Posts Tagged ‘John Locke’

Usurpation, Tyranny and Sailing to Algiers: How Bad Does It Have to Get? (pt. 7)

March 28, 2020

In addition to the past and the present, the attempt to remove a sitting political office holder may be motivated by the future—that is, by anticipation of what he or she will do. This may seem unjust; and were impeachment a legal proceeding it would be, since we would be punishing someone for something he or she has not in fact done. But removing a leader is not a legal act, but rather a political one. That is not to say justice and morality are irrelevant, but only to say they are different.

From the time he was elected, before he had taken office, Obama faced calls for his removal based on acts he was expected to take. He would impose Sharia law. He would confiscate all firearms, in violation of the Second Amendment. He would arrest all observant Christians. He would imprison his political enemies. He would abolish capitalism and impose a communist system. He would impose black supremacy and strip white people of their rights as citizens. He would throw open the borders and allow immigrants from Mexico and other southern countries to pour in unimpeded and uncounted, to collect Social Security and to vote in our elections. And in fact, these fears motivated some people to extreme actions. A white woman carved a B into her own face, claiming to police that she’d been attacked by black men saying that now Barack was president and they could do whatever they wanted; she was caught because she’d used a mirror and therefore carved the B in her face backwards.[1] The Republican governor of Texas called for the Texas State Guard to watch the U.S. Army’s “Jade Helm 15” exercises because of widespread fears that Obama was going to declare martial law and imprison his enemies in abandoned Walmarts.[2] These fears about Obama’s plans, and the rhetoric and action they provoked, led liberals to give the whole phenomenon its own name: Obama Derangement Syndrome.[3] The thinking here was that large numbers of otherwise sane and well-informed people (as well as many who weren’t) were particularly prone to believe conspiracy theories about President Barack Obama, and sometimes even to act on those fears.[4] Conservative politicians sometimes encouraged these beliefs, by saying that they “understood” these concerns, or by threatening armed resistance against the U.S. government if it carried out its alleged intentions; other conservative politicians denounced these beliefs and conspiracy theories.

Donald Trump, also, faced calls for his impeachment “from Day One” and beyond, at times based on things that he would do. It was alleged that he would use his office to enrich himself, that he would appoint corrupt and/or biased officials to important posts, that policy would be dictated by political agendas and flattery of the President rather than by science or competence, that hate crimes would rise, that the U.S.A. would become an international laughingstock, that Russia and other foreign powers would use money and favors to promote policies that weakened the United States, that religious groups other than Evangelical Christians would be discriminated against, that the environment would be degraded, that taxes on the rich would be slashed and then, citing budget shortfalls, programs such as Social Security would be gutted, that national immigration policies would be dictated by racism rather than morality or facts, and so on. Mr. Trump’s defenders in turn began to denounce “Trump Derangement Syndrome.”

We could even say that this sort of prognostication has made it into the official record of the United States Senate. Adam Schiff, arguing for Donald Trump’s removal from office, did not appeal only to his past and present actions, but also to his future acts if he continued to hold the reins of power. He said:

 

 

 

“We must say enough — enough! He has betrayed our national security, and he will do so again,” Schiff, D-Calif., told the Senate. “He has compromised our elections, and he will do so again. You will not change him. You cannot constrain him. He is who he is. Truth matters little to him. What’s right matters even less, and decency matters not at all.”[5]

 

 

 

Rep. Schiff was arguing, essentially, that based on his past behavior and expressed intentions, Donald Trump will commit acts that break the law, violate the Constitution and endanger the nation. Therefore, he should be stripped of political power not only because he has abused his office, but even more because of what he will do in the future.

The future, by definition, has not and does not exist; it is only possibility. Therefore, any action undertaken based on future events is problematic. But as Locke points out, sometimes it is necessary. To tell people they can only resist tyranny when the tyrant has seized power and clapped them in irons is at best pointless, if not sheer mockery. It would be like telling passengers who find that the ship they are on is taking them to the slave market in Algiers that they can do nothing because, after all, the captain is the captain, you must trust his judgment and authority, and that if you believe he is abusing his power then you can exit the ship just as soon as it reaches its destination and choose a ship with a new captain. At the same time, to mutiny three days out of dock, just because the ship was heading south and the captain has dark skin like an Algerian slaver, would also be insane. Locke, true to his empiricist philosophy, says we should base our judgment on observation and induction. If the captain repeatedly aims towards Algiers, despite repeated obstacles and repeated assurances that he’d never do such a thing, then it is reasonable to draw conclusions regarding his true intentions and to act on those conclusions. And if a politician with executive power should repeatedly act against the laws of the nation, against the expressed wishes of the people, putting his or her personal interests ahead of the general welfare, deceiving and suppressing liberty, it is reasonable to assume that he or she is actively seeking tyrannical power over the nation, and to act to stop this.

The reasons why conservatives were so convinced that Obama had tyrannical intentions were always a mystery to those of us who don’t watch Alex Jones or listen to Rush Limbaugh. Many of the anti-Obama (and later, anti-Clinton) charges seem insane, such as Pizzagate and the claims about NASA pedophile camps on Mars. The actual record of Obama, the actual evidence of his intentions, came largely from his bibliography and his having attended a UCC church led by the Afrocentric theologian Rev. Jeremiah Wright. The publicly available facts were that Barack Obama’s father was African, Muslim and anti-colonial; however, he had relatively little to do with raising Barack, who was instead brought up by his mother after his father left them. She was white, and while she was progressive for her time she had worked more intensely to insure her son was raised with so-called “middle class” values like education, hard work and caring for his fellow Americans than many conservative parents can boast. Aside from his skin, name and having spent part of his childhood in foreign countries, he had a childhood that many conservative politicians would have envied. He was attacked for having been a community activist, which conservative pundits claimed showed he was a radical revolutionary; but George H. W. Bush famously praised individual activism as “a thousand points of light” shining the way for the nation. And while Rev. Wright’s rhetoric can be fiery, as a freshman senator Obama’s behavior was not particularly shocking. Returning to Locke’s analogy, it was as if the new captain had said, “I’ve heard the climate in Algiers is nice this time of year, and they have some beautiful buildings,” but then had sailed a normal course. Maybe you’d want to watch him, but there’d be too little real evidence to make a reasonable claim that he was sailing to Algiers. And as President, the evidence was even more mixed: while there were certainly policy disputes and power struggles with the Congress whose leadership had declared that its top priority was to make him a one-term president, he never attempted to impose Sharia, confiscate all guns, or carry out any of the dire predictions made of him. He complied with court rulings regarding Congressional subpoenas, made his Secretary of State and other officials available for multiple public and private hearings, and generally behaved as we had always expect a president to behave. He never declared opposition to the Constitution, which he had taught and studied before becoming president; and his actions were mostly consistent with his words.

Donald Trump had a much longer public record, being both much older and much more famous before his election. He had said that he was genetically superior to most Americans, who lack his intelligence and industriousness and therefore allow themselves to be led by the superior men like himself.[6]   He attributes his success, and the failures of people like coal miners, to his own natural superiority and their inferiority.[7] To many, this sounds far more ominous than Obama having said he liked Rev. Wright and then hearing that Wright had said God should “damn America” for the sins of racism and the slave trade. After all, Obama didn’t explicitly endorse this claim by Wright; but Trump does endorse eugenics, which disturbs some people.[8] Claims by his ex-wife that he owns and reads a collection of Hitler’s speeches also raises concerns.[9] Add to that his divorces and bankruptcies, which together imply a lack of commitment to his promises, his legal history including lawsuits by employees and business partners he’s refused to pay, fines for racial discrimination at his properties, multiple acts of sexual assault, accusations of fraud at Trump University and other cases, most of which he settled rather than take to trial, and many people had serious doubts about his character. The Mueller Report and impeachment hearings revealed a pattern, witnessed and sworn to by many people, of obstruction of investigations which were lawful but he deemed “unfair,” as well as calling for investigations of people he disliked without any legal grounds, all to help his career. Furthermore, millions of dollars of taxpayer money have been spent at his properties, suggesting ongoing corruption; and his repeated claims that he deserves a third term and his complaints that various aspects of the Constitution are bothersome strongly suggest that he is not particularly devoted to the Constitutional limits on his power. These are some of the points of evidence that lead Congressman Schiff, and millions of others, to fear that Donald Trump is at best a compulsive, serial crook with unwitting or unreflective tyrannical tendencies, and at worst a full-blown authoritarian seeking to undermine our democratic institutions so he can add the United States of America to his business empire as one more hostile takeover.

By Locke’s standards, then, there was little ground to remove President Obama, and it is not surprising that he was not impeached and that he won reelection. The claims that he was an usurper, or that he had otherwise committed crimes that were disqualifying, were proven untrue by the standards we generally use to prove any historical fact. In other words, if we don’t know Obama was born in Hawaii, we really can’t say we know anything that happened which we did not actually see. Historical documents, eyewitnesses, and the coherence of evidence all testify that the Holocaust was a terrible crime, that the American Revolution led to the United States of America being formed from the thirteen British colonies, and that Barack Obama was born in Hawaii and thus legally fit to hold office as President of the United States. Continued denial of these or any other facts backed by evidence of like quality is akin to psychosis.

Acts done during his presidency were occasionally challenged and denounced, but none were shown to warrant impeachment. His use of executive orders and his power struggles with the Congress headed by an opposing party were consistent with what we have seen in the past, and less extreme than what we witnessed during the Reagan administration and some other recent presidencies.

As to removal due to his future acts, these proved to be the most baseless. He never claimed any intention to do much of what conservative politicians and right-wing media said he was certainly planning to do, and in fact he never did. He never grabbed our guns, imposed Sharia, shuttered Christian churches, ceased deporting illegal immigrants, never arrested political opponents, never declared martial law, never sought to ban private health care or “socialize medicine,” nothing. While it is easy to see why many might have been alarmed at the rhetoric of Rev. Wright, the fact is that the American people did not elect President Jeremiah Wright; they elected President Barack Obama, who proved to be a steady, calm, clear communicator willing to talk to and listen to all sorts of people. And if there was any thought that he would betray the U.S. to the terrorists or wasn’t committed to fighting terrorism because he wouldn’t use the words “Radical Islamic Terrorism,” those fears were largely dispelled when he ordered the killing of Osama bin Laden.

By contrast, many (not all) of the concerns about Donald Trump have turned out to be well-founded.   He was fined for racist discrimination in his rental properties and admitted racist statements towards employees.[10] He bragged about committing sexual assault, then denied it, then threatened to sue the dozens of women who accused him of rape, groping, barging in on them while they were changing at the beauty pageant he owned, in short accused him of the very behavior he had boasted, but he never sued at all or testified under oath about their claims. He paid fines relating to various charges of fraud, including Trump University, a breaking scandal during the election for which, as soon as the election was over, he agreed to pay fines and damages. His campaign was accused of having improper connections to Russia and other foreign governments; since the election multiple campaign leaders and close Trump advisors have pleaded guilty or have been convicted of these charges. The Mueller report concluded that while there was no actual “conspiracy,” that was largely because the Trump campaign was too inept and too rent by personal rivalries among his staff to effectively conspire, and his administration was too weak to deliver on promises made to Russia because they feared looking like they were beholden to Putin—which, apparently, they were. Mueller also described ten separate instances of obstruction of justice carried out by Mr. Trump, intended to block investigation of Russian assistance to his campaign. Thus there were instances in the past that suggest that he was morally and psychologically flawed, and unlikely to be a good president. There is even some evidence that his campaign might have been illegal. In the end, though, there is nothing in the Constitution that says a lying, neurotic criminal can’t run for President. Even one with business ties to hostile foreign dictators can run, though he is supposed to be forbidden from actually holding presidential power while receiving income from foreign investments (U.S. Constitution Article 1, sect. 9, clause 8). So in that sense, the charges against Donald Trump were never as disqualifying as those against Obama; if the charges against Obama had a shred of truth in them, they could have barred him from even running for office. The charges against Trump were therefore less serious, in that sense; they were more serious in that they were put forward by people who meant them seriously—that is, who actually believed them and had evidence and reasons for those beliefs, rather than simply making baseless accusations to try to score political points by playing to paranoid delusions.

The evidence that Donald Trump is an usurper is weak; there has been no solid evidence that any votes were changed to get him elected, and even if his campaign did conspire with foreign governments the prescribed penalty would be a fine, not removal from office. The evidence that he is now a full-blown tyrant is also weak, being largely a matter of interpretation; he may be a corrupt authoritarian who is openly trying to rig his reelection and abusing his power in the process, but his abuses do not strike most people as directly barring them from what they want to do. But the evidence that he wants to exercise tyrannical power, wants to subvert representative democracy and undermine the other branches of government, is abundant and glaring. His words, his actions, the testimony of his confidants and aides all point towards this, just as if the captain should persistently steer towards Algiers. Even though, when circumstances or protests dissuade him, he might temporarily set another course, he always returns towards his original destination. It is therefore permissible, and I would say it is morally necessary to oppose him, before he can deliver the entire “ship of state” to the port of bondage. The only real question is what sort of resistance is required or allowed.

[1] “Cops: McCain Worker Made Up Attack Story;” CBS News October 24, 2008 (https://www.cbsnews.com/news/cops-mccain-worker-made-up-attack-story/)

[2] Jonathan Tilove, “Abbot Directs State Guard to Monitor Operation Jade Helm 15 in Texas;” Statesman September 25, 2018 (https://www.statesman.com/NEWS/20160923/Abbott-directs-State-Guard-to-monitor-Operation-Jade-Helm-15-in-Texas) also Matthew Yglesias, “The Amazing Jade Helm Conspiracy Theory, Explained;” Vox May 6, 2015 (https://www.vox.com/2015/5/6/8559577/jade-helm-conspiracy)

[3] Ezra Klien, “Obama Derangement Syndrome;” Vox February 23, 2015 (https://www.vox.com/2015/2/23/8089639/obama-derangement-syndrome)

[4] Algernon Austin, “How Being an Obama Hater Warps Your Mind;” HuffPost October 21, 2015 (https://www.huffpost.com/entry/how-being-an-obama-hater_b_8347142)

[5] Dareh Gregorian, “Schiff’s Powerful Closing Speech: ‘Is There One of You Who Will Say, Enough!’?” NBC News February 5, 2020 (https://www.nbcnews.com/politics/trump-impeachment-inquiry/closing-argument-democrats-say-not-removing-trump-would-render-him-n1128766)

[6] Caroline Mortimer, “Donald Trump Believes He Has Superior Genes, Biographer Claims;” Independent September 30, 2016 (https://www.independent.co.uk/news/world/americas/donald-trump-president-superior-genes-pbs-documentary-eugenics-a7338821.html)

[7] Nate Hopper, “Donald Trump Once Worried About Coal Miners Getting ‘Black-Lung Disease’ from ‘Damn Mines’;” TIME June 1, 2017 (https://news.yahoo.com/donald-trump-once-worried-coal-215437514.html)

[8] Marina Fang & JM Rieger, “This May Be the Most Horrible Thing that Donald Trump Believes;” Huffington Post September 28, 2016 (https://www.huffpost.com/entry/donald-trump-eugenics_n_57ec4cc2e4b024a52d2cc7f9)

[9] Marie Brenner, “After the Gold Rush;” Vanity Fair September 1, 1990 (https://www.vanityfair.com/magazine/2015/07/donald-ivana-trump-divorce-prenup-marie-brenner)

[10] Michael D’Antonio, “Is Donald Trump Racist? Here’s What the Record Shows;” Fortune June 7m 2016 (https://fortune.com/2016/06/07/donald-trump-racism-quotes/)

Usurpation, Tyranny and Sailing to Algiers: How Bad Does It Have to Get? (pt. 6)

March 21, 2020

I wrote this before the COVID-19 outbreak, and therefore it does not address this rapidly-changing situation.  It may seem like a lifetime ago that we were discussing impeachment and abuses of power.  However, these are still important questions; besides, I hate loose ends and I have time on my hands, so I want to go ahead and finish.

A president (or other executive) might also be removed based on the present facts; not that he or she is an usurper, but rather that he or she is acting as a tyrant. Obama faced repeated calls for his impeachment, not only by FOX News and other conservative opinion makers but also by Republican lawmakers such as Darrell Issa and Tim Scott. The more substantive arguments alleged abuse of power, in that Obama’s executive orders were said to either go beyond Congressional authorization or to refuse to enforce Congressionally-passed laws. However, none of these claims ever really went anywhere, and it is debatable whether even the people making these charges really believed them; there was a general pattern of calling for Obama’s impeachment during the election season, and dropping the topic once the election was over.

Donald Trump likewise faced calls for his impeachment based on abuse of power; or in Locke’s terms, that he was exercising power which neither he nor anyone had a right to, and thus was acting as a tyrant. A partial list of these reasons include:

  1. Violations of the Constitution’s “Emoluments Clause,” which states that a President may not receive income from foreign persons, powers or properties while in office. Unlike past presidents, Trump has held onto his extensive business empire including business dealings with Russia (which he sought to hide, according to the Mueller Report), investments in Turkey (which even he admits cause “a little conflict of interest”[1]), Saudi Arabia, Qatar, and many other countries, as well as domestic properties that receive much of their income from foreign nationals and governments.
  2. Ten acts of obstruction of justice, as this is defined in law, and as documented in part II of the Mueller Report.
  3. Obstruction of Congress and solicitation of foreign interference in our nation’s elections, violating election law and soliciting a bribe. These last two actually resulted in articles of impeachment being passed by the House of Representatives.

So whereas Obama faced continuous calls for impeachment which never materialized, Trump was in fact impeached based not on past disqualifications but on his present actions. What was the difference?

Locke points towards an answer with his chapter “Of Prerogative.”[2] Locke accepts that no legal system could possibly predict all contingencies, and therefore assumes that a civil government will allow its magistrates to exercise their power at their own discretion. He even accepts that a judge, sheriff, or even a king (or president or other chief executive) might violate the letter of the law. What matters to Locke is the motivation behind this act. Locke distinguishes between proper perogative and abuse of this power by citing the welfare of the people, writing:

 

 

 

But since a rational creature cannot be supposed, when free, to put himself into subjection to another, for his own harm; (though, where he finds a good and wise ruler, he may not perhaps think it either necessary or useful to set precise bounds to his power in all things) prerogative can be nothing but the people’s permitting their rulers to do several things, of their own free choice, where the law was silent, and sometimes too against the direct letter of the law, for the public good; and their acquiescing in it when so done: for as a good prince, who is mindful of the trust put into his hands, and careful of the good of his people, cannot have too much prerogative, that is, power to do good; so a weak and ill prince, who would claim that power which his predecessors exercised without the direction of the law, as a prerogative belonging to him by right of his office, which he may exercise at his pleasure, to make or promote an interest distinct from that of the public, gives the people an occasion to claim their right, and limit that power, which, whilst it was exercised for their good, they were content should be tacitly allowed.[3]

 

 

 

Since the legislature cannot predict every contingency, some leeway must be granted to the executive. The local or national government may act without direct mandate from the law or even seemingly against it. For example, Locke says that if tearing down the house of an innocent man is the only way to stop a fire from spreading and destroying the city, the executive authority on the scene may do so. This is because the people form and assent to government for their own good, and particularly for the preservation of the lives of every one of them. If strict adherence to the law, or inaction until the legislature can convene and issue a relevant law is to lead to the death or suffering of people, then the executive branch of the government must act immediately. Likewise, Locke argues, there may be a person who is technically guilty of breaking the law, but has acted for the good of all and in fact deserves reward and honor rather than punishment; in this case, Locke says, the executive is empowered to pardon this person.[4] Always, the test is whether the act of prerogative is performed as a service to the people and for the good of the community as a whole, or as a right of the executive to act according to his or her own welfare and desires.

Obama faced repeated calls for his impeachment based on his actions at the time, which we call “executive orders” and Locke would define as “prerogative.” Often these calls came from extremist websites and pundits such as InfoWars, but at times the threats came from elected officials or former officials within the Republican party. One particular flash point was immigration.[5]   During the Obama administration there was a rise in border crossings, including both asylum seeking and attempts to sneak across the border undetected. Obama raised the ire of many liberals by deporting large numbers of undocumented and would-be immigrants, even being called “Deporter-in-Chief” by some. However, he issued one of his most controversial executive orders when he announced that the so-called “Dreamers,” children of undocumented immigrant parents who had perhaps lived in this country since infancy, would not be deported. Essentially, the Obama administration announced that it would prioritize deportations, seeking to remove criminals first, and deporting last (if at all) people who had lived in this country for years or decades and who had no part in choosing to immigrate since they were children at the time. This was claimed to be a failure to enforce the laws of the nation, and thus a violation of the Presidential oath of office; it was also alleged that this was done for partisan reasons since the immigrants would presumably vote Democrat. It was even alleged, without any proof and even against all evidence, that large numbers of undocumented immigrants would or had voted Democrat. However, these calls for impeachment may have been mere rhetoric, and in any case they failed to stir any serious impeachment attempt. Obama was able to argue, in courts and to the public, that it was a necessary part of his office to enforce the laws as he thought best for the American people, and that included prioritizing deportations of dangerous undocumented immigrants first, then the unproductive, rather than targeting those who were contributing to the welfare and economy of the nation and hadn’t even chosen to break immigration law in the first place. In Locke’s terms, this seems to be a legitimate exercise of prerogative; and the argument for this was reinforced by the fact that Obama was in fact vigorously enforcing immigration law overall. So long as he was seen as going after what would later be called “bad hombres” few people really cared if he ignored or protected “Dreamers.”

Donald Trump likewise faced calls for impeachment for some of his acts of prerogative. He has publicly suggested pardons for people under investigation for crimes allegedly committed on his behalf, such as Michael Cohen, so long as Cohen refused to cooperate with prosecutors. This is mentioned as one of the possible acts of obstruction of justice found by the Mueller investigation. As Locke says, a legitimate act of prerogative would be to pardon someone who acted against the law, but for the good of the nation; but in this case a pardon was offered for someone whose actions had no benefit for anyone but the president.[6] But while such actions as these were potentially impeachable, Trump faced actual impeachment and trial for his acts of prerogative in attempting to pressure Ukraine, an ally under attack by its stronger neighbor Russia, into doing political favors for him. He used the power of his office to delay promised aid and to withhold a public meeting that would signal U.S. support of Ukraine. Trump then attempted to hide what he was doing from Congress and the people. When the story finally came out, he defended himself by pointing out that Obama had also delayed aid to an ally, Egypt, so it was his right as President to do so. However, Obama had delayed aid because there had been a coup in Egypt; in other instances, there were concerns over corruption in the recipient country. In this case, all relevant agencies had determined that Ukraine needed the military aid promised by Congress, that it was meeting its obligations to fight corruption so the money would be properly spent, and that the aid was urgently needed. The only reason to delay the aid, it seems, was to pressure Ukraine to announce an investigation of one of Trump’s political rivals in an attempt to help Trump’s reelection campaign.

The defense against this claim of abuse of power obliterates the distinction Locke drew between proper prerogative and acts of tyranny.[7] Trump lawyer Alan Dershowitz argued that anything a president does for the good of the nation cannot be considered an abuse of power. Since every politician thinks his or her own reelection is for the good of the nation, anything a sitting public official does to aid his or her own reelection is thus for the good of the people, and a legitimate act of prerogative. While Mr. Dershowitz concedes that a President demanding a contribution to his personal bank account might be impeachable, his efforts to cover up or impede an investigation into this crime would not be; and in any case, demanding some other payoff such as a political favor would not be. While Locke, and our Founding Fathers guided by Locke’s philosophy sought to distinguish between prerogative done for the good of the people and abuses of power done for the benefit of a corrupt politician, the Trump Party has said there is no difference since whatever is done to benefit the political office holder is by definition “for the good of the nation.” Or, as an earlier politician put it, “L’état, c’est moi.”

[1] Russ Choma, “Reminder: Trump Has a Massive Conflict of Interest in Turkey;” Mother Jones Oct. 7, 2019 (https://www.motherjones.com/politics/2019/10/reminder-trump-has-a-massive-conflict-of-interest-in-turkey/)

[2] Locke, Chapter XIV

[3] Locke, sect. 164

[4] Locke, sect. 159-61

[5] Erika Echelburger, “These 7 Conservatives Would Impeach Obama Over Immigration;” Mother Jones November 14, 2014 (https://www.motherjones.com/politics/2014/11/obama-executive-order-immigration-republican-impeachment/)

[6] Bart Jansen, “Trump Repeatedly Tried to Impede the Russia Probe, Mueller Report Says. Was it Obstruction?” USA Today, July 23, 2019 (https://www.usatoday.com/story/news/politics/2019/04/18/mueller-report-evidence-for-and-against-obstruction-president-trump/3405039002/)

[7] Charlie Savage, “Trump Lawyer’s Impeachment Argument Stokes Fears of Unfettered Power;” The New York Times January 20, 2020 (https://www.nytimes.com/2020/01/30/us/politics/dershowitz-trump-impeachment.html)

Usurpation, Tyranny and Sailing to Algiers: How Bad Does It Have to Get? (pt. 5)

March 11, 2020

Application: Human action may be motivated by the past, the present or the future.

Actions are motivated by the past when we act because of something that has happened, or failed to happen in the past. For example, a society may punish a lawbreaker because that person did something terrible and society (or a judiciary acting in its behalf) has decided that this criminal “deserves” to be punished. Or, you may give someone $20 because in the past you agreed to pay him to cut your lawn, and he did in fact cut your lawn.

Actions are motivated by the present when they are reactions to something occurring now. If the police see a crime in progress and arrest the perpetrator, that action was motivated by the present. If you cry or laugh at a movie, it is because you feel emotions prompted by what is occurring in the present.

Actions motivated by the future are a bit more complex, because the future was not and is not, but might be. It is possibility. The agent is thus taking a particular actual action in anticipation of what the future might be. It could be argued that this is really a species of present motivation, because the immediate motivator is one’s present fear, desire or anticipation, and that subjective motivating feeling is actual in the present. But it is still useful to draw a distinction between actions motivated by present actualities versus actions motivated by anticipations of the future. For one thing, the latter are much more fraught. One may anticipate future rain and end up lugging an umbrella around on a dry day. One may marry because one believes the beloved will be a good life-partner, only to find that one or both of you is not up to a lifetime bond. The Precogs may name the wrong future criminal. It is thus a useful act of humility to remember that while one is immediately responding to one’s current fears or hopes, the future circumstances one is anticipating may be totally wrong. However, humans are creatures that plan. We live towards the future, which we anticipate as best we are able.

Why might one resort to force, or other methods of resistance, to try to remove a governmental leader such as a constitutional monarch in Locke’s day, or a president in ours? One might do it because the person holding the office did not deserve it or was not qualified due to some past circumstance. One could claim that the current office-holder was in fact an usurper, who did not come to the office legitimately and thus did not deserve to hold it now. Barack Obama faced calls for his impeachment from the moment he took office, and in some cases even before.[1] During and after the 2008 election for President of the United States of America, Obama was alleged to be, in essence, an usurper, not qualified to hold the office of President because he was not born a citizen. Since this claim allegedly rested on past circumstances, it was addressed most directly by simply producing evidence from the time to show the claim was false; this was done when documentary and journalistic evidence was produced of equivalent quality to that considered adequate to prove any other historical event. Legal documents, contemporary news announcements and eyewitness testimony was offered to show that Barack Obama was in fact born in Hawaii, and that his mother was a U.S. citizen. Despite this evidence, calls for his removal based on the “birther” conspiracy theory continued for years, most notably from Mr. Donald Trump.

Donald Trump has said that he faced calls for his removal “from Day One,” and that is true. Even before he took office, there were many who said he had committed crimes during his campaign that should have been disqualifying. Others said that he had lost the popular vote and thus did not have a mandate from the people. However, the alleged crimes were at that time unproven, and winning the majority of the popular vote is not in fact required under our Constitution. More serious were the charges that the vote had been manipulated and hacked, and that were it counted accurately he would have lost even the Electoral College vote.[2] If there had been a serious investigation, it might have shown that Donald Trump is in fact an usurper, and should be removed from office immediately. Of course, it might also have simply verified the official results. It might even have shown nothing, since many of the districts where Trump did best were districts that had easily-hacked voting machines with no paper record of the votes cast. In any case, no such serious attempt to verify the election was made, as Ms. Clinton chose to accept defeat rather than contest the election.

To be continued…

[1] Shane Croucher, “Donald Trump Claims Republicans ‘Never Even Thought of Impeaching’ Barack Obama. History Tells a Different Story;” Newsweek 10/22/2019 (https://www.newsweek.com/trump-obama-impeachment-republicans-democrats-1466865)

[2] Dan Merica, “Computer Scientists Urge Clinton Campaign to Challenge Election Results;” CNN, November 23, 2016 (https://www.cnn.com/2016/11/22/politics/hillary-clinton-challenge-results/index.html)

Usurpation, Tyranny and Sailing to Algiers: How Bad Does It Have to Get? (pt. 4)

March 6, 2020

Now let’s take it one step further. The fundamental defining characteristic of a citizen is to play a part in making the laws that govern the society. This is recognized at least as far back as Aristotle, and it is a foundation of Locke’s understanding of the social contract. Suppose the usurper decides to use the powers of the office to pervert the next election, in order to hold onto power. In fact, let’s not even ask whether the office-holder is a usurper; that is irrelevant. Anyone who attempts to prevent a person from voting is robbing that person of the fundamental right of a citizen, and the fundamental right of a human being. Individual freedom is the fundamental inalienable right. I may freely delegate someone to represent me in the assembly or congress or parliament, to act on my behalf and with the other delegates to make laws in my best interests; Locke says that that is not surrendering my freedom but rather giving it expression in the society. On the other hand, even if I have other freedoms, without the right to participate in the making of the laws under which I live, I am not a citizen at all, but at best living in a state of nature, with no essential relationship to this government, free to disobey or oppose it as I see fit.

What makes the apparently non-violent and inconspicuous crime of vote-tampering so serious, more serious perhaps than graft or DUI manslaughter (to name two crimes by famous politicians)? To understand, we must return to Locke’s understanding of the origins and nature of government.[1] In a state of anarchy, people would live as their natural affections drew them and their reason guided them. Thus, we could have a society without a government, existing and interacting as individual and small family groups. But to have any relationship broader than that, we must agree to live together under shared laws and leadership, which (if it is to be legitimate) must be formed by the people and serve to express their collective will. Naturally, if the society that is the foundation of the government and for which it exists is itself destroyed, the government is dissolved. For example, if an invader uproots the community and destroys all the institutions binding people together, destroys homes and separates families, and leaves only scattered individuals, there is no government left and everyone is left back in the state of nature to try to rebuild a new society. Locke says little about this, saying history shows us enough examples that he need not belabor the point; also, it really isn’t his main interest. Locke is concerned with how the government itself might delegitimize itself, overturn itself, and become the enemy of the people and society it was supposed to protect. As we have seen, not every usurper is a destroyer of government. In fact, not every tyrant is a complete destroyer of government. A king or magistrate who abuses his or her power, but not to the point of utterly destroying the institutions of government themselves, may not destroy the government. This seems to be why Locke’s description of tyranny includes some limits on the right of forceful resistance: enough to resist the act of tyranny, but not more.

Some actions by a government, however, would so totally overturn the basis of civil government as to constitute war against the people themselves, effectively putting them back into a state of nature wherein they are entitled to create a new commonwealth on their own and to defend it against their former government as any citizen would against a foreign invader. The first of such actions is “when the legislative is altered.”[2] Locke “imagines” a government with three branches: a judicial, a federal and a legislative. The judicial consists of magistrates and judges and courts for interpreting and applying the law. The federal is the overall unifying head, which Locke suggests could be a king ruling for life but whose powers are limited by laws and traditions so that he is as much subject as master of the other two branches. The legislative is the branch which most directly expresses the will of the people. This is the body that is made up by representatives of the people, chosen by them and from among them, who gather together to consider the needs of the society and to create laws which all will live by. It is this legislative power that is the expression of the free will of each individual drawn together into one collective will, the will of the majority. When the legislative is altered, either by replacing the elected legislators with others chosen not by the people but by some other power (likely the king), or when laws are made without the consent of the legislature or those laws that are made are not enforced, then the will of the people is thwarted, the power they created to bind them into one commonwealth is broken, and they are in fact returned to their state of nature. At that point they cease to be citizens at all, but are merely bound servants to their overlords. In addition to such circumstances as a tyrant simply replacing the laws with his or her own will, replacing the legislators with the tyrant’s own stooges or simply leaving the legislature be but depriving it of the ability to act, the government effectively dissolves when it contrives to hand the nation over to the sovereignty of a foreign power (for example, the perception that Mary Tudor sought to hand the country over to Spain).[3]

Locke lumps all these possible corruptions together as “changing the legislative,” because they represent some sort of nullification of the people’s right to choose their lawmakers and/or the laws they live under. In addition, Locke discusses the possibility that the legislature itself could turn tyrant. Since the people form a government to protect their lives, their liberty and their property, a government that arbitrarily deprives them of these has failed to fulfill the purpose for which it was founded in the first place. This is so whether the legislature corrupted itself through greed or ambition, or was corrupted by the executive either by force, threat, bribery or some other means. If the government itself should not only fail to fulfill its duties to the citizens but even act against the very duties with which it was entrusted, Locke says, the people are free from all responsibility to that government and may establish whatever new government they believe will serve them better.[4] In such a case, they are not “rebels” against their government; Locke argues that it is the government which has declared war on the people and is in rebellion against their authority.[5]

So Locke recognizes a range of ways in which representative democracy can break down, and gradations of appropriate response when it does. In a usurpation, the people might not respond at all; they could choose to accept the usurper and in doing so provide his or her office with the legitimacy it requires: a mandate from the majority. Likewise, in cases of petty abuses (such as spending part of the office supplies budget on the premium coffee the mayor prefers rather than the generic freeze-dried which the city council approved) people might look the other way, or impose some sort of discipline, but no one could reasonably think violence or even arrest was justified. In such cases neither the continuation of the commonwealth nor the inalienable rights of the citizens are at stake. When the abuse of prerogative matures into tyranny, people may resist. If the police lack a proper warrant to enter your home, Locke says, you can resist their attempts to do so as you would any robber. Even in such cases, Locke requires a calibrated response; just as you can’t shoot a neighbor who’s holding your property if you can reasonably expect to regain it by legal means, so too you cannot use force if you have legal recourse against governmental abuse or overreach. So long as the courts are functioning, and the threatened injury not irreversible, the commonwealth is still more or less functional and problems may be resolved more reasonably. “Reason” is a key concept for Locke. He is rather optimistic about the abilities of common sense; he knows people are motivated by passions and desires, but he also believes they can obtain the knowledge and exercise the self-restraint they need to make reasonable choices, usually. And where the law of Reason has not been totally overthrown, that should be our first resort.

Even in cases of real tyranny, Locke says, people will not immediately rush for their flintlocks and bayonets. Locke knows that what he is writing has radical implications. His father served in the Parliamentarian army during the English Civil War, which led to the beheading of King Charles I and six years of Puritan dictatorship, eventually settling down to a constitutional monarchy with strict limits on royal power. He was well aware of the earlier arguments of Thomas Hobbes and the current views of many conservative critics, that anything less than absolute monarchy would degenerate into civil war and anarchy. But Locke, with his faith in common sense, argued that people are in fact unlikely to resort to violence over every little injustice.[6]  People are naturally inclined to seek peace for themselves, and to put up with a lot if they’re used to it or they fear radical resistance could make it worse. They are unlikely to react much if the injustice doesn’t threaten them, but concerns only one or a small number of people. But, if there is a pattern of injustices, and people see that their rights and liberties, the fruits of their labors and even their lives are endangered, and that things seem likely to only get worse over time, then they most likely will rise up against their oppressors. The only difference is that Locke believes they would be justified, since the true purpose of government is the welfare of the people and its legitimacy comes from their mandate alone; an absolute monarchy would condemn the people as rebels and sinners, but still be just as likely to face forceful and even violent resistance after prolonged and habitual misrule.

[1] Locke, chapter XIX, sect. 211

[2] Locke, sect. 212

[3] Locke, sect. 213-18

[4] Locke, sect. 220

[5] Locke, sect. 227

[6] Locke, sect. 224-230

Usurpation, Tyranny and Sailing to Algiers: How Bad Does It Have to Get? (pt. 3)

February 26, 2020

What happens, however, if the representational government and the electoral system that insures it breaks down? And how might it do so? One possibility is someone could grab the reins of power who had no right to it, most likely by fraud. That would be a usurpation.[1] A usurper is one who seizes the office and power to which another is entitled. For example, in the Kennedy vs. Nixon election it was widely believed that Nixon had won, if not for the many fraudulent votes cast in Chicago on behalf of dead Democratic voters. The Democratic political machine run by Mayor Daly was very strong and could generally deliver Chicago’s votes (and with them Illinois itself) to whomever he chose. Nixon was urged to challenge the election but chose not to, allegedly saying such a challenge would be too divisive to the nation. I tend to believe this account, so let’s accept it for the illustration’s sake if nothing else. In such a case as this, JFK could rightly be called an usurper. He wrongly took the office that another person should have had but which was stolen by fraud. However, he was not a tyrant. He may have taken power belonging to another, but he faithfully executed the office of the presidency. He did what was Constitutionally required, not going beyond it in any meaningful way and not abusing or oppressing the citizens of states that voted against him. There were arguably some abuses of power under his administration, but none that raised much ire in his lifetime. Many considered him, then and now, to be a good president, even if his initial victory was questionable. Locke would say that an usurper may rightfully be opposed, but the opposition should be done legally and politically. If the majority of the people accept the usurper, then they essentially ratify the usurpation. This could be said to have happened in JFK’s election, or perhaps in Fatah’s takeover of the West Bank after Hamas won the election for leadership of the Palestinian National Authority 2007-2008 (I am not sufficiently versed in Palestinian politics to say for certain, but that is how it was depicted in the American press).

An usurper need not be a tyrant, nor a tyrant a usurper. As Locke describes it:

 

 

As usurpation is the exercise of power, which another hath a right to; so tyranny is the exercise of power beyond right, which no body can have a right to. And this is making use of the power any one has in his hands, not for the good of those who are under it, but for his own private separate advantage. When the governor, however intitled, makes not the law, but his will, the rule; and his commands and actions are not directed to the preservation of the properties of his people, but the satisfaction of his own ambition, revenge, covetousness, or any other irregular passion.[2]

 

 

 

A leader or magistrate may gain office illegitimately, but fulfill the functions of a proper office-holder. The people might even choose to accept that person as legitimate. Tyranny is more serious than usurpation. A tyrant might come into the office legitimately; a king might be born to it, a president or chancellor might be elected, and so on. What matters is what the person does with the office and its power. If the governor (in the broad sense of one who has governing power) uses that power for the good of the people and according to the will of the majority as expressed in the laws which their legislature, acting as their agents, has created, then he (or she) is a proper governor. If the governor uses the powers of the office for their own personal advantage rather than seeing first to the good of the people and to their instructions, then that person is a tyrant regardless of whether he or she was duly elected. Legitimacy, in Locke’s view, ultimately derives from the will of the ruled, not merely or mainly from the propriety of the succession.

This has practical and dangerous consequences. A tyrant may be opposed by force, according to Locke. An usurper, who is not otherwise tyrannical, may not be. Suppose, just as a thought experiment with clearly no relationship to reality because it’s completely impossible, the president of the United States (a country largely founded on Locke’s philosophical theories) were elected illegitimately. This could be said to happen whenever the minority of the votes determines the presidency due to a quirk in the Electoral College, as happened with each of the last two Republican presidents; but then again, all citizens have agreed to abide by the rules laid down in the Constitution so we could say that even in this case it was no usurpation. But suppose some votes were flipped in the election by a hostile foreign power with some sort of personal relationship to one of the candidates, say one with extensive business investments in that hostile country and thus vulnerable to influence by any government threatening those investments. Suppose further that the only “investigation” of such illegality was to be carried out by the alleged usurper himself, and officials he appointed, and that the body charged with removing an unqualified president was part of the president’s faction and refused to act. However, suppose the usurper proved to be competent and restrained, and did not threaten the rights of any citizen (except for the actual winner of the election, of course, whose right to fulfill the office was denied). In that case, it arguably could be immoral to use force against the usurper. First, Locke sees force as a last resort; if there are still viable legal means, they must be pursued. Second, if the government is in fact still carrying out the laws established by the legislature which in turn was elected by the will of the majority, and is protecting the rights and property of the people, there is no need for force. Third, as Locke points out, there are great practical challenges to force. Most people, he says, are willing to put up with a lot rather than attempt radical or violent change. Even if their government is not all it should be, if it’s functioning well enough and justly enough they’ll likely tolerate it. In that case, the lone “freedom fighter,” and not the usurper, who will be seen as the dangerous rebel or lunatic. It is only if the government is truly tyrannical and is seen as such by a large group of people that widespread use of force is reasonable.[3] In this hypothetical case, the usurper is not unjustly using force against any citizen, so no one has a right to use force against him; and if anyone did, that person would be the one seen as disturbing the peace and threatening the society. On the other hand, if one’s individual rights were infringed by force, Locke says, one would have the right to forceful self-defense. For example, if police try to invade one’s home without a proper warrant empowering them to do so, one has the right to shoot them. The determining factor is whether the wrong one might suffer is urgent. If it is possible to right the wrong peacefully and legally later, then one may not use force to oppose it; but if one is threatened in a way that no later redress could correct, then one may defend oneself by whatever means are necessary and available.

[1] Locke, chapter XVII

[2] Locke, chapter XVIII, sect. 199

[3] Locke, sect. 203-09

Usurpation, Tyranny and Sailing to Algiers: How Bad Does It Have to Get? (pt. 2)

February 18, 2020

 

At this crucial point Locke and Rand differ, and from this division a vast gulf opens between Locke’s vision for “civil government” which was absolutely crucial for our Founding Fathers and the so-called “conservatism” dominant in American politics today. On the origin and nature of civil society, John Locke writes:

 

 

For when any number of men have, by the consent of every individual, made a community, they have thereby made that community one body, with a power to act as one body, which is only by the will and determination of the majority: for that which acts any community, being only the consent of the individuals of it, and it being necessary to that which is one body to move one way; it is necessary the body should move that way whither the greater force carries it, which is the consent of the majority: or else it is impossible it should act or continue one body, one community, which the consent of every individual that united into it, agreed that it should; and so every one is bound by that consent to be concluded by the majority.[1]

 

 

 

Locke’s view is a classic presentation of “social contract theory.” He asks us to imagine a group of individuals living in a “state of nature;” that is, without any politics or government. Locke believes that even without government, we would still be bound by “the laws of Reason,” which he treats as synonymous with “Nature” and “God” since God created Nature and it is human nature to be rational. Thus, unlike Thomas Hobbes, who supposed the natural inclination of humans was towards endless violence, Locke asserts that even in the hypothetical “state of nature” people would live guided by basic principles of reason and justice. Even so, without anyone to mediate between neighbors there would be disputes which would likely devolve into violence. Thus, in order to live together in larger groups in an orderly and peaceful fashion, humans create governments which in turn create laws to define acceptable behavior, magistrates to arbitrate between citizens, and to regulate the use of force if necessary to preserve justice and social order while avoiding the excesses likely with private vengeance. Essentially, each individual gives up some of that complete freedom he or she would have had to regulate their own private affairs and define relations to others, agreeing to live under the governance of a society ruled by the will of the majority. The core of this new society is the legislative body, which represents the collective will of the people. Locke believes this body should be chosen by and from among the people themselves, and that its members act as delegates to represent the wills of those who elected them. The laws made by this body would thus be the expression of the will of the people themselves. Hobbes in his Leviathan had pictured the State as an “artificial person” made up of the collection of all its members, ruled by the absolute will of its government; Locke retains something of this treatment of the commonwealth as a single being created by its members, but sees it as animated not by the will of one totalitarian king but rather by the collective will of the people themselves. Since this body is the expression of the people, and of each individual member, it has limits which Hobbes would not recognize, but also rightful powers which Rand (and other current conservative thinkers such as Robert Nozick) would reject. On the one hand, even in this democratic body animated by the will of the majority, the government must respect the essential value of each individual.[2] This puts limits on the possible “tyranny of the majority;” since in the state of nature one person would not have absolutely power over a neighbor, neither can the commonwealth claim absolute power over the lives and properties of citizens even if acting in the name of the majority. On the other hand, it can impose taxes to pay for such joint projects as the legislature has deemed necessary for the welfare of the people. Locke writes:

 

 

It is true, governments cannot be supported without great charge, and it is fit every one who enjoys his share of the protection, should pay out of his estate his proportion for the maintenance of it. But still it must be with his own consent, i.e. the consent of the majority, giving it either by themselves, or their representatives chosen by them: for if any one shall claim a power to lay and levy taxes on the people, by his own authority, and without such consent of the people, he thereby invades the fundamental law of property, and subverts the end of government: for what property have I in that, which another may by right take, when he pleases, to himself?[3]

 

 

 

Thomas Hobbes assumed that all humans were irrational, greedy, violent and fearful, and could live together peacefully only if beaten into submission; therefore he imagined a “social contract” whereby a group of people, rejecting the “war of each against all” of anarchy, chose to select one individual despot or a small group to bludgeon everyone else. Locke has a much more optimistic view of human nature, seeing it as ruled not only by emotions, but by feelings guided by reason; so the commonwealth he envisions neither needs to be so brutal nor should it be. But he is not so giddy with the power of Reason as Rand is; Locke knows that people are often ruled by their passions and desires, and that the “rational” interests of the individual citizens often do clash, so that in the end we need a mechanism to determine the will of the majority while we all agree to accept and live by the majority’s choice.

[1] John Locke, The Second Treatise of Civil Government (1690) chapter VIII, sect. 96

[2] Locke, chapter XI, sect. 135

[3] Locke, sect. 140

Usurpation, Tyranny and Sailing to Algiers: How Bad Does It Have to Get? (pt. 1)

February 17, 2020

Usurpation, Tyranny and Sailing to Algiers: How Bad Does It Have to Get?

 

 

….how can a man any more hinder himself from being persuaded in his own mind, which way things are going; or from casting about how to save himself, than he could from believing the captain of the ship he was in, was carrying him, and the rest of the company, to Algiers, when he found him always steering that course, though cross winds, leaks in his ship, and want of men and provisions did often force him to turn his course another way for some time, which he steadily returned to again, as soon as the wind, weather, and other circumstances would let him?

 

——-John Locke, Second Treatise of Civil Government, sect 210

 

 

What’s so bad about Algiers? Warm climate, lovely beaches, so what’s not to love? From the 1500s into the 1700s, Europeans were captured and enslaved in Africa, from as far north as Iceland and more often from Britain south along the Atlantic coast and throughout the Mediterranean. At a time when Europe was backwards and underpopulated compared to the Islamic world, hundreds of thousands of Europeans were captured and enslaved by pirates, by raiders, and by kidnappers, and sold in the slave markets of Algiers and other North African ports. Men were usually sent to be worked to death in the salt mines; women were more likely to become domestic servants and/or concubines. Some estimates put the total number of enslaved Europeans at a million or more. True, this is paltry compared to the numbers of Africans enslaved by Europeans, but the size and population of Africa greatly dwarfed Renaissance Europe as well. The demographic impact was locally significant, and the psychological impact far greater. At the time Locke wrote his groundbreaking work on representative democracy, the Second Treatise of Civil Government, Algiers was a destination of horror. A captain who consistently steered towards Algiers was one who endeavored to sell his passengers and maybe crew into slavery. And in such a case, says Locke, the passengers would have every right to join together to overthrow that captain and steer for a safer harbor, rather than meekly wait until they arrived at the shores of slavery to act.

Locke used this image to describe the relations between free citizens and their leaders. Citizens, he argues, do not have to wait until their government has robbed them of their freedom and livelihoods before resisting oppression. If they see that creeping despotism is threatening to reduce them to bondage, they can act to prevent it. But at what point? What is the progression of authoritarianism whereby a representative civil government morphs into something working not for the good of the people, but only for the ruled? When does the government become the enemy?

Today’s “conservatives” write and speak as if government is always the enemy, perhaps the only enemy of the people. John Locke would agree with Ayn Rand’s repeated assertion that “No human rights can exist without property rights.” And he might approve her claim that “the rational interests of men do not clash,” if that is interpreted to mean that all people live naturally under the law of Reason.[1] But he would disagree with her equation of government and criminality. For example, Rand equates Medicare with armed robbery and murder, saying the only difference is the number of victims and beneficiaries.[2] More generally, Rand argues:

 

 

Criminals are a small minority in any age or country. And the harm they have done to mankind is infinitesimal when compared to the horrors—-the bloodshed, the wars, the persecutions, the confiscations, the famines, the enslavements, the wholesale destructions—-perpetuated by mankind’s governments. Potentially, a government is the most dangerous threat to man’s rights; it holds a legal monopoly on the use of physical force against legally disarmed victims. When unlimited and unrestricted by individual rights, a government is men’s deadliest enemy.[3]

 

 

 

To Rand, the vast majority of governments are nothing more than gangs of robbers, to which anarchy would be preferable. The only exception she sees is pre-New Deal United States, where, she claims, individual property rights were respected and government existed only to protect those rights. Leaving aside the historical simplification (such as the omission of slavery), we can see her vision of the “moral” state: an absolute minimalist government, run on fees for services instead of taxation by force, solely existing to provide a marketplace for individuals to trade goods and services with one another without interference from criminals or invaders. There is no such thing as “the public” or “public interest;” there are only individuals.[4]

[1] Ayn Rand, The Virtue of Selfishness (New York: Penguin Group USA, 1964) p.34

[2] Rand, pp. 95-96

[3] Rand, p. 115

[4] Rand, p. 103

Natural Law in an Age of Nihilism (pt. 5)

June 16, 2019

Interestingly (to me at least) the very nihilism at the heart of the Republican administration which is putting together this panel actually suggests an argument that something like this is actually necessary.[i] According to Alasdair MacIntyre, it was inevitable that Western culture would collapse into Nietzschean nihilism once it ceased to base morality in the values of a particular culture. The Enlightenment dream of a universal ethics valid for all persons qua persons was a fantasy from the start. All morality has to be rooted in and derived from some vision of human flourishing. The virtues recommended by that ethics are the character traits that aid in living the sort of “good life” embraced by that particular culture. Outside of any social context, those virtues are arbitrary and unsustainable. Unless you embrace the sort of eudaimonia prized by Athenian gentlemen, the Aristotelian virtues such as bravery, self-control and pride won’t make any sense. An Augustinian Christian’s virtues such as humility and universal love would seem absurd to Aristotle, just as some of his virtues would seem to be nothing more than “glittering vices.” In MacIntyre’s understanding of the history of Western thought, the Enlightenment project of basing ethics on universal reason alone apart from all religious, national or other communal standards was doomed from the start, and in fact cut the foundation out from under human moral thought. The result was emotivism, where moral language simply collapsed into a contest of wills, each individual attempting to get everyone else to feel the way he or she felt about whatever point was being debated. From this point of view (sometimes called “communitarian ethics”), the moral nihilism of Donald Trump and the Republican Party is simply an open acknowledgment of the fact that God is dead and has been for a long time, and all the lofty claims by liberalism to seek universal ethical standards has simply been a fraudulent attempt to impose the standards of their group on everyone else through trickery and persuasion. The notion of “human rights,” from MacIntyre’s perspective, would be rights as defined by a certain group using a certain understanding of human nature, but using language that asserts their view to be the only legitimate one. Conservatives, in this view, are simply more honest in relying on political and physical force rather than sophistical argument.

If MacIntyre offers a reason to doubt the common notion of “human rights” as a culturally and religiously neutral, universal ethical standard, then MacIntyre also offers a solution that would cast more doubt on the legitimacy of the State Departmet’s human rights panel as presented in the press. In his essay, “Is Patriotism a Virtue?” MacIntyre argues that loyalty to one’s own group is the cardinal virtue, the one essential quality for any further moral life.[ii] The virtues stem from one’s vision of the good, fulfilled, “happy” human life; and that vision of human flourishing is conveyed to one by one’s particular culture. Without a particular culture, one has no human ideal to seek to live out, hence no virtues as habits enabling that good life (or vices to lead away from it), no moral roots, and one’s moral life simply withers away. Each of us are products of our culture, and our vision of the good life comes from that culture. However, MacIntyre says, that does not mean that everyone in the culture agrees on everything. For example, he points to Adam von Trott, who was involved in a plot to kill Hitler.[iii] Trott did not act out of commitment to some abstract universal morality; he acted because he felt the Nazi leadership of Germany had betrayed German values and German culture and had to be stopped. On this view of patriotism, “dissent is patriotic,” if it is rooted in core values of the community itself and aims to perfect the community as a project. To discover those core values in any community, one would have to look not only at its explicit claims but at its overall history and trajectory, what that society valued as shown in its deeds and its aspirations and what it seemed to be striving towards.

By this standard, conservatives today seem to be going astray; they do not discover and live out their country’s values, but try to recreate it in terms of some other, smaller community’s project. For example, conservatives in America today do not study history; they rewrite it. Even in the communitarian view, facts are facts; what value one puts on those facts may be another matter. And the facts are that the leaders of the American Revolution, the “Founding Fathers,” studied and quoted Enlightenment philosophy, particularly social contract thinking inspired by Rousseau and Locke. They distrusted religious extremism, what we would call “fanaticism” and which they called “enthusiasm.” They embraced the scientific, empirical investigation of truth. Many (roughly half) were Freemasons, embracing a religious liberalism that rejected sectarian or what we would call “fundamentalist” spirituality; a good many were not even Christian, but rather Deists. Thomas Jefferson, Benjamin Franklin and John Adams, the three men selected by the Continental Congress to write the nation’s Declaration of Independence, were religious liberals. Jefferson, who is credited with describing the “separation of Church and State” as a “wall” between the two, was the third president of the United States; yet in conservative circles he is treated as an outlier and unimportant fringe thinker compared to Aquinas despite the fact that only two Catholics signed the Declaration of Independence.[iv] In an attempt to undermine “liberal” and “Democratic” importance in American history, the Christian Reconstructionism or Christian Dominionism promoted by such religious conservatives as Rousas Rushdooney and Jerry Falwell has sought to present the American revolution as a conservative revolution against a liberal monarchy. In fact, it is no coincidence that both the British Conservative party and the Americans who supported King George III were called “Tories.” So when Pompeo says the State Department’s new panel on human rights will seek to express “our nation’s founding principles of natural law and natural rights,” this seems disingenuous. The overall thrust of conservative efforts, including those by some people on the panel, has been not to return to the principles of the Founding Fathers, but to rewrite them. A better way for such a committee to establish “our nation’s founding principles” would be to include historians who could review the personal views and public writings of our Founding Fathers, as well as seminal texts such as the Gettysburg Address and Lincoln’s Second Inaugural Address, MLK’s “I Have A Dream” speech and other documents that have contributed to the wider civil religion of the USA.

To be continued….

[i] Alasdair MacIntyre, After Virtue second edition (Notre Dame, IN: University of Notre Dame Press, 1984) pp. 1-78

[ii] Alasdair MacIntyre, “Is Patriotism a Virtue?” in Morality and Moral Controversies, ninth edition, ed. by John Arthur and Steven Scalet (Pearson Education Inc., NY 2014) pp. 405-410; originally presented in The Lindley Lecture, Department of Philosophy, University of Kansas (1984).

[iii] “Patriotism,” p. 408

[iv] For example, Brian Thevenot, “TribBlog: SBOE vs. the Media,” The Texas Tribune March 22, 2010 (https://www.texastribune.org/2010/03/22/sboe-removes-thomas-jefferson-blames-media/). The actions described here are by no means unique to Texas, but are representative of conservative rhetoric for at least the last several decades.

Commentary Upon the Declaration of Independence

July 4, 2018

Have you ever read the whole thing?  Take a few minutes and do it now:  http://www.ushistory.org/declaration/document/

Of, if you aren’t into reading, listen:  https://www.npr.org/2018/07/04/623836154/a-july-4-tradition-npr-reads-the-declaration-of-independence

I don’t want to try to do a line-by-line commentary, but over the years teaching ethics and American religion I have come back to these words many times.  I have often heard them quoted or misquoted with reverence  but also at times with malice towards other Americans for whom these words were also written; for these words were written not just for those few alive to hear them the first time, but for all nations and all ages. 

In these times, I want to offer my own commentary, and what these words say to me now.

When in the Course of human events it become necessary for one people to dissolve the political bands which have connected them with another and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature’s God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.

These are often treated as throwaway lines, like the instrumental introduction to a favorite song, and we only start paying attention when the “real” text starts with “We hold these truths….”  That is a shame.  There is a lot in this paragraph that helps us understand what comes next.  First, they are clearly speaking to the world, not just other Americans.  It’s a big deal.  People didn’t just declare independence willy-nilly.  We’ve gotten rather blasé about redrawing lines on a map, but in 1776 this was seen by some to be tampering with the order of Creation.  God established the nations and fixed their boundaries, and the royal families inherited their right to rule through Adam.  Locke’s First Treatise on Civil Government was devoted to refuting this claim, which would not have been necessary if it were not powerful.  And even if that sort of absolute “divine right of kings” was not always fully embraced by the English, there was still a strong reverence for the established borders and political powers.

The Declaration states that the former English citizens will “…assume…the separate and equal nation to which the Laws of Nature and of Nature’s God entitle them…”  This shows the deep roots our nation has in John Locke’s philosophy, so it is worth the time to unpack it.  Locke belongs to that political tradition known as “social contract theory.”  It asks us to imagine all people as free and independent individuals, for that is what each of us is essentially even if we’ve never actually lived as free creature outside of a social structure.  What would life be like?  What is it about living as citizens in a society that makes it better than living in anarchy?  What is it that we can be asked to give up in order to be citizens of a civil state or commonwealth, and what is it that the state owes us citizens?  We are. Locke says, essentially free and equal, separate from one another unless we choose to be part of a community.  That is how Nature and Nature’s God created us.  “Nature” and “Nature’s God” are, for Locke, and for Jefferson (the primary author of the Declaration), and for most of the founding fathers, more or less the same thing.  Jefferson, like many of the Founding Fathers, was a religious liberal.  Some were liberal Christians, while others were more Deists.  Deism believed that God created the world to be good and rational, and that everything we needed to know about God could be found through using our human reason to understand the world that God created.  Deists like Jefferson and Franklin did not see any good from supposing that God regularly rips open the Heavens to help His favorites with miracles, that a guy dying on a cross could pay for your moral failures, or any of that supernatural stuff.  Study Nature, and you will understand Nature’s God.  Live a moral life as your human reason reveals it, guided by the religious and philosophical heritage of Moses and Jesus but also Socrates and Plato and (for Jefferson) even Mohammed and other sages, and you will do what God wanted you to do.  God gave us what we needed to live in the world, and left us and it to work things out.

Not everyone who signed that Declaration agreed with Jefferson’s liberal religion.  Thirteen were Presbyterians and one even a Presbyterian pastor, and the British referred to the Revolution as “that Presbyterian revolt.”  But that is who the Founding Fathers were:  religious liberals and conservatives, seculars and devout, aristocrats and plebeians, North and South, joining together despite their differences to risk their lives for a common cause. 

“We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the Pursuit of Happiness—-“  If they were “self-evident,” it wasn’t to everyone, or there wouldn’t have been a war.  Later peoples have wondered how Jefferson could have written these words while himself owning slaves, and while in fact women were legally little better than slaves themselves with no right to own property, to vote, or to pursue most of the activities we assume are natural for adult citizens without male permission.  The fact is, he was deeply conflicted.  His original Declaration included attacks on slavery, which were stripped from the final version to get Southern colonies to sign on.  Some, like John Adams’ wife Abigail, urged that women’s rights be respected, but it took another 145 years for that to happen.  To many, it seemed “self-evident” that nonwhites and non-males were NOT “created equal.”  History has slowly moved to catch up with the true promise of Jefferson’s words.

“That they are endowed by their Creator with certain unalienable rights, that among these are Life, Liberty and the Pursuit of Happiness—-“ Again I say, “Creator” does not mean “The God of Moses.”  It is Nature and Nature’s God that gave us these rights, not a supernatural voice thundering from a mountaintop; these rights are discovered by the light of Nature and Reason, not from reading them off a stone tablet.  That’s what he meant, and if you disagree that’s fine but don’t quote this document to back you up.  “Unalienable rights:”  what does that mean?  It means that you have certain rights that you CANNOT ever be said to have given up.  You always have those rights, even if you think you don’t.  Among those is the right to liberty.  “Liberty” is the right to live as you want.  You may voluntarily agree to limits on your freedom, but only in ways that enhance your overall ability to do what you want.  For example, you can agree to live according to laws and to let courts punish those who wrong you, but only if those laws protect you and others equally and only if you had a part in making those laws by voting for legislators who would write them and vote on them.  By agreeing to live as part of a group, each individual agrees to respect the will of the majority; if you don’t like it, you should leave if it is intolerable, or stay and try to persuade the majority to change its mind if you possibly can. 

This is a vitally important point today.  There is a powerful movement today called “Christian Reconstructionism.”  It was founded by Rousas Rushdoony in the early 20th Century, and had profoundly influenced Jerry Falwell, Pat Robertson and the so-called “Religious Right,” as well as many conservative politicians such as Mike Pence.  It believes that this was a Christian nation, that its laws were not discovered by natural reason and natural religion but supernaturally revealed by God, that Christians should run it and should use the tools provided by democracy to overthrow democracy, denying most people the right to vote (and thus denying most of them their basic liberty) so that only fundamentalist Christians who endorse laissez-faire capitalism should be allowed any voice in government.  This violates the principles of the Declaration on several fronts.  As we’ve seen, it distorts the words “Creator” and “Nature’s God” to mean something they did not mean in the original document; it denies the idea that “all” people are created equal, since only Christians who subscribe to a particular theology which was not endorsed even by the most conservative Founding Fathers; and it treats liberty as something that is in fact “alienable,” capable of being lost or given away.  And this assault on everything for which our Founding Fathers fought is said to be justified because we were “endowed by our Creator”!

“That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed,—-“  Governments are human institutions, established by humans, for humans, according to human reason and traditions.  It might surprise you to hear that even the great Christian theologian John Calvin, whose Institutes of the Christian Religion was the most influential theological treatise of the Colonial period, said the same thing.  In his view, while Israel received its laws directly from God, other peoples were taught general moral principles by God but left to work out the details of justice and social welfare according to their own understanding and historical heritage.  Ultimately, the signers of the Declaration of Independence say, all governments derive their power and legitimacy from the consent of the governed, not from the endorsement of a small body of clerics or hereditary nobles.  And because government is justified by the will of the people, it can be deposed and replaced by those same people.

What are the reasons for taking this extreme action now?  As the Declaration says, people generally will endure a lot of abuse from their government, rather than take the risk (not only of war but also lawlessness) of overthrowing it.  (This again is straight out of Locke’s political writings.)  Things must be pretty awful to make a large group of people rise up in rebellion, throwing aside the law-and-order of their established government to try to hopefully replace it with something better.  After all, until the revolution succeeds, there is really nothing in its place but the absence of government:  so what makes the government of King George III worse than nothing?

“He has refused his Assent to Laws, the most wholesome and necessary for the public good…  He has forbidden his Governors to pass Laws of immediate and pressing importance…”  Who could imagine such a thing?  Would any government, say, criminalize the use of marijuana, a naturally-occurring plant, even when the people and governments of a state think it would be wholesome and necessary for the public good to legalize and tax this substance?  Would any tyrant refuse to allow a state to require non-medical “abortion counselors” to tell their patients truthfully that they are not doctors or medically trained, but merely religious advocates for a peculiar and untraditional interpretation of Christianity?  Would any despot pledge to overturn laws established for forty-five years, even when a vast majority of the people support those laws? 

“He has endeavored to prevent the population of the States; for that purpose obstructing the Laws for Naturalization of Foreigners; refusing to pass others to encourage their migrations hither, ….”  The Founding Fathers fought against King George III because he restricted immigration!  That may sound like a total non sequitur, but one of the common justifications for limiting immigration is because “Democrats” just want to import voters who will vote a certain way.  Or, to put it another way, we need to restrict immigration to prevent the increased populations even if, or especially if the people who live in that area now want those immigrants, just because the despot and his party want to limit the numbers of people who aren’t partisans of their group.  The Founding Fathers thought that particular regions and local governments should be allowed to recruit new residents if they wished. 

“For quartering large bodies of armed troops among us:  For protecting them, by a mock Trial from punishment of any Murders which they should commit on the Inhabitants of the States…”  LIke, say, Philando Castile?  We may not have “soldiers” living in our homes, but we do have armed people in neighborhoods who are not answerable to the people who they are sent to control, who kill some who are unarmed, unresisting and sometimes not even breaking any laws, and often those killers are acquitted in what seem to the people to be sham trials; and when the national government is asked to intervene to help prevent these killings, they refuse and even support the right of the armed forces to kill at their discretion.  And when some peacefully protest in an orderly manner by kneeling during the National Anthem at a commercial sporting exhibition, the tyrant calls them “sons of bitches” and says they should be stripped of citizenship and deported.  It’s not exactly the same as quartering soldiers in people’s homes, but it must feel the same for those who feel threatened and abandoned by their leaders’ abrupt reversal of policy from protecting unarmed people to protecting the armed ones

“For imposing Taxes on us without our Consent:”  This is the important one.  This is the biggie.  This is the one that could quite likely lead to civil war.  Our country was literally founded on the principle that while taxes are acceptable and even in a sense good, they MUST be made with the will of the people.  And ever since leading Republican activist and leader Paul Weyrich said over thirty years ago that the conservative cause was better supported by stopping people from voting, the GOP has pursued a concerted, conscious and deceptive strategy of stopping as many American citizens from voting as possible.  It has done this by voter ID laws that refuse to look at the identifications that are known to be carried by young people or nonwhites, while accepting other forms of identification (such as gun licenses) that are more likely carried by conservatives.  In North Carolina the state legislature quite openly discussed what sorts of ID black people were likely to have, so they could ban those.  Conservatives have talked about raising the age required for voting and have said quite openly that it’s because they think young people don’t vote conservative.  There has been talk of taking voting rights away from people to protest in favor of “liberal” causes or who were once immigrants but have become citizens.  And our Declaration of Independence makes it clear:  when a government takes your money without giving you the right to vote for the people who write the laws to raise those taxes or decide how the money is spent, that is tyranny and you have a right, even a duty, to fight back.  Conservatives had a right to vote, they lost in 2008 due to their own incompetent destruction of the economy, and they still threatened to take up arms because they didn’t like the Democratic government chosen by the majority.  Now, thanks to gerrymandering and voter suppression laws, we have a government that received a minority of the votes imposing taxes on the majority, not helping even when some are murdered, praising the killers as “very fine people” while protestors are “sons of bitches,” cutting taxes for a small minority of wealthy people while the vast majority either are seeing their taxes rise or are seeing insignificant cuts at best.  If the majority is being taxed without consent, that is a recipe for revolt.  Now, many in the minority party which controls the government are talking about cutting Social Security, which was paid for with payroll taxes paid only by working people, to pay for the tax cuts given to rich people who don’t draw a paycheck and have never paid payroll taxes.  That would mean that the payroll taxes are being collected to give to the rich employers, not to the employees who were counting on using those to retire. 

  “For depriving us in many cases of, of the benefit of Trial by Jury…” Increasingly, people are finding themselves forced into binding arbitration to settle not just civil disputes but even criminal cases.  During the Iraq War an American contractor was gang-raped by several of her male coworkers, and told that she could not sue them under the terms of her work contract; the case had to be resolved through arbitration.  (https://www.thenation.com/article/kbrs-rape-problem/)  The company was well-connected, having previously been led by the then Vice President of the United States.  People who are injured or killed while on the job are regularly stripped of their legal protections by a government that is more concerned with protecting employers from bad publicity. 

“He has excited domestic insurrections amongst us…”  I went to school in Charlottesville.  Having out-of-state neo-Nazi and neo-Confederate paramilitary thugs supporting the tyrant parade through the city where my children were born, having them kill one and injure many more people, and having to listen to them being praised and defended as “very fine people” by someone who is paid by my tax money despite receiving fewer votes than his opponent is beyond offensive.  If anyone can be said to have encouraged and excited domestic insurrections among the American people, it is the despot who praises murderers and who attacks professional journalists while praising and being interviewed by right-wing agitators who urge their followers to take up arms against “liberals” whom they accuse, with total disregard for the truth of their words or the consequences of their deeds, of plotting civil war, child molestation or other nonsense—-while the supporters of the tyrant have been shown again and again, to have actually engaged in those deeds.

As Jefferson said, breaking away from one’s government is not a matter to be contemplated lightly, and thus prudence dictates that we should seek every possible other remedy first.  I am not calling for the violent overthrow of the American government, as some conservative governors and other politicians did when Obama was elected.  Despite the fact that the current occupant of the White House has hinted that he would delay national elections and a majority of his party said they would support him, that has not yet happened, and thus there are still peaceful ways to dissent and to struggle for justice.  But the stated goals, the policies and the actions of the Republican Party in its local, state and national chapters has for thirty years been to subvert the election process, to block legal citizens from voting if they seemed likely to vote Democratic, to oppose the rights of cities and states to enforce their own laws regarding marijuana, immigration or weapons if those conflicted with the desires of the GOP donor base, and generally to seek to undermine democracy under the guidance of pastors and politicians who have stated their goal of imposing a “fundamentalist” Christian theocracy.  It is ironic that a fictional television program about a Christian patriarchal dystopia should be so popular when millions of people are so intent on imposing it in reality, and when, with the financial and political support of foreign adversaries, they are so close to achieving their long-held goal. 

Today, the Fourth of July 2018, is the day that the insurrectionist agitator Alex Jones said that “liberals” intended to launch a second Civil War.  This was, of course, a lie.  Other lies told by Jones have led to the parents of murdered children being harassed and threatened.  Jones pushed one of his followers to fire a gun in a pizza parlor by repeatedly claiming that the DNC ran a pedophile ring in the basement.  The restaurant doesn’t even have a basement, much less a pedophile ring, but Jones didn’t care so long as some liberals got killed.  He promotes lies about racial crimes that have pushed his white Christian male listeners to massacre black church members and others.  And this insurrectionist and traitor is heavily promoted and praised by the tyrant occupying the White House.  He “warns” his followers that “liberals” will start a civil war to encourage them to attack the liberals first——and to spend money buying weapons and other products sold by his advertisers, thus making a multimillion dollar profit by “exciting insurrection amongst the people” with the support of the Despot of DC.  People could die from this.  It is as irresponsible and criminal as a mullah calling for jihad, except that the paramilitaries and insurrectionists who agitate for violence against “liberals” and against “feminists” and against ethnic or sexual minorities have the full support and backing of the Republican Party and the Religious Right.  We are on a road that leads to civil war, and the Republican Party is pushing hard on the accelerator.  There are still exits from this highway to disaster, but we the people need to take them. Start right now by making sure you are registered to vote.  You can check online and register in 37 states (https://www.usa.gov/register-to-vote).  While state and local governments have made it more difficult in recent years to try to discourage people’s participation in their government, it is still legal and possible.  Remember that your parents and grandparents in some cases risked their lives so you could have this chance.  For others, like myself, the fight was further back, but my mother was in the DAR.  My family fought for freedom.  Now there are people who have sworn to take it away.  Let’s not let them.

Finding Our Father and Loving Our Mother: How Humility Can Contribute to an Understanding of Ecological Theology (pt. 8)

February 12, 2018

I have tried to show here that the stereotypical Christian position on ecology is not the only one, or the oldest, or even the majority opinion. It is a rather recent innovation, which has become prominent in recent years because of a well-orchestrated campaign heavily funded by business interests and driven by social-political concerns, that is, “The Culture Wars.” It is a position that owes more to John Locke than to the Biblical heritage, interpreting Scripture through the lens of Locke’s views on property and a libertarian version of Christian Dominionism. Because it is well-funded, it has a loud voice, and is currently very politically influential. However, it is not the only Christian voice. The other voice I have sought to call attention to is much older, and more widely influential. It begins with St. Augustine of Hippo, and thus is foundational for much of Western Christianity both Catholic and Protestant. While it originated in the conversation between Neoplatonism and the Christian Biblical tradition, its moral and epistemological concerns reach beyond that metaphysical framework. It is a theological vision that sees love as the fulfillment of human life, humility as the cardinal virtue to live the life of perfect love, and pride as the deadly sin that turns us away from the live of love which should be our destiny. This tradition is often drowned out today in the press, but it is not silenced; it continues to speak through Christian thinkers directly or indirectly influenced by Augustine’s insights. This theology offers Christians the best resources to contribute helpfully to facing the ecological crisis brought on by human abuse of our environment, abuse at times abetted by Christianity itself and by the same heritage of John Locke which gave us our Revolution.