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Javier E

The Coming Software Apocalypse - The Atlantic - 0 views

  • Our standard framework for thinking about engineering failures—reflected, for instance, in regulations for medical devices—was developed shortly after World War II, before the advent of software, for electromechanical systems. The idea was that you make something reliable by making its parts reliable (say, you build your engine to withstand 40,000 takeoff-and-landing cycles) and by planning for the breakdown of those parts (you have two engines). But software doesn’t break. Intrado’s faulty threshold is not like the faulty rivet that leads to the crash of an airliner. The software did exactly what it was told to do. In fact it did it perfectly. The reason it failed is that it was told to do the wrong thing.
  • Software failures are failures of understanding, and of imagination. Intrado actually had a backup router, which, had it been switched to automatically, would have restored 911 service almost immediately. But, as described in a report to the FCC, “the situation occurred at a point in the application logic that was not designed to perform any automated corrective actions.”
  • This is the trouble with making things out of code, as opposed to something physical. “The complexity,” as Leveson puts it, “is invisible to the eye.”
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  • Code is too hard to think about. Before trying to understand the attempts themselves, then, it’s worth understanding why this might be: what it is about code that makes it so foreign to the mind, and so unlike anything that came before it.
  • Technological progress used to change the way the world looked—you could watch the roads getting paved; you could see the skylines rise. Today you can hardly tell when something is remade, because so often it is remade by code.
  • Software has enabled us to make the most intricate machines that have ever existed. And yet we have hardly noticed, because all of that complexity is packed into tiny silicon chips as millions and millions of lines of cod
  • The programmer, the renowned Dutch computer scientist Edsger Dijkstra wrote in 1988, “has to be able to think in terms of conceptual hierarchies that are much deeper than a single mind ever needed to face before.” Dijkstra meant this as a warning.
  • “The serious problems that have happened with software have to do with requirements, not coding errors.” When you’re writing code that controls a car’s throttle, for instance, what’s important is the rules about when and how and by how much to open it. But these systems have become so complicated that hardly anyone can keep them straight in their head. “There’s 100 million lines of code in cars now,” Leveson says. “You just cannot anticipate all these things.”
  • What made programming so difficult was that it required you to think like a computer.
  • The introduction of programming languages like Fortran and C, which resemble English, and tools, known as “integrated development environments,” or IDEs, that help correct simple mistakes (like Microsoft Word’s grammar checker but for code), obscured, though did little to actually change, this basic alienation—the fact that the programmer didn’t work on a problem directly, but rather spent their days writing out instructions for a machine.
  • “The problem is that software engineers don’t understand the problem they’re trying to solve, and don’t care to,” says Leveson, the MIT software-safety expert. The reason is that they’re too wrapped up in getting their code to work.
  • As programmers eagerly poured software into critical systems, they became, more and more, the linchpins of the built world—and Dijkstra thought they had perhaps overestimated themselves.
  • a nearly decade-long investigation into claims of so-called unintended acceleration in Toyota cars. Toyota blamed the incidents on poorly designed floor mats, “sticky” pedals, and driver error, but outsiders suspected that faulty software might be responsible
  • software experts spend 18 months with the Toyota code, picking up where NASA left off. Barr described what they found as “spaghetti code,” programmer lingo for software that has become a tangled mess. Code turns to spaghetti when it accretes over many years, with feature after feature piling on top of, and being woven around
  • Using the same model as the Camry involved in the accident, Barr’s team demonstrated that there were actually more than 10 million ways for the onboard computer to cause unintended acceleration. They showed that as little as a single bit flip—a one in the computer’s memory becoming a zero or vice versa—could make a car run out of control. The fail-safe code that Toyota had put in place wasn’t enough to stop it
  • . In all, Toyota recalled more than 9 million cars, and paid nearly $3 billion in settlements and fines related to unintended acceleration.
  • The problem is that programmers are having a hard time keeping up with their own creations. Since the 1980s, the way programmers work and the tools they use have changed remarkably little.
  • “Visual Studio is one of the single largest pieces of software in the world,” he said. “It’s over 55 million lines of code. And one of the things that I found out in this study is more than 98 percent of it is completely irrelevant. All this work had been put into this thing, but it missed the fundamental problems that people faced. And the biggest one that I took away from it was that basically people are playing computer inside their head.” Programmers were like chess players trying to play with a blindfold on—so much of their mental energy is spent just trying to picture where the pieces are that there’s hardly any left over to think about the game itself.
  • The fact that the two of them were thinking about the same problem in the same terms, at the same time, was not a coincidence. They had both just seen the same remarkable talk, given to a group of software-engineering students in a Montreal hotel by a computer researcher named Bret Victor. The talk, which went viral when it was posted online in February 2012, seemed to be making two bold claims. The first was that the way we make software is fundamentally broken. The second was that Victor knew how to fix it.
  • Though he runs a lab that studies the future of computing, he seems less interested in technology per se than in the minds of the people who use it. Like any good toolmaker, he has a way of looking at the world that is equal parts technical and humane. He graduated top of his class at the California Institute of Technology for electrical engineering,
  • WYSIWYG (pronounced “wizzywig”) came along. It stood for “What You See Is What You Get.”
  • “Our current conception of what a computer program is,” he said, is “derived straight from Fortran and ALGOL in the late ’50s. Those languages were designed for punch cards.”
  • in early 2012, Victor had finally landed upon the principle that seemed to thread through all of his work. (He actually called the talk “Inventing on Principle.”) The principle was this: “Creators need an immediate connection to what they’re creating.” The problem with programming was that it violated the principle. That’s why software systems were so hard to think about, and so rife with bugs: The programmer, staring at a page of text, was abstracted from whatever it was they were actually making.
  • Victor’s point was that programming itself should be like that. For him, the idea that people were doing important work, like designing adaptive cruise-control systems or trying to understand cancer, by staring at a text editor, was appalling.
  • With the right interface, it was almost as if you weren’t working with code at all; you were manipulating the game’s behavior directly.
  • When the audience first saw this in action, they literally gasped. They knew they weren’t looking at a kid’s game, but rather the future of their industry. Most software involved behavior that unfolded, in complex ways, over time, and Victor had shown that if you were imaginative enough, you could develop ways to see that behavior and change it, as if playing with it in your hands. One programmer who saw the talk wrote later: “Suddenly all of my tools feel obsolete.”
  • hen John Resig saw the “Inventing on Principle” talk, he scrapped his plans for the Khan Academy programming curriculum. He wanted the site’s programming exercises to work just like Victor’s demos. On the left-hand side you’d have the code, and on the right, the running program: a picture or game or simulation. If you changed the code, it’d instantly change the picture. “In an environment that is truly responsive,” Resig wrote about the approach, “you can completely change the model of how a student learns ... [They] can now immediately see the result and intuit how underlying systems inherently work without ever following an explicit explanation.” Khan Academy has become perhaps the largest computer-programming class in the world, with a million students, on average, actively using the program each month.
  • . In traditional programming, your task is to take complex rules and translate them into code; most of your energy is spent doing the translating, rather than thinking about the rules themselves. In the model-based approach, all you have is the rules. So that’s what you spend your time thinking about. It’s a way of focusing less on the machine and more on the problem you’re trying to get it to solve.
  • “Everyone thought I was interested in programming environments,” he said. Really he was interested in how people see and understand systems—as he puts it, in the “visual representation of dynamic behavior.” Although code had increasingly become the tool of choice for creating dynamic behavior, it remained one of the worst tools for understanding it. The point of “Inventing on Principle” was to show that you could mitigate that problem by making the connection between a system’s behavior and its code immediate.
  • In a pair of later talks, “Stop Drawing Dead Fish” and “Drawing Dynamic Visualizations,” Victor went one further. He demoed two programs he’d built—the first for animators, the second for scientists trying to visualize their data—each of which took a process that used to involve writing lots of custom code and reduced it to playing around in a WYSIWYG interface.
  • Victor suggested that the same trick could be pulled for nearly every problem where code was being written today. “I’m not sure that programming has to exist at all,” he told me. “Or at least software developers.” In his mind, a software developer’s proper role was to create tools that removed the need for software developers. Only then would people with the most urgent computational problems be able to grasp those problems directly, without the intermediate muck of code.
  • Victor implored professional software developers to stop pouring their talent into tools for building apps like Snapchat and Uber. “The inconveniences of daily life are not the significant problems,” he wrote. Instead, they should focus on scientists and engineers—as he put it to me, “these people that are doing work that actually matters, and critically matters, and using really, really bad tools.”
  • “people are not so easily transitioning to model-based software development: They perceive it as another opportunity to lose control, even more than they have already.”
  • In a model-based design tool, you’d represent this rule with a small diagram, as though drawing the logic out on a whiteboard, made of boxes that represent different states—like “door open,” “moving,” and “door closed”—and lines that define how you can get from one state to the other. The diagrams make the system’s rules obvious: Just by looking, you can see that the only way to get the elevator moving is to close the door, or that the only way to get the door open is to stop.
  • Bantegnie’s company is one of the pioneers in the industrial use of model-based design, in which you no longer write code directly. Instead, you create a kind of flowchart that describes the rules your program should follow (the “model”), and the computer generates code for you based on those rules
  • “Typically the main problem with software coding—and I’m a coder myself,” Bantegnie says, “is not the skills of the coders. The people know how to code. The problem is what to code. Because most of the requirements are kind of natural language, ambiguous, and a requirement is never extremely precise, it’s often understood differently by the guy who’s supposed to code.”
  • On this view, software becomes unruly because the media for describing what software should do—conversations, prose descriptions, drawings on a sheet of paper—are too different from the media describing what software does do, namely, code itself.
  • for this approach to succeed, much of the work has to be done well before the project even begins. Someone first has to build a tool for developing models that are natural for people—that feel just like the notes and drawings they’d make on their own—while still being unambiguous enough for a computer to understand. They have to make a program that turns these models into real code. And finally they have to prove that the generated code will always do what it’s supposed to.
  • tice brings order and accountability to large codebases. But, Shivappa says, “it’s a very labor-intensive process.” He estimates that before they used model-based design, on a two-year-long project only two to three months was spent writing code—the rest was spent working on the documentation.
  • uch of the benefit of the model-based approach comes from being able to add requirements on the fly while still ensuring that existing ones are met; with every change, the computer can verify that your program still works. You’re free to tweak your blueprint without fear of introducing new bugs. Your code is, in FAA parlance, “correct by construction.”
  • The ideas spread. The notion of liveness, of being able to see data flowing through your program instantly, made its way into flagship programming tools offered by Google and Apple. The default language for making new iPhone and Mac apps, called Swift, was developed by Apple from the ground up to support an environment, called Playgrounds, that was directly inspired by Light Table.
  • The bias against model-based design, sometimes known as model-driven engineering, or MDE, is in fact so ingrained that according to a recent paper, “Some even argue that there is a stronger need to investigate people’s perception of MDE than to research new MDE technologies.”
  • “Human intuition is poor at estimating the true probability of supposedly ‘extremely rare’ combinations of events in systems operating at a scale of millions of requests per second,” he wrote in a paper. “That human fallibility means that some of the more subtle, dangerous bugs turn out to be errors in design; the code faithfully implements the intended design, but the design fails to correctly handle a particular ‘rare’ scenario.”
  • Newcombe was convinced that the algorithms behind truly critical systems—systems storing a significant portion of the web’s data, for instance—ought to be not just good, but perfect. A single subtle bug could be catastrophic. But he knew how hard bugs were to find, especially as an algorithm grew more complex. You could do all the testing you wanted and you’d never find them all.
  • An algorithm written in TLA+ could in principle be proven correct. In practice, it allowed you to create a realistic model of your problem and test it not just thoroughly, but exhaustively. This was exactly what he’d been looking for: a language for writing perfect algorithms.
  • TLA+, which stands for “Temporal Logic of Actions,” is similar in spirit to model-based design: It’s a language for writing down the requirements—TLA+ calls them “specifications”—of computer programs. These specifications can then be completely verified by a computer. That is, before you write any code, you write a concise outline of your program’s logic, along with the constraints you need it to satisfy
  • Programmers are drawn to the nitty-gritty of coding because code is what makes programs go; spending time on anything else can seem like a distraction. And there is a patient joy, a meditative kind of satisfaction, to be had from puzzling out the micro-mechanics of code. But code, Lamport argues, was never meant to be a medium for thought. “It really does constrain your ability to think when you’re thinking in terms of a programming language,”
  • Code makes you miss the forest for the trees: It draws your attention to the working of individual pieces, rather than to the bigger picture of how your program fits together, or what it’s supposed to do—and whether it actually does what you think. This is why Lamport created TLA+. As with model-based design, TLA+ draws your focus to the high-level structure of a system, its essential logic, rather than to the code that implements it.
  • But TLA+ occupies just a small, far corner of the mainstream, if it can be said to take up any space there at all. Even to a seasoned engineer like Newcombe, the language read at first as bizarre and esoteric—a zoo of symbols.
  • this is a failure of education. Though programming was born in mathematics, it has since largely been divorced from it. Most programmers aren’t very fluent in the kind of math—logic and set theory, mostly—that you need to work with TLA+. “Very few programmers—and including very few teachers of programming—understand the very basic concepts and how they’re applied in practice. And they seem to think that all they need is code,” Lamport says. “The idea that there’s some higher level than the code in which you need to be able to think precisely, and that mathematics actually allows you to think precisely about it, is just completely foreign. Because they never learned it.”
  • “In the 15th century,” he said, “people used to build cathedrals without knowing calculus, and nowadays I don’t think you’d allow anyone to build a cathedral without knowing calculus. And I would hope that after some suitably long period of time, people won’t be allowed to write programs if they don’t understand these simple things.”
  • Programmers, as a species, are relentlessly pragmatic. Tools like TLA+ reek of the ivory tower. When programmers encounter “formal methods” (so called because they involve mathematical, “formally” precise descriptions of programs), their deep-seated instinct is to recoil.
  • Formal methods had an image problem. And the way to fix it wasn’t to implore programmers to change—it was to change yourself. Newcombe realized that to bring tools like TLA+ to the programming mainstream, you had to start speaking their language.
  • he presented TLA+ as a new kind of “pseudocode,” a stepping-stone to real code that allowed you to exhaustively test your algorithms—and that got you thinking precisely early on in the design process. “Engineers think in terms of debugging rather than ‘verification,’” he wrote, so he titled his internal talk on the subject to fellow Amazon engineers “Debugging Designs.” Rather than bemoan the fact that programmers see the world in code, Newcombe embraced it. He knew he’d lose them otherwise. “I’ve had a bunch of people say, ‘Now I get it,’” Newcombe says.
  • In the world of the self-driving car, software can’t be an afterthought. It can’t be built like today’s airline-reservation systems or 911 systems or stock-trading systems. Code will be put in charge of hundreds of millions of lives on the road and it has to work. That is no small task.
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.
Javier E

How Insurers Exploited Medicare Advantage for Billions - The New York Times - 0 views

  • The health system Kaiser Permanente called doctors in during lunch and after work and urged them to add additional illnesses to the medical records of patients they hadn’t seen in weeks. Doctors who found enough new diagnoses could earn bottles of Champagne, or a bonus in their paycheck.
  • Anthem, a large insurer now called Elevance Health, paid more to doctors who said their patients were sicker. And executives at UnitedHealth Group, the country’s largest insurer, told their workers to mine old medical records for more illnesses — and when they couldn’t find enough, sent them back to try again.
  • Each of the strategies — which were described by the Justice Department in lawsuits against the companies — led to diagnoses of serious diseases that might have never existed.
  • ...41 more annotations...
  • But the diagnoses had a lucrative side effect: They let the insurers collect more money from the federal government’s Medicare Advantage program.
  • Medicare Advantage, a private-sector alternative to traditional Medicare, was designed by Congress two decades ago to encourage health insurers to find innovative ways to provide better care at lower cost.
  • by next year, more than half of Medicare recipients will be in a private plan.
  • a New York Times review of dozens of fraud lawsuits, inspector general audits and investigations by watchdogs shows how major health insurers exploited the program to inflate their profits by billions of dollars.
  • The government pays Medicare Advantage insurers a set amount for each person who enrolls, with higher rates for sicker patients. And the insurers, among the largest and most prosperous American companies, have developed elaborate systems to make their patients appear as sick as possible, often without providing additional treatment, according to the lawsuits.
  • As a result, a program devised to help lower health care spending has instead become substantially more costly than the traditional government program it was meant to improve.
  • Eight of the 10 biggest Medicare Advantage insurers — representing more than two-thirds of the market — have submitted inflated bills, according to the federal audits. And four of the five largest players — UnitedHealth, Humana, Elevance and Kaiser — have faced federal lawsuits alleging that efforts to overdiagnose their customers crossed the line into fraud.
  • The government now spends nearly as much on Medicare Advantage’s 29 million beneficiaries as on the Army and Navy combined. It’s enough money that even a small increase in the average patient’s bill adds up: The additional diagnoses led to $12 billion in overpayments in 2020, according to an estimate from the group that advises Medicare on payment policies — enough to cover hearing and vision care for every American over 65.
  • Another estimate, from a former top government health official, suggested the overpayments in 2020 were double that, more than $25 billion.
  • The increased privatization has come as Medicare’s finances have been strained by the aging of baby boomers
  • Medicare Advantage plans can limit patients’ choice of doctors, and sometimes require jumping through more hoops before getting certain types of expensive care.
  • At conferences, companies pitched digital services to analyze insurers’ medical records and suggest additional codes. Such consultants were often paid on commission; the more money the analysis turned up, the more the companies kept.
  • they often have lower premiums or perks like dental benefits — extras that draw beneficiaries to the programs. The more the plans are overpaid by Medicare, the more generous to customers they can afford to be.
  • Many of the fraud lawsuits were initially brought by former employees under a federal whistle-blower law that allows them to get a percentage of any money repaid to the government if their suits prevail. But most have been joined by the Justice Department, a step the government takes only if it believes the fraud allegations have merit. Last year, the department’s civil division listed Medicare Advantage as one of its top areas of fraud recovery.
  • In contrast, regulators overseeing the plans at the Centers for Medicare and Medicaid Services, or C.M.S., have been less aggressive, even as the overpayments have been described in inspector general investigations, academic research, Government Accountability Office studies, MedPAC reports and numerous news articles,
  • Congress gave the agency the power to reduce the insurers’ rates in response to evidence of systematic overbilling, but C.M.S. has never chosen to do so. A regulation proposed in the Trump administration to force the plans to refund the government for more of the incorrect payments has not been finalized four years later. Several top officials have swapped jobs between the industry and the agency.
  • The popularity of Medicare Advantage plans has helped them avoid legislative reforms. The plans have become popular in urban areas, and have been increasingly embraced by Democrats as well as Republicans.
  • “You have a powerful insurance lobby, and their lobbyists have built strong support for this in Congress,”
  • Some critics say the lack of oversight has encouraged the industry to compete over who can most effectively game the system rather than who can provide the best care.
  • But for insurers that already dominate health care for workers, the program is strikingly lucrative: A study from the Kaiser Family Foundation, a research group unaffiliated with the insurer Kaiser, found the companies typically earn twice as much gross profit from their Medicare Advantage plans as from other types of insurance.
  • In theory, if the insurers could do better than traditional Medicare — by better managing patients’ care, or otherwise improving their health — their patients would cost less and the insurers would make more money.
  • But some insurers engaged in strategies — like locating their enrollment offices upstairs, or offering gym memberships — to entice only the healthiest seniors, who would require less care, to join. To deter such tactics, Congress decided to pay more for sicker patients.
  • Almost immediately, companies saw ways to exploit that system. The traditional Medicare program provided no financial incentive to doctors to document every diagnosis, so many records were incomplete
  • Under the new program, insurers began rigorously documenting all of a patient’s health conditions — say depression, or a long-ago stroke — even when they had nothing to do with the patient’s current medical care.
  • “Even when they’re playing the game legally, we are lining the pockets of very wealthy corporations that are not improving patient care,”
  • The insurers also began hiring agencies that sent doctors or nurses to patients’ homes, where they could diagnose them with more diseases.
  • Cigna hired firms to perform similar at-home assessments that generated billions in extra payments, according to a 2017 whistle-blower lawsuit, which was recently joined by the Justice Department. The firms told nurses to document new diagnoses without adjusting medications, treating patients or sending them to a specialist
  • Nurses were told to especially look for patients with a history of diabetes because it was not “curable,” even if the patient now had normal lab findings or had undergone surgery to treat the condition.
  • Adding the code for a single diagnosis could yield a substantial payoff. In a 2020 lawsuit, the government said Anthem instructed programmers to scour patient charts for “revenue-generating” codes. One patient was diagnosed with bipolar disorder, although no other doctor reported the condition, and Anthem received an additional $2,693.27, the lawsuit said. Another patient was said to have been coded for “active lung cancer,” despite no evidence of the disease in other records; Anthem was paid an additional $7,080.74. The case is continuing.
  • The most common allegation against the companies was that they did not correct potentially invalid diagnoses after becoming aware of them. At Anthem, for example, the Justice Department said “thousands” of inaccurate diagnoses were not deleted. According to the lawsuit, a finance executive calculated that eliminating the inaccurate diagnoses would reduce the company’s 2017 earnings from reviewing medical charts by $86 million, or 72 percent.
  • Some of the companies took steps to ensure the extra diagnoses didn’t lead to expensive care. In an October 2021 lawsuit, the Justice Department estimated that Kaiser earned $1 billion between 2009 and 2018 from additional diagnoses, including roughly 100,000 findings of aortic atherosclerosis, or hardening of the arteries. But the plan stopped automatically enrolling those patients in a heart attack prevention program because doctors would be forced to follow up on too many people, the lawsuit said.
  • Kaiser, which both runs a health plan and provides medical care, is often seen as a model system. But its control over providers gave it additional leverage to demand additional diagnoses from the doctors themselves, according to the lawsuit.
  • At meetings with supervisors, he was instructed to find additional conditions worth tens of millions of dollars. “It was an actual agenda item and how could we get this,” Dr. Taylor said.
  • few analysts expect major legislative or regulatory changes to the program.
  • Even before the first lawsuits were filed, regulators and government watchdogs could see the number of profitable diagnoses escalating. But Medicare has done little to tamp down overcharging.
  • Several experts, including Medicare’s advisory commission, have recommended reducing all the plans’ payments.
  • Congress has ordered several rounds of cuts and gave C.M.S. the power to make additional reductions if the plans continued to overbill. The agency has not exercised that power.
  • The agency does periodically audit insurers by looking at a few hundred of their customers’ cases. But insurers are fined for billing mistakes found only in those specific patients. A rule proposed during the Trump administration to extrapolate the fines to the rest of the plan’s customers has not been finalized.
  • Ted Doolittle, who served as a senior official for the agency’s Center for Program Integrity from 2011 to 2014, said officials at Medicare seemed uninterested in confronting the industry over these practices. “It was clear that there was some resistance coming from inside” the agency, he said. “There was foot dragging.”
  • Last year, the inspector general’s office noted that one company “stood out” for collecting 40 percent of all Medicare Advantage’s payments from chart reviews and home assessments despite serving only 22 percent of the program’s beneficiaries. It recommended Medicare pay extra attention to the company, which it did not name, but the enrollment figure matched UnitedHealth’s.
  • “Medicare Advantage overpayments are a political third rail,” said Dr. Richard Gilfillan, a former hospital and insurance executive and a former top regulator at Medicare, in an email. “The big health care plans know it’s wrong, and they know how to fix it, but they’re making too much money to stop. Their C.E.O.s should come to the table with Medicare as they did for the Affordable Care Act, end the coding frenzy, and let providers focus on better care, not more dollars for plans.”
Javier E

Opinion | It's the End of Computer Programming As We Know It. (And I Feel Fine.) - The ... - 0 views

  • “Programming will be obsolete,” Matt Welsh, a former engineer at Google and Apple, predicted recently. Welsh now runs an A.I. start-up, but his prediction, while perhaps self-serving, doesn’t sound implausible:
  • I believe the conventional idea of “writing a program” is headed for extinction, and indeed, for all but very specialized applications, most software, as we know it, will be replaced by A.I. systems that are trained rather than programmed. In situations where one needs a “simple” program … those programs will, themselves, be generated by an A.I. rather than coded by hand.
  • there’s also a way in which A.I. could mark the beginning of a new kind of programming — one that doesn’t require us to learn code but instead transforms human-language instructions into software. An A.I. “doesn’t care how you program it — it will try to understand what you mean,” Jensen Huang, the chief executive of the chip-making company Nvidia, said in a speech this week at the Computex conference in Taiwan. He added: “We have closed the digital divide. Everyone is a programmer now — you just have to say something to the computer.”
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  • Wait a second, though — wasn’t coding supposed to be one of the can’t-miss careers of the digital age?
  • computer programming grew from a nerdy hobby into a vocational near-imperative, the one skill to acquire to survive technological dislocation
  • Joe Biden to coal miners: Learn to code! Twitter trolls to laid-off journalists: Learn to code! Tim Cook to French kids: Apprendre à programmer!
  • Over time, from the development of assembly language through more human-readable languages like C and Python and Java, programming has climbed what computer scientists call increasing levels of abstraction — at each step growing more removed from the electronic guts of computing and more approachable to the people who use them.
  • A.I. might now be enabling the final layer of abstraction: The level on which you can tell a computer to do something the same way you’d tell another human.
  • GitHub, the coder’s repository owned by Microsoft, surveyed 2,000 programmers last year about how they’re using GitHub’s A.I. coding assistant, Copilot. A majority said Copilot helped them feel less frustrated and more fulfilled in their jobs; 88 percent said it improved their productivity. Researchers at Google found that among the company’s programmers, A.I. reduced “coding iteration time” by 6 percent.
Javier E

Students Recall Special Schools Run Like Jails - NYTimes.com - 0 views

  • there are no federal laws governing schools like those built on the World Wide model. A 2011 Congressional bill that would have banned physical abuse and the withholding of food at such schools died in committee after it was opposed by lawmakers reluctant to impose new federal standards on a matter often regulated by states.
  • Instead, states oversee the facilities variously as camps, boarding schools or residential treatment facilities, and state regulators often hesitate to step in because the programs exist in an ill-defined area of the law. For example, private boarding schools are not regularly inspected and are not required to be licensed or accredited, according to the federal Department of Education.
  • Daily life is highly structured, with limited free time. Students, who are required to wear uniforms, generally perform schoolwork at their own pace for about five hours a day, though many students and parents say the curriculum is far less rigorous than that of local public schools. While some of the programs have gyms, usually only those who have earned enough points for good behavior can use them. Former students say those points can be rescinded quickly after months of hard work. Violating rules often leads to being placed in isolation, or being “restrained” — held on the floor for as long as an hour by staff members, who students say twist their limbs in painful positions until they stop resisting. Other punishments at World Wide programs have included pepper spraying, handcuffing, being forced into dog cages and being made to sit or stand in uncomfortable positions for hours, according to former students and claims in lawsuits.
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  • World Wide once had behavior modification schools in at least 11 states, as well as countries including Costa Rica and Mexico. In recent years, hit by the recession and accusations of abuse, Mr. Lichfield has divested ownership of the schools, which he once likened to McDonald’s franchises. But the programs’ structure and the disciplinary philosophy he helped conceive continue to be the template at most if not all of the schools.
  • Mr. Lichfield, family members and business partners have financial interests in a layer of secondary companies through a web of limited liability companies, consulting arrangements and property ownership that Mr. Lichfield has acknowledged in depositions — while also saying he does not fully understand the links himself. These entities oversee the marketing, business and educational services for many of the schools, and have received up to one-third of the programs’ gross revenues, according to business records and court depositions.
  • According to business filings and Mr. Lichfield’s court testimony, the schools and programs that have ties to Mr. Lichfield and his associates are Horizon Academy, Cross Creek Programs and Old West Academy in Utah; Seneca Ranch in South Carolina; Midwest Academy in Iowa; Red River Academy in Louisiana; and Pillars of Hope in Costa Rica. Annual tuition ranges from about $36,000 to $60,000. Most of the schools denied an affiliation with World Wide.
  • World Wide schools in Samoa, Mexico and Costa Rica, in addition to the Czech Republic program, have closed after concerns were raised about mistreated children. World Wide says that while the school in Mexico was closed by the Mexican authorities, the other three programs were closed voluntarily. World Wide denies that any children in the Mexican program or the others were abused.
anonymous

Covid-19 Relief Bill Fulfills Biden's Promise to Expand Obamacare, for Two Years - The ... - 0 views

  • President Biden’s $1.9 trillion coronavirus relief bill will fulfill one of his central campaign promises, to fill the holes in the Affordable Care Act and make health insurance affordable for more than a million middle-class Americans who could not afford insurance under the original law.
  • The changes will last only for two years. But for some, they will be considerable: The Congressional Budget Office estimated that a 64-year-old earning $58,000 would see monthly payments decline from $1,075 under current law to $412 because the federal government would take up much of the cost.
  • “For people that are eligible but not buying insurance it’s a financial issue, and so upping the subsidies is going to make the price point come down,” said Ezekiel Emanuel, a health policy expert and professor at the University of Pennsylvania who advised Mr. Biden during his transition. The bill, he said, would “make a big dent in the number of the uninsured.”
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  • “Obviously it’s an improvement, but I think that it is inadequate given the health care crisis that we’re in,” said Representative Ro Khanna, a progressive Democrat from California who favors the single-payer, government-run system called Medicare for All that has been embraced by Senator Bernie Sanders, independent of Vermont, and the Democratic left.
  • “We’re in a national health care crisis,” Mr. Khanna said. “Fifteen million people just lost private health insurance. This would be the time for the government to say, at the very least, for those 15 million that we ought to put them on Medicare.”
  • The stimulus bill would make upper-middle-income Americans newly eligible for financial help to buy plans on the federal marketplaces, and the premiums for those plans would cost no more than 8.5 percent of an individual’s modified adjusted gross income. It would also increase subsidies for lower-income enrollees.
  • Just when Mr. Biden or Democrats would put forth such a plan remains unclear, and passage in an evenly divided Senate would be an uphill struggle. White House officials have said Mr. Biden wants to get past the coronavirus relief bill before laying out a more comprehensive domestic policy agenda.
  • The Affordable Care Act is near and dear to Mr. Biden, who memorably used an expletive to describe it as a big deal when he was vice president and President Barack Obama signed it into law in 2010. It has expanded coverage to more than 20 million Americans, cutting the uninsured rate to 10.9 percent in 2019 from 17.8 percent in 2010.
  • Mr. Biden made clear when he was running for the White House that he did not favor Medicare for All, but instead wanted to strengthen and expand the Affordable Care Act. The bill that is expected to reach his desk in time for a prime-time Oval Office address on Thursday night would do that. The changes to the health law would cover 1.3 million more Americans and cost about $34 billion, according to the Congressional Budget Office.
  • Even so, some 30 million Americans were uninsured between January and June 2020, according to the latest figures available from the National Health Interview Survey. The problem has only grown worse during the coronavirus pandemic, when thousands if not millions of Americans lost insurance because they lost their jobs.
  • Republicans have always said that their plan was to repeal and replace the health law, but after 10 years they have yet to come up with a replacement. Mr. Ayres said his firm is working on “coming up with some alternative health care message” that does not involve “simply throwing everybody into a government-run health care problem.”
  • Yet polls show that the idea of a government-run program is gaining traction with voters. In September, the Pew Research Center reported that over the previous year, there had been an increase, especially among Democrats, in the share of Americans who say health insurance should be provided by a single national program run by the government.
  • “I would argue there is more momentum for Medicare expansion given the pandemic and the experience people are having,” said Mr. Khanna, the California congressman. “They bought time, but I think at some point there will be a debate on a permanent fix.”
  • But because those provisions last only two years, the relief bill almost guarantees that health care will be front and center in the 2022 midterm elections, when Republicans will attack the measure as a wasteful expansion of a health law they have long hated. Meantime, some liberal Democrats may complain that the changes only prove that a patchwork approach to health care coverage will never work.
  • Under the changes, the signature domestic achievement of the Obama administration will reach middle-income families who have been discouraged from buying health plans on the federal marketplace because they come with high premiums and little or no help from the government.
  • “For people that are eligible but not buying insurance it’s a financial issue, and so upping the subsidies is going to make the price point come down,” said Ezekiel Emanuel, a health policy expert and professor at the University of Pennsylvania who advised Mr. Biden during his transition.
  • WASHINGTON — President Biden’s $1.9 trillion coronavirus relief bill will fulfill one of his central campaign promises, to fill the holes in the Affordable Care Act and make health insurance affordable for more than a million middle-class Americans who could not afford insurance under the original law.
  • The Affordable Care Act is near and dear to Mr. Biden, who memorably used an expletive to describe it as a big deal when he was vice president and President Barack Obama signed it into law in 2010. It has expanded coverage to more than 20 million Americans, cutting the uninsured rate to 10.9 percent in 2019 from 17.8 percent in 2010.
  • The poll found that 36 percent of Americans, and 54 percent of Democrats, favored a single national program. When asked if the government had a responsibility to provide health insurance, either through a single national program or a mix of public and private programs, 63 percent of Americans and 88 percent of Democrats said yes.
  • Just when Mr. Biden or Democrats would put forth such a plan remains unclear, and passage in an evenly divided Senate would be an uphill struggle. White House officials have said Mr. Biden wants to get past the coronavirus relief bill before laying out a more comprehensive domestic policy agenda.
  • Republicans have always said that their plan was to repeal and replace the health law, but after 10 years they have yet to come up with a replacement. Mr. Ayres said his firm is working on “coming up with some alternative health care message” that does not involve “simply throwing everybody into a government-run health care problem.”
  • In January, he ordered the Affordable Care Act’s health insurance marketplaces reopened to give people throttled by the pandemic economy a new chance to obtain coverage.
  • Yet polls show that the idea of a government-run program is gaining traction with voters. In September, the Pew Research Center reported that over the previous year, there had been an increase, especially among Democrats, in the share of Americans who say health insurance should be provided by a single national program run by the government.
  • With its expanded subsidies for health plans under the Affordable Care Act, the coronavirus relief bill makes insurance more affordable, and puts health care on the ballot in 2022.
  • cludes rich new incentives to entice the few holdout states — including Texas, Georgia and Florida — to finally expand Medicaid to those with too much money to qualify for the federal health program for the poor, but too little to afford private covera
  • “Biden promised voters a public option, and it is a promise he has to keep,” said Waleed Shahid, a spokesman for Justice Democrats, the liberal group that helped elect Representative Alexandria Ocasio-Cortez and other progressive Democrats. Of the stimulus bill, he said, “I don’t think anyone thinks this is Biden’s health care plan.”
  • “I think that argument has been fought and lost,” said Whit Ayres, a Republican pollster, conceding that the repeal efforts are over, at least for now, with Democrats in charge of the White House and both houses of Congress.
Javier E

Losing Earth: The Decade We Almost Stopped Climate Change - The New York Times - 0 views

  • As Malcolm Forbes Baldwin, the acting chairman of the president’s Council for Environmental Quality, told industry executives in 1981, “There can be no more important or conservative concern than the protection of the globe itself.”
  • Among those who called for urgent, immediate and far-reaching climate policy were Senators John Chafee, Robert Stafford and David Durenberger; the E.P.A. administrator, William K. Reilly; and, during his campaign for president, George H.W. Bush.
  • It was understood that action would have to come immediately. At the start of the 1980s, scientists within the federal government predicted that conclusive evidence of warming would appear on the global temperature record by the end of the decade, at which point it would be too late to avoid disaster.
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  • If the world had adopted the proposal widely endorsed at the end of the ’80s — a freezing of carbon emissions, with a reduction of 20 percent by 2005 — warming could have been held to less than 1.5 degrees.
  • Action had to be taken, and the United States would need to lead. It didn’t.
  • There can be no understanding of our current and future predicament without understanding why we failed to solve this problem when we had the chance.
  • The first suggestion to Rafe Pomerance that humankind was destroying the conditions necessary for its own survival came on Page 66 of the government publication EPA-600/7-78-019. It was a technical report about coal
  • ‘This Is the Whole Banana’ Spring 1979
  • here was an urgent problem that demanded their attention, MacDonald believed, because human civilization faced an existential crisis. In “How to Wreck the Environment,” a 1968 essay published while he was a science adviser to Lyndon Johnson, MacDonald predicted a near future in which “nuclear weapons were effectively banned and the weapons of mass destruction were those of environmental catastrophe.” One of the most potentially devastating such weapons, he believed, was the gas that we exhaled with every breath: carbon dioxide. By vastly increasing carbon emissions, the world’s most advanced militaries could alter weather patterns and wreak famine, drought and economic collapse.
  • the Jasons. They were like one of those teams of superheroes with complementary powers that join forces in times of galactic crisis. They had been brought together by federal agencies, including the C.I.A, to devise scientific solutions to national-security problems: how to detect an incoming missile; how to predict fallout from a nuclear bomb; how to develop unconventional weapons, like plague-infested rats.
  • Agle pointed to an article about a prominent geophysicist named Gordon MacDonald, who was conducting a study on climate change with the Jasons, the mysterious coterie of elite scientists to which he belonged
  • During the spring of 1977 and the summer of 1978, the Jasons met to determine what would happen once the concentration of carbon dioxide in the atmosphere doubled from pre-Industrial Revolution levels. It was an arbitrary milestone, the doubling, but a useful one, as its inevitability was not in question; the threshold would most likely be breached by 2035.
  • The Jasons’ report to the Department of Energy, “The Long-Term Impact of Atmospheric Carbon Dioxide on Climate,” was written in an understated tone that only enhanced its nightmarish findings: Global temperatures would increase by an average of two to three degrees Celsius; Dust Bowl conditions would “threaten large areas of North America, Asia and Africa”; access to drinking water and agricultural production would fall, triggering mass migration on an unprecedented scale. “Perhaps the most ominous feature,” however, was the effect of a changing climate on the poles. Even a minimal warming “could lead to rapid melting” of the West Antarctic ice sheet. The ice sheet contained enough water to raise the level of the oceans 16 feet.
  • MacDonald explained that he first studied the carbon-dioxide issue when he was about Pomerance’s age — in 1961, when he served as an adviser to John F. Kennedy. Pomerance pieced together that MacDonald, in his youth, had been something of a prodigy: In his 20s, he advised Dwight D. Eisenhower on space exploration; at 32, he became a member of the National Academy of Sciences; at 40, he was appointed to the inaugural Council on Environmental Quality, where he advised Richard Nixon on the environmental dangers of burning coal. He monitored the carbon-dioxide problem the whole time, with increasing alarm.
  • They were surprised to learn how few senior officials were familiar with the Jasons’ findings, let alone understood the ramifications of global warming. At last, having worked their way up the federal hierarchy, the two went to see the president’s top scientist, Frank Press.
  • Thus began the Gordon and Rafe carbon-dioxide roadshow. Beginning in the spring of 1979, Pomerance arranged informal briefings with the E.P.A., the National Security Council, The New York Times, the Council on Environmental Quality and the Energy Department, which, Pomerance learned, had established an Office of Carbon Dioxide Effects two years earlier at MacDonald’s urging
  • . Out of respect for MacDonald, Press had summoned to their meeting what seemed to be the entire senior staff of the president’s Office of Science and Technology Policy — the officials consulted on every critical matter of energy and national security. What Pomerance had expected to be yet another casual briefing assumed the character of a high-level national-security meeting.
  • MacDonald would begin his presentation by going back more than a century to John Tyndall — an Irish physicist who was an early champion of Charles Darwin’s work and died after being accidentally poisoned by his wife. In 1859, Tyndall found that carbon dioxide absorbed heat and that variations in the composition of the atmosphere could create changes in climate. These findings inspired Svante Arrhenius, a Swedish chemist and future Nobel laureate, to deduce in 1896 that the combustion of coal and petroleum could raise global temperatures. This warming would become noticeable in a few centuries, Arrhenius calculated, or sooner if consumption of fossil fuels continued to increase.
  • Four decades later, a British steam engineer named Guy Stewart Callendar discovered that, at the weather stations he observed, the previous five years were the hottest in recorded history. Humankind, he wrote in a paper, had become “able to speed up the processes of Nature.” That was in 1939.
  • MacDonald’s history concluded with Roger Revelle, perhaps the most distinguished of the priestly caste of government scientists who, since the Manhattan Project, advised every president on major policy; he had been a close colleague of MacDonald and Press since they served together under Kennedy. In a 1957 paper written with Hans Suess, Revelle concluded that “human beings are now carrying out a large-scale geophysical experiment of a kind that could not have happened in the past nor be reproduced in the future.” Revelle helped the Weather Bureau establish a continuous measurement of atmospheric carbon dioxide at a site perched near the summit of Mauna Loa on the Big Island of Hawaii, 11,500 feet above the sea — a rare pristine natural laboratory on a planet blanketed by fossil-fuel emissions.
  • After nearly a decade of observation, Revelle had shared his concerns with Lyndon Johnson, who included them in a special message to Congress two weeks after his inauguration. Johnson explained that his generation had “altered the composition of the atmosphere on a global scale” through the burning of fossil fuels, and his administration commissioned a study of the subject by his Science Advisory Committee. Revelle was its chairman, and its 1965 executive report on carbon dioxide warned of the rapid melting of Antarctica, rising seas, increased acidity of fresh waters — changes that would require no less than a coordinated global effort to forestall.Yet emissions continued to rise, and at this rate, MacDonald warned, they could see a snowless New England, the swamping of major coastal cities, as much as a 40 percent decline in national wheat production, the forced migration of about one-quarter of the world’s population. Not within centuries — within their own lifetimes.
  • On May 22, Press wrote a letter to the president of the National Academy of Sciences requesting a full assessment of the carbon-dioxide issue. Jule Charney, the father of modern meteorology, would gather the nation’s top oceanographers, atmospheric scientists and climate modelers to judge whether MacDonald’s alarm was justified — whether the world was, in fact, headed to cataclysm.
  • If Charney’s group confirmed that the world was careering toward an existential crisis, the president would be forced to act.
  • Hansen turned from the moon to Venus. Why, he tried to determine, was its surface so hot? In 1967, a Soviet satellite beamed back the answer: The planet’s atmosphere was mainly carbon dioxide. Though once it may have had habitable temperatures, it was believed to have succumbed to a runaway greenhouse effect: As the sun grew brighter, Venus’s ocean began to evaporate, thickening the atmosphere, which forced yet greater evaporation — a self-perpetuating cycle that finally boiled off the ocean entirely and heated the planet’s surface to more than 800 degrees Fahrenheit
  • At the other extreme, Mars’s thin atmosphere had insufficient carbon dioxide to trap much heat at all, leaving it about 900 degrees colder. Earth lay in the middle, its Goldilocks greenhouse effect just strong enough to support life.
  • We want to learn more about Earth’s climate, Jim told Anniek — and how humanity can influence it. He would use giant new supercomputers to map the planet’s atmosphere. They would create Mirror Worlds: parallel realities that mimicked our own. These digital simulacra, technically called “general circulation models,” combined the mathematical formulas that governed the behavior of the sea, land and sky into a single computer model. Unlike the real world, they could be sped forward to reveal the future.
  • The government officials, many of them scientists themselves, tried to suppress their awe of the legends in their presence: Henry Stommel, the world’s leading oceanographer; his protégé, Carl Wunsch, a Jason; the Manhattan Project alumnus Cecil Leith; the Harvard planetary physicist Richard Goody. These were the men who, in the last three decades, had discovered foundational principles underlying the relationships among sun, atmosphere, land and ocean — which is to say, the climate.
  • When, at Charney’s request, Hansen programmed his model to consider a future of doubled carbon dioxide, it predicted a temperature increase of four degrees Celsius. That was twice as much warming as the prediction made by the most prominent climate modeler, Syukuro Manabe, whose government lab at Princeton was the first to model the greenhouse effect. The difference between the two predictions — between warming of two degrees Celsius and four degrees Celsius — was the difference between damaged coral reefs and no reefs whatsoever, between thinning forests and forests enveloped by desert, between catastrophe and chaos.
  • The discrepancy between the models, Arakawa concluded, came down to ice and snow. The whiteness of the world’s snowfields reflected light; if snow melted in a warmer climate, less radiation would escape the atmosphere, leading to even greater warming. Shortly before dawn, Arakawa concluded that Manabe had given too little weight to the influence of melting sea ice, while Hansen had overemphasized it. The best estimate lay in between. Which meant that the Jasons’ calculation was too optimistic. When carbon dioxide doubled in 2035 or thereabouts, global temperatures would increase between 1.5 and 4.5 degrees Celsius, with the most likely outcome a warming of three degrees.
  • within the highest levels of the federal government, the scientific community and the oil-and-gas industry — within the commonwealth of people who had begun to concern themselves with the future habitability of the planet — the Charney report would come to have the authority of settled fact. It was the summation of all the predictions that had come before, and it would withstand the scrutiny of the decades that followed it. Charney’s group had considered everything known about ocean, sun, sea, air and fossil fuels and had distilled it to a single number: three. When the doubling threshold was broached, as appeared inevitable, the world would warm three degrees Celsius
  • The last time the world was three degrees warmer was during the Pliocene, three million years ago, when beech trees grew in Antarctica, the seas were 80 feet higher and horses galloped across the Canadian coast of the Arctic Ocean.
  • After the publication of the Charney report, Exxon decided to create its own dedicated carbon-dioxide research program, with an annual budget of $600,000. Only Exxon was asking a slightly different question than Jule Charney. Exxon didn’t concern itself primarily with how much the world would warm. It wanted to know how much of the warming Exxon could be blamed for.
  • “It behooves us to start a very aggressive defensive program,” Shaw wrote in a memo to a manager, “because there is a good probability that legislation affecting our business will be passed.”
  • Shaw turned to Wallace Broecker, a Columbia University oceanographer who was the second author of Roger Revelle’s 1965 carbon-dioxide report for Lyndon Johnson. In 1977, in a presentation at the American Geophysical Union, Broecker predicted that fossil fuels would have to be restricted, whether by taxation or fiat. More recently, he had testified before Congress, calling carbon dioxide “the No.1 long-term environmental problem.” If presidents and senators trusted Broecker to tell them the bad news, he was good enough for Exxon.
  • The company had been studying the carbon-dioxide problem for decades, since before it changed its name to Exxon. In 1957, scientists from Humble Oil published a study tracking “the enormous quantity of carbon dioxide” contributed to the atmosphere since the Industrial Revolution “from the combustion of fossil fuels.” Even then, the observation that burning fossil fuels had increased the concentration of carbon in the atmosphere was well understood and accepted by Humble’s scientists.
  • The American Petroleum Institute, the industry’s largest trade association, asked the same question in 1958 through its air-pollution study group and replicated the findings made by Humble Oil. So did another A.P.I. study conducted by the Stanford Research Institute a decade later, in 1968, which concluded that the burning of fossil fuels would bring “significant temperature changes” by the year 2000 and ultimately “serious worldwide environmental changes,” including the melting of the Antarctic ice cap and rising seas.
  • The ritual repeated itself every few years. Industry scientists, at the behest of their corporate bosses, reviewed the problem and found good reasons for alarm and better excuses to do nothing. Why should they act when almost nobody within the United States government — nor, for that matter, within the environmental movement — seemed worried?
  • Why take on an intractable problem that would not be detected until this generation of employees was safely retired? Worse, the solutions seemed more punitive than the problem itself. Historically, energy use had correlated to economic growth — the more fossil fuels we burned, the better our lives became. Why mess with that?
  • That June, Jimmy Carter signed the Energy Security Act of 1980, which directed the National Academy of Sciences to start a multiyear, comprehensive study, to be called “Changing Climate,” that would analyze social and economic effects of climate change. More urgent, the National Commission on Air Quality, at the request of Congress, invited two dozen experts, including Henry Shaw himself, to a meeting in Florida to propose climate policy.
  • On April 3, 1980, Senator Paul Tsongas, a Massachusetts Democrat, held the first congressional hearing on carbon-dioxide buildup in the atmosphere. Gordon MacDonald testified that the United States should “take the initiative” and develop, through the United Nations, a way to coordinate every nation’s energy policies to address the problem.
  • During the expansion of the Clean Air Act, he pushed for the creation of the National Commission on Air Quality, charged with ensuring that the goals of the act were being met. One such goal was a stable global climate. The Charney report had made clear that goal was not being met, and now the commission wanted to hear proposals for legislation. It was a profound responsibility, and the two dozen experts invited to the Pink Palace — policy gurus, deep thinkers, an industry scientist and an environmental activist — had only three days to achieve it, but the utopian setting made everything seem possible
  • We have less time than we realize, said an M.I.T. nuclear engineer named David Rose, who studied how civilizations responded to large technological crises. “People leave their problems until the 11th hour, the 59th minute,” he said. “And then: ‘Eloi, Eloi, Lama Sabachthani?’ ” — “My God, my God, why hast thou forsaken me?”
  • The attendees seemed to share a sincere interest in finding solutions. They agreed that some kind of international treaty would ultimately be needed to keep atmospheric carbon dioxide at a safe level. But nobody could agree on what that level was.
  • William Elliott, a NOAA scientist, introduced some hard facts: If the United States stopped burning carbon that year, it would delay the arrival of the doubling threshold by only five years. If Western nations somehow managed to stabilize emissions, it would forestall the inevitable by only eight years. The only way to avoid the worst was to stop burning coal. Yet China, the Soviet Union and the United States, by far the world’s three largest coal producers, were frantically accelerating extraction.
  • “Do we have a problem?” asked Anthony Scoville, a congressional science consultant. “We do, but it is not the atmospheric problem. It is the political problem.” He doubted that any scientific report, no matter how ominous its predictions, would persuade politicians to act.
  • The talk of ending oil production stirred for the first time the gentleman from Exxon. “I think there is a transition period,” Henry Shaw said. “We are not going to stop burning fossil fuels and start looking toward solar or nuclear fusion and so on. We are going to have a very orderly transition from fossil fuels to renewable energy sources.”
  • What if the problem was that they were thinking of it as a problem? “What I am saying,” Scoville continued, “is that in a sense we are making a transition not only in energy but the economy as a whole.” Even if the coal and oil industries collapsed, renewable technologies like solar energy would take their place. Jimmy Carter was planning to invest $80 billion in synthetic fuel. “My God,” Scoville said, “with $80 billion, you could have a photovoltaics industry going that would obviate the need for synfuels forever!”
  • nobody could agree what to do. John Perry, a meteorologist who had worked as a staff member on the Charney report, suggested that American energy policy merely “take into account” the risks of global warming, though he acknowledged that a nonbinding measure might seem “intolerably stodgy.” “It is so weak,” Pomerance said, the air seeping out of him, “as to not get us anywhere.”
  • Scoville pointed out that the United States was responsible for the largest share of global carbon emissions. But not for long. “If we’re going to exercise leadership,” he said, “the opportunity is now.
  • One way to lead, he proposed, would be to classify carbon dioxide as a pollutant under the Clean Air Act and regulate it as such. This was received by the room like a belch. By Scoville’s logic, every sigh was an act of pollution. Did the science really support such an extreme measure? The Charney report did exactly that, Pomerance said.
  • Slade, the director of the Energy Department’s carbon-dioxide program, considered the lag a saving grace. If changes did not occur for a decade or more, he said, those in the room couldn’t be blamed for failing to prevent them. So what was the problem?
  • “Call it whatever.” Besides, Pomerance added, they didn’t have to ban coal tomorrow. A pair of modest steps could be taken immediately to show the world that the United States was serious: the implementation of a carbon tax and increased investment in renewable energy. Then the United States could organize an international summit meeting to address climate change
  • these two dozen experts, who agreed on the major points and had made a commitment to Congress, could not draft a single paragraph. Hours passed in a hell of fruitless negotiation, self-defeating proposals and impulsive speechifying. Pomerance and Scoville pushed to include a statement calling for the United States to “sharply accelerate international dialogue,” but they were sunk by objections and caveats.
  • They never got to policy proposals. They never got to the second paragraph. The final statement was signed by only the moderator, who phrased it more weakly than the declaration calling for the workshop in the first place. “The guide I would suggest,” Jorling wrote, “is whether we know enough not to recommend changes in existing policy.”
  • Pomerance had seen enough. A consensus-based strategy would not work — could not work — without American leadership. And the United States wouldn’t act unless a strong leader persuaded it to do so — someone who would speak with authority about the science, demand action from those in power and risk everything in pursuit of justice.
  • The meeting ended Friday morning. On Tuesday, four days later, Ronald Reagan was elected president.
  • ‘Otherwise, They’ll Gurgle’ November 1980-September 1981
  • In the midst of this carnage, the Council on Environmental Quality submitted a report to the White House warning that fossil fuels could “permanently and disastrously” alter Earth’s atmosphere, leading to “a warming of the Earth, possibly with very serious effects.” Reagan did not act on the council’s advice. Instead, his administration considered eliminating the council.
  • After the election, Reagan considered plans to close the Energy Department, increase coal production on federal land and deregulate surface coal mining. Once in office, he appointed James Watt, the president of a legal firm that fought to open public lands to mining and drilling, to run the Interior Department. “We’re deliriously happy,” the president of the National Coal Association was reported to have said. Reagan preserved the E.P.A. but named as its administrator Anne Gorsuch, an anti-regulation zealot who proceeded to cut the agency’s staff and budget by about a quarter
  • Reagan “has declared open war on solar energy,” the director of the nation’s lead solar-energy research agency said, after he was asked to resign). Reagan appeared determined to reverse the environmental achievements of Jimmy Carter, before undoing those of Richard Nixon, Lyndon Johnson, John F. Kennedy and, if he could get away with it, Theodore Roosevelt.
  • When Reagan considered closing the Council on Environmental Quality, its acting chairman, Malcolm Forbes Baldwin, wrote to the vice president and the White House chief of staff begging them to reconsider; in a major speech the same week, “A Conservative’s Program for the Environment,” Baldwin argued that it was “time for today’s conservatives explicitly to embrace environmentalism.” Environmental protection was not only good sense. It was good business. What could be more conservative than an efficient use of resources that led to fewer federal subsidies?
  • Meanwhile the Charney report continued to vibrate at the periphery of public consciousness. Its conclusions were confirmed by major studies from the Aspen Institute, the International Institute for Applied Systems Analysis near Vienna and the American Association for the Advancement of Science. Every month or so, nationally syndicated articles appeared summoning apocalypse: “Another Warning on ‘Greenhouse Effect,’ ” “Global Warming Trend ‘Beyond Human Experience,’ ” “Warming Trend Could ‘Pit Nation Against Nation.’
  • Pomerance read on the front page of The New York Times on Aug. 22, 1981, about a forthcoming paper in Science by a team of seven NASA scientists. They had found that the world had already warmed in the past century. Temperatures hadn’t increased beyond the range of historical averages, but the scientists predicted that the warming signal would emerge from the noise of routine weather fluctuations much sooner than previously expected. Most unusual of all, the paper ended with a policy recommendation: In the coming decades, the authors wrote, humankind should develop alternative sources of energy and use fossil fuels only “as necessary.” The lead author was James Hansen.
  • Pomerance listened and watched. He understood Hansen’s basic findings well enough: Earth had been warming since 1880, and the warming would reach “almost unprecedented magnitude” in the next century, leading to the familiar suite of terrors, including the flooding of a 10th of New Jersey and a quarter of Louisiana and Florida. But Pomerance was excited to find that Hansen could translate the complexities of atmospheric science into plain English.
  • 7. ‘We’re All Going to Be the Victims’ March 1982
  • Gore had learned about climate change a dozen years earlier as an undergraduate at Harvard, when he took a class taught by Roger Revelle. Humankind was on the brink of radically transforming the global atmosphere, Revelle explained, drawing Keeling’s rising zigzag on the blackboard, and risked bringing about the collapse of civilization. Gore was stunned: Why wasn’t anyone talking about this?
  • Most in Congress considered the science committee a legislative backwater, if they considered it at all; this made Gore’s subcommittee, which had no legislative authority, an afterthought to an afterthought. That, Gore vowed, would change. Environmental and health stories had all the elements of narrative drama: villains, victims and heroes. In a hearing, you could summon all three, with the chairman serving as narrator, chorus and moral authority. He told his staff director that he wanted to hold a hearing every week.
  • The Revelle hearing went as Grumbly had predicted. The urgency of the issue was lost on Gore’s older colleagues, who drifted in and out while the witnesses testified. There were few people left by the time the Brookings Institution economist Lester Lave warned that humankind’s profligate exploitation of fossil fuels posed an existential test to human nature. “Carbon dioxide stands as a symbol now of our willingness to confront the future,” he said. “It will be a sad day when we decide that we just don’t have the time or thoughtfulness to address those issues.”
  • That night, the news programs featured the resolution of the baseball strike, the ongoing budgetary debate and the national surplus of butter.
  • There emerged, despite the general comity, a partisan divide. Unlike the Democrats, the Republicans demanded action. “Today I have a sense of déjà vu,” said Robert Walker, a Republican from Pennsylvania. In each of the last five years, he said, “we have been told and told and told that there is a problem with the increasing carbon dioxide in the atmosphere. We all accept that fact, and we realize that the potential consequences are certainly major in their impact on mankind.” Yet they had failed to propose a single law. “Now is the time,” he said. “The research is clear. It is up to us now to summon the political will.”
  • Hansen flew to Washington to testify on March 25, 1982, performing before a gallery even more thinly populated than at Gore’s first hearing on the greenhouse effect. Gore began by attacking the Reagan administration for cutting funding for carbon-dioxide research despite the “broad consensus in the scientific community that the greenhouse effect is a reality.” William Carney, a Republican from New York, bemoaned the burning of fossil fuels and argued passionately that science should serve as the basis for legislative policy
  • the experts invited by Gore agreed with the Republicans: The science was certain enough. Melvin Calvin, a Berkeley chemist who won the Nobel Prize for his work on the carbon cycle, said that it was useless to wait for stronger evidence of warming. “You cannot do a thing about it when the signals are so big that they come out of the noise,” he said. “You have to look for early warning signs.”
  • Hansen’s job was to share the warning signs, to translate the data into plain English. He explained a few discoveries that his team had made — not with computer models but in libraries. By analyzing records from hundreds of weather stations, he found that the surface temperature of the planet had already increased four-tenths of a degree Celsius in the previous century. Data from several hundred tide-gauge stations showed that the oceans had risen four inches since the 1880s
  • It occurred to Hansen that this was the only political question that mattered: How long until the worst began? It was not a question on which geophysicists expended much effort; the difference between five years and 50 years in the future was meaningless in geologic time. Politicians were capable of thinking only in terms of electoral time: six years, four years, two years. But when it came to the carbon problem, the two time schemes were converging.
  • “Within 10 or 20 years,” Hansen said, “we will see climate changes which are clearly larger than the natural variability.” James Scheuer wanted to make sure he understood this correctly. No one else had predicted that the signal would emerge that quickly. “If it were one or two degrees per century,” he said, “that would be within the range of human adaptability. But we are pushing beyond the range of human adaptability.” “Yes,” Hansen said.
  • How soon, Scheuer asked, would they have to change the national model of energy production? Hansen hesitated — it wasn’t a scientific question. But he couldn’t help himself. He had been irritated, during the hearing, by all the ludicrous talk about the possibility of growing more trees to offset emissions. False hopes were worse than no hope at all: They undermined the prospect of developing real solutions. “That time is very soon,” Hansen said finally. “My opinion is that it is past,” Calvin said, but he was not heard because he spoke from his seat. He was told to speak into the microphone. “It is already later,” Calvin said, “than you think.”
  • From Gore’s perspective, the hearing was an unequivocal success. That night Dan Rather devoted three minutes of “CBS Evening News” to the greenhouse effect. A correspondent explained that temperatures had increased over the previous century, great sheets of pack ice in Antarctica were rapidly melting, the seas were rising; Calvin said that “the trend is all in the direction of an impending catastrophe”; and Gore mocked Reagan for his shortsightedness. Later, Gore could take credit for protecting the Energy Department’s carbon-dioxide program, which in the end was largely preserved.
  • 8. ‘The Direction of an Impending Catastrophe’ 1982
  • Following Henry Shaw’s recommendation to establish credibility ahead of any future legislative battles, Exxon had begun to spend conspicuously on global-warming research. It donated tens of thousands of dollars to some of the most prominent research efforts, including one at Woods Hole led by the ecologist George Woodwell, who had been calling for major climate policy as early as the mid-1970s, and an international effort coordinated by the United Nations. Now Shaw offered to fund the October 1982 symposium on climate change at Columbia’s Lamont-Doherty campus.
  • David boasted that Exxon would usher in a new global energy system to save the planet from the ravages of climate change. He went so far as to argue that capitalism’s blind faith in the wisdom of the free market was “less than satisfying” when it came to the greenhouse effect. Ethical considerations were necessary, too. He pledged that Exxon would revise its corporate strategy to account for climate change, even if it were not “fashionable” to do so. As Exxon had already made heavy investments in nuclear and solar technology, he was “generally upbeat” that Exxon would “invent” a future of renewable energy.
  • Hansen had reason to feel upbeat himself. If the world’s largest oil-and-gas company supported a new national energy model, the White House would not stand in its way. The Reagan administration was hostile to change from within its ranks. But it couldn’t be hostile to Exxon.
  • The carbon-dioxide issue was beginning to receive major national attention — Hansen’s own findings had become front-page news, after all. What started as a scientific story was turning into a political story.
  • The political realm was itself a kind of Mirror World, a parallel reality that crudely mimicked our own. It shared many of our most fundamental laws, like the laws of gravity and inertia and publicity. And if you applied enough pressure, the Mirror World of politics could be sped forward to reveal a new future. Hansen was beginning to understand that too.
  • 1. ‘Caution, Not Panic’ 1983-1984
  • in the fall of 1983, the climate issue entered an especially long, dark winter. And all because of a single report that had done nothing to change the state of climate science but transformed the state of climate politics.
  • After the publication of the Charney report in 1979, Jimmy Carter had directed the National Academy of Sciences to prepare a comprehensive, $1 million analysis of the carbon-dioxide problem: a Warren Commission for the greenhouse effect. A team of scientist-dignitaries — among them Revelle, the Princeton modeler Syukuro Manabe and the Harvard political economist Thomas Schelling, one of the intellectual architects of Cold War game theory — would review the literature, evaluate the consequences of global warming for the world order and propose remedies
  • Then Reagan won the White House.
  • the incipient report served as the Reagan administration’s answer to every question on the subject. There could be no climate policy, Fred Koomanoff and his associates said, until the academy ruled. In the Mirror World of the Reagan administration, the warming problem hadn’t been abandoned at all. A careful, comprehensive solution was being devised. Everyone just had to wait for the academy’s elders to explain what it was.
  • The committee’s chairman, William Nierenberg — a Jason, presidential adviser and director of Scripps, the nation’s pre-eminent oceanographic institution — argued that action had to be taken immediately, before all the details could be known with certainty, or else it would be too late.
  • Better to bet on American ingenuity to save the day. Major interventions in national energy policy, taken immediately, might end up being more expensive, and less effective, than actions taken decades in the future, after more was understood about the economic and social consequences of a warmer planet. Yes, the climate would change, mostly for the worst, but future generations would be better equipped to change with it.
  • Government officials who knew Nierenberg were not surprised by his conclusions: He was an optimist by training and experience, a devout believer in the doctrine of American exceptionalism, one of the elite class of scientists who had helped the nation win a global war, invent the most deadly weapon conceivable and create the booming aerospace and computer industries. America had solved every existential problem it had confronted over the previous generation; it would not be daunted by an excess of carbon dioxide. Nierenberg had also served on Reagan’s transition team. Nobody believed that he had been directly influenced by his political connections, but his views — optimistic about the saving graces of market forces, pessimistic about the value of government regulation — reflected all the ardor of his party.
  • That’s what Nierenberg wrote in “Changing Climate.” But it’s not what he said in the press interviews that followed. He argued the opposite: There was no urgent need for action. The public should not entertain the most “extreme negative speculations” about climate change (despite the fact that many of those speculations appeared in his report). Though “Changing Climate” urged an accelerated transition to renewable fuels, noting that it would take thousands of years for the atmosphere to recover from the damage of the last century, Nierenberg recommended “caution, not panic.” Better to wait and see
  • The damage of “Changing Climate” was squared by the amount of attention it received. Nierenberg’s speech in the Great Hall, being one-500th the length of the actual assessment, received 500 times the press coverage. As The Wall Street Journal put it, in a line echoed by trade journals across the nation: “A panel of top scientists has some advice for people worried about the much-publicized warming of the Earth’s climate: You can cope.”
  • On “CBS Evening News,” Dan Rather said the academy had given “a cold shoulder” to a grim, 200-page E.P.A. assessment published earlier that week (titled “Can We Delay a Greenhouse Warming?”; the E.P.A.’s answer, reduced to a word, was no). The Washington Post described the two reports, taken together, as “clarion calls to inaction.
  • George Keyworth II, Reagan’s science adviser. Keyworth used Nierenberg’s optimism as reason to discount the E.P.A.’s “unwarranted and unnecessarily alarmist” report and warned against taking any “near-term corrective action” on global warming. Just in case it wasn’t clear, Keyworth added, “there are no actions recommended other than continued research.”
  • Edward David Jr., two years removed from boasting of Exxon’s commitment to transforming global energy policy, told Science that the corporation had reconsidered. “Exxon has reverted to being mainly a supplier of conventional hydrocarbon fuels — petroleum products, natural gas and steam coal,” David said. The American Petroleum Institute canceled its own carbon-dioxide research program, too.
  • Exxon soon revised its position on climate-change research. In a presentation at an industry conference, Henry Shaw cited “Changing Climate” as evidence that “the general consensus is that society has sufficient time to technologically adapt to a CO₂ greenhouse effect.” If the academy had concluded that regulations were not a serious option, why should Exxon protest
  • 2. ‘You Scientists Win’ 1985
  • 3. The Size of The Human Imagination Spring-Summer 1986
  • Curtis Moore’s proposal: Use ozone to revive climate. The ozone hole had a solution — an international treaty, already in negotiation. Why not hitch the milk wagon to the bullet train? Pomerance was skeptical. The problems were related, sure: Without a reduction in CFC emissions, you didn’t have a chance of averting cataclysmic global warming. But it had been difficult enough to explain the carbon issue to politicians and journalists; why complicate the sales pitch? Then again, he didn’t see what choice he had. The Republicans controlled the Senate, and Moore was his connection to the Senate’s environmental committee.
  • Pomerance met with Senator John Chafee, a Republican from Rhode Island, and helped persuade him to hold a double-barreled hearing on the twin problems of ozone and carbon dioxide on June 10 and 11, 1986
  • F.Sherwood Rowland, Robert Watson, a NASA scientist, and Richard Benedick, the administration’s lead representative in international ozone negotiations, would discuss ozone; James Hansen, Al Gore, the ecologist George Woodwell and Carl Wunsch, a veteran of the Charney group, would testify about climate change.
  • As Pomerance had hoped, fear about the ozone layer ensured a bounty of press coverage for the climate-change testimony. But as he had feared, it caused many people to conflate the two crises. One was Peter Jennings, who aired the video on ABC’s “World News Tonight,” warning that the ozone hole “could lead to flooding all over the world, also to drought and to famine.”
  • The confusion helped: For the first time since the “Changing Climate” report, global-warming headlines appeared by the dozen. William Nierenberg’s “caution, not panic” line was inverted. It was all panic without a hint of caution: “A Dire Forecast for ‘Greenhouse’ Earth” (the front page of The Washington Post); “Scientists Predict Catastrophes in Growing Global Heat Wave” (Chicago Tribune); “Swifter Warming of Globe Foreseen” (The New York Times).
  • After three years of backsliding and silence, Pomerance was exhilarated to see interest in the issue spike overnight. Not only that: A solution materialized, and a moral argument was passionately articulated — by Rhode Island’s Republican senator no less. “Ozone depletion and the greenhouse effect can no longer be treated solely as important scientific questions,” Chafee said. “They must be seen as critical problems facing the nations of the world, and they are problems that demand solutions.”
  • The old canard about the need for more research was roundly mocked — by Woodwell, by a W.R.I. colleague named Andrew Maguire, by Senator George Mitchell, a Democrat from Maine. “Scientists are never 100 percent certain,” the Princeton historian Theodore Rabb testified. “That notion of total certainty is something too elusive ever to be sought.” As Pomerance had been saying since 1979, it was past time to act. Only now the argument was so broadly accepted that nobody dared object.
  • The ozone hole, Pomerance realized, had moved the public because, though it was no more visible than global warming, people could be made to see it. They could watch it grow on video. Its metaphors were emotionally wrought: Instead of summoning a glass building that sheltered plants from chilly weather (“Everything seems to flourish in there”), the hole evoked a violent rending of the firmament, inviting deathly radiation. Americans felt that their lives were in danger. An abstract, atmospheric problem had been reduced to the size of the human imagination. It had been made just small enough, and just large enough, to break through.
  • Four years after “Changing Climate,” two years after a hole had torn open the firmament and a month after the United States and more than three dozen other nations signed a treaty to limit use of CFCs, the climate-change corps was ready to celebrate. It had become conventional wisdom that climate change would follow ozone’s trajectory. Reagan’s E.P.A. administrator, Lee M. Thomas, said as much the day he signed the Montreal Protocol on Substances That Deplete the Ozone Layer (the successor to the Vienna Convention), telling reporters that global warming was likely to be the subject of a future international agreement
  • Congress had already begun to consider policy — in 1987 alone, there were eight days of climate hearings, in three committees, across both chambers of Congress; Senator Joe Biden, a Delaware Democrat, had introduced legislation to establish a national climate-change strategy. And so it was that Jim Hansen found himself on Oct. 27 in the not especially distinguished ballroom of the Quality Inn on New Jersey Avenue, a block from the Capitol, at “Preparing for Climate Change,” which was technically a conference but felt more like a wedding.
  • John Topping was an old-line Rockefeller Republican, a Commerce Department lawyer under Nixon and an E.P.A. official under Reagan. He first heard about the climate problem in the halls of the E.P.A. in 1982 and sought out Hansen, who gave him a personal tutorial. Topping was amazed to discover that out of the E.P.A.’s 13,000-person staff, only seven people, by his count, were assigned to work on climate, though he figured it was more important to the long-term security of the nation than every other environmental issue combined.
  • Glancing around the room, Jim Hansen could chart, like an arborist counting rings on a stump, the growth of the climate issue over the decade. Veterans like Gordon MacDonald, George Woodwell and the environmental biologist Stephen Schneider stood at the center of things. Former and current staff members from the congressional science committees (Tom Grumbly, Curtis Moore, Anthony Scoville) made introductions to the congressmen they advised. Hansen’s owlish nemesis Fred Koomanoff was present, as were his counterparts from the Soviet Union and Western Europe. Rafe Pomerance’s cranium could be seen above the crowd, but unusually he was surrounded by colleagues from other environmental organizations that until now had shown little interest in a diffuse problem with no proven fund-raising record. The party’s most conspicuous newcomers, however, the outermost ring, were the oil-and-gas executives.
  • That evening, as a storm spat and coughed outside, Rafe Pomerance gave one of his exhortative speeches urging cooperation among the various factions, and John Chafee and Roger Revelle received awards; introductions were made and business cards earnestly exchanged. Not even a presentation by Hansen of his research could sour the mood. The next night, on Oct. 28, at a high-spirited dinner party in Topping’s townhouse on Capitol Hill, the oil-and-gas men joked with the environmentalists, the trade-group representatives chatted up the regulators and the academics got merrily drunk. Mikhail Budyko, the don of the Soviet climatologists, settled into an extended conversation about global warming with Topping’s 10-year-old son. It all seemed like the start of a grand bargain, a uniting of factions — a solution.
  • Hansen was accustomed to the bureaucratic nuisances that attended testifying before Congress; before a hearing, he had to send his formal statement to NASA headquarters, which forwarded it to the White House’s Office of Management and Budget for approval. “Major greenhouse climate changes are a certainty,” he had written. “By the 2010s [in every scenario], essentially the entire globe has very substantial warming.”
  • By all appearances, plans for major policy continued to advance rapidly. After the Johnston hearing, Timothy Wirth, a freshman Democratic senator from Colorado on the energy committee, began to plan a comprehensive package of climate-change legislation — a New Deal for global warming. Wirth asked a legislative assistant, David Harwood, to consult with experts on the issue, beginning with Rafe Pomerance, in the hope of converting the science of climate change into a new national energy policy.
  • In March 1988, Wirth joined 41 other senators, nearly half of them Republicans, to demand that Reagan call for an international treaty modeled after the ozone agreement. Because the United States and the Soviet Union were the world’s two largest contributors of carbon emissions, responsible for about one-third of the world total, they should lead the negotiations. Reagan agreed. In May, he signed a joint statement with Mikhail Gorbachev that included a pledge to cooperate on global warming.
  • Al Gore himself had, for the moment, withdrawn his political claim to the issue. In 1987, at the age of 39, Gore announced that he was running for president, in part to bring attention to global warming, but he stopped emphasizing it after the subject failed to captivate New Hampshire primary voters.
  • 5. ‘You Will See Things That You Shall Believe’ Summer 1988
  • It was the hottest and driest summer in history. Everywhere you looked, something was bursting into flames. Two million acres in Alaska incinerated, and dozens of major fires scored the West. Yellowstone National Park lost nearly one million acres. Smoke was visible from Chicago, 1,600 miles away.
  • In Nebraska, suffering its worst drought since the Dust Bowl, there were days when every weather station registered temperatures above 100 degrees. The director of the Kansas Department of Health and Environment warned that the drought might be the dawning of a climatic change that within a half century could turn the state into a desert.
  • On June 22 in Washington, where it hit 100 degrees, Rafe Pomerance received a call from Jim Hansen, who was scheduled to testify the following morning at a Senate hearing called by Timothy Wirth. “I hope we have good media coverage tomorrow,” Hansen said.
  • Hansen had just received the most recent global temperature data. Just over halfway into the year, 1988 was setting records. Already it had nearly clinched the hottest year in history. Ahead of schedule, the signal was emerging from the noise. “I’m going to make a pretty strong statement,” Hansen said.
  • Hansen returned to his testimony. He wrote: “The global warming is now large enough that we can ascribe with a high degree of confidence a cause-and-effect relationship to the greenhouse effect.” He wrote: “1988 so far is so much warmer than 1987, that barring a remarkable and improbable cooling, 1988 will be the warmest year on record.” He wrote: “The greenhouse effect has been detected, and it is changing our climate now.”
  • “We have only one planet,” Senator Bennett Johnston intoned. “If we screw it up, we have no place to go.” Senator Max Baucus, a Democrat from Montana, called for the United Nations Environment Program to begin preparing a global remedy to the carbon-dioxide problem. Senator Dale Bumpers, a Democrat of Arkansas, previewed Hansen’s testimony, saying that it “ought to be cause for headlines in every newspaper in America tomorrow morning.” The coverage, Bumpers emphasized, was a necessary precursor to policy. “Nobody wants to take on any of the industries that produce the things that we throw up into the atmosphere,” he said. “But what you have are all these competing interests pitted against our very survival.”
  • Hansen, wiping his brow, spoke without affect, his eyes rarely rising from his notes. The warming trend could be detected “with 99 percent confidence,” he said. “It is changing our climate now.” But he saved his strongest comment for after the hearing, when he was encircled in the hallway by reporters. “It is time to stop waffling so much,” he said, “and say that the evidence is pretty strong that the greenhouse effect is here.”
  • The press followed Bumpers’s advice. Hansen’s testimony prompted headlines in dozens of newspapers across the country, including The New York Times, which announced, across the top of its front page: “Global Warming Has Begun, Expert Tells Senate.”
  • Rafe Pomerance called his allies on Capitol Hill, the young staff members who advised politicians, organized hearings, wrote legislation. We need to finalize a number, he told them, a specific target, in order to move the issue — to turn all this publicity into policy. The Montreal Protocol had called for a 50 percent reduction in CFC emissions by 1998. What was the right target for carbon emissions? It wasn’t enough to exhort nations to do better. That kind of talk might sound noble, but it didn’t change investments or laws. They needed a hard goal — something ambitious but reasonable. And they needed it soon: Just four days after Hansen’s star turn, politicians from 46 nations and more than 300 scientists would convene in Toronto at the World Conference on the Changing Atmosphere, an event described by Philip Shabecoff of The New York Times as “Woodstock for climate change.”
  • Pomerance had a proposal: a 20 percent reduction in carbon emissions by 2000. Ambitious, Harwood said. In all his work planning climate policy, he had seen no assurance that such a steep drop in emissions was possible. Then again, 2000 was more than a decade off, so it allowed for some flexibility.
  • Mintzer pointed out that a 20 percent reduction was consistent with the academic literature on energy efficiency. Various studies over the years had shown that you could improve efficiency in most energy systems by roughly 20 percent if you adopted best practices.
  • Of course, with any target, you had to take into account the fact that the developing world would inevitably consume much larger quantities of fossil fuels by 2000. But those gains could be offset by a wider propagation of the renewable technologies already at hand — solar, wind, geothermal. It was not a rigorous scientific analysis, Mintzer granted, but 20 percent sounded plausible. We wouldn’t need to solve cold fusion or ask Congress to repeal the law of gravity. We could manage it with the knowledge and technology we already had.
  • Besides, Pomerance said, 20 by 2000 sounds good.
  • The conference’s final statement, signed by all 400 scientists and politicians in attendance, repeated the demand with a slight variation: a 20 percent reduction in carbon emissions by 2005. Just like that, Pomerance’s best guess became global diplomatic policy.
  • Hansen, emerging from Anniek’s successful cancer surgery, took it upon himself to start a one-man public information campaign. He gave news conferences and was quoted in seemingly every article about the issue; he even appeared on television with homemade props. Like an entrant at an elementary-school science fair, he made “loaded dice” out of sections of cardboard and colored paper to illustrate the increased likelihood of hotter weather in a warmer climate. Public awareness of the greenhouse effect reached a new high of 68 percent
  • global warming became a major subject of the presidential campaign. While Michael Dukakis proposed tax incentives to encourage domestic oil production and boasted that coal could satisfy the nation’s energy needs for the next three centuries, George Bush took advantage. “I am an environmentalist,” he declared on the shore of Lake Erie, the first stop on a five-state environmental tour that would take him to Boston Harbor, Dukakis’s home turf. “Those who think we are powerless to do anything about the greenhouse effect,” he said, “are forgetting about the White House effect.”
  • His running mate emphasized the ticket’s commitment to the issue at the vice-presidential debate. “The greenhouse effect is an important environmental issue,” Dan Quayle said. “We need to get on with it. And in a George Bush administration, you can bet that we will.”
  • This kind of talk roused the oil-and-gas men. “A lot of people on the Hill see the greenhouse effect as the issue of the 1990s,” a gas lobbyist told Oil & Gas Journal. Before a meeting of oil executives shortly after the “environmentalist” candidate won the election, Representative Dick Cheney, a Wyoming Republican, warned, “It’s going to be very difficult to fend off some kind of gasoline tax.” The coal industry, which had the most to lose from restrictions on carbon emissions, had moved beyond denial to resignation. A spokesman for the National Coal Association acknowledged that the greenhouse effect was no longer “an emerging issue. It is here already, and we’ll be hearing more and more about it.”
  • By the end of the year, 32 climate bills had been introduced in Congress, led by Wirth’s omnibus National Energy Policy Act of 1988. Co-sponsored by 13 Democrats and five Republicans, it established as a national goal an “International Global Agreement on the Atmosphere by 1992,” ordered the Energy Department to submit to Congress a plan to reduce energy use by at least 2 percent a year through 2005 and directed the Congressional Budget Office to calculate the feasibility of a carbon tax. A lawyer for the Senate energy committee told an industry journal that lawmakers were “frightened” by the issue and predicted that Congress would eventually pass significant legislation after Bush took office
  • The other great powers refused to wait. The German Parliament created a special commission on climate change, which concluded that action had to be taken immediately, “irrespective of any need for further research,” and that the Toronto goal was inadequate; it recommended a 30 percent reduction of carbon emissions
  • Margaret Thatcher, who had studied chemistry at Oxford, warned in a speech to the Royal Society that global warming could “greatly exceed the capacity of our natural habitat to cope” and that “the health of the economy and the health of our environment are totally dependent upon each other.”
  • The prime ministers of Canada and Norway called for a binding international treaty on the atmosphere; Sweden’s Parliament went further, announcing a national strategy to stabilize emissions at the 1988 level and eventually imposing a carbon tax
  • the United Nations unanimously endorsed the establishment, by the World Meteorological Organization and the United Nations Environment Program, of an Intergovernmental Panel on Climate Change, composed of scientists and policymakers, to conduct scientific assessments and develop global climate policy.
  • One of the I.P.C.C.’s first sessions to plan an international treaty was hosted by the State Department, 10 days after Bush’s inauguration. James Baker chose the occasion to make his first speech as secretary of state. “We can probably not afford to wait until all of the uncertainties about global climate change have been resolved,” he said. “Time will not make the problem go away.”
  • : On April 14, 1989, a bipartisan group of 24 senators, led by the majority leader, George Mitchell, requested that Bush cut emissions in the United States even before the I.P.C.C.’s working group made its recommendation. “We cannot afford the long lead times associated with a comprehensive global agreement,” the senators wrote. Bush had promised to combat the greenhouse effect with the White House effect. The self-proclaimed environmentalist was now seated in the Oval Office. It was time.
  • 8. ‘You Never Beat The White House’ April 1989
  • After Jim Baker gave his boisterous address to the I.P.C.C. working group at the State Department, he received a visit from John Sununu, Bush’s chief of staff. Leave the science to the scientists, Sununu told Baker. Stay clear of this greenhouse-effect nonsense. You don’t know what you’re talking about. Baker, who had served as Reagan’s chief of staff, didn’t speak about the subject again.
  • despite his reputation as a political wolf, he still thought of himself as a scientist — an “old engineer,” as he was fond of putting it, having earned a Ph.D. in mechanical engineering from M.I.T. decades earlier. He lacked the reflexive deference that so many of his political generation reserved for the class of elite government scientists.
  • Since World War II, he believed, conspiratorial forces had used the imprimatur of scientific knowledge to advance an “anti-growth” doctrine. He reserved particular disdain for Paul Ehrlich’s “The Population Bomb,” which prophesied that hundreds of millions of people would starve to death if the world took no step to curb population growth; the Club of Rome, an organization of European scientists, heads of state and economists, which similarly warned that the world would run out of natural resources; and as recently as the mid-’70s, the hypothesis advanced by some of the nation’s most celebrated scientists — including Carl Sagan, Stephen Schneider and Ichtiaque Rasool — that a new ice age was dawning, thanks to the proliferation of man-made aerosols. All were theories of questionable scientific merit, portending vast, authoritarian remedies to halt economic progress.
  • When Mead talked about “far-reaching” decisions and “long-term consequences,” Sununu heard the marching of jackboots.
  • Sununu had suspected that the greenhouse effect belonged to this nefarious cabal since 1975, when the anthropologist Margaret Mead convened a symposium on the subject at the National Institute of Environmental Health Sciences.
  • While Sununu and Darman reviewed Hansen’s statements, the E.P.A. administrator, William K. Reilly, took a new proposal to the White House. The next meeting of the I.P.C.C.’s working group was scheduled for Geneva the following month, in May; it was the perfect occasion, Reilly argued, to take a stronger stand on climate change. Bush should demand a global treaty to reduce carbon emissions.
  • Sununu wouldn’t budge. He ordered the American delegates not to make any commitment in Geneva. Very soon after that, someone leaked the exchange to the press.
  • A deputy of Jim Baker pulled Reilly aside. He said he had a message from Baker, who had observed Reilly’s infighting with Sununu. “In the long run,” the deputy warned Reilly, “you never beat the White House.”
  • 9. ‘A Form of Science Fraud’ May 1989
  • The cameras followed Hansen and Gore into the marbled hallway. Hansen insisted that he wanted to focus on the science. Gore focused on the politics. “I think they’re scared of the truth,” he said. “They’re scared that Hansen and the other scientists are right and that some dramatic policy changes are going to be needed, and they don’t want to face up to it.”
  • The censorship did more to publicize Hansen’s testimony and the dangers of global warming than anything he could have possibly said. At the White House briefing later that morning, Press Secretary Marlin Fitzwater admitted that Hansen’s statement had been changed. He blamed an official “five levels down from the top” and promised that there would be no retaliation. Hansen, he added, was “an outstanding and distinguished scientist” and was “doing a great job.”
  • 10. The White House Effect Fall 1989
  • The Los Angeles Times called the censorship “an outrageous assault.” The Chicago Tribune said it was the beginning of “a cold war on global warming,” and The New York Times warned that the White House’s “heavy-handed intervention sends the signal that Washington wants to go slow on addressing the greenhouse problem.”
  • Darman went to see Sununu. He didn’t like being accused of censoring scientists. They needed to issue some kind of response. Sununu called Reilly to ask if he had any ideas. We could start, Reilly said, by recommitting to a global climate treaty. The United States was the only Western nation on record as opposing negotiations.
  • Sununu sent a telegram to Geneva endorsing a plan “to develop full international consensus on necessary steps to prepare for a formal treaty-negotiating process. The scope and importance of this issue are so great that it is essential for the U.S. to exercise leadership.”
  • Sununu seethed at any mention of the subject. He had taken it upon himself to study more deeply the greenhouse effect; he would have a rudimentary, one-dimensional general circulation model installed on his personal desktop computer. He decided that the models promoted by Jim Hansen were a lot of bunk. They were horribly imprecise in scale and underestimated the ocean’s ability to mitigate warming. Sununu complained about Hansen to D. Allan Bromley, a nuclear physicist from Yale who, at Sununu’s recommendation, was named Bush’s science adviser. Hansen’s findings were “technical poppycock” that didn’t begin to justify such wild-eyed pronouncements that “the greenhouse effect is here” or that the 1988 heat waves could be attributed to global warming, let alone serve as the basis for national economic policy.
  • When a junior staff member in the Energy Department, in a meeting at the White House with Sununu and Reilly, mentioned an initiative to reduce fossil-fuel use, Sununu interrupted her. “Why in the world would you need to reduce fossil-fuel use?” he asked. “Because of climate change,” the young woman replied. “I don’t want anyone in this administration without a scientific background using ‘climate change’ or ‘global warming’ ever again,” he said. “If you don’t have a technical basis for policy, don’t run around making decisions on the basis of newspaper headlines.” After the meeting, Reilly caught up to the staff member in the hallway. She was shaken. Don’t take it personally, Reilly told her. Sununu might have been looking at you, but that was directed at me.
  • Reilly, for his part, didn’t entirely blame Sununu for Bush’s indecision on the prospect of a climate treaty. The president had never taken a vigorous interest in global warming and was mainly briefed about it by nonscientists. Bush had brought up the subject on the campaign trail, in his speech about the White House effect, after leafing through a briefing booklet for a new issue that might generate some positive press. When Reilly tried in person to persuade him to take action, Bush deferred to Sununu and Baker. Why don’t the three of you work it out, he said. Let me know when you decide
  • Relations between Sununu and Reilly became openly adversarial. Reilly, Sununu thought, was a creature of the environmental lobby. He was trying to impress his friends at the E.P.A. without having a basic grasp of the science himself.
  • Pomerance had the sinking feeling that the momentum of the previous year was beginning to flag. The censoring of Hansen’s testimony and the inexplicably strident opposition from John Sununu were ominous signs. So were the findings of a report Pomerance had commissioned, published in September by the World Resources Institute, tracking global greenhouse-gas emissions. The United States was the largest contributor by far, producing nearly a quarter of the world’s carbon emissions, and its contribution was growing faster than that of every other country. Bush’s indecision, or perhaps inattention, had already managed to delay the negotiation of a global climate treaty until 1990 at the earliest, perhaps even 1991. By then, Pomerance worried, it would be too late.
  • Pomerance tried to be more diplomatic. “The president made a commitment to the American people to deal with global warming,” he told The Washington Post, “and he hasn’t followed it up.” He didn’t want to sound defeated. “There are some good building blocks here,” Pomerance said, and he meant it. The Montreal Protocol on CFCs wasn’t perfect at first, either — it had huge loopholes and weak restrictions. Once in place, however, the restrictions could be tightened. Perhaps the same could happen with climate change. Perhaps. Pomerance was not one for pessimism. As William Reilly told reporters, dutifully defending the official position forced upon him, it was the first time that the United States had formally endorsed the concept of an emissions limit. Pomerance wanted to believe that this was progress.
  • All week in Noordwijk, Becker couldn’t stop talking about what he had seen in Zeeland. After a flood in 1953, when the sea swallowed much of the region, killing more than 2,000 people, the Dutch began to build the Delta Works, a vast concrete-and-steel fortress of movable barriers, dams and sluice gates — a masterpiece of human engineering. The whole system could be locked into place within 90 minutes, defending the land against storm surge. It reduced the country’s exposure to the sea by 700 kilometers, Becker explained. The United States coastline was about 153,000 kilometers long. How long, he asked, was the entire terrestrial coastline? Because the whole world was going to need this. In Zeeland, he said, he had seen the future.
  • Ken Caldeira, a climate scientist at the Carnegie Institution for Science in Stanford, Calif., has a habit of asking new graduate students to name the largest fundamental breakthrough in climate physics since 1979. It’s a trick question. There has been no breakthrough. As with any mature scientific discipline, there is only refinement. The computer models grow more precise; the regional analyses sharpen; estimates solidify into observational data. Where there have been inaccuracies, they have tended to be in the direction of understatement.
  • More carbon has been released into the atmosphere since the final day of the Noordwijk conference, Nov. 7, 1989, than in the entire history of civilization preceding it
  • Despite every action taken since the Charney report — the billions of dollars invested in research, the nonbinding treaties, the investments in renewable energy — the only number that counts, the total quantity of global greenhouse gas emitted per year, has continued its inexorable rise.
  • When it comes to our own nation, which has failed to make any binding commitments whatsoever, the dominant narrative for the last quarter century has concerned the efforts of the fossil-fuel industries to suppress science, confuse public knowledge and bribe politicians.
  • The mustache-twirling depravity of these campaigns has left the impression that the oil-and-gas industry always operated thus; while the Exxon scientists and American Petroleum Institute clerics of the ’70s and ’80s were hardly good Samaritans, they did not start multimillion-dollar disinformation campaigns, pay scientists to distort the truth or try to brainwash children in elementary schools, as their successors would.
  • It was James Hansen’s testimony before Congress in 1988 that, for the first time since the “Changing Climate” report, made oil-and-gas executives begin to consider the issue’s potential to hurt their profits. Exxon, as ever, led the field. Six weeks after Hansen’s testimony, Exxon’s manager of science and strategy development, Duane LeVine, prepared an internal strategy paper urging the company to “emphasize the uncertainty in scientific conclusions.” This shortly became the default position of the entire sector. LeVine, it so happened, served as chairman of the global petroleum industry’s Working Group on Global Climate Change, created the same year, which adopted Exxon’s position as its own
  • The American Petroleum Institute, after holding a series of internal briefings on the subject in the fall and winter of 1988, including one for the chief executives of the dozen or so largest oil companies, took a similar, if slightly more diplomatic, line. It set aside money for carbon-dioxide policy — about $100,000, a fraction of the millions it was spending on the health effects of benzene, but enough to establish a lobbying organization called, in an admirable flourish of newspeak, the Global Climate Coalition.
  • The G.C.C. was conceived as a reactive body, to share news of any proposed regulations, but on a whim, it added a press campaign, to be coordinated mainly by the A.P.I. It gave briefings to politicians known to be friendly to the industry and approached scientists who professed skepticism about global warming. The A.P.I.’s payment for an original op-ed was $2,000.
  • It was joined by the U.S. Chamber of Commerce and 14 other trade associations, including those representing the coal, electric-grid and automobile industries
  • In October 1989, scientists allied with the G.C.C. began to be quoted in national publications, giving an issue that lacked controversy a convenient fulcrum. “Many respected scientists say the available evidence doesn’t warrant the doomsday warnings,” was the caveat that began to appear in articles on climate change.
  • The following year, when President Bill Clinton proposed an energy tax in the hope of meeting the goals of the Rio treaty, the A.P.I. invested $1.8 million in a G.C.C. disinformation campaign. Senate Democrats from oil-and-coal states joined Republicans to defeat the tax proposal, which later contributed to the Republicans’ rout of Democrats in the midterm congressional elections in 1994 — the first time the Republican Party had won control of both houses in 40 years
  • The G.C.C. spent $13 million on a single ad campaign intended to weaken support for the 1997 Kyoto Protocol, which committed its parties to reducing greenhouse-gas emissions by 5 percent relative to 1990 levels. The Senate, which would have had to ratify the agreement, took a pre-emptive vote declaring its opposition; the resolution passed 95-0. There has never been another serious effort to negotiate a binding global climate treaty.
  • . This has made the corporation an especially vulnerable target for the wave of compensatory litigation that began in earnest in the last three years and may last a generation. Tort lawsuits have become possible only in recent years, as scientists have begun more precisely to attribute regional effects to global emission levels. This is one subfield of climate science that has advanced significantly sin
  • Pomerance had not been among the 400 delegates invited to Noordwijk. But together with three young activists — Daniel Becker of the Sierra Club, Alden Meyer of the Union of Concerned Scientists and Stewart Boyle from Friends of the Earth — he had formed his own impromptu delegation. Their constituency, they liked to say, was the climate itself. Their mission was to pressure the delegates to include in the final conference statement, which would be used as the basis for a global treaty, the target proposed in Toronto: a 20 percent reduction of greenhouse-gas combustion by 2005. It was the only measure that mattered, the amount of emissions reductions, and the Toronto number was the strongest global target yet proposed.
  • The delegations would review the progress made by the I.P.C.C. and decide whether to endorse a framework for a global treaty. There was a general sense among the delegates that they would, at minimum, agree to the target proposed by the host, the Dutch environmental minister, more modest than the Toronto number: a freezing of greenhouse-gas emissions at 1990 levels by 2000. Some believed that if the meeting was a success, it would encourage the I.P.C.C. to accelerate its negotiations and reach a decision about a treaty sooner. But at the very least, the world’s environmental ministers should sign a statement endorsing a hard, binding target of emissions reductions. The mood among the delegates was electric, nearly giddy — after more than a decade of fruitless international meetings, they could finally sign an agreement that meant something.
  • 11. ‘The Skunks at The Garden Party’ November 1989
  • It was nearly freezing — Nov. 6, 1989, on the coast of the North Sea in the Dutch resort town of Noordwijk
  • Losing Earth: The Decade WeAlmost Stopped Climate Change We knew everything we needed to know, and nothing stood in our way. Nothing, that is, except ourselves. A tragedy in two acts. By Nathaniel RichPhotographs and Videos by George Steinmetz AUG. 1, 2018
Javier E

White America's racial resentment is the real impetus for welfare cuts, study says - Th... - 0 views

  • opposition to welfare programs has grown among white Americans since 2008, even when controlling for political views and socioeconomic status.
  • White Americans are more likely to favor welfare cuts when they believe that their status is threatened and that minorities are the main beneficiaries of safety net programs, the study says.
  • T hat also hurts white Americans who make up the largest share of Medicaid and food-stamp recipients.
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  • The findings suggest that political efforts to cut welfare programs are driven less by conservative principles than by racial anxiety, the authors conclude
  • Those results show that the push to cut welfare programs is not driven by pure political motives, such as decreasing government spending or shrinking government bureaucracy, Wetts said.
  • Between 2008 and 2012 in particular, they found, opposition to welfare rose among all Americans -- but far more sharply among whites, who also began scoring higher on racial resentment scales during that period
  • These trends weren’t necessarily linked, however. So to determine if there was a connection, Wetts and Willer designed two more experiments: one in which they quizzed respondents on their feelings about welfare after seeing a graph about U.S. demographic change, and another in which respondents took a similar quiz after viewing information on average income by race and the demographics of welfare beneficiaries.
  • White Americans called for deeper cuts to welfare programs after viewing charts that showed they would become a racial minority within 50 years. They also opposed welfare programs more when they were told that people of color benefit most from them.
  • “My main hope here is that people take a step back, look at what these sorts of programs do for the poor, and think about what’s driving opposition to them.”
  • “We find evidence that these shifts [in sentiment against welfare programs] are specifically directed at programs people see as benefiting minorities instead of whites,” she added.
  • Wetts isn’t ruling out the possibility that alternate factors could also be at play, of course. Some researchers have found that people embrace more conservative politics during periods of rapid social change -- not necessarily because they fear their racial status is threatened, but because they fear change is happening too fast
  • Researchers have also shown that white Americans' racial prejudice affects their views on everything from healthcare policy to the death penalty to dogs
  • On the same day Wetts' paper published, a separate study in the journal Environmental Politics found that people with high levels of "racial resentment" are more likely to believe that the scientific consensus on climate change is false.
  • "More and more, white Americans use their racial attitudes to help them decide their positions on political questions such as whom to vote for or what stance to take on important issues including welfare and health care."
  • The Trump administration has begun allowing states to impose work requirements on Medicaid recipients, and has proposed tripling the rents for the poorest households receiving federal housing assistance. The House is also scheduled to vote again next month on a plan to cut $9 billion from food-stamp benefits over 10 years and require most adults to hold a job  to receive payments.
  • Figures from the federal government and the Kaiser Family Foundation show that white Americans make up 36 percent of food-stamp recipients, 43 percent of Medicaid recipients and 28 percent of recipients for cash welfare.
katherineharron

Stimulus package: Here's what's in Biden's $1.9 trillion economic rescue plan - CNNPoli... - 0 views

  • Bigger stimulus checks. More aid for the unemployed, the hungry and those facing eviction. Additional support for small businesses, states and local governments. Increased funding for vaccinations and testing.
  • The new payments would go to adult dependents that were left out of the earlier rounds, like some children over the age of 17.
  • Billed as the American Rescue Plan, the package augments many of the measures in Congress' historic $3 trillion coronavirus relief bill from March and in the $900 billion legislation from December,
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  • Biden is pushing for the big steps he says are needed to address immediate needs and control the coronavirus pandemic. He also plans to lay out an economic recovery plan in coming weeks that aims to create jobs and combat the climate crisis, among other measures.
  • The plan calls for sending another $1,400 per person to eligible recipients. This money would be in addition to the $600 payments that were approved by Congress in December and sent out earlier this month -- for a total of $2,000
  • nother $5 billion would be set aside to help struggling renters to pay their utility bills.
  • Biden would increase the federal boost the jobless receive to $400 a week, from the $300 weekly enhancement contained in Congress' relief package from December.
  • He would also extend the payments, along with two key pandemic unemployment programs, through September. This applies to those in the Pandemic Emergency Unemployment Compensation program who have exhausted their regular state jobless payments and in the Pandemic Unemployment Assistance program, which provides benefits to the self-employed, independent contractors, gig workers and certain people affected by the pandemic.
  • These are key parts of a $1.9 trillion proposal that President-elect Joe Biden unveiled Thursday evening.
  • The plan would provide $25 billion in rental assistance for low- and moderate-income households who have lost jobs during the pandemic. That's in addition to the $25 billion lawmakers provided in December.
  • Biden would extend the 15% increase in food stamp benefits through September, instead of having it expire in June.
  • The plan calls on Congress to create a $25 billion emergency fund and add $15 billion to an existing grant program to help child care providers, including family child care homes, to pay for rent, utilities, and payroll, and increased costs associated with the pandemic like personal protective equipment.
  • Biden wants to boost the Child Tax Credit to $3,600 for children under age 6 and $3,000 for those between ages 6 and 17 for a year.
  • Also, he wants Congress to provide $4 billion for mental health and substance use disorder services and $20 billion to meet the health care needs of veterans.
  • It also proposes making a $35 billion investment in some state, local, tribal, and non-profit financing programs that make low-interest loans and provide venture capital to entrepreneurs
  • Under Biden's proposal, people who are sick or quarantining, or caring for a child whose school is closed, will receive 14 weeks of paid leave. The government will reimburse employers with fewer than 500 workers for the full cost of providing the leave.
  • he plan calls for providing $15 billion to create a new grant program for small business owners, separate from the existing Paycheck Protection Program.
  • He wants to increase and expand the Affordable Care Act's premium subsidies so that enrollees don't have to pay more than 8.5% of their income for coverage -- which is also one of his campaign promises. (The law is facing a challenge from Republican-led states that is currently before the Supreme Court.)
  • Biden wants to send $350 billion to state, local and territorial governments to keep their frontline workers employed, distribute the vaccine, increase testing, reopen schools and maintain vital services.
  • Additional assistance to states has been among the most controversial elements of the congressional rescue packages, with Democrats looking to add to the $150 billion in the March legislation and Republicans resisting such efforts. The December package ultimately dropped an initial call to include $160 billion.
  • Biden's plan would also give $20 billion to the hardest-hit public transit agencies to help avert layoffs and the cutting of routes.
  • The plan would provide an additional $170 billion to K-12 schools, colleges and universities to help them reopen and operate safely or to facilitate remote learning.
  • It would also fund the hiring of 100,000 public health workers, nearly tripling the community health workforce.
  • The proposal would also invest $50 billion in testing, providing funds to purchase rapid tests, expand lab capacity and help schools implement regular testing to support reopening.
  • The plan calls for investing $20 billion in a national vaccination program, including launching community vaccination centers around the country and mobile units in hard-to-reach areas
  • Biden is calling on Congress to raise the minimum wage to $15 an hour, and to end the tipped minimum wage and the sub-minimum wage for people with disabilities.
Javier E

American travelers are buying foreign passports amid coronavirus pandemic - The Washing... - 0 views

  • travel restrictions are producing an emerging trend among some wealthy Americans: buying a second passport.
  • “This limitation of mobility has made more people aware of ... the benefits of having more than one passport,”
  • Arton says his firm has seen a 30 to 40 percent increase, year to date, in demand for services that help clients obtain citizenship in a sovereign state through financial means. The price tag for these services varies, ranging from $100,000 for some Caribbean options to more than $2 million for European ones.
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  • mid-pandemic, motivations have shifted. Some of Arton Capital’s American clients are in mixed-nationality relationships where couples have been separated because of pandemic travel bans. Others are worried about the impact of U.S. politics on their passport’s global standing.
  • “We’ve had Americans contacting us and saying, ‘Listen, I cannot believe that my American super passport cannot get me into as many countries as it used to before. What can I do?’ ” Arton says. “That was never the case for us before.”
  • Arton’s new clients fear that if the pandemic carries on for another year or two, they will be trapped by their U.S. passports, so they’re seeking out second passports from countries with investment migration programs.
  • The concept is about 35 years old, Arton says. Today there are approximately 25 countries, including Portugal, Dominica and the United Kingdom, that offer forms of residency or citizenship-by-investment programs as a revenue source.
  • The United States was an early adopter of the program. In 1990, the government created the EB-5 Immigrant Investor Visa Program, which has received nearly 80,000 applicants since. However, Arton says interest in the investment migration program has decreased drastically because of a recent cost increase, the program’s long approval process and the U.S. government’s fluctuating immigration legislation.
  • investment migration “is a way for sovereign states to raise debt-free capital and also to drive further foreign direct investment — and combine these programs with other policy areas — to really enhance investment in certain industries.”
  • The application takes months, if not years, to process, and it includes a thorough investigation into a person’s private and financial life.
  • On occasion, they may find incriminating information during an investigation, and advisers will contact a client to say, “‘Never, ever walk through our doors again. We’re burning all these files.’
  • part of the reason for the St. Lucia program’s intense vetting is to uphold the value of the country’s passport. It’s in St. Lucia’s best interest to stay in good standing with the 146 countries that allow St. Lucian passport holders visa-free travel.
Javier E

Vermont Resort Pulls in Big Foreign Investments - NYTimes.com - 0 views

  • even more unusual than the size of the undertaking is the method by which Mr. Stenger and his business partner, Ariel Quiros, are financing it. They have tapped into a federal program that gives green cards, or permanent residency, to foreigners who invest at least $500,000 in an American business — the reward for the investment is a chance at United States citizenship.
  • Mr. Stenger and Mr. Quiros are putting up $90 million themselves. But even at $785 million, this is one of the single biggest projects in the country financed under the investor program.
  • Congress created the visa program in 1990 to help stimulate the economy. Because of a cumbersome process and complaints of fraud and corruption, it was long underused. But a confluence of events in recent years has led to its rather sudden revival: the program was improved; the financial crisis of 2008 made it hard for developers to get loans from commercial banks; and foreign nationals, especially in China, were accumulating vast wealth and were eager for their children to study and live in the United States.
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  • In 2006, the government issued just 802 of these EB-5 visas to investors and their families; this year, it granted 7,818. The program is now growing so rapidly that in the next year or two the number issued will probably reach the annual limit of 10,000. For the first time in the program’s history, applicants may be turned away.
  • Investors must put up $1 million for a visa, but if they invest in a rural area or one with high unemployment, that is reduced to $500,000.
  • Mr. Stenger dismissed criticism that the visa program simply allowed rich people to jump ahead of others in line for citizenship. “Yes, it’s true that the investment is getting them their green card,” Mr. Stenger said. “But to say they’re buying their way into the country — well, they’re investing in products and programs that are having a tremendously positive impact on the community.”
Javier E

Chicago gave hundreds of high-risk kids a summer job. Violent crime arrests plummeted. ... - 0 views

  • A couple of years ago, the city of Chicago started a summer jobs program for teenagers attending high schools in some of the city's high-crime, low-income neighborhoods.
  • Students who were randomly assigned to participate in the program had 43 percent fewer violent-crime arrests over 16 months, compared to students in a control group.
  • Researcher Sara Heller conducted a randomized control trial with the program, in partnership with the city. The study included 1,634 teens at 13 high schools. They were, on average, C students, almost all of them eligible for free or reduced-price lunch. Twenty percent of the group had already been arrested, and 20 percent had already been victims of crime.
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  • There was a big difference, though, in the violent crime arrest data between the teenagers who got jobs and those who did not:
  • The teenagers in the control group participated in neither part of the program.
  • Heller, in fact, found that most of the decline came a few months later:
  • Some of the students were given part-time jobs through the program, working 25 hours a week at minimum wage ($8.25 in Illinois) with government or non-profit employers
  • If their added income allowed parents to work less, they may also have gotten more adult supervision.
  • It's also possible that students who were busy working simply didn't have idle time over the summer to commit crime — but that theory doesn't explain the long-term declines in violent arrests that occurred well after the summer program was over.
  • A lot of things could be going on here. Teenagers who might have committed crime to get money would no longer need to when they have a job.
  • That long-term benefit suggests that students who had access to jobs may have then found crime a less attractive alternative to work. Or perhaps their time on the job taught them how the labor market values education. Or maybe the work experience may have given them skills that enabled them to be more successful — and less prone to getting in trouble — back in school.
  • The results echo a common conclusion in education and health research: that public programs might do more with less by shifting from remediation to prevention.
  • The findings make clear that such programs need not be hugely costly to improve outcomes for disadvantaged youth; well-targeted, low-cost employment policies can make a substantial difference, even for a problem as destructive and complex as youth violence.
Javier E

What Is the U.S. Visa System for 'Skilled' Migrants? - The Atlantic - 0 views

  • The H-1B visa in particular, both its supporters and detractors argue, desperately needs an overhaul. Yet competing interests and disagreement over what needs fixing mean that, even with Trump’s administration having put restricting immigration flows at the center of its agenda, change is far from guaranteed.
  • The H-1B is one of several visa categories that allow foreign citizens to work while in the United States. Designed in the early 1990s as a temporary program to fill labor-market needs in highly specialized fields, such visas are issued in low numbers each year: This year’s cap was 85,000 in a nation with a labor force that’s estimated to be about 163 million people.
  • The White House has become more selective about approving new H-1B applications and changed the rules governing renewals so that the process is no longer automatic, as in Mahoney-Steel’s case.
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  • the administration is gradually making the program a little more restrictive overall. (This appears to have had little impact thus far on the number of people who have applied for H-1Bs—as Bloomberg Law noted, more than 201,000 people put in for the 85,000 visas issued this year, a 6 percent increase over the previous year’s figures.)
  • in the Immigration Act of 1990. That original legislation did two things: It expanded legal immigration by increasing the number of green cards awarded each year, and it updated a 1950s-era program for temporary workers of “distinguished merit and ability” by capping the number who could obtain the visa at 65,000. (The cap has varied over the years.) This new program, the H-1B, was designed for skilled, temporary workers in certain occupations.
  • what came next: the global tech boom and the birth of the outsourcing industry. Suddenly, what had begun as a temporary solution to address a labor shortage became a device through which hundreds of thousands of IT professionals from around the world, especially India, came to the United States. The program became a de facto path to permanent residence and, ultimately, American citizenship.
  • Ron Hira, an associate professor of public policy at Howard University in Washington, D.C., who studies the impact of the visa, says the H-1B prioritizes outsourcers, sets wages too low, and doesn’t address the problem it was created to solve—filling labor-market gaps.“The program has been flawed from the inception,” he told me. “My primary complaint is that it’s used for cheap indentured workers.”
  • cation process is expensive, costing upwards of $2,400 (not counting lawyer’s fees), and has become cumbersome, they argue, so no American company would voluntarily seek to hire a foreign worker when simply hiring an American one is far easier.
  • Previous administrations tried to walk the line between these competing interests, but the Trump administration, through its actions, is making the H-1B far more difficult to get—especially for Indian software companies, whose visa applications were rejected in record numbers last year.
  • all of the changes so far to the existing system have introduced an atmosphere of uncertainty for people like Mahoney-Steel. Johns Hopkins decided not to seek to renew her visa. She told me that her supervisors were trying to rewrite her job description, but that the position she occupied was deemed by her employers too generic to be a specialized skill.
aidenborst

What's in the $1.9 trillion rescue plan for small businesses - CNN - 0 views

  • The $1.9 trillion American Rescue Plan Act that President Joe Biden will sign into law on Friday contains a number of provisions intended to help small businesses, especially restaurants.
  • It authorizes another $7.25 billion for the Paycheck Protection Program, which offers forgivable loans to small businesses and other organizations hurt by the pandemic. The loans will only be forgiven, however, if at least 60% of the money is used to support payroll expenses and the remainder goes to mortgage interest, rent, utilities, personal protective equipment or certain other business expenses.
  • Despite the added funds, however, the legislation doesn't actually extend the program, which is currently set to expire on March 31.
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  • That means banks must decide how much longer they want to accept new applications, since it now takes 24 to 48 hours for a bank to hear back from the SBA on whether a submitted loan application has been approved.
  • Bank of America, for instance, stopped accepting new applications on Tuesday. "As the largest lender in the program since it began, we have 30,000 applications in process and want to allow enough time to complete the work and get each client's application through the SBA process by March 31," a bank spokesman said in an email to CNN Business.
  • The American Rescue Plan includes nearly $29 billion to create a grant program that provides direct relief to restaurants.
  • Another $15 billion will be added to the Shuttered Venue Operators Grants program, created by the previous economic aid package. The grants are intended to help those who run museum, theater, concert and other venues that had to shut down due to Covid restrictions. The bill also allows such operators to apply for PPP loans in addition to these grants.
  • To help the SBA administer all the new programs that have fallen under its purview as a result of the pandemic, the bill allocates another $1.325 billion to its budget.
Javier E

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

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

Barnes & Noble Takes Page From Amazon With $40-a-Year Membership Program - WSJ - 0 views

  • Barnes & Noble is launching a $40-a-year membership program that promises to offer 10% discounts, free shipping, a tote bag and bigger lattes to its members. 
  • In asking customers to pay an annual fee for a range of perks, the largest bookstore chain in the U.S. is following some of its competitors, including Amazon. com Inc. and Walmart Inc., whose respective Prime and Walmart+ programs offer no-minimum free shipping, among other benefits.
  • The bookseller is also launching a free, lower-tier membership program that allows members to earn a virtual stamp for every $10 spent online and in stores, and translate into a $5 credit for future purchases once 10 stamps have been accumulated. People who sign up for the $40 program also get the rebates.
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  • “If you don’t have a free program, the vast majority of your customers are blank to you,”
  • Mr. Daunt said the new paid-membership program would replace a previous one, which offered discounts for purchases made inside Barnes & Noble’s physical stores—as well as free shipping for most online orders—and cost $25 a year. That plan didn’t extend discounts to online shoppers, a strategy that Mr. Daunt said conflicts with the retailer’s strategy of making books available wherever customers want to buy them. 
Javier E

The Court Affirms Our Social Contract - The Atlantic - 0 views

  • the federal courts are the guardians of our Constitution. That is certainly true, but it not the whole story. In fact, the most important function of the federal courts is to legitimate state building by the political branches.
  • What is "state building?" Throughout our country's history, government has taken on many new functions. The early 19th century American state actually didn't do very much more than national defense and customs collection. The executive branch was tiny. Over the years, the federal government took on more and more obligations, offering new protections and new services for its citizens. After the Civil War, Congress passed a series of civil rights laws, it created the Interstate Commerce Commission to regulate railroads, it passed an income tax, and early in the twentieth century it created a central bank. State building really took off after the New Deal, which established the modern administrative and regulatory state and added a host of labor and consumer protection regulations, investments in infrastructure, and Social Security. The National Security State was born after World War II, and the 1960s brought new civil rights laws and new social welfare programs through the Great Society. At the turn of the 21st century, the federal government expanded its national security infrastructure even further, implementing vast new surveillance programs and strategies for dealing with terrorism
  • Whenever the federal government expands its capabilities, it changes the nature of the social compact. Sometimes the changes are small, but sometimes, as in the New Deal or the civil rights era, the changes are big. And when the changes are big, courts are called on to legitimate the changes and ensure that they are consistent with our ancient Constitution.
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  • The words "legitmate" and "ratify," however, are ambiguous terms. Courts do not simply rubber stamp what the political branches do. Rather, they set new ground rules. The government may do this as long as it doesn't do that. Legitimation is Janus-faced: it establishes what government can do by establishing what the government cannot do.
  • The real constitutional struggle begins in 1968, when Richard Nixon appointed four new conservative justices to the Court in his first term. These new justices accepted and ratified the changes of the 1960s, but also limited them in important ways. They made clear that the welfare state was constitutionally permissible but not constitutionally required, held that education was not a fundamental right, limited the use of busing to achieve racial integration, and halted the Warren Court's revolution in criminal procedure. The changes in social contract were ratified, but on more conservative terms.
  • Roberts held that the individual mandate could not be justified by Congress's power to regulate interstate commerce. If it was constitutional, it was only as a tax, which gave people a choice to purchase health insurance or pay a small penalty. As I have argued for many years, this is, in fact, the correct interpretation of what the mandate does. Once this point is accepted, the argument for the mandate's constitutionality is straightforward, and Roberts quickly showed why this was true.
  • Roberts' reasoning captures the dual nature of judicial legitimation. He has said to Congress: "You may compel people to enter into commercial transactions like the insurance mandate, but you may not do so as a direct order under the commerce power. Instead, you must do it through the taxing power, always giving people the choice to pay a tax instead. And as long as you structure the mandate as a tax, the people's rights are protected because they always have the right to throw their elected representatives out of office if they don't like the tax." Roberts' opinion thus harks back to a basic source of legitimacy enshrined in the American Revolution: "No taxation without representation."
  • the Medicaid extension. He argued that Congress may create new social programs that expand protection for the poor. But Congress may not tell states that they must accept the new programs or else lose all federal contributions to existing social programs of long standing. The federal government may, if it wants, totally fund the Medicaid extension out of its own pocket without any help from the states. It may abolish the old version of Medicaid and create a new version in its place identical to the expanded version. What it may not do, Roberts argued, is to leverage States' dependence on federal money in established social welfare programs to compel States to participate in new social welfare programs.
Javier E

When Cops Check Facebook - The Atlantic - 0 views

  • The fundamental problem with policing via social-media data is that it misrepresents what social networks actually look like on the ground. Despite what techno-evangelists might wish, not all social relationships can be described using computational logic
  • A like button is merely a tool. Humans use tools in breathtakingly creative ways—this is one of the many exciting and inspiring things about social uses of technology. However, the meaning a person imparts to an action on a social-media platform does not always correspond to the actual intent. In real-life social interactions, nuance is everything. On social media, where that nuance is obscured, we ought to be hyper-critical about the ethical ramifications of using social media data for real-world judgments.
  • On Facebook, there are only two options for a post: either you click the like button, or you don’t click the like button. There’s no field for someone like Jelani Henry to indicate “I clicked the like button on this post so I wouldn’t get harassed on my way to school.” A like is simply a number used as a flag, true (1) or false (0). Humans are the ones who invest likes with context and meaning. The computer only displays the results of its computation.
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  • When you click to show the list of people who “liked” a post, you probably think you’re getting a list of people who expressed positive sentiment toward a particular combination of sentences. But computationally, what you’re getting is slightly different. “Show me a list of the people who liked a Facebook post” is actually a command more like “Display a list of FirstName and LastName for usernames where the flag LikedThisPost = True.” There are a lot of assumptions built in there.
  • There’s the assumption that the username corresponds to a single real person, which is not always true—people have multiple Facebook accounts, and some accounts have multiple people posting to them, and some accounts are fake
  • There’s the assumption that the agent that clicked the like button is the same person referred to by the username—not necessarily true. People often forget to log out of their Facebook accounts on desktops and laptops, or use other people’s phones to browse social media
  • The problem is structural and epistemological. Like all computer programs, databases are ultimately based on binary logic. If you want shades of meaning, you have to explicitly build that capability into your system. And building nuance is far harder than it seems.
  • For the kid listed in a gang database, it can be unclear how to get out of it. In the world of human interaction, we accept change through behavior: the addict can redeem himself by getting clean, or the habitual interrupter can redeem himself by not interrupting. We accept behavior change. But in the database world, unless someone has permission to delete or amend a database record, no such change is possible
  • The National Gang Center, in its list of gang-related legislation, shows only 12 states with policies that specifically address gang databases. Most deny the public access to the information in these databases. Only a few of these twelve mention regular purging of information, and some specifically say that a person cannot even find out if they have a record in the database
  • . “The last time that the gang unit purged its files, however, was in 1993—approximately 4 years before this study was conducted,” he wrote. “One clerk who is responsible for data entry and dissemination estimated, ‘At a minimum, 400 to 500 gang members would be deleted off the gang list today if we went through the files.
  • n predict what book I want to buy next, hasn’t this problem already been solved?” The answer is inevitably no. When computer scientists were building the Internet in the late 1990s, there weren’t any widely adopted or established ethical guidelines because we were building these systems for the first time in human history.
  • We also need to acknowledge that computer systems are not a panacea. “Your program really does stink, and the sooner you get used to the idea, the better,” writes Nathan S. Borenstein in Programming as if People Mattered. “The inadequacies of your software are simply a reflection of your frail, shortsighted, and limited human nature. Every program ever built is doomed to eventual obsolescence.” We need to put people before programs, and if programs don’t reflect our human values, we need to change the code. And if programmers can’t write code that is fair and just, we should consider relying on people instead of programs.
  • If American law enforcement is going to go deeper into the brave new world of data-driven policing, we need to create systems that have human values embedded in them. If our technological systems are entrapping innocent citizens or tampering with the presumption of innocence, should they be used?
katyshannon

China to Announce Cap-and-Trade Program to Limit Emissions - The New York Times - 0 views

  • WASHINGTON — President Xi Jinping of China will make a landmark commitment on Friday to start a national program in 2017 that will limit and put a price on greenhouse gas emissions, Obama administration officials said Thursday
  • The move to create a so-called cap-and-trade system would be a substantial step by the world’s largest polluter to reduce emissions from major industries, including steel, cement, paper and electric power.
  • it is not clear whether China will be able to enact and enforce a program that substantially limits emissions.
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  • China’s economy depends heavily on cheap coal-fired electricity, and the country has a history of balking at outside reviews of its industries. China has also been plagued by major corruption cases, particularly among coal companies.
  • Domestic and external pressures have driven the Chinese government to take firmer action to curb emissions from fossil fuels, especially coal. Growing public anger about the noxious air that often envelops Beijing and many other Chinese cities has prompted the government to introduce restrictions on coal and other sources of smog, with the side benefit of reducing carbon dioxide pollution.
  • The climate deal will be a substantial, if rare, bright spot in a wide-ranging summit meeting that is expected to be dominated by potential sources of friction between Mr. Obama and Mr. Xi.
  • The president plans to raise a number of contentious topics on Friday, White House aides said, including cyberattacks on American companies and government agencies, China’s increasingly aggressive reclamation of islands and atolls in disputed areas of the South China Sea, and Mr. Xi’s clampdown on dissidents and lawyers in China.
  • Under a cap-and-trade system, a concept created by American economists, governments place a cap on the amount of carbon pollution that may be emitted annually. Companies can then buy and sell permits to pollute. Western economists have long backed the idea as a market-driven way to push industry to cleaner forms of energy, by making polluting energy more expensive.
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    China's program to reduce emissions
Javier E

Who Turned My Blue State Red? - The New York Times - 0 views

  • IT is one of the central political puzzles of our time: Parts of the country that depend on the safety-net programs supported by Democrats are increasingly voting for Republicans who favor shredding that net.
  • The temptation for coastal liberals is to shake their heads over those godforsaken white-working-class provincials who are voting against their own interests.
  • this reaction misses the complexity of the political dynamic that’s taken hold in these parts of the country. It misdiagnoses the Democratic Party’s growing conundrum with working-class white voters. And it also keeps us from fully grasping what’s going on in communities where conditions have deteriorated
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  • the people who most rely on the safety-net programs secured by Democrats are, by and large, not voting against their own interests by electing Republicans. Rather, they are not voting, period. They have, as voting data, surveys and my own reporting suggest, become profoundly disconnected from the political process.
  • The people in these communities who are voting Republican in larger proportions are those who are a notch or two up the economic ladder — the sheriff’s deputy, the teacher, the highway worker, the motel clerk, the gas station owner and the coal miner. And their growing allegiance to the Republicans is, in part, a reaction against what they perceive, among those below them on the economic ladder, as a growing dependency on the safety net, the most visible manifestation of downward mobility in their declining towns.
  • After having her first child as a teenager, marrying young and divorcing, Ms. Dougherty had faced bleak prospects. But she had gotten safety-net support — most crucially, taxpayer-funded tuition breaks to attend community college, where she’d earned her nursing degree.
  • She landed a steady job at a nearby dialysis center and remarried. But this didn’t make her a lasting supporter of safety-net programs like those that helped her. Instead, Ms. Dougherty had become a staunch opponent of them. She was reacting, she said, against the sense of entitlement she saw on display at the dialysis center
  • “People waltz in when they want to,” she said, explaining that, in her opinion, there was too little asked of patients. There was nothing that said “‘You’re getting a great benefit here, why not put in a little bit yourself.’ ” At least when she got her tuition help, she said, she had to keep up her grades. “When you’re getting assistance, there should be hoops to jump through so that you’re paying a price for your behavior,” she said. “What’s wrong with that?”
  • these voters are consciously opting against a Democratic economic agenda that they see as bad for them and good for other people — specifically, those undeserving benefit-recipients who live nearby.
  • Where opposition to the social safety net has long been fed by the specter of undeserving inner-city African-Americans — think of Ronald Reagan’s notorious “welfare queen” — in places like Pike County it’s fueled, more and more, by people’s resentment over rising dependency they see among their own neighbors, even their own families.
  • This political disconnect among lower-income Americans has huge ramifications — polls find nonvoters are far more likely to favor spending on the poor and on government services than are voters, and the gap grows even larger among poor nonvoters
  • THAT pattern is right in line with surveys, which show a decades-long decline in support for redistributive policies and an increase in conservatism in the electorate even as inequality worsens. There has been a particularly sharp drop in support for redistribution among older Americans,
  • researchers such as Kathryn Edin, of Johns Hopkins University, found a tendency by many Americans in the second lowest quintile of the income ladder — the working or lower-middle class — to dissociate themselves from those at the bottom, where many once resided. “There’s this virulent social distancing — suddenly, you’re a worker and anyone who is not a worker is a bad person,” said Professor Edin. “They’re playing to the middle fifth and saying, ‘I’m not those people.’ ”
  • Meanwhile, many people who in fact most use and need social benefits are simply not voting at all. Voter participation is low among the poorest Americans, and in many parts of the country that have moved red, the rates have fallen off the charts. West Virginia ranked 50th for turnout in 2012; also in the bottom 10 were other states that have shifted sharply red in recent years, including Kentucky, Arkansas and Tennessee.
  • The political upshot is plain, Mr. Cauley added. “It’s not the people on the draw that’s voting against” the Democrats, he said. “It’s everyone else.”
  • low turnout by poor Kentuckians explained why the state’s Obamacare gains wouldn’t help Democrats. “I remember being in the room when Jennings was asked whether or not Republicans were afraid of the electoral consequences of displacing 400,000-500,000 people who have insurance,” State Auditor Adam Edelen, a Democrat who lost his re-election bid this year, told Joe Sonka, a Louisville journalist. “And he simply said, ‘People on Medicaid don’t vote.’
  • Republicans, of course, would argue that the shift in their direction among voters slightly higher up the ladder is the natural progression of things — people recognize that government programs are prolonging the economic doldrums and that Republicans have a better economic program.
  • it means redoubling efforts to mobilize the people who benefit from the programs. This is no easy task with the rural poor, who are much more geographically scattered than their urban counterparts. Not helping matters in this regard is the decline of local institutions like labor unions — while the United Mine Workers of America once drove turnout in coal country, today there is not a single unionized mine still operating in Kentucky.
  • it also means reckoning with the other half of the dynamic — finding ways to reduce the resentment that those slightly higher on the income ladder feel toward dependency in their midst. One way to do this is to make sure the programs are as tightly administered as possible. Instances of fraud and abuse are far rarer than welfare opponents would have one believe, but it only takes a few glaring instances to create a lasting impression
  • The best way to reduce resentment, though, would be to bring about true economic growth in the areas where the use of government benefits is on the rise,
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