When is Racism Not Racism?

Recently I read where a friend argued that “voluntary racism” was not problematic:

It’s the Hegelian dialectic. Thesis (Forced Association); Antithesis (Free Association); Synthesis (Elective Affinities). What people voluntarily do as a matter of choice is infinitely preferable to compliant submission to authoritarian order. The first produces ontological dynamism; the second, ontological stasis. Adaptation requires a dynamic selection process and is essential to survival. Voluntary segregation is only superficially analogous to forced segregation. Therefore, while you assert a circular deconstruction of civil rights because of voluntary segregation, your assertion is invalid for the reasons outlined above.

This was sparked by the news that “California State University Los Angeles recently rolled out segregated housing for black students.”

But I have to ask whether your “voluntary segregation” isn’t tantamount to forcing segregation on me, because when all of you decide to be segregated, it means there are none of you with whom I may exist, which is forced segregation on me.

In essence it would appear that you deny the existence of de facto segregation, arguing a binary of involuntary versus voluntary segregation, the involuntary segregation being sole a matter of de jure segregation which is unrelated to the whims of the population. Of course, the reality of the situation is that de jure segregation is simply a reflection of de facto (voluntary) segregation, i. e. practices established by a group “voluntarily” segregating themselves such that others know where they cannot be 😉

To put it another way, if “whites”, whatever that is, decide to voluntarily segregate, then you are suggesting that they may in fact bar “others” from participating. Otherwise, how does one argue for the “voluntary segregation” of one group, and against the “voluntary segregation” of another?

It seems to me that this boils down to what in common parlance is known as the “have your cake and eat it too” fallacy, named after the famed statement that Marie Antoinette never made…. But perhaps more important it begs the definition of racism and segregation. Both terms focus on discriminating among people based on their race, race being a rather loose and bizarre term that, when all is said and done, is often argued to really mean “different than us”.  In other words, segregation is ALWAYS going to run up against the concept of “voluntary association”, and practically speaking if government represents the will of the people there is little practical difference between voluntary segregation and governmental segregation.

Of course, we should not single out universities looking to safeguard student psyches. screen-shot-2016-09-09-at-3-11-27-pmHere in Alaska we have an entire medical industry that is limited to serving only one race (Senator Stevens wanted to provide insurance for Natives instead of racially discrete services, but was shot down over his views by Natives).  In fact, signs at the entrance to the Native Hospital state that they are only for Native Elders (apparently non-Native Elders aren’t allowed to park there.) And don’t the same concerns arise with respect to voluntary segregation as to sex, creed, and national origin?

No, this is not going to end in an attack on Affirmative Action. Nor is it an attempt to delegitimize the perspectives of Cornell West’s Race Matters or the Black Panthers’ Manifesto. But I am concerned that in our desperation to be different, we are actually promoting racism, and that we can do without.

In 1954 Justice Warren stated in Brown vs Board of Education,

We conclude that, in the field of public education, the doctrine of “separate but equal” has no place. Separate educational facilities are inherently unequal. Therefore, we hold that the plaintiffs and others similarly situated for whom the actions have been brought are, by reason of the segregation complained of, deprived of the equal protection of the laws guaranteed by the Fourteenth Amendment. This disposition makes unnecessary any discussion whether such segregation also violates the Due Process Clause of the Fourteenth Amendment.

Segregation, the Court found  “generates a feeling of inferiority as to their status in the community that may affect their hearts and minds in a way unlikely ever to be undone.” And someday, some day soon, a white child is going to ask, “Why can’t I go to that school?”

A Conversation on Male Privilege

So I asked…


Me: Am I a sexist for not agreeing that women are entitled to be afraid to be out at night because they are weak objects of ravening male lust?
Her: Well the issue is that you can’t tell people how to feel, especially since you don’t have the same situation. Do you walk around with you housekeys threaded through your fingers? I do that on the regular. And for many women, they may be trying to ward off a second sexual assault, since colleges are hotbeds of rape. That is my personal point of view, so I’d say try to see it from that perspective before making judgements on people’s legitimate fears. I wouldn’t call that sexist though. Maybe willfully ignorant of certain realities.
I had a date once tell me this “hillllarious” story about his buddy leaning out of a car and slapping all the asses of a bunch of women on one of those party bicycle brewery tours. I didn’t think it was hilarious. He didn’t understand why not. Until women can walk around without men whispering to them on the street, “Mmmmm, You’re so hot… Be careful” then that’s the point of view I have to have to keep myself safe from further trauma. And you can say things are safe, but maybe no one wants to rape you.
Me: I suspect that’s the case, but the rate per 100,000 of rape of a Caucasian woman by a stranger is .5 so it is 16 times more likely that the nice white ladies chewing my ass are going to die behind the wheel of their cars then get raped… so, the arguably non-sexist question to ask would be why they don’t stop driving….
Her: A car accident is much MUCH less traumatic than sexual violation. I didn’t have to go to a shrink after my car accident.
Me:  I am not trying to argue that people should not be aware of their surroundings…. but simply that telling people they should be fearful is not good for the public sense of security.
Her: If you’re standing next to a bear, you know it’s a bear. If you’re standing next to a rapist, he looks like everyone else. Not all men are rapists of course, but one rapist can cause irreparable damage to many many women. We’d kill the bear. We tell the rapist he’s fine unless the victim’s story and evidence are solid as fuck
It’s pretty rampant, you can’t deny that. Not as rampant as car accidents, but I run out of fingers counting the people I personally know have been allegedly sexually assaulted. And until you’ve gone through that trauma, you won’t know the fear. And because of that reality, the fear is legitimized. Stop the rapes and women will stop being afraid. We could start with increased sentencing and removal of statute of limitations
And on the point of strangers – if you’ve been raped by a friend or acquaintance then it does tend to paint strangers with a black brush. And that’s a victim’s struggle and right. Just because stats say that strangers usually aren’t rapists, it doesn’t mean that victim doesn’t fear men to some extent. Plus strange men like to creep on women A LOT.  Not rape, but certainly ruins a section of your waking day. Some guy whispers to me on the street on a Saturday night that I’m hot and to be careful? Doesn’t make me want to go dancing anymore, or not watch my drinks like a hawk around strange dudes It ruins things. A lot of men ruin things for women.
You can call that sexist, but the feeling is soooo gross and dark and upsetting. And every time that happens it brings some of the trauma back up – makes it real hard to trust strangers or give them the benefit of the doubt I should say
So when does “being aware of your surroundings” become “Don’t turn your back on your drink for A SECOND” and how are you supposed to be happy and joyful in that situation? Constant diligence is a necessity. Being aware of surroundings isn’t enough anymore. Well actually it was never enough, but we’ve come a long way from it being ok for a husband to rape his wife. Now rape is marginally frowned upon. Still not enough.
I don’t think you’re a sexist.  But you do have to acknowledge there is male privilege in telling women not to be afraid.

An intriguing exploration of some issues (thank you, Ms. Solfadoresido, for bringing this to my attention). http://www.robot-hugs.com/risky-date/ screen-shot-2016-09-08-at-10-02-48-am

Rosay, Andrés. “Forcible Rapes and Sexual Assaults in Anchorage.” Alaska Justice Forum 20, no. 4 (Winter 2004). Accessed September 2, 2016. http://justice.uaa.alaska.edu/forum/20/4winter2004/a_rapes.html.

#DemExit to #DemEnter to #DemUnder or Belay Those Millennials?

Facebook can be an incredible tool, but more often than not it becomes a playground for cyber-bullies and echo chamber for the self-involved. Recently I was “targeted” by persons who apparently identified themselves as abused Stock supporters.  I am going to wallow through it for you as I think it eventually underscores my point.  Stick with me, and watch the slippery bits.

The complaint: “If you want to know how a group is run, you should check out [specific reference deleted] … btw largest Bernie and progressive group in Alaska 😉 … We have 3 admins, not one dictator who attacks it members….. We actually have discussions and debates that are lively. People are engaged and stay up to date… You want this group to be an anti – Jill, Pro – Ray then that’s fine that is your decision… but watch your group die in the process! Good luck!

The apparent reason for the complaint: As a result of complaints by group members regarding use of the group by one campaign (Stock) to solicit funding for their candidate (promoted by, you guessed it, the complainer), I suggested that while I try not to limit discussion, probably one campaign fund solicitation by another campaign was plenty.

But, ever open to suggestion, I took the opportunity to peruse the “other” group (where, don’t you know, the complainer was an admin) and what did I find?

In the interest of transparency, I would like to point out that certain people are blocked from this group that I think should be included. People who have been unfairly characterized as “trolls” when they shouldn’t be. I think that needs to be said since the designation of this group is ‘public’ and it gives a false sense that this group is open for all to see. It most definitely is not public in terms of all the Alaskan Berners being allowed in to the discussion. Some are being labeled and divided away from the discussion unfairly, in my opinion. Just like the Alaskan Democratic Progressive Caucus says it’s ‘public’, it’s most certainly NOT because I am blocked from even being able to see that page. This needs to be known.

What was that bit about people in glass houses?

And then this exchange in the Group I administer:

Merwyn Ambrose: is still wondering why we have not heard about any Revolution Watch Events in Fairbanks!?! Fairbanks, where are you?

Jill Yordy: There’s at least one up here. Go to Bernie’s website to find all the ones throughout Alaska. Not many from Fbx on this group, FYI

Merwyn Ambrose: Of course I checked for Fairbanks groups this morning and twice yesterday and found nothing. I double checked just now and you will find the results below.

BTW, one has to put in a zip code or location to get venues, and the app will only search within a 200 mile radius. Screen Shot 2016-08-24 at 10.58.28 AM[Screen shot]

Merwyn Ambrose: There IS an event in Ft Yukon: [screen shot of Ft Yukon event]

Merwyn Ambrose: And there are people from all over the State in this group, as the discussion of venues for District caucuses made clear 😉

Jill Yordy: Merwyn you are a remarkably contentious individual who seems to enjoy arguing for the heck of it. I was only trying to help because I got emailed by our revolution directly with an invite to the events in Fairbanks. I think the time has come for me to leave this group.

Merwyn Ambrose: rofl – “remarkably contentious”? You made a statement that anyone could find an event in Fairbanks by simply using the Bernie website. I checked to make sure that was the case since I would not have posted about this if there were an event listed, and provided specifics that SHOULD have suggested to you that someone SHOULD post the event in the Bernie web site. You can come or go as you wish, Jill, but it seems that you are extremely emotional about nothing.

Let me see if I can help Jill out. This could be seen as contentious:

Jill Yordy: “Since I will not be allowed to say this once the primary votes are certified if I want to keep my position as a district chair (because of language in the Democratic Party Plan): I denounce Ray Metcalfe as a candidate for US Senate. He is using the Bernie label to gain power and has been since well before the Democratic Caucus. I encourage all voters to thoroughly research him and his history with the Republican Party and the “Republican Moderate Party” before November if you are tempted to vote for him as a “Berniecrat.” He did nothing to help Bernie’s campaign in this state, and many times actively impeded it. Talk to people who have been involved in politics in this state, on either side, for the last decade or more before making your decision.”

As might be Jill’s failure to respond to questions her points raised:

Merwyn Ambrose: I am curious about the statement, “He did nothing to help Bernie’s campaign in this state, and many times actively impeded it.” I have correspondence dating back to mid-July in which Ray tried to help find office space, tried to organize supporters by District etc. It is one thing to say that you don’t agree with someone, another to say he did nothing to support the campaign. You a the district Chair of a party whose candidate you have now denounced. Helluva start

Merwyn Ambrose: I am also curious about your statement, ” If I were a legislator under the language that Ray wants in the Party Platform, and subsequently as legislation, I would have to recuse myself on any vote that gave education money since my husband is a teacher.” This would not appear to be the case under the language that proffered at one time, so I would appreciate it if you provided the specific current language you reference, and any legal opinions you have obtained which support your claim.” [my questions, and as has been noted elsewhere, I have not endorsed any US Senate candidate]

But clarifying that your recommendation that Fairbanksans find an event not listed through the Sanders web site is problematic at present because none are listed… that is not contentious, lol.

So why the long ramble?  Just a few months ago Sanders “insurgents” essentially took over the Alaska Screen Shot 2016-07-26 at 9.21.56 AMDemocratic Party. The young turks #DemExited  at the National Convention, and thereupon spoke of #DemEnter (perhaps not a well thought out hashtag, but spur of the moment etc…) staking out, apparently, the high ground, and their willingness to engage.  And, in probably one of the most important Alaska elections we will see, in which the candidate of this revitalized party would be selected to combat and defeat Lisa Murkowski, the winner, beating Edgar Blatchford by some 20 points, is Ray Metcalf.

One would perhaps been excused for supposing that the insurgents were ecstatic with the results. Apparently, however, the #DemEnters had already abandoned the party candidate (as well as the runner up, it would seem) for a centrist with zero experience because Dems weren’t nice and were past Republicans.  While I had yet to decide what to do, it became apparent to me immediately, and ever more so since, that our band of intrepid millennials has done what Murky herself could not, and that is ensure that she will get re-elected.

In politics, you always lose when you don’t play ball. When anyone argues that compromise is unacceptable, they have become Goldwater extremists, and extremism is what truly endangers us.

If There Are Elk There Must Be Elves

A friend wrote that he was now convinced there was an elk on Whidbey Island. I smiled.  I had stopped and visited with a young bull moose on the way to the university this morning… Got me to thinking that there are quite a number of people to my mind who conflate “fear” and “respect”. I was not afraid of the moose in the least, but I certainly respected him for what he was.  I had no reason to change my path of travel, and no cause to have to travel in a pack.

Now, in Anchorage, our local constabulary has advised the citizenry that they should beware isolated areas like parks, bike trails or unoccupied streets, and if one plan to be out ‘late at night’, to travel with a group, because we have had 25 homicides so far this year (certainly no record for Anchorage, most of them, believe it or not, taking place
Screen Shot 2016-09-01 at 5.10.46 PMwhere police are rarely seen —  I will leave you to put two and two together on that one).
 
And to put that in perspective, the homicide rate in Anchorage is the same as the car crash mortality rate for Alaska and the maternal mortality rate in North Western Europe. The US, of course has a maternal mortality rate three times Western Europe’s. The rates per 100,000 for syphilis and gonorrhea are both about the same as the homicide rate here.
 
This all seemed to come together during a discussion of whether Trump was winding up the hate and fear across the political spectrum. I pointed out that any perceived decrease in personal or community security (as was being projected by our police) was going to raise fears, and rising fears produced irrational aggression and/or flight, and what we all really needed to do was take back our public spaces (real, as well as virtual):
Unfortunately, at the same time the Trumpus is winding folk up, we have the APD telling everyone to bar the door because it is unsafe to be out in Anchorage. The “answer” is not to hide, but to take back both the streets AND the tone of conversation.
And of, of course, there were exceptions taken. After all, as I pointed out, there is a perfectly sane reason for all white people to avoid Haarlem, Five Points, hhalf of Detroit and most of Baltimore isn’t there 😉  Apparently, while I am a man, and I can change, if I have to, I guess,  it can’t be soon enough for some…..
 

“‘Elk on Whidbey?’, you said?”  I think a sense of proportion comes of mixing with wild creatures on a regular basis. Much as I don’t reach for a gun when I see a black bear, I don’t reach for a gun when I see a black kid in a hoody. And when I talk about community policing I am not talking about squad cars assigned to districts, I am talking about officers spending time on foot in neighborhoods getting to know what happens there, and giving the people there an opportunity to get to know their local police. Public safety is a two way street if you want to talk about security, and not reactivity (the latter being mostly what we engage in today).  You may want to wreak vengeance on the dastardly perp, but I would rather keep the crime from taking place.

I live with bears, moose, geese, and the occasional criminal. Get outside 🙂 Tell your elected officials you’d like to be able to stroll the neighborhood with a police officer on a regular basis. Tell the Angry Birds to stay out from behind the wheels of their automobiles.

 

Join Me In Primarying the President in 2020

I wrote this in response to a comment a friend posted to social media, singing the praise of Hillary Clinton.  Unfortunately it attracted some hillbot trolls who could not distinguish between a Trump voter and a non-Trump voter (woe is us) so I thought I would share this here.

The political ranking systems so many point to so as to claim that HRC is “as liberal as Bernie” are dubious at best and any analysis of voting records is notoriously misleading. But in the hurbly burly business of politics, HRC has been knee deep in DLC neoliberalism, which extends to some degree to the realpolitik of the New American Century “American Exceptionalists”. There is ample reason to see her married to the indictments in “Listen, Liberal” — in no small part because she is in fact still married to him, lol….

That all being said, whether or not she would be a high handed autocrat she has some sense of what it takes to run the Office of the President, while Trump is a narcissistic blow-hard, and Stein, well, Stein is just an opportunist. If you want revolution, follow Mimi’s call, but short of that there is only one candidate competent to hold the office in question. [Yes, I AM referring to HRC.]

Don’t like LEV [I guess I should spell this out too: Lesser Evilism Voting] ? Well, go find another planet because in a very real sense that is all politics is about: making compromises — going along with something you may not agree with because the folk next to you are doing the same for you. And THAT, all you loud mouth morons, is what the US Constitution was about, giving a little to get a little.

And nmimi-angela-comico, I am not a hillbot hurling nonsense at the Green campaign… the Greens have made adequate fools of themselves – they NEED no help. Nor am I convinced that HRC is “Good for America”, and I intend to invest money in seeing HRC primaried in 2020, a primary I hope she loses badly because she continues (as she has done since the convention) to blow off the concerns of most Americans.

We have a country filled with people who have room in their heads for three sound bites, and care only for the silver bullet that some talking head promised. We must put ideas of shining paths behind us and instead tread the middle way, though everyone (and your Mother) are screaming “my way or the highway” or “me. mine, more!”

Our Problems

If you are a delegate to the Democratic National Convention, then I think it is obligatory to bite the bullet, as it were, in that you made an election to a polity, and the idea that one can take one’s ball and leave if the game is not going your way is the kind of juvenile thinking that produces dismissal of millennials as callow.

Having said that, attempts at ridiculing those who are committed to reversing the decay that has resulted in the sorry parade of establishment hacks that now passes for the Democratic Party will serve little purpose save to fan the flames that should consume those intent on coronation. Old sour-pusses decrying as anathema the progeny of a pied piper intoning a tune perhaps forgotten by too many.

Their candidate is NOT as important as their children, our children, for children are always tomorrow, while the candidate will at some point be swallowed up like Ozymandias. So many were heard to snicker at Corey Booker’s comments as he appeared so oblivious to the fact that everything he decried was in fact nested so very close…Screen Shot 2016-07-26 at 9.21.56 AM

Poor grace is a sorry example to offer the tantrumming youth of how to share power. The Old Guard wants to celebrate their victory by eating their offspring. The Romans, ever an example to our propounding pops, would only inquire, being invited to the circus, “Where’s the bread”? The convention has become circus, as opposed to a place of business. It might serve the needs of Republicans, but it has become incredibly tedious for the rational.

Yes, I AM an old fart, and yes, millennials DO give me heartburn. But I know we need these people to turn the corner, and holding a coronation when 40% of your delegates would like nothing more than to burn your candidate at the stake is perhaps not the best way to proceed. Yes, some might think it “thoughtful” that a herring was tossed to the barkers from time to time (Diane Russell was magnificent, and Michelle, Elizabeth and Bernie had great speeches) but one could barely kindle a “unity” spark when someone stepped up to remind one and all that this was not about policy, it was a coronation.

Maybe it was as simple as forgetting that the nomination had yet to take place. Maybe it was the unaddressed hubris of those who, albeit without Debbie, continued to continue. So while I am going to urge Dem delegates to stay the course, I also want to suggest that Dems should start looking to primary a standing President in 2020. Hopefully, thanks to Senator Sanders, the party, as in Alaska, is changing course. There are many who have no problem with leaving behind those, enamored of neoliberalism, who choose to abandon ship.

HillHooey, and Not Innovative at That

Having seen the fanfare, perhaps it’s best if we have a look at under the hood at what little Clinton has actually published regarding her latest “bold” attempt to “help” the college student. For example:

A smaller proportion of millennials today are starting new ventures as compared to their predecessors.[12] This is not for a lack of desire—more than half of America’s millennials say they want to start a business—but barriers like student debt and a lack of access to credit are holding young people back.[13] Hillary is committed to breaking down barriers and leveling the playing field for entrepreneurs and innovators who are launching their own start-ups. Hillary will allow entrepreneurs to put their federal student loans into a special status while they get their new ventures off the ground. For millions of young Americans, this would mean deferment from having to make any payments on their student loans for up to three years—zero interest and zero principal—as they work through the critical start-up phase of new enterprises. Hillary will explore a similar deferment incentive not just to founders of enterprises, but to early joiners – such as the first 10 or 20 employees. Additionally, for young innovators who decide to launch either new businesses that operate in distressed communities, or social enterprises that provide measurable social impact and benefit, she will offer forgiveness of up to $17,500 of their student loans after five years. https://www.hillaryclinton.com/briefing/factsheets/2016/06/27/hillary-clintons-initiative-on-technology-innovation/

In fact, most federal student borrowers are already eligible for income based payments, minimal payments are always preferable collection-wise to deferment, and the plan is for a deferment of payment, not a suspension of accrual of interest. Moreover, such a plan does nothing to assist in capitalizing any business, especially as the loans render the borrower (and likely his family) unable to borrow any further funding.

Can I run a lemonade stand and get a 1/10 of the cost of my Bachelor’s degree forgiven? That would be a great question, but you won’t find any answers from the candidate, because the whole scheme is largely just lemon meringue pie (I won’t say “in the sky” because there is nothing really grand or elevating about the comments).

I think most “innovative” and “entrepreneurial” business initiative is simply cannibalistic, as I suggest above, much like the finance sector really does NOT increase our domestic production. The mass of Americans can’t do Algebra, their core problem being the inability moldy-peachesto understand use of symbols, which would likewise preclude them from becoming effective programmers. We don’t need high tech jobs… we need jobs sweeping streets, and growing food. We need more doctors and engineers. We need more manufacturing jobs.

We are well on our way to the future that H. G. Wells described.  Fruit, anyone?

I Be Reading Plenty Good

The apparent hallmark of the proud and the stupid with respect to the 2nd Amendment is the flashing of the plaque displayed here (together with the typically associated hashtags).

Screen Shot 2016-06-23 at 11.02.04 AMOf course, Washington never said that.  What he did say was:

Among the many interesting objects, which will engage your attention, that of providing for the common defence will merit particular regard. To be prepared for war is one of the most effectual means of preserving peace.

A free people ought not only to be armed but disciplined; to which end a Uniform and well digested plan is requisite: And their safety and interest require that they should promote such manufactories, as tend to render them independent on others, for essential, particularly for military supplies.

The proper establishment of the Troops which may be deemed indispensible, will be entitled to mature consideration. In the arrangements which may be made respecting it, it will be of importance to conciliate the comfortable support of the Officers and Soldiers with a due regard to œconomy.

There was reason to hope, that the pacific measures adopted with regard to certain hostile tribes of Indians would have relieved the inhabitants of our Southern and Western frontiers from their depredations. But you will percieve, from the information contained in the papers, which I shall direct to be laid before you (comprehending a communication from the Commonwealth of Virginia) that we ought to be prepared to afford protection to those parts of the Union; and, if necessary, to punish aggressors.

As a nouveau aristocrat, Washington despised the useless rabble, and useless was largely what the rabble was, which is in no small way the reason why Washington insisted on a regular army (consistent with the provisions of Article I Section 8 of the Constitution).

Perhaps the 2nd Amendment whiner who argued “There you go liberals. In case you forgot how to read. ‪#‎reformthesenutz ‪#‎merica” with respect to such plaques should have a look at the Common Core provisions regarding close reading and critical thinking…


From George Washington to the United States Senate and House of Representatives, 8 January 1790 – http://founders.archives.gov/documents/Washington/05-04-02-0361

The State Militant; militia in the 21st century https://opinion.alaskapolicy.net/pardonme/?p=109

Pookas on Patrol

No Virginia, there is no such thing as a “citizen soldier” OR Santa Claus. Screen Shot 2016-06-15 at 11.37.14 AM

In this country it you want to take part in any hostilities you must be a member of a unit of the Guard, the Reserves, or the regular services.  That’s the way it is now, and truth be told that is the way it has been since the get go. Unfortunately, the delusional Rockwellian right, always keen to rewrite history, has embarked on a propaganda campaign that now argues that the U. S. is alive and well because of these fictitious citizen soldiers, persons who engage in some voluntary and undefined association to violently repel threats to the policy; some anarchic defense force.

I am aware of two recent instances where the term has been used and in each it was specifically defined as something OTHER than as the term has now been bandied about by 2nd Amendment Crusaders.   One refers to those who were drafted, in that their primary societal role was not soldier.  The other is in reference to those whose duty does not require them to be in uniform all the time, as in the case of the Reserves and the Guard.

The concept of people just showing up to shoot at stuff and then wandering away has never existed in the US or in the British commonwealth. One reason for that, of course, is that people lived close to starvation, and you just could not leave what you were doing without being able to cover what would not get done, so people joined for a specific period, and expected to get fed, clothed, armed (shot and ball), AND paid. Whether you took the King’s shilling or enlisted with the Continental Army, once “in”, you were subject to military discipline and your term of enlistment. Of course, another important aspect of enlistment or conscription is the need for military discipline. In a situation where you were shot for not obeying orders, one had to be very clear whether one was in the service, and if so, under whose command one served.

Yes, the “Revolution” was fought by regulars, irregulars as well as some partisans,  but the concept that these participants did not surrender their civil liberties to military authority is nonsensical.

Protect This…

Recently I have been hearing another radical refrain, that being that the U. S. Constitution (as opposed to a scramble of Marines) protect my rights. Apparently small minds are working overtime…

Frankly, the Constitution has never protected anyone’s “rights”. The Constitution embodies a rather terrible bargain that was supposed to give voice to the conscience of a new people. As it was flawed, so were the consciences of its people. Waxing more and more selfish, as possessive narcissists are want to do, they pushed harder and harder until the fabric of consensus was simply too brittle to serve, to calcified to persevere.

The U. S. Constitution is essentially a side of mutton (that being the nature of parchment); it lays around like a dead sheep and doesn’t do much at all. Tough to do much when you are housed in a bullet proof glass case, after all.

Courts have very little enforcement power, and rely almost entirely on the executive branch, while legislatures, well, they legislate….. they have no muscle (and perhaps collectively show little to recommend them much of the time. The Supreme Court simply ignores the Constitution when it serves their purpose, as do the Congress and the Administration. So who or what does protect our rights?

Setting aside for another time the substantial question of whether we have any “rights”, the real answer to that question is to be found above, where we started.  It is found in the willingness of the polity NOT to push things to the braking point.

I teach my students that the crux of the U. S. Constitution is, “Give a little to get a little” (as much an understatement I suppose, as Hillel’s description of Torah) and while that brings smiles to their faces, I am very serious.  Literalists, in a sense, can’t be taken serious because there has never been a word written which was read the same way twice.  The essence of man is fractiousness, and the genius, if any, of western jurisprudence is the vagary of the “law” not its specificity. As with matter, it is the space between that is remarkable, and forbearance is as much the space between as mystical volume between nucleus and electron…

When we abuse the social fabric (the delicate consensus that allows us to live together in some remote semblance of peace) the disturbance ripples through our reality. Ignorance begets ignorance, hate begets hate, violence begets violence. Social behavior is not managed by a sharp, “NO!”, hurled by a two year old. It is managed by “moral suasion” (and Winthrop advises that moral suasion may be as ineffectual as legislation when it comes to wives).

What secures our rights is no more, nor any less, than Hillel’s prescription: “What is hateful to you, do not to your neighbor; this is the whole law. All the rest is a commentary, go and study it.”


http://www.sefaria.org/Shabbat.31a.82?lang=en&with=Rashi&lang2=en

Winthrop, John, and James Kendall Hosmer. Winthrop’s Journal : “History of New England”, 1630-1649. Volume 1. New York : Scribner, 1908. Accessed June 16, 2016. https://archive.org/stream/winthropsjournal00wint#page/278/mode/2up .