Bob Schwartz

Category: Politics

Which Comes First: Evolution or Revolution?

Tea Party
The 20th century gave us two world wars and an atomic bomb, but the most interesting of the Big Events of the century may be the Russian Revolution. An inequitable and unbalanced way of life gave bloody way to abstract enlightened visions of a better world. The particular inequities ended, Russia moved into modern times, but competition for the “right” vision and ineradicable baser human natures seeking power and control led to decades of national and global troubles. “Meet the new boss, same as the old boss,” the Who said.

The Russian Revolution was grounded in a Marxist vision, which was in turn a Christian vision: a community on earth as it is in heaven, a brotherhood of people in which suffering and want would be softened, if not alleviated, by those who have a surplus of comfort and resource. It was Lennon, not Marx, who said, “You can say I’m a dreamer, but I’m not the only one. I hope someday you’ll join us, and the world will live as one.”

What went wrong?

What almost always goes wrong is that evolution and revolution are out of sync. It is easy to say that people and society should first evolve for a while, and then at some critical moment, all that’s needed is that next faster-than-evolution event to take it to the next level.

That turns out rarely to be the case.

Evolution is slow, erratic, and always engenders resistance and reaction. The cliché is that people and society fear change, but that is too easy. They fear the unknown. The expression “better the devil you know than the one you don’t” sums it up. It takes a substantial leap—you might say a leap of faith—the walk into a vision rather than remain in a lesser but familiar reality.

Revolution is both an attempt to make evolution more real and to create conditions where that evolution can continue more broadly and forcefully. But, as pointed out with the Russian experience, it doesn’t always work that way. Revolution is conflict, and conflict creates its own set of conditions sometimes antithetical to evolution. “Fighting for peace” is oxymoronic (some would say just plain moronic), but we have had to live through that. (Note the moment in Stanley Kubrick’s brilliant film Dr. Strangelove where the President scolds his arguing advisers, “Stop it. There’s no fighting in the War Room.”)

One of the exceptional examples of evolution and revolution working together is the American Revolution. It is one of the reasons it worked so well. The founders may have been the fathers of our country, but they were the children of the Enlightenment. That multi-faceted evolution—philosophical, political, economic, spiritual—had gone as far as it could go when it hit a wall. They believed that if they could break through, which did mean war, they could establish an enlightened nation. And, to an extent greater or lesser than some might like or expect, they did.

Evolution, or lack of it, is at the heart of some current American problems.

America is heir to two great evolutions, sometimes unrecognized, often distorted. Some of those obstructionists who fight today hark back to the patriots who were mad as hell and wouldn’t take it any more, and so upended a cargo of British tea. Others who claim this is a Christian nation have the idea that if alive today, Jesus would certainly choose to be an American.

Every American in these dynamic times is free to pick the evolution they aspire to. There are plenty to choose from. We do have two very big ones on the menu. If a rabid revolutionary patriot, you might choose to follow the path of a 21st century version of Enlightenment; you might even study the work of those founding Enlightenists—Jefferson, Madison, Monroe, et al.—for guidance. If a committed Christian it’s even easier. No slogging through the Federalist Papers, or even the whole Bible. Just read and read again the words of Jesus—the ones in red type—and consider just how much evolution he was asking for and expecting. Then again, maybe it’s not evolution he was talking about at all.

The Marijuana Dilemma: It’s About Age

Marijuana
This was going to be a note about the Gallup poll showing that 58% of Americans think that the use of marijuana should be legal, and that 38% have tried it. It would include arguments about how pot stands in relation to other legal intoxicants—alcohol, tobacco, firearms (sorry, that’s the federal law enforcement agency)—and about how our justice system is distorted and how lives are ruined by reflexive, thoughtless, moralistic public policy.

But no. This is about a simple solution. It won’t make everybody happy, particularly those hypocritical it’s-all-bad-for-you-and-society Puritans who apparently missed the Sunday School class where Jesus mentioned getting the log out of your own eye before criticizing someone else’s splinter. But this might work.

Add marijuana to the list of acceptable American intoxicants. Then take the three biggies—alcohol, tobacco and marijuana—and make their distribution to children, particularly younger children, an even bigger deal than it is, so that the jail cells currently filled with marijuana-guilty adults could then be filled by real bad guys. Draconian punishment. Because while adult use of these intoxicants may be equivocal, childhood use of them is not.

We did not need American alcohol prohibition to learn that nothing will stop people using intoxicants. (Another hint: sex, at least if you’re doing it right, is also an intoxicant, the world’s most popular and, yes, one that the Puritans have also tried to circumscribe.) In another missed Sunday School lesson, Jesus did not smash the jars at the wedding at Cana, as he did the moneylender tables at the Temple; he actually made more wine for the celebrants. The poor we have with us always; so too the wine drinkers.

It is widely agreed that none of the three intoxicants are perfect: all of them are abused, all of them have real potential for ruining life and health. (America’s other big intoxicant, coffee, is excepted from this discussion, in part because any regulation of coffee would start a national revolt that really would prompt a new party, the Coffee Party, and in part because it is coffee that makes posts like this possible.) But as much as adolescents want to indulge, and as much as they already find a way to do it, if there’s a beneficial bargain to be made, this may be it. Let the grownups smoke/drink/smoke, let them explain to their kids why it isn’t a good idea for the younger set.

If you are currently a pre-teen or teenager yourself, or you once were, and you indulge in weed or once did, this may seem silly, arbitrary and unworkable. Here’s the news: all social policy is ultimately unworkable, or at least challenging and perplexing. The truth is that marijuana abuse by adolescents, just like alcohol and tobacco abuse by them, really is a bad thing, and really can cause irreversible damage. Adults should be free to get blissed out or ruin their lives (with minimal harm to others); kids shouldn’t be. If we are going to have some sort of marijuana policy, it ought to be a lot more sensible than the one we have now, even if the solution isn’t perfect.
10:39 AM 10/23/2013

A Chilly Breeze of Hate, a Hungarian Conductor and the Prospects for American Anti-Semitism

Ivan Fischer
Those of us who grew up Jewish in late 20th century America had a pretty good experience of tolerance, certainly compared to even our parents’ generation. The Holocaust had an immunizing effect, not so much because people saw where such ugly expressions of hatred might lead, but because it was harder to hold those views—at least publicly. There was not an immediate spillover effect, so common prejudices against blacks, women, gays, and other intolerance “classics” continued, while new groups such as Muslims were added all the time. Hate takes no holiday.

The news was not without stories of anti-Semitism. And if we lived in certain parts of the country, we might be more likely to feel like a stranger, and even to hear somebody we liked talk about bargaining as “Jewing” someone down. Oh well, that was ignorance talking, and overall those folks often had a good heart. Maybe the greatest deterrent to taking it too seriously was the Jewish cohort who daily found an anti-Semite around every corner. It wasn’t that there weren’t and aren’t anti-Semites everywhere, including some positions of high profile and power, it’s just that the progress Jews have made in acceptance and mainstreaming made these anomalies. There were other groups still having a much tougher time.

A story from this weekend’s New York Times prodded that complacency, just a little. It comes not from America at all. It is from Hungary. There, anti-Semitism and nationalism are on the rise, to the point where the country’s most celebrated conductor, Ivan Fischer, has written and staged an opera about it. Called The Red Heifer, it is about a 19th century incident in which Jews were blamed for the murder of a peasant girl. But contemporary elements make clear that this is not a story about historical artifacts. The whole world context of the opera is not just Hungary; much of Europe, particularly but not entirely those in the former Soviet empire, are trying to establish new identities in these trying times. That insurgent identity frequently involves a broad menu of nationalistic intolerance. See, for example, the treatment of gays in Russia and the rise of neo-Francoism in Spain. And where there’s a list, Jews are on it. That doesn’t make sense, but not making sense is precisely the hallmark of all this.

It is no secret that certain kinds of intolerance are a little more obviously a part of American life today. There can, for example, be argument about whether the unprecedented disrespect and vitriol for the President is purely political. It isn’t, and most know, or should, that race is near the heart of the hate. Americans too are having hard times that may continue for a while. Even if the current crop of demagogues seems penny-ante compared to “real” American demagogues of the 20th century—the Huey Longs, the Father Coughlins, the Joe McCarthys, the George Wallaces—demagoguery it is. And if we hope and do transcend history, it may be that some things don’t or can’t change: where there’s a list, Jews are on it.

One of the saddest phenomena of recent years is the ultra-ironic sight of a Jewish vigilance about anti-Semitism bizarrely combining with near-paranoid anti-Islamism. E-mails have circulated praising Dutch nationalist politician Geert Wilders, who advocates keeping Muslims out of the Netherlands and out of all (supposedly) white and Western Europe, lest those white and Western values be despoiled, or worse. Why this appeals to some Jews may not be a mystery, but it is moral madness.

And yet. These are stressful times around the world; outside of war, the most stressful in generations. Distrust and fear of “the other” is bred in the human bone. We must work to rise above and to mutate it out. If you have any sense of history—and all of us should study to be amateur historians—you may at certain moments get a little instinct, a buzz, a foreboding that you hope is way off, one that might be as much about you as about the state of things, and thus should be shaken off. On the other hand, there is the cliché: just because you’re paranoid doesn’t mean that somebody isn’t out to get you.

Two truths co-exist in America. Public anti-Semitism has never been at a lower ebb, and will not return to earlier levels. Privately, the truth is that the vast majority of Americans have never met a Jew, and know little about Judaism except the occasional news story or that it is the primitive religious precursor to Christianity. That unknowing is not pernicious, even if it’s not ideal. But seeing what is going on in the rest of the world is a reminder that vacuums can be filled by suspicion, perplexing troubles need someone to blame, and this “other” or that “other” is just too convenient not to accuse.

For American Jews, it is overstatement to call this a chilly breeze. There is not much in the air at the moment. But intolerance is a funny thing. It has a life of its own, and it doesn’t always take the same course. Over-vigilance and paranoia can be counter-constructive and debilitating. This doesn’t mean that closing your eyes works either. What’s happening thousands of miles away is not happening here. But who’s to say who’s next, once the dogs of hate are let loose.

There are never enough occasions to repeat the famous words of Martin Niemöller, the Protestant pastor who was a public foe of Adolf Hitler and who spent years in concentration camps. In a sense it is his translation of Christian (and Buddhist) non-judgmentalism and non-dualism. If you think you are not different but/or are “the right kind” of different, you are mistaken.

First they came for the Socialists, and I did not speak out—
Because I was not a Socialist.

Then they came for the Trade Unionists, and I did not speak out—
Because I was not a Trade Unionist.

Then they came for the Jews, and I did not speak out—
Because I was not a Jew.

Then they came for me—and there was no one left to speak for me.

This Modern World by Tom Tomorrow

This Modern World
Tom Tomorrow (Dan Perkins) is just about the best editorial cartoonist in America. He won this year’s Herblock Prize, named for the dean of modern editorial cartoonists.

Here is the current edition of This Modern World

TMW Current

If you would like to be delighted by a collection of all from this past year or so, visit The Nation.

It’s hard to pick out just one more to show off. This is Tom Tomorrow’s review of 2012
TMW 2012 1TMW 2012 2

The Man Who Could Kill Democracy

McCutcheon v FEC

Today the Supreme Court hears arguments in the case of McCutcheon and Republican National Committee v. Federal Election Commission, an attack on the constitutionality of limits on individual contributions to federal elections. Just as the Court found in Citizens United that corporations have a First Amendment right to unlimited campaign contributions, so Alabama businessman Shaun McCutcheon would have that extended to people (since, as Mitt Romney pointed out, corporations are people too, ergo, people are corporations—at least for election money).

Mr. McCutcheon seems to be a decent and hardworking person, a loyal American, and he is of course entitled not only to his opinion but to his pursuit of it in the courts. But Mr. McCutcheon could conceivably be known as the man who killed American democracy, or at least the one nominally identified with its murder. Yes, he would have the heirs to Abraham Lincoln as his accomplices or co-conspirators, but his fingerprints would be on the weapon.

Is that hyperbole? Before Citizens United, it might have seemed so. But beyond theory, we now have proof that Big Money has a distorting effect on Big Democracy. A contortionate, twisted beyond recognition effect. There is reason to believe that if individual limits are lifted, the effect might go beyond injury to mortal blow.

You can read the submitted briefs here. After the arguments, you can listen to them here.

The questions presented on appeal are these:

Federal law imposes two types of limits on individual political contributions. Base limits restrict the amount an individual may contribute to a candidate committee ($2,500 per election), a national-party committee ($30,800 per calendar year), a state, local, and district party committee ($10,000 per calendar year (combined limit)), and a political-action committee (“PAC”) ($5,000 per calendar year). 2 U.S.C. 441a(a)(1) (current limits provided). Biennial limits restrict the aggregate amount an individual may contribute biennially as follows: $46,200 to candidate committees; $70,800 to all other committees, of which no more than $46,200 may go to non-national-party committees (e.g., state parties and PACs). 2 U.S.C. 441a(a)(3) (current limits provided) (see Appendix at 20a (text of statute)). Appellants present five questions:

1. Whether the biennial limit on contributions to non-candidate committees, 2 U.S.C. 441a(a)(3)(B), is unconstitutional for lacking a constitutionally cognizable interest as applied to contributions to national-party committees.

2. Whether the biennial limits on contributions to non-candidate committees, 2 U.S.C. 441a(a)(3)(B), are unconstitutional facially for lacking a constitutionally cognizable interest.

3. Whether the biennial limits on contributions to non-candidate committees are unconstitutionally too low, as applied and facially.

4. Whether the biennial limit on contributions to candidate committees, 2 U.S. C. 441a(a)(3)(A), is unconstitutional for lacking a constitutionally cognizable interest.

5. Whether the biennial limit on contributions to candidate committees, 2 U.S.C. 441a(a)(3)(A), is unconstitutionally too low.

Without going into the arguments so well-developed in the written briefs, and in the oral arguments today, one point should be stressed. The First Amendment is central to American democracy, but it has never been absolute. It could be of course, and we would be free to destroy the reputations of others, or talk freely about overthrowing the government, or republish the words of others without penalty, or yell fire in that crowded theater. Instead, as an exercise in social priorities, we argue about balance, though sometimes the argument for the good of the many and “democracy” is cover for what’s good for me and mine.

If the Court agrees that both the base limits (the per election money) and the aggregate limits (cumulative over two years) are unconstitutional on their face, anyone with money can attempt to influence public opinion and the action of public officials to the full extent that money can. And it can. Some say that this would simply level the playing field—the same way that everybody having guns would level the playing field, insuring that only the bad guys would get shot. Funny how the First and Second Amendments can work so well together.

In the worst case, where we may be speaking about McCutcheon as we do about Citizens United, only more so, there is still an answer. Simple but not easy:

Get smart.
Vote.

Without casting aspersions too wide, it does seem that a number of Americans really don’t do their homework on public issues. As far as voting, our abysmal turnout numbers tell the tale. But if Americans did do their homework and did vote, we really could have a pragmatic, centrist, reasonable and successful country—instead of an extremist-obstructed one based more on blustery ideology and vaguely-veiled self-interest. We can hope.

How Much Is That in Harvard Years?: Why Ted Cruz Thinks He Is Leader of the Senate

Ted Cruz - Double Harvard
One of the puzzles of the current political situation is how a U.S. Senator with less than a year in Congress believes he is the leader of his party—if not of the nation.

One theory is that Ted Cruz was born in Canada, and therefore doesn’t completely understand the American political system. But that would make him more reasonable, conciliatory and polite, so that has been rejected.

Another possibility is that the sudden disappearance of Senate Republican leader Mitch McConnell has left a vacuum that the party is scrambling to fill. In the chaos of the relentless search for the Kentucky Senator, Sen. Cruz has leapt into the breach.

The best explanation is a bit esoteric, but if you attended one of the “major” Ivy League colleges, as Ted Cruz did, you should have no trouble following. (Note: This writer, as a graduate of what Ted Cruz considers a “lesser” Ivy, is still struggling with the theory. Hopefully there is a Harvard, Princeton or Yale grad out there to help.)

Just as there are “dog years,” there are also, at least in the mind of Ted Cruz, “Harvard Years.” The exact numbers aren’t clear, but on a one-for-one basis, this means that the seven years he spent at Harvard (College and Law School) is the equivalent of seven years in Congress. If it is two-for-one, he has been there for fourteen years. And if it is a canine calculus, Ted Cruz has been in Congress for 49 years! That is a near record achievement that should put complaints of his inexperience to rest, though other concerns won’t go away so easily.

Note: The Ivy League colleges are famous (at least among their attendees) for their mottos. These are in Latin, because at the time the schools were founded, Latin was the lingua franca of the intelligentsia. (And yes, of course, Ted Cruz probably speaks Latin, along with French and Spanish.)  For all his Haravardian pride, he should pay closer attention to the motto of his alma mater: Veritas (truth).

Even closer to home for Ted Cruz, if he would deign to consider the motto of one of those lesser Ivies, is this: Leges Sine Moribus Vanae—laws without morals are in vain.

Another Fleetwood Mac Presidency?

Fleetwood Mac - Rumours
That’s not Bill and Hillary Clinton on the cover of the Rumours album.

Pandora popped this album up and three things came to mind. The music is still pretty good, as well-crafted as any pop of its day, but it does sound  a bit dated. The second thought is about this now-iconic photo of Mick Fleetwood and Stevie Nicks. What in the name of artsy pretentiousness is going on, and why does Mick have two balls hanging near his crotch?

The final thought was of the Clintons. If you were there, you will never, ever get the identity between Bill and the campaign theme song Don’t Stop out of your head, hard as you try.

Hillary’s presidential candidacy is a big topic that has to be dealt with in bite-size chunks. Among the sub-topics is whether she will run, whether she will win the nomination, whether she will win the presidency, and whether any of it is a good idea for the party or the country. All that is stuff for another day.

The subject here is what it means in terms of Fleetwood Mac. Does Hillary still like and listen to them, or did she never, instead just giving in to another of Bill’s peccadilloes? Did she think of herself more as a Stevie Nicks or as a Christine McVie? Did she think more of Stevie or Christine? Did Bill think more about Stevie or Christine?

(As a bonus, consider that the songs on Rumours are famously confessional about broken relationships and secret infidelities among band members. That’s why it’s called Rumours. Ironic, yes?)

The big question is whether a Hillary candidacy is a hark back to Mac, essentially a call for the better days of the mid-1970s or early-1990s, the decades that frame the Clinton Years. If it is, the question then is what kind of place, if any, there is for Fleetwood Mac in 2016. It’ll soon be here.

History’s Goat

John Boehner
If, as expected, the government shutdown is protracted, bleeding into the debt ceiling crisis, the cool eyes of history will judge Speaker of the House John Boehner to be the goat. Not the President, not extremist Republicans in the House, not Ted Cruz or anyone in the Senate. Almost everyone on both sides of the aisle either knows it is John Boehner’s fault or believes in any case that he will be blamed and take the fall.

It is his responsibility because he could have brought a “clean” Continuing Resolution to a vote in the House—and he still can. All indications are that enough Republicans would vote for it—and still would. This would not solve any other crises or disagreements, but all those could then proceed under the simple everyday circumstance of the government running. That would be a good thing by almost all lights.

The reasons John Boehner doesn’t do this are many and complex. He is appropriately loyal to what was, and will hopefully be again, a great political party. The demands on his Speakership are as difficult as any in modern history; it is possibly a job that no one could do perfectly or even well. The extremist Republicans in the House have not so much discovered political extortion—an ancient practice—as fallen in love with it, become obsessed with it. They have aimed their threats at the nation, the President, and reasonable members of their own party in primary after primary.

The extremist threat against John Boehner is not that he will lose his secure Ohio House seat—he won’t—or even that he will lose his Speaker post—he probably will, if they can find anybody else courageous or stupid enough to try to “lead” these House Republicans. The threat hanging over John Boehner, a man who loves his country and his Congress, is that he will be humiliated by failing miserably, rather than just not succeeding.

John Boehner is making a classic mistake, one that competitors in all fields, including sports, business and politics, should know. To win, you have to play aggressively and by the rules, but you have to play to win according to your best inner guidance. Because when you play not to lose, you already have.

Right now, John Boehner knows he isn’t winning, but he could, if he would just end this shutdown. Instead, he has retreated to a haven of rhetoric and finger-pointing that he knows is not right. That’s why every evaluation of his performance, even by some friends and moderate Republicans, begins with “He is a nice guy, a good man, but…”

Right now, whatever the consequences, he could do the right thing, pay whatever price there is to pay, and be a hero. But right now, and in the historian’s rear view mirror, that isn’t how it looks.

Patents: Just One More Shutdown Victim

Election Game

You have heard stories, but you may not be directly affected by the shutdown at the moment, or know anyone who is. The shutdown may end tomorrow, but it may go on for weeks, as the last one did in 1996.

You understand the human misery that begins today. But maybe you don’t realize the legitimate, non-controversial things that the federal government does—things that are actually required by the U.S. Constitution, which even the most radical and extreme government haters say they respect.

The United States Patent and Trademark Office is one of those functions. It is an engine of innovation, which is one of those buzzwords that everyone across the political specturms like to throw around. How busy and important is the USPTO? Right now, there is a backlog of 1,000,000 patent applications in the pipeline

The USPTO site features this:

USPTO Operation Status

During the general government shutdown that began October 1, 2013, the United States Patent and Trademark Office will remain open, using prior year reserve fee collections to operate as usual for approximately four weeks. We continue to assess our fee collections compared to our operating requirements to determine how long we will be able to operate in this capacity during a general government shutdown. We will provide an update as more definitive information becomes available.

Should we exhaust these reserve funds before the general government shutdown comes to an end, USPTO would shut down at that time, although a very small staff would continue to work to accept new applications and maintain IT infrastructure, among other functions. (Should it become necessary for USPTO to shut down, details of the agency’s plan for an orderly shutdown are available on page 78 of the United States Department of Commerce’s shutdown plan, available here.)

Any new or updated public information related to USPTO operations during the government shutdown will be placed on this page.

The mentioned shutdown plan includes 87 pages and obviously took many hours to create and will take many more to execute.

While there, a search of the patent database found numerous political games (above). Unfortunately, there did not seem to be any patents for helping political extremists understand that government is not a game, and that the extraordinary founders of the nation who they claim to love never meant it to be one. Those founders believed in government, and could never imagine any representatives irresponsible enough to believe otherwise.

The Most Significant Shutdown Front Pages

El Diario

Republicans should pay close attention to the front pages of America’s newspapers this morning, the first day of the government shutdown prompted by their obsessive opposition to Obamacare.

Most papers carry some version of “shutdown” or “gridlock,” with photos of John Boehner and Harry Reid, or John Boehner and Barack Obama (it’s all about John Boehner).

But the big story on two front pages is the opening of the Affordable Care Act insurance exchanges. These two papers just happen to be two of the largest Spanish-language dailies—El Diario in New York (above) and La Opinion in Los Angeles (below).

La Opinion

Why is this significant for Republicans? Because they claim (but in their heart of hearts still may not believe) that here in the second decade of the 21st century, they can’t become an American national party without broad Latino support. That is true, but the fact is that a large part of that constituency is uninsured and is deeply interested in the benefits of Obamacare. This is reflected in those front pages. But the Republicans are sworn enemies of Obamacare, so committed that they are willing to put people out of work to do it. How can the Republicans be a party attractive to Latinos under that circumstance?

The answer is that they can’t. It is a circle Republicans cannot square. And no matter how much lip service they pay to underserved populations, everything they do says something else. Actions, like front pages, speak louder than words.