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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.

educators say the newly adopted and proposed laws are already forcing teachers to second-guess whether they can lead students in conversations about race and structural racism that many feel are critical at a time the nation is navigating an important reckoning on those issues.

In Texas, a bill that has passed both chambers of the Republican-controlled Legislature would impose restrictions similar to Oklahoma's, including banning public universities from requiring students to take diversity training. It would also require teachers who discuss ugly episodes in history, or controversial current events, to explore "contending perspectives without giving deference to any one perspective."

"What if they say the wrong thing?" Lewis said. "What if somebody in their class during the critical thinking brings up the word oppression or systemic racism? Are they in danger? Is their job in danger?"

"We need to do it, because our students desire it," she said. "But how do we do that without opening Oklahoma City public schools up to a lawsuit?"

Lewis acknowledged that in a conservative state such as Oklahoma, there are many parents – especially white ones – who support the idea of shielding their children from uncomfortable conversations about race. But she said that's why they're so important.

Texas teachers already feel that pressure, including one of her colleagues who during the pandemic gave students a virtual lesson on race and prejudice in U.S. society.

"Then he wrote an email to the administration complaining that the teacher was accusing his child of being a racist when they were having a conversation about implicit bias and what implicit bias is and how it affects us," Dougherty said.

She said she knows teachers who are already self-censoring. They're "afraid to speak out on issues because they feel there are going to be repercussions from their districts," she said.

"Does the state of Texas want me to stand up and spend class time saying, well, let's look at all sides of this topic?" Kleiman said. "I don't think that's what the state of Texas wants. But that's what this bill does." Facebook Twitter Flipboard Email

"Companies that exploit their workers have no place doing business in the United States," said Secretary of Homeland Security Alejandro Mayorkas in a statement. "Products made from forced labor not only exploit workers, but hurt American businesses and expose consumers to unethical purchases."

Earlier this week, U.S. Trade Representative Katherine Tai also called attention to the issue of forced labor on fishing vessels, submitting a proposal to the World Trade Organization to curb subsidies to fishing activities that involve the use of forced labor and requiring that member countries recognize the problem.

The Trump administration, during its last week in office, implemented a ban on the import of cotton and tomato products from China's Xinjiang region. The sweeping prohibition followed allegations that products were being produced by Uighur Muslims working under involuntary conditions and forced labor.

In September, in a similar effort, the U.S. prohibited the import of certain Chinese-made hair products, apparel and computer parts over concerns of forced labor — again in the Xinjiang region.

"DHS will continue to aggressively investigate the use of forced labor by distant water fishing vessels, and by a wide range of other industries," said Secretary Mayorkas in a news briefing. "Producers and U.S. importers alike should understand that there will be consequences for entities that attempt to exploit workers to sell goods in the United States." Facebook Twitter Flipboard Email

With the tool, people infected with the coronavirus would notify a public health app that they have it, which would then alert phones that had recently come into proximity with that person’s device. The companies would need to get public-health authorities to agree to link their app to the tool.

There are already third-party tools for contact tracing, including from public health authorities and the Massachusetts Institute of Technology. In March, the government of Singapore introduced a similar coronavirus contact-tracing app, called TraceTogether, that detects mobile phones that are nearby.

One challenge for third-party apps is that they must run constantly — 24 hours a day, seven days a week — to be effective. Google said some Android smartphone manufacturers shut down those applications to save battery life.

Apple and Google said their tool would also constantly run in the background if people opt to use it, logging nearby devices through the short-range wireless technology Bluetooth. But it would eat up less battery life and be more reliable than third-party apps, they said.

“This data could empower members of the general population to make informed decisions about their own health in terms of self-quarantining,” said Dr. Reid. “But it doesn’t replace the public health imperative that we scale up contact tracing in the public health departments” around the world.

Other phones will constantly check those servers for the broadcast beacons of devices they had come near in the past 14 days. If there is a match, those people will receive an alert that they had likely come into contact with an infected person.

Apple and Google said they were discussing how much information to include in those alerts with health officials, aiming to strike a balance between being helpful while also protecting the privacy of those who have the coronavirus.

Once someone reports his or her infection to a public-health app, the tool will send the phone’s so-called broadcast beacons, or anonymous identifiers connected to the device, to central computer servers.

Apple and Google said they would make the tool’s underlying technology available to third-party apps by mid-May and publicly release the tool “in the coming months.” The companies said the tool would not collect devices’ locations — it only tracked proximity to other devices — and would keep people anonymous in the central servers.

The European Commission, the executive of the 27-nation bloc, said on Wednesday that “a fragmented and uncoordinated approach risks hampering the effectiveness” of such apps.

“The danger is, as you roll out these voluntary solutions and they gain adoption, it’s more likely that they are going to become compulsory,” said Mr. Soltani, a former chief technologist for the Federal Trade Commission.

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.

the rollout of one-stop search tools is "really intentionally trying to change the way people do research,"

Mr. Asher believes that "it’s a logical impossibility to create a querying tool that doesn’t have any form of bias." He speculates that discovery vendors may have better information about their own content, boosting certain articles higher in results.

Vendors of discovery tools will make deals with providers that sell content to libraries, he says, so that content can be represented in the discovery tools’ indexes and made available for search. (Beyond products from Ebsco and ProQuest, other major tools in this genre, known as "web scale" or "index based" discovery, include Primo, from Ex Libris, and WorldCat Discovery Services, from OCLC.)

Mr. Asher’s experiment discovered that default settings of the tools had a major effect on what resources students chose. Working with Google Scholar, which is integrated with Google Books, students used more books. With Summon, they used a lot of shorter newspaper and magazine articles. With ­Ebsco Discovery Service, they used more journals, which meant they scored highest under the study’s rating rubric.

"That’s bound to change what people find."

the competition for student and faculty attention has only intensified since 2004, when Google’s "simple way to broadly search for scholarly literature" made its debut. That free service, called Google Scholar, has many fans in academe.

Mr. Asher is familiar with the criticisms of Google Scholar. After all, his own study listed them: "limited advanced search functionality, incomplete or inaccurate metadata, inflated citation counts, lack of usage statistics, and inconsistent coverage across disciplines."

"I kind of hate to say it, since I am a librarian," he says. "We pay a lot of money for discovery tools. And then I go off and just use Google Scholar."

Currently, those who criticize the results receive much attention,” he told Funke Group newspapers in an interview published Saturday. “But the deeper you look into the agreement, the more you see its quality.”

it’s not just law enforcement: Clearview has also licensed the app to at least a handful of companies for security purposes.

“The weaponization possibilities of this are endless,” said Eric Goldman, co-director of the High Tech Law Institute at Santa Clara University. “Imagine a rogue law enforcement officer who wants to stalk potential romantic partners, or a foreign government using this to dig up secrets about people to blackmail them or throw them in jail.”

While the company was dodging me, it was also monitoring me. At my request, a number of police officers had run my photo through the Clearview app. They soon received phone calls from company representatives asking if they were talking to the media — a sign that Clearview has the ability and, in this case, the appetite to monitor whom law enforcement is searching for.

The company eventually started answering my questions, saying that its earlier silence was typical of an early-stage start-up in stealth mode. Mr. Ton-That acknowledged designing a prototype for use with augmented-reality glasses but said the company had no plans to release it.

In addition to Mr. Ton-That, Clearview was founded by Richard Schwartz — who was an aide to Rudolph W. Giuliani when he was mayor of New York — and backed financially by Peter Thiel, a venture capitalist behind Facebook and Palantir.

“I’ve come to the conclusion that because information constantly increases, there’s never going to be privacy,” Mr. Scalzo said. “Laws have to determine what’s legal, but you can’t ban technology. Sure, that might lead to a dystopian future or something, but you can’t ban it.”

“In 2017, Peter gave a talented young founder $200,000, which two years later converted to equity in Clearview AI,” said Jeremiah Hall, Mr. Thiel’s spokesman. “That was Peter’s only contribution; he is not involved in the company.”

He began in 2016 by recruiting a couple of engineers. One helped design a program that can automatically collect images of people’s faces from across the internet, such as employment sites, news sites, educational sites, and social networks including Facebook, YouTube, Twitter, Instagram and even Venmo

Representatives of those companies said their policies prohibit such scraping, and Twitter said it explicitly banned use of its data for facial recognition

Another engineer was hired to perfect a facial recognition algorithm that was derived from academic papers. The result: a system that uses what Mr. Ton-That described as a “state-of-the-art neural net” to convert all the images into mathematical formulas, or vectors, based on facial geometry — like how far apart a person’s eyes are

Clearview created a vast directory that clustered all the photos with similar vectors into “neighborhoods.”

When a user uploads a photo of a face into Clearview’s system, it converts the face into a vector and then shows all the scraped photos stored in that vector’s neighborhood — along with the links to the sites from which those images came.

Mr. Schwartz paid for server costs and basic expenses, but the operation was bare bones; everyone worked from home. “I was living on credit card debt,” Mr. Ton-That said. “Plus, I was a Bitcoin believer, so I had some of those.”

The company soon changed its name to Clearview AI and began marketing to law enforcement. That was when the company got its first round of funding from outside investors: Mr. Thiel and Kirenaga Partners

Mr. Schwartz and Mr. Ton-That met in 2016 at a book event at the Manhattan Institute, a conservative think tank. Mr. Schwartz, now 61, had amassed an impressive Rolodex working for Mr. Giuliani in the 1990s and serving as the editorial page editor of The New York Daily News in the early 2000s. The two soon decided to go into the facial recognition business together: Mr. Ton-That would build the app, and Mr. Schwartz would use his contacts to drum up commercial interest.

They immediately got a match: The man appeared in a video that someone had posted on social media, and his name was included in a caption on the video. “He did not have a driver’s license and hadn’t been arrested as an adult, so he wasn’t in government databases,”

The man was arrested and charged; Mr. Cohen said he probably wouldn’t have been identified without the ability to search social media for his face. The Indiana State Police became Clearview’s first paying customer, according to the company

Clearview deployed current and former Republican officials to approach police forces, offering free trials and annual licenses for as little as $2,000. Mr. Schwartz tapped his political connections to help make government officials aware of the tool

The company’s most effective sales technique was offering 30-day free trials to officers, who then encouraged their acquisition departments to sign up and praised the tool to officers from other police departments at conferences and online, according to the company and documents provided by police departments in response to public-record requests. Mr. Ton-That finally had his viral hit.

Photos “could be covertly taken with telephoto lens and input into the software, without ‘burning’ the surveillance operation,” the detective wrote in the email, provided to The Times by two researchers,

Sergeant Ferrara found Clearview’s app superior, he said. Its nationwide database of images is much larger, and unlike FACES, Clearview’s algorithm doesn’t require photos of people looking straight at the camera.

“With Clearview, you can use photos that aren’t perfect,” Sergeant Ferrara said. “A person can be wearing a hat or glasses, or it can be a profile shot or partial view of their face.”

Mr. Ton-That said the tool does not always work. Most of the photos in Clearview’s database are taken at eye level. Much of the material that the police upload is from surveillance cameras mounted on ceilings or high on walls.

Despite that, the company said, its tool finds matches up to 75 percent of the time. But it is unclear how often the tool delivers false matches, because it has not been tested by an independent party

One reason that Clearview is catching on is that its service is unique. That’s because Facebook and other social media sites prohibit people from scraping users’ images — Clearview is violating the sites’ terms of service.

Some law enforcement officials said they didn’t realize the photos they uploaded were being sent to and stored on Clearview’s servers. Clearview tries to pre-empt concerns with an F.A.Q. document given to would-be clients that says its customer-support employees won’t look at the photos that the police upload.

Mr. Clement, now a partner at Kirkland & Ellis, wrote that the authorities don’t have to tell defendants that they were identified via Clearview, as long as it isn’t the sole basis for getting a warrant to arrest them.

Because the police upload photos of people they’re trying to identify, Clearview possesses a growing database of individuals who have attracted attention from law enforcement. The company also has the ability to manipulate the results that the police see.

After the company realized I was asking officers to run my photo through the app, my face was flagged by Clearview’s systems and for a while showed no matches. When asked about this, Mr. Ton-That laughed and called it a “software bug.”

“It’s creepy what they’re doing, but there will be many more of these companies. There is no monopoly on math,” said Al Gidari, a privacy professor at Stanford Law School. “Absent a very strong federal privacy law, we’re all screwed.”

But if your profile has already been scraped, it is too late. The company keeps all the images it has scraped even if they are later deleted or taken down, though Mr. Ton-That said the company was working on a tool that would let people request that images be removed if they had been taken down from the website of origin

Woodrow Hartzog, a professor of law and computer science at Northeastern University in Boston, sees Clearview as the latest proof that facial recognition should be banned in the United States.

We’ve relied on industry efforts to self-police and not embrace such a risky technology, but now those dams are breaking because there is so much money on the table,”

“I don’t see a future where we harness the benefits of face recognition technology without the crippling abuse of the surveillance that comes with it. The only way to stop it is to ban it.”

Mr. Ton-That said he was reluctant. “There’s always going to be a community of bad people who will misuse it,” he said.

Even if Clearview doesn’t make its app publicly available, a copycat company might, now that the taboo is broken. Searching someone by face could become as easy as Googling a name

Someone walking down the street would be immediately identifiable — and his or her home address would be only a few clicks away. It would herald the end of public anonymity.

Google’s generative-AI-powered search is the true nightmare for publishers. Across the media world, Google generates nearly 40% of publishers’ traffic, accounting for the largest share of their “referrals,” according to a Wall Street Journal analysis of data from measurement firm SimilarWeb. 

“AI and large language models have the potential to destroy journalism and media brands as we know them,” said Mathias Döpfner, chairman and CEO of Axel Springer,

His company, one of Europe’s largest publishers and the owner of U.S. publications Politico and Business Insider, this week announced a deal to license its content to generative-AI specialist OpenAI.

publishers have seen enough to estimate that they will lose between 20% and 40% of their Google-generated traffic if anything resembling recent iterations rolls out widely. Google has said it is giving priority to sending traffic to publishers.

The rise of AI is the latest and most anxiety-inducing chapter in the long, uneasy marriage between Google and publishers, which have been bound to each other through a basic transaction: Google helps publishers be found by readers, and publishers give Google information—millions of pages of web content—to make its search engine useful.

Already, publishers are reeling from a major decline in traffic sourced from social-media sites, as both Meta and X, the former Twitter, have pulled away from distributing news.

, Google’s AI search was trained, in part, on their content and other material from across the web—without payment. 

Google’s view is that anything available on the open internet is fair game for training AI models. The company cites a legal doctrine that allows portions of a copyrighted work to be used without permission for cases such as criticism, news reporting or research.

The changes risk damaging website owners that produce the written material vital to both Google’s search engine and its powerful AI models.

“If Google kills too many publishers, it can’t build the LLM,”

Barry Diller, chairman of IAC and Expedia, said all major AI companies, including Google and rivals like OpenAI, have promised that they would continue to send traffic to publishers’ sites. “How they do it, they’ve been very clear to us and others, they don’t really know,” he said.

All of this has led Google and publishers to carry out an increasingly complex dialogue. In some meetings, Google is pitching the potential benefits of the other AI tools it is building, including one that would help with the writing and publishing of news articles

At the same time, publishers are seeking reassurances from Google that it will protect their businesses from an AI-powered search tool that will likely shrink their traffic, and they are making clear they expect to be paid for content used in AI training.

“Any attempts to estimate the traffic impact of our SGE experiment are entirely speculative at this stage as we continue to rapidly evolve the user experience and design, including how links are displayed, and we closely monitor internal data from our tests,” Reid said.

Many of IAC’s properties, like Brides, Investopedia and the Spruce, get more than 80% of their traffic from Google

Google began rolling out the AI search tool in May by letting users opt into testing. Using a chat interface that can understand longer queries in natural language, it aims to deliver what it calls “snapshots”—or summaries—of the answer, instead of the more link-heavy responses it has traditionally served up in search results. 

Google at first didn’t include links within the responses, instead placing them in boxes to the right of the passage. It later added in-line links following feedback from early users. Some more recent versions require users to click a button to expand the summary before getting links. Google doesn’t describe the links as source material but rather as corroboration of its summaries.

During Chinese President Xi Jinping’s recent visit to San Francisco, the Google AI search bot responded to the question “What did President Xi say?” with two quotes from his opening remarks. Users had to click on a little red arrow to expand the response and see a link to the CNBC story that the remarks were taken from. The CNBC story also sat over on the far right-hand side of the screen in an image box.

The same query in Google’s regular search engine turned up a different quote from Xi’s remarks, but a link to the NBC News article it came from was beneath the paragraph, atop a long list of news stories from other sources like CNN and PBS.

Google’s Reid said AI is the future of search and expects its new tool to result in more queries.

“The number of information needs in the world is not a fixed number,” she said. “It actually grows as information becomes more accessible, becomes easier, becomes more powerful in understanding it.”

Testing has suggested that AI isn’t the right tool for answering every query, she said.

Many publishers are opting to insert code in their websites to block AI tools from “crawling” them for content. But blocking Google is thorny, because publishers must allow their sites to be crawled in order to be indexed by its search engine—and therefore visible to users searching for their content.To some in the publishing world there was an implicit threat in Google’s policy: Let us train on your content or you’ll be hard to find on the internet.

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.