edmund Burke said, is a “revolution in sentiment, manners and moral opinion.”
  • what we think Trump supporters either don’t understand or deny, is the destructive revolution in manners and mores that Donald Trump is ushering in, the enormous cultural and social blast radius of his presidency. Through his promiscuous lying and assault on demonstrable truths, his cruelty and crudity, his coarseness, bullying and dehumanization of his opponents, and his lawlessness and conspiracy-mongering—the whole corrupt, packaged deal—he has brought us into dark new realms.
  • Will, who earned his Ph.D. in politics at Princeton and later taught political philosophy
  • hen I probed Will on what has gone wrong with the American right, he mentioned the anti-intellectualism that inevitably comes with populism, which he called “the obverse of conservatism.”
  • “Populism is a direct translation of popular passions into governments through a strong executive. Someone who might say something like, ‘Only I can fix it.
  • Will argued that James Madison understood the need to “filter and refine and deflect and slow public opinion through institutions. To make it more refined, to produce what Madison called, in one of his phrases that I’m particularly fond of, ‘mitigated democracy.’
  • what would most concern the Founders about contemporary politics. “Political leaders today seem to feel that their vocation is to arouse passions,” he told me, “not to temper and deflect and moderate them.
  • Will has claimed that Trump has done more lasting damage than Richard Nixon did during the Watergate scandal because, in Will’s words, “you can’t un-ring the bell. You can’t unsay what he has now said is acceptable discourse in the United States.”
  • Will replied that he hoped Trump supporters are right—but he’s pretty sure they are wrong when they say that what Trump is doing to our culture, our politics, and our civic discourse is ephemeral.
  • Will argues that Trump’s agenda, to the degree it pleases conservatives, is what any Republican president would have done. “So the question is, What does Trump bring that’s distinctive?” Will said. “And it’s all vulgarity, coarsening, semi-criminality.”
  • Trump’s supporters on the right “misunderstand the importance of culture, the viscosity of culture, and I think they are not conservatives, because they don’t understand this,”
  • Donald Trump promised when he ran for president that he would overturn our norms, Will has said, and that’s one promise he’s kept.
  • All of us, including Will, have to deal with the fact that we are now confronted with a head of government who is systematically assaulting our ideals and virtues
  • “To revitalize politics and strengthen government, we need to talk about talk. We need a new, respectful rhetoric—respectful, that is, of the better angels of mankind’s nature.
  • And their dilemma is this: In 1964, when I cast my first presidential vote for Barry Goldwater, to whose memory the book is dedicated, 77 percent of the American people said they trusted the government to do the right thing all the time or almost all the time. Today, it’s 17 percent—and that 60-point evaporation of government prestige has accompanied a 60-fold increase in government pretensions.
  • I would think my progressive friends would be alarmed by this, because their entire agenda depends on strong government, and strong government depends on public confidence in the government.”
  • Will said conservatives need to answer the question, What does conservatism want to conserve?
  • For Will, the answer is the American founding, by which he has in mind three things: the doctrine of natural rights, understood as rights essential to the flourishing of creatures with our natures; a belief in human nature, meaning we are more than creatures who absorb whatever culture we’re situated in; and a government architecture, principally the separation of powers, that is essential to making good on what he refers to as the most crucial verb in the Declaration of Independence.
  • What conservatives like Will and me believe, and what we think Trump supporters either don’t understand or deny, is the destructive revolution in manners and mores that Donald Trump is ushering in
  • Through his promiscuous lying and assault on demonstrable truths, his cruelty and crudity, his coarseness, bullying ,and dehumanization of his opponents, and his lawlessness and conspiracy-mongering—the whole corrupt, packaged deal—he has brought us into dark new realms.
  • There was a time when Republicans and conservatives more generally insisted that culture was upstream of politics and in many respects more important than politics; that leaders needed to take great care in cultivating and validating standards of decency, honor, and integrity; and that a president who destroyed rather than defended cultural norms and high standards would do grave injury to America.
  • now Republicans are willing to sacrifice soul and culture for the sake of promised policy victories.
  • “If the great columnists got a single sentence in the history books,” I asked Will, “what would you want to say about your contribution?”
  • “It would be to convince people that politics is both fun and dignifies—that it has a great and stately jurisdiction, because and to the extent that it is a politics of ideas. Period.
  • “The American nation’s finest political career derived from Lincoln’s refusal to allow his country to be seduced into thinking of itself in an unworthy way,”
  • the civic virtues that Madison and the other Founders believed were essential for a free republic to survive “must be willed. It is folly to will an end but neglect to will the means to the end. The presuppositions of our polity must be supplied, politically.”
kaylynfreeman

North Carolina Republican Madison Cawthorn Will Soon Be The Youngest House Member | Huf... - 0 views

  • Madison Cawthorn, a 25-year-old Trump-loving conservative, is projected to win the North Carolina House seat once held by Mark Meadows, now White House chief of staff.
  • Cawthorn’s campaign issued a statement calling out Rep. Alexandria Ocasio-Cortez, the progressive firebrand from New York City who at 31 is currently the youngest member of Congress. He had previously said that Ocasio-Cortez’s rise inspired him to run.
  • Cawthorn, who became paralyzed from the waist down in a car accident in 2014, has been a controversial candidate. During the campaign, he was accused of sexual misconduct, an allegation he said was politically motivated. He acknowledging the encounter but said he was acting “just in a flirtatious way.”
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  • his campaign created an attack website that went after a local reporter for working for “non-white males, like [Sen.] Cory Booker, who aims to ruin white males running for office.” Cawthorn said that the line was a “syntax error” and that he merely meant to deride “left-wing identity politics.” 
  • “clearly racist.”
  • “It just really personally saddens me that somebody who is so clearly racist is a nominee of a major party, and I think it’s a disrespect of the entire community,” the New Jersey Democrat said. “It’s really unfortunate.”
  • He’s still an ardent supporter of Trump and has since been called a rising star in the party. He is anti-abortion and pro-border walls.
Javier E

A new theory for why Trump voters are so angry - that actually makes sense - The Washin... - 0 views

  • There’s been great thirst this election cycle for insight into the psychology of Trump voters
  • J.D. Vance’s memoir “Hillbilly Elegy” offers a narrative about broken families and social decay. “There is a lack of agency here — a feeling that you have little control over your life and a willingness to blame everyone but yourself,”
  • white voters feel the American Dream is drifting out of reach for them, and they are angry because they believe minorities and immigrants have butted in line.
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  • politics have increasingly become a matter of personal identity. Just about all of her subjects felt a deep sense of bitterness toward elites and city dwellers; just about all of them felt tread on, disrespected and cheated out of what they felt they deserved.
  • this “rural consciousness” is key to understanding which political arguments ring true to her subjects.
  • most rural Wisconsinites supported the tea party's quest to shrink government not out of any belief in the virtues of small government but because they did not trust the government to help “people like them.”
  • it is hard to conclude that the people I studied believe what they do because they have been hoodwinked. Their views are rooted in identities and values, as well as in economic perceptions; and these things are all intertwined.”
  • So it’s all three of these things — the power, the money, the respect. People are feeling like they’re not getting their fair share of any of that.
  • Cramer shows that there are nuances to political rage. To understand Trump's success, she argues, we have to understand how he tapped into people's sense of self.
  • people felt that they were not getting their fair share of decision-making power. For example, people would say: All the decisions are made in Madison and Milwaukee and nobody’s listening to us. Nobody’s paying attention, nobody’s coming out here and asking us what we think. Decisions are made in the cities, and we have to abide by them
  • people would complain that they weren’t getting their fair share of stuff, that they weren’t getting their fair share of public resources. That often came up in perceptions of taxation. People had this sense that all the sense that all the money is sucked in by Madison, but never spent on places like theirs.
  • people felt that they weren’t getting respect. They would say: The real kicker is that people in the city don’t understand us. They don’t understand what rural life is like, what’s important to us and what challenges that we’re facing. They think we’re a bunch of redneck racists.
  • Many have pointed out that American politics have become increasingly tribal; Cramer takes that idea a step further, showing how these tribal identities shape our perspectives on reality.
  • Look at all the graphs showing how economic inequality has been increasing for decades. Many of the stories that people would tell about the trajectories of their own lives map onto those graphs, which show that since the mid-'70s, something has increasingly been going wrong.
  • It’s just been harder and harder for the vast majority of people to make ends meet. So I think that’s part of this story. It’s been this slow burn.
  • So what do you think set it all off? Cramer: The Great Recession didn’t help. Though, as I describe in the book, people weren’t talking about it in the ways I expected them to. People were like, Whatever, we’ve been in a recession for decades. What’s the big deal?
  • Part of it is that the Republican Party over the years has honed its arguments to tap into this resentment. They’re saying: “You’re right, you’re not getting your fair share, and the problem is that it’s all going to the government. So let’s roll government back.”
  • truth be told, I think many people saw the election of an African American to the presidency as a threat. They were thinking: Wow something is going on in our nation and it’s really unfamiliar, and what does that mean for people like me?
  • I think in the end his presence has added to the anxieties people have about where this country is headed.
  • What I heard from my conversations is that, in these three elements of resentment — I’m not getting my fair share of power, stuff or respect — there’s race and economics intertwined in each of those ideas.
  • The other really important element here is people’s perceptions. Surveys show that it may not actually be the case that Trump supporters themselves are doing less well — but they live in places where it’s reasonable for them to conclude that people like them are struggling.
  • We know that when people think about their support for policies, a lot of the time what they’re doing is thinking about whether the recipients of these policies are deserving. Those calculations are often intertwined with notions of hard work, because in the American political culture, we tend to equate hard work with deservingness.
  • it’s not just people of color. People are like: Are you sitting behind a desk all day? Well that’s not hard work. Hard work is someone like me — I’m a logger, I get up at 4:30 and break my back. For my entire life that’s what I’m doing. I’m wearing my body out in the process of earning a living.
  • through resentment and these notions of deservingness, that’s where you can see how economic anxiety and racial anxiety are intertwined.
  • It’s not just resentment toward people of color. It’s resentment toward elites, city people.
  • it’s the perceptions that people have about their reality are the key driving force here. That’s been a really important lesson from this election.
  • As I was reading your book it really struck me that the people you talked to, they really have a strong sense of what they deserve, and what they think they ought to have. Where does that come from? Cramer: Part of where that comes from is just the overarching story that we tell ourselves in the U.S. One of the key stories in our political culture has been the American Dream — the sense that if you work hard, you will get ahead.
  • the notion that they are not getting what they deserve, it comes from them feeling like they’re struggling. They feel like they’re doing what they were told they needed to do to get ahead. And somehow it’s not enough.
  • Oftentimes in some of these smaller communities, people are in the occupations their parents were in, they’re farmers and loggers. They say, it used to be the case that my dad could do this job and retire at a relatively decent age, and make a decent wage. We had a pretty good quality of life, the community was thriving. Now I’m doing what he did, but my life is really much more difficult
  • Cramer: It’s not inevitable that people should assume that the decline in their quality of life is the fault of other population group
  • here’s where having Bernie Sanders and Donald Trump running alongside one another for a while was so interesting. I think the support for Sanders represented a different interpretation of the problem. For Sanders supporters, the problem is not that other population groups are getting more than their fair share, but that the government isn’t doing enough to intervene here and right a ship that’s headed in the wrong direction.
  • There’s just more and more of a recognition that politics for people is not — and this is going to sound awful, but — it’s not about facts and policies. It’s so much about identities, people forming ideas about the kind of person they are and the kind of people others are. Who am I for, and who am I against?
  • Policy is part of that, but policy is not the driver of these judgments. There are assessments of, is this someone like me? Is this someone who gets someone like me?
  • putting energy into trying to understanding they way they view the world and their place in it — that gets us so much further toward understanding how they’re going to vote, or which candidates are going to be appealing to them.
  • All of us, even well-educated, politically sophisticated people interpret facts through our own perspectives, our sense of what who we are, our own identities.
  • I don’t think that what you do is give people more information. Because they are going to interpret it through the perspectives they already have. People are only going to absorb facts when they’re communicated from a source that they respect, from a source who they perceive has respect for people like them.
  • People for months now have been told they’re absolutely right to be angry at the federal government, and they should absolutely not trust this woman, she’s a liar and a cheat, and heaven forbid if she becomes president of the United States. Our political leaders have to model for us what it’s like to disagree, but also to not lose basic faith in the system. Unless our national leaders do that, I don’t think we should expect people to
  • Thank God I was as naive as I was when I started. If I knew then what I know now about the level of resentment people have toward urban, professional elite women, would I walk into a gas station at 5:30 in the morning and say, “Hi! I’m Kathy from the University of Madison”?
  • And then I would go back for a second visit, a third visit, a fourth, fifth and sixth. And we liked each other. Even at the end of my first visit, they would say, “You know, you’re the first professor from Madison I’ve ever met, and you’re actually kind of normal.” And we’d laugh. We got to know each other as human beings.
  • That’s partly about listening, and that’s partly about spending time with people from a different walk of life, from a different perspective. There’s nothing like it. You can’t achieve it through online communication. You can’t achieve it through having good intentions. It’s the act of being with other people that establishes the sense we actually are all in this together.
Javier E

Editor's Note: The American Crisis - The Atlantic - 0 views

  • “The goal in America today,” Rosen said on our walk, “is to resurrect the primacy of reason over passion—what we are watching now is the struggle between logos and pathos. The central question in our democratic age is this: Is it possible to slow down the direct expression of popular passion? The answer to this question is not obvious.”
  • The leaders of Facebook and its Silicon Valley cousins argue that instantaneous, universal communication is a boon to democracy and freedom. Constitutional scholars such as Rosen argue that the rapid diffusion of all manner of information—the false and the decontextualized, especially—can just as easily expedite the formation of mobs.
  • I asked Rosen to imagine what Madison, the main proponent among the Founders of indirect democracy, would have made of Trump, of Trumpism, and of our coarse and frenzied political age. Rosen’s eloquent answer is contained in his essay, “Madison vs. the Mob,” which is an anchor article in this special issue on democracy in peril.
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  • “Twitter, Facebook, and other platforms have accelerated public discourse to warp speed, creating virtual versions of the mob. Inflammatory posts based on passion travel farther and faster than arguments based on reason,” Rosen writes. “We are living, in short, in a Madisonian nightmare.”
  • Madison, Rosen goes on to argue, would have found the populist reforms of the Progressive era, and gerrymandering, and political self-sorting all to be significant dangers as well
  • We must convince ordinary citizens … that they sometimes must accept decisions that affect them adversely, and that may well be wrong. If they are willing to do so, the rule of law has a chance. And as soon as one considers the alternatives, the need to work within the rule of law is obvious. The rule of law is the opposite of the arbitrary, which, as the dictionary specifies, includes the unreasonable, the capricious, the authoritarian, the despotic, and the tyrannical.
  • Because the stories in this issue concern the fate of democracy, by necessity they also concern technology. We find ourselves in the middle of a vast, unregulated, and insufficiently examined experiment to determine whether liberal democracy will be able to survive social media, biotechnology, and artificial intelligence
  • historian Yuval Noah Harari—who is not an optimist on this question—argues in his article, “Why Technology Favors Tyranny,” that “together, infotech and biotech will create unprecedented upheavals in human society, eroding human agency and, possibly, subverting human desires. Under such conditions, liberal democracy and free-market economics might become obsolete.”
  • the problems afflicting America are not America’s alone to bear. We asked Anne Applebaum, the Pulitzer Prize–winning author of Gulag: A History, to take us to Europe, where the arc of history is bending away from liberalism.
  • Amy Chua and Jed Rubenfeld to examine the threat to what could be called American creedal nationalism—the notion that we are bound not by blood, ethnicity, race, or religion, but by respect for a common set of beliefs as articulated in the founding documents. “Americans on both the left and the right now view their political opponents not as fellow Americans with differing views, but as enemies to be vanquished,” Chua and Rubenfeld write. “And they have come to view the Constitution not as an aspirational statement of shared principles and a bulwark against tribalism, but as a cudgel with which to attack those enemies.”
  • American polarization is partly a by-product of social atomization, and suggests how the customs and language of democracy might be reintroduced into local culture. “The American system of government functions properly only when embedded in a culture deeply committed to democracy; that culture sustains the Constitution, not the other way around,
  • Ibram X. Kendi, a professor of history and international relations at American University and the author of the National Book Award–winning Stamped From the Beginning: The Definitive History of Racist Ideas in America, argues that racism today is the equivalent of the slavery of yesteryear, which is to say, the issue that keeps America from becoming the more perfect union of our collective hope.
Javier E

Opinion | What Really Saved the Republic From Trump? - The New York Times - 0 views

  • our system of checks and balances, in which the three branches of government are empowered to control or influence the actions of the others, played a disappointingly small role in stopping Mr. Trump from assuming the unlimited powers he seemed to want.
  • What really saved the Republic from Mr. Trump was a different set of limits on the executive: an informal and unofficial set of institutional norms upheld by federal prosecutors, military officers and state elections officials.
  • You might call these values our “unwritten constitution.” Whatever you call them, they were the decisive factor.
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  • in other cases, such as his anti-Muslim travel ban, the courts have been too unwilling to look beyond form to ferret out unconstitutional motive. More generally, Mr. Trump has tended to move fast, while the courts are slow, and to operate by threat, which the courts cannot adjudicate.
  • The bigger and more important failure was Congress. Madison intended Congress to be the primary check on the president. Unfortunately, that design has a key flaw (as Madison himself realized). The flaw is vulnerability to party politics.
  • It turns out that if a majority of members of at least one body of Congress exhibits a higher loyalty to its party than to Congress, Congress will not function as a reliable check on a president of that same party. This was what happened with Mr. Trump and the Republican-controlled Senate.
  • The problem is chronic, but over the last four years it became virulent. Confronted with a president who was heedless of rules, Senate Republicans, in ways large and small, let him do what he wanted.
  • They allowed acting appointees to run the federal government. They allowed him to claim a right to attack Iran without congressional approval. The impeachment process was reduced to nothing but a party-line vote. The Senate became a rubber stamp for executive overreach.
  • Instead, the president’s worst impulses were neutralized by three pillars of the unwritten constitution
  • The first is the customary separation between the president and federal criminal prosecution (even though the Department of Justice is part of the executive branch).
  • The second is the traditional political neutrality of the military (even though the president is the commander in chief of the armed forces).
  • The third is the personal integrity of state elections officials.
  • an unwritten norm has long held that the president should not dictate law enforcement decisions in general, and criminal prosecutions in particular.
  • That is why, throughout this fall, even as Mr. Trump urged his appointees in the Justice Department to openly announce a criminal investigation into the Biden family, they did not comply. None of Mr. Trump’s appointees was willing to openly investigate Joe Biden or his family members, let alone issue an indictment or civil complaint.
  • Prosecutorial independence was not limited to refusing to indict Mr. Trump’s political adversaries; it also extended to indicting his allies. Over the past four years, six of Mr. Trump’s close associates have been convicted and seven were indicted, including his adviser Stephen Bannon, his campaign chairman Paul Manafort and his lawyer Michael Cohen. Such prosecutions would be unimaginable in a dictatorship.
  • On June 1, as protests and counterprotests occasioned by the killing of George Floyd became violent and destructive, Mr. Trump appeared in the Rose Garden of the White House and denounced what he called “acts of domestic terror.” He said he would “deploy the United States military” if necessary to “defend the life and property” of U.S. citizens.
  • The Constitution makes the president the commander in chief of the armed forces and the Insurrection Act of 1807 allows the president to use the military or National Guard to suppress civil disorder, providing a broad exception to the general rule barring domestic use of the military.
  • Mr. Trump’s plans ran afoul not of the law, but of an unwritten rule. In a few days, the active duty troops gathered around Washington were sent home. Though briefly tested, the norm had held.
  • Despite the pressure, Mr. Raffensperger and the state’s governor, Brian Kemp, held steady, along with an overwhelming majority of state elections officials around the country. They have refused to “discover” voting fraud without good evidence of it. Party loyalty — at this point — seems not to have fatally corrupted the vote-counting process.
  • Might this welcome result be credited to constitutional design? Not really. The states are an important part of the constitutional design, and the document does give them a central role to play in federal elections. But what seems to have mattered most, in terms of ensuring the integrity of the voting process, was less the constitutional structure and more the personal integrity of the state elections officials. Their professional commitment to a fair vote may have spared the Republic an existential crisis.
  • Madison famously wrote, “If men were angels, no government would be necessary.” Cynical minds have read this line to mean that we should never trust people and should rely only on structural controls on government power.
  • The last four years suggest something different: Structural checks can be overrated. The survival of our Republic depends as much, if not more, on the virtue of those in government, particularly the upholding of norms by civil servants, prosecutors and military officials.
  • as every major moral tradition teaches, no external constraint can fully substitute for the personal compulsion to do what is right.
  • Madison, too, saw the need for this trust. “There is a degree of depravity in mankind,” he wrote, but also “qualities in human nature which justify a certain portion of esteem and confidence.” A working republican government, he argued, “presupposes the existence of these qualities in a higher degree than any other form.”
  • It is called civic virtue, and at the end of the day, there is no real alternative.
Javier E

Adam Serwer: White Nationalism's Deep American Roots - The Atlantic - 0 views

  • The concept of “white genocide”—extinction under an onslaught of genetically or culturally inferior nonwhite interlopers—may indeed seem like a fringe conspiracy theory with an alien lineage, the province of neo-Nazis and their fellow travelers. In popular memory, it’s a vestige of a racist ideology that the Greatest Generation did its best to scour from the Earth.
  • History, though, tells a different story.
  • King’s recent question, posed in a New York Times interview, may be appalling: “White nationalist, white supremacist, Western civilization—how did that language become offensive?” But it is apt. “That language” has an American past in need of excavation. Without such an effort, we may fail to appreciate the tenacity of the dogma it expresses, and the difficulty of eradicating it.
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  • “Even though the Germans had been directly influenced by Madison Grant and the American eugenics movement, when we fought Germany, because Germany was racist, racism became unacceptable in America. Our enemy was racist; therefore we adopted antiracism as our creed.” Ever since, a strange kind of historical amnesia has obscured the American lineage of this white-nationalist ideology.
  • What is judged extremist today was once the consensus of a powerful cadre of the American elite, well-connected men who eagerly seized on a false doctrine of “race suicide” during the immigration scare of the early 20th century. They included wealthy patricians, intellectuals, lawmakers, even several presidents.
  • Madison Grant. He was the author of a 1916 book called The Passing of the Great Race, which spread the doctrine of race purity all over the globe.
  • Grant’s purportedly scientific argument that the exalted “Nordic” race that had founded America was in peril, and all of modern society’s accomplishments along with it, helped catalyze nativist legislators in Congress to pass comprehensive restrictionist immigration policies in the early 1920s. His book went on to become Adolf Hitler’s “bible,” as the führer wrote to tell him
  • Grant’s doctrine has since been rejuvenated and rebranded by his ideological descendants as “white genocide
  • The cross between a white man and an Indian is an Indian; the cross between a white man and a Negro is a Negro; the cross between a white man and a Hindu is a Hindu; and the cross between any of the three European races and a Jew is a Jew.
  • When Nazism reflected back that vision in grotesque form, wartime denial set in.
  • In 1853, across the Atlantic, Joseph Arthur de Gobineau, a French count, first identified the “Aryan” race as “great, noble, and fruitful in the works of man on this earth.”
  • In 1899, William Z. Ripley, an economist, concluded that Europeans consisted of “three races”: the brave, beautiful, blond “Teutons”; the stocky “Alpines”; and the swarthy “Mediterraneans.”
  • Another leading academic contributor to race science in turn-of-the-century America was a statistician named Francis Walker, who argued in The Atlantic that the new immigrants lacked the pioneer spirit of their predecessors; they were made up of “beaten men from beaten races,” whose offspring were crowding out the fine “native” stock of white people.
  • In 1901 the sociologist Edward A. Ross, who similarly described the new immigrants as “masses of fecund but beaten humanity from the hovels of far Lombardy and Galicia,” coined the term race suicide.
  • it was Grant who synthesized these separate strands of thought into one pseudo-scholarly work that changed the course of the nation’s history. In a nod to wartime politics, he referred to Ripley’s “Teutons” as “Nordics,” thereby denying America’s hated World War I rivals exclusive claim to descent from the world’s master race. He singled out Jews as a source of anxiety disproportionate to their numbers
  • The historian Nell Irvin Painter sums up the race chauvinists’ view in The History of White People (2010): “Jews manipulate the ignorant working masses—whether Alpine, Under-Man, or colored.
  • In The Passing of the Great Race, the eugenic focus on winnowing out unfit individuals made way for a more sweeping crusade to defend against contagion by inferior races. By Grant’s logic, infection meant obliteration:
  • The seed of Nazism’s ultimate objective—the preservation of a pure white race, uncontaminated by foreign blood—was in fact sown with striking success in the United States.
  • Grant, emphasizing the American experience in particular, agreed. In The Passing of the Great Race, he had argued that
  • Teddy Roosevelt, by then out of office, told Grant in 1916 that his book showed “fine fearlessness in assailing the popular and mischievous sentimentalities and attractive and corroding falsehoods which few men dare assail.”
  • President Warren Harding publicly praised one of Grant’s disciples, Lothrop Stoddard, whose book The Rising Tide of Color Against White World-Supremacy offered similar warnings about the destruction of white society by invading dusky hordes. There is “a fundamental, eternal, inescapable difference” between the races, Harding told his audience. “Racial amalgamation there cannot be.
  • Calvin Coolidge, found Grant’s thesis equally compelling. “There are racial considerations too grave to be brushed aside for any sentimental reasons. Biological laws tell us that certain divergent people will not mix or blend,” Coolidge wrote in a 1921 article in Good Housekeeping.The Nordics propagate themselves successfully. With other races, the outcome shows deterioration on both sides. Quality of mind and body suggests that observance of ethnic law is as great a necessity to a nation as immigration law.
  • On Capitol Hill debate raged, yet Republicans and Democrats were converging on the idea that America was a white man’s country, and must stay that way. The influx of foreigners diluted the nation with inferiors unfit for self-government, many politicians in both parties energetically concurred. The Supreme Court chimed in with decisions in a series of cases, beginning in 1901, that assigned the status of “nationals” rather than “citizens” to colonial newcomers.
  • A popular myth of American history is that racism is the exclusive province of the South. The truth is that much of the nativist energy in the U.S. came from old-money elites in the Northeast, and was also fueled by labor struggles in the Pacific Northwest, which had stirred a wave of bigotry that led to the Chinese Exclusion Act of 1882
  • In 1917, overriding President Woodrow Wilson’s veto, Congress passed a law that banned immigration not just from Asian but also from Middle Eastern countries and imposed a literacy test on new immigrants
  • When the Republicans took control of the House in 1919, Johnson became chair of the committee on immigration, “thanks to some shrewd lobbying by the Immigration Restriction League,” Spiro writes. Grant introduced him to a preeminent eugenicist named Harry Laughlin, whom Johnson named the committee’s “expert eugenics agent.” His appointment helped ensure that Grantian concerns about “race suicide” would be a driving force in a quest that culminated, half a decade later, in the Immigration Act of 1924.
  • Meanwhile, the Supreme Court was struggling mightily to define whiteness in a consistent fashion, an endeavor complicated by the empirical flimsiness of race science. In one case after another, the high court faced the task of essentially tailoring its definition to exclude those whom white elites considered unworthy of full citizenship.
  • In 1923, when an Indian veteran named Bhagat Singh Thind—who had fought for the U.S. in World War I—came before the justices with the claim of being Caucasian in the scientific sense of the term, and therefore entitled to the privileges of whiteness, they threw up their hands. In a unanimous ruling against Thind (who was ultimately made a citizen in 1936), Justice George Sutherland wrote:What we now hold is that the words “free white persons” are words of common speech to be interpreted in accordance with the understanding of the common man, synonymous with the word “Caucasian” only as that word is popularly understood.The justices had unwittingly acknowledged a consistent truth about racism, which is that race is whatever those in power say it is.
  • Grant felt his life’s work had come to fruition and, according to Spiro, he concluded, “We have closed the doors just in time to prevent our Nordic population being overrun by the lower races.” Senator Reed announced in a New York Times op-ed, “The racial composition of America at the present time thus is made permanent.” Three years later, in 1927, Johnson held forth in dire but confident tones in a foreword to a book about immigration restriction. “Our capacity to maintain our cherished institutions stands diluted by a stream of alien blood, with all its inherited misconceptions respecting the relationships of the governing power to the governed,” he warned. “The United States is our land … We intend to maintain it so. The day of unalloyed welcome to all peoples, the day of indiscriminate acceptance of all races, has definitely ended.”
  • t was America that taught us a nation should not open its doors equally to all nations,” Adolf Hitler told The New York Times half a decade later, just one year before his elevation to chancellor in January 1933. Elsewhere he admiringly noted that the U.S. “simply excludes the immigration of certain races. In these respects America already pays obeisance, at least in tentative first steps, to the characteristic völkisch conception of the state.”
  • Harry Laughlin, the scientific expert on Representative Johnson’s committee, told Grant that the Nazis’ rhetoric sounds “exactly as though spoken by a perfectly good American eugenist,” and wrote that “Hitler should be made honorary member of the Eugenics Research Association.”
  • What the Nazis “found exciting about the American model didn’t involve just eugenics,
  • “It also involved the systematic degradation of Jim Crow, of American deprivation of basic rights of citizenship like voting.”
  • Nazi lawyers carefully studied how the United States, despite its pretense of equal citizenship, had effectively denied that status to those who were not white. They looked at Supreme Court decisions that withheld full citizenship rights from nonwhite subjects in U.S. colonial territories. They examined cases that drew, as Thind’s had, arbitrary but hard lines around who could be considered “white.
  • Krieger, whom Whitman describes as “the single most important figure in the Nazi assimilation of American race law,” considered the Fourteenth Amendment a problem: In his view, it codified an abstract ideal of equality at odds with human experience, and with the type of country most Americans wanted to live in.
  • He blended Nordic boosterism with fearmongering, and supplied a scholarly veneer for notions many white citizens already wanted to believe
  • it has taken us fifty years to learn that speaking English, wearing good clothes and going to school and to church do not transform a Negro into a white man.
  • The authors of the Fourteenth Amendment, he believed, had failed to see a greater truth as they made good on the promise of the Declaration of Independence that all men are created equal: The white man is more equal than the others.
  • two “rival principles of national unity.” According to one, the U.S. is the champion of the poor and the dispossessed, a nation that draws its strength from its pluralism. According to the other, America’s greatness is the result of its white and Christian origins, the erosion of which spells doom for the national experiment.
  • Grantism, despite its swift wartime eclipse, did not become extinct. The Nazis, initially puzzled by U.S. hostility, underestimated the American commitment to democracy.
  • the South remained hawkish toward Nazi Germany because white supremacists in the U.S. didn’t want to live under a fascist government. What they wanted was a herrenvolk democracy, in which white people were free and full citizens but nonwhites were not.
  • The Nazis failed to appreciate the significance of that ideological tension. They saw allegiance to the American creed as a weakness. But U.S. soldiers of all backgrounds and faiths fought to defend it, and demanded that their country live up to it
  • historical amnesia, the excision of the memory of how the seed of racism in America blossomed into the Third Reich in Europe, has allowed Grantism to be resurrected with a new name
  • Grant’s philosophical framework has found new life among extremists at home and abroad, and echoes of his rhetoric can be heard from the Republican base and the conservative media figures the base trusts, as well as—once again—in the highest reaches of government.
  • The resurrection of race suicide as white genocide can be traced to the white supremacist David Lane, who claimed that “the term ‘racial integration’ is only a euphemism for genocide,” and whose infamous “fourteen words” manifesto, published in the 1990s, distills his credo: “We must secure the existence of our people and a future for white children.” Far-right intellectuals in Europe speak of “the great replacement” of Europeans by nonwhite immigrants and refugees.
  • That nations make decisions about appropriate levels of immigration is not inherently evil or fascist. Nor does the return of Grantian ideas to mainstream political discourse signal an inevitable march to Holocaust-level crimes against humanity.
  • The most benignly intentioned mainstream-media coverage of demographic change in the U.S. has a tendency to portray as justified the fear and anger of white Americans who believe their political power is threatened by immigration—as though the political views of today’s newcomers were determined by genetic inheritance rather than persuasion.
  • The danger of Grantism, and its implications for both America and the world, is very real. External forces have rarely been the gravest threat to the social order and political foundations of the United States. Rather, the source of greatest danger has been those who would choose white purity over a diverse democracy.
Javier E

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

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

James T. Kloppenberg Discusses His 'Reading Obama' - NYTimes.com - 1 views

  • he sees Mr. Obama as a kind of philosopher president, a rare breed that can be found only a handful of times in American history. “There’s John Adams, Thomas Jefferson, James Madison and John Quincy Adams, then Abraham Lincoln and in the 20th century just Woodrow Wilson,” he said.
  • To Mr. Kloppenberg the philosophy that has guided President Obama most consistently is pragmatism, a uniquely American system of thought developed at the end of the 19th century by William James, John Dewey and Charles Sanders Peirce.
  • Pragmatism maintains that people are constantly devising and updating ideas to navigate the world in which they live; it embraces open-minded experimentation and continuing debate. “It is a philosophy for skeptics, not true believers,”
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  • Mr. Obama was ultimately drawn to a cluster of ideas known as civic republicanism or deliberative democracy, Mr. Kloppenberg argues in the book, which Princeton University Press will publish on Sunday. In this view the founding fathers cared as much about continuing a discussion over how to advance the common good as they did about ensuring freedom. Taking his cue from Madison, Mr. Obama writes in his 2006 book “The Audacity of Hope” that the constitutional framework is “designed to force us into a conversation,” that it offers “a way by which we argue about our future.” This notion of a living document is directly at odds with the conception of Justice Antonin Scalia of the Supreme Court, who has spoken of “the good, old dead Constitution.”
Javier E

The GOP's Laboratories of Oligarchy | The New Republic - 0 views

  • In the classic comic strip Calvin and Hobbes, the titular characters occasionally play a game known as “Calvinball.” The rules are simple: Hobbes makes them up as he goes. In one strip, the imaginary stuffed tiger declares mid-game that Calvin has entered an “invisible sector” and must cover his eyes “because everything is invisible to you.” The six-year-old boy obeys and asks Hobbes how he gets out. “Someone bonks you with the Calvinball!” Hobbes exclaims, chucking the volleyball at Calvin. And so it goes until Calvin, in the final panel, is dizzy and disoriented. “This game,” he notes, “lends itself to certain abuses.”
  • Now, one month later, GOP lawmakers in multiple states are using lame-duck sessions to hamstring incoming Democratic elected officials, either by reducing their official powers or transferring them to Republican-led legislatures.
  • Over the past decade, Republican lawmakers in North Carolina mastered the strategy of constitutional hardball to preserve their political muscle even as their electoral advantage shrank. The metastasis of this model today may be an even greater threat to the nation’s political health than Trump himself.
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  • Top Republicans in Wisconsin aren’t disguising the partisan aims of their legislation, which drew protesters to the state’s capitol building on Monday. “Most of these items are things that either we never really had to kind of address because, guess what? We trusted Scott Walker and the administration to be able to manage the back-and-forth with the legislature,” Scott Fitzgerald, the Wisconsin Senate’s majority leader, said in an interview with a conservative talk-radio host. “We don’t trust Tony Evers right now in a lot of these areas.”
  • This approach to governance was devastating enough in North Carolina. Its spread to other states is a grim sign for purple and red states. If Republicans are unwilling to be governed by another political party, one need not be a political scientist to understand how harmful that will be to democracy itself.
  • Gerrymandering is as old as the republic itself, and neither party’s hands are clean when it comes to drawing legislative districts for partisan advantage. What distinguished the post-2010 wave of Republican gerrymandering was its sheer aggressiveness. In Wisconsin, the GOP commands near-supermajorities in the state assembly and state senate despite drawing roughly even with Democrats in the statewide popular vote. North Carolina Democrats won nearly half of the statewide popular vote in congressional races but captured only three of the state’s House seats.
  • Democracy, both as a system of government and as a way of life, needs more than just legislation and constitutions to function. It also requires a shared understanding of the bounds of acceptable political action. Without that shared understanding, the laboratories of democracy, as Justice Louis Brandeis once put it, become breeding grounds for oligarchical rule
  • “The only permanent rule in Calvinball,” Calvin exclaims in one strip, “is that you can’t play it the same way twice!” That may work with an imaginary friend, but it’s a dangerous way to run a country
Javier E

AOC Isn't Interested in American Exceptionalism - The Atlantic - 0 views

  • American exceptionalism does not merely connote cultural and political uniqueness. It connotes moral superiority
  • Embedded in exceptionalist discourse is the belief that, because America has a special devotion to democracy and freedom, its sins are mostly incidental. The greatest evils humankind has witnessed, in places such as the Nazi death camps, are far removed from anything Americans would ever do
  • America’s adversaries commit crimes; America merely stumbles on its way to doing the right thing. This distinction means that, in mainstream political discourse, the ugliest terms—fascism, dictatorship, tyranny, terrorism, imperialism, genocide—are generally reserved for phenomena beyond America’s shores.
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  • when the anti-war and other protest movements of the 1960s faded, so did their challenge to exceptionalist language. By the 1980s, Democrats were playing catch-up to Ronald Reagan’s flag-waving patriotism
  • During the Barack Obama years, questioning American exceptionalism was considered a career-imperiling transgression. When Republicans questioned his commitment to the creed, Obama in 2014 replied, “I believe in American exceptionalism with every fiber of my being.”
  • a resurgent left fueled by an influx of Millennial voters has launched a new challenge to exceptionalist discourse
  • Partly, it’s because a higher percentage of Millennials are people of color, who generally look more skeptically on America’s claims of moral innocence
  • Partly, it’s because the financial crisis has cast doubt on whether America’s economic model is preferable to those practiced in other nations. Younger Americans—a majority of whom embrace “socialism”—believe it’s not
  • Most of all, the challenge to exceptionalism is a response to Trump.
  • . A 2017 Pew Research Center survey found that Americans over the age of 65 were 37 points more likely to say the “U.S. stands above all other countries in the world” than that “there are other countries that are better than the U.S.”
  • Americans under 30 split in the opposite direction. By a margin of 16 points, they said some other countries were better.
  • While conservatives affirm America’s superiority by a margin of almost 10 to one, liberals reject it by more than two to one.
  • A few years ago, commentators rarely evoked the specter of American “authoritarianism.” Now it’s commonplace
  • With his embrace of foreign authoritarians and his cultivation of conservatism’s xenophobic and racist fringes, Trump has become a galvanizing figure for the left, which for the first time since the 1960s has begun regularly evoking the specter of American “fascism.
  • Fascism didn’t seem like an American problem. That’s no longer the case. Leftist street activists now embrace the term antifa, and the movement has grown dramatically under Trump.
  • they’re also reinterpreting the American past. New scholarship has, for instance, muddied the distinction between German Nazism and early-20th-century American white supremacy.
  • Adam Serwer excavated the work of World War I–era racial theorists such as Madison Grant to show that the “seed of Nazism’s ultimate objective—the preservation of a pure white race, uncontaminated by foreign blood—was in fact sown with striking success in the United States.”
  • This willingness to equate American white supremacy with the barbarism that occurs in other countries has also shaped the way the left describes terrorism.
  • Now it’s become common, not only among leftist commentators but among Democratic politicians, to apply the term to violence committed by native-born white Americans.
  • When remembering the detention of Japanese Americans during World War II, Americans have generally employed the term internment camps—largely, the historian Roger Daniels has argued, to create a clear separation between America’s misdeeds and those of its hated foes.
  • They are challenging not only the physical and legal barriers that Trump is erecting against immigrants entering the United States, but also the conceptual barriers that American exceptionalism erects against seeing the United States as a nation capable of evil
Javier E

Grooming Young Conservatives in the Trump Era - The Atlantic - 0 views

  • At Princeton, however, conservative-leaning students and professors are mostly insulated from the day-to-day tumult. They’re more interested in a bigger question: What should conservatism—and America—look like moving forward?
  • Elite conservative circles at these universities tend to focus on great books and big ideas, on statesmanship and lofty principles. Nothing could be further from the culture of American politics at the national level today, driven as it is by tribalism and thirst for the blood of political enemies.
  • Even something so basic as collegiality can seem quaint these days. Although American politics have always been ugly and divisive, elite manners and sensibilities at least superficially governed how political life was conducted. The art of persuasion was at the very least afforded lip service. Not so much anymore.
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  • the leaders of this microcosm are doubling down on one of the oldest theories of politics: that ideas have the power to shape the direction of the country.
  • At least at Princeton, students and their mentors are betting that romantic ideals such as collegiality and intellectual rigor have not totally lost their relevance in the Trump era
  • The campus is largely apolitical or vaguely liberal, students told me, but George has carved out a mini-kingdom for right-leaning academics and students, who have gone on to hold all sorts of influential positions.
  • The students and professors who move in Princeton’s conservative worlds have a diverse range of political views: They are pro-Trump and anti-Trump, stalwart supporters of the Republican Party and politically homeless wanderers with conservative leanings. I talked with students who like some of what Trump is doing, but for the most part, they were hesitant to go full MAGA.
  • they seem to share a vision of how politics should be done, prizing respectful debate, principled arguments, and guidance from thinkers such as John Locke and Alexis de Tocqueville. It’s an ethos focused, above all, on civility and erudition.
  • issues such as impeachment have gone all but unmentioned among his friends and peers. “We are just debating the way we see the world and how it should be,” Rajasekar said. Conversations about politics at restaurants and bars are always cordial and respectful, he added. “We place a high premium on that kind of collegiality.”
  • students at Princeton who lean to the right have helped build a robust suite of conservative groups, most prominently the James Madison Program in American Ideals and Institutions, an expansive academic center overseen by the prominent scholar Robert P. George.
  • “We have a motto for students in the Madison Program—it’s on some of the swag we hand out,” he said. “It’s ‘Think deeply, think critically, and think for yourself.’
  • George, a long-respected figure in the conservative political world, has been a vocal critic of Trump since before the 2016 election. As a result, unlike in prior Republican administrations, he has largely remained on the sidelines of polic
  • he’s committed to his vision of what the conservative movement, and American politics, can look like. “I have a kind of faith in the power of clear, coherent, deep thinking to produce good citizens and good people,” he said.
  • Idealism is dead at Princeton,” Christian Schmidt, a senior who has been involved in nearly every conservative organization on campus, told me over apple cider at a local coffee shop. “The primary emotion, I think, on Princeton’s campus is apathy. Or apathy fused with resignation
  • Other students said they don’t see a clear place for themselves in conservative politics, no matter how engaged they might be in the world of conservative ideas.
  • Most of the people I spoke with described feeling welcome to share their ideas on Princeton’s campus—a number of students and faculty specifically mentioned that the school’s president, Christopher Eisgruber, has made a point of creating space for diverse viewpoints
  • At least at Princeton, there seems to be hope. “We have gotten over these moments, these eruptions of no confidence,” said Allen Guelzo, a historian of Abraham Lincoln and the Civil War, during the conversation with George and other professors. “And I think we will get over this as well.”
  • In this cloistered bastion, the work of grooming conservative elites will continue. “If I were the last man on Earth to believe this stuff,” George said, “I would still believe I’ve got the best product to sell.”
katherineharron

2021 US Congress: Breaking down the historic numbers - CNNPolitics - 0 views

  • The 117th Congress, being sworn in Sunday, is historically diverse, with record-setting numbers of women, Black and Latino members and members who identify as LGBTQ.
  • There will be two vacancies in the House: New York's 22nd District will not have representation as legal challenges in the race continue, and Louisiana's 5th District will not have representation due to the death of Republican Rep.-elect Luke Letlow. I
  • Republican Sen. Kelly Loeffler is also running in Georgia's dual runoff elections Tuesday. Perdue's term finished at the end of the 116th Congress, so he is not included in the new Congress' numbers. Loeffler's term will continue unless she is defeated Tuesday, so she is counted.
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  • three Democratic members are expected to leave office to take on roles in the new Biden administration: Rep. Cedric Richmond of Louisiana (2nd Congressional District) to be White House senior adviser and director of the Office of Public Engagement; Rep. Deb Haaland of New Mexico (1st Congressional District) to be Secretary of the Interior; and Rep. Marcia Fudge of Ohio (11th Congressional District) to be Secretary of Housing and Urban Development.
  • Democrats: 222Republicans: 211
  • There will be 60 freshmen in the 117th Congress. Seventeen of those seats flipped during the 2020 general election, with Republicans picking up 14 seats and Democrats picking up 3.
  • Eleven of the Republicans who picked up seats defeated Democrats who flipped seats in the wave year of 2018, while one GOP pickup came from the defeat of long-time Democratic Rep. Collin Peterson of Minnesota, one came in an open seat (Iowa's 2nd) and one was in a Libertarian-held seat (Michigan's 3rd District).
  • Total 2020 flipped House districts: 17
  • Total Women: 118
  • Republican Madison Cawthorn of North Carolina, born August 1, 1995, will be the youngest member of this Congress at age 25. He takes that title from Rep. Alexandria Ocasio-Cortez of New York who, at 31, is now the chamber's second youngest member.
  • The 117th Congress will see a record number of women in the House, and a record number of Republican women.
  • Republicans: 51 (including Sen. Kelly Loeffler)Democrats: 48 (including two independents who caucus with the Democrats)
  • There will be 7 new senators at the start of 117th Congress, including Democratic Sen. Mark Kelly of Arizona, who was sworn in in December.
  • Total women: 26 (will decrease to 25 when Padilla replaces Harris)
  • Total states with two female senators: 5 (will decrease to 4 when Padilla replaces Harris)
  • Republican Sen. Josh Hawley of Missouri, born on December 31, 1979, remains the Senate's youngest member at 41.
  • Total Black members in the House and Senate: 61
  • The 117th Congress will have the largest number of Black members in the history of the House and in the history of Congress. The 58 representatives are a new record for the House, while the record-high three in the Senate remains the same, at least until Harris resigns to become vice president.
  • Total Latino members in the House and Senate: 44
  • Fourteen newly elected veterans will be joining the House this year, according to the University of San Francisco and the Veterans Campaign. That's down from the 18 veterans who were first elected in 2018, but up slightly from the three cycles before that.
lmunch

Opinion | The Electoral College Will Destroy America - The New York Times - 0 views

  • In a recent panel discussion among four veteran Republican campaign managers, one acknowledged, “We’re going to lose the popular vote.” Another responded, “Oh, that’s a given.” The real question is will Mr. Biden win enough more votes than President Trump to overcome this year’s bias in the Electoral College.
  • If Mr. Biden’s margin drops to 1.5 million — about the populations of Rhode Island and Wyoming combined — forget about it. The chance of a Biden presidency in that scenario is less than one in 10.
  • It happened in 2016 to Hillary Clinton, who won nearly three million more votes than Donald Trump — a margin of more than two percentage points — but lost because of fewer than 80,000 votes in three states.
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  • The main problem with the Electoral College today is not, as both its supporters and detractors believe, the disproportionate power it gives smaller states. Those states do get a boost from their two Senate-based electoral votes, but that benefit pales in comparison to the real culprit: statewide winner-take-all laws.
  • As Madison wrote in an 1823 letter, states using the winner-take-all rule “are a string of beads” and fail to reflect the true political diversity of their citizens. He disliked the practice so much he called for a constitutional amendment barring it.
  • And so does Donald Trump. “The electoral college is a disaster for a democracy,” he tweeted on election night 2012. Why? Because he believed Mitt Romney would win the popular vote and lose the Electoral College. Not only has he never taken that tweet down, but he continues to claim that he won the popular vote in 2016. Why does he care so much about making that case unless he believed in his heart, like the rest of us do, that the person who gets the most votes should win?
Javier E

Opinion | Republicans are arguing against the Framers' original intent - The Washington... - 0 views

  • This nation’s empirical and inquisitive Founders considered information conducive to improvement, which is one reason the Constitution mandates a decennial census.
  • And why James Madison soon proposed expanding the census beyond mere enumeration to recording other data. Today, the census provides an ocean of information indispensable to understanding this complex society. And it determines the disbursement of $1.5 trillion annually from the federal government.
  • The 14th Amendment, which stipulates the enumeration of “the whole number of persons,” elsewhere uses the term “citizens.” So, by “persons” the amendment’s authors denoted a broader category. The Supreme Court has held that in this amendment “persons” refers to the “total population,” including immigrants, “whatever” their “status under the immigration laws.”
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  • The court has repeatedly held that the “person[s]” the Fifth Amendment’s Due Process Clause protects (“No person” shall be “deprived of life, liberty, or property, without due process of law”) includes aliens in the U.S. population. And unlike foreign diplomats or tourists, the United States is the usual residence of unauthorized immigrants.
clairemann

Wisconsin's Fox Valley Is Key to Presidential Election - The New York Times - 0 views

  • Many of Wisconsin’s swing voters live in and south of Green Bay, a region of old mill towns and farms burning with coronavirus infections and personality-driven politics.
  • The 12,000 residents of this village 24 miles south of Green Bay backed Barack Obama in 2012 and Donald Trump in 2016. But in 2018 they made a narrow split decision — a 461-vote margin for Gov. Scott Walker, a conservative Republican, and a 132-vote advantage for Senator Tammy Baldwin, a liberal Democrat.
  • Democrats tend to focus their Wisconsin campaigns on turning out voters in the liberal cities of Milwaukee and Madison, while Republicans concentrate on the conservative suburbs ringing Milwaukee.
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  • The combination of old factory towns and rural voters who have migrated to the Republican Party, college towns and small cities becoming increasingly Democratic, and Catholic voters inclined to back Democrats as long as they aren’t too strident on abortion rights has made the region that includes the state’s third-, fifth- and sixth-largest counties the ultimate presidential battleground.
  • It is also an epicenter of the coronavirus surge rampaging through Wisconsin.
  • “We have to get back to work. But at the same time, we see stories every day about how our hospitals are at capacity, and we don’t know what we’re going to do here anymore if beds continue to fill up.”
  • found an unusual number of people who have ping-ponged between parties during election years — and sometimes on the same ballot.
  • “I’m a true independent voter,” Mr. Werley, 34, said. “I really look at the person. I look at whether or not they are genuine.”Mr. Werley said there were few issues that drive his allegiance at the polls. Instead, he focuses on whether a candidate can be trusted.“I liked Rand Paul and Bernie Sanders,” he said of the arch-conservative Republican and democratic socialist. “They have been saying the same thing forever. I like sincere people that are not going to jump on the latest poll.”
  • Donald Trump Jr. addressed supporters on Tuesday in De Pere, and Pete Buttigieg, the former South Bend, Ind., mayor and Democratic presidential hopeful, last week stumped for Mr. Biden at a brewery across the street from Lambeau Field, home of the locally beloved Packers.
  • “There’s an expectation that people that run for office take their voters seriously and work hard for their vote,” he said.
  • said the story of the Fox Valley is that its cities — Appleton, Green Bay and Oshkosh — are becoming more Democratic while the rural areas have become more Republican.
  • “I’m not always a Democrat, it depends on the person,” she said. “I think a lot of people are voting for Trump because of the abortion thing. I don’t like abortion either, I’m against it too, but I don’t like Trump.”
  • “We have a manufacturing base, we have a farming base, we just have a real unique mix that can really feel what’s happening,”
  • He said his old constituents did not engage in the sort of tribal political warfare that takes place in Milwaukee, Madison and the state’s rural regions.
  • “I still have not made a final decision,” she said. “Both of them have positive and negative things.”
tsainten

Opinion | What Really Saved the Republic From Trump? - The New York Times - 0 views

  • an informal and unofficial set of institutional norms upheld by federal prosecutors, military officers and state elections officials. You might call these values our “unwritten constitution.”
  • anti-Muslim travel ban, the courts have been too unwilling to look beyond form to ferret out unconstitutional motive.
  • More generally, Mr. Trump has tended to move fast, while the courts are slow, and to operate by threat, which the courts cannot adjudicate.
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  • Madison intended Congress to be the primary check on the president. Unfortunately, that design has a key flaw (as Madison himself realized). The flaw is vulnerability to party politics. It turns out that if a majority of members of at least one body of Congress exhibits a higher loyalty to its party than to Congress, Congress will not function as a reliable check on a president of that same party. This was what happened with Mr. Trump and the Republican-controlled Senate.
  • Instead, the president’s worst impulses were neutralized by three pillars of the unwritten constitution. The first is the customary separation between the president and federal criminal prosecution
  • That is why, throughout this fall, even as Mr. Trump urged his appointees in the Justice Department to openly announce a criminal investigation into the Biden family, they did not comply. None of Mr. Trump’s appointees was willing to openly investigate Joe Biden or his family members, let alone issue an indictment or civil complaint.
  • Imagine if in response to the provocations of Mr. Trump’s lawyer Rudolph Giuliani, a U.S. attorney had charged Mr. Biden with criminal fraud. Even if Mr. Biden ultimately prevailed in court, publicly fighting such charges during an election would be a political and logistical nightmare. The unwritten constitution blocked this line of attack on the electoral process.
  • Over the past four years, six of Mr. Trump’s close associates have been convicted and seven were indicted, including his adviser Stephen Bannon, his campaign chairman Paul Manafort and his lawyer Michael Cohen. Such prosecutions would be unimaginable in a dictatorship.
  • Mr. Trump’s plan had the written law on its side. Neither the Constitution nor any congressional statute would have prevented the president from directly ordering active duty military to suppress the protests. The Constitution makes the president the commander in chief of the armed forces and the Insurrection Act of 1807 allows the president to use the military or National Guard to suppress civil disorder, providing a broad exception to the general rule barring domestic use of the military.
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