Showing posts with label politics. Show all posts
Showing posts with label politics. Show all posts

Sunday, May 19, 2013

Donkeys Like Us

Is Barack Obama arrogant? Yeah, probably.

Look. He rose from nothing; became the first African-American editor of the prestigious Harvard Law Review; became a law professor at the highly-acclaimed University of Chicago School of Law; made millions from a best-selling memoir; became a U.S. Senator as a young man; and, against the odds, beat the Clinton machine and the Clinton money for the Democratic nomination for President. Then he took the most powerful office in the world.

Would a guy like that have a high opinion of himself?

Might.

1. The donkey.
 

But here’s the thing: arrogance isn’t the only thing about him. He’s also a loving family man; he’s a thoughtful policy wonk; he’s a serious Christian; he cares about the welfare of the humble; he reaches out to his adversaries (too much, say his critics on the left). He takes risks (Osama bin Laden).

Some people won’t acknowledge the bad in him. Some won’t acknowledge the good. Some believe good things about him that aren’t true. Some believe bad things that are lies.

But our political leaders, including Obama, aren’t cartoon villains, and they aren’t storybook heroes.

They’re complicated. Like you and like me.

As Martin Luther (I believe) said, A man is a donkey, sometimes ridden by God and sometimes by the devil.

2. The Word.

 
Why don’t we get that?

We’re a nation dominated by Judeo-Christian traditions, a nation of people of The Book.

So we should.

The Bible is unlike other ancient texts of history and origins. It doesn’t photoshop our historical forbears; it doesn’t edit out all evidence of their sin and fault. Abraham was willing to sacrifice his son, the son of his old age, in obedience to God, such was his faith; but he also sent away his servant girl with his other son, by her, into the desert, where, but for God, they would have died.

Ten of the twelve patriarchs plotted to kill their brother, Joseph, but instead sold him into slavery to a passing caravan of foreigners.

David loved God with his whole heart; but in the book of Kings, he had sex with another man’s wife. And then, when she got pregnant, he killed the husband to hide his own fault.

By tradition, the apostle Peter asked to be crucified upside down, because he felt unworthy to die as his Lord had died; but while Jesus was in custody before his own crucifixion, Peter denied him three times. When Jesus was arrested, all of his remaining disciples fled.

So the bedrock book of our culture is clear: people are complicated. They are capable of greatness and great love; the same people can be cruel or cowardly or foolish. This truth embraces the great men of our tradition.

3. A sports metaphor.

Why can't we see our leaders that way?

Sometimes we seem to think and speak about our leaders with the restraint and thoughtfulness of a sports fan chauvinistically shouting up his favorite team or putting down a rival team.

4. Myself, ridden by the devil.

And I have been guilty of this. When George W. Bush was president, I happily read Maureen Dowd’s book Bushworld. I gobbled down the delicious disparagements of our president. Ditto when I read Shrub by Molly Ivans.

And in these days, I've had the habit to spend thirty minutes four days a week watching John Stewart on The Daily Show as he hilariously explodes the hypocrisy of Republican leaders and conservative media.

5. Ridden by God.


But I’ve stopped.

I don’t watch The Daily Show anymore. I choose not to watch a man, however clever, put other people down.

I’ve tried to be disciplined about Republican leaders. I’ve written essays on the virtues of Mitt Romney, Ron Paul, and Rick Perry, none of whom I could imagine voting for.

6. The Why of it.
 

If the Bible is believed, to see someone as complex is to see them as God sees them. Why shouldn’t we have the habit of seeing as God sees?

And to see someone as evil and only evil, to cherish our hatred of him or her, is sin. Is Jesus’s call to love our enemies a nice idea from a dreamer of dreams? Then, too, 1 John 4:20:
Those who say, "I love God," and hate their brothers or sisters, are liars; for those who do not love a brother or sister whom they have seen, cannot love God whom they have not seen.
7.  Practice.

I’m a man of faults and virtues. My friends and family likewise are men and women of faults and virtues. However hard, I try to know that about my adversaries and my enemies, too, when I take wisdom.

And I pray for those I oppose. Sometimes, I pray for opposing counsel in cases I have, even if I lean toward having a low opinion of them.

I think that the Minority Leader of the Senate, Republican Mitch McConnell, would harm the country for the sake of his ideology. I tend not to think highly of John Boehner, the Republican Speaker of the House of Representatives, but it’s easier for me to see him as complex than McConnell. But I pray for them by name every day, sometimes twice.

It’s easier to think of someone as reachable by God if they are complex, as opposed to evil. It’s easier to pray for someone whom you think is reachable by God.

And praying for persons in high positions, after all, is the will of God. (1 Timothy 2:1-2.)

Or we can do otherwise. It’s our choice. After all, we are complex creatures, sometimes ridden by God, sometimes by the devil.

Wednesday, April 18, 2012

Nightfall

I walked to Trader Joe’s to buy dinner. On the way, I passed a bar. Men gathered around the bar’s door to smoke. I heard a flash of conversation.

One of the men complained that "the currency from the Federal Reserve" was "worthless".

Mind you, this man was outside of a bar. He was probably drinking. I doubt that he paid for his beers with Krugerrands. I doubt that he paid for his beers with chickens, or Chiclets, or other barter. Same with his cigarettes, his clothes, and the motor vehicle that he used to drive to the bar.

The bartender took his "currency" and gave him beer. Walmart took his "currency" and gave him jeans. Boot Barn did the same with his footwear. And (shall we say) Harley Davidson was not different.

All of his material needs are met with currency. Yet, to him, this "Federal Reserve" currency – I assume he meant dollars – to him was "worthless".

How so?

1. Devaluation of facts.

I am amazed. I wilt with ignorance. Where does the hard-right get its facts? The hard-right is convinced that a white American woman from Kansas traveled to Kenya to give birth to her child, who would become president of The United States. But if a birth certificate from Hawaii and birth announcements in the Honolulu papers don’t convince them otherwise, "proof" ain’t the point.

I was mugged by a stranger on Facebook. On the way to some serious insults, he pointed out that the Communist Manifesto endorsed confiscatory, progressive income taxes. He pointed out that liberals believed in progressive income taxes. So he concluded that communists and liberals were the same. Never mind that private enterprise is a basic tenet of liberalism. Never mind that the opposite is true of Marxism. It’s a little like saying that Charles Manson and Roman Polanski were big in Sharon Tate’s life, so Charles Manson and Roman Polanski are the same.

(On the other side of the political spectrum, a visiting Marxist (I think) professor taught an economics class at UCR when I was a student there. He claimed that there was no difference between conservatives and liberals. He made this claim by presenting scraps of similar-sounding rhetoric from liberals and conservatives.)

Before I eavesdropped on the political sages outside the bar, I passed a protest on two corners of Orange Street and Redlands Boulevard in Redlands. It was more loud than big. There were, on the two corners, maybe thirty people. But some of them had bullhorns.

And the bullhorn-magnified speakers proclaimed that Barack Obama was a "socialist" and a "communist". Yet I’ve never seen convincing proof of that. (Oh, yeah, aside from progressive income taxes – I forgot).

So I conclude that facts are not the issue, and proof is not important, as a basis for opinions from my hard-right cohorts.

3. The rise of collective opinion.

If their opinions aren’t based on fact, what then?

I’ve heard that morality is a group phenomenon. More than religion, more than education, the people around you, and what they do, determine your ethics.

I think the same is true of opinions. Rightly or wrongly, it seems to me that searching for proof and counter-proof is not the method of the hard-right. Evidence, like a birth certificate, like a birth announcement, is, to them, beside the point.

They don’t trust such facts. They trust their hard-right cohorts. What matters is consensus. Those who accuse Barack Obama of creeping collectivism themselves find certainty in collective opinions.

So far as I can tell, the sources of their collective opinions are their friends, their families, right-wing media, and the internet. You can point out that when NBC distorts the news, somebody gets fired; but when Fox News distorts the news, Sean Hannity makes a joke about it – it doesn’t matter. There is trust. There is faith in the collective opinion that is its own proof.

4. Am I a hypocrite?

The hard-right is a religion. Like a religion, it has a body of believers. This body of believers shares a (to them) un-assailable gnosis.

I’m a believer, so I accept the truth of Christianity. I trust the Bible. I trust Paul when he says that Christians "walk by faith, not by sight". (2 Cor. 5:7.) I trust Paul when he asks "Where is the wise? where is the scribe? where is the disputer of this world? hath not God made foolish the wisdom of this world?" (1 Cor. 1:20.) But I don’t accept that modes of Christian thought apply to all ideologies.

So I wonder: am I a hypocrite for accepting a mode of thought for my religion that I deny to the hard-right for their politics?

Must I accept the acceptableness of believing without proof that the president was born in Kenya, because I accept that Jesus was crucified, rose from the dead, and now is crowned king of heaven?

If not, why not?

I’m not sure that I know the answer to that.

5. Judgment.

But I wonder: how far does this mode of thought properly extend?

I practice law for a living. My clients sometimes are judged by the twelve. I hope that the twelve form their collective judgment by hearing the law and examining the evidence. But I know that some jurors decide cases based on habitual deference to the government, especially as against a, to them, unattractive defendant – unattractive by race, unattractive by occupation, or unattractive by personal appearance. You hope to weed out these people in jury selection, but you can’t always.

6. All roads lead to war.

The endpoint of this collective mode of measuring reality is that facts don’t matter; only opinion matters – especially the opinion of trusted cohorts.

Maybe that is why politics has become so nasty and so personal. The battle is no longer over facts; the tools of debate aren’t the tools of investigation. Instead, the battle is the battle of a cohort with opinions struggling to monopolize the pool of opinions by marginalizing the opposite cohort. This war of one cohort against the other has supplanted, in the minds of some, the idea of public debate as a quest for truth. Politics for many has become more nakedly a quest for dominance among cohorts.

The struggle is not a struggle for proof or truth; it is a struggle to undermine opponents, to silence their opinions, to make them, in one way or another, shut up.

This mode of politics explains the politics of character-crushing falsehoods. It explains effort by Republican legislatures to deprive democratic constituencies of their voting franchise.

Because once politics becomes untethered to the truth, it becomes important to silence any innocent who might call attention to factual nakedness. Orwell lives.

7. Equality is right and fair.

In the meantime, there is a leveling quality to collective opinion: my opinion, supported by carefully uncovered credible sources with reputations for accuracy to protect, is entitled to no more weight than a vaguely-sourced rumor repeated on U-Tube by a man in a cowboy hat who claims to be a retired U.S. Marshall.

Certainly, between my opinion and the opinion of the man in the cowboy hat, there is an equality at the ballot box. His vote counts the same as mine. And when that happens, the system is working as it was designed to work.

My love of democracy permits no other opinion.

8. What is truth?

What is truth, then? The truth is that, in my opinion, I am lucky that I have the training that I have. It gives me skills to investigate and evaluate sources, however imperfect those skills are.

The truth is that, in my opinion, I am lucky that I have friends who are like-minded. The truth is that, in my opinion, I have a duty to try to reproduce what skills I have in the world.

And the truth is that, in my opinion, based on my theology, the collective mind of America will be only as clear as God permits it to be. We should celebrate clear thought, as much as we have it, while we can. For "the night cometh, when no man can work." (John 9:4.)

Tuesday, August 16, 2011

Homage to My Facebook Friends

Sometimes, Facebook is like a hammer blow to my hand that I can’t live without. I’ll explain.

If Abraham Lincoln lived today, I think he would be on Facebook.

Lincoln lived before public-opinion polls. He had to gather his information about what people were thinking in old-fashioned ways.

He read newspapers.

And he talked to people.

He lived in a time when a man or a woman of no fame could walk into the White House and demand an audience with the President – and get it. He lived in a time when the President walked the streets. In fact, people felt so comfortable with Lincoln that they would ask him for money. One day, he had to tell a man that he couldn’t give him money, because he had given away all the money that he had started out with.

So Lincoln as president lived among the people, and he knew about them firsthand.

I’m not exalted (and isolated) like the president of the United States. But we live in an atomized age. That is, I don’t think that people today join groups where they mix with people very different than themselves. People today are more socially self-contained. Our lives follow the rut of work, family, TV, and, increasingly, the internet. And friends tend to be like-minded. And the programming and websites that we choose tend to confirm our beliefs, instead of challenge them.

That’s not completely true of me. I sometimes go to a conservative church, and I suppose that most people there are politically conservative. (Can I generalize and say that conservatives make the best preachers? Maybe. But my exposure is limited.) And I have my newfound friends at the Masters swim meets – a diverse group.

But by and large I don’t have the wide access to people of different opinions that Lincoln and his generation had. That’s why I value Facebook.

On Facebook, I interact with people who have opinions that are stunningly different from mine. In fact, they have ideas about the world and reality that make it hard to believe that we live in the same neighborhood, city, state, or country. It’s almost like we come from parallel universes – theirs where Barack Obama is a secret Muslim; mine where he lives to make their lives better.

But it’s important for me to know their opinions. That’s true for a lot of reasons.

First, I grew up with many of these people. So they’re a permanent part of my life story, just like, in some way, I’m a permanent part of their life story. So to know what they’ve become and what they believe is to better know parts of the story of my own life.

Second, in this world, we share a common fate. If the country capsizes, it won’t be just Democrats or just Republicans who fall into the water. This is important because we live in perilous times. I don’t take for granted our continued prosperity, nor our continued freedom. I agree with those who sense a fragility in these things unrecognized by most people.

So I want to know my shipmates. I want to know who I depend upon to keep us afloat. I want to know who I’ll be treading water with if we capsize. To know who they are and what they think gives me a sense that I can see where the country is headed. This might be illusory. But it feels real.

Third, what my friends believe challenges my own beliefs. Reading the words of my Facebook friends makes me honestly ask: why do I believe the New York Times and not Fox News? I wouldn’t ask this if I didn’t have friends who gather their information and opinions from sources alien to me. It makes me put myself through a cognitive safety-check. That’s a good thing.

Fourth, there’s simple curiosity. Honestly, sometimes I read what my friends write, and it feels like I’m watching a small plane dive into a water tower. (They probably feel the same way about some of what I write.) But we humans have curiosity – even if sometimes it’s morbid curiosity. And sometimes it’s just interesting to know what other people think.

Fifth, politics makes me angry. I get frustrated by it. But knowing people who hold opinions that I hate reminds me that these opinions are held by people of good will. Of course, I believe that we all are innately evil – and I don’t except myself from that religious article of faith. But if the term "good" can be applied to the unrighteous hominids that we are, then I’m reassured that people who hold opinions very different from mine are "good" people. That keeps me from becoming a hater. That also is a good thing.

I’m grateful for the toleration of others. So far as I know, none of my Christian Facebook friends "un-friended" me after I wrote a blog called "When Christians are Assholes" and posted a link to it on Facebook. I’m sure that that wasn’t welcome on the Facebook news feeds of some of my friends.

This toleration gives scope to my opinions that otherwise I wouldn’t have.

By keeping me as a friend, my conservative friends show that they value some mix of the things I value about the diversity of Facebook opinions.

My Facebook friends might never make me believe that Obama is a secret Muslim. I might never make them believe that Obama lives to make their lives better. But their opinion is valuable to me exactly because it’s their opinion. I hope they value my opinion.

Wednesday, July 13, 2011

Capsizing

1. Ships that can’t be righted.

A large capsized ship can’t be righted.

As a wave pushes a ship over, it’s crew might hold their breath in mute terror, waiting to see if the ship reaches the point of no return, the point when all is lost. Sometimes the ship returns to upright to take on the next wave. Sometimes it doesn’t.

I say this because the right wing in America risks to capsize the country. It risks this for political gain. The odd thing is that they seem to think that when they capsize the country, only the Democrats will get wet.

2. Capsizing the economy.

So with the debt ceiling.

The dollar is the world’s premier currency. It has rivals in the yen (Japan), the yuan (China), and the euro (Europe). China, particularly, agitates for countries to "balance" their foreign reserve holdings with other currencies aside from the dollar. China hopes to start a trend that ends the dollar’s supremacy.

China has allies in America. They aren’t moles in banks who cut secret, treasonous deals for their own enrichment. They are the Republicans in Congress.

Congressional Republicans are holding the debt ceiling hostage to their own uncompromising position on debt. They use the vote to raise the debt ceiling as leverage to get their way -- and get their way 100% -- on the budget.

The debt ceiling is the legal amount of indebtedness that America can have. If we reach our statutory debt limit, we cannot borrow more. Then, we cannot pay our debts. We’ll default on something: our sovereign debt (what creditor countries lend to us); soldiers’ salaries; social security checks. The damage from this will ripple through the economy.

Ripple might not be the right word. Tsunami might be more correct.

The Economist is a socially-liberal but fiscally-conservative magazine ("newspaper" in British English). They champion debt reduction. They have criticized Obama for not doing enough about debt. Even this week they said, "Mr. Obama had been deplorably insouciant about he medium-term picture, repeatedly failing in his budgets and his state-of-the-union speeches to offer any path to a sustainable deficit."

But here’s what The Economist says in an article in this week’s magazine called "Shame on them."
This newspaper has a strong dislike of big government; we have long argued that the main way to right America’s finances is through spending cuts. But you cannot get there without any tax rises. In Britain, for instance, the coalition government aims to tame its deficit with a 3:1 ratio of cuts to hikes. America’s tax rate is at its lowest level for decades: even Ronald Reagan raised taxes when he needed to do so.
Here’s more from The Economist:
And the closer you look, the more unprincipled the Republicans look. Earlier this year House Republicans produced a report noting that an 85%-15% split between spending cuts and tax rises was the average for successful fiscal consolidations, according to historical evidence. The White House is offering an 83%-17% split (hardly a huge distance) and a promise that none of the revenue increase will come from higher marginal rates, only from eliminating loopholes. If the Republicans were real tax reformers, they would seize this offer.
The Economist expects serious damage to the economy when America defaults on its debt.

The Obama administration proposed an 83%-17% ratio of cuts to increases. They basically said Yes to the Congressional Republicans’ own proposal. But The Republicans wouldn’t take Yes for an answer. They walked out of discussions.

The New York Times speculated that the Republicans might want to exploit, for political gain, the economic turmoil that will come after a debt-ceiling default. That might be. They might stick to that plan, unless they can get something better. If they follow that plan, then they are making all of us – all of us who aren’t rich – unfortunate pawns in their grand strategy to rise to the top.

3. Capsizing political debate.

The Russian-roulette game over our economy isn’t the only way that the right wing gladly risks disaster.

Political debate is in recent years sullied. But Republican leaders and Republican media reached a new low by whipping up fervor against "death panels" in the Affordable Care Act ("Obamacare" to its detractors).

Nobody can point to death panels in that bill, because they aren’t there. The closest thing to that was a part of the law (taken out) that paid doctors to do what they have been doing for free: advising patients about end-of-life choices.

Most people don’t want to be irretrievably comatose and on a feeding tube or a heart-lung machine. Advanced directives that come from these doctor-patient discussions keep a patient’s children or spouse from being burdened with the guilt or expense of making that decision without a clear statement of the patient’s preference.

Accusing the Democrats of legislating "death panels" to "pull the plug on grandma" so poisoned political conversation in this country that I don’t know that it ever can recover. It went far toward capsizing political debate.

4. Capsizing the legitimacy of the Republic.

And Republican media and Republican politicians take aim at the Republic itself. Republican governor of Texas Rick Perry talks about seceding from the Republic. Here’s a guy who literally would fight to keep "under God" in the Pledge of Allegiance; "indivisible"– not so much.

This attitude has trickled down. On Facebook, I have seen a post that compares democracy to two wolves and a lamb voting on what to have for lunch.

It’s funny in its way, but it’s more frightening than funny. After all, democracy is fair, and fair is the opposite of wolflike-ness. It’s the ultimate way that a government can have legitimacy. Democracy reflects the will of the people – or at least most of the people. That’s right and just. It’s more right and just than any other form of government.

And there are safeguards against the so-called tyranny of the majority. Under the Constitution, majority rule is subject to checks and balances. The Supreme Court can declare laws unconstitutional – as might happen to the Health Care Reform Act, which will one day come before the Supreme Court. And before a bill can become law, it has to pass in the House of Representatives (where congressmen are elected by districts that have roughly equal population to each other – this give more power to large states); and the Senate (where each state gets two Senators – this gives more relative power to citizens of smaller states). Then, usually, the President has to sign a bill into law (but Congress can override his veto).

This is the most perfect (but not perfect) form of government. Other forms are less fair.

And we have a vigorous press in which all opinions can be expressed, And, compared to most of the world, we have little official corruption.

But the right wing is revving its chain saw at the base of the living American tree – disputing the fairness of our democracy – because they aren’t happy with political outcomes. When they do that, the right wing risks much to our Republic. Because when people dispute our Republic’s legitimacy, when they urinate on our Constitution, they weaken the Republic. But the right wing seems willing to risk this capsize.

5. Capsizing justice and political restraint.

As much as the right challenges the legitimacy of government under Obama, the real scandals of governance have taken place under Republicans.

In the Bush administration, U.S. Attorneys asserted that they were fired for partisan reasons. David Iglesias, for example, refused to politicize prosecutions. He said under oath that Republican politicians directed him to target Democratic officeholders because they were Democratic officeholders. When he refused, he was fired. The U.S. Department of Justice Inspector General backs his assertion.

An official from the Bush administration asserted her Fifth Amendment right not to incriminate herself in the investigation of the U.S. Attorney-firing scandal. After getting immunity, she admitted to feloniously using political criteria to fill non-political Justice Department jobs. She also testified that many Bush-administration officials had lied under oath about the U.S. Attorney-firing scandal.

The Wisconsin Republican governor and the Wisconsin Republican legislature passed a law to weaken public-employee unions. Now, there is in Wisconsin no counterweight to corporate money. Other Republican states are following.

Under Bush, America was Ukraine. And under Republican governors, Ukraine continues among us.

6. Capsizing freedom of speech.

A former ambassador investigated the charges that Iraq had sought uranium yellow-cake from Niger. He published an editorial in the New York Times that accused the Bush White House of knowingly lying to the American people. In fact, the Bush White House did not know of his report; the report didn’t travel up from the CIA, which had sent him on his fact-finding mission.

But that’s not the point. The point is that high Bush-administration officials swiftly retaliated against the former ambassador by disclosing to several reporters that his wife was a CIA employee –Valerie Plame. Right-wing columnist Robert Novak outed her. In fact, Valerie Plame was a covert operative who specialized in nuclear proliferation. America became less safe after she could no longer do her job.

7. Speak up!

Some of my right-wing friends are adamant that Muslims must renounce the terrorists who share some form of their own religion. Where are my right-wing friends when their political brethren threaten our welfare and disparage our Constitution?

Unless you hate Obama more than you love America, speak up.

________________________________

Selected sources.

A conservative columnist for the New York Times says that Republicans should shake hands with Obama and declare victory on the budget. He says they’re nuts not to:

http://www.nytimes.com/2011/07/05/opinion/05brooks.html?partner=rssnyt&emc=rss

A neutral referee discusses so-called "death panels" in the Health Care Reform Act. It’s hogwash:

http://www.factcheck.org/2009/08/palin-vs-obama-death-panels/

Governor Perry wants to lower Old Glory in Texas forever:

http://www.statesman.com/news/content/region/legislature/stories/04/17/0417gop.html

U.S. Department of Justice Inspector General report on the firing of U.S. Attorneys. It says Rove and others wouldn’t cooperate with investigators about the firing of U.S. Attorney David Iglesias:

http://www.justice.gov/oig/special/s0809a/final.pdf

See, especially, p. 186-187; 190

U.S. Department of Justice official Monica Goodling invokes the Fifth Amendment in Congressional hearings.

http://www.washingtonpost.com/wp-dyn/content/article/2007/03/26/AR2007032600935.html

Monica Goodling admits using political criteria to fill non-political Justice Department jobs:

http://www.washingtonpost.com/wp-dyn/content/article/2007/05/23/AR2007052300728.html

The outing of Valerie Plame (Book):

James B. Stewart, Tangled Webs (The Penguin Press 2011)

Saturday, October 2, 2010

Eliminating Bigotry for a More Perfect Union, Part 2

(Part 1 below.)

Bigotry against Muslim Americans is headline news, even if the bigotry is not the headline. In contrast, bigotry against Roma makes little news, but it also is not usually recognized as bigotry.

1. Bigotry and Muslim Americans.

Bigotry against Muslim Americans comes from a mix of political calculation and public ignorance. Politicians and pundits exploit ignorance to incite hatred of Muslims. They do this to gain advantage over their political opponents.

                    a. Politically purposeful bigotry.

Politicians and pundits eagerly condemn the planned Muslim mosque in Manhattan near the site of the former World Trade Center. They  assert hateful accusations against Muslim Americans, gaining political capital while our peaceful Muslim neighbors pay the price. They assert that the promoters of this Manhattan mosque are "insensitive" to the victims of 9/11, even though some 9/11 relatives support the mosque, and even though the mosque is intended in part as an interfaith meeting place. They assert without evidence that the mosque is intended to be a terrorist command center.

These politicians, pundits, and most of the public do not distinguish between the responsible, decent Muslims behind the Manhattan mosque and the deeply-evil mass murderers who piloted planes into buildings nine years ago. I discuss other defamations against Muslim Americans in my September 4, 2010 post, "Not Enemies but Friends", in the section called "Wedge issues".

To these cynical politicians and pundits, the Muslim American victims of their political opportunism are mere collateral damage. They victimize Muslims, but to them this is an un-intended but un-important byproduct of their political exploitation of the pain and anger over the events of September 11, 2001. The purpose behind perpetrating hatred of Muslims is the accumulation of political power.

This lingering pain and anger from September 11, 2010 puts most Americans out of sympathy for the rights and well-being of Muslim Americans.  So demagogues enhance their political standing by telling lies about Muslims that the public is eager to believe. And this public anger means that when demagogues denounce Muslims or their freedom to build places of worship, they inflict harm on any adversary who dares to defend Muslims, tolerance, and religious freedom. Any opposing politician or pundit pays a price for appealing to the better angels of our nature.

The political boon of anti-Muslim bigotry goes even further than that. Some eighteen percent of Americans believe that Barack Obama is a Muslim, up from eleven percent in March, 2009. Politicians and pundits disseminate this disinformation hoping to politically damage the President. This is a new incarnation of an oldest, simplest political argument: "He’s not like us." This is the very base of bigotry.

As Republican former Secretary of State Colin Powell stated on Meet the Press, leaders in his own party encourage people to believe that Obama is a Muslim. As Powell points out, this is wrong-headed on two levels. First, there is nothing wrong with being a Muslim; there is no reason that a Muslim child should not be able to grow up to be president. But the accusers insinuate otherwise. Second, Obama is not a Muslim.

                   b. Ignorance as the agent of bigotry.

Eric Sevareid was a television essayist for CBS News. In his 1977 farewell broadcast, he articulated certain self-imposed "rules". Among them: "Not to underestimate the intelligence of the audience and not to overestimate its information." Politicians and pundits know that rule too, not so much honoring the intelligence that Sevareid spoke of, but manipulating the lack of information. They manipulate broad swaths of the American public who never thought about Muslims until planes flew into buildings in New York and Washington; nor learned more about Muslims thereafter; or, if they did, only fitted the information into a template of anger and hatred formed on that day.

Hatred of Muslims as a group is wrong, but I am not completely out of sympathy with my countrymen-and-women who harbor grudges against Muslims. I express this and the reason for it in my August 28, 2010 post, What the Islamic Community Center Controversy Teaches Me about Loving My Country. I also talk about the need for Christian humility among Christians: Muslims are better than we tend to think, and Christians are worse than we tend to think. I note thriving Muslim democracies, and I list relatively recent atrocities committed by Christian countries. I won’t repeat myself here, but if you want to see those positions argued, you know where to go.

On some level we tend to know that it is wrong to judge a group by its most perverse members; we ourselves could not emerge upright from such judgment. But the present political climate makes us overlook that simple truth. Leaders appeal to our baser judgments, counting on a feeble push-back, if any, from a public largely preoccupied with their own anxieties, affairs, and entertainments.

2. Bigotry against Roma.

Roma is the name for the group formerly known as Gypsies.

I’m not aware of national news concerning Roma, like news about African Americans, Latinos, or Muslims. But I have personal knowledge of bigotry against them.

More than other groups that are discriminated against, I find that there is no self-consciousness about holding against Roma the fact that they are Roma. For example, when I was a prosecutor in Alhambra, California, there was a sandwich shop run by Roma. Their sandwiches were good, made with fresh-baked bread. I once invited a detective to go there. He immediately said, "But it’s run by Gypsies – they piss in the bread!" Whether he literally believed this or not, his immediate, un-self-conscious response was a racial put-down. Having almost daily contact with this detective for two years, I never heard him speak that way about any other race or group.

On another occasion, I represented a Roma man in Monterey, California. He was accused of theft; having a loaded firearm in his car; and child endangerment. (The child-endangerment charge was because the children were young, and the gun was loaded and under a seat.)

The theft consisted of money taken for repairing a damaged fender. My client’s repair of the fender was, in the vernacular sense, a "rip-off", because he did a poor repair job. A poor repair job is not a crime, however; but it was treated as such. The officer wrote in his investigation report that this was a scam perpetrated by "Gypsies" all over California. To this day, I have no basis to believe that the officer had actual information to back up that statement; none was stated in the investigation report.

But, true or not, that statement was inappropriate and prejudicial. It was like saying that an African American must have intended to sell the drugs he had (a more serious crime than mere possession) because that is what African Americans do.

Character evidence is frowned upon under California law – generally, in a court of law, you can’t hold against somebody his own prior bad acts. But this was worse than character evidence. This was tarring my client not with his own prior bad acts.  It was tarring him with alleged prior bad acts by others over whom he had no control, and for whom he had no responsibility.

Among the prosecutor, the judge, and me, I was the only one who seemed to perceive the inappropriateness of this statement in the officer’s investigation report. Only after hard bargaining and aggressive argument, I got the theft and child-endangerment charges dropped.

Bigotry against Roma is not inconsequential, even though it is not national news. Hitler persecuted Roma, as he did Jews, Slavs, and homosexuals.

3. Conclusion.

In part 1, I examined bigotry against African Americans and Latinos. Here, I examined bigotry against Muslim Americans and Roma. In part 3, I will discuss how bigotry saps America’s strength and afflicts bigotry’s perpetrators, and what we should do about it.

Sources:

9/11 families who support the Manhattan mosque: http://www.peacefultomorrows.org/

The truth about the promoter of the Manhattan mosque: http://www.nytimes.com/2010/08/22/nyregion/22imam.html?_r=1

An article about the promoters for the Manhattan mosque, and the plans concerning it: http://www.ft.com/cms/s/2/bf1110d8-a5b0-11df-a5b7-00144feabdc0.html

18 percent of Americans think Obama is a Muslim: http://pewresearch.org/pubs/1701/poll-obama-muslim-christian-church-out-of-politics-political-leaders-religious

The complexity of characterizing the "typical" Muslim: an article about the Sufis: http://www.nytimes.com/2010/08/17/opinion/17dalrymple.html

An homage to a great, tolerant Muslim elected leader: http://online.wsj.com/article/SB10001424052748704842604574642353284811682.html?KEYWORDS=wahid

YouTube video of John McCain refuting a supporter who calls Obama an "Arab": http://www.youtube.com/watch?v=MzoyADkoFUk

YouTube video of former Secretary of State Collin Powell on calling Obama a Muslim and patriotism among Muslim Americans: http://www.youtube.com/watch?v=dYELqbZAQ4M&feature=related

YouTube video of Eric Sevareid’s 1977 farewell broadcast: http://www.youtube.com/watch?v=lHGHm8iPeUY

Sunday, September 26, 2010

The Prisoner and the Politician, Part 3

(Parts 1 & 2 below)

7. Introduction, Part 3.

Part 1 compared two lives: a composite life-prisoner, and Newt Gingrich. Part 2 began to scrutinize the comparative virtues and vices of these men. Both have lied: Gingrich certainly, my client probably/maybe. Part 2 examined why.

8. The prisoner and the politician: comparison, continued.

 Let’s examine the comparative consequences of these character flaws, and other revelations.

d. The scope of their failings.Moral failings have consequences.

If my client lied about his knowledge of the murder of the house sitter, or his own participation in that crime, at least his lie had no scope. The commissioners and I were his audience, and we are few.

But Gingrich doesn’t lie to the few. He lies to a national audience. And he aspires to speak to the world as President of the United States with his unclean lips.

The scope of my client’s lies is minuscule. The scope of Gingrich’s lies is epic.

e. The effect of their failings.The consequences of my client’s – I suspect – minimization of his role in the murder is highly theoretical. A lie insults the dignity of the person lied to – here, the commissioners and me, whether we know of it or not. It has had no lingering effect.

When Gingrich lies, in addition to insulting the dignity of those he lies to, he deflects his audience from reality and molests their judgment. Based upon what Gingrich says, his credulous followers form opinions. Based on those opinions, they will choose candidates. And they will perpetuate his falsehoods among their friends and relations.

But almost worse than what Gingrich does to his credulous followers is what he does to his followers who penetrate his distortions. Because he is a hero to them, when they see him lie and rise, they are tempted to walk in his ways. This harms their integrity, and that potentially injures their personal and professional lives.

But Gingrich offends against more than his followers. He offends against the nation. Lies are toxic to our national lifeblood. On an individual level, any time we make an important decision – like whom to marry, where to invest our money – we crave accurate information. Who would marry if they knew that their would-be spouse was not kind, but cruel behind a mask of kindness? Who would invest their savings in a company, if they knew that the impressive company profits were only an accounting mirage? That's politics, too. America cannot sail itself to a safe and prosperous future under a delusion-based helm.

f. The burden of their failings.My client himself bears the burden his recent failing. He was caught with a cell phone, and he was denied parole. I have no doubt that he otherwise would have won release. As to his possible falsehoods, I feel no residual effect of this offense. Nor did the commissioners, if they were aware of it. I don’t think they shared my suspicion, because they said nothing. But minimization of personal responsibility for a crime is a fundamental reason for which commissioners deny parole.

Except in an eternal sense, Gingrich does not bear the burden of his recent failings; his followers and his country do. As Gingrich rises, we (potentially) fall.

g. Hypocrisy.My client is no hypocrite. He does not judge others harshly for what he himself does. He knows he has done evil. He hoped for mercy from the commissioners, but he was not dismayed when parole was denied. He did not complain about others who got parole who were, in his mind, less deserving.

Gingrich savages Democrats from his position of moral impoverishment. And as Speaker of the House, he famously made the case against Bill Clinton because of Monica Lewinsky. This, while he himself violated his vows to his second wife.

h. Goodwill.I don’t pretend that my client has affection for the commissioners who decide whether he goes free or stays in prison. But if nervousness is any indication, he fears them.

Gingrich possesses contempt for his followers. Contempt is the cause and effect of his falsehoods. Only contempt for his followers permits him to insult their dignity by lying to them instead of telling them the truth. And he necessarily must have contempt for people who cannot penetrate his transparent lies.


i. Humility and hubris.My client is humble. He doesn’t chafe under his daily routine, which is dictated by others. Others tell him when to rise, when to sleep; what to eat and when; what will be his occupation; what he may possess as property. He calmly accepted the decision denying him parole. He does not seek any lofty status in society. He just wants out. He knows he will always be under supervision, always be at risk for returning to prison. He accepts that.

Gingrich has wealth and power, and he seeks the highest power in politics. He considers his political rise more important than truth, and that is to say more important than God. Gingrich holds a bastard sense of entitlement to power – a sense of entitlement that overwhelms his fidelity to facts.

j. Future.If my client obtains his freedom, I have no doubt that he will lead a blameless life. For one thing, statistically, released lifers have a low recidivism rate. Also, after a deprived life, I expect the euphoria of freedom to choke out any depraved temptation that could cause his return to the futility of prison.

But it is hard to see a path to Gingrich’s rehabilitation. He has risen high in the world. He has the acclaim of millions. He has power, fame, and riches. And the consequence is pride. I see no catalyst that might alter the practices by which he has risen.


9. Conclusion.The life stories of my clients and Newt Gingrich are now being written. Some of my clients will achieve their freedom. Gingrich will rise, but I don’t know how high. But I predict this: in their small way, my freedom-gaining clients will lead good lives; and in his epic way, Gingrich will be a force for decline.

Saturday, September 25, 2010

The Prisoner and the Politician, Part 1

1. Introduction: life sentences.

I might prefer a prisoner to a politician.

In my law practice, many of my clients are lifers.  A lifer has been sentenced to prison for life. In California, a life sentence can be irrevocable, or it can come with the possibility of release – a.k.a. parole. All of my lifer clients have the possibility of parole. My duty is go with my clients before commissioners of the parole board and advocate for them. It is hard job, because parole is hard to obtain. It is harder for my clients than for me.

Most of my lifers are murderers. Some have killed multiple victims. One client killed a man, got released on parole, and then killed another man. Some of my clients committed lesser-but-still-grave offenses, such as kidnaping or intentional mayhem.

My friends wonder what it is like to interact with murderers. It feels very normal. Maybe that’s because they are on best behavior with me, but I don’t think so. Almost all of them have, at least to some degree, reformed. You can usually see this in their prison records: indifferent or hostile to prison rules coming in; increasing conformity to the rules as time goes by.

Recently, I watched a famous politician on the internet. I reacted to him in the way that my friends expect me to react to my clients. I was disgusted.  On reflection, I discovered that I feared my clients less, and respected them more, than this politician.

2. The prisoner and the politician: biographies.

That might sound hyperbolic. Let me justify my opinion by drawing a comparison between the prisoners and the politician. I’ll start by talking about their biographies.

a. The prisoner.For the privacy of my clients, I will not write about a particular prisoner, but about a realistic composite of several of them.

My client did not know his biological father. He was physically abused by his step-father. His mother did not protect him, in part because she was often drunk. He did poorly in school.

Because my client got along poorly with his mother and his step-father, during high school he moved in with a man he worked for. That man molested him.

In his late teens, my client burglarized a relative’s home. A house-sitter interrupted the burglary, and my client’s accomplice beat her to death. My client claims that he did not witness the beating, nor know about it until it was almost over. But perhaps he deliberately minimizes his knowledge of the crime or his involvement in it, or both.

My client has labored to rehabilitate himself during his decades in prison. He has taken many courses about anger and violence. He has regularly attended Alcoholics Anonymous and knows his 12-steps. He has acquired vocations in prison.

His early prison career was marked by many 115's – serious rules violations. Now, not so much. But he did within months of his parole hearing pick up a 115 for possession of contraband – a smuggled cell phone.

He had the cell phone because wanted to be able to talk unrestrictedly with his son. A correctional officer explained to me that cell phones are a security risk because any un-monitored prisoner contact with the outside is perilous; but that most prisoners who possess this contraband do so because they miss their families.

b. The politician.Newt Gingrich was formerly the powerful Speaker of the United States House of Representative. He is a likely candidate for the 2012 Republican nomination for President. He draws crowds for his speeches, and he commands the attention of the American press.

As for his upbringing, his parents were divorced when he was little, but his mother’s second husband, an Army officer, adopted him when he was five. He had regular contact with his natural father, a Navy officer.

After he graduated from high school, he followed his high school math teacher to Atlanta. While he studied at Emory University, he married her. After he graduated from Emory, he obtained a Ph.D. from Tulane University. His first job after finishing school was teaching.

After unsuccessful races for Congress, Gingrich was elected to his first term in 1978. During his first term, he divorced his cancer-stricken wife and married his second of three wives.

Gingrich at one time was considered a model for even Democrats for emulate – a man who percolated with brilliance. Presently, a new tactic eclipses his enunciation of brilliant ideas. His new public persona is less glittery with fresh ideas and more focused on scathing attacks, denunciations untethered to truth.

In typical fashion, Gingrich recently warned newly-confirmed Supreme Court Justice Elena Kagan away from deciding cases by examining sharia. (Sharia is the law code that derives from the Qur’an.) He threatened that she would not remain in office if she did. The imagined source of Kagan’s attraction to sharia apparently is that, as dean of Harvard Law, she accepted an endowment on behalf of the university. It came from a wealthy Saudi, and its purpose was to create four professorships at Harvard Law to study and teach Islamic finance.

Gingrich knows better. My own law professor taught comparative criminal law; this included study of the Soviet criminal-justice system. But that did not make him a communist. And I studied Greek mythology as a teenager. But I never sacrificed so much as an aphid to Zeus. You can study something – and Islamic finance is important in the world – without wanting it.

This is pure Gingrich in his present incarnation.

3. Part 1 conclusion.

In Part 2, I will begin to construct a 10-point comparison between my client and Gingrich, to say who is more admirable, or less dangerous.

Links

A Gingrich biography: http://www.pbs.org/wgbh/pages/frontline/newt/boyernewt2.html
 
A report on a typical scathing speech by Gingrich, including his remarks about Kagel and sharia: http://blogs.abcnews.com/thenote/2010/09/newt-gingrich-kathleen-sebelius-behaving-in-the-spirit-of-soviet-tyranny.html

Kagel and sharia: http://www.guardian.co.uk/commentisfree/michaeltomasky/2010/aug/05/usa-islam-elena-kagan-sharia-nonsense
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Saturday, September 4, 2010

Not Enemies but Friends

1. Introduction: perspective.

A Holocaust survivor explains why he rejected God:

God had allowed SS troops to snatch a baby from his mother and then use it as a football. When it was a torn lump of flesh they tossed it to their dogs. The mother was forced to watch. Then they ripped off her blouse and made her use it to clean the blood off their boots.
http://www.economist.com/node/16886073?story_id=16886073

This paragraph makes my blood freeze and my mouth gape.  Such cruelty is unfathomable.

Of all the reactions this description evokes from me, the one I will write about is this: it puts our American era, troubled as it is, into perspective. In particular, the suffering of this unnamed woman, this tormented victim, rebukes a troubling political habit of our time (though one not unique to our time): namely, to harshly judge those on the far side of the political spectrum from us. There is a left/right divide; we are less willing to reach across its span as time goes by. We are becoming a nation of shouters. But harrowing manifestations of real evil like this forbid our overreaction to mere political disagreements.

I don’t say this to be trite. I say this because political disagreements grow into monsters of the mind -- in too many minds, at least.  And this harms democracy in America.


2. The infernal politics of division.

Some politicians and media (large and small) so focus Americans on our intramural divisions that we lose sight of our common ground and even of our mutual humanity. This explains today’s highly divisive tactics. Here are some of the tactics that political dividers employ.

a. Wedge issues.

Political dividers resort to wedge issues. The term explains itself.

A premier example of a wedge issue is the demonization of Muslim-Americans. Muslims are only a means to an end in this scheme; though it afflicts them, its objective lies elsewhere. The scheme is in part a high-stakes dare to democratic politicians to stand up for Muslims – and either they gamble their political fortunes for this good purpose (too few do this), or they cave in and look craven. The scheme behind the demonization of Muslims is also to ignite ignorance, fear, and hatred to multiply political followers – in a word, demagoguery. And it succeeds like a lit match put to tinder.

Political dividers accuse the proposed Manhattan mosque's backers, and American Muslims generally, of seeking to impose sharia as the law of the land. http://www.weeklystandard.com/blogs/lee-smith-sharia/ (Sharia is the code of law based upon the Qur'an.)  This is an utterly implausible objective, because it has no remote chance of success. Despite its implausibility, it provokes popular outrage.

Political dividers conflate moderate American Muslims with the murders of 9/11.

They assert, in defiance of fact, that the moderate Muslims behind the proposed Manhattan mosque plan it as a triumphal monument to the 9/11 attack.
http://boston.com/news/nation/articles/2010/05/25/nyc_community_board_oks_ground_zero_mosque_plans/ They portray these moderate Muslims as cartoonish villains sinisterly conniving to torment America in its midst.

They accuse the Muslims among us of plotting world hegemony. http://michellemalkin.com/2007/03/08/gingrichs-baggage-gotten-on-my-knees/ In fact, our Muslims neighbors mostly share more modest goals with the rest of us: to live in peace, to win such prosperity as we can, to raise and protect our families, and to worship the god of our forbears.

Making Muslims a wedge issue serves the politics of division.

Not only Muslims but any minority might be placed as a bet in the political game of wedge issues. Hispanic infants have become fabled “anchor babies” – not conceived for the usual reasons of love or family or slipshod birth control. According to this political urban legend, these babies are products of calculation, conduits when they achieve adulthood for their parents’ citizenship. This fable floats in an evidentiary vacuum. It inflames a certain kind of White voter.

And, of course, the joining in marriage of two persons of the same gender continues to sunder the nation.

b. Provocative language.

Political dividers deploy provocative language.

“Liberal” no longer evokes sufficient loathing. Now, they use “socialist”, evoking the Soviet Union’s Vladimir Lenin and Venezuela’s Hugo Chavez. Minimal familiarity with these tyrants illuminates these tyrants’ tactics, which go far beyond what any American politician could inflict upon an American public accustomed to freedom, due process, and electoral power. Anyone who knows of these tyrants cannot rationally equate them with any American political leader. But political dividers exploit an un-critical audience with their incendiary language.

“Tyranny” is a vogue word. In its current usage, it purports to describe the actions of the party in power, which exercises its prerogative after a majority of Americans democratically put them in the White House and in the majority in Congress. This definition of “tyranny” defies any dictionary. But it provokes loathing. It implies illegitimacy. It stokes a sense of grievance. So political dividers use it.

c. Lies.

Political dividers lie.

It is hard to argue against making health care universal, so that sick people don’t die because they are poor. So opponents of health-care reform invented “death panels”, because “death panels” sounds vile. Death panels were imagined, not legislated. The fabled “death panels” provision of the health-care-reform bill merely paid Medicare doctors when they performed an ordinary, otherwise-unpaid responsibility. That was to help seniors make advance end-of-life decisions, so not to burden their family with those decisions if they themselves became incapacitated. http://www.factcheck.org/2009/08/palin-vs-obama-death-panels/

d. Shouting down democracy.

The oracles of division disrupt democratic processes. Democracy can’t happen if its voices cannot be heard. So democracy suffered at open forums on health-care reform when speakers were shouted down. In miniature, the same thing happens when TV pundits loudly talk over each other to keep each other from expressing a point. This tactic divides us by ensuring that robust, open debate cannot anneal division. It insinuates that some opinions should not be heard.


3. De-legitimization.

One objective of these tactics is to de-legitimize the opposition.

People disagree. That is part of democracy. Though there is large consensus in our democracy – think about all the basic things we generally agree on – debates roll, and sometimes they rage. To say someone is wrong does no harm to democracy; debate nourishes democracy.

But de-legitimization repudiates nourishing democratic disagreement by repudiating those who disagree. It demonizes opponents. It divides and destroys.

De-legitimization lies beneath claims that the President is Kenyan by birth – even though his Honolulu-newspaper birth announcements can be examined by any blogger, citizen, news organization, or random rabble-rouser.

De-legitimization lies beneath claims of dreaded socialism.

De-legitimization lies beneath claims of tyranny.

Disagreement is an American tradition, as American as the Lincoln-Douglas debates. De-legitimization is the opposite of Lincoln-Douglas. It is House Committee on Un-American Activities territory – a territory to which political dividers would exile mainstream leaders, media, and innocent fellow-citizens.


4. A grassroots solution.

We must not tolerate these toxic practices in ourselves or in our own leaders. And we must take grassroots measures to moderate these practices.

a. Engaging.

We must engage our brother-and-sister Americans in non-judgmental civic discourse. We can do this in common areas of condominiums, over coffee in kitchens, in break areas at work, on social networks like Facebook, or in any other forum.

We must defy the temptation to mix only with the like-minded. That habit is reassuring, and it soothes the spirit, but ultimately it inhibits the grassroots free-flow of information and ideas. And that free-flow is oxygen to democracy.

When we participate in civic discourse, we necessarily imply that we are willing to be persuaded as well as to persuade.

And civic discourse serves a purpose beyond persuasion per se. Civil, respectful engagement interrupts the demagogues' claim that decency reposes in only one side. To civilly, respectfully engage undercuts demagogues and dividers.

b. De-legitimizing the de-legitimizers.

We must de-legitimize the de-legitimizers. We can do so in various ways.

I mentioned interrupting the claims of demagogues by practicing civil civic discourse. When we are reasonable and decent, we prove that we are not what the de-legitimizers say we are.

We also can de-legitimize the de-legitimizers by respectfully but firmly rejecting incendiary labels, for ourselves and for our leaders.

And we de-legitimize the de-ligitimizers by speaking the truth in the face of falsehoods. As Justice Louis Brandeis said: “Sunlight is said to be the best of disinfectants; electric light the most efficient policeman.”

c. Being informed.

We must be informed. Effective civic debate requires knowledge. We must be more than opinion.

This takes effort. Being an informed citizen requires more than listening to pundits opinionate. I don’t mean to hector. But sustained effort can convert a chore into a hobby. After a time, the pursuit of political knowledge begins to match the pleasure with which many of us hoard sports knowledge.

To stay informed, I like the New York Times: http://www.nytimes.com/. I subscribe to magazines such as The Atlantic Monthly, The New Republic, The New Yorker, The Economist, Rolling Stone, and Foreign Affairs. Some of these are surprisingly cheap.

There are also non-partisan fact-checking websites that scrutinize political claims and counter-claims. For example, http://www.factcheck.org/ is published by the Annenberg Public Policy Center. Also, http://www.politifact.com/ is published by the St. Petersburg Times. It won a Pulitzer Prize in 2009.

d. Minding the higher objective.

We must keep in mind our higher objective. When we debate, of course we want to persuade. But in divisive times, the higher object must be to cultivate goodwill among people we disagree with. Goodwill among adversaries fortifies democracy, and the importance of a robust democracy dwarfs the importance of success on any particular issue or issues

A conservative friend of mine once boasted that, in Supreme Court case conferences among his fellow justices, conservative justice Antonin Scalia wins every argument. The rejoinder is the question: but did he persuade? The two are not the same. Scalia might undermine his powers of persuasion by his highly readable but highly scathing dissents. Contrast Scalia with epochal chief justices like John Marshall and Earl Warren. Their greatness lay in their ability among politically-divergent colleagues to produce unanimous opinions on controversial issues.

Goodwill is our goal; but goodwill and persuasion go together.


5. Conclusion.

No President presided over a more divided time than Abraham Lincoln. Nor did any President speak greater words of reconciliation than he did. These words are from Lincoln’s First Inaugural Address, delivered when hatred and opposition rent the nation:

We are not enemies, but friends. We must not be enemies. Though passion may have strained, it must not break our bonds of affection. The mystic chords of memory, stre[t]ching from every battle-field, and patriot grave, to every living heart and hearthstone, all over this broad land, will yet swell the chorus of the Union, when again touched, as surely they will be, by the better angels of our nature.
 This must be our maxim.

We should also, of course, remember Abraham Lincoln’s resoluteness. Speaking reconciliation, he also waged war. Personal decency therefore does not imply weakness or tepid opinions.

We can have it both ways. We can dedicate ourselves to our principles, pursuing them relentlessly, modifying them only for good reason. But we can pursue our principles with decency, we can pursue our principles with civility, we can pursue our principles without breaking bonds of affection with our adversaries of good will. We can reforge broken bonds.