Policies vs. Values

It’s difficult to make sense of American politics these days, though not for lack of trying! The following article published in Yahoo News presents some evidence that is more widely confirmed but also introduces some interpretations that are contradicted by that evidence (see blog comments). Most of the mainstream reporting seems to be suffering from these contradictions.

To begin, American voters are not divided so much by policy issues, as the head of the survey institute proclaims. Empirical evidence of voting patterns shows that most of the voting preferences are explained by urban vs. rural and suburban policy interests and household formation, with married voters contrasted against singles, with children or not.

The remainder (about 1/3, but growing) is probably explained by the moral values/ideological divide on which Jon Haidt has done so much research (see my The Righteous Mind review). People who lean left or right in ideology seems to have different value priorities that are reflected in how they view politics. Haidt classifies six moral values with their opposites as 1) care/harm; 2) liberty/oppression; 3) fairness/cheating; 4) loyalty/betrayal; 5) authority/subversion; 6) sanctity/degradation.

He goes on to show that liberals value the first three only and suspect the last three so that they focus on care and fairness as the foundation of a free society more than loyalty, authority and sanctity. Conservatives employ all six in designing their moral foundations. Haidt readily recognized this advantage for conservatives but suggests it is more a tactical advantage rather than a fuller understanding of a sound moral society.

Identity politics seems to have turned differences in moral value priorities into tribalism. So we have a Left tribe, referring to themselves as Progressives, and a Right tribe, calling themselves conservatives and libertarians. These tribes have developed two different cultures that appear incompatible. This cultural divide is far more distinct than race, ethnicity, or gender, despite what the media might proclaim. (MAGA is a cultural clarion call, not a racial or ethnic dog whistle.)

Of course, different cultures need not be antagonistic or adversarial, especially since they can evolve over time to share many of the same values, priorities, and mores. One error I see promoted by the liberal urban media and Democrats is the firm belief that their opponents are regressive and that progressivism must be proselytized. Voting results do not substantiate this belief and voting patterns show a majority of Americans embrace both traditionalism and tolerance for differences. Any friction is caused by the socio-economic disruption due to the rapid pace of change. It’s a mistake to push that pace of change merely for its own sake. Instead, we should manage it more judiciously without alacrity and judgment. People resist change instinctively and they need help adapting. That’s the role for politics and policy.

Unfortunately, truth and accuracy are the first victims of tribalism, and that seems to be the source of our present dysfunction.

Divided by symbols, Americans see a ‘serious threat’ across the aisle

Yahoo News,  Jon Ward, Senior Political Correspondent

An annual survey of American attitudes about politics and values released Tuesday found, to no one’s surprise, that the nation’s divisions are growing dangerously deep and wide.

American Values Survey

More than half the people in both the Republican and Democratic parties see the other side as a “serious threat to the country,” the American Values Survey by the Public Religion Research Institute (PRRI) found. At a panel discussion at the Brookings Institution to discuss the poll findings, Henry Olsen, a senior fellow at the Ethics and Public Policy Center, said a “pre-Spanish Civil War mentality” was taking hold among voters.

The word “war” itself was mentioned numerous times by the panelists, in reference to the way both left and right see politics now as a zero-sum fight.

The good news — or the bad, depending on how one views it — is that the divisions are mostly not about policy, but symbolism.

“When you’re at war symbols begin to matter more,” said Robert Jones, CEO of PRRI. “Confederate monuments, flags … the [border] wall is part of that.”

But, he added, “If you talk policy, Americans are pragmatic.”

He cited a finding in the latest values survey, which PRRI has conducted for eight years in a row, that around half of Republicans support a path to citizenship for undocumented immigrants. He contrasted that with the political rhetoric from President Trump about building a wall along the U.S.-Mexico border.

“It’s the symbolic issues that are animating more than the actual policy issues,” Jones said. “When you turn from symbols to policy, there’s less polarization.”

There was agreement among the panelists Tuesday, including the conservative Olsen, that Trump fuels the conflict by highlighting the most inflammatory public issues.

But the deeper question is, why are Americans so focused on symbols rather than substance when it comes to choosing and following political leaders? Is it a recent phenomenon, brought on by the age of entertainment over information that has dominated the world since the advent of television? Or is it a natural human instinct?

Joy Reid, a panelist who hosts a weekend show on MSNBC, said that the election of former President Barack Obama in 2008 and 2012 was a symbolic act for many black Americans, and that Trump voters — most of them white — engaged in counter-symbolism. [The problem with this interpretation is that the Rust Belt states flipped from Obama to Trump, indicating that symbolism was probably “trumped” by policy results.]

Trump is “almost a flip-side, bizarro-world Obama,” Reid said. “For a lot of hardcore Obama supporters, Obama was the point. It wasn’t specifically that he would do some specific economic thing,” Reid said. “It was the symbolism of having somebody who was not white, somebody who has international roots in his family, somebody who represented a changing America.” [We don’t see a problem here? Voting for someone because they are “not white,” does what for whites in a material sense? Of course, the non-white Obama could never have won an election without the support of a significant plurality of whites. Casting this history in terms of race is probably not helpful.]

Similarly, Reid said, “For a lot of Trump supporters Trump is the point. It isn’t his policies. It’s not what he’s going to do even for them.” [I would agree that it is less about Trump’s policies in a positive sense and more a reaction against Obama’s policies and divisiveness. This extends into the backlash against political correctness that Trump instigated.]

“Just having that man, who is white and very ethno-nationalist in his whitenesss … very proactive about putting forward his gender and racial identity and saying I represent this and I’ll attack the people who in your view are detriments to it … that’s kind of the point,” she said. [There it is again – ethno-nationalism and whitenesss – instead of patriotic sovereignty through Americanism that mischaracterizes the Trump opposition. This is not to say Trump did not take advantage of this mischaracterization.] 

Reid said that Democrats who want to “convert” Trump voters may be chasing a lost cause. “I’m not sure that can be done,” she said. “He has a power over at least a third of the country that I don’t think anything can break.”

But while the PRRI study found 15 percent of Trump supporters said there’s nothing he could do to lose their support, there were twice as many confirmed opponents of the president. PRRI asked those who disapprove of Trump if there was anything he could do to win them over, and 33 percent of them said there was not.

E.J. Dionne, a Washington Post columnist who was also on the panel, disagreed with Reid that no Trump voters could be won over. “To me, these numbers show that there are a substantial number of Trump voters or supporters who can be converted,” he said, citing Trump’s approval numbers, which are down to 39 percent in the average of all polls, while 56 percent disapprove.

“This is a substantial drop-off from where Trump stood on Election Day 2016,” Dionne said. A year ago, right after he was elected, Trump had a 44 percent approval rating, and a 50 percent disapproval rating. [Mr. Dionne is wrong as he views our politics from within the liberal media bubble, advocating that democratic politics is a zero-sum game: For Democrats to win, Trump has to lose. The country’s voters are not really in sync with this approach, which is why that urban media bubble is subjected to such criticism.]

Olsen’s explanations for the victory of symbolism over substance, and the rise of Trumpism, had more to do with a loss of what Jones called “cultural dominance” combined with economic vulnerability for some of the president’s supporters. [This makes far more sense.]

Trump’s voter base “feeds on fear,” Olsen said.

But he cautioned against dismissing them, saying that would only increase the risk of violence.

“If you’re educated and well-off, you tend to look at these reactions as being hopelessly naive, out of touch, racist, irrational and consequently worthy of being ignored,” Olsen said. “If that’s the response, you shouldn’t expect them to give up their arms. … If the answer is basically to build a wall around populism, what you simply do is build up tension, build up the partisanship. And then, if you go through some sort of economic decline that makes even more people despairing, you raise the possibility of a much more dangerous counterreaction.” [This is the danger that anti-Trump forces want to deny or disregard. They will not avoid blame for any future chaos that results.]

_____

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Political Autopsy

The following is the Executive Summary of a report authored by Democratic Party activists titled “Autopsy: The Democratic Party in Crisis.” On a quick read of the summary, one is left with a mishmash strategy that seems to try to be all things to all people (except for those Republicans, that is! The stated goal is “to end Republican rule and gain lasting momentum for progressive change.”)

That would be the starting point of my critique. What we’ve learned over the past 16 years is that most voters in the US are tired of partisan posturing and could care less about which party wins elections if only their elected representatives would be accountable and serve voters’ interests. Voters are far less partisan than party activists and the media. With Trump’s election, roughly half the population across 85% of the county landscape voted a pox on both their houses. So, let’s start with that inconvenient fact.

Specific comments in red below:

Executive Summary

The Party’s Base

• Aggregated data and analysis show that policies, operations and campaign priorities of the national Democratic Party undermined support and turnout from its base in the 2016 general election. Since then, the Democratic leadership has done little to indicate that it is heeding key lessons from the 2016 disaster.

• The Democratic National Committee and the party’s congressional leadership remain bent on prioritizing the chase for elusive Republican voters over the Democratic base: especially people of color, young people and working-class voters overall. [Yes, but that’s because in a country where whites comprise 70% of the electorate, identity politics based on race and ethnicity have a ceiling of support that is insufficient to win national elections. Identity politics that is based on preferences also leads to zero-sum games over who gets what.]

• After suffering from a falloff of turnout among people of color in the 2016 general election, the party appears to be losing ground with its most reliable voting bloc, African-American women. “The Democratic Party has experienced an 11 percent drop in support from black women according to one survey, while the percentage of black women who said neither party represents them went from 13 percent in 2016 to 21 percent in 2017.”

• One of the large groups with a voter-turnout issue is young people, “who encounter a toxic combination of a depressed economic reality, GOP efforts at voter suppression, and anemic messaging on the part of Democrats.” [The problem with young voters is that they cynically perceive “politics as usual.” Sanders appeal seems to have transcended that, but the question is whether “socialist” policies can. The historical record is not promising.]

• “Emerging sectors of the electorate are compelling the Democratic Party to come to terms with adamant grassroots rejection of economic injustice, institutionalized racism, gender inequality, environmental destruction and corporate domination. Siding with the people who constitute the base isn’t truly possible when party leaders seem to be afraid of them.” [Politics against “injustice, racism, gender inequality, environment and corporate malfeasance, etc.” must be based on some unifying principles in order to filter out subjective grievances that merely favor narrow interests. The party has not made those tough distinctions.]  

• The DNC has refused to renounce, or commit to end, its undemocratic practices during the 2016 primary campaign that caused so much discord and distrust from many party activists and voters among core constituencies. [Yes, there is internal discord.]

• Working to defeat restrictions on voting rights is of enormous importance. Yet the Democratic National Committee failed to make such work a DNC staffing priority. [Empirical data and the appeal of voter ID laws discount this grievance strategy. Thus, deploying it is not likely to have positive effects. Better to advance GOTV efforts.]

Populism and Party Decline

• The Democratic Party’s claims of fighting for “working families” have been undermined by its refusal to directly challenge corporate power, enabling Trump to masquerade as a champion of the people. “Democrats will not win if they continue to bring a wonk knife to a populist gunfight. Nor can Democratic leaders and operatives be seen as real allies of the working class if they’re afraid to alienate big funders or to harm future job or consulting prospects.” [There’s a difficult choice for the party highlighted by the Perez-Sanders split: identity politics or class politics? The mishmash of this manifesto results from trying to pursue both. To do this the party advances an implicit assumption that ‘white’ voters are only virtuous if they are poor. This is blatantly hypocritical to middle class whites.]

• “Since Obama’s victory in 2008, the Democratic Party has lost control of both houses of Congress and more than 1,000 state legislative seats. The GOP now controls the governorship as well as the entire legislature in 26 states, while Democrats exercise such control in only six states…. Despite this Democratic decline, bold proposals with the national party’s imprint are scarce.” [So, trying to pursue a triangulation strategy while paying lip-service to identity racial and ethnic grievance groups for the past 8 years has led to defeat across the spectrum. Yet, this new party manifesto really refuses to make a choice. So, it’s more of the same: trying to appeal to white middle class voters while implying that the party is really for social justice that disfavors them because they are white. This is a losing contradictory strategy.]

• “After a decade and a half of nonstop warfare, research data from voting patterns suggest that the Clinton campaign’s hawkish stance was a political detriment in working-class communities hard-hit by American casualties from deployments in Iraq and Afghanistan.” [Yes, but they point with pride to their sacrifices for country. Disrespecting their patriotism by implying they’re dupes is not a winning strategy.]

• “Operating from a place of defensiveness and denial will not turn the party around. Neither will status quo methodology.”

Recommendations

Party Operations and Outreach

• The Democratic National Committee must make up for lost time by accelerating its very recent gear-up of staffing to fight against the multi-front assaults on voting rights that include voter ID laws, purges of voter rolls and intimidation tactics. [As explained above, not likely to be productive.]

• The Democratic National Committee should commit itself to scrupulously adhering to its Charter, which requires the DNC to be evenhanded in the presidential nominating process.

• Because “the superdelegate system, by its very nature, undermines the vital precept of one person, one vote,” the voting power of all superdelegates to the Democratic National Convention must end.

• “Social movements cannot be understood as tools to get Democrats elected. The ebb and flow of social movements offer a rising tide in their own right that along the way can lift Democratic Party candidates — if the party is able to embrace the broad popular sentiment that the movements embody.” [Both parties have willingly dragged their constituencies into cultural conflicts that are largely unresolvable. Thus, the parties gain by making compromise untenable: Vote for us or else!]

• “This is about more than just increasing voter turnout. It is about energizing as well as expanding the base of the party. To do this we must aggressively pursue two tracks: fighting right-wing efforts to rig the political system, and giving people who can vote a truly compelling reason to do so.” [Enthusiasm based on negative opposition (i.e., anti-Trump or anti-liberal) is not very durable.]

• “The enduring point of community outreach is to build an ongoing relationship that aims for the party to become part of the fabric of everyday life. It means acknowledging the validity and power of people-driven movements as well as recognizing and supporting authentic progressive community leaders. It means focusing on how the party can best serve communities, not the other way around. Most of all, it means persisting with such engagement on an ongoing basis, not just at election time.” [Yes, but to do so successfully requires an appeal beyond the particularistic identity of the individual. How can I be part of something bigger if it’s all about who I am?]

Party Policies and Programs

• The party should avidly promote inspiring programs such as single-payer Medicare for all, free public college tuition, economic security, infrastructure and green jobs initiatives, and tackling the climate crisis. [Here we get into the problem of the viability of socialist policies – when they fail, it discredits the bigger goal.]

• While the Democratic Party fights for an agenda to benefit all Americans [Does it? What about those Trump voters?], the party must develop new policies and strategies for more substantial engagement with people of color — directly addressing realities of their lives that include disproportionately high rates of poverty and ongoing vulnerability to a racist criminal justice system. [And then there is an immediate turn back to biological identity. This is not to deny the problems of disadvantaged communities, but merely questions the best way to empower them.]

• With its policies and programs, not just its public statements, the Democratic Party must emphasize that “in the real world, the well-being of women is indivisible from their economic circumstances and security.” To truly advance gender equality, the party needs to fight for the economic rights of all women. [Better to let the economy and the demand for labor sort this out. It works.]

• The Democratic Party should end its neglect of rural voters, a process that must include aligning the party with the interests of farming families and others who live in the countryside rather than with Big Agriculture and monopolies. [Agree. But these are not people looking for pity or hand-outs or victim status. They want to be able to take care of themselves.]

• “While the short-term prospects for meaningful federal action on climate are exceedingly bleak, state-level initiatives are important and attainable. Meanwhile, it’s crucial that the Democratic Party stop confining its climate agenda to inadequate steps that are palatable to Big Oil and mega-players on Wall Street.” [The trade-offs the majority of voters are willing to make here are not clear. It’s not a choice between clean air or the death of the planet, but clean air at what price?]

• “What must now take place includes honest self-reflection and confronting a hard truth: that many view the party as often in service to a rapacious oligarchy and increasingly out of touch with people in its own base.” The Democratic Party should disentangle itself — ideologically and financially — from Wall Street, the military-industrial complex and other corporate interests that put profits ahead of public needs. [Yes, welcome to the corruption of 21st century American party politics. Why do you think Americans of all stripes voted for Trump?]

Constitutional Crisis?

The following was a provocative essay published in the NYTimes. Since it touches on the nexus of economics and politics, I deemed it an appropriate topic for this blog.

Our Constitution was not built for a country with so much wealth concentrated at the very top nor for the threats that invariably accompany it: oligarchs and populist demagogues.

No. It wasn’t.

But we can never seem to anchor our attention on the true determinants of economic power. The distribution of wealth is tilted toward those who control society’s primary productive resources. In feudal and agrarian societies it is land; in industrial and post industrial societies it is energy and finance capital; in the information society it is information data and finance capital.

The imperative for a liberal democracy is to democratize land, to democratize finance, and, especially in the 21st century, to democratize big data. There are trade-offs implied (especially the necessary democratization of investment risk), but the objective must be liberty and justice, not national wealth, because sustainable wealth is only derived from liberty and justice.

Aside from economic inequality there is a related but different plague upon the body politic these days. That is the anti-democratic ideology of identity politics and multiculturalism. These ideologies probably arose as a response to the frustration of economic inequality and power that demanded a division into victims and victimizers. The victimizers, of course, were corporate, white, and male, while the victims were all other identity groups not so defined: ethnic and racial minorities, women, LBGTs, etc.

But a constitution based on compromise through participation cannot possibly manage identity groups based on biology and genetics.  There is no compromising our biological identity, there are only zero-sum battles with winners and losers. Thus, the rule of the victimizers must be torn down, though it cannot end there. Coalitions of identity groups do not hold together after the common enemy has been vanquished, so they turn on each other until we see the complete Balkanization of democratic polities.

We will need to solve both these problems – economic inequality and identity Balkanization – in order for our democracy to restore itself and guarantee liberty and justice for all. Unfortunately this professor, and most of our political leaders in the oligarchy, don’t really have any promising ideas about how to go about that.

There are other things the Constitution wasn’t written for, of course. The founders didn’t foresee America becoming a global superpower. They didn’t plan for the internet or nuclear weapons. And they certainly couldn’t have imagined a former reality television star president. Commentators wring their hands over all of these transformations — though these days, they tend to focus on whether this country’s founding document can survive the current president.

But there is a different, and far more stubborn, risk that our country faces — and which, arguably, led to the TV star turned president in the first place. Our Constitution was not built for a country with so much wealth concentrated at the very top nor for the threats that invariably accompany it: oligarchs and populist demagogues.

From the ancient Greeks to the American founders, statesmen and political philosophers were obsessed with the problem of economic inequality. Unequal societies were subject to constant strife — even revolution. The rich would tyrannize the poor, and the poor would revolt against the rich.

The solution was to build economic class right into the structure of government. In England, for example, the structure of government balanced lords and commoners. In ancient Rome, there was the patrician Senate for the wealthy, and the Tribune of the Plebeians for everyone else. We can think of these as class-warfare constitutions: Each class has a share in governing, and a check on the other. Those checks prevent oligarchy on the one hand and a tyranny founded on populist demagogy on the other.

What is surprising about the design of our Constitution is that it isn’t a class warfare constitution. Our Constitution doesn’t mandate that only the wealthy can become senators, and we don’t have a tribune of the plebs. Our founding charter doesn’t have structural checks and balances between economic classes: not between rich and poor, and certainly not between corporate interests and ordinary workers. This was a radical change in the history of constitutional government.

And it wasn’t an oversight. The founding generation knew how to write class-warfare constitutions — they even debated such proposals during the summer of 1787. But they ultimately chose a framework for government that didn’t pit class against class. Part of the reason was practical. James Madison’s notes from the secret debates at the Philadelphia Convention show that the delegates had a hard time agreeing on how they would design such a class-based system. But part of the reason was political: They knew the American people wouldn’t agree to that kind of government.

At the time, many Americans believed the new nation would not be afflicted by the problems that accompanied economic inequality because there simply wasn’t much inequality within the political community of white men. Today we tend to emphasize how undemocratic the founding era was when judged by our values — its exclusion of women, enslavement of African-Americans, violence against Native Americans. But in doing so, we risk missing something important: Many in the founding generation believed America was exceptional because of the extraordinary degree of economic equality within the political community as they defined it.

Unlike Europe, America wasn’t bogged down by the legacy of feudalism, nor did it have a hereditary aristocracy. Noah Webster, best known for his dictionary, commented that there were “small inequalities of property,” a fact that distinguished America from Europe and the rest of the world. Equality of property, he believed, was crucial for sustaining a republic. During the Constitutional Convention, South Carolinan Charles Pinckney said America had “a greater equality than is to be found among the people of any other country.” As long as the new nation could expand west, he thought, it would be possible to have a citizenry of independent yeoman farmers. In a community with economic equality, there was simply no need for constitutional structures to manage the clash between the wealthy and everyone else.

The problem, of course, is that economic inequality has been on the rise for at least the last generation. In 1976 the richest 1 percent of Americans took home about 8.5 percent of our national income. Today they take home more than 20 percent. In major sectors of the economy — banking, airlines, agriculture, pharmaceuticals, telecommunications — economic power is increasingly concentrated in a small number of companies. [Don’t we need to discuss why before we embark on solutions?]

While much of the debate has been on the moral or economic consequences of economic inequality, the more fundamental problem is that our constitutional system might not survive in an unequal economy. Campaign contributions, lobbying, the revolving door of industry insiders working in government, interest group influence over regulators and even think tanks — all of these features of our current political system skew policy making to favor the wealthy and entrenched economic interests. “The rich will strive to establish their dominion and enslave the rest,” Gouverneur Morris observed in 1787. “They always did. They always will.” An oligarchy — not a republic — is the inevitable result.

As a republic descends into an oligarchy, the people revolt. Populist revolts are rarely anarchic; they require leadership. [See Trump AND Sanders.] Morris predicted that the rich would take advantage of the people’s “passions” and “make these the instruments for oppressing them.” The future Broadway sensation Alexander Hamilton put it more clearly: “Of those men who have overturned the liberties of republics, the greatest number have begun their career by paying an obsequious court to the people: commencing demagogues, and ending tyrants.”

Starting more than a century ago, amid the first Gilded Age, Americans confronted rising inequality, rapid industrial change, a communications and transportation revolution and the emergence of monopolies. Populists and progressives responded by pushing for reforms that would tame the great concentrations of wealth and power that were corrupting government.

On the economic side, they invented antitrust laws and public utilities regulation, established an income tax, and fought for minimum wages. On the political side, they passed campaign finance regulations and amended the Constitution so the people would get to elect senators directly. They did these things because they knew that our republican form of government could not survive in an economically unequal society. As Theodore Roosevelt wrote, “There can be no real political democracy unless there is something approaching an economic democracy.”

For all its resilience and longevity, our Constitution doesn’t have structural checks built into it to prevent oligarchy or populist demagogues. It was written on the assumption that America would remain relatively equal economically. Even the father of the Constitution understood this. Toward the end of his life, Madison worried that the number of Americans who had only the “bare necessities of life” would one day increase. When it did, he concluded, the institutions and laws of the country would need to be adapted, and that task would require “all the wisdom of the wisest patriots.”

With economic inequality rising and the middle class collapsing, the deep question we must ask today is whether our generation has wise patriots who, like the progressives a century ago, will adapt the institutions and laws of our country — and save our republic.

Ganesh Sitaraman, a professor at Vanderbilt Law School, is the author of “The Crisis of the Middle-Class Constitution: Why Economic Inequality Threatens Our Republic.”

G–gle Culture

DO NO EVIL

 

These excerpts are from a recent online interview by Stefan Molyneux of the fired Google employee James Damore explaining himself:

Generally, I just really like understanding things,” he said about his reasons for compiling his argument. “And recently, through interactions with people, I have noticed how different political ideologies divide us in many ways. I wanted to understand what was behind all that.”

“I read a lot into Jonathan Haidt’s work, a lot about what exactly is the philosophy behind all of these things. And that led me to the beginning of the document,” he explained. 

He described his crystallizing moment as: “I could see that all of us are really blind to the other side, so in these environments where everyone is in these echo chambers just talking to themselves, they are totally blind to so many things.We really need both sides to be talk to each other about these things and trying to understand each other.” 

He critiques both the left and right for not working together: “The easiest way of understanding the left is: It is very open, it is looking for changes. While the right is more closed, and wants more stability. There are definitely advantages to both of those. Sometimes there are things that need to change, but you actually need a vision for what you want. There is value in tradition, but not all traditions should be how they are.”

“We create biases for ourselves. This is particularly interesting, when we talk about how it relates to reality,” he said.

“Both sides are biased in a way, they have motivated reasoning to see what they want out of a lot of things,” he continued. 

This happens a lot in social science, where it is 95% leaning to the left. And so they only study what they want, and they only see the types of things that they want, and they really aren’t as critical of their own research as much as they should. The popular conception is that the right doesn’t understand science at all, that the right is anti-science. It is true that they often deny evolution and climate science, climate change, but the left also has its own things that it denies. Biological differences between people — in this case, sex differences,” he explained. 

He described the experience of diversity training at Google, which inspired him to write: “I heard things I definitely disagreed with in some of the programs. I had some discussions with people there, but there was a lot of just shaming. ‘No you can’t say that, that’s sexist, you can’t do this.’ There is so much hypocrisy in a lot things they are saying. I decided to just create the document just to clarify my thoughts.

I have often recommended Jon Haidt’s research presented in his book, The Righteous Mind. It’s worth a read because much of what is happening in social and political discourse these days reflects a psychological pathology that should be completely unnecessary. But getting out of our own way in politics is a difficult challenge.

I find nothing particularly mendacious about Mr. Damore’s document or his intentions to clarify what is basically an empirical puzzle concerning gender differences. Of course, this was all blown way out of proportion because it challenges some unscientific political agenda.

As a scientist, I assume that all empirical phenomena should be open to skepticism and challenges. I’m not sure how we progress intellectually any other way. The attack on Mr. Damore is an attack on science and for me can only reveal an indefensible political agenda. This is sad, if not dangerous, to say the least.

My own approach in this blog has been to suggest analytical frameworks to help understand how human behavior aggregates up into social behavior that defines our civilization; past, present and future (see Common Cent$). The universe is constantly changing, and survival depends on successful adaptation. Unsuccessful adaptation leads to extinction. Thus, the problem for all species is how to successfully adapt.

It seems to me our knowledge-base in the biological and social sciences, and in the arts and humanities can help us humans out here and I can’t understand why anyone who wants to survive would ignore or discount anything we can learn from that wealth of knowledge. Yet, some would choose to ignore anything that might challenge their world-view, even when they know it is false. G–gle seems to have succumbed to that pressure. That’s a shame, but not a path any of us have to accept.

What’s G–gle’s motto again?

 

 

 

 

Economic Inequality??

One can easily misrepresent or exaggerate reality with a few select statistics and come to conveniently chosen conclusions. This doesn’t really help the conversation.

The distribution of wealth and income has become a social, economic, and political problem in recent decades. And not only in the US. But the question is why and what to do about it.

First, we should notice the timeframe of the comparison: 1980 vs. 2014. During these years there has been a massive credit bubble with low to zero interest rates and low inflation, especially over the past 16 years. This has disproportionately rewarded asset holders and debt-driven consumption and the income shares in industries associated with that, like FIRE.

The cheap credit has also led to massive investments in technology and biotech, where income levels have far exceeded those in other industries. This is not necessarily a bad thing, especially for aggregate growth, but it does have distributional consequences for wealth and income. Globalization, through outsourcing, trade and labor migration, has also served to keep labor costs low in developed nations.

So, what to make of this? I would have differences with the suggestions of the author as stated here:

Different policies could produce a different outcome. My list would start with a tax code that does less to favor the affluent, a better-functioning education system, more bargaining power for workers and less tolerance for corporate consolidation. 

First, the problem with the tax code is that it creates barriers for asset accumulation for those without assets. In other words, it favors the haves over the wannabes, even if the wannabes are more deserving. So we need to reduce those barriers. Not by making it harder to get rich, but by making it harder to stay rich and idle sitting on assets that have ballooned in value through no effort on the owners of those assets. Thus, we should look more toward wealth taxes as opposed to income or capital taxes. We should also make capital taxes more progressive so that the have-nots are not doomed to remain so. Have you seen your interest on savings lately?

Second, a better functioning education system is always a deserved policy priority, but it won’t fix this income distribution problem. The cost of education is becoming prohibitive and elitism is turning top universities, where costs are in the stratosphere, into branding agents rather than educating institutions. In other words, the Ivy League degree is more valuable as a signalling device than anything a student may or may not have learned there. Thus we are biasing favoritism over meritocracy.

Third, the focus on wages and organized labor is completely misguided.  Most workers in growth industries in the 21st century eschew labor unions in favor of equity participation and risk-taking entrepreneurship. Does that mean manufacturing labor has no future? Not at all. But it should be bargaining for equity in addition to a base wage. Competing solely on wages means workers are competing with the global supply of labor, which is a losing proposition for developed countries’ workers.

The inability of policymakers to see clearly how the world has changed and how ownership and control structures must adapt to the information economy leads them towards the rabbit hole of universal basic incomes, which fundamentally is a universal welfare program to support consumption. One thing we’ve learned over the past 60 years is that nobody wants welfare, but many become addicted to it. It’s not a solution or even a short-term fix.

Refer to the NYT website link to view the graphs…

Many Americans can’t remember anything other than an economy with skyrocketing inequality, in which living standards for most Americans are stagnating and the rich are pulling away. It feels inevitable.

But it’s not.

 

A well-known team of inequality researchers — Thomas Piketty, Emmanuel Saez and Gabriel Zucman — has been getting some attention recently for a chart it produced. It shows the change in income between 1980 and 2014 for every point on the distribution, and it neatly summarizes the recent soaring of inequality.

 

The line on the chart (which we have recreated as the red line above) resembles a classic hockey-stick graph. It’s mostly flat and close to zero, before spiking upward at the end. That spike shows that the very affluent, and only the very affluent, have received significant raises in recent decades.

 

This line captures the rise in inequality better than any other chart or simple summary that I’ve seen. So I went to the economists with a request: Could they produce versions of their chart for years before 1980, to capture the income trends following World War II. You are looking at the result here.

The message is straightforward. Only a few decades ago, the middle class and the poor weren’t just receiving healthy raises. Their take-home pay was rising even more rapidly, in percentage terms, than the pay of the rich.

 

The post-inflation, after-tax raises that were typical for the middle class during the pre-1980 period — about 2 percent a year — translate into rapid gains in living standards. At that rate, a household’s income almost doubles every 34 years. (The economists used 34-year windows to stay consistent with their original chart, which covered 1980 through 2014.)

 

In recent decades, by contrast, only very affluent families — those in roughly the top 1/40th of the income distribution — have received such large raises. Yes, the upper-middle class has done better than the middle class or the poor, but the huge gaps are between the super-rich and everyone else.

 

The basic problem is that most families used to receive something approaching their fair share of economic growth, and they don’t anymore.

 

It’s true that the country can’t magically return to the 1950s and 1960s (nor would we want to, all things considered). Economic growth was faster in those decades than we can reasonably expect today. Yet there is nothing natural about the distribution of today’s growth — the fact that our economic bounty flows overwhelmingly to a small share of the population.

 

Different policies could produce a different outcome. My list would start with a tax code that does less to favor the affluent, a better-functioning education system, more bargaining power for workers and less tolerance for corporate consolidation.

 

Remarkably, President Trump and the Republican leaders in Congress are trying to go in the other direction. They spent months trying to take away health insurance from millions of middle-class and poor families. Their initial tax-reform planswould reduce taxes for the rich much more than for everyone else. And they want to cut spending on schools, even though education is the single best way to improve middle-class living standards over the long term.

 

Most Americans would look at these charts and conclude that inequality is out of control. The president, on the other hand, seems to think that inequality isn’t big enough.

Trumpism. What’s Normal Now?

I reprint this article because it discusses a perspective of our current politics that goes far beyond politics. Basically, what’s not normal is the anti-humanism of postmodern culture. The problem I see is that those complaining about our current political dysfunction are the same ones who have embraced postmodernism in all its forms, even if in dismay.

I think the Romans used to call this “bread and circuses,” but the masses have turned and taken over the Republic, which I suppose is their right.

America’s First Postmodern President

By Jeet Heer

The nature of reality is an open question in the age of Donald Trump. As the president regularly decries “the Fake News Media” and journalists catalogue his many lies, the battles of our time seem not just political but philosophical, indeed epistemological: What is real? How do we reach a consensus on the truth? These questions cut deeper than mere attempts to gauge the accuracy of Trump’s own words, or those of the White House staff. Trump’s ascension to leader of the free world still feels deeply strange, hence the common refrain that “this is not normal.” Trump himself sometimes seems seems surprised by his position. “I’m president!” he declared in a May ceremony celebrating the House passage of the American Health Care Act. “Hey, I’m president! Can you believe it?”

In an attempt to make sense of Trump’s vertiginous presidency, critics have made comparisons to contemporary autocrats like Vladimir Putin and Recep Tayyip Erdoğan, or pillaged the history books for analogies ranging from Mussolini to Nixon. Others have looked at imagined futures, as Trump has fostered a vogue in dystopias such as George Orwell’s 1984 and Margaret Atwood’s The Handmaid’s Tale. However illuminating these parallels might be, they ultimately fall short by failing to consider Trump in his immediate context. The president is best understood not as a figure who harkens back to the distant past, evokes other lands, or foreshadows the future, but one who is representative of this very moment in America, where media overload is destroying the sense of a shared public reality.

In examining Trump as a product of our unique epoch, one of the sharpest analytical tools available is the theory of postmodernism, developed in the 1970s and 1980s by a host of theorists—perhaps most famously by Fredric Jameson, the polymathic Duke University literary scholar. In a famous 1984 essay, later expanded into the book Postmodernism, or, The Cultural Logic of Late Capitalism, Jameson synthesized the work of scholars from many fields—philosopher Jean-Francois Lyotard, economist Ernest Mandel, architect Robert Venturi, filmmaker Guy Debord, sociologist Jean Baudrillard—in arguing that the triumph of economic globalism, which he dates to the early 1970s, inaugurated a new cultural era marked by the triumph of populist images over the strenuous elite art that had characterized modernism.

For Jameson, postmodernism meant the birth of “a society of the image or the simulacrum and a transformation of the ‘real’ into so many pseudoevents.” Befitting the “postliteracy of the late capitalist world,” the culture of postmodernism would be characterized by “a new kind of flatness or depthlessness, a new kind of superficiality in the most literal sense” where “depth is replaced by surface.” Postmodernism was especially visible in the field of architecture, where it manifested itself as a “populist” revolt “against the elite (and Utopian) austerities of the great architectural modernisms: It is generally affirmed, in other words, that these newer buildings are popular works, on the one hand, and that they respect the vernacular of the American city fabric, on the other; that is to say, they no longer attempt, as did the masterworks and monuments of high modernism, to insert a different, a distinct, an elevated, a new Utopian language into the tawdry and commercial sign system of the surrounding city, but rather they seek to speak that very language, using its lexicon and syntax as that has been emblematically ‘learned from Las Vegas.’”

That final phrase is a reference to Learning From Vegas, a 1972 book by Venturi, Denise Scott Brown, and Steven Izenour that critiqued “heroic” modern architecture and instead sought to “gain insight from the commonplace,” specifically by analyzing the Las Vegas Strip. Trump, as a real estate developer, was certainly willing to “learn from Las Vegas,” as he proved with his vulgar, now-shuttered Taj Mahal casino. But there’s a deeper symmetry between Trump and the account of postmodern society found in Jameson’s work (not just Postmodernism but subsequent volumes like The Seeds of Time and A Singular Modernity) and in the work of his fellow travelers, like Baudrillard and Debord. These writers describe a world where the visual has triumphed over the literary, where fragmented sound bites have replaced linear thinking, where nostalgia (“Make America Great Again”) has replaced historical consciousness or felt experiences of the past, where simulacra is indistinguishable from reality, where an aesthetic of pastiche and kitsch (Trump Tower) replaces modernism’s striving for purity and elitism, and where a shared plebeian culture of vulgarity papers over intensifying class disparities. In virtually every detail, Trump seems like the perfect manifestation of postmodernism.

For Baudrillard, “the perfect crime” was the murder of reality, which has been covered up with decoys (“virtual reality” and “reality shows”) that are mistaken for what has been destroyed. “Our culture of meaning is collapsing beneath our excess of meaning, the culture of reality collapsing beneath the excess of reality, the information culture collapsing beneath the excess of information—the sign and reality sharing a single shroud,” Baudrillard wrote in The Perfect Crime (1995). The Trump era is rich in such unreality. The president is not only a former reality-show star, but one whose fame is based more on performance than reality—on the idea that he’s a successful businessman. Although his real estate and gambling empire suffered massive losses in the early 1990s, and Trump’s “finances went into a tailspin,” he survived thanks to the superficial value of his brand, which he propped up though media manipulation.

In Baudrillard’s terms, Trump is a simulacra businessman, a copy of a reality that has no real existence. All sorts of simulacrum and decoy realities now flourish. Consider the popularity of conspiracy theories, evidence of a culture where it’s easy for fictional and semi-fictional narratives to spread like wildfire through social media. Trump loves spreading conspiracy theories about his enemies, and his enemies love spreading conspiracy theories about him. This propagation of fictions makes it difficult to build a convincing case against him. MSNBC host Rachel Maddow revealed Thursday that a supposedly classified document containing bombshells about Russia was sent anonymously to her show’s tipline. Her team eventually determined the document was fake. “Somebody out there is shopping carefully forged documents to try to discredit news agencies reporting on the Russian attack on our election,” she said, “and specifically on the possibility that the Trump campaign coordinated with the Russians in mounting that attack.”

Another recent example shows how easy it is to fall into a farrago of absurdity when reporting on Trump. Last weekend, the president tweeted a wrestling video showing him pummeling a man who had a CNN logo superimposed on his face. A Reddit user named HanAssholeSolo, who has a history of racist and anti-Semitic posts, took credit for the clip. CNN discovered the user’s true identity, but decided not to name him, though added, “CNN reserves the right to publish his identity.” This sentence gave the false impression of blackmail, and HanAssholeSolo suddenly became a free speech martyr to the right. As often happens in political battles of the Trump era, his supporters took a few random facts at the margins of the story and constructed an alternative reality, so that the story became not about the president’s endorsement of a threatening video created by a political extremist, but about a powerful news network harassing a private citizen. The entire spectacle shows we’re living in a Baudrillardian funhouse where the firm ground of reality has slipped away.

Postmodernism brings with it the erasure of older distinctions not just between reality and fiction, but between elite and popular culture. In his 1998 book The Origins of Postmodernity, the historian Perry Anderson called attention to the theme of plebeianization first developed by Jameson: the collapse of old bourgeois norms among the rich and powerful, even as class hierarchy remained strong (if not more entrenched than ever). “More widely, in the public sphere democratization of manners and disinhibition of mores advanced together,” Anderson argued, citing the antics of Princess Diana and President Bill Clinton. “For long, sociologists had debated the embourgeoisement of the working-class in the West—never a very happy term for the processes at issue. By the nineties, however, the more striking phenomenon was a general encanaillement”—or slumming—“of the possessing classes—as it were: starlet princesses and sleazeball presidents, beds for rent in the official residence and bribes for killer ads, disneyfication of protocols and tarantinization of practices, the avid corteges of the nocturnal underpass or the gubernatorial troop. In scenes like these lies much of the social backdrop of the postmodern.” Trump, the wealthy president who brags about grabbing women by the genitals and tweets out abuse of female journalists, embodies this “encanaillement of the possessing classes” even better than Diana or Clinton.

The virtue of theories of postmodernism, as developed by Jameson and his peers, is that they link cultural changes with deeper economic transformations. The waves that carried a ridiculous TV celebrity to the presidency are being propelled by a deeper current of globalization: the triumph of the unreality industries, the move of manufacturing jobs out of the developed world, and the proliferation of technologies that saturate us with media.

This analysis suggests that Trump is the product not just of a fluke election or a racist and sexist backlash, but the culmination of late capitalism [This goes far beyond who controls the means of production. Commercialism? Trump is a commercial brander]. This has profound implications for how we see Trump—and how we oppose him. We have to focus less on Trump’s personal flaws and more on the world that has enabled him. His habitual prevarications aren’t simply the result of his defective character, but an effective tactic. In a world where commerce and media (including social media) reward performance above truth telling, it’s not surprising that a figure like Trump rises to the top. Any moralistic condemnation of Trump is incomplete without acknowledging the institutions (notably the media) that both created him and allowed him to thrive.

The danger of a sweeping theory like postmodernism is that it can produce despair. After all, fighting something so pervasive as “late capitalism” is much harder than winning elections. For the Trump resistance, seeing him as a postmodern president opens up the dilemma that the best way to fight him in the short term might be to borrow some of his tactics. (It’s no surprise that another savvy performer-politician, Senator Al Franken, has emerged as a major resistance leader.) The danger is that by imitating Trump, we’ll only create a world where future Trumps will emerge.

But there’s a different way to look at Trump as a postmodern president. Paradoxically, even as Trump exploits today’s media, his politics of nostalgia show that his own followers want to escape the postmodern world [I’d say they want to preserve, not escape]. Trump’s appeal is based on his promise to return to an earlier, simpler era, where jobs were rooted in physical activity (manufacturing, coal mining) and the economy was governed by the imperatives of nationalist solidarity (“America First”) and not globalization. There is a genuinely utopian dimension to Trumpism, suggesting a widespread desire to reverse late capitalism. So the logical response to Trumpism is to counter him with someone who can truly challenge the economic status quo, rather than being a mere avatar for such hopes. [Good luck with that, since the intellectual class is mired in an obsolete political-economic paradigm of 20th century class conflict and laborism. The solution they’ve come up with? Cheap credit fueled by the promises of a fiat money governing regime.]

Michael Ramirez / Daily Signal

Michael Ramirez / Daily Signal

Leviathan State

From the point of view of political economy and policy, this is the best and most relevant essay I’ve read in awhile. The Administrative State (or Deep State), no matter how much good it does, is antithetical to individual liberty, justice, and, I would argue, long-term economic and political security and stability. Be careful what you wish for with free health care or an imperial POTUS!

Reprinted from the WSJ:

The Tyranny of the Administrative State

Government by unelected experts isn’t all that different from the ‘royal prerogative’ of 17th-century England, argues constitutional scholar Philip Hamburger.

New York

What’s the greatest threat to liberty in America? Liberals rail at Donald Trump’s executive orders on immigration and his hostility toward the press, while conservatives vow to reverse Barack Obama’s regulatory assault on religion, education and business. Philip Hamburger says both sides are thinking too small.

Like the blind men in the fable who try to describe an elephant by feeling different parts of its body, they’re not perceiving the whole problem: the enormous rogue beast known as the administrative state.

Sometimes called the regulatory state or the deep state, it is a government within the government, run by the president and the dozens of federal agencies that assume powers once claimed only by kings. In place of royal decrees, they issue rules and send out “guidance” letters like the one from an Education Department official in 2011 that stripped college students of due process when accused of sexual misconduct.

Unelected bureaucrats not only write their own laws, they also interpret these laws and enforce them in their own courts with their own judges. All this is in blatant violation of the Constitution, says Mr. Hamburger, 60, a constitutional scholar and winner of the Manhattan Institute’s Hayek Prize last year for his scholarly 2014 book, “Is Administrative Law Unlawful?” (Spoiler alert: Yes.)

“Essentially, much of the Bill of Rights has been gutted,” he says, sitting in his office at Columbia Law School. “The government can choose to proceed against you in a trial in court with constitutional processes, or it can use an administrative proceeding where you don’t have the right to be heard by a real judge or a jury and you don’t have the full due process of law. Our fundamental procedural freedoms, which once were guarantees, have become mere options.” ​

In volume and complexity, the edicts from federal agencies exceed the laws passed by Congress by orders of magnitude. “The administrative state has become the government’s predominant mode of contact with citizens,” Mr. Hamburger says. “Ultimately this is not about the politics of left or right. Unlawful government power should worry everybody.”

Defenders of agencies like the Securities and Exchange Commission or the Environmental Protection Agency often describe them as the only practical way to regulate today’s complex world. The Founding Fathers, they argue, could not have imagined the challenges that face a large and technologically advanced society, so Congress and the judiciary have wisely delegated their duties by giving new powers to experts in executive-branch agencies.

Mr. Hamburger doesn’t buy it. In his view, not only is such delegation unconstitutional, it’s nothing new. The founders, far from being naive about the need for expert guidance, limited executive powers precisely because of the abuses of 17th-century kings like James I.

James, who reigned in England from 1603 through 1625, claimed that divinely granted “absolute power” authorized him to suspend laws enacted by Parliament or dispense with them for any favored person. Mr. Hamburger likens this royal “dispensing” power to modern agency “waivers,” like the ones from the Obama administration exempting McDonald’s and other corporations from complying with provisions of the Affordable Care Act.

James also made his own laws, bypassing Parliament and the courts by issuing proclamations and using his “royal prerogative” to establish commissions and tribunals. He exploited the infamous Star Chamber, a court that got its name from the gilded stars on its ceiling.

“The Hollywood version of the Star Chamber is a torture chamber where the walls were speckled with blood,” Mr. Hamburger says. “But torture was a very minor part of its business. It was very bureaucratic. Like modern administrative agencies, it commissioned expert reports, issued decrees and enforced them. It had regulations controlling the press, and it issued rules for urban development, environmental matters and various industries.”

James’s claims were rebuffed by England’s chief justice, Edward Coke, who in 1610 declared that the king “by his proclamation cannot create any offense which was not an offense before.” The king eventually dismissed Coke, and expansive royal powers continued to be exercised by James and his successor, Charles I. The angry backlash ultimately prompted Parliament to abolish the Star Chamber and helped provoke a civil war that ended with the beheading of Charles in 1649.

A subsequent king, James II, took the throne in 1685 and tried to reassert the prerogative power. But he was dethroned in the Glorious Revolution in 1688, which was followed by Parliament’s adoption of a bill of rights limiting the monarch and reasserting the primacy of Parliament and the courts. That history inspired the American Constitution’s limits on the executive branch, which James Madison explained as a protection against “the danger to liberty from the overgrown and all-grasping prerogative of an hereditary magistrate.”

“The framers of the Constitution were very clear about this,” Mr. Hamburger says, rummaging in a drawer for a pocket edition. He opens to the first page, featuring the Preamble and Article 1, which begins: “All legislative Powers herein granted shall be vested in a Congress.”

“That first word is crucial,” he says. “The very first substantive word of the Constitution is ‘all.’ That makes it an exclusive vesting of the legislative powers in an elected legislature. Congress cannot delegate the legislative powers to an agency, just as judges cannot delegate their power to an agency.”

Those restrictions on executive power have been disappearing since the late 19th century, starting with the creation of the Interstate Commerce Commission in 1887. Centralized power appealed to big business—railroads found commissioners easier to manipulate than legislators—as well as to American intellectuals who’d studied public policy at German universities. Unlike Britain, Germany had rejected constitutional restraints in favor of a Prussian model that gave administrative agencies the prerogative powers of the king.

Mr. Hamburger believes it’s no coincidence that the growth of America’s administrative state coincided with the addition to the electorate of Catholic immigrants, blacks and other minorities. WASP progressives like Woodrow Wilson considered these groups an obstacle to reform.

“The bulk of mankind is rigidly unphilosophical, and nowadays the bulk of mankind votes,” Wilson complained, noting in particular the difficulty of winning over the minds “of Irishmen, of Germans, of Negroes.” His solution was to push his agenda using federal agencies staffed by experts of his own caste—what Mr. Hamburger calls the “knowledge class.” Wilson was the only president ever to hold a doctorate.

“There’s been something of a bait and switch,” Mr. Hamburger says. “We talk about the importance of expanding voting rights, but behind the scenes there’s been a transfer of power from voters to members of the knowledge class. A large part of the knowledge class, Republicans as well as Democrats, went out of their way to make the administrative state work.”

Mr. Hamburger was born into the knowledge class. He grew up in a book-filled house near New Haven, Conn. His father was a Yale law professor and his mother a researcher in economics and intellectual history. During his father’s sabbaticals in London, Philip acquired a passion for 17th-century English history and spent long hours studying manuscripts at the British Museum. That’s where he learned about the royal prerogative.

He went to Princeton and then Yale Law School, where he avoided courses on administrative law, which struck him as “tedious beyond belief.” He became slightly more interested during a stint as a corporate lawyer specializing in taxes—he could see the sweeping powers wielded by the Internal Revenue Service—but the topic didn’t engage him until midway through his academic career.

While at the University of Chicago, he heard of a colleague’s inability to publish a research paper because the study had not been approved ahead of time by a federally mandated institutional review board. That sounded like an unconstitutional suppression of free speech, and it reminded Mr. Hamburger of those manuscripts at the British Museum.

Why the return of the royal prerogative? “The answer rests ultimately on human nature,” Mr. Hamburger writes in “The Administrative Threat,” a new short book aimed at a general readership. “Ever tempted to exert more power with less effort, rulers are rarely content to govern merely through the law.”

Instead, presidents govern by interpreting statutes in ways lawmakers never imagined. Barack Obama openly boasted of his intention to bypass Congress: “I’ve got a pen and I’ve got a phone.” Unable to persuade a Congress controlled by his own party to regulate carbon dioxide, Mr. Obama did it himself in 2009 by having the EPA declare it a pollutant covered by a decades-old law. (In 2007 the Supreme Court had affirmed the EPA’s authority to do so.)

Similarly, the Title IX legislation passed in 1972 was intended mainly to protect women in higher education from employment discrimination. Under Mr. Obama, Education Department bureaucrats used it to issue orders about bathrooms for transgender students at public schools and to mandate campus tribunals to adjudicate sexual misconduct—including “verbal misconduct,” or speech—that are in many ways less fair to the accused than the Star Chamber.

At this point, the idea of restraining the executive branch may seem quixotic, but Mr. Hamburger says there are practical ways to do so. One would be to make government officials financially accountable for their excesses, as they were in the 18th and 19th centuries, when they could be sued individually for damages. Today they’re protected thanks to “qualified immunity,” a doctrine Mr. Hamburger thinks should be narrowed.

“One does have to worry about frivolous lawsuits against government officers who have to make quick decisions in the field, like police officers,” he says. “But someone sitting behind a desk at the EPA or the SEC has plenty of time to consult lawyers before acting. There’s no reason to give them qualified immunity. They’ll be more careful not to exceed their constitutional authority if they have to weigh the risk of losing their own money.”

Another way of restraining agencies—one President Trump could adopt on his own—would be to require them to submit new rules to Congress for approval instead of imposing them by fiat. The president could also order at least some agencies to resolve disputes in regular courts instead of using administrative judges, who are departmental employees. Meanwhile, Congress could reclaim its legislative power by going through regulations, agency by agency, and deciding which ones to enact into law.

Mr. Hamburger’s chief hope for reform lies in the courts, which in earlier eras rebuffed the executive branch’s power grabs. Those rulings so frustrated both Theodore Roosevelt and Franklin D. Roosevelt that they threatened retaliation—such as FDR’s plan to pack the Supreme Court by expanding its size. Eventually judges surrendered and validated sweeping executive powers. Mr. Hamburger calls it “one of the most shameful episodes in the history of the federal judiciary.”

The Supreme Court capitulated further in decisions like Chevron v. Natural Resources Defense Council (1984), which requires judges to defer to any “reasonable interpretation” of an ambiguous statute by a federal agency. “Chevron deference should be called Chevron bias,” Mr. Hamburger says. “It requires judges to abandon due process and independent judgment. The courts have corrupted their processes by saying that when the government is a party in case, they will be systematically biased—they will favor the more powerful party.”

Mr. Hamburger sees a good chance that the high court will limit and eventually abandon the Chevron doctrine, and he expects other litigation giving the judiciary a chance to reassert its powers and protect constitutional rights. “Slowly, step by step, we can persuade judges to recognize the risks of what they’ve done so far and to grapple with this very dangerous type of power,” he says. The judiciary, like academia, has many liberals who have been sympathetic to the growth of executive power, but their perspective may be changing.

“Administrative power is like off-road driving,” Mr. Hamburger continues. “It’s exhilarating to operate off-road when you’re in the driver’s seat, but it’s a little unnerving for everyone else.”

He says he observed this effect during a recent conversation with a prominent legal scholar. The colleague, a longtime defender of administrative law, was discussing the topic shortly after Mr. Trump’s inauguration.

The colleague told Mr. Hamburger: “I am beginning to see the merit of your ideas.”

Blogger’s Note: I’m a member of the knowledge class and trust me, nobody really knows anything!

National Identity as a Force for Peace

The following is an excellent essay that gets to the heart of the current geopolitical turmoil. The basic conflict is between globalism and democratic national identity. Mr. Scruton puts it better than anyone else as to why we live under nation-state sovereignty and why it is a force for global peace. If peace and freedom depend on inclusion and democracy, then democracy depends on national identity and pride of country based on geography (and such patriotism is distinctly different from ‘nationalism.)

Since the article was not behind the WSJ’s pay-wall, I reprint it here in full:

The Case for Nations

The ‘we’ of the nation-state binds people together, builds an important legacy of social trust and blunts the sharp edges of globalization

By Roger Scruton

There is a respectable opinion among educated people that nations are no longer relevant. Their reasoning runs roughly as follows:

We live in an interconnected world. Globalization and the internet have created new networks of belonging and new forms of social trust, by which borders are erased and old attachments vaporized. Yes, we have seen the growth of nationalism in Europe, the Brexit vote in the U.K. and the election of the populist Donald Trump, but these are signs of reactionary sentiments that we should all have outgrown. The nation-state was useful while it lasted and gave us a handle on our social and political obligations. But it was dangerous too, when inflamed against real or imaginary enemies.

In any case, the nation-state belongs in the past, to a society in which family, job, religion and way of life stay put in a single place and are insulated against global developments. Our world is no longer like that, and we must change in step with it if we wish to belong.

The argument is a powerful one and was highly influential among those who voted in the U.K. referendum to remain in the European Union. But it overlooks the most important fact, which is that democratic politics requires a demos. Democracy means rule by the people and requires us to know who the people are, what unites them and how they can form a government.

Government in turn requires a “we,” a prepolitical loyalty that causes neighbors who voted in opposing ways to treat each other as fellow citizens, for whom the government is not “mine” or “yours” but “ours,” whether or not we approve of it. This first person plural varies in strength, from fierce attachment in wartime to casual acceptance on a Monday morning at work, but at some level, it must be assumed if we are to adopt a shared rule of law.

A country’s stability is enhanced by economic growth, but it depends far more upon this sense that we belong together and that we will stand by each other in the real emergencies. In short, it depends on a legacy of social trust. Trust of this kind depends on a common territory, resolution in the face of external threat and institutions that foster collective decisions in response to the problems of the day. It is the sine qua non of enduring peace and the greatest asset of any people that possesses it, as the Americans and the British have possessed it throughout the enormous changes that gave rise to the modern world.

Urban elites build trust through career moves, joint projects and cooperation across borders. Like the aristocrats of old, they often form networks without reference to national boundaries. They do not, on the whole, depend upon a particular place, a particular faith or a particular routine for their sense of membership, and in the immediate circumstances of modern life, they can adapt to globalization without too much difficulty. They will identify with transnational networks since they see those things as assets, which amplify their power.

We are in need of an inclusive identity that will hold us together as a people.

However, even in modern conditions, this urban elite depends upon others who do not belong to it: the farmers, manufacturers, factory workers, builders, clothiers, mechanics, nurses, cleaners, cooks, police officers and soldiers for whom attachment to a place and its customs is implicit in all that they do. In a question that touches on identity, these people will very likely vote in another way from the urban elite, on whom they depend in turn for government.

We are therefore in need of an inclusive identity that will hold us together as a people. The identities of earlier times—dynasty, faith, family, tribe—were already weakening when the Enlightenment consigned them to oblivion. And the substitutes of modern times—the ideologies and “isms” of the totalitarian states—have transparently failed to provide an alternative. We need an identity that leads to citizenship, which is the relation between the state and the individual in which each is accountable to the other. That, for ordinary people, is what the nation provides.

National loyalty marginalizes loyalties of family, tribe and faith, and places before the citizens’ eyes, as the focus of their patriotic feeling, not a person or a religion but a place. This place is defined by the history, culture and law through which we, the people, have claimed it as our own. The nationalist art and literature of the 19th century is characterized by the emergence of territory from behind religion, tribe and dynasty as the primary objects of love.

The national anthems of the self-identifying nations were conceived as invocations of home, in the manner of Sibelius’s “Finlandia” or the unofficial national anthem of England, “Land of Hope and Glory.” Even a militant anthem like “The Star-Spangled Banner” will take land and home as its motto: “the land of the free and the home of the brave.” It is our home that we fight for, and our freedom is the freedom of self-government in the place that is ours.

Liberals warn repeatedly against populism and nationalism, suggesting that even to raise the question of national identity is to take a step away from civilization. And it is true that there are dangers here. However, we in the Anglosphere have a language with which to discuss nationality that is not tainted by the bellicose rhetoric of the 19th- and 20th-century nationalists. When we wish to summon the “we” of political identity, we do not use grand and ideologically tainted idioms, like la patrie or das Vaterland. We refer simply to the country, this spot of earth, which belongs to us because we belong to it, have loved it, lived in it, defended it and established peace and prosperity within its borders.

Patriotism involves a love of home and a preparedness to defend it; nationalism, by contrast, is an ideology, which uses national symbols to conscript the people to war. When the Abbé Sieyès declared the aims of the French Revolution, it was in the language of nationalism: “The nation is prior to everything. It is the source of everything. Its will is always legal…. The manner in which a nation exercises its will does not matter; the point is that it does exercise it; any procedure is adequate, and its will is always the supreme law.” Those inflammatory words launched France on the path to the Reign of Terror, as the “enemies of the nation” were discovered hiding behind every chair.

But those who dismiss the national idea simply because people have threatened their neighbors in its name are victims of the very narrow-mindedness that they condemn. A small dose of evolutionary psychology would remind them that human communities are primed for warfare, and that when they fight, they fight as a group. Of course they don’t put it like that; the group appears in their exhortations as something transcendent and sublime—otherwise why should they fight for it? It goes by many names: the people, the king, the nation, God, even the Socialist International. But its meaning is always the same: “us” as opposed to “them.”

Divide a classroom of children into those wearing red pullovers and those wearing green and then make a few significant discriminations between them. You will soon have war between the reds and the greens. Within days, there will be heroes on each side and acts of stirring self-sacrifice, maybe in the long run a red anthem and a green. Red and Green will become symbols of the virtues and sacrifices of their followers, and—like national flags—they will acquire a spiritual quality, leading some to revere a cloth of red, others to burn that cloth in an act of ritual vengeance. That is not a reason for abolishing the color red or the color green.

Given this genetic narrative, should we not concede that war in defense of the homeland is more likely than most to end in a stable compromise? When the boundaries are secure and the intruder expelled, fighting can stop. Hence, when central Europe was divided into nation-states at the Peace of Westphalia in 1648, the European people breathed a great sigh of relief. Religion, they had discovered, far outperformed nationality when it came to the body count.

In the world as it is today, the principal threat to national identity remains religion, and in particular Islam, which offers to its most ardent subscribers a complete way of life, based on submission to the will of God. Americans find it hard to understand that a religion could offer an alternative to secular government and not just a way of living within its bounds. The First Amendment to the Constitution, they think, removed religion from the political equation.

But they forget that religions do not easily tolerate their competitors and might have to be policed from outside. That is why the First Amendment was necessary, and it is why we are fortunate that we define our membership in national rather than religious terms.

In states like Iran and Saudi Arabia, founded on religious rather than territorial obedience, freedom of conscience is a scarce and threatened asset. We, by contrast, enjoy not merely the freedom publicly to disagree with others about matters of faith and private life but also the freedom to satirize solemnity and to ridicule nonsense, including solemnity and nonsense of the religious kind. All such freedoms are precious to us, though we are losing the habit of defending them.

On the foundation of national attachment it has been possible to build a kind of civic patriotism, which acknowledges institutions and laws as shared possessions and which can extend a welcome to those who have entered the social contract from outside. You cannot immigrate into a tribe, a family or a faith, but you can immigrate into a country, provided you are prepared to obey the rules that make that country into a home. That is why the many migrants in the world today are fleeing from countries where faith, tribe or family are the principles of cohesion to the countries where nationality is the sole and sufficient step to social membership.

The “clash of civilizations,” which, according to the late political scientist Samuel Huntington, is the successor to the Cold War is, in my view, no such thing. It is a conflict between two forms of membership—the national, which tolerates difference, and the religious, which does not. It is this toleration of difference that opens the way to democracy.

Ordinary patriotism comes about because people have ways of resolving their disputes, ways of getting together, ways of cooperating, ways of celebrating and worshiping that seal the bond between them without ever making that bond explicit as a doctrine. This is surely how ordinary people live, and it is at the root of all that is best in human society—namely, that we are attached to what goes on around us, grow together with it, and learn the ways of peaceful association as our ways, which are right because they are ours and because they unite us with those who came before us and those who will replace us in our turn.

Seen in that way, patriotic feelings are not just natural, they are essentially legitimizing. They call upon the sources of social affection and bestow that affection on customs that have proved their worth over time, by enabling a community to settle its disputes and achieve equilibrium in the changing circumstances of life.

All of this was expressed by the French historian and philosopher Ernest Renan in a celebrated 1882 essay, “What Is a Nation?” For Renan, a nation is not constituted by racial or religious conformity but by a “daily plebiscite,” expressing the collective memory of its members and their present consent to live together. It is precisely for these reasons that national sentiments open the way to democratic politics.

It would be the height of folly to reject the “we” of nationality in favor of some global alternative or some fluctuating community in cyberspace. The task is not to surrender to globalization but to manage it, to soften its sharp edges, so that our attachments and loyalties can still guide us in exercising the thing that defines us, which is the sovereignty of the people, in a place of their own.

Mr. Scruton is a British writer and philosopher. His many books include, most recently, “Confessions of a Heretic” and “Fools, Frauds and Firebrands: Thinkers of the New Left.”

Healthcare Mythologies

First, I will disclose I am no expert on the health care industry, but I am somewhat of an expert on finance theory applied to risk management and insurance pooling. The political healthcare debate is so disconcerting that it’s impossible to sit by and watch without trying to inject some reason. Sorry.

We need health care reform, we’ve needed it for about 20 years now, but it matters what kind of reform we get. Here are two excerpts from recent articles written by Stephen Moore of the Heritage Foundation and Holman Jenkins Jr. of the WSJ that illustrate some of the uncomfortable truths.

First, we need to deal with some reality concerning the Affordable Care Act, aka ObamaCare:

Almost every promise made eight years ago about ObamaCare turned out to be a falsehood. You couldn’t keep your insurance plan, doctor or provider in many cases. It didn’t save $2,500 per family (more like $2,500 more). It didn’t lead to expanded patient choice. And the tax increases badly hurt the economy and jobs market, and the insurance markets really have entered a death spiral that if left unfixed will blow-up the entire insurance market.

The fundamental lie of ObamaCare is revealed in the law’s very title: The Affordable Care Act. Democrats and Barack Obama can sing the praises of this law until the cows come home, but no one with a straight face can say that it has made healthcare more “affordable” — except the millions whom we gave coverage to for free.

So, unless one believes in the “economics of free,” we’ve got a problem here and it’s written into the faulty logic of the plan.

Second, the way out of this quagmire is not going to be led by Bernie Sanders doubling and quadrupling down on “free.” Mr. Jenkins speaks an inconvenient truth:

Down this road [of reform] lies hope that Americans will stop channeling extravagant gobs of their income to the medical-industrial complex. Down this road Medicare could be rethought, perhaps with rational Democrats lending a hand. We know these things will have to happen anyway. Otherwise the country is bankrupt.

P.S. Don’t kid yourself that Democrats have a plan other than blindly defending more and more subsidies for more and more health-care consumers. Single-payer is not a plan. It’s an invitation for the health-care industry—doctors, hospitals, the research establishment—simply to turn their full attention to serving the self-paying rich.

So, as far as I can see, the AHCA is not perfect, but it is a step in the right direction. Do I believe this because I’m partisan? No. A healthcare market can only function to deliver a high-quality, affordable product if there is an abundant supply to meet the desired need/demand. Only a functioning consumer-product market can provide that supply at an efficient price. Yes, we need a safety net for pre-existing conditions and we need to save more for future medical needs. We’ll only be able to do that if we give up the fantasy that health care is a right to be provided “free” from the government.

Lastly, in economics we learn that everything in life is a trade-off. We need to figure out what kinds of trade-offs we want to make, individually and as a society.