America – Unspoken Politics

Our American baggage: a July 4 reflection

Today marks the 240 years since an arbitrary point in time, one of several associated with the Declaration of Independence. It’s also a time to reflect on how irrelevant the Declaration is in the 21st century, despite constant references in political culture. Present American policy the antithesis of the right of revolution. The dismemberment of Occupy shows that even talking about revolution is taboo. This is to be expected- what kind of self-sustaining regime would ever recognize the right to be overthrown?

So even though it was created eleven years later, when we discuss our origins we speak, directly or indirectly, of the Constitution. Unlike almost every state with a written constitution, the US Constitution has undergone comparatively mild revision, even though it predates the French Revolution, and thus modern politics as we know it. In the past, I’ve talked about our origins as dead people’s baggage, and the problem of a pre-democratic Constitution. Consider this a third take on the same theme.

Here’s a strange thing to consider. At this point, it is generally established that all-white clubs clash with civil rights law. This year, Harvard cracked down on single-sex clubs, indicating that even in bastions of privilege like the Ivy League, integration is now expected.

Were the Constitutional Convention assemble today, July 4, 2016, it would be a pariah. An all-white, all-male clique, who generally speaking despised the working class, and did not think of women or populations of color as citizens. Yet most people are okay with how the Constitution was created. This slides into the problematic “the times were different” defense, which has always been used to justify atrocity and injustice. All the institutions surrounding the Constitution have integrated in some sense- legislatures, courts, school boards, the Cabinet. But the roots remain the same. And when the three current female Supreme Court justices interpret the law, they wrestle with a legal history that women had no input on until a few decades ago.

The end result is a Constitution that is incredibly vague, which inherently supports existing privilege and white male supremacy. There are no protections for marginalized groups, because they were never thought to have political and social rights. In fact, one can say that constitutional change in American history is a story of turning universal rights into enforceable protections.

One reason a second Convention has never been called, despite Framers asking future generations to do so, is that the leap will be so dramatic. Can we imagine a Constitution ten times longer? Twenty? Can we imagine the Second Amendment remade? Can we imagine centuries of case law overruled?

So on this July 4th, we triumph the Declaration, as it remains pure, frozen in time. There is no sense of obligation to change it. On this day, we can travel to the past, and not bring its baggage on the return trip.

The pre-democratic American Constitution

Discussions about the American political system often seem too…exact. The foundation of law and source of political norms in the United States is portrayed as entrenched, and the Constitution set up as laying out the politics of today in detail.

For instance, the statement “America is a two-party system”. Most facts about the modern American political system are codification through improvisation. It’s because the United States has a pre-modern, pre-democratic Constitution.

Sitting at the core of American law is an archaic foundation, that we spend a lot of time pretending isn’t a dead albatross that we have to drag around. One school of legal thought is that because the Constitution is so short and vague, it can evolve with the times. Whether this is because it is a living document, or that the wisdom of the Framers is seen as a matter of political opinion. Yet the Constitution has not aged well. Modern America is held together with legal gaffer tape.

So, what is the Constitution not equipped to handle? Competitive elections (so, democracy as we know it today). Political parties. Interest groups. Money in politics. A society in which people other than white landowners had value. The welfare state. Modern monetary policy. Economic integration. Cultural shifts on civil rights based on sexual orientation, gender identity, and sexual choice. The Industrial Revolution. Multilateral treaties and international cooperation.

The vagueness has often not been a benefit at all. There is nothing in the text that says women are allowed to vote, but it took a constitutional amendment to specifically make that a right. The Constitution is not adaptable if its general principles must be updated by legally binding alteration.

In practice, the Constitution is dragged into each new era by common law. But this means that the decisions of a small, homogeneous judicial clique decides what are new rights. And there’s nothing to have reversals that go in the opposite direction of progress. Judges essentially create a substantial portion of the law from whole cloth- given the vague nature of their source material, rather than giving a yes/no decision, they have to create new standards.

Now a constitution need not be updated every year, but basically no other constitution in the world predates the basic norms of how democracies govern.

This is hardly an original view. There has been one substantial effort to reconcile the 18th century worldview with principles recognizable in 2016. Franklin D. Roosevelt’s Second Bill of Rights was proposed as a way to deal with one of the most fundamental shifts in American society- that is, economic rights that aren’t directly related to property. The proposal was nothing left than a complete revolution in the role of government. Most of the ideas in the Second Bill of Rights have never been implemented and may never will.

Besides economic rights, no procedures are supplied for how American democracy should work. The Framers willfully refused to regulate party politics, so when partisanship erupted, the rules were improvised. But the well is even drier here, because instead of vague principles, there’s just…nothing. America is a two-party state in practice, but it’s a zero party state in fundamental law.

It is frustrating that many all but worship the Constitution, while ignoring the problems caused by its continued existence. It feels like we’re playing blackjack, but using rules from a book about bridge.

What our wars create: ISIS and the persistence of terrorism

ISIS soldiers celebrate. Credit: AFP/Getty

A conservative Facebook friend posted a story from the YoungCons website (you know it’s a great right-wing website when one of the top results is “is this site satire?”) about the battle of civilizations- America vs. Islamic fundamentalism. It suggested that the US take after Jefferson and his war against the pirates in Tripoli- use force against these Islamic powers, and don’t back down, surrender, or be held for ransom. Those three things being what the Obama administration is currently doing re: ISIS. Apparently.

Here was my reply, and a reply against the US policy in the Middle East since 9/11:

Islamic fundamentalism post-dates Jefferson. It is a creation in response to colonialism and perpetuated by Western anti-terror actions that lead to far more civilian casualties than militant ones.

We’ve been actively killing people in the Middle East for thirteen years and radical fundamentalism is stronger than ever. A secular leader in Iraq was overthrown, the armed forces disbanded, and a Sunni insurgency created by former officers let loose with their training and weapons. The strongest terror-backed entity is using American weapons to massacre civilians.

So when is America going to bomb the Islamic world into prosperity and peace? Or perhaps basic history shows that’s not the case, and we’re actually fighting a war against groups that would not exist without the weapons and instability from Land of the Free, Home of the Brave, the United States of America.

Now please note that I am not a Hussein apologist, but we need to be honest and see what the early-stage plan in Iraq was, and how in toppling one dictator we sowed the seeds for others to come.

With ISIS, we must stop the ongoing nationwide amnesia about the two main wars fought with 9/11 as justification, and confront the new, post-Coalition Iraq. Any additional use of force in the region has to be weighed against what has happened with past uses of force. ISIS may not be a direct creation of the United States (with an assist from early 20th century France and Britain), but its current structure and power is related to US actions, and the War on Terror philosophy that terrorism must be stomped out using overwhelming force.

This is a terror group which is now confirmed to have access to chemical weapons. Just this week another Iraqi Army base was overrun, giving ISIS access to huge amounts of US-provided weapons and transportation.

The biggest discussion since 9/11 that nobody in the government or national media doesn’t want to have is a huge one: what it terrorism, and how is it persisting despite sanctions and military action? Central to this indefinite War is the justification of force without the analysis of its consequences. The Sunni insurgency comes from how the initial invasion of Iraq was manage, and how the Shi’ite and Sunni constituencies have their own paramilitary groups that can act independently of governmental authority. ISIS is a product of dysfunction, and there is no way to remove Coalition action from that dynamic.

Patriotism is a cheap word these days. Only brash, simple action can be patriotic, and dissent is met with ambivalence, if not outright hostility. No matter what ideology you subscribe to, what the United States does or does not do in the Middle East has a body count attached to it. Its size is important, as well as how we take responsibility for collateral damage, if at all.

Dreams turned into debt

I’ve wondered how you would encapsulate the economic era that most Americans live in. The fundamental costs of living have skyrocketed. Many Americans are lucky to have zero retirement savings, because others are mired in long-term debt.

I decided to draw this graph to encapsulate what the post-industrial era had brought. With the death of high-wage unskilled labor and declining investment in training and education, wealth has turned into a sea of debt.