It’s Not My Fault!

Watch Neil Cavuto of the Fox Business Channel interview one of the student leaders, Keeley Mullen,  of the Million Student March in November of 2015.  Pay attention to her list of demands and her reasoning … for what there was of it.

There’s the familiar clamor for money: $15/hr. student minimum wage, free college education, and vanquishing all student loan debt.  When asked who’s going to pay for the largesse, Keeley’s train of logic goes off the tracks. She clearly sets her sites on the usual suspects of the “1%” and the “corporate model” of education.  The rich and an abstraction  are either at fault or to be looted.  The incoherency is astounding.

Next, look at the furor faced by Yale’s Prof. Nicholas Christakis in November 2015 for asking students to lighten up and accept some semblance of free speech on campus (see Sources for a full account).  Look for the crowd’s regimented mannerisms of finger clicking and turning one’s back with arms elevated and crossed above the head.  And, of course, listen for the self-anointed victim’s insistence of an apology for ethereal hurts and accommodations to recover from the hard-to-pin-down harms.

The screams and assertions-without-proof come from an assumption that the power to control lies with the self-identified victim.  The fingered and generalized “perp” is to have no defense.  Those who disagree with the mob enter into discourse at great peril.

Speaking of mobs, view this scene at UC Berkeley in October of 2016 as student activists blocked white students from entering Sather Gate.  Prominent on the barricades were LGBTQ firebrands.

The chant “Go Around” was aimed at white students for their purported “privilege”.  Again, the stench of victimhood surrounds the event.

Or, rocket forward to January 2017 and the Women’s March.  Here Ashley Judd strays into the Hitler cliché in a Trump diatribe along with the laundry list of bogeymen including a variety of “isms” and misogyny.

This is not one of Ashley’s finer moments.

Alicia Keys stepped to the mike with a syncopated chant of “We’re on fire”.  By now, the March’s bellicosity has become quite trite (to borrow the phonetic rhythm of the Keys’ style of speechifying).

Scarlett Johanssen took her turn on stage to carry on with the misogyny angle and elevate Planned Parenthood (PP) to the Godhead.  Did it occur to her that the debate about PP in public policy revolves around the question of making others pay for it?  She could donate her annual salary – all tax deductible –  for the next number of years to keep the thing afloat, so long as PP avoids the Auschwitz model of body parts marketing.

What do the above clips have in common, besides the fact that they’re all examples of Lefty activism?  They project the alluring facade of group persecution.  No single individual is responsible for anything.  Groups carry a ready-made pardon for any and all conduct, if you’re so lucky as to land in the right cluster of fashionable victims.  Their absolution can be reduced to the refrain, “It’s not my fault”.

Lately, the Right hasn’t been immune to the intoxicant.  The manic-Right steps in it as they bemoan anything foreign, differently pigmented, and the wispy “establishment”.  Railing against affirmative action has become an easy crutch to explain away a lack of industriousness by some – even though, in the case of affirmative action, it must be admitted that we have a program to benefit victims that creates victims.  The effort is a walking contradiction.

Our modern fixation with blaming others has a pedigree going back to Genesis, if you’re a fundamentalist – if not, then figuratively speaking.  Blaming others is first on the checklist to escape responsibility reaching back to Eve’s appetite for fruit.

We’ve become very ingenious in inventing schemes to dodge personal guilt.  Our imaginations run wild in dreaming of social and political systems, and the philosophies to go with them, to circumvent individual accountability by subsuming difficulties in mysterious evildoers.  Today’s campus snowflake has the same train of thought as yesterday’s Parisian mob parading around the streets with the heads of the Bastille’s guards on pikes.

The Paris mob with the heads of the guards on pikes after the guards ventured out of the fortress to negotiate their own surrender.
Mostly college students in the downtown area of Los Angeles to protest the election of Donald Trump, Nov. 8-9, 2016.

Surely there were many in the Paris crowd who found the behavior revolting, just as there probably were “safe space” activists who objected to the recent muscling of Charles Murray as goons also set about inflicting a concussion on his professorial escort at Middlebury College.  Still, group guiltlessness, no matter the moment in history, provides cover for barbarity.  Indeed, it’s the lubricant.

Students disrupt Charles Murray during his presentation at Middlebury College, March 2, 2017.

Denouncing others for your problems has been the principle incubator of government’s ruination of their own people.  Take 2 examples from the 20th century: Argentina’s slide into Peronism and Weimar Germany’s inter-war dance with hyperinflation.

You could say that Germany’s affliction with hyper-inflation in the 1920’s was baked in the cake.  Many Germans at the time liked to blame the Versailles Treaty and its reparations burden for its problems.  More correctly, Germany’s government flooded the country with Treasury bills that were translated into money in order to finance the war.  A money glut already existed by the time the guns fell silent on 11-11-11-1918.

Then, after the war, the monetary fire hose was yanked wide open by Germany’s elected government because it suited popular interests.  Public debt shot up as spending expanded on things like generous public employee compensation while tax revenues stagnated from massive tax evasion.  Inflation was welcomed by German exporters – it made German products cheaper in overseas markets – and government officials and their supporters as a way to injure the Allies and their reparations’ bill with worthless script.

The witches’ brew culminated in 4.97 x 1020 marks circulating about the country.  The annual inflation rate reached its zenith at 182 billion percent by the end of 1923.  Those on inflexible incomes as in salaried workers, pensioners, and depositors were wrecked.

A billion mark note, November, 1923. Large denominations were necessary to conduct transactions.
Worthless marks, 1923. Sweeping them off the streets as litter and a woman lighting a fire with it.

In all of it, lurking deep in the German pscyhe, was an unwillingness to accept their defeat.  As ex-Harvard and Stanford professor Niall Ferguson concludes in his The Ascent of Money (p. 105),

“… a combination of internal gridlock and external defiance – rooted in the refusal of many Germans to accept that their empire had been fairly beaten – led to the worst of all possible outcomes: a complete collapse of the currency and of the economy itself.”

Germany’s cavalier treatment of fiscal and monetary matters has its tentacles in a widespread psychological predisposition to reject the war’s outcome, and in a reflex to blame others.  The skids were greased for the rise of the then nascent NSDAP (Nazi Party).  More about that later.

Juan Peron drinking coffee between 1945 and 1955.

It just so happens that travelling around Italy well into the rule of il Duce (Mussolini) was an Argentinian military officer, Juan Peron.  On assignment by the War Ministry in 1939 to study mountain warfare in the Alps, attend the University of Turin, and perform as military observer in Europe, he became acquainted with Italian Fascism.  The experience would leave an impression.

His valuable assistance in a couple of military coups, and a deepening partnership with powerful labor unions, would ensure his rise to power.  The political marriage of Peron and Argentina’s mega-unions was made possible by his championing of their power, benefits, and perks in his his role as Labor Minister and later as Vice-President.   The well-traveled route to ruination is programmed in the GPS: sympathies turned into extravagant giveaways to powerful special interests.

Peron as Vice President (r) and his political benefactor, Pres. Edelmiro Farrell, 1945.

The distinction in popular American conversation between fascism and the Left is more of a naked prejudice than a reality.  It shows in the career of Juan Peron.  In 1945, Peron is running for president as the Labor Party’s candidate, having previously established himself as the champion of their cause for years.  The unions, and his wife’s (Evita) demagoguery, rescued him from jail so he could run as president.   He ran as the unions’ protector and bulwark against Yanqui (U.S.) interference, a familiar leftist trope.  His fascist sympathies were apparent to American officials during the war, raising concerns about Argentina’s intentions in the latter stages of the war.

His fascist connections would bear fruit in a kind of underground railroad to Argentina for Nazi war criminals.  Such is the ideological mish-mash of Peronism.

So, what is Peronism?  It’s a disparate collection of ideas and beliefs that can be boiled down to “It’s not my fault”.  The first gambit of professed guiltlessness is to throw aspersions at the Left’s favorite foil, the rich.  In 1948, Peron spelled it out in a speech.

“… economic policy which maintained that this was a permanent and perfect school of capitalist exploitation should be replaced by a doctrine of social economy under which the distribution of our wealth, which we force the earth to yield up to us and which furthermore we are elaborating, may be shared out fairly among all those who have contributed by their efforts to amass it.” [my emphasis]

This kind of thing might just as easily come out of the mouths of today’s social justice warriors.  In fact, it did.  I refer you to Keeley Mullen at the beginning.

Peron put a label on his gambit, “Justicialism”.  Anyway, it’s the same old victim/victimizer dualism at work in a set of different geographical coordinates.  Peron condensed the oppressed down to the “workers”.  Point #4 of his “Twenty Truths” says, “There is only one class of men for the Perónist cause: the workers”.

Practically speaking, what did this secular sermonizing mean for the fortunes of the country?  The economy was politicized and the nation became a basket case of bailouts, national defaults, and international financial interventions.  Per capita (per person) GDP was the same in 1988 as it was 1959.  The economy didn’t grow – a complete reversal of the situation from around the turn of the century (1870-1913).  Argentina would be overtaken by the “Asian tigers” (Singapore, Taiwan, Japan, South Korea).

Inflation, that ‘ol government-engineered bugaboo, would flair up in double digits between 1945-1952, 1956-1968, 1970-1974; and reach new heights of ferocity by trebling and quadrupling in 1975-1990.  The crescendo was 5,000% in 1989.

In 1989, the country couldn’t even turn on the lights with daily blackouts averaging 5 hours.  The government ran out of money – not because it spent it, but because it ran out of paper and the printers went on strike.  A riot erupted in a Buenos Aires supermarket when a 30% on-the-spot price increase was announced over the store’s loudspeaker.  Pandering to self-anointed victims with the usual blame in tow has very unpleasant side-effects.

It hasn’t gotten much better: 2002 “Price Watch” price increase in a Buenos Aires supermarket. It could occur hourly.

Where inflation leads, default follows.  It happened in 1982, 1989, 2002, and 2004.  If victim/victimizer blame-game mythology was a drug awaiting FDA approval, it would not only be proven to be not efficacious (the legal approval standard), but found poisonous.  There’d be a run on law firm ads on cable tv if it got past the regulators.

Peron certainly wasn’t running the show during the whole period of Argentina’s slide into insolvency.  His main contribution was showing the country how to do it.  Thanks Juan and Evita.

Juan and Evita waving to the crowd in 1950.

Entire political groups are wallowing in a blame-game belief system.  These ideological movements are nothing but outsized masquerade balls for “It’s not my fault”.  Many would turn out to be e quite lethal.  Reaching down into history’s nightmares we find Mussolini’s Fascist Party, the inspiration for Peronism.

Mussolini next to a bronze Caesar outside Fascist Party headquarters, 1943.

If one didn’t know better, Mussolini could be easily confused with Lenin if a stranger was limited to listening to him on the radio.  His political dogma was a grab bag of international socialism’s platitudes with “international” replaced by “national”.  We’d hear the same worn out pronouncements of “exploitation” and sympathy for the “oppressed”.  Naturally, the victim requires a victimizer, or some such sort.  It’s a necessary ingredient for the “exploitation” gambit.  Often, cast for the role are the “privileged” or, better yet, the “rich”.

It’s too easy to prove the point.  Take a look at these samples, in chronological order:

  • In 1910, still in his old incarnation as an “international” socialist, he said, “There are only two fatherlands in the world: that of the exploited and that of the exploiters”.
  • Jump forward to 1919, now as full-fledged socialist of the “national” variety – a Fascist – he blathers, “This is what we propose now to the Treasury: either the property owners expropriate themselves, or we summon the masses of war veterans to march against these obstacles and overthrow them”. The list of “victims” is expanded to war veterans.
  • In 1921, he announced, “When the war is over, in the world’s social revolution that will be followed by a more equitable distribution of the earth’s riches, due account must be kept of the sacrifices and of the discipline maintained by the Italian workers. The Fascist revolution will make another decisive step to shorten social distances.”
  • In 1933 he declares war on “laissez-faire” and “capitalism”: “To-day we can affirm that the capitalistic method of production is out of date. So is the doctrine of laissez-faire, the theoretical basis of capitalism… To-day we are taking a new and decisive step in the path of revolution. A revolution, in order to be great, must be a social revolution.”
  • As an aside, in the 1930’s, after FDR’s ascendancy in the U.S., Mussolini recognized his affinity with the New Deal and its intellectual godfather, John Maynard Keynes: “You want to know what fascism is like? It is like your New Deal!”
  • Further, “Fascism entirely agrees with Mr. Maynard Keynes, despite the latter’s prominent position as a Liberal. In fact, Mr. Keynes’ excellent little book, The End of Laissez-Faire (l926) might, so far as it goes, serve as a useful introduction to fascist economics. There is scarcely anything to object to in it and there is much to applaud.”

I could go on, if one was convinced that the quotes were out of context.  They aren’t.  They were typical and commonplace for him.  Our social justice warriors of today should be careful when they throw about the charge of “fascist”.  They unknowingly have a more intense fondness for Mussolini’s beliefs than the Federalist Society.

And while I’m at it, what about that frothy, toxic brew fermenting in Germany at the time of Mussolini’s heyday?  Once again, those old stalking horses of “exploitation” and “oppression” appear under the guise of the National Socialist German Workers’ Party (NSDAP) doctrines.  For these folks, the Allies, their degenerate and corrupting civilization (in their words), the Jews, Jewry’s capitalist lapdogs (in their words), and opposing street-gang socialists of the “international” variety fulfill the role of victimizer or oppressor.

Hitler in the early 1920s.

Sometimes a catchy slogan can encapsulate all of the purported horribles.  For many Germans at the time, it was the “stab-in-the-back” myth.  Germany’s war effort, it was said, was undermined by traitorous acts at home.  The zeal to blame others will be injected with too much caffeine.

The origin of the fable could be traced to a 1919 conversation between German Gen. Erich Ludendorff and British Gen. sir Neill Malcom.

Sir Neill Malcolm, 1931
Gen. Erich Ludendorff

Malcolm asked Ludendorff for his opinion of the major reason for Germany’s defeat.  Ludendorff responded with the lack of home front support for the war.  Malcolm clarified with the question: “Do you mean, General, that you were stabbed in the back?”  Ludendorff jumped at the suggestion, “Stabbed in the back?  Yes, that’s it, exactly; we were stabbed in the back”.  Thus was born a rationale to blame others rather than Germany’s reckless prosecution of the war … authored by people like Ludendorff.

Subsequently, Jews became an easy target to assign blame.  Alfred Rosenberg – NSDAP ideologist and later to be hung as a war criminal – spelled it out: “In theory the majority decides, but in reality it is the international Jew that stands behind it [all the evils that befell Germany].”

Alfred Rosenberg in London, 1933.
Alfred Rosenberg, on the left with hands crossed, at a party meeting in Munich, 1925.

To give a flavor of this version of the noxious scapegoat,  here’s a quote from a pamphlet, “The Jew as World Parasite”:

“In this war for the very existence of the German people, we must daily remind ourselves that Jewry unleashed this war against us. It makes no difference if the Jew conceals himself as a Bolshevist or a plutocrat, a Freemason or uses some other form of concealment, or even appears without any mask at all: he always remains the same. He is the one who so agitated and spiritually influenced the peoples that stand against us today such that they have become more or less spineless tools of International Jewry.”

The comment could be penned by any of the Nazi usual suspects.  Regardless, it’s a replay of the same old monotonous blame-game.

The Jew in Nazi propaganda as an evil force lurking behind the Allies.

Need I go into Marx and Lenin’s overwrought costuming of blame as elaborate political theory?  The oppressed/oppressor jig is the heart of the program.  Focusing on Lenin for brevity’s sake, he castigates the “bourgeois” (i.e. capitalist) state as “the most powerful, economically dominant class, which, through the medium of the state, becomes also the politically dominant class, and thus acquires new means of holding down and exploiting the oppressed class”.  Marx’s dull verbosity is of the same vein.

Marx, Engels, Lenin, Stalin, Mao during Labor Day demonstration, 2016, the Philippines.

“It’s Not My Fault”, if history is any guide, is a real crowd-pleaser.  All-too-often, it’s a scheme to bilk others – usually a select few – and gravitate power to a politically enterprising cadre.  The scenario is a zombie that won’t stay down.  We are seeing it play before our eyes.

As was stated before, the so-called “alt-right” has fashioned for itself a nice little corner in the who’s who of oppressors.  They like to talk of the predations of the “establishment”.  Like all such iterations, the more airy and vague the oppressor, the better and more useful.   Lenin would be comfortable with the language.  The term was a favorite of some rallying to the Trump bandwagon.

Not to be outdone, the modern Left in its post-election incarnation is targeting Republican lawmakers as the corporeal symbol of their laundry list of oppressors.  Their recent behavior at townhalls isn’t bi-partisan, directed at both Republicans and Democrats.  It targets Republicans.  It is not reflective of the general American electorate.  It’s a coordinated, well-financed operation … of the Left.

What unites the Left’s partisans is an ideology rooted in a view of the world of those without “privilege” in need of a powerful state to even out the results of an unfair existence.  The rationale is tailored to demand the creation and expansion of entitlements, like Obama’s ACA.  The environment-as-victim, with its climate change dogma hitched, is ready-made for use on the barricades. Any attempts to roll back the administrative state – except when it comes to restraint on sexual license –  is a carte blanche excuse to gin up the hive.  Efforts to lower taxes on the upper-income brackets is always and forever seen as an assault on government’s sacred duty to equalize life’s results.

It’s like a video on perpetual rewind.  More correctly, it’s like those present-day renditions of Shakespeare’s plays in modern garb.  The stage set and costumes may be different, but it is still the play, “It’s Not My Fault!”

RogerG

 

Sources:

“The moment Yale students encircled and shouted down professor who told them to just ‘look away’ if they were offended by Halloween costumes”, The Daily Mail, Nov. 7, 2015,  http://www.dailymail.co.uk/news/article-3308422/Students-rage-professor-sent-email-telling-students-just-look-away-offended-Halloween-costumes.html#ixzz4fITFzT6l

The Ascent of Money, Niall Ferguson, 2008.  Weimar Germany’s hyper-inflationary crisis is described in pp. 101-107; Argentina’s economic collapse under Peron is described in pp. 109-116.

“Document #24: “What is Peronism?” by Juan Domingo Perón (1948) || “The Twenty Truths of the Perónist Justicialism,” Juan Domingo Perón (1950)”, Brown Univ. Library,  https://library.brown.edu/create/modernlatinamerica/chapters/chapter-9-argentina/primary-documents-w-accompanying-discussion-questions/what-is-peronism-by-juan-domingo-peron-1948-the-twenty-truths-of-the-peronist-justicialism-juan-domingo-peron-1950/

A variety of Mussolini quotes are available at “Benito Mussolini”, wikiquote.org,  https://en.wikiquote.org/wiki/Benito_Mussolini

The conversation between Sir Neill Malcolm and Erich Ludendorff can be found in Wheeler-Bennett, John W. (Spring 1938), “Ludendorff: The Soldier and the Politician”Virginia Quarterly Review. 14 (2): 187–202.

The Republic on Fire

Riots at UC Berkeley, Feb. 2, 2017, to protest the campus appearance of Milo Yiannopoulos.
Gorsuch before the Senate Judiciary Committee, March 2017. (NBC News)

The Gorsuch nomination is a barometer of the condition of our politics. It’s a toxic environment of a lack of candor and a surplus of self-serving hyperbole.  The very definition of a party partisan has gone through a transformation from party loyalty to ideological conformity.  Heterodoxy in the parties has given way to orthodoxy.  The fever is aggravated by the dramatic rise in the stakes.  The breathtaking expansion of government power has exponentially increased the consequences and opportunities for those who wish to monopolize it.  So much at stake and so many true-believers.  No wonder Court nominations threaten to rip the republic apart.  And, by gauging the reaction of Democratic Party activists to Trump’s victory, now the same is true of presidential elections.

“The Resistance” takes to the streets in – where else? – Berkeley, Ca.

How did we get to this sad state of affairs?  For one, let’s consider the main legacy of Progressivism: the omni-competent state, or a government of virtuosos and unlimited possibilities.  The Progressives’ faith in the “expert” means the deliberations of representative assemblies are more and more replaced by the deliberations of panels of hypothetical geniuses.  The assumption is that the fortunes of humanity should not be left to the petty whims of politicos not in tune with the academic zeitgeist.  The most undemocratic features of our constitutional order – the administrative agencies and courts – have feasted on this prejudice.  Today, regulations govern more than laws, and judges have extracted prerogatives that were previously left to state legislatures and city councils.

Their legitimacy to rule doesn’t rest on the franchise but on their self-proclaimed knowledge and wisdom.  When they or their politician advance-men lose an election, intelligence is said to be thwarted.

C.S. Lewis

The danger posed by such a narrow caste with pretensions to power was obvious to some.  C.S. Lewis – writing at a time (1943) when Fascism was one of the popular versions of caste-rule, just as it was reified into a Luftwaffe bombing British cities – fingered the error in his essay, “The Poison of Subjectivism”.  He wrote,

Many a popular “planner” on a democratic platform, many a mild-eyed scientist in a democratic laboratory means, in the last resort, just what the Fascist means.  He believes that ‘good’ means whatever men are conditioned to approve. He believes that it is the function of him and his kind to condition men; to create consciences by eugenics, psychological manipulation of infants, state education and mass propaganda.

The rule of “experts” is the rule of perpetual busybodies, a class of people without second-thoughts.  Humility doesn’t appear as a defining characteristic.  Leave it to Friedrich Hayek, though, to bring them down to

Friedrich A. Hayek

earth when he stated, “No human mind can comprehend all the knowledge which guides the actions of society”.  Expanding the field from a single person to a small group doesn’t  much improve matters.  Hayek asserts that markets, as large aggregates of individuals, know more than a small cohort of self-ordained wise-men.  Failure results when power follows the false assumption that all pertinent knowledge is concentrated in a few.

Hayek’s lesson never caught on with our modern Progressives.  The power of the centralized authority in the federal government, as gauged in 20th century federal outlays through Republican and Democratic administrations, resembles a ski slope — or, as Bob Hope would have said, his nose.  It’s proof, once you start this kind of thing, that the government becomes a perpetual-motion-machine almost immune even to the best of intentions of those wishing to restrain it.

Stephen Moore, “The Growth of Government in America”, April 1, 1993, https://fee.org/articles/the-growth-of-government-in-america/. In inflation-adjusted 1990 dollars.

The incline continues into the new millennium in federal spending per household. The dip in 2009 was due to the end of many TARP bailouts.

Veronique de Rugy, “The Rapid Expansion of Federal Spending Per Household”, Mercatus Center, George Mason University, Nov. 1, 2010, https://www.mercatus.org/publication/rapid-expansion-federal-spending-household. In Inflation-adjusted 2010 dollars.

The federal government’s hyperactivity has distracted it away from its core Constitutional responsibilities like defense and managing immigration in favor of crusades like inflating our energy bills, directing our choice of light bulbs, a national sanctioning of sodomy as the basis for marriage, imposing a national license to take prenatal life, and dictating your elementary school’s bathroom policy.  It’s so ludicrous, but nonetheless a sign of the times.  Increasing federal power has intensified the battle over who’s to man (or woman) the federal parapets.  Every election and Supreme Court appointment is freighted with dire potentialities.

The intensity of modern political battle has weeded out the faint-hearted and those lacking the zeal of the true-believer.  A 2014 Pew Research Center study of party registrants illustrates the growing ideological polarization of the two parties.  As they found,

The overall share of Americans who express consistently conservative or consistently liberal opinions has doubled over the past two decades from 10% to 21%. And ideological thinking is now much more closely aligned with partisanship than in the past.

Distribution of Democrats and Republicans on a 10-item scale of political values. Pew Research Center, 2014.

The chart shows a widening rift  in 2014 in ideological purity among the parties’ rank-and-file.

Or, take a look at this chart from the same study.  The mountain peaks for the Democrats (blue) shift to the left as the peaks for the Republicans (red) move right.

The same phenomena shows up in the halls of Congress (below).  In the 93rd Congress (1973-4), there existed liberal Republicans and conservative Democrats.  By the 112th Congress (last bar graph below), they’re as extinct as woolly mammoths.

The party bases are uniformly polar opposites, and its reflected in the two Congressional caucuses.  The leavening of other voices is gone.  For nominees like Gorsuch, the Democrats’ howling base will push any Senator with a “D” after their name into rabid opposition.

Even the definition of “moderate” has shifted.  Today’s moderate Democrat is only interested in some restraint in the party’s abortion blank check.  Other than that, the vast majority are in lock-step with Mother Jones and the rest of the left-wing hive.  Not good for any Republican Court nominee … unless a Republican president commits political suicide by presenting a choice who’ll gain the editorial board endorsements of Mother Jones and The Nation.

Don’t get me wrong.  I’m not decrying the vanishing “moderate” in both parties.  It’s one thing to to be moderate in temperament, quite another to be moderate in your thinking.  All-too-often the moderate thinker has a mind that resembles an attic.  In it one finds a collection of mental bric-a-brac.  Lying around is the anachronistic foolishness of grandma’s time alongside some of more recent vintage – all thrown up there to be accessed for the production of inane pronouncements.

But these “moderates” serve the purpose  of forcing the core of both parties to come together to make political sausage.  Their presence makes the art of governing easier, even if, as is more likely, the result is a continuation of the non-stop march to social and fiscal ruin.  Remember the old adage of Republicans as caretakers of the Democrat-engineered welfare state?

Sen. Joseph Biden (left) leaning and talking to Robert Bork during Bork’s confirmation hearings, 1987. (The New Yorker)

Yet, the consequence of the disappearance of the muddled middle is no-holds-barred political war on nearly everything and in nearly every venue, including Supreme Court nominees before the Senate.  The writing was on the wall when Robert Bork’s name came up in 1987.  Ted Kennedy manufactured party opposition with the now-familiar chant, “He’s out of the mainstream”.  Honestly, the “mainstream” for Ted is the blue hump in the previous chart’s last bar graph.  Qualifications be damned; for the true blue like Kennedy, the ramifications are too important to be left to quaint considerations like “qualifications” and “bi-partisanship”.

After pioneering ideological reasons for blocking a Supreme Court nominee, the Democrats didn’t want to push their luck and swiftly approved Bork’s replacement, Anthony Kennedy, shortly thereafter.

In today’s political total war, everything is enlisted for the cause.  The older self-restraint became the first casualty.  Take for instance the filibuster.  Talking a bill to death ended in the House in 1842 when the House became too large a herd to corral for meaningful work.  It persists in the Senate, but rarely used for federal judicial nominations.

Here’s where it gets tricky for the Senate.  There’s two types of Senate filibusters with different cloture (end debate and go to a vote on the issue at hand) requirements.  To end a “legislative” filibuster, a three-fifths (60) vote is required by Rule 22.  Ending a rules-change filibuster demands a higher threshold of two-thirds (66) … until Harry Reid in 2013.

To clarify, the old claim that it takes a vote of 60 to approve a nomination is inaccurate.   A majority is required to approve a nomination.  It’s just getting to the consenting vote that presents the problem.  60 votes are required to end debate (cloture) and proceed with the vote on the fate of the nominee.

As majority leader, Reid sidestepped the rules for ending debate (cloture) by motioning that Rule 22 requires a majority vote for cloture.  Of course, Rule 22 says no such thing.  The presiding officer rejected Reid’s intentional misreading of Rule 22.  Having worked all this out beforehand in the Democratic caucus, Reid appealed to the whole Senate who voted to accepted his interpretation of Rule 22.  A majority of Senators – all Democrats – voted to accept his reading of the rule in spite of its plain language.  This is the “Reid Rule”, a method to change the rules of the Senate with only a majority vote.

Watch Senators Reid and the Republican leader McConnell speak to the matter in 2013.

Prior to the Reid Rule – or maneuver if you will – it was next to impossible to alter the operations of the Senate by changing the rules.  Tooth fairies were more real than a 66-vote for cloture.  Hellbent on getting Pres. Obama’s judicial choices past Republican opposition, Reid paved an interstate through any road blocks to his desired end: Pres. Obama’s goal to pack the courts with “living Constitution” wunderkinds.

A Progressive in a black robe is a dangerous person – dangerous only in a political sense, that is.  A Progressive is impatient to change things and regards the Constitution, laws, and any stricture as wet clay to be molded to that end.  One wonders why we should even bother to publish or put anything in writing.  Separation of powers?  What separation of powers?  The delineation of powers in Articles I, II, III was made pointless.  Applying the law in cases morphed into boundless interpretation following a witch’s brew of allegedly modern circumstances.  The courts became super legislatures following penumbras rather than law.  The possibilities are only as limited as a judge’s imagination.

Control of the courts, all of a sudden, became a high-stakes game.  Everyone knows it.  A state’s plebiscite to define marriage in a manner familiar to anyone going back to Emperor Justinian and further to Hammurabi – and maybe even to Lucy, our prehistoric ancestor in East Africa – could now be interpreted by jurists as something akin to the Nuremberg Laws.  The beginning of life is not be defined by the people’s elected representatives but rather a majority of nine life-time appointees on a judicial panel in Washington, D.C.  Conceivably, nothing is outside the purview of the judiciary.

With so much at stake, the days were numbered for the filibuster, especially in light of the gathering around opposing ideological poles in both parties.  The only modern use of the filibuster for Supreme Court appointments prior to the new millennium was Abe Fortas’s attempted elevation from Associate Justice to Chief Justice in 1968 by Pres. Johnson.  It occurred at a time when liberal R’s and conservative D’s still existed.  As it turned out, opposition was truly bi-partisan and Fortas had a darker side of corruption.  Not only did Fortas fail in winning his Chief Justice appointment, he was forced to resign his Associate Justice seat to avoid impeachment.

Pres. Johnson presenting Assoc. Justice Abe Fortas (r) as his nominee for Chief Justice of the Supreme Court, June 1968.

The Fortas mess was an extremely rare occurrence in the history of the Senate filibuster for Court nominees.   Even Clarence Thomas didn’t face one.  We’d have to wait the dawn of the new millennium, after party orthodox purity was well under way, and judicial powers have raised the stakes so high, before the filibuster became a reliable weapon in ideological warfare.

The election of George W. Bush in 2000 incensed Democrats.  He was considered by them to be a usurper after the hotly contested election.  Immediately following the inauguration, the liberal hive was all abuzz.  In January 2001, Bruce Ackerman, Yale law professor writing in The American Prospect, fearing a wave of conservative jurists, favored the Democrats’ use of the filibuster to block Bush’s judicial appointments.  The judicial filibuster ball really started rolling after that.

Bush’s first 11 courts of appeal nominees never made it out of the Democrat-controlled Judiciary Committee from 2001 to 2003.  To be fair, Republican majorities did the same to Clinton’s choices by 2000.  Yet, widespread filibustering didn’t begin till 2003 and a slim 51-49 Republican majority.  10 appeals court choices were then blocked by Democrats with a filibuster threat.  Bill Frist, the Republican Majority Leader, began to publicly talk of the “nuclear option” – ending the filibuster for judicial nominations – as Democrats’ use of the filibuster promised to be a frequent tactic.

The threat of the “nuclear option” faded after a compromise got the bulk of Bush’s nominees through in 2005.  But blocking tactics without the need for filibusters continued through Bush’s second term as Democrats assumed control of the Senate in 2007.

When Republicans objected to Obama’s nominees in 2013, prior advocates of the judicial filibuster turned into vehement critics.  Politics produces a bumper crop of hypocrites, and ideological zealotry sanctions a scythe to cut through anyone and anything to achieve a secular eschaton.  What was done by the Democrats – invent a way to change the Senate’s rules with a simple majority and use it to end the filibuster for judicial nominations – will be picked up by the Republicans to approve an originalist on the bench.

Watch Senate Majority Leader McConnell exactly repeat Harry Reid’s 2013 maneuver to change the 60-vote threshold for cloture (end debate and vote on the nominee) in advance of the Gorsuch vote.

After this, the vote to approve the nominee follows the historical precedent of a majority to approve the nomination.  The fate of Neil Gorsuch could have been decided on a simple majority vote if the Democrats eschewed the filibuster, as what happened to Clarence Thomas’s nomination in 1991.  Now it’s kaput for the judicial filibuster.

One of the arguments against ending the filibuster was that the loss would put the last nails in the coffin of bi-partisan comity.  News flash: comity was well on its way out since the Florida recount imbroglio of 2000.

We would see the increasing reliance on ad hominem politics occurring as credal purity came to characterize the parties.  How many adherents of Hayek and Friedman still exist in the Democratic Party?  Conversely, what about the standing of Keynes in the Republican Party?

The fate of ex-Democrat Phil Gramm of Texas is instructive.  Gramm was a Democrat and a believer in the Laffer curve, two things that don’t comport in today’s Democratic Party.  Like many such Democrats, their party’s hostility to anyone challenging the reigning statist orthodoxy drove people like them out.  They became Republicans.  It was a harbinger of things to come.

The Gorsuch nomination got caught up in this new political ecosystem.  It’s a jungle with the courts as the new Tyrannosaurus Rex, with the administrative state in tow as clones.  Their presence draws the attention of everyone.

The temperature once had a chance to cool when the state didn’t have such a large apetite.  It’s different today.  Control of the state is on everybody’s radar screen because the cost of playing blind and deaf may make you the meal.  The stakes are too high for quaint niceties.

Maybe our chances for civility would improve if we scaled back the monster.  But that would require the defeat of the Democrats’ statism.  If true, a return of the Democratic Party to a more heterogeneous composition would be more therapeutic than a revival of RINO’s (Republicans In Name Only) in the GOP.  Something to consider.

RogerG

Sources:

“Scalia’s Supreme Court Seat Has Been Vacant For More Than 400 Days”, The New York Times, March 20, 2017,  https://www.nytimes.com/interactive/2016/02/15/us/supreme-court-nominations-election-year-scalia.html?_r=0

“The Poison of Subjectivism”, C.S. Lewis, 1943 essay.  It can be obtained in Microsoft Word format here: https://calvin.edu/search/?q=the+poison+of+subjectivism&btnG=&site=calvin&client=calvin&proxystylesheet=calvin&output=xml_no_dtd&sort=date%3AD%3AL%3Ad1#gsc.tab=0&gsc.q=the%20poison%20of%20subjectivism&gsc.page=1

“Lewis & the Omnicompetent State (Part 1)”, Dr. Alan Snyder, professor of History, Southeastern University, Pondering Principles, Nov. 7, 2015,  http://ponderingprinciples.com/2015/11/lewis-the-omnicompetent-state-part-1/

For a fuller treatment of Hayek’s knowledge problem see “The Use of Knowledge in Society”, Friedrich A. Hayek, The American Economic Review, Sept. 1945.  A free copy can obtained here:  https://fee.org/articles/the-use-of-knowledge-in-society/

“The State of Disunion”, Lucas Rodriguez and Spencer Segal, Stanford Political Journal, Nov. 2, 2016, https://stanfordpolitics.com/the-state-of-disunion-901513b6b356

“Political Polarization in the American Public: How Increasing Ideological Uniformity and Partisan Antipathy Affect Politics, Compromise and Everyday Life”, Pew Research Center, June 12, 2014, http://www.people-press.org/2014/06/12/political-polarization-in-the-american-public/

“Polarization in Congress has risen sharply. Where is it going next?”, Christopher Hare, Keith T. Poole, and Howard Rosenthal, The Washington Post, Feb. 13, 2014,  https://www.washingtonpost.com/news/monkey-cage/wp/2014/02/13/polarization-in-congress-has-risen-sharply-where-is-it-going-next/?utm_term=.e7cc91347bef

“A Filibuster on a Supreme Court Nomination Is So Rare It’s Only Worked Once”, Elizabeth King, Time, 2/8/17,  http://time.com/4659403/neil-gorsuch-filibuster-abe-fortas/

“Filibuster and Cloture”, U.S. Senate website,  https://www.senate.gov/artandhistory/history/common/briefing/Filibuster_Cloture.htm

“Filibuster”, wikipedia.org,  https://en.wikipedia.org/wiki/Filibuster#United_States

“Nuclear option”, wikipedia.org, https://en.wikipedia.org/wiki/Nuclear_option

“U.S. Senate goes ‘nuclear,’ changes filibuster rules”, USA Today, 11/21/2013,  https://www.usatoday.com/story/news/politics/2013/11/21/harry-reid-nuclear-senate/3662445/

“George W. Bush judicial appointment controversies”, wikipedia.org,  https://en.wikipedia.org/wiki/George_W._Bush_judicial_appointment_controversies

“How Schumer turned against a filibuster he once tried to save”, Reid Pillifant, Politico, http://www.politico.com/states/new-york/albany/story/2013/11/how-schumer-turned-against-a-filibuster-he-once-tried-to-save-009838

“How 52 Senators Made 60 = 51”, Sen. Orrin G. Hatch, Stanford Law & Policy Review, March 19, 2014,  https://journals.law.stanford.edu/stanford-law-policy-review/online/how-52-senators-made-60-51

“Fake News”, the New Excuse?

Regrettably, I have been fooled by manufactured news (“fake news”) on a couple of occasions. It can come at you from many different directions for many different reasons – Left, Right, Center, foreign entities, scam artists, and those in it for the thrill. Today’s digital media world is the equivalent of the frontier. It’s the wild west as Hollywood made the West out to be. This is not a call for government to police it, beyond clear instances of threats to safety, fraud, larceny, and acts of a similar sort. Government meddling produces way too many bad spin-offs.

The pattern was set by the tabloids.

The record of government regulation is a mixed bag. Many efforts to manage a market from the Civil Aeronautics Board of 1938 (Civil Aeronautics Authority Act of 1938) to Dodd-Frank of 2010 (Dodd–Frank Wall Street Reform and Consumer Protection Act) has unnecessarily distorted entire industries and raised prices.

Two blasts from the past should make this abundantly clear. Remember the Interstate Commerce Commission (ICC)? Well, many millennials probably wouldn’t. It was abolished in 1995. It was captured by the very freight carrier interests it was regulating. Eventually, bye, bye was Congress’s response.

Remember the previously mentioned Civil Aeronautics Board (CAB)? Once again, our hipster millennials would be scratching their heads. The whole airline industry was part of its fiefdom. For the sake of “stability”, everything from ticket prices to the size of on-board sandwiches was determined in agency boardrooms. The whole gargantuan regulatory maze simply made air travel the province of the rich. Flying used to be a sign that you “made it”. The CAB beat the ICC to the grave when Congress gave the CAB’s air travel whiz-kids the boot in 1978.

Pres. Carter signs the Airline Deregulation Act of 1978.

Before we leverage “fake news” into the new “stability” excuse, think again. There’s no substitute for the web user to double-source – maybe triple – their information. Government won’t do anything but create an oligopoly and a “new normal” of higher fees as birthed by some mathematical flim-flammery.

RogerG