Lessons You’d Have Thought We’d Learned By Now

“In work relating to the electoral behavior of geographical units… one needs to bring into the equation every scrap of evidence to be had.  V.O. Key, Jr.

The countdown to the inauguration of the 45th President of the United States is now measured in hours, and national polling shows that Donald L. Trump will take office with the lowest popularity rating of any president since Richard Nixon. The months of post-election of second guessing, blamestorming, desperately maneuvering to find some way to stop this inevitability now lie in ruins. Donald Trump, for good or ill, is about to be handed the reins of virtually absolute political power, sitting atop an ideological ziggurat supported by Republican control of both branches of Congress, and poised to soon seize ideological control over the US Supreme Court. Taken together, this is an absolute repudiation of liberal cultural and social values trending back to before the days of Franklin Roosevelt and the New Deal. The depth and degree to which this political “revolution” will affect ordinary Americans is completely unknown, but early actions by the Republican Congress point to a potential rescission of virtually every social and economic justice measure enacted in the last forty or more years.

For those of us who are of a different persuasion than the president-elect, this is a defeat theoretically comparable to ancient Middle Eastern wars where the victors destroyed their defeated opponent’s arts and cultural icons -defacing, toppling, and desecrating sacred and cultural artifacts; actions like that of Taliban fanatics in Afghanistan where ancient Buddhist statues were reduced to rubble by artillery in a matter of minutes. Such analogous circumstances are now in the offing for every aspect of our national government; and it will be only a matter of days or weeks before regulations governing environmental protection, health care management, worker safety, minimum and prevailing wage laws, financial industry dealings, minority business opportunities, dispute and conflict resolution, and even weather monitoring and reporting will either disappear or be shifted into the corporatist realm of “privatization.” Congress, through the arcane practice of “budget reconciliation” has already entrained the extinction of the Affordable Care Act (ACA), derisively called “Obamacare,” and in so doing threatens to put between eighteen and twenty million working Americans back to where they were eight years ago, in fear for their livelihoods and families, when they once again become uninsured and uninsurable.

Further, the president-elect has signaled his intentions by appointing billionaires as cabinet secretaries; “Old Guard” apparatchiki as gate keepers and defenders of privilege; family members as ferrets to root out scientists and government workers who propose social and governmental solutions based on science and logic, and not some ideological litmus test; and has installed a white supremacist as his chief policy strategist. Of course, as liberals and (D/d)emocrats we are all appropriately horrified, but the plain fact is that this day of populist reckoning has been long in the making.

In 1969, Republican strategist and academic Kevin P. Phillips published The Emerging Republican Majority, called by Newsweek magazine the “Political Bible of the Nixon Era,” in that it recognized and articulated the growing disaffection of Southern and Midwestern states with the direction and policies taken by the Democratic Party. The resulting “Southern Strategy” created new alliances between cultural groupings in the “Heartland” – the Midwest and Central US – and the newly converted Republican South.  During this same period, the Democratic Party came to focus more heavily on urban concentrations in the Northeast, parts of the “Upper Midwest” Great Lakes States, and the Pacific coast, essentially surrendering territory just as normative cultural values shifted permanently from “Yellow Dog” Democratic racism to an archly conservative Republican militarism.

Concurrent with Phillips’ book, other academics and cultural commentators weighed in on the implications of these shifts in cultural values. Theodore Lowi’s 1969 and 1979 (2nd ed.) polemic The End of Liberalism: The Second Republic of the United States described and challenged “interest group liberalism” as a factor undermining the United States’ historical patterns of capitalistic, self-interested governance, asserting that the shift gave give rise to a fractured society where collectivist special interests would be able to demand special treatment for real or alleged grievances. Lowi’s criticism included the rise of the “Imperial Executive Presidency,” and relegation of both Congress and the Court System to merely advisory roles, and the attendant disregard for formalistic and stabilizing judicial and juridical rules. The upshot, he argued, was that the shift to resolving issues for individual interest groups as opposed to ruling more disinterestedly and broadly would undermine citizen confidence in their government and result in an open distrust of the institutions.

Lowi offered a four count “indictment” of interest group liberalism:

  1. Interest group liberalism as public philosophy corrupts democratic government because it deranges and confuses expectations about democratic institutions.
  2. Interest group liberalism renders government impotent.
  3. Interest group liberalism demoralizes government, because liberal governments cannot achieve justice.
  4. Interest group liberalism corrupts democratic government in the degree to which it weakens the capacity of those governments to live by democratic formalisms. (Emphasis added.)

By the mid-1980s, Phillips’ Southern states forecast had become a reality as partisans shifted from historical segregationist and “Jim Crow” policies of the pre-Civil War and post-Reconstruction Democratic Party, to the “softer” racism of the GOP. In 1984 political scientist Alexander P. Lamis published The Two-Party South that examined critical shifts in political attitudes in the eleven states that made up the Confederate States of America; and while each reacted in subtly different ways to the changes brought about by passage of the Civil Rights Act and related laws, the underlying shift in values was uniform in rejecting the federal government’s attempt to create a level socio-economic and political playing field for disenfranchised African-Americans. Other changes to the political landscape – the US Supreme Court’s ruling in Roe v. Wade (1973), the rise of Christian identity politics, America’s apparent loss of the Vietnam War, and Ronald Reagan’s truculent spending war with the Soviet Union – added emotional fuel to an already disaffected white society and enabled what would become, in 1994, the “Angry White Man” vote that swept the GOP to congressional power and ushered in the era of Newt Gingrich’s “Contract with America.”

In 1986, another political scientist and avowed Democrat, Ralph M. Goldman, released Dilemma and Destiny: The Democratic Party in America, an insightful and critical analysis of the scattered and disorganized nature of the party as it sought to recast itself as a relevant social and economic justice entity. Goldman’s conclusion pointed to the need for the Democrats to reconcile their disputes or risk becoming a fragmented coalition of Lowi’s interest group liberals. He called for an aggressive party recruitment effort that recognized the disparate nature of emergent groups from the 1960s, 70s, and 80s – feminists, people of color, environmental activists, the LGBTQ communities, alternative religious and/or lifestyle groups, – and creation of mutually agreeable goals and objectives and making a clear statement of fundamental values. Goldman further recommended that platform and Democratic Party policies and programs should become an on-going grassroots effort, not just something done at two and/or four year intervals. He concluded his analysis with an almost prescient statement:

“Democrats will continue to fight like hell among themselves…. Factional battles will be marked, as usual, by inadequate information and ideological rigidity. The greater risk here is not the scars of the internecine fighting but rather the prospect that the factional winner will be unrepresentative of the Democratic electorate.”  (Emphasis added.)

In 1996, then First Lady Hillary Rodham Clinton, speaking in defense of her husband on a nationally televised talk show, said that there was a “vast right wing conspiracy” to attack and discredit Bill Clinton’s presidency in the aftermath of the GOP’s efforts to impeach him. Subsequently, Clinton himself said that the same conspiracy, albeit in a “weakened” form, was trying to do to Barack Obama what had been done to him. That conspiracy, already understood by most political observers, has proven to be fiercely effective given their ongoing efforts at “disinformation,” false narratives, Russian state and independent criminal hacking of partisan electronic data, and unparalleled lies that became part of the everyday discourse of the 2015-2016 campaign season. Secretary Clinton’s conspirators are known to be a small handful of very rich individuals – the Koch Brothers, Sherman Adelson, Richard Mellon Scaife, Roger Ailes – and considering the anonymity guaranteed by the SCOTUS Citizens United decision granting “personhood” to faceless corporations, conceivably even some of the men and women the president-elect has chosen as his cabinet secretaries. In one sense, it is already too late to protest these hidden manipulators who have deployed their wealth and dispatched their minions to discredit liberal and progressive politicians, and even liberal ideas, and in so doing have built entire political machines from the faux news industry to “alt-right” movements grounded in extreme interpretations of biblical scripture and the Constitution of the United States. By stoking the fires of the last forty years of “Cultural Warfare,” these individuals have been able to sway entire regions of the country to their extreme social and ideological world views, and have built a remarkable list of political forces that includes control of thirty-three (33) governors’ chairs, thirty-one (31) state legislatures, and seven (7) with split Republican/Democratic control, compared to the Democrats’ seventeen (17) governors, and eleven (11) state legislatures.

Pointedly, given the mounting tide of hostile GOP legislators, lobbyists, and phony propaganda outlets, and in following Bill Clinton’s and Barack Obama’s “triangulation” on corporatist issues in order to keep their presidencies meaningful, the Democratic Party bought into corporatism and neo-liberalism as an alternative to its post-World War II record of fighting for equality of opportunities for those less well off in society. That significant change resulted in campaign and financial standards and practices that tipped the scales against non-corporatist candidates, and denied them opportunities to fairly compete against establishment figures.  Those same practices eliminated new ideas and approaches to governance, and marginalized the Party’s historical constituencies – including a significant percentage of Democrats who voted for the president-elect.

The point of this essay should be apparent to any of us who still hold to the “old” liberal traditions. We saw this coming (or should have given the painfully obvious maneuverings and body of electoral data) and frittered away our chance to counter these trends, preferring to operate, as Lowi condescendingly calls us, as interest group liberals, picking and choosing the causes we favored and becoming marginalized “Five Percent” voters, narrowly applying our own litmus tests, and opposing competent politicians unless they were one hundred percent behind our narrower goals and objectives, and who, when not satisfied with a solution to an issue, stayed home on election day.

In the days following the 2016 election, much was made of the “populist” uprising that brought Donald Trump into power, with pundits and pollsters alike being “surprised” at the angry backlash of millions of Americans who shouted out their anger, frustration, and open distrust of their government. Subsequent thoughtful discussion from the political left and center has called for a better understanding of that angry multitude, and the forces that gave rise to their hostility. While a better appreciation for this casus belli is certainly necessary, in the months since the election it has become increasingly clear that while many Democratic legislators will stand in opposition to the new president’s dangerous agenda, the Democrat Party establishment has not and will not engage in that kind of introspection, preferring instead to seek ways to “work with” the incoming regime; and this is where the party will ultimately fail.

The reactionary anger of Trump voters’ has been inculcated, deliberately cultivated over several decades, and is made the more dangerous because that political class lacks the education and political sophistication to understand the ramifications of its actions, and because the groups have shown a genuine willingness to tear down the current, flawed system so that it can be replaced with “simpler” nationalistic solutions; and it is here that the Democratic Party must recognize the damage done because of their disengagement from their rank and file, and renew efforts to make direct, meaningful contact with those who now feel disenfranchised once again by the “Angry White Men’s vote.”  Failure to move quickly and effectively to counter that challenge will either result in the demise of the party itself, or the far greater disappointment if becomes a mere satellite of antigovernment corporatism or its more terrifying big brother, fascism.

At this point in history I’m not convinced that the Democratic Party in America can change sufficiently to save itself. Broadly written, the Party is a day late and a dollar short, and in temporizing over issues arising from the GOP’s lopsided control of all branches of the national government, it will only become weaker and more irrelevant. If it cannot refocus on building grassroots organizations from its historic constituencies in the next two years, to absolutely dominate the mid-term elections and take back voter apportionment control, it will leave the field wide open for other interests to build competing organizations that will likely be little more than Lowi’s “interest group liberals,” and Goldman’s factionalized internecine warriors.

There may be an alternative, however, for others to build what Goldman suggested in the 1980s – a genuinely transnational political party. Such a multinational/regional partisan organization, willing and able to work across national boundaries by sharing common agendas dealing with global climate change, natural resources management and environmental protection, international human rights, guest worker and immigrant inter- and intra-national trade, e-commerce and information sharing, public health and pandemic disease management, and other such circumstances might serve to rebalance the scales for resident workers, the socially and politically disenfranchised, and refugees fleeing economic and environmental disasters.

And for the scoffers out there, it’s useful to reflect that the pending Trades in Services Agreement (TiSA) and its companions, the Trans-Pacific Partnership (TPP), and Transatlantic Trade and Investment Partnership (TTIP) treaties are corporatist versions of what Goldman originally proposed. Some international and trans-border agreements already exist, such as the North American Free Trade Agreement (NAFTA) that opened US boundaries to the transshipment of oil, grain, imported steel, and a host of other products manufactured in low-wage countries, and others of a far more beneficial nature (i.e., NATO, the Pan American Health Organization (PAHO), the European Space Agency (ESA), etc.) that already provide the impetus to organize workers, small businesses, technology experts, and even academics into a partisan force capable of advocating in its own interest and not subject to the string pulling of corporatists and an increasingly dysfunctional federal government. Who knows, perhaps a North American Transnational Party might serve to rebalance the scales for worker and citizen equity and justice?

Above all, whatever form the new political party takes, it will have as its first priorities confronting entrenched racism, classism, and the deliberate “dumbing down” of American voters. The task is daunting, but it is critically important if we are to relight the lamp of American freedom and justice – for all.

Postscript January 22, 2017

The overwhelming success of the Women’s Marches in Washington, DC , nationwide, and globally, point to the greatest possible means of reversing the threat of the “Novus Ordo Profanum,” if the women return to their communities energized and prepared to take action on a community, regional, and statewide basis.  Rebuilding the Democratic Party or building a new political organization that aims at taking back state legislatures, governors’ offices, and control of the apportionment processes by 2018 means that following the 2020 census, new lines can be drawn that are just and equitable and enfranchise all voters.  What is central to regaining responsible control of our society must be a hardcore pragmatism that requires discipline, compromise, and an end to what Merwyn Ambrose (Mark Grober) calls “Litmus Liberalism.”

Altai High

Recently, having had my full of the chest beating about “Native Americans” I let fly:

Some Europeans arrived before some “Native Americans” both as a matter of migration and simple birth, while the concept that a group of murdering primitives migrating over a period of 20000 years as “original inhabitants” is less useful than noting that most Native Americans are more closely related to Altaisians than to each other.

This resulted in some minor outrage and some bright person shot back, “For me, [the] statement makes no difference because all migration started from Africa. [There] would be no Europeans without that migration.” And that was, in fact, largely my point.

We seem to be infected with some romantic notion of “First Peoples”. The fact is that Homo sapiens is a murderous little beastie who regularly acts out behavior his cousins (thre Great Apes) manage to suppress, probably because his innerchimp is at war with a yet to mature forebrain. As a result, the denizens of the Altai migrated, killing everything in their path, East and then South, eventually rising to the notion of empire (as Homo sapiens has a penchant to do) where he ritually murdered innocents by ripping their hearts out – charming folk – while on the vast expanses of other portions of the Americas he engaged in tribal atrocities with predatory bands wiping out agrarian settlements, much as he does everywhere.

The fact is that trying to argue an artifact (a “people”) from 20,000 years of migration East from the foothills of the Altai makes as little sense as suggesting that the “Palestinians” are a “people” (oooooo – did I hit another liberal reflex – see, Doumani, Beshara B. “Rediscovering Ottoman Palestine: Writing Palestinians into History.” Journal of Palestine Studies 21, no. 2 (January 1, 1992): 5–28. Accessed March 15, 2015. http://www.jstor.org/stable/2537216.)

To go a step further, my children, by way of example, must use a small “n” because they do evidence the Altaissian DNA, while others, some who have never set foot in Alaska, are Cap N Natives because they do have that DNA.  This reminds me of the confusion suffered by “white people from Africa on naturalization in the US, having to be told that they can no longer be Afro-Americans….  In sum, while we scream to the heavens that we detest racism, we continue to invest in racist devices.  Initially I thought that prescriptions such as those of Cornell West could be solutions, but whether for lack of trying, cultural hunger, or other reason, we are stuck, and I for one do not see things getting better.

Yes, my family left Belarus because of ethnic cleansing, and the half of the family that did not leave was wiped out 4 decades later because of their genes. While I don’t make anything of that, some muckraker might try to argue I have a chip on my shoulder; argue away.  In part, the neoliberalism of the left was founded on the notion that, heartstrings aside, change would have to be based on hard economic changes.  Unfortunately, the neolibs went in the wrong direction, simply asking different magnates to play nicer than the industrialists of the past. You know how that played out. But the impetus for that response is still there, and we continue to address it (at least some of us) through inane prestidigitation intended apparently more to make us feel good about ourselves, than resolve the underlying problems.

In a recent staff wide meeting for ASD teacher, teachers were advised that they need to be more Native in approaching Native students, one example being the use of shaming as a disciplinary tool…  Yes, you heard me correctly.  While the biggest problem facing Native Alaskans in education is a non-verbal culture in which critical language development is all but absent, teachers are being asked to shame students who don’t perform, because this is how elders do it in the village. Enough!

If you read this as a racist rant, that is your prerogative, but you have missed the point entirely. The message here, as Mr. Brown so elegantly puts it, is to get up offa that thing, but for those of you who can’t manage that…. cleveland_indians_logo-svg

DAPLgangers

No, I am not going to talk about the brutish BigOil oligarchs today. Today I want to talk about the other bullies, the protesters.  Now, don’t get me wrong; I would rather not have streets covered in Petrochemical detritus, a State beholden to BigOil, or pipelines threatening the health and safety of one and all. But I don’t rule the world.  Neither does my pet delusion, The Flying Spaghetti Monster, nor his prophet, The Great Noodle (pbuh), make or enforce the rules in the United States. That means, believe it or not, that based on our demographic, we are ruled by the stupid. Huzzah!

Of course, there all types and varieties of stupid.  You have your garden variety ignorant, and then you have your rampant dumb and proud, and all manner of clueless, right and left, betwixt and between. A regular megaplex of morons. But that is, as it were, the nature of the beast, and surely Hobbes saw as clearly as anyone what Homo sapiens’ natural state portends. On occasion the Historian observes that the stupid rise, bellow like unmilked cows, and then usually return to shitting on each other. My argument today, is that the Great Chest Beating of 2016 is one such event, as I shall try to demonstrate below.

What we saw is that a company interested in moving sweet crude across country (you know, the stuff you have to have in order to drive that Dodge Tough Truck around the block)  spent millions of dollars (almost $4B to build it) on a permitting process that involved each State that the proposed pipeline was to pass through, and several agencies of the federal government. In North Dakota, the permit process was completed almost nine months ago, and the Army Corps of Engineers agreed to issue permits for the pipeline to pass underneath the Missouri River near Cannonball North Dakota in August 2016, over a month ago.

The path of the pipeline on its approach to the Missouri “crossing” was on private land through licensing by the private land owners in question.  This land had never been owned by any local tribe. The land had never been the subject in fact of any inquiry by any tribe, nor the subject of any filings before the  ND Public Service Commission by any tribe.

The surface water in and around the Missouri is unfit for consumption because of its coliform load. All other water in the region is subject to appropriation (i. e. is “property” in a sense) as is the case on the local Reservation (which has never had its water regulations approved, but they have been recognized as being in effect in no small part because they are consistent with water regulation and control throughout the Southwest).

In late August, members of the Standing Rock Reservation began trespassing on private property for the purpose of (illegally) obstructing the construction of the pipeline. This eventually became a media circus with hundreds of screaming individuals crossing fences and interfering with heavy machinery. The pipeline company’s security personnel became embroiled in altercations with the protesters, of course, and a lawsuit was filed seeking injunctive relief.

In the aftermath of this media drama, there has been a great deal of chest beating about how the Indian Nation stood up to protect Earth and their sacred sites. Unfortunately the facts, as is so often the case, tell a bit of a different story.

The records of James MacKay indicate that in the late 1700s the land in question was still occupied by Mandan, Hidatsa, and Arikara. The Dakota were woodland people of the Great Lakes who left the Great Lakes because of pressure from the Ojibwa and Cree, who had been armed by the French.  So, the Dakota arrived along the Missouri in what is now North Dakota after the white devil was already there, and went about “displacing” the existing Native occupants (as in, killing them off). This was hurried along by the 1837 Small Pox epidemic. The US tried to promote inter-tribal peace in the region through the Fort Laramie Treaty of 1851 , but the process was problematic and the results spotty and unsuccessful (the Lakota, for instance, were reported to have violated the treaty no sooner had it been agreed upon).

The Native Interlopers, as it were, the Lakota, eventually also entered in to a treaty, the 1868 Fort Laramie Treaty.  This treaty did not cover any lands in North Dakota.  In fact, the portion of the Standing Rock Reservation in North Dakota (across which the pipeline does not run) was added by executive order in 1875 after the treaty in order to further protect the residents of the reservation by making the agency more functional (there was a deep water landing at the mouth of the Cannonball).

There have been numerous surveys of the area, and in a 58 page decision (link below) the US District Court made it clear that the Army Corps had done everything it was required to do.  The federal Administration, however, while deferring to the Court’s opinion, decided to temporarily hold off on the permits issued pending further study. screen-shot-2016-09-14-at-12-56-16-pm

The result is that people with no property interest in the subject land, who don’t consume surface water, who had never, during the State pipeline process, ever filed any documents evidencing any concern until after the final permit was issued, who were afforded every legal protection during the Corps permitting process,who arguably were themselves murdering interlopers who first appeared in the area of Cannonball circa 1875 and whose presence outside the reservation at the time would have been “problematic”, suddenly see the area North of the reservation as sacred though no evidence of use has been found by anyone but the tribal archeologist in the last couple of weeks, and then trespass en masse in order to secure the “purity” of water too foul to drink and the sanctity of sites that arguably don’t exist. Yup, I want to jump on that bandwagon right now! The fact that these people have decided to heat their homes by burning wood, instead of using propane,  well that’s just icing on the cake.

Yes, that was all a bit harsh.  But I wanted to demonstrate how darkly this could be seen, and that an accurate appreciation for what is going on is likely somewhere short of the rhetoric issued by the Council’s counsel.


Order denying Standing Rock Council the relief requested

Joint Statement from the Department of Justice, the Department of the Army and the Department of the Interior Regarding Standing Rock Sioux Tribe v. U.S. Army Corps of Engineers

Fort Laramie Treaty of 1851

Fort Laramie Treaty of 1868

Woe Unto Thee, Atheist!

OK all you armchair political scientists.  Tell me who wrote this and the approximate time and place.

In reflecting on what has happened * * * I became keenly aware of our national humiliation and decline. In material respects our country has become insignificant. The level of our commerce and industry is at an all time low and the number of paupers steadily increasing. Politically we are in disarray, following a long series of constitutional experiments that have all failed. The soul of our body politic, the Nation, is hampered and frustrated. The lack of order extends to the whole of society: the distinction between estates has been abolished, there is unlimited competition, ancient bonds of love and subordination have been removed, workingmen are helpless over against the factory owners, the state of poor relief is increasingly ominous. Deterioration so widespread suggests the presence of a general cause.

But perhaps we have learned from experience and reflection and worked out more firmly established theories? The opposite is true. Never before has every problem been so uncertain. Our men of theory are skeptical and our men of practice are hesitant, content to deal only with matters imposed by the events from day to day. Never before have theories been so unpopular.

The same skepticism is apparent with respect to the foundations of religion, morality, and justice. On these questions our generation is hopelessly divided. Every view is subjective and individual, each one has his own belief, his own opinion, exchanged, as times and circumstances alter, for another one, equally fleeting. There are now persuasions and confessions without number, all supposedly Christian.  Controversy has diminished, not because of increasing consensus but because of growing indifference. Disputes over doctrine upset people’s sense of tranquility. Before long, our only hope, the truth itself, may be banned

Whence this regression, this confusion, this general decline? Do you blame the forms of government for it? We have had all kinds: democracy, aristocracy, monarchy,despotism, constitutional government — the whole storehouse of revolutionary governments has served us. Do you blame the circumstances? They have not always been unfavorable. Do you blame the degeneration of our people? They never fell so deep that they could not be lifted up again. Have we lacked men of ability and energy? There have been statesmen whom I for one would not deny talent and character, nor, for that matter, good intentions; so that we are all the more pressed to search for the reason why even their wisdom was deceived and their energy paralyzed.

Everything therefore points to a general cause, to which the political forms, the circumstances, the national character, and the acting personages have been subordinate. And this cause must be sought in the ideas which have predominated. I  agree * * * that “everything proceeds from doctrines:manners, literature, constitutions, laws, the happiness of nations and their misfortunes, culture, barbarism, and those terrible crises that sweep the nations away or else renew them, depending on their level of vitality.”

Historical events, in their main content and chief import, are nothing other than the shapes and contours that reveal the sustained action of the spirit of an age. This is what I propose to demonstrate to you in the succession of the revolutionary phases, in our country and elsewhere. Whatever may have been the subordinate action of secondary causes* * * the principal cause of history * * * for more than half a century has been the inevitable result of the errors that have made themselves master of the predominant mode of thinking.

In order to bring out the nature of this subject it is necessary to explain what I mean by Revolution and by Revolution ideas.

By Revolution I do not mean one of the many events whereby government is overthrown. Nor do I just mean by it the storm of upheaval that has raged * * *. Rather, by Revolution I mean the whole inversion of the general spirit and mode of thinking that is now manifest in all Christendom. {footnote in original: The Revolution is the unfolding of a wholesale skepticism in which God’s Word and Law have been thrust aside}.

By Revolution ideas I mean the basic maxims of liberty and equality, popular sovereignty, social contract, the artificial reconstruction of society by common consent — notions which today are venerated as the cornerstone of constitutional law and political order.

The conviction that many calamities suffered by our fathers and by our own generation have sprung from this wisdom and from its origin, the rejection of the Gospel, was reinforced in me by a fresh examination of the train of events. Once again I saw clearly that whenever these theories gain a foothold people are led about in a circle of misery and grief.

Let me give my main conclusions now. A strict, consistent application of the Revolution doctrine will bring men to the most excessive absurdities and the worst atrocities. However, whenever men become terrified by the revolutionary development (which they regard as exaggeration) and in reaction begin to insist on moderation, though without abandoning the principle, then to avoid anarchy, the only course of action open to them, since they shink back from the consequences of their own convictions, is a shilly-shally, capricious behavior which has no guide save in the succession and pressure of circumstances. Even today this very course of action is made out to be the height of political wisdom: I mean the method of consultation of the doctrinaires; the policy which under the name of juste-milieu or the middle-of-the-road is dominant at present: the theory of the conservatives; and the practice, or if I must speak the truth, the routine, the languor and lethargy, the rut which prevails in our own country.

The consequences of the Revolution ideas cannot be combated with any success unless oneScreen Shot 2016-05-11 at 3.38.07 PM places himself outside their influence, on the ground of the anti-revolutionary principles. This ground is beyond reach, however, so long as one refuses to acknowledge that the foundation of justice lies in the law the ordinance of God. * * *

The Revolution doctrine is unbelief applied to politics. A life and death struggle is raging between the Gospel and this practical atheism. To contemplate a rapprochement between the two would be nonsense. It is a battle which embraces everything we cherish and hold sacred and everything that is beneficial and indispensable to church and state.

Well, I had one correct guess, but more intriguingly, he guessed correctly because he had seen this pieces of this rhetoric replicated in the same places I had – the epistles of the Family Research Council and their affiliates – and had looked the curious artifacts of Van Dyke’s translation (e. g. “Revolution ideas”) up on the internet.

While there are some aspects of Van Dykes translation that might be adjusted to make van Printerer’s meaning clearer to today’s reader, the amount of consistency with the propaganda of the intolerant religious right is too much to be serendipitous.  I think it only fair to suggest that the 21st century Family Action groups are simply channeling the intolerance of 19th Century Dutch Reform Calvinism.

More to the point, I think it rather clear that these groups then are not looking for broader religious liberty; they are looking for nothing less than the abrogation of the social contract. In short, the religious right is correct: they are in a religious war, they started it, and we will all be much better off when their teeth have been pulled.

 


Dyke, Harry Van. Groen van Prinsterer’s Lectures on Unbelief and Revolution. Jordan Station, Canada: Wedge Publishing Foundation, 1989.

Time for State Employees to Walk in Others’ Shoes

I sent the e-mail below to the Medicaid Expansion Coordinator and the DPA Director, Sean O’Brien as a follow up to my prior investigation. It has only been a couple of days, but I suppose I really am not expecting much of anything with respect to a substantive response.  Like so much else, we have here a potentially great idea, with simply horrendous implementation.

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The communication below and any files transmitted with it
may contain privileged or confidential information. It is
solely for use by the individual for whom it is intended,
even if addressed incorrectly. If you received this e-mail
in error, please notify the sender; do not disclose, copy,
distribute, or take any action in reliance on the contents
of this information; and delete it from your system.

Thank you for your cooperation.
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Dear Ms. Martin,

While I have been more than willing to accept what the Chris
Ashenbrenner had to say about the problems with the roll-out of the
Medicaid Expansion, any experience dealing with the claimant side of the
system is immediately explanatory of why there are so many people angry
and frustrated  with that system.

To start with, much of the information received by applicants from DPA
offices, or provided on the ARIES website, is inaccurate or misleading.
When I have tried to bring that to the attention of agency personnel, I
have been blown off, with the result that to my way of thinking,
nothing is ever going to be done to fix it. By way of example, if you
are dumped into ARIES by healthcare.gov, your application does not show
up in ARIES, even AFTER someone has looked at the file and sent you a
demand for verification letter.  If you have an application on file, you
must be able to confirm the status of that application through ARIES.
Period.

Anyone who thinks this

That was not the greatest explanation, so let me try again.  
The number you reported prefixed with a T is a temporary 
application number while the application is in processing.   
No access is available at the self-service portal (where 
application was made) while in this temporary status.  
The application has been transferred (electronically) to 
an office for processing.  After the case is processed and 
approved it will be assigned a permanent number starting with 
a 3.  This permanent number can then be used to access features 
provided on the portal. 
is in any way explanatory (or satisfactory) needs to see a mental health
professional. Let's see... it suggests that the application number does
not become an application number until the application is not longer an
application, and suggests, contrary to what the ARIES site says, that
you can see the status of your application based on your application
number...  but of course since the only number you get while your
application is an application is the application number and that
application number is not an application number, it is fairly obviously
that most of what one might have tried to do for an hour trying to use
web tools to determine the status of an application has been totally
wasted.  Moreover, any attempt to speak to someone at the DPA office
results in you being put in a queue to leave a message which is never
returned.

As far as the back log is concerned, since it is fairly evident that no
one is doing triage on the applications, and a call to the published
telephone number about emergent issues results only in an e-mail to an
office manager who already is failing to triage applications, it is
pretty clear why applicants are getting steamed. For example, waiting 6
or 7 weeks to THEN tell an applicant he has 1 week to send in dozens of
documents while making it impossible for the applicant to discuss with
anyone the document request is, in a word, bizarre. And YES, that
is exactly what DPA is doing.  Calls to claim workers are not returned.
When they are, no message is left. And no call backs are ever attempted.

Indeed, as relates to FFM referrals, since data will in fact be sparse
because it is all electronic and no documents are accepted, you know
that no application will be accepted without receipt of additional
documentation where there is any evidence of self-employment, and yet
you sit on those applications.  Where gross FFM income is below $19000
you STILL sit on those applications, and eventually ask the applicant to
prove expenses, when it makes no difference what the expanses were if
the gross income was below the target income level (if I have $12000 in
W2 income and and $6000 in gross self employment income, it doesn't make
any difference what my business expenses are, I am still eligible).

And what IS one supposed to do in response to a request that simply
says, "Provide documentation of expenses." What expenses? What kind of
documentation? Questions? Sorry, you may NOT speak to anyone who can
answer them 

As far as published data, it is frankly unbelievable, and while there
may be an explanation for why it seems incredible, the Department does
itself no service by not providing same.  By way of example, consider
this data:

                             "Jan-16"   "Feb-16"  "Mar-16"
"Incoming Work"              "4,352"    "3,672"    "4,501"
"Work Completed              "5,136"    "5,075"    "5,042"
"True Application Backlog"   "2,692"    "1,573"    "2,053"

How can you have an Application Backlog of 1573 in February, complete
541 more applications in March than came in, and then have a resulting
backlog of 480 more than you had in February?

And providers. I have spoken to quite a few over the last several
weeks.  Many are just fed up and are ready to quit accepting Medicaid.
Yes, they have been told to go ahead and treat as Medicaid will
eventually pay (really?), but all the provider has is a voice on a
telephone, and that does not pay the bills if payment is in fact NOT
forthcoming. Thankfully, many will simply hold the bill for 30 days.
And if a provider won't hold the bill, and won;t serve you because
Medicaid can't provide even a claimant number?  Well, you are in a sense
worse off than you were before Expansion, aren't you?

The system simply is not working well for those who need it to work for
them, in no small part because communication is non-existent, and
urgency is treated with casual disregard by the system.  We can do better.

Marc

Marc Grober, Esq.
5610 Radcliff Dr.
Anchorage Alaska 99504
email: marc@interak.com
cell:  (907)2272417

Only a Reasonable Experiment

Screen Shot 2016-04-14 at 8.56.59 AMI have been stewing over Thomas Frank’s indictment of President Obama in Listen Liberal. He very effectively argues that the President shrank from his authority to pursue his view of a Presidency willing to compromise. And then, in reading a piece by Luigi Zingales it suddenly struck me, “Why not?” Let me explain…

Let’s try a little experiment. The IRS already makes it abundantly clear that

To be deductible, your employees’ pay must be an ordinary and necessary business expense and you must pay or incur it. These and other requirements that apply to all business expenses are explained in chapter 1.

In addition, the pay must meet both of the following tests.

  • Test 1. It must be reasonable.
  • Test 2. It must be for services performed.

The form or method of figuring the pay doesn’t affect its deductibility. For example, bonuses and commissions based on sales or earnings, and paid under an agreement made before the services were performed, are both deductible.

and then goes on to discuss implication where corporations are excessive

If a corporation pays an employee who is also a shareholder a salary that is unreasonably high considering the services actually performed, the excessive part of the salary may be treated as a constructive dividend to the employee-shareholder. The excessive part of the salary wouldn’t be allowed as a salary deduction by the corporation. For more information on corporate distributions to shareholders, see Pub. 542. ” https://www.irs.gov/publications/p535/ch02.html

In essence, though any executive action would be eventually tempered by judicial review, reasonable AND necessary is quite the hurdle if one thinks about it, especially where the burden would appear to be on the tax payer.

So why not imagine, for at least enough moments to savor the possibilities, the circumstances where the Administration places a cap on business employee deductions. Now such a move would NOT stop corporations from paying whatever they chose, but it would prohibit those corporations from dropping those inflated compensation packages from their profits, and more profit means a greater chance of collecting some revenue from corporate tax dodgers. Clink, clink, clink…

So will all these John Galts stalk away from their corporate welfare rolls? Will their corporate masters flee the country?  Not likely, as we have recently seen at least one company, Pfizer, decide that such a response was maybe NOT in their best interests.
So let’s have some fun and argue, for the hell of it, that the Presidency is the most important and toughest job on the planet. That job pays $400K plus perqs worth another $170K.  The CRS suggests that the cost to a federal employer of a pension is about 23% of salary.  So lets posit that we add an additional 25% of $600K to a total cap, bring that to $750K. Period.

If you are not snarfling in your beer, you are soon going to be seeing a much smaller pay packet 😉


 

Entrepreneurship, Luigi Zingales Luigi Zingales is the Robert C. Mc Cormack Distinguished Service Professor of. “Why We Should Tax and Shame Excessive Corporate Lobbying.” Evonomics, April 13, 2016. Accessed April 14, 2016. http://evonomics.com/tax-shame-excessive-corporate-lobbying/.
Frank, Thomas. Listen, Liberal: Or, What Ever Happened to the Party of the People? Macmillan, 2016.

Taxing Alaskans: An Open Letter To Commissioner Hoffbeck

Dear Commissioner,

I sent the material below to a number of Anchorage legislators earlier this week, and Andy Josephson asked me if I would share it with you. My point in sending this to the legislators was that while it seems that one and all in Juneau talk about wanting to hear from the public, the public statements of those asking for input seem to reflect little of what passes for what is discussed on the street. In the meantime, we are bombarded by schemes that most see as dubious at best, and all lacking much in the way of documentation, modeling, etc. If you want to make an impression on concrete learners, you have to come up with some manipulables…

Folk on the street elected our Governor because they had had enough of Parnell. I think they would have elected a gorilla if they had to, meaning no disrespect to Governor Walker. And now, the Governor has another chance to repudiate the policies that Parnell championed, and the people of this State are ready to rally around the Governor, as they rallied round him with respect to Medicaid Expansion.

The fact is that most Alaskan make no net payment for any State or Local service. Period. Moreover, those who do pay a little something are 1%ers, and frankly can afford paying their way. Alaskans can afford MORE than a 15% nominal tax and we insist, across the board, on our willingness to raise taxes on ourselves to maintain the quality of life we enjoy as long as the taxes are not wasted. Let’s get to taxing!

Thanks for reading,

Marc Grober

_____________________________________________________________

Dear Legislator,

Please review this Google Doc spreadsheet  . It provides a brief examination of the revenue that a 15% nominal graduated income tax might generate on its own. [the spreadsheet has been embedded below to make it easier for the reader]

As State Income Taxes and Local Realty Taxes are deductible from Federal Tax, the total tax burden on “middle class” Alaskans would rise only a few points. As noted this basic analysis uses SOI brackets for ease of gross computation; actual brackets could be significantly skewed placing a greater burden on those itemizing.

Additionally, however, if we use a State Income Tax as a tool by which we can leverage other taxes we can also look at half a billion gallons of fuel used on the highway annually (about half gasoline and half diesel), and if we impose a $6/gallon tax, and then exempt first 100 gallons per household for 261,000 households we get another half a billion in revenue (yes, prices of shipped goods will rise across the board, which makes it more economical to buy local….) AND then we need to add the tax to private non-commercial airplane fuel

Lastly, removing the booze excise tax and replacing it with a retail tax starting at a dime per mL of actual ethanol, as in a 750 ml bottle of liquor at 100 proof might produce .48 (ABV)* 750 (mL) *$1 (tax) * .1 (multiplier) = $36 for a fifth of booze. Likewise a 750 ml bottle of wine would produce .13*750*$1*.1=$9.75 on a bottle of wine, and even after a modest exemption for a gallon a month, we have added another chunk of change and a real complement to a marijuana tax.

Now, repeal SB21 and dump all industry subsidies, and we are pretty close to being self-sufficient

Let’s put an end to the whine of the middle class welfare queens. Let’s put an end to the silly chatter about economic deportation of seniors, and let’s recognize that the median income in Alaska is over $70K (over $80K in urban Alaska), and Alaskans not only can pay their way, they have repeatedly told the focus group held by far right ideologues that they are WILLING to pay the taxes necessary to maintain their quality of life.

Stop talking about playing with the PFD: that is simply a shell game as any economist will tell you. The PFD – except in the Unorganized Borough, which is another matter altogether – is simply an in lieu transfer; PFD’s, while they provide an interim multiplier effect, also underwrite most of Municipal taxation on resident populations.

Stop talk about tapping reserves, as we all know legislators can’t be trusted in the hen house.

Promote a comprehensive tax regime that will meet Alaska’s real budget requirements.

Marc

Berko Panders to DIPs

A few days ago the Anchorage Dispatch News stated that, “the Berkowitz administration recommends using the surplus for a combination of property tax relief and bolstering the city’s savings.” There was no mention of the SAP debacle. There was no mention of the fact that few in Anchorage make any net payment for any State or Local service (as it turns out, the money paid to Alaskan households by the State in the form of the Permanent Fund Dividend typically exceeds the total tax paid by Anchorage households, which was modest to begin with.)

The bottom line is that the people who do make a net payment are those who do not need tax relief.  They are households of 2 or fewer persons residing in homes valued in excess of $350,000 (and to secure a mortgage of that size we are talking a household income of over $150,000/yr.) Yes, there could be some single parents in that crowd, but we are REALLY talking about DINKs (dual income- no kids) — I prefer dual income professionals…

Give us a break, Ethan….

 

Socializing Return, Privatizing Risk, and Gambling with Truth

A friend recently commented on Curtis Wright’s claim

At heart, I’m a Nietzschean. The world either does contribute to our capacity for being strong, healthy, self-creative human animals, or it doesn’t. Mostly it doesn’t. Mostly we live under one thumb or another, almost always multiple thumbs. Nietzsche’s attitude toward the thumb was honesty. My attitude toward capitalism is, Perhaps it is the best possible economic system, as you say Mr. Capitalist, but can we please stop being dishonest about it? Can we please stop telling all of the anxious lies we tell about how it is the apex of freedom? Can we please at least tell the truth about its human effects and its effects on nature?

As for hope, the philosopher Santayana talked about “animal faith.” Beyond religion, we have the faith of animals who enjoy the incredible privilege of being alive and conscious of the fact. I know that faith, and I try to be loyal to it. So working toward a condition where people know that this Nietzschean joy is their true “vocation” is important. As Fichte put it, You are free, so act like it. Hope is all in the act.

Truth is the bastion of the neo-Platonists, and I think does not serve Wright well here. The focus should not be on a some Golden Form, but on the Aristotelian formulation for happiness; the problem with the system that Wright decries is that it eschews the concept of ‘more for most and none for none’ that is in essence Aristotle’s starting point for his Ethics. Wright’s Capitalism is simply unconcerned about most, save through the Zombie Economics of supply-side macro theory (which views most of as a mice lucky to have the crumbs from the table.)

We are engaged in a “naming” battle; a linguistic version of counting coup which has gotten terribly out of hand. The concept of being able to buy and sell in market was with us long before anyone bandied about the term “capitalism”. What the rational find problematic, and the delusional worship, is the abstraction of the concept of markets until it becomes little more than an unregulated virtual gambling hall. Yes, there are those who argue that all commerce is at it’s core, a gamble, but in modern societies it is against the law to insure someone’s life and then murder them. Yet in the financial world we are not only engaged in just that, we have a significant portion of the population ignorantly celebrating that engagement.

Our laws, as Mr. Grieder and others suggested years ago, work to socialize risks and privatize returns, doubling down on the two inescapable pillars of what I call abstract capitalism: it is entirely unstable, and produces horribly inequitable results. The “libertarians” claim kinship of classical liberalism, but their positions are such a corruption of that philosophy that even neo-liberalism does the like of Locke a disservice (and can be confused with the virtually identical approach from the faux center, the Democratic Leadership Caucus extremism of Hillary et al). Better I think to call them Lotto Liberals, as they endorse little more than gaming.

There are as many societal mechanisms for addressing economic instability as their are societies, from the potlatch of the Tlingit to the financial regulations of the modern state;  some Screen Shot 2016-02-28 at 11.15.01 AMof these mechanisms are more effective than others at the redistribution necessary to maintain a cohesive social network.  Unfortunately, Lotto Liberalism flatly rejects redistribution and puts its faith in the egoistic fallacy that  that one is wholly responsible for one’s own success, which like  a Bizarro counterfeit of Athena leaps from the forehead of its sire, Hubris.

 

Alright, maybe a pedantic rant equating Zeus with Saint Hubert is a stretch, but so are the myths that seem woven into the fabric of American “exceptionalism”.  We don’t need to surrender hope, but keeping hope alive does not we should wrap ourselves in the Emperor’s clothes. What we need to do is lend a hand, rediscover what E. J. Dionne calls the communitarian spirit, because as that aged sage Red Green puts it, “we are all in this together…”

Angry Birds and Overheated Rhetoric

Screen Shot 2016-01-30 at 12.12.24 PMThe AAUW, one of the more  vociferous opponents of the gender pay gap, found that only “a 7 percent difference in the earnings of male and female college graduates one year after graduation was still unexplained” after “accounting for college major, occupation, economic sector, hours worked, months unemployed since graduation, GPA, type of undergraduate institution, institution selectivity, age, geographical region, and marital status”.  They found no more than a 12% gap 10 years on.  In other words, the claims regarding the gender pay gap (which claim a 21% gap) are  vastly over-stated, and are typically based on insupportable arguments that rely on confounded data ([f]or example, women are more likely than men to go into teaching, and this contributes to the pay gap because teachers tend to be paid less than other college graduates. [citing Hegewisch, 2014]).

This conclusion is restated emphatically by Blau and Kahn (2016) who estimate no more than a maximum of a 15% gap across the entire spectrum of employment after adjustment, with most of the remaining gap at the top of the pay continuum!

This is not to say that the gender gap is acceptable.  But what we do need to recognize is that the gender pay gap is nowhere near as bad as alleged (though clearly it is not acceptable), that it is consistently gotten smaller based on current regulations, and that the greatest disparity is in the Board Room, a place far from the immediate concerns of most Americans upset about gender pay issues.

Equal pay for equal work has always been an intriguing idea. Let’s focus on what that really means in a socially and economically just world, and how best to accomplish those ends, and let up just a bit on the rhetoric.

 

 

Blau, Francine D., and Lawrence M. Kahn. The Gender Wage Gap: Extent, Trends, and Explanations. SSRN Scholarly Paper. Rochester, NY: Social Science Research Network, January 18, 2016. Accessed January 30, 2016. http://papers.ssrn.com.proxy.library.uaf.edu/abstract=2716597.
Cha, Youngjoo, and Kim A. Weeden. “Overwork and the Slow Convergence in the Gender Gap in Wages.” American Sociological Review (April 8, 2014): 0003122414528936. Accessed October 10, 2014. http://asr.sagepub.com/content/early/2014/04/02/0003122414528936.
Hegewisch, Ariane, and Heidi Hartmann. Occupational Segregation and the Gender Wage Gap: A Job Half Done. Institute for Women’s Policy Research, January 2014. Accessed January 30, 2016. http://www.iwpr.org/publications/pubs/occupational-segregation-and-the-gender-wage-gap-a-job-half-done?searchterm=Occupational+segregation.
Hill, Catherine. The Simple Truth about the Gender Pay Gap (Fall 2015). American Association of University Women, n.d. Accessed January 30, 2016. http://www.aauw.org/resource/the-simple-truth-about-the-gender-pay-gap/.